Chapter 2.12
CITY CLERK
Sections:
2.12.020 Appointment of city clerk.
2.12.030 Qualifications of city clerk.
2.12.035 Duties of city clerk.
2.12.040 Clerk to receive service of process for all lawsuits, appeals, and subpoenas for records.
2.12.010 Purpose.
This chapter provides for the appointment of the office of city clerk pursuant to the authority granted in RCW 35A.13.080 and 35A.13.090. (Ord. 2021-016 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-013; Ord. 2001-018 § 1)
2.12.020 Appointment of city clerk.
The city clerk is an appointive office. This chapter authorizes appointment to the office of city clerk by the city manager, pursuant to RCW 35A.13.080(2). (Ord. 2021-016 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-013; Ord. 2001-018 § 2)
2.12.030 Qualifications of city clerk.
Appointments to the position of city clerk are made from candidates who have sufficient knowledge to perform the duties required for the position and as may be required by state law or ordinance. (Ord. 2021-016 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-013; Ord. 2001-018 § 3)
2.12.035 Duties of city clerk.
The powers, duties, and responsibilities of the city clerk are subject to the direction, authority, and supervision of the city manager or designee and will include, without limitation, the following:
A. Keeping a full and true record of every act and proceeding of the city council;
B. Keeping such books and accounts, and make such reports as required by the office of the state auditor;
C. Recording all ordinances passed by the city council, including assigning a number and title of the ordinance, stating the ordinance was published and posted according to the law, and retaining a true and correct copy in the city’s records;
D. Acting as custodian of the seal of the city and exercising authority to acknowledge the execution of all instruments by the city requiring such acknowledgment;
E. Performing all duties as specified in Chapter 35A.42 RCW for the city clerk, and all duties imposed by law as an officer for the city;
F. Serving as the public records officer for the city of Sequim and performing all duties as imposed by law on the public records officer;
G. Serving as the city agent responsible for receiving all lawsuits, appeals, subpoenas, public records requests, and other requests for disclosure of records;
H. Ensuring that tort claims received by the city are timely routed to the city attorney’s office;
I. Designating an acting city clerk to perform all clerk duties when necessary. (Ord. 2024-029 § 2 (Exh. C); Ord. 2021-016 § 1 (Exh. A))
2.12.040 Clerk to receive service of process for all lawsuits, appeals, and subpoenas for records.
A. The city clerk is the city’s designated agent for receiving formal service of process on behalf of the city of any lawsuit or appeal, including actions filed pursuant to RCW Title 4 and Chapter 36.70C RCW. In addition, the clerk is the city’s designated agent for receiving formal service of any subpoena for records (subpoena duces tecum) in matters where the city is not a named party but is or may be a custodian of the records sought.
B. Delivery of any lawsuit or appeal in which the city is a party to any city employee or official other than the clerk or the clerk’s authorized designee will not be considered or accepted as formal service of process upon the city of Sequim.
C. All lawsuits and appeals brought against the city must be filed with or served upon the clerk or designee during normal business hours at the Sequim Civic Center, 152 West Cedar Street, Sequim, Washington, 98382, and perfected in the manner allowed by law for the type of action or matter. Service by email or facsimile transmission will not be accepted unless specifically approved in advance by the city attorney. (Ord. 2024-029 § 2 (Exh. C); Ord. 2021-016 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-013)
2.12.050 Tort claims.
A. Pursuant to RCW 4.96.020 and 35A.31.010, tort claims for damages must be directed by mail or personal delivery to the city clerk. The city clerk is the designated agent of the governing body for purposes of receiving all claims filed against the city. See Resolution R2001-009, Auditor’s File No. 2001-1067236.
B. Tort claims received by any other city department or employee will be routed to the city clerk as soon as practicable after receipt. The city clerk will provide a copy of the tort claim to the city attorney’s office.
C. Tort claim forms meeting Washington State requirements will be made available to the public on the city website or upon request at the Sequim civic center. (Ord. 2024-029 § 2 (Exh. C))