Title 2
ADMINISTRATION AND PERSONNEL

Chapters:

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 HOURS

Sections:

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 MEETINGS

Sections:

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 SALARIES

Sections:

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 RECORDS

Sections:

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 DIRECTOR

Sections:

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 ENGINEER

Sections:

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 ADMINISTRATOR

Sections:

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 CLERK

Sections:

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 DEPARTMENT

Sections:

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 BUREAU

Sections:

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 DEVELOPMENT

Sections:

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 BOARD

Sections:

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.

There is created a design review board for the city that shall have the powers, duties, and functions as provided in this chapter. The design review board shall consist of a minimum of three and a maximum of five members. All members shall be appointed by the mayor with confirmation of the city council. In making appointments to the board, the appointing authority shall appoint persons who are knowledgeable in matters of design and aesthetic judgment by virtue of training, education, and/or experience, who possess qualities of impartiality and broad judgment, and an ability to review two-dimensional plans. One board member shall be a downtown business owner as a Chamber of Commerce representative on the board. Desired qualifications for board members, excluding the downtown business representative, include an expertise in the fields of architecture, art, history, landscape architecture, engineering and graphic, interior, and industrial design. The membership of the board should include at least one architect. (Ord. 895-05 § 1; Ord. 727-00)

2.20.020 Terms and compensation.

The initial appointment of members to the board shall be for the following respective terms: one for two years, one for three years, and remaining member(s) for four years. Thereafter, all appointments shall be for a term of four years. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term.

Members shall serve without compensation. (Ord. 727-00)

2.20.030 Rules, regulations and records.

The board shall adopt rules and regulations for the conduct of its business, subject to the approval of the city council. A majority of the membership shall constitute a quorum for the purpose of transacting business. Action by the board shall be by majority vote, provided no action may be taken without affirmative vote of at least two members. A tie vote on a motion to approve shall constitute failure of the motion.

The design review board shall elect a chairperson and such other officers, as it may deem necessary. Such officers shall occupy their respective offices for a period of one year.

The city planner, or his/her duly authorized representative, shall staff the board, and shall be responsible for all records. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings and such minutes and a copy of its rules shall be kept on file in the office of the city clerk and open to inspection by the public. The city shall provide the board with necessary administrative support and expense budget as needed to perform the function described by this chapter. Board-related authorized expenses are reimbursable.

No member of the design review board (DRB) shall participate in discussion or vote on any matter involving any client he or she is serving or any business for which he or she is owner, corporate officer, or employee. Each member shall be responsible to disclose personal and/or financial relationships that may be perceived to influence decisions on any issue before the board. Where necessary, an alternate member may be selected to fill in for a regular board member that needs to excuse himself or herself. (Ord. 727-00)

2.20.040 Removal.

After a public hearing (or waiver thereof), any member of the design review board may be removed by the mayor with the approval of the city council for neglect of duty or malfeasance in office. Prior to any such action, however, written notice shall be given to the member involved at least 10 working days in advance of the anticipated hearing date. The notice shall state that removal is being contemplated, indicate the grounds for which such action is based, and advise the member that a public hearing has been set before the city council. No member shall be removed until such hearing (or waiver thereof by member) has been held. (Ord. 727-00)

2.20.050 Purpose.

In addition to the general purposes of the comprehensive plan and the unified development code, this chapter is included for the following purposes:

A. To assure that developments within the residential districts, commercial districts, the downtown core and projects within the economic development and highway-oriented zones are consistent with the city of Sultan urban design standards (UDS).

B. To make suggestions on design alternatives which meet the needs of the property or business owner which are consistent with and meet the intent of the city’s UDS.

C. To make recommendations to the planning commission and city council on policies and ordinances that may affect the city’s design and visual character.

D. To make recommendations of approval with conditions or disapproval for proposed designs of development projects within the residential districts, commercial district, downtown core and commercial projects within the economic development and highway oriented zones.

E. To make recommendations to the hearing examiner, city staff, city council and other approving body on other design matters, as may be referred to the design review board by the city council, pertaining to the appearance of the city. (Ord. 727-00)

2.20.060 Applicability.

The design review board shall review all development and signs in the urban center (UC) zone, all development excluding signs in the highway-oriented development (HOD) and economic development (ED) zoning districts and multifamily developments and neighborhood commercial developments in residential zones. For the purposes of this chapter, “development” means any improvement to real property open to exterior view, including but not limited to buildings, structures, fixtures, landscaping, site screening, signs, parking lots, lighting, pedestrian facilities, street furniture, use of open areas (including parks, junk yards, riding academies, kennels, and recreational facilities), mobile homes and trailer parks, whether all or any are publicly or privately sponsored. Development does not include underground utilities. (Ord. 895-05 § 2; Ord. 806-03 § 2)

2.20.070 Approval required.

A. Development. No person shall start any development, or substantially change any development, until the design review board (DRB) or the hearing examiner has approved the proposed development or change, except where this code expressly delegates such approval to the staff. Unless staff demonstrates that the project creates a significant change in the design characteristics of the development, the following development projects are exempt for design review board and council review and subject to approval of staff using the criteria of this chapter:

1. Remodels of buildings that do not result in a changing of the building footprint and that involve materials, forms, and repetition of elements consistent with the existing building design.

2. Re-striping and other minor changes to parking lots that do not result in changes to landscaping, a reconfiguration of the lot or the creation of five or more new parking spaces.

3. Fences that do not require a separate development permit.

B. Permits. No city permit or approval shall be issued for any development until the design review board or the council has approved the proposed development, except where this code expressly delegates such approval to the staff. (Ord. 727-00)

2.20.080 Optional preapplication.

The applicant may submit the plans required in Chapter 16.120 SMC in preliminary or sketch form, so that comments and advice of the design review board may be incorporated into the final plans submitted for application. This shall be done through the regular preapplication process or if it is a minor permit (such as a sign permit) it shall be submitted to the permit technician who will route it for a preliminary review to the design review board. (Ord. 727-00)

2.20.090 Review process.

A. Review. The city staff shall review the application as provided in Chapter 16.120 SMC and the planning department or permit assistant shall schedule the item for a meeting of the design review board. The role of the design review board shall be dependent on the nature of the application and the approval process required. The design review board shall review a proposed application at a public meeting and make a recommendation to the hearing examiner, city staff or other applicable approving body to approve, or deny, the proposal. The design review board shall meet twice each month as necessary to a time established by the design review board. The meetings shall be held in city council chambers or other place as announced. The decisions shall be final.

1. For applications, such as sign permits, the design review board shall serve as the sole decision-making authority.

2. For applications requiring a public hearing and council approval, the design review board shall make a recommendation to the hearing examiner to approve, conditionally approve or deny the proposal for projects subject to project consolidation.

3. Notwithstanding the requirements of this section to the contrary, the action of the design review board under this section and the hearing examiner on a development in which the city serves as the applicant shall be a recommendation to the city council.

B. Findings.

1. Comprehensive Plan. That the proposal is consistent with the comprehensive plan and other adopted city policies.

2. Sultan Municipal Code (SMC). That the staff has found that the proposal meets the requirements of the SMC, or the city has approved a variance or a modification under the SMC.

3. Criteria. That the proposal as approved or conditionally approved satisfies the criteria and purposes of intent for the city of Sultan’s urban design standards.

Findings will be drafted and sent to the applicant within five working days following the design review board meeting. (Ord. 727-00)

2.20.100 Appeals.

A. All design review decisions of the design review board are appealable to the city council as provided in Chapter 16.120 SMC.

B. Persons entitled to appeal are:

1. The applicant;

2. Anyone who has submitted a written document to the city of Sultan concerning the application prior to or at the hearing; or

3. Anyone testifying on the application at the design review board meeting or hearing. (Ord. 727-00)

2.20.110 Lapse of approval.

A. Time Limit. Unless the owner submits a fully completed building permit application necessary to bring about the approved alterations, or if no building permit application is required, substantially commences the uses allowed within 18 months from the date of approval, design review board or council approval shall expire and be null and void. For the purposes of this section, the date of approval shall be the date on which the design review board or hearing examiner’s minutes or other method of conveying the final written decision of the design review board or council as adopted are mailed to the applicant. In the event of appeal, the date of approval shall be the date on which a final decision is entered by the city council or court of competent jurisdiction. (Ord. 727-00)

Chapter 2.21
STUDENT REPRESENTATIVE

Sections:

2.21.010 Position created.

2.21.020 Duties – Responsibilities.

2.21.010 Position created.

A. There is hereby designated and created the position of student representative to the city council of the city of Sultan. The student representative shall be a student at Sultan High School and serve as a liaison between the city and the high school on matters related to youth in the community.

B. Students wishing to serve shall make application through the high school principal. Appointment shall be by the mayor subject to the approval of the city council.

C. Alternatively, at the direction of the mayor, with concurrence by the city council, the student representative shall be an officer of the associated student body at Sultan High School or a class representative at Sultan High School. Such representatives shall serve on a rotating basis as approved by the principal of the high school. (Ord. 863-04 § 1)

2.21.020 Duties – Responsibilities.

A. The agenda for council meetings shall provide a regular opportunity under the heading of staff reports for comments from the student representative concerning activities and events at the high school.

B. The student representative will receive a copy of the agenda for each regular and special council meetings, except meetings solely devoted to an executive session. The student representative will receive a copy of all notices of public hearings deemed by the city administrator to be directly related to interests or activities of youth and students in the community. Should these disclose issues that directly impact and involve students or youth in the community, the student representative will be encouraged to participate at the meeting or hearing to the same extent and same fashion as members of the public.

C. The student representative shall not be seated at council table and shall not be allowed to cast an advisory vote on issues before the council.

D. The student representative shall be a participant in meetings of the city/school committee when invited. (Ord. 863-04 § 1)

Chapter 2.22
PARK ADVISORY BOARD

Sections:

2.22.010 Established.

2.22.020 Membership – Terms.

2.22.030 Organization – Meetings – Rules.

2.22.040 Responsibilities.

2.22.010 Established.

There is established the Sultan advisory park board for the purpose of providing recommendations to the city council for the development and improvement of lands and roads for parks, trails, picnic grounds, playgrounds, recreational centers, beaches and other recreational facilities and programs for the use and benefit of the public. (Ord. 508, 1988)

2.22.020 Membership – Terms.

A. The board shall be composed of five members. The members shall not be required to be residents of the city and shall serve without compensation.

B. Terms of Office of the Advisory Board. The first appointment for the board shall for terms of one, two, three, four and five years, respectively, and thereafter a member shall be appointed annually to serve for five years. The member shall be appointed by the mayor with the consent of the city council. Vacancies on the board shall be filled in the same manner and shall be for the unexpired portion of the term. (Ord. 508, 1988)

2.22.030 Organization – Meetings – Rules.

A. The board, in accordance with its rules, shall appoint one of its members to be the chairperson. The board shall appoint a secretary who need not be a member of the board.

B. Meetings. The board shall hold regular monthly meetings; provided, however, a meeting may be canceled if the board has no business to transact.

C. Rules. The board shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings and determinations. (Ord. 508, 1988)

2.22.040 Responsibilities.

The specific responsibilities of the board are more particularly described as follows:

A. To formulate an orderly program for the acquisition of land, waterways, buildings, facilities and equipment and for the development, operation and maintenance of an adequate system of public parks, playgrounds and recreational facilities of the city, both within and without its boundaries, in cooperation with other departments, or bodies, public or private;

B. To consult with and make recommendations to the parks and recreation committee and the city council and other city departments with regard to the development and amendment from time to time of the city’s parks and recreation comprehensive plan and capital improvement program;

C. To consult with and make recommendations to the parks and recreation committee regarding policies for the planning, development, maintenance and use of all of the city’s park and recreation areas and facilities, as well as the implementation of policies concerning the city’s recreation program;

D. To formulate a recreational program for residents of the Sultan area, such program to include plans for utilization of all available parks, playgrounds and recreational facilities. The board shall be continuously cognizant of the conduct of the recreational program so as to be in a position to suggest, from time to time, such program changes as shall be consistent with available facilities and money appropriated to, or received by, the city and other bodies for recreational purposes;

E. To interpret community park and recreation needs to the parks and recreation committee and explain the city’s park and recreation services to the city council and to the community;

F. To review, modify and/or recommend to the department of parks and recreation committee a tentative program and budget as required and make recommendations concerning the activities of the parks and recreational programs;

G. To hold public meetings from time to time in various parts of the city for the purpose of reviewing park and recreation programs and objectives with citizen groups and the community at large. A major objective of the board shall be to develop public interest in the activities of the park and recreation department and to solicit, to the fullest extent, participation of community groups, the general public and public and private agencies;

H. To encourage individuals and community groups to give funds and property or manpower for the improvements and development of park and recreation programs and facilities. (Ord. 508, 1988)

Chapter 2.23
SULTAN ARTS COUNCIL

Sections:

2.23.010 Designation of Sultan arts council.

2.23.020 Definitions.

2.23.030 Duties and responsibilities.

2.23.040 Establishment of account.

2.23.050 Source of funds.

2.23.060 Balance between arts, education and entertainment.

2.23.070 Authority to publish information.

2.23.010 Designation of Sultan arts council.

The Sultan arts council is designated by the city of Sultan as the official body of the city empowered to act on all matters pertaining to the development and enrichment of the arts within the city consistent with the provisions of this chapter. (Ord. 625 § 1, 1995)

2.23.020 Definitions.

The following definitions shall apply:

A. “Designated agency” means the Sultan arts council.

B. “Arts” shall include the production or arrangement of sounds, colors, forms, movements or other elements in a manner that enhances the sense of beauty and has aesthetic value. (Ord. 625 § 1, 1995)

2.23.030 Duties and responsibilities.

As the city’s designated agency, the Sultan arts council shall:

A. Serve as the primary voice for the arts within the city and as the principal advisory board to the mayor and the city council, fostering a high level of quality, creativity and diversity in the arts and advocating for inclusion of aesthetic considerations in local decision making that may have cultural implications.

B. Provide a public forum for discussion of issues and ideas affecting the arts in the city, serve as a point of contact for information about the arts in the city, and arrange for or provide individuals engaged in the arts.

C. Initiate, sponsor or conduct, alone or in cooperation with other public or private agencies, public programs to further the development and public awareness of interest in the arts.

D. Serve as the designated agency for carrying out duties associated with the public art work programs within the city of Sultan.

E. Encourage grants and donations to the Sultan arts council account, and make recommendations to the city council regarding expenditures from the account.

F. Submit a quarterly financial statement to the city council detailing the use of funds received from the Sultan arts council account.

G. Maintain complete records of all transactions and give the city council through any authorized representatives, access to and the right to examine all records, books, papers or documents regarding all operations funded by funds from the Sultan arts council account.

H. Submit to the city annually, in a form acceptable to the city, a written report on the status of the activities, programs and projects funded through the use of the Sultan arts council account.

I. Establish safeguards to prohibit its employees, board members, advisors and agents from using their position for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others. Immediately upon discovery of any conflict of interest or potential conflict of interest as described above, the designated agency shall disclose the conflict or potential conflict to the city council.

J. Adopt such rules and regulations as are necessary for the conduct of its business as the city’s designated agency. The rules and regulations shall be made available for review by the city council. The designated agency shall keep minutes of its proceedings relating to its duties as the city’s designated agency which shall be a public record.

K. Nothing in this chapter shall:

1. Prevent, restrict or limit the designated agency from engaging in any legal activity, decision or expenditure that does not involve funds from the Sultan arts council account; or

2. Require any reporting or accountability to the city or its agencies, for any legal activity, decision or expenditure of the designated agency that does not involve funds for the Sultan arts council account, unless otherwise required by state statute or municipal ordinance.

L. The city and its agencies shall not possess or exercise any oversight or control over any legal activities, decision or expenditures of the designated agency other than those activities involving the Sultan arts council account, the activities, decisions or expenditures of the designated agency acting in its capacity as designated agency of the city, or as provided for in state law or municipal ordinance. (Ord. 625 § 1, 1995)

2.23.040 Establishment of account.

All public and private funds authorized, appropriated, or received by the city for the arts shall be maintained in a separate account within the city’s financial system designated as the Sultan arts council account. The city council shall approve all expenditures from the Sultan arts council account upon the advice and recommendation of the designated agency. (Ord. 625 § 1, 1995)

2.23.050 Source of funds.

A. An amount not less than $2,000 shall be placed in the Sultan arts council account in the fiscal year 1995. Thereafter, the Sultan arts council shall receive regular funding from each year’s annual appropriated budget.

B. The designated agency is authorized to solicit and receive on behalf of the city public and private funds to promote local activities, programs and projects in the arts. Funds from the Sultan arts council account may be utilized as the city’s local share to acquire matching or grant funds for the arts. (Ord. 625 § 1, 1995)

2.23.060 Balance between arts, education and entertainment.

The designated agency shall allocate funds received from the Sultan arts council account to activities, programs and projects in a manner which ensures a reasonable balance between the arts, education and entertainment. (Ord. 625 § 1, 1995)

2.23.070 Authority to publish information.

The city shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, materials or other information prepared with or in connection with funds from the Sultan arts council account. (Ord. 625 § 1, 1995)

Chapter 2.24
OFFICIALS’ BONDS

Sections:

2.24.010 Clerk/treasurer.

2.24.020 Magistrate.

2.24.030 Reservation of right by city council to require additional bond.

2.24.010 Clerk/treasurer.

The amount of bond required by law to be given by the city clerk/treasurer of said city shall be set by resolution of the city council. (Ord. 444 § 2, 1983: amended during 1982 codification; Ord. 2 § 2, 1905)

2.24.020 Magistrate.

The amount of the bond required by law to be given by the magistrate of the court shall be set by resolution by the city council. (Ord. 444 § 2, 1983; Ord. 2 § 4, 1905)

2.24.030 Reservation of right by city council to require additional bond.

The city council of said city in adopting this chapter and fixing the bonds of the various officers mentioned in this chapter, reserves itself the right at any time to require any or all of the officers to file additional bond in such amount or amounts as said council may by resolution determine. (Ord. 2 § 5, 1905)

Chapter 2.25
CITIZENS ADVISORY BOARD

Sections:

2.25.020 Membership – Appointment – Terms.

2.25.030 Membership – Vacancy.

2.25.020 Membership – Appointment – Terms.

A. The board shall consist of seven members to be appointed by the mayor subject to confirmation by the city council.

B. The board shall consist of the following members: one member who is associated with the school district; one member who is an owner or manager of a business within the city; two citizens at large; one police officer; one councilmember; and one student who is an ASB officer.

C. Initial appointments shall be made for terms of from one to four years so that the terms of not more than two members shall expire in any one year. All subsequent appointments shall be for a term of four years.

D. The term for the “student member” shall be a one year term consistent with the school year so that the position will remain filled by a current ASB officer. (Ord. 645-96; Ord. 576, 1992)

2.25.030 Membership – Vacancy.

Vacancies on the board shall be filled in the same manner as original appointments and shall be made for the remainder of the term of the member being replaced. Members who fail to attend three unexcused regular meetings may be considered to have vacated their positions and may be replaced, as provided in this chapter. (Ord. 645-96; Ord. 576, 1992)

Chapter 2.26
HEARING EXAMINER

Sections:

2.26.010 Purpose.

2.26.020 Creation of hearing examiner position.

2.26.030 Appointment.

2.26.040 Qualifications.

2.26.050 Removal.

2.26.060 Freedom from improper influence.

2.26.070 Conflict of interest.

2.26.080 Rules.

2.26.090 Duties of the examiner – Applications.

2.26.100 Reports of city departments.

2.26.110 Public hearing.

2.26.120 Examiner’s decision.

2.26.130 Notice of examiner’s decision.

2.26.140 Appeal from examiner’s decision.

2.26.150 Council consideration.

2.26.160 Effect of council action.

2.26.180 Local improvement district assessment roll hearings.

2.26.010 Purpose.

The purpose of this chapter is to establish a system of land use regulatory hearings which will satisfy the following basic needs:

A. A more prompt opportunity for a hearing and decision on alleged violations of land use regulations, and such other regulations as may be assigned to the hearing examiner;

B. To provide an efficient and effective system for deciding variances and appeals from administrative decisions;

C. To help ensure procedural due process and appearance of fairness by holding such hearings before a neutral party, competent in the fields of land use and procedural requirements. (Ord. 550, 1990)

2.26.020 Creation of hearing examiner position.

Pursuant to Chapter 35A.63 RCW, the office of hearing examiner, hereinafter referred to as examiner, is created. All land use matters of a quasi-judicial nature, not requiring a modification of any ordinance or legislation shall be referred to the examiner who shall interpret, review and implement land use regulations in accordance with the procedures set forth herein. (Ord. 701, 1999; Ord. 550, 1990)

2.26.030 Appointment.

The hearing examiner shall be appointed by the mayor from a list of qualified persons approved by the council. The compensation of the hearing examiner shall be approved by the council as with other professional and consultant positions. (Ord. 701, 1999; Ord. 550, 1990)

2.26.040 Qualifications.

Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office of position in the city of Sultan. (Ord. 550, 1990)

2.26.050 Removal.

An examiner may be removed from office for cause by the mayor with concurrent majority vote of the city council. (Ord. 550, 1990)

2.26.060 Freedom from improper influence.

No person, including city officials, elected or appointed, shall attempt to influence an examiner in any matter pending before him, except at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of his duties in any other way; provided, that this section shall not prohibit the city’s attorney from rendering legal service to the examiner upon request. (Ord. 550, 1990)

2.26.070 Conflict of interest.

No examiner shall conduct or participate in any hearing, decision or recommendation in which the examiner has a direct or indirect substantial financial or familial interest or concerning which the examiner has had substantial prehearing contacts with proponents or opponents. Nor, on appeal from an examiner’s decision, shall any member of the council who has such an interest or has had such contacts participate in consideration thereof. (Ord. 550, 1990)

2.26.080 Rules.

The examiner shall have the power to prescribe rules for the scheduling and conduct of hearings and other procedural matters related to the duties of his office. Such rules may provide for cross-examination of witnesses. (Ord. 550, 1990)

2.26.090 Duties of the examiner – Applications.

The examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter findings of fact and conclusions based upon those facts, which conclusions shall represent the final action on the application unless appeal, as specified in this section, for the following types of applications:

A. Denials of conditional use permits;

B. Denials of variance;

C. Appeals on short plats and subdivisions;

D. Appeals from administrative determination of the city’s land use regulation codes;

E. The examiner is empowered to act in lieu of the board of adjustment, and such other officials, boards or commissions as may be assigned. Whenever existing ordinances, codes or policies authorize or direct the board of adjustment, or other officials, boards or commissions to undertake certain activities which the examiner has been assigned, such ordinances, codes or policies shall be construed to refer to the examiner.

F. The hearing examiner is empowered consistent with SMC 2.26.120(D) and rules adopted by the hearing examiner to reconsider decisions or recommendations of the hearing examiner. (Ord. 764-01; Ord. 550, 1990)

2.26.100 Reports of city departments.

On any land use issue coming before the examiner, the building official shall coordinate and assemble the reviews of other city’s departments, governmental agencies, and other interested parties and shall prepare a report summarizing the factors involved and the planning commission/city council findings and recommendations. At least seven calendar days prior to the scheduled hearing, the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. Copies thereof shall be provided to interested parties upon payment of reproduction costs. In the event that information to be provided by the applicant or other parties outside of city control has not been provided in sufficient time for filing seven days in advance of the hearing, the examiner may reschedule the hearing and notify interested parties. (Ord. 550, 1990)

2.26.110 Public hearing.

A. Before rendering a decision or recommendation on any application, the examiner shall hold at least one public hearing thereon.

B. Notice of the time and place of the public hearing shall be given as provided in the ordinance governing the application. If none is specifically set forth, such notice shall be given no less than 10 days before the public hearing.

C. The examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter and also to administer oaths, and preserve order. (Ord. 821-03 § 1; Ord. 550, 1990)

2.26.120 Examiner’s decision.

The examiner shall render a written decision within 10 working days of the conclusion of a hearing, unless a longer period is agreed to in writing by the applicant. The decision shall include at least the following:

A. Findings of fact and conclusions of law based upon and supported by the record;

B. A decision on the applicant to grant, deny or grant with such conditions, modification and restrictions as the examiner finds reasonable to make the application compatible with its environment, zoning ordinance, comprehensive plan, other official policies and objectives, and land use regulatory enactments. Examples of the kinds of conditions, modifications and restrictions which may be imposed include, but are not limited to, additional setbacks, screenings in the form of fencing or landscaping, easements, dedications or additional right-of-way and performance bonds;

C. No application for a variance shall be granted unless the examiner finds:

1. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which their application was filed is located; and

2. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and

3. That such variance is necessary:

a. Because of special circumstances set forth in the findings relating to size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

b. Because for reasons set forth in the findings, the variance as approved would contribute significantly to the improvement of environmental conditions, either existing or potentially arising from the proposed improvement;

D. All decisions or recommendations of the hearing examiner are subject to reconsideration, unless reconsideration is waived. Reconsideration is waived unless within seven calendar days of the date of mailing of the decision or recommendation, the applicant, the city or a party of record submits a written request for reconsideration in accordance with rules issued by the hearing examiner. Pending reconsideration by the hearing examiner, a decision or recommendation shall not be deemed final for the purpose of commencement of the period of time in which to commence an appeal. If reconsideration is waived because no timely request for reconsideration is made, the initial decision or recommendation of the hearing examiner, subject to any right of appeal, shall be deemed final as of the eighth calendar day after the date of mailing of the decision or recommendation. If a timely request for reconsideration is made, the hearing examiner shall grant or deny reconsideration within 10 calendar days of the date of receipt of the request for reconsideration. All periods of time provided for in this code for filing an appeal of a hearing examiner’s decision, or for council consideration of a hearing examiner’s recommendation, shall commence to run from the later of the eighth calendar day after mailing of the hearing examiner’s decision or recommendation or the date of the hearing examiner’s order granting or denying reconsideration.

E. All fees associated with the reconsideration shall be set by council resolution.

F. A statement of the date the decision will become final unless appealed, together with a description of the appeal procedure. (Ord. 764-01; Ord. 550, 1990)

2.26.130 Notice of examiner’s decision.

Not later than three working days following the rendering of a written decision, copies thereof shall be mailed to the applicant and to other parties of record in the case. “Parties of record” shall include the applicant and all other persons who specifically request notice of decision by signing a register provided for such purpose at the public hearing, or otherwise provide written request for such notice. (Ord. 550, 1990)

2.26.140 Appeal from examiner’s decision.

A. The grounds for filing an appeal of an examiner’s decision shall be limited to the following:

1. Newly discovered evidence which is material to the examiner’s decision and which could not reasonably have been produced at the examiner’s hearing;

2. The examiner exceeded his jurisdiction;

3. The examiner failed to follow the applicable procedure in reaching his decision;

4. The examiner committed an error of law or misinterpreted the applicable zoning ordinance, comprehensive plan, provisions of the city’s code or other city or state law or regulation; or

5. The examiner’s findings and conclusions are not supported by the record.

B.  1. Where the examiner’s decision is final and conclusive with right of appeal to the council, any such appeal shall be filed by the applicant, a department of the city, or other aggrieved person or agency with the city clerk/treasurer within 10 calendar days following the rendering of the examiner’s decision pursuant to SMC 2.26.120. In computing the time in which to file an appeal with the council, the date the examiner’s decision is rendered shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday or a legal holiday.

2. Appeals filed with the city clerk/treasurer shall be in writing, shall contain a detailed statement of grounds for appeal and the facts upon which the appeal is based, and shall be accompanied by a fee of $50.00; provided, that such appeal fee shall not be charged to a department of the city or to other than the first appellant. All council proceedings shall be limited to those matters expressly raised in a timely written appeal or appeals.

3. The timely filing of an appeal shall stay the effective date of the examiner’s decision until such time as the appeal is adjudicated by the council or withdrawn.

C.  1. If the appeal is to the council, the timely filing of an appeal shall stay the effective date of the examiner’s decision until such time as the appeal is adjudicated or withdrawn.

2. Within seven calendar days following the timely filing of an appeal with the city clerk/treasurer, notice thereof and of the date, time and place for council consideration shall be mailed by the clerk’s office to the applicant, to the examiner and to all other parties of record. Such notice shall additionally indicate the deadline for submittal of written comments as prescribed in SMC 2.26.150.

D. Where the examiner’s decision is final and conclusive, with right of appeal to court, the procedures for appeal are as set out in the underlying ordinance or statute governing the land use permit or other quasi-judicial hearing. (Ord. 550, 1990)

2.26.150 Council consideration.

A. An examiner’s decision which has been timely appealed pursuant to SMC 2.26.140 shall come on for council consideration in open public meeting no sooner than 21 nor longer than 35 calendar days from the date the appeal was filed. The council shall consider the matter based upon the record before the examiner, the examiner’s decision, the written appeal statement and any written comments received by the council before closure of the city clerk/treasurer’s office seven days prior to the public meeting date set for council consideration.

B. At the public meeting, the council may concur with the findings and conclusions of the examiner and affirm the examiner’s decision; remand the matter to the examiner for further proceedings in accordance with the council’s findings and conclusions; or the council may determine to hear the appeal at public hearing. In those instances in which the council affirms the examiner’s decision or remands the matter to the examiner, the council’s decision shall be reduced to writing and entered into the record of the proceeding within 15 days of the public meeting. Copies of the decision shall be mailed to all parties of record.

C. In those instances in which the council determines to conduct a public hearing, notice of the hearing shall be given by publication in the city newspaper no less than 10 days prior to the date set for the hearing and written notice shall also be given by the council by mail to all parties of record before the hearing examiner.

D. All council hearings conducted pursuant to this section shall be de novo and shall be limited to those matters raised in the appeal. The council shall consider the appeal based upon the record before the examiner and all written and oral testimony presented at the council hearing. All testimony at any public hearing shall be taken under oath.

E. At the conclusion of the public hearing, the council shall enter its decision which shall set forth the findings and conclusions of the council in support of its decision. The council may adopt any or all of the findings or conclusions of the examiner which support the council’s decision. The council may affirm the decision of the examiner, reverse the decision of the examiner either wholly or in part, or may remand the matter to the examiner for further proceedings in accordance with the council’s findings and conclusions.

F. The council’s decision shall be reduced to writing and entered into the record of the proceedings within 15 days of the conclusion of the hearing. Copies of the decision shall be mailed to all parties of record. (Ord. 550, 1990)

2.26.160 Effect of council action.

The council’s decision to affirm an examiner’s decision or remand a matter to the examiner pursuant to SMC 2.26.150(B), or the council’s decision after public hearing on an appeal, shall be final and conclusive with right of appeal to the Superior Court of Snohomish County by writ of certiorari, writ of prohibition or writ of mandamus within 15 calendar days of the council’s decision. The cost of transcription of all records ordered certified by the court for such review shall be borne by the applicant for the writ. (Ord. 550, 1990)

2.26.180 Local improvement district assessment roll hearings.

A. As authorized by RCW 35.44.070, the city council hereby provides for delegating, whenever directed by majority vote of the city council, the duty of conducting public hearings for the purpose of considering and making recommendations on final assessment rolls and the individual assessments upon property within local improvement districts to a hearing examiner appointed under this section, and the hearing examiner is directed to conduct such hearings and make those recommendations when thus authorized by the city council.

B. All objections to the confirmation of the assessment roll shall be in writing and identify the property, be signed by the owners and clearly state the grounds of the objection. Objections not made within the time and in the manner prescribed and as required by law shall be conclusively presumed to have been waived.

C. The hearing examiner shall conduct the hearing to be commenced at the time and place designated by the city council, cause an adequate record to be made of the proceedings, and make written findings, conclusions and recommendations to the city council following the completion of such hearings, which may be continued and recontinued as provided by law whenever deemed proper by the hearing examiner, and the city council shall either adopt or reject the recommendations of the hearing examiner.

D. The recommendations of the hearing examiner shall be that the city council correct, revise, lower, change or modify the roll or any part thereof, or set aside the roll in order for the assessment to be made de novo, or that the city council adopt or correct the roll or take other action on the roll as appropriate, including confirmation of the roll without change. The recommendations of the hearing examiner shall be filed with the city clerk and be open to public inspection. All persons whose names appear upon the recommended assessment roll who timely filed written objections to their assessments shall receive mailed written notification of their recommended assessments.

E. Any persons who shall have timely filed objections to their assessments may appeal the recommendations of the hearing examiner regarding their properties to the city council by filing written notice of such appeal with the city clerk within 10 calendar days after the date of mailing of the hearing examiner’s recommendations.

F. The appeal shall be based exclusively upon the record made before the hearing examiner and shall be considered by the city council at a public meeting. No new evidence may be presented. Arguments on appeal shall be either oral or written as the city council may order.

G. The city council shall adopt or reject the recommendations of the hearing examiner at a public meeting, after considering any appeals, and shall act by ordinance in confirming the final assessment roll.

H. Any appeal from a decision of the city council regarding any assessment may be made to the superior court within the time and in the manner provided by law.

I. The procedures set forth in this section are independent of and alternative to any other hearing or review processes heretofore or hereafter established by the city, and shall govern the conduct and review of final assessment hearings conducted before hearing examiners and related proceedings when authorized by the city council. (Ord. 775-01 § 1)

Chapter 2.28
CITY ELECTIONS

Sections:

2.28.010 Publication of notice setting forth dates and offices to be filled.

2.28.010 Publication of notice setting forth dates and offices to be filled.

Not more than 10 days nor less than five days prior to the date upon which the county auditor may accept declaration of candidacy for an ensuing election, the city clerk/treasurer shall publish a notice in any legal newspaper of general circulation in the city, setting forth the dates between which declaration of candidacy will be accepted for the ensuing election, and setting forth the elective positions and offices to be filled at such ensuing elections. (Ord. 388 § 1, 1980; Ord. 254 § 2, 1961; Ord. 243 § 1, 1960)

Chapter 2.30
PERSONNEL POLICIES

Sections:

2.30.010 General provisions.

2.30.020 Definitions.

2.30.030 Personnel action.

2.30.040 Disciplinary actions.

2.30.050 Grievance procedure.

2.30.060 Classification and wage.

2.30.070 Hours of work.

2.30.080 Vacation.

2.30.090 Sick leave.

2.30.095 Payroll records.

2.30.100 Holidays.

2.30.110 Other leave.

2.30.120 Management rights.

2.30.130 Gifts and favors.

2.30.140 Other provisions.

2.30.150 Severability.

2.30.010 General provisions.

A. Purpose. The objective of the personnel ordinance is to facilitate efficient service to the public and provide a personnel management system within the city government which deals with all employees of various departments in an equitable and uniform manner.

B. Affirmative Action Policy. It is the policy of the city of Sultan to promote and assure equal opportunity based on ability and fitness to all persons regardless of race, religion, color, national origin, sex, handicap, age, marital status or political affiliation.

C. Exclusion. This shall not apply to the following personnel: mayor, members of the council, members of commission or boards, reserve police officers, contract personnel, the city attorney and the city administrator.

D. Scope. In cases where this chapter conflicts with collective bargaining contracts and agreements duly agreed upon, the provisions of the contract or regulations shall govern.

E. Conflicts. Nothing in this chapter shall be construed to conflict with, or invalidate state or federal law relating to the subject matter in this chapter. (Ord. 730-99; Ord. 629, 1995; Ord. 514 § 4, 1988; Ord. 448, 1983)

2.30.020 Definitions.

The following words and phrases, when used in this chapter, shall have the following meanings:

A. “City” means the city of Sultan.

B. “Doctor’s certificate” means a form provided by and signed by the doctor stating that an injured or ill employee is now able to return to work.

C. “Employee” means a person occupying a position and being paid a salary or wage by the city.

D. “Immediate family” means spouse and children of the employee, step-children, parents, step-parents, brother, sister, mother or father-in-law, grandmother and grandfather.

E. “Holiday” means the days designated as holidays with pay by the city.

F. “Just cause” means cause supported by evidence.

G. “L.E.O.F.F.” means Law Enforcement Officers and Firefighters Retirement System.

H. “Permanent full-time employee” means any employee appointed to a permanent position for an indefinite period of time, whose normal work week consists of at least 40 hours, and who has successfully completed the probationary period.

I. “Permanent part-time employee” means any employee appointed to a permanent part-time position for an indefinite period of time, whose normal work week consists of more than 20 hours but less than 40 hours and who has successfully completed the probationary period.

J. “Probationary employee” means any employee hired for a position who has not competed the probationary period.

K. “Temporary employee” means an employee hired for a specific purpose or project or for a specific or definite period of time who is compensated with an hourly wage. (Ord. 730-99; Ord. 629, 1995; Ord. 514 § 5, 1988; Ord. 472, 1985; Ord. 448, 1983)

2.30.030 Personnel action.

A. Nepotism Policy. Favoritism in any personnel action (i.e., recruitment or promotion) shall not be shown to relatives of past or present employees. However, a department may hire, transfer, demote, or promote family members if said action is in the best interest of the city.

B. Recruitment. Available positions shall be publicized within the city offices, in the official newspaper, and in accordance with the union contracts and with all prevailing affirmative action guidelines regarding recruitment. Public notice of a position opening shall contain title, wage, job description, minimum qualifications, and the closing date for applications.

C. Probation. New employees shall hold probationary status for a period of 12 months from the date of hire. Probationary employees have no vested status and may be disciplined or terminated under the provisions of SMC 2.30.040 without further recourse.

D. Promotion. Vacancies shall be filled, insofar as is consistent with the best interests of the city, from qualified employees holding permanent positions within the city. Employees who are promoted shall be subject to a probationary period of six months. An employee who fails the probationary period may transfer back to the position held prior to the promotion provided the position is vacant.

E. Transfer. Upon recommendation of the department head or to meet the needs of the city, a transfer may be made. No person may be transferred to a position for which they do not possess the minimum qualifications. A probationary period shall not be used to circumvent regulations regarding promotions, demotions or terminations.

F. Demotions. No employee shall be demoted to a position for which they does not possess minimum qualifications. Any employee may be demoted:

1. When their standard of performance falls below an acceptable level;

2. When the employee becomes physically or mentally incapable of performing the duties of their position;

3. For disciplinary purposes;

4. In lieu of layoff;

5. At the employee’s request; or

6. When an employee fails to obtain required certifications within the specified time period.

G. Suspension. An employee may be suspended without pay by the mayor as specified in SMC 2.30.040. Authority to suspend may be delegated to the department head as specified in SMC 2.30.040(C). An employee must be provided with written notice, within a reasonable period of time, as to the reasons for and the duration of the suspension. If an investigation proves that the decision for suspension was made in error or misunderstanding, the employee may be reinstated and shall be reimbursed for wage loss due to suspension.

H. Resignation. An employee shall give at least two weeks’ written notice of their effective resignation date. The time limit of the resignation may be waived at the discretion of the department head. Termination and vacation benefit pay shall be forfeited if written notice is not given or waived.

I. Retirement Systems. Except for members of the L.E.O.F.F. retirement system, all permanent full-time and qualified part-time employees must belong to the Public Employees Retirement System (PERS). Police officers’ membership shall be as specified by the L.E.O.F.F. system.

J. Exit Interview. An exit interview shall be conducted by the mayor with all employees resigning from city employment. (Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)

2.30.040 Disciplinary actions.

A. Authority of the Mayor. Nothing in this section shall be construed in any way as limiting the authority of the mayor under RCW 35.27.070 to appoint and remove employees of the city, except members of the city council and its advisory boards, commissions and those employees covered by civil service commission. Whenever a disciplinary action or termination becomes necessary, the mayor has the power to discipline or terminate, and will do so for just cause.

B. Just Cause. Continued employment with the city shall be contingent upon availability of funds, fitness of the employee to perform the duties required of the position, and upon satisfactory performance of these duties. Employees of the city may be subject to disciplinary action or termination for the following reasons:

1. Misrepresentation or withholding of pertinent facts in securing employment;

2. Unauthorized use or possession of the city facilities or property; unauthorized use of position for personal gain or advantage; accepting unlawful gratuities or bribes; lying;

3. Violation of the city’s telephone use policy;

4. Failure to report an occurrence causing damage to the city, citizen or public property; failure to properly secure the city’s facilities or property;

5. Loitering after completion of your scheduled workday which results in the disruption of the city’s business or the work effort of other employees;

6. Unauthorized operation or use of machines, tools or equipment to which the employee has not been specifically assigned or trained to use;

7. Habitual lateness for work; absence without proper notification to immediate supervisor; excessive absenteeism, or insufficient reasons for absenteeism; loitering, goofing off, or failing to assist others in work situations;

8. Making malicious, false or derogatory statements that are intended or could reasonably be expected to damage the integrity or reputation of the city or an employee, on or off premises;

9. Disorderly conduct, including fighting on the premises; rudeness, discrimination, intimidation, coercion, use of obscene language, gesture or lack of courtesy to the public or fellow employees; immoral conduct while on duty;

10. Intentional falsification of records/ paperwork required in the transaction of city business;

11. Inability, inefficiency, negligence, or insubordination, including refusal or failure to perform assigned work;

12. Failure to observe safety practices, rules, regulations and instructions; negligence that results in injury to others;

13. Failure to promptly report to your immediate supervisor an on-the-job injury or accident involving an employee, equipment, property or other persons;

14. Dishonesty or theft, including deliberate destruction, damage, or removal of the city’s or other’s property from the premises or any job site.

15. Incompetence, inefficiency, inattention to or dereliction of duty;

16. Mental or physical unfitness to perform the duties of the position held by the employee even considering reasonable accommodation as required by ADA;

17. Conviction of a felony or a misdemeanor which could adversely impact the employee’s ability to effectively and efficiently perform the duties of their position;

18. Refusal to take a breath or blood test when required in accordance with the drug and alcohol testing policy;

19. Any violation of the provisions of the city’s personnel policies.

C. Disciplinary Procedures. There are four general methods of discipline that may be applied to employees who have violated the rules, policies, standards or principles established for the purpose of maintaining order and integrity.

1. Level 1 – Oral Warnings. Oral warnings shall be used for minor offenses which occur occasionally. The supervisor may call the employee aside to privately discuss the offense and warn the employee not to repeat the behavior. The employee should be informed that an oral warning is being administered and that they are being given an opportunity to correct the condition. If the condition is not corrected, the employee will be subject to more severe disciplinary measures. The supervisor will document the warning and keep it in the employee’s personnel file for six months.

2. Level 2 – Written Reprimand or Warning. Written reprimands are used initially for more serious problems or offenses, or for repeated incidents where an oral warning has failed to correct unacceptable behavior. The supervisor will discuss the warning notice with the employee to be certain that the employee understands the reasons for the disciplinary action. The employee will receive a signed letter from their supervisor listing the violations or failures of the employee and the corrective action to be taken to avoid further discipline. Copies of the written reprimand will be placed in the employee’s personnel file. If the letter specifies that the letter may be removed if there are no further occurrences, the employee may request the removal of the written reprimand at the end of the time frame specified.

3. Level 3 – Disciplinary Suspension. An employee will be suspended without pay when the offense is of a serious enough nature (usually sufficient for discharge) or for continuing violations after the employee has received a written warning and has not made an adequate effort to improve performance, but when circumstances related to an employee’s overall performance do not warrant immediate discharge.

Suspension is generally the most severe form of discipline given by a supervisor short of termination. It should be applied only after thorough evaluation by the department head or mayor.

The supervisor shall state in writing the facts leading to the reason for the disciplinary suspension and the duration and terms of the suspension. The employee shall receive a copy of the written documentation of the disciplinary action and the supervisor shall make sure that the employee is fully aware of the reasons for the action. A copy of the written notice of suspension shall be placed in the employee’s personnel file.

Investigatory suspensions with or without pay may be used in cases where it is necessary to investigate a situation to determine what further disciplinary action may be warranted. This suspension allows the supervisor to determine an appropriate course of action when the situation is serious enough for the employee to be removed from the work environment.

If after investigation it is determined that the employee was not guilty of any violation, he/she shall be returned to work and paid for any lost time. If the employee is found in violation, the appropriate disciplinary action will take effect on the date that the investigatory suspension began if such suspension was without pay.

4. Level 4 – Discharge. Discharge is the most severe discipline and should be reserved for the most serious offenses or for repeated offenses of a less serious nature. Discharge must be approved by the mayor.

These disciplinary measures are not exclusive. Other or additional discipline may be administered with the consent of the department head according to the nature and circumstances of the offense and the needs of the department. Any disciplinary action of a regular employee taken by a supervisor may be appealed by the employee using the grievance procedures contained in either the union contract, personnel ordinance, civil service, or this policy. An employee must choose which process and such election shall be considered a waiver of any right to pursue under grievance procedures. (Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)

2.30.050 Grievance procedure.

A. Definition. A “grievance” means a claim or dispute by an employee with respect to the interpretation, meaning, or application of the provisions of this chapter or any action which he or she feels may affect his/her employment adversely.

B. Purpose. An employee may resort to grievance procedures for any decision or action by the employer which he or she feels may affect his or her employment adversely. Employees that have more than one source of dispute resolution must determine the proper grievance process they should use. Under no circumstances shall an employee be permitted to utilize more than one process.

C. Procedure. The following grievance procedures apply unless other procedures are provided for by state law, as in the case of the uniformed employees, union contract, or any other which offers a grievance procedure are used:

1. If an employee feels he or she has a justified complaint or problem, he or she must discuss this problem with his or her supervisor;

2. If the problem is not resolved through discussions with the supervisor, a grievance must be filed in writing by the employee to the employer within 10 working days of the occurrence of the incident producing the dispute or grievance;

3. If, within five working days after receiving the written response from the supervisor, the employee believes that his or her problem has not been resolved to his or her satisfaction, the employee and the immediate supervisor shall submit to the mayor written reports outlining the complaint and the circumstances surrounding it. The mayor shall reply in writing to the parties regarding the complaint within five working days;

4. If the employee feels that his or her complaint is not fairly resolved by the mayor, he or she may submit an appeal within five working days;

5. The mayor may request that the personnel committee immediately investigate the employee’s complaint and attempt to resolve the dispute within a reasonable time period not to exceed 15 days or the mayor may request arbitration by an outside third party;

6. Any party aggrieved by the final decision may file a petition for review in an appropriate court of law. Such petitions shall be filed within 15 days of date of receipt of the final decision;

7. No punitive action shall be carried out against any employee for utilizing the grievance procedures contained herein. (Ord. 730-99; Ord. 629, 1995; Ord. 472, 1985; Ord. 448, 1983)

2.30.060 Classification and wage.

A. Creation and Maintenance of Classifications. Position classifications shall be prepared and maintained in such a way that the classifications and wage range reflect the current duties and responsibilities of all positions within the city.

B. Reclassification of Positions. Significant changes in the duties and responsibilities of any position with the city shall result in an evaluation of the position and possible reclassification based on such changes.

C. Salary/Wage Range. Preparation of the current range shall be based upon the classification resulting from the evaluation of duties and responsibilities. Any change in salary/wage range must be made on the same basis.

D. Overtime. Hourly employees’ overtime shall be compensated at the rate of one and one-half times the employee’s regular straight time hourly rate of pay. Except in an emergency, all overtime shall be authorized by the employee’s supervisor in advance. Overtime hours shall be based on hours worked.

E. Pay Period. Employees shall be paid biweekly on Friday. In the event Friday falls on a holiday, paychecks will be issued the preceding work day. (Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)

2.30.070 Hours of work.

A. General Personnel. The normal work week shall consist of five consecutive days and shall average 40 hours per week.

B. Police Personnel. Shift work will be assigned and varied to meet the needs of the city.

C. Breaks. Employees are entitled to one 15-minute break in the morning and afternoon. Breaks for office employees should be taken in designated areas and field employees should take their breaks on or near the job site. Authorized breaks must be arranged so as not to interfere with city business. Business shall not be interrupted simply because it is break time. Misuse of break privileges shall be subject to disciplinary action.

D. Meal Periods. Employees other than police officers shall receive a meal period which shall be on the employee’s own time and which shall commence no less than three nor more than five hours from the beginning of the work shift. The meal period for such employees shall not be more than 60 minutes. (Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)

2.30.080 Vacation.

A. Eligibility. All permanent employees whose normal workweek totals 20 or more hours are eligible to accrue vacation benefits. New employees will accrue vacation benefits from their respective employment dates. New employees shall not be eligible to use the accrued vacation until completion of six months of continual service with the city.

B. Accrual Basis. Vacation accrual shall be computed for paid straight time hours only. The schedule set out in Table I shall apply. Employees who work less than eight hours per day shall accrue vacation on a pro rata basis. Employees are expected to make a valid effort to use the full amount of their annual vacation accrual during each service year.

C. General Requirements. An employee may accrue a maximum of two years worth of vacation leave based on the employee’s current accrual rate. In the event an employee reaches the maximum vacation accrual, the employer shall notify the employee of such. Except in an emergency situation, employees shall request vacation time, in writing, at least two weeks in advance. Vacation time must be approved, in writing, by the employee’s department head. In the case of department heads, the vacation time must be approved, in writing, by the mayor.

D. Annual Vacation Cash-out. For the purposes of reducing excess vacation accrual, nonrepresented employees will receive compensation, annually, for a maximum of 80 hours of accrued vacation each year, so long as two workweeks of accrued vacation remain for the benefit of the employee. This compensation shall occur on the last payday of the year.

E. Termination of Employment. Termination of employment with the city shall have the following effect regarding accrued but unused vacation balance held by any employee at the date of termination:

1. An employee with less than six months current employment with the city shall forfeit all vacation accrued at date of termination and shall not be paid by the city for such accrual.

2. As an exception to subsection of (E)(1) of this section, an employee with less than six months employment with the city who is terminated because of lack of work shall be entitled to reinstate any previously accrued vacation balance if he/she is rehired at a future date. Such employee, for purposes of determining length of employment under subsection B of this section, shall receive full credit for prior service.

3. Upon termination of employment, any employee who has completed six or more months current service with the city shall be paid (at their then current rate) the money equivalent of any accrued but unused vacation balance which exists at the date of termination. Any unused vacation at the date of termination shall be paid at their termination rate of pay at subsequent biweekly pay periods not to exceed 80 hours per pay period until all unused vacation is exhausted. Employees will continue to receive benefits (medical/dental and retirement) until their vacation is exhausted; however, employees will not continue to accrue vacation or sick leave after their termination date. A terminating employee’s final day worked shall be the date of their termination.

F. Leave of Absence. The money equivalent of unused vacation shall not be paid to any employee departing on or during a leave of absence, except in the event of an extended military leave of absence.

Table 1 (Vacation accrual for full-time employees)
Years of Continuous Service	Monthly	Annually
Beginning of 1	6.67 hours	80 hours
Beginning of 2	7.00 hours	84 hours
Beginning of 3	7.33 hours	88 hours
Beginning of 4	7.66 hours	92 hours
Beginning of 5	9.33 hours	112 hours
Beginning of 6	9.66 hours	116 hours
Beginning of 7	10.00 hours	120 hours
Beginning of 8	10.33 hours	124 hours
Beginning of 9	10.66 hours	128 hours
Beginning of 10	12.33 hours	148 hours
Beginning of 15	14.00 hours	168 hours
Beginning of 20	15.33 hours	184 hours

(Ord. 776-01; Ord. 730-99; Ord. 629, 1995; Ord. 472, 1985; Ord. 448, 1983)

2.30.090 Sick leave.

A. Accumulation. All permanent employees whose normal work week totals 20 hours or more may be granted sick leave with pay for illness or injury. Sick leave shall be accrued at a rate of eight hours for each calendar month of the employee’s service, but not to exceed a maximum of 960 hours. Any hours accrued beyond 960 hours shall be converted to sick leave buy back as described in subsection D of this section. Part-time employees accrue sick leave at a rate proportionate to the number of regular hours worked per month. This section shall not apply to employees hired under LEOFF I.

B. Eligibility. Sick leave shall be available to permanent employees. Sick leave shall be granted for the following reasons:

1. Personal illness or physical incapacity resulting from causes beyond the employee’s control.

2. Serious illness or death in the immediate family. Leave shall not exceed three days; except, in cases where travel distance is excessive, two additional days may be granted by the mayor.

3. Medical or dental appointments.

4. Sick leave may be granted for one day in order to attend the funeral of a family member or for other persons with the approval of the department head.

C. Notification. Any employee on sick leave shall notify their immediate supervisor of the fact. Failure to do so within one hour after commencement of the normal work shift may be cause for denial or paid sick leave for the period of absence.

D. Sick Leave Buy Back. For the purposes of reducing excess sick leave accrual, nonrepresented employees shall be compensated, annually, a maximum of 40 hours sick leave; provided, they have a minimum of 480 hours accrued sick leave. This compensation shall occur on the last payday of the year.

E. Termination of Employment. Upon resignation, termination, or retirement an employee shall be compensated for accrued sick leave up to a maximum of 960 hours at the rate of pay at the date of termination in the same manner as unused vacation as described in SMC 2.30.080(E)(3); provided, however, that sick leave compensation will commence after all vacation compensation is exhausted.

F. Doctor’s Certificate. After three consecutive days and/or at the discretion of the department head, certification of illness by a doctor may be required for approval of sick leave with pay. Certification establishing the date on which an employee was able to return to work may also be required.

G. Abuse. Abuse of sick leave privileges shall be cause for dismissal. (Ord. 776-01; Ord. 730-99; Ord. 629, 1995; Ord. 472, 1985; Ord. 448, 1983)

2.30.095 Payroll records.*

Official payroll records are kept by the city clerk/treasurer. Each department head shall turn in to the clerk/treasurer on a biweekly basis a signed record of sick leave and/or vacation taken by employees of their respective department. (Ord. 776-01)

*Code reviser’s note: Ordinance No. 776-01 sets out these provisions as Section 2.30.100. The section has been editorially renumbered to prevent duplication of numbering.

2.30.100 Holidays.

A. Holiday Schedule. Employees shall be granted the following holidays with pay:

	Holiday	Date to be observed:
1.	New Year’s Day	January 1
2.	Martin Luther King Jr. Birthday	3rd Monday in January
3.	President’s Day	3rd Monday in February
4.	Memorial Day	Last Monday in May
5.	Independence Day	July 4
6.	Labor Day	1st Monday in September
7.	Veteran’s Day	November 11
8.	Thanksgiving Day	4th Thursday in November
9.	Day after Thanksgiving Day	4th Friday in November
10.	Day before Christmas	December 24
11.	Christmas Day	December 25
12.	Floating Day	As approved

B. Holidays Occurring on Weekends. Any regular holiday which falls on a Saturday shall be observed on the preceding Friday and any regular holiday which falls on a Sunday shall be observed on the following Monday.

C. Uniformed Personnel. Full-time police officers may be granted “holiday” vacation hours in lieu of the above holidays. Vacation days shall be approved in the best interests of the city within 12 months of the worked holiday. Such vacation hours shall accrue as the holidays set forth in subsection (A) of this section occur at the rate of eight hours per holiday. In lieu of accruing vacation hours, a police officer has the option to receive eight hours’ holiday pay during the pay period in which the holiday occurs. (Ord. 730-99; Ord. 629, 1995; Ord. 472, 1985; Ord. 448, 1983)

2.30.110 Other leave.

A. Jury Duty. An employee who is required to serve on a jury or is required to appear before a court shall be allowed authorized leave with pay less any amount received for such service. Documentation from the court of payment received shall be required.

B. Leave Without Pay. Upon prior approval by the mayor, leave without pay may be granted for a period not to exceed 15 working days for illness, injury or additional vacation.

C. Leave of Absence. Upon the request by the employee, the mayor may grant a leave of absence without pay for the period of not less than three weeks and not more than 12 months. Approval of such leave shall be in writing and signed by the mayor. No vacation or sick leave benefits or other fringe benefits shall be accrued while an employee is on leave of absence. The employee’s anniversary date will be adjusted by the length of the leave granted. Any employee on approved leave of absence may continue their medical insurance coverage by paying the full cost to the city in advance for each month of the leave of absence.

D. Maternity Leave. Maternity leave shall be granted in accordance with sick leave benefits. If additional time is requested, leave of absence without pay or fringe benefits may be granted as described in SMC 2.30.090(B) and (C).

E. Military Leave. In accordance with RCW 38.40.060, military leave of absence shall be granted for a period not to exceed 15 days during each calendar year. Such leave shall be granted in order that the person may take part in active training duty in such manner and at such time as they may be ordered to active duty. Such military leave of absence shall be in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges or pay. During the period of military leave, the officer or employee shall receive from the city their normal pay. (Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)

2.30.120 Management rights.

In matters not covered specifically by language within this chapter, the mayor or the city council shall have the clear right to make decisions in such areas, on a unilateral basis, and such decisions shall not be subject to the grievance procedure. (Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)

2.30.130 Gifts and favors.

A. It is the policy of the city that no employee may give or accept gifts or favors of value in their business relationships with firms or persons with whom the city does business, except that the following may be accepted, however the practice is discouraged by the city of Sultan:

1. Certain business courtesies, such as payment for a modest lunch or dinner in connection with a business meeting;

2. Advertising novelties of no appreciable value which are widely distributed to others under essentially the same business relationship with the donor.

B. Nothing in this section shall be construed to permit, condone or allow any activity or practice prohibited by Chapters 42.20 or 42.34 RCW relating to conflicts of interest, improper practices and codes of ethics for public officials and employees. (Ord. 730-99; Ord. 629, 1995; Ord. 448, 1983)

2.30.140 Other provisions.

This chapter shall not be construed to deny any eligible employees their benefits under existing union contracts. (Ord. 730-99; Ord. 629, 1995)

2.30.150 Severability.

The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances. (Ord. 730-99)

Chapter 2.31
DRUG-FREE WORKPLACE

Sections:

2.31.010 Statement of policy.

2.31.020 Prohibitions.

2.31.030 Workers under the influence – Prohibited in the workplace – Exceptions.

2.31.040 Condition of employment.

2.31.050 Discipline.

2.31.060 Assistance for drug abuse problems.

2.31.010 Statement of policy.

It is the policy of the city of Sultan to maintain a drug-free workplace. (Ord. 539, 1990)

2.31.020 Prohibitions.

Unlawful manufacture, cultivation, distribution, dispensing, possession, or use of a controlled substance as defined in Chapter 69.50 RCW, the Uniform Controlled Substances Act, or intoxicant is prohibited in the workplace. “Workplace” is defined as the employee’s assigned location(s) for carrying out the responsibilities of his/her position which shall include all locations over which the employer has right of access or control, or where the employee is required to be during his/her work day. (Ord. 539, 1990)

2.31.030 Workers under the influence – Prohibited in the workplace – Exceptions.

Workers under the influence of alcohol, intoxicants, or controlled substances are prohibited in the workplace. This rule does not apply to persons taking prescription drugs and narcotics as directed by a physician or dentist; provided, such use shall not endanger the worker or others. It is the employee’s responsibility to check with his/her physician, dentist, or pharmacist as to whether or not a prescription or over-the-counter drug will impair performance and to notify his/her supervisor of the impairment and the period of time the medication will be used. (Ord. 539, 1990)

2.31.040 Condition of employment.

It shall be a condition of employment that each city employee will:

A. Abide by the terms of this policy; and

B. Notify the mayor of any criminal drug statute conviction against him/her for a violation occurring in the workplace, no later than five days after the date of such conviction. (Ord. 539, 1990)

2.31.050 Discipline.

Employees may be disciplined, up to and including termination, for violation of any of the prohibitions listed above. Any of the following actions may be taken separately or in combination for violation of any prohibition listed in this document:

A. Suspension without pay;

B. Confiscation of any suspected substance, device, paraphernalia, container or other items considered a part of the violation of prohibitions;

C. Termination from all city employment;

D. Require successful completion of a city-approved substance abuse rehabilitation program prior to return to work;

E. Other forms of discipline may be used. (Ord. 539, 1990)

2.31.060 Assistance for drug abuse problems.

Employees with substance abuse problems are encouraged to seek assistance from their supervisor, department head or the mayor. (Ord. 539, 1990)

Chapter 2.32
SOCIAL SECURITY

Sections:

2.32.010 Declaration of participation in Federal Social Security System.

2.32.020 Execution and delivery of city’s plan for coverage.

2.32.030 Payments to fund – Establishment of payroll deduction system.

2.32.010 Declaration of participation in Federal Social Security System.

The city of Sultan shall become a participant in the Federal Social Security System, that the benefits of old age and survivors’ insurance may be extended to the appointive officers and employees of said city. (Ord. 216 § 1, 1951)

2.32.020 Execution and delivery of city’s plan for coverage.

The mayor and the city clerk/treasurer are authorized and directed to execute and deliver to the Washington State Department of Employment Security for its approval, the plan or plans required under the provisions of Section 5 of the Federal Enabling Act and of the Social Security Act to extend coverage to the appointive officials and employees of the city of Sultan, and do any or all things necessary to that end. (Ord. 216 § 2, 1951)

2.32.030 Payments to fund – Establishment of payroll deduction system.

The city clerk/treasurer is authorized and directed to make all required payments into the Contribution Fund of the state of Washington established by the Federal Enabling Act, and to establish a system of payroll deductions from the salaries of the appointive officers and employees as may be necessary to their coverage under said old age and survivors’ insurance system, all upon vouchers properly approved by the city council. (Ord. 216 § 3, 1951)

Chapter 2.36
DEFERRED COMPENSATION PLAN

Sections:

2.36.010 Creation and establishment.

2.36.020 Participation availability to city officials or employees.

2.36.030 Authority to purchase insurance contracts.

2.36.040 Premiums constitute city asset.

2.36.050 Authority of mayor to establish rules and procedures.

2.36.010 Creation and establishment.

There is created and established in the city of Sultan, a qualified pension plan in the form of a deferred annuity for all eligible employees and officials. (Ord. 345 § 1, 1976)

2.36.020 Participation availability to city officials or employees.

Such pension plan or deferred annuity benefits shall be available to those employees who elect to participate in said plan and who agree to take a reduction in salary in the equivalent amount of the contribution required to be made by the city for and on behalf of such employee or official. (Ord. 345 § 2, 1976)

2.36.030 Authority to purchase insurance contracts.

In order to accumulate the appropriate funds to pay participating employees’ and officials’ benefits in accordance with the deferred compensation plan, the council of the city of Sultan does authorize and approve the purchase of retirement annuity contracts as issued by Aetna Variable Annuity Life Insurance Company in such amounts as may be appropriate to provide plan benefits. (Ord. 345 § 3, 1976)

2.36.040 Premiums constitute city asset.

A. It is the intention of the city that the premiums paid by the city for such annuity contracts will not currently be considered as income paid to the employees and officials concerned.

B. Thus, the city of Sultan will own and have all rights under the said annuity contracts and such contracts will not be held in any way as collateral security for the fulfilling of any of the obligations of the city of Sultan, but shall be held as a general, unpledged and unrestricted asset. (Ord. 345 § 4, 1976)

2.36.050 Authority of mayor to establish rules and procedures.

The council does authorize the mayor of the city of Sultan to act on its behalf in respect to these annuity contracts and to formulate rules and procedures for the purchase and administration of them. (Ord. 345 § 5, 1976)

Chapter 2.40
WASHINGTON STATE EMPLOYEES’ RETIREMENT SYSTEM

Sections:

2.40.010 Authorization and approval of city membership.

2.40.020 Transmission of copy to Retirement Board.

2.40.010 Authorization and approval of city membership.

The city of Sultan does authorize and approve the membership and participation in the State Employees’ Retirement System of its eligible employees as provided for by Chapter 274, Laws of 1947, of the state of Washington, as amended. (Ord. 253 § 1, 1961)

2.40.020 Transmission of copy to Retirement Board.

The city clerk/treasurer of the city of Sultan is directed to transmit a certified copy of the ordinance codified in this chapter to the retirement board of the said system as evidence of such authorization and approval. (Ord. 253 § 2, 1961)

Chapter 2.44
REIMBURSEMENT FOR TRAVEL EXPENSES

Sections:

2.44.010 Amounts allowed.

2.44.020 Presentation of itemized claim – Receipts.

2.44.010 Amounts allowed.

In the event any elective or appointive officer of the city of Sultan is required to travel beyond the corporate limits of said city in connection with city business, and such travel is authorized by the city, such official may be allowed reimbursement for meals, hotel accommodations and transportation charges in an amount to be determined by resolution of the city council. (Ord. 444 § 3, 1983; Ord. 171 § 1, 1940)

2.44.020 Presentation of itemized claim – Receipts.

Any official entitled to reimbursement under SMC 2.44.010 shall present an itemized claim showing the purpose of the trip, the several reimbursable expenses incurred, and such receipted bills as may be required, as supporting documents; which claim shall be sworn to in the manner required for other bills against the city. (Ord. 171 § 2, 1940)

Chapter 2.48
CEMETERY REGULATIONS

Sections:

Article I. Fees and Charges

2.48.010 Designation.

2.48.020 Payments – Records.

2.48.030 Procedure for setting amounts.

Article II. Sale Agreement

2.48.040 Form – Designated.

2.48.050 Form – Exclusive use required – Alteration procedure.

2.48.060 Form – Abolishment of use of former forms.

2.48.070 Execution.

Article I. Fees and Charges

2.48.010 Designation.

Charges for use and service of cemetery lots of the city of Sultan are established for the operation and maintenance, perpetual care, opening and closing of graves, interment of ashes and burial liners and does not include cost of markers or the setting of the same in amounts to be set by resolution by the city council. (Ord. 444 § 4, 1983; Ord. 382 § 1, 1979)

2.48.020 Payments – Records.

Charges for cemetery use and services shall be paid at the office of the city clerk/treasurer who may send such bills and statements in connection with the collection thereof as are considered necessary, and the clerk/treasurer shall keep accurate books and records which reflect a complete statement of all income collected through the operation of the cemetery, separate and distinct from the income of other city departments. (Ord. 382 § 2, 1979)

2.48.030 Procedure for setting amounts.

The amount of all fees and charges provided for in SMC 2.48.010 and 2.48.020 shall be established by resolution of the city council and may, from time to time, be altered in the same manner to such extent as the city council may deem necessary and proper. (Ord. 382 § 3, 1979)

Article II. Sale Agreement

2.48.040 Form – Designated.

There is adopted by the city of Sultan as its official form of agreement for the sale of lots, endowed care, and grave preparation in the Sultan municipal cemetery, the following form:

CITY OF SULTAN CEMETERY ENDOWED CARE AND USE AGREEMENT

This agreement is entered into this ____ day of ______ 19___, between the City of Sultan, a municipal corporation of the State of Washington, the party of the first part, and __________, the party of the second part.

The first party, in consideration of the payment of $______, receipt of which is hereby acknowledged, agrees to perform and provide the following services:

1. A suitable burial plot or plots described as Lot _____, of Block _____, within the unrecorded plat of the Sultan Cemetery as the same appears in the office of the City Clerk, same being situated in Sec. 4, Twp. 27 N. Range 8 East, W.M., in the County of Snohomish, State of Washington, to serve as the grave location of _________, deceased, and _____________________
_________________________________

2. To continually, properly care for the above described grave location or locations and keep it in a neat and trim condition, and a lawn maintained thereon, without further expense to the second party; provided, that said grave location shall first be placed in proper condition by the first party as prescribed by the Ordinances of the City of Sultan, and the Resolutions of the City Council, at the expense of the second party. Provided further, that the first party does not undertake or agree to make any repairs to monuments, headstones, pavements, vaults, or other structures, decorations, or improvements of like nature, that are now or may hereafter be placed on said land. The second party shall make needed repairs to the monumental and decorative work upon said grave location when directed to do so by the first party in writing. All decorative and monumental work placed on said land shall comply with the requirements of Ordinances and Resolutions of the City of Sultan now or hereafter adopted.

The above-named sum of money received by the first party is itemized as follows:

Grave Plot Lot ___ Block ___ $_____
Endowed care of above-named lot or lots
$_____
Opening and closing grave
  (Including Grave Liner) $_____
Other _______________ $_____
               TOTAL $_____

CITY OF SULTAN
Party of the Second Part

BY ____________ _________________

City Clerk Address __________
City ______________

(Ord. 285 § 1, 1966)

2.48.050 Form – Exclusive use required – Alteration procedure.

It is declared that the form of agreement set out in SMC 2.48.040 shall be the only form used for the purposes therein set forth, and that such form shall be altered only by resolution or ordinance of the Sultan city council. (Ord. 285 § 2, 1966)

2.48.060 Form – Abolishment of use of former forms.

The form of agreement set out in SMC 2.48.040 is established as the sole means by which use of cemetery lots in the Sultan municipal cemetery may be bargained and sold to any party, and all other forms of agreement previously used for such purpose are abolished. (Ord. 285 § 4, 1966)

2.48.070 Execution.

The city clerk/treasurer of the city of Sultan is authorized to execute such agreements on behalf of the city of Sultan, and said clerk/treasurer, or his deputy, must execute all such agreements to establish the validity thereof. (Ord. 285 § 3, 1966)

Chapter 2.52
CIVIL SERVICE

Sections:

2.52.010 Established.

2.52.020 Membership.

2.52.030 Duties – Compliance with state law.

2.52.040 Permanent appointment – Requirements.

2.52.010 Established.

Pursuant to the authority conferred by Chapter 41.12 RCW, there is created a civil service commission to substantially accomplish the exercise of the powers and the performance of the duties established by state law relative to the selection, appointment and employment in the police department of the city of Sultan, including the city marshal. Said commission shall perform its duties and exercise its powers only in the event that there are more than two persons, including the city marshal, in the police force. (Ord. 541 § 1, 1990)

2.52.020 Membership.

The commission shall be composed of three members who shall be appointed by the mayor of the city and who shall serve without compensation. Such commissioners shall have the qualifications prescribed by RCW 41.12.030. (Ord. 541 § 2, 1990)

2.52.030 Duties – Compliance with state law.

The commission, upon appointment, qualifications and organization, shall hold meetings, adopt rules and regulations, perform duties, and exercise powers in compliance with Chapter 41.12 RCW. (Ord. 541 § 3, 1990)

2.52.040 Permanent appointment – Requirements.

Any full-time permanent employee of the police department of the city of Sultan, who upon the effective date of the ordinance codified in this chapter shall have been employed in a specific position for the immediately preceding six months, in compliance with RCW 41.12.060, shall receive a permanent appointment to said position. Such appointment shall not be subject to any additional probationary period and shall be as equally permanent as any subsequent permanent appointment made under civil service after examination and investigation. (Ord. 541 § 4, 1990)

Chapter 2.54
LEGAL REPRESENTATION

Sections:

2.54.010 Definitions.

2.54.020 Legal representation.

2.54.030 Exclusions.

2.54.040 Determination of exclusion.

2.54.050 Representation and payment of claims – Conditions.

2.54.060 Effect of compliance with conditions.

2.54.070 Failure to comply with conditions.

2.54.080 Reimbursement of incurred expenses.

2.54.090 Conflict with provisions of insurance policies.

2.54.100 Pending claims.

2.54.010 Definitions.

Unless the context indicates otherwise, the words and phrases used in this chapter shall have the following meanings:

A. “Employee” means any person who is or has been employed by the city of Sultan (the “city”).

B. “Official” means any person who is serving or has served as an elected city official and any person who is serving or has served as an appointed member of any city board, commission, or committee. (Ord. 642, 1996)

2.54.020 Legal representation.

A. As a condition of service or employment with the city of Sultan, the city shall provide to an official or employee, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official or employee may have concluded service or employment with the city, such legal representations as may be reasonably necessary to defend a new claim or lawsuit filed against such official or employee resulting from any conduct, act, or omission of such official or employee performed or omitted on behalf of the city in the capacity as a city official or employee, which act or omission is within the scope of service or employment with the city.

B. Except as may be provided in any applicable policy of municipal insurance, such legal representation shall be provided by the city attorney or by an attorney designated by the city attorney. (Ord. 642, 1996)

2.54.030 Exclusions.

A. The obligations assumed under this chapter by the city and the city attorney shall not apply to:

1. Any dishonest, fraudulent, criminal, or malicious act of an official or employee;

2. Any act of an official or employee which is not performed on behalf of the city;

3. Any act which is outside the scope of service or employment with the city;

4. Any lawsuit brought by or on behalf of the city against such official or employee; or

5. Any lawsuits which, but for the action of such official or employee which breaches the provisions thereof, would have been insurable under a policy of insurance of the city.

B. The provisions of this chapter shall have no force or effect with respect to any accident, occurrence, or circumstance for which the city or the official or employee is insured against loss or damages under the terms of any valid insurance policy. (Ord. 642, 1996)

2.54.040 Determination of exclusion.

The determination of whether an official or employee is entitled to defense by the city under the terms of this chapter shall be made by the city attorney. There shall be no appeal from such determination except to the superior court by means of an action for declaratory judgment. (Ord. 642, 1996)

2.54.050 Representation and payment of claims – Conditions.

The provisions of this chapter shall be applicable, provided that the following conditions are met:

A. In the event of any incident or cause of conduct potentially giving rise to a claim for damage or the commencement of a suit, the official or employee involved shall, as soon as practicable, give the city attorney written notice thereof, identifying the official or employee involved, all information known to the official or employee with respect to the date, time, place, and circumstances surrounding the incident or conduct giving rise to the claim or law suite, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses.

B. Upon receipt thereof, the official or employee shall forthwith deliver any claim, demand, notice or summons or other process relating to any such incident or conduct to the city attorney, and shall cooperate with the city attorney or any attorney designated by the city attorney, and upon request, assist in making settlements of any suits enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the city because of any damage or claim of loss arising from the incident or course of conduct.

C. Such official or employee shall attend interviews, depositions, hearings, and trials and shall assist in securing and giving evidence and obtaining attendance of witnesses.

D. Such official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense, other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss, or damage. (Ord. 642, 1996)

2.54.060 Effect of compliance with conditions.

If legal representation or an official or employee is undertaken by the city attorney, all of the conditions of representation are met, and a judgment is entered against the official or employee, or a settlement made, the city shall pay such judgment or settlement; provided that the city may, in its sole discretion, appeal as necessary such judgment. (Ord. 642, 1996)

2.54.070 Failure to comply with conditions.

In the event that any official or employee fails or refuses to comply with any of the conditions of SMC 2.54.050, or elects to provide his or her own representation with respect to any such claim or litigation, then all of the provisions of the chapter shall be inapplicable, and have no force or effect with respect to any such claim or litigation unless otherwise agreed in writing between the city and such official or employee. (Ord. 642, 1996)

2.54.080 Reimbursement of incurred expenses.

A. If the city attorney determines that an official or employee does not come with the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, then the city shall pay any judgment rendered against the official or employee and reasonable attorney’s fees incurred in defending against the claim. The city shall pay any attorney’s fees incurred in obtaining the determination that such claim is not covered by the provisions of this chapter.

B. If the city attorney determines that a claim against a city official or employee does come within the provisions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, then the city shall be reimbursed for costs or expenses incurred in obtaining the determination that such claim is not covered by the provisions of this chapter. (Ord. 642, 1996)

2.54.090 Conflict with provisions of insurance policies.

Nothing contained in this chapter shall be construed to modify or amend any provision of any policy of insurance where any city official or employee thereof is the named insured.

In the event of any conflict between this chapter and the provisions of any such policy of insurance, the policy provisions shall be controlling; provided, however, that nothing contained in this section shall be deemed to limit or restrict any employee’s or official’s right to full coverage pursuant to this chapter, it being the intent of this chapter and section to provide complete coverage outside and beyond insurance policies which may not be in effect, while not compromising the terms and conditions of such policies by any conflicting provisions contained within this chapter. (Ord. 642, 1996)

2.54.100 Pending claims.

The provisions of this chapter shall apply to any pending claim or lawsuit against an official or employee, or any such claim or lawsuit hereafter filed, irrespective of the date of the events or circumstances which are the basis of such claim or lawsuit. (Ord. 642, 1996)