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HomeMy WebLinkAbout5308 RESOLUTION NO. 5 3 0 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE CITY COUNCIL RULES OF PROCEDURE AS ADQPTED BY ORDINANCE NO. _ _ _ _ 5802 AND AMENDED BY RESOLUTION NUMBERS. 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105, 5112, 5115 5217, 5240 AND 5283 WHEREAS, on February 2, 2004, the Auburn City Council adopted Ordinance No. 5802 approving the Rules of Procedure of the City Couneil; and WHEREAS, Ordinance No. 5802 also provided that future amendments or modifications to fhe 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 Resolution Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105, 5112, 5115, 5217, 5240 and 5283, which Resolutions adopted certain modifications to the City Council Rules of Procedure; and WHEREAS, Section 35A.12.065 of the Revised Code of Washington (RCW) identifies the procedures for selection of mayors pro tempore and deputy mayors applicable to the City of Auburn, as follows: 35A.12.065 Pro tempore appointments. Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their number as mayor pro tempore or deputy mayor for such period as the council may � specify, to serve in the absence or temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise, appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence or disability of a councilmember, the remaining members by majority vote may appoint a ' councilmember pro tempore to serve during the absence or disability. [2009 e 549 § 3007; 1967 ex.s. c 119 § 35A,12.065.]; and Resolution No. 5308 July 25, 2017 Page 1 of 3 WHEREAS, it is advantageous for the City Council to clarify its selection process for the position of Deputy Mayor in a way that conforms with statutory terms and meets City needs. 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 Proeedure 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, Resolution No. 5115 on December 15, 2014, Resolution No. 5217 on May 2, 2016, Resolution No. 5240 on July 5th, 2016, and Resolution No. 5283 on February 21, 2017, 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. d� DATED and SIGNED this ��ay of � _ __ , 2017. CITY OF AUBURN ATTEST: - __ ANCY US, MA OR � Dani IIe�E. Daskam, City Clerk Resolution No. 5308 July 25, 2017 � Page 2 of 3 APP D A O FORM: Daniel B. Heid, ' Attorney Resolution No. 5308 July 25, 2017 Page 3 of 3 Exhibit "A" to Resolution IVo. 5308 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHIIVGTON TABLE OF CONTENTS SECTION 1 AUTHORITY � SEGTION 2 COUNCIL MEETINGS � SECTION 3 ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA 4 SECTION 4 COUNCILMEMBER ATTENDANGE AT MEETINGS 9 SECTION 5 PRESIDING OFFICER - DUTIES 10 SECTION 6 COUNCILMEMBERS 11 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 PUBLIC HEARINGS AND APPEALS 16 SECTION 12 DEPUTY MAYOR SELECTION PROCESS �7 SECTION 13 COUNCIL POSITION VACANCY 22 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 30 SECTION 18 TRAVEL AUTHORIZATION 33 SECTION 19 CONFIDENTIALITY 34 SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 34 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 NiEETINGS 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 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 fo�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 meefing 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 eventthat 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 Mayor, as presiding offieer 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 motiori 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. [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).] ' 2.03.100 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'ineluding 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 considerafion 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 counc'il resolution. (Orcl. 6405 § 1, 2012; Ord. 5761 § 1, 2003.) Page 2 2.2 Study Sessions - In accordanee wi#h 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 Cowncil 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 p:ortions 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 seating arrangement shall be re.quired for the Deputy Mayor or other members of the Gouncil, 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 accordanee 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 eaeh member of the Council at least 24 hours before the time specified for the proposed meeting; provided, howeyer; that no ordinance or resolution shall be passed, or 2 Any of these regularly scheduled meetings may be cancelled if not needed, Page 3 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 Couneil, 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 presiding officer. Executive session subjects are limited#o 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 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 fo 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 IVlayor, or his/her designee. A final agenda will then be prepared by the City Clerk and distributed to Counci_Imembers 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 Mayor shall call the meeting to order, Page 4 B. Pledge of Allegiance. The Mayor, 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 Mayor or the City Council regarding a non-controversial event, activity or special interest group 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 preeeded 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 Page 5 �; - - - - - — � (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 disoretion 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. I. Correspondence J Council Ad Hoc Committee Reports Council ad hoc Committee Chairs may report on the status of their ad hoc Council Committees' progress on assigned tasks and may give their recommendafions to the City Council, if any. K. Gonsent Agenda Approval of the Consent Agenda, including items eonsidered 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 Councilmem6er may remove any item from the Consent Agenda fo� 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. Page 6 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 requice a second to the request for a full reading of an ordinance. It is further provided, however, fhat 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 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 ordinanee 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 ordinanee at such Regular or Special Meeting of#he 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 Gouncil, 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�oting 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 repeating the ordinance title as read by the City Attorney and may choose Page 7 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 vofe 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 guorum of the City Council, provided that adoption of any ordinance that grants or revokes a franchise or license shatl 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 designafed 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 requ.ire a second to the request for a full reading of a resolution. It is further provided, however, that the requirement for a reading of the title of the proposed resolution, or a full reading of the text of the proposed resolution may be waived upon a motion duly made, seconded and approved by a majority of the councilmembers in attendance at the council meeting. 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 resolufion. 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. Page 8 P, Mayor and Councilmember Reports The Mayor and Councilmembers may report on their significant City-related activities since the last reguJar 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 fhat 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. 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 fhe City Council or others at the Council Meeting, the Mayor may call ,for the amendment of the agenda to accomplish such adjustment. Such aetion by fhe 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 dicected by the Mayor, the Gity 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.); ACG 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 fViEETINGS 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 mee#ing or Study Session, or if the,y knowingly will be Page 9 late to any such meetings. If a Councilmember has informed the Mayor or City Clerk that he or she is unable to attend such rneeting, the minutes for that rrieeting 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 6y 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 Hoe 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 Gommittee 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 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 absertces 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 the 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, other than those portions thereof for which Special Focus Areas are scheduled (as described herein below). It is further Page 10 provided that, though not the presiding officer of Study Sessions, the Mayor 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 deeorum 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 ocder, 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 a.n opportunity to speak, provided that the mover of a motion shall be permitted to debate it first, and provided that the presiding o�eer may also allow discussion of an issue prior to the stating of a .motion when sueh discussion would facilitate wording of a motion; E. May affix approximate time limit for each agenda item; F. When matters on the agenda are placed, or are able to be placed under more than one classification or category, as definecl 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 d.iscret_ion, 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, nofinrithstanding 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).J SECTION 6 - COUNCILMEIVIBERS 6.1 Remarks. = Councilmembers desiring to speak shall address the presiding officer, and when reeognized, shall confine himself%herself to the question under debate. 3 For the purposes hereof, wheneyer the term °Mayor" or"Deputy Mayor" is used, it shall also include the � person who, in the absence thereof shall assume actions or responsibilities in place of the Mayor orDeputy ' Mayor. When the term ''presiding officer" is used, it shap referto the person responsible for presiding over the meeting in question. Page 11 6.2 Questioninq. -Any member of the Council, including the Mayor, 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 quesfioning be conducted in a manner to the extent that such� would constitute a cross-examination of or an attempt to ridicule or degrade the individual being interrogated. 6.3 Obliqation to the Public Aqencv. - 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 Gity staff in ways that promote effective local government. 6.4 Council Traininq. - 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,Aqencies and Oraanizations. -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. [See focmer ACC 2.06.130 (1957 code § 1.04.130).] SECTION 7 - DEBATES 7.1 Speakinq 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 wifh 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 Courtesv. - All speakers, including members of the Council, which includes the presiding officer, in the discussion, comments, or debate of any matter or issue shall address their remarks to the presiding officer, be courteous in their language and deportment, and shall not engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any other member of the Council, or any member of the staff orthe pubic, butshall at all times confine Page 12 'i 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 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 o� fail fo 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 Challenqe to Rulinq. -Any member of the Council shall have the right to challenge any acfion or ruling of the presiding officer, in which case the decision of the majority of the members of the Council present shall govern. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS 8.1 Unless specifically provided differently herein, all City Council meeting discussions shall be governed by ROBERTS RULES OF ORDER, NEWLY REVISED (latest edition). 8.2 If a motion does not receive a second, it dies. Ma#ters 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 Gouncilmembers 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 he�eof, 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 Page 13 determine if the basis for the Councilmember's intended abstention conforms to the requirements of Section 9. Jf 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 Gouncilmember 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 Gouncil. 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 instanees 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 interru.pting 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 postpone to a certain time is debatable, is amendable a.nd 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#loor and has been seconded, by inserting or adding, sfriking out, striking out and inserting, or substituting. 8.13 Motions that cannot be amended inc.lude: 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. Page 14 8.17 The City Clerk will take a roll call vote, if requested by the presiding officer, a Gouncilmember, 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. [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 -VOTING4 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 ofi 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 co`nflict of interest or appearance of fairness. 9.4 Votes b Ma or- 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).] 4 The City Council cannot vote on items during a Study Session.At a Study Session, the Deputy Mayor or the Chair of a Special Focus Area will look for"consensus." For the purposes hereof and where consistent with these Rules of Proeedure, consensus shall mean a collective position of the Cify Council where a majority of the members can support or"liye with" (accept)the item or proposed discussion. Consensus of the body will be gauged by the presiding officer. Page 15 SECTION 10 - COMiVIENTS, 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 eontinue 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 APPE-ALS 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) affec#ed 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 spokespecson. E. The City Clerk shall serve as timekeeper during these hearings. F. After each proponent and opponent spokesperson have used their spe.aking 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: Page 16 A. The Department Director or designee shall present the issue to the Gouncil 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 d.iscretion of the presiding officer. C. The City Clerk shall serve as timekeeper during these hearings. D. After the speaker has used their allotted time, Council may ask questions of the speaker and the speaker may respond, but may not engage in further debate. E. The hearing will then be closed to public participation and open for discussion among Councilmembers. F The presiding officer may exercise changes in the procedures at a particuJar 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 vo#e, shall designate one of their members as Deputy Mayor for� a one vear time period , except as provided in Section 12.1, Paragraphs G and H herein. 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 provided that the name of the most senior member of the City Council who has not previouslv served as Deputv Mavor shall automatically be placed in nomination for the position of Deputv Mayor. [The nomina.tion of a councilmember for ##+s-the position of Deputy Mayor does not require a second, and a councilmember may nominate him or herself.] 1 For the purposes hereof the.most senior member of the City Council, senioritv shall be determined bv: � (a) The number o.f consecutive years, months and davs served; �b) If the number of consecutive years; months and davs.served � two or more members of the Citv Council are eaual, the member of the Citv C.o:uncil who received the qreater/qreatest Page 17 number of votes in the most recent_qeneral election in which such members were elected to the City Council shall be deemed most senior. 2 If the most senior councilmember declined the automatic nomination, the name of the next_most senior member of the City Council shall be automatically be placed in nomination for the position of Deputv Mayor• __. 3. If all members of the City Council have previouslv served as Deputv Mayor there_shall be no automatic senioritv nomination. 4. Other than for the automatic nomination of the most seniar councilmember who has not previously served as deputv Mavor, all other nominations for the position of Deputy Mayor shall be made_bv . members of the CitV Council on the dates of election for the beputy Mayor position� 5 In connection with the selection of Deputy Mavor, it is sironqly suqqested that councilmembers approach the election in .an op.en, transparent and respectful manner, avoidinq anythinq that _ jeopardizes harmonv amonq councilmembers. B. The Councilmember reeeiving a majority of the votes cast by the members � of the City Council shall be elected Deputy Mayor. A Gouncilmember may vote for him or herself. C. The names of all nominees for the position of Deputy Mayor shall be incfuded 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 finro nominees received the larger number of votes would be elected to the position of Deputy Mayor:5 E The Deputv Mayor shall serve a# the pleasure of the Council. F In the event of the absence or unavailabilitv of the Deputv Mavor, the lonqest serving member of the City Council other than the Dequtv.Mavor; 5 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 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 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 firial run-off against the first nominee. Page 18 shall serve as interim Deputy Mayor until the return of the regular Deputv Mayor. � G. If the desiqnated Dep.utu Mavor is unab.le to seNe the full term of the position of Deputv Mavor, the Council .shall _designate _the next_senior member of the City Council as Deputy Mayor for the rema'inder of the ter.m. If the appointment is declined the process shall continue until a Deputv Mayor is designated. H. In the event that the councilmember selected as Qeputv Mayor. is unable to _ _ __ _ _ perform the duties of the position of Deputy Mayor, or fails to act in accordance with the City Council Rules of Procedure, the City Council may, bv a maiority vote of the full City Council, remove the Deputv Mavor from this positioh, in which case, the next senior councilmember shall assume the position of Deputy Mayor for the balance of the_vear. If the.next:senior councilmember is unwilling or unable to assume the position of Deputy Mayor, the position of Deputv Mavor shall be filled bv a majoritv vote of the full City Council. [See FtCW 35A.12.065.] � 12.2 The Deputy Mayor, as the head of the leqislative branch of the City, shall perForm the following duties: � A: Intra-Council Relations_ � 1. Serve as the Chair of the Council Study Sessionsi 2. Serve as an ex-officio member of all other ad hoc committees of the City Council, provided that.attendance_by.a quorum of the City.Council at ad_hoc committee meetings shall comply with the Open Public Meetings Act(RC1N 42.30), unless expressly exempted.; , � 3. Assist in new councilmember trainingi 4. Support cooperative and interactive relationships among council � membersi 5. Work with Administration to prepare agendas for Council Study � Sessionsi 6. Preside over the Study Sessions of the City_Council,.and work with the chairs of the Special Focus Areas on the portions of Studv Sessions over whieh the Special Focus Areas ehairs preside Page 19 � B. Mayor-Council Relations: 1. Help maintain a positive and cooperative relationship between the � Mayor and the City Councili 2. Act as conduit between the Mayor and the City Council on issues or concerns relating to their dutiesi 3 Preside over Regular Meetings of the Citv Councif in the absence or unavailability of the Mavor; 4 In the event of the a prolonqed absence or incapacitation (a state of disability that proh'ibits the function of duties) of the Mayor, the Deputy Mavor shall perform the duties of the Mayor. �a) A prolonqed absence is defined as requirina a_Jeave af absence that prohibits the performance of the duties of.the office Vacation leave for periods up to two weeks, illnesses requirinq an absence of less than two weeks, out of state or out of countrv travel lastinq not more than_two weeks, or other similar short-term absences shall not be _considered proionqed absences. (b) In the event of a disaster _ emerqencv, or other similar circumstanee where the Mavor is out-of-town and unable to carry out the dufies of the office of Mavor;fhe_Deputv�Mavor, in consultation with the Mavor, shall act as Mavor_until.the return and availability.of the Mayor; 5 The Dequtv Mavor shall also stand in on behalf of fhe Mavor in other situations as requested by the Mavor; 6 In the performance of the duties of the Mavor, the Deputv Mavor shall not have authoritv to appoint remove replace discipline .or take other similar action on anv director.or emplovee of the Citv; 7 The Deputy Mavor shall not have veto authoritv for actions that mav be taken by the City Council; 8 The DeputY Mavor shall be aware of Citv; reqional_ _and intergovernmental policies and activifies in order to properly execute th.e role of Mavor. � C. Intergovernmental and Community Relations_ � 1. Act in absence of Mayor as requested and/or as requiredi , Page 20 2. Be aware of all City regional and intergovernmental po(icies and activities in order to be prepared to step into the role of Mayor if � necessaryi ; �� 3. Serve as the Chair of the Cify's Emergency Management Compensation Board_ D. Other Duties of the Deputy Mayor: 1. ' In cooperation with the Mayor _and_ Special Focus Area Aroup's chairpersons and with assistance from Administration, create and establish agendas for all studv sessions; 2 Preserve the decor_um and order at all Council Study Sessions; 3 Serve as liaison to the Junior City Council,_participating as a non- votinq member of the Junior City Council, encouraqinq, auidinq and counseling the members of the Junior Citv Council in connection with its duties and assiqnments; 4. Assist in traininq new councilmembers; 5 Serve as the liaison between the City Council and the Mayor.and be a conduit between the G"ity C_ouncil and the Mavor on issues or concerns of the Council; 6 Facilitate anv issue related to the conduct and/or actions of councilmembers that mav be inappropriate or that mav be in violation of the Council Rules of Procedure (Section 20.1); 7 Conduct reqular and periodic meetinqs with individual councilmembers to address councilmember issues, concerns, � leqislative processes councilmember proposals, councilmember _ _ . traininq and.other similar related items. 8 Conduct group meetinqs with councilmembers provided that such meetings shall not have mor.e_ than two councilmembers at such meetings All such meetinps at which a_quorum of the Citv Council is in attendance shall be in compliance with the Open Public Meetinqs Act (RCW 42.30), unless expressly exempted. , [See former ACC 2.06.090 (1957 code § 1.04.100).] Page 21 SECTION 13 - COUiVCIL 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 sueh 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 (9D) 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 designees shall attend all meetings of the Council un)ess 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 CounciPs parliamentarian. An Assistant Gity 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 responsibi.lities. 15.2 City staff will acknowledge the Counci.l as policy makers, and the Councilmembers will acknowledge City staff as administering the Council's policies. 15.3 It is the intent of Gouncil 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 applicafions or the granting of City licenses or permits. Gouncilmembers may, at the request of the Mayor, participate in discussions and decisions related to these matters. Page 22 15.5 Other than through legislative action taken by the Council as a whole, individual Councilmembers shall not interfere with #he operating rules and practices of any City department. 15.6 No individ:ual Councilmember shall direct the Mayor to initiate any action or prepare any report that is significant in nature, or initiate any projeet or study without the consent of a majority of the Council. This provision, however, does not proh_ibit individual Councilmembecs 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 Iegal 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 designafed staff to prepare Study Session agendas and facilitate Study Se.ssion 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 fn 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 Meeti.ngs. Different than the format for Regular Council Meetings (identified in Section 3 hereofl, Study Sessions shall be less formal than Regular Council Meetings and shall give the City Council the opportunity to diseuss and debate issues coming before it for action at Regular Council meetings. The format for these meefiings shall be as follows: A. General Business Focus and Special Focus Areas Study Sessions shall consist of finro (2) Focus divisions per meeting; (1) a General Business Focus and (2) a Special Focus Are.a. The General Business Focus shall be scheduled first, and shall include agenda items that relate to issues of general City concern, items fhat will be coming before the City Council at upcoming meetings and presentations and reports to the City Council. The Special Focus Area groups shall, on a rotating basis described below, commence their portion of the Study Session following the conclusion of the Study Session General Business Focus, The Special Foeus Area groups shall review matters of Council concern related to their areas of oversight responsibility. The Special Focus Area groups shall consist of the following: (1) Public Works & Community Development; (2) Municipal Services; (3) Health & Human Services; and (4) Finance & Page 23 Economic Development. These Special Focus Area groups shall be tasked with oversight of Council considerations as follows: � 1. Public Works & Community Development; e UtI�ItIeS o Zoning Codes & Permits • Innovation & Technology e Transportation o Streets e Engineering o Capital Projects o Sustainability e Environmental Protection _ o Cultural Arts and Public Arts • Planning 2. Municipal Serviees v Police • SCORE Jall o District Court o Parks & Recreation • Animal Control o Solid Waste � • Emergency Planning • Airport � o Airport Businesses • Sister Cities o Multi Media 3. Health & Human Services • Human Services Funding • Public Wellness • Domestic Violence Services e Homelessness Services o Affordable Housing e Community Services o Human Resources e Medical Community Relations 4. Finance & Economic Development • City Budget &Amendments e Risk Management • Equipment Rental o Facilities Page 24 • City Real Property e Legal • Development Incentives e Business Development • Economic Development Strategies Aside from the above Special Focus Area topics, there shall be a Finance ad hoc Committee to review vouchers and payroll. B. Scheduling of Special Focus Area. 1. The Special Focus Areas shall conduet their portion of the Study Sessions on 2"d and 4th Mondays of the month on a rotating basis such as follows: Public Works & Community Development, then Municipal Services, then Health & Human Services, then Finance & Economic Development, then Public Works & Community Development, then Mun'icipal Services, and so on. 2. On 5th Mondays of the Month, Study Sessions will not typically include any of the above Special Focus Areas, but may include special topics and issues of general concern to the City Council, including Council operating arrangements and Council Rules of Procedure. It is provided, however, that in order for the City Council to address the matters coming before the City Couneil, the Mayor and Deputy Mayor may, as they deem appropriate, insert into any Study Session any matters calling for City Council consideration and discussion, regardless of Special Focus Areas. 3. Topics for Special Focus Area consideration (for inclusion, in the Special Focus Area portion of the Study Session agenda) shall be determined by the Chair of each Special Focus Area along with the Mayor and the Deputy Mayor, taking into account matters within the topics of the Special Focus Area calling for action or consideration, and suggestions by other Councilmembers of such topics. 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 Foeus portions of Study Sessions. The Councilmember selected to chair the Special Focus Area for the study sessions for which his or her Special Focus Area is scheduled Page 25 shall preside oveNconduct the Special Focus Area of the Study Session. 2. Four or more Councilmembers shall constitute a quorum for Study Sessions. 3. Three to four hours maximum timeframe (goal). 4. Agenda items should relate to future policy-making, strategic planning or key state or federal issues 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 operafional issues. [Non-substantive items (e.g., accepting a grant, authorizing contract bidding, etc.) should go directly: to the Regular City Council meeting. E. Study Session Meeting Format� 1. Call to Order The Deputy Mayor shall call the meeting to order. 2. Roll call The City Olerk 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 Deputy Mayor shall provide any announcemenfs, reports or presentations that need to be shared with the Cify Couneil 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. Study Sessions are an opportunity for the members of the City Council to discuss among themselves issues coming before the City Council. Study 6essions do not include a place on the agenda for public audience participation. However at the request of the 6 It is the intention of the City Council that Study Sessions shall be televised on the City's pubtic aceess' channel if reasonably possible, Page 26 presiding officer, individuals may be asked to give a report on topics appearing on the Study Session agenda. 4. Agenda items for Council Discussion; The Deputy Mayor shall announce:each of the various items that are on the agenda for Cou:ncil discussion, and, as warranted, request a preliminary report from staff or a consulfant or other individual(s) involved in the issue. The Deputy Mayor shall endeavor fo call upon the members of the City Council in the order of their requests to discuss the Agenda Item. After such report(s), if a_ny, the Deputy Mayor 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 i.n conformity with the provisions ofi �ection 7 of these rules, other fhan fhe requirement that there be a motion before Council discussion. At the conclusion of fhe diseussion, or at the point the Council feels � its questions have been answered and diseussion vetted, the Deputy Mayor shall move the attention of the Council to the ne� discussion item on the agenda; provided that if, after a lengthy discussion on a particular agenda ifem, the presiding officer concludes that discussion should be continued to a later date, the Deputy Mayor 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 peputy Mayor shall call for Study Session agenda items requiring formal Council action to be included in agendaS for upeoming 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 forCouncil review and discussion. a. The Study Session ordinance review requirement shall'be met even if the ve�sion to be considered at an upcoming City Council Meeting is amended from tfie version included on the Page 27 i 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 ordinanee should next come before the City Council at a regular or Special Meeting of the City Couneil for consitleration 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 tlie City Council at the Study Session. 6. Other Discussion Items ' The presiding officer and/or members of the City Council may bring up other discussion items to be discussed at fhis time or to be scheduled fo� discussion at a future Study Session; provided that if the presiding officer concludes that there is not sufficient #ime to discuss or continue discussing the topic, the presiding officer may deferdiscussion or continued discussion to a future Study Session. 7. New Business Agenda topics for future Study Sessions may be proposed :by any Councilmember during New Business. If there is a consensus among the Councilmembers, the Deputy Mayor and the Mayor will meet to place the topic on the Matrix for a future Study Session Agenda. At Council discretion, production and delivery of a ``white paper" in lieu of a future agenda item rnay 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 study session. ' b. The Chair of the Special Focus Area shall call the various items included in the agenda for this portion of the Study Session c. The Chair of the Special Focus Area shall also review the Matrix with respect to items related to the Special Fo.cus Area. Page 28 , 9. Matrix Review/Update (the Deputy Mayor shall preside over this portion of the Study Session) a, Following the conclusion of City Council consideration of the topics of the Speeial Focus Area, the City Council shall review the Matric of upcoming topics. � b. The Matrix shall consist of topics from all areas 'of city concern, general coneern as well as topics of each of tfie Special Focus Areas 10.Adjournment ' The Deputy mayor shall adjourn the Study Session after conclusion of discussion on the above agenda items. ' 16.2 The Mayor, the Deputy Mayor or a majority of the City Council may establish sueh ad hoc eommittees as may be appropriate to consider special matters that require special approach or emphasis. Such ad hoc committees may be esta6lished and matters referred to them at studq 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, and the Deputy Mayor shall appoint Councilmembers to Council ad hoc committees, provided that the Mayor sha.11 appoint rnembers to Council ad hoc committees if the Deputy Mayor is disabled or precluded from acting in that capacity. Councilmember appointments to intergovernmental councils, boacds and committees, including ad hoc committees, shall be periodically reviewed to determine which councilmembers eould best be able to represent the City on such councils, boards and eommittees. 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 tothe establishing Ordinance and serving in the capacity and for the purposes indicated in the Ordinance, shall act as an advisory committee to fhe Cify 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 parficipation Page 29 , 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 perhaps record and make recommendations to the full City Council. With that, it is the intention that these committees operate informal_ly, without the need for compliance with the Open Public 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 governmental agency, a community orga_nization, 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 confrol or minimize the City's liability risk and exposure. 17;2 Councilmembers need to have other Councilmember's concurrenee 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 whieh the City is a party or in connection with any disputed claim involving fhe 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, inforrnally, in committees not subject to the Open Public Meetings Act, to assure that Page 30 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., suceessive communications on City Council topics that involve a quorum of the l Councilmembers. Councilmembers should refrain from emai:ing C4uncilmembers about such agenda items. Councilmembers should be prepared to communicate about matte�s that are on upeoming Cauncil 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, i including to a quorum of the full City Council about matters within the scope of the City CouneiPs 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 eomputer communication involving City Councilmembers and members of advisory 6oards 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 Page 31 and informal notes, do not constitute a public record. Users should delete these messages once their administrative purpose is served. 2. All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records are subject to public inspection and copying. 3. Electronic communications that are intended to be shared among a quorum of the City Cowncil 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 elecfronic 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 eleetronic 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-clienf privilege protecting the document from disclosure may be waived. 5: Electronic communication between Councilmembers and befinieen 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, 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 Page 32 other advisory body. Anytime a Councilmember is appointed as such a !i Liaison, the position or role of Liaison is subordinate to that of j Councilmember, and the Councilmember's responsibility is first and 'i foremost to the City and to the City Council, The role and responsibility of I the Councilmember-Liaison is to keep the City Council apprised of the I activities, positions and actions of the entity or organization to which the Councilmember has been appointed Liaison, and not to cornmunicate 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 dqes 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 Gity 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 opporCunity for questions by Councilmembers. 17.7 Whenever a member of the City Council attends any meeting of any other enfity 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 Cify Council reeognizes the need of its members to attend confe.rences, trainings, and meefings to broaden their knowledge of and familiarity with a diverse collection of City-related issues, including, but not limited to Public Works, Communications, Transportation, Economic Development, Public Safety and Energy. These conferences also provide valuable opportunities to network with other city elected officials. Comparing Auburn's specific issues with those of other cities often provides the Page 33 City Council with established policies already in place in other cities that can be adapted to meet the specifie needs of the City of Auburn, as well as expediently and efficiently acquainting Auburn City Gouncilmembers with'ideas of how to address Auburn issues and solve Auburn problems. B. Annual Budget Amounts for Council Travel To accommodate Council travel, the Auburn City Council shall allocate an identified amount of money each year in the Cty budget process, whereby each Councilmember shall have an identified amount of money earmarked for his/her City related travel costs, including transportation, lodging, meals and registration costs. C. Adjustment of Council Travel Allocations. 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 any other councilmember(s) who are willing to transfer funds from their account to the councilmember needing additional travel funds, whereby, with the eonsent of the Depufy Mayor and the other transferring councilmember(s),funds will be transferred to the requesting councilmember's allotment; or(2) shall request a net adjustments to the budget adding additional funds to his or her allotment,which adjustment shall be approved by a majority of the whole City Council. D. Receipts and Travel Documentation Each City Councilmember shall be responsible for providing to the Mayor or Finance Director, within ten (10) business days of returning from City travel, any and all City travel related receipts and documentation. Quarterly reports of the travel costs incurred by each councilmember shall be provided by the Finance Department: � SECTION 19 - CONFIDENTIALITY 19.1 Councilmembers shall keep confidential all written materials and verbal information provided to them during Executive or Closed Sessions and as provided in RCW 42.23.070, to ensure that the City's position is not compromised. Confidentiality also includes information provided to Councilmembers outside of Executive Sessions when the informafion is considered by the exempt from disclosure under exemptions set forth in the Revised Code of Washington. SECTION 20 — EfVFORCEMENT 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 enforeed 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 34 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 Resolution No. 5240, July 5, 2016 Amended by Resolution No. 5283, February 21, 2017 � , Page 35