Council PKT 11-17-2009 SpecialGITY OF
Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers City Hall
November 17, 2009 5:30 pm
www. cityoffederalway. com
1. CALL MEETING TO ORDER
2. TRANSITION TO MAYOR COUNCIL FORM OF GOVERNMENT
3. EXECUTIVE SESSION
Collective Bargaining pursuant to RCW 42.30.140(4)(b), Potential Litigation Pursuant to RCW
42.30.110(1)(i) and Real Property Acquisition pursuant to RCW 42.30.110(1)(c)
3. ADJOURN
COUNCIL MEETING DATE: November 17, 2009 ��q ITEM
CITY COUNCIL
AGENDA BILL
SUB.iECT: Policy Direction with the Change in the Form of Government
POLICY QUESTION: SHOULD THE CITY COUNCIL DIRECT STAFF TO DRAFT ORDINANCES FOR THE
DECEMBER 1, 2009 CITY COUIVCIL MEETING IN ACCORDANCE WITH THE CHANGE OF GOVERNMENT TO
MAYOR-COUNCIL?
COMMITTEE: N/A
CATEGORY
0 Consent
City Counc Business
STAFF R.EPORT BY: PAT RIC
Ordinance
Resolution
CITY ATTORNEY
MEETING DATE:
Public Hearing
Other (study session)
DEPT: Law
Attachments: Out}ine of actions and responsibilities for City Council and for the elected Mayor under the new
form of government Mayor- Council. Also included is a staff report seeking direction for drafting of
ordinances and resolutions to be presented at the December l, 2009 City Council meeting.
Options Considered:
1. Direct staff to draft necessary documents for the Mayor-Council form of government to present at
the December 1, 2009 City Council meeting.
2. Direct staff to wait on drafting the necessary documents for the Mayor-Council form of government
and bring the matter before Council at a future date.
STAFF RECOMMENDATION: Follow Council
CITY 1VIANAGER APPROVAL:
CITY OF FEDERAL VP"AY
Committee
COMMITTEE RECOMMENDATION:
�/r 1 IRECTOR APPROVAL:
Council
Committee C� ouncil
C ommittee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "Direct Staff
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
APPROVED COUNCIL BILL
DENIED 1sT reading
TABLED/DEFERRED/NO ACT'ION Enactment readi�
MOVED TO SECOND READING (ordinances only) ORDINANCE
REVISED— 02/06l2006 RESOLUTION
MAYOR-COUNCIL FORM OF GOVERNMENT
I. Authority of City Council has not changed
A. All actions require a majority vote of the council members
B. Overarching power is to organize and regulate the internal affairs of the
City
C. Specifically the City Council has the authority to:
1. Enact the City budget
2. Define the powers, functions and duties of officers and
employees
3. Establish working conditions and fix compensation (including
collective bargaining)
4. Maintain retirement/pension systems
5. Impose fines and penalties for violations consistent with state
law
6. Enter into contracts and interlocal agreements
7. Regulate the acquisition, sale, ownership, and other disposition
of real property
8. Provide for governmental, recreational, educational, cultural and
social services
9. Impose taxes if not prohibited by state law
10. Approve payment of claims against the City
11. Cause the City to own and operate utilities
12. Grant franchises for use of public rights of way
13. License businesses
14. Enact rules of procedure
D. Set the agenda for City Council meetings
II. Authority of Mayor that differs from the city manager position
A. Preside over City Council meetings
B. Veto ordinance, grant, revocation of franchise/license, or payment of
money
City Council can override veto with a majority plus one vote
C. Call special meetings of the City Council
Three Council members may call special meeting
D. Approve or disapprove personally ar through designation official bonds
and contractor's bonds
E. Cast the tie-breaking vote on matters before the Council except for the
budget
III. Elected Mayor authority and responsibilities
A. Ceremonial representative of the City
B. Carry out the policies set by the City Council
C. Ensure that the laws are enforced
D. Administe� City contracts
E. Bring lawsuits with City Council approvai
F. Prepare and propose a budget
G. Reports to the City Council about City affairs and its financial needs
H. Pursuant to the applicable Employee Guidelines, Collective Bargaining
Agreements, or Civil Service Rules,
1. Appoint or disc�arge department directors
2. Can delegate authority to appoint or discharge City employees to
department directors
K:\cm\elected mayor\actions-responsibilities(2)
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CITY ATTORNEY'S OFFICE
MEMORANDUM
DATE: NOVEMBER 12, 2009
TO: CITY COUNCIL MEMBERS
CC: BRIAN WILSON, INTERIM CITY MANAGER
FROM: PATRICIA RICHARDSON, CITY ATTORNEY i
SUBJECT: MAYOR-COUNCIL FORM OF GOVERNMENT
Conducting City business is more formalized under the Mayor-Council form of government as evidenced by
the statutory requirement for the City Council to establish City departments and any appointed posirions (i.e.
department directors). The purpose of this Staff Report is to address the actions that Council must take after
King County Elections certifies the election results to change the form of government to Mayor-Council.
There is also a section on other areas/policies that are not statutory requirements. Attached to this
memorandum is a list showing the statutory authority of the City Council, the statutory authority of the
elected Mayor that differs from that of a City Manager, and the statutory authority of the elected Mayor.
NECESSAKY STEPS
1. Adopt and enact an ordinance regarding the form of government.
The ordinance must reflect the City's history, the election, the results and the new form of government
with direcrion to the City Clerk to forward the ordinance to the Secretary of State.
2. Elect Deputy Mayor to assist Mayor or assume role if necessary.
3. Determine City deparnnents.
State Law requires the Ciry Council to formalize the organizarion of the City via an ordinance that
idenrifies the City departments.� Currendy the departments as idenrified in the budget document are:
A. City Manager this department could be eliminated or renamed as a department
B. Community Development
The Municipal Court is already idenrified in the Fedexal Way Revised Code.
C. Economic Development
D. Finance
E. Human Resources
F: Information Services
G. Law
H. Police
I. Public Works/Parks, Recreation and Cultural Services
4. Appointed Positions Mayor is authorized to appoint but appointments are based upon
expertise, experience, etc.
A. Required to have the following positions:
1} Ciry Clerk
2) Police Chief
3) Legal representation
B. Departrnent Directors
C. Other possible positions
1) Chief Administrative Officer
2) Legislative staff to assist Council
D. Establish the criteria for appointed positions
E. City Council may confirm appointments if stated in the FWRC
CO UNCIL POLICIES
1. Revise City Code to convert CityManager references to Mayor.
2. City Council Purchasing Policies.
A. City Manager is authorized to approve competitive bid contracts up to $20,000 without
formal Council approvaL
B. City Mar�ager is authorized to approve all non-competitive contracts (professional services)
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3. Settlement of Claims.
Via a resolution, City Council authorized the City Manager to setde claims for damages for
$25,000 or less without formal Council approval.
4. City Council Rutes of Procedure.
A. Delete all references to City Manager and replace with "Mayor" as appropriate (i.e. Rule
2.1(6) "Council may request Mayor to schedule mid-year retreat'�.
B. Rule 2.2 City Council meetings
1. (3) Proclamations
2. (4) Public comment allowed at times other than public hearing/public
comment period
C. Rule 2.4 Seating at the dais
D. Rule 3.1 Mayor approve agenda (Council can delegate to the elected mayor, or retain)
E. Section 8— Mayor and Deputy Mayor
F. Section 9— Council relations with staff
State Law more formalized for Mayor involvement and less direct contact with
Staff
G. Section 18 Delete entirely (City Manager evaluation)
H. Section 19 Mayor no longer selected; select Deputy Mayor; possible to revise the term
I. Rule 21.6 Council Committee appointments made by Mayor
J. Rule 21.8 Mayor "ex officio" member of each Committee and makes assignments
K. Rule 22.3 Appointment process for vacanry should include Mayor
L. Rule 22.5(8) Mayor will reconvene executive session
M. Rule 23.1 Include mayor
Appendix A— Only deputy mayor
5. Code of Ethics. Include Mayor throughout
6. Elected Mayor's initial salary.
A. Salary Commission currently sets salary for Mayor and Council members
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B. Pass ordinance to remove Mayor from Salary Commission's purview
G Current Mayor's salary not effected (can not modify the current Mayor's salary).
D. Set salary for elected Mayor but make it effective upon the certificarion of the election
pursuant to 35A.12
K:\agenda\council\2009\11-17-19 staff report
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