Title 2
ADMINISTRATION AND PERSONNEL

Chapters:

2.02 City Hall

2.04 Treasurer and Clerk

2.06 Snoqualmie Arts Commission

2.08 Board of Park Commissioners

2.10 Library Advisory Board

2.11 Lodging Tax Advisory Committee

2.12 Planning Commission

2.14 Hearing Examiner

2.16 Police Department – Regular

2.18 Auxiliary Police Department

2.20 Police Department – Reserve

2.22 Snoqualmie Economic Development Commission

2.24 City Council

2.28 Utilities Department

2.30 Fleet Management Department

2.32 Fire Department

2.36 Salaries

2.40 Elections

2.44 District Justice Court

2.48 Emergency Management and Services

2.50 Public Records Disclosure

2.52 Retirement and Pension Plans

2.56 Economic Development Corporation

2.60 Traffic Violations Bureau

2.64 Appointment Confirmation

2.70 Credit Cards for Use by City Personnel

2.75 Smoking Prohibited

2.80 Code of Ethics

2.85 Snoqualmie Municipal Court

Chapter 2.02
CITY HALL

Sections:

2.02.010 Hours City Hall office open.

2.02.010 Hours City Hall office open.

The city office of City Hall shall be kept open for the transaction of business with the public from the hours of 9:00 a.m. to 5:00 p.m., five days per week, Monday through Friday, excepting legal holidays. (Ord. 732 § 1, 1994; Ord. 539 § 1, 1984).

Chapter 2.04
TREASURER AND CLERK

Sections:

2.04.010 City clerk.

2.04.020 City treasurer.

2.04.025 Authority to create and close funds.

2.04.030 Offices to be separate.

2.04.040 Budget estimates.

2.04.010 City clerk.

There is hereby established the office of city clerk, who shall be appointed by the mayor and confirmed by city council. The duties of the city clerk shall be as prescribed by state law, and additionally as may from time to time be prescribed by the city council. (Ord. 806 § 2, 1998).

2.04.020 City treasurer.

There is hereby established the office of finance officer, who shall be appointed by the mayor and confirmed by city council. The duties of the finance officer shall be as prescribed by city council, but shall include the duties of city treasurer as prescribed by state law. All references to “city treasurer” in the ordinances of the city shall mean the finance officer. The finance officer is hereby designated as the auditing officer for auditing prior to payment all claims presented against the city for the furnishing of materials, rendering services or performing labor or for any other contractual purpose. (Ord. 972 § 1, 2005; Ord. 883 § 1, 2001; Ord. 806 § 2, 1998).

2.04.025 Authority to create and close funds.

The finance officer, after consultation with the city administrator and director of administrative services and after review and approval by a majority of the city council’s finance and administration committee, is authorized to create new budgeting, accounting and reporting funds and to consolidate and/or close such existing funds except as may otherwise be directed by state law. The finance officer shall prepare and maintain a list of such funds and a general description of their use. Such list shall be available to the public for review and copying upon request. (Ord. 981 § 1, 2005).

2.04.030 Offices to be separate.

The offices of city clerk and city treasurer shall be separate and distinct, and shall not be combined. (Ord. 806 § 2, 1998).

2.04.040 Budget estimates.

For purposes of preparing budget estimates under RCW 35A.33.030, and for no other purposes, all references in said statute shall be taken and deemed to refer to the city treasurer and not to the city clerk. (Ord. 931 § 1, 2003).

Chapter 2.06
SNOQUALMIE ARTS COMMISSION

Sections:

2.06.010 Created.

2.06.020 Membership.

2.06.030 Appointment.

2.06.040 Terms of office.

2.06.050 Compensation.

2.06.060 Rules of procedure.

2.06.070 Duties.

2.06.080 Procurement and placement of public art.

2.06.010 Created.

The Snoqualmie arts commission is hereby created. (Ord. 866 § 1, 2000).

2.06.020 Membership.

The arts commission shall consist of five members, who shall reside within the city. (Ord. 866 § 1, 2000).

2.06.030 Appointment.

The members of the arts commission shall be appointed by the mayor, subject to confirmation by the city council. (Ord. 866 § 1, 2000).

2.06.040 Terms of office.

A. Arts commission members shall serve four-year terms. To allow for the staggering of terms for the initial membership and appointment or reappointment as appropriate, the initial terms shall be determined by lot for terms as follows: two members shall serve terms of two years, two members shall serve terms of three years, and one member shall serve a term of four years.

B. The position of a member shall become vacant upon such member’s ceasing to meet the membership requirements. The position of a member shall be forfeited and become vacant for failure to attend three regular consecutive meetings of the commission, unless such absence is excused by a majority of the members of the commission. A vacancy occurring other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments as provided in this chapter. (Ord. 866 § 1, 2000).

2.06.050 Compensation.

Members shall serve without compensation but may be reimbursed for reasonable expenses pursuant to city ordinances and policies. (Ord. 866 § 1, 2000).

2.06.060 Rules of procedure.

The arts commission shall organize, adopt administrative rules and procedures necessary to accomplish its purposes, and elect from its members such officers as it shall deem necessary; provided, that the chairperson of said commission shall be appointed by the mayor for a one-year term. As a part of the city government the arts commission shall abide by and conform to state laws regulating municipalities, city ordinances, policies and procedures. A majority of the membership of the arts commission shall constitute a quorum for the transaction of business. Any action taken by a majority of the members present, when those present constitute a quorum, at any meeting of the arts commission shall be deemed to be the action of the commission. The arts commission is authorized to adopt rules of procedure for the conduct of its business. (Ord. 866 § 1, 2000).

2.06.070 Duties.

The arts commission shall have the following duties and powers:

A. To hold regular public meetings.

B. To initiate, sponsor, conduct alone or in cooperation with other public or private agencies, public programs to further the development and public awareness of and interest in the fine and performing arts, and preservation of the cultural heritage of the city. Any agreements with another entity must have prior approval by the city council.

C. To encourage donations and grants to the city of Snoqualmie for civic arts purposes, and to advise the city regarding the receipt of such donations and grants. All funds shall be submitted to the city treasurer.

D. To advise the city concerning the receipt of or purchase of works of art to be placed on municipal property. If requested, the arts commission may advise on exterior and interior building structures.

E. To advise and assist the city in connection with such other artistic and heritage activities as mayor or council may request. (Ord. 866 § 1, 2000).

2.06.080 Procurement and placement of public art.

Every proposal concerning, the procurement or placement of tangible art works on city property shall be submitted to the arts commission for review and recommendation in compliance with such review procedures as the commission shall establish; provided, all proposed art shall be set before city council for its approval. The arts commission shall perform the following functions:

A. Every work of art to be donated for placement or erection on city property, and every work of art which becomes the property of the city by purchase, gift, or otherwise, will first be submitted to the arts commission for its review and recommendation to the council concerning its location and artistic value.

B. Aesthetic consideration pertaining to city property or the interior or exterior of city buildings will first be submitted to the arts commission for its review and recommendation to the council.

C. No existing work of art owned by the city of Snoqualmie should be removed, relocated or altered without prior review by the arts commission, which shall submit its recommendation to the council.

D. The arts commission shall exercise all reasonable supervision of established policy connected with the arts as may be assigned by the mayor and council. No art shall be displayed which is offensive to any race, religion, national origin, or other protected status. (Ord. 866 § 1, 2000).

Chapter 2.08
BOARD OF PARK COMMISSIONERS

Sections:

2.08.010 Definitions.

2.08.020 Creation – Membership.

2.08.030 Members – Terms – Vacancies.

2.08.040 Meetings.

2.08.050 Powers and duties.

2.08.010 Definitions.

Words used in this chapter shall have the meanings set out in this section:

A. “Board” means board of park commissioners.

B. “Park” means an area of land, with or without water, developed and used for public recreational purposes including landscaped tracts, picnic grounds, playgrounds, athletic fields, recreation centers, camps, footpaths, bicycle paths and bridle paths, motor vehicle drives, wildlife sanctuaries, museums, zoological and botanical gardens, facilities for bathing, boating, hunting, and fishing, as well as other recreational facilities for the use and benefit of the public. (Ord. 382A § 1, 1970).

2.08.020 Creation – Membership.

There is created a board of park commissioners, consisting of seven members who shall be appointed by the mayor, with the consent of the majority of the city council, from citizens of recognized fitness for such positions who reside within the city or without the city but within the Snoqualmie postal area, i.e., have a Snoqualmie mailing address; provided, that at all times at least five of the members of the board of park commissioners shall be residents of the city. No commissioner shall receive any compensation for his services. (Ord. 553 § 1, 1985; Ord. 382A § 2, 1970).

2.08.030 Members – Terms – Vacancies.

The first commissioners appointed shall determine by lot whose term of office shall expire as follows: Two shall expire in one year; two shall expire in two years; and one shall expire respectively. Terms of commissioners shall begin after appointment has been approved by the city council, and upon the taking of the usual oath of qualification. The terms of office shall, except for the first, begin on the first day of January, and, at the expiration of each commissioner’s term, the mayor shall appoint, with the consent of the city council, one member for a three-year term. Members of the board may be removed at any time by the mayor. Vacancies for the remainder of unexpired terms shall be filled in the same manner in which original appointments are made. (Ord. 382A § 3, 1970).

2.08.040 Meetings.

Immediately after their appointment, members of the board shall meet and organize by electing from the members of the board a president, a secretary, and such other officers as may be necessary. It shall be the duty of the president to preside at all meetings of the board and of the secretary to keep minutes of all meetings and of all proceedings of the board. A majority of the board shall constitute a quorum for the transaction of business, and two affirmative votes shall be necessary to carry any proposition. A meeting of the board shall be held at least once a month. (Ord. 382A § 4, 1970).

2.08.050 Powers and duties.

The board shall advise the city council regarding the expansion and operation of the city parks and recreational facilities and programs, but shall have no administrative or supervisory powers not available to the council. The board shall have the power to advise regarding the establishment of a park and/or recreation department, hereinafter called “the department,” and regarding the employment of necessary personnel, and to advise regarding conduct of any form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner, and shall advise regarding control and supervision of all parks belonging to the city, and advise regarding planning, promotion, management and acquisition, construction, development, maintenance, and operation, including restrictions on, and compensation to be paid for, concessions or privileges in parks and/or playgrounds, either within or without the city limits, or parks, squares, parkways and boulevards, play and recreational grounds, and/or other municipally owned recreational facilities, including community buildings, and improvement and ornamentation of the same; make recommendations regarding entering into written contracts with the United States, the state, and county, city or town park district, school district, or any such public organizations for the purpose of conducting a recreational program or exercising any other power granted by this chapter. (Ord. 382A § 5, 1970).

Chapter 2.10
LIBRARY ADVISORY BOARD

Sections:

2.10.010 Created.

2.10.020 Purpose.

2.10.030 Membership.

2.10.040 Appointment.

2.10.050 Terms of office.

2.10.060 Rules of procedure.

2.10.070 Compensation.

2.10.080 Meetings.

2.10.090 Reports to the city council.

2.10.100 Legal compliance.

2.10.110 Severability.

2.10.010 Created.

The Snoqualmie library advisory board is hereby created. (Ord. 865 § 1, 2000).

2.10.020 Purpose.

The library board shall serve in an advisory capacity to the city council and shall also coordinate with, and provide input to, the board of trustees of the King County library district and local library officials. (Ord. 865 § 1, 2000).

2.10.030 Membership.

There shall be seven members of the library advisory board. At least five of the members shall be residents of the city. The other members shall reside within the Snoqualmie library service area or own, operate or be employed by business entities located within the Snoqualmie service area as defined by the King County library system. (Ord. 865 § 1, 2000).

2.10.040 Appointment.

The members of the library board shall be appointed by the mayor, subject to confirmation by the city council. (Ord. 865 § 1, 2000).

2.10.050 Terms of office.

A. Library board members shall serve three-year terms. To allow for the staggering of terms for the initial library board and appointment or reappointment as appropriate, the initial terms shall be as follows: three members for terms of two years and four members for terms of four years. Terms shall expire the thirty-first day of March.

B. The position of a member shall become vacant upon such member’s ceasing to meet the membership requirements. The position of a member shall be forfeited and become vacant for failure to attend three regular consecutive meetings of the board, unless such absence is excused by a majority of the members of the board. A vacancy occurring other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments as provided in this chapter. (Ord. 865 § 1, 2000).

2.10.060 Rules of procedure.

The library board shall elect its own chairperson and may create and fill such other offices as may be determined to be required. A majority of the membership of the library board shall constitute a quorum for the transaction of business. Any action taken by a majority of the members present, when those present constitute a quorum, at any meeting of the library board shall be deemed to be the action of the board. The library board is authorized to adopt rules of procedure for the conduct of its business. (Ord. 865 § 1, 2000).

2.10.070 Compensation.

Members shall serve without compensation but may be reimbursed for reasonable expenses pursuant to city ordinances and policies. (Ord. 865 § 1, 2000).

2.10.080 Meetings.

The library board shall hold such meetings as may be deemed to be necessary for the completion of its responsibilities. The library board is authorized to hold meetings in conjunction with meetings of the board of trustees of the King County library district and in conjunction with meetings of local library officials. (Ord. 865 § 1, 2000).

2.10.090 Reports to the city council.

The library board may make such verbal or written reports and recommendations to the city council as may be deemed advisable but shall, at a minimum, report annually to the council as to the status of library services and facilities being made available to the residents of the city by the King County library district. (Ord. 865 § 1, 2000).

2.10.100 Legal compliance.

The members of the library board will fully comply with all federal and state laws and local ordinances. (Ord. 865 § 1, 2000).

2.10.110 Severability.

If any section, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 865 § 1, 2000).

Chapter 2.11
LODGING TAX ADVISORY COMMITTEE

Sections:

2.11.010 Created.

2.11.020 Purpose.

2.11.030 Membership.

2.11.040 Appointment.

2.11.050 Terms of membership.

2.11.060 Quorum – Rules of procedure.

2.11.070 Voting.

2.11.080 Compensation.

2.11.090 Meetings.

2.11.100 Duties of the committee.

2.11.110 Removal.

2.11.120 Legal compliance.

2.11.130 Severability.

2.11.010 Created.

The Snoqualmie lodging tax advisory committee (LTAC) is hereby established and created. (Ord. 948 § 2, 2004).

2.11.020 Purpose.

The purpose of the LTAC is to perform the functions of a lodging tax advisory committee under RCW 67.28.1817 and serve in an advisory capacity to the city council. (Ord. 948 § 2, 2004).

2.11.030 Membership.

The lodging tax advisory committee shall consist of at least five members. The committee membership shall be in accordance with RCW 67.28.1817 and include (A) at least two members who are representatives of businesses required to collect tax; and (B) at least two members who are persons involved in activities authorized to be funded by revenue received from the hotel-motel tax; and (C) one member who shall be an elected official who shall serve as chair of the committee. Persons eligible for appointment as representatives of businesses required to collect taxes shall not also be eligible for appointment as persons involved in activities authorized to be funded by revenue received from the hotel-motel tax. (Ord. 948 § 2, 2004).

2.11.040 Appointment.

The members of the lodging tax advisory committee shall be appointed by the mayor, subject to confirmation by the city council. (Ord. 948 § 2, 2004).

2.11.050 Terms of membership.

The term of membership shall be an annual basis through December 31st; provided, that a member’s term shall not expire until the appointment of a new member is effective. The mayor shall review the membership of the LTAC annually and make changes as appropriate. Each year organizations representing businesses required to collect the lodging tax, organizations involved in activities authorized to be funded by lodging tax revenue, and local agencies involved in tourism promotion may submit recommendations for membership to the LTAC. (Ord. 948 § 2, 2004).

2.11.060 Quorum – Rules of procedure.

A majority of the membership of the LTAC shall constitute a quorum for the transaction of business. Any action taken by a majority of the members present, when those present constitute a quorum, at any meeting of the LTAC shall be deemed to be the action of the committee. The LTAC is authorized to adopt rules of procedure for the conduct of its business. (Ord. 948 § 2, 2004).

2.11.070 Voting.

Each voting member is entitled to one vote. All matters establishing policies, recommendations or decisions shall be decided by a majority vote of the voting members present. (Ord. 948 § 2, 2004).

2.11.080 Compensation.

The members of the LTAC shall receive no compensation and are not eligible for reimbursement of expenses incidental to service on the LTAC. The LTAC may request specific support necessary to carry out its responsibilities by a request made, in advance, to the city administrator. (Ord. 948 § 2, 2004).

2.11.090 Meetings.

The LTAC shall hold such meetings as may be deemed to be necessary for the completion of its responsibilities. Meetings are subject to the provisions of the Open Public Meetings Act. (Ord. 948 § 2, 2004).

2.11.100 Duties of the committee.

Any proposed imposition of a hotel-motel tax, any proposed increase in the rate of the hotel-motel tax, any proposed repeal of an exemption from the tax, and any proposed change in the use of revenue received from the hotel-motel tax shall be submitted to the committee for review and comment, at least 45 days before final action on or passage of the proposal by the council. The committee may hold public hearings and solicit public comments. The committee shall submit to the council comments on any proposal in a timely manner through generally applicable public comment procedures. The committee’s comments shall include an analysis of the extent to which the proposal will accommodate activities for tourists or increased tourism, and the extent to which the proposal will affect the long-term stability of the fund established for receipt of revenue from the hotel-motel tax. Failure of the LTAC to submit comments before final action on or passage of the proposal shall not prevent the city council from acting on the proposal. It shall not be necessary under this section for the city council to submit an amended proposal to the LTAC. (Ord. 948 § 2, 2004).

2.11.110 Removal.

A member of the LTAC may be removed during their term by the mayor only for sufficient cause. Sufficient cause means:

A. Absence for two consecutive meetings without prior excuse from the chair;

B. Violation of the public trust or malfeasance. (Ord. 948 § 2, 2004).

2.11.120 Legal compliance.

The members of the LTAC will fully comply with all federal and state laws and local ordinances. (Ord. 948 § 2, 2004).

2.11.130 Severability.

If any section, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 948 § 2, 2004).

Chapter 2.12
PLANNING COMMISSION

Sections:

2.12.010 Creation – Members.

2.12.020 Powers and duties.

2.12.030 Matters referred from city council.

2.12.040 Submission of plats or plans for subdivisions.

2.12.050 Secretary.

2.12.060 Meetings – Quorum.

2.12.065 Removal from office.

2.12.070 Repealed.

2.12.010 Creation – Members.

Pursuant to the authority conferred by RCW 35A.63.020, there is created a city planning commission, consisting of nine members, who shall be selected as follows: the mayor and one member of council shall be ex officio members of the commission during the period of their incumbency in such offices. The other seven members shall be appointed by the mayor and confirmed by the city council. At least five members shall reside within the corporate limits of the city. Two members may reside outside of the corporate limits of the city but within the urban growth area as designated by King County pursuant to RCW 36.70A.110. The term of office of the seven members appointed by the mayor shall be six years. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired terms. (Ord. 870 § 1, 2000; Ord. 786 § 1, 1997; Ord. 760 § 1, 1996; Ord. 555 § 1, 1985; Ord. 296 § 1, 1957).

2.12.020 Powers and duties.

The planning commission shall have all of the powers and perform each and all of the duties specified by RCW 35A.63.060, except for those specifically delegated by ordinance to the hearing examiner, together with any other duties or authority which may hereafter be conferred upon it by the laws of the state. The performance of such duties and the exercise of such authority is to be subject to each and all the limitations expressed in such legislative enactment or enactments. (Ord. 769 § 1, 1996; Ord. 296 § 2, 1957).

2.12.030 Matters referred from city council.

The city council may refer to the planning commission for its recommendation and report any ordinance, resolution or other proposal relating to any of the matters and subjects referred to in RCW 35A.63.020, and the commission shall promptly report to the council thereon, making such recommendations and giving such counsel as it may deem proper in the premises. (Ord. 296 § 3, 1957).

2.12.040 Submission of plats or plans for subdivisions.

All plats or plans of subdivisions of land within the city or proposed additions, as well as dedications of streets and alleys, offered to the city council for acceptance shall first be submitted to the planning commission for its recommendation and report, which report shall be made to the council within 30 days after submission, or at such earlier date as the council shall direct. (Ord. 296 § 4, 1957).

2.12.050 Secretary.

The planning commission may designate one of its members to act as secretary without salary. (Ord. 296 § 5, 1957).

2.12.060 Meetings – Quorum.

A majority of the membership of the planning commission, not less than three of whom shall be appointed members, constitutes a quorum for the transaction of business. Any action taken by a majority of those present, when those present constitute a quorum, at any regular or special meeting of the planning commission shall be taken as the action of the commission. (Ord. 760 § 2, 1996; Ord. 296 § 6, 1957).

2.12.065 Removal from office.

A member of the planning commission may be removed, after public hearing, by the mayor, with the approval of city council, for inefficiency, neglect of duty, or malfeasance in office. The mayor shall remove a member in the event the member ceases during his/her term to meet the requirements for eligibility pursuant to SMC 2.12.010, in the event of three consecutive unexcused absences during any calendar year, or in the event of five unexcused absences during any calendar year. The determination of whether a member’s absence is excused or unexcused shall be made by the chairperson of the planning commission. (Ord. 786 § 2, 1997; Ord. 555 § 2, 1985).

2.12.070 Report to city council.

Repealed by Ord. 786. (Ord. 296 § 7, 1957).

Chapter 2.14
HEARING EXAMINER

Sections:

2.14.010 Purpose.

2.14.020 Creation of hearing examiner.

2.14.030 Appointment.

2.14.040 Qualifications.

2.14.050 Compensation.

2.14.060 Jurisdiction of the examiner.

2.14.070 Conflict of interest, appearance of fairness and freedom from improper influence.

2.14.080 Duties of the examiner.

2.14.090 Applications.

2.14.100 Public hearings.

2.14.110 Examiner’s decision or recommendation.

Code reviser’s note: Section 2 of Ord. 767 provides as follows:

Notwithstanding the provisions of Section 1, the planning commission shall retain jurisdiction to take all actions specifically committed to the planning commission in any approved mixed use final plan, provided, this provision shall not be construed to confer jurisdiction on the planning commission over preliminary plats.

2.14.010 Purpose.

The purposes of this chapter are to establish a quasi-judicial hearing system which will ensure procedural due process and appearance of fairness in regulatory hearings; to provide greater separation of the administration of land use regulations from the formulation of land use policy; and to provide an efficient and effective process utilizing a qualified professional hearing examiner for hearing and determining such matters as may be committed to the hearing examiner’s jurisdiction. (Ord. 767 § 1, 1996).

2.14.020 Creation of hearing examiner.

The office of hearing examiner of the city of Snoqualmie, hereinafter referred to as “examiner,” is hereby created. There shall be an examiner, and an examiner pro tem, who shall have all of the authority conferred upon the examiner in the event of the examiner’s absence or inability to act in a particular matter. All references in this code to the examiner shall include the examiner pro tem. (Ord. 767 § 1, 1996).

2.14.030 Appointment.

The examiner shall be appointed by the mayor, subject to confirmation by the city council. (Ord. 767 § 1, 1996).

2.14.040 Qualifications.

The examiner shall be appointed solely with regard to his or her qualification and experience to carry out the duties of the office, including conducting administrative and quasi-judicial hearings, making land use regulatory decisions, making land use regulatory recommendations to the city council, and performing such other functions as the city council shall by ordinance prescribe for the examiner. The examiner shall hold no other elective or appointive office or position in city government. (Ord. 767 § 1, 1996).

2.14.050 Compensation.

The examiner shall be engaged by written contract, and shall be compensated on such basis, whether hourly or per case, as the city council may from time to time prescribe by resolution. The estimated amount for the examiner to conduct any required hearing and render a decision or recommendation in any matter shall be included in the deposit required pursuant to Chapter 15.16 SMC*, and it shall be the responsibility of the applicant for any permit or approval heard by the examiner to reimburse the city for the actual cost of the examiner’s services. (Ord. 767 § 1, 1996).

*Code reviser’s note: Chapter 15.16 SMC has been repealed by Ord. 768 (see SMC Title 14, Development Review).

2.14.060 Jurisdiction of the examiner.

The jurisdiction of the examiner is prescribed in other titles of this code; provided, the examiner is hereby explicitly vested with the authority to hear and decide the matters set forth in RCW 35A.63.110 in lieu of a board of adjustment, which include:

A. Appeals from orders, recommendations, permits, decisions, or determinations made by a city official in the administration of SMC Title 17.

B. Applications for variances from the terms of SMC Title 17.

C. Applications for conditional use permits pursuant to SMC Title 17. (Ord. 960 § 1, 2004; Ord. 767 § 1, 1996).

2.14.070 Conflict of interest, appearance of fairness and freedom from improper influence.

A. The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might interfere with the examiner’s ability to make a fair and independent decision or recommendation. Any actual or potential conflict of interest shall be disclosed to the city, the applicant and other parties immediately upon discovery of such conflict. In such case, the remainder of the hearing shall be conducted, and any decision or recommendation rendered, by the examiner pro tem.

B. The Appearance of Fairness Doctrine, as set forth in Chapter 42.36 RCW, as it now exists or may hereafter be amended, shall apply to all proceedings conducted by the examiner, and may result in the examiner’s disqualification when necessary.

C. No elected or appointed officer or employee of the city, or any other person, shall attempt to interfere with or improperly influence the examiner in the discharge of his or her designated duties. (Ord. 767 § 1, 1996).

2.14.080 Duties of the examiner.

The examiner shall receive and examine available information, conduct public hearings and enter findings of fact and conclusions of law, together with a decision or recommendation, as prescribed by other titles of this code. (Ord. 767 § 1, 1996).

2.14.090 Applications.

Applications for all matters to be heard by the examiner shall be filed with the department of community development, which shall be responsible for determining the completeness of the application, and upon making a determination of completeness, for scheduling a public hearing to be held within 45 days after the determination of completeness, subject to the rules for exclusion of certain periods pursuant to SMC Title 14. (Ord. 767 § 1, 1996).

2.14.100 Public hearings.

A. The examiner may prescribe reasonable rules for the conduct of public hearings.

B. Notice of the time and place of all hearings shall be given, as prescribed by other titles of this code.

C. All testimony before the hearing examiner shall be on oath or affirmation.

D. All proceedings before the examiner shall be recorded, and a proper record of witnesses and exhibits shall be maintained. (Ord. 767 § 1, 1996).

2.14.110 Examiner’s decision or recommendation.

A. Within 15 calendar days after the conclusion of a hearing, unless a longer period is agreed to by the applicant in writing or verbally on the record at the public hearing, the examiner shall render a written decision or recommendation, as the case may be, which shall include the following:

1. Written findings of fact based upon the record and conclusions therefrom which support the decision or recommendation;

2. The decision or recommendation, stating whether it is remanded to the applicant for modification, approved, approved with conditions or denied; and

3. A statement as to the procedure and time limits for an appeal to the city council, if applicable.

B. Copies of the written decision or recommendation shall be transmitted within five days to the applicant, to the department of community development, to the parties of record, and to other parties who have requested it. The transmittal to the applicant and parties of record shall be by certified mail, return receipt requested, which shall be evidenced by a certificate of mailing.

C. The community development department shall provide for public notice of the decision to be published, and posted for site-specific decisions. (Ord. 767 § 1, 1996).

Chapter 2.16
POLICE DEPARTMENT – REGULAR

Sections:

2.16.010 Chapter 41.12 RCW – Adopted by reference.

2.16.020 Commission – Created – Membership.

2.16.030 Commission – Organization and duties.

2.16.040 Applicants for employment.

2.16.050 Employee benefits.

2.16.060 Application of provisions.

2.16.010 Chapter 41.12 RCW – Adopted by reference.

Except as provided in this chapter, the system commonly known as civil service for city police, as set forth in Chapter 41.12 RCW, is adopted for the police department of the city, and all full paid employees therein, excluding the chief, and all hiring, advancements, demotions, discharges and other disciplinary actions in the department shall be governed by civil service rules prescribed in or adopted pursuant to Chapter 41.12 RCW, as it exists or may be amended at or after the effective date of the ordinance codified in this chapter. (Ord. 660 § 1, 1991; Ord. 395 § 1, 1972).

2.16.020 Commission – Created – Membership.

There is created for the administration of such civil service for the police department a civil service commission composed of five members who shall be appointed by the mayor of the city, subject to confirmation by city council. The term of office of such civil service commission shall be six years. In the event a commissioner resigns, becomes disqualified or is removed for cause, another commissioner shall be appointed to take his place for the unexpired portion of the term. (Ord. 660 § 2, 1991; Ord. 395 § 2, 1972).

2.16.030 Commission – Organization and duties.

The commission shall organize itself, hold meetings, adopt rules and regulations, perform the duties and exercise the powers of the commission in accordance with state law. (Ord. 395 § 3, 1972).

2.16.040 Applicants for employment.

All applicants for employment with, advancement in, or the filling of a vacancy in the police department of the city shall be required to have the qualifications, have a tenure of office, and be subject to removal, as provided in the civil service regulations adopted by the commission consistent with state law, except that notwithstanding the provisions of RCW 41.12.100, in the employment, advancement and filling of vacancies in the department, the commission shall certify to the appointing power the names of the three persons highest on the eligible list for the class (or the list held appropriate for such class) to which the vacant position has been allocated, who are willing to accept employment. (Ord. 395 § 4, 1972).

2.16.050 Employee benefits.

All members of the present police department of the city shall be entitled to the benefits accruing under this chapter and Chapter 41.12 RCW, as amended, including retaining their present positions and ranks without being subjected to the examination and investigations to be required for the appointment of all subsequent employees of the police department. (Ord. 395 § 5, 1972).

2.16.060 Application of provisions.

This chapter shall not apply to part-time employees of the police department. (Ord. 395 § 6, 1972).

Chapter 2.18
AUXILIARY POLICE DEPARTMENT

Sections:

2.18.010 Created.

2.18.020 Duties.

2.18.030 Limitations on powers.

2.18.040 Qualifications for membership.

2.18.050 Appointment.

2.18.060 Uniforms.

2.18.070 Termination – Resignation.

2.18.080 Duties of chief.

2.18.090 Service without compensation.

2.18.100 Status of members.

2.18.010 Created.

There is created and established an auxiliary police force, which shall consist of those individuals meeting the prescribed qualifications and being approved for membership by the chief of police. The auxiliary police force shall function as a unit of the city under the supervision of the chief of police. (Ord. 586 § 1, 1987).

2.18.020 Duties.

The duties of the auxiliary police force shall be as follows:

A. To supplement the regular and reserve police forces;

B. To aid in the control of traffic and maintenance of order generally at parades, sporting events and other large assemblies of people;

C. To assist the regular and reserve police forces in the protection of life and property, and in the preservation of peace and order, during emergencies and at all other times as required;

D. To perform such other duties as may from time to time be assigned to them by the chief of police. (Ord. 586 § 1, 1987).

2.18.030 Limitations on powers.

In no event shall members of the auxiliary police force:

A. Carry firearms or other weapons:

B. Make any arrest or detention of any person. (Ord. 586 § 1, 1987).

2.18.040 Qualifications for membership.

To be eligible for membership in the auxiliary police force, each applicant shall file an application with the chief of police on a form prescribed by him. Such application shall state, in addition to such other information as the chief of police may require, that the applicant is:

A. A citizen of the United States;

B. Between 18 and 21 years of age, inclusive;

C. Willing to serve in the auxiliary police force of the city, if accepted to membership by the chief of police;

D. Willing to abide by such rules and regulations as may from time to time be established by the chief of police;

E. Trustworthy and of good moral character, and has not been convicted of any felony or other offense involving moral turpitude. (Ord. 586 § 1, 1987).

2.18.050 Appointment.

The chief of police may, after satisfying himself that the matters set forth in the application are true, appoint those applicants as he may deem most qualified to membership in the auxiliary police force. The chief of police shall issue an identification card and a police badge to each member of the auxiliary police force so appointed. The identification card shall be carried at all times. The police badge shall be worn only when the auxiliary officer is acting in the performance of duties assigned by the chief of police. (Ord. 586 § 1, 1987).

2.18.060 Uniforms.

Upon appointment, each auxiliary police officer shall obtain, at his own expense, a uniform of a type prescribed by the chief of police. (Ord. 586 § 1, 1987).

2.18.070 Termination – Resignation.

The chief of police may terminate the membership of any auxiliary police officer at any time, with or without cause. Any auxiliary police officer may resign from the auxiliary police force upon written notice to the chief of police. Upon termination or resignation, an auxiliary police officer shall surrender to the chief of police his police badge, identification card and any and all equipment issued to him by the city within five days after separation from service. (Ord. 586 § 1, 1987).

2.18.080 Duties of chief.

The chief of police is the commanding officer of the auxiliary police force. The chief of police shall:

A. Select and appoint qualified persons to membership in the auxiliary police force;

B. Establish an appropriate training program for auxiliary police officers;

C. Promulgate rules and regulations for their conduct;

D. Prescribe the uniform for auxiliary police officers;

E. Supervise the performance of duty by auxiliary police officers; and

F. Discipline or discharge auxiliary police officers, as in his sole discretion may be warranted. (Ord. 586 § 1, 1987).

2.18.090 Service without compensation.

Auxiliary police officers shall serve without compensation, but the city council may, in its discretion, pay all or part of the cost of furnishing, cleaning or maintaining uniforms and equipment when the appropriation therefor is provided in the police or civil defense budget. (Ord. 586 § 1, 1987).

2.18.100 Status of members.

Auxiliary police officers shall not be deemed employees of the city for any purpose, but the city may register all auxiliary police officers as civil defense workers so that in the event of injury or death in the performance of duty such auxiliary police officer will be eligible for compensation as may be available for this purpose under applicable state law. (Ord. 586 § 1, 1987).

Chapter 2.20
POLICE DEPARTMENT – RESERVE

Sections:

2.20.010 Created.

2.20.020 Duties.

2.20.030 Applicants – Qualifications.

2.20.040 Uniform.

2.20.050 Termination – Resignation.

2.20.060 Chief of police – Duties.

2.20.070 Powers.

2.20.080 Service without compensation.

2.20.090 Members – Status as civil defense workers.

2.20.010 Created.

There is created and established a reserve police force, which shall be composed of not more than nine reserve officers. Each reserve officer shall be appointed by the chief of police. The reserve police force shall function as a unit of the city under the supervision of the chief of police. (Ord. 513 § 1, 1982; Ord. 438 § 1, 1975).

2.20.020 Duties.

The duties of the reserve police force are:

A. To supplement the regular police force;

B. To aid in the control of traffic and maintenance of order generally at parades and other large assemblies of people;

C. To assist the regular police force in the protection of life and property and in the preservation of peace and order; and

D. To perform such other duties as may from time to time be assigned to them by the chief of police. (Ord. 438 § 2, 1975).

2.20.030 Applicants – Qualifications.

To be eligible for membership in the reserve police force, each applicant shall file an application with the chief of police on a form prescribed by him. The application shall state, in addition to such other information as the chief of police shall require, that the applicant is:

A. A citizen of the United States;

B. Twenty-one years of age or more;

C. Willing to serve on reserve duty at the discretion of the chief of police,

D. Willing to abide by such rules and regulations as may from time to time be established by the chief of police, and

E. Trustworthy and of good moral character, and not been convicted of a felony or any offense involving moral turpitude.

The chief of police may, after satisfying himself that the matters stated in the application are true, appoint such a applicants as he may deem most qualified, until the reserve police force attains its maximum authorized strength. (Ord. 513 § 1, 1982; Ord. 438 § 3, 1975).

2.20.040 Uniform.

Upon appointment, each reserve officer shall obtain, at his own expense, a uniform of a type prescribed by the chief of police. The chief of police shall furnish each reserve officer a membership identification card, which the reserve officer shall carry at all times, and a police badge, which shall be worn only when the reserve officer is acting in such capacity in the performance of duties assigned by the chief of police. (Ord. 438 § 4, 1975).

2.20.050 Termination – Resignation.

The membership of any reserve officer in the reserve police force may be terminated by the chief of police at any time, with or without cause. Any reserve officer may resign from the reserve police force upon written notification to the chief of police. Upon separation from the reserve police force, a reserve officer shall surrender to the chief of police within five days of such separation all equipment issued to him by the city. (Ord. 438 § 5, 1975).

2.20.060 Chief of police – Duties.

The chief of police of the city is the commanding officer of the reserve police force. The chief of police shall:

A. Select and appoint qualified persons to the reserve police force;

B. Establish a training program for reserve officers;

C. Promulgate rules and regulations for their conduct;

D. Prescribe the uniform for reserve officers; and

E. Supervise the performance of duty by reserve officers. (Ord. 438 § 6, 1975).

2.20.070 Powers.

Reserve officers shall have all the powers vested in them by the chief of police while in the performance of their duties, but under no circumstances shall a reserve officer exercise any power while not in the performance of duties ordered by the chief of police or a regular police officer. (Ord. 438 § 7, 1975).

2.20.080 Service without compensation.

Reserve officers shall serve without compensation, but the city council may, in its discretion, pay all or part of the cost of furnishing uniforms and equipment when the appropriation therefor has been indicated as an item in the police or civil defense budget, as it may choose. (Ord. 438 § 8, 1975).

2.20.090 Members – Status as civil defense workers.

Reserve officers shall not be regarded as employees of the city for any purpose, but the city may register all reserve officers as civil defense workers so that in the event of injury or death in the performance of duty such reserve officers will be eligible for compensation available for this purpose, as established by the Legislature and administered by the Department of Civil Defense of the state. (Ord. 438 § 9, 1975).

Chapter 2.22
SNOQUALMIE ECONOMIC DEVELOPMENT COMMISSION

Sections:

2.22.010 Created.

2.22.020 Membership.

2.22.030 Appointment.

2.22.040 Terms of office.

2.22.050 Compensation.

2.22.060 Organization – Quorum – Rules of procedure.

2.22.070 Duties.

2.22.080 Economic development element.

2.22.010 Created.

The Snoqualmie economic development commission is hereby created. (Ord. 962 § 1, 2004).

2.22.020 Membership.

A. The economic development commission shall consist of seven members, who shall reside within the city and/or own or operate a business within the Snoqualmie business community. The chair of the community relations committee, or such other council committee as council shall designate, shall be an ex officio member of the economic development commission.

B. The members of the economic development commission shall be appointed by the mayor, subject to confirmation by the city council. (Ord. 996 § 1, 2006; Ord. 962 § 1, 2004).

2.22.030 Appointment.

The members of the economic development commission shall be appointed by the mayor, subject to confirmation by the city council. (Ord. 962 § 1, 2004).

2.22.040 Terms of office.

A. Economic development commission members shall serve two-year terms. To allow for the staggering of terms for the initial membership and appointment or reappointment as appropriate, the initial terms shall be determined by lot for terms as follows: four members shall serve terms of one year, and five members shall serve terms of two years.

B. The position of a member shall become vacant upon such member’s ceasing to meet the membership requirements. The position of a member shall be forfeited and become vacant for failure to attend three regular consecutive meetings of the commission, unless such absence is excused by a majority of the members of the commission. A vacancy occurring other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments as provided in this chapter. (Ord. 962 § 1, 2004).

2.22.050 Compensation.

Members shall serve without compensation but may be reimbursed for reasonable expenses pursuant to city ordinances and policies. (Ord. 962 § 1, 2004).

2.22.060 Organization – Quorum – Rules of procedure.

The economic development commission shall organize, adopt administrative rules and procedures necessary to accomplish its purposes, and elect from its members a chairperson annually at its first meeting of each year. As a part of the city government, the economic development commission shall abide by and conform to state laws regulating municipalities, city ordinances, policies and procedures. A majority of the membership of the economic development commission shall constitute a quorum for the transaction of business. Any action taken by a majority of the members present, when those present constitute a quorum, at any meeting of the economic development commission shall be deemed to be the action of the commission. The economic development commission is authorized to adopt rules of procedure for the conduct of its business. (Ord. 962 § 1, 2004).

2.22.070 Duties.

The economic development commission shall have the following duties:

A. To hold regular public meetings.

B. To prepare an economic development element for the Snoqualmie vicinity comprehensive plan in accordance with SMC 2.22.080, and from time to time to recommend amendments thereto.

C. To make periodic recommendations to planning commission and city council regarding the impact on economic development of the plans, policies and regulations of the city.

D. To provide such other advice and recommendations to the mayor and city council regarding matters affecting economic development within the city as may be requested by mayor or city council. (Ord. 962 § 1, 2004).

2.22.080 Economic development element.

A. The economic development element of the comprehensive plan shall establish goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life.

B. The element shall include:

1. A summary of the local economy such as population, employment, payroll, sectors, businesses, sales, and other information as appropriate;

2. A summary of the strengths and weaknesses of the local economy defined as the commercial and industrial sectors and supporting factors such as land use, transportation, utilities, education, work force, housing, and natural/cultural resources; and

3. An identification of policies, programs, and projects to foster economic growth and development and to address future needs.

C. The proposed economic development element prepared by the economic development commission shall be forwarded to the planning commission for consideration and recommendation to city council for inclusion in the comprehensive plan. (Ord. 962 § 1, 2004).

Chapter 2.24
CITY COUNCIL

Sections:

2.24.010 Meetings – Time and place.

2.24.020 Meetings – Rescheduling for holidays.

2.24.030 Number of members – Appointment.

2.24.010 Meetings – Time and place.

The city council shall meet on the second and fourth Mondays of each and every calendar month at the City Hall and the meeting shall commence at 7:00 p.m. and adjourn by a motion of the city council. (Ord. 564 § 1, 1986; Ord. 417 § 1, 1974; Ord. 327 § 1, 1962).

2.24.020 Meetings – Rescheduling for holidays.

In the event any regular meeting of the city council occurs on a legal holiday, the council shall hold its regular meeting on the next business day after the legal holiday. (Ord. 888 § 1, 2001; Ord. 327 § 2, 1962).

2.24.030 Number of members – Appointment.

A. The number of councilmanic offices in the city is hereby increased from five to seven members.

B. The city council shall by majority vote appoint two persons in the manner provided in RCW 42.12.070, to wit: the members of city council shall appoint one qualified person to fill the first vacant office, and the city council and the newly appointed person shall appoint another qualified person to fill the other vacant position, with the first new appointee participating in the appointment that is made after his or her appointment.

C. The appointments to fill the newly created councilmanic offices shall be made as soon as reasonably practicable, with due time allowed to solicit qualified applicants and for city council to evaluate their qualifications.

D. The persons appointed shall serve in these offices until the next municipal general election in November 2005, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. (Ord. 959 §§ 1 – 4, 2004).

Chapter 2.28
UTILITIES DEPARTMENT

Sections:

2.28.010 Creation.

2.28.020 Personnel.

2.28.010 Creation.

There is established by the city a utilities department which shall consist of the water and sewer systems of the city. (Ord. 452 § 1, 1977).

2.28.020 Personnel.

The officers and the employees of the utilities department shall consist of such personnel as the city council may from time to time deem necessary for the efficient administration of the department. (Ord. 452 § 2, 1977).

Chapter 2.30
FLEET MANAGEMENT DEPARTMENT

Sections:

2.30.010 Creation.

2.30.020 Appointment of director.

2.30.040 Powers and functions of the director.

2.30.050 Use of city-owned or leased vehicles and rolling stock.

2.30.010 Creation.

There is established a fleet management department to manage the acquisition, maintenance, repair and replacement of all of the city’s vehicular fleet and other rolling stock. (Ord. 969 § 1, 2005).

2.30.020 Appointment of director.

The director of the fleet management department shall be the public works director, until such time as a separate director of the department shall be funded by city council. Such director shall be appointed by the mayor subject to confirmation by a majority vote of the city council. (Ord. 969 § 1, 2005).

2.30.040 Powers and functions of the director.

The director shall manage the fleet management department and shall have the following powers and perform the following functions:

A. Assign, supervise and control all employees in the department;

B. Promulgate rules and regulations of the department for the assignment of vehicles and rolling stock to the various departments or as pool vehicles, as deemed necessary and proper, and develop and implement procedures for checking out city-owned or leased vehicles and other rolling stock and billing city departments for the use thereof. The procedure shall limit availability of such vehicles and other rolling stock to such officers and employees as shall have been properly authorized to use the same;

C. Manage the preparation of the annual budget for the department, authorize appropriate expenditures and carry out the adopted budget, develop and manage programs, and undertake authorized activities;

D. Establish a system of prices, rates and allocations, and charge city departments for the use of vehicles and other rolling stock furnished to such departments and for services provided by the fleet management department in amounts sufficient to provide for the acquisition, maintenance, repair and replacement of vehicles and other rolling stock in the city’s fleet and operation of the fleet management department;

E. Manage the acquisition, maintenance, repair and replacement of vehicles and other rolling stock in the fleet management department’s program, whether by purchase or lease, subject to approval of contracts by city council;

F. Perform other functions and execute such other powers as may be prescribed from time to time by ordinance. (Ord. 969 § 1, 2005).

2.30.050 Use of city-owned or leased vehicles and rolling stock.

City-owned or leased motor vehicles and rolling stock shall be used exclusively for official city purposes. No city-owned or leased vehicle or rolling stock shall be rented or loaned, except to city departments, to duly registered and authorized volunteer workers in the furtherance of approved city programs, to persons providing service to the city under contract and in accordance with the terms of their contract, or to other governmental agencies or associations of cities, towns or governmental agencies, or in conformance with mutual aid agreements. The director is authorized to promulgate rules and regulations to secure adequate consideration for the use of city-owned or leased motor vehicles or other rolling stock, and for other services, pursuant thereto, and to secure the return of such motor vehicles in proper condition. (Ord. 969 § 1, 2005).

Chapter 2.32
FIRE DEPARTMENT

Sections:

I. Created – Officers

2.32.010 Department created – Chapter 41.08 RCW adopted by reference.

2.32.020 Officers – Designated.

2.32.030 Appointment of officers.

II. Duties of the Chief

2.32.040 Rules and regulations.

2.32.050 Meetings and drills.

2.32.060 Investigation of fires.

2.32.070 Fire chief – Inspection – Warrant.

2.32.080 Notice to abate fire hazard – Compliance required.

2.32.090 Bookkeeping.

III. Membership

2.32.100 Qualifications – Appointments.

2.32.110 Members – Removal.

2.32.120 Compensation.

IV. Equipment

2.32.130 Required.

2.32.140 Recommendation and purchases – Recommendation of apparatus.

2.32.150 Housing.

2.32.160 Fire alarm equipment.

2.32.170 Unlawful use.

2.32.180 Lawful use.

2.32.190 Entering place where housed – Department personnel to accompany.

2.32.200 Fire protection agreement.

2.32.210 Apparatus – Hiring out or permitting to leave town when authorized.

2.32.215 Fees for services to nonresidents.

V. Volunteer Firemen’s Relief and Compensation Fund

2.32.220 Board of trustees.

VI. General Regulations

2.32.230 Badge.

2.32.240 Driving over fire hose prohibited.

2.32.250 Obstructing fire station entrance and fire hydrant.

2.32.260 Following apparatus in vehicle or parking near fire.

2.32.270 Malicious or false alarm prohibited.

2.32.280 Riding on apparatus – Unauthorized persons prohibited.

2.32.290 Burning prohibited.

VII. Enforcement

2.32.300 Penalty for violations.

2.32.310 Officers – Enforcement duties.

I. Created – Officers

2.32.010 Department created – Chapter 41.08 RCW adopted by reference.

A. A department to be known as the fire department, the object of which shall be prevention of fire and protection of life and property within the corporate limits of the city, is created as set forth in this chapter. The department shall consist of both volunteer firefighters, whose membership shall be as provided in SMC 2.32.100, 2.32.110 and 2.32.120, and such full paid firefighters as the city council may from time to time authorize.

B. Except as provided in this chapter, the system commonly known as civil service for city firemen, as set forth in Chapter 41.08 RCW, is adopted for the full paid firefighters of the fire department, excluding the chief. The civil service system shall be unified with the civil service system for city policemen created under Chapter 2.16 SMC. The civil service commission for the police department shall also serve as the civil service commission for the fire department, and shall administer the system according to rules prescribed in or adopted pursuant to Chapter 41.08 RCW, as it exists or may be amended at or after the effective date of the ordinance codified in this chapter. (Ord. 660 § 4, 1991; Ord. 480 § 1, 1980).

2.32.020 Officers – Designated.

The officers of the fire department shall be a chief, an assistant chief, a fire marshal, two captains and four lieutenants. (Ord. 660 § 5, 1991; Ord. 480 § 1, 1980).

2.32.030 Appointment of officers.

The mayor shall appoint the fire chief, subject to the confirmation of city council, who shall serve at the pleasure of the mayor. All other officers shall be appointed by the fire chief; provided, if the position is to be filled by a full paid firefighter, the provisions of the civil service system shall apply. (Ord. 660 § 6, 1991; Ord. 480 § 1, 1980).

II. Duties of the Chief

2.32.040 Rules and regulations.

The chief shall formulate a set of rules and regulations to govern the department, subject to the approval of the council, and shall be responsible to the council, and mayor for the personnel, morale and general efficiency of the department. (Ord. 480 § 1, 1980).

2.32.050 Meetings and drills.

The chief shall, on Tuesday of each week, hold meetings and conduct drills. The first Tuesday of each month shall be designated as business meeting, and each following Tuesday shall be designated as drills. Drills in all matters generally considered and essential to good firemanship and safety to life and property from fire. (Ord. 480 § 1, 1980).

2.32.060 Investigation of fires.

The chief is required to assist the proper authorities in suppressing crime or arson by investigating or causing to be investigated the cause, origin, and circumstances of all fires. (Ord. 480 § 1, 1980).

2.32.070 Fire chief – Inspection – Warrant.

A. The fire chief by himself or by his designated representative, shall inspect within the city at any reasonable hour, after a reasonable notice to the occupant and owner thereof, to determine the existence of any fire hazards and/or any violation of the provisions of the regulations adopted by Title 15 relating to buildings and construction.

B. Should any owner or occupant of premises deny access by the fire chief or his designated representative to such premises for the purpose of inspection, then upon good cause shown that the fire chief or his designated representative has reasonable grounds to believe that fire hazards and/or violations of the regulations of SMC Title 15 exist on the premises, a warrant authorizing the inspection of such premises shall be issued by the municipal judge directing the inspection of such premises by the fire chief or his designated representatives to determine the existence of fire hazards and/or violations of the regulations of SMC Title 15. (Ord. 480 § 1, 1980).

2.32.080 Notice to abate fire hazard – Compliance required.

Any person so served with a notice to abate any fire hazard or hazards shall comply forthwith and promptly notify the chief or his designated representative of his compliance and abatement of the hazards or the hazards. (Ord. 480 § 1, 1980).

2.32.090 Bookkeeping.

The chief shall see that complete records are kept of all fires, inspections, apparatus and minor equipment, personnel and other information about the operations of the department. (Ord. 480 § 1, 1980).

III. Membership

2.32.100 Qualifications – Appointments.

The membership shall consist of firemen in such numbers as shall be determined by the State Fire Code, or law of the state, being such persons as may be selected by the department. (Ord. 480 § 1, 1980).

2.32.110 Members – Removal.

Any fireman may be removed by the majority vote of the firemen, for failure to properly perform duty, or such other reason as may seem to be sufficient. (Ord. 480 § 1, 1980).

2.32.120 Compensation.

Each member shall be paid from the funds budgeted by the city at a rate recommended by the fire department selected remuneration committee and approved by the city council. (Ord. 480 § 1, 1980).

IV. Equipment

2.32.130 Required.

The department shall be equipped with such apparatus and equipment as may be required from time to time to maintain its efficiency and properly protect life and property from fire. (Ord. 480 § 1, 1980).

2.32.140 Recommendation and purchases – Recommendation of apparatus.

Equipment needed shall be made known by the chief and after approval of the council, shall be purchased in such manner as may be designated by the council, and laws of the state. (Ord. 480 § 1, 1980).

2.32.150 Housing.

All equipment of the department shall be safely and conveniently housed in such places as may be designated by the council. (Ord. 480 § 1, 1980).

2.32.160 Fire alarm equipment.

Suitable arrangements of equipment shall be provided for citizens to turn on an alarm, and for notifying all members of the department so that they may properly respond to a fire alarm. (Ord. 480 § 1, 1980).

2.32.170 Unlawful use.

No person shall use any fire apparatus or equipment for any private purpose, nor shall any person willfully and without proper authority take away or conceal any article used in any way by the department. (Ord. 480 § 1, 1980).

2.32.180 Lawful use.

The apparatus may be used for suppression of a fire and for any other purpose for preservation of life, or other public emergency. (Ord. 480 § 1, 1980).

2.32.190 Entering place where housed – Department personnel to accompany.

No person shall enter any place where fire apparatus is housed or handle any apparatus or equipment belonging to the department unless accompanied by or having the special permission of an officer or authorized member of the department. (Ord. 480 § 1, 1980).

2.32.200 Fire protection agreement.

The city is authorize to enter into agreements or contracts with nearby communities or entities with fire protection or to establish a mutual system. (Ord. 480 § 1, 1980).

2.32.210 Apparatus – Hiring out or permitting to leave town when authorized.

No apparatus shall be hired out or permitted to leave the city, except in the response to a call for aid in a neighboring community or entity without the consent of the chief. The officer in charge of the department shall have the power to assign equipment for the response to calls for outside aid in accordance with SMC 2.32.200 and in other cases only when the absence of such equipment will not jeopardize protection in the city. (Ord. 480 § 1, 1980).

2.32.215 Fees for services to nonresidents.

A. For all responses by the Snoqualmie fire department which are made outside the corporate limits of the city in connection with services rendered to nonresidents of the city, the party for whose benefit such response was made shall be billed in accordance with the Fee Schedule for Fire Suppression, as adopted by the Washington State Association of Fire Chiefs, and published in publication WFCA – #50, as that schedule of fees now exists, or may hereafter be modified by the association.

B. Consumable items, such as foam, gas, oxygen or other materials which are used on any call outside the corporate limits of the city in connection with services rendered to any nonresident of the city shall be billed at replacement cost in addition to the foregoing fees.

C. Equipment destroyed or lost while combatting a fire outside the corporate limits of the city in connection with services rendered to nonresidents of the city shall, to the extent not covered by insurance, be replaced by the party for whose benefit the response was made.

D. For all responses on Interstate Highway 90 (I-90), whether within or without the corporate limits of the city, in connection with services rendered to nonresidents of the city, consumable items such as foam, air, oxygen or other materials, and equipment destroyed or lost while combatting a fire shall, to the extent not covered by insurance, be billed at replacement cost to the party for whose benefit the response was made.

E. Charges for transportation in connection with emergency medical care by the Snoqualmie Fire Department shall be the same as those charged by local private ambulance services. Charges shall be computed using a base fee of $205.00 plus $9.50 per mile from the site of the patient’s pickup to any hospital, emergency room, physician’s office or transfer point to which the patient is transported. These charges shall be at the discretion of the fire chief.

F. The foregoing charges shall not be applicable to responses made pursuant to any fire protection contract or mutual aid agreement.

G. If any section, clause or phrase of this section is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions hereof. (Ord. 686 §1, 1992; Ord. 611 § 1, 1989; Ord. 598 § 1, 1988; Ord. 550 § 1, 1985; Ord. 542 § 1, 1984).

V. Volunteer Firemen’s Relief and Compensation Fund

2.32.220 Board of trustees.

There is created a board of trustees of the volunteer firemen’s relief and compensation fund consisting of the mayor, city clerk-treasurer, one member of the city council selected by the mayor, the chief of the fire department, and one member of the department to be elected by the members thereof for a term of one year, annually thereafter. The mayor shall be ex officio chairman, the city clerk shall be ex officio secretary of the board of trustees. (Ord. 480 § 1, 1980).

VI. General Regulations

2.32.230 Badge.

Each member of the department shall be issued a badge designating his rank. (Ord. 480 § 1, 1980).

2.32.240 Driving over fire hose prohibited.

No person shall drive any vehicle over fire hose except upon specific orders from the chief or other officers in charge where the hose is used. (Ord. 480 § 1, 1980).

2.32.250 Obstructing fire station entrance and fire hydrant.

No person shall park any private vehicle or otherwise cause any obstruction to be placed within 15 feet of the entrance to any fire station or other place where fire apparatus is stored, or within 15 feet of any fire hydrant. (Ord. 480 § 1, 1980).

2.32.260 Following apparatus in vehicle or parking near fire.

No unauthorized person with any vehicle shall follow within 500 feet of any apparatus belonging to the department, nor park any unauthorized vehicle within 200 feet of a fire. (Ord. 480 § 1, 1980).

2.32.270 Malicious or false alarm prohibited.

No person shall maliciously turn in or cause to be turned in a false alarm. (Ord. 480 § 1, 1980).

2.32.280 Riding on apparatus – Unauthorized persons prohibited.

Persons not connected with the department shall not be permitted to ride on the apparatus, except on special occasions in the discretion and on the authorization of the chief. (Ord. 480 § 1, 1980).

2.32.290 Burning prohibited.

No person, firm or corporation, shall burn any weeds, trash, rubbish or other material in the open unless they have a valid permit issued by the department. (Ord. 480 § 1, 1980).

VII. Enforcement

2.32.300 Penalty for violations.

Any person violating the provisions of SMC 2.32.080, 2.32.170, and 2.32.180, and 2.32.240 through 2.32.290 shall, upon conviction, pay a fine of no more than $500.00, or be imprisoned for not more than six months, or be both so fined and imprisoned for each offense. (Ord. 480 § 1, 1980).

2.32.310 Officers – Enforcement duties.

It is the special duty of the chief of police, or other peace officers who may be on duty and available for fire duty, to respond to all fire alarms and assist the department in the protection of life and property, in regulating traffic, maintaining order and in enforcing observance of all sections of this chapter. (Ord. 480 § 1, 1980).

Chapter 2.36
SALARIES

Sections:

2.36.005 General.

2.36.010 Mayor.

2.36.020 Council members.

2.36.030 Status of current council members.

2.36.040 Mayor and council members eligible for city health insurance plan.

2.36.005 General.

All provisions of this chapter shall be interpreted and applied consistent with the requirements of the constitution and laws of the state of Washington, including but not limited to the following:

A. Retroactive pay for any elected official for services already performed shall not be allowed.

B. Additional pay shall not be allowed for any elected official for performance of the regular duties of his or her office as defined by statute.

C. Any council member holding office at the time of the passing of any ordinance increasing the salary or benefits of council members shall continue to receive his or her existing salary and/or benefits until such time as he or she shall have been reelected as a council member in a general municipal election of the city. (Ord. 952 § 1, 2004).

2.36.010 Mayor.

A. The duly elected or appointed mayor shall receive a salary in the amount of $1,666.67 per month as compensation for his or her services.

B. The mayor’s salary may be reviewed as part of the annual budget process, and may be increased upon approval of the budget ordinance for such year; and further provided, the mayor’s salary may be increased at any other time by ordinance appropriating funds therefor for the current budget year; provided, such increase shall be prospective only. (Ord. 952 § 2, 2004; Ord. 834 § 1, 1999; Ord. 794 § 1, 1997; Ord. 527 § 1, 1983; Ord. 499 § 1, 1981; Ord. 455 § 1, 1977).

2.36.020 Council members.

Commencing January 1, 2000, the duly elected or appointed council members shall receive the sum of $500.00 per month as compensation for his or her services. The mayor pro tem shall receive an additional $100.00 per month. (Ord. 843 § 1, 1999; Ord. 794 § 1, 1997; Ord. 527 § 2, 1983; Ord. 499 § 2, 1981; Ord. 490 § 1, 1980; Ord. 455 § 2, 1977).

2.36.030 Status of current council members.

The council members presently holding office at the time of the passing of the ordinance codified in this chapter shall continue to receive their present rate of compensation until such time as they have been elected as a council member in a general municipal election of the city, at which time they shall receive such rates as provided in this chapter. (Ord. 794 § 1, 1997; Ord. 527 § 2, 1983; Ord. 455 § 3, 1977).

2.36.040 Mayor and council members eligible for city health insurance plan.

Any duly elected or appointed mayor or council member and the members of his or her immediate family shall be eligible to participate in any city health insurance plan; provided, the premiums for such health insurance shall be the sole responsibility of such mayor or council member respectively, who shall promptly reimburse the city for any payment made on his or her behalf, until such time as council may provide for payment of such health insurance premiums by the city in the annual budget. (Ord. 919 § 1, 2003).

Chapter 2.40
ELECTIONS

Sections:

2.40.010 Town caucus system abolished.

2.40.020 Application of RCW provisions.

2.40.010 Town caucus system abolished.

The system of town caucus as a method of nominating candidates for elective municipal offices is abolished. (Ord. 368 § 1, 1968).

2.40.020 Application of RCW provisions.

From and after the effective date of the ordinance codified in this chapter, names of candidates for elective municipal offices shall appear upon the ballot as a result of the candidates filing declarations of candidacy for the respective offices and positions concerned in the form, place and manner as provided by the applicable statutes contained in RCW Title 29, as they now exist or may hereafter be amended. (Ord. 368 § 3, 1968).

Chapter 2.44
DISTRICT JUSTICE COURT

Sections:

2.44.010 District designated.

2.44.020 Utilization.

2.44.030 Municipal court.

2.44.040 Judge designated.

2.44.050 Administrative personnel.

2.44.060 Facilities.

2.44.070 Night sessions authorized.

2.44.080 Powers and functions.

2.44.090 Compensation.

2.44.010 District designated.

King County operates its justice court system pursuant to Chapters 3.30 through 3.74 RCW, with the county divided into various justice court districts, administered by fully qualified justice court judges. The city is presently situated within the northeast district justice court district, and commencing January 1, 1979, will be situated within the Issaquah District justice court district. (Ord. 460 § 1, 1978).

2.44.020 Utilization.

The city believes that utilization of the district justice court system and its judges will:

A. Provide professional services to its citizens, officials, and the public;

B. Lend uniformity of disposition and sentencing throughout the district; and,

C. Bring about the economic advantage to the city in the form of lower cost of operation. (Ord. 460 § 1, 1978).

2.44.030 Municipal court.

The municipal court of the city shall be a department of the district justice court in the justice court district in which it is situated (currently Northeast District justice court, on and after January 1, 1979, Issaquah District justice court) pursuant to Chapter 3.46 RCW. (Ord. 460 § 2, 1978).

2.44.040 Judge designated.

The judge of the municipal court shall be the presiding judge of the district justice court, with such judge empowered to assign one or more judges, pro tem judges, commissioner, or magistrates or preside over the municipal department, all of which will be on a part-time basis; as such time may be required for the orderly administration of justice. (Ord. 460 § 3, 1978).

2.44.050 Administrative personnel.

The regularly employed administrative personnel of the district court system assigned to such duties by the regularly administrative procedures of the justice court system shall be the administrative personnel of the municipal department. (Ord. 460 § 4, 1978).

2.44.060 Facilities.

Unless otherwise provided, the facilities for the court shall be the courtrooms, offices, facilities and supplies provided by the district justice court. (Ord. 460 § 5, 1978).

2.44.070 Night sessions authorized.

Upon determination of the presiding judge of the necessity or feasibility thereof, the municipal department is authorized to hold night sessions. (Ord. 460 § 6, 1978).

2.44.080 Powers and functions.

The judge or judges appointed as specified in SMC 2.44.040 shall have all the powers and duties provided by law for police judges, municipal judges, or judges of inferior courts, including, but not limited to, the power to accept complaints and citations, issue warrants and/or summonses, arraign accused persons, accept pleas, set bail or personal recognizance, determine guilt or innocence, pronounce judgment and sentence and enforce the same, assess cost, accept promises to pay, impose probation, defer findings or judgment, impose conditions, appoint clerks or deputy clerks of the court, provide for the operation of a violations bureau, supervise the operations of the municipal department, and make and enforce such rules of court as are deemed desirable. (Ord. 460 § 7, 1978).

2.44.090 Compensation.

No annual salary shall be paid to the district court or judge thereof. As provided in RCW 3.62.070, the city shall pay to the district court as compensation for all services and cost, the sum of $4.00 for each criminal action filed by the city for an ordinance violation; except that if a violation bureau is established pursuant to RCW 3.30.090 or such other applicable statute, the exceptions of such statute shall apply. (Ord. 460 § 8, 1978).

Chapter 2.48
EMERGENCY MANAGEMENT AND SERVICES

Sections:

2.48.010 Purpose.

2.48.020 Emergency management and services organization created.

2.48.030 Emergency management and services plan required.

2.48.040 Disaster and emergency powers of the mayor.

2.48.050 Duties and powers of the director of emergency management and services.

2.48.070 Violations and penalties.

2.48.080 Severability.

2.48.010 Purpose.

The purpose of this chapter is to create an emergency management and services organization to carry out emergency management and services functions, and to provide for the preparation and implementation of an emergency management and services plan to mitigate, prepare for, respond to and recover from injury and damage to persons or property resulting from emergencies or disasters, whether natural or manmade. (Ord. 759 § 2, 1996).

2.48.020 Emergency management and services organization created.

A. There is hereby created within the city an organization to perform local emergency management and service functions, as defined in RCW 38.52.010, as it now exists or may hereafter be amended.

B. The organization herein created shall not be a new department of the city but shall consist of such officers and employees of the city as shall be specified in the emergency management and services plan promulgated under this chapter, and shall represent only the city.

C. The emergency management and services organization shall be headed by the chief of the fire department as director of emergency management. The director of emergency management and services shall be directly responsible for the organization, administration, and operation of the organization. (Ord. 961 § 1, 2004; Ord. 759 § 2, 1996).

2.48.030 Emergency management and services plan required.

An emergency management and services plan for the city shall be prepared by or under the direction of the director of emergency management and services, and shall be promulgated by the mayor, with the approval of the city council. Such plan shall be in conformity with the requirements of Chapters 118-06 through 118-30 WAC, as they now exist or may hereafter be amended, or any other administrative rules and regulations of the state of Washington promulgated under authority of Chapter 38.52 RCW governing emergency management and services plans of subdivisions of the state. (Ord. 759 § 2, 1996).

2.48.040 Disaster and emergency powers of the mayor.

A. In the event of an emergency or disaster, as herein defined, the mayor is hereby empowered as follows:

1. To make and issue emergency rules, regulations and orders on matters reasonably related to the protection of life and property affected by such emergency or disaster, including but not limited to orders relating to closure or restriction of access to and evacuation of areas of the city affected by the emergency or disaster, provided the mayor shall obtain the confirmation such emergency rules, regulations and orders by city council as soon as may be practicable;

2. To request the county executive to request a proclamation of state of emergency when, in the mayor’s opinion, the resources of the city or county are inadequate to cope with the emergency or disaster;

3. To obtain supplies, equipment and services found lacking and needed for the protection of life or public property, and to bind the city for the cost thereof, without regard to time-consuming procedures and formalities (excepting mandatory constitutional requirements), including but not limited to budget law, competitive bidding, publication of notices, performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials and expenditures of public funds;

4. To control and direct the efforts of the emergency management and services organization;

5. To requisition necessary personnel or material of any city department or agency;

6. To require the emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency or disaster by the Governor affecting the city, to command the service and equipment of as many citizens of the city as may be deemed necessary in light of the emergency or disaster proclaimed;

7. To execute all of the special powers conferred upon the mayor by any other county, state or federal statute or rule, or by any agreement or other lawful authority; and

8. To establish and maintain continuity of government, by ensuring proper provisions for succession of authority according state law are included in the emergency management and services plan.

B. For purposes of this chapter, “emergency or disaster” shall mean an event or set of circumstances which:

1. Demand immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or

2. Reach such a dimension or degree of destructiveness as to warrant the Governor declaring a state of emergency pursuant to state law. (Ord. 759 § 2, 1996).

2.48.050 Duties and powers of the director of emergency management and services.

A. It shall be the duty of the chief of police as director of emergency management and services, or his or her designee, to prepare, present to mayor and city council for approval, and to file with the state of Washington all plans, annexes, attachments, program papers, and other documents required by Chapters 118-06 through 118-30 WAC, as amended, or any other administrative rules and regulations of the state of Washington promulgated under authority of Chapter 38.52 RCW governing emergency management and services plans of subdivisions of the state; to review and update such documents within the prescribed frames; to represent the city in all interjurisdictional matters relating to emergency management and services; to conduct such emergency operations exercises as may be required by law; to conduct periodic inspections of the city’s emergency facilities and systems, including but not limited to an emergency operations center and communication system, to determine their state of readiness; and to monitor the city’s compliance with the requirements of state law.

B. In the event of an emergency or disaster, the director of emergency management and services is hereby empowered as follows:

1. To request the mayor to proclaim the existence of an emergency or disaster, and termination thereof;

2. To direct coordination and cooperation between departments and employees of the city, and to resolve questions of authority and responsibility for absence of the mayor; and

3. To execute all of the special powers conferred upon the director of emergency management and services by any other county, state or federal statute or rule, or by any agreement or other lawful authority. (Ord. 759 § 2, 1996).

2.48.070 Violations and penalties.

A. Any person who willfully obstructs, hinders, or delays any city officer or employee in the carrying out of any lawful rule, regulation or order issued under the provisions of this chapter, or does any act forbidden by any lawful rule, regulation or order issued under this chapter, or wears, carries or displays, without authority, any means of identification specified by the emergency management agency of the state of Washington shall be guilty of a misdemeanor.

B. The penalty for conviction of a violation of this chapter shall be imprisonment for a term not to exceed 90 days, or a fine not to exceed $1,000, or by both such imprisonment and fine. (Ord. 759 § 2, 1996).

2.48.080 Severability.

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, or the application to other persons or circumstances, hereof which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 759 § 2, 1996).

Chapter 2.50
PUBLIC RECORDS DISCLOSURE

Sections:

2.50.010 Purpose.

2.50.020 Definitions.

2.50.030 Requests for public records.

2.50.040 Decision on public records request – Procedure for review of decision.

2.50.050 Current index.

2.50.010 Purpose.

The purpose of this chapter is to provide for the administration of the requirements for public disclosure and availability of public records as provided in RCW 42.17.250 through 42.17.348, hereinafter the Public Records Act, and to establish guidelines and procedures to assure appropriate provisions are made for public inspection and copying of public records. It shall be the city’s policy to assure access to public records and documents concerning the city’s government while maintaining the right of individuals to privacy. (Ord. 965 § 1, 2004).

2.50.020 Definitions.

The definitions set forth in RCW 42.17.020 and 42.17.255 are hereby adopted by reference. (Ord. 965 § 1, 2004).

2.50.030 Requests for public records.

A. All written public record disclosure requests, except those records related to law enforcement, shall be submitted to the city clerk. Requests for law enforcement records shall be immediately forwarded to the chief of police or made directly at the police department.

B. Unless exempt from disclosure, public records shall be available for inspection and copying in accordance with this chapter.

C. The exemptions from public disclosure are set forth in RCW 42.17.310 and are hereby adopted by reference.

D. The Public Records Act requires the city to produce identifiable public records. The city is not required to create records that do not exist at the time the request is made or to respond to questions that are not answerable by providing an existing public record.

E. If the records are not identifiable by the person fulfilling the request, the city clerk should respond to the requestor by informing him or her that clarification of the request is necessary in order for the city to respond.

F. The city cannot require the requestor to provide information as to the purpose for the request, except to establish that the requestor is not using a list of individuals, in the possession of the city, for commercial purposes. (Ord. 965 § 1, 2004).

2.50.040 Decision on public records request – Procedure for review of decision.

A. Upon receiving a written request to inspect or copy a public record, the city clerk shall grant the request unless the city clerk or city attorney determines that the public record requested is or may be exempt from disclosure in whole or in part. Any requests for records involving the police department will be immediately forwarded to the chief of police. Within five business days of the date of receipt by the city of the written request, the city clerk shall respond by:

1. Providing the record; or

2. Acknowledging that the city has received the request and providing a reasonable estimate of the time required by the city to respond to the request; or

3. Denying the request, subject to the provisions of subsection D of this section.

B. If the requested information is readily available and does not disrupt the normal operations of the city, the request may be fulfilled at that time. Additional time to respond to a request may be based upon the need to clarify the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine the exemption from disclosure of any of the requested information. If a request is unclear, the city clerk may ask the requestor to clarify the request.

C. Fees and charges shall be as follows:

1. There shall be no charge for inspection of public records or for locating public records and making them available for copying. A fee shall be charged for copying. The per page cost for copies of public records made by city equipment shall be established by city council resolution.

2. If copies of public records are mailed or delivered, the city shall charge the actual postage or delivery charge and a fee for the container or envelope.

3. For making copies of audio and video tape recordings, the city shall charge the actual cost of a blank tape; however, the requestor may provide the blank tape. The charge for using the city equipment shall be established by resolution.

4. If the city uses a company or other municipality to make a copy of the recording, the requestor shall pay the actual cost to the city of making such recording.

5. Copies of public records may be provided at no charge to other governmental agencies doing business with the city, if the city determines that such action is in the best interests of the city.

D. If the city clerk or city attorney determines that the document is exempt in part but can be made available after deletion of exempt portions, or after deletion of portions which would invade personal privacy, the request shall be granted; provided, that such exempt portions shall first be deleted. If the city clerk or city attorney determines to deny the request, in whole or in part, the city clerk or city attorney will provide a written statement of the specific reasons for the deletion of portions of the public record or the denial of the request shall be provided to the requestor. The city attorney shall review a decision by the city clerk to deny the inspection. The review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final city action for the purposes of judicial review. The requestor shall be notified by mail of the decision to grant or deny the request.

E. The city shall not be required by this chapter to permit public inspection and copying of any public record to the extent public disclosure of the public record is prohibited, restricted or limited by any state or federal statute or regulation including, but not limited to, Chapter 10.97 RCW, the Washington State Criminal Records Privacy Act, Chapter 13.50 RCW, relating to release of records by juvenile justice or care agencies, or Chapter 46.52 RCW, relating to accident reports and abandoned vehicles.

F. Declaimer of Liability. The city shall not be liable, nor shall a cause of action exist for any loss or damage based upon the release of a public record, if the city acted in good faith in attempting to comply with the provisions of this chapter and the Public Records Act. (Ord. 965 § 1, 2004).

2.50.050 Current index.

The city council finds that maintenance of a current index of identifying information for the public records described in RCW 42.17.260(3) would unduly burden and interfere with city operations. The city has never received a request for public inspection and copying of a current index; city officials and employees have full workloads; residents of the city have expressed a desire for low-cost government, with minimum staff levels; and based upon anticipated use and cost to the city, creation and maintenance of a current index for departments of the city is not justified. (Ord. 965 § 1, 2004).

Chapter 2.52
RETIREMENT AND PENSION PLANS

Sections:

2.52.010 Statewide City Employees Retirement System – Participation – Elected.

2.52.020 Statewide City Employees Retirement System – Number of participants.

2.52.030 Statewide City Employees Retirement System – Participation –Verification.

2.52.040 Statewide City Employees Retirement System – Prior service credit.

2.52.050 Statewide City Employees Retirement System – Social Security coverage.

2.52.060 Statewide City Employees Retirement System – Basis for contribution.

2.52.070 Social Security System – Eligible employees designated.

2.52.080 Social Security System – Effective date of application.

2.52.090 Social Security System – Initiation of coverage.

2.52.100 Social Security System – Contribution fund.

2.52.110 Social Security System – Continued implementation.

2.52.120 Volunteer Firemen’s Relief and Pension Act – Participant contribution.

2.52.130 Volunteer Firemen’s Relief and Pension Act – City contribution.

2.52.010 Statewide City Employees Retirement System – Participation – Elected.

The city has elected to participate as a member of Statewide City Employees Retirement System for pension, relief, disability, and retirement for the employees of the city as provided by Chapter 41.44 RCW. All employees and officials of the city shall be included in the system; provided, that no elective official shall be included unless the official so elects and files a written notice of such election with the board of trustees of the pension system and with the city clerk. (Ord. 337 § 1, 1964).

2.52.020 Statewide City Employees Retirement System – Number of participants.

The number of employees and officials, other than elective officials who shall be included as members of the pension system is approximately five. (Ord. 337 § 2, 1964).

2.52.030 Statewide City Employees Retirement System – Participation –Verification.

A certified copy of the ordinance codified in SMC 2.52.010 through 2.52.060 shall be transmitted to the board of trustees of the statewide system as evidence of an election of the city to join such pension system. (Ord. 337 § 3, 1964).

2.52.040 Statewide City Employees Retirement System – Prior service credit.

The basis for prior service credit shall be 1.333 percent of final compensation known as “full prior service credit.” (Ord. 337 § 4, 1964).

2.52.050 Statewide City Employees Retirement System – Social Security coverage.

The basis for social security coverage will be coordination. (Ord. 337 § 5, 1964).

2.52.060 Statewide City Employees Retirement System – Basis for contribution.

The basis for contribution shall be full compensation. (Ord. 337 § 6, 1964).

2.52.070 Social Security System – Eligible employees designated.

This municipality elects to become a participant in the Social Security System. The benefits of old age and survivors’ insurance shall be extended to all eligible employees and officers of the city. (Ord. 263 § 1, 1951; Ord. 262 § 1, 1951).

2.52.080 Social Security System – Effective date of application.

This municipality shall become a participant in the Social Security System effective as of January 1, 1951. (Ord. 262 § 5, 1951).

2.52.090 Social Security System – Initiation of coverage.

The mayor and the city clerk are authorized to execute and deliver to the Washington Department of Employment Security for its approval the plan or plans required under the provisions of Section 5 of the enabling act and of the Social Security Act to extend coverage to the employees and officers of this municipality and to do all other things necessary to that end. (Ord. 262 § 2, 1951).

2.52.100 Social Security System – Contribution fund.

The proper fiscal officers are authorized to make all required payments into the contribution fund established by the enabling act and to establish such system of payroll deductions from the salaries of employees and officers as may be necessary to their coverage under the old age and survivors’ insurance system. (Ord. 262 § 3, 1951).

2.52.110 Social Security System – Continued implementation.

The proper officials of the municipality shall do all things necessary to the continued implementation of the systems. (Ord. 262 § 4, 1951).

2.52.120 Volunteer Firemen’s Relief and Pension Act – Participant contribution.

Any member of the city fire department is permitted to enroll under the provisions of the Volunteer Firemen’s Relief and Pension Act, for the purpose of enabling any such fireman, so electing, to avail himself of the retirement provisions of Chapter 41.24 RCW; provided however, that anyone so enrolling under the pension provisions shall pay $12.00 of the $22.00 yearly fee each year prior to March 1st. In event such fireman does not so contribute such portion of the fee, he shall be dropped from the rolls, all as provided by statute, with the privilege of being reinstated as is provided by statute. (Ord. 381, 1970).

2.52.130 Volunteer Firemen’s Relief and Pension Act – City contribution.

The city treasurer will pay the city’s share of the annual retirement premium on each fireman electing to participate in the pension plan provided by Chapter 41.24 RCW, and submit a list of all firemen and birth date of each to the State Board for Volunteer Firemen, together with the total annual pension premium and the additional $5.00 disability fee on each fireman reported. (Ord. 381, 1970).

Chapter 2.56
ECONOMIC DEVELOPMENT CORPORATION

Sections:

2.56.010 Purpose – General provisions.

2.56.020 Board of directors.

2.56.030 Conflict of interest.

2.56.010 Purpose – General provisions.

For the purpose of facilitating economic development and employment opportunities within the city, there is created the city of Snoqualmie Economic Development Corporation (the “corporation”) to exist under the authority of and for the purposes authorized by Chapter 300, Laws of 1981, as the same may be amended from time to time (“Chapter 300”). The corporation shall operate under Chapter 300 and under the provisions of the charter, on file with the clerk-treasurer and by this reference incorporated in this chapter, which the city council is authorized to and does issue to the corporation and by this chapter is approved. The city council reserves the right in its discretion and at any time to alter or change the structure, organizational programs or activities of the corporation, including dissolving the corporation if the contracts entered into by the corporation are not impaired. Any net earnings of the corporation beyond those necessary for the retirement of the indebtedness incurred by it shall not inure to the benefit of any person other than the city. Upon dissolution of the corporation, title to all property owned by the corporation shall vest in the city. (Ord. 515 § 1, 1982).

2.56.020 Board of directors.

There is established a board of directors composed of seven members to govern the affairs of the corporation. The board shall be subject to the Open Public Meetings Law of the state. A majority of the directors shall constitute a quorum for the transaction of business at any board meeting, but if less than such majority be present at a meeting, a majority of the directors present may adjourn the meeting from time to time without further notice. The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the board. The board shall conduct the affairs of the corporation but may delegate administrative and managerial duties to employees of the corporation. The board shall have authority to employ its own staff and independent professional consultants to carry out its duties, provide for their compensation and the compensation of members of the board, designate one or more depositories, provide for reimbursement for expenses, provide for board meetings, the principal office of the corporation. The powers and limitations of the corporation shall be as set forth in Chapter 300 and other applicable law. (Ord. 528 § 1, 1983; Ord. 515 § 2, 1982).

2.56.030 Conflict of interest.

It shall be illegal for a director, officer, agent or employee of the corporation to have directly or indirectly any financial interest in any property to be included in or any contract for property, services or materials to be furnished or used in connection with any industrial facility financed through the corporation. Violation of any provision of this section is a gross misdemeanor under state law. (Ord. 515 § 4, 1982).

Chapter 2.60
TRAFFIC VIOLATIONS BUREAU

Sections:

2.60.010 Created.

2.60.020 Determination of offenses – Bail amount – Court appearance.

2.60.030 Authorization to receive bail – Receipt issuance.

2.60.040 Transfer of bail to district court.

2.60.050 Forfeitures to be placed in general fund.

2.60.010 Created.

There is created and established a traffic violations bureau of the city to be administered within the police department of the city. (Ord. 575 § 1, 1986).

2.60.020 Determination of offenses – Bail amount – Court appearance.

The city attorney shall make application to the Issaquah District Court for a written order pursuant to RCW 3.30.090 specifying the offenses to be processed by the traffic violations bureau, the amount of bail to be posted and the circumstances or conditions which will require an appearance before the court. (Ord. 575 § 2, 1986).

2.60.030 Authorization to receive bail – Receipt issuance.

The traffic violations bureau shall be authorized to receive the posting of bail, and accept the forfeiture of bail for such violations and in such amounts as the order of court shall specify. Upon acceptance of the authorized bail, the traffic violations bureau shall issue a receipt to the alleged violator, which receipt shall bear a legend informing him of the legal consequences of bail forfeiture. (Ord. 575 § 3, 1986).

2.60.040 Transfer of bail to district court.

The traffic violations bureau shall daily transfer to the clerk of the Issaquah District Court all bail for which forfeiture is not authorized by the court order, as well as copies of all receipts. (Ord. 575 § 4, 1986).

2.60.050 Forfeitures to be placed in general fund.

All forfeitures or penalties paid to the traffic violations bureau for violations of municipal ordinances shall be placed in the city general fund, and credited to the current expense fund, or such other account as the city council may from time to time prescribe by ordinance. (Ord. 575 § 5, 1986).

Chapter 2.64
APPOINTMENT CONFIRMATION

Sections:

2.64.010 Confirmation of appointed officers required.

2.64.010 Confirmation of appointed officers required.

A. The following are hereby established as the appointed officers of the city. Appointment of such officers within the city shall be made by the mayor and require confirmation by a majority vote of city council:

1. City administrator;

2. City attorney;

3. City clerk;

4. Finance officer;

5. Administrative services director;

6. Fire chief;

7. Police chief;

8. Assistant police chief;

9. Public works director;

10. Planning director;

11. Senior planner;

12. Assistant planner;

13. Parks and recreation director;

14. Building official/code enforcement officer;

15. Systems network engineer;

16. IT systems support; and

17. Confidential assistant. (Ord. 972 § 2, 2005; Ord. 580 § 1, 1986).

Chapter 2.70
CREDIT CARDS FOR USE BY CITY PERSONNEL

Sections:

2.70.010 Authorization – Purpose.

2.70.020 Valid obligation – Credit limit – Cash advance.

2.70.030 Payment – Procedure when not chargeable to city.

2.70.040 Control of cards and accounts.

2.70.010 Authorization – Purpose.

The city administrator is authorized to obtain and have issued a credit card or cards in the name of the city for use by city personnel, employees and officials for payment of expenses incident to authorized travel, for official city acquisitions and purchases, and such other purposes as may be authorized by state law. (Ord. 752 § 1, 1995; Ord. 717 § 1, 1993; Ord. 661 § 1, 1991).

2.70.020 Valid obligation – Credit limit – Cash advance.

No obligation shall be incurred, nor shall such obligation be deemed a valid obligation of the city unless such obligation is for matter or matters otherwise properly provided for in the city budget. Further, the credit limit of each credit card shall not exceed the sum of $2,000, thus precluding the charging or using of the card beyond the debt limit. No city credit card shall be used for a cash advance. (Ord. 752 § 2, 1995; Ord. 661 § 2, 1991).

2.70.030 Payment – Procedure when not chargeable to city.

Upon billing or no later than 15 days after the billing date, the officer or employee using a charge card issued under this chapter shall submit a fully itemized travel expense voucher, or purchase request if the item is not related to a travel expense. Any charges against the charge card disallowed as not properly identified on the travel expense voucher or purchase request, or otherwise disallowed as not for the sole purpose of covering city approved expenses or purchases, shall be paid by the official or employee by check, United States currency, or by salary deduction. If any disallowed charges are not repaid before the charge card billing is due and payable, the city shall have a prior lien against and a right to withhold any and all funds payable to or to become payable to the official or employee up to the amount of the disallowed charges and interest at the same rate as charged by the company which issued the charge card. No official or employee of the city who has been issued a charge card shall use the card if any disallowed charges are outstanding, and shall surrender the card upon demand of the city administrator. (Ord. 752 § 3, 1995; Ord. 661 § 4, 1991).

2.70.040 Control of cards and accounts.

The city administrator shall have exclusive control and possession of all such charge cards as authorized by this chapter and shall control release, issuance, and availability of such cards as reasonably necessary in order to prevent abuse or improper use; all cards shall be promptly returned to the city administrator immediately upon request. The city administrator may open accounts at appropriate financial institutions for purposes of such cards, and when deemed necessary in the city administrator’s sole judgment, close out immediately such account solely by written notice signed by the city administrator. (Ord. 661 § 4, 1991).

Chapter 2.75
SMOKING PROHIBITED

Sections:

2.75.010 Definitions.

2.75.020 Smoking in city buildings prohibited.

2.75.030 Sign posting required.

2.75.040 Violation – Penalty.

2.75.010 Definitions.

For the purposes of this chapter, the following terms have the meanings indicated below:

A. “Smoke” or “smoking” means igniting, inhaling, exhaling, or carrying a pipe, cigar, or cigarette of any kind which is burning.

B. “City building” means any building, or portion thereof, owned or leased by the city and includes all areas of a building owned or leased by the city in its entirety, including but not limited to elevators, restrooms, waiting areas, hallways, lobbies, reception areas, council chambers, lunch rooms and employee offices. (Ord. 729 § 1, 1994).

2.75.020 Smoking in city buildings prohibited.

No person shall smoke in any city building. (Ord. 729 § 1, 1994).

2.75.030 Sign posting required.

The city shall post signs prohibiting smoking conspicuously at each city building entrance and in prominent locations throughout such buildings. (Ord. 729 § 1, 1994).

2.75.040 Violation – Penalty.

Any person violating the provisions of this chapter is subject to a civil fine of up to $100.00. A notice of infraction shall be issued in the same manner as traffic infractions. The provisions contained in Chapter 46.63 RCW for the disposition of traffic infractions apply to the disposition of infractions for violations of this chapter except as follows:

A. The provisions in Chapter 46.63 RCW relating to the provision of records to the Department of Licensing in accordance with RCW 46.20.270 are not applicable; and

B. The provisions in Chapter 46.63 RCW relating to the imposition of sanctions against a person’s driver’s license or vehicle license are not applicable; and

C. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 729 § 1, 1994).

Chapter 2.80
CODE OF ETHICS

Sections:

2.80.010 Purpose.

2.80.020 Definitions.

2.80.030 Prohibited conduct.

2.80.040 Disclosure of interest in legislative action.

2.80.050 Ethics hearing officer – Position created.

2.80.060 Ethics hearing officer – Powers and duties.

2.80.070 Hearings.

2.80.080 Recommendations of the ethics hearing officer.

2.80.090 Criminal violations – Prosecuting authority – Penalties.

2.80.100 Relation of chapter to Chapter 42.23 RCW.

2.80.010 Purpose.

A. The proper operation of democratic representative government requires that elected and appointed public officers and employees be independent, impartial, and responsible to the people; that government decisions and policy be made in the proper channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. Accordingly, it is the purpose of this chapter to establish ethical standards of conduct for all officers and employees of the city, whether elected or appointed, paid or unpaid; to set forth those acts that are incompatible with such standards; to require disclosure by such officers and employees of private financial or other interests in matters affecting the city; and to provide effective means for enforcement thereof. This chapter shall not be construed so as to impair the ability of city officers and employees to participate in ceremonial, representational, or informational functions in the pursuit of their official duties.

B. This chapter shall be liberally construed in favor of protecting the public’s interest in full disclosure of conflicts of interest and promoting ethical standards of conduct for city officers and employees.

C. This chapter shall be interpreted and applied in a manner consistent with the maxim that “De minimis non curat lex” and to allow inadvertent minor violations to be corrected and cured without full hearing in conformance with the spirit and purpose of this code. (Ord. 762 § 1, 1996).

2.80.020 Definitions.

For the purpose of interpreting and enforcing the code of ethics, the following definitions shall apply:

A. “Business entity” means any corporation, general or limited partnership, sole proprietorship (including a private consultant operation), joint venture, unincorporated association or firm, institution, trust, foundation, or other organization, whether or not organized for profit.

B. “City agency” means every department, office, ethics hearing officer, commission, or committee of the city, or any subdivision thereof, but excludes public corporations and ad hoc advisory committees.

C. “City officer or employee” means any person holding a position by election, appointment, or employment in the service of the city or city agency, whether paid or unpaid, including members of any ethics hearing officer, committee or commission.

D. “Compensation” means anything of economic value, however designated, which is paid, loaned, advanced, granted, given or transferred for or in consideration of personal services to any person.

E. “Beneficial interest” means any direct or indirect, pecuniary or material benefit, other than a remote interest, accruing to a city officer or employee as a result of a contract, transaction, zoning decision or other matter which is or may be the subject of an official act or act by or with the city, except for such contracts, transactions, zoning decisions or other matters which by their terms and by the substance or their provisions confer the opportunity and right to realize the accrual of similar benefits to all other persons and/or property similarly situated. For purposes of this chapter, a city officer or employee shall be deemed to have an interest in the affairs of:

1. The officer or employee’s spouse or dependent children;

2. Any person or business entity with whom a contractual relationship, whether oral or written, exists with the city officer or employee;

3. Any business entity in which the city officer or employee is an officer, director, member or employee;

4. Any business entity in which the public officer or employee controls or owns, directly or indirectly, in excess of one percent of the total stock, or an interest totaling $5,000 or more in value; and

5. Any person or business entity with whom a contractual relationship, whether oral or written, exists with the city officer or employee; provided, however, that a contractual obligation of less than $500.00, or a commercially reasonable lien made in the ordinary course of business, or a contract for a commercial retail sale, shall not be deemed to create an interest in violation of this code.

F. “Gift” means anything of economic value in excess of $20.00, regardless of the form, without adequate and lawful considerations; provided, it does not include the solicitation, acceptance, or receipt of political campaign contributions regulated in accordance with provisions of federal, state, or local laws governing campaign finances.

G. “Immediate family” means any person who is:

1. A spouse or domestic partner;

2. Any dependent parent, parent-in-law, child or son-in-law or daughter-in-law; or

3. Any parent, parent-in-law, child, son-in-law, daughter-in-law, sibling, uncle, aunt, cousin, niece or nephew residing in the household of the city officer or employee.

H. “Official act or action” means any legislative, administrative, appointive or discretionary act of any city officer or employee of the city or any ethics hearing officer, committee or commission thereof.

I. “Person” means any individual, association, corporation, or other legal entity.

J. “Remote interest” means:

1. That of a nonsalaried officer of a nonprofit corporation;

2. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary;

3. That of a landlord or tenant of a contracting party;

4. That of a holder of less than one percent of the shares of a corporation or cooperative which is a contracting party. (Ord. 929 § 1, 2003; Ord. 762 § 1, 1996).

2.80.030 Prohibited conduct.

A. Disqualification from Acting on City Business. No city officer or employee, while holding such office or employment, shall:

1. Engage in any transaction or activity, which is, or would to a reasonable person appear to be, in conflict with or incompatible with the proper discharge of official duties, or which impairs, or would to a reasonable person appear to impair, the officer’s or employee’s independence of judgment or action in the performance of official duties and fail to disqualify himself or herself from official action in those instances where the conflict occurs.

2. Have a financial or other private interest, other than a remote interest as defined in this chapter, direct or indirect, personally or through a member of his or her immediate family, or business entity, in any matter upon which the officer or employee is required to act in the discharge of his or her official duties, and fail to disqualify himself or herself from acting or participating.

3. Fail to disqualify himself or herself from acting on any transaction which involves the city and any person who is, or at any time within the preceding 12-month period has been, a private client of his or hers, or of his or her firm or partnership.

4. Have a financial or other private interest, other than a remote interest as defined in this chapter, direct or indirect, personally or through a member of his or her immediate family, or business entity, in any contract or transaction to which the city or any city agency may be a party, and fail to disclose such interest to the appropriate city authority prior to the formation of the contract or the time the city or city agency enters into the transaction.

B. Improper Use of Official Position. No city officer or employee, while holding such office or employment, shall:

1. Use his or her official position for a purpose that is, or would to a reasonable person appear to be, primarily for the private benefit of the officer or employee, rather than primarily for the benefit of the city; or to achieve a private gain or an exemption from duty or responsibility for the officer or employee or any other person.

2. Use or permit the use of any person, funds, or property under his or her official control, direction, or custody, or of any city funds or city property, for a purpose which is, or to a reasonable person would appear to be, for other than a city purpose; provided, that nothing shall prevent the private use of city property which is available on equal terms to the public generally (such as the use of library books or tennis courts) the use of city property in accordance with municipal policy for the conduct of official city business (such as the use of a city automobile), if in fact the property is used appropriately; or the use of city property for participation of city or its officials in activities of associations of governments or governmental officials.

3. Except in the course of official duties, assist any person in any city transaction where such city officer’s or employee’s assistance is, or to a reasonable person would appear to be, enhanced by that officer’s or employee’s position with the city; provided, that this subsection shall not apply to any officer or employee appearing on his or her own behalf or representing himself or herself as to any matter in which he or she has a proprietary interest, if not otherwise prohibited by this chapter or any other applicable ordinance, regulation or statute.

4. Regardless of prior disclosure thereof, have a financial interest, direct or indirect, personally or through a member of his or her immediate family, in a business entity doing or seeking to do business with the city, and influence or attempt to influence the selection of, or the conduct of business with, such business entity by the city.

C. Acceptance of Gifts or Loans. No city officer or employee, while holding such office or employment, and for a period of one year after leaving city employment, shall solicit or receive any retainer, gift, loan, entertainment, favor or proprietary reward, or other thing of monetary value from any person or entity where the retainer, gift, loan, entertainment, favor, or other thing of monetary value had been solicited, or received or given or, to a reasonable person, would appear to have been solicited, received or given, with intent to give or obtain special consideration of influence as to any action by such officer in his or her official capacity; provided, that nothing shall prohibit contributions for election campaigns which are solicited or received and reported in accordance with applicable law.

D. Disclosure of Confidential or Privileged Information. No city officer or employee, while holding such office or employment, or at any time after leaving office or employment, shall disclose or use any confidential or privileged information gained by reason of his or her official position for a purpose which is for other than a city purpose; provided, that nothing shall prohibit the disclosure or use of information which is a matter of public knowledge, or which is available to the public on request.

E. Financial or Beneficial Interest in City Transactions. No city officer or employee, while holding such office or employment, shall:

1. Regardless of prior disclosure thereof, hold or acquire a beneficial interest, direct or indirect, personally or through a member of his or her immediate family, in any contract which, in whole or in part, is, or which may be, made by, through, or under the supervision of such officer or employee or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity, or reward in connection with such contract from any other person or entity beneficially interested therein, in violation of Chapter 42.23 RCW.

2. Regardless of prior disclosure thereof, be beneficially interested, directly or indirectly, other than a remote interest, in any contract or transaction which may be made by, through or under the supervision of such officer, in whole or in part, or which may be made for the benefit of his office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract or transaction from any other person beneficially interested therein, in violation of Chapter 42.23 RCW. This subsection shall not apply to the furnishing of water, other utility services, or other services of the city at the same rates and on the same terms as are available to the public generally, or to any other transaction specifically exempted by Chapter 42.23 RCW.

F. Quasi-Judicial Proceedings, Reporting of Violations, False Statements. No city-appointed officer or employee, while holding such office or employment, shall:

1. Participate in or influence any pending quasi-judicial proceeding if the city official or employee has a financial or personal interest in the matter.

2. Intimidate, harass, discipline or otherwise take any improper action against a member of the public, a city officer or employee solely because he or she in good faith has reported a violation of this code of ethics, or any other written city code or policy.

3. Induce or direct any city officer or employee to make any false statement or representation of any public record or document in willful disregard of the truth of such statement or representation.

G. Prohibited Conduct After Leaving City Office or Employment.

1. No former officer or employee shall, for a period of one year after leaving city office or employment:

a. Assist any person in proceedings involving the agency of the city with which he was previously employed, or on a matter in which he or she was officially involved, participated or acted in the course of duty.

b. Represent any person as an advocate in any matter in which the former officer or employee was officially involved while a city officer or employee.

c. Participate as a competitor in any competitive selection process for a city contract in which he or she assisted the city in determining the project or work to be done or the process to be used.

2. A city officer, who contracts with a former city officer or employee for expert or consultant services within one year of the latter’s leaving city office or employment, shall promptly inform the city administrator about the agreement.

3. The prohibition of subsection (G)(1) of this section shall not apply to former employees acting on behalf of a governmental agency unless such assistance or representation is adverse to the interest of the city. (Ord. 929 § 2, 2003; Ord. 762 § 1, 1996).

2.80.040 Disclosure of interest in legislative action.

A. Any member of council who has a financial interest or personal interest in any proposed legislation before the council shall disclose on the record the nature and extent of such interest. If the member of council would be especially benefited by such legislation, the member of council shall not participate in the discussion or vote upon such matter.

B. Any other city officer or employee who has a financial or personal interest in any proposed legislative action of the council and who participates in the discussion with or gives an official opinion or recommendation to the council shall disclose on the record the nature and extent of such interest. (Ord. 762 § 1, 1996).

2.80.050 Ethics hearing officer – Position created.

There is hereby created the office of ethics hearing officer, who shall be appointed by the mayor and confirmed by the city council. The ethics hearing officer shall be an attorney not holding any other elective or appointive office with the city. The ethics hearing officer may be removed from office with or without cause by the mayor with the concurrence of the city council. The compensation of the ethics hearing officer, and other terms and conditions of the engagement, shall be set forth in a written contract. (Ord. 762 § 1, 1996).

2.80.060 Ethics hearing officer – Powers and duties.

The ethics hearing officer shall have the following powers and duties:

A. The ethics hearing officer shall be a quasi-judicial fact finder.

B. The ethics hearing officer shall perform the following duties:

1. Upon request of a city officer or employee, the ethics hearing officer shall render advisory opinions, in writing, to any officer or employee having doubt as to the applicability of any provision of this chapter to a particular situation, or as to the definition of terms used herein. Officers and employees may rely upon such written opinions, which shall be binding upon the city until amended or revoked, unless material facts were misstated or omitted in the request for the advisory opinion. Advisory opinions shall be filed with the city clerk and shall be public records, except to the extent necessary to preserve protected privacy interests under RCW 42.17.310; and further provided, the opinion shall be stated in general issue and opinion format, without disclosure of the identity of the person requesting it.

2. Upon receiving a written complaint regarding a violation of this chapter, accompanied by proof that said written complaint has been served upon the party who is alleged to be in violation, the ethics hearing officer shall investigate said complaint and, upon making a determination that the complaint is legally sufficient and that it is supported by probable cause, conduct a hearing and issue findings and recommendation as provided below.

3. Determinations of legal sufficiency and probable cause shall be made within 30 days after receipt of any complaint. Any complaint which the hearing officer determines is not legally sufficient or not to be supported by probably cause shall be dismissed.

4. Proceedings before the ethics hearing officer shall be recorded, and proper minutes of all meetings and actions shall be kept. (Ord. 929 § 3, 2003; Ord. 762 § 1, 1996).

2.80.070 Hearings.

The ethics hearing officer shall make no findings and recommendation without first conducting a hearing, which shall be held within 30 days after the determination of legal sufficiency and probable cause; provided, any matter which the ethics hearing officer determines would be deemed minor or inadvertent even if the allegations were proven may be summarily dismissed without further proceedings, with the findings of legal sufficiency and probable cause noted in the minutes of the proceedings, if the officer or employee stipulates in writing to appropriate corrective measures to ensure such conduct will not continue or reoccur. All hearings shall be closed to the public unless the officer or employee whose conduct is the subject of the hearing requests that it be a public hearing. All testimony before the ethics hearing officer shall be sworn on oath or affirmation, subject to the laws of perjury of the state of Washington. Any party or witness in a proceeding before the ethics hearing officer shall have the right to be represented by counsel. Within 20 days after the conclusion of a hearing, the ethics hearing officer shall render written findings of fact and recommendations. Copies of the same shall be delivered to the party who was the subject of the hearing, complainant, the mayor, and the city council. (Ord. 762 § 1, 1996).

2.80.080 Recommendations of the ethics hearing officer.

A. If the ethics hearing officer determines that a city employee has violated the provisions of this code, the ethics hearing officer may recommend to the mayor that the employee be subject to disciplinary action. In addition to any other penalty otherwise provided by law, a violation shall be cause for suspension, discharge or removal from office, or such other disciplinary action as may, by the appropriate city authority, be deemed necessary and proper, and consistent with the city personnel manual, and/or state law. A written report of the disciplinary action taken as a result of the ethics hearing officer’s recommendation shall be made by the appropriate city authority to the ethics hearing officer within 14 days after receipt of the ethics hearing officer’s recommendation.

B. This section shall not derogate from employee rights under any collective bargaining agreement or city personnel manual or rules promulgated thereunder.

C. If the ethics hearing officer determines the mayor or a council member has violated a provision of the code of ethics, then he shall issue a “Letter of Censure.”

D. If the ethics hearing officer determines any person has willfully and knowingly violated the provisions of this chapter, he may refer the matter to the prosecuting authority for action under SMC 2.80.090. (Ord. 762 § 1, 1996).

2.80.090 Criminal violations – Prosecuting authority – Penalties.

A. Any officer or employee who knowingly and willfully violates the provisions of this chapter shall be guilty of a misdemeanor.

B. The prosecuting authority for violations of this chapter shall be appointed by the mayor and confirmed by the city council. The prosecuting attorney shall not be the city attorney or city prosecuting attorney. If the ethics hearing officer recommends criminal prosecution of any elected officer, and prosecuting authority has not previously been appointed and confirmed, then the prosecuting authority shall be appointed by the King County prosecuting attorney. The prosecuting authority shall not have authority to prosecute any matters except those referred by the ethics hearing officer pursuant to SMC 2.80.080(D).

C. Any person convicted of a violation of this chapter shall be punished by imprisonment for not more than 90 days, or a fine of not more than $1,000, or by both such imprisonment and fine. (Ord. 762 § 1, 1996).

2.80.100 Relation of chapter to Chapter 42.23 RCW.

The conduct of all city officers and employees shall meet the requirements of both this chapter and Chapter 42.23 RCW. When a higher standard of conduct is established by this chapter than by Chapter 42.23 RCW, the standards of this chapter shall control; provided, this chapter shall not be construed to permit any act or omission that is prohibited by Chapter 42.23 RCW. (Ord. 929 § 4, 2003).

Chapter 2.85
SNOQUALMIE MUNICIPAL COURT

Sections:

2.85.010 Creation.

2.85.020 Jurisdiction.

2.85.030 Disposition of revenue.

2.85.040 Municipal judge.

2.85.050 Municipal court commissioner.

2.85.060 Court operation.

2.85.070 Sessions.

2.85.080 Municipal court seal.

2.85.090 Jury trial and fee.

2.85.100 Sentencing.

2.85.110 Criminal process.

2.85.120 Pleadings, practice and procedure.

2.85.130 References to state statutes.

2.85.010 Creation.

The municipal court of the city of Snoqualmie (“municipal court”) is hereby created, which shall have jurisdiction and exercise all powers vested in the municipal court by Chapter 3.50 RCW, as it now exists or may hereafter be amended, together with such other powers and jurisdiction as are generally conferred on such courts in Washington, either by common law or statute. The municipal court shall commence operation on January 1, 2007. (Ord. 999 § 1, 2006).

2.85.020 Jurisdiction.

The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city of Snoqualmie ordinances and exclusive original criminal jurisdiction of all violations of city of Snoqualmie ordinances. The municipal court shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared by city of Snoqualmie ordinance or state statute. The municipal court is also empowered to forfeit cash bail or bail bonds and issue execution thereon, and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such city ordinances, to issue process including without limitation subpoenas and search warrants, and to pronounce judgment in accordance therewith. Finally, the municipal court shall have all jurisdiction conferred on it by statute. Notwithstanding the foregoing, the district court for King County, Issaquah Division, shall continue to have jurisdiction over any matter filed with the district court by the city of Snoqualmie before January 1, 2007, so long as the matter has not been transferred by court order to the Snoqualmie municipal court. (Ord. 999 § 1, 2006).

2.85.030 Disposition of revenue.

Costs in civil and criminal actions may be imposed as provided in district court pursuant to RCW 3.62.060 and 10.01.160 or other applicable law. All fees, costs, fines, forfeitures and other money imposed by the municipal court for the violation of any city ordinances shall be collected by the court clerk and shall be deposited with the city finance officer in conformance with procedures adopted by the mayor or state law, or shall be remitted to the city of Snoqualmie pursuant to such interlocal agreement as may be in effect according to its terms. These funds shall be retained or disbursed pursuant to city ordinances, policies, rules and state law, such as RCW 3.50.100. (Ord. 999 § 1, 2006).

2.85.040 Municipal judge.

A. Appointment. Consistent with RCW 3.50.040, within 30 days after the effective date of the ordinance codified in this chapter, the mayor shall appoint a municipal judge who shall work less than a full-time equivalent as defined in RCW 3.50.055. Pursuant to RCW 35A.13.080, this appointment is subject to confirmation by the city council. If an interlocal agreement is in effect, such appointment shall be in accordance with the terms of the interlocal agreement.

B. Term. Consistent with RCW 3.50.040, the municipal judge shall serve a term of four years, with the initial appointment of the judge under this chapter expiring December 31, 2010. On or before December 1, 2005, the mayor shall make an appointment of a judge for a term commencing January 1, 2007 and expiring December 31, 2010; provided, that the judicial position continues as a less than full-time equivalent position as defined in RCW 3.50.055. Appointments, if appropriate, for each term thereafter shall be made on or before December 1st of the next preceding year in which the judicial term commences. In the event that the judicial position becomes a full-time equivalent position as defined in RCW 3.50.055, an election shall be conducted the year preceding the expiration of the appointed term.

C. Judicial Qualifications. The person appointed as judge shall be qualified for the position of municipal judge under all applicable state statutes, including without limitation, RCW 3.50.040 and 3.50.057.

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

E. Vacancy. Any vacancy in the municipal court due to death, disability, or resignation of a judge shall be filled by the mayor for the remainder of the unexpired term. The appointment shall be confirmed by the city council.

F. Removal.

1. Removal for Misconduct/Malfeasance. Pursuant to RCW 3.50.095, a judge may be removed from office during the term of his or her appointment upon “conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office.”

2. Removal by Judicial Conduct Commission. A municipal court judge may also be removed from office by the Washington State Judicial Conduct Commission and/or the Washington State Supreme Court, as described in Chapter 2.64 RCW or other applicable law. No separate action by the city council is required to effect such removal.

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

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

The oath shall be filed in the office of the King County department of records and elections and with the Snoqualmie city clerk.

H. Compensation. Pursuant to RCW 3.50.080, the judge’s compensation shall be set by the city council by ordinance, or in accordance with any interlocal agreement in effect. Other terms of employment shall be set by a professional services agreement which will be entered into between the city and the appointed judge, or in accordance with any interlocal agreement in effect. (Ord. 999 § 1, 2006).

2.85.050 Municipal court commissioner.

Pursuant to RCW 3.50.075, municipal court commissioner(s) may be appointed by the judge so long as the compensation for such commissioner is within the municipal court budget adopted by the city council, or in accordance with any interlocal agreement in effect. The commissioner shall serve at the pleasure of the judge. (Ord. 999 § 1, 2006).

2.85.060 Court operation.

Unless otherwise provided by any interlocal agreement in effect, as part of each annual budget presentation, the mayor or his or her designee following consultation with the judge will prepare a proposed municipal court budget and will make a recommendation on such budget to the city council. The annual budget for the municipal court is subject to city council approval. All employees of the municipal court shall be deemed employees of the city and they shall be appointed by and serve at the pleasure of the judge. (Ord. 999 § 1, 2006).

2.85.070 Sessions.

The municipal court shall be open and shall hold such regular and special sessions as may be prescribed by the judge; provided, that the municipal court shall not be open on nonjudicial days, as established by state law. This section shall not prevent the judge from granting telephonic approval or entry of search warrants, issuing no-contact orders, or determinations of probable cause, regardless of whether or not the municipal court is officially open. (Ord. 999 § 1, 2006).

2.85.080 Municipal court seal.

The municipal court shall have a seal which shall be the vignette of George Washington, with the words “Seal of the Municipal Court of Snoqualmie, State of Washington” surrounding the vignette. (Ord. 999 § 1, 2006).

2.85.090 Jury trial and fee.

Jury trials shall be allowed as specifically provided for in RCW 3.50.135, or in accordance with state law. A party requesting a jury trial shall pay to the municipal court a fee which shall be the same amount as for a jury trial in district court. If more than one party requests a jury, the fee shall be apportioned. Jurors shall be reimbursed for their costs and mileage pursuant to RCW 3.50.135 for each day in attendance at the municipal court in the amounts set by the city council. These fees may be included in the costs that are imposed by the court upon a defendant. (Ord. 999 § 1, 2006).

2.85.100 Sentencing.

The judge shall have the broadest authority and greatest discretion consistent with the Snoqualmie Municipal Code and applicable state law with respect to sentencing and probation. In matters of execution of sentence, deferral of sentence, continuing jurisdiction after sentencing and termination of probation, the judge shall be guided by applicable state law, such as RCW 3.50.300 through 3.50.340 and 3.50.440. (Ord. 999 § 1, 2006).

2.85.110 Criminal process.

All criminal process issued by the municipal court shall be consistent with RCW 3.50.425, shall be in the name of the state of Washington and run throughout the state, and be directed to and served by the chief of police or other police officer of any city or to any sheriff in the state. (Ord. 999 § 1, 2006).

2.85.120 Pleadings, practice and procedure.

Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall be governed by RCW 3.50.450 and all other statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts, including without limitation the Washington Rules for Courts of Limited Jurisdiction and Local Rules of the District Court for King County. (Ord. 999 § 1, 2006).

2.85.130 References to state statutes.

All references in this chapter to state statutes, including without limitation Chapter 3.50 RCW, shall be deemed to incorporate by reference such state statutes, as now existing or hereafter adopted or amended. (Ord. 999 § 1, 2006).