ARTICLE
I
Name, Boundaries, Powers, Rights and Liabilities
ARTICLE II
Officers -- Council-Manager Form of Government
ARTICLE III
Elections
ARTICLE IV
Legislation by the People
ARTICLE V
The Recall
ARTICLE VI
Additional Powers and Limitations on Officers
ARTICLE VII
Limitation of Taxation
ARTICLE VIII
Special Boards
ARTICLE IX
Public Utilities
ARTICLE X
Claims
ARTICLE XI
Franchises
ARTICLE XII
Power to Incur Indebtedness
ARTICLE XIII
Amendments
ARTICLE XIV
Schedule
ARTICLE XV
Civil Service
ARTICLE I
Name, Boundaries, Powers, Rights and Liabilities
SECTION 1. The people of the City of Yakima, within the boundaries as
now established, or as hereafter established, shall continue to be the body politic
and corporate by name of City of Yakima, and under that name shall have
perpetual succession; shall use a corporate seal; may sue and be sued; may
acquire property within or without its boundaries for municipal purposes by
purchase, gift, devise, lease, or condemnation, and may sell, lease, hold,
manage and control such property as its interests may require, except that
property purchased for park purposes shall be within the city limits; and except
as prohibited by the constitution of the State of Washington, or restricted by this
charter, the City of Yakima shall have all municipal powers, functions, rights,
privileges and immunities of every name and nature whatsoever pertaining to
cities of the first class within the State of Washington.
SECTION 2. The enumeration of particular powers by this charter shall not
be held or deemed to be exclusive, but in addition to the powers enumerated
herein, implied hereby or appropriate to the exercise thereof, the City of Yakima
shall have, and may exercise, all powers which under the constitution and laws of
the State of Washington it would be lawful for said charter specifically to
enumerate. All powers of the City, whether express or implied, shall be exercised
in the manner prescribed by this charter, or if not prescribed herein, then in the
manner provided by law, ordinance or resolution of the City Council.
ARTICLE II
Officers -- Council-Manager Form of Government
SECTION 1. A. The elective officers of the City of Yakima shall consist of
seven Council members, who shall be residents of the City, who shall constitute
the Council, and one of whom shall be the Mayor chosen as provided by
SECTION 3 of this Article II. One Council member shall be elected from each of
four separate districts of the City, and three Council members shall be elected
from the City at large without regard to residence in any particular area of the
City, by the qualified electors of the City, all at the times and in the manner
hereinafter provided. The Council members so elected shall constitute the
governing body of the City.
B. (1) The City shall be divided by ordinance of the City Council into four
districts as nearly equal in population as practicable. On the publication of the
results of each decennial federal census, the City shall be redivided by ordinance
of the City Council into four districts as nearly equal in population as practicable,
which redivision shall be accomplished so as to be effective not less than ninety
days prior to the municipal primary election to be held next following the
publication of census results for nomination of candidates for "district positions"
on the Council, as defined in Subsection C (1) of this SECTION. On the division
or redivision of the City into districts as provided by this subsection, any territory
thereafter annexed to the City and contiguous to only one then existing district
shall be added to and constitute a part of that district; and if annexed territory is
contiguous to more than one then existing district, the annexed territory shall be
divided into segments, as nearly equal in population as practicable, according to
the number of then existing districts contiguous to the annexed territory and each
segment shall be added to and constitute a part of its then existing contiguous
district.
(2) Whenever the population of any district exceeds the population of any
other district by more than ten percent, the City Council shall by ordinance
redivide the City into four districts as nearly equal in population as practicable;
provided, that any such redivision shall be accomplished so as to be effective not
less than ninety days prior to any municipal primary election for Council members
to "district positions" as defined in Subsection C (1) of this SECTION.
C. (1) Not less than ten days before the time for filing declarations of
candidacy for the City Council for the election to be held in the year 1979, the
City Clerk shall designate by consecutive numbers, commencing with the number
one and ending with the number four, the positions on the Council to be filled by
candidates nominated from districts, and such designations shall be thereafter
permanently considered as separate offices for election purposes as "district
positions" according to their permanently designated number. At the municipal
election to be held in the year 1979, eight candidates shall be nominated from
the four districts, as follows: Candidates for "district positions" shall file their
candidacy for nomination by the electors of the district wherein each candidate,
respectively, resides. At the primary election, each qualified voter of each district
may cast only one vote for a candidate. The names of the two candidates from
each district for whom the largest number of votes are cast at the primary
election shall appear on the citywide general election ballot, and the one
candidate from each district who receives the highest number of votes, as cast
by the citywide electorate at the general election, shall thereby be declared as
duly elected to each respective "district position" as a member of the City
Council.
(2) Not less than ten days before the time for filing declarations of
candidacy for the City Council for the election to be held in 1981, the City Clerk
shall designate, by consecutive numbers commencing with the number five and
ending with the number seven, the positions on the Council to be filled by
candidates to be elected from the City at large without regard to residence in any
particular area of the City, and such designations shall be thereafter permanently
considered as separate offices for election purposes as "at large positions"
according to their permanently designated numbers.
D. (1) Council members shall be elected for four-year terms. On the
expiration of those terms, succeeding elections shall be conducted so that three
Council members are elected at large without regard to residence in any
particular area of the City and four Council members elected to "district positions"
in the manner provided by Subsection C of this SECTION.
(2) In the event any Council member elected or appointed to an "at large
position" moves that member's place of residence outside the city boundary, or in
the event any Council member elected or appointed to a "district position" moves
that member's place of residence outside the district from which that member
was nominated or appointed, then that Council member shall forfeit the office of
Council member and the position held by that member shall be deemed to be
vacant. In the event a vacancy occurs for any reason in the Council, the vacancy
shall be filled by the appointment of some qualified person by a majority vote of
the remaining members of the Council, but such appointee shall hold office only
until the next regular municipal election, at which time a qualified person shall be
elected to serve for the remainder of the unexpired term for that position. If the
vacancy occurs in a position held by a Council member originally nominated or
appointed from a district, then the appointee shall be a resident of that district
and the Council member who is elected to serve for the remainder of that term
shall be a resident of that district and shall be nominated and elected in the
manner provided by Subsection C (1) of this SECTION.
E. Provision for the time and manner of election of Council members, and
the conduct of such biennial elections shall be governed by general state laws,
by this charter, and by applicable ordinances of the City as they may be enacted
from time to time.
SECTION 2. The Council shall constitute the legislative branch and
authority of the City government and shall have power to adopt rules of order and
regulations for the conduct of its business.
SECTION 3. The Council shall choose its own chairman at its first meeting
and at the first meeting after the subsequent biennial elections. The chairman
shall have the title of Mayor during the biennium for which chosen. The Mayor
shall preside at all meetings of the Council and shall also have the powers and
perform the duties conferred and imposed by this charter and the ordinances of
the City. The Mayor shall be recognized as the head of the City for all ceremonial
purposes and by the Governor for purposes of military law. The Mayor shall have
no regular administrative duties but in time of public danger or emergency shall, if
so authorized and directed by a majority vote of the Council, take command of
the police, maintain order and enforce the law. The Mayor shall also have the
rights, privileges and immunities of a member of the Council with the right to vote
as another member thereof. If a vacancy occurs in the office of Mayor, or in case
of the Mayor's absence or disability, a Mayor pro tem shall be elected by the
Council from its members to act as Mayor for the unexpired term or during the
continuance of the absence or disability.
SECTION 4. Except as otherwise provided in this charter, all powers of
the City shall be vested in the Council. The Mayor and each member of the
Council shall receive compensation as established by Ordinance. Members of
the Council shall be qualified electors of the City and any member ceasing to
possess any of the qualifications specified in general law or in this charter or
convicted of crime involving moral turpitude while in office shall immediately
forfeit his office.
SECTION 5. The Council shall meet at the times and places fixed by
ordinance, but must hold at least two regular meetings each month. The Clerk
shall call special meetings of the Council upon request of the Mayor or any two
members. Requests for special meetings shall state the subjects to be
considered and no other subject shall be considered at a special meeting except
by consent of all members of the Council. All meetings of the Council and of
committees thereof shall be open to the public, and the rules of the council shall
provide that citizens of the City shall have a reasonable opportunity to be heard
at any meetings in regard to any matter being considered thereat.
SECTION 6. The Council shall choose such employees of its own body,
as it may deem necessary. Employees of the Council shall not be chosen for a
definite term but shall continue to serve during the pleasure of the Council.
SECTION 7. The Council shall appoint an officer whose title shall be City
Manager and who shall be the chief executive officer and the head of the
administrative branch of the City government. The City Manager shall be chosen
upon the basis of character and ability with special reference to actual
experience in, or knowledge of, accepted practice in respect to the duties of the
office as hereinafter outlined. Choice shall not be limited by any residence or
political qualification. No person elected to membership on the Council shall,
subsequent to such election, be eligible for appointment as City Manager until
one year has elapsed following the expiration of the term for which elected.
Before entering upon the duties of the office, such City Manager shall take the
official oath for the support of the National and State Governments and the
faithful performance of duties, and shall execute a bond in favor of the City in
such sum as may be fixed by the Council.
SECTION 8. The City Manager shall be appointed for an indefinite term
and may be removed by a majority vote of the Council. At least thirty days before
the effective date of removal, the City Manager must be furnished with a formal
statement in the form of a resolution passed by a majority vote of the City Council
stating the Council's intention to remove the City Manager and the reasons
therefor. Upon passage of the resolution stating the Council's intention to remove
the City Manager, the Council may by a similar vote suspend the City Manager
from duty, but compensation shall continue until the removal becomes effective.
The City Manager may, within thirty days from the date of service upon the City
Manager of a copy thereof, reply in writing to the resolution of intent for removal.
In the event no reply is timely filed, the resolution shall upon the thirty-first day
from the date of such service constitute the final resolution removing the City
Manager, and the City Manager's services shall terminate upon that day. If a
reply shall be timely filed with its Clerk, the Council shall fix a time for a public
hearing upon the question of the City Manager's removal and a final resolution
removing the City Manager shall not be adopted until a public hearing has been
held. The action of the Council in removing the City Manager shall be final. In
case of the absence or disability of the City Manager, the Council may designate
some qualified person to perform the duties of the office during such absence or
disability.
SECTION 9. The powers and duties of the City Manager shall be:
(1) To have general supervision over the administrative affairs of the municipality;
(2) To appoint and remove at any time all department heads, officers and
employees of the City, except members of the Council, but the appointment and
removal of those department heads, officers and employees who are subject to
Civil Service or merit systems of the City of Yakima shall be pursuant to the Civil
Service laws, rules and regulations of such City in existence at the effective date
hereof: provided, that the Council may cause an audit to be made of any
department or office of the City government and may select the persons to make
it, without the advice or consent of the City Manager;
(3) To attend all meetings of the Council at which his attendance may be required
by that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the
authority which the Council may grant the Mayor to maintain law and order in
times of emergency;
(5) To recommend for adoption by the Council such measures as he may deem
necessary or expedient;
(6) To prepare and submit to the Council such reports as may be required by that
body or as he may deem it advisable to submit;
(7) To keep the Council fully advised of the financial condition of the City or town
and its future needs;
(8) To prepare and submit to the Council a tentative budget for the fiscal year;
(9) To perform such other duties as the Council may determine by ordinance or
resolution.
SECTION 10. Administrative departments shall be created by the City
Council as the public business may demand. Pending further action by the City
Council, the administrative departments now in existence shall be continued. The
rights, powers and duties of the departments shall be prescribed, distributed,
assigned, established or discontinued by ordinance.
SECTION 11. The City Manager may authorize the head of the
department or office responsible to the City Manager to appoint and remove
subordinates in such department or office. Any officer or employee who may be
appointed by the City Manager or by the head of a department or office, except
one who holds a position subject to Civil Service, may be removed by the City
Manager or other such appointing officer at any time. Subject to the provisions of
SECTION 9 herein, the decision of the City Manager or other appointing officer
shall be final and there shall be no opportunity for administrative appeal.
SECTION 12. Appointments made by or under the authority of the City
Manager shall be on the basis of executive and administrative ability and of the
training and experience of the appointees in the work, which they are to perform.
Residence within the City shall not be a requirement.
SECTION 13. Neither the Council, nor any of its committees or members
shall direct or request the appointment of any person to, or removal from, office
by the City Manager or any of the City Manager's subordinates. Except for the
purpose of inquiry, the Council and its members shall deal with the administrative
service solely through the City Manager and neither the Council nor any
committee or member thereof shall give orders to any subordinate of the City
Manager, either publicly or privately: Provided, however, that nothing herein shall
be construed to prohibit the Council, while in open session, from fully and freely
discussing with the City Manager anything pertaining to appointments and
removals of City officers and employees and City affairs.
SECTION 14. The City Manager and other officers, assistants and
employees, shall receive such salary or compensation as the Council shall fix by
ordinance and it shall be payable at such times as the Council shall determine.
SECTION 15. Nothing in this Article shall affect the pension or Civil
Service or merit system of the City of Yakima in existence at the effective date
hereof.
As amended by vote of the people November 4, 1958. Effective
dates June 1, 1959.
Back to top
SECTION 1. Elections shall be general, primary or special. The manner
and method of holding and calling municipal elections, both general and special,
shall be according to State law. All municipal elections shall be non-partisan and
by the qualified electors of the City.
ARTICLE IV
Legislation by the People
SECTION 1. The people of Yakima, in addition to the method of legislation
herein before provided, shall have direct legislation by the initiative and
referendum.
SECTION 2. The initiative shall be exercised in the following manner:
(a) A petition signed by registered and qualified electors of the City, accompanied
by the proposed legislation in the form of a proposed ordinance and requesting
that such ordinance be submitted to a vote of the people shall be filed with the
City Clerk.
(b) Within two days from the filing of such petition the City Clerk shall certify the
number of votes cast at the last general City election and the number of signers
of such petition, and shall present such certificate, petition and proposed
ordinance to the City Council.
(c) If such petition be signed by qualified electors in number equal to twenty per
centum of the total number of votes cast at the last preceding general city
election, the City Council, within twenty days after receipt thereof, except as
otherwise provided in this Charter, shall either pass such ordinance without
alteration, or refer it to a popular vote at a special election which must be held at
the first available opportunity in accord with the provisions of State law for special
municipal elections: Provided, however, that if any other municipal election is to
be held more than thirty days but within ninety days after the filing of the petition,
said proposed ordinance shall be submitted without alteration to be voted upon at
such election.
SECTION 3. If, prior to the date when any ordinance shall take effect, a
petition signed by qualified electors equal in number to ten per centum of the
entire vote cast at the last preceding general city election shall be filed with the
City Clerk, protesting against the enactment of such ordinance, it shall be
suspended from taking effect. Immediately upon the filing of the petition the City
Clerk shall do all things required in SECTION 2 (a) and (b) of this article.
Thereupon the City Council shall immediately reconsider such ordinance, and, if
it does not entirely repeal the same, shall submit it to popular vote at the next
municipal election; or, the City Council may call a special election for that
purpose in accord with the provisions of State law for special municipal elections;
and such ordinance shall not take effect, unless a majority of the qualified
electors voting thereon at such election shall vote in favor thereof.
SECTION 4. The City Council may submit to popular vote for adoption or
rejection at any election any proposed ordinance in the same manner and effect
as provided in this article for submission on petition.
SECTION 5. There shall not be held under this article more than one
special election in any period of six months.
SECTION 6. The City Council, by ordinance, shall make further
regulations for carrying out the provisions of this article not inconsistent herewith.
ARTICLE VI
Additional Powers and Limitations on Officers
SECTION 1. At all meetings of the City Council every resolution and
ordinance shall be in writing and read aloud by title before a vote is taken
thereon; provided, at the request of a majority of Council members present, a
resolution and ordinance shall be read aloud in its entirety before a vote is taken
thereon. Upon every vote the yeas and nays shall be called and recorded. All
ordinances, except ordinances making appropriations or codifying or rearranging
existing ordinances, shall be confined to one subject, which shall be clearly
expressed in the title. Ordinances making appropriations shall be confined to the
subject of appropriations. The enacting clause of all ordinances shall be, "Be it
ordained by the City of Yakima."
SECTION 2. Ordinances making the annual tax levy or relating to local
improvements or assessments therefore, or making appropriations, emergency
ordinances, or ordinances adopted by vote of the electors shall take effect at the
time indicated therein; all other ordinances shall take effect 30 days after the date
of the publication thereof as herein provided. An emergency ordinance is one to
provide for the immediate preservation of the public peace, property, health or
safety. The unanimous vote of the Council shall be necessary for the passage of
an emergency ordinance. No measure making or amending a grant, renewal or
extension of a franchise or other special privilege shall ever be passed as an
emergency measure.
SECTION 3. Upon its final passage, each ordinance or resolution shall be
authenticated by the signature of the Mayor and attested by the City Clerk and
recorded in a book kept for that purpose. The number and title of each ordinance
passed by the City Council, with certificate as herein provided, attached thereto
shall be published once in the official newspaper of the city. Said certificate shall
be signed by the City Clerk and shall be in substantially the following form:
"Ordinance No._______bearing above title, was duly and regularly passed by the
City Council of the City of Yakima, Washington, on the ________ day of
__________20___, and is now on file with the undersigned at the office of the
City Clerk, where the same is open to the public inspection. Dated . City Clerk."
SECTION 4. Members of the City Council shall be qualified electors of the
City, and shall not hold any other public office except that of Notary Public or
member of the military branch of the state or federal government. A member of
the City Council ceasing to possess any of the qualifications specified in this
SECTION, or who may be convicted of a crime involving moral turpitude while in
office shall immediately forfeit his office. A certified copy of the judgment of
conviction filed in the office of the City Clerk shall be prima facie evidence of
forfeiture as above provided.
SECTION 5. No elective official, officer or employee of the City shall solicit
or receive any pay, commission, money or thing of value, or derive any benefit,
profit or advantage, directly or indirectly from or by reason of any improvement,
alteration or repair, or purchase of materials required by the City, or any contract
to which the City shall be a party, except his lawful compensation or salary as
such officer or employee. A violation of any of the provisions of this SECTION
shall disqualify the offender to continue in office or employment and he shall be
forthwith removed.
SECTION 6. Any purchase of supplies, material, equipment or services,
except for public work or improvement, where the cost thereof exceeds a specific
sum to be set by ordinance within the limits established by State law shall be
made upon call for bids in the same method and under the same conditions as
required herein on a call for bids for public work or improvement. This monetary
limit for the purchase of supplies, material, equipment and services may be
increased from time to time, but no more often than one time in any twenty-four
month period, by ordinance enacted by the vote of no less than a two-thirds
majority of the City Council members, up to, but in no case to exceed any
amount allowed by State law. In the event of an emergency declared by
resolution of the City Council, any purchase of supplies, material, equipment or
service may be made without calling for bids.
SECTION 7. In addition to the provisions of the general law the City
Council may by ordinance create and establish special funds into which all
monies received for a special or specific purpose may be placed: Provided,
however, that such fund or funds shall be other than those deriving revenue from
taxation.
Back to top
ARTICLE VII
Limitation of Taxation
SECTION 1. The fiscal year of the City shall commence on the first day of
January and end on the last day of December each year.
SECTION 2. The City Council shall have power and authority to assess,
levy and collect taxes upon all the real and personal property (not exempt from
taxation) within the City for the corporate uses and purposes thereof and provide
for the payment of the debts and expenses of the City.
SECTION 3. The aggregate of all the property taxes levied or appropriated
for City purposes including funds for the parks and playgrounds, police and
firemen's relief shall be taken and apportioned by the City Council from the
current expense fund which for any one year shall not exceed the statutory limits
established by State law on each dollar of assessed valuation of the property
within the City except as follows:
(a) The levies for redemption of and interest on the bonded debt of the City
heretofore or hereafter authorized in the manner provided by law;
(b) The levy for local improvement district assessment guaranty fund as required
by law;
(c) Such other levies as may have been heretofore or which may hereafter is
required by general law.
SECTION 4. No special levies shall be made for other purposes than
those above specified except those, which may be authorized at an election.
SECTION 5. All City funds shall be administered by the City Council; and
boards or committees selected by the City Council to assist in the management
of any municipal activities, if any are selected, shall act in an advisory capacity
only.
SECTION 6. The City Council shall make no appropriation in aid
SECTION 1. The City Council may appoint advisory boards, committees
and commissions as may be deemed helpful and necessary to the City Council
to assist in administering the City's operation and programs, including but not
limited to parks, playgrounds and city planning. The City Council shall have full
charge of the budgets for such purposes and shall by ordinance regulate the
organization and duties of such boards, and may provide that any monies
acquired by donation, bequest or from leases or concessions, fines, or penalties
shall be used in addition to the amount set aside in the annual budget out of the
tax levy.
SECTION 1. The City Council shall provide by ordinance rules and
regulations and make provisions for the control, management and operation of all
public utilities owned and operated by the City, or which may hereafter be
acquired by the City in the manner provided by law, or which the City may by law
govern, control or regulate.
SECTION 2. The City Council shall have power to arrange by ordinance
for the financing and repair, replacement, rehabilitation or extension of any public
utility owned and operated by the City, provided, however, that such financing
shall be arranged upon the credit of the utility itself and not upon the issuance of
general obligation bonds of the City.
SECTION 1. Claims for damages and the filing of such claims against the
City, its officers, employees or volunteers acting in such capacity, are governed
by State law.
SECTION 1. No exclusive franchise shall ever be granted.
SECTION 2. No franchise or right to occupy or use the streets, highways,
bridges, or public places of the City shall be granted, renewed or extended
except by ordinance
SECTION 3. No franchise shall be granted unless there be inserted
therein a provision that the City may acquire the public utility for the exercise of
which the franchise is granted, either by agreement or by condemnation, and that
upon such purchase by the City, either by agreement or condemnation, no value
of the franchise itself shall be taken into account in fixing the price to be paid by
the City for such utility.
SECTION 4. No franchise shall be granted by the City for a longer term
than twenty-five years.
SECTION 5. No franchise shall be renewed or extended earlier than three
years prior to its expiration.
SECTION 6. No franchise shall be granted without provision for proper
compensation to the City. Such compensation shall when feasible be a
percentage upon the gross earnings of the person or corporation to whom such
franchise is granted arising from the exercise of such franchise. When the
determination of the gross earnings by the exercise of the franchise is not
feasible the ordinance granting said franchise shall prescribe such other mode of
determining the compensation to be paid the City by the grantee as shall be
deemed reasonable and just.
SECTION 7. The grantee or assignee of any franchise granted by the City
shall submit to the City Council within sixty days after the first day of January of
each year, an annual report verified by the oath of such person or the president,
treasurer or general manager of such corporation, which shall contain such
detailed information as may be prescribed by the City Council to enable it to
determine the amount of compensation to be paid to the City for the use of said
franchise during the preceding year. Any such person, persons, or corporations
which shall refuse or fail to make any such report within the time specified shall
be liable to a penalty established in accord with State law, ordinance and specific
franchise agreements for each and every day during which he or it shall fail to file
such report, such penalty to be sued for and recovered by the City in any court
having jurisdiction thereof.
SECTION 8. No franchise granted by the City shall ever be leased,
assigned or otherwise alienated without the express consent of the City Council
by ordinance passed for that purpose, and no rule of estoppel shall ever be
invoked against the City in case it shall assert the invalidity of any attempted
transfer in violation of this SECTION.
SECTION 9. The grant of every franchise for a street, suburban, or
interurban railroad or bus line shall provide that all United States mail carriers,
city officials, policemen and firemen shall at all time while in the actual discharge
of their duties be allowed to ride upon such cars or buses under said franchise
without paying therefore, and with all rights of other passengers.
SECTION 10. No franchise, right, privilege, or license shall be considered
as granted by any ordinance except when expressed therein in plain and
unambiguous terms, and if any ambiguity appears therein it shall be construed in
favor of the city and against the claimant under said ordinance.
ARTICLE XII
Power to Incur Indebtedness
SECTION 1. The City may borrow money and become indebted in any
legal way, subject, as to the amount and manner of incurring indebtedness, to
the provisions and limitations of the constitution and laws of the state and this
charter; and subject to the same provisions and limitations, the City may issue
bonds to secure any existing or contemplated indebtedness.
SECTION 2. When a popular vote is not required by law, the City Council
by ordinance may authorize any indebtedness and the issuance of bonds.
SECTION 1. This charter may be amended in the manner provided by the
laws of the State of Washington. Special elections for amending this charter may
be called by the City Council or shall be called upon petition of qualified voters of
the City of a number not less than fifteen percent of the total number of votes
cast at the last preceding general state election, and otherwise as set forth in
State law.
SECTION 1. Upon the taking effect of this charter all title, right and
interest of the former corporation in and to any and all property, real or personal,
of whatever kind of character, shall vest in and be owned by the corporation
created by this charter.
SECTION 2. All ordinances and resolutions in force at the time this charter
shall go into effect and not inconsistent herewith, shall remain in force until
amended or repealed or until they expire by limitation. All rights and obligations in
favor of or against the City existing at the time this charter shall go into effect
shall continue without modification. All street and other improvements, all
vacations of public streets, alleys or places, all assessments for improvements,
all suits and actions in court, all fines, penalties and forfeitures and all other
matters relating to the City that may have been begun and not completed, shall
be completed according to the law and ordinances existing prior to the time this
charter shall go into effect, and all taxes and assessments levied and remaining
unpaid when this charter shall go into effect shall be collected as provided by the
law existing and in effect at the time the same were levied.
SECTION 3. At the election to be held for the purpose of adopting or
rejecting this charter amendment, articles numbered I to XIV, inclusive, shall be
submitted upon the ballot as a complete charter and shall be included in the vote
"For the Charter" and "Against the Charter," and in the event that a majority of all
votes cast thereon, shall be "For the Charter" said charter shall be adopted.
SECTION 1. The general purpose of this charter amendment is to
establish for the City of Yakima a system of personnel administration based on
merit principles and governing the appointment, promotion, transfer, layoff,
removal, discipline and welfare of its employees, and other incidents of city
employment.
SECTION 2. The following terms, whenever used in this Article, shall be
construed as follows:
(a) "Commission" means the civil service commission herein created, and
"Commissioner" means any one of the three members of any such commission.
(b) "Appointing power" -- Appointing power means the officer or person, board or
committee who is empowered to make appointments for employment in the city
civil service.
(c) "Appointment" includes all means of selecting, appointing, or employing any
person to any office, place, position, or employment in civil service.
(d) "City" means the City of Yakima, Washington.
(e) "Employees" mean all persons regularly employed by the City of Yakima,
Washington, either on a part-time or full-time basis with the exception of those
persons listed in SECTION 6.
SECTION 3. There is created a city civil service commission, which shall
be composed of three persons. The commission members shall be appointed by
the City Council in the following manner:
(a) One member shall be appointed by the City Council.
(b) The second member shall be appointed by the City Council from a list of three
names submitted to the Council chosen by a referendum of city employees,
excluding police and firemen. The City Clerk shall conduct the referendum and
shall formulate proper rules and regulations for said referendum.
(c) The third shall be appointed by the City Council from a list of three names
submitted to the council by the other two civil service commissioners.
(d) The term of office of the commissioners shall be for six years or until a
successor is selected and qualified, except that the first three members of the
commission shall be appointed for different times, as follows: The appointee from
the employee referendum list shall serve for a period of six years, the appointee
at large as designated in subsection (a) above to serve for a period of four years,
and the third appointee to serve for two years. All commissioners must be
registered voters of Yakima County. Any member of the commission may be
removed from office for incompetence, incompatibility, or dereliction of duty, or
malfeasance of office, or other good cause; provided, that no member of the
commission shall be removed until charges have been preferred, in writing, due
notice, and a full hearing held before the City Council. Any vacancy in the
commission shall be filled in the same manner as provided for selecting the
commissioner previously filling the vacancy. Two members of the commission
shall constitute a quorum and the votes of any two members concurring shall be
sufficient for the decision of all matters and the transaction of all business to be
decided by the commission. No member of the civil service commission shall
engage in active partisan or non-partisan politics and hold any salaried public
office or engage in city employment, other than his commission duties. The
members of the commission shall serve without compensation.
SECTION 4. Immediately after appointment the commission shall organize
by electing one of its members chairman and shall hold regular meetings at least
once a month, and such additional meetings as may be required for the proper
discharge of its duties. All meetings of the commission shall be open to the
public. It shall appoint a chief examiner who shall also serve as secretary of the
commission and such assistants as may be necessary. The chief examiner shall
keep the records for the commission, preserve all reports made to it, superintend
and keep a record of all examinations held under its direction and perform such
other duties as the commission may prescribe. The chief examiner shall be
appointed as a result of competitive examination, which examination may be
either original and open to all properly qualified persons, or promotional and
limited to persons already in the service of the City of Yakima, Washington. The
chief examiner shall be subject to suspension, reduction, or discharge in the
same manner and subject to the same limitations as are provided in the case of
members of the classified service. A pay and classification plan with job
descriptions providing equal pay for equal work shall be devised by the chief
examiner with the cooperation and approval of the civil service commission which
shall be submitted in ordinance form to the City Council for passage.
SECTION 5. It shall be the duty of the civil service commission:
(a) To make suitable rules and regulations not inconsistent with the provisions
hereof. Such rules and regulations shall provide in detail the manner in which
examinations may be held, and appointments, promotions, transfers,
reinstatements, demotions, suspensions, and discharges shall be made, and
may also provide for any other matters connected with the general subject of
personnel administration, and which may be considered desirable to further carry
out the general purposes of this Article, or which may be found to be in the
interest of good personnel administration. The rules and regulations and any
amendments thereof shall be printed, mimeographed, or multigraphed for free
public distribution. Such rules and regulations may be changed from time to time.
Prior to adoption of new rules or changes in existing rules all interested parties
shall be given an opportunity to express opinions concerning the proposed rules
at the regular public meetings of the commission.
(b) To give practical tests which shall consist only of subjects which will fairly
determine the capacity of persons examined to perform duties of the position to
which appointment is to be made. Such tests may include tests of physical
fitness or manual skill or both.
(c) To make investigations and report upon all matters concerning the
enforcement and effect of the provisions of this Article, and the rules and
regulations prescribed hereunder; to inspect all departments, offices, places,
positions, and employment affected by this Article, and ascertain whether this
Article and all such rules and regulations are being obeyed. Such investigations
may be made by the commission or by any commissioner designated by the
commission for that purpose. Not only must these investigations be made by the
commission as aforesaid, but the commission must make like investigation on
petition of any citizen, duly verified, stating that irregularities or abuses exist, and
setting forth in concise language, in writing, the necessity for such investigation.
In the course of such investigation the commission, or the chairman or chief
examiner when authorized by a majority vote of the commission, may issue
subpoenas to compel the attendance at such place as may be designated in this
City of witnesses and the production of books and papers pertinent to any inquiry
or investigation authorized by this Article; or may take depositions of witnesses.
Subpoenas shall also be used at the request of the parties to the proceedings
other than the commission and the chairman. The commission or any member
thereof, or the chief examiner, when authorized by the commission, may
administer oaths and take testimony. The commission or the chief examiner may
examine such public records, as they require in relation to any matter, which they
have authority to investigate.
(d) To conduct hearings and investigations in accordance with this Article and by
the rules of practice and procedure adopted by the commission, and in the
conduct thereof neither the commission, nor designated commissioner shall be
bound by technical rules of evidence. No informality in any proceedings or
hearing, or in the manner of taking testimony before the commission or
designated commissioner, shall invalidate any order, decision, rule, or regulation
made, or confirmed by the commission; provided, that no order, decision, rule or
regulation made by any designated commissioner conducting any hearing or
investigation alone shall be any force or effect whatsoever unless and until
concurred in by at least one of the other two members.
(e) To hear and determine appeals or complaints respecting the allocation of
positions, the rejection of an examinee, and such other matters as may be
referred to the commission.
(f) To provide for, formulate, and hold competitive tests to determine the relative
qualifications of persons who seek employment in any class or position, and as a
result thereof establish eligible lists for the various classes of positions, and
provide that persons laid off because of curtailment of expenditures, reduction in
force, and for like causes, head the list in the order of their seniority, to the end
that they shall be the first to be reemployed.
(g) It shall be the duty of the Civil Service Commission to certify to the appointing
authority, when a vacant position is to be filled, on written request, the names of
the three persons highest on the eligible list for the class. Any one of the three
persons so certified may be appointed. If there is no such list, to authorize a
provisional or temporary appointment list for such class. Such temporary
provisional appointment(s) shall not continue for longer than five months in any
one fiscal year.
(h) To keep such records as may be necessary for the proper administration of
this Article.
As amended by vote of the people November 8, 1983.
SECTION 6. The classified civil service and provisions of this Article shall
be applicable to and shall include all employees of the city except the following:
(a) Officers elected by the people and persons appointed to fill vacancies in
elective offices.
(b) Members of boards and commissions and the City Manager;
(c) Employees under civil service coverage within the police and fire
departments;
(d) All department heads; one confidential secretary and one administrative
assistant for the City Manager;
(e) Judges, City Attorney and all assistant city attorneys;
(f) Persons employed in a professional or scientific capacity to make or conduct a
temporary and special inquiry, investigation, or examination on behalf of the City
Council or a committee thereof, or by authority of the City Manager.
SECTION 7. All appointments to and promotions to positions in the
classified civil service of the City of Yakima shall be made solely on merit,
efficiency, and fitness, which shall be ascertained by open competitive
examination and impartial investigation. No person in the classified civil service
shall be reinstated in or transferred, suspended, or discharged from any such
place, position, or employment, contrary to the provisions of this Article.
SECTION 8. For the benefit of the public service and to prevent delay,
injury, or interruption therein by reason of the enactment hereof, all persons
holding a position which is deemed classified under SECTION 6 for a continuous
period of six months prior to the effective dates of this Article, and still currently
employed, are eligible for permanent appointment under civil service to the
offices, places, positions or employment which they then held without
examination or other act on their part, and not on probation; and every such
person is automatically adopted and inducted permanently into civil service, into
the office, place, position or employment which he then held as completely and
effectual to all intents and purposes as if such person had been permanently
appointed thereto under civil service after examination and investigation.
SECTION 9. The tenure of every person holding an office, place, position
or employment under the provisions of this Article shall be only during good
behavior, and any such person may be removed or discharged, suspended
without pay, demoted or reduced in rank, for any of the following reasons:
(a) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous
treatment of the public, or a fellow employee, or any other act of omission or
commission tending to injure the public service; or any other willful failure on the
part of the employee to properly conduct himself; or any willful violation of the
provisions of this Article or of the rules and regulations to be adopted hereunder;
(c) Mental or physical unfitness for the position which the employee holds;
(d) Dishonest, disgraceful, or prejudicial conduct;
(e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit
forming drug, liquid, or preparation to such extent that the use thereof interferes
with the efficiency or mental or physical fitness of the employee or which
precludes the employee from properly performing the function and duties of any
position under civil service;
(f) Conviction of a felony, or a misdemeanor involving moral turpitude;
(g) Any other act or failure to act which in the judgment of the civil service
commission is sufficient to show the offender to be an unsuitable and unfit
person to be employed in the public service.
SECTION 10. No person in the classified civil service who has been
permanently appointed or inducted into civil service under provisions of this
Article, shall be removed, suspended, or demoted except for cause, and only
upon written accusation of the appointing power or any citizen or taxpayer; a
written statement of which accusation, in general terms, shall be served upon the
accused; and a duplicate filed with the commission. Any person so removed,
suspended, or demoted may within ten days from the time of his removal,
suspension, or demotion, file with the commission a written demand for an
investigation, whereupon the commission shall conduct such investigation. The
investigation shall be confined to the determination of the question of whether the
removal, suspension, or demotion was made in good faith for cause. After such
investigation the commission may affirm the removal, or if it finds that removal,
suspension or demotion was not made in good faith or cause, shall order the
immediate reinstatement or reemployment of such person in the office, place,
position, or employment from which he was removed, suspended, or demoted,
which reinstatement shall, if the commission so provides be retroactive, and
entitle such person to pay or compensation from the time of the removal,
suspension, or demotion. The commission upon such investigation in lieu of
affirming a removal, may modify the order by directing a suspension without pay,
for a given period, and subsequent restoration to duty, or demotion in
classification, grade, or pay. The findings of the commission shall be certified, in
writing to the appointing power, and shall be forthwith enforced by such officer.
All investigations made by the commission pursuant to this SECTION shall be by
public hearing, after reasonable notice to the accused of the time and place
thereof, at which hearing the accused shall be afforded an opportunity of
appearing in person and by counsel, and presenting his defense. The subpoena
provisions of SECTION 5 of this Article shall apply to all such hearings. If the
order of removal, suspension, or demotion is concurred in by the commission or
a majority thereof, the accused may appeal therefrom to the superior court of the
county wherein he resides. Such appeal shall be taken by serving the
commission, within thirty days after the entry of its order, a written notice appeal,
stating the grounds thereof, and demanding that a certified transcript of the
record and of all papers on file in the office of the commission affecting or relating
to its order, be filed by the commission with the court. The commission shall,
within ten days after the filing of the notice, make, certify, and file such transcript
with the court. The court shall thereupon proceed to hear and determine the
appeal in a summary manner. Such hearing shall be confined to the
determination of whether the order of removal, suspension, or demotion made by
the commission, was or was not made in good faith for cause, and no appeal
shall be taken except upon such ground or grounds. The decision of the superior
court may be appealed to the Supreme Court.
SECTION 11. Whenever a position in the classified service becomes
vacant, the appointing power, if it desires to fill the vacancy, shall requisition the
commission for the names and addresses of persons eligible for appointment
thereto. The commission shall certify the names of three persons highest on the
eligible list for the class to which the vacant position has been allocated, who are
willing to accept employment. In case of more than one vacancy in a particular
class one additional name shall be certified for each additional vacancy. If there
is no appropriate eligible list for the class, the commission shall certify the name
of three persons standing highest on the list held appropriate for such class. The
appointing power shall forthwith make is appointment to the vacant position from
the list of person so certified. To enable the appointing power to exercise a
choice in the filling of positions, no appointment, employment, or promotion in
any position in the classified service shall be deemed complete until after the
expiration of a period of six months' probationary service, as may be provided in
the rules of the civil service commission, during which the appointing power may
terminate the employment of the person certified to him, if during the
performance test thus afforded, upon observation or consideration of the
performance of duty, the appointing power deems him unfit or unsatisfactory for
employment by the City of Yakima. Thereupon the appointing power shall select
from the three persons certified as standing next highest on any such list and
such person shall likewise enter upon said duties for the probationary period,
until some person is found who is deemed fit for appointment, employment, or
promotion whereupon the appointment, employment, or promotion shall be
deemed complete.
SECTION 12. All offices, places, positions, and employment coming within
the purview of this Article shall be filled by the appointing power; nothing herein
contained shall infringe upon the authority that the City Council may have to fix
the salaries and compensation of all employees employed hereunder.
SECTION 13. No treasurer, clerk or other officer, or employee of the City
subject to this Article shall approve the payment of or be in any manner
concerned in paying, auditing, or approving any salary, wage, or other
compensation for services, to any person subject to the jurisdiction and scope of
this Article, unless a payroll, estimate, or account for such salary, wage, or other
compensation, containing the names of the persons to be paid, the amount to be
paid, and any other information which, in the judgment of the civil service
commission, should be furnished on such payroll, bears the certificate of the civil
service commission, or of its chief examiner or other duly authorized agent, that
the persons named therein have been appointed or employed in compliance with
the terms of this Article and the rules of the commission, and that the payroll,
estimate, or account is, insofar as known to the commission, a true and accurate
statement. The commission shall refuse to certify the pay of any public officer or
employee whom it finds to be illegally or improperly appointed, and may further
refuse to certify the pay of any public officer or employee who willfully or through
culpable negligence, violates or fails to comply with this Article or with the rules of
the commission.
SECTION 14. The commission shall begin and conduct all civil suits,
which may be necessary for the proper enforcement of this Article and rules of
the commission. The commission shall be represented in such suits by the city
attorney.
SECTION 15. The right of any person to an appointment or promotion or
to any position in classified service of the City shall not be withheld because of
his race, color, religion, national origin, political affiliation or belief, nor shall any
person be dismissed, demoted, transferred or reduced in grade for such reason.
SECTION 16. No public officer, whether elected or appointed, shall
discharge, promote, demote, or in any manner change the official rank,
employment, or compensation of any person under civil service or promise or
threaten so to do for giving or withholding, or neglecting to make any contribution
of money, or services, or any other valuable thing, for any political purpose.
SECTION 17. All officers and employees of the City shall aid in all proper
ways in carrying out the provisions of this Article, and such rules and regulations
as may, from time to time, be prescribed by the commission and afford the
commission, its members, and employees, all reasonable facilities and
assistance in the inspection of books, papers, documents, and accounts applying
or in any way appertaining to any and all offices, places, positions, and
employment, subject to civil service, and also shall produce such books, papers,
documents, and accounts, and attend and testify, whenever required so to do by
the commission or any commissioner.
SECTION 18. The City Council shall provide in the city budget for each
fiscal year a sum equal to one half of one per cent of the preceding year's total
payroll of those included under the scope of this Article. The funds so provided
shall be used for the support of the commission. The City Council may provide
additional funds for such purpose; any part of the funds so provided and not
expended shall be placed in the current expense fund on the first day of January
following the close of such fiscal year.
22
CCLERK/CHARTER Revised 8-11
SECTION 19. This Article shall be full force and effect on and after the first
Monday in June, 1959.
SECTION 20. If any SECTION, sentence, clause, or phrase of this Article
should be held to be invalid or unconstitutional, the validity or constitutionality
thereof shall not affect the validity or constitutionality of any other SECTION,
sentence, clause, or phrase of this Article.
As adopted by vote of the people August 16, 2011. Effective date August 31,
2011.
