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HomeMy WebLinkAboutR-2067 - Relating to procedures for the conduct of business at Council Meetings, and repealing Resolution No. 2062A , CITY OF MARYSVILLE Marysville,Washington RESOLUTION N0.2o(,7 A RESOLUTION OF THE CITY OF MARYSVILLE RELATING TO PROCEDURES FORTHE CONDUCT OF BUSINESS AT COUNCil MEETINGS, AND REPEALING RESOLUTION NO.2062. WHEREAS,RCW 3SA.12.120 gives the City Council the power to establish rules of conduct for their meetings;and WHEREAS,a comprehensive procedure for Council Meetings will provide the most expedient means of conducting Council Meetings; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON AS FOLLOWS: The following shall be the rules'of conduct for all regular and special meetings of the Marysville City Council. I.General:These rules constitute the official rules for the conduct of business by Marysville City.Council.For all points of order which are not covered by these rules,the chair of the meeting shall decide unless the majority of the Council disagrees, in which case the Council shall be guided by Robert's Rules of Order Newly Revised. II.Organization: A.Swearing in of New Councilmembers.Newly elected Councilmembers shall be sworn in as provided in state law. ,. I ! B. Mayor Pro Tern.The Council shall elect a Mayor Pro Tern for a term of two years.In the temporary absence of the Mayor,the Mayor Pro Tern shall perform the duties and responsibilities of the Mayor.In the event the Mayor Pro Tern is unable for any reason to serve the entire term,a new Mayor Pro Tern shall be elected at the next Regular Meeting.If both the Mayor and the Mayor Pro Tern are absent from a meeting,one of the Councilmembers will be appointed by motion to preside over the meeting. C.Quorum.At all Council Meetings,a majority of the Council (four members!shall constitute a quorum for the transaction of business,but a lesser number may recess or adjourn. RESOLUTION - 1 Imv/am2062.res 4/3/02 ,r D.Attendance and Excused Absences. 1.Councilmembers.RCW 35.24.100 provides that a Councilmember shall forf~it his or her office by failing to attend three consecutive Regular Meetfngs of the Council 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;or,if the Mayor is not available,the Chief Administrative Officer,or City Clerk,who shall convey the message to the Mayor.Following roll call,the presiding officer shall inform the Council of the member's absence and state the reason for such absence and shall entertain a motion to excuse. 2.Citv Clerk.The Clerk or other authorized person shall attend all Council Meetings to serve as clerk and to keep a record of the proceedings.If the Clerk and the Deputy Clerk are absent from any Council Meeting,then the Mayor shall ask the Chief Administrative Officer to appoint a member of .the staff to act as Clerk for that meeting. E.Decorum. 1.Riqht to Eject.While the Council is in session, both the members and the public must preserve order and decorum,and shall neither,by conversation or otherwise,delay or interrupt the meeting or the peace of the Council,nor disrupt any member while speaking or refuse to obey the orders of the Presiding Officer.Any person making personal,impertinent,or slanderous remarks,or who becomes boisterous while addressing the Council,shall be asked to leave by the Presiding Officer and shall be escorted from the Council Chambers.. 2.Hearinqs.Whenever the Council is conducting a public hearing on a quasi -judicial matter,such hearings must not only be fair,but must be free from even the appearance of unfairness. Therefore,in their consideration of such matters Councilmembers shall: a.Avoid any ex parte contact with the individual or property owner whose rights are under consideration; b.Avoid any public or private statements in advance of a scheduled hearing that would suggest that the Councilmemberhas decided the issue before t he hearing -. RESOLUTION - 2 Imv/am2062.rea 4/3/02 3.Ex parte Communication.Consistent with RCW 42.36.060,if any Councilmember has had ex parte communications with opponents or proponents with respect to a quasi -judicial matter,that Councilmember must disassociate him/herself from the proceedings,unless: a.That Councilmember places on the record the substance of any written or oral ex parte communications concerning of the action;and b.The Presiding Officer makes a public announcement providing for an opportunity for any party to rebut the substance of the ex parte communication. 4.Conflict of Interest.Councilmembers that disassociate themselves from participating in a public hearing due to the application of the Appearance of Fairness Doctrine or a conflict of interest,shall leave the Council Chambers . F.Voting..- 1.Method.Unless otherwise provided for by statute, ordinance,or resolution,all votes shall be taken by voice;except that at the request of any Councilmemberor the Mayor,a roll call vote shall be taken by the Mayor. 2.Tie Vote.In case of a tie vote on any proposal, the proposal shall be considered lost.This shall not prevent the Mayor from breaking a tie vote as provided by law. 3.General.Each Councilmember shall vote on all questions put to the Council,unless a conflict of intere~t or an appearance of fairness question under state law is present.Unless a member of the Council states that he or she is abstaining, his or her silence shall be recorded as an affirmative vote.Except where a Councilmember excuses himself or herself due to a conflict of interest or appearance of fairness issue, abstention from voting shall be counted as a vote in favor on a motion. 4.Reconsideration.Any Councilmember who was absent from a meeting or any Councilmember who voted on the prevailing side of a motion may move for reconsideration of a matter when all Councilmembers are present. RESOLUTION - 3 /mv/alll2062.res 4/3/02 .. ,, G.Adjournment.Council meetings (including any executive sessions)shall adjourn at or before 11:00 p.m.;except the time may be extended to a later time certain upon approval of a motion by a councilmember. III.Officers: A.Presiding Officers.The Mayor,or in his or her absence the Mayor Pro Tern,shall be the Presiding Officer of the Council.In the absence of both the Mayor and the Mayor Pro Tern,the Council shall appoint one of the members of the Council to act as a temporary Presiding Officer. B.Presiding Officer's Duties.It shall be the duty of the presiding Officer to: 1.Call the meeting to order. 2.Keep the meeting to its order of business. 3.Control discussion in an orderly manner by: a.Giving every Councilmember who wishes an opportunity to speak when recognized by the Chair; b.Permitting citizen comments at the appropriate times;and c.Requiring all speakers to speak to the question and to observe the rules of order. 4.Decide all questions of order,subject to the provisions of Section I above... IV.Committee Appointments.The Mayor shall make appointments of Councilmembers to all standing commi t.t.ees ..However ,in the event Counci l membe r's wish to trade committee assignments, they may do so by mutual agreement. V.Council Meetings. A. Open to the Public.All Council Meetings shall comply with the requirements of the Open Meetings Act (RCW 42.30).All Meetings of the Council shall be open to the public.The City shall comply with the provisions of law regarding notice of public meetings. B.Type of Meetings. 1.Regular Meetings.The Council shall hold their Regular Meetings on the first,second,third and fourth Mondays of the month between 7:00 p.m.and RESOLUTION - 4 Imv/am2062.res 4/3/02 11:00 p.m.Workshop meetings shall adjourn not later than 9:30 p.m.unless extended by motion of a City Councilmember.Should any Monday fallon a legal holiday.the meeting shall be held at the same hour and place on the ne~t 'working day. 2.Workshops.The Council shall hold workshop meetings on the first and third Monday of each month commencing at 7:00 p.m.If there is no business for which a workshop is needed.the workshop meeting may be canceled.The Council may also hold workshops on such dates that work best with the schedules of the Mayor and a majority of the Council.These meetings will be informal meetings for the purpose of more prolonged discussion of issues and topics selected by the Council.Mayor or Chief Administrative Officer. No public comment shall be received at such workshops.Workshops may be held jointly with advisory Boards and Commissions to the Councilor with other public entities. 3 .Special Meetings.Special Meetings may be called by the Mayor by telephone call or by written notice delivered to each member of the Council at least twenty-four hours before the time specified for the proposed meeting.Proper notice shall also be given to the news media.When notice is given by telephone.a Councilmember must confirm receipt of a voicemail message for notice to be effective.Special Meetings shall also be called by the Mayor upon the written request of any three members of the Council.The notice of such Special Meetings shall state the ~ubjects to be considered.and no subjects other than those specified in the notice shall be considered. Where reasonable'attempts have been made to give all Councilmembersnotice of a special meeting,as provided above,such meeting may be held so long as a quorum is present for such meeting. C.Executive Sessions. 1.General.The Council may hold Executive Sessions from which the public may be excluded,for the purposes set forth in RCW 42.30.110.Before convening an Executive Session,the Presiding Officer shall announce the general purpose of the session and the anticipated time when the session will be concluded.Should the session require more time,a public announcement shall be made that the session is being extended. 2.Confidentiality.Councilmembers shall keep RESOLUTION - 5 /mv/am2062.res 4/3/02 confidential all written materials and verbal information provided to them during Executive Sessions.Confidentiality also includes .i.nfcrma t i on'provided to Councilmembers outside of -Executive Sessions when the information is -consideretl to be exempt from disclosure by State law or when it is subject to the attorney-client privilege. 3.Ex carte Contact.If the Council,after Executive Session,has provided directIon to City staff on proposed terms and conditions for City business, all contacts with any other party should be done by the designated City staff representative handling the issue.Councilmembers should obtain the permission of the Mayor prior to discussing the information with anyone other than other Councilmembers,the City Attorney or City staff designated by the Mayor.Any Councilmember having any such contact or discussion needs to make full disclosure to the Mayor and/or Council in a timely manner. D.Meeting Place.Regular Council Meetings will be held at the Public Safety Building at 1635 Grove Street. Workshops and Special Meetings will usually be held at the same location,but may be held at other appropriate locations,with proper notice. E.Council Agenda. 1. RESOLUTION - 6 Imv/cmproc.res Order of Business.No Legislative item shall be voted upon which is not on the agenda as approved by the Council at the meeting.The order of business for each Regular Meeting shall be ordinarily as follows unless modified by motion of Council: a.Call to Order/Flag Salute b.Minutes of Previous Meetings c.Citizen Comments on items not on Agenda d.Petitions and Communications e.Consent Agenda f.Action Items g.Discussion Items h.Information Items i.Adjournment j.Executive Session k.Reconvene 1.Adjournment Placement of Matters on Agenda by Councilmembers. A Councilmembermay propose to place a topic on an upcoming City Council Agenda in the form of a motion.A Councilmembermay also fill out a ----------------------------------- Request Form if he or she wishes to have the subject placed on the Agenda for the making of a motion.The filling out of a Request Form will be used only to let the other Councilmembersknow that a motion will be made to place th~matter on an upcoming Agenda.If the motion receives a second then a vote is taken.If the motion passes the Councilmember may then provide to the City Clerk (or designee)whatever information is pertinent to the subject.Such information will be included in the materials for the upcoming meeting.City staff may also provide information that would be useful to the Council in their deliberations.At times it may be necessary where an issue is complex to inform the Council that more time may be needed to prepare staff materials or that there may be some unanticipated costs in producing relevant information to the Council. 3.Consent Agenda.Matters shall be placed on the Consent Agenda which:(a)have been previously discussed by the Council,or (b)based on the information delivered to members of the Council by the administration,can be reviewed by a Councilmember without further explanation,or (c) are so routine or technical in nature that passage is likely.The motion to adopt Consent Items shall be non-debatable and have the effect of ~·moving to adopt all items.Prior to entertaining a motion to adopt the Consent Agenda the Mayor shall inquire whether there are any members of the audience who want to comment on any matter which is on the Consent Agenda.Any member of the Council shall have the right to remove any item. Therefore,under the item "Appr-ove the Agenda Contents and Order,"the Mayor shall inquire if any Councilmemberswish ·an item to be withdrawn from the Consent Agenda.If any matter is withdrawn,the Mayor shall place the item following the consent agenda for deliberation and possible action. VI.Public Testimony and Comments. A.Oral and Written Comments. 1.General.The Council shall not take public comments at the Regular Meeting except for testimony given at a Public Hearing;provided that any person may speak under "Citizen Comments on items not on the Agenda"for no more than three minutes.The three-minute limit may be extended by consensus of the Mayor and majority of the Council.If there is an item on the agenda on RESOLUTION - 7 Imv/cmproc.rcs 1...._-----------------------------_. .. which a citizen wishes to comment,the citizen should ask during the "Citizen Comments on items not on the Agenda"period if the Council will allow comment on a particular item.The Mayor will d~cide,with the concurrence of Council, whether comment will be allowed,and if so,it will be taken after the Staff presentation,but before Council action on that item. 2.Identification of Speakers.Persons testifying or providing comments shall identify themselves for the record as to name,address,and organization. 3.Time Limitations.Individuals will be allowed three (3)uninterrupted minutes to speak. Providing that all individuals are allowed to speak at the hearing,if time permits another three (3)minutes may be allowed for added comment.At the discretion of the Mayor,with the concurrence of Council,additional time for receipt of oral and written testimony may be allowed.The Clerk or Mayor shall be the timekeeper. At a quasi-judicial hearing,the burden of proof generally lies with the applicant or appellant of the action before the Council.During the public testimony portion of the hearing,the applicant and the applicant's advisors will have the opportunity for rebut~al to opposing testimony. 4.Quasi-Judicial Items.A quasi-judicial action is an action of the Council which determines the legal rights,duties,or privileges of specific individuals or properties,such as rezones or plat approvals. The order of business for a quasi-judicial hearing shall generally be as follows: a.Appearance of Fairness Query b.Swearing in c.Staff presentation d.Board or Commission recommendation e.Applicant's statement f.Council's questions of Staff,Commission,and Applicant g.Citizens'testimony h.Rebuttal by Applicant 1.Public testimony closed j.Council deliberation k.Council action 5.Written Comments.Written materials may be RESOLUTION -B Imv/cmproc.res l submitted to the Council at the Regular Meeting at which an issue is to be considered,however the Council may not be able to consider such written comments at that time.In order for written comments to reach the Council for consideration prior to the meeting or hearing,they should be filed with the Clerk no later than 1 p.m.of the Wednesday preceding the Regular Meeting for distribution to the Council with the regular agenda packet. VII.Periodic Review.It is the intent of the City Council that council procedures be periodically reviewed as needed,but no less that every two years.Therefore Council procedures shall be reviewed in the month of January of every even numbered year,and may be amended at any other time that the Council shall choose. VIII.Effect/Waiverof Rules.These rules of procedure are adopted for the sole benefit of the members of the Council and the Mayor to assist in the orderly conduct of Council business.These rules of procedure do not grant any right or privileges to specific members of the public.Failure of the City Council to adhere to these rules shall not result in any liability to the City,its officers,agents,and employees, nor shall failure to adhere to these rules result in invalidation of any Council act.The City Council may,by a majority vote,determine to temporarily waive or suspend any of the provisions herein. IX.Repealer.All prior practices,policies,rules or resolutions of the Council which are inconsistent with this resolution are hereby REPEALED.Resolution No. 2062 is hereby REPEALED for the reason that it is replaced by this resolution... Council and APPROVED by the Mayor this ,2002. ATTEST: BY~I&uUA-/. CITY CLERK Approved as to form: By/J~r:-.~ CITY ATTORNEY RESOLUTION - 9 Imv/cmproc.res