Title 3 PERSONNEL

3.92 Code of Ethics – City Council and City Boards, Commissions and Committees

Chapter 3.04
CITY MANAGER

3.04.010 Powers and duties.

The powers and duties of the city manager, appointed by the city council during the period that the council-manager plan of government is in effect in the city, shall be coextensive with those powers and duties prescribed by the laws of the state now in force or as hereafter amended. (1961 code § 3.04.010.)

3.04.020 Office full-time job – Oath.

Unless express authority to the contrary is hereafter granted by resolution of the city council, the city manager shall devote his full time to the affairs of the city, and before undertaking the duties of his office the city manager shall take an official oath in support of the government of the United States, the laws of the state of Washington, the ordinances of the city of Bellevue and the faithful performance of his duties. (1961 code § 3.04.020.)

Chapter 3.08
CITY CLERK

3.08.010 Office created – Appointment – Vacancy.

There is created and established the office of city clerk, to be filled or vacated by appointment or removal by the city manager. (Ord. 4444 § 1, 1992; 1961 code § 3.08.010.)

3.08.020 Bond – Oath.

The person appointed to fill the office of clerk or temporary clerk shall qualify before entering upon the duties of such office by furnishing an official bond in accordance with Chapter 3.88 BCC, and upon filing his or her oath to support the government of the United States of America, the state of Washington, the city of Bellevue and to faithfully perform his or her duties. (Ord. 4444 § 2, 1992; 1961 code § 3.08.020.)

3.08.030 Powers and duties.

The city clerk shall have all of the powers granted and duties imposed by authority of the laws of the state and ordinances of the city, now existing or hereinafter adopted, subject to the general supervision and control of the city manager or substitute manager. (1961 code § 3.08.030.)

3.08.040 Compensation.

The city clerk and such deputies as he may appoint with the consent of the city manager shall receive compensation as may be fixed by the city council at the time the budget is made, as provided by law. (1961 code § 3.08.040.)

Chapter 3.19
DISTRICT COURT

3.19.010 Ordinance violations – Jurisdiction.

The King County District Court, Bellevue Division, as provided for in Chapters 3.30 through 3.74 RCW, as amended, with the exception of Chapters 3.46 and 3.50 RCW, shall have jurisdiction over all violations of city ordinances except as otherwise provided in this code. (Ord. 4962 § 2, 1997.)

Chapter 3.33
EMERGENCY AND SAFETY
SERVICES GROUP

3.33.060 Appointment of deputies and other officers – Administrative structure.

3.33.010 Established – Duties.

There is created and established a new administrative organization of city government to be known as the emergency and safety services group, to be operated under the direction and control of director(s) of the emergency and safety services group, under the supervision and authority of the city manager or his lawfully designated representative. The functions and duties of this administrative organization shall include: crime suppression, transportation safety, fire prevention, fire control, civil defense, emergency medical services, structural safety, community education for crime prevention and for fire prevention and control, and such other related duties as may be assigned by the city manager. (1961 code § 3.33.010.)

3.33.020 Organization – Departments and divisions.

There shall be four major subgroups within the emergency and safety services group, as follows:

A. The fire department, the functions of which shall include fire prevention, fire suppression, emergency medical services and staff support, and which shall be staffed by firefighters;

B. The police department, the functions of which shall include police investigation, patrol, traffic control, community affairs and staff support, and which shall be staffed by law enforcement officers;

C. The structural safety division, the functions of which shall include building and fire inspection and code enforcement;

D. The staff support division, which shall provide staff support and assistance to the director(s) of the emergency and safety services group and to the other departments and divisions thereof. (1961 code § 3.33.020.)

3.33.030 Director(s) – Appointment – Removal.

The director(s) of the emergency and safety services group shall be appointed by the city manager upon the basis of ability and training or experience for such office, and they and their deputies may be removed by the city manager, subject to any applicable law, ordinance, rule or regulation then in force and effect relating to civil service. The city manager shall determine whether one or two directors will be required in order to provide adequate overall supervision of the administrative group. (1961 code § 3.33.030.)

3.33.040 Director(s) – Bond – Oath.

The director(s) of the emergency and safety services group shall qualify, before entering upon their duties, by furnishing a fidelity bond at the expense of the city, in a sum set by the city council, and upon filing their oaths to support the government of the United States, the state of Washington, the city of Bellevue, and for the faithful performance of their duties. (1961 code § 3.33.040.)

3.33.050 Director(s) – Powers and duties – Compensation.

A. The director(s) of the emergency and safety services group shall each have all of the powers granted, together with all of the duties imposed by the laws of the state relating to fire chiefs and police chiefs, and in addition thereto they shall have the power and duty to enforce this code and the ordinances of the city and to perform such other services as the laws of the state or this code and the ordinances of the city may now or hereafter require, and shall receive for the faithful performance of their duties such compensation as shall be fixed by ordinance.

B. When there are two directors, one director shall, in addition, have the title of “police chief” and shall have primary responsibility for overall supervision of the functions of the police department. Such director shall also be vested with all authority of the head of the fire department in the event of need or emergency. The other director, when there are two, shall, in addition, have the title of “fire chief” and shall have primary responsibility for overall supervision of the functions of the fire department. Such director shall also be vested with all authority of the head of the police department in the event of need or emergency. (1961 code § 3.33.050.)

3.33.060 Appointment of deputies and other officers – Administrative structure.

The chief of police may appoint, with the consent of the city manager, subject to any applicable civil service provisions, deputies and other public officers from other city departments. Such officers shall have the power of citation as may be appropriate and necessary for the proper performance of the duties of their office. Upon such appointment being made, the chief of police shall issue to the appointee a limited commission card. The appointment shall continue until the appointee is permanently terminated from city employment, but may be revoked at any time by the chief of police or the city manager. (Ord. 2006 § 1, 1974; 1961 code § 3.33.060.)

3.33.070 Assignment of officers.

No law enforcement officer assigned to the police department shall be involuntarily assigned to the fire department and no firefighter assigned to the fire department shall be involuntarily assigned to the police department. (1961 code § 3.33.070.)

Chapter 3.36
CIVIC SERVICES DEPARTMENT

3.36.010 Department established – Functions.

There is created and established a civic services department which shall be responsible for:

B. Managing City Hall and other city-owned facilities as directed by the city manager;

F. Provision of such other services as may be directed by the city manager. (Ord. 5822 § 1, 2008.)

3.36.020 Director – Responsibilities.

The city manager shall appoint the director of the civic services department, who shall report to the city manager or his designee. The director shall be appointed for an indefinite term and may be removed at any time pursuant to the provisions of RCW 35A.13.100. The director shall direct the operations of the civic services department. (Ord. 5822 § 1, 2008.)

Chapter 3.37
DEPARTMENT OF FINANCEAmended Ord. 5838

3.37.110 Director – Advance of/reimbursement for employee business expenses.Amended

3.37.010 Department established – Function.

There is established a department of finance which shall be responsible for general supervision over the financial affairs of the city. (Ord. 4880 § 2, 1996; Ord. 4562 § 1, 1993; Ord. 2092 § 1, 1974; 1961 code § 3.37.010.)

3.37.020 Director – Appointment.

The functions of the department shall be executed under the supervision and control of a director of finance. The director shall be appointed for an indefinite term by the city manager for his/her executive and administrative qualifications in such work. The director may be removed by the city manager at any time pursuant to the provisions of RCW 35A.13.100. (Ord. 4880 § 3, 1996; Ord. 4562 § 2, 1993; Ord. 2092 § 1, 1974; 1961 code § 3.37.020.)

3.37.030 Director – Designated treasurer.

The director of finance shall be designated city treasurer to perform in such capacity whenever the laws of the state or the ordinances of the city make reference to such position.

The director may appoint a subordinate employee from the department to assist in the performance of the duties of city treasurer. (Ord. 4880 § 4, 1996; Ord. 4562 § 3, 1993; Ord. 2092 § 1, 1974; 1961 code § 3.37.030.)

3.37.040 Director – Bond.

Before undertaking the duties of city treasurer, the director shall qualify by furnishing a fidelity bond at the expense of the city in a sum to be set by the city council. (Ord. 2092 § 1, 1974; 1961 code § 3.37.040.)

3.37.050 Director – Powers and duties – City funds – List.

The director of finance shall have powers and duties coextensive with those prescribed by the laws of the state and the ordinances of the city as now in force or as hereinafter amended or adopted. The director is authorized to create new budgeting, accounting and reporting funds and to consolidate and/or close such existing funds except as may otherwise be directed by state law. The director shall prepare and maintain a list of such funds and a general description of their use. Such list shall be available to the public for review and copying upon request. (Ord. 4907 § 21, 1996; Ord. 4880 § 5, 1996; Ord. 4562 § 4, 1993; Ord. 2092 § 1, 1974; 1961 code § 3.37.050.)

3.37.060 Director – Investment of city funds.

The director of finance is authorized to determine the amount of money available in each fund administered by the city for investment purposes, and is authorized to invest such moneys in all forms of investments that are authorized by law.

The director may appoint a subordinate employee from the department to assist in the performance of the duties described in this section. (Ord. 4880 § 6, 1996; Ord. 4562 § 5, 1993; Ord. 2356 § 1, 1976.)

3.37.070 Director – Interfund loan authority.

The director of finance is authorized to make loans from one city fund to another city fund for periods not exceeding six months. Such loans shall be authorized by the director only after he or she has made a determination, in writing, that the loaning fund will have adequate cash balances to meet current expenses payable from the fund after the loan is made and until the loan is paid in full. The loan shall be made available to enable the receiving fund to meet current payable expenses. Such loans shall bear a reasonable rate of interest to be paid to the lending fund. The director shall designate the appropriate interest rate of the loan based upon the net earnings rate of the city’s internal investment portfolio until repayment of the loan in full, but in no event shall the interest rate be less than any rate of interest required by law.

The director may appoint a subordinate employee from the department to assist in the performance of the duties described in this section. (Ord. 5783 § 1, 2007; Ord. 4880 § 7, 1996; Ord. 4562 § 6, 1993; Ord. 3564 § 1, 1985; Ord. 2821 § 1, 1980.)

3.37.080 Director – Petty cash accounts.

The director of finance is authorized to establish petty cash accounts within any fund of the city for any lawful purpose, which purpose shall be stated in writing by the director. At the time the account is established the director shall also appoint a single custodian for the account. The custodian may be changed from time to time as the director determines in writing. The director may also adopt procedures regarding the establishment and maintenance of such accounts. (Ord. 4880 § 8, 1996; Ord. 4562 § 7, 1993; Ord. 3494 § 1, 1985.)

3.37.090 Director – Credit cards.Amended Ord. 5838

A. The director of finance shall implement the following system for the distribution, authorization and control, credit limits and payment of bills related to the use of credit cards by city officials and employees:

1. Distribution. Credit cards may be distributed to those city officials and employees who, in the opinion of the director or his designee, have job responsibilities which would benefit or otherwise be facilitated by the use of a credit card.

2. Authorization and Control. The director of finance shall develop and implement guidelines and accounting controls to ensure the proper usage of credit cards and credit card funds.

3. Credit Limits. The director of finance shall set credit limits on each credit card issued; provided, that in no event shall such credit limit exceed $5,000 for any individual credit card.

4. Payment of Bills. The director of finance shall establish and implement a written procedure for the payment of all credit card bills.

B. The director of finance is authorized to adopt any additional procedures or policies necessary to implement the provisions of this section. (Ord. 4780 § 1, 1995.)

3.37.100 Authority of director regarding delinquent accounts.Amended Ord. 5838

The finance director, or his authorized representative, shall have the authority to refer delinquent accounts including, but not limited to, fees, taxes, penalties and interest of the city or any of its departments to an agency for collection and to write off accounts that are over one year old in an amount not to exceed $1,000 per account. This write-off option shall be utilized only after it has been determined by the finance director that there is no cost-effective means of collecting the account. Prior to assigning any account to a collection agency, the finance director, or his authorized representative, shall ensure that the procedural requirements of RCW 19.16.500, or any successor statute, have been met. (Ord. 4878 § 1, 1996; Ord. 4191 § 1, 1990; Ord. 2809 § 3, 1980.)

3.37.110 Director – Advance of/ reimbursement for employee business expenses.Amended Ord. 5838

A. It is the policy of the city to reimburse city employees and city officials who incur authorized travel, subsistence, registration and related expenses while on city business. Claimants have the responsibility for becoming knowledgeable about allowable expenditures and the documentation requirements. Care must be taken to avoid unnecessary or excessive expenditures, and those not directly and reasonably related to the conduct of city business.

B. The finance director is authorized to promulgate rules and procedures for the purpose of administering this policy and to provide forms accompanied by instructions for their implementation. Exceptions to the finance director’s rules and procedures may be made only for unusual or extenuating circumstances upon the written directive of the city manager or his/her designee or in the case of city council members, the mayor or his/her designee, if such expenses reasonably relate to a benefit or service received by the city and compliance with these rules and procedures is or was not feasible. (Ord. 4968 § 1, 1997.)

Chapter 3.38
WATERWORKS UTILITY

3.38.010 Composition.

The waterworks utility of the city of Bellevue, as established by Ordinance No. 2169 and added to by Ordinance No. 2845, as now or hereafter amended, shall consist of the water, sanitary sewerage and storm and surface water utilities of the city. (Ord. 3158 § 1, 1982.)

3.38.020 Director and organization.

The waterworks utility shall be administered as a part of the utilities department and the director of the utilities department shall be responsible for the supervision and control thereof. (Ord. 4568 § 1, 1993; Ord. 3158 § 1, 1982.)

3.38.040 Powers.

The waterworks utility shall have all powers available under state law. (Ord. 3158 § 1, 1982.)

Chapter 3.39
DEPARTMENT OF TRANSPORTATION

3.39.010 Department established – Functions.

There is created and established a department of transportation which shall perform all transportation functions performed by the former department of public works and utilities and by the former planning department; and provide such other services as may be directed by the city manager. (Ord. 5822 § 2, 2008; Ord. 4560 § 2, 1993.)

3.39.020 Director – Appointment – Responsibilities.

The city manager shall appoint the director of the department of transportation who shall report directly to the city manager. The director shall be appointed for an indefinite term and may be removed at any time pursuant to the provisions of RCW 35A.13.100. The director shall direct the operations of the department of transportation. (Ord. 4560 § 2, 1993.)

3.39.030 Engineering and development standards.

Chapter 3.40
STORM AND SURFACE WATER UTILITY

3.40.010 Established – City powers.

There is created and established a storm and service water utility of the city which shall operate as a component of the waterworks utility and which shall be administered by the utilities department. The city elects to exercise all the lawful powers necessary and appropriate to the construction, condemnation and purchase, acquisition, addition to, maintenance, conduct and operation, management, regulation and control of the storm and surface water utility described in Section 4 of Ordinance 2003 and as the same may hereafter be added to, bettered or extended within or without the present and future limits of the city, including, without limitation, all the lawful powers to fix, alter, regulate and control the rate, charges and conditions for the use thereof. (Ord. 4569 § 1, 1993; Ord. 3158B § 2, 1982; Ord. 2003 § 1, 1974.)

3.40.020 Director – Responsibilities.

The director of the utilities department shall direct the operations of the utility, including, but not limited to, the administration, planning, design, construction, operation, maintenance and regulation of the storm drainage system. (Ord. 4569 § 2, 1993; Ord. 3158B § 3, 1982; Ord. 2003 § 2, 1974.)

3.40.030 System adopted – Transfer of administrative duties.

A. There is specified and adopted the original system or plan of the storm and surface water public utility described as set forth on the map labeled “Exhibit A,” on file in office of the city clerk, and made a part hereof by this reference, and which shall include all properties, interest and physical and intangible rights of every kind or nature owned or held by the city, however acquired, insofar as they relate to or concern storm or surface water sewage; further including, without limitation, all such properties, interests and rights acquired by adverse possession or by prescription, directly or through another, in and to the drainage or storage, or both, of storm or surface waters, or both, through, under or over lands, landforms, watercourses, sloughs, streams, ponds, lakes and swamps, all beginning in each case or instance at a point where storm or surface waters first enter the storm or surface water system of the city and ending in each case or instance at a point where such storm or surface waters exit from the storm or surface water system of the city, and in width to the full extent of inundation caused by the largest storm or flood condition.

B. The city council expressly finds that the value of the above-described original system or plan of storm and surface water public utility is equal to the value of release from primary responsibility therefor insofar as they relate to or concern storm or surface waters. Accordingly, all of the city’s above-mentioned facilities and rights, insofar as they relate to or concern storm or surface waters, are transferred to and subject to the administration of the storm and surface water utility created by this chapter, and each institution and department of the city having responsibility therefor is, to the same extent, released from such primary responsibility. (Ord. 2003 § 3, 1974.)

3.40.040 Engineering and development standards.

3.40.050 Board of appeals.

The environmental services commission shall act as a board of appeals as set forth in BCC 3.40.060 through 3.40.080. (Ord. 4569 § 4, 1993; Ord. 3262 § 1, 1983.)

3.40.060 Intensity of development classification – Appeal.

Any person disagreeing with the intensity of development classification as determined by the utilities department under Ordinance 2429, Section 2 or 3, as now or hereafter amended for property owned by them may appeal such determination to the board of appeals. Any appeal of an intensity of development classification in effect as to any property as of the effective date of the ordinance codified in this chapter must be filed by December 31, 1983. Any appeal of any intensity of development classification determined for any property after the effective date of the ordinance codified in this chapter must be filed in writing with the city clerk not later than 60 days after the date on which the utilities department makes the determination of intensity of development classification for such property. The written statement of appeal must be filed together with an appeal notification form available from the office of the city clerk. (Ord. 4978 § 17, 1997; Ord. 3262 § 1, 1983.)

3.40.065 Civil penalties and change in billing rate – Appeal.

Any person aggrieved by any notice and order of the director of the utilities department issued pursuant to BCC 24.08.100, 24.08.110 or 24.08.120 may appeal such determination to the board of appeals by filing a written statement of appeal with the city clerk within 14 days of issuance of the notice and order. The written statement must be filed together with an appeal notification form available from the office of the city clerk. (Ord. 4978 § 18, 1997; Ord. 4569 § 5, 1993; Ord. 3339 § 2, 1983.)

3.40.070 Procedure before board of appeals.

Upon receiving an appeal, the city clerk shall forward such appeal to the board of appeals. The board of appeals shall then set a date of the hearing of the appeal. The parties to the appeal are the appellant and the utilities department. The board of appeals is authorized to establish procedures for the processing of such appeals and the conduct of its hearings. (Ord. 4978 § 19, 1997; Ord. 3262 § 1, 1983.)

3.40.080 Decision of the board.

In hearing such appeals, the board of appeals shall be limited to determining whether the intensity of development classification determined for the property by the storm and surface water utility is correct. In making its decision, the board of appeals shall state for the record the basis for its decision or, in the alternative, may elect to issue a written decision. (Ord. 3262 § 1, 1983.)

Chapter 3.41
UTILITIES DEPARTMENT

3.41.010 Department established – Functions.

There is created and established a utilities department which shall administer and operate the waterworks utility comprised, pursuant to Chapter 3.38 BCC, of the water utility, the sanitary sewer utility and the storm and surface water utility and shall also be responsible for, among other things, performing all functions relating to regulation and administration of public and private utilities operating within the city, solid waste and recycling collection within the city and utility maintenance. (Ord. 4561 § 1, 1993.)

3.41.020 Director – Appointment – Responsibilities.

The city manager shall appoint the director of the utilities department who shall report directly to the city manager. The director shall be appointed for an indefinite term and may be removed at any time pursuant to the provisions of RCW 35A.13.100. The director shall direct the operations of the department. (Ord. 4561 § 1, 1993.)

3.41.030 Engineering and development standards.

Chapter 3.42
DEPARTMENT OF PARKS AND COMMUNITY SERVICES

3.42.010 Department of parks and community services – Creation of.

For the purpose of providing for the proper maintenance and operation of public parks, playgrounds and other recreational facilities belonging to, or operated in whole or in part by the city, and providing for community services, including but not limited to administration of probation services and provision of human services; and providing for the execution of city ordinances and resolutions regarding the acquisition of land, structures and other facilities for the park and recreational program of the city, there is established a department of the city to be known as the department of parks and community services, hereinafter called “the department.” (Ord. 4563 § 1, 1993; Ord. 4481 § 1, 1993; 1961 code § 3.42.010.)

3.42.020 Director.

The functions of the department shall be executed under the supervision and control of a park director. Such director shall be appointed by the city manager for an indefinite term. The city manager shall designate the number of employees of the department and, subject to the provisions of any applicable law, rule, or regulation relating to civil service then in force, the city manager may remove the director or any employees of the department. (Ord. 4481 § 2, 1993; 1961 code § 3.42.020.)

3.42.030 Qualifications of office.

The city manager may prescribe regulations from time to time for determining the qualifications for the office of the director, and prescribe additional powers and duties. (Ord. 4481 § 3, 1993; 1961 code § 3.42.030.)

3.42.040 City manager’s powers and duties.

The city manager or his or her designee as authorized by the laws for the state relating to parks or recreational facilities and community services

and, within the limits of the funds and purposes prescribed by any ordinance, shall have the power to implement parks, recreational and community service programs that will employ the leisure time of the public in a constructive and wholesome manner. Without limiting the generalities of the foregoing powers, and by way of illustration only, the city manager or his or her designee shall have the power:

A. To control and supervise all parks, public squares, parkways and boulevards, play and recreation grounds or other municipally owned recreational facilities;

B. To plan, promote and recommend the acquisition, construction, development, maintenance or operation of such public parks, places, parkways or recreation grounds and facilities;

C. When authorized by resolution of the city council, to contract in writing, acting independently or in conjunction with instrumentalities of the United States, the state, King County or adjacent city or town, park district, school district or any public organization for the purpose of acquiring a public recreation or community services facility or conducting a recreational or community services program, and exercising any other power authorized by ordinance of the city;

D. To solicit and receive on behalf of the city council, any gifts or bequests or other personal property to be applied for playgrounds, parks or recreational purposes;

E. To grant concessions and privileges in public parks, under such restrictions and for such compensation as may be prescribed; provided, that no concession or privilege shall ever be granted for the sale of intoxicating liquors, beer or wine in any city park, and no concession or privilege shall be granted for more than three years, unless approved by ordinance;

F. To control and supervise the administration of all probation functions. (Ord. 4563 § 2, 1993; Ord. 4481 § 4, 1993; 1961 code § 3.42.040.)

3.42.050 Acquisition of land.

The department shall have no power to acquire or improve land for park purposes, or to accept gifts of real or personal property without approval of the city council, and any property so acquired shall be taken in the name of the city. (Ord. 4481 § 4, 1993; 1961 code § 3.42.050.)

3.42.060 Use charges.

The city manager or his or her designee shall fix charges for the use of any municipally owned or controlled park or recreational facility. All use charges and amendments and changes adopted by the city manager or his or her designee for 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. (Ord. 4481 § 6, 1993; 1961 code § 3.42.060.)

Chapter 3.43
PARKS AND RECREATION
FACILITIES CODE

3.43.010 Police power.

This chapter is declared to be an exercise of the police power of the city; its provisions shall be liberally construed for the preservation and protection of the natural environment, public peace, health, safety and welfare. (Ord. 4071 § 1, 1989.)

3.43.020 Definitions.

Unless clearly inconsistent with the context in which used, the following definitions shall apply under this chapter:

A. “Department” means the department of parks and community services of the city.

B. “Director” means the director of the department of parks and community services and authorized agents of the director.

C. “Inflatable, nonmotorized watercraft” means those nonmotorized watercraft which have two or more inflatable chambers and are propelled by two or more oars.

D. “Motorized watercraft” means those floating devices which are designed to be propelled by the use of internal combustion engines or electric motors. Inflatable, motorized watercraft may be included in this definition if they are propelled by the use of internal combustion engines or electric motors.

E. “Nonmotorized cycle or similar device” means any wheeled, operator-propelled equipment which transports the operator on land, except wheelchairs. Nonmotorized cycle or similar device includes, but is not limited to, unicycles, skateboards, bicycles, tricycles, quadcycles and scooters.

F. “Nonmotorized watercraft” means those floating devices which are designed to support or help support a person or persons in water, and which may or may not be propelled by the use of oars, paddles or sails.

G. “Nonswimming season” means that portion of the year which has not been designated as the swimming season.

H. “Park” means all parks and bodies of water contained therein, squares, plazas, trails, golf courses, museums, beaches, playgrounds, playfields, botanical gardens, greenbelts and other park, recreation and open space areas, buildings and facilities comprising the parks and recreation system of the city under the management and control of the city manager or his or her designee.

I. “Recreation program” means any program or activity conducted, sponsored or assisted by the department, whether or not it occurs in a park.

J. “Swimming season” means the period of time, as designated by the city manager or his or her designee, from approximately mid-June to the first week in September, when lifeguards are on daily duty at park swimming beaches. (Ord. 4566 § 1, 1993; Ord. 4480 § 1, 1993; Ord. 4071 § 1, 1989.)

3.43.030 Rulemaking.

The city manager or his or her designee has the power to enforce the provisions of this chapter. The city manager or his or her designee may adopt, amend and rescind rules and regulations consistent with the chapter in order to manage and control the park and recreation system of the city, including rules that:

F. Establish times for opening and closing of particular parks or park facilities to public use and/or for entry or use by motor vehicles. (Ord. 4480 § 2, 1993; Ord. 4071 § 1, 1989.)

3.43.040 Overnight camping.

It is unlawful to camp overnight in any park, except at places set aside and posted for such purposes by the city manager or his or her designee, or by permit issued by the city manager or his or her designee. (Ord. 4480 § 3, 1993; Ord. 4071 § 1, 1989.)

3.43.050 Fireworks.

It is unlawful to possess and/or use fireworks in any park, except by permit issued by the city manager or his or her designee. (Ord. 4480 § 4, 1993; Ord. 4071 § 1, 1989.)

3.43.060 Littering.

It is unlawful to throw or deposit any refuse or other material in any park, except in designated receptacles, or to take garbage or refuse to a park for the disposal in the park, or to deposit garbage or refuse generated outside a park within the park. (Ord. 4071 § 1, 1989.)

3.43.070 Game refuge, sanctuary or reserve – Disturbance of wildlife.

It is unlawful to enter any area in a park designated and posted by the city manager or his or her designee as a game refuge, sanctuary or reserve; or to molest or disturb wildlife or the nest or breeding place of any wildlife located therein. (Ord. 4480 § 5, 1993; Ord. 4071 § 1, 1989.)

3.43.080 Capturing or striking wildlife prohibited.

It is unlawful in any park in any manner to capture, strike, kill or harass, or to attempt to capture, strike, kill or harass, any wildlife, with any stick, weapon or other device or thing or throw or otherwise propel a missile or object at or in the vicinity of any such wildlife, except that the city manager or his or her designee may approve the capture of wildlife for research or relocation purposes. (Ord. 4480 § 6, 1993; Ord. 4071 § 1, 1989.)

3.43.090 Feeding of animals.

It is unlawful for any person to leave, place or distribute foodstuffs of any kind or nature in any park, with an intent to feed farm animals or wildlife; provided, this section shall not apply to the feeding of farm animals or wildlife by parks department personnel. (Ord. 4071 § 1, 1989.)

3.43.100 Trespassing.

It is unlawful for any person except an authorized city employee in the performance of his/her duties, or other person duly authorized pursuant to law, to enter or go upon any area which has been designated and posted by the city manager or his or her designee as a “No Admittance” or “No Trespassing” area, or during any time during which the park is posted as being closed to the public. (Ord. 4480 § 7, 1993; Ord. 4071 § 1, 1989.)

3.43.110 Removal or destruction of property.

It is unlawful for any person, except an authorized employee of the city to remove, destroy, mutilate or deface any park property, structure, facility or station. (Ord. 4071 § 1, 1989.)

3.43.130 Dogs and pets – Prohibited areas.

It is unlawful for any person to permit any dog or other pet in any area in a park designated and posted by the city manager or his or her designee as a game refuge, sanctuary or reserve, or to permit such dog or other pet to molest or disturb wildlife therein or the nest or breeding place of any such wildlife, or to permit any dog or other pet to enter any other area with the city manager or his or her designee has posted as a place prohibited to animals. (Ord. 4480 § 9, 1993; Ord. 4071 § 1, 1989.)

3.43.135 Dogs and pets – Prohibited on certain beaches.

It is unlawful for any person to permit any dog or pet to be in the following beach parks or water recreation areas from June 1st through September 15th:

3.43.140 Removal of animal feces.

Any person with a dog or pet in his or her possession in any park shall be responsible for the conduct of the animal, shall carry equipment for removing feces and shall collect and place any feces deposited by such dog or pet in an appropriate receptacle. It shall be unlawful for any person to fail to so collect and place any feces deposited by a dog or pet in his or her possession. (Ord. 4480 § 10, 1993; Ord. 4071 § 1, 1989.)

3.43.145 Animals running at large prohibited.

It is unlawful for any person to allow or permit any dog or other pet to run at large in any park, except dogs used by a public law enforcement officer; provided that, except in areas in which animals are prohibited, dogs or other pets are permitted in a park if on a leash not greater than six feet in length, or otherwise securely caged or securely restrained from running free. (Ord. 4071 § 1, 1989.)

3.43.150 Disturbances by animals.

It is unlawful for any person to permit any dog or other pet, whether on or off a leash, to disturb or harass any park users, farm animals, wildlife or other pets. (Ord. 4071 § 1, 1989.)

3.43.160 Motor vehicles.

It is unlawful to ride, propel, drive or direct any motorized vehicle over or through any park (except along and upon designated park streets, drives and parkways), or on any street, drive or parkway which is designated as being closed to vehicular traffic. (Ord. 4071 § 1, 1989.)

3.43.170 Speed limit.

It is unlawful to ride, propel, drive or direct any motorized vehicle over any street, drive or parkway in any park in excess of 15 miles per hour when no speed limit is posted, or in excess of any posted speed limit. (Ord. 4071 § 1, 1989.)

3.43.180 Parking of motor vehicles.

It is unlawful to leave a vehicle unattended in any park or parking lot through which access is controlled by a gate from one half hour after sunset to one half hour before sunrise, or to leave a vehicle unattended in any park or parking lot through which access is not controlled through a gate between the hours of 2:00 a.m. and 6:00 a.m.; provided this section shall not apply to persons attending scheduled events and activities or have obtained a permit from the director. Such unattended vehicles may be impounded by the city. (Ord. 4071 § 1, 1989.)

3.43.190 Commercial watercraft prohibited.

It is unlawful to use marine areas and marine facilities for commercial purposes or for commercial watercraft to use such areas or facilities, except where done pursuant to permit issued by the city manager or his or her designee. For purposes of this section, “commercial watercraft” means watercraft used for any commercial purpose but shall not include a watercraft operated under a concession lease with the city. (Ord. 4480 § 11, 1993; Ord. 4071 § 1, 1989.)

3.43.200 Landing, launching, docking and use of watercraft – Prohibited.

It is unlawful for any person to land, launch, dock or use any watercraft in or at any swimming area, dock, pier, float or shoreline within the limits of a park, except for such areas specifically designated for such use by watercraft; provided watercraft may use the following areas as indicated below:

A. Nonmotorized watercraft may be launched and landed at the following parks during the times indicated:

B. Motorized and nonmotorized watercraft may be launched and landed at the following parks during the times specified:

D. This section shall not apply to watercraft used for rescue, lifesaving, law enforcement, park maintenance or city sponsored activities.

E. In the event of conflict, provisions of the Harbor Code, Chapter 12.04 BCC, shall have control over this code. (Ord. 4071 § 1, 1989.)

3.43.210 Overnight moorage prohibited.

It is unlawful for any person to moor a watercraft overnight in any park, except by permit of the city manager or his or her designee. (Ord. 4480 § 12, 1993; Ord. 4071 § 1, 1989.)

3.43.220 Speed limits – Distance limitations.

It is unlawful for any person to operate any watercraft at speeds in excess of seven knots within 300 feet of any swimming area, dock or park shoreline; or to approach closer than 100 feet to any such swimming area, dock or park shoreline, except for an emergency threatening life or property; or in areas designated by the city manager or his or her designee, or as necessary to access the property of the operator of the watercraft. (Ord. 4480 § 13, 1993; Ord. 4071 § 1, 1989.)

3.43.230 Larson Lake – All watercraft prohibited.

It is unlawful for any person to use or operate any watercraft of any kind, including any floating device, nonmotorized watercraft or motorized watercraft, on the waters of Larson Lake. (Ord. 4071 § 1, 1989.)

3.43.240 Fires.

It is unlawful for any person to set or maintain any fire in a park, except in designated facilities or in self-contained stoves. (Ord. 4071 § 1, 1989.)

3.43.250 Alcoholic beverages prohibited.

It is unlawful for any person to use or possess any alcoholic beverage in a park, including unopened alcoholic beverage containers; provided this prohibition shall not apply to organized groups which have secured a permit from the city manager or his or her designee and, if required, from the State Liquor Control Board. (Ord. 4480 § 14, 1993; Ord. 4071 § 1, 1989.)

3.43.260 Sound amplification equipment prohibited.

A. It is unlawful for any person to use, operate, or play or permit to be used, operated or played in any park any radio, tape player, television, musical instrument, record player or any other machine or device producing or reproducing sound at a volume that is audible at a distance over 30 feet therefrom, except pursuant to a permit issued by the city manager or his or her designee.

B. Subject to park availability, the city manager or his or her designee will grant or grant with conditions a permit for an exception to subsection A of this section if the use of the sound amplification equipment:

C. The city manager or his or her designee may adopt administrative rules pursuant to BCC 3.43.030 to allow for the administration of permits under this section.

D. Violations of subsection A of this section and violations of permits issued pursuant to this section shall be considered a civil noise infraction enforced as set forth in Chapter 9.18 BCC. (Ord. 5721 § 1, 2007; Ord. 4480 § 15, 1993; Ord. 4071 § 1, 1989.)

3.43.270 Posting signs, posters and notices.

It is unlawful for any person to post or attach any sign, poster or notice or any other device of any kind for advertising in any park, except if authorized by the city manager or his or her designee. (Ord. 4480 § 16, 1993; Ord. 4071 § 1, 1989.)

3.43.280 Soliciting.

It is unlawful for any person to solicit, sell or peddle any goods, services, wares, merchandise, liquids or edibles for human consumption in any park, except by permit issued by the city manager or his or her designee. (Ord. 4480 § 17, 1993; Ord. 4071 § 1, 1989.)

3.43.290 Sale or merchandise, food or services – Permit required.

It is unlawful for any person to sell or attempt to sell any merchandise, food or services in any park, except pursuant to a permit issued by the city manager or his or her designee. (Ord. 4480 § 18, 1993; Ord. 4071 § 1, 1989.)

3.43.300 Operation of motorized models prohibited.

It is unlawful for any person to operate any motorized model car, aircraft, rocket or watercraft in any park, except as authorized by the city manager or his or her designee. (Ord. 4480 § 19, 1993; Ord. 4071 § 1, 1989.)

3.43.310 Use of nonmotorized vehicles – Prohibited in certain areas.

It is unlawful for any person to ride a bicycle or other similar device in any area which is posted as closed to such vehicles. (Ord. 4071 § 1, 1989.)

3.43.320 Expulsion from parks.

A. The city manager or his or her designee or his or her authorized agent may order the expulsion of any person from any park for a period of one to seven days if he or she observes such person:

1. Using abusive or disruptive language or engaging in conduct which disrupts a park facility or program;

B. The city manager or his or her designee or his or her authorized agent may order the expulsion of any persons from any park for a period of seven days to one year if such person:

C. Any order of expulsion under this section shall be in writing and shall be sent by certified mail to the person expelled at his last known address.

D. Any person who enters a park during a period during which he has been expelled under subsection A or B of this section is guilty of a misdemeanor. (Ord. 4480 § 20, 1993; Ord. 4071 § 1, 1989.)

3.43.330 Closing times.

It is unlawful to be in a park after closing time. Unless another closing time has been established for a particular park by the city manager or his or her designee, parks shall close one-half hour after sunset and reopen one-half hour before sunrise, provided the Downtown Park shall close at 11:00 p.m. and reopen one-half hour before sunrise. This section does not apply to scheduled parks department events or to dedicated roads and sidewalks used for transportation which are not designated as closed. (Ord. 4480 § 21, 1993; Ord. 4071 § 1, 1989.)

3.43.335 Trees and vegetation – City property.

A. It shall be unlawful for any person to clear, cut, damage or remove any tree or vegetation located on property owned or leased by the city without the express written permission of the city manager or his or her designee.

B. Violation of this section is a civil violation under Chapter 1.18 BCC, subject to penalties set forth in BCC 1.18.045. (Ord. 5452 § 1, 2003; Ord. 4480 § 22, 1993; Ord. 4071 § 1, 1989.)

Chapter 3.44
DEVELOPMENT SERVICES DEPARTMENT

3.44.010 Department established – Functions.

There is created and established a development services department which shall be responsible for the following:

A. Implementation of provisions of the comprehensive plan of the city related to the functions of the department as described in this section.

B. Coordination and performance management of cross-departmental permit review and inspection services.

C. Coordination of cross-departmental code development, and implementation related to land use planning and development, housing, economic and community development, and construction and sustainable building practices.

D. Administration and operation of the city’s design and development review processes.

E. Administration, revision and update to the land use code, clearing and grading code, construction codes, subdivision and platting codes, and development regulations and standards.

F. Environmental coordination and administration of the city’s environmental procedures code.

G. Provision of plan review, permit coordination and issuance, and inspection and enforcement related to codes administered by the department.

I. Provision of such other services as may be directed by the city manager. (Ord. 5821 § 3, 2008.)

3.44.020 Director – Responsibilities.

The city manager shall appoint the director of the development services department, who shall report to the city manager or his designee. The director shall be appointed for an indefinite term and may be removed at any time pursuant to the provisions of RCW 35A.13.100. The director shall direct the operations of the development services department. (Ord. 5821 § 3, 2008.)

Chapter 3.45
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT*

Footnotes

* Code reviser’s note: Any reference in city code, ordinance, resolution, or regulation to the department of planning, neighborhoods and economic development or the department of community development, or the directors thereof, shall be deemed to refer to the department of planning and community development and the director thereof, respectively.

3.45.010 Department established – Functions.

There is created and established a department of planning and community development which shall be responsible for the following:

A. Administration of amendments, revisions and updates to the comprehensive plan of the city.

B. Implementation of provisions of the comprehensive plan of the city related to the functions of the department as described in this section.

C. Provision of long-range planning for the city related to land use and development, housing, economic development, construction, community development, and other long-range planning services as directed by the city manager.

I. Coordination of cross-departmental strategic planning initiatives in support of the assigned functions of the department.

J. Provision of such other services as may be directed by the city manager. (Ord. 5821 § 1, 2008; Ord. 4995 § 3, 1997.)

3.45.020 Director – Responsibilities.

The city manager shall appoint the director of the department of planning and community development, who shall report to the city manager or his designee. The director shall be appointed for an indefinite term and may be removed at any time pursuant to the provisions of RCW 35A.13.100. The director shall direct the operations of the department of planning and community development. (Ord. 5821 § 2, 2008.)

Chapter 3.46
INFORMATION TECHNOLOGY DEPARTMENT

3.46.010 Department established – Function.

There is established the information technology department which shall administer a corporate information technology plan; oversee computer applications; manage the voice and data communications infrastructure; provide an array of technology services to support city staff; and provide such other services as may be directed by the city manager. (Ord. 5364 § 1, 2002; Ord. 4880 § 1, 1996.)

3.46.020 Director – Appointment – Designation as chief information officer.

The functions of the department shall be executed under the supervision and control of a director of information technology who shall be designated the chief information officer of the city. The director shall be appointed for an indefinite term by the city manager. The director may be removed by the city manager at any time pursuant to the provisions of RCW 35A.13.100. (Ord. 5364 § 1, 2002; Ord. 4880 § 1, 1996.)

Chapter 3.47
OFFICE OF HUMAN RESOURCES

3.47.010 Office established – Functions.

There is created and established an office of human resources, which shall provide review and planning of personnel policies; coordinate the development and implementation of city personnel policies; administer the city’s affirmative action program; provide employee benefit design and administration including management of the medical/dental self insurance fund; and provide such other services as may be directed by the city manager. (Ord. 4880 § 16, 1996; Ord. 4565 § 1, 1993.)

3.47.020 Director – Appointment – Responsibilities.

The city manager shall appoint the director of the office of human resources, who shall report directly to the city manager. The director shall be appointed for an indefinite term and may be removed at any time pursuant to the provisions of RCW 35A.13.100. The director shall direct the operations of the office of human resources. (Ord. 4565 § 1, 1993.)

Chapter 3.48
TEMPORARY APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

3.48.010 Temporary appointments.

Whenever for any reason there is or will be a vacancy in the office of member of a board, commission or committee of the city, the mayor, upon the confirmation by a majority of the council, may appoint a person to act as a temporary member of the board, commission, or committee, to serve until a person is appointed to fulfill the term of office for which the vacancy exists. (Ord. 3460 § 1, 1985.)

3.48.020 Qualifications – Compensation – Removal.

Persons temporarily appointed to boards, commissions and committees shall be selected without respect to political affiliations and shall serve without compensation. Service as a temporary appointee shall not be considered service of a term for purpose of determining whether a temporary appointee may be appointed to serve a regular term. Persons temporarily appointed to a board, commission or committee of the city pursuant to this chapter shall be subject to removal upon the same grounds as are persons appointed to serve regular terms on the board, commission or committee. (Ord. 3460 § 1, 1985.)

3.48.030 Residence of appointees.

Persons temporarily appointed to a board, commission or committee of the city shall be subject to the same residence requirements as are persons appointed to serve regular terms on the board, commission or committee. (Ord. 3460 § 1, 1985.)

Chapter 3.50
BUILDING CODE BOARD OF APPEALS

(Repealed by Ord. 5751)

Chapter 3.52
CONSTRUCTION CODES
ADVISORY COMMITTEE

Sections:

3.52.010 Creation – Sunset.

3.52.020 Purpose and function.

3.52.030 Membership, appointment and terms – Staff support.

3.52.040 Qualifications of members.

3.52.050 Officers – Meetings.

3.52.060 Right to seek recommendation.

3.52.070 General provisions and rules.

3.52.010 Creation – Sunset.

There is created a committee to be known as the construction codes advisory committee, which in this chapter shall be referred to as the “committee.” The existence of the committee will terminate at the end of June 2003. (Ord. 5369 § 1, 2002; Ord. 5200 § 1, 2000.)

3.52.020 Purpose and function.

A. The committee shall act in an advisory capacity to the city council and all city departments involved in construction code administration and the delivery of development review services. In addition, the committee shall provide input on efforts to improve development services including, but not limited to, new legislation, policies, changes in processes and procedures to expedite service delivery, performance benchmarking and principles used to improve customer service;

B. The committee shall have authority to make recommendations to the city council for such new legislation as will expedite or improve the processes and procedures used in the administration of construction codes and in the delivery of development review services;

C. The committee shall have no authority over civil violations under Chapter 1.18 BCC. (Ord. 5369 § 2, 2002; Ord. 5200 § 2, 2000.)

3.52.030 Membership, appointment and terms – Staff support.

A. The committee shall consist of 10 voting members who shall be recommended by the city manager and appointed by the city council. The term for all members shall be for the life of the committee.

B. The department of planning and community development shall provide technical and clerical support to the committee. (Ord. 5369 § 3, 2002; Ord. 5200 § 3, 2000.)

3.52.040 Qualifications of members.

Members of the committee shall not be employees of the city, shall not receive compensation and, before being eligible for appointment, shall possess the following qualifications of training or experience as specified for the following positions:

A. Position 1. Appointee to Position 1 shall be a structural or civil engineer, licensed by the state;

B. Position 2. Appointee to Position 2 shall be an architect, licensed by the state;

C. Position 3. Appointee to Position 3 shall be a commercial general contractor, licensed by the state;

D. Position 4. Appointee to Position 4 shall be a residential general contractor, licensed by the state;

E. Position 5. Appointee to Position 5 shall be an architect engaged in the design of large-scale commercial or multifamily projects;

F. Position 6. Appointee to Position 6 shall be a commercial or apartment building owner or operator;

G. Position 7. Appointee to Position 7 shall be a property developer engaged in large-scale commercial or multifamily building construction;

H. Position 8. Appointee to Position 8 shall be a member of the Bellevue City Council;

I. Positions 9 and 10. Appointees to Position 9 and Position 10 shall be persons of mature judgment and ability to analyze and consider matters within the purview of the committee. They shall be residents of the city of Bellevue. (Ord. 5369 § 4, 2002; Ord. 5200 § 4, 2000.)

3.52.050 Officers – Meetings.

A. The city council shall select a presiding officer from the committee’s voting members to serve as chairperson. The committee shall at its first meeting select a vice-chairperson from its voting members, who shall have all the powers and perform all the duties of the chairperson in the absence or inability of the chairperson to serve. The chairperson and vice-chairperson shall serve for the life of the committee.

B. The committee shall meet monthly or as determined by the chairperson. All meetings shall be open to the public; provided the committee may hold executive sessions as permitted by law.

C. The majority vote of a quorum shall constitute the official action of the committee. The presence of five voting members shall constitute a quorum with full authority to function as the committee. (Ord. 5200 § 5, 2000.)

3.52.060 Right to seek recommendation.

The city council and any administrative official of the city shall have the right to submit to the committee a proposition or question for its consideration and recommendation. It shall be the duty of the committee to consider such matter and to make its recommendation. The recommendation from the committee shall have no binding effect on the city council or city administrators. (Ord. 5200 § 6, 2000.)

3.52.070 General provisions and rules.

The committee shall have the right to make any rule of procedure it may desire, so long as the rule is not in conflict with the spirit or expressed provisions of this chapter. (Ord. 5200 § 7, 2000.)

Chapter 3.55
ENVIRONMENTAL SERVICES COMMISSION

Sections:

3.55.010 Environmental services commission.

3.55.020 Membership appointment.

3.55.030 Eligibility – Composition – Term.

3.55.035 Officers.

3.55.040 Removal.

3.55.050 Vacancies.

3.55.060 Meetings.

3.55.070 Powers and duties.

3.55.080 Staff support.

3.55.010 Environmental services commission.

There is created and established the environmental services commission of the city. (Ord. 4193 § 1, 1991.)

3.55.020 Membership appointment.

The environmental services commission shall consist of seven members, except as provided in BCC 3.55.030(D), appointed by the mayor with consent of a majority of the city council. (Ord. 4193 § 1, 1991.)

3.55.030 Eligibility – Composition – Term.

A. No person is eligible to be appointed as a member of the environmental services commission unless he or she resides within the city or within the city’s service area for either the water or sewer system. A position on the commission shall become vacant upon a member’s ceasing to be a resident of the city and of the city’s water and sewer service areas.

B. The term for all positions on the commission, except for initial appointments as hereinafter provided, shall be four years. Each position shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term of that position shall serve until the end of the term.

C. No person may serve more than two consecutive terms; provided a person appointed to fill a term of two years or less is eligible to serve two successive four-year terms, and provided further a person who is ineligible to serve for having served two consecutive terms may again serve after two years have elapsed from the end of the second such term.

D. The initial membership of the commission shall be as follows:

1. All current members of the storm and surface water advisory commission shall be appointed as members of the environmental services commission, their terms to be identical with the terms currently being served.

2. One new member will be appointed to a three-year term.

3. One new member will be appointed to a four-year term.

4. The first two positions on the environmental services commission to become vacant through resignation or ineligibility will not be refilled. If two positions have not become vacant through resignation or ineligibility by May 31, 1993 those positions whose terms expire on that date will only be refilled if no more than seven members will exist. (Ord. 4193 § 1, 1991.)

3.55.035 Officers.

The officers of the commission are a chairperson and a vice chairperson. The chairperson and vice chairperson of the commission will be appointed by the mayor and shall serve in such position until May 31, 1992. Thereafter, the members of the commission shall elect from its members the chairperson and the vice chairperson annually. The commission may also elect from its members such other officers as the commission may deem necessary. (Ord. 4193 § 1, 1991.)

3.55.040 Removal.

Members of the commission may be removed at any time by the mayor, with the consent of a majority of the city council. The decision of the city council shall be final and there shall be no appeal therefrom. (Ord. 4193 § 1, 1991.)

3.55.050 Vacancies.

Vacancies occurring otherwise than through the expiration of a term shall be filled for the unexpired term by the mayor with the consent of a majority of the city council. (Ord. 4193 § 1, 1991.)

3.55.060 Meetings.

The commission shall meet at least once a month. All meetings shall be open to the public; provided, the commission may hold executive sessions as permitted by law. A majority of the membership shall constitute a quorum. Action may be taken by a majority of the members present, when a quorum exists. (Ord. 4193 § 1, 1991.)

3.55.070 Powers and duties.

A. The commission shall act in a policy advisory capacity to the city council. To that end, with

respect to city water, sewer, storm and surface water and solid waste utility programs, the commission may hold public hearings and shall make such studies, analyses and reports as requested by the city council, and shall review, advise, and make recommendations to the council as needed, regarding:

1. Short and long-range planning;

2. Annual budgets;

3. Rates and rate structures;

4. Rate assistance programs;

5. CIP financing proposals;

6. Contracts for city-provided wholesale and retail intergovernmental service;

7. City policies directly related to utility functions;

8. Ordinances and resolutions necessary to carry out assigned duties and responsibilities;

9. Any other activities that the city council may so direct;

10. Coordination of duties with other council-approved boards, committees and commissions, as appropriate.

B. The commission shall have no powers or duties with respect to the following activities:

1. Administrative operations, maintenance and development activities;

2. Regional issues not specifically assigned to the commission by the city council. (Ord. 4193 § 1, 1991.)

3.55.080 Staff support.

The utilities department shall provide technical and clerical support for the commission. (Ord. 4572 § 1, 1993; Ord. 4193 § 1, 1991.)

Chapter 3.56
ARTS COMMISSION

Sections:

3.56.010 Arts commission established.

3.56.020 Terms – Residency.

3.56.030 Removal.

3.56.040 Officers – Meetings – Rules.

3.56.050 Vacancies – Unexpired terms.

3.56.060 Powers and duties.

3.56.070 Arts defined.

3.56.080 Staff support.

3.56.010 Arts commission established.

There is created and established an arts commission of the city of Bellevue, to consist of seven members appointed from the community at large by the mayor with the consent of a majority of the city council. (Ord. 3727 § 14, 1986.)

3.56.020 Terms – Residency.

A. The terms for all positions on the commission shall be four years and shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term for that position shall serve until the end of the term. The expiration date of the terms of the positions on the commission shall be staggered so that not more than four positions expire in the same year.

B. No person shall serve more than two consecutive terms, provided a person appointed to fill an unexpired term of less than two years is eligible to serve two successive four-year terms and provided further a person who is ineligible to serve for having served two consecutive terms may again serve after two years have elapsed from the end of the second such term.

C. No person shall be appointed to a position on the commission unless he or she is a resident of the city. A position on the commission shall become vacant upon a member ceasing to be a resident of the city. (Ord. 3727 § 14, 1986.)

3.56.030 Removal.

Members of the arts commission may be removed at any time by the mayor upon approval of a majority of the city council. Appointments to fill vacancies occurring otherwise than through the expiration of terms shall be for the unexpired portion of such term and shall be made in the same manner as an original appointment. (Ord. 3727 § 14, 1986.)

3.56.040 Officers – Meetings – Rules.

The commission shall annually elect a chairman, vice chairman and such other officers as the commission deems necessary. (Ord. 3727 § 14, 1986.)

3.56.050 Vacancies – Unexpired terms.

Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired terms by the mayor with the consent of a majority of the council. (Ord. 3727 § 14, 1986.)

3.56.060 Powers and duties.

The commission shall act in an advisory capacity to the city council. To that end, the commission may hold public meetings and shall make such studies, analyses and reports as requested by the city council and may perform the following functions in order that Bellevue may provide leadership in the arts:

A. Keep the city council informed in matters of art, and represent the community interest in matters of art;

B. Serve as the central commission to whom individuals and groups may bring their concerns and ideas with regard to the arts;

C. Seek to enlarge the art consciousness of Bellevue;

D. Encourage multi-age working, sharing, learning and teaching in the arts;

E. Provide recognition and encouragement to local artists, both those established and those as yet unrecognized;

F. Explore financing for acquisition of art objects, art activities, and capital improvements for the arts in Bellevue;

G. Establish a long-range plan for the development and operation of a cultural center;

H. Examine and make reports and recommendations on any matter referred to the commission by the city council. The commission shall report promptly, making such recommendations and giving such counsel as it may deem proper;

I. Review the suitability of any work of art intended as a gift to the city. (Ord. 3727 § 14, 1986.)

3.56.070 Arts defined.

As used in this chapter, the term “art” or “arts” shall include, but not be limited to, all graphic and visual arts, performing skills and crafts. (Ord. 3727 § 14, 1986.)

3.56.080 Staff support.

The department of planning and community development shall provide technical and clerical support for the commission. (Ord. 5821 § 4, 2008.)

Chapter 3.61
HUMAN SERVICES COMMISSION

Sections:

3.61.010 Human services commission.

3.61.020 Membership – Appointment.

3.61.030 Eligibility – Term.

3.61.040 Removal.

3.61.050 Vacancies.

3.61.060 Meetings.

3.61.070 Officers.

3.61.080 Duties and powers.

3.61.090 Staff support.

3.61.010 Human services commission.

There is hereby created the human services commission of the city of Bellevue. (Ord. 3729 § 1, 1986.)

3.61.020 Membership – Appointment.

The human services commission shall consist of seven members appointed by the mayor with the consent of a majority of the city council. (Ord. 3729 § 1, 1986.)

3.61.030 Eligibility – Term.

A. Members of the human services commission must be residents of the city of Bellevue. At no time shall a member of the commission also serve on the board of directors of a human service agency delivering services to city residents. Members shall represent the general citizenry and have an interest in human services and a commitment to human services. Individuals with knowledge and understanding of human services should be included on the commission.

B. Commission members shall serve without compensation and shall be appointed without regard to political affiliation.

C. The term for all positions on the commission shall be four years. Each position shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term for that position shall serve until the end of the term. The expiration date of the terms of the positions on the commission shall be staggered so that no more than four positions expire in the same year.

D. No person shall serve more than two consecutive terms, provided a person appointed to fill an unexpired term of less than two years is eligible to serve two successive four-year terms, and provided further, a person who is eligible to serve for having served two consecutive terms may again serve after

two years have elapsed from the end of the second such term.

E. The city manager may assign representatives from one or more departments of the city to serve as ad hoc and nonvoting members of the commission. (Ord. 5440 § 1, 2003; Ord. 3729 § 1, 1986.)

3.61.040 Removal.

Members of the commission may be removed by the mayor, with the consent of a majority of the city council, for neglect of duty, conflict of interest, unexcused absence from three consecutive regular meetings of the commission, or for any reason deemed sufficient by a majority of the city council. The decision of the city council shall be final and there shall be no appeal therefrom. (Ord. 3729 § 1, 1986.)

3.61.050 Vacancies.

Vacancies occurring otherwise than through the expiration of a term shall be filled for the unexpired term by the mayor with consent of a majority of the city council. (Ord. 3729 § 1, 1986.)

3.61.060 Meetings.

The commission shall meet at least once a month. All meetings shall be open to the public. A majority of the membership shall constitute a quorum. Action may be taken by a majority of the members present, when a quorum exists. (Ord. 3729 § 1, 1986.)

3.61.070 Officers.

The commission shall elect from its members a chairperson, vice-chairperson and such other officers as the commission may deem necessary. (Ord. 3729 § 1, 1986.)

3.61.080 Duties and powers.

The commission shall have the power and responsibility to perform the following functions:

A. The commission shall in all matters be advisory to the city council.

B. The commission shall provide the public with opportunities to be involved in the commission’s activities.

C. The commission’s work shall be governed by the adopted human services policies. The commission shall advise the city council as to changes or refinements to these policies as needed.

D. The commission shall review all requests for funding of human services in light of the guidelines contained in the human services policies and make recommendations to the city council.

E. The commission shall develop recommendations on priorities for the allocation of city resources to meet identified needs.

F. The commission shall actively pursue the goal of regional cooperation in the planning, funding and delivery of human services.

G. The commission shall conduct studies and provide recommendations to the city council on emerging issues and concerns in the area of human services.

H. The commission shall review and make comment on city actions which may affect the availability of human services in the city. (Ord. 3729 § 1, 1986.)

3.61.090 Staff support.

The department of parks and community services shall provide technical and clerical support for the commission. (Ord. 4571 § 1, 1993; Ord. 3729 § 1, 1986.)

Chapter 3.62
PARKS AND COMMUNITY
SERVICES BOARD

Sections:

3.62.010 Creation of board – Membership – Compensation.

3.62.020 Residence of members.

3.62.030 Terms of commissioners – Filling vacancies.

3.62.040 Officers of board – Meetings –Quorum.

3.62.050 Powers and duties.

3.62.010 Creation of board – Membership – Compensation.

There is created a parks and community services board, consisting of seven members except as provided for in BCC 3.62.030(F), who shall be appointed by the mayor with the consent of the majority of the city council. No commissioner shall receive any compensation for his or her services. (Ord. 4621 § 2, 1993; 1961 code § 3.62.020.)

3.62.020 Residence of members.

No person shall be appointed to a position on the parks and community services board unless he or she is a resident of the city. A position on the board of park commissioners shall become vacant upon a member ceasing to be a resident of the city. (Amended during February 1994 supplement; Ord. 3727 § 5, 1986; 1961 code § 3.62.021.)

3.62.030 Terms of commissioners – Filling vacancies.

A. The terms for all positions on the board, except for initial appointments as hereinafter provided, shall be four years and shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term for that position shall serve until the end of the term. The expiration date of the terms of the positions on the board shall be staggered so that not more than four positions expire in the same year.

B. No person shall serve more than two consecutive terms, provided a person appointed to fill an unexpired term of less than two years is eligible to serve two successive four-year terms, and provided further, a person who is ineligible to serve for having served two terms may again serve after two years have elapsed from the end of the second such term.

C. Annually, the board shall elect a chairperson, a vice-chairperson and such other officers as the board deems necessary.

D. Members of the parks and community services board may be removed at any time by the mayor with the approval of five members of the city council. Whenever any parks and community services board member fails to attend three consecutive regular meetings of the board, the absences shall be reported to the city council by the chairperson of the board or any member. A majority of the city council may declare vacant the position of such absent member, or may excuse the absences. All vacancies for the remainder of expired terms shall be filled in the same manner in which original appointments are made.

E. A position on the parks and community services board shall become vacant upon a member accepting employment with the city.

F. The initial membership shall be as follows:

1. All current members of the park board shall be appointed as members of the parks and community services board, their terms to be identical with the terms currently being served;

2. One new member will be appointed to a three-year term;

3. One new member will be appointed to a four-year term;

4. The first two positions on the parks and community services board to become vacant through resignation or ineligibility will not be refilled. If two positions have not become vacant through resignation or ineligibility by May 31, 1995, those positions whose terms expire on that date will be filled only if no more than seven members will exist. (Ord. 4621 § 3, 1993; Ord. 4479 § 1, 1993; Ord. 3727 § 6, 1986; 1961 code § 3.62.030.)

3.62.040 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 chairperson, a vice-chairperson, and such other officers as may be necessary. It shall be the duty of the chairperson to preside at all meetings of the board and of the vice-chairperson to preside at all meetings in the absence of the chairperson. A majority of the board shall constitute a quorum for the transaction of business, and affirmative votes from a majority of the members present and voting shall be necessary to carry any proposition. A meeting of the board shall be held at least once a month except that no regular meeting shall be held during the month of December. (Ord. 4621 § 4, 1993; Ord. 4479 § 2, 1993; 1961 code § 3.62.040.)

3.62.050 Powers and duties.

The board shall advise the city council regarding the expansion and operation of the city parks and community services facilities and programs, but shall have no administrative or supervisory powers not available to the council. The board shall have the power to advise the city council on policies regarding parks and open space issues such as: park planning, design and construction; development, redevelopment, and renovation; enterprise management; natural resources, land stewardship, and environmental education. The board shall also advise the city council on policies regarding community services issues such as recreation opportunities for a wide range of interests, ages and abilities; cultural diversity; community centers; parks and community services department-related special events; and probation and parole services. (Ord. 4621 § 5, 1993; 1961 code § 3.62.050.)

Chapter 3.63
TRANSPORTATION COMMISSION

Sections:

3.63.010 Transportation commission.

3.63.020 Membership – Appointment.

3.63.030 Eligibility – Composition – Term.

3.63.035 Officers.

3.63.040 Removal.

3.63.050 Vacancies.

3.63.060 Meetings.

3.63.070 Power and duties.

3.63.080 Staff support.

3.63.010 Transportation commission.

There is created and established the transportation commission of the city. (Ord. 4036 § 1, 1989.)

3.63.020 Membership – Appointment.

The transportation commission shall consist of seven members appointed by the mayor with the consent of a majority of the city council. (Ord. 4036 § 1, 1989.)

3.63.030 Eligibility – Composition – Term.

A. No person shall be eligible to be appointed as a member of the transportation commission unless he or she is a resident of the city. A position on the commission shall become vacant upon a member ceasing to be a resident of the city.

B. The term for all positions on the commission, except for initial appointments as hereinafter provided, shall be four years. Each position shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term for that position shall serve until the end of the term. The initial appointments to the commission shall be as follows:

1. Three members, including the person who is initially appointed as the chairperson, shall be appointed to a four-year term;

2. Two members shall be appointed to a three-year term;

3. Two members shall be appointed to a two-year term.

C. No person shall serve more than two consecutive terms; provided a person appointed to fill a term of two years or less is eligible to serve two successive four-year terms, and provided further, a person who is ineligible to serve for having served two consecutive terms may again serve after two years have elapsed from the end of the second such term.

D. The city manager may assign representatives from one or more departments of the city to serve as ad hoc and nonvoting members of the commission. (Ord. 4062 § 1, 1989; Ord. 4036 § 1, 1989.)

3.63.035 Officers.

The officers shall be the chairperson and vice chairperson. The chairperson and vice chairperson of the commission shall be appointed by the mayor and shall serve in such position until May 31, 1990. Thereafter, the members of the commission shall elect from its members the chairperson and the vice chairperson annually. The commission may also elect from its members such other officers as the commission may deem necessary. (Ord. 4062 § 2, 1989; Ord. 4036 § 1, 1989.)

3.63.040 Removal.

3.63.050 Vacancies.

Vacancies occurring otherwise than through the expiration of a term shall be filled for the unexpired term by the mayor with the consent of majority of the city council. (Ord. 4036 § 1, 1989.)

3.63.060 Meetings.

The commission shall meet at least once a month. All meetings shall be open to the public; provided, the commission may hold executive session as permitted by law. A majority of the membership shall constitute a quorum. Action may be taken by a majority of the members present, when a quorum exists. (Ord. 4036 § 1, 1989.)

3.63.070 Power and duties.

The commission shall act in a policy advisory capacity to the city council. To that end, the commission may hold public hearings and shall make such studies, analyses and reports as are required by the traffic standards code or requested by the city council and shall review, advise and make recommendations to the city council as needed, regarding:

A. The preparation of transportation facilities plans as provided for by BCC 14.10.030A;

B. The progress of transportation facilities plans and corrective actions as required by BCC 14.10.045A;

C. The progress of implementation schedules for the first 24-month period of each plan and the validity of the land use assumptions which were used in the plan as required by BCC 14.10.045B;

D. The progress of the implementation schedule and level of service analysis for each plan for the first 36-month period of the plan as required by BCC 14.10.045C;

E. The progress of the implementation schedule and level of service analysis for each plan for the first 48-month period of the plan as required by BCC 14.10.045D. Therewith the commission shall report on the validity of the land use assumptions on which the plan is based and determine whether the congestion limitation for the plan has been exceeded;

F. Changes to the traffic standards code or other city regulations or programs regarding transportation management as required by BCC 14.10.045;

G. Long-range and short-range funding programs for transportation facilities;

H. Make recommendations whether libraries and not-for-profit hospitals should be exempted from the requirements of the traffic standards code;

I. Short-term planning studies implementation programs;

J. Capital improvement program (CIP) and six-year transportation improvement program (six-year TIP) project prioritization;

K. Nonmotorized system implementation programs;

L. Construction design standards;

M. Any other activities that the city council may so direct;

N. Coordination of duties with other council-appointed boards, committees and commissions, as appropriate;

O. Long-range transportation planning; including participation with the planning commission in preparing, reviewing and recommending comprehensive plan updates and subarea transportation plans; provided, that the planning commission shall review and make final recommendations to the city council on all matters which will be adopted by the city council as part of the comprehensive plan; provided, that the commission shall not be responsible for traffic operations and street maintenance activities where professional staff receives clear direction from city council. (Ord. 4499 § 1, 1993; Ord. 4036 § 1, 1989.)

3.63.080 Staff support.

The department of transportation shall provide technical and clerical support for the commission. (Ord. 4570 § 1, 1993; Ord. 4036 § 1, 1989.)

Chapter 3.64
PLANNING COMMISSION

Sections:

3.64.110 Membership – Appointment – Terms.

3.64.120 Residence of members.

3.64.130 Repealed.

3.64.140 Vacancy filling – Unexpired terms.

3.64.150 Removal of members and filling of vacancies.

3.64.155 Bylaws and procedures.

3.64.160 Duties and responsibilities.

3.64.170 Comprehensive plan – Responsibilities.

3.64.175 Staff support.

3.64.180 Repealed.

3.64.185 Repealed.

3.64.190 Repealed.

3.64.110 Membership – Appointment – Terms.

A. The planning commission shall consist of seven members appointed by the mayor with the consent of a majority of the council and shall be selected without respect to political affiliations and shall serve without compensation. The term for all positions on the commission shall be for four years and each position shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term for that position shall serve until the end of the term. The expiration date of the terms of the positions on the commission shall be staggered so that not more than four positions expire in the same year.

B. No person shall serve more than two consecutive terms, provided a person appointed to fill an unexpired term of less than two years is eligible to serve two successive four-year terms, and provided further, a person who is ineligible to serve for having served two consecutive terms may again serve after two years have elapsed from the end of the second such term. (Ord. 3728 §§ 1, 3, 1986.)

3.64.120 Residence of members.

No person shall hold the office of member of the planning commission unless that person is a resident of the city. The office of member of the planning commission shall become vacant upon such member ceasing to be a resident of the city. (Ord. 3728 § 3, 1986.)

3.64.130 Instruction of members.

Repealed by Ord. 4680. (Ord. 3728 § 3, 1986.)

3.64.140 Vacancy filling – Unexpired terms.

Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired terms by appointment by the mayor with the approval of the city council. (Ord. 3728 § 3, 1986.)

3.64.150 Removal of members and filling of vacancies.

The planning commission chairperson or acting chairperson shall report inadequate performance of duties of a member to the mayor. Members may be removed, after a hearing, by the mayor, with the approval of the city council, for reasons including inefficiency, neglect of duty, many unexcused absences, conflict of interest or malfeasance in office. Notice of the charge and pendency of the hearing shall be given by mail to the residence of the accused member at least 10 days before the date of the hearing. The unexpired portion of such term shall then be filled by a person duly appointed by the mayor with the approval of the city council. (Ord. 4680 § 2, 1994; Ord. 3728 § 3, 1986.)

3.64.155 Bylaws and procedures.

The planning commission shall adopt bylaws and procedures, in addition to the limitations and standards set forth by the city council and consistent therewith, for the conduct of its meetings and hearings, for the setting of times of hearings, and for the giving of notices to the public and to property owners whose property rights or privileges may be altered by such action. A copy of the adopted bylaws and procedures may be obtained from the department of planning, neighborhoods, and economic development. (Ord. 4880 § 15, 1996; Ord. 4680 § 3, 1994; Ord. 3728 § 3, 1986.)

3.64.160 Duties and responsibilities.

A. The planning commission shall review the comprehensive plan and shall make recommendations concerning this to the city council.

B. The planning commission shall review land use ordinances and regulations of the city and make recommendations regarding such to the city council. The city council may take action on land use amendments without prior review or recommendation by the planning commission pursuant to the provisions set forth in LUC 20.35.400 through 20.35.450, provided a public hearing is held by the city council and a finding of necessity is made.

C. The planning commission shall recommend, establish priorities for, and review studies of geographic sub-areas in the city.

D. The planning commission shall be encouraged to maintain liaison with the planning agencies of other Eastside municipalities and regional planning agencies.

E. All other city boards, committees, and commissions shall coordinate their planning activities, as they relate to land use or the city comprehensive plan, with the planning commission.

F. The planning commission may hold public hearings in the exercise of its duties and responsibilities as it deems necessary.

G. The planning commission shall have such other duties and powers as heretofore have been or hereafter may be conferred upon the commission by city ordinances or as directed by council resolution, the performance of such duties and exercise of such authority to be subject to the limitations expressed in such enactments.

H. The planning commission should provide at least monthly communications to the city council highlighting major activities, future work plans, any changes in work plans and any policy direction requested. (Ord. 5790 § 7, 2007; Ord. 4680 § 4, 1994; Ord. 3728 § 3, 1986.)

3.64.170 Comprehensive plan – Responsibilities.

The planning commission is charged with the responsibility of monitoring the development of the city in relation to the comprehensive plan. Where development or absence of development indicates a condition, a problem, a new element of expansion, unforeseen and not anticipated by the plan, the commission shall notify the city council and, at the direction of a majority of the city council, shall study the subject; and if the commission determines that an amendment, refinement or clarification of the plan is advisable, a public hearing shall be held, with notice of the time, place and subject and published in the manner provided by law. Following the hearing the commission may, at a regular meeting, recommend an amendment of the plan to the council. (Ord. 4680 § 5, 1994; Ord. 3728 § 3, 1986.)

3.64.175 Staff support.

The department of planning and community development shall provide technical and clerical support for the commission. (Ord. 5821 § 5, 2008.)

3.64.180 Appeal from planning commission decision.

Repealed by Ord. 4680. (Ord. 3728 § 3, 1986.)

3.64.185 Effective date of orders.

Repealed by Ord. 4680. (Ord. 3728 § 3, 1986.)

3.64.190 Sound recordings to be made.

Repealed by Ord. 4680. (Ord. 3728 § 3, 1986.)

Chapter 3.65
BOARD OF ADJUSTMENT

Sections:

3.65.010 Created – Composition – Duties.

3.65.020 Procedures.

3.65.010 Created – Composition – Duties.

There is created and established a board of adjustment. The hearing examiner of the city, as created under Chapter 3.68 BCC, shall serve as the board of adjustment whenever the Bellevue City Code or Land Use Code provides for a hearing before the board. (Ord. 4924 § 1, 1996.)

3.65.020 Procedures.

The board shall have the power to prescribe rules and regulations concerning hearings held before the board. (Ord. 4924 § 1, 1996.)

Chapter 3.67
LIBRARY ADVISORY BOARD

Sections:

3.67.010 Terms – Expenses.

3.67.020 Residence of members – Vacancies.

3.67.030 Meetings – Organization.

3.67.040 Responsibilities of the board.

3.67.010 Terms – Expenses.

A. The library advisory board shall consist of seven members, appointed by the mayor with the consent of the majority of the city council. Members shall serve without compensation for their service. Support for the board is to be provided by the King County Library District.

B. The terms for all positions on the board shall be for four years and shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term for that position shall serve until the end of the term. The expiration date of the terms of the positions on the board shall be staggered so not more than four positions expire in the same year.

C. No person may serve more than two consecutive terms, provided a person appointed to fill an unexpired term of less than two years is eligible to serve two successive four-year terms; and provided further, a person who is ineligible to serve for having served two terms may again serve after two years have elapsed from the end of the second such term. (Ord. 4474 §§ 2, 3, 1992; Ord. 3727 § 8, 1986; 1961 code § 3.67.010.)

3.67.020 Residence of members – Vacancies.

No person may be appointed to a position on the board unless he or she is a resident of the city. A position on the board becomes vacant when that member ceases to be a resident of the city. The position of a member is forfeited and becomes vacant for failure to attend three regular consecutive meetings of the board, unless such absence is excused by a majority of the members of the board. (Ord. 4474 §§ 2, 3, 1992; Ord. 3727 § 9, 1986; Ord. 2763 § 1, 1979; 1961 code § 3.67.020.)

3.67.030 Meetings – Organization.

The board of library trustees shall hold meetings at regular intervals as provided in bylaws adopted by the board. Members of the board shall select a chairperson from among themselves and such other officers as they may deem necessary and may establish rules for the conduct of the meetings and business of the board. (Ord. 4474 §§ 2, 3, 1992; 1961 code § 3.67.030.)

3.67.040 Responsibilities of the board.

A. The board shall make periodic reports and recommendations to the city council and city manager relative to the scope and quality of library services being provided by the King County Library District to the residents of the city and, to the extent it is requested to do so by the city manager, shall represent the city’s interests before the King County Library Board with respect to such services.

B. At the request of the King County Library District, the board shall make studies concerning the need for, acquisition, utilization, care, maintenance and disposition of the library building or buildings and all property or equipment pertaining to or associated with library purposes and review, advise and make recommendations to the King County Library Board relative to the promulgation and enforcement of rules and regulations governing the use of the library, its building(s) and equipment and rules of conduct and behavior of persons using the same and frequenting the library building(s). (Ord. 4474 §§ 2, 3, 1992; 1961 code § 3.67.040.)

Chapter 3.68
HEARING EXAMINER Amended Ord. 5884

Sections:

3.68.200 Hearing examiner. Amended Ord. 5884

3.68.220 Office of hearing examiner. Amended Ord. 5884

3.68.230 Appointment.

3.68.235 Appointment of hearing examiners pro tempore.

3.68.240 Hearing examiner – Conflict of interest and freedom from improper influence.

3.68.250 Powers. Amended Ord. 5884

3.68.255 Hearings under Chapter 35.72 RCW, Contracts for Street Projects.

3.68.260 Procedures.

3.68.270 Payment of cost of transcription of verbatim written transcript.

3.68.200 Hearing examiner. Amended Ord. 5884

The purpose of this chapter is to provide an administrative land use regulatory system which will best satisfy the following basic needs:

A. The need to separate the city’s land use regulatory function from its land use planning function;

B. The need to ensure and expand the principles of fairness and due process in public hearings; and

C. The need to provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters. (Ord. 3728 § 5, 1986.)

3.68.220 Office of hearing examiner. Amended Ord. 5884

The hearing examiner shall exercise the authority of the hearing body, designated in Bellevue land use code and Bellevue city code for the land use matters set forth in BCC 3.68.250. Hearings held by the hearing examiner shall constitute the hearings required by state law for such land use matters. (Ord. 3728 § 5, 1986.)

3.68.230 Appointment.

The examiner shall be appointed by the city manager, the examiner shall be appointed solely with regard to qualifications for the duties of such office and shall have such training or experience as will qualify the examiner to conduct administrative or quasi-judicial hearings on land use regulatory matters. The examiner shall hold no other appointive or elective public office or position in the city government except as herein provided. (Ord. 3728 § 5, 1986.)

3.68.235 Appointment of hearing examiners pro tempore.

The city manager may appoint one or more hearing examiners pro tempore to act in the absence of the regular hearing examiner. Such appointment shall be from qualified applicants to be recommended by the hearing examiner. Hearing examiners pro tempore, when acting in such capacity, shall have all powers and duties of the hearing examiner as prescribed in this code or elsewhere. (Ord. 3728 § 5, 1986.)

3.68.240 Hearing examiner – Conflict of interest and freedom from improper influence.

A. The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or substantial financial interest.

B. No councilmember, city official or any other person shall attempt to influence or in any way interfere with the examiner in the performance of his designated duties. (Ord. 3728 § 5, 1986.)

3.68.250 Powers. Amended Ord. 5884

A. The examiner shall have the authority to and shall conduct public hearings and prepare a record thereof, and enter written findings and conclusions, recommendations or decisions for the following land use matters:

1. Applications for reclassifications;

2. Applications for conditional uses;

3. Applications for conditional uses in shorelines overlay districts;

4. Applications for planned unit developments;

5. Applications for plats;

6. Appeals of administrative short plat decisions;

7. Appeals of State Environmental Policy Act threshold determinations; and

8. Any other matter designated by this code or other city ordinance.

B. The examiner’s decision shall be based upon the policies of the comprehensive plan, Shorelines Management Act, State Environmental Policy Act, the standards set forth in the various land use regulatory codes of the city, or any other applicable program adopted by the city council. The examiner may attach reasonable conditions found necessary to make a project compatible with its environment and to carry out the goals and policies of the city’s comprehensive plan, shoreline master program, or other applicable plan or program adopted by the city council.

Such conditions may include but are not limited to the following:

1. Exact location and nature of development, including additional building and parking area setbacks, screenings in the form of landscaped berms, landscaping, or fencing:

2. Impact of the development upon other lands;

3. Hours of use of operation or type and intensity of activities;

4. Sequence and scheduling of development;

5. Maintenance of the development;

6. Duration of use and subsequent removal of structures;

7. Granting of easements for utilities or other purposes and dedication of land or other provisions for public facilities, the need for which the examiner finds would be generated in whole or in significant part by the proposed development;

8. Mitigation of any adverse environmental impacts; and

9. Provisions which would bring the proposal into compliance with the comprehensive plan policy.

C. The examiner shall have the power to prescribe rules and regulations concerning procedures for hearings authorized herein, subject to confirmation by the city council, to issue summons for and compel the appearance of witnesses, to administer oaths and to preserve order. The privilege of cross-examination of witnesses shall be accorded all interested parties or their counsel in accordance with rules of the examiner. (Ord. 3728 § 5, 1986.)

3.68.255 Hearings under Chapter 35.72 RCW, Contracts for Street Projects.

The examiner shall have the authority to and shall conduct public hearings and prepare a record thereof, and enter written findings and conclusions, and make a recommendation to the city council whenever a property owner requests a hearing under RCW 35.72.040 regarding assessment reimbursement contracts. (Ord. 5406 § 1, 2002.)

3.68.260 Procedures.

The procedures of BCC 20.35.100 et seq., BCC 20.35.200 et seq., or BCC 20.35.300 et seq., as applicable, will apply to the land use matters heard by the examiner. (Ord. 4978 § 23, 1997; Ord. 3728 § 5, 1986.)

3.68.270 Payment of cost of transcription of verbatim written transcript.

Whenever the city is required to prepare a verbatim written transcript of any proceedings of the city in response to a writ of review or other action filed in the superior court or any other state or federal court the cost of preparing the same shall be borne by the party filing the action. Within 10 days of the service of such writ of review or other action on the city, the city clerk shall notify the party filing the action that it will be necessary for the city to prepare a verbatim written transcript of the proceedings involved. In such notice, the city clerk shall state the date and subject matter of the public meeting(s) and/or hearing(s) involved and the estimated cost of the preparation of the transcript, including copying costs. Within 10 days of the receipt of such notification, the party filing such action shall pay said estimated cost to the city clerk and the city clerk shall thereafter make provision for the preparation of the transcript.

Should the actual cost incurred by the city in preparation of the transcript exceed the amount deposited with the city clerk, the party making such deposit shall be required to reimburse the city for such additional amount within 10 days of notification that such amount is due. Should the actual cost incurred by the city be less than the estimated cost deposited, such credit due shall be reimbursed by the city to the party making the deposit.

If transcripts have previously been prepared by the city clerk as provided for under Resolution No. 5097 with regard to appeals to the city council, then there shall be no additional charge to the party filing the action, except for copying costs, and such previously prepared transcripts shall be filed with the court by the city at no additional expense to the party appealing, except for copying costs.

Any party filing an action may request waiver of the payment of cost of transcription in accordance with the requirements set forth in Section 4 of Resolution No. 5097. (Ord. 5746 § 2, 2007.)

Chapter 3.70
DISPUTE RESOLUTION CENTER

Sections:

3.70.010 Establishment of dispute resolution center.

3.70.020 Staffing and administration.

3.70.030 Procedures.

3.70.040 Charge for use of dispute resolution center.

3.70.050 Written agreement required.

3.70.060 Report to administrator for the courts.

3.70.070 Confidentiality of centers’ files, etc. – Exception – Privileged communications.

3.70.080 Withdrawal from dispute resolution process.

3.70.090 Immunity from civil action.

3.70.010 Establishment of dispute resolution center.

There is hereby established pursuant to Chapter 7.75 RCW, the city of Bellevue’s dispute resolution center, which shall operate as a part of city government consistent with the procedures set forth in the program plan approved by the city council. (Ord. 4885 § 2, 1996.)

3.70.020 Staffing and administration.

The dispute resolution center and the employees and volunteers assigned to the center shall be under the direction and administration of the director of the department of planning and community development, or other person designated by the city manager. (Ord. 5821 § 6, 2008; Ord. 4885 § 2, 1996.)

3.70.030 Procedures.

The director of the department of planning, neighborhoods and economic development, or other person designated by the city manager, is authorized to adopt procedures, forms and policies consistent with the program plan for the administration and implementation of this chapter. (Ord. 4885 § 2, 1996.)

3.70.040 Charge for use of dispute resolution center.

The dispute resolution center shall provide dispute resolution services either without charge to the participants or for a fee which is based on the participant’s ability to pay. (Ord. 4885 § 2, 1996.)

3.70.050 Written agreement required.

A. In conducting a dispute resolution process, the dispute resolution center established under this chapter shall require:

1. That the disputing parties enter into a written agreement which expresses the method by which they shall attempt to resolve the issues in dispute; and

2. That at the conclusion of the dispute resolution process, the parties enter into a written agreement which sets forth the settlement of the issues and the future responsibilities, if any, of each party.

B. Pursuant to RCW 7.75.040(2), a written agreement entered into with the assistance of the dispute resolution center at the conclusion of the written dispute resolution process is admissible as evidence in any judicial or administrative proceeding. (Ord. 4885 § 2, 1996.)

3.70.060 Report to administrator for the courts.

The dispute resolution center shall annually provide to the administrator for the courts such data regarding its operation as the administrator requires. (Ord. 4885 § 2, 1996.)

3.70.070 Confidentiality of centers’ files, etc. – Exception – Privileged communications.

All memoranda, work notes or products, or case files of the dispute resolution center are confidential and privileged and are not subject to disclosure in any judicial or administrative proceeding unless the court or administrative tribunal determines that the materials were submitted by a participant to the center for the purpose of avoiding discovery of the material in a subsequent proceeding. Any communication relating to the subject matter of the resolution made during the resolution process by any participant, mediator, or any other person is a privileged communication and is not subject to disclosure in any judicial or administrative proceeding unless all parties to the communication waive the privilege. The foregoing privilege and limitation on evidentiary use does not apply to any communication of a threat that injury or damage may be inflicted on any person or on the property of a party to the dispute, to the extent the communication may be relevant evidence in a criminal matter. (Ord. 4885 § 2, 1996.)

3.70.080 Withdrawal from dispute resolution process.

Any person who voluntarily enters a dispute resolution process at the dispute resolution center may revoke his or her consent, withdraw from dispute resolution, and seek judicial or administrative redress prior to reaching a written resolution agreement. The withdrawal shall be in writing. No legal penalty, sanction, or restraint may be imposed upon the person. (Ord. 4885 § 2, 1996.)

3.70.090 Immunity from civil action.

Pursuant to RCW 7.75.100:

A. Employees and volunteers of the dispute resolution center are immune from suit in any civil action based on any proceedings or other official acts performed in their capacity as employees or volunteers, except in cases of wilful or wanton misconduct.

B. The dispute resolution center is immune from suit in any civil action based on any of its proceedings or other official acts performed by its employees or volunteers, except in cases of wilful or wanton misconduct by its employees or volunteers. (Ord. 4885 § 2, 1996.)

Chapter 3.72
POLICE AND FIREMEN CIVIL SERVICE

Sections:

3.72.010 Established.

3.72.015 Terms – Residency requirement.

3.72.020 Coverage.

3.72.025 Police corps.

3.72.030 Exceptions.

3.72.010 Established.

To substantially accomplish the purpose of Chapters 41.08 and 41.12 RCW, there is created a civil service commission to be composed of five members appointed by the city manager to exercise the powers and perform the duties established by state law in connection with the selection, appointment, promotion, demotion and employment of firefighters and police officers, below the rank of division director, of the city. (Ord. 2448 § 1, 1977; Ord. 1964 § 1, 1973; 1961 code § 3.72.010.)

3.72.015 Terms – Residency requirement.

A. The terms for all positions on the commission shall be six years and shall expire on May 31st of the last year of the term. Persons appointed to a position during the pendency of the term for that position shall serve until the end of the term. The expiration date of the terms of the positions on the commission shall be staggered so not more than three positions expire in the same year.

B. No person shall serve more than two consecutive terms, provided a person appointed to fill an unexpired term of less than two years is eligible to serve two successive six-year terms, and provided further, a person who is ineligible to serve for having served two consecutive terms may again serve after two years have elapsed from the end of the second such term.

3.72.020 Coverage.

Except as hereinafter specifically provided, and except as may be otherwise provided by the Rules and Regulations of the Civil Service Commission, the provisions of Chapters 41.08 and 41.12 RCW shall control the commission; the selection, appointment, promotion, demotion and employment of all firefighters and police officers, below the rank of division director, or its equivalent by whatever title denominated; and all other aspects of fire and police civil service in the city. (Ord. 2448 § 2, 1977; Ord. 2062 § 3, 1974; 1961 code § 3.72.020.)

3.72.025 Police corps.

A. Recitals and Findings.

1. The United States has adopted the Police Corps Act as Title XX, Subtitle A of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. §§ 14091 et seq. The purposes of the police corps are to:

a. Address violent crime by increasing the number of police with advanced education and training on community patrol; and

b. Provide educational assistance to law enforcement personnel and to students who possess a sincere interest in public service in the form of law enforcement.

2. The state of Washington is sponsoring, through the Criminal Justice Training Commission, the Police Corps Program in the state of Washington.

3. The city endorses the Police Corps Program and seeks to participate in the program through sponsorship of qualified candidates.

4. It is the purpose of this section to authorize participation of the city as a sponsoring agent for police corps candidates and to provide for integration of the Police Corps Program into existing civil service and hiring programs.

B. Police Corps Authorized. The city hereby authorizes the participation of the Washington Police Corps Program, subject to the terms and conditions of the Police Corps Program. The chief of police is authorized to enter into contracts necessary for the implementation of the Police Corps Program and sponsorship of police corps candidates.

C. Civil Service Integration.

1. Candidates for the Police Corps Program, sponsored by the city, shall be reviewed and approved by the civil service commission and chief of police or his/her designee prior to sponsorship.

2. Police corps candidates shall be subject to all requirements of employment qualification, including, but not limited to, background testing, polygraph, and other evaluations (collectively, “testing”). Testing may be employed both prior to sponsorship and following completion of the program.

3. Following approval of sponsorship by the civil service commission and the appointing authority, a candidate may be sponsored by the city. Upon successful graduation from the police corps, certification by the Washington Criminal Justice Training Commission, and completion of all testing, the candidate shall be employed as a probationary employee of the city subject to 42 U.S.C. § 14096 and regulations applicable to all law enforcement officers of the city. (Ord. 5236 §§ 1, 2, 3, 2000.)

3.72.030 Exceptions.

Notwithstanding anything in Chapters 41.08 and 41.12 RCW to the contrary:

A. In addition to any opportunity afforded the appointing authority to exercise a choice in the filling of a vacancy by the terms of Chapters 41.08 and 41.12 RCW, whenever requisition is made upon the commission for the names of persons eligible for appointment to any vacancy, the following will occur:

1. For original entry and lateral police office and fire fighter appointments the commission, instead of furnishing the name of the one person highest on any eligibility list, shall certify to the appointing authority the names of the five persons highest on such list if there are such persons available. The appointing authority shall forthwith appoint one of the certified persons to such vacant position.

2. For promotional appointments, the commission, instead of furnishing the name of the one person highest on any eligibility list, shall certify to the appointing authority the names of the three persons highest on such list, if there are such persons available. The appointing authority shall forthwith appoint one of the certified persons to such vacant position.

B. The chief of police shall have the complete discretion in:

1. The selection of any member of the police department to be assigned to a vacancy in the position of detective or juvenile officer, even though such position enjoys special compensation; provided, however, that such assignment shall in no case involve a decrease in salary or classification; and

2. Transfer of any member of the police department from the position of detective or juvenile officer; provided, however, that such transfer shall in no case involve a decrease in salary or classification, except the loss of any special compensation enjoyed by such position.

C. The civil service commission shall have the power to establish the length of time police officers or firefighters, below the rank of division director, must serve on a probationary status and shall establish such length of time pursuant to its rules and regulations; provided, in no case shall the probationary time period determined by the civil service commission to apply to police department employees or fire department employees exceed one year.

D. Temporary or provisional appointments may continue for, but shall not exceed six months. No person shall receive more than one temporary or provisional appointment or serve more than six months as either a temporary or provisional appointee in any one fiscal year. In addition, the appointing authority shall have the power in emergencies to appoint employees to fill vacant promotional positions in an acting capacity for the duration of the emergency. Such appointments shall be denominated “acting appointments” and shall not be included in determining the permissible number of, or period for, temporary or provisional appointments.

E. No acting appointments shall be continued and no person shall be employed in an acting position for more than the duration of the current certified civil service promotional list. Time served in a continuous acting capacity shall be credited towards the employee’s probationary period for the rank serviced in an acting capacity and shall be used in computing any privileges accruing under civil service law or these rules, if a vacancy occurs within the period that the acting member is assigned. The provisions of this subsection apply to fire department employees only. If this subsection conflicts with the provisions of any other subsection, the provisions of this subsection shall control. (Ord. 5687 § 1, 2006; Ord. 5471 § 1, 2003; Ord. 2448 § 3, 1977; Ord. 2062 §§ 1, 2, 1974; 1961 code § 3.72.030.)

Chapter 3.74
FIREMEN’S RELIEF AND PENSION FUND

Sections:

3.74.010 Established.

3.74.020 Municipal firemen’s pension board.

3.74.030 Firemen’s pension fund.

3.74.040 Volunteer firemen’s system established.

3.74.050 Board of trustees.

3.74.010 Established.

The municipal firemen’s relief and pension system, created, established and set forth in Chapter 41.18 RCW, is established in the city. All of the provisions, regulations and details of said chapters are by this reference incorporated herein. Any and all amendments of said chapters or of any section thereof hereafter made shall likewise by this reference be constituted amendments hereof, without the necessity of further adoption by the legislative authority of the city. (1961 code § 3.74.010.)

3.74.020 Municipal firemen’s pension board.

There is established a municipal firemen’s pension board, to consist of the officials and persons designated by statute, being initially the mayor, who shall be the chairman of the board, the city clerk, the chairman of finance of the city council, or if there is no chairman of finance, the city treasurer, and in addition two regularly employed firemen elected pursuant to the chapters. Such board and the members, secretary, employees and agents thereof shall have and exercise all powers, duties and functions prescribed by the chapters as amended. (1961 code § 3.74.020.)

3.74.030 Firemen’s pension fund.

There is established in the treasury of the city a fund to be known and designated as the “firemen’s pension fund,” into which shall be deposited moneys, bequests, fees, gifts, emoluments, donations, taxes, interest, contributions by firemen including deductions from their pay, and moneys deriving through the state from taxes on fire insurance premiums. Administration and disbursements from the fund shall be conducted and made as provided by statute. (1961 code § 3.74.030.)

3.74.040 Volunteer firemen’s system established.

The volunteer firemen’s relief and pension system created, established and set forth in Chapter 41.24 RCW, is established in the city. All of the provisions, regulations and details of the chapters are by this reference incorporated herein. Any and all amendments of the chapters or of any section thereof hereafter made shall likewise by this reference be constituted amendments hereof, without the necessity of further adoption by the legislative authority of the city. (1961 code § 3.74.040.)

3.74.050 Board of trustees.

There is established a board of trustees, to consist of the officials and persons designated by statute, being initially the mayor, who shall be the chairman of the board, the city clerk, one councilman, the fire chief and one fireman elected pursuant to statute. Such board and the members, secretary, employees and agents thereof shall have and exercise all powers, duties and functions prescribed by statute. (1961 code § 3.74.050.)

Chapter 3.79
HUMAN RESOURCES CODE

Sections:

3.79.010 Title and purpose.

3.79.020 Authority of city and delegation.

3.79.030 Applicability.

3.79.040 Definitions.

3.79.050 Employments.

3.79.060 Recruitment and selection.

3.79.070 Employment of relatives.

3.79.080 Employment and work place policies.

3.79.090 General working conditions.

3.79.100 Attendance, absenteeism and tardiness.

3.79.110 Job performance and changes in employment status.

3.79.120 Grievance process.

3.79.130 Compensation and benefit policy.

3.79.135 Declarations of marriage and domestic partnership.

3.79.140 Position classification.

3.79.150 Pay at time of transfer, promotion, reduction or demotion.

3.79.160 Salary ranges.

3.79.170 Service credit date.

3.79.180 Provisions for overtime compensation.

3.79.010 Title and purpose.

A. This chapter shall be known as “the human resources code” of the city of Bellevue, and is sometimes referred to herein as the “code.”

B. This chapter is enacted to:

1. Establish the terms and conditions of employment for city employees as described and limited herein;

2. Set forth the policies governing the administration of the human resources functions of the city administration;

3. Delegate to the city manager or his/her designee the authority to adopt and implement all rules, practices and/or procedures necessary or appropriate for administering this code;

4. Establish employment policies that recognize the city’s commitment to provide city services in an efficient and cost effective manner that looks to all possible technologies and resources to accomplish that purpose; and

5. Establish those employment positions that are entitled to receive city council authorized benefits. Unless an employee is appointed to serve in a position that the city council has designated as receiving city council authorized benefits, the employee shall not receive such benefits. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.020 Authority of city and delegation.

A. The city retains all rights to manage city operations and affairs in accordance with the powers and authority that an employer possesses including, but not limited to, the right to make work assignments, to determine the number of personnel assigned at any time to any function, to make reductions in force as determined necessary or appropriate subject to the limitations of this code, to develop workplace rules that promote efficiency and productivity in the workplace, and to promote city services to the community.

B. The city council hereby delegates to the city manager or his/her designee the authority to make all rules, practices and procedures necessary or appropriate to implement this code. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.030 Applicability.

This code applies to all employees of the city paid through the city’s payroll system, except those employees appointed to serve in positions in collective bargaining units. Specific provisions of this code may not be applicable to all employees covered under this code depending on the employee’s employment position or benefit status. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.040 Definitions.

The following terms shall have the meaning indicated for purposes of this code. Unless otherwise provided therein, they shall also apply to the city’s pay plan as adopted from time to time by the city council.

A. “Abandonment of a position” means unauthorized absence from work for a period of three consecutive days.

B. “Acting status” means the performance of the full duties of a position in the absence of the incumbent for a minimum of 30 consecutive days when assigned to do so by the appointing authority.

C. “Adjusted base salary rate” means an employee’s current base salary rate of pay plus a prorated share of any merit increase for which the employee may be eligible.

D. “Administrative leave” means paid leave of absence during disciplinary investigation or where it is determined to be in the best interest of the city.

E. “Agency worker” means a person working at the city on assignment from a temporary help agency or other labor-providing organization, and who is not paid through the city’s payroll system. An agency worker may not work at the city as an agency worker and in a partial benefit position at the same time. An agency worker may not work at the city as an agency worker for a period of more than nine months in any 12-month period, or in any successive combination as an agency worker and partial benefit employee for a combined total of more than the maximum annual number of hours or maximum period that is permitted for any partial benefit position worked. An agency worker who has worked at the city as an agency worker or in a successive combination as an agency worker and partial benefit employee who reaches a combined annual number of hours or periods worked that equals the maximums provided herein may not work at or for the city as an agency worker or partial benefit employee until he/she has complied with the limitation on the maximum annual number of hours as provided herein, or until he/she has not worked at the city for three months, or both, as the case may be. The city manager or his/her designee shall adopt procedures to implement the provisions and limitations of this subsection. An agency worker shall accrue no city benefits, even if he/she works as an agency worker and/or as a partial benefit employee for a period or for an annual number of hours in excess of any applicable limitations set forth in this code.

F. “Appointing authority” means the city manager or his/her designee.

G. “At-will employee” means an employee appointed to an at-will position and who serves at the pleasure of the appointing authority. At-will employees may be terminated with or without cause and may not utilize the grievance process. Supervisory performance counseling or evaluations (whether oral or written), initial close review, and/or discipline, or the absence of same, shall not result in a change in an at-will employee’s at-will status.

H. “At-will position” means a position for which the city council does not require a trial service period or a position filled by an employee who has not completed his or her trial service period. Positions in the E or M pay plan; positions being filled by trial service, limited term, training pool, transitional, temporary, nonregular part-time, student interns, and on-call employees; and any other positions being filled by employees who serve at the pleasure of the appointing authority are all at-will.

I. “Base hourly rate” means the hourly rate shown under “hourly” on each pay plan or base monthly salary times 12 and divided by 2,080, as required by the Fair Labor Standards Act (FLSA).

J. “Benefited employee” means an employee appointed to serve in a regular, limited term, training pool, or transitional position. “Benefited employee” also includes employees who are appointed to serve in such other positions as from time to time the city council expressly may designate as “benefited.” Benefited employees shall accrue such benefits as are expressly set forth in this code.

K. “Calendar month of service” means the minimum number of hours in a calendar month (e.g., January, February, etc.) for which a benefited employee must be in paid status (time worked, compensated leave, or sick leave) in order to earn and accrue sick leave and/or vacation credit for that month.

L. “Cause for disciplinary action” means acts or omissions of an employee warranting discipline up to, and including, termination from employment.

M. “Classification” means a systematic means for grouping similar positions and evaluating the relative compensation of the positions in relation to other positions within the city and the external market.

N. “Compensatory time (comp time)” means hours accumulated by nonexempt employees in lieu of overtime pay calculated at the rate of 1.5 times the overtime hours worked.

O. “Continuous length of service” means the length of time since a benefited employee’s most recent hire date.

P. “Demotion” means the movement of an employee from one classification level or pay grade to a lower classification level or pay grade as a result of reclassification, reorganization, voluntary change or disciplinary action.

Q. Discrimination. See “Unlawful discrimination.”

R. “Domestic partner” means persons of the same or different sex who:

1. Are each other’s sole domestic partner and live with each other in the same residence in an exclusive, emotionally committed, and financially responsible relationship similar to a marriage with the intent to continue doing so indefinitely;

2. Are not in a marriage legally recognized by the state of Washington;

3. At least 18 years old; and

4. Are not related by blood to a degree of closeness that would prohibit legal marriage in Washington state; and

5. Jointly responsible for each other’s common welfare and shared financial obligations.

S. “Employee” means a person appointed to serve in a position that is paid through the city’s payroll system.

T. “Exempt employee” means an employee who is exempt from FLSA overtime because he/she acts in a bona fide executive, administrative or professional capacity as defined under the Fair Labor Standards Act and as designated by the classification and pay system.

U. “Harassment” means acts or conduct of a harassing nature that would be offensive to the reasonable person including, but not limited to, unwelcome hitting, touching, impeding or blocking movement; physical interference with normal work; unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature including, but not limited to, making explicit or implied job threats in return for submission to sexual acts or movement; unwelcome epithets, derogatory comments or slurs; unwelcome derogatory posters, notices, bulletins, cartoons, or drawings or any other similar conduct; when any of such acts or conduct are directed at an individual based on race, color, creed, religion, gender, age, national origin, citizenship, marital status, sexual orientation, or the presence of any sensory, physical or mental disability.

V. “Immediate family” means an employee’s parents (natural, step-, adopted, foster, or individuals who stood in loco parentis to the employee when the employee was a child), sisters, brothers, spouse, domestic partner, children (natural, adopted, step-, foster, legal wards, children of domestic partners, or children of persons standing in loco parentis), mother/father-in-law, daughter/son-in-law, mother, father, daughter or son of domestic partners, grandparents, great-grandparents, grandchildren, and great-grandchildren.

W. “Job share” means two benefited employees with the same job classification, sharing one position in the same department within the city. The city manager or his/her designee will develop and implement rules prescribing which positions occupied by benefited employees may participate in job shares and rules and procedures pertaining thereto.

X. “Layoff” means the separation from city service of a regular full-time or part-time employee who has completed his/her applicable trial service period, because of reorganization, a change in the duties of a position, lack of work, changing needs of the organization, insufficient funding, or operational analysis.

Y. “Limited term employee” means an employee appointed to serve in a position for a specific project with a specific ending date which is anticipated to last for more than nine months. A limited term position shall last only for so long as the project or specific need for which it was created exists, but in no event longer than three years. The position shall only be used: (1) during periods of higher than usual workload, (2) during long-term absences of regular status employees, or (3) to perform work requiring specialized skills, and in each case only where the work reasonably cannot be performed using existing regular status employees. The city manager or his/her designee is authorized to create limited term employee positions consistent with this subsection and so long as sufficient appropriations exist within the current operating budget to pay the full cost of the positions. Limited term employees shall be at-will employees. The remaining terms and conditions of employment of a limited term employee shall be the same as if the employee were serving in an at-will regular status position. The city manager or his/her designee shall have the authority to set the salary of the position consistent with good personnel practices and the city’s compensation policy. Limited term employees shall receive no other compensation or benefits except as expressly provided herein. Limited term employees shall work either full-time or part-time as those terms are defined for regular status employees. Limited term employee positions are not regular positions and do not increase the number of city council created and budgeted full-time equivalent positions, or any portion thereof. For purposes of determining accrual rates for vacation leave, the service credit date for a limited term employee who during his/her period of service as a limited term employee is appointed to serve in a regular position shall be the hire date for his/her most recent term of service as a limited term employee.

Z. “Merit date” means the effective date that an employee is eligible for a merit increase.

AA. “Merit increase” means a within-range increase that may be awarded to an eligible employee on or after his/her merit date, based on satisfactory performance during the preceding 12-month period, or six-month period for newly hired employees hired at the minimum rate of the pay range.

BB. “Nonexempt employee” means an employee who is not exempt from FLSA overtime.

CC. “Nonregular part-time employee” means a partial benefit employee who is appointed to serve in a position that is regularly scheduled to work 20 hours or less per week and in no event more than 1,040 hours per year doing the ongoing work of the city. Nonregular part-time employees shall be at-will employees and shall accrue no benefits other than PERS or MEBT II if eligible, even if they work more than 1,040 hours in a year. Nonregular part-time positions are not regular positions and do not increase the number of city council created and budgeted full-time equivalent positions, or any portion thereof. The city manager or his/her designee shall adopt procedures to implement the provisions and limitations of this subsection. The city manager or his/her designee is authorized to create nonregular part-time positions consistent with this subsection and so long as sufficient appropriations exist within the current budget to pay the full cost of the position. The city manager or his/her designee shall have the authority to set the salary of the position consistent with good personnel practices and the city’s compensation policy. Nonregular part-time employees shall receive no other compensation or benefits except as expressly provided herein.

DD. “On-call employee” means a partial benefit employee who is appointed to serve in a position that does not have a regular work schedule, and the employee is called upon to work as needed: (1) when additional work requires an augmented work force, (2) in the event of an emergency, (3) to fill in during the absence of a regular employee, or (4) to fill a vacancy on an interim basis. An on-call employee may not work more than a total of 1,040 hours per year. On-call employees shall be at-will employees and shall accrue no benefits other than PERS or MEBT II if eligible, even if they work more than 1,040 hours in a year. On-call positions are not regular positions and do not increase the number of city council created and budgeted full-time equivalent positions, or any portion thereof. On-call employees shall be employed to supplement the regular work force and shall not be used to displace regular positions. The city manager or his/her designee shall adopt procedures to implement the provisions and limitations of this subsection. The city manager or his/her designee is authorized to create on-call positions consistent with this subsection and so long as sufficient appropriations exist within the current budget to pay the full cost of the position. The city manager or his/her designee shall have the authority to set the salary of the position consistent with good personnel practices and the city’s compensation policy. On-call employees shall receive no other compensation or benefits except as expressly provided herein.

EE. “Overtime” means time worked by a nonexempt employee in excess of 40 hours in an FLSA-defined work week compensable at time and one-half the employee’s regular hourly rate of pay. Time worked does not include paid leave time, except holiday leave.

FF. “Partial benefit employee” means any employee other than a benefited employee, and includes all employees who are appointed to serve in a position for which the city council has only approved MEBT II benefits, or alternatively, for which the employee receives only PERS benefits. “Partial benefit employee” includes those employees who are appointed to serve in temporary, nonregular part-time, student intern and on-call positions and such other positions as from time to time the city council may designate as receiving only such benefits. No person may work as a partial benefit employee or in any combination of partial benefit positions, whether concurrently or successively, where the combined number of hours worked or combined number of months worked exceeds the limitation on annual hours worked or the limitation on the number of months worked applicable to any partial benefit position(s) worked. The city manager or his/her designee shall adopt procedures to implement the provisions and limitations of this subsection. A partial benefit employee shall accrue no city benefits except those expressly set forth in this subsection, even if he/she works as a partial benefit employee for a period or for an annual number of hours in excess of any applicable limitations set forth in this code.

GG. “Pay plan” means the listing of employment classifications and the pay ranges associated with those classifications that describes the salaries and wages that may be paid to employees. The pay plan is adopted annually by the city council.

HH. “Promotion” means movement of an employee from one classification level or pay grade to a higher classification level or pay grade as a result of reclassification, voluntary change, or reorganization.

II. “Prorated accruals” means proration of vacation and sick leave accruals and holiday credits for a benefited part-time employee which is determined by dividing the employee’s regular weekly work schedule by 40 hours.

JJ. “Reassignment” means movement of an employee to a different work group with no change in classification or pay grade.

KK. “Reclassification of position” means the changing of a classification level or position of an employee as a result of a classification review and/or amendment to the classification plan in recognition of changes in job duties and responsibilities that have occurred over time, excluding any action resulting from discipline.

LL. “Reemployment” means employment of an employee who has terminated employment and who is subsequently rehired, when such employment does not qualify as reinstatement.

MM. “Regular employee full-time or regular full-time employee” means an employee who has successfully completed a trial service period as defined in this code for the regular position to which he/she is appointed and who regularly works a minimum of 40 hours per week in a regular position. A regular full-time employee may only be disciplined for cause.

NN. “Regular employee part-time” or “regular part-time employee” means an employee who has successfully completed a trial service period as defined in this code for the regular position to which he/she is appointed and who regularly works less than 40 hours but at least 22.5 hours a week in a regular position. A regular part-time employee may only be disciplined for cause.

OO. “Regular position” means a city council created position that is individually identified, counted and budgeted in the city’s budget as a full-time equivalent position, or some portion thereof. Employees appointed to serve in regular positions shall be eligible to receive the full range of city council approved benefits.

PP. “Regular status employee” means a regular full-time or part-time or at-will employee, serving in a regular position.

QQ. “Reinstatement” means return of a regular full-time or part-time employee to his/her former position within two years following layoff, leave of absence without pay, or classification reduction as a result of reorganization.

RR. “Reorganization” means reallocation of duties, assignments, workload, programs, service and/or responsibilities to achieve organizational objectives.

SS. “Salary range adjustment” means a percentage or fixed dollar adjustment of wages and salaries applied generally to pay ranges in the pay plan.

TT. “Service credit date” means the date assigned to each benefited employee upon his/her most recent appointment to serve in a benefited position with the city. Except as otherwise expressly provided in this code, it is the most recent date of hire into that benefited position.

UU. “Special assignment pay” means a specified monthly amount which is added to the base salary rate of an exempt benefited employee who is required to perform a special function or project that is outside of his/her normal work responsibilities and that requires the employee to work a substantial amount of extra work time. Written approval from the city manager or his/her designee is required for an employee to receive special assignment pay.

VV. “Special recognition award” means a lump-sum award for special recognition of exceptional service or performance that may be given to benefited E, G, L, and M pay plan employees.

WW. “Standby pay” means an allowance granted by the city manager or his/her designee to nonexempt employees in job classifications specified by the city manager or his/her designee who may be required to be available and subject to call outside of scheduled working hours. The city manager or his/her designee shall develop and implement rules and procedures for standby pay, and may set the amounts thereof consistent with good personnel practices and the city’s compensation policy, so long as sufficient appropriations exist within the current budget to pay the full cost thereof.

XX. “Student intern” means a partial benefit employee who is appointed to serve in a position that is regularly scheduled to work 20 hours a week or less during the school year, but that may be scheduled to work more hours per week during the summer break period, doing work for the city that is related to the bona fide educational program in which the employee is enrolled. Student interns shall be at-will employees and shall accrue no benefits other than PERS or MEBT II if eligible. A student intern’s employment shall terminate when he or she is no longer doing work for the city related to a bona fide educational program. The city manager or his/her designee shall adopt procedures to implement the provisions and limitations of this subsection. The city manager or his/her designee is authorized to create student intern positions consistent with this subsection and so long as sufficient appropriations exist within the current budget to pay the full cost of the positions. The city manager or his/her designee shall have the authority to set the salary of the positions consistent with good personnel practices and the city’s compensation policy. Student interns shall receive no other compensation or benefits except as expressly provided herein.

YY. “Temporary employee” means a partial benefit employee who is appointed to serve in a position that is temporary in nature and expected to last no longer than six months. A temporary position may be extended for one additional three-month period if required by changed circumstances or for efficiency. No person may be appointed to serve as a temporary employee for more than nine months in any 12-month period in one or more temporary positions. After working for the city for nine months in one or more temporary positions, a temporary employee may not again work for the city in a temporary position until at least three months have elapsed since he/she last worked for the city. A temporary employee is an at-will employee and shall accrue no benefits other than PERS or MEBT II if eligible, even if he/she works in one or more temporary positions for more than nine months in any 12-month period. The city manager or his/her designee shall adopt procedures to implement the provisions and limitations of this subsection. The city manager or his/her designee is authorized to create temporary positions consistent with this subsection and so long as sufficient appropriations exist within the current budget to pay the full cost of the positions. The city manager or his/her designee shall have the authority to set the salary of temporary positions consistent with good personnel practices and the city’s compensation policy. Temporary employees shall receive no other compensation or benefits except as expressly provided herein.

ZZ. “Training pool employee” means an employee who is hired into a position created for the purpose of training for a regular position of the city, where the hiring department has demonstrated to the city manager or his/her designee that: (1) the regular position has a recurring and consistent turnover rate on at least an annual basis, (2) the position is critical in order for the hiring department to carry out its mission, (3) a substantial training period is required for the regular position, and (4) creation of the training pool employee position will substantially reduce the overall costs resulting from turnover that otherwise would be incurred by the city. A training pool employee position may exist for the period needed for training, but in no event longer than one year. The city manager or his/her designee is authorized to create training pool employee positions consistent with this subsection and so long as sufficient appropriations exist within the current budget to pay the full cost of the positions. Training pool employees shall be at-will employees; the remaining terms and conditions of employment of a training pool employee shall be the same as if the employee were a new or newly promoted employee hired into the regular position for which the employee is being trained. Training pool employees shall work either full-time or part-time as those terms are defined for regular status employees. Training pool employee positions are not regular positions and do not increase the number of city council created and budgeted full-time equivalent positions, or any portion thereof. For purposes of determining accrual rates for vacation leave, the service credit date for a training pool employee who during his/her tenure as a training pool employee is appointed to serve in the regular position for which he/she was trained shall be the hire date for his/her most recent term of service as a training pool employee.

AAA. “Transfer” means reassignment of an employee to a different classification within the same pay grade.

BBB. “Transitional employee” means an employee who is appointed to serve in a position created for the purpose of training for the regular position of the city of an incumbent regular status employee as to whom the city manager has received sufficient documentation to satisfy the city manager that the regular position will become vacant within one year, and where: (1) the position is critical in order for the hiring department to carry out its mission, (2) a substantial training period is required for the regular position, and (3) the transitional employee position will substantially reduce the overall costs resulting from the vacancy in the incumbent employee’s position that otherwise would be incurred by the city. Receipt of a letter of resignation from the incumbent employee by a supervisor or manager shall constitute acceptance of the resignation for all purposes, including determining whether the incumbent’s position will become vacant. A transitional employee position may exist for the period needed for training for the incumbent employee’s position, but in no event longer than one year. The city manager or his/her designee is authorized to create transitional employee positions consistent with this subsection and so long as sufficient appropriations exist within the current budget to pay the full cost of the positions. Transitional employees shall be at-will employees; the remaining terms and conditions of employment of a transitional employee shall be the same as if the transitional employee were a new or newly promoted employee hired into the regular position for which the transitional employee is being trained. Transitional employees shall work either full-time or part-time as those terms are defined for regular status employees. Transitional employee positions are not regular positions and do not increase the number of city council created and budgeted full-time equivalent positions, or any portion thereof. For purposes of determining accrual rates for vacation leave, the service credit date for a transitional employee who during his/her tenure as a transitional employee is appointed to serve in the regular position for which he/she was trained shall be the hire date for his/her most recent term of service as a transitional employee.

CCC. “Trial service employee” means an employee appointed to serve in a regular full-time or part-time position who has not yet completed an initial trial service period for that position or has not yet completed a trial service period for that position after promotion, demotion or transfer. A trial service employee is an at-will employee serving at the pleasure of the appointing authority, whose employment can be terminated at any time with or without cause. Unless otherwise specified therein, the policies and procedures promulgated from time to time by the city manager or his/her designee as authorized by this code shall apply to trial service employees.

DDD. “Trial service period” means a specified length of time worked during which a newly hired, promoted, demoted or transferred regular full-time or part-time employee’s performance is reviewed to determine whether the match between the employee and the job is appropriate.

EEE. “Unlawful discrimination” means discrimination in employment prohibited by federal, state, or local law. (Ord. 5744 § 1, 2007; Ord. 5694 § 1, 2006; Ord. 5263 § 1, 2000; Ord. 5228 § 1, 2000; Ord. 5187 § 1, 1999; Ord. 5094 § 2, 1998.)

3.79.050 Employments.

The city of Bellevue shall have the following categories of employments:

A. Regular employees – full-time or part-time;

B. At-will employees. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.060 Recruitment and selection.

A. The city of Bellevue seeks to hire and promote qualified candidates for positions with the city. The city also supports diversity in the work force. The city manager shall develop and implement rules and procedures for recruitment and selection of employees as appropriate or necessary in conformance with applicable laws.

B. Recruitment and Moving Expenses. Recruitment and moving expenses may be reimbursed as provided and limited by rules and procedures developed by the city manager or his/her designee within the limitations of the adopted budget. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.070 Employment of relatives.

The city manager or his/her designee may adopt rules limiting the employment of some or all categories of immediate family members of current employees based on business necessity including those circumstances where there is a compelling and essential need to avoid business-related conflicts of interest, or to avoid the reality or appearance of improper influence or favor. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.080 Employment and work place policies.

A. Equal Employment Opportunity. The city has a policy of providing a work environment free from unlawful discrimination and harassment. The city will take appropriate steps so that employees have such a discrimination-free and harassment-free work environment, including appropriately disciplining, up to and including termination from employment, employees who are found to have violated this policy. The city manager shall develop a complaint procedure for reporting unlawful discrimination and harassment that requires employees to utilize the complaint procedure where they believe that they are being subjected to unlawful discrimination or harassment in the work place.

B. Code of Ethics. In accordance with the city’s code of ethics and other applicable law, the city manager will adopt rules for employees with respect to use of public property, conflicts of interest, and other work-related activities.

C. Outside Employment. Employees may retain their position with the city while having outside employment; provided, that such employment does not interfere with their assigned duties and responsibilities within the city and does not create a conflict of interest.

D. Intellectual Property. Any software authored or otherwise developed by an employee on city time or for city purposes is the property of the city. The city shall hold all rights and privileges regarding its use and distribution.

E. Smoking in the Work Place. Because the city wishes to promote a healthy and productive work environment consistent with applicable laws, the city manager shall adopt rules for regulating smoking in the work place and on/in city of Bellevue property.

F. Safety. All employees are responsible for following applicable health and safety precautions on the job including using appropriate safety equipment and clothing as required. The city manager or his/her designee is responsible for promoting safe working conditions and compliance with safety standards at work sites.

G. Accidents. The city manager or his/her designee shall adopt rules and procedures for the prompt reporting of on-the-job accidents, illnesses and/or injuries, and prescribing consequences for failure to report.

H. Work Place Violence. The city of Bellevue is committed to providing, insofar as it reasonably is able to do so within available budgetary appropriations and adopted policies, a safe environment for working and conducting business. The city will not tolerate acts of violence committed by employees while on city of Bellevue property or while performing city of Bellevue business at other locations. The city manager shall develop and implement rules that promote a work place free from violence, including defining dangerous weapons and prohibiting the possession or use of such dangerous weapons on city property, in city vehicles, or in any personal vehicle which is used for city business, with appropriate exceptions.

I. Substance Abuse Policy. It is the city’s policy that employees shall not be under the influence or in the possession of alcohol or illegal drugs while on city property, while at city work locations, and while on duty or subject to being called to duty. Employees shall not sell or provide alcohol or illegal drugs to any other employee or person while on duty. Employees engaged in selling illegal drugs whether on or off duty pose a serious risk to the reputation of the city and to the well-being of fellow employees and the city. Therefore, the city will not tolerate employees engaged in the selling of illegal drugs whether on or off duty. While the use of validly prescribed medications and drugs does not violate this policy, failure by an employee to notify his/her supervisor before beginning work when taking medications or drugs that foreseeably might interfere with the safe and effective performance of duties, or the operation of city equipment, can result in discipline up to and including termination.

The city reserves the right to search, without employee consent, all areas and property in which the city maintains control or joint control with the employee. The city further reserves the right to conduct for cause and/or random drug and alcohol tests as permitted by law in furtherance of this policy.

Refusal to immediately submit to an alcohol and/or drug test or analysis when lawfully requested by a manager or supervisor constitutes insubordination and is grounds for discipline up to, and including, termination.

The city manager or his/her designee shall develop necessary or appropriate rules for implementing this substance abuse policy including rules for random and for-cause drug and alcohol testing for applicants and employees.

J. Personnel Files. The city will maintain a personnel file for each employee. The city in its discretion reserves the right to assert the confidentiality of employee personnel files to the extent permitted by law. The city manager or his/her designee shall develop rules relating to the release of employee information including the release of information in response to requests for references for employment. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.090 General working conditions.

A. Work Hours. Except where otherwise specified in rules established by the city manager or his/her designee, work hours for city employees are from 8:00 a.m. to 5:00 p.m., Monday through Friday, holidays excepted. The city manager or his/her designee shall establish necessary or appropriate rules relating to the employee work week, work schedule, and work assignments.

B. Overtime (Nonexempt Employees). Non-exempt employees may be required to work overtime with prior authorization by the employee’s supervisor or manager.

C. Extra Work Compensation (Exempt). Exempt employees are not entitled to compensation or other benefits as a result of working in excess of their regular assigned hours unless under special circumstances preauthorized by the city manager or his/her designee and as permitted by law. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.100 Attendance, absenteeism and tardiness.

A. Policy. The successful and efficient operation of the city administration depends on prompt and reliable attendance of all employees. Therefore, the city shall have the right to require verification from an employee’s health care provider for absence from work due to illness or injury. It is further the city’s policy to provide appropriate levels of vital services to the community during unusual weather conditions and during emergencies while recognizing a concern for employees’ safety. The city manager or his/her designee shall develop rules and procedures as necessary or appropriate regarding attendance, absence from work, tardiness, reporting to work in unusual weather conditions, and natural disasters.

B. Abandonment of Position. An abandonment of position by an employee constitutes a resignation of employment. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.110 Job performance and changes in employment status.

A. Trial Service Period. Regular full-time and part-time employees shall serve a trial service period upon initial hire, promotion, demotion or transfer into regular positions. The trial service period is an integral part of the selection process. The length of the trial service period shall be established by the city manager or his/her designee.

The city manager or his/her designee may extend the trial service period where further trial service is considered appropriate and in the best interests of the city. The city manager or his/her designee shall develop and implement rules relating to the extension of trial service periods.

B. Performance of Employees. The city manager or his/her designee shall develop and implement rules relating to the review of employee job performance, consequences where performance is not satisfactory and merit increases.

C. Discipline.

1. Causes for Discipline. Regular full-time or part-time employees are subject to discipline for cause, up to and including termination from employment, where their acts or omissions have or may have an adverse effect on their ability to perform their job or have or may have an adverse effect on other employees or the city. Causes may include, but are not limited to:

a. Insubordination;

b. Unprofessional conduct, including disorderly conduct, indecent language, and immoral acts;

c. Unauthorized use of property;

d. Unauthorized use, release, or disclosure of confidential information;

e. Failure, inability or refusal to perform assigned duties; or performing job duties in an unsatisfactory, negligent or careless manner;

f. Verbal or physical abuse or harassment of an employee, a customer of the city, or a member of the public;

g. Making malicious, false, or derogatory statements about another employee;

h. Falsification of an employee’s application for employment, or of medical, time, or other records;

i. Habitual or unexcused absences or tardiness or abuse of any other leave policies;

j. Unauthorized absence from work for a period of three consecutive days (abandonment of position);

k. Theft, deliberate destruction, abuse or unauthorized possession of city property, or any other malicious or careless acts causing property damage, accidents or expense while acting in the scope of his/her employment;

l. Dishonesty;

m. Unlawful discrimination against or unlawful harassment of another employee, a customer of the city, or a member of the public;

n. Possession, sale, purchase, distribution, consumption, or being under the influence of alcohol or controlled substances while at work locations, or while on duty, subject to being called to duty or while on standby duty;

o. Sale or manufacture of illegal drugs off-duty;

p. A positive random drug test;

q. Failure or refusal to submit immediately to an alcohol or drug test or analysis when lawfully requested by a manager or supervisor;

r. Failure to comply with safety or security policies and procedures, or any conduct endangering the life, safety or health of self or others;

s. Possession or use of unauthorized explosives, unauthorized firearms, or other dangerous weapons on city premises;

t. Violation of city policy or procedure;

u. Subsequent to being hired, a conviction of a felony or misdemeanor; or

v. Misconduct of any kind not otherwise specified, or any other acts or omissions of an employee, that are inimical to the good working order of the city.

2. Imposition of Discipline. The level of discipline imposed is left to the discretion of the appointing authority or his/her designee based on a consideration of the totality of the circumstances, including progressive discipline and the severity of the infraction. Only regular full-time or part-time employees are entitled to be disciplined only for cause. At-will employees may be terminated at any time, with or without cause. The city manager or his/her designee shall develop and implement rules for imposing discipline consistent with this code.

3. Levels of discipline include any of the following:

a. Oral warning;

b. Written reprimand or warning;

c. Suspension without pay;

d. Demotion;

e. Discharge.

4. Process for Implementing Significant Discipline. The city manager or his/her designee shall develop and implement rules for imposing and appealing discharge, demotion, and suspensions without pay in accordance with this code and applicable law.

5. Liberty Interest Hearing. Where an employee is terminated from employment under circumstances requiring a liberty interest hearing, such hearing will be provided as required by law.

D. Resignation. Employees who resign from their employment with the city shall provide the city with reasonable advance notice of their resignation including the effective date of the resignation.

E. Layoff/Retention. The city shall have the right to reduce the number of employees of the city due to reasons of reorganization, a change in the duties of a position, lack of work, changing needs of the organization, insufficient funding or operational analysis. The city manager or his/her designee shall develop and implement rules for the redeployment or layoff of employees that are no longer needed in their current position, including the effects of such redeployment or layoff on wages, benefits and reinstatement. The city manager or his/her designee shall have the discretion to develop rules providing for severance pay in the event of layoff in an amount not inconsistent with budget constraints, and to determine when and in what circumstances these rules shall apply. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.120 Grievance process.

A. Who May Grieve. Regular full-time and part-time employees may use the grievance process. At-will employees may not use the grievance process, except as the city council otherwise expressly may provide.

B. What May Be Grieved. Alleged violations of this code, the HR policy manual, and/or the pay plan or as the city council otherwise expressly may provide, except as limited by this code, the HR policy manual and/or the pay plan. Basic management rights including the decision to assign and schedule work and decisions to lay off are not grievable. Appeals of significant discipline are governed by the process to be developed and implemented by the city manager or his/her designee pursuant to BCC 3.79.110(C)(4).

C. Grievance Procedure. The city manager or his/her designee shall develop and implement a grievance procedure which outlines the steps of the grievance procedure and the time limits which must be followed by the employee that is consistent with this code. The rules shall require that an employee file a grievance within 14 calendar days from the date the employee first was, or should have been, aware of the incident giving rise to the grievance. The grievance procedure shall end with an appeal to the city manager or his/her designee whose decision will be final and binding. The city manager or his/her designee in his/her discretion may refer the grievance to a hearing officer who will make a nonbinding recommendation to the city manager or his/her designee regarding the disposition of the grievance. The city manager or his/her designee may develop rules for alternative dispute resolution and may require participation therein. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.130 Compensation and benefit policy.

The city’s compensation policy is set forth herein. The city’s pay plan will be adopted annually by the city council.

A. Responsibility for Salary and Benefit Administration. The city manager or his/her designee is responsible for developing, interpreting, and administering the city’s compensation programs, maintaining records of employee time worked, calculating, adjusting and paying compensation earned, calculating the accrual and paying paid leaves of absence, determining amounts of deductions and contributions for employee benefits, paying benefits, conducting the prepayment audit of all expenditures, and developing and implementing rules and procedures necessary to carry out these functions.

B. Adjustments to Employee Compensation. The city manager may adjust employee compensation and/or benefits when this becomes necessary in order to carry out sound personnel management, and to accomplish objectives within the city’s defined commitments. However, the city manager may not adjust the salary or salary range for the city manager, nor may he/she adjust the compensation and/or benefits of bargaining unit employees as established by existing labor agreements, except in accordance with procedures established in collective bargaining; or in order to bring compensation and/or benefits in line with other bargaining units or unrepresented employees; provided however, such modifications may not exceed an annual cost to the city of $50,000 in the aggregate for any bargaining unit. The city manager or his/her designee shall develop and implement rules for correcting over/underpayments of salary or other forms of compensation.

C. Garnishment. The city of Bellevue will deduct a processing fee for the first payment made pursuant to a garnishment order or assignment of wages. If the garnishment or assignment is a continuing lien or charge on earnings, additional deduction may be made for the second and any subsequent payment under the garnishment or assignment.

D. Merit Increases. The city manager or his/her designee shall develop necessary or appropriate rules for timing of receiving merit increases that are consistent with this code, the adopted pay plan and budget constraints.

E. Special Recognition/Alternative Rewards. The city manager or his/her designee may approve implementation of other pay and benefit delivery systems within budget limits, such as gains sharing plans, small group incentive plans, and skill/knowledge-based plans; special recognition awards; service awards; reimbursement for training; professional memberships; licenses and certificates; clothing allowances; and tuition reimbursement programs.

F. Paid and Unpaid Leave Programs. The city manager or his/her designee shall develop and implement necessary and/or appropriate rules for the accrual and use of sick leave including maternity/paternity leave and bereavement leave, and all other paid and unpaid leaves, including family leave, military training leave, active military duty leave, jury duty, other civic duty and administrative leave, consistent with this code.

G. Paid Time Off Schedules.

1. Holidays Observed. The following are paid holidays for all regular status employees of the city, with exception of those employees in the J pay plan:

New Year’s Day (January 1st)

Martin Luther King’s Birthday (3rd Monday in January)

Washington’s Birthday (3rd Monday in February)

Memorial Day (last Monday in May)

Independence Day (July 4th)

Labor Day (1st Monday in September)

Veteran’s Day (November 11th)

Thanksgiving Day (4th Thursday in November)

The day immediately following Thanksgiving Day (4th Friday in November)

Christmas Day (December 25th)

2. Floating Holidays. Excluding employees in the J pay plan and employees who work 24-hour schedules and earn eight hours of holiday credit per month, benefited employees will receive 16 hours of holiday credit on January 1st of each year, in addition to the 10 designated holidays listed above. A part-time benefited employee will receive a prorated number of hours to reflect his/her normal scheduled work week, rounded to the nearest one-tenth hour. The city manager or his/her designee shall develop and implement all necessary or appropriate rules regarding holidays and floating holidays.

3. Vacation Leave.

a. Accruals. Each benefited employee will accrue vacation leave time at the following rate based upon his/her continuous length of service from his/her most recent service credit date as a benefited employee. A full-time benefited employee must be in paid status for at least 90 hours in a calendar month to earn vacation credit for that month (calendar month of service); a part-time benefited employee must be in paid status for at least 75 percent of his/her regularly scheduled work in a calendar month to earn vacation credit. Accruals are credited and posted to the employee’s account at the completion of each calendar month.

i. A part-time benefited employee will accrue vacation leave according to this schedule, prorated to reflect his/her normally scheduled work week as compared to a full-time work week of 40 hours. Prorated accruals are rounded to the nearest one-tenth hour.


Length of Service	Annual Leave in Days Per Year of Service	Hours of Leave Accrued Per Calendar Month of Service
0 – 4 years	12	8
5 – 9 years	15	10
10 – 14 years	19	12.7
15 – 19 years	22	14.7
20 years or more	25	16.7

ii. Employees in the fire department who work 24-hour shifts will accrue vacation leave according to the schedule specified in the firefighter’s bargaining unit contract, whether or not they are covered by that bargaining unit contract.

iii. A regular full-time or part-time employee reinstated from a layoff will begin at the same vacation accrual rate he/she was earning prior to the layoff.

iv. The city manager or his/her designee shall develop and implement necessary or appropriate rules for vacation including the accrual and use of vacation and payment of vacation upon termination, consistent with the adopted pay plan.

b. Accelerated Vacation Accruals for Exempt Level Employees. In order to ensure the city is competitive in hiring and retaining the most qualified employees in exempt level positions, the city manager is authorized to agree to an initial lump sum and specific monthly accruals of vacation time which exceed the schedules of earning contained in subsection (G)(3)(a), Accruals, of this section.

4. Sick Leave Accruals.

a. Each full-time benefited employee will earn sick leave at the rate of eight hours for each calendar month of service completed since his/her most recent service credit date as a benefited employee. A part-time benefited employee will earn a prorated number of hours which reflects the proportion his/her regularly scheduled work week is to a full-time work week of 40 hours. A full-time benefited employee must be in paid status for at least 90 hours in a calendar month to earn sick leave for that month; a part-time benefited employee must be in paid status for at least 75 percent of his/her regularly scheduled work in a calendar month to earn sick leave for that month. The maximum amount of sick leave that may be accrued at any time shall be 1,440 hours.

b. Fire department employees not in bargaining units who work 24-hour shifts and who are entitled to sick leave benefits will accrue sick leave at the rate of 12 hours per completed calendar month of service. The maximum amount of sick leave that may be accrued at any time shall be 1,440 hours.

c. Payment for Sick Leave Accruals at Time of Retirement. Upon retirement, a benefited employee is entitled to receive a cash payment equal to 10 percent of his/her current total unused sick leave hours, multiplied by the employee’s current base hourly rate.

d. Bonus for Non-Use of Sick Leave. The city manager or his/her designee may develop and implement a bonus program for non-use of sick leave within the city’s budget constraints. (Ord. 5325 § 1, 2001; Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.135 Declarations of marriage and domestic partnership.

To establish eligibility for benefits for a spouse or domestic partner, a declaration shall be required as follows:

A. Declaration of Marriage. The employee and spouse shall be required to sign a declaration of marriage under penalty of perjury that:

1. They are legally married to each other;

2. The employee shall notify human resources within 30 days of a legal separation or divorce;

3. They understand the consequences for intentional false or misleading statements on the declaration including employee discipline up to and including termination, loss of spousal benefits and financial reimbursement for ineligible benefits provided; and

4. They have (and if requested can provide) proof of a marriage license.

B. Declaration of Domestic Partnership. The employee and domestic partner shall be required to sign a declaration of domestic partnership under penalty of perjury that:

1. They meet the definition of domestic partner as provided in BCC 3.79.040(R) as now or hereafter amended;

2. The employee shall notify human resources within 30 days of the termination of the domestic partnership;

3. They understand the consequences for intentional false or misleading statements on the declaration including employee discipline up to and including termination, loss of domestic partner benefits and financial reimbursement for ineligible benefits provided; and

4. They have (and if requested can provide) at least three of the following:

a. Joint mortgage or lease.

b. Designation of domestic partner as beneficiary for life insurance.

c. Designation of domestic partner as beneficiary for retirement contract.

d. Designation of domestic partner as primary beneficiary in employee’s will or of employee in domestic partner’s will.

e. Durable property and health care powers of attorney.

f. Joint ownership of motor vehicle.

g. Joint checking account.

h. Joint credit account.

i. Washington state registration as a domestic partnership. (Ord. 5744 § 2, 2007.)

3.79.140 Position classification.

The city manager or his/her designee will develop and maintain a position classification system consistent with this code and the compensation policy of the city. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.150 Pay at time of transfer, promotion, reduction or demotion.

Consistent with budgetary constraints and the adopted pay plan, the city manager or his/her designee shall develop rules relating to employee pay at time of transfer, promotion, reduction and/or demotion. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.160 Salary ranges.

A. Salary ranges are established in accordance with market data and council policy, and are adopted by the city council.

B. Base salary rates for employees will be determined annually through the pay plan.

C. Base salary rates covered by collective bargaining unit agreements will be determined and amended through negotiation and in accordance with city council policy. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.170 Service credit date.

A. Establishment of Service Credit Date. A service credit date is established in the following manner. The service credit date for a benefited employee whose hire date occurs on or between the first and the fifteenth of a month will be on the first day of that month. The service credit date for a benefited employee whose hire date occurs on or between the sixteenth and the last day of the month will be on the first day of the following month.

B. Service Credit Date Adjustments. The service credit date for a benefited employee who has an interruption in service due to layoff or a leave of absence without pay for any reason (except active duty military service) will be adjusted to deduct the period of interruption in service (to the nearest whole month); provided, however, that the service credit date for a regular full-time or part-time employee who has completed his/her trial service period whose city employment is interrupted by a layoff and who is subsequently reinstated will also be adjusted so the employee receives credit for his/her continuous service as a regular full-time or part-time employee immediately prior to the effective date of the layoff where the period of the layoff does not exceed two years. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

3.79.180 Provisions for overtime compensation.

A. Nonexempt Employees.

1. An employee in a nonexempt position who is authorized and required to work overtime is entitled to one and one-half times his/her regular rate of pay for overtime worked where the employee has worked in excess of 40 hours in an FLSA defined work week. Time worked does not include paid leave time, except holiday leave.

2. The city manager or his/her designee shall develop and implement rules for the earning of compensatory time off in lieu of overtime pay not inconsistent with applicable laws. Benefited employees shall not be permitted to accrue compensatory time off in excess of 40 hours per calendar year.

B. Exempt Employees.

1. A full-time or part-time employee in an exempt position is salaried, and is paid a predetermined amount constituting all or part of his/her compensation. Exempt employees are not entitled to be paid for hours worked in excess of 40 hours per work week except as authorized by the city manager or his/her designee prior to the work being performed.

2. Special Assignment Pay for Exempt Employees in Certain Work Situations. The city manager or his/her designee may authorize payment of a flat, monthly premium to an exempt employee assigned to a special function or a project that is outside his/her normal work responsibility and requires the employee to work a substantial amount of extra time. (Ord. 5263 § 1, 2000; Ord. 5094 § 2, 1998.)

Chapter 3.80
CITY WHISTLEBLOWER POLICY
AND PROCEDURES

Sections:

3.80.010 Scope.

3.80.020 Policy.

3.80.030 Definitions.

3.80.040 Procedures.

3.80.010 Scope.

These policies and procedures (collectively, the “policy”) are adopted pursuant to and in accordance with the local government Whistleblower Protection Act, 1991, Washington Laws, Chapter 44 (the “Act”) and are designed specifically to protect such conduct and provide such remedies as are set forth in the Act. (Ord. 4526 § 2, 1993.)

3.80.020 Policy.

A. It is the policy of the city:

1. To encourage the reporting by its employees of improper governmental action taken by city officers or employees; and

2. To protect city employees who have reported improper government actions in accordance with this policy.

B. The city encourages the reporting of improper governmental action taken by any city officers or employees, and the reporting of retaliatory actions for such reporting. The city encourages initial reporting to the city to allow for expeditious resolution of all such matters and to minimize any adverse impacts of the improper action. This policy states the city’s procedures for reporting improper governmental action and for protecting employees against retaliatory actions. (Ord. 4526 § 3, 1993.)

3.80.030 Definitions.

As used in this policy, the following terms shall have the meaning indicated:

A. “Abuse of authority” means intentional misuse of power or position by a public officer or employee for an improper purpose.

B. “Emergency” means a circumstance that if not immediately changed may cause harm or injury to persons or property.

C. “Good faith” means action taken after a reasonable investigation of facts available to the employee, and after due consideration and with an honestly held belief that there was improper conduct.

D. “Gross waste” means a significant or recurring intentional misuse of public funds, and does not include unintentional errors.

E. “Improper governmental action” means any action by a city officer or employee:

1. That is undertaken in the performance of the officer’s or employee’s official duties, whether or not the action is within the scope of the employee’s employment; and

2. That:

a. Is in violation of any federal, state or local law or rule;

b. Is an abuse of authority with substantial adverse impact to the public interest;

c. Is a substantial and specific danger to the public health or safety; or

d. Is a gross waste of public funds;

3. Improper governmental action does not include personnel actions including, but not limited to, employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of applicable collective bargaining and civil service laws, alleged labor agreement violations, reprimands, or any other personnel action taken under authority of state law.

F. “Retaliatory action” means any adverse change in a city employee’s employment status or in the terms and conditions of a city employee’s employment based on the reporting by the employee of improper governmental actions.

G. “Rule” means any order, directive, or regulation, the violation of which subjects a person to a penalty or administrative sanction. (Ord. 4526 § 4, 1993.)

3.80.040 Procedures.

A. Attached to the ordinance codified in this chapter as Appendix A is a list of agencies responsible for enforcing federal, state and local law and investigating other issues involving improper governmental action. Employees having questions about these agencies or other procedures for reporting improper governmental action are encouraged to contact their supervisor or such other person as may be designated by their supervisor.

B. City employees who obtain knowledge of facts demonstrating improper governmental actions should raise the issue first with their supervisor, the city manager, the city manager’s designee, or the appropriate governmental agency responsible for investigating such improper action as listed in the attached Appendix A. If requested

by the supervisor, the city manager, or the city manager’s designee, the employee shall submit a written report to the city stating in detail the basis for the employee’s belief that an improper governmental action has occurred.

C. In the case of an emergency, the employee may report the improper governmental action directly to a person or entity who is not the person’s supervisor, the city manager, the city manager’s designee, or a government agency listed in the attached Appendix A. In all other cases, the employee must first follow the reporting procedure outlined in subsection B above.

D. City employees who fail to make a good-faith attempt to follow this policy in reporting improper governmental action shall not receive the protections provided under this policy or the Act. Employees who make false reports may be subject to the disciplinary procedures in the city personnel code.

E. The supervisor, the city manager, or the city manager’s designee, as the case may be, shall take prompt action to assist the city in properly investigating the report of improper governmental action. City officers, administrators, supervisors, and employees involved in the investigation shall keep the identity of reporting employees confidential to the extent possible under the law, unless the employee authorizes the disclosure of his or her identity in writing. After an investigation has been completed, the employee reporting the improper governmental action shall be advised of the summary of the results of the investigation, except personnel actions taken as a result of the investigation may be kept confidential.

F. City officials, administrators, supervisors and employees are prohibited from taking retaliatory action against the city employee because he or she has in good faith reported an improper governmental action in accordance with this policy.

G. Employees who believe that they have been retaliated against for reporting an improper governmental action should advise their supervisor, the city manager, or the city manager’s designee. City officials, administrators and supervisors shall take appropriate action to investigate and address complaints of retaliation. If the supervisor, the city manager, or the city manager’s designee, as the case may be, does not satisfactorily resolve a city employee’s complaint that he or she has been retaliated against in violation of this policy, the city employee may obtain protection under this policy by providing, in accordance with subsection H below, a written notice to the city council specifying the alleged retaliatory action, and the relief requested.

H. City employees shall provide written notice given under subsection G by delivery of such notice to the city clerk no later than 30 days after the occurrence of the alleged retaliatory action with a copy to the city manager. The city shall respond within 30 days to the charge of retaliatory action.

I. After receiving the response of the city or 30 days after the delivery of the written notice to the city manager, the city employee may request a hearing before the Bellevue hearing officer to establish that a retaliatory action occurred and to obtain appropriate relief provided by law. An employee seeking a hearing must deliver the request for hearing to the city manager within the earlier of either 15 days of delivery of the city’s response to the charge of retaliatory action or 45 days of delivery of the written notice given under subsection H to the city manager.

J. 1. Upon receipt of a request for a hearing, the city shall apply within five working days to the office of the Bellevue hearing officer designated pursuant to Chapter 3.79 BCC for an adjudicative proceeding. The city may provide legal representation for the city employee charged with retaliatory action in accordance with the requirements and exclusions of Chapter 3.81 BCC. The employee complaining of retaliation must prove his or her claim by a preponderance of the evidence in the hearing. The hearing officer will issue a final decision no later than 45 days after the date the request for hearing is delivered to the city manager, unless an extension of time is granted. The hearing officer has the authority to grant the employee reinstatement to his or her job position, with or without back pay. The hearing officer may issue such injunctive relief as may be found necessary to return the employee to the position he or she held before the retaliatory action and to prevent any recurrence of retaliatory action. The hearing officer may award costs and reasonable attorneys’ fees to the prevailing party. The final decision of the hearing officer is subject to judicial review under the arbitrary and capricious standard, by filing a petition for writ of certiorari with the Superior Court of King County within 10 days of the date of the decision.

2. The city will consider any recommendation provided by the hearing officer that the retaliator be suspended with or without pay, or dismissed.

K. The city manager or the city manager’s designee is responsible for implementing the city’s policies and procedures: (1) for reporting improper governmental actions, and (2) for protecting employees against retaliatory actions. This includes insuring that this policy is permanently posted where all employees will have reasonable access to it and that this policy is made available to any employee upon request. The city will, to the extent it considers practical, provide training and education on the whistleblower policy. City supervisors and administrators are responsible for insuring that this policy is fully implemented within their areas of responsibility. Violations of this policy may result in appropriate disciplinary action, up to and including dismissal.

L. This policy shall apply to improper governmental action occurring on or after January 1, 1993. (Ord. 5023 § 1, 1997; Ord. 4526 § 5, 1993.)

Chapter 3.81
LEGAL ACTIONS BROUGHT AGAINST CITY OFFICIALS AND EMPLOYEES

Sections:

3.81.010 Definitions.

3.81.020 Legal representation.

3.81.030 Exclusions.

3.81.040 Payment of claims – Conditions of representation.

3.81.050 Refusal to cooperate.

3.81.060 Conflict with provisions of insurance policies.

3.81.070 Pending claims.

3.81.080 Union contracts.

3.81.010 Definitions.

Unless the context indicates otherwise, certain words and phrases used in this chapter shall have the following meanings:

A. “Official” means any person who is serving or has served as an elected city official, any person who is serving or has served as an appointed member of any city board, commission or committee, any hearing examiner or hearing examiner pro tempore heretofore or hereafter appointed by the city manager under Chapter 3.68 BCC, and any person who is serving or has served as a member of a community council elected pursuant to Chapter 35.14 RCW.

B. “Employee” is any person who is or has been employed in the service of the city. (Ord. 4210 § 1, 1991; Ord. 2733 § 2, 1979.)

3.81.020 Legal representation.

As a condition of service or employment with the city, the city shall provide, subject to the conditions and requirements of this chapter, to an official or employee, notwithstanding the fact that such official or employee may have concluded service or employment with the city, such legal representation as may be reasonably necessary to defend a claim(s) filed against such official or employee which is not excluded by the provisions of this chapter, resulting from any conduct, act, or omission of such official or employee performed or omitted by the official/employee on behalf of the city in his/her capacity as a city official or employee and is within the scope of his/her service or employment with the city. Except as may be provided in any applicable municipal policy of insurance, such legal representation shall be provided by the city attorney or by an attorney designated by the city attorney. (Ord. 2733 § 3, 1979.)

3.81.030 Exclusions.

Except where coverage therefor is provided for city officials or employees under a policy of insurance or under the city’s self-insurance program established under Ordinance No. 2957, as said ordinance now exists or may hereafter be amended, the obligations assumed under this chapter by the city and the city attorney shall not apply to any dishonest, fraudulent, criminal or malicious act of an official or employee, or to any act of an official or employee which is not performed on behalf of the city or which is outside the scope of his/her service or employment with the city or to any lawsuit brought by or on behalf of the city. Further, the provisions of this chapter shall have no force and effect with respect to any accident, occurrence or circumstance in which the city, or an official or employee is insured against loss or damages under the terms of any valid insurance policy.

The determination of whether an official or employee was acting on behalf of the city and within the scope of his/her service or employment with the city shall be made by the city attorney. The determination of whether an official or employee committed a dishonest, fraudulent, criminal or malicious act shall be made by the city attorney. There shall be no appeal from such determinations. (Ord. 2956 § 1, 1981; Ord. 2733 § 4, 1979.)

3.81.040 Payment of claims – Conditions of representation.

Except as may be provided in any applicable municipal policy of insurance, the city attorney, or an attorney designated by the city attorney, shall, at the request and on behalf of any official or employee of the city, investigate and defend a claim which is within the provisions of this chapter and, if such claim is deemed by the city attorney to be a proper claim against such official or employee, then the same shall be paid by the city, provided that the following requirements are complied with:

1. The city attorney, or an attorney designated by the city attorney shall represent such official or employee;

2. In the event of any incident or course of conduct giving rise to a claim for damage and/or litigation, the official or employee involved shall, as soon as practicable, give the city attorney written notice thereof, identifying the official or employee involved, all information known to the official or employee with respect to the date, time, place, and circumstances surrounding the incident or conduct, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses;

3. Upon receipt thereof, the official or employee shall forthwith deliver any demand, notice, summons or other process relating to any such incident or conduct, to the city attorney, and shall cooperate with the city attorney or an attorney designated by the city attorney and, upon request, assist in making settlements of any suits and in enforcing any claim for any right of subrogation against any persons or organization that may be liable to the city because of any damage or claim of loss arising from said incident or course of conduct;

4. Such officials or employees shall attend interviews, depositions, hearings and trials, and shall assist in securing and giving evidence and obtaining the attendance of witnesses; and

5. Such officials or employees shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss, or damage.

In addition, if the city attorney determines that a claim against an official or employee does not come within the provisions of this chapter and a court of competent jurisdiction finds that such claim does come within the provisions of this chapter, then the city shall pay the claim and reasonable attorney’s fees. And, if the city attorney determines that a claim against an official or employee does come within the provisions of this chapter and a court of competent jurisdiction finds that such claim does not come within the provisions of this chapter, then the city shall be reimbursed for any costs or expenses incurred in defending such claim. (Ord. 2733 § 5, 1979.)

3.81.050 Refusal to cooperate.

In the event that any official or employee fails or refuses to cooperate as provided in BCC 3.81.040, or elects to provide his/her own representation with respect to any such claim, then all of the provisions of this chapter shall be inapplicable and of no force and effect with respect to any such claim. (Ord. 2733 § 6, 1979.)

3.81.060 Conflict with provisions of insurance policies.

Nothing contained in this chapter shall be construed to modify or amend any provision of any policy of insurance wherein the city or any official or employee thereof is the named insured. In the event of any conflict between this chapter and the provisions of any such policy of insurance, the policy provisions shall be controlling; provided, however, that nothing contained in this section shall be deemed to limit or restrict any employee’s or official’s right to full coverage pursuant to this chapter, it being the intention of this section to provide complete coverage outside and beyond insurance policies which may be in effect while not compromising the terms and conditions of such policies by any conflicting provision contained in this chapter. (Ord. 2733 § 3, 1979.)

3.81.070 Pending claims.

The provisions of this chapter shall apply to any pending claim or lawsuit against an official or employee or any such claim or lawsuit hereafter filed irrespective of the date of the events or circumstances contained in such claim or lawsuit. (Ord. 2733 § 8, 1979.)

3.81.080 Union contracts.

If a bargaining unit contract covers any of the provisions of this chapter, all employees under such contract shall be governed by the provisions thereof, rather than by the provisions of this chapter, and where any conflict exists between the provisions of any such contract and this chapter, such contract shall control. (Ord. 2956 § 2, 1981.)

Chapter 3.86
STATEWIDE CITY EMPLOYEES’ RETIREMENT SYSTEM

Sections:

3.86.010 Washington Public Employees’ Retirement System.

3.86.020 Police personnel – Withdrawal from state industrial insurance and medical aid coverage.

3.86.010 Washington Public Employees’ Retirement System.

In accordance with Chapter 41.40 RCW, the city is a participating employer, and every eligible employee a member, in the Washington Public Employees’ Retirement System. (1961 code § 3.86.015.)

3.86.020 Police personnel – Withdrawal from state industrial insurance and medical aid coverage.

The city, under authority of RCW 51.12.050, withdraws its police personnel from state industrial insurance and medical aid coverage. (1961 code § 3.86.070.)

Chapter 3.88
SURETY BONDS

Sections:

3.88.010 Employees requiring bonds – Amount.

A. In accordance with RCW 35A.13.070 and 35A.13.160, the following employees of the city shall each, before entering upon the performance of their respective duties, furnish to the city an official bond conditioned upon the honest and faithful performance and discharge of their official duties, and for the proper application of all money or property received by them by virtue of their position or employment, in at least the following amounts:

City manager $5,000

City treasurer 5,000

City clerk 5,000

Police chief 5,000

B. All such official bonds shall be approved by the city manager, except that the bond of the city manager shall be approved by the city attorney. The premiums on such bonds shall be paid by the city. (Ord. 4445 § 1, 1992; 1961 code § 3.88.010.)

Chapter 3.90
CODE OF ETHICS

Sections:

3.90.010 Declaration of policy.

3.90.020 Definitions.

3.90.030 Use of public property.

3.90.040 Conflict of interest.

3.90.050 Political activities.

3.90.060 Penalties.

3.90.010 Declaration of policy.

This chapter is enacted to establish guidelines for ethical standards of conduct which shall govern the performance of city employees in the conduct of public project work and other city business, and to prevent potential conflicts of interest. (Ord. 2436 § 1, 1977.)

3.90.020 Definitions.

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

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

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

1. Any person of the employee’s immediate family as that term is now or hereafter defined by BCC 3.79.040(V);

2. Any business entity in which the city employee is an officer, director, or employee;

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

4. Any person or business entity with whom a contractual relationship exists with the employee; provided, that a contractual obligation of less than $500.00, or a commercially reasonable loan made in the ordinary course of business or a contract for a commercial retail sale shall not be deemed to create an interest in violation of this chapter. (Ord. 5745 § 1, 2007; Ord. 2436 § 1, 1977.)

3.90.030 Use of public property.

No city employee shall request or permit the use of city owned vehicles, equipment, materials or property for personal convenience or profit. Use is restricted to such services as are available to the public generally, for the authorized conduct of official business, and for such purposes and under such conditions as are directed by administrative order of the city manager; provided, the use of a city vehicle by a city employee participating in a carpooling program established by the city, and for a purpose authorized under such program, shall not be considered a violation of this section or of any other provision of this code of ethics. (Ord. 2846 § 1, 1980; Ord. 2750 § 1, 1979; Ord. 2436 § 1, 1977.)

3.90.040 Conflict of interest.

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

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

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

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

2. An award publicly presented in recognition of public service; or

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

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

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

E. Engages in, accepts private employment from or renders services for private interest when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties;

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

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

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

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

1. Real property devoted to the personal use or residence of the employee or member of the employee’s immediate family; or

2. Any other interest in real property held by the employee on the date of enactment of this chapter. (Ord. 2846 § 2, 1980; Ord. 2436 § 1, 1977.)

3.90.050 Political activities.

A. No city employee shall use his official authority or influence for the purpose of interfering with or affecting the result of an election for a position on the Bellevue city council.

B. No city employee shall take an active part in the political management or political campaign of a candidate for a position on the Bellevue city council.

C. Nothing in this section shall prevent an employee from fully exercising those rights to participate in political activities granted by the provisions of RCW 41.06.250. (Ord. 2436 § 1, 1977.)

3.90.060 Penalties.

A. The violation or failure to comply with any of the provisions of this chapter is declared to be a misdemeanor, and upon conviction shall be punishable by a fine not exceeding $350.00, in addition to any other penalties authorized by law.

B. The city, through the authorized agents, may initiate appropriate civil action against any person who violates or fails to comply with any provision of this chapter.

C. Any employee whose conduct is determined by the city manager to be in violation of this chapter may be terminated from employment and/or temporarily suspended with loss of pay up to and including 30 days by the city manager.

D. Any contract or transaction which is the subject of an official act or action of the city in which there is an interest prohibited by this chapter or which involves the violation of a provision of this chapter, shall be voidable at the option of the city. (Ord. 2436 § 1, 1977.)

Chapter 3.92
CODE OF ETHICS – CITY COUNCIL AND CITY BOARDS, COMMISSIONS AND COMMITTEES

Sections:

3.92.010 Declaration of policy and purpose.

3.92.020 Adoption of state law by reference.

3.92.030 Violations – Penalties.

3.92.010 Declaration of policy and purpose.

It is the policy of the city council that the council and city boards, commissions and committees conduct city business in accordance with high ethical standards. It is the purpose of this chapter to establish standards of ethical behavior which will govern members of the city council and members of all city boards, commissions and committees. (Ord. 4049 § 1, 1989.)

3.92.020 Adoption of state law by reference.

To the extent that they are by their terms applicable to public officers, public officials and municipal officers, Chapters 42.22 and 42.23 RCW are adopted by this reference and made applicable to members of the city council and the city’s boards, commissions and committees. (Ord. 4049 § 1, 1989.)

3.92.030 Violations – Penalties.

Any violation of this chapter by any member of the city council or of any city board, commission or committee shall be punishable as provided in Chapters 42.22 and 42.23 RCW, respectively. (Ord. 4049 § 1, 1989.)

Chapter 3.96
HAZARDOUS MATERIALS INCIDENT COMMAND AGENCY

Sections:

3.96.010 Agency designated.

3.96.020 Emergency assistance agreements authorized.

3.96.030 Verbal emergency assistance agreements.

3.96.040 Limitation on liability.

3.96.010 Agency designated.

Pursuant to RCW 70.136.030, the city of Bellevue fire department is designated as the hazardous materials incident command agency within the boundaries of the city of Bellevue. The fire chief shall be the director of the agency. (Ord. 3256 § 1, 1983.)

3.96.020 Emergency assistance agreements authorized.

The agency by and through its director is authorized to enter into written hazardous materials emergency assistance agreements with any person, as defined in RCW 70.136.020(3), whose knowledge or expertise is deemed potentially useful to the agency. (Ord. 3256 § 1, 1983.)

3.96.030 Verbal emergency assistance agreements.

The agency is authorized to enter into verbal hazardous materials emergency assistance agreements at the scene of an incident where execution of a written agreement prior to the incident is not possible, to the extent and in the manner authorized under RCW 70.136.070. (Ord. 3256 § 1, 1983.)

3.96.040 Limitation on liability.

Persons, as defined in RCW 70.136.020(3), who render emergency care, assistance or advice on behalf of the agency shall be entitled to immunity from liability for civil damages to the extent provided under RCW 70.136.050. (Ord. 3256 § 1, 1983.)

Chapter 3.98
EMERGENCY SERVICES ORGANIZATION

Sections:

3.98.010 Established.

3.98.015 Operations.

3.98.020 Director of emergency services.

3.98.030 Powers.

3.98.040 Emergency operations board.

3.98.050 Emergency preparedness manager.

3.98.060 Emergency management committee.

3.98.010 Established.

Pursuant to Chapter 38.52 RCW, there is established in the city, an emergency management organization for the purpose of performing local emergency management functions. The organization shall represent the city and shall perform functions only within the city. (Ord. 4367 § 1, 1992; Ord. 3384 § 1, 1984.)

3.98.015 Operations.

The organization shall operate under the policy guidance of the Bellevue emergency operations plan which shall include the following operational elements: organization, responsibilities, concept of operations, administration and logistics, direction and control. (Ord. 4633 § 1, 1994; Ord. 4367 § 2, 1992; Ord. 3384 § 1, 1984.)

3.98.020 Director of emergency services.

The organization shall be headed by the director of emergency services. The city manager or his designee shall serve as the director of emergency services. The director shall be directly responsible for the organization, administration and operation of the emergency management organization. The emergency operations plan and any amendments thereto shall be effective when approved by the director. (Ord. 4633 § 2, 1994; Ord. 4367 § 3, 1992; Ord. 3384 § 1, 1984.)

3.98.030 Powers.

The organization shall have all powers granted under Chapter 38.52 RCW as now or hereafter amended and as may otherwise be provided by law. (Ord. 3384 § 1, 1984.)

3.98.040 Emergency operations board.

A. There is created and established an emergency operations board to oversee and provide policy recommendations to the city council during emergency and recovery periods, and to provide policy direction for development and maintenance of the emergency operations plan. During any emergency or disaster, the board shall also oversee and provide direction to the emergency management committee, and shall be chaired by the director of emergency services.

B. The emergency operations board shall consist of the following members:

1. City manager, who shall be the chairperson;

2. Deputy city manager, who shall be the vice-chairperson;

3. City attorney;

4. Fire chief;

5. Police chief;

6. Director, department of community development;

7. Director, department of finance;

8. Director, department of parks and community services;

9. Director, department of planning, neighborhoods, and economic development;

10. Director, transportation department;

11. Director, utilities department;

12. Director, office of human resources;

13. Director, department of information services; and

14. Other departments or divisions as designated by director.

C. Each department director shall have specific duties and responsibilities for mitigation, preparedness, response and recovery as provided in the city emergency operations plan and shall ensure that the policies established by the emergency management organization in the plan are implemented within their respective city departments. (Ord. 4880 § 13, 1996; Ord. 4633 § 3, 1994; Ord. 4367 § 4, 1992.)

3.98.050 Emergency preparedness manager.

The director or his designee shall appoint an emergency preparedness manager to direct and coordinate development, implementation and maintenance of the emergency operations plan as chairperson of the emergency management committee, to provide coordination with outside agencies and organizations involved in emergency planning, to provide for public education and information, to manage the emergency operations center during emergencies and to perform such other functions as the director shall designate. (Ord. 4367 § 5, 1992.)

3.98.060 Emergency management committee.

The emergency operations board shall appoint an emergency management committee to provide staff support to the emergency preparedness manager and the emergency operations board in the development, implementation and maintenance of any emergency operations plan, and to staff the emergency operations center and perform any other necessary functions during any emergency or disaster. The committee shall consist of such key city personnel as are designated by the city department directors and approved by the director, and such personnel from outside professional and volunteer organizations having key roles in emergency preparedness, planning and response activities as determined by the emergency preparedness manager. The emergency preparedness manager shall chair the committee. (Ord. 4367 § 6, 1992.)

Chapter 3.99
GROUP HOMES ADVISORY BOARD

Sections:

3.99.010 Board established – Appointment – Membership.

3.99.020 Authority of board.

3.99.030 Public meeting – Notice – Procedure.

3.99.040 Advisory recommendation – Effect.

3.99.010 Board established – Appointment – Membership.

There is established a group homes advisory board consisting of seven voting members and one nonvoting, advisory member, appointed by the city council upon the recommendation of the city manager to terms of four years, as follows:

A. One member shall be a person with knowledge, experience and expertise in the operation of group homes for children, as that term is defined in BCC 9.19.020.

B. One member shall be a juvenile court judge or juvenile justice system representative.

C. One member shall be a current or former member of the Bellevue human services commission.

D. One member shall be a former elected official.

E. One member shall be a superintendent of schools or designee thereof;

F. One member shall be the Bellevue chief of police.

G. One member shall be a representative of an established community organization.

H. One member shall be a representative of Bellevue Youth Link, who will serve in a nonvoting, advisory capacity.

No person shall be appointed to a position on the board unless he or she is a resident of the city. If a member ceases to be a resident of the city his or her position shall immediately become vacant. (Ord. 5003 § 1, 1997.)

3.99.020 Authority of board.

The board shall have the authority to:

A. Review, comment and issue advisory recommendations on basic operating plans for group homes for children when such review is requested under BCC 9.19.080.

B. Review, comment and issue advisory recommendations on complaints regarding adherence or nonadherence to a basic operating plan for a group home for children, or problems or issues relating to the operation of the group home, when requested to do so after completion of the conflict resolution process under BCC 9.19.070(D). (Ord. 5003 § 1, 1997.)

3.99.030 Public meeting – Notice – Procedure.

A. Goal. Board proceedings will be conducted informally and in a manner so as to provide the maximum opportunity for the participants in the process to resolve their issues amicably, and formal procedural and evidentiary rules shall not apply.

B. When a request for review under BCC 3.99.020 is received by the board, it shall set a date for a public meeting thereon. The board shall adhere strictly to the time limitations set out in BCC 9.19.080 when reviewing a basic operating plan under that section. The director of community development, on behalf of the board, shall give written notice of the time, date, place and purpose of the meeting by mailing such notice to the persons entitled to participate in the meeting under BCC 9.19.070(D) or 9.19.080, as the case may be.

C. The board may adopt such rules and procedures for the orderly and efficient conduct of its meetings as are appropriate to expedite the proceedings and meet the time limits established under Chapter 9.19 BCC, and as are consistent with the goal set forth in BCC 3.99.030(A).

D. The board will meet as needed, but not less frequently than once every 12 months.

E. The board will be provided staff support by the city. (Ord. 5003 § 1, 1997.)

3.99.040 Advisory recommendation – Effect.

Following the meeting at which it reviews the matter requested under BCC 3.99.020, the board may review and consider all information received at the meeting and such other information as it considers useful and relevant. It may render an advisory recommendation on the issues presented to it in which it may make such suggestions and recommendations regarding the basic operating plan or the conflict, as the case may be, as it considers appropriate. Such advisory recommendation is not binding on the provider or any other person and neither the provider nor any such person shall be obligated to act on or implement any part thereof. A copy of any advisory recommendation shall be mailed by the director to all persons submitting oral comments at the board’s meeting or written comments at or before the board’s meeting, and to all other persons and agencies designated in BCC 9.19.070(D) or 9.19.080, as the case may be, as entitled to participate in the board’s proceedings. (Ord. 5003 § 1, 1997.)

Title 3PERSONNELAmended Ord. 5838 Ord. 5884

Chapter 3.04CITY MANAGER

3.04.010 Powers and duties.

3.04.020 Office full-time job – Oath.

Chapter 3.08CITY CLERK

3.08.010 Office created – Appointment – Vacancy.

3.08.020 Bond – Oath.

3.08.030 Powers and duties.

3.08.040 Compensation.

Chapter 3.19DISTRICT COURT

3.19.010 Ordinance violations – Jurisdiction.

Chapter 3.33EMERGENCY AND SAFETY SERVICES GROUP

3.33.010 Established – Duties.

3.33.020 Organization – Departments and divisions.

3.33.030 Director(s) – Appointment – Removal.

3.33.040 Director(s) – Bond – Oath.

3.33.050 Director(s) – Powers and duties – Compensation.

3.33.060 Appointment of deputies and other officers – Administrative structure.

3.33.070 Assignment of officers.

Chapter 3.36CIVIC SERVICES DEPARTMENT

3.36.010 Department established – Functions.

3.36.020 Director – Responsibilities.

Chapter 3.37DEPARTMENT OF FINANCEAmended Ord. 5838

3.37.010 Department established – Function.

3.37.020 Director – Appointment.

3.37.030 Director – Designated treasurer.

3.37.040 Director – Bond.

3.37.050 Director – Powers and duties – City funds – List.

3.37.060 Director – Investment of city funds.

3.37.070 Director – Interfund loan authority.

3.37.080 Director – Petty cash accounts.

3.37.090 Director – Credit cards.Amended Ord. 5838

3.37.100 Authority of director regarding delinquent accounts.Amended Ord. 5838

3.37.110 Director – Advance of/ reimbursement for employee business expenses.Amended Ord. 5838

Chapter 3.38WATERWORKS UTILITY

3.38.010 Composition.

3.38.020 Director and organization.

3.38.040 Powers.

Chapter 3.39DEPARTMENT OF TRANSPORTATION

3.39.010 Department established – Functions.

3.39.020 Director – Appointment – Responsibilities.

3.39.030 Engineering and development standards.

Chapter 3.40STORM AND SURFACE WATER UTILITY

3.40.010 Established – City powers.

3.40.020 Director – Responsibilities.

3.40.030 System adopted – Transfer of administrative duties.

3.40.040 Engineering and development standards.

3.40.050 Board of appeals.

3.40.060 Intensity of development classification – Appeal.

3.40.065 Civil penalties and change in billing rate – Appeal.

3.40.070 Procedure before board of appeals.

3.40.080 Decision of the board.

Chapter 3.41UTILITIES DEPARTMENT

3.41.010 Department established – Functions.

3.41.020 Director – Appointment – Responsibilities.

3.41.030 Engineering and development standards.

Chapter 3.42DEPARTMENT OF PARKS AND COMMUNITY SERVICES

3.42.010 Department of parks and community services – Creation of.

3.42.020 Director.

3.42.030 Qualifications of office.

3.42.040 City manager’s powers and duties.

3.42.050 Acquisition of land.

3.42.060 Use charges.

Chapter 3.43PARKS AND RECREATION FACILITIES CODE

3.43.010 Police power.

3.43.020 Definitions.

3.43.030 Rulemaking.

3.43.040 Overnight camping.

3.43.050 Fireworks.

3.43.060 Littering.

3.43.070 Game refuge, sanctuary or reserve – Disturbance of wildlife.

3.43.080 Capturing or striking wildlife prohibited.

3.43.090 Feeding of animals.

3.43.100 Trespassing.

3.43.110 Removal or destruction of property.

3.43.130 Dogs and pets – Prohibited areas.

3.43.135 Dogs and pets – Prohibited on certain beaches.

3.43.140 Removal of animal feces.

3.43.145 Animals running at large prohibited.

3.43.150 Disturbances by animals.

Title 3
PERSONNELAmended Ord. 5838 Ord. 5884

Chapter 3.04
CITY MANAGER

Chapter 3.08
CITY CLERK

Chapter 3.19
DISTRICT COURT

Chapter 3.33
EMERGENCY AND SAFETY
SERVICES GROUP

Chapter 3.36
CIVIC SERVICES DEPARTMENT

Chapter 3.37
DEPARTMENT OF FINANCEAmended Ord. 5838

Chapter 3.38
WATERWORKS UTILITY

Chapter 3.39
DEPARTMENT OF TRANSPORTATION

Chapter 3.40
STORM AND SURFACE WATER UTILITY

Chapter 3.41
UTILITIES DEPARTMENT

Chapter 3.42
DEPARTMENT OF PARKS AND COMMUNITY SERVICES

Chapter 3.43
PARKS AND RECREATION
FACILITIES CODE

Chapter 3.44
DEVELOPMENT SERVICES DEPARTMENT

Chapter 3.45
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT*

Chapter 3.46
INFORMATION TECHNOLOGY DEPARTMENT

Chapter 3.47
OFFICE OF HUMAN RESOURCES

Chapter 3.48
TEMPORARY APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES

Chapter 3.50
BUILDING CODE BOARD OF APPEALS

Chapter 3.52
CONSTRUCTION CODES
ADVISORY COMMITTEE

Chapter 3.55
ENVIRONMENTAL SERVICES COMMISSION

Chapter 3.56
ARTS COMMISSION

Chapter 3.61
HUMAN SERVICES COMMISSION