Chapter 2.08 APPOINTIVE OFFICERS*

The mayor of the city may appoint or remove the city clerk, finance director, public works director, city engineer, community development director, city attorney, police chief, municipal judge, code enforcement officer, abatement hearing officer, and hearing examiner subject to any applicable law, ordinance, rule, or regulation, including those relating to civil service. All appointments of city officers shall be made on the basis of ability and training or experience of the appointees in the duties they are to perform, from among persons having such qualifications as may be prescribed by ordinance, and in compliance with provisions of any merit system applicable to the city. Confirmation by the city council of appointments of officers shall be required only when the city council, by ordinance, provides for confirmation of such appointments. Confirmation of mayoral appointments by the council may be required by the council in any instance where qualifications for the office or position have not been established by ordinance. Appointive offices shall be without definite term unless a term is established for such office by law or ordinance. (Ord. 017-23 § 5 (Exh. A); Ord. 035-19 § 1; Ord. 002-18 § 2; Ord. 039-17 § 2; Ord. 1940 § 1, 2004; Ord. 1830 § 1, 2001; Ord. 1223 § 1, 1982; Ord. 1056 § 1, 1978; Ord. 919 § 1, 1973; Ord. 759 § 1, 1966; Ord. 685 § 1, 1961).

2.08.020 City clerk.

(1) There is created the position of city clerk. The city clerk shall be appointed by the mayor and confirmed by the city council subject to all provisions of this chapter, and shall serve at the pleasure of the mayor.

(2) Powers and Duties. The city clerk shall administer the operation of the clerk’s office. The duties of the city clerk are as detailed in, but not confined to those contained in, the job description on file in the human resources department and may be updated from time to time. The city clerk shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. (Ord. 017-23 § 9 (Exh. A); Ord. 002-18 § 3).

2.08.025 Compensation of city clerk.

The compensation of the city clerk shall be the amount established by the city council in the annual budget or as established by contract. (Ord. 002-18 § 4).

2.08.030 Finance director.

(1) There is created the position of finance director. The finance director shall be appointed by the mayor and confirmed by the city council subject to all provisions of this chapter, and shall serve at the pleasure of the mayor.

(2) Powers and Duties. The finance director shall administer the operation of the finance department. The duties of the finance director are as detailed in, but not confined to those contained in, the job description on file in the human resources department and may be updated from time to time. The finance director shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. (Ord. 017-23 § 9 (Exh. A); Ord. 002-18 § 5).

2.08.035 Compensation of finance director.

The compensation of the finance director shall be the amount established by the city council in the annual budget or as established by contract. (Ord. 002-18 § 6).

2.08.040 Public works director.

(1) There is created the position of public works director. The public works director shall be appointed by the mayor and confirmed by the city council subject to all provisions of this chapter, and shall serve at the pleasure of the mayor.

(2) Powers and Duties. The public works director shall administer the operation of the public works department. The duties of the public works director are as detailed in, but not confined to those contained in, the job description on file in the human resources department and may be updated from time to time. The public works director shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. (Ord. 017-23 § 9 (Exh. A); Ord. 002-18 § 7).

2.08.045 Compensation of public works director.

The compensation of the public works director shall be the amount established by the city council in the annual budget or as established by contract. (Ord. 002-18 § 8).

2.08.050 City engineer.

(1) There is created the position of city engineer. The city engineer shall be appointed by the mayor and confirmed by the city council subject to all provisions of this chapter, and shall serve at the pleasure of the mayor.

(2) Powers and Duties. The duties of the city engineer are as detailed in, but not confined to those contained in, the job description on file in the human resources department and may be updated from time to time. The city engineer shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. (Ord. 017-23 § 9 (Exh. A); Ord. 002-18 § 9).

2.08.055 Compensation of city engineer.

The compensation of the city engineer shall be the amount established by the city council in the annual budget or as established by contract. (Ord. 002-18 § 10).

2.08.060 Community development director.

(1) There is created the position of community development director. The community development director shall be appointed by the mayor and confirmed by the city council subject to all provisions of this chapter, and shall serve at the pleasure of the mayor.

(2) Powers and Duties. The community development director shall administer the operation of the community development department. The duties of the community development director are as detailed in, but not confined to those contained in, the job description on file in the human resources department and may be updated from time to time. The community development director shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. (Ord. 017-23 § 9 (Exh. A); Ord. 002-18 § 11).

2.08.065 Compensation of community development director.

The compensation of the community development director shall be the amount established by the city council in the annual budget or as established by contract. (Ord. 002-18 § 12).

2.08.070 Police chief.

(1) There is created the position of police chief. The police chief shall be appointed by the mayor and confirmed by the city council subject to all provisions of this chapter, and shall serve at the pleasure of the mayor.

(2) Powers and Duties. The police chief shall administer the operation of the police department. The duties of the police chief are as detailed in, but not confined to those contained in, the job description on file in the human resources department and may be updated from time to time. The police chief shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. (Ord. 017-23 § 9 (Exh. A); Ord. 002-18 § 13).

2.08.075 Compensation of police chief.

The compensation of the police chief shall be the amount established by the city council in the annual budget or as established by contract. (Ord. 002-18 § 14).

2.08.080 City attorney.

(1) Appointment and Removal of the City Attorney. There is hereby created the position of city attorney. The mayor may appoint or remove the city attorney with confirmation by a majority vote of the city council. In lieu of the city attorney being a city employee, the city may enter into a professional services contract with a law firm or an individual upon agreement by the mayor and confirmation by a majority vote of the city council.

(2) Duties. The city attorney shall:

(a) Advise mayor, city council, and department heads in all legal matters pertaining to the business of the city. Requests for legal opinions shall be directed to the city attorney through a tracking system maintained by the city clerk;

(b) Approve all ordinances as to form and content;

(c) Prosecute and/or defend, in courts of original jurisdiction, and on appeal, all civil actions brought by or against the city, or against officials, officers, and employees in their official capacity, including condemnation proceeding, provided where insurance counsel also defends the city, the main burden of such actions may be left to such counsel;

(d) Prosecute in Port Orchard municipal court violations of city ordinances, provided the city council may by contract delegate this responsibility to another individual, law firm or governmental entity;

(e) Attend all regular and special council meetings;

(f) Attend other city commission and/or board meetings as requested by the mayor or responsible department head;

(g) Draft all ordinances, leases and conveyances, and such other instruments as may be required by the business of the city, when requested to do so by the city council or the mayor;

(h) Provide legal advice or assistance on issues related to labor law and provide labor negotiations services when requested by the mayor and city council;

(i) Perform such other duties as the city council may direct by ordinance, resolution or contract;

(j) Review and advise the city on all documents and advice provided by the city’s bond counsel. (Ord. 002-18 § 15; Ord. 1831 § 1, 2001; Ord. 759 § 2, 1966. Formerly 2.08.020).

2.08.085 Compensation of city attorney.

The city attorney shall receive compensation in such amounts as the city council may, from time to time, establish by budget ordinance and contract. (Ord. 002-18 § 16; Ord. 1831 § 2, 2001; Ord. 759 § 3, 1966. Formerly 2.08.030).

2.08.090 Municipal judge.

(1) There is created the position of municipal judge. The municipal judge shall be appointed by the mayor and confirmed by the city council subject to all provisions of this chapter.

(2) Powers and Duties. The municipal judge shall administer the operation of the municipal court. The duties of the municipal judge are as detailed in, but not confined to those contained in, the job description on file in the human resources department and may be updated from time to time. The municipal judge shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted. (Ord. 017-23 § 9 (Exh. A); Ord. 002-18 § 17).

2.08.095 Compensation of municipal judge.

The compensation of the municipal judge shall be the amount established by the city council in the annual budget or as established by contract. (Ord. 002-18 § 18).

2.08.100 Code enforcement officer.

(1) There is created the position of code enforcement officer. The code enforcement officer shall be appointed by the mayor and confirmed by the city council subject to all provisions of this chapter, and shall serve at the pleasure of the mayor.

(2) Powers and Duties. The duties of the code enforcement officer are as detailed in, but not confined to those contained in, the job description on file in the human resources department and may be updated from time to time. The code enforcement officer shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. (Ord. 017-23 § 9 (Exh. A); Ord. 002-18 § 19).

2.08.105 Compensation of code enforcement officer.

The compensation of the code enforcement officer shall be the amount established by the city council in the annual budget or as established by contract. (Ord. 002-18 § 20).

2.08.110 Hearing examiner.

(1) There is created the position of hearing examiner. The mayor may appoint or remove the hearing examiner with confirmation by a majority vote of the city council. In lieu of the hearing examiner being a city employee, the city may enter into a professional services contract upon agreement by the mayor and confirmation by a majority vote of the city council.

(2) Powers and Duties. The duties of the hearing examiner are as detailed in, but not confined to those contained in, the Port Orchard Municipal Code and the job description or professional services contract on file in the human resources department and may be updated from time to time. The hearing examiner shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted. (Ord. 017-23 § 9 (Exh. A); Ord. 035-19 § 2; Ord. 002-18 § 21).

2.08.115 Compensation of hearing examiner.

The compensation of the hearing examiner shall be the amount established by the city council in the annual budget or as established by contract. (Ord. 002-18 § 22).

2.08.120 Abatement hearing officer.

(1) There is created the position of abatement hearing officer. The mayor may appoint or remove the abatement hearing officer with confirmation by a majority vote of the city council. In lieu of the abatement hearing officer being a city employee, the city may enter into a professional services contract upon agreement by the mayor, with confirmation by a majority vote of the city council if the contract amount is above the mayor’s contracting authority.

(2) Powers and Duties. The duties of the abatement hearing officer are as detailed in, but not confined to those contained in, the Port Orchard Municipal Code and the job description or professional services contract on file in the human resources department and may be updated from time to time. The abatement hearing officer shall have all the powers granted and duties imposed by authority of the laws of the state and resolutions and ordinances of the city now existing or hereinafter adopted. (Ord. 017-23 § 9 (Exh. A); Ord. 035-19 § 3).

2.08.125 Compensation of abatement hearing officer.

The compensation of the abatement hearing officer shall be the amount established by the city council in the annual budget or as established by contract. (Ord. 035-19 § 4).