ORD NO. 2019-01 CREATING A UNIFORM PROCESS FOR THE REMOVAL OF MEMBERS OF CITY ADVISORY BODIESORDINANCE NO. 2019-01
(Formerly Ordinance No. 2018-46)
AN ORDINANCE of the City of Bainbridge Island, Washington, amending Title
2 of the Bainbridge Island Municipal Code to create a uniform process governing
the removal and resignation of members of the City's citizen advisory boards,
commissions, committees, and task forces, as well as a uniform process for the
demotion of a chair of one of the City's citizen advisory boards, commissions,
committees, or task forces.
WHEREAS, the City Council has previously created various citizen advisory boards,
commissions, committees, and task forces to provide recommendations to the City Council and
perform other functions for the City; and
WHEREAS, the City Council now desires to create a uniform process to govern the
removal and resignation of members of the City's citizen advisory boards, commissions,
committees, and task forces; and
WHEREAS, the City Council also desires to create a uniform process to govern the
demotion of chairs of the City's citizen advisory boards, commissions, committees, or task
forces.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. A new Chapter 2.01, General Procedures for Citizen Advisory Bodies, is added to
Title 2 of the Bainbridge Island Municipal Code, to read as follows:
Chapter 2.01 General Procedures for Citizen Advisory Committees
2.01.010 Applicability of Chapter
A. The provisions of this chapter apply to each citizen advisory board, commission,
committee, or task force created by the city council, except as otherwise provided
by this chapter or where in conflict with state law.
B. For purposes of this chapter, the terms "board," "commission," "committee," and
"task force" have identical meanings and shall collectively be referred to as a
"committee."
2.01.020 Grounds for Removal of Members of Citizen Advisory Committees
A. The mayor may remove a member of a citizen advisory committee for one or
more of the following reasons:
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1. Good cause, which shall be as determined solely by the mayor and shall be
stated with each removal action.
2. A confirmed appointee to a citizen advisory committee fails to qualify and
assume the duties of a member of the committee within 30 calendar days
of confirmation by the city council.
3. A member of a citizen advisory committee is absent from three
consecutive regular meetings of the citizen advisory committee and such
absences have not been excused by a majority vote of the citizen advisory
committee.
4. A member of a citizen advisory committee is absent from fifty percent
(50%) of all meetings of the citizen advisory committee in any six-month
period, provided that a member of a citizen advisory committee may
request a leave of absence, which must first be approved by the mayor.
5. A member of a citizen advisory committee ceases to have the
qualifications prescribed for the members of the committee by state law or
by ordinance of the city council.
6. A member of a citizen advisory committee is convicted of a gross
misdemeanor or felony while serving on the committee.
B. At the next regularly scheduled meeting of the city council following a removal
under this section, the mayor shall notify the city council of such removal. A
majority of the full city council may reverse the mayor's decision to remove
within 30 days of the mayor's notice to the city council of the removal, after
which time the mayor's decision to remove is final.
C. This section shall not apply to members of the following citizen advisory
committees: the Ethics Board, created under Chapter 2.07 BIMC; the Civil
Service Commission, created under Chapter 2.28 BIMC; the LEOFF Disability
Board, created under Chapter 2.45 BIMC; the Salary Commission, created under
Chapter 2.74 BIMC; and the Lodging Tax Advisory Committee, created under
BIMC 3.65.040.
2.01.030 Grounds for Demotion of Chairs of Citizen Advisory Committees
A. The mayor may demote the chair of a citizen advisory committee for good cause,
which shall be as determined solely by the mayor and shall be stated with each
demotion.
B. At the next regularly scheduled meeting of the city council following a demotion
under this section, the mayor shall notify the city council of such demotion. A
majority of the full city council may reverse the mayor's decision to demote
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within 30 days of the mayor's notice to the city council of the demotion, after
which time the mayor's decision to demote is final.
C. A member of a citizen advisory committee that has been demoted from the
position of chair of the committee may continue to serve on the committee for the
remainder of his or her term and any future terms that she or he may be eligible to
be appointed to.
D. A member of a citizen advisory committee that has been demoted from the
position of chair of the committee may not again serve as chair of the committee
without city council approval.
E. This section shall not apply to the chairs of the following citizen advisory
committees: the Civil Service Commission, created under Chapter 2.28 BIMC;
the Cultural Funding Advisory Committee, created under Chapter 2.43 BIMC; the
LEOFF Disability Board, created under Chapter 2.45 BIMC; and the Lodging Tax
Advisory Committee, created under BIMC 3.65.040.
2.01.040 Resignations and Automatic Vacancies
A. A member of a citizen advisory committee may voluntarily resign from her or his
position on the committee by submitting her or his written resignation to the
mayor.
B. A vacancy caused by resignation shall be deemed to occur upon the effective date
of the resignation. If no effective date is specified in the resignation, the
resignation will be deemed to be effective immediately.
C. A position on a citizen advisory committee shall automatically become vacant
upon the death of the individual appointed to that position.
Section 2. Section 2.14.020.C.3 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
3. The officers of the commission shall consist of a chairperson and a vice chairperson
elected by the members of the commission for a one-year term. The election of officers shall
take place at the first meeting of the year. In the event of the vacancy of the chair, the
chairperson would be replaced by the vice chairperson, and the vice chairperson would be
replaced by a vote of the members of the commission. Demotion of the chairperson or vice
chairperson shall be governedby Cha ter 2.01 BIMC.
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Section 3. Section 2.14.020.1) of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
D. FeFf_ itufe a ffiet-Removal and Resi nation.
1 The removal and resignation of members appointed to the commission shall be
governed by Chapter 2.01 BIMC.
42. Any unexpired term of a vacant AF's= office shall be filled by a qualified person
appointed by the mayor and confirmed by the city council in accordance with the city's
appointment cycle.
Section 4. Section 2.14.040.13 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
B. Vacancies — Removal. In the event of a vacancy, the mayor, subject to the
confirmation of the city council, shall make an appointment to fill the unexpired
portion of the term of the vacated position in accordance with the city's appointment
cycle. Unexetised absenee by any member- fi:em three conseeutive meetings shall
the eity ea„ . The removal and resignation of members shall begoverned b
Chapter 2.01 BIMC.
Section 5. Section 2.14.040.C.I of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
1. The board shall select one member to serve as chair for a one-year term at the first regular
meeting of each year. Demotion of the chair shall be governed by Chapter 2.01 BIMC.
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42. Any unexpired term of a vacant AF's= office shall be filled by a qualified person
appointed by the mayor and confirmed by the city council in accordance with the city's
appointment cycle.
Section 4. Section 2.14.040.13 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
B. Vacancies — Removal. In the event of a vacancy, the mayor, subject to the
confirmation of the city council, shall make an appointment to fill the unexpired
portion of the term of the vacated position in accordance with the city's appointment
cycle. Unexetised absenee by any member- fi:em three conseeutive meetings shall
the eity ea„ . The removal and resignation of members shall begoverned b
Chapter 2.01 BIMC.
Section 5. Section 2.14.040.C.I of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
1. The board shall select one member to serve as chair for a one-year term at the first regular
meeting of each year. Demotion of the chair shall be governed by Chapter 2.01 BIMC.
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Section 6. Section 2.14.060 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
The creation, composition, terms, powers and duties, rules and standards of the
historic preservation commission are described in BIMC 18.24.020 and Chapter 2.01
BIMC. In the event of a conflict between BIMC 18.24.020 and Chapter 2.01 BIMC,
Chapter 2.01 BIMC shall control.
Section 7. Section 2.14.070 of the Bainbridge Island Municipal Code is hereby
repealed in its entirety.
Section 8. Section 2.16.210.E. I of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
E. Subarea Planning Steering Committee.
1. Upon the city council's approval to commence the subarea planning process for
a designated center or neighborhood, the mayor, with confirmation by the city
council, shall appoint a subarea planning steering committee for that designated
center or neighborhood. The steering committee shall be comprised of an odd
number of members, totaling no more than nine, with the total number of
members to be determined by the city council. The majority of the committee
shall be comprised of representatives from categories in subsections E.2.a and
E.2.b of this section. The term of the steering committee members shall be until
the completion of the subarea planning process under this chapter. The removal
and resignation of members shall be governed by Chapter 2.01 BIMC. Demotion
of the chairperson shall be -governed by Chapter 2.01 BIMC.
Section 9. Section 2.32.020 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
MeH+ , _ __. b . ed , :+. vote .��F+1..e eitx ee �� In the event of a
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vacancy, the mayor, subject to confirmation of the city council, shall make an
appointment to fill the unexpired portion of the term of the vacated position in
accordance with the city's appointment cycle.
. The removal
and resi - nation of members shall be governed by Chapter 2.01 BIMC.
Section 10. Section 2.32.040.13 ofthe Bainbridge Island Municipal Code is hereby
amended to read as follows:
B. The committee shall select from among its members a chairperson for a one-year
term at the first regular meeting of each year. Demotion_ of the chairperson shall be
overned by Chapter 2.01 BIMC.
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Section 11. Section 2.33.010.0 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
C. A member may be reappointed, and shall hold office until his or her successor has
been appointed and has qualified.
Section 12. Section 2.33.025 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
In the event of a vacancy, the mayor, subject to confirmation of the city council, shall
make an appointment to fill the unexpired portion of the term of the vacated position
in accordance with the city's appointment cycle. Une eu .i absenee by nfty
removal in aeeer-danee with BIMC . The removal and resignation of
members shall be governed by Chapter 2.01 BIMC.
Section 13. Section 2.33.060 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
The committee shall annually elect a chairperson and vice -chairperson. Demotion of
the chairperson or vice -chairperson shall be governed by Chapter 2.01 BIMC. The
committee shall hold regular meetings at least once during each quarter year.
Meetings shall be open to the public and held in accordance with the Open Public
Meetings Act (Chapter 42.30 RCW). For meetings consisting of a majority of the
then serving voting members of the committee, the committee shall provide public
notice of the meeting and shall keep a record of its meeting minutes, resolutions,
transactions, findings and determinations. The meeting minutes shall be posted on the
city's web site. A majority of the voting members then serving on the committee shall
constitute a quorum.
Section 14. Section 2.35.020 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
nern k In the event of a
vacancy, the mayor, subject to confirmation of the city council, shall make an
appointment to fill the unexpired portion of the term of the vacated position in
accordance with the city's appointment cycle. "ti"m"e by a '
Ill LJ\..F
+..n +hfe eoneei+' meetings shall rronstltUte gFoundss f "mviu: =al. The removal
and resignation of members shall be gqyern.ed by Chapter 2.01 BIMC.
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Section 15. Section 2.35.040.13 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
The committee shall select from among its members a chairperson for a one-year term at the
first regular meeting of each year. Demotion of the chai1person shall be governed by Cha ter
2.01 BIMC.
Section 16. Section 2.36.020 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
Members may b ., o ed upen a a.e fity to of the ,.4y e eil In the event of a
vacancy, the mayor, subject to confirmation of the city council, shall make an
appointment to fill the unexpired portion of the term of the vacated position in
accordance with the city's appointment cycle. T rne..eused absence by any Enem_ber-
. The removal
and resig=nation of members shall be governed by Chapter 2.01 BIMC.
Section 17. Section 2.36.040.B of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
B. The committee shall select from among its members a chairperson for a one-year term at
the first regular meeting of each year. Demotion of the chairperson shall be governed b
Chapter 2.01 BIMC.
Section 18. Section 2.37.020 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
. In the event of a
vacancy, the mayor, subject to confirmation of the city council, shall make an
appointment to fill the unexpired portion of the term of the vacated position in
accordance with the city's appointment cycle.
., any mernber shall eenstitute grounds for remeval. The
removal and resiyanation of members shall be governed by Chapter 2.01 BIMC.
Section 19. Section 2.37.040.0 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
C. At the first regular meeting of each term, the committee shall select from among
its members a chairperson and a secretary for a one-year term. Demotion of the
chair erson or the secretary shall be governed, by Chapter 2.01 BIMC,
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Section 20. Section 2.41.020 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
. In the event of a
vacancy, the mayor, subject to confirmation of the city council, shall make an
appointment to fill the unexpired portion of the term of the vacated position in
accordance with the city's appointment cycle.
fr . The removal
and resignation of members shall be governed by Chapter 2.01 BIMC.
Section 21. Section 2.41.040.13 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
B. The committee shall select from among its members a chairperson at the first regular
meeting of each year. Demotion of the chairperson shall be governed by the Chapter 2.01
BIMC.
Section 22. Section 2.43.020 of the Bainbridge Island Municipal Code is hereby amended to
read as follows:
In the event of a
vacancy, the mayor, subject to confirmation of the city council, shall make an
appointment to fill the unexpired portion of the term of the vacated position in
accordance with the city's appointment cycle.
The removal
and resi nation of members shall be governed by Cha ter 2.01 BIMC.
Section 23. If any one or more section, subsections, or sentences of this ordinance are
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portion of this ordinance and the same shall
remain in full force and effect.
Section 24. This ordinance shall take effect and be in force five (5) days from its passage,
approval, and publication as required by law.
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PASSED by the City Council this 8"' day of January, 2019.
APPROVED by the Mayor this 81h day of January, 2019
ATTEST/AUTHENTICATE:
Christine Brawn, C, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Kol Medina, Mayor
December 7, 2018
January 8, 2019
January 11, 2019
January 16, 2019
2019-01 (Formerly Ordinance No. 2018-46)
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