Title 2
ADMINISTRATION AND PERSONNEL

Chapters:

2.03 Oath and Bond Requirements

2.06 Salaries for City Councilmembers

2.09 City Manager

2.12 Planning Commission

2.15 Repealed

2.18 Legal Actions Against City Officials and Employees

2.21 Disclosure of Public Records

2.23 Parks and Recreation Commission

2.24 Tree Board

2.25 Emergency Preparedness Commission

2.27 Hearing Examiner

2.30 Appeal Procedures

2.31 Amendment of Administrative Rules

2.33 Power of Initiative and Referendum

2.36 Code of Ethics

2.37 Rules of Procedure

2.39 Employees’ Retirement System

2.42 Municipal Court

2.45 Annexation to King County Library District

2.48 Credit Card Regulations for City Officials and Employees

Chapter 2.03
OATH AND BOND REQUIREMENTS

Sections:

2.03.010 Oath required.

2.03.020 Bond required.

2.03.010 Oath required.

Any City officer, before entering upon the performance of the duties of office, shall be required to take an oath or affirmation for the faithful performance of his or her duties. The oath or affirmation shall be filed with the King County Department of Records and Elections. (Ord. 15 § 1, 1993)

2.03.020 Bond required.

Prior to entering upon the performance of duties, the City Manager, the City Clerk and the City Treasurer shall be required to furnish an official bond, to be renewed annually, conditioned on the honest and faithful performance of their official duties.

The premium on the bond(s) shall be paid by the City. The amount of the bond(s) shall be:

(1) City Manager – $50,000;

(2) City Treasurer – $50,000;

(3) City Clerk – $10,000. (Ord. 15 § 2, 1993)

Chapter 2.06
SALARIES FOR CITY COUNCILMEMBERS

Sections:

2.06.010 Council salaries.

2.06.020 Councilmember waiver and election not to receive compensation.

2.06.010 Council salaries.

The salaries to be paid to Woodinville City Councilmembers shall be $400.00 per month plus an additional $100.00 per month for serving as Mayor until January 1, 2000, at which time the salaries shall be increased to $600.00 per month with an additional $100.00 for serving as Mayor. (Ord. 192 § 1, 1997; Ord. 62 § 1, 1993)

2.06.020 Councilmember waiver and election not to receive compensation.

A Councilmember may voluntarily waive and elect not to be paid all or any portion of the salaries set forth in WMC 2.06.010 during their term of office. Notice of waiver and election must be:

(1) In writing and delivered to the Finance Director prior to the effective date;

(2) Signed by the Councilmember and their spouse, if married, as required by RCW 49.48.100. Signature(s) shall be before a notary public.

The waiver shall be effective for all salary earned following the effective date and continue in effect until withdrawn by a writing signed by the Councilmember or their spouse delivered to the Finance Director. Councilmembers’ salaries that are declined or waived shall be used for the human services grant program. (Ord. 458 § 1, 2008)

Chapter 2.09
CITY MANAGER

Sections:

2.09.010 Office of City Manager established – Appointment.

2.09.020 Duties of City Manager.

2.09.030 City organization.

2.09.010 Office of City Manager established – Appointment.

Pursuant to RCW 35A.13.010 and 35A.13.090 there is hereby established for the City of Woodinville, the office of City Manager. Such office shall be appointive and all appointments to such office shall be made by the City Council. (Ord. 23 § 1, 1993)

2.09.020 Duties of City Manager.

The City Manager shall be the Chief Executive Officer and head of the administrative branch of the City. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall have all of the powers and shall perform each and all of the duties specified by Chapter 35A.13 RCW, together with any other duties or authority which may be conferred upon such office by the City Council or by the laws of the State of Washington or the laws of the City as they now exist or may hereafter be amended. (Ord. 23 § 2, 1993)

2.09.030 City organization.

The City Manager is authorized to create, eliminate, consolidate and modify such departments, offices and employment as from time to time he or she may find necessary or advisable for the efficient operations of the City and may determine the powers and duties of each department or office. The City Manager may delegate to such officer any duties required or authorized to be performed by the City Manager. (Ord. 23 § 3, 1993)

Chapter 2.12
PLANNING COMMISSION

Sections:

2.12.010 Planning Commission created.

2.12.020 Membership.

2.12.030 Meetings.

2.12.040 Duties and responsibilities.

2.12.010 Planning Commission created.

There is hereby created a Planning Commission consisting of seven members to provide guidance and direction to the City Council on Woodinville’s future growth through continued review and improvement to the City’s Comprehensive Plan and related land use documents. (Ord. 55 § 1, 1993)

2.12.020 Membership.

(1) The Planning Commission shall consist of seven members, each of whom shall be appointed for a term of four years. When two consecutive full terms have been served, members may be eligible to serve two four-year consecutive terms, if reappointed. There must be a one-year interval in service before reappointment can be made to the Planning Commission. Terms shall expire on July 1st.

(2) Appointment. Members of the Planning Commission shall be appointed by the City Council. Members of the Planning Commission must reside within the City limits. Planning Commission members shall be selected without respect to political affiliation and shall serve without compensation.

(3) Removal. Members of the Planning Commission may be removed by a majority vote of the entire City Council for neglect of duty, conflict of interest, malfeasance in office or other just cause, or for unexcused absence for more than three consecutive regular meetings. The decision of the City Council shall be final and there shall be no appeal therefrom.

(4) Vacancies. Vacancies occurring other than through the expiration of term shall be filled for the unexpired term in the same manner as for appointments as provided in this chapter. (Ord. 320 § 1, 2002; Ord. 184 § 1, 1997; Ord. 85 § 1, 1994; Ord. 55 § 2, 1993)

2.12.030 Meetings.

(1) The Planning Commission shall elect from among its members a chair who shall preside at all meetings and a vice chair who shall preside in the absence of the chair. A majority of the Planning Commission members shall constitute a quorum for the transaction of business and a majority vote of those present shall be necessary to carry any motion.

(2) The Planning Commission shall adopt such rules and regulations as are necessary for the conduct of its business. (Ord. 55 § 3, 1993)

2.12.040 Duties and responsibilities.

The Planning Commission shall be an advisory body to the City Council responsible for providing guidance and direction for Woodinville’s future growth. Duties of the Planning Commission shall include:

(1) Review and recommendations relating to the City of Woodinville’s comprehensive land use plan.

(2) Review and recommend approval of changes to the official zoning map and the zoning code.

(3) Such other and further duties as assigned by the City Council. (Ord. 55 § 4, 1993)

Chapter 2.15
EMERGENCY SERVICES

(Repealed by Ord. 248)

Chapter 2.18
LEGAL ACTIONS BROUGHT AGAINST CITY OFFICIALS AND EMPLOYEES

Sections:

2.18.010 Definitions.

2.18.020 Legal representation.

2.18.030 Exclusions.

2.18.040 Determination of exclusion.

2.18.050 Representation and payment of claims – Conditions.

2.18.060 Effect of compliance with conditions.

2.18.070 Failure to comply with conditions.

2.18.080 Reimbursement of incurred expenses.

2.18.090 Conflict with provisions of insurance policies.

2.18.100 Pending claims.

2.18.010 Definitions.

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

(1) “Official” means any person who is serving or has served as an elected or appointed City official or officer, and any person who is serving or has served as an appointed member of any City board, commission, committee or other appointed position with the City. The term appointed as used herein shall mean a person formally appointed by the City Council or authorized by State law or City law.

(2) “Employee” means any person who is or has been employed by the City. (Ord. 6 § 1, 1993)

2.18.020 Legal representation.

(1) As a condition of service or employment 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 representation as may be reasonably necessary to defend a 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 their capacity as a City official or employee, which act or omission is within the scope of their service or employment with the City.

This chapter is subject to repeal or modification at the sole discretion of the City Council; provided, that such repeal or modification shall apply prospectively only, and shall have no effect upon the obligation to indemnify and/or defend against any claim which is based, in whole or in part, upon any act or omission of an official occurring prior to the effective date of the repeal or modification.

(2) The legal services shall be provided by the office of the City Attorney unless:

(a) Any provision of an applicable policy of insurance provides otherwise; or

(b) A conflict of interest or ethical bar exists with respect to said representation.

(3) In the event that outside counsel is retained under subsection (2)(a) above, the City shall indemnify the employee from the reasonable costs of defense; provided, that in no event shall the officer or employee be indemnified for attorney’s fees in excess of the hourly rates established by the City’s contract with the attorney selected by the City. The officer or employee shall be liable for all hourly charges in excess of said rate. (Ord. 6 § 2, 1993)

2.18.030 Exclusions.

(1) In no event shall protection be offered under this chapter by the City to:

(a) Any dishonest, fraudulent, criminal, willful, intentional or malicious act or course of conduct of an official or employee;

(b) Any act or course of conduct of an official or employee which is not performed on behalf of the City;

(c) Any act or course of conduct which is outside the scope of an official’s or employee’s service or employment with the City; and/or

(d) Any lawsuit brought against an official or employee by or on behalf of the City.

(2) Nothing herein shall be construed to waive or impair the right of the City Council to institute suit or counterclaim against any official or employee nor to limit its ability to discipline or terminate an employee.

(3) 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; provided, that this chapter shall provide protection, subject to its terms and limitations, above any loss limit of such policy. The provisions of this chapter are intended to be secondary to any contract or policy of insurance owned or applicable to any official or employee. The City shall have the right to require an employee to utilize any such policy protection prior to requesting the protection afforded by this chapter. (Ord. 6 § 3, 1993)

2.18.040 Determination of exclusion.

The determination of whether an official or employee shall be afforded a defense by the City under the terms of this chapter shall be made by the City Council on the recommendation of the City Manager.

The decision of the City Council shall be final as a legislative determination and shall be based upon a finding that the claim or suit against an official or employee meets or does not meet the criteria of this chapter. Nothing herein shall preclude the City from undertaking an officer’s or employee’s defense under a reservation of rights. The determination as to whether to furnish a defense as provided under this chapter to a member or members of the City Council shall be made without the vote of such member or members of the City Council unless the inclusion of such member or members is required for a quorum; provided, that if a claim or lawsuit affects a quorum or greater number of the members of the City Council, all such affected members shall retain their voting privileges under this section. (Ord. 6 § 4, 1993)

2.18.050 Representation and payment of claims – Conditions.

The provisions of this chapter shall apply only when the following conditions are met:

(1) In the event of any incident or course 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 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 lawsuit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses.

(2) 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 an attorney designated by the City, and, upon request, assist in making settlement of any suit and 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 said incident or course of conduct, including, but not limited to, rights of recovery for costs and attorneys’ fees arising out of State or Federal statute upon a determination that the suit brought is frivolous in nature.

(3) Such official or employee shall attend interviews, depositions, hearings and trials and shall assist in securing and giving evidence and obtaining attendance of witnesses all without any additional compensation to the official or employee and, in the event that an employee has left the employ of the City, no fee or compensation shall be provided; and

(4) Such official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense relating to said claim or suit, 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. 6 § 5, 1993)

2.18.060 Effect of compliance with conditions.

If legal representation of an official or employee is undertaken by the City Attorney, all of the conditions of any 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 not otherwise covered by insurance; provided, that the City may at its discretion appeal as necessary such judgment. (Ord. 6 § 6, 1993)

2.18.070 Failure to comply with conditions.

In the event that any official or employee fails or refuses to comply with any of the conditions of WMC 2.18.040, or elects to provide his/her own representation with respect to any such claim or litigation, then all of the provisions for indemnification in this chapter shall be inapplicable, and have no force or effect with respect to any such claim or litigation. (Ord. 6 § 7, 1993)

2.18.080 Reimbursement of incurred expenses.

(1) If the City determines that an official or employee does not come within 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 costs and reasonable attorney’s fees incurred in obtaining the determination that such claim is covered by the provisions of this chapter; provided, if a court of competent jurisdiction determines that such claim does not come within the provisions of this chapter, then the official or employee shall pay the City’s costs and reasonable attorney’s fees incurred in obtaining the determination that such claim is not covered under the provisions of this chapter.

(2) If the City 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. 6 § 8, 1993)

2.18.090 Conflict with provisions of insurance policies.

The indemnification provisions of this chapter do not constitute a policy of insurance, and nothing contained in this chapter shall be construed to modify or amend any provisions 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 the coverage detailed in this chapter only outside and beyond insurance policies which may be in effect, while not compromising the terms and conditions of such policies by any conflicting provision contained in this chapter. (Ord. 6 § 9, 1993)

2.18.100 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 thereafter filed, without regard to the date of the events or circumstances which are the basis of such claim or lawsuit. (Ord. 6 § 10, 1993)

Chapter 2.21
DISCLOSURE OF PUBLIC RECORDS

Sections:

2.21.010 Relationship to Public Records Act.

2.21.020 Public Records Officer.

2.21.030 Maintenance of records.

2.21.040 Index of public records – Findings.

2.21.050 Index of public records – Order.

2.21.060 Disclosure of public records.

2.21.070 Procedure for inspection or copying.

2.21.080 Processing public records requests – Review of decision.

2.21.090 Exemptions.

2.21.100 Reimbursement for copying costs.

2.21.110 Model Rules and administrative procedures.

2.21.010 Relationship to Public Records Act.

This chapter constitutes the City’s rules and regulations to carry out and implement the Public Records Act, Chapter 42.56 RCW. (Ord. 442 § 1, 2007)

2.21.020 Public Records Officer.

The City Clerk shall serve as the City’s Public Records Officer. Contact information for the City Clerk will be made available to the public in a manner reasonably calculated to provide notice of to whom members of the public may direct requests, such as posting such contact information at City Hall or on the City’s Internet website. (Ord. 442 § 1, 2007)

2.21.030 Maintenance of records.

All substantive and procedural rules of general applicability, including but not limited to ordinances and resolutions of the City Council, minutes of the regular meetings of the City Council, and statements of general policy, and all public contracts, deeds, easements and leases shall be indexed and maintained by the City Clerk. (Ord. 442 § 1, 2007)

2.21.040 Index of public records – Findings.

(1) The Public Records Act requires all cities and public agencies to maintain and make available a current index of all public records.

(2) RCW 42.56.070(4) provides that an agency need not maintain such an index if to do so would be unduly burdensome, but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome or would interfere with agency operations.

(3) The City is comprised of numerous departments, their divisions and subdivisions, many if not all of which maintain separate databases and/or systems for the indexing of records and information.

(4) Because the City has records which are diverse, complex and stored in multiple locations and in multiple computer systems, formats and/or databases, it is unduly burdensome, if not physically impossible, to maintain a current index of all records. (Ord. 442 § 1, 2007)

2.21.050 Index of public records – Order.

Based upon the findings set forth in WMC 2.21.040, and pursuant to RCW 42.56.070(4), the City Council orders the following:

(1) The City is not required to maintain an all-inclusive index of public records due to the undue burden and near-impossibility of maintaining such an index.

(2) The City will make available for inspection and/or copying all public records, including any indexes that are maintained by the City as set forth in WMC 2.21.030, except to the extent that such records are exempt from public disclosure. (Ord. 442 § 1, 2007)

2.21.060 Disclosure of public records.

Unless exempt from disclosure under this chapter or other law, public records shall be available for inspection and copying in accordance with this chapter. (Ord. 442 § 1, 2007)

2.21.070 Procedure for inspection or copying.

(1) All persons desiring to inspect or obtain a copy of any public record must make their request in writing to the City Clerk. The City Clerk shall create and avail for public use a standard form by which a requester may specify particular public records and provide the requester’s relevant contact information. Reasonable assistance as may be necessary to help a requestor locate particular records shall be provided either by the City Clerk or by the City department maintaining the records; provided, that the provision of such assistance shall not unreasonably disrupt the normal operations of the City Clerk, the department, or the assisting employee.

(2) Except to the extent required or authorized by law, the City Clerk or other City employee shall not distinguish among persons requesting records. Persons requesting records shall not be required to provide information as to the purpose for the request, except to establish whether the inspection or copying would violate Chapter 42.56 RCW or other statute or ordinance that exempts or prohibits disclosure of specific information or records to certain persons. (Ord. 442 § 1, 2007)

2.21.080 Processing public records requests – Review of decision.

(1) Responses to requests for public records shall be made promptly pursuant to Chapter 42.56 RCW. Within five business days of the date of receipt by the City of a written request for a record, the City Clerk shall:

(a) Provide the record; or

(b) Acknowledge that the City has received the request and (i) provide a reasonable estimate of the time the City will require to respond to the request, or (ii) request clarification; or

(c) Deny the public record request in whole or in part.

(2) Public records may be made available on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for public inspection or copying. Additional time to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt. If a public records request is unclear, the City Clerk may ask the requestor to clarify what information the requestor is requesting. If the requestor fails to clarify the request, the City need not further respond to or process the request.

(3) If the City Clerk determines that the document is exempt in part but can be made available after deletion of exempt portions, the request shall be granted; provided, that such exempt portions shall first be deleted. If the City Clerk determines to deny the request, in whole or in part, a written statement of the specific reasons for the denial shall be provided to the requestor; provided, that nothing herein shall be construed as requiring the City to disclose portions of a requested document if the entire document is exempt from disclosure.

(4) In the event the City Clerk denies inspection of all or any part of a request, the City Clerk may seek review by the City Attorney. The City Clerk will notify the requestor by mail of the decision to grant or deny the request. (Ord. 442 § 1, 2007)

2.21.090 Exemptions.

The City adopts by reference the exemptions from public disclosure contained in Chapter 42.56 RCW, including any future amendments thereto or recodification thereof, along with any other exemption or exception to the Public Records Act provided by law, including but not limited to those exemptions set forth in Appendix C to “Public Records Act for Washington Cities and Counties,” Municipal Research and Services Center, Report No. 61, July 2006, a copy of which shall be maintained in the office of the City Clerk. (Ord. 442 § 1, 2007)

2.21.100 Reimbursement for copying costs.

(1) No fee shall be charged for the inspection of public records. Any person who requests a copy of any public record from the City Clerk shall pay to the City Clerk or designee a copying charge. The copying charges for public records, including but not limited to photocopies, maps, photographs including slides, audio tape recordings, video tape recordings and diskettes shall be established by City Council resolution.

(2) The City may charge all costs directly incident to shipping such public records, including but not limited to the cost of postage or delivery charges and the cost of any container or envelope pursuant to RCW 42.56.070(7).

(3) The City may, at its discretion, require the requestor to deposit a sum in an amount not to exceed 10 percent of the estimated cost of providing copies for a request. If the records are made available on a partial or installment basis, the City may charge for each part of the request as it is provided. If an installment of a records request is not paid for or reviewed within 20 days after the City provides notice of availability of the installment, the City is not obligated to fulfill the balance of the request.

(4) Where the request is for a certified copy, there shall be an additional charge in the amount established by City Council resolution to cover the additional expense and time required for certification. (Ord. 442 § 1, 2007)

2.21.110 Model Rules and administrative procedures.

The City may, in its discretion, follow the Public Records Act Model Rules on file at the City Clerk’s office. The City Manager, upon recommendation of the City Clerk, may issue additional administrative procedures for the implementation of this chapter. (Ord. 442 § 1, 2007)

Chapter 2.23
PARKS AND RECREATION COMMISSION

Sections:

2.23.010 Created.

2.23.020 Membership.

2.23.030 Meetings.

2.23.040 Duties and responsibilities.

2.23.010 Created.

There is hereby created a Parks and Recreation Commission, consisting of seven members, to provide guidance and direction in meeting the parks and recreational needs of the City by advising the City Council and staff on matters relating to planning, acquisition, development and operation of park facilities and recreational programs within the City. (Ord. 169 § 1, 1996; Ord. 87 § 1, 1996)

2.23.020 Membership.

(1) The Parks and Recreation Commission shall consist of seven members, each of whom shall be appointed for a term of three years. When two consecutive full terms have been served, members may be eligible to serve two three-year consecutive terms, if reappointed. There must be a one-year interval in service before reappointments can be made to the Parks and Recreation Commission. Terms shall expire on December 31st.

(2) Appointment. Members of the Parks and Recreation Commission shall be appointed by the Mayor, subject to confirmation by the City Council. Members of the Parks and Recreation Commission must reside within the City limits of the City of Woodinville. Parks and Recreation Commission members shall be selected without respect to political affiliation and shall serve without compensation.

(3) Ex Officio Appointment. With the consent of the majority of the Parks and Recreation Commission, the chairperson may appoint up to two nonvoting members to the Commission with expertise in an area where the Commission is working. Ex officio members of the Parks and Recreation Commission need not be residents of the City of Woodinville. The duration of such appointments will be established by the Commission at the time the appointments are made.

(4) Removal. Members of the Parks and Recreation Commission may be removed by a majority vote of the entire City Council for neglect of duty, conflict of interest, malfeasance in office or other just cause, or for unexcused absence for more than three consecutive regular meetings. The decision of the City Council shall be final and there shall be no appeal therefrom.

(5) Vacancies. Vacancies, occurring other than through the expiration of term, shall be filled for the unexpired term in the same manner as for appointments as provided in this chapter. (Ord. 319 § 1, 2002; Ord. 169 § 2, 1996; Ord. 87 § 2, 1996)

2.23.030 Meetings.

(1) The Parks and Recreation Commission shall elect from among its members a chairperson, who shall preside at all meetings, a vice chairperson, who shall preside in the absence of the chairperson, and a secretary, who shall be responsible for maintaining the official minutes and other records of the Parks and Recreation Commission. The chairperson, vice chairperson and secretary shall be elected annually. A majority of the Parks and Recreation Commission members shall constitute a quorum for the transaction of business and a majority vote of those present shall be necessary to carry any motion.

(2) The Parks and Recreation Commission shall adopt such rules and regulations as are necessary for the conduct of its business.

(3) The Parks and Recreation Commission shall provide for a regular meeting schedule, including time, place and frequency of meetings as necessary, but no less frequent than once a month. The Commission may, from time to time, provide for special meetings in accordance with Chapter 42.30 RCW. All meetings shall be open to the public, in accordance with Chapter 42.30 RCW, the Open Public Meetings Act.

(4) The parks and recreation staff shall be advisory to the Board. (Ord. 87 § 3, 1996)

2.23.040 Duties and responsibilities.

The Parks and Recreation Commission shall be an advisory board to the City Council, responsible for providing guidance and direction concerning the following matters:

(1) Comprehensive park planning;

(2) The acquisition of land and/or other facilities for parks and recreational facilities;

(3) Development, design and operation of parks and recreation programming and facilities;

(4) Facility use fees and procedures;

(5) Park, play field and facility design;

(6) Capital improvement planning;

(7) Concessions;

(8) Contracts, interlocal agreements, and lease agreements regarding parks and recreation activities;

(9) A recommended annual budget for the acquisition, development, and operation of parks and recreation facilities and programs;

(10) All matters as may, from time to time, be referred to the Parks and Recreation Commission by the City Council, or the City Manager. (Ord. 87 § 4, 1996)

Chapter 2.24
TREE BOARD*

Sections:

2.24.005 Purpose.

2.24.010 Definitions.

2.24.015 Applicability.

2.24.020 Creation and establishment of a City Tree Board.

2.24.030 Term of office.

2.24.040 Compensation.

2.24.050 Duties and responsibilities.

2.24.060 Operation.

2.24.065 Technical advisors to the Tree Board.

2.24.068 Review by City Council.

2.24.070 Street tree species to be planted.

2.24.075 Tree care standards manual.

2.24.080 Public tree care.

2.24.085 Emergency tree removal and maintenance.

2.24.090 Tree planting.

2.24.100 Rights-of-way street tree spacing and location requirements.

2.24.110 Measure methods.

2.24.120 Tree pruning and maintenance.

2.24.130 Tree topping.

2.24.140 Tree removal.

2.24.150 Removal of stumps.

2.24.160 Tree protection.

2.24.170 Arborist’s certification and bond.

2.24.180 Penalty.

2.24.190 Variance and appeal process.

*Prior legislation: Ords. 103, 140, 207.

2.24.005 Purpose.

The purpose of these regulations is to encourage responsible management of public tree resources within the City of Woodinville in a manner consistent with the goals and policies of the Comprehensive Plan; community urban forestry plan; parks, recreation, and open space plan; and public infrastructure standards and specifications. Because trees growing on public property provide benefits to the greater public at large, they are deserving of a high standard of protection. Proper protection, planting, and maintenance are required to promote tree health and aesthetics, foster species diversity, and to preserve the public tree canopy. Therefore, the purposes of this chapter are to:

(1) Establish a Tree Board to promote the community urban forest;

(2) Encourage the planting of new trees and the maintenance in public areas of existing trees for all the benefits they provide the community;

(3) Maintain public trees in a healthy and nonhazardous conditions through best aboricultural practices;

(4) Manage trees and vegetation on public property in a manner that represents the best interests of the public;

(5) Encourage a diversity of appropriate species of trees; and

(6) Establish central responsibility for the community urban forest. (Ord. 238 § 1, 1999)

2.24.010 Definitions.

(1) “Certified arborist” shall mean someone who has passed the International Society of Arboriculture’s extensive certification exam covering all aspects of tree care in addition to the education and experience required to receive the certification.

(2) “City” shall mean the City of Woodinville.

(3) “City Tree Official” shall mean the Planning and Community Development Director or his/her designees responsible for the implementing the community urban forestry plan and regulations. The City Tree Official shall use the expertise of a certified arborist, under contract by the City, for technical advice on decisions related to the community urban forest.

(4) “Climbing spurs” shall mean sharp, pointed devices affixed to the climber’s legs used to assist in climbing trees (also known as gaffs, hooks, spurs, spikes, and climbers).

(5) “Community urban forest” shall mean the aggregate of public and private trees and plants in the City.

(6) “Community urban forestry plan” shall mean a plan adopted as part of the Comprehensive Plan establishing the goals, policies, and implementation strategies for developing and maintaining the community urban forest within the City of Woodinville.

(7) “Community urban forestry standards” shall mean a set of standards and specifications that includes, at a minimum, provisions for the care, preservation, pruning, planting, replanting, or removal of trees and shrubs in the parks, along public streets and in other public areas of the City, together with development standards for private development projects which require City approval.

(8) “Crown reduction pruning” shall mean the reduction of the top, sides, or individual limbs by the means of removal of the leader or longest portion of a limb to a lateral no less than one-third of the total diameter of the original limb and removing no more than one-quarter of the leaf surface.

(9) “Danger tree” (as defined in WMC 21.06.139) shall mean any tree with a combination of structural defect and/or disease that makes it subject to a high probability of failure, according to the current International Society of Arboriculture’s Tree Hazard Evaluation Standards for Hazard Tree Rating, and a proximity to persons or property that is immediately threatening.

(10) “Heritage tree” shall mean a tree or stand of trees that is particularly desirable because it has valued, unique characteristics that set them apart from other similar trees. Valued, unique characteristics include uncommon genus, species, form, size, location, historic significance or other desirable feature(s).

(11) “Public trees and plants” shall mean trees growing on property owned in fee-simple by the City of Woodinville or in public easements such as park trees and plants and street trees and plants.

(12) “Tree and/or plant industry professional” shall mean an individual who has professional experience in the tree and/or plant industry including, but not limited to, arboriculture, landscaping, horticulture, urban forestry or other similar industries. (Ord. 238 § 1, 1999)

2.24.015 Applicability.

The provisions of this chapter shall apply to the planting, maintenance, removal, preservation, and protection of all public trees and plants as defined in this chapter. Planting of trees and plants shall be considered in all City construction and land use projects.

(1) The City Tree Official shall have responsibility for implementing the goals and policies of the community urban forestry plan. All City construction and/or land use projects shall be reviewed and approved for planting, removal, preservation, and protection of public trees and plants by the City Tree Official in conjunction with an certified arborist or other qualified professional. The City Tree Official shall participate in the development of maintenance programs for public trees and plants.

(2) Trees and plants on lands managed by the City of Woodinville Parks and Recreation Department. Tree removal, maintenance and/or planting in these areas shall also be subject to review and approval by the Parks and Recreation Director.

(3) Trees and plants on lands managed by the City of Woodinville, for storm water management and street purposes. Tree removal, maintenance and/or planting in these areas shall also be subject to review and approval by the Public Works Director.

(4) Trees and plants within critical areas as defined in Chapter 21.24 WMC. Tree and plant removal in these areas will be subject to review and approval of Planning Director. (Ord. 238 § 1, 1999)

2.24.020 Creation and establishment of a City Tree Board.

There is hereby created and established a City Tree Board for the City of Woodinville, Washington. The Tree Board shall be made up of five members as follows:

(1) The Board shall be comprised of residents, employees, and business owners of the City and the Woodinville community located in the Tree Board eligibility area as depicted on Figure 1-1. The Tree Board eligibility area is generally described as the City of Woodinville and a portion of the City of Woodinville planning area limited to the Woodinville community of unincorporated King County east of the City’s westerly boundary to Avondale Road and north of NE 124th Street, and all potential annexation area shown in the Comprehensive Plan;

(2) There shall be at least one business owner and three residents on the Board;

(3) At least two members of the Board must be tree and/or plant industry professionals;

(4) No more than two residents or business owners outside the City limits may serve on the Board at any given time;

(5) Priority shall be given to City residents for appointment consideration;

(6) One of the nonresident members may be an employee who works within the Woodinville community in the tree and/or plant industry.

The members of the Board shall be appointed by the Mayor with the approval of the City Council. Nonresidents appointed after the effective date of the ordinance codified in this chapter shall serve as ex officio members of the Tree Board, except those nonresidents living in areas with pre-annexation agreements with the City of Woodinville enacted by the City Council shall have full voting rights on the Tree Board; and provided, that members appointed before April 1, 2005, may serve as voting members for the duration of their eligibility, subject to reappointment by the Mayor and approval of the City Council. (Ord. 384 § 1, 2005; Ord. 254 § 1, 2000; Ord. 238 § 1, 1999)

2.24.030 Term of office.

The term of the persons to be appointed by the Mayor shall be three years. Each member may be eligible to serve three three-year consecutive terms, if reappointed. When three consecutive full terms have been served, there must be a one-year interval in service before reappointments can be made to the Tree Board by the Mayor. In the event that a vacancy occurs during the terms of any member, his/her successor shall be appointed to serve for the unexpired portion of the term. (Ord. 384 § 3, 2005; Ord. 318 § 1, 2002; Ord. 238 § 1, 1999)

2.24.040 Compensation.

Members of the Board shall serve without compensation but with the appreciation of the City Council. (Ord. 238 § 1, 1999)

Figure 1-1

2.24.050 Duties and responsibilities.

(1) It shall be the responsibility of the Board as directed by the City Council to study, investigate, develop, advise, recommend, and update, at least every three years, a written plan and standards to include, at a minimum, provisions for the care, preservation, pruning, planting, replanting, or removal of trees and shrubs in the parks, along streets and in other public areas, which plan is herein referred to as the community urban forestry plan and the community urban forestry standards. The community urban forestry plan will be presented to the City Council and upon its acceptance and approval shall be adopted as a part of the Comprehensive Plan and development regulations of the City, and shall constitute the official Comprehensive Community Urban Forestry Plan for the City of Woodinville, Washington. The Community Urban Forestry Standards will be presented to the City Council and upon their acceptance and approval shall become a part of the appropriate parts of the City of Woodinville development codes in accordance with subsections (5) and (6) of this section.

(2) Subsequent to City Council approval of the Community Urban Forestry Plan, the Board will be responsible for reviewing and developing educational materials to be distributed to developers and citizens to assist in the implementation of the Community Urban Forestry Plan.

(3) The Community Urban Forestry Plan shall establish the goals, policies, implementing strategies, and monitoring program for developing and maintaining the Community Urban Forestry Plan within the City of Woodinville.

(4) The Community Urban Forestry Standards shall, at a minimum, include a set of specifications for the selection of species, preparation, planting, care, and maintenance of trees to be planted in the public places of the City. Additionally, the Community Urban Forestry Standards shall include:

(a) A list of official tree species for appropriate locations in Woodinville.

(b) Planting and spacing requirements of street trees and plants on public property.

(c) Protection and restoration of areas identified in the critical areas ordinance, with prioritized recommendations for critical areas or projects most needed for replanting submitted for the annual capital improvement planning process.

(d) Regulations or recommendations for property acquisitions which preserve scenic corridors, neighborhood buffers or urban separators.

(e) At least every five years, an assessment of tree canopy for each of the neighborhoods identified in the Parks, Recreation and Open Space Plan, describing the health of forests, net loss of overall vegetative coverage or significant loss of mature trees, and other issues related to tree coverage as may be appropriate.

(5) Following its adoption by the City Council, the appropriate sections of the Community Urban Forestry Standards shall be included within and shall become a part of the City of Woodinville public infrastructure standards and specifications.

(6) The appropriate sections of the adopted Community Urban Forestry Standards shall be included within and shall become a part of the City of Woodinville Municipal Code to be applied by the Planning Commission and Hearing Examiner to all new development, and enforced by the Planning Director.

(7) The Board, when requested by the City Council, Planning Commission or Parks and Recreation Commission, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.

(8) The Board shall be responsible for receiving and reviewing applications or nominations, and recommending City Council recognition of trees to be designated in the adopted heritage tree program of the City.

(9) The Board may coordinate an Arbor Day celebration each year.

(10) The Board shall participate in the joint City Council, Boards and Commissions meetings as scheduled by the City Council. (Ord. 384 § 4, 2005; Ord. 238 § 1, 1999)

2.24.060 Operation.

The Board shall choose its own officers and establish their own procedural rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. (Ord. 238 § 1, 1999)

2.24.065 Technical advisors to the Tree Board.

The Board may call upon a certified arborist, horticulturist, landscape architect or other similar professional, that is retained by the City, to provide them with technical advice on an as-needed basis. At a minimum, a certified arborist shall be on call to attend regular Tree Board meetings. Each year during the City budgeting process, the Board shall provide to City staff an estimate of anticipated required technical advisory time to be used by the Board for the ensuing year to be approved by the City Council. (Ord. 238 § 1, 1999)

2.24.068 Review by City Council.

The City Council shall have the right to review the conduct, acts and decisions of the City Tree Board. Any person may appeal any decision of the City Tree Board to the City Council who may hear the matter and make a final ruling. (Ord. 238 § 1, 1999)

2.24.070 Street tree species to be planted.

The Tree Board shall be responsible for developing a list of required tree species for Woodinville including members of small, medium, and large tree varieties. No species other than those included in this list may be planted as street trees without written permission of the City Tree Official. (Ord. 238 § 1, 1999)

2.24.075 Tree care standards manual.

A tree care standards manual shall be approved by the Tree Board. The manual shall included, at a minimum, tree planting standards, tree protection standards, and tree removal standards based on tree/plant industry standards and accepted practices. The Board shall review and update the manual as necessary. (Ord. 238 § 1, 1999)

2.24.080 Public tree care.

The City shall have the right to plant, prune, maintain and remove trees and plants within the lines of all streets, alleys, avenues, lanes, squares, public grounds, parks, and easements as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds as determined by the City Tree Official and the appropriate department director. (Ord. 238 § 1, 1999)

2.24.085 Emergency tree removal and maintenance.

(1) In the event of an emergency as determined by the City Tree Official, all City departments shall have the right to remove or perform maintenance on any public trees and plants or trees and plants on City property right-of-way as necessary to provide public safety.

(2) Utilities may perform tree maintenance or removal without prior authorization only when such actions are necessary to protect the safety of the public or maintain or restore utility service. The utility company must provide written notice to the City within 72 hours of the removal. The notice must include an explanation of the emergency and circumstance for the tree removal. (Ord. 238 § 1, 1999)

2.24.090 Tree planting.

The City shall have the right to regulate the species, installation method, and relative condition of trees located in the City rights-of-way and City-owned property and to cause removal and replacement of unsuitable, damaged, or unhealthy trees. The following regulations apply to planting of trees and plants in the City rights-of-way:

(1) Trees and plants shall be considered for preservation and planting in all City construction and/or land use projects pursuant to tree preservation regulations of Chapter 21.16 WMC. An administrative variance may be granted by the City Tree Official if the preservation requirements interfere with the effectiveness of the public project. Planting alternatives on other public property shall be considered as mitigation for tree loss due to a public project.

(2) Tree planting and protection shall be in accordance with the tree care standards manual.

(3) Private parties may plant trees on property owned by the City with written permission. To obtain permission the applicant(s) shall:

(a) Submit a written request to the City a minimum of 30 days prior to planting.

(b) Prepare a tree planting plan identifying the species, size, and location of trees to be planted. The proposed species and locations of trees must be consistent with current and potential future uses of the property as determined by City review pursuant to WMC 2.24.070.

(c) Comply with the current planting standards and City of Woodinville public infrastructure standards and specifications, landscaping plan Section 7, Details 341, 342, and in accordance with the tree care standards manual.

(d) Have underground utilities located and obtain approval from any affected utilities prior to planting.

(4) Any planting of public trees that fails to comply with the standards established in the tree care standards manual, WMC 2.24.075, may be declared a public nuisance and may be abated pursuant to Chapter 1.06 WMC. (Ord. 238 § 1, 1999)

2.24.100 Rights-of-way street tree spacing and location requirements.

The following requirements are to minimize impacts on streets, sidewalks, sewers, overhead utility lines, and pedestrian and vehicular safety. The guidelines are based on the size of the tree at maturity. The City Tree Official may authorize modifications to these guidelines which result in a decrease or increase in the standards. Any request for a modification shall involve a consultation with a certified arborist and approval of the City Tree Official and shall be site and species specific.

Rights-of-Way Street Tree Spacing and Location Requirements
Criteria	Small Trees	Medium Trees	Large Trees
Recommended spacing between trees	20 to 30 feet	Minimum 30 feet	Minimum 45 feet
Planting distance from curb and sidewalk	3 feet	5 feet	7 feet

Rights-of-Way Street Tree Spacing and Location Requirements
Criteria	Small Trees	Medium Trees	Large Trees
Planting distance from street corners and/or intersections	35 feet	35 feet	35 feet
Planting distance from hydrants, utility poles, alleys, driveways	10 feet	10 feet	15 feet
Planting distance behind guardrails	3 feet	3 feet	3 feet
Planting distance from buildings	5 to 10 feet	10+ feet	Don’t plant
Planting distance from sewer lines	10 feet	15 feet	20 feet
Refer to Required Tree Species List for overhead utility line plantings to achieve the 10-foot clearance
Planting distance from other underground utilities	5 feet	10 feet	15 feet

(Ord. 238 § 1, 1999)

2.24.110 Measure methods.

Street tree plantings shall be measured from the point of nearest intersecting curbs or curblines to the nearest point of the tree trunk and parallel to the street. (Ord. 238 § 1, 1999)

2.24.120 Tree pruning and maintenance.

(1) Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of at least eight feet above the surface of the street or sidewalk or clear the sight distance triangle pursuant to WMC 21.12.200. The City Tree Official shall give 30 days’ notice to said owners to remove all dead, diseased or dangerous trees, or broken or decayed limbs are observed which constitute a menace to the safety of the public. If the owner fails to remove the condition constituting a safety hazard, the City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign or otherwise creates a safety hazard.

(2) Private parties may have public trees pruned with written permission from the City Tree Official at the private party’s expense. To obtain permission the applicant(s) shall:

(a) Submit a written request to the City Tree Official a minimum of 30 days prior to pruning;

(b) Identify the trees to be pruned and the specific work to be performed;

(c) Pay for all costs associated with the proposed pruning;

(d) Comply with the pruning standards of the tree care standards manual; and

(e) Provide proof of insurance, bonds, and business or contractor’s license.

(3) The City may prune, spray, or otherwise maintain public trees in order to control infestations of insects or disease or to maintain public safety. Insect and disease abatement shall be in accordance with methods established in the tree care standards manual.

(4) Persons, utilities, or agencies conducting regular maintenance work on trees or shrubs may be granted public tree maintenance permits to cover their work on a yearly basis if all requirements are met according to this section.

(5) The Public Works Director, Parks and Recreation Director, and City Tree Official shall coordinate to develop an annual maintenance program to be included in the budget for City Council approval. The maintenance program shall include coordination with local utilities where possible. (Ord. 238 § 1, 1999)

2.24.130 Tree topping.

It shall be unlawful as a normal practice for any person, firm, or City department to top any street tree, park tree, or other tree on public property or in a public easement. “Topping” is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this chapter at the determination of the City Tree Official. (Ord. 238 § 1, 1999)

2.24.140 Tree removal.

The City may remove any public tree determined to be a hazardous or dangerous tree by the City Tree Official. Tree removal shall comply with methods according to the tree care standards manual and the following regulations:

(1) All tree removal and/or tree pruning works on public property shall be performed by a licensed, bonded, and insured contractor, pursuant to WMC 2.24.170.

(2) No City trees shall be cut down, killed, or removed for any reason without complying with the following public tree removal process:

(a) File an application with the Planning Department;

(b) Secure a permit for tree removal;

(c) Trees shall be replaced to mitigate the loss of the removed tree(s) equal to one tree credit in accordance with the replacement table of WMC 21.16.170(4).

(3) A tree removal permit is required to be obtained prior to the removal of any City tree by a private party. A permit shall be approved only when one or more of the following conditions exist as determined by City staff:

(a) The tree is infected with an epidemic insect or disease for which removal is the recommended practice to prevent transmission to other trees;

(b) The tree poses a public nuisance;

(c) The tree poses a safety hazard that pruning, transplanting, or other treatments cannot correct;

(d) The tree severely interferes with the growth and development of a more desirable tree;

(e) Required infrastructure work or improvements would kill the tree or render it a hazard/danger and no other alternative is feasible;

(f) Removal of the tree is necessary to implement or maintain a vegetation management plan for the area, as approved by the City;

(g) Removal of the tree(s) is necessary to provide the only reasonable access to adjacent private property.

(4) Mitigation is required if a public tree is removed, injured, or otherwise damaged by a private party. The mitigation value shall be calculated by the City or qualified representative using the formula outlined in the most recent edition of the “Guide for Plant Appraisal,” published by the International Society of Arboriculture, or other comparable source authorized by the Planning Director. Current calculated timber, pulpwood, or cordwood values will not be acceptable mitigation values for public trees. The mitigation value shall be paid into the City tree account as established in WMC 21.16.170(3)(d) or the City will require a replacement to be installed in accordance with the regulations and standards set forth for public trees. All or a portion of this mitigation may be met by planting replacement trees on- or off-site as determined by the City.

(5) A vegetation management plan is required when a private party requests the removal of a public tree. The applicant shall develop and implement a vegetation management plan for the property. The applicant shall be required to pay all costs associated with the development and implementation of such plan.

(a) The plan shall ensure:

(i) Protection of slopes and soil stability on the property in accordance with applicable codes and standards;

(ii) Protection of critical areas as defined in Chapter 21.24 WMC, Environmentally Sensitive Areas;

(iii) Protection of heritage trees or trees identified as significant;

(iv) City maintenance costs for the property are maintained at or below the current levels; and

(v) Compliance with all applicable federal, state, and local regulations.

(b) The plan should consider:

(i) Wildlife habitat enhancement;

(ii) Species diversity; and

(iii) Aesthetics.

The City may require that the vegetation management plan be prepared by qualified professionals as deemed necessary. (Ord. 347 § 12, 2003; Ord. 238 § 1, 1999)

2.24.150 Removal of stumps.

All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. Stump removal methods shall be in accordance with the tree care standards manual. (Ord. 238 § 1, 1999)

2.24.160 Tree protection.

(1) Authorization must be given by the City Tree Official before anyone:

(a) Attaches or installs any metal materials, cables, wires or other objects foreign to the natural structure of public trees;

(b) Excavates into the root zone within the drip line of a public tree;

(c) Treats the soil within the root zone of a public tree with a soil sterilant.

(2) No person shall abuse, destroy, or mutilate any public tree. This includes breaking stakes or supports to the tree, or causing or encouraging any burning near or around the trunk. No person shall deface or injure a public tree by attaching any sign or notice, nails, screws, or other such devices to it.

(3) Public trees shall be protected at all times during construction in accordance with the tree

protection standards stated in the tree care standards manual.

(4) Violation of tree protection regulations for public trees shall be subject to WMC 2.24.180. (Ord. 238 § 1, 1999)

2.24.170 Arborist’s certification and bond.

(1) It shall be unlawful for any person or firm to engage in the business or occupation of pruning or treating public trees within the City without first obtaining a certification from the International Society of Arboriculture; provided, however, that any public service company or City employee doing such work in the pursuit of their public service endeavors shall perform said work under the direction of a certified arborist. The person or firm conducting tree work shall also possess evidence of liability insurance in the minimum amounts of $500,000 for bodily injury and $1,000,000 property damage resulting from the pursuit of such endeavors as herein described.

(2) No person or firm may cut, prune or treat street trees without express authorization of the City. (Ord. 238 § 1, 1999)

2.24.180 Penalty.

In accordance with enforcement regulations Chapter 1.06 WMC, any person violating these provisions shall be subject to civil penalties ($250.00/day). For violations related to tree removal or tree damage, each tree shall be considered a separate violation. (Ord. 238 § 1, 1999)

2.24.190 Variance and appeal process.

The administrative process for variance and appeals shall be as follows:

(1) A written request shall be submitted to the City Tree Official providing a detailed explanation of the variance request.

(2) The request shall provide at least one alternative to the variance request.

(3) The City Tree Official shall meet with the applicable City departments to decide the variance request.

(4) The City Tree Official shall provide a written decision to the applicant and applicable City departments within 21 days of the date of request.

(5) The decision may be appealed to the Tree Board. The Board shall render a decision within 21 days of the appeal.

(6) The decision of the Tree Board is subject to the provisions under WMC 2.24.068. (Ord. 238 § 1, 1999)

Chapter 2.25
EMERGENCY PREPAREDNESS COMMISSION

Sections:

2.25.010 Emergency Preparedness Commission created.

2.25.020 Membership.

2.25.030 Meetings.

2.25.040 Duties and responsibilities.

2.25.010 Emergency Preparedness Commission created.

There is hereby created an Emergency Preparedness Commission to provide policy guidance and recommendations in meeting the public safety needs of the City. The Emergency Preparedness Commission shall advise and provide recommendations to the City Council on matters concerning emergency medical services, emergency preparedness, traffic safety issues, and such other matters as may be specified by the City Council. (Ord. 418 § 1, 2006)

2.25.020 Membership.

(1) Number of Commissioners. The Emergency Preparedness Commission shall consist of seven members, each of whom shall be appointed for a term of three years; provided, that the initial appointments to the Commission shall consist of four appointments for terms of two years and three appointments for terms of three years. Subsequent appointments shall be for three-year terms. When two consecutive full terms have been served, members may be eligible to serve two three-year consecutive terms, if reappointed. There must be a one-year interval in service before reappointment can be made to the Emergency Preparedness Commission. Commissioner terms shall expire on November 1st.

(2) Appointment. Commissioners shall be appointed by the Mayor, subject to confirmation by the City Council. Commissioners shall reside within the Woodinville City limits at the time of their appointment and throughout the duration of their terms. Commissioners shall be selected without respect to political affiliation and shall serve without compensation.

(3) Ex Officio Appointments. With the consent of the majority of the Emergency Preparedness Commission, the Chairperson may appoint up to two nonvoting members to the Commission with expertise in a field relevant to the Commission’s work. Such ex officio Commissioners need not be residents of the City of Woodinville. The duration of any such ex officio appointments shall be established by the Commission at the time of appointment.

(4) Removal. Members of the Emergency Preparedness Commission may be removed by a majority vote of the entire City Council for neglect of duty, conflict of interest, malfeasance in office, unexcused absences of more than three consecutive regular meetings, or other cause in the City Council’s sole discretion. The decision of the City Council regarding any such removal shall be final and not subject to appeal.

(5) Vacancies. Vacancies occurring other than through the expiration of a Commissioner’s term shall be filled for the remainder of the term in the same manner as for appointments.

(6) Advisor. The City of Woodinville Emergency Manager or his/her designee shall serve as advisor to the Commission. (Ord. 418 § 1, 2006)

2.25.030 Meetings.

(1) Officers. The Emergency Preparedness Commission shall elect from its membership a Chairperson who shall preside over all Commission meetings, and a Vice Chairperson who shall preside in the absence of the Chairperson. The Chairperson and Vice Chairperson shall be elected annually. A majority of the Emergency Preparedness Commission members shall constitute a quorum for the transaction of business and a majority vote of those present shall be necessary to carry any motion.

(2) Procedural Rules. The Emergency Preparedness Commission shall adopt such rules and regulations as are necessary for the conduct of its business.

(3) Meeting Schedule – Notice and Accessibility of Meetings. The Emergency Preparedness Commission shall establish a regular meeting schedule, including the time, place and frequency of meetings. The Commission may also from time to time hold special meetings. All meetings of the Commission shall be governed by and open to the public in accordance with Chapter 42.30 RCW. (Ord. 418 § 1, 2006)

2.25.040 Duties and responsibilities.

The Emergency Preparedness Commission shall be an advisory board to the City Council, and shall provide guidance and recommendations concerning public safety issues. The duties of the Commission shall include, but are not necessarily limited to, the following:

(1) Analyze community needs for public safety services and provide recommendations concerning the utilization of present and future public safety facilities.

(2) Review Emergency Preparedness planning policies and procedures as directed by the City Council.

(3) Review and formulate recommendations on matters referred to the Commission by the City Council within the authority of the Commission.

(4) Review emergency response procedures for City-sponsored community events.

(5) Review and make recommendations concerning public safety ordinances and City options relating to public safety grants from the U.S. Department of Homeland Security and other external funding sources.

(6) Review updates to the City’s Comprehensive Emergency Preparedness Plan, future annexations and emergency support functions.

(7) Assess levels of community preparedness and recommend policies, training and facility investments.

(8) Review proposed community preparedness public outreach programs and events.

(9) Coordinate with relevant community organizations for effective resource sharing, public education and grant solicitation. (Ord. 418 § 1, 2006)

Chapter 2.27
HEARING EXAMINER

Sections:

2.27.010 Hearing Examiner authorized.

2.27.020 Appointments – Qualifications.

2.27.030 Powers and duties.

2.27.040 Appeals.

2.27.050 Procedures.

2.27.010 Hearing Examiner authorized.

There is hereby created the office of Hearing Examiner as an independent office of the City for the conduct of hearings on such matters as are delegated to the Hearing Examiner by ordinance. (Ord. 17 § 1, 1993)

2.27.020 Appointments – Qualifications.

(1) Appointments to the office of Hearing Examiner shall be made by the City Manager. The City Manager is also authorized from time to time to appoint Hearing Examiners Pro Tempore to serve on a day-to-day basis due to the absence, unavailability, incapacity or disqualification of the Hearing Examiner.

(2) The Hearing Examiner shall be experienced in land use, planning, subdivision and related matters. (Ord. 17 § 2, 1993)

2.27.030 Powers and duties.

In the performance of duties prescribed by this chapter, the Hearing Examiner is authorized to:

(1) Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive evidence, and conduct discovery procedures which may include propounding interrogatories and taking oral depositions; provided, that no person shall be compelled to divulge information which he or she could not be compelled to divulge in a court of law;

(2) Upon the request of a City officer or any party, or upon the Hearing Examiner’s own volition, issue and witness; provided, that any such subpoena shall state the name and address of the witness sought, and if for the production of books, documents or things, shall specifically identify the same and the relevance thereof to the issues involved;

(3) Regulate the course of the hearing in accordance with rules and this chapter and other applicable ordinances;

(4) Hold conferences for the settlement or simplification of the issues by consent of the parties;

(5) Dispose of procedural requests or similar matters;

(6) Make such decisions or recommendations as are contemplated herein and by other ordinance contemplated herein and by other ordinances conferring jurisdiction on the Hearing Examiner;

(7) Take any other action authorized by ordinance;

(8) Make rules for the conduct of hearings, notices and other proceedings and procedures not inconsistent with this chapter and other applicable ordinances. An audio or video record of the hearing proceedings shall be maintained and shall be made available for public review;

(9) Make recommendations for revision to relevant codes and ordinances which will clarify or otherwise improve the development review process. (Ord. 17 § 3, 1993)

2.27.040 Appeals.

Final decisions made by the Hearing Examiner other than those decisions that are by ordinance given the effect of a recommendation to the City Council, shall be appealable to the City Council according to the rules and regulations set forth by ordinance. (Ord. 17 § 4, 1993)

2.27.050 Procedures.

(1) Each final decision of the Hearing Examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the applicable criteria established by ordinance or law.

(2) Each final decision of a Hearing Examiner, unless a longer period is mutually agreed to in writing by the applicant and the Hearing Examiner, shall be rendered within 10 working days following conclusion of all testimony and hearings. (Ord. 17 § 5, 1993)

Chapter 2.30
APPEAL PROCEDURES

Sections:

2.30.010 Scope.

2.30.020 Procedures.

2.30.030 Fees.

2.30.040 Judicial appeal.

2.30.050 Procedural irregularity.

2.30.060 Impact fee appeals.

2.30.010 Scope.

The procedures set forth in this chapter shall be applicable to all appeals unless contrary provisions are specifically made. The procedures set forth in this chapter shall be in addition to any other procedures required. (Ord. 18 § 1, 1993)

2.30.020 Procedures.

(1) A person must file a written notice of appeal within 14 days of the date of the decision being appealed. The notice of appeal shall state clearly the grounds for appeal. When City ordinance or State law requires preparation of a written decision, the date of decision is when the written decision is approved by the person, board or commission.

(2) The written notice must be filed with the person, board or commission authorized to hear such appeal within the time period set forth in subsection (1) above.

(3) Upon timely receipt of such notice of appeal, and payment of the fee set forth in WMC 2.30.030, the person, board or agency shall set the matter for a public meeting.

(4) Notice of the meeting shall be given to the appellant and the applicant or permit holder, if this person is not the appellant.

(5) The person, board or agency conducting the appeal shall render a decision based upon the record, including written materials and any tape recording or minutes of the previous proceedings, and on the criteria or standards applicable to the permit, license or action being considered. Nothing herein shall be deemed to require tape recording or other verbatim record. The person, board or agency conducting the appeal shall affirm the decision unless from a review of the record it is determined the decision being appealed was clearly erroneous. Written findings and conclusions shall be prepared and adopted setting forth the facts and the reasoning for the decision. The decision appealed may be affirmed, reversed, remanded or modified.

(6) Any further appeal from any decision shall be to superior court as provided in WMC 2.30.040.

(7) If a permit is granted, the City official administering the permit may allow the applicant to begin all or a portion of the construction or commence all or a portion of the operations during the pendency of any appeal; provided, however, that such construction or commencement of operations is begun at the applicant’s own risk. If the decision being appealed is reversed or modified, the applicant may be required to remove or alter any development inconsistent with the final decision and/or restore the environment to its pre-existing condition. (Ord. 81 § 1, 1994; Ord. 18 § 2, 1993)

2.30.030 Fees.

A fee shall be imposed for filing any appeal. The amount of the fee shall be set by ordinance. (Ord. 18 § 3, 1993)

2.30.040 Judicial appeal.

Appeal from the decision of the City board, commission or officer for which no other administrative appeal is provided, shall be to the King County Superior Court. An appropriate action must be served and filed within 14 days of the date of the decision. The costs of transcription of any record ordered to be certified by the court shall be borne by the appellant. (Ord. 18 § 4, 1993)

2.30.050 Procedural irregularity.

No procedural irregularity or informality in the notice, consideration, hearing or other matter relating to the decision and/or appeal shall affect the final decision, or any other action leading to the final decision, unless substantial rights of a person with demonstrable beneficial interests are adversely affected and unless objection to any procedural irregularity is made to the City at the earliest possible time after discovery. (Ord. 18 § 5, 1993)

2.30.060 Impact fee appeals.

(1) To appeal the amount of an impact fee, the amount of an impact fee credit, or the denial of a permit based upon a failure to pay an impact fee, the appellant must file a notice of appeal with the Permit Center within 14 days of impact fee collection or permit denial. The notice of appeal shall clearly state the grounds for such appeal. Filing an appeal shall require the payment of a fee as set forth in WMC 2.30.030.

(2) The Permit Center will schedule a hearing before the Hearing Examiner who shall operate pursuant to the authority granted in Chapter 2.27 WMC. For the purposes of appeals under this section, the Examiner is authorized to make findings of fact and a decision regarding any of the following: the applicability of the impact fee requirement to a given development activity, the availability or amount of a credit, or the accuracy or applicability of an independent fee calculation.

(3) The decision of the Hearing Examiner shall be a final decision appealable to the City Council by either the original appellant or city staff.

(4) The decision of the City Council, upon appeal from the Hearing Examiner, shall be the final administrative decision. This decision may be appealed to superior court under state law. (Ord. 279 § 2, 2001)

Chapter 2.31
AMENDMENT OF ADMINISTRATIVE RULES

Sections:

2.31.010 Rules change notice filing.

2.31.020 Emergency rules or amendments.

2.31.030 Effective date of rules.

2.31.040 Council notification.

2.31.010 Rules change notice filing.

(1) Prior to the adoption, amendment or repeal of any rule, each City department shall give at least 20 days’ notice of its intended action by filing the notice with the Clerk of the City of Woodinville Council, mailing the notice to all persons or agencies who have made timely request of the City for advance notice of its rulemaking proceedings on a specific topic, and giving public notice by one publication in the official newspaper of City of Woodinville. Such notice shall include:

(a) Reference to the authority under which the rule is proposed;

(b) A statement of either the terms or substance of the proposed rule or a description of the subjects and issues involved; and

(c) The time when, the place where, and the manner in which interested persons may present their views thereon.

(2) No rule hereafter adopted is valid unless adopted in substantial compliance with this section, or, if an emergency rule and designated as such, adopted in substantial compliance with WMC 2.31.020, as now or hereafter amended. In any proceeding a rule cannot be contested on the ground of noncompliance with the procedural requirements of this section, or of WMC 2.31.020, as now or hereafter amended, after two years have elapsed from the effective date of the rule. (Ord. 159 § 1, 1996)

2.31.020 Emergency rules or amendments.

If the City Mayor declares that a state of emergency exists as defined in Chapter 2.15 WMC, and the agency finds that immediate adoption or amendment of a rule is necessary for the preservation of the public health, safety or general welfare, and that observance of the requirements of notice and opportunity to present views on the proposed action would be contrary to the public interest, the agency may dispense with such requirements and adopt the rule or amendment as an emergency rule or amendment. The agency’s finding and a brief statement of the reasons for its finding shall be incorporated in the emergency rule or amendment as filed with the Clerk of the City of Woodinville Council. An emergency rule or amendment shall not remain in effect for longer than 90 days. This section does not relieve any agency from compliance with any law requiring that its rules be approved by designated persons or bodies before they become effective. (Ord. 159 § 2, 1996)

2.31.030 Effective date of rules.

(1) Emergency rules adopted under WMC 2.31.020 shall become effective upon filing with the Clerk of the City of Woodinville Council. All other rules hereafter adopted shall become effective upon the expiration of 30 days after the date of filing, unless a later date is required by stature or specified in the rule.

(2) The Clerk of the City of Woodinville Council shall, as soon as practicable after the effective date of the ordinance codified in this chapter, compile and index all rules adopted by each City department. Compilations shall be supplemental or revised as often as necessary and at least once every two years.

(3) To continue effective, all rules adopted prior to the passage of the ordinance codified in this chapter must be filed with the Clerk of the Council within 60 days of the effective date of the ordinance codified in this chapter. (Ord. 159 § 3, 1996)

2.31.040 Council notification.

When a rule change is adopted under this chapter, the City Council shall be notified of the change and its impact in writing within 15 days of adoption. (Ord. 159 § 4, 1996)

Chapter 2.33
INITIATIVE AND REFERENDUM

Sections:

2.33.010 Adopted.

2.33.010 Adopted.

The City of Woodinville hereby adopts the power of initiative and referendum for the qualified electors of the City as pursuant to RCW 35A.11.080 through 35A.11.100. Such powers are to be exercised as provided in the above referenced sections of the Revised Code of Washington as they now exist or may be amended from time to time and said sections are hereby incorporated in full by this reference. (Ord. 119 § 1, 1995)

Chapter 2.36
CODE OF ETHICS

Sections:

2.36.010 Declaration of policy.

2.36.020 Code of ethics.

2.36.030 Disclosure.

2.36.040 Civil penalties.

2.36.050 Responsibilities of Hearing Examiner.

2.36.060 Enforcement procedures.

2.36.070 False charge of misconduct.

2.36.010 Declaration of policy.

High moral and ethical standards among public officials and public employees are essential to gain and maintain the confidence of the public because such confidence is essential to the conduct of free government. Public officials and public employees are agents of the people and hold their positions for the benefit of the people. The proper operation of democratic government requires that public officials and employees be independent and impartial when establishing policy and that their positions never be used for personal gain. A code of ethical conduct is necessary for the guidance of public officials where conflicts do occur as well as to prevent conflicts of interest. (Ord. 125 § 1, 1995)

2.36.020 Code of ethics.

The purpose of the code of ethics is to assist City officials and employees to establish guidelines to govern their own conduct as it relates to official City business. The code is also intended to help develop traditions of responsible public service. This code shall apply to all members of the City Council, Planning Commission, and other City Boards and Commissions as well as all City employees. An official or employee shall be deemed to have violated this code if he or she:

(1) Receives or has any financial interest in any sale to or by the City of any service or property when such financial interest was received with the prior knowledge that the City intended to purchase such property or obtain such service;

(2) Accepts or seeks for others any service, information or thing of value on more favorable terms than those granted to the public generally, from any person, firm or corporation having dealings with the City;

(3) Accepts any gift or favor from any person, firm or corporation having any dealings with the City if he or she knows or has reason to know that it was intended to obtain special consideration; provided, however that this prohibition shall not apply to gifts of minimal value under $10.00 and symbolic gifts not intended to financially benefit the recipient;

(4) Influences the selection of or the conduct of business with a corporation, person or firm having business with the City if he or she personally or through household relatives has financial interest in or with the corporation, person or firm;

(5) Is an employee, officer, partner, director or consultant of any corporation, firm or person having business with the City, unless he or she has disclosed such relationship as provided by this chapter; provided, that nothing herein shall be deemed to apply to consultants who render professional advice to corporations, firms or persons on matters unrelated to the business with the City. This provision shall not apply if the official or employee disqualifies himself or herself from all participation in the City business with the corporation, firm or person;

(6) Engages in or accepts private employment or renders services for private industry when such employment or service is incompatible with the proper discharge of his or her official duties, would impair his or her independence of judgment or action in the performance of his or her official duties, or would require or induce him or her to disclose confidential information acquired by reason of his or her official position;

(7) Appears in behalf of a private interest before any regulatory governmental agency against the interest of the City, or represents a private interest in any action or proceeding against the interest of the City in any litigation to which the City is a party, unless he or she has a personal interest and this personal interest has been disclosed to the regulatory governmental agency. A City Councilmember may appear before regulatory governmental agencies on behalf of constituents in the course of his or her duties as a representative of the electorate or in the performance of public or civic obligations; however, no official or employee shall accept a retainer or compensation that is contingent upon a specific action by a City agency;

(8) Directly or indirectly possess a substantial or controlling interest in any business entity which conducts business or contracts with the City, or in the sale of real estate, materials, supplies or services to the City, without disclosing such interest as provided by this chapter. An interest is not a substantial interest if such interest does not exceed one-tenth of one percent of the outstanding securities of the business concern; or, if the interest is an unincorporated business concern, one percent of the net worth of such concern, or the financial interest of a corporation, person or firm does not exceed five percent of the net worth of the employee and his or her household relatives;

(9) As a City Councilmember, has a financial or other private interest in any legislation or other matters coming before the council and fails to disclose such an interest on the records of the City Council. This provision shall not apply if the City Councilmember disqualifies himself or herself from voting by stating the nature and extent of such interest. Any other official or employee who has a financial or other private interest, and who participates in discussion with or gives an official opinion to the City Council and fails to disclose on the records of the City Council the nature and extent of such interest is in violation of this chapter;

(10) Violates any ordinance or resolution of the City;

(11) Discloses confidential information gained by reason of his or her official position or otherwise uses such information for his or her personal gain or benefit;

(12) Makes any false statement or representation of any public record or document in a willful disregard of the truth of such statement or representation;

(13) Request or permit the use of City-owned vehicles, equipment, materials or property for personal convenience, improper purposes, or profit, except when such services are available to the public generally or are provided as City policy for the use of such official or employee in the conduct of official business;

(14) Grants any special consideration, treatment or advantage beyond that which is available to every other citizen in similar circumstances. (Ord. 125 § 2, 1995)

2.36.030 Disclosure.

Disclosure as required by this chapter shall be in writing and filed with the City Clerk. Disclosure shall be made as soon as the person becomes aware of the facts giving rise to the disclosure requirements. (Ord. 125 § 3, 1995)

2.36.040 Civil penalties.

(1) Any person willfully violating this chapter is guilty of a misdemeanor and is subject to the civil penalties provided herein for the negligent violation of this chapter.

(2) An employee of the City found guilty of a violation of this chapter is subject to civil penalties up to and including termination from employment and/or loss of pay not to exceed one month’s salary.

(3) Any member of a City Board or Commission found guilty of a violation of this chapter may be suspended or removed from office by action of the City Council.

(4) In addition to the sanctions for aiding, abetting, seeking or requesting a violation of this chapter, any person or organization which willfully attempts to secure preferential treatment in its dealing with the City by offering any valuable gifts, whether in the form of services, loan, thing or promise, or any other form to any City official or employee, shall have its current contract with the City canceled and shall not be able to bid on any other City contracts for a period of two years. (Ord. 125 § 4, 1995)

2.36.050 Responsibilities of Hearing Examiner.

(1) There is hereby delegated to the Hearing Examiner, the responsibility set forth in WMC 2.36.060 relating to enforcement procedures, except as to employees of the City of Woodinville. Once such allegation or complaint has been filed with the office of the City Clerk and notice of such filing has been transmitted to the Hearing Examiner which notice shall not set forth any names or details concerning the complaint, then the Hearing Examiner shall conduct an investigation; provided, that in the event said complaint shall involve in some manner the office of the Hearing Examiner, the matter shall be referred to the City Attorney for investigation, all in accordance with the procedures outlined herein.

(2) The Hearing Examiner is also authorized to issue advisory opinions upon request of City officials and employees concerning the applicability of this chapter to specific factual situations.

(3) In all instances of complaints or reports of allegations of impropriety involving City employees, the results of the investigation shall be referred to the City Manager for any appropriate disciplinary action consistent with the provisions of the ordinances of the City of Woodinville involving City personnel. (Ord. 125 § 5, 1995)

2.36.060 Enforcement procedures.

(1) Any person who has knowledge of a violation of this code of ethics may make a signed written report of the same to the City Clerk. The fact that a report has been received, the contents of the report, and the identity of the person making the report shall remain confidential until such time as the Hearing Examiner has made an initial threshold determination that probable cause exists to believe that a violation of the code of ethics has occurred.

(2) Upon receipt of a report, the Hearing Examiner, without benefit of subpoenas or sworn testimony, shall make such preliminary investigation as he or she deems appropriate to determine whether probable cause exists to believe that a violation of the code of ethics has occurred. Once the preliminary investigation is complete, the person accused shall be given the name(s) of the accuser(s) and the allegations whether or not the Hearing Examiner finds probable cause. If the Hearing Examiner is satisfied that probable cause does exist, he or she may choose between two courses of action as follows:

(a) Refer the matter to the proper authorities for criminal prosecution; provided, that upon a determination that the proof beyond a reasonable doubt necessary for criminal conviction is not available, the proper authorities may refer the matter back to the Hearing Examiner for proceedings consistent with the civil burden of proof, e.g., a simple preponderance of the evidence, or

(b) Retain the matter for his or her own formal investigation with a view toward the ultimate disposition by the City Council or City Manager in the event it is determined an actual violation has occurred.

(3) If the Hearing Examiner should determine probable cause does not exist, he or she shall communicate his or her decision in writing to the person who made the initial report. The Hearing Examiner’s determination of lack of probable cause shall remain confidential, unless the person who made the initial report chooses to make his or her complaint public. Should this latter event occur, all of the Hearing Examiner’s records, files, notes, correspondence, and investigative materials relating to the finding of lack of probable cause shall be made open for public inspection.

(4) Should the Hearing Examiner decide to retain the matter for his or her own formal investigation pursuant to subsection (2)(b) above, the Hearing Examiner shall notify, in writing, the person who made the report and the person complained against, of his or her decision to pursue a formal investigation by way of holding a hearing to determine if a violation has occurred. The person complained against may choose whether the hearing shall be open or closed to the public.

(5) Hearings conducted by the Hearing Examiner shall be informal. The person complained against may be represented by legal counsel and may present and cross examine witnesses and give evidence before the Hearing Examiner. The Hearing Examiner may call witnesses on his or her own motion and compel the production of books, records, papers, or other evidence needed. To that end, the proper authorities shall issue subpoenas and subpoenas duces tecum at the request of the Hearing Examiner or the person complained against. All testimony shall be under oath administered by the Hearing Examiner. The Hearing Examiner may adjourn the hearing from time to time in order to allow for the orderly presentation of evidence.

Upon motion made by the person complained against or upon his or her own motion, the Hearing Examiner may temporarily stay or permanently suspend his or her investigation when, in his or her formal discretion, the manifest needs of justice and fairness will be better served thereby.

The Hearing Examiner shall prepare an official record of the hearing, including all testimony, which shall be recorded by mechanical device, and exhibits; provided, that the Hearing Examiner shall not be required to transcribe such records unless presented with a request accompanied by payment of the cost of transcription.

(6) Within 30 days after the conclusion of the hearing, the Hearing Examiner shall, based upon a preponderance of the evidence, make and fully record in his or her permanent records, findings of fact, conclusions of law, and his or her determination of a recommended disposition. A copy of the findings, conclusions, and recommended disposition shall be forwarded by registered mail to the person who made the initial report and to the person complained against at addresses as given by both persons to the Hearing Examiner. An additional copy of the findings, conclusions, and recommendations shall be forwarded to the City Council for its formal action, if any.

(7) If the charge relates to a Councilmember or any member of a City Board or Commission, upon receipt of the Hearing Examiner’s final action, the City Council shall schedule a public hearing. The person complained against shall have not less than two weeks’ written notice of this hearing. At this hearing the Hearing Examiner, the person complained against, and other interested parties shall be given a reasonable opportunity to be heard, following which the City Council may adopt, reject, amend, or modify the Hearing Examiner’s findings, conclusions, and recommendations, or remand the matter for further investigation and consideration by the Hearing Examiner. The Council’s decision shall be in writing, setting forth its findings, conclusions, and in appropriate cases, the civil sanction(s) imposed.

(8) Any person found, by final written order of the City Council, to be in violation of this code of ethics may appeal the Council’s decision in the manner and form as provided by Chapter 2.30 WMC.

(9) If the charge relates to a City employee, the Hearing Examiner’s report shall be referred to the City Manager. (Ord. 125 § 6, 1995)

2.36.070 False charge of misconduct.

Any person who shall file with or report a charge of misconduct on the part of any public official or other person encompassed within the definition of this chapter, knowing such charge to be false or to have been recklessly made without any reasonable attempt to determine relevant facts and circumstances, shall be guilty of a misdemeanor and shall be punished as provided in Chapter 1.03 WMC. (Ord. 125 § 7, 1995)

Chapter 2.37
RULES OF PROCEDURE

Sections:

2.37.010 General.

2.37.020 Organization.

2.37.030 Meetings.

2.37.040 Effect/waiver of rules.

2.37.010 General.

The official rules of procedure for the Woodinville City Council shall be established by State statute, City Council ordinance, or City Council resolution. In the event of any disagreement between Councilmembers arising from a point of order not expressly covered by statute, ordinance, or resolution, the Council may consult Robert’s Rules of Order (Newly Revised) as a guide to help it resolve the contested matter. (Ord. 445 § 1, 2007)

2.37.020 Organization.

(1) Swearing in of New Councilmembers. New Councilmembers shall be sworn in by the City Clerk or other authorized official either:

(a) Up to 10 days prior to the day they are scheduled to assume their office; or

(b) At the first meeting of the Council in January.

(2) Declaration of Interest. Council will informally discuss the interests of each member in serving as Mayor or Deputy Mayor at the first meeting after the general election has been certified. Councilmembers and newly elected Councilmembers who would not be attending that meeting may submit their intent in writing.

(3) Election of Officers. The Council shall elect a Mayor and Deputy Mayor for a term of two years and organize itself at the first Council meeting during even-numbered years. The term of Mayor and Deputy Mayor shall run from the first meeting of the Council held in January to the first meeting of the Council held in January two years later. In the temporary absence of the Mayor, the Deputy Mayor shall perform the duties and responsibilities of the Mayor with regard to conduct of meetings and emergency business. In the event the Mayor is unable to serve the remainder of the term, a new Mayor shall be elected at the next regular meeting. In the event the Deputy Mayor is unable to serve the remainder of the term, a new Deputy Mayor shall be elected at the next regular meeting. (Ord. 445 § 1, 2007)

2.37.030 Meetings.

All Council meetings shall comply with the requirements of the Open Public Meetings Act (Chapter 42.30 RCW). All regular meetings and special meetings of the Council shall be open to the public.

(1) Regular Meetings. The Council shall hold regular meetings on the first three Tuesdays of each month at 7:00 p.m. Should any meeting fall on a legal holiday, the meeting shall be held at the same hour and place on the next working day.

(2) Special Meetings. Special meetings may be held by the Council subject to notice requirements prescribed by State law. Special meetings may be called by the Mayor, Deputy Mayor or temporary Presiding Officer by written notice delivered to each member of the Council at least 24 hours before the time specified for the proposed meeting. Special meetings shall also be called by the Mayor, Deputy Mayor or temporary Presiding Officer upon the written request of any three members of the Council. The notice of such special meetings shall state the subjects to be considered, and no subjects other than those specified in the notice shall be considered. For purposes of the noticing of special meetings, e-mail shall be considered a written notice.

(3) Executive Sessions. The Council may hold executive sessions from which the public may be excluded, for those purposes set forth in RCW 42.30.110. Before convening an executive session, the Presiding Officer shall announce the purpose of the session and the anticipated time when the session will be concluded and indicate whether or not Council action will be taken after the executive session. Should the session require more time, a public announcement shall be made that the session is being extended.

(4) Meeting Place. Regular meetings will be at the Council Chambers, 17301 133rd Avenue NE, Woodinville, Washington 98072, unless public notice is given of another location. Meetings may be held at other locations when appropriate notice has been given and posted.

(5) Public Notice. The City shall comply with the provisions of RCW 35A.12.160. (Ord. 445 § 1, 2007)

2.37.040 Effect/waiver of rules.

These rules of procedure set forth herein and/or by other ordinance or resolution are adopted for the sole benefit of the members of the City Council to assist in the orderly conduct of Council business. These rules of procedure do not grant rights or privileges to members of the public or third parties. Failure of the City Council to adhere to these rules shall not result in any liability to the City, its officers, agents, and employees, nor shall failure to adhere to these rules result in invalidation of any Council act. The City Council may implicitly or by a majority vote determine to temporarily waive any of the provisions herein. Council action taken in disregard or nonconformity with these rules shall be construed as an implicit waiver thereof. (Ord. 445 § 1, 2007)

Chapter 2.39
EMPLOYEES’ RETIREMENT SYSTEM

Sections:

2.39.010 Adopted.

2.39.020 Effective date.

2.39.030 Federal law qualification.

2.39.040 Emergency.

2.39.010 Adopted.

The City Council hereby establishes the City of Woodinville Employees’ Retirement System as authorized by the Federal Social Security Act (Subchapter II, 42 USCA Section 401, et seq.) and other applicable Federal and State laws as is set forth more particularly in City of Woodinville Employees’ Benefit Plan and the City of Woodinville Employees’ Survivor and Disability Benefits Plan, dated March 31, 1993, given Clerk’s Receiving No. 122 and which is adopted herein by this reference. (Ord. 48 § 1, 1993)

2.39.020 Effective date.

This system shall be effective on March 31, 1993, and all acts and actions of employees and the City since that time in compliance with such plans are hereby ratified. (Ord. 48 § 2, 1993)

2.39.030 Federal law qualification.

These plans are specifically enacted with the intent that they qualify for approval under Section 401(a) of the Internal Revenue Code of 1986, as amended, and the trust is created with the intent that it qualifies for approval under Section 501 of the Internal Revenue Code of 1986, as amended. The survivor and disability benefits portion of the plan may be provided through a trust arrangement under Internal Revenue Code, Section 501(c) and (g) or via insurance policies as the plan committee of the retirement system so decides. (Ord. 48 § 3, 1993)

2.39.040 Emergency.

The City Council finds that the City of Woodinville will be incorporated on March 31, 1993. Failure to have the provisions contained in this chapter in existence as of the date of incorporation will mean that the subject matter of this chapter will not be in effect and thus will cause substantial detriment to the public health, safety and welfare. The City Council therefore declares that an emergency exists necessitating that this chapter be in full force in effect on March 31, 1993. This chapter or a summary thereof consisting of the title shall be published in the City’s official newspaper. (Ord. 48 § 4, 1993)

Chapter 2.42
MUNICIPAL COURT

Sections:

2.42.010 Created.

2.42.020 Jurisdiction.

2.42.030 Violations Bureau.

2.42.040 Disposition of Municipal Court revenue.

2.42.050 Sessions.

2.42.060 Municipal Court seal.

2.42.070 Pleadings, practice and procedure.

2.42.080 Deferral and suspension of sentences.

2.42.090 Complaints.

2.42.100 Case transfers.

2.42.110 Civil jury trials.

2.42.120 Criminal process.

2.42.130 Municipal Court Judge.

2.42.140 Municipal Court employees.

2.42.010 Created.

(1) Creation. The Municipal Court of the City of Woodinville is hereby created, which shall have jurisdiction and exercise all powers vested in the Court by Chapter 3.50 RCW as it now exists or may hereafter be amended, together with such other powers and jurisdiction as are generally conferred on such courts in Washington, either by common law or express statute. The Municipal Court shall commence operation January 1, 1995.

(2) Term. The Municipal Court Judge sh