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HomeMy WebLinkAbout4813RESOLUTION NO. 4 8 1 3 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 ,4MENDED BY RESOLUTION NOS. 4282, 4429, 4467, 4615, 4686 AND 4740 WHEREAS, on February 2, 2004, the Aubum City Council adopted Ordinance No. 5802 approving the Rules of Procedure of the City Council; and WHEREAS, OMinance No. 5802 also provided that future amendments or mod�cations to the Council Rules' of Procedure could be accomplished by � Resolution prope�ly introduced and passed by the Ciry Council; and WHEREAS, on December 12, 2007, December 15, 2008, April 6, 2009, July 6, 2010, February 22, 2011, and August 15, 2011, the City Council passed Resolution Numbers 4282, 4429, 4467, 4615, 4686, and 4740 respectively; which Resolutions adopted certain mod�cations to the Council Rules of Procedure; and WHEREAS, the Council Operations Committee has recommended additionat mod�cations to the Rules of Procedure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A. REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 7. The Rules of Procedure of the City Council, as adopted by Ordinance No. 5802 on February 2, 2004, amended by Resolution No. 4282 on December 12, 2007, Resolution No. 4429 on December 15, 2008, Resolution No. 4467 on April 6, 2009, Resolution No. 4615 on July 6, 2010, Resolution Na 4686 on Resolution No. 4813 May.2, 2012. Page 1 of 2 February 22, 2011, and Resolution No. 4740 on August 15, 2011, are hereby amended as set forth in Exhibit "A", attached hereto and incorporated herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force and effect upon passage and signature hereon. DATED and SIGNED this ��S�day of `�'�� 201�,, , � ��= -� .. �� � . . . , �. ATTEST: - ������� Da ielle E. Daskam, City Clerk •...s � � • •� I ��•(► I i � . . _ - - . � . , ' ' , • - Resolution No. 4813 May 2, 2012 Page 2 of 2 . *��* * WASHINGTON RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON TABLE OF CONTENTS SECTION 1 - AUTHORITY SECTION 2 - COUNCIL MEETINGS SECTION 3- ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA SECTION 4- COUNCILMEMBER ATTENDANCE AT MEETINGS SECTION 5- PRESIDING OFFICER - DUTIES SECTION 6 - COUNCILMEMBERS �ECTION 7 - DEBATES SECTION 8- PARLIAMENTARY PROCEDURES AND MOTIONS $ECTION 9 - VOTING SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL SECTION 11 - PUBLIC HEARINGS AND APPEALS �ECTION 12 - DEPUTY MAYOR SELECTION PROCESS SECTION 13 - COUNCIL POSITION VACANCY �ECTION 14 - COUNCIL MEETING STAFFING SECTION 15 - COUNCIL RELATIONS WITH STAFF SECTION 16 - COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS SECTION 17 - COUNCIL REPRESENTATION 8 INTERNAL:COMMUNICATION SECTION 18 - TRAVEL AUTHORIZATION SECTION 19 - CONFIDENTIALITY SECTION 20 - ENFORCEMENT OF RULES OF PROCEDURE 2 2 4 8 9 10 1038�-'� 11 13�4 14 14 15�6 16 16�� 17 18 21 24 24 24 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON SECTION 1- AUTHORITY The Aubum City Council hereby establishes the following rules for the conduct of Gouncil 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 fhese 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 Glerk 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 foc 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 Meeting coordination duties. The mayoror the mayor's designee shall be responsible for the preparation ofagendas for the meetings of the council and of the various boards, commissions and committees of the city, and for including in 4hose 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 atso be responsible for publishing notices for meetings and for public hearings for the meetings of the council and the various boards, commissionsand committees of the city, and,for setting the dates and times for said public hearings, excepY 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 �JBi J� * MORE THAN YOU lMAGINED In the event that a scheduled Councif ineeting falls on a legal hoiiday, the meeting shall be held at 7:30 p.m. on the first business day following the holiday. The Presidinq Officer shall be as set forth in Section 5.1 herein. The AAaye�Presidina Officer shall be seated at the center of the dais, and the Deputy Mayor shall be seated to the WlayeFS-Presidinq Officer's immediate left. When the Deputy Mayor is acting as the Presiding Officer, in the absence of 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 Council Ooerations Committee-ea-Se�ni#ees. [Se.e 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 fhe 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, earEhquake, 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 othenvise 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. ExecuUve sessions may be held during Regular and Special meetings of the City Council and during Council Committee meetings; and will be announced by the MayeF-eF-SqaiFPresidind . Officer. Executive session subjects are limited to considering such rriatters as permitted by State law. [See former ACC 2.06.070 (1957 code § 1.04.080).] Page 3 AUBLJR�T * MORE THAN YOU IMAGINED 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 COUNCIL MEETING AGENDA All item§ to be included on the Council's agenda forconsideration 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 prepa�ed 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 Maye�Presidina Officer 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. The reason for the request shall be given at thetime of the request. 3.3 Flag salute. The AAayeFPresidinq Officer, Councilmembers and, aY times, invited guests will leatl#he flag salute. 3.4 Announcements, Proclamations and Presentations A proclamation is defined as an official announcement made by the AAayeFPresidinq Officer or the City Gouncil regarding a non-controversial event, activ'ity or special interest group which has a major city-wide impact. 3.5. Appointments Appointing individuals to various committees, boards and commissions. Confirrriation of appointments, where confirmation is called for, may be preceded by discussion in execufive session, where appropriate. 3.6 Agenda modifications Changes to the Council's published agenda are announced at this time. Page 4 � JBj J� # MORE THAN YOU LMAGINED 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 referonly 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 informa4ion, evidence and documents in the record. The MayeFPresidina Offlcer 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 cJiscretion 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 AAayeFPresidina Officer. 3.9 Correspondence 3.10 Gouncil Committee Reports Council Gommittee Chairs report on action and activities of their respective Council Committees. In giving Committee Reports, the Chair or other committee member giving the Report: is encouraged to defer defailed reporting regarding resolutions and ordinances tFiat are on the current Council agenda. Then, during discussion on a motion, the Chair or other committee member is encouraged to give a description of the intention, or process of consideration of the ordinance or resolution. Page S �J$[J� * MORE THAN YOU IMAGINED �� 3.�11 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 _. Agenda include but are.nof limited to the following. Any Councilmember may remove any item from the Consent Agenda for separate discussion and action. A. B. C. D. E. � 3.�312 Approval of minutes. Fixing dates for public hearings and appeals. Approval of claims and vouchers, bid awards and contracts. Approval of surplus property. Other items designated by the City Council. Unfinished Business Unfinished business of a general nature. � 3.�413 New Business Business, other than ordinances and resolutions, that has not been previously befare the City Council. � 3.�514 Ordinances Page 6 All ordinances shall be in writing, and the titles thereof shall be read aloud by the City Attomey p�ior 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 i4s adoption. It shall not require a second to the request for a fuU reading of an ordinance. It is furtherprovided, 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. After a motion to adopt an ordinance has been made and seconded, the Councilmember making tlie motion is encouraged to give a very brief description of the issues involved with the ordinance, without simply repeating the ordinance AUBLTRN * MORE THAN YOU IMAGINED title as read by the City Attomey and may choose to comment on any results of Committee action regarding the issue. Discussion and debate by the City Council on ordinances will be held priorto the vote on an ordinance: Councilmembers shall decide whether or not to amend the ordinance, ordirect 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. � 3.�15 Resolutions All resolutions shall be in writing, and the titles thereof shall be read aloud by the City 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 �eading 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 fhe council meeting. After a motion to pass a resolution has been made and seconded, the Councilmember making the motion is encouraged to.givea very brief description of the issues involved with the resolution without simply repeating the resolution title as read by the City Attomey, and the councilmember may choose to comment on any results of Committee action regarding the issue. Discussion and debate by #he 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 ofi the Council, Provided that passage of any resolution for the payment of money shall require the affirtnative vote of at least a majority of the whole membership of the Council. 3:16 Councilmember Reaorts Page 7 (3) to five (5) minutes. �J$LJ� �k MORE THAN YOU IMAGINED 3.17 Adjournment Recess - The foregoing agenda may be interrupted for a stated time as ca�led 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 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, the minutes forthat 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] 4.2 Councilmembers shall attend the meetings of the Council Committees to which they are assigned, incl_uding meetings of the Council Comm'dtee of the Whole to which all Councilmem6ers are assigned. Councilmembers will inform the Chair of such Council Committees or the Ciry 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 prolonged absences shall be addressed by the City Council on a case by case basis. 4.3 Councilmembers shalf attend the Special Meetings of the City Council. Councilmembers, will inform the Mayor or the Ciry Clerk if they are unable to attend any such meetings; or shall so infoRn the Mayor or City Clerk if they knowingly will be late to any such Special meeting. If a Councilmember has infoRned the Mayor or City Clerk that he or she is unable to attend such Special meeting, the minutes for that meeting wilt 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 mee4ings" for the purposes of RCW 35A.12.060, applicable Page 8 � JBU� * MORE THAN YOU IMAGINED to Regular City Council meetings. However, in addition to the application of RCW 35A.12.060 to Regular City Council meetings, unexcused absences from any Regular or Special meetings, or Committee meetings, shall constitute a violatiori of these Rules of Procedure. 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 Depury Mayor will act in that capaoity. If both the Mayor and Deputy Mayor are absent 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 Depuiy Mayor. [See fortner ACC 2.06.090 (1957 code § 1.04.100).J 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 conducf; 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 4he order in which they request the floor, giving every councilmember who wishes an opportunity to speak, provided that the mover of a motion shall b.e permitted 4o 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 class�cation or category, as defined by the Order of Business, and the matters involve or are closely related to ather subject matter, then the Presiding Officer may, in the Presiding Officer's discretion, present such matters before the Council, for discussion, considerand qote, at a different place in the agenda without the necessity of any vote tFiereon, riotwithstanding tfieir initial different placement on the written agenda. [See formerACC 2.06.100 (1957 code § 1.04.170.); ACC2.06.190 (1957 cade § 1.04.210).] Page 9 t\UBURN * MORE THAN YOU IMAGINED SECTION 6- COUNCILMEMBERS 6.1 Remarks. - Councilmembers desiring to speak shall address the presiding officer, and when recognized, shall confine him/herseif to the question under debate. 6,2 Questioninq. - Any member of the Council, including the Presiding Officer, shall have the righf to question any individual, including members of the staff, on matters'germane to fhe 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 PubliaAcaencv. - Notwithstanding the right of Councilmembers to express their'independent opinions and exercise their freedom of speech, Councilmembers should act in a way that reflects positively on the reputation of the City and of the community. Councilmembers shall also interact with other members of the City Council and City staff in ways that promote effective local govemment. 6.4 Council Trainina. - Councilmembers are expected, to participate in training offered by individuals, agencies, entities and organizations -including but not limited to the Association of Washington Cities and the State ofi Washington, so as to afford the Councilmem6ers the opportunity to better understand their roles as City Councilmembers. 6.5 the interests of the Citv ofi Aubum, Councilmembers are encouraged to participate in assignments to local. regional, state and national committees, agencies and organiza4ions ��. [See formerACC 2.06.130 (1957 code § 1.04.130).] SECTION 7 - DEBATES 7.1 Soeakina 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 atthe time the motion is before the Council. 7.2 Interruation. - No member of the Council, inGuding 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. Page 10 �J$Lj� * MORE 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 derbgatory remarks or insinua4ions in respect to any other member of the Council, or any member of the staff or 4he pubic, but shall at all times confine their remarks to those facts which are germane and relevaM to the question or matter under discussion. 7.4 Transaression. - If a member of the Council shall transgress these rules on de6ates, the Presiding Officer shall call such mem6er 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 Rresiding Officer or such member, as the case may be, shall be silent except to explain or continue in order. 7.5 Challenae to Rulina. - 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 fort�ner ACC 2.06.130 (1957 code § 1.04.130).] SECTION 8- PARLIAMENTARY PROCEDURES AND MOTIONS 8.1 All City Council meeting discussions shall be govemed by ROBERTS RULES OF ORDER, NEWLY REVISED (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 where 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 to 4he vote. Pa9e �� A[J$[J� �k MORE THAN YOU [MAGINED 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 ofithe 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 Councilmem6er perceives a need to abstain, provided that, prior to 4he time 4hat a Councilmem6er gives advice of an intent to abstain from an issue; the Gouncilmember shall confer with the City Attorney to determine 'rf 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 Attomey should occur prior to the meeting at which the su6ject 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 Attomey, 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 pessed, shall cause the subject matter to be tabled until the interrupting circumstances or situations have been resolved, or until a time certain, if spec�ed in the motion to table. To remove an item from the table in advance of the time certain requires a two-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 later time at the same meefing, or to a time certain at a future Regular orSpecial 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 twathirds' vote; debate is reopened if the motion fails. 8.12 A motion to amend is d�ned.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 �JBLJ� * MORE THAN YOU IMAG[NED 8.13 Motions that cannot be amended include: Motion to adjourn, lay on the table, roll call vote, poiM 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 ('rf 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 MayepPresidina Officer, 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 AAayeFPresidina Officer, 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 fo� a motion for reconsideration, Councilmembers who voted in the majority may inquire of Councilmembers who voted with the minority as to 4he reasons for fheir minority vote, if not stated during debate prior to the vote. 8.19 The City Attomey shall act as the CounciPs pa�liamentarian 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 faimess. � 9.2 Roll call vote - A roll call vote may be requested by the AAa�eFPresidinq O�cer or by any Councilmember.. 9.3 Abstentions - It is the responsibility of eacFi Councilmember to vote when requested on a matter 6efore the full Council: However, a Councilmember may Page 13 � JBj J� * MORE THAN YOU [MAG[NED 9.4 abstain from discussion and voting on a question because of a stated conflict of interest or appearance of fairness. Votes bv Mavor - Excepf where prohibited by law, the Mayor, as Presiding Official, shall be allowed to vote to break a tie vote. [SeeformerACC 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 ouf 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. 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 ANDAPPEALS 11.1 Quasi. judicial hearings �equire 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. � C. Page 14 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. riV BURN * MORE THAN YOU IMAGINED D. Each sid"e shall then be proponeM spokesperson spokesperson,. allowed five (5) minutes for rebuttal, with the speaking first, followed by the opponent E. The City Clerk shall serve as timekeeper during these hearings. F. After each proponerrt 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 Publichearingswhere<a general audience is in attendance to present arguments for or againsta public issue: A. The Department Director or designee shall present the issue to the Council and respond to questions. B. 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 Offioer may maKe exceptions to the time restrictions of persons:speaking af a public hearing when warranted, in the discretion of the Presiding Officer. C. The City Clerk shall serve as timekeeper during these hearings. D. Afterthe 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 particular meeting or hearing, but the decision to by a majority vote of the Council. SECTION 12 - DEPUTY MAYOR in the procedures at a do so may be overruled 12.1 Biennially at the first meeting of a new Co.uncil, ,or periodically, the members thereof, by majority vote, shall designate one of their members as Depury Mayor for such period as the Council may specify. 12.2 The'Deputy Mayor shall perForm the following duties: Intra-Council Relations • Serve as an ex-offcio member of all standing cortimittees of the city council • Assist in new councilmemtier training Page 15 ALJBjJ�j * MORE THAN YOU IMAGINED • Support cooperative and interactive relationships among council members • Work with Administration to prepare agendas for committee of the whole meetings Mayor-Council Relations • Help maintain a positive and cooperative relationship between the mayor and the city council • Act as conduit between the mayor and the city council on issues or concems relating to their duties Intergovernmental and Community Relations • Act in absence of mayor as requested and/or as required • Be aware of all city regional and intergovemmental policies and activities in order to be prepared to step into the role of Mayor if necessary • Serve as the Chair of the Citv's Emeraencv ManaaemeM Comaensation Board [See former ACC 2.06.090 (1957 code § 1.04.100).] � SECTION 13 - COUNCIL POSITION VACANCY' OR ABSENCE 13.1 In the event that an unexpired Council position becomes vacant, the City Council has ninety (90) days from the occurrence ofithe vacancyto appoint, by majority yote of a quorum of the Council, a qual�ed person to fll the vacancy pursuant to State law: The Council may make such appointment at its next regular meeting, or`�t a special.meeting called fo� 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 MEET'ING STAFFING 14.1 Department Directors shall attend all meetings of the Council unless excused. 14.2 The City Attomey 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 Attomey shall act as the CounciPs parliamentarian. The Assistant City Attomey shall attend meetings when the City Attomey has been excused. [See former ACC 2.06.060 (1957 code § 1_04.160).] Page 16 AjJ$t]� * MORE THANYOU IMAG[NED SECTION 15 - COUNCIL RELATIONS WITH STAFF 15.1 There will be mutual courtesv and respect from both City staff and Councilmembers toward each other and of their respectiv.e roles and responsibilitie , , 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 It is the intent of Council that all pertinent information asked for by individual Council membersshall be made available to the full Council. 15.4 Individual 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 ofi City licenses or permits. Councilmembers may, at the request of the Mayor, participate in discussions and decisions related to these matters. Councilmembers who serve council committee overseeing the activities involved may, with the consent of the Mayor and the committee chair, participate in discussions related fo these matters to give policy guidance and legislative direction. 15.5 Other than through legislafive action taken by the Council as a whole, individual Councilmembers shall not interfere with the operating rules and practices of any City department. 15.6 No individual Councilmember shall direct the Mayor to initiate any action or prepare any report 4hat .is significant in nature, or initiate any project or study wi4hout the consent of a majority of the Council or being initiated through the Council Committee process. 15.7 All councilmember requests for information, other than requests for legal advice from the City Attomey's Office, shall be directed through the Mayor in order to assign the task to the propet staff. Council committee chairs and the Deputy Mayor may work with the Mayor's designated sfaff to prepare agendas and facilitate their committee work. �S— • 15.8 Any written communication with staff shall also include the Mayor as a recipient. Page 17 AUBjJ� * MORE THAN YOU IMAGINED SECTION 16 - COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS 16.1 The Standing Committees of the City Council of the City ofAubum are as follows: I� f:� C. [] Page 18 PUBLIC WORKS COMMITTEE: Makes recommendations to the City Council as a whole on policies relating to watec and ganitary sewer utilities, storm drainage, streets and policy matters involving construction, engineering, right-of-way use, street vacation and equipmenY maintenance and operations. This Committee will coordinate equipment rental and utility matters with the Finance Committee. The Committee will serve as the Council's liaison for the Transportation, Transit and Trails Committee and special transportation advisory committees. FINANCE COMMITTEE: In addition to the normal monitoring of the fnancial 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, informafion services, and City real property transactions including sale, lease, acquisition, and donations. This committee will coordinate property transactions with other appropriate Council Committees. The Committee will serve as Council's liaison for the Tourism Board. PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE: 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 (olanninq), cultural arts and public art; museum, Mary Olson Farm, communications, and economic development. The Committee will serve as the Council's liaison for the Arts Commission, King Coun4y Library, Urban Tree Board, Parks and Recreation Board, Planning Commission, Human Services Committee, Museum boardand:Multicultural Roundtable. MUNICIPAL SERVICES COMMITTEE: Makes recommendatians to the City Co.uncil as a whole on policies relating to police, animal control, emergency planning, qarks (oaerations). cornmunity services; telecommunications, solid waste, airport, senior center, Auburn Intemational Farmers' Market, golf course and cemetery. �J$[Jj� * MORE THAN YOU IMAGINED The Committee will serve as the Council's liaison for the Airport Advisory Board—aa�, the Cemetery beafdBoard and the Aubum International Farmers' Market Advisorv Board. E. LES GOVE COMMUNITY CAMPUS COMMITTEE_ Makes recommendations to the City Council as a whole on policies relating to development and ongoing use of the Community Center and Activitv Center facilities at Les Gove Community Campus. The Les Gove Communitv Camaus as a whole. .. . _.� .• ., . F�—COUNCIL OPERATIONS COMMITTEE: There is created and established a Council Operations Committee for the city council, the appoirrtmerrt, duties and functions thereof to be as follows: 1. Appointment. Membership of the Council Operations Committee shall consist of the Deputy Mayor and the two other Councilmembers having the longest tenure on the City Council. Longest tenure is to be calculated as the #otal length of consecutive service as a Councilmember. The Deputy Mayor shall be the Chair of the Council Operations Committee. In the event two or more members have equal tenure, the Chair and members of the Council Operations Comm'ittee 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 prio� to or during 4tie frst meeting of a new City Council and who have noY been re-elected or appointed to another term of office extending beyond the first meeting of a new City Council shall not be allowed to vote at Cauncil on the approval ofthe membership of the new committees. 2. Powers and Functions. The function of the Council Operations Committee is to supenrise the formation and membership of all standing committees of the City Council. The Council Operations Committee shall, subject to the approval of a majority of the entire City Council, designate Page 19 �BU� * MORE THAN YOU IMAGINED 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 Counc'il 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 City Council, which recommendations shall also be subject to approval by a majority vote of the entire City Council. The mem6ership 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, haye the authority to appoint a non-member of the standing committee, from the City Council to that standing committee for thaY meeting to create a quorum for that meeting, or in the chair's atisence the vice-chairman shall be able to appoint another Councilmember to that particular committee in the absence ofi a quorum. The function of the Council Operations Committee is als.o 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 acfion by the full City Council relative to such issues. The Council Operations Committee shall also evaluate and recommend to the whole City Council any actions, �esponses or sanctions for violations by Councilmembers ofithese Rules of Procedure, which recommendation shall be considered, voted and/or acted upon by the Gity Council in the normal course. 3. In cases of alleged misconduct orviolations of the City Council Rules of Procedures (ROP), the person suspected of the alleged misconduct or violation of the ROP shall be afforded the opportunity to respond, which opportunity shall be given, with advance notice, in an open meeting of the Council Operations Committee (COC) prior to the COC making any recommendations regarding censure or reprimand or other disciplinary action. 4. Meeting Dates. The Council Operations Committee shall meet biennially upon the seating of each new City Council or more often as needed. [See former ACC 2.06.220 (Qrd', 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 ma}ority 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 matters referred to them at study sessions, without the requirement that such establishment or refemal take place at a regular City Council meeting. The Mayor Page 20 AjJ$[J� * MORE THAN YOU IMAGINED 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 the 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. Theywill generally follow Roberts Rules of Order, Newly Revised. 16.6 Committee Chairpersons, or a majority of the members of the Committee, may allow audience participation that is related to the agenda item being discussed by the Committee, and audienoe participation regarding subjects falling within the areas of respons'ibility of the Committee may come.from any non-member of the Committee, including members of the City Council who are in attendance. 16.7 Committee Chairpersons shall approve all agenda items and may, at their discretion, remove or add agenda items during the course of the meeting. 16.8 Prior to publication of the agenda in which minutes are to be approved by the Committee, the Committee Chairperson, or the person who will be presiding over the meeting, shall review the draft minutes of Committee meetings. SECTION 7T - COMMUNICATION COUNCIL REPRESENTATION 8 INTERNAL 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 Council majortty may be expressed 'rf the Councilmember clarifies that these statements do not represent the City Council's position.. 17.2 Councilmembers need to have other Councilmembers concurrence before representing another Councilmember's view oc position with the media, another govemment agency or community organization. 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 Page 21 �j$[J� =k MORE THAN YOU IMAGINED which the City is a party or in cannection with any disputed claim involving the City without the prior approval of the Gity Attomey, unless the Councilmemberis individualty a party to, the litigation or is invotved in the disputed claim separate from the Councilmember's role as a City official. 17:4 Communication among Councilmembers shall conform to the following parameters: A. To assure that communication on agenda items occurs to the greatest extent poss'ible af fhe public meetings, and to avoid even the perception that email is being used " ," in a wav that could should refrain from emailing Councilmembers about such agenda items. Councilmembers should be prepared to communicate about matters that are on upcoming. Committee agendas or Council agendas at the public meetings. If Councilmembers wish to share information with other councilmembers about matters that are on upcoming agendas, the councilmembers should forward that information to the Mayor for distribution in the committee or council meeting packets. B. Councilmembers may communicate via email to other Councilmembers, including to a quorum of a Council committee or the full City Council about matters within the scope of the Committee's authority or related to City business, but not yet scheduled on upcoming Committee or Council agendas, to indicate a desire that certain'items be included on upcoming meeting agendas; provided that Councilmembers shall never ask for responses from the otFie� Councilmembers in that communication. C. � Email communication among Councilmembers relating to City operations should also include the Mayor as a recipienUaddressee. Councilmembers may email the Mayor about City business without limitations or restrictions. 17.5 Internet & Electronic ResourceslEquipment Use. A. Policy. It is the policy of the City Council that Intemet and electronic resources equipment use shall conform to and be consistent with the requirements of City of Aubum AdminisfratiVe Policy and Procedure 500- 03, "Intemet & Electronic Resources/Equipment Use — Elected Officials" adopted hereby and incorporated herein bythis reference. It is important to note that all letters, memoranda, and interactive computer communication involving City Councilmembers and members of advisory Page 22 �JBU� * MORE THAN YOU IMAGINED boards and commissions, the subject of which relates to the conduct of government or the performance of any governmental function, with exceptions stated by the Public Records Act (RCW 42.56), are public records. B. Electronic Communications. (1) Informal messages with no retention value and that do not relate to the functional responsibility of the recipient or sender as a public official, such as meeting notices, reminders, telephone messages and informaf notes, do not constitute a public record. Users should delete these messages once their administrative purpose is served. (2) All other messages that relate tothe functional responsibility of the recipient or sender as a public official constitute a public record. Such records are subject to public inspection and copying. (3) Electronic communications that are intended to be shared among a quorum of the City Council or Council Committee, whether concurrenfly 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 meeting, the electronic discussion shall not occur. Further, the use of electronic communication to form a collective decision of the Council shall nof occur. (4) Electronic communication should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other confidentiaf City business. In general; electronic communication is discoverable in litigation, and even deleted electronic communication is not necessarily removed from the system. Confidential electronic communications should not be shared with individuals otNerthan the intended recipients, or the attomey-client privilege protecting the document from disclosure may be waived. (5) Electronic communication between Councilmembers and between Councilmembers and staff shall not be transmitted to the public or news media wifhout the filing of a public disclosure request with the City Clerk. (6) As a cautionary note, if an elected public official uses his or her personaf home computer to send electronic communications dealing with City 6usiness, the e.lectronic communications and electronic records may be subject to discovery demands and public disclosure requests. That possibility ampl�es the need for caution in how one uses electronic communication for City business. Page 23 � JBj J� �c MORE THAN YOU IMAGINED SECTION 18 - TRAVEL AUTHORIZATION 18.1 In accordance with the City of Aubum travel policy, approvals or expenditure of travel refated costs and/or approyal 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 spec�c 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:6y a majority vote of a quorum of the City Counc'if 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 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 4he Revised Code of Washington. SECTION 20 - ENFORCEMENT OF RULES OF PROCEDURE 20.4:1 Councilmembers shall conform their conduct to the requirements, standards and expectations set forth in these Rules of Procedure. In addition to and notwi4hsfanding 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. Page 24 A�U� �c MORE THAN YOU IMAGINED Page 25 City Council Rules of Rrocedure: Adopted: February2, 2004 Ordinance No. 5802 Amended by Resolufion No. 4282, December17, 2007 Amended by Resolution No. 4429, December 15, 2008 Amended by Resolution No. 4467; APriI 6, 2009 Amended tiy Resolution No. 4615, July 6, 2010 Amended by Resolution No. 4686, February 22, 2011 Amended'byResolution No. 4740, August 15, 2011 �J$[J� * MORE THAN YOU IMAGINED