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3.12 Repealed

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3.48 Repealed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3.55 Repealed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 Advancement of Travel Expenses for City Officials and Employees

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3.84 Repealed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
DIRECTOR OF ADMINISTRATION
AND FINANCE

(Repealed by Ord. 3573)

Chapter 3.16
CITY MANAGER—ADMINISTRATIVE DEPARTMENTS

Sections:

3.16.010 Departmental organization.

3.16.020 Police department.

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.

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. (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 twenty 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 recorded for purposes of RCW 39.34.040.

(b) Professional Services Agreements. The city manager or designee is authorized to execute on behalf of the city an agreement 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) 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. 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) 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. 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 public