HomeMy WebLinkAboutCOW 2014-04-28 Item 4C - Ordinance - Signing Authority to City Administrator in Mayor's Absence COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
s'1',\1,1:SPONSOR:SHELLEY KERSLAKE ORIGINAL AGENDA DATE: 4/28/14
AGkND,\ ITI;MTin . An ordinance authorizing the City Administrator to sign City documents in the
Mayor's absence
C.\•I•I?G()RY ® Discussion ® Motion ❑ Resolution ❑ Ordinance ❑ .Bid.:/huard 1 I Public.Hearing ❑ Other
i iig Date 4/28/14 tlltg Date 5/5/14 Altg Date Al tg Date ,1'Lt Date tlltg Date A1tg Date
SPONSOR ❑ Gittncil I I Al,tyoz- ® City.Atty ❑ DCD ❑ Finance ❑ Fire Li IT ❑ P&R ❑ Police ❑ P117
SPONS)R'S It has been an ongoing practice for the City Administrator to sign documents in the
SuMM.1RY Mayor's absence, and a formal policy has been in place since 2008. The attached
ordinance will add this provision to the Tukwila Municipal Code by request of the City
Attorney.
RI?\'ll.:\W'IM BY ❑ COW Mtg. ❑ CA&P Cmte ® F&S Cmte ❑ Transportation Cmte
I I Utilities Cmte ❑Arts Comm. ❑ Parks Comm. ❑ Planning Comm. .
DATE: 4/22/14 COMMI F1'EE CHAIR: SEAL
RECOMMENDATIONS:
SP()NS()R/ADMIN. City Attorney
COMMUTE] Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
E\PFNDi!'Ult RI?c.UTRPD AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $ $
Fund Source:
Continents:
MTG. DATE RECORD OF COUNCIL ACTION
4/28/14
MTG. DATE ATTACHMENTS
4/28/14 Informational Memorandum dated 4/14/14
Ordinance
TMC 2.08
Administrative Policy 400-05 dated 10/15/08
Minutes from the Finance and Safety Committee Meeting of 4/22/14
5/5/14
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sy City of Tukwila
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--r Jim Haggerton, Mayor
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190 INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Shelley Kerslake, City Attorney
BY: Christy O'Flaherty, City Clerk
DATE: April 14, 2014
SUBJECT: Amendment to Tukwila Municipal Code 2.08 regarding signing authority
(Amended after the FS meeting; changes shown in strike-thru underlined below)
ISSUE
The Tukwila Municipal Code should be amended to include language authorizing the City
Administrator to sign documents in the absence of the Mayor.
DISCUSSION
RCW 35A.12.100 designates the duties and authority of the Mayor, which includes signing
official City documents. In the absence of the Mayor, the City Administrator should be
authorized to sign documents to ensure the continuity of City business. While the City has an
Administrative Policy authorizing the City Administrator to sign documents in the Mayor's
absence, a provision in the code is also advised.
RECOMMENDATION
. - - - . -•• -. ' e-..e. Il•
Regular Meeting. The Committee decided to forward this item to the April 28, 2014 Committee
of the Whole.
ATTACHMENTS
-Draft Ordinance
-Tukwila Municipal Code 2.08
-Administrative Policy 400-05 dated 10/15/08 (attachment added at the request of the FS Com.)
W:\2014 Info Memos-CouncillSigningAuthorityMemo.doc 93
i. .
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2016,
AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 2.08,
TO AUTHORIZE THE CITY ADMINISTRATOR TO SIGN CITY
DOCUMENTS IN THE MAYOR'S ABSENCE; PROVIDING FOR
SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Mayor is the Chief Executive and Administrative Officer of the City
with the authority to designate assistants and department heads; and
WHEREAS, to ensure the continuity of City business, the City Administrator should be
authorized to sign official City documents in the Mayor's absence;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 2.08 Amended. Ordinance No. 2016, as codified in
Tukwila Municipal Code Chapter 2.08, "Mayor," is hereby amended to add a new
Section 2.08.040 as follows:
2.08.040 Authority. Pursuant to RCW 35A.12.100, the Mayor is the Chief
Executive and Administrative Officer of the City. As such, the Mayor is responsible for
signing official documents of the City. In the absence of the Mayor, the City
Administrator is authorized to sign official City documents on behalf of the Mayor to
ensure the continuity of City business.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to.
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
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Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of I , 2014.
•
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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TITLE 2 —ADMINISTRATION AND PERSONNEL
CHAPTER 2.08 CHAPTER 2.12
MAYOR DIRECTOR OF PUBLIC WORKS
Sections: Sections:
2.08.010 Compensation 2.12.010 Office Created
2.08.020 Salary 2.12.020 Duties
2.08.030 Benefits 2.12.030 Compensation
2.12.010 Office Created
2.08.010 Compensation There is created the office of Director of Public Works in and
Pursuant to the provisions of RCW 35A.12.070, the for the City, which office shall be filled by appointment of the
person holding the position of Mayor shall be compensated at Mayor subject to confirmation of the Council.
a yearly rate set forth by ordinance, payable in equal monthly (Ord 707(part), 1972;Ord.562§1, 1969)
installments.
(Ord 2016§1,2003) 2.12.020 Duties
Subject to the direction of the Mayor, the Director of Public
2.08.020 Salary Works shall perform the following duties:
Beginning January 1, 2003, the salary for the Tukwila 1. He shall have charge of construction, mainten-
Mayor shall be set at $78,000 per year. Beginning January 1, ance, repair and cleaning of the streets, sidewalks, gutters,
2004, that salary will be increased to $80,000 per year. sewers and drains,and such other related activities.
Beginning January 1, 2005,the salary will be adjusted annually 2. He,shall exercise general supervision over the
at the same rate of inflation as determined by the current municipal water and sewer systems.
method prescribed for the non-represented employees. (Ord. 1494§1, 1988;Ord. 707(part), 1972;
(Ord.2016§2,2003) Ord.562§3, 1969)
2.08.030 Benefits 2.12.030 Compensation
Subject to any applicable restrictions, the Mayor shall be The Director of Public Works shall receive such salary and
eligible to receive the same or an equivalent benefit package in such amounts as the Council may, from time to time,
as is given to department heads in the City of Tukwila and establish by ordinance and as fixed by the City's annual
established from time to time by resolution. budget.
(Ord.2016§3,2003) (Ord 707(part), 1972;Ord.562§3, 1969)
Produced by the City of Tukwila, City Clerk's Office Page 2-79 7
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�J�. �'� �I, Index: 400-05
40 �y��� CITY OF TUKWILA
l,��°,,. '� ,%?.o ADMINISTRATIVE MANUAL
Gf,��a;`•••..... . .,:.: ,6. Page 1 of 2
TITLE: CONTRACT/LEGAL DOCUMENT
PROCESSING
PURPOSE:
To provide consistent direction for obtaining the Mayor's signature on legal/official documents of
the City of Tukwila.
REFERENCES: N/A •
STATEMENT OF POLICY:
All legal/official documents of the City,requiring the Mayor's signature, will be brought to the
City Clerk for review and logging,if applicable. The City Clerk is responsible for obtaining the
Mayor's signature on all such documents; attesting to the Mayor's signature when necessary; and
providing the notary services for the Mayor and Administrative staff in the signing of
legal/official documents.
In the absence of the Mayor,the City Administrator may sign legal/official documents to assure
the continuity of City business.
All contracts obligating the City of Tukwila shall be reviewed as to form by the City Attorney and
signed by the Mayor. The City Clerk will obtain the Mayor's signature and retain all original
contracts. The following procedures provide an efficient and consistent method for assuring all
steps are completed in accordance with City policy.
DEFINITIONS:
City Clerk means the official City Clerk or his/her designee.
Legal/Official document means, but is not limited to, contracts, agreements, deeds,easements,
bills of sale, development agreements, leases, grants, banking and financial documents, letters of
understanding, etc.
Contract means an agreement between competent parties, upon legal consideration, to do or
abstain from performing some act.
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Index: 400-05
TITLE: CONTRACT/LEGAL DOCUMENT Page 2 of 2
PROCESSING
PROCEDURES:
1. A routing form obtained from the City Clerk shall be used on all contracts or other legal
documents brought to the City Clerk for the Mayor's signature.
2. At least two originals of contracts are required.
3. If applicable,the originating department should obtain the City Attorney's signature in
advance of bringing the contract or legal document to the City Clerk; however, the City Clerk
will obtain the City Attorney's signature if necessary.
4. The initiating department director or designee must initial to the right of the Mayor's
signature line prior to the document being presented'to the Mayor for signature. This step
assures the Mayor that the department director or designee has read the document and
approves its contents.
5. The City Clerk will review all documents to ensure completeness and consistency; affix an
identifying number, if applicable;make an appointment with the Mayor (or City
Administrator, in the absence of the Mayor); obtain the signature of the Mayor or City
Administrator; and attest to and/or notarize the signature(s), if applicable.
6. The City Clerk will.retain a fully executed original of the document in the City's Central
Filing System and manage the documents based on the requirements of the City's Records
Management Program.
7. One fully executed original document(2 of 2) will b'e returned to the Administrative Secretary
or other designated staff person of the originating department for delivery to the contractor.
8. A copy of the signed document(s) will be sent to the Finance Department if applicable.
END
Initiating Department:
Title: CONTRACT/LEGAL DOCUMENT PROCESSING City Clerk
Effective Date: Supercedes: Mayor's Office Appro al Signature:
Amended 10/15/08 /
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City of Tukwila .
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Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
April 22, 2014— 5:30 p.m.; Hazelnut Conference Room
PRESENT
Councilmembers: Verna Seal, Chair; Joe Duffie, Kathy Hougardy
Staff: David Cline, Dave Johnson, Pat Brodin, Tracy Gallaway, Mike Villa, Peggy
McCarthy, Christy O'Flaherty, Laurel Humphrey
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Ordinance: Authorizing the City Administrator to Sign Documents in Absence of Mayor
Staff is seeking Council approval of an ordinance that would authorize the City Administrator
to sign official documents in the absence of the Mayor. The City already has an administrative
policy regarding this, but adding this provision to the Municipal Code has been advised by the
City Attorney. Councilmembers inquired how long this has been a practice in Tukwila, and
staff confirmed that this has been in practice even before the policy was adopted in 2008. The
Committee requested a copy of the policy be provided to the full Council in the meeting
packet. UNANIMOUS APPROVAL. FORWARD TO MAY 5, 2014 REGULAR CONSENT
AGENDA. (Note: on 4/23/14, the Committee requested this item be placed on the 4/28
Committee of the Whole agenda for further discussion.)
B. Resolution: Petty Cash and Change Fund Levels for Parks and Recreation and Public Works
Staff is seeking Council approval of a resolution that would modify the fund levels on the
Parks and Recreation and Public Works funds due to operational changes in the
departments. Implementation of the P-card system for most of the City's purchasing has
had an impact on the petty cash needs at Minkler Shops, George Long Shops, and the
Community Center. After analyzing the petty cash needs, the requested changes are as
follows:
• Parks and Recreation Petty Cash — Decrease from $500.00 to $300.00
• PW Minkler Operations Petty Cash — Increase from $200.00 to $350.00
• PW George Long Shops Petty Cash — Eliminate the petty cash fund.
In addition, staff is requesting an increase in the Parks and Recreation Change Fund to
$350.00 from $150.00. This increase is in response to the typically larger cash
transactions handled by the rental office. UNANIMOUS APPROVAL. FORWARD TO MAY
5, 2014 REGULAR CONSENT AGENDA.
C. Purchase of Special Events Equipment Trailer
Staff is seeking Committee approval of an equipment trailer for the purpose of transporting
equipment and supplies to City-sponsored community events, for an estimated cost of
$8,580. Funds for this purchase will come from the 2014 Volunteer and Special Events
program budget. This trailer will help staff streamline participation in special community
events by eliminating duplicate items and providing a portable stock of commonly used
items and resources. The trailer will be available for other departments for City-sponsored
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