Chapters:
2.04 City
Council
2.06 City
Supervisor
2.08 City
Clerk-Treasurer
2.12 City
Attorney and City Prosecutor
2.16 Municipal
Court System
2.20 Police
Department
2.24 Police and Fire Civil Service
Commission
2.28 Volunteer
Fire Department
2.32 City
Engineer
2.34 Hearing
Examiner
2.36 City
Housing Authority
2.40 Emergency
Procedures
2.44 Board
of Park Commissioners
2.46 Storm
and Surface Water Utility
2.48 Planning
Commission
2.50 Parking
Commission
2.52 Skagit
Air Pollution Control District
2.60 Salaries
of Officers and Employees
2.62 Code
of Ethics
2.64 Sick
Leave
2.66 Residency
Requirements for Employees
2.76 City
Library
2.80
2.84 Expense
Allowance
2.88 Environmental
Policy
2.90 Consolidated
Planning Procedures
2.92 Gifts,
Loans and Donations of Works of Art
2.96 Contributions
to City—Restrictions and Conditions
2.100 Service
Award Recognition Program for Employees
2.104 Execution of
Contracts and Other Legal Documents
Sections:
2.04.010 Regular
meeting time.
2.04.020 Special
meetings.
2.04.030 Adjournment
of meetings.
2.04.040 Meeting—Place—Special
meeting.
The city council shall hold regular meetings at seven p.m., on the first Tuesday and the second and fourth Wednesday of each month throughout the year, but whenever a regular meeting falls on a legal holiday now or hereafter designated as such by the laws of the state of Washington, such meeting shall be held at seven p.m. of the first day following which is not itself a legal holiday. (Ord. 1561-06 § 1, 2006: Ord. 1277-96 § 1, 1996: Ord. 1147 § 1, 1992: Ord. 597 § 1, 1959: Ord. 555 § 1, 1956)
Special meetings of the city council may be called by the mayor upon written notice given to all members of the city council present in the city at least twenty-four hours before the time specified for the proposed meeting; provided, that no ordinances shall be passed or contracts let or entered into, or bill for the payment of money allowed at any special meeting; provided further, that no resolutions, rule, regulation, order or directive may be adopted at such special meeting unless public notice has been given by notifying the press, radio and television within Skagit County at least twenty-four hours prior to the time of the special meeting, and by such other means that may now or hereafter be provided by law. All notices given to the council members and to the press, radio and television, shall specify the time and place of the special meeting and shall contain a brief statement of the purpose of the meeting. (Ord. 1355-00 § 1, 2000: Ord. 810, 1975: Ord. 555 § 2, 1956)
Any regular or special meeting of the city council may be adjourned to the next or to any later day whenever the volume of business before the council, the shortage of time, the lateness of the hour, or other cause deemed sufficient by the council, renders it necessary, expedient, convenient, or desirable that an adjournment to a later date be made; any adjourned meeting may itself be adjourned to a later date; and any action taken by the city council on any ordinance, resolution, rule, regulation, order, directive, or other matter, at any adjourned meeting, shall be as valid as though taken at the original session of the meeting from which adjournment was had. (Ord. 555 § 3, 1956)
All regular and special meetings of the city council shall be held in the council chambers in the City Hall of Sedro-Woolley, Washington, or the Sedro-Woolley Community Center or at such other place as designated by the mayor, and they shall be public meetings, open to the public at all times, and the minutes of such meeting shall be promptly recorded and open to public inspection. (Ord. 1137 § 1, 1992: Ord. 555 § 4, 1956)
Sections:
2.06.010 Created—Appointment—Removal.
2.06.020 Scope
of authority.
2.06.030 Duties
and responsibilities.
2.06.040 Salary.
2.06.050 Combination
of position.
2.06.060 Mayor—Council
ineligible.
There is created the position of city supervisor which shall be filled by appointment by the mayor, subject to confirmation by the council, of a majority vote. The city supervisor shall serve at the pleasure of the mayor. (Ord. 1120 § 1, 1991)
The city supervisor shall be responsible for providing assistance to the mayor and city council for the administration of city government and the carrying out of city policies. This office will be responsible for the in-line management of all city departments, including accountability of their performance and including supervision over the chief of police, the fire chief, and clerical staff of the city. All authority and responsibility of the city supervisor shall be subject to the direction, authority, and supervision of the mayor. (Ord. 1120 § 2, 1991)
A. To have general supervision of all the administration affairs of the city.
B. To advise the mayor on such measures or reports that may be necessary or required by either the mayor and/or city council.
C. In cooperation with the clerk-treasurer to keep the mayor and city council fully advised of the financial condition of the town and its future needs, and to assist in the preparation and submission to the mayor and council of a preliminary budget for the fiscal year.
D. Develop and revise specific personnel and operating policies including job descriptions for all departments. Have regular evaluation interviews with each department head. Conduct and participate in in-service training particularly on matters dealing with labor relations.
E. Plan, gives general directions and reviews the services rendered by the various city departments.
F. Serve as the purchasing and contracting agent for the city.
G. Prepare grant applications for the city.
H. Have knowledge of and act as advisor to the city on the most efficient utilization of computer systems currently used or which may be proposed.
I. Work closely with the city planner and city engineer to develop and maintain a comprehensive plan, to work with other local, state, and federal officials on growth management, wetlands, and similar issues.
J. Meet with the city council and planning commission in regular and special meetings when necessary as deemed by these respective bodies. Give information and transmit special or regular reports concerning various problems of municipal operations and advise members of both bodies in their deliberations on policy, legislative, or operational matters.
K. Assist the mayor and city council in their duties and other responsibilities as may from time to time be required by the mayor and city council. (Ord. 1120 § 3, 1991)
The city supervisor shall receive a salary in such amount as recommended by the mayor and as the city council may from time to time establish by ordinance. (Ord. 1120 § 4, 1991)
The office of city supervisor may be combined with any other appointive position, provided that when combined the compensation shall be fixed by the city council for the combined office and shall not necessarily be the total of the compensation fixed for each office individually. (Ord. 1120 § 5, 1991)
No person elected or appointed to fill a vacated position shall, subsequent to such election or appointment be eligible for the appointment of city supervisor until one year has elapsed following the expiration of the last term for which he or she was elected or appointed. (Ord. 1120 § 6, 1991)
Sections:
2.08.010 Title of office and officer.
2.08.020 Combining office of city treasurer with office of city clerk.
2.08.030 Powers and duties—Signing documents.
2.08.040 Effective date of provisions.
2.08.050 Compensation.
The title of the
office created in this chapter shall be known and designated as “office of the
clerk-treasurer of the city of
The office of the city treasurer of Sedro Woolley shall be combined with the office of the city clerk of the city, and the clerk-treasurer shall be appointed by and serve at the pleasure of the mayor and which appointment must be in writing, signed by the mayor, and filed with the clerk, and subject to filing bond in such an amount as may be required by law. (Ord. 1196 § 1 (part), 1994: Ord. 1014 § 2, 1985)
The clerk-treasurer in addition to all of the powers and duties set out in RCW 35.23.121 for the office of city clerk, shall exercise all of the powers and duties vested in and performed and required to be performed by the treasurer as set out in RCW 35.23.131. In all cases where the law required the treasurer to sign or execute any papers or documents, it shall not be necessary for the clerk to sign as treasurer, but shall be sufficient if he/she signs as clerk. (Ord. 1354-00 § 2, 2000: Ord. 1196 § 1(part), 1994: Ord. 1142 § 2, 1992: Ord. 1014 § 3, 1985)
The combining of the two offices of city clerk and city treasurer to the office of clerk-treasurer shall become effective on the first day of September, 1985, and on and after said date the office of the city treasurer shall thereupon be abolished, and there shall thereupon be created the office of clerk-treasurer, as provided in RCW 35.24.148, and further subject that the present elected official, the city treasurer, shall in accordance with RCW 35.24.020 serve for the remainder of his present unexpired elective term. (Ord. 1196 § 1 (part), 1994: Ord. 1014 § 4, 1985)
The compensation of the office of clerk-treasurer shall be as set by ordinance. (Ord. 1196 § 1 (part), 1994: Ord. 1014 § 5, 1985)
Sections:
2.12.010 Appointments.
2.12.020 City attorney.
2.12.030 City prosecutor.
The offices of city attorney and city prosecutor shall be appointive and not elective, and such appointments shall be made by the mayor subject to confirmation by a majority vote of the city council. (Ord. 1168 § 1, 1992)
The city attorney shall advise the city authorities and officers in all legal matters pertaining to the business of the city and shall approve all ordinances as to form. He shall represent the city in all actions brought by or against the city or against city officials in their official capacity, except criminal prosecutions. He shall perform such other duties as the city council by ordinance may direct. (Ord. 1168 § 2, 1992)
The city prosecutor shall prosecute all criminal cases in which the city is a party at the trial court and appellate court levels. He shall perform such other duties as the city council by ordinance may direct. (Ord. 1168 § 3, 1992)
Sections:
2.16.010 Court established.
2.16.020 Jurisdiction.
2.16.030 Judges—Appointment—Qualifications.
2.16.040 Salaries and costs.
2.16.050 Municipal court employees.
2.16.060 Judges pro tem/court commissioners.
2.16.070 Judicial vacancy.
2.16.080 Municipal court hours.
2.16.090 Sentences.
2.16.120 Deferral and suspension of sentences.
2.16.140 Complaints.
2.16.160 Pleadings, practice and procedure.
2.16.180 Case transfers.
2.16.200 Court seal.
2.16.210 Removal of judge.
2.16.220 Civil jury trials.
2.16.240 Criminal process.
2.16.260 Revenue—Disposition.
There is established a municipal court entitled “The Municipal Court of Sedro-Woolley,” hereinafter referred to as “municipal court,” which court shall have jurisdiction and shall exercise all powers enumerated in this chapter and in RCW Chapter 3.50 together with such other powers and jurisdiction as are generally conferred upon such court in this state either by common law or by express statute. (Ord. 1047 § 2 (part), 1987)
The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city ordinances duly adopted by the city. The municipal court shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or given by such ordinances or by state statutes. The municipal court shall also have the jurisdiction as conferred by statute. The municipal court is empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such ordinances and to pronounce judgment in accordance therewith. (Ord. 1047 § 2 (part), 1987)
A. The municipal judge shall be appointed by
the mayor within thirty days after the effective date of the ordinance codified
in this chapter, subject to confirmation by the city council, for a term of
four years. Appointments for each term thereafter shall be made on or before
December 1st of the year next preceding the year in which the term commences.
The term of office for the first municipal judge shall commence on
B. A person appointed as municipal judge shall
be a citizen of the
The salary of the municipal court judge shall be fixed by ordinance. All costs of operating the municipal court, including but not limited to salaries of judges and court employees, dockets, books of records, forms, furnishing and supplies, shall be paid wholly out of the funds of the city. The city shall provide a suitable place for holding court and pay all expenses of maintaining it. (Ord. 1047 § 2 (part), 1987)
All employees of the municipal court shall be deemed employees of the city. They shall be appointed by and serve at the pleasure of the court. (Ord. 1047 § 2 (part), 1987)
A. The mayor shall, in writing, appoint judges pro teem who shall act in the absence or disability of the regular judge of the municipal court or subsequent to the filing of an affidavit of prejudice. The judge pro teem shall receive such compensation as shall be fixed by ordinance. The term of the appointment shall be specified in writing but in any event shall not extend beyond the term of the appointing mayor.
B. The municipal court judge may appoint one or more municipal court commissioners, who shall hold office at the pleasure of the municipal court judge. Each municipal court commissioner shall have such power, authority and jurisdiction in civil and criminal matters as the municipal court judge shall prescribe by court order. (Ord. 1047 § 2 (part), 1987)
Any vacancy in the municipal court due to a death, disability or resignation of a municipal court judge shall be filled by the mayor for the remainder of the unexpired term. The appointment shall be subject to confirmation of the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. (Ord. 1047 § 2 (part), 1987)
The municipal court
shall be open and shall hold such regular and special sessions as may be prescribed
by the municipal court judge; provided, that the municipal court shall not be
open on non-judicial days. (Ord.
1047 § 2 (part), 1987)
A. In all cases of conviction, unless otherwise provided in RCW Chapters 3.30 through 3.74 as now or hereafter amended, where a jail sentence is given to the defendant, execution shall issue accordingly and where the judgment of the court is that the defendant pay a fine and costs, the defendant may be committed to jail until the judgment is paid in full.
B. A defendant who has been committed shall be discharged upon the payment for such part of the fine and costs as remains unpaid after deducting from the whole amount any previous payment, and after deducting the amount allowed for each day of imprisonment, which amount shall be the same and computed in the same manner as provided for superior court cases in RCW 10.82.030 and 10.82.040, as now or hereafter amended. In addition, all other proceeding in respect of such fine and costs shall be the same as in like cases in the superior court. (Ord. 1047 § 2 (part), 1987)
Unless otherwise provided by state law, the court shall have the following sentencing authority:
A. After a conviction, the court may defer sentencing and place the defendant on probation and prescribe the conditions thereof, but in no case shall it extend for more than two years from the date the conviction. During the time of the deferral, the court may, for good cause shown, permit a defendant to withdraw the plea of guilty, permit the defendant to enter a plea of not guilty, and dismiss the charges.
B. For a period not to exceed two years after imposition of sentence, the court shall have continuing jurisdiction and authority to suspend the execution of all or any part of the sentence upon stated terms, including installment payment of fines.
C. Deferral of sentence and suspension of execution of sentence may be revoked if the defendant violates or fails to carry out any of the conditions of the deferral or suspension. Upon the revocation of the deferral or suspension, the court shall impose the sentence previously suspended or any unexecuted portion thereof. In no case shall the court impose a sentence greater than the original sentence, with credit given for time served and money paid on fine and costs.
D. Any time before entering an order terminating probation, the court may revoke or modify its order suspending the imposition or execution of the sentence. If the ends of justice will be served and when warranted by the reformation of the probationer, the court may terminate the period of probation and discharge the person so held. (Ord. 1047 § 2 (part), 1987)
All criminal prosecutions for the violation of a city ordinance shall be conducted in the name of the city and may be upon the complaint of any person. (Ord. 1047 § 2 (part), 1987)
Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts. (Ord. 1047 § 2 (part), 1987)
A transfer of a case from the municipal court to either another municipal judge of the same city or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed in accordance with RCW 3.66.090 in all civil and criminal proceedings. (Ord. 1047 § 2 (part), 1987)
The municipal court
shall have a seal which shall be the vignette of George Washington, with the
words “Seal of The Municipal Court of Sedro-Woolley, State of
A municipal judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office. Any vacancy in the municipal court due to death, disability or resignation of the municipal court judge shall be filled by the mayor, for the remainder of the unexpired term. The appointment shall be subject to confirmation by the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter and RCW Chapter 3.50. (Ord. 1047 § 2 (part), 1987)
In all civil cases, the plaintiff or defendant may demand a jury, which shall consist of six citizens of the state who shall be impaneled and sworn as in cases before district courts, or the trial may be by a judge of the municipal court; provided, that no jury trial may be held on a proceeding involving a traffic infraction. A party requesting a jury shall pay to the court a fee which shall be the same as that for a jury in district court. If more than one party requests a jury, only one jury fee shall be collected by the court. The fee shall be apportioned among the requesting parties. Each juror shall receive ten dollars for each day in attendance upon the municipal court, and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060. (Ord. 1047 § 2 (part), 1987)
All criminal
process issued by the municipal court shall be in the name of the state and run
throughout the state, and be directed to and served by the chief of police,
marshal, or other police officer of any city or to a sheriff in the state. (Ord. 1047 § 2 (part), 1987)
A. Costs in civil and criminal actions may be imposed as provided in district court. All fees, costs, except those costs awarded to prevailing parties under RCW 4.84.010 and RCW 36.18.040 or other similar statutes, fines, forfeitures and other money imposed by the municipal court for the violation of any municipal ordinances shall be collected by the court clerk and, together with any other revenues received by the clerk, shall be deposited with the city treasurer as a part of the general fund of the city, or deposited in such other fund of the city, or deposited in such other funds as may be designated by the laws of the state.
B. The city treasurer shall remit monthly thirty-two percent of the money received under this section, other than for parking infractions, to the state treasurer. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
C. The balance of the money received under this section shall be retained by the city and deposited as provided by law. (Ord. 1047 § 2 (part), 1987)
Sections:
2.20.010 Power to appoint.
2.20.020 Control.
2.20.030 Removal.
2.20.040 Police chief—Declared full-time.
2.20.050 Police patrolman.
2.20.060 Part-time patrolmen.
2.20.070 Police reserve officers pension plan.
In order to maintain the peace, good government and welfare of the city, the mayor is hereby authorized and has power to appoint police officers as provided by Chapter 2.24. (Ord. 1356-00 § 1, 2000: Ord. 809 § 5, 1975: Ord. 218 § 1, 1919)
The policemen shall be under the control of the police chief, subject to the direction of the mayor. (Ord. 218 § 3, 1919)
Any police officer appointed under the provisions of Sections 2.20.010 through 2.20.030 may be removed at any time by the mayor or his or her designee in a manner consistent with the rules and regulations of the Civil Service Commission and RCW Ch. 41.12. (Ord. 1356-00 § 2, 2000: Ord. 218 § 4, 1919)
The police department shall have a chief of police who shall be appointed and removed at the pleasure of the mayor. The position of chief of police is not a classified position under the civil service for policemen. (Ord. 1125 § 1, 1991: Ord. 697 § 1, 1970)
The offices of police patrolman are created and declared to be comprised of full-time salaried positions. (Ord. 809 § 6, 1975: Ord. 697 § 2, 1970)
With the consent of the mayor and the city council, the police chief may from time to time hire or employ part-time patrolmen, but such part-time patrolmen as may be so hired shall not be deemed full-time salaried police patrolmen within the meaning of Sections 2.20.050 through 2.20.070. (Ord. 697 § 3, 1970)
A. Any reserve police officer may elect to participate in the Washington State Pension Plan in effect for volunteer firefighters created pursuant to the Volunteer Firefighters Relief and Pension Act (RCW Ch. 41.24). This is a state administered program and, accordingly, the rules and regulations concerning the administration of the program and the vesting of benefits are necessarily set by the appropriate state agency. In order to qualify for participation in the pension program and to maintain participation in the program, the reserve officer shall, in addition to making an election to participate in the program, meet the following requirements:
1. Successfully complete a
2. Maintain training standards set by the Sedro-Woolley police department for officers in the areas of firearms, motor vehicle operations, first aid and CPR and such other areas as determined by the Sedro-Woolley chief of police;
3. Meet such other standards of performance as may be set by the Sedro-Woolley chief of police;
4. Meet the requirements of state law and this section.
B. For each reserve officer who elects to enroll in the retirement benefits, an annual fee as determined by RCW 41.24.030 shall be paid by the reserve officer, and an annual fee determined by the state board based upon the latest actuarial valuation shall be paid by the city, which fee may include operating expenses.
C. Pursuant to RCW 41.24.410, credit for service as a reserve police officer shall not be counted for purposes of RCW 41.24.170 except as follows:
1. Any reserve police officer may elect to count credit for all service as a reserve officer, but only if the actuarial cost, as determined by the state board to be paid by the city, is paid to the city by the reserve police officer; and
2. Any reserve police officer may elect to pay annual fees for service prior to the effective date of Chapter 11 Laws of Washington 1995 and this section, if:
a. The reserve officer elects, within one year of effective date of this section, to pay the annual fee plus one percent per month interest for each year of past service counted, and
b. The actuarial cost, as determined by the state board, of the benefit provided in subsection (C)(2) of this section to be paid by the city, is paid to the city by the reserve police officer.
D. Payments under this section may be made in a lump sum, or in a manner as determined by the State Board pursuant to state law. (Ord. 1281-97 § 1, 1997)
Sections:
2.24.010 Created.
2.24.020 Membership.
2.24.030 Subject to regulations.
2.24.040 Compliance with state law.
2.24.050 Eligibility.
2.24.060 Vacancy filling procedure—Probationary period.
Pursuant to the authority conferred by RCW Chapter 41.08 and RCW Chapter 41.12 there is created a city civil service commission to exercise the powers and perform the duties established by state law in connection with the selection, appointment, and employment of police and fire department employees, excluding the police chief and fire chief. (Ord. 1195 § 1 (part), 1994: Ord. 626 § 1, 1962)
Such commission shall be composed of three members to be appointed by the mayor, who shall serve without compensation. Such commission shall have the qualifications prescribed by RCW 41.08.030 and RCW 41.12.030. (Ord. 1195 § 1 (part), 1994: Ord. 626 § 2, 1962)
A. Except for the position of chief of police all applicants for employment with the police department of the city shall be required to have the qualifications, be subject to examinations, have a tenure of office and be subject to removal as provided by the civil service regulations adopted by such commission consistent with RCW Chapter 41.12.
B. Except for the position of fire chief, all applicants for full paid employment with the fire department of the city shall be required to have the qualifications, be subject to examinations, have a tenure of office and be subject to removal as provided by the civil service regulations adopted by such commission consistent with RCW Chapter 41.08. (Ord. 1195 § 1 (part), 1994: Ord. 1125 § 2, 1991: Ord. 626 § 3, 1962)
Such commission upon appointment, qualification and organization shall hold meetings, adopt rules and regulations, perform the duties and exercise the powers of such commission in compliance with the state law governing same. (Ord. 1195 § 1 (part), 1994: Ord. 626 § 4, 1962)
A. Except for the position of chief of police, all members of the police department shall be eligible to the benefits accruing under RCW Chapter 41.12 and this chapter by compliance with regulations of the commission and upon successfully qualifying for permanent appointment and promotion on merit, efficiency and fitness which shall be ascertained by such qualifying examination and practical investigation as the civil service commission may provide.
B. Except for the position of fire chief, all full paid employees of the fire department shall be eligible to the benefits accruing under RCW Chapter 41.08 and this chapter by compliance with regulations of the commission and upon successfully qualifying for permanent appointment and promotion on merit, efficiency and fitness which shall be ascertained by such qualifying examination and practical investigation as the civil service commission may provide. (Ord. 1195 § 1 (part), 1994: Ord. 1125 § 3, 1991: Ord. 626 § 5, 1962)
A. The purpose of this section is to provide a standard method of filling vacancies in the police and fire department by the mayor.
B. Whenever a position in the classified service becomes vacant, the mayor, if he desires to fill the vacancy, shall make requisition upon the commission for the names and addresses of the three persons highest on the eligible list for appointment thereto. The commission shall certify the names of the three persons highest on the eligible list for the class to which the vacant position has been allocated, who are willing to accept employment. If there is no appropriate eligible list for the class, the commission shall certify the names of the three persons standing highest on said list held appropriate for such class. If more than one vacancy is to be filled, three additional names shall be certified for each additional vacancy. The mayor shall forthwith appoint one of these three persons to such vacant position.
C. Whenever requisition is to be made, or whenever a position is held by a temporary appointee and eligible list for the class of such position exists, the commission shall forthwith appoint one of those three persons so certified to said position. No person so certified shall be laid off, suspended, or given leave of absence from duty, transferred or reduced in pay or grade, except for reasons which will promote the good of the service specified in writing, and after an opportunity to be heard by the commission, and then only with its consent and approval.
D. To enable the appointing power to exercise a choice in the filling of positions, no appointment, employment or promotion in any position in the classified service shall be deemed complete until after the expiration of a period of probationary service as may be provided in the rules of the civil service commission, during which the mayor may terminate the employment of the person certified to him, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the mayor deems him unfit or unsatisfactory for service in the department. Whereupon, the mayor shall designate one of the three persons standing next highest on any such list and such person shall likewise enter upon said duties 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. (Ord. 1195 § 1 (part), 1994: Ord. 1114 § 1, 1991; Ord. 859 §§ 1, 2, 1977)
Sections:
2.28.010 Chief—Appointment.
2.28.020 Chief—Qualifications.
2.28.025 Chief—Duties.
2.28.030 Number of members.
The fire department shall have a fire chief who shall be appointed and removed at the pleasure of the mayor. The appointment shall be made only after due consideration is given to personnel within the volunteer fire department. The position of fire chief is not a classified position under civil service for firemen. (Ord. 1159 § 1, 1992)
The position of fire chief requires a minimum of ten years firefighting experience, including knowledge in all phases of fire protection and personnel supervisory experience. (Ord. 1159 § 2, 1992)
The fire chief shall be responsible for, but not limited to, fire prevention activities including inspection, enforcement, planning, coordinating, and education. The fire chief shall supervise and assist in inspection for compliance with laws regarding fire hazards, dangerous materials, and fire prevention plan/equipment. The fire chief shall oversee the fire station and equipment. The fire chief shall supervise fire crews at a fire, train personnel and prepare reports and recommendations. The fire chief shall prepare evaluations of personnel on a minimum yearly basis. (Ord. 1159 § 3, 1992)
The membership of the volunteer fire department of the city is limited to twenty firemen for each one thousand population of the city according to the last official census, but the membership shall never be less than fifteen. (Ord. 372 § 1, 1936)
Sections:
2.32.010 City
engineer.
2.32.020 Duties
of city engineer.
There is hereby created the office of city engineer, who shall be appointed by the mayor, and who shall serve at the pleasure of the mayor. (Ord. 1357-00 § 1, 2000: Ord. 369 § 1, 1935)
The city engineer shall have the duties provided by statute and ordinance, such additional duties and responsibilities as directed by the mayor, and the duties of the street superintendent as provided by law. (Ord. 1357-00 § 2, 2000: Ord. 369 § 2, 1935)
Sections:
2.34.010 Hearing
examiner established.
2.34.020 Appointment.
2.34.030 Qualifications.
2.34.040 Removal.
2.34.050 Freedom
from improper influence.
2.34.060 Conflict
of interest.
2.34.070 Rules.
2.34.080 Duties.
2.34.090 Authority
of hearing examiner to hear impact fee appeals.
2.34.100 Conflicting
code procedures and rules of procedure.
There is created the office of the Sedro-Woolley hearing examiner. The hearing examiner shall interpret, review and implement land use regulations as provided by ordinance and may perform other quasi-judicial functions as are delegated by the ordinance codified in this chapter. Unless the context requires otherwise, the term “examiner” or “hearing examiner” as used in this chapter shall include examiners pro-tem. (Ord. 1607-08 § 1 (part), 2008)
The mayor shall appoint a hearing examiner and hearing examiners pro-tem, as needed. The mayor is authorized to execute professional service contracts with examiners, in a form approved by the city attorney, provided that such contract conforms with this chapter of the SWMC as exists or is hereafter amended. An examiner pro-tem shall serve in the event of the absence or disqualification of the examiner. (Ord. 1607-08 § 1 (part), 2008)
Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasijudicial hearings and to discharge other delegated functions. The hearing examiner shall comply with the cannons of judicial conduct as promulgated by the Washington Supreme Court. (Ord. 1607-08 § 1 (part), 2008)
Examiners may be removed from office for cause by the mayor, subject to confirmation of a majority vote of the city council. (Ord. 1607-08 § 1 (part), 2008)
No person, including city officials, elected or appointed, shall attempt to influence an examiner in any matter pending before him or her, except at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of his or her duties in any other way; provided, that this section shall not be read as prohibiting the city staff from making such reports and recommendations as are required in the exercise of their duties; and provided, further, this section shall not prohibit the city attorney from rendering legal service to the examiner upon request. (Ord. 1607-08 § 1 (part), 2008)
The examiner shall be subject to the same code of ethics as other appointed public officers in code cities, as set forth in RCW 35A.42.020 and Chapter 42.23 RCW, as the same now exists or may hereafter be amended. (Ord. 1607-08 § 1 (part), 2008)
The examiner shall have the power to prescribe rules, consistent with city ordinances, for the scheduling and conduct of hearings and other procedural matters related to the duties of the office. (Ord. 1607-08 § 1 (part), 2008)
The hearing examiner is vested with the duty and authority to hold public hearings, render decisions and exercise the following powers:
A. Receive and examine available information;
B. Hold and conduct public hearings in accordance with SWMC Chapter 2.90, RCW Chapter 42.32, and all other applicable law, and to prepare a record thereof;
C. Make recommendations and decisions on all applications, permits or approvals as described in SWMC Chapter 2.90;
D. Hear and make final decisions on appeals made pursuant to SWMC Chapter 2.90;
E. Administer oaths and affirmations;
F. Issue subpoenas and examine witnesses; provided, that no person shall be compelled to divulge information which he or she could not be compelled to divulge in a court of law;
G. Regulate the course of hearings;
H. Make and enter written findings of fact and conclusions to support his or her decisions;
I. At the examiner’s discretion, hold conferences for the settlement or simplification of the issues;
J. Conduct discovery;
K. Dispose of procedural requests of similar matters;
L. Take official notice of matters of law or material facts;
M. Issue summary orders in supplementary proceedings; and
N. Take any other action authorized by or necessary to carry out this chapter and those matters within the jurisdiction of the examiner. (Ord. 1607-08 § 1 (part), 2008)
A. Pursuant to RCW 82.02.070(5), the hearing examiner shall have authority to hear and determine impact fee appeals as set forth in Section 8 of the Impact Fee Ordinance, Chapter 15.60 of the Sedro-Woolley Municipal Code. For this section, decisions of the hearing examiner are subject to review by the city council.
B. Pursuant to RCW 82.02.070(5), the hearing examiner shall have authority to hear and determine impact fee appeals as set forth in Section 8 of the Sedro-Woolley School District No. 101 Impact Fee Ordinance, Chapter 15.64 of the Sedro-Woolley Municipal Code. For this section, decisions of the hearing examiner are subject to review by the city council. (Ord. 1607-08 § 1 (part), 2008)
Any and all provisions of this code, and any and all provisions of the rules of procedure adopted by the examiner, which are in conflict with this chapter are superseded. (Ord. 1607-08 § 1 (part), 2008)
Sections:
2.36.010 Created—Membership.
2.36.020 Powers
and duties.
2.36.030 Reports
to council.
2.36.040 Secretary.
2.36.050 Quorum.
2.36.060 Final
report.
Pursuant to the authority conferred by RCW Chapter 35.82 there is hereby created a city housing authority consisting of five members to be selected by the mayor and confirmed by the city council. Not more than one-third of its members shall be selected from among the city council or from other elected officers of the city and they shall remain as members of the commission during their incumbency on the city council or other municipal office. Terms of office of the members shall be five years.
Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term. Members may be removed after public hearing by the mayor with the approval of the city council for inefficiency, neglect of duty or malfeasance in office. The members shall be selected without respect to political affiliations and they shall serve without compensation. (Ord. 680 § 1, 1968)
The housing authority shall have all the powers and perform each and all the duties specified by RCW Chapter 35.82 together with any other duties or authority which may hereafter be conferred upon them by the laws of the state of Washington or by ordinance or resolution of the city council of the city of Sedro Woolley, and the performance of such duties and the exercise of such authorities shall be subject to each and all of the limitations expressed in such legislative enactments or ordinance or resolution of the city of Sedro Woolley. (Ord. 680 § 2, 1968)
The city council may refer to the housing authority for its recommendation and report any ordinance, resolution or other proposal relating to the matters and subjects referred to in RCW Chapter 35.82 and the authority shall promptly report to the council thereon making such recommendations and giving such counsel as they may deem proper in the premises. (Ord. 680 § 3, 1968)
The housing authority may designate one of its members to act as secretary without salary or if requested by the authority, the mayor may designate a member of the paid staff of the city to serve as such secretary who shall serve without additional compensation. (Ord. 680 § 4, 1968)
A majority of the membership of the housing authority shall constitute a quorum for the transaction of business. Any action taken by majority of those present when those present constitute a quorum at any regular or special meeting of the housing authority shall be deemed and taken as the action of the housing authority. (Ord. 680 § 5, 1968)
The housing authority at or before its first regular meeting in February of each year shall make a final report in writing to the city council of its transactions, expenditures, if any, for the preceding year with such general recommendations as to matters covered by its prescribed duties and authority as may to it seem proper. (Ord. 680 § 6, 1968)
Sections:
2.40.010 Purpose
and declaration of policy and adoption of plan.
2.40.020 Definitions.
2.40.030 Declaration
of emergency.
2.40.040 Authorized
emergency orders.
2.40.050 Notice
of declarations of emergency and emergency orders.
2.40.060 Designation
of manager of emergency services and executive head of the city.
2.40.070 General
duties of manager of emergency services and executive head.
2.40.080 Emergency
procurements.
2.40.090 Emergency
powers under governor’s declaration of emergency or disaster.
2.40.100 Violations
of emergency proclamation, rule or order—Penalties.
2.40.110 Continuance
of existing agreements.
2.40.120 General
public duty created.
2.40.130 Severability.
A. The purpose of this chapter is to set out and clarify the authority of the city and of its officers with regard to local, regional and national emergency and disaster situations. It is intended, in conformity with Article 11, Section 11 of the Washington State Constitution and with Ch. 38.52 RCW, to provide the city with the broadest power permitted by constitutional and statutory authority to preserve the public peace, health, safety and welfare.
B. The city’s emergency plan approved on
C. The city hereby affirms its intent to follow the National Incident Management System promulgated by the federal government in executing this chapter and the city’s emergency plan. (Ord. 1563-06 § 2 (part), 2006)
When used in this chapter, the following words, terms and phrases, and their derivations, shall have the meanings ascribed to them in Ch. 38.52 RCW and this section, except where the context clearly indicates a different meaning:
“Civil emergency” means a riot, unlawful assembly, insurrection, enemy attack, sabotage, or other hostile action; or a natural or human caused disaster, including fire, flood, storm, explosion, earthquake, volcanic disturbance or other natural cause.
“Executive head” means the person designated by the city in conformity with state law and this chapter as the head of the city government for emergency management and disaster preparedness purposes pursuant to Ch. 38.52 RCW. (Ord. 1563-06 § 2 (part), 2006)
A. Whenever a civil emergency, or the imminent threat thereof, occurs in the city and results in, or threatens to result in the death or injury of persons, or the destruction of, or damage to property to such extent as to require, in the judgment of the mayor or designate, extraordinary and immediate measures to protect the public peace, safety and welfare, the mayor or designate shall forthwith:
1. If the city council is in session, request the city council to declare the existence or threatened existence of a civil emergency;
2. If the city council is not in session, issue such declaration, subject to council ratification and confirmation, modification or rejection as soon as practicable;
3. In the absence of the mayor or designate, if the city council is not in session, such a civil emergency may be declared by the mayor pro tempore, and in the absence of the mayor, designate and mayor pro tempore, by the at-large councilmember;
4. Declarations of civil emergency issued by the council, mayor, mayor’s designate, mayor pro tempore or councilmember at-large shall as soon as practicable be filed with the city clerk; or
5. Declarations of civil emergency issued by the mayor, mayor’s designate, mayor pro tempore or councilmember at-large shall as soon as practicable be filed with the city clerk and presented to the city council for ratification and confirmation, modification or rejection. Such council ratification and confirmation, modification or rejection shall be by a majority of council then present and voting. Declarations which are rejected shall, after vote, be voided. Declarations shall be considered in full force and effect until the council shall act.
B. Where practicable and appropriate, the mayor, mayor’s designate, mayor pro tempore or councilmember at-large shall consult prior to issuing a declaration of civil emergency with local, state and federal emergency management agencies.
C. Such declaration of civil emergency may be in addition to or as an alternative to the proclamation of state of emergency by the governor.
D. The council or officer issuing a declaration of civil emergency shall terminate the declaration of civil emergency when order has been restored or the circumstances of the emergency have passed. (Ord. 1563-06 § 2 (part), 2006)
A. Upon the declaration of a civil emergency, and during the existence of such civil emergency, officials identified in subsection B of this section may make and proclaim any or all of the following orders and delegate enforcement authority therefor to law enforcement officers and designated emergency personnel:
1. An order imposing a general curfew applicable to the city as a whole, or to such geographical area or areas of the city and during such hours, as the mayor or designate deems necessary, and from time to time to modify the hours such curfew will be in effect and the area or areas to which it will apply;
2. An order requiring any or all business establishments to close and remain closed until further order;
3. An order requiring the closure of any or all bars, taverns, liquor stores, and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages and in which such alcoholic beverages may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the council, be allowed to remain open;
4. An order requiring the discontinuance of the sale, distribution or giving away of alcoholic beverages in any or all parts of the city;
5. An order requiring the discontinuance of the sale, distribution or giving away of firearms and/or ammunition for firearms in any or all parts of the city;
6. An order requiring the discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
7. An order requiring the closure of any or all business establishments where firearms and/or ammunition for firearms are sold or otherwise dispensed; provided, that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition and in which such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized from the sale of items other than firearms and ammunition may, in the discretion of the council, be allowed to remain open;
8. An order closing to the public any or all public places including streets, alleys, public ways, schools, parks, beaches, amusement areas and public buildings;
9. An order establishing economic controls in aid of and supplementary to and consistent with federal orders relating to price stabilization or controls including: the convening and establishing of ration boards; auditing retail and wholesale ration accounts; monitoring price control operations and reporting violations to appropriate authorities; assisting in providing essential supplies to disaster victims; advising appropriate authorities concerning rationing, price control, wage and rent controls and allocation of food and other essential commodities;
10. An order directing the use of all public and private health, medical, and convalescent facilities and equipment to provide emergency health and medical care for injured persons;
11. An order authorizing, in cooperation with utility management and appropriate state and federal agencies, the shutting off, restoration, and operation of utility services in accordance with priorities established for combating such civil emergency;
12. An order providing for the evacuation and reception of the population of the city or any part thereof; and
13. Such other orders as are imminently necessary for the protection of life and property.
B. Emergency orders may be issued by the following officials in the order in which they are listed from subsections (B)(1) through (B)(9) of this section (e.g., in the event of the absence of the official identified by subsection (B)(1) of this section, the official identified by subsection (B)(2) may issue emergency orders consistent with this chapter).
1. Mayor;
2. Mayor pro tempore;
3. Councilmember at-large;
4. Councilmember, Ward 1;
5. Councilmember, Ward 2;
6. Councilmember, Ward 3;
7. Councilmember, Ward 4;
8. Councilmember, Ward 5; and
9. Councilmembe