H-4006

AN ACT Relating to metropolitan park districts; and adding a new section to chapter 35.61 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 35.61 RCW to read as follows:

(1) Pursuant to subsection (2) of this section, the board of park commissioner shall appoint a chief executive officer known as the "executive director" to head the administration of the district. The executive director shall be responsible to the board for the proper administration of all affairs of the district.

(2) The executive director shall be chosen by an affirmative vote of no fewer than three of the board of park commissioners on the basis of such person's executive and administrative qualifications and experience in, or knowledge of, park and recreation development and operations. The executive director must be a resident of the district, unless the board waives such requirement. Members of the board of park commissioners shall not be eligible for appointment as executive director until one year has elapsed following such membership on the board.

(3) The executive director or the designee thereof shall attend regular, special, and executive session meetings of the board and take part in the discussion of any matters pertaining to the district, but shall have no vote.

(4) The executive director shall:

(a) Execute the policies and resolutions of the board;

(b) Oversee enforcement of laws pertaining to matters within the functions of the district;

(d) Prepare and submit to the board such reports as may be required by that body or deemed advisable to submit;

(e) Keep the board fully advised as to the financial condition and needs of the district;

(f) Prepare an annual estimate for the ensuing fiscal year of the probable expenses and revenues of the district;

(g) Recommend to the board proposed land acquisition and development work, and what extensions and additions, if any, should be made thereto during the year, and with an estimate of the costs of development work, extensions, and additions;

(h) Pursuant to approved budgets or other resolutions, pay all bills, allowances, and payrolls, including claims due contractors of public works;

(i) Recommend to the board salary ranges of the employees of the district, and a scale of salaries to be paid for the different classes of service required by the district; and hire and discharge district employees subject to adopted personnel regulations; and

(j) Perform such other duties as the board may determine by resolution.

(5) Neither the board nor any of its members or its advisory committees shall direct the executive director or any subordinates thereof to appoint or dismiss any of the district's personnel. Except for the purpose of inquiry, the board and its members shall deal with the district's personnel solely through the executive director. Neither the board nor any committee or members thereof in their capacities as members shall give orders to or direct the activities of any of the district's personnel, either publicly or privately. However, nothing in this subsection shall be construed to prohibit the board, while in open session or executive session, from discussing with the executive director anything pertaining to personnel and district affairs or from discussing with district employees anything pertaining to the substance of any such employee's duties.

(6) The executive director may by contract be appointed for an indefinite term and may nevertheless, with or without cause, be removed by an affirmative vote of no fewer than three members of the board of park commissioners.

(a) At least thirty days before the effective date of removal, the executive director must be furnished with a formal statement in the form of a resolution adopted by an affirmative vote of no fewer than three members of the board stating the board's intention to remove the executive director and the reasons therefor.

(b) Upon adoption of the resolution stating the board's intention to remove the executive director, the board by resolution may suspend the executive director with pay until the removal becomes effective or until an existing contractual obligation is met.

(c) Within thirty days from the date of receipt of service of a copy of the resolution stating the board's intention to remove the executive director, the executive director may reply in writing.

(d) If no reply is timely filed with the board's clerk, the removal shall be effective upon the thirty-first day from the date of such service.

(e) If a reply shall be timely filed, the board shall fix a time for a public hearing upon the question of the director's removal. By the affirmative vote of no fewer than three members, the board may then adopt, within thirty days following the public hearing, a final resolution removing the executive director. The action of the board in removing the executive director after the public hearing shall be final.