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Ord 90-020 0072.130.007 JEH/crd 01/15/90 ORDINANCE NO. 90-20 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, CREATING THE OFFICE OF CHIEF LAW ENFORCEMENT OFFICER, PROVIDING FOR THE APPOINTMENT THEREOF, PRESCRIBING THE DUTIES OF THE OFFICE, AND ESTABLISHING AN OATH AND BOND AS REQUIREMENTS FOR THOSE HOLDING THE OFFICE. WHEREAS, the City of Federal Way will incorporate as a noncharter optional municipal code city organized under the council-Manager form of government specified in Chapter 35A.13 RCW, and WHEREAS, RCW 35A.13.090 authorizes the City Council to create such departments, offices and emploYments as it deems advisable and requires the creation of the office of Chief of Police or other law enforcement officer, now, therefore, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: section 1. Office of Chief Law Enforcement Officer Established - Appointment. Pursuant to RCW 35A.13.090, there is hereby established for the City of Federal Way the office of Chief Law Enforcement Officer. Such office shall be appointive and all appointments to such office shall be made by the City Manager. Pursuant RCW 41.12.050, the office of Chief Law Enforcement Officer shall not be a civil service position. In the event that the City elects to provide police services by contract with another governmental agency, the position of Chief JEHO19930 -1- COpy Law Enforcement Officer shall not be filled, and the City Manager shall administer and oversee the police services contract. section 2. Duties of Chief Law Enforcement Officer. The Chief Law Enforcement Officer shall have all of the powers and shall perform each and all of the duties specified by Title 35A RCW for chiefs of police, together with any other duties or authority which may be conferred upon such office by the laws of the State of Washington or the ordinances of the ci ty , as they now exist or may hereafter be amended, and such other duties as may be assigned from time to time by the City Manager. Section 3 . Oath Reauired. Prior to entering upon the performance of the duties of the office, the Chief Law Enforcement Officer shall be required to take an oath for the faithful performance of the official duties. Section 4 . Bond Reauired. Prior to entering upon the performance of the duties of the office, the Chief Law Enforcement Officer shall be required to furnish an official bond, to be renewed annually, conditioned upon the honest and faithful performance of the official duties, as required by RCW 35A.13.160 and 35A.12.080. The bond may be either an individual bond or a blanket fidelity bond covering all City officers required to furnish a bond as a condition of holding office. The amount of such bond shall be at a minimum fifty thousand dollars ($50,000), with the actual amount for any given year to be set by the City Manager. The premiums on such bonds shall be paid by JEHO19930 -2- the city. Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 6. Effective Date. This ordinance shall take effect upon the official date of incorporation of the City, which is more than five (5) days after the publication of the attached summary, which is hereby approved. PASSED by the City Council of the City of Federal Way this 30th day of January, 1990. ATTEST/AUTHENTICATED: ~ (j, (¡¡{~ CITY CLERK, DELÓR A. MEAD CITY OF FEDERAL WAY (j¡ 0 ~ A- f2.w MAYOR, DEBRA ERTEL APPROVED AS TO FORM: OFFIÇE/' THE CITY ATTORNEY: 9~~ BY FILED WITH THE CITY CLERK: January 16, 1990 PASSED BY THE CITY COUNCIL: January 30,1990 PUBLISHED: February 4,1990 EFFECTIVE DATE: Date of incorporation ORDINANCE NO. 90-20 JEHO19930 -3-