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From and after the effective date of the ordinance codified in this chapter, candidates for elective municipal office shall be nominated by the filing, by each candidate, with the city, the office of the Cowlitz county auditor, elections division, of a declaration of candidacy shall be in substantially the following form:

"I, ________, declare upon honor that I am a registered voter residing at No.________Street, ________ (City or Town of) ________ (County of) ________, state of Washington, and am legally qualified to assume office if elected; that I hereby declare myself a candidate for election to the office of ________ (fill in whichever office is applicable) to be voted upon at the election to be held on the ________ day of ________, 19________, and hereby request that my name be printed upon the official ballots, as provided by law, as a candidate for such office.

Filing fee paid; ________ or nomination petition submitted in lieu of a filing fee; ________

"FURTHER, I do solemnly swear (or affirm) that I will support the Constitution and law of the United States and the Constitution and laws of the state of Washington, that I do not advocate the overthrow, destruction, or alteration of the constitutional form of government of the United States or of the state of Washington or any political subdivision of either of them, by revolution, force or violence and that I do now knowingly belong to any organization, foreign or otherwise, which engages in or advocates the overthrow, destruction or alteration of the constitutional form of government of the United States or of the state of Washington or any political subdivision of either of them, by revolution, force or violence. The information which I have provided on this form is true.


____ (Please print name to assure correct spelling)	____ (Signature of candidate as name is to appear on ballot)


	____ (Signature of Official)

	____ (Official title)

The declaration of candidacy shall be filed with the Cowlitz county auditor, elections division, at such time and place as established by state law, and shall be accompanied by the appropriate filing fee, if any, as established by state law.

Any candidate may withdraw his declaration of candidacy at any time to and including the first Friday after the last day allowed for filing the declaration of candidacy.

No person when filing a declaration of candidacy for any election shall be permitted to use any titles designating his present or past occupation or profession, including ranks in the Armed Forces; provided, that the provisions of this section shall not prohibit the use of a nickname by which a candidate is commonly known; provided further, that should a nickname be used it shall be in addition to the candidate's given name (for example: Richard A. "Dick" Roe or R.A. "Dick" Roe).

A. The time for holding regular meetings of the city council shall be on the first and third Wednesdays at seven p.m. of each and every month provided that the second meeting of each month may be changed to a workshop meeting or canceled by the mayor should there be no matters requiring council action to be placed on the regular agenda.

B. All regular and special meetings of the city council shall be held at the City Hall, 320 North First Street, Kalama, Washington, unless a majority of the council designate a different place for meeting and advance notice thereof is circulated to the community.

(Ord. 1096 § 1, 2002; Ord. 1038 § 1, 2000; Ord. 788 § 1, 1991: Ord. 583 § 1, 1976; Ord. 321 (part), 1927).

A. The mayor's salary shall be increased to the sum of three hundred dollars per month and will become effective with the payroll for January 2006.

B. Councilmembers attendance fees shall be modified to fifty dollars per meeting, not to exceed one hundred dollars per month.

C. These increases for the city council shall become effective at the next election for the various positions as provided by state law.

(Ord. 1176 § 1, 2006: Res. 267 §§ 1--3, 1989: Ord. 711, 1984: Ord. 473 §§ 1, 2, 1964).

The mayor and members of the city council may be reimbursed for actual expenses incurred by them in the discharge of their official duties upon presentation of a claim therefor and its allowance and approval by resolution of the city council.

The office of city attorney for the city of Kalama, Cowlitz County, Washington, is ordained and established.

The office of city attorney shall be filled by appointment by the mayor, subject to ratification by a majority vote of the city council. No person shall be eligible for appointment to the office of city attorney unless he is admitted to practice law in the courts of this state in the manner prescribed by law.

(Ord. 1118 § 1, 2003: Ord. 982 § 4, 1997: Ord. 539 § 1, 1972: Ord. 126 § 2, 1911).

The city attorney shall advise the city authorities and officers in all legal matters pertaining to the business of the city.

The city attorney shall receive as compensation such sums as shall be from time to time provided by the city council.

A. The office of city clerk is abolished, subject to the conditions of subsection (C) of this section.

B. There is created a new office to be known as clerk-treasurer of the city, such office to be appointed by the mayor, subject to ratification by a majority vote of the city council.

C. This section and the consolidation of offices herein provided for, shall take effect on the first day of January, 1964.

The bond of the city clerk-treasurer is fixed in the penal sum of not less than ten thousand dollars, conditioned upon the faithful performance of the duties of that office.

The mayor is empowered to appoint a deputy clerk-treasurer, subject to ratification by majority vote of the city council, who shall receive such salary as shall from time to time be fixed by the city council. The deputy clerk-treasurer shall post a bond in the penal sum of not less than five thousand dollars conditioned upon the faithful performance of the duties of that office.

(Ord. 982 § 6, 1997: Ord. 902 § 4, 1995; Ord. 540 § 2, 1972: Ord. 169 § 4, 1913).

It is resolved by the city council that the deputy clerk shah be and is appointed to certify claims to the city council for payment by action of the council. In the absence of the deputy clerk, the clerk shall serve.

The police chief shall be appointed by the mayor, subject to ratification by majority vote of the city council.

A. He shall be responsible for the general direction and control, subject to the direction of the mayor, of the city police department, and all personnel thereof;

B. He shall be responsible for the enforcement of the ordinances of the city, and shall prosecute before the police justice all violations of city ordinances which come to his knowledge;

D. He shall execute and return all process issued and directed to him by any legal authority, and for such service, shall receive the same fees as are paid to constables;

E. He shall perform such other services as the city council by ordinances may require.

The police chief shall have the same authority as that conferred upon sheriffs for the suppression of any riot, public tumult, disturbances of the peace, or resistance against the laws or public authorities in the lawful exercise of their functions and shall be entitled to the same protection.

The police chief may appoint, subject to the approval of the mayor, one or more deputies, for whose acts he and his bondsmen shall be responsible, and whose compensation shall be fixed, from time to time, by the city council. With the concurrence of the mayor, the police chief may appoint additional policemen for the preservation of public order.

The lawful order of the police chief shall be promptly executed by deputies, police officers and watchmen. Every citizen shall lend him aid, when required, for the arrest of offenders and the maintenance of public order.

The police chief shall receive such salary as shall be from time to time fixed and established by the city council.

All department heads shall be appointed by the mayor, subject to ratification by majority vote of the city council. A department head may be removed by the mayor.

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

"Official" means any person who is serving or has served as an elected or appointed city official or officer, and person who is serving or has served as an appointed member of any city board, commission, committee or other appointed position with the city. The appointed as used herein shall mean a person formally appointed by the city council or as authorized by state law or city ordinance.

A. As a condition of service or employment the city shall provide to an official or employee, subject to the conditions and requirements of this chapter, and 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 or lawsuit filed against such official or employee resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the city in their capacity as a city official or employee, unless the conduct, act or omission are specifically excluded under KMC 2.22.030. The city council shall, in its sole discretion, determine whether the fees and costs of any legal representation provided under this chapter are "reasonably necessary" for the defense of an official or employee, and are subject to reimbursement.

2. A conflict of interest or ethical bar exists with respect to said representation.

C. In the event that outside counsel is retained under subsection (B)(1) of this section, the city shall indemnify the employee from the reasonable costs of defense; provided, that in no event shall the officer or employee be indemnified for attorney's fees in excess of the hourly rates established by the city's contract with the attorney selected by the city. The officer or employee shall be liable for all hourly charges in excess of said rate, and for any fees and cost determined not to be "reasonably necessary" for the official or employee's defense, as determined by the city council.

1. Any dishonest, fraudulent, criminal, willful, intentional or malicious act or course of conduct of an official or employee;

2. Any act or course of conduct of an official or employee which is not performed on behalf of the city;

3. Any act or course of conduct which is outside the scope of an official's or employee's service or employment with the city; and/or

4. Any lawsuit brought against an official or employee by or on behalf of the city.

B. Nothing herein shall be construed to waive or impair the right of the city council to institute suit or counterclaim against any official or employee nor to limit its ability to discipline or terminate an employee.

C. The provisions of this chapter shall have no force or effect with respect to any accident, occurrence or circumstance for which the city of the official or employee is insured against loss or damages under the terms of any valid insurance policy, provided that this chapter shall provide protection, subject to its terms and limitation, above any loss limit of such policy. The provisions of this chapter are intended to be secondary to any contract or policy of insurance owned or applicable to any official or employee. The city shall have the right to require an employee to utilize any such policy protection prior to requesting the protection afforded by this chapter.

The determination of whether an official or employee shall be afforded a defense by the city under the terms of this chapter shall be made by the city council on the recommendation of the mayor. The decision of the city council shall be final as a legislative determination and shall be based upon a finding that the claim or suit against an official or employee is excluded under KMC 2.22.030.

Nothing herein shall preclude the city from undertaking an officer or employee's defense under a reservation of rights. This reservation of rights shall include, but not be limited to, the officer or employee's written agreement to reimburse the city for all attorneys' fees and cost incurred by the city under the circumstances described in KMC 2.22.080.

The determination as to whether to furnish a defense as provided under this chapter to a member or members of the city council shall be made without the vote of such member or members of the city council unless the inclusion of such member or members is required for a quorum; provided, that if a claim or lawsuit affects a quorum or greater number of the members of the city council, all such affected members shall retain their voting privileges under this section.

The provisions of this chapter shall apply only when the following conditions are met:

A. In the event of any incident or course of conduct potentially giving rise to a claim for damage or the commencement of a suit 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 involved, all information known to the official or employee with respect to the date, time, place, and circumstances surrounding the incident or conduct giving rise to the claim or lawsuit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses;

B. Upon receipt thereof, the official or employee shall forthwith deliver any claim, demand, notice or 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, and, upon request, assist in making settlement of any suit and enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the city because of any damage or claim of loss arising from said incident or course of conduct including, but not limited to, rights of recovery for costs and attorneys' fees arising out of state or federal statute upon a determination that the suit brought is frivolous in nature;

C. Such official or employee shall attend interviews, depositions, hearings and trials and shall assist in securing and giving evidence and obtaining attendance of witnesses all without any additional compensation to the official or employee and, in the event that an employee has left the employ of the city, no fee or compensation shall be provided; and

D. Such official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense relating to said claim or suit; 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.

If legal representation of an official or employee is undertaken by the city attorney, all of the conditions of representation are met, and a judgment is entered against the official or employee, or a settlement made, the city council shall make a decision, based on the exclusions set forth in KMC 2.22.030, whether to pay such judgment or settlement not otherwise covered by insurance, and the city council may at its discretion appeal as necessary such judgment.

In the event that any official or employee fails or refuses to comply with any of the conditions of KMC 2.22.050, or elects to provide his/her own representation with respect to any such claim or litigation, then all of the provisions for indemnification in this chapter shall be inapplicable, and have no force or effect with respect to any such claim or litigation.

A. If the city determines that an official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, then the city shall pay any judgment rendered against the official or employee and the reasonable attorney's fees incurred by the official or employee in defending against the claim. The city shall pay any costs and reasonable attorney's fees incurred in obtaining the determination that such claim is covered by the provisions of this chapter; provided, if a court of competent jurisdiction determines that such claim does not come within the provisions of this chapter, then the official or employee shall pay the city's costs and reasonable attorney's fees incurred in obtaining the determination that such claim is not covered under the provisions of this chapter.

B. If the city determines that a claim against a city official or employee does come within the provisions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, then the city shall be reimbursed by the official or employee for attorney's fees, costs or expenses incurred in obtaining the determination that such claim is not covered by the provisions of this chapter, as well as, all of the attorneys' fees and costs incurred by the city in the official or employee's defense that are not covered by the city's insurance.

The indemnification provisions of this chapter do not constitute a policy of insurance, and nothing contained in this chapter shall be construed to modify or amend any provisions of any policy of insurance where any city 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 official or employee's right to full coverage pursuant to this chapter, it being the intent of this chapter and section to provide the coverage detailed in this only 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.

The provisions of this chapter shall apply to any pending claim or lawsuit against an official or employee, or any such claim or lawsuit thereafter filed, without regard to the date of the events or circumstances which are the basis of such claim or lawsuit.

This chapter is subject to repeal or modification at the sole discretion of the city council; provided, that such repeal or modification shall apply prospectively only, and shall have no effect upon the obligation to indemnify and/or defend against any claim which is based, in whole or in part, upon any act or omission of an official occurring prior to the effective date of the repeal or modification.

There is established the office of municipal court judge of the city of Kalama who shall be one of the duly elected district court judges of Cowlitz County, Washington, or a district court commissioner duly appointed by law, pursuant to RCW 3.46.

The municipal court judge shall preside over the municipal court of the city, and shall hold court on such days and at such hours as may be required to afford persons charged with violations of city ordinances with a fair and speedy trial, and upon such terms and conditions as may be provided from time to time by agreement between the city council and the commissioners of Cowlitz County, Washington.

The city shall pay to Cowlitz County, Washington the fair share of the total salary of the district court judge, determined as provided in RCW 3.42 and as shall be provided for from time to time by the agreement between the city council and the county commissioners as provided in Section 2.24.020 above.

2.28.060 Washington Public Employees' Retirement System--Participation authorized.

2.28.070 Washington Public Employees' Retirement System--Delivery of certified copy of ordinance to state.

This municipality shall become a participant in the Social Security System and the benefits of Old Age and Survivors' Insurance shall be extended to its employees and officers.

The mayor and clerk-treasurer are authorized to execute and deliver to the Washington Department of Employment Security for its approval, the plan or plans required under the provisions of RCW 41.48.050 and of the Social Security Act to extend coverage to the employees and officers of this municipality and to do all other things necessary to that end.

The proper fiscal officers are authorized to make all required payments into the contribution fund established by said enabling Act and to establish such system of payroll deductions from the salaries of employees and officers as may be necessary to their coverage under said Old Age and Survivors' Insurance System.

The proper officials of the municipality shall do all things necessary to the continued implementation of said system.

This municipality shall become a participant in the Social Security System effective as of January 1, 1954, after its passing by the council and publication by the Kalama Bulletin, a newspaper printed and published at Kalama, Washington.

2.28.060 Washington Public Employees' Retirement System--Participation authorized.

The city authorizes and approves the membership and participation of its eligible employees in the Washington Public Employees' Retirement System pursuant to RCW 41.40.410, and authorizes the expenditure of the necessary funds to cover its proportionate share for participation in said system.

2.28.070 Washington Public Employees' Retirement System--Delivery of certified copy of ordinance to state.

The city clerk-treasurer is directed to transmit a certified copy of the ordinance codified in Sections 2.28.060 through 2.28.080 to the Retirement Board of the System as evidence of such authorization and approval.

Participation membership in the Washington Public Employees' Retirement System shall commence January 1, 1969.

Pursuant to RCW Chapters 35A.63 and 58.17, the office of hearing examiner, referred to in this chapter as examiner, is created. The examiner shall interpret, review and implement land use regulations as provided in this chapter or by other ordinances. The term "examiner" as used in this chapter shall include any deputy examiners, examiners pro tem or substitute examiners.

The hearing examiner shall be appointed by the mayor with the consent of the city council and shall serve at the mayor's discretion. The mayor may also appoint, for terms and functions deemed appropriate, examiners pro tem to serve in the event of the examiners absence or inability to act. The office of the examiner shall be separate from and not a part of the planning department.

Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position in city government.

An examiner may be removed from the office at the discretion of the mayor with concurrent majority vote of the city council.

No person, including city officials, elective or appointive, shall attempt to influence an examiner in any matter pending before him/her except at a public hearing duly called for such purposes or to interfere with an examiner in the performance of his/her duties in any other way; provided, that this section shall not prohibit the city attorney from rendering legal services to the examiner upon request or prohibit other persons from responding in writing to requests for information from the examiner.

No examiner shall conduct or participate in any hearing, decision, or recommendation in which the examiner has a direct or indirect substantial financial or familial interest; or concerning which the examiner has had substantial pre-hearing contacts with proponents or opponents.

The examiner shall have the power to prescribe rules for the scheduling and conduct of hearings and other procedural matters related to the duties of this office.

Meetings of the hearing examiner shall convene once a month, if necessary, or more frequently if need requires.

A. The examiner shall receive and examine all available information, conduct public hearings and prepare a record thereof and enter decisions as provided herein for the following matters:

B. The decision of the examiner shall be final unless such decision is appealed to the county superior court for writ of review pursuant to Section 2.34.150.

Applications for permits or approvals within the jurisdictions of the hearing examiner shall be presented to the office of the city clerk-treasurer. The planning commission secretary shall accept such application only if applicable filing requirements are met. The planning commission secretary shall be responsible for assigning a date for and assuring due notice of public hearing for each application requiring a public hearing, which date and notice shall be in accordance with the statute or ordinance governing the application.

The planning commission secretary shall coordinate and assemble the review of the other city departments, governmental agencies, and other interested parties to be provided to the city planner. The city planner shall prepare a report summarizing the factors involved and the city planner's findings and recommendations. Such report shall be provided to the applicant and filed with the examiner at least seven days prior to the scheduled hearing. At the same time the report will be made available for public inspection and copies provided to interested parties upon payment of copying charges.

Prior to rendering a decision on any application, the examiner shall hold an open record hearing on the application. Notice of the time and place of the hearing shall be made as provided in this code for that particular permit or form which is the subject matter of the public hearing. A public hearing may be continued at the discretion of the examiner; provided all interested parties present are given the opportunity to testify prior to the continuance.

Within ten working days of the conclusion of a hearing, unless a longer period is agreed to in writing by the applicant, the examiner shall render a written decision which shall include at least the following:

A. Findings based upon the records and conclusions therefrom which support the decision. Such findings and conclusions shall also set forth the manner by which the decision will carry out and conform to the city's comprehensive plan, other official policies and objectives and land use regulatory enactments;

B. A decision on the application which may be to grant, deny, or grant with conditions, limitations, modifications, and restrictions as the examiner finds necessary to make the application compatible with its environment, the city's comprehensive plan, other official policies and objectives and land use regulatory enactments;

C. A statement that the decision will become final in fourteen days unless appealed to the Cowlitz County Superior Court. See Section 2.34.150.

Not later than five working days following the rendering of a written decision, copies of that decision shall be mailed or personally delivered to the applicant, the director of public works, the building official, and to other parties of record in the case. "Parties of record" shall include the applicant and all other persons who specifically request notice of the decision by signing a register provided for such purpose at the public hearing.

A. Appeal. The applicant or any interested party may file an appeal on the decision of the examiner by making an application to the Cowlitz County Superior Court for a writ of review, within fourteen days after the examiner has rendered a decision.

B. Effect of Appeal on Application and Building Permit. Until final determination of any review by the superior court is returned to the hearing examiner, all activities relating to the matter under appeal shall halt. No use, building or occupancy permits shall be issued until such determination is returned. Any permits issued must be in accordance with the decision of the court.

C. Revocation of Permit. Upon receiving written findings outlining violations of a permit as issued by the hearing examiner, the city clerk-treasurer shall notify the original applicant of the city council's intention to hold a public hearing for the purpose of revoking the permits for violations of standards and conditions imposed. The applicant shall be given full opportunity to show just cause of any violations or show city error in violation determination.

The examiner shall report in writing to and meet with the planning commission and city council at least annually for the purpose of reviewing and administration of the land use policies and regulatory ordinances. Such report shall include a summary of the examiner's decisions since the last report. The examiner may request advice and counsel from the planning commission regarding interpretation of land use policies and ordinances.

Pursuant to the authority conferred by RCW 35A.63, there is created for the city, a planning commission to consist of seven members appointed by the mayor and confirmed by the city council. Members shall be appointed without respect to political affiliations and they shall serve without compensation. At least five of the seven members of the commission shall be residents inside the city limits. There may be two members on the commission who reside outside the city limits but within the Kalama School District boundaries or a person that owns and operates a business within the city limits. Should a residency or business location or ownership change occur during a commissioner's term, the commissioner will be allowed to finish their term if they desire.

A. The terms of office for the members of the planning commission shall be as follows: appointment or reappointment to a position on the commission shall be for a term of six years. Planning commission position terms shall expire on the second day of January, with each position term expiring in rotation of five years. Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term by appointment by the mayor. Notwithstanding the expiration of the term of any such member, he or she may continue to act and occupy the position to which he or she was appointed until his or her successor is appointed. His or her actions shall be valid during such time.

B. The position of a member shall be forfeited and become vacant for failure to attend three consecutive regular meetings of the commission. Members may also be removed by the mayor with approval of the city council at a public meeting.

The planning commission shall elect its own chairman and create and fill such other offices as it may determine necessary. The commission shall hold at least one regular meeting in each month provided there is business requiring its attention. It shall adopt rules for the transaction of business and shall keep a written record of its meetings, resolutions, transactions, findings and determinations, which record shall be a public record.

A. The planning commission shall serve in an advisory capacity to the mayor and city council with respect to the best methods of ensuring the growth, development and expansion of the city. It may have surveys, analyses, research and reports concerning the general problem of municipal development, expansion and general welfare, made through the office of the city's planning staff. It shall have all the powers and perform each and all of the duties specified in RCW 35A.63, together with any other duties or authority which may hereafter be conferred upon it by the laws of the state or by city ordinance. The performance of such duties and the exercise of such authority is subject to each and all of the limitations expressed in such legislation.

B. Recommendations to Council. The city council may refer to the planning commission for its recommendation and report any ordinance, resolution or other proposal related to any of the matters and subjects referred in RCW 35A.63, and the commission shall promptly report to the council thereon, making such recommendations and giving such counsel as it deems appropriate.

C. All plats or plans of subdivisions within the city, as well as dedications of streets and alleys offered to the city council for acceptance shall be submitted first to the planning commission for its recommendation and report, which report shall be made to the council pursuant to Title 16.

The planning commission, at or before its first regular meeting in September of each year shall make a full report in writing to the city council of its transactions and expenditures, if any, for the preceding year with such general recommendations as to matters covered by its prescribed duties and authority as the commission deems proper.

There is created a civil service commission for the police department of the city, pursuant to and in accordance with the provisions of Chapter 13 Laws of 1937 (RCW Chapter 41.12). All full-paid employment therein, and all advancements, demotions, suspensions, discharges or control thereof and of the members thereof, shall be under the control of and governed by civil service rules prescribed in or adopted pursuant to said Chapter 13 as the same may have been or may be amended before or after the effective date of the ordinance codified in this chapter.

There is created for the administration of such civil service for the police department, a civil service commission composed of three members who shall be appointed by the mayor of the city, subject to the approval of a majority of the city council. The term of office of such civil service commission shall be six years, except that the first three members of such commission shall be appointed for different terms, as follows: one to serve for a period of two years, one to serve for a period of four years and one to serve for a period of six years. The respective terms for the first three members shall be determined by lot. In the event any civil service commissioner resigns, becomes disqualified or is removed for cause, another commissioner shall be appointed to take his place for the unexpired portion of the term.

The ordinance codified in this chapter is adopted pursuant to Chapter 13 of the Session Laws of 1937 (RCW Chapter 41.12) and all of the provisions of said Chapter 13. Three copies of the same are on file in the office of the city clerk-treasurer, and are by this reference incorporated in this chapter and made a part of this chapter.

There is established in the city, a public library, which shall be maintained by the city in association with a board of trustees, and which shall be known as the "Kalama Public Library."

A. Library trustees shall be appointed and removed as provided in RCW 35A.12.090. Trustees shall be appointed by the mayor with the consent of the city council. Applications for trustees will be presented to the board for review and recommendations. Trustees who miss three consecutive meetings or five meetings within one year may be removed from office with vote by the city council.

B. Trustees are appointed for a five year term, unless the appointment is to fill an unexpired term. No member may serve longer than the term or unexpired term to which he or she has been appointed, unless that person is reappointed by the mayor. No trustee may serve more than two consecutive terms except when filling an unexpired term, the trustee may fill two additional terms.

C. Library trustees shall not receive salaries or other compensation for their services; however, necessary expenses actually incurred in the performance of the duties as a library trustee shall be paid from the library funds following approval by the city clerk-treasurer.

A. Selection of Library Materials. The library director, with the assistance of designated staff members, shall be responsible for selection of library materials in accordance with policies set forth by the library board of trustees. Materials will represent an unbiased collection for information, reference and research, education, and recreation uses. Citizen requests for reconsideration of library materials in accordance with its established policy and procedures will be submitted to the city for review by the library board of trustees. The board's recommendation will be sent to the mayor and city council for a final decision.

B. Establishment of Policies for Library Use and Service. The library board of trustees shall adopt such policies, rules and regulations as are necessary to ensure the provision of service to library patrons and the efficient operation of the library. All such policies, rules and regulations shall be in compliance with Washington state law and ordinances of the city.

C. Personnel Policy. All library personnel shall be subject to city personnel policies, rules and regulations. The city council in accordance with RCW 35A.11.020 shall determine salaries, benefits and working conditions. The board of trustees shall be consulted when personnel policies affecting library personnel or operations are to be changed in order that their concerns may be considered.

D. Library Director (Recruitment, Selection and Evaluation). In case of a vacancy in the position of library director, the mayor, with participation from the library board of trustees, shall coordinate the recruitment process to ensure a timely search and adherence to personnel policies. Candidates for the position of library director shall meet minimum standards as set in the job description approved by the city council for this position, and shall be confirmed by the city council. Authority to appoint or dismiss the library director shall rest with the mayor pursuant to RCW 35A.12.090. The mayor shall do an annual performance evaluation of the director in consultation with the board of trustees.

E. Budget and Finances. Library appropriations and expenditures shall conform to the requirements of state law and this code. The city council will have final authority to review and approve the library budget. The library budget proposal shall be developed by the library director and reviewed by the library board within a resource estimate provided by the finance department and the mayor.

F. Board Insurance. The library trustees shall be insured to the same extent as other appointed officials of the city.

G. Power to Contract. Although power to enter into contracts rests with the city council under RCW 35A.11.010, the city council may delegate to the library board such authority as it deems appropriate to enter into contracts.

The city council shall appropriate money annually for the support of the library. All monies for the library derived from taxation shall be deposited into a fund maintained by the city clerk-treasurer, known as the library fund (taxation), and shall not be drawn upon for any but library purposes.

Fund 110 library fund shall continue to be used as the depository of all monies received for library purposes from state aid, donation, or any like source other than taxation.

A. Retention of Library Materials. It shall be unlawful to retain any book, magazine, manuscript, pamphlet, or other property belonging to, or on deposit with the Kalama Public Library, or any institution operated in connection therewith, for a period exceeding thirty days after the mailing by certified mail to the borrower's address on file with the library of a written notice to return the same, given after the expiration time which by the rules of said institution such article or other property may be kept, which notice so mailed shall bear on its face a copy of this section.

1. This offense shall be designated a civil infraction with the maximum penalty being twenty-five dollars.

2. In addition to the penalties set forth in subsection (B)(1) of this section, the person shall make restitution in the amount of the replacement cost of the materials not returned or returned in a damaged condition, plus any outstanding fines or fees owing by borrower.

3. Nothing herein contained shall prevent the city from proceeding against any person for theft or other appropriate criminal activity where circumstances justify the same.

4. The retention of each item of library material shall constitute a separate infraction if charged as such.

The city council does create a committee to be known as the parks and recreation advisory committee, consisting of five regular committee members. The members of the parks and recreation advisory committee shall be appointed by the mayor with the approval of the council. The regular members of such committee shall serve without compensation and shall have the powers and duties hereinafter set forth in this chapter.

The five members of the parks and recreation advisory committee shall consist of three residents living within the city limits and two residents living outside city limits within the park plan boundaries. Three members of the committee shall be appointed for initial two-year terms, and two members for three-year terms. Upon the expiration of the terms of the initial members of the committee the vacancies thereby created shall be filled for full three-year terms. In the event a vacancy shall occur due to death, resignation or otherwise, the mayor shall appoint a member to fill such vacancy for the balance of the term thereof.

At the January meeting of every odd-numbered year, the board shall organize by electing a chairperson and secretary to serve for a period of two years. If the position of chair is vacated before expiration of such term, the secretary will assume chairmanship until January of the next odd-numbered year and a new secretary will be elected to fill the balance of that position's term. The board shall schedule a regular meeting day place, and time each month; provided, that if there are no matters over which the board has jurisdiction pending upon its calendar, a meeting may be canceled. All meetings shall be open to the public. The parks and recreation advisory committee shall be responsible for establishing its own rules of order, electing its own officers and allocating its duties amongst its members. The committee may establish subcommittees to meet at times other than the regular meeting date. Only one official committee member may serve on a subcommittee. Three regular members of the board shall constitute a quorum for the transaction of business.

A. Review and update Kalama's parks and recreation plan with the assistance of staff support from the Cowlitz-Wahkiakum council of governments for submission to the city council for adoption as a component of the city's comprehensive plan;

B. Recommend to the city council strategies for implementing components of the plan requiring action;

C. Make formal responses to request for comment on specific development proposals from the city council or the planning commission in regards to parks and recreation facilities;

D. Perform such other tasks as are from time to time assigned to the committee by action of the city council.

A leave sharing program is established for the purpose of permitting city employees, at no additional cost to the city other than the administrative costs of administering the program, to come to the aid of a fellow city employee who is suffering from, or has a relative or household member suffering from, an extraordinary or severe illness, injury, impairment, or physical or mental condition.

A department head, with the mayor or designee's concurrence, may permit an employee to receive shared leave if:

A. The employee suffers, or has an immediate family member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to go on leave without pay status or to terminate his or her employment with the city;

B. An employee has completed six months of the applicable city probationary period;

C. The employee has depleted or will shortly deplete his or her total available paid leave;

D. Prior to the use of shared leave, the employee has abided by the city's sick leave policy;

E. The employee has diligently pursued and is found to be ineligible for state industrial insurance benefits;

F. The use of shared leave will not significantly increase the city's costs other than the administrative costs of administering the shared leave program;

G. If deemed appropriate the mayor or his designee may require that the employee provide appropriate medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition. The amount of shared leave, if any, which an employee may receive shall then be calculated. No employee shall receive more than a total of one thousand forty hours of leave.

Employees may request the transfer of a specified amount of accrued sick leave or vacation leave to an employee who has been authorized to receive shared leave, subject to the following conditions:

B. The donating employee must retain a total of eighty hours, or more, of total accrued sick leave and eighty hours or more of accrued vacation leave, after the transfer of shared leave;

C. The transfer of leave from a donating employee shall not exceed the amount specified by that employee;

E. Resigning or retiring employees, who have donated shared leave, shall not be eligible to receive payment for such donated leave.

Shared leave may be transferred without regard to the City Department in which donating employees and donee employees may be assigned.

A. While an employee is using shared leave, he or she shall continue to be classified as a city employee and shall receive the same treatment in respect to salary and employee benefits as he or she would normally receive if using accrued sick leave or vacation leave. All salary payments made to an employee while using shared leave shall be made by the Department to which that employee is assigned.

B. The salary rate, total salary, and earned benefits of an employee using shared leave shall not change as a result of the employee being on shared leave, but shall continue as if the employee were using accrued sick leave or vacation leave.

C. Sick or vacation leave shall be transferred on a dollar-for-dollar basis. The value of the leave shall be determined at the current hourly wage of the transferor and the leave available to the receiving employee shall be calculated at the receiving employee's wage.

D. The personnel department shall be responsible for computing the values of donated leave and shared leave, and shall also be responsible for adjusting the accrued leave balances to show the transferred leave. Records of all leave time transferred shall be maintained in the event any unused time is returned at a later date to the donor.

E. The value of any leave transferred which remains unused shall be returned at its original value to the employee or employees who donated the leave.

F. The personnel department shall monitor the use of shared leave with the objective of establishing uniform administration of this ordinance for all employees of the city. Inappropriate use or treatment of the shared leave provision may result in the cancellation of the donated leave or use of shared leave. In no event shall any unused shared leave be paid to the donee employee in the event of leaving city service.

G. The clerk-treasurer shall determine the appropriate fund transfers and budget amendments as need for city council action.

This program has been established as a pilot program of the city subject to review within one calendar year. The city council in its sole discretion may cancel this program at any time or review it on one-year increments, extending it from time to time.

The city of Kalama need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost does not exceed two hundred thousand dollars, which includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead, the city may use the small works roster procedures for public works projects as set forth herein. The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process.

The city may create a single general small works roster, or may create a small works roster for different specialties or categories of anticipated work. Said small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor.

The small works roster(s) shall consist of all responsible contractors who have requested to be on the roster(s), and where required by law are properly licensed or registered to perform such work in this state. Contractors desiring to be placed on a roster or rosters must keep current records of any applicable licenses, certifications, registrations, bonding, insurance, or other appropriate matters on file with the city as a condition of being placed on a roster or rosters.

At least once a year, the city shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added to an appropriate roster or rosters at any time that they submit a written request and necessary records. The city may require master contracts to be signed that become effective when a specific award is made using a small works roster. An interlocal contract or agreement between the city of Kalama and other local governments establishing a small works roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responsible for implementing the small works roster provisions.

The city shall obtain telephone, written or electronic quotations for public works contracts from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 43.19.1911, as follows:

A. A contract awarded from a small works roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. This paragraph does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes.

B. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster.

If the estimated cost of the work is from one hundred thousand dollars to two hundred thousand dollars, the city may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The city has the sole option of determining whether this notice to the remaining contractors is made by:

1. Publishing notice in a legal newspaper in general circulation in the area where the work is to be done;

3. Sending a notice to these contractors by facsimile or other electronic means.

C. For purposes of this resolution, equitably distribute means that the city may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services. At the time bids are solicited, the city representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project.

D. A written record shall be made by the city representative of each contractor's bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry.

E. At least once every year a list of the contracts awarded under that process is to be furnished to the city council and made available to the general public. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract,, and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection.

The city council shall award the contract for the public works project to the lowest responsible bidder provided that, whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the city council may call for new bids. In addition to price, the city council shall take into account the following:

B. Whether the bidder can perform the contract within the time specified by the city;

D. The previous and existing compliance by the bidder with laws relating to the contract or services.

The director of public works or his designee shall present all telephone quotations/bids and recommendation for award of the contract to the lowest responsible bidder to the Mayor and city council. For public works projects under twenty thousand dollars, the director of public works shall have the authority to award public works contracts without city council approval, provided that the project has been included on the current Capital Facilities Plan and included in the city's current approved budget. All public works contracts for projects over twenty thousand dollars shall be awarded by majority vote of the city council.

2.68.040 Research not to be performed--Public records not sufficiently identified.

2.68.050 Certain public records exempt from inspection and copying--Deletion of exempt portions thereof.

"Non-public record" means any writing containing information not relating to the conduct of government, and not relating to the performance of any governmental or proprietary function, retained or in the possession of the city regardless of form or characteristics.

"Public record" means any writing containing information relating to the conduct of government, or the performance of any governmental or proprietary function prepared, owned, used or retained by the city regardless of form or characteristics.

"Writing" means handwriting, typewriting, printing, photostating, photographing and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds or symbols, or a combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

A. Public records possessed by the city shall be available for inspection and copying between the hours of nine a.m. to five p.m. daily except for Saturdays, Sundays and holidays.

B. All requests to inspect and copy public records shall be in writing on forms prescribed by the city clerk and shall identify the public records sought for such inspection and copying.

C. All requests to inspect and copy public records, except as otherwise provided herein, shall be submitted to the city clerk or his/her designee.

A. Responses to requests for inspection and copying of public records shall be made promptly.

1. If the request is for public records maintained by the city clerk, such requests shall be granted or denied within five business days thereafter. If granted, the requesting party shall be provided with necessary assistance in performing the inspection, and copying equipment shall be made available. Such copying equipment shall include that which is possessed by the city to copy such public records on the same format (i.e., printed or written to be photocopied, electronic tape to electronic tape, computer stored information to diskette) or converted to a readable format (i.e., computer stored information printed on paper), at the option of the requester.

2. If the request is for public records maintained by a department or office of the city other than that of the city clerk, the request shall be promptly forwarded to the department or office of the city possessing such public records, and the appropriate department head or his/her designee shall grant or deny such request within four business days after receipt thereof by such department or office. If granted, the requesting party shall be provided with necessary assistance in performing the inspection, and copying equipment shall be made available. Such copying equipment shall include that which is possessed by the city to either copy such public records on the same format (i.e., printed or written to be photocopied, electronic tape to electronic tape, computer stored information to diskette) or converted to a readable format (i.e., computer stored information printed on paper), at the option of the requester.

3. If the city does not possess equipment to copy the requested public records in a manner or format sought by the requester, and if such equipment is available commercially, the person responding to such request shall determine the cost of such copying and notify the requester that the city does not possess the equipment to make the requested copies and the estimated cost of commercial copying.

B. Requests for inspection and copying may be made directly to the following departments or offices of the city, without first submitting such requests to the city clerk:

C. Requests for inspection and copying of identifiable public records, received by mail, shall be honored if doing so does not require an excessive amount of research or retrieval time of city employees, does not excessively interfere with essential governmental functions, and if payment thereof is made in advance.

D. The city clerk, the department head or other persons receiving a request for inspection and copying shall respond thereto by:

2. Acknowledging that the request has been received and advising the requester of the estimated time necessary to provide the requested information; or

Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In acknowledging receipt of a public record request that is unclear, the requester may be asked to clarify what information is sought. If the requester fails to clarify the request, further response to the request shall not be made.

Denials of requests must be accompanied by a written statement of the specific reasons therefor.

Whenever a request for inspection and copying has been denied in whole or in part, the requester may present the matter to the city attorney for review; such review shall be conducted as promptly as reasonably possible, and shall constitute final action for the purposes of judicial review.

2.68.040 Research not to be performed--Public records not sufficiently identified.

Written requests for inspection and copying of public records shall not be honored if such requests require city employees to compile information from multiple sources, perform research, or require reformatting of data, or if the public records sought by the requester are not sufficiently identified, or if the information requested to be inspected and copied consists of non-public records.

2.68.050 Certain public records exempt from inspection and copying--Deletion of exempt portions thereof.

Public records described in RCW 42.17.310, 42.17.318, 42.17.31901 and any other public records exempt from public inspection and copying by the laws of the State of Washington, shall not be available for public inspection and copying; provided, however, when exempt portions of public records can be erased, excised or deleted, the remainder thereof shall be open to public inspection and copying.

Public records in the form of information or data which is electronically stored (in the memory of a computer, a diskette, a magnetic tape, a compact disc, or in other similar ways) shall be subject to public inspection and copying in the following manner:

A. Information or data that is publicly available by computer access without submission of a request for inspection and copying, may be inspected and copied by any person or persons having access to computer equipment capable of such inspection and copying. Subject to budget and financial constraints, public access computer equipment may be made available without charge by the city at public locations.

B. Information or data that is not publicly available by computer access without submission of a request for inspection and copying, but which constitutes public records and is stored, contained or available as data or information within the memory or storage facilities of computer or electronic equipment, is subject to inspection and copying only with the cooperative services of city employees familiar with the operation of equipment that permits such inspection and copying to occur. When public records are adequately identified by the requester, a city employee designated by the city clerk or other appropriate department head, shall examine the information to determine if it contains exempt or non-public records. If such examination reveals any data or information that is exempt from public inspection and copying, the requested public record shall be printed on paper or transferred to a diskette or similar medium with the exempt portions thereof deleted; if the examination reveals any data that is non-public record, inspection and copying thereof shall not be permitted. If the examination reveals no exempt information and no non-public records, the person requesting the inspection and copying, at his or her option, may view the information on a computer screen, have the information transferred to a diskette or other compatible storage medium, or ask that the information be printed on paper; provided, however, that the viewing of such information on a computer screen shall not be permitted except where the computer is operated by a city employee and where diverting such city employee from his or her regular duties in order to operate such computer to permit such viewing would not cause excessive interference with essential functions of the city.

The city shall impose no charge for the services of city employees who assist in inspection and copying of public records; provided, however, that if a city employee performs tasks other than records and/or data retrieval after authorization by his/her department head, a charge equal to the hourly wages of such employee shall be paid by the person requesting the performance of such research.

Copies of printed material shall be charged at the rate of fifteen cents per page for city records and ten cents per page for personal requests plus the actual cost of envelopes, postage and delivery, if incurred. If it is necessary to have copies made commercially due to size or configuration of the information sought to be copied, the requester shall pay the city, in advance, the estimated cost thereof.

The cost of video tapes or reproductions, magnetic tapes, diskettes, photographs, pictures and other communication media material necessary to make copies of public records shall be at the cost of the requester, payable in advance before copies are made.