ARTICLE II.
ELECTIVE OFFICERS

Sec. 2.1. Elective City Officers, Size of Council Districts.

(a) The elective officers of the City shall be the Mayor and seven (7) Council members, with each Council member elected from one of seven (7) Council positions. Positions one (1) through five (5) shall each be elected by majority vote of the electors in five (5) separate geographical districts within the City. The Mayor and Council members in positions six (6) and seven (7) shall be elected from the entire City at large.

(b) The boundaries of the districts for Council positions 1 through 5 shall be drawn in 2020, then redrawn in 2022, and redrawn every ten (10) years thereafter following each federal decennial census, in accordance with a districting plan prepared by a nine (9)-member Districting Commission, all consistent with applicable state law and this Charter. One Districting Commission member shall be nominated by each City Council member and one by the Mayor. The City Council shall appoint eight of the Districting Commission members from those nominated upon a determination of reasonable geographic representation among the nominees. These Commission members must be appointed on or before January 31, 2020, then again on or before January 31, 2022, and on or before January 31, every tenth year thereafter. The Commissioners so appointed must promptly appoint a ninth member of the Commission. All Commission members must be residents of the City. No person may serve on the Commission who is an elected official (except precinct committee officer), a candidate for elected office, or a City of Everett employee.

(c) Each Districting Commission shall appoint a districting master within 90 days of the appointment of the Commission. If the Commission is unable to agree upon the appointment of a districting master within that time period, the City Council shall promptly appoint a districting master. A districting master must be, in the Commission’s or Council’s determination, qualified by education, training and experience to assist the Commission in the development of each districting plan and the drawing of district boundaries. The districting plan must be adopted by the Commission initially on or before November 1, 2020, then again on or before November 1, 2022, and every tenth year thereafter. Prior to the adoption of a districting plan and district boundaries the Commission shall conduct public forums. At least one public forum shall be held in each then-existing District, and at least one public hearing shall be conducted on a citywide basis. Each districting plan must be in compliance with applicable law, and in drawing the plan there shall be no consideration, favor, or disfavor given to the district assignment of any individual’s residence. The initial districting plan shall be based on the 2010 decennial census, together with additional population estimates that the Commission and the districting master deem reliable. In 2022, and every tenth year thereafter, the districting plan shall be based on the most recent decennial census. The City Council must adopt each Districting Commission’s districting plan without modification or amendment.

(d) The City Council shall appropriate amounts reasonably necessary for each Districting Commission to carry out its responsibilities. In addition to a districting master, each Districting Commission may retain legal and other consultants as may be appropriate to carry out the Commission’s functions, consistent with the Commission’s appropriation. Members of the Districting Commission shall not be compensated. The Districting Commission shall elect a Chair from among its members.

(e) In the event of an annexation effective at any time other than in 2020 or before, or in the second year following a federal decennial census up to the date a Districting Commission’s district plan is adopted, the City Council shall, prior to the annexation, allocate the annexed area to the nearest Council district or districts, adjusting the boundaries as appropriate but not shifting any area already within the City from one Council district to another. The allocation of the annexed area into an existing district or among existing districts must be carried out in a fashion that will result in adjusted districts that continue to be consistent with applicable legal requirements for district boundaries. For all other annexations, district boundary adjustments shall be determined by the Districting Commission that would already have been appointed in ordinary course pursuant to subsection (b) of this section.

Notwithstanding the foregoing, except for the first year following a federal decennial census up to the date a Districting Commission’s district plan is adopted in the second year following the same census, if the City Council determines that apportioning an annexed area among existing districts without shifting any area already within the City from one district to another will likely result in any district population that deviates from the mean by greater than 7.5%, then the City Council and the Mayor shall appoint an interim Districting Commission (which may be identical to the most recent Districting Commission) to adopt a revised districting plan with the assistance of a districting master, consistent with subsection (c) of this Section 2.1. (Ord. 3605-18 § 1 (part), 2018)

Sec. 2.2. Eligibility to Hold Elective Office.

No person shall be eligible to hold elective office unless he or she shall have been a registered voter and resident of the City for a period of at least one (1) year next preceding his or her election, and, for Council positions elected from Council districts, a resident of an applicable Council district, for a period of at least six (6) months prior to the primary election date preceding his or her election. Council members must remain City residents while in office and must remain residents of any Council district from which elected. However, if a Council member is elected to a Council district position for which he or she is qualified by residence at the time of election, and while remaining in that residence later does not qualify as a resident of the relevant district because a new districting plan including new district boundaries has been adopted during his or her term, that Council member shall remain eligible to serve in the same district position until the end of his or her term or until a successor is elected and qualified, whichever is later. Residence and voting within the limits of any territory which has been included in, annexed to, or consolidated with the City or with a Council district through redistricting, is construed to have been residence within the City or Council district, respectively. A Mayor or Council member shall hold within the City government no other public office or employment.

Nothing herein shall prevent a district Council member from seeking election to any at-large Council position or to the office of Mayor prior to expiration of that member’s current term. Similarly, an at-large Council member may seek election to any district Council position or to the office of Mayor prior to the expiration of that member’s current term subject to qualification by residents with the district. Nothing herein shall prevent a Mayor from seeking election to any Council position prior to expiration of that Mayor’s current term. (Ord. 3605-18 § 1 (part), 2018)

Sec. 2.3. Transitional Elections — Terms of Transitional Elective Officers.

At the election under this Charter held on November 5, 2019, two (2) Council members shall be elected at-large for two-year terms in Council positions four (4) and five (5), and two (2) Council members shall be elected at-large for four-year terms in Council positions six (6) and seven (7). At the election under this Charter held on November 2, 2021, five (5) Council members shall be elected by district for four-year terms in the five (5) districts designated as positions one (1), two (2), three (3), four (4), and five (5), and again every four years thereafter. At the election under this Charter held on November 7, 2023, two (2) Council members shall be elected at-large for four-year terms in Council positions six (6) and seven (7), and again every four years thereafter. The term of the Mayor shall remain unaffected by this transition section. (Ord. 3605-18 § 1 (part), 2018)

Sec. 2.4. Elections — Term Elective Officers.

Officers shall be elected at biennial City general elections held on the first Tuesday following the first Monday in November in the odd-numbered years, or at such other times as may be required by state law. At such elections, there shall be elected the requisite number of Council members for various positions as the terms of their predecessors expire, and a Mayor as the term of his or her predecessor expires. Except as provided in Section 2.3, the terms of the Mayor and Council members shall be four years or until their successors are elected and qualified, whichever is later. The Mayor and Council members shall qualify by taking an oath or affirmation of office, as may be provided by law, charter or ordinance, and their terms shall commence the first of January following their election. (Ord. 3605-18 § 1 (part), 2018)

Sec. 2.5. Vacancies — Elected Officials.

The office of a Mayor or Council member shall become vacant upon:

(a) Failure to qualify at the time of taking of office;

(b) Death;

(c) Resignation;

(d) Recall;

(e) Forfeiture; or

(f) Extended absence or incapacity.

In the event of a vacancy in the office of Mayor or Council member, the Council by majority vote shall appoint a qualified person to fill the vacancy until the next regular municipal or general election. For vacancies occurring prior to the filing deadline for declaration of candidacy for such vacant office, as established by RCW 29A.24.050 as now or later amended, the election shall be held in November of the year of appointment. For those vacancies occurring subsequent to the filing deadline for declaration of candidacy, the election shall occur in November of the year following appointment. The person so elected shall serve the remainder of the unexpired term. If, after thirty days have passed since the occurrence of a vacancy, and the Council has been unable to agree upon a person to be appointed to fill the vacancy, the Mayor or in his or her absence, the mayor pro tempore, may make the appointment from among the persons nominated by members of the Council.

In the event of the extended excused absence or disability of a Council member, the remaining members, by majority vote, may appoint a Council member pro tempore to serve during the absence or disability.

In the event of the vacancy of the office of Mayor, all duties of the Mayor shall be performed by the mayor pro tempore, until an interim Mayor has been appointed or the person who is elected to serve the remainder of the unexpired term of the Mayor takes office. The Chief Administrative Assistant shall continue to perform the administrative duties, and shall not be removed without the consent of the Council.

“Incapacity” as used in this section shall mean “unable to perform the ordinary and usual tasks or duties of the office for an extended period of time.” An extended period of time for the purposes of this section shall be that which is beyond a “reasonable” time. (Ord. 2924-06 § 3, 2006: amended 11-5-96)

Sec. 2.6. Forfeiture of Office.

A Mayor or Council member shall forfeit office, creating a vacancy, if he or she ceases to have the qualifications prescribed for such office by law, charter, or ordinance, or if he or she is convicted of a crime involving moral turpitude, or a felony, or an offense involving a violation of the oath of office. A Council member also shall forfeit office if he or she fails to attend three consecutive regular meetings of the Council without being excused by the Council.

Sec. 2.7. Mayor Pro Tempore/Interim Mayor.

(a) The members of the Council shall by majority vote designate one of their members as mayor pro tempore for such period as the Council may specify. The mayor pro tempore shall hold office at the pleasure of the Council, and in case of the absence or temporary incapacity of the Mayor perform the duties of Mayor except he or she shall not have power to appoint or remove any officer or veto actions of the Council. The mayor pro tempore shall remain a Council member and may still vote as a Council member on matters before the Council. In the case of an extended absence in the office of the Mayor, the mayor pro tempore may appoint or remove an officer with the consent of the majority of the Council.

(b) In addition, the Council shall as the need may arise, appoint one of its members to serve as interim Mayor in the event of a vacancy as defined by section 2.5. The interim Mayor shall have the full authority of the office of Mayor, and shall serve until the person who is elected to serve the remainder of the unexpired term of the Mayor takes office. A Council member appointed to serve as interim Mayor shall vacate his or her Council position. (Ord. 2924-06 § 4, 2006: amended 11-5-96)

Sec. 2.8. Citizens’ Commission on Salaries of Elected Officials.

(a) Purpose: It is the policy of the City to base salaries of elected officials on realistic standards so that officials may be paid according to the duties of their offices, so that citizens of the highest quality may be attracted to public service. To effectuate this policy, the Everett Citizens’ Commission on Salaries of Elected Officials is created consisting of seven (7) members with duties and responsibilities as set forth below.

(b) Duties: The Commission shall study the relationship of salaries to the duties of all elected officials and shall set the salaries for each respective position. Except as provided otherwise below, the Commission shall be solely responsible for its own organization, operation, and action and shall enjoy the fullest cooperation of all elected officials, departments and agencies of the City.

(c) Eligibility: The Commission shall consist of seven (7) members, all of whom must be at least twenty-one (21) years of age, registered to vote, and maintain personal residence within the boundaries of the City. No City official, or public employee, immediate family member of the official or employee is eligible for membership on the Commission. As used in this subsection, the phrase “immediate family” means parents, spouse, siblings, children, or dependent relative of the official or employee, whether or not they are living in the same household.

(d) Appointment: Two (2) members of the Commission shall be appointed by the City Council and one (1) member shall be appointed by the Mayor; those three members shall select the other four (4) members. The members of the Commission shall serve four (4) year terms beginning January 1, 1997, except that the first seven members shall be appointed for different terms as follows: (a) one member appointed by the City Council for a period of four years; (b) one member appointed by the City Council for a period of two years; (c) the one member appointed by the Mayor to serve for a period of two years; (d) two of the members selected by those three members to serve for periods of four years; and (e) two of the members selected by those three members to serve for periods of two years. No person may serve more than two (2) consecutive terms. Members of the Commission may be removed by the Mayor, with the approval of the City Council, only for cause of incapacity, incompetence, neglect of duty, malfeasance in office, or for a disqualifying change of eligibility. The unexcused absence of any member of the Commission from two (2) consecutive meetings of the Commission shall constitute relinquishment of that person’s membership on the Commission. Such a relinquishment creates a vacancy in that person’s position on the Commission. Upon a vacancy in any position on the Commission, a successor shall be selected and appointed to fill the unexpired term.

The selection and appointment shall be concluded within thirty (30) days of the date that the position becomes vacant and shall be conducted in the same manner as originally provided for that person’s appointment.

(e) Operation: The members of the Commission shall elect a chair from among their number. The Commission shall set a schedule of salaries by an affirmative vote of not less than five (5) members of the Commission. Members of the Commission shall receive no compensation for their services.

(f) Determination of Salary Schedule: The Commission shall file its initial schedules of salaries for the elected officials with the City Clerk no later than the first Monday in May 1997, and subsequently shall file a schedule on the same day every two years. The signature of the chair of the Commission shall be affixed to each schedule submitted to the City Clerk. The chair shall certify that the schedule has been adopted in accordance with the provisions of this charter and with the rules, if any, of the Commission. Such schedules shall become effective ninety (90) days after their filing, except as provided in section (h) below.

(g) Open Meetings: All meetings, actions, hearings, and business of the Commission shall be subject to the Open Public Meetings Act as set forth in Chapter 42.30 of the Revised Code of Washington. Prior to the filing of any salary schedule, the Commission shall hold no fewer than two (2) public hearings on the schedule within the two (2) months immediately preceding the filing.

(h) Referendum: Any change of salary shall be subject to referendum petition by the citizens filed within the ninety (90) day period after the filing of the schedule of salaries. Referendum measures under this section shall be submitted to the citizens at the next following municipal election, and shall be otherwise governed by the provisions of this charter; provided, for the purpose of a referendum, the schedule of salaries shall be treated as an ordinance.

Further, the City Council may submit the salary schedule filed pursuant to this section to the citizens at the next following municipal election. Provided, City Council submission to the citizens shall only be made upon passage of an ordinance by a vote of a majority plus one of the whole membership.

(i) The Mayor and Council members shall receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, or the Council by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance, consistent with state law. (Amended 11-5-96)