Loading...
HomeMy WebLinkAbout4686 RESOLUTION N0. 4 6 8 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE CITY COUNCIL RULES OF PROCEDURE AS ADOPTED BY ORDINANCE N0..5802 AND AMENDED BY RESOLUTION NOS. 4282, 4429, 4467 AND 4615 WHEREAS, on February 2, 2004, the Aubum 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 modi.fications 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, and July 6, 2010, the City Council passed Resolution Numbers 4282, 4429, 4467, and 4615 respectively, which Resolutions adopted certain modifications to the Council Rules of Procedure; and WHEREAS, the Council Committee on Committees has recommended additional modifications to the Rules of Procedure. NOW, THEREFORE, THE CJTY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 4. 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. Resolution No. 4686 . February 11, 2011 Page 1 of 2 4467 on April 6, 2009, and Resolution No. 4615 on July 6, 2010, are hereby amended as set forth in Exhibit "A°, attached hereto and incorporafed 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. ~ DATED and SIGNED this day of 2011. TY O UB ' ~ P TER "B. LEWIS, MAYOR ATTEST: Da ' Ile E. Daskam, City Clerk APP VE TO FORM: . Daniel B. He'` , Cify Attorn l Resolufion No. 4686 February.11, 2011 Page 2 of 2 , ~ CITY OF * * * WASHINGTON ' o . RULES OF PROCEDURE OF THE CITY COUNCIL OF - ' THE CITY OF AUBURIV, WASHINGTON' TABLE OF CONTENTS . SECTION 1 - AUTHORITY 2 SECTION 2- COUNCIL MEETINGS SECTION 3- ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA 4 SECTION 4- COUNCILMEMBER ATTENDANCE AT.MEETINGS 8 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 14 - SECTION 11 = PUBLIC HEARINGS'AND APPEALS ' 14 SECTION 12 - DEPUTY MAYOR SELECTION PROCESS 15 SECTION 13 - COUNCIL POSITION VACANCY 15 SECTION 147 COUNCIL MEETING STAFFING 16 SECTION 15 - COUNCILRELATIONS WITH STAFF 16 SECTION 16 - COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS 17 SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 20 SEOTION 18 - TRAVEL AUTHORIZATION . 23 SECTION 19 - CONFIDENTIALITY 23 SECTION 20 = ENFORCEMENT OF RULES OF;PROCEDURE 23' RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON Sf CTION 1 - AUTHORITY The Auburn City Council hereby establishes the following rules for the contluct 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 MEETIYVGS -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 provitled '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 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. Couneil 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 Cify Code, the regular' meetings of the'City Council shall held.on the first and third Montlays of every month at in_the City Nall 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 Councilrnembers for the transaction of . business. ~ 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 vanous 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 dafes 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.) Page 2 AUBURN 'K MORE THAN YOU 1MAGINED 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 Mayoc, 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 2.06.01.0 (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 houcs before the time specified for the proposed meeting; provided, however, that no ordinance or resolution shalf 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 Gouncil 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. Exeeutive sessions may be held during Regular and Special meetings of the City Council and during Council Commiftee 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 formerACC 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. ; Rage 3 AUBURN'k MORE THAN YOU IMAGINED SECTION 3- ORDER OF BUSIIVESS OF REGULAR COUIVCIL IVIEETING AGENDA _ _ All ifems to be included on the.CounciPs 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 tfien be prepared by the Cify Clerk and disfributed to Councilmembers as the oificial agenda for the meeting. The agenda format of the Regular City Gouncil meeting shall be as follows: 3.1 Call to order. The Mayor shall call the meeting to order. 3.2 RoII 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 Cify 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 CounciPs published agenda are announced at this. time: Page 4 AUBURN *MORE THAN YOU IMAGINED 3.7 Public Hearings and Appeals Individuals may comment on public hearing and appeal items, provided that . when an.appeal is a closed'lecord appeal, the matter shall be considered based - on information, evidence-and documents in the record. Argument on the appeal shall refer only#o 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 :doeuments 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 totat 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 Cify Clerk shafl serve as timekeeper. The Presiding OfFcer 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 timethey 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 eommittee 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 significanf aetivities since the last 'regular meeting. Councilmember reports are to inclutle only information coming- from appointed positions. Councilmember reports are to be directed to fellow Councilmembers. 3.12 Consent Agenda . Page 5 . AUBURN-*MORE THAN YOU IMAGINED Approval of the Consent Agenda, including items considered to be routine and non-contcoversial, 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 ftom 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 Cify 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 teading of the text of a proposed; ordinance prior to the vote on its adoption. It shall not require a second to ttie 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 attend.ance 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-descripfion. of the. issues involved with the ordinance, without simply repeating the ordinance #itle-as read by the City Attorney and may choose to comment on any results of . Committee acfion 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. Page 6 AUBURN 'k MORE THAN YOU IMAGINED 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 #heir 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 fult reading of a resolution. It is further provided, however, that the cequirement for a reading of the title of the proposed resolution, or a#ull 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 fhe council meeting. : After a motion to pass a: resolution has been made and seconded, the Councilmember making the motion is encouraged fo give a very brief description of the issues involved with the resolution without simply repeating the resolution title as read by the Gity 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 cesolutions 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 § 1.04.420.); 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).] Page 7 AUBURN *MORE THAN YOU IMAGINED I SECTION 4- COUNCILMEMBER ATTENDANCE AT IVIEETINGS 4.1 Councilmembers shall attend Regular Council meetings. Councilmembers will infocm 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 Clerkthat he or she is unable to attend such meeting; the minutes for that meeting will show.the Coancilmember . as having an excused absence for that meeting. . Provided : that excessive or prolonged absences shall be addressed by the City .Councif 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 iinform=the Chair of such Council Committees or the City Clerk if they are unable to atfend any meetings of such Council Committees, or shall so.-inform the Chair or Ciiy 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 willshow 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 Cleck 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 Couneilmember as having an excused absence for that meeting. Provided that excessive or prolonged absences shall be addressed by the City Council on a case 6y 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; app(icable to Regular City Council meetings. However, in addition to the applieation of RCW 35A.12.060 to Regular City Council meetings, unexcused absences from ` any Regular, or Special meetings, or Committee rneetings, shall consfitute a violation of these Rules of Procedure. SECTION 5- PRESIDING OFFICER - DUTIES ~ 5.1 Conduct of Meetings Page 8 AUBURN 'k MORE THAN YOU IMAGINED The Presiding Officer at allmeetings ofithe Council shall be the Mayoc,and in.the absence of the - Mayor, the -Deputy Mayor will act in that capacity. 1f 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: [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 debafe .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 facilifate 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; -af a differenf 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. Couneilmembers. desiring to speak shall address the presiding officer, and when recognized, shall confine himlherself to the question under debate. Page 9 q riUBURN*MORE THAN YOU IMAGINED 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 #o the issue properly before the Council for discussion. Under no circumstances shall such questioning be conducted in a manner to the eztent that such ~would constitute a cross-examination of. or an attempt to ridicule or degrade the individual being interrogated. 6.3 Obliqation to the Public Aqencv. - Nofiniithstanding the right of Councilmembers fo express their. independent opinions and exercise their fceedom 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 limifed to the Association of Washington Cities and the State of Washington, so as to . afford the Councilmembers the opportunify 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 Aubum. [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, sfiall speak more than finrice on the same mofiion except by consent of the majority of the Councilmembers present at the time the motion is before, the Council. 7.2 Interruqtion.- --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 Courtesv. -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. Page 10 AUBURN 'k MORE THAN YOU INIAGINED 7.4 Transgression: = If a member- of the Council shall fransgress 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 otlier member of the`Council may, under a point of order, call the Presiding ~Officer or such other rrmember to order, in which case the Presiding Officer or such member, as ftie case may be, shall be silent except to , explain or continue in order. ' 7.5 Challenae to RUlinq. - 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 §1.04.1$ 0).] SECTION 8- PARLIAMENTARY PROCEDURES AND MOTIONS 8.1 AlI City Gouncil 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 motio,n 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 br-eak 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 Secf'ion 9 heteof, that Councilmember shall so advise tfie Cify Council, and shall rernove and, absent himself/h,erself from the delib.erations and cons ideration s ofthe 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 Page 11 AUBURN * MORE THAN YOU 1MAGINED abstain from an issue, the Councilmember shall confer with the City Attomey to determine if the basis for. the Councilmerriber's intended abstention conforrris to the requirements of Section 9. If the intended abstenfion 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 Cify Atforney, in which case, a brief recess would be affordetl 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 aIL amendments or debates of the issue under consideration. A motion to table is to beused in instances where circumstances or situations arise which necessitate the inte'rruption of the Councilmembers' consideration of the matterthen before them: A mofion 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 specifed in the.motion to table. To remove an item from the #able in.advance of the time certain requires a finro-thirds' majority vote. 8.9 A motion to postpone to a certain time. is debatable,: is amendable and may be I 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 fufure - Regular or Special. City Council meeting. 8.1.0 A motion to postpone indefinitely is debatable, is not amend'able, and may be reconsidered at the same meeting only if it received an affirmative vote. 8.11 A'mgtion to call for the guestion shall close debate on;the main motion and is not debafable: This motion must receive a second and fails wifhout 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 fhe fable, roll call vote, point of order, reconsideration and take from the table. A motion to . amend an amendment is not in order. - 814 Amendments are voted on first, then the main motion as amended (if the ' amendment received an affirmative vote). Page 12 p tiUBURN 'k MORE THAN YOU 1MAGINED 8.15 Debate of the motion only occurs after the motion has been moved and seconded. 816 The Mayor, 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. 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 reconsitleration. In:order to afford Councilmembers who . voted in the majority _the potential basis foc a motion for reconsideration, . Councilmembers who voted in the majority may inquire of.Couneilmembers 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 Gity 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.); ACG 2.06.200 (1957 code § 1.04220.); 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" v.ote on a matter, the`outcome of which vote shall be recordedin the official , minutes of the Council. Silence of a Councilmember during a voice vote shall be recorded as a vote witfi the prevailing side, except where such a Councilmember abstains because of a stafetl conflict of interest or appearance of fairness. 9:2 Roll callvote - A roll call yote may be requested by the Mayor or by any Councilmember. 9.3 Abstentions It is the responsibility of each Councilmember to vote when requesfed on a matter before the full Council: However, a Councilmember may abstain from discussion and Voting'on a guestion. because of a stated conflict of interest or appearance of fairness. 9.4 Votes bv Mavor - Ezcept 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).] Page 13 AUBURN * MORE THAN YOU IMAGINED SECTION 10 - COMMENTS, CONCERNS AIVD TESTINIONY TO COUNCIL . 10.1 Persons addressing the Council, who are not specifically scheduletl on fhe 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) minufes, 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 slanderious remarks while addressing the Council shall be barred from further, audience participafion by the Presiding Officer, unless permission to continue is granted by a majority vote of the Council. [See former AGC 2:06.130 (1957 code § 1.04:130).] SECTIOIV 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) minufes 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. Page 14 AUBURN MORE THAN YOU IMAGINED 11.2 Public hearings where a general audience is in attendance to present arguments for or against a public issue: A. The Department birector or designee shall present the issue to the l Council and respond to questions. B. A person may speak for three (3) minutes. No one may speak for a second fime 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 Offieer. - C. The City Cleck 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 publ,ic participation and open for discussion among Councilmembers. F The Presiding Offieer 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. - SECTIOIV 12 - DEPUTY MAYOR SELECTION PROCESS 12.1 Biennially at the first meeting of a new Council, or period,ically, the members thereof, by majority vote, shall designate one of their members as Deputy Mayor for such period as the Council may specify. The Deputy Mayor shall serve in the , absence or temporary disability of the Mayor. 12.2 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. [See former ACC 2.06.090 (1957 code § 1.04.100).] SECTION 13 - COUNCIL POSITIO(V VACANCY 13.1 In the event that an unexpired Gouncil position becomes vacant, the City Council has ninety (90) days from the occurrence of the vacancy to appoint, by majority Page 15 AUBURN * MORE THAN YOU IMAGINED 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 aftend 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 CounciPs parliamenfarian. The Assistanf 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 All written informational material requested of City staff by . any individual, " Councilmembers shall be submitted to (or made available - to) all Councilmembers, unless directed otherwise by the individual receiving Councilmember(s), or unless other reasons preclude such distribution, in which case the reasons shall be communicated to the Gouncilmembers by the Mayor or designee. 15:4 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. - 15.5 Gouncilmembers shall not attempt to change or interFere with the operating rules ~ and practices of'any City department. Page 16 AUBURN * MORE THAN YOU IMAGINED 15.6 No Councilmember shall direct the Mayor to initiate any action or ~prepare any report that. is significant in nature, or,initiafe any project or study without the consent of a majority of the Council. 15.7 Individual requests for information can be made directly to Department Directors unless otherwise determined by the Mayor. If the request would create a change- in work assignmenfs or. City staffing levels; the request musf be made through the Mayor 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. SECTIOIV 16`, - COUNCIL COMMITTEES. AND CITIZEN. ADVISORY BOARDS . . 16.1 The Standing Committees of the City Council of the City of Aubum 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. B. FINANCE: In addition to the normal monitoring of the fnancial expenditures of the approyed budget, this Committee will make recommendations to the City Council as a whole on policies relating #o 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 CounciPs 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 senrices, parks, cultural arts and public arf, museum, Mary Olson Farm, communications, and economic development. Page 17 ' AUBURN * MORE THAN YOU IMAGINED 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, communify services; telecommunications, solid waste, airport, senior center, Auburn International Farmers' Market, golf course and cemetery.. The Committee ' will serve as the CounciPs 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 REDEVELQPMENT COMMITTEE , Makes recommendations to the City Council as a whole on policies - relating to development in the Downtown Urban Core, downfown . development agreements and operating policies. The Committee will serve as the Council's liaison for the Auburn Downtown Association, the , Business Improvemenf Area Board and the Urban Core Task Forice. G. COUNCIL OPERATIONS COMMITTEE: There is created and established a Council Operations Committee for the city council, the appointment, duties and functions fhereof-to be as follows: ' 1. Appointment. Membership of the Council Operations Committee . shall consist of three. Councilmembers having the longest tenure on the City Council, Longest tenure is to be calculated as the total len9th of consecutive service as a Councilmember. The Councilmember with the longest tenure-shall automatically 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 eleetion(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-elecfed or appointed to another term of office extending beyond fhe first meeting of a new City Council shall not serve Page 18 AUBURN * MORE THAN YOU IMAGINED on the: new. Council. Operations Committee or be allowed to vote on the app. roval 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 ttie standing committees of the City Council. In addition, the Council ` Operations Cornmittee 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 chaic 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 - sfanding committee for that meeting fo 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 #o such issues. The Council Operations Committee shall also evaluate and recommend to the whole City Council any actions, responses or sanctions for violations 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 alleqed misconduct or vi'olations of the City Council Rules of Procedures (ROP), the person suspected of the alleqed misconduct or violation of the_ ROP shall be afforded .the opportunity fo respond, which opportunity shall 6e_diven, with advance nofice, in an open meetinq of the _ Council Operations _Committee (COG) prior fo the COC makinq any recommendations reqardinq censure or reprimand or other disciplinary action. -34. Meeting Dates. The Council- Operations Committee shall meet biennially -upon _the seating of each new City Council or more often as . needed. Page 19 AUBURN * MORE THAN YOU IMAGINED [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, 1*973; 1`957 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 #hat require special approach or emphasis. Such ad hoc comrriittees may be established and ' matters referred to them, af stutly sessions, without the requirernent that such esfablishment-,or referraFtake place at a regular City:Council meeting. The Mayor shall appoint Council representatives to, intergovernmental councils, boards and ' committees, including such ad hoc comm'iftees: 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 C_ommissions :established by ordinance, consisting of citizens appointed pu'rsuant to the establishing Otdinance antl serving in the capacity and for the purposes indicafed: in,.the Ordinance, shall act as an advisory committee to the City Councit. , 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 majotity 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 subjeets 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. 16.7 Committee Chairpersons shall approve all agenda iterns 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 approyed 6y the, Committee, the Committee Chairperson, or the person who will be presiding over - the meeting, shall review the draft minutes of Committee meefiings. . SECTION 17- - COUNCIL REPRESENTATION & INTERNAL COIVIMIJNICATIOIV ` 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 Page 20 AUBURN * MORE THAN YOU 1MAGINED 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 tlie 'media, another government agency or community organization. . 47.3 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. Councilmem6ers 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 infor'mation 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 matters within the seope 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 agend'as; provided that Councilmembers shall never ask for responses from the other Councilmembers in that communication. C. Email communication among Councilmem6ers 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 Page 21 . AUBURN * MORE THAN YOU IMAGINED requirements of City of Auburn Administrative Policy and Procedure 500- 03, "Intemet & Electronic Resources/Equipment Use - Elected Officials" adopted hereby and incorporated herein by this reference. . It is important to note that all letters, memoranda, and 'mteractive computer communication inv.olving City Councilmembers and members of advisory boards and commissions; the subject of which relates to tlie conduct of govemment 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 sendec ,as a public official constitute a public record. Such records ar.e 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 use of electronic communication to form a collective decision of the Council shall not occur. (4) Eleetronic communication should be used cautiously when seeking legal advice or to discuss matters of pending :litigation or other confidential City business. In general, electron_ic communication is discoverable in litigation, and even delefed electronic communication is not necessarily removed from the system. Confidential electronic communications shoald 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 Gouncilmembers 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 22 AUBURN * MORE THAN YOU 1MAGINED (6) As a cautionary no,te, if an elected public official uses his or het personal home c'omputer to ' send electronic communications dealing with City business, the electronic communications and electronic records-may be subject to discovery demands and public disclosure requ._ests. :That possibility amplifies the need for caution in how one uses electronic communication for City business. SECTION 18 - TRAVEL AUTHORIZATIOIV 18.1 In accordance with the Cityof 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 . travef related costs and/or, request for authorization forspecific 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 - GONFIDENTIALITY 19.1 Councilmembers shall keep confidential all written materials and verbal information provided to them d.uring Executive Sessions, to ensure that the City's position is not compromised. Confidentiality also includes information provided to Councilmembers outside of Exeeutive Sessions when the information is considered by the exempt from. disclosure under exemptions set forth in the Revised Code of Washington. SECTION 20 - ENFORCEMENT OF RULES OF PROCEDURE 20:1 Councilmembers shall conform their conduct to the, requirements; standards and expectations set forth in these Rules of Procedure. In addition to and nofinrithstanding whatever other enforcement mechanisms may existfor legal, ethical or practical obligations on Councilmember perFormance or conduct, violations of these Rules of Pcocedure by Council'members 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 perrimitted by law. l Page 23 . , AUBURN *MORE THAN YOU IMAGINED City Councii Rules. of Procedure: . Adopted Feb.ruary 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 bv Resolution No. 4686. 2011 , . - . Page 24 . AUBURN 'k MORE THAN YOU IMAGINED