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HomeMy WebLinkAbout5735RESOLUTION NO. 5735 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 on February 4, 2004, which provided that future amendments would be made by resolution; and WHEREAS, the City Council most recently revised the Rules of Procedure on June 5, 2023 via adoption of Resolution No. 5721; and WHEREAS, the City Council has decided to amend its rules again to implement current law and to make necessary clarifying changes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Rules of Procedure of the City Council are amended to read in substantially the same form as the Rules attached hereto as 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 5t' day of September 2023. ATTEST: Shawn Campbell, MMC, City Clerk Resolution No. 5735 September 5, 2023 Page 1 of 1 CITY OF AUBURN ANC B , APpA0\(r_AS TO Harry ch �)Act'i g City Attorney 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 FOR REGULAR COUNCIL MEETING AGENDA 4 SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 8 SECTION 5 PRESIDING OFFICER - DUTIES 9 SECTION 6 COUNCILMEMBERS 9 SECTION 7 DEBATES 11 SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 12 SECTION 9 VOTING 14 SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 14 SECTION 11 PUBLIC HEARINGS AND APPEALS 15 SECTION 12 DEPUTY MAYOR SELECTION PROCESS 17 SECTION 13 COUNCIL POSITION VACANCY 20 SECTION 14 COUNCIL MEETING STAFFING 21 SECTION 15 COUNCIL RELATIONS WITH STAFF 21 SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY BOARDS 22 SECTION 17 COUNCIL REPRESENTATION AND INTERNAL COMMUNICATION 26 SECTION 18 TRAVEL AUTHORIZATION 28 SECTION 19 CONFIDENTIALITY 29 SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 29 Page 1 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON TABLE OF CONTENTS SECTION 1 AUTHORITY 2 SECTION 2 COUNCIL MEETINGS 2 SECTION 3 ORDER OF BUSINESS FOR REGULAR COUNCIL MEETING AGENDA 4 SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 8 SECTION 5 PRESIDING OFFICER - DUTIES 10 SECTION 6 COUNCILMEMBERS 11 SECTION 7 DEBATES 11 SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 12 SECTION 9 VOTING 14 SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 14 SECTION 11 PUBLIC HEARINGS AND APPEALS 16 SECTION 12 DEPUTY MAYOR SELECTION PROCESS 17 SECTION 13 COUNCIL POSITION VACANCY 20 SECTION 14 COUNCIL MEETING STAFFING 21 SECTION 15 COUNCIL RELATIONS WITH STAFF 21 SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY BOARDS 22 SECTION 17 COUNCIL REPRESENTATION AND INTERNAL COMMUNICATION 26 SECTION 18 TRAVEL AUTHORIZATION 30 SECTION 19 CONFIDENTIALITY 31 SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 31 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON SECTION 1 AUTHORITY Pursuant to RCW 35A.12.120, the Auburn City Council establishes the following rules for the conduct of Council meetings, proceedings and business, and the maintenance of order. These rules shall be in effect on adoption by resolution of Council and until they are amended or new rules are adopted. 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, both in person and virtually, any meeting of this body, except as provided in RCW Chapter 42.30. The City Clerk' is responsible for preparing agendas for all City Council meetings.2 The City Clerk 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. Regular meetings of the City Council shall be held at 7:00 p.m. on the first and third Mondays of every month in the City Hall Council Chambers located at 25 West Main Street, Auburn, Washington.3 The regular meeting location may be changed by a majority vote of the City Council. A. 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. B. 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 determined and directed by the Deputy Mayor. The seating arrangement will be decided once every calendar year. 'The City Clerk may delegate any of the duties in these Rules to staff. 2ACC 2.03.100 3ACC 2.06.010(A), 2.06.020 Page 2 [See ACC 2.06.010 (Ord. 3916 § 1, 1983; 1957 code § 1.04.010); ACC 2.06.020 (Ord. 3759 § 1, 1982; 1957 code § 1.04.020); ACC 2.06.030 (1957 code § 1.04.060); ACC 2.06.080 (1957 code § 1.04.090).] 2.2 Study Sessions. Study Sessions of the City Council shall be held at 5:30 p.m. 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, including making the location a virtual forum, for Study Sessions may be changed by a majority vote of the City Council. A. 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. B. Study Sessions seating arrangement shall be located in the floor space directly in front of the dais, unless there is a public health emergency in effect. The table layout for Council and presenters and speakers shall be to provide for maximum visibility of all attendees. The Deputy Mayor and the Special Focus Area chairperson for the scheduled focus area per the agenda shall be at a designated head table. No particular seating arrangement shall be required for other members of the Council, or for the Mayor for Study Sessions. C. The Council shall not take final action at a Study Session. For purposes of this rule, "final action" by the council means a collective positive or negative decision, or an actual vote on a motion, proposal, resolution, order or ordinance.5 Procedural parliamentary motions are not considered final action. 2.3 Special Meetings. 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. Meeting notices shall be delivered by reasonable methods. Those methods can include email notification in addition to notice on the agency's website and principal location. The City Clerk shall provide the written notices. No ordinance or resolution shall be passed, or contract let or entered into, or bill for the payment of money allowed, at any special meeting unless public notice of that meeting has been given by notice to the local press, radio and television that is reasonably calculated to inform the city's inhabitants of the meeting.6 [See ACC 2.06.040 (1957 code § 1.04.070).] 2.4 Emergency Meetings. Emergency meetings may be called by the Mayor or presiding officer in case of an emergency. Meeting site notice requirements do not apply. 4 ACC 2.06.010(B), 2.06.020 5 RCW 42.30.020(2) 6 ACC 2.06.040; RCW 35A.12.110 Page 3 2.5 Closed or Executive Sessions. A Council meeting that is closed to the public. Council, the Mayor, City Attorney and authorized staff members and/or consultants may attend. Closed and Executive sessions may be held during Regular meetings, Study Session meetings, and Special meetings of the City Council, and will be announced by the presiding officer. Closed and Executive session subjects are limited to considering those matters permitted by State law.' 2.6 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 in the absence of both, by the presiding officer or by a majority vote of the City Council, and proper notice given by the City Clerk. 2.7 Quorum. Four (4) or more Councilmembers will constitute a quorum for the transaction of business. SECTION 3 ORDER OF BUSINESS FOR 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 their designee, provided the approval shall be exercised in a manner consistent with ACC 2.03.100. A final agenda will then be prepared by the City Clerk and distributed to Councilmembers as the official agenda for the meeting. 3.1 The agenda format of the Regular City Council meeting shall be as follows: A. Call to Order. The Mayor shall call the meeting to order. B. Land Acknowledgement. The Mayor shall make a land acknowledgement. C. Public Participation. This is the place in the agenda where the public is informed on how to participate in the public meeting and/or instructed on the available options to view the public meeting. D. Pledge of Allegiance. The Mayor, Councilmembers and, at times, invited guests will lead the Pledge of Allegiance. RCW 42.30.110(1), 42.30.140 Page 4 E. Roll Call. The City Clerk will call the roll. F. 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. G. 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. H. Agenda Modifications. Changes to the Council's published agenda are announced at this time. Public Hearings and Appeals. Individuals may comment on public hearing and appeal items by submitting written comments to the City Clerk in advance of the public hearing or by participating in the forum designated by the public hearing notice. 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. J. Public Comment. Members of the public may comment on any matter related to City business under the Public Comment portion of the meeting agenda. Section 10 of these Rules sets forth the procedures for receiving public comments. K. Correspondence. L. Council Ad Hoc Committee Reports. Council ad hoc Committee Chairs, or designee, 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. The Chair of an ad hoc committee must notify the Mayor, Deputy Mayor, City Clerk, and most senior member of the ad hoc committee in advance of any anticipated absence. M. 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 Page 5 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. N. Unfinished Business. Unfinished business of a general nature that was considered by Council at a previous business meeting. O. 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. Councilmembers are encouraged to provide the Mayor or Deputy Mayor information regarding the topic of any new business 48 hours prior to the Council meeting. P. Ordinances. 1. All ordinances shall be in writing. Titles may be read aloud before the ordinance is voted on. Any councilmember may request a full reading of the text of a proposed ordinance before the vote on its adoption. The request for a full reading of an ordinance does not need to be voted on. However, the 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. Before any ordinance is considered for adoption by the City Council, the ordinance shall be included on a Study Session agenda. Council may waive this rule. After a motion to adopt an ordinance has been made and seconded, the Councilmember making the motion is encouraged to give a brief description of the issues involved with the ordinance, without simply repeating the ordinance title, 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 before the vote on an ordinance. Councilmembers may approve, reject, or amend Page 6 the ordinance, or postpone the action and direct staff to further review the proposed ordinance. An ordinance shall be adopted by a vote of at least a majority of the whole membership of the Council, provided, that public emergency ordinances require a vote of a majority plus one of the whole Council membership. A public emergency ordinance is one designated to protect public health and safety, public property, or public peace. Q. Resolutions. All resolutions shall be in writing. Titles may be read aloud before the resolution is voted on. Any councilmember may request a full reading of the text of a proposed resolution prior to the vote on its passage. The request for a full reading of a resolution does not need to be voted on. However, the 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 by a majority of the councilmembers in attendance at the council meeting. After a motion to pass a resolution has been made and seconded, the Councilmember making the motion is encouraged to give a very brief description of the issues involved with the resolution without simply repeating the resolution title, and the councilmember may choose to comment on any results of Council discussion or action regarding the issue. Discussion and debate by the City Council on resolutions will be held 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. R. Mayor and Councilmember Reports. The Mayor and Councilmembers may report on their significant City -related activities associated with their appointed positions on federal, state, regional, City, and local organizations, 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. S. Adjournment. 3.2 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. Page 7 3.3 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. On a motion by any member and majority vote, the City Council may suspend the rules to add an item (e.g., under New Business) or to allow an item on the agenda to be considered at a different order or placement in the agenda, or to be referred to an upcoming Study Session agenda (See Rules 2.2 and 16.1). B. Adjustment of Agenda by Presiding Officer. The presiding officer may adjust the order of items on the agenda, or add items to the agenda if agreed upon by the Mayor and the Deputy Mayor, subject to being overruled by a majority vote of the Council. SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 4.1 Council Meetings. A. Councilmembers shall attend all scheduled meetings, including committee meetings. Councilmembers shall inform the Mayor or the City Clerk if they are unable to attend any Regular Council meeting, 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 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. Excessive, continued or prolonged absences may be addressed by the City Council on a case -by -case basis. Additionally, Councilmembers shall notify the Deputy Mayor of anticipated absences. [See ACC 2.06.050 and RCW 35A.12.060] B. Councilmembers may participate remotely at Council meetings via telephone, video conference, or other approved electronic means with notification to the Mayor, Deputy Mayor, and designated City staff prior to noon on the day of the meeting. If a Councilmember appears remotely for a Council meeting, the Councilmember will use the City of Auburn approved virtual background. Technical circumstances shall be considered as to the Page 8 acceptability of remote attendance. Council prefers in -person attendance when possible. C. Remote attendance of the entire council may be permissible when and if a declaration of emergency is declared locally, regionally, state wide, and/or nationally that would prohibit in person attendance by councilmembers. The Mayor shall direct remote attendance of the council as necessary and when it is in the interest of the City to conduct council business. [See ACC 2.06.050 and RCW 35A.12.060] 4.2 Study Sessions. A. Councilmembers shall attend all Study Sessions. Councilmembers shall inform the Mayor or the City Clerk and the Deputy Mayor if they are unable to attend a Study Session, or if they knowingly will be late to any such meeting, or unable to stay for the entire meeting. Councilmembers shall also inform the Chair of ad hoc committees, and Special Focus Areas if they are unable to attend a such meetings. A Councilmember will be excused from a meeting if they have submitted a request to the Mayor or City Clerk and the Deputy Mayor 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. Excessive, continued or prolonged absences may be addressed by the City Council on a case -by -case basis. [See ACC 2.06.050 and RCW 35A.12.0601 B. Councilmembers may participate remotely at Study Sessions under the same protocol set forth in Section 4.1 B-C. 4.3. Ad Hoc Council Committee Meetings. 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, unexcused absences from any Regular or Special meetings, or Ad Hoc Committee meetings, is a violation of these Rules of Procedure. 4.4 Use of Cell Phones Prohibited. At all meetings of the City Council, Councilmembers may use their City cell phones. All cell phones must remain on silent for the duration of the meeting. Personal communication devices may only be used in the event of an emergency. Councilmembers shall not send, receive, read or post e-mails, texts, or social media posts during meetings of the Council. 4.5 Deportment. To the extent feasible, Councilmembers shall utilize language appropriate to the seriousness of the public legislative matters at hand. Page 9 Councilmembers shall address their remarks to the presiding officer, and shall address elected officials and staff by their title rather than first name, e.g., "Mayor [surname]," "Deputy Mayor [surname], "Council member [surname]" "Chief [surname," or "Director [surname]," as applicable. Councilmembers shall refrain from side conversations with other individual Councilmembers. Councilmembers shall also refrain from inappropriate or derogatory body language, comments, 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 all Regular and Special Meetings of the Council. If the Mayor is absent, the Deputy Mayor will preside. If both the Mayor and Deputy Mayor are absent, the Senior Councilmember will preside. B. The Deputy Mayor will preside over Council Study Sessions, other than those portions for which Special Focus Areas are scheduled, in which case the Chair of the Special Focus Area will preside. 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. C. The Chair of a Special Focus Area must notify the Mayor, Deputy Mayor, City Clerk, and Vice Chair of the Special Focus Area in advance of any anticipated absence. The Mayor is encouraged to attend Study Sessions. 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 interrupts the meeting after having been warned to cease the interruptive 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. May affix approximate time limits for each agenda item. Page 10 SECTION 6 COUNCILMEMBERS 6.1 Remarks. Councilmembers who wish to speak shall address the presiding officer, and when recognized, shall limit their comments to questions under consideration. 6.2 Questioning. Any member of the Council, and the Mayor, shall have the right to question any individual, including members of the staff, on matters related to the issue properly before the Council for discussion. 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, the Mayor and City staff in ways that promote effective local government. 6.4 Council Training. Councilmembers shall 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. 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, and to attend community, regional and state events. Councilmembers who have confirmed their intent to attend are expected to arrange their appearance in order to avoid unnecessary expenditure of City funds. SECTION 7 DEBATES 7.1 Speaking to the Motion. No member of the Council, 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 the presiding officer, shall interrupt or argue with any other member while such member has the floor, other than the Page 11 presiding officer's duty to preserve order during meetings as provided in Section 5.2.A of these rules. 7.3 Courtesy. Members of the Council 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 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. SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 8.1 Unless specifically provided in 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. 8.3 A motion that receives a tie vote fails. Except where prohibited by law, the Mayor, as presiding official, shall be allowed to vote to break a tie vote. 8.4 Motions shall be stated in the affirmative. For example, "I move to approve" as opposed to "I move to reject." Councilmembers shall be clear and concise and not include arguments for the motion within the motion. 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 a motion that Councilmember shall so advise the City Council, shall remove and absent 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 identifies a need to abstain. Councilmember may confer with the City Attorney to determine whether the Councilmember is required to abstain. Page 12 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 effectively removes the item without a time certain. A motion to table to a time certain will be considered a motion to postpone as identified in Section 8.8. To remove an item from the table 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. To remove an item from postponement in advance of the time certain requires a two-thirds' majority vote. 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. 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 A point of order can be raised by any member of the governing body. A member of the governing body can appeal the chair's ruling. An appeal must be immediate and must be seconded. The chair will then explain the ruling. The members of the governing body can debate the matter, each member may speak once. The members of the governing body will then make a decision on the appeal by a majority vote. 8.14 Amendments are voted on first, then the main motion as amended (if the amendment received an affirmative vote). 8.15 Debate of the motion only occurs after the motion has been moved and seconded. 8.16 The presiding officer, City Attorney or City Clerk should repeat the motion prior to voting. 8.17 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 Page 13 the reasons for their minority vote, if not stated during debate prior to the vote. A motion for reconsideration is debatable if the motion being reconsidered was debatable. If the motion being reconsidered was not debatable, the motion for reconsideration is not debatable. 8.18 The City Attorney shall act as the Council's parliamentarian and shall 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. SECTION 9 VOTING 9.1 Voice vote. A generalized verbal indication by the Council as a whole of "aye or yes" or "nay or no" 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 except where a Councilmember abstains because of a stated conflict of interest or appearance of fairness issue. If there is uncertainty as to the outcome of a voice vote, the presiding officer or any councilmember may ask for a raise of hands for the ayes or nays. 9.2 Roll Call Vote. A roll call vote may be requested by the presiding officer or by any Councilmember. The City Clerk shall conduct the roll call vote. 9.3 Abstentions. It is the responsibility of each Councilmember to vote when requested on a matter before the full Council. 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. SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 10.1 Persons or groups specifically scheduled on a Council meeting agenda may address the Council in accordance with the speaking times included on the agenda. 10.2 Persons or groups that are not specifically scheduled on the agenda may address the council by filling out a speaker sign -in sheet (available at the City Clerk's desk or at a designated location within the council chambers), and (when recognized by Page 14 the council) stepping up to the podium and giving their name and address for the record. Unscheduled public comments to the Council are subject to the following rules: 1. Remarks will be limited to 3 minutes. The City Clerk shall use a suitable device to electronically measure speaker time. The presiding officer may make discretionary exceptions to speaker time restrictions, 2. Speakers may not "donate" their speaking time to any other speaker; 3. Remarks will be addressed to the Council as a whole. 10.3 Meeting interruptions. Any speaker or person who interrupts the orderly conduct of a meeting may be barred from further participation in the meeting by the presiding officer, unless permission to continue is granted by a majority of Councilmembers present. Examples of interruptions under this rule include: 1. failing to comply with an allotted speaking time; 2. committing acts of violence or property destruction; 3. directly or indirectly threatening physical violence against anyone attending the meeting; 4. interfering with the meeting or with other speakers through vocal interruptions or disruptive action. If a meeting interruption occurs, the Presiding Officer shall address the person(s) causing the interruption by citing the interrupting conduct, ordering it to stop, and warning that continuation may result in removal from the meeting. The Presiding Officer may remove the interrupting person(s) if the conduct persists after the warning. If removal of the person(s) does not restore the meeting to order, the Presiding Officer may clear the room of spectators and continue the meeting, or adjourn the meeting and reconvene it at a different location selected by Council majority.$ 8 RCW 42.30.050 Page 15 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 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. E. The hearing will then be closed to public participation and open for discussion among Councilmembers. Page 16 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. 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. 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. 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. 2. In connection with the selection of Deputy Mayor, it is strongly suggested that councilmembers approach the election in an open, transparent and respectful manner, avoiding anything that jeopardizes harmony among councilmembers. B. The Councilmember receiving a majority of the votes cast by the members of the City Council shall be elected Deputy Mayor. A Councilmember may vote for him or herself. C. The names of all nominees for the position of Deputy Mayor shall be included in the vote. D. If no single Councilmember received a majority of the votes cast, a second vote/ballot between the two nominees who received the largest number of votes will be held. E. The Deputy Mayor shall serve at the pleasure of the Council. F. In the event of the absence or unavailability of the Deputy Mayor, the 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. Page 17 G. If the designated Deputy Mayor is unable to serve the full term of the position of Deputy Mayor, the Council shall elect the next Deputy Mayor in accordance with Section 12 to serve 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 Council shall elect the next Deputy Mayor in accordance with Section 12 to serve the remainder of the term. [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 in accordance with Rule 5.1.13; 2. Serve as an ex-officio member of all 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 four, the meeting shall comply with the Open Public Meetings Act (RCW 42.30), unless expressly exempted, 3. Assist in new councilmember training including conducting a review of the rules of procedure with one to two individual councilmembers; 4. Support cooperative and interactive relationships among council members; 5. Work with Administration to prepare agendas for Council Study Sessions, in accordance with Rules 2.2 and 16.1.13; 6. Preside over the Study Sessions of the City Council, designate Special Focus Area chairs, designate Special Focus Area assignments, 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: Page 18 1. Help maintain a positive and cooperative relationship between the Mayor and the City Council; 2. Act as conduit between the Mayor and the City Council on issues or concerns relating to their duties; 3. Preside over Regular Meetings of the City Council in the absence or unavailability of the Mayor; 4. In the event of a prolonged absence or incapacitation that exceeds two weeks (a state of disability that prohibits the function of duties) of the Mayor, the Deputy Mayor shall perform the duties of the Mayor. (a) A prolonged absence that exceeds two weeks 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; Page 19 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. 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. Facilitate any issue related to the conduct and/or actions of councilmembers that may be inappropriate or that may be in violation of the Council Rules of Procedure (Section 20.1); 4. Conduct regular and periodic meetings with individual councilmembers to address councilmember issues, concerns, legislative processes, councilmember proposals, councilmember training, and other similar related items; 5. Conduct group meetings with councilmembers, including two on one meetings with councilmembers on a rotating basis 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. SECTION 13 COUNCIL POSITION VACANCY OR ABSENCE 13.1 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 remaining members 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 County may appoint a qualified person to fill the vacancy as provided by RCW 42.12.070. Page 20 13.2 If there is an extended excused absence or disability of a Councilmember, the remaining members by majority vote may appoint a Councilmember Pro Tempore to serve during the absence or disability. SECTION 14 COUNCIL MEETING STAFFING 14.1 Department Directors or designees shall attend all meetings of the Council unless excused by the Mayor. 14.2 The City Attorney, or designee, 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. 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 under the direction of the Mayor. 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. Page 21 15.7 All councilmember requests for information, agenda bills and staff analysis, 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 related materials, and facilitate Study Session work. 15.8 Any written communication with staff shall also include the Mayor as a recipient. SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN ADVISORY BOARDS 16.1 In addition to the regularly scheduled City Council meetings (Regular Council Meetings) scheduled on the first and third Mondays of the month, City Council shall regularly schedule Council Study Sessions on the second, fourth and fifth -Mondays of the month for review of matters that would come back before the City Council at Regular Council Meetings. Different than the format for Regular Council Meetings (identified in Section 3 hereof), Study Sessions shall be less formal than Regular Council Meetings and shall give the City Council the opportunity to discuss and debate issues coming before it for action at Regular Council meetings. The format for these meetings shall be as follows: A. General Business Focus and Special Focus Areas. Study Sessions shall consist of (1) a General Business Focus and (2) a Special Focus Area in each meeting. 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) Community Wellness; and (4) Finance, Technology & Economic Development. These Special Focus Area groups shall be tasked with oversight of Council considerations as follows: 1. Community Wellness • Health Equity and Wellness • Neighborhood Services • Homelessness Prevention • Social Services Page 22 • Diversity, Equity & Inclusion • Cultural Arts & Community Events • Housing Policy 2. Finance and Internal Services • Facilities • Technology • Property management • Risk management & Insurance • Fiscal Sustainability 3. Public Works and Community Development • Utilities • Transportation • Environmental Policy • Land Use & Development • Right of Way Management • Airport • Park Development • Economic Development 4. Municipal Services • Public Safety • Courts • Recreation, Museum & Sr Services • Animal Control • Emergency Planning • Cemetery • Communications 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 Community Wellness, then Finance & Economic Development, then Public Works & Community Development, then Municipal Services, and so on. 2. On 5th Mondays of the Month, Study Sessions will not typically include any of the above Special Focus Areas, but may include special topics and issues of general concern to the City Council, including Council operating arrangements and Council Rules of Procedure. It is provided, however, that in order for the City Council to address the matters coming before the City Council, the Mayor and Deputy Mayor may, as they deem appropriate, insert into any Study Session any matters calling for City Council consideration and Page 23 discussion, regardless of Special Focus Areas; provided that to the extent feasible such matters will be scheduled to allow sufficient time for preparation of relevant background analysis and information concerning said items and provision to all Council members in advance of the Study Session. 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, the Vice -Chair, and the designated departments director(s) for the Special Focus Area, with the matters to be scheduled to the extent feasible to allow sufficient time for preparation of relevant background analysis and information concerning said items and provision to all Council members in advance of the Study Session. The department director(s) shall review agenda topics and suggestions by other Councilmembers of such topics. The Deputy Mayor may review agenda items and topics with each Special Focus Area chairperson individually when convenient. C. Meeting Times Study Sessions shall be scheduled as set forth in Section 2.2, above. 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. D. Study Session Meeting Format.9 1. Call to Order. 2. Roll Call. 3. Announcements, Reports, and Presentations. 4. Agenda Items for Council Discussion. 9 It is the intention of the City Council that Study Sessions shall be televised on the City's public access channel if reasonably possible. Page 24 5. Ordinances. 6. Special Focus Area (the Chair of the Special Focus Area scheduled for the Study Session shall preside over this portion of the study session.). The Vice Chair shall preside over this portion of the study session in the Chair's absence. 7. Adjournment. 16.2 The Mayor, the Deputy Mayor or a majority of the City Council may establish ad hoc committees as may be appropriate to consider special matters that require special approach or emphasis. 16.3 Ad hoc committees may be established and matters referred to them at study sessions, without the requirement that such establishment or referral take place at a regular City Council meeting. 16.4 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. 16.5 The Mayor shall appoint Council representatives to intergovernmental councils, boards and committees. 16.6 Councilmember appointments to intergovernmental councils, boards and committees, including ad hoc committees, shall be periodically reviewed. All councilmembers shall have the opportunity to serve on such councils, boards, and/or committees as assigned by the Mayor and on a rotating basis at the discretion of the Mayor. Councilmember appointments to intergovernmental councils, boards, and committees by the Mayor shall be done with consideration of a councilmember's expertise, background, knowledge, working experience and/or education in that council, board, or committee. Ad hoc committee appointment by the Mayor or Deputy Mayor shall be at their discretion. 16.7 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. 16.8 Advisory Boards, Committees and Commissions established by ordinance, consisting of citizens appointed pursuant to the establishing Ordinance and serving in the capacity and for the purposes indicated in the Ordinance, shall act as an advisory committee to the City Council. 16.9 Committee Chairpersons shall have broad discretion in conducting their meetings. They will generally follow Roberts Rules of Order, Newly Revised. Page 25 16.10 Unless otherwise expressly provided for when forming an ad hoc committee, it is the intention of the City Council that ad hoc committees function informally and not in any way that takes action in lieu of or on behalf of the full City Council. The purpose and function of such ad hoc committees shall be to review matters in advance of their consideration by the full City Council, and perhaps record and make recommendations to the full City Council. They are not "committees of a governing body" subject to the requirements of the Open Public Meetings Act (Chapter 42.30. RCW). Ad hoc committees shall not receive public testimony or allow audience participation in connection with or related to the agenda item being discussed by the Committee. 16.11 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 AND 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 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. 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. Page 26 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. E. The Deputy Mayor from time to time may need to communicate with all councilmembers on various items such as the annual review of the Rules of Procedure. All such correspondence, usually in the form of email, shall be provided to council as a whole through the Council Assistant. Any responses from council shall also be directed to the Council Assistant who shall then provide all councilmembers with email correspondence regarding questions, comments, suggestions, recommendations, or any similar item. F. City Council email correspondence and all electronic communications shall utilize the designated city email account or city device with no exceptions and within the parameters of the Open Public Meetings Act and the Public Records Act. 17.5 Internet & Electronic Resources/Equipment and Facility Use. Page 27 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." 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, are public records. B. Communications. Each Councilmember is responsible for checking their communication device multiple times on a daily basis and respond to requests by City staff as soon as possible. C. Electronic Communications. 1. For emergency notifications of absences, and not planned absences, Councilmembers shall send an email to CouncilAlerts@auburnwa,gov to ensure the auto -distribution of communications to necessary people. 2. Messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. 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 Page 28 news media without the filing of a public disclosure request with the City Clerk. 6. Even if a Councilmember uses their personal electronic devices all electronic communications and documents related to City business will be subject to discovery demands and public disclosure requests. D. Use of City Equipment and Facilities. 1. City Councilmembers are provided various tools to assist them in handling the business of the City in the role as members of the City Council. These tools include, but are not limited to: (1) an individual office assigned to each Councilmember in which there is (a) office furniture; (b) a computer accommodating access to the City's computer network and (c) a telephone tied to the City's telephone system; (2) and I -Pad or comparable equipment also tied to the City's computer system that can be used remotely (not just in the Councilmember's office); (3) , an I -Phone or comparable equipment accommodating mobile communication needs for (a) telephone calls, (b) emails, and (c) texting; (4) a City badge accommodating physical access to City Hall facilities and Council Offices; and (5) Council mailboxes. 2. In order to assure transmittal of information necessary to conduct business of the City and to avoid Public Records Act liability for the City and Councilmembers for improper or private equipment use, Councilmembers shall use the tools identified above to assist them in being able to receive and work with information related to duties as councilmembers. 17.6 Council Relations with City Boards and Commissions. A. Council Liaisons. In 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 Page 29 position does not give all councilmembers equal access to the activities, functions and information of or about a board, commission, committee, task force or any other advisory body, appointments to Council Liaison positions should be reserved to those instances where a Report to the Council by the board, commission, committee, task force or any other advisory body would not be convenient or practical. B. Reports to the Council. Each board, commission, committee, task force or any other advisory body of the City shall be requested to present a report to the City Council at a Regular Meeting or a Study Session of the City Council, as scheduled by the Mayor or Deputy Mayor. Such reports shall be scheduled for a Regular Council Meeting or a Council Study Session, and shall be delivered by the chair of the board, commission, committee, task force or any other advisory body or designee. The reports shall inform the City Council of the activities, functions and information with which the board, commission, committee, task force or any other advisory body has been involved since the previous report, and shall include the opportunity for questions by Councilmembers. 17.7 Whenever a member of the City Council attends any meeting of any other entity or organization, he or she should endeavor to be prudent in what he or she says or does at such meeting. Further, the Councilmember should avoid attending such meeting if that attendance would impose an interference with the meeting or the operations of the other entity or organization, or of the operations of the City. SECTION 18 TRAVEL AUTHORIZATION 18.1 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. 18.2 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 City budget process to each Councilmember for City -related travel costs, including transportation, lodging, meals and registration costs. Page 30 18.3 Adjustment of Council Travel Allocations. If a councilmember needs more than the amount of travel related funds allocated for 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, 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 adjustment to the budget adding additional funds to their allotment, which adjustment shall be approved by a majority of the whole City Council. 18.4 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 31 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. 5399, December 17, 2019 Amended by Resolution No. 5469, November 4, 2019 Amended by Resolution No. 5543, September 8, 2020 Amended by Resolution No. 5676, September 19, 2022 Amended by Resolution No. 5721, June 5, 2023 Page 32