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HomeMy WebLinkAbout4615 RESOLUTION NO. 4 61 5 A RESOLUTION OF THE,CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE CITY COUNCiL RULES OF PROCEDURE AS ADOPTED BY ORDINANCE NO. 5802 AND AMENDED BY RESOLUTION , NOS. 4282, 4429, AND 4467 WHEREAS, on February 2, 2004, the Auburn City Council adopted Ordinance No. 5802 approving the Rules of Procedure of the City Council; and WHEREAS, Ordinance No. 5802 also provided that future amendments or modifications to the Council Rules of Procedure could be accomplished by Resolution properly introduced and passed by the City Council; and WHEREAS, on December 12, 2007, and December 15, 2008, and April 6, 2009, the City Council passed, Resolution Numbers 4282 and 4429, 4467 respectively, which Resolutions adopted certain modifications to the Council Rules of Procedure; and WHEREAS, the Council Committee on Commiftees has recommended additional modifications to the Rules of Procedure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH FtESOLVES AS FOLLOWS: Section 1. The Rules of Procedure of the Cify Council, as adopted by Ordinance No. 5802 on February 2, 2004; amended by Resolution 4282 on December 12, 2007, Resolution 4429 on December 15, 2008, and Resolution No. Resolution No. 4615 June 30, 2010 Page 1 of 2 4467 on April 6, 2009, are hereby amended as set forth in Exhibit "A", attached hereto and:incorporated herein. Section 2. The Mayor is hereby authorized to implement such adminisfrative procedures as may be necessary to carry out the directives of this legislation. Secfion 3. This Resolution shall take effect and be in full force and effect upon passage and signature hereon. DATED and SIGNED this ~day of , 2010. UBU ~ ETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APP VED O F RM: Daniel B. ` ity Attorney Resolution No: 4615 June 30; 2010 Page 2 of 2 . ' CITY OF * ~ WASHINGTON . RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON TABLE OF CONTENTS. SECTION 1 - AUTHORITY 2 SECTION 2- COUNCIL MEETINGS 2 SECTION 3- ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA 4 SECTION 4- COUNCILMEMBER ATTENDANCE AT MEETINGS 8 SECTION 5- PRESIDING OFFICER - DUTIES 9 SECTION 6 - COUNCILMEMBERS 10 SECTION 7 - DEBATES 10 SECTION 8- PARLIAMENTARY PROCEDURES AND MOTIONS 11 SECTION 9 - VOTING 13 SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 14 SECTION 11 - PUBUC HEARINGS AND APPEALS 14 SECTION 12 - DEPUTY MAYOR SELECTION PROCESS 15 S.ECTION 13 - COUNCIL POSITION VACANCY 16 SECTION 14 - COUNCIL MEETING STAFFING 16 SECTION 15 - COUNCIL RELATIONS WITH STAFF 16 SECTION 16 - COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS 17 SECTION 17 - COUNGL REPRESENTATION & INTERNAL COMMUNICATION 20 SECTION 18 - TRAVEL AUTHORIZATION 23 SECTION 19 - CONFIDENTIALITY 23 SECTION 20 - ENFORCEMENT OF RULES OF PROCEDURE 23 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE COTY OF AIJBURN, WASHINGTON SECTION 1 - AUTHORITY The Auburn City Council hereby esfablishes the following rules for the conduct of Council meetings, proceedings and business: These rules shall be in effect upon adoption by resolution of Council and until such time as they are amended or new rules _ are adopted in the manner provided by these rules. SECTION 2 - COUNCIL MEETINGS A11 meetings of the City Council shall be open to the public and all persons shall be permitted to attend any meeting of this body, except as provided in RCW Chapter 42.30. The City Clerk shall be responsible for preparing agendas for all City Council meetings pursuant.to the authority of Section 2.03.100 of the City Code'. The City Clerk shall cause to be prepared action minutes of all of the Council meetings, which minutes shall contain an account of all official actions of the Council. Council meetings shall be electronically recorded and retained for the period of time as provided by State law. 2.1 Regular Meetings - In accordance with Sections 2.06.010 and 2.06.020 of the City Code, the regular meetings of the City Council shall held on the first and third 'Mondays of every month'at in the City Hall Council Chambers located at 25 West Main Street, Auburn, Washington. The regular meeting location may be changed by a majority vote of the City Council. Regular Council meetings will begin at the hour of 7:30 p.m. A quorum shall constitute four or more Councilmembers for the transaction of business. ~ 2.03.100 IVleeting coordination duties. 'fthe mayor or the mayor's designee shall be responsible for the preparation of agendas for the meetings 'of the council and of the various boards, commissions and committees of the city, and for including in those agendas the items and issues appropriate for consideration by the council and the various boards, commissions and committees of the city. The mayor or the mayor's designee shall also be responsible for publishing notices for meetings and for public hearings for the meetings of the council and. the various boards, commissions and committees of the city, and for setting the dates and times for saici pu6lic hearings, except in those instances when setting dates and times for public hearings is required by statute to be done through council resolution. (Ord. 5761 § 1, 2003.) Page 2 AUBURN * MORE THAN YOU IMAGINED In the event that a scheduled Council meeting falls on a legal holiday, the meeting shall be held at 7:30 p.m. on the first business day following the holiday. The Mayor shall be seated at the center of the dais, and the Deputy Mayor shall be seated to the Mayor's immediate left. When the Deputy Mayor is acting as the Presiding Officer, in the absence ofi the Mayor; the Deputy Mayor shall be seated in the center of the dais. The seating arrangement for the other members of the Council shall be as directed by the Committee on Committees. [See ACC 2.06.010 (Ord. 3916 § 1, 1983; 1957 code § 1.04.010); ACC 2.46.020 (Ord. 3759 § 1, 1982; 1957 code § 1.04:020); ACC 2.06.030 (1957 code § 1.04.060); ACC 2.06.080 (1957 code § 1.04.090).] 2.2 Special Meetings - In accordance with Section 2.06.040 of the City Code and Section 35A.12.110 RCW, a special meeting of the C,ity Council may be called by the Mayor or any three members of.the Council by written notice delivered to each member of the Council at least 24 hours before the time specified for the proposed meeting; provided, however, that no ordinance or resolution shall be passed, or contract let or entered into, or bill' for the payment of money allowed, at any special meeting unless public notice of such meeting has been given by such notice fo the local press, radio and television as will be reasonably calculated to inform the city's inhabitants of the meeting. [See ACC 2.06.040 (1957 code § 1.04.070).] 2.3 Emergency Meetings - Emergency meetings may be called by.the Mayor, in accordance with Section 42.30.070 RCW, when by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by the City Council to meet the emergency, in which case, the meeting site notice requirements otherwise applicable shall not apply. 2.4 Executive Sessions - A Council meeting that is closed except to the Council, the Mayor, City Attomey and authorized staff members and/or consultants authorized by the Mayor. The public is restricted from attendance. Executive sessions may be held during Regular and Special meetings of the City Council and during Council Committee meetings, and will be announced by the Mayor or Chair. Executive session subjects are limited to considering such matters as permitted by State law. [See former ACC 2.06.070 (1957 code § 1.04.080).] 2.5 Cancellation of Meetings - Meetings may be canceled by a majority vote of the Council and proper notice given by the City Clerk. Page 3 ALJBLJRN 'k MORE THAN YOU IMAGINED SECTION 3- ORDER OF'BUSINESS OF REGULAR COUNCIL MEETIIVG AGENDA All items to be included on the Council's agenda for consideration should be submitted to the City Clerk, in full by 12:00 Noon on the Tuesday preceding each regular Council fmeeting. The City Clerk shall then prepare a proposed agenda according to the order of business, for approval by the Mayor, or his/her designee. A final agenda will then be prepared by the City Clerk and distribufed to Councilmembers as the official agenda for the meeting. The agenda format of the Regular City Council meeting shall be as follows: 3.1 Call to order.. The Mayor shall call the meeting to order. 3.2 Roll call. The_ City Clerk will call the roll. Councilmembers may request to be excused from a meeting by requesting #he same of the Mayor in advance of the meeting: The reason for the requesf shall be given at the time of the request. 3.3 Flag salute. The Mayor, Councilmembers and, at times, invited guests will lead the flag salute. 3.4 Announcements, Proclamations and Presentations A proclamation is defined as an official announcement made by the Mayor or the City Council regarding a non-controversial event, activity or special interest group - which has a major city-wide impact. 3.5. Appointments Appointing individuals to various committees; boards and commissions. Confirmation of appointrrents, where confirmation is called for, may be preceded by discussion in executive session, where appropriate. 3.6 Agenda modifications Changes to the Council's published agenda are announced at this time. Page 4 AUBLTRN * MORE THAN YOU IMAGINED 3.7 Public Hearings and Appeals Individuals may comment, on public hearing and appeal items, provided thaf when an appeal is a closed record appeal, the matter shall be considered based on information, evidence and documents in the record. Argument on the appeal shall cefer only to matters, information, documents and evidence presented at the underlying hearing from which the appeal is taken, and no new information, evidence or documenfs may be added, and argument on the appeal may only deal with information, evidence and docurnents in the record. The Mayor will state the public hearing and/or appeal procedures before each hearing. 3.8 Audience Participation Members of the audience may comment on items relating to any matter related to City business under the Audience Participation period. Comments are limited to three (3) minutes per person, and a tofal of ffteen (45) minutes per topic. Groups who have a designated speaker may have a total of ten (10) minutes to speak. Public comments:sign-up forms will be available at the City Clerk's desk at each meeting for use of those citizens wishing to address the Council..The City Clerk shall serve as timekeeper. The ,Presiding Officer may make exceptions to the audience participation time restrictions when warranted, in the discretion of the 'Presiding, Officer. Citizens may also speak on individual agenda items on the printed agenda at the time they are considered by the Council as requested by the Mayor. 3.9 Correspondence 3.10 Council Committee Reports Council Committee Chairs report on action and activities of their respective CounCil Commitfees: In givinq Committee Reports, the Chair or ather committee member qiving the Report is encoutaqed to defer detailed reportinq reqardinq resolutions and ordinances that are.on the current Council aqenda. Then, durinq discussion on a motion, the Chair or other committee member is encouraqed to give a description of the intention, or process of consideration of the ordinance or resolution. 3.11 Councilmember Reports Councilmembers may report on significant activities since the last. regular meeting. Councilmember reports are to include only information coming from appointed positions. Councilmember reports are to be directed to fellow Councilmembers. ' 3.12 Consent Agenda Page 5 AjJBjJRN* MORE THAN YOU IMAGINED Approval of the Consent Agenda, including items considered to be routine and . non-controversial, may be approved by one motion. Jtems on the Consent Agenda include but are not limited to the following. Any Councilmember may remove any item from the Consent Agenda for separate discussion and action. A. Approval of minutes. B. Fixing dates for public hearings and appeals. C. Approval of claims and vouchers, bid awards and contracts. , D. Approval of surplus property. E. Other items designated by the City Council. 3.13 Unfinished Business Unfinished business of a general nature. 3.14 New Business Business, other than ordinances and resolutions, that. has not been previously beforethe Cify Council. 3.15 Ordinances All ordinances shall be in writing, and the titles thereof shall be read aloud by the City Attorney prior to a vote being called on their adoption, provided that any councilmember may upon request, have a full reading of the text of a proposed ordinance prior to the vote on its adoption. It shall not require a second to the request foc a full reading ofan ordinance. It is further provided, however, that the requirement for a reading of the title of the proposed ordinance, or a full reading of the text of the proposed ordinance may be waived upon a motion duly made, seconded and approved by a majority of the councilmembers in attendance at. the council meeting. - AfCer a motion to adopt an ordinance has been made and seconded, the . Councilmember making the motion is encoura eq d to -give a very brief description of the issues involved with the ordinance, without simply repeatinq the ordinance title as read bv the Cifv Attornev and may choose to comment on anv results of Committee action regarding the issue. Discussion and debate by the City Council on ordinances will be held prior to the vote on an ordinance. Councilmembers shall decide whether or not to amend the ordinance, or direct staff to further review the proposed ordinance. Rage 6 AUBURN 'k MORE THAN YOU IMAGINED An ordinance shall be adopted by a majority vote of a quorum of the City Council, Provided that adoption of any ordinance that grants or revokes a franchise or license shall require the affirmative vote of at least a majority of the whole membership of the Council, and Provided thaf public emergency ordinances require a vote of a majority plus one of the whole Council membership. A public emergency ordinance is one designated to protect public health and safety, public property, or public peace. 3.16 Resolutions All resolutions shall be in writing, and the titles thereof shall be read aloud by the Gity Attomey prior to a vote being called on their passage, provided that any councilmember may upon request, have a full reading of the text of a proposed resolution prior to the vote on its passage. It shall not require a second to the request for a full reading of a resolution. It is further provided, however, that the requirement for a reading of the title of the proposed resolution, or a full reading of the text of the proposed r'esolution may be waived upon a motion duly made, seconded and approved by a.majority of the councilmembers in attendance af the council meeting. After a motion to pass a resolution has been made and seconded, the Councitmember making the motion is encouraqed to qive a very brief description of the issues involved with the resolution without simply repeatinq the resolution title as read bv the City Attorney, and the councilmember may choose to comment on anv results of Committee action regardinq the issue. Discussion and debate by the City Council on resolutions will be held prior to the vote on a resolution. Councilmembers shall decide whether or not to amend the resolution, or direct staff to further review the proposed resolution. A resolution :shall be passed by a majority vote of a quorum of the Council, Provid'ed that passage of any resolution for the payment of money shall require tFie affirmative vote of at leasf a majority of the whole membership of the Council. 3.17 Adjournment ~ Recess - The foregoing agenda. may be interrupted for a stated time as called by the Presiding Officer to recess for any reason, including executive sessions. [See former ACC 2.06.110 (Ord. 5687 § 1, 2002; Ord. 4166 § 2, 1986); ACC 2.06.120 (1957 code § 1.04.120.); ACC 2.06.140 (1957 code § 1_04.140.); ACC 2.06.170 (1957 - code § 1.04.190.); ACC 2.06.180 (Ord. 5635 § 2, 2002; 1957 code § 1.04.200).] Page 7 AUBURN * MORE THAN YOU IMAGINED SECTION 4- COUNCILMEIVIBER ATTENDANCE AT MEETINGS 4.1 Councilmembers shall attend Regular Council meetings. Councilmembers will inform the Mayor or the City Clerk if they are unable to attend any Regular Council meeting, or if they knowingly will be late to any meeting. If a Councilmember has informed the Mayor or City Clerk that he or she is unable to attend such meeting _ , of,the Fease., stian he refeFeR9ed +►,e .,,oo+;nn min4cothe minutes for that meeting will show the Councilmember as having an excused absence for that meeting. Provided that.excessive or prolonged absences shall be addressed by the City.Council on a case by case basis. [See ACC 2.06.050 and RCW 35A.12.060] 42 Councilmembers shall attend the meetings of the Council Committees to which they are assigned, including meetings of the Council Committee of the Whole to which all Councilmembers are assigned. Councilmembers will inform the Chair of such Council Committees or the City Clerk if they are unable to attend any meetings of such Council Committees, or shall so inform the Chair or City Clerk if they knowingly will be late to _any such Council Committee meeting. If a Councilmember has informed the Chair or City Clerk that he or she is unable to attend such Committee meeting , , the minutes for that meeting will show the Councilmember as having an excused absence for that meeting. Provided that excessive or prolonqed absences shall be addressed by the Citv Council on a case bv case basis. 4.3 Councilmembers shall attend the Special Meetings of the City Council. -Councilmembers, will inform the Mayor or the City Clerk if they are unable to attend any such meetings, or shall so inform the Mayor or City Clerk if they . knowingly will be late to any such Special meeting: If a Councilmember has informed the Mayor or City Clerk that he or she is unable to attend such Special meeting mcetinn h~+ heen ~nher7~ ~Iorl ~~iF+inh re~c nn nr ~ nocr~l Ae~nrinfinn i+~F +Fe ~ ~-••n_-~. _-----r----• reaseR sh.,~l be rcferonnerl in +tie ,,,eo+;.,,. .,,;.,,,+o , the minutes for that meeting will show the Councilmember as having an excused absence for that meeting. Provided that excessive or prolonged absences shall be addressed by the CitY Council on a case by case basis: 4.4 Attendance at Council Committee meetings and Special meetings will not be considered "regular meetings" for the purposes of RCW 35A.12.060, applicable to Regular City Council meetings. However, in addition to the application of RCW 35A.12.060 to Regular City Council meetings, unexcused absences from Page 8 ~TT riU BURN *MORE THAN YOU IMAGINED any F°^uiF°d m°°+m^^°, Regular or Special meetings, or Committee meetings, shall constitute a violation of these Rules of Procedure. SECTION 5- PRESIDING OFFICER - DUTIES 5.1 Conduct of Meetings The Presiding Officer at all meetings of #he Council shall be the Mayor and in the absence.of the Mayor, the Deputy Mayor will act in that capacity. If both the Mayor and 'Deputy Mayor are absenf and a quorum is present, the Council shall elect one of its members to serVe as Presiding Officer until the retum of the Mayor or Deputy Mayor. [See formerACC 2.06.090 (1957 code § 1.04.100).] 5.2 The.Presiding Officer: A. Shall preserve order and decorum at all meetings of the Council and cause the removal of any person from any meeting for disorderly conduct; 6. Shall observe and enforce all rules adopted by the Council; C. Shall decide all questions on order; in accordance with these rules, subject to appeal by any Councilmember; D. Shall recognize Councilmembers in the order in which they request the floor, giving every councilmember who wishes an opportunity to speak, provided that the mover of a motion shall be permitted to debate it first, and provided that the Presiding Officer may also allow discussion of an issue prior to the stating of a motion when such discussion would facilitate wording of a motion; E. May affix approximate time limit for each agenda item; F. When matters on the agenda are placed, or are able to be placed under more than one classifcation or category, as defined by the Order of Business, and the matters involve or are closely related to other subject matter, then the Presiding Officer may, in the Presiding Officer's - discretion, present such matters before the Council, for discussion, considerand vote, at a differenf place in the agenda without the necessity of any vote thereon, notwithstanding their initial different placement on tFie . written agenda. [See former ACC 2.06.100 (1957 code § 1.04.170.); ACC 2.06.190 (1957 code § 1.04.210).] Page 9 AUBLJRN *MORE THAN YOU IMAGINED 1 SECTiON 6 - COUNCILMEMBERS 6.1 Remarks. - Councilmembers desiring to speak shall address the presiding officer, and when recognized, shall confine him/herself to the question under debate. 6.2 Questioninq. - Any member of the Council, including the Presiding Officer, shall have the right to question any individual, including members of the staff, on matters germane to the issue properly before the Council for discussion. Under, no circumstances shall such questioning be conducted in a manner to the extent that such would constitute a cross-examination of or an attempt to ridicule or degrade the individual being interrogated. 6.3 Obliqation to the Public Agencv. - Notwithstandinq the riQht of Councilmembers to_ express their independent opinions and exercise their freedom of speech, Councilmembers should act. in a wav that `reflects positivelv on the reputation of the Citv and of the community. Councilmerribers shall also interact with other members of the City Council and Citv staff in ways that promote effective local. . aovernment. 6.4 Councilmembers are expected to participate in training offered bv individuals, aaencies, entities and organizations including but not limited _to the Association of Washinqton Cities and the State of Washinqton, so as to afford the Councilmembers the opportunity to better understand their roles as Citv Gouncilmembers. 6.5 Councilmembers are encouraQed to participate in assignments to reqional, state and national committees, aqencies and orqanizations to better reqresent the . interests of the Citv of Auburn. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 7 - DEBATES 7.1 ~eakinq fo the Motion. - No member of the Council, including the Presiding . Officer, shall speak more than finrice on the same rnotion except by consent of the majority of the Councilmembers present at the time the motion is before the Council. 7.2 Interruption. - No member of the Council, including the Presiding Officer, shall interrupt or argue with any other member while such member has the floor, other than the Presiding Officers duty to preserve order'during meetings as provided in Section 5.2a of these rules. Page 10 AUBURN* MOItE THAN YOU IMAGINED 7.3 Courtesv. -All speakers, including members of the Council, which includes the Presiding Officer, in the discussion, comments, or debate of any matter or issue shall address their remarks to the Presiding Officer, be courteous in their language and deportment, and shall not engage in or, discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any other member of the Council, or any member of the_ staff or the pubic, but shall at all times confine their remarks to those facts wh_ich are germane and relevant to the question or matter under discussion. 7.4 TransQression. - If a member, of the Council shall transgress these rules on debates, the Presiding Officer shall call such member to order, in which case such member siiall be silent except to expla'in or continue in order. lf the Presiding Officer shall transgress these rules on debate or fail to call such member to order, any other member of the Council may, under a point of order, call the Presiding Officer or such other member to order, in which case the Presiding Officer or such memberY as the case may be, shall be silent except to explain or continue in order. 7.5 Challenpe to Ruling. - Any member of the Council, including the Presiding . Officer, shall have the right to.challenge any action or ruling of the Presiding Officer, or member, as the case may be, in which case the decision of the majority of the members of the Council present, including the Presiding Officer, shall govern. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 8- PARLIAMENTARY PROCEDURES AND MOTIOIVS 8.1 All City Council meeting discussions shall be governed by ROBERTS RULES OF ORDER, NEWLY REV/SED (latest edition). 8.2 Ifi a motion does not receive a second, it dies. Matters that do not constitute a motion include nominations, withdrawal of motion by the person making the motion; request for a roll call vote, and point of order or privilege; therefore a second is not needed. 8.3 A motion that receives a tie vote is deemed to have failed, provided that except whete prohibited by law, the Mayor, as Presiding Official, shall be allowed to vote to break a tie vote. 8.4 When making motions, Councilmembers shall be clear and concise and not include arguments for the motion within the motion. 8.5 After a motion has been made and, seconded; the Councilmembers may discuss their opinions on the issue prior fo the vote. Page 11 AUBURN'~ MORE THAN YOU IMAGINED 8.6 If any Councilmember wishes to abstain, from a vote on the motion pursuant to the provisions of Section 9 hereof, that Councilmember shall so advise the City Council, and shall remove and absent himself/herself from the deliberations and considerations of the motion, and shall have no further participation in the matter. Such advice shall be given prior to any discussion or participation on the subject matter or as soon thereafter as the Councilmember perceives a need to abstain, ptovided that, prior to the time that a Councilmember gives advice of an intent to abstain from an issue, the Councilmember shall confer with the City Attomey to - determine if the basis for the Councilmember's intended abstention conforms to the requirements of Section 9. If the intended abstention can be anticipated in advance, the conference with the City Attorney should occur prior to the meeting af which the subject matter would be coming before the City Council. If that cannot be done, the Councilmember should advise the City Council that he/she has an "abstention question" that he/she would want to review with the City Attorney, in which case, a brief recess would be afforded the Councilmember for that purpose. 8.7 A motion may be withdrawn by the maker of the motion at any time without the ' consent of the CounciL , 8.8 A motion to table is nondebatable and shall preclude all amendments or debates of the issue under consideration. A motion to table is to be used in instances where circumstances or situations arise which necessitate the interruption of the Councilmembers' consideration of the matter then before them. A motion to table, if passed, shall cause the subject matter to be tabled until the interrupting circumstances or situations have been resolved, or until a time certain, if specified in the motion to table. To remove an item from the table in advance of the time certain requires a finro-thirds' majority vote. 8.9 A motion to postpone to a certain time is debatable, is amendable and may be reconsidered at the same meeting. The question being postponed must be considered at a lafer time at the same meeting, or to a time certain at a future Regular or Special City Council meeting. 8.10 A motion to postpone indefinitely is debatable, is not amendable, and may be reconsidered at the same meeting only if it received an affirmative vote. 8.11 A motion to call.for the question shall close debate on the main motion and is not debatable. This motion must receive a second and fails without a two-thirds' vote; debate is reopened if the motion fails. 8.12 A motion to amend is defined as amending a motion that is on the floor and has been seconded, by inserting or adding, striking out, striking out and inserting, or substituting. Page 12 AUBURN'k MORE THAN YOU IMAGINED 8.13 Motions that cannot be amended include: Motion to adjourn, lay on the table, roll call vote, point of order, reconsideration and take from the table. A motion to amend an amendment is not in order. 8:14 Amendments are voted on first, then the main motion as amended (if the amendment received an affirmative vote). 8.15 Debate of the motion only occurs after the motion has been moved and seconded. 8.16 The Mayor, City Attorney or City Clerk should repeat the motion prior to voting. 8.17 The City Clerk will take a roll call vote, if requested by the Mayor, a Councilmember, or as required by law. , 8.18 When a question has been decided, any Councilmember who voted in the majority may move for reconsideration. In order to afford Councilmembers who voted in the majority the potential basis for a motion for reconsideration, Councilmembers who voted in the majority may inquire' of Councilmembers who voted with the minority as to the reasons for their minority vote, if not stated during debate prior to the vote. 8.19 The City Attomey shall act as the CounciPs parliamentarian and shall decide aU questions of interpretations of these rules which may arise at a Council meeting. 8.20 These rules may be amended, or new rules adopted, by a majority vote of the full Council. [See former ACC 2.06.160 (1957 code § 1.04.180.); ACC 2.06.170 (1957 code § 1.04.190.); ACC 2.06.200 (1957 code § 1.04.220.); ACC 2.06.210 (1957 code § 1.04.230).] SECTION 9 - VOTING 9.1 Voice vote - A generalized verbal indication by the Council as a whole of "yea or nay" vote on a matter, the oufcome of which vote shall be recorded in the official minutes of the Council. S'ilence of a Councilmember during a voice vote shatl be recorded as a vote with the prevailing side, except where such a Councilmember abstains because of a stated conflict of interest or appearance of fairness. 9.2 Roll call vote - A roll call vote may be requested by the. Mayor or by any Councilmember. 9.3 Abstentions - It is the responsibility of each Councilmember to vote when requested on a matter before the full Council. However, a Councilmember may Page 13 AUBURN*MORE THAN YOU IMAGINED abstain from discussion and voting on a question because of a stated conflict of interest or appearance of faimess. 9.4 Votes by._ Mavor - Excepf where prohibited by law, the Mayor, as Presiding Official, sfiall be allowed to vote to break a tie vote. [See former ACC 2.06.150 (4957 code § 1.04.150).] SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL10.1 Persons addressing the Council, who are not specifically scheduled on the agenda, will be requested to step up to the podium, give their name and address for the record, and. limit their remarks to three (3) minutes, in addition to filling out the speaker sign-in sheet available at the City Clerk's desk. All remarks will be addressed to the Council as a whole. The City Clerk shall serve as timekeeper. The Presiding Officer may make exceptions fo the time restrictions of persons addressing the Council when warranted, in the discretion of the Presiding Officer. 10.2 Any person making personal, impertinent or slanderous remarks while addressing the Council shall be barred from further audience participation by the Presiding Officer, unless permission to continue is granted by a majority vote of the Council. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 11 - PUBLIC HEARINGS AND APPEALS 11.1 Quasi judicial hearings require a decision be made by the Council using a certain process, which may include a record of evidence considered and specific findings made. The following procedure shall apply: A. The Department Director of the department (most) affected by the subject matter of the hearing, or said Director's designee, will present the City's position and findings. Staff will be available to respond to Council questions. B. The proponent spokesperson shall speak first and be allowed (10) minutes. Council may ask questions: C. The opponent spokesperson shall be allowed ten (10) minutes for presentation and Council may ask questions. Page 14 LTBURN'k MOIZE THAN YOU IMAGINED D. Each side shall then be allowed five (5) minutes for rebuttal, with the proponent spokesperson speaking first, followed by the opponent spokesperson. E. The City Clerk shall serve as timekeeper during these hearings. F. After each proponent and opponent spokesperson have used their speaking time, Council may ask further questions of the speakers, who shall be entitled to respond but limit their response to the question asked. 11.2 Public hearings where a general audience is in attendance to present arguments for or against a public issue: A. The Department Director or designee shall present the issue to the Council and respond to questions. 6. A person may speak for three (3), minutes. No one may speak for a second time until everyone who wishes to speak has had an opportunity to speak. The Presiding Offcer may make exceptions to the time restrictions of persons speaking at a public hearing when warranted, in the discretion of the Presiding Officer, C. The City Clerk shall serve as timekeeper during these hearings. D. After the speaker has used their allotted time, Council may ask questions of the speaker and the speaker may respond, but may not engage in further debate. E. The hearing will then be closed to public participation and open for discussion among Councilmembers. F The Presiding Officer may exercise changes in the procedures at a particular meeting or hearing, but the decision to do so may be overruled by a majority vote of the Council. SECTION 12 - DEPIJTY MAYOR SELECTION PROCESS 12.1 Biennially at the first meeting of a new Council, or periodically, the members thereof, by majority vote,. shall designate one of their members as Deputy Mayor for such period as the Council may specify. The Deputy Mayor shall serve in the absence or temporary disabilify of the Mayor. 12.2 In the event of extended excused absences or disability of a Councilmember, the remaining members by majority vote may appoint a Councilmember Pro Tempore to serve during the a6sence or disability. Page 15 $URN. =k MORE THAN YOU IMAGINED [See former ACC 2.06.090 (1957 code § 1.04.100)] SECTION 13 - COUNCIL POSITION VACANCY 13.1 In the event that an unexpired Council position becomes vacant, the City Council has ninety (90) days from the occurrence of the vacancy to appoint, by majority vote of a quorum of the Counc'il, a qualified person to fill the vacancy pursuanf to State law. The Council may make such appointment at its next regular meeting; or at a special meeting called for that purpose. If the Council does not appoint a person within the ninety (90) day period, the Mayor may make the appointment from among the persons nominated by members of the Council. SECTION 14 - COUNCIL MEETIIVG STAFFING 14.1 Department Directors shall attend all meetings of the Council unless excused. 14.2 The City Attorney shall attend all meetings of the Council unless. excused, and shall upon request, give an opinion, either written or oral, on legal questions. The , City Attorney shall acf as the CounciPs parliamentarian. The Assistant City Attorney shall attend meetings when the City Attorney has been excused. [See former ACC 2.06.060 (1957 code § 1.04.160).] SECTIOYV 15 - COUNCIL RELATIONS WITGi STAFF 15.1 There will be mutual respect from both City staff and Councilmembers of their respective roles and responsibilities when, and if, expressing criticism in a public meeting. 15.2 City staff will acknowledge the Council as policy makers, and the Councilmembers will acknowledge City staff as administering the CounciPs policies. 15.3 All written informational material requested . of City staff by any individual Councilmembers -shall be submitted to (or made available to) all Councilmembers, unless directed otherwise by the individual, receiving Councilmember(s), or unless other reasons preclude such distribution, in which case.the reasons shall'be communicated to the Councilmembers by the Mayor or designee. Page 16 AUBURN'k MORE THAN YOU IMAGINED 15.4 Councilmembers shall not attempt to coerce or infiuence City staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications or the granting of City licenses or permits. 15.5 Councilmembers shall not attempt to change or interfere with the operating rules and practices of any City department. - 15.6 No Councilmember shall direct the Mayor to. initiate any action or prepare any report that is significant in nature, or initiate any project or sfudy without the consent of a majority of the CounciL 15.7 Individual requests for information can be made directly to Department Directors unless otherwise determined by the Mayor. If the request would create a change in work assignments or City sfaffing levels, the request must be made through the Mayor. 15.8 Councilmembers shall treat City staff with courtesy and respect. 15.9 Any written communication with staff shall also include the Mayor as a recipient. SECTION 16 - COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS 16.1 The Standing Committees of the City Council of the City of Aubum are as follows: A. PUBLIC WORKS: Makes recommendations to the City Council as a whole on policies relating to water and sanitary sewer utilities, storm drainage, streets and policy matters involving construction, engineering, right-of-way use, street vacation and equipment maintenance and operations. This Committee will coordinate equipment rental and utility matters with the Finance Committee. B. FINANCE: In addition to the normal monitoring of the financial expenditures of the approved budget, this Committee will make recommendations to the City Council as a whole on policies relating to human resources, municipal court, legal, information services, and City ceal property transactions including sale, lease, acquisition, and donations. This committee will coordinate property transactions with- other appropriate Council Committees. C. PLANNING AND COMMUNITY DEVELOPMENT: Page 17 AUBURN *MORE THAN YOU IMAGINED Makes recommendations to the City Council as a whole on policies relating to land use planning and zoning, code enforcement, annexation, building permits, human services, parks and recreation, arts, museum, senior center, Mary Olson Farm, communications, economic development, community services, theater, and King County Library liaison. D. MUNICIPAL SERVICES: Makes recommendations to the City Council as a whole on policies relating to police, animal control, and maintenance of all public buildings, . emergency planning, cable N, telecommunications, solid waste, airport, golf course, and cemetery. E. COMMUNITY CENTER COMMITTEE Makes recommendations to the City Council as a whole on policies relating to development and ongoing use of the Community Center and Teen Center facilities at Les Gove Community Campus. F. DOWNTOWN REDEVELOPMENT COMMITTEE Makes recommendations to the City Council as a whole on policies relating to development in the Downtown Urban Core, Farmers Market, downtown development agreements and operating policies. G rnnnnnirrEE nni CnnnnnrrT~GCCOUNCIL OPERATIONS COMMITTEE: There is created and established a Council ~'~R#ee e; Gemm+#teesOperations Committee for the city council, the appointment, duties and functions thereof to be as follows: 1. Appointment. Membership of the Council G^Fnittee en (`nmmi#oaoOperations Committee shall consist of three Councilmembers having the- longest tenure on the Cify Council: Longest tenure is to be calculated as the total length of consecutive service as a Councilmember. The Councilmember with the longest tenure shall automatically be the Chair 'of the Council Operations Committee. In the eyent e€ two or more members have equal tenure, the Chair and members of the Council 02erations Committee shall be selected on the basis of the largest number ofi votes received at the most recent general election(s) in which the Councilmembers were respectively elected. It is provided, however, that Councilmembers whose term of office will expire prior to or during the first meeting of a new City Council and who have not been re-elected or appointed to another term of office extending beyond the first meeting of a new City Council shall not Page 18 AUBURN * MORE THAN YOU IMAGINED serve on the new Council ComFnoRee G^^n^nh*'eeeOperations Committee or be allowed to vote on the approvai of the membership of the new committees. 2. Powers and Functions. The function of the Council G^mme#°°s.0perations Committee is to supervise the formation and ' membership of all standing committees of the City Council. The Council r^mn^: e° g°°cOperations Committee shall, subject to the approval of a majority of the entire City Council, designate all of the standing committees of the City Council. In addition, the Council Operations Committee shall, biennially at the first meeting of a new City Council, or periodically, submit a list of the proposed members of all standing committees of the City Council for approval by a majority vote of the entire City Council. The Council Operations Committee shall also recommend the Chair for each, standing committee of the Cify Council, which recommendations shall also be subject to approval by a majority vote of the entire City Council. The membership of all standing committees of the City Council shall consist ezclusively of Councilmembers. Each chair of any standing committee of the City Council shall, in the absence of a . quorum at a meeting of his/her particular standing committee, have the authority to appoint a non-member of the standing committee, from the City Council to thaf standing committee for that meeting to create a quorum for that meeting, or in the chair's absence the vice-chairman shall be able to appoint another Councilmember #o that particular committee in the absence of a quorum. The function of the Council G^mm***°° G ^m m;**°°°Operations Committee is also to propose amendments to the Rules of Procedure of the City Council to the full City Council, and to address issues relating to the whole City Council and make recommendations for action by the full City Council relative to such issues. The Council Operations Gommittee shall also evaluate and recommend to the whole City Council any actions, responses or sanctions for violations by Councilmembers of these Rules of Procedure, which recommendation shall be considered, voted and/ or acted upon by the City Council in the normal course. 3. Meeting Dates. The Council Oqerations Committee shall meet biennially upon the seating of each new City Council or more often as needed. [See former ACC 2.06.220 (Ord. 4319 2, 3, 1989; Ord. 3937 § 1, 1984; Ord. 3606 § 1, 1981; Ord. 2786 § 1, 1974; Ord. 2745 § 1, 1973; 1957 code § 1.040240).] 16.2 The Mayor or a majority of the City Council may establish such ad hoc committees as may be appropriate to consider special matters that require special approach or emphasis. Such ad hoc committees may be established and Page 19 ALJBURN * MORE THAN YOU IMAGINED matters referred to them at study sessions, without the requirement that such establishment or referral take place at a regular City Council meeting. The Mayor shall appoint Council representatives to intergovernmental councils, boards and committees, including such ad hoc committees. 16.3 Ad hoc council committees shall consider all matters referred to them. The chair of such ad hoc committee shall report to the City Council the findings of the committee. Committees may refer items to the Council with no committee recommendation. 16.4 Advisory Boards, Committees and Commissions established by ordinance, consisting of citizens appointed pursuant to the establishing Ordinance and serving in #he capacity and for the purposes indicated in the Ordinance, shall act as an advisory committee to the City Council. 16.5 Committee Chairpersons shall have broad discretion in . conducting their meetings. They will generally follow Roberts Rules of Order, Newlv Revised. 16.6 Gommittee Chairpersons, or a majority of the members of the Committee, mav allow audience particiRation that is related to the agenda item beinq discussed bv the Committee, and 'audience participation regardinq subjects fallinq within the areas of responsibility of the Committee may come from anv non-member of the Committee, including members of the Citv Council who are in attendance. 16.7 Committee Chairpersons shall approve all agenda items and mav, at their discretion remove or add agenda items durinq the course of the meetinq. 16.8.. Prior to publication of the agenda in which minutes are to be approved bv the Committee, the Committee Chairperson, orthe person who will be presiding over the meeting, shall review the draft minutes of Committee meetinqs. SECTION 17 - COUNCIL REPRESENTATION & IIVTERNAL COMIVilJNICATIC?N 17.1 If a Councilmember appears on behalf of the City before another govemmental agency, a community organization, or through the media, for the purpose of commenting on an issue„ the Councilmember needs to state the majority position of the City Council, if known, on such issue. Personal opinions and comments which differ from those of the Councif majority may be expressed if the Councilmember clarifies that these statements do not represent the City Council's position. 17.2 Councilmembers need to have other Councilmember's concurrence before represenfing another Councilmember's view or position with the media, another governmenf agency or community organization. Page 20 AjJBURN * MORE THAN YOU IMAGINED 17.3 Councilmembers shall not knowingly communicate_with an opposing party or with an opposing attomey in connection with any pending or threatened litigation in which the City is a party or in connection with any disputed claim involving the City without the prior approval of the City Attomey, unless the Councilmember is individually a party to the litigation or is involved in the disputed claim separate from the Councilmember°s role as a City official. 17.4 Communication among Councilmembers shall conform to the followinq parameters: A. To assure that communication on aqenda items occurs to the qreatest extent possible at the public meetings, and to avoitl even the perception that email is being used as "sequential meetinqs," Councilmembers should refrain from emailing Councilmembers about such aqenda items. Councilmembers should be prepared to communicate about matters that are on upcominq Committee aqendas or Council agendas at the public meetings. If Councilmembers wish to share information with other councilmembers about matters thaf are on upcoming aqendas, the councilmembers should forward that information to the Mavor for distribution in the committee or council meetinq packets. B. Councilmembers may communicate via email to otherCouncilmembers, includinq to a quorum of a Council cornmittee or the full City Council about matters within the scope of the Committee's authority or related to Citv business but not yet scheduled on upcoming Cammittee or Council aqendas to indicate a desire that certain items be included on upcoming meeting aqendas; provided that Councilmembers shall never ask for responses from the other Councilmembers in that communication. C. Email communication among Councilmembers relatinq to Citv operations should also include the Mavor as a recipientladdressee. D. Councilmembers may email the Mayor about Citv business without limitations or restrictions. 17.5 Internet & Electronic Resources/Equipment Use. A. Policy. It is the policv of the City Council that Internet and electronic resources equipment use shall conform to and be consistent with the requirements of City af Auburn Administrative Policy and Procedure 500- 03 "Internet & Electronic Resources/Equipment Use - Elected Officials" adopted hereby and incorporated herein by this reference. It is imROrtant to note that all letters, memoranda, and interactive comquter communication involving City Councilmembers and members of advisory Page 21 BURN'k MCQRE THAN YOU IMAGINED boards and commissions, the subiect of which relates to the conduct of government or the performance of any qovernmental function, with exceptions stated bv the Public Records Act (RCW 42.56), are public records. B. Electronic Corrimunications. (1) Informal messaqes with no refention value and that do not relate to the functional responsibility of the recipient or sender as a public official, such as meetina notices, reminders, telephone messaqes and informal notes, do not constitute a public record. Users should . delete these messages once their administrative purpose is served. (2) All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records are subject ta public inspection and copyinq. (3) Electronic communications that are intended to be shared amonq a quorum of the City Councif or Council Committee, whether concurrently or serially, must be considered in light of the Open Public Meetings Act. If the intended purpose of the electronic communication is to have a discussion that should be held at an open meetinq, the electronic discussion shall not occur. Further, the use of electronic communication to form a collective decision of the Council shall not occur. (4) Electronic communication should be used cautiouslv when seekinq legal advice or to discuss matters of pendinq litiqation or other confidential Citv business. In qeneral, electronic communication is discoverable . in litiqation, and even deleted electronic communication is not necessarily removed from the svstem. Confidential electronic communications should not be shared with individuals other.than the intended recipients, or the attornev-client privileqe protectinq the document from disclosure mav be waived. (5) Efectronic communication between Cauncilmembers and between Councilmembers and staff shall not be transmitted #o the public or news media without the filinq of a public disclosure reguest with the City Clerk. (6) As a cautionarv note, if an elected public official uses his or her personal. home computer to send electronic communications dealing with Citv business, the electronic communications and electronic records may be subject to discoverv demands and public disclosure requesfs. That possibility amplifies the need for caution in how one uses electronic communication for Citv business. Page 22 AUBURN * MORE THAN YOU IMAGINED SECTIOtV 18 - TRAVEL Al1THORIZATIOIV 18.1 In accordance with. the City of Auburn travel policy, approvals or expenditure of travel related costs and/or approval of specific travel events or activities by Councilmembets beyond the authority provided in the travel policy shall be as. follows; the requesting Councilmember shall submit his/her request to expend travel related costs and/or request for authorization for specific travel purposes to the Mayor to be included on an upcoming Council meeting agenda in advance of the date(s) of such expenditure or travel. The City Council may pursuant to a motion, approve the request by a majority vote of a quorum of the City Council at the meeting in which the matter'is considered. SECTION 19 - CONFIDENTIALITY , 19.1 Councilmembers shall keep confidential all written materials and verbal information provided to them during Executive Sessions, to ensuce that the City's position is not compromised. Confidentiality also includes information provided to Councilmembers oufside of Executive Sessions when the information is considered by the exempt from disclosure under exemptions set forth in the Revised Code of Washington. SECTION 20 - ENFORCEMENT OF RULES OF PROCEDIJRE 20.1 Councilmembers shall conform their conduct to the requirements, standards and expectations set forth in these Rules of Procedure. In addition to and notwithstand.ing. whatever other enforcement mechanisms may exist for legal, ethical or practical obligations on Councilmember performance or conduct, violations of these Rules of Procedure by Councilmembers may be enforced by action of the City Council through sanctions such as votes of censure or letters of reprimand, and such other action as may be permitted by law: - ~ City Council Rules of Procedure: Adopted: February 2,.2004 Ortlinance No. 5802 Amended by Resolution No. 4282, December 17, 2007 Amended by Resolution No. 4429,.0ecember 15, 2008 Amended by Resolution No., 4467, April 6, 2009 Amended by Resolution No. 4615, Julv 6, 2010 Page 23 AUBURN * MORE THAN YOU IMAGINED