ORD 2009-12 COUNCIL/MANAGER FORM OF GOVERNMENTORDINANCE N0.2009-12
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the form of municipal government; adopting the
Council/Manager form of government; amending Sections 2.08.010 and
.050 of the Bainbridge Island Municipal Code; and repealing Sections
2.08.060 and .070 of the Bainbridge Island Municipal Code.
WHEREAS, RCW Chapter 35A.06 authorizes anon-chartered code city to abandon its
plan of government and reorganize under another plan of government, and to pass a resolution
requesting that a proposition be submitted to the qualified voters within the City of Bainbridge
Island to decide whether the City should abandon its form of government and reorganize under
another plan of government; and
WHEREAS, on September 15, 2008 and in accordance with RCW 35A.06.040, citizens
of the City of Bainbridge Island submitted to the City Council a petition proposing that the City
of Bainbridge Island abandon the Council/Mayor form of government and adopt the
Council/Manager form of government; and
WHEREAS, the Bainbridge Island City Clerk subsequently submitted said petition to the
Kitsap County Auditor; and
WHEREAS, on October 21, 2008 and in accordance with RCW 35A.06.040, Walter E.
Washington, Kitsap County Auditor, issued a Certificate of Sufficiency that provided "that the
number of voters that signed the petition [was] at least 10% of the total ballots cast (9,664) in the
City of Bainbridge Island at the last general election"; and
WHEREAS, the City Council determined that the best interests and general welfare of
the City would be served by submitting to the qualified voters in the City the proposition of
whether the City should adopt the Council/Manager form of government and abandon the
Council/Mayor form of government; and
WHEREAS, the City Council passed Resolution No. 2009-06 requesting that the Kitsap
County Auditor hold a special election in the City on May 19, 2009 for the purpose of submitting
to the qualified voters of the City the proposition of whether the City should adopt the
Council/Manager form of government and abandon the Council/Mayor form of government; and
WHEREAS, on May 19, 2009, a majority of the voters participating in said special
election voted in favor of adopting the Council/Manager form of government and abandoning the
Council/Mayor form of government;
WHEREAS, the City Council desires to amend BIMC Chapter 2.08 to reflect said
change in the form of government of the City of Bainbridge Island; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
PAGE 1
Section 1. Section 2.08.010 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
"2.08.010 Council-manager form of government.
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apt~licable law, the results of which were certified by the Kitsap County Auditor
on June 3, 2009, the city adopted the council-manager form of government as set
foh--i~v~~W~~hap~er~:~~-==en~ot1=~vifih ail-t~~v~pJrcal~~~~ri~~o~w~r~
privileges, duties and obligations of noncharter code cities as set forth in RCW
Title 35A as the same now exists including but not bey of limitation those
set forth in RCW Chapter 35A.11 and further includin any and all supplements
amendments or other modifications of said RCW Title 35A which may hereafter
be enacted."
Section 2. Section 2.08.050 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
"2.08.050 Creation, continuance or deletion of city employee
position- Filling of emergency positions.
A. Subject to all applicable laws and regulations, including those relating to civil
service, the city council may provide for the creation, continuance, or deletion of
any city employee position without the necessity of an amendment to the
ordinance codified in BIMC 2.08.030 through 2.08.05090. For the purposes of
this section, the term "city employee" means any paid person on the staff of the
city who is not an officer as defined in BIMC 2.08.030.
B. Subject to all applicable laws and regulations, including those relating to civil
service, the Ayer cit.~ger may authorize the hiring of personnel to fill
emergency positions for a period not in excess of 30 days. Any positions thereby
created shall be nonrenewable without the concurrence of a majority of the whole
of the city council."
Section 3. Sections 2.08.060 and .070 of the Bainbridge Island Municipal Code are
hereby repealed.
Section 4. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect. the
validity of the remaining portions of this ordinance.
PAGE 2
Section 5. This ordinance shall take effect and be in force five (5) days after its
passage, approval and publication as provided by law.
PASSED by the City Council this l Ot" day of June 2009.
Christopher Snow, Mayor
ATTEST/AUTHENTICATE:
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Rosalind D. Lassoff, City Clerk
APPROVED AS TO FORM:
Paul McMurray, City Attorney
FILED WITH THE CITY CLERK: May 19, 2009
PASSED BY THE CITY COUNCIL: June 10, 2009
PUBLICATION DATE: June 19, 2009
EFFECTIVE DATE: June 24, 2009
ORDINANCE NO. 2009-12
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