205 W 5th Ave Ellensburg, WA 98926-2887
Monday - Friday 8 AM - 5 PM
Kittitas (pronounced 'KITT-i-tass') County is located in central Washington State. It spans from the lush forested Cascade Mountains to the upper Yakima River Valley plains and the Columbia River.
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Title 2 | Administration and Personnel
Chapters 2.04 Board of County Commissioners 2.08 Justice Court Districting 2.09 Delivery of Public Defense Services 2.10 Board of Health 2.11 Hearing Examiner 2.12 County Planning Commission 2.14 County Housing Authority 2.16 Repealed 2.17 Number of Members of the Civil Service Commission for the Sheriff's Office 2.20 County Office Hours 2.22 Repealed 2.24 County Officials - Traveling Expenses 2.26 Repealed 2.28 Repealed 2.32 Repealed 2.36 Repealed 2.40 Repealed 2.41 Repealed 2.42 Repealed 2.44 County Personnel Policy 2.48 Department of Emergency Management 2.50 Department of Public Works 2.52 Mutual Aid in Emergency Management 2.55 Public Records Disclosure 2.56 Public Records - Duplication And Filing Fees 2.60 Repealed 2.64 Repealed 2.68 Department of Building Inspector and Fire Marshal 2.72 Handling of Claims Against the County 2.73 Defense and Indemnification of County Officers, Employees, and Volunteers 2.76 Repealed 2.77 Smoking Policy 2.78 Repealed 2.80 Repealed 2.81 Management of County Real and Personal Property 2.82 Open and Transparent Collective Bargaining
Chapter 2.04* BOARD OF COUNTY COMMISSIONERS
Sections 2.04.010 Official meeting time. 2.04.015 Recording and notes of meetings. 2.04.020 Repealed.
* For the statutory provisions regarding quarterly sessions of boards of county commissioners, see RCW 36.32.080; for provisions regarding special sessions, see RCW 36.32.090.
2.04.010 Official meeting time. The first and third Tuesday at 10:00 a.m. of each and every month of the year is designated as the regular and special meeting date of the Board of County Commissioners, to be held at the Kittitas County Courthouse located at 205 West 5th, Room 109, Ellensburg, Washington, at which time all of the normal business of the County will be transacted; provided that if Tuesday falls on a holiday, such regular meetings shall be held on the next business day. Should another time be required for any business, prior notice will be given for such special meeting in accordance with the law.
Section 2 - Regular Study Sessions
Every Monday 9:00 a.m. Commissioners Office Administration Meetings CR Every Monday 9:40 a.m. Appointed/Elected Department Heads CR 1st and 3rd Monday 10:30 a.m. Agenda Study Session AUD 4th Monday 11:00 a.m. Information Technology Department CR 2nd and 4th Tuesday 10:00 a.m. Human Resources Department CR 2nd Tuesday 2:00 p.m. Solid Waste/Maintenance CR 2nd and 4th Monday 1:30 p.m. Public Works/Community Development Services AUD 1st Wednesday 8:00 a.m. Law & Justice AUD 3rd Thursday 1:30 p.m. Finance Officer CR 2nd Wednesday 10:00 a.m. Event Center CR 4th Wednesday 10:00 a.m. Public Health CR 2nd Monday 11:00 a.m. Airport Study Session AUD Key CR = Commissioner's Conference Room - Room 108, Kittitas County Courthouse AUD = Commissioner's Auditorium - Room 109, Kittitas County Courthouse
Section 3 - Effective Date
This ordinance shall take effect November 4, 2009.
(Ord. 2020-007, 2020; Ord. 2019-005, 2019; Ord. 2016-014, 2016; Ord. 2014-011, 2014; Ord. 2013-002, 2013; Ord. 2009-23, 2009; Ord. 2007-35, 2007; Ord. 2005-26, 2005; Ord. 2004-31, 2004; Ord. 99-12, 1999; Ord. 99-03, 1999; Res. 81-2, 1981; Vol. L, pp. 3, 4, 1953).
2.04.015 Recording and notes of meetings. Audio tape recording and/or shorthand notes of the proceedings of the board of Kittitas County commissioners shall be retained for a period of six years when the recordings of meetings involve issues, decisions and actions that could cause legal action to be taken against the county, and the audio tape recordings and/or shorthand notes of the recordings of meetings involving routine matters be retained until the approval of written minutes. (Ord. 99-03, 1999; Res. 83-20, 1983).
2.04.020 Shoreline management permit procedure. Repealed by Ord. 2017-001. (Ord. 2017-001, 2017; Ord. 99-03, 1999; Res. 81-44, 1981; Res. 79-15, 1979; Res. 75-91, 1975; Ord 72-30, 1972)
Chapter 2.08 JUSTICE COURT DISTRICTING*
Sections 2.08.010 Upper - Lower justice court districts designated. 2.08.020 One justice elected per district. 2.08.030 Central office - Court room - Records locations. 2.08.040 Court seat location restriction. 2.08.050 Court commissioner. 2.08.060 Justice court districting plan adoption.
* For the statutory provisions regarding justice court districts and the duties of the justice court districting committee, see RCW 3.38.010 - 3.38.060; for provisions regarding adoption of the justice court districting plan, see RCW 3.38.030.
2.08.010 Upper - Lower justice court districts designated. Kittitas County shall be divided into two district court districts, one of which shall comprise the following voting precincts:
Hyak, Easton, Mountain, Ronald, all Roslyn precincts, Roslyn Outlying, all Cle Elum precincts, Kachess, South Cle Elum, Peoh Point, Swauk, Teanaway, and Westside
and shall be named the Upper Kittitas County District Court. The other district court district shall comprise the remaining voting precincts:
Damman, Dry Creek, East Sanders, Thorp, Manastash, Ridgeway, North Central, North Ellensburg, South Ellensburg, Denmark, all Ellensburg precincts, Fairview, Northeast Fairview, Park, Vantage, all Kittitas precincts, Sanders, and Thrall
and shall be named the Lower Kittitas County District Court. (Ord. 2011-014, 2011; Ord. 2005-21, 2005; Ord. 99-03, 1999; Vol. N, p. 252A (1), 1966).
2.08.020 One justice elected per district. There shall be elected in each justice court district one justice. (Ord. 99-03, 1999; Vol. N, p. 252A (2), 1966).
2.08.030 Central office - Court room - Records locations. The location of the central office, court room, and records of the Lower Kittitas County Justice Court shall be in the Kittitas County Courthouse at Ellensburg; the location of the central office, court room, and records of the Upper Kittitas County Justice Court shall be at the Cle Elum City Hall, or such other place in the city of Cle Elum as the board of county commissioners may hereafter designate. (Ord. 99-03, 1999; Vol. N, p. 252A (3), 1966).
2.08.040 Court seat location restriction. The court shall not sit in any other place than designated in KCC 2.08.030. (Ord. 99-03, 1999; Vol. N, p. 252B (4), 1966).
2.08.050 Court commissioner. There shall be one court commissioner in the Lower Kittitas County Justice Court, and there shall be one court commissioner in the Upper Kittitas County Justice Court. (Ord. 99- 03, 1999; Ord. 96-2, 1996; Vol. N, p. 252B (5), 1966).
2.08.060 Justice court districting plan adoption. The report of the Kittitas County Justice Court districting committee is adopted as the Kittitas County Justice Court districting plan. (Ord. 99-03, 1999; Res. 66-22, Vol. N, p. 284, 1966).
Chapter 2.09 DELIVERY OF PUBLIC DEFENSE SERVICES
Sections 2.09.010 Standards of representation. 2.09.020 Selection of attorneys. 2.09.030 Duties and responsibilities of counsel. 2.09.040 Case load limits and types of cases. 2.09.050 Costs of investigative and expert or other services. 2.09.060 Reports of attorney activity and vouchers. 2.09.070 Training. 2.09.080 Substitution of attorneys or assignment of contracts. 2.09.090 Minimum qualifications of attorneys. 2.09.100 Representation in specific classes of cases. 2.09.110 Disposition of client complaints. 2.09.120 Cause for removal of attorney. 2.09.130 Non-discrimination. 2.09.140 Effective date and expiration date. 2.09.150 Severability.
2.09.010 Standards of representation. Kittitas County hereby adopts standards for the delivery of public defender services consistent with RCW 10.101.030 and the Washington Defender Association Standards for Public Defense Services. Kittitas County is rural in nature, has two sitting Superior Court judges, a full time district court judge serving the Lower Kittitas County District Court and a part-time district court judge serving the Upper Kittitas County District Court; and appoints attorneys from a list of qualified, interested, and dedicated attorneys for cases in Superior Court and Upper Kittitas County District Court and contracts with attorneys in Lower Kittitas County District Court. Therefore, the standards set forth in this rule have been tailored to the assigned counsel model for delivery of public defender services. (Ord. 2008-12, 2008)
2.09.020 Selection of attorneys. Attorneys appointed for indigent defense shall be selected solely by the court. (Ord. 2008-12, 2008)
2.09.030 Duties and responsibilities of counsel. Defense services shall be provided to all clients in a professional, skilled manner consistent with minimum standards set forth by the American Bar Association, applicable state bar association standards, the Rules of Professional Conduct, case law and court rules defining the duties of counsel and the rights of defendants in criminal cases. Counsel's primary and most fundamental responsibility is to promote and protect the best interests of the client. (Ord. 2008-12, 2008)
2.09.040 Case load limits and types of cases. The caseload of court appointed attorneys should allow each lawyer to give each client the time and effort necessary to ensure effective representation. Assigned counsel should not accept a workload that, by reason of its excessive size, interferes with the rendering of quality representation. (Ord. 2008-12, 2008)
2.09.050 Costs of investigative and expert or other services. Reasonable compensation for investigative, expert, or other services necessary for preparation and presentation of the defense case shall be provided upon motion pursuant to CrR 3.1(f) or CrRLJ 3.1(f). Fees for investigative, expert, or other services should be maintained and allocated from funds separate from those provided for defender services. The defense should be free to retain said services of its choosing. (Ord. 2008-12, 2008)
2.09.060 Reports of attorney activity and vouchers. The court appointed attorney shall maintain a case-reporting and management information system which includes number and type of cases, attorney hours and disposition for each case served at public expense. An annual report shall be filed with the presiding judges of the respective courts summarizing the number and type of cases, the attorney hours spent on each case, and dispositions thereof. Such system shall be maintained independently from client files so as to disclose no privileged information. A standardized voucher form provided by the court shall be used by court appointed attorneys seeking payment upon completion of a case. Each attorney shall provide annually to the Presiding Superior Court Judge a certification documenting their compliance with the requirements set forth in Section 2.09.090. (Ord. 2008-12, 2008)
2.09.070 Training. Attorneys providing public defense services should participate in regular training programs on criminal defense law, including a minimum of seven hours of continuing legal education annually in areas relating to their public defense practice. Attorneys in dependency practices should attend training programs in these areas. Every attorney providing counsel to indigent accused should have the opportunity to attend courses that foster trial advocacy skills and to review professional publications and tapes. (Ord. 2008-12, 2008)
2.09.080 Substitution of attorneys or assignment of contracts. The court appointed attorney should not sub-contract with another firm or attorney to provide representation, except referrals authorized by contract in order to (a) comply with caseload limitations, or (b) resolve conflicts. To the extent that the court appointed attorney does refer cases to maintain caseload limitations or for any other reason authorized by contract, the referral shall be only to an attorney who the court has determined qualifies to serve as court appointed counsel under these standards for public defense services. (Ord. 2008-12, 2008)
2.09.090 Minimum qualifications of attorneys. In order to assure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, court appointed attorneys shall meet the following minimum professional qualifications: a) satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and b) complete seven hours of continuing legal education approved by the Washington State Bar Association Continuing Legal Education Department in the field of criminal law or trial advocacy within each calendar year. (Ord. 2008-12, 2008)
2.09.100 Representation in specific classes of cases. In order to serve in each of the following classes of cases, court appointed attorneys should first meet certain requirements:
2.09.110 Disposition of client complaints. Client complaints should first be directed to the public defender who provided or is providing representation. If the client feels that he or she has not received an adequate response, the public defender shall forward the complaint and any response by the public defender to the judicial officer presiding over the case. The judicial officer shall review the complaint and take any action deemed appropriate by the judicial officer, including re-assigning the case to another public defender. The attorney and the reviewing judicial officer shall reply to the complaint within one week of receipt of the complaint or as soon as practicable thereafter. (Ord. 2008-12, 2008)
2.09.120 Cause for removal of attorney. Termination of an attorney's assignment should only be for cause. Good cause shall include the failure of the attorney to render adequate representation to clients; the willful disregard of the rights and best interests of the client; and the willful disregard of the standards herein addressed. The representation in an individual case establishes an inviolable attorney-client relationship. Removal of counsel from representation therefore normally should not occur over the objection of the attorney and the client. (Ord. 2008-12, 2008)
2.09.130 Non-discrimination. Neither the court, in its selection of an attorney to provide public defense representation, nor the attorneys selected, in their hiring practices or in their representation of clients, shall discriminate on the grounds of race, color, religion, national origin, age, marital status, sex, sexual orientation or handicap. Both the court and the attorney shall comply with all federal, state, and local non-discrimination requirements. (Ord. 2008-12, 2008)
2.09.140 Effective date and expiration date. This ordinance shall take effect immediately and shall not expire until formally amended or repealed by legislative action. (Ord. 2008-12, 2008)
2.09.150 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 2008-12, 2008)
Chapter 2.10 BOARD OF HEALTH*
Sections 2.10.010 Responsibilities. 2.10.020 Members. 2.10.030 Terms. 2.10.040 Appointment. 2.10.050 Vacancies. 2.10.060 Organization. 2.10.070 Meetings. 2.10.080 Rules and record. 2.10.090 Compensation or reimbursement.
* Prior legislation: Res. 76-44, Res. 79-6, Res. 84-2, Ords. 97-03 and 99-03.
2.10.010 Responsibilities. The board of health shall preside as the governing body for the Kittitas County health department. Responsibilities include policy framework, budget, contracts, and long-range planning. The board of health shall work in collaboration with the county health officer, public health department management, and community members to ensure that the core public health functions, as set forth in the public health improvement plan, are implemented and maintained.
The health department budget is to be discussed with the board of health prior to presentation to the board of county commissioners. The board of health then sends the budget on to the board of county commissioners for consideration in the context of the entire county budget. Similarly, budget amendments go first to the board of health, then to the board of county commissioners. Capital facilities will generally be handled by the board of county commissioners; this includes buildings, computers, copiers, fax machines, furniture, etc. If the administrator determines that an issue or expenditure could impact the level of service or the policy direction of the health department, he/she may bring that issue before the board of health for discussion in that forum. The hiring, termination and performance evaluations of the administrator are the responsibility of the board of health, and will be consistent with county human resource policy. Kittitas County human resources will handle personnel issues and establish salary ranges with input from the administrator and the board of health, with the final decisions resting with the board of county commissioners. (Ord. 2000-08; Ord. 2000-02).
2.10.020 Members. The board of health shall be composed of a minimum of three and a maximum of five members. The three elected members of the board of county commissioners shall be members of the board of health. Appointed members of the board of health should include health care professionals and residents of Kittitas County with knowledge and interest beneficial to the operation of the board of health. At no time may persons other than elected officials constitute a majority of the board of health. (Ord. 2000-08; Ord. 2000-02).
2.10.030 Terms. Of the members initially appointed, an equal number shall be appointed for two years and for three years. Thereafter, appointed individuals shall serve for three-year terms. The term of office for all appointees shall commence on the first day of January in the year in which the term is to commence. (Ord. 2000-08; Ord. 2000-02).
2.10.040 Appointment. The chairperson of the board of county commissioners shall appoint members to the board of health with the approval of the majority of the board of county commissioners. The board of county commissioners shall seek applications from residents of Kittitas County. Notice of impending expiration of appointed board of health member's terms shall be the responsibility of the secretary to the board of health and should occur in October before the January that the term expires. At that time, an advertisement soliciting persons wishing to be appointed will be run for two weeks. Applications will be reviewed and someone will be appointed or reappointed at a December board of county commissioners meeting to serve on the board of health for a three-year term. (Ord. 2000-08; Ord. 2000-02).
2.10.050 Vacancies. Vacancies on the board of health shall be filled by appointment by the chairperson of the board of county commissioners in the same manner as initial appointments are made. Appointments shall be made for the unexpired portion of the term of the position filled. (Ord. 2000-08; Ord. 2000-02).
2.10.060 Organization. The chair of the board of county commissioners shall act as the chair of the board of health. A vice-chair will be elected at the first board of health meeting each January. The board of health shall appoint a secretary who need not be a member of the board. (Ord. 2000-08; Ord. 2000-02).
2.10.070 Meetings. The board of health shall hold no fewer than one regular meeting in each month of the year; provided, that if no issues over which the board has jurisdiction are pending upon its calendar a meeting may be cancelled. (Ord. 2000- 08; Ord. 2000-02).
2.10.080 Rules and record. The board of health shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings and decisions. (Ord. 2000-08; Ord. 2000-02).
2.10.090 Compensation or reimbursement. Appointed members of the board of health shall not receive compensation for their service. Appointed members may receive reimbursement for approved expenses related to the completion of their responsibilities. (Ord. 2000-08; Ord. 2000-02).
Chapter 2.11 HEARING EXAMINER
Sections 2.11.010 Adoption of system. 2.11.020 Purpose. 2.11.030 Reserved. 2.11.040 Appointment of examiners. 2.11.050 Term of office. 2.11.060 Qualifications. 2.11.070 Duties. 2.11.080 Freedom from improper influence. 2.11.090 Disqualification. 2.11.100 Removal of examiner. 2.11.110 Duties of chief examiner. 2.11.120 Rules.
2.11.010 Adoption of system. Kittitas County hereby adopts a land use hearing examiner system. (Ord. 2007-37, 2007)
2.11.020 Purpose. The land use hearing examiner system is intended to provide an expeditious adjudicatory process in the land use arena which affords procedural due process and fundamental fairness. (Ord. 2007-37, 2007)
2.11.030 Reserved. Reserved. (Ord. 2007-37, 2007)
2.11.040 Appointment of examiner(s). The County, through its Board of County Commissioners, shall appoint a chief hearing examiner and such other deputy examiners or pro tempore examiners as are necessary to perform the duties assigned. Such appointments shall be upon mutually acceptable terms. (Ord. 2007-37, 2007)
2.11.050 Term of office. The chief examiner and every deputy examiner shall be appointed for an initial term of one year. Thereafter, upon reappointment, the term of office shall be for four years. Pro tempore examiners shall serve as specified in each appointment. (Ord. 2007-37, 2007)
2.11.060 Qualifications. An examiner shall be appointed based solely upon his or her qualifications and shall have such previous training and experience as will qualify the examiner to fairly conduct administrative and quasi-judicial hearings upon land use matters consistent with the job description and qualifications identified for this position. (Ord. 2007-37, 2007)
2.11.070 Duties. Examiners shall perform those duties designated by ordinance or statute. Initially this shall include quasi-judicial matters now heard by the Planning Commission. (Ord. 2007-37, 2007)
2.11.080 Freedom from improper influence. No person, including county officials and employees, shall attempt to influence an examiner upon any matter pending or likely to be brought before such examiner except at a public hearing at which the matter is to be considered; provided, if requested by an examiner, the prosecuting attorney may provide advice on questions of law. (Ord. 2007-37, 2007)
2.11.090 Disqualification. An examiner shall not hear and shall disqualify himself or herself in a proceeding in which his or her impartiality could reasonably be questioned. In applying the foregoing standard an examiner shall adhere to the guidelines contained in Canon 3c of the Code of Judicial Conduct.
In the event of a disqualification the disqualified examiner shall transfer the proceeding to another examiner or, if there is no other qualified examiner, to the Kittitas County Planning Commission. (Ord. 2007-37, 2007)
2.11.100 Removal of examiner. An examiner may be removed from office for good cause by the Board of County Commissioners. (Ord. 2007-37, 2007)
2.11.110 Duties of chief examiner. The chief hearing examiner shall have the following additional duties:
2.11.120 Rules. Reserved. (Ord. 2007-37, 2007)
Chapter 2.12 COUNTY PLANNING COMMISSION*
Sections 2.12.010 Established. 2.12.020 Repealed.
* For the statutory provisions regarding planning commissions, see RCW 35.36; for provisions regarding the County Planning Enabling Act, see RCW 36.70.
2.12.010 Established. The Kittitas County planning commission is established. (Ord. 99-03, 1999; Vol. L, p. 600, 1958).
2.12.020 Access road route establishment assistance. Repealed by Ord. 99-03. (Vol. M, p. 1, 1958).
Chapter 2.14 COUNTY HOUSING AUTHORITY*
Sections 2.14.010 Need established - Name.
* For the statutory provisions regarding the Housing Authorities Law generally, see RCW 35.82; for provisions regarding the Housing Cooperation Law generally, see RCW 35.83; for provisions regarding the procedure for creation of Housing Authorities, see RCW 35.82.030.
2.14.010 Need established - Name. Kittitas County finds the following:
Chapter 2.16 MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, SUBSTANCE ABUSE BOARD
(Repealed by Ord. 2016-025, 2016)
Chapter 2.17 NUMBER OF MEMBERS OF THE CIVIL SERVICE COMMISSION FOR THE SHERIFF'S OFFICE
Sections 2.17.01 Purpose. 2.17.02 Duties. 2.17.03 Term. 2.17.04 Quorum. 2.17.05 Political ties. 2.17.06 Residency. 2.17.07 Severability.
2.17.01 Purpose. The purpose of this section is to increase the established Civil Service Commission for the Sheriff's Office from three to five members. (Ord. 2009-18; 2009)
2.17.02 Duties. RCW 41.14 governs the Civil Service Commission's procedures and responsibilities, including but not limited to duties, policies, appeals, and disciplinary actions. (Ord. 2009-18; 2009)
2.17.03 Term. All members of the Civil Service Commission for the Sheriff's Office will have a six year term. (Ord. 2009-18; 2009)
2.17.04 Quorum. Three commissioners constitute a quorum and the votes of three commissioners concurring are sufficient for the decision of all matters and the transaction of all business decided or transacted by the commission. (Ord. 2009-18; 2009)
2.17.05 Political ties. No more than three commissioners may be adherents of the same political party. (Ord. 2009-18; 2009)
2.17.06 Residency. No person shall be appointed to the commission who is not a citizen of the United States, a resident of the county for at least two years immediately preceding his appointment, and an elector of the county wherein he resides. (Ord. 2009-18; 2009)
2.17.07 Severability. If any provision of this Chapter or its application to any person or circumstances is held invalid, the remainder of the Chapter or the application of the Chapter to other persons or circumstances shall not be affected. (Ord. 2009-18; 2009)
Chapter 2.20 COUNTY OFFICE HOURS*
Sections 2.20.010 Schedule of hours.
* For statutory provisions requiring county and precinct offices to be open during such days and hours as the board shall by resolution prescribe, see RCW 36.16.100.
2.20.010 Schedule of hours. The following schedule of hours shall be observed in the county:
Monday through Friday 9:00 a.m. to 5:00 p.m. Saturday, Sunday, and holidays Closed
Hours varying from the above schedule shall be set by resolution. (Ord. 99-03, 1999; Vol. K, p. 440, 1951).
Chapter 2.22 COUNTY OFFICIALS AND EMPLOYEES - WAGE POLICY
(Repealed by Ord. 99-03)
Chapter 2.24 COUNTY OFFICIALS - TRAVELING EXPENSES
Sections 2.24.010 Mileage allowance. 2.24.020 Repealed.
2.24.010 Mileage allowance. The mileage allowance for county officials and employees shall be set by resolution. (Ord. 99-03, 1999; Vol. K, p. 220, 1949).
2.24.020 Board of commissioners. Repealed by Ord. 99-03. (Res. dated 6/4/79; Res. 74-36, 1974).
Chapter 2.26 COUNTY EMPLOYEES - AFFIRMATIVE ACTION
Chapter 2.28 COUNTY EMPLOYEES - LEAVE POLICIES
Chapter 2.32 COUNTY EMPLOYEES - GROUP LIFE, ACCIDENT, HOSPITAL AND SURGICAL INSURANCE
Chapter 2.36 COUNTY EMPLOYEES - PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Chapter 2.40 COUNTY EMPLOYEES - SOCIAL SECURITY
Chapter 2.41 WASHINGTON GOVERNMENTAL ENTITY POOL MEMBERSHIP
Chapter 2.42 DEFERRED COMPENSATION PLAN
Chapter 2.44 COUNTY PERSONNEL POLICY
Sections 2.44.010 Personnel policy adoption.
2.44.010 Personnel policy adoption. The county shall draft and implement a personnel policy that shall apply to all employees of the county. The personnel policy shall address:
Chapter 2.48 DEPARTMENT OF EMERGENCY MANAGEMENT
Sections 2.48.010 Purpose of chapter. 2.48.020 Definitions. 2.48.030 Emergency management council. 2.48.040 Emergency management council - Powers, duties. 2.48.050 Director of emergency management - Created, duties. 2.48.060 Director of emergency management - Powers during disaster. 2.48.070 Emergency management organization - Membership. 2.48.080 Emergency management organization - Divisions - Services - Staff. 2.48.090 Violation - Penalty.
Footnote removed by Ord. 2018-015.
2.48.010 Purpose of chapter. The declared purposes of this chapter are to provide for the preparation and carrying out of plans, including mock or practice drills, for the emergency services of persons and property within this county in the event of a disaster, and to provide for the coordination of the emergency management and disaster functions of this county with all other public agencies and affected private persons, corporations and organizations in a manner consistent with the mandates of law and the training of those responsible for leading the implementation of such emergency services. Any expenditures made in connection with such emergency services and disaster activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the county, provided that the expenditures are consistent with the mandates of law and/or funding sources related to such expenditures. (Ord. 2018-015, 2018; Ord. 99-03, 1999; Ord. dated 5/16/75 § I, 1975; Vol. M, p. 48 § 1, 1959).
2.48.020 Definitions.
(Ord. 2018-015, 2018; Ord. 99-03, 1999; Ord. dated 5/16/75 § II, 1975; Vol. M, p. 48 § 2, 1959).
2.48.030 Emergency management council. The county emergency management council is created and shall consist of the following:
2.48.040 Emergency management council - Powers, duties. It shall be the duty of the county emergency management council, and it is empowered, to review and recommend for adoption emergency services and mutual aid plans and agreements and such resolutions and rules and regulations as are necessary to implement such plans and agreements. The emergency management council shall meet upon call of the chairman or in his absence from the county or inability to call such meeting, upon the call of the vice chairman. (Ord. 99-03, 1999; Ord. dated 5/16/75 § IV, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 4, 1959).
2.48.050 Director of emergency management - Created, duties. There is created the office of director of emergency management as defined in RCW 38.52.010 as it exists now or is hereafter amended. The Sheriff of Kittitas County is hereby appointed ex officio to be Director of Emergency Management. The director is empowered and directed:
2.48.060 Director of emergency management - Powers during disaster. In the event of disaster as provided in this chapter, the director is empowered, with the concurrence of the chairman of the county emergency management council:
2.48.070 Emergency management organization - Membership. All county and city officers and employees of this county, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of KCC 2.48.060(3), charged with duties incident to the protection of life and property in this county during disaster, shall constitute the emergency management organization of the county. (Ord. 99-03, 1999; Ord. dated 5/16/75 § VII, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 7, 1959).
2.48.080 Emergency management organization - Divisions - Services - Staff. The functions and duties of the county emergency management organization shall be distributed among such divisions, services and special staff as the emergency management council prescribes. The emergency management council shall concurrently with the adoption of the ordinance codified herein, prescribe the form or organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees. Insofar as possible, the form of the federal government and the Department of Emergency Management of the state shall conform in organization, titles and terminology. (Ord. 99- 03, 1999; Ord. dated 5/16/75 § VIII, 1975; Res. 72-11, 1972; Vol. M, p. 50 § 8, 1959).
2.48.090 Violation - Penalty. It is a misdemeanor, punishable by a fine of not to exceed $250.00, or by imprisonment for not to exceed three months, for any person during a disaster:
Chapter 2.50 DEPARTMENT OF PUBLIC WORKS
Sections 2.50.010 Establishment. 2.50.020 Direction - Composition. 2.50.030 Director - Qualifications and duties. 2.50.032 County Road Engineer - Qualifications and duties. 2.50.035 Director - Road usage permit issuance. 2.50.040 Repealed. 2.50.050 Copy forwarding.
2.50.010 Establishment. A department of public works is established to be organized as set forth in this chapter. (Ord. 99-03, 1999; RD-58-79, 1979)
2.50.020 Direction - Composition. The department will function under the direction of a director of public works, reporting directly to the board of county commissioners. The department will be composed of an engineering division, a roads division, an equipment division, an accounting division, an airport division, a parks division and a flood control division, subject to reorganization as needs and conditions warrant. (Ord. 99-03, 1999; RD-58-79, 1979)
2.50.030 Director - Qualifications and duties.
2.50.032 County Road Engineer - Qualifications and duties.
2.50.035 Director - Road usage permit issuance. The director of public works is delegated the authority to issue the various road usage permits. Said permits shall be issued under policies as established by the board of county commissioners. (Ord. 99-03, 1999; Res. RD- 60-79, 1979).
2.50.040 Organization. Repealed by Ord. 99-03. (Res. 83-13, 1983; RD-58-79, 1979).
2.50.050 Copy forwarding. A copy of the ordinance codified in this chapter shall be forwarded to the county road administration board, as required by WAC 136-50-070. (Ord. 2006-44, 2006; Ord. 2000-02; Ord. 99-03, 1999; RD-58-79, 1979).
Chapter 2.52 MUTUAL AID IN EMERGENCY MANAGEMENT*
Sections 2.52.010 Covenant agreement.
* For the statutory provisions regarding mutual aid agreements, see RCW 38.52.090.
2.52.010 Covenant agreement. In consideration of mutual covenants, the county and the municipalities of Kittitas, Cle Elum, Roslyn, South Cle Elum, and Ellensburg agree as follows:
Chapter 2.55 PUBLIC RECORDS DISCLOSURE
Sections 2.55.010 Authority and Purpose. 2.55.020 Agency Description - Contact Information - Public Records Officer. 2.55.030 Availability of Public Records. 2.55.040 Making a Request for Public Records. 2.55.050 Processing of Public Records Requests - General. 2.55.060 Exemptions. 2.55.070 Costs of Providing Copies of Public Records. 2.55.080 Review of Denial of Public Records. 2.55.090 Disclaimer of Liability. 2.55.100 Severability.
2.55.010 Authority and Purpose.
(Ord. 2018-002, 2018; Ord. 2010-01, 2010)
2.55.020 Agency Description - Contact Information - Public Records Officer.
2.55.030 Availability of Public Records.
(Ord. 2010-01, 2010)
2.55.040 Making a Request for Public Records.
2.55.050 Processing of Public Records Requests - General.
2.55.060 Exemptions.
**Editor's note: This hyperlink was altered to reflect the new location of the file on the MRSC website.
2.55.070 Costs of Providing Copies of Public Records.
2.55.080 Review of Denial of Public Records.
2.55.090 Disclaimer of Liability. Neither the County nor any officer, employee, official or custodian shall be liable, nor shall a cause of action exist, for any loss or damage based upon a release of Public Records if the person releasing the records acted in good faith in attempting to comply with this policy.
This policy is not intended to expand or restrict the rights of disclosure or privacy as they exist under state and federal law. Despite the use of any mandatory terms such as "shall," nothing in this policy is intended to impose mandatory duties on the County beyond those imposed by state and federal law. (Ord. 2010-01, 2010)
2.55.100 Severability. If any provision of this Chapter or its application to any person or circumstances is held invalid, the remainder of the Chapter or the application of the Chapter to other persons or circumstances shall not be affected. (Ord. 2010-01, 2010).
Chapter 2.56 PUBLIC RECORDS - DUPLICATION AND FILING FEES
Sections 2.56.010 Implementation of Survey Recording Act. 2.56.020 Record of survey - Size, recording material and filing fees. 2.56.030 Record of survey - Cost for copies. 2.56.040 Record of monument - Filing fee - Form. 2.56.050 Record of monument - Cost for copies.
2.56.010 Implementation of Survey Recording Act. The Survey Recording Act is further implemented by the fixing of the following fees for recording a public record as prescribed by the act as set out in this chapter. (Ord. 99-03, 1999; Res. 73-33, 1973).
2.56.020 Record of survey - Size, recording material and filing fees. The size of the record of land surveys shall be 18 inches by 24 inches; the survey shall be recorded on mylar; and the fee schedule for filing shall be as follows:
Basic fee first page $10.00 Each additional page $5.00 Each additional owner's name $1.00
(Ord. 99-03, 1999; Res. 75-90, 1975; Res. 73- 33, 1973).
2.56.030 Record of survey - Cost for copies. Copies of the record of survey shall be provided on request according to the following fee schedule:
Basic fee, first page $5.00 Each additional page $3.00
(Ord. 99-03, 1999; Res. 73-33, 1973).
2.56.040 Record of monument - Filing fee - Form. The record of monument shall be filed without charge on the standard form prescribed by the Department of Natural Resources, Bureau of Surveys and Maps. (Ord. 99-03, 1999; Res. 73-33, 1973).
2.56.050 Record of monument - Cost for copies. Copies of the record of monument shall be provided on request according to the following fee schedule:
Basic fee, per sheet $2.00
Chapter 2.60 PARKING OF COUNTY VEHICLES
Chapter 2.64 COUNTY TRAVEL POLICY
Chapter 2.68 DEPARTMENT OF BUILDING INSPECTOR AND FIRE MARSHAL
Sections 2.68.010 Created - Supervision. 2.68.020 Powers and duties generally.
2.68.010 Created - Supervision. In accordance with and by the authority of Chapter 19.27 RCW, Kittitas County herewith creates the department of building inspector and fire marshal. (Ord. 99-03, 1999; Res. 77- 116, 1977).
2.68.020 Powers and duties generally. Effective January 1, 1978, the building department and fire marshal shall be charged with the responsibility of enforcing the provisions of Chapters 19.27 and 36.43 RCW, and generally enforcing the building codes and fire codes and carrying out such other duties as may be assigned to the department by the board of county commissioners. (Ord. 99-03, 1999; Res. 77-116, 1977).
Chapter 2.72 HANDLING OF CLAIMS AGAINST THE COUNTY
Sections 2.72.010 Filing. 2.72.020 Review procedure. 2.72.030 Recordkeeping. 2.72.040 Accidents involving county-owned vehicles.
2.72.010 Filing.
2.72.020 Review procedure.
2.72.030 Recordkeeping. The Kittitas County auditor and prosecuting attorney shall maintain a record of each claim filed against Kittitas County and the status of each claim as it progresses through the procedural system. (Ord. 2000-02; Ord. 99-03, 1999; Res. 83-17 § 6, 1983).
2.72.040 Accidents involving county-owned vehicles.
Chapter 2.73 DEFENSE AND INDEMNIFICATION OF COUNTY OFFICERS, EMPLOYEES, AND VOLUNTEERS
Sections 2.73.005 Purpose. 2.73.010 Definitions. 2.73.020 Request for defense of claim. 2.73.030 Authorizing defense of claim. 2.73.040 Indemnification and payment of judgment. 2.73.050 Action for malicious prosecution authorized. 2.73.060 Duties of employees. 2.73.070 Effective Date. 2.73.080 Severability.
2.73.005 Purpose.
The purpose of this chapter is to establish a procedure, as authorized by RCW 4.96.041, under which an officer, employee, or volunteer who is subject to a claim or action for damages may request that Kittitas County authorize and provide the defense of the claim and pay the costs and expenses of the defense, and to establish a procedure under which Kittitas County may pay damage awards.
(Ord. 2021-002, 2021)
2.73.010 Definitions.
The definitions in this section apply to the following terms as used in this chapter:
2.73.020 Request for defense of claim.
An officer, employee, or volunteer may request that Kittitas County defend and pay the necessary expenses of defending any claim or action for damages arising from acts or omissions while performing or in good faith purporting to perform his or her official duties. Such request shall be in writing and shall be submitted to the Board of County Commissioners and the Prosecuting Attorney.
2.73.030 Authorizing defense of claim.
A request for defense of claim shall be granted if the Board of County Commissioners finds:
However, Kittitas County reserves the right to deny a request for defense of claim against an officer, employee, or volunteer charged with official misconduct, malfeasance, or willful neglect of duty in his or her office; or alleged to have unlawfully obtained personal benefits, or benefits for any person not entitled thereto, while acting in his or her official capacity; or if Kittitas County itself initiates the action against the officer, employee, or volunteer.
2.73.040 Indemnification and payment of judgment.
When Kittitas County has defended a claim or action for damages against an officer, employee, or volunteer pursuant to this chapter, and the court hearing the action finds the officer, employee, or volunteer was acting within the scope of his or her official duties, Kittitas County shall indemnify the officer, employee, or volunteer, and shall pay any non-punitive, final monetary judgment for costs and damages entered on such claim, after termination of all appellate review, if any. Pursuant to RCW 4.96.041(4), a judgment creditor shall seek satisfaction for a judgment only from Kittitas County and a judgment for costs and damages shall not become a lien upon any property of the officer, employee, or volunteer. Payment of any punitive damages judgment against an officer, employee, or volunteer shall only be made by specific resolution of a majority of the Board of County Commissioners.
2.73.050 Action for malicious prosecution authorized.
The Board of County Commissioners hereby authorizes the Prosecuting Attorney to bring an action or counterclaim for malicious prosecution, under RCW 4.24.350, on behalf of a county officer, employee, or volunteer when, in the sole discretion of the Prosecuting Attorney, the Prosecuting Attorney determines it is in the best interest of the county to bring such action or counterclaim. The Prosecuting Attorney is authorized to provide legal services for the county officer, employee, or volunteer, and to expend county funds to prosecute such action or counterclaim.
2.73.060 Duties of employees.
Any officer, employee, or volunteer contacted or served with a claim, demand, summons, or complaint shall immediately notify and deliver any documentation received, as well as any request for defense, to the Board of County Commissioners and the Prosecuting Attorney. The officer, employee, or volunteer shall cooperate with Kittitas County and its liability carrier, assist in the conduct of suits and in enforcing any right of contribution or indemnity, shall attend pre-trial hearings and trials, and assist in securing and giving evidence and obtaining the attendance of witnesses. Except as specifically directed by the Prosecuting Attorney or assigned special counsel, no officer, employee, or volunteer may engage in any of the following acts with respect to claims or actions for damages defended pursuant to this chapter.
Any violation of the provisions of this section may result in the revocation and cancellation of the continued defense and indemnification of the officer, employee, or volunteer, and may also result in Kittitas County taking legal action against the officer, employee, or volunteer for reimbursement of the costs, expenses, and damages incurred or expended by Kittitas County under this chapter.
2.73.070 Effective date.
The effective date of the ordinance codified in this chapter shall be January 5, 2021.
2.73.080 Severability.
Should any provision of this chapter be declared invalid, the remainder of this chapter or the application of such provision to other persons or circumstances shall not be affected and shall be valid and enforceable to the fullest extent allowed by law.
Chapter 2.76 SAFETY AND HEALTH POLICY
Chapter 2.77 SMOKING POLICY
Sections 2.77.010 Policy adopted.
2.77.010 Policy adopted. The board of county commissioners adopts the following safety and health policy for Kittitas County:
Chapter 2.78 ALCOHOL AND DRUG ABUSE POLICY
Chapter 2.80 HANDICAPPED HIRING, ACCESS AND GRIEVANCES
Chapter 2.81 MANAGEMENT OF COUNTY REAL AND PERSONAL PROPERTY
Sections 2.81.010 General Provisions. 2.81.020 Statutory Powers and Exemptions from State Law. 2.81.030 Definitions. 2.81.040 Property Acquisition Procedures. 2.81.050 Disposition of Property. 2.81.060 General Disposition of Property by Sale or Lease. 2.81.070 Real Property Leases - Length of Term and Other Conditions. 2.81.080 Destruction and Disposition of Recovered, Forfeited and Surplus Firearms. 2.81.090 Exempted Transactions Designated.
2.81.010 General Provisions. Pursuant to public notice and hearing, and in accordance with RCW 36.34.005, Kittitas County establishes comprehensive procedures for the management of county real and personal property. This chapter shall be construed in accordance with, and all county property management activities shall be guided by, the following declaration of policy and purpose: (1) To provide efficient management and protection for all county controlled property; (2) To insure the maximum return of all sales, rentals or leases of county controlled property, except as otherwise provided herein; and (3) To dispose of all property which is not required for county purposes. (Ord. 2009-04, 2009)
2.81.020 Statutory Powers and Exemptions from State Law. Except to the extent otherwise provided for herein, this chapter supersedes the provisions of Chapter 36.34 RCW; PROVIDED, however, that the county shall retain all powers now or hereinafter granted by Chapter 36.34 RCW. (Ord. 2009-04, 2009)
2.81.030 Definitions.
2.81.040 Property Acquisition Procedures.
2.81.050 Disposition of Property.
2.81.060 General Disposition of Property by Sale or Lease.
2.81.070 Real Property Leases - Length of Term and Other Conditions. The county may lease real property for a term of years and upon such terms and conditions as may be deemed in the best interests of the public and the county. No lease shall be for a longer term in any one instance than ten (10) years; PROVIDED, that when the board determines it to be in the best public interest, real property necessary to the support or expansion of an adjacent facility may be leased to the lessee of the adjacent facility for a term to expire simultaneously with the term of the lease of the adjacent facility, but not to exceed thirty-five (35) years; PROVIDED FURTHER, that when the board determines it to be in the best public interest, where the property to be leased is improved or is to be improved, and the value of the improvement is or will be at least equal to the value of the property to be leased, the county may lease such property for a term not to exceed thirty-five (35) years; PROVIDED FURTHER, that where the property to be leased is to be used for major airport, purposes, requiring extensive improvements, the county may lease such property for a term equal to the estimated useful life of the improvements, but not to exceed seventy-five (75) years. (Ord. 2009-04, 2009)
2.81.080 Disposition of Firearms by Kittitas County Sheriff's Office.
2.81.090 Exempted Transactions Designated. The following transactions are exempted from the provisions of Sections 2.81.060 through 2.81.070:
Chapter 2.82 OPEN AND TRANSPARENT COLLECTIVE BARGAINING
Sections 2.82.005 Legislative Intent 2.82.010 Open Collective Bargaining 2.82.020 No Public Testimony Allowed 2.82.030 Exceptions
2.82.005 Legislative Intent The Board of County Commissioners declares it to be in the public interest for there to be openness and transparency in collective bargaining sessions and contract negotiations between Kittitas County and employee Collective Bargaining Units. (Ord. 2017-010, 2017)
2.82.010 Open Collective Bargaining All collective bargaining sessions and contract negotiations between Kittitas County and employee Collective Bargaining Units shall be held in meetings open to the public. Kittitas County shall provide notice to the public of all such sessions or contract negotiations. (Ord. 2017-010, 2017)
2.82.020 No Public Testimony Allowed Members of the public are invited to observe collective bargaining sessions and contract negotiations between Kittitas County and employee Collective Bargaining Units. However, members of the public will not be offered an opportunity to participate or offer testimony during the meeting. (Ord. 2017-010, 2017)
2.82.030 Exceptions The provisions of this chapter shall not apply to: a) grievance or mediation proceedings; b) discussions relating to the interpretation, enforcement, or application of a labor agreement; c) that portion of a meeting during which the governing body or employee collective bargaining unit is planning or adopting the strategy or position to be taken during the course of collective bargaining; or d) meetings or caucuses between an employee Collective Bargaining Unit and its exclusive bargaining representative.
Additionally, collective bargaining sessions or contract negotiations for subjects relating to employee safety or working conditions may be closed to the public as directed by the elected official(s) with authority over a particular Collective Bargaining Unit. (Ord. 2017-010, 2017)