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HomeMy WebLinkAboutCity of Auburn - newspaper-meetings GENERAL CERTIFICATE OF THE CITY OF AUBURN I, Shawn Campbell, City Clerk of the City of Auburn, Washington (the "City"), DO HEREBY CERTIFY as follows: 1. Attached as "Exhibit A" is a true and correct copy of the proceedings of the City Council selecting the current official newspaper of the City. 2. Attached as "Exhibit B" is a true and correct copy of the proceedings of the City Council setting the date, time and place of regular meetings of the City Council. IN WITNESS WHEREOF, I have hereunto set my hand as of this 11th day of December, 2019. CITY OF AUBURN, WASHINGTON --c\_cTc:a_ l -� Shawn Campbell MMC, Cy Clerk RESOLUTION NO. 41 6 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DESIGNATING THE SEATTLE TIMES AS THE CITY'S OFFICIAL NEWSPAPER WHEREAS, pursuant to Section 35A.21.230 of the Revised Code of Washington (RCW), each code city shall designate an official newspaper by resolution which newspaper shall be a newspaper of general circulation in the City and shall have the qualifications prescribed by Chapter 65.16 RCW; and WHEREAS, the City's previous official newspaper, King County Journal, terminated its publication requiring the City to pursue proposals from other newspapers of general circulation for the City's legal publishing and to serve as the City's official newspaper; and WHEREAS, proposals for the City's legal publishing were solicited and three proposals were received; and WHEREAS, the proposals were evaluated based on the extent of the newspaper's circulation within the City of Auburn, the cost per column inch, the days the publication is distributed, and the lead time for publication. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. The Seattle Times is hereby designated as the official newspaper for the City of Auburn. Resolution No. 4165 February 27, 2007 Page 1 of 2 Section 2. The Mayor is 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 upon passage and signatures hereon. Dated and Signed this . day of12-.`-e-4._- , 2007. Cl AUBUR PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk iPA ' -'IV I • F0- 0 Afraj....40., niel B. =, ity Attorney Resolution No. 4165 February 27, 2007 Page 2 of 2 AGREEMENT THIS AGREEMENT,wh .Attachments includes Attachments 1,and 2, is made and entered into in triplicate,this fes` day of �'�Y�i£� � ,200_7,by and between the City of Auburn,a Municipal Corporation,hereinafter called the City,and The Seattle Times„hereinafter called the Contractor. WITNESSETH: 1. That the Contractor,in consideration of the covenants,agreements and payments to be performed and made by the City,hereby covenants and agrees to perform the work and to furnish all labor,tools,materials, equipment, supplies,accessories and appurtenances,including the manufacture and delivery of materials and equipment,required under the attached specifications for Official City Legal Printing/Publishing attached hereto as Attachment 1,and the Contractor's bid submitted in response to request for bids attached hereto as Attachment 2. All terms of both Attachment 1 and 2 are by this reference incorporated herein as though fully set forth. In accordance with and pursuant to all the terms and conditions of the Advertisement,Specifications and Proposal, copies of which are hereunto attached,submitted and hereby declared and accepted as parts of this agreement as fully set forth herein. Where there are conflicts between these documents,the controlling document will first be this Agreement,then the Bid Specification,then the Contractor's bid,and then subsequent correspondence. No verbal modifications to this Agreement shall be recognized. 2. The Agreement shall be effective from March 6„2007 to December 31,2008,unless sooner terminated as provided elsewhere in this Agreement. 3. This Agreement is subject to review, inspection and audit by any authorized city,state or federal agency. 4. The Contractor agrees to publish a Newspaper upon the terms and conditions as specified in said Advertisement,Instructions to Bidders, Specifications,and Proposal. Failure to publish the paper as specified in the bid is a material breach of this contract and will be construed by the parties as a material breach of this contract. 5. The Contractor certifies that its publication is a legal newspaper,qualified as such,pursuant to Chapter 65.16 of the Revised Code of Washington. If the Contractor's publication should,for any reason,fail or cease to conform with the requirements set forth in Chapter 65.16 RCW,then the Contractor shall take whatever steps are necessary to have the City's documents subject to this Agreement published in a legal newspaper in Auburn that does comply with Chapter 65.16 RCW. 6. The Contractor agrees to thirty(30)calendar days'written notice of termination by the City of this Agreement without cause shown. 7. The Contractor agrees to five(5)calendar days'written notice of termination by the City of this agreement for cause shown. 8. The Contractor agrees to indemnify and save harmless the City from any and all defects appearing or developing in the workmanship or material performed or furnished under this Contract for a period of one year after the date of publication. 9. Payment shall be made through the City's ordinary payment process,and shall be considered timely if made within 30 days of receipt of a properly completed statement. a 10. All payments shall be subject to adjustment for any amounts,upon audit or otherwise,determined to have been improperly invoiced. 11. The Contractor shall comply with all applicable federal,state and local laws,ordinances,rules and regulations. 12. The Contractor agrees to take all steps necessary to comply with all federal,state,and City laws and policies regarding non-discrimination and equal employment opportunities. The Contractor shall not discriminate in any employment action because of race,creed,color,national origin,marital status,sex,age,or the presence of any sensory, mental or physical handicap. In the event of non-compliance by the Contractor with any of the non- discrimination provisions of this Agreement,the City shall be deemed to have cause to terminate this Agreement, in whole or in part. 13. If one or more of the clauses of this Agreement are found to be unenforceable, illegal or contrary to public policy,the Agreement will remain in full force and effect except for the clauses that are unenforceable,illegal or contrary to public policy. 14. This Agreement constitutes the complete and final agreement of the parties,replaces and supersedes all oral and/or written proposals and agreements heretofore made on the subject matter,and may be modified only by a writing signed by both parties. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. CI a • UB 1' Scott'e..,Tt ,also represenhiq Seale P.l PET''' B. LEWIS,MAYOR CONTRACTOR J By: Title: OlasSl6 edv "9 �d+/a et- Federal I.D.No. q I" O4o3raq 0 Attest: Cil rClerk Approv- is to F-- : By: + ® . ►die B"t id,City 7 orn 4 CITY OF J\1I.JBLJR1i __ Peter B. Lewis, Mayor • WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 CITY OF AUBURN CALL FOR BIDS Publication Services -Official City Legal Printing/Publishing NOTICE IS HEREBY GIVEN THAT THE CITY OF AUBURN will receive sealed bids at the City Clerk's Office located at Auburn City Hall, 25 West Main Street, Auburn, WA, 98001 for the provision of official city legal printing/publishing. BIDS WILL BE RECEIVED UNTIL: 4:00 PM on February 8, 2007 at which time they will be opened and publicly read aloud. Bid proposal forms may be obtained at the City Clerk's Office, 25 West Main Street in Auburn, WA, telephone (253)931-3039, or fax your request to (253)804-3116 and a copy will be sent to you. Additional information regarding the specifications may be obtained by contacting City Clerk Danielle Daskam at (253) 931-3037. CITY OF AUBURN Danielle Daskam City Clerk AUBURN * MORE THAN YOU IMAGINED Attachment#1 GENERAL INSTRUCTIONS TO BIDDERS 1. SUBMITTAL OF BIDS: Bids must be received in the City Clerk's Office,Auburn City Hall, 25 West Main Street,Auburn, WA,98001,by 4:00 PM on February 8,2007. FOR: City of Auburn Official Legal Printing/Publishing No bids will be considered which are received after the time mentioned,and any bids so received after the scheduled closing time shall be returned to the bidder unopened. BIDS MAY BE SENT IN BY MAIL OR TURNED IN PERSONALLY;HOWEVER,IF SENT BY MAIL,THE RESPONSIBILITY OF THEIR ON TIME DELIVERY TO THE CITY CLERK'S OFFICE IS WHOLLY UPON THE BIDDER. Each proposal, intact and bound with specifications,shall be completely sealed,properly addressed to the City Clerk's Office,with the name of the bidder and the bid proposal title(City of Auburn Official Legal Printing/Publishing)marked on the exterior of the package. 2. BID WITHDRAWAL: No bid can be withdrawn after having been formally opened by a representative from the City Clerk's Office. 3. PAYMENT:Payment terms shall be Net 30. 4. COMPLIANCE WITH REGULATIONS: The bidder agrees to abide by all laws,rules and regulations promulgated by the United States of America,the State of Washington,or any agencies or subdivisions thereof,specifically including WISHA and OSHA regulations in effect at the time of bid opening. The Contractor shall be solely responsible for all violations of the law from any cause in connection with work performed under this Contract. 5. FILLING IN PROPOSAL FORMS: The bidder will submit their proposal on the form furnished in the specifications. All blank spaces in the proposal form will be properly filled in,printed in ink or typewritten. The forms will be signed by the responsible company official,with the printed or typewritten designation of the office held in the company. The address of the bidder will be typed or printed on the proposal in the spaces provided. 6. CONTACT PERSON: For further information relating to these specifications,please contact: Danielle Daskam,City Clerk,(253)931-3037 for technical questions. 7. AWARD CRITERIA: To be eligible for award,all bidders'publications shall meet the requirements of Chapter 65.15 of the Revised Code of Washington. Bids will be evaluated based on written response to the following criteria: a. Extent of the publication's circulation within the City of Auburn b. The cost per column inch to publish c. Day(s)the publication is distributed and lead time for publication 8. REJECTION OF PROPOSAL: The City of Auburn reserves the right to reject any or all bids and to waive any informalities in bids. 9. INTERPRETATION OF PROPOSED CONTRACT DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the plans,specifications or other proposed contract documents,a bidder may submit a written request for an interpretation thereof. Any interpretation of the proposed documents will be mailed or delivered to each person receiving a set of such documents. The City of Auburn will not be responsible for any other explanations or interpretations of the proposed documents. AUBURN * MORE THAN YOU IMAGINED • Attachment#1 All requests for interpretations will be received by the City of Auburn no later than five(5)days prior to bid opening time. 10. EXTENSION OF CONTRACT: Contracts resulting from this Invitation to Bid shall be subject to extensions by mutual agreement,per the same prices,terms and conditions resulting from this Proposal. 11. LEGAL HOLIDAYS: of the City of Auburn are: New Year's Day January 1 Martin Luther King's 3rd Monday in January Birthday Presidents' Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday of November Day after Thanksgiving 4th Friday of November Christmas Day December 25 When any of these holidays occur on Saturday or Sunday,the preceding Friday or the following Monday,respectively, is a legal holiday for the City of Auburn. AUBURN * MORE THAN YOU IMAGINED Attachment#1 SPECIFICATIONS 1. Bids will be accepted for official legal printing/publishing for the City of Auburn,Washington,for a two-year period,estimated to be from February 1,2007,through and including December 31, 2008. The contract will be awarded for two years with the option to renew annually upon the mutual agreement of the parties. 2. Bids must be submitted on the forms provided and must show the amount bid per column inch and a total amount to publish the sample herein provided with the bid form. The minimum point size will be 6 point type. The City shall consider the cost of publishing the entire attached sample in awarding the contract to the successful bidder. 3. Bidder must state price for legal notices published one time only and price for subsequent publication of the same copy. 4. Bids will be accepted on two alternate proposals:Alternate Bid No. 1 is for a paper that is published at least once a week,and Alternate Bid No.2 is for a paper that is published daily(at least five times per week).You may bid either or both alternate bids.The award will be based on the alternate that best meets the City's needs. 5. The successful bidder shall be a daily or weekly newspaper which has been established,published, and circulated in Auburn,Washington,for at least six months prior to the bid opening date,and meets all of the qualifications of a legal newspaper as set forth in Chapter 65.16 RCW,as those qualifications exist now or are hereafter amended.The City shall consider the day(s)of publication of the bidder in awarding the contract to the successful bidder. 6. The successful bidder will print,publish,and circulate a newspaper that is published and circulated in Auburn,Washington,at least weekly. 7. Legal notices may be sent in any of the following formats: E-mail,FAX or hardcopy.Ads will be published regardless of the format received, as long as they are received by the minimum lead time for publication. 8. The successful bidder will print in said newspaper upon request and after requested copy has been provided,all ordinances,resolutions,and legal and official notices for and on behalf of the City, such number of times as may be required,without mistake or variance from the copy furnished. The City will consider the successful bidder in noncompliance with the contract should this not occur. Such printing is to be set in solid or with typeset quality,or equivalent;or photographically reduced for publication;or optically scanned. 9. Ordinances and Resolutions submitted by the City may be photographically reduced for publication in the official newspaper by the successful bidder as long as the requirements are met,which will result in the City paying no more for photographically reduced copy than if the copy had been typeset: maps,photos, graphs,mathematical formulae, graphic designs,etc. which are photographically reduced for printing shall be measured for payment purposes based on the actual number of column inches of the copy as printed. 10. The successful bidder will furnish one subscription of the official newspaper to the City Clerk. 11. Within fourteen(14)days after the last publication date of an advertisement,the successful bidder shall furnish at no additional charge to the City three(3) "Affidavits of Publication"certifying the specific date(s)the advertisement was published. IN AUBURN * MORE THAN YOU IMAGED Attachment#1 12. The successful bidder shall furnish all affidavits with a copy of each particular published item cut and affixed to the front of each affidavit. Stapling a tear sheet to the back of the affidavit will not be sufficient. Affidavits must be signed and notarized. If the successful bidder fails to provide accurate affidavits and accurate publication dates,the successful bidder shall be deemed to be in material default of the contract. 13. Accurate date(s)of when the item was actually published will be printed at the end of the published document. 14. The successful bidder must be in compliance with all state statutes pertinent to a legal newspaper. 15. The City reserves the right to terminate the contract for the convenience of the City,at the sole discretion of the City,with a 30-day written notice. The Contractor shall not be entitled to damages for lost profits in the event of such termination for convenience. 16. The City reserves the right to terminate the contract with five(5)calendar days'written notice of termination for cause shown. The Contractor's failure to publish as specified in said Advertisement,Information for Bidders,Instructions to Bidders, Specifications,Plans,Proposal and Contractor's Specifications(if any);or the Contractor's failure to qualify as a legal newspaper pursuant to Chapter 65.16 of the Revised Code of Washington shall constitute cause for termination,together with such other cause as may be sufficient under the common law. If a notice of termination for cause is issued by the City and it is later determined for any reason that the Contractor was not in default,then the rights and obligations of the parties shall be the same as if the notice of termination had been issued for the convenience of the City. 17. The successful bidder will be required to sign an agreement substantially in the form of the attached copy. 18. The City reserves the right to request the successful bidder to qualify on a 120-day test period. If, at any time during the test period,the successful bidder fails to meet any or all specifications,the City reserves the right to cancel the contract and award it to the next lowest Bidder. Such termination shall be for cause. 19. The City will not pay for any ad which is improperly run. The successful bidder will re-run an improperly run ad at its expense. Any additional costs incurred by the City from an improperly run ad will be passed on to the successful bidder. 20. Every month the successful bidder shall furnish an itemized statement of the account listing the invoice number,affidavit number, item published,and the total amount of each invoice. 21. The successful bidder must have and maintain an operating facsimile machine available on a 24- hour basis to accommodate the City delivery of documents. If the fax becomes inoperable,it shall be the responsibility of the successful bidder to notify the City Clerk's office(253)931-3039 of the interruption of service. 22. In many cases,the City will provide the successful bidder with documents for publication created with Microsoft Word. It will be the successful bidder's responsibility to make any necessary conversions. AUBURN * MORE THAN YOU IMAGINED Attachment#2 JAN 2 6 2007 CITY OF AUBURN CITY OF AUBURN PROPOSAL SHEET CT(CLERKS OFFICE Publication Services -Official City Legal Printing/Publishing TO: CITY CLERK,25 West Main Street,Auburn,WA,98001 As publisher of The Seattle Times also representing the Seattle Post-Intelligencer,a newspaper which has been established,published and circulated daily in Auburn,Washington,for at least six months,and has general circulation throughout the City of Auburn,I hereby submit the following bid in response to your call for bids for printing City legal notices and required publications in the said newspaper during the period of award from February 1,2007;through and including December 31,2008. Day(s)each week that said paper is published: SundayEl Monday 0 Tuesday® Wednesday ® Thursday Friday ® Saturday Typeset specifications/parameters(include type style,size,leading,width of single column in inches;width of double column in inches; width of triple column in inches;and maximum number of characters per line): TYPE STYLE—Spartan BookClassified;TYPE SIZE—we currently run our legal notices at 5.7 point,but if necessary we can run your ads at 6 point;LEADING—5.2 point;CLASSIFIED COLUMN WIDTH,Single—1.112",Double—2.278",Triple—3.445';ROP COLUMN WIDTH,Single—1.806",Double—3.764",Triple—5.723";Maximum characters per line—25 to 26 characters Alternate Bid No.1: (Minimumonce per week publication) Single Paper(Times or PI),M—Th,$24.08 $ See box to left per single column inch for each insertion. Both Papers,M—Sat,$42.84 Sunday—$57.54 (for rates on submitted ad,see below) Using the above rates,I certify that the cost to the City of Auburn for printing the attached sample(one page summary of Ordinance No. 6034)would be$ see box below the first single column insertion,and$ for each single column subsequent insertion. • Alternate Bid No.2: (Minimum five times per week publication) Sample Ad costs:(per insertion) $ per single column inch for each insertion. Single Paper, M—Th=$99.76 Both Papers,M—Sat=$177.48;Sunday=$238.38 Using the above rates,I certify that the cost to the City of Auburn for printing the attached sample(one page summary of Ordinance No. 6034)would be$ for the first single column insertion,and$ for each single column subsequent insertion. Indicate your current circulation of publication in the City of Auburn. Daily or weekly paid subscribers: 31-1201:Times-1938. Daily or weekly newsstand patrons: 12.000(south zone cities) Monday—Fri,4:00 p.m.,Tuesday—Mon, 11:00 a.m.,Wednesday-The, 11;00 a,rm. Indicate your lead time in any edition:: Thursday—The,4:00 p.m.,Friday—Thu, 11:00 a.m.,Saturday—Thu,4:00 p.m. Sunday=Fri,.4:00 p.m. — The undersigned states that he or she is authorized to submit a bid on behalf of the corporation,partnership,or sole proprietorship listed below,and further st s that the corporation,partnership,or sole proprietorship is bound by the above offer. Signed: Title:_Classified Advertising Sales Manager_Date: 1/25/2007 Typed or Printed Signature:_Shelly Pham_ Company Name:_The Seattle Times also representing the Seattle Post-Intelligencer Address:_1120'John Street City/State/Zip:_Seattle,WA 98109 Telephone Number:_206.652.6909_ Fax:_206.493.0656 Email:_spham@seattletimes.com Please Complete if Applicable: MBE 0 WBE O Washington State Certified 13 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 madeby 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 ANCYB e( S, MAYO ATTEST: APPR ie_.` AS TO FORM: sitZkikop.,„ Shawn Campbell,PMC, City Clerk Steven L. Gross, City i 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 109 SECTION 5 PRESIDING OFFICER - DUTIES 10 SECTION 6 COUNCILMEMBERS 11 SECTION 7 DEBATES 134-2 SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 1113 SECTION 9 VOTING 1645 SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 1745 SECTION 11 PUBLIC HEARINGS AND APPEALS 1816 SECTION 12 DEPUTY MAYOR SELECTION PROCESS 1917 SECTION 13 COUNCIL POSITION VACANCY 2324 SECTION 14 COUNCIL MEETING STAFFING 2321 SECTION 15 COUNCIL RELATIONS WITH STAFF 2/122 SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY BOARDS 252-3 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 untilsuch time as they are amended or new rules are adopted +n 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 Clerkl snall-be-is responsible for preparing agendas for all City Council meetings The City Clerk shall cause to be prepared is responsible for preparing action minutes of all of the Council meetings, 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 - . . - • - .1..1 _!_. . . •_ ! ! _ - City Code, the rRegular meeting s 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. Four or more Councilmembers will constitute aA quorum_ -- .1: • • - - --more Councilmembers for the transaction of business. to 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 uant teby a motion approved by a majority of the City Council, following the recommendation of an ad hoc committee of three Councilmembers . 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 - - - -- - --ctions-2 06704046)-and 2.06.020 of-the City Cede;-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, Washington-4. The regular meeting location of Study Sessions may be changed by a majority vote of the City Council. y-Sessiens A. The Deputy Mayor shall preside over Study Sessions, other than r t for the Special Focus Areas those portions thereof of the Study Sescionfor -- ' _-='n at the hour of 5:30 p.m. €:A_ . A-e-u= .•- •• - Ffour 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. ":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-Meetin-imes-6 •- -. . . •- . -- ---- • _ •- _" . - e- • -lt-be-held-at-the-following times, Firs _ .- ,... . -- . 2. •_• -- :.. -,., • Secone - •- - - -. .. ._ -- _, Third-Monday-of-the-menth Regular-Cott . Fourth-Monday-of-the-month Council Study-Session----5:30-PM 3 ACC 2.06.010(6), 2.06.020 5 Any of these regular-fy-sekleE4e4-n eet4Rgs may-be"eanselled-if-not-needed. Page 3 Draft date 10.29.19 • 2.43 Special Meetings - • ___. . _ -- • _ . _ .! .! • ! _ _ -•• _ _ _ -_ A , . _ -A special meeting of the City Council may be called by the Mayor or any three members of the Council by written notice delivered to each member of the Council at least 24 hours before the time specified for the proposed meeting_; provided, however, that 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-bethat is reasonably calculated to inform the city's inhabitants of the meeting. [See ACC 2.06.040 (1957 code § 1.04.070).] 2.54 Emergency Meetings - Emergency meetings may be called by the Mayor -+r+ arthquakc, or other in case of an emergency, - ' - --- - -_ - - - -- _' . __. ' _ -- -- ---- _ - - , in which case, the mMeeting site notice requirements eth- - . :: ' - - - - do not apply. 2.65 Closed or Executive Sessions - A Council meeting that is closed to the public.cxccpt to the Council, the Mayor, City Attorney and authorized staff members and/or consultants may attendauthorizcd 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. 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. • - • -- - - •- - • -• • -- -- from a meeting by requesting the same of the Mayor or City Clerk in advance of the m-- •- - = • - • - . -• - _ • •- 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, 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, .• • - - - •- • - • - - - - •- - • -- . 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. 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 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_,andthe-tTitles thereof shall may be read aloud : •- = - - = before the ordinance is a voted—being called on their adoption, on. --provided—that aAny councilmember may upen-request, have a full reading of the text of a proposed ordinance prier-to-before the vote on its adoption. It-shall The 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 . - _ • _ - . _-, -_ -- . - - : . -_ 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 agend., - - : : : - - - - ; Provided, howeicr, that if tCouncil may waive this rulehe-Mayer- .elieves that spesiat—erne : •- - -• _• - •: - - . _ -:-_".I Meeting of the City Council. If there is not agreement among members of the City 6 ther the ordinance should be considered for matter shall be presented for a separate vete at the Regular or a. of a majority of the City Council members vote in favor of boasidefing—adeptiew,- • _ -", .- -- •- - • : •- .. .. • 2 -- . _ - • - I be the next matter before the-G-ity-Counoil; Page 7 Draft date 10.29.19 e. - -_ • _ •- • . _- • _. _ - . - . .nd 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, . .e - •- A e • 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 prier to-before the vote on an ordinance. Councilmembers or not tomay 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 require the affirmative vote of at least a majority of the whole membership of the Council_ and-pProvideds 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 t• - -' • • •- e - e before the resolution is a-voted being on. . - e_ -, . _ -Any councilmember may upon request, have-_a full reading of the text of a proposed resolution prior to the vote on its passage. It shall not require a second to the request for a full c a44rrg of��f 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 titl- -_ -- _ : •- -• A • : - - , 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 to-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 e - - - e• -e • '1- •I at a different order or placement in the agenda. -. - - - -- ' - -- - , •• *• • e . - . . • . _ . . - :- • • -•••-bcrs in attendance at the meeting, the item-641-a- -- -. • -- - - •- -- - - •- --- .. _ _ __ _ -- approved motioe- B. Adjustment of Agenda by MayerPresidino Officer. If the Mayor, as tThe presiding officialofficer, :- - •-••- •. . -•• - - -- - - _ - -- - . •e- : - . en out of order considered at a different order or placement in the agenda.as set forth in the agenda to Meeting-r--the-Mayor--_may cell for the amendment of the agenda to the City GOUT}... ..- ••, . .• • - ••• - -, -- .. . . . _ . . . - - - - Page 9 Draft date 10.29.19 tinchangeciadjust 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-aid-Study-Sess+ens. 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. 1f-a unable to attend such meeting, the rnieates-fer-thate that eExcessive, 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] 4,2 Councilmembers are expected to attend the meetings of the Ad Hoc Council City Clerk if they - .-_ - - - - - - - - _ _ -• -- •--- - _- '_ -, -- - - . . . . . :sences may be a:: - . . • Council on a case by case basis. Page 10 Draft date 10.29.19 mbers shall attend the Special Meetings of the City Council. to be late to _ . _:--'_ ..-- '•- : - _ _ a - - ._ •• , •- . - or that meeting shall show the as having an excused absen.- - •-- •e'e Council-on--a case-by-ease-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, • _- - - - - _ - - '- - - -W 35A.12.060 to Regular City Council meetings, unexcused absences from any Regular or Special meetings, or Ad Hoc Committee meetings,shallenst ute-is a violation of these Rules of Procedure. 4.5 At all meetings of the City Council instud+ng-bent-lir ited to Regular Meetings, Study-Sessions and-Ad-Hec-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 aot-in-thet-eapaeitypreside. If both the Mayor and Deputy Mayor are absent and a quorum--Es-present, the Senior he-Gounell--shall elect one of its n combersCouncilmember will preside-- e •.-- - - • e the--Mayor-or-Deputy-Mayor. B. Additionally;-#The 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 •e.e • - -- e ••.: e - - - --- - - The 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. - - '--- - -- _. - _ - -- _ - . _ . _ .• _-seien of a+a-+ssue warding of a motion; E. May affix approximate time limits for each agenda item; more than one classification or category, as defined by the Order of metwit#stecdim-their--in+tiat-different-p - - • - • _ • --agenda- [See former ACC 2.06.100 (1957 code § 1.04.170.); ACC 2.06.190 (1957 code § 1.04.210).] SECTION 6 - COUNCILMEMBERS 8 F r the purposes hewhener-the-terea-"Mayor`--or-Dep- - . ' • -_, - afso-+aoaodethe Mayor✓-Uherr#fie-term-2pres'idin9-effier" is used, it shah-refer--to-the-peFsor-responsible-for presid+r}g over the-meeting-4-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 himself,the self-themselves to the question under debate. 6.2 Questioning. -Any member of the Council, tu4irag-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 circumstances,shad-sue#-ffuestionirtg-bed _ -_ .._ . •_ - • - - -- • -- . - - •• . - - - - • - -••ate-ridicule or degrade 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 GeuneHrnembers. 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 Ti Speaking to the Motion. - No member of the Council, incfud -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 Members 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 T-raeseressien----If a me er-af-t - - . . - --- • --- - _ shall transgress these rules on debate or fail to call such member to order, any 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 hercinin 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. rovided-that exceptExcept where prohibited by law, the Mayor, as presiding official, shall be allowed to vote to break a tie vote. 8.4 When-makiMotions shall be stated in the affirmative. For example, "I move to approve" as opposed to °I move to refect." 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 the provisions of Section 9 hereof, that Councilmember shall so advise the City Council, an-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 . . .'-- • . _ : before any discussion or participation on the subject matter or as soon thereafter as the Councilmember perceives-identifies a need to abstain, hided--that pfior to the time that a A Councilmember$ to-abstain from an-issuer-the-C.o. • - _- • - may confer with the City Attorney to determine if-the-basis-for-whether the Councilmember 's-intended . - - __ _ - • - -_ .' • - • _ --. . • •is required to abstain. tf-the 4ntended-abstentions. - : . • - - a :• - - -- .• -sense--w ittt-the--City coming before the City Council. If that cannot be amber should wa(i to revie • . - .+.. -- •.0• . •.. - - - - _ TTi—TV"'Tc7v'1'ri.. .. .. .. _ i . . . .. 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 debateprior 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 -VOTING° thChair-af-a-Special--Foous-Awa--wii-Viael cc='sor►senati °- -thepu+uses-hereof-aed-wtaecec sisteet - - e--.- •, --•• --- -•-tl-rnean-a-Esllect+ majority--e€the rne+ begs carrsuppert-er=live-wit4Lfasseptythe item proposed disc ssien:-Cos senses-ef •_ _e_ • e: • _ . :sidingofficertake-#inat: 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 ouch 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-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 • e- -- - - ••- e- e •- _ . ._ _ _ _. - • . = - - - - _ 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-4 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 644641-those members were elected to the City Council hall-tee 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 vote , - - - -• . - .. _ , • _ - . • _ •_ - .pe 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 m; -kc that illf there are more than two e4nominees in the initial election. be{-off1.,).two-eouneiiftembers who-rece+v • , •, a . of-i+stn o - -'- •retei-vim t ree votes tt secohtl-nont+rfee-reeeived4we vc4o +t<i- liltifthlenT e.e-;tl so-reEe+v• - :- c fiTtteC o u n e i l ma\ e hoose to have an init-htl-nm_off votes amonchetweett the sevend.a d-the-th+r-d-norninees • . ; be ineltItted-m-the 144 Rift oft aea+n44 . 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 ether-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;previdded 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. Prccervc the decorum and = :- - - _ - ttdy-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 isvues 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); 6.4. 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—lf 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. Special Focus Area for the study sessions for which his or her Special Focus Area is Four or more Councilmembers shall--censti ute-a-q erur -fuer Stu+ y Sessions: 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 •- .•: e e- 5.2 Roll call 9 3 Announcements, Reports and Presentations •- a e e e , e Of wish to discuss the issues at this time or request that they be put on a4uture-Skidy-Session-agendther-discussion, - - *e • - • ee e •• or the members of the City public audience participation. However at the request of the 154 Agenda items for Council Discussion. on-tn-e-ageneia-for-Couneil-discu- •e•, . =e - invelved-in-the-issue,-The-Deputy-Mayer-shalt.endeaver to call-upen the members of the-C-ity-Council-if)- the-erder-of--their requests to discuss-the-Agencia-item, . unless a different order is approved by a majority of the 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 Section 7 of these rules, other than the requirement that there be a me - -- - - - - - - -• he discus - •, - • -- - - - - =- - May - • •- - •- - e - - • - •- - -- - • • e. . - - -- - .- _ - - - -- -e • - . . - that -- - -- - - . .-. . . _ - - . - - :-. . b.r_ _ matter for a later Study Session. _ . .. - - - - -. ... .... . - Mayor • •$hatl-6a s e . . Could Meetings. 27.5. Ordinances Rrlor to an ord n-an.- _- . - -- - . . - - - - • - agenda--ef a agenda-ef a-Study eil-review-and discussion. .ate.__.....The-Study-Session-$r=' . _ - . - - ••- • _• - . _ Study-Session- proposed ordinance, the ordinance may be included on another Study session agenda for further review and discussion. If there is no mt3ers-e#-t#e the matter shall be presented for a v.te at the Study-Session, arid-dee4ded-by- majority-vote of the members of the City Council at the Study Session: 35-6. Other Discussion Items Page 29 Draft date 10.29.19 - .. . deferz• - - -- '• - -2 - -- . . . . _ _- 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-Ge tncf#-d+scre-tion--production and--del+v- - - - .- . - lieu of a future agenda item ma .- • c i - -t.. If there is a -- - -- -•-- -- a 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 reportinstead of having discussion-. -_ = • 39. Special Focus Areas 39. c-a. Tthe Chair of the Special Focus Area scheduled for the Study Session, -• - e - e- - e --- - - -e -, shall preside over this portion of the study session..1 Session c. The Chair of the Special Focus Ar a shall also review the 44:8._Matrix Review/Update (the Deputy Mayor shall preside over this portion of the Study Session) Page 30 Draft date 10.29.19 -t• _ e e.. from all areas of city X99 Adjournment a-s- . . _ _ I-,ad•= - -- - -- 16.2 A. The Mayor, the Deputy Mayor or a. majority of the City Council may establish suckr-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 f yor- hallf-apps+rat-Cou +lr embers-te-Coundii-ad-hoc--committees, . . .-. . .- a __ ._ _ _. ;. _..._ ..._ -e....• -- ._ e . _, . ... . . _ . _• in-that-capacity E. Councilmember appointments to intergovernmental councils, boards and committees, including ad hoc committees, shall be periodically reviewed _ .. ._ . . . e .- e- 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 an-when forming an ad hoc committee;it is the intention of the City Council that evan-ad hoc committees function informally and not_in anyway that takes action in lieu of or on behalf of the full Cdty 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- e{�rhaps record and make recommendations to the full City Council. They are not "committees of a governing body" subject to the requirements of ,•- ,- . - • ; Open Public Meetings Act (.Chapter 42..30 RCM ,Ad hoc committees of the City - -- shall not receive public testimony or allow audience participation in connection with or related to the agenda item being discussed by the Committee;. - - - •- • - - _ - _ . _ . .• - - • - - -- - -. . --, . 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" Page 33 Draft date 10.29.19 • - .. . - •- -All letters, memoranda, and interactive computer communication involving City Councilmembers and members of advisory boards and commissions, the subject of which relates to the conduct of government or the performance of any governmental function—with - - - •- -•-= _ . - - 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. • - -- - - . - ' _ • - -_ -. _. _ . • -Even if asc-s-his-or her Councilmember uses their personal electronic devices all home business,— electronic communications and documents related to City business will - -- _ be subject to discovery demands and public disclosure requests. • . .. •e' • - •• the-need-for-caution--in-ho - - - - - - -- ••••- ••-- - • - City bucinee 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 1-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. Dif erent-hanln 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; where —to each Councilmember shall-have-arrideatif+ed-ar e mt-ef--►honey--earmarked-for hisiher-City_ related travel costs, including transportation, lodging, meals and registration costs. C. Adjustment of Council Travel Allocations. Page 37 Draft date 10 29.19 4n the event that If a councilmember needs more than the amount of travel related funds allocated fortis 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,1-whe -_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