Chapter 2
ADMINISTRATION¹

Articles:

I. In General

II. City Council

III. Boards – Committees – Commissions

IV. Officials, Officers and Employees

V. Claims Against the City

VI. Appeal Procedure

VII. Initiative and Referendum Powers

VIII. Drug Forfeitures

IX. Art in Public Places

X. Municipal Court

XI. Disposition of Confiscated and Forfeited Firearms

Article I.
IN GENERAL

Sections:

2-1 Office hours.

2-2 – 2-25 Reserved.

2-1 Office hours.

Normal office hours for the operation of the City Hall shall be Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., exclusive of holidays. (Ord. No. 90-58, § 1, 5-15-90)

2-2 – 2-25 Reserved.

Article II.
CITY COUNCIL

Sections:

2-26 Salaries.

2-27 – 2-45 Reserved.

2-26 Salaries.

(a) All councilmembers elected or appointed to terms commencing on or after January 1, 1992, shall receive a salary of $750.00 per month. Any person elected or appointed by the city council to the office of mayor for a term commencing on or after January 1, 1992, shall while serving as mayor receive a total salary of $900.00 per month. Councilmembers completing terms to which they had been elected or appointed which commenced prior to January 1, 1992, shall, pursuant to RCW 35A.13.040, continue to receive a salary of $400.00 per month while serving as councilmember or $500.00 per month while serving as mayor.

(b) If the city’s independent salary commission establishes a salary schedule for the mayor and councilmembers, those salaries will take effect at the times, in the amounts, and under the conditions established in the schedule, as provided by law and by Chapter 2 FWCC, Article III, Division 8 and will replace the salaries set forth in subsection (a) of this section. (Ord. No. 90-59, § 1, 5-15-90; Ord. No. 03-439, § 1, 3-18-03)

2-27 – 2-45 Reserved.

Article III.
BOARDS – COMMITTEES – COMMISSIONS

Sections:

Division 1. Civil Service Commission

2-46 Definitions.

2-47 Creation – Appointment.

2-48 Eligibility.

2-49 Terms.

2-50 Removal.

2-51 Proceedings – Quorum.

2-52 General powers and duties.

2-53 Secretary-chief examiner.

2-54 Rules and regulations.

2-55 Reserved.

Division 2. Arts Commission

2-56 Created.

2-57 Purpose.

2-58 Membership.

2-59 Officers – Staff – Operation.

2-60 Responsibilities.

2-61 – 2-70 Reserved.

Division 3. Human Services Commission

2-71 Created.

2-72 Qualifications – Terms.

2-73 Organization and meetings.

2-74 Duties and responsibilities.

2-75 – 2-77 Reserved.

Division 4. Youth Commission

2-78 Created.

2-79 Purpose.

2-80 Goals.

2-81 Membership.

2-82 Responsibilities.

2-83 Staff support.

2-84 – 2-86 Reserved.

Division 5. Diversity Commission

2-87 Created.

2-88 Purpose.

2-89 Membership.

2-90 Responsibilities and objectives.

2-91 Officers.

Division 6. Disability Board

2-92 Creation of disability board.

2-93 Functions of the board.

2-94 Membership.

2-95 Term – Vacancies.

Division 7. Lodging Tax Advisory Committee

2-95.1 Creation.

2-95.2 Membership.

2-95.3 Term of office.

2-95.4 Voting – Dissenting and concurring comments.

2-95.5 Changes to membership.

2-95.6 Submissions to the committee.

2-95.7 Comments – Members entitled to one vote – Dissenting or concurring comments forwarded to council.

Division 8. Independent Salary Commission

2-95.8 Created.

2-95.9 Purpose.

2-95.10 Membership.

2-95.11 Qualifications.

2-95.12 Operation.

2-95.13 Responsibilities.

2-95.14 Effective date – Salaries.

2-95.15 Salary schedule subject to referendum petition.

Division 1. Civil Service Commission

2-46 Definitions.

As used in this division, the following words and terms shall be given the following definitions:

(1) Appointment includes all means of selecting, appointing, or employing any person to hold the office of civil service commissioner.

(2) Commission means the civil service commission herein created and “commissioner” means any one of the five commissioners appointed to the commission. “Alternate commissioner” means any one of the two alternate commissioners appointed to the commission.

(3) City means the city of Federal Way, a Washington municipal corporation.

(4) Elector means a registered voter.

(5) Resident means a person whose primary dwelling place is located in the city. (Ord. No. 96-258, § 2, 1-2-96)

2-47 Creation – Appointment.

There is hereby created a police civil service commission, consisting of five members who shall be appointed by the city manager to exercise the powers and perform the duties established by this chapter and by state law as set forth in Chapter 41.12 RCW in connection with the selection, appointment, promotion, demotion and employment of police officers commissioned pursuant to RCW 43.101.200, unless exempt pursuant to RCW 41.06.070. The rank of police chief, director of police services, assistant or deputy to such chief or director, and commander shall be excluded from civil service pursuant to RCW 42.12.050 in recognition of the management authority delegated to such positions. Noncommissioned full-time, part-time or seasonal employees of the police department, such as police support officers, community service officers, identification technicians, property/evidence room technicians, record clerks, dispatchers and administration assistants shall be excluded from civil service pursuant to RCW 41.12.010 and RCW 41.12.220 and/or in recognition that the city will create an orderly system of personnel administration to cover such employees. The commissioners shall serve without compensation; provided, however, that they may be reimbursed for expenses incurred in service as a commissioner. (Ord. No. 96-258, § 2, 1-2-96; Ord. No. 98-308, § 1, 1-6-98)

2-48 Eligibility.

No person shall be appointed a commissioner or alternate commissioner unless that person is a citizen of the United States, a resident of the city for at least one year immediately preceding such appointment, and an elector of the county in which the commissioner resides. (Ord. No. 96-258, § 2, 1-2-96)

2-49 Terms.

The term of office of the commissioners shall be for five years, except that the first five commissioners shall be appointed for different terms, as follows: One to serve for a period of one year, one to serve for a period of two years, one to serve for a period of three years, one to serve for a period of four years, and one to serve for a period of five years. The term of office for alternate commissioners shall be for two years. (Ord. No. 96-258, § 2, 1-2-96)

2-50 Removal.

Any commissioner or alternate commissioner may be removed from office for incompetency, incompatibility, dereliction of duty, malfeasance in office, or other good cause; provided, however, that no commissioner or alternate commissioner shall be removed until: (1) charges have been filed, in writing; (2) the commissioner or alternate commissioner has been personally served with a written notice of charges against him or her and with a notice of hearing; and (3) after a full hearing has been convened before the Federal Way city council. The charging party in all such actions shall be the city manager. Should any commissioner or alternate commissioner be incapacitated, resign from, or be removed from office, then the city manager shall appoint a successor to that position for the remainder of the unexpired term. (Ord. No. 96-258, § 2, 1-2-96; Ord. No. 05-501, § 1, 9-20-05)

2-51 Proceedings – Quorum.

(a) Three commissioners shall constitute a quorum and the votes of three commissioners shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission.

(b) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except as provided in subsections (c) and (d) of this section.

(c) In the event a commissioner is disqualified from participation or otherwise unable to participate in a hearing on employee discipline, an alternate commissioner shall be appointed by the commission chair to serve in the place of the absent commissioner. The alternate commissioner shall be entitled to participate fully in such proceedings, and is authorized to vote on the action before the commission.

(d) In the event that there are insufficient commissioners to form a quorum at a regularly scheduled meeting, the chair may appoint an alternate commissioner to serve in the place of an absent commissioner at that meeting. The alternate commissioner is entitled to participate fully in the meeting and is authorized to vote on actions before the commission for the duration of the meeting. For these purposes, a commissioner arriving more than 10 minutes past the designated meeting start time will be deemed absent. (Ord. No. 96-258, § 2, 1-2-96; Ord. No. 05-501, § 2, 9-20-05)

2-52 General powers and duties.

The commission shall have the powers and duties as set forth in Chapter 41.12 RCW, except as provided herein. The commissioners shall devote due time and attention to the performance of their specified duties. (Ord. No. 96-258, § 2, 1-2-96)

2-53 Secretary-chief examiner.

The secretary-chief examiner authorized by RCW 41.12.040 shall be appointed by the commission from among qualified city employees selected and recommended by the city manager. (Ord. No. 96-258, § 2, 1-2-96)

2-54 Rules and regulations.

The commission shall have power to make and adopt such rules and regulations as are necessary to effectuate the purposes of this division and Chapter 41.12 RCW; provided, however, that the commission shall have the flexibility to adopt rules different from the express provisions of Chapter 41.12 RCW which effectuate such purposes; and provided further, that such rules shall include a 12-month probationary period and a certification rule of seven eligible persons, notwithstanding RCW 41.12.100. The commission shall also have the power to make rules and regulations governing the commission in the conduct of its meetings and any other matter over which it has authority. In promotional testing the commission shall not grant service credit or priority for length of service in city employment. (Ord. No. 96-258, § 2, 1-2-96; Ord. No. 05-498, § 1, 8-2-05)

2-55 Reserved.

Division 2. Arts Commission

2-56 Created.

There is hereby established a Federal Way arts commission hereinafter referred to as the arts commission. (Ord. No. 91-84, § 1(A), 1-15-91)

2-57 Purpose.

The purpose of the arts commission shall consist primarily of advising the city council and staff of the improvement and furtherance of all artistic and cultural activities within the city. (Ord. No. 91-84, § 1(B), 1-15-91)

2-58 Membership.

(a) The arts commission shall consist of nine members appointed by the city council.

(b) The arts commission shall serve without compensation.

(c) Each member of the arts commission shall serve a term of three years. The city council shall annually appoint new members to fill the expiring terms on the arts commission. If, for any reason, a vacancy occurs during the terms of an arts commission member, the city council shall appoint a new member to fill the unexpired term of that member. The city council may remove an arts commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. All members of the arts commission shall serve until their successors are duly appointed by city council.

(d) Persons appointed to serve on the arts commission shall reside within the corporate limits of the city during the members’ term.

(e) To the extent practicable, appointments to the arts commission shall reflect a balance of interests in fine and performing arts and preservation of cultural heritage. (Ord. No. 91-84, § 1(D), 1-15-91; Ord. No. 97-285, § 1, 1-7-97; Ord. No. 01-409, § 1, 12-18-01)

2-59 Officers – Staff – Operation.

The arts commission shall elect its officers, including a chair and vice chair and such other officers, as it may deem necessary. Such officers shall occupy their respective offices for a period of one year. The city manager shall appoint appropriate staff to assist the arts commission in the preparation of its reports and records as are necessary for the operation of the arts commission. The arts commission shall operate in accordance with its duly adopted bylaws. (Ord. No. 91-84, § 1(E), 1-15-91)

2-60 Responsibilities.

The arts commission shall have the following responsibilities:

(1) To hold regular public meetings at least once a month and to keep a written record of its proceedings which shall be a public record all in accordance with state law;

(2) To develop cooperation and coordination with the schools and local, regional and national art organizations;

(3) To initiate, sponsor and conduct with city staff programs calculated to further public awareness of and interest in fine and performing arts or the cultural heritage of the city. The arts commission may develop these programs alone or in cooperation with any other private, civic or public body of the city, county, state or federal government;

(4) To explore ways and methods to obtain private, local, state and federal funds to promote art projects in the city;

(5) To advise the city council and staff on the receipt of or purchase of works of art to be placed on municipal property;

(6) To advise and assist the city council and staff in connection with such other artistic and heritage activities as may be referred to it by the city; and

(7) To submit an annual report in December to the city council on the state of the arts in the city. (Ord. No. 91-84, § 1(C), 1-15-91)

2-61 – 2-70 Reserved.

Division 3. Human Services Commission

2-71 Created.

The human services commission is hereby created. The commission shall serve in an advisory capacity to the city council and city manager. (Ord. No. 90-72, § 1(A), 8-7-90)

2-72 Qualifications – Terms.

(a) The human services commission shall consist of nine members appointed by the city council.

(b) The human services commission shall serve without compensation.

(c) Each member shall serve a term of three years. The city council shall annually appoint new members to fill the expiring terms on the human services commission. If, for any reason, a vacancy occurs during the term of a human services commission member, the city council shall appoint a new member to fill the unexpired term of that member. The city council may remove a human services commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. All members of the human services commission shall serve until their successors are duly appointed by city council.

(d) Persons appointed to service on the human services commission shall reside within the corporate limits of the city.

(e) To the extent practicable, appointments shall reflect a balance of human service delivery interests in the community. (Ord. No. 90-72, § 1(B), 8-7-90; Ord. No. 96-281, § 1, 12-3-96)

2-73 Organization and meetings.

The human services commission shall elect a chair and vice chair from among its voting members. Such officers shall hold office for one year. The city manager shall appoint appropriate staff to assist the human services commission in the preparation of such reports and records as are necessary for the proper operation of the commission. The human services commission shall meet upon call of the chair, as necessary, in accordance with the bylaws for the commission. (Ord. No. 90-72, § 1(C), 8-7-90)

2-74 Duties and responsibilities.

The human services commission shall make reports and recommendations to the city council and city manager concerning human services issues including:

(1) Development and assessment of human services in the city.

(2) Determination of priorities of human service needs within the city.

(3) Evaluation and recommendation on funding requests submitted to the city.

(4) Evaluation and review of the performance of individual human service organizations and agencies.

(5) Review of city actions which may affect the availability and quality of human service provision in the city.

(6) Coordination with other groups and human services planning agencies and organizations, such as the United Way and the South King Council of Human Services. (Ord. No. 90-72, § 1(D), 8-7-90)

2-75 – 2-77 Reserved.

Division 4. Youth Commission

2-78 Created.

There is hereby created and established a Federal Way youth commission in and for the city. (Ord. No. 92-139, § 1(A), 6-2-92)

2-79 Purpose.

The youth commission shall serve as an advisory body to the city council, other city boards, commissions and city staff on issues such as youth programs, recreational activities, dance clubs and other issues of importance to youth. (Ord. No. 92-139, § 1(B), 6-2-92)

2-80 Goals.

The youth commission shall promote leadership skills and the communication of ideas of youth. The youth commission’s goals shall be to:

(1) Find solutions for local youth problems and report these to the city council.

(2) Provide community youth with an outlet for expressing interests and opinions.

(3) Make the public aware of the youth commission and its program.

(4) Recognize outstanding youth in the community by proclaiming one week in April “Youth Recognition Week” which shall culminate in an annual awards ceremony with presentations from the mayor and council.

(5) Suggest ways to improve the quality of life for young people. (Ord. No. 92-139, § 1(C), 6-2-92)

2-81 Membership.

(a) The youth commission may consist of 13 members appointed by the city council.

(b) The commission shall serve without compensation.

(c) Each member shall serve a term of two years, except for persons appointed during their senior year at a Federal Way High School, which persons shall serve a term of one year. The city council shall annually appoint new members to fill the expiring terms on the youth commission. If, for any reason, a vacancy occurs during the term of a youth commission member, the city council shall appoint a new member to fill the unexpired term of that youth commission member. The city council may remove a youth commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of the city council. All members of the youth commission shall serve until their successors are duly appointed by the city council.

(d) Persons appointed to serve on the commission shall reside within the Federal Way School District boundaries during the members’ terms.

(e) The city council will select commission members representing a diverse cross-section of the service schools. Three commissioners may be chosen from the service areas of Federal Way High School, Decatur High School, and Thomas Jefferson High School. Two members may be selected from Harry S. Truman High School, and two members may be selected from Contract Based Education. Sophomores, juniors and seniors at a Federal Way high school, or ninth graders who will attend a Federal Way high school in the second year of appointment, are eligible.

(f) Terms of office run from September 1st to August 31st. (Ord. No. 92-139, § 1(E), 6-2-92; Ord. No. 92-157, § 1, 12-1-92; Ord. No. 96-282, § 1, 12-3-96)

2-82 Responsibilities.

The youth commission shall have the responsibility to:

(1) Hold regular public meetings at least once a month, pursuant to a regular agenda, and to keep a written record of its proceedings which shall be a public record, all in accordance with state law;

(2) Serve as advisors to the council and the council’s various boards, commissions and task forces;

(3) Adopt bylaws for the regular operation of the commission; and

(4) Provide outreach to the community in an effort to place youth issues before our citizens in a positive manner. (Ord. No. 92-139, § 1(D), 6-2-92)

2-83 Staff support.

The city manager shall appoint appropriate staff as he or she deems appropriate to assist the youth commission in the preparation of its reports and records as are necessary for the operation of the commission. (Ord. No. 92-139, § 1(F), 6-2-92)

2-84 – 2-86 Reserved.

Division 5. Diversity Commission

2-87 Created.

The Federal Way diversity commission is hereby created and established for the city. (Ord. No. 92-141, § 1(A), 6-2-92)

2-88 Purpose.

The purpose of the diversity commission is to advise the city council and city staff on policy matters to ensure all members of our diverse community are part of the decision equation. (Ord. No. 92-141, § 1(B), 6-2-92; Ord. No. 94-216, § 1, 7-19-94)

2-89 Membership.

(a) The diversity commission shall consist of nine members appointed by the city council.

(b) The diversity commission shall serve without compensation.

(c) Each member shall serve a term of three years. The city council shall annually appoint new members to fill the expiring terms on the diversity commission. If, for any reason, a vacancy occurs during the term of a diversity commission member, the city council shall appoint a new member to fill the unexpired term of that member. The city council may remove a diversity commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. All members of the diversity commission shall serve until their successors are duly appointed by city council.

(d) Persons appointed to serve on the commission shall reside within the Federal Way School District during the members’ terms.

(e) To the extent practicable, appointments shall reflect the diversity of all of the city. (Ord. No. 92-141, § 1(E), 6-2-92; Ord. No. 93-203, § 1, 12-21-93; Ord. No. 96-283, § 1, 12-3-96; Ord. No. 06-531, § 1, 9-5-06)

2-90 Responsibilities and objectives.

The diversity commission shall have the responsibility to pursue the following tasks in the following order of priority:

(1) To provide a forum that will encourage input from our culturally diverse citizen group for reviewing and establishing our city’s vision.

(2) To advocate and assist in development of a continuing educational program for council and staff that will lead to a greater understanding of the value of a diverse community to the governance process.

(3) To provide outreach to the community in an effort to place the issue of diversity before our citizens in a positive manner.

(4) To advise the staff on strategies to be used in recruiting, hiring and training a diverse work force for the community.

(5) To identify obstacles that impede access to city government for all of our community’s diverse members.

(6) To provide for the recruitment, review and recommendation of culturally diverse members for consideration of appointment to the council’s various boards, commissions, and task forces.

(7) To hold regular public meetings at least once a month and to keep a written record of its proceedings which shall be a public record, all in accordance with Washington State law. (Ord. No. 92-141, § 1(C), 6-2-92; Ord. No. 94-216, § 2, 7-19-94)

2-91 Officers.

The city diversity commission shall elect its officers, including a chair and vice chair and such other officers as it may deem necessary. Such officers shall occupy their respective offices for a period of one year. The city manager shall appoint appropriate staff as he or she deems appropriate to assist the commission in the preparation of its reports and records as are necessary for the operation of the commission. The commission shall operate in accordance with its duly adopted bylaws. (Ord. No. 92-141, § 1(F), 6-2-92)

Division 6. Disability Board

2-92 Creation of disability board.

Pursuant to the authority of Chapter 41.26 RCW, there is created a Federal Way disability board (“board”) having jurisdiction over members of Plan I of the law enforcement officers’ and fire fighters’ retirement system. (Ord. No. 95-253, § 1, 12-5-95)

2-93 Functions of the board.

The board shall perform all functions, exercise all powers, and make all determinations as may be specified in Chapter 41.26 RCW and as the same may be amended from time to time. The board is authorized to promulgate rules and regulations to aid the administration of matters presented to the board. Such rules and regulations shall be reduced to writing and a copy thereof shall be filed with the city clerk for examination by the public. (Ord. No. 95-253, § 1, 12-5-95)

2-94 Membership.

(a) Appointment. Board members are to be appointed or elected as provided by RCW 41.26.110, and this chapter. The board shall consist of five voting members as follows:

(1) Two members from the Federal Way city council to be appointed by the mayor, subject to approval by the Federal Way city council;

(2) One law enforcement officer; and

(3) Two members from the public at large who have been a resident of the city for at least one year immediately preceding such appointment, and who are electors of the county in which they reside, to be appointed by the other three members appointed pursuant to subsections (a)(1) and (2) of this section.

(4) In addition to the voting members, the city manager may serve, or he may appoint an employee of the city to serve, as an ex officio member without authority to vote. The ex officio member shall serve at the will of the city manager.

(5) The board shall elect from its membership a chair who shall serve a one-year term.

(b) Compensation. The board members shall receive no compensation for their service, but shall be reimbursed for all reasonable expenses incidental to such service in the manner and amount provided for employees of the city. (Ord. No. 95-253, § 1, 12-5-95)

2-95 Term – Vacancies.

All members of the board shall serve for a two-year term with the exception of the law enforcement member who, on the first term, shall serve for one year only. Vacancies shall be filled for the unexpired terms of a member whose death, resignation, or removal creates a vacancy. Each member shall hold office until a successor is appointed or elected. (Ord. No. 95-253, § 1, 12-5-95)

Division 7. Lodging Tax Advisory Committee

2-95.1 Creation.

There is hereby created a city lodging tax advisory committee, to serve the functions prescribed in Chapter 67.28 RCW. (Ord. No. 98-322, § 1, 11-17-98)

2-95.2 Membership.

The membership of the lodging tax advisory committee shall be appointed by the city council and shall consist of at least five members: one member shall be an elected official of the city who shall serve as the chair; at least two members shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by revenue received from the tax. The number of members who are representatives of businesses required to collect tax under this chapter shall equal the number of members who are involved in activities authorized to be funded by revenue received under this chapter. (Ord. No. 98-322, § 2, 11-17-98; Ord. No. 04-477, § 1, 12-21-04)

2-95.3 Term of office.

All members of the committee shall serve a two-year term, except that the initial committee shall have one member representing the lodging industry and one member representing organizations receiving the funds serve a one-year term in order to establish a staggered term of the office. (Ord. No. 98-322, § 3, 11-17-98)

2-95.4 Voting – Dissenting and concurring comments.

Each member of the committee, including the chair, shall be entitled to one vote on committee joint comments and recommendations to the council. Individual dissenting or concurring comments may also be forwarded to the council. (Ord. No. 98-322, § 4, 11-17-98)

2-95.5 Changes to membership.

The council may review the membership of the committee annually, and make such changes as the council may deem appropriate. The total number of members may be increased or decreased at the time of the annual review, by motion of the council duly adopted, but the number of members shall not be less than five. (Ord. No. 98-322, § 5, 11-17-98)

2-95.6 Submissions to the committee.

The city council shall submit to the lodging tax advisory committee, for its review and comment proposals on:

(1) The imposition of a tax pursuant to Chapter 67.28 RCW;

(2) Any increase in the rate of such a tax;

(3) Repeal of an exemption from such a tax; or

(4) A change in the use of the revenue received from such a tax.

The city council shall submit such proposals to the committee at least 45 days before taking final action on any such proposal. Comments by the committee should include an analysis of the extent to which the proposal will accommodate for tourists or increase tourism, and the extent to which the proposal will affect the long-range stability of the special fund created for the lodging tax revenues. The recommendation by the committee to the city council shall be a nonbinding recommendation. (Ord. No. 98-322, § 6, 11-17-98)

2-95.7 Comments – Members entitled to one vote – Dissenting or concurring comments forwarded to council.

The committee may establish administrative procedures for the conduct of meetings, voting, review, analysis, and preparation of comments. Each member of the committee, including the chair, shall be entitled to one vote on the committee joint comments and recommendations to the council. Individual dissenting or concurring comments may also be forwarded to the council. (Ord. No. 98-322, § 7, 11-17-98)

Division 8. Independent Salary Commission

2-95.8 Created.

There is hereby established a Federal Way independent salary commission hereinafter referred to as the independent salary commission. (Ord. No. 03-439, § 3(i), 3-18-03)

2-95.9 Purpose.

The purpose of the independent salary commission shall be to review and establish the salaries of the mayor and the councilmembers. (Ord. No. 03-439, § 3(ii), 3-18-03)

2-95.10 Membership.

(a) The independent salary commission shall consist of five members appointed by the mayor and approved by the city council.

(b) The independent salary commission shall serve without compensation.

(c) Each member of the independent salary commission shall serve a term of four years, except that the first five commission members shall be appointed for different terms, as follows: one member to serve for a period of one year, one member to serve for a period of two years, one member to serve for a period of three years, and two members to serve for a period of four years. The mayor, with the approval of the city council, may appoint alternate independent salary commission members as the need arises. The city council shall annually appoint new members in March to fill the expiring terms on the independent salary commission.

(d) No member may be appointed to more than two terms on the independent salary commission whether or not those terms are held consecutively.

(e) If, for any reason, a vacancy occurs during the term of an independent salary commission member, the mayor shall appoint, with the approval of the city council, a new member to fill the unexpired term of that member.

(f) The city council may remove an independent salary commission member at any time for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence.

(g) All members of the independent salary commission shall serve until their successors are duly appointed by the mayor and approved by the city council. (Ord. No. 03-439, § 3(iii), 3-18-03)

2-95.11 Qualifications.

(a) No person shall be appointed to serve as a member or alternate member of the independent salary commission unless that person is a citizen of the United States, a resident of the city for at least one year immediately preceding such appointment, and an elector of the country in which the member resides.

(b) No city officer, official, or employee of the city or any of their immediate family members may serve on the commission. “Immediate family member,” as used in this section, means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee. (Ord. No. 03-439, § 3(iv), 3-18-03)

2-95.12 Operation.

(a) The independent salary commission shall elect a chair and vice chair from among its voting members. Such officers shall hold office for two years. The independent salary commission may from time to time establish and publish rules of procedure for the efficient and fair conduct of its business, consistent with state law and city ordinance.

(b) The city manager shall appoint appropriate staff to assist the independent salary commission in preparation of its reports and records as are necessary for the proper operation of the commission.

(c) The independent salary commission shall keep a written record of its proceedings, which shall be a public record all in accordance with state law, and shall actively solicit public comment at all meetings which shall be subject to the Open Public Meetings Act pursuant to Chapter 42.30 RCW.

(d) The independent salary commission shall meet at least once in 2003 and in each even year thereafter to consider whether or not to review and/or adjust existing salaries. This meeting shall occur no later than April 30th, in any given year, and the commission shall review and, if it so determines, amend and file its schedule of salaries with the city clerk no later than May 31st. If necessary, the commission will also meet upon any other call by the chair, the mayor or by the majority vote of the city council.

(e) Three members shall constitute a quorum, and the votes of three members shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the independent salary commission. (Ord. No. 03-439, § 3(v), 3-18-03)

2-95.13 Responsibilities.

The independent salary commission shall have the following responsibilities:

(1) To study the relationship of salaries to the duties of the mayor and the city councilmembers and to establish a salary by either increasing or decreasing the existing salary for each position by an affirmative vote of not less than three members;

(2) To review and file its salary schedules not later than May 31, 2003, and every even year thereafter;

(3) To submit each salary schedule to the city clerk, who will publish the complete schedule two times, at least one week apart. The second publication date will be the official filing date. The schedule will become effective 30 days after this date. (Ord. No. 03-439, § 3(vi), 3-18-03)

2-95.14 Effective date – Salaries.

The commission’s established or amended salary schedule will become effective in the amounts, at the times, and under the conditions established in the schedule. Once filed, the schedule shall be incorporated into the city budget without further action of the city council or salary commission. Salary increases established by the commission shall be effective as to the mayor and all city councilmembers regardless of their terms of office. Salary decreases established by the commission shall become effective as to incumbents at the commencement of their next subsequent terms of office. Existing salaries for the mayor and councilmembers established by city ordinance and/or city budget shall remain in effect unless and until changed in accordance with the provisions of this chapter. The terms and conditions of the commission’s adopted salary schedule will remain in effect until amended under the terms and conditions of a new salary schedule filed in accordance with this chapter. (Ord. No. 03-439, § 3(vii), 3-18-03)

2-95.15 Salary schedule subject to referendum petition.

(a) The commission’s adopted salary schedule shall be subject to referendum petition by the people of the city in the same manner as a city ordinance upon filing of such petition with the city clerk within 30 days after the official filing date of the salary schedule. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by vote of the people.

(b) Referendum measures under this section shall be submitted to the voters of the city at the next following general or municipal election occurring 30 days or more after the petition is filed and shall be otherwise governed by the provisions of the State Constitution or other laws generally applicable to referendum measures. (Ord. No. 03-439, § 3(viii), 3-18-03)

Article IV.
OFFICIALS, OFFICERS AND EMPLOYEES

Sections:

Division 1. Generally

2-96 Organization – Personnel policies, procedures and benefit programs.

2-97 – 2-105 Reserved.

Division 2. Indemnification

2-106 Definitions.

2-107 Legal representation.

2-108 Exclusions.

2-109 Determination of exclusion.

2-110 Representation and payment of claims – Conditions.

2-111 Effect of compliance with conditions.

2-112 Failure to comply with conditions.

2-113 Reimbursement of incurred expenses.

2-114 Conflict with provisions of insurance policies.

2-115 Claims.

2-116 – 2-125 Reserved.

Division 3. Travel Policy and Procedure

2-126 Request for advance.

2-127 Repayment or itemization of expenses.

2-128 City right to impose lien, withhold payments.

2-129 Uses specified.

2-130 Reimbursement for travel expenses.

2-131 False certificates – Perjury.

2-132 False certificates – Approval – Payment.

Division 4. Public Safety Department

2-133 Establishment.

2-134 Governing body.

2-135 Appointment of director of public safety.

2-136 Appointment of deputy director(s) of public safety.

2-137 Administrative authority.

2-138 Oath required.

2-139 Limited commission officers.

2-140 – 2-155 Reserved.

Division 1. Generally

2-96 Organization – Personnel policies, procedures and benefit programs.

The offices created and all personnel policies, procedures and benefit programs are not printed in this Code, but are on file in the city clerk’s office.

2-97 – 2-105 Reserved.

Division 2. Indemnification

2-106 Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Employee shall mean any person who is or has been employed by the city.

Official shall mean any person who is serving or has served as an elected or appointed city official or officer, and any person who is serving or has served as an appointed member of any city board, commission, committee or other appointed position with the city. The term “appointed” as used herein shall mean a person formally appointed by the city council or as authorized by state law or city ordinance. (Ord. No. 89-5, § 1(2.25.010), 11-28-89)

2-107 Legal representation.

(a) As a condition of service or employment the city shall provide to an official or employee, subject to the conditions and requirements of this division, and notwithstanding the fact that such official or employee may have concluded service or employment with the city, such legal representation as may be reasonably necessary to defend a claim or lawsuit filed against such official or employee resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the city in their capacity as a city official or employee, which act or omission is within the scope of their service or employment with the city. This division is subject to repeal or modification at the sole discretion of the city council; provided, that such repeal or modification shall apply prospectively only, and shall have no effect upon the obligation to indemnify and/or defend against any claim which is based, in whole or in part, upon any act or omission of an official occurring prior to the effective date of the repeal or modification.

(b) The legal services shall be provided by the office of the city attorney unless:

(1) Any provision of an applicable policy of insurance provides otherwise; or

(2) A conflict of interest or ethical bar exists with respect to such representation.

(c) In the event that outside counsel is retained under subsection (b)(1) of this section, the city shall indemnify the employee from the reasonable costs of defense; provided, that in no event shall the officer or employee be indemnified for attorney’s fees in excess of the hourly rates established by the city’s contract with the attorney selected by the city. The officer or employee shall be liable for all hourly charges in excess of such rate. (Ord. No. 89-5, § 1(2.25.020), 11-28-89)

2-108 Exclusions.

(a) In no event shall protection be offered under this division by the city to:

(1) Any dishonest, fraudulent, criminal, wilful, intentional or malicious act or course of conduct of an official or employee;

(2) Any act or course of conduct of an official or employee which is not performed on behalf of the city;

(3) Any act or course of conduct which is outside the scope of an official’s or employee’s service or employment with the city; or

(4) Any lawsuit brought against an official or employee by or on behalf of the city.

(b) Nothing in this section shall be construed to waive or impair the right of the city council to institute suit or counterclaim against any official or employee nor to limit its ability to discipline or terminate an employee.

(c) The provisions of this division shall have no force or effect with respect to any accident, occurrence or circumstance for which the city or the official or employee is insured against loss or damages under the terms of any valid insurance policy; provided, that this division shall provide protection, subject to its terms and limitations, above any loss limit of such policy. The provisions of this division are intended to be secondary to any contract or policy of insurance owned or applicable to any official or employee. The city shall have the right to require an employee to utilize any such policy protection prior to requesting the protection afforded by this division. (Ord. No. 89-5, § 1(2.25.030), 11-28-89)

2-109 Determination of exclusion.

The determination of whether an official or employee shall be afforded a defense by the city under the terms of this division shall be made by the city council on the recommendation of the city manager. The decision of the city council shall be final as a legislative determination and shall be based upon a finding that the claim or suit against an official or employee meets or does not meet the criteria of this division. Nothing in this section shall preclude the city from undertaking an officer or employee’s defense under a reservation of rights. The determination as to whether to furnish a defense as provided under this division to a member or members of the city council shall be made without the vote of such member of the city council unless the inclusion of such member or members is required for a quorum; provided, that if a claim or lawsuit affects a quorum or greater number of the members of the city council, all such affected members shall retain their voting privileges under this section. (Ord. No. 89-5, § 1(2.25.040), 11-28-89)

2-110 Representation and payment of claims – Conditions.

The provisions of this division shall apply only when the following conditions are met:

(1) In the event of any incident or course of conduct potentially giving rise to a claim for damage, or the commencement of a suit, the official or employee involved shall, as soon as practicable, give the city attorney written notice thereof, identifying the official or employee involved, all information known to the official or employee involved, all information known to the official or employee with respect to the date, time, place and circumstances surrounding the incident or conduct giving rise to the claim or lawsuit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses.

(2) Upon receipt thereof, the official or employee shall forthwith deliver any claim, demand, notice or summons or other process relating to any such incident or conduct to the city attorney, and shall cooperate with the city attorney or an attorney designated by the city, and, upon request, assist in making settlement of any suit and enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the city because of any damage or claim of loss arising from such incident or course of conduct, including, but not limited to, rights of recovery for costs and attorneys’ fees arising out of state or federal statute upon a determination that the suit brought is frivolous in nature.

(3) Such official or employee shall attend interviews, depositions, hearings and trials and shall assist in securing and giving evidence and obtaining attendance of witnesses all without any additional compensation to the official or employee and, if an employee has left the employ of the city, no fee or compensation shall be provided.

(4) Such official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense relating to such claim or suit; other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss or damage. (Ord. No. 89-5, § 1(2.25.050), 11-28-89)

2-111 Effect of compliance with conditions.

If legal representation of an official or employee is undertaken by the city attorney, all of the conditions of representation are met, and a judgment is entered against the official or employee, or a settlement made, the city shall pay such judgment or settlement not otherwise covered by insurance; provided, that the city may at its discretion appeal as necessary such judgment. (Ord. No. 89-5, § 1(2.25.060), 11-28-89)

2-112 Failure to comply with conditions.

If any official or employee fails or refuses to comply with any of the conditions of FWCC 2-109, or elects to provide his or her own representation with respect to any such claim or litigation, all of the provisions for indemnification in this division shall be inapplicable, and have no force or effect with respect to any such claim or litigation. (Ord. No. 89-5, § 1(2.25.070), 11-28-89)

2-113 Reimbursement of incurred expenses.

(a) If the city determines that an official or employee does not come within the provisions of this division, and a court of competent jurisdiction later determines that such claim does come within the provisions of this division, the city shall pay any judgment rendered against the official or employee and reasonable attorney’s fees incurred in defending against the claim. The city shall pay any costs and reasonable attorney’s fees incurred in obtaining the determination that such claim is covered by the provisions of this division. Provided, if a court of competent jurisdiction determines that such claim does not come within the provisions of this division, the official or employee shall pay the city’s costs and reasonable attorney’s fees incurred in obtaining the determination that such claim is not covered under the provisions of this division.

(b) If the city determines that a claim against a city official or employee does come within the provisions of this division, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this division, the city shall be reimbursed for costs or expenses incurred in obtaining the determination that such claim is not covered by the provisions of this division. (Ord. No. 89-5, § 1(2.25.080), 11-28-89)

2-114 Conflict with provisions of insurance policies.

The indemnification provisions of this division do not constitute a policy of insurance, and nothing contained in this division shall be construed to modify or amend any provision of any policy of insurance where any city official or employee thereof is the named insured. In the event of any conflict between this division and the provisions of any such policy of insurance, the policy provisions shall be controlling; provided however, that nothing contained in this section shall be deemed to limit or restrict any employee’s or official’s right to full coverage pursuant to this division, it being the intent of this division and section to provide the coverage detailed in this division only outside and beyond insurance policies which may be in effect, while not compromising the terms and conditions of such policies by any conflicting provision contained in this division. (Ord. No. 89-5, § 1(2.25.090), 11-28-89)

2-115 Claims.

The provisions of this division shall apply to any claim or lawsuit against an official or employee pending on November 28, 1989, without regard to the date of the events or circumstances which are the basis of such claim or lawsuit. (Ord. No. 89-5, § 1(2.25.100), 11-28-89)

2-116 – 2-125 Reserved.

Division 3. Travel Policy and Procedure

2-126 Request for advance.

(a) Requests for advances shall be reasonable estimates of the travel expense requirements of the applicant and shall include the following information which shall be certified pursuant to RCW 42.24.100:

(1) Date of request;

(2) Name of applicant;

(3) Destination;

(4) Purpose of travel;

(5) Anticipated departure and return dates;

(6) Amount requested;

(7) Signature of applicant.

The request shall include the official approval of the trip by the department head. The check number, amount and date shall be provided by the custodian when advance is made.

(b) Approved requests will be retained in the files of the custodian to support such advances until final settlement is made and claim for reimbursement has been submitted. (Ord. No. 90-25, § 6(B), 2-13-90)

2-127 Repayment or itemization of expenses.

On or before the tenth day following the close of the authorized travel period for which expenses have been advanced to any officer or employee, such officer or employee shall submit to the appropriate official a fully itemized travel expense voucher for all reimbursable items legally expended, accompanied by the unexpended portion of such advance, if any. Any advance made for this purpose or any portion thereof not repaid or accounted for in the time and manner specified in this division shall bear interest at the rate of 10 percent per year from the date of default until paid. (Ord. No. 90-25, § 6(C), 2-13-90)

2-128 City right to impose lien, withhold payments.

To protect the city from any losses on account of advances made as provided in this division, the city shall have a prior lien against and a right to withhold any and all funds payable or to become payable by the city to an officer or employee to whom such an advance has been given up to the amount of such advance and interest at the rate of ten percent per year, or the maximum permitted by law, whichever is the greater, until such time as repayment or justification has been made. No advance of any kind shall be made to any officer or employee at any time when he or she is delinquent in accounting for or repaying a prior advance. (Ord. No. 90-25, § 6(D), 2-13-90)

2-129 Uses specified.

Any advance made under the authority of this division shall be considered as having been made to the officer or employee, to be expended by him or her as an agent of the city for the city’s purposes only, and specifically to defray necessary costs while performing such official’s or employee’s official duties. No such advance shall be considered as a personal loan to such officer or employee, and any expenditure thereof, other than for official business purposes, shall be considered a misappropriation of public funds. (Ord. No. 90-25, § 6(E), 2-13-90)

2-130 Reimbursement for travel expenses.

(a) No claim for reimbursement of any expenditures by officers or employees of the city for transportation, lodging, meals or any other purpose shall be allowed by the auditing officer unless the same shall be presented in a detailed account; provided, that this section shall not preclude reimbursement to officers or employees for the use of their personal automobiles or other transportation equipment in connection with officially assigned duties and other travel for approved public purposes, or as reimbursed to such officers or employees in lieu of actual expenses incurred for lodging, meals or other purposes, where the amounts or rates therefor have been or may hereafter be fixed by ordinance or resolution. The rates for such reimbursement may be computed on a mileage, hourly, per day or other basis as the city council may determine to be proper in each instance.

(b) All claims for reimbursement authorized under this section shall be duly certified by the officer or employee submitting such claims on forms and in the manner prescribed by the division of municipal corporations in the office of the state auditor. (Ord. No. 90-25, § 7(A), (B), 2-13-90)

2-131 False certificates – Perjury.

The certificates required by this division need not be sworn, but any person certifying a claim or making a claim knowing the same to be false or untrue shall be guilty of perjury in the second degree. (Ord. No. 90-25, § 7(C), 2-13-90)

2-132 False certificates – Approval – Payment.

Any person who knowingly approves or pays or causes to be approved or paid a false or untrue claim is guilty of a gross misdemeanor and, in addition, shall be civilly liable on any bond to the city for the amount so paid or $1,000, whichever is the greater. (Ord. No. 90-25, § 7(D), 2-13-90)

Division 4. Public Safety Department

2-133 Establishment.

There is established a city department known as the Federal Way public safety department (“department”), whose duties and responsibilities shall include the protection of all persons and property located within the geographical boundaries of the city, as now existing or as hereinafter created by annexation or incorporation, and including those areas covered by mutual aid agreements and interlocal agreements which services may include, without limitation, police services, energy services, public safety dispatch information systems, public safety education, enforcement of penal and other code enforcement as may be directed by the city manager. (Ord. No. 95-252, § 1, 12-5-95)

2-134 Governing body.

The policy-making body for the city shall be the Federal Way city council, whose functions include, without limitation, furnishing funds and setting policy for each of the city departments including the department. (Ord. No. 95-252, § 2, 12-5-95)

2-135 Appointment of director of public safety.

A director of the department (“director”) shall be appointed by the city manager. The position of director shall be exempt from the civil service system. In addition to such other duties as may be delegated to the director from time to time by the city manager, the director shall act as the police chief for the city. (Ord. No. 95-252, § 3, 12-5-95)

2-136 Appointment of deputy director(s) of public safety.

One or more deputy directors of the department (“deputy director”) shall be appointed by the director. The deputy director(s) shall perform such duties as required by, and be directly accountable to, the director. The position(s) of deputy director shall be exempt from the civil service system. (Ord. No. 95-252, § 4, 12-5-95; Ord. No. 98-318, § 1, 7-21-98)

2-137 Administrative authority.

The director shall be in direct charge of the department and shall be responsible for all aspects of department operations and police services delivery. The director shall perform such duties as required by, and be directly accountable to, the city manager. (Ord. No. 95-252, § 5, 12-5-95; Ord. No. 98-318, § 1, 7-21-98)

2-138 Oath required.

Prior to entering upon the performance of the duties of the office, the director shall be required to take an oath for the faithful performance of the official duties. (Ord. No. 95-252, § 6, 12-5-95)

2-139 Limited commission officers.

Police support officers shall have the limited authority to:

(1) Impound unauthorized vehicles pursuant to RCW 46.55.010(13) as currently codified or hereafter amended, and pursuant to any ordinance adopted under RCW 46.55.113;

(2) Issue civil infractions as set forth in Chapter 7.80 RCW, IRLJ 1.2(j), 2.2(b) and 2.2(c) as currently codified or hereafter amended;

(3) Arrest prisoners and/or suspects who escape while being transported by police support officers; and

(4) Investigate and assist in traffic accidents. (Ord. No. 01-392, § 1, 6-19-01)

2-140 – 2-155 Reserved.

Article V.
CLAIMS AGAINST THE CITY

Sections:

2-156 Notice of claim.

2-157 Distribution, review of claim.

2-158 Statute of limitations.

2-159 – 2-180 Reserved.

2-156 Notice of claim.

No action for monetary damages against the city shall be commenced until a written claim for damages has been properly presented and filed with the city clerk’s office on a form provided by the clerk. The claim must specify the name of the claimant, the claimant’s address, the date and location of the claimed loss, any alleged act or omission on the part of the city and the basis upon which liability is being asserted against the city, any known witnesses, the nature and extent of the injury or damage sustained, and the amount being claimed. All claims must be signed by the claimant and notarized prior to filing. (Ord. No. 91-88, § 2, 2-19-91)

2-157 Distribution, review of claim.

Once the claim is properly filed with the city clerk, it shall be distributed to the finance director, appropriate department directors and the city attorney. As necessary, the finance director shall coordinate further distribution and review. (Ord. No. 91-88, § 3, 2-19-91)

2-158 Statute of limitations.

A lawsuit based upon the allegations of a claim for damages may not be instituted against the city within 60 days of the filing of such claim, unless the applicable statute of limitations will expire within that period of time. The requirements of this section shall not affect in any manner the commencement and running of any applicable statute of limitations. (Ord. No. 91-88, § 4, 2-19-91)

2-159 – 2-180 Reserved.

Article VI.
APPEAL PROCEDURE

Sections:

2-181 Definition.

2-182 General appeals.

2-183 – 2-200 Reserved.

2-181 Definition.

For purposes of this article, the phrase “final action” shall mean approval and adoption of formal findings and conclusions where such are required or the issuance of the final administrative opinion or determination where findings and conclusions are not required. (Ord. No. 89-13, § 1, 12-19-89)

2-182 General appeals.

In the absence of a specific provision in state statutes or in an applicable city ordinance or this Code establishing an appeal period from any final action of the city council, a hearing examiner, any board, any commission, etc., or an administrative official for which there is no further right of administrative appeal, a writ or other appropriate appeal action must be filed with the court having jurisdiction over the matter within 14 days of the date of the final action or decision being appealed from. (Ord. No. 89-13, § 1, 12-19-89)

2-183 – 2-200 Reserved.

Article VII.
INITIATIVE AND REFERENDUM POWERS²

Sections:

2-201 Intent.

2-202 Ordinances not subject to initiative and referendum.

2-203 Initiative petitions.

2-204 Initiative procedure by city clerk and city attorney.

2-205 Initiative statement.

2-206 Time for filing initiative petition.

2-207 Initiative petition requirements.

2-208 Form of petitions for ordinances referred to the voters.

2-209 Process of determining sufficiency.

2-210 Withdrawal of signature.

2-211 Valid signatures.

2-212 Variations of signatures.

2-213 Stricken signatures.

2-214 Stale signatures.

2-215 Initiative petition – Checking by clerk.

2-216 Initiative petition – Council action.

2-217 Initiative petition – Appeal to court.

2-218 Initiative – Conduct of election.

2-219 Initiative – Notice of election.

2-220 Initiative – Ballots generally.

2-221 Initiative – Ballot title.

2-222 Initiative – Effective date – Record.

2-223 Initiative – Repeal or amendment.

2-224 Initiative – Repeal or amendment method.

2-225 Initiative – Repeal or amendment record.

2-226 Referendum petitions.

2-227 Referendum statement.

2-228 Referendum filing suspends ordinance.

2-229 Initiative provisions applied to referendum process.

2-230 Referendum – Effective date – Record.

2-231 Restriction on or abandonment of powers.

2-232 Ordinance restricting or abandoning powers – After election.

2-233 – 2-250 Reserved.

2-201 Intent.

It is the intent of the city council to adopt, pursuant to RCW Title 35A, the powers of initiative and referendum for the qualified electors of the city of Federal Way. If an initiative measure is properly presented to the council, the council hereby declares its intention to reserve the authority to also submit a different measure dealing with the same subject as the initiative to the qualified electors for approval or rejection at the same election. (Ord. No. 92-150, § 1(1.14.010), 9-22-92)

2-202 Ordinances not subject to initiative and referendum.

Any and all ordinances hereafter passed and adopted by the city of Federal Way shall not go into effect prior to 30 days from the time of final passage and the same shall be subject to referendum during the interim except the following ordinances:

(1) Ordinances initiated by petition;

(2) Ordinances necessary for immediate preservation of public peace, health and safety, or for the support of city government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the council;

(3) Ordinances providing for local improvement districts;

(4) Ordinances appropriating money;

(5) Ordinances providing for or approving collective bargaining;

(6) Ordinances providing for the compensation of or working conditions of a city employee;

(7) Ordinances authorizing or repealing the levy of taxes;

(8) Ordinances adopting, amending or repealing the Federal Way comprehensive plan or zoning code map or text or any portions thereof;

(9) Any ordinance exempted now or hereafter by state law from initiative and referendum processes; and all such excepted ordinances shall go into effect as provided by the general law or applicable sections of RCW Title 35A as now or hereafter amended. (Ord. No. 92-150, § 1(1.14.020), 9-22-92)

2-203 Initiative petitions.

Ordinances may be initiated by petitions of electors of the city. If any individual, or group of individuals, desires to petition the council to enact a proposed measure, that individual or group shall file in the office of the city clerk five printed or typewritten copies of the measure proposed, accompanied by the name, post office and residence address of the proposer. (Ord. No. 92-150, § 1(1.14.030), 9-22-92)

2-204 Initiative procedure by city clerk and city attorney.

Upon filing of the proposed initiative measure, the city clerk shall assign a number to each such initiative petition and transmit one copy of the measure proposed, bearing such number, to the city council, the city manager, and to the city attorney. Within five days after the receipt of the initiative measure and this request, the city attorney shall issue a determination as to the appropriateness of the topic of the initiative measure as defined by this ordinance. In the event the initiative measure is determined valid pursuant to this ordinance, and within 14 days after the receipt of an initiative measure, the city attorney shall formulate therefor and transmit to the city clerk, the city council, the city manager, and the individual or group proposing such a measure, an initiative statement in the form of a question containing the essential features of the measure. (Ord. No. 92-150, § 1(1.14.040), 9-22-92)

2-205 Initiative statement.

An initiative statement shall be phrased in language so that a “yes” vote will clearly be a vote in favor of the action or condition that would result from the approval of the measure, and a “no” vote will clearly be a vote in opposition to such action or condition. The statement may be distinct from the petitioner’s title of the measure and shall express and give a true and impartial statement of the purpose of the measure. It shall not be intentionally an argument, nor likely to create prejudice, either for or against the measure. (Ord. No. 92-150, § 1(1.14.050), 9-22-92)

2-206 Time for filing initiative petition.

Initiative petitions containing the required signatures of the registered voters of the city as provided in RCW 35A.11.100, now or as hereinafter amended, must be filed with the city clerk within 90 days from the date of issuance of the initiative statement by the city attorney. If petitioner fails to file such petition within the prescribed time limit, it shall have no validity and the petition will not be considered by the council as an initiative petition. (Ord. No. 92-150, § 1(1.14.060), 9-22-92)

2-207 Initiative petition requirements.

Every signer to a petition submitting a proposed ordinance to the city council shall add to his or her signature signer’s printed name and his or her place of residence, giving street and number. The signatures need not all be appended to one paper, but one of the signers on each paper must attach thereto an affidavit stating the number of signatures thereon, that each signature thereon is a genuine signature of the person whose name it purports to be and that the statements therein made are true as he or she believes. (Ord. No. 92-150, § 1(1.14.070), 9-22-92)

2-208 Form of petitions for ordinances referred to the voters.

The form and sufficiency of the petition shall be as follows:

(1) A petition may include any page or group of pages containing a statement prepared by the city attorney, along with the initiative number, and shall contain the following essential elements when applicable:

a. The text or prayer of the petition shall be a concise statement of the action or relief sought by petitioners.

b. A copy of the ordinance to be referred to the electorate.

c. Numbered lines for signatures with space provided beside each signature for the printed name of the signer, the address of the signer, and the date of signing.

d. The warning statement prescribed in subsection (2) of this section.

(2) Petitions shall be printed or typed on single sheets of white paper of good quality, and each sheet of petition paper having a space thereon for signatures shall contain the text or prayer of the petition and the following warning:

WARNING

Any person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.

(3) Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name of the signer, the date of the signing, and the address of the signer as follows:

Petitioner’s Signature	Petitioner’s Printed Name	Residence Address	Date
____________	____________	____________	_________

(4) The term “signer” means any person who signs his or her own name to the petition.

(5) To be sufficient, a petition must contain valid signatures of qualified electors in number equal to not less than 15 percent of the names of persons listed as registered voters within the city on the day of the last preceding city general election or the number that may be otherwise provided by state law. (Ord. No. 92-150, § 1(1.14.080), 9-22-92)

2-209 Process of determining sufficiency.

Within five working days after the filing of a petition, the city clerk shall begin the process of making a determination of sufficiency with reasonable promptness and shall file a certificate stating the date upon which such determination was begun, which date shall be referred to as the terminal date. Additional pages of one or more signatures may be added to the petition by filing the same with the city clerk prior to such terminal date. No signatures shall be accepted or withdrawn after such terminal date. (Ord. No. 92-150, § 1(1.14.090), 9-22-92)

2-210 Withdrawal of signature.

Any signer of a filed petition may withdraw his or her signature by a written request for withdrawal filed with the city clerk prior to such terminal date. Such written request shall so sufficiently describe the petition as to make identification of the person and the petition certain. The name of any person seeking to withdraw shall be signed exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date, the signature of any person seeking such withdrawal shall be deemed withdrawn. (Ord. No. 92-150, § 1(1.14.100), 9-22-92)

2-211 Valid signatures.

Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved. (Ord. No. 92-150, § 1(1.14.110), 9-22-92)

2-212 Variations of signatures.

Variations on petitions between the signatures on the petition and that on the voter’s permanent registration caused by the substitution of initials instead of first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same. (Ord. No. 92-150, § 1(1.14.120), 9-22-92)

2-213 Stricken signatures.

Signatures, including the original, of any person who has signed a petition two or more times, shall be stricken. (Ord. No. 92-150, § 1(1.14.130), 9-22-92)

2-214 Stale signatures.

Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition or prior to the publication date of Ordinance 92-150 [September 25, 1992] shall be stricken. (Ord. No. 92-150, § 1(1.14.140), 9-22-92)

2-215 Initiative petition – Checking by clerk.

Within 14 days from the terminal date of filing of a petition submitting a proposed ordinance, the city clerk shall ascertain or cause to be ascertained and append to the petition a certificate stating whether or not it is signed by a sufficient number of registered voters, using the registration records and returns of the preceding municipal election for sources of information. (Ord. No. 92-150, § 1(1.14.150), 9-22-92)

2-216 Initiative petition – Council action.

If the petition accompanying the proposed ordinance is signed by the registered voters in the city as required by state law and, if it contains a request that, unless passed by the city council, the ordinance be submitted to a vote of the people, the council shall either:

(1) Pass the proposed ordinance without alteration within 45 days after the city clerk’s certificate that the number of signatures on the petition are sufficient; or

(2) Within 45 days after the city clerk’s certificate of sufficiency is attached to the petition, cause to be called a special election to be held not less than 30 nor more than 120 days thereafter, for submission of the proposed ordinance without alteration, to a vote of the people unless a general election will occur within 120 days, in which event submission must be made at that general election. (Ord. No. 92-150, § 1(1.14.160), 9-22-92)

2-217 Initiative petition – Appeal to court.

If the city determines the initiative measure to be inappropriate as defined by this article, or if a court finds the petition insufficient, or if the council refuses either to pass an initiative ordinance or order an election thereon, any taxpayer within the city may commence an action in the superior court against the city for the purpose of requiring an election to be held in the city for purposes of voting upon the proposed ordinance if the court finds the petition to be sufficient. (Ord. No. 92-150, § 1(1.14.170), 9-22-92)

2-218 Initiative – Conduct of election.

Publication of notice, the election, the canvass of the returns, and declaration of the results shall be conducted in all respects as are other city elections. Any number of proposed ordinances may be voted on at the same election, but there shall not be more than one special election for that purpose during any one six-month period. (Ord. No. 92-150, § 1(1.14.180), 9-22-92)

2-219 Initiative – Notice of election.

The city clerk shall cause any ordinance or proposition required to be submitted to the voters at an election to be published in a local newspaper. This publication shall be in addition to the notice required in Chapter 29.27 RCW. (Ord. No. 92-150, § 1(1.14.190), 9-22-92)

2-220 Initiative – Ballots generally.

The ballots used for voting upon a proposed ordinance shall be similar to those used at a general municipal election and shall contain the words “for the ordinance” (stating the nature of the proposed ordinance) and “against the ordinance” (stating the nature of the proposed ordinance). (Ord. No. 92-150, § 1(1.14.200), 9-22-92)

2-221 Initiative – Ballot title.

When any initiative petition is found to be sufficient by the city clerk and the proposal or question is to be submitted to the voters, the question or proposal shall be advertised as provided for nominees for office for code cities and, in such cases there shall also be printed on the ballot a concise statement not exceeding 100 words containing the essential features thereof expressed in such a manner as to clearly identify the proposition to be voted upon, which statement shall be prepared by the city attorney. In addition to such a statement, the city attorney preparing the statement shall also prepare a caption, not to exceed ten words in length, to permit the voters readily to identify the proposition and distinguish it from other propositions on the ballot. This caption shall be placed on the ballot immediately before the statement, and shall be printed in heavy black type in such a manner as to be readable at a glance. The caption and statement together shall constitute the ballot title. (Ord. No. 92-150, § 1(1.14.210), 9-22-92)

2-222 Initiative – Effective date – Record.

If a majority of the number of votes cast thereon favor the proposed ordinance, it shall become effective immediately and shall be made a part of the record of ordinances of the city. (Ord. No. 92-150, § 1(1.14.220), 9-22-92)

2-223 Initiative – Repeal or amendment.

Upon the adoption of an ordinance initiated by petition, the city clerk shall write on the margin of the record thereof “ordinance by petition No. ________,” or “ordinance by vote of the people,” and it cannot be repealed or amended except by a vote of the people. (Ord. No. 92-150, § 1(1.14.230), 9-22-92)

2-224 Initiative – Repeal or amendment method.

The council may by means of an ordinance submit a proposition for the repeal or amendment of an ordinance initiated by petition, by submitting it to a vote of the people at any general election and, if a majority of the votes cast upon the proposition favor it, the ordinance shall be repealed or amended accordingly. A proposition of repeal or amendment must be published before the election thereon as is an ordinance initiated by petition when submitted to election. (Ord. No. 92-150, § 1(1.14.240), 9-22-92)

2-225 Initiative – Repeal or amendment record.

Upon the adoption of a proposition to repeal or amend an ordinance initiated by petition, the city clerk shall write upon the margin of the record of the ordinance “repealed (or amended) by ordinance No. ________” or “repealed (or amended) by vote of the people.” (Ord. No. 92-150, § 1(1.14.250), 9-22-92)

2-226 Referendum petitions.

A petition may be filed with the city clerk within 30 days from filing of a salary schedule by the independent salary commission or the passage of a general ordinance by the council, petitioning the council to reconsider a salary schedule or an ordinance which is subject to referendum, or to submit same to a vote of the people. (Ord. No. 92-150, § 1(1.14.260), 9-22-92; Ord. No. 03-439, § 2, 3-18-03)

2-227 Referendum statement.

A referendum statement on a petition shall be phrased in the following language:

Should Federal Way Ordinance No. ______ relating to ________________ enacted by the Federal Way City Council on ________ be repealed in its entirety? Your signature on this petition indicates your vote in favor of repeal of the attached ordinance in its entirety.

or

Should the salary schedule filed with the City Clerk by the independent salary commission on ________ be repealed in its entirety? Your signature on this petition indicates your vote in favor of repeal of the attached ordinance in its entirety.

A copy of the salary schedule or ordinance to such referendum petition shall be attached to each referendum petition for the information of the parties requested to sign such petition. (Ord. No. 92-150, § 1(1.14.270), 9-22-92; Ord. No. 03-439, § 2, 3-18-03)

2-228 Referendum filing suspends ordinance.

Upon the filing of a referendum petition, which must contain valid signatures of 15 percent of the total number of names of persons listed as registered voters within the city on the date of the last preceding city general election or as otherwise provided by state law, within 30 days of the filing of a salary schedule by the independent salary commission or passage of an ordinance petitioning therein that such salary schedule or ordinance be submitted to the electorate, the council shall reconsider a salary schedule or an ordinance subject to referendum and, upon reconsideration, shall defeat it in its entirety or shall submit it to a vote of the people. The operation of a salary schedule or an ordinance so protested against shall be suspended until the referendum petition is finally found insufficient or until the salary schedule or ordinance protested against has received a majority of the votes cast thereon at the election. (Ord. No. 92-150, § 1(1.14.280), 9-22-92; Ord. No. 03-439, § 2, 3-18-03)

2-229 Initiative provisions applied to referendum process.

All provisions applicable to the form of the petition and sufficiency of signatures required for an initiative petition as set forth herein, and to the submission to the vote of the people as set forth herein, shall apply to a referendum petition and to the salary schedule or ordinance sought to be defeated thereby. (Ord. No. 92-150, § 1(1.14.290), 9-22-92; Ord. No. 03-439, § 2, 3-18-03)

2-230 Referendum – Effective date – Record.

If a majority of the number of votes cast thereon oppose the salary schedule or ordinance subject to the referendum, such salary schedule or ordinance shall be deemed repealed immediately. (Ord. No. 92-150, § 1(1.14.300), 9-22-92; Ord. No. 03-439, § 2, 3-18-03)

2-231 Restriction on or abandonment of powers.

The exercise of such initiative and referendum powers may be restricted or abandoned upon passage of a resolution by the council or by the filing of a sufficient petition with the city clerk signed by qualified electors in number equal to not less than 10 percent of the votes cast at the last general municipal election or as otherwise provided by state law. The sufficiency of the petition for restriction or abandonment shall be determined by the city clerk and certified as to sufficiency.

The proposal for restriction of the initiative and/or referendum powers and/or the proposal for abandonment of such powers shall be voted upon at the next general municipal election if one is to be held within 180 days from the date of filing of the petition, or at a special election to be called for that purpose not less than 90 days nor more than 180 days after the passage of the resolution or the certification of sufficiency of the petition. The ballot title and statement of proposition shall be prepared by the city attorney as provided for initiative ballots herein. (Ord. No. 92-150, § 1(1.14.310), 9-22-92)

2-232 Ordinance restricting or abandoning powers – After election.

If a majority of votes cast at the election favor restriction or abandonment, such powers of initiative or referendum shall be deemed so restricted or abandoned. (Ord. No. 92-150, § 1(1.14.320), 9-22-92)

2-233 – 2-250 Reserved.

Article VIII.
DRUG FORFEITURES³

Sections:

2-251 Drug forfeiture procedure adopted by reference.

2-252 Hearing.

2-253 Definitions.

2-254 – 2-299 Reserved.

2-251 Drug forfeiture procedure adopted by reference.

RCW 69.50.505, including all future additions, deletions and amendments thereto, is hereby adopted by reference as Federal Way’s system of drug forfeitures. (Ord. No. 93-182, § 2, 7-20-93)

2-252 Hearing.

RCW 69.50.505(e) is amended solely to provide the specific exception that the Federal Way chief of police shall designate a hearing examiner for forfeiture matters upon concurrence of the city manager. (Ord. No. 93-182, § 3, 7-20-93)

2-253 Definitions.

All terms used herein shall, in addition to their ordinary meaning, also be defined according to (1) state statute Chapter 65.50 RCW, (2) city ordinance, or (3) common law, in that order of preference. (Ord. No. 93-182, § 4, 7-20-93)

2-254 – 2-299 Reserved.

Article IX.
ART IN PUBLIC PLACES⁴

Sections:

2-300 Establishment of Art in Public Places Fund.

2-301 Definitions.

2-302 Deposits to the Art in Public Places Fund.

2-303 Method of calculation of total project cost.

2-304 Uses of Art in Public Places funds.

2-305 Carryover of fund.

2-306 Responsibilities of arts commission regarding Art in Public Places funds.

2-300 Establishment of Art in Public Places Fund.

There is hereby established in the city treasury a special fund to be known and designated as the “Art in Public Places Fund” for the purpose of providing funding for 2%-For-The-Arts projects. (Ord. No. 94-217, § 1, 7-19-94)

2-301 Definitions.

As used in connection with the art in public places funds and 2%-For-The-Arts projects, the following terms have the meaning set forth below:

Acquisition of real property means the purchase of parcels of vacant or unimproved land, including associated costs such as appraisals or negotiations.

Art in public places means any expression by an artist of visual works of art available to the public in an open city-owned facility in areas designated as public areas, or on non-city-owned property if the incorporation of the art project is installed or financed, either in whole or in part, by the city.

Arts commission means the Federal Way arts commission.

Demolition costs means the cost of removing buildings or other structures from the property.

Equipment means equipment or furnishings that are portable.

Qualifying capital improvement project means projects funded wholly or in part by the city of Federal Way to construct or substantially remodel any public project including buildings, decorative or commemorative structures, parks, or any portion thereof; provided, however, that any city funded amount for the acquisition of real property or equipment or for demolition shall be excluded for the purposes of the calculation of total project cost.

Substantially mean when the cost of the project construction, renovation, repair or remodel funded by city monies exceed the sum of $25,000. (Ord. No. 94-217, § 1, 7-19-94)

2-302 Deposits to the Art in Public Places Fund.

All authorizations and/or appropriations for qualifying capital improvement projects shall include an amount of not less than two percent of the total project cost funded by city monies to be set aside for transfer to the Art in Public Places Fund. (Ord. No. 94-217, § 1, 7-19-94)

2-303 Method of calculation of total project cost.

For qualifying capital improvement projects, the minimum amount to be appropriated for art in public places shall be as follows:

(1) The amount shall be based on the total amount of the awarded contract as originally approved by the city council or as subsequently amended multiplied by two percent.

(2) In the case of a city project which involves the use of general obligation bond proceeds, funds appropriated shall be used for projects and for capital purposes consistent with the authorizing resolution or ordinance approved by the city council and the voters. (Ord. No. 94-217, § 1, 7-19-94)

2-304 Uses of Art in Public Places funds.

The appropriations from qualifying capital improvement projects shall fund the Art in Public Places Fund. All Arts in Public Places funds shall be expended upon the project in which the funds were appropriated. Any diversion of funds from the projects in which they were appropriated shall be conditioned upon prior approval of the city council. These funds may be combined with any gifts, donations, or grants so designated, and shall be used for:

(1) Selection, acquisition, and installation or display of original works of visual art which may be incorporated in the project, on or about the project, or, upon approval of the city council, in another public facility within the city; and

(2) Repairs and maintenance of public art acquired with 2%-For-The-Arts Funds; and

(3) Other project specific expenses of selection and acquisition; provided, that, no part of the funds shall be used to pay administrative staffing expenses of the program. (Ord. No. 94-217, § 1, 7-19-94)

2-305 Carryover of fund.

Any unexpended 2%-For-The-Arts funds which remain in the Art in Public Places Fund at the end of any budget year shall not be transferred to the general fund or otherwise lapse, but said unexpended funds shall be carried forward from year to year until expended for the purposes set forth in FWCC 2-304 above, unless otherwise directed by city council. (Ord. No. 94-217, § 1, 7-19-94)

2-306 Responsibilities of arts commission regarding Art in Public Places funds.

Annually, the arts commission shall make recommendations to the city council that will reflect short and long range planning for the incorporation of art and sites regarding the appropriation of 2%-For-The-Arts funds. The recommendations will relate to but will not be limited by the following:

(1) The incorporation of art projects will be responsive to the developing public art needs of the community;

(2) The incorporation of art projects will reflect the scope, scale and character of the site; and

(3) The incorporation of art projects will be part of parks and construction and building developments. The arts commission shall carry out all necessary tasks and procedures consistent with established arts policies for the selection, placement and conservation of art works. (Ord. No. 94-217, § 1, 7-19-94)

Article X.
MUNICIPAL COURT

Sections:

2-307 Creation.

2-308 Jurisdiction.

2-309 Violations bureau.

2-310 Disposition of revenue.

2-311 Municipal judge.

2-312 Municipal court commissioner.

2-313 Court operation.

2-314 Sessions.

2-315 Municipal court seal.

2-316 Case transfers.

2-317 Jury trial and fee.

2-318 Sentencing.

2-319 Criminal process.

2-320 Complaints.

2-321 Pleadings, practice and procedure.

2-322 – 2-335 Reserved.

2-307 Creation.

The municipal court of the city of Federal Way (“the court”) is hereby created, which shall have jurisdiction and exercise all powers vested in the court by Chapter 3.50 RCW as it now exists or may hereafter be amended, together with such other powers and jurisdiction as are generally conferred on such courts in Washington, either by common law or express statute. The municipal court shall commence operation January 1, 2000. (Ord. No. 99-339, § 1, 3-16-99)

2-308 Jurisdiction.

The court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances, and exclusive original criminal jurisdiction of all violations of city ordinances. The court shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared by city ordinance or state statute. The court is also empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such city ordinances, to issue process including but not limited to subpoenas and search warrants, and to pronounce judgment in accordance therewith. Finally, the court shall have the jurisdiction as conferred on it by statute. Notwithstanding the foregoing, the district court for King County, Federal Way division, shall continue to have jurisdiction over a matter filed with the district by the city of Federal Way and which matter is not transferred by order of the Federal Way municipal court. (Ord. No. 99-339, § 1, 3-16-99)

2-309 Violations bureau.

(a) Creation. The Federal Way violations bureau is hereby created to operate under the supervision of the municipal court to assist the court in processing traffic cases. The violations bureau created by this section shall commence operation January 1, 2000. Day-to-day operations of the violations bureau shall be supervised by the court administrator.

(b) Processing. The violations bureau is authorized to perform all of the functions authorized under RCW 3.50.030, as it exists or as it may hereafter be amended. The violations bureau shall operate in conformity with state statutes such as RCW 3.50.030 and Chapter 46.63 RCW as they now exist or may hereafter be amended. All penalties and forfeitures paid to the violations bureau shall be handled in the same manner as municipal court revenue. (Ord. No. 99-339, § 1, 3-16-99)

2-310 Disposition of revenue.

Costs in civil and criminal actions may be imposed as provided in district court in RCW 3.62.060 and 10.01.160 as they exist or as they may hereafter be amended. All fees, costs, fines, forfeitures and other money imposed by the municipal court for the violation of any city ordinances shall be collected by the court clerk, and, together with any revenues received by the clerk, shall be deposited with the city finance director, in conformance with procedures adopted by the city manager or designee, or state law. These funds shall be retained or disbursed pursuant to city ordinances or policies and state law, such as RCW 3.50.100. (Ord. No. 99-339, § 1, 3-16-99)

2-311 Municipal judge.

(a) Appointment. Within 30 days after the effective date of the ordinance codified in this article, the city manager shall appoint a municipal judge, who shall commence work on or about December 15, 1999, and who shall work less than a full-time equivalent as defined in RCW 3.50.055 as it now exists or may hereafter be amended. Pursuant to RCW 35A.13.080, this appointment is subject to confirmation by the city council.

(b) Term. The municipal court judge shall serve a term of two years, with the initial appointment of the judge under this chapter expiring December 31, 2001. On or before December 1, 2001, the city manager shall make an appointment of a judge for a term commencing January 1, 2002, and expiring December 31, 2005; provided, that the judicial position continues as a less than full-time equivalent position as defined in RCW 3.50.055 as it now exists or may hereafter be amended. Effective January 1, 2006, the municipal court judge shall be a full-time elected position of 40 hours per week. The relevant election will be held during the general election in the fall of 2005. The term length and frequency of elections will proceed as required under RCW 3.50.050 as it now exists or may hereafter be amended.

(c) Judicial qualifications. At the time of the appointment or election, the person appointed or elected shall be qualified for the position of municipal judge under city rules as the city council may adopt by resolution or ordinance and state statutes, such as RCW 3.50.040 and 3.50.050.

(d) Additional judges. Additional full- or part-time municipal judge positions will be filled in accordance with RCW 3.50.055 and 3.50.070 as they now exist or may hereafter be amended, when in the judgment of the city manager and/or the city council, as applicable, the public interest and the administration of justice makes such additional judge or judges necessary.

(e) Judges pro tem. The municipal court judge shall, in writing, appoint judges pro tem who shall serve in absence, disability, or disqualification of the regular judge of the municipal court, subsequent to the filing of an affidavit of prejudice, or when the administration of justice and the accomplishment of the work of the court make it necessary. A pro tem judge’s term of appointment shall also be specified in writing. The judges pro tem shall receive such compensation as is received, on an hourly basis, by the municipal judge, or as otherwise fixed by resolution or by the ordinances of the city. The judges pro tem shall meet the qualifications required for the position of judge of the municipal court as provided herein. Before entering upon judicial duties, each judge pro tem shall take, subscribe, and file an oath in the same form as that of the duly appointed municipal judge, and thereafter shall have all of the powers of the appointed municipal judge. When deemed necessary, the municipal court judge may make a temporary appointment of a judge pro tem, to preserve an individual’s rights according to law, or to respond to emergency circumstances, effective for up to one week.

(f) Vacancy. Any vacancy in the municipal court due to death, disability, or resignation of a judge shall be filled by the city manager, for the remainder of the unexpired term. The appointment shall be subject to the confirmation of the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this section.

(g) Removal. During the term of his or her appointment or election, a municipal court judge shall be removed only upon 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; provided, that a municipal court judge is also subject to disciplinary actions by the commission on judicial conduct and the Supreme Court, as described in Chapter 2.64 RCW.

(h) Oath. Every judge of the municipal court, before entering upon the duties of the office, shall take and subscribe the following oath or affirmation:

I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the Municipal Court of the City of Federal Way, according to the best of my ability.

The oath shall be filed in the office of the King County auditor and with the Federal Way city clerk.

(i) Bonds. Every municipal court judge shall give such bonds to the state and city for the faithful performance of the judge’s duties as may be required by law or city ordinance.

(j) Compensation. Pursuant to RCW 3.50.080, the compensation for the municipal court judges shall be set by the city council by ordinance. Commencing January 1, 2006, the annual salary shall be $115,911.40, which is 95 percent of district court judges’ salary, and shall be maintained thereafter at 95 percent of the district court judges’ salary as set by the State Salary Commission. The municipal court judge shall receive the same benefits as the nonrepresented city employees. (Ord. No. 99-339, § 1, 3-16-99; Ord. No. 01-397, § 1, 7-17-01; Ord. No. 05-484, § 1, 4-5-05; Ord. No. 05-494, § 1, 6-21-05)

2-312 Municipal court commissioner.

Pursuant to RCW 3.50.075, municipal court commissioners may be appointed by the municipal judge, and shall serve at the pleasure of the judge. (Ord. No. 99-339, § 1, 3-16-99)

2-313 Court operation.

As part of the bi-annual preliminary budget presentation, the city manager or his/her designee will prepare a budget for the court and will make a recommendation on such budget to the city council. The bi-annual budget for the municipal court shall be approved by the city council. All employees of the municipal court shall, for all purposes, be deemed employees of the city. They shall be subject to applicable provisions of city personnel guidelines, and state laws, such as RCW 3.50.080. (Ord. No. 99-339, § 1, 3-16-99)

2-314 Sessions.

The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by city council; provided, that the municipal court shall not be open on nonjudicial days, as established by state law. This section shall not prevent the municipal judge from granting telephonic approval or entry of search warrants, issuing no contact orders, or determinations of probable cause, regardless of whether the court is officially open. (Ord. No. 99-339, § 1, 3-16-99)

2-315 Municipal court seal.

The municipal court shall have a seal which shall be the vignette of George Washington, with words “Seal of the Municipal Court of Federal Way, State of Washington” surrounding the vignette. (Ord. No. 99-339, § 1, 3-16-99)

2-316 Case transfers.

A transfer of a case from the municipal court to either another municipal judge of the city of Federal Way or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed as provided in RCW 3.50.125 as it now exists or may be amended. (Ord. No. 99-339, § 1, 3-16-99)

2-317 Jury trial and fee.

Jury trials shall be allowed as specifically provided for in RCW 3.50.135 for municipal courts or in accordance with state law applicable to a particular matter. A party requesting a jury trial shall pay to the municipal court a fee which shall be the same

amount as for a jury in district court. If more than one party in the matter requests a jury, the fee shall be apportioned. Jurors shall be reimbursed for their costs and mileage pursuant to RCW 3.50.135 for each day in attendance upon Federal Way municipal court in the amounts as established by the city council. These fees may be included in the costs that are imposed by the court upon a defendant. (Ord. No. 99-339, § 1, 3-16-99)

2-318 Sentencing.

The municipal judge shall have the broadest authority and greatest discretion consistent with this Code and state law with respect to sentencing and probation. In matters of execution of sentence, deferral of sentence, continuing jurisdiction after sentencing, and termination of probation, the municipal judge shall be guided by applicable state law, such as RCW 3.50.300 through 3.50.340, and 3.50.440. (Ord. No. 99-339, § 1, 3-16-99)

2-319 Criminal process.

All criminal process issued by the municipal court shall be in the name of the state of Washington and run throughout the state, and be directed to and served by the chief of police, marshal, or other police officer of any city or to any sheriff in the state. (Ord. No. 99-339, § 1, 3-16-99)

2-320 Complaints.

All criminal prosecutions for the violation of a city ordinance shall be conducted in the name of the city and may be upon the complaint of any person, subject to the procedures set forth in all applicable ordinances and statutes. (Ord. No. 99-339, § 1, 3-16-99)

2-321 Pleadings, practice and procedure.

Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts, particularly the Washington Rules for Courts of Limited Jurisdiction, and Local Rules of the District Court for King County. (Ord. No. 99-339, § 1, 3-16-99)

2-322 – 2-335 Reserved.

Article XI.
DISPOSITION OF CONFISCATED AND FORFEITED FIREARMS

Sections:

2-336 Disposition of confiscated and forfeited firearms.

2-336 Disposition of confiscated and forfeited firearms.

(a) All firearms taken into the custody of the Federal Way department of public safety and no longer needed for evidence shall be disposed of as follows:

(1) Firearms illegal for any person to possess shall be destroyed.

(2) Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States Treasury Department Bureau of Alcohol and Tobacco, and firearms exempt from destruction shall be disposed of in accordance with RCW 9.41.098(c), or hereafter amended.

(3) All other firearms that are judicially forfeited or forfeited due to a failure to make a claim under RCW 63.32.010 shall be destroyed, except that such firearms which meet the Federal Way department of public safety’s standard for use may be retained and used by the department. (Ord. No. 00-376, § 1, 11-7-00)

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Footnotes

¹ Editor’s note – The city of Federal Way, Washington was incorporated as a code city pursuant to RCW Title 35A on February 28, 1990.

² Editor’s note – Ord. No. 92-150, adopted Sept. 22, 1992, amended the Code by the addition of provisions which have been designated at the discretion of the editor as Art. VII, §§ 2-201 – 2-232.

³ Editor’s note – Ord. No. 93-182, §§ 2 – 4 adopted July 20, 1993, enacted provisions which have been designated at the discretion of the editor as Art. VIII, §§ 2-251 – 2-253.

⁴ Editor’s note – Ord. No. 94-217, § 1, adopted July 19, 1994, amended the Code by the addition of provisions which have been included herein at the discretion of the editor as Art. IX, §§ 2-300 – 2-306.