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Title 2
ADMINISTRATIONChapters:
2.05 City Offices
2.10 City Officials
2.15 City Manager
2.20 Hearing Examiner
2.25 City Council
2.30 Planning Commission
2.32 Parks Commission
2.35 Emergency Services
2.40 Public Records
2.45 Legal Representation
2.50 Deferred Compensation Plan Trust Fund
2.55 City Credit Cards
2.60 Newcastle Municipal Court
2.65 Change Orders and Contingencies
2.70 Domestic Partner Benefits
Chapter 2.05
CITY OFFICESSections:
2.05.010 Hours of operation.
2.05.010 Hours of operation.
Effective January 18, 2002, the hours of operation of city offices will be from 8:00 a.m. through 5:00 p.m., Monday through Friday; provided, that the city manager may alter the hours of operation of city offices on a temporary basis, as the city manager deems necessary for the efficient operation of the city. (Ord. 2002-253 § 1; Ord. 2000-237 § 1; Ord. 68 § 1, 1995).
Chapter 2.10
CITY OFFICIALSSections:
2.10.010 Oath required.
2.10.010 Oath required.
Before entering upon the performance of the duties of office, each city council member, the mayor, the deputy mayor, and the city manager shall take an oath or affirmation, as set forth in this section, for the faithful performance of his or her duties. The city clerk shall file the signed oath or affirmation with the King County department of records and elections.
OATH OF OFFICE
I, _______, do solemnly swear that I will faithfully and impartially and to the best of my ability, perform the duties of the office of the ___________, in accordance with the laws of the State of Washington, and all other applicable legal enactments of the City of Newcastle, Washington.
By: _________________
SUBSCRIBED AND SWORN before me this _____ day of _______, 20___.
______________________________
Notary Public in and for the State of Washington residing at ____________
My commission expires ___________(Ord. 98-175 § 1; Ord. 5 § 1, 1994).
Chapter 2.15
CITY MANAGERSections:
2.15.010 Established – Appointment.
2.15.020 Duties.
2.15.010 Established – Appointment.
Pursuant to RCW 35A.13.010 and 35A.13.090 there is established for the city of Newcastle the office of city manager. The city council shall appoint the city manager in accordance with Chapter 35A.13 RCW. (Ord. 15 § 1, 1994).
2.15.020 Duties.
The city manager shall be the chief executive officer and head of the administrative branch of the city. The city manager shall be responsible to the city council for the proper administration of all affairs of the city. The city manager shall have all the powers and shall perform all of the duties specified by Chapter 35A.13 RCW together with any other duties which may be conferred upon the city manager by ordinance or statute. (Ord. 15 § 2, 1994).
Chapter 2.20
HEARING EXAMINERSections:
2.20.010 Hearing examiner authorized.
2.20.020 Appointments – Qualifications.
2.20.030 Powers and duties.
2.20.040 Procedures.
2.20.050 Appeal and council review of hearing examiner decision.
2.20.060 Designation of board of appeals.
2.20.010 Hearing examiner authorized.
There is created the office of hearing examiner as an independent office of the city for the conduct of hearings on matters delegated to the hearing examiner by ordinance. (Ord. 36 § 1, 1994).
2.20.020 Appointments – Qualifications.
A. The city manager shall appoint the hearing examiner. The city manager is also authorized to appoint hearing examiners pro tempore to serve on a day-to-day basis in the absence, unavailability, incapacity or disqualification of the hearing examiner.
B. The hearing examiner shall be experienced in land use and related matters. (Ord. 36 § 2, 1994).
2.20.030 Powers and duties.
The hearing examiner is authorized to:
A. Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive evidence and conduct discovery procedures which may include propounding interrogatories and taking oral depositions; provided, that no person shall be compelled to produce information which the person could not be compelled to produce in a court of law;
B. Upon the request of a city officer or any party, or upon the hearing examiner’s own volition, issue and witness subpoenas; provided, that any subpoena shall state the name and address of the witness sought, and if for the production of books, documents or things, shall specifically identify the requested item and the item’s relevance to the issues involved;
C. Regulate the course of the hearing in accordance with applicable ordinances and other laws;
D. Hold conferences for the settlement or simplification of the issues by consent of the parties;
E. Dispose of procedural requests or similar matters;
F. Make the decisions or recommendations contemplated herein and by other ordinances conferring jurisdiction on the hearing examiner;
G. Make rules for the conduct of hearings, notices, and other procedures not inconsistent with this chapter and other applicable ordinances. An audio or video record of the hearing proceedings shall be maintained and shall be made available for public review;
H. Make recommendations for revision of relevant codes and ordinances to clarify or otherwise improve the development review or hearings process;
I. Take any other action authorized by ordinance;
J. Consider requests for reconsideration submitted by the applicant, the appellant, or the city when submitted within 10 days of the date on which the decision is postmarked when the requesting party sets forth in writing the specific error(s) of law or fact, error in judgment, or new information (which could not reasonably be available at the previous hearing) which is the basis for the reconsideration. There shall be only one reconsideration per application. (Ord. 84 § 1, 1995; Ord. 36 § 3, 1994).
2.20.040 Procedures.
A. Each final decision of the hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the applicable criteria established by ordinance or law.
B. Each final decision of the hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within 10 working days following conclusion of all testimony and hearings. (Ord. 84 § 1, 1995; Ord. 36 § 4, 1994).
2.20.050 Appeal and council review of hearing examiner decision.
Decisions of the hearing examiner shall be final unless:
A. The decision is by ordinance given the effect of a recommendation to the city council;
B. An appeal to city council is provided for in city regulations authorizing the permit or approval and an aggrieved party files an appeal with the city clerk pursuant to applicable appeal procedures as set forth in NMC Title 19, Administrative Procedures. (Ord. 97-153 § 3; Ord. 84 § 1, 1995; Ord. 36 § 5, 1994).
2.20.060 Designation of board of appeals.
The city’s hearing examiner is designated and authorized to act as the city’s board of appeals for purposes of the following codes, as adopted by the city:
A. Uniform Building Code;
B. Uniform Mechanical Code;
C. Uniform Plumbing Code;
D. Uniform Fire Code;
E. Uniform Code for Abatement of Dangerous Buildings; and
F. Uniform Housing Code. (Ord. 96C-104 § 1).
Chapter 2.25
CITY COUNCILSections:
2.25.010 Regular meeting time and place.
2.25.020 Salary levels established.
2.25.030 Future salaries established.
2.25.040 Cafeteria plan to be established.
2.25.050 Health benefits to be made available.
2.25.060 Minimum health benefits to be made available.
2.25.070 2005 council health benefits.
2.25.080 Option to purchase additional health benefits.
2.25.090 Implementation schedule.
2.25.010 Regular meeting time and place.
The city council shall hold regular meetings on the first and third Tuesdays of every month commencing at 7:00 p.m. Regular meetings shall be held at Newcastle City Hall, 13020 SE 72nd Place, Newcastle, Washington. If a regular meeting falls on a legal holiday, it shall be held at the same time and place on the following Wednesday. (Ord. 99-197 § 2; Ord. 99-185 § 2; Ord. 6 § 1, 1994).
2.25.020 Salary levels established.
Effective January 1, 1996, city councilmembers shall be entitled to receive a salary of $350.00 per month, payable twice monthly on regular city paydays. The councilmember serving as mayor shall be entitled to an additional 25 percent, for a total of $437.50 per month, payable twice monthly on regular city paydays. (Ord. 65 § 1, 1995).
2.25.030 Future salaries established.
Subject to NMC 2.25.090, each of the members of the city council shall receive a salary of $700.00 per month; provided, however, that the mayor shall receive a salary of $800.00 per month. (Ord. 2005-302 § 4).
2.25.040 Cafeteria plan to be established.
Subject to NMC 2.25.090, the city council hereby directs the city manager to take the necessary steps to establish a legally valid cafeteria remuneration plan for future city councilmembers, as contemplated by Section 125 of the Federal Internal Revenue Service Code. (Ord. 2005-302 § 1).
2.25.050 Health benefits to be made available.
Subject to NMC 2.25.090, the city council hereby directs the city manager to make health benefits available to the city council via the Association of Washington Cities, or its successor, to include medical, dental, vision, and orthodontia services; provided, however, that access by the city council to these benefits shall be subject to the policies of the Association of Washington Cities Employee Benefits Trust, or its successor, and subject to the limitations set forth in this chapter. (Ord. 2005-302 § 2).
2.25.060 Minimum health benefits to be made available.
Subject to NMC 2.25.090, provided that applicable policies are satisfied, as defined by the Association of Washington Cities Employee Benefits Trust, or its successor, the city shall make available dental, vision, and orthodontia services (“minimum health benefits”) to all members of the city council; provided, that the actual cost of these minimum health benefits shall be deducted from the salary amounts established in NMC 2.25.030. (Ord. 2005-302 § 3).
2.25.070 2005 council health benefits.
The city council hereby establishes the amount of its 2005 health benefits by way of the ordinance codified in this chapter, and reaffirms the capped amount of $705.60 per month per councilmember for the year 2005. (Ord. 2004-300 § 1).
2.25.080 Option to purchase additional health benefits.
Subject to NMC 2.25.090, the members of the city council, including the mayor, shall have the individual option to forgo all salary or any portion thereof; provided, that an amount similar to the foregone salary shall be applied to gain additional health benefits; provided further, that additional health benefits shall be those benefits in excess of the minimum health benefits up to the full range contemplated by NMC 2.25.050.
The amount paid by the city for additional health benefits shall not exceed the respective salary for the mayor or city councilmembers.
If the amount of additional health benefits for an individual member of the council (or his or her family) exceeds that individual’s total city remuneration, then the individual member of the council may pay the difference to the city from other noncity funds. (Ord. 2005-302 § 5).
2.25.090 Implementation schedule.
In light of the requirements of RCW 35A.13.040, the remuneration contemplated herein shall take effect and be implemented as follows:
A. For Newcastle city council positions 5, 6, and 7, the remuneration provisions set forth in this chapter shall take effect January 1, 2006.
B. For Newcastle city council positions 1, 2, 3, and 4, the remuneration provisions set forth in this chapter shall take effect January 1, 2008.
C. Until the provisions of subsections (A) and (B) of this section take effect, a health benefits allowance of up to $705.60 per month for each member of the city council, including the mayor, shall remain the same. (Ord. 2005-302 § 6).
Chapter 2.30
PLANNING COMMISSIONSections:
2.30.010 Purpose.
2.30.020 Membership – Appointment term.
2.30.030 Appointments – Requirements.
2.30.040 Removal.
2.30.050 Vacancies.
2.30.060 Meetings.
2.30.070 Duties.
2.30.080 Staff support.
2.30.010 Purpose.
There shall be a planning commission to provide advice and make recommendations on the comprehensive plan, zoning and development codes.
The commission serves as a review and advisory body to the city council and performs duties assigned annually by the council by way of a work plan, which may include but not be limited to those duties set forth in NMC 2.30.070. (Ord. 06-333 § 1; Ord. 97-148 § 1).
2.30.020 Membership – Appointment term.
There shall be seven members of the commission. The term of office shall be for four years. For the first planning commission two terms shall be for two years, two terms shall be for three years, and three terms shall be for four years. Terms shall expire on July 31st. A commission member whose term has expired shall continue to hold office until a successor is qualified. (Ord. 2001-248 § 1; Ord. 97-148 § 2).
2.30.030 Appointments – Requirements.
Commission members shall be appointed by the recommendation of the mayor and ratification by the city council. Commission members shall reside within the city or its potential annexation areas as set forth in the comprehensive plan. Commission members shall be selected without respect to political affiliation and shall serve without compensation. (Ord. 97-148 § 3).
2.30.040 Removal.
Commission members may be removed by a majority vote of all members of the city council. The decision of the city council shall be final and there shall be no appeal therefrom. (Ord. 97-148 § 4).
2.30.050 Vacancies.
Vacancies occurring other than through the expiration of term shall be filled for the unexpired term in the same manner as for an original appointment. (Ord. 97-148 § 5).
2.30.060 Meetings.
A. The planning commission shall elect from among its members a chair who shall preside at all meetings and a vice chair who shall preside in the absence of the chair. A majority of the planning commission members shall constitute a quorum for the transaction of business and a majority vote of those present shall be necessary to carry any motion.
B. The planning commission shall conduct its business in accordance with the rules and procedures adopted by the city council by resolution, to the extent the rules can be applied to the planning commission. Any changes to these rules of procedure must first be approved by the city council.
C. The commission members shall sign the “Code of Ethics” at time of their installation as a commission member. (Ord. 99-187 § 1; Ord. 97-148 § 6).
2.30.070 Duties.
A. The planning commission shall be an advisory body to the city council, and shall have the following duties:
1. Review of and recommendations on amendments to the comprehensive plan; provided, that the planning commission shall follow the process set forth in subsection (B) of this section to add an item to the comprehensive plan docketing process;
2. Review of and recommendations on amendments to the zoning map, the zoning code and other development codes; and
3. Such other duties as may be assigned by the city council.
B. The city council will develop an annual work plan for the planning commission. The planning commission may recommend additional items for the annual work plan by way of a majority vote of the commission. The city council must approve the addition of the recommended item on the annual work plan prior to review and consideration by the planning commission.
C. Final commission work plans can be amended by the council at any time during the year to take into consideration needs that were not foreseen at the time the work plans were first developed. By a majority vote, a commission can recommend a work plan amendment for consideration by the council. The city manager shall promulgate a protocol for addressing such issues.
D. The commission shall have no administrative or supervisory powers not available to the city council. (Ord. 06-333 § 2; Ord. 97-148 § 7).
2.30.080 Staff support.
The director of community development shall appoint a staff liaison coordinator to support the work of the planning commission and shall hire consultants to support the technical needs of the planning commission, as authorized by budget appropriations. (Ord. 06-333 § 3; Ord. 97-148 § 8).
Chapter 2.32
PARKS COMMISSIONSections:
2.32.010 Purpose.
2.32.020 Membership – Appointment term.
2.32.030 Appointments – Requirements.
2.32.040 Removal.
2.32.050 Vacancies.
2.32.060 Meetings.
2.32.070 Duties.
2.32.080 Staff support.
2.32.010 Purpose.
As of September 1, 2003, there shall be a parks commission to provide advice and make recommendations on parks, recreational facilities and community service programs of the city.
The commission serves as a review and advisory body to the city council on city-owned park planning, design, and construction, park and facility development, renovation, trails and paths, recreation program and special community events. The commission performs duties assigned annually by the council by way of a work plan, which may include but not be limited to those duties set forth in NMC 2.32.070. (Ord. 06-333 § 5).
2.32.020 Membership – Appointment term.
There shall be nine members of the parks commission. Beginning September 1, 2003, the initial term of service for three commission positions shall be two years, three positions shall be appointed for three-year terms and the final three positions shall be standard four-year terms. All commission positions shall ultimately be for four-year terms. Terms shall expire on the first day of September of each appropriate year. (Ord. 06-333 § 5).
2.32.030 Appointments – Requirements.
Commissioners shall be appointed by the mayor subject to ratification by the city council. The selection of parks commissioners shall be made from individuals who have an interest in parks, recreation and community service programs as evidenced by training, experience or actions. Commissioners shall reside within the city or its potential annexation areas as set forth in the comprehensive plan. Commission members shall be selected without respect to political affiliation and shall serve without compensation. (Ord. 06-333 § 5).
2.32.040 Removal.
Commission members may be removed by a majority vote of all members of the city council. The decision of the city council shall be final and there shall be no appeal. (Ord. 06-333 § 5).
2.32.050 Vacancies.
Vacancies occurring other than through the expiration of terms shall be filled for the unexpired term in the same manner as for an original appointment. (Ord. 06-333 § 5).
2.32.060 Meetings.
A. The parks commission shall elect from its members a chair who shall preside at all meetings of the commission and a vice chair who shall preside in the absence of the chair. A majority of the commission shall constitute a quorum for the transaction of business and a majority vote of those present shall be necessary to carry any motion.
B. The parks commission shall conduct its business in accordance with the rules and procedures adopted by the city council by resolution to the extent the rules can be applied to the parks commission. Any changes to these rules of procedure must first be approved by the city council.
C. The commission members shall sign the “Code of Ethics” at time of their installation as a commissioner. (Ord. 06-333 § 5).
2.32.070 Duties.
A. The parks commission shall be an advisory body to the city council, and shall have the following duties:
1. Review of and recommendations on the use and scheduling of city parks and recreational facilities; provided, that Newcastle residents shall receive priority in the scheduling of said facilities;
2. Review of and recommendations on fees charged for recreational activities and use of city park facilities;
3. Review of and recommendations on the operation and maintenance policies for city parks and trails;
4. Review of and recommendations on cultural events, festivals, concerts, farmer and craft markets and other community events;
5. Review of and recommendations on social service grants and awards;
6. Review of and recommendations on community recreation programs;
7. Review of and recommendations on gifting policies regarding citizen contributions to the city;
8. Review of and recommendations on city volunteer policies, other than emergency management volunteers;
9. Review of and recommendations on planning, design, development, construction and renovation of city parks, trails and paths; and
10. Such other duties as may be assigned by the city council.
B. The city council will develop an annual work plan for the parks commission. The parks commission may recommend additional items for the annual work plan by way of a majority vote of the commission. However, the city council must approve the addition of the recommended item on the annual work plan prior to review and consideration by the parks commission.
C. Final commission work plans can be amended by the council at any time during the year to take into consideration needs that were not foreseen at the time the work plans were first developed. By a majority vote, a commission can recommend a work plan amendment for consideration by the council. The city manager shall promulgate a protocol for addressing such issues.
D. The commission shall have no administrative or supervisory powers not available to the city council. (Ord. 06-333 § 5).
2.32.080 Staff support.
The director of public works shall appoint a staff liaison coordinator to support the work of the parks commission and shall hire consultants to support the technical needs of the parks commission, as authorized by budget appropriations. (Ord. 06-333 § 5).
Chapter 2.35
EMERGENCY SERVICESSections:
2.35.010 Establishment of organization.
2.35.020 Director and staff appointment.
2.35.030 Duties.
2.35.040 Reporting relationships.
2.35.010 Establishment of organization.
Pursuant to Chapter 38.52 RCW, there is created an organization for emergency management in accordance with the state emergency management plan and program. (Ord. 67 § 1, 1995).
2.35.020 Director and staff appointment.
The city manager shall appoint a director of emergency management, upon the basis of ability and training, and such staff as are necessary to carry out emergency management plans and functions. (Ord. 67 § 2, 1995).
2.35.030 Duties.
The director and staff shall create and maintain a basic emergency plan for man-made and natural disasters within the city, pursuant to Chapter 38.52 RCW. The director and staff also shall:
A. Prepare an emergency operating plan for the city in conformance with the county and state emergency plan and program;
B. Be responsible for the organization, administration and operation of emergency management as set forth in Chapter 38.52 RCW;
C. Act as liaison officer between the city and county, state and federal offices of emergency services or civil defense;
D. Coordinate mutual aid and automatic aid agreements with neighboring municipalities; and
E. Control and direct the effort of the emergency management organization of the city to accomplish the emergency plan and its mission. (Ord. 67 § 3, 1995).
2.35.040 Reporting relationships.
The director and staff shall function under the direction of the city manager in accordance with RCW 35A.13.080 and 35A.13.090; provided that the director and staff shall function under the direction of the mayor pursuant to any proclamation issued by the mayor during a civil emergency. (Ord. 67 § 4, 1995).
Chapter 2.40
PUBLIC RECORDSSections:
2.40.010 Relationship to Public Records Disclosure Act.
2.40.020 Disclosure of public records.
2.40.030 Definitions of public record and writing.
2.40.040 Copyright enforcement.
2.40.050 Maintenance of records.
2.40.060 Exemptions.
2.40.070 Procedure for inspection or copying.
2.40.080 Reimbursement for copying costs.
2.40.090 Decision on public records requests – Procedure for review of decision.
2.40.100 Disclosure prohibited by other statutes.
2.40.110 Administrative rules.
2.40.010 Relationship to Public Records Disclosure Act.
This chapter constitutes the city’s rules and regulations to carry out and implement the Public Records Disclosure Act, Chapter 42.17 RCW. Except as provided in this chapter, Chapter 42.17 RCW shall apply to all city public records. (Ord. 43 § 1, 1994).
2.40.020 Disclosure of public records.
Unless exempt from disclosure under this chapter, public records shall be available for inspection and copying in accordance with this chapter. (Ord. 43 § 2, 1994).
2.40.030 Definitions of public record and writing.
A. “Public record” means (1) any writing, (2) any computer data and data bases and computer generated documents, maps and drawings and (3) any software and special applications for software developed by city officers and employees in the scope of their employment, containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the city regardless of physical form or characteristics.
B. “Writing” means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. (Ord. 43 § 3, 1994).
2.40.040 Copyright enforcement.
The city recognizes that any software and special applications for software developed by city officers and employees in the scope of their employment are owned by the city pursuant to the copyright laws, 17 U.S.C., Sections 101 and 201. The city will make available to all requestors a license to use such software so as to make use of all public data. (Ord. 43 § 4, 1994).
2.40.050 Maintenance of records.
A. All substantive and procedural rules of general applicability, including but not limited to ordinances and resolutions of the city council, minutes of the regular meetings of the city council, and statements of general policy, and all public contracts, deeds, easements and leases shall be indexed and maintained in the office of the city clerk for the use of the city and of the general public.
B. All other records of the city relating to the specific function or responsibility of a particular city department shall be maintained for the use of the department and the general public in the office of the department. The department shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records:
1. Final opinions and orders made in the adjudication of cases;
2. Statements of policy and interpretations of policy which have been adopted by the city;
3. Administrative staff manuals and instructions to staff that affect a member of the public;
4. Planning policies and goals, and interim and final planning decisions;
5. Factual staff reports and studies, factual consultants’ reports and studies, scientific reports and studies and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and
6. Correspondence, and materials referred to therein, by and with the city relating to any regulatory, supervisory, or enforcement responsibilities of the city, whereby the city determines, opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state
government, or of any private party. (Ord. 43 § 5, 1994).
2.40.060 Exemptions.
A. The following shall be exempt from public inspection and copying:
1. Personal information in files maintained for employees, appointees, or elected officials, to the extent that disclosure would violate their right to privacy, as defined in RCW 42.17.255.
2. 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 be prohibited to such persons by RCW 82.32.330 or violate the taxpayer’s right to privacy, as defined in RCW 42.17.255, or result in unfair competitive disadvantage to the taxpayer.
3. Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, the nondisclosure of which is essential to effective law enforcement or for the protection of any person’s right to privacy, as defined in RCW 42.17.255.
4. Information revealing the identity of persons who are witnesses to or victims of crime or 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 a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern.
5. Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
6. Except as provided by Chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency including the city, 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.
7. Valuable formulae, designs, drawings, and research data obtained by the city within five years of the request for disclosure when disclosure would produce private gain and public loss. The exemption of this subsection shall not include software and special applications for software developed by city officers and employees in the scope of their employment.
8. Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by the city in connection with any city action.
9. Records which are relevant to a controversy to which the city 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 courts.
10. Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
11. Financial and commercial information and records supplied by businesses during application for loans or program services provided by Chapters 43.160, 43.163, 43.168, and 43.330 RCW.
12. All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
13. The residential addresses and residential telephone numbers of employees or volunteers of the city which are held by the city in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
14. The residential addresses and residential telephone numbers of the customers of a city utility contained in the records or lists held by the city utility of which they are customers.
15. Client records maintained by the city under any domestic violence program as defined in RCW 70.123.020 or rape crisis center as defined in RCW 70.125.030.
16. Information that identifies a person who, while a city employee: (a) seeks advice, under an informal process established by the city, in order to ascertain his or her rights in connection with a possible unfair practice under Chapter 49.60 RCW against the person; and (b) requests his or her identity or any identifying information not be disclosed.
17. License applications under RCW 9.41.070.
18. Information revealing the identity of child victims of sexual assault who are under age eighteen. Identifying information means the child victim’s name, address, location, photograph, and in cases in which the child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator.
19. A law enforcement authority may not request inspection or copying of records of any person, which belong to a city electrical utility, unless the authority provides the city electrical utility with a written statement in which the authority states that it suspects that the particular person to whom the records pertain has committed a crime and the authority has a reasonable belief that the records could determine or help determine whether the suspicion might be true.
20. Any other record which is exempt from disclosure under any state law.
B. The exemptions from public disclosure set forth in this section shall be 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 shall be construed to permit the non-disclosure of statistical information not descriptive of any readily identifiable person or persons.
C. Inspection or copying of any specific records exempt under this section may be permitted if the King County superior court finds, after a hearing with notice thereof to every person interested and to the city, that the exemption of such records is clearly unnecessary to protect any individual’s right of privacy or any vital governmental function.
D. Nothing in this section shall affect a positive duty of the city to disclose or a positive duty to withhold information which duty to disclose or withhold is contained in any other law. (Ord. 43 § 6, 1994).
2.40.070 Procedure for inspection or copying.
A. Persons wishing to inspect or copy city records shall first make such request to the city clerk or the department head of the city department which maintains the requested records. If the requestor does not know which department maintains the records, the request shall be made to the city clerk. The city clerk shall direct the requestor to the appropriate department. All assistance necessary to help the requestor locate the particular record shall be provided promptly either by the city clerk or by the particular department maintaining the records. The provision of such assistance shall not unreasonably disrupt the normal operations of the city clerk, the department, or the assisting employee.
B. The city clerk or other city employee shall not distinguish among persons requesting records. Persons requesting records shall not be required to provide information as to the purpose for the request, except to establish whether the inspection or copying would violate RCW 42.17.260(5) or other statute or ordinance which exempts or prohibits disclosure of specific information or records to certain persons. (Ord. 43 § 7, 1994).
2.40.080 Reimbursement for copying costs.
A. Copies of written records, maps, photographs including slides, audio tape recordings, video tape recordings and diskettes shall be made and provided by the city upon request and payment of the actual cost of reproducing the same, which cost shall be established by city council resolution.
B. Labor and mailing costs shall be included in the cost of reproduction. The costs of reproduction provided for by resolution shall include, but not be limited to, the following records: street maps, zoning maps, zoning codes, ordinances, public meeting minutes, resolutions, verbatim transcripts, deeds, contracts, and other records of the character contemplated in NMC 2.40.010.
C. Where the request is for a certified copy, there shall be an additional charge in the amount established by city council resolution to cover the additional expense and time required for certification.
D. The city clerk or a department head may provide copies of city records at no charge to individuals or government agencies doing business with the city, if the city clerk or department head determines such action is in the best interests of the city. (Ord. 43 § 8, 1994).
2.40.090 Decision on public records requests – Procedure for review of decision.
A. Upon receiving an oral or written request to inspect or copy a public record, the city clerk or the department head shall grant the request unless the city clerk or department head determines that the record requested is or may be exempt from disclosure in whole or in part, in which case the city clerk or department head shall require that the requestor complete a written request for public records form.
B. A department head shall immediately deliver a completed written request for public records form to the city clerk.
C. Upon receiving a completed written request for records form, the city clerk shall determine whether the requested record is exempt by law from inspection and copying in whole or in part. Within five business days of the date of receipt by the city of the written request for a record, the city clerk shall:
1. Provide the record; or
2. Acknowledge that the city has received the request and provide a reasonable estimate of the time the city will require to respond to the request; or
3. Deny the public record request.
Additional time to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt. If a public records request is unclear, the city clerk may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the city need not respond to the request.
D. If the city clerk determines that the document is exempt in part but can be made available after deletion of exempt portions, or after deletion of portions which would violate personal privacy or vital governmental interests, the request shall be granted; provided, that such exempt portions shall first be deleted. If the city clerk determines to deny the request, in whole or in part, a written statement of the specific reasons for the denial shall be provided to the requestor.
E. A decision by the city clerk denying inspection shall be reviewed by the city attorney. Such review shall be deemed complete at the end of the second business day following the denial of inspection and shall constitute final city action for the purposes of judicial review. The requestor shall be notified by mail of the decision to grant or deny the request. (Ord. 43 § 9, 1994).
2.40.100 Disclosure prohibited by other statutes.
The city shall not be required by this ordinance to permit public inspection and copying of any record to the extent public disclosure of the record is prohibited, restricted or limited by any state or federal statute or regulation including, but not limited to, Chapter 10.97 RCW, the Washington State Criminal Records Privacy Act, Chapter 13.50 RCW, relating to release of records by juvenile justice or care agencies, or Chapter 46.52 RCW, relating to accident reports and abandoned vehicles. (Ord. 43 § 10, 1994).
2.40.110 Administrative rules.
The city manager, upon recommendation of the city clerk, may issue rules for the implementation of this chapter. (Ord. 43 § 11, 1994).
Chapter 2.45
LEGAL REPRESENTATIONSections:
2.45.010 Definitions.
2.45.020 Legal representation.
2.45.030 Exclusions.
2.45.040 Determination of exclusion.
2.45.050 Representation and payment of claims – Conditions.
2.45.060 Effect of compliance with conditions.
2.45.070 Failure to comply with conditions.
2.45.080 Reimbursement of incurred expenses.
2.45.090 Conflict with provisions of insurance policies.
2.45.100 Pending claims.
2.45.010 Definitions.
Unless the context indicates otherwise, the words and phrases used in this ordinance shall have the following meanings:
A. “Appointed” means any person formally appointed by the city council or as authorized by state law or city ordinance.
B. “Official” means any person who is serving or has served as an elected or appointed city official or officer, and any person who is serving or has served as an appointed member of any city board, commission, committee or other appointed position with the city. The term “appointed” as used herein shall mean a person formally appointed by the city council or as authorized by state law or city ordinance.
C. “Employee” means any person who is or has been employed by the city. (Ord. 2 § 1, 1994).
2.45.020 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 ordinance, and notwithstanding the fact that the official or employee may have concluded service or employment with the city, legal representation as may be reasonably necessary to defend a claim or lawsuit filed against the official or employee resulting from any conduct, act or omission of the 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 ordinance is subject to repeal or modification at the sole discretion of the city council, provided, that such repeal or modification shall apply prospectively only, and shall have no effect upon the obligation to indemnify and/or defend against any claim which is based, in whole or in part, upon any act or omission of an official occurring prior to the effective date of the repeal or modification.
B. The legal services shall be provided by the office of the city attorney unless:
1. Any provision of an applicable policy of insurance provides otherwise; or
2. A conflict of interest or ethical bar exists with respect to the representation.
C. If outside counsel is retained under subsection (B)(1) of this section, the city shall indemnify the employee from the reasonable costs of defense; provided the officer or employee shall not be indemnified for attorney’s fees in excess of the hourly rates established by the city’s contract with the attorney selected by the city. The officer or employee shall be liable for all hourly charges in excess of the hourly rate. (Ord. 2 § 2, 1994).
2.45.030 Exclusions.
A. The protection of this chapter shall not be available for:
1. Any dishonest, fraudulent, criminal, willful, intentional or malicious act or course of conduct of an official or employee;
2. Any act or course of conduct of an official or employee which is not performed on behalf of the city;
3. Any act or course of conduct which is outside the scope of an official’s or employee’s service or employment with the city; and
4. Any lawsuit brought against an official or employee by or on behalf of the city.
B. Nothing in this chapter shall be construed to waive or impair the right of the city council to institute suit or counterclaim against any official or employee nor to limit its ability to discipline or terminate an employee.
C. 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, that this chapter shall provide protection, subject to its terms and limitations, above any loss limit of such policy. This chapter is intended to be secondary to any contract or policy of insurance owned or applicable to any official or employee. The city shall have the right to require an employee to utilize any such policy protection prior to requesting the protection afforded by this chapter. (Ord. 2 § 3, 1994).
2.45.040 Determination of exclusion.
The determination of whether an official or employee shall be afforded a defense by the city under this chapter shall be made by the city council on the recommendation of the city manager. The decision of the city council shall be final as a legislative determination and shall be based upon a finding that the claim or suit against an official or employee meets or does not meet the criteria of this chapter. Nothing herein shall preclude the city from undertaking an officer or employee’s defense under a reservation of rights. The determination as to whether to furnish a defense as provided under this chapter to a member or members of the city council shall be made without the vote of such member or members of the city council unless the inclusion of such member or members is required for a quorum; provided, that if a claim or lawsuit affects a quorum or greater number of the members of the city council, all such affected members shall retain their voting privileges under this section. (Ord. 2 § 4, 1994).
2.45.050 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 deliver any claim, demand, notice or summons or other process relating to any incident or conduct to the city attorney, and shall cooperate with the city attorney or an attorney designated by the city, and, upon request, assist in making settlement of any suit and enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the city because of any damage or claim of loss arising from the incident or course of conduct, including, but not limited to, rights of recovery for costs and attorneys’ fees arising out of state or federal statute upon a determination that the suit brought is frivolous in nature;
C. The official or employee shall attend interviews, depositions, hearings and trials and shall assist in securing and giving evidence and obtaining attendance of witnesses, all without any additional compensation to the official or employee and, if an employee has left the employ of the city, no fee or compensation shall be provided; and
D. The official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense relating to the 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. 2 § 5, 1994).
2.45.060 Effect of compliance with conditions.
If legal representation of an official or employee is undertaken by the city attorney, all of the conditions of representation are met, and a judgment is entered against the official or employee, or a settlement made, the city shall pay such judgment or settlement not otherwise covered by insurance; provided, that the city may at its discretion appeal as necessary such judgment. (Ord. 2 § 6, 1994).
2.45.070 Failure to comply with conditions.
If any official or employee fails or refuses to comply with any of the conditions of this chapter, or elects to provide his or her own representation with respect to any claim or litigation, then all of the provisions for indemnification in this chapter shall be inapplicable, and have no force or effect with respect to any such claim or litigation. (Ord. 2 § 7, 1994).
2.45.080 Reimbursement of incurred expenses.
A. If the city determines that a lawsuit or claim against an official or employee is not covered by the provisions of this chapter, and a court of competent jurisdiction later determines that the lawsuit or claim is covered by this chapter, the city shall pay any judgment rendered against the official or employee and reasonable attorney’s fees incurred in defending against the lawsuit or claim. The city shall pay any costs and reasonable attorney’s fees incurred in obtaining the determination that such claim is covered by this chapter. If a court of competent jurisdiction determines that such lawsuit or claim is not covered by this chapter, the official or employee shall pay the city’s costs and reasonable attorney’s fees incurred in obtaining the determination that such claim is not covered under this chapter.
B. If the city determines that a lawsuit or claim against a city official or employee is covered by this chapter, and a court of competent jurisdiction later finds that such a lawsuit or claim is not covered by this chapter, the city shall be reimbursed for costs or expenses incurred in obtaining the determination such claim or lawsuit is not covered by this chapter. (Ord. 2 § 8, 1994).
2.45.090 Conflict with provisions of insurance policies.
The indemnification provisions of this chapter do not constitute a policy of insurance, and nothing contained in this chapter shall be construed to modify or amend any provisions of any policy of insurance where any city official or employee thereof is the named insured. If there is a conflict between this chapter and the provisions of any such policy of insurance, the policy provisions shall control; provided, that nothing contained in this section shall be deemed to limit or restrict any employee’s or official’s right to full coverage pursuant to this chapter, it being the intent of this chapter and section to provide the coverage detailed in this chapter only outside and beyond insurance policies which may be in effect, while not compromising the terms and conditions of such policies by any conflicting provision contained in this chapter. (Ord. 2 § 9, 1994).
2.45.100 Pending claims.
This chapter shall apply to any pending claim or lawsuit against an official or employee, or any such claim or lawsuit thereafter filed, without regard to the date of the events or circumstances which are the basis of the claim or lawsuit. (Ord. 2 § 10, 1994).
Chapter 2.50
DEFERRED COMPENSATION
PLAN TRUST FUNDSections:
2.50.010 Established.
2.50.020 Administration.
2.50.010 Established.
There is established an Internal Revenue Code Section 457 deferred compensation plan trust fund for the city. (Ord. 97-132 § 1).
2.50.020 Administration.
The city’s Internal Revenue Code Section 457 deferred compensation plan shall be with ICMA Retirement Corporation and the State of Washington Deferred Compensation Plan. The administrator of the city’s plan shall be the city treasurer or the treasurer’s designee. (Ord. 97-132 § 2).
Chapter 2.55
CITY CREDIT CARDSSections:
2.55.010 Purpose.
2.55.020 Distribution.
2.55.030 Authorization and control.
2.55.040 Payment of bills.
2.55.050 Responsibility for charges.
2.55.060 Cash advances.
2.55.070 Credit limits.
2.55.080 Personal use.
2.55.090 Additional policies or procedures.
2.55.010 Purpose.
City of Newcastle credit card usage is intended to provide an efficient method for the purchase of goods and services when the use of the city’s purchasing system is not possible or practical. The finance director shall implement the system set forth in this chapter for the distribution, authorization and control, credit limits and payment of bills related to the use of credit cards by city officials and employees. (Ord. 98-164 § 1; Ord. 97-140 Exh. A § 1).
2.55.020 Distribution.
Credit cards may be distributed to those city officials and employees who, in the opinion of the director or his/her designee, have job responsibilities which would benefit or otherwise be facilitated by the use of a credit card. (Ord. 98-164 § 2; Ord. 97-140 Exh. A § 2).
2.55.030 Authorization and control.
The finance director shall develop and implement guidelines and accounting controls to ensure the proper usage of credit cards and credit card funds. (Ord. 98-164 § 3; Ord. 97-140 Exh. A § 3).
2.55.040 Payment of bills.
The finance director shall establish and implement a written procedure for the payment of all credit card bills. (Ord. 98-164 § 4; Ord. 97-140 Exh. A § 4).
2.55.050 Responsibility for charges.
Charges not properly identified will be paid by the employee before the credit card billing is due. Failure to do so will render the employee personally liable for the unpaid amount, plus interest. The city may deduct the amount of the expenditure for the officer or employee’s pay.
Failure to submit properly identified charges may result in a loss of credit card use privileges. (Ord. 97-140 Exh. A § 5).
2.55.060 Cash advances.
The use of “cash advances” with the city credit cards is strictly prohibited. (Ord. 97-140 Exh. A § 6).
2.55.070 Credit limits.
The finance director shall set credit limits on each credit card issued; provided, that in no event shall such credit limits exceed $5,000 for any individual credit card. (Ord. 98-164 § 5; Ord. 97-140 Exh. A § 7).
2.55.080 Personal use.
Use of city credit cards for personal purchases is strictly prohibited. (Ord. 97-140 Exh. A § 8).
2.55.090 Additional policies or procedures.
The finance director is authorized to adopt any additional policies or procedures necessary to implement the provisions of this chapter. (Ord. 98-164 § 6).
Chapter 2.60
NEWCASTLE MUNICIPAL COURT*Sections:
2.60.010 Creation.
2.60.020 Jurisdiction.
2.60.030 Disposition of revenue.
2.60.040 Municipal judge.
2.60.050 Municipal court commissioner.
2.60.060 Court operation.
2.60.070 Sessions.
2.60.080 Municipal court seal.
2.60.090 Jury trial and fee.
2.60.100 Sentencing.
2.60.110 Criminal process.
2.60.120 Pleadings, practice and procedure.
2.60.130 References to state statutes.
* Code reviser’s note: Ordinance No. 2004-285 shall take effect and be in force November 1, 2004.
2.60.010 Creation.
The municipal court of the city of Newcastle (“municipal court”) is hereby created, which shall have jurisdiction and exercise all powers vested in the municipal court by Chapter 3.50 RCW together with such other powers and jurisdiction as are generally conferred on such courts in Washington, either by common law or statute. The municipal court shall commence operation on January 1, 2005. (Ord. 2004-285 § 1).
2.60.020 Jurisdiction.
The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city of Newcastle ordinances and exclusive original criminal jurisdiction of all violations of city of Newcastle ordinances. The municipal court shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared by city of Newcastle ordinance or state statute. The municipal court is also empowered to forfeit cash bail or bail bonds and issue execution thereon, to take recognizance, approve bail and arraign defendants held on warrants; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such city ordinances; to issue process including without limitation subpoenas and search warrants; and to pronounce judgment in accordance therewith. Finally, the municipal court shall have all jurisdiction conferred on it by statute. Notwithstanding the foregoing, the district court for King County, Bellevue division, shall continue to have jurisdiction over any matter filed with the district court by the city of Newcastle before January 1, 2005, so long as the matter has not been transferred by court order of the Newcastle municipal court. (Ord. 2004-285 § 1).
2.60.030 Disposition of revenue.
Costs in civil and criminal actions may be imposed as provided in district court pursuant to RCW 3.62.060 and 10.01.160 or other applicable law. All fees, costs, fines, forfeitures and other money imposed by the municipal court for the violation of any city ordinances shall be collected by the court clerk and shall be deposited with the city finance director in conformance with state law and procedures adopted by the city manager, or shall be remitted to the city of Newcastle by the terms of interlocal agreement as approved by the city council and signed by the city manager. These funds shall be retained or disbursed pursuant to city ordinances, policies, rules and state law, such as RCW 3.50.100. (Ord. 2004-285 § 1).
2.60.040 Municipal judge.
A. Appointment. Consistent with RCW 3.50.003, 3.50.040 and 35A.13.080, within 30 days after the effective date of the ordinance codified in this chapter, the city manager shall appoint a municipal judge who shall work less than a full-time equivalent as defined in RCW 3.50.055. Pursuant to RCW 3.50.040 and 35A.13.080, this appointment is subject to confirmation by the city council.
B. Term. Consistent with RCW 3.50.040, the municipal judge shall serve a term of four years, with the initial appointment of the judge under this chapter expiring December 31, 2005. On or before December 1, 2005, the city manager shall make an appointment of a judge for a term commencing January 1, 2006, and expiring December 31, 2009; provided, that the judicial position continues as a less than full-time equivalent position as defined in RCW 3.50.055. Appointments, if appropriate, for each term thereafter shall be made on or before December 1st of the next preceding year in which the judicial term commences. In the event that the judicial position becomes a full-time equivalent position as defined in RCW 3.50.055, an election shall be conducted the year preceding the expiration of the appointed term.
C. Judicial Qualifications. At the time of the appointment or election, the person appointed or elected shall be qualified for the position of municipal judge under all applicable state statutes, including without limitation RCW 3.50.040 and 3.50.050.
D. Additional Judges. Additional full-time or part-time municipal judicial positions may be filled in accordance with RCW 3.50.055, when in the judgment of the city manager, and following approval by the city council, the public interest and the administration of justice make such additional judge or judges necessary.
E. Judges Pro Tem. The municipal judge shall, in writing, appoint judges pro tem who shall serve in absence, disability, or disqualification of the regular municipal judge, subsequent to the filing of an affidavit of prejudice, or when the administration of justice and the accomplishment of the work of the municipal court make it necessary; provided, however, that the compensation of all judges pro tem shall be within the municipal court budget adopted by the city council. A pro tem judge’s term of appointment shall also be specified in writing. The judges pro tem shall receive such compensation as is received, on an hourly basis, by the municipal judge, or as otherwise fixed by resolution or by ordinance. The pro tem judge shall meet the qualifications required for the position of municipal court judge as provided herein. Before entering upon judicial duties, the pro tem judge shall take, subscribe and file an oath in the same form as that of the duly appointed municipal judge and thereafter shall have all the powers of the appointed municipal judge. When deemed necessary by the municipal judge, he/she may make a temporary appointment of a judge pro tem to preserve an individual’s rights according to law or to respond to emergency circumstances, effective for up to one week.
F. Vacancy. Any vacancy in the municipal court due to death, disability, or resignation of a judge shall be filled by the city manager, for the remainder of the unexpired term. The appointment shall be confirmed by the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this section.
G. Removal.
1. Removal for Misconduct/Malfeasance. Pursuant to RCW 3.50.095, a judge may be removed from office during the term of his or her appointment upon “conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office.” “Conviction of misconduct or malfeasance” in office shall include without limitation:
a. Conviction of any criminal offense by the judge during the term of office; or
b. A determination by the Washington State Judicial Conduct Commission that a code or standard of judicial conduct has been violated.
2. Removal by Judicial Conduct Commission. A municipal court judge may also be removed from office by the Washington State Judicial Conduct Commission and/or the Washington State Supreme Court, as described in Chapter 2.64 RCW or other applicable law. No separate action by the city council is required to effect such removal.
H. Oath and Bond. Every judge of the municipal court, before entering upon the duties of the office, shall take and subscribe to the following oath or affirmation:
I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the Municipal Court of the City of Newcastle, according to the best of my ability.
The oath shall be filed in the office of the King County auditor and with the Newcastle city clerk. The judge shall give such bonds to the state and city for the faithful performance of the judge’s duties as may be required by state law or ordinance.
I. Compensation. Pursuant to RCW 3.50.080, the judge’s compensation shall be set by the city council by budget ordinance, or by means of interlocal agreement. Other terms of employment shall be set by a professional services agreement, which will be entered into between the city manager on behalf of Newcastle and the appointed judge, or by means of interlocal agreement. (Ord. 2004-296 § 1; Ord. 2004-285 § 1).
2.60.050 Municipal court commissioner.
Pursuant to RCW 3.50.075, municipal court commissioner(s) may be appointed by the judge so long as the compensation for such commissioner is within the municipal court budget adopted by the city council. The commissioner shall serve at the pleasure of the judge. (Ord. 2004-285 § 1).
2.60.060 Court operation.
As part of each budget presentation, the city manager or his or her designee, following consultation with the judge, will prepare a proposed municipal court budget and will make a recommendation on such budget to the city council. The budget for the municipal court is subject to city council approval. Unless otherwise established by interlocal agreement, all employees of the municipal court shall be deemed employees of the city and they shall be subject to all applicable provisions of city employee handbooks, rules, regulations and other applicable state laws and rules such as RCW 3.50.080 and General Court Rule 29. (Ord. 2004-285 § 1).
2.60.070 Sessions.
The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the city manager; provided, that the municipal court shall not be open on nonjudicial days, as established by state law. This section shall not prevent the judge from granting telephonic approval or entry of search warrants, issuing no contact orders, or determinations of probable cause, regardless of whether or not the municipal court is officially open. (Ord. 2004-285 § 1).
2.60.080 Municipal court seal.
The municipal court shall have a seal which shall be the vignette of George Washington, with the words “Seal of the Municipal Court of Newcastle, State of Washington” surrounding the vignette. (Ord. 2004-285 § 1).
2.60.090 Jury trial and fee.
Jury trials shall be allowed as specifically provided for in RCW 3.50.135, or in accordance with state law. A party requesting a jury trial shall pay to the municipal court a fee which shall be the same amount as for a jury trial in district court. If more than one party requests a jury, the fee shall be apportioned. Jurors shall be reimbursed for their costs and mileage pursuant to RCW 3.50.135 for each day in attendance at the municipal court in the amounts set by the city council. These fees may be included in the costs that are imposed by the court upon a defendant. (Ord. 2004-285 § 1).
2.60.100 Sentencing.
The judge shall have the broadest authority and greatest discretion consistent with the Newcastle Municipal Code and applicable state law with respect to sentencing and probation. In matters of execution of sentence, deferral of sentence, continuing jurisdiction after sentencing and termination of probation, the judge shall be guided by applicable state law, such as RCW 3.50.300 through 3.50.340 and 3.50.440. (Ord. 2004-285 § 1).
2.60.110 Criminal process.
All criminal process issued by the municipal court shall be consistent with RCW 3.50.425, shall be in the name of the state of Washington and run throughout the state, and shall be directed to and served by the director of the department of public safety, chief of police or other police officer of any city or to any sheriff in the state. (Ord. 2004-285 § 1).
2.60.120 Pleadings, practice and procedure.
Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall be governed by RCW 3.50.450 and all other statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts, including without limitation the Washington Rules for Courts of Limited Jurisdiction and Local Rules of the District Court for King County. (Ord. 2004-285 § 1).
2.60.130 References to state statutes.
All references in this chapter to state statutes, including without limitation Chapter 3.50 RCW, shall be deemed to incorporate by reference such state statutes, as now existing or hereafter adopted or amended. (Ord. 2004-285 § 1).
Chapter 2.65
CHANGE ORDERS AND CONTINGENCIESSections:
2.65.010 Definitions.
2.65.020 Change orders – Roles.
2.65.030 Change orders – Issuance and authorities.
2.65.040 Contingency provisions.
2.65.050 Fiscal responsibility of the public works director.
2.65.060 Reasonable exception.
2.65.010 Definitions.
Words and terms not defined shall have their ordinary meaning.
A. “Authorized signatory” means an individual authorized to commit a party to a contract or to a change order.
B. “Change order” means a valid instruction, from an authorized signatory of the city, that results in revised work to a contract. Change orders are appended to the original contract and become part of said contract.
C. “Contingency provision” means a budgeted amount of money used to pay the cost of change orders and expressed as a percentage of the bid amount accepted by the city to complete the work contemplated in the bid.
D. “Contract” shall be defined as set forth in RCW 39.04.010, and as amended in the future.
E. “Exceptional change order” means a change order approved under the reasonable exception section of this chapter that, either singularly or in the aggregate, exceeds 10 percent of the original bid amount accepted by the city.
F. “Original contract” means a contract exclusive of any subsequently appended change orders.
G. “Project manager” means a direct employee of the city of Newcastle responsible for the management of a given public work.
H. “Public work” shall be defined as set forth in RCW 39.04.010, and as amended in the future.
I. “Public work contract” means a contract let to complete a public work.
J. “Revised work” means the change, addition, or deletion of work within a public work contract. (Ord. 2005-313 § 1).
2.65.020 Change orders – Roles.
The positions or body identified below have the following roles in change orders:
A. City Council. Authorized to approve any and all change orders, particularly those in amounts in excess of the authority granted below.
B. City Manager. Authorized to negotiate and approve any and all change orders in accordance with the authority granted by the city council.
C. Public Works Director. Authorized to negotiate and approve change orders for all public works as specified in NMC 2.65.030. The public works director shall timely notify the city manager of all change orders approved by the public works director.
D. Project Manager. Not authorized to approve change orders but is authorized to (1) determine whether change orders should be issued to initiate revised work, (2) negotiate change orders for subsequent approval by his or her superior, and (3) add working days to the original contract for weather delays (as the project manager may determine) or other bona fide reasons (as determined by the project manager when in the absence of the city manager and public works director). The project manager shall timely report said determinations, negotiations, and additions to the public works director or to the city manager in the absence of the public works director.
E. Design Engineer. Not authorized to negotiate or approve change orders, but is to be consulted on all change orders other than simple variations of quantity. (Ord. 2005-313 § 1).
2.65.030 Change orders – Issuance and authorities.
A. Issuance. Change orders may be issued to effect revised work that is required as a result of unanticipated developments that arise during the performance of a public work contract. A change order is issued by the city, provided the revised work can be considered a reasonable part of the original scope and intent of the public work rather than departing from it, and where it clearly would be contrary to the public interest to halt the public work and call for bids.
B. Authority. Change orders that result in a final contract cost in excess of the bid amount accepted by the city may be administratively approved if the changes made are in accordance with this chapter, executed in writing, and approved by the appropriate authorized signatory.
1. City Council. The city council may authorize any change order. Such authorization shall require majority approval of the council.
2. City Manager. The city manager may approve change orders, whether singularly or in aggregate, for any given public work up to an amount equal to $100,000 or up to an amount equal to 10 percent of the original bid amount accepted by the city to complete the work contemplated in the bid, whichever is less. The city manager may exceed the aforementioned $100,000 amount or 10 percent amount in accordance with the provisions of NMC 2.65.060.
a. Notwithstanding subsection (B)(2) of this section, the city manager may approve change orders for the Coal Creek Parkway Construction Phase II and Phase III Projects, whether singularly or in aggregate, in amounts up to $500,000 for each of these projects. During the effective period of the project, the city manager or the public works director shall provide a report and an accounting at regular meetings of the city council concerning all change orders approved by the city, as well as the balance remaining in the Coal Creek Parkway Construction Project contingency.
b. Subsection (B)(2)(a) of this section shall be in effect until the completion of Phases II and III of the Coal Creek Parkway Construction Project, or December 31, 2010, whichever occurs later.
3. Public Works Director. The public works director may approve change orders according to policy established by the city manager. (Ord. 2007-368 § 1; Ord. 2005-313 § 1).
2.65.040 Contingency provisions.
Each public work contract shall have a contingency provision as set forth in this section. The contingency shall equal 10 percent of the original bid amount accepted by the city to complete the work contemplated in the bid. The contingency provision shall be used exclusively to pay the costs associated with change orders for a given public work and for no other purpose. (Ord. 2005-313 § 1).
2.65.050 Fiscal responsibility of the public works director.
The public works director shall apprise the finance director of all anticipated and actual fiscal obligations of public works contracts and change orders, and shall verify sufficient funds are available to cover said obligations of the city prior to letting public works contracts or authorizing change orders. (Ord. 2005-313 § 1).
2.65.060 Reasonable exception.
Notwithstanding the provisions of RCW 39.04.280, in unique circumstances the city manager may exceed the authority granted in NMC 2.65.030, if it is deemed in the best interest of the public and the project to approve an exceptional change order; provided, that based upon the recommendation of the public works director and/or the project manager, not issuing the exceptional change order would risk unacceptable project delay and/or higher costs (e.g., remobilization); and provided further, that the next regular city council meeting is sufficiently far in the future that not issuing the exceptional change order would significantly risk the project’s ultimate cost and/or anticipated completion. In the event the city manager approves an exceptional change order under this reasonable exception provision, he/she shall notify the city council at the next regular meeting of the city council and seek ratification of his/her actions by resolution of the city council. (Ord. 2005-313 § 1).
Chapter 2.70
DOMESTIC PARTNER BENEFITSSections:
2.70.010 Domestic partner benefits.
2.70.020 Eligibility.
2.70.030 Revisions to personnel policies.
2.70.010 Domestic partner benefits.
The AWC Employee Benefit Trust extends dependent eligibility to employees’ domestic partners and their children. In accordance with the policies of AWC Employee Benefit Trust as it is presently constituted or hereinafter amended, the city of Newcastle will provide benefit coverage to a domestic partner of the same or opposite sex and dependent children on the same basis as provided to a spouse and dependent children. (Ord. 2007-363 § 1).
2.70.020 Eligibility.
Eligibility for domestic partnership status will be established by presentation of an affidavit of domestic partnership meeting the criteria for domestic partners contained in the AWC Employee Trust Benefit policies as currently written or hereinafter amended. (Ord. 2007-363 § 2).
2.70.030 Revisions to personnel policies.
At such time as the city council revises the city of Newcastle personnel policies for any reason, the extension of benefits to domestic partners, as adopted herein, shall be included in the revisions. The extension of benefits to domestic partners shall not be conditioned upon the revision of the city’s personnel policies, but upon compliance with NMC 2.70.020. (Ord. 2007-363 § 3).
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