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Home My WebLink About10-23-2024 Special AgendaJ unior City Council October 23, 2024 - 7:00 P M City Hall 25 W. Main St. Auburn, W A 98001, Floor 2, Conference Room 3 S P E C IA L ME E T ING A GE NDA I .C AL L T O O RD E R A .Roll Call I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS I I I .AG E ND A M O D I F IC AT I O NS I V.C O NS E NT AG E ND A All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A .A pproval of October 9th, 2024 Minutes V.C O M M IT T E E RE P O RT S /E V E NT S V I .D IS C US S I O N IT E M S A .Update from Chair Muhsen Chair Muhsen to update J unior Council on his takeaways from the Community Meeting he attended. B .J unior City Council Travel to D.C. I n March, the National L eague of Cities (NL C) has their annual Congressional Conference in Washington D C. Mayor and City Council will attend and there is budget for four J unior Council members (and a chaperone) to attend. W ho would like to attend? C.Climate and Health A daptation Modeling Project Next steps for the youth engagement opportunity on November, 13th. D.A dministrative Updates A uburn's Veteran's Parade on November 9th - Any appointed J unior Council Member can attend, the parade happens rain or shine. J unior Council will have a vehicle to walk beside (or ride in). A J C C attendees will receive honorable mention during the Remembrance Ceremony. November 1st is the deadline for registering, reach out to Melissa if you are interested. S anta P arade & Tree L ighting on December 7th - Any appointed J unior Council Member can attend, the parade happens rain or shine. J unior Council has a banner to hold an decorate and you will receive honorable mention at the tree lighting. Page 1 of 27 Mayor's Open House in early December - Held at A uburn's J unior A chievement, it is an evening of food and festivities with staff, elected officials, and community members. E .O P MA Training Training on the Open P ublic Meetings A ct. V I I .AD J O URNM E NT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 2 of 27 J unior City Council October 9, 2024 - 7:00 P M Council Chambers A GE NDA I .C AL L T O O RD E R Chair Mushen called the meeting to order at 7:13 p.m. A .Roll Call P resent: Erica Rios; J oey Rush; L ewand Muhsen; L illy Mertens; Nnamdi Ometu; P hia Chea; Rowan Santos A bsent: Mikaela P edraja; Nazli S hamdeen; Prableen Kaur; Caleb Choi Guest: Oliver Nguyen, potential member S taff: Dana Hinman, Director of Administration; A cting Deputy Mayor Yolanda Trout-Manuel I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS I I I .AG E ND A M O D I F IC AT I O NS I V.C O NS E NT AG E ND A All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A .A pprove J une 26th, 2024 Minutes Chair Mushen called for motion to approve. Vice Chair Rowan moved, second by Member Mertens – motion passed. V.C O M M IT T E E RE P O RT S /E V E NT S V I .D IS C US S I O N IT E M S A .Discuss Chair, and Vice-Chair P ositions Discuss J unior Council Chair, and Vice-Chair positions. Director Hinman explained that the council is required to select a chair and vice chair for the 2024-2025 A J C C session. Members nominated and voted for both positions and selected L ewand Mushen as chair and Rowan S antos as vice chair. B .Climate and Health A daptation Modeling Project (C HA MP ) P ublic Health – Seattle & K ing County is working on a community-based participatory Page 1 of 3Page 3 of 27 model building project focused on heat health risks in the City of A uburn. We have established a 15-person workgroup of people with related lived and professional experiences that have created a model that visualizes how heat impacts health in A uburn. T his workgroup has met three times since J uly 2024 and will meet three more times before April 2025 to finish the model and identify solutions to be shared with decisionmakers. We are seeking your input at this mid-point stage of the process so that we can include your perspective on heat health risks in Auburn in the conversation. We invite you to participate in a 2-hour discussion in November (exact date forthcoming) which will include the following activities: P ublic Health – Seattle & K ing County is working on a community-based participatory model building project focused on heat health risks in the City of Auburn called the Climate and Health Adaptation Modeling P roject (C HA MP). King County would like to use the November 13 meeting to host a youth event with the goal of sharing the youth perspectives with the 15 member task force. DECISION: the AJ CC agrees to host the meeting and asked Director Hinman to inform Public Health – Seattle & King County. C.Transportation Advisory B oard Position The Transportation A dvisory Board has a board position open for a High S chool S tudent. The Transportation A dvisory Board has a board position open for a High S chool Student. D E C I S I O N: Chair Mushen has agreed to serve in this position. D.A dministrative Updates A uburn is hosting a series of community meetings with A uburn residents, elected officials, school and community leaders. I f you are interested is helping with setting up, tearing down, taking notes, and other duties as assigned, please reach out to Melissa B ailey. A uburn's Veteran's Parade on November 9th - Any appointed J unior Council Member can attend, the parade happens rain or shine. J unior Council will have a vehicle with an assigned driver to walk beside, or ride in during the parade and you will receive honorable mention. S anta P arade & Tree L ighting on December 7th - Any appointed J unior Council Member can attend, the parade happens rain or shine. J unior Council has a banner to hold an decorate and you will receive honorable mention at the tree lighting. Mayor's Open House in early December - Anyone on A J C C can attend, anyone on a board or commission, city employee, or resident can attend. P lease reach out to Melissa Bailey to rsvp, or for more information. Chair Mushen shared with the A J C C the following opportunities for Page 2 of 3Page 4 of 27 participation and encouraged members to reach out to Melissa Bailey if interested: 1. Assist with community meetings with Auburn residents. 2. Participate in A uburn's Veteran's Parade on November 9. 3. Attend Auburn’s Santa Parade & Tree L ighting on December 7th. 4. Attend Mayor's Open House in early December. E .Updates from Deputy Mayor A cting Deputy Mayor Trout-Manuel asked each member to introduce themselves and share why they joined the Auburn J unior City Council. A D M Trout-Manuel expressed her gratitude for them serving and that she is looking forward to seeing what they accomplish this year. V I I .AD J O URNM E NT Chair Mushen adjourned the meeting at 7:35 p.m. Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 3 of 3Page 5 of 27 AUBURN VALUES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION OPEN GOVERNMENT TRAINING Kendra Comeau, Auburn City Attorney Shawn Campbell, Auburn City Clerk Page 6 of 27 Preservation and Destruction of Public Records Chapter 40.14 RCW Public Records Act Chapter 42.56 RCW Open Public Meetings Act Chapter 42.30 RCW OPEN GOVERNMENT TRAINING Page 7 of 27 Keep all records created by you or sent to you Primary Copy Only Forward all writings containing information relating to the conduct of government received on your personal device Councils, Boards, Commissions: Send messages to your Council, Board, or Commission City liaison unless the communication is from a City staff member City staff should not use their personal devices to conduct the business of the City RECORDS RETENTION AND DESTRUCTION Page 8 of 27 Fines assessed by the Court due to failure to produce documents needed to fulfill a public records request or as part of a lawsuit The possibility of interrupting efficient City operations due to loss of information A loss of continuity in business operations in the event of a disaster Loss of records of historical significance Intentional destruction of public records is a crime CONSEQUENCES FOR DESTROYING RECORDS TOO EARLY Page 9 of 27 Primary copy kept by City Clerk All other copies are secondary and can be destroyed when no longer needed. Page 10 of 27 The people do not yield their sovereignty to the agencies which serve them.” “The people, in delegating authority, do not give public servants the right to decide what is good for the people to know and what is not good for them to know.” “The people insist on remaining informed so they may retain control over the instruments they have created.” PUBLIC RECORDS ACT Page 11 of 27 "Public record" includes: any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics RCW 42.56.010 DEFINITIONS Page 12 of 27 IDENTIFIABLE PUBLIC RECORDS May 24, 20 Attn: Human Resources I would like to know how the city handles employment discrimination claims. Please advise at your earliest convenience. Ann Smith The first request is for information. The second request is for an “identifiable public record.” To: City of Tukwila Date: June 1, 2014 I would like to receive a copy of the city’s policy for handling employment discrimination claims. Thank you. Paul Jones May 24, 2020 Attn: Human Resources I would like to know how the city handles employment discrimination claims. Please advise at your earliest convenience. Ann Smith To: City of Auburn Date: June 1, 2020 I would like to receive a copy of the city’s policy for handling employment discrimination claims. Thank you. Paul Jones Page 13 of 27 PUBLIC RECORDS REQUESTS Public Records Portal on City’s Website City Hall- Records Request Form Page 14 of 27 •An agency should read the request carefully to understand what records are requested.  Clarify the request if needed.  An agency can also ask the requestor to suggest search terms. •An agency must conduct an adequate search for responsive records.  Consider all formats (paper, electronic, etc.)  Consider records of current staff/officials, and former staff/officials, if potentially responsive.  Consider possible locations (e.g., file cabinets, agency website, audio files, etc.) •The search should be reasonably calculated to uncover responsive records. The search should follow obvious leads to possible locations where records are likely to be found. It is a good idea to document search efforts (locations, search terms used, etc.). The agency bears the burden of proof to show the adequacy of the search. SEARCHING FOR RECORDS Page 15 of 27 •There is no general “privacy” exemption in the Public Records Act. •If privacy is an express element of another exemption, privacy is invaded only if disclosure about the person would be: “highly offensive to the reasonable person” and “not of legitimate concern to the public.” This means that if information does not satisfy both these factors, it cannot be withheld as “private” information under the applicable exemption. ~ RCW 42.56.050 PRIVACY Page 16 of 27 Hoffman v. Kittitas Cnty (Sept. 26, 2019): Court fined the County $15,498 based on a penalty of $.50 per page/photo/video for 246 days. Zink v. City of Mesa (June 19, 2018): Court fined City of Meza $200,746.47 and attorneys’ fees of $25,746.47 in a case involving 172 records requests over 3 years related to the City’s decision to terminate the Zinks’ building permit. UPDATE WITH RECENT COURT CASES Page 17 of 27 Applies to: Governing bodies (“multimember boards, commissions, committees, councils, or other policy or rule-making bodies of a public agency”). Public Agencies of Auburn: The City Council The City’s subagencies (commissions, boards, agencies, etc. that are “created by statute, ordinance, or other legislative act…”); and Any committee of the council or a subagency when: •the committee acts on behalf of the governing body, •conducts hearings, or •Takes testimony or public comment -- RCW 42.30.020 “The purpose of the OPMA is to allow the public to view the “decision-making process.” ~ Washington State Supreme Court OPEN PUBLIC MEETINGS ACT (OPMA) Page 18 of 27 “Action” means the transaction of the official business of the public agency and includes but is not limited to: Public testimony Deliberations Discussions Considerations Reviews Evaluations The requirements of the OPMA are triggered whether or not “final” action is taken. ~ RCW 42.30.020 WHAT IS ACTION Page 19 of 27 “Final action” means a collective positive or negative decision or an actual vote by the members of the governing body upon a motion, proposal, resolution, order, or ordinance. HB 1329 (2022): Requires that the City provide an opportunity for public comment at or before every regular meeting at which final action is taken. Requires an opportunity for individuals to provide remote oral comment if the person will have difficulty attending the meeting. Public agencies are encouraged to provide for remote comment. WHAT IS FINAL ACTION Page 20 of 27 All meetings of a governing body of a public agency must be held in a physical location where the public can attend, with an exception: If required by the emergency, the public agency can either fully prohibit or limit in-person public attendance at the meeting. It is highly encouraged that a governing body provide a remote meeting attendance option when there are no limitations to in-person meeting attendance by the public. MEETING LOCATION Page 21 of 27 The OPMA permits members of the governing body to attend the meeting by phone or other electronic means that allows for real-time verbal communication. Your staff liaison will make a recommendation for required types of meeting attendance for City Boards and Commissions. The meeting must be held in a physical location and must allow the public to attend in-person (absent an emergency). REMOTE MEETING ATTENDANCE Page 22 of 27 Avoid an inadvertent on-line public meeting Quorum Action Page 23 of 27 PUBLIC MEETING NOTICE REQUIREMENTS Regular Meetings (recurring meetings held according to a schedule fixed by ordinance, resolution, bylaws or other rule) Governing bodies are required to make the agenda of each Regular Meeting of the governing body available on-line no later than 24 hours in advance of the published start time of the meeting. Special Meetings (a meeting that is not a Regular Meeting, called by the presiding officer or majority of the members) ALL MEETINGS MUST BE NOTICED BY THE CITY CLERK Written notice must be given 24 hours before the Special Meeting and must specify the date, time and place of the meeting and the business to be transacted. Emergency Special Meetings Notice is not required for a Special Meeting called to deal with an emergency:  When the emergency involves injury or damage to persons or property or the likelihood of such injury or damage  Where time requirements of notice make notice impractical and increase the likelihood of such injury or damage ~ RCW 42.30.070, RCW 42.30.077, RCW 42.30.080 Page 24 of 27 For specified purposes set out in the OPMA -no final action can be taken. Examples: EXECUTIVE SESSIONS  National security  Real estate: •Site selection or acquisition of real estate— •Lease or purchase •Public knowledge would likely increase price •Sale or lease— •Public knowledge would likely decrease price •Final action selling or leasing public property must be taken at an open meeting  Publicly bid contracts: •Review negotiations on the performance of publicly bid contracts •Public knowledge would likely increase costs Evaluate qualifications of an applicant for public employment Meet with legal counsel regarding enforcement actions, litigation or potential litigation  Other purposes listed in RCW 42.30.110 ~ RCW 42.30.110Page 25 of 27 PENALTIES FOR VIOLATING THE OPEN PUBLIC MEETINGS ACT A court can impose a $500 civil penalty against each member (personal liability) for a first violation, and $1,000 for each successive violation. Any action taken at meetings held in violation of the OPMA are “null and void.” A court may order an agency to pay the costs and reasonable attorney’s fees of a person who sues the agency for a violation. An OPMA violation may provide a sufficient legal basis for a recall effort against a local elected official. But…if the court finds that the action was frivolous and advanced without reasonable cause, it may award to the agency reasonable expenses and attorney fees. ~ RCW 42.30.120; RCW 42.30.060 Page 26 of 27 OPMA – WHAT DOES AUBURN DO? Agendas are posted on the City’s website at least 24 hours in advance of meetings. Procedures have been formalized for override of the front door locks to ensure access. Documentation is retained: meeting minutes and executive sessions (purpose, time, attendees). Training has been provided for staff who serve as liaisons to the City’s Boards and Commissions (need more training? Contact Shawn Campbell). Page 27 of 27