Spokane Municipal Code

Title 03 Administration and Personnel

Chapter 03.14 Public Rule Authority

Section 03.14.020 Definitions

 

1. "Administrative Policies and Procedures" are used by City departments to inform other departments and staff of policies and procedures for the direction and management of Citywide operations and which are not enforceable against members of the general public.

2. “Contested Case" means any proceeding before a department in which the legal rights, duties, or privileges of specific parties are required by ordinance to be determined after a hearing by the Hearing Examiner or the City Council.

3. "Department" means the City of Spokane or any of its divisions, departments, or offices including, but not limited to, any City board, commission, committee, officer, or department, including the City Council and its committees, when acting in accordance with or pursuant to authorization by ordinance or Charter to make rules, hear appeals, or adjudicate contested cases.

4. "Departmental Policies and Procedures" are informative directives for internal departmental management and operation of City departments. They affect primarily or exclusively single departments, divisions, or offices.

5. "Executive Orders" formalize specific decisions of the Mayor and/or city administrator and, except in cases of civil emergencies, are not enforceable against members of the general public.

6. “Hearing” means a proceeding before the City Council to consider the adoption, modification, or repeal of any Public Rule.

7. "License" includes those City -issued permits, certificates, approvals, registrations, or forms of permission required before a Person may engage in any activity within the City of Spokane.

8. “Person " means any individual, partnership, corporation, association, or public or private organization of any character.

1. "Public Rule" means any department order, directive, policy or regulation, however denominated and including amendment or repeal of an existing rule, which applies to the general public and which, if violated, subjects a person to a penalty or administrative sanction, including, but not limited to, an order, directive, or regulation which affects:

1. 1. Procedures, practices or requirements relating to department hearings;

1. 2. Qualifications, standards, or fees imposed for the issuance, suspension, or revocation of licenses or permits;

1. 3. Any rule intended to implement any tax, fee or charge;

1. 4. Mandatory standards which must be met before the distribution or sale of products or materials;

1. 5. Any qualification, requirement, or process relating to the enjoyment of benefits or privileges conferred by law and administered by a Department; or

1. 6. Any program affecting the seizure, storage or disposition of personal property not otherwise owned or leased by the City.

10. “Regulation” means any statement of general applicability and intending to have the force of law.

11. The term “Public Rule” does not include the following:

1. 1. Administrative Policies and Procedures, Departmental Policies and Procedures, or Executive Orders;

1. 2. Rules, regulations or administrative determinations promulgated under Title 17 of the Spokane Municipal Code unless intended to have general applicability;

1. 3. Any policy or rule relating to the hiring, firing, or promotion or access to benefits, of any City employee, including any rights conferred by a collective bargaining agreement;

1. 4. Rules relating to the use of public ways and property when the substance of such rules is indicated to the public by means of signs or signals; and

1. 5. Any rule or regulation issued by the Hearing Examiner in a Contested Case.

 

Date Passed: Monday, November 24, 2025

Effective Date: Tuesday, January 7, 2025

ORD C36752 Section 3