TITLE 1
ADMINISTRATION AND PERSONNEL*
Chapters:
1.02 General Penalty
1.03 City Classification
1.04 City Council
1.08 City Officers and Employees
1.12 Employment Regulations
1.14 Equal Employment Opportunity Policy
1.15 Employee Award Programs
1.16 City Attorney
1.18 Department of Public Works
1.20 Department of Planning
1.26 Department of Public Services
1.28 City Supervisor
1.36 Police Department
1.37 Fire Department
1.38 Police and Fire Department Civil Service System
1.40 Salaries of City Officers
1.44 Volunteer Firemen's Relief and Pension Fund Board of Trustees
1.52 Parks and Recreation Commission
1.53 Arts Commission
1.54 Cemetery Committee
1.55 Lawson Gardens Committee
1.56 Commission and Board Reports
1.68 Bond Issues
1.72 Voting Registration
1.74 Ordinance Enactment Procedure
1.76 City Wards
1.80 Fees for Services
1.84 City Cemetery
1.88 Urban Forestry
1.96 Finance Department and Director
1.98 Demands Against the City
1.100 Collection Charge
1.102 Interest on Past-due Accounts
1.105 Public Records
1.107 Procurement
* For statutes relating to non-charter code cities generally, see R.C.W. Title 35A; for miscellaneous statutes affecting all cities, see R.C.W. Ch. 35.21.
Chapter 1.02
General Penalty
Sections:
1.02.010 General penalty--Civil infractions--Burden of proof.
1.02.015 Failure to appear before court--Penalty.
1.02.020 Schedule of penalty forfeitures.
1.02.030 Administrative Responsibilities.
1.02.040 Preliminary Determination of Violation.
1.02.050 Notice of Violation or Notice of Civil Infraction.
1.02.060 Notice of Civil Infraction.
1.02.070 Person Receiving Notice - Identification and Detention.
1.02.080 Response to Notice of Civil Infraction.
1.02.090 Failure to Respond.
1.02.100 Procedure at Contested Hearing.
1.02.110 Hearing on Mitigating Circumstances.
1.02.120 Notice, Failure to Sign, Nonappearance - Failure to Satisfy Penalty.
1.02.130 Certification of Correction.
1.02.140 Remedies Not Exclusive.
1.02.150 Parking Infractions - Recommendations as to Penalty.
1.02.160 Construction.
1.02.170 Severability.
1.02.010 General penalty--Civil infractions--Burden of proof.
(1) Unless specifically provided otherwise, whenever it is specified in any ordinance of the city of Pullman codified in this code or hereafter adopted and codified that the doing of any act is prohibited, unlawful, or the failure to do any act is unlawful, or that the violation of any provision of any ordinance or any provision of any chapter of this code is a misdemeanor; the same are considered to be civil infractions. Civil infractions are noncriminal offenses for which imprisonment or incarceration may not be imposed as a sanction and the punishment for civil infractions shall be a monetary penalty only, which monetary penalty shall be of the sum not to exceed five hundred dollars.
(2) The burden of proof applicable to civil infractions is "preponderance of the evidence." (Ord. 83-3 §1, 1983; Ord. 82-6 §2, 1982).
1.02.015 Failure to appear before court--Penalty. Any person who has been served with a summons to appear before the Whitman County District Court for violations of any ordinance of the city of Pullman; and, any person, having been released on personal recognizance, after being charged for the violation of any ordinance of the city of Pullman, with the requirement of a subsequent personal appearance before the Whitman County District Court, who wilfully fails to appear when so required by the court shall be guilty of the criminal misdemeanor of failure to appear. Unless otherwise shown, failure to appear when required shall be presumed to be wilful. The penalty for wilful failure to appear shall be a monetary penalty of not more than one hundred dollars or imprisonment for not more than thirty days, or both. The monetary penalty imposed under this section shall be in addition to the monetary penalty for the original civil infraction charged for which the person failed to appear. (Ord. No. 90-2 §1, 1990; Ord. 82-16 §1, 1982).
1.02.020 Schedule of penalty forfeitures.
(1) Civil infractions are classified for the purpose of determining forfeitures of noncontested cases into the following categories:
(a) Class 1 infractions;
(b) Class 2 infractions;
(c) Class 2.5 infractions;
(d) Class 3 infractions.
(2) An assessment of a forfeiture for a civil infraction shall be an assessment to pay an amount not exceeding the following, which sum includes costs, and filing fees:
(a) Two hundred and fifty dollars for a Class 1 infraction;
(b) One hundred and fifty dollars for a Class 2 infraction;
(c) One hundred dollars for a Class 2.5 infraction;
(d) Fifty dollars for a Class 3 infraction; provided, however, that said assessment of a forfeiture may be raised or lowered by any court of limited or general jurisdiction of this state upon showing of good cause.
(3) The City Council may from time to time upon the recommendation of the department head responsible for enforcing the appropriate provisions of the Pullman City Code and the concurrence of the city attorney in that recommendation, establish by resolution recommendations as to the amount of the assessment of a forfeiture by specifying the class of a civil infraction or the amount of the penalty for the violation of any section of the Pullman City Code. The City Council may concur with, modify, or reject the recommendation. Any and all recommendations established pursuant to this section shall be effective when and as adopted by the order of the Whitman County District Court; and, may be raised or lowered by any court of limited or general jurisdiction of this state upon a showing of good cause. (Ord. No. 90-9 §1, 1990; Ord. No. 90-2 §2, 1990; Ord. 85-30 §1, 1985; Ord. 82-6 §3, 1982).
1.02.030 Administrative Responsibilities.
(1) Except as provided in this section, this chapter does not alter the responsibilities vested by this code in the several officers and employees for administration and enforcement of its various provisions.
(2) For purposes of issuing a notice of civil infraction, the code enforcement officer is:
(a) the city supervisor or the particular department director vested with administrative and enforcement jurisdiction in the particular matter, or
(b) an employee or agent to whom enforcement jurisdiction has been specifically conferred, authorizing the issuance of a notice of infraction for the kind of violation in question, or
(c) a regularly-commissioned law enforcement officer, or
(d) a city prosecutor. (Ord. 99-24 §3, 1999)
1.02.040 Preliminary Determination of Violation.
(1) Whenever it appears that a prohibited act may have been done, a required act may have been omitted, a prohibited condition may exist, or otherwise there may have been a violation of this code, the code enforcement officer investigates the matter as warranted to determine whether there is a code violation. If the alleged violation came to the officer's attention by way of a written complaint and, after investigation, a code violation is not found, the officer should inform the complainant of the finding.
(2) If the officer finds a violation, the officer may attempt to secure voluntary correction by contacting the responsible person(s), explaining the violation and requesting correction before issuing a notice of violation or notice of civil infraction. (Ord. 99-24 §4, 1999; Ord. 82-6 §5, 1982).
1.02.050 Notice of Violation or Notice of Civil Infraction.
If, upon completion of the investigation, the code enforcement officer finds a violation, and any attempt to achieve voluntary correction has not succeeded, the officer may issue a
(1) notice of violation, in such form and upon such procedure as have been established under the pertinent provisions of this code, or
(2) notice of civil infraction, in such form and upon such procedure as provided in this chapter. (Ord. 99-24 §6, 1999)
1.02.060 Notice of Civil Infraction.
(1) Form. The notice of civil infraction is in the form of the Washington Uniform Court Docket.
(2) Who May Issue. A notice of civil infraction may be issued, upon certification that the issuer has probable cause to believe, and does believe, that a person has committed an infraction contrary to law:
(a) By a citing officer. The infraction need not have been committed in the officer's presence, except as provided by statute;
(b) By the prosecuting authority.
(3) Service. The notice of civil infraction is served either by
(a) the citing officer serving the notice of civil infraction on the person named in the notice of civil infraction at the time of issuance; or
(b) the citing officer or the prosecuting authority filing the notice of civil infraction with the court, in which case the court has the notice served either personally or by mail, postage prepaid, on the person named in the notice of civil infraction at his or her address. If a notice of civil infraction served by mail is returned to the court as undeliverable, the court issues a summons.
(4) Filing. When a notice of civil infraction has been issued, the notice is filed with the municipal court within forty-eight hours after issuance, excluding Saturdays, Sundays, and holidays, except parking violations. (Ord. 99-24 §7, 1999)
1.02.070 Person Receiving Notice - Identification and Detention.
(1) A person who is to receive a notice of civil infraction is required to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver's license or identicard.
(2) A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time no longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction.
(3) If a suspect refuses to provide full name, date of birth, or address, the officer may transport the person to the station to be photographed and fingerprinted. The person must then be immediately released and the fingerprints submitted to AFIS for identification. Upon identification the officer will submit a report to the court to have the infraction issued. (Ord. 99-24 §8, 1999)
1.02.080 Response to Notice of Civil Infraction.
(1) Generally. A person who has been served with a notice of civil infraction must respond to the notice within fifteen days of the date the notice is personally served or, if the notice is served by mail, within ten days of the date the notice is mailed.
(2) Alternatives. A person may respond to a notice of civil infraction by:
(a) paying the amount of the monetary penalty in accordance with applicable law, in which case the court shall enter a judgment that the defendant has committed the infraction;
(b) contesting the determination that an infraction occurred by requesting a hearing in accordance with applicable law; or
(c) requesting a hearing to explain mitigating circumstances surrounding the commission of the offense.
(3) Method of Response. A person may respond to a notice of civil infraction either personally or by mail. If the response is mailed, it must be mailed not later than midnight of the day the response is due. (Ord. 99-24 §9, 1999)
1.02.090 Failure to Respond.
If the defendant fails to respond to a notice of civil infraction, the court shall enter an order finding that the defendant has committed the infraction and shall assess any monetary penalties provided for by law. (Ord. 99-24 §10, 1999)
1.02.100 Procedure at Contested Hearing.
The court shall conduct the hearing for contesting the notice of civil infraction on the record in accordance with applicable law and court rule. (Ord. 99-24 §11, 1999)
1.02.110 Hearing on Mitigating Circumstances.
The Court shall conduct the hearing concerning mitigating circumstances in accordance with applicable law and court rule. (Ord. 99-24 §12, 1999)
1.02.120 Notice, Failure to Sign, Nonappearance B Failure to Satisfy Penalty.
(1) A person who fails to sign an acknowledgment of receipt of a notice of civil infraction is guilty of a misdemeanor.
(2) Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction. A written promise to appear in court or written promise to respond to the notice of civil infraction may be complied with by an appearance by counsel.
(3) A person who willfully fails to pay a monetary penalty or to perform community service as required by a court under this chapter may be found in contempt of court as provided in chapter 7.21 RCW. (Ord. 99-24 §13, 1999)
1.02.130 Certificate of Correction.
At the request of a person responsible, the code enforcement officer will re-inspect to determine if correction of the violation has been accomplished. If so, the officer will sign and provide to such person responsible a certificate of correction. If at least forty-eight hours prior to the hearing on the infraction, the person responsible presents a certificate of correction to the municipal court, the infraction will be dismissed. (Ord. 99-24 §14, 1999)
1.02.140 Remedies Not Exclusive.
The levy of a civil penalty is not exclusive and does not preclude other remedies for code violations such as revocation of license or permit, collection of penalties and interest, suspension of municipal service and abatement of nuisance. The failure of a person to comply with an order issued on account of violation that has been the subject of a civil infraction is a misdemeanor. (Ord. 99-24 §15, 1999)
1.02.150 Parking infractions--Recommendations as to penalty. The City Council may from time to time, by resolution, recommend to the Whitman County District Court the amount of a penalty for the violation of any parking regulation of the city of Pullman, which penalty shall be effective when and as adopted by order of the Whitman County District Court. (Ord. 99-24 §2, 1999; Ord. 82-6 §4, 1982).
1.02.160 Construction. The provisions of this Chapter shall be liberally construed in order to effectuate the purposes of this Chapter. (Ord. 99-24 §16, 1999)
1.02.170 Severability. The provisions of this chapter are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid. (Ord. 99-24 §17, 1999; Ord. 82-6 §6, 1982)
Chapter 1.03
City Classification
Sections:
1.03.010 Adopted.
1.03.010 Adopted. Notwithstanding anything contained in the ordinance of the city of Pullman, Washington, to the contrary, the city of Pullman, Washington, adopts the classification of a non-charter code city operating under the concept of a seven-member city council plus a mayor plan of government as set forth in R.C.W. Chapter 35A.12 endowed with all the applicable rights, powers, privileges, duties, and obligations of noncharter code cities as set forth in R.C.W. Title 35A as the same now exists, including, but not by way of limitation, those set forth in R.C.W. Chapter 35A.11, and further including any and all supplements, amendments, or other modifications of the title hereafter at any time enacted. (Ord. A-943, §1, 1971).
Chapter 1.04
City Council*
Sections:
1.04.010 Regular meeting times and dates.
1.04.020 Location of meetings.
1.04.029 Cancellation of regular meetings.
1.04.010 Regular meeting times and dates.** Regular meetings of the City Council shall be held at seven-thirty p.m. on Tuesdays of each calendar month. In the event any such Tuesday falls upon a legal holiday as prescribed by the laws of the state of Washington, the regular meeting scheduled thereon shall be held at the regular meeting time on the next regular business day. (Ord. 85-24 §1, 1985; Ord. 84-14 §1, 1984; Ord. 79-27 §1, 1979; Ord. B-335 §1, 1977; Ord. B-324 §1, 1977; Ord. B-291 §1, 1976; Ord. B-266 §2, 1976).
1.04.020 Location of meetings. All meetings of the City Council shall be held at the city hall, provided, that the City Council may adjourn the meetings to other places as it may determine. (Ord. 82-52 §1, 1982; Ord. 79-56 §1, 1979; Ord. 79-27 §2, 1979).
1.04.029 Cancellation of regular meetings. The Mayor may cancel any regular meeting of the City Council if the Mayor determines such a meeting is not necessary and gives a written notice of cancellation to each member of the City Council and to each local newspaper of general circulation and to each local radio or television station which has on file with the city clerk a written request to be notified of such cancellations. The notice of cancellation shall be delivered either by deposit in the regular mail not later than the Friday immediately preceding the regular meeting so canceled or, in the alternative, by personal delivery not later than twenty-four hours prior to the scheduled commencement of the regular meeting so canceled. If personal delivery can not be timely effected on a councilmember due to the unavailability of a councilmember, the regular meeting shall be considered canceled if a majority of the whole council can be timely notified of the cancellation; provided, however, that nothing in this section shall be construed so as to prevent the City Council from meeting in regular session at least once each month. (Ord. 84-27 §1, 1984).
* For statutes relating to the City Council, see R.C.W. 35A.12.
** For statute regulating meetings, see R.C.W. 35A.12.110.
Chapter 1.08
City Officers and Employees*
Sections:
1.08.010 City officers--Bonds.
1.08.025 Appointive officer's and employees' residency requirements.
1.08.090 Oath of office.
1.08.100 City offices-Business hours.
1.08.010 City officers--Bonds. The official bonds of the following officers of the city of Pullman shall be, and the amounts thereof are fixed, as follows:
Finance Director One hundred thousand dollars;
City Supervisor Twenty-five thousand dollars;
Chief of Police Two thousand five hundred dollars;
The bonds shall be conditioned upon the faithful performance of the duties of the offices respectively, and for the prompt accounting for and payment and delivery over of all moneys, securities, and other property of the city to the officer or person entitled to custody of the same, and, in the case of the finance director, for the faithful and safekeeping of and an accounting for all moneys and securities in the city treasury. The bond requirements of the Finance Director, City Supervisor, and Chief of Police may be fulfilled by the purchase of a blanket fidelity bond covering all employees in an amount of not less than $250,000.
All other employee positions have an honesty blanket position bond of two thousand five hundred dollars. (Ord. 01-1 §1, 2001; Ord. 85-20 §1, 1985; Ord. 81-46 §2, 1981; Ord. 80-53 §1, 1980; Ord. 557 §1, 1932).
1.08.025 Appointive officers and employees' residency requirements. Unless required by state statute, city ordinance, or contractual agreement, residency is not a requirement for appointment to paid or unpaid city service, except as provided for in 17.15.040 (Board of Adjustment); 17.20.030 (Planning Commission); and R.C.W. 41.08.030 and R.C.W. 41.12.030 (Civil Service Commission). (Ord. 07-21 §2, 2007; Ord. 97-13 §1, 1997; Ord. 88-20 §1, 1988; Ord. 87-17 §1, 1987; Ord. 80-53 §2, 1980).
1.08.090 Oath of office. Every elected or appointed councilmember or mayor shall take the following oath of office.
OATH OF OFFICE
STATE OF WASHINGTON )
: ss
County of Whitman )
I, _______________________, (name of official), having been duly elected (appointed) to the office of ________________ of the city of Pullman, state of Washington do solemnly swear (or affirm) that I will faithfully and impartially discharge the duties of my office as prescribed by law and to the best of my ability, and will support and maintain all valid ordinances of the city of Pullman, the laws and the constitution of the state of Washington, and of the United States of America. So help me God (optional).
______________________________________
(Title of Office)
(Ord. 03-5 §1, 2003; Ord. 79-79 §1, 1979).
1.08.100 City offices--Business hours. All city offices shall be kept open for the transaction of business between the hours of eight a.m. and five p.m. on Monday through Friday of each week, excluding legal holidays. In addition to the hours hereinbefore specified, the city supervisor may authorize, either orally or in writing, the director of public works, the chief of police, the fire chief, the director of public services, and the finance director, to open offices under their control at such other times for the transaction of business as may be requested of the city supervisor by the aforementioned persons. (Ord. 85-20 §2, 1985; Ord. 81-50 §1, 1981)
Chapter 1.12
Employment Regulations*
Sections:
1.12.010 Definitions.
1.12.020 Compensation and rates.
1.12.030 Overtime compensation.
1.12.040 Legal holidays.
1.12.050 Sick leave.
1.12.060 Workers compensation.
1.12.070 Vacation leave.
1.12.080 Computation of leave time.
1.12.090 Jury duty leave.
1.12.100 Leave without pay.
1.12.110 City contribution to employee retirement and welfare programs.
1.12.120 Classification and wage plans.
1.12.140 Exemptions.
1.12.150 Implementation.
1.12.160 Severability.
1.12.010 Definitions. As used in this Chapter, the following terms shall have the following meanings:
(1) "Day's work" or "work day" means eight hours of work performed within a period of twenty-four consecutive hours on any assigned shift or job, whether such shift is continuous or split. Exceptions to the eight hour standard shall be allowed in those cases in which exceptions are created by employment agreement, labor contract, or applicable law. Exceptions shall also be allowed for those working a ten-hour day on a four-day work week schedule.
(2) "Regular work week" shall mean forty hours of scheduled work in a period of seven consecutive days, except for exceptions provided by labor agreements or applicable law. "Regular work week" for elective officials, department heads and administrative employees shall mean such time as may be required to properly carry out their duties.
(3) "Overtime" means the time worked in excess of a "work day" or in excess of a "regular work week", provided such overtime is performed at the direction of an employee of the city who has the authority to approve overtime work.
(4) "Trial status" means the term of employment or trial service period during which an employee works prior to attaining regular employment status.
* Prior ordinance history: Ord. A-455 as amended by Ord. A-660.
(5) "Civil service employee" means an employee whose employment is governed by state and local civil service regulations.
(6) "Regular employee" means an employee who has completed his trial period and is employed at a fixed wage, and who is not a temporary, seasonal, or casual employee.
(7) "Casual employee" means an employee who is expected to work equal to or less than 16.5 hours per week.
(8) "Department head" means the director or supervisor of each department of the city of Pullman.
(9) "Wages" means compensation due an employee by reason of his employment.
(10) "Regular rate of pay" means the amount of compensation as established by the City Council.
(11) "Part-time employee" means one who is expected to work less than forty hours per week, but twenty or more hours per week.
(12) "Temporary employee" means one who is employed on an hourly basis for a period of six months or less. (Ord. 98-7 §1, 1998; Ord. 97-34 §1, 1997; Ord. 85-18 §1, 1985; Ord. 81-17 §1(a), 1981).
1.12.020 Compensation and rates. The employees of the city, except volunteer members of the fire department, shall be paid at a rate fixed by the annual budget. (Ord. 81-17 §1(b), 1981).
1.12.030 Overtime compensation. All overtime for employees of the city shall be compensated in accordance with applicable state and federal laws.
Employees of the city who are exempt under federal and state overtime laws shall not receive overtime pay. (Ord. 97-34 §2, 1997; Ord. 81-17 §1(c), 1981).
1.12.040 Legal holidays. The following holidays are adopted as legal holidays for the city of Pullman, and each of the holidays shall be observed by the city of Pullman on the date or day shown below:
New Year's Day, January 1; Martin Luther King Day, third Monday in January; Presidents' Day, third Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; the day after Thanksgiving, fourth Friday in November; Christmas, December 25; and in addition to these holidays, each regular employee and each trial employee who has worked more than six months shall be granted one floating holiday, at employee's choice, and taken in accordance with recognized policies and procedures of the city of Pullman. (Ord. 97-34 §3, 1997; Ord. 86-23 §1, 1986; Ord. 81-17 §1(d), 1981).
1.12.050 Sick leave. Sick leave with regular pay at the rate of one day for each full calendar month of continuous city employment shall be allowed to all employees other than temporary employees and casual employees; provided, however, that for such employees employed less than forty hours per week, the sick leave accrual shall be pro-rated on the basis of either one-half time (20-29 hours per week) or three-quarter time (30-39 hours per week). Sick leave shall not be accumulated for a period exceeding one hundred days or eight hundred hours, whichever is less. Sick leave shall be granted in accordance with recognized policies and procedures of the city of Pullman. (Ord. 97-34 §4, 1997; Ord. 81-17 §1(e), 1981).
1.12.060 Workers compensation. Regular or trial employees who are entitled to receive compensation under the "Workers Compensation Act" of the state of Washington (R.C.W. Title 51), the Personnel Policies and Procedures Manual of the city of Pullman, or applicable employment or labor contracts, shall receive from the city of Pullman supplementary benefits in accordance with the applicable provisions governing benefits for such an employee. (Ord. 97-34 §5, 1997; Ord. 85-18 §2, 1985; Ord. 81-17 §1(f), 1981).
1.12.070 Vacation leave. A regular employee who is in the service of the city shall be entitled to a vacation with pay; provided, however, that:
(1) trial employees shall be eligible for vacation after six months but vacation shall not be granted to temporary, seasonal, or casual employees.
(2) no trial employee shall be paid for accrued vacation in the event of resignation, termination, or death.
(3) unless by contractual agreement, an employee shall accumulate no more than twenty-five days total vacation time.
(4) where a regular employee is in the service of the city for a total number of months less than one year, he is entitled to a vacation of one day per month of employment.
(5) employees who have been employed continuously by the city for a period of time of one year or more shall accrue a vacation based on the following:
(a) One through five years of service, twelve days paid vacation per year;
(b) Six through ten years of service, fifteen days paid vacation per year;
(c) Eleven through fifteen years of service, eighteen days paid vacation per year;
(d) Over fifteen years of service, twenty-one days paid vacation per year. (Ord. 97-34 §6, 1997; Ord. 86-23 §2, 1986; Ord. 81-17 §1(g), 1981).
1.12.080 Computation of leave time. Regularly scheduled days off and legal holidays as herein named shall not be counted when determining the time taken under either sick leave or annual leave pursuant to this Chapter. (Ord. 97-34 §7, 1997; Ord. 81-17 §1(h), 1981).
1.12.090 Jury duty leave. Any employee who is required to be absent from his duties for jury duty, or as a witness in court in a case where he or she is not a litigant, shall receive from the city of Pullman full pay for the time absent; and, the employee shall assign and transfer to the city of Pullman all compensation received as juror or witness except travel reimbursement and actual out-of-pocket expenses unless, however, the employee has elected to have the absence herein provided for charged against accrued annual leave, a personal holiday or leave without pay. (Ord. 97-34 §8, 1997; Ord. 81-17 §1(I), 1981).
1.12.100 Leave without pay. Leave without pay may be granted by a department head to any employee once the employee has exhausted all paid leave. Temporary, casual, or seasonal employees may be granted leave without pay for up to 30 days. (Ord. 97-34 §9, 1997; Ord. 81-17 §1(j), 1981).
1.12.110 City contribution to employee retirement and welfare programs. The city shall contribute financially as required by the laws of the state of Washington or as authorized by resolution or ordinance of the City Council to a retirement plan or plans or welfare plan or plans or any combination thereof on behalf of the city and/or its employees. (Ord. 97-34 §10, 1997; Ord. 81-17 §1(k), 1981).
1.12.120 Classification and wage plans. The City Council may, by resolution, fix and determine classifications of jobs for city employees and fix the compensation therefor. (Ord. 81-17 §1(l), 1981).
1.12.140 Exemptions. Employees covered by civil service rules, separate union contracts agreed to by the city of Pullman, or volunteer members of the police and fire departments may not come under the provisions of this Chapter, and this Chapter may not apply to them, except as specifically provided for by the laws of the United States or the state of Washington or as specifically bargained for and specifically agreed to in writing between the city of Pullman and the appropriate collective bargaining representatives and ratified by the employees of the bargaining unit. (Ord. 97-34 §11, 1997; Ord. 81-17 §1(n), 1981).
1.12.150 Implementation. When not inconsistent with the provisions of this Chapter, the City Council may adopt such resolutions and ordinances as it deems necessary in order to implement personnel policies and procedures. (Ord. 81-17 §1(o), 1981).
1.12.160 Severability. The provisions of this Chapter are declared to be severable. If any section, subsection, sentence, clause, or phrase of this Chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of the Chapter, shall not as a result of said section, subsection, sentence, clause, or phrase, be held unconstitutional or invalid. (Ord. 81-17 §1(p), 1981).
Chapter 1.14
Equal Employment Opportunity Policy
Sections:
1.14.005 City policy on diversity in the workplace.
1.14.010 Refusal to hire due to discrimination prohibited.
1.14.030 Responsibility.
1.14.005 City policy on diversity in the workplace.
The city of Pullman recognizes that continued success in meeting the needs of the community requires the full and active participation of talented and committed individuals regardless of their respective race, ethnicity, religion, gender, age, sexual orientation, physical or mental disabilities, and social, economic, or cultural background and that only by fostering an environment of recognition and acceptance, can we begin to appreciate and support the strengths afforded by the range of problem solving styles, communication skills, ideas, and organizational contributions of each and every person.
Diversity is inclusion. It stresses equal employment opportunity, and recognizes and respects the multitude of differences that employees bring to the workplace, as well as acknowledging the changing diversity of our community. The ultimate goal of workplace diversity is to attract, hire, retain, and successfully manage the inclusion of individuals, representing different lifestyles, cultures, values, and ideas into our organization.
It is the city's policy, therefore, to have a workforce that reflects the diverse composition of our community. To that end, department heads, managers, and supervisors responsible for hiring and/or promotional decisions, are charged with making good faith effort to achieve employment diversity within their area of responsibility. Diversity will be achieved when the city at all organizational levels recognizes the true value of a diverse workforce and is comfortable selecting and retaining individuals from diverse backgrounds, including them in our organizational culture, and utilizing their full range of potential. (Ord. 98-41 §2, 1998).
1.14.010 Refusal to hire due to discrimination prohibited. The city of Pullman shall not refuse to hire any person for a position with the city of Pullman because of such person's sex, religion, age, color, national origin, race, marital status, sexual preference or orientation, or physical or mental disability unless based upon bona fide occupational qualifications; provided, that the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved. Each applicant shall receive a fair evaluation of his or her qualifications when being considered for a position or for a promotion. (Ord. 97-34 §12, 1997; Ord. B-271 §2, 1976).
1.14.030 Responsibility. All employees of the city of Pullman shall be responsible for adhering to the City's policies of diversity, equal employment opportunity, and prohibitions against discrimination. (Ord. 98-41 §3, 1998; Ord. 97-34 §13, 1997; Ord. B-271 §4, 1976).
Chapter 1.15
Employee Award Programs
Sections:
1.15.010 Establishment.
1.15.020 Authority to set forth rules, regulations, and guidelines by resolution.
1.15.030 Program subject to budget allocations.
1.15.040 Severability.
1.15.010 Establishment. The city establishes programs of awards to stimulate and reward city employees for suggestions that are of benefit to the city, incentive programs for participation in health and wellness activities, and for the recognition of years of service with the city. Participation in the programs shall be limited to those employees who satisfy the rules, regulations, and guidelines as are set forth by the City Council for the administration of the programs. (Ord. 04-02 §1, 2004, Ord. 03-28 §1, 2003; Ord. 81-69 §1, 1981).
1.15.020 Authority to set forth rules, regulations, and guidelines by resolution. The City Council shall from time to time establish rules, regulations, and guidelines as may be necessary and appropriate for the administration of the programs. (Ord. 03-28 §2, 2003; Ord. 81-69 §2, 1981).
1.15.030 Program subject to budget allocations. The programs shall be subject to the availability of budgeted funds as determined by the City Council each year when setting the annual budget for the city or any amendments thereto. (Ord. 03-28 §2, 2003, Ord. 81-69 §3, 1981)
1.15.040 Severability. The provisions of this Chapter are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this Chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this Chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid. (Ord. 81-69 §4, 1981).
Chapter 1.16
City Attorney
Sections:
1.16.010 Office continued.
1.16.020 Duties.
1.16.030 Appointment and removal.
1.16.101 Office continued. The office of the city attorney is continued. (Ord. 03-22 §1, 2003; Ord. 82-2 §1, 1980).
1.16.020 Duties. The city attorney shall advise city staff, officers, boards and commissions, and elected officials in all legal matters pertaining to the business of the city and shall approve all ordinances and resolutions as to form. The city attorney shall represent the city in all actions brought by or against the city or against city officials in their official capacity. The city attorney shall attend all regular and special City Council business meetings except when excused. The city attorney shall also attend workshop sessions at the request of the City Council, the mayor, or the city supervisor. (Ord. 80-2 §2, 1980).
1.16.030 Appointment and removal. The city attorney shall be appointed by the mayor, subject to confirmation by the City Council. Said appointment shall be made on the basis of ability and training or experience of the appointee in the duties the city attorney is to perform. The city attorney shall serve at the pleasure of the mayor. (Ord. 80-2 §3, 1980).
Chapter 1.18
Department of Public Works
Sections:
1.18.010 Generally.
1.18.030 Director--Appointment and salary.
1.18.040 Director--Duties.
1.18.050 Department divisions.
1.18.060 Delegation of duties.
1.18.070 Administration by City Supervisor.
1.18.080 Communication procedures between offices.
1.18.090 Severability.
1.18.010 Generally. There is created a department of public works for the city of Pullman; and there is established the position of director of public works, which director shall administer various divisions of the department of public works. (Ord. 81-10 §1, 1981; Ord. B-65 §1, 1972).
1.18.030 Director--Appointment and salary. The director of public works shall be appointed by the Mayor, subject to confirmation by the City Council, and he shall serve at the pleasure of the mayor. The mayor shall recommend a salary for the position of director of public works, and the salary shall be established by the City Council in the annual budget ordinance. (Ord. 81-10 §3 (l), 1981).
1.18.040 Director--Duties. The director shall have the following duties:
(1) Supervise and direct all employees of the department;
(2) Advise the city supervisor and the City Council on all matters within the jurisdiction of the department of public works;
(3) Authority to delegate the responsibility to division heads to issue all permits, certificates, orders, and notifications resulting from decisions on the ordinances administered by the department;
(4) Coordinate and supervise physical inspections made by the department;
(5) Process all subdivision plats and make recommendations to the City Council on such plats;
(6) Serve as the ex officio building official;
(7) Enforce all laws and ordinances in the city relating to the construction, repair, or alteration of buildings or structures and the use of streets, parkways, alleys, or other public rights-of-way in connection therewith; and make or cause to be made all inspections needed for that purpose;
(8) Have charge of and supervision over all public works property of the city including all streets, utilities, sidewalks, and other property of the city not specifically assigned to any other city department;
(9) Have charge of and be responsible for the care and maintenance of the water system, the sanitary sewer system and disposal plant, the stormwater and surface water system and stormwater control facilities, the street lighting system and all streets and sidewalks and drainage thereof;
(10) All construction, repair, or extension of any pavement, building, sewer, or lighting system, water mains, and any appurtenance thereto and all other construction, repair, or maintenance work conducted by the city shall be done under the supervision of the director unless specific direction to the contrary is made by the City Council;
(11) The director of public works shall also have charge of and be responsible for the maintenance of all motor vehicles, trucks, and other equipment of the city; which responsibilities, however, may be delegated to the superintendent of transportation. The director shall have charge and responsibility for the building and places in which the motor vehicles and other equipment are stored;
(12) The director shall attend meetings of the City Council at the request of the Council, mayor, or city supervisor. He shall make such reports to the City Council through the city supervisor as may be required. He shall also make recommendations for ordinances or resolutions respecting the public works department whenever he is so requested or whenever he deems it advisable or necessary;
(13) Such other duties as prescribed by ordinance or state law.
(14) Administer floodplain, shoreline codes and environmental laws with the assistance of the department of planning. (Ord. 09-2 §18, 2009; Ord. 99-22 §1, 1999; Ord. 85-19 §1, 1985; Ord. 81-10 §3(2), 1981).
1.18.050 Department divisions.
(1) Engineering Division. The city engineer shall be the head of the engineering division, shall serve as city traffic engineer and shall report to the director. The engineering division shall be responsible for the following:
(a) Keep accurate maps, plats, and records of all public works, lands, or property owned by the city;
(b) Process all engineering work required by the city in connection with all local improvements, repairs, and betterment by the city of Pullman except where such work has been contracted out subject to the approval of the City Council;
(c) Have general supervision and direction of all construction work;
(d) Conduct traffic safety studies and all other duties assigned respecting traffic by ordinance or the director;
(e) Supervises protective inspections; and,
(f) Other duties as assigned by the director.
(2) Protective Inspections Division. The engineering division shall supervise the protective inspections division. The protective inspections division shall be responsible for the following:
(a) Process all applications for building permits;
(b) Have charge of building inspections of all buildings, structures, or portions thereof as required by the Construction Code (Title 2), and of any other work authorized by any building permit; and,
(c) Other duties as assigned by the director.
(3) Maintenance and Operations Division. The maintenance and operations superintendent shall be the head of maintenance and operations division and shall report to the director. The maintenance and operations division shall be responsible for the following:
(a) Maintenance and operation of the city water system;
(b) Maintenance and operation of the city sanitary sewer collection system;
(c) Maintenance and operation of the city wastewater treatment plant;
(d) Maintenance and operation of the city street lighting system;
(e) Maintenance and operation of the city traffic control system;
(f) Maintenance and operation of the dedicated and improved city street system including all dedicated and improved alleys;
(g) Maintenance and operation of the city storm drainage system;
(h) Operation of city equipment maintenance services;
(i) Administration of the equipment rental fund;
(j) Review of all vehicular equipment operating, maintenance and replacement costs, and recommend appropriate rental rates to the City Council through the director; and,
(k) Other duties as assigned by the director.
(4) Transit Division. The transit operations supervisor shall head the transit division and shall report to the director. The transit division shall be responsible for the following:
(a) Promotion and marketing of the transit system;
(b) Operation of the transit system;
(c) Providing staff for the transit commission; and,
(d) Other duties as assigned by the director.
The transit operations supervisor shall attend all meetings of the transit commission and shall act as staff advisor to the commission. He shall forward the recommendations of the commission to the City Council through the director. (Ord. 99-24 §2, 1999) Ord. 92-12 §1, 1992; Ord. 87-18 §1, 1987, Ord. 85-19 §2, 1985; Ord. 81-10 §3(3), 1981).
1.18.060 Delegation of duties. The director of public works may from time to time delegate certain duties to other employees of the department. However, such delegation shall not relieve the director from responsibility of carrying out the duties of his office. (Ord. 81-10 §3(4), 1981).
1.18.070 Administration by City Supervisor. The director of public works shall report to and receive supervision from the city supervisor concerning the administration of the department of public works. (Ord. 81-10 §3(5), 1981).
1.18.080 Communications procedures between offices. Community policy direction shall be transmitted from the mayor and the City Council through the city supervisor to the director. Recommendations and reports as required, concerning policies and operations of the department of public works shall be transmitted to the city supervisor for submission to the mayor and City Council. (Ord. 81-10 §3(6), 1981).
1.18.090 Severability. The provisions of this Chapter are declared to be severable. If any section, subsection, sentence, clause, or phrase of this Chapter or its application to any person or circumstances is for any reason held to be invalid or unconstitutional, the remainder of this Chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid. (Ord. 81-10 §3(7), 1981).
Chapter 1.20
Department of Planning
Sections:
1.20.010 Generally.
1.20.020 Director--Appointment and salary.
1.20.030 Director--Duties.
1.20.040 Delegation of Duties.
1.20.050 Administration by City Supervisor.
1.20.060 Communication procedures between offices.
1.20.070 Severability.
1.20.010 Generally. There is created a department of planning for the city of Pullman; and there is established the position of director of planning, which director shall administer various duties of the department of planning. (Ord. 99-23 §1(part), 1999).
1.20.020 Director--Appointment and salary. The director of planning shall be appointed by the Mayor, subject to confirmation by the City Council, and he shall serve at the pleasure of the mayor. The mayor shall recommend a salary for the position of director of planning, and the salary shall be established by the City Council in the annual budget ordinance. (Ord. 99-23 §1 (part), 1999)
1.20.030 Director--Duties. The director shall have the following duties:
(1) Undertake research studies relative to the comprehensive plan; and prepare and recommend comprehensive plan amendments or revisions;
(2) Review all annexation proposals and submit written recommendations to the City Council through the director;
(3) Maintain the official zoning map and keep it up to date;
(4) Administer and enforce the zoning code and conduct inspections of all buildings, structures, signs, and uses of any premises to determine compliance or noncompliance with the terms of the zoning code;
(5) Act as advisor to the Planning Commission, Board of Adjustment, and Environmental Quality Commission and maintain permanent and current records of their official actions;
(6) Manage the decennial census for the city and prepare an annual population estimate for use by the state;
(7) Assist the department of public works in the administration of environmental laws;
(8) Other duties as assigned by the city supervisor. (Ord. 99-24 §1(part), 1999)
1.20.040 Delegation of duties. The director of planning may from time to time delegate certain duties to other employees of the department. However, such delegation shall not relieve the director from responsibility of carrying out the duties of his office. (Ord. 99-23 §1(part), 1999)
1.20.050 Administration by City Supervisor. The director of planning shall report to and receive supervision from the city supervisor concerning the administration of the department of planning. (Ord. 99-23 §1(part), 1999)
1.20.060 Communications procedures between offices. Community policy direction shall be transmitted from the mayor and the City Council through the city supervisor to the director. Recommendations and reports as required, concerning policies and operations of the department of planning shall be transmitted to the city supervisor for submission to the mayor and City Council. (Ord. 99-23 §1(part), 1999)
1.20.070 Severability. The provisions of this Chapter are declared to be severable. If any section, subsection, sentence, clause, or phrase of this Chapter or its application to any person or circumstances is for any reason held to be invalid or unconstitutional, the remainder of this Chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid. (Ord. 99-23 §1(part), 1999)
Chapter 1.26
Department of Public Services
Sections:
1.26.010 Department of Public Services continued.
1.26.020 Director of Public Services--Appointment--Duties--Salary.
1.26.030 Divisions in the Department of Public Services.
1.26.040 Delegation of duties of the director.
1.26.050 Subordination to City Supervisor.
1.26.060 Communication procedure between city offices.
1.26.070 Severability.
1.26.010 Department of Public Services continued. There is created a department of public services for the city of Pullman. The responsibilities of the department of public services include:
(1) creation and operation of recreational programs; and,
(2) performance of grounds maintenance for all city parks, cemeteries, landscaped areas, and other properties belonging to the city; and
(3) maintenance and operation of governmental buildings owned by the city. (Ord. 81-15 §1, 1981; Ord. 81-10 §5, 1981; Ord. 80-34 §1, 1980).
1.26.020 Director of Public Services--Appointment--Duties--Salary.
(1) There is created the office of director of public services. The director of public services shall be appointed by the mayor subject to confirmation by the City Council and shall hold office at the pleasure of the mayor.
(2) The director of public services shall be the head of the department and shall have supervision over all the employees assigned to the department subject to the control of the city supervisor. The director shall be responsible for the performance by the department of public services or its responsibilities. All appointments and promotions within the department shall be made by the director subject to the approval of the city supervisor.
(3) The salary of the director of public services shall be recommended by the mayor and established by the City Council in the annual budget.
(4) The director of public services shall make such reports to the City Council through the city supervisor as may be required. The director shall also make recommendations for rulings, orders, ordinances, or resolutions respecting the department of public services whenever requested or whenever the director deems it advisable or necessary.
(5) The director's duties include recommending fees for recreational programs and burial in the city cemetery, which the Council shall set from time to time by resolution. In so doing, the director shall solicit recommendations for fees for the cemetery committee and the parks and recreation commission.
(6) The director shall act as the staff advisor to the parks and recreation commission and the cemetery committee. The director shall also be responsible for the maintenance of all government buildings owned by the city and such other duties as are assigned.
(7) The director shall attend meetings of the City Council at the request of the Council, mayor, or city supervisor. (Ord. 81-15 §2, 1981; Ord. 81-10 §6, 1981; Ord. 80-34 §2, 1980).
1.26.030 Divisions in the Department of Public Services. This department shall consist of the director of public services, a division of recreation; a division of parks, a division of buildings and such temporary and permanent employees as the Council may provide by budget. (Ord. 85-14 §1, 1985; Ord. 81-15 §3, 1981; Ord. 81-10 §7, 1981).
1.26.040 Delegation of duties of the director. The director of public services may from time to time delegate certain duties to other employees of the department. However, such delegation shall not relieve the director of the responsibility of carrying out the duties of his/her office. (Ord. 81-15 §4, 1981; Ord. 81-10 §8, 1981; Ord. 80-34 §4, 1980).
1.26.050 Subordination to City Supervisor. The director of public services shall report to and receive supervision from the city supervisor concerning the administration of the department of public services. (Ord. 80-34 §5, 1980).
1.26.060 Communication procedure between city offices. Community policy direction shall be transmitted from the mayor and the City Council through the city supervisor to the director of public services. Recommendations and reports, as required, concerning policies and operations of the department of public services shall be transmitted to the city supervisor for submission to the mayor and City Council. (Ord. 80-34 §6, 1980).
1.26.070 Severability. The provisions of this Chapter are declared to be severable. If any section, subsection, sentence, clause, or phrase of this Chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of the Chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid. (Ord. 80-34 §7, 1980).
Chapter 1.28
City Supervisor
Sections:
1.28.010 Office continued--Appointment and removal--Scope of authority.
1.28.020 Duties, powers, and responsibilities.
1.28.030 Salary.
1.28.040 Combination of position.
1.28.010 Office continued--Appointment and removal--Scope of authority. There is continued the office of city supervisor, which office shall be filled by the appointment of the mayor, subject to confirmation by a majority of the City Council. The city supervisor shall be subject to removal by the mayor and shall serve at the pleasure of the mayor. The city supervisor shall be the administrative, assistant executive and liaison officer for the city, under the direction and authority of the mayor. (Ord. B-237 §2, 1975).
1.28.020 Duties, powers and responsibilities. The city supervisor shall have the following specific duties, powers, and responsibilities, in addition to others provided in this Chapter or otherwise:
(1) under the direction and authority of the mayor, he shall supervise, administer, and coordinate the activities and functions of the various city officers and departments in carrying out the requirements of city ordinances and the policies of the City Council, and to administer and supervise the carrying out of the decisions, regulations, and policies of the various city departments.
(2) he shall regularly report to the mayor concerning the status of all assignments, duties, projects, and functions of the various city offices and departments.
(3) he shall prepare and submit to the mayor the annual budget and be responsible for its administration after adoption.
(4) he shall serve as personnel officer for the city, under the direction of the mayor.
(5) he shall supervise all purchasing by the various city offices, departments, commissions, and boards.
(6) he shall supervise all expenditures by the various city offices, departments, commissions and boards, for the purpose of keeping the same within the limitations of the annual budget of the city.
(7) he shall assist the mayor generally in conducting the city's business in all matters, and perform such other duties and assume such other responsibilities as the Council through the mayor may direct, or as by ordinances and resolutions of the City Council may be required. (Ord. B-237 §3, 1975).
1.28.030 Salary. The salary of the city supervisor shall be recommended by the Mayor and as approved by the City Council in the annual budget. (Ord. B-237 §4, 1975).
1.28.040 Combination of position. The office of city supervisor may be combined with any other appointive position in the city; provided, that where combined, the compensation shall be fixed by the Council for the combined office and shall not necessarily be the total of the compensation fixed for each office individually. (Ord. B-237 §5, 1975).
Chapter 1.36
Police Department
Sections:
1.36.010 Police Chief--Position reestablished.
1.36.020 Police Chief--Responsibilities.
1.36.050 City marshall office abolished.
1.36.010 Police Chief--Position reestablished. The position of police chief is hereby reestablished. The police chief shall be appointed by the mayor, subject to the confirmation of the City Council. (Ord. 82-31 §2, 1982).
1.36.020 Police Chief--Responsibilities.
(1) The police chief shall be responsible for the administration, direction, and operation of police services including its auxiliary or ancillary functions in the areas of animal control, recordkeeping, communications, and dispatching of municipal emergency services.
(2) The police chief shall have such authority, rights, duties, and responsibilities as may be granted, directed or set forth by applicable federal, state, or municipal laws or regulations pertaining to law enforcement, maintaining the public peace and serving of criminal or civil process.
(3) The police chief shall employ such persons as may be necessary to assist in carrying out the responsibilities of the position. Those persons shall be employed for such positions as authorized by the annual budget or any amendments thereof and shall be compensated as provided for in the annual budget or any amendments thereof.
(4) The police chief shall report to and receive direction from the city supervisor; or in the absence of the city supervisor, from the authorized designee of the city supervisor.
(5) Any provisions of the Pullman City Code which refer to the director of public safety shall be deemed to mean the police chief when those provisions pertain to law enforcement, maintaining the public peace, transportation, or recordkeeping. (Ord. 82-31 §3, 1982).
1.36.050 City marshall office abolished. The offices of city marshal and deputy city marshal are abolished, and all the duties heretofore pertaining to said offices shall hereafter
