Chapter 2.04 ADMINISTRATIVE CODE

This chapter is adopted pursuant to Article II, Section 2.07(K) of the Richland City Charter authorizing council to adopt an administrative code to govern the administration of the city, to create or eliminate departments, offices, and positions of employment not created by the Charter, and to determine the powers and duties of any department and office. [Ord. 125 § 1.01; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.020 Charter defined.

“Charter” when used in this chapter means the Richland City Charter. [Ord. 125 § 1.02; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.030 City manager – Responsibilities.

The city manager shall be the chief administrative officer of the general city government and shall supervise and be responsible for the effective management of the administrative and financial affairs of the city, and shall supervise all city departments and offices, except as otherwise provided by the Charter, general laws or ordinances. The city manager is responsible for the proper execution of the policies set by the city council and the enforcement of all laws and ordinances. The city manager is responsible to the city council for the efficient operation of all city departments and offices under the manager’s jurisdiction, and shall likewise be responsible to the city council for the economical conduct and operation of all city departments and offices under the manager’s jurisdiction. [Ord. 125 § 2.01; Ord. 62-74; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.040 City manager – Duties.

The city manager shall:

A. Keep the council informed of the conditions and needs of the city;

B. Make such reports and recommendations as the manager deems desirable or as may be requested by the council;

C. Prepare and submit to the council the proposed annual budget for the city;

D. Prepare and submit annually to the council a five-year capital expense budget;

E. Control city expenditures so that actual expenditures do not exceed amounts available for expenditures;

F. Supervise the purchase, lease, rental, use, maintenance and assignment of city property required by the city;

G. Appoint, remove, suspend or discipline all officers and employees of the city under the city manager’s jurisdiction, subject to the Charter, ordinances or general laws; provided, that this authority may be delegated by the city manager, in the city manager’s discretion, to a department head or department director;

H. Fix and establish the number of employees in the various city departments and offices under the manager’s jurisdiction and determine their duties and compensation, subject to the compensation plan and appropriations adopted by the city council;

I. Exercise all powers conferred by law upon the city but not specifically conferred upon any official or the city council;

J. Negotiate and sign, on behalf of the city, contracts duly authorized by the council or by ordinance and administer the provisions of such contracts;

K. Take or cause to be taken or recommend to the city council in the proper case all and every action necessary to protect the best interests and promote the welfare of the city;

L. Represent the city at meetings with other governmental units, agencies, commissions, and associations as deemed necessary or as directed by the city council;

M. Perform such other duties and have and exercise such other powers as may be prescribed by law. [Ord. 125 § 2.02; Ord. 62-74; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.050 City manager – Administrative supervision.

The city manager, in exercising general control over the administrative affairs of the general government of the city, shall deal insofar as it is possible through the administrative officers of the general government designated by this code, and except as otherwise provided by Charter or general law, all such officers shall be directly and exclusively responsible to the city manager, and to no other person or body, for the efficient or economical conduct of their respective departments and offices. [Ord. 125 § 2.03; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.060 City manager – Administrative rules.

The city manager is authorized to issue rules or administrative regulations not inconsistent with general law, the Charter or ordinances of the city, outlining the general procedures for the administration of city activities under the city manager’s jurisdiction, and may provide for a system of administrative regulations to be issued by the heads of the various departments and offices of the city’s general government. [Ord. 125 § 2.04; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.070 City manager – Staff.

The city manager may, within the limits of the annual budget adopted by the city council, appoint administrative assistants or designate employees of the city as such whose duties shall be to assist the city manager in such a manner as the city manager may designate and to conduct studies and research into the most advantageous administrative practices and other matters affecting the city, its government and its administration, the application of which will improve the administration of the city government. The city manager may, within the limits of the annual budget adopted by the city council, determine appropriate staffing levels for the city manager’s office and for the other departments and divisions of the city. [Ord. 125 § 2.05; Ord. 40-99; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.080 City manager – Reports to the council.

The city manager shall prepare and submit to the city council annually, at the close of each fiscal year, a complete report of the city’s administrative activities and finances for the preceding year, which report shall be made available for public distribution. The city manager shall prepare and present such other reports as the city council may require or as the manager deems advisable. The city manager, as part of the adoption of the annual budget, shall provide to city council a current organizational chart. [Ord. 125 § 2.06; Ord. 40-99; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.090 City manager – Absence or disability.

In the event of an absence, suspension, or disability of the manager exceeding 60 calendar days, 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. [Ord. 125; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.100 Groups, departments, and officers established.

Administrative services of the city shall be organized into departments and officers whose titles are created and established as follows:

Department/Office	Administrative Officer
City Manager’s Office	City Manager
City Clerk’s Office	City Clerk
City Attorney’s Office	City Attorney
Administrative Services Department	Assistant City Manager
Human Resources Department	Human Resources Director
Finance Department	Finance Director
Development Services Department	Development Services Director
Parks and Public Facilities Department	Parks and Public Facilities Director
Public Works Department	Public Works Director
Energy Services Department	Energy Services Director
Fire and Emergency Services Department	Fire Chief
Police Department	Chief of Police

[Ord. 125 § 3.01; Ord. 444; Ord. 751; Ord. 59-75; Ord. 105-76; Ord. 1-78; Ord. 8-78; Ord. 40-82; Ord. 35-85; Ord. 55-93; Ord. 40-99; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.105 Oaths of office.

For purposes of Article VIII, Section 8.05 of the Richland City Charter, an “officer of the city” means all elected officials, the city manager, any assistant and/or deputy city manager(s), all administrative officials established in RMC 2.04.100, and all general authority Washington peace officers in the Richland police department. [Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.110 Boards, commissions and committees.

A. Boards, Commissions and Committees Created. There shall be boards, commissions and committees as defined in this title and such other boards, commissions and committees as have been or are hereafter established by ordinance or by general laws. Each board, commission or committee shall be so organized and shall have such powers as are conferred and such duties as are required by general laws, the Charter and ordinances.

B. Applicability. This section shall apply to all boards, commissions and committees except the firemen’s pension board and the police relief and pension board.

C. Officers, Liaisons, Staff Assistance.

1. Officers. The board, commission or committee shall elect its own chairperson and vice chairperson and create and fill such other offices as it may determine it requires.

2. Council Liaisons. Except as otherwise provided in this title, all boards, commissions and committees shall have a liaison appointed from the council who shall serve consistent with RMC 2.04.125(A).

3. Staff Liaisons. The administrative officer of the department or offices most closely connected with the activity of a board, commission or committee shall serve as a staff liaison to that board, commission or committee. To the extent such communication is warranted, the staff liaison is responsible for facilitating communication between the assigned board, commission or committee and city employees, consultants, contractors, customers, applicants, city manager, city council, and members of the public.

4. Liaisons shall not be members of the board, commission or committee to which they are appointed and shall fulfill the role of facilitation and transfer of information between the respective board, committee and commission.

D. Membership.

1. Appointment. All board, commission and committee members shall be appointed by the council. The appointment procedure referenced in RMC 2.04.120 shall be used to recruit and evaluate candidates for appointment.

2. Compensation and Political Affiliation. All board, commission and committee members shall serve without compensation and without regard to political affiliation.

3. Membership Limitations. Excepting the personnel committee, a board, commission or committee member is limited to membership on two boards, commissions or committees, including ad hoc or temporary committees in existence for a period exceeding six months. See RMC 2.28.125 for limitations on members of the personnel committee.

E. Residency Qualification. Except as provided herein, all board, commission and committee members shall reside within Richland city limits, both at the time of appointment and for the duration of the member’s term. Youth members of the arts commission and the parks and recreation commission must reside within the boundaries of the Richland School District or the Kennewick School District within Richland city limits. Members of the lodging tax advisory committee and economic development committee must be corporate citizens of Richland. Three members of the Americans with Disabilities citizens review committee may reside outside Richland city limits.

F. Term Limits. Except for the library board and personnel committee, all board, commission and committee members shall serve no more than 12 consecutive years on the same commission or committee. See RCW 27.12.190 for library board terms and RMC 2.28.125 for personnel committee terms. With the exception of the library board of trustees, the council may waive this limitation for any member of any board, commission or committee by majority vote. All board, commission and committee members shall continue to serve until their successors are appointed by the council.

G. Removal.

1. A board, commission or committee may, by majority vote, recommend to the council that an appointed member be removed upon such grounds as may be deemed appropriate by the board, commission or committee. The council shall take action to approve or deny the recommendation.

2. The council may, on its own motion and by majority vote, remove any appointed member of a board, commission or committee upon such grounds as it may deem appropriate and declare the position vacant.

3. A commission or committee member shall be removed upon absences from three consecutive regular meetings or four regular meetings within a 12-month period. For purposes of this subsection, workshops are excluded from the definition of “regular meeting.”

H. Vacancies.

1. Vacancies occurring other than by expiration of a term shall be filled for any unexpired term in the manner used for regular appointments. For purposes of determining the number of terms served by a member, service in excess of one year shall qualify as a full term.

2. If a member’s residence status changes during his or her term such that the member no longer complies with the residency qualification, the member must immediately vacate his or her position on the board, commission or committee.

3. Vacancies shall be filled using the appointment procedure referenced in RMC 2.04.120.

I. Training. Each new board, commission and committee member shall take the state-required open government training within 90 days of appointment. Board, commission and committee members are required to repeat this training every four years. This training shall be coordinated and monitored for compliance by the city clerk’s office.

J. Expenditures. Any approved expenses incurred by a board, commission or committee shall be paid from the affiliated department’s annual budget.

K. Open Meetings – Executive Session. All meetings shall comply with Chapter 42.30 RCW, the Open Public Meetings Act.

L. Parliamentary Procedure. Boards, commissions and committees shall follow Robert’s Rules of Order when conducting meetings and making decisions.

M. Quorum – Voting – Tie.

1. Quorum. Except for the lodging tax advisory committee, a majority of any members of a board, commission or committee present at a meeting shall constitute a quorum allowing for the transaction of business. Quorum for the lodging tax advisory committee shall be as provided in RMC 2.15.030(B).

2. In the event of a vacancy or vacancies, the majority of any of the remaining members shall constitute a quorum for the transaction of business; provided, however, that at least three members must be present to constitute a quorum of the planning commission, library board and the Americans with Disabilities citizens review committee.

3. A majority vote of the quorum shall be sufficient to accomplish an action; provided, however, that board of adjustment, library board and code enforcement board action requires at least three affirmative votes of those present.

4. Members not present for a hearing held by the board, commission or committee shall not participate in the decision unless the member first reads and reviews the full record made at the hearing.

5. All members present participate in a vote, including youth members and the chair, unless a member has recused himself or herself due to a real or apparent conflict of interest or has been disqualified based on an appearance of fairness concern. In the case of a tie vote, the action fails. Members must be present at the meeting to participate in a vote.

N. Records. All boards, commissions, committees and ad hoc committees shall prepare, for each meeting, special meeting or workshop, an agenda and agenda packet for publication on the city’s website. Meeting minutes shall be prepared for each meeting and, once approved, shall be published on the city’s website. All agendas, agenda packets and meeting minutes shall be prepared pursuant to the procedures adopted by the city. Such records shall be maintained according to the state-mandated retention schedule and the city’s established retention policies. All records shall be open to public inspection. [Ord. 125; Ord. 40-98; Ord. 07-00; Ord. 14-03; Ord. 31-03; Ord. 33-04; Ord. 38-05; Ord. 04-07; Ord. 08-07; Ord. 14-15 § 1; Ord. 21-18 § 1; Ord. 11-19 § 1; Ord. 07-20 § 1; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.115 Ad hoc citizens committees.

An ad hoc citizens committee may be constituted upon the motion of the city council.

A. At the time of passing the motion establishing the committee, the following shall be made a part of the motion:

1. A written statement of purpose for the committee.

2. A written description of recommendations which the council expects from the committee.

3. The specific due date of material and recommendation back to the council.

4. An estimated date of completion of the committee assignment.

5. The number of members that shall be on the committee and a statement of qualifications required of committee members.

6. If special circumstances warrant the inclusion of one or more councilmembers as voting members of the committee, the motion shall provide justification for so doing.

B. Other Applicable Rules.

1. The council, through the city manager, will provide oral or written statements to nominated members of the ad hoc committee relating the purpose of the committee, a description and due date of recommendations back to the council and the anticipated date of completion of the committee assignment.

2. Ad hoc committee members shall normally be nominated by members of the city council. Appointment of ad hoc committee members shall be by majority vote of the city council.

3. The ad hoc committee shall appoint a chairperson, vice chairperson and other officers as they see fit from the membership of the committee. Council may choose to assign a council liaison consistent with the process identified in RMC 2.04.125.

4. Repealed by Ord. 03-20.

5. City staff shall provide assistance to the committee as appropriate.

6. A quorum of the ad hoc committee must be present to conduct business. A quorum shall consist of the lowest number of members of the committee that exceeds one-half the stated number of members of the committee.

7. Unless otherwise directed by city council, formal minutes need not be kept except for formal motions.

8. Written reports issued by the ad hoc committee activities shall be approved by majority vote of the committee and signed or initialed by the ad hoc committee chairperson. [Ord. 30-91; Ord. 31-03; Ord. 03-20 § 1; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.120 Procedure for filling vacancies on boards, commissions, and committees.

The procedure for filling vacancies on boards, commissions and committees shall be kept on file with the city clerk’s office and made available for public inspection upon request and by posting on the city’s website. [Ord. 38-92; Ord. 9-93; Ord. 37-94; Res. 36-96; Ord. 40-98; Ord. 31-03; Ord. 21-18 § 2; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.125 Selection process for council appointments and all other appointments not covered by RMC 2.04.120.

Biennially, generally at the first workshop after newly elected councilmembers take office, the council shall choose from among its members those who will serve as council liaisons to the various boards, commissions, committees and outside agencies, council appointees to ad hoc committees, and all other council and non-council appointments not covered by RMC 2.04.120. The recommendations generated during the workshop will be presented by resolution to the full city council for approval. Each assignment to a board, commission, committee, or outside agency shall be assigned a category which shall be defined as follows:

A. Liaison Assignment to City of Richland Boards, Commissions and Committees. A councilmember shall not be a voting member of the board, commission or committee and shall participate only to a limited degree. The councilmember’s purpose is primarily to communicate council policy to the board, commission or committee and to take back to the council recommendations and questions. The councilmember shall also gather information about the boards, commissions or committees and communicate it to the council when appropriate. In particular, councilmembers shall not direct any activities as a leader of boards, commissions or committees to which they are assigned.

B. Liaison Assignment to Non-City Organization – Nonparticipant. Councilmembers shall not be voting members of non-city organizations in these kinds of assignments. The councilmember’s purpose is primarily to communicate council policy to the organization and to take back to the council recommendations and questions. The councilmember shall also gather information about the organization and communicate it to the council when appropriate. In particular, councilmembers shall not direct any activities as a leader of organizations to which they are assigned.

C. Assignment to Non-City Organization – Board Member. Councilmembers may be voting members of non-city organizations in these kinds of assignments. However, councilmembers shall not participate as officers of the assignee organizations in these kinds of assignments. The councilmember’s purpose is not only to communicate council policy to the organization and bring recommendations and questions back to council; the councilmember shall also encourage implementation of city objectives. The councilmember shall also gather information about the organization and communicate that information to the council when appropriate.

D. Assignment to Non-City Organization – Board Member/Officer. Councilmembers may be voting members and participate as officers of non-city organizations in these kinds of assignments. The councilmember’s purpose is not only to communicate council policy to the organization and bring recommendations and questions back to the council; the councilmember shall also encourage implementation of city objectives. The councilmember shall also gather information about the organization and communicate to the council when appropriate.

E. Assignment to Local, Regional, State, National or International Boards/Commissions and Committees Relating to City or Council Business – Member/Officer. Councilmembers who seek membership, election or reelection for office in local, regional, state, national or international boards/commissions and committees relating to city or council business must, prior to the workshop, submit a request for consideration during the council assignments discussion. Where circumstances require travel outside the local area at city expense, the councilmember shall adhere to RMC 1.01.040.

F. The category of each assignment signals the level of participation required of the councilmember as to each organization or board to which the councilmember is assigned. A roster reflecting the category of each assignment will be kept on file in the city clerk’s office. [Ord. 33-90; Ord. 39-91; Ord. 20-92; Ord. 17-96; Ord. 40-98; Ord. 31-03; amended during 2011 recodification; Ord. 03-20 § 2; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.126 Deputy city manager.

The deputy city manager, under the direction of the city manager and subject to the provisions of the Charter and general laws, shall assist the city manager in the day-to-day administration of the city government, represent the city manager as directed, provide general administrative oversight of the development services department, parks and public facilities department, public works department, and energy services department, and perform other duties as assigned not inconsistent with the position of deputy city manager. [Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.127 Deputy city manager for community and development services.

Repealed by Ord. 47-20. [Ord. 31-03].

2.04.128 Assistant city manager.

An assistant city manager may be appointed by the city manager and shall have such duties as shall be assigned to him or her by the city manager. The office of assistant city manager may, at the direction of the city manager, be combined with the office of any city official described in the city code. [Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.130 City clerk.

The city clerk, subject to the provisions of the Charter, general laws and ordinances, shall be responsible for the publication, filing, indexing and safekeeping of all the records of all the proceedings of the council; record and certify all ordinances and resolutions; serve as custodian of the city seal and official city records; prescribe and furnish sample forms for all petitions provided for by Charter and ordinances; serve as registrar of voters for the city, and keep and maintain all election records and have custody of all property in connection with elections and perform such other duties in relation to registration of voters and elections as required by Charter and general law; publish all legal notices unless otherwise provided by general law or ordinance; and perform other duties as may be required by the Charter, the general laws, ordinances, the city council, or the city manager. The city clerk shall attend all meetings of the council and keep a permanent journal of its proceedings. [Ord. 125 § 4.02; Ord. 40-99; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.140 City attorney.

The city attorney, subject to the provisions of the Charter and general laws, shall advise and assist in the preparation of, and prepare in final form and review for legal correctness, all ordinances, resolutions and regulations; prepare and review for legal correctness all contracts, bonds, franchises and other instruments to which the city is a party; attend all regular and special council sessions unless excused by the city manager; advise the council, the city manager, all department heads and other administrative officials and all boards, commissions and committees as to the legality of any proposed action; be responsible for all prosecutions for violations of ordinances, unless the manager, with the approval of the council, otherwise provides; represent the city in all legal proceedings in which the city is a party or has an interest, before any court or judicial, administrative or other tribunal, unless the manager, with the approval of the council, otherwise provides; settle or compromise, with the approval of the council, claims or suits at law or in equity to which the city may be a party; and preserve in the office of the city attorney copies of all legal opinions rendered. [Ord. 125 § 4.03; Ord. 40-98; Ord. 40-99; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.150 Administrative services group.

Repealed by Ord. 47-20. [Ord. 125 § 4.04; Ord. 180; Ord. 29-83; Ord. 55-93; Ord. 40-98; Ord. 40-99; Ord. 31-03].

2.04.155 Administrative services department.

The administrative services department, under the direction of the assistant city manager, shall be responsible for internal city services such as purchasing, warehousing, equipment maintenance, fleet management, and information technology. [Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.156 Human resources department.

The human resources department, under the direction of the human resources director, shall direct and administer the city’s personnel program in accordance with the Charter, state and federal laws, and established best practices; maintain proper records of examinations, appointments, removals, leaves of absence, and other significant events in the service of all employees in the classified service and provide administrative support to the city’s personnel committee; recruit personnel; and perform other duties as may be required by the Charter, the general laws, ordinances, or the city manager. The term “human resources director” has the same meaning as the term “personnel officer” in the Charter. [Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.158 Finance department.

The finance department, under the direction of the finance director, shall direct and administer licensing and taxation; all finance functions including financial and utility reporting, budget, and cash and investment management including debt financing; and perform other duties as may be required by the Charter, the general laws, ordinances, or the city manager. [Ord. 2022-33 § 1].

2.04.160 Development services department.

The development services department, under the direction of the development services director, shall be responsible for land use planning, development, permits, building inspections, redevelopment and neighborhood improvement, and business and economic development. [Ord. 125; Ord. 563; Ord. 595; Ord. 751; Ord. 105-76 § 1.02; Ord. 6-78; Ord. 40-82; Ord. 35-85; Ord. 55-93; Ord. 18-96; Ord. 39-96; Ord. 40-98; Ord. 40-99; Ord. 31-03; amended during 2011 recodification; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.161 Parks and public facilities department.

The parks and public facilities department, under the direction of the parks and public facilities director, shall be responsible for construction and maintenance of certain city facilities, implementation of recreation and enrichment programs for citizens of all ages, physical park planning, maintenance of park areas and related facilities, library, municipal golf, and such other duties as may be assigned. [Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.165 Utility and public works group.

Repealed by Ord. 47-20. [Ord. 31-03].

2.04.170 Public works department.

The public works department, under the direction of the public works director, shall be responsible for engineering and utility operations of water, sewer, stormwater, and solid waste, transportation planning, and road maintenance. [Ord. 55-93; Ord. 20-94; Ord. 18-96; Ord. 40-99; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.180 Energy services department.

The energy services department, under the direction of the energy services director, shall be responsible for the provision of energy services. [Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.200 Public safety group.

Repealed by Ord. 47-20. [Ord. 31-03].

2.04.205 Fire and emergency services department.

The fire and emergency services department, under the direction of the fire chief, shall be responsible for emergency medical services, fire prevention, fire operations and fire training. [Ord. 1-78 § 1.03; Ord. 80-79 § 1.05; Ord. 17-83 § 1.02; Ord. 40-99; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.210 Police department.

The police department, under the direction of the chief of police, shall have all of the duties designated and devolved upon such departments by state law generally, and specifically as to cities organized or chartered under either RCW Title 35 or 35A. In addition, the chief of police may issue a limited commission to persons outside the police department who have a need to have limited enforcement capabilities such as, but not limited to, animal control, parking and parks. These limited commissions will specifically state the ordinances for which the holder may issue citations for civil infractions. The chief of police will develop standards for the selection and training of those being granted a limited commission, which will be consistently applied. The limited commission may be revoked at any time by the chief of police. [Ord. 1-78 § 1.04; Ord. 8-85; Ord. 40-99; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1; Ord. 2023-18 § 1].

2.04.220 Benton County emergency services department.

Repealed by Ord. 47-20. [Ord. 40-99; Ord. 31-03].

2.04.260 Severability.

The invalidity of any chapter, section, subsection, provision, clause or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance codified herein or the validity of its application to other persons or circumstances. [Ord. 125 § 4.14; Ord. 40-99; Ord. 31-03; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

2.04.270 Interpretation.

A. Conflicts. In any case where the change of department or position title causes a question or conflict in the responsibility or function to be administered, the city manager shall review the matter and clarify the assignment of responsibility among the departments and officials established by this chapter.

B. Salaries. In cases of reassignment of duties or establishment of positions, the city manager shall review the responsibilities and recommend appropriate salary ranges or adjustments as a part of the annual budget process. Where individuals are assigned temporary acting responsibilities significantly different from their present responsibilities, the city manager, within existing budgetary appropriations, may make interim compensation adjustments as allowed under the personnel rules.

C. Benefits. Notwithstanding the current compensation plan for unaffiliated employees, the city manager, within existing budgetary appropriations, is authorized to approve provision of benefits as provided herein to limited term employees when such employees are hired for the specific purpose of supporting a recognized project-based initiative. Access to medical, dental, vision, deferred compensation, paid time off/sick leave and all other benefits for a limited term employee shall be on the same terms and conditions as they are made available to unaffiliated city employees. The city manager shall determine when a city project qualifies as a recognized “project-based initiative” such that this section applies. Nothing herein shall be construed so as to require the city manager to approve provision of such benefits to any limited term employee. In the event of a conflict between this section and any other section in this title, this section shall prevail. [Ord. 751; Ord. 105-76 § 1.07; Ord. 40-99; Ord. 31-03; Ord. 22-17 § 1; Ord. 47-20 § 1; Ord. 2022-02 § 1; Ord. 2022-33 § 1].

Prior legislation: Ords. 55-74, 78-74, 63-78, 59-79, 13-81, 39-90, 38-91, 38-92, 9-93, 37-94 and 13-95.