HomeMy WebLinkAbout5217 RESOLUTION NO. 5 2 1 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY COUNCIL
RULES OF PROCEDURE AS ADOPTED BY ORDINANCE NO.
5802 AND AMENDED BY RESOLUTION NOS. 4282, 4429,
4467, 4615, 4686, 4740, 4813, 4909, 5105, 5112 AND 5115
WHEREAS, on February 2, 2Q04, the Auburn City Council adopted Ordinance
No. 5802 approving the Rules of Procedure of the City Council; and
WHEREAS, Ordinance No. 5802 also provided that future amendments or
modifications to the Council Rules of Procedure could be accomplished by Resolution
properly introduced and passed by the City Council; and
WHEREAS, on December 12, 2007, December 15, 2008, April 6, 2009, July 6,
2010, February 22, 2011, August 15, 2011, May 21, 2012, February 19, 2013,
November 3, 2014,. December 1, 2014 and December 15, 2014, the City Council
passed Resolution Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105,
5112 and 5115, respectively, which Resolutions adopted certain modifications to the
Council Rules of Procedure; and
WHEREAS, it would be appropriate for the City Council to amend its rules and
procedures so as to accommodate Council liaison reports and the review of ordinances
prior to adoption; and
WHEREAS, rather than the current procedure for first and second readings of
ordinances, the intended review could be accomplished through a procedure by which
Resolution No. 5217
April 25, 2016
Page 1 of 3
ordinances would be placed on the agenda for a Study Session prior to inclusion of the
ordinances on City Council Meeting agendas for adoption; and
WHEREAS, such a change to the rules would accommodate the need of the City
Council to expedite review of ordinances where no further discussion is needed or to
slow down the process when more discussion would be helpful.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. 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 No. 4686 on
February 22, 2011, Resolution No. 4740 on August 15, 2011, Resolution No. 4813 on
May 21, 2012, Resolution No. 4909 on February 19, 2013, Resolution No. 5105 on
November 3, 2014, Resolution No. 5112 on December 1, 2014, and Resolution No.
5115 on December 15, 2014 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.
Resolution No. 5217
April 25, 2016
Page2of3
DATED and SIGNED this 01' day of Y Y`- , 2016.
CITY OF AUBURN
6444
N NCY BA S, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP° • ED A = 0 F0-
A VMS. OP
Oriel B. Heider#A orn'
Resolution No. 5217
April 25, 2016
Page 3 of 3
Exhibit A—Resolution No.5217
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
TABLE OF CONTENTS
SECTION 1 AUTHORITY 1
SECTION 2 COUNCIL MEETINGS 1
SECTION 3 ORDER OF BUSINESS OF REGULAR COUNCIL MEETING
AGENDA 4
SECTION 4 COUNCILME MBER ATTENDANCE AT MEETINGS 12
SECTION 5 PRESIDING OFFICER - DUTIES 13
SECTION 6 COUNCILMEMBERS 14
SECTION 7 DEBATES 15
SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 15
SECTION 9 VOTING 18
SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 18
SECTION 11 PUBLIC HEARINGS AND APPEALS 19
SECTION 12 DEPUTY MAYOR SELECTION PROCESS 20
SECTION 13 COUNCIL POSITION VACANCY 21
SECTION 14 COUNCIL MEETING STAFFING 22
SECTION 15 COUNCIL RELATIONS WITH STAFF 22
SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN
ADVISORY BOARDS 23
SECTION 17 COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 27
SECTION 18 TRAVEL AUTHORIZATION 30
SECTION 19 CONFIDENTIALITY 31
SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 31
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.
Page 1
Exhibit A—Resolution No. 5217
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(A) 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 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 7:00 p.m.
A quorum shall constitute four or more Councilmembers for the transaction of
business.
In the event that a scheduled Regular Council meeting falls on a legal holiday,
the meeting shall be held at 7:00 p.m. on the first business day following the
holiday.
The Presiding Officer shall be as set forth in Section 5.1 herein.
The Presiding Officer shall be seated at the center of the dais, and the Deputy
Mayor shall be seated to the Presiding 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 City Council
pursuant to a motion duly made and seconded and approved by a majority of the
City Council, following the recommendation of an ad hoc committee of three
Councilmembers called for that purpose.
1 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 forwarded by the city council and/or or by the ad hoc
committees designated to act on behalf of the city council, and for including in those agendas the items
and issues proposed by the mayor and city administration,for consideration by the council. 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. 6405 § 1,
2012;Ord. 5761 § 1, 2003.)
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Exhibit A—Resolution No. 5217
[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 Study Sessions - In accordance with Sections 2.06.010(B) and 2.06.020 of the
City Code, Study Sessions of the City Council shall held on the second, fourth
and fifth Mondays of every month in the City Hall Council Chambers located at
25 West Main Street, Auburn, Washington. The regular meeting location of
Study Sessions may be changed by a majority vote of the City Council. Study
Sessions shall be subject to the following:
A. The Deputy Mayor shall preside over Study Sessions.
B. Study Sessions will begin at the hour of 5:30 p.m.
C. A quorum shall constitute four or more Councilmembers for the
transaction of business.
D. In the event that a scheduled Study Session falls on a legal holiday, the
meeting shall be held at 5:30 p.m. on the first business day following the
holiday.
E. No particular seating arrangement shall be required for the Deputy Mayor
or other members of the Council, or for the Mayor or any other persons
invited to sit at the table of Study Sessions.
2.3 Regular Meeting Times:2
The regularly scheduled meetings of the City Council shall be held at the
following times, unless re-scheduled and/or reset to different times:
A. First Monday of the month - Regular Council Meeting - - 7:00 PM
B. Second Monday of the month - Council Study Session - - 5:30 PM
C. Third Monday of the month Regular Council Meeting 7:00 PM.
D. Fourth Monday of the month - Council Study Session - 5:30 PM
E. Fifth Monday of the month - Council Study Session- - 5:30 PM.
2.4 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
2 Any of these regularly scheduled meetings may be cancelled if not needed.
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Exhibit A Resolution No. 5217
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).]
2.5 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.
2.6 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 Regular and Special meetings, and Study
Sessions, of the City Council, and will be announced by the Presiding Officer.
Executive session subjects are limited to considering such matters as permitted
by State law.
[See former ACC 2.06.070 (1957 code § 1.04.080).]
2.7 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 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.
by the City Council.
3.1 The protocol for First and Second Rcadings shall be as follows:
A. First and second readings apply to Ordinances only.
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Exhibit A—Resolution No. 5217
B. Resolutions/consent items/contract awards, etc. would still be acted on at
C. Ordinance action, especially those resulting in changes to City codes to
which First and Second Readings would apply may take more
D. First and Second Readings would be beneficial to a transparent public
process.
E. First Reading discussion only at one Regular Council Meeting.
a _ . _ • - • - I l --
be a future subsequent Council meeting depending on Council's
First Reading.
34_1 The agenda format of the Regular City Council meeting shall be as follows:
A. Call to order.
The Presiding Officer shall call the meeting to order.
B. Pledge of Allegiance.
The Presiding Officer, Councilmembers and, at times, invited guests will
lead the Pledge of Allegiance.
C. 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 the time of
the request.
D. Announcements, Proclamations and Presentations
A proclamation is defined as an official announcement made by the
Presiding Officer or the City Council regarding a non-controversial event,
activity or special interest group which has a major city-wide impact.
Page 5
Exhibit A—Resolution No. 5217
E. 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.
F. Agenda modifications
Changes to the Council's published agenda are announced at this time.
G. 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 Presiding Officer will state the
public hearing and/or appeal procedures before each hearing.
H. 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
Presiding Officer.
Correspondence
J Council Ad Hoc Committee Reports
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Exhibit A—Resolution No. 5217
Council ad hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendations to the City Council, if any.
K. 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 not limited to the following. Any
Councilmember may remove any item from the Consent Agenda for
separate discussion and action.
1. Approval of minutes.
2. Fixing dates for public hearings and appeals.
3. Approval of claims and vouchers, bid awards and contracts.
4. Approval of surplus property.
5. Other items designated by the City Council.
L. Unfinished Business
Unfinished business of a general nature and that it was removed from the
Consent Agenda for separate discussion and action.
M. New Business
Business, other than ordinances and resolutions, that has not been
previously before the City Council.
N. Ordinances
1. 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.
Page 7
Exhibit A—Resolution No. 5217
2. First & Second Reading Prior to any ordinance being considered for
adoption by the City Council, the ordinance shall be included on a
Study Session agenda, for review and discussion as provided in
Section 16.1 (C)(5); Provided, however; that if the Mayor believes.
that special, emergency or exigent circumstances exist regarding
the to need consider adoption of an ordinance without the
ordinance having been placed on a Study Session agenda, the
Mayor may place the ordinance on a Regular or Special City
Council Meeting agenda with a request that the City Council
consider adoption of the ordinance at such. Regular or Special
Meeting of the City Council. If there is not agreement among
members of the City Council as to whether the ordinance should be
considered for adoption at the Regular or Special Meeting of the
City Council, the matter shall be presented for a separate vote at
the Regular or Special City Council Meeting, and decided by
majority vote of the members of the City Council at,said meeting.
a. If a majority of the City Council members vote in favor of
considering adoption of the ordinance, the consideration of
the adoption of the ordinance shall be the next matter before
the City Council.
b. If a majority of the City Council votes in favor of reviewing
and discussing the ordinance at a Study Session prior to
voting on its adoption, the ordinance shall be placed on an
upcoming Study Session agenda for review and discussion.••- - - - - - - - - - e - - • - - - - - -
Ordinance, each Ordinance shall be submitted to the City Council
a. First Reading. The First Reading of an Ordinance shall take
place at a Regular City Council Meeting.
1. The Ordinance shall be included on the Meeting
indication of"First Reading."
2. The Ordinance shall be read by the City Attorney, in
Rules.
Page 8
Exhibit A—Resolution No. 5217
3. The Ordinance shall be placed before the City Council
motion shall be seconded.
a) After the motion is seconded, Councilmembers
the Ordinance
b) If there is no second to the motion, the motion
dies.
c) Discussion on the motion shall be in
d) There shall be-no vote on the motion until after
the Second Reading, unless the Second
1. Waiver of Second Reading shall be made by a motion
Councilmembers present.
2. If the Second Reading is waived, the City-Council
c. Second Reading.-The Second Reading of an Ordinance shall
1. The Ordinance shall be included on the Meeting
2. The Ordinance shall be read by the City Attorney, in
accordance with Section 3.2, Paragraph M, of these
Rules.
3. No new motion is necessary to place the Ordinance
Page 9
Exhibit.A—Resolution No. 5217
- . - - --
date --of =the meeting of the First Reading.
related to the Ordinance.
a) Discussion on the motion shall be in
accordance with Section 7 of these Rules.
b) Following discussion on the motion, the City
other action as is appropriatc undcr these
Rules of Procedure or other appropriate rules
After a motion to adopt an ordinance has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief
description of the issues involved with the ordinance, without simply
repeating the ordinance title as read by the City Attorney and may choose
to comment on any results of Council discussion or action regarding the
issue.
Discussion and debate by the City Council on ordinances will be held prior
to the vote on an ordinance. Councilmembers shall decide whether or not
to amend the ordinance, or direct staff to further review the proposed
ordinance.
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.
O. 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
Page 10
Exhibit A—Resolution No. 5217
approved by a majority of the councilmembers in attendance at the council
meeting.
After a motion to pass a resolution has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief
description of the issues involved with the resolution without simply
repeating the resolution title as read by the City Attorney, and the
councilmember may choose to comment on any results of Council
discussion or action regarding the issue.
Discussion and debate by the City Council on resolutions will be held prior
to the vote on a resolution. Councilmembers shall decide whether or not to
amend the resolution, or direct staff to further review the proposed
resolution.
A resolution shall be passed by a majority vote of a quorum of the Council,
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.
P. Mayor and Councilmember Reports
The Mayor and Councilmembers may report on their significant City-
related activities since the last regular meeting. The Mayor and
Councilmembers shall limit their reports to not more than three (3)
minutes, with sensitivity to avoiding duplicate reporting.
Q. Adjournment
3.3. 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.
3.4 Amendment to Agenda - The sequence of handling items on the agenda of a
particular Regular Council Meeting may be amended from order listed on the
printed/approved agenda as follows:
A. Motion to Suspend the Rules. Any member of the City Council may move
to suspend the rules so as to provide that an item on the agenda may be
taken out of order considered at a different order or placement in the
agenda. Such motion shall require a second, and upon approval by a
majority of Councilmembers in attendance at the meeting, the item shall
be considered at the point in the agenda as indicated in the approved
motion.
Page 11
Exhibit A—Resolution No. 5217
B. Adjustment of Agenda by Mayor. If the Mayor, as the presiding official,
determines that an item on the agenda of a Regular Council Meeting
should be taken out of order - considered at a different order or placement
in the agenda.as set forth in the agenda - to accommodate members of
the City Council or others at the Council Meeting, the Mayor may call for
the amendment of the agenda to accomplish such adjustment. Such
action by the Mayor does not require a motion or vote by the City Council;
provided that if the City Council does not wish to have the item moved -
agenda adjusted - as directed by the Mayor, the City Council may, by
motion duly made, seconded and approved by a majority of
Councilmembers in attendance at the meeting keep the agenda
unchanged.
[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 and Study Sessions.
Councilmembers shall inform the Mayor or the City Clerk if they are unable to
attend any Regular Council meeting or Study Session, or if they knowingly will be
late to any such meetings. If a Councilmember has informed the Mayor or City
Clerk that he or she is unable to attend such meeting, the minutes for that
meeting will show the Councilmember as having an excused absence for that
meeting. Provided that excessive, continued or prolonged absences may 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 are expected to attend the meetings of the Ad Hoc_Council
Committees to which they are assigned. Councilmembers should inform the
Chair of such Ad Hoc Council Committees or the City Clerk if they are unable to
attend any meetings of such Ad Hoc Council Committees, and should inform the
Chair or City Clerk if they expect to be late to any such Ad Hoc Council
Committee meeting. If a Councilmember has informed the Chair or City Clerk
that he or she is unable to attend such Ad Hoc Committee meeting, the minutes
for that meeting, if minutes are required and/or taken, .shall show the
Councilmember as having an excused absence for that meeting. Provided that
excessive, continued or prolonged absences may be addressed by the City
Council on a case by case basis.
4.3 Councilmembers shall attend the Special Meetings of the City Council.
Councilmembers, shall inform the Mayor or the City Clerk if they are unable to
attend any such meetings, or shall so inform the Mayor or City Clerk if they
Page 12
Exhibit A—Resolution No.5217
expect to be late to any such Special meeting. If a Councilmember has informed
the Mayor or City Clerk that he or she is unable to attend such Special meeting,
the minutes for that meeting shall show the Councilmember as having an
excused absence for that meeting. Provided that excessive, continued or
prolonged absences may be addressed by the City Council on a case by case
basis.
4.4 Attendance at Ad Hoc Council Committee meetings and Special meetings will not
be considered "regular meetings" for the purposes of RCW 35A.12.060,
applicable to Regular City Council meetings. However, in addition to the
application of RCW 35A.12.060 to Regular City Council meetings, unexcused
absences from any Regular or Special meetings, or Ad Hoc Committee
meetings, shall constitute a violation of these Rules of Procedure.
SECTION 5 - PRESIDING OFFICER - DUTIES
5.1 Conduct of Meetings
The Presiding Officer at all Regular Meetings of the Council shall be the Mayor
and in the absence of the Mayor, the Deputy Mayor will act in that capacity. If
both the Mayor and Deputy Mayor are 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 Deputy Mayor. Additionally, the Deputy Mayor shall serve
as the presiding officer for Council Study Sessions. It is further provided that,
though not the Presiding Officer of Study Sessions, the Mayor is encouraged to
attend Study Sessions.
[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;
Page 13
Exhibit A—Resolution No. 5217
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 himself/herself to the question under
debate.
6.2 Questioning. - Any member of the Council, including the Presiding Officer, shall
have the right to question any individual, including members of the staff, on
matters germane to the issue properly before the Council for discussion. Under
no circumstances shall such questioning be conducted in a manner to the extent
that such would constitute a cross-examination of or an attempt to ridicule or
degrade the individual being interrogated.
6.3 Obligation to the Public Agency. - 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
government.
6.4 Council Training. = 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 of Washington, so as to afford
the Councilmembers the opportunity to better understand their roles as City
Councilmembers.
6.5 Participation in Committees, Agencies and Organizations.. - To better represent
the interests of the City of Auburn, Councilmembers are encouraged to
participate in assignments to local, regional, state and national committees,
agencies and organizations.
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Exhibit A-Resolution No.5217
[See former ACC 2.06.130 (1957 code§ 1.04.130).]
SECTION 7 - DEBATES
7.1 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 Presiding Officer or a majority of the Councilmembers present at the time the
motion is before the Council.
7.2 Interruption. - No member of the Council, including the Presiding Officer, shall
interrupt or argue with any other member while such member has the floor, other
than the Presiding Officer's duty to preserve order during meetings as provided in
Section 5.2.A of these rules.
7.3 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..
7.4 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.
7.5 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.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS
8.1 All City Council meeting discussions shall be governed by ROBERTS RULES OF
ORDER, NEWLY REVISED (latest edition).
Page 15
Exhibit A—Resolution No.5217
8.2 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.
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 the vote.
8.6 If any Councilmember wishes to abstain, from a vote on the motion pursuant to
the provisions of Section 9 hereof, that Councilmember shall so advise the City
Council, and shall remove and absent himself/herself from the deliberations and
considerations of the motion, and shall have no further participation in the matter.
Such advice shall be given prior to any discussion or participation on the subject
matter or as soon thereafter as the Councilmember perceives a need to abstain,
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.
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 m otion to table is nondebatable and shall preclude all amendments or debates
of the issue under consideration. A motion to table is to be used in instances
where circumstances or situations arise which necessitate the interruption of the
Councilmembers' consideration of the matter then before them. A motion to table,
if passed, shall cause the subject matter to be tabled until the interrupting
circumstances or situations have been resolved, or until a time certain, if
specified in the motion to table. To remove an item from the table in advance of
the time certain requires a two-thirds' majority vote.
Page 16
Exhibit A—Resolution No. 5217
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 meeting, or to a time certain at a future
Regular or Special City Council meeting.
8.10 A motion to postpone indefinitely is debatable, is not amendable, and may be
reconsidered at the same meeting only if it received an affirmative vote.
8.11 A motion to call for the question shall close debate on the main motion and is not
debatable. This motion must receive a second and fails without a two-thirds' vote;
debate is reopened if the motion fails.
8.12 A motion to amend is defined as amending a motion that is on the floor and has
been seconded, by inserting or adding, striking out, striking out and inserting, or
substituting.
8.13 Motions that cannot be amended include: Motion to adjourn, lay on the table
(table), roll call vote, point of order, reconsideration and take from the table.
8.14 Amendments are voted on first, then the main motion as amended (if the
amendment received an affirmative vote).
8.15 Debate of the motion only occurs after the motion has been moved and
seconded.
8.16 The Presiding 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 Presiding 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 for a motion for reconsideration,
Councilmembers who voted in the majority may inquire of Councilmembers who
voted with the minority as to the reasons for their minority vote, if not stated
during debate prior to the vote.
8.19 The City 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.
Page 17
Exhibit.A Resolution No.5217
[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 Presiding Officer 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.
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).]
Page 18
Exhibit A—Resolution No. 5217
SECTION 11 - PUBLIC HEARINGS AND APPEALS
11.1 Quasi-judicial hearings require a decision be made by the Council using a certain
process, which may include a record of evidence considered and specific
findings made. The following procedure shall apply:
A. The Department Director of the department (most) affected by the subject
matter of the hearing, or said Director's designee, will present the City's
position and findings. Staff will be available to respond to Council
questions.
B. The proponent spokesperson shall speak first and be allowed (10)
minutes. Council may ask questions.
C. The opponent spokesperson shall be allowed ten (10) minutes for
presentation and Council may ask questions.
D. Each side shall then be allowed five (5) minutes for rebuttal, with the
proponent spokesperson speaking first, followed by the opponent
spokesperson.
E. The City Clerk shall serve as timekeeper during these hearings.
F. After each proponent and opponent spokesperson have used their
speaking time, Council may ask further questions of the speakers, who
shall be entitled to respond but limit their response to the question asked.
11.2 Public hearings where a general audience is in attendance to present arguments
for or against a public issue:
A. The Department Director or designee shall present the issue to the
Council and respond to questions.
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 Officer may make exceptions to the time restrictions
of persons speaking at a public hearing when warranted, in the discretion
of the Presiding Officer.
C. The City Clerk shall serve as timekeeper during these hearings.
D. After the speaker has used their allotted time, Council may ask questions
of the speaker and the speaker may respond, but may not engage in
further debate.
Page 19
Exhibit A-Resolution No.5217
E. The hearing will then be closed to public participation and open for
discussion among Councilmembers.
F The Presiding Officer may exercise changes in the procedures at a
particular meeting or hearing, but the decision to do so may be overruled
by a majority vote of the Council.
SECTION 12 - DEPUTY MAYOR
12.1 Annually or more often as deemed appropriate, the members of the City Council,
by majority vote, shall designate one of their members as Deputy Mayor for such
period as the Council may specify.
A. Any member of the City Council may be nominated for the position of
Deputy Mayor by having that Councilmember's name placed in nomination
by a Councilmember. [The nomination of a councilmember for this position
does not require a second, and a councilmember may nominate him or
herself.]
B. The Councilmember receiving a majority of the votes cast by the members
of the City Council shall be elected Deputy Mayor. A Councilmember may
vote for him or herself.
C. The names of all nominees for the position of Deputy Mayor shall be
included in the vote.
D. If no single Councilmember received a majority of the votes cast, a second
vote/ballot, between the two nominees who received the largest number of votes,
would be needed. In the second vote/ballot, whichever of these two nominees
received the larger number of votes would be elected to the position of Deputy
Mayor.3
[See RCW 35A.12.065.]
12.2 The Deputy Mayor shall perform the following duties:
A. Intra-Council Relations
1. Serve as the Chair of the Council Study Sessions
3 It may be that if there were a larger number of nominees in the initial election, there would not be (only) two
councilmembers who received the large st number of votes. For instance, if one nominee received three votes a
second nominee received two votes and a third nominee also received two votes, it might be appropriate to have an
initial run off between the second and the third nominees to determine who would be included in the final run-off
against the first nominee.
Page 20
Exhibit A—Resolution No. 5217
2. Serve as an ex-officio member of all other ad hoc committees of the
City Council
3. Assist in new councilmember training
4. Support cooperative and interactive relationships among council
members
5. Work with Administration to prepare agendas for Council Study
Sessions
B. Mayor-Council Relations
1. Help maintain a positive and cooperative relationship between the
Mayor and the City Council
2. Act as conduit between the Mayor and the City Council on issues or
concerns relating to their duties
C. Intergovernmental and Community Relations
1. Act in absence of Mayor as requested and/or as required
2. Be aware of all City regional and intergovernmental policies and
activities in order to be prepared to step into the role of Mayor if
necessary
3. Serve as the Chair of the City's Emergency Management
Compensation 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 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.
13.2 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.
Page 21
Exhibit A—Resolution No. 5217
SECTION 14 COUNCIL MEETING STAFFING
14.1 Department Directors shall attend all meetings of the Council unless excused.
14.2 The City Attorney shall attend all meetings of the Council unless excused, and
shall upon request, give an opinion, either written or oral, on legal questions. The
City Attorney shall 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 courtesy and respect from both City staff and
Councilmembers toward each other and of their respective roles and
responsibilities.
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 members shall 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 of City
licenses or permits. Councilmembers may, at the request of the Mayor,
participate in discussions and decisions related to these matters.,
15.5 Other than through legislative 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 that is significant in nature, or initiate any project or study
without the consent of a majority of the Council. This provision, however, does
not prohibit individual Councilmembers from discussing issues with the Mayor or
making individual requests or suggestions to the Mayor. The Mayor shall
endeavor to advise and update the Councilmember(s) on the status or follow-up
of such issues.
15.7 All councilmember requests for information, other than requests for legal advice
from the City Attorney's Office, shall be directed through the Mayor in order to
assign the task to the proper staff. The Deputy Mayor may work with the Mayor's
Page 22
Exhibit A—Resolution No. 5217
designated staff to prepare Study Session agendas and facilitate Study Session
work.
15.8 Any written communication with staff shall also include the Mayor as a recipient.
SECTION 16 - COUNCIL STUDY SESSIONS, COMMITTEES
AND CITIZEN ADVISORY BOARDS
16.1 In addition to the regularly scheduled City Council meetings (Regular Council
Meetings) scheduled on the first and third_Mondays of the month, City Council
shall regularly schedule Council Study Sessions on the second, fourth, and fifth
Mondays of the month for review of matters that would come back before the City
Council at Regular Council Meetings. Different than the format for Regular
Council Meetings (identified in Section 3 hereof), Study Sessions shall be less
formal than Regular Council Meetings and shall give the City Council the
opportunity to discuss and debate issues coming before it for action at Regular
Council meetings. The format for these meetings shall be as follows:
A. Meeting Times:
Study Sessions shall be scheduled as set forth in Section 2.3, above.
B. Study Sessions should conform to the following:
1. Meeting facilitation - the Deputy Mayor shall preside over/conduct
Study Sessions.
2. Four or more Councilmembers shall constitute a quorum for Study
Sessions.
3. Two and one half hours maximum timeframe (goal).
4. Maximum of five agenda items (goal).
5. Timeframe per agenda item up to 30 to 40 minutes.
6. Agenda items should relate to future policy-making, strategic
planning or key state or federal issues affecting current or future
city operations.
7. Agenda items should be substantive only (e.g., traffic impact fee
increase proposals, comprehensive plan updates, rather than day-
to-day operational issues. [Non-substantive items (e.g., accepting a
grant, authorizing contract bidding, etc.) should go directly to the
Regular City Council meeting.
Page 23
Exhibit A—Resolution No.5217
C. Study Session Meeting Format4
1. Call to Order
The Presiding Officer shall call the meeting to order.
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 or
City Clerk in advance of the meeting. The reason for the request
shall be given at the time of the request.
3. Announcements, Reports and Presentations
The Presiding Officer shall provide any announcements, reports or
presentations that need to be shared with the City Council in
advance of the agenda discussion items. After that these
announcements, reports or presentations, City Council members
may have questions or wish to discuss the issues at this time or
request that they be put on a future Study Session agenda for
further discussion.
4. Agenda items for Council Discussion.
The Presiding Officer shall announce each of the various items that
are on the agenda for Council discussion, and, as warranted,
request a preliminary report from staff or a consultant or other
individual(s) involved in the issue. The Presiding Officer shall
endeavor to call upon the members of the City Council in the order
of their requests to discuss the Agenda Item.
After such report(s), if any, the Presiding Officer shall open the floor
for Council discussion on the agenda items in their order on the
agenda, unless a different order is approved by a majority of the
Councilmembers present.
Council discussion shall be in conformity with the provisions of
Section 7 of these rules, other than the requirement that there be a
motion before Council discussion.
4 It is the intention of the City Council that.Study Sessions shall be televised on the City's public access
channel if reasonably possible.
Page 24
Exhibit A—Resolution No. 5217
At the conclusion of the discussion, or at the point the Council feels
its questions have been answered and discussion vetted, the
Presiding Officer shall move the attention of the Council to the next
discussion item on the agenda; provided that if, after a lengthy
discussion on a particular agenda item, the Presiding Officer
concludes that discussion should be continued to a later date, the
Presiding Officer may conclude discussion on that agenda item and
schedule the matter for a later Study Session.
With the support of a consensus of Councilmembers, the Deputy
Mayor shall call for Study Session agenda items requiring formal
Council action to be included in agendas for upcoming Regular
Council Meetings.
5. Ordinances
Prior to an ordinance being included for adoption on the agenda of
a Regular or Special Meeting of the City Council, the ordinance
shall be included on the agenda of a Study Session for Council
review and discussion.
a. The Study Session ordinance review requirement shall be
met even if the version to be considered at an upcoming City
Council Meeting is amended from the version included on
the Study session agenda following review and discussion at
the Study Session.
b. If, after City Council review and discussion of an ordinance
at a Study Session, the City Council is not ready to vote on a
proposed ordinance, the ordinance may be included on
another Study session agenda for further review and
discussion. If there is not agreement among members of the
City Council as to whether the ordinance should next come
before the City Council at a regular or Special Meeting of the
City Council for consideration of adoption or whether it
should return for further review and discussion at a Study
Session, the matter shall be presented for a vote at the
Study Session, and decided by majority vote of the members
of the City Council at the Study Session.
5,6. Other Discussion Items
The Presiding Officer and/or members of the City Council may
bring up other discussion items to be discussed at this time or to be
scheduled for discussion at a future Study Session; provided that if
Page 25
Exhibit A—Resolution No.5217
the Presiding Officer concludes that there is not sufficient time to
discuss or continue discussing the topic, the Presiding Officer may
deferdiscussion or continued discussion to a future Study Session.
6 7. Adjournment
The Presiding Officer shall adjourn the Study Session after
conclusion of discussion on the agenda items.
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
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, provided that the Deputy Mayor shall appoint Councilmembers to
Council ad hoc committees. It is further provided that the Mayor s hall appoint
members to. Council ad hoc committees if the Deputy Mayor is disabled or
precluded from acting in that. capacity. Councilmember appointments to
intergovernmental councils, boards and committees, including ad hoc
committees, shall be periodically reviewed to determine which councilmembers
could best be able to represent the City on such councils, boards and
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 a committee
recommendation or 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. They will generally follow Roberts Rules of Order, Newly Revised.
16.6 Unless otherwise expressly provided for an ad hoc committee of the City Council,
such committees shall not receive public testimony or allow audience
participation in connection with or related to the agenda item being discussed by
the Committee,.. Unless otherwise expressly provided for such ad hoc committee,
it is the intention of the City Council that such ad hoc committees function
informally and not in any way that takes action in lieu of or on behalf of the full
City Council. The purpose and function of such ad hoc committees shall be to
review matters in advance of their consideration by the full City Council, and
Page 26
Exhibit A Resolution No. 5217
perhaps record and make recommendations to the full City Council. With that, it
is the intention that these committees operate informally, without the need for
compliance with the Open Public Meetings Act (Chapter 42.30. RCVV).
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.
SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION
17.1 If a Councilmember meets with, attends a meeting or otherwise appears en
before individuals, another governmental agency, a community organization, or a
private entity or organization, including individuals, agencies, or organizations
with whom or with which the City has a business relationship, and makes
statements directly or through the media, commenting on an issue that does or
could affect the City, the Councilmember shall 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, and
the statements are those of the Councilmember as an individual. Additionally,
before a Councilmember discusses anything that does or could relate to City
liability, the Councilmember should talk to the City Attorney or the City's Risk
Manager, so that the Councilmember would have a better understanding of what
may be said or how the discussion should go to control or minimize the City's
liability risk and exposure.
17.2 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.
17.3 Councilmembers shall not knowingly communicate with an opposing party or with
an opposing attorney in connection with any pending or threatened litigation in
which the City is a party or in connection with any disputed claim involving the
City without the prior approval of the City Attorney, unless the Councilmember is
individually a party to the litigation or is involved in the disputed claim separate
from the Councilmember's role as a City official.
17.4 Communication among Councilmembers shall conform to the following
parameters:
A. Except in connection with Council members meeting, informally, in
committees not subject to the Open Public Meetings Act, to assure that
communication on agenda items occurs to the greatest extent possible at
the public meetings, and to avoid even the perception that email is being
used in a way that could constitute a public meeting, e.g., successive
communications on City Council topics that involve a quorum of the
Councilmembers. Councilmembers should refrain from emailing
Page 27
Exhibit A Resolution No. 5217
Councilmembers about such agenda items. Councilmembers should be
prepared to communicate about matters that are on upcoming 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 council meeting packets..
B. Councilmembers may communicate via email to other Councilmembers,
including to a quorum of the full City Council about matters within the
scope of the City Council's authority or related to City business, but not yet
scheduled on upcoming 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 other
Councilmembers in that communication.
C. Email communication among Councilmembers relating to City operations
should also include the Mayor as a recipient/addressee.
D. Councilmembers may email the Mayor about City business without
limitations or restrictions.
17.5 Internet& Electronic Resources/Equipment Use..
A. Policy. It is the policy of the City Council that Internet and electronic
resources equipment use shall conform to and be consistent with the
requirements of City of Auburn Administrative Policy and Procedure 500-
03, "Internet & Electronic Resources/Equipment Use — Elected Officials"
adopted hereby and incorporated herein by this reference.
It is important to note that all letters, memoranda, and interactive computer
communication involving City Councilmembers and members of advisory
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 informal notes, do not constitute a public record. Users should
delete these messages once their administrative purpose is served.
Page 28
Exhibit A—Resolution No. 5217
2. All other messages that relate to the functional responsibility of the
recipient or sender as a public official constitute a public record.
Such records are subject to public inspection and copying.
3. Electronic communications that are intended to be shared among a
quorum of the City Council or of an ad hoc Council Committee,
whether concurrently or serially, must be considered in light of the
Open Public Meetings Act, if applicable. 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 not occur.
4. Electronic communication should be used cautiously when seeking
legal advice or to discuss matters of pending litigation or other
confidential 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 other than the intended recipients, or the attorney-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 without 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
personal home computer to send electronic communications
dealing with City business, the electronic communications and
electronic records may be subject to discovery demands and public
disclosure requests. That possibility amplifies the need for caution
in how one uses electronic communication for City business.
17.6 Council Relations with City Boards and Commissions.
A Council Liaisons.
Different than where a City Councilmember is appointed by the City
Council or the Mayor to serve as a member of a board, commission,
committee, task force or any other advisory body, the City Council may.,
for limited purposes or under unusual circumstances, appoint a
Councilmember to serve as a non-member Liaison to a board,
commission, committee, task force or any other advisory body.. Anytime a
Councilmember is appointed as such a Liaison, the position or role of
Page 29
Exhibit A—Resolution No. 5217
Liaison is subordinate to that of Councilmember, and the
Councilmember's responsibility is first and foremost to the City and to the
City Council. The role and responsibility of the Councilmember-Liaison is
to keep the City Council apprised of the activities, positions and actions of
the entity or organization to which the Councilmember has been appointed
Liaison, and not to communicate to the board, commission, committee,
task force or other advisory body a statement as the position of the City
Council, except as authorized or directed by the City Council. Insofar as a
Council Liaison position does not give all councilmembers equal access to
the activities, functions and information of or about a board, commission,
committee, task force or any other advisory body, appointments to Council
Liaison positions should be reserved to those instances where a Report to
the Council by the board, commission, committee, task force or any other .
advisory body would not be convenient or practical.
B. Reports to the Council.
Each board, commission, committee, task force or any other advisory
body of the City shall be requested to present a report to the City Council
at a Regular Meeting or a Study Session of the City Council, as scheduled
by the Mayor or Deputy Mayor. Such reports shall be scheduled for a
Regular Council Meeting or a Council Study Session, and shall be
delivered by the chair of the board, commission, committee, task force or
any other advisory body or designee. The reports shall inform the City
Council, of the activities, functions and information with which the board,
commission, committee, task force or any other advisory body has been
involved since the previous report, and shall include the opportunity for
questions by Councilmembers.
17.7 Whenever a member of the City Council attends any meeting of any other entity
or organization, he or she should endeavor to be prudent in what he or she says
or does at such meeting. Further, the Councilmember should avoid attending
such meeting if that attendance would impose an interference with the meeting or
the operations of the other entity or organization, or of the operations of the City.
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 and budget
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
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Exhibit A Resolution No. 5217
pursuant to a motion, approve the request by a majority vote of a quorum of the
City Council at the meeting in which the matter is considered.
SECTION 19 - CONFIDENTIALITY
19.1 Councilmembers shall keep confidential all written materials and verbal
information provided to them during Executive Sessions, to 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.
SECTION 20 — ENFORCEMENT OF RULES OF PROCEDURE
20.1 Councilmembers shall conform their conduct to the requirements, standards and
expectations set forth in these Rules of Procedure. In addition to and
notwithstanding 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.
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Exhibit A—Resolution No. 5217
City Council Rules of Procedure:
Adopted: February 2, 2004
Ordinance No. 5802
Amended by Resolution No. 4282, December 17, 2007
Amended by Resolution No. 4429, December 15, 2008
Amended by Resolution No. 4467, April 6, 2009
Amended by Resolution No. 4615, July 6, 2010
Amended by Resolution No. 4686, February 22, 2011
Amended by Resolution No. 4740, August 15,2011
Amended by Resolution No. 4813, May 21, 2012
Amended by Resolution No 4909, February 19, 2013
Amended by Resolution No. 5105, November 3, 2014
Amended by Resolution No. 5112, December 1, 2014
Amended by Resolution No. 5115, December 15, 2014
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