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Title 2
ADMINISTRATION AND PERSONNELChapters:
2.01 Repealed
2.03 Council Positions
2.04 City Council Meetings
2.06 City Administrator
2.08 City Attorney
2.20 City Clerk-Treasurer
2.22 Arts Commission
2.30 Municipal Court
2.32 Civil Service Commission
2.34 Reserve Police Officers
2.36 Repealed
2.38 Fire Department
2.44 Firemen’s Relief and Compensation Benefits
2.45 Planning and Community Development Department
2.46 Public Works Department
2.48 Board of Park Commissioners
2.50 Department of Seniors
2.52 Board of Economic Development Commissioners
2.54 Hearing Examiner
2.56 Planning Commission
2.58 Repealed
2.60 Repealed
2.62 Emergency Management
2.64 Continuity of Government
2.68 Public Building Use
2.70 Small Works Roster
2.72 Vendor Quotations
2.74 Personnel Policies and Procedures Manual
2.82 Personnel – Job Descriptions
2.84 Personnel – Classification Plan
2.86 Personnel – Pay Plan and Compensation
2.90 Investment Policies
2.92 Public Records – Disclosure
2.96 Indemnification of Employees
2.98 Fleet Policies
Chapter 2.01
MAYOR(Repealed by Ord. 1448)
Chapter 2.03
COUNCIL POSITIONSSections:
2.03.010 Council positions.
2.03.020 Repealed.
2.03.010 Council positions.
Effective January 1, 1990, the city will have established seven council positions. All positions will be “at-large.” The existing positions terms shall remain unaffected. Of the two additional positions one will initially have a term of two years and then four years for each term thereafter. (Ord. 1114 § 1, 1989).
2.03.020 Term limit.
Repealed by Ord. 1448. (Ord. 1334 § 2, 1997).
Chapter 2.04
CITY COUNCIL MEETINGS1Sections:
2.04.010 Regular meetings.
2.04.010 Regular meetings.
A. The regular meetings of the council shall be held the first and third Mondays of each month all to begin at 7:00 p.m. at the City Hall; provided, that if a holiday falls on a regular meeting night, the meeting shall be held on the Tuesday following unless said Tuesday is a holiday; provided further, that special meetings may be called at any time pursuant to the laws of the state.
B. A regular study session meeting of the council shall be held on the second Monday each month to begin at 7:00 p.m. at the City Hall; provided, that if a holiday falls on a regular study session meeting night, the meeting shall be held on the Tuesday following unless said Tuesday is a holiday. (Ord. 1552 § 1, 2002; Ord. 1304 § 1, 1996; Ord. 1299 § 1, 1996; Ord. 1232 § 1, 1994; Ord. 1165 § 1, 1991).
Chapter 2.06
CITY ADMINISTRATORSections:
2.06.010 City administrator.
2.06.010 City administrator.
A. There is created the office of city administrator, which office shall be filled by appointment by the mayor, subject to confirmation by the city council. The city administrator shall serve at the pleasure of the mayor; and the term of employment, including tenure, may be specified by a contract executed by the mayor subject to the approval of a majority of the city council.
B. The city administrator is responsible for providing assistance to the mayor in the administration of city government. The city administrator will be responsible for the line management of all city departments, including accountability for their performance. All authority and responsibility of the city administrator is subject to the direction, authority and supervision of the mayor. (Ord. 1686 § 1, 2006).
Chapter 2.08
CITY ATTORNEYSections:
2.08.010 Appointment authorized.
2.08.010 Appointment authorized.
The mayor is empowered to appoint an attorney in accordance with the provisions of RCW 35A.12.020. (Ord. 160 § 1, 1934).
Chapter 2.20
CITY CLERK-TREASURER2Sections:
2.20.010 Merging of offices of treasurer and clerk.
2.20.020 Compensation.
2.20.030 Service of claims.
2.20.010 Merging of offices of treasurer and clerk.
The office of city clerk and city treasurer are merged and the person so appointed shall be designated as the clerk-treasurer. The clerk-treasurer shall be appointed by the mayor, and confirmed by the city council. (Ord. 1134 § 1, 1990).
2.20.020 Compensation.
The clerk-treasurer shall receive as compensation for his or her services the amount established by the city council in the annual budget. (Ord. 1134 § 1, 1990).
2.20.030 Service of claims.
The clerk-treasurer is the agent for the service of claims as provided in RCW 4.96.020. In the absence of the clerk-treasurer during normal business hours, claims may be presented to any assistant or other subordinate of the clerk-treasurer. (Ord. 1492 § 1, 2001).
Chapter 2.22
ARTS COMMISSIONSections:
2.22.010 Arts commission established.
2.22.020 Terms – Residency.
2.22.030 Removal.
2.22.040 Officers – Meetings – Rules.
2.22.050 Vacancies – Unexpired terms.
2.22.060 Powers and duties.
2.22.070 Arts defined.
2.22.010 Arts commission established.
There is created and established an arts commission of the city of Milton, to consist of five members appointed from the Milton community at large by the mayor and confirmed by the city council. (Ord. 1454 § 1, 2000).
2.22.020 Terms – Residency.
A. The terms for all positions on the commission shall be four years and shall expire on December 31st of the last year of the term. Persons appointed to a position during the pendency of the term for that position shall serve until the end of the term. The expiration date of the terms of the positions on the commission shall be staggered so that not more than four positions expire in the same year.
B. No person shall be appointed to a position on the commission unless he or she is a resident of the city. A position on the commission shall become vacant upon that member ceasing to be a resident of the city.
C. No member shall receive any compensation for their service on the commission. (Ord. 1454 § 1, 2000).
2.22.030 Removal.
The mayor, upon approval of a majority of the city council, may remove members of the arts commission at any time. Appointments to fill vacancies occurring otherwise than through the expiration of terms shall be for the unexpired portion of such term and shall be made in the same manner as an original appointment. (Ord. 1454 § 1, 2000).
2.22.040 Officers – Meetings – Rules.
The commission shall annually elect a chairman and secretary, and such other officers, as the commission deems necessary. (Ord. 1454 § 1, 2000).
2.22.050 Vacancies – Unexpired terms.
Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired terms through appointment by the mayor and confirmation by a majority of the city council. (Ord. 1454 § 1, 2000).
2.22.060 Powers and duties.
The commission shall act in an advisory capacity to the city council. To that end, the commission may hold public meetings and shall make such studies, analyses and reports as requested by the city council and may perform the following functions in order that Milton may provide leadership in the arts:
A. Keep the city council informed in matters of art, and represent the community interest in matters of art;
B. Serve as the central commission to whom individuals and groups may bring their concerns and ideas with regard to the arts;
C. Seek to enlarge the art consciousness of Milton;
D. Encourage multi-age working, sharing, learning and teaching in the arts;
E. Provide recognition and encouragement to local artists, both those established and those as yet unrecognized;
F. Explore financing for acquisition of art objects, art activities, and capital improvements for the arts in Milton;
G. Examine and make reports and recommendations on any matter referred to the commission by the city council. The commission shall report promptly, making such recommendations and giving such counsel as it may deem proper;
H. Review the suitability of any work of art intended as a gift to the city considering the values of the community. (Ord. 1454 § 1, 2000).
2.22.070 Arts defined.
As used in this chapter, the term “art” or “arts” shall include, but not be limited to, all graphic and visual arts, performing skills and crafts. (Ord. 1454 § 1, 2000).
Chapter 2.30
MUNICIPAL COURTSections:
2.30.010 Established.
2.30.020 Jurisdiction and powers.
2.30.030 Practice and procedure.
2.30.010 Established.
There is established an inferior court to be entitled “the municipal court of Milton.” (Ord. 457 § 1, 1961).
2.30.020 Jurisdiction and powers.
The municipal court shall have the jurisdiction and shall exercise all the powers declared to be vested in the court by Chapter 3.50 RCW, together with such other powers and jurisdiction generally conferred in the state, either by common law or by express statute, upon the court. (Ord. 457 § 2, 1961).
2.30.030 Practice and procedure.
The court practice and procedure established in Chapter 3.50 RCW are adopted as the practice and procedure for the municipal court. (Ord. 457 § 3, 1961).
Chapter 2.32
CIVIL SERVICE COMMISSION3Sections:
2.32.010 Created.
2.32.020 Selection – Appointment – Employment – Persons included.
2.32.030 Certification of eligible persons.
2.32.010 Created.
In accordance with the provisions of Chapters 41.08 and 41.12 RCW, there is created a civil service commission to exercise the powers and to perform the duties established by such state law in connection with the selection, appointment and employment of police and fire department personnel in the city. With the exception to Chapters 41.08 and 41.12 RCW, that the city of Milton civil service commission shall consist of five members with one member’s term expiring each year, but no member’s term shall expire each sixth year. (Ord. 1159 § 1, 1991).
2.32.020 Selection – Appointment – Employment – Persons included.
Except as hereinafter specifically provided, the provisions of Chapters 41.08 and 41.12 RCW shall control all aspects of civil service in the city, including the commission’s selection, appointment and employment of police and fire department personnel, excluding the police chief and fire chief, who are found to be administrative, policymaking and policy formulation positions and are exempted from the classified civil service of the city, if hired after November 1, 2004. (Ord. 1628 § 1, 2004; Ord. 1159 § 1, 1991).
2.32.030 Certification of eligible persons.
Notwithstanding anything to the contrary in Chapter 41.08 or 41.12 RCW, in addition to any opportunity afforded the appointing authority to exercise the choice in the filling of a vacancy by the terms of said law, whenever requisition is made upon the commission for the names of persons eligible for appointment to any vacancy, including both original appointments and promotions, the commission, instead of furnishing the name of one person highest on the eligibility list, shall certify to the appointing authority the names of the three persons highest on such eligibility list for each vacancy, if there are three such persons available. The appointing authority shall forthwith appoint one of the certified persons to such vacant position. (Ord. 1159 § 1, 1991).
Chapter 2.34
RESERVE POLICE OFFICERSSections:
2.34.010 Program created – Appointment.
2.34.020 Qualifications.
2.34.030 Training.
2.34.040 Authority.
2.34.050 Compensation and equipment.
2.34.060 Exempted from certain benefits, privileges or rights.
2.34.070 Service and termination.
2.34.010 Program created – Appointment.
There is authorized and created a reserve police officer system in and for the city. All reserve police officers shall be appointed by the chief of police and confirmed by the mayor and when so appointed shall serve under his supervision and direction. (Ord. 896 § 1, 1982).
2.34.020 Qualifications.
All candidates for the reserve officers program must be U.S. citizens and be able to read and write the English language, be 21 years of age, and have a current and valid Washington State Driver’s License. (Ord. 896 § 2, 1982).
2.34.030 Training.
The chief of police shall establish and supervise a training program and shall prepare and maintain a written manual of the program, which shall be approved by the mayor and council. Every candidate for appointment as a reserve police officer shall satisfactorily complete the training program prior to appointment; provided, that the chief of police may waive the program if the candidate’s prior training or experience in the field of law enforcement adequately qualifies the candidate to serve as a reserve police officer. (Ord. 896 § 3, 1982).
2.34.040 Authority.
All reserve officers upon appointment shall be issued a special commission by the mayor. Upon appointment and while performing assigned duty, a reserve police officer shall have the authority to issue citations, to make arrests, as permitted by law within the city, and to take into custody any person who commits, in the presence of the reserve police officer or within his view, any breach of the peace or offense prohibited by the laws of the state or by ordinances of the city and to summon aid and exercise all other powers necessary and requisite for the prevention of disorders or the apprehension of offenders. (Ord. 896 § 4, 1982).
2.34.050 Compensation and equipment.
Reserve police officers shall not be compensated for their services, but may in the discretion of the city, be provided by the police department with uniforms, badges and equipment suitable for the performance of their duties, and may receive training and instruction from regular officers of the police department. Reserve police officers badges shall be so designed, shaped and worded as to be readily distinguishable from badges worn by regular police officers. (Ord. 896 § 5, 1982).
2.34.060 Exempted from certain benefits, privileges or rights.
No reserve police officer shall be entitled to the benefits, privileges or rights conferred by Chapter 2.32 MMC establishing a civil service system; by the Washington Law Enforcement Officers and Fire Fighters Retirement System; by any collective bargaining agreement hereafter entered into by the city and any bargaining unit representing city employees; or by any contracts now in effect or hereafter established providing benefits of any kind for regularly employed city officers and employees; with the exception that reserve police officers shall be covered under State Industrial Insurance under the same classification as all regular officers. (Ord. 1018, 1986; Ord. 896 § 6, 1982).
2.34.070 Service and termination.
All reserve police officers shall serve at the pleasure of the chief of police as notified by the mayor, and may be removed from, terminated by or dismissed from service without cause or reason. All uniforms, equipment, badges or other city property delivered to or used by a reserve police officer shall remain property of the city and shall be immediately restored to the city at the termination of the reserve police officers’ appointment. (Ord. 896 § 7, 1982).
Chapter 2.36
LIBRARY ADVISORY BOARD(Repealed by Ord. 1610)
Chapter 2.38
FIRE DEPARTMENTSections:
2.38.010 Established.
2.38.020 Fire chief appointment and authority.
2.38.030 Volunteer firefighters.
2.38.040 Firemen’s relief and pension fund.
2.38.050 Reimbursement for volunteer and off-duty firefighters expenses.
2.38.060 Recordkeeping requirements.
2.38.070 Fire permits.
2.38.080 Violation – Penalty.
2.38.010 Established.
The council establishes, by authority of RCW 35.27.370, a city fire department. (Ord. 973, 1984).
2.38.020 Fire chief appointment and authority.
The fire chief shall be appointed by the mayor, which appointment shall be subject to confirmation by a majority vote of the city council. The fire chief shall have all the authority given to him as the fire code official by the latest Washington State adopted International Fire Code and all city ordinances. The fire chief shall be responsible for the review, approval and inspection of all proposed and existing fire protection systems. The fire chief shall have the authority, with the consent of the mayor, to appoint any other officers to positions established by city ordinance as the fire chief deems necessary. (Ord. 1702 § 1, 2007; Ord. 1662 § 1, 2006; Ord. 1270 § 1, 1995; Ord. 973, 1984).
2.38.030 Volunteer firefighters.
There is established a volunteer fighters force. The city fire department total including all officers and the fire chief shall not exceed a ratio of 25 firemen for every 1,000 population or fraction thereof, except that in no event shall the number of firemen comprise less than 15. (Ord. 973, 1984).
2.38.040 Firemen’s relief and pension fund.
A. All members of the city fire department are enrolled under the relief and compensation and benefit provisions of the Volunteer Firemen’s Relief and Pension Fund Act of the state for the purpose of providing protection for the firemen of the city and their families from death or disability arising and resulting from the performance of their duties.
B. All members of the city fire department shall also be enrolled in the pension plan thereby enabling any fireman to avail himself of retirement provisions.
C. The city elects to make payments of both the disability/death insurance and the pension program as required in Chapter 41.24 RCW. (Ord. 973, 1984).
2.38.050 Reimbursement for volunteer and off-duty firefighters expenses.
Rendering such firefighting services the firefighters will incur expenses in the following areas:
A. Transportation. Automobile expenses incurred in travelling to and from emergency responses, drills, educational meetings, seminars, sleeper duty, standby duty, and station visits for familiarization with the equipment and facilities. The actual expense incurred will include vehicle depreciation, gas, oil, lubrication, licensing, insurance, maintenance, tires, batteries and traction devices.
B. Clothing Expenses. While the department does provide protective outer clothing, helmets and boots for emergency situations and limited uniforms for drills, it does not provide underclothing, socks, shoes, street clothes, coats and hats that are used by the volunteer when attending classes, travelling to and from emergencies, sleeper duty and work parties, this clothing, supplied by the firefighters, is subject to additional wear, tear, damage, fire staining and soiling when used by the volunteer during emergency and non-emergency service to the department and the community. The volunteer must pay for the cleaning, laundering, repair and replacement of such clothing.
C. Food and Meals. Volunteers, out of necessity, must buy meals and food to bring to the station while on standby or sleeper duty or to consume enroute home from an emergency. This food would not normally be purchased if it were not for the service to the department and is in addition to the food regularly purchased by the volunteer and family.
D. Haircuts. The fire department has a hair maintenance standard for the safety of the firefighters; this standard requires that the volunteer keep hair to a relatively short length, thereby forcing the volunteer to obtain haircuts more frequently than might otherwise be the case.
E. Home Utility Expense. When a firefighter returns to the home after a drill or particularly after a response to a fire, the firefighter incurs additional home utility expense for shower, heat, lights, and water. The firefighter also incurs additional home utility costs when studying, learning and reviewing fire department operation procedures and rules and regulations. (Ord. 973, 1984).
2.38.060 Recordkeeping requirements.
The logistics of documenting these many out-of-pocket expenses is difficult. To require each firefighter to record these expenses and require the department to consolidate and compile the records would be impractical and unreasonable if not impossible. The intent and purpose of the reimbursement method is to create a practical method of reimbursing expenses without creating an impractical records system. In order to avoid the cumbersome recordkeeping requirements needed to reimburse volunteer and off-duty firefighters for actual expenses incurred in the performance of duty to the department, the following system for making payments to volunteer and off-duty firefighters is adopted:
A. Unit of Voluntary Service. A unit of voluntary service may consist of attendance at a scheduled drill, response to an emergency alarm, attendance at an educational or training session, a stand-by duty shift.
B. Nominal Amount of Compensation. The amount the department shall pay each vol-unteer firefighter shall be as the latest salary ordinance dictates.
C. Record of Attendance. The fire chief of the department or the officer in charge or the person designated by such officer, at a drill, scene of an emergency or other authorized activity, shall prepare a roster of firefighters who attend or respond to such event. A compiled total of these units shall be submitted by the fire chief to the city clerk.
D. Time of Payment. Volunteer and off-duty firefighters shall be paid in accordance with the above schedule on a monthly basis. (Ord. 1366 § 1, 1998; Ord. 1251 § 1, 1994; Ord. 973, 1984).
2.38.070 Fire permits.
A. It shall be unlawful for anyone to have any outside fire without an approved permit issued by the fire chief or his/her authorized representative.
B. Repealed by Ord. 1662. (Ord. 1662 § 2, 2006; Ord. 973, 1984).
2.38.080 Violation – Penalty.
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinances of the city is guilty of a misdemeanor. Any person convicted of a misdemeanor shall be punished as set forth in Chapter 1.08 MMC. (Ord. 973, 1984).
Chapter 2.44
FIREMEN’S RELIEF AND COMPENSATION BENEFITSSections:
2.44.010 Enrollment – Purpose.
2.44.020 Population ratio permitted.
2.44.030 Annual fee.
2.44.010 Enrollment – Purpose.
All members of the volunteer fire department of the city are enrolled under the relief and compensation and benefit provisions of the Volunteer Firemen’s Relief and Pension Fund Act of the state by Chapter 261 of the Laws of 1945, and all amendments thereto, for the purpose of providing protection for the volunteer firemen of the city and their families from death or disability arising and resulting from the performance of their duties as firemen. (Ord. 371 § 1, 1949).
2.44.020 Population ratio permitted.
The volunteer fire department of the city shall not exceed a ratio of 25 firemen for every 1,000 population or fraction thereof, except that in no event shall the number of volunteer firemen comprise less than 15 firemen. (Ord. 371 § 2, 1949).
2.44.030 Annual fee.
An annual fee of $3.00 for every member of said fire department shall be paid by the city for the purpose of affording the members of the volunteer fire department with protection from death or disability as provided in said Act. (Ord. 371 § 3, 1949).
Chapter 2.45
PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENTSections:
2.45.010 Established.
2.45.020 Director – Appointment and confirmation.
2.45.010 Established.
The council recognizes and approves the establishment of the planning and community development department, which department shall be responsible for the provision of municipal services including but not limited to services in such areas as permitting, buildings and construction, administrative zoning and subdivision review and enforcement, and environmental protection review and enforcement. (Ord. 1647 § 2, 2005).
2.45.020 Director – Appointment and confirmation.
The council recognizes and approves the establishment of the planning and community development director position. The director of planning and community development shall be appointed by the mayor, which appointment shall be subject to confirmation by a majority vote of the city council. (Ord. 1647 § 2, 2005).
Chapter 2.46
PUBLIC WORKS DEPARTMENTSections:
2.46.010 Established.
2.46.020 Director – Appointment and confirmation.
2.46.010 Established.
The council recognizes and approves the establishment of the public works department, which department shall be responsible for the provision of municipal services including but not limited to services in such areas as engineering, parks, facilities and fleet maintenance, streets and utilities. (Ord. 1647 § 3, 2005; Ord. 1271 § 1, 1995).
2.46.020 Director – Appointment and confirmation.
The council recognizes and approves the establishment of the public works director position. The director of public works shall be appointed by the mayor, which appointment shall be subject to confirmation by a majority vote of the city council. (Ord. 1647 § 3, 2005; Ord. 1271 § 2, 1995).
Chapter 2.48
BOARD OF PARK COMMISSIONERS4Sections:
2.48.010 Definitions.
2.48.020 Membership – Confirmation.
2.48.030 Term of office – Vacancy filling.
2.48.040 Replacement for unexcused absences.
2.48.050 Gift acceptance authority.
2.48.060 Meetings – Time and place.
2.48.070 Special meetings authorized when.
2.48.080 Meetings – Quorum – Order of business.
2.48.090 Election of officers.
2.48.100 Chairman duties.
2.48.110 Vice chairman duties.
2.48.120 Secretary duties.
2.48.130 Committees – Appointment.
2.48.140 Committees – Chairman permitted as ex officio member.
2.48.150 Policy established.
2.48.160 Inspection of facilities.
2.48.170 Repealed.
2.48.180 Repealed.
2.48.190 Long-range program adoption.
2.48.200 Sensitivity to public reaction.
2.48.210 Encouragement of citizen interest.
2.48.010 Definitions.
Words used shall have the following meanings:
A. “Board” means the board of park commissioners.
B. “Park” means an area of land, with or without water, developed and used for public recreational purposes, including landscaped tracts, picnic grounds, playgrounds, athletic fields, recreation centers, camps, trails, foot,
bicycle and bridle paths, motor vehicle drives, wildlife sanctuaries, museums, zoological and botanical gardens and facilities for bathing, boating, hunting, and fishing, as well as other recreational facilities for the use and benefit of the public. (Ord. 1520 § 1, 2002; Ord. 409 § 1, 1956).
2.48.020 Membership – Confirmation.
The membership of the Milton park board as authorized by this chapter shall be composed of seven members who shall be appointed to a definite term by the mayor and confirmed and ratified by the council. All members shall be qualified and interested citizens who reside within the city, and no member shall receive any compensation for his/her service. (Ord. 1520 § 1, 2002; Ord. 1160 § 1, 1991; Ord. 714 § 1, 1976; Ord. 409 Art. I § 1, 1956).
2.48.030 Term of office – Vacancy filling.
The seven members appointed to the board by the mayor shall serve for a term of four years; provided, that two members’ terms shall expire each year with one members’ term expiring approximately each fourth year. Each successor shall be appointed for a term of four years. Vacancies for the remainder of any unexpired term shall be filled through appointment by the mayor and confirmed by the council. Recommendations to fill the vacancy may be submitted by the park board to the mayor at the first regular meeting following such vacancy, or the mayor may select an applicant from the community. (Ord. 1520 § 1, 2002; Ord. 1160 § 2, 1991; Ord. 714 § 1, 1976; Ord. 409 Art. I § 2, 1956).
2.48.040 Replacement for unexcused absences.
A board member having three unexcused absences from regular meetings in one year shall be recommended for replacement by the park board to the mayor. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. I § 3, 1956).
2.48.050 Gift acceptance authority.
The park board shall have the authority to recommend the acceptance of gifts or donations to be used for park and recreation purposes. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. I § 4, 1956).
2.48.060 Meetings – Time and place.
The board shall establish the time and place of regular monthly meetings within its bylaws. Changes to meeting times and places shall be posted pursuant to law. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. II § 1, 1956).
2.48.070 Special meetings authorized when.
Special meetings may be called at any time upon the request of the chairman or any two members; provided, that all members of the park board must be notified prior to any special meeting. Special meetings will be posted. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. II § 2, 1956).
2.48.080 Meetings – Quorum – Order of business.
Four members of the park board shall constitute a quorum at any regular or special meeting. When less than four members are present, the chairman may hold an unofficial meeting and may ask for minutes to be distributed as unofficial minutes. The order of business at meetings of the board shall be determined by the chairman and his prepared agenda. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. II § 3, 1956).
2.48.090 Election of officers.
Annual election of officers shall take place as prescribed within the board’s bylaws. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. III § 1, 1956).
2.48.100 Chairman duties.
It shall be the duty of the chairman to preside at all meetings of the board; to sign such official papers as are approved by the board; to appoint committees; to call special meetings upon the request of two members; and to prepare an agenda to be distributed to all members of the board prior to the next regular meeting. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. III § 2, 1956).
2.48.110 Vice chairman duties.
The vice chairman shall perform the duties of the chairman in the absence of the latter. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. III § 3, 1956).
2.48.120 Secretary duties.
The secretary shall keep a record of all meetings; shall send copies of the minutes to all members for approval at the following meeting; and shall provide copies of the minutes to the city administration. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. III § 4, 1956).
2.48.130 Committees – Appointment.
The chairman shall appoint all committees, unless otherwise provided for by special resolution. Standing committees may be created at any time and shall be reappointed on an annual basis. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. IV § 1, 1956).
2.48.140 Committees – Chairman permitted as ex officio member.
The chairman may be an ex officio member of all committees and as such notified of all committee meetings. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. IV § 2, 1956).
2.48.150 Policy established.
The board may recommend general policies regarding the recreation program, including development, operation and maintenance. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. V § 1, 1956).
2.48.160 Inspection of facilities.
The board may make periodic inspections of recreation areas and facilities to make suggestions regarding their operation and maintenance. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. V § 2, 1956).
2.48.170 Participation in program interpretation.
Repealed by Ord. 1520. (Ord. 714 § 1, 1976; Ord. 409 Art. V § 3, 1956).
2.48.180 Familiarization with recreation programs.
Repealed by Ord. 1520. (Ord. 714 § 1, 1976; Ord. 409 Art. V § 4, 1956).
2.48.190 Long-range program adoption.
The board shall be aware of any long-range program for the acquisition and improvement of recreation areas, and participate in and contribute to this program whenever possible. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. V § 5, 1956).
2.48.200 Sensitivity to public reaction.
The board shall be sensitive to public reaction concerning community recreation and shall welcome suggestions and criticisms and give careful consideration. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. V § 6, 1956).
2.48.210 Encouragement of citizen interest.
The board shall encourage citizen interest and participation in park activities by the enlistment of volunteers and the appointment of committees for special projects. (Ord. 1520 § 1, 2002; Ord. 714 § 1, 1976; Ord. 409 Art. V § 7, 1956).
Chapter 2.50
DEPARTMENT OF SENIORSSections:
2.50.010 Purpose.
2.50.020 Personnel.
2.50.010 Purpose.
The primary purpose of the multiservice Senior Center department within the city is to provide services and programs and to manage the use of the Senior Center for the seniors, but not to exclude youth, minorities, low and moderate income groups and handicapped persons within the city. (Ord. 932 § 1, 1983).
2.50.020 Personnel.
There is created a department within the general administration of the city government to be entitled “seniors.” The department shall be managed by the senior coordinator who shall be appointed by the mayor. The senior coordinator shall be directly responsible to the mayor and the main duties of the job shall consist of the coordinating and planning and budgeting of the various programs and activities for the senior citizens and for the management of the Senior Center of the city. (Ord. 932 § 2, 1983).
Chapter 2.52
BOARD OF ECONOMIC DEVELOPMENT COMMISSIONERSSections:
2.52.010 City of Milton board of economic development commissioners established.
2.52.020 Purpose and authority.
2.52.030 Terms of service.
2.52.040 Removal and vacancies.
2.52.050 Meetings, officers, records and quorum.
2.52.010 City of Milton board of economic development commissioners established.
The city council hereby establishes the board of economic development commissioners. (Ord. 1592 § 1, 2003).
2.52.020 Purpose and authority.
The purpose and authority of the board of economic development commissioners is to advise the city council regarding community-wide economic development issues and to monitor, assess, strengthen and implement the existing strategies of the city of Milton economic development plan as adopted by the city council, provide input on economic development issues, serve as a sounding board for various business community interests, and as the “eyes and ears” for the city in the business community. In addition, the board will, as directed by the city council, participate in community outreach efforts to communicate economic development initiatives that impact the Milton community. (Ord. 1592 § 1, 2003).
2.52.030 Terms of service.
The mayor shall appoint and the council shall confirm eight to 10 board members, seven of whom shall be representative of the industrial, business and residential composition of the city and one to three from the city council as nonvoting liaisons. Members shall serve staggered three-year terms. Initial membership shall be in two three-year terms, three two-year terms and two one-year terms. The board shall serve without compensation. In addition, the council shall appoint one to three liaisons from its membership to serve an annual term on the board. Incumbent council representatives may be reappointed at the discretion of the city council. (Ord. 1639 § 1, 2005; Ord. 1592 § 1, 2003).
2.52.040 Removal and vacancies.
The board may, by majority vote, recommend to the city council removal of an appointed member upon such grounds as may be deemed appropriate. The city council, on its own initiative or by recommendation from the board, by majority vote, may remove any appointed member of the committee and declare the position vacant. If the board loses members during their term of appointment, the mayor shall appoint, and the council shall confirm, replacements. (Ord. 1592 § 1, 2003).
2.52.050 Meetings, officers, records and quorum.
The board’s meetings shall be open and allow for public comment. The board shall elect its own chairperson and vice-chairperson and create and fill such other offices as it may determine it requires. The board shall hold regular meetings no less than every quarter. The board shall keep a record of its meetings, resolutions, transactions, findings and determinations, which record shall be open to public inspection. A majority of the membership of the board shall constitute a quorum for the transaction of business. An agenda shall be prepared by the chairperson or designee of the mayor, and approved by the mayor or a designee of the mayor, and shall be distributed prior to each meeting. (Ord. 1592 § 1, 2003).
Chapter 2.54
HEARING EXAMINERSections:
2.54.010 Short title.
2.54.020 Office created.
2.54.030 Appointment.
2.54.040 Compensation.
2.54.050 Qualifications.
2.54.060 Examiner pro tem – Qualifications and duties.
2.54.070 Conflict of interest.
2.54.080 Unlawful to attempt improper influence.
2.54.090 Duties.
2.54.100 Application – Presentation.
2.54.010 Short title.
This chapter shall be hereinafter known as the “hearing examiner ordinance” and may be cited as such, and shall be hereinafter referred to as “this chapter.” (Ord. 1319 § 2, 1996).
2.54.020 Office created.
The office of the hearing examiner (also referred to as “examiner”) is created. The hearing examiner shall interpret, review, and implement land regulations as provided in this chapter and other ordinances. Unless otherwise specified, the term “hearing examiner” shall likewise include the term “hearing examiner pro tem.” (Ord. 1319 § 2, 1996).
2.54.030 Appointment.
The hearing examiner and hearing examiner pro tem shall be appointed by the mayor with approval of the council and shall serve at the pleasure of the mayor. (Ord. 1319 § 2, 1996).
2.54.040 Compensation.
The examiner and the examiner pro tem will be retained by contract for the performance of duties described in this chapter. The compensation to be paid the examiner and examiner pro tem shall be that in the annual city budget. (Ord. 1319 § 2, 1996).
2.54.050 Qualifications.
The examiner and examiner pro tem shall be appointed solely with regard to their qualifications for the duties of the office. Minimum qualifications shall include being an active member of the State Bar Association and experience in land use quasi-judicial decisionmaking. (Ord. 1319 § 2, 1996).
2.54.060 Examiner pro tem – Qualifications and duties.
The examiner pro tem shall, in the event of the absence or the inability of the examiner to act, have all the duties and powers of the examiner. (Ord. 1319 § 2, 1996).
2.54.070 Conflict of interest.
A. The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with his or her decisionmaking process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict.
B. Participants in the land use regulatory process have the right, insofar as possible, to have the examiner free from personal interest or prehearing contacts on land use regulatory matters considered by him or her. It is recognized that there is a countervailing public right to free access to public officials on any matter. The hearing examiner shall disclose matters involving ex parte contacts, conflicts of interest issues or appearance of fairness issues prior to or at the beginning of any matter. The hearing examiner shall recuse him/herself if the hearing examiner believes his/her review of the case would be deemed a conflict of interest or appearance of fairness violation. (Ord. 1319 § 2, 1996).
2.54.080 Unlawful to attempt improper influence.
No city councilmember, city official, or any other person shall attempt to interfere with, or improperly influence the examiner in the performance of his or her designated duties. (Ord. 1319 § 2, 1996).
2.54.090 Duties.
A. Applications. The examiner shall receive and examine available information, conduct public hearings, prepare the record thereof, and enter findings of fact, conclusions and decisions in the following designated areas:
1. Those areas specified in Chapter 17.64 MMC: variances, conditional use applications and appeals from administrative decisions.
2. Site plan approval applications related to any conditional use application.
3. Reviews and appeals as set forth at MMC 17.61.030, applications considered by the hearing examiner.
4. Variance review pursuant to MMC 13.26.210, stormwater systems.
B. Appeals. Review decisions of the planning and community development director in accord with Chapter 8.24 MMC. (Ord. 1663 § 1, 2006; Ord. 1531 § 2, 2002; Ord. 1325 § 6, 1996; Ord. 1319 § 2, 1996).
2.54.100 Application – Presentation.
Applications for all matters to be heard by the examiner shall be presented to the public works department which shall notify the examiner of receipt. (Ord. 1319 § 2, 1996).
Chapter 2.56
PLANNING COMMISSIONSections:
2.56.010 Created – Membership – Term of office – Vacancy filling.
2.56.020 Powers and duties.
2.56.030 Recommendation and report on legislation.
2.56.040 Plat approval required.
2.56.050 Designation of secretary.
2.56.060 Quorum.
2.56.070 Report to the council.
2.56.010 Created – Membership – Term of office – Vacancy filling.
A. Pursuant to the authority conferred by Chapter 35A.63 RCW, there is created a planning commission, consisting of seven members, who shall be appointed by the mayor and confirmed by the council.
B. The term of office of said members shall be six years and each of the members’ terms shall terminate on May 31st of the year their term ends. The terms of all seven members shall be staggered so that the term of one member shall terminate each year, except for every six years when two members’ terms will expire. The terms of all the appointed members shall be fixed and designated by the mayor at the time of such appointment, pursuant to the terms of this section.
C. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired terms. Members may be removed, after public hearing, by the mayor, with the approval of the council, for inefficiency, neglect of duty or malfeasance in office. The members shall be selected without respect to political affiliation, and they shall serve without compensation. (Ord. 1175 § 1, 1992; Ord. 1161 § 1, 1991; Ord. 589 § 1, 1970; Ord. 411 § 1, 1956).
2.56.020 Powers and duties.
The planning commission shall have all the powers and perform each and all of the duties specified by Chapter 35A.63 RCW,
together with any other duties or authority which may hereafter be conferred upon them by the laws of the state, the performance of such duties and the exercise of such authority to be subject to each and all the limitations expressed in such legislative enactment or enactments. (Ord. 411 § 2, 1956).
2.56.030 Recommendation and report on legislation.
The council may refer to the planning commission for its recommendation and report any ordinance, resolution or other proposal relating to any of the matters and subjects referred to in Chapter 35A.63 RCW or any amendments thereto, and the commission shall promptly report to the council thereon, making such recommendations and giving such counsel as it may deem proper in the premises. (Ord. 411 § 3, 1956).
2.56.040 Plat approval required.
All plats or plans of subdivisions of land within the city or proposed additions, as well as dedications of streets and alleys offered to the council for acceptance shall first be submitted to the planning commission for its recommendation and report, which report shall be made to the council within 30 days after submission, or at such earlier date as the council shall direct. (Ord. 411 § 4, 1956).
2.56.050 Designation of secretary.
The planning commission may designate one of its members to act as secretary without salary, or if requested by the commission, the mayor shall designate a qualified person to serve as secretary, who shall be remunerated from funds allocated to the planning commission. (Ord. 589 § 2, 1970; Ord. 411 § 5, 1956).
2.56.060 Quorum.
A majority of the members of the planning commission shall constitute a quorum for the transaction of business. Any action taken by a majority of those present, when those present constitute a quorum at any regular or special meeting of the planning commission, shall be deemed and taken as the action of the commission. (Ord. 411 § 6, 1956).
2.56.070 Report to the council.
The planning commission, at or before its first regular meeting in February of each year, shall make a full report in writing to the council of its transactions and expenditures, if any, for the preceding year, with such general recommendations as to matters covered by its prescribed duties and authority as may to it seem proper. (Ord. 411 § 7, 1956).
Chapter 2.58
GROWTH MANAGEMENT CITIZENS ADVISORY COMMITTEE(Repealed by Ord. 1692)
CIVIL DEFENSE
(Repealed by Ord. 1362)
Chapter 2.62
EMERGENCY MANAGEMENTSections:
2.62.010 Purposes.
2.62.020 Emergency management policy.
2.62.030 Definitions.
2.62.040 Emergency management advisory committee.
2.62.050 Emergency management advisory committee powers and duties.
2.62.060 Coordinator of emergency management – Office created – Powers and duties generally.
2.62.070 Coordinator of emergency management – Disaster powers.
2.62.080 Proclamation of civil emergency.
2.62.090 Authority of mayor to issue certain orders.
2.62.093 Authority of mayor to enter into contracts and incur obligations.
2.62.095 Use of services and equipment of municipalities and citizens.
2.62.100 Emergency purchases of supplies.
2.62.101 The finance department to review purchases and mutual aid agreements.
2.62.102 Personnel department to register employees and volunteers.
2.62.103 Organization – Generally.
2.62.104 Notification of Governor, news media and public.
2.62.105 Effect on current provisions.
2.62.106 Violations – Penalty.
2.62.010 Purposes.
The declared purposes of this chapter is to provide for the preparation and carrying out of plans for mitigation, preparedness, response and recovery, including mock or practice drills, for the protection of persons and property within the city in the event of a disaster, and to provide for the coordination of the emergency services functions of the city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such emergency management activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 1362 § 1, 1998).
2.62.020 Emergency management policy.
It is the policy of the city to make effective preparation and use of manpower, resources, and facilities for dealing with any emergency or disaster that may occur. Disasters and emergencies, by their very nature, may disrupt or destroy existing systems and the capability of the city to respond to protect life, public health and public property. Therefore, citizens are advised to be prepared to be on their own for up to 72 hours should an emergency or disaster occur. (Ord. 1362 § 1, 1998).
2.62.030 Definitions.
“Disaster” means, but is not limited to, a human-caused or natural event or circumstance within the area of operation of the city of Milton causing or threatening loss of life, damage to the environment, injury to person or property, human suffering and financial loss, such as: fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of hazardous materials, contamination, utility or transportation emergencies, disease, infestation, civil disturbance, riots, act of terrorism or sabotage; said event being or is likely to be beyond the capacity of the city, in terms of personnel, equipment and facilities, hereby requiring disaster assistance.
“Emergency management” means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to minimize and repair injury and damage resulting from disasters caused by fire, flood, storm, earthquake, or other natural causes, or by civil disturbance, or by enemy attack, sabotage, or other hostile action; and to provide support for search and rescue operations for persons and property in distress. These functions include without limitation: firefighting services; police services; medical and health services; rescue, public works, air raid warning services; communications; radiological, chemical and other special weapons defense; evacuation of persons from stricken areas; emergency welfare services; emergency transportation; existing or properly assigned functions of plant protection; temporary restoration of public utility services and other functions related to civilian protection; together with all other activities necessary or incidental to the preparation and for carrying out of the foregoing functions. It shall not include, nor do any provisions of this chapter apply to, any condition relating to a legally conducted labor controversy. (Ord. 1523 § 1, 2003; Ord. 1362 § 1, 1998).
2.62.040 Emergency management advisory committee.
A. Membership. The emergency management advisory committee is hereby created and shall consist of the following:
1. The mayor, who shall be chairman.
2. The coordinator of emergency management, who shall be vice chairman.
3. Fire chief, chief of police, public works director, city clerk-treasurer, finance director, planning and community development director, parks and recreation director, building official, human resources director and the city attorney.
4. The terms of the members are to last so long as they hold the municipal position, which qualifies them for membership under this chapter, and thereafter their successor shall automatically become a member.
5. The mayor pro tem, representing the city council, and an alternate member of the city council appointed by the mayor.
6. Such representatives of civic, business, labor, veterans, professional or other organizations having an official group or organization civil emergency responsibility or other citizens of the community as appointed by the mayor. (Ord. 1663 § 2, 2006; Ord. 1523 § 2, 2003; Ord. 1484 § 1, 2001; Ord. 1362 § 1, 1998).
2.62.050 Emergency management advisory committee powers and duties.
It shall be the duty of the city’s emergency management advisory committee, and it is hereby empowered, to review and recommend for adoption, emergency services and mutual aid plans and agreements and such resolutions, rules and regulations as are necessary to implement such plans and agreements. The emergency management advisory committee shall meet at least annually, or as needed upon the call of the chairman or, in his/her absence from the city or his/her inability to call such meeting, upon the call of the vice chairman. Members of the committee, and the news media who have requested notification, shall be notified of each meeting, or of the cancellation of any meeting, by written notice.
The committee shall:
A. Advise the mayor on all matters pertaining to disaster readiness and response capabilities within the city.
B. Periodically review and make recommendations for the revision and/or maintenance of up-to-date disaster response plans for the city consistent with Chapter 38.52 RCW and including:
1. Preparations for and the carrying out of executive emergency powers;
2. The delegation and sub-delegation of administrative authority by the mayor;
3. The performance of emergency functions including firefighting, police, medical and health, welfare, rescue, engineering, transportation, communications, and warning services, evacuation of persons from stricken areas, plant protection, restoration of utility services, and other functions relating to civilian protection together with all activities necessary or incidental to the preparation for and carrying out of such functions;
4. Requirements for department operation including management succession, procedures for providing 24-hour capability, mobilization procedures, special disaster response procedures, plans for records protection, personnel procedures, finance plans, and training procedures for disaster response.
C. Provide cooperation and coordination with the disaster response plans of other local organizations and agencies.
D. Prepare and recommend to the mayor plans for mutual aid operations with the state and political subdivisions thereof.
E. Recommend expenditures for disaster preparations and training. A majority of the committee shall constitute a quorum for the transaction of business. Any action taken by a majority of those present at any meeting shall be deemed the action of the committee. (Ord. 1523 § 3, 2003; Ord. 1362 § 1, 1998).
2.62.060 Coordinator of emergency management – Office created – Powers and duties generally.
A. The office of coordinator of emergency management is hereby created. Such officer shall be appointed by and report to the mayor.
B. The coordinator is empowered and directed to:
1. Prepare an emergency management operating plan for the city conforming to the county and state emergency management plan and program.
2. Control and direct the effort of the emergency management of the city for the accomplishment of the purposes of this chapter.
3. Direct coordination and cooperation between divisions, services and staff of the emergency management organization of the city, and resolve questions of authority and responsibility that may arise between them.
4. Represent the emergency management organization of the city in all dealings with public or private agencies pertaining to emergency management.
5. The city may form its own “department of emergency management,” or it may contract pursuant to Chapter 39.34 RCW for emergency management services with another political subdivision which does have an approved emergency management program in accordance with Chapter 38.52 RCW. The coordinator of emergency management shall coordinate either option. (Ord. 1362 § 1, 1998).
2.62.070 Coordinator of emergency management – Disaster powers.
In the event of disaster as provided in this chapter, the coordinator is empowered to:
A. Direct and control matters reasonably related to the protection of life and property as affected by such disaster.
B. Obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use.
C. Require emergency services of any city officer or employee and, in the event of a proclamation by the Governor of the existence of a disaster, command the aid of as many citizens of the city as he/she considers necessary in the execution of his/her duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency services workers.
D. Execute all of the special powers conferred upon him/her by this chapter or by resolution adopted pursuant to this chapter, all powers conferred upon him/her by statute, agreement approved by the emergency management advisory committee or by any other lawful authority.
E. Requisition necessary personnel or material of any city department or agency. (Ord. 1523 § 4, 2003; Ord. 1362 § 1, 1998).
2.62.080 Proclamation of civil emergency.
A. Whenever riots, unlawful assembly, insurrection, other disturbance, the imminent threat thereof, or any fire, flood, storm, earthquake, or other natural catastrophe or disaster occurs in the city and results in, or threatens to result in, the death or injury of persons or the destruction of property or the disruption of local government to such an extent as to require, in the judgment of the mayor, extraordinary measures to prevent the death or injury of persons, to protect the public peace, safety and welfare, and alleviate damage, loss, hardship or suffering, the mayor shall forthwith proclaim in writing the existence of a civil emergency at which time a civil emergency shall be deemed to exist.
B. Such civil emergency shall cease to exist upon the issuance of a proclamation by the mayor terminating the civil emergency. Such proclamation shall be issued by the mayor when such extraordinary measures are no longer required for the protection of the public peace, safety, and welfare.
C. Any such proclamation by the mayor shall at the earliest practicable time be presented to the city council. (Ord. 1523 § 5, 2003; Ord. 1362 § 1, 1998).
2.62.090 Authority of mayor to issue certain orders.
Upon the proclamation of a civil emergency by the mayor, and during the existence of such civil emergency, the mayor may make and proclaim any or all of the following orders:
A. An order imposing a general curfew applicable to the city as a whole, or to such geographical area or areas of the city and during such hours, as he deems necessary, which effective hours and affected area or areas may be modified from time to time.
B. An order requiring any or all business establishments to close and remain closed until further order.
C. An order requiring the closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided, that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages and in which such alcoholic beverages may be removed or made secure from possible unauthorized seizure, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the mayor, be allowed to remain open.
D. An order requiring the discontinuance of the sale, distribution or giving away of alcoholic beverages in any or all parts of the city.
E. An order requiring the discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.
F. An order closing to the public any or all public places including, but not limited to, public ways, schools, parks, amusement areas, and public buildings.
G. An order prohibiting the carrying or possession of a firearm or any instrument which is cable of producing bodily harm and which is carried or possessed with intent to use the same to cause such harm; provided, that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties.
H. An order requesting federal and/or state assistance in combating such civil emergency.
I. An order establishing economic controls in aid of and supplementary to and consistent with federal orders relating to price stabilization or controls including: the convening and establishing of ration accounts, monitoring price control operations and reporting violations to appropriate authorities, assisting in providing essential supplies to disaster victims, advising appropriate authorities concerning rationing, price control, wage and rent controls and allocation of food and other essential commodities.
J. An order directing the use of all public and private health, medical, and convalescent facilities and equipment to provide emergency health and medical care for injured persons.
K. An order authorizing, in cooperation with utility management and appropriate state and federal agencies, the shutting off, restoration, and operation of utility services in accordance with priorities established for combating such civil emergency.
L. An order providing for the evacuation and reception of the population of the city or any part thereof.
M. Such other orders as are imminently necessary for the protection of life and property. (Ord. 1362 § 1, 1998).
2.62.093 Authority of mayor to enter into contracts and incur obligations.
Upon the proclamation by the mayor of a civil emergency resulting from a disaster caused by fire, flood, storm, earthquake, or other natural causes, or by civil disturbance, or by enemy attack, sabotage, or other hostile action, and during the existence of such disaster, the mayor, in carrying out the provisions of Chapter 38.52 RCW, shall have the power by order to enter into contracts and incur obligations necessary to combat such disaster, protect the health and safety of persons and property, and provide emergency assistance to the victims of such disaster. Such powers shall be exercised in the light of the urgency of the situation without regard to time-consuming procedures and formalities prescribed by ordinance (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations and requirements of competitive bidding and publication of notices pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds; provided, that the mayor shall, wherever practicable, advise and consult with the city council with respect to disaster response activities, and any such order shall at the earliest practicable time be presented to the city council for review and appropriate legislation including:
A. Findings by resolution with respect to actions taken;
B. Authorization of payment for services, supplies, equipment loans and commandeered property used during disaster response activities;
C. Approval of donations, grants or loans accepted by the mayor during the emergency;
D. Levy of taxes to meet costs of disaster response and recovery operation;
E. The city clerk-treasurer, finance director or emergency interim successor shall be authorized to draw and to pay the necessary checks for expenditures made pursuant to this section. (Ord. 1523 § 6, 2003; Ord. 1362 § 1, 1998).
2.62.095 Use of services and equipment of municipalities and citizens.*
In addition to and/or in connection with the exercise of the powers specified in MMC 2.62.060 and 2.62.070, the mayor shall in accordance with Chapter 38.52 RCW and in carrying out the provisions thereof:
A. Utilize to the maximum extent practicable the services, equipment, supplies and facilities of existing departments, offices, and agencies of the city, state and other municipal corporations organized under the laws of the state; and
B. In the event of a disaster and upon the proclamation by the Governor of the existence of such disaster, command the service and equipment of as many citizens as the mayor considers necessary in the light of the disaster proclaimed; provided, that citizens so commandeered shall be entitled during the period of such service to all privileges, benefits, and immunities as are provided by Chapter 38.52 RCW and federal and state civil defense regulations for registered emergency services workers. (Ord. 1362 § 1, 1998).
*This section was editorially renumbered from 2.62.101 to 2.62.095 to avoid section number duplication.
2.62.100 Emergency purchases of supplies.
Upon the proclamation of a civil emergency by the mayor, and during the existence thereof, emergency purchases of supplies, materials and equipment are authorized to be made in accordance with the following procedure:
A. Emergency purchasing forms shall be provided by the finance department for use for all emergency purchases or contracting for supplies, materials or labor during the existence of such emergency, which forms shall provide for the filling in of appropriate prescribed information which shall include date and time of purchase, name and address of supplier, quantity, unit, description, unit price, and total price of item, name and appropriate identification number from the identification card of the person making the purchase, date required and date delivered, description of use of item, including disaster work order number, description of disaster work and location of use, and name and appropriate identification number from the identification card of the person receiving the item.
B. An identification card shall be used in all cases to verify that the purchaser is authorized by the city to make emergency purchases.
C. A log of all purchases made during any emergency shall be maintained by each department.
D. The heads of departments using emergency purchase forms shall account for all costs incurred in making such purchases.
E. Upon termination of the emergency, the heads of departments shall review all emergency purchase orders issued by their respective departments, and shall verify and authenticate such orders, and submit a summary thereof through the purchasing agent to the city council for authorization of payment. (Ord. 1362 § 1, 1998).
2.62.101 The finance department to review purchases and mutual aid agreements.
The finance department, in cooperation with the city departments making purchases or expenditures during the existence of an emergency, shall review all such purchases or expenditures for potential reimbursement under appropriate state or federal disaster assistance programs or other available state or federal grant funds.
The finance department shall also review all mutual aid agreements and services received thereunder by the city during any such civil emergency and shall certify the services received and any payment due therefor. (Ord. 1362 § 1, 1998).
2.62.102 Personnel department to register employees and volunteers.
All city departments shall be responsible to report to the municipal court staff all use of volunteers as civil disaster or emergency service workers. The municipal court staff with the cooperation of city departments shall be responsible for the registration of city employees and volunteers as civil disaster or emergency services workers pursuant to Chapter 38.52 RCW and Chapter 118-04 WAC, and shall formulate and recommend a plan and program for compensation and reimbursement of persons so registered. (Ord. 1523 § 7, 2003; Ord. 1362 § 1, 1998).
2.62.103 Organization – Generally.
All officers and employees of the city, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who, by agreement or operation of law, including persons pressed into service under the provisions of MMC 2.62.070(C), may be charged with duties incident to the protection of life and property in the city during disaster and shall constitute the emergency management organization of the city. (Ord. 1362 § 1, 1998).
2.62.104 Notification of Governor, news media and public.
The mayor shall cause any proclamation issued by him pursuant to the authority of this chapter to be delivered to the Governor of the state and, to the extent practicable, to all news media within the city, and shall utilize such other available means, including public address systems, as shall be necessary in his judgement to give notice of such proclamations to the public. (Ord. 1362 § 1, 1998).
2.62.105 Effect on current provisions.
It is the intent of the city council in enacting this chapter that the status of volunteers shall not be affected by the repeal of Chapter 2.60 MMC; nor shall emergency management mutual aid plans and agreements, rules and regulations or resolutions adopted pursuant to such repealed chapter, to the extent they are not in conflict with this chapter, be affected by such repeal until amended, modified, or superseded as provided in this chapter. (Ord. 1362 § 1, 1998).
2.62.106 Violations – Penalty.
It is a misdemeanor for a first offense and gross misdemeanor for any additional offense for any person during a disaster to:
A. Willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon them by virtue of this chapter;
B. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof;
C. Wear, carry or display, without authority, any means of identification specified by the State Department of Emergency Management.
Misdemeanors and gross misdemeanors shall be subject to the penalties identified in RCW 9A.20.021, as now or hereafter amended. (Ord. 1523 § 8, 2003; Ord. 1362 § 1, 1998).
Chapter 2.64
CONTINUITY OF GOVERNMENTSections:
2.64.010 Short title.
2.64.020 Definitions.
2.64.030 Designation, status, qualifications and term of emergency interim successors.
2.64.040 Assumption of powers and duties of officer by emergency interim successor.
2.64.050 Recording and publication.
2.64.060 Repealed.
2.64.070 Quorum and vote requirements.
2.64.010 Short title.
This chapter shall be known and may be cited as the “Continuity of Government.” (Ord. 1361 § 1, 1998).
2.64.020 Definitions.
As used in this chapter, the following definitions shall apply unless the context clearly indicates otherwise:
A. “Civil emergency” shall mean injury and damage resulting from disasters caused by enemy attack, sabotage, or other hostile actions, or by fire, flood, storm, earthquake or other natural causes.
B. “Disaster” means, but is not limited to, a human-caused or natural event or circumstance within the area of operation of any participating or subscribing organization causing or threatening loss of life, damage to the environment, injury to person or property, human suffering and financial loss, such as: fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of hazardous materials, contamination, utility or transportation emergencies, disease, infestation, civil disturbance, riots, acts of terrorism or sabotage; said event being or is likely to be beyond the capacity of the city, in terms of personnel, equipment and facilities, hereby requiring disaster assistance.
C. “Emergency interim successor” shall mean a person designated pursuant to this chapter for possible temporary succession to the powers and duties, but not the office, of a city officer in the event that such officer or any duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office.
D. “Sickness or injury incident” shall mean events or a series of events which may occur involving one or more key executive, administrative or legislative officials of the city, who could fall victim to an individual, concurrent or common injury or sickness which could disturb the usual and normal continuity of the city’s government.
E. “Unavailable” shall mean either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office. (Ord. 1523 § 9, 2003; Ord. 1361 § 1, 1998).
2.64.030 Designation, status, qualifications and term of emergency interim successors.
A. Appointive Officers. The mayor shall, within 30 days following the effective date of the ordinance codified in this chapter, designate an emergency interim successor to each of the following officials: city attorney, chief of police, fire chief, public works director, finance director, city clerk-treasurer, human resources director, and planning and community development director.
B. Status of Emergency Interim Successor. A person designated as an emergency interim successor shall serve at the pleasure of the mayor; provided, that he/she shall be replaced if removed. He/she retains this designation as emergency interim successor until replaced by the mayor.
C. Required Order of Succession. The normal succession of office for administrative and legislative officials shall be:
1. Mayor to mayor pro tem.
2. Mayor pro tem to the remainder of the council in the order of seniority as a city council member. In the event of two or more council members having equal tenure, the order of succession shall be determined on the basis of the largest number of votes received at the most recent general election.
3. Should the mayor and all city council members be incapacitated or otherwise unable to perform their duties for any reason, and until such time as they are able to resume their duties, or until a normal process of appointment or election can provide successors in order to assure the continuity and availability of governmental services, the succession for administrative purposes shall continue to the administrative heads of the departments of city government or their successors.
4. The order of succession by department heads shall be as follows:
a. City clerk-treasurer;
b. Police chief;
c. Public works director;
d. Finance director;
e. Planning and community development director; and
f. Parks and recreation director. (Ord. 1663 §§ 3, 4, 2006; Ord. 1523 § 10, 2003; Ord. 1361 § 1, 1998).
2.64.040 Assumption of powers and duties of officer by emergency interim successor.
If in the event of a civil emergency, sickness, or injury incident, any officer named in MMC 2.64.030(A) is unavailable, his/her emergency interim successor highest in rank in order of succession who is available shall, except for the power and duty to appoint emergency interim successors, exercise the powers and discharge the duties of such officer. An emergency interim successor shall exercise these powers and discharge these duties only until such time as the lawful incumbent officer or an emergency interim successor higher in rank in order of succession exercises, or resumes the exercise of, the powers and discharge of the duties of the office, or until, where an actual vacancy exists, a successor is appointed to fill such vacancy or is elected and qualified as provided by law. (Ord. 1361 § 1, 1998).
2.64.050 Recording and publication.
The name, address and position of each duly authorized emergency interim successor shall be filed with the city clerk-treasurer and each designation or replacement of an emergency interim successor shall become effective when the designator files with the city clerk-treasurer the successor’s name, address and position. The city clerk-treasurer shall keep on file all such data regarding duly authorized emergency interim successors and it shall be open to public inspection. (Ord. 1523 § 11, 2003; Ord. 1361 § 1, 1998).
2.64.060 Formalities of taking office.
Repealed by Ord. 1523. (Ord. 1361 § 1, 1998).
2.64.070 Quorum and vote requirements.
In the event of a disaster, (A) quorum requirements for the city council shall be suspended; and (B) where the affirmative vote of a specified proportion of members for approval of an ordinance, resolution or other action would otherwise be required, a majority of those present shall be sufficient. (Ord. 1523 § 13, 2003; Ord. 1361 § 1, 1998).
Chapter 2.68
PUBLIC BUILDING USE*Sections:
2.68.010 Application for use of city facilities.
2.68.020 Community building and multipurpose service center – Use approval guidelines.
2.68.030 Community building and multipurpose service center – Building rules.
2.68.040 Community building – Rental fees and deposits.
2.68.050 Multipurpose service center – Rental fees and deposits.
2.68.060 Community building and multipurpose service center – Damage/reservation deposit.
2.68.070 City Hall – Use approval guidelines.
*Prior legislation: Ords. 902, 1050, 1078, 1079, and 1130.
Code reviser’s note: Ord. 1471 reenacts Ord. 1427 in its entirety.
2.68.010 Application for use of city facilities.
Prior to the use of any city facilities, an application must be made on the application form provided by the city. All information requested on the application must be provided in detail by a responsible representative of the group requesting use of the facilities. The city clerk or a designated representative shall sign the application indicating that the requested dates are available and that the nature of the intended use is approved. All application must be received at least 10 days prior to the date of intended use. (Ord. 1427 § 1, 1999).
2.68.020 Community building and multipurpose service center – Use approval guidelines.
Guidelines for approval of community building and multipurpose service center uses are as follows:
A. The use of the facilities may not be restricted on the basis of race, sex, religious affiliation, national origin or political affiliation.
B. Proposed uses will be limited to activities such as organization meetings, family reunions, anniversary dinners, wedding receptions, etc.
C. The scheduling of dates for the usage of the facilities will be the responsibility of the city clerk or designee.
D. The city clerk may reject any application if, in their judgement, the anticipated use would not comply with the intent of this chapter.
E. Registered nonprofit organizations will be allowed to use the multipurpose center with no rental charge Monday through Friday (all days starting at 8:00 a.m. and ending at 5:00 p.m.). Said groups will, however, not be exempt from responsibilities of damage or cleaning and shall pay a fee for use of the facilities for supplies, utilities, etc. All registered nonprofit organizations must submit with the application a copy of their registration papers certifying they are a registered nonprofit organization.
F. Right to Revoke Permits. The city reserves the right to revoke or cancel any permit given and to refund any payment made for the use of facilities where it is deemed such action is advisable. Applicant will be given prompt notice of cancellation. (Ord. 1427 § 1, 1999).
2.68.030 Community building and multipurpose service center – Building rules.
A. Applications for use of community building and/or multipurpose service center will be approved on a first-come, first-served basis with city programs given priority.
B. Nighttime use of the multipurpose service center from Sunday through Thursday is 6:00 p.m. to 11:00 p.m. Friday and Saturday night use of the multipurpose service center can be from 6:00 p.m. to 2:00 a.m.
C. Daytime use of the multipurpose service center can be from Sunday through Saturday with daytime defined as 8:00 a.m. to 5:00 p.m.
D. Use of the community building will be on a 24-hour a day Sunday through Saturday basis.
1. In reference to subsections B and C of this section, if there are not conflicting rentals, the city clerk has the discretion to allow the renter the usage of the building a reasonable time before the rental in preparation of the event.
E. Occupancy is limited to the number posted by the fire marshal.
F. Special equipment needed must be provided by the user.
G. All cleaning of the facilities is the responsibility of the applicant and it must be left in the same condition in which it was found on the inside of the building and the adjacent grounds utilized by the applicant for the function or any parking of the guests of the applicant. Applicants are required to remove, at their expense, all materials, equipment, furnishings, or rubbish left after use of the facility. The deposit will be retained until all items are removed and the key returned. If the facility is not left in a clean and undamaged condition, the full amount required for cleaning and/or repairs will be deducted from the deposit. If the cleaning and repairs costs exceed the amount on deposit, the city will invoice the applicant for the outstanding amount owed. If no damage is incurred, all items are removed, key is returned, and the building is clean, the deposit will be returned to the applicant within seven working days.
H. Alcohol in the multipurpose service center requires the applicant to obtain a banquet permit, which must be displayed in the facility at the time of the use and a copy must be given two working days prior to the rental to the city clerk or designee and attached to the rental form. No alcohol will be allowed in the community building.
I. No smoking is allowed in any city facility. (Ord. 1427 § 1, 1999).
2.68.040 Community building – Rental fees and deposits.
A. Community Building (1400 15th Avenue).
1.
Nonprofit Organizations:
Hourly
(1-hour maximum)
Building and grounds
$
5.00
per hour
Damage/cleaning deposit
$
125.00
Refundable key deposit
$
25.00
2.
Individual or For-Profit Organizations:
Building and grounds
$
25.00
per hour
Damage/cleaning deposit
$
275.00
Refundable key deposit
$
25.00
3.
Governmental Agencies:
Building and grounds
No charge
Damage/cleaning
Proof of insurance
B. Use by governmental agencies is subject to the availability of the facility and is at the discretion of the city clerk. Prior to use the said agency shall provide proof of insurance, and sign a hold harmless and damage agreement covering the use of the facility. (Ord. 1461 § 1, 2000; Ord. 1439 § 1, 2000; Ord. 1427 § 1, 1999).
2.68.050 Multipurpose service center – Rental fees and deposits.
A. Multipurpose Service Center (1000 Laurel Street).
Building and grounds: $75.00 per hour, including attendant (three-hour minimum); $600.00 for 10-hour block including attendant.
Deposit: $500.00.
(The city shall provide an attendant to be present during every rental of the center. The cost of the attendant is included in the rental fee.)
B. No deposit or any other fee will be charged to any accredited college, junior college, vocational school, etc., utilizing this facility when used in connection with the activities provided by the city, but the instructor shall be responsible for assisting in any required setting up of the facility and for any restoration required and shall further be responsible to assist with cleanup after each class session. The institution sponsoring the class shall be responsible for any damage to the building or any of the fixtures within the building.
C. Multipurpose Service Center – Continuous Lease. A nonprofit organization desiring to establish a continuous lease agreement for use of the multipurpose center for a set time and day for a one-year period through implementation of a contract may request such an agreement by contacting the city clerk. The agreement, if the dates and times are available, will be submitted to the mayor and council for approval. The agreement will set the rate and requirements for the use of the center by that organization and may supersede those rates and requirements listed in subsections A and B of this section. (Ord. 1512 § 1, 2002; Ord. 1427 § 1, 1999).
2.68.060 Community building and multipurpose service center – Damage/reservation deposit.
A. Damage/reservation deposit is payable at the time of the application. Cancellation of the facilities rental agreement prior to the scheduled event shall result in a forfeiture of one-half of the deposit. Partial deposit balance to be returned within seven working days.
B. The city shall not be liable for injuries or loss of property or vandalism resulting from use of premises or the adjacent parking areas. (Ord. 1427 § 1, 1999).
2.68.070 City Hall – Use approval guidelines.
A. Application Process for the Use of the City Hall.
1. Only Milton advisory boards and commissions or other municipalities or governmental agencies may apply to use the City Hall. Other municipalities or governmental agencies are required to submit a completed application seven days prior to use.
2. The city clerk may reject any application if the anticipated use would not comply with the intent of this chapter or if the event would result in creating potentially unsafe conditions, i.e., overcrowding.
3. Right to Revoke Permits. The city reserves the right to revoke or cancel any permit given and to refund any payment made for the use of facilities where it is deemed such action is advisable. Applicant will be given prompt notice of cancellation.
4. City Hall use by other municipalities or governmental agencies shall be restricted to weekdays during normal office hours (8:00 a.m. to 5:00 p.m.).
B. Cleaning and Damage.
1. Other municipalities or governmental agencies shall be responsible for any cleanup or damage of City Hall facilities during their usage.
2. An inspection of the facility by the city clerk or designee shall be made before the applicant uses the facility. The same person who inspected the facility before it was used shall inspect the facility after it is used. If the building is not in the same condition after the applicant’s use, the applicant shall be invoiced for any expenses incurred by Milton in the repair or cleanup of the facilities. (Ord. 1427 § 1, 1999).
Chapter 2.70
SMALL WORKS ROSTERSections:
2.70.010 Established.
2.70.020 Procedure – Contractor qualifications.
2.70.030 Utilization.
2.70.010 Established.
There is established for the city of Milton, a small works roster comprised of all responsible contractors who request to be on the roster and who are, where required by law, properly licensed or registered to perform contracting work in the state of Washington. (Ord. 1238 § 1, 1994; Ord. 1196 § 1, 1992).
2.70.020 Procedure – Contractor qualifications.
The small works roster shall be established as follows:
A. At least twice every year, the city of Milton shall advertise in a newspaper of general circulation the existence of a small works roster for the city of Milton and solicit names of contractors for such roster. The city shall add to the roster those contractors who respond to the advertisement and request to be included on the roster or rosters.
B. In order to be included on the roster, the contractor shall supply information as follows in response to a standard form questionnaire to be developed at the direction of the city council:
1. The contractor’s state license or registration, where required by law;
2. The contractor’s financial standing and responsibilities;
3. The contractor’s experience, organization, and technical qualifications necessary to perform proposed contracts;
4. The contractor’s ability to comply with the required performance schedules taking into consideration its existing business commitments;
5. The contractor’s satisfactory record of performance, integrity, judgment, and skills;
6. The contractor’s ready availability to perform work in and for the city of Milton;
7. Such other information as may be secured concerning the contractor’s ability to satisfactorily perform a contract with the city of Milton.
C. The questionnaire required in subsection B shall be sworn before a notary public, and shall be submitted once a year and at such other times as the Milton city council shall require. (Ord. 1238 § 2, 1994; Ord. 1196 § 2, 1992).
2.70.030 Utilization.
The small works roster shall be utilized as follows:
A. Whenever the city of Milton seeks to construct any public work or improvement, the estimated cost of which, including cost of material, supplies and equipment is $200,000 or less, the small works roster may be utilized. The city of Milton may create a single general small works roster, or it may create a small works roster for different categories of work.
B. When the small works roster is utilized, the city of Milton shall invite proposals from all appropriate contractors on the small works roster including, whenever possible, at least one proposal from a minority or woman contractor who otherwise qualifies.
C. The invitation to the contractor on the small works roster shall include an estimate of the scope and nature of the work to be performed and materials and equipment to be furnished.
D. When awarding a contract for work under the small works roster, the city of Milton shall award the contract to the contractor submitting the lowest responsible bid, provided, however, that the city of Milton reserves its right under applicable law to reject any or all bids, and to waive procedural irregularities.
E. The public works director shall establish written procedures for securing telephone or written quotations from the contractors on the general small works roster, or a specific small works roster for the appropriate category of work, to assure that a competitive price is established and to award contracts to the lowest responsible bidder. Whenever possible at least five contractors shall be invited to submit bids. Once a contractor has been afforded an opportunity to submit a proposal, that contractor shall not be offered another opportunity until all other appropriate contractors on the small works roster have been afforded an opportunity to submit a proposal on the contract.
F. A contract awarded from a small works roster need not be advertised.
G. Immediately after an award is made, the bid quotations shall be recorded, open to public inspection, and available by telephone inquiry. (Ord. 1603 § 1, 2003; Ord. 1238 § 3, 1994; Ord. 1196 § 3, 1992).
Chapter 2.72
VENDOR QUOTATIONSSections:
2.72.010 Solicitation procedures.
2.72.010 Solicitation procedures.
The mayor, or his/her designee, may solicit telephone and/or written quotations for purchase of materials, equipment or supplies, in an amount between $7,500 and $15,000; provided, that the following procedures are followed:
A. Whenever possible, not less than three prospective vendors shall be contacted by telephone or by letter and advised as to the specifications for the item or items for which quotations are being sought. The number of vendors contacted may be reduced if the item or items being sought are only available from a smaller number of vendors. An explanation shall be placed in the procurement file when fewer than three bids are requested, or if there are fewer than three replies. Bid specifications should, whenever possible, be drafted to permit at least three vendors to qualify as prospective bidders.
B. Whenever possible, bids will be solicited on a lump sum or fixed unit price basis.
C. Telephone or written requests for quotations shall specify at a minimum the following:
1. Item(s) to be purchased;
2. Number of units;
3. Tax;
4. Delivery time requirements;
5. Freight costs;
6. Point of delivery;
7. Terms of payment.
D. Tabulation of telephone or written quotations shall be on forms provided by administration-finance, and shall include at a minimum the information described in subsection C of this section.
E. Upon written authorization of the mayor or his/her designee, the materials, equipment or supplies will be ordered from the lowest responsible bidder, whose quotation meets all specifications established for the item or items being purchased.
F. Written confirmation of telephone quotations from responsible vendors is not required, but may be requested when warranted.
G. Immediately after the award is made, the bid quotations are to be recorded and open to public inspection and are to be available by telephone inquiry. (Ord. 1640 § 1, 2005; Ord. 1197 § 1, 1992).
Chapter 2.745
PERSONNEL POLICIES AND PROCEDURES MANUALSections:
2.74.010 Exit interview.
2.74.020 Outside travel expenses.
2.74.030 Retirement.
2.74.040 Workmen’s compensation.
2.74.050 Medical insurance.
2.74.060 Retirement – City contribution.
2.74.070 Longevity.
2.74.010 Exit interview.
The chief administrative officer may conduct or have conducted an exit interview with employees leaving employment if, in their opinion, information can be gained which will improve or enhance present operating procedures. (Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983. Formerly 2.78.060).
2.74.020 Outside travel expenses.
When employees are required to travel outside the city on city business, reimbursement for expenses incurred shall be determined as follows:
A. The employee shall first receive approval for the trip from the department director. Prearrangement for the accommodations and mode of travel will be made by the administration prior to employee’s departure.
B. Travel on official business outside the city by a single individual should be via public carrier or city-owned vehicle; however, if a private vehicle is used, mileage should be paid at the rate per mile currently allowed by the Internal Revenue Service. City vehicles shall not be used for private purposes.
C. Reimbursement for subsistence on official trips shall only be for the amount of actual and reasonable expenses incurred during the performance of official duty as a city employee for the city’s benefit. (Ord. 1440 § 1, 2000; Ord. 1386 § 3, 1998; Ord. 1190 § 1, 1992; Ord. 933 § 2, 1983. Formerly 2.78.230).
2.74.030 Retirement.
Employees shall retire as so provided under PERS and LEOFF rules. In all instances, the retirement date shall be the last day of the calendar month in which the employee has reached the designated retirement age. Employees shall be required to contribute to Public Employees Retirement System and Law Enforcement Officers and Firefighters Retirement System of the state as per Chapter 41.40 RCW. Rates of contributions shall be adjusted from time to time by current state legislation. (Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983. Formerly 2.80.080).
2.74.040 Workmen’s compensation.
A. All non-uniformed employees of the city will be covered by state workmen’s compensation or some program with equal benefits. Any employee receiving sick leave with pay who is eligible for time-loss payment under the workmen’s compensation law shall, for the duration of such payments, receive only that portion of his/her regular salary which, together with said payments, will equal her/his regular salary. In order not to work an undue hardship on the employee caused by the time lag involved in time-loss payments, the employee shall be paid his/her full salary and on receipt of time-loss payments, shall endorse such payments to the city.
B. Full-time uniformed employees are provided such coverage under the LEOFF system as defined by Chapter 41.26 RCW. (Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983. Formerly 2.88.160).
2.74.050 Medical insurance.
Medical insurance will be provided at the expense of the city for all full-time and part-time regular employees and dependents. The city will also provide dental and vision coverage for the full-time and part-time regular employees and dependents. A group life insurance policy with $10,000 coverage for all full-time and part-time regular employees will be provided. (Ord. 1386 § 3, 1998; Ord. 1069 § 1, 1988; Ord. 933 § 2, 1983. Formerly 2.88.170).
2.74.060 Retirement – City contribution.
The city shall contribute to Public Employees Retirement System and Law Enforcement Officers and Firefighters Retirement Systems of the state on a monthly basis as required by RCW Title 41. The percent of contribution shall be determined by current state legislation. (Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983. Formerly 2.88.180).
2.74.070 Longevity.
Every employee within the city shall be entitled to longevity pay according to the following schedule:
Years continued employment
Bonus pay over the top of base pay (based upon gross wages)
5 – 9 years
One percent (1%)
10 – 14 years
Two percent (2%)
15 and over
Three percent (3%)
(Ord. 1386 § 3, 1998. Formerly 2.88.190).
Chapter 2.82
PERSONNEL – JOB DESCRIPTIONS6Sections:
2.82.010 Appointive and elected positions.
2.82.020 City clerk-treasurer.
2.82.030 Deputy clerk-treasurer.
2.82.040 –
2.82.110 Repealed.
2.82.120 Fire captain.
2.82.130 Volunteer firefighter.
2.82.140 Fire department utility maintenance worker.
2.82.150 –
2.82.270 Repealed.
2.82.280 Assistant fire chief.
2.82.290 Repealed.
2.82.300 Repealed.
2.82.310 Police chief.
2.82.320 –
2.82.410 Repealed.
2.82.420 Fire equipment officer.
2.82.430 Repealed.
2.82.440 Fire administrative assistant.
2.82.010 Appointive and elected positions.
Job Codes
Position Title
100
Mayor
110
Councilmember
115
Attorney
120
Clerk2
125
Treasurer2
140
Municipal Court Judge
City Administrator
(Ord. 1686 § 3, 2006; Ord. 1072 § 1, 1988).
2.82.020 City clerk-treasurer.7
Code No. 130. Shall be the custodian of the city seal. May administer oaths or affirmations and certify to the city, and may take affidavits and depositions to be used in any court or proceeding in the state. Shall make quarterly statements indicating the receipts and expenditures of the city and a full detailed statement annually. Shall perform such other services as may be required by statute or by ordinances of the council. Shall keep a full and true account of all the proceedings of the council. May serve as the secretary to the board of adjustment and planning commission. Shall fulfill the statutory duties as prescribed by the laws of the state as provided by RCW 35A.42.040 and 35A.42.010. (Ord. 1180 § 1, 1992; Ord. 1072 § 1, 1988).
2.82.030 Deputy clerk-treasurer.
The deputy clerk-treasurer shall be under the direction and supervision of the city clerk-treasurer and shall assist the city clerk-treasurer in performing the duties required of the city clerk-treasurer. In the event of the absence of the city clerk-treasurer, the deputy city clerk-treasurer shall act in his or her capacity. (Ord. 1104 § 1, 1989; Ord. 1072 § 1, 1988).
2.82.040 Court clerk.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.050 Police clerk.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.060 Secretary – Entry level.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.065 Administrative secretary.
Repealed by Ord. 1477. (Ord. 1158 § 1, 1991).
2.82.070 Accounting clerk.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.080 Finance officer.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.090 Accounting clerk.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.100 Police officer.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.110 Police sergeant.
Repealed by Ord. 1477. (Ord. 1137 § 6, 1990; Ord. 1072 § 1, 1988).
2.82.120 Fire captain.
Supervises volunteer fire fighters. Determines methods of fire suppression. Supervises maintenance of departmental equipment, supplies and facilities. Instructs and drills firefighters in use of tools, raising of ladders, and rescue and salvage work, etc. Reviews disciplinary recommendations and forwards to chief and/or assistant chief. Monitors and observes departmental activities to ensure that conduct and performance conform to department standards. Responds to alarms received and directs work of fire scene pending arrival of a superior officer. Participates in the operation of departmental in-service training activities. Attends conferences and meetings to keep abreast of current trends in the field; represents the city fire/EMS department in a variety of local, county, state and other meetings. Prepares a variety of reports and records including personnel records and requisitions. Carries out duties in conformance with federal, state, county and city laws and ordinances. (Ord. 1367 § 1, 1998; Ord. 1183 § 1, 1992; Ord. 1072 § 1, 1988).
2.82.130 Volunteer firefighter.
Code No. 340. Works as a volunteer on a call-in basis in controlling and extinguishing fires for the preservation of life and property. Maintains apparatus, quarters, buildings, equipment and grounds as directed. Works under frequent supervision. (Ord. 1072 § 1, 1988).
2.82.140 Fire department utility maintenance worker.
Code No. 345. Maintains apparatus, quarters, buildings, equipment, ground and fire hydrants. Apparatus consists of gas and diesel powered vehicles, small pumps and generators. Operates all tools in upkeep of same. Must be a member of the Milton volunteer fire department. (Ord. 1072 § 1, 1988).
2.82.150 Fire lieutenant – Fire suppression officer.
Repealed by Ord. 1367. (Ord. 1183 § 2, 1992; Ord. 1072 § 1, 1988).
2.82.155 Police lieutenant.
Repealed by Ord. 1477. (Ord. 1137 § 3, 1990).
2.82.160 Electrical helper.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.161 Electric lineman.
Repealed by Ord. 1477. (Ord. 1184 § 1, 1992).
2.82.170 Utility/maintenance (med-light equipment operator).
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.180 Senior utility/maintenance worker.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.190 Mechanic.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.200 General utility maintenance worker.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.210 Custodial worker/grounds-keeper/facility maintenance.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.220 Meter reader/generalists repair.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.230 Utility maintenance worker II.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.240 Utility maintenance worker I.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.250 Building inspector.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.260 Electrical working foreman.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.270 Water/sewer working foreman.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.280 Assistant fire chief.
Code No. 625. Supervises and coordinates fire department operations as directed by the chief. Directs subordinate personnel to control and extinguish fires for the preservation of life and property. Serves as department administrative officer and, in the absence of the chief, performs those duties as fire chief. (Ord. 1072 § 1, 1988).
2.82.290 Director of public works.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.300 Fire chief.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.310 Police chief.
Code No. 655. Plans, organizes, directs and controls the functions of the police department. Develops and implements policies, procedures and practices to protect life and property through law enforcement and crime prevention work. Ensures the efficient and economical use of department funds, including grant moneys, work force, facilities and time. Accomplishes short-term and long-range planning. Performs law enforcement work as necessary to maintain public peace and order, to protect life and property, to prevent crime, to make investigations and to apprehend violators of the law. (Ord. 1072 § 1, 1988).
2.82.320 Senior coordinator.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.330 Head librarian.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.340 Library assistant.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.350 Library page – Entry level.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.360 Library clerk – Typist.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.365 Animal control officer/evidence officer/custodian.
Repealed by Ord. 1477. (Ord. 1372 § 1, 1998; Ord. 1154 § 1, 1991).
2.82.370 Senior aides – Entry level.
Repealed by Ord. 1477. (Ord. 1072 § 1, 1988).
2.82.400 Fire lieutenant – Prevention officer.
Repealed by Ord. 1367. (Ord. 1183 § 3(A), 1992).
2.82.410 Fire lieutenant – New recruit, personnel officer.
Repealed by Ord. 1367. (Ord. 1183 § 3(B), 1992).
2.82.420 Fire equipment officer.
Code No. 351. Responsible for all inventory and issue of all equipment from the fire department. Will assist in the budget process and keep and maintain all records of fire department property. (Ord. 1183 § 3(C), 1992).
2.82.430 Fire medical services officer.
Repealed by Ord. 1367. (Ord. 1183 § 3(D), 1992).
2.82.440 Fire administrative assistant.
Code No. 353. Responsible to fire chief and for producing all monthly reports, graphs and charts. Maintains all financial data records on fire department personnel. (Ord. 1183 § 3(E), 1992).
Chapter 2.84
PERSONNEL –
CLASSIFICATION PLANSections:
2.84.010 Creation and maintenance of classifications.
2.84.020 Reallocation or reclassification of positions.
2.84.010 Creation and maintenance of classifications.
The chief administrative officer shall be responsible for the preparation and continued maintenance of a classification plan so that it will describe on a current basis the duties of each position and class to which each such position is allocated. Permanent positions will be included in the same class if:
A. They are so similar in respect to duties and responsibilities that the same descriptive title may be used;
B. Substantially the same requirements as to education, experience, knowledge, and ability are demanded of applicants;
C. Substantially the same tests of fitness may be used in choosing qualified appointees;
D. The same schedule of compensation can be made to apply with equity. The chief administrative officer shall authorize one person to maintain the classification system and to centralize the personnel recordkeeping system. (Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983).
2.84.020 Reallocation or reclassification of positions.
A. Revision of class specifications and reallocations within the classification plan shall be made as often as is necessary to provide current information on positions and classes. It shall be the duty of the chief administrative officer or his or her designated representative to examine the nature of all positions and to allocate them to existing or newly created classes, to make such changes in the classification plan as are made necessary by changes in the duties and responsibilities of existing positions, and to periodically review the entire classification plan and recommend appropriate changes in the allocations or in the classification plan. Creation of a classification plan, reclassification of existing positions, or alteration or omission of existing classifications shall be subject to the approval of the chief administrative officer in consultation with the department head involved.
B. When a new position is requested by a department head or the duties of an old position are changed, the department head shall submit to the chief administrative officer a written description of the duties of the position. After investigation, the chief administrative officer may approve or amend the class specification and allocate or reallocate the position to a class, provided, if a new position is created, approval shall be secured from the council.
C. A permanent full-time employee, or his designated representative, who considers his position improperly classified shall first submit a request in writing for reclassification of his or her position to his or her department head who shall review the request and transmit it with written recommendations to the chief administrative officer. If the department head finds the request is not justified, he or she shall so advise the employee of the decision and so advise the employee of the right to appeal under the grievance procedures. (Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983).
Chapter 2.86
PERSONNEL – PAY PLAN AND COMPENSATIONSections:
2.86.010 Preparation of pay plan.
2.86.020 Appointee compensation.
2.86.030 Pay period.
2.86.040 Part-time.
2.86.050 Payment upon classification change.
2.86.060 Overtime.
2.86.070 Meals necessitated by overtime work.
2.86.080 Call-back.
2.86.090 Overtime management.
2.86.010 Preparation of pay plan.
A. The chief administrative officer shall prepare and keep current a compensation plan to consist of a series of salary ranges graduated by standard increments between two or more steps within each range or within groups of ranges. In preparing such a plan, salary ranges shall be designated for each class of positions and by such continued designation, the compensation plan and the classification plan shall be directly connected to each other. The salary range for a class will be determined with due regard to the ranges of other classes, the ability of eligible applicants, and prevailing rates of pay for similar positions offered by other employers. The chief administrative officer shall, from time to time, cause comparative studies to be made of all factors affecting the level of salary ranges and recommend such changes in the salary range as appear to be justified. Such adjustments shall be made by increasing or decreasing the salary range, the appropriate number of steps or ranges as provided in the basic salary schedule, and the rate of pay for each employee affected shall be adjusted the appropriate number of steps or ranges in conformance with the adjustment of the approved salary for that class.
B. The salary established for a position shall represent the total remuneration for an employee occupying the position except for fringe benefits, official travel, and other approved expenses. No employee shall receive pay from the city in addition to the salary and fringe benefits authorized in these rules and the current budget as adopted by the council. (Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983).
2.86.020 Appointee compensation.
Upon initial appointment to a position the employee shall receive the minimum salary for the class to which the position is allocated; however, in cases where unusual difficulty in filling the vacancy is experienced or when the appointee is exceptionally qualified, the chief administrative officer may cause the appointment to be made at a salary step above the minimum, but not more than the maximum for the class. (Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983).
2.86.030 Pay period.
Employees are to be paid twice a month, once on the twentieth of the month for the pay period from the first to the fifteenth, and then once on the fifth of the following month for the pay period from the sixteenth to the end of the month. New monthly employees working less than a calendar month will be paid at a rate per hour determined by dividing the annual salary by 2,080 hours for the actual day or hours worked. Eight hours shall constitute one day and in no instance will more than the monthly rate be provided except for overtime payments. Permanent monthly employees after the probationary period is completed who have used all accumulated sick leave and vacation leave will lose pay at a rate determined by dividing the annual salary by 2,080 hours on a basis of eight hours for each day lost. (Ord. 1619 § 1, 2004; Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983).
2.86.040 Part-time.
Whenever an employee works for a period less than the regular number of hours a day, days a week, or weeks a month, the amount paid shall be on an hourly basis. The exact hourly wage will be determined by dividing the annual salary by 2,080 hours. (Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983).
2.86.050 Payment upon classification change.
Upon promotion an employee shall henceforth be paid at the amount of the higher salary range which is one step above the rate he or she had been paid in the lower class; however, if the salary ranges do not overlap, he or she shall be paid at the minimum of the higher salary range. Upon demotion an employee shall be paid at the step of the lower salary range which most closely corresponds to the step of the salary range for the class from which he or she is being demoted. When an employee’s salary is changed due to demotion or promotion, all accrued salary and overtime pay shall be diverted to cash at the rate earned. (Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983).
2.86.060 Overtime.
Overtime shall be paid only upon the approval of the department head for each hour worked beyond the normal working day of eight hours at a basic rate of time and one-half for each hour worked. Eight hours of work shall constitute a day’s work for all regular and probationary full-time employees. The lunch period shall not be considered part of the eight hours of work. The department head may approve the employee’s requests for compensatory time off in lieu of cash at the same rate of time and one-half for each hour worked. All such approvals shall be in writing.
A. Exceptions – Police Department. Members of the police department shall be eligible for pay at the rate of time and one-half the employee’s regular hourly rate of pay for hours worked in excess of a scheduled eight-hour workday or a scheduled 40-hour rate workweek.
B. Lunch period for members of the police department shall be considered part of an eight-hour shift.
C. Meals necessitated by overtime work will not apply to members of the police department unless the overtime is necessitated by emergency, so urgently necessary that its nonperformance will cause serious loss or damage to the city.
D. The police chief shall qualify for overtime as above, for time worked. This shall not include administrative duties that he/she is required to perform. That shall qualify as compensatory time. (Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983).
2.86.070 Meals necessitated by overtime work.
City officers and employees who are authorized to work for two or more consecutive hours beyond normal working hours as determined by any such officer’s or employee’s department head and who purchase a meal in connection with performing such overtime work shall be reimbursed for the actual reasonable cost of each such meal, not to exceed the Washington State Office of Financial Management “high cost locations” current year’s reimbursement rates for meals. The rates can be found in the “State Administrative and Accounting Manual” issued by the Washington State Office of Financial Management. (Ord. 1659 § 1, 2006; Ord. 1386 § 3, 1998; Ord. 1368 § 1, 1998; Ord. 933 § 2, 1983).
2.86.080 Call-back.
Employees called back to work shall receive a minimum of two hours pay at overtime rate for the work for which they are called back. This provision shall not apply to hours worked which are annexed consecutively to the end of the working day or within one hour of the beginning of the regularly scheduled working day; provided, however, there shall be a minimum of one hour overtime paid for any work performed within one hour of the beginning of the working day. (Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983).
2.86.090 Overtime management.
A. For some positions, overtime is considered part of the job responsibility, therefore, does not justify overtime pay. Compensation for overtime shall not be granted to the following positions:
Job Code 120
Job Code 645
Job Code 700
B. Compensatory time off with pay will be granted personnel in the above classifications. Compensatory time accumulated shall not exceed 40 hours at any one time. (Ord. 1386 § 3, 1998; Ord. 933 § 2, 1983).
Chapter 2.90
INVESTMENT POLICIESSections:
2.90.010 Excess cash.
2.90.020 Investments.
2.90.010 Excess cash.
Excess cash held in city funds shall be invested. Excess cash is the cash holdings of the city, beyond the city’s current needs for ongoing expenses and anticipated capital needs for expenditure, within 45 days of the time of consideration. (Ord. 1382 § 1, 1998).
2.90.020 Investments.
Investments shall be as follows:
A. Local Government Investment Pool. For liquidity, to access funds for unanticipated expenses, or to meet normal expenses during an unusually low revenue period, a portion of the city’s excess cash shall be invested through the local government investment pool (LGIP), operated by the office of the Washington State Treasurer.
B. To maximize earnings through city investments, excess cash, beyond that held in the LGIP, may be invested in certain types of investments as allowed by state statutes. Ideally, such investments shall have staggered maturity dates to provide periodic opportunities for reinvestment.
C. Determination of investments to purchase shall be made through consultation between the city’s budget and finance officer and the city clerk/treasurer, comparing the merits of offerings through investment brokerage representatives. The deputy clerk shall take part in these discussions when available, and especially when either the clerk/treasurer or the budget and finance officer is unavailable.
D. Investments shall be made by the city clerk/treasurer, or, in the absence of the clerk/treasurer, by the mayor. (Ord. 1382 § 2, 1998).
Chapter 2.92
PUBLIC RECORDS – DISCLOSURESections:
2.92.010 Public records – Exemptions.
2.92.020 Rules, regulations, and procedures.
2.92.030 Repealed.
2.92.040 Application.
2.92.050 Findings.
2.92.060 Order regarding public records index.
2.92.010 Public records – Exemptions.
A. The council does declare that all public records in the custody of the city shall be available for inspection and examination; provided, that the following are exempt from public inspection and copying:
1. Personal information in any files maintained for students in public schools, patients, or clients of public institutions or public health agencies, welfare recipients, prisoners, probationers, or parolees;
2. Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy;
3. Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (a) be prohibited to such persons by RCW 82.32.330 or (b) violate the taxpayer’s right to privacy or result in unfair competitive disadvantage to the taxpayer;
4. Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person’s right of privacy;
5. Information revealing the identity of persons who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person’s life, physical safety, or property; provided, that if at the time the complaint is filed the complainant indicates a desire for disclosure or nondisclosure, such desire shall govern; provided, further, that all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath;
6. Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination;
7. Except as provided by Chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal;
8. Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss;
9. Preliminary drafts, notes, recommendations, and intra-agency memorandums on which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action;
10. Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior court;
11. Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites;
12. Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user;
13. Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system construction or repair contract as required by RCW 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070;
14. Railroad company contracts filed with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter;
15. Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to Chapter 53.31 RCW;
16. Financial disclosures filed by private vocational schools under Chapter 28C.10 RCW;
17. Records filed with the utilities and transportation commission or attorney general under Section 1 of this 1987 act that a court has determined are confidential under Section 1 of this 1987 act;
18. Financial and commercial information and records supplied by businesses during application for loans or program services provided by Chapters 43.31, 43.63A, and 43.168 RCW;
19. Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department;
20. Except as provided under section 2 of this 1987 act, all applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant;
21. The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers;
22. The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers;
23. Information obtained by the Board of Pharmacy as provided in Section 9 of Chapter 411, Laws of 1987.
B. Except for information described in subsection (A)(3)(a) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
C. Inspections or copies of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual’s right of privacy or any vital governmental function.
D. Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld. (Ord. 1063 § 1, 1987; Ord. 1044 § 1, 1987).
2.92.020 Rules, regulations, and procedures.
The clerk is directed to adopt reasonable rules, regulations, and procedures to insure compliance with this chapter and to make available to the public all the public records except those specifically exempted and to protect said public records from damage, disappearance or disorganization. (Ord. 1044 § 2, 1987).
2.92.030 Fees.
Repealed by Ord. 1660. (Ord. 1044 § 3, 1987).
2.92.040 Application.
The clerk shall prepare an application for request for public records to include the name, address, and organization the applicant is representing and the form shall include a statement that the applicant agrees to pay for the services of the city in searching and preparing and otherwise providing services pursuant to this chapter and the document shall have a signature line for the applicant to execute. As provided in MMC 2.92.020 the clerk shall provide any other necessary forms and procedures to implement this chapter to insure compliance with the Public Records Disclosure Act. (Ord. 1044 § 4, 1987).
2.92.050 Findings.
A. The Revised Code of Washington (RCW) requires all cities and public agencies to maintain and make available a current index of all public records.
B. The RCW also states that if maintaining such an index would be unduly burdensome, or interfere with agency operation, a city must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.
C. When such an order is made, all indexes maintained by that city must be made available to provide identifying information on those records which are available for inspection and/or copying.
D. The city is comprised of many departments, their respective divisions and subdivisions, which maintain separate databases and/or recordkeeping systems for the indexing of records and information.
E. Because the city has records which are diverse, complex and stored in multiple locations and in multiple computer systems and databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records.
F. The city will fully comply with the provisions of Chapter 42.17 RCW, the Public Records Disclosure Act. (Ord. 1617 § 1, 2004).
2.92.060 Order regarding public records index.
Based upon the findings set forth in this chapter, and pursuant to RCW 42.17.260 (4)(a), the city council orders the following:
A. The city of Milton is not required to maintain an all-inclusive index of public records, due to findings of the city council that the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain.
B. The city of Milton shall make available all public records and any indexes created for internal use upon request by any citizen. Said indexes shall be maintained and released in order to obtain those records which are public and not otherwise exempt from public disclosure, including but not limited to the exemptions set forth in RCW 42.17.310. (Ord. 1617 § 1, 2004).
Chapter 2.96
INDEMNIFICATION OF EMPLOYEESSections:
2.96.010 Definitions.
2.96.020 Legal representation.
2.96.030 Exclusions.
2.96.040 Determination of exclusion.
2.96.050 Representation and payment of claims – Conditions.
2.96.060 Effect of compliance with conditions.
2.96.070 Failure to comply with conditions.
2.96.080 Reimbursement of incurred expenses.
2.96.090 Conflict with provisions of insurance policies.
2.96.100 Pending claims.
2.96.110 Union contracts.
2.96.010 Definitions.
Unless the context indicates otherwise, the words and phrases used in this chapter shall have the following meanings:
A. “Official” means any person who is serving or has served as an elected city official, 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.
B. “Employee” means any person who is or has been employed by the city. (Ord. 1152 § 1, 1991).
2.96.020 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 chapter, and notwithstanding the fact that such official or employee may have concluded service or employment with the city, such legal representations as may be reasonably necessary to defend a claim or law suit 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 chapter is subject to repeal or modification at the sole discretion of the city council.
B. The legal services shall be provided by the office of the city attorney or an attorney designated by 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 said representation.
C. In the event that outside counsel is retained under subsection (B)(2) above, the city shall indemnify the official or employee from the reasonable costs of defense provided that in no event shall the official or employee be indemnified for attorneys’ fees in excess of the hourly rates established by the city’s contract with its city attorney. The official or employee shall be liable for all hourly charges in excess of said rate. (Ord. 1152 § 2, 1991).
2.96.030 Exclusions.
A. In no event shall protection be offered under this chapter by the city to:
1. Any dishonest, fraudulent, criminal, willful, intentional or malicious act, any dishonest, fraudulent, criminal, wilful, intentional or malicious 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; and/or
4. Any lawsuit brought against an official or employee by or on behalf of the city. Nothing herein 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.
B. The provisions of this chapter 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 by the city, through the city, or expressly to cover the official or employee’s service or employment for the city. The city shall have the right to require an employee to utilize any such insurance policy protection as an alternative to the protection afforded by this chapter. (Ord. 1152 § 3, 1991).
2.96.040 Determination of exclusion.
The determination of whether an official or employee shall be afforded a defense by the city under the terms of this chapter shall be finally determined by the city council on the recommendation of the mayor or city attorney. The decision of the city council shall be final as a legislative determination of the council. Nothing herein shall preclude the city from undertaking an official’s or employee’s defense under a reservation of rights, and withdrawing such representation at such time as facts become known to justify said withdrawal, at the discretion of the city council. (Ord. 1152 § 4, 1991).
2.96.050 Representation and payment of claims – Conditions.
The provisions of this chapter shall apply only when the following conditions are met:
A. 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 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;
B. 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 attorney, 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 said incident or course of conduct, including but not limited to rights of recovery for costs and attorney’s fees arising out of state or federal statute upon a determination that the suit brought is frivolous in nature;
C. 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, in the event that an employee has left the employ of the city, no fee or compensation shall be provided; and
D. Such official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense relating to said 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. 1152 § 5, 1991).
2.96.060 Effect of compliance with conditions.
If legal representation of an official or employee is undertaken, which is not subject to exclusion, as set out in MMC 2.96.030, or to a reservation of rights or withdrawal of representation, as set out in MMC 2.96.040, 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; provided, that the city may, at its discretion, appeal as necessary such judgment. (Ord. 1152 § 6, 1991).
2.96.070 Failure to comply with conditions.
In the event that any official or employee fails or refuses to comply with any of the conditions of MMC 2.96.050, or elects to provide his/her own representation with respect to any such claim or litigation, then all of the provisions of this chapter shall be inapplicable, and have no force or effect with respect to any such claim or litigation. (Ord. 1152 § 7, 1991).
2.96.080 Reimbursement of incurred expenses.
A. If the city determines that an official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, then the city shall pay any judgment rendered against the official or employee and reasonable attorneys’ fees incurred in defending against the claim. The city shall pay any attorneys’ fees incurred in obtaining the determination that such claim is covered by the provisions of this chapter.
B. If the city determines that a claim against a city official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, then 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 chapter. (Ord. 1152 § 8, 1991).
2.96.090 Conflict with provisions of insurance policies.
Nothing contained in this chapter shall be construed to modify or amend any provision of any policy of insurance where any city official or employee thereof is insured. In the event of any conflict between this chapter and the provisions of any such policy of insurance, the policy provisions shall be controlling; it being the intent of this chapter and section to provide the coverage detailed in this chapter outside insurance policies which may be in effect, while not compromising the terms and conditions of such policies by any conflicting provision contained in this chapter. (Ord. 1152 § 9, 1991).
2.96.100 Pending claims.
The provisions of this chapter shall apply to any pending claim or lawsuit against an official or employee, or any such claim or lawsuit hereafter filed, irrespective of the date of the events or circumstances which are the basis of such a claim or lawsuit. (Ord. 1152 § 10, 1991).
2.96.110 Union contracts.
If a collective bargaining unit contract covers any of the provisions of this chapter, all officials and employees under such contract shall be governed by the provisions thereof, rather than by the provisions of this chapter, and where any conflict exists between the provisions of any such contract and this chapter, such contract shall control. (Ord. 1152 § 11, 1991).
Chapter 2.98
FLEET POLICIESSections:
2.98.010 Fleet policies established.
2.98.010 Fleet policies established.
The following fleet policies are hereby established:
A. Provision of Vehicles for City Business. The city of Milton provides its employees with various types of vehicles and equipment, as required for their use to conduct city business.
B. Equipment. Specialized heavy equipment and trucks shall be operated only by city employees properly qualified and licensed for their operation.
C. Vehicle Pool. The city of Milton provides safe and dependable vehicles for employee use on city business.
1. When practical, employees will use city vehicles for travel on city business.
2. Use of personal vehicles for travel on city business will be permitted if:
a. No pool vehicles are available;
b. The travel planned is for a shorter distance or period than a conflicting use request for the same vehicle;
c. The employee will be conducting personal business in conjunction with the city business travel.
D. Assigned Vehicles. Some city employees have assigned vehicles for their use on city business. These vehicles are for use only while on duty with the city, and are not to be used for any personal business, other than that incidental to the city business being conducted.
E. Take-Home Vehicles. From a previous policy, a few city employees have been assigned vehicles, which they may also use for travel to and from work. When the present vehicles have passed their useful and safe life, they will not be replaced, and this policy will be phased out, according to agreements made in union negotiating contracts.
F. Limits of Use. No employee or other representative of the city shall be permitted to use a city vehicle when impaired, whether by alcohol, drugs or prescribed medications. When prescribed a medication with possible side effects related to ability to drive or operate machinery, employees are responsible to report this to supervisory staff and are to be restricted from operating such equipment or vehicles.
G. Insurance Coverage for City Vehicles.
1. City vehicles are insured through the city’s participation in the Washington Cities Insurance Authority (WCIA). A proof of insurance card shall be kept in each city-owned vehicle.
2. City vehicles and their drivers are insured for liability and injury under the city’s insurance through WCIA, while the vehicle is in use for city business.
H. Insurance Coverage for Passengers.
1. Employee passengers, in city vehicles while on city business, will be insured for injury under the city’s insurance coverage through WCIA.
2. Nonemployee passengers in city vehicles, who are authorized or caused to be in the vehicle while the vehicle is on city business, will be insured for injury under the city’s insurance coverage through the WCIA.
3. Nonemployee passengers in city vehicles, when the vehicle is not being used for city business, will not be insured for injury under the city’s insurance coverage through WCIA.
4. Employees and their passengers, when traveling in city vehicles not in the conduct of city business, will not be insured for injury or liability under the city’s insurance coverage through WCIA. (Ord. 1399 § 1, 1999).
Footnotes
1Prior legislation: Ords. 1157, 1120, 1115, 1087, 991, 893, 872, 819, 724, 658, 625, 536, 363, 182, 156, 145, 140.
2Prior legislation: Ords. 1103, 512.
3Prior legislation: Ord. 543.
4Prior legislation: Ords. 509 and 409 (§§ 2 – 6).
5Ordinance No. 1386 repealed Chs. 2.74, 2.76, §§ 2.78.010 – 2.78.050, 2.78.070 – 2.78.220, 2.78.240, 2.80.010 – 2.80.070, 2.80.090, and 2.88.010 – 2.88.150. The remaining sections of those chapters, retained by Ordinance No. 1386, have been renumbered and recodified in this new Chapter 2.74 MMC.
6Prior legislation: Ord. 1015.
7Code reviser’s note: Ord. 1134 merged the offices of clerk and treasurer. See Chapter 2.20 MMC.
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