Resolution 14-003 Governance Manual CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
RESOLUTION NO. 14-003
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, REPEALING AND REPLACING CITY OF SPOKANE VALLEY
RESOLUTION 13-005 WITH ATTACHED 'GOVERNANCE MANUAL' COMPRISING THE
CITY COUNCIL'S COMPREHENSIVE COLLECTION OF MEETING RULES AND
PROCEDURES,AND OTHER MATTERS RELATING THERETO.
WHEREAS, written rules of procedure regarding how the City Council conducts its policy-
making business for the City best assure an atmosphere conducive to efficiency, uniformity and
consistency; and
WHEREAS, the rules and procedures adopted by the Council by which they conduct the policy-
making business of the City need to be amended from time to time to reflect changes in the law and
practice of the Council.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington,as follows:
Section 1: On April 23, 2013, Council adopted Resolution 13-005 repealing and replacing the previously
adopted City of Spokane Valley Resolution 12-002 with Attached Governance Manual.
Section 2. The Council hereby repeals Resolution 13-005 with Attached Governance Manual, and
replaces it with "City of Spokane Valley Governance Manual," which contains Appendices to that
Manual, including but not limited to, the formerly adopted "General Policy Resolution of Core Beliefs,"
as well as "Councilmembers' Statement of Ethics," all of which is attached hereto and incorporated
herein.
Section 3. Effective Date. This Resolution shall be in frill force and effective upon adoption.
Adopted this 25th day of February, 2014.
ATTEST:
s Dean Grafos,Mayor /
uistine Bainbridge, City Clerk
Approved as to .;orin: ,/titijti
Office d[/the City • . iey
SCITY OF
pokane
Governance Manual
Resolution 14-003
A Comprehensive Collection of
Rules and Procedures
Adopted February 25, 2014
Resolution 03-028 adopted 5-13-2003, replaced by
Resolution 04-013 adopted 5-25-2004,replaced by
Resolution 05-021 adopted 9-13-2005, replaced by
Resolution 06-022 adopted 11-14-2006, replaced by
Resolution 07-020, adopted 12-11-2007,replaced by
Resolution 09-012, adopted 09-08-2009,replaced by
Resolution 10-020, adopted 12-28-2010,replaced by
Resolution 12-002, adopted 04-10-2012,replaced by
Resolution 13-005, adopted 04-23-2013,replaced by
Resolution 14-003, adopted 02-25-2014
1
TABLE OF CONTENTS
CHAPTER 1: Council Meetings 4
A. General 5
1. Time and Location 5
2. Open to the Public 5
3.Presiding Officer 5
B. Types of Meetings 6
1. Regular Meetings 6
a. Formal Format 6
b. Study Session Format 9
c. Executive Sessions 10
2. Special Meeting 11
3. Pre-Agenda Meeting 12
C, Meeting Rules and Procedures 13
1. Council Rules of Order 13
2, Quorum 13
3. Attendance,Excused Absences 13
4. Respect and Decorum 13
5. Seating Arrangement 13
6. Dissents and Protests 13
7, Councilmember Meeting Participation by Telephone/Video Conference 13
8.Internet Use 14
9. Adjournment Due to Emergency or Disruption 14
10. Permission Required to Address the Council 15
11. Approaching the Dais 15
12. Out of Order Requests 15
13.Photographs,etc.Requiring Artificial Illumination Prior Permission Required 15
14,Voting 15
15. Motions and Discussion 16
Table of Parliamentary Procedure at a Glance 17
16. Ordinances 18
17.Resolutions 18
19.Reconsideration 18
19, Council Materials/packets 19
20. Three Touch Principle 20
CHAPTER 2: Legislative Processes and Procedures 21
A. Election of Council Officers 22
B. Filling Council Vacancies 22
C. Legislative Agendas 25
D. Council Travel Provisions 25
E. Ballot Measures 26
CHAPTER 3: Council Contacts 27
A. Citizen Contacts and Interactions 28
1. Mayor/Council Correspondence 28
2. Citizen Concerns, Complaints and Suggestions to Council 28
3. Administrative Complaints to Individual Councilmembers . 28
4. Social Media 28
5. Donations 28
B. Staff Contacts and Interactions 29
2
1.Role of the City Manager 29
2. City staff Attendance at Meetings 29
3. City Clerk—Minutes 29
4.Administrative Interference by Councilmembers 29
5.Informal Communications Encouraged 30
CHAPTER 4: Hearings 31
A. General Public Hearings 32
1. Purpose 32
2. Legislative Hearings 32
B. Quasi-Judicial 33
1.Purpose 33
2. Specific Statutory Provisions 33
3. Actions/Procedures for a Quasi-Judicial Public Hearing 33
4.Appearance of Fairness Doctrine 35
CHAPTER 5: Committees,Boards,Commissions 37
A. Regional 38
1. Committees 38
2. Council Relations with Boards, Commissions,Advisory Bodies 38
B. In-house 38
1. Standing Committees 38
a.PIanning Commission 38
b.Lodging Tax Advisory Committee 39
c.Finance Committee 39
C. Private Committees, Boards, Commissions 41
CHAPTER 6:Disclaimer 42
A. Purpose 42
B. Use ..... 42
C. Reliance 42
Appendices:
A. Definitions 43
B. Frequently Used Acronyms 44
C. Chart of Council Comments/reports 47
D. Policy Resolution of Core Beliefs 48
E Statement of Ethics 50
F. Index 51
Endnotes 53
3
CHAPTER 1
Council Meetings
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A. General
1. Council Meetings-Time and Location
Unless otherwise specified in a meeting notice, regular meetings of the City Council shall be held at
Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m.
2. 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 42.30.1101 (Executive Sessions), or RCW 42.30.140 2 (Open Public Meetings Act).
Councilmembeis will notify appropriate staff of Councilmember's plans to attend any of the various
outside public meetings hosted by other organizations or agencies, or City meetings hosted by various
City Departments, so that notice may be published concerning such attendance in order not to risk any
real or perceived violation of the Open Public Meetings Act.
3. 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 unless
specifically set forth herein. 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 majority vote of the remaining
members of the Council, shall act as Mayor during the continuance of the absences [RCW 35A.13.0353].
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.
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B. Types of Meetings
1. Regular Meeting
Any Council meeting that meets in the Spokane Valley City Council Chambers on Tuesday at 6:00 p.m.
shall be deemed a"regular meeting."
a. Formal Format
1. Normally held 2nd and 4th Tuesdays. The City Clerk, under the direction of the City Manager
in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business
and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday
Council meeting, or at the close of business at Ieast 24 hours preceding a special Council meeting, a copy
of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager,
appropriate staff, and the media who have filed a notification request. Agendas may be amended as
required, and expeditiously distributed to Council and appropriate staff.
2. Requests for presentations to be scheduled on any Council agenda imply that the presentation
is the official business of the City, and such requests should be submitted to the City Clerk at least ten
days prior to the appropriate Council meeting. The City Clerk will consult with the City Manager and the
Mayor for a determination of whether the matter is an administrative issue, and whether it should be
placed on an upcoming Council agenda. Playing of video tapes,DVD's, PowerPoints, or other electronic
presentations shall be pre-screened and pre-approved by the City Manager or designee who shall
determine the appropriateness of the material. In the event the presenter has no PowerPoint or other
material to submit prior to the meeting, the presenter shall be requested to provide a brief written
summary of the topic and items to be discussed. All written materials, including the written summary,
must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting.
3. 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)" unless waived by the Presiding Officer.
4. Order of Business. The business of all regular formal meetings of the Council shall be
transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting,
rearrange items on the agenda to conduct Council business more expeditiously,without the necessity of a
formal action or motion. However, adding or removing items from the agenda once a meeting has been
called to order requires Council to make a motion and vote on approving the"amended agenda."
a. Call to Order by the Presiding Officer.
b. Invocation.
c. Pledge of Allegiance.
d. Roll Call. (See Chapter 1, C3 [page 131 for procedure to excuse an absence)
e. Approval of Agenda. In case of an emergency or an extremely time-sensitive issue which
neither the administration nor the entire Council was aware of prior to the distribution of the
agenda and accompanying materials, a new item may be introduced by the Presiding Officer,
three Councilmembers, or the City Manager and suggested as an amended agenda item for the
present meeting. If a new item(s) is added, Council will then consider a motion to approve the
amended agenda. ("Three-Touch Principle"should be followed whenever possible.)
f. Introduction of Special Guests and Presentations.
g. Councilmerrrber Reports. Council or government-related activities(e.g. synopsis of committee,
commission, task force or other board meetings). These verbal reports are intended to be brief,
city work-related reports of significance in keeping the Council informed of pertinent policy
issues or events stemming from their representation of the City on a regional board, committee,
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task force or commission, whether as a formal member or as a liaison. Extended reports shall be
placed as future agenda items for presentation or submitted in writing as an informational memo.
(See Appendix C for chart concerning Council comments and reports)
h. Mayor's Report.
i. Public Comments.
1. An opportunity for public comments on subjects not on the agenda for action(as well
as comments connected with action items) are limited to three minutes each unless modified by
the Presiding Officer. Although the City Council desires to allow the opportunity for public
comment, the business of the City must proceed in an orderly, timely manner. At any time the
Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are
necessary to prevent disruption or undue delay of other necessary business.
a. Subjects Not on the Current Agenda. The Presiding Officer may invoke a
sign-in procedure for speakers. Any member of the public may request time to address
the Council. Speakers shall state their name and city of residence,and the subject of their
comments, and spell their Iast name for the record. The Presiding Officer may allow the
verbal comments subject to such time limitations as the Presiding Officer deems
necessary. Following such verbal comments, the Presiding Officer may place the matter
on a future agenda, or refer the matter to administration for investigation and report.
b. Subjects on the Current Agenda. Any member of the public who wishes to
verbally address the Council on an action item on the current agenda, shall proceed to the
podium at the time when comments from the public are invited during the agenda item
discussion. The Council may hear such comments before or after initial Council
discussion. The Presiding Officer may also invoke a sign-in procedure. If necessary the
Presiding Officer in consultation with the City Manager and/or City Attorney shall rule
on the appropriateness of verbal public comments as the agenda item is reached. The
Presiding Officer may change the order of speakers so that comment is heard in the most
logical groupings.
c. Comments shall only be made from the podium microphone, first giving
name, city of residence and subject.No comments shall be made from any other location,
and anyone making "out of order" comments shall be subject to removal from the
meeting. The public shall be reminded that this is not an opportunity for dialogue or
questions and answers, but public comment. When appropriate, staff will research issues
and report back to those making the comment as well as to Council. Verbal public
comments are opportunities for speakers to briefly address Council, and those speaking
are to address members of Council and not the audience. Since this is an opportunity for
verbal public comment, in the interest of time and keeping in mind all documents
submitted during Council meetings become the property of the City, graphs, charts,
posterboards, PowerPoint presentations, or other display materials will not be allowed,
although written comments and written materials including photographs and petitions,
may be submitted to Council via the City Clerk.
d. There will be no demonstrations applause or other audience participation
before, during or at the conclusion of anyone's presentation. Any disruptive behavior, as
determined by the Presiding Officer, shall be cause for removal from the meeting room.
e. Any ruling by the Presiding Officer relative to the subsections I and 2 above
may be overruled by a vote of a majority of Councilmembers present,
f. Council shall not permit public comments if they relate to any matter upon
which a quasi-judicial hearing has been required, scheduled, or held. (See Chapter 4 for
procedure for taking public comment on legislative matters.) Unless solicited and
scheduled, comments shall not be permitted relative to any future or possible/probable
future ballot issue. (See Chapter 2, E Ballot Measures for further direction concerning
ballot measures.)
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2 Written Public Comments. Citizens have the option of submitting written views,
opinions, comments, data and arguments to Council on any topic and at any time, not just prior
to or during public Council meetings. Unless the citizen reads their own prepared written
comments, such comments will not be read aloud during regular or special Council meetings
although they will be included as part of the public record on the topic and if appropriate,may be
publicly acknowledged. Any written comments submitted to Council via the City Clerk will be
distributed to Council by placing copies at each Councilmember's workstation or City desk; or in
the case of e-mailed or other electronic comments, will be forwarded to Council via e-mail. If
individual Councilmembers receive written (including electronic) public comments or materials
for the purpose of reading/sharing those materials during Council meetings, those materials
should be submitted to the City Clerk prior to the Council meeting so the Clerk can make copies
for later distribution to members of Council. (See #6 above and Chapter 2, Ballot Measures; see
also Public Hearings section regarding public comments.)
Councilmembers will avoid accessing any electronic message during Council meetings.
Accessing such communication could be construed as receiving public comment without the
benefit of having the citizen in person to address their concerns. (See also C8 lnternet Use)
j. Public Hearings. (See Chapter 4 for procedural details)
k. Consent Agenda.
1. Items which may be placed on the Consent Agenda are those which: (1)have
been previously discussed by the Council; (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 nonsubstantive in nature that passage
without discussion is likely; or(4)otherwise deemed in the best interest of the City.
2. The proper Council motion on the Consent Agenda is: "I move approval of
the Consent Agenda." This motion will have the effect of moving to approve all items on
the Consent Agenda. Since approval 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 approve the
Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an
item to be withdrawn from the Consent Agenda, If any matter is withdrawn,the Presiding
Officer shall place the item at an appropriate place on the agenda for the current or a
future meeting,including addressing the issue immediately after passage of the remaining
items on the Consent Agenda.
1. Unfinished Business [includes matters that were pending when a previous meeting adjourned,
or matters specifically postponed to the present meeting.]
m, New Business. [Action items are designated as New Business]
n. Public Comments. [Same as "i"above] (Three-minute time limit each)
o. Administrative Reports. Reports or tracking of an administrative issue or topic.
p. Information Only Items. These items will generally not be discussed or reported.
q. City Manager Comments.
r. Executive Session (as required). (See Chapter 1, section Blc below)
s. Adjournment. No Council meeting should be permitted to continue beyond approximately
9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall
be established before taking a Council vote to extend 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 regular formal Council meeting, unless the Council by a majority vote of
members present determines otherwise.
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b. Study Session Format
1. Normally held 151, 3rd and 5th Tuesdays. The purpose of the study session format 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. Study sessions shall be in a less formal setting than regular formal
meetings. Council may be seated other than at the dais, but shall not discourage public observation.
Unless there are designated action items which permit public comment, there will be no public comment
at study sessions although the Council may request staff or other participation in the same manner as a
regular formal Council meeting. The City Clerk, under the direction of the City Manager, shall arrange a
Council study session agenda for the meeting. For each item, the agenda shall contain the discussion
subject, the discussion leader, the activity and the discussion goal. A copy of the agenda and
accompanying background materials shall be prepared for Councilmembers, the City Manager,
appropriate staff and the press, on or before 430 p.m., one day before the meeting. Councilmembers have
the option of accessing their Council packet via the City's website. Unless notified otherwise, the City
Clerk will prepare a hard copy agenda packet for individual Councilmembers. During a Council meeting,
the Presiding Officer may rearrange items on the agenda to conduct Council business more expeditiously
without the necessity of a formal action or motion. However, adding or removing items from the agenda
once a meeting has been called to order requires Council to make a motion and vote on approving the
"amended agenda."
a. Voting.
1. Action Items on the Agenda. Although action items may occasionally be
included on a study session agenda, it is the practice of Council to keep those instances to
a minimum. Because a study session is a recognized meeting according to the "Open
Public Meetings Act," it is permissible for Council to take final action during these
meetings.
2. Non-action Items on the Agenda. Because study sessions are usually
understood by the public and media as referring to meetings at which Council will only
consider and discuss items and not take final action or vote, it could be misleading to the
public as to the purpose of the meeting if a motion is made unexpectedly. As it is
Council's practice to invite public comment after most motions, it would be inappropriate
to make a"surprise"motion unless there is a rare special circumstance.Voting or making
a motion when neither is included on an agenda does not violate state law, but for
consistency sake and to avoid any surprises to the public and media, the practice is
discouraged.
2. Discussion Leader's Role. During the Council study session, the discussion leader should
introduce the subject and give background information, identify the discussion goal, act as facilitator to
keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to
schedule the topic for a motion or official direction of the Council.
3. The role of the Presiding Officer is to facilitate Councilmembers engaged in free flowing
discussion without the necessity of each Councilmember being recognized by the Presiding Officer. The
Presiding Officer retains the option of assuming the function of the discussion leader at any time in order
to maintain decorum and ensure all Councilmembers have the opportunity to be heard, and to keep the
discussion properly focused.
4. Requests for presentations to be scheduled on any Council agenda imply that the presentation
is the official business of the City, and such requests should be submitted to the City Clerk at Ieast ten
days prior to the appropriate Council meeting. The City Clerk will consult with the City Manager and the
Mayor for a determination of whether the matter is an administrative issue, and whether it should be
placed on an upcoming Council agenda. Playing of video tapes,DVD's, PowerPoints, or other electronic
presentations shall be pre-screened and pre-approved by the City Manager or designee who shall
determine the appropriateness of the material. In the event the presenter has no PowerPoint or other
9
material to submit prior to the meeting, the presenter shall be requested to provide a brief written
summary of the topic and items to be discussed. All written materials, including the written summary,
must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting.
5. Council Comments. The purpose of this agenda item is to allow Councilmembers an
opportunity to report on an activity or key issue which either just arose, needs immediate or imminent
action, or to simply report on something in connection with their role as a Counci member that transpired
since the last Council meeting. It is also an opportunity for Councilmembers to bring up topics for
clarification, or to address other upcoming concerns. (See Appendix C for chart concerning Council
comments and reports.) Pre-scheduled materials Council wishes to share as part of the Council packet,
could also be included on study session agendas under"Council Comments." [See also page 19]
6. City Manager Comments. The purpose of this agenda item is to allow the City Manager the
opportunity to brief Council on an activity or issue which either just arose, needs immediate or imminent
action,or to simply inform Council of items that transpired since the last Council meeting.
7. Forms of Address. Councilmembers and staff have the option of addressing each other on a
first name basis during the study session format meetings.
8, Roll Call. The City Clerk shall conduct a roll call of Councilmembers. (See Chapter 1, C3 for
procedure to excuse an absence)
c. Executive Sessions
1. If Council holds an executive session, it will be held in accordance with the Open Public
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 Presiding Officer shall ask for a motion from
Council to: publicly announce the purpose for adjourning into executive session; the approximate length
of time for the executive session; and the likelihood of Council taking action at the close of the executive
session and return to open session.
a. At the close of the executive session and upon Council's return to chambers, the Presiding
Officer will declare Council out of executive session, and will ask for the appropriate motion (i.e.
an action motion or a motion to adjourn).
b. To protect the best interests of the City, Councilmembers shall keep confidential all verbal and
written information provided during executive sessions. 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 42.524)and/or the
Public Records Act(RCW 42.56).
2. RCW 42.30.110 explains the purpose for holding an executive session,some of which include:
a. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition of real estate by
lease or purchase when public knowledge regarding such consideration would cause a likelihood
of increased price (pending land acquisition);
b. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for public employment or
to review the performance of a public employee. However, subject to RCW 42.30.140(4) (labor
negotiations), discussion by a governing body of salaries, wages, and other conditions of
employment to be generally applied within the agency shall occur in a meeting open to the public,
and when a governing body elects to take final action hiring, setting the salary of an individual
employee or class of employees, or discharging or disciplining an employee, that action shall be
taken in a meeting open to the public; [note that stating that an executive session is to discuss a
10
"personnel matter" is not sufficient because only certain types of personnel matters are
appropriate for discussion in an executive session.] (review qualifications of a public employee)
c. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to
elective office. However, any interview of such candidate and final action appointing a candidate
to elective office shall be in a meeting open to the public (review qualifications of an elected
official)
d. RCW 42.30.110(1)(i). To discuss with legal counsel representing the agency matters relating
to agency enforcement actions, or to discuss with legal counsel_representing the agency litigation
or potential litigation to which the agency, the governing body, or a member acting in an official
capacity is, or is likely to become, a party, when public knowledge regarding the discussion is
likely to result in an adverse legal or financial consequence to the agency.
For purposes of this subsection (1)(i), "potential/pending litigation" means matters
protected by Rules of Professional Conduct(RPC) 1.6 or RCW 5.60.060(2)(a)concerning:
(i) Litigation that has been specifically threatened to which the agency, the governing
body, or a member acting in an official capacity is, or is Iikely to become, a party;
(ii) Litigation that the agency reasonably believes may be commenced by or against the
agency,the governing body, or a member acting in an official capacity; or
(iii) Litigation or legal risks of a proposed action or current practice that the agency has
identified when public discussion of the litigation or legal risks is likely to result in an adverse
legal or financial consequence to the agency.
3. Council may adjourn into executive session even if it is not listed on the meeting agenda.
There is a requirement in RCW 35A.12.1606 that the public be made aware of the preliminamy agendas of
meetings in advance of the meeting, but that does not mean that an item that arises after the agenda has
been posted cannot be discussed at the meeting, even in executive session. Since final action on the
matter would not be taken at the executive session, it would not violate any provision in state law to hold
an executive session at a regular Council meeting even if the executive session was not listed on the
agenda. [per MRSC Index-General Government-Executive sessions.] Although amending the agenda is
not required in order to adjourn into executive session, it is a good practice for the Mayor to announce at
the beginning of the meeting, that Council will be adjourning into an executive session at the end of the
regular meeting.
4. Attendance at Executive Sessions. The City Attorney will be present at executive sessions and
is required to attend executive sessions which address litigation or potential litigation. The question of
who may attend an executive session other than the Council t is determined by the City Manager.
2. Special Meetings
Meetings set at days, times, and places other than Tuesdays at 6:00 p.m. in the Spokane Valley City
Council Chambers shall be deemed "special meetings," such as joint meetings with other jurisdictions or
entities(Board of County Commissioners, Planning Commissioners),and Council workshops or retreats.
A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.1707
,
35A.12.1108). Written notice of the special meeting shall be prepared by the City Clerk. The notice shall
contain information about the meeting, including date, time, place, and business to be transacted and
shall be posted on the City's website and displayed at the main entrance of the meeting location (RCW
42.30.080). The notice shall be delivered to each member of Council at least 24 hours before the time
specified for the proposed meeting(RCW 35A.12.1109).
The notices provided in this section may be dispensed within the circumstances provided by RCW
42.30.08010, that is: (a) As to any member who, at or prior to the time the meeting convenes, files with
11
the City Clerk a written waiver of notice, (b)As to any member who was actually present at the meeting
at the time it convenes, and (c) 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; or as otherwise provided by law.
Agendas shall be drafted in a form submitted by the City Clerk, approved by the City Manager, and
distributed in a manner similar to agendas for formal and study session meetings. The processes and rules
for agenda content apply to regular formal, study session format, as well as special meetings.
Voting:
1. Action Items on the Agenda. Action items may be included on an agenda for a special
meeting, and could even be the reason the special meeting is called. It is the practice of Council to allow
time for the public to comment on action items and the "public comment" should be so noted on the
agenda. As with other types of meetings, Council adheres to the Open Public Meetings Act, therefore it
would be permissible for Council to take final action during these meetings. Action items could be added
during the meeting and the agenda amended accordingly, but the preferred method is to refrain from
adding action items at the last minute to any agenda, since that would not give the public, staff, and press
adequate time to realize public comment would be permitted.
2. Non-action Items on the Agenda. Special meetings are generally more in the form of a
workshop or retreat, and are usually understood by the public and media as times when no action will be
taken. Therefore, it could be misleading to the public as to the purpose of the meeting if a motion is made
unexpectedly. As it is Council's practice to invite public comment after most motions, it would be
inappropriate to make a"surprise"motion unless there is a rare special circumstance. Voting or making a
motion when neither is included on an agenda does not violate state law, but for consistency sake and to
avoid any surprises to the public and media,the practice is discouraged.
3. Pre-Agenda Meetings:
The City Manager, City Clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to go
over the Council agenda of the upcoming meeting, which gives all involved an opportunity to ask
questions and gather any additional materials or research needed for the impending meeting. This meeting
also serves as an opportune time to discuss the Advance Agenda, which is a planning document to aid in
scheduling items on future Council agendas.
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C. Meeting Rules and Procedures
1. Council Rules of Order
The City Clerk shall serve as the official parliamentarian for all Council meetings, and will keep a copy of
the most current"Robert's Rules of Order"(ROHR)in Council Chambers during Council meetings.
2. Quorum
At all regular and special 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 is posted on the exterior Council Chamber doors per
RCW 42,30.09011. Council meetings adjourned under the previous provision shall be considered regular
meetings for all purposes. (RCW 35A.13.170'2,35A.12.120'3)
3. Attendance,Excused Absences
RCW 35A.12.060 14provides that a Councilmember shall forfeit his/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, City
Clerk, or City Manager prior to the meeting and state the reason for his/her inability to attend the meeting.
Following roll call,the Presiding Officer shall inform the Council of the member's absence, and inquire if
there is a motion to excuse the member. This motion shall be nondebatable.Upon passage of such motion
by a majority of members present, the absent member shall be considered excused and the City Clerk will
make an appropriate notation in the minutes.
4. Respect and Decorum
It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices, City
staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum
and a Councilmember shall neither by conversation or otherwise, delay or interrupt the proceedings of the
Council, nor disrupt or disparage any Councilmember while speaking. Councilmembers and the public
shall comply with the directives of the Presiding Officer. Any person making disruptive, disparaging or
impertinent remarks or unreasonably disturbing the business of the Council, either while addressing the
Council or attending its proceedings, shall be asked to cease such disruption, or may be asked to leave, or
be removed from the meeting. At any time during any Council meeting, any Councilmember may object
to personal affront or other inappropriate comments, by calling for a "point of order." After the
Councilmember is recognized by the Presiding Officer and the Councilmember explains their point
concerning respect and decorum, or lack thereof, the Presiding Officer shall rule on the remark and may
ask the person making the disturbance to cease or leave the room. Continued disruptions may result in a
recess or adjournment as set forth in#8 below.
5. Seating Arrangement
Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the
Mayor.
6. Dissents and Protests
Any Councilmember shall have the right to express dissent from or protest verbally or in writing, against
any motion,ordinance or resolution of the Council and have the reason therefore entered or retained in the
minutes.
7. Councilmember Meeting Participation by Telephone/Video Conference
Telephone/video conference participation by Councilmembers may be allowed provided that a quorum of
Councilmembers will be physically present for the Council meeting in question, and provided technical
13
availability and compatibility of electronic equipment enables the conferencing Councilmember(s)to hear
the proceedings, be heard by those present,and participate in Council discussion.
a. Requests to use telephone/video conference participation shall be approved by the Council by
motion. Such participating Councilmember(s)should be present and counted. So as not to disrupt
the Council meeting, adequate notice must be given to allow appropriate setup in time for the
beginning of the meeting.
b. Telephone/video conference participation for voting purposes shall be allowed for public
hearings or any quasi-judicial proceedings, and the requesting Councilmember(s) shall declare
that (s)he has reviewed the associated material (if any) provided for those hearings and/or
proceedings prior to the time the vote will be taken by Council.
8.Internet Use
Use of the City's network systems implies Council is aware of and understands that the system is
provided to assist in the performance of their roles as Councilmembers, and as such, Councilmembers are
obligated to use, conserve and protect electronic information and information technology resources and to
preserve and enhance the integrity of those resources which belong to the citizens of Spokane Valley.
a. As noted on page 8, Councilmembers will avoid accessing any electronic message during
Council meetings. Accessing such communication could be construed as receiving public comment
without the benefit of having the citizen in person to address their concerns. Likewise, Councilmembers
will avoid doing any browsing of the Internet of non-City business during Council meetings in order that
Council's full attention can be given to the topic at hand.
b. Information technology resources are provided for the purpose of conducting official City
business. The use of any of the City's information technology resources for campaign or political use,
unless such use has been determined not a violation of RCW 42.17A.555 by the City Attorney,
Washington State Attorney General, or Washington Public Disclosure Commission, or as otherwise
authorized by law, is absolutely prohibited.
c. Confidential material shall not be sent via e-mail.
d. All letters, memoranda, and interactive computer communication (e-mail) involving
Councilmembers, the subject of which relates to the conduct of government or the performance of any
governmental function, with specific exceptions stated in the Public Records Act(RCW 42.56)are public
records. Copies of such letters, memoranda and interactive computer communication shall not be
provided to the public or news media without filing of a public disclosure request with the City Clerk
e.E-mail communications that are intended to be distributed among all Councilmembers,whether
concurrently or serially, shall be considered in light of the Open Public Meetings Act. If the intended
purpose of an e-mail is to have a discussion that should be held at an open meeting, the electronic
discussion should not occur, and Council discussion should wait until everyone has had ample
opportunity to view the message before including such topic(s) on an upcoming agenda,
9. Adjournment Due to Emergency or Disruption
In the event of an emergency such as a fire or other natural or catastrophic disaster, threatened violence,
or inability to regain good order, the Presiding Officer shall forthwith declare a recess, adjourn, or
continue the meeting, and the City Council as well as everyone in the room shall immediately leave the
meeting room. The Presiding Officer may reconvene the meeting when it has been determined by the
appropriate safety officials that it is safe to do so.
14
10. Permission Required to Address the Council
Persons other than Councilmembers and staff shall be permitted to address the Council upon recognition
and/or introduction by the Presiding Officer or City Manager.
11. Approaching the Dais
Once a Council meeting has been called to order, stepping between the podium and the dais will not be
allowed, and stepping behind any part of the dais, including those parts occupied by staff is also not
permitted. This includes, but is not limited to, video recording, still photography, tape recording, and
distributing written handouts. Council reserves the right to invite anyone forward to the podium to be
addressed by Council.
12. 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
permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion
shall rule on allowing or disallowing the out of order request.
13. Photographs, Motion Pictures or Video Tape Requiring Artificial Illumination — Prior
Permission Required
No overhead projection, photographs, motion pictures, or video tapes that require the use of floodlights,
or similar artificial illumination shall be used by the public at City Council meetings without the prior
consent of the Presiding Officer or the City Manager.
14. 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. At the request of any CounciImember, a roll call vote shall be taken by the City Clerk.
The City Clerk may also request a roll call vote. The order of the roll call vote shall be
determined by the City Clerk.
b. In case of a tie vote on any proposal,the motion shall be considered lost.
c. Every member who was present when the question was put, shall give his/her vote. If any
Councihnember refuses to vote "aye" or"nay,"their vote shall be counted as a"nay"vote unless
the Councilmember has abstained or recused themself due to actual or perceived appearance of a
conflict of interest, which shall be so stated prior to the vote at hand.
d. The passage of any ordinance, grant, or revocation of franchise or license, any resolution for
the payment of money, any approval of warrants, and any resolution for the removal of the City
Manager shall require the affirmative vote of at least a majority of the whole membership of the
Council.
e. Majority Plus One: The passage of any public emergency ordinance (an ordinance that takes
effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war
(except for the statutory powers of the Mayor in accordance with RCW 35A.13.03015); and
provisions for a lesser emergency, such as a budget amendment, shall require the affirmative vote
of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.19016).
The passage of any motion or resolution not subject to the provisions of Washington law, the
Spokane Valley Municipal Code, or a Resolution as amended requiring a "super majority" for
approval, shall require the affirmative vote of at least a majority of the membership of the
Council who are present and eligible to vote.
15
15. Motions and Discussion
a. Order of Procedure:
1.Member of Council makes a motion by stating: "I move . . ."
The motion is seconded.
Staff makes their presentation.
Mayor asks Council if there are any questions for staff.
Once all questions have been addressed,the staff member steps away from the podium
to allow for the public comment opportunity.
2. The Mayor invites public comments. Public comments should be limited to one comment
per person per topic and limited to three minutes. Mayor reminds the public this is time for
comments and not discussion; and if the public has questions, those questions will be addressed
by staff at another time outside the meeting.
3. Mayor opens the floor to Council for discussion.
The maker of the motion normally begins the discussion.
The discussion must have bearing on whether the pending motion should be adopted
(RONR§43);and can be prefaced by a few words of explanation,but must not become a speech
(RONR§4).All Council remarks should be addressed through the Mayor.
4. When discussion has ended, the Mayor re-states the motion or asks the Clerk to re-state the
motion. Once the motion is re-stated, the Mayor calls for the vote, which is normally taken by
voice. The Mayor or the Clerk then states whether the motion passed or failed.
b. In General:
1. Except in rare circumstances, Council motions shall be in the form of an affirmative motion.
Affirmative motions are preferred to prevent"approval by default"of a failed negative motion.
2. Agenda items scheduled for Council action shall require a motion by a Councilmember before
discussion unless the Council suspends the requirement by majority vote. Upon failure of either a
prior motion or rule suspension, the agenda item shall be passed over and may not be
reintroduced until the next regular meeting. (Mayoral appointments excepted. See Committees
for further discussion.)
3. Councilmembers should direct questions to the City Manager or the designated presenter.
4. Main motions are made when no other motion is pending (see chart below). They are
debatable and subject to amendment. Since seconding a motion means "let's discuss it," if there
is no second but discussion ensues, the matter of having a second to proceed is moot and the
motion can proceed. However, if there is no second and no discussion, the motion does not
progress. Note that the motion does not "die for a lack of a second" but it merely does not
progress.
5. The maker of a motion can withdraw their motion without the consent of the seconder, and if
the mover modifies the motion, the seconder can withdraw the second. The person making the
motion is entitled to speak first to the motion. A maker of the motion can vote against the motion
but cannot speak against their own motion.
6. No one should be permitted to speak twice to the same issue until everyone else wishing to
speak has spoken. All remarks must be directed to the Presiding Officer and must be courteous in
language and deportment (Robert's Rules of Order Newly Revised, Article VII, Section 43,
Decorum in Debate), keeping in mind it is not the Councilmember, but the measure that is the
subject of debate.
7. When an amended motion is on the floor,the vote is taken on whether to adopt the amendment.
If adopted,the next vote is on the fully amended motion.
8. Motions should be reserved for items marked on the agenda for action, so as to avoid any
surprises for Council,staff and the public.
16
Parliamentary Procedure at a Glance _
Roberts Can be
Rules of IF YOU INTERRUPT NEED Debated Can be
Order§ WANT TO YOU SAY ? 2No? ? Amended? VOTE
I 1 Postpone I move to postpone.
indefinitely(the . ..(an affirmative
purpose is to vote can be
prevent action reconsidered;a
or kill an issue.) negative vote
cannot.)indefinitely No Yes Yes No Majority
12 Modify wording I move to amend the
of motion motion by. ..
No Yes Yes Yes** Majority
14 Postpone to a Ex:I move to
certain time postpone the motion
to the next Council
meeting.
No Yes Yes Yes Majority
16 Close debate I move the previous
question,or I call for
the question No Yes No No Majority*
17 To Table a 1 move to lay on the
motion table,the motion to No Yes No No ' Majority
19 Complain about Point of Privilege
noise,room
temperatures, Chair
etc. Yes Yes Yes Yes decision
20 Take break I move to recess for.
No Yes No Yes Majority
21 Adjourn I move to adjourn
meeting No Yes No No Majority
23 Object to Point of Order
procedure or Chair
personal affront
Yes No No No decision
25 Suspend rules I move to suspend
the rules and.. . No Yes No No Majority*
34 Take matter I move to take from
from table the table the motion No
to... No Yes No Majority
35 Reconsider I move we reconsider
something action on.. .
already
disposed of No Yes Yes Yes Majority
It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote. If the intended purpose is to
postpone,then the motion to postpone should be used. If more information is needed or desired in order to make the most informed
vote possible,then an option would be for the maker of the motion to simply withdraw the motion.The consent of the seconder is
not needed to withdraw a motion. While a motion is still on the table,no other motion on the same subject is in order. The motion
to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has
arisen. The motion to "Lay on the Table" is out of order if the evident intent is to kill or avoid dealing with a measure.
(Robert's Rules of Order Newly Revised, 10th Edition) *(Robert's Rules of Order Newly Revised states 2/3 vote required. Council
direction is to base vote on majority except on matters where 2/3(or majority plus one)is required by state statute.
*$If the main motion to amend can be amended.
17
16. Ordinances
Except for unusual circumstances or emergencies, ordinances and resolutions will customarily be
prepared, introduced and proceed in accordance with the"Three Touch Principle." Prior to final passage
of all ordinances or resolutions, such documents shall be designated as drafts.
a. A Councilmember may, in open session, request of the Presiding Officer that the Council
consider enacting an ordinance for a specific purpose. The Presiding Officer then may assign the
proposed ordinance to the administration, a committee, or the Council for consideration. The
committee or administration shall report its findings to the Council. The City Manager may
propose the drafting of ordinances (RCW 35A.1317). Citizens, Boards and Commissions may
also propose consideration of ordinances and resolutions.
b. Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or
resolution, once on the agenda,he or she should so announce,make the initial motion and provide
an introduction of the measure.
c. Ordinances shall normally have two separate readings at separate Council meetings. Unless
waived by the City Council at each reading, the title of an ordinance shall be read by the City
Clerk prior to its passage. However, if a Councilmember requests that the entire ordinance or
certain sections be read, such request shall be granted. Printed copies shall be available upon
request to any person attending a Council meeting.
d. The provision requiring two separate readings of an ordinance may be waived at any meeting
of the Council by a majority vote of all members present. (This would require a successful motion
to suspend the rules and pass the ordinance on a first reading.)
e. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered
lost,unless a subsequent motion directs its revision and resubmission to first reading.
£ Any ordinance repealing any portion of the Spokane Valley 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.
17. Resolutions
A resolution may be approved on the same day it is introduced. While it is not necessary to have the title
of a resolution read aloud, Council may invoke the two reading procedures described above to facilitate
public understanding and/or comment on the resolution. If Council invokes the two reading procedures, a
Councilmember may request that the entire resolution or certain sections be read, and such request shall
be granted and the City Clerk shall read as requested. Printed copies shall be made available upon request
to any person attending a Council meeting.
18. 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:
1. any action previously reconsidered;
2. motions to adjourn or motions to suspend the rules;
3. an affirmative vote to lay an item on,or take an item from,the table;
4. a previously passed motion to suspend the rules; or
5. a vote electing to office one who is present and does not decline.
Such motion for reconsideration:
1. must be reconsidered during the same Council meeting;
2. must be called up when no business is pending(no action is pending);
3. if action is pending, the Mayor asks the Clerk to note that the motion to reconsider has been
made and is to be taken up when a member calls the motion to reconsider the vote when no
other business(action)is pending;
4. must be made by a member who voted on the prevailing side on the original motion;
5. a member who makes this motion should state that he or she voted on the prevailing side;
6. needs a second, and can be seconded by any member;
18
7. is debatable if the type of motion it reconsiders is debatable; and
8. is not amendable and requires a majority vote to adopt.
If the motion for reconsideration is adopted,the original motion is placed before Council as if that motion
had not been voted on previously; and Council again takes that motion under discussion, followed by a
new vote.
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 days advance notice of such discussion and/or
action.
19. Council Materials
a. Council Material
Couneilmembers and staff should read the agenda material and ask clarifying questions of the
City Manager or other appropriate staff prior to the Council meeting when possible. Council
recognizes there are times when Couneilmembers may wish to bring additional documentation to
a meeting on a specific subject,whether that subject is on the agenda or not,in order to share with
Council and staff. When possible, the materials should be distributed to Councilmembers and
staff prior to the Council meeting, or if distributed during a meeting, Councilmembers should
indicate the materials are for future reading, since except in an emergency, Couneilmembers
would normally not take time at the dais to read material just received. Pre-scheduled materials
Council wishes to share as part of the Council packet could also be included on study session
agendas under"Council Comments." [See also page 10]
b. Council Packets
CounciImembers shall personally pick up their agenda packets from their individual inboxes
provided at each Councilmember's desk, unless otherwise arranged by the Councilmember or
further directed by Council. Councilmembers have the option of accessing their Council packet
via the City's website. Unless notified otherwise,the City Clerk will prepare a hard copy agenda
packet for individual Councilmembers.
c.Packet Materials
Request for Council Action form (RCA): This is a cover sheet used by staff to introduce an
agenda item. It includes the agenda item title, citing of governing legislation associated with the
topic, previous Council action taken, and background on the topic. Options for Council
consideration are also included, as well as a staff recommended action or motion. The options
and recommended action or motion should be viewed as aids to Council in making a motion or
taking action, but should not be thought of as obligatory, as Council always has the option of
making a motion different from what is included on the fonn. Generally, by the time an item is
ready for a motion, Council has already read, heard, and/or discussed the item at least three times
(as an informational item, an administrative report, and lastly as an action item), and the wording
of a motion would not normally be controversial, although it is important to state the motion as a
motion, such as"I move to"or"I move that"or other similar language.
19
20. "Three Touch Principle"
Decision makers and citizens at all levels of the City should have adequate time to thoroughly 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. These 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" the
decision makers three separate times. This includes verbal or written reports, "information only" agenda
items, or any combination thereof. To facilitate the Council's strategic use of legislative time at its
meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject
matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are
excluded from application of the"Three Touch Principle."
It is recognized that 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.
20
CHAPTER 2
Legislative Process
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21
A. Election of Officers
Procedures for electing officers are as follows:
1. Biennially, at the first meeting of the new Council, the members thereof shall choose a
Presiding Officer from their number who shall have the title of Mayor. In addition to the powers
conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities
of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the
Council at their next regular meeting shall select a Mayor from their number for the unexpired term.
Following the election of the Mayor, election of a Deputy Mayor shall be conducted in the same manner.
The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.03018)
2. The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for
nominations. Each member of the City Council shall be permitted to nominate one person, and a
nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at
that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor,
and nominations shall be made in the manner previously described for the election of the Mayor.
3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall
contain the name of the Councilmember who cast it, Selection of Mayor and of Deputy Mayor shall each
be determined by majority vote of Councilmembers present. The City Clerk shall publicly announce the
results of the election. Thereafter, the City Clerk shall record the individual Councilmember's votes in the
minutes of the meeting,
4. If the first round of votes results in no majority vote of Councilmembers present, the voting
process shall be repeated no more than two more times. During subsequent votes, Couneilmembers do
not have to vote the same as they did in the previous vote. If after three attempts, Council is unable to
agree on a Mayor by majority vote of Councilmembers present, the office of Mayor shall be temporarily
filled by an Acting Mayor, which shall be the Councilmember who just previously served as Deputy
Mayor, or if such person prefers not to serve as Mayor or if that person is no longer a member of Council,
the Councilmember with the next highest seniority. The Acting Mayor shall continue in office and
exercise such authority as is described in RCW 35A.13 19 until the members of the Council agree on a
Mayor,which shall be determined at the next scheduled Council meeting, at which time the role of Acting
Mayor shall cease and terminate.
5. At the next scheduled Council meeting voting for Mayor shall proceed in the same manner as
the initial first round of voting from the previous Council meeting, but Councilmembers will only vote on
the Councilmembers who received the highest number of votes. If after three voting attempts, there is
still no majority vote of Councilmembers present, the vote shall be determined by whichever
Councilmember has the most votes at the third voting attempt. If at that time, there is a two-way tie of
Councilmembers receiving the most votes, the tie will be broken based on the flip of a coin. If there are
more than two Councilmembers tying with the most votes, that tie will be determined by another means
of chance to narrow the Councilmembers down to two, at which time the outcome will be determined by
written ballot.
B. Filling Council Vacancies
If a vacancy occurs on the City Council, the Council will follow the procedures outlined in RCW
35A,13.0202°and Council's adopted procedure in compliance with RCW 35A.13.02021, which is included
below. The timeline will vary depending on when the process begins. Pursuant to RCW 35A.13.020, City
Council has within 90 days of the vacancy to appoint a qualified person to the vacant position. If this
timeframe is not met, the City's authority in this matter would cease and the Spokane County Board of
Commissioners would appoint a qualified person to fill the vacancy. Public comment will not be taken
during this entire process.
22
PROCEDURE FOR FILLING A COUNCIL VACANCY
A. Titneline/Procedure:
1. Publication
The City Clerk will publish the vacancy announcement inviting citizens of the City who are interested
and qualified to sit as a Councilmember, to apply on an application form provided by the City.
Qualifications to sit as a Councilmember are set forth in RCW 35A.13.020, which refers to RCW
35A.12.030. If possible,the vacancy announcement will be published for three consecutive weeks.
2. Deadline for the City Clerk to receive applications shall be no later than 4:00 p.m.
3. Special Meeting,Executive Session,set for . [RCW 42.30.110(1)(h)1
5:00 p.m. Council will meet and adjourn to executive session to review and discuss all of the
applications. After the review and discussion, Council will return to Council Chambers and the
Special Meeting will be adjourned.
Regular Meeting,same evening as above Special Meeting. [RCW 42.30.110(1)(h)]
6:00 p.m. Council will meet in open session and part of this agenda will include selection of
applicants to interview. Selection will be by nomination and second. A vote will be taken and
candidates receiving three or more votes will be interviewed. Immediately after this Council
meeting or as soon as practicable, the Clerk will send a list of potential questions to all those to
be interviewed.
4.Tuesday, . [RCW 42.30.110(1)(h)]
The interviews will be conducted during an open Council meeting. Each interview will be a
maximum of 30 minutes.
S. Special Meeting,Executive Session set for [RCW 42.30.110(1)(h)]
5:00 p.m. Council will meet and adjourn to executive session (closed session) to discuss
applicants. After the discussion,the Special Meeting will be adjourned as usual.
Regular Meeting,same evening as above Special Meeting [RCW 42.30.110(1)(h)]
6:00 p.m. Council will meet in open session and the last action item of that agenda will include
a vote to fill the vacancy. Upon selection of the new Councilmember,that person will be sworn
in by the City Clerk, and take their seat at the dial.
B. Interview Questions/Process:
1. During the interview, each Councilmember may ask each candidate up to three questions. Follow-
up questions are to be counted as one of the three questions.
2. Candidates will be interviewed in alphabetical order of last name.
Questions for Candidates: Candidates should be prepared to answer any of the following questions, even
though every question might not be asked of each candidate, and Council has the option of asking
questions not included in this list of potential questions. Council has the option of asking follow-up
questions up to a total of three questions per candidate. Follow-up questions are included as part of and
not in addition to,the three maximum questions.
Potential Council Applicant Interview Questions
1. What is a Councilmember's primary responsibility to the citizens of Spokane Valley?
2, What are the most important issues our City faces today?
3. Please explain your view of the most difficult aspect of being a Councilmember.
23
4. What do you think is the biggest challenge facing the City Council?
5. What are the three highest priorities the City needs to address and how do you propose to address
these issues?
6. As a Councilmember, one of the most challenging issues we face is balancing the City budget.
Keeping in mind that the majority of our revenue is from sales tax and property tax, how would
you propose to strike a balance between revenues and expenses; and at what point, if at all,would
you support additional revenues to maintain service levels?
7. Discuss your ideas on pavement preservation including solutions for long-term sustainability of
our roads.
8. How can we determine what the citizens want for the future of Spokane Valley?
9. What do you envision the City of Spokane Valley will be like ten and twenty years from now?
10. All total, Councilmembers serve on approximately 20 different boards, committees, councils and
task forces. Does your life style allow you to serve on outside committees and share these
responsibilities?It could mean up to 10 hours per month in addition to your Council duties.
11. Do you plan to run and/or actively campaign for the November election for what will be a four-
year term?
12. Have you attended City Council meetings in the past?
13. What did you discover from attending Council meetings?
14. Why do you want to be on the City Council?
15. Please explain your familiarity with and understanding of our City's form of government,
including the difference between Council and staff responsibilities.
16. What do you hope to accomplish as a Councilmember and what do you offer the City?
17. If the majority of the Council took a position that you were against, how would you handle your
response to the public and/or media?
18. As a Councilmember,what new or different perspective would you bring to the City Council?
19. Are you aware and knowledgeable about the Open Public Meeting Act?
20. Are you aware and knowledgeable about the Public Disclosure Act?
C.Nomination and Voting Process..
1.NOMINATION PROCESS.
Councilmembers may nominate an applicant to fill the vacancy. A second is required. If no second
is received, that applicant shall not be considered further unless no applicant receives a second, in
which case all applicants who were nominated may be considered again. Once the nominations are
given, the Mayor will close the nominations and Council will proceed to vote.
2.VOTING PROCESS.
a. A vote for an applicant shall be by voice or raised hand.
b. The vacancy can only be filled when a majority of the City Council present affirmatively votes
for the applicant, i.e. if five City Councilmembers are present, this would require at least three City
Councilmembers voting for an applicant. If subsequent rounds of voting are needed, each round of
voting follows the same process. The Mayor may ask for Council discussion between voting rounds.
Round One Vote:
The applicant receiving the majority of votes will be the new Councilmember.
If no applicant receives a majority of votes from the City Council, then the three applicants
receiving the most affirmative votes would be considered in a second round.
Round Two Vote:
Round Two proceeds the same as Round One. If one of the three applicants still fails to receive a
majority of affirmative votes, then the two applicants of the three who received the most
affirmative votes would then be considered in a third round; or if there are only two applicants
24
and they receive tie votes, a third round will be taken. Councilmembers may, of course, change
their vote between rounds.
Round Three Vote:
Round Three proceeds the same as Rounds One and Two. If after this round, the vote of the two
applicants results in a tie, then the City Manager shall flip a coin to determine who shall fill the
vacancy, with the applicant whose last name is closest to the letter A being assigned "heads" and
the other person assigned "tails." In the rare circumstance where both applicants have the same
last name,the applicant whose entire last name is closest to the Ietter A will be assigned "heads"
and the other person assigned"tails."
D. Seating of New City Councilmember:
1. Once an applicant either has received a majority of votes or wins the coin flip,the City Clerk shall
administer the oath of office, and the new Councilmember will be officially seated as a City
Councilmember.
C. Legislative Agenda
Councilmembers work each year (or sometimes every two years) to draft a "legislative agenda" to
address Council ideas, suggestions and specific legislative programs in terms of upcoming or pending
legislative activity in Olympia that would or could have an effect on our City. Additionally,
Councilmembers have the option of creating a similar legislative agenda to address concerns on a national
level, which can be addressed during Council's participation in the annual National League of Cities
Conferences held in Washington,D.C.
D. Council Travel Provisions
Council is allocated a budget to handle certain City business-related travel expenses. The total allocation
of travel funding budgeted for the legislative branch for the fiscal year will be apportioned one-seventh
(1/7)to each Councilmember. These monies may be used to defray expenses for transportation, lodging,
meals and incidental expenses incurred in the conduct of City business. Periodic updated statements of
expenditures will be provided to each Councilmember by the Finance Department. Should a
Councilmember exhaust their apportionment of fiends, that person will be responsible for payment of any
travel and related expenses, or they may request a voluntary allocation from another Councilmember who
has a balance in their travel apportionment. To be reimbursed for expenses incurred as part of City
business, Councilmembers should timely submit detailed receipts with their reimbursement form. See the
City Policy No. 300.110 for a list of unauthorized travel expenses.
During the last six months of a Councilmember's current term of office, incurring City business-related
travel expenditures requires the prior authorization of the Finance Committee, except when such travel
fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or
task forces.
25
E. Ballot Measures:
1. State Law
RCW 42.17A 555. State law has enacted statutory prohibitions (with limited exceptions) against the use
of public facilities to support or oppose ballot propositions:
"No elective official nor any employee of his or her office nor any person appointed to or
employed by any public office or agency may use or authorize the use of any of the facilities
of a public office or agency, directly or indirectly,for the purpose of assisting a campaign
for election of any person to any office or for the promotion of or opposition to any ballot
proposition. Facilities of a public office or agency include, but are not limited to, use of
stationery, postage, machines, and equipment, use of employees of the office or agency
during working hours, vehicles, office space, publications of the office or agency, and
clientele lists of persons served by the office or agency. However; this does not apply to the
following activities:
(1)Action taken at an open public meeting by members of an elected legislative body
or by an elected board, council, or commission of a special purpose district including,
but not limited to, fire districts, public hospital districts, library districts, park
districts, port districts, public utility districts, school districts, sewer districts, and
water districts, to express a collective decision, or to actually vote upon a motion,
proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition
so long as (a) any required notice of the meeting includes the title and number of the
ballot proposition, and (b) members of the legislative body, members of the board,
council, or commission of the special purpose district, or members of the public are
afforded an approximately equal opportunity for the expression of an opposing view.
(2) A statement by an elected official in support of or in opposition to any ballot
proposition at an open press conference or in response to a specific inquiry;
(3) Activities which are part of the normal and regular conduct of the office or
agency."[emphasis added]
2. City's Implementation of RCW 42.17A.555
In the City's implementation of RCW 42.17A.555, the City Council shall not, during any part of any
Council meeting, consider requests from outside agencies for Council to support or oppose ballot
measures; nor will Council permit any public comment on any proposed or pending ballot issue, whether
or not such comments seek endorsement or are just to inform Council of upcoming or proposed ballot
issues;nor shall Councilmembers disseminate ballot-related information.
3.Providing Informative Materials to Council
The requestor has the option of mailing materials to individual Councilmembers via the United States
Postal Office. Because even the use of e-mail for ballot purposes could be construed as use of public
facilities and could be interpreted as being in violation of RCW 42.17A.555, materials should be sent via
regular mail through the United States Postal Office. Information shall be objective only and not
soliciting a pro or con position.
4. Public Comment.
Council has chosen not to support or oppose ballot issues as those are left to the will of the people voting.
The use of any of the City's facilities including the use of the Council chambers and/or broadcast system
would likely be construed as being in violation of RCW 42.17A.555 and therefore, general public
comment on ballot issues, or proposed ballot issues will not be permitted.
26
CHAPTER 3
Council Contacts
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A. Citizen Contact/Interactions Outside of a Council Meeting
1. Mayor/Council Correspondence
Councilmembers acknowledge that in the Council/Manager form of government,the Mayor is recognized
by community members as a point of contact. To facilitate full communications, staff will work with the
Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the
Mayor regarding City business. This provision will not apply to invitations for mayoral comments at
various functions, nor requests for appointments or other incidental contact between citizens and the
office of the Mayor.
2. Concerns, Complaints and Suggestions to Council
When citizen concerns, complaints or suggestions are brought to any, some, or all Councilmembers, the
Mayor 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 concern or complaint is about the language or intent of legislative acts or
suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or
resolution of the City, the Mayor and City Manager may refer the matter to a future Council
agenda for Council's recommendation in forwarding the matter to a committee, administration, or
to the Council for study and recommendation.
b. If administrative, and a concern or complaint regards administrative staff performance,
execution of legislative policy or administrative policy within the authority of the City Manager,
the Mayor 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.
3. Administrative Complaints Made Directly to Individual Councilmembers
When administrative policy or administrative performance complaints are made directly to individual
Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for review
and/or action. The individual Councilmember may request to be informed of the action or response made
to the complaint. However, the City Manager shall not be required to divulge information he/she deems
confidential,in conformity with applicable statutes, ordinances,regulations,policies or practices.
Although citizens' direct access to elected officials is to be encouraged to help develop public policy, City
Councilmembers should not develop a "personal intervention" pattern in minor calls for service or
administrative appeals which may actually delay a timely customer service response. The best policy is
to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in
the past. In that case,refer to the paragraph above.
4. Social Media
Councilmembers shall not use social media as a mechanism for conducting official City business,
although it is permissible to use social media to informally communicate with the public. Examples of
what may not be communicated through the use of social media include making policy decisions, official
public noticing, and discussing items of legal or fiscal significance that have not been released to the
public. As with telephone and e-mails, communication between and among Councilmembers via social
media could constitute a "meeting" under the Open Public Meetings Act, and for this reason,
Councilmembers are strongly discouraged from"friending"other Councilmembers.
5.Donations
On occasion, Councilmembers could be contacted by citizens or businesses regarding donations. The
City has administrative procedures to receive donations, and Councilmembers should direct the donor to
28
contact the appropriate City staff. Councilmembers shall not accept nor physically receive any donation.
Councilmembers shall always be cognizant of their ethical responsibilities when discussing donations
with citizens, including but not limited to a responsibility to avoid conflicts of interest, the prohibition on
creating a special privilege or exemption for themselves or others, and from disclosing confidential
information of the City. Councilmembers should avoid circumstances which are likely to give rise to a
perception of a conflict of interest or of providing or procuring a special privilege or exemption.
B. Staff Contacts and Interactions
1. Role of the City Manager
The City Manager is the chief administrative officer of the City of Spokane Valley. The City Manager is
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.13.08022. Such duties may be expanded by Ordinance or
Resolution. Balanced with the 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.
2. City Staff Attendance at Meetings
The City Manager or his/her designee shall attend all meetings of the City Council, unless excused by the
Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper
administration of all affairs of the City. The City Manager shall recommend for adoption by the Council
such measures as he/she may deem necessary or expedient; prepare and submit to the Council such
reports as may be required by the body or as the City Manager deems advisable to submit; keep the
Council fully advised as to the business of the City; and shall take part in the Council's discussion on all
matters concerning the welfare of the City. (RCW 35A.13.08023)
It is Council's intent that the City Manager schedule adequate administrative support during Council
meetings for the business at hand, keeping in mind that the City Manager must also protect the productive
capability of department heads and of all staff. Required attendance at meetings by City staff shall be at
the pleasure of the City Manager.
3. City Clerk- Minutes
The City Clerk, or in the Clerk's absence the Deputy City Clerk, shall keep minutes as 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 City Clerk and the Deputy City Clerk,the City Clerk shall appoint
a replacement to act as Clerk during the Council meeting. The Clerk shall keep minutes which identifies
the general discussion of the issue and complete detail of the official action or agreement reached, if any.
As a rule and when possible and practical, regular meetings, or those Council meetings held at 6 p.m. on
Tuesdays, (which includes formal format and study session format) shall be video-recorded. Special
meetings will not normally be video-recorded. Executive Sessions shall not be video or audio recorded.
Original, signed and approved minutes shall be kept on file in the City Clerk's office and archived
according to State Record Retention Schedules. Copies of the approved minutes shall also be posted on
the City's website as soon as practical after such minutes are approved and signed. Whenever possible,
,video recordings of Council meetings shall be posted on the City's website.
4. Administrative Interference by Councilmembers
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 inquity, the Council and its members shall deal with the administrative branch solely
29
through the City Manager and neither the Council nor any committee or member thereof shall give any
directives, tasks, or 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. (RCW 35A.13.12024.)
5. Informal Communications Encouraged
The above RCW requirement is not to be construed as to prevent informal communications with City staff
that do not involve orders, direction, or are meant to influence actions or administrative policy. Members
of the Council are encouraged to interact informally and casually with City staff for the purpose of
gathering information, obtaining explanations of policies and programs or providing incidental
information to staff relevant to their assignment. Such informal contacts can serve to promote better
understanding of specific City functions and problems. However, Councilmembers must be careful in
such interaction to avoid giving direction or advice to members of City staff. While maintaining open
lines of communication, City staff responding to information requests from Councihnembers will inform
their supervisor of such contact and provide the supervisor with the same information shared with the
Councilmember.
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CHAPTER 4
HEARINGS
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A. General Public Hearings
1. Purpose
Legislative public hearings are hearings held to obtain public input on legislative decisions on matters of
policy. Legislative public hearings are required by state law when a city or county addresses matters such
as comprehensive land use plans, or the annual budget. They are generally less formal than quasi-judicial
public hearings. They do not involve the legal rights of specific,private parties in a contested setting, but
rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative
decisions reached as a result of such hearings is not second-guessed by the courts; if challenged, they are
reviewed only to determine if they are constitutional or violate state law. For example, a court will not
review whether the basic budgetary decisions made by a city were correctly made.
2. Legislative Public Hearings
a. State statutes do not specify how public hearings should be conducted. Because legislative hearings are
generally informal, the main concern is to provide an opportunity for all attending members of the public
to speak if they so desire. Time limits should be placed on individual comments if many people are
intending to speak, and the public should be advised that comments must relate to the matter at hand. The
"ground rules" for the conduct of the hearing may be stated by the Presiding Officer at the beginning of
the hearing:
I. All public comments shall be made from the speaker's podium, shall be directed to the Mayor
and Council, and any individual making comments shall first give their name and city of
residence. This is required because an official recorded transcript of the public hearing is being
made.
2. No comments shall be made from any other location, and anyone making "out of order"
comments shall be subject to removal from the meeting.
3. Unless otherwise determined by the Presiding Officer, all comments by the public shall be
limited to three minutes per speaker.
4. There will be no demonstrations, applause or other audience participation, before, during or at
the conclusion of anyone's presentation. Such expressions are disruptive and take time away
from the speakers.
5. Unless read and/or handed in by the individual speaker during the public hearing, previously
received written public comments will be read by the City Clerk at the pleasure of the Mayor. In
the interest of time, the Mayor may limit the reading of such comments, to the Clerk reading
whom the letter or written material is from, and if easily discernible,whether that person is for or
against the issue at hand. All written comments become an official part of the record.
6. 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.
b. The Presiding officer declares the public hearing on (topic) open, notes the time for such
opening, and asks staff to make their presentation.
c.After staff presentations,the Presiding Officer calls for public comments.
d.The Presiding Officer asks if any members of Council have questions of any of the speakers or staff. If
any Councilmember has questions,the appropriate individual will be recalled to the podium.
e.The Presiding Officer declares the public hearing closed and notes the time for such closing.
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B. Quasi-Judicial Hearings
1. Purpose
Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a
result of such hearings must be based upon and supported by the "record" developed at the hearing.
Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most
quasi-judicial hearings held by local government bodies involve land use matters, including site specific
rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to
Hold Them by Bob Meinig, MRSC Legal Consultant August 1998)
2. Specific Statutory Provisions
a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial
actions while campaigning, per RCW 42.36.04025, except that sitting Councilmembers shall not express
their opinions on any such matter which is or may come before the Council.
b. Ex party communications should be avoided whenever possible. During the pendency of any
quasi-judicial proceeding, no Councilmember may engage in ex parte communications with proponents
or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1)places
on the record the substance of such verbal or written communications; and (2) provides that a public
announcement of the content of the communication and of the parties' rights 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
42.36.06026)
c. Public Disclosure File. The City Clerk shall maintain a public disclosure file,which shall be available
for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms
filed with the Washington State Public Disclosure Commission.
d. Procedure On Application. Any person making application for any action leading to a quasi-judicial
hearing before the Planning Commission and/or 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 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.
3. Actions/Procedures for a Quasi-Judicial Public Hearing
See the following excerpt from the Spokane Valley Municipal Code Appendix C for City Council Appeal
Hearing Procedures:
Appendix C
CITY COUNCIL APPEAL HEARING PROCEDURES
A. The Council shall not consider any new facts or evidence outside the verbatim transcript and
certified record submitted by the Hearing Examiner,except for:.
1. Grounds for disqualification of the Hearing Examiner, when such grounds were unknown by the
appellant at the time the record was created; or
2.Matters that were improperly excluded from the record after being offered by a party to the
hearing before the Hearing Examiner; or
3.Matters that were outside the jurisdiction of the Hearing Examiner.
The Council shall allow the record to be supplemented if the offering party demonstrates grounds
for supplementation as set forth in subsections(A)(1), (2) or(3) of this appendix,
33
a. Any party requesting that the record be supplemented shall submit such request, along with the
specific evidence to be offered to the Council, within 14 calendar days of the date the appeal
hearing was scheduled.
b. The Council may require or permit the correction of ministerial errors or inadvertent omissions
in the preparation of the record.
c. The Council will allow the submittal of memoranda by the appellant, or a party of record in
opposition to the appeal, subject to the following requirements:
i. The appellant may file a memorandum in support of the appeal. The memorandum
must be filed no later than 12:00 noon on the third Friday preceding the date set by the
Council for consideration of the appeal.
ii. Any party of record in opposition to the appeal may submit a reply memorandum in
opposition to the appeal. Any reply memorandum must be filed no later than 12:00 noon on
the second Friday preceding the date set for consideration of the appeal.
iii. All memoranda shall be limited to stating why the record or applicable laws or
regulations do or do not support the decision, and shall not contain any new facts or evidence,
or discuss matters outside the record,except as permitted above.
iv. The offering party shall promptly submit a copy of the memorandum or request to
supplement the record to the City Attorney, and to opposing parties as practicable.
B. The Council will allow oral argument by the appellant, or a party of record in opposition to the
appeal, subject to the following requirements:
1.It is expected that all parties can reasonably be aligned as either in support of the appeal or
opposed to the appeal. Accordingly, all parties who desire to make oral argument shall communicate with
other parties aligned on the same side of the appeal and attempt to reach agreement in selecting a
representative, or otherwise arrange for the allocation of time allowed under these rules to those in
support of or those opposed to the appeal.
2. Oral argument shall be presented first by the appellant, followed by those parties of record in
opposition to the appeal, and then rebuttal and surrebuttal.
3. Oral argument shall be limited to stating why the record or applicable laws or regulations do not
support the decision, and shall not contain any new facts or evidence unless allowed by subsection A of
this appendix.
4. Oral argument shall be limited to 20 minutes total for the appellant, and 20 minutes total for
those parties in opposition to the appeal,regardless of how many parties make up each side.
5. The respective times allowed for oral argument above include the combined time used by a side
for opening argument, rebuttal and surrebuttal. The time taken to respond to questions from the Council
is not included in the time allowed for argument.
C. The Council may affirm or reverse the Hearing Examiner's decision, or remand it for further
proceedings. The Hearing Examiner's decision will be presumed to be correct and supported by the
record and law. A tie vote on any motion shall have the effect of affirming the Hearing Examiner's
decision.
D. The Council may reverse the Hearing Examiner's decision, or remand it for further proceedings, if
the appellant has carried the burden of establishing that one or more of the following standards are met:
1. The Hearing Examiner engaged in unlawful procedure or failed to follow a prescribed process,
unless the error was harmless;
2. The decision is an erroneous interpretation of the law,after allowing for such deference as is due
to construction of law by a local jurisdiction with expertise;
3. The decision is not supported by evidence that is substantial when viewed in light of the entire
record;
4. The decision is a clearly erroneous application of the law to the facts;
5. The decision is outside the authority of the Hearing Examiner.
E. The Council may also remand the decision to the Hearing Examiner if the appellant offers newly
discovered evidence that would reasonably have affected the decision had it been admitted in the
proceedings before the Hearing Examiner. "Newly discovered evidence" is evidence that with reasonable
34
diligence could not have been discovered and produced at the time the proceedings before the Hearing
Examiner were conducted.
F. The Council shall adopt written findings and conclusion in support of its decision. If the Council
concludes that a finding of fact by the Hearing Examiner, upon which the decision is based, is not
supported by substantial evidence, the Council may modify the finding or substitute its own finding,
citing substantial evidence in the record that supports the modified or substitute finding. In the event of a
tie vote on the proposed findings of fact, that vote shall be considered a final action, the findings shall
reflect the same, and the decision of the Hearing Examiner shall be affirmed.
G. The Council's decision shall include a notice stating that the decision can be appealed within 21
calendar days from the date the decision was issued, by filing a land use petition with the Superior Court
as provided in Chapter 36.70C RCW 27and meeting the other provisions of such chapter, and that the
decision shall act as official notice under RCW 43.21C.07528.
H. The notice included in the Council's decision shall also state that affected property owners may
request the Spokane County Assessor for a change in valuation for property tax purposes notwithstanding
any program of revaluation,pursuant to RCW 36.70B.13029.
I. The City Clerk shall,within five business days from the date of the Council's decision on the appeal,
mail a copy of the Council's decision to the appellant, the applicant (if different than the appellant), any
other party who testified or submitted a memorandum at the closed record appeal hearing before the
Council, any person who requested notice of the decision, and any person who submitted substantive
comments on the application. The City Clerk shall also provide notice of the decision to the County
Assessor.
J. Where the Hearing Examiner's decision recommends approval of the proposal and no appeal has
been filed within the time period set forth above, the City Manager or designee shall modify the official
zoning map of the City according to the Hearing Examiner's decision. The modification of the zoning
map completes the Hearing Examiner's decision and shall be considered the final legislative action of the
City Council. Such final action, for zoning purposes, is considered an official control of the City by
exercise of its zoning and planning authority pursuant to Washington law. (Ord. 08-022, 2008).
4. Appearance of Fairness Doctrine
a. "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); Smith vs. Skagit County,75 Wn.2d 715 (1969).
b. 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 determine 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 42.36.01030). Street vacations
are typically legislative actions, unless clearly tied to, and integrated into, a site-specific development
proposal which is quasi-judicial in nature.
c. Obligations of Councilmembers-Procedure.
1. Immediate self-disclosure of interests that may appear to constitute a conflict of interest is hereby
encouraged. Councilmembers should recognize that the Appearance of Fairness Doctrine does not
require establishment of a conflict of interest, but whether there is an appearance of conflict of interest
to the average person. This may involve the Councilmember or a Councilmember's business
associate, or a member of the Councilmember's immediate family. It could involve ex party (outside
35
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 Councilmember'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 who will seek the opinion
of the City Attorney as to whether a potential violation of the Appearance of Fairness Doctrine exists.
The City Manager shall communicate such opinion to the Councilmember and to the Presiding
Officer.
2. Anyone seeking to disqualify a Councilmember 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
consistent with state law. The party seeking to disqualify the Councilmember 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 Councilmember and
render an opinion as to the likelihood that an Appearance of Fairness Doctrine violation would be
sustained in Superior Court. Should such challenge be made in the course of a quasi-judicial hearing,
the Councilmember shall either recuse him/herself or the Presiding Officer shall call a recess to permit
the City Attorney to make such interview and render such opinion.
3. The Presiding Officer shall have authority to request a Councilmember to excuse him/herself on the
basis of an Appearance of Fairness Doctrine violation. Further, if two or more Councilmembers
believe that an Appearance of Fairness Doctrine violation exists, such individuals may move to
request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness Doctrine
violation. In arriving at this decision, the Presiding Officer or other Councilmembers shall give due
regard to the opinion of the City Attorney.
d. 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 Tem) 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 Councilmembers should now give consideration as to whether they have:
I. 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 pane 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
Councilmembers 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.
36
CHAPTER 5
COMMITTEES, BOARDS, COMMISSIONS
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37
A. Regional Cornmittees, Boards, etc.
1. Committees
Spokane Valley Councilmembers and/or residents who seek representation on any standing committee,
board, or commission required by state Iaw, shall be appointed by the Mayor with confirmation by the
Council.
a. Appointment Process: Any committee, board, commission, task force, etc., requiring Mayoral
appointment of committee members, shall also require confirmation by the Council, which shall be by
majority vote of those present at the time the confirmation vote takes place. By majority vote, Council
can reject the appointment. If Council fails to confirm the recommended appointment, the Mayor could
either make another recommendation, or the appointment may be postponed to a later date, giving City
staff opportunity to further advertise for committee openings.
2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies
Councilmembers are encouraged to share with all Council members, copies of minutes from any statutory
boards, commissions, or committees on which they serve and participate. Communications from such
boards, commissions and bodies to the City Council which seek action or feedback, should be
acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Council may
also bring such communication to the Presiding Officer's attention under the agenda item "Committee,
Board and Liaison Reports." If any member of the Council requests that any such communication be
officially answered by the Council, the Presiding Officer may place the matter on an agenda under New
Business, Information, Council Comments (study session format), or other appropriate place, for a
specific Council meeting, or take other appropriate action.
Councilmember(s)may be designated by the City Council to take the lead on particular significant issues
and to provide appropriate feedback of information to Council, in order to gain corporate approval and
coordination of corporate efforts. No Councilmember may speak for the Council unless Council has
designated that person as the lead on that particular issue.
B. In-House Committees, Boards, etc.
1. Standing committees or commissions required by law shall be appointed by the Mayor for a time
certain not to exceed the term provided by law or the term of office of the appointing Mayor and
confirmed by Council. Following are established in-house committees:
a. PIanning Commission -- 7 members.
"SVMC 18.10.010 Establishment and purpose.
There is created the City of Spokane Valley Planning Commission (hereafter referred to as the
"Planning Commission"). The purpose of the Planning Commission is to study and make
recommendations to the Mayor and City Council for future planned growth through continued
review of the City's Comprehensive Land Use Plan, development regulations, shoreline
management, environmental protection, public facilities, capital improvements and other matters
as directed by the City Council. (Ord. 07-015 § 4, 2007).
18.10.020 Membership.
A. Qualifications. The membership of the Planning Commission shall consist of individuals
who have an interest in planning, land use, transportation, capital infrastructure and building and
landscape design as evidenced by training,experience or interest in the City.
B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and
confirmed by a majority vote of at least four members of the City Council. Planning
commissioners shall be selected without respect to political affiliations and shall serve without
38
compensation. The Mayor, when considering appointments, shall attempt to select residents who
represent various interests and locations within the City.
C. Number of Members/Terms. The Planning Commission shall consist of seven members. All
members shall reside within the City. Terms shall be for a three-year period, and shall expire on
the 31st day of December.
D. Removal. Members of the planning commission may be removed by the mayor, with the
concurrence of the city council, for neglect of duty, conflict of interest, malfeasance in office, or
other just cause, or for unexcused absence from three consecutive regular meetings. Failure to
qualify as to residency shall constitute a forfeiture of office. The decision of the city council
regarding membership on the planning commission shall be final and without appeal.
E.Vacancies.Vacancies that occur other than through the expiration of terms shall be filled for
the unexpired term in the same manner as for appointments.
F. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter
42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of
Fairness; and such other rules and regulations as may be adopted from time to time by the city
council regulating the conduct of any person holding appointive office within the City.No elected
official or City employee may be a member of the planning commission. (Ord. 07-015 § 4,2007).
b. Lodging Tax Advisory Committee-- 5 members.
"SVMC 3.20.040 Lodging tax advisory committee.
The City Council shall establish a lodging tax advisory committee consisting of five members.
Two members of the committee shall be representatives of businesses required to collect the tax,
and at least two members shall be persons involved in activities authorized to be funded by this
chapter. The City shall solicit recommendations from organizations representing businesses that
collect the tax and organizations that are authorized to receive funds under this chapter. The
committee shall be comprised equally of members who represent businesses required to collect
the tax and members who are involved in funded activities. One member of the committee shall
be from the City Council. Annually, the membership of the committee shall be reviewed. The
Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee
with Council confirmation of the nominees. Nominations shall state the term of committee
membership. Appointments shall be for one-and two-year terms. (Ord.27 § 4,2003)."
c. Finance Committee-- 3 members.
"SVMC 2.50.120(a) and (b)Establishing travel policies and procedures.
a. The responsibility and authority for developing, adopting, modifying and monitoring
the travel policies and procedures for reimbursement of expenses incurred while on official
business of the City of Spokane Valley is delegated to the City Council Finance Committee. It is
recognized by the City Council that public officials and employees will periodically be required
to travel and incur related expenses on behalf of the City. The purpose of the travel policies and
procedures is to provide criteria for payment and/or reimbursement of valid expenses. The
Council directs that the Finance Committee consider the following in the development of travel
policies and procedures: (A).Reimbursement for transportation costs when using personal
automobiles including rates to be established on a mileage or other reasonable basis and for
airfare or other mode of travel; (B). Reimbursement for hotel/motel accommodations;
(C).Reimbursement for meals either at actual cost including a per meal maximum amount or a
per diem allocation; (D). Reimbursement for incidental expenses such as parking, taxis, buses,
rental cars, etc.; and(E). Such other matters that are reasonably related to travel.
b. The finance department, under the supervision of the Finance Committee, is directed
to develop a fully itemized travel expense form which shall be used to administer the City travel
39
policy and account for expenditures and reimbursement of officials or employees. Claims for
reimbursement must be accompanied by receipts showing the amount paid and items/services
received unless otherwise provided in the policies and procedures. All claims for reimbursement
shall be duly certified by the individual submitting such claim on a form approved by the Finance
Director in compliance with state regulations and guidelines established by the State Auditor. For
administrative staff, the City Manager or designee shall approve expenses and reimbursement.
The City Council shall approve, through budget allocation, travel expenses and reimbursement
for Council members. The Council reserves the right to review the travel policies and procedures
of the City including modifying and amending the same from time to time. (Ord. 29 § 1,2003)."
The Finance Committee shall have no regularly prescribed duties or meetings except the
bills/payroll and warrant procedures required by state law, unless specifically charged by the City
Council.The City Manager may also request meetings to discuss matters of financial interest with
the Finance Committee.
SVMC 3.35.010(D) Contract Authority
The Finance Committee of the City Council is authorized to approve change orders on
short notice that are in excess of the amounts authorized in subsection C of this section, in
circumstances where such a change order is necessary to avoid a substantial risk of harm to the
City. In such an event,the city manager shall provide appropriate information to the City Council
at its next regular meeting setting forth the factual basis for the action. (Ord. 07-004 §2, 2007;
Ord. 03-072§ 2,2003.).
2. When required by law, committee meetings should be open to the public, including the media, unless
discussing matters which would qualify for an executive session if discussed within the whole Council.
All Council committee meetings shall be for the purpose of considering legislative policy matters, rather
than administrative matters unless requested by the City Manager. Legislative policy considerations
should be brought to the Council unless referred to a committee for pre-study.
3. The Mayor may appoint such other 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. As with all committee vacancies, ads announcing a vacancy or soliciting membership or
participation in a task force or other committee will be placed on the City's website, and in the City's
official newspaper.
4, Council Liaison. Appointments shall be by the Mayor and confirmed by the Council for a time certain
not to exceed the term of the appointing Mayor. 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 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.:
Planning Commission quasi-judicial). Liaison functions and duties may be further defined and/or directed
by the Presiding Officer with concurrence of Council.
5. Task Force. The City Council may create, and confirm the Mayor's recommendation to appoint
members to small task force groups. A task force is a temporary group formed and "tasked" by
legislative authority to study a specific subject for a specified period of time.
6. After consultation with the City Manager, any other Council committees, citizen task forces or similar
organized groups shall have rules or operating procedures thereof established by Council directive with
40
special attention to RCW 35A.13.12031. Such committees shall be commissioned for a time certain, not
to exceed two years or the term of the appointing Mayor, whichever is less and be provided with a clear
task description. Appointment shall be by the Mayor. Council may waive confirmation in the instrument
creating said committee or group. Such committees shall be subject to review whenever a new Council is
seated following elections, so as to determine whether the committee and its functions continue to be
appropriate and necessary. Members of any committee, board or commission which have been appointed
or confirmed by the Council, may be removed without cause by a majority vote of the Council. No
advisory board, commission, committee or task force shall take any final action outside of an open public
meeting unless permitted to do so per state statutes, and when permitted by state statutes, no final action
shall be taken without the foreknowledge and approval of majority vote of the Council.
C. Private Committees, Boards, Commissions
The Council recognizes there are various other private boards and committees, such as Spokane
Neighborhood Action Partners (SNAP),which appointments are made by their own board. These boards
and committees which do not require an appointment by our Mayor, with confinnnation by our Council,
are nonetheless important aspects of our community and we recognize the time commitment any
Councilmember may extend as a member of any of these committees and/or boards. As well, Council
appreciates hearing a periodic report or update on activities and issues surrounding those boards and
committees.
41
CHAPTER 6
Disclaimer
c DISCLAIMER
A. Purpose
These City Council Rules of Procedure are designed to provide guidance for the City Council.
They are not to be considered restrictions or expansions of City Council authority. These rules
have been prepared from review of many statutes, ordinances, court cases and other sources but
they are not intended to be an amendment or substitute for those statutes, ordinances, court
decisions or other authority.
B. 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 action or
be deemed a violation of oath of office,misfeasance or malfeasance. No authority other than the
City Council may enforce these rules or rely on these rules. Failure of the City Council to follow
any of these rules shall be considered a Council decision to waive such rule. No notice of such
waiver need be given.
C. Reliance
Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council
and not to provide substantive rules affecting constituents, it is expressly stated that these rules
do not constitute land use regulations, official controls, "appearance of fairness rules," public
hearing rules, or other substantive rules 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.
42
Appendix A: Definitions
Action: All transactions of a governing body's business, including receipt of public testimony,
deliberations, discussions, considerations, reviews, and evaluations, as well as "final" action. [RCW
42.30.01032,42.30.020(3)33].
Codified: The process of forming a legal code (i.e., a codex or book of laws) by collecting and including
the laws of a jurisdiction or municipality.
Consensus: A collective judgment or belief; solidarity of opinion: "The consensus of the group was that
they should meet twice a month. General agreement or harmony. [Random House Webster's College
Dictionary, April 2001] [Wikipedia: explains it as a group decision making process; not necessarily the
agreement. In other words, the question to the group is: "Is this something you can live with?" or, Does
anyone object?] It is not unanimity, but more a process for deciding what is best overall. Members of the
group reach a decision to which they consent because they know it is the best one overall. It differs from
voting which is a procedure for tallying preferences. Sometimes knowing there will be an up-down vote
at the end often polarizes the discussion. It does not require each member of the group to justify their
feelings. [Taken from: Consensus Is Not Unanimity: Making Decisions Cooperatively, by Randy
Schutt."J Similar to a type of verbal "show of hands" on who feels particularly strong on this?"
Sometimes thought of as preliminary approval without taking final "action." A show of hands is not an
action that has any legal effect. ["Voting and Taking Action in Closed Sessions"by Frayda Bulestein.]
Ex-parte: from a one-sided or partisan point of view; on the application of one party alone. An ex-parte
judicial proceeding is conducted for the benefit of only one party.Ex-parte may also describe contact with
a person represented by an attorney, outside the presence of the attorney.
Motion: An enacted motion is a form of action taken by the Council to direct that a specific action be
taken on behalf of the municipality. A motion, once approved and entered into the record, is the
equivalent of a resolution in those instances where a resolution is not required by law, and where such
motion is not in conflict with existing state or federal statutes, City ordinances or resolutions.
Ordinance: An enacted ordinance is a law passed [enacted] by a municipal organization legislatively
prescribing specific rules of organization or conduct relating to the corporate affairs of the municipality
and those citizens and businesses therein. Council action shall be taken by ordinance when required by
law, or where prescribed conduct may be enforced by penalty. Special ordinances such as adopting the
budget, vacating a street, amending the Comprehensive Plan and/or Map, and placing a matter on an
election ballot, including general obligation bonds,are not codified into the City's municipal code.
Resolution: An enacted resolution is an administrative act which is a formal statement of policy
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 policy more formal than a motion is
desired.
Regular Meeting: Any Council meeting that meets in the Spokane Valley City Council Chambers on
Tuesday at 6:00 p.m. shall be deemed a"regular meeting."
Social Media: A term used to define the various activities that integrate technology, social interaction
and content creation. Through social media, individuals or collaborations of individuals create on-line
web content, organize content, edit or comment on content, combine content, and share content. Social
media uses many technologies and forms including syndicated web feeds, weblogs (blogs), wiki, photo-
sharing, video-sharing, podcasts, and social networking. (From MRSC, and Social Media and Web2.0 in
Government, WebContent.gov)
43
Appendix B: Frequently Used Acronyms
AACE -American Association of Code Enforcement
ADA-Americans with Disabilities Act
ADT-Average Daily Traffic
ATF-Bureau of Alcohol, Tobacco&Firearms
AWC -Association of Washington Cities
BOCC -Board of County Commissioners
CAFR-Comprehensive Annual Financial Report
CDBG -Community Development Block Grant
CIP-Capital Improvement Plan
CM-City Manager
CM/AQ - Congestion Mitigation &Air Quality Program
CTED -Community, Trade, &Economic Development(now Department of Commerce)
CTR-Commute Trip Reduction(legislation)
CUP-Conditional Use Permit
DEIS-Draft Environmental Impact Statement
DEM-Department of Emergency Management
DNR-Department of Natural Resources
DNS -Declaration of Non-Significance
DOE -Department of Ecology;Department of Energy
DOT-Department of Transportation
E911 -Enhanced 911
EA -Environment Assessment
EDC -Economic Development Council
EEO/AA-Equal Employment Opportunity/Affirmative Action
EEOC -Equal Employment Opportunity Commission
EIS -Environmental Impact Statement
EOE-Equal Opportunity Employer
EPA- Environmental Protection Agency
ERU-Equivalent Residential Unit(for measuring water-sewer capacity and demand)
ESU -Equivalent Service Unit(for measuring stormwater utility fees)
F&WS- Federal Fish &Wildlife Service
FAA-Federal Aviation Administration
FCC -Federal Communications Commission
44
FEIS -Final Environmental Impact Statement
FEMA-Federal Emergency Management Agency
FICA-Federal Insurance Contribution Act
FIRM-Flood Insurance Rate Maps
FLSA -Fair Labor Standards Act
FMLA-Family Medical Leave Act
FY-Fiscal Year
GAAP-Generally Accepted Accounting Principles
GASB -Governmental Accounting Standards Board
GIS - Geographic hiformation System
GMA- Growth Management Act
GPM-Gallons Per Minute
HOV-High-Occupancy Vehicle
HR-Human Resources
HUD -Housing&Urban Development(Department of)
ICMA- International City/County Management Association
L&I-Labor& Industries(Department of)
LID -Local Improvement District
MGD -Million Gallons per Day
MOA -Memorandum of Agreement
MOU-Memorandum of Understanding
MPO -Metropolitan Planning Organization
MRSC -Municipal Research Services Center
NEPA-National Environment Policy Act
NIMBY-Not In My Backyard
NPDES -National Pollutant Discharge Elimination System
PE -Preliminaty Engineering; Professional Engineer
PERC -Public Employment Relations Commission
PMS- Pavement Management System
PPE -Personal Protective Equipment
PPM-Parts Per Million; Policy&Procedure Manual
PUD -Public Utility District
PW -Public Works
QA- Quality Assurance
RCW -Revised Code of Washington
45
REET -Real Estate Excise Tax
ROHR Robert's Rules of Order Newly Revised
ROW -Right of Way
SAO- State Auditor's Office
SBA- Small Business Administration
SEPA- State Environmental Policy Act
SMA- Shorelines Management Act
SWAC - Solid Waste Advisory Committee
TIB -Transportation Improvement Board
TIP -Transportation Improvement Program
TMDL- Total Maximum Daily Load
UBC -Uniform Building Code
UFC-Uniform Fire Code
UGA-Urban Growth Area
WAC - Washington Administrative Code
WACO - Washington Association of County Officials
WCIA-Washington Cities Insurance Authority
WCMA-Washington City/County Management Association
WSDOT- Washington State Department of Transportation
WSP -Washington State Patrol
WUTC -Washington Utilities &Transportation Commission
WWTP -Wastewater Treatment Plant
46
APPENDIX C: Council Report/Council Comments
Formal Council Meetings Study Sessions
Council Reports/Committee Updates General Council Comments
Concerning Council's Participation on General Comments Not necessarily
Regional Committees and Boards: connected with any committee or board:
• Budget updates or proposed cuts • Upcoming events
• Upcoming or recent events • Items that occurred after last
• Newly appointed or assigned week's meeting that you
CEO's want/need to share before the next
• Vision,mission,goals& Council meeting
objectives discussed,adopted or • General questions or comments to
changes City Manager
• Long range financial plans
47
APPENDIX D: RESOLUTION 07-019
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
RESOLUTION NO. 07-019
AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS
A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027,
ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS
OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH
ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND
EXECUTIVE DECISIONS TOWARD EFFECTIVE,RESPONSIVE,AND OPEN GOVERNMENT
WHEREAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged
with promulgating Ordinances and Resolutions which become the law of the city; and
WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and
in harmony with, all other applicable federal and state statutes and regulations; and
WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct
of city government;
Section 1. Modifying Resolution 03-027 as set forth below by adding new section 7. The remainder
of the resolution 03-027 is unchanged:
NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve
that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of
Spokane Valley City Government.
Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and
their government to look to the future beyond the present generation and to bring such
ideas to public discussion and to enhance a sense of community identity.
Section 2. We believe that elected body decision-making is the only lawful and effective way to
conduct the public's legislative business and that careful observance of a clear set of
Governance Coordination rules of procedure can best enhance public participation and
decision making.
Section 3. We believe in the City Council as policy leaders of the City. One or more City
Councilmembers are encouraged to take the lead, where practical, in sponsoring
Ordinances or Resolutions excepting quasi-judicial or other public hearings and the
statutory duties of the City Manager as set forth in RCW 35A.13.02034.
Section 4. We believe in hearing the public view. We affirm that members of the public should be
encouraged to speak and be heard through reasonable rules of procedure when the public
business is being considered, thus giving elected officials the broadest perspectives from
which to make decisions.
48
Section 5. We believe that the City of Spokane Valley's governance should be known as "user
friendly," and that governance practices and general operations should consider how
citizens will be served in the most responsive, effective and courteous manner.
Section 6. We believe that the economic and commercial job base of the community should be
preserved and encouraged to grow as an alternative to increasing property taxes. We
believe it imperative to have an expanded and diverse economic base,
Section 7. We believe that Councilmembers set the tone for civic discussion and should set an
example by:
(a) Setting high standards of decorum and civility.
(b) Encouraging open and productive conversation amongst themselves and with the
community about legislative matters.
(c) Demonstrating respect for divergent points of view expressed by citizens, fellow
Councilmembers and the staff.
(d) Honoring each other and the public by debating issues within City Hall and the
Community without casting aspersions on members of Council,the staff, or the public.
(e) Accepting the principle of majority rule and working to advance the success of
"corporate" decisions.
Section 8. We solicit the City Manager's support in conducting the affairs of the city with due
regard for:
(a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the
organizational teamwork necessary for effective,responsive and open government.
(b) Providing the City Council and public reasonable advance notice when issues are to be brought
forward for discussion.
(c) Establishing and maintaining a formal city-wide customer service program with emphasis on
timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation
within the bounds of responsibility, integrity, and financial capability of the city, including
organizational and job description documents while pursuing"best practices"in customer service.
(d) Seeking creative ways to contain or impede the rising cost of governmental services, including
examination of private sector alternatives in lieu of governmentally provided services.
(e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that
good ideas from its citizens and leaders are not lost and the status of projects can be readily
determined.
Approved by the City Council this 11th day of December, 2007.
ATTEST: Is/DIANA WILHITE
Diana Wilhite,Mayor
Isl CHRISTINE BAINBRIDGE
Christine Bainbridge,City Clerk
Approved as to form:
IS/MICHAEL F. CONNELLY
Office of the City Attorney
49
APPENDIX E: STATEMENT OF ETHICS
SPOKANE VALLEY CITY COUNCILMEMBERS' STATEMENT OF ETHICS
By adoption of the Resolution which adopts this Governance Manual, the Spokane Valley City
Councilmembers hereby agree to be bound by the following rules of ethics:
DECLARATION OF PURPOSE;
• Provide guidelines and set high ethical standards for Councilmembers to perform their duties in an open,
honest, and unbiased manlier.
• Establish procedures for prevention and/or elimination of possible conflicts of interest.
• Improve and strengthen the public's perception and trust in their local government.
DEFINITIONS:
Compensation: Anything of economic value regardless of amount, however designated, which is paid,
loaned, advanced, granted, transferred, or gifted, or to be paid, loaned, advanced, granted, transferred or
gifted for or in consideration of personal services to any person or that person's immediate family as that
term is defined in RCW 42.17A.005(24)35
Contract: Includes any contract or agreement, sale, lease, purchase, or any combination of the foregoing. A
contracting party is any person, partnership, association, cooperative, corporation, whether for profit or
otherwise,or other business entity which is a party to a contract with a municipality.
PROHIBITED CONDUCT:
(a) Acceptance of Gifts: No Councilmember, based solely on their position with the City of Spokane
Valley, shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value
regardless of the amount, as a gift, gratuity, or favor from any person or entity outside the City organization.
Campaign donations made and reported in conformance with Washington law are exempt from this
provision.
(b) Interest in Contracts, Exceptions: No Councilmember shall be beneficially interested, directly or
indirectly, in any contract where the City of Spokane Valley is named as a party to the contract; and no
Councilmember shall accept, directly or indirectly, any compensation, gratuity or reward in connection with
such contract. This prohibition shall not apply to the exceptions specified in RCW 42.23.030 36 which are
incorporated herein as if fully set forth.
(c) Incompatible Service; Confidential Information: No Councilmember shall engage in or accept private
employment or render services for any person, or engage in any business or professional activity when such
is incompatible with the faithful discharge of his/her official duties as a Councilmember. No Councilmember
shall disclose confidential information acquired by reason of such official position, nor shall such
information be used for the Councilmember's personal gain or benefit.
PERSONAL OR PRIVATE INTERESTS,PUBLIC DISCLOSURE:
Any Councilmember who has a financial or other private or personal interest in any ordinance, resolution,
contract, proceeding, or other action pending before the City Council or any of its committees, shall promptly
disclose such interest at the first public meeting when such matter is being considered by the City Council,
and a summary of the nature of such interest shall be incorporated into the official minutes of the City
Council proceedings. Any Councilmember who feels disqualified by reason of such interest in any matter
before the City Council, shall make a public statement and disclose the reasons why that Councilinember
feels disqualified, and state that they are recusing themselves from the issue, and with permission of the
Presiding Officer, will leave the Council Chambers until such time as the issue at hand has been disposed of
in the regular course of business.
50
APPENDIX F: INDEX
donation 29
donations•28,50
9
9:00 p.m•8 E
Election of Officers•22
A electronic message•8,14
emergency•6,12,14,15,19
absence•5,6, 10, 13,29 Emergency. 14,44,45
Adjournment.8,14 emergency ordinance•15
Advance Agenda 12 excuse•6,10,13,36
agenda 6,7,8,9,10,11,12, 14,15,16,18,19,20,25,28, excused 13,29
38 Executive Session 8,10
amend 17,42 Executive Sessions•2,5,10,11
amended•6,15, 16,17 Ex-Parte communications•33
amended agenda•6,9
Appearance of Fairness Doctrine•35,36,40
appointment•11,29,38,41 F
Approaching the Dais•15
Attendance•11,13,29 Filling Council Vacancies•2,22
finance•39
Finance.25,39,40
8 Finance Committee.3,25,39,40
Formal Format•2,6
ballot•7,22,26,43 Forms of Address.6,10
board•6,35,38,41
budget. 15,25,32,40,43
budget amendment. 15 H
hearing•7,19,32,33,34,35,36,41,42
Hearing 33
hearing examiner•33,34,35
Citizen Contact•28
City Clerk•6,7,8,9,11,12,13,15,18,19,22,29,32,33
City Manager.6,7,9, 10,13,15,16, 18,19,28,29,36,40, f
44
Comments•7,8,10,15 Interference.29
Complaints•28 Internet•2,8, 14
conflict of interest•15,35,40
Consensus 43
contract•50 L
CONTRACT.50
Contract Authority.40 last six months•25
Correspondence•2,28 Legislative Agenda•25
Council liaison•40 Lodging Tax Advisory Committee.39
Council Packets•19
M
D
majority•5,7,8,13,15,16,17,18,19,22,24,25,38,41,49,
dais•9,15,19 53
demonstrations•7,32 majority plus one•17
Deputy Mayor•5,6, 12,22 material•6,9, 19,32
display materials•7
51
meeting 5,6,7,8,9, 10,11,12,13,14,15,16, 17,18, 19, recuse•15,36
20,22,23,26,28,29,32,35,38,40,41,43,50,53 recusing•50
minutes.7,13,16,22,29,32,34,38,50 regular meetings.5, 13
Motion•10,43 reintroduced•16
Motions•16 Reports•6,8,38
Request for Council Action form(RCA)•19
Resolutions• 18,20,43
fV respect•13,38
Roll Call•6,10
National League of Cities•25
new item•6
Non-action•9,12 S
Seating Arrangement•13
Q show of hands•43
social media .28,43
Open Public Meetings Act 5 Social Media 2,28,43
opinion 36,43 SPECIAL MEETINGS,11
opinions 8,33 Study Session Format•2,9
ordinance. 13, 15,18,28,42,43,50 surprise•9,12
Ordinances•18,20,43
r
P
Table•17
parliamentarian•13 Task Force 7,40
Parliamentary Procedure•2,17 three•6,7,8,11,13,20,32,39
Photographs 15 three Councilmembers•6
Planning Commission 33,38,40 three touch principle 18
podium 15, 16,32 Three Touch Principle•20
point of order•13 Time 5,32
posterboards 7 Travel Provisions 25
PowerPoints•6,9
Pre-Agenda•2, 12
preliminary•11,33,43 IU
presentations•6,7,9,32
Presiding Officer•2,5,6,7,8,9,10,13,14,15,16,18,22, Unfinished•8
29,32,36,38,40
Public Disclosure•33
-
V
Q vacancy•22,23,24,25,40
video•6,9,13,14,15,29,43
qualifications. 10,11 Voting•2,9,12, 15
Quasi-Judicial•3,33
Quorum• 13
w
R withdraw•16, 17
written findings 35
Reconsideration•2, 18 Written Public Comments•8
52
Endnotes:
1 RCW 42.30.110—Open Public Meeting Act,Executive Sessions
2 RCW 42.30.140-Open Public Meeting Act,
3 RCW 35A.13.035-Optional Municipal Code(35A)--Council-manager plan of government
4 RCW 42.52—Ethics in Public Service
5 RCW 42.56—Public Records Act
6 RCW 35A.12.160 Optional Municipal Code (35A)—Council manager plan of government; public notice of hearings
and meeting agendas
' RCW 35A.13.170 — Optional Municipal Code (35A) — Council manager plan of government; council meetings —
quorum,rules-voting
8 RCW 35A.12.110—Council meetings, shall meet regularly,at least once a month,
9 RCW 35A.12.110 ibid,
10 RCW 4230.080-Open Public Meetings Act, Special Meetings,procedures for calling Special Meetings
u RCW 42.30.090--Open Public Meetings Act,Adjournments
12 RCW 35A.13.170 - Optional Municipal Code (35A) — Council manager plan of government; council meetings —
quorum,rules-voting
13 35A.12.120—Council meetings,shall meet regularly,at least once a month
14 RCW 35A.12.060—A council position shall become vacant if the councilmember fails to attend three consecutive
regular meetings of the council without being excused by the council.
15 RCW 35A.13.030—Mayor—election—chair to be mayor—duties:Biennially at the first meeting of the new council
members shall choose a chair from among their number;the chair shall have the title of mayor and preside at meetings..
16 RCW 35A.13.190—Ordinances,emergencies,may be effective upon adoption if passed by a majority plus one of the
whole membership of the council and have the ordinance designated as a public emergency;but such ordinance may not
levy taxes,grant,renew or extend a franchise,or authorize the borrowing of money.
17 RCW 35A.13 -Council-manager plan of government.
18 RCW 35A.13.030 -Mayor—election—chair to be mayor—duties: Biennially at the first meeting of the new council
members shall choose a chair from among their number;the chair shall have the title of mayor and preside at meetings..
19 RCW 35A.13—Council-manager plan of government.
20 RCW 35A.13.020—Mayor—election,chair to be mayor,duties
21 RCW 35A.13.020—ibid.
22 RCW 35A.13.080- City manager--powers and duties.
23 RCW 35A.13.080
24 RCW 35A.13,120 - City manager — interference by councilmembers; council shall deal with the administrative
service solely through the manager
53
25 RCW 42.36.040—Appearance of Fairness—public discussion by candidate for public office
26 RCW 42.36.060--Quasi-judicial proceedings,ex-parte communications prohibited,exceptions.
2'Chapter 36.70C RCW--Judicial review of land use decisions
28 RCW 43.21C.075—State environmental policy;Appeals.
29 RCW 36,708.130—LocaI Project Review;Notice of Decision;distribution
30 RCW 42.36.010 Appearance of fairness doctrine—local land use decisions.
31 RCW 35A.13.120 - City manager — interference by councihnembers; council shall deal with the administrative
service solely through the manager
32 RCW 42.30.010 - Open Public Meetings Act; Iegislative declaration. It is the intent of this chapter that their actions
be taken openly and that their deliberations be conducted openly.
33 RCW 42.30.020(3)--Definitions--defines"action"
34 RCW 35A.13.020 — Election of councilmembers -- eligibility—terms — vacancies -- forfeiture of office — council
chair.
36 RCW 42.17A.005(24)—. "Immediate family" includes the spouse or domestic partner, dependent children, and other
dependent relatives, if living in the household. For the purposes of the definition of "intermediary" in this section,
"immediate family" means an individual's spouse or domestic partner, and child, stepchild, grandchild, parent,
stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse or the domestic
partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother,
sister, or half sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such
person.
36 RCW 42.23.030 - Code of Ethics for municipal officers, contract interests, interest in contract prohibited —
exceptions. "No municipal officer shall be beneficially interested, directly or indirectly, in any contract which may be
made by, through or under the supervision of such officer, in whole or in part,or which may be made for the benefit of
his or her office, or accept, directly or indirectly, any compensation,gratuity or reward in connection with such contract
from any other person beneficially interested therein." Some exceptions include furnishing utility services. Most
exceptions apply to entities other than cities.
54