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HomeMy WebLinkAbout5283 RESOLUTION NO. 5 2 8 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 AMENDED BY RESOLUTION NUMBERB. 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105, 5112, 5115 5217 AND 5240 WHEREAS, on February 2, 2004, the Auburn City Council adopted Ordinance No. 5802 approving the Rules of Procedure of the City Council; and WHEREAS, Ordinance No. 5802 also proVided that future amendments or modfications to the City Council Rules of Procedure could be accomplished by Resolution properly introduced and passed by the City Council; and WHEREAS, since Ordinance No. 5802, the City Council passed Re.solution Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105, 5112, 5115, 5217 and 5240, which Resolutions adopted certain modifcations to the City Council Rules of Procedure; and WHEREAS, in accordance with Resolution No. 5105, passed on November 3, 2014, the City Council revised its approach to conducting its business and handling its public meetings by changing from a Council committee format to a study seSsion format, giving all of the City Councilmembers equal access to the inforination relating to city business; and WHEREAS, since that time, the City Council has appreciated that tHere are advantages to aliowing different councilmembers to chair different portions of ineetings, something that was more available in the councii committee structure; and WHEREAS, having considered the options and alternatives in terms of conducting city business, the City Council designated an ad hoc committee to study how increased opportunity for members to chair certain portions of ineetings could dovetail in to a process that also assured that all counciimembers received access to the information necessary for Council decisions to be made; and -------------------------- Resolution No. 5283 June 3, 2016 Page 1 of 3 WHEREAS, a hybrid strategy was developed whereby study sessions, chaired by the deputy Mayor, would still exist but would have a portion focused more specifically on certain areas of city operations, as a part of the study sessions, but chaired by another member of the city Council, a strategy that provides the advantages sought by the city Council. 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 Ci.ty 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 Decernber 1, 2014, Resolution No. 5115 on December 15, 2014, Resolution No. 5217 on May 2, 2016, and Ftesolution No. 5240 on July 5th, 2016, are hereby amended as set forth in Exhibit "A", attached hereto and incorpo.rated 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�day of ���,/ , 2017. CITY OF AUBURN ATTEST: ANCY B US, MAYOR ���CC�%L��b �sS�'c.l�'�—� Danielle E. Daskam, City Clerk Resolution No. 5283 � June 3, 2016 Page 2 of 3 APPR YED TOFOR • D iel B. H '. , City Atto ney ---------------------------- Resolution No. 5283 June 3, 2016 Page 3 of 3 RULES OF PROCEDURE OF THE GITY COUNCIL OF THE CITY OF,AUBURN, WASHINGTON TABLE OF CONTENTS SECTION 1 AUTHORITY 1 SECTION 2 COUNGIL MEETINGS 1 SECTION 9 ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA 4 SECTION 4 60UNCILMEMBER ATTENDANCE AT MEETINGS 10 SECTION 5 PRESIDING OFFICER- DUTIES 11 SECTION 6 GOUNCILMEMBERS 12 SECTION 7 DEBATES 12 _. . _ SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 13 SECTION 9 VOTING 15 SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 16 _ _ SECTION 11 PUBUC HEARINGS AND APPEALS 16 SECTION 12 DEPUTY MAYOR SELECTION PROCESS 17 SECTION 13 COUNCIL POSITION VACANCY 19 SECTION 14 COUNCIL MEETING STAFFING 19 SECTION 15 COUNCIL RELATIONS WITH STAFF 19 _ _ SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY BOARDS 20 SECTION 17 COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 27 SECTION 18 TRAVEL AUTHORIZATION 31 SECTION 19 GONFIDENTIALITY 32 _ _ SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 32. RULES OF PROCEDURE OF THE CITY COUNGIL OF THE CITY OF AUBURN, WASHINGTON SEGTION 1 - AUTHORITY The Aubum City Council hereby establishes the following rules for the conduct of Gouncil meetings, proceedings and business. These rule§ sliall be in effect upon adoption by resolution of Council and until such 4ime 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 pubfic and all persons shall be permitted to attend any meeting of this body, except as provided in RCW Chapter 42..30. Page 1 The City Clerk shall be responsible for preparing agendas for all City Council meetings pursua.nt to the authority of Section 2.03.100 of the City Code'. The City Clerk shall cause to be prepared ac4ion minutes of all of the Counci� meetings, which minutes shall contain an account of aIi official actions of the Council. Council meetings shall be elecUonically recorded and retained for the period of time as proVided by State law. 2.1 Regular MeeEings - In accordance with Sections 2.06.010(A) and 2.06.020 of the CityCode, the regular meetings of the Gity Council shall held on the first and third Mondays of every month in the City HaU Council Chambers located at 25 West Main Street, Aubum, 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 meefing falls on a legal holiday, 4he meeting shall be held at 7:00 p.m. on the first business day following the holiday. The Presiding Offcer shall be as set forth in Section 5.1 herein. The Mavor, as �esi�+ag-presidinq 8f#iceF-officer shall be seated at the center of the dais, and the Deputy Mayor shall be seated to the Pfesidi�gpresidinp 9#ise�s officer's immediate left. When the Deputy Mayor is acfing as the Rr�si�g presidin�9#isefofficer, in the absence of the Mayor, the Deputy Mayor shall be seated in the center of the dais. The seating arrangement for the othermembers of the Council shall. be as directed by the City Council pursuant to a moEion 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. � 2.03.100 Meeting coo�dination duUes. The mayor or the mayor's designee shall be responsible for the preparation of agendas for the mee6ngs 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 andlor or by the ad hoc committees designated to act on behalf of the city council, and for inoluding in tHose agendas the items and issues proposed by the mayor and city administration, for consideration tiq the couricil. The mayor oP the maybr's designee shall also be responsible for publishing notices for meetings and for p"ublic hearings foF the meetings of(he council and the various boards, commissions and committees of tHe city, and for setting the dates and times for said pubiic hearings, except in those instances when semng dates and times for public hearings is required by statute to be done through council resolution. (Ord. 6405§ 1, 2012; Ord. 5761 § 1,2003.) Page 2 [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).] 22 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 everymonth in Ehe 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, other than those portions thereof for which Special Focus Areas are scheduled (as described herein below). 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 seafing 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. Se.cond Monday of the month - Council Study Session -- 5:30 PM C. Third Monday of the mon4h - Regular Counc.il 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 Speciai Meetings - In accordance with Section 2.06.040 of fhe Gity Code and Section 35A.12.110 RCW, a special meeting of the City Council may be salled by z Any of these regularly scheduled meetings may be cancelled if not needed. Page 3 4he Mayor or any three members of fhe 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, fhat 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 Gouncil, 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 of the City � Council, and will be announced by the R�es}d+ag-presidinq 8€#ice�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 the Mayor with the concurrence of the Deputy Mayor or, in the absence of either, by the Mayor or the Deputy Mayor, or by a majority vote of the City Council, and proper notice given 6y 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 liy 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. 3.1 The agenda format of the Regular City Council meeting shall be as follows: A. Call to order. � The�:.;�-9#� Mavor shall call the meeting to order. Page 4 B. Pledge of Allegiance. � The o��c'��Mavor, 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 � �residia�-9#iseKMK avor or the City Council regarding a non-controversial event, activity o�special interest g�oup which has a major city-wide impact. 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 publi5hed agenda are announced at this time. G. Public Hearings and Appeals Individuals may comment on public hearing and appeal items, proyided that when an appeal is a closed record appeal, the matter shall be considered based on information, evidence and documentsin the record. Argument on the appeal shall�efer only to matter§, information, documents and evidence presented at 4he underlying hearing from which fhe appeal is taken, and no new information, evidence or documents may be added, and argument on the appeal may only deal wi4h informafion, evidence and documents in the � record. The �esidia�qresidinq 9#+se�officer will state the public hearing and/or appeal procedures before each hearirig. H. Audience Participation Membe.rs of the audience may comment on items relafing to any matter related to City business under the Audience Participation period. Comments Page 5 are limited to three(3)minutes per person, and a total of fifteen(15)minutes per topia 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 � R�esi�i+�g-presidinq 8#iseFofficer may make exceptions to the audience participation time restrictions when warranted, in the discretion of the � Rfesidiagpresidinq 8#1se�bfficer. Citizens may also speak on individual agenda items on the printed agenda at the time they are considered by the Counc'ii as requested by the F-�esi�ling presidinq 8#+seKofficer. I. Correspondence J Council Ad Hoc Committee Reports Council ad hoc Committee Chairs may report on the status of their ad hoc Gounc'il Committees' progress on assigned tasks and may give fheir 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 forpublic 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 Page 6 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 tead aloud by the City Attorney prior to a vote being called on 4heir 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. 2. Prior to any ordinance being considered for adoption by the Gity Council, the ordinance shall be included on aStudy 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 consideradoption 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 Ci4y Council consider adop.4ion 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 #he 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 vbte 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 tq voting on its adoption, the ordinance shall be placed on an upcoming Study Session agenda for review and discussion. 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 Page 7 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 whe4heror 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 affrmative 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 Attomey prior to a vote being called on their passage, provided that any councilmember may upon request, have a full reading of 4he text of a proposed resolution prior to the vote on its passage. It shall not require a second tb the request for a full reading of a resolution. It is further provided, however, that the requirement for a reading of the title of the proposed resolution, or a full reading of the text of the proposed resolution may be waived upon a motion duly made, seconded and approved by a majority of the councilmembers in attendance at the council meeting. 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 Attomey, 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 4he resolution, or direct staff to further review the proposed resolution. A reso�ution shall be p.assed 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. � Page 8 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�es4dlag-presidinp 9#+sef-officer to re6ess 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 ruies so as to provide that an item on the agenda may be taken out of order - considered at a different order or placement in fhe 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. B. Adjustment of Agenda by Mayor. If the Mayor, as the pre.siding 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 I (1957 code § 1.04.120.); ACC 2.06.140 (1957 code § 1.04.140.); ACC 2.06.170 (1957 code § 1.04.190.); ACC 2.06.180 (Ord. 5635 § 2, 2002; 1957 code § 1.04.200).] Page 9 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 wiil 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 mee;ing, 4he 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 fhey are assigned. Councilmembers should inform the Chair of such Ad Hoc Council Committees or the Gity 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 me.eting. 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. Prbvided 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 oc City Clerk if they expect to be late to any such Special meeting. If a C.ouncilmember has informed 4he Mayor or City Clerk that he or she is unable to attend such Special meeting; the minutes for that meeting shall show the Counciimember as having an excused absence for that meeting. Proqided that excessive, continued or prolonged absences may be addressed 6y 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 me.etings"for the purposes of RCW 35A.12.060, applicable to Regular City Council meetings. However, in addition to the appiication 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. Page 10 SECTION 5 - PRESIDING OFFICER- DUTIES 5.1 Conduct of Meetings � The�g-presidinq 9#ase�-officer at all Regular Meetings of the Council shall be the Mayor and in the absence of the Mayor, fhe Deputy Mayor will act in 4hat 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 the Pfesidi+�g-presidinq 8#Jse�officec until the return of the Mayor or Deputy Mayor. Additionally, the Deputy Mayor shall serve as the presiding o�cer for Council Study Sessions, other than those portions thereof for which Special Focus Areas are scheduled (as described herein below). It is further provided that, though not the RKesid+ag presidinq 9#fiser—officer of Study Sessions, the Maybr is encouraged to attend Study Sessions. 3 [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 counc'ilmember who wishes an opportunity to speak, provided that the mover of a motion shall be permitted to debate it fiist, and � provided that the °�^c'�presidinq 8€Efse�officer may also allow discussio.n of an issue prior to the stating of a mofion when such discus.sion would facilitate wording of a motion; E. May affix approximate time limit for each agenda item; F. When matters on the agenda are placed, or are able to be placed under more than one classification or category, as defined by the Order of Business, and the matters involve or are closely related to other subject matter, then the �esfE4lac�presidinQ 9#ise�officer may, in the 2�e�l+ac,} presidina ^�—officer's discretion, present such matters before the Council,for discussion, consider and vote, at a different place in the agenda 3 For the purposes hereof. whenever the term "Mavor" or"Deputv Mavor" is used. it shall also indude Ihe person who in the absence thereof shall assume actions or resqonsibilities in place of the Mavor or Dep� Mayor. When the term "presidinq officer" is used, it shall refer to the person responsible for qresidina over the meetina in question. Page li 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 2.06.490 (1957 co.de § 1.04.2T0).] SECTION 6 - COUNCILMEMBERS 6:1 Remarks. - Councilmembers desiring to speak shall address the presiding o�cer, and when recognized, shall confine himself/herself to the question under debate. � 6.2 Questioninq. -Any member of the Council, including the �rasi�ia�9#IseFMavor, shall have the right to question any individual, including members of 4he staff, on matters gemiane 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 ordegrade the individual being interrogated. 6.3 Obliqation to the Public Aqencv. - Notwithstanding the right of Councilmembers to express their independent opinions and exe�cise 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 fhe City Council and Gity staff in ways that promote effective local government. 6.4 Council Trainina. - Councilmembers are expec.ted to participate in training offered by individuals, agencies, entities and organizations including but not limited to the Association of Washington Cities and the $tate of Washington, so as to afford the Councilmembers the opportunity to better understand their roles as City Councilmembers. 6:5 Participation in Committees.AQencies and Orqanizations. -To better representihe. interests of the City of Aubum, Councilmembers are encouraged to participate in assignments to local, regional, state and national committees, agencies a.nd organizations. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 7 - DEBATES I 7.1 Soeakinq to the Motion, - No member of the Council, including the p�� presidinq 9ffi�e�officer, shall speaK more than twice on the same motion except by consent of the ��esidi�—presidinq 9#€ir�-officer or a majority of the Councilmembers present at the time the motion is before the Coun.cil. Page 12 I 7.2 Interruption. - No member of the Council, including the Pfesidia�-presidinq 9#�seKofficer, shall interrupt or argue with any other member while such member has the floor, other than the�esi�4i�-presidinq 9#fse�sofficer's duty to preserve order during meetings as provided in Section 5.2.A of these rules. 7.3 Courtesv. - All speakers, including memb.ers of the Council, which includes the �esid+ag-presidinq S#ise�officer, in the discussion, comments, or debate of any matter or issue shall address their remarks to the R-resi�{ag-presidinq 9##ise�officer, be courteous in their language and deportment, and shall not e.ngage 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 confne their remarks to those facts which are germane and relevant to the question or matter under discussion. 7.4 Transaression. - If a member of the Council shall transgress these rules on � debates, the�esi�+ag-presidinq 9#ase�officer shall call such membeY to order, in which case such member shall be silent except to explain or continue in order. If � the R�esidiagpresidina 8#�ee�officer shall transgress these rules on debate orfail to call such member to order, any other member of the Council may, under a point of order, call the�resic#ia�-presidinq 9#iser-officer or such other member to order, in which case the�esi�gpresidinq 9#+se�officer or such member, as the case may be, shall be silent except to explain or continue in order. 7.5 Challenqe to Rulinq. -Any member of the Council_, �^^'���'�^^ *�^ o•^c'�"^^ ^�'^^� shall have tlie right to challenge any action or ruling of the D"^,�-presidina 9#iseKofficer, ^� �-^^^��^• ^� ��^ ^^�^ m" ��, in which case the decision of the majority of the members of the Council present, �^^' �' ^^ `�� o.���,� ,,,. nr�,.�. shall govern. [See former ACC 2.06.130 (1957 code § 1.04:130).j SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS � 8.1 Unless specificaliv provided differentiv herein. AN—all City Council meeting discussions shall be govemed by ROBERTS RULES OF ORDER; NEWLY REV/SED (latest edition). 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 4he person making the moUon, request for a rbll 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�?�a�-presidinq 8#fsialofficial, shall be allowed to vote to break a tie vote. Page 13 8.4 When making motions, Councilmembers shall be clear and concise and not include arguments for 4he 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 wish.e.s to abstain,from a vote on the mo4ion p.ursuant to the provisions of Section 9 hereof, that Councilmember shall so advise the City Council, and shall remove and absent himself/hefself from the deliberations and considerations of the motion, and shall have no further participation in the matter: Such advice stiall be given prior to any discussion or participation on the subject matter or as soon thereafter as the Councilmember perceives a neetl 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 Attomey to detertnine if the basis for the Councilmember's intended abstenfion 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 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 que.stion" 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 non debatable 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. 8.9 A motion to po.stpone 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 4ime 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 a�rmative vote. 8.11 A motion to call for the question shall close debate on the main motion and is not debafable. This motion must receive a second and fails without a two-thirds' vote; debate is reopened if the mo4ion fails. Page 14 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 RKeSld+ag-presidinq 9#F+eeFofficer, City Attorney or City Clerk should repeat the motion prior to vofing. 8.17 The City Cle�k will take a roll call vote, if requested by the �ia�-presidina 9f#+seKofficer, 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 4he majority may inquire of Counci�members who voted with the minority as to the reasons for their minority vote, if not stated during debate prior to the vote. 8.19 The City Attomey shall act as the Council's parliamentarian and shall decide all questions of interpretations of these rules which may arise at a Council meeting. 8.20 These rules may be amended, or new rules adopted, by a majority vote of the full Council. [See former ACC 2.06.160 (1957 code § 1.04.180.); ACC 2.06.170 (1957 code § 1.04.190.); ACC 2.06:200 (1957 code § 1.04.220.); ACC 2.06.210 (1957 code § 1.04.230).] � SECTION 9 - VOTING° 9..1 Voice vote - A generalized vertial 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 offcial minutes of the Council. Silence of a Councilmember during a voice vote shall be - -- - . __ _ ? The Citv-Council cannot vote on items durinq a Studv Session:At a Studv Session, the Deputv h9avor_or the Chair of a Soeciai Focus Area will look for'bonsensus." For the ourposes hereof and wh=re consistent with these Rules of Procedure. consensus shall mean a coilective position of the Citv Council where a 'maioritv of the members can suaport or`9ive a+iitFi"taccepfl the item orbro�osed discussion. Consensus of thie bodv�ivill �e pauqed bv the pr=sidinq officer: Page 15 recorded as a vote with the preva'iling 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 R�esi�i��-presidinq 9#FseK 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 Counc'ilmember may abstain from discussion and voting on a question because of a stated conflict of interest or appearance of faimess. 9.4 Votes bv Mavor - Except where prohibited by law, the Mayor, as �esic�}a� presidinq 9f#isialofficial, 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 flling 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 J�zsi�+�-presiding8#iseFofficer may make exc.eptions to fhe time restricfions of persons addressing the Council when warranted, in the discretion of the � ��esidiftQ-presidinq 8##ieeFofficer. 10.2 Any person making personal, impertinent or slanderous remarks while addressing the Council shall be barred from further audience participation by the �Q presidinq 9#€+ee�officer, unless permission to continue is granted by a majority vote of the Council. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 11 - PUBLIC HEARINGS AND APPEALS 11.1 Quasi juiiicial hearings require a decision 6e 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 Directo�'s designee, will present the City's position and findings. Staff will be available to respond to Council questions. Page 16 B. The propone.nt 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 shap serve as timekeeper during these hearings. F. After each proponent and opponent spokesperson have used their speaKing time, Council may ask furtherquestions 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 �-presidinq 9f#ice�-officer may make exceptions to the time restrictions of persons speaking at a public hearing when warranted, in the � discretion of the��-presidinq 9#ieeKofficer. C. The City Clerk shall serve as timekeeper during these hearings. D. Afte� the speaker has used their allotted time, Council may ask questions of the speaker and the speaker may respond, but may not engage in further debate. E. The hearing will then be closed to public participation and open for discussion among Councilmembers. � F The P����—presidinc�9ffice�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 a.s 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. Page 17 A. Any member of the City Co.uncil 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 Counc'il shall be elected Deputy Mayor. A Councilmember may vote for him or herself. G. The names of all nominees for 4he position of Deputy Mayor shall be included in the vote. D. If no single Councilmember received a majority of the votes cast, a sec.ond 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.s [See RC1N 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 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 5 It may be that if there were a larger n6mtier of nominees in the initial eleotioq there would not be (only) two councilmembers who received the largest number of votes.For instance,if one nominee received three votes a second nominee received two votes and a third nominee also received two vo[es,i[might be appropriate[o tiave an ini[ial run off between the second and the third nominees to determine who would be included in the final run-ofF against[he first nominee. Page 18 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 u.nexpire.d Council position becomes vacant, the City C.ouncil has ninety (90) days from the occurrence of the vacancy to appoint, by majority vote of a quorum of 4he 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. SECTION 14 - COUNCIL MEETING STAFFING � 14.1 Department Directors or desiqnees shall attentl 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 Attomey shall act as fhe Council's parliamentarian. �-An 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 Page 19 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 4he Councilmembers will acknowledge City staff as administering the Council's policies. 15.3 It is the intent of Council 4hat all pertinent information asked for by individual Council members shall be made available to the full Council. 15:4 Indiyidual 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 fhe 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 opera4ing rules and prac4ices of any City department. 15:6 No individual Councilmember shall direct the Mayorto initiate any action or preqare 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 indivicival requests or suggestions to the Mayor. The Mayor shall endeavor to adyise and update fhe 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 Aftorney's Offce, 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 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 ADVIS.ORY 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 Couneil 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 4he format for Regular Council Mee4ings (identified in Section 3 hereof), Study Sessions shall be less formal than Regular Counsil Meetings and shall give the City Council the opportunity to discuss and Page 20 debate issues coming before it for action at Regular Council meetings. The format for these meetings shall be as follows: A. General Business Focus and Special Focus Areas Studv Sessions shall consist of two (21 Focus divisions per meeting; (1) a General Business Focus and (21 a Special Focus Area. The General Business Focus shall be scheduled first. and shall include aqenda items that relate to issues of qeneral City concern, items that will be cominq before the CitV Council at upcominq meetinqs and presentations and reports to the Citv Council. The Special Focus Area qroups shall, on a rotatinq basis described below commence fheir portion of the Study Session followinq the conclusion of the Studv Session General Business Focus, The Special Focus Area qroups shall review matters of Council concern related to their areas of oversiqht responsibilitv. The Sqecial Focus Area qroups shall consist of the followinq: I11 Public Works & Communitv Development; (2) Municipal Services� (3) Health & Human Services: and (4) Finance & Economic Development. These Special Focus Area groups shall be tasked evith oversiqht of Council considerations as follows: 1 . Public Works 8� Communitv Development: • Utilities • Zoninq Codes & Permits . Innovation & Technoloqv • Transportation • Streets a Enqineerinq • Capital Proiects e Sustainabilitv • Environmental Protection • Cultural Arts and Public Arts • Planninq 2. Municipal Services o Police o SCORE Jail e District Court • Parks & Recreation • Animal Control • Solid Waste • Emerqencv Planninq . Airport o Airport Businesses • Sister Cities • Multi Media Page 21 3. Health & Human Services • Human Services Fundinq • Public Weliness • Domestic Violence Services • Homelessness Services • Affordable Housinp • Communitv Services . Human Resources • Medical Communitv Relations 4. Finance & Economic Development • Citv Budqet & Amendments • Risk Manaqement • Equipment Rental • Facilities • Citv Real Propertv • Leqal • Develoqment Incentives • Business Develoqment • Economic Development Strateqies Aside from the above Special Focus Area topics, there shall be a Finance ad hoc Committee to review vouchers and pavroll. B. Schedulinq of Special Focus Area. 1 . The Special Focus Areas shall conduct their portion of the Studv Sessions on 2nd and 4'h Mondavs of the month on a rotatinq basis such as as follows: Public Works 8� Communitv Development, then Municipal Services, then Health & Human Services, then Finance & Economic Development, then Public Works & Communitv Development. then Municipal Services, and so on. 2. On 5'" MondaVs of the Month, Studv Sessions will not tvPicallv include anv of the above Special Focus Areas. but mav include special topics and issues of aeneral concern to the Citv Council, includinq Council operatinp arranqements and Council Rules of Procedure. It is provided, however, that in order for the Citv Council to address the matters cominq before the Citv Council, the Mavor and Deputv Mavor maV. as theV deem appropriate, insert into anv Studv Session anv matters callinq for Citv Council consideration and discussion, reqardless of Special Focus Areas. Page 22 3. Toqics for Special Focus Area consideration (for inclusion in the Special Focus Area portion of the Studv Session aqenda) shall be determined bv the Chair of each Special Focus Area alonq with the Mavor and the Deputy Mayor, takinq into account matters within the topics of the Special Focus Area callinq for action or consideration, and suqpestions bv other Councilmembers of such toqics. C. Meeting Times: Study Sessions shall be scheduled as set forth in Section 2.3, above. � �D. Study Sessions should conform to the following: 1. Meeting facilitation - the Deputy Mayor shall preside over/conduct General Business Focus portions of Study Sessions. The Councilmember selected to chair the Sqecial Focus Area for the studv sessions for which his or her.Special Focus Area is scheduled shall preside over/conduct the Special Focus Area of the Study Session. 2. Four or more Councilmembers shall constitute a quorum for Study Sessions. � 3. ��+��aa�-eae-�al�Three to four hours maximum timeframe (goal). ra. .'�'f-..,.,f.n.:;:. .. .i A-, 'f.:n. - .. e..-'�1l1 i.._�fl,p., n '+.,o-f 6:4_Agenda items should relate to future policy-making, strategic planning or key state or federal issue.s affecting current or future city operations. �5_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 ifems (e.g., accepting a grant, authorizing contract bidding, etc.) should go d.irectly to the Regular City Council meeting. � �E_Study Session Meeting Format6 � 1. Call to Order s 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 23 � The�ra�idia�-9#+se�Dequty Mayor 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 forthe request shall be given at the time of the request. 3. Announcements, Reports and Presentations � The �si�i;,g---��;Deputy Mayor shall provide any announcements, reports or presentations that need to be shared with the City Council in advance of the agenda discussion items. Afte� that these announcements, reports or presentations, City Council members may have questions or wish to discuss the issues at this time or request 4hat 4hey be put on a future Study Session agenda for further discussion. Study Sess'ions. are an opportunitv-for the _members of the::..CitV; Council to discus§:amonq themselves issues cominq before fhe GitV Council. Studv Sessions do not include a place on the aqenda for public audience__participation.._However. at. the�request of. .the presidiriq officer: individuals may be asked to give a report oo topics appearinq on.the.Studv Session aqerida: 4. Agenda items for Council Discussion. � The P���,��9,ff,;�Deputv Mavor 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 o�cc•��p2pUtV Mavor 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 �xesid+ag--9#ise�Dequtv Mavor shall open the floor for Council discussion on the agenda items in 4heir 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, oth.e.r than the requirement that there be a motion before Council discussion. At fhe conclusion ofi the discussion, or at 4he point the Council feels its questions have been answered and discussion vetted, the Page 24 � o•�c�-:�Deputy Mavor shall move the attention of the Council to the nexf discussion item on the agenda; provided that if, after a lengthy discussion on a particularagenda item, the�esi�iag presidinq 9#ise�-officer concludes that discussion should be continued to a later date, the o��c'�:^^�-^��Deputv Mavor 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 forrnal 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 4he City Council at a regular or Special Meefing of the City Council for consideration ofiadoption or whether itshould 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. 6. Other Discussion Items � The �'rasi�ing-presidinq 9#fiee�-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; � providecJ that if the�es+�+�g-presidinq 9#ise�-officer cbncludes that there is not sufficient time to discuss or continue discussing the topic, Page25 I the �—presidina 9�Fise�officer may defer discussion or continued discussion to a future Study Session. 7. New Business ��. _ . ,___a � ____... __ _ . Aqenda_topics for future.Studv Sessions.mav be proposed bv anv Coancilmember durina NewBusiness. If there`is a consensus amonq fhe Councilmembers, the DeputV MaVor and:the Mayor wiil iimeet,to _ _ _.._ place tlie-topic on the Matrix fona:future.Study_Session.Aqenda..Af _ �_, Council_tJiscretioh, production antl_deliverv ofi a "white.paper"��in Iieu of a.future aqenda item.mav be considered: 8. Special Focus Area a. The Chair of the Special Focus Area scheduled for the Study Session, on a rotating basis as described above shall preside over this portion of the studv session. b. The Chair of the Special Focus Area shall call the various items included in the aqenda for this portion of the Studv Session , � . __ _--- .�___.. _, c. TYie Chair of the Special Focus Area shall also review_the Matrix with respect fo.itemsrelated to.the Special Focus Area. 9. Matrix Review/Update (the DeputV Mavor shall preside over this pOrtion of the StudV Session) a. Followinq the condusion of Citv Council consideration of the topics of the Special Focus Area, the Citv Council shall review the Matric of upcominq topics. b. The Matrix shall consist of tooics from all areas of citv concern, qeneral concern as well as topics of each of the Special Focus Areas �10. Adjoumment The o�^����Deputv mavor shall adjoum the Study Session after conclusion of discussion on the above agenda items. � 16.2 The Mayor. the Deputv Mavor 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. 5u.ch ad hoc committe.es 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 Page 26 shall appoint_Council representatives to intergovemmental councils, boards and c.ommittees, @rauided-i#aa�-and the Deputy Mayor shall app.oint Councilmembers to Council ad hoc committee�, '..--,�=��,=; provided that the Mayor shall appoint members to Council ad hoc committees if the Deputy Mayor is disa6led or precluded from acting in that capacity. Councilmember appointments to intergovernmental councils, boards and committees, incluiiing ad hoc committees, shall be periodically reyiewed to detertnine 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 seniing 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 othervyise expressly proqided 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 fhe agenda item being discussed by the Committee,. Unless othervvise expressly provided for such ad hoc committee, it is the infention 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 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 Rublic Meetings Act (Chapter 42:30. RCW). 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 before individuals, another govemmental 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 Gouncil, if known, on such issue. Personal opinions and commenfs which differ from those of the Council majority may be expressed if the Councilmember clarifies that these Page 27 statements do not represent the City Co.uncil'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 Attomey or the City's Risk Manager, so that the Councilmember Vuould 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 govemment agency or community organization. 17.3 Councilmembers shall not knowingly communicate with an opposing paity or with an opposing attorney in connection wi#h any pending or threatened li4igation in which the City is a party or in connection with any disputed claim involving the City without the prior approval of the City Attomey, unless the Counc'ilmember is individually a party to the litigation or is inqolved 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 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 forvvard that information to the Mayor for distribution in the council meeting packets. B. Councilmembers may communicate via email to other Councilmembers, inGuding to a quorum of the full City Council about matterswithin 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 mee4ing agendas; providetl 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 incluiie the Mayor as a recipienUaddressee. Page 28 D. Councilmembers may email the Mayor about City business without limitations or restrictions. 17.5 Internet 8� Electronic Resources/Equipment Use. A. Policy. It is 4he policy of the City Council that Internet and electronic resou.rces equipment use shall conform to and be consistent with the requirements of City of Auburn Administrative Policy and Procedure 500- 03, "Internet & Electronic Resowrces/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 adyisory boards and commissions, the subject of which relates to the conduct of govemment 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 shoutd delete these messages once their administrative purpose is served. 2. All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records are subject to public inspectibn 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 cons.idered in light of the Open Public Meetings Act, if applicable. If the intended pu�pose of the electrbnic communication is to have a discussion that should be held at an ope� meeting, the electronic discussion shall not occur. Further, the use of electronic communication to form a collec4ive decision of 4he Council shall not occur. 4. Electronic communica4ion should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other confidential City business. In general, electronic communica4ion is discoverable in litigation, and even deleted electronic communication is not necessanly removed from the system. Confidential electronic communications should not be shared with indiViduals other than 4he Page 29 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 fransmitted to the public or news media without 4he filing of a public disclosure request with the City Clerk. 6. As a cautionary note, if an elected public o.�cial 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. TFiat possibility amplifies the need for caution in how one uses electronic communication for City business. 1Z.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, on limited occasions 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 Liaison is subordinafe 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 Counc'ilmember-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, tas.k 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 Ci.ty Council at a Regular Meeting or a Study Session of the City Council, as scheduled by Page 30 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 , A. Value of Council Travel. The Auburn Citv Council recoqnizes the need of its members to attend conferences. traininqs and meetinps to broaden their knowledqe of and familiaritv with a diverse collection of Citv-related issues includina but not limited to Public Works, Communications Transportation Economic Development Public Safety and Enerqv. These conferences also provide valuable opportunities to network with other citv elected officials Comparinq Auburn's specific issues with those of other cities often provides the Citv Council with established policies alreadv in place in other cities that can be adapted to meet the soecific needs of the Citv of Auburn as well as exoedientiv and e�cientiv acpu2intinp Auburn CitV Councilmembers with ideas of how to address Auburn issues and solve Auburn problems. B Annual Budpet Amounts for Council Travel To accommodate Council travel. the Auburn Citv Council shall aliocate an identified amount of monev each vear in the Ctv budaet process wherebv each Counciimember shail have an identified amount of monev earmarked for his/her Citv related travel costs, includinq transportation lodqinq meals and reqistration costs C Adiustment of Council Travel Allocations. Page 31 In the event that a councilmember needs more than the amount of travel related funds allocated for his or her use, the councilmember shall (1) see if there are unused funds available from anv other councilmember(s) who are willinq to transfer funds from their account to the counciimembe�needinq additional travel funds. wherebv with the consent of the Deputy Mavor and the othertrarisferrina councilmember(s) funds will be transferred to_the requestinq councilmember's allotment or(2) shall request a net adiustments to the budqet addinq additional funds to his or her allotment. which adiustment shall be approved by a majoritv of the whole Citv Council. D. Receipts and Travel Documentation Each Citv Councilmember shall be responsible for providinq to the Mavor or Finance Director, within �fen (10) busine'ss days of returninq from Citv travel anV and all Citv travel related receipts and documentation. Quaderiv repofts of the --- � - _ __ travel costs incurred bv each.:councilmember_shall be..provided�;bv,the,Finance D'epartment. SECTION 19 - CONFIDENTIALITY 19.1 Councilmembers shall Keep confidential all written materials and verbal information provided to fhem during Execu4ive or Closed Sessions and as provided in RCW 42.23.070; to ensure that the Citys 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, standa�ds 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. Page 32 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 Amended by Resolution No. 5217, May 2, 2016 Amended by Resolu4ion No. 5240, July 5, 2016 Page 33