S-3960               _______________________________________________

                                                   SENATE BILL NO. 4761

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senator Conner

Read first time 1/22/86 and referred to Committee on Governmental Operations.

AN ACT Relating to terms of officials in noncharter code cities; and amending RCW 35A.12.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 35A.12.040, chapter 119, Laws of 1967 ex. sess. as last amended by section 21, chapter 18, Laws of 1979 ex. sess and RCW 35A.12.040 are each amended to read as follows:

          Officers shall be elected at biennial municipal elections to be conducted as provided in chapter 35A.29 RCW.  The mayor and the councilmen shall be elected for four-year terms and until their successors are elected and qualified; except that at any first election three councilmen in cities having seven councilmen, and two councilmen in cities having five councilmen, shall be elected for two-year terms and the remaining councilmen shall be elected for four-year terms.  At any first election upon reorganization, council members shall be elected as provided in RCW 35A.02.050.  Thereafter the requisite number of councilmen shall be elected biennially as the terms of their predecessors expire and shall serve for terms of four years.

The number of consecutive terms that the major and city councilmen may serve is unlimited.  However, the city council may by ordinance place a limit on the number of consecutive terms that a council member may serve, as long as the ordinance does not disqualify a person currently serving on the city council from completing the terms of office that he or she was elected to serve as of the effective date of the ordinance.

          The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes, as provided in RCW 35A.29.105.  ((In any city which holds its first election under this title in the calendar year 1970, candidates elected for two year terms shall hold office until their successors are elected and qualified at the general municipal election to be held in November, 1973 and candidates elected for four year terms shall hold office until their successors are elected and qualified at the general municipal election to be held in November, 1975.))  Election to positions on the council shall be by majority vote from the city at large, unless provision is made by charter or ordinance for election by wards.  The city council shall be the judge of the qualifications of its members and determine contested elections of city officers, subject to review by certiorari as provided by law.  The mayor and councilmen shall qualify by taking an oath or affirmation of office and as may be provided by law, charter, or ordinance.