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Article I - Government
1.01 Incorporation
1.02 Powers of the City
1.03 Construction
1.04 Intergovernmental Relations
1.05 Form of Government
1.01 Incorporation. The municipal corporation
now existing and known as Kelso shall remain and continue a body
politic and corporate in name and in fact by the name of KELSO.
1.02 Powers of the City. The city shall have
all the powers granted to charter code cities by the constitution
and general laws of the state and all powers implied hereby, and
shall exercise all municipal functions and have all municipal rights,
privileges, and immunities except as prohibited by law or by this
charter. The enumeration of particular powers by this charter shall
not be deemed to be exclusive. The city shall directly or indirectly
provide for police, fire and public safety services and for public
works and improvements.
1.03 Construction. The powers of the city
under this charter shall be construed liberally in favor of the
city, and the specific mention of particular powers in the charter
shall not be construed as limiting in any way the general power
granted in this article.
1.04 Intergovernmental Relations. The city
may exercise any of its powers or perform any of its functions
and may participate in the financing thereof, jointly or in cooperation,
by contract or otherwise, with any governmental entity or agency.
1.05 Form of Government. The government provided
by this Charter shall be the Council-Manager form.
Article II - City Council Top
2.01 General Powers and Duties
2.02 Composition, Eligibility, Election and Terms
2.03 Mayor Section 2.04 Compensation, Expenses
2.05 Prohibitions
2.06 Vacancies, Forfeiture of Office, Filling of Vacancies
2.07 Judge of Qualifications
2.08 Independent Audit
2.09 Procedure
2.10 Action Requiring an Ordinance
2.11 Ordinances in General
2.12 Emergency Ordinance
2.13 Codes of Technical Regulations
2.14 Authentication and Recording, Codification, Printing
2.01 General Powers and Duties. All powers
of the city shall be vested in the city council, except as otherwise
provided by law or this charter, and the council shall provide
for the exercise thereof and for the performance of all duties
and obligations imposed on the city by law.
2.02 Composition, Eligibility, Election and Terms.
(a) Composition. There shall be a city council composed of seven
members to be elected at large. The mayor shall be elected as
provided in Section 2.03.
(b) Eligibility. Only those registered voters of the city who shall have
resided in the city for one year prior to the election shall be eligible
to hold the office of council member
(c) Election. The registered electors of the city shall elect a council of
seven members, at large in the following manner. At the election approving
this Charter, the candidates receiving the highest number of votes for each
position shall serve. In the event of a tie vote, the election shall be decided
by lot. Such lot shall be conducted no later than the second Tuesday after
certification of the election.
(d) Terms. Candidates for positions 1, 2 and 3 shall be elected for a four-year
term. In order to stagger the terms of office, candidates for positions 4,
5, 6 and 7 shall be elected for a two- year term. After completion of this
initial term, the term of office for positions 4, 5, 6 and 7 will be for
four years.
2.03 Mayor. At its first meeting in January
following their election to office, the city council shall elect
from among its members officers of the city who shall have the
titles of mayor and deputy mayor, each of whom shall serve at the
pleasure of the council for two years or until removed from the
office by a vote of no less than four members of the council. The
mayor shall preside at meetings of the council, represent the city
in intergovernmental relationships, appoint with the advice and
consent of the council the members of citizen advisory boards and
commissions, present an annual state of the city message, and other
duties specified by the council. The mayor shall be recognized
as head of the city government for purposes of military law but
shall have no administrative duties. It shall be the responsibility
of the mayor to appoint the six remaining council members for liaison
purposes to improve communications between City government and
Kelso citizens to each of six geographical areas of the city as
determined by and from time to time modified by the city council.
The deputy mayor shall act as mayor during the absence or disability
of the mayor.
2.04 Compensation; Expenses. The city council
may determine the annual salary of the mayor and council members
by ordinance, but no ordinance increasing such salary shall become
effective until the date of commencement of the terms of council
members elected at the next regular election. The mayor and council
members shall be eligible for only authorized expenses incurred
in the performance of their duties of office.
2.05 Prohibitions.
(a) Holding Other Office. Except where authorized by
law, no council member shall hold any other elected public office
during the term for which the member was elected to the council.
No council member shall hold any other City of Kelso office or
City of Kelso employment during the term for which the member
was elected to the council. No former council member shall hold
any compensated appointive office or employment with the city
until one year after the expiration of the term for which the
member was elected to the council. Nothing in this section shall
be construed to prohibit the council from selecting any current
or former council member to represent the city on the appointive
governing boards of other regional or intergovernmental agencies.
(b) Appointments and Removals. Neither the city council
nor any of its members shall in any manner control or demand
the appointment or removal of any city administrative officer
or employee whom the city manager or any subordinate of the
city manager is empowered to appoint, but the council may
express its views and fully and freely discuss with the city
manager anything pertaining to appointment and removal of
such officers and employees.
(c) Interference with Administration. Except for
the purpose of inquiries, the council or its members
shall deal with city officers and employees who are subject
to the direction and supervision of the city manager
solely through the city manager, and neither the council
nor its members shall give orders to any such officer
or employee, either publicly or privately.
2.06 Vacancies; Forfeiture of Office; Filling of Vacancies.
(a) Vacancies. The office of a council member shall become
vacant upon the member's death, resignation, removal from office
or forfeiture of office in any manner authorized by law; in addition,
the office of a council member shall also become vacant if any
council member fails to attend six scheduled regular and/or special
meetings of the council during a calendar year unless on authorized
City-related business, which shall be approved by a majority
of the council.
(b) Forfeiture of Office. A council member shall forfeit
that office if the council member:
(1) lacks at any time during the term of office any qualification
for the office prescribed by this charter or by law, or
(2) violates any express prohibition of this charter, or
(3) is convicted of a crime involving moral turpitude, or
(4) discloses matters discussed in any executive session, unless authorized
by a majority vote of the council.
(c) Filling of Vacancies. A vacancy in the city council
shall be filled for the remainder of the unexpired term, if any,
at the next regular election following not less than 60 days
upon the occurrence of the vacancy, but the council by a majority
vote of all its remaining members shall appoint a qualified person
to fill the vacancy until the person elected to serve the remainder
of the unexpired term takes office.
2.07 Judge of Qualifications. The City Council
shall be the judge of the qualifications of its members. The council
shall have the power to set additional standards of conduct for
its members beyond those specified in the charter and may provide
for such penalties as it deems appropriate, including forfeiture
of office. A member charged with conduct constituting grounds for
forfeiture of office shall be entitled to a public hearing on demand.
Decisions made by the council under this section shall be subject
to judicial review.
2.08 Independent Audit. The city council
shall provide for an independent annual audit of all city accounts
and may provide for more frequent audits as it deems necessary.
Such audits shall be made by a certified public accountant or firm
of such accountants who have no personal interest, direct or indirect,
in the fiscal affairs of the city government or any of its officers.
The council may, without requiring competitive bids, designate
such accountant or firm annually or for a period not exceeding
three years, but the designation for any particular fiscal year
shall be made no later than 30 days after the beginning of such
fiscal year. If the State makes such an audit, the council may
accept it as satisfying the requirements of this section.
2.09 Procedure.
(a) Meetings. The council shall meet regularly at least
once in every month at such times and places as the council may
prescribe by rule. Special meetings may be held on the call of
the mayor or two or more members, provided notice of such meetings
is given in accordance with State law. Except as allowed by state
law, all meetings shall be public, with a portion of the meeting
set aside for public comment.
(b) Rules and Journal. The city council shall determine
its own rules and order of business and shall provide for
keeping a journal of its proceedings. This journal shall
be a public record.
(c) Voting. Voting, except on procedural motions,
shall be by roll call and the ayes and nays shall be
recorded in the journal. Four members of the council
shall constitute a quorum. No action of the council shall
be valid or binding unless adopted by a majority of those
present, except where a majority vote of the entire council
is required by State law. Every Council member including
the Mayor shall vote. Abstentions are not allowed except
for conflict of interest, which shall be determined by
the City Attorney.
2.10 Action Requiring an Ordinance. In addition
to other acts required by law or by specific provision of this
charter to be done by ordinance, those acts of the city council
shall be by ordinance which:
(1) Adopt or amend an administrative code or establish, alter,
or abolish any city department, office or agency;
(2) Provide for a fine or other penalty or establish a rule or regulation
for violation of which a fine or other penalty is imposed;
(3) Levy taxes;
(4) Grant, renew or extend a franchise;
(5) Regulate the rate charged for its services by a public utility;
(6) Authorize the borrowing of money;
(7) Convey or lease or authorize the conveyance or lease of any lands of
the city;
(8) Regulate land use and development; an
(9) Amend or repeal any ordinance previously adopted.
Acts other than those referred to in the preceding sentence may
be done either by ordinance or by resolution.
2.11 Ordinances in General.
(a) Form. Every proposed ordinance shall be introduced
in writing and in the form required for final adoption. No ordinance
shall contain more than one subject which shall be clearly expressed
in its title. The enacting clause shall be "The City of
Kelso hereby ordains . . .". Any ordinance which repeals
or amends an existing ordinance or part of the city code shall
set out in full the ordinance, sections or subsections to be
repealed or amended, and shall indicate matters to be omitted
by enclosing it in brackets or by strikeout type and shall indicate
new matters by underscoring or by italics.
(b) Procedure. At First Reading, the title of such
ordinance shall be read and upon request of any person present
shall be read in full. Copies of all such proposed ordinances
shall be kept available to the public at the office of the
city clerk. Ordinances granting a franchise shall be published
once each week for three consecutive weeks prior to finally
passing such ordinance.
At the Second Reading, the title of such ordinance shall be read, or upon
the request of any person present, the clerk shall read the proposed ordinance
in full. All persons interested shall be given an opportunity to be heard
on the proposed ordinance.
After such opportunity for public comment, the city council may pass such
ordinance, with or without amendment. Passage of an ordinance requires at
least a majority vote in its favor and the vote shall be taken by yeas and
nays, and entered in the public journal of city council proceedings. Every
ordinance or resolution passed by the city council shall be signed by the
mayor and filed with the city clerk, who shall record the same. When an ordinance
fails to pass and a motion is made to reconsider, the vote upon such motion
shall not be acted upon before the next meeting of the city council.
(c) Effective Date. Except as otherwise provided in this charter, every adopted
ordinance shall become effective 5 days after publication of the summary
of the ordinance or at any later date specified therein. All ordinances shall
be published promptly.
(d) "Publish" Defined. As used in this section, the term "publish" means
to print in one or more newspapers of general circulation in the city: (1)
The summary of the ordinance thereof, and (2) the places where copies of
it have been filed and the times when they are available for public inspection
and purchase at a reasonable price.
2.12 Emergency Ordinance. To meet a public
emergency affecting life, health, property or the public peace,
the city council may adopt one or more emergency ordinances, but
such ordinances may not levy taxes, grant, renew or extend a franchise,
regulate the rate charged by any public utility for its services
or authorize the borrowing of money. An emergency ordinance shall
be introduced in the form and manner prescribed for ordinances
generally, except that it shall be plainly designated as an emergency
ordinance and shall contain, after the enacting clause, a declaration
stating that an emergency exists and describing it in clear and
specific terms. An emergency ordinance may be adopted with or without
amendment or rejected at the meeting at which it is introduced,
but the affirmative vote of at least five members shall be required
for adoption. After its adoption, a summary of the ordinance shall
be published and printed as prescribed for other adopted ordinances.
Every emergency ordinance shall automatically stand repealed as
of the 61st day following the date on which it was adopted, but
this shall not prevent reenactment of the ordinance in the manner
specified in this section if the emergency still exists. An emergency
ordinance may also be repealed by adoption of a repealing ordinance
in the same manner specified in this section for adoption of emergency
ordinances. An emergency ordinance shall become effective upon
adoption or at such later time as it may specify.
2.13 Codes of Technical Regulations. The
city council may adopt any standard code of technical regulations
by reference thereto in an adopting ordinance. The procedure and
requirements governing such an adopting ordinance shall be as prescribed
for ordinances generally except that:
(1) The requirements of Section 2.12 for distribution and filing
of copies of the ordinance shall be construed to include copies
of the code of technical regulations as well as of the adopting
ordinance, and
(2) A copy of each adopted code of technical regulations as well as of the
adopting ordinance shall be authenticated and recorded by the city clerk.
Copies of any adopted code of technical regulations shall be made
available by the city clerk for distribution or for purchase at
a reasonable price.
2.14 Authentication and Recording; Codification; Printing.
(a) Authentication and Recording. The city clerk shall
authenticate by signing and shall record in full in a properly
indexed book kept for the purpose all ordinances and resolutions
adopted by the city council.
(b) Codification. Regularly the city council shall
provide for the preparation of a general codification of
all city ordinances having the force and effect of law. The
general codification shall be adopted by the council by ordinance
and shall be published promptly in bound or loose-leaf form,
together with this charter and any amendments thereto, pertinent
provisions of the constitution and other laws of the State
of Washington, and such codes of technical regulations and
other rules and regulations as the council may specify. This
compilation shall be known and cited officially as the Kelso
City Code. Copies of the code shall be furnished to city
officers, placed in libraries and public offices for free
public reference and made available for purchase by the public
at a reasonable price fixed by the council.
(c) Printing of Ordinances. The city council shall
cause each ordinance having the force and effect of law
and each amendment to this charter to be printed promptly
following its adoption, and the printed ordinances and
charter amendments shall be distributed or sold to the
public at reasonable prices as fixed by the council.
Following publication of the first Kelso City Code and
at all times thereafter, the ordinances and charter amendments
shall be printed in substantially the same style as the
code currently in effect and shall be suitable in form
for integration therein. The council shall make such
further arrangements as it deems desirable with respect
to reproduction and distribution of any current changes
in or additions to the provisions of the constitution
and other laws of the State of Washington, or the codes
of technical regulations and other rules and regulations
included in the code.
Article III - City Manager Top
3.01 City Manager - Appointment
3.02 City Manager - Removal
3.03 Acting City Manager
3.04 Powers and Duties of City Manager
3.01 City Manager - Appointment. The council
shall appoint a chief administrative officer of the city who shall
have the title of "city manager" and who shall serve
at the pleasure of the council. The appointment shall require the
affirmative vote of no less than four members of the council. The
manager shall be chosen solely on the basis of demonstrated qualifications
as an administrator with particular emphasis on training and actual
experience as a professional municipal administrator. The manager
need not be a resident of the state when appointed, but during
the tenure of office, the manager shall reside within the city.
No councilmember shall be eligible for appointment as manager within
two years following the expiration of his/her latest term as councilmember.
3.02 City Manager - Removal. The council
may remove the manager from office in accordance with the following
procedure:
(1) By first adopting by the affirmative vote of at least four
of its members a preliminary resolution stating the reasons for
the manager's removal. This resolution may also suspend the manager
from duty. In either case, the manager shall continue to receive
a salary until the final resolution of removal is adopted.
(2) Within fifteen days the manager may file with the council a reply in
writing and request a public hearing. This hearing shall be held not earlier
than fifteen days nor later than thirty days after filing the request.
(3) Not less than thirty days after the date of adoption of the preliminary
resolution and after such public hearing, if any, the council by the affirmative
vote of at least four of its members may adopt a final resolution of removal,
at which time the manager shall be paid any balance of salary then due or
accrued and an additional amount equal to two months' salary or as specified
by an employment contract.
Section 3.03 Acting City Manager. In the event of the absence,
suspension, or disability of the manager, or if a vacancy should
occur in the office, the council may designate a qualified administrative
officer of the city to perform the duties of the office until
the manager shall return to duty or until the appointment of
a successor.
3.04 Powers and Duties of City Manager. The
manager shall be the head of the administrative branch of the city
government. The manager shall be responsible to the council for
the proper administration of all city affairs under the manager's
jurisdiction. Subject to the personnel provisions of this Charter,
the manager shall:
(1) Give general direction to the programs and activities of
all city departments and offices under the manager's jurisdiction.
The manager shall update and maintain a city policy and procedures
manual which shall assist employees in carrying out such programs
and activities;
(2) Serve as personnel officer of the city and administer the city personnel
system, unless the council on the recommendation of the manager authorizes
the appointment of a personnel officer to administer the system;
(3) Appoint, and when the best interests of the city require, remove officers
and employees of the city unless otherwise provided by this Charter or by
general laws. The manager may authorize the head of a department or office
to appoint and remove subordinates in such department or office;
(4) Prepare the annual budgets, including a five-year capital expense budget,
and submit them to the council. Upon adoption of any budget by the council,
the manager shall be responsible for its administration;
(5) Prepare and submit to the council, at the close of each fiscal year,
a complete report on the finances and administrative activities of the city
for the preceding year;
(6) Keep the council informed on the financial condition and present and
future needs of the city, making such recommendations as deemed desirable;
(7) Perform such other duties as may be prescribed by this charter or required
by the council, not inconsistent with this Charter;
(8) Be authorized to sign such documents as necessary to execute City business,
subject to approval by a majority of the city council.
Article IV - Administration Top
4.01 General Provisions
4.02 Personnel System
4.03 Legal Officer
4.04 Planning
4.05 City Clerk
4.01 General Provisions.
(a) Creation of Departments. The city council may establish
city departments, offices or agencies in addition to those created
by this charter and may prescribe the functions of all departments,
offices and agencies, except that no function assigned by this
charter to a particular department, office or agency may be discontinued
or, unless this charter specifically so provides, assigned to
any other.
(b) Direction by City Manager. All departments, offices
and agencies under the direction and supervision of the city
manager shall be administered by an officer appointed by
and subject to the direction and supervision of the manager.
With the consent of city council, the city manager may serve
as the head of one or more such departments, offices or agencies
or may appoint one person as the head of two or more of them.
4.02 Personnel System.
(a) Merit Principle. All appointments and promotions
of city officers and employees shall be made solely on the basis
of merit and fitness demonstrated by a valid and reliable examination
or other evidence of competence.
(b) Merit System. Consistent with all applicable federal
and state laws, the city council shall provide by ordinance
for the establishment, regulation and maintenance of a merit
system governing personnel policies necessary to effective
administration of the employees of the city's departments,
offices and agencies, including but not limited to classification
and pay plans, examinations, force reduction, removals, working
conditions, provisional and exempt appointments, in-service
training, grievances and relationships with employee organizations.
4.03 Legal Officer. The manager, subject
to the approval of the council, shall appoint or remove the city
attorney who shall be an attorney admitted and qualified to practice
before the Supreme Court of the State of Washington. The city attorney
shall:
(1) Act as legal advisor to and counsel for the council and
manager in matters relating to their official duties;
(2) Represent the city in litigation in which the city is interested, unless
the manager, with the approval of the council, otherwise provides;
(3) Provide legal opinions on official matters when requested by the council
or manager;
(4) Draft and review for legal correctness, contracts, bonds, franchises,
and other instruments to which the city is a party;
(5) Draft ordinances as requested by city council;
(6) Perform such other duties as may be assigned by the administrative code
or otherwise by general laws or ordinances.
4.04 Planning. There shall be a city planner
who shall be appointed by the city manager to assist the mayor,
city council, and the planning commission as a technical advisor
regarding the city's comprehensive plan, zoning, and capital improvements;
prepare reports and recommendations relative to annexation review
and urban renewal plans and projects; and shall have such further
powers and perform such other duties as may be prescribed by ordinance.
The city planner shall have an educational background and practical
experience commensurate with the responsibility of the position.
4.05 City Clerk. The city manager shall appoint
an officer for the city who shall have the title of city clerk.
The city clerk shall give notice of council meetings to its members
and the public, keep a journal of its proceedings and perform such
other duties as are assigned by this charter or by the council
or the city manager, or by state law.
Article V - Financial Procedures Top
5.01 Fiscal Year
5.02 Budget
5.03 Budget Control
5.04 Accounting and Auditing
5.05 Fiscal Control
5.06 Fees and Collection
5.07 Purchases
5.08 Competitive Bidding
5.09 Bonds and Indebtedness
5.10 Sale of Bonds
5.11 Taxes and Indebtedness
5.01 Fiscal Year. The fiscal year of the
city of Kelso shall be set by ordinance not in conflict with general
laws.
5.02 Budget. The annual budget shall be prepared
and presented to the council by the manager and acted upon in the
manner and within the time limits prescribed by general laws. The
manager shall attach to each budget such supporting data and explanatory
material relating to current operations, capital improvements,
and other phases of the budget as may be deemed appropriate.
The manager shall annually prepare and present to the council
a program of proposed capital projects for the five fiscal years
next succeeding the budget year, with cost estimates relating thereto.
This shall be known as the capital expense budget.
5.03 Budget Control. At the beginning of
each quarterly period during the fiscal year, and more often if
required by the council, the manager shall submit to the council
data showing the relation between the estimated income and expenses
and actual income and expenses to date. If it shall appear that
the income is less than anticipated, the council may reduce or
transfer appropriations, except amounts required to meet contractual
obligations and for debt service, interest, and other fixed charges,
to keep expenditures within cash income.
5.04 Accounting and Auditing. The manager
shall be in charge of the administration of the financial affairs
of the city and shall be responsible for maintaining proper books
and records, for accounting, and for auditing all transactions
affecting the city. Reserves for depreciation may be established
in accordance with sound accounting practices.
5.05 Fiscal Control. The manager shall appoint
a director of finance who shall supervise the receipt, custody,
and disbursement of all city funds and perform such other duties
as may be required by general laws, this Charter, the council,
or the manager.
5.06 Fees and Collection. All fees and other
moneys collected by an y officer or employee shall belong to the
city and shall be paid immediately to the finance director.
5.07 Purchases. Except as otherwise provided
in this Charter, the manager shall be responsible for all city
purchasing, but this authority may be delegated to a city purchasing
officer.
5.08 Competitive Bidding. All contracts where
the total contract is in excess of limits set by State law and
all purchase of supplies, material, equipment, or nonprofessional
services where the total cost exceeds the limits prescribed by
State law shall be subject to sealed bids.
Bids shall be advertised by posting notice thereof in a public
place in the city and by not less than one publication in the official
newspaper of the city at least ten days prior to the date fixed
for the opening of bids. All bids shall be sealed and shall be
opened publicly at the time and place designated in the call for
bids. The manager, or the manager's representative, shall analyze
the bids and provide the council with a summary thereof. Except
as hereinafter provided, the contract shall be awarded to the lowest
responsible bidder. The council may reject any or all bids.
5.09 Bonds and Indebtedness. The creation
of indebtedness and the issuance of all bonds, warrants, and other
evidences of indebtedness shall be governed and controlled by general
laws.
No contract shall be executed, the payment of which will be financed
by the issuance of bonds, warrants, or other evidences of indebtedness,
until the ordinance authorizing the issuance of such bonds or other
evidences of indebtedness shall have taken effect. Any contract
executed before such time shall be unenforceable.
5.10 Sale of Bonds. Subject to general laws,
bonds, warrants, and other evidences of indebtedness may be sold
at public or private sale in any manner and at any price the council
deems the best interests of the city require.
5.11 Taxes and Indebtedness. The city shall
have all the powers granted to, or not withheld from, charter code
cities by the Constitution and laws of the state in the levying
and collection of taxes and incurring of indebtedness.
Article VI - Elections Top
6.01 City Elections
6.02 Initiative and Referendum
6.01 City Elections. The regular city election
shall be held at the time established by state law.
6.02 Initiative and Referendum. The powers
of initiative and referendum are hereby reserved to the electors
of the city. Laws of the State of Washington, as they currently
exist or may hereafter be amended or superseded, shall govern the
exercise of the powers of initiative and referendum under this
charter.
Article VII - General Provisions Top
7.01 Conflicts of Interest
7.02 Activities Prohibited
7.01 Conflicts of Interest. The use of public
office for private gain is prohibited. The city council shall implement
this prohibition by ordinance. Regulations to this end shall include
but not be limited to: acting in an official capacity on matters
in which the official has a private financial interest clearly
separate from that of the general public; the acceptance of gifts
and other things of value; acting in a private capacity on matters
dealt with as a public official; the use of confidential information;
and appearances by city officials before other city agencies on
behalf of private interests. This ordinance shall provide for reasonable
public disclosure of finances by officials with major decision-making
authority over monetary expenditures and contractual matters and,
insofar as permissible under state law, shall provide for fines
and imprisonment for violations.
7.02 Activities Prohibited.
(1) No person shall be appointed to or removed from, or in any
way favored or discriminated against with respect to any city
position or appointive city administrative office because of
marital status, race, gender, age, handicap, religion, country
of origin or political affiliation.
(2) No person shall willfully make any false statement, certificate, mark,
rating or report in regard to any test, certification or appointment under
the provisions of this charter or the rules and regulations made thereunder,
or in any manner commit or attempt to commit any fraud preventing the impartial
execution of such provisions, rules and regulations.
(3) No person who seeks appointment or promotion with respect to any city
position or appointive city administrative office shall directly or indirectly
give, render or pay any money, service or other valuable thing to any person
for or in connection with his or her test, appointment, proposed appointment,
promotion or proposed promotion.
(4) No person shall knowingly or willfully solicit or assist in soliciting
any assessment, subscription or contribution for any political party or political
purpose to be used in conjunction with any city election from any city employee.
Article VIII - Charter Amendment Top
8.01 Proposal of Amendment
8.01 Proposal of Amendment. Amendments to
this Charter may be submitted to the registered electors by the
council or by petition of the electorate in the manner provided
by the constitution or laws of the state.
Article IX - Transition/Separability
of Provisions Top
9.01 Officers and Employees
9.02 Departments, Offices and Agencies
9.03 Pending Matters
9.04 State and Municipal Laws
9.05 Time of Taking Full Effect
9.06 Separability.
9.01 Officers and Employees.
(a) Rights and Privileges Preserved. Nothing in this
charter except as otherwise specifically provided shall affect
or impair the rights or privileges of persons who are city officers
or employees at the time of its adoption.
(b) Continuance of Office or Employment. Except as
specifically provided by this charter, if at the time this
charter takes full effect a city administrative officer or
employee holds any office or position which is or can be
abolished by or under this charter, he or she shall continue
in such office or position until the taking effect of some
specific provision under this charter directing that he or
she vacate the office or position.
(c) Personnel System. An employee holding a city
position at the time this charter takes full effect,
who was serving in that same or a comparable position
at the time of its adoption, shall not be subject to
competitive tests as a condition of continuance in the
same position, but in all other respects shall be subject
to the personnel system provided for in paragraph 4.02.
9.02 Departments, Offices and Agencies.
(a) Transfer of Powers. If a city department, office or
agency is abolished by this charter, the powers and duties given
it by law shall be transferred to the city department, office or
agency designated in this charter or if the charter makes no provision,
designated by the city council.
(b) Property and Records. All property, records and equipment
of any department, office or agency existing when this charter
is adopted shall be transferred to the department, office or
agency assuming its powers and duties, but in the event that
the powers or duties are to be discontinued or divided between
units or in the event that any conflict arises regarding a transfer,
such property, records or equipment shall be transferred to one
or more departments, offices or agencies designated by the city
council in accordance with this chapter.
9.03 Pending Matters. All rights, claims,
actions, orders, contracts and legal administrative proceedings
shall continue except as modified pursuant to the provisions of
this charter and in each case shall be maintained, carried on or
dealt with by the city department, office or agency appropriate
under this charter.
9.04 State and Municipal Laws. All city ordinances,
resolutions, orders, regulations and laws which are in force when
this charter becomes fully effective are superseded to the extent
that they are inconsistent with this charter .
9.05 Time of Taking Full Effect. The charter
shall be in full effect for all purposes on and after the date
and time of the first meeting of the newly elected city council.
9.06 Separability. If any provision of this
charter is held invalid, the other provisions of the charter shall
not be affected thereby. If the application of the charter or any
of its provisions to any person or circumstance is held invalid,
the application of the charter and its provisions to other persons
or circumstances shall not be affected thereby.
Cowlitz County has a code similar to the Kelso
Municipal Code. Please contact the Commissioner's
Officer for information about county codes.
Copies of the Cowlitz County Code are at the Kelso Public Library.
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