HomeMy Public PortalAboutOrd. 895 - MCC Title I Ordinance Repeal & ReenactORDINANCE NUMBER 895
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, AMENDING
SECTIONS 1.1.1, 1.1.2, 1.1.4 AND 1.1.7 OF CHAPTER 1 ADOPTION OF OFFICIAL CODE
OF TITLE 1 ADMINISTRATIVE TO PROVIDE FOR THESE SECTIONS TO HAVE DOTS
BETWEEN THE SECTION NUMBERS; TO REPEAL THE REMAINING SECTIONS 1.1.3,
1.1.5, AND 1.1.6 OF CHAPTER 1 ADOPTION OF OFFICIAL CODE OF TITLE 1
ADMINISTRATIVE, AND TO REPEAL CHAPTERS 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 AND 12 OF
THE MCCALL CITY CODE TITLE 1 ADMINISTRATIVE, AND RE-ENACTING SAID
SECTIONS AND CHAPTERS OF TITLE 1 ADMINISTRATIVE OF THE MCCALL CITY
CODE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MCCALL, IDAHO:
Section 1: That Chapter 1 Sections 1.1.1, 1.1.2, 1.1.4, and 1.1.7 of Title 1 of the
McCall City Code, be, and the same are hereby amended to read as follows:
1.1.1: TITLE:
This compilation and codification of the general ordinances of the City of McCall is hereby
declared to be and shall hereafter constitute the Official McCall City Code, and shall hereafter be
known, designated and cited as the McCall City Code. Any reference made to the number of any
section contained herein shall be understood to refer to the position of the same under its
appropriate title heading, its chapter heading, and its section heading, and to the general penalty
clause relating thereto, as well as to the section itself, when reference is made to this Code by
title in any legal document.
1.1.2: ACCEPTANCE:
This Code, as hereby presented in printed form, shall hereafter be received without further proof
in all courts and in all administrative tribunals of this State as the ordinances of a general and
permanent effect of the City.
1.1.4: CONSTRUCTION OF WORDS:
Whenever any word in any section of this Code importing the plural number is used, in
describing or referring to any matters, parties, or persons, any single matter, party or person shall
be deemed to be included, although, distributive words may not have been used. When any
subject matter, party or person is referred to in this Code by words importing the singular
number only, or the masculine gender, several matters, parties, or persons and females as well as
males and bodies corporate shall be deemed to be included. Provided, that these rules of
construction shall not be applied to any section of this Code which contains any express
provision excluding such construction or where the subject matter or content may be repugnant
thereto.
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1.1.7: SEPARABILITY:
If any title, chapter, section, subsection, sentence, clause or phrase or portion of this Code (called
"provision" in the rest of this Section) is for any reason held invalid or unconstitutional by any
judicially final decision of a court of competent jurisdiction, such provision shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining provisions of this Code. The remaining provisions of this Code shall thereafter be
interpreted without the offending provision, and the City Manager and City Attorney shall
prepare conforming amendments and appropriate internal adjustments with all deliberate speed,
for consideration by Council and any relevant advisory bodies.
Section 2: That Sections 1.1.3, 1.1.5 and 1.1.6 of Chapter 1 and that Chapters 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, and 12 of Title 1 Administrative of the McCall City Code, be, and the same
are hereby repealed.
Section 3: That Sections 1.1.3, 1.1.5 and 1.1.6 of Chapter 1 and that Chapters 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, and 12 of Title 1 Administrative of the McCall City Code, be, and the same
are hereby re-enacted and shall read as follows, to -wit:
Title 1
ADMINISTRATIVE
Chapter 1
ADOPTION OF OFFICIAL CODE
1.1.3: AMENDMENTS:
Any ordinance amending this Code shall set forth the title, chapter and section number of the
section or sections to be amended, and this shall constitute a sufficient compliance with any
statutory requirement pertaining to the amendment or revision by ordinance of any part of this
Code. A11 such amendments or revisions by ordinance shall be immediately forwarded to the
City's official Codifier, and the said ordinance materials shall be prepared for insertion in its
proper place in each copy of this Code. Each such replacement page shall be properly identified
and shall be inserted in each copy of this Code within thirty (30) days from the date of its final
passage.
1.1.5: DEFINITIONS:
DEPARTMENT HEAD: The person appointed by the City Manager, and confirmed by the
Council, to direct and oversee a City department listed in Section 1.9.8 of this Title.
KNOWINGLY: Imports only a knowledge that the facts exist which bring the act or omission
within the provisions of this Code. It does not require any knowledge of the unlawfulness of such
an act or omission.
NEGLECT, NEGLIGENCE, NEGLIGENT and NEGLIGENTLY: Import a want of such
attention to the nature or probable consequences of the act or omission as a prudent person
ordinarily bestows in acting in his or her own concern.
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OFFICERS: The City Attorney, the City Clerk, the City Police Chief and the City Treasurer.
OWNER: Applied to a building or land shall include any part owner, joint owner, tenant in
common, joint tenant in common, and joint tenant or lessee of the whole or part of such building
or land whether alone or with others.
PERSON: Includes any person, firm, association or corporation, or any organization of any kind.
PERSONAL PROPERTY: Includes every description of money, goods, chattels, effects,
evidence of rights in action and all written instruments by which any pecuniary obligation, right
or title to property is created, acknowledged, transferred, increased, defeated, discharged or
diminished and every right or interest therein.
STREETS: Includes alleys, lanes, courts, boulevards, public ways, public squares, public places,
and sidewalks.
WILFULLY: When applied to the intent with which an act is done or omitted, implies simply a
purpose or willingness to commit the act or make the omission referred to. It does not require
any intent to violate law, or to injure another, or to acquire an advantage.
WRITTEN and IN WRITING: May include printing.
1.1.6: INTERPRETATIONS:
In the determination of the provisions of each section of this Code the following rules shall be
observed:
(A) Intent to Defraud: Whenever intent to defraud is required in order to constitute an offense, it
shall be sufficient if intent appears to defraud any persons.
(B) Liability of Employers and Agents: When the provisions of any section of this Official Code
prohibits the commission of an act, not only the person actually doing the prohibited act or
omitting the directed act, but also the employer and all other persons concerned with or in
aiding or abetting the said person shall be deemed guilty of the offense described and liable
to the penalty set forth.
Chapter 2
SAVING CLAUSE
1.2.1: REPEAL OF GENERAL ORDINANCES:
All general ordinances of the City passed prior to the passage of this Code are hereby repealed,
except such as are referred to herein as being still in force or are by necessary implication herein
reserved from repeal (subject to the saving clauses herein contained) from which are excluded
the following ordinances which are not hereby repealed: tax levy ordinances, appropriation
ordinances, ordinances relating to boundaries and annexations, franchise ordinances, and other
ordinances granting special rights to persons or corporations, contract ordinances and ordinances
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authorizing the execution of a contract or the issuance of warrants, salary ordinances, ordinances
establishing, naming or vacating streets, alleys or other public places, improvement ordinances,
bond ordinances, ordinances relating to elections, ordinances relating to the transfer or
acceptance of real estate by or from the City and all special ordinances.
1.2.2: PUBLIC UTILITY ORDINANCES:
No ordinance relating to railroads or railroad crossings with streets and other public ways, or
relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the
adoption of this Code or by virtue of the preceding section, excepting as this Code may contain
provision for such matters, in which case this Code shall be considered as amending such
ordinance or ordinances in respect to such provision only.
1.2.3: PENDING SUITS:
No new ordinance shall be construed or held to repeal a former ordinance, whether such former
ordinance is expressly repealed or not, as to any offense committed against such former
ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right
accrued or claim arising under the former ordinance, or in any way whatever to affect any such
offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or
any right accrued or claim arising before the new ordinance takes effect, save only that the
proceedings there after shall conform to the ordinances in force at the time of such proceedings,
so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a
new ordinance, such provision may be, by the consent of the party affected, and applied to any
judgment announced after the new ordinance takes effect.
This Section shall extend to all repeals, either by express words or implication whether the repeal
is in the ordinance making any new provisions upon the same subject or in any other ordinance.
Nothing contained in this or the preceding sections shall be construed as abating any action now
pending under or by virtue of any general ordinance of the City herein repealed; or as
discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as altering the
liability of any person, firm, or corporation, or as waiving any right of the City under any
ordinance or provision thereof in force at the time of adoption of this Code.
Chapter 3
GENERAL PENALTY
1.3.1: GENERAL PENALTY:
Any person convicted of a misdemeanor or violation of any section of this Code shall be fined in
a sum not exceeding three hundred dollars ($300.00) for any one offense, provided said fine shall
not exceed the amount permissible in the Magistrate's Division of the District Court, or confined
in the County jail not more than thirty (30) days, or both such fine and imprisonment,
recoverable with costs, and in default of payment of any fine imposed shall be imprisoned in the
City or County jail for a period of one day for each ten dollars ($10.00) of such fine, provided
that upon conviction of driving a motor vehicle while the driver is intoxicated or under the
influence of intoxicating liquor, the Court shall demand the delivery of the driver's license.
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Whenever a defendant is sentenced to imprisonment or is imprisoned for nonpayment of a fine or
costs, the defendant may be put to work for the benefit of the City for the term of his or her
imprisonment.
1.3.2: TO WHAT ACTS PENALTY SHALL ATTACH:
Any person who shall commit any act declared by any section of this Code to be unlawful, or
who fails to perform any act or discharge any obligation or duty required by or imposed upon
him by any ordinance shall be deemed guilty of a misdemeanor, and shall be subject to the
penalty fixed for the violation with like effect as if such penalty were specifically declared in the
section forbidding such act or declaring the same to be unlawful or prescribing the duty or
imposing the obligation. Where any duty is prescribed or obligation imposed, or where any act
which is of a continuing nature is forbidden or declared to be unlawful, a separate offense shall
be deemed committed upon each day during or on which such violation occurs or continues,
except where otherwise provided in this Code.
Chapter 4
SEAL
1.4.1: CITY SEAL:
The Corporate Seal of the City shall be circular in form with inner and outer circles. The outer
circle shall be one and fifteen -sixteenths inches (115/16") in diameter. It shall bear upon the space
between the two (2) circles, the words, "McCall, Idaho" in lowercase and "CITY OF McCALL,
IDAHO" in uppercase letters, and upon the space within the inner circle the word, "SEAL" 1.
Chapter 5
OFFICIAL NEWSPAPER
1.5.1: OFFICIAL NEWSPAPER:
Pursuant to Idaho Code, section 50-213, "The Star -News", McCall, Idaho, is the official
newspaper of the City of McCall. Publication of official notices, calls for bids, ordinances and
other matters in this newspaper of general circulation shall constitute legal publication within the
requirements of Federal codes, State statutes and local ordinances.
Chapter 6
INITIATIVE AND REFERENDUM
1.6.1: INITIATIVE AND REFERENDUM:
(A) Creation of Right: The people of this City shall have the right to enact ordinances through
the initiative process according to the procedures set forth herein.
(B) Number of Petitioners Required: To enact an ordinance by initiative or to repeal an
ordinance by referendum, there shall be attached or appended to the petition the signatures of
the legal voters of the City equal to at least twenty percent (20%) of the total number of
voters registered to vote at the last general election in the City.
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(C) Time for Filing Petitions: Referendum petitions with the requisite number of signatures
attached shall be filed with the City Clerk not less than sixty (60) days following the final
adoption of the ordinance to be subject to referendum.
(D) Time for Election: A special election for initiative or referendum shall be provided as
prescribed in section 34-106, Idaho Code; the initiative and referendum shall be submitted at
the time of the Municipal election.
(E) Requirements for Signature, Verification of Valid Petitions, Printing of Petition and Time
Limits: Referendum and initiative petitions shall conform with the requirements for
signature, verification of valid petitions, printing of petitions, and time limits, except as
expressly modified to meet the purposes of initiative and referendum to be as nearly as
practicable as provided in sections 34-1701 through 34-1705 of the Idaho Code.
(F) In the event that a petition filed with the City Clerk does not contain the required number of
certified signatures, the City Clerk shall inform the person or organization under whose
authority the petition was circulated that the petition is defective for lack of certified
signatures.
(G) In the event that a petition filed with the City Clerk is found by the City Clerk to contain the
required number of certified signatures, the City Clerk shall promptly, by certified mail,
inform the petitioners, and shall also notify the City Council at its next meeting that the
initiative or referendum petition is in proper form.
1. If the petition is for a referendum, the City Council shall have sixty (60) days from the date
of certification of the petition to repeal the ordinance being referred to the voters. In the
event the Council repeals the ordinance, the referendum petition shall be declared null and
void.
2. If the petition is an initiative petition, the City Council shall have sixty (60) days to pass an
ordinance substantially as proposed by the petition. In the event the council passes such an
ordinance, the initiative petition shall be null and void.
3. In the event the City Council neither repeals the ordinance which is the subject of a
referendum petition nor enacts an ordinance which is the subject of an initiative petition,
an election shall be ordered by the City Clerk to be conducted citywide. Initiative and
referendum elections shall be held on the nearest date authorized in Idaho Code section
34-106 which falls more than forty five (45) days after the City Clerk orders that such
initiative or referendum election shall be held.
Chapter 7
CITY MANAGER
1.7.1: OFFICE OF CITY MANAGER CREATED:
The office of City Manager of the City is hereby created. The City Manager shall be appointed
by the Council on the basis of the individual's qualifications and experience and other factors
deemed relevant by the Council. The City Manager shall hold office at the pleasure of the
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Council. The City Manager shall take the official oath for the support of the government and the
faithful performance of the City Manager's duties.
1.7.2: ELIGIBILITY:
Residence in the City at the time of appointment as City Manager shall not be required as a
condition of appointment, but residence must be established within twelve (12) months after
appointment, unless the Council determines to waive this requirement with respect to a particular
City Manager in the light of the situation at the time. No person elected to membership on the
Council shall, subsequent to such election, be eligible for appointment as City Manager until one
year has elapsed after that person has ceased to be a member of the Council.
1.7.3: BOND:
The City Manager shall secure a corporate surety bond through the City's insurance coverage, be
deemed to have coverage compliant with provisions of Idaho Code §59-804 for the terms and
responsibilities of public officials or employees to the extent required by the Idaho Code bonding
requirements for public officials, which shall be conditioned on the faithful performance of the
duties imposed on the City Manager as herein prescribed. The bond fee shall be paid by the City.
1.7.4: ABSENCE:
To perform the duties of the City Manager during the temporary absence or disability of the
permanent City Manager, the permanent City Manager may designate by letter, filed with the
Office of the City Clerk, a qualified administrative officer of the City. In the event of a failure to
make such designation, the Council may, by resolution, appoint an officer of the City to perform
the duties of the City Manager until the permanent City Manager shall have returned or the
disability shall have ceased, and the appointee shall qualify as provided under sections 1.7.2 and
1.7.3 of this chapter.
1.7.5: COMPENSATION:
The City Manager shall receive such compensation as the Council shall from time to time
determine and fix by resolution or written agreement. The City Manager shall be reimbursed for
all sums necessarily incurred or paid by the City Manager in the performance of the City
Manager's duties or incurred when traveling on business pertaining to the City under direction of
the Council; reimbursement shall only be made, however, when a verified itemized claim, setting
forth the sums expended for which reimbursement is requested, has been presented to the
Council and by such Council approved and allowed.
1.7.6: POWERS AND DUTIES:
The City Manager shall have full administrative authority and shall:
(A) Have general supervision over the business of the City.
(B) See that the ordinances and policies of the City are complied with and faithfully executed.
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(C) Attend all meetings of the Council at which the City Manager's attendance is required by that
body.
(D) Recommend for adoption to the Council such measures as the City Manager may deem
necessary or expedient.
(E) Make the appointment of all department heads, subject to confirmation of such appointment
by the Council and such civil service regulations as may relate thereto; provided, however,
that the City Attorney shall be excluded from the scope of the City Manager's appointment,
termination and supervisory authority. The City Attorney shall report directly to Council;
however the services and facilities of the City Attorney shall be made available to the City
Manager and, under guidelines of the City Manager, to the officers, department heads and
staff of the City as to City business.
(F) Prepare and submit to the Council such reports as may be required by that body or as the City
Manager may deem advisable.
(G) Keep the Council fully advised of the financial condition of the City and its future needs.
(H) Prepare and submit to the Council a tentative budget for the next fiscal year.
(I) Perform such other duties as the Council may establish by ordinance or resolution.
(J) Terminate a department head's appointment, subject to confirmation of such termination by
the Council and such civil service regulations as may relate thereto.
(K) Possess such powers as are vested in the Mayor as provided in Idaho Code section 50-606.
(L) Authorize the waiver of fees when such a waiver would be in the public interest, if the
requester demonstrates an inability to pay, or when the waiver conforms to an approved
departmental policy. An affected person(s) aggrieved by a decision by the City Manager may
appeal such decision in writing to the Council within sixty (60) days of notification of denial
by the City Manager.
Chapter 8
THE CITY COUNCIL
1.8.1: AUTHORITY, DUTIES AND POWERS:
The authority, duties and powers of the McCall City Council are as defined specifically in Title
50, chapter 7, Idaho Code, and generally as may be assigned in Title 50, Idaho Code. The
legislative authority of McCall (the City) is vested in the City Council which consists of five (5)
members.
(A)Qualifications
Any person shall be eligible to hold the office on the City Council who is a qualified elector
of the City at the time their declaration of candidacy or declaration of intent is submitted to
the City Clerk and remains a qualified elector during their term of office.
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(B)Term of Office
The term of office of each Council person shall be for a period of four (4) years except as
otherwise specifically provided.
1.8.2: REGULAR MEETINGS:
Regular meetings of the Council shall generally be held on the second and fourth Thursdays of
each and every month at the City Ha11, 216 East Park Street, McCall, Idaho, except as may be
modified by resolution of the Council. At all meetings of the Council a majority of the full
Council shall constitute a quorum for the transaction of business; unless otherwise provided by
law, a question before the Council shall be decided by a majority of the members present.
Regular or special meetings of the Council may be recessed to a date and time certain.
1.8.3: SPECIAL MEETINGS; CALLING OF SAME:
Special meetings of the Council may be called at any time by one-half (1/2) plus one (1) of the
members of the full Council, and in each instance the object of the call shall be submitted to the
Council in writing, which call and purpose as well as the disposition thereof, shall be entered into
meeting minutes of the Clerk.
1.8.4: TIME OF MEETING:
All regular Council meetings shall begin at five -thirty (5:30) P.M. for a work session, and regular
business at six o'clock (6:00) P.M. unless a different time be specified.
1.8.5: SALARY OF THE COUNCIL MEMBERS:
Each member of the Council shall receive a monthly salary in the sum of two hundred dollars
($200.00). Each member of the Council shall also receive all benefits afforded to regular
fulltime employees of the City of McCall as described in the annual Employee Benefits Guide.
Each Council member shall also receive Idaho PERSI retirement benefits in the same amount
afforded to City of McCall employees as prescribed by Idaho Code section 59-1322. No other
compensation shall be afforded to the Council members.
1.8.6: EXPENSES:
A member shall be reimbursed for all sums necessarily incurred or paid in the performance of the
Member's duties or incurred when traveling on business pertaining to the City under direction of
the Council or in the ordinary performance of the duties of the Council; reimbursement shall
only be made, however, when a verified itemized claim, setting forth the sums expended for
which reimbursement is requested, has been presented to the full Council and by such approved
and allowed.
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1.8.7: ORDERS AND DIRECTIONS:
The Council and its members shall deal with the administrative services of the City only through
the City Manager, except for the purpose of inquiry, and neither the Council nor any member
thereof shall give orders to any subordinates of the City Manager.
1.8.8: PROCEDURES FOR FILLING VACANCIES ON COUNCIL:
In the event a vacancy exists in the membership of the Council, the Council shall adopt a motion
to meet as a committee of the whole. The committee of the whole shall consider the matter of an
appointment to fill such vacancy, make a recommendation to the Mayor and adjourn. The
Council then having been called back into its session, the Mayor shall appoint such person as
was recommended by the committee of the whole; the Mayor may vote against confirmation of
that appointment if the Mayor chooses to do so.
1.8.9: MAYOR:
The Mayor shall be elected by the Council from among its membership for a term of two (2)
years at the first meeting of the newly elected Council after each general or special election of
members of the Council; the Mayor may be removed by the Council per Idaho Code section 50-
809.
1.8.10: MAYOR; AUTHORITY, DUTIES AND POWERS:
The Mayor shall preside at the meetings of the Council and perform such other duties consistent
with the office as may be imposed by the Council. The Mayor shall be entitled to a vote on all
matters coming before the Council, but shall possess no veto power. The Mayor shall be
recognized as the official head of the City for all ceremonial purposes, by the courts of the
purposes of serving civil processes, and by the Governor for military purpose. The Mayor may
use the title of Mayor in any case in which the execution of contracts or other legal instruments
in writing, or other necessity arising from the general laws of this state may so require, but this
shall not be construed as conferring upon the office administrative powers or functions of a
Mayor under the general laws of the state per Idaho Code section 50-810.
1.8.11: SALARY OF MAYOR:
The Mayor shall receive a monthly salary in the sum of three hundred and fifty dollars ($350.00).
The Mayor shall also receive all benefits afforded to regular fulltime employees of the City of
McCall as described in the annual Employee Benefits Guide. The Mayor shall also receive Idaho
PERSI retirement benefits in the same amount afforded to City of McCall employees as
prescribed by Idaho Code section 59-1322. No other compensation shall be afforded to the
Mayor.
1.8.12: EXPENSES:
The Mayor shall be reimbursed for all sums necessarily incurred or paid by the Mayor in the
performance of the Mayor's duties or incurred when traveling on business pertaining to the City
under direction of the Council or in the ordinary performance of the duties of the Mayor;
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reimbursement shall only be made, however, when a verified itemized claim, setting forth the
sums expended for which reimbursement is requested, has been presented to the Council and by
such approved and allowed.
Chapter 9
OFFICERS
1.9.1: OATHS:
Each officer of the City shall take and subscribe such oath, as may be required by law of City
Officers, before a person authorized to administer oaths, which oath shall be filed with the Clerk.
No officer shall enter upon the duties of said office until said officer shall have taken, subscribed
and filed such oath.
1.9.2: BONDS:
The officers of the City before entering upon the performance of their duties shall, through the
City's insurance coverage, be deemed to have coverage compliant with provisions of Idaho Code
§59-804 for the terms and responsibilities of public officials or employees to the extent required
by the Idaho Code bonding requirements for public officials. The bond fee shall be paid by the
City.
1.9.3: APPOINTMENT AND REMOVAL:
The Council shall appoint or remove the City Attorney or confirm or fail to confirm the City
Manager's appointment or removal of a department head (whether or not also an officer) as
follows:
(A) Appointment or Removal of City Attorney: The City Council shall, by majority vote of the
full Council (e.g., a vote of at least 3 members of a 5 member board), appoint or remove the
City Attorney.
(B) Appointment or Removal of the City Prosecutor: The City Council shall, by majority vote of
the full Council (e.g., a vote of at least 3 members of a 5 member board), appoint or remove
the City Prosecutor.
(C) Appointment of Department Heads: The City Manager may appoint acting department heads
at any time. The City Manager shall appoint permanent department heads subject to Council
confirmation. The Council confirmation shall be by majority vote of the full Council held
prior to presenting a formal offer to the candidate.
(D) Removal of Department Heads: The City Manager may temporarily remove any officer or
Department Head (other than the City Attorney or Prosecutor) at any time pending Council
action. The City Manager shall present to the Council in executive session, pursuant to Idaho
Code section 67-2345(1)(b) or its successor, personnel issues, the basis for the permanent
removal of the officer or department head. The Council shall confirm or fail to confirm the
permanent removal in open session by majority vote of the full Council.
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(E) Exceptions: These appointment and removal procedures may be amended by written
contract.
1.9.4: PERSONNEL RULES; APPLICABILITY:
The rights and duties of employees are defined by the personnel policy manual adopted and
amended from time to time by resolution of the Council. The City Manager, City officers and
department heads are exempt employees. The City Manager, City officers and department heads
shall perform such supervisory and grievance duties as are assigned to them by the personnel
policy manual.
1.9.5: PERSONS APPOINTED TO MORE THAN ONE OFFICE:
Nothing shall prohibit an individual from being appointed to more than one office.
1.9.6: DEPUTY OFFICERS:
There is hereby created the office of Deputy City Clerk, and the City Clerk is hereby authorized
to appoint one or more deputy City Clerks with the consent of the City Manager. There is hereby
created the office of Deputy City Treasurer, and the City Treasurer is hereby authorized to
appoint one or more Deputy City Treasurers with the consent of the City Manager. An individual
in the classified service cannot serve as a deputy officer.
1.9.7: OFFICERS, CONTRACTOR AND EMPLOYEE STATUS:
The City Council may elect to have officers who are not employees. Where such election is
made, a contractual relationship shall be provided for, with such contract to be approved or
rescinded in the manner provided for appointment and removal of officers in Idaho Code,
sections 50-204 and 50-206.
1.9.8: DEPARTMENTS DESIGNATED AND OFFICERS AND/OR DEPARTMENT
HEADS LISTED BY TITLE:
The City of McCall deems it necessary for the efficient operation of the City to create the
following departments of the City, each to be administered by a department head.
Department
Responsible Officer and/or Department Head
Airport
Airport Manager
Clerk
City Clerk
Community Development
Community Development Director
Finance Treasurer
Golf
Golf Superintendent
Information Systems
Information Systems Manager
Parks and Recreation Parks and Recreation Director
Police (Police Chief
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Public Works
Public Works Director
The McCall Public Library
Library Director
1.9.9: OFFICERS' DUTIES
The rights, duties and responsibilities of each City officer and the City Prosecutor are:
(A) City Clerk:
1. Duties and Meetings: The City Clerk shall attend all meetings of the City Council, and
keep a true and accurate journal of the proceedings of the Council to be known as the
minutes.
2. Custodian of Seal: The City Clerk shall be the keeper of the Seall of the City and shall
affix it to all documents; which by law are required to be attested with the Seal of the
City.
3. Custodian of Records: The City Clerk shall have the custody of and shall safely keep all
records, documents, contracts, bonds and all other papers and instruments belonging to
the City until disposed of in accord with Idaho Code 50-907. It shall be the Clerk's duty
to keep the original ordinances passed by the Council. The Clerk shall attach to each copy
of an ordinance thus made a certificate signed by the Clerk and attested with the Seal of
the City to the effect that the copy is a true and correct copy of the ordinance as passed.
4. Certified Instruments: Upon payment of the fees therefore fixed in accord with resolution
of the Council, the Clerk shall furnish any person applying therefore a certified copy of
any record, ordinance, paper or document in the Clerk's possession as such Clerk except
those records exempt by law from disclosure or copying. All fees shall be accounted for
and paid to the treasurer of the City.
5. Processing Public Records Requests: The Clerk shall oversee the processing of open
records requests as required by the Idaho public records act, the "act", sections 9-335 to
9-350, Idaho Code; and, provided further, pursuant to a fee schedule enacted by
resolution of the Council, the Clerk shall charge fees for providing copies of such public
record and, as provided by the act, for the administrative and labor costs of locating and
providing access to the copies of such records.
6. General Duties: The Clerk shall do and perform such other duties as may be required
from time to time by order of the Council or as prescribed in Title 50, Idaho Code.
(B) City Treasurer: The Treasurer's principal areas of responsibility are accounting for all City
funds and managing financial transactions and activities of the City to include:
1. Cash management as custodian of all money belonging to the City;
2. Overseeing the debt of the City through a separate account of each fund or appropriation,
and the debits and credits belonging thereto;
Page 13 of 17
Ordinance 895
February 9, 2012
3. Complying with all financial policies of the City and GASB (Governmental Accounting
Standards Board) financial reporting standards and the laws of the State of Idaho;
4. Receipting, either personally or through a representative of the City, every person paying
money into the treasury, thereon specifying the date of payment and on what account
paid; and also file copies of such receipts with the monthly reports;
5. Management of purchasing, accounts payable, Utility Billing, and grants;
6. Management of City investments in Local Improvement District accounting;
7. Reporting an account of all receipts and disbursements, together with all warrants
redeemed and paid by the Treasurer, to the Council at each regular meeting of the
Council, copies of which shall be filed with the Treasurer's said account in the Clerk's
office;
8. Record keeping of all outstanding bonds against the City showing the number, amount of
each, and to whom said bonds were issued; and when any bonds are purchased, paid or
canceled, and record shall show the fact; and
9. Preparing and publishing financial reports and the City's annual budget to include a
description particularly of the bonds issued and sold during the year and the terms of the
sale with each and every item of expense thereof.
(C) City Attorney: The City Attorney shall:
1. Be a member in good standing of the Idaho state bar;
2. Be the legal advisor of the municipal corporation;
3. Represent the City in all civil suits or proceedings in which the City is interested;
4. Attend all Council meetings;
5. Report to the Council on legal and policy matters at their request and direction;
6. Perform such other duties as may be prescribed by ordinances and resolutions duly
passed.
Nothing herein, however, shall preclude the City from employing alternative additional counsel
when deemed advisable, such as when retaining bond counsel, or when the City Attorney retains
other temporary assistance as provided for in the budget respecting that office.
(D) City Prosecutor: The City shall by contract hire a prosecuting attorney to prosecute those
violations of County or City ordinances, state traffic infractions, and state misdemeanors
committed within the municipal limits; and in so doing, shall exercise the same powers as the
county prosecutor including, but not limited to, granting immunity to witnesses. The City
Prosecutor shall be a member in good standing of the Idaho state bar.
Page 14 of 17
Ordinance 895
February 9,2012
(E) Police Chief: The Chief of Police shall be Chief of the police force and all full-time or
reserve police officers shall be subordinate to the Chief and subject to the Chiefs orders. It
shall be the Chiefs duty to cause the public peace to be preserved and to see that all laws and
provisions of this code are enforced within the City limits. The Chief, and through the chief,
the police department, have the responsibilities stated in section 5.1.020 of this code.
Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See chapter 4 of this title.
Chapter 10
BOARDS, COMMITTEES AND COMMISSIONS
1.10.1: TEMPORARY CITY ADVISORY COMMITTEES:
Pursuant to Idaho Code, section 50-210, the City of McCall deems it necessary or expedient to
the efficient operation of the City to have citizen advisory committees including, but not limited
to,those named below:
Airport Advisory Committee
Environmental Advisory Committee
Golf Course Advisory Committee
Historic Preservation Commission
McCall Improvement Committee
Parks and Recreation Advisory Committee
Transportation Advisory Committee
Tree Advisory Committee
The Council shall assign duties and responsibilities to each of these committees by motion of the
Council and provide for the committees' organizations. Members shall be appointed and removed
according to the procedure set out in section 1.10.3 of this title.
1.10.2: PERMANENT BOARDS AND COMMISSIONS:
There shall be the following permanent boards and commissions whose existence, duties and
responsibilities are provided by the Idaho Code:
(A) The Planning and Zoning Commission further provided for in Title 3 of this Code; and
(B) The Library Board of Trustees constituted as provided in the Idaho Code, Title 33, chapter
26.
1.10.3: APPOINTMENT AND REMOVAL:
(A) Committee Vacancies: When a vacancy on a committee occurs, the City shall advertise for
replacement candidates for a minimum of two (2) weeks. The City staff shall provide
Council with copies of all responses. The City staff, in consultation with the appropriate
committee, shall review the qualifications of those interested in serving on the committee and
Page 15 of 17
Ordinance 895
February 9,2012
provide the Council with input to accompany the packet of information on prospective
replacements.
(B) Appointment of Committee Members: The City Manager, or other designated member of the
City staff, shall present to the Council recommendations for appointments of members of all
committees. The Council shall confirm or fail to confirm the appointment by majority vote of
the full Council in open session. Members of committees have an obligation to perform their
duties and conduct themselves in a professional manner that is consistent with the
committee's charter, Council's guidance, and in a manner that does not reflect adversely upon
the City.
(C) Removal of Committee Members: A member of a committee may be removed as follows:
1. The chair of any advisory committee may, upon receiving a majority vote of the
committee, request to the City Manager that the member be temporarily removed pending
Council action. The chair shall present to the Council the basis for removal in open
session. The Council shall remove or fail to remove the committee member by majority
vote of the full Council.
2. The City Manager may temporarily remove a committee member and request the
member's permanent removal from the committee if the member has acted in such a
manner to bring discredit to the City or has acted in a manner that is clearly in violation
of the expectations of the Council, or displayed conduct that is malicious or capricious in
nature. The City Manager shall present the reasons for removal to the Council at the next
regularly scheduled City Council meeting. The Council shall permanently remove or fail
to remove the member by majority vote of the full Council.
Chapter 11
MCCALL REDEVELOPMENT AGENCY
1.11.1: MCCALL REDEVELOPMENT AGENCY ESTABLISHED
Pursuant to Idaho Code, section 50-2006, the City of McCall created by resolution an urban
renewal agency to be known as the McCall Redevelopment Agency.
1.11.2: MCCALL REDEVELOPMENT AGENCY BOARD OF COMMISSIONERS;
APPOINTMENT AND TERM:
The Mayor, by and with the advice and consent of the Council, shall appoint a Board of
Commissioners of the McCall Redevelopment Agency which shall consist of seven (7) members.
The term of office of a Commissioner shall be three (3) years, and such terms shall be staggered
such that three (3) are appointed every three (3) years commencing in 1992 and two (2) are
appointed in each other year. Nothing in this Section shall be construed to change the term of
office of any Commissioner presently serving.
Page 16 of 17
Ordinance 895
February 9,2012
1.11.3: DUTIES OF MCCALL REDEVELOPMENT AGENCY BOARD OF
COMMISSIONERS:
The duties of the McCall Redevelopment Board of Commissioners shall be as set forth in
chapters 20 and 29 of Title 50, Idaho Code, and applicable City ordinances now and hereafter
adopted.
Chapter 12
ELECTIONS
1.12.1: HOURS OF OPENING AND CLOSING POLLS FOR CITY GENERAL AND
SPECIAL ELECTIONS:
At all general and special City elections the polls shall be open for voting at the hour of eight
o'clock(8:00)A.M. and remain open until eight o'clock(8:00) P.M. of the same day.
Section 4: This Ordinance shall be in full force and effect upon its approval and
passage.
Section 5: If any provisions of this Ordinance shall be deemed illegal or
unenforceable, such determination shall not operate to invalidate the remaining provisions of this
Ordinance.
PASSED AND APPROVED BY THE COUNCIL AND MAYOR OF THE CITY OF
MCCALL, IDAHO, THIS 9 DAY OF FEBRUARY, 2012.
APPROVED:
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`1:&f DONALD C. BAILEY, MAYOR
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BESSIEJO W fir ER, CI ✓ CLERK
Page 17 of 17
Ordinance 895
February 9,2012
A SUMMARY OF ORDINANCE NO. 895
PASSED BY THE CITY OF McCALL,IDAHO
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO,
AMENDING SECTIONS 1.1.1, 1.1.2, 1.1.4 AND 1.1.7 OF CHAPTER 1 ADOPTION OF
OFFICIAL CODE OF TITLE 1 ADMINISTRATIVE TO PROVIDE FOR THESE
SECTIONS TO HAVE DOTS BETWEEN THE SECTION NUMBERS; TO REPEAL THE
REMAINING SECTIONS 1.1.3, 1.1.5, AND 1.1.6 OF CHAPTER 1 ADOPTION OF
OFFICIAL CODE OF TITLE 1 ADMINISTRATIVE, AND TO REPEAL CHAPTERS 2, 3,
4, 5, 6, 7, 8, 9, 10, 11 AND 12 OF THE MCCALL CITY CODE TITLE 1
ADMINISTRATIVE, AND RE-ENACTING SAID SECTIONS AND CHAPTERS OF
TITLE 1 ADMINISTRATIVE OF THE MCCALL CITY CODE; AND PROVIDING AN
EFFECTIVE DATE.
This ordinance reformats the numbering of the code sections in Title 1, McCall City Code.
Other amendments changed gender specific references to gender neutral references where the
code applied to male and female persons; it corrects the reference to the official city newspaper;
it provides new procedures for initiatives and referenda to comply with state law; it creates a new
requirement that the City Manager take an oath of office; it makes the surety bond requirements
for the City Manager consistent with state law; it changes the procedure for appointment of a
temporary City Manager; it clarifies the power and duties of a City Manager; it aligns city code
with state law for qualifications and term of office for City Council members; it allows the City
Council to modify its meeting schedule by resolution; it clarifies the salary and benefits granted
to members of the City Council; it provides for out-of-pocket expense reimbursement to City
Council members incurred while conducting official city business. The ordinance clarifies that
the City Council is a legislative, not an administrative or executive branch of city government.
The ordinance sets out the duties, salary and expense reimbursement for the Mayor. A new
section specifies that City officers' surety bonds will match the requirements imposed by state
law. A new section sets the appointment and removal threshold for City Prosecutor. A provision
is made for appointment of Deputy City Clerk. The section for designation of city departments
and duties of department heads is revised and expanded. New code sections govern the process
for appointment and removal of members of the City's Boards and Commissions.
The Ordinance shall be effective upon its passage, approval and publication as required by law.
The full text of the Ordinance is available for review at City Hall and will be provided by the
City Clerk to any citizen upon personal request, or can be viewed on the City website at
www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 9 DAY OF
FEBRUARY, 2012.
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ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 895
Certification of City Legal Advisor
of the Summary prepared
for the above-numbered Ordinance
The undersigned City of McCall Legal Advisor, having reviewed the above-
numbered Ordinance and the Summary for the above-numbered Ordinance, believes the
Summary of the above-numbered Ordinance is true and complete and that it provides
adequate notice to the public of the identity and principal provisions of the Ordinance.
Dated this day of February, 2012.
illiam F. Nic ols
{
City of McCall
Certificate of Recording Officer
STATE OF IDAHO }
}
County of Valley }
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do
hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct
journal of the proceedings of the Council of the City of McCall, Idaho, and that I am
statutory custodian of all laws, ordinances and resolutions of said City.
2. That the attached Ordinance No. 895 is a true and correct copy of an ordinance passed
at a regular meeting of the Council of the City of McCall held on February 9, 2012
and duly recorded in my office; and
3. That said regular meeting was duly convened and held in all respects in accordance
with law and to the extent required by law, due and proper notice of such meeting and
that a legally sufficient number of members of the Council voted in the proper
manner and for the passage of said ordinance; and that all other requirements and
proceedings incident to the proper adoption and passage of said ordinance have been
duly fulfilled, carried out and observed; and that I am authorized to execute this
certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of McCall, Idaho this 17 day of February 2012.
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