Chapter 1.12
CITY OFFICERS

Sections:

1.12.010    Elective and appointive officers.

1.12.020    Mayor’s duties.

1.12.030    Councilmen – Duties.

1.12.050    City treasurer – Powers – Duties.

1.12.060    Merger – Offices of clerk and treasurer.

1.12.070    Finance director – Powers – Duties.

1.12.075    Finance director – Bond required – Amount.

1.12.078    Deputy finance director – Appointment – Powers – Duties.

1.12.080    City clerk – Powers – Duties.

1.12.110    Police judge – Duties.

1.12.120    Police judge – Bond required – Amount.

1.12.130    City attorney – Duties.

1.12.150    Assistant city attorney – How appointed – Duties.

1.12.160    Fire chief – Powers – Duties.

1.12.170    Fire chief – Appointment – Removal.

1.12.210    Assistant fire chief – Appointment – Powers – Duties.

1.12.220    Library trustees – Appointment.

1.12.235    Director of public works – Appointment – Duties.

1.12.260    Repealed.

1.12.261    City administrator – Office established – Appointment and removal.

1.12.262    City administrator – Scope of authority.

1.12.263    City administrator – Duties, powers and responsibilities.

1.12.264    City administrator – Salary.

1.12.270    Eligibility to hold office.

1.12.271    Chief of police – Duties.

1.12.272    Chief – Bond required.

1.12.274    Chief – Appointment – Removal from office.

1.12.276    Deputy police chief – Appointment – Powers – Duties.

1.12.280    Bonds – Requisites.

1.12.300    Council – Authority to combine offices – Salary limitations.

1.12.010 Elective and appointive officers.

(1) The elective officers of the city of Hoquiam shall be those prescribed by the laws of the state of Washington for noncharter code cities.

(2) The appointive officers of the city of Hoquiam are as follows:

(a) City administrator;

(b) Fire chief;

(c) Director of public works;

(d) Chief of police;

(e) City attorney;

(f) Finance director;

(g) Municipal court judge; and

(h) Director of parks and recreation. (Ord. 91-31 § 1, 1991; Ord. 2875 § 1, 1979; Ord. 2806 § 1, 1977; Ord. 2099 § 1, 1959).

1.12.020 Mayor’s duties.

The duties of the mayor shall be such as prescribed by the laws of the state of Washington and the ordinances of the city. (Ord. 1216 § 2, 1927).

1.12.030 Councilmen – Duties.

The duties of councilmen shall be such as prescribed by law and ordinances of the city of Hoquiam. (Ord. 1216 § 3, 1927).

1.12.050 City treasurer – Powers – Duties.

It shall be the duty of the city treasurer to receive and safely keep all moneys belonging to the city, from whatever source derived; to place the same to the credit of the different funds to which they properly belong in books kept for that purpose; to disburse said money by direction of the city council, and in accordance with the provisions made by them and the provisions of the laws of the state of Washington, and to make monthly report to the city council of the condition of the treasury.

The city treasurer shall keep a complete set of books for the city, in which shall be set forth in plain and business-like manner every money transaction of the city, so that the exact condition of the city’s finances can be ascertained at any time.

The treasurer shall also issue a call for outstanding warrants on any fund upon which warrants have been previously drawn whenever there may be funds in the treasury to pay any or all of such warrants; provided, however, that nothing in this chapter shall be construed as authorizing or permitting the payment of warrants by the city treasurer in any other form or manner than in order of their number of issue against said fund, such call shall be made by publication in the official newspaper of said city for the period of one week, and interest upon such warrants shall cease on the date of such call.

The city treasurer may employ such clerical assistants as may be necessary, in addition to the deputy hereinafter mentioned, subject, however, to the approval and confirmation of the mayor and city council as to the number of such employees and the salaries to be paid. (Ord. 1216 § 5, 1927).

1.12.060 Merger – Offices of clerk and treasurer.

The office of city clerk is merged with the office of city treasurer and shall be known as the office of the finance director. The finance director shall be appointed by the mayor, subject to confirmation of the city council.

The words “city clerk” and “city treasurer,” whenever used in the state law and city code, mean finance director. Any act in the state law or city code required or authorized to be performed by the city clerk or city treasurer shall be performed by the finance director. (Ord. 91-31 § 2, 1991; Ord. 2806 § 1, 1977; Ord. 1216 § 5, 1927).

1.12.070 Finance director – Powers – Duties.

(1) The duties of the finance director are those prescribed by the laws of the state of Washington and the ordinances of the city for city clerks, city treasurers and finance directors. The financial duties include: financial planning, investing public funds, preparing the annual budget in conjunction with the city administrator, data processing, receiving and safely keeping all city revenue and funds, keeping a complete set of books for the city that sets forth every money transaction of the city in a plain and business-like manner, supervising the accurate and timely payment of city indebtedness and timely collection of city revenues and receivables, providing the accounting for all utilities, cemetery, firemen’s pension fund, special assessments, providing statistical data accumulation, purchasing and services necessary for the finance department, supervising finance department personnel, reporting at least quarterly to the city council on the condition of the treasury and other duties, as the mayor directs or as required by ordinance or resolution of the city council.

(2) The clerical duties include: keeping the corporate seal and all papers belonging to the city, attending city council meetings, keeping a journal of its proceedings and records of all resolutions and ordinances, preparing and mailing the minutes of the preceding council meeting to the elected and appointed city officers, signing all warrants and licenses issued pursuant to city ordinances, signing all deeds, leases, contracts, bonds, and other documents when authorized by the council, keeping a record of all licenses issued with the names of the persons to whom issued, the date of issue, the period of the license’s validity, and the fee paid, and performing other duties as the mayor or city administrator directs or as required by ordinance or resolution of the council. (Ord. 95-15 § 1, 1995; Ord. 91-31 § 3, 1991; Ord. 2806 § 1, 1977; Ord. 1216 § 6, 1927).

1.12.075 Finance director – Bond required – Amount.

The finance director shall, before entering upon the duties of the office, execute a surety company bond to the city of Hoquiam in the penal sum of fifty thousand dollars, conditioned as required by law, which bond shall be approved by the mayor and city council and filed in the office of the finance director. (Ord. 2806 § 1, 1977).

1.12.078 Deputy finance director – Appointment – Powers – Duties.

The finance director shall appoint a deputy finance director (deputy clerk-treasurer), which appointment shall be subject to the approval and confirmation of the mayor. The deputy finance director shall perform such duties as may be required from time to time by the finance director, the mayor or the city administrator. The deputy finance director shall fill the finance director’s position during the absence or inability of the finance director to act. The finance director shall be responsible for the acts of such deputy. (Ord. 11-16 § 1, 2011; Ord. 95-15 § 2, 1995; Ord. 2806 § 1, 1977).

1.12.080 City clerk – Powers – Duties.

It shall be the duty of the city clerk to keep the corporate seal, and all papers and documents belonging to the city; to file them in his or her office under proper head; to attend the sittings of the city council and keep a journal of its proceedings and records of all its resolutions and ordinances; on or before Wednesday evening of each week to prepare and mail minutes of the preceding council meeting to the elected and appointed officers of the city; to sign all warrants and licenses issued in pursuance of the orders and ordinances of the city council, and to affix the corporate seal to such licenses; to sign all deeds, leases, contracts, bonds and other documents when authorized by the council; to keep an accurate account, in a suitable book, under proper heads, of all expenditures, of all orders drawn upon the city finance director, and of all warrants issued in pursuance thereof; and to keep an account, in an appropriate book, of all licenses issued, with the names of the persons to whom issued, the date of the issue, time for which the same was granted, and the sums paid therefor, and to perform such other duties as may be required of him or her by the provisions of the laws of the state of Washington or by the ordinances of the city.

The city clerk may employ such clerical assistants as may be necessary, subject, however, to the approval and confirmation of the mayor and city council as to the number of such employees and the salaries to be paid. (Ord. 2221 § 1, 1962; Ord. 1216 § 7, 1927).

1.12.110 Police judge – Duties.1

The duties of the police judge shall be such as are prescribed by the laws of the state of Washington and the ordinances of the city. The police judge shall submit at the first regular meeting of the city council in each month, in writing, a report in full of the operation of said office. (Ord. 1216 § 9, 1927).

1.12.120 Police judge – Bond required – Amount.

The police judge shall, before entering upon the duty of his office, execute a surety company bond to the city of Hoquiam in the penal sum of one thousand five hundred dollars, conditioned as required by law, which bond shall be approved by the mayor and city council and filed with the city finance director. (Ord. 1216 § 9, 1927).

1.12.130 City attorney – Duties.2

The city attorney shall be appointed by the mayor subject to confirmation by the city council. The city attorney and any assistants are the legal advisers to the mayor, the city council, and the officers of the city in matters pertaining to their respective offices. The city attorney shall represent the city in all courts in litigation in which the city is a party or directly interested, prosecute all violations of city ordinances, draft ordinances and resolutions, prepare the legal department’s annual budget, make recommendations to the city administrator regarding the hiring, suspension, or discharge of the legal department’s staff, and shall act generally as the attorney for the city and the several departments of the city government. He or she shall perform other duties as the mayor or city administrator directs or as required by ordinance or resolution of the city council. (Ord. 95-15 § 3, 1995; Ord. 91-31 § 4, 1991; Ord. 2806 § 1, 1977; Ord. 1216 § 10, 1927).

1.12.150 Assistant city attorney – How appointed – Duties.3

If funded by the council, the city attorney may employ assistants to perform the duties assigned by the city attorney. (Ord. 91-31 § 5, 1991; Ord. 2806 § 1, 1977; Ord. 1216 § 10, 1927).

1.12.160 Fire chief – Powers – Duties.

The fire chief is responsible for planning, organizing, and directing all functions of the city’s fire department to protect life and property through efficient fire prevention, extinguishing, and emergency medical care. The fire chief shall:

(1) Plan, organize, and direct the work of all fire and emergency medical personnel;

(2) Select staff in accordance with civil service rules, oversee training, evaluate performance, oversee departmental personnel practices, review and approve disciplinary decisions of subordinate managers;

(3) Respond to major accidents and fires;

(4) Direct and participate in inspections and arson investigations;

(5) Prepare the department’s annual budget, monitor and approve all fiscal operations of the department, and supervise the purchase and acquisition of equipment;

(6) Assure the maintenance of all apparatus, equipment, buildings, and property of the department;

(7) Establish and implement policies, procedures, and standards for the efficient and effective operation and maintenance of programs;

(8) Identify state and federal legislative issues related to department activities and advise the mayor and council of their potential impact on the department;

(9) Ensure maintenance of accurate and complete records for the department’s activities and services, personnel and property; and

(10) Research and recommend ordinances, resolutions and reports for the mayor, city administrator and council on fire and emergency medical services matters, and perform other duties as the mayor or city administrator directs or as may be required by ordinance or resolution of the council. (Ord. 96-22 § 1, 1996; Ord. 95-15 § 4, 1995; Ord. 91-31 § 6, 1991; Ord. 1216 § 15, 1927).

1.12.170 Fire chief – Appointment – Removal.

(1) The chief of the fire department shall be appointed by the mayor, subject to the approval and confirmation of the city council.

(2) Upon satisfactory completion of any probationary period, a fire chief may be removed by the mayor only for just cause. Before such removal, the appointee shall be advised in writing of the grounds constituting just cause for termination and shall be given the opportunity to respond to the notice of the removal.

(3) If the mayor has removed the fire chief for cause and the chief has been given the opportunity to respond, the chief may challenge his or her removal by appeal to the city council within thirty days of the chief’s removal by filing a written request for review with the finance director.

(4) The appointee shall have the right to be represented by legal counsel at the appointee’s expense, to call and cross-examine witnesses, and to present evidence. The appeal shall be in executive session unless the appointee requests a public hearing.

(5) A record of the appeal shall be maintained, together with all exhibits and documentary evidence. The city council may retain independent counsel to advise it during the appeal.

(6) If the city council finds that the removal was made in good faith and for just cause, the removal shall be affirmed. If the council finds that removal was made for insufficient reason or in bad faith upon improper motives, it shall order reinstatement with retroactive pay, benefits, and cost of the appeal, including attorney’s fees.

(7) The decision of the city council may be appealed to the superior court by filing an appeal with the Grays Harbor County Superior Court and serving notice on the finance director within thirty days following the entry of the city council’s findings. The cost of preparing transcripts and exhibits shall be borne by the appealing party. After filing the transcript and exhibits with the court, the court shall affirm the decision unless it finds that the decision was arbitrary and capricious. (Ord. 96-22 § 2, 1996).

1.12.210 Assistant fire chief – Appointment – Powers – Duties.

The chief of the fire department shall appoint an assistant fire chief, which appointment shall be subject to the approval and confirmation of the mayor. The assistant fire chief shall perform such duties as may be required from time to time by the fire chief, the mayor or the city administrator. The assistant fire chief shall fill the fire chief’s position during the absence or inability of the fire chief to act. The fire chief shall be responsible for the acts of the assistant fire chief. (Ord. 11-15 § 1, 2011; Ord. 95-15 § 5, 1995; Ord. 91-31 § 7, 1991; Ord. 1216 § 16, 1927).

1.12.220 Library trustees – Appointment.

Trustees of the public library shall be appointed from time to time by the mayor, subject to the confirmation of the city council, as now required by the ordinances of the city with reference to such public library. (Ord. 1216 § 17, 1927).

1.12.235 Director of public works – Appointment – Duties.

The mayor, subject to the confirmation of the city council, may appoint a person qualified by training and experience as director of public works. The director of public works shall supervise, direct and coordinate all departments within the public works department to provide the most efficient service. The director of public works shall serve as traffic engineer as provided in RCW 46.90.260, be in charge of the equipment rental fund, prepare and submit the department’s annual budget, make recommendations to the city administrator regarding the hiring, suspension, or discharge of employees in the public works department, coordinate crews if expedient and appropriate, and report to the city administrator, mayor and council on the operations of the department and the future needs and plans of the city. The director of public works shall also perform other duties as the mayor or city administrator directs or as may be required by ordinance or resolution of the city council. (Ord. 95-15 § 6, 1995; Ord. 91-31 § 8, 1991; Ord. 2875 § 2, 1979; Ord. 2806 § 1, 1977; Ord. 2223 § 1, 1962).

1.12.260 Director of parks and recreation.

Repealed by Ord. 08-14. (Ord. 95-15 § 7, 1995; Ord. 91-31 § 9, 1991; Ord. 2875 § 2, 1979).

1.12.261 City administrator – Office established – Appointment and removal.

The office of the city administrator is created. The mayor shall appoint a city administrator, subject to confirmation of the city council, who shall serve as the administrative chief of staff for the mayor and liaison officer for the city government and the mayor. All authority and responsibility of the city administrator is derived from the mayor. The mayor retains the ultimate authority and responsibility for the administrative operations of the city. The administrator may be removed as provided by law. (Ord. 91-31 § 10, 1991; Ord. 88-27, 1988).

1.12.262 City administrator – Scope of authority.

The city administrator shall assist the mayor and council in the performance of their duties and shall do all things required of him/her by the mayor and the city council in the administration of the business of the city. (Ord. 88-27, 1988).

1.12.263 City administrator – Duties, powers and responsibilities.

The city administrator shall have the following specific duties, powers and responsibilities, all subject to the direction, supervision, and authority of the mayor, in addition to others provided in this chapter or otherwise:

(1) The city administrator shall supervise, administer, and coordinate the activities and functions of the various city officers, all departments, commissions, and boards via the department heads in accordance with city ordinances, good government, state and federal statutes and the policies of the mayor and council to assure the effective and efficient utilization of city employees, funds, materials, facilities, and time and optimum services to the community;

(2) The city administrator shall:

(a) Regularly report to the mayor concerning the status of the assignments, duties, projects, and functions of the various city offices, departments, boards, and commissions;

(b) Serve as personnel officer for the city who shall develop job descriptions in conjunction with the appropriate department head, personnel policies for city employees, adopt and implement policies directed by the state and federal governments affecting personnel matters to department heads, and, subject to the approval of the mayor, hire, suspend, and discharge city employees, when necessary, except those officers required by state law or city ordinances to be elected by the voters of the city;

(c) Advise the department heads on, and oversee the preparation of the annual budget by the finance director, submit the budget to the mayor and council, and be responsible for its administration after adoption;

(d) Establish administrative objectives of the budget, identify budget constraints, monitor the city’s financial condition by regularly evaluating revenues and expenditure trends and keep the city’s operation within the limitations of the annual budget and any long range planning projected for the city, and recommend to the council changes in service levels, service fees, utility rates, and taxes as necessary to maintain a sound financial condition;

(e) Assist the mayor and council generally in conducting the city’s business in all matters, negotiate labor agreements, serve as liaison officer for the mayor, and perform other duties as the mayor directs, or as required by ordinance or resolution of the city council;

(f) Meet with the mayor and council as often as necessary to keep them informed of the status and result of departmental operations and projects;

(g) Represent the city at meetings with other governmental units, agencies, commissions, and associations as directed by the mayor;

(h) Be informed about available federal and state grants and loans that could be of benefit in the operation of the city, notify the appropriate department of its availability, and, if directed by the council, apply for or authorize the appropriate department to apply for the grant or loan; and

(i) If the city has no director of public works, act as director of public works. (Ord. 95-15 § 8, 1995; Ord. 91-31 § 11, 1991; Ord. 91-10 § 1, 1991; Ord. 88-27, 1988).

1.12.264 City administrator – Salary.

The salary of the city administrator shall be recommended by the mayor and as approved in the annual budget. (Ord. 88-27, 1988).

1.12.270 Eligibility to hold office.4

Eligibility to hold an elective or appointive office in the city of Hoquiam shall be as prescribed by the laws of the state of Washington. (Ord. 2286 § 1, 1964; Ord. 1216 § 23, 1927).

1.12.271 Chief of police – Duties.

The chief of police is responsible for planning, organizing, and directing all functions of the city’s police department to protect life, liberty, and property through efficient law enforcement and preservation of peace.

The chief of police shall:

(1) Plan, organize, and direct the work of police department officers and employees, oversee training and departmental personnel practices, participate in negotiating bargaining unit contracts;

(2) Respond to major crimes and accidents;

(3) Prepare the department’s annual budget, monitor the fiscal operations of the department, supervise and monitor department expenditures, purchases, and acquisition of equipment;

(4) Assure maintenance of all equipment, buildings, and property of the department;

(5) Establish and implement policies, procedures, and standards for the efficient and effective operation and maintenance of programs;

(6) Make recommendations to the mayor, city administrator, and city council on ordinances and resolutions affecting law enforcement;

(7) Identify state and federal legislative issues related to law enforcement or departmental activities and advise the mayor, city administrator, and council of the potential impact on the city or department;

(8) Develop, organize, and submit grant applications for departmental or law enforcement purposes to state, federal, and private funding agencies;

(9) Ensure the maintenance of accurate and complete records of the department; and

(10) Perform other duties as the mayor or city administrator directs or as required by ordinance or resolution of the council. (Ord. 95-15 § 9, 1995; Ord. 91-31 § 12, 1991).

1.12.272 Chief – Bond required.

The chief of police, before entering upon the duties of his office, shall execute a surety company bond to the city of Hoquiam in the penal sum of one thousand dollars, conditioned as required by law, which bond shall be approved by the mayor and city council and filed with the city finance director. (Ord. 91-31 § 13, 1991).

1.12.274 Chief – Appointment – Removal from office.

(1) The police chief shall be appointed by the mayor, as confirmed by the council.

(2) When a vacancy occurs in the position of police chief, the selection process shall be open to eligible applicants from both within and outside the department and shall be designed to determine the most qualified applicants on the basis of knowledge, abilities, experience and education.

(3) Upon satisfactory completion of any probationary period, a police chief may be removed by the mayor only for just cause. Before such removal, the appointee shall be advised in writing of the grounds constituting just cause for termination and shall be given the opportunity to respond to the notice of the removal.

(4) If the mayor has removed the police chief for cause and the chief has been given the opportunity to respond, the chief may challenge his or her removal by appeal to the city council within thirty days of the chief’s removal, by filing a written request for review with the finance director.

(5) The appointee shall have the right to be represented by legal counsel at the appointee’s expense, to call and cross-examine witnesses, and to present evidence. The appeal shall be in executive session unless the appointee requests a public hearing.

(6) A record of the appeal shall be maintained, together with all exhibits and documentary evidence. The city council may retain independent legal counsel to advise it during the appeal.

(7) If the city council finds that the removal was made in good faith and for just cause, the removal shall be affirmed. If the council finds that removal was made for insufficient reason or in bad faith upon improper motives, it shall order reinstatement with retroactive pay, benefits, and cost of the appeal, including attorney’s fees.

(8) The decision of the city council may be appealed to the superior court by filing an appeal within the Grays Harbor County Superior Court and serving notice on the finance director within thirty days following the entry of the city council’s findings. The cost of preparing transcripts and exhibits shall be borne by the appealing party. After filing the transcript and exhibits with the court, the court shall affirm the decision unless it finds that the decision was arbitrary and capricious. (Ord. 91-31 § 13, 1991; Ord. 91-9 § 2, 1991).

1.12.276 Deputy police chief – Appointment – Powers – Duties.

The chief of the police department shall appoint a deputy police chief, which appointment shall be subject to the approval and confirmation of the mayor. The deputy police chief shall perform such duties as may be required from time to time by the police chief, the mayor or the city administrator. The deputy police chief shall fill the police chief’s position during the absence or inability of the police chief to act. The police chief shall be responsible for the acts of the deputy police chief. (Ord. 11-14 § 1, 2011).

1.12.280 Bonds – Requisites.

All bonds required by this chapter shall be conditioned for the faithful performance of the duties of such offices, including in the same bond, the duties of all offices of which the incumbent may be made ex officio incumbent. All the provisions of any law of this city relating to official bonds of officers shall apply to such. (Ord. 1216 § 24, 1927).

1.12.300 Council – Authority to combine offices – Salary limitations.

The city council may at any time, by resolution, order and direct that two or more of the offices enumerated in this chapter shall be filled by one person, in which event the salary of such consolidated offices shall be such as may be fixed by the city council, but shall not exceed the consolidated amounts set forth in this chapter for such salaries. (Ord. 1216 § 26, 1927).


1

See RCW 35.23.600.


2

See RCW 35.23.140. See also Chapter 1.57, Ordinances.


3

See RCW 35.23.200.


4

See RCW 35.23.030.