HomeMy WebLinkAboutR-2461 - Related to procedures for the conduct of business at Council Meetings, and repealing resolution No. 2396CITY OF MARYSVILLE
Marysville, Washington
RESOLUTION NO. }. i 6 I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, RELATED TO PROCEDURES FOR THE CONDUCT OF
BUSINESS AT COUNCIL MEETINGS, AND REPEALING RESOLUTION NO. 2396.
WHEREAS, RCW 35A.12.120 gives the City Council the power to establish rules of
conduct for their meetings; and
WHEREAS, the Council has reviewed its current procedures and determined that they
should be changed due to changed circumstances; and
WHEREAS, a comprehensive procedure for Council Meetings will provide the most
expedient means of conducting Council Meetings; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARYSVILLE 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.
A) Censure. Councilmembers must deport themselves in a manner that protects the
institutional integrity of the Marysville City Council, its proceedings, and its reputation and
instills public confidence in the Council's decision making process.
1) Any City Councilmember may bring a motion for a censure hearing if he or she
has evidence that forms a reasonable basis to believe that another Councilmember has
acted in a manner that demonstrates contempt for the institution of the City Council
or discredits the City Council. The motion must cite specific facts forming the basis
for the belief and may be in writing. The Mayor shall not vote on a motion for a
censure hearing.
2) If such motion receives a second and is approved by a majority of
Councilmembers present, a hearing will be held at the next regular Council meeting
or at such other regular or special Council meeting as the Council decides. The
accused member shall be afforded sufficient time to defend against the accusation.
3) The hearing will be held in executive session unless the accused Councilmember
requests that the hearing be public. The Council shall determine the rules to govern
the hearing, but will provide the accused Councilmember the right to present and
rebut evidence. At the conclusion of the hearing the Council will reconvene in open
session.
4) If the evidence presented at the hearing showed that the Councilmember acted in a
manner that demonstrated contempt for the City Council or brought discredit on the
City, any Councilmember may move that a resolution of censure be prepared. At
least five Councilmembers must vote in favor of the motion to prepare a resolution of
censure or the motion fails. Alternatively, if the evidence showed that the
Councilmember did not act in a manner deserving of censure, any Councilmember
may move to exonerate the accused Councilmember following the hearing. A motion
to exonerate may be approved by a majority of Councilmembers present. The Mayor
shall not vote on a motion to prepare a resolution of censure or a motion to exonerate.
5) If the Council votes to prepare a resolution of censure, such a resolution will be
prepared reciting the facts that support the censure of the Councilmember. The
accused Councilmember will be directed to appear at a future Council meeting at
which meeting the resolution will be considered. At least five Councilmembers must
vote in favor of a resolution of censure or the resolution fails. If the resolution is
approved, it shall be read publicly, and the Councilmember shall not make any
statement in support of, or in opposition thereto, or in mitigation thereof. The
resolution of censure shall be read at the time it is scheduled whether or not the
Councilmember appears as required.
II) Organization:
A) Swearing in of New Councilmembers. Newly elected Councilmembers shall be sworn in
as provided by state law.
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. The Mayor
Pro Tern may also be known and referred to as the "Council President".
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.
D) Attendance and Excused Absences.
1) Councilmembers. RCW 35A.12.060 provides that a Councilmember shall forfeit his
or her office by failing to attend three consecutive Regular Meetings 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 Council President, or 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.
The Council may give consideration to approval of an extended absence for matters
that are beyond the reasonable control of the Councilmember such as for a serious
illness, by entertaining a motion to excuse.
2) City 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) Right 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) Hearings. 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 Council
members shall:
(a) Avoid any ex parte contact with the individual or property owner whose rights are
under consideration;
(b) A void any public or private statements in advance of a scheduled hearing that
would suggest that the Councilmember has decided the issue before the hearing.
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 Council member must disassociate him/herself from the
proceedings, unless:
(a) That Council member 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 Councilmember or 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 interest 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.
4) Reconsideration. Any Council member 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.
G) Adjournment. Regular 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: With the Mayor Pro Tern acting as the lead, the Council shall
make appointments of Councilmembers to all standing committees.
V) Council Meetings:
A) Open to 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 regular Meetings meetings on
the first, second, tfliffi-and fourth Mondays of the month between commencing at 7:00
p.m. and adjourning not later than 11 :00 p.m. unless extended by vote of the Council.
Should any Monday fall on a legal holiday, all regular meetings shall be held at the
same hour and place on the next working day. Effective January 4, 2012 the third
workshop meeting of each month has been suspended until further action by the City
Council.
2) Workshops. The Council shall hold workshop meetings on the first and third-Monday
of each month commencing at 7:00 p.m. Workshop meetings shall adjourn not later
than 9:30 p.m. unless extended by metion of a City Cm::lflei-lmemeer vote of the
Council. Except with the vote of a majority of Council, no public comment shall be
received at such workshops. If there is no business for which a workshop is needed,
the workshop meeting may be canceled. The Council may also hold workshops which
shall be scheduled as a special meeting on such dates that work best with the
schedules of the Mayor and a majority of the Council. These meetings will be in
formal meetings for the purpose of more prolonged discussion of issues and topics
selected by the Council, Mayor or Chief Administrative Officer. Workshops may be
held jointly with advisory Boards and Commissions to the Council or with other
public entities.
3) Special Meetings. Special Meetings meetings may be called by the Mayor by
communication via an e-mail with response required to each member of the Council at
least twenty-four hours before the time specified for the proposed meeting. If no response
is received, the City will make reasonable attempts to contact the Councilmember by a
phone call to the Councilmember's residence. Proper notice shall also be given to the
news media. A Special special Meetings meeting shal:l-may_also be called by the Mayor
upon the written request of any four members of the Council. The notice of sush-~
Speeial-special Meetffigs-meeting shall specify the time and place of the special meeting
and the business to be transacted state-the--subj€€-ts-te-0e considefed, and no final action
shall be taken on any subject other than those specified in the notice. Where reasonable
attempts have been made to give all Councilmembers notice of a special meeting, as
provided above, such meeting may be held so long as a quorum is present-fer-stte-fl
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 or designee shall announce the general
purpose of the session, the anticipated time when the session will be concluded and
whether action will be taken on any item. Should the session require more time, a
public announcement shall be made that the session is being extended.
2) Confidentiality. Councilmembers shall keep confidential all written materials and
verbal information provided to them during Executive Sessions. Confidentiality also
includes information provided to Councilmembers outside of Executive Sessions
when the information is considered to be exempt from disclosure by State law or
when it is subject to the attorney-client privilege.
3) Ex parte 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 paiiy 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 City Hall at 1049 State
A venue. 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) 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
(b) Invocation/Pledge of Allegiance
( c) Roll Call
(d) Committee Report
( e) Presentations
(t) Audience Participation
(g) Approval of Minutes
(h) Consent Agenda
(i) Review Bids
U) Public Hearings
(k) New Business
(1) Legal
(m) Mayor's Business
(n) Staff Business
( o) Call on Councilmembers
(p) Adjournment
( q) Executive Session
(r) Reconvene
(s) Adjournment
2) Placement of Matters on Agenda by Councilmembers. A Councilmember may
propose to place a topic on an upcoming City Council Agenda in the form of a
motion. A Councilmember may 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 Councilmembers know that a motion
will be made to place the 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 "Approve the Agenda Contents and Order," the Mayor
shall inquire if any Councilmembers wish 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.
I) 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" and on items on the agenda for
which no public comment is planned 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 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 decide, 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.
In cases where a representative is speaking on behalf of a group of persons who are
present at the meeting, at the discretion of the Mayor, giving consideration to the
issue at hand and the time available and with the concurrence of Council, part or all
of the three minutes that each person in the group would have had to speak may be
allocated to the representative of the group.
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 oppmiunity for
rebuttal 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) Citizen's testimony
(h) Rebuttal by Applicant
(i) Public testimony closed
(j) Council deliberation
(k) Council action
5) Written Comments. Written materials may be 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 . Written materials may also be filed
with the City Clerk for Council consideration up to and including at the Regular
Meeting.
VII) Periodic Review: It is the intent of the City Council that council procedures be periodically
reviewed as needed, but no less than ev ery tw o years. Therefore, Coun ci l procedures shall be
reviewed in the month of Janu ary of every even n umbered year, and may be amended at any
other time that the Council shall choose .
VIII) Effect/Waiver of 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 resul t
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. 2342 is hereby
REPEALED for the reason that it is replaced by this resolution.
PASSED by the City Council and APPROVED by the Mayor this Zb ~day of
1-::=e ,/;i OA Ccw" 7 ' .. ~H"6~~1'11>\I""
I ;i.01q
CITY OF MARYSVILLE
By ~w...' JNNEHRING, M ~OR
:~est -ii V19\._ & cL
APRI L O'BRIEN , DEPUTY CITY CLERK
-n ViA..,, 6t'.-l>t:-L
Approved as to
JON