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Title 3
ADMINISTRATION AND PERSONNEL

Chapters:

3.04    Noncharter Code City

3.08    City Council—Officers

3.10    City Council—Meetings

3.11    Salary Commission

3.12    Limits on Campaign Contributions

3.16    City Manager—Administrative Departments

3.20    Emergency Management

3.24    Joint Fire Service with King County

3.28    Kirkland Library Board

3.30    Design Review Board

3.32    Planning Commission

3.34    Hearing Examiner

3.36    Park Board

3.40    Parking Advisory Board

3.45    Transportation Commission

3.48    Repealed

3.49    Municipal Court

3.54    Civil Service Commission

3.55    Repealed

3.56    Disability Board

3.60    Firemen’s Pension Board

3.64    Volunteer Fire Department

3.68    Parks and Recreation

3.72    Officers, Employees and Volunteers

3.76    Repealed

3.78    Parking Enforcement Person

3.80    Personnel

3.82    Code of Ethics

3.84    Repealed

3.85    Purchasing

3.86    Sale and Disposal of Personal Property

3.88    Unclaimed Property

3.92    Cemetery

3.96    Plaza of Champions

Chapter 3.04
NONCHARTER CODE CITY*

Sections:

3.04.010    City classification.

*    For the statutory provisions regarding the procedure for an incorporated municipality to become a noncharter code city, see Chapter 35A.02 RCW. For the provisions regarding a noncharter code city generally, see RCW Title 35A.

3.04.010 City classification.

Notwithstanding anything contained in the existing ordinances of the city to the contrary, the city adopts the classification of a noncharter code city operating under the council-manager plan of government as set forth in Chapter 35A.13 RCW, endowed with all the applicable rights, powers, privileges, duties, and obligations of noncharter code cities as set forth in RCW Title 35A as the same now exists, including, but not by way of limitation, those set forth in Chapter 35A.11 RCW, and further including any and all supplements, amendments or other modifications of that title hereafter at any time enacted. (Ord. 2079 § 1, 1969)

Chapter 3.08
CITY COUNCIL—OFFICERS*

Sections:

3.08.010    Salaries—Elected officials (councilmember, mayor).

3.08.020    Salaries—Other officers and employees.

3.08.110    Youth member of boards and commissions.

*    For the statutory provisions regarding the council-manager form of government under the optional municipal code, see RCW 35A.13. For the specific provisions regarding the compensation of the city council, see RCW 35A.13.040.

3.08.010 Salaries—Elected officials (councilmember, mayor).

The salaries for elected officials shall be as established by the salary commission as set forth in Chapter 3.11 of the Kirkland Municipal Code. (Ord. 4041 § 1, 2006: Ord. 3392 § 1, 1993: Ord. 3025 § 1, 1987: Ord. 2880 § 1, 1985: Ord. 2496 § 1, 1979: Ord. 2176 § 1, 1971: Ord. 2082 § 1, 1969)

3.08.020 Salaries—Other officers and employees.

For all other city offices and positions as may, from time to time, be established, the salaries shall be as set forth in the biennial budget. (Ord. 4041 § 2, 2006: Ord. 3573 § 1, 1997: Ord. 2176 § 2, 1971: Ord. 2082 § 2, 1969)

3.08.110 Youth member of boards and commissions.

(a)    General. The city council has added a youth-specific seat on certain citizen advisory boards and commissions. Rules and policies relating to boards and commissions are contained in a variety of ordinances, resolutions, and other documents. The provisions of this section will prevail over all other rules or policies of the city to the extent of any conflict with this section.

(b)    Youth-Specific Seat Defined. Appointment to a youth-specific seat shall be made for a two-year term. A youth-specific seat on a board or commission can be filled only by a person who is a resident of Kirkland or Kirkland’s annexation areas and has attained the grade level of sophomore or junior by September of the year of appointment. The person so appointed may complete their term even if he or she is over the age of eighteen. All other qualifications and requirements applicable to members of the board or commission shall apply to the youth member.

(c)    Youth-Specific Seats. A youth-specific seat has been added to the boards and commissions specified below, increasing their number of members by one. The total number of members, including the additional seat, for each body is listed below:

(1)    Human services advisory committee: Five “at-large” members.

(2)    Library board: Six members.

(3)    Park board: Eight members. Five members shall constitute a quorum and five affirmative votes shall be necessary to carry any proposition.

(4)    Transportation commission: Eight members. (Ord. 4089 § 1, 2007: Ord. 3872 § 1, 2002: Ord. 3759 § 2, 2000)

Chapter 3.10
CITY COUNCIL—MEETINGS

Sections:

3.10.010    Meetings—Generally.

3.10.020    Study meetings—Purpose—Hearings.

3.10.030    Location—Time.

3.10.040    Holidays—Meeting change.

3.10.050    Budget—Hearing.

3.10.060    Actions—Final.

3.10.070    Actions—Appeal or judicial review.

3.10.080    Rights not expanded or created.

3.10.010 Meetings—Generally.

The city council shall meet regularly for the conduct of official business and the taking of action thereon on the first and third Tuesdays of each calendar month, commencing at seven-thirty p.m.

Agendas for regularly scheduled meetings shall be available to members of the city council, the official newspaper for the city, and members of the general public by five p.m. of the Friday immediately preceding the council meeting. Notice of a public hearing shall be by inclusion of the hearing in the agenda, unless publication of notice of hearing is specifically required. (Ord. 3642 § 1, 1998: Ord. 3102 § 1, 1988: Ord. 3001 § 1, 1986: Ord. 2169 § 1, 1971)

3.10.020 Study meetings—Purpose—Hearings.

In addition to such regular business meetings, the city council shall also meet for the purpose of information study, review and general discussion. Such meetings shall, to distinguish them from regular business meetings, be referred to as study meetings. Study meetings will ordinarily be held on the same evening as a regular meeting. The time for the start of the study session shall be announced in the agenda circulated for the regular meeting. If a study meeting is to be held on a date other than a regular meeting date, then the date and time for the start of the study session shall be announced at the preceding regular council meeting and an agenda for the study meeting shall be available to the members of the city council, the official newspaper for the city, and members of the general public three days before the study meeting.

A public hearing may be scheduled and heard during a study meeting, but no final action shall be taken at such study meeting, unless the requirements of RCW Chapter 42.30 have been met, including the requirement of public notice for special meetings. (Ord. 3642 § 2, 1998: Ord. 3102 § 2, 1988: Ord. 3001 § 2, 1986; Ord. 2169 § 2, 1971)

3.10.030 Location—Time.

Unless otherwise changed by motion of the city council taken not later than the regular business meeting next preceding, all regular meetings and study meetings of the city council shall be held at City Hall, 123 5th Avenue, Kirkland, Washington. (Ord. 3642 § 3, 1998: Ord. 3001 § 3, 1986: Ord. 2169 § 3, 1971)

3.10.040 Holidays—Meeting change.

Whenever a regularly scheduled meeting conflicts with a legal holiday, such meeting shall be held on the Wednesday immediately following such legal holiday. (Ord. 3001 § 4, 1986: Ord. 2169 § 4, 1971)

3.10.050 Budget—Hearing.

Annually on or before the first Monday in December, the council shall meet in public hearing to consider the proposed budget for the ensuing year. Said hearing may be continued from day to day, but in no event beyond the sixth day of December. The council in said meeting at the conclusion of the hearing may make such adjustments and changes as it deems necessary or proper and then adopt the budget or may defer taking action on the budget until either of the regular December business meetings. (Ord. 2295 § 1, 1975: Ord. 2169 § 5, 1971)

3.10.060 Actions—Final.

Every action taken by the city council, whether by motion, resolution or ordinance, shall, unless the context thereof clearly indicates otherwise, be a final action. (Ord. 2361 § 1, 1977)

3.10.070 Actions—Appeal or judicial review.

A final action of the city council shall not be subject to appeal or judicial review by writ of certiorari unless request therefor is served upon the city and filed with the court having competent jurisdiction thereof within twenty days of the date of passage of such motion, resolution or ordinance; provided, that this section shall not apply where a shorter period of time is required by statute or ordinance for the commencement of such appeal or request for judicial review. (Ord. 2361 § 2, 1977)

3.10.080 Rights not expanded or created.

Nothing in Sections 3.10.060 and 3.10.070 shall be construed as either expanding or creating any right to appeal or to request judicial review by writ of certiorari or otherwise as to any action taken by the city council. (Ord. 2361 § 3, 1977)

Chapter 3.11
SALARY COMMISSION

Sections:

3.11.010    Commission created—Membership—Appointment—Compensation—Term.

3.11.020    Vacancies.

3.11.030    Removal.

3.11.040    Duties.

3.11.010 Commission created—Membership—Appointment—Compensation—Term.

(a)    There is created a salary commission for the city. The commission shall consist of three members, to be appointed by the mayor with the approval of the city council.

(b)    A member of the commission shall serve for a three-year term without compensation, and shall be a resident of the city. The initial members shall be appointed for staggered terms.

(c)    No member of the commission shall be appointed to more than two terms.

(d)    A member of the commission shall not be an officer, official, or employee of the city or an immediate family member of an officer, official, or employee of the city. For purposes of this section, “immediate family member” means the parents, spouse, siblings, children, or dependent relatives of an officer, official, or employee of the city, whether or not living in the household of the officer, official, or employee. (Ord. 4022 § 1 (part), 2005)

3.11.020 Vacancies.

In the event of a vacancy in the office of commissioner, the mayor shall appoint, subject to approval of the city council, a person to serve the unexpired portion of the term of the expired position. (Ord. 4022 § 1 (part), 2005)

3.11.030 Removal.

A member of the commission shall only be removed from office for cause of incapacity, incompetence, neglect of duty, or malfeasance in office, or for a disqualifying change of residence. (Ord. 4022 § 1 (part), 2005)

3.11.040 Duties.

(a)    The commission shall have the duty to review the salaries paid by the city to the mayor and city council. If after such review the commission determines that the salary paid to the mayor or city council should be increased or decreased, the commission shall file a written salary schedule with the city clerk indicating the increase or decrease in salary.

(b)    The commission shall convene and complete its first review of the salaries paid to the mayor and city council within ninety days of the appointment of the commission. Should the commission determine that the salary paid to the mayor or city council should be increased or decreased, the commission shall file its initial schedule of salaries for the mayor and city council with the city clerk no later than the ninety-first day following the appointment of the commission.

(c)    For subsequent years, the commission shall meet no less than one time per year, during the months of August or September of each year.

(d)    All meetings of the commission shall be open to the public. Citizens of the city shall have an opportunity to comment or submit comments in writing prior to a commission vote to increase or decrease salaries.

(e)    Any increase or decrease in salary shall become effective and incorporated into the city budget without further action of the city council or the commission.

(f)    Salary increases established by the commission shall be effective as to all members of the city council, regardless of their terms of office.

(g)    Salary decreases established by the commission shall not be effective as to incumbent city council members until the commencement of their next term of office.

(h)    Any adjustment of salary by the commission shall supersede any city ordinance related to the budget or fixing of salaries, but only to the extent there is a conflict. (Ord. 4022 § 1 (part), 2005)

Chapter 3.12

LIMITS ON CAMPAIGN CONTRIBUTIONS

Sections:

3.12.010    Definitions.

3.12.020    Application.

3.12.030    Contribution limits.

3.12.040    Adjustment of dollar amounts in chapter—Adherence to Public Disclosure Commission established limits and schedule.

3.12.050    Complaint process.

3.12.060    Appeal from the imposition of a penalty.

3.12.070    Hearing examiner dismissal.

3.12.080    Penalties.

3.12.010 Definitions.

For purposes of this chapter, the definitions found in RCW 42.17.020 as currently enacted or as hereafter amended or recodified are hereby adopted by reference. In adopting these definitions by reference, the city also adopts the interpretation of these definitions published in Chapter 390-05 WAC or otherwise issued by the Washington State Public Disclosure Commission through declaratory orders, policy statements, and commission interpretations, except that:

(a)    “Election cycle” means the combination of the general or special election and the primary election for the office in question and begins on the date an individual becomes a candidate for such office as defined in subsection (e) of this section and ends on the date that candidate files his or her final report pursuant to RCW 42.17.080(2).

(b)    To “accept” or “receive” a contribution means the receipt of a contribution, deposit of funds with other campaign funds, and report of the contribution on required Public Disclosure Commission report(s). These terms do not apply to a situation in which a candidate receives a contribution and returns the contribution to the contributor within five business days of the date on which it is received by the candidate or political committee. This definition does not in any way affect the determination of the date a contribution is received, which is defined by Public Disclosure Commission policies.

(c)    “Person” includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.

(d)    “Public Disclosure Commission” means the Washington State Public Disclosure Commission, established under RCW 42.17.350, or its successor.

(e)    “Candidate” means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when he or she first: (1) receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office; (2) announces publicly or files for office; (3) purchases commercial advertising space or broadcast time to promote his or her candidacy; or (4) gives his or her consent to another person to take on behalf of the individual any of the actions in subsection (e)(1), (2) or (3) of this section. This is the definition of “candidate” in RCW 42.17.020 at the time of enactment of the ordinance codified in this chapter. The city also adopts amended or recodified definitions of “candidate” along with interpretations of this definition published in Chapter 390-05 WAC or otherwise issued by the Public Disclosure Commission through declaratory orders, policy statements, and commission interpretations. (Ord. 4190 § 2 (part), 2009)

3.12.020 Application.

These limits shall apply to candidates in any primary, general or special election for the Kirkland city council. (Ord. 4190 § 2 (part), 2009)

3.12.030 Contribution limits.

(a)    No candidate for city council shall accept or receive during the election cycle campaign contributions totaling more than the contribution limit established by the Public Disclosure Commission for county office candidates in King County in the aggregate from any person.

(b)    The per-election contribution limit established by the Public Disclosure Commission for county office candidates in King County shall be the election-cycle contribution limit on candidates for the Kirkland city council.

(c)    The limitations in this section shall not apply to:

(1)    A candidate’s contributions of his/her own resources to his/her own campaign;

(2)    The value of volunteer services;

(3)    Any publicly donated funds under provisions authorizing public funding of local campaigns; and

(4)    Surplus funds, as defined in RCW 42.17.020(48), from a candidate’s prior campaign and contributions received by a candidate in connection with a campaign for another office may be used by that candidate for the candidate’s current campaign only to the extent that such funds are derived from contributions that were within the dollar limitations imposed by this chapter. If such funds are from a campaign not governed by this chapter, a candidate may use only so much of each contribution previously received as would have been allowable as a contribution under this chapter if it had applied to that campaign. The source of a candidate’s surplus funds shall be determined to be derived from the most recent contributions received by such candidate or that candidate’s political committee which in total equal the amount of the surplus funds.

(d)    The limitations imposed by this section shall apply to all other contributions. (Ord. 4190 § 2 (part), 2009)

3.12.040 Adjustment of dollar amounts in chapter—Adherence to Public Disclosure Commission established limits and schedule.

The amount of the contribution limit is adjusted to reflect periodic adjustments made by the Public Disclosure Commission for county office candidates in King County. The timing of the limitation changes shall take place as published by the Public Disclosure Commission and shall, from that time forward, form a new limit on contributions. (Ord. 4190 § 2 (part), 2009)

3.12.050 Complaint process.

(a)    Any person who has knowledge of a violation of this chapter committed by any candidate or committee may file a complaint, in writing, under oath of the same with the city clerk. “Under oath” means that the complaint includes a statement substantially as follows: “I declare under penalty of perjury of the laws of the State of Washington that the information in this complaint is true and correct,” or that the complaint is subscribed and sworn to before a notary public or other official authorized to administer oaths. The complaint must set forth specific facts detailing the alleged violation, including: the amounts of the contributions accepted or received; the name of the candidate or committee receiving the contribution(s); and the name(s) and address(es) of the contributor(s), if known or reported; and the names and telephone numbers of persons having knowledge of the alleged violation. The complaint must include the name, address, and telephone number of the person submitting the complaint.

(b)    The city clerk shall refer the complaint to the hearing examiner. The city clerk shall also send a copy of the complaint to the candidate or committee named in the complaint as the alleged violator. Within five calendar days of receiving the complaint, the hearing examiner shall make a determination that the complaint appears to have merit or is frivolous and without merit and communicate his or her decision in writing to the person who made the complaint, to the candidate or committee named in the complaint as the alleged violator, and to the city clerk.

(1)    The hearing examiner shall dismiss the complaint if the hearing examiner determines that all of the alleged facts, if true, do not constitute a violation; or

(2)    The hearing examiner determines that there are no reasonable grounds to believe that a violation has occurred; or

(3)    The hearing examiner determines that the violation was inadvertent and minor and has been largely corrected to the satisfaction of the hearing examiner.

(c)    If the hearing examiner determines the complaint appears to have merit and the complaint relates to conduct during the pending election and is received at least 30 days before the final election for the office, the hearing examiner shall provide expedited review and a public hearing on the complaint shall be set not less than fifteen days of the determination, absent a showing of good cause for a different date or a stipulation of the parties.

(1)    In other instances, the public hearing shall be set within thirty days of the determination.

(d)    At least fifteen days prior to the date set for hearing, the hearing examiner will notify, in writing, the person who made the complaint and candidate and/or committee complained against of the public hearing which will be held to determine if a violation has occurred. The candidate and/or committee complained against shall have the right to file a written answer to the complaint and to appear at the hearing with or without legal counsel, submit testimony, be fully heard and to examine and cross-examine witnesses.

(e)    Hearings conducted by the hearing examiner shall be informal, meaning that the hearing examiner shall not be bound by the strict rules of evidence prevailing in courts of law or equity. The hearing examiner may call witnesses on his or her own motion and compel the production of books, records, papers, or other evidence needed by the parties. To that end, the hearing examiner shall issue subpoenas and subpoenas duces tecum on his or her own. All testimony shall be under oath administered by the hearing examiner. The hearing examiner may adjourn the hearing from time to time in order to allow for the orderly presentation of evidence. The hearing examiner shall prepare an official record of the hearing including all testimony, which shall be recorded by mechanical or electronic device, and exhibits; provided, that the hearing examiner shall not be required to transcribe such records unless presented with a request accompanied by payment of the cost of transcription.

(f)    Not more than ten calendar days after the conclusion of the hearing, the hearing examiner shall, based upon a preponderance of the evidence, make and fully record in his or her permanent records findings of fact, conclusions of law, determination of a recommended disposition, and order shall be forwarded by certified mail, or personal service, to the person who made the initial report, the candidate and/or committee complained against at the addresses as given by these persons to the hearing examiner, and the city clerk. (Ord. 4190 § 2 (part), 2009)

3.12.060 Appeal from the imposition of a penalty.

Any candidate and/or committee found, by final written order of the hearing examiner, to be in violation of this chapter may seek review of the hearing examiner’s order and any other decision based upon that order in the following manner:

(1)    Civil Penalty Ordered at Least Fifteen Days Before the Final Election for Office. If the hearing examiner orders a candidate and/or a committee to pay a civil penalty at least fifteen days before the final election for office, the candidate and/or committee may seek a writ of review from the superior court pursuant to Chapter 7.16 RCW, within fourteen days of the date of the hearing examiner’s order.

(2)    Civil Penalty Ordered in Other Instances. If the hearing examiner orders a candidate and/or a committee to pay a civil penalty in any other instances, the candidate and/or committee may seek a writ of review from the superior court pursuant to Chapter 7.16 RCW, within thirty days of the hearing examiner’s order. (Ord. 4190 § 2 (part), 2009)

3.12.070 Hearing examiner dismissal.

If the hearing examiner dismisses the complaint, the person who filed the complaint may seek a writ of review from the superior court pursuant to Chapter 7.16 RCW, within fourteen days of the date of the hearing examiner’s dismissal. (Ord. 4190 § 2 (part), 2009)

3.12.080 Penalties.

The violation or failure to comply with the provisions of this chapter shall constitute a civil violation for which a monetary fine of up to three times the amount of the illegal contribution in violation of KMC 3.12.030(a) may be imposed on the candidate and/or committee that accepted the contribution. (Ord. 4190 § 2 (part), 2009)

Chapter 3.16
CITY MANAGER—ADMINISTRATIVE DEPARTMENTS

Sections:

3.16.010    Departmental organization.

3.16.020    Police department and issuance of limited commissions.

3.16.030    Department of administrative services.

3.16.035    Department of finance.

3.16.037    Other departments.

3.16.040    Provision for legal and engineering counsel.

3.16.050    Provision for professional services.

3.16.060    Department heads designated by director.

3.16.065    Authority to sign agreements.

3.16.070    Service of process.

3.16.075    Fees for city employee testimony as expert witness.

3.16.080    City Hall hours.

3.16.010 Departmental organization.

The city manager is authorized to organize the following functions of the city into such administrative departments as he shall from time to time determine will best serve the interests of the citizens and residents of the city and the effective and efficient operation of the municipal corporation of the city: General administration, accounting, building, engineering, fire control and prevention, parks and recreation, personnel, planning and zoning, streets, sewer, violations bureau, water, sanitation, public services, cemetery, and library. Such departmental organization or changes thereto shall be submitted to the city council for its concurrence, which concurrence may be given by ordinance, resolution or motion duly adopted and entered in the city council minutes. (Ord. 2148 § 1, 1971)

3.16.020 Police department and issuance of limited commissions.

(a)    In addition to the foregoing, there shall be a police department which 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.

(b)    The director of the police department 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 director 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 director of the police department. (Ord. 4195 § 1, 2009: Ord. 2148 § 2, 1971)

3.16.030 Department of administrative services.

There shall also be a department of administrative services. The director of the department of administrative services may, with the concurrence of the city manager, establish within the department functional divisions such as personnel and administration, and recording and records. The recording and records supervisor or manager may be designated “city clerk.” (Ord. 3573 § 3, 1997: Ord. 2148 § 3, 1971)

3.16.035 Department of finance.

There shall also be a department of finance. The director of the department of finance may, with the concurrence of the city manager, establish within the department functional divisions such as budget and finance (including warrant operations) and purchasing. The budget and finance supervisor or manager may be designated “city treasurer.” (Ord. 3573 § 4, 1997)

3.16.037 Other departments.

In addition to the foregoing, there shall be the following departments: parks and community services, planning and community development, fire and building, public works, city attorney’s office, information technology and human resources. The director of each of these departments may, with the concurrence of the city manager, establish within the department functional divisions. (Ord. 3961 § 1, 2004: Ord. 3753 § 1, 2000)

3.16.040 Provision for legal and engineering counsel.

The city manager, who may seek such recommendation of the council as he deems appropriate and necessary, shall be empowered to make provision for the obtaining of legal counsel and professional engineering counsel. Such provision may be by appointment on a full- or part-time basis, or by any reasonable contractual arrangement for such professional services. (Ord. 2148 § 4, 1971)

3.16.050 Provision for professional services.

The city manager in the manner set forth in Section 3.16.040 shall also be empowered to make provision by any reasonable contractual arrangement for such other professional services as casualty and liability insurance for the city, actuarial, appraisement of properties, and similar professional services as may from time to time be required. (Ord. 2148 § 5, 1971)

3.16.060 Department heads designated by director.

With the exception of those department heads, subject to the provisions of any applicable law, rule or regulation relating to civil service, the person, officer or employee designated by the city manager to be accountable or responsible to him for the departmental function and operation shall be designated the director thereof. (Ord. 2148 § 6, 1971)

3.16.065 Authority to sign agreements.

(a)    Interlocal Agreements. The city manager or the director of finance is authorized to execute on behalf of the city an agreement that is made pursuant to the Interlocal Cooperation Act (see Chapter 39.34 RCW). A department director may, on behalf of the city as the delegate of the city manager, enter into an interlocal agreement so long as such agreement either imposes no financial obligation on the city or the contract is for less than fifty thousand dollars. The person who signs an interlocal agreement shall ensure that it is delivered to the city clerk’s office in order that the interlocal agreement will be filed with the county auditor or posted on the city’s website as required by RCW 39.34.040.

(b)    Professional Services Agreements. The city manager or designee shall promulgate procedures and standards for the approval of agreements for professional services. A department director may enter into a professional services agreement so long as such agreement does not impose a financial obligation on the city in excess of the amount set forth in Section 3.85.080 of this code.

(c)    Other Agreements. The city manager may promulgate administrative procedures for the approval authority for all other contracts for less than fifty thousand dollars.

(d)    The authority delegated by this section is supplemental to the authority provided under Chapter 3.85 of this code. In case of specific conflict, the provisions of Chapter 3.85 will prevail. (Ord. 4165 § 1, 2008: Ord. 4111 § 1, 2007: Ord. 3902 § 1, 2003)

3.16.070 Service of process.

Pursuant to RCW 4.28.080(2), the mayor and city manager designate the city clerk as their agent to accept service of summons and other original process during normal city business hours (eight a.m. to five p.m.). Whenever the city clerk cannot be so served, the mayor and city manager designate the following persons, in descending order of preference, to be served during normal business hours: The deputy city clerk, the director of administrative services, or the secretary for the city manager. In the event that none of these persons can be so served, then service may be to the city manager. If the city manager cannot be served, then service may be to the mayor. (Ord. 3643 § 1, 1998: Ord. 3507 § 1, 1995: Ord. 3250 § 1, 1991: Ord. 3042 § 1, 1987)

3.16.075 Fees for city employee testimony as expert witness.

No city employee shall be compelled to testify at a deposition or trial in a civil action to which the city or the employee are not a party except as provided for in this section. The city employee may testify if the employee was a witness to the facts or occurrences giving rise to the lawsuit. If the city employee is not a witness to the facts or occurrences giving rise to the lawsuit, then the party seeking to compel the city employee’s testimony shall pay a fee for the time spent by the city employee preparing for, traveling to, attending and testifying at the deposition or trial. The amount of the fee shall be based on the hourly rate of the city employee’s wage, plus all city costs and overhead associated with employing the city employee; provided, that the amount of the fee shall be a minimum of two hundred dollars, which shall be paid to the city prior to any testimony on the part of the city employee. The city shall be reimbursed for any and all mileage for travel by the city employee at the rate of thirty-five cents per mile. The city shall also be reimbursed for any reasonable expenses incurred as a result of the city employee’s preparation or testimony. (Ord. 3892 § 1, 2003)

3.16.080 City Hall hours.

City Hall shall be kept open for the transaction of business from eight a.m. until five p.m., Monday through Friday, except on days legally designated as holidays or as times of emergency. (Ord. 3360 § 1, 1993)

Chapter 3.20
EMERGENCY MANAGEMENT*

Sections:

3.20.010    Definitions.

3.20.020    Purpose.

3.20.030    Division created.

3.20.040    Director.

3.20.050    Emergency management plan.

3.20.060    ECC.

3.20.070    Emergency powers.

3.20.080    Emergency management task force.

3.20.090    Ratification of actions.

3.20.110    Compensation board.

3.20.120    Search and rescue.

*    For the statutory provision authorizing noncharter code cities to enact such ordinances as necessary to preserve the peace not in conflict with the constitution or specifically denied by the general laws, see RCW 35A.11.020.

3.20.010 Definitions.

For the purposes of this chapter the following terms shall have their ordinary meaning and, in addition:

(a)    “Emergency or disaster” means an event or set of circumstances which:

(1)    Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or

(2)    Reaches such a dimension or degree of destructiveness as to warrant the declaration of a state of emergency.

(b)    “Emergency management” means the preparation for and the carrying out of all emergency functions to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural or man-made, and to provide support for search and rescue operations for persons and property in distress. (Ord. 3476 § 2 (part), 1995)

3.20.020 Purpose.

Because of the possibility of the occurrence of emergencies or disasters of unprecedented size and destructiveness, and in order to ensure that preparations of the city will be adequate to deal with such disasters, and generally to protect the public peace, health, and safety, and to preserve the lives and property of the people of the city, it is the purpose of this chapter to provide for emergency management in the city of Kirkland and to create an emergency management plan to provide for coordination of the city of Kirkland’s emergency management with other government programs. (Ord. 3476 § 2 (part), 1995)

3.20.030 Division created.

There is hereby created, within the department of fire and building services, a division of emergency management to perform emergency management functions. The division of emergency management is the city of Kirkland’s local organization for emergency management for the purposes of RCW 38.52.070. For purposes of state regulation WAC 118-06-050(1)(b)(i), it is hereby specified that the division of emergency management represents only the city of Kirkland. (Ord. 3476 § 2 (part), 1995)

3.20.040 Director.

The division of emergency management shall be headed by the director of emergency services. The city manager shall appoint the director of fire and building services as the director of emergency services. The director of emergency services shall be directly responsible to the city manager for the organization, administration, and operation of the emergency management division. (Ord. 3476 § 2 (part), 1995)

3.20.050 Emergency management plan.

The director of emergency services shall create and maintain an emergency management plan which will also serve as the city of Kirkland’s comprehensive emergency operations plan as described in Chapter 118-07 WAC. The city manager shall insure that the city of Kirkland executes its emergency management plan in the event of disaster and operates in accordance with said plan. (Ord. 3476 § 2 (part), 1995)

3.20.060 ECC.

The emergency management plan shall provide for activation of the emergency coordination center (ECC) or a crisis action team (CAT). Operation of the ECC shall be under the direction of the incident commander (IC). The emergency management plan shall provide for the designation of the IC, who will normally be the fire chief, the police chief, or the director of public works. (Ord. 3476 § 2 (part), 1995)

3.20.070 Emergency powers.

In the event of an emergency or disaster coming within the scope of this chapter, the city of Kirkland shall have the broadest authority and greatest discretion consistent with the laws of the city of Kirkland and of the state of Washington with respect to emergency response and operation. These powers include, but are not limited to, those provided for in RCW 38.52.070. (Ord. 3476 § 2 (part), 1995)

3.20.080 Emergency management task force.

There is hereby a established an emergency management task force (EMTF) which shall be composed of: members of the city council, the city manager or designee; members of the CAT; the city attorney or designee; and the public information officer. The emergency management plan shall provide for meetings of the EMTF as a work group, meaning those members of the EMTF available to meet, as needed, shall for such meeting, be the EMTF work group. The city manager or designee shall chair the EMTF work group. The EMTF shall have as one of its functions, liaison to members of the city council who were not present at a work group meeting. Work group meetings may be called to address questions or implications of public health, safety and welfare relative to a disaster situation, particularly disaster recovery. (Ord. 3476 § 2 (part), 1995)

3.20.090 Ratification of actions.

The incident commander shall have the authority to act on behalf of the city council, the mayor, and/or the city manager, subject to ratification as soon as is practicable. The city manager shall have the authority to take action on behalf of the city council and/or the mayor pursuant to the emergency management plan, subject to ratification by the EMTF work group, the city council and/or the mayor. (Ord. 3476 § 2 (part), 1995)

3.20.110 Compensation board.

There is hereby established a compensation board for the processing of claims arising from emergency management related activities. This board shall function as provided for in the emergency management plan and be guided by applicable state law such as RCW 38.52.210(2) through 38.52.260. The emergency management claims compensation board shall be composed of: one councilmember selected by the council; the city manager; the director of emergency services; and the city attorney. The councilmember shall serve as the chair of the compensation board and the director of emergency services shall serve as secretary of the board. (Ord. 3476 § 2 (part), 1995)

3.20.120 Search and rescue.

The chief of police shall be responsible for search and rescue activities in the city and may restrict access to a mission area. Such operations shall be in accordance with city procedures which shall be guided by applicable state law, such as RCW 38.52.400. (Ord. 3476 § 2 (part), 1995)

Chapter 3.24
JOINT FIRE SERVICE WITH KING COUNTY*

Sections:

3.24.010    Contract authorized.

3.24.020    Copies of contract filed.

*    For the statutory provisions authorizing local governmental units to cooperate with other localities to

provide services, see RCW 39.34.

3.24.010 Contract authorized.

The mayor of the city, is hereby authorized and directed to sign on behalf of the city, the contract for fire protection service with King County Fire Protection District No. 41. The contract is by this reference incorporated herein and the contents of the contract are approved. (Ord. 2078 § 1, 1969)

3.24.020 Copies of contract filed.

The clerk is directed to file signed copies of the contract herein approved with the following public officials or agencies:

(1)    Office of secretary for King County Fire Protection District No. 41;

(2)    Office of city clerk for the city of Kirkland;

(3)    The King County auditor; and

(4)    The Secretary of State for the state of Washington. (Ord. 2078 § 2, 1969)

Chapter 3.28
KIRKLAND LIBRARY BOARD*

Sections:

3.28.010    Purpose.

3.28.020    Kirkland library board.

3.28.030    Support activities –Expenditures.

3.28.040    Terms of board members.

*    For the statutory provisions authorizing third class cities to establish and maintain libraries, see RCW 35.24.290(15); for the provisions regarding the administration of the public library, see RCW 27.12.

3.28.010 Purpose.

The library board shall serve as an advisory body to the Kirkland city council, the Kirkland city manager, and shall also serve as liaison to the King County rural library district so that the residents of Kirkland can contribute input to the King County rural library district and its designated librarian regarding library service issues and community interests. (Ord. 3333 § 1(part), 1992)

3.28.020 Kirkland library board.

The Kirkland library board shall be composed of five members who shall be residents of the city appointed by the city council for terms of four years and shall otherwise serve at the pleasure of the city council. (Ord. 3333 § 1(part), 1992)

3.28.030 Support activities –Expenditures.

The Kirkland library board may participate in and support activities which promote the King County rural library system and its Kirkland resource library and the use of the library district’s facilities by the residents of the city as well as programs to solicit contributions to the King County rural library district fund. All expenditures for or on behalf of the Kirkland library board to be paid by the city shall be included within the city annual budget for appropriation. Prior to payment of any such expenditures, the invoice therefor shall be submitted to and approved by the finance director for the city. (Ord. 3333 § 1(part), 1992)

3.28.040 Terms of board members.

The members of the Kirkland library board so serving immediately prior to the effective date of the ordinance codified in this chapter shall continue to so serve until the expiration of their existing respective terms. (Ord. 3333 § 1(part), 1992)

Chapter 3.30
DESIGN REVIEW BOARD

Sections:

3.30.010    Membership—Appointment—Compensation—Removal.

3.30.020    Qualifications.

3.30.030    Powers and duties.

3.30.040    Design guidelines adopted by reference.

3.30.050    Conflict of interest.

3.30.010 Membership—Appointment—Compensation—Removal.

The design review board shall be composed of seven appointed members. In addition, the director of planning and community development shall sit on the design review board (“DRB”) as a nonvoting member for purposes of advising the board on regulatory and urban design issues. Members shall be appointed by a majority vote of the city council, without regard to political affiliation. The members of the DRB shall serve without compensation. Each member shall be appointed to a four-year term; provided, that as to the two positions added in 2003, one new member’s initial term shall expire March 31, 2005, and the other new member’s initial term shall expire March 31, 2007. Any vacancy shall be filled for the remainder of the unexpired term of the vacant position. When a member misses three or more consecutive meetings not excused by a majority vote of the DRB, the DRB will consider recommending removal of that member. The board shall recommend removal if the absences have negatively affected the board’s abilities to perform its duties. The recommendation will be forwarded to city council. Members finding themselves unable to attend regular meetings are expected to tender their resignations. A member may be removed by a majority vote of the city council. (Ord. 3901 § 1, 2003: Ord. 3683A § 1 (part), 1999)

3.30.020 Qualifications.

Members of the design review board shall include design professionals and building/construction experts, and residents of Kirkland capable of reading and understanding architectural plans and knowledgeable in matters of building and design. The board shall at all times have a majority composition of professionals from architecture, landscape architecture, urban design/planning, or similar disciplines. In selecting members, professionals who are residents and/or whose place of business is within Kirkland will be preferred. (Ord. 3683A § 1 (part), 1999)

3.30.030 Powers and duties.

The design review board shall have the responsibilities designated in the Zoning Code. In addition, the design review board shall perform such advisory functions related to design issues as designated by the city council. (Ord. 3683A § 1 (part), 1999)

3.30.040 Design guidelines adopted by reference.

The design review board in combination with the authority set forth in Chapter 142 of the Zoning Code shall use the following design guidelines documents to review development permits:

(1)    The document entitled “Design Guidelines for Pedestrian Oriented Business Districts” bearing the signature of the mayor and the director of the department of planning and community development dated August 3, 2004, is adopted by reference as though fully set forth herein. The city council shall consult with the planning commission prior to amending this document.

(2)    The document entitled “Design Guidelines for the Rose Hill Business District” bearing the signature of the mayor and the director of the department of planning and community development dated January 3, 2006, is adopted by reference as though fully set forth herein. The city council shall consult with the planning commission prior to amending this document.

(3)    The document entitled “Design Guidelines for the Totem Lake Neighborhood” bearing the signature of the mayor and the director of the department of planning and community development dated June 6, 2006, is adopted by reference as though fully set forth herein. The city council shall consult with the planning commission prior to amending this document.

(4)    The document entitled “Kirkland Parkplace Mixed Use Development Master Plan and Design Guidelines” bearing the signature of the mayor and the director of the department of planning and community development, dated December 16, 2008, is adopted by reference as though fully set forth herein. The city council shall consult with the planning commission prior to amending this document.

(5)    Text Amended. The following specific portions of the text of the design guidelines are amended as set forth in Attachment A attached to Ordinance 4106 and incorporated by reference. (Ord. 4172 § 1, 2008: Ord. 4106 § 1, 2007; Ord. 4052 § 1, 2006: Ord. 4038 § 1, 2006: Ord. 4031 § 1, 2006)

3.30.050 Conflict of interest.

If a member of the design review board is an applicant or a paid or unpaid advocate, agent, or representative for an applicant on a design review application, the member shall not participate in a decision on that design review application. (Ord. 3683A § 1 (part), 1999)

Chapter 3.32
PLANNING COMMISSION

Sections:

3.32.010    Planning agency identified.

3.32.015    Membership—Appointment—Compensation—Removal.

3.32.020    Powers and duties.

3.32.030    Communication with community council.

3.32.010 Planning agency identified.

The planning agency (Chapter 35A.63 RCW) for the city shall be composed of the following:

(1)    Planning, administration and enforcement are functions of the department of planning and community development, including those persons within said department identified and defined in Ordinance 2740 (the Kirkland zoning code) as the planning director, the planning official, and the environmental coordinator, and shall have general administrative responsibility for planning, administration, and enforcement;

(2)    The Kirkland hearing examiner, whose jurisdiction and authority are established in Chapter 3.34 of the Kirkland Municipal Code;

(3)    The Kirkland planning commission, whose membership, powers and duties shall be as set forth in Sections 3.32.015 and 3.32.020. (Ord. 3065 § 1, 1987)

3.32.015 Membership—Appointment—Compensation—Removal.

The planning commission of the city shall be composed of seven members, appointed by majority vote of the city council, without regard to political affiliation from among the residents of the city. The members of the planning commission shall serve without compensation. A commissioner shall be appointed to a four-year term. A commissioner will be expected to attend no less than eighty percent of all meetings in any twelve-month period for which there is no prearranged absence. City council may waive the eighty percent attendance requirement; however, no less than sixty percent of all meetings shall be attended. A commissioner may be removed by majority vote of the city council. Vacancies shall be filled for the remainder of the unexpired terms. (Ord. 3511 § 5, 1995: Ord. 3178 § 1, 1989: Ord. 3065 § 2, 1987)

3.32.020 Powers and duties.

The planning commission shall be the principal planning advisory board for all matters relating to land use, comprehensive planning and zoning. Unless the city council assigns otherwise, all public hearings required by Chapter 35A.63 RCW to be held in the course of the adoption or amendment of the text of the zoning code, adoption or amendment of the zoning map, or adoption or amendment of regulations for the subdivision of land, shall be held by the planning commission.

The planning commission shall perform such other advisory functions (including hearings on certain land use permit applications) as shall be assigned to it by the provisions of Ordinance 2740 (the zoning code) or as may be from time to time directed by resolution or motion of the city council. (Ord. 3613 § 1, 1997: Ord. 3065 § 3, 1987)

3.32.030 Communication with community council.

The community council and the planning commission being advisory bodies to the city council, cooperative consultation and communication between those bodies is recommended. (Ord. 2002 § 3, 1968)

Chapter 3.34
HEARING EXAMINER

Sections:

3.34.010    Creation and purpose.

3.34.020    Hearing examiner independence.

3.34.030    Hearing examiner authority.

3.34.040    Conflict of interest.

3.34.050    Rules of procedure.

3.34.010 Creation and purpose.

The city council creates the position of hearing examiner. The city manager shall employ or contract with one or more persons to fill this position. The hearing examiner shall be compensated consistent with the general personnel and/or procurement laws of the city. The purpose of establishing a hearing examiner is to separate the application of city regulations from planning, policy making and legislative functions; to provide a high level of expertise in the conduct of administrative and quasi-judicial hearings arising from the application of this code, the Kirkland Zoning Code and the rules and procedures developed under this code and the Kirkland Zoning Code; to protect and promote the interests of the community; and to ensure fairness and due process in public hearings. (Ord. 3752 § 2 (part), 2000)

3.34.020 Hearing examiner independence.

The hearing examiner shall be free of any supervision or other influence from the city manager or any other official or employee of the city with respect to any decision or recommendation made by the hearing examiner on a specific case, issue, or permit. This section shall not be construed to prohibit the city manager or any official or employee of the city from appearing before or submitting written information to the hearing examiner in the normal process of conducting public hearings for the city. (Ord. 3752 § 2 (part), 2000)

3.34.030 Hearing examiner authority.

The hearing examiner shall have the following authority and responsibilities:

(1)    The hearing examiner shall conduct public hearings and make decisions or recommendations when authorized to do so under this code, the Kirkland Zoning Code or by specific grant of authority from the city council. In doing so, the hearing examiner shall review available information, maintain an accurate record of the proceedings, determine findings of fact from the record and form conclusions in support of his or her recommendations and decisions.

(2)    The hearing examiner shall also have the power to issue summons to compel the attendance of witnesses and to preserve order. (Ord. 3752 § 2 (part), 2000)

3.34.040 Conflict of interest.

The hearing examiner shall disqualify himself or herself from involvement in actions in which he or she has an interest. If the hearing examiner disqualifies himself or herself or is otherwise unable to serve, the hearing shall be held by another city hearing examiner or a hearing examiner pro tem. (Ord. 3752 § 2 (part), 2000)

3.34.050 Rules of procedure.

The hearing examiner shall adopt rules of procedure to govern proceedings and hearings conducted by the hearing examiner. The rules may provide for, but are not limited to, the date, time, place and format of proceedings and hearings, making a record of proceedings and reports, issuing summons to compel the appearance of witnesses, the administration of oaths, the preservation of order, and the cross-examination of witnesses. (Ord. 3752 § 2 (part), 2000)

Chapter 3.36
PARK BOARD

Sections:

3.36.010    Definitions.

3.36.020    Creation—Eligibility.

3.36.030    Terms of commissioners—Vacancies.

3.36.040    Officers—Meetings—Quorum.

3.36.050    Powers and duties.

3.36.010 Definitions.

Words used in this chapter shall have the following meanings:

(1)    “Board” means board of park commissioners;

(2)    “Park” means an area of land, with or without water, developed and used for public recreational purposes, including landscaped tracts, picnic grounds, playgrounds, athletic fields, recreation centers, camps, foot, bicycle and bridle paths, motor vehicle drives, wildlife sanctuaries, museums, zoological and botanical gardens, facilities for bathing, boating, hunting, and fishing, as well as other recreational facilities for the use and benefit of the public. (Ord. 1007 § 1, 1965)

3.36.020 Creation—Eligibility.

There is hereby created an advisory board of park commissioners, consisting of seven members, appointed by majority vote of the city council, without regard to political affiliation from among the residents of the city. No commissioner shall receive any compensation for their services. (Ord. 3511 § 2, 1995: Ord. 1007 § 2, 1965)

3.36.030 Terms of commissioners—Vacancies.

A commissioner shall be appointed to a four-year term. A commissioner will be expected to attend no less than eighty percent of all meetings in any twelve-month period for which there is no prearranged absence. City council may waive the eighty percent attendance requirement; however, no less than sixty percent of all meetings shall be attended. Members of the board may be removed by majority vote of the city council. Vacancies shall be filled for the remainder of unexpired terms. (Ord. 3511 § 3, 1995: Ord. 2526 § 1, 1980: Ord. 1007 § 3, 1965)

3.36.040 Officers—Meetings—Quorum.

Immediately after their appointment, members of the board shall meet and organize by electing from the members of the board a chair, a vice-chair, and such other officers as may be necessary. The chair and vice-chair will be elected on an annual basis at the final meeting of the year and each will be elected for a one-year term. The chair may be re-elected once to serve a maximum of two years. All board members present are eligible to vote. In the event the chair is unable to complete his/her term, the vice-chair shall assume the position of chair and perform all the required duties until the expiration of the respective term and a new vice-chair shall be elected. In the event any duly elected officer is unable to complete his/her respective term, an election shall be held to fill the unexpired term. It shall be the duty of the chair to preside at all meetings of the board and in his/her absence the vice-chair to preside and of the recording secretary to keep minutes of all meetings and of all proceedings of the board. A majority of the board shall constitute a quorum for the transaction of business, and four affirmative votes shall be necessary to carry any proposition. A meeting of the board shall be held at least once a month. (Ord. 3409 § 1, 1994: Ord. 1007 § 4, 1965)

3.36.050 Powers and duties.

(a)    The board shall advise the city council, the city manager, and the park and recreation department, regarding the general supervision and control of all parks and recreational facilities and programs of the city. The board shall have the power to advise regarding conduct of any form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner, and shall advise regarding control and supervision of all parks belonging to the city, and advise regarding planning, promotion, management and acquisition, construction, development, maintenance, and operation, including restrictions on, and compensation to be paid for, concessions or privileges in parks and/or playgrounds, either within or without the city limits, of parks, squares, parkways and boulevards, play and recreation grounds, and/or other municipally owned recreational facilities, including community buildings, and improvement and ornamentation of the same; make recommendations regarding entering into written contracts with the United States, the state of Washington, any county, city or town, park district, school district, or any such public organizations for the purpose of conducting a recreational program or exercising any other power granted by this chapter.

(b)    The board shall submit to the city council through the city manager each year recommendations for the development of the park and recreation program and facilities as it may deem advisable, for the information and guidance of the city council in preparing the budget, for the operation and maintenance of the city parks, the recreational program and the necessary facilities, and the acquisition of land, structures, or facilities needed therefor. The board may recommend rules and regulations for the management, supervision and control of city parks and recreational facilities and programs. (Ord. 1007 § 5, 1965)

Chapter 3.40
PARKING ADVISORY BOARD

Sections:

3.40.010    Membership—Compensation.

3.40.020    Qualifications.

3.40.030    Terms of commissioners—Filling vacancies.

3.40.040    Officers of board—Meetings—Quorum.

3.40.050    Powers and duties of board.

3.40.060    Parking guidelines adopted by reference.

3.40.010 Membership—Compensation.

The parking advisory board shall consist of eight board members, who shall be appointed by majority vote of the city council. No board member shall receive any compensation for his or her services. (Ord. 4088 § 1, 2007: Ord. 3940 § 1 (part), 2004)

3.40.020 Qualifications.

Members of the parking advisory board shall include downtown commercial property owners, professionals in service industries, retailers, restaurateurs, residents of downtown Kirkland or an adjacent neighborhood with an interest in and knowledge of downtown parking issues, one “at-large” member who shall be a resident of Kirkland and a youth member. The preferred composition of the board will include a majority of members who are downtown professionals or commercial property owners. The qualifications of the youth member shall be as described in the applicable portions of Kirkland Municipal Code Section 3.08.110. Non-youth members that, after their appointment, fail to meet the qualifications of this section may complete their term. (Ord. 4088 § 2, 2007: Ord. 3940 § 1 (part), 2004)

3.40.030 Terms of commissioners—Filling vacancies.

Initial terms shall be: two members for terms expiring March 31, 2005, one member for term expiring March 31, 2006, two members for terms expiring March 31, 2007, and two members with terms expiring March 31, 2008. The youth member’s initial term shall expire March 31, 2006. Subsequent terms shall be for four years, except that subsequent terms for the youth member shall be two years. Vacancies shall be filled for the remainder of the unexpired term of the vacant position. A member’s term shall begin upon appointment by the city council. A commissioner will be expected to attend no less than eighty percent of all meetings for which there is no prearranged absence. In addition, when a member misses three or more consecutive meetings not excused by a majority vote of the parking advisory board, the board shall consider recommending removal of that member. The parking advisory board shall report to the city council about a member’s pattern of absence, together with the board’s recommendation concerning removal. A member may be removed by a majority of the city council. A member finding himself/herself unable to attend regular meetings is expected to tender his/her resignation. A resignation will be effective on such date as designated by the resigning board member. (Ord. 3940 § 1 (part), 2004)

3.40.040 Officers of board—Meetings—Quorum.

Immediately after their appointment, members of the board shall meet and organize by electing from the members of the board a chair and a vice-chair, and such other officers as may be necessary, and adopt rules needed for the conduct of its business. The chair and vice-chair will be elected at the final meeting of each calendar year to serve a one-year term. A member may serve as chair multiple times, but not for more than two consecutive years. It shall be the duty of the chair to preside at all meetings of the board. In the chair’s absence, the vice-chair shall preside. Five members of the board shall constitute a quorum for the transaction of business, and affirmative votes from a majority of those members present shall be necessary to carry any proposition. Typically, a meeting of the board shall be held at least once a month. (Ord. 4088 § 3, 2007: Ord. 3940 § 1 (part), 2004)

3.40.050 Powers and duties of board.

The parking advisory board shall advise the city council, city manager, and city departments regarding those parking issues referred to them. The board shall assist the parking coordinator in the implementation of the parking management plan; review parking issues over time; and advise the city council on strategy implementation based on the “Parking Guidelines for Downtown Kirkland.” The board shall submit to the city council through the city manager recommendations for other parking issues of interest to the board or associated with council-directed items as the board feels is advisable. (Ord. 3940 § 1 (part), 2004)

3.40.060 Parking guidelines adopted by reference.

The document entitled “Parking Guidelines for Downtown Kirkland” bearing the signature of the mayor dated May 4, 2004, is adopted by reference as though fully set forth herein. This document establishes the parking guidelines to be used by the parking advisory board. The city council shall consult with the parking advisory board prior to amending this document. (Ord. 3940 § 1 (part), 2004)

Chapter 3.45
TRANSPORTATION COMMISSION

Sections:

3.45.010    Membership—Compensation.

3.45.020    Terms of commissioners—Vacancies.

3.45.030    Officers of commission—Meetings—Quorum.

3.45.040    Powers and duties of commission.

3.45.010 Membership—Compensation.

The transportation commission shall consist of eight commissioners, who shall be appointed by majority vote of the city council from persons who reside or work within the city of Kirkland or its potential annexation area. At least three of the eight members should have some expertise in transportation related issues, such as a background in one of the following disciplines: engineering, transportation demand management, or land use planning. One member shall be a youth who, at time of appointment, is at least sixteen but not yet eighteen years of age. No commissioner shall receive any compensation for his or her services. (Ord. 3846 § 1 (part), 2002)

3.45.020 Terms of commissioners—Vacancies.

Initial terms shall be: two members for terms expiring March 31, 2004, two members for terms expiring March 31, 2005, two members for terms expiring March 31, 2006, and one member for a term expiring March 31, 2007. The youth member’s initial term shall expire March 31, 2005. Subsequent terms shall be for four years, except that subsequent terms for the youth member shall be two years. Vacancies shall be filled for the remainder of the unexpired term of the vacant position. A member’s term shall begin upon appointment by the city council and taking the usual oath of qualification. A commissioner will be expected to attend no less than eighty percent of all meetings for which there is no prearranged absence. In addition, when a member misses three or more consecutive meetings not excused by a majority vote of the transportation commission, the commission shall consider recommending removal of that member. The transportation commission shall report to city council about a member’s pattern of absence, together with the commission’s recommendation concerning removal. A member may be removed by a majority vote of the city council. A member finding themselves unable to attend regular meetings is expected to tender their resignation. A resignation will be effective on such date as designated by the resigning commission member. (Ord. 3846 § 1 (part), 2002)

3.45.030 Officers of commission—Meetings—Quorum.

Immediately after their appointment, members of the commission shall meet and organize by electing from the members of the commission a chair and a vice-chair, and such other officers as may be necessary, and adopt rules needed for the conduct of its business. The chair and vice-chair will be elected at the final meeting of each calendar year to serve a one-year term. A member may serve as chair multiple times, but not for more than two consecutive years. It shall be the duty of the chair to preside at all meetings of the commission. In the chair’s absence, the vice-chair shall preside. Five members of the commission shall constitute a quorum for the transaction of business, and five affirmative votes shall be necessary to carry any proposition. Typically, a meeting of the commission shall be held at least once a month. (Ord. 3846 § 1 (part), 2002)

3.45.040 Powers and duties of commission.

The commission shall advise the city council, city manager, and the public works department regarding those transportation issues referred to them by the city council. The commission shall have the power to advise regarding planning and development of those transportation issues given them by the city council. The commission shall submit to the city council through the city manager recommendations for other transportation issues of interest to the commission or associated with council-directed items as the commission feels is advisable. (Ord. 3846 § 1 (part), 2002)

Chapter 3.48
VIOLATIONS BUREAU

(Repealed by Ord. 3439)

*    See Chapter 3.49 for provisions on the municipal court and violations bureau.

Chapter 3.49
MUNICIPAL COURT

Sections:

3.49.010    Creation.

3.49.020    Jurisdiction.

3.49.030    Violations bureau.

3.49.040    Municipal judge.

3.49.080    Court operation.

3.49.100    Disposition of revenue.

3.49.110    Witness fees.

3.49.120    Fees for services.

3.49.130    Sessions.

3.49.140    Municipal court seal.

3.49.150    Case transfers.

3.49.160    Jury trial and fee.

3.49.180    Sentencing.

3.49.200    Criminal process.

3.49.210    Complaints.

3.49.220    Pleadings, practice and procedure.

3.49.300    Appointment of commissioners.

3.49.310    Commissioner qualifications.

3.49.320    Authority of court commissioner.

3.49.330    Magistrate.

3.49.340    Compensation of court commissioner.

*    For statutory provisions authorizing cities to create and operate a municipal court, see Chapter 3.50 RCW.

3.49.010 Creation.

The municipal court of Kirkland is created, which shall have jurisdiction and exercise all powers vested in the court by Chapter 3.50 RCW as it now exists or may hereafter be amended, together with such other powers and jurisdiction as are generally conferred on such courts in Washington, either by common law or express statute. The municipal court shall commence operation January 1, 1995. (Ord. 3439 § 2 (part), 1994)

3.49.020 Jurisdiction.

The Kirkland municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances, and exclusive original criminal jurisdiction of all violations of city ordinances. The court shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared by city ordinance or state statute. The court is also empowered to forfeit cash bail or bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such city ordinances, and to pronounce judgment in accordance therewith. Finally, the court shall have the jurisdiction as conferred on it by statute. Notwithstanding the foregoing, the district court for King County, Northeast Division, shall continue to have jurisdiction over a matter filed with such court by the city of Kirkland and which matter is not transferred by order of the Kirkland municipal court. (Ord. 3439 § 2 (part), 1994)

3.49.030 Violations bureau.

A. Creation. The Kirkland violations bureau is created to operate under the supervision of the municipal court to assist the court in processing traffic cases. The violations bureau created by this section shall commence operation January 1, 1995, and, shall take over processing of all matters which were being processed as of December 31, 1994 by the violations bureau which operated under KMC Chapter 3.48. Day to day operations of the violations bureau shall be supervised by the court administrator.

B. Processing. The violations bureau is authorized to perform all of the functions which a city may authorize a violations bureau to perform under Chapter 3.50 RCW. The violations bureau shall operate in conformity with state statutes such as Chapter 46.63 RCW and RCW 3.50.030. All penalties and forfeitures paid to the violations bureau shall be handled in the same manner as municipal court revenue. (Ord. 3439 § 2 (part), 1994)

3.49.040 Municipal judge.

(a)    Appointment. Within thirty days after the effective date of this ordinance, the city manager shall appoint a municipal judge. Pursuant to RCW 35A.13.080, this appointment is subject to confirmation by the city council.

(b)    Term. The Municipal Court judge shall serve a term of four years. The initial appointment of a judge under this chapter shall expire December 31, 1997. Until January 1, 1995, municipal judge shall be an administrative position only. On or before December 1, 1997, the city manager shall make an appointment of a judge for a term commencing January 1, 1998 and expiring December 31, 2001. Appointments for each term thereafter shall be made on or before December 1 of the year next preceding the year in which the judicial term commences. At the time of the appointment, the person appointed shall be qualified for the position of municipal judge under city rules and state statues, such as RCW 3.50.040.

(c)    Additional Judges. Additional full or part-time municipal judge positions may be filled as provided in paragraphs (a) and (b) of this section, when the public interest and the administration of justice makes such additional judge or judges necessary, and so long as that procedure is in compliance with state statues, such as RCW 3.50.055.

(d)    Judges Pro Tem. The presiding municipal court judge may designate one or more persons as judges pro tem to serve in the absence, disability or disqualification of a municipal court judge, or, in addition to a municipal court judge when the administration of justice and the accomplishment of the work of the court make it necessary. A judge pro tem shall be qualified to hold the position of judge of the municipal court as described in this section, except that a judge pro tem need not be a resident of King County. A judge pro tem shall have all the powers of a municipal court judge when serving as a pro tem judge. Before entering on his or her duties, each judge pro tem shall take, subscribe, and file an oath as is taken by a municipal court judge. The judges pro tem shall receive such compensation from the city as shall be fixed by the ordinances of the city. When deemed necessary by the city manager or designee, the city manager or designee may make a temporary appointment of a judge pro tem, to preserve an individual’s rights according to law, or to respond to emergency circumstances, effective for up to one week. Such temporary appointee shall have the same powers as other judges pro tem. The temporary appointment and the term thereof do not need to be in writing and the oath of office of the temporary appointee may be orally sworn to or affirmed before the court administrator or court clerk.

(e)    Vacancy. Any vacancy in the municipal court due to death, disability or resignation of a judge shall be filled by the city manager, for the remainder of the unexpired term. The appointment shall be subject to the confirmation of the city council. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this section.

(f)    Removal. A municipal court judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office; provided, that a municipal court judge is also subject to disciplinary actions by the Commission on Judicial Conduct and the supreme court, as described in Chapter 2.64 RCW.

(g)    Oath. Every judge of the municipal court, before entering upon the duties of the office, shall take and subscribe the following oath or affirmation:

“I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the municipal court of the City of Kirkland, according to the best of my ability.”

The oath shall be filed in the office of the King County recorder and with the Kirkland city clerk.

(h)    Bonds. Every municipal court judge shall give such bonds to the state and city for the faithful performance of the judge’s duties as may be required by law or city ordinance.

(i)    Compensation. Pursuant to RCW 3.50.080, the compensation for municipal court judges shall be set by the city council by ordinance. The city shall enter into a contract with the appointed judge for professional services.

(j)    Duties and Authority. The municipal court judge shall have the duties and authority outlined in ARLJ5 of the Administrative Rules for Courts of Limited Jurisdiction of Washington State. (Ord. 3769 § 1, 2000; Ord. 3750 § 1, 2000; Ord. 3439 § 2 (part), 1994)

3.49.080 Court operation.

As part of the annual preliminary budget presentation, the department of finance will assist the municipal court judge in the creation of a budget for the court and the city manager will make a recommendation to the city council. The annual budget for the municipal court shall be as approved by the city council. All employees of the municipal court shall, for all purposes, be deemed employees of the city. They shall be subject to applicable provisions of city personnel rules, collective bargaining agreements, and state laws, such as RCW 3.50.080. (Ord. 3769 § 2, 2000: Ord. 3573 § 5, 1997: Ord. 3439 § 2 (part), 1994)

3.49.100 Disposition of revenue.

Costs in civil and criminal actions may be imposed as provided in district court. All fees, costs, fines, forfeitures and other money imposed by the municipal court for the violation of any city ordinances shall be collected by the court clerk, and, together with any revenues received by the clerk, shall be deposited with the city treasurer, as provided by city procedures or state law. These funds shall be retained or disbursed pursuant to city ordinances or policies and state law, such as RCW 3.50.100. (Ord. 3439 § 2 (part), 1994)

3.49.110 Witness fees.

Each witness subpoenaed for city cases who appears as directed shall receive a witness fee of $10.00 plus mileage for each day’s attendance at the Kirkland municipal court. These fees may be included in the costs that are imposed by the court upon a defendant. (Ord. 3439 § 2 (part), 1994)

3.49.120 Fees for services.

(a)    The clerk shall collect the following fees for court services:

(1)    The filing fee for any case or matter to be filed or commenced (other than by the city of Kirkland) is $20.00.

(2)    The fee for preparing a transcript of a judgment is $6.00.

(3)    The fee for certifying any document on file or of record is $5.00.

(4)    The fee for preparing the record of a case for appeal to superior court is $40.00 including any costs of tape duplication as governed by the rules of appeal for courts of limited jurisdiction (RALJ).

(5)    The fee for duplication of part or all of the electronic tape or tapes of a proceeding is $10.00 per tape.

(b)    The fees or charges imposed under this section may be included in the costs that are imposed by the court upon a defendant or other person. (Ord. 3439 § 2 (part), 1994)

3.49.130 Sessions.

The municipal court shall be open for regular session on Monday and Tuesday of each week. The time for operation of court on those days shall be established by the judge. The municipal judge shall have the authority to establish additional court dates, by order of the municipal court, to provide effective and efficient administration of justice. However, court shall not be open on nonjudicial days, as established by state law. This section shall not act as a limitation of actions of the municipal judge regarding items such as telephonic approval of search warrants, issuance of no contact orders, or determinations as to probable cause. (Ord. 3439 § 2 (part), 1994)

3.49.140 Municipal court seal.

The municipal court shall have a seal which shall be the vignette of George Washington, with the words “Seal of The Municipal Court of Kirkland, State of Washington” surrounding the vignette. (Ord. 3439 § 2 (part), 1994)

3.49.150 Case transfers.

A transfer of a case from the municipal court to either another municipal judge of the city of Kirkland or to a judge pro tempore appointed in the manner prescribed by this chapter shall be allowed as provided in RCW 3.50.125. (Ord. 3439 § 2 (part), 1994)

3.49.160 Jury trial and fee.

Jury trials shall be allowed as specifically provided for municipal courts or in accordance with state law applicable to a particular matter. In accordance with RCW 3.50.125, each juror shall receive $10.00 plus mileage for each day in attendance upon the Kirkland municipal court. These fees may be included in the costs that are imposed by the court upon a defendant. (Ord. 3439 § 2 (part), 1994)

3.49.180 Sentencing.

The municipal judge shall have the broadest authority and greatest discretion consistent with the Kirkland Municipal Code and state law with respect to sentencing and probation. In matters of execution of sentence, deferral of sentence, continuing jurisdiction after sentencing, and termination of probation, the municipal judge shall be guided by applicable state law, such as RCW 3.50.300 through 3.50.340, and 3.50.440. (Ord. 3439 § 2 (part), 1994)

3.49.200 Criminal process.

All criminal process issued by the municipal court shall be in the name of the state of Washington and run throughout the state, and be directed to and served by the chief of police, marshal, or other police officer of any city or to any sheriff in the state. (Ord. 3439 § 2 (part), 1994)

3.49.210 Complaints.

All criminal prosecutions for the violation of a city ordinance shall be conducted in the name of the city and may be upon the complaint of any person, subject to the procedures set forth in all applicable ordinances or statutes. (Ord. 3439 § 2 (part), 1994)

3.49.220 Pleadings, practice and procedure.

Pleadings, practice and procedure in cases not governed by statutes or rules specifically applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or hereafter adopted governing pleadings, practice and procedure applicable to district courts, particularly the Washington Rules of Court Criminal Rules for Courts of Limited Jurisdiction, Infraction Rules for Courts of Limited Jurisdiction, and Local Rules of the District Court for King County. (Ord. 3439 § 2 (part), 1994)

3.49.300 Appointment of commissioners.

The provisions of this chapter shall define the position of court commissioner for the Kirkland municipal court pursuant to the provisions of Chapter 3.50 RCW. The Kirkland municipal judge may appoint up to five part-time municipal court commissioners. Each commissioner shall hold office at the pleasure of the municipal judge. (Ord. 3611 § 1 (part), 1997)

3.49.310 Commissioner qualifications.

A commissioner authorized to hear or dispose of a case must be a lawyer, who is admitted to practice in the state of Washington, or a nonlawyer who has passed the qualifying examination for lay judges for courts of limited jurisdiction under RCW 3.34.060. A commissioner need not be a resident of Kirkland or of King County. (Ord. 3611 § 1 (part), 1997)

3.49.320 Authority of court commissioner.

The municipal judge shall, by order filed with the municipal court administrator and the city clerk, designate the authority of a commissioner to hear, decide, or dispose of cases within the jurisdiction of the municipal court. Such authorization may be limited to specific types of cases and calendars. A court commissioner may not preside over jury trials or bench trials in criminal cases. (Ord. 3611 § 1 (part), 1997)

3.49.330 Magistrate.

A commissioner whose authority is limited to hearing and disposing of infractions, noncontested or arraignment calendar matters, or the issuance of warrants may, but need not be, referred to as “magistrate”. (Ord. 3611 § 1 (part), 1997)

3.49.340 Compensation of court commissioner.

The compensation for a municipal court commissioner shall not exceed a rate of fifty dollars per hour. (Ord. 3731 § 1, 1999: Ord. 3611 § 1 (part), 1997)

Chapter 3.54
CIVIL SERVICE COMMISSION

Sections:

3.54.010    Created –Appointment, terms, removal and quorum.

3.54.020    Organization of commission –Secretary –Powers and duties.

3.54.022    Optional alternative –Division of secretary/chief examiner’s powers and duties.

3.54.030    Persons included –Competitive examinations –Transfers, discharges and reinstatements.

3.54.040    Existing positions blanketed under civil service.

3.54.050    Qualifications of applicants.

3.54.060    Tenure of employment –Grounds for discharge, reduction or deprivation of privileges.

3.54.070    Procedure for removal, suspension, demotion or discharge –Investigation –Hearing –Appeal.

3.54.080    Filling of vacancies –Probationary period.

3.54.090    Power to create offices, make appointments and fix salaries not infringed.

3.54.100    Enforcement by civil action –Legal counsel.

3.54.110    Deceptive practices, false marks prohibited.

3.54.120    Penalty –Jurisdiction.

3.54.130    Definitions.

3.54.300    Severability.

3.54.310    Applicability.

3.54.010 Created –Appointment, terms, removal and quorum.

There is created in the city a civil service commission which shall be composed of three persons. The members of such commission shall be appointed by the city manager, provided that members of the civil service commission constituted pursuant to Kirkland Municipal Code Chapters 3.52 and 3.56, which were repealed by Section 1 of the ordinance codified in this chapter shall be the initial commissioners of the newly created civil service commission and shall continue in office until the terms of their original appointment expire. The members of such commission shall serve without compensation. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of such city for at least three years immediately preceding such appointment, and an elector of the county wherein he resides. Except for the initial commission, the term of office of such commissioners shall be for six years. Any members of such commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause; provided, however, that no member of the commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had. The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. Two members of such commission shall constitute a quorum and the votes of any two members of such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this chapter. Confirmation of said appointment or appointments of commissioners by any legislative body shall be required. (Ord. 2570 § 2 (part), 1980)

3.54.020 Organization of commission –Secretary –Powers and duties.

Immediately after appointment the commission shall organize by electing one of its members chairperson and hold regular meetings at least once a month, and such additional meetings as may be required for the proper discharge of their duties.

They shall appoint a secretary and chief examiner, who shall keep the records for the commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the commission may prescribe.

The secretary and chief examiner shall be appointed as a result of competitive examination, which examination may be either original and open to all properly qualified citizens of the city, or promotional and limited to persons already in the service of the appropriate department or of the department and other departments of said city, town or municipality, as the commission may decide. The secretary and chief examiner may be subject to suspension, reduction or discharge in the same manner and subject to the same limitations as are provided in the case of members of the police department. It shall be the duty of the civil service commission:

(1)    To make suitable rules and regulations to implement this chapter which are not inconsistent with the provisions thereof. Such rules and regulations shall provide in detail the manner in which examination may be held, and appointments, promotions, transfers, reinstatements, demotions, suspensions and discharges shall be made. The rules and regulations and any amendments thereof shall be printed, mimeographed or multigraphed for free public distribution. Such rules and regulations may be changed from time to time.

(2)    All tests shall be practical and shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness and/or of manual skill.

(3)    The rules and regulations adopted by the commission shall provide for a credit of up to ten percent in favor of all applicants for appointment under civil service who: have served in any branch of the armed forces of the United States between World War I and World War II, or during any period of war, or has served in any branch of the armed forces of the United States and has received the armed forces expeditionary medal or marine corps and navy expeditionary medal for opposed action on foreign soil; and have received an honorable discharge or received a discharge for physical reasons with an honorable record. A “period of war” includes World War I, World War II, the Korean conflict, the Viet Nam era, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by presidential proclamation or concurrent resolution of the Congress. The Viet Nam era means the period beginning August 5, 1964 and ending on May 7, 1975. The credit must be claimed by a veteran within eight years of the date of his release from active service provided that the eight-year limitation shall not apply to a veteran of the Viet Nam era until December 31, 1987.

(4)    The commission shall make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions and employments affected by this chapter, and ascertain whether this chapter and all such rules and regulations are being obeyed.

Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose. Not only must these investigations be made by the commission as aforesaid, but the commission must make like investigation on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation the commission or designated commissioner, or chief examiner, shall have the power to administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents and accounts appertaining to the investigation and also to cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court; and the oaths administered by a superior court judge in his judicial capacity; and the failure upon the part of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter and punishable as such.

(5)    All hearings and investigations before the commission, or designated commissioner, or chief examiner, shall be governed by this chapter and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof neither the commission nor designated commissioner shall be bound by the technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the commission or designated commissioner, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission; provided, however, that no order, decision, rule or regulation made by any designated commissioner conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and until concurred in by at least one of the other two members.

(6)    To hear and determine appeals or complaints respecting the administrative work of the personnel department; the rejection of an examination and such other matters as may be referred to the commission pursuant to the duties outlined in subsection (1) of this section.

(7)    Establish and maintain in card or other suitable form a roster of employees covered by civil service.

(8)    Provide for, formulate and hold competitive tests to determine the relative qualifications of persons who seek employment in any class or position and as a result thereof establish eligible lists for the various classes of positions as established by the city, and to provide that employees laid off because of curtailment of expenditures, reduction in force, and for like causes, head the list in the order of their seniority, to the end that they shall be the first to be reemployed.

(9)    When a vacant position is to be filled, to certify to the appointing authority, on written request, the names of those persons in the top twenty-five percent of the eligible list, or the top three persons, whichever number is larger, for the class. If there are no such lists, the commission shall make provision in their rules for provisional or temporary appointments for such positions. Such temporary or provisional appointment shall not exceed a period of six months in duration but may be extended for up to an additional six months if for any reason it cannot be determined at the expiration of the initial appointment that the position being filled by temporary or provisional appointment will in fact be vacant, such as in the instance of a position vacant due to an officer on disability leave under the LEOFF Act, or for other good cause which in the discretion of the commission warrants an additional extension of such a provisional or temporary appointment.

(10)    Keep such records as may be necessary for the proper administration of this chapter. (Ord. 3405 § 1, 1994; Ord. 2815 § 1, 1984; Ord. 2570 § 2 (part), 1980)

3.54.022 Optional alternative—Division of secretary/chief examiner’s powers and duties.

In lieu of appointment of a secretary and chief examiner, pursuant to the provisions of Section 3.54.020, the commission may, by adoption of appropriate rule consistent with the provisions of this chapter and the basic principles of civil service, utilize the personnel skills and expertise available in the personnel office of the city, with respect to the functions of applicant recruitment, review of applications for qualification, conduct of examinations and preparation of eligibility lists for both initial employment and for promotions. If such a rule is adopted by the commission, then these functions shall not be included within the duties of the secretary/chief examiner. No member of the personnel office performing any of the above-listed functions shall participate as examiner or otherwise provide staff aid or assistance to the commission with respect to any appeal made to the commission regarding suspension, demotion or discharge, and including appeal for investigation. (Ord. 2982 § 1, 1986)

3.54.030 Persons included—Competitive examinations—Transfers, discharges and reinstatements.

The provisions of this chapter shall include all full-time, fully commissioned officers of the city’s police and/or fire departments except for the position of director of fire and emergency medical services, and the police chief and assistant police chief, who because of the nature of their positions shall serve in their positions as other city department heads and assistants. All clerical, dispatchers, fire inspectors, mechanics and other employees of either the police department or fire department who are not fully paid commissioned police officers or firefighters are excluded from coverage under this chapter. All appointments to and promotions covered by this chapter shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation. No person shall be reinstated in or transferred, suspended or discharged from any such place, position or employment contrary to the provisions of this chapter. (Ord. 3551 § 1, 1996: Ord. 2570 § 2 (part), 1980)

3.54.040 Existing positions blanketed under civil service.

For the benefit of the public service and to prevent delay, injury or interruption therein by reason of the enactment of this chapter, all persons having completed probation and in the police or fire department are declared permanently appointed under civil service to the offices, places, positions or employments which they shall then hold respectively, and not on probation; and every such person is automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds even though that office, place, position or employment is not subject to the civil service requirements of this chapter. (Ord. 2570 § 2 (part), 1980)

3.54.050 Qualifications of applicants.

An applicant for a position of any kind under civil service must be a citizen of the United States of America who can read and write the English language. An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in ordinary good health, of good moral character and of temperate and industrious habits; these facts to be ascertained in such manner as the commission may deem advisable. (Ord. 2570 § 2 (part), 1980)

3.54.060 Tenure of employment—Grounds for discharge, reduction or deprivation of privileges.

The tenure of everyone holding an office, place, position or employment under the provisions of this chapter shall be only during good behavior and any such person may be removed or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or other special privileges for any of the following reasons:

(1)    Incompetency, inefficiency or inattention to or dereliction of duty;

(2)    Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other wilful failure on the part of the employee to properly conduct himself; or any wilful violation of the provisions of this chapter or the rules and regulations to be adopted hereunder;

(3)    Mental or physical unfitness for the position which the employee holds;

(4)    Dishonest, disgraceful, immoral or prejudicial conduct;

(5)    Drunkenness or use of intoxicating liquors, narcotics or any other habit-forming drug, liquid or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the function and duties of any position under civil service;

(6)    Conviction of a felony, or a misdemeanor, involving moral turpitude;

(7)    Any other act or failure to act which in the judgment of the civil service commissioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. (Ord. 2570 § 2 (part), 1980)

3.54.070 Procedure for removal, suspension, demotion or discharge—Investigation—Hearing—Appeal.

No person in the classified civil service who shall have been permanently appointed or inducted into civil service under provisions of this chapter, shall be removed, suspended, demoted or discharged except for cause, and only upon written accusation of the appointing authority or any citizen or taxpayer; a written statement of which accusation, in general terms, shall be served upon the accused, and a duplicate filed with the commission. Any person so removed, suspended, demoted or discharged may within ten days from the time of his removal, suspension, demotion or discharge, file with the commission a written demand for an investigation whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made in good faith for cause. After such investigation the commission may affirm the removal or if it shall find that the removal, suspension or demotion was made for political or religious reasons, or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment from which such person was removed, suspended, demoted or discharged; which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion or discharge. The commission upon such investigation in lieu of affirming the removal, suspension, demotion or discharge may modify the order of removal, suspension, demotion or discharge by directing a suspension, without pay, for a given period, and subsequent restoration to duty, or demotion in classification grade, or pay; the findings of the commission shall be certified in writing to the appointing power, and shall be forthwith enforced by such officer.

All investigations made by the commission pursuant to the provisions of this section shall be had by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and presenting his/her defense. If such judgment or order is concurred in by the commission or a majority thereof, the accused may appeal therefrom to the court of original and unlimited jurisdiction in civil suits of the county wherein he resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of such judgement or order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and all papers on file in the office of the commission affecting or relating to such judgement or order, be filed by the commission with such court. The commission shall, within ten days after the filing of such notice, make, certify and file such transcript with such court. The court of original and unlimited jurisdiction in civil suits shall thereupon proceed to hear and determine such appeal in a summary manner; provided, however, that such hearing shall be con-

fined to the determination of whether the judgment or order of removal, discharge, demotion or suspension made by the commission was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such ground or grounds. (Ord. 2570 § 2 (part), 1980)

3.54.080 Filling of vacancies—Probationary period.

Whenever a position in the classified service becomes vacant, the appointing authority, if it desires to fill the vacancy, shall make requisition upon the commission for the names and addresses of the persons eligible for appointment thereto. The commission shall certify the names of those persons in the top twenty-five percent of the eligible list, or the top three persons, whichever number is larger, for the class to which the vacant position has been allocated, who are willing to accept employment. If there is no eligible list for the class, the commission shall either establish such a list as provided in this chapter or otherwise determine what list shall be deemed appropriate for such class. The commission shall then certify the names of those persons in the top twenty-five percent of the eligible list, or the top three persons, whichever number is larger. If more than one vacancy is to be filled an additional name shall be certified for each additional vacancy. The appointing authority shall, after review of the persons so certified, appoint one person to each such vacant position. If any person certified by the commission is removed from the list or otherwise requests to not be considered for appointment the commission shall forthwith certify the next highest person on the list to replace those removed. The commission, in its rules, shall establish a procedure for removal of names from the eligibility list either prior to or subsequent to certification to the appointing authority.Whenever requisition is to be made, or whenever a position is held by a temporary appointee and an eligible list for the class of such position exists, the commission shall forthwith certify the names of the persons eligible for appointment to the appointing power, and said appointing power shall appoint one person so certified, provided he/she is found to in fact be qualified, to said position.To enable the appointing authority to exercise a choice in the filling of the position, no appointment, employment or promotion in any position in the classified service shall be deemed complete until after the expiration of a period of one year probationary service, as shall be provided in the rules of the civil service commission during which the appointing power may terminate the employment of the person certified to him/her, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing authority deems him/her unfit or unsatisfactory for service in the department, whereupon the appointing authority shall designate one of the persons certified as standing in the top twenty-five percent or top three on any such list and such persons shall likewise enter upon said duties until some person is found who is deemed fit for appointment, employment or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be deemed to be complete. The commission shall provide a procedure in its rules for extending probations for up to an additional six months if requested by the appointing authority. (Ord. 3405 § 2, 1994: Ord. 2570 § 2 (part), 1980)

3.54.090 Power to create offices, make appointments and fix salaries not infringed.

All offices, places, classifications, job descriptions, positions and employments coming within the purview of this chapter shall be created by the mayor and city council or mayor or whoever otherwise is vested with power and authority to select, appoint, or employ any person coming within the purview of this chapter, and nothing herein contained shall infringe upon the power and authority of any such person or group of persons, or appointing authority, to fix the salaries and compensation of all employees employed hereunder. (Ord. 2570 § 2 (part), 1980)

3.54.100 Enforcement by civil action—Legal counsel.

It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for the proper enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by the chief legal officer of the city, or his/her designee, but said commission may in any case be represented by special counsel appointed by it. (Ord. 2570 § 2 (part), 1980)

3.54.110 Deceptive practices, false marks prohibited.

No commissioner or any other person shall, by himself or in cooperation with one or more persons, defeat, deceive, or obstruct any person in respect of his right of examination of registration according to the rules and regulations of this chapter, or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified pursuant to the provisions of this chapter, or aid in so doing, or make any false representation concerning the same, or concerning the person examined, or furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified, or persuade any other person, or permit or aid in any manner any other person to personate him, in connection with any examination or registration of application or request to be examined or registered. (Ord. 2570 § 2 (part), 1980)

3.54.120 Penalty—Jurisdiction.

Any person who shall wilfully violate any of the provisions of this chapter shall be deemed guilty of a simple crime. (Ord. 2852 § 5, 1985: Ord. 2570 § 2 (part), 1980)

3.54.130 Definitions.

As used in this chapter, the following mentioned terms shall have the following described meanings:

(1)    “Appointing authority or power” includes every person or group of persons who, acting singly or in conjunction, as the city manager, or the city manager’s designee, is, or are, invested with power and authority to select, appoint, or employ any person to hold any office, place, position or employment subject to civil service.

(2)    “Appointment” includes all means of selection, appointing or employing any person to hold any office, place, position or employment subject to civil service.

(3)    “Commission” means the civil service commission created in this chapter, and “commissioner” means any one of the three commissioners of that commission.

(4)    “Full paid fire department” or “full paid firefighter” means that the officers and firemen employed in such are paid regularly by the city and devote their whole time to firefighting and fire prevention activities and emergency medical services.

(5)    “Full paid police department” or “full paid police officer” means that the officers and policemen employed in such are paid regularly by the city and devote their whole time to police duty. (Ord. 2570 § 2 (part), 1980)

3.54.300 Severability.

If any section, subsection, subdivision, sentence, clause or phrase of this chapter shall for any reason be held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 2570 § 2 (part), 1980)

3.54.310 Applicability.

The examination and eligibility provisions of this chapter and establishment of positions covered by civil service by the provisions of this chapter shall be effective for all appointments made after the effective date of the ordinance codified in this chapter. (Ord. 2570 § 2 (part), 1980)

Chapter 3.55
GROWTH MANAGEMENT COMMISSION

(Repealed by Ord. 3510)

Chapter 3.56
DISABILITY BOARD

Sections:

3.56.010    Established—Membership.

3.56.020    Terms—Vacancies.

3.56.030    Duties and powers—Rules and regulations.

3.56.040    Compensation—Expenses.

3.56.010 Established—Membership.

Pursuant to RCW 41.26.110, the Kirkland disability board (the “board”) is established. The board shall be composed of two members of the city council, one firefighter, one law enforcement officer, and one at-large member. Said two council members will be appointed by the mayor and approved by the city council. Said firefighter and law enforcement officer are to be elected as provided under state law. Said at-large member shall be a city resident who is appointed by majority vote of the other members. (Ord. 3670 § 1, 1998: Ord. 3449 § 1, 1994: Ord. 3110 § 1 (part), 1988)

3.56.020 Terms—Vacancies.

All members of the disability board shall serve for a two-year term with the exception of the law enforcement member who, on the first term, shall serve for one year only. Vacancies shall be filled for the unexpired term of a member whose death, resignation, or removal creates a vacancy. Each member shall hold office until a successor is appointed or elected. (Ord. 3110 § 1 (part), 1988)

3.56.030 Duties and powers—Rules and regulations.

The board shall perform all functions, exercise all powers, and make all determinations as specified in RCW Chapter 41.26 for disability boards. The board may adopt reasonable rules and regulations to carry out its authority and to govern the manner and form of filing, presentations, and hearings before the board. (Ord. 3110 § 1 (part), 1988)

3.56.040 Compensation—Expenses.

The members of the disability board shall receive no compensation for their service upon the board, but shall be reimbursed for all expenses incidental to such service in the manner and amount provided for employees of the city. (Ord. 3110 § 1 (part), 1988)

Chapter 3.60
FIREMEN’S PENSION BOARD*

Sections:

3.60.010    Relief and pension system established—Board membership.

3.60.020    Relief and pension system—Administration and operation.

*    For the statutory provisions regarding the pension and relief funds for the city’s employed firemen, see RCW 35A.41.020, RCW Chapters 41.16 and 41.18.

3.60.010 Relief and pension system established—Board membership.

A fireman’s relief and pension system is hereby declared to have been established and created for the city full-time, full-paid fire department as of March 1, 1969, and the fireman’s pension board thereby created shall consist of the following five members, ex officio the mayor who shall be chairman of the board, the city manager, the director of administrative services and in addition two members to be elected by secret ballot of the firemen, at least one of which must be a regularly employed fireman. (Ord. 3573 § 6, 1997: Ord. 2041 § 1, 1969)

3.60.020 Relief and pension system—Administration and operation.

Except as provided in Section 3.60.010, the fireman’s relief and pension system shall be administered and operated under the provisions of and in compliance with the applicable laws of the state of Washington. (Ord. 2041 § 2, 1969)

Chapter 3.64
VOLUNTEER FIRE DEPARTMENT*

Sections:

3.64.010    Relief and pension—Availability.

3.64.020    Relief and pension—Payment of premiums.

3.64.030    Relief and pension—Board of trustees created.

3.64.040    Relief and pension—Payment of retirement fee evidence of availability.

*    For the statutory provisions regarding the Volunteer Firemen’s Pension and Relief program, see RCW Chapter 41.24.

3.64.010 Relief and pension—Availability.

The city subscribes to RCW Chapter 41.24, Volunteer Firemen’s Relief and Pension, for the creation of death and disability insurance protection for the members of the volunteer fire department of the city and subscribes to subsection 2, RCW 41.24.020, whereby any fireman may enroll under the pension provisions of RCW Chapter 41.24, for the purpose of enabling any fireman so electing to avail himself of the retirement provisions of that chapter. (Ord. 991 § 1, 1965)

3.64.020 Relief and pension—Payment of premiums.

The city treasurer is hereby directed to collect, remit, and/or pay fees pursuant to and in compliance with RCW Chapter 41.24. Unless a fireman files with the city clerk, in writing, provision for payment of his contribution in a different manner, the clerk is authorized and directed to withhold the individual fireman’s contribution from his salary. (Ord. 3040 § 2, 1987)

3.64.030 Relief and pension—Board of trustees created.

There is hereby created a board of trustees of the city fire department for the purpose of administering the provisions of this chapter pursuant to the requirements of RCW Chapter 41.24, which board of trustees shall consist of the mayor, the city clerk, one councilman, the chief of the fire department and one member of the fire department to be elected by the members of the fire department for a term of one year and annually thereafter. The mayor is hereby designated as chairman of the board of trustees and the clerk is hereby designated as secretary of the board, and the treasurer thereof. It shall be the duties of the board of trustees to carry out the provisions of RCW Chapter 41.24. (Ord. 991 § 3, 1965)

3.64.040 Relief and pension—Payment of retirement fee evidence of availability.

Any member of the city volunteer fire department for whom the annual retirement fee has heretofore been paid in the manner prescribed in Section 3.64.020 shall be deemed to have elected to avail himself of the retirement provisions of RCW Chapter 41.24, as of the date of the first payment of such annual fee. (Ord. 3040 § 3, 1987: Ord. 991 § 4, 1965)

Chapter 3.68
PARKS AND RECREATION*

Sections:

3.68.010    Park and recreation department—Created.

3.68.020    Park and recreation department—Powers and duties.

3.68.030    Park and recreation department—Rules and regulations.

3.68.040    Superintendent of parks and recreation and other employees—Appointment—Duties.

3.68.050    Park and recreation department—Park budget.

3.68.060    Swimming pool rules.

3.68.070    Swimming pool fees.

*    For the statutory provisions regarding the authority of code cities as to the acquisition and operation of parks and recreational facilities, see RCW 35A.67.010.

3.68.010 Park and recreation department—Created.

For the purpose of providing for the proper maintenance and operation of public parks, playgrounds, and other recreational facilities belonging to the city and to provide for the acquisition of land, structures, and other facilities for the park and recreational program of the city, there is hereby created and established a department of the city to be known as the municipal park and recreation department, hereinafter called the “department.” (Ord. 1006 § 1, 1965)

3.68.020 Park and recreation department—Powers and duties.

The department shall have all the powers and perform all the duties provided by the laws of the state of Washington relating to parks and recreational facilities in the cities of the third class. The department shall have the power to conduct any form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner, and shall have control and supervision of all parks belonging to said city, and may plan, promote, manage and acquire, construct, develop, maintain, and operate, either within or without the city limits, parks, squares, parkways, and boulevards, play and recreation grounds, and/or other municipally owned recreation facilities, including community buildings, and improve and ornament the same; with the approval of the city council enter into any contract in writing, acting independently or in conjunction with the United States, the state of Washington, any county, city or town, park district, school district, or any such public organizations for the purpose of conducting a recreation program or exercising any other power granted by this section, Sections 3.68.010, 3.68.030, 3.68.040 and 3.68.050; and exercise censorship over any statuary, monuments, or works of art presented to the city. The department may also solicit or receive on behalf of the city council any gifts or bequests of money or other personal property or any donation to be applied, principal or income, for either temporary or permanent use for playgrounds, parks, or other recreational purposes. Powers of the department include the authority to grant concessions and privileges herein under such restrictions and for such compensation as it shall prescribe, the revenue from which shall be used for park purposes; provided, that no concession or privilege shall be granted for a period of more than three years unless approved by ordinance. The department shall have no power to acquire land or property, or to accept gifts of real or personal property, without the approval of the city council, any property acquired shall be in the name of the city. (Ord. 3999 § 1, 2005: Ord. 1006 § 2, 1965)

3.68.030 Park and recreation department—Rules and regulations.

The department shall have power to make rules and regulations for the government and management thereof, including the power to fix charges for the use of any municipally owned or controlled park or recreation facility. All rules and regulations and use charges and amendments and changes adopted by the department shall be promulgated by one publication in the official newspaper of the city, and a copy thereof shall be filed in the office of the city clerk. These rules and regulations shall have full force and effect from and after the date of publication. This section, Sections 3.68.010, 3.68.020, 3.68.040 and 3.68.050 and rules and regulations adopted pursuant thereto shall be enforced by the police department of the city. Violation of rules and regulations so adopted shall be a violation of this section, Sections 3.68.010, 3.68.020, 3.68.040 and 3.68.050. (Ord. 1006 § 3, 1965)

3.68.040 Superintendent of parks and recreation and other employees—Appointment—Duties.

The city manager shall appoint a superintendent of parks and recreation who is the best trained and qualified person available therefor, and he shall be the head of the department. The department shall have charge of the management of the park and playground system and of the appointment and supervision of qualified employees thereof for the effective administration, construction, and development of the public park and recreation system. The superintendent shall have such other powers and duties as may from time to time be imposed and conferred upon him by law or by ordinance. (Ord. 1006 § 4, 1965)

3.68.050 Park and recreation department—Park budget.

Annually, the department shall submit a budget to the governing body of the city on or before the second Monday in August for its approval. (Ord. 1006 § 5, 1965)

3.68.060 Swimming pool rules.

The city manager, or the superintendent of parks and recreation acting as his delegate, is hereby authorized in consultation with the park board to promulgate regulations relating to the operation of swimming pools owned and operated by the city within its park system.

(1)    Such regulations shall provide for the health and safety of the users of such pools, the protection of persons and property, both public and private, at such pool sites, including bathhouse and parking facilities operated in conjunction therewith and may adjust, change and limit the hours of pool operations and the schedule of fees herein established and may provide for the closing of the pool to the general public during certain hours for the purpose of conducting swimming instructions and may further provide for the rental of the entire pool facility for limited sessions to both public and private groups and organizations.

(2)    Before such regulations shall become effective, or any amendments or changes thereto, a notice of proposed regulations setting forth the proposals in full and the proposed effective dates shall be posted in a prominent place in or near the bathhouse at each city swimming pool to be affected by such regulations for a period of not less than ten days prior to the proposed effective date. Any person wishing to be heard as to such proposals may request a hearing thereon before a joint meeting of the park superintendent and park board. Following such hearing, the park superintendent, in consultation with the park board, may adopt or modify and then adopt such proposed regulations.

(3)    All regulations, including fee schedules in force and effect, shall be posted in a prominent place in or near each bathhouse. (Ord. 1155 § 1, 1968)

3.68.070 Swimming pool fees.

The fees for use of a swimming pool owned and operated by the city are as follows:

(1)    Open swim:

    Children—$1.50

    Adult—$1.50

(2)    Locker fee: $0.25

(3)    Swim lessons: $4.50 per student per instruction period. An instruction period is one-half hour in length.

The director of the parks and community services department may, in consultation with the park board, adjust the swimming pool fees. Any change in fees shall not become effective until a notice setting forth such changes has been posted at the pool for a period of not less than ten days. (Ord. 3726 § 2, 1999)

Chapter 3.72
OFFICERS, EMPLOYEES AND VOLUNTEERS*

Sections:

3.72.010    Officers.

3.72.020    Employees’ blanket bond.

3.72.100    Definitions.

3.72.110    Defense and indemnification.

3.72.120    Notice of potential liability.

3.72.130    Determination of scope of duties.

3.72.140    Responsibility of official, employee or volunteer.

3.72.150    Payment of judgment, costs and expenses.

3.72.160    Defense at recall hearing.

3.72.170    Limitations and reservations.

3.72.180    Insurance provisions.

3.72.190    Union contracts.

3.72.200    Pending claims.

*    For the statutory provision authorizing code cities to set by ordinance those officers required to furnish bond and the amounts thereof, see RCW 35A.13.080.

3.72.010 Officers.

The following named city officials shall, as required by RCW 35A.13.080, furnish a surety or guaranty bond for the faithful performance of their duties; provided, that said bonds may be combined in the form known as a named schedule bond, and the cost thereof shall be paid by the city of Kirkland.

Office	Bond Amount	Term
City manager	$50,000	Annual
Director of finance	$100,000	Annual
Chief of police	$5,000	Annual

(Ord. 3573 § 7, 1997: Ord. 3533 § 3, 1996: Ord. 2599 § 1, 1981)

3.72.020 Employees’ blanket bond.

City of Kirkland employees performing any of the following duties, together with such other city employees as the city manager shall deem advisable to include, shall be bonded by inclusion in a faithful performance surety “blanket” bond: violations bureau clerk, utilities and/or accounting department cashier, LID payments clerk, any employee whose duties include the receiving and/or accounting for, or the issuance of receipts for moneys, funds, grants, and/or deposits paid to or deposited with the city of Kirkland. Said blanket bond shall have an annual term and shall be in the amount of not less than two hundred thousand dollars. (Ord. 2611 § 1, 1981: Ord. 2599 § 2, 1981)

3.72.100 Definitions.

Throughout the remainder of this chapter, these words have the following meanings:

“Official” means any person who is serving or has served the city as an elected city official or as an appointed member of any city board, commission or committee, or as a member of a community council, or by appointment to the positions of hearing examiner or city attorney.

“Employee” means any person who is or has been employed by the city.

“Volunteer” means a person who, without monetary compensation, serves or has served the city as a volunteer under the explicit authorization and direction of a city department. (Ord. 3398 § 2, 1993)

3.72.110 Defense and indemnification.

Subject to the terms and conditions of this chapter, and as a condition of employment or service, the city shall defend and indemnify every official, employee and volunteer who is or is threatened to be made a party to or otherwise involved in any actual or threatened action, suit, other than those as to which the city is or will be an adverse party, arising from action, inaction or conduct within the scope of that person’s employment by or service to the city, against all expense, liability and loss actually and reasonably incurred in connection therewith. (Ord. 3398 § 3, 1993)

3.72.120 Notice of potential liability.

(a)    Every official, employee or volunteer shall give written notice as soon as practicable to the city attorney of:

(1)    Any accident, incident or course of conduct which the person has witnessed or been involved in which may give rise to a claim against the city or against the person as an official, employee or volunteer of the city; or

(2)    Any litigation, administrative action or claim commenced or filed against the person as an official, employee or volunteer of the city.

(b)    An official, employee, or volunteer may give notice to the city manager of his or her request for defense and indemnification from a claim or action. (Ord. 3398 § 4, 1993)

3.72.130 Determination of scope of duties.

(a)    When defense or indemnification is sought, the city manager shall determine whether the conduct complained of was within the scope of the duties of the official, employee or volunteer, or was in good faith purported to be, and if so shall grant the request. The city attorney shall then defend against the claim or action or may elect to designate other counsel to do so.

(b)    If the city manager determines that the conduct was outside the scope of duties, he or she shall notify the person seeking defense or indemnification promptly. Denial of the request is final and may be reviewed only by an action in the superior court. (Ord. 3398 § 5, 1993)

3.72.140 Responsibility of official, employee or volunteer.

The official, employee or volunteer seeking indemnification shall:

(1)    Provide to the city attorney or attorney designated to represent that person all information known to that person with respect to the date, time, place and circumstances surrounding the incident or conduct, as well as the names and addresses of all persons allegedly injured or damaged thereby, and the names and addresses of all witnesses;

(2)    Deliver promptly to the city attorney any demand, notice, summons or other process relating to any such incident or conduct, and cooperate with the city attorney or designated attorney and, upon request, assist in making settlements of any suits and in enforcing any claim for any right of subrogation against any person or organization that may be liable to the city because of any damage or claim of loss arising from such incident or conduct;

(3)    As directed by the city attorney or designated attorney, attend interviews, depositions, hearings and trials, and assist in securing and giving evidence and obtaining the attendance of witnesses;

(4)    Not accept nor voluntarily make any payment, assume any obligation, or incur any expense in relation to the claim or incident, except as authorized by the city attorney or designated attorney; provided, however, that this section does not prohibit the administration of first aid at the time of an incident, or a reasonable attempt to avoid or mitigate injury or damage to persons or property;

(5)    Not object to a motion by the city to intervene as a party in any action covered by Section 3.72.110. (Ord. 3398 § 6, 1993)

3.72.150 Payment of judgment, costs and expenses.

(a)    A judgment against an official, employee or volunteer who is entitled to defense and indemnification under Section 3.72.110 and who has complied with the requirements of this chapter shall be paid in the same manner as a judgment against the city, except any portion of the judgment which is for punitive damages.

(b)    The city council may by resolution authorize payment of a judgment for punitive damages against a person who has been represented by the city attorney or a designated attorney under Section 3.72.130.

(c)    Claims for other expense or loss covered by Section 3.72.110 may be submitted as other claims against the city.

(d)    If the request for defense and indemnification is denied because the conduct was not within the scope of official duties and a court of competent jurisdiction later holds otherwise, then the city shall pay the claim and reasonable attorney fees. If defense and indemnification are granted and a court of competent jurisdiction later holds that the conduct was outside the scope of official duties, then the official, employee or volunteer shall reimburse the city for any costs or expenses incurred in defending such claim. (Ord. 3398 § 7, 1993)

3.72.160 Defense at recall hearing.

The necessary expenses of defending an elected officer of the city in a judicial hearing to determine the sufficiency of a recall charge as provided in RCW 29.82.023 shall be paid by the city if the officer requests such defense and approval is granted by both the city council and the city attorney. The expenses paid by the city may include costs associated with an appeal of the decision rendered by the superior court concerning the sufficiency of the recall charge. (Ord. 3398 § 8, 1993)

3.72.170 Limitations and reservations.

(a)    The city is not liable for costs or expenses incurred prior to receipt of the notice described in Section 3.72.120, except for those items described in the proviso of Section 3.72.140(d).

(b)    The city is not liable under this chapter for the costs of defense or any judgment in a criminal action against any official, employee or volunteer.

(c)    The provisions of Sections 3.72.110, 3.72.150 and 3.72.160 do not apply to any action in which the city is an adverse party.

(d)    An initial decision to defend or indemnify under Section 3.72.130 does not preclude the city from seeking a determination that the conduct of the official, employee or volunteer was outside the scope of his or her duties, or a claim by the city against such person for damages to the city resulting from his or her willful, wanton or intentional acts. Failure to cooperate with the defense as required by Section 3.72.140 is a withdrawal of the request for defense and indemnification and relieves the city of further liability. (Ord. 3398 § 9, 1993)

3.72.180 Insurance provisions.

Nothing contained in this chapter shall be construed to modify or amend any provision of any policy of insurance wherein the city or any official, employee or volunteer thereof is the named insured. In the event of any conflict between this chapter and the provisions of any such policy of insurance, the policy provisions shall control; provided, however, that nothing contained in this section shall be deemed to limit or restrict the right of any official, employee or volunteer to full coverage pursuant to this chapter, it being the intent of this section to provide complete coverage outside and beyond insurance policies which may be in effect while not compromising the terms and conditions of such policies by any conflicting provision contained in this chapter. (Ord. 3398 § 10, 1993)

3.72.190 Union contracts.

If a bargaining unit contract covers any of the provisions covered by Sections 3.72.100 through 3.72.200, all persons under such contract shall be governed by its provisions, rather than by the provisions of Sections 3.72.100 through 3.72.200, where a conflict exists. (Ord. 3398 § 11, 1993)

3.72.200 Pending claims.

The provisions of Sections 3.72.100 through 3.72.200 apply to any pending claim or lawsuit against an official, employee or volunteer, or any such claim or lawsuit hereafter filed, regardless of the date of the events or circumstances which are the basis of the claim or lawsuit. (Ord. 3398 § 12, 1993)

Chapter 3.76
ADVANCEMENT OF TRAVEL EXPENSES FOR CITY OFFICIALS AND EMPLOYEES

(Repealed by Ord. 4199)

Chapter 3.78
PARKING ENFORCEMENT PERSON

Sections:

3.78.010    Position created –Appointment –Operation.

3.78.020    Duties designated.

3.78.030    Uniform.

3.78.040    Certificate of appointment and badge.

3.78.050    Authority.

3.78.060    Noncivil service employee.

3.78.070    Salary and working hours.

3.78.010 Position created –Appointment –Operation.

The city manager is authorized to create the position of parking enforcement person, for the specific limited purpose of enforcing vehicle parking restrictions and regulations now and hereafter existing within the jurisdiction of the city.

Additionally, the city manager is authorized to transfer the supervision of said position to that particular city department head deemed most appropriate by the city manager.

In a manner consistent with Kirkland Municipal Code 3.80, the city manager or applicable department head is authorized and empowered to appoint, from time to time as is necessary, personnel to the position of parking enforcement person.

The position of parking enforcement person shall operate according to the terms and conditions set forth in this chapter. (Ord. 2395 § § 1, 2, 3, 1978)

3.78.020 Duties designated.

The following duties are imposed upon the position of parking enforcement person:

(1)    To properly and conscientiously enforce any and all then existing vehicle parking restrictions and regulations within the jurisdiction of the city; and

(2)    To properly and conscientiously enforce the provisions and intent of Kirkland Municipal Code 14.36.010 relating to certain moorage time restrictions within the jurisdiction of the city;

(3)    Such enforcement shall consist of the subsequent issuance of citations by the parking enforcement person for overtime parking or overtime moorage where applicable, on a citation form to be approved and furnished by the chief of police; and

(4)    The parking enforcement person so issuing said citation shall appear at proceedings, judicial or otherwise, as is necessary to fully pursue the purpose of the position; and

(5)    Such other duties as the city manager may issue. (Ord. 2727 § 1, 1983: Ord. 239 7, 1978)

3.78.030 Uniform.

A parking enforcement person, while performing the duties of the position as contained in this chapter, shall wear a uniform consistent with police department policy and issued by the department. (Ord. 2395 § 6, 1978)

3.78.040 Certificate of appointment and badge.

The chief of police, upon appointment of an individual to the position of parking enforcement person, shall issue to such individual a certificate of appointment and a metal badge carrying a number to be assigned by the chief. (Ord. 2395 § 5, 1978)

3.78.050 Authority.

The authority of a parking enforcement person is limited to the issuance of lawful citations pursuant to the meaning and intent of Section 3.78.020 and the impoundment of motor vehicles to the extent authorized by Section 12.44.085(b). Specifically, a parking enforcement person shall not and does not have the authority to arrest, nor to effect vehicle or watercraft impound, except by referral to law enforcement personnel of the city having such authority to arrest or impound. (Ord. 2956 § 2, 1986: Ord. 2395 § 8, 1978)

3.78.060 Noncivil service employee.

The holder of a position as parking enforcement person shall not be construed to be a uniformed Law Enforcement Officer as defined in, or for the purposes of, RCW Chapter 41.26, or pertinent provisions of the Kirkland Municipal Code; but shall be construed to be a noncivil service city employee performing a special limited function consistent with the meaning and intent of the position and this chapter so creating. (Ord. 2395 § 4, 1978)

3.78.070 Salary and working hours.

Prior to filling the position of parking enforcement person, the city manager or applicable department head shall determine the applicable rate of pay and the normal work week and expected variations thereto. All related and other aspects of such position shall be determined by reference to applicable provisions of the Kirkland Municipal Code. (Ord. 2395 § 9, 1978)

Chapter 3.80
PERSONNEL*

Sections:

3.80.010    Title.

3.80.020    General provisions.

3.80.030    Definitions.

3.80.040    Policies and procedures.

3.80.045    Sexual harassment.

3.80.050    Authority of the city manager.

3.80.055    Disciplinary actions.

3.80.060    Grievance procedure.

3.80.070    Classifications and salary.

3.80.080    Hours of work.

3.80.090    Vacation leave.

3.80.092    Leave sharing program.

3.80.095    Vacation for executive management.

3.80.100    Sick leave.

3.80.110    Holidays.

3.80.115    Management leave for eligible employees.

3.80.120    Other leave.

3.80.130    Management decisionmaking rights.

3.80.140    Limitations on gifts.

3.80.150    Communicable disease policy.

*    For the statutory provisions regarding public employment in code cities, see RCW 35A.41.020.

3.80.010 Title.

This chapter shall be known as the “Personnel Ordinance.” (Ord. 2844 § 1, 1984)

3.80.020 General provisions.

(a)    Purpose. The objective of the personnel ordinance is to facilitate efficient service to the public and provide a personnel management system within the city government which deals with all employees of various departments in an equitable and uniform manner.

(b)    Affirmative Action Policy. Within the parameters required or allowed by law, it is the policy of the city to promote and assure equal opportunity based on ability and fitness to all persons regardless of race, religion, color, national origin, sex, age, marital status, political affiliation, sexual orientation or the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a disabled person.

(c)    Exclusion. Except as to Section 3.80.045 pertaining to sexual harassment and Section 3.80.140 pertaining to gifts and favors, this chapter shall not apply to the following personnel: mayor, members of the city council, members of commissions or boards, and reserve firefighters.

(d)    Executive Management Group. The city manager may form an executive management group to consist of the city manager, assistant city manager and department heads (or “department directors”), unless otherwise specified by the city manager.

(e)    Department Heads. When there is an employment contract between the city and a department head, the terms of such contract shall prevail over the provisions of this chapter, to the extent of any conflict.

(f)    City Attorney. The city shall employ a city attorney as a department head; provided, that on behalf of the city, the city manager shall enter into an employment contract with the city attorney that addresses employment separation and may contain other provisions.

(g)    Scope. In cases where this chapter conflicts with collective bargaining contracts and agreements duly agreed upon between the authorized employee organizations or unions and the city, or with civil service regulations, the provisions of the contract or regulations shall govern.

(h)    Conflicts. Nothing in this chapter shall be construed to conflict with or invalidate state or federal law relating to the subject matter herein. (Ord. 3930 § 1, 2004; Ord. 3905 § 1, 2003: Ord. 3800 § 1, 2001; Ord. 3399 § 1, 1993; Ord. 3350 § 1, 1993; Ord. 3120 § 1, 1988; Ord. 2844 § 2, 1984)

3.80.030 Definitions.

The following words and phrases, when used in this chapter, shall have the meanings ascribed to them below:

(1)    “City” means the city of Kirkland.

(2)    “Doctor’s certificate” means a form provided by the city and signed by a physician stating that the employee has been ill and is now able to return to work.

(3)    “Employee” means a person occupying a position and who is paid a salary or wage by the city. “Employee” shall not include any person retained by the city under a written personal service or consultant contract or agreement.

(4)    “Holiday” means the days designated as holidays with pay by this chapter.

(5)    “Immediate family” means wife, husband, son, daughter, mother, father, grandmother, grandfather, mother-in-law, father-in-law, domestic partner, brother, sister and other relatives as designated by approval of the city manager.

(6)    “Just cause” means cause, supported by evidence, for disciplinary action against an employee.

(7)    “LEOFF” means the Law Enforcement Officers and Firefighters Retirement System.

(8)    “Members of employee’s household” means persons who reside in the same home who have reciprocal and natural or moral duties to and/or do provide support for one another. The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune.

(9)    “Overtime” consists of any work performed by regular full-time or part-time employees required to be compensated as overtime by the Federal Fair Labor Standards Act.

(10)    “Probationary employee” means any employee hired for a regular position who has not completed the probationary period.

(11)    “Regular full-time employee” means any salaried employee, hired for an indefinite period of time, who works forty or more hours per week on a fixed, regular schedule and is compensated and accrues benefits based on full-time employment.

(12)    “Regular part-time employee” means any salaried employee, hired for an indefinite period of time, who works less than forty hours per week on a fixed regular schedule.

(13)    “Seasonal employees” means employees hired to work in positions which are cyclic in nature, begin at approximately the same time each year and last for a minimum of three months and a maximum of nine months in any consecutive twelve-month period.

(14)    “Temporary employee” means an employee hired for a specific purpose or project and for a specific or definite period of time.

(15)    “Uniformed employees” means employees hired as officers of the city’s police and fire departments and who are under the LEOFF retirement system.

(16)    “Gift” means anything of economic value for which no consideration is given. “Gift” does not include:

(a)    Items from family members or friends where it is clear beyond a reasonable doubt that the gift was not made as part of any design to gain or maintain influence in the city or with the recipient in connection with city matters;

(b)    Items related to the outside business of the recipient that are customary and not related to the recipient’s performance of official duties;

(c)    Items exchanged among officials and employees or a social event hosted or sponsored by a city officer or city employee for co-workers;

(d)    Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity. As used in this subsection, “reasonable expenses” are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event;

(e)    Items an official or employee is authorized by law to accept;

(f)    Payment of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide nonprofit governmental or nonprofit professional, educational, trade, or charitable association or institution. As used in this subsection, “reasonable travel expenses” are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event;

(g)    Items returned by the recipient to the donor within thirty days of receipt or donated to a charitable organization within thirty days of receipt;

(h)    Campaign contributions reported under Chapter 42.17 RCW;

(i)    Discounts available to an individual as a member of an employee group, occupation, or similar broad-based group;

(j)    Awards, prizes, scholarships, or other items provided in recognition of academic or scientific achievement.

(17)    “Officer” means all elected and appointed officers of the city, together with all deputies and assistants of such an officer, and all persons exercising or undertaking to exercise any of the powers or functions of a city officer. (Ord. 4108 § 1, 2007: Ord. 3905 § 2, 2003: Ord. 3350 § 2, 1993: Ord. 2844 § 3, 1984)

3.80.040 Policies and procedures.

(a)    Hiring Immediate Family Members or Members of Employee’s Household. Hiring or maintaining employment status of immediate family members of present employees or members of a present employee’s household is prohibited if:

(1)    One member would have the authority or practical power to supervise, hire, remove or discipline the other;

(2)    One member would be responsible for financially auditing the work of the other; or

(3)    One member would handle confidential material which may create the appearance of improper or inappropriate access to that material by the other; unless such handling of confidential material is in the best interest of the city as determined by the city manager.

(b)    Recruitment. Available positions may be filled through internal or external recruitment. Internal recruitments shall be publicized to city employees. External recruitments shall be publicized to city employees, in at least one major newspaper or other suitable publication within the primary recruitment/labor market(s) for the position(s), and in accordance with all prevailing affirmative action guidelines regarding recruitment. Public notice of a position opening shall contain title, salary, brief description, minimum qualifications and the closing date for applications.

(c)    Probation. New employees shall hold probationary status for a period of at least six months and a maximum of one year from the date of hire. The length of the probationary period shall be based on the length of time needed by the city to afford it adequate time to evaluate an individual’s ability and fitness for performing the required work of the position. Probationary employees have no vested status and may be disciplined or terminated at any time without further recourse.

(d)    Promotion. Vacancies may be filled, insofar as is consistent with the best interests of the city, from qualified employees holding regular positions within the city. Employees who are promoted shall again hold probationary status as provided in subsection (c) of this section. Those who fail the probationary period may reassume any regular appointment held prior to the promotion if the position is vacant.

(e)    Transfer. Upon recommendation of the department director or to meet the needs of the city, a transfer may be made. No person may be transferred to a position for which he/she does not possess minimum qualifications. A probationary period shall be established for anyone requesting a transfer. A transfer shall not be used to circumvent regulations regarding promotions, demotions or terminations.

(f)    Demotions. No employee shall be demoted to a position for which he/she does not possess minimum qualifications. Any employee may be demoted (1) when his/her standard of performance falls below an acceptable level; (2) when the employee becomes physically or mentally incapable of performing the duties of his or her position; (3) for disciplinary purposes; (4) in lieu of layoff; (5) at the employee’s request; or (6) when the classification of the position currently held has changed.

(g)    Resignation. An employee shall give at least two weeks’ written notice of his or her effective resignation date. The time limit of the resignation may be waived at the discretion of the department director concerned. Termination vacation pay shall be forfeited if written notice is not given nor waived. Unauthorized absence from work for a period of three consecutive days will be presumed as voluntary resignation not in good standing.

(h)    Abandonment. An employee who is absent from work without approval for more than three days may be terminated by the city manager or designee unless waived by the city manager.

(i)    Retirement. All regular full-time and regular part-time employees must belong to either the Public Employees Retirement System (PERS) or the Law Enforcement Officers and Firefighters (LEOFF) retirement system or any other systems which may take their place so long as they qualify for membership under the applicable state statutes.

(j)    Exit Interview. An exit interview checklist shall be completed by the personnel department for all employees resigning from city employment.

(k)    Drug Testing. Drug testing shall be administered in accordance with Chapter 4-28 of the City of Kirkland Administrative Policy Manual.

(l)    Physical, Mental and Sensory Disabilities. If a physical, mental or sensory disability causes an employee to be incapable of properly performing the essential functions of his/her present position, the city will explore ways to accommodate the employee’s disability if it is possible to do so without jeopardizing the efficiency of the work unit or placing an unfair burden on other employees. Alternatively, the employee may apply to voluntary demotion or transfer.

(m)    Layoff. The city manager may lay off employees as he or she deems necessary. (Ord. 3905 § 3, 2003: Ord. 3573 § 11, 1997; Ord. 3399 § 2, 1993; Ord. 3350 § 3, 1993; Ord. 3120 §§ 2 – 5, 1988; Ord. 2844 § 4, 1984)

3.80.045 Sexual harassment.

(a)    The city will not tolerate sexual harassment of any employee. Sexual harassment is illegal and is defined as unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, and other verbal or physical conduct of a sexual nature when:

(1)    Submission to such conduct or communication is made either explicitly or implicitly a term or condition of an individual’s employment;

(2)    Submission to or rejection of such conduct or communication by an individual is used as the basis for employment decisions affecting such individual; or

(3)    Such conduct or communication has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

It is the policy of the city to seek to eliminate and/or prevent sexual harassment in general, as well as to alleviate any effects sexual harassment may have had on the working conditions of an employee. In response to formal reports of sexual harassment, the city will seek to protect all parties involved from retaliation, false accusations, or future harassment, and, where indicated, will take reasonably prompt and adequate remedial measures.

(b)    Reporting Sexual Harassment. Any employee who feels he/she is being sexually harassed or is aware of sexual harassment of another employee is strongly encouraged to report this to his/her immediate supervisor, department director, human resources manager, or to contact the employee assistance program counselor. The reporting may be informal or formal. Formal reporting includes submitting a written statement or using the grievance procedure when applicable.

(c)    Response to Reports of Sexual Harassment. Written reports concerning sexual harassment will be forwarded to the human resources manager unless there is an allegation against that person or against the director of administrative services, and if so, then written reports will be forwarded to the city manager, but if he or she is unavailable, then to the assistant city manager; provided, however, written reports alleging sexual harassment on the part of the city manager or any elected or appointed city official shall be forwarded to the city attorney. This procedure will apply to written statements received from reporting employees or written records made by higher managerial or supervisory employees, including department directors and division supervisors. Whenever higher managerial or supervisory city employees become aware of allegations of sexual harassment, they will make a written record of the allegations and will forward it as described above regardless of whether those involved report the incident.

The human resources manager, the city manager, assistant city manager or the city attorney will begin an investigation if appropriate. The city manager, city attorney, or human resources manager, with the concurrence of the city manager, may engage the services of an independent third party to assist in the investigation. The first pre-investigation step shall be to inquire of all persons reporting as to whether the record now includes all allegations of sexual harassment. Should the allegations, if true, not describe sexual harassment as defined in subsection (a) of this section, then no investigation shall be conducted and all records shall be gathered together and sealed to the extent allowed by law. All other reports of sexual harassment will be investigated within a reasonably prompt time after the report is received and the following procedures will be followed.

The investigation will be directed at ascertaining the facts concerning the allegations. It is appropriate to compare the treatment of others with that of the employee allegedly affected and to see whether others have also been treated the same way. If, in the course of investigation, evidence of sexual harassment involving other employees is found, the city shall initiate a separate investigation or include these instances in the ongoing investigation, whichever is appropriate.

The investigator shall cause the person reported to have sexually harassed an employee to be advised of the allegations and to afford such person an opportunity to reply in writing. The employee shall also be advised that any retaliation will be subject to disciplinary action regardless of the outcome of the investigation of allegations of sexual harassment.

The results of the investigation shall be reduced to writing and a finding shall be made that there is or is not reasonable cause for disciplinary action. Nothing in this section shall limit the authority of the city to modify policies or practices to correct any appearance of sexual harassment without finding reasonable cause for disciplinary action or taking any disciplinary action. The report will also include any recommendations for promotion or other personnel actions for the employee alleged to have been affected by sexual harassment.

The report shall be forwarded to the city manager who shall, if warranted, take appropriate disciplinary or other action pursuant to pertinent city procedures; provided, however, if the report concerns allegations of sexual harassment on the part of the city manager or any elected or appointed city official, then the city attorney shall forward the report to the city council for appropriate disposition.

(d)    Sealing of Records Relating to Sexual Harassment. Records relating to sexual harassment include, but are not limited to, written reports regarding alleged sexual harassment, memos between city employees concerning investigation of such allegations and city recommendations in response to allegations. Records relating to sexual harassment will be retained by the city for as long as required by law. All such records will be retained in one sealed personnel file. There will be a cross-reference to the sealed file, without details thereof, in the personnel file of the reporting employee, allegedly affected employee and the employee who was reported to have sexually harassed another. Except to the extent required or allowed by law, no information from the sealed file nor any indication of the cross-reference to the sealed file will be disclosed to persons who do not have confidential access to the personnel affairs of the city. (Ord. 3905 § 4, 2003)

3.80.050 Authority of the city manager.

Nothing in this chapter shall be construed in any way as limiting the authority of the city manager under RCW 35A.13.080 to appoint and remove at any time, with or without cause, all department directors and employees of the city, except members of the city council and its advisory boards, commissions, and those employees covered by the civil service commission. (Ord. 3905 § 5, 2003: Ord. 3442 § 2, 1994; Ord. 3399 § 3, 1993: Ord. 3350 § 4, 1993; Ord. 3120 § 6, 1988; Ord. 2844 § 5, 1984)

3.80.055 Disciplinary actions.

(a)    Whenever a disciplinary action or termination becomes necessary, the city manager has the power to discipline or terminate, and he/she will normally do so for just cause. Disciplinary action may consist of counseling for which there is a written record, verbal or written warning, written reprimand, suspension with or without pay, demotion, or termination.

(b)    Just Cause. Continued employment with the city shall be contingent upon availability of funds, fitness of the employee to perform the duties required of the position, and upon satisfactory performance of these duties. Employees of the city may be subject to disciplinary action or termination for any of the following reasons and/or any other reasons constituting or providing just cause:

(1)    Incompetency, inefficiency, neglect of duty, malfeasance, acts of moral turpitude;

(2)    Mental or physical unfitness to perform the duties of the position held by the employee;

(3)    Misuse or abuse of public property, any misuse of public funds;

(4)    Dishonest or prejudicial conduct, insubordination, or discourteous treatment of the public or a fellow employee, personal conduct at work which is dangerous to others, interfering with or disrupting the work of another employee;

(5)    Intoxication during work hours or being under the influence of intoxicating liquor and/or any drug during work hours or the use of intoxicating liquor, narcotics, controlled substances or any other drug when the use thereof interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing his/her functions and duties;

(6)    Violation of a city ordinance or the rules, policies, regulations or orders issued by the employee’s immediate supervisor, department director, human resources manager or city manager, fighting or destructive acts during work hours, theft, conviction of a felony or misdemeanor which could adversely impact the employee’s ability to perform the duties of his/her position;

(7)    Absence without the supervisor’s approval, unsatisfactory attendance record, or abuse of leave benefits;

(8)    Use of the employee’s position for his/her personal profit, gain or advancement other than the rightful compensation and benefits duly authorized;

(9)    Sexual harassment;

(10)    Refusal to cooperate with testing for intoxicating liquor or drugs as provided for in this chapter;

(11)    Using abusive language, including but not limited to racial slurs, during the performance of city duties or when such abusive language adversely impacts another employee’s ability to perform the duties of his/her position;

(12)    Falsifying reports or records.

(c)    Disciplinary Actions.

(1)    In addition to the city manager’s authority described in subsection (a) of this section and Section 3.80.050, whenever an employee’s performance, attitude, work habits or personal conduct falls below satisfactory levels, the following individuals are authorized to take disciplinary action as indicated below:

(A)    The employee’s supervisor may impose: counseling for which there is a written record; an oral or written warning; or a written reprimand;

(B)    The employee’s department director may impose: counseling for which there is a written record; an oral or written warning; a written reprimand; suspension with or without pay, demotion, or termination. Before imposing a suspension without pay for more than two days or terminating an employee, the department director shall consult with the city manager.

(2)    The individual taking disciplinary action has the discretion to select the appropriate type of initial or progressive discipline. Factors to be considered in selecting the severity of discipline include the seriousness of the employee’s conduct and whether less severe discipline would impact the efficiency of the work unit or place an unfair burden on other employees. For example, an act of dishonesty, moral turpitude, consumption of alcohol during work hours, or conduct of a parallel magnitude, may result in termination being the initial form of discipline to be imposed against an employee.

(3)    Notification to the Employee. Employees who are subject to disciplinary action shall, within a reasonable period of time, be provided with a full statement, in writing, of the reasons for such action, the nature of the action and the effective date.

(4)    Name-Clearing Hearing. Any terminated employee believing he/she may be entitled to a name-clearing hearing may initiate such a hearing using the procedures set forth in Sections 3.80.060(c)(1) and (2) of this chapter. A name-clearing hearing does not involve a review or appeal of the decision to terminate the employee. (Ord. 3905 § 6, 2003)

3.80.060 Grievance procedure.

(a)    Definition. A “grievance” means a claim or dispute by an employee with respect to the interpretation, meaning or application of the provisions of this chapter.

(b)    Purpose. An employee may resort to grievance procedures hereinafter set forth for any decision or action in violation of the provisions of this chapter which he/she feels may affect his/her employment adversely. To be timely, the grievance must be filed in writing by the employee with the employee’s immediate supervisor and the personnel manager within five working days of the occurrence of the incident producing the dispute or grievance. The grievance must be signed by the employee and must state the issue, the provision(s) of this chapter violated, the facts giving rise to the grievance and the remedy sought. Employees who are represented by collective bargaining units having written grievance procedures as part of an agreed upon contract are not entitled to file a grievance under this procedure. Unrepresented employees eligible to, and who elect to appeal a decision or action through the civil service appeal process, are not entitled to file a grievance under this procedure.

(c)    Procedure. Subsequent to the timely filing of a grievance under subsection (b) of this section, the following grievance procedures apply unless other procedures are provided by state law, as in the case of the uniformed services, union contract, or any other which offers a grievance procedure:

(1)    The employee must first discuss the grievance with his or her immediate supervisor.

(2)    If the employee believes the supervisor’s response fails to resolve the grievance to his or her satisfaction, then within five working days after receiving the supervisor’s response the employee shall submit the grievance to his/her department director. The department director shall reply in writing to the parties regarding the grievance within ten working days.

(3)    If the employee feels that his or her complaint is not fairly resolved by the department director, he or she may submit, within five working days after receipt of the department director’s reply, a written grievance to the city manager.

(4)    The city manager or designee shall review the grievance materials and issue a final determination within twenty working days; provided, however, if the city manager or designee determines the grievance materials are insufficient to enable him/her to make a final determination or that further investigation and review is warranted, he may first confer with the parties or any one of them, direct the parties to provide additional information, authorize further investigation and/or conduct a grievance meeting. Alternatively, the city manager or designee may, in his or her discretion, agree to arbitration by an outside third party or any other available method for resolving the employee’s grievance. No punitive action shall be carried out against the employee for utilizing the grievance procedures contained herein.

(5)    Upon agreement of the city and the employee, at any time during the grievance the parties can utilize an agreed upon mediation process. In the event such an agreement is reached, the running of the timelines set forth herein are tolled until one party notifies the other in writing that they are withdrawing from the process. The notice given will be effective as of the date it is received by the other party. (Ord. 3905 § 7, 2003: Ord. 3399 § 4, 1993: Ord. 3350 § 5, 1993; Ord. 2844 § 6, 1984)

3.80.070 Classifications and salary.

(a)    Position classification shall be prepared and maintained in such a way that the classifications and salary range reflect current duties and responsibilities of all positions within the city. Job descriptions shall reflect the essential duties and responsibilities of the position.

(b)    Reclassification of Positions and Compensation. Positions and compensation shall be reclassified when appropriate in accordance with Chapter 4-7 of the City of Kirkland Administrative Policy Manual.

(c)    Overtime. Overtime shall be compensated at a rate of one and one-half times the normal rate of pay or by compensatory time off in lieu of overtime pay at the discretion of the employee. All overtime shall be authorized by the employee’s supervisor in advance. Requests for overtime pay or compensatory time off must also be made in advance and remain consistent for a period of three months. Overtime for uniformed personnel shall be referred to current contract agreements. If the employee requests compensatory time off, it must be taken prior to the second payout dates of January, April, July and October. Executive, administrative and professional employees shall not be entitled to overtime compensation as defined in WAC 296-128-500.

(d)    Pay Period. Employees shall be paid twice each month. Paychecks will be issued on or about the eighth and twenty-third of each month. In the event payday falls on a weekend or holiday, employees will be paid the preceding business day. (Ord. 3905 § 8, 2003: Ord. 3590 § 1, 1997: Ord. 3350 § 6, 1993; Ord. 2844 § 7, 1984)

3.80.080 Hours of work.

(a)    General Personnel. The normal work week shall consist of five consecutive days and shall average forty hours within a one hundred sixty-eight hour period. The work week may differ for each position as authorized by the Federal Fair Labor Standards Act. Alternate work schedules may be authorized pursuant to written approval of both the department director and the city manager, or designee.

(b)    Work Breaks. Authorized breaks must be arranged so as not to interfere with city business. Business shall not be interrupted simply because it is breaktime. Employees are entitled to one fifteen-minute break in the morning and afternoon. Breaks for office employees should be taken in designated areas and field employees should take their breaks on or near the job site. Misuse of break privileges shall be subject to disciplinary action. (Ord. 3905 § 9, 2003: Ord. 3350 § 7, 1993; Ord. 2844 § 8, 1984)

3.80.090 Vacation leave.

(a)    Approval. Upon satisfactory completion of six months’ service, an employee shall be eligible for paid vacation. All requests for vacation leave must be scheduled and approved at least five days prior to the requested vacation time, unless an exception is granted by the department director. Vacation leave shall be granted by the department director only in the best interests of the city. Department directors requesting vacation leave must coordinate such request with the city manager’s office.

(b)    Vacation Schedule. Each regular full-time employee shall accrue vacation leave at a rate of one- twelfth of annual vacation per month of service, and regular part-time employees and temporary employees that will or have exceeded one thousand and forty hours within six months of hire shall accrue vacation leave at a rate proportionate to the number of hours worked per month, based on the following schedule:

Year of Employment	Annual Vacation (Working Hours)
*1st year of employment	104 hours vacation
*2nd year of employment	104 hours vacation
*3rd year of employment	104 hours vacation
*4th year of employment	104 hours vacation
*5th year of employment	128 hours vacation
*6th year of employment	128 hours vacation
*7th year of employment	128 hours vacation
*8th year of employment	136 hours vacation
*9th year of employment	136 hours vacation
10th year of employment	136 hours vacation
11th year of employment	144 hours vacation
12th year of employment	144 hours vacation
13th year of employment	144 hours vacation
14th year of employment	160 hours vacation
15th year of employment	160 hours vacation
16th year of employment	160 hours vacation
17th year of employment	176 hours vacation
18th year of employment	176 hours vacation
19th year of employment	176 hours vacation
20th year of employment	192 hours vacation
Beyond 20 years of employment	192 hours vacation

(c)    Accumulation. Vacation leave shall not be accumulated in excess of two hundred eighty hours within a calendar year without the express prior written authorization of the city manager or his or her designee. No more than two hundred forty hours may be carried over from one calendar year to the next except as provided in this subparagraph. Requests to the city manager or designee for exceptions shall be for a specific number of hours to be used for a specific purpose and to be taken by a specific date. Accrued unused vacation leave shall not, under any circumstances, exceed three hundred twenty hours.

(d)    Payment in Lieu of Vacation Leave. There shall be no pay in lieu of unused vacation leave, except in cases of separation from city employment. An employee who has successfully completed probation shall receive pay for any vacation time earned but not taken, up to the date of separation but not to exceed a maximum of two hundred forty hours accumulated vacation leave unless specifically authorized by the city manager. (Ord. 3905 § 10, 2003: Ord. 3399 § 5, 1993: Ord. 3350 § 8, 1993; Ord. 2955 § 1, 1986: Ord. 2844 § 9, 1984)

3.80.092 Leave sharing program.

(a)    Donation of Leave. Only vacation leave is available to be donated. All donated leave must be voluntarily given. An employee may donate any amount of vacation leave; provided, that it does not cause the employee’s vacation leave balance to fall below ten days. Employees wishing to donate leave which would cause their leave balance to fall below ten days must seek and obtain written permission from the city manager. A donor must fill out and sign a “vacation leave transfer” form to authorize the city to transfer vacation leave.

(b)    Eligibility to Receive Shared Leave. Subject to the approval of the city manager or his designee, an employee may receive donated leave under the following conditions:

(1)    The employee suffers from, or has a relative or household member suffering from, an extraordinary or severe illness, injury, impairment, or physical or mental condition; and

(2)    The employee’s job is one in which vacation and/or sick leave can be used and accrued; and

(3)    The employee is not eligible for time loss compensation under Chapter 51.32 RCW; and

(4)    The employee has abided by city policies and procedures regarding the use of sick leave; and

(5)    The employee has exhausted, or will shortly exhaust, his/her sick leave and vacation leave; and

(6)    The condition has caused or is likely to cause the employee to go on leave without pay or terminate city employment where termination is due solely to the exhaustion of leave; and

(7)    An employee may not receive donated vacation leave beyond that which, if combined with the employee’s own leave, could result in the employee being on city paid leave for more than six hundred hours in any six-month period.

(c)    Application to Receive Shared Leave. An employee wishing to receive shared leave must make such request using the application to receive shared leave form. The application must be accompanied by documentation from a licensed physician or other authorized health provider verifying the severe or extraordinary nature and the expected duration of the condition. The application should be submitted to the city’s designee for the shared leave program.

(d)    Approval to Receive Shared Leave. Based upon the information provided on the application and in the physician’s documentation, the city will approve/disapprove the use of shared leave for the applicant. If shared leave is approved, the city will determine the amount of shared leave the recipient may receive. No shared leave may be used by the recipient until all other forms of paid leave available for him/her to use are exhausted.

(e)    Value of Shared Leave. All vacation leave hours donated shall be converted to a dollar value based on the donor’s straight time hourly rate at the time of donation. Such dollar value will then be divided by the receiving employee’s hourly rate to determine the actual number of hours received. The value of any leave transferred under this program which remains unused will be placed in a residual shared leave pool. (Ord. 3905 § 11, 2003: Ord. 3540 § 1, 1996)

3.80.095 Vacation for executive management.

(a)    This section applies to the executive management group (“department heads”), which shall mean department heads and the assistant city manager. The provisions of Section 3.80.090 shall apply to department heads, except as hereinafter provided.

(b)    The annual vacation schedule for department heads shall be one hundred sixty hours; provided, that the vacation accrual rate in Section 3.80.090 shall apply if such rate would exceed one hundred sixty hours based on the individual’s years of service with the city. During the first six months of employment, department heads are eligible to utilize paid vacation upon approval of the city manager. (Ord. 3905 § 12, 2003: Ord. 3522 § 1, 1996)

3.80.100 Sick leave.

(a)    Accumulation. Regular full-time employees may be granted sick leave with pay for illness or injury. Sick leave shall be accrued at a rate of eight hours for each calendar month of the employee’s service, but not to exceed a maximum of nine hundred sixty hours. Regular part-time employees and temporary employees that will or have exceeded one thousand and forty hours within six months of hire shall accrue sick leave at a rate proportionate to the number of hours worked per month. This section does not apply to employees hired under LEOFF (1).

(b)    Eligibility. Sick leave shall be available to regular employees, except LEOFF (1) employees, after they have worked for a minimum of thirty consecutive calendar days after the most recent date of hire. Sick leave shall be granted for the following reasons:

(1)    Personal illness or physical incapacity.

(2)    Serious illness in the immediate family or members of employee’s household, the care of a child with a health condition that requires treatment or a spouse, parent, parent-in-law, or grandparent with a serious health condition or an emergency condition. The employee must notify his or her supervisor if he or she intends to use vacation leave instead for this purpose.

(3)    Medical or dental appointments.

(4)    Sick leave may be granted for one day in order to attend the funeral of a family member or other person not a member of the employee’s immediate family, with the approval of the department director.

(c)    Notification. An employee on sick leave shall notify his or her immediate supervisor of the fact. Failure to do so within one hour after the commencement of the normal work shift may be cause for denial of sick leave with pay for the period of such absence.

(d)    Doctor’s Certificate. After three days and/or at the discretion of the department director, certification of illness by a doctor may be required for approval of sick leave with pay. Certification establishing the date on which an employee was able to return to work may also be required.

(e)    Accumulated sick leave will be measured from the effective date of Ordinance 2470. Sick leave taken will be first deducted from the most recently accumulated sick leave.

(f)    Unused Sick Leave Policy. Unused sick leave may be accumulated from year to year to a maximum of nine hundred sixty hours but may not be taken or used for any reason other than illness, injury or maternity leave. The city shall not compensate any employee upon termination or at any other time for unused accrued sick leave by payment of money or compensating time off, except as provided in this section for employees who are members of PERS 1:

(1)    Upon retirement, any city of Kirkland employee who is then an active member of PERS 1 and whose employment qualifying for membership in PERS 1 commenced prior to October 1, 1977, and whose annual average of the greatest compensation earnable during any consecutive two-year period of service for which PERS 1 service credit is allowed occurred while an employee of Kirkland may have included, as compensation earnable in said calculation, pay for unused sick leave accumulated during said two years on the basis of one day’s pay for each two days of accrued unused sick leave a maximum of twelve days, but only if such retiring employee has given two weeks’ notice of retirement. Notwithstanding other provisions of this code and for purposes of this subparagraph only, an employee who maintains a balance of at least twenty-four days of sick leave throughout the said two years shall be treated as having accrued twelve days sick leave per each of the said two years.

(g)    In the event an employee shall be entitled to benefits or payments under any program of disability insurance furnished by the city, workers’ compensation or similar legislation of the state or other governmental unit, the city shall pay to the employee only the difference between the benefits and payments received under such insurance or act by such employee and the regular rate of compensation that he/she would have received from the city if able to work. In such event, the number of hours deducted from the employee’s total accrued sick leave shall be the hourly equivalent of the city’s payment. The foregoing payment or contribution by the city shall be limited to the period of time that such employee has accumulated sick leave credits as specified in this chapter. Any time the employee receives a disability award, such as from workers’ compensation, the employee must notify the immediate supervisor or the personnel officer within five days of receipt. (Ord. 3905 § 13, 2003: Ord. 3399 § 6, 1993; Ord. 3120 § 8, 1988; Ord. 2844 § 10, 1984)

3.80.110 Holidays.

(a)    Holiday Schedule. Regular full-time employees are granted the following holidays, and other such days as the city council may fix, without reduction in pay. Regular part-time employees and temporary employees that will or have exceeded one thousand and forty hours within six months of hire shall receive these holidays and other such days as the city council may fix at a rate proportionate to the number of hours worked per month, without reduction in pay.

	Holiday	Date to be Observed
(1)	New Year’s Day	January 1
(2)	M.L. King Jr. birthday	3rd Monday in January
(3)	President’s Day	3rd Monday in February
(4)	Memorial Day	Last Monday in May
(5)	Independence Day	July 4
(6)	Labor Day	1st Monday in September
(7)	Veteran’s Day	November 11
(8)	Thanksgiving Day	4th Thursday in November
(9)	Day after Thanksgiving	4th Friday in November
(10)	Half day Christmas Eve &	Last regular work day before Christmas Day
	half day New Year’s Eve	Last regular work day before New Year’s Day
(11)	Christmas Day	December 25
(12)	One floating holiday	Employee’s choice

In selecting the floating holiday the employee’s choice will be granted; provided, that prior approval is given by the immediate supervisor and provided the number of employees selecting a particular day off does not prevent a department or office from providing efficient public service. The floating holiday must be taken during the calendar year or entitlement to the day will be forfeited. New employees must be employed a minimum of six consecutive months to be eligible to take a floating holiday.

(b)    Holidays Occurring on Weekends. Any regular holiday which falls on a Saturday shall be observed on the preceding Friday and any regular holiday which falls on a Sunday shall be observed on the following Monday.

(c)    Worked Holidays. When a regular employee other than uniformed personnel works on a holiday, he/she will be granted one other day of vacation with full pay for each holiday worked. Such vacation days shall be approved in the best interests of the city. (Ord. 3905 § 14, 2003: Ord. 3399 § 7, 1993; Ord. 3350 § 9, 1993; Ord. 2844 § 11, 1984)

3.80.115 Management leave for eligible employees.

(a)    Purpose. The city recognizes that employees who are exempt for purposes of overtime pay often put in hours that extend beyond the standard work week, without additional compensation or compensatory time off, to meet the demands of their position. While some extra work time is an expected component of these positions, the city wishes to provide a benefit in recognition of this service. This section provides for management leave, which is a paid leave for a group of overtime-exempt employees.

(b)    Management Leave Program. The management leave program is a benefit attached to specific employee positions that are part of the city’s MAC group. The MAC group includes designated management and confidential employees. Management leave is made available to certain employees in the MAC group whose positions are exempt from the overtime pay requirements of the federal Fair Labor Standards Act (FLSA). “Management leave” means time off with pay granted to eligible employees and shall be in addition to earned vacation benefits. Management leave is granted in recognition of extraordinary work time required in overtime-exempt positions. Management leave is not intended to be balanced hour for hour with extra time worked.

(c)    Eligibility to Receive Management Leave. For purposes of this section, “eligible employee” means an employee who:

(1)    Is part of the city’s MAC group;

(2)    Is overtime exempt under FLSA as a regular, salaried professional, administrative or executive employee;

(3)    Does not receive overtime pay or compensatory time off and is not covered by an agreement for the city to pay overtime or provide compensatory time off; and

(4)    Is in a position covered by the management leave program.

(d)    Management Leave Schedule. The human resources division shall maintain a list of positions that are eligible for management leave and showing the amount of leave granted. Eligible employees shall be granted management leave according to the following schedule:

(1)    Fifty hours annually—Executive management group (consisting of the city manager, assistant city manager, and department directors);

(2)    Forty hours annually—Managers (consisting of positions designated as managers in the MAC group); and

(3)    Thirty hours annually—Supervisors (consisting of positions designated as overtime-exempt supervisors in the MAC group).

(e)    Management leave shall be prorated for eligible employees who work part-time and for eligible employees who start midyear.

(f)    Procedure for Use. The applicable amount of management leave shall be granted annually at the start of each calendar year. Eligible employees must notify supervisors in advance of the time management leave is to be used and are expected to schedule such absence in a manner which will cause the least impact upon work within their department.

(g)    Payment for Unused Management Leave. Management leave must be used in the year for which it is given. Any employee with management leave hours remaining unused as of November 30th, and who has not by that date received supervisory approval to use such remaining leave during the month of December, shall receive monetary payment in lieu thereof. Such payment will be calculated on the basis of the employee’s regular rate of pay as of November 30th. The city will make such payment by the end of December of that year.

(h)    Payments under this section shall not be included in any calculation of the employee’s average final compensation used to determine the employee’s pension benefit amount or eligibility.

(i)    Upon termination or resignation, an employee shall receive monetary payment in lieu of unused management leave hours. (Ord. 3905 § 15, 2003: Ord. 3735 § 2, 2000)

3.80.120 Other leave.

(a)    Military Leave. In accordance with RCW 38.40.060, any employee who is a member of the Washington National Guard or a federal reserve unit shall be entitled to time off with pay for up to fifteen days during each calendar year while participating in officially ordered military duty. A copy of the employee’s orders shall be placed in the employee’s personnel file.

(b)    Jury or Court Duty. Regular employees and temporary employees that will or have exceeded one thousand and forty hours within six months of hire who are required to serve on a jury or as a result of official city duties are required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or other directive, shall be granted paid leave for the time that the employee needs to be released from regular duties; provided, that the supervisor is promptly notified of the conflict or if the employee is excused from the appearance such as for an afternoon. The employee shall be entitled to his or her regular pay; provided, that the employee shall pay to the city any fee or reimbursement received for such court or jury duty, up to the amount paid as paid leave.

(c)    Leave without Pay. Upon approval by the department director, leave without pay may be granted for a period not to exceed fifteen working days for illness, injury or additional vacation.

(d)    Leave of Absence. Upon the request by the employee, the city manager may grant a leave of absence without pay for a period of not less than three weeks and not more than six months. Approval of such leave shall be in writing and signed by the city manager. No vacation or sick leave benefits or other fringe benefits shall be accrued while an employee is on leave of absence. The employee’s anniversary date will be adjusted by the length of the leave granted. Upon expiration of the leave of absence, the employee shall be reinstated in the position held at the time the leave was granted. Any employee on approved leave of absence may continue his/her medical insurance coverage by paying the full cost to the city in advance for each month of the leave of absence.

(e)    Maternity Leave. Female employees shall be granted maternity leave in accordance with their sick leave benefits. Paid leave will be eligible under Section 3.80.100(b)(1). If additional time is requested, leave of absence without pay or fringe benefits may be granted as prescribed in subsections (c), (d) and (f) of this section.

(f)    Federal and State Family and Medical Leave Acts. Employees shall be granted family and medical leave in accordance with the provisions of the State Family Leave Act, Chapter 49.78 RCW, and the Federal Family and Medical Leave Act of 1993 or as thereafter amended. Family and medical leave granted under either of such Acts shall be unpaid unless otherwise provided therein.

(g)    Leave at Partial Pay. The city manager may grant an employee, except a LEOFF (1) employee, who has successfully completed the probationary period, leave at partial pay not to exceed forty-five days for treatment of the employee’s alcohol, drug, or mental health problems; provided, that the leave does not commence until the employee has exhausted vacation and sick leave. Such treatment program must be recommended by the employee assistance program (EAP) counselor. The employee must agree to the treatment provider, the city, or the EAP counselor conferring about the employee’s progress. The city manager has the authority to set the percentage of regular pay to be paid, which will normally be sixty percent and shall not exceed eighty percent, and to condition the leave on compliance with this chapter. The employee may also be required to follow recommendations of the treatment provider or the EAP counselor for up to one year after the leave begins. For example, the employee could be required to: abstain from alcohol and nonprescription drugs, use prescription drugs only as prescribed by a doctor familiar with the employee’s problems and treatment program, and participate in after-care activities. If the employee fails to comply with the treatment program during the period of leave granted, the employee shall be immediately removed from partial pay leave status and must reimburse the city for partial pay unless the city manager approves a different result based on reports from the treatment program or EAP counselor. If the employee does not meet requirements such as abstinence after returning to work, it is cause for disciplinary action. In addition, the city manager may require that the employee reimburse the city for partial pay. No vacation or sick leave benefits shall accrue during the leave, except that medical insurance coverage will be handled as if the employee were working regularly.

(h)    Bereavement Leave. Bereavement leave shall be granted to an employee in an amount not to exceed five days per year for death in the employee’s immediate family. This paid leave is not cumulative from year to year.

(i)    Administrative Leave. The city manager may grant administrative leave as necessary. (Ord. 3905 § 16, 2003: Ord. 3399 § 8, 1993; Ord. 3350 §§ 10, 11, 1993; Ord. 3120 §§ 9, 10, 1988; Ord. 2844 § 12, 1984)

3.80.130 Management decisionmaking rights.

In matters not covered specifically by language within this chapter, the city management shall have the clear right to make decisions in such areas, on a unilateral basis, and such decisions shall be subject to the grievance procedure. (Ord. 2844 § 13, 1984)

3.80.140 Limitations on gifts.

(1)    No city officer or city employee may accept gifts, other than those specified in subsection (2) of this section, with an aggregate value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources with a value in excess of fifty dollars in accordance with RCW 42.52.150(1); provided, that if the fifty dollar limit in RCW 42.52.150(1) is amended, this section shall be deemed to reflect the amended amount. For purposes of this section, “single source” means any person, corporation, or entity, whether acting directly or through any agent or other intermediary, and “single gift” includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under Section 3.80.030(16). The value of gifts given to an officer’s or employee’s family member or guest shall be attributed to the official or employee for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member or guest.

(2)    The following items are presumed not to influence the vote, action, or judgment of the officer or employee, or be considered as part of a reward for action or inaction, and may be accepted without regard to the limit established by subsection (1) of this section:

(a)    Unsolicited flowers, plants, and floral arrangements;

(b)    Unsolicited advertising or promotional items of nominal value, such as pens and note pads;

(c)    Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;

(d)    Unsolicited items received by a city officer or city employee for the purpose of evaluation or review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of the item;

(e)    Informational material, publications, or subscriptions related to the recipient’s performance of official duties;

(f)    Food and beverages consumed at hosted receptions where attendance is related to the city officer’s or city employee’s official duties;

(g)    Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization;

(h)    Unsolicited gifts from dignitaries from another state or a foreign country which are intended to be personal in nature; and

(i)    Food and beverages on infrequent occasions in the ordinary course of meals where attendance by the officer or employee is related to the performance of official duties.

(3)    The presumption in subsection (2) of this section is rebuttable and may be overcome based on the circumstances surrounding the giving and acceptance of the item. (Ord. 4108 § 2, 2007)

3.80.150 Communicable disease policy.

As an employer, the city is committed to providing a safe workplace for its employees. It is the responsibility of every city employee to provide courteous and fair treatment to the public and fellow employees without discrimination.

The city will continue to provide current information and further educate employees concerning the transmission of and precautions to prevent the transmission of communicable diseases. The city is committed to establish workplace protocols and procedures to protect against unreasonable risks of exposure to communicable diseases.

No employee, without reasonable cause, shall refuse to serve, to work with, or deny the use of city services to any individual solely because the individual is perceived as being at risk of having the HIV antibody virus (AIDS) or has tested positive for the HIV antibody virus or has a communicable disease.

Refusing to work with another employee perceived to be at risk of having the HIV antibody virus or who had tested positive for the HIV antibody virus will be considered insubordination.

An employee’s refusal to deliver city services to an individual who has or is suspected to have a communicable disease will constitute neglect of duty unless the employee can demonstrate that his or her duty would subject him or her to an unreasonable risk of infection.

Employment selection will be in compliance with current policy and procedure. An applicant will not be denied employment due to health status unless it hampers his or her capabilities in performing the required job duties.

No change in the normal working activities of an employee with a life-threatening illness including, but not limited to, the HIV antibody virus, will be made so long as he or she is able to meet acceptable performance standards, and medical evidence indicates the activities do not pose a threat to himself or herself, or to others.

Medical information in personnel and medical records and sensitive information provided to management personnel about an employee who is diagnosed as having a life-threatening illness and/or communicable disease shall be held in strict confidence to the extent allowed by law. (Ord. 3905 § 17, 2003: Ord. 3120 § 11, 1988)

Chapter 3.82
CODE OF ETHICS

Sections:

3.82.010    Declaration of policy.

3.82.020    Definitions.

3.82.030    Use of public property.

3.82.040    Conflict of interest.

3.82.010 Declaration of policy.

This chapter is enacted to establish guidelines for ethical standards of conduct which shall govern the performance of city employees in the conduct of public project work and other city business, and to prevent potential conflicts of interest. (Ord. 2824 § 1, 1984)

3.82.020 Definitions.

Definitions, as used in this chapter, unless additional meaning clearly appears from the content, shall have the meaning subscribed:

(1)    “Employee” means any person holding a regularly compensated position of employment with the city, but does not include members of the city council and persons who serve without compensation on city boards and commissions.

(2)    “Interest” means direct or indirect monetary or material benefit accruing to a city employee as a result of a contract or transaction which is or may be the subject of an official act or action by or with the city, except for such contracts or transactions which confer similar benefits to all other persons and/or property similarly situated. For the purpose of this chapter, an employee shall have an interest in the affairs of:

(A)    Any person of the employee’s family or any person with whom the employee has a close or ongoing business or social relationship;

(B)    Any business entity in which the city employee is an officer, director or employee;

(C)    Any business entity in which the stock, or legal or beneficial ownership, in excess of five percent of the total stock, legal or beneficial ownership, is controlled or owned directly or indirectly by the employee;

(D)    Any person or business entity with whom a contractual relationship exists with the employee, provided that a contractual obligation of less than five hundred dollars, or a commercially reasonable loan made in the ordinary course of business or a contract for a commercial retail sale shall not create an interest in violation of this chapter. (Ord. 2824 § 2, 1984)

3.82.030 Use of public property.

No city employee shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit. Use is to be restricted to such services as are available to the public generally or for the authorized conduct of official business, and for such purposes and under such conditions as directed by the city manager. (Ord. 2824 § 3, 1984)

3.82.040 Conflict of interest.

No city employee shall engage in any act which is in conflict with, or creates an appearance of conflict with, the performance of official duties. An employee is deemed to have a conflict of interest if the employee:

(1)    Receives or has any financial interest in any sale to the city of any service or property when such financial interest was received with prior knowledge that the city intended to purchase such property or obtain such service;

(2)    Solicits, accepts or seeks anything of economic value as a gift, gratuity, or favor from any person, firm or corporation involved in a contract or transaction which is or may be the subject of official action of the city; provided, that the prohibition against gifts or favors shall not apply to:

(A)    Attendance of an employee at a hosted meal when it is provided in conjunction with a meeting directly related to the conduct of city business or where official attendance by the employee as a staff representative is appropriate.

(B)    An award publicly presented in recognition of public service; or

(C)    Any gift which would have been offered or given to the employee if he or she were not a city employee;

(3)    Participates in his or her capacity as a city employee in the making of a contract in which he or she has a private pecuniary interest, direct or indirect, or performs in regard to such a contract some function requiring the exercise of discretion on behalf of the city;

(4)    Influences the city’s selection of, or its conduct of business with, a corporation, person or firm having business with the city if the employee has financial interest in or with the corporation, person or firm;

(5)    Engages in, accepts private employment from or renders services for private interest when such employment or service is incompatible with

the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties;

(6)    Appears on behalf of a private person, other than his or herself or an immediate family member or except as a witness under subpoena, before any regulatory governmental agency or court of law in an action or proceeding to which the city or a city officer in an official capacity is a party, or accepts a retainer or compensation that is contingent upon a specific action by the city;

(7)    Discloses or uses, without legal authorization, confidential information concerning the property or affairs of the city to advance a private interest with respect to any contract or transaction which is or may be the subject of official action of the city;

(8)    Has a financial or personal interest in any legislation coming before the city council, participates in discussion with or gives an official opinion to the city council, unless the employee discloses on the record of the council, the nature and extent of such interest;

(9)    Holds, directly or indirectly, for purposes of personal financial gain, investment or speculation, any interest in real property situated within the city, if such employee in the course of his or her official duties performs any function requiring the exercise of discretion on behalf of the city in regard to the regulation of land use or development; provided, that this prohibition shall not apply to:

(A)    Real property devoted to the personal use or residence of the employee or member of the employee’s immediate family; or

(B)    Any other interest in real property held by the employee on the date of enactment of this chapter. (Ord. 2824 § 4, 1984)

Chapter 3.84
PUBLIC RECORDS AND PROCEDURES

(Repealed by Ord. 4113)

Chapter 3.85
PURCHASING

Sections:

3.85.010    Purpose.

3.85.020    Definitions.

3.85.030    Administrative responsibility.

3.85.040    Procurement standards.

3.85.050    Ethical standards of conduct.

3.85.060    Personal responsibility for unauthorized purchases.

3.85.070    Methods of procurement.

3.85.080    Small purchase.

3.85.090    Invitation for bids/requests for proposals.

3.85.100    Invitation for bids.

3.85.110    Request for proposal/request for qualifications.

3.85.120    Public notice advertising.

3.85.130    Bid/proposal acceptance and evaluation.

3.85.140    Bid/proposal correction.

3.85.150    Bid/proposal protest—Procedure.

3.85.160    Application.

3.85.170    Small works roster process.

3.85.180    Cooperative purchasing.

3.85.190    Purchases from/through the United States government.

3.85.200    Electronic data processing and telecommunications systems.

3.85.210    Waiver of competitive bidding requirements.

3.85.220    Contract amendments/change orders.

3.85.230    Bonding policy.

3.85.240    Environmentally preferable purchasing practices.

3.85.250    Purchase record maintenance.

3.85.010 Purpose.

It is the purpose of this chapter to provide procedures governing the purchase of all goods, services and public works by the city in compliance with all state and federal laws applicable to such purchases. (Ord. 4105 § 1 (part), 2007)

3.85.020 Definitions.

(a)    “Director” means the director of finance and administration or his/her designee.

(b)    “Emergency” means unforeseen circumstances beyond the control of the city that either presents a real, immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury or loss of life if immediate action is not taken.

(c)    “Electronic data processing systems” and “telecommunications systems” means as defined in RCW 36.92.020 and 19.28.400, respectively, or as otherwise defined for the purposes of RCW 39.04.270.

(d)    “Goods” means all materials, supplies, equipment or other tangibles not purchased for use in a public works project.

(e)    “Lowest responsible bidder” is as defined in RCW 43.19.1911 and means, in addition to price, that the following elements shall be given consideration:

(1)    The ability, capacity, and skill of the bidder to perform the contract or provide the service required;

(2)    The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(3)    Whether the bidder can perform the contract within the time specified;

(4)    The quality of performance of previous contracts or services;

(5)    The previous and existing compliance by the bidder with laws relating to the contract or services;

(6)    Such other information as may be secured having a bearing on the decision to award the contract.

(f)    “Public works” as defined in RCW 39.04.010 means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the city or which is by law a lien or charge on any property therein. All public works, including maintenance when performed by contract, shall comply with the provisions of RCW 39.12.020. (Ord. 4105 § 1 (part), 2007)

3.85.030 Administrative responsibility.

(a)    The director is responsible for oversight and administration of city purchasing. The director has the authority to appoint a purchasing agent to undertake administrative responsibility for the efficient and economical procurement of goods, services and public works as provided in this chapter.

(b)    The director may delegate purchasing authority to other department directors for direct, nonrecurring, non-public works purchases under seven thousand five hundred dollars, which shall be exercised as a small purchase. (Ord. 4105 § 1 (part), 2007)

3.85.040 Procurement standards.

The following standards shall be applicable to city procurements:

(a)    A review of all proposed procurements shall be done by purchasing staff and/or the appropriate budget authority for the purpose of, including but not

limited to, avoiding the purchase of unnecessary or duplicative items and for consolidating procurements when appropriate to obtain a more economical purchase.

(b)    The purchasing agent or designee shall be responsible for analyzing procurements to determine whether or not a lease arrangement may be more economically practical than the purchase alternative. All lease agreements must be approved by the director.

(c)    Time and material type contracts shall be used only after a determination that no other type of contract is suitable and when the contract includes a ceiling price, which the contractor shall not exceed, except at its own risk.

(d)    When using a liquidated damages provision in a contract, the project manager shall document the derivation of the rate of assessment and ensure it is reasonable, proper, and not arbitrary and capricious. The rate should be enough to reasonably compensate the city for damages suffered, but not so large as to be construed as a penalty.

(e)    When contracting for professional services, the contract shall limit the total of the base and option time periods to not more than five years, unless otherwise approved by the city council. Prices for each base and option time period shall be firm and fixed wherever possible and shall be established in the initial contract negotiation and execution. If it is not possible to establish firm, fixed prices, changes in the option period prices shall be tied to a well-known, published pricing index, such as the appropriate Consumer Price Index.

(f)    Advance funding payments made to a contractor prior to the incurring of costs by the contractor shall be prohibited. Progress or percentage of completion payments made to a contractor while work is being performed by the contractor may be allowed if deemed appropriate for the project.

(g)    Project managers and purchasing staff shall work together to ensure contractors perform in accordance with the terms and conditions, and specifications of their contract or purchase order.

(h)    All contracts must contain a provision allowing the city to terminate the contract. Ideally, the provision will authorize such termination without cause but, in lieu of this ideal, a provision allowing termination for cause is acceptable if approved by the city attorney’s office. A provision in a single contract authorizing termination without cause in certain circumstances and termination only for cause in others is also acceptable upon approval by the city attorney’s office. (Ord. 4105 § 1 (part), 2007)

3.85.050 Ethical standards of conduct.

(a)    All purchasing shall be conducted in compliance with the code of ethics set forth in Chapter 3.82 of the Kirkland Municipal Code and other applicable law.

(b)    Organizational conflicts of interest shall be avoided. An organizational conflict of interest exists when a supplier, consultant or contractor provides the specifications to be used in a planned procurement and is then allowed to compete in the procurement process. (Ord. 4105 § 1 (part), 2007)

3.85.060 Personal responsibility for unauthorized purchases.

City employees who exceed their designated purchasing authority and obligate the city to a financial commitment which results in a financial loss to the city may be held personally responsible. The city shall be entitled to recover the full amount of such a loss from the employee. (Ord. 4105 § 1 (part), 2007)

3.85.070 Methods of procurement.

Procurement shall be achieved by one of the following methods:

(a)    Small purchase;

(b)    Invitation for bids (IFB);

(c)    Request for proposals (RFP) and request for qualifications (RFQ) for competitive negotiations;

(d)    Small works roster option for public works projects less than two hundred thousand dollars authorized by RCW 39.04.155, including the limited public works option for projects under thirty-five thousand dollars;

(e)    Cooperative purchasing;

(f)    Electronic data processing and telecommunications systems as provided by RCW 39.04.270;

(g)    Waiver of competitive bidding requirements as provided by RCW 39.04.280;

(h)    By the city manager as allowed under Sections 3.16.040 and 3.16.050;

(i)     As otherwise allowed by law and approved by the director. (Ord. 4105 § 1 (part), 2007)

3.85.080 Small purchase.

(a)    Small purchase procedures shall be used for purchases of goods, services and multiple craft or trade public works when it is expected the total price will not exceed fifty thousand dollars (thirty thousand dollars for single craft or trade public works), including sales tax and freight, except as otherwise allowed in Sections 3.85.190 and 3.85.200. Procurement requirements shall not be artificially divided so as to constitute a small purchase under this section. The director of the department making these purchases is authorized to make such purchases without further approval if the total price will not exceed fifty thousand dollars so long as done in compliance with the procedures herein outlined. All purchases of fifty thousand dollars or more shall be signed by the city manager or designee.

(b)    For goods and services, price quotations shall be obtained and documented from at least three sources, where possible, if the total price is expected to be between seven thousand five hundred dollars and fifty thousand dollars including sales tax and freight, except as otherwise allowed in this chapter. All awards to other than the lowest responsible bidder must be documented on the quote sheet with selection rationale clearly defined. For goods and non-public work services under seven thousand five hundred dollars, formally documented price quotations shall be unnecessary, but it is expected that competitive pricing shall be sought in the best interests of the city.

(c)    For public works projects that are street signalization or street lighting, under thirty thousand dollars involving a single craft or trade, or under fifty thousand dollars if involving multiple crafts or trades, three written quotations must generally be obtained. The small works/limited public works process is recommended for obtaining quotes.

(1)    If it is necessary or advisable that public works projects that are street signalization, street lighting, under thirty thousand dollars for a single craft or trade or under fifty thousand dollars for multiple crafts or trades, should be done without obtaining competitive quotes, the appropriate director or designee may waive in writing the requirement of obtaining quotes.

(2)    For any public work which is not competitively bid and where the cost is estimated to exceed twenty-five thousand dollars, notice providing the estimated cost and a description of the work will be published at least once in a legal newspaper of general circulation in the area where the work will be performed and at least fifteen days before beginning work.

(d)    The purchasing agent shall be responsible for determining the adequacy of quotations for small purchases. So long as the authorization exists within the budget appropriation for the small purchase, the manager or director with the appropriate budget authority shall not be required to obtain further approval by the city council prior to the commitment and expenditure of funds.

(e)    Price quotations for repetitively purchased items that are purchased within one year of the last procurement of that exact item(s) shall be unnecessary provided the prior competitively quoted purchase price has not changed.

(f)    In accordance with RCW 39.04.190, the purchasing agent will publish a notice twice per year in the city’s designated official newspaper advising potential bidders of the existence of the vendor list used by the city. The vendor list is to be used for the purpose of identifying suppliers interested in being provided the opportunity to quote on small purchases for materials, equipment, supplies and routine services. (Ord. 4111 § 2, 2007: Ord. 4105 § 1 (part), 2007)

3.85.090 Invitation for bids/requests for proposals.

(a)    Unless another method of procurement is authorized in this chapter or by other law, IFB/RFP/RFQ procedures shall be used for the purchase of goods and services when it is estimated the total price will exceed fifty thousand dollars, including any applicable sales tax and freight charges. The IFB process shall also be used for public works projects in excess of thirty thousand dollars that involve only a single craft or trade and in excess of fifty thousand dollars for those involving multiple crafts or trades.

(b)    A pre-submission conference may be held when conducting the IFB, RFP or RFQ process. The pre-submission conference is for the purpose of answering questions and clarifying the requirements and specifications relevant to the procurement. Notice for such pre-submission conference shall be advertised and stated in the public notice and the general requirements for the invitation for bids, request for proposals or request for qualifications. (Ord. 4105 § 1 (part), 2007)

3.85.100 Invitation for bids.

(a)    An invitation for bids (IFB) shall be used in all cases where adequate information exists to form a complete and realistic bid specification, where the procurement lends itself to a firm, fixed-price dollar amount, and where award can be made principally on the basis of selecting the lowest responsible bidder. All awards to other than the low bidder must be authorized by law, documented on the bid sheet or where appropriate and with the selection rationale clearly set forth.

(b)    The city manager may request that the city council authorize a call for bids for goods, services or public works estimated to have a total cost of more than fifty thousand dollars, which must be executed by the city manager or his/her designee.

(c)    Bids shall be opened and read publicly at the time and place designated in the IFB notice.

(d)    The name and address of each bidder, the bid price and any other relevant information as may be specified in the IFB shall be read aloud and recorded in the minutes of the bid opening.

(e)    It shall also be announced that the bid review will be completed by city staff and the expected date given when the city council shall meet to award the contract.

(f)    The IFB shall specify the city’s right to postpone the award of the contract or to reject any or all bids.

(g)    The city council will award all contracts for goods, routine services or public works determined to be more than fifty thousand dollars.

(h)    The purchase record, bid sheet, minutes of the bid opening and each bid, to the extent allowed by law, shall be open to public inspection following contract award. (Ord. 4105 § 1 (part), 2007)

3.85.110 Request for proposal/request for qualifications.

(a)    A request for proposal (RFP) or request for qualifications (RFQ) shall be used when the procurement lacks definite specifications, when proposals are sought for the purpose of establishing a bid specification, when the goods or services being procured involve creative design or professional administration, and/or when subjective criteria is considered in the contract award, which is made in the best interests of the city.

(b)    When proposals are sought for the purpose of establishing a bid specification, it shall so state in both the public notice and in the RFP or RFQ.

(c)    The RFP or RFQ shall identify all significant evaluation factors and their relative weighted importance.

(d)    Verbal interviews with any proposer who has submitted a proposal may be conducted to determine the capabilities of the proposer and their understanding of the city’s needs.

(e)    Contracts in excess of fifty thousand dollars resulting from the RFP or RFQ process may be awarded by and executed by the city manager or his/her designee. The city manager/designee may elect to recommend award of the contract by the city council.

(f)    Except where prohibited by law, proposals shall be reviewed privately with strict confidentiality regarding all evaluative factors maintained throughout the review process. The evaluation committee will grade all factors, with their consensus recorded on the proposal tabulation worksheet.

(g)    The purchase record, proposal tabulation worksheet and each proposal, to the extent allowed by law, shall be open to public inspection following contract award. (Ord. 4105 § 1 (part), 2007)

3.85.120 Public notice advertising.

(a)    With all procurements using the IFB/RFP/RFQ process, the purchasing agent shall cause a public notice inviting bids or requesting proposals or qualifications to be posted on the city’s website and published in the appropriate publication(s) at least once, and at least fourteen calendar days prior to the bid/proposal opening.

(b)    The notice shall state generally the item to be purchased and/or the service to be performed, the location of the plans and specifications, if any, the pre-bid conference date and location (if one is held), the bid/proposal opening date and time, and to whom the bid/proposal is to be submitted. (Ord. 4105 § 1 (part), 2007)

3.85.130 Bid/proposal acceptance and evaluation.

(a)    Bids received by the published due date and time shall be unconditionally accepted without alteration or correction. Award shall be made to the lowest responsible bidder based on the requirements set forth in the IFB.

(b)    Proposals received by the published due date and time shall be unconditionally accepted without alteration or correction. Submissions shall be evaluated based on the requirements set forth in the RFP/RFQ, which may include but are not limited to criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, suitability for a particular purpose, and pre-award survey of the proposer’s facilities. Those criteria that will affect the price and will be considered in evaluation for award as determined by the city shall be objectively measurable, including but not limited to discounts, sales tax, transportation costs, installation costs, and total project or life cycle costs.

(c)    In addition to the foregoing, the following elements may be considered in the evaluation of proposals:

(1)    The ability, capacity and skill of the proposer to perform the contract or provide the service required;

(2)    The character, integrity, reputation, judgment, experience and efficiency of the proposer;

(3)    The proposer’s proposed method for assuring timely and acceptable performance of the work;

(4)    The quality of performance by the proposer on previous contracts with the city or another public agency, including but not limited to the relative costs, burdens, time and effort necessarily expended by the city or another public agency in securing satisfactory performance;

(5)    The previous and existing compliance by the proposer with laws relating to the contract or services;

(6)    The proposer’s management system to be applied in performing the work and the reasonableness of the resources to be applied;

(7)    Such other information as may be secured having a bearing on the decision to award the contract.

(d)    A committee may be selected to conduct the technical evaluation of the proposals received and shall make a recommendation for contract award to the city council based upon each of the evaluation elements in accordance with the weighted importance of each element as determined by the project manager and purchasing agent prior to the solicitation. The relative positions and evaluation points are totaled for each evaluation element or category, and the proposer with the highest overall total of evaluation points shall be recommended for contract award.

(e)    After the initial tabulation of evaluated proposals, the most qualified competitor may be selected subject to negotiation of fair and reasonable compensation. (When evaluating RFQs, price shall not be considered as an evaluation factor in determining the most qualified proposer.) Price negotiation shall be conducted with only the most qualified proposer. Failing agreement on price, negotiations with the next most qualified proposer may be conducted until a contract award can be made to the most qualified proposer whose price is fair and reasonable to the city. (Ord. 4105 § 1 (part), 2007)

3.85.140 Bid/proposal correction.

(a)    Except in the case of competitive negotiation, no changes in price or other provisions of bids or proposals shall be permitted after opening unless an error is obvious. An obvious error is one which can be clearly established from mathematical extension or tabulation shown in the bid documents submitted with the bid. An error in a mathematical extension, reported by a bidder but not shown in the bid documents, does not constitute an obvious error. Bidders are presumed to submit correct tabulations and specifications.

(b)    Minor informalities and irregularities in the bid/proposal may be waived by the city. (Ord. 4105 § 1 (part), 2007)

3.85.150 Bid/proposal protest—Procedure.

(a)    Types of protests include:

(1)    Protests based on specifications or other requirements of the bidding/proposal process that are made by any prospective bidder/proposer prior to opening the bids/proposals.

(2)    Protests following the bid/proposal opening that are made by any bidder or proposer who has made a submittal and has a substantial financial interest in the solicitation or award of the contract.

(b)    In order to be considered, a protest shall be in writing, addressed to the purchasing agent, and include:

(1)    The name, address and phone number of the bidder or proposer protesting, or the authorized representative of the bidder or proposer;

(2)    The invitation for bid or request for proposals/qualifications number and/or title under which the protest is submitted;

(3)    A detailed description of the specific grounds for protest and any supporting documentation. It is the responsibility of the protesting bidder/proposer to supplement its protest with any subsequently discovered documents prior to the purchasing agent’s decision;

(4)    The specific ruling or relief requested; and

(5)    Evidence that all persons with a financial interest in the procurement have been given notice of the protest or if such persons are unknown, a statement to that effect.

(c)    Protests based on specifications or other terms in the RFP, RFQ or IFB documents which are apparent on the face of said documents must be received by the city no later than ten calendar days prior to the date established for submittal of bids/proposals. Protests based on other circumstances must be received by the city within five calendar days after the protesting bidder/proposer knows or should have known of the facts and circumstances upon which the protest is based. In no event shall a protest be considered if all bids/proposals are rejected or after award of the contract.

(d)    Upon receipt of a timely written protest, the purchasing agent shall investigate the protest and shall respond in writing to the protest prior to the award of contract. The decision of the purchasing agent shall be final.

(e)    In the event the protest is from a bidder for a public works project which is the subject of competitive bids, the city shall not execute the contract for the project with anyone other than the protesting bidder without first providing at least two full business days’ written notice of the municipality’s intent to execute the contract for the project; provided, that the protesting bidder submits notice in writing of its protest no later than two full business days following bid opening. Intermediate Saturdays, Sundays, and legal holidays are not counted.

(f)    Failure to comply with the protest procedures set forth herein may render a protest untimely or inadequate and may result in rejection thereof by the city. (Ord. 4105 § 1 (part), 2007)

3.85.160 Application.

Consistent with RCW 35.21.120, this chapter does not apply to solid waste collection or recycling services. (Ord. 4164 § 1, 2008)

3.85.170 Small works roster process.

(a)    In accordance with the procedures set forth in RCW 39.04.155, contracts for public works projects with a total cost, including applicable taxes, between seven thousand five hundred dollars and two hundred thousand dollars may be awarded using the small works roster process.

(b)    The limited public works process as defined in RCW 39.04.155(3) may also be used for projects estimated to cost less than thirty-five thousand dollars. Using this process, quotes are solicited from a minimum of three contractors found in the appropriate category of work in the small works roster. The performance and payment bond requirements and retainage requirements may be waived by the city.

(c)    Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. However, if only five quotations are sought and the estimated cost of the work is from one hundred thousand dollars to two hundred thousand dollars, the city must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. Such notice must be published in a legal newspaper of general circulation, mailed to these other contractors or sent by facsimile or other electronic means.

(d)    At least once a year, the city shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added to an appropriate roster or rosters at any time that they submit a written request and necessary records.

(e)    The city is authorized to participate with other local governments in the use of a multijurisdictional small works roster. The lead entity for the multijurisdictional small works roster must be clearly identified in the interlocal agreement as being responsible for implementing the provisions of RCW 39.04.155(2).

(f)    A formal public bid opening is not required when using the small works roster process. However, no interested party shall be unreasonably denied the opportunity to be present when bids are opened.

(g)    Contracts for small works roster bids between fifty thousand dollars and two hundred thousand dollars will be awarded by the city council at the next scheduled council meeting following staff recommendation, unless continued by the city council.

(h)    In accordance with RCW 39.04.200, the purchasing agent will, at least once every year, make available to the public a list of the contracts awarded using the small works roster process during the previous year. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection. (Ord. 4105 § 1 (part), 2007)

3.85.180 Cooperative purchasing.

(a)    With the approval of the city council, the purchasing agent may enter into interlocal cooperative purchasing agreements with other public agencies. The interlocal cooperative purchasing agreements must be in accordance with the provisions set forth in Chapter 39.34 RCW as currently written or hereafter amended.

(b)    When purchasing off of a contract awarded by another public agency where an interlocal cooperative purchasing agreement is in place, any statutory obligation to provide notice for bids or proposals that applies to the city is satisfied if the public agency or group of public agencies that awarded the bid, proposal, or contract complied with its own legal requirements and either posted the bid or solicitation notice on a website established and maintained by the public agency for purposes of posting public notice of bid or proposal solicitations or provided an access link on the state’s web portal to the notice.

(c)    Invitations for bids for goods and services and requests for proposals issued by the city may include notice that the city participates in cooperative purchasing and that other public agencies may desire to place orders against the awarded contract. Bidders/proposers may be asked to indicate if they agree to allow orders from other public agencies that have an interlocal cooperative purchasing agreement with the city.

(d)    Contracts/purchase orders in excess of fifty thousand dollars resulting from the cooperative purchasing process will be awarded by the purchasing agent. (Ord. 4105 § 1 (part), 2007)

3.85.190 Purchases from/through the United States government.

(a)    In accordance with RCW 39.32.090, this chapter allows for the purchase of supplies, materials and/or equipment from or through the United States government without calling for competitive bids.

(b)    The purchasing agent is responsible for reviewing the proposed purchase to determine that the purchase is in the best interests of the city.

(c)    Under this section, purchases made in excess of fifty thousand dollars must be approved by the city manager or his/her designee. (Ord. 4105 § 1 (part), 2007)

3.85.200 Electronic data processing and telecommunications systems.

(a)    The city may purchase electronic data processing or telecommunication equipment, software, or services through competitive negotiation rather than through competitive bidding.

(b)    Competitive negotiation, for the purposes of this section, shall include, as a minimum, the following requirements:

(1)    A request for proposal shall be prepared and submitted to an adequate number of qualified sources, as determined by the municipality in its discretion, to permit reasonable competition consistent with the requirements of the procurement. Notice of the request for the proposal must be published in a newspaper of general circulation in the municipality at least thirteen days before the last date upon which proposals will be received. The request for proposal shall identify significant evaluation factors, including price, and their relative importance.

(2)    The municipality shall provide reasonable procedures for technical evaluation of the proposals received, identification of qualified sources, and selection for awarding the contract.

(c)    The award shall be made to the qualified bidder whose proposal is most advantageous to the municipality with price and other factors considered. The municipality may reject any and all proposals for good cause and request new proposals. (Ord. 4105 § 1 (part), 2007)

3.85.210 Waiver of competitive bidding requirements.

(a)    The competitive bidding requirements set forth in this chapter may be waived by the city manager or designee. However, if the cost exceeds fifty thousand dollars, the city manager or designee must provide the city council with documentation of the rationale for waiving the competitive bidding requirements. Competitive bidding requirements may be waived for:

(1)    Purchases that are clearly and legitimately limited to a single source of supply;

(2)    Purchases involving special facilities or market conditions;

(3)    Purchases of insurance or bonds; and

(4)    Purchases of goods, services or public works in the event of an emergency.

(b)    Immediately after the award of any contract under this section, to the extent allowed by law, the contract and the factual basis for the exception must be recorded and open to public inspection.

(c)    If an emergency exists, the city manager or designee may declare an emergency situation exists, waive competitive bidding requirements and award all necessary contracts on behalf of the municipality to address the emergency situation. If a contract is awarded without competitive bidding due to an emergency, a written finding of the existence of an emergency must be made by the city manager and entered of record by reporting to the city council no later than two weeks following the award of the contract.

(d)    In accordance with RCW 39.04.020, upon the written determination by the city manager of an emergency for the procurement of any public work in excess of twenty-five thousand dollars, a description and estimate of the cost of such work shall be published within seven working days after commencement of the work. (Ord. 4105 § 1 (part), 2007)

3.85.220 Contract amendments/change orders.

(a)    Amendments are changes to professional service agreements, contracts for goods and contracts for routine maintenance.

(1)    If an amendment increases the total value of the contract, the contract amendment must be approved by the appropriate authority based on the new value of the contract. Any amendment that takes a contract value over fifty thousand dollars requires the approval of the city manager. The city manager may choose to seek additional council approval.

(2)    Contracts awarded by the council may also authorize negotiation of amendments without further council approval being needed.

(3)    Amendments that do not change the total value of the contract (e.g., extended duration) may be approved by the department director.

(b)    Change orders are changes made to a public works contract.

(1)    Public Works Under Fifty Thousand Dollars.

(A)    Department directors or their designees are authorized to approve public works contract change orders where the total value of the contract plus the change order remains below fifty thousand dollars.

(2)    Public Works Over Fifty Thousand Dollars.

(A)    Change orders, cumulatively or singly, that do not exceed the project’s contingency funding may be approved by the department director or their designee.

(B)    Change orders that cumulatively or singly increase the value of a contract to exceed the project’s contingency funding by twenty-five thousand dollars or less require the approval of the city manager. The city manager may choose to seek additional approval from the council.

(C)    The council must approve change orders that increase the value of the contract to more than twenty-five thousand dollars beyond the project’s contingency funding. (Ord. 4105 § 1 (part), 2007)

3.85.230 Bonding policy.

(a)    For all public works contracts, the following minimum bonding requirements shall be met for each procurement:

(1)    A bid deposit in the form of a bid bond or certified check in an amount equal to at least five percent of the total bid must be enclosed with the submitted sealed bid if the bid is in excess of fifty thousand dollars.

(2)    A performance and payment bond for one hundred percent of the total contract price shall be received from the successful contractor prior to contract award for all contracts in excess of thirty-five thousand dollars.

(b)    On public works contracts of thirty-five thousand dollars or less, at the option of the contractor, the city may, in lieu of a performance and payment bond, retain fifty percent of the contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the Department of Revenue and settlement of any liens fixed under Chapter 60.28 RCW, whichever is later.

(c)    If the limited public works process allowed under Section 3.85.170(b) is used, the city may waive the requirements for performance and payment bond and retainage.

(d)    The purchasing agent, in consultation with the project manager, city attorney’s office and risk management coordinator as needed, shall have authority to determine amounts of protective bid guarantees for all purchases in the best interests of the city. (Ord. 4111 § 3, 2007: Ord. 4105 § 1 (part), 2007)

3.85.240 Environmentally preferable purchasing practices.

(a)    When specifying products to be purchased, staff should give consideration to products that have a lesser or reduced effect on health and the environment when compared with other products that serve the same purpose.

(b)    The environmental attributes of a product are to be an additional consideration in the buying decision along with such traditional factors as price, performance, quality, and service.

(c)    It is the responsibility of purchasing staff to:

(1)    Monitor information from the state of Washington and other public agencies on environmentally preferable purchasing initiatives.

(2)    Attend periodic training sessions and workshops on the purchasing of environmentally preferable products to learn of new developments in this area.

(3)    Solicit information from vendors representing environmentally preferable products to become better aware of available products.

(4)    Communicate opportunities for the purchase of environmentally preferable products to city staff. (Ord. 4105 § 1 (part), 2007)

3.85.250 Purchase record maintenance.

(a)    The purchasing department shall maintain or be afforded access to all records sufficient to detail the significant history of a procurement. These records will include, but are not limited to, the following:

(1)    The rationale for the method of procurement.

(2)    The selection of contract type and evaluation criteria.

(3)    Contractor selection or rejection, and rationale.

(4)    The basis for the contract price.

(5)    The bid tabulation or proposal evaluation worksheet.

(6)    All documented communication with potential contractors, prior to the bid opening date.

(7)    Advertising affidavits of publication.

(8)    Bidder’s lists, with names, addresses, and telephone numbers.

(9)    All bids or proposals received. (Ord. 4105 § 1 (part), 2007)

Chapter 3.86
SALE AND DISPOSAL OF PERSONAL PROPERTY

Sections:

3.86.010    Sale of unneeded property owned by the city.

3.86.020    Sale of personal property of one thousand dollars in value or less or to another governmental entity.

3.86.030    Sale of personal property over one thousand dollars in value.

3.86.040    Bid deposit for the sale of personal property over one thousand dollars in value.

3.86.050    Bid opening in the sale of personal property over one thousand dollars in value.

3.86.060    Award or rejection of bids in the sale of personal property over one thousand dollars in value.

3.86.065    When bids rejected or no bids received.

3.86.010 Sale of unneeded property owned by the city.

The city manager may authorize department directors to sell property owned by the city and which is in the custody of their departments when they have certified in writing to the city manager or to the purchasing agent that said properties are no longer of public use to the city, or that the sale thereof would be in the best interests of the city. (Ord. 2934 § 1 (part), 1986: Ord. 2339 § 1 (part), 1977)

3.86.020 Sale of personal property one thousand dollars in value or less or to another governmental entity.

Approval of the council is not required for the sale or disposition of any personal property:

(1)    With an estimated value of one thousand dollars or less; or

(2)    To another governmental entity to be used by that entity; when such property has been certified for disposition by the city manager; such sale or disposition to be made by the purchasing agent in accordance with informal procedures and in the best interest of the city. (Ord. 2934 § 1 (part), 1986: Ord. 2534 § 1, 1980: Ord. 2339 § 1 (part), 1977)

3.86.030 Sale of personal property over one thousand dollars in value.

The purchasing agent, upon receipt of written instruction from the city manager or his authorized agent to sell personal property owned by the city valued at more than one thousand dollars, shall call for sealed bids and shall contain a description of the property to be sold, the location thereof, the name and address of the person with whom the bid is to be filed, the last date for filing bids, and other pertinent information. Such call shall be published at least once in a newspaper of general circulation in the city not less than five days before the last date for filing of bids. (Ord. 2934 § 1 (part), 1986: Ord. 2339 § 1 (part), 1977)

3.86.040 Bid deposit for the sale of personal property over one thousand dollars in value.

Each bid shall be accompanied by a deposit in the form of a certified check in an amount equal to not less than ten percent of the amount of the bid. All such deposits so made shall be returned to the unsuccessful bidders depositing the same after award of contract has been made. The deposit of the successful bidder shall be applied upon the price, or upon failure of such bidder to consummate the purchase, such deposit shall be forfeited as liquidated damages and such deposit so forfeited shall be credited to the appropriate account. (Ord. 2934 § 1 (part), 1986: Ord. 2339 § 1 (part), 1977)

3.86.050 Bid opening in the sale of personal property over one thousand dollars in value.

Sealed bids shall be opened in public by the purchasing agent or his authorized agent at the time and place specified in the call for bids. The purchasing agent shall make a tabulation of all bids received and forward the bids to the city manager. (Ord. 2934 § 1 (part), 1986: Ord. 2339 § 1 (part), 1977)

3.86.060 Award or rejection of bids in the sale of personal property over one thousand dollars in value.

The city manager shall present all bids, together with recommendations, to the city council at a regularly scheduled meeting for approval or rejection by the council. (Ord. 2934 § 1 (part), 1986: Ord. 2339 § 1 (part), 1977)

3.86.065 When bids rejected or no bids received.

In the event no bids are received or all bids received are rejected by the city council then the council may either ask for new sealed bids or direct the sale or disposition of such surplus property under the procedures adopted pursuant to Section 3.86.020. (Ord. 2934 § 1 (part), 1986: Ord. 2339 § 1 (part), 1977)

Chapter 3.88
UNCLAIMED PROPERTY

Sections:

3.88.010    Sale authorized.

3.88.015    Trash not retained.

3.88.020    Notice of sale.

3.88.030    Disposition of proceeds.

3.88.040    Reimbursement to owner.

3.88.050    Unclaimed money.

3.88.010 Sale authorized.

Whenever any personal property comes into the possession of the police department of the city in connection with the official performance of their duties and said personal property remains unclaimed or not taken away for a period of sixty days from date of written notice to the owner thereof, if known, and in all other cases for a period of sixty days from the time the property came into possession of the police department of the city, unless said property has been held as evidence in any court, then, in that event, after sixty days from date when the case has been finally disposed of and the property released as evidence by order of the court, the city may at any time thereafter sell the personal property at public auction to the highest bidder for cash in the manner hereinafter provided. (Ord. 2269 § 1, 1974: Ord. 2228 § 1, 1973)

3.88.015 Trash not retained.

Whenever personal belongings come into the possession of or are turned over to the police department, such as by a tow truck operator, the police department may determine that certain items have insubstantial commercial value or are trash or garbage. Such items need not be handled as provided in Section 3.88.010 and may be immediately disposed of or destroyed. (Ord. 2975 § 6, 1986)

3.88.020 Notice of sale.

Before said personal property is sold, if the name and address of the owner thereof is known, at least ten days’ notice of such sale shall be given him, either personally or by leaving a written notice at his residence or place of doing business with some person of suitable age and discretion then resident or employed therein; or if the name or residence of the owner is not known, a notice of such sale fixing the time and place thereof, which shall be at a suitable place, which will be noted in the advertisement for sale, and containing a description of the property to be sold shall be published at least once in the official newspaper of the city at least ten days prior to the date fixed for the sale. The notice shall be signed by the chief of police. If the owner fails to reclaim the property prior to the time fixed for the sale in such notice, the chief of police or his designee shall conduct the sale and sell the property described in the notice at public auction to the highest and best bidder for cash, and upon payment of the amount of such bid shall deliver the property to such bidder. (Ord. 2805 § 1, 1984)

3.88.030 Disposition of proceeds.

The moneys arising from sales under the provisions of this chapter shall be first applied to the payment of the costs and expenses of the sale and then to the payment of lawful charges and expenses for the keep of the personal property, and the balance, if any, shall be paid into the city current expense fund. (Ord. 2228 § 3, 1973)

3.88.040 Reimbursement to owner.

If the owner of the personal property so sold, or his legal representative, shall, at any time within three years after such money has been deposited in the city current expense fund or with the director of finance, demand, he or they shall be entitled to receive from the city current expense fund the amount so deposited therein. (Ord. 3573 § 21, 1997: Ord. 2269 § 2, 1974: Ord. 2228 § 4, 1973)

3.88.050 Unclaimed money.

When any money brought to the police department by the finder thereof remains unclaimed by the true owner for a period of not less than sixty days, such money (less any expenses incurred in the cost of holding same) may be returned to the finder, provided, that the chief of police is satisfied that the finder did not obtain the money in the first instance by illegal means. (Ord. 2269 § 3, 1974: Ord. 2228 § 5, 1973)

Chapter 3.92
CEMETERY

Sections:

3.92.010    Maintenance and operations.

3.92.020    Cemetery committee.

3.92.030    Charges for residents and nonresidents.

3.92.010 Maintenance and operations.

The director of parks and community services, or his or her designee, shall be responsible for the maintenance and operation of the Kirkland Cemetery. The director of finance and administration, or his or her designee, shall be responsible for administering the finances of the Kirkland Cemetery. (Ord. 4176 § 2 (part), 2009)

3.92.020 Cemetery committee.

The city manager is authorized and directed to establish the cemetery committee. The committee will consist of the director of finance and administration or designee, the director of parks and community services or designee, and representatives from the parks maintenance and cemetery administration staff.

The cemetery committee shall periodically review and make recommendations to the city manager on: (1) cemetery policies; (2) long-term and operational plans for the cemetery; and (3) rates to be charged for services, burial lots and cremated remains sites.

In determining such rates, the cemetery committee shall take into consideration the cost to the city in rendering services, increases in the Consumer Price Index or other indices, and the rates charged by other cemeteries in the area for services, burial lots and cremated remains sites. The rates recommended by the cemetery committee to the city manager shall become effective upon approval by the city manager and the filing of the rates with the director of finance. (Ord. 4176 § 2 (part), 2009)

3.92.030 Charges for residents and nonresidents.

The rates charged for burial lots and cremated remains sites (niche walls) and services shall be based on whether the lot or site is purchased for a resident or a nonresident of the city of Kirkland. The rates charged for burial lots and cremated remains sites (niche walls) for nonresidents of the city of Kirkland shall be fifty percent higher than the rate for residents of the city of Kirkland. For the purpose of this chapter, a person shall be considered a resident of the city of Kirkland if: (1) he or she was born in the city of Kirkland, or has lived in the city of Kirkland for a period of ten or more continuous years at any point in his or her life, or is a current resident of the city of Kirkland; or (2) he or she has an immediate family member who currently resides in the city of Kirkland. For the purpose of this chapter, an “immediate family member” shall be the spouse, domestic partner, parent, child or sibling of the person. As used in this section, “domestic partner” means a person who meets the city’s domestic partner eligibility criteria and signs an affidavit or declaration to that effect. Residency rates will be determined based on the above criteria at the time of purchase. (Ord. 4182 § 1, 2009: Ord. 4176 § 2 (part), 2009)

Chapter 3.96
PLAZA OF CHAMPIONS

Sections:

3.96.010    Program adopted.

3.96.020    Repealed.

3.96.030    Plaza of Champions fund established.

3.96.010 Program adopted.

The city council hereby approves and adopts a program for selection of persons and organized groups of persons, who have made outstanding contributions to the Kirkland community, to be permanently honored by the community and the city of Kirkland. The program shall be organized and carried out in accordance with the provisions of the document entitled Kirkland Plaza of Champions – Criteria and Elements, which is attached to the original of the ordinance codified in this chapter as Exhibit A and by this reference incorporated herein. The director of parks and community services, with the recommendation of the park board, is authorized to establish further rules, regulations and procedures consistent with the provisions of the ordinance codified in this chapter, including Exhibit A, for the carrying out the program. (Ord. 3794 § 2, 2001: Ord. 3201 § 1, 1990; Ord. 3096 § 1, 1988)

3.96.020 Plaza of Champions committee created.

Repealed by Ord. 3794. (Ord. 3096 § 2, 1988)

3.96.030 Plaza of Champions fund established.

There is hereby established, pursuant to RCW Chapter 35A.37 and RCW 35.21.070, et seq., a special fund which shall be identified as the Plaza of Champions fund. Expenditures from said fund shall be made only for the purpose of paying costs, expenses, maintenance and capital improvements, if any, incurred in the carrying out of the program adopted by Section 3.96.010. All gifts (except contributions of personal services), made to the city, including all moneys and other gifts solicited or received by the park board shall be deposited in said fund. The moneys in said fund may be allowed to accumulate from year to year until the city council determines to expend the moneys in the fund for the purpose and purposes hereinabove specified; provided, that any moneys in the fund shall never be expended for any other purpose or purposes than those specified without an approving vote of a three-quarters majority of the members of the city council. Any moneys in the fund at the end of the fiscal year shall not lapse, nor shall the same be a surplus available, or which may be used for any other purpose or purposes than those specified in this chapter.

The city council may direct the transfer to or deposit in said fund of such additional donations, gifts, or other moneys as it may authorize by ordinance, resolution, or motion duly passed. Authorization to expend moneys from said fund shall be subject to approval by the city council. Such approval may be expressed by the inclusion of an item therefor in the annual budget or such other appropriate action by the city council as may be permitted by law. Such authorization shall not lapse at the end of the budgetary year, but may be carried forward; provided, that such carried-forward appropriation shall be included and so identified in the budget for succeeding years. (Ord. 3794 § 4, 2001: Ord. 3096 § 3, 1988)

EXHIBIT A

KIRKLAND PLAZA OF CHAMPIONS CRITERIA AND ELEMENTS

It is the desire of the residents of Kirkland to honor and recognize those who live (or have previously lived) in the Greater Kirkland area and have contributed in a significant way to the community. This contribution may be in the form of state, national or international recognition for Kirkland and its residents. This contribution may also be local so long as it has improved the quality of life for a significant segment of the Greater Kirkland community. Criteria for recognition and honor are intended to be both broad and flexible. However, the standards set for this honor are also intended to be high.

An applicant for recognition should satisfy the listed minimum number of the elements from each of the three criteria listed below. Applicants must meet the eligibility requirements listed in Criterion I, must meet al least two of the elements from Criterion II, and must meet at least one of the elements from Criterion III.

In addition, the applicant must also furnish a history of achievements. These achievements must have occurred at least one calendar year prior to submission of the application. If the award is granted, the history will be placed in the Kirkland Public Library to serve as a permanent record of the achievement. The honor cannot be conferred unless the history is provided.

Applicants will be reviewed by the park board, whose recommendation will be forwarded to the city council, whose decision will be final. (Amended by Ord. 3794 § 5, 2001)

CRITERION I: LOCAL, STATE, NATIONAL OR INTERNATIONAL LEVEL OF ACHIEVEMENT

The following basic eligibility requirement must be met before a nominee can be considered for possible induction.

ELEMENTS:

1.1    Level of achievement.
The level of achievement by the individual or team must be explicitly stated and should be the highest possible level of achievement in fields such as science, education, citizenship, athletics, the arts (music, drama, literary, fine arts, etc.), medicine, debate, etc.

This basic achievement element also provides the opportunity for nomination of first-time achievements (examples: first Kirkland resident to swim the English Channel, first Kirkland individual or group to participate in a national competition, etc.).

If it is possible to identify the highest possible level of achievement, the applicant must provide a detailed explanation as to why the achievement is considered to be exceptional.

CRITERION II. IDENTITY WITH GREATER KIRKLAND

Applicant must consider Kirkland to be his/her home or identify with Kirkland in such a way that the Kirkland community recognizes the applicant as a “Kirklander.”

At least two of the following elements must be met before a nominee can be considered for possible induction.

ELEMENTS:

2.1

Born in the Kirkland area.

This means that the parent(s) were residing in Kirkland at the time of the candidate’s birth.

2.2

Currently resides in Greater Kirkland area.

Applicant currently has a Kirkland address. Applicant must live at this address at least six months of the year.

2.3

Lived in Greater Kirkland area for at least ten years or longer and considers Kirkland their home town.

2.4

Has improved the quality of life in Greater Kirkland.

2.5

Worked (or has worked) within the community or owns a business in Greater Kirkland area.

The applicant is a past or present Kirkland area business owner or worker who has contributed in a special way to the community.

2.6

None of the above.

An applicant may still be considered even if the preceding elements do not apply. Substantial documentation, however, will be required in this instance so as to demonstrate the applicant’s identity with Greater Kirkland.

CRITERION III. SIGNIFICANCE OF ACHIEVEMENT

The applicant must fully explain the significance of the achievement. It must be further specified if the achievement is the result of an individual or a team effort. No individual members of a team will be recognized. The team members, however, may be recognized by name.

At least one of the following elements must be met before a nominee can be considered for possible induction.

ELEMENTS:

3.1

Recognition of the achievement by the Kirkland community.

Applicant must submit a statement which explains how the community has been affected by the achievement as well as the manner in which the community was informed (e.g., press coverage received subsequent to achievement –include press clippings and any other examples of media coverage).

3.2

Peers recognize this achievement as outstanding.

Persons in the same field must recognize the achievement as outstanding and worthy of recognition. A statement of endorsement for the applicant from leaders in the applicant’s field is expected. The peer group may include a person or persons, residing outside the Kirkland area.

3.3

Played a key role in a group effort which without this individual’s achievement would not have taken place.

The candidate formed an organization or group and was instrumental in making it operational. The group or organization benefited the community in a demonstrable way.

3.4

The achievement has improved the quality of life for a large segment of Greater Kirkland area residents.

For example, the achievement may have resulted in increased educational or recreational opportunities for area residents.

HISTORY REQUIREMENT:

The history and description of the achievements must be in narrative form and in sufficient detail to completely support the conferring of this award. The person or persons writing the history must provide sufficient in-depth history to enable future readers to completely appreciate the significance of the applicant’s contribution. Include, if possible, documents, press clippings, photos or other examples of media coverage related to the achievement.

If the history is written by anyone other than the applicant, it must be read and signed by the applicant (when possible) and thus documented as a true and accurate account. If the award is conferred, the history will be placed in the Kirkland library to serve as a reference and permanent record of the achievement.

KIRKLAND PLAZA OF CHAMPIONS

Application Form

Name of Honored Group or Individual:     

Achievement or Award to be Recognized:     

Date or Dates of Achievement or Award:     

Name of Person(s) Submitting Application:    Name

Address
    

City    Zip

Day    Eve.

Phone    Phone

Relationship to Honored Group or Individual:     

If applicable, list members of Group and their roles:

(attach extra page if necessary)

If applicable, list other key individuals and their roles (coach, parent, sponsor, teacher, etc.):

(attach extra page if necessary)

Agreement

In submitting this application, I understand that the applicant must meet the required qualifications, and that this application will be reviewed by the park board, and that their decision will be final. I further understand that if this application is accepted, a fee of $200 will be paid to the City of Kirkland to cover the cost of the plaque, engraving, installation and maintenance. The plaque will not be installed until all application materials are received and the fee has been paid.

Signed:     Date:

Signed:     Date:

(Amended by Ord. 3794 § 6, 2001)

KIRKLAND PLAZA OF CHAMPIONS

Application Form

Criterion I

LOCAL, STATE, NATIONAL OR INTERNATIONAL LEVEL OF ACHIEVEMENT

Name of Applicant:     

Please explain how the applicant meets this eligibility requirement. Attach extra pages as necessary.

KIRKLAND PLAZA OF CHAMPIONS

Application Form

Criterion II

IDENTIFY WITH GREATER KIRKLAND

    Name of Applicant:

Please explain how the applicant meets at least two of the elements listed for this eligibility requirement. Attach extra pages as necessary.

Element     Explanation

KIRKLAND PLAZA OF CHAMPIONS

Application Form

Criterion III

SIGNIFICANCE OF ACHIEVEMENT

    Name of Applicant:

Please explain how the applicant meets at least one of the elements listed for this eligibility requirement. Attach extra pages as necessary.

Element     Explanation

KIRKLAND PLAZA OF CHAMPIONS

Application Form

History Requirement

    Name of Applicant:

Using the criteria and elements as a guide, please furnish a complete history and description of the achievement in narrative form. Attach extra pages as necessary. Please note that if the history is prepared by anyone other than the applicant, it must be read and signed by the applicant (when possible) and documented as a true account. Please include, if possible, documents, press clippings, photos, or other examples of media coverage related to the achievement.