| Passed by the House January 28, 2008 Yeas 93 ________________________________________ Speaker of the House of Representatives Passed by the Senate March 6, 2008 Yeas 49 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1391 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/18/2007. Referred to Committee on Local Government.
AN ACT Relating to filling vacancies in the office of mayor; and amending RCW 35.23.101, 35.23.191, 35.27.140, and 35A.12.050.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 35.23.101 and 1995 c 134 s 9 are each amended to read
as follows:
(1) The council of a second class city may declare a council
position vacant if the councilmember is absent for three consecutive
regular meetings without permission of the council. ((In addition,))
(2) A vacancy in an elective office shall occur and shall be filled
as provided in chapter 42.12 RCW. An incumbent councilmember is
eligible to be appointed to fill a vacancy in the office of mayor.
Vacancies in offices other than that of mayor or city councilmember
shall be filled by appointment of the mayor.
(3) If there is a temporary vacancy in an appointive office due to
illness, absence from the city or other temporary inability to act, the
mayor may appoint a temporary appointee to exercise the duties of the
office until the temporary disability of the incumbent is removed.
Sec. 2 RCW 35.23.191 and 1994 c 81 s 41 are each amended to read
as follows:
The members of the city council, at their first meeting each
calendar year and thereafter whenever a vacancy occurs in the office of
mayor pro tempore, shall elect from among their number a mayor pro
tempore, who shall hold office at the pleasure of the council and in
case of the absence of the mayor, perform the duties of mayor except
that he or she shall not have the power to appoint or remove any
officer or to veto any ordinance. ((If a vacancy occurs in the office
of mayor, the city council at their next regular meeting shall elect
from among their number a mayor, who shall serve until a mayor is
elected and certified at the next municipal election.))
The mayor and the mayor pro tempore shall have power to administer
oaths and affirmations, take affidavits and certify them. The mayor or
the mayor pro tempore when acting as mayor, shall sign all conveyances
made by the city and all instruments which require the seal of the
city.
Sec. 3 RCW 35.27.140 and 1994 c 223 s 22 are each amended to read
as follows:
(1) The council of a town may declare a council position vacant if
that councilmember is absent from the town for three consecutive
council meetings without the permission of the council. ((In
addition,))
(2) A vacancy in an elective office shall occur and shall be filled
as provided in chapter 42.12 RCW. An incumbent councilmember is
eligible to be appointed to fill a vacancy in the office of mayor.
(3) A vacancy in any other office shall be filled by appointment by
the mayor.
Sec. 4 RCW 35A.12.050 and 1994 c 223 s 32 are each amended to
read as follows:
The office of a mayor or councilmember shall become vacant if the
person who is elected or appointed to that position fails to qualify as
provided by law, fails to enter upon the duties of that office at the
time fixed by law without a justifiable reason, or as provided in RCW
35A.12.060 or 42.12.010. A vacancy in the office of mayor or in the
council shall be filled as provided in chapter 42.12 RCW. An incumbent
councilmember is eligible to be appointed to fill a vacancy in the
office of mayor.