The URL can be used to link to this page

Home My WebLink About5469 RESOLUTION NO. 5469 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE CITY COUNCIL RULES OF PROCEDURE WHEREAS, The City Council adopted its Rules of Procedure under Ordinance 5802 (February 4, 2004), which provided that future amendments would be made by resolution; and, WHEREAS, Council has decided to amend those rules. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Rules of Procedure of the City Council, most recently revised by Resolution 5367 (May 7, 2018) are amended to read in substantially the same form as in Exhibit A. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed this 4th day of November, 2019. CITY OF AUBURN 4 ANCY B C S, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, Cify Clerk Steven L. Gross, City A ttorney Resolution No. 5469 October 30, 2019 Page 1 of 1 Rev.2018 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON TABLE OF CONTENTS SECTION 1 AUTHORITY 1 SECTION 2 COUNCIL MEETINGS 1 SECTION 3 ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA 44 SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 10-9 SECTION 5 PRESIDING OFFICER - DUTIES 10 SECTION 6 COUNCILMEMBERS 11 SECTION 7 DEBATES 1312 SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 1113 SECTION 9 VOTING 164-5 SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 174-5 SECTION 11 PUBLIC HEARINGS AND APPEALS 1816 SECTION 12 DEPUTY MAYOR SELECTION PROCESS 194-7 SECTION 13 COUNCIL POSITION VACANCY 2324 SECTION 14 COUNCIL MEETING STAFFING 2321 SECTION 15 COUNCIL RELATIONS WITH STAFF 2422 SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY BOARDS 2523 SECTION 17 COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 32 -9 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. The Deputy Mayor will coordinate a review of these rules at least once every calendar year. SECTION 2 - COUNCIL MEETINGS All meetings of the City Council shall be open to the public and all persons shall be permitted to attend any meeting of this body, except as provided in RCW Chapter 42.30. Page 1 Draft date 10.29.19 The City Clerk? shall be is responsible for preparing agendas for all City Council meetings pursuant to the authority of Section 2.03.100 of the City Codc2. The City Clerk shall cause to be prepared is responsible for preparing action minutes of all of the Council meetings, which minutes shall that contain an account of all official actions of the Council. Council meetings shall be electronically recorded and retained for the period of time as provided by State law. 2.1 Regular Meetings - • . . . . • - • - .!-.! e A - •* .9=.9 ! _ •City Code, the rRegular meetings of the City Council shall be held on the first and third Mondays of every month in the City Hall Council Chambers located at 25 West Main Street, Auburn, Washington3. 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. Four or more Councilmembers will constitute aA quorum_ • . • ' - - - - more Councilmembers for the transaction of business. In the event that If 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 officer shall be seated at the center of the dais, and the Deputy Mayor shall be seated to the presiding officer's immediate left. When the Deputy Mayor is acting as the presiding officer, in the absence of the Mayor, the Deputy Mayor shall be seated in the center of the dais. The seating arrangement for the other members of the Council shall be as directed by the City Council pursuant toby a motion duly made and seconded and approved by a majority of the City Council, following the recommendation of an ad hoc committee of three Councilmembers called for that purpose. The seating arrangement will be decided once every calendar year. 'The City Clerk may delegate any of the duties in these Rules to staff. 2 2.03.100 Meeting coordination duties. The mayor or the mayor's designee shall be responsible for the preparation of agendas for the meetings of the council and of the various boards,commissions and committees of the city,and for including in those agendas the items and issues forwarded by the city council and/or or by the ad hoc committees designated to act on behalf of the city council, and for including in those agendas the items and issues proposed by the mayor and city administration, for consideration by the council. The mayor or the mayor's designee shall also be responsible for publishing notices for meetings and for public hearings for the meetings of the council and the various boards, commissions and committees of the city, and for setting the dates and times for said public hearings, except in those instances when setting dates and times for public hearings is required by statute to be done through council resolution. (Ord. 6405 § 1, 2012; Ord. 5761 § 1, 2003.) 'ACC 2.06.010(A), 2.06.020 Page 2 Draft date 10.29.19 [See ACC 2.06.010 (Ord. 3916 § 1, 1983; 1957 code § 1.04.010); ACC 2.06.020 (Ord. 3759 § 1, 1982; 1957 code § 1.04.020); ACC 2.06.030 (1957 code § 1.04.060); ACC 2.06.080 (1957 code § 1.04.090).] 2.2 Study Sessions - In accordance with Sections 2.06.010(B) and 2.06.020 of the C+t ---Oode, Study Sessions of the City Council shall be held on the second, fourth and fifth Mondays of every month in the City Hall Council Chambers located at 25 West Main Street, Auburn, Washington4. 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 pt for the Special Focus Areas those portions thereof of the Study Sessionfor which Special Focus Areas are scheduled (a-described herein below). C. Study Sessions will begin at the hour of 5:30 p.m. E.A. A quorum shall constitute Hour or more Councilmembers will constitute a quorum for the transaction of business. F.B. In the event that If 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. G.C. No particular seating arrangement shall be required for the Deputy Mayor or other members of the Council, or for the Mayor or any other persons invited to sit at the table of Study Sessions. 2.3 Regular Meeting Times: The regularly scheduled meetings of the City Council shall be held at the following times, unless re scheduled and/or reset to different times: First Monday of the month Regular Council Meeting 7:00 PM '' :•e. a n 'i e . . . " A Fifth Monday of the month Council Study Session 5:30 PM. 4 ACC 2.06.010(B), 2.06.020 Any of these regularly scheduled meetings may be cancelled if not needed. Page 3 Draft date 10.29.19 2.43 Special Meetings - - ___ e - • -- • _ _ _ • .!-.!• ! _ •- _ __ - •_ Section 35A.12.110 RCW, aA special meeting of the City Council may be called by the Mayor or any three members of the Council by written notice delivered to each member of the Council at least 24 hours before the time specified for the proposed meeting_; provided, however, that nNo 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 that meeting has been given by such notice to the local press, radio and television as will bcthat is reasonably calculated to inform the city's inhabitants of the meetings. [See ACC 2.06.040 (1957 code § 1.04.070).] 2.54 Emergency Meetings - Emergency meetings may be called by the Mayorn accordance with Section 42.30.070 RCW, when by reason of fire, flood, arthquake, or other in case of an emergency, there is a need for expedited action by the City Council to meet the emergency, _in which case, the mMeeting site notice requirements otherwise applicable shall do not apply. 2.65 Closed or Executive Sessions - A Council meeting that is closed to the public.except to the Council, the Mayor, City Attorney and authorized staff members and/or consultants may attendauthorized by the Mayor. The public is restricted from attendance. Closed and Executive sessions may be held during Regular and Special meetings of the City Council, and will be announced by the presiding officer. Closed and Executive session subjects are limited to considering such those matters as permitted by State law?. [See former ACC 2.06.070 (1957 code § 1.04.080).] 2.76 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 to the City Clerk, in full by 12:00 Noon on the Tuesday preceding each regular Council meeting. The City Clerk shall then prepare a proposed agenda according to the order of business, for approval by the Mayor, or his/hertheir designee. A final agenda will then be prepared by the City Clerk and distributed to Councilmembers as the official agenda for the meeting. 6 ACC 2.06.040; RCW 35A.12.110 RCW 42.30.110(1), 42.30.140 Page 4 Draft date 10.29.19 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. 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 or City Clerk in 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 preceded by discussion in executive session, where appropriate. F. Agenda modifications Changes to the Council's published agenda are announced at this time. G. Public Hearings and Appeals Individuals may comment on public hearing and appeal items. However, provided that when if an appeal is a closed- record appeal, the matter shall be considered only 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. Page 5 Draft date 10.29.19 H. Audience Participation Members of the audience may comment on items relating to any matter related to City business under the Audience Participation period. Comments are limited to three (3) minutes per person, and a total of fifteen (15) minutes per topic. Groups who have a designated speaker may have a total of ten (10) minutes to speak. Public comments sign-up forms will be available at the City Clerk's desk at each meeting for use of those citizens wishing to address the Council. The City Clerk shall serve as timekeeper. The presiding officer may make exceptions to the audience participation time restrictions when warranted, in the discretion of the presiding officer. Citizens Members of the audience 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 recommendations to the City Council, if any. K. Consent Agenda Approval of the Consent Agenda, including items considered to be routine and non-controversial, may be approved by one motion. Items on the Consent Agenda include but are not limited to the following. Any Councilmember may remove any item from the Consent Agenda for separate discussion and action. 1. Approval of minutes. 2. Fixing dates for public hearings and appeals. 3. Approval of claims and vouchers, bid awards and contracts. 4. Approval of surplus property. 5. Other items designated by the City Council. L. Unfinished Business Page 6 Draft date 10.29.19 Unfinished business of a general nature that was considered by Council at a previous business meeting 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 and items that are removed from the Consent Agenda for separate discussion and action. N. Ordinances 1. All ordinances shall be in writing. , and the tTitles thereof shall may be read aloud by the City Attorney prior to before the ordinance is a voted being called on their adoption, on. provided that aAny councilmember may upon request, have _a full reading of the text of a proposed ordinance prior to before the vote on its adoption. It shall not require a second to tThe request for a full reading of an ordinance does not need to be voted on. It is further provided, hHowever, that the requirement request 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 Before any ordinance being is 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 tCouncil may waive this rulehe Mayor regarding the to need consider adoption of an ordinance without the ordinance having been placed on a Study ScGJon agenda, the Mayor may place the ordinance on a Regular or Special City Council - -- •- City Council. If there is not agreement among members of the City Council as to whether the ordinance should be considered for 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. Page 7 Draft date 10.29.19 b. If a majority of the City Council votes in favor of reviewing and discussing the ordinance at a Study Session prior to voting on its adoption, the ordinance shall be placed on an upcoming Study Session agenda for review and discussion. 2. After a motion to adopt an ordinance has been made and seconded, the Councilmember making the motion is encouraged to give a very brief description of the issues involved with the ordinance, without simply repeating the ordinance title as read by the City Attorney and may choose to comment on any results of Council discussion or action regarding the issue. Discussion and debate by the City Council on ordinances will be held to-before the vote on an ordinance. Councilmembers shall decide whether er-not--tomav approve, reject, or amend the ordinance, or postpone the action and direct staff to further review the proposed ordinance. An ordinance shall be adopted by a majority vote of the City Council, shall require the affirmative vote of at least a majority of the whole membership of the Council_, and pProvided1 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. 0. Resolutions All resolutions shall be in writing_, and the tTitles thereof shall may be read aloud by the City Attorney prior to before the resolution is a-voted being on. called on their passage, provided that aAny councilmember may upon request, have a full reading of the text of a proposed resolution prior to the vote on its passage. It shall not require a second to the request for a full reading of a resolution. The request for a full reading of a resolution does not need to be voted on. It is further provided, hHowever, that the requirement request 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. Page 8 Draft date 10.29.19 Discussion and debate by the City Council on resolutions will be held prior te-before the vote on a resolution. Councilmembers shall decide whether or not to amend the resolution, or direct staff to further review the proposed resolution. A resolution shall be passed by a majority vote of a quorum of the Council, provided that passage of any resolution for the payment of money or that grants or revokes a franchise or license, shall require the affirmative vote of at least a majority of the whole membership of the Council. P. Mayor and Councilmember Reports The Mayor and Councilmembers may report on their significant City-related activities since the last regular meeting. The Mayor and Councilmembers shall limit their reports to not more than three (3) minutes, with sensitivity to avoiding duplicate reporting. Q. Adjournment 3.3. Recess - The foregoing agenda may be interrupted for a stated time as called by the presiding officer to recess for any reason, including closed or executive sessions. 3.4 Amendment to Agenda - The sequence of handling items on the agenda of a particular Regular Council Meeting may be amended from order listed on the printed/approved agenda as follows: A. Motion to Suspend the Rules. Any member of the City Council may move to suspend the rules so as to provide that allow an item on the agenda may be-to be considered 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 Councilmcmbers 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 M-ayorPresidinq Officer. If the Mayor, as tThe presiding officialofficer, e- - •• •- • . . - •• - • •- . --• - . - - '-- -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 Page 9 Draft date 10.29.19 ti-n-changecladiust the order of items on the agenda, subject to being overruled by vote of the Council. [See former ACC 2.06.110 (Ord. 5687 § 1, 2002; Ord. 4166 § 2, 1986); ACC 2.06.120 (1957 code § 1.04.120.); ACC 2.06.140 (1957 code § 1.04.140.); ACC 2.06.170 (1957 code § 1.04.190.); ACC 2.06.180 (Ord. 5635 § 2, 2002; 1957 code § 1.04.200).] SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS 4.144 Councilmembers shall attend Regular Councilall scheduled —meetings, including committee meetings and Study Sessions. Councilmembers shall inform the Mayor or the City Clerk if they are unable to attend any Regular Council meeting or Study Session, or if they knowingly will be late to any such meetings, or unable to stay for the entire meeting. Councilmembers shall inform the Chair of the committee and the City Clerk if they are unable to attend a committee meeting. A Councilmember will be excused from a meeting if they have submitted a request to the Mayor or City Clerk in advance of the meeting. Written requests should be submitted whenever possible, by email. If the request is made the day of the meeting, it may be made by telephone or in person. The reason for the request shall be given at the time of the request. -14-a Councilmember has informed the Mayor or City Clerk that he or she is unable to attend such meeting, the minutes for that meeting will show the Councilmember as having an excused absence for that meeting. Provided that °Excessive, continued or prolonged absences may be addressed by the City Council on a case_by_case basis. Additionally, Councilmembers shall notify the Deputy Mayor of anticipated absences. [See ACC 2.06.050 and RCW 35A.12.060] /1.2 Councilmembers are expected to attend the meetings of the Ad Hoc Council of such Ad Hoc Council Committees or the City Clerk if they are unable to attend any meetings of such Ad Hoc Council Committees, and should inform the Chair or City Clerk if they expect to be late to any such Ad Hoc Council Committee meeting the minutes for that meeting, if minutes arc required and/or taken, shall show the excessive, continued or prolonged absences may be addre,ted by the City Council on a case by case basis. Page 10 Draft date 10.29.19 '1.3 Councilmembers shall attend the Special Meetings of the City Council. Councilmembers, shall inform the Mayor or the City Clerk if they are unable to 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 Council on a case by case basis. 4.24 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 . .9:! _ -. . . _ _ _ . • ' ••-- _ unexcused absences from any Regular or Special meetings, or Ad Hoc Committee meetings, sha1constitute is a violation of these Rules of Procedure. 4.5 At all meetings of the City Council, including but not limited to Regular Meetings, Study Sessions and Ad Hoc Committee Meetings, Councilmembers shall refrain from use of cell phones or other personal communication devices, and shall not send or receive and read e-mails, text messages, or any other social media postings. Councilmembers shall also refrain from side conversations with other individual Councilmembers. Councilmembers shall also refrain from inappropriate or derogatory body language or any other actions that detract from the deportment of the City Council. SECTION 5 - PRESIDING OFFICER - DUTIES 5.1 Conduct of Meetings A. The Mayor will preside over ing officer at all Regular and Special Meetings of the Council. shall be the Mayor and in the absence of If the Mayor is absent, the Deputy Mayor will act in that capacitypreside. If both the Mayor and Deputy Mayor are absent and a quorum is present, the Senior the Council shall elect one of its membersCouncilmember will to serve as the presideing officer until the return of the Mayor or Deputy Mayor. B. Additionally, tThe Deputy Mayor shall serve as the will preside over ing officer for Council Study Sessions, other than those portions thereof for which Special Focus Areas are scheduled (as described herein below). If the Deputy Mayor is absent, the Special Focus Area Chair will preside. If both the Deputy Mayor and the Special Focus Area Chair are absent, the Senior Councilmember will preside. Page 11 Draft date 10.29.19 It is further provided that, though not the presiding officer of Study Sessions, tThe Mayor is encouraged to attend Study Sessions. 8 [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 in the audience from any meeting who disrupts the meeting after having been warned to cease the disruptive behavior; B. Shall observe and enforce all rules adopted by the Council; C. Shall decide all questions on order, in accordance with these rules, subject to appeal by any Councilmember; D. Shall recognize Councilmembers in the order in which they request-the floor, giving every councilmember who wishes an opportunity to speak, provided that the presiding officer may also allow discussion of an is�ue prior to the stating of a motion when such discussion would facilitate E. May affix approximate time limits 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 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, [See former ACC 2.06.100 (1957 code § 1.04.170.); ACC 2.06.190 (1957 code § 1 .04.210).] SECTION 6 - COUNCILMEMBERS Mayor. When the term "presiding officer" is used, it shall refer to the person responsible for presiding over the meeting in question. Page 12 Draft date 10.29.19 6.1 Remarks. - Councilmembers desiring who wish to speak shall address the presiding officer, and when recognized, shall confine t imself/herself themselves to the question under debate. 6.2 Questioning. -Any member of the Council, including-and the Mayor, shall have the right to question any individual, including members of the staff, on matters germane related to the issue properly before the Council for discussion. Under no circumstances shall such questioning be conducted in a manner to the extent that 6.3 Obligation to the Public Agency. - Notwithstanding the right of Councilmembers to express their independent opinions and exercise their freedom of speech, Councilmembers should act in a way that reflects positively on the reputation of the City and of the community. Councilmembers shall also interact with other members of the City Council and City staff in ways that promote effective local government. 6.4 Council Training. - Councilmembers are expected toshall 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. This includes initial orientation after taking office, and other required or recommended training. 6.5 Participation in Committees, Agencies and Organizations. -To better represent the interests of the City of Auburn, Councilmembers are encouraged to participate in assignments to local, regional, state and national committees, agencies and organizations. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 7 - DEBATES 7.1 Speaking to the Motion. - No member of the Council, including or 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. The Presiding Officer shall recognize Councilmembers in the order in which they request the floor. The Councilmember who made a motion shall be permitted to speak to it first. The presiding officer may also allow discussion of an issue before stating a motion when such discussion would facilitate wording of a motion 7.2 Interruption. - No member of the Council, or including the presiding officer, shall interrupt or argue with any other member while such member has the floor, other Page 13 Draft date 10.29.19 than the presiding officer's duty to preserve order during meetings as provided in Section 5.2.A of these rules. 7.3 Courtesy. - All speakers, including mMembers of the Council, which includes and the presiding officer, in the discussion, comments, or debate of any matter or issue shall address their remarks to the presiding officer, be courteous in their language and deportment, and shall not engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any other member of the Council, or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relevant to the question or matter under discussion. 7.4 Transgression. If a member of the Council shall transgress these rules on debates, the presiding officer shall call such member to order, in which case such member shall be silent except to explain or continue in order. If the presiding officer shall transgress these rules on debate or fail to call such member to order, any other member of the Council may, under a point of order, call the presiding officer or such other member to order, in which case the presiding officer or such member, 7,5- Challenge to Ruling. -Any member of the Council shall have the right to challenge any action 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 hereinin these rules, 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. Matters that do not constitute a motion (and for which no second is needed) 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 failedfails. , provided that exceptExcept where prohibited by law, the Mayor, as presiding official, shall be allowed to vote to break a tie vote. 8.4 Motions shall be stated in the affirmative. For example, "I move to approve" as opposed to "I move to reject." ; Councilmembers shall be clear and concise and not include arguments for the motion within the motion. Page 14 Draft date 10.29.19 8.5 After a motion has been made and seconded, the Councilmembers may discuss their opinions on the issue prior to the vote. 8.6 If any Councilmember wishes to abstain,—_from a vote on the a motion pursuant to the provisions of Section 9 hereof, that Councilmember shall so advise the City Council, and shall remove and absent himself/herself themselves from the deliberations and considerations of the motion, and shall have no further participation in the matter. The Councilmember should make this determination Such advice shall be given prior to before any discussion or participation on the subject matter or as soon thereafter as the Councilmember perceives identifies a need to abstain. , provided that, prior to the time that a A Councilmember gives advice of an intent to abstain from an issue, the Councilmember shall may confer with the City Attorney to determine if the basis for whether the Councilmember 's intended - • •. _ •• •- . .' -••- • _ -- _ *is required to abstain. Ifie intended abstention can be anticipated in advance, the conference with the City coming before the City Council. If that cannot be done, the Councilmember should 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 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 immediate 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. 8.8 A motion to postpone to a certain time is debatable, is amendable and may be reconsidered at the same meeting. The question being postponed must be considered at a later time at the same meeting, or to a time certain at a future Regular or Special City Council meeting. 8.9 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. 8.10 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. Page 15 Draft date 10.29.19 8.11 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. 8.12 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. 8.13 Amendments are voted on first, then the main motion as amended (if the amendment received an affirmative vote). 8.14 Debate of the motion only occurs after the motion has been moved and seconded. 8.15 The presiding officer, City Attorney or City Clerk should repeat the motion prior to voting. 8.16 The City Clerk will take a roll call vote, if requested by the presiding officer, a Councilmember, or as required by law. 8.17 When a question has been decided, any Councilmember who voted with the prevailing side -may move for reconsideration at the same, or the next meeting. In order to afford Councilmembers who voted with the prevailing side the potential basis for a motion for reconsideration, Councilmembers who voted with the prevailing side 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. A motion for reconsideration is debatable if the motion being reconsidered was debatable. If the motion being reconsidered was not debatable, the motion for reconsideration is not debatable. 8.18 The City Attorney shall act as the Council's parliamentarian and shall decide advise the Presiding Officer on all questions of interpretations of these rules which may arise at a Council meeting. 8.19 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 - VOTING9 with these Rules of Procedure, consensus shall mean a collective position of the City Council where a majority of the members can support or"live with"(accept)the item or proposed discussion. Consensus of the body will be gauged by the presiding officertake final. Page 16 Draft date 10.29.19 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 "no" vote with the prevailing side, except where such a Councilmember abstains because of a stated conflict of interest or appearance of fairness issue. 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 only abstain from discussion and voting on a question because of a stated conflict of interest or appearance of fairness. 9.4 Votes by Mayor - Except where prohibited by law, the Mayor, as presiding official, shall be allowed to vote to break a tie vote. [See former ACC 2.06.150 (1957 code § 1.04.150).] SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 10.1 Persons addressing the Council, who are not specifically scheduled on the agenda, will be requested to step up to the podium, give their name and address for the record, and limit their remarks to three (3) minutes, in addition to filling out the speaker sign-in sheet available at the City Clerk's desk. No person may donate" their time to another speaker. All remarks will be addressed to the Council as a whole. The City Clerk shall serve as timekeeper. The presiding officer may make exceptions to the time restrictions of persons addressing the Council when warranted, in the discretion of the presiding officer. 10.2 Any person making personal, impertinent or slanderous remarks while addressing the Council shall be barred from further audience participation by the presiding officer, unless permission to continue is granted by a majority vote of the Council. Any person who causes actual disruption by failing to comply with the allotted time established for the individual speaker's public comment, making personal attacks, using hate speech, making slanderous remarks or other disruptive conduct while addressing the Council shall be barred from further participation by the Presiding Officer, unless permission to continue is granted by a majority vote of Councilmembers present. Page 17 Draft date 10.29.19 [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 11 - PUBLIC HEARINGS AND APPEALS 11.1 Quasi-judicial hearings require a decision be made by the Council using a certain process, which may include a record of evidence considered and specific findings made. The following procedure shall apply: A. The Department Director of the department {most) affected by the subject matter of the hearing, or said-that Director's designee, will present the City's position and findings. Staff will be available to respond to Council questions. B. The proponent spokesperson shall speak first and be allowed (10) minutes. Council may ask questions. C. The opponent spokesperson shall be allowed ten (10) minutes for presentation and Council may ask questions. D. Each side shall then be allowed five (5) minutes for rebuttal, with the proponent spokesperson speaking first, followed by the opponent spokesperson. E. The City Clerk shall serve as timekeeper during these hearings. F. After each proponent and opponent spokesperson have used their speaking time, Council may ask further questions of the speakers, who shall be entitled to respond but limit their response to the question asked. 11.2 Public hearings where a general audience is in attendance to present arguments for or against a public issue: A. The Department Director or designee shall present the issue to the Council and respond to questions. B. A person may speak for three (3) minutes. No one may speak for a second time until everyone who wishes to speak has had an opportunity to speak. The presiding officer may make exceptions to the time restrictions of persons speaking at a public hearing when warranted, in the discretion of the presiding officer. C. The City Clerk shall serve as timekeeper during these hearings. D. After the speaker has used their allotted time, Council may ask questions of the speaker and the speaker may respond, but may not engage in further debate. Page 18 Draft date 10.29.19 E. The hearing will then be closed to public participation and open for discussion among Councilmembers. F The presiding officer may exercise changes in the procedures at a particular meeting or hearing, but the decision to do so may be overruled by a majority vote of the Council. SECTION 12 - DEPUTY MAYOR 12.1 Annually or more often as deemed appropriate, the members of the City Council, by majority vote, shall designate one of their members as Deputy Mayor for a one year time period, except as provided in Section 12.1, Paragraphs G and H herein.Elections will be held no later than the last Council meeting of the year. A. Any member of the City Council who will have served on the Council for one year at the beginning for that Councilmember's terms as Deputy Mayor, may be nominated for the position of Deputy Mayor by having that Councilmember's name placed in nomination by a Councilmember„ provided that t The name of the most senior member of the City Council who has not previously served as Deputy Mayor shall automatically be placed in nomination for the position of Deputy Mayor. [The nomination of a councilmember for the position of Deputy Mayor does not require a second, and a councilmember may nominate him or herself.] 1. For the purposes hereofof these rules, the most senior member of the City Council, seniority shall be determined by: (a) The number of consecutive years, months and days served; (b) If the number of consecutive years, months and days served by two or more members of the City Council are equal, the member of the City Council who received the greater/greatest number of votes in the most recent general election in which such those members were elected to the City Council shall be deemed is the 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 Deputy Mayor. 3. If all members of the City Council have previously served as Deputy Mayor, there shall be no automatic seniority nomination. 4. Other than for the automatic nomination of the most senior councilmember who has not previously served as deputy Mayor, all Page 19 Draft date 10.29.19 other nominations for the position of Deputy Mayor shall be made by members of the City Council on the dates of election for the Deputy Mayor position. 5. In connection with the selection of Deputy Mayor, it is strongly suggested that councilmembers approach the election in an open, transparent and respectful manner, avoiding anything that jeopardizes harmony among councilmembers. B. The Councilmember receiving a majority of the votes cast by the members of the City Council shall be elected Deputy Mayor. A Councilmember may vote for him or herself. C. The names of all nominees for the position of Deputy Mayor shall be included in the vote. D. If no single Councilmember received a majority of the votes cast, a second vote/ballot; between the two nominees who received the largest number of votes, would be needed. In the second vote/ballot, whichever of these two nominees received the larger number of votes would be elected to the __ _ _ :-e . - _ ill be held.10 E. The Deputy Mayor shall serve at the pleasure of the Council. A. In the event of the absence or unavailability of the Deputy Mayor, the longest serving senior member of the City Council, other than the Deputy Mayor, shall serve as interim Deputy Mayor until the return of the regular Deputy Mayor. G. If the designated Deputy Mayor is unable to serve the full term of the position of Deputy Mayor, the Council shall designate the next senior member of the City Council as Deputy Mayor for the remainder of the term. If the appointment is declined the process shall continue until a Deputy Mayor is designated. H. In the event that the councilmember selected as Deputy 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, by a majority vote of the full City Council, remove the Deputy Mayor from this position, in which case, the next senior councilmember shall assume the position of Deputy Mayor for the balance of the year. If the next senior councilmember is unwilling or unable to assume the position of Deputy 10 It may be that iif there were a larger numberare more than two e€-nominees in the initial election. be(only)two councilmembers who received the largest number of votes. For instance, if one nominee received three . - . - : . . •• -• .•. . -• - - . •. , . ,' - ... .. '. -Council may choose to have an initial run_-off votes amongbetween the second and the third nominees be included in the final run off against the first nominee. Page 20 Draft date 10.29.19 Mayor, the position of Deputy Mayor shall be filled by a majority vote of the full City Council. [See RCW 35A.12.065.} 12.2 The Deputy Mayor, as the head of the legislative branch of the City, 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. If the Deputy Mayor's attendance at an ad hoc committee meeting brings the number of councilmembers attending to 4, the meeting , provided meetings shall comply with the Open Public Meetings Act (RCW 42.30), unless expressly exempted.; 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; 6. Preside over the Study Sessions of the City Council, and work with the chairs of the Special Focus Areas on the portions of Study Sessions over which the Special Focus Areas chairs preside B. Mayor-Council Relations: 1. Help maintain a positive and cooperative relationship between the Mayor and the City Council; 2. Act as conduit between the Mayor and the City Council on issues or concerns relating to their duties; 3. Preside over Regular Meetings of the City Council in the absence or unavailability of the Mayor; 4. In the event of the a prolonged absence or incapacitation (a state of disability that prohibits the function of duties) of the Mayor, the Deputy Mayor shall perform the duties of the Mayor. Page 21 Draft date 10.29.19 (a) A prolonged absence is defined as requiring a leave of absence that prohibits the performance of the duties of the office. Vacation leave for periods up to two weeks, illnesses requiring an absence of less than two weeks, out of state or out of country travel lasting not more than two weeks, or other similar short-term absences shall not be considered prolonged absences. (b) In the event of a disaster, emergency, or other similar circumstance, where the Mayor is out-of-town and unable to carry out the duties of the office of Mayor, the Deputy Mayor, in consultation with the Mayor, shall act as Mayor until the return and availability of the Mayor; 5. The Deputy Mayor shall also stand in on behalf of the Mayor in other situations as requested by the Mayor; 6. In the performance of the duties of the Mayor, the Deputy Mayor shall not have authority to appoint, remove, replace, discipline or take other similar action on any director or employee of the City; 7. The Deputy Mayor shall not have veto authority for actions that may be taken by the City Council; 8. The Deputy Mayor shall be aware of City, regional and intergovernmental policies and activities in order to properly execute the role of Mayor. 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. D. Other Duties of the Deputy Mayor: 1. In cooperation with the Mayor and Special Focus Area group's chairpersons and with assistance from Administration, create and establish agendas for all study sessions; 2. Preserve the decorum and order at all Council Study Sessions; Page 22 Draft date 10.29.19 3.2. Serve as liaison to the Junior City Council, participating as a non- voting member of the Junior City Council, encouraging, guiding and counseling the members of the Junior City Council in connection with its duties and assignments; 3. Assist in training new councilmembers; 3. Serve as the liaison between the City Council and the Mayor and be a conduit between the City Council and the Mayor on issues or concerns of the Council; 4.3. Facilitate any issue related to the conduct and/or actions of councilmembers that may be inappropriate or that may be in violation of the Council Rules of Procedure (Section 20.1); -4. Conduct regular and periodic meetings with individual councilmembers to address councilmember issues, concerns, legislative processes, councilmember proposals, councilmember training, and other similar related items. 6:5. Conduct group meetings with councilmembers, provided that such meetings shall not have more than two councilmembers at such meetings. All such meetings at which a quorum of the City Council is in attendance shall be in compliance with the Open Public Meetings Act (RCW 42.30), unless expressly exempted. [See former ACC 2.06.090 (1957 code § 1.04.100).] SECTION 13 - COUNCIL POSITION VACANCY OR ABSENCE 13.1 In the event that If an unexpired Council position becomes vacant, the City Council has ninety (90) days from the occurrence of the vacancy to appoint, by majority vote of a quorum of the Council, a qualified person to fill the vacancy pursuant to State law. The Council may make such appointment at its next regular meeting, or at a special meeting called for that purpose. If the Council does not appoint a person within the ninety (90) day period, the Mayor may make the appointment from among the persons nominated by members of the Council. 13.2 In the event of If there is an 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 Page 23 Draft date 10.29.19 14.1 Department Directors or designees shall attend all meetings of the Council unless excused by the Mayor. 14.2 The City Attorney shall attend all meetings of the Council unless excused by the Mayor, and shall upon request, give an opinion, either written or oral, on legal questions. The City Attorney shall act as the 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 15.1 There will be mutual courtesy and respect from both City staff and Councilmembers toward each other and of their respective roles and responsibilities. 15.2 City staff will acknowledge the Council as policy makers, and the Councilmembers will acknowledge City staff as administering the Council's policies. 15.3 It is the intent of Council that all pertinent information asked for by individual Council members shall be made available to the full Council. 15.4 Individual Councilmembers shall not attempt to coerce or influence City staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications or the granting of City licenses or permits. Councilmembers may, at the request of the Mayor, participate in discussions and decisions related to these matters. 15.5 Other than through legislative action taken by the Council as a whole, individual Councilmembers shall not interfere with the operating rules and practices of any City department. 15.6 No individual Councilmember shall direct the Mayor to initiate any action or prepare any report that is significant in nature, or initiate any project or study without the consent of a majority of the Council. This provision, however, does not prohibit individual Councilmembers from discussing issues with the Mayor or making individual requests or suggestions to the Mayor. The Mayor shall endeavor to advise and update the Councilmember(s) on the status or follow-up of such issues. 15.7 All councilmember requests for information, other than requests for legal advice from the City Attorney's Office, shall be directed through the Mayor in order to assign the task to the proper staff. The Deputy Mayor may work with the Mayor's designated staff to prepare Study Session agendas and facilitate Study Session work. Page 24 Draft date 10.29.19 15.8 Any written communication with staff shall also include the Mayor as a recipient. SECTION 16 - COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY BOARDS 16.1 In addition to the regularly scheduled City Council meetings (Regular Council Meetings) scheduled on the first and third Mondays of the month, City Council shall regularly schedule Council Study Sessions on the second, fourth and fifth_Mondays of the month for review of matters that would come back before the City Council at Regular Council Meetings. Different than the format for Regular Council Meetings (identified in Section 3 hereof), Study Sessions shall be less formal than Regular Council Meetings and shall give the City Council the opportunity to discuss and debate issues coming before it for action at Regular Council meetings. The format for these meetings shall be as follows: A. General Business Focus and Special Focus Areas Study Sessions shall consist of two (2) Focus divisions per meeting; (1) a General Business Focus and (2) a Special Focus Area. The General Business Focus shall be scheduled first, and shall include agenda items that relate to issues of general City concern, items that 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 Focus 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 & Economic Development. These Special Focus Area groups shall be tasked with oversight of Council considerations as follows: 1. Public Works & Community Development; • Utilities • Zoning Codes & Permits • Innovation & Technology • Transportation • Streets • Engineering • Capital Projects • Sustainability • Environmental Protection • Cultural Arts and Public Arts • Planning Page 25 Draft date 10.29.19 2. Municipal Services • Police • SCORE Jail • District Court • Parks & Recreation • Animal Control • Solid Waste • Emergency Planning • Airport • Airport Businesses • Sister Cities • Multi Media 3. Health & Human Services • Human Services Funding • Public Wellness • Domestic Violence Services • Homelessness Services • Affordable Housing • Community Services • Human Resources • Medical Community Relations 4. Finance & Economic Development • City Budget & Amendments • Risk Management • Equipment Rental • Facilities • City Real Property • Legal • Development Incentives • 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 conduct their portion of the Study Sessions on 2nd 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 Municipal Services, and so on. Page 26 Draft date 10.29.19 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 Council, 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. - -- -' - - - - -- • - •• - •' - - . Meeting facilitation the Deputy Mayor shall preside over/conduct General Business Focus portions of Study Sessions. The Councilmembcr selected to chair the scheduled shall preside over/conduct the Special Focus Area of the Study Session. 1. Three to four hours maximum timeframe (goal). 2. Agenda items should relate to future policy-making, strategic planning or key state or federal issues affecting current or future city operations. 3. Agenda items should be substantive only (e.g., traffic impact fee increase proposals, comprehensive plan updates, rather than day- to-day operational issues. [Non-substantive items (e.g., accepting a grant, authorizing contract bidding, etc.) should go directly to the Regular City Council meeting. Page 27 Draft date 10.29.19 E. Study Session Meeting Format" 1. Call to Order The Deputy Mayor shall call the meeting to order. 5.2. Roll call The City Clerk will call the roll. Councilmembers may request to be excused from a mccting by requesting the same of the Mayor or City Clerk in advance of the meeting. The r ason for the request shall be given at the time of the request. 9.3. Announcements, Reports and Presentations The Deputy Mayor shall provide any announcements, reports or presentations that need to be shared with the City Council in advance or wish to discus 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. Study Sessions do not include a place on the agenda for public audience participation. However at the request of the app acing on the Study Secion agenda. 15.4. Agenda items for Council Discussion. preliminary report from staff or a consultant or other individual(s) involved in the issue. The Deputy Mayor shall endeavor to call upon the members of the City Council in the order of their requests to discuss the Agenda Item. - . . p-e. • Council discussion on the agenda items in their order on the agenda, unless a different order is approved by a m Councilmembers present. " 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 28 Draft date 10.29.19 motion before Council discussion. its questions have been answered and discussion vetted, the Deputy Mayor shall move the attention of the Council to the next discussion item on the agenda; provided that if, after a lengthy discussion on a particular agenda item, the presiding officer concludes that discussion should be continued to a later date, the Deputy Mayor matter for a later Study Se-sion. With the support of a consensus of Councilmembers, the Deputy _.. - Council Meetings. 27.5. Ordinances Prior to an ordinance being included for adoption on the agenda of a be included on the agenda of a Study Session for Council review and discussion. a. The Study Session ordinance review requirement shall be met Council Meeting is amended from the version included on the Study session agenda following review and-d-iscussion at the Study Session. b. If, after City Council review and discussion of an ordinance at a Study Session, the City Council is not ready to vote on a proposed ordinance, the ordinance may be included on another Study session agenda for further review and discussion. If there is not agreement among members of the City Council as to whether the ordinance should next come before the City Council at a regular or Special Meeting of the City Council for consideration of adoption or whether it should return for further review and discussion at a Study Session, the-matter shall be presented for a vote at the Study Session, and decided by majority vote of the members of the City Council at the Study Session. 36. Other Discussion Items Page 29 Draft date 10.29.19 scheduled for discussion at a future Study Session; provided that if the presiding officer concludes that there is not sufficient time to discuss or continue discussing the topic, the presiding officer may defer--• - •- • e -- --- - - •- • - - - - - - -- -- - •• 39.7. New Business While Councilmembers are encouraged to coordinate Aagenda topics for future Study Sessions with the Deputy Mayor in advance, they may be proposed by any Councilmember during New Business. Councilmembers will identify: a) the subject of the proposed topic.,b) whether they've discussed the topic with the appropriate Special Focus Area Chair and/or Mayor or affected Department head to determine whether the subject is already proposed to come before Council; c) the specific information the Councilmember wants to discuss. At Council discretion, production and delivery of a "white paper" in lieu of a future agenda item may be considered.. If there is a consensus among the Councilmcmbcrsa majority of Councilmembers agree, the Deputy Mayor and the Mayor will meet to place the topic on the Matrix for a future Study Session Agenda. Council may also ask staff to provide a written report instead of having discussion-. 39. Special Focus Areaj 3a. c.a. Tthe 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.) c. The Chair of the Special Focus Area shall call the various Session Matrix with respect to items related to the Special Focus Area. 44.8. Matrix Review/Update (the Deputy Mayor shall preside over this portion of the Study Session) Page 30 Draft date 10.29.19 Following the conclusion of City Council consideration of the topics of the Special Focus Area, the City Council shall review the Matric of upcoming topics. The Matrix shawl—e nsist of topics from all areas of city concern, general concern as well as topics of ach of the Special Focus Areas 50.9. Adjournment The Deputy mayor shall adjourn the Study Session after conclusion of discussion on the above agenda items. 16.2 A. The Mayor, the Deputy Mayor or a majority of the City Council may establish such ad hoc committees as may be appropriate to consider special matters that require special approach or emphasis. B. Such aAd hoc committees may be established and matters referred to them at study sessions, without the requirement that such establishment or referral take place at a regular City Council meeting. C. The Deputy Mayor shall appoint Councilmembers to Council ad hoc committees, provided that the Mayor shall appoint members to Council ad hoc committees if the Deputy Mayor is disabled or precluded from acting in that capacity D. 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 shall appoint members to Council ad hoc committees if the Deputy Mayor is disabled or precluded from acting E. Councilmember appointments to intergovernmental councils, boards and committees, including ad hoc committees, shall be periodically reviewed to determine which councilmembers could best be able to represent the City on such councils, boards and committees. 16.3 Ad hoc council committees shall consider all matters referred to them. The chair of such ad hoc committee shall report to the City Council the findings of the committee. Committees may refer items to the Council with a committee recommendation or with no committee recommendation. 16.4 Advisory Boards, Committees and Commissions established by ordinance, consisting of citizens appointed pursuant to the establishing Ordinance and serving in the capacity and for the purposes indicated in the Ordinance, shall act as an advisory committee to the City Council. Page 31 Draft date 10.29.19 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 a when forming an ad hoc committee,11 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. They are not "committees of a governing body" subject to the requirements of :^!; "_: these committees operate informally, without the need for compliance with the Open Public Meetings Act (Chapter 42.30. RCW). Ad hoc committees of the City Council, such committees shall not receive public testimony or allow audience participation in connection with or related to the agenda item being discussed by the Committee;. Unless otherwise expressly provided for such ad hoc committee, .- •• - • •• . . •- . • • • ••_,e • • • ■• ••• a •. . •• . ••^ • . • . •. ^• •7 ^ •. . •e . e • . a- . • • - • • e; • - 1 • `A 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 organization, or a private entity or organization, including individuals, agencies, or organizations with whom or with which the City has a business relationship, and makes statements directly or through the media, commenting on an issue that does or could affect the City, the Councilmember shall state the majority position of the City Council, if known, on such that issue. Personal opinions and comments which differ from those of the Council majority may be expressed if the Councilmember clarifies that these statements do not represent the City Council's position, and the statements are those of the Councilmember as an individual. Additionally, before a Councilmember discusses anything that does or could relate to City liability, the Councilmember should talk to the City Attorney or the City's Risk Manager, so that the Councilmember would have a better understanding of what may be said or how the discussion should go to control or minimize the City's liability risk and exposure. 17.2 Councilmembers need to have other Councilmember's concurrence before representing another Councilmember's view or position with the media, another government agency or community organization. Page 32 Draft date 10.29.19 17.3 Councilmembers shall not knowingly communicate with an opposing party or with an opposing attorney in connection with any pending or threatened litigation in which the City is a party or in connection with any disputed claim involving the City without the prior approval of the City Attorney, unless the Councilmember is individually a party to the litigation or is involved in the disputed claim separate from the Councilmember's role as a City official. 17.4 Communication among Councilmembers shall conform to the following parameters: A. Except in connection with Council members meeting, informally, in committees not subject to the Open Public Meetings Act, to assure that communication on agenda items occurs to the greatest extent possible at the public meetings, and to avoid even the perception that email is being used in a way that could constitute a public meeting, e.g., successive communications on City Council topics that involve a quorum of the Councilmembers. Councilmembers should refrain from emailing Councilmembers about such agenda items. Councilmembers should be prepared to communicate about matters that are on upcoming Council agendas at the public meetings. If Councilmembers wish to share information with other councilmembers about matters that are on upcoming agendas, the councilmembers should forward that information to the Mayor for distribution in the council meeting packets. B. Councilmembers may communicate via email to other Councilmembers, including to a quorum of the full City Council about matters within the scope of the City Council's authority or related to City business, but not yet scheduled on upcoming Council agendas, to indicate a desire that certain items be included on upcoming meeting agendas; provided that Councilmembers shall never ask for responses from the other Councilmembers in that communication. C. Email communication among Councilmembers relating to City operations should also include the Mayor as a recipient/addressee. D. Councilmembers may email the Mayor about City business without limitations or restrictions. 17.5 Internet & Electronic Resources/Equipment and Facility 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. Page 33 Draft date 10.29.19 It is important to note that aAll letters, memoranda, and interactive computer communication involving City Councilmembers and members of advisory boards and commissions, the subject of which relates to the conduct of government or the performance of any governmental function, with exceptions stated by the Public Records Act (RCW 42.56), are public records. Page 34 Draft date 10.29.19 B. Electronic Communications. 1. Informal messages with no retention value and that do not relate to the functional responsibility of the recipient or sender as a public official, such as meeting notices, reminders, telephone messages and informal notes, do not constitute a public record. Users should delete these messages once their administrative purpose is served. 2. All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such Those records are subject to public inspection and copying. 3. Electronic communications that are intended to be shared among a quorum of the City Council or of an ad hoc Council Committee, whether concurrently or serially, must be considered in light of the Open Public Meetings Act, if applicable. If the intended purpose of the electronic communication is to have a discussion that should be held at an open meeting, the electronic discussion shall not occur. Further, the use of electronic communication to form a collective decision of the Council shall not occur. 4. Electronic communication should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other confidential City business. In general, electronic communication is discoverable in litigation, and even deleted electronic communication is not necessarily removed from the system. Confidential electronic communications should not be shared with individuals other than the intended recipients, or the attorney-client privilege protecting the document from disclosure may be waived. 5. Electronic communication between Councilmembers and between Councilmembers and staff shall not be transmitted to the public or news media without the filing of a public disclosure request with the City Clerk. 6. As a cautionary note, if an elected public official uEven if a ses his or her Councilmember uses their personal electronic devices all home computer to send electronic communications dealing with City business, the electronic communications and documents related to City business will and electronic records may be subject to discovery demands and public disclosure requests. • - e- - . ' •- the need for caution in how one uses electronic communication for City busine. . Page 35 Draft date 10.29.19 C. Use of City Equipment and Facilities. 1. City Councilmembers are provided various tools to assist them in handling the business of the City in the role as members of the City Council. These tools include, but are not limited to: (1) an individual office assigned to each Councilmember in which there is (a) office furniture; (b) a computer accommodating access to the City's computer network and (c) a telephone tied to the City's telephone system; (2) and I-Pad or comparable equipment also tied to the City's computer system that can be used remotely (not just in the Councilmember's office); (3) , an I-Phone or comparable equipment accommodating mobile communication needs for(a)telephone calls, (b) emails, and (c) texting; (4) a City badge accommodating physical access to City Hall facilities and Council Offices; and (5) Council mailboxes. 2. In order to assure transmittal of information necessary to conduct business of the City and to avoid Public Records Act liability for the City and Councilmembers for improper or private equipment use, Councilmembers shall use the tools identified above to assist them in being able to receive and work with information related to duties as councilmembers. 17.6 Council Relations with City Boards and Commissions. A Council Liaisons. Different thanln addition to 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 subordinate to that of Councilmember, and the Councilmember's responsibility is first and foremost to the City and to the City Council. The role and responsibility of the Councilmember-Liaison is to keep the City Council apprised of the activities, positions and actions of the entity or organization to which the Councilmember has been appointed Liaison, and not to communicate to the board, commission, committee, task force or other advisory body a statement as the position of the City Council, except as authorized or directed by the City Council. Insofar as a Council Liaison position does not give all councilmembers equal access to the activities, functions and information of or about a board, commission, committee, task force or any other advisory body, appointments to Council Liaison positions should be reserved to those instances where a Report to the Council by the Page 36 Draft date 10.29.19 board, commission, committee, task force or any other advisory body would not be convenient or practical. B. Reports to the Council. Each board, commission, committee, task force or any other advisory body of the City shall be requested to present a report to the City Council at a Regular Meeting or a Study Session of the City Council, as scheduled by the Mayor or Deputy Mayor. Such reports shall be scheduled for a Regular Council Meeting or a Council Study Session, and shall be delivered by the chair of the board, commission, committee, task force or any other advisory body or designee. The reports shall inform the City Council of the activities, functions and information with which the board, commission, committee, task force or any other advisory body has been involved since the previous report, and shall include the opportunity for questions by Councilmembers. 17.7 Whenever a member of the City Council attends any meeting of any other entity or organization, he or she should endeavor to be prudent in what he or she says or does at such meeting. Further, the Councilmember should avoid attending such meeting if that attendance would impose an interference with the meeting or the operations of the other entity or organization, or of the operations of the City. SECTION 18 - TRAVEL AUTHORIZATION 18.1 A. Value of Council Travel. The Auburn City Council recognizes the need of its members to attend conferences, trainings, and meetings 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 City Council with established policies already in place in other cities that can be adapted to meet the specific needs of the City of Auburn, as well as expediently and efficiently acquainting Auburn City Councilmembers 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 CtyCity budget process, whereby to 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. Page 37 Draft date 10.29.19 In the event that If a councilmember needs more than the amount of travel related funds allocated for his or her their 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. If so„ whereby, _with the consent of the Deputy 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 their 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 information is considered by the exempt from disclosure under exemptions set forth in the Revised Code of Washington. SECTION 20 — ENFORCEMENT OF RULES OF PROCEDURE 20.1 Councilmembers shall conform their conduct to the requirements, standards and expectations set forth in these Rules of Procedure. In addition to and notwithstanding whatever other enforcement mechanisms may exist for legal, ethical or practical obligations on Councilmember performance or conduct, violations of these Rules of Procedure by Councilmembers may be enforced by action of the City Council through sanctions such as votes of censure or letters of reprimand, and such other action as may be permitted by law. Page 38 Draft date 10.29.19 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 Amended by Resolution No. 5308, August 7, 2017 Amended by Resolution No. 5367, May 7, 2018 Amended by Resolution No. XXXX, November 4, 2019 Page 39 Draft date 10.29.19