Chapter 1.06
CITY CLASSIFICATION
Sections:
1.06.010 Adoption of optional municipal code.
1.06.030 City council positions.
1.06.040 City council position vacancies.
1.06.050 Existing city laws and regulations.
1.06.010 Adoption of optional municipal code.
The city of Port Orchard, Washington, hereby adopts the classification of noncharter code city retaining the mayor-council plan of government under which the city of Port Orchard is presently operated, as provided in Chapter 35A.12 RCW, endowed with all the applicable rights, powers, privileges, duties and obligations of a noncharter code city as the same now exists, or may be provided hereafter, including any and all supplements, amendments or other modifications of said title hereafter at any time enacted. (Ord. 037-17 § 1).
1.06.020 Effective date.
The city clerk, as authorized and directed, forwarded to the Secretary of State a certified copy of the ordinance codified herein for filing pursuant to RCW 35A.02.040, as amended, on July 17, 2017, and upon which filing the city of Port Orchard thereafter became classified as a noncharter city as herein provided commencing on July 21, 2017. (Ord. 037-17 § 1).
1.06.030 City council positions.
The city council shall continue to hold office until their successors are elected and qualified at the next biennial municipal election to be conducted as provided in Chapter 35A.29 RCW. For the four existing city council positions, which terms will expire December 31, 2017, three shall be elected for four-year terms and one shall be elected for a two-year term in the 2017 municipal elections. The three existing city council positions, which terms expire December 31, 2019, shall be elected for new four-year terms in the 2019 municipal elections. Thereafter the requisite number of city council positions shall be filled by election biennially as the terms of their predecessors expire and shall serve for terms of two or four years. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes as provided by Chapter 35A.29 RCW. (Ord. 037-17 § 1).
1.06.040 City council position vacancies.
(1) Council positions may become vacant if the person who is elected or appointed to that position fails to qualify as provided by law, fails to enter upon the duties of that office at the time fixed by law without a justifiable reason, or as provided in RCW 35A.12.060 or 42.12.010. In the event a vacancy or vacancies shall occur on the city council, such position(s) shall be filled until a successor to such position(s) can be elected for the remainder of the unexpired term(s) at the next municipal election. Such election process shall comply with the requirements of RCW 35A.12.050 and Chapter 42.12 RCW. In addition, the city council shall establish a process commensurate with the time available which includes, at a minimum, public notification by posting and publication in the city’s legal newspaper, the establishment of an application process with a clearly stated deadline for the submission of letters of interest, the development of questionnaires to assist the city council in its process, a public interview process conducted by the city council and nominations and selection by the city council during an open public meeting. All portions of this process shall be open to the public unless the city council in its discretion elects to discuss the qualifications of a candidate for public office in executive session as provided for by RCW 42.30.110(h).
(2) In the event that a council member shall resign or otherwise become ineligible to hold office after the date when the council position has been filled by election but prior to the date on which the newly elected council member is eligible to take office, the city council may in its sole discretion elect to dispense with the procedures established in subsection (1) of this section and appoint the newly elected successor to fill the vacancy for the remainder of the unexpired term.
(3) In addition, a council position shall become vacant if the council member fails to attend three consecutive regular meetings of the council without being excused by the council, pursuant to RCW 35A.12.060. (Ord. 037-17 § 1).
1.06.050 Existing city laws and regulations.
All ordinances, resolutions and orders adopted under the second class city classification, where not in conflict with state law, shall continue in force until repealed or amended by the city council under the newly adopted optional municipal code classification of noncharter code city under the mayor-council form of government. (Ord. 037-17 § 1).