HomeMy WebLinkAbout03-05-2012 (2)
Council Operations Committee
March 5, 2012 - 5:00 PM
City Hall Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
III.DISCUSSION ITEMS
A. Council Retreat Planning
B. Council Rules of Procedure*
Discussion of Section 3.10 Council Committee Reports and Section 3.11
Councilmember Reports
IV.ADJOURNMENT
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.
*Denotes attachments included in the agenda packet.
AGENDA BILL APPROVAL FORM
Agenda Subject:
Council Rules of Procedure
Date:
February 25, 2012
Department:
Administration
Attachments:
Council Rules of Procedure
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:March 5, 2012 Item Number:DI.0
AUBURN * MORE THAN YOU IMAGINEDDI.0
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 OF REGULAR COUNCIL MEETING AGENDA 4
SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS 7
SECTION 5 - PRESIDING OFFICER - DUTIES 8
SECTION 6 - COUNCILMEMBERS 9
SECTION 7 - DEBATES 10
SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS 11
SECTION 9 - VOTING 13
SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 13
SECTION 11 - PUBLIC HEARINGS AND APPEALS 14
SECTION 12 - DEPUTY MAYOR SELECTION PROCESS 15
SECTION 13 - COUNCIL POSITION VACANCY 16
SECTION 14 - COUNCIL MEETING STAFFING 16
SECTION 15 - COUNCIL RELATIONS WITH STAFF 16
SECTION 16 - COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS 17
SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 21
SECTION 18 - TRAVEL AUTHORIZATION 23
SECTION 19 - CONFIDENTIALITY 23
SECTION 20 – ENFORCEMENT OF RULES OF PROCEDURE 24
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RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
SECTION 1 - AUTHORITY
The Auburn City Council hereby establishes the following rules for the conduct of
Council meetings, proceedings and business. These rules shall be in effect upon
adoption by resolution of Council and until such time as they are amended or new rules
are adopted in the manner provided by these rules.
SECTION 2 - COUNCIL 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.
The City Clerk shall be responsible for preparing agendas for all City Council meetings
pursuant to the authority of Section 2.03.100 of the City Code1.
The City Clerk shall cause to be prepared action minutes of all of the Council meetings,
which minutes shall contain an account of all official actions of the Council. Council
meetings shall be electronically recorded and retained for the period of time as provided
by State law.
2.1 Regular Meetings - In accordance with Sections 2.06.010 and 2.06.020 of the
City Code, the regular meetings of the City Council shall held on the first and
third Mondays of every month at in the City Hall Council Chambers located at 25
West Main Street, Auburn, Washington. The regular meeting location may be
changed by a majority vote of the City Council.
Regular Council meetings will begin at the hour of 7:30 p.m.
A quorum shall constitute four or more Councilmembers for the transaction of
business.
1 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 appropriate for consideration by the council and the
various boards, commissions and committees of the city. 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. 5761 § 1, 2003.)
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In the event that a scheduled Council meeting falls on a legal holiday, the
meeting shall be held at 7:30 p.m. on the first business day following the holiday.
The Mayor shall be seated at the center of the dais, and the Deputy Mayor shall
be seated to the Mayor’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 Committee on Committees.
[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 Special Meetings - In accordance with Section 2.06.040 of the City Code and
Section 35A.12.110 RCW, a special meeting of the City Council may be called by
the Mayor or any three members of the Council by written notice delivered to
each member of the Council at least 24 hours before the time specified for the
proposed meeting; provided, however, that 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 such meeting has been given by
such notice to the local press, radio and television as will be reasonably
calculated to inform the city's inhabitants of the meeting.
[See ACC 2.06.040 (1957 code § 1.04.070).]
2.3 Emergency Meetings - Emergency meetings may be called by the Mayor, in
accordance with Section 42.30.070 RCW, when by reason of fire, flood,
earthquake, or other emergency, there is a need for expedited action by the City
Council to meet the emergency, in which case, the meeting site notice
requirements otherwise applicable shall not apply.
2.4 Executive Sessions - A Council meeting that is closed except to the Council,
the Mayor, City Attorney and authorized staff members and/or consultants
authorized by the Mayor. The public is restricted from attendance.
Executive sessions may be held during Regular and Special meetings of the City
Council and during Council Committee meetings, and will be announced by the
Mayor or Chair. Executive session subjects are limited to considering such
matters as permitted by State law.
[See former ACC 2.06.070 (1957 code § 1.04.080).]
2.5 Cancellation of Meetings - Meetings may be canceled by a majority vote of the
Council and proper notice given by the City Clerk.
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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/her designee. A final agenda will then be
prepared by the City Clerk and distributed to Councilmembers as the official agenda for
the meeting.
The agenda format of the Regular City Council meeting shall be as follows:
3.1 Call to order.
The Mayor shall call the meeting to order.
3.2 Roll call.
The City Clerk will call the roll. Councilmembers may request to be excused from
a meeting by requesting the same of the Mayor in advance of the meeting. The
reason for the request shall be given at the time of the request.
3.3 Flag salute.
The Mayor, Councilmembers and, at times, invited guests will lead the flag
salute.
3.4 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.
3.5. 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.
3.6 Agenda modifications
Changes to the Council’s published agenda are announced at this time.
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3.7 Public Hearings and Appeals
Individuals may comment on public hearing and appeal items, provided that
when an appeal is a closed record appeal, the matter shall be considered based
on information, evidence and documents in the record. Argument on the appeal
shall refer only to matters, information, documents and evidence presented at the
underlying hearing from which the appeal is taken, and no new information,
evidence or documents may be added, and argument on the appeal may only
deal with information, evidence and documents in the record. The Mayor will
state the public hearing and/or appeal procedures before each hearing.
3.8 Audience Participation
Members of the audience may comment on items relating to any matter related
to City business under the Audience Participation period. Comments are limited
to three (3) minutes per person, and a total of fifteen (15) minutes per topic.
Groups who have a designated speaker may have a total of ten (10) minutes to
speak. Public comments sign-up forms will be available at the City Clerk’s desk
at each meeting for use of those citizens wishing to address the Council. The
City Clerk shall serve as timekeeper. The Presiding Officer may make
exceptions to the audience participation time restrictions when warranted, in the
discretion of the Presiding Officer.
Citizens may also speak on individual agenda items on the printed agenda at the
time they are considered by the Council as requested by the Mayor.
3.9 Correspondence
3.10 Council Committee Reports
Council Committee Chairs report on action and activities of their respective
Council Committees. In giving Committee Reports, the Chair or other committee
member giving the Report is encouraged to defer detailed reporting regarding
resolutions and ordinances that are on the current Council agenda. Then, during
discussion on a motion, the Chair or other committee member is encouraged to
give a description of the intention, or process of consideration of the ordinance or
resolution.
3.11 Councilmember Reports
Councilmembers may report on their significant city activities since the last
regular meeting. Councilmembers shall limit their reports to not more than three
(3) to five (5) minutes.
3.12 Consent Agenda
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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.
A. Approval of minutes.
B. Fixing dates for public hearings and appeals.
C. Approval of claims and vouchers, bid awards and contracts.
D. Approval of surplus property.
E. Other items designated by the City Council.
3.13 Unfinished Business
Unfinished business of a general nature.
3.14 New Business
Business, other than ordinances and resolutions, that has not been previously
before the City Council.
3.15 Ordinances
All ordinances shall be in writing, and the titles thereof shall be read aloud by the
City Attorney prior to a vote being called on their adoption, provided that any
councilmember may upon request, have a full reading of the text of a proposed
ordinance prior to the vote on its adoption. It shall not require a second to the
request for a full reading of an ordinance. It is further provided, however, that the
requirement for a reading of the title of the proposed ordinance, or a full reading
of the text of the proposed ordinance may be waived upon a motion duly made,
seconded and approved by a majority of the councilmembers in attendance at
the council meeting.
After a motion to adopt an ordinance has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief description
of the issues involved with the ordinance, without simply repeating the ordinance
title as read by the City Attorney and may choose to comment on any results of
Committee action regarding the issue.
Discussion and debate by the City Council on ordinances will be held prior to the
vote on an ordinance. Councilmembers shall decide whether or not to amend the
ordinance, or direct staff to further review the proposed ordinance.
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An ordinance shall be adopted by a majority vote of a quorum of the City Council,
Provided that adoption of any ordinance 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, and Provided that public emergency ordinances
require a vote of a majority plus one of the whole Council membership. A public
emergency ordinance is one designated to protect public health and safety,
public property, or public peace.
3.16 Resolutions
All resolutions shall be in writing, and the titles thereof shall be read aloud by the
City Attorney prior to a vote being called on their passage, provided that any
councilmember may upon request, have a full reading of the text of a proposed
resolution prior to the vote on its passage. It shall not require a second to the
request for a full reading of a resolution. It is further provided, however, that the
requirement for a reading of the title of the proposed resolution, or a full reading
of the text of the proposed resolution may be waived upon a motion duly made,
seconded and approved by a majority of the councilmembers in attendance at
the council meeting.
After a motion to pass a resolution has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief description
of the issues involved with the resolution without simply repeating the resolution
title as read by the City Attorney, and the councilmember may choose to
comment on any results of Committee action regarding the issue.
Discussion and debate by the City Council on resolutions will be held prior to the
vote on a resolution. Councilmembers shall decide whether or not to amend the
resolution, or direct staff to further review the proposed 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 shall require
the affirmative vote of at least a majority of the whole membership of the Council.
3.17 Adjournment
Recess - The foregoing agenda may be interrupted for a stated time as called by
the Presiding Officer to recess for any reason, including executive sessions.
[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
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4.1 Councilmembers shall attend Regular Council meetings. Councilmembers will
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 meeting. If a
Councilmember has informed the Mayor or City Clerk that he or she is unable to
attend such meeting, the minutes for that meeting will show the Councilmember
as having an excused absence for that meeting. Provided that excessive or
prolonged absences shall be addressed by the City Council on a case by case
basis.
[See ACC 2.06.050 and RCW 35A.12.060]
4.2 Councilmembers shall attend the meetings of the Council Committees to which
they are assigned, including meetings of the Council Committee of the Whole to
which all Councilmembers are assigned. Councilmembers will inform the Chair
of such Council Committees or the City Clerk if they are unable to attend any
meetings of such Council Committees, or shall so inform the Chair or City Clerk if
they knowingly will be late to any such Council Committee meeting. If a
Councilmember has informed the Chair or City Clerk that he or she is unable to
attend such Committee meeting, the minutes for that meeting will show the
Councilmember as having an excused absence for that meeting. Provided that
excessive or prolonged absences shall be addressed by the City Council on a
case by case basis.
4.3 Councilmembers shall attend the Special Meetings of the City Council.
Councilmembers, will inform the Mayor or the City Clerk if they are unable to
attend any such meetings, or shall so inform the Mayor or City Clerk if they
knowingly will be late to any such Special meeting. If a Councilmember has
informed the Mayor or City Clerk that he or she is unable to attend such Special
meeting, the minutes for that meeting will show the Councilmember as having an
excused absence for that meeting. Provided that excessive or prolonged
absences shall be addressed by the City Council on a case by case basis.
4.4 Attendance at Council Committee meetings and Special meetings will not be
considered “regular meetings” for the purposes of RCW 35A.12.060, applicable
to Regular City Council meetings. However, in addition to the application of
RCW 35A.12.060 to Regular City Council meetings, unexcused absences from
any Regular or Special meetings, or Committee meetings, shall constitute a
violation of these Rules of Procedure.
SECTION 5 - PRESIDING OFFICER - DUTIES
5.1 Conduct of Meetings
The Presiding Officer at all meetings of the Council shall be the Mayor and in the
absence of the Mayor, the Deputy Mayor will act in that capacity. If both the
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Mayor and Deputy Mayor are absent and a quorum is present, the Council shall
elect one of its members to serve as Presiding Officer until the return of the
Mayor or Deputy Mayor.
[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 from any meeting for disorderly conduct;
B. Shall observe and enforce all rules adopted by the Council;
C. Shall decide all questions on order, in accordance with these rules,
subject to appeal by any Councilmember;
D. Shall recognize Councilmembers in the order in which they request the
floor, giving every councilmember who wishes an opportunity to speak,
provided that the mover of a motion shall be permitted to debate it first,
and provided that the Presiding Officer may also allow discussion of an
issue prior to the stating of a motion when such discussion would facilitate
wording of a motion;
E. May affix approximate time limit for each agenda item;
F. When matters on the agenda are placed, or are able to be placed under
more than one classification or category, as defined by the Order of
Business, and the matters involve or are closely related to other subject
matter, then the Presiding Officer may, in the Presiding Officer’s
discretion, present such matters before the Council, for discussion,
consider and vote, at a different place in the agenda without the necessity
of any vote thereon, notwithstanding their initial different placement on the
written agenda.
[See former ACC 2.06.100 (1957 code § 1.04.170.); ACC 2.06.190 (1957 code § 1.04.210).]
SECTION 6 - COUNCILMEMBERS
6.1 Remarks. - Councilmembers desiring to speak shall address the presiding
officer, and when recognized, shall confine him/herself to the question under
debate.
6.2 Questioninq. - Any member of the Council, including the Presiding Officer, shall
have the right to question any individual, including members of the staff, on
matters germane to the issue properly before the Council for discussion. Under
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no circumstances shall such questioning be conducted in a manner to the extent
that such would constitute a cross-examination of or an attempt to ridicule or
degrade the individual being interrogated.
6.3 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 Councilmembers are expected to participate in training offered by individuals,
agencies, entities and organizations including but not limited to the Association
of Washington Cities and the State of Washington, so as to afford the
Councilmembers the opportunity to better understand their roles as City
Councilmembers.
6.5 Councilmembers are encouraged to participate in assignments to regional, state
and national committees, agencies and organizations to better represent the
interests of the City of Auburn.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 7 - DEBATES
7.1 Speaking to the Motion. - No member of the Council, including the Presiding
Officer, shall speak more than twice on the same motion except by consent of
the majority of the Councilmembers present at the time the motion is before the
Council.
7.2 Interruption. - No member of the Council, including the Presiding Officer, shall
interrupt or argue with any other member while such member has the floor, other
than the Presiding Officer’s duty to preserve order during meetings as provided in
Section 5.2a of these rules.
7.3 Courtesy. -All speakers, including members of the Council, which includes the
Presiding Officer, in the discussion, comments, or debate of any matter or issue
shall address their remarks to the Presiding Officer, be courteous in their
language and deportment, and shall not engage in or discuss or comment on
personalities, or indulge in derogatory remarks or insinuations in respect to any
other member of the Council, or any member of the staff or the pubic, but shall at
all times confine their remarks to those facts which are germane and relevant to
the question or matter under discussion.
7.4 Transgression. - If a member of the Council shall transgress these rules on
debates, the Presiding Officer shall call such member to order, in which case
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such member shall be silent except to explain or continue in order. If the
Presiding Officer shall transgress these rules on debate or fail to call such
member to order, any other member of the Council may, under a point of order,
call the Presiding Officer or such other member to order, in which case the
Presiding Officer or such member, as the case may be, shall be silent except to
explain or continue in order.
7.5 Challenge to Ruling. - Any member of the Council, including the Presiding
Officer, shall have the right to challenge any action or ruling of the Presiding
Officer, or member, as the case may be, in which case the decision of the
majority of the members of the Council present, including the Presiding Officer,
shall govern.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS
8.1 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 include nominations, withdrawal of motion by the person making the
motion, request for a roll call vote, and point of order or privilege; therefore a
second is not needed.
8.3 A motion that receives a tie vote is deemed to have failed, provided that except
where prohibited by law, the Mayor, as Presiding Official, shall be allowed to vote
to break a tie vote.
8.4 When making motions, Councilmembers shall be clear and concise and not
include arguments for the motion within the motion.
8.5 After a motion has been made and seconded, the 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 motion pursuant to
the provisions of Section 9 hereof, that Councilmember shall so advise the City
Council, and shall remove and absent himself/herself from the deliberations and
considerations of the motion, and shall have no further participation in the matter.
Such advice shall be given prior to any discussion or participation on the subject
matter or as soon thereafter as the Councilmember perceives a need to abstain,
provided that, prior to the time that a Councilmember gives advice of an intent to
abstain from an issue, the Councilmember shall confer with the City Attorney to
determine if the basis for the Councilmember's intended abstention conforms to
the requirements of Section 9. If the intended abstention can be anticipated in
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advance, the conference with the City Attorney should occur prior to the meeting
at which the subject matter would be coming before the City Council. If that
cannot be done, the Councilmember should advise the City Council that he/she
has an "abstention question" that he/she would want to review with the City
Attorney, in which case, a brief recess would be afforded the Councilmember for
that purpose.
8.7 A motion may be withdrawn by the maker of the motion at any time without the
consent of the Council.
8.8 A motion to table is nondebatable 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 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.
8.9 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.
8.10 A motion to postpone indefinitely is debatable, is not amendable, and may be
reconsidered at the same meeting only if it received an affirmative vote.
8.11 A motion to call for the question shall close debate on the main motion and is not
debatable. This motion must receive a second and fails without a two-thirds' vote;
debate is reopened if the motion fails.
8.12 A motion to amend is defined as amending a motion that is on the floor and has
been seconded, by inserting or adding, striking out, striking out and inserting, or
substituting.
8.13 Motions that cannot be amended include: Motion to adjourn, lay on the table, roll
call vote, point of order, reconsideration and take from the table. A motion to
amend an amendment is not in order.
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 Mayor, City Attorney or City Clerk should repeat the motion prior to voting.
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8.17 The City Clerk will take a roll call vote, if requested by the Mayor, a
Councilmember, or as required by law.
8.18 When a question has been decided, any Councilmember who voted in the
majority may move for reconsideration. In order to afford Councilmembers who
voted in the majority the potential basis for a motion for reconsideration,
Councilmembers who voted in the majority may inquire of Councilmembers who
voted with the minority as to the reasons for their minority vote, if not stated
during debate prior to the vote.
8.19 The City Attorney shall act as the Council’s parliamentarian and shall decide all
questions of interpretations of these rules which may arise at a Council meeting.
8.20 These rules may be amended, or new rules adopted, by a majority vote of the full
Council.
[See former ACC 2.06.160 (1957 code § 1.04.180.); ACC 2.06.170 (1957 code § 1.04.190.);
ACC 2.06.200 (1957 code § 1.04.220.); ACC 2.06.210 (1957 code § 1.04.230).]
SECTION 9 - VOTING
9.1 Voice vote - A generalized verbal indication by the Council as a whole of “yea or
nay” vote on a matter, the outcome of which vote shall be recorded in the official
minutes of the Council. Silence of a Councilmember during a voice vote shall be
recorded as a vote with the prevailing side, except where such a Councilmember
abstains because of a stated conflict of interest or appearance of fairness.
9.2 Roll call vote - A roll call vote may be requested by the Mayor or by any
Councilmember.
9.3 Abstentions - It is the responsibility of each Councilmember to vote when
requested on a matter before the full Council. However, a Councilmember may
abstain from discussion and voting on a question because of a stated 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
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10.1 Persons addressing the Council, who are not specifically scheduled on the
agenda, will be requested to step up to the podium, give their name and address
for the record, and limit their remarks to three (3) minutes, in addition to filling out
the speaker sign-in sheet available at the City Clerk’s desk. All remarks will be
addressed to the Council as a whole. The City Clerk shall serve as timekeeper.
The Presiding Officer may make exceptions to the time restrictions of persons
addressing the Council when warranted, in the discretion of the Presiding Officer.
10.2 Any person making personal, impertinent or slanderous remarks while
addressing the Council shall be barred from further audience participation by the
Presiding Officer, unless permission to continue is granted by a majority vote of
the Council.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 11 - PUBLIC HEARINGS AND 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 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:
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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.
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 Biennially at the first meeting of a new Council, or periodically, the members
thereof, by majority vote, shall designate one of their members as Deputy Mayor
for such period as the Council may specify.
12.2 The Deputy Mayor shall perform the following duties:
Intra-Council Relations
• Serve as an ex-officio member of all standing committees of the city council
• Assist in new councilmember training
• Support cooperative and interactive relationships among council members
• Work with Administration to prepare agendas for committee of the whole
meetings
Mayor-Council Relations
• Help maintain a positive and cooperative relationship between the mayor and
the city council
• Act as conduit between the mayor and the city council on issues or concerns
relating to their duties
Intergovernmental and Community Relations
• Act in absence of mayor as requested and/or as required
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• 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
12.3 In the event of extended excused absences or disability of a Councilmember, the
remaining members by majority vote may appoint a Councilmember Pro
Tempore to serve during the absence or disability.
[See former ACC 2.06.090 (1957 code § 1.04.100).]
SECTION 13 - COUNCIL POSITION VACANCY
13.1 In the event that an unexpired Council position becomes vacant, the City Council
has ninety (90) days from the occurrence of the vacancy to appoint, by majority
vote of a quorum of the Council, a qualified person to fill the vacancy pursuant to
State law. The Council may make 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.
SECTION 14 - COUNCIL MEETING STAFFING
14.1 Department Directors shall attend all meetings of the Council unless excused.
14.2 The City Attorney shall attend all meetings of the Council unless excused, and
shall upon request, give an opinion, either written or oral, on legal questions. The
City Attorney shall act as the Council’s parliamentarian. The 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 respect from both City staff and Councilmembers of their
respective roles and responsibilities when, and if, expressing criticism in a public
meeting.
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.
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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.
Councilmembers who serve council committee overseeing the activities involved
may, with the consent of the Mayor and the committee chair, participate in
discussions related to these matters to give policy guidance and legislative
direction.
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 or being initiated through the
Council Committee process.
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. Council committee chairs and the Deputy
Mayor may work with the Mayor’s designated staff to prepare agendas and
facilitate their committee work.
15.8 Councilmembers shall treat City staff with courtesy and respect.
15.9 Any written communication with staff shall also include the Mayor as a recipient.
SECTION 16 - COUNCIL COMMITTEES AND CITIZEN ADVISORY
BOARDS
16.1 The Standing Committees of the City Council of the City of Auburn are as follows:
A. PUBLIC WORKS:
Makes recommendations to the City Council as a whole on policies
relating to water and sanitary sewer utilities, storm drainage, streets and
policy matters involving construction, engineering, right-of-way use, street
vacation and equipment maintenance and operations. This Committee
will coordinate equipment rental and utility matters with the Finance
Committee. The Committee will serve as the Council’s liaison for the
Transportation, Transit and Trails Committee and special transportation
advisory committees.
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B. FINANCE:
In addition to the normal monitoring of the financial expenditures of the
approved budget, this Committee will make recommendations to the City
Council as a whole on policies relating to human resources, municipal
court, legal, information services, and City real property transactions
including sale, lease, acquisition, and donations. This committee will
coordinate property transactions with other appropriate Council
Committees. The Committee will serve as Council’s liaison for the
Tourism Board.
C. PLANNING AND COMMUNITY DEVELOPMENT:
Makes recommendations to the City Council as a whole on policies
relating to land use planning and zoning, code enforcement, annexation,
building permits, human services, parks, cultural arts and public art,
museum, Mary Olson Farm, communications, and economic development.
The Committee will serve as the Council’s liaison for the Arts Commission,
King County Library, Urban Tree Board, Parks and Recreation Board,
Planning Commission, Human Services Committee, Museum board and
Multicultural Roundtable.
D. MUNICIPAL SERVICES:
Makes recommendations to the City Council as a whole on policies
relating to police, animal control, emergency planning, community
services, telecommunications, solid waste, airport, senior center, Auburn
International Farmers’ Market, golf course and cemetery. The Committee
will serve as the Council’s liaison for the Airport Advisory Board and
Cemetery board.
E. LES GOVE COMMUNITY CAMPUS COMMITTEE
Makes recommendations to the City Council as a whole on policies
relating to development and ongoing use of the Community Center and
Activity Center facilities at Les Gove Community Campus.
F. DOWNTOWN REDEVELOPMENT COMMITTEE
Makes recommendations to the City Council as a whole on policies
relating to development in the Downtown Urban Core, downtown
development agreements and operating policies. The Committee will
serve as the Council’s liaison for the Auburn Downtown Association, the
Business Improvement Area Board and the Urban Core Task Force.
G. COUNCIL OPERATIONS COMMITTEE:
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There is created and established a Council Operations Committee for the
city council, the appointment, duties and functions thereof to be as follows:
1. Appointment. Membership of the Council Operations Committee shall
consist of the Deputy Mayor and the two other Councilmembers having
the longest tenure on the City Council. Longest tenure is to be calculated
as the total length of consecutive service as a Councilmember. The
Deputy Mayor shall be the Chair of the Council Operations Committee. In
the event two or more members have equal tenure, the Chair and
members of the Council Operations Committee shall be selected on the
basis of the largest number of votes received at the most recent general
election(s) in which the Councilmembers were respectively elected. It is
provided, however, that Councilmembers whose term of office will expire
prior to or during the first meeting of a new City Council and who have not
been re-elected or appointed to another term of office extending beyond
the first meeting of a new City Council shall not be allowed to vote at
Council on the approval of the membership of the new committees.
2. Powers and Functions. The function of the Council Operations
Committee is to supervise the formation and membership of all standing
committees of the City Council. The Council Operations Committee shall,
subject to the approval of a majority of the entire City Council, designate
all of the standing committees of the City Council. In addition, the Council
Operations Committee shall, biennially at the first meeting of a new City
Council, or periodically, submit a list of the proposed members of all
standing committees of the City Council for approval by a majority vote of
the entire City Council. The Council Operations Committee shall also
recommend the Chair for each standing committee of the City Council,
which recommendations shall also be subject to approval by a majority
vote of the entire City Council. The membership of all standing committees
of the City Council shall consist exclusively of Councilmembers. Each
chair of any standing committee of the City Council shall, in the absence
of a quorum at a meeting of his/her particular standing committee, have
the authority to appoint a non-member of the standing committee, from the
City Council to that standing committee for that meeting to create a
quorum for that meeting, or in the chair's absence the vice-chairman shall
be able to appoint another Councilmember to that particular committee in
the absence of a quorum. The function of the Council Operations
Committee is also to propose amendments to the Rules of Procedure of
the City Council to the full City Council, and to address issues relating to
the whole City Council and make recommendations for action by the full
City Council relative to such issues.
The Council Operations Committee shall also evaluate and recommend to
the whole City Council any actions, responses or sanctions for violations
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by Councilmembers of these Rules of Procedure, which recommendation
shall be considered, voted and/or acted upon by the City Council in the
normal course.
3. In cases of alleged misconduct or violations of the City Council Rules of
Procedures (ROP), the person suspected of the alleged misconduct or
violation of the ROP shall be afforded the opportunity to respond, which
opportunity shall be given, with advance notice, in an open meeting of the
Council Operations Committee (COC) prior to the COC making any
recommendations regarding censure or reprimand or other disciplinary
action.
4. Meeting Dates. The Council Operations Committee shall meet
biennially upon the seating of each new City Council or more often as
needed.
[See former ACC 2.06.220 (Ord. 4319 §§ 2, 3, 1989; Ord. 3937 § 1, 1984; Ord. 3606 §
1, 1981; Ord. 2786 § 1, 1974; Ord. 2745 § 1, 1973; 1957 code § 1.04.240).]
16.2 The Mayor or a majority of the City Council may establish such ad hoc
committees as may be appropriate to consider special matters that require
special approach or emphasis. Such 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. The Mayor
shall appoint Council representatives to intergovernmental councils, boards and
committees, including such ad hoc 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 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.
16.5 Committee Chairpersons shall have broad discretion in conducting their
meetings. They will generally follow Roberts Rules of Order, Newly Revised.
16.6 Committee Chairpersons, or a majority of the members of the Committee, may
allow audience participation that is related to the agenda item being discussed by
the Committee, and audience participation regarding subjects falling within the
areas of responsibility of the Committee may come from any non-member of the
Committee, including members of the City Council who are in attendance.
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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.
16.8 Prior to publication of the agenda in which minutes are to be approved by the
Committee, the Committee Chairperson, or the person who will be presiding over
the meeting, shall review the draft minutes of Committee meetings.
SECTION 17 - COUNCIL REPRESENTATION & INTERNAL
COMMUNICATION
17.1 If a Councilmember appears on behalf of the City before another governmental
agency, a community organization, or through the media, for the purpose of
commenting on an issue, the Councilmember needs to state the majority position
of the City Council, if known, on such issue. Personal opinions and comments
which differ from those of the Council majority may be expressed if the
Councilmember clarifies that these statements do not represent the City
Council’s position.
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.
17.4 Communication among Councilmembers shall conform to the following
parameters:
A. 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 as “sequential meetings,” Councilmembers should
refrain from emailing Councilmembers about such agenda items.
Councilmembers should be prepared to communicate about matters that
are on upcoming Committee agendas or 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 committee or council meeting packets.
B. Councilmembers may communicate via email to other Councilmembers,
including to a quorum of a Council committee or the full City Council about
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matters within the scope of the Committee’s authority or related to City
business, but not yet scheduled on upcoming Committee or Council
agendas, to indicate a desire that certain items be included on upcoming
meeting agendas; provided that Councilmembers shall never ask for
responses from the other Councilmembers in that communication.
C. Email communication among Councilmembers relating to City operations
should also include the Mayor as a recipient/addressee.
D. Councilmembers may email the Mayor about City business without
limitations or restrictions.
17.5 Internet & Electronic Resources/Equipment Use.
A. Policy. It is the policy of the City Council that Internet and electronic
resources equipment use shall conform to and be consistent with the
requirements of City of Auburn Administrative Policy and Procedure 500-
03, “Internet & Electronic Resources/Equipment Use – Elected Officials”
adopted hereby and incorporated herein by this reference.
It is important to note that all letters, memoranda, and interactive computer
communication involving City Councilmembers and members of advisory
boards and commissions, the subject of which relates to the conduct of
government or the performance of any governmental function, with
exceptions stated by the Public Records Act (RCW 42.56), are public
records.
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 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 Council Committee, whether
concurrently or serially, must be considered in light of the Open
Public Meetings Act. 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
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use of electronic communication to form a collective decision of the
Council shall not occur.
(4) Electronic communication should be used cautiously when seeking
legal advice or to discuss matters of pending litigation or other
confidential City business. In general, electronic communication is
discoverable in litigation, and even deleted electronic
communication is not necessarily removed from the system.
Confidential electronic communications should not be shared with
individuals other than the intended recipients, or the attorney-client
privilege protecting the document from disclosure may be waived.
(5) Electronic communication between Councilmembers and between
Councilmembers and staff shall not be transmitted to the public or
news media without the filing of a public disclosure request with the
City Clerk.
(6) As a cautionary note, if an elected public official uses his or her
personal home computer to send electronic communications
dealing with City business, the electronic communications and
electronic records may be subject to discovery demands and public
disclosure requests. That possibility amplifies the need for caution
in how one uses electronic communication for City business.
SECTION 18 - TRAVEL AUTHORIZATION
18.1 In accordance with the City of Auburn travel policy, approvals or expenditure of
travel related costs and/or approval of specific travel events or activities by
Councilmembers beyond the authority provided in the travel policy shall be as
follows: the requesting Councilmember shall submit his/her request to expend
travel related costs and/or request for authorization for specific travel purposes to
the Mayor to be included on an upcoming Council meeting agenda in advance of
the date(s) of such expenditure or travel. The City Council may pursuant to a
motion, approve the request by a majority vote of a quorum of the City Council at
the meeting in which the matter is considered.
SECTION 19 - CONFIDENTIALITY
19.1 Councilmembers shall keep confidential all written materials and verbal
information provided to them during Executive Sessions, 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.
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SECTION 20 – ENFORCEMENT OF RULES OF PROCEDURE
20.1.1 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.
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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
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