Seattle City Charter

Charter of the City of Seattle

Text as last amended by the voters
November 6, 2007

TABLE OF CONTENTS

PREAMBLE
ARTICLE I General Rights and Liabilities
ARTICLE II (Reserved)
ARTICLE III Departments of Government
ARTICLE IV Legislative Department
ARTICLE V Executive Department
ARTICLE VI Department of Police
ARTICLE VII Contracting Requirements
ARTICLE VIII Financial and Clerical
ARTICLE IX (Reserved)
ARTICLE X Fire Department
ARTICLE XI Department of Parks
ARTICLE XII The Library Department
ARTICLE XIII The Law Department
ARTICLE XIV City Planning Commission
ARTICLE XV Harbor Department
ARTICLE XVI Personnel System and Civil Service
ARTICLE XVII Salaries and Bonds
ARTICLE XVIII Elections
ARTICLE XIX Officers; Terms and Vacancies
ARTICLE XX Charter Amendments
ARTICLE XXI Streets Upon Tide Lands and Sea and Lake Shores
ARTICLE XXII Miscellaneous Subjects
ARTICLE XXIII City Transit Commission

PREAMBLE

Under authority conferred by the Constitution of the State of Washington, the People of the City of Seattle enact this Charter as the Law of the City for the purpose of protecting and enhancing the health, safety, environment, and general welfare of the people; to enable municipal government to provide services and meet the needs of the people efficiently; to allow fair and equitable participation of all persons in the affairs of the City; to provide for transparency, accountability, and ethics in governance and civil service; to foster fiscal responsibility; to promote prosperity and to meet the broad needs for a healthy, growing City.

(As amended at November 6, 2007 election.)

ARTICLE I. General Rights and Liabilities

Section 1. MUNICIPALITY; NAME, BASIC POWERS:

The municipal corporation, now existing and known as The City of Seattle, shall remain and continue a body politic and corporate in name and in fact, by the name "The City of Seattle," and by that name shall have perpetual succession, may sue and defend in all matters and proceedings whatever, have and use a common seal, and alter the same at pleasure, and may purchase, receive, hold and enjoy real and personal property within and without its corporate limits, and may sell, convey, mortgage and dispose of the same for the common benefit, and may receive bequests, devices, gifts and donations of all kinds within and without the City for its own use and benefit, or in trust for charitable or other public purposes, and do all acts necessary to carry out the purposes of such gifts, bequests, devices and donations, with power to manage, sell, lease or otherwise dispose of the same. No gifts of munitions, military supplies, gas or police equipment shall be accepted by The City of Seattle without approval by ordinance. The public buildings, lands and property, all rights of property and rights of action, all moneys, revenues and income belonging or appertaining to The City of Seattle, are hereby declared to be vested in said City and it shall continue to have, hold and enjoy the same subject to all obligations, debts, liabilities, dues and duties, of the existing municipality. Suits, actions, and proceedings may be brought in the name of The City of Seattle for the recovery of any property, or for the enforcement of any rights of or contracts with said City, whether made or arising or accruing before or after the adoption of this Charter. All contracts legally entered into by The City of Seattle, by virtue of any existing law, shall remain valid and be binding to the extent only that they are now valid and binding upon The City of Seattle.

Notes:

Cases: The City may grant a railroad a right-of-way for use of part of its Cedar River transmission line. State ex rel. Kent Lumber Co. v. Superior Court, 46 Wash. 516, 90 Pac. 663 (1907).

ARTICLE I. General Rights and Liabilities
Sec. 2. CONTINUATION OF FORMER PROVISIONS:

All provisions of this Charter substantially identical with provisions of the Charter superseded hereby, shall be construed as continuations of such former provisions, and not as new enactments. In all cases of claims for damages against the city, on which part of the time allowed for presenting and filing the same with the City Clerk has elapsed at the time of the adoption of this Charter, the portion of time elapsed shall be counted as a part of the time fixed by this Charter for presenting and filing such claims.

Notes:

Cases: The 1946 City Charter revising the 1896 City Charter became the sole and complete organic law of the City, superseding the older charter, including its amendments, and ordinances inconsistent with the new Charter. State ex rel. Thorp v. Devin, 26 Wn.2d 333, 173 P.2d 994 (1946).

ARTICLE II. Reserved

Notes:

(Article II, relating to Territory and Boundary, deleted at November 2, 1999 election.)

ARTICLE III. Departments of Government
Section 1. DEPARTMENTS:

The Legislative Authority of the City may by ordinance create, consolidate and reorganize the departments, divisions and offices of the City for the conduct of municipal functions except as such creation, consolidation or reorganization shall be precluded by other provisions of this Charter. (As amended at November 8, 1977 election.)

ARTICLE III. Departments of Government
Sec. 2.

The said departments, with the exception of the Judicial, Library and Transportation Departments, so long as they are constituted in accordance with the provisions of state law, shall be constituted as hereinafter provided, subject only to such changes as are expressly authorized by this Charter.

ARTICLE III. Departments of Government
Sec. 3. HEADS OF DEPARTMENTS; OFFICIAL COMMUNICATIONS:

The Mayor shall head the Executive Department; the President of the City Council, the Legislative Department; the Librarian, the Library Department, and the members of the commissions or boards created by this Charter, and the principal unsubordinated officers in departments wherein there is no commission or board shall head their respective departments, but no head of department shall have or exercise any power or authority not provided for elsewhere in this Charter. Official communications between different departments, except as in this Charter otherwise provided, shall be through, or by authority of, the heads of the departments.

ARTICLE IV. Legislative Department.
Section 1. A. LEGISLATIVE POWER, WHERE VESTED:

The legislative powers of The City of Seattle shall be vested in a Mayor and City Council, who shall have such powers as are provided for by this Charter; but the power to propose for themselves any ordinance dealing with any matter within the realm of local affairs or municipal business, and to enact or reject the same at the polls, independent of the Mayor and the City Council, is also reserved by the people of The City of Seattle, and provision made for the exercise of such reserved power, and there is further reserved by and provision made for the exercise by the people of the power, at their option, to require submission to the vote of the qualified electors and thereby to approve or reject at the polls any ordinance, or any section, item or part of any ordinance dealing with any matter within the realm of local affairs or municipal business, which may have passed the City Council and Mayor, acting in the usual prescribed manner as the ordinary legislative authority.

Notes:

Cases: An ordinance referred to the people by the City Council is suspended until the election. Stetson v. Seattle, 74 Wash. 606, 134 Pac. 494 (1913). Seattle has power under Article XI, § 10 of the Washington Constitution to provide for initiative and referendum in its City Charter. Hartig v. Seattle, 53 Wash. 432, 102 Pac. 408 (1909).

ARTICLE IV. Legislative Department.
Section 1. B. INITIATIVE AND REFERENDUM; HOW EXERCISED; PETITIONS; VERIFICATION OF SIGNATURES; COMPLETION OF PETITION, CONSIDERATION IN COUNCIL:

The first power reserved by the people is the initiative.¹ It may be exercised on petition of a number of registered voters equal to not less than ten (10) percent of the total number of votes cast for the office of Mayor at the last preceding municipal election, proposing and asking for the enactment as an ordinance of a bill or measure, the full text of which shall be included in the petition. Prior to circulation for signatures, such petition shall be filed with the City Clerk in the form prescribed by ordinance, and by such officer assigned a serial number, dated, and approved or rejected as to form, and the petitioner so notified within five (5) days after such filing. Signed petitions shall be filed with the City Clerk within one hundred eighty (180) days after the date of approval of the form of such petitions. Upon such filing, the City Clerk shall convey the signed petition to the officer responsible for the verification of the sufficiency of the signatures to the petition under state law for such verification, and transmit it, together with his or her report thereon to the City Council at a regular meeting not more than twenty (20) days after the City Clerk has received verification of the sufficiency of such petition signatures from the officer responsible for verification of the sufficiency of signatures under state law, and such transmission shall be the introduction of the initiative bill or measure in the City Council. If the officer responsible for verification of the sufficiency of signatures under state law notifies the City Clerk that any petition, which, upon filing had a sufficient number of signatures, has insufficient verified signatures, the City Clerk shall notify the principal petitioners, and an additional twenty (20) days shall be allowed them in which to complete such petition to the required percentage. Consideration of such initiative petition shall take precedence over all other business before the City Council, except appropriation bills and emergency measures. (As amended at November 5, 2002 election.)

Notes:

Cases: A voter may withdraw his or her signature on a referendum petition until the comptroller makes his report verifying the sufficiency of signatures to the City Council. State ex rel. Mohr v. Seattle, 59 Wash. 68, 109 Pac. 309 (1910).

ARTICLE IV. Legislative Department.
Section 1. C. COUNCIL MAY ENACT OR REJECT BUT NOT MODIFY; COUNCIL MAY PASS SUBSTITUTE:

The City Council may enact, or reject, any initiative bill or measure, but shall not amend or modify the same. It may, however, after rejection of any initiative bill or measure, propose and pass a different one dealing with the same subject.

ARTICLE IV. Legislative Department.
Section 1. D. WHEN REJECTED MEASURE AND SUBSTITUTE SUBMITTED TO PEOPLE; GENERAL AND SPECIAL ELECTIONS:

If the City Council rejects any initiative measure, or shall during forty-five (45) days after receipt thereof have failed to take final action thereon, or shall have passed a different measure dealing with the same subject, the said rejected initiative measure and such different measure dealing with the same subject, if any has been passed, shall be taken in charge by the City Clerk and the City Council shall order the measure submitted to the qualified electors for approval or rejection at the next regularly scheduled election, irrespective of whether it is a state or municipal election or a primary or general election; but the City Council may in its discretion designate submission be at a general election rather than a primary or call an earlier special election. (As amended at the November 7, 2006 election)

ARTICLE IV. Legislative Department.
Section 1. E. WHEN A SPECIAL ELECTION REQUIRED:

If an initiative petition shall be signed by a number of qualified voters of not less than twenty (20) percent of the total number of votes cast for the office of Mayor at the last preceding municipal election, or shall at any time be strengthened in qualified signatures up to said percentage, then the City Council shall provide for a special election upon said subject, to be held within (60) days from the proof of sufficiency of the percentage of signatures.

ARTICLE IV. Legislative Department.
Section 1. F. MEASURES ADOPTED TO BECOME ORDINANCES, WHEN:

Any measure thus submitted to the vote of the people, which shall receive in its favor a majority of all the votes cast for and against the same, shall become an ordinance, and be in full force and effect from and after proclamation by the Mayor, which shall be made, and published in the City official newspaper, within five (5) days after certification of the results of the election. Provided that if such adopted ordinance contemplates any expenditure which is not included in the current budget, or which is not to be paid from an existing bond issue or which eliminates or reduces an existing revenue; such expenditure or elimination shall not be lawful until after the next succeeding budget shall take effect; Provided, further, that the above restriction shall not be operative when less than Twenty Thousand ($20,000.00) Dollars is involved. (As amended at November 7, 2006 election.)

Notes:

Cases: An initiative reducing the hours of work of City firemen could first take effect with the next budget year. State ex rel. Thorp v. Devin, 26 Wn.2d 333, 173 P.2d 994 (1946).

ARTICLE IV. Legislative Department.
Section 1. G. SUBMISSION OF SUBSTITUTE AND INITIATIVE MEASURES; IF BOTH APPROVED, THAT HAVING HIGHEST VOTE ADOPTED:

In case the City Council shall, after rejection of the initiative measure, have passed a different measure, dealing with the same subject, it shall be submitted at the same election with the initiative measure and the vote of the qualified electors also taken for and against the same, and if both such measures be approved by a majority vote, if they be conflicting in any particular, then the one receiving the highest number of affirmative votes shall thereby be adopted, and the other shall be considered rejected.

ARTICLE IV. Legislative Department.
Section 1. H. POWER OF SIMPLE REFERENDUM AS TO ORDINANCES; EXCEPTIONS; BY PETITION OR BY COUNCIL:

The second power reserved by the people is the simple referendum, and it may be exercised and ordered (except as to ordinances necessary for the immediate preservation of the public peace, health or safety, or providing for the approval of local improvement assessment rolls, or for the issuance of local improvement bonds), as to any ordinance which has passed the City Council and Mayor (acting in their usual prescribed manner as the ordinary legislative authority of the City), either upon a petition signed by a number of registered voters equal to not less than eight (8) percent of the total number of votes cast for the office of Mayor at the last preceding municipal election, or by the City Council itself without petition.

Notes:

Ordinance changing street name was an administrative act immune from referendum. Heider v. City of Seattle, 100 Wn 2d 874, 675 P2d 597 (1984). Cases: Where a grant of power is to the corporate authorities and not to the City as a corporate entity, an ordinance which does no more than fix rates charged by a municipally owned water system is not subject to the referendum provisions of the City Charter, for the effect thereof would be to limit the power conferred by statute. State ex rel. Haas v. Pomeroy, 50 Wn.2d 23, 308 P.2d 684 (1957).

ARTICLE IV. Legislative Department.
Section 1. I. EMERGENCY MEASURES, WHAT TO CONTAIN; VOTE REQUIRED TO PASS:

When an emergency exists in which it is necessary for the immediate preservation of the public peace, health or safety, that an ordinance shall become effective without delay, such emergency and necessity, and the facts creating the same, shall be stated in one section of the bill, and it shall not become an ordinance unless on its final passage by the City Council at least three-fourths (3/4) of all the members vote in its favor (the vote being taken by yeas and nays, and the names of those voting for and against being entered in the journal), and it shall have been approved by the Mayor, whereupon it shall be of full force and effect.

ARTICLE IV. Legislative Department.
Section 1. J. REFERENDUM BY PETITION; EFFECT OF; VERIFICATION OF SIGNATURES:

The referendum may be invoked by petition bearing the signatures of the required percentage of qualified voters as to any non-emergency law or ordinance or any section, item or part of any such law or ordinance, which petition shall be filed with the City Clerk before the day fixed for the taking effect of the said law or ordinance, which shall in no case be less than thirty (30) days after the final favorable action thereon by the Mayor and City Council, acting in their usual prescribed manner as the ordinary legislative authority of the City, and the filing of such referendum petition as to any such ordinance or section, item or part thereof, shall operate to suspend the taking effect of the same, or any further action thereon, except as herein provided, viz: The City Clerk shall verify the sufficiency of the signatures to the petition and transmit it, together with his or her report thereon, to the City Council, at a regular meeting not less than twenty (20) days after the filing of the petition. (As amended at November 7, 2006 election.)

Notes:

Cases: The word "file" as used in this Charter provision means delivery of the petition to the City Comptroller and its receipt by him. Seattle Voters v. Erlandson, 9 Wn.App. 409, 512 P.2d 766 (1973).

ARTICLE IV. Legislative Department.
Section 1. K. SUBMISSION AT GENERAL OR SPECIAL ELECTION:

The City Council shall thereupon provide for submitting the said ordinance or section, item or part thereof, to the vote of the qualified electors for ratification or rejection, either at the next regularly scheduled election, irrespective of whether it is a state or municipal election, or at a sooner special election, as the City Council in its discretion may provide.

Notes:

Cases: Referendum petitions must be filed by the thirtieth day, rather than on the thirtieth day. Romerein v. Erlandson, 70 Wn.2d 932, 425 P.2d 911 (1967).

ARTICLE IV. Legislative Department.
Section 1. L. NOTICE AND CONDUCT OF ELECTION:

Official publication shall be made, notices of election given, and the manner and conduct of election, the preparation of the official ballots, the counting and canvassing of the votes, and the certifying of the returns of the election, shall in the exercise of both the initiative and referendum be as provided by law for the submission of propositions to the voters.

ARTICLE IV. Legislative Department.
Section 1. M. IF ORDINANCE APPROVED, WHEN TO TAKE EFFECT:

If the ordinance thus submitted to the referendum shall receive in its favor a majority of all the votes cast for and against the same, it shall be in full force and effect from and after the proclamation by the mayor, which shall be made and published in the City official newspaper, within five (5) days after the election. Provided, however, that if the ordinance itself shall designate a subsequent date for taking effect, the proclamation shall name the said date as the time for taking effect. If the ordinance shall fail to receive the majority vote in its favor, it shall be considered as rejected and shall be of no force or effect.

ARTICLE IV. Legislative Department.
Section 1. N. AMENDMENT OR REPEAL OF INITIATED AND REFERRED ORDINANCES:

No ordinance so initiated or referred and approved shall be amended or repealed by the City Council within a period of two (2) years following such approval. (As amended at November 6, 1973 election, and at September 15, 1981 election.)

Notes:

1. Cross-reference: For further provisions regarding initiative and referendum petitions, see Title 2 of this Code. Cases: The City Council may not amend or repeal a referendum ordinance while restriction applies, but may refer the measure to the people. State ex rel. Knez v. Seattle, 176 Wash. 283, 28 P.2d 1020 and 33 P.2d 905 (1934).

ARTICLE IV. Legislative Department.
Sec. 2. CITY COUNCIL, MEMBERS:

The City Council shall consist of nine (9) members, elected from the City at large.

ARTICLE IV. Legislative Department.
Sec. 2. Subdivision A. RESERVED.

Notes:

(Subdivision A, relating to Date and Terms of Elections, deleted at November 2, 1999 election.)

ARTICLE IV. Legislative Department.
Sec. 2. Subdivision B. ELIGIBILITY:

No person shall be eligible for membership in the City Council unless he or she shall be a citizen of the United States and a qualified elector of the State of Washington and a registered voter of The City of Seattle at the time of filing his or her declaration of candidacy.

ARTICLE IV. Legislative Department.
Sec. 2. Subdivision C. POWERS - LIMITATIONS - RECALL:

All the powers of the City Council shall be exercised subject to initiative and referendum powers of the people as set forth herein. The members of the City Council shall be subject to recall in the manner provided by law. (As amended at November 4, 1969 election.)

ARTICLE IV. Legislative Department.
Sec. 3. QUORUM:

Subsection A. IN GENERAL:

(1) A quorum shall consist of a majority of all nine Councilmembers, except as set forth in Subsection B of this Section 3.

(2) Less than a quorum of Councilmembers may adjourn from day to day, or until the next regular meeting, and may compel the attendance of absent members in such a manner and under such penalties as the Council shall prescribe.

Subsection B. SPECIAL CIRCUMSTANCES: Under any of the following circumstances, a quorum shall be determined under this Subsection B:

(1) Except when Subsection B(2) applies, in order to select a person to fill a vacancy on the City Council under Article XIX of this Charter, a quorum shall consist of a majority of those Councilmembers holding office at the time the Council makes the selection, and for such purpose a majority of such members holding office at the time the Council makes the selection shall constitute a majority of the Council.

(2) During a declared emergency under Article V, Section 2 of this Charter, a quorum shall for all purposes consist of a majority of all those Councilmembers who are available to participate in Council meetings and are capable of performing the duties of office, and a majority of such members available to participate in Council meetings and capable of performing the duties of office shall constitute a majority of the Council. (As amended at November 7, 2006 election.)

ARTICLE IV. Legislative Department.
Sec. 4. POWERS AND DUTIES OF COUNCIL:

The City Council shall- First. ELECTION OF PRESIDENT: Biennially, and also whenever a vacancy occurs, choose from its members its President, who shall perform the usual functions of a presiding officer, and who may be removed by the affirmative vote of not less than two-thirds of all the members. Second. RULES: Establish rules for its proceedings. Third. JOURNAL; VOTE: Keep a public journal of its proceedings, and take yeas and nays on any question on demand of any two members and enter the same in the journal. Fourth. PUNISHMENT AND EXPULSION OF MEMBERS: Have authority to punish its members and others for disorderly or otherwise contemptuous behavior in its presence, and to expel for such behavior in its presence any member by the affirmative vote of not less than two-thirds of its members, specifying in the order of expulsion the cause thereof. Fifth. COMMITTEES: Have authority to create and use committees of its members to facilitate its legislative functions; Provided, that no committee of the Council and no members shall have or exercise executive or administrative power, except as otherwise expressly provided in this Charter.

Sixth. ATTENDANCE OF WITNESSES AND PRODUCTION OF PAPERS: Have authority to compel attendance of witnesses as well as production of papers and things pertinent to business before it or any of its committees.

Notes:

Cases: The City Council may authorize a conditional use and a variance sitting in its administrative or quasi-judicial capacity by resolution rather than by ordinance. State ex rel. Morrison v. Seattle, 6 Wn.App 181, 492 P.2d 1078 (1971).

ARTICLE IV. Legislative Department.
Sec. 5. FINANCE COMMITTEE, POWERS AND DUTIES:

The City Council shall have a Finance Committee of not less than three members. Such Committee may investigate the transactions and accounts of all officers having the collection, custody and disbursement of public money, or having the power to approve, allow or audit demands on the treasury; it shall have free access to any records, books and papers in all public officess and may administer oaths or affirmations, and examine witnesses and compel attendance by subpoena. Said Committee shall keep a record of its proceedings, with the names of the witnesses examined, and a substantial statement of the evidence taken. If from any examination made by said Committee it shall appear that a misdemeanor in office or a defalcation has been committed by any officer, said Committee shall immediately report to the Mayor, who, if he or she approve such report, shall forthwith suspend such officer, and take the proper steps under this Charter to remove him or her or to cause his or her removal. Any police officer shall execute the process and orders of said Committee.

ARTICLE IV. Legislative Department.
Sec. 6. REGULAR MEETINGS:

Regular meeting dates shall be set by the Council by rule. All sessions shall be public and the Council shall not meet in any other place than its regular place of meeting except when permitted by state law in the event of an emergency or disaster.

SPECIAL MEETINGS: The Mayor, the President of the City Council, or any three Council-members, may call a special meeting of the Council. (As amended at November 7, 2006 election.)

Notes:

Cases: This section was cited as a procedural safeguard in the decision-making process in upholding the delegation of authority to the City by RCW 35.92.050 to set water rates. Earle M. Jorgensen Co. v. Seattle, 99 Wn.2d 861, 665 P.2d 1328 (1983).

ARTICLE IV. Legislative Department.
Sec. 7. LEGISLATIVE ACTS BY ORDINANCE; SUBJECT MATTER; TITLE; ENACTING CLAUSE;

Every legislative act of said City shall be by ordinance. Every ordinance shall be clearly entitled and shall contain but one subject, which shall be clearly expressed in its title. The enacting clause of every ordinance shall be: "Be it ordained by The City of Seattle as follows:"

Notes:

Cases: The creation of a department of the Municipal Court could not be accomplished simply by appropriating funds therefor in the city's annual budgets. In Re Eng, 113 Wn.2d 178, 776 P.2d 1336 (1989). A motion of the City Council passed as a legislative act was an unlawful exercise of legislative authority. Puget Sound Alumni of Kappa Sigma v. Seattle, 70 Wn.2d 222, 422 P.2d 799 (1967). An ordinance to connect the Lake Washington Ship Canal and Fort Lawton contains a single subject although it condemns streets in five detached tracts of land. In Re South Shilshole Place, 61 Wash. 246, 112 Pac. 228 (1910). An ordinance condemning property for streets and parkways contains a single subject. Seattle v. Sylvester-Cowan Investment Co., 55 Wash. 659, 104 Pac. 1121 (1909). An ordinance may provide for licensing and regulating a variety of trades and businesses as one object under the broad title of licensing and regulating certain trades. Seattle v. Barto, 31 Wash. 141, 112 Pac. 228 (1903).

ARTICLE IV. Legislative Department.
Sec. 8. MAJORITY VOTE TO PASS ORDINANCE; RECORD:

No bill shall become an ordinance unless on its final passage at least a majority of all members vote in its favor, and the vote be taken by yeas and nays, and entered in the journal. FINAL PASSAGE: No ordinance, other than for payment of salaries or current expenses, shall be passed on its final reading at the meeting at which it is introduced.

Notes:

Cases: An ordinance introduced by title without text and passed at the next meeting with text violates this section and is void. Tennent v. Seattle, 83 Wash. 108, 145 Pac. 83 (1914).

ARTICLE IV. Legislative Department.
Sec. 9. ORDINANCES, HOW AMENDED:

No ordinance shall be re-enacted or amended by reference to its title; but the ordinance or codification thereof being re-enacted or the section or subsection of the ordinance or codification thereof being amended shall be set forth in full in the new ordinance. (As amended at November 2, 1999 election.)

ARTICLE IV. Legislative Department.
Sec. 10. MOTION TO RECONSIDER:

When a bill is put upon its final passage and fails to pass, and a motion is made to reconsider, the vote upon such a motion shall not be acted on before the next meeting of the Council. BILLS GRANTING FRANCHISE: No bill granting a franchise shall be finally passed within thirty (30) days after its introduction, nor until it has been published in the official newspaper of the City at the expense of the applicant for ten consecutive press days.

Notes:

Cases: Specific provision for publication of franchise ordinances takes precedence over publication requirements for ordinances generally. Wood v. Seattle, 23 Wash. 1, 62 Pac. 735 (1900).

ARTICLE IV. Legislative Department.
Sec. 11. BILLS, HOW SIGNED:

Every bill, after it has passed, shall be signed by the President of the Council in open session, in authentication of its passage. In signing, the President shall call attention to the bill and that he or she is about to sign it, and, if any member so request, the bill shall be read at length for information as to its correctness as enrolled. If any member object that the bill is not the same as when considered and passed, such objection shall be passed upon, and if sustained the President shall withhold his or her signature and the bill shall be corrected and signed before the Council proceeds to any other business.

ARTICLE IV. Legislative Department.
Section 12. BILLS TO BE PRESENTED TO MAYOR:

Every bill which shall have passed shall within five days thereafter be presented to the Mayor. RETURN OF BILLS; VETO: The Mayor shall return such bill to the Council within ten (10) days after receiving it. If he or she signs the bill or returns it unsigned but without disapproval or if the time for returning the bill shall have elapsed without its return, that shall be deemed a favorable action by the Mayor and it shall become an ordinance. If the Mayor disapproves the bill, he or she shall, when so returning it, specify his or her objections thereto in writing. The objections of the Mayor shall be entered at large on the journal of the Council, and published in the City official newspaper. RECONSIDERATION OF VETOED BILLS: The Council shall, not less than five days after such publication, and within thirty days after such bill shall have been so returned, reconsider and vote upon the same, and if the same shall, upon such reconsideration, be again passed by the affirmative vote of not less than two-thirds of all the members, the President of the Council shall certify the fact on the bill, and when so certified the bill shall become an ordinance with like effect as if it had not been disapproved by the Mayor; but if the bill so returned shall fail to receive upon the first vote thereon an affirmative vote of two-thirds of all the members it shall be deemed finally lost. The vote on such reconsideration shall be taken by yeas and nays, and the names of the members voting for or against the same shall be entered in the journal thereof. (As amended at November 2, 1999 election.)

ARTICLE IV. Legislative Department.
Section 13. A. RECORD AND PUBLICATION OF ORDINANCES AND RESOLUTIONS:

All ordinances and resolutions shall be deposited with the City Clerk, who shall record the same. Notice of all ordinances of a general, public or permanent nature, and those imposing a fine, penalty or forfeiture, shall be published in accordance with state law within three days after the same shall have become a law; Provided, that the publication of notice of all ordinances granting any franchise or private privilege or approving or vacating any plat shall be at the expense of the applicant therefor.

B. The City Clerk shall maintain a compilation of all ordinances enacted each year, such compilation to be accessible to the public at no cost. (As amended at November 7, 2006 election.)

Notes:

Cases: A local improvement district ordinance is not of a "general, permanent or public nature" so that it has to be published in the City's official newspaper. Lansinger v. Local Improvement District, 80 Wn.2d 254, 493 P.2d 1008 (1972). Publication of ordinances within three days is directory; publication within six days is substantial compliance. State ex rel. Peabody v. Superior Court, 77 Wash. 593, 138 P. 277 (1914). A daily newspaper of four pages containing general advertisements with special prominence to legal news with a circulation of between 750 and 1,000 subscribers in Seattle qualifies as a newspaper for publication of City printing. Puget Sound Publishing Co. v. The Times Printing Co., 33 Wash. 551, 74 Pac. 802 (1903). A newspaper with a subscription list of 360, a circulation of 1,000 and rarely seen in professional or business offices does not qualify. Times Printing Co. v. Star Publishing Co., 51 Wash. 667, 99 Pac. 1040 (1909).

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE:

The City Council shall have power by ordinance and not otherwise -

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE. First. ELECTIONS; APPOINTMENT AND ELECTION OF OFFICERS; OFFICER DEFINED

To provide for general and special elections, for questions to be voted upon, and to provide for the appointment and election of officers. Any person who, by the provisions of this Charter or any amendment thereto, may be appointed or elected to any office or employment created in pursuance thereof, shall be deemed an officer within the meaning of this section.

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE. Second. ASSESSMENT, LEVY AND COLLECTION OF TAXES

To provide for the assessment, levy and collecting taxes on real and personal property for the corporate uses and purposes of the City, and to provide for the payment of the debts and expenses of the corporation.

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Third. CONTROL OF FINANCES AND PROPERTY

To control the finances and property of the City; Provided, that the City Council shall have no administrative as distinguished from the legislative power.

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Fourth. ACQUISITION AND DISPOSAL OF PROPERTY

To acquire by purchase or by exercise of the right of eminent domain or otherwise and for the use and in the name of the City, such lands and other property within or without the corporate limits as may be deemed necessary, proper or convenient for any corporate use, and to acquire for the use of the City any property by gift, bequest or devise, and to dispose of all such property as it shall have, as the interests of the City may from time to time require.

Notes:

Cases: The City has the power to condemn a street railway system within Seattle although portions of the system lie outside. State v. ex rel. Peabody v. Superior Court, 77 Wash. 593, 138 Pac. 277 (1914).

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Fifth. BORROWING MONEY AND ISSUING BONDS; FUNDING BONDS

To borrow money for corporate purposes on the credit of the City and to authorize the issue of bonds in the manner prescribed by law, and to authorize the issue of bonds to meet maturing bonds or other indebtedness or for funding the same.

Notes:

Cases: The City Council may by ordinance refer to the electorate the proposition of amending an earlier ordinance authorizing a bond issue; an affirmative vote by a simple majority of voters authorizes the amendment. Davis v. Seattle, 56 Wn.2d 785, 355 P.2d 354 (1960). The City may issue bonds for construction of a bridge although it has not yet acquired the right-of-way. Tennent v. Seattle, 83 Wash. 108, 145 Pac. 83 (1914). The City may authorize a bond issue for municipal purposes, but, under the State Constitution may not aggregate distinct subjects such as fire stations, a police substation, a hospital, or a bridge as a single proposition. Blaine v. Seattle, 62 Wash. 445, 114 Pac. 164 (1911). Under an earlier Charter with the same language, the City had authority to issue bonds in order to redeem outstanding warrants. Baker v. Seattle, 2 Wash. 576, 27 Pac. 462 (1891).

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Sixth. ESTABLISH, IMPROVE, CONTROL AND VACATE STREETS AND PUBLIC PLACES; CERTAIN STREETS AND LANDS TO PASS TO OR VEST IN PORT OF SEATTLE

To lay out and improve streets and other public places, and to regulate and control the use thereof, to authorize or prohibit the location of any railroad or public transportation system or the use of electricity, at, in or upon any of said streets or for other purposes, and to prescribe the terms and conditions upon which the same may be so used, and to regulate the use thereof; to vacate streets and to extend, establish or widen any street, over or across or along the harbor, shore or tide lands in the City; Provided, that whenever there shall have been adopted by the voters a comprehensive plan of harbor or port improvement, the control of streets and the title to any lands belonging to the City within the limits of such proposed improvement shall be vested in the Port of Seattle, after said Port has commenced the improvement and has so certified to the City Council.

Notes:

Cases: The City may regulate the operation of jitney buses on City streets. Schoenfeld v. Seattle, 265 Fed. 726 (D. Wa. 1920). This provision is not self-executing: the Port of Seattle will first acquire control of streets after the comprehensive plan has been adopted. Tennant v. Seattle, 83 Wash. 108, 117, 145 Pac. 83 (1914). The City may construct elevated roadways. Knickerbocker Co. v. Seattle, 69 Wash. 336, 124 Pac. 922 (1912). The extension of City streets over tidelands and construction of a wharf in an area designated as "city slip" was upheld. Chlopeck Fish Co. v. Seattle, 64 Wash. 315, 117 Pac. 232 (1911). Under the earlier Charter, the City had authority to extend its streets over the tidelands and to grant a railroad franchise therein. Seattle v. Columbia & Puget Sound Railroad Co., Etc., 6 Wash. 379, 33 Pac. 1048 (1893). After exercising its right at the time of the state's platting, the City is precluded from extending its remaining streets across the intervening tidelands, except by condemnation and payment. State ex rel. Land Co. v. Bridges, 19 Wash. 428, 53 Pac. 547 (1898).

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Seventh. CHANGE OF GRADES; DAMAGES

To change the grade of any street or alley within its corporate limits and to provide for the payment of damages.

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Eighth. LOCAL IMPROVEMENTS

To provide for making local improvements and to levy and collect special assessments on property benefited.

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Ninth. BRIDGES, VIADUCTS AND TUNNELS

To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Tenth. STONE QUARRIES, ASPHALT PLANTS

To acquire, open and operate stone quarries, either within or without the City limits, and to erect asphalt plants for the preparation, manufacture and sale of all such stone or asphalt products or compositions or other materials for use in street construction or maintenance, and to fix the price at which such materials shall be sold.

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Eleventh. PUBLIC UTILITIES

To construct, purchase, condemn or otherwise acquire, maintain and operate works, plants and facilities within or without the City for the following purposes: water supply for domestic and all other uses; production of gas and electricity for light, heat, power and all other uses public and private; public transportation system; telephone service, local and long distance; ferries, docks and terminal facilities; and to control the use thereof, and fix the price of the services and products thereof.

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Twelfth. HOSPITALS AND SANITARIUMS

To erect and establish hospitals, sanitariums, sanitoriums and isolation hospitals and to control and regulate the same.

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Thirteenth. POLICE POWER

To make all such local, police, sanitary and other regulations as are not in conflict with the laws of the state.

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Fourteenth. OFFICERS AND EMPLOYEES

To ordain, establish, modify and abrogate from time to time, as the needs of the City shall require, all proper offices and bureaus, subordinate and auxiliary to the departments and heads thereof constituted by this Charter, and to provide for the conduct and government thereof, and the duties and compensation of officers and employees to fill the same, except as in this Charter otherwise provided.

Notes:

Cases: The City Council may by ordinance abolish positions in the interest of economy, combining the duties of several positions; judicial inquiry is limited to determining the good faith of the City Council. State ex rel. Voris v. Seattle, 74 Wash. 199, 133 Pac. 11 (1913).

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Fifteenth. AMENDMENT AND REPEAL OF ORDINANCES

To alter, amend or repeal any ordinance or ordinances or parts thereof, except as herein otherwise provided.

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Sixteenth. EXECUTION OF VESTED POWERS

To make all rules and regulations necessary or proper to carry into execution all powers vested by this Charter, or by law, in the City or in any department or officer thereof, except as in this Charter otherwise provided.

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Seventeenth. HARBOR AND WATERFRONT

To control and regulate the use of the harbor and waterfront.

Notes:

Cases: Under the earlier article, the City had authority to manage and control the harbor and the waterfront and appoint a port warden therefor. Kitsap County Transportation Co. v. Seattle, 75 Wash. 673, 135 Pac. 476 (1913).

ARTICLE IV. Legislative Department.
Section 14. POWERS BY ORDINANCE: Eighteenth. CEMETERIES

The establishment or platting of new cemeteries or the extension of existing cemeteries within the limits of The City of Seattle is hereby prohibited.

Notes:

Cases: Street vacation fees must be set by ordinance rather than by resolution. Puget Sound Alumni of Kappa Sigma, Inc., v. Seattle, 70 Wn.2d 222, 422 P.2d 799 (1967). Under this provision authorizing the City Council "by ordinance and not otherwise" to provide for the assessing, levying and collection of taxes, a tax levy cannot be authorized by resolution, and is subject to the veto power of the Mayor. New Seattle Chamber of Commerce v. Seattle, 88 Wn.620, 153 P.351 (1915).

ARTICLE IV. Legislative Department.
Section 15. GENERAL LEGISLATIVE POWERS

The City shall, in addition to the powers enumerated in this Charter, have all other powers now or hereafter granted to or exercised by municipal corporations of like character and degree, and also all powers now or hereafter granted to incorporated towns and cities, by the laws of this state, and may exercise the same by ordinance and not otherwise.

Notes:

Cases: Seattle may by ordinance require the filing of a claim and a sixty-day waiting period before filing a lawsuit. Daggs v. Seattle 110 Wn.2d 49, 750 P.2d 626 (1988). Seattle may revoke business license of an attorney for failure to file return and remit business and occupation tax. Seattle v. Campbell, 27 Wn.App. 37, 611 P.2d 1347 (1980). Seattle may establish by ordinance a zoning code in which the Council reserves to itself the power to review departmental actions administratively. State ex rel. Morrison v. Seattle, 6 Wn.App. 181, 492 P.2d 1078 (1971).

ARTICLE IV. Legislative Department.
Section 16. FRANCHISES

Every grant of a franchise, right or privilege shall be subject to the right of the City Council, or the people of the City acting for themselves by the initiative and referendum, at any time, subsequent to the grant, to repeal, amend or modify the said grant with due regard to the rights of the grantee and the interest of the public; and to cancel, forfeit and abrogate any such grant if the franchise granted thereby is not operated in full accordance with its provisions, or at all; and at any time during the grant to acquire, by purchase or condemnation, for the use of the City itself, all the property of the grantee within the limits of the public streets, at a fair and just value, which shall not include any valuation of the franchise itself, which shall thereon terminate; and every ordinance making such grant shall contain a reservation of these rights of the City Council, and of the people of the City acting for themselves by the initiative and referendum, to so repeal, amend or modify said ordinance, and to so cancel, forfeit and abrogate the grant, and to so acquire the property of the grantee in the public streets, as herein above set forth. The City Council shall not consider or grant any application for extension of the period of any franchise, nor any new franchise covering all or any substantial part of the rights or privileges of any existing franchise, until within three years of the expiration of the existing grant, and then only after submission to and approval by a majority vote of the qualified electors. MINORITY OF COUNCIL MAY INVOKE REFERENDUM VOTE: Not less than one-third of all the members of the Council may invoke a referendum vote on a franchise ordinance without a petition.

Notes:

Cases: The provisions for a referendum and for valuation of property without taking into account the franchise violate state law with respect to street railways and therefore may validly be excluded from an ordinance granting a franchise for a street railway. Dolan v. Puget Sound T.L.& P. Co., 72 Wash. 343, 130 Pac. 353 (1913). Accord: Ewing v. Seattle, 55 Wash. 229, 104 Pac. 229 (1909); Benton v. Seattle Electric Co., 50 Wash. 156, 96 Pac. 1033 (1908). The City may accept the surrender of a franchise. Wood v. Seattle, 23 Wash. 1, 62 Pac. 135 (1900).

ARTICLE IV. Legislative Department.
Section 17. WHARF FRANCHISES, HOW GRANTED; CONDITIONS

The City Council shall not grant any franchise for any wharf except in the manner following: In addition to the requirements under the general laws, every ordinance granting franchises must receive the vote of at least two-thirds of all the members, and shall provide that work shall commence within six months and be prosecuted continuously and shall be completed within one year thereafter. Said time shall not be extended for any cause, and unless so completed the franchise shall be forfeited.

ARTICLE IV. Legislative Department.
Section 18. EXCLUSIVE FRANCHISES PROHIBITED

No exclusive franchise or privilege shall be granted for the use of any street or other place or any part thereof.

ARTICLE IV. Legislative Department.
Section 19. APPROPRIATIONS FOR CERTAIN PURPOSES PROHIBITED

The City Council shall make no appropriation in aid of any corporation, person or society, unless expressly authorized by this Charter or the laws of the state.

ARTICLE IV. Legislative Department.
Section 20. TEMPORARY LOANS

The City Council, after the taxes have been levied in any year, shall have power to make temporary loans in anticipation of the collection of such taxes, such loans to be applied to the purposes for which such taxes have been levied and to no other purpose, and such taxes shall be applied to pay such loans.

ARTICLE IV. Legislative Department.
Section 21. ORDINANCES CREATING DEBT

No debt or obligation of any kind against the City shall be created by the City Council except by ordinance specifying the amount and object of such expenditure.

ARTICLE IV. Legislative Department.
Section 22. RESERVED.

Notes:

(Section 22, relating to Annual Estimate of Expenses and Revenues, deleted at November 2, 1999 election.) Statutory References: For provisions regarding budgets in cities over 300,000, see RCW Chapter 35.32A.

ARTICLE IV. Legislative Department.
Section 23. INVALID CLAIMS

Neither the City Council nor any officer, board, department or authority shall allow, make valid or in any manner recognize any demand against the City which was not at the time of its creation a valid claim against the same, nor shall they or any of them ever allow or authorize to be paid any demand which, without such action would be invalid, or which shall then be barred by any statutes of limitation, or for which the City was never liable, and any such action shall be void.

ARTICLE IV. Legislative Department.
Section 24. CLAIMS FOR DAMAGES

All claims for damages against the City must be filed with the City Clerk within the applicable statute of limitations. All claims for damages must accurately locate and describe the act, omission or defect that caused the injury or damage, specify the date and location of the claimed loss, describe the basis upon which liability is being asserted against the City, including any known witnesses, accurately describe the injury or damage, give residence for six months last past of the claimant, contain the items of damages claimed, and be sworn to by the claimant or an authorized representative. No lawsuit shall be commenced against the City in which monetary damages are being claimed until a written claim for damages has been presented to and filed with the City Clerk. A lawsuit based upon the allegations of a claim for damages may not be commenced within sixty (60) days of the filing of such claim. No ordinance shall be passed allowing any such claim or any part thereof, or appropriating money or other property to pay or satisfy the same or any part thereof, until such claim has first been referred to the proper department, nor until such department has made its report to the City Council thereon, pursuant to such reference, provided that, the City Council may by general ordinance provide a different procedure for the presentation and payment of any claim in any amount as may be prescribed from time to time by ordinance passed by a two-thirds majority of all members of the City Council. Notwithstanding any provision of this Charter inconsistent with this section, particularly Article IV, Sec. 1, H. and J. which are hereby superseded to the extent inconsistent herewith, any ordinance which may be required to allow a claim or appropriate money or other property to pay or satisfy the same or any part thereof shall become effective upon approval by the Mayor. (As amended at November 6, 1973 election, and at November 6, 1990 election, and at November 2, 1999 election.)

Notes:

Statutory Reference: For provisions regarding claims against cities, see RCW Chapter 35.31. Cases: Former Charter provisions requiring claims for damages against the City to be filed within 120 days after accrual of the claim held unconstitutional. Hall v. Neimer, 97 Wn.2d 302, 649 P.2d 98 (1982). Accord: Gates v. Rosen, 29 Wn. App. 936, 631 P.2d 993 (1981). A claim that fails to give the residence of the claimant for the six months prior to the time her claim accrued is incomplete. Brigham v. Seattle, 34 Wn.2d 786, 210 P.2d 144 (1949). Cf. Maggs v. Seattle, 86 Wash. 427, 150 Pac. 612 (1915). The sixty-day waiting period between filing a claim and starting a lawsuit is valid. Young v. Seattle, 30 Wn.2d 357, 191 P.2d 273 (1948). A claim should accurately describe the location of the defect that caused the injury. Johnson v. Seattle, 9 Wn.2d 231, 114 P.2d 972 (1941). City Council consideration and rejection of a claim that was not properly filed is not a waiver of the requirement for filing a claim. Lindblom v. Seattle, 86 Wash. 305, 150 Pac. 422 (1915). No claim for damages is required for damages caused by regrading of a street that constitutes a taking under Washington Constitution. Kincaid v. Seattle, 74 Wash. 617, 134 Pac. 504 and 135 Pac. 820 (1913); Accord: Provident Trust Co. v. Spokane, 75 Wash. 217, 219, 134 Pac. 927 (1913). A claim must be filed before suing for damages based on breach of contract. International Contract Co. v. Seattle, 74 Wash. 662, 134 Pac. 502 (1913).

ARTICLE IV. Legislative Department.
Section 25. ORDINANCE, PENALTIES

Every ordinance prohibiting or requiring any act or omission shall impose a penalty.

ARTICLE IV. Legislative Department.
Section 26. ORDINANCES, CONTINUED IN FORCE

All ordinances in force in the City at the date of the adoption of this Charter, and not inconsistent therewith, shall remain in force until repealed or until they expire by limitation. 1. Editor's Note: The Charter was adopted at the March 12, 1946 general election.

ARTICLE V. Executive Department
Section 1. QUALIFICATIONS OF MAYOR:

The chief executive officer of the City shall be a Mayor. He or she shall be a citizen of the United States and a qualified elector of the State of Washington and a registered voter of The City of Seattle at the time of filing his or her declaration of candidacy. (As amended at November 4, 1969 election.)

ARTICLE V. Executive Department
Sec. 2. POWER AND DUTIES OF MAYOR:

The Mayor shall see that the laws of the City are enforced, and shall direct and control all subordinate officers of the City, except in so far as such enforcement, direction and control is by this Charter reposed in some other officer or board, and shall maintain peace and order in the City. He or she may, in any emergency, of which the Mayor shall be the judge, assume command of the whole or any part of the police force of the City; but before assuming such control he or she shall issue his or her proclamation to that effect, and it shall be the duty of the Chief of Police to execute orders promulgated by the Mayor during such emergency. The Mayor shall perform such other duties and exercise such other authority as may be prescribed by law.

ARTICLE V. Executive Department
Sec. 3. APPOINTIVE OFFICERS:

The appointment or removal of officers requiring confirmation by the City Council shall be effective only upon the affirmative vote of a majority of the membership of the City Council. In the absence of any express provision in this Charter as to the manner of appointing any officer, the Mayor shall appoint such officer subject to such confirmation.

Notes:

Cases: The City Engineer was removed from office upon the confirmation of the Mayor's recommendation for removal; notice of a motion to reconsider the confirmation did not delay his or her removal. State ex rel. Gill v. Byrne, 31 Wash. 213, 71 Pac. 746 (1903).

ARTICLE V. Executive Department
Sec. 4. APPOINTMENT AND CONFIRMATION; COUNCIL TO ELECT IF MAYOR FAILS TO NOMINATE

If the City Council shall refuse to confirm any nomination of the Mayor, then the Mayor shall within ninety days thereafter nominate another person to fill the office, and he or she may continue to nominate until confirmation. If the Mayor fails to make another such nomination within ninety days, then the City Council shall elect a suitable person to fill the office during the term. (As amended at September 18, 1979 election.)

ARTICLE V. Executive Department
Sec. 5. VACANCIES BY REMOVAL

Whenever the Mayor shall remove an appointive officer, the vacancy for the unexpired term shall be filled by appointment in the same manner as if at the beginning of the term, except as otherwise provided in this Charter.

ARTICLE V. Executive Department
Sec. 6. ANNUAL MESSAGES; SPECIAL MESSAGES:

A. It shall be the duty of the Mayor annually at the third regular meeting of the City Council in February, to communicate by message to the Council a statement of the conditions and affairs of the City, and to recommend the adoption of such measures as he or she may deem expedient and proper; and

B. It shall be the duty of the Mayor annually at a regular City Council meeting, at the time he or she presents his or her proposed budget, to communicate by message to the Council his or her recommendation for the adoption of such budget; and

C. The Mayor shall, further, have the right to make special communication to the City Council from time to time as he or she may deem useful and proper.

(As amended at November 6, 2007 election.)

ARTICLE V. Executive Department
Sec. 7. MAYOR TO ENFORCE CONTRACTS; OFFICERS TO REPORT VIOLATIONS

The Mayor shall see that all contracts and agreements made with the City or for its use and benefit are faithfully kept and performed and to this end he or she shall cause any legal or equitable proceedings to be instituted and prosecuted. And it is the duty of every officer of the City having knowledge that any contract with the City has been violated by the other contracting party, forthwith to report the fact to the Mayor.

ARTICLE V. Executive Department
Sec. 8. MAYOR TO APPROVE BONDS; WHERE FILED

The Mayor shall, unless in this Charter otherwise provided, take and approve all official undertakings or bonds required of any officer, employee, or agent of the City as security for the faithful performance of his or her duty; and the Mayor shall also, except as otherwise provided in this Charter, take and approve any such bond or undertaking as may be required of any contractor for the faithful performance of his or her contract; and when the Mayor approves any bond or undertaking he or she shall immediately file the same with the City Clerk. (As amended at November 2, 1999 election.)

ARTICLE V. Executive Department
Sec. 9. ABSENCE OR INCAPACITY OF MAYOR

In case of the absence of the Mayor from the City, or if he or she from any cause be incapacitated from acting, the President, or in case of his or her disability or absence, the acting president of the City Council shall act as Mayor, and for the time being exercise all his or her powers.

ARTICLE V. Executive Department
Sec. 10. REMOVAL OF MAYOR

The Mayor may be removed from office after a hearing, for any willful violation of duty, or for the commission of an offense involving moral turpitude, upon written notice from the City Council at least five days before the hearing. He or she shall have the right to be present, to the aid of counsel, to offer evidence and to be heard in his or her own behalf. Upon the affirmative vote of two-thirds of all the members of the City Council, acting as a court of impeachment, the office shall become vacant. (As adopted at November 8, 1977 election.)

Notes:

Note: Section 11 of Article V of the Charter of The City of Seattle providing for the appointment and prescribing the duties of the City Personnel Director is repealed as of the effective date of an ordinance establishing a personnel system as required by Article XVI of the Charter as amended.1

ARTICLE V. Executive Department
Sec. 12. RESERVED.

Notes:

(Section 12, relating to City Planner, deleted at November 2, 1999 election.)

ARTICLE VI. Department of Police
Section 1. ORGANIZATION OF POLICE DEPARTMENT

The Police Department shall consist of a Chief of Police and as many subordinate officers and employees as may by ordinance be prescribed. There shall be maintained adequate police protection in each district of the City.

ARTICLE VI. Department of Police
Sec. 2. CHIEF OF POLICE; QUALIFICATIONS, APPOINTMENT, REMOVAL; TO APPOINT SUBORDINATE OFFICERS

The Chief of Police shall be appointed by the Mayor, subject to confirmation by a majority vote of all members of the City Council. He or she shall be selected by the Mayor from among the three highest ranking candidates in a competitive examination to be conducted under the direction of the Mayor. The Mayor may remove the Chief of Police upon filing a statement of his or her reasons for so doing with the City Council. A Chief of Police appointed from the classified civil service may take leave of absence from his or her classified position until completion of his or her tenure as Chief of Police. All subordinate police officers shall be appointed by the Chief of Police under civil service rules and regulations.

ARTICLE VI. Department of Police
Sec. 3. COMPETITIVE EXAMINATION

The competitive examinations shall adequately test the qualifications of all candidates for Chief of Police, and all records of such examinations shall be filed with the City Council by the Mayor together with his or her appointment of the Chief of Police. Such records shall be open to public inspection for at least seven days prior to the City Council taking action on said appointment.

ARTICLE VI. Department of Police
Sec. 4. CHIEF TO MANAGE POLICE DEPARTMENT

The Chief of Police shall manage the Police Department, and shall prescribe rules and regulations, consistent with law, for its government and control; provided, that the Chief of Police shall be responsible to the Mayor for the administration of the Police Department and the enforcement of law.

Notes:

Cases: This Charter article was cited as establishing the Chief of Police as a policymaker in a lawsuit involving police conduct under 42 U.S.C. § 1983. Baldwin v. Seattle, 55 Wn.App. 241, 776 P.2d 1377 (1989). A single incident did not show a policy. Baldwin v. Seattle, 55 Wn.App. 241, 776 P.2d 1377 (1989). This section was cited in Punton v. Seattle Public Safety Commission, 32 Wn.App. 959, 650 P.2d 1138 (1982) as authority for the Police Department to promulgate a manual of rules and procedures. Seattle police officer was denied due process of law when he or she was dismissed without a pretermination hearing. Punton v. City of Seattle Public Safety Commission, 32 Wn.App. 959, 650 P.2d 1138 (1982).

ARTICLE VI. Department of Police
Sec. 5. First. PROCESS DIRECTED TO CHIEF OF POLICE; CHIEF TO MAINTAIN PEACE

The Chief of Police shall be the chief peace officer of the City, and all process issued by the Police Judge of the City, shall be directed to him or her for service, and may be served and returned by the Chief of Police or any peace officer. The Chief of Police shall maintain the peace and quiet of the City. He or she shall have like powers and responsibilities as the Sheriff of King County in similar cases, and shall perform such other duties as may be imposed by ordinance. Second. POWERS OF POLICE OFFICERS IN MAKING ARRESTS; POLICE RECORDS: The Chief of Police or any police officer may make arrests for any crime or violation of the laws of the state or any ordinance of the City committed within the City. The Chief of Police shall keep a correct record of all arrests, showing the time and cause of complaint upon which each arrest was made, with a list and description of all property and money taken from each person. Third. CHIEF RESPONSIBLE FOR PROPERTY TAKEN: The Chief of Police shall be responsible for all property and money taken from any person, and shall be liable therefor on his or her official bond, and any person may recover for loss of any such property or money in an action brought for that purpose. Fourth. DUTIES OF POLICE OFFICERS: The duties of the subordinate police officers shall be as provided by ordinance or by rules established by the Chief, in addition to the duties hereinbefore prescribed. Fifth. POLICE OFFICERS NOT TO ENGAGE IN OTHER CALLING, BECOME BAIL OR RECEIVE PAY WHILE ABSENT: No member of the police force shall engage in any other profession or calling, furnish bail or bond for any person charged with any offense whatever, or recommend to persons charged with crime the employment of any particular attorney. No member of the police force shall be allowed pay for any period during which he or she may have been absent from duty, except as otherwise provided in this Charter. (As amended at November 6, 1973 election.)

ARTICLE VI. Department of Police
Sec. 6. POLICE OFFICERS; NO COMPENSATION EXCEPT SALARY

No member of the police force shall receive any fees or any compensation whatever, directly or indirectly, from the City, county or state, for any services rendered or act done, while a member of such police force, other than salary, except witness fees in the superior court.

ARTICLE VII. Contracting Requirements
Section 1. CONTRACTING DUTIES

The responsibility for the award of all contracts for public works, services, supplies, materials or equipment shall be assigned to such department or departments as prescribed by ordinance. (As amended at November 8, 1977 election, and November 5, 1991 election.)

ARTICLE VII. Contracting Requirements
Sec. 2. CONTRACTING REQUIREMENTS

In letting any City contracts, the following shall be required: a. All contracts for public works, supplies, materials or equipment involving more than such amount as may be specified by ordinance shall be made on written contract. All such contracts shall be awarded to the lowest and best bidder, after public advertisement as may be prescribed by ordinance. b. Anyone employed pursuant to a contract for public work awarded by the City shall be paid at not less than the prevailing rate of pay for City employees performing like duties. (As amended at November 8, 1977 election, and November 5, 1991 election.)

ARTICLE VII. Contracting Requirements
Sec. 3. CITY OFFICIAL NEWSPAPER

The "City Official Newspaper," which shall publish all official proceedings required by law to be published, shall be designated annually after a call for bids from the daily newspapers of general circulation published in the City at least six (6) days per week. (As amended at November 8, 1977 election, November 5, 1991 election, and November 2, 1999 election.)

ARTICLE VIII Financial and Clerical
Section 1. DEPARTMENT OF FINANCE

There shall be a Department of Finance to exercise general supervision over the financial affairs of the City, with such powers and duties as may be prescribed by ordinance. The Director of Finance shall be appointed by the Mayor, subject to confirmation by a majority of the City Council, shall be subject to reappointment and reconfirmation every four years, and may be removed by the Mayor upon filing a statement of his or her reasons therefor with the City Council. (As amended at November 8, 1977 election, November 5, 1991 election, and November 7, 2006 election.)

ARTICLE VIII Financial and Clerical
Sec. 2. CITY AUDITOR