ORD 05-501
ORDINANCE NO. 05-501
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 2,
ARTICLE III, SECTIONS 2-50 and 2-51 OF THE CITY OF
FEDERAL WAY CITY CODE TO BROADEN THE
PARTICIPATION AND UTILITY OF ALTERNATE
COMMISSIONERS (AMENDS ORDINANCES NO. 95-244
and 96-258)
WHEREAS, the City of Federal Way Police Department and Civil Service
Commission ("Commission") abide by the RCW 41.12 and the Civil Service Rules; and
WHEREAS, the Commission must be comprised of a quorum in order to take action
during meetings and hearings; and
WHEREAS, there are two Alternate Commissioners ("Alternates") on the
Commission; and
WHEREAS, Alternates currently may not move action or vote on matters before the
Commission unless a Commissioner is unable to participate in a hearing on employee discipline; and
WHEREAS, the City Council finds that it is in the best interest ofthe Commission
for efficiency in the police hiring process and general business matters to update the City Code to
broaden the participation and utility ofthe Alternates so that the Commission Chair may temporarily
appoint an Alternate to acheive a quorum on a meeting-by-meeting basis; and
WHEREAS, the City Council finds that it is in the best interest of the Commission to
grant the City Manager the authority to appoint an Alternate to fill a vacancy in the event that a
Commissioner is incapacitated, resigns, or is removed from office;
ORD #05-501, PAGE 1 ORIGINAL
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 2, Article III, Section 2-50 of the Federal Way City Code, "Removal," is
amended as follows:
2-50 Removal.
Any commissioner or alternate commissioner may be removed from office for
incompetency, incompatibility, dereliction of duty, malfeasance in office, or other good cause;
provided, however, that no commissioner or alternate commissioner shall be removed until (1)
charges have been filed, in writing; (2) the commissioner or alternate commissioner has been
personally served with a written notice of charges against him or her and with a notice of hearing;
and (3) after a full hearing has been convened before the Federal Way city council. The charging
party in all such actions shall be the city manager. Should any commissioner or alternate
commissioner be incapacitated, resign from, or be removed from office, then the City manager shall
appoint a successor to that position for the remainder ofthe unexpired term. (Ord. No. 96-258, 9 2,
1-2-96)
Section 2. Chapter 2, Article III, Section 2- 51 ofthe Federal Way City Code, "Proceedings-
Quorum," is amended as follows:
2-51 Proceedings - Quorum.
(a) Three commissioners shall constitute a quorum and the votes of three
commissioners shall be sufficient for the decision of all matters and the transaction of all business to
be decided or transacted by the commission.
(b) Alternate commissioners shall have the right to participate in the debate and the
ORD #05-501, PAGE 2
deliberations of the commission on the regular business of the commission. Alternate commissioners
shall not be part of the commission quorum and shall not move action or vote on matters coming
before the commission, except as provided in subsections (c) and (d) ofthis section.
(c) In the event a commissioner is disqualified from participation or otherwise unable
to participate in a hearing on employee discipline, an alternate commissioner shall be appointed by
the commission chair to serve in the place of the absent commissioner. The alternate commissioner
shall be entitled to participate fully in such proceedings, and is authorized to vote on the action
before the commission.
( d) In the event that there are insufficient commissioners to form a quorum at a
regularly scheduled meeting. the Chair may appoint an alternate commissioner to serve in the place
of an absent commissioner at that meeting. The alternate commissioner is entitled to participate fully
in the meeting and is authorized to vote on actions before the commission for the duration of the
meeting. For these purposes. a commissioner arriving more than 10 minutes past the designated
meeting start time will be deemed absent. (Ord. No. 96-258, S 2, 1-2-96)
Section 3. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ordinance or the invalidity ofthe application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 4. Rati fication. Any act consistent with the authority and prior to the
effective date ofthis ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force five (5)
ORD #05-501, PAGE 3
days from and after its passage and publication, as provided by law.
PASSED by the City COlIDCi1 of the City of Federal Way this 20th day of
September m.__..",,_~' 2005.
CITY OF FEDERAL WAY
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MA YOR, DEAN MCCOLGAN.
ATTEST:
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FILED WITH THE CITY CLERK: ~.. 8/25/2005
PASSED BY THE CITY COUNCIL: 9/20/2005
PUBLISHED: 9/24/2005
EFFECTNE DATE: 9/29/2005
ORDINANCE NO.: 05-501
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