HomeMy WebLinkAbout5802ORDINANCE NO. 5 8 0 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CHAPTER 2.06 OF THE AUBURN CITY
CODE, TITLED "CITY COUNCIL" AND APPROVING THE RULES OF
PROCEDURE OF THE CITY COUNCIL OF AUBURN, WASHINGTON
WHEREAS, the Rules of Procedure of the City Council of the City of Auburn,
Washington, are currently contained in Chapter 2.06 of the City Code; and
WHEREAS, with little exception, these rules are not required to be adopted in
ordinance form; and
WHEREAS, in order to provide a greater flexibility in adjusting the Rules of
Procedure, it would be appropriate to provide for their adoption by Resolution instead;
and
WHEREAS, there are also other amendments to the processes of the City Council
and its meetings that would be appropriate for convenience and expediency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. AMENDMENT OF CITY CODE: Chapter 2.06 of the Auburn City
Code is amended to read as follows:
Sections:
2.06.010
2.06.020
2.06.030
2.06.040
2.06.050
2.06.060
2.06.070
O~inance No. 5802
Januaw 20,2004
Page 1
Chapter 2.06
CITY COUNCIL
Meetings - Time.
Meetings - Place.
Regular meetings.
Special meetings.
Meetings - Attendance failure - Office forfeiture.
Procedure of the City Council.
g,,~li¢ ~fin~ ~n~ ~v~,fi~
2.06.!!0
2,0e.150
2.06.4nn,~
2.0e. ~ 80
2.06.010 Meetings - Time.
Commencing with the first regular-council meeting in January, 1984, the city
council shall hold regular meetings on the first and third Mondays of each month, at
7:30 p.m. and concluding no later than 11:00 p.m.; provided, however, that when the
day fixed for any regular meeting of the council falls upon a day designated by law as a
legal or national holiday, such meetings shall be held at the same hour on the next
succeeding day not a holiday. (Ord. 3916 § 1, 1983; 1957 code § 1.04.010.)
2.06.020 Meetings - Place.
All regular meetings of the city council shall be held in the council chambers
situated in the City Hall building, 25 West Main Street, Auburn, King County,
Washington, and shall be open to the general public. (Ord. 3759 § 1, 1982; 1957 code §
1.04.020.)
2.06.030 Regular meetings.
Regular meetings of the city council shall be held on the times and dates as may
be heretofore or hereafter set forth by ordinance. (1957 code § 1.04.060.)
2.06.040 Special meetings.
Special meetings of the city 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 12 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 to the local press, radio and television as
will be reasonably calculated to inform the city's inhabitants of the meeting. (1957 code
§ 1.04.070.)
Ordinance No. 5802
Januaw 20,2004
Page 2
2.06.050 Meetings - Attendance failure - Office forfeiture.
A ~ucm~c~mCouncilmember shall forfeit his/her office if he fails to attend three
consecutive regular meetings of the council without being excused by the ...... nM~,,nr
(Ord. 2907 § 2, 1976.)
2.06.060 r,,~,~+~,.,,.,o a**.~.,,; .... h,, ,.i+,, ,,m ......... ~ ...... ~ul,:,, of Procedure of
the City Council.
o,]~h I~*h ~ fi .... *h ....... U .... di,~+ (195? ~ ~ ! fid 4rtl ~Th~ R les of
Procedure of the City Council of Auburn Washinqton, shall be as approved by a majority
vote of the City Council.
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Ordinance No. 5802
January 20, 2004
Page 3
Ordinance No. 5802
January 20, 2004
Page 4
2
~ Ta +haoa ~ha o~ ra~aan;~ian ~ram fha flaar
Ordinance No. 5802
January 20, 2004
Page 5
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Ordinance No. 5802
Janua~ 20,2004
Page 6
Section 2. RULES OF PROCEDURE OF THE CITY COUNCIL: The City
Council of the City of Auburn, Washington adopts the RULES OF PROCEDURE OF
THE CITY COUNCIL as attached hereto, marked as Exhibit "A" and incorporated herein
by this reference.
Section 3. FUTURE AMENDMENTS TO POLICY: At such times as the City
Council of the City of Auburn intends to amend or modify the RULES OF PROCEDURE
OF THE CITY COUNCIL, it is authorized and empowered to provide for such policy
amendment or modification by Resolution properly introduced and passed by the City
Council.
Section 4. CONSTITUTIONALITY OR INVALIDITY: If any section, subsection,
clause, phrase, or sentence of this Ordinance, is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality of the remaining portions of this
ordinance, as it is being hereby expressly declared that this ordinance and each
section, subsection, clause, phrase, or sentence, hereof would have been prepared,
proposed, adopted, and approved and ratified irrespective of the fact that any one or
Ordinance No. 5802
January 20, 2004
Page 7
more section, subsection, clause, phrase, or sentence, be declared invalid or
unconstitutional.
Section 5. EFFECTIVE DATE: This ordinance shall take effect and be in force
five (5) days from and after its passage, approval, and publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
FEB - 2 2oo4
FEB - 2 2004
ATTEST:
elle E. Daskam, Oity Olerk
PUBLISHED: ._~ - "? ~'
Ordinance No. 5802
January 20, 2004
Page 8
EXHIBIT "A"
'WAS H 1 N GTO N
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
TABLE OF CONTENTS
SECTION
SECTION
SECTION
AGENDA
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
1 - AUTHORITY
2 - COUNCIL MEETINGS
3 - ORDER OF BUSINESS OF REGULAR MEETING COUNCIL
4 - COUNCILMEMBER ATTENDANCE AT MEETINGS
5 - PRESIDING OFFICER - DUTIES
6 - COUNCILMEMBERS
7 - DEBATES
8 - PARLIAMENTARY PROCEDURES AND MOTIONS
9 - VOTING
10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL
1 1 - PUBLIC HEARINGS AND APPEALS
12 - MAYOR PRO TEMPORE SELECTION PROCESS
13 - COUNCIL POSITION VACANCY
14 - COUNCIL MEETING STAFFING
15 - COUNCIL RELATIONS WITH STAFF
16 - COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS
17 - COUNCIL REPRESENTATION
18 - TRAVEL AUTHORIZATION
19 - CONFIDENTIALITY
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 1
2
2
4
7
8
8
9
10
12
12
13
14
14
14
15
14
18
18
19
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
SECTION 1 - AUTHORITY
The Auburn City Council hereby establishes 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
All 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.
I 2.03.100 Meeting coordination duties.
The 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
said public 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.)
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 2
A quorum shall constitute four or more Councilmembers for the transaction of
business.
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 Mayor Pro Tem shall
be seated to the Mayor's immediate left. 'When the Mayor Pro Tem is acting as
the Presiding Officer, in the absence of the Mayor, the Mayor Pro Tem 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 2.06.020 (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 City 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 to 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 Attorney and authorized staff members and/or consultants
authorized by the Mayor. The public is restricted from attendance.
Executive sessions may be held during Council Regular and Special meetings
and will be announced by the Mayor. 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).]
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 3
2.5
Cancellation of Meetings - Meetings may be canceled by a majority vote of the
Council and proper notice given by the City Clerk.
SECTION 3 - ORDER OF BUSINESS OF REGULAR MEETING COUNCIL
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
meeting. 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 distributed 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 the same of the Mayor in advance of the meeting.
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 appointments, where confirmation is called for, may be preceded
by discussion in executive session, where appropriate.
3.6 Agenda modifications
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 4
Changes to the Council's published agenda are announced at this time.
3.7 Public Hearings and Appeals
Individuals may comment on public hearing and appeal items, provided that
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 refer only to matters, information, documents and evidence presented at the
underlying hearing from which the appeal is taken, and no new information,
evidence or documents may be added, and argument on the appeal may only
deal with information, evidence and documents 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 total of fifteen (15) 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 Committees.
3.11 Councilmember Reports
The Mayor and Councilmembers may report on significant activities since the last
regular meeting, to inquire on matters of general City business, or to initiate
investigation or action on a matter of concern.
3.12 Consent Agenda
Approval of the Consent Agenda, including items considered to be routine and
non-controversial, may be approved by one motion. Items on the Consent
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 5
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
before the City 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 for a full reading of an 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.
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.
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 that 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.
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 6
3.16 Resolutions
All resolutions shall be in writing, and the titles thereof shall be read aloud by the
City Attorney 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 resolution may be waived upon a motion duly made,
seconded and approved by a majority of the councilmembers in attendance at
the council meeting.
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,
Provided that passage of any resolution for the payment of money shall require
the affirmative vote of at least 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).]
SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS
4.1
Councilmembers will inform the Mayor or City Clerk if they are unable to attend
any Council meeting, or if they knowingly will be late to any meeting. The minutes
will show the Councilmember as having an excused absence. Attendance at
Council special meetings is not mandatory and will not be considered for
purposes of RCW 35A. 12.060.
[See ACC 2.06.050]
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 7
SECTION 5 - PRESIDING OFFICER - DUTIES
5.1 Conduct of Meetings
The Presiding Officer at all meetings of the Council shall be the Mayor and in the
absence of the Mayor, the Mayor Pro Tem will act in that capacity. If both the
Mayor and Mayor Pro Tem are absent and a quorum is present, the Council shall
elect one of its members to serve as Presiding Officer until the return of the
Mayor or Mayor Pro Tem.
[See former ACC 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;
b. 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 classification 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, consider and vote, at a different place in the agenda without the necessity of
any vote thereon, notwithstanding their initial different placement on the written agenda.
[See former ACC 2.06.100 (1957 code § 1.04.170.); ACC 2.06.190 (1957 code § 1.04.210).]
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.
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 8
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.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 7 - DEBATES
7.1
7.2
7.3
7.4
7.5
Speaking to the Motion. - No member of the Council, including the Presiding
Officer, shall speak more than twice on the same motion except by consent of
the majority of the Councilmembers present at the time the motion is before the
Council.
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 Officer's duty to preserve order during meetings as provided in
Section 5.2a of these rules.
Courtesy. -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 which are germane and relevant to
the question or matter under discussion.
Transgression. - 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 shall be silent except to explain or continue in order. If 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 member, as the case may be, shall be silent except to
explain or continue in order.
Challenge 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.
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 9
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS
8.1
8.2
8.3
8.4
8.5
8.6
8.7
All City Council meeting discussions shall be governed by ROBERTS RULES OF
ORDER, NEWLY REVISED (latest edition).
If 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.
A motion that receives a tie vote is deemed to have failed, provided that except
where prohibited by law, the Mayor, as Presiding Official, shall be allowed to vote
to break a tie vote.
When making motions, Councilmembers shall be clear and concise and not
include arguments for the motion within the motion.
After a motion has been made and seconded, the Councilmembers may discuss
their opinions on the issue prior to the vote.
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,
provided 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 Attorney 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
at 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.
A motion may be withdrawn by the maker of the motion at any time without the
consent of the Council.
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 10
8.8
8.9
8.10
8.11
8.12
8.13
8.14
8.15
8.16
8.17
8.18
A motion to table is nondebatable and shall preclude all amendments or debates
of the issue under consideration. A motion to table is t'o 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 two-thirds' majority vote.
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 later time at the same meeting, or to a time certain at a future
Regular or Special City Council meeting.
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.
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.
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.
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.
Amendments are voted on first, then the main motion as amended (if the
amendment received an affirmative vote).
Debate of the motion only occurs after the motion has been moved and
seconded.
The Mayor, City Attorney or City Clerk should repeat the motion prior to voting.
The City Clerk will take a roll call vote, if requested by the Mayor, a
Councilmember, or as required by law.
When a question has been decided, any Councilmember who voted in the
majority may move for reconsideration, but no motion for reconsideration of a
vote shall be made until the next Regular City Council meeting.
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 11
8.19 The City Attorney shall act as the Council's parliamentarian and shall decide all
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 outcome of which vote shall be recorded in the official
minutes of the Council. Silence of a Councilmember during a voice vote shall 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
abstain from discussion and voting on a question because of a stated conflict of
interest or appearance of fairness.
9.4
Votes by Mayor- Except where prohibited by law, the Mayor, as Presiding
Official, shall be allowed to vote to break a tie vote.
[See former ACC 2.06.150 (1957 code § 1.04.150).]
SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO
COUNCIL
10.1
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 to the time restrictions of persons
addressing the Council when warranted, in the discretion of the Presiding Officer.
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 12
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
11.2
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:
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.
The proponent spokesperson shall speak first and be allowed (10)
minutes. Council may ask questions.
The opponent spokesperson shall be allowed ten (10) minutes for
presentation and Council may ask questions.
Each side shall then be allowed five (5) minutes for rebuttal, with the
proponent spokesperson speaking first, followed by the opponent
spokesperson.
The City Clerk shall serve as timekeeper during these hearings.
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.
Public
for or against a public issue:
Ao
hearings where a general audience is in attendance to present arguments
The Department Director or designee shall present the issue to the
Council and respond to questions.
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 Officer may make exceptions to the time restrictions
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 13
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.
Do
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.
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 - MAYOR PRO TEMPORE 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 Mayor Pro
Tem for such period as the Council may specify. The Mayor Pro Tem shall serve
in the absence or temporary disability 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 absence or disability.
[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 Council, a qualified person to fill the vacancy pursuant 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 MEETING STAFFING
14.1 Department Directors shall attend all meetings of the Council unless excused.
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 14
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 act as the Council's 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).]
SECTION 15 - COUNCIL RELATIONS WITH 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 Council's
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.
15.4
Councilmembers shall not attempt to coerce or influence 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 study without the
consent of a majority of the Council.
15.7
Individual requests for information can be made directly Department Directors
unless otherwise determined by the Mayor. If the request would create a change
in work assignments or City staffing levels, the request must be made through
the Mayor.
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 15
SECTION 16 - COUNCIL COMMITTEES AND CITIZEN ADVISORY
BOARDS
16.1 The Standing Committees of the City Council of the City of Auburn 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, and equipment
maintenance and operations. This Committee will coordinate equipment
rental matters with the Finance Committee and utility and streets property
matters with the Municipal Services 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 personnel, municipal court and
legal.
C. PLANNING AND COMMUNITY DEVELOPMENT:
Makes recommendations to the City Council as a whole on policies
relating to land use planning, zoning, annexation, building permits, human
services, parks and recreation, arts, museum, library, senior center.
d. MUNICIPAL SERVICES:
Makes recommendations to the City Council as a whole on policies
relating to police and fire, jurisdiction of all public buildings for the
maintenance and construction (exclusive of utility buildings), emergency
planning, cable TV, telecommunications, solid waste, airport, golf course,
cemetery, and City real property transactions including sale, lease, right-
of-way use, acquisition, and donations. This committee will coordinate
property transactions with other appropriate Council Committees.
E. COMMITTEE ON COMMITTEES:
There is created and established a Council Committee on Committees for
the city council, the appointment, duties and functions thereof to be as
follows:
1. Appointment. Membership of the Council Committee on Committees
shall consist of three Councilmembers having the longest tenure on the
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 16
City 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 Committee
on Committees. In the event of two or more members have equal tenure,
the Chair and members of the Council Committee on Committees shall be
selected on the basis of the largest number of 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 serve
on the new Council Committee on Committees or be allowed to vote on
the approval of the membership of the new committees.
2. Powers and Functions. The function of the Council Committee on
Committees is to supervise the formation and membership of all standing
committees of the City Council. The Council Committee on Committees
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 Committee on Committees 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 Committee on
Committees shall also recommend the Chair for each standing committee
of the City 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 exclusively 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 that 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 to that
particular committee in the absence of a quorum.
3. Meeting Dates. The Council Committee on Committees 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 § 1.04.240).]
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
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 17
16.3
16.4
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.
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.
Advisory Boards, Committees and Commissions established by ordinance,
consisting of citizens appointed pursuant to the establishing Ordinance and
serving in the capacity and for the purposes indicated in the Ordinance, shall act
as an advisory committee to the City Council.
SECTION 17 - COUNCIL REPRESENTATION
17.1
If a Councilmember appears on behalf of the City before another governmental
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 Council majority may be expressed if the
Councilmember clarifies that these statements do not represent the City
Council's position.
Councilmembers need to have other Councilmember's concurrence before
representing another Councilmember's view or position with the media, another
government agency or community organization.
SECTION 18 - TRAVEL AUTHORIZATION
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
Councilmembers 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.
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 18
SECTION 19 - CONFIDENTIALITY
19.1
Councilmembers should keep confidential all written materials and verbal
information provided to them during Executive Sessions, to ensure that the City's
position is not compromised. Confidentiality also includes information provided to
Councilmembers outside of Executive Sessions when the information is
considered by the exempt from disclosure under exemptions set forth in the
Revised Code of Washington.
City Council Rules of Procedure:
Exhibit A, Ordinance No. 5802
City of Auburn City Council Procedures
Page 19