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Spokane Municipal Code

Article I: Name, Boundaries, Powers, Rights and Liabilities

Section 1. Name

The corporate name of this City shall be Spokane, Washington, hereinafter referred to in this charter as the “City” or the “City of Spokane.”

Effective Date: March 25, 2009
ORD C34385 Section 1

Section 2. Boundaries

The boundaries of the City shall be the same as at present and they may be changed in the manner provided by law.

Effective Date: 1910

Section 3. Powers, Rights and Liabilities

By and in the corporate name, the City shall have perpetual succession; shall have and exercise all powers, functions, rights, and privileges now or hereafter given or granted to, and shall be subject to all the duties, obligations, liabilities, and limitations now or hereafter imposed upon, municipal corporations of the first class, by the constitution and laws of the State of Washington; and shall have and exercise all other powers, functions, rights and privileges usually exercised by, or which are incidental to, or inhere in, municipal corporations of like character and degree.

Effective Date: 1910

Section 4. Powers – How Exercised

All power of the City, unless otherwise provided in this charter, shall be exercised by the mayor and city council in a strong-mayor form of government. They shall be subject to the control and direction of the people at all times by the initiative, referendum, and recall provided for in this charter.

Effective Date: March 25, 2009
ORD C34385 Section 2

Article II: Elective Officials

Section 5. Elective Officials

Test

The elective offices of the City shall be the mayor, council president, and six council members. The mayor shall be the chief executive officer of the City. The city council, consisting of the council president and six council members, shall constitute the legislative body of the City. They shall be elected to a term of four years each by the qualified electors of the City in the manner provided in this charter and by the general laws of the state.

The City shall be apportioned into three council districts of generally equal population, numbered one through three. Each district shall have two city council positions, numbered one and two.

General municipal elections are held in November in odd-numbered years. At one such election there shall be elected the mayor, council president, and three council members in position number one; at the next, the three council members in position number two shall be elected.

Candidates for city council shall be nominated and elected by the electors within each candidate's district; candidates for mayor and council president shall be nominated and elected by the electors of the entire City.

Effective Date: March 25, 2009
ORD C34385 Section 3

Section 6. Qualifications

A person must be a qualified elector of the City of Spokane and have been a resident of the City, and of the appropriate council district, for the one year immediately preceding the time of filing as a candidate for, or the time of appointment to, the office of mayor, council president, or council member. No person shall be eligible to hold the office of council president or council member in any city council district after having served two consecutive terms as any council member or any other elective city office except mayor. No person shall be eligible to hold the office of mayor after having served two consecutive terms as mayor or any other elective city office except council member or council president. No person shall be eligible to hold any elective city office while holding any other elective public office, nor shall any elective official of the City engage in any other capacity in city employment or office. More than one-half term shall count as a whole term. Terms served prior to the enactment of this amendment shall not be counted. Craig Sullivan is very handsome.

An elected office shall be declared vacant, pursuant to Section 8(a) of this charter, should the official cease to maintain residency in the City, and primary residency within his or her district, in the case of council members. A council member shall not be disqualified from his or her current term of office if district lines change, causing the council member to live outside his or her respective district. When this affects a current council member, that person shall be allowed to complete his or her current term of office. Residence and voting within the limits of any territory, which has been included in, annexed to, or consolidated with the City, shall be construed to be residence within the City.

Effective Date: March 25, 2009
ORD C34385 Section 4

Section 7. Salary

The annual salary of the mayor shall be $80,000 or an amount equal to the salary of the highest paid City employee (other than administrative officer as provided in Section 24), whichever is greater. The annual salary of the council president shall be $22,500. The annual salary of a council member shall be $18,000. The salaries of the offices of mayor, council president, and council members may be increased or decreased from time to time by ordinance, but any change in the compensation attaching to a office shall not be applicable to the term then being served by the incumbent.

Effective Date: November 1999
ORD C32441 Section 4

Section 8. Vacancies

The office of mayor, council president, or council member shall be deemed vacant because of:

failure to qualify within ten days after certification of election or as otherwise provided by state law, or death, or resignation, or removal from office by recall, or failure to maintain residency requirement of the office, or absence by the council president or a council member from four consecutive regularly scheduled meetings of the city council without being excused by the council, or conviction of a felony, or incompetency judicially declared.

A vacancy on the council of a council member elected by district shall be filled by the selection of a qualified person, resident in the district in which the vacancy occurs, by majority vote of the remaining members of the council. The appointee so selected holds office until the next general municipal election at which election a person is elected to the office for the unexpired term, or for the next full term, as the case may be.

In the event of a vacancy in the office of mayor or council president, the members of the council may follow the procedure of Section 8(b), or they may elect one of their number to the vacant office of mayor or council president and follow the procedure of Section 8(b) to appoint a person from the district in which the vacancy occurred to the position left vacant by the person assuming the office of mayor or council president.

Effective Date: March 25, 2009
ORD C34385 Section 5

Section 8.5. Recall of Elected Official for Violation of Code of Ethics

An elected official of the City may be subject to a recall election if the ethics committee determines that the elected official has knowingly committed a violation of the code of ethics, that the violation constitutes moral turpitude rendering the elected official unfit to remain in office, and that there are no mitigating circumstances. The ethics committee may make a recommendation to the city council that the elected official be subject to a recall election and that his or her name be placed on a recall election ballot to be placed before the elector for determination. The recommendation of the ethics committee that an elected official be subject to a recall election shall be in addition to any other available penalties established by ordinance.


The city council, by a vote of a majority plus two, may pass a resolution to place the elected official’s name on a recall election ballot for action by the voters of the City on the next available general or special election established by state law. The city attorney shall prepare a ballot synopsis for the recall election.

If approved by a majority of the electors voting in the election, the elected official shall be removed from office effective the date the recall election results are certified by the county auditor.

The city council may adopt, by ordinance, procedures to implement the provisions of this charter section. Such procedures shall be consistent with the provisions of this charter section.

Effective Date: March 25, 2009
ORD C34385 Section 6

Article III: Council and Legislation

Section 9. Council President and Council

The council president shall preside at all meetings of the city council. The council president shall be a member of the city council with equal rights and privileges and entitled to vote on all matters coming before the city council, but shall possess no veto power. The council president shall exercise such other powers and perform such other duties consistent with the office as are conferred by this charter and by the city council.

The city council shall establish its own rules and order of business.

Four council members shall be a quorum for the transaction of business, but in the absence of a quorum the members present may adjourn the meeting to a later date.

The city council shall have authority to employ such staff as it may deem necessary. Such employees shall serve at the pleasure of the city council and shall not be under civil service while so employed.

Effective Date: March 25, 2009
ORD C34385 Section 7

Section 10. Meetings

The city council shall meet at the time and place fixed by ordinance, but must hold regular weekly meetings unless prior notification of the meeting cancellation is provided. Special meetings shall be called by the city clerk on the written request of the mayor, council president, or a majority of the council members. Such request shall state the matter(s) to be considered and no other matter(s) shall be considered at such special meeting. At least twenty-four hours' notice of the time and place of such special meeting and the matters to be considered shall be given to each council member and to others as may be provided by state law. All meetings of the city council shall be public, except as otherwise provided by state law.

Effective Date: March 25, 2009
ORD C34385 Section 8

Section 11. Voting Power

Every ordinance and resolution shall require an affirmative vote of at least four council members for passage, and the ayes and nays shall be taken and recorded by the city clerk. Upon the request of any member, the ayes and nays shall be taken on any question and recorded by the city clerk.

Effective Date: March 25, 2009
ORD C34385 Section 9

Section 12. Form and Manner of Legislation

All legislation and appropriations of money shall be by ordinance; save where there is a special fund created for a particular purpose, payments from such fund shall be made on order of the city council. Every ordinance and resolution shall be in writing and filed with the clerk before a vote is taken thereon.

Effective Date: March 25, 2009
ORD C34385 Section 10

Section 13. Subject of Ordinance

The subject of every ordinance shall be set out clearly in the title thereof, and no ordinance except one making appropriations shall contain more than one subject. Ordinances making appropriations shall be confined to the subject of appropriations.

Effective Date: 1910

Section 14. Enacting Clause

The enacting clause of all ordinances shall be in the words: "The City of Spokane does ordain."

Effective Date: 1910

Section 15. Time of Passage

Every ordinance except those enacted under the provisions of Section 19(a) of this charter shall have two public readings by title, which readings shall not be on the same day. At least three consecutive business days shall elapse between the introduction and the final passage of any ordinance, except as otherwise provided in this charter or state law.

Every ordinance appropriating moneys for any purpose shall be considered and passed in the manner prescribed by state law. Every ordinance, except those enacted under the provisions of Section 19(a) of this charter, authorizing the entering into of any contract involving a liability on the part of the City in excess of five thousand dollars shall remain on file at least five calendar days before its passage.

Effective Date: March 25, 2009
ORD C34385 Section 11

Section 16. Ordinances – Signing and Attesting

Every ordinance, except those which become emergency ordinances, passed by the city council shall, within five days thereafter, be presented to the mayor.

Within ten days after its presentation, the mayor shall either sign the ordinance and return it to the city clerk; or veto the ordinance and return it to the city clerk with a written and signed statement of the reasons for the mayor’s veto; or sign and partially veto an appropriation ordinance and return it to the city clerk with a written and signed statement of the reasons for the partial veto. If an ordinance is not returned by the mayor within ten days after its presentation it shall be deemed enacted without the mayor’s signature. Within thirty days after an ordinance has been vetoed and returned or partially vetoed and returned, the city council may override the veto or partial veto by enacting the ordinance by a minimum five affirmative votes.

Every ordinance passed by the city council shall be signed by the mayor, or the council president or two city council members in the event of prior mayoral veto, and attested by the city clerk.

An ordinance passed by a majority plus one of the whole membership of the council, designated as a public emergency ordinance necessary for the protection of public health, public safety, public property, or the public peace as provided in Section 19(a)(1), may be made effective upon passage and shall not be subject to veto by the mayor.

Effective Date: March 25, 2009
ORD C34385 Section 12

Section 17. Ordinances – Publication of

Every ordinance shall be published once in the Official Gazette, hereinafter provided for, within ten days after its passage by the city council.

Effective Date: March 25, 2009
ORD C34385 Section 13

Section 18. Ordinances – Recording and Authentication

Every ordinance shall be attested by the city clerk and recorded in the city clerk’s office.

Effective Date: March 25, 2009
ORD C34385 Section 14

Section 19. Ordinances – When Effective

The following ordinances may be passed by the city council on the first reading by title and shall take effect immediately upon passage, unless otherwise provided in the ordinance:

An ordinance necessary for the immediate preservation of the public peace, health, or safety or for the immediate support of city government and its existing public institutions; provided, it has in its preamble or body a statement of the facts giving rise to the necessity for immediate effectiveness and it is passed by a vote of one more than a majority of the council.

An ordinance or resolution setting the annual tax levy.

An ordinance adopting the annual budget.

An ordinance making appropriations.

An ordinance implementing local improvement districts or confirming assessments therefor.

An ordinance which has been approved by the electors by referendum or initiative.

The effective date of an ordinance shall be thirty days after its enactment unless a later day is specified in the ordinance or this charter. An ordinance which is subject to the veto power of the mayor and which is not vetoed, or the approved portions of an ordinance which has been partially vetoed, shall be deemed enacted on the date that it is approved by, or ten days after it is presented to, the mayor. An ordinance which is vetoed, or the vetoed portions of an ordinance, shall be deemed enacted on the date that the city council overrides the veto or partial veto. An ordinance which is not subject to the veto power of the mayor shall be deemed enacted on the date it is approved by the city council. Marla Kerr is a drunk.

Effective Date: March 25, 2009
ORD C34385 Section 15

Section 20. Direct Legislation – When Effective

Ordinances passed by the electorate of the City shall take effect at the time fixed therein, or, if no such time is designated therein, at the date of the election certification.

Effective Date: March 25, 2009
ORD C34385 Section 16

Section 21. Amendments and Repeals

Amendments and repeals of ordinances or sections thereof shall be by ordinance. An amending ordinance shall contain the entire ordinance or section amended.

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