Title 2
ADMINISTRATION AND PERSONNEL

Chapters:

2.02 Personnel System

2.04 Council Rules

2.08 Council Meetings

2.12 Civil Service Commission

2.14 Police Retirement System

2.16 Board of Park Commissioners

2.17 Trails Commission

2.18 Arts Commission

2.20 Emergency Preparedness

2.22 Public Corporation

2.24 The Volunteer Firefighters Relief and Pension Fund

2.28 Disability Board

2.32 Standing Committees of Council

2.36 City Attorney

2.48 Bonds

2.52 Fire Department

2.54 Firefighters’ Relief and Pension System

2.56 Library Board of Trustees

2.60 Repealed

2.64 City Engineer

2.76 Elective Officials and Candidates — Disclosure Statements

2.80 Representation of City to Legislative Bodies

2.84 Citizens Service Bureau

2.86 Selection of Architectural and Engineering Consultants

2.88 Jail Facilities

2.90 Repealed

Chapter 2.02
PERSONNEL SYSTEM

Sections:

2.02.010 Adoption of personnel system.

2.02.020 Definitions.

2.02.030 Administration.

2.02.040 Application.

2.02.050 Appointment of department heads.

2.02.060 Hiring.

2.02.070 Adoption and amendment of rules.

2.02.080 Volunteer support firefighters — Compensation.

2.02.010 Adoption of personnel system.

In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the following personnel system is adopted. (Ord. 1394 § 3 (part), 1987).

2.02.020 Definitions.

The terms used to administer the personnel system shall be defined in the personnel rules. (Ord. 1394 § 3 (part), 1987).

2.02.030 Administration.

The Mayor shall administer the city personnel system and may delegate any of the powers and duties to a Personnel Director or may delegate the appointing authority granted to the Mayor to any other officer or employee of the city. The Mayor:

(1) Acts as the appointing authority for the city;

(2) Administers all the provisions of this chapter and of the personnel rules not specifically reserved to the City Council;

(3) Has the authority to discipline employees in accordance with personnel rules of the city;

(4) Within the constraint of budgetary authority, contracts as needed for the performance of technical services in connection with the establishment or operation of the personnel system; and

(5) Performs any other duty that may be required to administer the personnel system. (Ord. 1394 § 3 (part), 1987).

2.02.040 Application.

The provisions of this chapter shall apply to all offices, positions and employment in the service of the city, except:

(1) Elected officials;

(2) Members of appointed boards, commissions and committees;

(3) Persons engaged under contract to supply expert, professional, technical or any other services;

(4) Volunteers such as volunteer firefighters, except where specifically addressed in this chapter; and

(5) Any temporary position primarily funded under a state or federal employment program. (Ord. 1394 § 3 (part), 1987).

2.02.050 Appointment of department heads.

The positions of Chief of Police, Fire Chief, Personnel Director, Finance Director, Planning Director, Public Works Director and Parks and Recreation Director and all other positions of department head level which may hereafter be established shall be filled by appointment by the Mayor, subject to confirmation by a majority vote of the City Council, and shall serve at the pleasure of the Mayor. (Ord. 1394 § 3 (part), 1987).

2.02.060 Hiring.

Appointments to vacant positions of employment shall be made in accordance with the personnel rules. (Ord. 1394 § 3 (part), 1987).

2.02.070 Adoption and amendment of rules.

The following personnel rules are adopted:

(1) The compilation of personnel rules and regulations governing the personnel practices of the city entitled "City of Redmond Personnel Manual" is adopted as the official personnel rules for the city, together with such revisions and additions as may be determined by the Mayor to be necessary and adopted from time to time by written order of the Mayor.

(2) That certain document entitled "Personnel Administration Manual, 1974 edition," is repealed. (Ord. 1394 § 3 (part), 1987).

2.02.080 Volunteer support firefighters — Compensation.

Compensation to be paid by the city to volunteer support firefighters shall be established by the Fire Chief and approved through the budgetary process. (Ord. 1394 § 3 (part), 1987).

Chapter 2.04
COUNCIL RULES

Sections:

2.04.010 Purpose — Scope.

2.04.030 Special meetings.

2.04.040 Meetings public — Executive sessions.

2.04.050 Quorum — Absent members.

2.04.060 Presiding officer — Mayor, Clerk pro tempore.

2.04.070 Agenda.

2.04.075 Public hearing notice and notice of preliminary Council agenda.

2.04.080 Attendance of officers.

2.04.090 Absent officials subject to fine.

2.04.100 Committee reports.

2.04.110 Journal — Ayes, nays.

2.04.120 Public discussion — Disorderly persons.

2.04.130 Presiding officer’s duties.

2.04.140 Debate limited.

2.04.150 Voting — Disqualification.

2.04.170 Motions, resolutions, ordinances in writing — When — Introduction.

2.04.200 Motion to lay on the table.

2.04.220 Tie votes.

2.04.230 Questions of order.

2.04.250 Robert’s Rules of Order.

2.04.255 Quasi-judicial matters.

2.04.260 Requests for additional public hearings.

2.04.270 Written materials submitted subsequent to public hearings.

2.04.280 Reconsideration of quasi-judicial actions.

2.04.290 Reconsideration of actions which are not quasi-judicial.

2.04.010 Purpose — Scope.

The order of procedure and business herein contained shall govern deliberations and meetings of the City Council except as the same may be in conflict with RCW Chapter 35A.12. (Ord. 598 § 1, 1972: Ord. 392 § 1, 1966).

2.04.030 Special meetings.

Special meetings may be called by the Mayor or by a majority of the council by written notice delivered personally or by mail to each Council member and the Mayor at least twenty-four hours prior to the time set for the meeting as specified in the notice. The requirements of the "open meeting law," RCW Chapter 42.30 shall apply in all respects to special meetings of the Council. (Ord. 598 § 2, 1972: Ord. 392 § 3, 1966).

2.04.040 Meetings public — Executive sessions.

All regular and special meetings of the Council shall be open to the public. The Council may hold executive sessions from which the public may be excluded for those purposes set forth in RCW 42.30.110 (Open Meeting Law), may order the removal of individuals who are interrupting the meeting as provided in RCW 42.30.050, and may exclude witnesses during investigation of a matter by the Council as provided in RCW 42.30.110. (Ord. 598 § 3, 1972: Ord. 392 § 4, 1966).

2.04.050 Quorum — Absent members.

A majority of the members of the Council shall constitute a quorum at all meetings of the Council, but a less number may adjourn from time to time and may compel the attendance of absent members by direction to the Chief of Police under penalty. Once a meeting has been constituted and called to order, no member present shall absent himself from the same without leave of the presiding officer or a majority of the Council.

The passage of any ordinance, grant or revocation of franchise or license, and any resolution for the payment of money shall require the affirmative vote of at least a major-

ity of the whole membership of the Council. (Ord. 598 § 4, 1972: Ord. 392 § 5, 1966).

2.04.060 Presiding officer — Mayor, Clerk pro tempore.

All meetings of the Council shall be presided over by the Mayor, or, in his absence, by the Mayor pro tempore. If the Clerk is absent from a Council meeting, the Mayor or Mayor pro tempore shall appoint one of the members of the Council as Clerk pro tempore. The appointment of a councilman as Mayor pro tempore or as Clerk pro tempore shall not in any way abridge his right to vote upon all questions coming before the Council. (Ord. 392 § 6, 1966).

2.04.070 Agenda.

(a) Preparation of Agenda. An agenda of all regular meetings shall be prepared by the City Clerk and transmitted to the Mayor and Council members at least ninety-six hours prior to the time of the meeting. The agenda shall consist of the business to come before the City Council, but shall not preclude the Council from considering matters in addition to those set forth on said agenda. The heads of the various departments of the city should report agenda matters and deliver copies of supporting materials to the City Clerk in sufficient time for their inclusion on the agenda.

(b) Consent Agenda.

(1) Each agenda shall include a consent agenda in the order of business. Consent agenda items may include, but shall not be limited by this reference, approval of all Council minutes, acceptance of all advisory board and commission minutes, final approval of leases and contracts, final acceptance of grants, deeds or easements, setting dates for public hearings, approval of change orders, acknowledging receipt of claims for damages against the city, passage of resolutions and/or ordinances requiring no further public hearing and which the Council has given directions to prepare, and such other routine items as the Mayor and/or City Clerk may deem appropriate to be placed upon such a consent agenda.

(2) The reference material for all matters listed within the consent agenda shall be distributed to each member of the City Council for his/her review prior to the meeting. Matters on such consent agenda shall be considered to be routine and may be enacted by a single motion of the Council with no separate discussion unless removed from the consent agenda as hereafter provided.

(3) If separate discussion of any consent agenda item is desired, that item may be removed from the consent agenda at the request of any individual Council member. At the conclusion of passage of the consent agenda, those items removed at the request of any individual Council member shall either be discussed and acted upon before proceeding to the next item of business on the agenda or shall be set to a later position on the agenda for that meeting.

(c) Audience Participation. Items from the audience, limited to a maximum of four minutes per speaker, will be received during the meeting at the appropriate place on the agenda to encourage citizen input and participation in Council meetings. Citizens may, at the end of the meeting, continue to address the Council.

(d) Order of Business. The order of business shall follow as nearly as possible the order of the agenda as follows:

(1) Items from audience (a maximum of four minutes per speaker);

(2) Consent agenda (including approval of minutes and voucher and warrant approval);

(3) Hearings and reports:

(A) Hearings:

(i) Hearing (a maximum of four minutes per speaker, provided, that the Council may, in its discretion, allow additional time where the complexity of issues involved requires more time in order to give the speaker a reasonable opportunity to be heard on the matter),

(ii) Passage of any applicable ordinance or resolution,

(B) Reports:

(i) Staff reports,

(ii) Ombudsman reports;

(4) Unfinished business;

(5) New business;

(6) Ordinances and resolutions;

(7) Committee reports: (When it is determined that the City Council needs to vote on a committee report item other than to establish a meeting date or direct the committee to study any issue, the City Council shall place the item needing a vote on the Council agenda for a subsequent City Council meeting under old or new business);

(8) Adjournment.

The order of business set forth in this section is a guideline and shall not be construed in any way as to limit the order in which the Council may elect to proceed with its business. (Ord. 1803 § 1, 1994; Ord. 1679 §§ 1 – 3, 1992; Ord. 1505 § 1, 1989; Ord. 1269 § 1, 1985; Ord. 919 § 1, 1980: Ord. 636 § 1, 1974: Ord. 392 § 7, 1966).

2.04.075 Public hearing notice and notice of preliminary Council agenda.

Unless specific means of notifying the public of a public hearing are otherwise provided for by law or ordinance, notice of upcoming public hearings before the City Council or the city’s boards and commissions shall be given by one publication of a notice containing the time, place, date, subject and body before whom the hearing is to be held, either in the city’s official newspaper at least five (5) days before the date set for the hearing, or by publishing in any local newspaper at least twenty-four (24) hours in advance of the hearing and posting at the designated posting areas throughout the city at least twenty-four (24) hours in advance of the hearing.

The public shall be notified of the preliminary agenda for the forthcoming City Council meetings by posting a copy of the agenda in the designated public posting areas for the city at least twenty-four (24) hours in advance of the meeting. (Ord. 1803 § 2, 1994).

2.04.080 Attendance of officers.

Department heads, or when unavailable their representatives, shall attend all regular meetings of the Council and shall remain in attendance through the "Hearings and Reports" portion of the agenda, and for any of their items remaining on the agenda. The City Attorney shall attend all regular Council meetings and such other Council meetings as may be specified by the Mayor. Any member of the Council may, at any time, during a regular or special meeting of the Council at which the City Attorney is present, call upon the City Attorney for an oral or written opinion to decide any questions of law and may call upon any other officer for a report or recommendation as to any matter before the Council. (Ord. 1263 § 1, 1985: Ord. 392 § 8, 1966).

2.04.090 Absent officials subject to fine.

Every officer, whose duty it is to report at the regular meetings of the Council shall, in default thereof, be fined at the discretion of the Council not to exceed one day’s base pay, unless previously excused from attendance. (Ord. 598 § 5, 1972: Ord. 392 § 9, 1966).

2.04.100 Committee reports.

The chairman of each respective committee, or the councilman acting for him in his place, shall submit or make all reports to the Council when so requested by the presiding officer or any member of the Council. (Ord. 392 § 10, 1966).

2.04.110 Journal — Ayes, nays.

The Clerk shall keep a correct journal of all proceedings and, at the desire of any member, the ayes and nays shall be taken on any question and entered in the journal. (Ord. 392 § 11, 1966).

2.04.120 Public discussion — Disorderly persons.

No person, not a member of the Council, shall be allowed to address the same while in session without the permission of the presiding officer, or specific request of any Council member. The presiding officer shall have the authority to limit the time allowed to address the Council. Disorderly persons, including those who do not abide by the rules established, may be removed from the meeting place at the direction of the presiding officer. (Ord. 392 § 12, 1966).

2.04.130 Presiding officer’s duties.

It shall be the duty of the presiding officer of the Council meeting to:

(1) Call the meeting to order;

(2) Keep the meeting to its order of business;

(3) State each motion and require a second to that motion before permitting discussion;

(4) Handle discussion in an orderly way:

(A) Give every councilman who wishes an opportunity to speak,

(B) Keep all speakers to the rules and to the questions,

(C) Give pro and con speakers an equal opportunity to speak;

(5) Put motions to a vote and announce the outcome;

(6) Suggest but not make motions for adjournment;

(7) Appoint committees when authorized by law or Council action. (Ord. 598 § 6, 1972: Ord. 392 § 13, 1966).

2.04.140 Debate limited.

No member shall speak more than twice on the same subject without permission of the presiding officer. (Ord. 392 § 14, 1966).

2.04.150 Voting — Disqualification.

Each member present must vote on all questions put to the Council, except as to matters with respect to which the councilman may have a conflict of interest, on the passage of every ordinance or resolution, on the appointment of any officer, and upon the award of any bid, the vote shall be taken by ayes and nays and entered in full upon the record. The vote shall be for or against the pending ordinance or resolution, and not on the report submitted thereon. (Ord. 392 § 15, 1966).

2.04.170 Motions, resolutions, ordinances in writing — When — Introduction.

The presiding officer and any member of the Council may require a motion to be reduced to writing prior to a vote upon the same. All resolutions and ordinances shall be in writing before being introduced at the meeting for adoption and shall be assigned a number by the City Clerk when introduced. It shall be sufficient for the Mayor or Mayor’s designee to orally read the title of the resolution or ordinance at the meeting to present the same to the Council for its consideration prior to its voting on the question of adoption of the ordinance or resolution; provided, that a majority of the Council may require the entire resolution or ordinance or any part thereof to be read aloud at the meeting prior to its consideration. (Ord. 957 § 1, 1980: Ord. 598 § 8, 1972: Ord. 392 § 17, 1966).

2.04.200 Motion to lay on the table.

Motions to lay any matter on the table shall be first in order. On all questions the last amendment, the most distant day, and the largest sum shall be put first. A motion to lay on the table shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon motion of a member voting with the majority and with the consent of two-thirds of the members present. (Ord. 392 § 20, 1966).

2.04.220 Tie votes.

In case of a tie vote on any question, the question shall be considered lost subject to the authority of the Mayor to cast a tie-breaking vote as provided in RCW 35A.12.100. Members abstaining because of a conflict of interest shall be recorded as not having voted. (Ord. 598 § 9, 1972: Ord. 392 § 22, 1966).

2.04.230 Questions of order.

All questions of order shall be decided by the presiding officer of the Council, with the right of appeal to the Council by any member. (Ord. 392 § 23, 1966).

2.04.250 Robert’s Rules of Order.

Robert’s Rules of Order, Revised, shall govern the deliberations of the Council, except when in conflict with any of the foregoing rules. (Ord. 392 § 25, 1966).

2.04.255 Quasi-judicial matters.

A. It is the policy of the City Council that its members should not attend meetings of other city boards and commissions concerning quasi-judicial matters which are then pending before the city and which will ultimately be decided by the Council.

B. Whenever a quasi-judicial matter pending before the City Council involves a specific site, each member of the Council may visit the site prior to the making of a final decision in order to better understand the evidence to be presented. At the public hearing, Council members should disclose what information was observed.

C. Whenever a quasi-judicial matter pending before the City Council has been the subject of a public hearing before the Hearing Examiner or Planning Commission, the Council shall allow only each side (proponents and opponents) to speak for a maximum of ten minutes each. No new evidence may be presented by either speaker, but testimony shall be limited to argument based upon the Hearing Examiner’s or Planning Commission’s record. All quasi-judicial items shall be noted on the agenda as being quasi-judicial and a statement shall appear on the agenda indicating that each side may speak for a maximum of ten minutes each.

D. Whenever the Council holds a public hearing on a quasi-judicial matter, whether an initial hearing or an additional hearing pursuant to Section 2.04.260, each speaker testifying before the Council shall be allowed to speak for a maximum of four minutes, provided, that the Council may, in its discretion, allow additional time where the complexity of issues involved requires more time in order to give the speaker a reasonable opportunity to be heard on the matter. (Ord. 1679 § 4, 1992; Ord. 1630 § 1, 1991).

2.04.260 Requests for additional public hearings.

Where the development guide requires the Hearing Examiner or Planning Commission to conduct a public hearing prior to making a recommendation to the City Council, the City Council may consider a request for an additional public hearing. The following rules of procedure shall be followed when determining if an additional public hearing will be held:

(1) A representative of proponents and a representative of opponents of a recommendation or decision of a hearing authority may speak at a regular meeting for no more than four minutes each, provided, that the Council may, in its discretion, allow additional time where the complexity of the issues involved requires more time in order to give the speaker a reasonable opportunity to be heard on the matter.

(2) The reasons for requesting an additional public hearing shall be clearly stated by the opponent or proponent. If possible, a written statement outlining the types of new evidence which merit additional public hearing shall be submitted.

(3) The Council shall review the arguments submitted to them concerning a request for an additional hearing either before the City Council or hearing authority on the basis of the following criteria:

(A) New evidence is available which was not considered by the hearing authority and may affect the hearing authority’s recommendation or decision;

(B) An error has been made by the hearing authority;

(C) The decision is one of broad general interest to the community.

(4) If the Council determines that the basis for holding an additional hearing is to consider substantial new evidence, the action shall be remanded to the original hearing body for an additional hearing.

(5) When the basis for holding a public hearing is an error by the hearing authority, or the decision is of a broad general interest, a hearing may be held before the City Council.

(6) If additional time is needed to review arguments submitted concerning an additional public hearing, the decision on a hearing should be delayed to the next meeting.

(7) A document shall be prepared and made available to citizens which explains the process for obtaining an additional public hearing. The document shall be available at City Hall. (Ord. 1679 § 5, 1992; Ord. 1219 § 1, 1984).

2.04.270 Written materials submitted subsequent to public hearings.

Written communications may be submitted to the City Council following the close of a public hearing, subject to the following procedures:

(1) Written materials received by the City Council shall be disclosed at the next regular City Council meeting. At that time the City Council should determine if the information submitted will be considered as part of the public record on the action.

(2) If written materials will be considered as part of the public record, an exhibit number shall be assigned and notice given to all parties who testified at the public hearing or requested notice of further actions that materials are available for inspection at the City Hall. When this occurs, the final decision on the action should be delayed to a specific date to allow written responses from interested parties.

(3) If written materials contain a request for an additional public hearing, the request will be reviewed under the criteria adopted to determine if an additional hearing will be held. (Ord. 1219 § 2, 1984).

2.04.280 Reconsideration of quasi-judicial actions.

(1) Any request or motion for reconsideration of a quasi-judicial action of the City Council must be made in writing to the City Clerk or orally to the City Council in an open public meeting. A motion to reconsider such action shall be out of order and shall not be acted upon unless made prior to taking up the new business portion of the City Council agenda at the next regular City Council meeting following the meeting at which the action was taken. During the reconsideration period, no ex parte communication shall be made to any City Council member concerning the quasi-judicial action. "Action" shall mean the vote of the City Council expressing a decision even though followed at a later date by passage of an ordinance or resolution.

(2) In the event the City Council elects to reconsider a quasi-judicial action, no revision to the action shall be made prior to giving those parties directly affected by the proposed revision notice of the proposed revision and a reasonable opportunity to be heard concerning it.

(3) No quasi-judicial action of the City Council shall be final for any purpose until completion of the period for reconsideration established by subsection (1) of this section.

(4) As used in this section, "regular meeting" shall mean any regularly scheduled meeting of the City Council at which final action may be taken. Council study sessions and special meetings of the Council shall not be considered regular meetings of the City Council for purposes of this section.

(5) Procedural matters not governed by this section shall be governed by the current edition of Roberts Rules of Order. (Ord. 1357 §§ 1, 2, 1987; Ord. 1336 § 4, 1986).

2.04.290 Reconsideration of actions which are not quasi-judicial.

(1) Any person, including any member of the Council, may request that the Council reconsider a decision on a matter which is not quasi-judicial in nature. Any request or motion for reconsideration of a City Council action which is not quasi-judicial must be made in writing to the City Clerk or orally to the City Council in an open public meeting. The procedure for reconsideration shall be governed by the latest edition of Robert’s Rules of Order and shall require that a motion to reconsider be made by a Council member who voted in the majority on the original action for which reconsideration is sought. The motion may be seconded by any other Council member, whether or not that member voted in the majority. A motion to reconsider an action shall be out of order and shall not be acted upon unless made prior to taking up the new business portion of the City Council agenda at the next regular City Council meeting following the meeting at which the action for which reconsideration is sought was taken. "Action" shall mean the vote of the City Council expressing a decision even though followed at a later date by passage of an ordinance or resolution.

(2) In the event that the City Council votes to reconsider an action which is not quasi-judicial in nature, the effect of the vote is to place the matter back before the Council as if no action had been taken. When a motion to reconsider is passed at a meeting other than the meeting at which the original action was taken, the Council shall not take new action on the reconsidered matter at that meeting, but shall set the matter over to the next regular City Council meeting following the meeting at which reconsideration was voted upon. The agenda for the Council meeting at which any reconsidered action will be taken up for final action shall reflect that the matter has been brought before the Council upon reconsideration of an earlier action. Public notice provided concerning the agenda shall reflect the nature of the action. No public hearing shall be required on reconsideration of any non-quasi-judicial action, but the Council may allow public input on the reconsidered matter if it so desires. Any matter which the Council has voted to reconsider shall be placed under "unfinished business" on the agenda. Once the Council takes final action on the reconsidered matter, no further reconsideration may take place.

(3) The City Council may, by majority vote of the entire membership, suspend the requirement for deferring action on any reconsidered matter to the next regular meeting when the Council determines that sooner action is required to avoid undue hardship to the City or any interested person.

(4) As used in this section, "regular meeting" shall mean any regularly scheduled meeting of the City Council at which final action may be taken. Council study sessions and special meetings of the Council shall not be considered regular meetings of the City Council for purposes of this section.

(5) Procedural matters not governed by this section shall be governed by the current edition of Robert’s Rules of Order. (Ord. 1879 § 1, 1996).

Chapter 2.08
COUNCIL MEETINGS

Sections:

2.08.010 Regular meetings — Study sessions.

2.08.020 Place.

2.08.030 Meetings public — Executive sessions.

2.08.040 Tape recordings — Preservation.

2.08.050 Tape recordings — Use and public availability.

2.08.060 Tape recordings — Unlawful practices.

2.08.070 Tape recordings — Penalty for violations.

2.08.010 Regular meetings — Study sessions.

(a) Regular meetings of the City Council shall be held on the first, and third Tuesdays of each month at seven-thirty p.m.

(b) The second and fourth Tuesdays of each month commencing with the applicable Tuesday following April 28, 1980, shall be deemed to be workshop or study sessions. The City Council shall not take a final vote on any item that comes before it at such a session. Participation by members of the audience at any designated workshop or study session of the Council shall be permitted only upon the concurrence of a majority of the Council members present.

(c) In the event there is no business to be conducted on either the second or fourth Tuesday of any given month, no meetings need be held and notice of cancellation of the same shall be posted at the entrance to the City Hall and/or the City Council chambers.

(d) Should any Council meeting, regular or study session, fall upon a date designated as a legal holiday, such meeting shall be held at the same hour on the next succeeding business day that is not a holiday, excluding Saturdays and Sundays. In addition, the City Council may by motion and a majority vote of those members present, change the date of any regular special or study session.

(e) No business shall be considered after eleven p.m. of each meeting except by leave of a majority of the Council members present. Notwithstanding the foregoing, the City Council may complete deliberations and vote on any motion which was pending before the body at eleven p.m. without the necessity of seeking leave of the majority of the Council members to continue. (Ord. 921 § 1, 1980: Ord. 553 § 1, 1971: Ord. 283 § 1, 1962).

2.08.020 Place.

(a) All meetings of the City Council, whether regular or special, shall be held at the Council chambers of the City Hall except as provided in this section. The City Council may, at its discretion, adjourn a meeting to any other appropriate place either within or outside the corporate limits of the city and notice shall be posted at the City Hall setting forth the location to which the meeting has been adjourned.

(b) Nothing contained in this section shall be construed to prohibit or otherwise limit the City Council from setting the location of either a special or regular meeting at a location outside the corporate limits of the city upon the giving of notice as may be required by the State Open Public Meetings Act as codified in RCW Chapter 42.30 and by also posting notice of the location at the City Hall. (Ord. 913 § 1, 1980: Ord. 283 § 3, 1962).

2.08.030 Meetings public — Executive sessions.

All meetings of the City Council, regular or special, shall be open to the public at all times; provided, that executive sessions of the Council may be held, from which the public is excluded, for purposes other than the final adopting of an ordinance, resolution, rule, regulation, order or directive. (Ord. 283 § 4, 1962).

2.08.040 Tape recordings — Preservation.

The City Clerk is designated as the official custodian of magnetic tape recordings which have been made of meetings of the City Council and shall keep and maintain such tapes in the city’s vault or other secure place in the office of the City Clerk for a period of two years, after which the magnetic tapes may be reused or otherwise erased or destroyed. (Ord. 659 § 1, 1974).

2.08.050 Tape recordings — Use and public availability.

The magnetic tape recordings of City Council meetings are for the primary use of the City Clerk for assistance in the preparation of the minutes of the meetings for the journal of proceedings required under RCW 35A.12.110 and are not intended to replace such journal as a public record of such meetings. The City Clerk shall make the magnetic tape recordings available for listening by City Council members, staff, members of the public and other interested persons, but shall take necessary and appropriate precautions for the protection of the recordings. For this purpose, the City Clerk shall make a duplicate tape of the recordings and may adopt reasonable rules and regulations to provide an appropriate place, time and opportunity for listening to the tape recordings and to protect and safeguard the tape recordings from tampering, erasure or other misuse. (Ord. 659 § 2, 1974).

2.08.060 Tape recordings — Unlawful practices.

It is unlawful for any person to remove any of the magnetic tape recordings of City Council meetings from the City Clerk’s office or from the custody of the City Clerk, to tamper with, erase or intentionally misuse such tape recordings in any manner whereby the content has been altered, changed or destroyed, or to violate any of the rules and regulations established by the City Clerk pursuant to Sections 2.08.040 through 2.08.070. (Ord. 659 § 3, 1974).

2.08.070 Tape recordings — Penalty for violations.

Any person found guilty of violating any of the provisions of Sections 2.08.040 through 2.08.060 shall be punished as provided in Section 1.01.110 of this code. (Ord. 659 § 4, 1974).

Chapter 2.12
CIVIL SERVICE COMMISSION

Sections:

2.12.010 Civil Service Commission created — Appointment.

2.12.012 Qualifications — Removal.

2.12.014 Terms of office.

2.12.016 Quorum.

2.12.020 Organization of commission — Powers and duties — Secretary.

2.12.030 Persons included — Competitive examinations — Transfers, discharges and reinstatements.

2.12.035 Noncommissioned personnel — Temporary inclusion — No vesting rights.

2.12.040 Existing positions blanketed under civil service.

2.12.045 Police Corps.

2.12.048 Initial hiring process for ALS-related fire department positions.

2.12.050 Qualifications of applicants.

2.12.060 Tenure of employment — Grounds for discharge, reduction or deprivation of privileges.

2.12.070 Procedure for removal, suspension, demotion or discharge — Investigation — Hearing — Appeal.

2.12.073 Executive sessions.

2.12.075 Right to return to civil service position.

2.12.080 Filling of vacancies — Probationary period.

2.12.090 Power to create offices, make appointments and fix salaries not infringed.

2.12.100 Enforcement by civil action — Legal counsel.

2.12.110 Deceptive practices, false marks, etc., prohibited.

2.12.120 Penalty — Jurisdiction.

2.12.130 Definitions.

2.12.300 Severability.

2.12.310 Applicability.

2.12.010 Civil Service Commission created — Appointment.

A Civil Service Commission is established. The commission shall consist of three people appointed by the Mayor to serve without compensation as members of the commission. (Ord. 1293 § 1 (part), 1985: Ord. 932 § 2 (part), 1980).

2.12.012 Qualifications — Removal.

No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of the city for at least three years immediately preceding such appointment, and an elector of the county wherein he resides. No confirmation of the appointment or appointments of members of the commission by any legislative body shall be required. Any member of the commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause; provided, however, that no member of the commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had. The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. (Ord. 1293 § 1 (part), 1985).

2.12.014 Terms of office.

Members shall hold office for a term of six years. Members whose present terms expire on December 31st shall serve until March 31st and all successive terms shall commence on April 1st. Each member shall hold office until a successor is appointed and takes the oath of office. (Ord. 1293 § 1 (part), 1985).

2.12.016 Quorum.

Two members shall constitute a quorum and the votes of any two members concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this chapter. (Ord. 1293 § 1 (part), 1985).

2.12.020 Organization of commission — Powers and duties — Secretary.

(a) Immediately after appointment, the commission shall organize by electing one of its members chairperson and hold regular meetings at least once a month, and such additional meetings as may be required for the proper discharge of their duties. It shall be the duty of the Civil Service Commission:

(1) To make suitable rules and regulations to implement this chapter which are not inconsistent with the provisions thereof. Such rules and regulations shall provide in detail the manner in which examinations may be held, and appointments, promotions, transfers, reinstatements, demotions, suspensions and discharges shall be made. The rules and regulations and any amendments thereof shall be printed, mimeographed or multigraphed for free public distribution. Such rules and regulations may be changed from time to time;

(2) All tests shall be practical and shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness and/or of manual skill;

(3) The rules and regulations adopted by the commission shall provide for a credit of ten percent in favor of all applicants for appointment under civil service, who, in time of war, or in any expedition of the armed forces of the United States, have served in and been honorably discharged from the armed forces of the United States, including the army, navy, and marine corps and the American Red Cross. These credits apply to entrance examinations only;

(4) The commission shall make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions and employments affected by this chapter, and ascertain whether this chapter and all such rules and regulations are being obeyed;

(5) Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose. Not only must these investigations be made by the commission as aforesaid, but the commission must make like investigation on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation, the commission or designated commissioner, or chief examiner, shall have the power to administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents and accounts appertaining to the investigation and also to cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court; and the oaths administered by a superior court judge in his judicial capacity; and the failure upon the part of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter and punishable as such;

(6) All hearings and investigations before the commission, or designated commissioner, or chief examiner, shall be governed by this chapter and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof neither the commission, nor designated commissioner shall be bound by the technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the commission or designated commissioner, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission; provided, however, that no order, decision, rule, or regulation made by any designated commissioner conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and until concurred in by at least one of the other two members;

(7) To hear and determine appeals or complaints respecting the administrative work of the Personnel Department, the rejection of an examination and such other matters as may be referred to the commission pursuant to the duties outlined in subsection (1) of this section;

(8) Establish and maintain in card or other suitable form a roster of employees covered by civil service;

(9) Provide for, formulate and hold competitive tests to determine the relative qualifications of persons who seek employment in any class or position and as a result thereof establish eligible lists for the various classes of positions as established by the city, and to provide that employees laid off because of curtailment of expenditures, reduction in force, and for like cause, head the list in the order of their seniority, to the end that they shall be the first to be reemployed;

(10) When a vacant position is to be filled, to certify to the appointing authority, on written request, the name of the three persons highest on the eligible list for the class. If there are no such lists, the commission shall make provision in their rules for provisional or temporary appointments for such positions. Such temporary or provisional appointment shall not exceed a period of six months in duration but may be extended for up to an additional six months if for any reason it cannot be determined at the expiration of the initial appointment that the position being filled by temporary or provisional appointment will in fact be vacant, such as in the instance of a position vacant due to an officer on disability leave under the LEOFF Act, or for other good cause which in the discretion of the commission warrants an additional extension of such a provisional or temporary appointment;

(11) Keep such records as may be necessary for the proper administration of this chapter.

(b) The Personnel Department through the director or the director’s designee shall perform the duties of, and serve as, the Civil Service Commission secretary and chief examiner. The duties of the secretary and chief examiner shall be to keep the records of the commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the commission may prescribe. (Ord. 1101 § 1, 1983; Ord. 1068 § 1, 1982: Ord. 932 § 2 (part), 1980).

2.12.030 Persons included — Competitive examinations — Transfers, discharges and reinstatements.

The provisions of this chapter shall include all full time, fully commissioned officers of the city’s police and/or fire departments except for the positions of Chief of the Fire Department, assistant Chief of the Fire Department, administrative assistant to the Chief of the Fire Department, the Police Chief and the assistant Police Chief, who because of the nature of their positions shall serve in their positions as other city department heads and assistants. All clerical, dispatchers, fire inspectors, mechanics and other employees of either the Police Department or Fire Department who are not fully paid commissioned police officers or firefighters are excluded from coverage under this chapter. The position of civil service secretary and chief examiner shall not be a civil service position. All appointments to and promotions covered by this chapter shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation. No person shall be reinstated in or transferred, suspended or discharged from any such place, position, or employment contrary to the provisions of this chapter. (Ord. 1101 § 2, 1983: Ord. 1068 § 2, 1982: Ord. 932 § 2 (part), 1980).

2.12.035 Noncommissioned personnel — Temporary inclusion — No vesting rights.

In recognition of a decision by the Washington State Court of Appeals for Division III, the City of Redmond determines it to be in the public interest to provide for temporary inclusion of noncommissioned personnel of the Police and Fire Departments in the civil service system.

(1) Until such time as the Washington State Supreme Court or State Legislature determine that a city’s civil service system is not required to include noncommissioned personnel, all regular, full-time, noncommissioned personnel of the Police and Fire Departments who are not covered by Section 2.12.030 as commissioned or uniformed officers of such department or excluded from coverage by such section, and the incumbents holding such positions as of the effective date of the ordinance codified in this section, are hereby included in the civil service system established by this chapter.

(2) The City reserves the right to remove noncommissioned personnel listed above whether incumbents in the position or persons hired after the effective date of the ordinance codified in this section. Such persons hereby are notified that their positions are subject to removal and no vested right shall be created by their temporary inclusion in the system or their removal from the system. Such persons are included in the civil service system and shall be hired, disciplined or removed from the system only in accordance with the provisions of this chapter until the City Council in its sole discretion deems it appropriate to remove such positions from civil service coverage.

(3) The Civil Service Commission is authorized to delegate the design and administration of the testing process for clerical positions to the City of Redmond Human Resources Department under the supervision of the Commission’s Secretary/Chief Examiner. (Ord. 1876 § 1, 1996).

2.12.040 Existing positions blanketed under civil service.

For the benefit of the public service and to prevent delay, injury or interruption therein by reason of the enactment of this chapter, all persons having completed probation and in the Police or Fire Department are hereby declared permanently appointed under civil service to the offices, places, positions or employments which they shall then hold respectively, and not on probation; and every such person is hereby automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds even though that office, place, position or employment is not subject to the civil service requirements of this chapter. (Ord. 932 § 2 (part), 1980).

2.12.045 Police Corps.

A. The Redmond Police Department is hereby authorized to participate in the Police Corps Program established by Title XX, Subtitle A of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. §§ 14091, et seq.

B. Candidates for the Police Corps Program, sponsored by the City of Redmond, shall be reviewed and approved by the Civil Service Commission, the Mayor, and the Police Chief prior to sponsorship.

C. Police Corps candidates shall be subject to all requirements of employment qualification, including but not limited to, background testing, polygraph, and other evaluations (collectively "testing"). Testing may be employed both prior to sponsorship and following completion of the program.

D. Following approval of sponsorship by the Civil Service Commission and the Police Chief, a candidate may be sponsored by the City. Upon successful graduation from the Police Corps, certification by the Washington Criminal Justice Training Commission, and completion of all testing, the candidate shall be employed as a probationary employee of the City subject to 42 U.S.C. § 14096 and regulations applicable to all law enforcement officers of the City. (Ord. 2124 § 1, 2002).

2.12.048 Initial hiring process for ALS-related fire department positions.

A. In order to implement a Memorandum of Understanding between the City of Redmond and the Redmond Fire Fighters Union No. 2829, the Civil Service Commission is hereby authorized and directed to adopt rules allowing for the transfer of employees of Evergreen Healthcare to the Redmond Fire Department in order to fill the positions of Fire Fighter-Paramedic, Medical Services Director, Medical Services Administrator, and Administrative Assistant, as created by the City and as necessary for the provision of Advanced Life Support Medic One Services on or after January 1, 2003.

B. The rule or rules to be adopted by the Commission shall provide for the establishment of an eligibility list for the newly created positions composed of all persons currently employed as Evergreen Healthcare Paramedics, Paramedic Trainees, Medical Services Officer, Medical Services Administrator, and Administrative Assistant who apply to be on such list and who meet the minimum qualifications for the position applied for.

C. The rule or rules to be adopted by the Commission shall establish testing procedures and a hiring process consistent with the Memorandum of Understanding referred to in subsection A of this section. Eligibles shall be ranked on the eligibility list as provided in the Memorandum of Understanding.

D. The rule or rules to be adopted by the Commission shall contain provisions regarding probation for employees who transfer their employment from Evergreen Healthcare consistent with the Memorandum of Understanding.

E. The provisions of this section authorizing the transfer of Evergreen employees to City of Redmond employment shall apply only in the case of the initial establishment of an eligibility list for the newly created positions and the initial hiring of persons to fill those positions. In the event that less than a sufficient number of qualified applicants from Evergreen Healthcare are available to fill the number of positions necessary to staff the ALS program, the Commission shall establish a lateral entry process to fill such positions. Once all positions have been filled initially, the filling of subsequent vacancies shall be as otherwise provided in this chapter or in the Commission’s rules and regulations, unless the applicable provisions of the collective bargaining agreements and memoranda of understanding between the City and the Redmond Fire Fighters Union otherwise provide. (Ord. 2146 § 1, 2002).

2.12.050 Qualifications of applicants.

An applicant for a position of any kind under civil service must be a citizen of the United States of America who can read and write the English language.

An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in ordinary good health, of good moral character and of temperate and industrious habits; these facts to be ascertained in such manner as the commission may deem advisable. (Ord. 932 § 2 (part), 1980).

2.12.060 Tenure of employment — Grounds for discharge, reduction or deprivation of privileges.

The tenure of everyone holding an office, place, position or employment under the provisions of this chapter shall be only during good behavior and any such person may be removed or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or other special privileges for any of the following reasons:

(1) Incompetency, inefficiency or inattention to or dereliction of duty;

(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow employee or any other act of omission or commission tending to injury the public service; or any other wilful failure on the part of the employee to properly conduct himself; or any wilful violation of the provisions of this chapter or the rules and regulations to be adopted hereunder;

(3) Mental or physical unfitness for the position which the employee holds, subject to the City’s obligations, if any, for reasonable accommodation as required by the Americans with Disabilities Act;

(4) Dishonest, disgraceful, immoral or prejudicial conduct;

(5) Drunkenness or use of intoxicating liquors, narcotics or any other habit forming drug, liquid or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee, which precludes the employee from properly performing the function and duties of any position under civil service, subject to the City’s obligations, if any, for reasonable accommodation as required by the Americans with Disabilities Act;

(6) Conviction of a felony, or a misdemeanor, involving moral turpitude;

(7) Any other act or failure to act which in the judgment of the civil service commissioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. (Ord. 1964 § 1, 1997; Ord. 932 § 2 (part), 1980).

2.12.070 Procedure for removal, suspension, demotion or discharge — Investigation — Hearing — Appeal.

No person in the classified civil service who has been permanently appointed or inducted into civil service under provisions of this chapter shall be removed, suspended, demoted or discharged except for cause, and only upon written accusation of the appointing authority or any citizen or taxpayer; a written statement of which accusation, in general terms, shall be served upon the accused, and a duplicate filed with the commission. Any person so removed, suspended, demoted or discharged may, within ten days from the time of his removal, suspension, demotion or discharge, file with the commission a written demand for an investigation whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made in good faith for cause. After such investigation, the commission may affirm the removal, or if it finds that the removal, suspension or demotion was made for political or religious reasons, or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment from which such person was removed, suspended, demoted or discharged; which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion or discharge.

All investigations made by the commission pursuant to the provisions of this section shall be by a hearing before the commission, or before another official appointed by the commission pursuant to its rules. The hearing may be held in executive session pursuant to Section 2.12.073 of this chapter. The accused must receive reasonable notice of the time and place of such hearing. At the hearing the accused shall be afforded to opportunity of appearing in person and by counsel, and presenting his/her defense. If such judgment or order of removal, suspension, demotion or discharge is concurred in by the commission or a majority thereof, the accused may appeal therefrom to King County Superior Court. Such appeal shall be taken by serving the commission, within thirty days after the entry of such judgment or order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and all papers on file in the office of the commission affecting or relating to such judgment or order, be filed by the commission with such court. The commission shall, within ten days after the filing of such notice, make, certify and file such transcript with such court. The court of original and unlimited jurisdiction in civil suits shall thereupon proceed to hear and determine such appeal in a summary manner; provided, however, that such hearing shall be confined to the determination of whether the judgment or order of removal, discharge, demotion or suspension made by the commission was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such ground or grounds. (Ord. 932 § 2 (part), 1980: Ord. 1385 § 1, 1987).

2.12.073 Executive sessions.

(a) Nothing contained in this chapter may be construed to prevent the commission from holding an executive session during a regular or special meeting:

(1) To conduct investigations and hearings and to receive and evaluate complaints or charges brought against a city official or an employee. However, upon the request of such official or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge.

(2) To discuss with legal counsel representing the commission matters relating to commission enforcement actions, or to discuss with legal counsel representing the commission litigation or potential litigation to which the commission, the city, or a civil service commissioner acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the city.

(3) As otherwise permitted by the State Open Public Meeting Act, RCW Ch. 42.30.

(b) Before convening in executive session, the chairperson of the commission shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the chairperson. (Ord. 1385 § 2, 1987).

2.12.075 Right to return to civil service position.

Whenever a person who has been permanently appointed or inducted into the civil service is promoted or otherwise transferred from a civil service position to a noncivil service position, such person, upon being demoted or otherwise transferred out of the noncivil service position, shall, unless waived, have the right to return to the civil service position and rank held at the time of transfer to the noncivil service position. (Ord. 1068 § 3, 1982).

2.12.080 Filling of vacancies — Probationary period.

A. Entry Level and Lateral Entry.

1. Police.

a. Whenever an entry level position in the police department shall be or become vacant, the appointing authority, if it desires to fill the vacancy, shall make a request to the Commission for the names and addresses of the persons eligible for appointment as provided on the current eligibility list. The Commission or its Chief Examiner shall certify the names of the three persons highest on such list.

b. If there is no entry level or lateral entry eligibility list for the position, the Commission shall either establish such a list as provided in this chapter or shall otherwise determine what list shall be deemed appropriate for such class.

c. If more than one vacant position is to be filled, the appointing authority may request a new certification for each appointment to be made. The Commission or Chief Examiner shall, for each successive request, certify the three highest eligibles.

d. The appointing authority shall, after review of the persons so certified, appoint one person to each such vacant position. If any person certified by the Commission is removed from the list or otherwise requests to not be considered for appointment, the Commission shall forthwith certify the next highest persons on the list to replace those removed. The Commission, in their rules, shall establish a procedure for removal of names from the eligibility list either prior to or subsequent to certification to the appointed authority.

2. Fire.

a. Whenever an entry level position in the fire department shall be or become vacant, the appointing authority, if it desires to fill the vacancy, shall make a request to the Commission for the names and addresses of the persons eligible for appointment as provided on the current eligibility list. The Commission or its Chief Examiner shall certify the names of all persons achieving the top three scores on the examination, regardless of tie.

b. If there is no entry level or lateral entry eligibility list for the position, the Commission shall either establish such a list as provided in this chapter or shall otherwise determine what list shall be deemed appropriate for such class.

c. If more than one vacant position is to be filled, the appointing authority may request a new certification for each appointment to be made. The Commission or Chief Examiner shall, for each successive request, certify the names of all persons achieving the top three scores on the examination, regardless of tie.

d. The appointing authority shall, after review of the persons so certified, appoint one person to each such vacant position. If any person certified by the Commission is removed from the list or otherwise requests to not be considered for appointment, the Commission shall forthwith certify the next highest persons on the list to replace those removed. The Commission, in their rules, shall establish a procedure for removal of names from the eligibility list either prior to or subsequent to certification to the appointed authority.

B. Promotional Appointments.

1. Police.

a. Upon being advised by the appointing authority of a vacancy in a promotional position within the police department, the Commission or Chief Examiner shall promptly certify the three highest ranking persons on the current promotional eligibility list for such vacant position, provided, that where two or more eligibles have the same score on the eligibility list, they shall both be certified in giving equal consideration.

b. If there is no current list of eligibles, the Commission or Chief Examiner shall call for examinations in accordance with this chapter and the adopted rules of the Commission, or shall otherwise determine what list shall be deemed appropriate for such position. If more than one vacancy is to be filled, an additional name shall be certified for each additional vacancy. The authority for making the final decision as to the method of filling the position will be vested in the appointing authority as controlled by this chapter and the Commission’s rules.

2. Fire.

a. Upon being advised by the appointing authority of a vacancy in a promotional position in the fire department, the Commission or Chief Examiner shall promptly certify the three highest ranking persons on the promotional eligibility list for such vacant position. Where two or more persons have the same score on the eligibility list, the tie shall be broken using department seniority.

b. If there is no list of eligibles, the Commission or Chief Examiner shall call from examinations in accordance with this chapter and the Commission’s rules. If more than one vacancy is to be filled, an additional name shall be certified for each additional vacancy. The appointing authority may appoint one of the top three persons to fill each vacant position.

C. Temporary, Provisional, and Emergency Appointments.

1. Emergency Appointments. To meet the immediate requirements of an emergency condition which threatens life or property, the appointing authority may appoint any person or persons whom the appointing authority may be legally empowered to appoint without restriction of civil service law and rules. Such employment shall be limited to the duration of the emergency period, which usually should not exceed sixty (60) days.

2. Provisional Appointments. Provisional appointments may be made in accord with Section 2.12.020(10) of the Redmond Municipal Code. Whenever requisition is to be made, or whenever a position is held by a provisional appointee and an eligible list for the class of such position exists, the Commission shall forthwith certify the names of the persons eligible for appointment to the appointing authority, according to the provisions of Subsections (A) and (B) above, and the appointing authority shall appoint one person so certified, provided they are found to in fact be qualified, to the vacant position.

D. Probationary Period. To enable the appointing authority to exercise a choice in the filling of positions, no appointment, employment or promotion in any position in the fire or police departments shall be deemed complete until after the expiration of a period of one year of probationary service, in the case of commissioned personnel, Police Support Officers and Communications Dispatchers, and six months of probationary service in the case of all other non-commissioned personnel, as shall be provided in the rules of the Civil Service Commission during which the appointing power may terminate the employment of the person certified to him/her, if during the performance test thus afforded, upon observance or consideration of the performance of duty, the appointing authority deems him/her unfit or unsatisfactory for service in the department, whereupon the appointing authority shall designate one of the persons certified as provided in Subsections (A) and (B) above for appointment. Such person or persons shall likewise enter upon the duties of the position until some person is found who is deemed fit for appointment, employment, or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be deemed to be complete. The Commission shall provide the procedure in its rules for extending probations for up to an additional six months if requested by the appointing authority. (Ord. 2171 § 1, 2003; Ord. 1964 § 2, 1997: Ord. 932 § 2 (part), 1980).

2.12.090 Power to create offices, make appointments and fix salaries not infringed.

All offices, places, classifications, job descriptions, positions and employments coming within the purview of this chapter shall be created by the Mayor and City Council or Mayor or whoever otherwise is vested with power and authority to select, appoint, or employ any person coming within the purview of this chapter, and nothing contained in this section shall infringe upon the power and authority of any such person or group of persons, or appointing authority, to fix the salaries and compensation of all employees employed hereunder. (Ord. 932 § 2 (part), 1980).

2.12.100 Enforcement by civil action — Legal counsel.

It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for the proper enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by the chief legal officer of the city, or his/her designee, but the commission may in any case be represented by special counsel appointed by it. (Ord. 932 § 2 (part), 1980).

2.12.110 Deceptive practices, false marks, etc., prohibited.

No commissioner or any other person, shall, by himself or in cooperation with one or more persons, defeat, deceive, or obstruct any person in respect of his right of examination or registration according to the rules and regulations of this chapter, or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified pursuant to the provisions of this chapter, or aid in so doing, or make any false representation concerning the same, or concerning the person examined, or furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified or persuade any other person, or permit or aid in any manner any other person to personate him, in connection with any examination or registration of application or request to be examined or registered. (Ord. 932 § 2 (part), 1980).

2.12.120 Penalty — Jurisdiction.

Any person who shall wilfully violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one hundred dollars and by imprisonment in the county jail for not longer than thirty days, or by both such fine and imprisonment. (Ord. 932 § 2 (part), 1980).

2.12.130 Definitions.

As used in this chapter, the following mentioned terms shall have the following described meanings:

(1) "Appointing authority or power" includes every person or group of persons who, acting singly or in conjunction, as a Mayor, Mayor’s designee, Council or otherwise, is or are invested with power and authority to select, appoint, or employ any person to hold any office, place, position or employment subject to civil service.

(2) "Appointment" includes all means of selection, appointing or employing any person to hold any office, place, position or employment subject to civil service.

(3) "Commission" means the Civil Service Commission herein created, and "commissioner" means any one of the three commissioners at that commission.

(4) "Full paid fire department" or "full paid firefighter" means that the officers and firemen employed in such are paid regularly by the city and devote their whole time to firefighting and fire prevention activities and emergency medical services.

(5) "Full paid police department" or "full paid police officer" means that the officers and policemen employed in such are paid regularly by the city and devote their whole time to police duty. (Ord. 932 § 2 (part), 1980).

2.12.300 Severability.

If any section, subsection, subdivision, sentence, clause or phrase of this chapter shall for any reason be held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 932 § 2 (part), 1980).

2.12.310 Applicability.

The examination and eligibility provisions of this chapter and establishment of positions covered by civil service by the provisions of this chapter shall be effective for all appointments made after the effective date of the ordinance codified in this chapter. (Ord. 932 § 2 (part), 1980).

Chapter 2.14
POLICE RETIREMENT SYSTEM

Sections:

2.14.010 Offices, positions and ranks of Police Department.

2.14.020 Eligibility for pension and retirement coverage.

2.14.030 Previous coverage.

2.14.010 Offices, positions and ranks of Police Department.

The following offices, positions and ranks are created, established and designated for the Police Department of the city: Chief of Police, assistant chief, captain, lieutenant, sergeant, detective, patrolman, and policewoman, including all grades and ranks therein as may be designated by the Civil Service Commission. Such offices, positions and ranks shall be filled by appointment in accordance with Chapter 2.12, as provision is made therefor in the budget and compensation ordinances enacted by the City Council, and shall constitute regular full time personnel of the city Police Department. (Ord. 531 § 1, 1970).

2.14.020 Eligibility for pension and retirement coverage.

Certification by the Mayor that a regular, full time employee of the Redmond Police Department has been duly appointed and commissioned to a position, office or rank in the department as created and established by ordinance of the City Council, shall constitute such employee as being eligible for coverage in the Washington Law Enforcement Officers’ and Fire Fighters’ Retirement System, as a "city police officer" as such term is defined in RCW 41.26. (Ord. 531 § 2, 1970).

2.14.030 Previous coverage.

The positions, offices and ranks established and designated in Ordinance 510*, passed December 16, 1969, for the appointed Police Chief and Police Department, excluding "Radio Operator - Dispatcher," are ratified and confirmed to be the positions, offices and ranks of the Redmond Police Department, effective as of January 1, 1970 (the effective date of said ordinance), for the purpose of determining membership eligibility of city police officers in the Washington Law Enforcement Officers’ and Fire Fighters’ Retirement System under RCW 41.26. (Ord. 531 § 3, 1970).

* Editor’s Note: Ordinance 510 was repealed by Ordinance 546.

Chapter 2.16
BOARD OF PARK COMMISSIONERS

Sections:

2.16.010 Established — Qualifications of members.

2.16.020 Term of office — Vacancies — Removal.

2.16.030 Powers and duties.

2.16.040 Violations of rules — Penalties.

2.16.010 Established — Qualifications of members.

A board of park commissioners is created and established within the city. It shall consist of seven members, who shall be appointed by the Mayor, subject to confirmation by a majority vote of the City Council, all of whom shall be residents of the city at the time of their appointments and during their tenures of office. Appointments shall be made from citizens of recognized fitness for the position and shall be selected without respect to political affiliations, race or sex. Members shall serve without salary or other compensation; except that they may be reimbursed from park department funds for necessary expenses actually incurred. The board of park commissioners may be known as the Redmond park board. (Ord. 1108 § 1, 1983: Ord. 543 § 1, 1970: Ord. 386 § 1, 1965).

2.16.020 Term of office — Vacancies — Removal.

The members of the board of park commissioners shall hold office for a term of three years. Members whose present terms as of the effective date of the ordinance from which this section derives expire on December 31st shall serve until March 31st and all successive terms shall commence on April 1st. As each term expires, appointments shall be made for a three-year term. Vacancies occurring otherwise than through the expiration of a term shall be filled for the unexpired term by appointment of the Mayor as provided in Section 2.16.010. Members may be removed, after a public hearing, by the Mayor with the approval of the City Council, for inefficiency, neglect of duty, misfeasance or malfeasance in office, or incapacity. Each member shall hold office until a successor is appointed and confirmed. (Ord. 1293 § 2, 1985: Ord. 1108 § 2, 1983: Ord. 543 § 2, 1970: Ord. 386 § 2, 1965).

2.16.030 Powers and duties.

The board of park commissioners shall have all the powers and perform all the duties as provided by the laws of the state relating to boards of park commissioners of cities of the third class. They shall act in an advisory capacity to the Mayor and City Council and shall make recommendations from time to time concerning the acquisition, improvement and use of parks, playgrounds and recreational equipment and facilities. They shall have control and supervision of all parks, playgrounds and other recreational facilities belonging to the city and shall have power to promulgate rules and regulations governing the use and management thereof, including the power to fix charges for the use of park, playground and other recreational facility equipment or usage, subject to review by the City Council. All rules, regulations and use charges adopted by the board of park commissioners, as above provided, shall be submitted to the City Council for approval. Upon approval they shall be published in one issue of the official newspaper of the city and shall have full force and effect from and after the effective date of publication. The board of park commissioners may adopt appropriate rules governing the organization and conduct of their meetings. (Ord. 386 § 3, 1965).

2.16.040 Violations of rules — Penalties.

Any person violating any rule or regulation of the board of park commissioners is guilty of a misdemeanor and shall be punished as provided in Section 1.01.110. (Ord. 386 § 4, 1965).

Chapter 2.17
TRAILS COMMISSION

Sections:

2.17.010 Purpose.

2.17.020 Mission and duties.

2.17.030 Composition.

2.17.040 Term of office.

2.17.050 Appointments and qualifications.

2.17.060 Rules of procedure.

2.17.010 Purpose.

A Redmond Trails Commission is hereby established to involve trail users and City residents in advising City departments, the Mayor and the Council on issues related to trail acquisition, design, maintenance and use. (Ord. 2015 § 1 (part), 1999: Ord. 1999 § 1 (part), 1998).

2.17.020 Mission and duties.

The Redmond Trails Commission is advisory to the Mayor and City Council and makes recommendations to promote, protect and assist in development of enjoyable, safe, convenient trail opportunities for pedestrians, bicyclists, and equestrians throughout the City of Redmond planning area. Duties of the Trails Commission include: identifying current and future trails interests and needs of the community; identifying trail opportunities and options during development review, and analyzing alternatives for maximum potential benefit; making recommendations to the City Planning Commission and Park Board on trail policies and design issues for the Comprehensive Plan, Parks, Recreation and Open Space (PRO) Plan, and Redmond Community Development Guide; making recommendations on acquisition and development of trail facilities, and trail use; conducting trail surveys for maintenance and safety recommendations; and reviewing and commenting on public and private development actions to promote trails interests; and related duties. The Commission shall maintain regular communications with the Park Board to share information and pursue joint interests. The Commission shall report annually to the City Council on accomplishments and issues for the future. (Ord. 2015 § 1 (part), 1999: Ord. 1999 § 1 (part), 1998).

2.17.030 Composition.

The Redmond Trails Commission shall be composed of seven members appointed by the Mayor and confirmed by the vote of a majority of the members of the City Council. (Ord. 2015 § 1 (part), 1999: Ord. 1999 § 1 (part), 1998).

2.17.040 Term of office.

The regular term of office for Commission positions shall be for four years. Each member shall hold office until a successor is appointed and confirmed. Terms shall commence on March 1st. Initial terms shall be staggered with two members appointed for two years, two members appointed for three years, and three members for four years. No member shall serve more than two consecutive full terms of office. (Ord. 2015 § 1 (part), 1999: Ord. 1999 § 1 (part), 1998).

2.17.050 Appointments and qualifications.

Commission members shall be appointed upon the basis of demonstrated interest in, knowledge of, and support for trails for recreation and transportation purposes. Members shall serve without salary or other compensation. Commission members should include a balance of members who reside within the City, along with members who live outside the City and within the City’s planning area. No more than three members nor less than two members shall reside outside the City limits at the time of their appointment and throughout their terms of office. Prior to appointing initial members and filling each vacancy in the membership of the Commission, public notice of available positions shall be provided to the news media at least two weeks in advance of appointment. Applicants for vacant positions shall apply to the Office of the Mayor. Consideration should be given to appointments that result in a broad geographic and demographic representation of interested and knowledgeable people. Appointments should also strive to reflect the diverse trail use interests of the community, such as walking, jogging, skating, bicycling and horseback riding. (Ord. 2015 § 1 (part), 1999: Ord. 1999 § 1 (part), 1998).

2.17.060 Rules of procedure.

The Commission shall adopt procedural rules governing the transaction of its business. The rules shall include provision of the date, time and place of regular meetings of the Commission. Provisions shall be made for maintaining minutes of Commission meetings and records of all Commission reports, conclusions and recommendations. The Rules of Procedure shall provide for election of Commission Officers, which shall include a chairperson and vice chairperson who shall serve for at least one year. The Rules of Procedure shall provide that all Commission meetings shall be open to the public and that notice of meetings shall comply with the Washington State Open Public Meetings Act, to the extent proceedings of the Commission are governed by such Act. The procedures shall address receipt and processing of citizen proposals and requests. (Ord. 2015 § 1 (part), 1999: Ord. 1999 § 1 (part), 1998).

Chapter 2.18
ARTS COMMISSION

Sections:

2.18.010 Commission established — Membership.

2.18.020 Rules of procedure.

2.18.030 Authority of commission.

2.18.040 Meetings and staff services.

2.18.050 Budget.

2.18.010 Commission established — Membership.

(A) The Redmond Arts Commission, consisting of nine members appointed by the Mayor and confirmed by the vote of a majority of the members of the City Council, is established. The term of office shall be three years. Initially, the current Commission members shall serve the balance of their unexpired term; thereafter, as their term of office expires, three Commissioners or their successors will serve a one, two or the full three-year term based on the position they currently hold in order to achieve staggered terms. All subsequent appointments shall be for three years, or for the duration of an unexpired term in the case of an appointment to a vacancy. All Commission members’ terms shall expire on March 31st and all successive terms shall commence on April 1st. No member shall serve more than two consecutive full terms of office.

(B) Commission members shall be appointed upon the basis of demonstrated interest in, and knowledge and support of the arts. Members shall serve without salary or other compensation, provided that members shall be reimbursed for necessary expenses actually incurred. All commissioners shall reside within the city limits at the time of appointment and throughout their terms of office.

(C) Prior to appointing initial members and filling each vacancy in the membership of the commission, public notice of available positions shall be provided to the news media at least two weeks in advance of appointment. Applicants for vacant positions shall apply to the office of the Mayor. (Ord. 1880 § 1, 1996; Ord. 1520 § 1, 1989: Ord. 1368 § 1 (part), 1987).

2.18.020 Rules of procedure.

The commission shall adopt procedural rules govern-

ing the transaction of its business. The rules shall include provisions for the date, time and place of regular meetings of the commission. Provisions shall be made for maintaining minutes of commission meetings and records of all commission reports, conclusions and recommendations. The rules of procedure shall provide for the election of commission officers, which shall include a chairperson and vice chairperson who shall serve for at least one year. The rules of the commission shall provide that all commission meetings shall be open to the public and that notice of meetings shall comply with the Washington Open Public Meetings Act, to the extent proceedings of the commission are governed by such Act. The procedures shall address receipt and processing of citizen proposals and requests. (Ord. 1368 § 1 (part), 1987).

2.18.030 Authority of commission.

The Arts Commission is authorized to take the following actions:

(A) On behalf of the city, to encourage, conduct, sponsor or cosponsor public programs to further the development and public awareness of, and interest in, the fine and performing arts;

(B) To provide recommendations to the Mayor and City Council in connection with cultural and artistic endeavors and projects in which the city becomes involved and to act as a representative of the community in such matters;

(C) To encourage donations, grants and other support to further expand the arts and cultural services and programs available to citizens of Redmond and members of the Redmond community;

(D) To take such other actions as the City Council may direct from time to time. (Ord. 1368 § 1 (part), 1987).

2.18.040 Meetings and staff services.

A. The Arts Commission shall meet regularly at least once per month at a date, time and place to be established by the commission. Commission meetings shall be open to the public and written meeting minutes shall be maintained and made available to the public upon approval of the minutes by the commission.

B. The Director of Parks and Recreation shall be responsible for providing administrative and staff services for the commission and may assign Parks and Recreation Department staff members to provide services to the commission.

C. The commission shall make a report to the City Council at least annually. (Ord. 1368 § 1 (part), 1987).

2.18.050 Budget.

Arts Commission programs and operating expenses shall be funded from the city general fund, grants, donations and admission charges. The Director of Parks and Recreation shall be responsible for submitting the annual operating budget to the Mayor. (Ord. 1368 § 1 (part), 1987).

Chapter 2.20
EMERGENCY PREPAREDNESS*

Sections:

2.20.010 Purposes.

2.20.020 Definitions.

2.20.030 City Council — Duties.

2.20.040 Emergency Preparedness Council created — Membership.

2.20.050 Council’s powers and duties.

2.20.060 Director’s powers and duties.

2.20.070 Disaster powers of director.

2.20.080 Emergency preparedness organization.

2.20.090 Divisions, services and staff.

2.20.100 Mutual aid agreements.

2.20.110 Punishment of violations.

2.20.120 No private liability.

*Prior legislation: Ord. 285.

2.20.010 Purposes.

The declared purposes of this chapter are to provide for the preparation and carrying out of plans, including mock or practice exercises, for the emergency preparedness and protection of persons and property within the city in the event of a disaster, and to provide for the coordination of the emergency preparedness and disaster functions of this city with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with emergency preparedness and disaster activities, including mutual aid activities, and mock or practice exercises, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 1694 § 1 (part), 1992).

2.20.020 Definitions.

(a) Emergency Preparedness. As used in this chapter, the term "emergency preparedness" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters. It includes preparation, mitigation, response, and recovery from disasters. It does not include, nor does any provision of this chapter apply to any condition relating to a labor controversy.

(b) Disasters. As used in this chapter, "disaster" includes in its meaning but is not limited to: extraordinary fire, flood, storm, epidemic, riot, earthquake, enemy attack, sabotage, other "civil emergencies" as defined in RMC 9.12, or other similar public calamity.

(c) Preparation. As used in this chapter "preparation" means the active planning, testing, and revising of operational procedures and policies to prepare for a disaster. It includes coordination with local, county, state and federal agencies to insure cohesive working relationships and compatible emergency plans.

(d) Mitigation. As used in this chapter, "mitigation" includes risk analysis, review and identification of hazards both natural and man-made, development of strategies to minimize those hazards, and development of resources and capabilities to respond effectively to risks not controlled through conventional methods.

(e) Response. As used in this chapter, "response" includes the initiation of warnings to potential disasters, initiation of actions necessary to effectively act during a disaster, damage assessment and evaluation, coordination of operations, logistics, and planning activities during a disaster, and documentation of actions taken during a disaster.

(f) Recovery. As used in this chapter, "recovery" includes assessment of community needs after an event, prioritizing of actions for recovery, coordination of agencies during recovery, documentation of costs for future recovery of costs, and facilitation of disaster assistance offices in providing the community with efficient mechanisms to obtain federal, state and local assistance after disasters.

(Ord. 1694 § 1 (part), 1992).

2.20.030 City Council — Duties.

It shall be the duty of the City Council under the Emergency Preparedness Program to:

(1) Give advice and consent to the Mayor regarding appointments made pursuant to Section 2.20.040.

(2) Consider adoption of emergency preparedness mutual aid plan and agreements and such ordinances, resolutions, rules and regulation as are necessary to implement such plans and agreement as are referred to them by the Emergency Preparedness Council pursuant to Section 2.20.050.

(3) Approve at the earliest practicable time after their issuance, rules and regulations reasonably related to the protection of life and property, which is affected by a disaster, such rules and regulations having been made and issued by the Emergency Preparedness Director pursuant to Section 2.20.070.

(4) Distribute pursuant to resolution, the functions and duties of the city emergency preparedness organization among the divisions, services and special staff referred to in Section 2.20.090.

(5) Approve mutual aid agreements referenced in and pursuant to Section 2.20.100. (Ord. 1694 § 1 (part), 1992).

2.20.040 Emergency Preparedness Council created — Membership.

The Emergency Preparedness Council, is hereby created and shall consist of the following:

(1) The Mayor, who shall be chairperson;

(2) The director of Emergency Preparedness, who shall be Vice-chairperson;

(3) All department heads of the city of Redmond, and the Executive Assistant;

(4) Such city officials and other citizens with technical expertise in related areas as may be appointed by the Mayor with the advice and consent of the City Council;

(5) The Emergency Preparedness Program Manager. (Ord. 1694 § 1 (part), 1992).

2.20.050 Council’s powers and duties.

It shall be the duty of the Emergency Preparedness Council, and it is hereby empowered, to review and recommend for the adoption by the City Council, emergency preparedness and mutual aid plans and agreements and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. the Emergency Preparedness Council shall meet upon call of the chairperson or in their absence from the city or inability to call such meeting, upon the call of the vice chairperson. (Ord. 1694 §1 (part), 1992).

2.20.060 Director’s powers and duties.

There is hereby created the position of the director of Emergency Preparedness. The Fire Chief of the city of Redmond shall serve in such position ex officio.

The director or his/her designee is hereby empowered and directed:

(1) To prepare an emergency preparedness operating plan for the city conforming to the county and the state Office of Emergency Management plan and program;

(2) To control and direct the effort of the emergency preparedness organization of this city for the accomplishment of the purposes of this chapter;

(3) To direct coordination and cooperation between divisions, services and staff of the emergency preparedness organization of this city, and to resolve questions of authority and responsibility that may arise between them;

(4) To represent the emergency preparedness organization of this city in all dealings with public or private agencies pertaining to emergency preparedness and disaster;

(5) To appoint an Emergency Preparedness Program Manager, whose duties shall include the development and evaluation of emergency plans; to develop appropriate mitigation, preparation, response, and recovery mechanisms and include such in the Emergency Plan; along with the Director, act as a spokesperson for Emergency Preparedness and management; coordinate city emergency preparation activities with various city, county, state, and federal agencies, conduct and evaluate testing of emergency plans, and preside over and guide interdepartmental emergency management planning committees that may be created by the Emergency Preparedness Council. (Ord. 1694 § 1 (part), 1992).

2.20.070 Disaster powers of director.

In the event of disaster as herein provided, the director is hereby empowered:

(1) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be approved by the Emergency Preparedness Council and confirmed by the City Council at the earliest practicable time;

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

(3) To require emergency services of any city officer or employee, and to command the aid of as many citizens of this community as he thinks necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered Emergency worker volunteers (as defined by Washington Administrative Code 118-30);

(4) To requisition necessary personnel or material of any city department or agency;

(5) To execute all of the special powers conferred by this chapter or by resolution adopted pursuant thereto, all powers conferred by statute, agreement approved by the Emergency Preparedness Council, or by any other lawful authority. (Ord. 1694 § 1 (part), 1992).

2.20.080 Emergency preparedness organization.

All officers and employees of this city, together with those citizens enrolled to aid them during a disaster, and all groups, organizations and persons who may be, by agreement or operation of law, including persons pressed into service under the provisions of Section 2.20.070 who shall be charged with duties incident to the protection of life and property in this city during such disaster, shall constitute the emergency preparedness organization of the city. (Ord. 1694 § 1 (part), 1992).

2.20.090 Divisions, services and staff.

The functions and duties of the city emergency preparedness organization shall be distributed among such divisions, services and special staff as the City Council shall prescribe by resolution.

Prior to the adoption of resolutions, the Emergency Preparedness Council shall prepare a plan setting forth the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees, and submit its recommendations to the City Council. (Ord. 1694 § 1 (part), 1992).

2.20.100 Mutual aid agreements.

The Mayor shall have the power to sign, on behalf of the city and the Emergency Preparedness Council, mutual aid agreements with other municipalities, the county and other governmental subdivisions, which have been approved by the City Council. All previous mutual aid agreements which have been signed by the Mayor are hereby confirmed and ratified, provided the same, or parts thereof, are not inconsistent with this chapter. (Ord. 1694 § 1 (part), 1992).

2.20.110 Punishment of violations.

It is a misdemeanor punishable as provided in Section 1.01.110 for any person during a disaster:

(1) To willfully obstruct, hinder or delay any member of the emergency preparedness organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed by virtue of this chapter;

(2) To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if the act is of such a nature as to give, or be likely to give, assistance to the enemy, or to encourage or assist in theft of or endanger property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof;

(3) To wear, carry, or display, without authority, any means of identification specified by the state Department of Emergency Management;

(4) To in any manner loot or carry off any items of value during the aftermath of a disaster. (Ord. 1694 § 1 (part), 1992).

2.20.120 No private liability.

No individual, firm, association, corporation or other party, owning, maintaining or controlling any building or premises who voluntarily and without compensation grants to the city a license or privilege or otherwise permits the city to inspect, designate and use the whole or any part or parts of the building or premises for the purpose of sheltering persons during an actual, impending, mock, or practice disaster, or their successors in interest, or the agents or employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon the building or premises for the purpose of seeking refuge therein during an actual, impending, mock or practice disaster or test ordered by lawful authority. All legal liability for damage to property or injury or death to persons caused by acts done, or attempted, under color of this chapter and a bona fide attempt to comply therewith, other than acts done in bad faith, gross negligence, or willful misconduct shall be the obligation of the state of Washington. The city is immune from liability under this chapter to the fullest extent allowed by law. (Ord. 1694 § 1 (part), 1992).

Chapter 2.22
PUBLIC CORPORATION

Sections:

2.22.010 Public corporation created.

2.22.020 Name of public corporation.

2.22.030 Charter adopted.

2.22.040 Bylaws adopted.

2.22.050 Board of directors created.

2.22.060 Majority to constitute a quorum.

2.22.010 Public corporation created.

A public corporation is created to carry out the purposes of Chapter 300, Laws of 1981, Chapter 39.84 RCW. The public corporation shall be subject to the provisions of the herein referenced statutes. (Ord. 1060 § 1, 1982).

2.22.020 Name of public corporation.

The name of the public corporation shall be the Redmond public corporation. (Ord. 1060 § 2, 1982).

2.22.030 Charter adopted.

The charter, set forth in Exhibit A attached to the ordinance codified in this chapter and on file in the City Clerk’s office, containing such provisions as are authorized by and not in conflict with state law, is hereby approved. The corporation shall conduct its affairs in accordance with the Charter and the provisions of state law. (Ord. 1060 § 3, 1982).

2.22.040 Bylaws adopted.

The bylaws, set forth in Exhibit B attached to the ordinance codified in this chapter and on file in the City Clerk’s office, are hereby approved. (Ord. 1060 § 4, 1982).

2.22.050 Board of directors created.

A board of directors is established to govern the affairs of the corporation. All corporate powers of the corporation shall be exercised by or under the authority of, and the business, property and affairs of the corporation shall be managed under the direction of the board of directors, except as may otherwise be provided in the Charter, the bylaws or state law. The number of directors of the board of directors shall be three until such number is changed by resolution of the City Council. The membership of the board of directors shall be those members of the City Council serving on the City Council finance committee, which members shall serve ex officio by right of their office. (Ord. 1405 § 1, 1988: Ord. 1152 § 1, 1983; Ord. 1060 § 5, 1982).

2.22.060 Majority to constitute a quorum.

At all meetings of the board of directors, a majority of the directors in office at the time shall be sufficient to constitute a quorum. Every act or decision done or made by a majority of the directors present at a meeting of the corporation duly held, at which a quorum is present and acting, shall be regarded as the act of the board of directors. (Ord. 1060 § 6, 1982).

Chapter 2.24
THE VOLUNTEER FIREFIGHTERS RELIEF AND PENSION FUND

Sections:

2.24.010 Definitions.

2.24.020 Enrollment of volunteer firefighters — Death, disability, retirement benefits.

2.24.030 Board of trustees.

2.24.040 Duties of the board of trustees.

2.24.050 Meetings of board.

2.24.060 Quorum — Vote on allowance of claims.

2.24.070 Compelling attendance of witnesses — Oaths — Rules and regulations.

2.24.080 Hearing of application for benefits — Appeal to state board.

2.24.090 Guardian may be appointed.

2.24.100 Employment of examining physician.

2.24.110 Disability payments.

2.24.120 Death benefits.

2.24.130 Retirement pensions.

2.24.140 Lump sum payments.

2.24.150 Hospital and medical expenses.

2.24.160 Funeral and burial expenses.

2.24.170 Benefits not transferable or subject to legal process.

2.24.180 Payments to state treasurer.

2.24.190 Payments by fire fighters.

2.24.200 Membership in the fire department.

2.24.010 Definitions.

As used in this chapter:

(1) "Fire Department" means the Fire Department of the city of Redmond and the fire prevention, protection and emergency medical care services rendered for King County Fire Protection District No. 34 under the contractual agreement between the city and the district;

(2) "Firefighter" includes any firefighter who is a member of the Fire Department but shall not include full-time, paid firefighters who are members of the Washington Law Enforcement Officers’ and Firefighters’ Retirement System, with respect to periods of service rendered in such capacity;

(3) "Performance of duty" shall be construed to mean and include any work in and about company quarters or any fire station or any other place under the direction or general orders of the chief or other officer having authority to order such member to perform such work; responding to, working at, or returning from an alarm of fire; drill; or any work performed of an emergency nature in accordance with the rules and regulations of the Fire Department. (Ord. 1546 § 1 (part), 1990: Ord. 632 § 1, 1973).

2.24.020 Enrollment of volunteer firefighters — Death, disability, retirement benefits.

Every firefighter who is included under the relief and compensation provisions of RCW Chapter 41.24 is enrolled for the purpose of providing protection for all such firefighters and their families from death or disability arising in the performance of their duties as firefighters. Any firefighter may enroll under the pension provisions of RCW Chapter 41.24 for the purpose of enabling any firefighter, so electing, to avail himself/herself of the retirement provisions of such chapter. The collection and payment of fees as provided by RCW Chapter 41.24 shall be made and continued by the city for all enrolled firefighters as long as they shall continue to be members of the Fire Department. (Ord. 1546 § 1 (part), 1990: Ord. 632 § 2, 1973).

2.24.030 Board of trustees.

In accordance with provisions of RCW Chapter 41.24, there is created and established a board of trustees for the administration of the act insofar as the same is applicable to the city. The board shall consist of the Mayor, comptroller, one councilman to be elected by the Council, the Chief of the Fire Department, and one member of the Fire Department to be elected by the members of the Fire Department for a term of one year and annually thereafter.

The Mayor shall be chairman of the board of trustees and the comptroller shall be secretary and treasurer of the board of trustees. The secretary shall keep a public record of all proceedings, of all receipts and disbursements made by the board of trustees and shall make an annual report of its expenses and disbursements with a full list of the beneficiaries of the fund in the city, such record to be placed on file with the City Clerk. (Ord. 632 § 3, 1973).

2.24.040 Duties of the board of trustees.

The board of trustees shall provide for enrollment of all members of its Fire Department under the death and disability provisions hereof; receive all applications for enrollment under the retirement provisions hereof; provide for disbursements of relief and compensation; determine the eligibility of firefighters for pensions; and pass on all claims and direct payment thereof from the volunteer firefighters’s relief and pension fund to those entitled thereto. Vouchers shall be issued to the person entitled thereto by the board. The board shall send to the state board, after each meeting a voucher for each person entitled to payment from the fund, stating the amount of such payment and for what granted, which voucher shall be certified and signed by the chairman and secretary of the board. (Ord. 1546 § 1 (part), 1990: Ord. 632 § 4, 1973).

2.24.050 Meetings of board.

The board of trustees shall meet on the call of its chairman on a regular monthly meeting day when there is business to come before it. The chairman shall be required to call a meeting on any regular meeting day at the request of any member of the fund or his beneficiary claiming any relief, compensation or pension therefrom. (Ord. 632 § 5, 1973).

2.24.060 Quorum — Vote on allowance of claims.

A majority of the board of trustees shall constitute a quorum, and no business shall be transacted when a majority is not present, and no claim shall be allowed where a majority of the board has not voted favorably thereon. (Ord. 632 § 6, 1973).

2.24.070 Compelling attendance of witnesses — Oaths — Rules and regulations.

The board of trustees, in addition to other powers herein granted, shall have power to compel the attendance of witnesses to testify before it on all matters connected with the operation of this chapter, and its chairman or any member of the board may administer oaths to such witnesses; to make all necessary rules and regulations for its guidance in conformity with the provisions of this chapter; provided, however, that no compensation or emoluments shall be paid to any member of the board of trustees for any duties performed under this chapter as such trustees. (Ord. 632 § 7, 1973).

2.24.080 Hearing of application for benefits — Appeal to state board.

The board of trustees shall initially hear and decide all applications for relief or compensation and pensions under this chapter, subject to review by, or appeal by the proper person to, the state board where decision on such review or appeal shall be final and conclusive. (Ord. 632 § 8, 1973).

2.24.090 Guardian may be appointed.

The board of trustees shall have the power and authority to ask for the appointment of a guardian whenever and wherever the claim of a firefighter or his/her beneficiary would, in the opinion of the board, be best served thereby. The board shall have full power to make and direct the payments herein provided for to any person entitled thereto without the necessity of any guardianship or administration proceedings, when, in its judgment, it determines it to be for the best interests of the beneficiary. (Ord. 1546 § 1 (part), 1990: Ord. 632 § 9, 1973).

2.24.100 Employment of examining physician.

The board shall make provisions for the employment of a regularly licensed practicing physician for the examination of members of fire departments making application for membership. Such appointed physician shall visit and examine all sick and injured firefighters, perform such services and operations and render all medical aid and care necessary for the recovery of firefighters on account of sickness or disability received while in the performance of duties. Such appointed physician shall be paid his/her fees from the fund but not in excess of the schedule of fees for like services approved by the Director of Labor and Industries under RCW Title 51. No physician or surgeon, not approved by the board, shall receive or be entitled to any compensation from the fund as the private or attending physician of any firefighter. No person shall have any right of action against the board of trustees of the fund for the negligence of any physician or surgeon employed by it. Any physician employed by the board to attend upon any firefighter shall report his/her findings in writing to the board. (Ord. 1546 § 1 (part), 1990: Ord. 632 § 10, 1973).

2.24.110 Disability payments.

Any firefighter who becomes physically or mentally disabled or sick, in consequence or as a result of the performance of his/her duties, shall be entitled to payments as established and set forth in RCW 41.24.150 and as amended. (Ord. 1546 § 1 (part), 1990: Ord. 632 § 11, 1973).

2.24.120 Death benefits.

Whenever a firefighter dies as the result of injuries received, or sickness contracted in consequence or as the result of the performance of his/her duties, a death benefit or payment shall be made as established and set forth in RCW 41.24.160 and as amended. (Ord. 1546 § 1 (part), 1990: Ord. 632 § 12, 1973).

2.24.130 Retirement pensions.

Retirement pensions shall be allowed and paid for enrolled firefighters who meet eligibility requirements as established and set forth in RCW 41.24.170 and 41.24.172 and as amended. (Ord. 1546 § 1 (part), 1990: Ord. 632 § 13, 1973).

2.24.140 Lump sum payments.

Lump sum payments shall be authorized and directed by the board of trustees in those cases as established and set forth in RCW 41.24.180 and 41.24.185 and as amended. (Ord. 1546 § 1 (part), 1990: Ord. 632 § 14, 1973).

2.24.150 Hospital and medical expenses.

Hospital and medical expenses shall be allowed as provided in RCW 41.24.220 and as amended. (Ord. 632 § 15, 1973).

2.24.160 Funeral and burial expenses.

Funeral and burial expenses shall be allowed and paid as provided in RCW 41.24.230 and as amended. (Ord. 632 § 16, 1973).

2.24.170 Benefits not transferable or subject to legal process.

The right of any person to any future payment under the provisions of this chapter shall not be transferable or assignable at law or in equity, and none of the moneys paid or payable or the rights existing under this chapter, shall be subject to execution, levy attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law. Nothing in this chapter or RCW Chapter 41.24 shall be construed to deprive any firefighter, eligible to receive a pension hereunder, from receiving a pension under any other act to which he/she may become eligible by reason of services other than or in addition to his/her services as a firefighter under this chapter and RCW Chapter 41.24. (Ord. 1546 § 1 (part), 1990: Ord. 632 § 17, 1973).

2.24.180 Payments to state treasurer.

On or before the first day of March every year, the city shall pay such amount as shall be due from it, as established and set forth in RCW 41.24.030 and 41.24.031 and as amended, for the purpose of providing protection for all its fire fighters and their families from death or disability arising in performance of their duties as fire fighters. (Ord. 632 § 18, 1973).

2.24.190 Payments by fire fighters.

Whenever any fire fighter desires to enroll in and take advantage of the pension provisions of RCW 41.24, the fir