3597 Rules of Governance April 2016Governance
Coordination Manual
CITY OF MOSES LAl<E
Resolution No. 3597
A Comprehensive Collection of Information about Moses Lake City Government, Meeting Rules, Coordination Procedures, Administrative and Public Hearing Procedures, Best Practices and Applicable Reference§ from the Revised Code of Washington.
To the Moses Lake City Council:
The City of Moses Lake uses general rules of meeting procedure (including Roberts Rules of Order) to
provide structure to Council proceedings.
The responsibilities of modern government require that we update the procedures which help the City
function effectively in the current atmosphere of complex laws, rules and regulations. Thus, this
manual reflects the City Council's 2016 review and expansion of the rules of self-government.
Overall, the Moses Lake Governance Coordination Manual represents standards for Moses Lake's
government practices in a single document. It is a comprehensive collection of meeting rules,
coordination procedures, administrative references, public outreach guidelines and public hearing
procedures. Included are relevant sections of the Revised Code of Washington that relate to the
Council/Manager form of local government. Also included are City Council's Core Beliefs, policies
that guide the City Council and Administration and encourage public participation and several related
appendices.
This manual serves as a reference as to how the City Council and Administration operate together for
effective and efficient local government.
Not surprisingly, the attorneys we rely on for legal guidance want everyone to know that these rules
should not be construed to invalidate any action oi the City Council which is otherwise in compliance
with applicable law.
It is recommended th.at the members of the City Council and. City Administration be familiar with the
contents of this manual and keep it available for reference.
Respectfully,
John M. Williams
City Manager
RECITALS:
RESOLUTION NO. 3597
A RESOLUTION OF THE CITY OF MOSES LAKE, WASHINGTON,
CREA TING THE RULES OF PROCEDURE FOR CITY COUNCIL
MEETINGS, PUBLIC HEARINGS, LEGISLATIVE PROCESS AND
GENERAL GOVERNMENT POLICIES.
1. The Moses Lake City Council desires that all Council meetings be open and responsive to
the public.
2. Such meetings should be carried out with efficiency and uniformity in the manner of Council,
staff, and public interactive participation.
3. Written rules of procedure best assure an atmosphere conducive to said efficiency and
uniformity, and that no member of the Council or public need be embarrassed or
uncomfortable in the exercise of his/her right of free expression.
RESOLVED:
1. Resolution No. 3597 hereby adopts the March 8, 2016 Council Governance Coordination
Manual.
Adopted by the City Council on March 8, 2016.
Todd Voth, Mayor
ATTEST:
W. Robert Taylor, Finance Director
RESOLUTION NO. 3602
A RESOLUTION OF THE CITY OF MOSES LAKE, WASHINGTON, AMENDING
RESOLUTION NO. 3597 CREATING THE RULES OF PROCEDURE FOR CITY COUNCIL
MEETINGS, PUBLIC HEARINGS, LEGISLATIVE PROCESS AND GENERAL
GOVERNMENT POLICIES.
RECITALS·
1. The Moses Lake City Council desires that all Council meetings be open and responsive to the public.
2. Such meetings should be carried out with efficiency and uniformity in the manner of Council, staff,
and public interactive participation.
3. Written rules of procedure best assure an atmosphere conducive to said efficiency and uniformity,
and that no member of the Council or public need be embarrassed or uncomfortable in the exercise
of his/her right of free expression.
4. Written rules of procedure best assure an atmosphere conducive to said efficiency and uniformity,
and that no member of the Planning Commission or public need be embarrassed or uncomfortable
in the exercise of his/her right of free expression.
RESOLVED:
1. This resolution hereby adopts the amended Council Governance Coordination Manual.
Adopted by the City Council on April 12, 2016.
~1 "'-~ ToddVoth,ayor
ATTEST:
r------
AR1'1ICLE J-COMMITTEES, BOARDS & :COMMISSIONS
Chapter 2.48
PLANNENG COMMISS.NON
The Moses Lake Planning Commission, whose seven members are appointed by the Mayor and confirmed
by a simple majority of the City Council, serve without compensation. Not less than five members sha11
reside within the City of Moses Lake and two members may reside outside the City of Moses Lake as long as
the non resident member actively owns and operates a business with a physical presence of a structure inside
the city limits.
RESOLUTION NO. 3605
A RESOLUTION OF THE CITY OF MOSES LAKE, WASHINGTON, AMENDING
RESOLUTION NO. 3597 CREATING THE RULES OF PROCEDURE FOR CITY COUNCIL
MEETINGS, PUBLIC HEARINGS, LEGISLATIVE PROCESS AND GENERAL
GOVERNMENT POLICIES
RECITALS:
1. The Moses Lake City Council desires that all Council meetings be open and responsive to the public.
2. Such meetings should be carried out with efficiency and uniformity in the manner of Council, staff,
and public interactive participation.
3. Written rules of procedure best assure an atmosphere conducive to said efficiency and uniformity,
and that no member of the Council or public need be embarrassed or uncomfortable in the exercise
of his/her right of free expression.
4. The Park and Recreation Commission generally shall serve in an advisory capacity to the City
Council, City Manager, and Park and Recreation Director concerning formulation of policy and plans
for development, management. and operation of the City parks and recreation program.
In addition to the general duties specified in subsection A of this section, the Park and Recration
Commission shall advise and assist the City Council, City Manger, and Parks and Recreation Director
in specific areas including but not limited to, the following:
1. Review of parks and recreation budgets
2. Promoting park and recreation programs to the community
3. Setting standards tor park maintenance
4. Setting goals for short.term and long.term future of the City park system
5. Serving as citizens' input concerning parks and recreation, generally
6. Monitoring and evaluating the park system.
5. The Lodging Tax Advisory Committee, consisting of five (5) members, shall be appointed by the City
Council. One ( 1) member shall be an elected official of the City who shall serve as chair, two (2)
members shall be representatives of businesses required to collect the lodging tax, and two (2)
members shall be persons involved in activities authorized to be funded by revenue received from
the lodging tax.
6. Article 9 Order of Business for Formal Council Meetings shall be amended by moving Council
Member Reports (summary of meetings attended as an appointed representative and on behalf of
the Council) to Council Communications.
RESOLVED:
1. This resolution hereby adopts the amended Council Governance Coordination Manual.
,/""\
Adopted by the City Council on April 26, 2016 ,,....---~ .
( 'ro~
ance Director
ARTICLE 3-COMMITTEES, BOARDS & COMMISSIONS
C!uipter 7..39
LODGING TAX ADVr.SORY COMMliTTEE
The Lodging Tax Advisory Committee, consisting of fiye (5) members, shall be appointed by the City
Council. One (1) member shall be an elected official of the City who shall serve as chair, two (2) members
shall be representatives of businesses reqmred to collect the lodging tax, and two (2) members shall be
persons involved in actiYities authorized to be funded by revenue received from the lodging tax.
The Committee shall provide a report and analysis to the City Council on the extent to which any proposal 1 will accommodate activities for tourists or increase tourism. and the extent to which any proposal will affect
the long-range stability of the special fund created for the lodging tax revenues.
Ch.apter2A~
PARK AND RgCREATION COMIV.G:SSION
The Commission generally shall serve in an advisory capacity to the City Council, City Manager, and Park
and Recreation Director concerning formulation of policy and plans for development, management, and
operation of the City parks and recreation program.
Chapteu-2.48
PLANNING COMMISSION
The Moses Lake Planning Commission, whose nine members are appointed by the Mayor and confirmed by '
a simple maJority of the City Council, serve without compensation. Not less than seven members shall
reside within the City of Moses Lake and two members may reside outside the City of Moses Lake as long as
the non resident member actively owns and operates a business with a physical presence of a structure inside
the city limits.
---····•--------,
ARTICLE 9 -ORDER OF BUSINESS FOR FORM};,.L COUNCIL MEETINGS I l l
The following repres,mts a detailed set of rules for formal Council meetings. Simplified scripts, not In conflict with these rules,
,nay be prepared for easier reference unless questions of correct procedure must be resolved fl'om tlte lttllllual
Ttte business of ail Tegtt!flr meeti~gs of the Council sha!I be tr~nsacted as fo~Jows: provided. however:
that the Mayor/Deputy Mayor may, duting a Council meeting, rearrange items on the agenda to conduct thtj
business before the Council more expeditiously.
(a)
(b)
(c)
(d)
c~u to orrle!' by the Mayor/Deputy Mayo:-.
Pledge of Allegiance.
Roll CaH. (see Section 2 for procedure to excuse an absence).
Summary Reports.
writing.
Extended reports shall be placed after New Business or submitted i9
fi Mayor's Report j
G AddHiona! Business. Members may seek a motion to add additional items of business
that are not included on the current agenda to the current agenda or a future agenda.
-;
• O.ty Manager's Report. (summary of most timely or important information only. Cit)1I:
Manager provides a complete report at end of meeting).
(e) Comments from the pubHc [Note; Permcssion Required to Adtlress the Council].
Persons other than Council and Administration may be pcnnitte-d to address the Council
upon recognition and!or introduction by the Mayor, a Councilmember or the Cit};
Manager.
Subjects not on the agenda -limit 5 minutes each. (Unless modified by the Mayor/Mayor Proj
tern)
Note: "The City Council desires to alloK• a maximum opportunity for public comment.
However, the business of the City must proceed i11 a11 order/J', timely ma1iner. At
any time the Mayor, in his/her sole discretion, may set such reasonable limits as are;
necessary to prevent disruption of other necessary business".
These rules are intended to promote an orderly system of holding a public meeting,.
to give persons opportunity to be heilrd and to create an environment in which no
individuals are embarrassed or unco1efortable bJ exercising their right of free,
speech.
--·· ---------·--·-·-·· ·---------··-··---------· ~--,
1.
2
3.
4.
5.
6.
Public commell.ts received during the public comment period shall not be allowed bJ,l
the Council if tlley relete w any matter upon which a public hearing may bti
required.
Subject$ not on tne •C&n·er.t agenda. I
The Mayor may invoke a sign-in procedure for speakers. Any member of the pubJid
may request time to address the Council after first stating their name, address, and thei
subject of their comments. The Mayor may then allow the comments subject to such
time limitations as he/she deems necessary. Following such comments, the Mayot'
may place the matter on the agenda or a future agenda, or refer the matter t~
Administration for investigation and report.
Subjects o!.l the current ngenda. Any member of the public who ·wishes to address
the Council regarding an item on the current agenda shall make such request to the
Mayor at the time when comments from the public are requested during the agenda
item discussion. The Council may hear sucil comments before or after initiai
Council discussion. As an option, the Mayor may· invoke a sign in procedure, Th~
Mayor, in consultation with the City Attorney, shall rule on the appropriateness of
public comments as the agenda item is reached and shall rule on a specific individual
or group time limit for public comment. The Mayor may change the order of speaker~
so that comment is heard in the most logical groupings. :
Out of Order Requests. Occasionally a member of the public may wish to speak od
an agenda item but cannot remain until the item is reached on the agenda. During
Open Comments from the Public, such person may request permission to speak b}~
explaining the circumstances,, The Mayor, at his/her sole discretion, shall rule on:
allov,,ing or d:sallowing the out of order request. I 1
Comments shall be made directly into the microphone. as it is necessruy for the publiq
record and for the audience to hear all proceedings. Speakers should first give name;
address and subject No comments shall be made from any other location. Anyonq
making ''out of order" comments may be subject to removal from the meetmg. 1
There will be no demonstrations during or at the conclusion of any person'~
presentation. Any disruptive behavior, as determined by the Mayor, shall be cause for
removal from the meeting room. I
Any ruling by the Mayor, relatfre to the subsections 1 and 2, above, may be overrule~
by a vote of a majority ('f members present. ,
(i) Consent Ag~nd1?!:.
The proper Council motion on the consent agenda is as follows: "i move ado;,tion of the
couseet agendn as prestmted11 , This motion shall be non-debatable and will have the effect
of moving to adopt or approve all item$ on the consent agenda.
I -··•-·-··-.,· -..... ,·--· -. _. ___ j
r ·-------···--------·------.-----. ----------
Since adoption of any item on the consent agenda implies unanimous consent, any member
of the Council shall have the right to remove any item from the consent agenda. Therefore,
prior to the vote on the motion to adopt the consent agenda, the l\-1ayor shall inquire if any
Councilmember wishes an item. to be withdrawn from the consent agenda. If such request is
made, the Mayor shall remove the item from the consent agenda and place it on the current
agenda or a future meeting.
(g) Public Hearings.
(h) Old Business.
(i) New· Business.
G) Administrative Repo.ts, City Manager's reports or tracking of an administrative nature.
(k) Cm.m~i! communications and Reports. Information regarding upcoming community events j
or matters for the good of the order.
I
(I) Announce Executive Session (as required). In accordance with the Open Meetings Act,1
ll.CW Chapter 42.30.. the CcuJicii may hold ,an executive session during a regular or special
meeting. Before convening in. execi,tive sesslon, the Mayor/Deputy Mayor shall publicly.
an11ounce the purpose for excluding the public from the meeting place and the time when
the executii•e lession shall be concluded. If the Cou,,cil wishes to adjourn or take action ai
the close of a, meeting from executive session, tit at fact will be announced. Tire annQunced
time limit for executive sessions may be extended by annoimcement of the MaJ•or/Deput.J~
Mayor made to those waiting iii tile nearest publ;c area. No final action may be taken ;,,.·
executive session.
(m)
(n)
Councilmembers mu$t keep co,;/idential all oral and written information provided durinJ,
executive sessions ta protect the best interests of the City. Confidentiality also includes
information provided to Councilmemhers outside of executive sessions when th~
information is considered exempt/tom disclosure under the Code of Ethics for lrlunicipal
Officers (RCW Chapter 42). I
Next meet?ng date. Announced by Mayor/Deputy Mayor.
I
Adjoernment. No Council meeting should be permitted to continue beyond 10:30 pm
without approval of a majority of the Councilmembers. A ne"v time limit must he established,
before extending the meeting. In the eventthat a meeting has not been closed or continued bJ'
Council; as herein specified, the items not acted on shall he deferred to the next· Cound~
meeting, unless the Council determines otherwise. 1
isAT3.230.] ··-· -
,i
1,tdjour1un2nt Dee tc Emergency or D!s:-uption. In the event of emergency, such as a fire, threatenedi
violence, or inability to maintain order. the Mayor shall declare the meeting adjourned or continued and thd,
Councilmembers shall i:mmedfate!y leave the meeting a:-ee.
Amenrlments/Suspension of Sections. Amendments of all or any part of these rules may be made b>I
resolution or temporarily suspended by motion until changed so long as not in conflict with any superior
~~-I
tEnd ofArticle 9 -Formal M~etings -Order ofBusiners
---· ---··--·--
TABLE OF CONTENTS
ARTICLE 1 -USE OF RULES ................................................................................................................................... 1
Purpose ....................................................................................................................... 1
Use ............................................................................................................................ 1
Public Use or Reliance Not Intended..................................................................................... I
ARTICLE 2 -CITY COUNCIL, THE GoVERNING BOARD ......................................................................................... 2
Election of Councilmembers . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . ... . . . . ....... .. . . . . . . . . .. . . .. .. . . . . . . . . . . . . . ..... .. . . . .. . . . . . . . ....... .. . . . . . . ....... .. .... 2
Election of Mayor/ Deputy Mayor ..... ................. ....... .......... .. .............. .......... ... . . . . ... ... . ............ .... ... .. . .... . . . . .. . . . . 2
Presiding Officer . . . . .. . . . . .. ... . . .. . . . . . . . . . .. . . . . . .. . . . . ... . . . . ......... .... .. . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . ....... .......... ... . . . . .. . .. . . ..... .. .. . .... 3
Attendance, Excused Absences, Forfeiture of Office ....................................................................................... 3
Tardiness .......................................................................................................................................................... 3
Unexcused Absences and Tardiness ................................................................................................................ 3
Filling Council Vacancies ................................ .-................................................................................................ 3
Council Representation . . . . . . .. . .. ... . . . . . . . . . . . . .. . . . . . .. ... . . . . ... . .. ... . . . . . ...... ... . .. . . . . .. . . . . . .. . .. . . . . . . . . . . . . . . ... . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE 3 -COMMITTEES, BOARDS AND COMMISSIONS ....................................................................... ;;,-b
ReseFYeEi fer I<utw:e Amendmeftt /n~t ~ :J'l.,o "2,. (-?r_o~
/f-Jl--,vyf-~,t._ Mn7 2-o/Co.
ARTICLE 4 -COUNCIL MEETINGS -TYPES OF MEETINGS ......................................................................... 6
Council Meetings -Time and Location ... . . .......... ............ ... ...... ............. ........ .. . ... . . . . ... .. . . ......... ... . . . . ... . . .... .. . . .... 6
Council Meetings -Open to the Public ........ .... .. ... ...... ......... ....... ...... .. ...... ....... ................... ...... ................... .... 6
Quorum .................................................................................................................................................. 6
Respect and Decorum ... ...... ... . .. .................... .... . . . .. . ... . . . . ... . .... ....... ..... . . ..... ...... ....... ... . . .......... .............. ... . . . ....... 6
Permission Required to Address Council . . . . ... ... . . . . . . . ......... ... . . .. . . .. ............................. .. . . . . . . . . . . . . ... . . . . . . . . . ... .. . .. . .. . 6
Forms of Address ............................................................................................................................................. 6
Seating Arrangement ... . . . . ... . . . . . . . . .. . . . . . . . . . . . . . . . . . . ......... ...... .. . . . . . . . . .. . . . .. .. . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . ... . . . . . . . . . . .. . . . ...... ... .. 6
TeleNideo Conferencing ................................................................................................................................ 6
Special Council Meetings ........ ...... ....... ... . .. .... .. ... ...... .... ....... ..... ...... ....... ...... ...... ...... ........ ...... ........ ..... ....... ..... 7
Study Sessions and Retreats Agendas .............................................................................................................. 7
Study Session and Retreat Procedures . . . . . . . . . . . . .. .. . . . . . . . . .. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... ... .. . . . . . . . . .. . . . . . ................... 8
ARTICLE 5 -CITY ADMINISTRATION ................................................................................................................. 9
Role of the City Manager ..... .. . . . . ... . . . . ... . . . . ... . . . . .. . .. . . . . .......... ... . .. ....... ....... ... . . . ............ ........ ........ ... . . . ... . . . ....... ..... 9
City Manager -Powers and Duties ...... ...... ........ ...... ... .... .. . ...... .......... .... .. ... . ....... ...... ........ ........ ..... ...... ....... ..... 9
Administrative Interference by Councilmembers .. . . . . ... ...... ... . . . . ... . . . . ... . . . . .. . . . . ... . . ... . .. . .. ..... ........ ... . . . . ... . . . ... . . . . ... . 9
Executive Secretary -Minutes -Public lnfonnation Access ........................................................................... 9
Complaints and Suggestions to Council . . .. ... . . . .... .. . . . . ..... .. ... .. . . . . . ... . . . ... . . . . .... .. .... ..... ................... ... . . . ... . ..... .. . .. . I 0
"1bree Touch Principle" ....... : ......................................................................................................................... 10
City Staff -Attendance at Meetings . . . ..... ......... .......... ..... .... .... . . . .... . ........ ... . . .. .............. .... .. .... . . . ...... ...... ...... ... 11
Presentations and Briefings . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . .. ... . . . . ... . .. . . . . . . . . . . . .. . . . . . . . . . . . . .. . .. . . . ... . . ... . . . . . . . . . . . . . 11
ARTICLE 6 -LEGISLATIVE POLICY MAKING ......................................................................................................... 12
Ordinances . . ......... ......... ........ ....... ....... ... . . . . ..... ... .... ... .... ... . . . . ... ........... .... .... .. . . ... . . . . .... . .. ... . . . . ... . .. .. ..... ... . . . . ... . . . .. 12
Councilmember Initiative ... . . . ... .. ....... .............. .. ........ .... .. .......... ....... ..... ........ .... ..... .. .... .. .......... ...... .............. .. 12
Sponsorship Encouraged . . ... . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . .. .. . . . . . . . .. . . . . ...... ........ .. . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . .. ... . . . . . . . . . . . . . . . . 12
Repeal ........................................................................................................................................................... 12
Resolutions ..................................................................................................................................................... 13
Enacted Resolution ......................................................................................................................................... 13
Enacted Motion .. . .... .... .... ... . ...... ....... ...... ..... ......... ................. ....... .... ........ ....... .... ..... ........... ..... .. ...... ....... ....... 13
Motions ........................................................................................................................................................... 13 __ J
ARTICLE 7-COUNCIL MEETING PROCEDURES-PREPARATION .......................................................... 14
Council Meeting Agendas . . ....... ... .. . ...... ....... ......... ... . . .. . . .......... .. .. ....... .. .. . ......... ....... ...... ..... .. .. .. . . .......... ......... 14
Council Packets . . . . .. . . ...... .. . . .. . . ... . . . . . .. ..... .. . . ... . ... . .. .............. ............. ....... ...... .. . . . . . . . . ...... .... . ...... ...... .... ...... ... . . ... 14
Council Study Session and Retreat Material .. ............. .. ... . . ....... .. .. . .. .. . . . .. .. .... ........ ...... .... .. . ... . .. . .. . . .. .. . . . . . .. ....... 14
Consent Agenda ... .. . . . .......... .. .. . . .. . . . . . . .. ... . . ... .. .... .. . . . .......... .. ... .... .... .......... ........... ..... ... .. .. .. ... . ... ......... ...... ... .... 14
ARTICLE 8 -RULES OF ORDER FOR COUNCIL MEETINGS .................................................................................... 15
I
Motions and Discussions ................................................................................................................................ 15
Voting .......................................................................................................................................................... 15
Reconsideration ......... .. ... ... . . ... . . . . .... . .. .. .. ... .. . . ... .. . . . . . .. ..... ....... .... .. . ..... . . ...... ... ... .. . . . . . .. . .. .. .. . ... . ...... ........... ... . . . .. . . 15
Dissents and Protests ..................................................................................................................................... 15
Audio Recordings of Meetings ... ... . ...... .... .. ... ... ... . . . ............ ........... ............. .. .. . . .. . .. .. . .... .. ....... ..... ...... ... .......... 16
Photographs, Motion Pictures or Video Tape requiring artificial illumination-Prior Permission Required 16
ARTICLE 9 -FORMAL MEETINGS-ORDER OF BUSINESS ......................................................................................... 17
Business of Regular Meeting ................................................... ~.~ ... ~ ................................. 17
Adjournment Due to Emergency or Disruption ............................ ,.,.,~ .. s .... ...1...~ .. e:?. .. '!:. ............................... 19
Amendments/Suspens1onofSections ....................................... l..(!.'i-:'!::r.::t .... ~ .... 1'27 ... .'Z.,= ................ 19
ARTICLE 10 -PUBLIC HEARING PROCEDURES ............................................................................................. 20
Procedure on Application . . . . . .. .. .. .... . . .. .. .. .. . . . . . .. .. . . . . . . ......... .. . . ....... ... ... .... .. . . .......... .. . ...... ....... ...... ... ...... .. ... ... ... 20
Procedures for the Public Hearing .. ...... .. . ... . ...... ....... .... . .... . . ....... .. . ... ... .. . . . .... . . .. .... . .. ..... . . .. . . . .... ....... ... . ... .. . ...... 20
Public Hearing -Proponents and Opponents ................................................................................................. 23
ARTICLE 10-A -LAND USE AND THE APPEARNESS OF FAIRNESS ........................................................... 25
p
Appearance of Fairness Doctrine .................................................................................................................... 25
Types of Hearings to Which the Doctrine Applies ......................................................................................... 25
Obligations of Councilmembers -Procedures .............................................................................................. 25
Specific Statutory Provisions .......................................................................................................................... 26
Ex Parte Communications ............................................................................................................................... 26
Public Disclosure File ..................................................................................................................................... 26
Exhibits and attachments:
Exhibit A-1 Parliamentary Procedure at a Glance .......................................................................................... 27
Exhibit A-2 Legislative Process Flow Chart ..................................................................................................... 28
Exhibit A-3 Task Force/Town Hall Meetings General Model ......................................................................... 29
Exhibit A-4 Task Force/ Town Hall Meetings General Model Chart ............................................................ 31
Exhibit A-5 Multi-Agency Coordination Task Force Model ........................................................................... 32
Exhibit A-6 Citizen's Task Force General Model Chart ................................................................................. 33
Exhibit A-7 RCW 35A, Council / Manager Form of Government .................................................................. 34
L
ARTICLE 1 -USE OF RULES
Purpose. These Rules of Procedure ar.e designed to provide guidance for the City Council and City
Administration. They are not to be considered restrictions or expansions of the City Council's or City
Manager's statutory authority. These rules have been prepared from review of many statutes, ordinances,
court cases and "best practices". To promote a harmony of interrelated functions involving the Legislative
and Executive branches of city government operations, rules contained herein describe procedures where
both branches are in complete agreement but they are not intended to be an amendment or substitute for
those statutes, ordinances, court decisions or other authority.
Use. No action taken by a Councilmember or by the Council which is not in compliance with these rules,
but which is otherwise lawful, shall invalidate such Councilmember's or Council's action or be deemed a
violation of oath of office, misfeasance or malfeasance. No authority other than the City Council or City
Manager may enforce these rules or rely on these rules
Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council and
Administration and not to provide substantive rules affecting constituents, it is expressly stated that these
rules do not constitute land use regulations binding upon or to be used by or relied upon by members of the
public. These rules do not amend statutory or other regulatory (such as ordinance) requirements.
End of Article 1 -Use of Rules
_J
ARTICLE 2 -CITY COUNCIL, THE GOVERNING BOARD 7
The City of Moses Lake is a Non-Charter Optional Municipal Code City, Operating under Title 35A of the
Revised Code of Washington under the Council/Manager form of government The following subchapters
are the authority for the City Council to regulate itself.
Election of Council.members--Eligibility-Terms--Vacancies--Forfeiture of Office-Council Chair
RCW 35A.13.020: "In council-manager code cities, eligibility for election to the council, the manner of
electing councilmen, the numbering of council positions, the terms of councilmen, the occurrence and the
filling of vacancies, the grounds for forfeiture of office, and appointment of a mayor pro tempore or deputy
mayor or councilman pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030,
35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a code city organized under
the mayor-council plan, except that in council-manager cities where all council positions are at-large
positions, the city council may, pursuant to RCW 35A.13.033, provide that the person elected to council
position one shall be the council chairman and shall carry out the duties prescribed by RCW 35A.13.030".
Council meetings -Quorum -Rules -Voting.
RCW 35A.13.170: "All provisions of RCW 35A, as now or hereafter amended, and relating to council
meetings, a quorum for transaction of business, rules and voting at council meetings, shall be applicable to
code cities organized wider this council-manager plan".
Mayor/Deputy Mayor. Election of Officers.
The Moses Lake City Council has determined the procedures for electing officers are as follows:
{a) RCW 35A.13.030 states as follows: "Biennially at the first meeting of the new council the members
thereof shall choose a chair from among their number unless the chair is elected pursuant to RCW
35A.13.033. The chair of the Council shall have the title of Mayor and shall preside at meetings of
the Council."
(b) RCW 35A.13.035.states as follows: "Biennially at the first meeting of a new council, or periodically,
the members thereof, by majority vote, may designate one of their number as mayor pro tempore or
deputy mayor for such period as the council may specify, to serve in the absence or temporary
disability of the mayor; ... "
(c) Moses Lake Municipal Code 2.08.025 states as follows: "Election of Mayor and Deputy Mayor:
Biennially, at the first meeting of the new City Council, in even numbered years, the City Council
members shall choose a chairman and vice-chairman of the City Council from among their number.
The chairman shall have the title of Mayor and the vice-chairman shall have the title of Deputy
Mayor."
(d) Each member of the City Council shall be permitted to nominate one (1) person who has previously
served for a minimum of two years on the council, and nominations shall not require a second. A
nominee who wishes to decline the nomination shall so state at this time. Nominations are then
closed.
(e) The election for Mayor Pro Tempore shall be conducted by the newly-elected Mayor, and
nominations shall be made in the manner previous described for the election of the Mayor.
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Candidates for Mayor Pro Tempore shall have previously served on the Council for a minimum of
one year.
Presiding Officer. The Mayor shall preside at meetings of the Council and be recognized as the head of the
City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties. In
case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the
continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor,
an acting Mayor Pro Tempore selected by members of the Council shall act as Mayor during the continuance
of the absences. The Mayor, Deputy Mayor (in the Mayor's absence) or Mayor Pro Tem, are referred to as
"Presiding Officer" from time-to-time in these Rules of Procedure.
Attendance, Excused Absences, Forfeiture of Office. RCW 35A.12.060 (referenced through RCW
35A.13.020) provides that a Councilmember may forfeit his/her office by failing to attend three consecutive
regular meetings without being excused by the Council. Members of the Council may be so excused by
complying with this section. The member shall contact the Mayor prior to the meeting and state the reason
for his/her inability to attend the meeting. If the member is unable to contact the Mayor, the member shall
contact the City Manager or Executive Secretary, who shall convey the message to the Mayor. Following
roll call, the Mayor shall inform the Council of the member's absence, state the reason for such absence, and
inquire if there is a motion to excuse the member. This motion shall be non-debatable. Upon passage of
such motion by a majority of members present, the absent member shall be considered excused and the
Executive Secretaru will make an appropriate notation in the minutes.
Tardiness. The member shall contact the Mayor prior to the meeting and state the reason for his/her
tardiness to the meeting. If the member is unable to contact the Mayor, the member shall contact the City
Manager or Executive Secretary, who shall convey the message to the Mayor. Following roll call, the Mayor
shall inform the Council of the member's tardiness, state the reason for such tardiness, and inquire if there is
a motion to excuse the member. This motion shall be non-debatable. Upon passage of such motion by a
majority of members present, the tardy member shall be considered excused and the Executive Secretary will
make an appropriate notation in the minutes.
Unexcused Absences and Tardiness R£-Consideration. If a Councilmember has an unexcused absence due
to an extraordinary circumstance which precluded the Councilmember from the notification procedures as
described within this article, at the next meeting that the Councilmember attends, the Councilmember may
request that the Council reconsider their previous motion. The Councilmember must ask for reconsideration
prior to the conclusion of the next meeting that they attend and state the reason for his or her absence or
tardiness. The Council would then have the opportunity to rescind the original motion and the motion shall
be debatable. Examples of extraordinary circumstances would be: emergencies or illness, accident,
unforeseen urgent business, etc.
Filling Council Vacancies. If a vacancy occurs on the City Council, the Council will follow the procedures
outlined in RCW 35A.13.020. In order to fill the vacancy with the most qualified person available until an
election is held, the Council will publish a notice of the vacancy, the procedure, and distribute the application
form for applying. The Council will draw up an application which contains relevant information, including
questions posed by the Council. The application forms will be used in conjunction with an interview of each
candidate to aid the Council's selection of the new Councilmember.
3
Council Representation. All council members shall represent the City and their positions in an appropriate
manner. That includes social media, photos, dress and language. If the council member appears on behalf of
the City before another governmental agency, another organization, through the media or otherwise speaks to
an issue on which the council has taken a position, the council member will state the majority position of the
Council, if known, on such issue. Personal opinions and comments which differ from the council majority
may be expressed if the council member clearly states that these statements do not represent the Councirs
position. Any correspondence with the media shall be communicated to all members of the council and the
City Manager. Any official meetings with City employees must be arranged in advanced through the City
Manager. The City Manager shall be informed by the City employee and the City Council member as to the
content of the meeting. Communication with non-elected public sector officials shall be communicated
through the City Manager and the Council informed.
End of Article 2 -City Council, The Governing Board
4
ARTICLE 3 -COMMITTEES, BOARDS & COMMISSIONS
RESERVED FOR FUTURE AMENDMENT
5
ARTICLE 4 -COUNCIL MEETINGS AND TYPES OF MEETINGS 7
Council Meeting -Time and Location Regular meetings of the Council shall be held on the second and
fourth Tuesday of each month at 7 p.m. in the Council Chambers on the first floor of City Hall at 401 S
Balsam, Moses Lake, WA 98837, unless cancelled or postponed in accordance with applicable State or local
procedures. Study sessions are held on the second and fourth Tuesday at 6 P .M. When legal holidays fall on
a Tuesday, Council meetings and Study Sessions are held on the next business day. Agendas for Tuesday
meetings are distributed on or before the close of business the preceding Friday. Special meetings may be
held following appropriately posting public notice (24 hour minimum) of time, place and the business to be
transacted. [RCW 42.30.080]
Council Meetings -Open to the Public All meetings of the City Council and of committees thereof shall
be open to the public, except as provided for in RCW 42.30.110 or RCW 42.30.140.
Quorum At all meetings of the Council, a majority of the Councilmembers who hold office shall constitute
a quorum for the transaction of business. A lesser number may adjourn from time-to-time, provided that
written notice of said adjournment be posted on the exterior Council Chamber doors per RCW 42.30.090.
Council meetings adjourned under the previous provision shall be considered regular meetings for all
purposes. (RCW 35A.13.170,)
Respect and Decorum It is the duty of the Mayor and Council to maintain dignity and respect for their
offices, City staff and the public. While the Council is in session, the Mayor shall preserve order and
decorum and no member of the public shall, by conversation or otherwise, delay or interrupt the proceedings
of the Council, nor disrupt or disparage any member while speaking. Council and the public shall obey the
proper orders of the Mayor.
Any person making disruptive, disparaging or impertinent remarks or unreasonably interrupting the business
of the Council, either while addressing the Council or attending the proceedings, shall be asked to leave or be
removed from the meeting. Continued disruptions may result in a recess, forced removal or adjournment as
set forth in Article 9 of this resolution.
Permission Required to Address the Council Persons other than Council and Administration may be
permitted to address the Council at the proper time upon recognition and/or introduction by the Mayor. A
Councilmember or the City Manager may request the Mayor to recognize other citizens that would like to
speak.
Forms of Address The Mayor shall be addressed as "Mayor (surname)" or "Your Honor". The Deputy
Mayor shall be addressed as "Deputy Mayor (surname)". Members of the Council shall be addressed as
"Councilmember (surname)".
Seating Arrangement Councilmembers shall occupy the respective seats in the Council Chamber assigned
to them by the Mayor.
TeleNideo Conferencing (Attendance by remote technology)
(a) Tele/video conferencing is not permitted.
6
Other Types of Meetings Special, Study Sessions and Retreats
Special Council Meetings (RCW 42.30.080)
(a) A special meeting may be called by the Mayor or four members of the Council. One of the
Councilmembers that has requested the special meeting will notify the Executive Secretary of
time, place, business to be transacted and the names of the four members requesting the
meeting. The Executive Secretary shall verify the members of the Council requesting a
meeting by calling and/or emailing each Councilmember to confirm that they have requested
the meeting.
(b) Notice of the special meeting shall be prepared in writing by the Executive Secretary. The
notice shall contain the following information about the meeting: time, place, and business to
be transacted. Final action shall not be taken on any other matter at such special meeting of
the Council. The notice form shall be approved by the City Attorney.
(c) The notice shall be delivered by regular or electronic mail or personally to the residence of
each Councilmember, City administrative staff, the Moses Lake Civic Center, the City of
Moses Lake website, the Moses Lake and business office of each local newspaper, radio and
television station which has on file a written request for notice of special meetings. The notice
must be delivered at least twenty-four (24) hours prior to the meeting.
( d) The notices provided in this section may be dispensed within the circumstances provided by
RCW 42.30.080, that is: (1) As to any member who, at or prior to the time the meeting
convenes, files with the Executive Secretary a written waiver of notice, (2) As to any member
who was actually present at the meeting at the time it convenes, and (3) In the event a special
meeting is called to deal with an emergency involving injury or damage to persons or property
or the likelihood of such injury or damage, when time requirements of such notice would
make notice impractical and increase the likelihood of such injury or damage; (4) As
otherwise provided by law.
Study Sessions and Retreats
(a)
(b)
(c)
Study Sessions and Retreats need have no formal agenda, except for any portion of the
meeting that is a Special Meeting as required under RCW 42.30.080. The pwpose of Study
Session and Retreat discussions is to allow Councilmembers to be made aware of impending
business and allow informal discussion of issues that might be acted on at a future meeting. A
Study Session or Retreat allows for the Council to do concentrated preliminary work with
administration or the public on a single or multiple subject (i.e., budget, complex legislation
or reports, etc.). Study Sessions and Retreats shall not be audio recorded unless a portion of
the meeting is formalized as a Special Meeting.. In such case, the Special Meeting shall be
recorded and the recording shall cease when the Special Meeting has been adjourned.
Study Sessions and Retreats shall be in a less formal setting, but shall not discourage public
observation. Public comment is not normally allowed at Study Sessions or Retreats, although
the Council may allow or request participation in the same manner as a regular Council
meeting.
The City Manager shall arrange the Council Study Session topic(s) for discussion. After the
Mayor has approved the Study Session topic(s), a notice, listing the topic(s) of discussion,
shall be prepared for the Council, City administrative staff, the Moses Lake Civic Center, the
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City of Moses Lake website, and the press on or before close of business the Friday before a
Tuesday Council Study Session.
A notice of quorum for the purpose of a Council Retreat shall be posted for City Council
Retreats.
Study Session and Retreat Procedures During a Council Study Session or Retreat, the
Discussion Leader should:
(a) Introduce the subject and give background information;
(b) Identify the discussion goal;
( c) Act as facilitator to keep the discussion focused toward the goal; and
( d) Alert the Mayor when, or if, it is appropriate to call for consensus or a motion.
The Presiding Officer shall retain the option of assuming the function of the discussion leader at any
time in order to keep the discussion properly focused. The Executive Secretary shall keep notes of
the discussion subjects with special attention to Council consensus or administrative direction which
may need more formal action or attention at a later time. (i.e., agenda, future budget changes etc.)
End of Article 4 -Council Meetings and Types of Meetings
8
ARTICLE 5 -CITY ADMINISTRATION
Role of the City Manager. The City Manager is the Chief Executive Officer of the City of Moses Lake.
The Manager is appointed by and directly accountable to the City Council for the execution of the City
Council's policy directives, and for the administration and management of all City departments. The powers
and duties of the City Manager are defined by Washington law, RCW 35A.13.080. Such duties may be
expanded by ordinance or resolution. Balanced with City Manager's accountability to the City Council for
policy implementation is the need for the Council to allow the City Manager to perform legally defined
duties and responsibilities without interference by the City Council in the day-to-day management decisions
of the City Manager.
City Manager-Powers and duties. (RCW JSA.13.080)
"The powers and duties of the City Manager shall be:
(I) To have general supervision over the administrative affairs of the code city;
(2) To appoint and remove at any time all department heads, officers, and employees of the code city,
except members of the council, and subject to the provisions of any applicable law, rule, or
regulation relating to civil service: PROVIDED, That the council may provide for the
appointment by the mayor, subject to confirmation by the council, of a city planning commission,
and other advisory citizens' committees, commissions, and boards advisory to the city council:
The council may cause an audit to be made of any department or office of the code city
government and may select the persons to make it, without the advice or consent of the City
Manager;
(3) To attend all meetings of the council at which his attendance may be required by that body;
( 4) To see that all laws and ordinances are faithfully executed, subject to the authority which the
council may grant the mayor to maintain law and order in times of emergency;
(5) To recommend for adoption by the council such measures as he may deem necessary or
expedient;
(6) To prepare and submit to the council such reports as may be required by that body or as he may
deem it advisable to submit;
(7) To keep the council fully advised of the financial condition of the code city and its future needs;
(8) To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter
35A.33 RCW, and to be responsible for its administration upon adoption;
(9) To perform such other duties as the council may determine by ordinance or resolution."
(RCW 35A.13.080)
Administrative Interference by Cou.ncilmembers. (RCW 35A.13.120) "Neither the Council nor any of
its committees or members shall direct or request the appointment of any person to, or his/her removal from,
any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council
and its members shall deal with the administrative branch solely through the City Manager and neither the
Council nor any committee or member thereof shall give any orders to any subordinate of the City Manager,
either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the
Council, while in open session, from fully and freely discussing with the City Manager anything pertaining
to appointments and removals of City officers and employees and City affairs." (RCW35A.13.120).
Executive Secretary -Minutes -Public Information Access. The Executive Secretary is an appointed
member of the Executive Department under direction of the City Manager. The Executive Secretary is the
keeper of the public record. He/she shall be ex-officio Clerk-of-the-Council and shall keep minutes af
required by law, and shall perform such other duties in the meeting as may be required by the Council,
Presiding Officer, or City Manager. In the absence of the Executive Secretary, the City Manager shall
9
appoint a replacement to act as Clerk-of-the-Council. Generally in accordance with Robert's Rules of Orde-:-1
the minutes shall mainly record the action taken by the Council and not what is said by the members, unless
such information explains a member's vote or the member states that he/she would like something on the
record.
The Clerk-of-the-Council shall keep minutes which identify the general discussion of the issue and complete
detail of the official action or consensus reached, if any. The Executive Secretary shall make audio
recordings of all public hearings, regular and special Council meetings, all land use and quasi-judicial
proceedings. Access to the tape recordings, CD disc or digital recording shall be made reasonably available
to any party who so requests, according to City public information procedures and State retention schedules.
Complaints and Suggestions to Council. When citizen complaints or suggestions are brought before a City
Council meeting, not on the agenda, the Presiding Officer shall, in consultation with the City Manager, first
determine whether the issue is legislative or administrative in nature and then:
( a) If legislative, and a complaint is about the language or intent of legislative acts or suggestions
for changes to such acts, and if the Council finds such complaint suggests a change to an
ordinance or resolution of the City, the Presiding Officer may refer the matter to a committee,
administration, or the Council-of-the-Whole for study and recommendation.
(b) If administrative, and a complaint regards administrative staff perfonnance, execution of
legislative policy or administrative policy within the authority of the City Manager, the
Presiding Officer should then refer the complaint directly to the City Manager for review, if
said complaint has not been so reviewed. The City Council may direct that the City Manager
brief the Council when the City Manager's response is made.
The "Three Touch Principle". Decision makers and citizens at all levels of the City should have adequate
time to thoughtfully consider the issues prior to final decisions. It is the intent of the Council that the
Council and Administration shall abide by, the "three touch principle" whenever possible. The
following procedural guidelines are designed to avoid "surprises" to the City Council, citizens and
Administrative personnel.
• Any request or proposal for adopting or changing public policy, ordinances, resolutions or
City Council directives which will require a decision of the City Council, or Administration
should ''touch" ( oral, written or any combination thereof) the decision makers three separate
times. Quasi-judicial matters and any subject discussed in executive sessions are excluded
from application of the "Three Touch Principle."
It is recognized that the hands of decision makers should not be tied unnecessarily.
Unexpected circumstances may arise wherein observance of the "Three Touch Principle" is
impractical. However, when unusual circumstances arise which justify a ''first discussion"
decision, the persons requesting the expedited decision should also explain the timing
circumstances. This Principle excludes staff reports and other general communications not
requiring a Council decision.
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City Staff -Attendance at Meetings. Attendance at meetings by City staff shall be at the discretion of the
City Manager. It is the intent of the Council that the Manager schedule adequate administrative support for
the business at hand but also to protect the productive capability of Department Heads. When sound system
or other monitoring capabilities exist, the City Manager may allow personnel to utilize time in their offices
or other areas while waiting for the item of business for which appearance before the Council is required.
Presentations xnd Briefmgs. Administrative presentations: In order to enhance public understanding of
complex issues being presented, City Administration is encouraged to include the use of visual
communication tools whenever possible, such as;
•
•
•
•
Overhead projection summaries or PowerPoint bullet points.
Flow charts or box diagrams to illustrate complex organizations, sequences or systems .
Bullet point or summary handouts for the public and the press, when appropriate .
Slide projector or video-cam clips to show actual situations or settings.
Large maps to help pinpoint specific locations or parcels .
Use of color to highlight important elements .
White board for illustration.
The presenter should layout the room or display so as to allow the public to follow and
understand the issues.
End of Article 5 -City Administration
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ARTICLE 6 -LEGISLATIVE POLICY MAKING
Definitions and Process.
Ordinances and Resolutions will customarily be prepared, introduced
and proceed in the nianner described on the flow chart attached hereto as Exhibit "A-2".
Ordinances
An ordinance once enacted is a local law (legislative act) prescribing general rules of conduct.
Council action shall be taken by ordinance when required by law, or where prescribed conduct may
be enforced by penalty. An ordinance is a legislative act within its sphere as much as an act of the
State Legislature. The general guiding principle is that ["actions relating to subjects of a permanent
and general character are usually regarded as legislative and those providing for subjects of a
temporary and special character are regarded as administrative"] (Durocher v. King County, 80
Wn.2d 139, 153, 492P2d 547(1972).) Ordinances maybe proposed as a draft by any member of the
Council, the Council of the Whole or the City Manager in consultation with the City Attorney.
Ordinances may be requested by citizens as shown on the Legislative Flow Chart attached as Exhibit
"A-2".
Ordinances. The procedures for ordinances are as follows:
Councilmember initiative; A Councilmember may, in open session, request of the Mayor/Deputy
Mayor that the Council study the wisdom of enacting an ordinance. The Mayor/Deputy Mayor then
may assign the proposed ordinance to the Administration, an advisory committee or the "Council of
the whole" for consideration. The committee or Administration shall report its findings to the
Council. The City Manager and the City Attorney may propose the drafting of ordinances and
resolutions. Citizens, boards and commissions may also propose consideration of ordinances and
resolutions. (see Legislative Flow Chart, Exhibit "A-2").
Sponsorship encouraged; When a Councilmember wishes to assume sponsorship or advocacy of an
ordinance or resolution, he/she should so announce, make the initial motion, provide an introduction
and advocate the measure before the Council.
Repeal; Any ordinance repealing any portion of the Moses Lake Municipal Code shall also repeal
the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall
not apply to acts, incidents, transactions or decisions occurring before such repeal.
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Resolutions
A resolution once enacted is an administrative act which is less formal than an ordinance and is a
statement of legislative policy or direction concerning matters of special or temporary character.
Council action shall be taken by resolution when required by law and in those instances where an
expression of legislative policy more formal than a motion is desired.
Motions
A motion once enacted is a form of action taken by the Council to direct that a specific course of
action be taken or executed on behalf of the municipality. A motion, once approved and entered into
the record, is the administrative equivalent of a resolution in those instances where a resolution is not 1
required by law, and where such motion is not in conflict with existing State or Federal statutes, City
ordinances or resolutions.
City Administration cannot act unless there is a majority vote by Council on an issue to direct staff to
proceed on research, study, act or address an issue raised by an individual Councilmember. This does
not preclude a Councilmember from contacting the City Manager about issues that any other citizen
may raise. Motions to direct shall be as provided for in Article 6.
Draft Proposals in process; Prior to final passage of all ordinances, resolutions or motions, such
documents or proposals shall be designated as DRAFTS and shall contain the date of revision and
the name of the author. Proposed ordinances and resolutions shall be accompanied by a "bullet"
summary for possible later publication.
(a) PROPOSED DRA.FfS shall contain the date, name of the group or individual originating or
sponsoring the proposal, prior to the first presentation to the City Council.
(b) COUNCIL DRAFTS shall be documents or proposals which have been presented in open
public session and continued by the City Council for further consideration or revision.
End of Article 6 -Legislative Policy Making
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ARTICLE 7 -PREPRATION PROCEDURES FOR COUNCIL MEETINGS
Council Meeting Agenda.
The Executive Secretary, under the direction of the City Manager in consultation with the Presiding
Officer, shall arrange a list of proposed matters according to the order of business and prepare an
agenda for the Council meeting. Individual Councihnembers may make agenda requests directly to
the Council. Council shall vote on whether to introduce the item on the agenda or for a subsequent
Council meeting. A copy of the final agenda shall be transmitted to the required posting locations
and the media who have filed a notification request, on or before close of business on a Friday
preceding regular Council meeting, or at the close of business at least twenty four (24) hours
preceding a special Council meeting. Any revised agenda thereafter distributed shall contain the date,
time and author of the revision. Distribution of the agenda to Councilmembers, City Attorney and
the City Manager shall include all supporting materials.
Requests for multi-media presentations to be scheduled on the formal agenda imply that the
presentation is the official business of the City. Presentation of multi-media shall be prescreened by
the Presiding Officer or designee who shall rule on the appropriateness of the presentation.
Council Packets. Final Council packets will be distributed on or before the close of business on a Friday
preceding a Tuesday meeting.
Council Study Session and Retreat Material. Councilmembers and affected staff should read the agenda
material and ask clarification questions prior to the Council meeting, when possible.
The Presiding Officer, three (3) Councilmembers, a majority of the Councilmembers present, or the
City Manager may introduce a new item to the agenda at a meeting.
Consent Agenda
The City Manager, in consultation with the Presiding Officer, may place matters on the consent
agenda which:
(1) have been previously discussed by the Council; or
(2) based on the information delivered to members of the Council by Administration can be reviewed
by a Councilmember without further explanation;
(3) are so routine, technical or "housekeeping" in nature that passage without discussion is likely; or
( 4) otherwise deemed in the best interest of the City.
End of Article 7 -Council Meeting Procedures -Preparation
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ARTICLE 8 -RULES OF ORDER FOR COUNCIL MEETINGS
Rules of order not specified by statute, ordinance or this resolution shall be governed by the chart of the most
common "Roberts Rules of Order" questions. Attached as "A-1".
Motions and Discussion.
(a) Affirmative motions are preferred to prevent "approval by default" of a failed negative
motion.
(b) Council should direct administrative questions primarily to the City Manager.
Voting. The votes during all meetings of the Council shall be transacted as follows:
(a) Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by
voice, except that at the request of any Councilmember, a roll call vote shall be taken and
recorded by the Executive Secretary. The order of the roll call vote shall be determined by
the Executive Secretary.
(b) In case of a tie vote on any proposal, the motion shall be considered to have failed.
(c) Every member who was in the Council chambers when the question was put, shall give
his/her vote unless the Council, for special reasons, shall excuse the member by motion. If
any Councilmember refuses to vote "aye" or "nay", their vote shall be counted as a "nay" vote
unless the Councilmember is abstaining due to actual, or appearance of, conflict of interest.
Reconsideration. Any action of the Council, including final action on applications for legislative changes in
land use status, shall be subject to a motion to reconsider except for:
(a) Any action previously reconsidered,
(b) Motions to adjourn or motions to suspend the rules,
(c) An affirmative vote to lay an item on, or take an item from, the table,
(d) Or a vote electing to office one who is present and does not decline.
Such motion for reconsideration can only be made by a member of the prevailing side on the original
action. A motion to reconsider must be made no later than the next succeeding regular Council
meeting. A motion to reconsider is debatable only if the action being reconsidered is debatable.
Upon passage of a motion to reconsider, the subject matter is returned to the table anew at the next
regular Council meeting for any action the Council deems advisable. Any motion for reconsideration
of a matter which was the subject of a required public hearing or which is a quasi-judicial matter may
not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying
have been given at least five (5) business days advance notice of such discussion and/or action.
Dissents and Protests. Any Councilmember shall have the right to express dissent from or protest, orally or
in writing, against any motion, ordinance or resolution of the Council and have the reason therefore entered
or retained in the minutes.
15 J
Audio Recordings of Meetings. All regular meetings, public hearings and quasi-judicial proceedings of the
City Council shall be recorded by the Executive Secretary on an audio recording device. Workshops or
study sessions are mostly comprised of process or administrative project discussion with no formal action
intended. Therefore, retreats, workshops or study sessions shall not be recorded except as set forth in"
Special Council Meetings -Study Sessions -Section "A", unless the Council so elects upon advice of the
City Manager, City Attorney, or City Clerk.
Photographs or multi-media recording -Prior Pennission Required. No overhead projection,
photographs, motion pictures, or other multi-media recording devices shall be used by the public at City
Council meetings without the prior consent of the Mayor/Deputy Mayor or the City Manager.
End of Article 8 -Rules of Order for Commission Meetings
16
ARTICLE 9 -ORDER OF BUSINESS FOR FORMAL COUNCIL MEETINGS
The following represents a detailed set of rules for formal Council meetings. Simplified scripts, not in conflict with these rules,
may be prepared for easier reference unless questions of correct procedure ml!,st be resolved from the manual
The business of all regular meetings of the Council shall be transacted as follows: provided, however,
that the Mayor/Deputy Mayor may, during a Council meeting, rearrange items on the agenda to conduct the
business before the Council more expeditiously.
(a) Call to order by the Mayor/Deputy Mayor.
(b) Pledge of Allegiance.
(c) Roll Call. (see Section 2 for procedure to excuse an absence).
(d) Summary Reports. Extended reports shall be placed after New Business or submitted in
writing.
• Cou.ncilmem.ber Reports. ummary of mee~ attended as an appointed
representative and on alf of the Council) / ~ ?& 0 ~ rn c."'Y'e..-S 1-o
• Mayor's Report. ( )L)
e Additional Business. Members may seek a motion to add additional items of business
that are not included on the current agenda to the current agenda or a future agenda.
• City Manager's Report. (summary of most timely or important information only. City
Manager provides a complete report at end of meeting).
(e) Comments from the public [Note; Permission Required to Address the Council). Persons
other than Council and Administration may be permitted to address the Council upon
recognition and/or introduction by the Mayor, a Councilmember or the City Manager.
Subjects not on the agenda -limit 5 minutes each. (Unless modified by the Mayor/Mayor Pro-
tem.)
Note: "The City Council desires to allow a maximum opportunity for public comment.
However, the business of the City must proceed in an orderly, timely manner. At
any time the Mayor, in his/her sole discretion, may set such reasonable limits as are
necessary to prevent disruption of other necessary business".
These rules are intended to promate an orderly system of holding a public meeting,
to give persons opportunity to be heard and to create an environment in which no
individuals are embarrassed or uncomfortable by exercising their right of free
speech.
Public comments received during the public comment period shall not be allowed by
the Council if they relate to any matter upon which a public hearing may be
required.
1. Subjects not on the current agenda. The Mayor may invoke a sign-in procedure for
speakers. Any member of the public may request time to address the Council after
first stating their name, address, and the subject of their comments. The Mayor may
then allow the comments subject to such time limitations as he/she deems necessary.
17
Following such comments, the Mayor may place the matter on the agenda or a future
agenda, or refer the matter to Administration for investigation and report.
• Subjects on the current agenda. Any member of the public who wishes to address
the Council regarding an item on the current agenda shall make such request to the
Mayor at the time when comments from the public are requested during the agenda
item discussion. The Council may hear such comments before or after initial
Council discussion. As an option, the Mayor may invoke a sign in procedure. The
Mayor, in consultation with the City Attorney, shall rule on the appropriateness of
public comments as the agenda item is reached and shall rule on a specific individual
or group time limit for public comment. The Mayor may change the order of speakers
so that comment is heard in the most logical groupings.
3. Out of Order Requests. Occasionally a member of the public may wish to speak on
an agenda item but cannot remain until the item is reached on the agenda. During
Open Comments from the Public, such person may request pennission to speak by
explaining the circumstances. The Mayor, at his/her sole discretion, shall rule on
allowing or disallowing the out of order request.
4. Comments shall be made directly into the microphone, as it is necessary for the public
record and for the audience to hear all proceedings. Speakers should first give name,
address and subject. No comments shall be made from any other location. Anyone
making "out of order" comments may be subject to removal from the meeting.
5. There will be no demonstrations during or at the conclusion of any person's
presentation. Any disruptive behavior, as determined by the Mayor, shall be cause for
removal from the meeting room.
6. Any ruling by the Mayor, relative to the subsections 1 and 2, above, may be overruled
by a vote of a majority of members present
(f) Consent Agenda.
The proper Council motion on the consent agenda is as follows: "I move adoption of the
consent agenda as presented". This motion shall be non-debatable and will have the effect
of moving to adopt or approve all items on the consent agenda.
Since adoption of any item on the consent agenda implies unanimous consent, any member
of the Council shall have the right to remove any item from the consent agenda. Therefore,
prior to the vote on the motion to adopt the consent agenda, the Mayor shall inquire if any
Councilmember wishes an item to be withdrawn from the consent agenda. If such request is
made, the Mayor shall remove the item from the consent agenda and place it on the current
agenda or a future meeting.
(g) Public Hearings.
(h) Old Business.
18
(i)
(j)
(k)
(I)
New Business.
Administrative Reports. City Manager's reports or tracking of an administrative nature.
Council communications. Information regarding upcoming community events or matters for
the good of the order. rs (_ J.) /tH' r ku !( q
Announce Executive Session (as required). In accordance with the Open Meetings Act,
RCW Chapter 42.30, the Council may hold an executive session during a regular or special
meeting. Before convening in executive session, the Mayor/Deputy Mayor shall publicly
announce the purpose for excluding the public from the meeting place and the time when
the executive session shall be concluded. If the Council wishes to adjourn or take action at
the close of a meeting from executive session, that fact will be announced. The announced
time limit for executive sessions may be extended by announcement of the Mayor/Deputy
Mayor made to those waiting in the nearest public area. No final action may be taken in
executive session.
Counciimembers must keep confidential all oral and written information provided during
executive sessions to protect the best interests of the City. Confidentiality also includes
information provided to Councilmembers outside of executive sessions when the
information is considered exempt from disclosure under the Code of Ethics for Municipal
Officers (RCW Chapter 42).
(m) Next meeting date. Announced by Mayor/Deputy Mayor.
(n) Adjournment. No Council meeting should be permitted to continue beyond 10:30 pm
without approval of a majority of the Councilmembers. A new time limit must be established
before extending the meeting. In the event that a meeting has not been closed or continued by
Council; as herein specified, the items not acted on shall be deferred to the next Council
meeting, unless the Council determines otherwise.
Adjournment Due to Emergency or Disruption. In the event of emergency, such as a fire, threatened
violence, or inability to maintain order, the Mayor shall declare the meeting adjourned or continued and the
Councilmembers shall immediately leave the meeting area.
Amendments/Suspension of Sections. Amendments of all or any part of these rules may be made by
resolution or temporarily suspended by motion until changed so long as not in conflict with any superior
statute.
End of Article 9 -Formal Meetings -Order of Business
19
ARTICLE 10 -PUBLIC HEARING PROCEDURES
Procedure on Application,
Any person making application for any action leading to a quasi-judicial hearing before the
Planning Commission and City Council shall be provided with a document containing the
following information: (1) the names and address of all members of the City Council, and the
Planning Commission, (2) a statement that public disclosure information is available for
public inspection regarding all such Councilmembers, and (3) a statement that if the applicant
intends to raise any appearance of fairness issue, the applicant should do so at least two (2)
weeks prior to any public hearing, if the grounds for such issue are then known and in all
cases, no later than before the opening of the public hearing. The applicant shall sign a
receipt for such document.
Procedures for the Public Hearing.
(a) Prior to the start of the public hearing, the Presiding Officer may require that all persons
wishing to be heard shall sign in with the Executive Secretary, giving their names and
addresses, the agenda item, and whether they wish to speak as proponent, opponent, or
otherwise. Any person who fails to sign in shall not be permitted to speak until all those who
signed in have done so and if time to speak is allowed by Council. At any public hearing,
persons who have signed in and wish to be heard shall be given an opportunity to be heard.
However, the Presiding Officer shall be authorized to establish speaker time limits and
otherwise control presentations to avoid repetition. In public hearings that are not of a
quasi-judicial nature, the Presiding Officer, subject to concurrence of the majority of the
Council, may establish time limits and otherwise control presentations. The Presiding Officer
may change the order of speakers so that testimony is heard in the most logical groupings,
(i.e., proponents, opponents, adjacent owners, vested interests, etc.)
(b) The Presiding Officer inquires as to whether all legal noticing has been made. After the
administrative report of legal noticing actions, the chair asks for a motion for the record
declaring that all legal notice requirements have been met for this hearing.
The Presiding Officer introduces the agenda item, opens the public hearing, and
announces the following Rules of Order:
1. All comments by proponents, opponents, or the public shall be made from the
speaker's podium, and any individual making comments shall first give his/her name
and address. This is required because an official recorded transcript of the public
hearing is being made. If there is any appeal, the court must make its decision on the
basis of what was said at the public hearing.
2. It is not necessary to be a proponent or opponent in order to speak. If you consider
yourself neither a proponent nor opponent, please speak during the proponent portion
and identify yourself as neither a proponent nor an opponent.
3. No comments shall be made from any other location, and anyone making "out of
order" comments shall be subject to removal from the meeting.
20
l
4. There will be no demonstrations, applause or other audience participation during or at
the conclusion of anyone's presentation. The Council ( or Planning Commission) is not
allowed to consider such expressions and it takes time away from the speakers.
5. These rules are intended to promote an orderly system of holding a public hearing, to
give persons an opportunity to be heard and to ensure that individuals are not
embarrassed by exercising their right of free speech.
(c) When Council conducts a hearing to which the Appearance of Fairness Doctrine applies, the
Presiding Officer ( or in the case of a potential violation by that individual, the Mayor Pro
Tern) will ask if any Councilmember knows of any reason which would require such member
to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the
announcement is as follows:
"All Council members or Planning Commission members should now give consideration
as to whether they have":
1. A demonstrated bias or prejudice for or against any party to the proceedings;
2. A direct or indirect monetary interest in the outcome of the proceedings;
3. A prejudgment of the issue prior to hearing the facts on the record; or
4. Had ex parte contact with any individual, excluding Administrative staff, with regard
to an issue prior to the hearing. If any Councilmember should answer in the
affirmative, then the Councilmember should state the reason for his/her answer at this
time, so that the Chair may inquire of Administration as to whether a violation of the
Appearance of Fairness Doctrine exists.
(d) Site-Specific Comprehensive Plan and Zoning Amendments ("Rezones1'). The following
are general concepts and not intended to add to or change applicable statutes or
ordinances or to be considered a land use control. Under Washington's Growth
Management Act, Chapter 36.70A RCW, as implemented by Moses Lake, site-specific rezone
requests (initiated by property owners or developers) are processed not more frequently than
once each year, concurrently with the Comprehensive Plan amendment process. This assures
that all rezones are consistent with the overarching purposes and intent of the Growth
Management Act and the Citys Comprehensive Plan. All zoning must be consistent with, and
implement the Comprehensive Plan. To that end, at the outset of each public hearing or
meeting to consider a zoning amendment or zoning reclassification, the Presiding Officer or
City Attorney will announce the legal standards for Comprehensive Plan and zoning
amendments and ask the parties to limit their presentations to information within the scope of
the standards. The form of the announcement is as follows:
"The following are general concepts regarding Comprehensive Plan and zoning amendments
under the law of the State of Washington:
The current zoning is presumed valid.
The burden of proof is on the applicant for the site-specific Comprehensive Plan and zoning
amendment to establish by proof in sufficient measure that the following requirements have
been satisfied. In making its decision, the City Council will consider the recommendations
21
made by the Planning Commission and the record developed before the Plannin~
Commission. Requirements (a), (b), and (c) stated below shall be "considered" and weighed
by the Council. The Council must affirmatively find that the applicant has satisfied
requirements (d) through (k): Whether circumstances related to the proposed amendment
and/or the area in which it is located have substantially changed since the adoption of the
Moses Lake Comprehensive Plan;
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Whether the assumptions upon which the Moses Lake Comprehensive Plan is based
are no longer valid, or whether new information is available which was not considered
during the adoption process or any annual amendments of the Moses Lake
Comprehensive Plan;
Whether the proposed amendment reflects current widely held community values;
The proposed amendment meets concurrency requirements for transportation, sewer,
and water, and does not adversely affect adopted level of service standards for other
public facilities and services, such as police, fire and emergency medical services,
park services, and general government services;
The proposed amendment is consistent with the goals, policies and objectives of the
various elements of the Moses Lake Comprehensive Plan;
The proposed amendment will not result in probable significant adverse impacts to the
City's transportation network, capital facilities, utilities, parks, and environmental
features that cannot be mitigated, and will not place uncompensated burdens upon
existing or planned service capabilities;
In the case of an amendment to the land use map, the subject parcels are physically
suitable for the requested land use designation and the anticipated land use
development, including but not limited to access, provision of utilities and
compatibility with existing and planned surrounding land uses;
The proposed amendment will not create a pressure to change the land use designation
of other properties, unless the change of land use designation for other properties is in
the long-term interests of the community in general;
The proposed action does not materially affect the land use and growth projections
which are the basis of the Comprehensive Plan;
The proposed action does not materially affect the adequacy or availability of urban
facilities and services to the immediate area and the overall area of the City; and
The proposed amendment is consistent with the GMA, the adopted county-wide
planning policy of Grant County, any other applicable inter-jurisdictional policies or
agreements, and any other state or local laws.
The facts in support of the application may come from any source; either the applicant,
the administration, or the public. The important consideration is that the decision
must be made on the basis of information provided to the Planning Commission ( and I
to the City Council) at this public hearing or any continued public hearing. All
evidence, such as photographs, letters, charts, maps, slides, computer presentations or
22 _I
other evidence must remain in the record in a form which can be reviewed on any
appeal. For example, a print out of a computer slide show may be submitted. Any
exhibit not remaining in the record will not be considered.
After the testimony, the public hearing will be closed and there will be a motion to approve
the plan and zoning amendment. This does not mean that the member so moving or so
seconding is in favor of the rezone, but that Council has been advised by the City Attorney
that affirmative motions are preferable.
Following the decision, this body must make findings of fact and conclusions of reasons for
its action. These findings may be drafted by the Administration or there may be a recess for
the drafting of such items.
PUBLIC HEARING-Proponents and Opponents
(e) The Presiding Officer announces the matter, opens the testimony part of the public
hearing, asks all persons who intend to be witnesses to be sworn to tell the truth and then
calls upon City Administration to describe the matter under consideration. The Presiding
Officer may individually swear witnesses. "Bearing in mind the legal standards I have just
described, please limit your comments to information within the scope of these standards."
(f) The Presiding Officer will customarily call for proponents in quasi-judicial proceedings
and for speakers in non-quasi-judicial proceedings. When considering a site-specific
Comprehensive Plan and zoning amendment or zoning reclassification, the Presiding Officer
shall announce:
"Site plans, artistic renditions, and the like in support of a zoning amendment should be
avoided except as they help explain the terms of any proposed or anticipated conditions for
approval. Any graphic representations should be used for illustrative purposes only, and the
Administration or City Council should avoid indicating approval or disapproval of such plans.
Such evidence shall remain a part of the record."
(g) The proponents or speakers now speak. (Note: if the City is the proponent, a member or
members of the Administration shall be designated to give proponent and rebuttal testimony.)
(h) The Presiding Officer calls for additional proponents or speakers.
In non-quasi-judicial proceedings refer to Section 10, otherwise the Presiding Officer calls for
opponents by announcing the following:
"At this time the opponents and persons who do not claim to be either a proponent or an
opponent will have an opportunity to speak. Should any opponent have questions to ask of
the proponents, ask the questions during your presentation. The proponents shall note the
question asked, and answer such questions when the proponent speaks in rebuttal. The
proponent shall be required to answer any reasonable question, provided that the Presiding
Officer reserves the right to rule any question out of order."
(i) Opponents speak.
G) The Presiding Officer calls for additional opponents up to three (3) times.
23
(k) The Presiding Officer calls for proponents to speak in rebuttal. A proponent speaking in
rebuttal shall not introduce new materials. If the proponent does, or is allowed to do so, the
opponents shall also be allowed to rebut the new elements.
(1) The Presiding Officer announces the following: "At this time I will inquire of the
Administration whether the Administration wishes to introduce any testimony as to subjects
raised by the proponents or opponents, or alter in any regard its initial recommendations."
(m) The Presiding Officer inquires as to whether members have any questions to ask the
proponents, opponents, speakers, or Administration. If any Councilmember has questions, the
appropriate individual will be recalled to the podium. The Presiding Officer may also permit
questions by members of any witness at the conclusion of their testimony. Questions of
witnesses submitted by proponents or opponents may be asked by the Presiding Officer of
such witnesses if deemed relevant.
(n) The Presiding Officer closes the public hearing. Additional testimony may not be
requested or considered after the closing of the public hearing unless the Presiding Officer
declares the record open until a date certain for the purpose of receiving written testimony,
such as a legal brief, on a subject(s) specified by the Presiding Officer.
(o) The Presiding Officer inquires if there is a motion by any members. If a motion is made,
it shall be in the form of an affirmative motion. Following the motion and its second,
discussion occurs among members. The Presiding Officer may call on individual members in
the discussion.
(p) The Presiding Officer inquires if there is any further discussion by ti,e members.
( q) The Presiding Officer inquires if there are any fmal comments or recommendations
from administration.
(r) The Presiding Officer inquires of the members as to whether they are ready for tile
question.
(s) The Executive Secretary shall conduct a roll call vote.
(t) The Presiding Officer may direct the Administration to prepare fmdings. The findings
may be approved the same night, if ready, or may be placed on the agenda of the next regular
meeting.
End of Article 10 -Public Hearing Procedures
24
SECTION 10-A LAND USE AND THE APPEARNESS OF FAIRNESS
Appearance of Fairness Doctrine and its Application:
Appearance of Fairness Doctrine Defmed. "In short, when the law which calls for public hearings gives
the public not only the right to attend, but the right to be heard as well, the hearings must not only be
fair but must appear to be so. It is a situation where appearances are quite as important as substance." 1
Smith vs. Skagit County. 75 Wn.2d 715 (1969). "The test of whether the appearance of fairness
doctrine has been violated is ... as follows: Would a disinterested person, having been apprised of the
totality of a board member's personal interest in a matter being acted upon, be reasonably justified in
thinking that partiality may exist? If answered in the affirmative, such deliberations, and any course
of conduct reached thereon, should be voided." Swift vs. Island County. 87 Wn.2d 348 (1976).
Types of Hearings to Which the Doctrine Applies. The Appearance of Fairness Doctrine shall apply only
to those actions of the Council which are quasi-judicial in nature. Quasi-judicial actions are defined
as actions of the City Council which detennine the legal rights, duties, or privileges of specific parties
in a hearing or other contested proceeding. Quasi-judicial actions do not include the legislative
actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other
land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a
zoning amendment that is of area-wide (versus site-specific) significance (RCW 42.36.010). Street
vacations are typically legislative actions, unless clearly tied to, and integrated into, a site-specific
development proposal which is quasi-judicial in nature.
Obligations of Council and Planning Commission members -Hereafter "Member" -Immediate self
disclosure of interests that may appear to constitute a conflict of interest is hereby encouraged.
Members should recognize that the Appearance of Fairness Doctrine does not require establishment 1
of a conflict of interest, but whether there is an appearance of conflict of interest to the average
person. This may involve the member or a member's business associate, or a person of the member's
immediate family. It could involve ex parte ( outside the hearing) communications, ownership of
property in the vicinity, business dealings with the proponents or opponents before or after the
hearing, business dealings of the member's employer with the proponents or opponents, announced
predisposition, and the like. Prior to any quasi-judicial hearing, each Councilmember should give
consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If the
answer is in the affirmative, no matter how remote, the Councilmember should disclose such facts to
the City Manager or Commission Chair who will seek the opinion of the City Attorney as to whether
a potential violation of the Appearance of Fairness Doctrine exists. The City Attorney shall
communicate such opinion to the member and to the Presiding Officer.
Anyone seeking to disqualify a member from participating in a decision on the basis of a violation of
the Appearance of Fairness Doctrine must raise the challenge as soon as the basis for disqualification
is made known, or reasonably should have been made known, prior to the issuance of the decision.
Upon failure to do so, the Doctrine may not be relied upon to invalidate the decision. The party
seeking to disqualify the member shall state with specificity the basis for disqualification; for
example: demonstrated bias or prejudice for or against a party to the proceedings, a monetary
interest in outcome of the proceedings, prejudgment of the issue prior to hearing the facts on the
record, or ex parte contact. Should such challenge be made prior to the hearing, the City Manager
shall direct the City Attorney to interview the member and render an opinion as to the likelihood that
an Appearance of Fairness violation would be sustained in Superior Court. Should such challenge be
made in the course of a quasi-judicial hearing, the member shall either recuse him/herself or the
Presiding Officer shall call a recess to pennit the City Attorney to make such interview and rende-
such opinion.
25
1. The Presiding Officer shall have authority to request a member to excuse him/herself on the
basis of an Appearance of Fairness violation. Further, if two (2) or more members believe that
an Appearance of Fairness violation exists, such individuals may move to request a member
to excuse him/herself on the basis of an Appearance of Fairness violation. In arriving at this
decision, the Presiding Officer or other members shall give due regard to the opinion of the
City Attorney.
Specific Statutory Provisions.
1. Candidates for the City Council may express their opinions about pending or proposed
quasi-judicial actions while campaigning, RCW 42.36.040, except that sitting
Councilmembers shall not express their opinions on any such matter which is or may come
before the Council.
2. A candidate for the City Council who complies with all provisions of applicable public
disclosure and ethics laws shall not be limited under the Appearance of Fairness Doctrine
from accepting campaign contributions to finance the campaign, including outstanding debts.
(RCW 42.36.050)
Ex Parte communications should be avoided whenever possible. During the pendency of any
quasi-judicial proceeding, no member may engage in ex parte communications with proponents or opponents
about a proposal involved in the pending proceeding, unless the member: (1) places on the record the
substance of such oral or written communications; and (2) provided that a public announcement of the
content of the communication and of the parties' right to rebut the substance of the communication shall be
made at each hearing where action is taken or considered on the subject. This does not prohibit
correspondence between a citizen and his or her elected official if the correspondence is made a part of the
record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060)
Public Disclosure File, The Executive Secretary shall maintain a public disclosure file, which shall be
available for inspection by t4he public. As to elected officials, the file shall contain copies of all
disclosure forms filed with the Washington State public Disclosure Commission.
26
EXHIBIT "A-1"
PARLIAMENTARY PROCEDURE AT A GLANCE ·---·-l . -----. r · J --J -J ------To do this: You say this: May you Must be Is motion Vote required
·-.. , __ .!:~e:i::i~ _ s~~-~~-:d? --~~b:table?_ ___ __ _ ___ . -·--·-· .. ---~-"~-.•-··-.... ~ --
Introduce business "I move that .•• " NO YES YES MAJORITY
Amend a motion "I move to amend this motion" NO YES YES MAJORITY
Reouest Information "Point of information" YES NO NO NOVOTE
Suspend further discussion "I move we table it"(until when NO YES NO MAJORITY
durinl! the same meetinl!)
End debate "I move the orevious auestion ... " NO YES NO MAJORITY
Postpone discussion "I move we postpone this matter NO YES YES MAJORlTY
until ... "(when-date snecific)
Have something further studied "I move we refer ... " NO YES YES MAJORITY
bv a committee
Ask for a vote count to verify a "I call for a division of the house" NO NO NO NO VOTE
voice vote
Object to considering some "I object to consideration of this" YES NO NO MAJORITY
matter
Take up a matter previously "I move to take from the table ... " NO YES NO MAJORlTY
tabled
Reconsider something already "I move we reconsider action on YES YES YES MAJORITY
disoosed of ... " (time-date?) -
Consider something in "I move we suspend the rules and NO YES NO MAJORITY
unscheduled order " ...
Vote on a ruline bv the chair "I anneal the chair's decision" YES YES YES MAJORITY
Object to procedure or personal "Point of order" YES NO NO NO VOTE
affront--cbair decides
Complain about noise, room "Point of privilege" YES NO NO NO VOTE
temnerature. etc.
Recess the meeting "I move that we recess until •.. " NO YES NO MAJORlTY
NO YES NO MAJORlTY
Adiourn the meetim1 "I move that we adiourn"
27
EXHIBIT "A-2"
LEGISLATIVE PROCESS FLOW CHART
City Manager
(proposed draft)
Administration study
draft
(proposed draft)
~
I I I Citizens City Council :• (proposed draft)
Council Stl!.dy Session
(Council draft or summary)
City Council 1st presentation
Public meeting
(Commission draft)
City Council 2nd reading
ordinances
(Council ordinance)
:t
IF REJECTED
t •
Initiative filed
( only for matters subject to
initiative in accordance with
Washington law)
i
Election held
1
i
If approved by voters, ordinance
prepared
ADOPTED POLICY/ LAW OF THE CITY 4---_l
28
EXIIlBIT "A-3"
TASK FORCE/TOWN HALL MEETINGS GENERAL MODEL
1. Meetings; Committee meetings (when held) should be open to the public, including the
media, unless discussing matters which would qualify for an executive session if discussed
within the whole Commission.
2. Ad hoc appointments; The Council may appoint such ad hoc advisory committees or
liaisons from the Council or community for the purpose of advising the Council in
legislative policy matters. All ad hoc committees shall be defined by a clear task and a
method of "sunsetting" the committee at the conclusion of the assigned task.
3. Council liaison to citizen committees. Liaisons shall be appointed by the Mayor and
confirmed by a simple majority of the Commission for specific purposes and for a time
certain.
4. Liafoon Procedures. Individual members of the Council may be assigned as liaisons whose
duties involve keeping current with a group or activity by either attendance when the group
or activity takes place or communication with appropriate leaders so the liaison
Councilmember can keep the Council informed. Liaisons may, at times, advocate Council
actions on behalf of their assigned group or activity. Extreme care must be taken to avoid
an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with
agencies or circumstances where such possibilities may exist (i.e.: quasi-judicial). Liaisons'
functions and duties may be further defined and/or directed by the Mayor/Deputy Mayor
with concurrence of Council.
5. Task Force Creation and Guidelines. The City Council may, from time to time, create,
and appoint members to, small task force groups for the purpose of examining issues and
making recommendations important to the City Council but not requiring the more
formalized process stated in ( 6) below. In all cases, the instrument appointing a task force
shall set forth a clear task assignment and a method of "sunsetting" the group upon
completion of the task.
6. Task Force/Public Forum Steering Group for Public Issues of high interest/high
impact. Upon motion of the City Council, a Councilmember may be appointed as a liaison
leader to organize a steering group to strategize a particular community subject or issue.
The steering group shall consist of one Councilmember and one representative of City
Administration. The Councilmember shall be appointed by the Mayor, and confirmed by a
simple majority of the Council, and the technical support shall be appointed by the City
Manager. Such appointments shall identify the task(s) and a method of determining how the
group shall "sunset" when the task is completed. The steering group shall serve as a
collection point for information and activity pertaining to the task or issue assigned.
Various City representation roles and Council liaisons may be involved in bringing
information together on the task or issue. The steering group liaison informs the Council of
the group's activity at Council meetings (when appropriate). A task force group may then
be created by Council motion (directive) to substantially function according to the model
attached as Exhibit "A-4".
29
7. Task Force/Public Forum Procedures. When major public policy development warrants,
and after adequate preparation of issues and alternatives, the steering group may conduct
larger citizen forums to help develop a public consensus on the issues. The product of
such citizen forums, when held, shall be presented to the City Council prior to the
customary City Council deliberations (i.e., agenda actions, public hearings, etc.) which
could normally result in final action. The procedures are further illustrated in Exhibit "A-4"
attached.
The City Manager may also appoint such ad hoc or special projects administrative
advisory task groups as he or she may deem necessary to assist City administrative
activity. Such appointments shall identify the task(s) and a method of determining how the
group shall "sunset" when the task is completed.
8. Citizens Task Force Steering Procedures. When the nature of a major issue indicates a
need for increased citizen involvement or expertise at the steering level of a task force,
the Council may, by legislative directive, commission a Citizens' Task Force Steering
Group consisting of one (1) Councilmember, one (1) citizen familiar with the issues, and
the City Manager. The Citizens' Task Force shall function in a manner similar to the Task
Force Procedures contained in Sections 3 and 4 above. The procedures are further
illustrated in Exhibit "A-6" attached.
9. Multi-Agency /Regional Task Force Steering Procedures. When a major regional effort
involves key agencies outside of City government but vital to a project's coordination, the
Council may create by legislative directive or intergovernmental agreement, an
appropriately named (Multi-Agency) Task Force Steering Group. Membership shall
consist of one (1) Councilmember or the City Manager, one (1) representative from each
partner agency and one (1) member from each private, consultant or non-profit agency with
a key interest or resource vital to the issue or project.
Each agency shall appoint one (1) member to serve on the Steering Group and one (1)
member to serve as alternate. Except for the first organizational start-up meeting or when
necessary, alternates should not routinely attend group meetings. Steering Group members
should function in a manner similar to the task force procedures described in Sections 3, 4,
and 10 above. The procedures are further illustrated in Exhibit "A-6" attached.
10. General Town Hall/Neighborhood Meetings. The public should be encouraged to attend
regular and special City Council meetings to participate in their government. The City
Council rules of procedure are designed to facilitate an open atmosphere for citizen
participation. However, any member of the City Council may convene citizens' town
hall/neighborhood meeting or series of meetings for the purpose of providing a general
forum on City matters. Such town hall meetings shall, when convened, provide information
pertaining to specific issues as well as opportunity for citizens to ask questions or express
views on any subject. The Councilmember may request that the City Manager or his/her
designee attend these meetings to answer questions on administrative matters. Although not
official Council meetings, members of the City Council shall report issues or conclusions to
the whole Council. Councilmembers should avoid discussion or comments which
pertains or may pertain to potential lawsuits, land use issues, or other quasi-judicial
proceedings which might later come before the Council.
30
EXHIBIT "A -4"
TASK FORCE/TOWN HALL MEETINGS City Council Meetings Final Public Input Forum
Formal agenda discussion,
public comment, public
hearings, etc.
GENERAL MODEL CHART
Representation/Coordination
Roles by Council, Staff
..
Regional Groups
,JJL_ ..... -7' Public Process
Liaison Role
Council infonnation & two way
communication
...
W'
Task Force
Steering
1 Council
City Manager
(Technical Support)
Appointed by City Manager
t •
...
Technical Groups &
Organizations
.. --,,
P1.&bUc Procetis Role
Open Subject Town Hall Meetings
Information coordinated by J..
~ steering group -reports to T • I
Council by liaison or directly
to public task force forums
~ ....
Citizen Input Path
Report to Council by
steering group
Task Forc:e Public:
Forums*
*Public Forums
*Town Hall Meetings
*Hearings, etc.
Citizen Issue
Consensus Forums i,.-Presentation, group
discussions
identify issues,
develop consensus
*Can be an appointed core group with
general public forum or closed group,
depending on issues
+
Local lilterest Groups &
Organizations
31
' EXHIBI~T~:,,A-:---~5="--:-_____________ :~r----
MULTI-AGENCY RJ£GIONALTASK FORCE MODEL CHART
-Non City
l,\gency/Group
Non City
!Agency/Group
-~ -•
Liaison Role
Council & Administrator two way
communication s
Task l"orce Steeriag
Glll'Oap
1-Councilmember or
2-City Manager
~ -p 1-City staff (as needed)
1 Project manager
1-non city agency/group
!-non city agency/group
1-non city agency/group
Task Force Meetings
...
City Council Meeting•
Public Process
Final Public Input Forum
Formal agenda discussion,
public comment, public
hearings, etc.
~ ..
Task Force Input Path I I Report to ~ommisslon by
II( steenng group
Task Force Puhlic:
( each agency appoints its own
~ep.
Information coordinated by 't' ~ work group -reports to • 1
meetings
Regional Polley Forum
*Open House Forums
*Town Hall Meetings
Representation/Coordination
Roles by Steering Group
Members
w
State 1md Federal agencies
!Permits-Tasks-coordination
..
•
w
* Gather Information
*Technical Groups &
Organizations
Agency by liaison or
directly to task force
forums
•
Vital interest groups
Organizations
Community
32
*Can be an appointed core group with
general public forum or closed group,
depending on iss9es and attendance
_ _J
Citizen Task Force
General Model
EXHIBIT "A-6"
Citizen Input
Qualified non-city
Official appointee •
Representation /
Coordination Roles by
Council Member, Citizen
,,
Regional Groups
-..
1 ,
Task Fo:-ce Stee;.-i_ng
1 Council Member -
(appointed by Mayor)
l Citizen -(appointed by
Mayor, approved by
Council)
---------------------1 Staff-(City Manager)
.I -
(Technical Support)
"
•
1 ,
Technical Groups &
Organizations
Liaison Role
Council Member or
Citizen, Information &
two-way communication -
.... ~i
Public Process -
Community
... L
lnformatfon coordi1 ated by
ports to
directly
forums
steering group-re
Council by Uaiso!l 01
to public task force
1~
Local Interest
Groups&
33
•
City Council
Meeting
Public Process
•
Public Forums
• Task Force
• TownHall
Meetings
• Others
t
Final Public
Input Forum
Formal agenda
discussion, public
comment, public
hearings, etc.
Citizen Input Path
Report to Council by
Steering Group
Citizen Issue Consensus Forums
Presentation, group discussions,
ideetify issues, develop consensus
EXHIBIT "A ~ 7"
RCW 35A, Council/Manager Form of Government
RCW Sections
JSA.13.010
City officers --Size of council.
35A.13.020
Election of councilmen --Eligibility -Terms --Vacancies -Forfeiture of office -Council chairman.
JSA.13.030
Mayor --Election -Chairman to be mayor --Duties.
JSA.13.033
Election on proposition to designate person elected to position one as chairman -Subsequent holders of
position one to be chairman.
35A.13.035
Mayor pro tempore or deputy mayor.
JSA.13.040
Compensation of councilmen --Expenses.
35A.13.050
-'City manager --Qualifications.
JSA.13.060
City manager may serve two or more cities.
35A.13.070
City manager -Bond and oath.
35A.13.080
City manager -Powers and duties.
35A.13.090
Creation of departments, offices, and employment -Compensation.
35A.13.100
City manager --Department heads -Authority.
35A.13.110
City manager --Appointment of subordinates -Qualifications -Terms.
isA.13.120
1
--~ity manager--Interference by council members.
l ~
3SA.13.130
City manager --Removal --Resolution and notice.
3SA.13.140
City manager --Removal --Reply and hearing.
3SA.l3.150
City manager -Substitute.
3SA.13.160
Oath and bond of officers.
3SA.13.170
Council meetings --Quorum --Rules --Voting.
35A.13.180
Adoption of codes by reference.
35A.13.190
Ordinances --Style --Requisites --Veto.
35A.13.200
Authentication, recording and publication of or-dimmces.
35A.13.210
Audit and allowance of demands against city.
35A.13.220
Optiol!-al_ division of city in!o._wards. ----·
35A.13.230
Powers of council.
35A.13.010
City officers -Size of council.
The councilmembers shall be the onty elective officers of a code city electing to adopt the council-manager plan of government
authorized by this chapter, except where statutes provide for an elective municipal judge. The counci! shall appoint an officer
whose title shall be "city manager" who shall be the chief executive officer and bead of the administrative branch of the city
government. The city manager shall be responsible to the council for the proper administration of all affairs of the code city.
The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when
there are twenty-five hundred or more inhabitants the council shall consist of seven members: PROVIDED, That if the
population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five
hundred, it shall continue to have a seven member council. H, after a city bas become a council-manager code city its
population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may
increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of
councilmanic offices in the city. When the population of a council-manager code city having five councilmanic offices
increases to five thousand or more inhatitants, the number of councilmanic offices in the city shall increase from five to seven
members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant
to RCW 35A.13.020, appoint two persons to serve in these offices until the next municipal general election, at which election L ~
r
one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of
inhabitants shall be determined by the most recent official state or federal census or determination by the state office of
;,tinancial management. A charter adopted under the provisions of this title, incorporating the council-manager plan of
government set forth in this chapter may provide for an uneven number of councllmembers not exceeding eleven.
A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of government
and which bas seven councilmanic offices may establish a five-member council in accordance with the following procedure. At
least sh: months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the
number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire
at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and
shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to
comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old council-manager plan of government, as provided in RCW
35A.0l.130, is subject to the laws applicable to that old plan of government.
[1994 c 223 § 35; 1994 c 81 § 72; 1987 c 3 § 16; 1985 c 106 § 2; 1983 c 128 § 2; 1979 ex.s. c 18 § 24; 1979 c 151 § 34; 1967 ex.s. c
119 § 35A.13.010.]
Notes:
Severability--1987 c 3: See note following RCW 3.70.010.
Severability -1979 eLs. c 18: See note following RCW 3SA.0l.070.
Population determinations, office of financial management: Chapter 43.62 RCW.
JSA.13.020
Election of councilmen -Eligibility -Terms -Vacancies -Forfeiture of office -Council chairm~.-
In council-manager code cities, eligibility for election to .the council, the manner of electing councilmen, the numbering of
council positions, the terms or councilmen, the occurrence and the filling of vacancies, the grounds for forfeiture of office, and
appointment of a mayor pro tempore or deputy mayor or councilman pro tempore shall be governed by the corresponding
)>rovisions of RCW 35A.12.030, 35A.ll.040, 35A.12.050, 35A.12.060, and 35A.ll.065 relating to the council of a code city
· organized under the mayor-council plan, except that in council-manager cities where all council positions are at-large
positions, the city council may, pursuant to RCW 3SA.13.033, provide that the person elected to council position one shall be
the council chairman and shall carry out the duties prescribed by RCW 35A.13.030.
[1994 c 223 § 36; 1975 1st ex.s. c 155 § l; 1967 ex.s. c 119 § 35A.13.020.J __ ,_, ____ _
35A.13.030
Mayor -Election -Chairman to be mayor -Duties.
Biennially at the first meeting or the new council the members thereof shall choose a chairman from among their number
unless the chairman is elected pursuant to RCW 35A.13.033. The chairman of the council shall have the title of mayor and
shall preside at meetings of the council. In addition to the powers conferred upon him as mayor, he shall continue to have all
the rights, privileges, and immunities of a member of the council. The mayor shall be recognized as the head of the city for
ceremonial purposes and by the governor for purposes of military law. He shall have no regular administrative duties, but in
time of public danger or emergency, if so authorized by ordinance, shall take command of the police, maintain law, and
enforce order. ·
[1975 1st ex.s. c 155 § 2; 1967 ex.s. c 119 § 3SA.13.030.)
------35A.13.033
Election on proposition to designate person elected to position one as chairman -Subsequent holders of
position one to be chairman.
The city council of a council-manager city may by resolution place before the voters of the city, a proposition to designate the
person elected to council position one as the chairman of the council with the powers and duties set forth in RCW 35A.13.030.
lf a majority of those voting on the proposition cast a positive vote, then at all subsequent general elections at which position
lne is on the ballot, the person who is elected to position one shall become the chairman upon taking office.
'(1975 1st eLS. C 155 § 3.)
36
3SA.13.035
Mayor pro tempore or deputy mayor.
Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of
their number as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the absence or
temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise, appoint any qualified person to
serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence
or disability of a councilman, the remaining members by majority vote may appoint a councilman pro tempore to serve
during the absence or disability.
(1969 ex.s. c 81 § l.]
Notes:
Effective date--1969 ex.s. c 81: "This 1969 amendatory act shall take effect July 1, 1969." [1969 ex.s.
c81§7.]
35A.13.040
Compensation of councilmen -Expenses.
The salaries of the councilmen, including the mayor, shall be fixed by ordinance and may be revised from time to time by
ordinance, but any increase or reduction in the compensation attaching to an office shall not become effective until the
expiration of the term then being served by the incumbent: PROVIDED, That compensation of councilmen may not be
increased or diminished after their election nor may the compensation of the mayor be increased or diminished after the
mayor has been chosen by the council.
Until councilmen of a newly-organized council-manager code city may lawfully be paid as provided by salary ordinance,
such councilmen shall be entitled to co:rapensatioa fn the same manner and in the same amount as councilmen of such city
prior to the adoption of this council-manager plan.
Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city, the
first councilmen shall be entitled to compensation as foUows: In cities having less than five thousand inhabitants --twenty
dollars per meeting for not more than two meetings per month; in cities having more than five thousand but less than fifteen
thousand inhabitants --a salary of one hundred and fifty doUars per calendar month; in cities having more than fifteen
thousand inhabitants --a salary of four hundred dollars per calendar month. A councilman who is occupying the position of
mayor, in addition to bis salary as a councilman, shall be entitled, while serving as mayor, to an additional amount per
calendar month, or portion thereof, equal to twenty-five percent of the councilmanic salary: PROVIDED, That such interim
compensation shall remain in effect only until a salary ordinance is passed and becomes effective as to such officers, and the
compensation provided herein shall not be construed as fixing the usual compensation of such officers. Councilmen shall
receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, or the
council by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as
provided by ordinance.
(1979 ex.s. c 18 § 25; 1967 ex.s. c 119 § 35A.13.040.]
Notes:
Severability --1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.13.050
City manager -Qualifications.
The city manager need not be a resident at the time of his appointment, but shall reside in the code city after his appointment
unless such residence is waived by the council. He shall be chosen by the council solely on the basis of his executive and
administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in
respect to the duties of his office. No person elected to membership on the council shall be eligible for appointment as city
manager until one year has elapsed following the expiration of the term for which he was elected.
[1967 ex.s. c 119 § 35A.13.050.]
37
~r -~---------------. JSA.13.060
City manager may serve two or more cities.
Whether the cfty manager shall devote his full time to the affairs of one code city shall be determined by the council. A city
manager may serve two or more cities in that capacity at the same time.
11967 ex.s. c 119 § 3SA.13.060.)
-----~---·------JSA.13.070
City manager -Bond and oath.
Before entering upon the duties of his office the city manager shall take an oath or affirmation for the faithful performance of
his duties and shall execute and file with the clerk of the council a bond in favor of the code city in such. sum as may be fixed
by the council, The premium on such bond shall be paid by the city.
(1967 ex.s. c 119 § 3SA.13.070.]
JSA.13.080
City manager -Powers and duties.
The powers and duties of the city manager shall be:
(1) To have general supervision over the administrative affairs of the code city;
(2) To appoint and remove at any time all department heads, officers, and employees of the code city, except members of
the council, and subject to the provisions of any applicable law, rule, or regulation relating to civil service: PROVIDED, That
iJie council may provide for the appointment by the mayor, subject to confirmation by the council, of a city planning
• commission, and other advisory citizens' committees, commissions, and boards advisory to the city council: PROVIDED
FURTHER, That if the municipal judge of the code city is appointed, such appointment shall be made by the city manager
subject to confirmation by the council, for a four year term. The council may cause an audit to be made of any department or
office of the code city government and may select the persons to make it, without the advice or consent of the city manager;
(3) To attend all meetings of the council at which his attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant the
mayor to maintain law and order in times of emergency;
(5) To recommend for adoption by the council such measures as he may deem necessary or expedient;
(6) To prepare and submitto the council such reports as may be required by that body or as he may deem it advisable to submit;
(7) To keep the council fully advised of the financial condition of the code city and its future needs;
(8) To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter 35A.33 RCW, and to
be responsible for its administration upon adoption;
(9) To perform such other duties as the council may determine by ordinance or resolution.
{1987 c 3 § 17; 1967 eLS. c 119 § 35A,13.080.]
Notes:
Severability-1987 c 3: See note following RCW 3.70.010.
38
35A.13.090
Creation of departments, offices, and employment -Compensation.
On recommendation of the city manager or upon its own action, the council may create such departments, offices, and
employments as it may find necessary or advisable and may determine the powers and duties of each department or office.
Compensation of appointive officers and employees may be fixed by ordinance after recommendations are made by the city
manager. The appointive officers shall include a city clerk and a chief of police or other law enforcement officer. Pursuant to
recommendation of the city manager, the council shall make provision for obtaining legal counsel fer the city, either by
appointment of a cify attorney on a fall tune or part time basis, or by any reasonable contractual arrangement for such
professional services.
[1967 ex.s. c 119 § 35A.13.090.)
35A.13.100
City manager -Department heads -Authority.
The city manager may authorize the head of a department or office responsible to him to appoint and remove subordinates in
such department or office. Any officer or employee who may be appointed by the city manager, or by the head of a
department or office, except one who holds his position subject to civil service, may be removed by the manager or other such
appointing officer at any time subject to any applicable law, rule, or regulation relating to civil service. Subject to the
provisions of RCW 35A.13.080 and any applicable civil service provisions, the decision of the manager or other appointing
officer, shall be fmal and there shall be no appeal therefrom to any other office, body, or court whatsoever.
J!2~_7 ~':.~:~.:.~_!!,ij 35A.13J.,9J!.:j__ __ --·--------
35A.13.110
City manager -Appointment of subordinates -Qualifications -Terms.
Appointments made by or under the authority of the city manager shall be on the basis of ability and training or experience of
the appointees in the duties which they are to perfo1·m, and shall be in compliance with provisions of any merit system
applicable to such city. Residence within the code city shall not be a requirement. All such appointments shall be without
definite term.
[1967 ex.s. c 119 § 35A.13.110.J
35A.13.120
City manager -Interference by council members.
Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or his removal from,
office by the city manager or any of his subordinates. Except for the purpose of inquiry, the council and its members shall
deal with the administrative service solely through the manager and neither the council nor any committee or member thereof
shall give orders to any subordinate of the city manager, either publicly or privately. The provisions of this section do not
prohibit the council, while in open session, from fully and freely discussing with the city manager anything pertaining to
appointments and removals of city officers and employees and city affairs.
[1967 ex.s. c 119 § 35A.13.120.)
35A.13.130
City manager -Removal -Resolution and notice.
The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the council. At least
thirty days before the effective date of his removal, the city manager must be furnished with a formal statement in the form of
a resolution passed by a majority vote of the city council stating the council's intention to remove nim and the reasons
therefor. Upon passage of the resolution stating the council's intention to remove the manager, the council by a similar vote
may suspend him from duty, but his pay shall continue until his removal becomes effective.
(1967 ex.s. c 119 § 35A.13.130.]
39
35A.13.140 �ity manager -Removal -Reply and hearing • . The city manager may, within thirty days from the date of service upon him of a copy thereof, reply in writing to the resolution stating the council's intention to remove him. In the event no reply is timely filed, the resolution shall upon the thirty-first day from the date of such service, constitute the final resolution removing the manager and his services shall terminate upon that day. If a reply shall be timely filed with the city clerk, the council shall fix a time for a public hearing upon the question of the manager's removal and a fmal resolution removing the manager shall not be adopted until a public bearing has been had. The action of the council in removing the manager shall be final. [1967 eLS. C 119 § 35A.13.140.)
--------•-�-----------______ . ________ ,, ___ 35A.13.l50 City manager -Substitute. The council may designate a qualified administrative officer of the city or town to perform the duties of manager:
(1)Upon the adoption of the council-manager plan, pending the selection and appointment of a manager; or
(2)Upon the termination of the services of a manager, pending the selection and appointment of a new manager; or
(3)During the absence, disability, or suspension of the manager.[1967 ex.s. c 119 § 3SA.13.150.)
---------------·----------JSA.13.160 Oath and bond of officers. \Jl provisions of RCW 3SA.12.080 relating to oaths and bonds of officers, shall be applicable to code cities organized under -fuis council-manager plan.{1967 ex.s. c 119 § 35A.13.160.J
35A.13.170 Council meetings -Quorum -Rules -Voting. All provisions of RCW 35A.12.l10, as now or hereafter amended, and JSA.12.120, relating to council meetings, a quorum for transaction of business, rules and voting at council meetings, shall be applicable to code cities organized under this councilmanager plan. [1979 ex.s. c 18 § 26; 1967 ex.s. c 119 § 35A.13.170.J Notes: Severabillty -1979 ex.s. c 18: See note following RCW 35A.0l.070.
40
---------------·--------------·----------------·-----------·-----
-------
..
35A.13.180
Adoption of codes by reference.
Ordinances of cities organized under this chapter may adopt codes by reference as provided in RCW 3SA.12.140.
[1967 ex.s. c 119 § 35A.13.180.J
35A.13.190
Ordinances -Style -Requisites -Veto.
The enacting clause of all ordinances shall be as follows: "The city council of the city of ...... do ordain as follows:" No
ordinance shall contain more than one subject and that must be clearly expressed in its title.
No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the
revised ordinance or the amended section or subsection at full length.
No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or
charter, except that an ordinance passed by a majority plus one of the whole membership of the council, designated therein as
a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace,
may be made effective upon adoption, but such ordinance may not levy taxes, grant, renew, or extend a franchise, or
authorize the borrowing of money.
[1967 ex.s. c 119 § 35A.13.190.J
---------------35A.13.200
Authentication, recording and publication of ordinances.
Ordinances of code cities organized under this chapter shall be authenticated, recorded and published as provided in RCW
35A.12.1S0 and 3SA.12.160.
[1967 ex.s. c 119 § 35A.13.200.J
35A.13.210
Audit and allowance of demands against city.
RCW 35A.12.170 shall apply to the audit and allowance of demands against the city.
[1967 ex.s. c 119 § 3SA.13.210.)
35A.13.220
Optional division of city into wards.
A code city organized under this chapter may be divided into wards as provided in RCW 35A.12.180.
[1967 ex.s. c 119 § 35A.13.220.)
35A.13.230
Powers of council.
The council of any code city organized under the council-manager plan provided in this chapter shall have the powers and
authority granted to legislative bodies of cities governed by this title as more particularly described in chapter 35A.11 RCW,
except insofar as such power and authority is vested in the city manager.
[1967 ex.s. c 119 § 3SA.13.230.)
41