Drafter
Clerk 09/18/2003
Title
AN ORDINANCE proposing to amend Articles 2, 3, 5 and 6 of the King County Charter to create an elected county auditor responsible for elections and other functions; amending Section 250 of the King County Charter, Section 340.10 of the King County Charter, Section 550 of the King County Charter, and Section 680.10 of the King County Charter; adding a new section 350.20.50 to the King County Charter; adding a new Section 642 to the King County Charter and submitting the same to the voters of the county for their ratification or rejection at the November 2004 general election.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. There shall be submitted to the qualified voters of King County for their approval or rejection at the November 2, 2004, general election a measure amending the King County Charter by amending Section 250 of Article 2, Section 310 or Article Three, Section 340.10 of Article 3, Section 350.20 of Article 3, Section 550 of Article 5, Section 640 of Article 6 and Section 680.10 of Article 6, and amending Article 3 by adding a new Section 350.20.50, to read as follows:
Section 250. Legislative Auditor.
The legislative auditor shall be appointed by a majority of the county council and shall be responsible to the council for conducting, or causing to be conducted, independent post audits of county agencies for the purpose of reporting to the council regarding the integrity of the function of the financial management system, the quality and efficiency of agency management, and the effectiveness of programs. In carrying out this purpose, the legislative auditor shall perform the following audits within guidelines established by the county council by ordinance: financial and compliance audits to supplement those performed by the state pursuant to general law, economy, and efficiency audits, and program result audits. In addition, the legislative auditor shall perform such special studies as may be requested by the council. The legislative auditor shall report the results of each agency audit to the county council. Annual audits shall continue to be performed by the state in accordance with general law.
The organization and administration of the legislative auditor's office shall be sufficiently independent to assure no interference or influence external to the organization shall adversely affect an independent and objective judgment by the legislative auditor and the legislative auditor shall be provided a discrete budget and staff allocation.
310. Composition and Powers.
The executive branch shall be composed of the county executive, the county administrative officer, the county assessor, the county auditor, the officers and employees of administrative offices and executive departments established by this charter or created by the county council and the members of the boards and commissions except the board of appeals and the personnel board. The executive branch shall have all executive powers of the county under this charter.
340.10. Appointments by the County Executive.
The county executive shall appoint the county administrative officer and the chief officer of each executive department except the county assessor and county auditor and shall appoint the members of all boards and commissions except as otherwise provided in this charter.
350.20. Executive Departments.
The executive departments shall consist of the department of assessments, the department of judicial administration, the department of the auditor and those agencies of the executive branch ((which)) that are primarily engaged in the execution and enforcement of ordinances and statutes concerning the public peace, health and safety and ((which)) that furnish or provide governmental services directly to or for the residents of the county.
350.20.50. Department of the Auditor.
The department of the auditor shall be administered by the county auditor who shall: supervise all primaries and elections, general or special, within the county under Title 29 RCW; manage the recording, processing, filing, storing, retrieval and certification of copies of deeds and other written instruments which by law are required to be recorded and filed in the county; issue licenses and collect licensing revenues specified by law; enforce state and county animal control laws; and perform such other functions as may be prescribed by ordinance. The county auditor shall be elected by the voters of the county, and his or her term of office shall be four years. The department of the auditor hall be subject to the personnel system and shall utilize the services of the administrative offices and the executive departments, but shall not be abolished by the county council.
Section 550. Career Service Positions.
All county employees and officers shall be members of the career service except those in the following positions: all elected officers; the county auditor, the legislative auditor, the clerk and all other employees of the county council; the county administrative officer; the chief officer of each executive department and administrative office; the members of all boards and commissions; administrative assistants for the county executive and one administrative assistant each for the county administrative officer, the county auditor, the legislative auditor, the county assessor, the chief officer of each executive department and administrative office and ((for)) each board and commission; a chief deputy for the county assessor; one confidential secretary each for the county executive, the chief officer of each executive department and administrative office, and ((for)) each administrative assistant specified herein; all employees of those officers who are exempted from the provisions of this charter by the state constitution; persons employed in a professional or scientific capacity to conduct a special inquiry, investigation or examination; part-time and temporary employees; administrative interns; election precinct officials; all persons serving the county without compensation; physicians; surgeons; dentists; medical interns; and student nurses and inmates employed by county hospitals, tuberculosis sanitariums and health departments of the county.
Part-time Employees. All part-time employees shall be exempted from career service membership except, effective January 1, 1989, all part-time employees employed at least half-time or more, as defined by ordinance, shall be members of the career service.
Section 640. County Executive, Auditor and Assessor.
The nomination and election of the county executive, county auditor and county assessor shall be held every four years as a county general election at the same time as the general election for cities in the county commencing with the election of 1971 for the county assessor, with the election of 1973 for the county executive and with the general election of 2004 for the county auditor.
Section 680.10. Designation, Appointment and Election to Fill Vacancy.
Immediately upon commencing their terms of office, the county executive, assessor, county auditor and sheriff shall each designate one or more employees who serve as a deputy or assistant in such office to serve as an interim official in the event of a vacancy in the elective office of the county executive, assessor, county auditor or sheriff, respectively.
Except for a designation made by the metropolitan county council, a designation of an interim official shall only be effective if the county executive, assessor, county auditor and sheriff, each for his or her elective office, complies with the following procedure((;)): commits the designation to writing; identifies the order of precedence if more than one county officer or employee is designated; signs the written designation; has the written designation notarized; files the written designation with the county office responsible for records and elections; and((,)) provides a copy of the written designation to the chair of the metropolitan county council. The county executive, assessor county auditor and sheriff may, at any time, amend such designation by complying with the same procedure established for making the designation.
In the event the county executive, assessor, county auditor or sheriff neglects or fails to make such a designation within seven calendar days of commencing his or her term of office, the metropolitan county council may by ordinance designate one or more employees who serve as a deputy or assistant in such office to serve as an interim official in the event of a vacancy in the elective office of the county executive, assessor, county auditor or sheriff, respectively. A designation made by the metropolitan county council shall be effective upon adoption of the ordinance therefor and may be amended by ordinance((; provided that)), though a designation by the county executive, assessor, county auditor or sheriff ((which)) that occurs subsequent to the adoption of an ordinance shall take precedence over the designation by ordinance.
The designated county officer or employee shall immediately upon the occurrence of a vacancy serve as the interim official and shall exercise all the powers and duties of the office granted by this charter and general law until an acting official is appointed as provided in this section.
The metropolitan county council shall, after being appraised of a vacancy in the elective office of county executive, assessor, county auditor or sheriff, fill the vacancy by the appointment of an employee who served as a deputy or assistant in such office at the time the vacancy occurred as an acting official to perform all necessary duties to continue normal office operations. The acting official shall serve until the vacancy is filled by appointment pursuant to Article II, section 15, of the Washington State Constitution for partisan county elective offices or pursuant to general law for nonpartisan county elective offices, as applicable.
A vacancy in an elective county office shall be filled at the next primary and general elections ((which)) that occur in the county((; provided that)), though an election to fill the vacancy shall not be held if the successor to the vacated office will be elected at the next general election as provided in Sections 640 and 645 of the charter. The term of office of an officer who has been elected to fill a vacancy shall only be for the unexpired portion of the term of the officer whose office has become vacant and shall commence as soon as he or she is elected and qualified.
A majority of the county council may temporarily fill a vacancy by appointment
until the vacancy has been filled by election or the successor to the office has been elected and qualified.