ARTICLE II.

ELECTIVE OFFICERS

Sec. 2.1. Elective City Officers, Size of Council — Elected at Large.

The elective officers of the city shall be the mayor and seven (7) councilmen, all of whom shall be elected by majority vote from the city at large.

Sec. 2.2. Eligibility to Hold Elective Office.

No person shall be eligible to hold elective office unless he shall have been a registered voter and resident of the city for a period of at least one (1) year next preceding his election. Residence and voting within the limits of any territory which has been included in, annexed to, or consolidated with the city is construed to have been residence within the city. A mayor or councilman shall hold within the city government no other public office or employment.

Sec. 2.3. First Election — Terms of First Elective Officers, Time for First Election.

The first election of officers under this charter shall be held on the Tuesday following the first Monday of November, 1968, at which time shall be elected a mayor and three (3) councilmen for five‑year terms, and until their successors are elected and qualified, and four (4) councilmen for three‑year terms and until their successors are elected and qualified; provided, however, that the first mayor and council shall commence to perform the duties of their offices, and receive compensation therefor, upon the effective date of commencement of the mayor‑council plan of government as set forth in Article XVII of this charter; provided, further, that their terms shall expire as though they had taken office on the second Monday of January, 1969. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes.

Sec. 2.4. Elections Other Than the First — Term Elective Officers.

Except for the first election, officers shall be elected at biennial city general elections held on the first Tuesday following the first Monday in November in the odd‑numbered years, commencing with the year 1971. At such elections, there shall be elected the requisite number of councilmen as the terms of their predecessors expire, and a mayor as the term of his predecessor expires. The terms of the mayor and councilmen shall be four years and until their successors are elected and qualified. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes. The mayor and councilmen shall qualify by taking an Oath or Affirmation of Office, as may be provided by law, charter or ordinance, and their terms shall commence the first of January following their election. (Amended by RCW 29.04.170(2))

Sec. 2.5. Vacancies — Elected Officials.

The office of a mayor or council member shall become vacant upon:

(a) Failure to qualify at the time of taking of office;

(b) Death;

(c) Resignation;

(d) Recall;

(e) Forfeiture; or

(f) Extended absence or incapacity.

In the event of a vacancy in the office of mayor or council member, the Council by majority vote shall appoint a qualified person to fill the vacancy until the next regular municipal or general election. For vacancies occurring prior to the filing deadline for declaration of candidacy for such vacant office, as established by RCW 29A.24.050 as now or hereafter amended, the election shall be held in November of the year of appointment. For those vacancies occurring subsequent to the filing deadline for declaration of candidacy, the election shall occur in November of the year following appointment. The person so elected shall serve the remainder of the unexpired term. If, after thirty days have passed since the occurrence of a vacancy, and the council has been unable to agree upon a person to be appointed to fill the vacancy, the mayor or in his or her absence, the mayor pro tempore, may make the appointment from among the persons nominated by members of the council.

In the event of the extended excused absence or disability of a council member, the remaining members, by majority vote, may appoint a council member pro tempore to serve during the absence or disability.

In the event of the vacancy of the office of mayor, all duties of the mayor shall be performed by the mayor pro tempore, until an interim mayor has been appointed or the person who is elected to serve the remainder of the unexpired term of the mayor takes office. The chief administrative assistant shall continue to perform the administrative duties, and shall not be removed without the consent of the council.

“Incapacity” as used in this section shall mean “unable to perform the ordinary and usual tasks or duties of the office for an extended period of time.” An extended period of time for the purposes of this section shall be that which is beyond a “reasonable” time. (Ord. 2924-06 § 3, 2006: amended 11-5-96)

Sec. 2.6. Forfeiture of Office.

A mayor or councilman shall forfeit his office, creating a vacancy, if he ceases to have the qualifications prescribed for such office by law, charter, or ordinance, or if he is convicted of a crime involving moral turpitude, or a felony, or an offense involving a violation of his oath of office. A councilman also shall forfeit his office if he fails to attend three consecutive regular meetings of the council without being excused by the council.

Sec. 2.7. Mayor Pro Tempore/Interim Mayor.

(a) The members of the council shall by majority vote designate one of their members as mayor pro tempore for such period as the council may specify. The mayor pro tempore shall hold office at the pleasure of the council, and in case of the absence or temporary incapacity of the mayor perform the duties of mayor except he shall not have power to appoint or remove any officer or veto actions of the council. The mayor pro tempore shall remain a council member and may still vote as a council member on matters before the council. In the case of an extended absence in the office of the mayor, the mayor pro tempore may appoint or remove an officer with the consent of the majority of the council.

(b) In addition, the council shall as the need may arise, appoint one of its members to serve as interim mayor in the event of a vacancy as defined by section 2.5. The interim mayor shall have the full authority of the office of mayor, and shall serve until the person who is elected to serve the remainder of the unexpired term of the mayor takes office. A council member appointed to serve as interim mayor shall vacate his or her council position. (Ord. 2924-06 § 4, 2006: amended 11-5-96)

Sec. 2.8. Citizens’ Commission on Salaries of Elected Officials.

(a) Purpose: It is the policy of the City of Everett to base salaries of elected officials on realistic standards so that officials may be paid according to the duties of their offices, so that citizens of the highest quality may be attracted to public service. To effectuate this policy, the Everett Citizens’ Commission on Salaries of Elected Officials (“Citizens’ Commission”) is hereby created consisting of seven (7) members with duties and responsibilities as set forth below.

(b) Duties: The Citizens’ Commission shall study the relationship of salaries to the duties of all elected officials and shall set the salaries for each respective position. Except as provided otherwise below, the Citizens’ Commission shall be solely responsible for its own organization, operation, and action and shall enjoy the fullest cooperation of all elected officials, departments and agencies of the City of Everett.

(c) Eligibility: The Citizens’ Commission shall consist of seven (7) members, all of whom must be at least twenty-one (21) years of age, registered to vote, and maintain personal residence within the boundaries of the City of Everett. No City of Everett official, or public employee, immediate family member of the official or employee is eligible for membership on the Citizens’ Commission. As used in this subsection, the phrase “immediate family” means parents, spouse, siblings, children, or dependent relative of the official or employee, whether or not they are living in the same household.

(d) Appointment: Two (2) members of the Citizens’ Commission shall be appointed by the city council and one (1) member shall be appointed by the mayor; those three members shall select the other four (4) members. The members of the commission shall serve four (4) year terms beginning January 1, 1997, except that the first seven members shall be appointed for different terms as follows: (a) one member appointed by the city council for a period of four years; (b) one member appointed by the city council for a period of two years; (c) the one member appointed by the mayor to serve for a period of two years; (d) two of the members selected by those three members to serve for periods of four years; and (e) two of the members selected by those three members to serve for periods of two years. No person may serve more than two (2) consecutive terms. Members of the commission may be removed by the mayor, with the approval of the council, only for cause of incapacity, incompetence, neglect of duty, malfeasance in office, or for a disqualifying change of eligibility. The unexcused absence of any member of the commission from two (2) consecutive meetings of the commission shall constitute relinquishment of that person’s membership on the commission. Such a relinquishment creates a vacancy in that person’s position on the commission. Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term. The selection and appointment shall be concluded within thirty (30) days of the date that the position becomes vacant and shall be conducted in the same manner as originally provided for that person’s appointment.

(e) Operation: The members of the commission shall elect a chair from among their number. The commission shall set a schedule of salaries by an affirmative vote of not less than five (5) members of the commission. Members of the commission shall receive no compensation for their services.

(f) Determination of Salary Schedule: The commission shall file its initial schedules of salaries for the elected officials with the city clerk no later than the first Monday in May 1997, and shall file a schedule on the same day every two years thereafter. The signature of the chair of the commission shall be affixed to each schedule submitted to the city clerk. The chair shall certify that the schedule has been adopted in accordance with the provisions of this charter and with the rules, if any, of the commission. Such schedules shall become effective ninety (90) days after the filing thereof, except as provided in section (h) below.

(g) Open Meetings: All meetings, actions, hearings, and business of the commission shall be subject to the Open Public Meetings Act as set forth in Chapter 42.30 of the Revised Code of Washington. Prior to the filing of any salary schedule, the commission shall hold no fewer than two (2) public hearings thereon within the two (2) months immediately preceding the filing.

(h) Referendum: Any change of salary shall be subject to referendum petition by the citizens filed within the ninety (90) day period after the filing of the schedule of salaries. Referendum measures under this section shall be submitted to the citizens at the next following municipal election, and shall be otherwise governed by the provisions of this charter; provided, for the purpose of a referendum, the schedule of salaries shall be treated as an ordinance.

Further, the city council may submit the salary schedule filed pursuant to this section to the citizens at the next following municipal election. Provided, city council submission to the citizens shall only be made upon passage of an ordinance by a vote of a majority plus one of the whole membership.

(i) The mayor and council members shall receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance, consistent with state law. (Amended 11-5-96)