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HomeMy WebLinkAbout5105 RESOLUTION NO. 5 1 0 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE CITY COUNCIL RULES OF PROCEDURE AS ADOPTED BY ORDINANCE NO. 5802 AND AMENDED BY RESOLUTION NOS. 4282, 4429, 4467, 4615, 4686, 4740, 4813 and 4909 WHEREAS, on February 2, 2004, the Auburn City Council adopted Ordinance No. 5802 approving the Rules of Procedure of the City Council; and WHEREAS, Ordinance No. 5802 also provided that future amendments or modifications to the Council Rules of Procedure could be accomplished by Resolution properly introduced and passed by the City Council; and WHEREAS, on December 12, 2007, December 15, 2008, April 6, 2009, July 6, 2010, February 22, 2011, August 15, 2011, May 21, 2012, and February 19, 2013, the City Council passed Resolution Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813 and 4909, respectively, which Resolutions adopted certain modifications to the Council Rules of Procedure; and WHEREAS, in connection with the change of City Council Meeting formats from Council Committees to Council Study Sessions, the Council Operations Committee has recommended additional modifications to the Rules of Procedure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Rules of Procedure of the City Council, as adopted by Ordinance No. 5802 on February 2, 2004, amended by Resolution No. 4282 on December 12, 2007, Resolution No. 4429 on December 15, 2008, Resolution No. 4467 -------------------------------- Resolution No. 5105 October 1, 2014 Page 1 of 2 on April 6, 2009, Resolution No. 4615 on July 6, 2010, Resolution No. 4686 on February 22, 2011, and Resolution No. 4740 on August 15, 2011, Resolution No. 4813 on May 21, 2012, and Resolution No. 4909 on February 19, 2013, are hereby amended as set forth in Exhibit "A", attached hereto and incorporated herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force and effect upon passage and signature hereon, and on January 1, 2015. DATED and SIGNED this - � day of �� � � , 2014. CITY OF AUBURN Ni�fiw' 'R ANCY BjKot, MAYOR ATTEST: Da ielle E. Daskam, City Clerk APP VED TO FOR 7 iel B. H , City Attorn -------------------------------- Resolution No. 5105 October 1, 2014 Page 2 of 2 Exhibit A—Resolution No. 5105 RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON TABLE OF CONTENTS SECTION 1 AUTHORITY 1 SECTION 2 COUNCIL MEETINGS 1 SECTION 3 ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA 443 SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 1140 SECTION 5 PRESIDING OFFICER - DUTIES 1244 SECTION 6 COUNCILMEMBERS 1342 SECTION 7 DEBATES 13432 SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 144443 SECTION 9 VOTING 164615 SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 174746 SECTION 11 PUBLIC HEARINGS AND APPEALS 174746 SECTION 12 DEPUTY MAYOR SELECTION PROCESS 181817 SECTION 13 COUNCIL POSITION VACANCY 194018 SECTION 14 COUNCIL MEETING STAFFING 19 SECTION 15 COUNCIL RELATIONS WITH STAFF 2040 SECTION 16 COUNCIL STUDY SESSIONS COMMITTEES AND CITIZEN ADVISORY BOARDS 2120 SECTION 17 COUNCIL REPRESENTATION & INTERNAL COMM U N I CATION272726 SECTION 18 TRAVEL AUTHORIZATION 303020 SECTION 19 CONFIDENTIALITY 303430 SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 313430 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. i SECTION 2 - COUNCIL MEETINGS All meetings of the City Council shall be open to the public and all persons shall be permitted to attend any meeting of this body, except as provided in RCW Chapter 42.30. Page 1 Exhibit A—Resolution No. 5105 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 Code'. 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 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 7-307:00 p.m. A quorum shall constitute four or more Councilmembers for the transaction of business. In the event that a scheduled Regular Council meeting falls on a legal holiday, the meeting shall be held at X07:00 p.m. on the first business day following the holiday. The Presiding Officer shall be as set forth in Section 5.1 herein. The Presiding Officer shall be seated at the center of the dais, and the Deputy Mayor shall be seated to the Presiding Officer's immediate left. When the Deputy Mayor is acting as the Presiding Officer, in the absence of the Mayor, the Deputy Mayor shall be seated in the center of the dais. The seating arrangement for the other members of the Council shall be as directed by the CityCouncil Operations Committee pursuant to a motion duly made and seconded and approved by a majority of the City Council, following the recommendation of an ad hoc committee of three Councilmembers called for that purpose. 2.03.100 Meeting coordination duties. The mayor or the mayor's designee shall be responsible for the preparation of agendas for the meetings of the council and of the various boards, commissions and committees of the city, and for including in those agendas the items and issues forwarded by the city council and/or or by the ad hoc committees designated to act on behalf of the city council, and for including in those agendas the items and issues proposed by the mayor and city administration, for consideration by the council. The mayor or the mayor's designee shall also be responsible for publishing notices for meetings and for public hearings for the meetings of the council and the various boards, commissions and committees of the city, and for setting the dates and times for said public hearings, except in those instances when setting dates and times for public hearings is required by statute to be done through council resolution. (Ord. 6405 § 1, 2012; Ord. 5761 § 1, 2003.) Page 2 Exhibit A—Resolution No. 5105 [See ACC 2.06.010 (Ord. 3916 § 1, 1983; 1957 code § 1.04.010); ACC 2.06.020 (Ord. 3759 § 1, 1982; 1957 code § 1.04.020); ACC 2.06.030 (1957 code § 1.04.060); ACC 2.06.080 (1957 code § 1.04.090).] 2.2 Study Sessions - In accordance with Sections 2.06.010(6) and 2.06.020 of the City Code, Study Sessions of the City Council shall held on the second, fourth and fifth Mondays of every month in the City Hall Council Chambers located at 25 West Main Street, Auburn, Washington. The regular meeting location may be changed by a majority vote of the City Council. The Deputy Mayor shall preside over Study Sessions. Study Sessions will begin at the hour of 5:30 p.m. A quorum shall constitute four or more Councilmembers for the transaction of business. In the event that 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. No particular seating arrangement shall be required for the Deputy Mayor or other members of the Council, or for the Mayor or any other persons invited to sit at the table of Study Sessions. 2.3 Regular Meeting Times:2 The regularly scheduled meetings of the City Council shall be held at the following times, unless re-scheduled and/or reset to different times: 1. First Monday of the month - Regular Council Meetinq - - 7:00 PM 2. Second Monday of the month - Council Study Session - - 5:30 PM 3. Third Monday of the month - Regular Council Meeting - - 7:00 PM. 4. Fourth Monday of the month - Council Study Session - - 5:30 PM 5. Fifth Monday of the month - Council Study Session - - 5:30 PM. 2.4 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 2 Any of these regularly scheduled meetings may be cancelled if not needed. Page 3 Exhibit A—Resolution No. 5105 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).] 2-32.5 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. 2-42.6 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 dUFiRg GOURGil Committee meetiRgS, and will be announced by the Presiding Officer. 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).] ?52.7 Cancellation of Meetings - Meetings,may be canceled by a majority vote of the Council and proper notice given by the City Clerk. SECTION 3 - ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA All items to be included on the Council's agenda for consideration should be submitted to the City Clerk, in full by 12:00 Noon on the Tuesday preceding each regular Council meeting. The City Clerk shall then prepare a proposed agenda according to the order of business, for approval by the Mayor, or his/her designee. A final agenda will then be prepared by the City Clerk and distributed to Councilmembers as the official agenda for the meeting. In connection with the action of the City Council at Regular Council Meetings, certain items of business shall be subject to First and Second Readings prior to final approval y the City Council. 3.1 The protocol for First and Second Readings shall be as follows: A. First and second readings apply to Ordinances only. Page 4 Exhibit A—Resolution No. 5105 B Resolutions/consent items/contract awards etc. would still be acted on at only one Regular Council Meeting. C. Ordinance action, especially those resulting in changes to City codes - to which First and Second Readings would apply - may take more consideration and discussion than other types of action. D. First and Second Readings would be beneficial to a transparent public process. E. First Reading — discussion only at one Regular Council Meeting. F. Second Reading — action at the next Regular Council Meeting or could be a future subsequent Council meeting depending on Council's discussion and any needed staff follow-up. G. Provides Council with opportunity to ask questions and get information at First Reading. 3.2 The agenda format of the Regular City Council meeting shall be as follows: 3a- A. Call to order. The Presiding Officer shall call the meeting to order. 3-.2 B. 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 C. Flag g salutePledge of Allegiance. The Presiding Officer, Councilmembers and, at times, invited guests will lead the flag sak4e Pledge of Allegiance. 3-4 D. Announcements, Proclamations and Presentations A proclamation is defined as an official announcement made by the Presiding Officer or the City Council regarding a non-controversial event, activity or special interest group which has a major city-wide impact. 3�-: E. Appointments Page 5 Exhibit A—Resolution No. 5105 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� F. Agenda modifications Changes to the Council's published agenda are announced at this time. 3-.7 G. 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 Presiding Officer will state the public hearing and/or appeal procedures before each hearing. 3-3 H. Audience Participation Members of the audience may comment on items relating to any matter related to City business under the Audience Participation period. Comments are limited to three (3) minutes per person, and a total of fifteen (15) minutes per topic. Groups who have a designated speaker may have a total of ten (10) minutes to speak. Public comments sign-up forms will be available at the City Clerk's desk at each meeting for use of those citizens wishing to address the Council. The City Clerk shall serve as timekeeper. The Presiding Officer may make exceptions to the audience participation time restrictions when warranted, in the discretion of the Presiding Officer. Citizens may also speak on individual agenda items on the printed agenda at the time they are considered by the Council as requested by the Presiding Officer. 3-9 I. Correspondence 3.10 Council Ad Hoc Committee Reports Council ad hoc Committee Chairs may report on aGtien and aGtivitiesthe status of their respestve-ad hoc Council Committees' progress on assigned tasks and may give their recommendations to the City Council, if any. In 94V*Rg Ge mmittee Page 6 Exhibit A—Resolution No. 5105 GOMFnnitt ee—rri-'rembe`r: is wed-t$-g`"rv°e a-deSc^Flpptmon of the iRtf?RtioR, OF 3.11--J. Consent Agenda Approval of the Consent Agenda, including items considered to be routine and non-controversial, may be approved by one motion. Items on the Consent Agenda include but are not limited to the following. Any Councilmember may remove any item from the Consent Agenda for separate discussion and action. Al. Approval of minutes. €2. Fixing dates for public hearings and appeals. G3. Approval of claims and vouchers, bid awards and contracts. G4. Approval of surplus property. €5. Other items designated by the City Council. K Unfinished Business Unfinished business of a general nature and that it was removed from the Consent Agenda for separate discussion and action. 3-43 L. New Business Business, other than ordinances and resolutions, that has not been previously before the City Council. 344 M. Ordinances 1. 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. Page 7 Exhibit A—Resolution No. 5105 2. First & Second Readinq Prior to the vote on a motion to adopt or otherwise address an Ordinance, each Ordinance shall be submitted to the City Council for its consideration at a First and Second Reading, as follows: a. First Reading. The First Reading of an Ordinance shall take place at a Regular City Council Meeting. 1. The Ordinance shall be included on the Meetinq Agenda under Ordinances and shall include the indication of "First Reading." 2. The Ordinance shall be read by the City Attorney, in accordance with Section 3.2, Paragraph M, of these Rules. 3. The Ordinance shall be placed before the City Council by a motion to adopt or approve the Ordinance, which motion shall be seconded. a) After the motion is seconded, Councilmembers may discuss the merits of or issues related to the Ordinance. b) If there is no second to the motion, the motion dies. c) Discussion on the motion shall be in accordance with Section 7 of these Rules. d) There shall be no vote on the motion until after the Second Reading, unless the Second Reading is waived as provided for below. b. Waiver of Second Reading. The City Council may choose to waive the Second Reading of an Ordinance if it feels the need for expedience in adopting or acting on the Ordinance. 1. Waiver of Second Reading shall be made by a motion to waive the Second Reading, duly seconded and approved by a super-majority [a majority plus one] of Councilmembers present. 2. If the Second Reading is waived, the City Council may approve or act on the Ordinance at the point in the agenda following the approval of the motion to waive Second Reading_ Page 8 Exhibit A—Resolution No. 5105 c. Second Reading. The Second Reading of an Ordinance shall take place at the Regular City Council Meeting next following the date of the Regular City Council Meeting of the First Reading of the Ordinance. 2. The Ordinance shall be included on the Meeting Agenda under Ordinances and shall include the indication of "Second Reading." 3. The Ordinance shall be read by the City Attorney, in accordance with Section 3.2, Paragraph M, of these Rules. 4. No new motion is necessary to place the Ordinance before the City Council if a motion to adopt or approve the Ordinance was duly made and seconded on the date of the meeting of the First Reading. Councilmembers may discuss the merits of or issues related to the Ordinance. a) Discussion on the motion shall be in accordance with Section 7 of these Rules. b) Following discussion on the motion, the City Council may vote on the motion or take such other action as is appropriate under these Rules of Procedure or other appropriate rules of parliamentary procedure. 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 pFelffiFR6RaRLCouncil discussion or 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. 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. Page 9 Exhibit A—Resolution No. 5105 3:15 N. 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 prelimiRapn Council discussion or 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. 34-60 Mayor and Councilmember Reports The Mayor and Councilmembers may report on their significant City_ related activities since the last regular meeting. The Mayor and Councilmembers shall limit their reports to not more than three (3) to five (a)-minutes, with sensitivity to avoiding duplicate reporting. 34-7P. Adjournment 3.3. Recess - The foregoing agenda may be interrupted for a stated time as called by the Presiding Officer to recess for any reason, including executive sessions. Page 10 Exhibit A—Resolution No. 5105 [See former ACC 2.06.110 (Ord. 5687 § 1, 2002; Ord. 4166 § 2, 1986); ACC 2.06.120 (1957 code § 1.04.120.); ACC 2.06.140 (1957 code § 1.04.140.); ACC 2.06.170 (1957 code § 1.04.190.); ACC 2.06.180 (Ord. 5635 § 2, 2002; 1957 code § 1.04.200).] SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS 4.1 Councilmembers shall attend Regular Council meetings and Study Sessions. Councilmembers w+41-shall inform the Mayor or the City Clerk if they are unable to attend any Regular Council meeting or Study Session, or if they knowingly will be late to any such meetings. 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, continued or prolonged absences shall may 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 are expected to attend the meetings of the Ad Hoc a-R4 Sdia Council Committees to which they are assigned, Councilmembers will should inform the Chair of such Ad Hoc Council Committees or the City Clerk if they are unable to attend any meetings of such Ad Hoc Council Committees, or shall se and should inform the Chair or City Clerk if they expect to be late to any such Ad Hoc Council Committee meeting. If a Councilmember has informed the Chair or City Clerk that he or she is unable to attend such Ad Hoc Committee meeting, the minutes for that meeting, if minutes are required and/or taken, will-shall show the Councilmember as having an excused absence for that meeting. Provided that excessive., continued or prolonged absences shall may addressed by the City Council on a case by case basis. 4.3 Councilmembers shall attend the Special Meetings of the City Council. Councilmembers, 44-shall 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 kRewingly expect to 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 w4l-shall show the Councilmember as having an excused absence for that meeting. Provided that excessive., continued or prolonged absences shall may be addressed by the City Council on a case by case basis. 4.4 Attendance at Ad Hoc Council Committee meetings and Special meetings will not be considered "regular meetings" for the purposes of RCW 35A.12.060, applicable to Regular City Council meetings. However, in addition to the application of RCW 35A.12.060 to Regular City Council meetings, unexcused Page 11 Exhibit A—Resolution No. 5105 absences from any Regular or Special meetings, or Ad Hoc 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 Regular 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 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. Additionally, the Deputy Mayor shall serve as the presiding officer for Council Study SessionsCornm4tee of the Whole. It is further provided that, though not the Presiding Officer of Study Sessions, the Mayor is encouraged to attend Study Sessions. [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. Page 12 Exhibit A—Resolution No. 5105 [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 himself/herself to the question under debate. 6.2 Questioning. - 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 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 Council Training. - 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 Participation in Committees, Agencies and Organizations. - To better represent the interests of the City of Auburn, Councilmembers are encouraged to participate in assignments to local, regional, state and national committees, agencies and organizations. [See former ACC 2.06.130 (1957 code § 1.04.130).] SECTION 7 - DEBATES 7.1 Speaking to the Motion. - No member of the Council, including 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. Page 13 Exhibit A—Resolution No. 5105 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 5.2.A 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 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. Page 14 Exhibit A—Resolution No. 5105 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 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. Page 15 Exhibit A—Resolution No. 5105 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 (table), roll call vote, point of order, reconsideration and take from the table.-A—, and a motdon 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 Presiding Officer, City Attorney or City Clerk should repeat the motion prior to voting. 8.17 The City Clerk will take a roll call vote, if requested by the Presiding Officer, 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 Page 16 Exhibit A—Resolution No. 5105 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 Presiding Officer or by any Councilmember. 9.3 Abstentions - It is the responsibility of each Councilmember to vote when requested on a matter before the full Council. However, a Councilmember may abstain from discussion and voting on a question because of a stated conflict of interest or appearance of fairness. 9.4 Votes bV Mayor - Except where prohibited by law, the Mayor, as Presiding Official, shall be allowed to vote to break a tie vote. [See former ACC 2.06.150 (1957 code § 1.04.150).] SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 10.1 Persons addressing the Council, who are not specifically scheduled on the agenda, will be requested to step up to the podium, give their name and address for the record, and limit their remarks to three (3) minutes, in addition to filling out the speaker sign-in sheet available at the City Clerk's desk. 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. Page 17 Exhibit A—Resolution No. 5105 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. 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 Annually at the fiFs meeting,,�of a-;mow CE)URG,1, OF PeFiE)dica4ygr more often as deemed appropriate, the members theree#of the City Council, by Page 18 Exhibit A—Resolution No. 5105 majority vote, shall designate one of their members as Deputy Mayor for such period as the Council may specify. [See RCW 35A.12.065.1 12.2 The Deputy Mayor shall perform the following duties: Intra-Council Relations • Serve as the Chair of the Council Study Sessions • Serve as an ex-officio member of all other standing and ad hoc committees of the G*City oeur+c-i-lCouncil • Assist in new councilmember training • Support cooperative and interactive relationships among council members • Work with Administration to prepare agendas for Gemmittee of the Whh meetiRgsCouncil Study Sessions Mayor-Council Relations • Help maintain a positive and cooperative relationship between the mayer-Mayor ity and the G*C eeuPG -Council • Act as conduit between the mayor-Mayor and the si#-City eeuff6+ Council on issues or concerns relating to their duties Intergovernmental and Community Relations • Act in absence of mayor-Mayor as requested and/or as required • Be aware of all c*City regional and intergovernmental policies and activities in order to be prepared to step into the role of Mayor if necessary • Serve as the Chair of the City's Emergency Management Compensation Board [See former ACC 2.06.090 (1957 code § 1.04.100).] SECTION 13 - COUNCIL POSITION VACANCY OR ABSENCE 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. 13.2 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. SECTION 14 - COUNCIL MEETING STAFFING Page 19 Exhibit A—Resolution No. 5105 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 courtesy and respect from both City staff and Councilmembers toward each other and of their respective roles and responsibilities. 15.2 City staff will acknowledge the Council as policy makers, and the Councilmembers will acknowledge City staff as administering the Council's policies. 15.3 It is the intent of Council that all pertinent information asked for by individual Council members shall be made available to the full Council. 15.4 Individual Councilmembers shall not attempt to coerce or influence City staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications or the granting of City licenses or permits. Councilmembers may, at the request of the Mayor, participate in discussions and decisions related to these matters. diSGUssions Felated to these matters to give PGliGY guida re and legislative d i rest+en. 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 of being initiated thFo gh the 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 20 Exhibit A—Resolution No. 5105 15.7 All councilmember requests for information, other than requests for legal advice from the City Attorney's Office, shall be directed through the Mayor in order to assign the task to the proper staff. The Deputy Mayor may work with the Mayor's designated staff to prepare Study Session agendas and facilitate their nnmmi tee 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. Meeting Times: Study Sessions shall be scheduled as set forth in Section 2.3, above. B. Study Sessions should conform to the following: 1. Meeting facilitation - the Deputy Mayor shall preside over/conduct Study Sessions. 2. Four or more Councilmembers shall constitute a quorum for Study Sessions. 3. Two and one half hours maximum timeframe (goal). 4. Maximum of five agenda items (goal). 5. Timeframe per agenda item - up to 30 to 40 minutes. 6. Agenda items should relate to future policy-making, strategic planning or key state or federal issues affecting current or future city operations. 7. 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 rq ant, Page 21 Exhibit A—Resolution No. 5105 authorizing contract bidding, etc.) should go directly to the Regular City Council meeting. C. Study Session Meeting Format3 1. Call to Order The Presiding Officer shall call the meeting to order. 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 or City Clerk in advance of the meeting. The reason for the request shall be given at the time of the request. 3. Announcements, Reports and Presentations The Presiding Officer shall provide any announcements, reports or presentations that need to be shared with the City Council in advance of the agenda discussion items. After that these announcements, reports or presentations, City Council members may have questions or wish to discuss the issues at this time or request that they be put on a future Study Session agenda for further discussion. 4. Agenda items for Council Discussion. The Presiding Officer shall announce each of the various items that are on the agenda for Council discussion, and, as warranted, request a Preliminary report from staff or a consultant or other individual(s) involved in the issue. The Presiding Officer shall endeavor to call upon the members of the City Council in the order of their requests to discuss the Agenda Item. After such report(s), if any, the Presiding Officer shall open the floor for Council discussion on the agenda items in their order on the agenda, unless a different order is approved by a majority of the Councilmembers present. Council discussion shall be in conformity with the provisions of Section 7 of these rules, other than the requirement that there be a motion before Council discussion. 3 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 22 Exhibit A—Resolution No. 5105 At the conclusion of the discussion, or at the point the Council feels its questions have been answered and discussion vetted, the Presiding Officer shall move the attention of the Council to the next discussion item on the agenda; provided that if, after a lengthy discussion on a particular agenda item, the Presiding Officer concludes that discussion should be continued to a later date, the Presiding Officer may conclude discussion on that agenda item and schedule the matter for a later Study Session. With the support of a consensus of Councilmembers, the Deputy Mayor shall call for Study Session agenda items requiring formal Council action to be included in agendas for upcoming Regular Council Meetings. 5, Other Discussion Items The Presiding Officer and/or members of the City Council may bring up other discussion items to be discussed at this time or to be scheduled for discussion at a future Study Session; provided that if the Presiding Officer concludes that there is not sufficient time to discuss or continue discussing the topic, the Presiding Officer may defer discussion or continued discussion to a future Study Session. 6. Adjournment The Presiding Officer shall adjourn the Study Session after conclusion of discussion on the agenda items. -The S emmittees of the City G'ewnnTir of T heGrity of TAuburn are as follows: A. PUBLIC WORKS c ^crrarrvTrTi-c : relating to wateF and sanitary sewer utilities, steFrn dFamRage, streets and willl,,,,,re,,�er,.dwRate �p,quipmenFee Rd utilit mattes with the C'�one Committee. inrr4ttee-w*11 se,Ne-as the Counnil'c liaison fnr the B. FINANCE COMMITTEE Page 23 Exhibit A—Resolution No. 5105 In a ddhtion to the normal monitoring of the finannial °vn°nrlitwes of the appFaved budget, this Committee will make FeGOFnFnendatmeRS to the Gity w'IFt legal, Grmatien serFV*GeS, and G y Feal pF$p Committees.The Committee will serve T as Gewnd'S lia♦rJ�eR fbr the G. PLANNING AND COMMUNITY DEVELOPMENT (`(lMMITTGG• , Fts C sign King Go„nty LibFaFy, Urban Tree-Board, Parks Committee,Museum board and MUltiGUItuFal Roundtable-. D. MUNICIPAL SERVICES COMMITTEE: , non °r Auburn InteFRatiGRal Farm ° MaF ° and n°rn°tery. Board, the Gernetepy BeaFd and the Auburn lnteMatieRal vcrr�crT-cuucnT--rrrccn-rcxavrrurr-�mTef-Sr-murrcc�-,-�8 6911 FS Farmers' MaFke Advisory Board. E. GOVE COMMUNITY CAMPUS (`OMMITTRR. AGtiVity GeRter faGittties at c mm,,nit i Campus. The Less G'8v°c Son,-o;Ges—GemmRt ee—and the Commi Q-1-lopmen n„ Community Campus as a whele. F COUNCIL OPERATIONS COMMITTEE-: Page 24 Exhibit A—Resolution No. 5105 ,y �,�,},� ,, ,�,;{{ shall 1. nnintmeRt. MembeFshin n vOURGil O'perattt7��eFt Committee shall GORS26t of the Deputy Mayor and the twe ether COURGilmembers haviRg as the tetal Iennth of ni nnnce � t4 hVe seFVOGe as a COURGilmember. The Deputy Mayor shall be the Chair of the COURGH OperatiORS GGITIMittee. IR the event more members have equal teRurre,the Chair a}d members of the GOURGil rcrativnS Committee shall be se!eGc OR the provided, however, that CGURGil.m.embeFs whose teFm ef E)ff;Ge will expire 7 Powers onrl F Unntinnc The f RGtinn of thoGeunsil Op ns Committee is to u ip nip ise_ subjeGt tO the approval of a majority of the entiFe City COURGOI, designate the absenne of n ni inn im The f unnti R efT the Ge mil OperatinnS the City C;E)LjnGil W the full City GOURGH, and to address issues relafing to The GeunGil Operations Committee shall also evaluate and reGOmmend te- by CounGilmembers of these Rules Of e Page 25 Exhibit A—Resolution No. 5105 3. in Gases ef alleged Mi6GendWGt E)F vielations of the City GeunGil Rules opportunity shall be given, with advaRGe nGtiGe, in an Gpen meeting of thee reGE)mrmi-reRdatl$ns regardiRg GenG„re er renrimand er other dicninlinany ast+en. 4—Meeting Dates. The Ge„nnil Q�perati ens shall meet R 81; Ord 2786 § 1 197.E; QFd. 2745 § 1,1973— 957 Eode § 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, iRGIwddRg SUGh provided that the Deputy Mayor shall appoint Councilmembers to Council ad hoc committees. It is further 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. Councilmember appointments to intergovernmental councils, boards and committees, including ad hoc committees, shall be periodically reviewed to determine which councilmembers could best be able to represent the City on such councils, boards and committees. 16.3 Ad hoc council committees shall consider all matters referred to them. The chair of such ad hoc committee shall report to the City Council the findings of the committee. Committees may refer items to the Council with a committee recommendation or with no committee recommendation. 16.4 Advisory Boards, Committees and Commissions established by ordinance, consisting of citizens appointed pursuant to the establishing Ordinance and serving in the capacity and for the purposes indicated in the Ordinance, shall act as an advisory committee to the City Council. 16.5 Committee Chairpersons shall have broad discretion in conducting their meetings. They will generally follow Roberts Rules of Order, Newly Revised. Page 26 Exhibit A-Resolution No. 5105 16.6 GGn;m;ttee GhairpeFSORG, oF a majority of the members of the may Unless otherwise expressly provided for an ad hoc committee of the City Council, such committees shall not receive public testimony or allow audience participation this in connection with or related to the agenda item being discussed by the Committee, falliRg With R the aFeas of responsibility of the Committee may GGrne from a-Ry attendaRGe. Unless otherwise expressly provided for such ad hoc committee, it is the intention of the City Council that such ad hoc committees function informally and not in any way that takes action in lieu of or on behalf of the full City Council. The purpose and function of such ad hoc committees shall be to review matters in advance of their consideration by the full City Council, and perhaps record and make recommendations to the full City Council. With that, it is the intention that these committees operate informally, without the need for compliance with the Open Public Meetings Act (Chapter 42.30. RCW). 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. Committee, the Committee Cha*FpeFSE)R, 9F the perseR who will be presiding eve-r the eetinnng_shall r ew the draft minutes of Gemmittee meetings cr -r-e� cc�-vr-wrr,rrrr�c��meetings. SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 17.1 If a Councilmember meets with, attends a meeting or otherwise appears on before individuals, another governmental agency, a community organization, or a private entity or organization, including individuals, agencies, or organizations with whom or with which the City has a business relationship, and makes statements directly or through the media, commenting on an issue that does or could affect the City, the Councilmember shall state the majority position of the City Council, if known, on such 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. �I Page 27 Exhibit A—Resolution No. 5105 17.3 Councilmembers shall not knowingly communicate with an opposing party or with an opposing attorney in connection with any pending or threatened litigation in which the City is a party or in connection with any disputed claim involving the City without the prior approval of the City Attorney, unless the Councilmember is individually a party to the litigation or is involved in the disputed claim separate from the Councilmember's role as a City official. 17.4 Communication among Councilmembers shall conform to the following parameters: A. Except in connection with Council members meeting, informally, in committees not subject to the Open Public Meetings Act, TG,-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 OF (,GH Ger m to topics that involve a quorum of the Councilmembers er memb Councilmembers should refrain from emailing Councilmembers about such agenda items. Councilmembers should be prepared to communicate about matters that are on upcoming Gemmittee agendas ef--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 GeFnMittee „r council meeting packets. B. Councilmembers may communicate via email to other Councilmembers, including to a quorum of a GeunGil GOMmittee he full City Council about matters within the scope of the mmittee's—City Council's authority or related to City business, but not yet scheduled on upcoming Committee er 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- Page 28 Exhibit A—Resolution No. 5105 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 of an ad hoc Council Committee, whether concurrently or serially, must be considered in light of the Open Public Meetings Act, if applicable. If the intended purpose of the electronic communication is to have a discussion that should be held at an open meeting, the electronic discussion shall not occur. Further, the use of electronic communication to form a collective decision of the Council shall not occur. (4) Electronic communication should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other confidential City business. In general, electronic communication is discoverable in litigation, and even deleted electronic communication is not necessarily removed from the system. Confidential electronic communications should not be shared with individuals other than the intended recipients, or the attorney-client privilege protecting the document from disclosure may be waived. (5) Electronic communication between Councilmembers and between Councilmembers and staff shall not be transmitted to the public or news media without the filing of a public disclosure request with the City Clerk. Page 29 Exhibit A—Resolution No. 5105 (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. 17.6 Different than 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 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 and GOURGil Gemmitte 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. 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 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 and budget 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 Page 30 Exhibit A—Resolution No. 5105 considered by the exempt from disclosure under exemptions set forth in the Revised Code of Washington. SECTION 20 — ENFORCEMENT OF RULES OF PROCEDURE 20.1.1 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 I Exhibit A—Resolution No. 5105 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 Page 32