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2020, 09-15 Study Session MINUTES City of Spokane Valley City Council Regular Meeting Study Session Format Tuesday, September 15, 2020 Mayor Wick called the meeting to order at approximately 6 pm. The meeting was held in City Hall with Council, staff and presenters participating via ZOOM. Ben Wick, Mayor Mark Calhoun, City Manager Brandi Peetz, Deputy Mayor John Hohman,Deputy City Manager Pam Haley, Councilmember Cary Driskell, City Attorney Tim Hattenburg, Councilmember Mike Stone,Parks&Rec Director Rod Higgins, Councilmember Erik Lamb,Deputy City Attorney Linda Thompson, Councilmember Sarah Farr,Accounting Technician Arne Woodard, Councilmember Dan Domrese, Accounting Manager Christine Bainbridge, City Clerk ROLL CALL City Clerk Bainbridge called the roll;all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the agenda. NON-ACTION ITEM: 1. Outside Agencies Funding Requests—Chelsie Taylor,Dan Domrese Mr. Domrese gave an overview of the process for Outside Agency funding, and asked Councilmembers to provide their individual scoring sheet to Finance Director Taylor by 4:00 p.m.Friday,October 9,2020; and that the total award amounts recommended should add up to $182,000. Representatives from the following organizations gave a brief presentation in response to our call for Outside Agency Funding: Christ Kitchen, Elevations Childrens Therapy, Feed Spokane, Family Promise, GSC Meals on Wheels,Heidi Duty,HUB,JAKT,Jazzed About Reading,Pet Savers,Project Beauty Share, Spokane Rapids, and the Spokane Valley Arts Council. Mayor Wick called for a recess at 7:20 p.m. The meeting reconvened at 7:34 p.m., and presentations continued with Spokane Valley Heritage Museum, Spokane Valley Partners, Spokane Valley Summer Theatre, Spokane Workforce Council, Spokanimal, Teen&Kid Closet,The Family Guide Rally the Valley and The Family Guide Back to School,Valleyfest and Valleyfest Multicultural Event,Widows Might,and the YWCA. Mr.Domrese reminded Council about the scoring sheet included in the binder for Council's recommended funding, and to please return that to Finance Director Taylor no later than Friday, October 9, that totals should equal $182,000, and that the allocation motion will be included on the October 20 Council meeting. ACTION ITEM: 2. Motion Consideration: Public Comment Process—Cary Driskell Mayor Wick said that tonight Council will begin with discussion. City Attorney Driskell said this agenda item is in response to Council concerns about public comments and rules of how to engage in those comments in a City business meeting; he mentioned the draft language and said Council can adopt all the proposed changes, some, none, or propose something different; and that if Council determines,this could return to a future Council meeting. Mr. Driskell explained that he researched a lot of case law and spoke to many other jurisdictions on this topic; said it is interesting looking at other laws from other jurisdictions in that some don't necessarily reflect a recent analysis; he said it is important to see how recent those provisions are and if they are enforced. Further,Mr. Driskell explained that Council meetings are business meetings, and the courts recognize this is not an open public forum but rather a limited public forum where Council Meeting Minutes:09-15-2020 Page 1 of 3 Approved by Council: 10-13-2020 there can be reasonable time,place and manner restrictions such as what has already been done with a three- minute time limit. There was Council discussion about whether this would be better to slow down and send this issue back to the Governance Manual Committee, and then come back to full Council. Mayor Wick said he feels the Manual doesn't give him the latitude to curb some citizen comments, adding that he would like to have a process to stop the citizen-to-citizen comment. Councilmember Thompson expressed her appreciation to City Attorney Driskell for putting in the time to clarify some of the language in the manual, that she likes limiting speakers to one of the two public comment periods,and that she supports the changes proposed by Mr. Driskell. Couneilmember Hattenburg said he agrees with Councilmember Thompson, that he understands this won't stop some of the negative comments,and that he too supports the changes as drafted. Deputy Mayor Peetz said this discussion was about up about a year and a half ago concerning doing City business, but the comments have gotten progressively worse, that the clarification is needed and she supports the proposed changes and said she feels this does not need to go to committee. Councilmember Haley said if this goes back to the Governance Manual Committee, it would still come back to Council; that when this conversation occurred a year and a half ago, Council was told there was nothing Council could do and that people could say what they wanted and by virtue ofthe position,she said Councilmembers need to be able to take the comments,that she has received negative comments over the years;and by giving this to the Governance Manual Committee,they could work with Mr. Driskell to determine what can and can't be done; she said the public at times brings themselves into our meetings, and when the public goes against them,that is taken negatively; she said if members of the public bring themselves into the meeting, they should expect to get something back; regarding slanderous comments, said that falls under decorum and that she feels no one should be able to say that to any citizen in a council meeting; said this needs to go to the committee with the City attorney to make sure any changes won't subject us to a lawsuit. At approximately 9:00 p.m., it was moved by Councilmember Thompson, seconded and unanimously agreed to extend the meeting for fifteen minutes. En response to Councilmember Thompson's question of Mr. Driskell if the proposed language is legal and viable to have as procedures, Mr. Driskell said if he proposes language to Council, it is legal.Mr. Driskell then discussed the idea of what people can or can't say or do in meetings;that just making comments won't get someone removed from a meeting, but disruptive conduct could,which could include such things as not stopping talking when the time limit is up, yelling, or throwing papers at the dais; and said Council has already implemented some procedures to address that.He also noted that there are various ways people can contact Council other than at a meeting, they can call, e-mail, or send letters so those avenues of public comment will not change; he said Council can ask people to be polite but can't make them; and if there are regulations, everyone must be treated the same; said regarding Council's work as Councilmembers, we can't allow people to praise Councilmembers in their jobs but not allow criticism;and that if comments are to be kept to the business of the city, that regulation would apply to all. Mr. Driskell also reminded Councilmembers that as elected officials,they have to have thick skin when it comes to comments;that we can ask that people allow us to conduct meetings professionally, but we likely can't make them do that. Mr. Driskell also noted the added proposed language about the prohibition of citizens discussing not only current or future/probable ballot issues, but past ballot issues/elections as well. It was moved by Councilmember Hattenburg and seconded to approve the proposed changes to the Governance Manual Chapter 1.(C) relating to public comments (pages 14-15), and Chapter 2(F) relating to ballot measures (pages 36-37) as drafted, that these changes become effective upon approval, and that these changes be incorporated into the Governance Manual during the next general update of that document. Two citizens signed up to speak: Ms. Barb Howard, Spokane Valley: she asked Council to look at the July 3, 2018 and the July 10, 2018 meetings; said she will play by the rules as long as they are applied the same to all; she asked who makes the determination of what is city business; that she has sat through a lot of Council meetings and not seen the City Attorney address anything but simply let it go on; she said Councilmembers are fair game;that she Council Meeting Minutes:09-15-2020 Page 2 of 3 Approved by Council: 10-13-2020 has seen people get attacked over the years and it is getting worse; that if the Mayor can't conduct the meeting she suggested someone else should step in. It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to extend the meeting for ten more minutes. Mr. Bob West, Spokane Valley: he extended thanks to the City Attorney for his research and said the Attorney's recommended changes are right on point except for one area; he extended his apologies for the `back and forth' comments and said he feels he has the right to defend himself; and he agreed that public comments need to be about the business of the City; said he supplied the City Clerk and Council examples of language from various cities and citations from the State of Washington; said by allowing the present language to stand and not prohibiting language that prohibits attacks on Councilmembers, especially defamation and slanderous remarks against other private citizens during public comment, is a breeding ground for litigation against the City and he cited a court case from the 4th U.S. Circuit Court of Appeals which speaks to his argument, as well as other cases and state statutes. City Attorney Driskell said that Ms. Howard was correct in that whatever is adopted must be applied and enforced equally regardless of who is speaking; and he suggested to Ms. Howard that even if she criticizes him, like the Council he needs to have thick skin, that he is a public employee and would not retaliate against her for her comments;concerning Mr. West's comments, said that he appreciates the legal research and wish the laws from the 4th Circuit applied to us but they do not as we are in the jurisdiction of the 9ti' Circuit Court of Appeals which has made it very clear they are much more protective of the First Amendment rights than the 4th Circuit Court of Appeals; said he has provided Council with verbiage of the limit of what can be done concerning handling comments. Councilmember Haley asked Mr. Driskell for his recommendation of passing this tonight or having it return to the Committee. Mr. Driskell replied he takes no position; but if this proposed language is adopted tonight, it would be effective immediately and be in full force and effect but not put into the Governance Manual until the next iteration adopted by resolution likely next year; so not an interim rule, it just wouldn't be in the actual manual until some time next year. Councilmember Woodard called the question:In favor of stopping discussion and proceeding to vote: unanimous; opposed: none. Vote approved to stop discussion. Vote by acclamation in favor of the motion as stated to approve the proposed changes: in favor: Mayor Wick, Deputy Mayor Peetz, and Councilmembers Hattenburg and Thompson. Opposed: Councilmembers Haley, Higgins and Woodard. Motion passed. It was moved by Councilmember Woodard, seconded and unanimously agreed to extend the meeting two additional minutes. NON-ACTION ITEMS: 3. Advance Agenda—Mayor Wick There were no suggested changes to the Advance Agenda. 4. Council Comments—Mayor Wick There were no additional Council comments. 5. City Manager Comments—Mark Calhoun Mr. Calhoun had no additional comments. It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:20 p.m. ATTES uj Ben Wick, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes:09-15-2020 Page 3 of 3 Approved by Council: 10-13-2020 Chris Bainbridge From: Chris Bainbridge Sent: Tuesday, September 15, 2020 10:09 AM To: City Council Cc: Cary Driskell Subject: FW: Written information submitted for Council Members Attachments: Sample Cities Council Meetings Public Comment Rules.docx Importance: High Follow Up Flag: Follow up Flag Status: Flagged Good morning all. Please note the attached document which Mr. Bob West has asked to be included as part of his public comments tonight under agenda item #2. Council — PLEASE DO NOT REPLY ALL— but please let me know that you received this document. Thank you- Chris Christine (Chris) Bainbridge City Clerk 509- 720-5102 From: refman50@comcast.net<refman50@comcast.net> Sent:Tuesday, September 15, 2020 10:03 AM To: Council Meeting Public Comment<councilmeetingpubliccomment@spokanevalley.org> Subject: Written information submitted for Council Members Dear Chris: Please accept the following attachment as additional information to be handed out to Council Members in addition to my public comment this evening on the "Public Comment Process." The information contained on this attachment is Rules, Procedures, and Citations from various cities across the State of Washington and other jurisdictions that give samples of the language that they use for governance of their public comment periods. There is also Case law contained and citations provided. I will be making public comment as well as providing this to Council and City Attorney. 1 Date of Meeting: 091520 Agenda item: Public Comment Process First and last name: Bob West City of Residence: Spokane Valley Your Comment: "See attached" Thank you, BobW CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. 2 SAMPLE CITIES RULES OF PROCEDURES FOR CITY COUNCIL MEETINGS 4th U.S. Circuit Court of Appeals—In Steinburg v. Chesle,field County Planning Commission, the 4th Circuit wrote: "We conclude that a content-neutral policy against personal attacks is not facially unconstitutional insofar as it is adopted and employed to serve the legitimate public interest in a limited forum of decorum and order."The appeals court reasoned that the policy was content-neutral, as people could still present their viewpoints and messages disagreeing with certain policies without resorting to personal attacks. RCW 35A.12.120 Council—Quorum—Rules—Voting. At all meetings of the council a majority of the councilmembers shall constitute a quorum for the transaction of business,but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The council shall determine its own rules and order of business and may establish rules for the conduct of council meetings and the maintenance of order. Association of Washington Cities Mayor and Council Member Handbook 7.5 Personal and slanderous remarks: Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the council may be requested to leave the meeting and may be barred from further audience before the council during that council meeting by the chair or presiding officer. US District Court for the District of Kansas -2 F. Supp. 2d 1362 (D. Kan. 1998) ORDERED the City of Topeka's motion for summary judgment to be granted. This ruling outlined numerous court rulings, in various jurisdictions to include our own, and the US Supreme Court, that slanderous remarks against individuals during council meetings are "not" protected speech. Tacoma City Council. Courtesy. All speakers during Public Comment or Community Forum, in the discussion, comments, or debate of any matter or issue, shall be courteous in their language and deportment and shall not engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any member of the Council, or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relevant, as determined by the presiding officer, to the question or matter under discussion Seattle City Council: E. Abusive and Harassing Behavior During City Council Meetings and Committee Meetings. 1. Engaging in abusive or harassing behavior may subject an individual to immediate removal from a meeting and an exclusion from future attendance at Council and/or committee meetings for a period of up to one year. 2. Abusive and harassing behavior means actions that purposefully or recklessly alarm other individuals and serve no legitimate advocacy purpose. Abusive and harassing behavior includes but is not limited to the following: a. The use of obscene language and gestures; b. Assaults or threatening behavior; or c. Sexual misconduct, such as indecent exposure, offensive touching, or sexual harassment, including threats of such behavior. 3. Engaging in abusive or harassing behavior may subject an individual to criminal sanctions in addition to enforcement of the Council Rules. The presiding officer shall preserve the order and decorum of a Council or committee meeting at all times. If an individual fails to comply with Rule XI.D.1, any CM may issue an oral or written warning to the individual that the individual's behavior is out of order. An oral or written warning may be issued based on an individual's prior conduct at a Council or committee meeting. If the individual continues to engage in activity that violates Rule XI.D.I, any CM may: a. Terminate the individual's comment period; b. Direct security staff to assist an individual to the individual's seat; or c. Direct security staff to remove the individual from the meeting room. 4. Any individual ordered to be removed from a meeting pursuant to Rule XI.D.3.c shall be excluded from returning to that same meeting from which the individual was removed. 5. If an individual fails to comply with the requirements of Rule XI.D.1 over the course of multiple meetings, any CM may exclude the individual from participation in future public comment periods before the Council and/or committee meetings, or exclude the individual from attendance at future Council and/or committee meetings. City of Dallas Rules of Procedure: Any person making personal, impertinent,profane or slanderous remarks or who becomes boisterous while addressing the city council or while attending the city council meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding officer, and the person shall be barred from further audience before the city council during that session of the city council. If the presiding officer fails to act, any member of the city council may move to require enforcement of the rules, and the affirmative vote of a majority of the city council shall require the presiding officer to act. Oakland City Council: Presiding Officer's Role re Public Speakers - The presiding officer shall maintain order in the chamber,have authority to refuse the floor to any person. The presiding officer may rule a public speaker out of order if: Rule 15. (a) the speaker is speaking beyond the allocated time limit; (b) if the speaker's remarks are not relevant to the agenda item or are repetitious; or if the manner, tone and content of the speaker's remarks are disruptive (disturb the peace and good order of the meeting), maliciously attack the character of individuals or are abusive (e.g. vulgar or obscene language). Spokane City Council: The open forum is a limited public forum and all matters discussed shall relate to affairs of the City. No person may use the open forum to speak on such matters and in such a manner as to violate the laws governing the conduct of municipal affairs. No person shall be permitted to speak on matters related to the current or advance agendas,potential or pending hearing items, or ballot propositions for a pending election. Individuals speaking during the open forum shall address their comments to the Council President and shall not make personal comment or verbal insults about any individual. Bellingham City Council: Guidelines for Public Comment Period And Public Hearings The presiding officer has discretion in enforcing these guidelines for the orderly and civil conduct of City Council meetings. The guidelines below apply to both the public comment period and legislative public hearings before Council unless noted otherwise. 1. Public comment period is provided at the discretion of the City Council. 2. Sign-up sheets for speaking during the public comment period and public hearings will be available 30 minutes before the start of the meeting. Citizens may not sign up on behalf of others. 3. For the public comment period, each speaker is allowed three minutes,unless time is extended by the presiding officer. The public comment period may be limited to 15 minutes. A time limit may be imposed for individual testimony at a public hearing. 4. Meeting attendees may not"donate" their speaking time to another person. 5. Speakers are not permitted to comment during the public comment period on topics that come up later as a public hearing item. 6. All remarks should be addressed to the Council as a whole. 7. Speakers shall refrain from comment or behavior that involves: a. Disorderly speech or action; name-calling or personal attacks; obscene or indecent remarks; and derogatory comments on personalities; b. Advertising or promoting the sale of products, services, or private enterprise; c. Promoting any contest or lottery; and d. Promoting candidates for public office or upcoming ballot measures. 8. Any person who engages in speech or action as described in Section 7.a, when such speech or action disrupts, disturbs or otherwise impedes the orderly conduct of any Council meeting, may, at the discretion of the presiding officer, be bared from further audience before the Council during that meeting. 9. Any person who engages in speech or action as described in Sections 7.b-d may, at the discretion of the presiding officer,be barred from further audience before the Council during that meeting. 10. In addition to the limits specified above,the presiding officer may set other reasonable, viewpoint-neutral limits to prevent disruption of Council business. Los Angeles Rules of Decorum During a meeting of the Council or Committee,there is the need for the Council or Committee to carry out the public business expeditiously in order to ensure that the public has an opportunity to be heard and that the Council or Committee has an opportunity for its deliberative process. While any meeting of the Council or Committee is in session, the following rules shall be observed: a. A member of the public addressing the Council or Committee shall only do so from the podium or designated table and all comments shall be addressed to the Council or Committee as a whole or to the Presiding Officer, and not to any single Council or Committee member, City staff or member of the audience. A member of the public addressing the Council or Committee shall not engage in any conduct which disrupts the orderly conduct of any Council or Committee meeting. b. No person in the audience at a Council or Committee meeting shall engage in conduct that disrupts the orderly conduct of any Council or Committee meeting, including, but not limited to,the utterance of loud, threatening or abusive language, whistling, clapping, stamping of feet, repeated waiving of arms or other disruptive acts. City of Puyallup The Mayor has the authority to preserve order at all meetings of the Council,to cause the removal of any person from any meeting for disorderly conduct and to enforce the Rules of the Council.The Mayor may command assistance of any peace officer of the City to enforce all lawful orders of the Mayor to restore order at any meeting. Members of the audience may comment on matters over which the City Council has jurisdiction or are germane to City business. Persons addressing the Council, who are not specifically scheduled on the agenda, will be requested to step up to the podium, give their name and provide their address or council district in which they reside, and limit their remarks to three minutes. All remarks will be addressed to the Council as a whole. Citizens with complaints, concerns, or questions, will be encouraged to refer the matter to the appropriate City Department or to the City Manager for clarification or action. The matter may be scheduled for consideration at a future City Council meeting at the discretion of Council. City of Ellensburg Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Council shall be forthwith, by the Presiding Officer, barred from further audience before the Council, unless permission to continue is granted by a majority vote of the Council. All remarks shall be addressed to the Council as a body and not to any member thereof. City of Ferndale The City Council will treat City staff and members of the public with a high level of professionalism and respect, and Councilmembers require City staff and members of the public to extend the same courtesy. (See Section 24) Differences of opinion,values, and perspectives are expected, and it is essential the atmosphere and tone of Council meetings be professional and respectful, to foster public trust, confidence, and participation by citizens. Personal attacks, insults, interruptions, inflammatory language, and profanity are not permitted. Nor are remarks that disparage groups or individuals because of race, religion, sexual orientation, age, or gender. Any member of the body may rise to a point of order if he or she feels this section is being violated. The chair can rule to uphold or decline the point of order, and the body, by a majority vote, may override the chair. City of Woodland While the Council is in session, the Council members shall preserve order and decorum and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, nor disrupt or disparage any member while speaking. All persons present at the meeting of the Council have an obligation to obey the legitimate orders 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 leave the meeting. Continued disruptions may result in a recess or adjournment. Mukilteo City Council B. Courtesy. All speakers during Public Comment, in the discussion, comments, or debate of any matter or issue, shall be courteous in their language and deportment and shall not engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any member of the Council, or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relevant, as determined by the presiding officer,to the questions or matter under discussion. Courteous behavior may include, but is not limited to, things such as ad hominem attacks or personal insults.