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Title 2
ADMINISTRATION AND PERSONNELChapters:
2.02 City Office Hours
2.04 City Council Meetings
2.05 Council Salaries
2.06 Inspection of Public Records
2.08 Finance Director
2.09 City Engineer
2.10 Office of City Administrator
2.11 City Clerk
2.12 Volunteer Fire Department
2.16 Violations Bureau
2.17 Department of Community Development
2.18 Library Board
2.20 Design Review Board and Process
2.21 Student Representative
2.22 Park Advisory Board
2.23 Sultan Arts Council
2.24 Officials’ Bonds
2.25 Citizens Advisory Board
2.26 Hearing Examiner
2.28 City Elections
2.30 Personnel Policies
2.31 Drug-Free Workplace
2.32 Social Security
2.36 Deferred Compensation Plan
2.40 Washington State Employees’ Retirement System
2.44 Reimbursement for Travel Expenses
2.48 Cemetery Regulations
2.52 Civil Service
2.54 Legal Representation
Chapter 2.02
CITY OFFICE HOURSSections:
2.02.010 City Hall office hours.
2.02.010 City Hall office hours.
The city offices shall be open for the transaction of business Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. exclusive of observed holidays. (Ord. 736-00 § 1)
Chapter 2.04
CITY COUNCIL MEETINGSSections:
2.04.010 Time and place.
2.04.020 Exceptions.
2.04.030 Number of offices.
2.04.010 Time and place.
A. After passage, approval and publication of the ordinance codified in this chapter, the regular meeting of the city council of the city of Sultan shall be held in the Sultan Council Chambers on the second and fourth Thursdays of each month beginning at the hour of 7:00 p.m.
B. The first such regular meeting to be held in accordance with the terms of this chapter shall be held on the second Thursday in the month of March, 2006; provided, that though regular meetings shall be held only as required by the provisions of this chapter, such regular meetings may be adjourned to a time and place certain if the regular business before the city council makes such adjourned meetings necessary. (Ord. 906-06; Ord. 836-04; Ord. 748-00; Ord. 742-00; Ord. 683-98)
2.04.020 Exceptions.
Whenever the regular meeting date of the Sultan city council falls on a legal holiday, the regular meeting of said city council will be held at the same hour and place on the next succeeding day. (Ord. 906-06; Ord. 836-04; Ord. 748-00; Ord. 742-00; Ord. 683-98)
2.04.030 Number of offices.
Pursuant to RCW 35A.12.101, the number of councilmanic offices in the city is hereby increased from five to seven, effective January 10, 2000. (Ord. 735-00 § 1)
Chapter 2.05
COUNCIL SALARIESSections:
2.05.010 Effective date.
2.05.020 Salaries set.
2.05.030 Meetings defined.
2.05.040 Deductions for nonattendance.
2.05.010 Effective date.
The salaries of the elected city officials shall be as set forth in SMC 2.05.020, commencing January 1, 2000, and shall remain in effect until such time as the city council shall otherwise provide by ordinance. (Ord. 711-99)
2.05.020 Salaries set.
The mayor and city council members shall receive salaries as follows:
Mayor
$500.00 per month
Councilmembers
$40.00 per council meeting/ maximum two per month $35.00 per other meetings/ maximum two per month
(Ord. 711-99)
2.05.030 Meetings defined.
Meetings shall include regularly scheduled council meetings, special council meetings, public hearings, council workshops, committee meetings and other city related task force or associations that the councilmember has been appointed to or requested to attend. (Ord. 711-99)
2.05.040 Deductions for nonattendance.
No compensation shall be paid to the mayor or councilmember who has an extended excused absence or disability that prevents attendance at all meetings during a calendar month. Pro-tem appointments during the mayor’s or councilmember’s absence shall receive the regular monthly salary for that position. (Ord. 711-99)
Chapter 2.06
INSPECTION OF PUBLIC RECORDSSections:
2.06.010 Purpose of provisions.
2.06.020 Definitions.
2.06.030 Public records available.
2.06.040 Exemptions to copying – Determination – Notice of denial.
2.06.050 Records exempt from public inspection designated.
2.06.060 Copying – Fees.
2.06.010 Purpose of provisions.
The city of Sultan is a local agency under the terms of Chapter 42.17 RCW. It shall hereafter in this code be referred to as “city.” It promulgates these rules to ensure compliance with the provisions of RCW 42.17.250 through 42.17.340 and other applicable law relating to public records in the custody and/or maintained by the city. (Ord. 451, 1984)
2.06.020 Definitions.
As used in this chapter, unless the context otherwise indicates:
A. “List of individuals for commercial purposes” means a collection of the names of individuals assembled or organized in such a manner that this can be used or made to be used for the primary purpose as a commercial mailing, phone solicitation, or other commercial contact list for some profit motive. A primary purpose test will be applied when determining whether information which contains names of individuals together with other information is a list of individuals for commercial purposes.
B. “Public record” means and includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by a state or local agency, regardless of physical form or characteristics.
C. “Writing” means handwriting, typewriting, printing, photostating, photographing and every other means of recording any form of communication or representation, including letters, words, pictures, sounds or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents. (Ord. 451, 1984)
2.06.030 Public records available.
A. All public records of the city, as defined in SMC 2.06.020(B), are to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.17.260, 42.17.310, 42.17.330 and other applicable laws.
B. All persons desiring to inspect or receive a copy of any public record of the city must make their request to the city clerk/treasurer, or designee, on forms specified by the city clerk/treasurer, between 9:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. (Ord. 451, 1984)
2.06.040 Exemptions to copying – Determination – Notice of denial.
Action on request for inspection and copying of public records will be promptly made by the city clerk/treasurer or designee. The city clerk/treasurer or designee shall promptly determine if a public record requested in compliance with these procedures is exempt from public view and copying under the provisions of RCW 42.17.260, 42.17.310 and 42.17.330, and other applicable law. A decision as to whether such records are exempt from inspection and copying may be deferred for a reasonable time, but written notice of such deferral will be given no later than within two business days of the request. All denials of requests for public records made in compliance with these procedures will be accompanied by a written statement specifying the reasons for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld. (Ord. 451, 1984)
2.06.050 Records exempt from public inspection designated.
Exemption from public inspection and copying are as follows:
A. Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, welfare recipients, prisoners, probationers or parolees;
B. Personal information in files maintained for employees, appointees or elected officials of any public agency to the extent that disclosure would violate their right to privacy;
C. Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would violate the taxpayer’s right to privacy or would result in unfair competitive disadvantage to the taxpayer;
D. Specific intelligence information and specific investigative records compiled by investigative, law enforcement and penology agencies and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person’s right to privacy;
E. Information revealing the identity of persons who file complaints with investigative, law enforcement or penology agencies, other than the public disclosure commission, if disclosure would endanger any person’s life, physical safety, or property; provided, that if at the time the complaint is filed the complainant indicates a desire for disclosure or nondisclosure, such desire shall govern; provided, further, that all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath;
F. Test questions, scoring keys and other examination data used to administer a license, employment or academic examination;
G. Except as provided by RCW Chapter 8.26, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property had been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal;
H. Valuable formulae, designs, drawings and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss;
I. Preliminary drafts, notes, recommendations and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that specific record shall not be exempt when publicly cited by an agency in connection with any agency action;
J. Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts;
K. Records, maps or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites;
L. Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user;
M. Financial information supplied by or on behalf of a person, firm or corporation for the purpose of qualifying to submit a bid or proposal for: (1) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750; or (2) highway construction or improvement as required by RCW 47.28.070;
N. Matter which would be an unreasonable invasion of personal privacy;
O. List of individuals for commercial purposes;
P. Information not deletable which would violate personal privacy or vital government interests;
Q. Confidential income data. (Ord. 451, 1984)
2.06.060 Copying – Fees.
A. No fee shall be charged for the inspection of public records.
B. Departments, boards and commissions may impose a reasonable charge for providing copies of public records and for the use by any person of equipment to copy public records. Said charges shall not exceed the actual amount necessary for the reimbursement of the actual costs incident to such copying unless some other charge is specifically authorized by statute.
C. The city council by resolution shall set the amounts of such charges, and such shall be made part of these rules made available to the public. (Ord. 451, 1984)
Chapter 2.08
FINANCE DIRECTORSections:
2.08.010 Position established.
2.08.020 Appointment.
2.08.030 Powers and duties.
2.08.040 Deputy finance director and clerks.
2.08.050 Oath of office.
2.08.055 Blanket bond coverage.
2.08.060 Salary.
2.08.010 Position established.
There is established the position of finance director in and for the city of Sultan. The position is established in lieu of, but with the same powers and responsibilities as, the position of city treasurer as defined by law. (Ord. 900-06 § 2)
2.08.020 Appointment.
The mayor shall have the power of appointment and removal of the finance director. Such appointment and removal shall be subject to confirmation by a majority vote of the city council. (Ord. 900-06 § 2)
2.08.030 Powers and duties.
The powers, duties and responsibilities of the finance director shall be subject to the direction, authority and supervision of the city administrator, and shall include, without limitation, the following:
A. Receive and safely keep all monies which come into the city treasury, and follow all laws of the state of Washington regarding the accountability therefor;
B. Keep such books, accounts and make such reports as required by the Office of the State Auditor;
C. Exercise the duties and authority of the city treasurer as provided by Chapter 35A.42 RCW;
D. Exercise the duties and authority of auditing officer as provided by RCW 42.24.080 as applicable to the city;
E. In the absence of the city clerk to perform all the duties of the city clerk as provided by law. (Ord. 900-06 § 2)
2.08.040 Deputy finance director and clerks.
A deputy finance director or clerk, and a utility clerk, may be appointed by the city administrator. In the absence of the finance director, the deputy finance director or the deputy clerk shall have all of the powers and duties of the finance director. (Ord. 900-06 § 2)
2.08.050 Oath of office.
The finance director, before entering upon the discharge of her/his duties, shall take and subscribe to an oath of office. (Ord. 900-06 § 2)
2.08.055 Blanket bond coverage.
If available, the city shall subscribe to and maintain blanket bond coverage by and through its insurance authority. Such coverage shall be bound for the finance director before she/he enters upon the discharge of her/his official duties and shall be in an amount of not less than $10,000.
Should blanket bond coverage not be available, the finance director, before entering upon the discharge of her/his duties, shall enter into an individual faithful performance bond in the amount of not less than $10,000 with a surety approved by the mayor. The premium on such individual faithful performance bond shall be paid by the city. (Ord. 900-06 § 2)
2.08.060 Salary.
The finance director shall receive a salary in such amount as the city council may from time to time establish by ordinance for a permanent hire, and such amount as the mayor may negotiate and the city council approve by resolution for an interim appointment. (Ord. 900-06 § 2)
Chapter 2.09
CITY ENGINEERSections:
2.09.010 Position created.
2.09.020 Scope of authority.
2.09.030 Duties.
2.09.040 Salary.
2.09.050 Residency.
2.09.060 Council member ineligible.
2.09.010 Position created.
There is hereby created the appointive position of city engineer, which position shall be filled by appointment by the mayor, subject to confirmation by a majority of the city council; said city engineer to serve at the pleasure of the mayor. (Ord. 816-03 § 1)
2.09.020 Scope of authority.
The city engineer shall perform or supervise the performance of the city engineer’s duties as designated by this code and as assigned by contract. The city engineer shall act under the direction and authority of the director of community development who shall in turn report and act under the authority of the city administrator. (Ord. 902-06 § 1; Ord. 816-03 § 1)
2.09.030 Duties.
The city engineer shall have the following specific duties, powers, and responsibilities. Under the direction and authority of the city administrator, the city engineer shall:
A. Review and comment on developer submittals;
B. Assist other city staff with technical and engineering issues;
C. Meet with staff and developers on an as-needed basis;
D. Assist other city staff with grant applications;
E. Assist the director of community development with technical issues related to development, planning, transportation and general city engineering topics;
F. Review engineering submittals of developer’s engineers or city consultants as requested;
G. Perform other engineering tasks as designated by city code or as otherwise assigned. (Ord. 902-06 § 2; Ord. 816-03 § 1)
2.09.040 Salary.
The city engineer shall receive such compensation as may be fixed by contract approved by the city council or as established by the city council at the time salaries are set by ordinance, as provided by law. (Ord. 816-03 § 1)
2.09.050 Residency.
The city engineer need not be a city resident. (Ord. 816-03 § 1)
2.09.060 Council member ineligible.
No person elected to membership on the city council shall, subsequent to such election, be eligible for the appointment to city engineer until one year has elapsed following the expiration of the last term for which he/she was elected. (Ord. 816-03 § 1)
Chapter 2.10
OFFICE OF CITY ADMINISTRATORSections:
2.10.010 Office creation.
2.10.020 Scope of authority.
2.10.030 Duties.
2.10.040 Repealed.
2.10.050 Salary.
2.10.060 Residency.
2.10.070 Oath.
2.10.080 Council member ineligible.
2.10.090 Vacancy in mayor’s position.
2.10.010 Office creation.
There is hereby created the office of city administrator, which office shall be filled by appointment by the mayor, subject to confirmation my a majority of the city council; said administrator to serve at the pleasure of the mayor. (Ord. 643, 1996)
2.10.020 Scope of authority.
The city administrator shall be administrator, executive, and liaison officer for the city, under the direction and authority of the mayor. (Ord. 903-06 § 1; Ord. 812-03 § 1; Ord. 811-03 § 1; Ord. 643, 1996)
2.10.030 Duties.
The city administrator, under the direction and authority of the mayor, shall have the following specific duties, powers, and responsibilities:
A. Supervise, administer, and coordinate the activities and functions of the various city officers, departments, commissions, and boards in carrying out the requirements of the city ordinances and the policies of the city council and to administer and supervise the carrying out of the decisions and policies of the various city departments, commissions, and boards; provided, however, that with respect to the police department, the city administrator shall oversee the department budget and act as liaison between the chief of police and the mayor;
B. Regularly report to the mayor concerning the status of all assignments, duties, projects, and functions of the various city officers, departments, commissions, and boards;
C. Assist in the preparation and subsequent submission to the city council of the annual budget and be responsible for its administration in accordance with law after its adoption;
D. Serve as personnel officer for the city under the supervision of the mayor;
E. Supervise all purchasing by the various city offices, departments, commissions, and boards;
F. Supervise all expenditures by the various city officers, departments, commissions, and boards for the purpose of keeping the same within the limitations of the annual budget for the city so much as possible, and attending to the amendment of the budget as necessary;
G. Attend all meetings of the city council and such other meetings as may be requested by the mayor;
H. Recommend for adoption by the city council and approval by the mayor such measures as deemed necessary or expedient in the running of the business of the city;
I. In conjunction with the finance director, auditor and the city attorney to keep the mayor and city council fully advised of the financial condition of the city and its future needs, and to assist in the preparation and submission to the mayor and city council of any reports necessary for the expedient running of the business of the city;
J. Investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to the service maintained by public utilities in the city, and to see that all franchises, permits, and privileges granted by the city are faithfully observed;
K. Assist the police chief, building official, director of community development and all departments of the city in administering all ordinances subject to licensing, taxing, and inspections of buildings and developments within the city;
L. Make, compile, and file with the city clerk a complete inventory of the property, real and personal, owned or leased by the city and file amended inventories thereof at least semi-annually as to stock supplies and equipment and annually as to other properties. (Ord. 903-06 § 2; Ord. 812-03 § 2; Ord. 811-03 § 2; Ord. 685-98; Ord. 643, 1996)
2.10.040 Combination of position.
Repealed by Ord. 811-03. (Ord. 663-97; Ord. 643, 1996)
2.10.050 Salary.
The city administrator shall receive such compensation as may be fixed by the city council at the time salaries are set by ordinance, as provided by law. (Ord. 643, 1996)
2.10.060 Residency.
The city administrator need not be a city resident. (Ord. 643, 1996)
2.10.070 Oath.
Before entering upon the duties of his office, the city administrator shall take the official oath for the support of the government and the faithful performance of his duty and shall execute and file with the city clerk a bond in favor of the city in such sum as may be fixed by motion of the city council. (Ord. 643, 1996)
2.10.080 Council member ineligible.
No person elected to membership on the city council shall, subsequent to such election, be eligible for the appointment of city administrator until one year has elapsed following the expiration of the last term for which he was elected. (Ord. 643, 1996)
2.10.090 Vacancy in mayor’s position.
In the event of a vacancy in the position of mayor, there being a hiatus in the law as to the responsibility and authority of the city administrator to carry out his duties and to whom he shall become responsible, the city of Sultan does hereby declare that in such event as the mayor’s office be vacant or unfilled, the city administrator shall report directly to the city council until such time as a mayor pro tem shall be appointed. The mayor pro tem shall not have the authority to discharge the city administrator without the majority consent of the council, said consent to be required of the council until such time as a new mayor takes office by election thereto. (Ord. 643, 1996)
Chapter 2.11
CITY CLERKSections:
2.11.010 Position established.
2.11.020 Appointment.
2.11.030 Powers and duties.
2.11.040 Oath of office.
2.11.050 Blanket bond coverage.
2.11.060 Salary.
2.11.010 Position established.
There is established the office of city clerk in and for the city of Sultan. (Ord. 901-06 § 1)
2.11.020 Appointment.
The mayor shall have the power of appointment and removal of the city clerk. Such appointment and removal shall be subject to confirmation by a majority vote of the city council. (Ord. 901-06 § 1)
2.11.030 Powers and duties.
The powers, duties and responsibilities of the city clerk shall be subject to the direction, authority and supervision of the city administrator, and shall include, without limitation, the following:
A. Keep a full and true record of every act and proceeding of the city council and keep such books, accounts and make such reports as may be required by the Office of the State Auditor;
B. Record all ordinances passed by the city council, annexing thereto her/his certificate giving the number and title of the ordinance, stating the ordinance was published and posted according to law and that the record is a true and correct copy thereof;
C. Act as custodian of the seal of the city of Sultan, and exercise the authority to acknowledge the execution of all instruments by the city requiring such acknowledgement;
D. Perform all duties as specified in Chapter 35A.42 RCW for a city clerk, and all duties as imposed by law as an election officer for the city;
E. Assist the city administrator in such other and further duties as may be assigned from time to time;
F. Serve as the public records officer of the city of Sultan and perform all such duties as imposed by law on the public records officer. (Ord. 901-06 § 1)
2.11.040 Oath of office.
The city clerk, before entering upon the discharge of her/his duties, shall take and subscribe an oath of office. (Ord. 901-06 § 1)
2.11.050 Blanket bond coverage.
If available, the city shall subscribe to and maintain blanket bond coverage by and through its insurance authority. Such coverage shall be bound for the city clerk before she/he enters upon the discharge of her/his duties and shall be in the amount of not less than $10,000.
Should blanket bond coverage not be available, the city clerk, before entering upon the discharge of her/his duties, shall enter into an individual faithful performance bond in the amount of not less than $10,000 with a surety approved by the mayor. The premium on such individual performance bond shall be paid by the city. (Ord. 901-06 § 1)
2.11.060 Salary.
The city clerk shall receive a salary in such amount as the city council may from time to time establish by ordinance for a permanent hire, and such amount as the mayor may negotiate and the council approve by resolution for an interim appointment. (Ord. 901-06 § 1)
Chapter 2.12
VOLUNTEER FIRE DEPARTMENTSections:
2.12.010 Establishment – Membership.
2.12.020 Adoption of volunteer firemen’s relief and compensation fund.
2.12.030 Board of trustees of fund – Constitution.
2.12.040 Board of trustees of fund – Meetings and conduct of business.
2.12.050 Member enrollment for purposes of retirement benefits – Annual fee.
2.12.010 Establishment – Membership.
There is created a department to be known as the Sultan volunteer fire department, whose membership number shall be determined by resolution by the Sultan city council. (Ord. 444, § 1, 1983; Ord. 170 § 1, 1940)
2.12.020 Adoption of volunteer firemen’s relief and compensation fund.
The city council elects to adopt the benefits of, and be bound by, the provisions of Chapter 121, Laws of 1935, which chapter establishes the volunteer firemen’s relief and compensation fund. (Ord. 170 § 2, 1940)
2.12.030 Board of trustees of fund – Constitution.
The board of trustees of the volunteer firemen’s relief and compensation fund shall be constituted as provided in Sections 2 and 3 of the act mentioned in SMC 2.12.020. (Ord. 170 § 3, 1940)
2.12.040 Board of trustees of fund – Meetings and conduct of business.
The board of trustees mentioned in SMC 2.12.030 shall meet on the first Monday after the effective date of the ordinance codified in SMC 2.12.010 through this section, or as soon thereafter as possible, and adopt rules and regulations for the conduct of its business, not inconsistent with the laws of the state of Washington. (Ord. 170 § 4, 1940)
2.12.050 Member enrollment for purposes of retirement benefits – Annual fee.
Any member of the Sultan volunteer 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 said act; provided, however, that anyone so enrolling under said pension provisions shall pay the fee required by said act prior to March 1st of each year, and in the event that said fireman does not contribute said annual fee, he shall be dropped from the rolls, as provided by statute, with the privilege of being reinstated; provided said reinstatement is approved by the city council. (Ord. 245 § 1, 1960)
Chapter 2.16
VIOLATIONS BUREAUSections:
2.16.010 Establishment.
2.16.020 District court order for processing of criminal offenses – Posting and acceptance of bail.
2.16.030 Bail – Receipt issuance – Notice of trial date – Contents.
2.16.040 Bail – Transfer to clerk of district court.
2.16.050 Forfeitures placed in current expense fund.
2.16.060 Violations bureau clerk.
2.16.010 Establishment.
There is created and established a violations bureau of the city of Sultan to assist in processing traffic cases and other violations of city ordinances. (Ord. 308 § 1, 1970)
2.16.020 District court order for processing of criminal offenses – Posting and acceptance of bail.
A. By written order of the justice of the peace (judge) of the Evergreen district justice court, the violations bureau shall process all criminal offenses under the city of Sultan ordinances, and shall receive the posting of bail and accept the forfeiture of bail.
B. The violations bureau shall receive bail in such amounts and shall accept forfeiture of bail under such circumstances or conditions as are specified by the written order of the justice of the peace (judge). (Ord. 308 § 2, 1970)
2.16.030 Bail – Receipt issuance – Notice of trial date – Contents.
A. Upon acceptance of the authorized bail, the violations bureau shall issue a receipt to the alleged violator.
B. In cases where bail is posted for appearance in court or where the violations bureau is authorized to accept forfeiture of bail, but the alleged violator requests a trial date in lieu of forfeiture, the violations bureau shall also issue to the alleged violator a notice of trial date.
C. The receipt and/or notice of trial date shall bear a legend informing the violator of the legal consequences of bail forfeiture. (Ord. 308 § 3, 1980)
2.16.040 Bail – Transfer to clerk of district court.
The violations bureau shall transfer daily to the clerk of the justice court all bail posted for offenses where forfeiture is not authorized, or where forfeiture is authorized but the alleged violator requests a trial date in lieu of forfeiture, as well as copies of all receipts. (Ord. 308 § 4, 1970)
2.16.050 Forfeitures placed in current expense fund.
All forfeitures paid to the violations bureau for violations of ordinances of the city of Sultan shall be placed in the current expense fund of the city of Sultan. (Ord. 308 § 5, 1970)
2.16.060 Violations bureau clerk.
A. There is created the position of violations bureau clerk, which shall be filled by appointment of the mayor.
B. The city council shall set the salary of said clerk from time to time, and shall determine the amount of bond to be required therefor, if any. (Ord. 308 § 6, 1970)
Chapter 2.17
DEPARTMENT OF COMMUNITY DEVELOPMENTSections:
2.17.010 Department created.
2.17.020 Designation of department of community development as planning agency.
2.17.030 Position established.
2.17.040 Appointment.
2.17.050 Powers and duties of director.
2.17.060 Salary.
2.17.070 Senior planner and staff.
2.17.080 Planning board.
2.17.090 Appointments to planning board.
2.17.100 Terms of appointments to the planning board.
2.17.110 Vacancy.
2.17.120 Removal from membership on the planning board.
2.17.130 Meetings of the planning board.
2.17.140 Quorum for meeting of the planning board.
2.17.150 Rules and regulations.
2.17.160 Powers and duties.
2.17.010 Department created.
There is created a separate administrative department in and for the city of Sultan entitled the department of community development, to consolidate all planning, environmental and permitting functions into a single department under the supervision of a director of community development. (Ord. 904-06 § 1)
2.17.020 Designation of department of community development as planning agency.
The department of community development is hereby designated as the planning agency for the city of Sultan to perform all duties, directly or indirectly, by contract or agreement, required of a planning agency as imposed by law. Where provisions in the Revised Code of Washington or the city’s municipal code reference a “planning agency” and/or “planning commission,” from and after the effective date of the ordinance codified in this section, such references shall refer to the department of community development. (Ord. 924-06 § 1; Ord. 904-06 § 1)
2.17.030 Position established.
There is established the position of director of the department of community development in and for the city of Sultan. (Ord. 904-06 § 1)
2.17.040 Appointment.
The mayor shall have the power of appointment and removal of the director of the department of community development. Such appointment and removal shall be subject to confirmation by a majority vote of the city council. (Ord. 904-06 § 1)
2.17.050 Powers and duties of director.
The powers, duties and responsibilities of the director of the department of community development, except where the director may act in a quasi-judicial manner, shall be subject to the direction, authority and supervision of the city administrator, and shall include, without limitation, the following:
A. Perform, or cause to be performed for the city, all duties as imposed under the Sultan Municipal Code on the city planner or/and zoning official;
B. Issue administrative determinations under the city’s unified development code;
C. Serve as the city’s designated official under the State Environmental Policy Act (SEPA);
D. Perform directly or by designee all duties imposed on officials of the city of Sultan under SMC Titles 15, 16, 17, 21 and 22;
E. Appoint and supervise the performance of a senior planner, and such permit technicians as authorized by the city’s annual budget;
F. Except where he/she acts in a quasi-judicial capacity, supervise the performance of the city’s building official and the city’s code enforcement officer;
G. Participate in and prepare an annual budget for the department of community development; and
H. Cause to be performed the duties of the department of community development as established by this chapter. (Ord. 904-06 § 1)
2.17.060 Salary.
The director of the department of community development shall receive a salary in such amount as the city council may from time to time establish by ordinance for a permanent hire, and such amount as the mayor may negotiate and the council approve by resolution for an interim appointment. (Ord. 904-06 § 1)
2.17.070 Senior planner and staff.
A senior planner and staff as authorized by the city’s budget may be appointed by the director of the department of community development. (Ord. 904-06 § 1)
2.17.080 Planning board.
There is hereby established a planning board consisting of five members. (Ord. 924-06 § 2)
2.17.090 Appointments to planning board.
All members of the planning board shall be appointed by the mayor and confirmed by the city council. Appointments shall be made in a nondiscriminatory manner, without regard to age, race, sex or political affiliation. (Ord. 924-06 § 3)
2.17.100 Terms of appointments to the planning board.
Two of the initial appointments to the planning board shall be for a one-year appointment. Three of the initial appointments to the planning board shall be for a two-year appointment. All subsequent appointments to the planning board shall be for a term of two years, unless the appointment is to fill the balance of an existing term, in which event the term shall be the balance of the term. Members may be reappointed an unlimited number of terms. (Ord. 924-06 § 4)
2.17.110 Vacancy.
A member’s position on the planning board shall be deemed vacant if a member resigns, or if a member misses four regular meetings of the planning board within a 12-month period. Absences may only be excused for substantial reasons, such as serious illness of the member, or immediate family, or death in the member’s immediate family. (Ord. 924-06 § 5)
2.17.120 Removal from membership on the planning board.
A member of the planning board may be removed by the mayor for inefficiency, neglect of duty or malfeasance in office. If the mayor believes the required cause for removal exists, the mayor shall issue a notice of suspected cause and allow the member a public hearing before the mayor to demonstrate that cause for removal does not exist. Based upon the evidence presented in the public hearing, the mayor shall determine whether the member shall be removed. The mayor shall report any such removal to the city council. There shall be no right of appeal to the council. (Ord. 924-06 § 6)
2.17.130 Meetings of the planning board.
The planning board shall meet a minimum of once a month, and conduct such other meetings as required to complete the duties assigned to the planning board. The initial meeting of the planning board shall occur within 20 days of the effective date of the ordinance codified in this chapter. Notice of said meeting shall be issued by the director in accordance with the requirements of law. As a first item of business, the planning board shall designate the date and time for its regular monthly meeting. (Ord. 924-06 § 7)
2.17.140 Quorum for meeting of the planning board.
The presence of a minimum of three members shall constitute a quorum. Except to adjourn, no action may be taken in the absence of a quorum. Final action of the planning board in the form of a recommendation shall require the affirmative vote of a majority of the members present when a quorum has been established. (Ord. 924-06 § 8)
2.17.150 Rules and regulations.
The planning board may adopt rules and regulations for the conduct of its affairs. In the absence of any such rules and regulations, the planning board shall follow the most analogous rules used either by the city council for its meetings or by the city’s hearing examiner. (Ord. 924-06 § 9)
2.17.160 Powers and duties.
A. In consultation with the director of community development, the planning board shall review and monitor the city’s comprehensive plan and development regulations, both as defined in the Growth Management Act of the state of Washington, to establish a list of tasks to be undertaken to keep the city’s comprehensive plan and development regulations up-to-date and in compliance with the Growth Management Act;
B. The planning board shall review the city’s public participation notices and processes to establish a legally compliant public participation process for the city. The planning board shall report its recommendations on said notices and processes to the director of community development within 60 days of the effective date of the ordinance codified in this chapter. The director shall forward that report and his/her commentary, if any, to the city council within 20 days of receipt;
C. In consultation with the director of community development, the planning board shall implement a public participation process and conduct such public meetings and hearings as required to fulfill the city’s public participation obligations under Chapter 36.70A RCW;
D. In conjunction with the director (of community development), the planning board shall develop Sultan’s comprehensive plan and/or updates and amendments thereto, and revise development regulations that implement its comprehensive plan and make recommendation concerning the same to the director of community development and to the city council;
E. In conjunction with the director of community development, the planning board shall annually make a recommendation for training and assistance to the board and a budget request to the city council. (Ord. 924-06 § 10)
Chapter 2.18
LIBRARY BOARDSections:
2.18.010 Purpose and function.
2.18.020 Membership and compensation.
2.18.030 Selection of officers.
2.18.040 Quorum and meetings.
2.18.010 Purpose and function.
There is hereby created a library board whose duties shall be to advise the city council as to the general supervision of the library facilities of the city. (Ord. 692-98; Ord. 676-97)
2.18.020 Membership and compensation.
A. The library board shall be composed of six members who shall be appointed by the mayor and confirmed by the city council to serve a term of five years; provided, however, only one trustee position term shall expire in any one calendar year. No trustee shall serve more than two consecutive terms. A Sultan High School student representative shall be appointed for a one-year term commencing July 1st and ending June 30th.
B. Members of the board shall be bona fide residents of Snohomish County and shall also be residents of the Sultan library service area.
C. No board member shall receive any compensation from the city for his/her service on the board. (Ord. 850-04 § 1; Ord. 692-98; Ord. 676-97)
2.18.030 Selection of officers.
The members of the board shall elect a chair and a secretary from its membership who shall serve for a period of one year. The secretary shall keep minutes and records of all regular meetings. (Ord. 692-98; Ord. 676-97)
2.18.040 Quorum and meetings.
The library board shall hold regular meetings at such time and places it deems advisable, but not less than one every three calendar months. The presence of three members of the board shall be necessary to constitute a quorum for transacting business. (Ord. 692-98; Ord. 676-97)
Chapter 2.20
DESIGN REVIEW BOARD AND PROCESS*Sections:
2.20.010 Design review board members and qualifications.
2.20.020 Terms and compensation.
2.20.030 Rules, regulations and records.
2.20.040 Removal.
2.20.050 Purpose.
2.20.060 Applicability.
2.20.070 Approval required.
2.20.080 Optional preapplication.
2.20.090 Review process.
2.20.100 Appeals.
2.20.110 Lapse of approval.
*Prior legislation: Ord. 686-98.
2.20.010 Design review board members and qualifications.