Loading...
HomeMy WebLinkAbout3353 Relating to Bonds for City Officers and Employees; Adopting a New Chapter 2.09 and New Section 2.09.010, Official Bonds, in the Port Townsend Municipal Code (PTMC); and Adopting a New Section in 2.10.050 in the PTMCORDINANCE NO.3353 AN ORDINANCE OF THE CITY OF PORT TOWNSEND RELATING TO BONDS FOR CITY OFFICERS AND EMPLOYEES; ADOPTING A NEW CHAPTER 2.09 AND NEW SECTION 2.09.010, OFFICIAL BONDS, IN THE PORT TOWNSEND MUNICIPAL CODE (PTMC); AND ADOPTING A NEW SECTION IN 2.10.050 IN THE PTMC. WHEREAS, Washington state law, through sections 35A.12.080 and 35A.13.160 of the Revised Code of Washington ("RCW") requires the clerk, treasurer, if any, chief of police, and such other officers or employees as may be designated by ordinance or by charter to furnish annually an official bond conditioned on the honest and faithful performance of their official duties; and WHEREAS, RCW 35A.13.070 requires the city manager of a code city to execute and file with the clerk of the council a bond in favor of the city in such sum as may be fixed by the council before entering upon the duties of his or her office; and WHEREAS, the official bonds of officers of a municipality must comply with the requirements of Chapter 42.08 RCW; and WHEREAS, the premiums for bonds for appointive officers and City staff must be paid by the City per RCW 48.28.040; and WHEREAS, the State of Washington Auditors office recommends bond coverage should be provided for all employees, under a blanket bond. NOW THEREFORE, the City Council of the City of Port Townsend does ordain as follows: Section 1. A new section 2.10.050, City manager — Bond and oath, is hereby created in Port Townsend Municipal Code Chapter 2.10 (City Manager) as follows: 2.10.050 City manager —Bond and oath. Before entering upon the duties of his or her office the city manager shall take an oath or affirmation for the faithful performance of his or her duties and shall execute and file with the clerk of the council a bond in favor of the city consistent with the provisions of PTMC 2.09.010. Section 2. A new Chapter 2.09 titled "Official bonds." A new Section 2.09.010 "Official bonds," is hereby adopted in Chapter 2.09 of the PTMC titled "Official bonds" in the Port Townsend Municipal Code to read as follows: Ordinance 3353 PERFORMANCE BONDS Page 2 of 3 2.09.010 Official bonds.. In accordance with RCW W/0 and W), the employees of the city listed in this section shall each, before entering upon the performance of their respective duties, furnish to the city an official bond conditioned upon the honest and faithful performance and discharge of their official duties, and for the proper application of all money or property received by them by virtue of their position or employment. All such official bonds shall be approved by the city manager, except that the bond of the city manager shall be approved by the city attorney. Such bonds shall run in favor of the city and be executed by a fidelity or surety company authorized to transact such business within the state. The form shall be approved by the city attorney and must meet the requirements of any proper department of the state supervising the same. The premiums on said bonds shall be paid by the city. A. The director of finance and technology services who serves as the city treasurer shall qualify by furnishing a faithful performance bond at the expense of the city in the sum of not less than $100,000. B. The city clerk and all persons authorized by the city to sign checks or warrants shall be covered by a blanket faithful performance bond in the sum of not less than $75,000. C. The city manager shall be covered by a blanket faithful performance bond in the sum of not less than $100,000. D. The chief of police shall be covered by a blanket faithful performance bond in the sum of not less than $100,000. E. All other city officers and employees shall be covered by a blanket faithful performance bond in the sum of not less than $50,000. All amounts provided in this section may be increased to a greater amount as may be specified by state law as hereafter amended. acti t1, 3 SevcaabiR. If any sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase or work of this Ordinance. Section_4. Effective Date. This Ordinance shall take effect and be in force five days followingpublication in is the i p he manner provided by law. Ordinance 3353 PERFORMANCE BONDS Page 3 of 3 Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 6th day of October, 2025. David F x:)'&-,.. leµ z� "ry +,qY SS �try Clerk