2023, 04-18 Study Session AgendaNOTICE AND AGENDA
SPOKANE VALLEY CITY COUNCIL
SPECIAL MEETING — STUDY SESSION FORMAT
Tuesday, April 18, 2023 6:00 p.m.
Remotely via ZOOM Meeting and
In Person at CenterPlace Regional Event Center
2426 N Discovery Place
Spokane Valley, WA 99216
Council Requests Please Silence Your Cell Phones During Council Meeting
NOTICE
NOTICE IS HEREBY GIVEN that a special Spokane Valley City Council meeting will be held April 18,
2023, beginning at 6:00 p.m. The meeting will be held in the Great Room at CenterPlace Regional Event
Center, 2426 N Discovery Place, Spokane Valley, Washington. The purpose of the meeting is to consider
the items listed below in the Agenda. The meeting is open to the public. [Individuals planning to attend the
meeting who require special assistance to accommodate physical, hearing, or other impairments, please
contact the City Clerk at (509) 720-5102 as soon as possible so that arrangements may be made.]
NOTE: Members of the public may attend Spokane Valley Council meetings in -person at the address
provided above, or via Zoom at the link below. Members of the public will be allowed to comment in -
person or via Zoom as described below. Public comments will only be accepted for those items noted on
the agenda as "public comment opportunity." If making a comment via Zoom, comments must be received
by 4:00 pm the day of the meeting.
• Sign up to Provide Oral Public Comment at the Meeting via Calling -In
• Submit Written Public Comment Prior to the Meeting
• Join the Zoom WEB Meeting
AGENDA
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on
any subject except agenda action items, as public comments will be taken on those items where indicated.
Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity
for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks
will be limited to three minutes per person. To comment via zoom: use the link above for oral or written
comments as per those directions. To comment at the meeting in person: speakers may sign in to speak
but it is not required. A sign -in sheet will be provided in Council Chambers.
ACTION ITEM:
1. Resolution 23-006 Repealing and Replacing Governance Manual to Temporarily Change Regular
Council Meeting Location — Erik Lamb [public comment opportunity]
NON -ACTION ITEMS:
2. Police Staffing Assessment Update — Erik Lamb, Chief Ellis, Morgan Koudelka
3. Massage Business Ordinance — Tony Beattie
4. Business Licensing — Erik Lamb
5. Potential and Pending Projects — Chelsie Taylor
6. Legislative D.C. Trip Update — Virginia Clough
7. Advance Agenda — Mayor Haley
Council Agenda April 18, 2023 Page 1 of 2
COUNCIL COMMENTS
CITY MANAGER COMMENTS
EXECUTIVE SESSION: [RCW 42.30.110(1)(b) and (1)(i)]
Potential Acquisition of Real Estate; Potential Litigation
Proposed Motion: I move Council adjourn into Executive Session for approximately 30 minutes to discuss
potential acquisition of real estate, and potential litigation, and that no action will be taken upon return to
open session.
ADJOURN
Council Agenda. April 18, 2023 Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 18, 2023 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Resolution 23-006 Repealing and Replacing Governance Manual to
Temporarily Change Regular Meeting Location
GOVERNING LEGISLATION: Chapter 42.30 RCW; RCW 35A.12.110; Resolution 22-021 City
Council Governance Manual
PREVIOUS COUNCIL ACTION TAKEN: Resolution 22-021, adopted 11-22-2022
BACKGROUND: On January 24, 2023, City Council awarded the City Hall Remediation Design
Build Contract to Garco Construction. This first phase includes work on the Council Chambers
radius wall and other areas. To accommodate the work, it is necessary to temporarily relocate
the regular meetings of the City Council to CenterPlace.
Pursuant to RCW 42.30.060 and RCW 35A.12.110, the City is required by law or rule to identify
and fix the date, time, and location of its regular meetings. Historically, City Council has included
the date, time and place of City Council regular meetings in its Governance Manual. Any other
meeting is considered a special meeting and requires additional notice and administrative work
to set. Currently, the Governance Manual identifies regular meetings as meetings occurring at 6
pm on Tuesdays at City Hall in Council Chambers. Given the move to CenterPlace and the time
which is anticipated for Council Chamber repairs, staff recommend temporarily changing the
identified location for regular meetings to identify CenterPlace. This will save significant staff time
involved with setting special meetings each week. Therefore, the proposed resolution amends
the Governance Manual to temporarily change regular meetings of the City Council, to
CenterPlace Regional Event Center, 2426 N. Discovery Place, Spokane Valley, Washington on
Tuesdays beginning at 6:00 p.m.
While the Governance Manual identifies that normally changes will be considered by the
Governance Manual Committee first, given the timing of repairs, immediate need, and largely
administrative nature of the change, staff are requesting this change without prior consideration
by the Governance Manual Committee.
OPTIONS: (1) Waive the rules and adopt Resolution 23-006, or (2) take other action as deemed
appropriate.
RECOMMENDED ACTION OR MOTION: I move to waive the rules and adopt Resolution 23-006
repealing and replacing the Governance Manual to temporarily relocate regular Council meetings
to CenterPlace Regional Event Center, 2426 N. Discovery Place, Spokane Valley, Washington.
BUDGET/FINANCIAL IMPACTS: N/A
STAFF CONTACT: Erik Lamb, Deputy City Manager
ATTACHMENTS: Draft Resolution 23-006 with attached Governance Manual
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 23-006
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, REPEALING AND REPLACING CITY OF SPOKANE VALLEY RESOLUTION
22-021 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 ensure an atmosphere conducive to efficiency, uniformity and consistency; and
WHEREAS, the rules and procedures adopted by the Council for conducting 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; and
WHEREAS, pursuant to RCW 42.30.060 and RCW 35A.12.110, the City Council meets regularly
at a place and time as designated by the City Council; and
WHEREAS, in order to accommodate City Hall remediation work in City Hall Council Chambers,
it is necessary to temporarily relocate regular meetings of the City Council to CenterPlace Regional Event
Center.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
Section 1: On November 22, 2022, Council adopted Resolution 22-021 repealing and replacing the
previously adopted City of Spokane Valley Resolution 20-010 with Attached Governance Manual.
Section 2. The Council hereby repeals Resolution 22-021 with attached Governance Manual, and replaces
it with the City of Spokane Valley Governance Manual attached hereto and incorporated herein, which
temporarily relocates regular meetings of the City Council to Tuesdays beginning at 6:00 p.m., at
CenterPlace Regional Event Center, 2426 N. Discovery Place, Spokane Valley, Washington.
Section 3. Effective Date. This Resolution shall be in full force and effective upon adoption.
Adopted this
ATTEST:
day of April, 2023
Christine Bainbridge, City Clerk
Approved as to Form:
Office of the City Attorney
Pam Haley, Mayor
Resolution 23-006 Governance Manual
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Siokane
jUalley
Governance Manual
Adopted by Resolution 22-02123-006
A Comprehensive Collection of
Rules and Procedures
Adopted November 22, 2022
03-028 adopted 05-13-2003,
04-013 adopted 05-25-2004,
05-021 adopted 09-13-2005,
06-022 adopted 11-14-2006,
07-020 adopted 12-11-2007,
09-012 adopted 09-08-2009,
10-020 adopted 12-28-2010,
12-002 adopted 04-10-2012,
13-005 adopted 04-23-2013,
14-003 adopted 02-25-2014,
15-007 adopted 08-11-2015,
16-012 adopted 11-01-2016,
18-008 adopted 11-13-2018,
18-011 adopted 12-18-2018,
20-010 adopted 07-14-2020,
22-021, adopted 11-22-2022
23-006, adopted
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Page 1 of 59
TABLE OF CONTENTS
Introduction 4
Executive Summary 5
CHAPTER 1: Council Meetings 7
A. General 8
1. Time and Location 8
2. Open to the Public 8
3. Presiding Officer 8
B. Meetings 8
1. Regular Meetings Formal Format . 8
2. Regular Meetings: Study Session Format . 10
3. Executive Sessions . 11
4. Special Meeting 13
5. Emergency Meetings 14
6. Pre-Agenda/Advance Agenda Meeting 14
7. Cancellation of Meetings 14
C. Meeting Rules and Procedures 15
1. Public Comments 15
2. Council Rules of Order 16
3. Quorum . 16
4. Seating Arrangement 16
5. Attendance 16
6. Respect and Decorum 17
7. Dissents and Protests 17
8. Remote Meetings/Participation 18
9. Internet Use 18
10. Adjournment Due to Emergency or Disruption 19
11. Permission Required to Address the Council 19
12. Approaching the Dais 19
13. Out of Order (sequence) Requests . 19
14. Photographs, Videos etc. Prior Permission Required 19
15. Placing Items on a Future Agenda 19
16. Motions and Discussion 19
Table of Parliamentary Procedure at a Glance 21
17. Voting 22
18. Recusal from Discussion and Consideration 22
19. Ordinances 23
20. Resolutions 24
21. Community Recognition Program . 24
22. Proclamations 25
23. Taxes: Increasing or imposing new taxes 25
24. Hearings 26
25. Reconsideration 27
26. Council Materials/packets . 28
27. Three Touch Principle 28
CHAPTER 2: Legislative Processes and Procedures 29
A. Election of Council Officers 30
B. Filling Council Vacancies 30
C. Legislative Agendas 33
D. Council Travel Allocation 33
E. Council Expense Reimbursement Policy 33
Page 2 of 59
F. Ballot Measures . 35
CHAPTER 3: Council Contacts 37
A. Citizen Contacts and Interactions . 38
1. Mayor/Council Correspondence 38
2. Citizen Concerns, Complaints and Suggestions to Council 38
3. Administrative Complaints to Individual Councilmembers . 38
4. Social Media 38
5. Donations 38
B. Staff Contacts and Interactions . 39
1. Role of the City Manager 39
2. City staff Attendance at Meetings 39
3. City Clerk — Minutes 39
4. Administrative Interference by Councilmembers 39
5. Informal Communications Encouraged 39
CHAPTER 4: Committees, Boards, Commissions 41
A. Regional Committees, Commissions and Boards 42
1. Committees . 42
2. Council Relations with Boards, Commissions, Advisory Bodies 43
B. In-house Committees, Boards, etc. 43
1. Standing Committees 43
a. Planning Commission . 43
b. Lodging Tax Advisory Committee ... 43
c. Finance Committee 44
d. Governance Manual Committee 45
e. Advance Agenda Committee 44
C. Private Committees, Boards, Commissions 45
Appendices:
A. Public Hearings, Quasi -Judicial 46
B. Resolution 07-019 Core Beliefs 47
C. Statement of Ethics 49
D. Frequently Used Acronyms 50
E. Application for City Council Member 53
F. Request to Transfer Travel Allocation from One Councilmember to Another 57
G. Definitions 58
Index 59
Page 3 of 59
INTRODUCTION
In December 2002, prior to our City's official incorporation, then Mayor DeVleming appointed three
members of Council to serve on an ad -hoc Governance Coordination Committee for the purpose of
drafting Council Rules of Procedure, to serve as an aid to effective legislative and organizational
harmony, and to provide procedural rules to conduct meetings efficiently, fairly, and uniformly. The
end -product legislation of that Committee's four -month process was approved by Council at the May
13, 2003 Council meeting. That historic first manual also included Resolution 03-027, a General
Policy Resolution of Core Beliefs, which was amended by Resolution 07-019, which can be found in
full in Appendix B on page 47. RCW 35A.12.120 states in part, that "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."
City Council meetings shall be governed by the most recent edition of Robert's Rules of Order, a
copy of which is maintained in the office of the City Clerk. However, in the event of a conflict between
the Council's Governance Manual and Robert's Rules, the Council's Governance Manual shall
prevail.
This Manual has undergone several changes since its inception, with some sections remaining static
over the years, such as Council meeting time and location, and other sections having been modified
to include Internet use, filling Council vacancies, the use of social media, and the option for
Councilmembers to view their packet electronically. This Manual is usually reviewed annually and at
times amended to recognize additional topics or for clarification as the need arises.
This Manual is designed to provide guidance for the City Council and is not intended to be an
amendment or substitute for any state statutes, City ordinances, court decisions, or other authority.
The rules and policies in this Manual do not constitute land use regulations, official controls, public
hearing rules or other substantive rules binding upon or to be used or relied upon by members of the
public, and do not amend statutory or other regulatory requirements.
Page 4 of 59
EXECUTIVE SUMMARY
FOUNDATION: The City of Spokane Valley incorporated March 31, 2003, and is a non -charter code
city operating under a Council -Manager plan of government as outlined in chapter 35A.13 RCW
Optional Municipal Code for Council -Manager plan of government. Under this form of government,
there are two branches of government: legislative and administrative.
PURPOSE OF CITY GOVERNMENT: The general purpose of local government is to promote the
social, economic, environmental and cultural well-being of the community, to ensure that resources are used
efficiently and effectively, to ensure transparency and accountability in decision -making, and to provide the
prudent use and stewardship of local community resources. These statements should be considered the lens
through which this Manual is intended and through which the actions of the City Council and staff are viewed.
The City recognizes that individual rights are critically important in our society, and the City is committed to
not infringe upon those rights whenever possible. Good governance should reflect the will of the citizenry and
can only occur as a result of an open public process: "All political power is inherent in the people, and
governments derive their just powers from the consent of the governed, and are established to protect and
maintain individual rights." (Washington State Constitution Article I, Section 1)
OBLIGATIONS: The City acknowledges the importance of complying with the Open Public Meetings Act
and the Public Records Act: "The people of this state do not yield their sovereignty to the agencies which serve
them. The people, in delegating authority, do not give their public servants the right to decide what is good for
the people to know and what is not good for them to know. The people insist on remaining informed so that
they may retain control over the instruments they have created." RCW 42.30.010 and 42.56.030.
RCW 42.30.010 Open Public Meetings Act: "The legislature finds and declares that all public commissions,
boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies
of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of
this chapter that their actions be taken openly and that their deliberations be conducted openly." Unless as
part of an executive session, Councilmembers shall not meet as a quorum of four or more in a non-public
meeting. Unless as part of a duly noted Council meeting, a quorum of four or more Councilmembers shall
not meet as part of a web conference dealing with City business, nor a conference call, serial
communication, social media or even a "straw poll" in executive session. The Open Public Meetings Act
does not prohibit a quorum or more of Councilmembers meeting at social gatherings or events provided
City issues are not discussed. If Councilmembers are involved in a violation of the Open Public Meetings
Act, and are aware that their actions violate the Act, they may be personally liable. If the violation is not
intentional, the City may still be liable for attorney's fees. However, elected officials' right to speak freely
and gather publicly is protected by the First Amendment of the U.S. Constitution.
RCW 42.56.030 Public Records Act: "This chapter shall be liberally construed and its exemptions narrowly
construed to promote this public policy and to assure that the public interest will be fully protected. In the
event of conflict between the provisions of this chapter and any other act, the provisions of this chapter
shall govern."
PRIORITIES: The City's priorities are public safety, pavement preservation, transportation and infrastructure
(including grade separations and park related projects), and economic development. Additional information on
priorities and Council goals can be found in each year's budget.
BASIC TENETS: Council's core values and basic tenets of governing can be found in Resolution 07-019,
which is included in its entirety in Appendix B on page 47 of this Manual.
BRANCHES OF CITY GOVERNMENT: The Council is the legislative branch of the City
government. Council appoints an officer whose title shall be "City Manager" and who shall be the
chief executive officer and head of the administrative branch of the City government. "The City
Page 5 of 59
Manager shall be responsible to the Council for the proper administration of all affairs of the code
city." RCW 35A.13.010.
Legislative Branch: City Council.
The City Council consists of seven elected officials, each elected to four-year terms. Individual
Councilmembers do not have governing power as individuals, but only when meeting as a Council when a
quorum (four or more) are present. Council represents the City residents and business owners of the City
of Spokane Valley, and is the law -making, policy -making, and budget and spending approval authority of
the City government. Council hires, directs, guides and evaluates the performance of the City Manager.
The City Manager shall be appointed for an indefinite term and may be removed by a majority vote of the
Council (RCW 35A.13.130), or as otherwise agreed to by contract. For functions of the Mayor and Deputy
Mayor, see also Chapter 1(A)(3), page 8 of this Manual.
Some of the duties, responsibilities, and limitations of each Councilmember:
• Brings the experience, concerns and knowledge of a typical City resident to City government.
• Is cognizant of the needs, wants and concerns of City residents and businesses as a whole.
• Contacts residents and businesses to gather feedback and ideas. The resulting information may be
shared with staff or other Councilmembers individually, or with fewer than two simultaneously
(but not serially), or with all Councilmembers at a Council meeting
• Studies internal and external written and documented information related to the government and
administration of the City.
• Is prohibited from giving City employees directives, or saying anything that could be taken as an
attempt to influence the conduct of the employee's job
• Gives feedback and ideas regarding City government and administration to the City Manager.
• Participates in assigned City and regional committees and all Council meetings.
• When acting in the capacity of Councilmember outside of Council meetings, communicates that
any personal opinion is the opinion of the individual Councilmember and not that of the collective
Council, unless pre -authorized to speak, as Council does not want the public to assume that any
individual personal opinion represents that of the entire Council. Councilmember's freedom of
speech is protected by the U.S. and Washington State Constitutions. Provided there is no quorum.,
Councilmembers may work together on City Council -related projects and discuss City business in
non-public meetings. No permission is needed, nor is notice required to be given for such
gathering.
Administrative Branch: The City Manager. and City Staff.
The City Manager is the City's chief executive officer and head of the administrative branch. The City
Manager is an at -will position and reports directly to the Council. The City Manager is directly accountable
to the City Council for the execution of the City Council's policy directives, for the administration and
management of all City departments, and for the supervision of staff. (See Chapter 3(B), page 39 of this
Manual and chapter 35A.13.RCW for a description of the role of the City Manager.)
Although this summary is provided as an overview of the Governance Manual, reading the entire Manual is
strongly encouraged.
Page 6 of 59
CHAPTER 1
Council Meetings
Page 7 of 59
A. General
1. Council Meetin2s - Time and Location
Regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambersat
CenterPlace Regional Event Center, 2426 N. Discovery Place, Spokane Valley, Washington on
Tuesdays beginning at 6:00 p.m. Pursuant to RCW 42.30.070: "If at any time any regular meeting
falls on a holiday, such regular meeting shall be held on the next business day." As noted, in such
case, the meeting held on the next business day after a holiday would also be a regular meeting, as
opposed to a special meeting. The Council always has the option of cancelling such meeting.
2. Council Meetin2s - Open to the Public
All meetings of the City Council and of committees thereof shall be open to the public except as provided for
in RCW 42.30.110 (Executive Sessions), or RCW 42.30.140 (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.13.035]. 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.
B. Meetings
1. Regular Meetings: Formal Format
a. Normally held 2' 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 least 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.
b. Requests for presentations from outside entities or individuals to be placed on a future agenda, will only be
permitted if they are considered the official business of the City. Such requests should be submitted to the City
Clerk at least 10 days prior to the appropriate Council meeting. The City Clerk shall 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 videos, DVD's, PowerPoints, or other electronic
presentations shall be pre-screened and pre -approved by the City Manager 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
10 days prior to the appropriate Council meeting.
c. Forms of Address. The Mayor shall be addressed as "Mayor (surname)." 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.
d. 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."
Page 8 of 59
i. Call to Order by the Presiding Officer
ii. Invocation
iii. Pledge of Allegiance
iv. Roll Call (See Chapter 1, C5b [page 17] for procedure to excuse an absence)
v. Approval of Agenda/Amended 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 a Councilmember, and
suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall
then consider a motion to approve the amended agenda. ("Three -Touch Principle" should be followed
whenever possible.) It is preferable that any motion to amend the agenda be made at the onset of the
meeting in place of `Approval of Agenda,' recognizing that there will emergencies or other situations
when such motion to amend the agenda might need to be made at other times during the meeting.
vi. Introduction of Special Guests and Presentations.
vii. Councilmember 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, task force or
commission, whether as a formal or informal member. Extended reports shall be placed as future
agenda items for presentation or submitted in writing as an informational memo.
viii. Mayor's Report. Same as `vii' above except given by the Mayor.
ix. Proclamation. The Mayor will announce the proclamation, announce who has requested this
proclamation and after the Mayor or Councilmember reads the proclamation, invites that person or
other appropriate person to the podium. The original proclamation will be handed to that appropriate
person by the City Clerk or the Mayor, and the individual will be permitted to speak for one or two
minutes.
x. Public Hearings (See page 26 for procedural details)
xi. Public Comments (See page 15 Meeting Rules and Procedures)
xii. Consent Agenda. Items which may be placed on the Consent Agenda are those which have been
previously discussed by the Council; can be reviewed by a Councilmember without further
explanation; are so routine, technical or nonsubstantive in nature that passage without discussion is
likely; or are otherwise deemed in the best interest of the City. The proper Council motion on the
Consent Agenda is: "I move approval of the Consent Agenda." This motion has the effect of moving
to approve all items on the Consent Agenda. 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, or the matter may be addressed
immediately after passage of the remaining items on the Consent Agenda.
xiii. Unfinished Business. [includes matters that were pending when a previous meeting adjourned, or
matters specifically postponed to the present meeting]
xiv. New Business [Action items are designated as New Business] 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.
xv. Administrative Reports (includes the Advance Agenda) or tracking of an administrative issue or
topic.
xvi. Information Only Items These items are generally not discussed or reported.
xvii Council Comments
xviii. City Manager Comments
xix. Executive Session (as required)
Page 9 of 59
xx. 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. When a motion is made to adjourn
into Executive Session for a specified period of time, and if the executive session is the last item on a
regular agenda, no additional motion is needed to extend the meeting beyond 9:00 p.m. since that is
implied as part of the motion to adjourn into Executive Session. 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 Council meeting, unless the Council by a majority vote of members present determines
otherwise.
2. Regular Meetings: Study Session Format
a. Normally held 1st 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. Action items are normally not included on a study session agenda, although there will be times
when due to deadlines or other pressing or time sensitive issues, action items must be included. 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. If an item is designated as an action item, public comment will be
permitted on that motion/item unless a public hearing on the item was previously held. There shall be one
general public comment at study session for the public to comment on items that relate to the operation of the
City. The City Clerk, under the direction of the City Manager, shall arrange a Council study session agenda
for the meeting. 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 close of business on a Friday
preceding a Tuesday Council meeting. Councilmembers have the option of accessing their Council packet via
the City's website. Unless notified otherwise, the City Clerk shall prepare a hard copy agenda packet for
individual Councilmembers.
b. Action Items. Although action items may be included on a study session agenda, it is the preference 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. As in
the formal format meetings, public comment will be allowed on action items.
c. Unscheduled Motions. Because study sessions are usually understood by the public and media as referring
to meetings at which Council considers and discusses items and does 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.
d. Presiding Officer's Role. The role of the Presiding Officer is to facilitate 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.
e. Outside Request. Outside requests to be included on a Council agenda will only be permitted if they are
considered the official business of the City. Such requests should be submitted to the City Clerk at least 10
days prior to the appropriate Council meeting. The City Clerk shall 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 videos, 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, shall be submitted to the City Clerk at least 10 days prior to
the appropriate Council meeting.
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f. Forms of Address. Councilmembers and staff have the option of addressing each other on a first name basis
during the study session format meetings.
g. Order of Business. The business of all study session 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."
i. Call to Order
ii. Roll Call. The City Clerk shall conduct a roll call of Councilmembers (See page 17 for procedure
to excuse an absence.)
iii. Approval of Agenda/Amended 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 a Councilmember, and
suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall
then consider a motion to approve the amended agenda. ("Three -Touch Principle" should be followed
whenever possible.) It is preferable that a motion to amend the agenda be made at the onset of the
meeting in place of `Approval of Agenda,' recognizing that there will emergencies or other situations
when such motion to amend the agenda could be made at other times during the meeting.
iv. Proclamation (as needed)
v. Public Comments: See Section "C page 15 Meeting Rules and Procedures"
vi. Action items (as needed)
vii. Non -action items
Presenter's Role. During the Council study session, the presenter 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.
viii. Advance Agenda
ix. Information Only Items. These items are generally not discussed or reported.
x. Council Comments: The purpose of this 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 Councilmember, 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.
xi. City Manager Comments: The purpose of this agenda item is to allow the City Manager the
opportunity to brief Council on activities or issues which either just arose, needs immediate or
imminent action, or to simply inform Council of items that transpired since the last Council meeting,
or will occur before the next Council meeting.
xii. Executive Session (as needed)
xiii. Adjourn. 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.
3. Executive Sessions
a. Executive sessions shall be held pursuant to the Open Public Meetings Act chapter 42.30 RCW. 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; when the executive session will be concluded; and the likelihood of Council taking action
at the close of the executive session and return to open session.
i. At the close of the executive session and upon Council's return to chambermthe meeting place, the
Presiding Officer will declare Council out of executive session, and ask for the appropriate motion (i.e.
an action motion or a motion to adjourn).
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ii. 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 42.52) and/or the Public
Records Act (RCW 42.56).
b. RCW 42.30.110 explains the purpose for holding an executive session, some of which include:
i. 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).
ii. 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. [The only employee subject to this evaluation is the
position of City Manager.] 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: stating that an executive session's purpose is to discuss a "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)
iii. 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).
iv. 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:
(a) Litigation that has been specifically threatened to which the agency, the governing body,
or a member acting in an official capacity is, or is likely to become, a party;
(b) 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
(c) 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.
c. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a
requirement in RCW 35A.12.160 that the public be made aware of the preliminary 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. [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.
d. Attendance at Executive Sessions. Attendance shall only be in person. Except in extreme circumstances,
there shall be no virtual attendance at an Executive Session. The City Attorney or Deputy City Attorney shall
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attend executive sessions which address litigation or potential litigation. The question of who may attend an
executive session other than the Council, is determined by the City Manager.
4. Special Meetings
a. 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.
ab. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.170,
35A.12.110). 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.12.110). The noticing regarding such decision to hold a special meeting (made by the
Mayor or any three Councilmembers), shall be handled by the City Clerk's Office through the City Manager.
be. The notices provided in this section may be dispensed within the circumstances provided by RCW
42.30.080, that is: (a) As to any member who, at or prior to the time the meeting convenes, files with 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.
c4. 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.
de. Special meeting agendas may include action and non -action items. 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.
Once the Special Meeting Agenda has been published and distributed, the agenda may be amended provided
the amended agenda is distributed to Councilmembers and to the media, and posted on the City's website and
at the meeting doorway, at least 24 hours in advance of the special meeting. Final disposition shall not be taken
on any other matter at such meeting, which means that the governing body may address other matters not
identified in the special meeting notice or agenda, provided `final disposition' regarding such matters is not
taken (RCW 42.30.080(3)) Council may not pass a franchise ordinance at a special meeting [RCW
35A.47.040].
ef. There have been questions about whether it is necessary to call a special meeting in situations where
Councilmembers are invited to attend a public meeting not called by the City as an official Council meeting,
and whether it is legal for a quorum of Councilmembers to be present without violating the Open Meeting Act.
According to the Washington State Attorney General Opinion 2006, No. 6, the "presence of a quorum of
members of a city or county council does not, of itself, cause the Open Public Meetings Act to apply if
councilmembers attend a public meeting called by a third party. The gathering of councilmembers would be a
`meeting' for purposes of the Act only if the councilmembers take `action' as defined in the Act, such as voting,
deliberating, or other official business of the council."
fg. There are times when several Councilmembers desire to attend a meeting of a City Department, such as a
meeting scheduled by the City Engineers to discuss a construction project, or a meeting scheduled through the
Finance Department to hear a report from the State Auditors, or a meeting scheduled by the Parks & Recreation
Department to discuss parks or other City business. Because these meetings can at times present questionable
concern when it comes to the Open Public Meeting Act, Councilmembers who desire to attend such meetings
shall notify the City staff at least two working days prior to the meeting, of their intent to attend, and only the
first three Councilmembers who indicate they will be attending any particular meeting, may attend. This is
necessary in order not to violate, or perceive to violate the Open Public Meetings Act.
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hg. RCW 42.30.070 states in part: "It shall not be a violation of the requirements of this chapter for a majority
of the members of a governing body to travel together or gather for purposes other than a regular or special
meeting provided that they take no action as defined in this chapter." [MRSC Research News — Summer, 2016]
A quorum of Councilmembers traveling together for a scheduled tour would not be in violation of the Open
Public Meetings Act provided they do not discuss City business. However, comments and discussion as a result
of the tour, shall be done at a regular Council meeting and not during the tour or outside of a regular or special
Council meeting.
5. Emergencv Meetin2s: Emergency Council meetings may be called by the Mayor or any two
Councilmembers, consistent with the provisions of chapter 42.30 RCW. Meeting time, location and notice
requirements do not apply to emergency meetings called for emergency matters as permitted by RCW
42.30.070, 42.30.080, and 42.14.075:
"If, by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by a
governing body to meet the emergency, the presiding officer of the governing body may provide for a
meeting site other than the regular meeting site and the notice requirement of this chapter shall be
suspended during such emergency." [RCW 42.30.070]
"The notices provided in this section may be dispensed with 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." [RCW 42.30.080(4)]
"Whenever, due to a natural disaster, an attack or an attack is imminent, it becomes imprudent,
inexpedient or impossible to conduct the affairs of a political subdivision at a regular or usual place or
places, the governing body of the political subdivision may meet at any place within or without the
territorial limits of the political subdivision on the call of the presiding official or any two members of
the governing body. After any emergency relocation, the affairs of political subdivisions shall be
lawfully conducted at such emergency temporary location or locations for the duration of the
emergency." [RCW 42.14.075]
6. Pre-Agenda/Advance Agenda Meetin2s:
The City Manager, City Clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to review 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. (see also page 44, Agenda Committee under Chapter 4 internal committees)
7. Cancellation of Meetings:
State law does not require any specific procedure for canceling an upcoming meeting, however, notice of the
cancellation to the public, Councilmembers, and staff should be given by the Clerk in a similar manner that
notice is given for a special meeting. The decision to cancel a meeting will be made by the City Manager in
consultation with the Mayor and/or Agenda Committee and time permitting, will be noted on the Advance
Agenda. The noticing of such decision will be handled by the City Clerk through the City Manager. Upon
cancellation of a formal meeting, either the study session immediately before such meeting or the study session
immediately after such meeting, shall include an opportunity for general public comment.
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C. Meeting Rules and Procedures
1. Public Comments
This is an opportunity for public comments regarding issues relating to the operation of the City, but which are
not otherwise on the agenda for action. If the Presiding Officer is unclear whether comments relate to the
operation of the City, the Presiding Officer shall ask how the comments are pertinent for consideration by the
Council as business of the City. Speakers may sign in to speak, but it is not required. Under the general public
comment opportunity, each speaker may only make comments once and comments are limited to three minute
unless modified by the Presiding Officer. Members of the public shall be prohibited from allocating any of
their own speaking time to other members of the public. This time is an opportunity to hear from various
members of the public in a limited public forum on issues relating to City business, and not an opportunity for
extended comments or dialogue. Although the City Council desires to allow the opportunity for public
comment, the business of the City must proceed in an orderly, timely manner. Council meetings are considered
a `limited public forum' which means the time, place and manner of speech can be regulated. 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. The desired total time for public comments shall
not exceed 45 minutes; however, that time limit may change at the Mayor's discretion. The Council states that
it is not the business of the City to have discussion about any past, current, or future possible/probable election
or campaign -related issues during Council meetings. The only exception to this prohibition on discussion of
election or campaign -related topics would be if the Council requests that Spokane County place a ballot item
on for election. (See page 35, Chapter 2, F Ballot Measures.)
a. Verbal Comments:
i. 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. An exception to this prohibition shall be allowed when public
comment is only permitted via remote access due to emergency. The public shall be reminded that this is
not an opportunity for dialogue or questions and answers, but public comment. When appropriate, staff
shall research issues and report back to those making the comment as well as to Council. Public comments
are opportunities for speakers to briefly address the entire Council, and those speaking are to address
members of Council and not the audience. Speakers should refrain from personal attacks on individual
Councilmembers. In order to prevent disruption of the Council meeting, members of the public are asked
to refrain from distributing materials to the audience, since Council meetings are not a public forum to
address the audience. Since this is an opportunity for public comment relating to City business, 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 are not
permitted to be displayed or distributed in Council chambcraat the place of the meeting, although written
comments and written materials including photographs and petitions may be submitted to Council via the
City Clerk.
ii. Demonstration, applause or other audience participation before, during or at the conclusion of anyone's
public comments is prohibited because it is disruptive. Any disruptive conduct, as determined by the
Presiding Officer, shall be cause for removal from the meeting room. Any ruling by the Presiding Officer
relative to these subsections on public comments may be overruled by a vote of a majority of
Councilmembers present.
iii. 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 page 26 for procedure for taking public comment on legislative
matters.)
iv. Disruptive public conduct:
a. Conduct in any form that interferes with Council's ability to timely conduct the business of the City
will not be allowed. If a situation arises where a speaker exceeds the three minutes (unless permitted to
continue by the Presiding Officer), is speaking on matters other than City business, or is otherwise
disruptive in a manner that interferes with the ability of the Council to conduct the business of the City,
Page 15 of 59
the City Clerk, with permission of the Mayor, will turn off the microphone, and the Mayor will ask the
speaker to please stop talking and step away from the podium. In the case of remote meetings, the
speaker will be muted.
b. If the speaker continues after the first request, the Mayor will ask the speaker once again to stop
talking, and will warn the speaker that failure to stop will result in a suspension of their privilege to
speak at public comment for 90 days. If the speaker continues, the Mayor will gavel in a five-minute
recess.
c. Upon return from recess, public comment will start again with a caution from the Mayor that if any
other speaker refuses to stop talking after being asked to do so after the three minutes or is otherwise
disruptive, the remainder of the public comment for the night will be terminated.
d. If necessary in the discretion of the Presiding Officer, and in an attempt to reasonably calm a situation
or resolve a conflict, the City Attorney or Deputy City Attorney shall act as a staff liaison with a member
of the public who refuses to stop talking and refuses to move away from the podium.
b. Written 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 Mayor asks the Clerk
to read written mailed or e-mailed comments, or the citizen reads their own prepared written comments, such
comments shall not be read aloud during regular or special Council meetings although they shall 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 shall 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, shall be
forwarded to Council via e-mail, unless such e-mail has already been supplied to members of Council. 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.
c. Electronic Comments:
Councilmembers shall 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 to the entire Council at once. (See also page 18, C9 Internet Use)
2. Council Rules of Order
The City Clerk shall serve as the official parliamentarian for all Council meetings, and shall keep a copy of the
most current "Robert's Rules of Order" (RONR) in Council Chambcmat meeting locations during Council
meetings.
3. 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 of the place where the
meeting is held pursuant to RCW 42.30.090. Council meetings adjourned under the previous provision shall
be considered regular meetings for all purposes. (RCW 35A.13.170, 35A.12.120)
4. Seating Arrangement
Councilmembers shall occupy the respective seat in the Council Chambemeeting place assigned to them by
the Mayor.
5. Attendance
a. Unexcused Absences: A Councilmember's responsibility to attend Council meetings should not be taken
lightly, nor should a decision to remove a Councilmember for missing meetings. Pursuant to 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." As soon as possible after two consecutive unexcused
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absences, and prior to a third consecutive unexcused absence, the absent Councilmember must request a leave
of absence if they desire to remain on the Council. At a third consecutive meeting where a Councilmember is
not excused and there has been no request for a leave of absence, the absent Councilmember's office shall be
forfeited effective immediately.
b. Excused Absences: Members of Council may be excused from meetings with prior notification to the Mayor,
City Clerk, or City Manager prior to the meeting, and by stating the reason for the inability to attend.
Acceptable absences may include death of a family member, family or personal illness, inclement weather,
accident, scheduled vacations, family or personal emergency, City related business, or unusual or unforeseen
circumstances. Following or prior to 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. The 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 shall make an appropriate notation in the minutes.
c. Leave of Absence: A Councilmember whose serious health or physical condition would prevent them from
performing the duties of Councilmember may ask to be placed on a leave of absence under the following
conditions:
i. Such serious health or physical condition must be certified in writing by a medical physician.
ii. The request for a leave of absence shall be in writing, and hand -delivered or mailed to the Mayor,
City Clerk, or City Manager at least one week prior to the date when such leave would commence.
iii. The request for a leave of absence must state the anticipated date the Councilmember will resume
their duties.
iv. By majority vote of the whole Council, a leave of absence shall be granted as follows:
a. The absence shall not exceed 90 days from the date the motion is passed by Council
b. The absent Councilmember shall retain pay and medical benefits during the leave of absence
c. At the end of the 90-day leave of absence, the absent Councilmember shall either:
i. Return to normal Council duties commencing with the first Tuesday following the end
of the 90-day leave; or
ii. be subject to RCW 35A.12.060 concerning three consecutive absences, beginning
with the first Tuesday following the end of the 90-day leave.
d. A leave of absence may only be granted twice during a Councilmember's four-year term, with no less than
six months between each request. Upon approval of a leave of absence, the absent Councilmember shall not
be replaced with a pro-tem Councilmember during the absence.
6. 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 Councilmember making disruptive, disparaging or impertinent
remarks, or unreasonably disturbing the business of the Council shall be asked to cease such disruption. Any
other person attending a Council meeting who disrupts the meeting in such a fashion that the Council is
impaired in its ability to attend to the business of the City, 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. If the person making the remark is a Councilmember, the
Presiding Officer may ask the Councilmember to cease. If the person making the remark is a member of the
public, the Presiding Officer shall determine if the remark is actually disruptive, and whether the remark has
impaired the ability of the Council to attend to the business of the City. If so, the Presiding Officer shall seek
the removal of that person from the meeting. Continued disruptions may result in a recess or adjournment as
set forth in #10 below.
7. Dissents and Protests
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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 in the minutes.
8. Remote Participation
a. Remote Council Meetings: In the event of unusual circumstances such as a pandemic or other health or
safety emergency where Council meetings would need to be held in such a manner as to protect the health,
safety and welfare of Council, staff and citizens, participation in such meetings shall be done remotely provided
an option is available for the public to attend through internet or other electronic means. Council, staff and the
public must be able to see and hear the meeting proceedings. At least a quorum of councilmembers must be
able to participate.
b. Remote Broadcast: All City Council meetings shall be broadcast live using an online remote meeting
platform, such as Zoom, Microsoft Teams, or another similar platform, to allow citizens to attend the meetings
remotely. Public comment will be accepted from remote attendees at the appropriate portion(s) of the meeting
as defined per the agenda.
c. Councilmembers may appear at a Council meeting by remote connection: Any Councilmember intending to
attend a meeting remotely should notify the Mayor and City Clerk in advance of the meeting, such request
shall be for reasons where the Councilmember cannot physically attend the meeting, and should be made only
when necessary. Councilmembers' cameras should remain on for the duration of the remote meeting. If a
technical problem prevents such participation where the remote Councilmember cannot hear or be heard, the
Councilmember shall be counted as an excused absence and the technical difficulty shall be stated for the
record. During any meeting that a Councilmember is attending remotely, the Mayor or presiding officer shall
so state for the record at the beginning of such meeting. In instances where the Mayor is remotely attending a
meeting, the Mayor may still function as the Presiding Officer. More then one member of Council may attend
a meeting remotely, provided all together in person and remotely, there is a quorum of Councilmembers
attending.
9. Internet Use
a. 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.
b. As noted on page 16, Councilmembers shall avoid accessing any electronic message during Council
meetings whether by e-mail, text, or other means,. 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 shall avoid browsing the Internet during Council meetings in order that Council's
full attention can be given to the topic at hand.
c. 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 is prohibited unless it has
been determined by the City Attorney, Washington State Attorney General, or Washington Public Disclosure
Commission, that such use is not a violation of RCW 42.17A.555 or is otherwise authorized by law.
d. Confidential material shall not be sent via e-mail or text.
e. All letters, memoranda, and interactive computer communication (e-mail, text, tweet, etc.) 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 the member of the public or news media filing a public record request with
the City Clerk. With this in mind, texting and tweeting concerning City business is strongly discouraged.
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f. 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.
10. 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 or retain 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 and if necessary, leave the building. The Presiding Officer may reconvene the meeting when it has been
determined by the appropriate safety officials that it is safe to do so.
11. 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.
12. Approaching the Dais by Members of the Public
Once a Council meeting has been called to order, members of the public are prohibited from stepping between
the speaker's podium and the dais, or stepping behind any part of the dais or stepping behind those sections
adjacent to the dais. If citizens wish Council to receive materials, those materials should be handed to the City
Clerk prior to the meeting or during the public comment section of the agenda, and the Clerk will distribute
the materials to members of Council. Council reserves the right to invite anyone forward to the podium to be
addressed by Council.
13. 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 "General Public Comment Opportunity," such person may request permission
to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on whether
to allow the out of order request. Alternatively, the member of the public could also discuss their request with
the Mayor prior to or after the meeting.
14. Photographs, Motion Pictures or Videos Requiring Artificial Illumination — Prior Permission
Required
No overhead projection, photographs, motion pictures, or videos shall be used by the public at City Council
meetings without the prior consent of the Presiding Officer or the City Manager.
15. Placing Items on a Future Agenda:
a. New Item Council Business: During the Advance Agenda portion of a council agenda, a Councilmember
may request to have items placed on a future agenda. Each request shall be treated separately. The City
Manager is most familiar with staff's workload and shall determine when the item can be prepared and brought
forward to Council, unless the Council wants to discuss the item prior to staffs involvement. The following
process shall be used to propose an item for a future Council meeting:
i. A Councilmember may propose an item and give a brief explanation of the issue and its importance
to the City.
ii. Councilmembers may ask clarifying questions.
iii. By a show of hands, a consensus of four or more Councilmembers may move the item forward to
a future agenda.
b. Except for routine items such as those found on most Consent Agendas, requests for items to come before
Council shall be routed through the City Manager or come directly from the City Manager as part of the normal
course of business.
16. Motions and Discussion
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a. Order of Procedure:
i. Member of Council makes a motion by stating: "I move .. ." After the motion is seconded, staff
makes their presentation, then the Mayor will ask Council if there are any questions of staff. Once all
questions have been addressed, the staff member shall step away from the podium to allow for any
public comment.
ii. The Mayor will invite public comments. Public comments should be limited to one comment per
person per topic and limited to three minutes. The Mayor can remind the public this is time for
comments and not discussion; and if the public has questions, those questions shall be addressed by
staff at another time outside the meeting.
iii. The Mayor will open 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.
iv. When discussion has ended, the Mayor will re -state the motion or ask the Clerk to re -state the
motion. Once the motion is re -stated, the Mayor will call for the vote, which is normally taken by
voice. The Mayor or the Clerk will then state whether the motion passed or failed.
b. In General:
i. 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.
ii. Unless otherwise stated by the presiding officer, agenda items requiring Council action shall begin
with a motion by a Councilmember prior to discussion. If a motion fails, the agenda item shall be
considered concluded. However, said item could be reconsidered if done during the same meeting, or
through Council majority vote it could be brought back at a later meeting to "rescind an action," or to
"amend something previously adopted." (Mayoral appointments excepted. See Chapter 4, page 41 for
further discussion on Committees.)
iii. Councilmembers should direct questions to the City Manager or the designated presenter.
iv. 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.
v. The maker of a motion can withdraw their motion with the approval of the majority of
Councilmembers (see notes below table below). The person making the motion is entitled to speak
first to the motion. A maker of the motion may vote against the motion but cannot speak against their
own motion.
vi. No Councilmember should be permitted to speak twice to the same issue until all Councilmembers
wishing to speak have spoken. All remarks shall be directed to the Presiding Officer and shall 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.
vii. 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.
viii. Motions should be reserved for items marked on the agenda for action, so as to avoid any surprises
for Council, staff and the public.
Page 20 of 59
Parliamentary Procedure at a Glance
Roberts
Rules of
Order §
IF YOU
WANT TO
YOU SAY
INTERRUPT
NEED
2ND
Can be
Debated
Can be
Amended
VOTE
11
Postpone
indefinitely (the
purpose is to
prevent action
or kill an issue.)
I move to postpone ...
. (an affirmative vote
can be reconsidered; a
negative vote cannot.)
indefinitely
No
Yes
Yes
No
Majority
12
Modify wording
of motion
I move to amend the
motion by .. .
No
Yes
Yes
Yes**
Majority
14
Postpone to a
certain time
Ex: I move to 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
motion
I move to lay on the
table, the motion to
No
Yes
No
No
Majority
19
Complain about
noise, room
temperatures etc
Point of Privilege
Yes
Yes
Yes
Yes
Chair
decision
20
Take break
I move to recess for ..
No
Yes
No
Yes
Majority
21
Adjourn
meeting
I move to adjourn
No
Yes
No
No
Majority
23
Object to
procedure or
personal affront
Point of Order
Yes
No
No
No
Chair
decision
25
Suspend rules
I move to suspend the
rules and .. .
No
Yes
No
No
Majority*
34
Take matter
from table
I move to take from
the table the motion to
No
Yes
No
No
Majority
35
Reconsider
something
already
disposed of
I move we reconsider
action on .. .
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, however, withdrawal of a motion should be done with the
approval of a majority of Councilmembers present [Mayor, I request permission to withdraw my motion. The Mayor
asks if there is any objection, and if none, the motion is withdrawn. If there is objection, the Mayor will call for a vote.]
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, 10 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.
* * *Call for the Question: if it is felt that debate on a motion on the floor has continued longer than warranted, a member of
Council may "call the question." The "call for the question" is a motion to end debate and vote immediately. If this "call
for the question" motion is passed by a majority vote, then the vote must be taken on the original debated motion on the
floor.
Page 21 of 59
17. Voting The votes during all meetings of the Council shall be transacted as follows:
a. The Presiding Officer shall first call for a vote from those in favor of the motion, followed by a call for those
opposed to the motion, and afterwards shall state whether the motion passed or failed. Unless otherwise
provided by statute, ordinance, or resolution, all votes shall be taken by voice or a show of hands. At the request
of any Councilmember or the City Clerk, a roll call vote shall be taken by the City Clerk. The order of the roll
call vote shall be determined by the City Clerk.
b. Unless otherwise provided by statute, ordinance, or resolution, in case of a tie vote on a motion, the motion
shall be considered lost.
c. Every member who was present when the question was called, shall give his/her vote. If any Councilmember
refuses to vote "aye" or "nay," their vote shall be counted as a "nay" vote unless the Councilmember has
recused themself due to actual or perceived appearance of a conflict of interest, which shall be so stated prior
to the vote at hand. Abstentions are not permitted as abstentions are equivalent to not voting, and the members
of the public expect their elected officials to vote on issues.
d. The passage of any ordinance, grant or revocation of franchise or license, and 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 (RCW 35A.12.120). Except as
provided in "e" below, all other motions or resolutions shall require an affirmative vote of at least a majority
of the quorum present.
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; and provisions for
a lesser emergency, such as a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at
least a majority plus one of the whole membership of the Council. (RCW 35A.13.190).
18. Recusal From Discussion and Consideration.
a. Situations may arise when a Councilmember should consider whether to recuse themselves from the
consideration and decision -making on a particular item. These situations can arise in various ways, including
having an interest in a contract being considered by the City, or when a Councilmember has a bias in some
fashion regarding an issue before the Council. For additional discussion and explanation, please see page 49
Appendix C — Spokane Valley Councilmembers' Statement of Ethics. The overarching goal of the conflict of
interest laws is to prevent municipal officers from engaging in self -dealing. Seattle v. State, 100 Wn.2d 232,
246 (1983). [Self -dealing is defined as a situation in which a fiduciary acts in his own best interest in a
transaction rather than in the best interest of his clients. A fiduciary is legally obligated to act in the best interest
of his clients. A fiduciary is a person to whom property or power is entrusted for the benefit of another.]
b. Prohibited acts. There are some conflicts which cannot be waived, and some actions in which
Councilmembers shall not engage. RCW 42.23.070 prohibits municipal officers from:
i. Using "his or her position to secure special privileges or exemptions for himself, herself, or others."
ii. Directly or indirectly giving or receiving or agreeing to receive "any compensation, gift, reward,
or gratuity from a source except the employing municipality, for a matter connected with or related to
the officer's services as such an officer unless otherwise provided for by law."
iii. Accepting employment or engaging in business or professional activity that "the officer might
reasonably expect would require or induce him or her by reason of his or her official position to
disclose confidential information acquired by reason of his or her official position."
iv. Disclosing confidential information "gained by reason of the officer's position, nor may the officer
otherwise use such information for his or her personal gain or benefit."
c. Conflict of interest contracts. In contractual matters, Councilmembers are required to avoid directly
benefitting from contracts entered into by the City. When a Councilmember is aware that they may benefit
from such a contractual relationship, they are required to recuse themselves. Other situations may arise where
a Councilmember may indirectly benefit. In these circumstances, the determination of whether a conflict of
Page 22 of 59
interest exists such that they should recuse themselves will have to be made by that Councilmember based on
facts and circumstances known at the time.
d. Bias for or against a proposed action. There will be situations for each Councilmember where, based upon
their current or prior work or personal relationships, that Councilmember may not be able to participate in a
discussion and decision on a given issue because they likely can't be objective. In such an event, the
Councilmember must give due consideration to their potential to be predisposed, and whether they believe
they can objectively consider and decide on the issue. If the answer is yes, then the Councilmember may
proceed. If this self-analysis is difficult as to whether the Councilmember can be objective, but the
determination is that they can, the Councilmember should strongly consider disclosing the nature of the
potential bias to the Council, and then announce whether they believe they can or cannot proceed. If the
Councilmember does not believe they can be reasonably objective, they should recuse themselves from the
discussion and consideration. The purpose for recusal under such circumstances is that the Council wants the
public to have the utmost confidence that decisions are made objectively, and that all citizens and businesses
will be treated equally and fairly.
e. Process and Disclosure: When a Councilmember determines recusal is appropriate, or when it is required
by law, the Councilmember shall announce that they need to recuse themselves, explain the factual
circumstances, then step off the dais and out of the Council chambersmeeting place. —A staff member will
retrieve the Councilmember once that issue is finished being discussed. The determination of whether to recuse
oneself from an issue, and then formally recusing, shall occur before any discussion has taken place on that
issue to ensure that Councilmember does not participate in the matter in any fashion.
f. The following is an example of appropriate language where recusal is warranted:
Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any
discussion and decision on this matter. I have known the owners of * business for * years, am friends with
them, and believe it would be most appropriate for me not to participate in this matter. As such, I will
recuse myself and step out of the room. OR
g-
Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any
discussion and decision on this matter. I own a business that competes directly with the business at issue,
and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse
myself and step out of the room.
The following is an example of appropriate language where the Councilmember determines that he/she
does not need to recuse themselves from the matter: Following careful analysis and consideration, I think
it is appropriate for me to participate in the discussion and decision on this matter. Although I am
somewhat familiar with this matter from my prior association with *, I believe I can be objective and
unbiased. As such, I will not recuse myself, and will participate with the rest of the Council in the
discussion and decision.
19. Ordinances
a. Except for unusual circumstances or emergencies, ordinances and resolutions shall customarily be prepared,
introduced and proceed in normal fashion with an administrative report, then first and second reading in
accordance with the "Three Touch Principle." Prior to final passage of all ordinances or resolutions, such
documents shall be designated as drafts.
b. A Councilmember may, in open session, request the City Manager bring forth an ordinance for a specific
purpose.
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.
Page 23 of 59
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 a first reading.
f. 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.
g. Council may not pass a franchise ordinance at a special meeting [RCW 35A.47.040].
h The passage of any ordinance, grant or revocation of franchise or license shall require the affirmative vote
of at least a majority of the whole membership of the Council. [RCW 35A.13.170]
i. The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures
for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as
a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at least a majority plus one of
the whole membership of the Council. (RCW 35A.13.190).
j. Occasionally, an ordinance will be on an agenda the same night as a public hearing on the same topic, such
as a public hearing on a budget, amended budget, proposed tax, or moratorium, and an ordinance approving
that item. When that occurs, after the public hearing has been closed and Council moves to the ordinance action
item, public comment shall not be taken on the ordinance since it was just taken as part of the public hearing
process. Public comment will also not be taken during the ordinance's second reading at a subsequent Council
meeting. This procedure will also be used if a public hearing on a specific issue is held before the Planning
Commission; so that when the resulting ordinance comes before Council, public comment will not be taken on
either the first or the second reading.
20. Resolutions
a. 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 ask the City Clerk to read the resolution title in order to facilitate public
understanding and/or comment. 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.
b. The passage of 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.
c. Occasionally, a resolution will be on an agenda the same night as a public hearing on the same topic, such
as a public hearing on an amended Transportation Improvement Program, and a Resolution approving that
amendment. When that occurs, after the public hearing has been closed and Council moves to the resolution
action item, public comment shall not be taken on the resolution since it was just taken as part of the public
hearing process. This procedure will also be used if a public hearing on a specific issue is held before the
Planning Commission, which would result in a resolution for Council consideration.
21. Community Recognition Program:
a. In an effort to acknowledge outstanding citizens, businesses and organizations who have made a significant
contribution, or have had or continue to have, a positive impact on the citizens of our community, the Council
has implemented a Community Recognition Program.
Page 24 of 59
b. Eligibility: Must be a citizen/resident or an owner/operator of a business within Spokane Valley City limits.
City of Spokane Valley elected officials, staff members and their relatives are not eligible for nomination,
however, they may submit nominations. There is no limit to the number of nominations one may submit.
c. Selection: will be made by the Mayor with confirmation by the Council. If selected, recognition will take
place at a City Council meeting and depending upon the nature of the nomination, the honoree will be presented
with a proclamation, certificate of appreciation, and/or a key to the City.
d. Process: Nominations shall be submitted on a Community Recognition Form, addressed to the City Clerk,
and may be made at any time.
e. Selection of these recipient(s) will typically be held during a formal format Council meeting, under the
Agenda Item of Introduction of Special Guests and Presentations.
22. Proclamations:
a. Ceremonial proclamations not associated with the Community Recognition Program.
i. These proclamations are not statements of policy but are a means by which the City can recognize
an event, group or individual. As part of the ceremonial duties of the Mayor, the Mayor is charged
with approval of proclamations at his/her discretion; and reserves the right to decline any proclamation
request as well as the right to make exceptions to these guidelines and procedures. Individual
Councilmembers will not issue proclamations, and requests for a proclamation should be directed to
the Mayor or the City Clerk.
ii. Proclamations will be considered for approval which will proclaim certain events or causes when
such proclamation positively impacts the community and conveys an affirmative message to Spokane
Valley residents. Proclamations will not be considered which are potentially controversial, political or
religious in nature unless approved by the majority of Councilmembers.
iii. Proclamations can be issued at the discretion of the Mayor, and may be for organizations,
individuals, or businesses within or outside Spokane Valley's jurisdiction.
b. Procedure for proclamations to be read at a Council Meeting:
i. The person making the request need not be a Spokane Valley resident
ii. Requests should be made at least four weeks in advance of the scheduled Council meeting
iii. The person asking for the proclamation should agree to be in attendance or have someone attend in
their stead
iv. The City Clerk will inform the requestor whether the proclamation request is approved
v. The person making the request shall draft the proclamation and send it to the City Clerk once
approval is given
vi. The City retains the right to modify and/or edit the proposed proclamation as it sees fit
vii. It is the Council's preference to have proclamations read at formal meetings, which are generally
held the dnd and 4th Tuesdays; however, proclamations may be read at Study Sessions due to scheduling
conflicts.
c. For those instances where proclamations are requested for events other than to be read at an open Council
meeting, the same procedure as above shall be followed, but instead of having someone at a Council meeting
to officially receive the proclamation, the City Clerk will mail the proclamation to the requestor, or it can be
hand -carried by the Councilmember attending the event to read the proclamation.
d. Reading of these proclamations will typically take place at a formal format Council meeting, immediately
after the Mayor's report, or could take place as the first agenda item on a Study Session.
23. Taxes: Increasing or Imposing New Taxes The Council strongly believes in fiscal restraint, and that
increasing the tax burden on its property owners and citizens by increasing or imposing new taxes should be
avoided except as a last resort. In addition to complying with all applicable statutory requirements, increasing
or imposing new taxes should only be done as follows:
Page 25 of 59
a. As requested by the City Council, the City Manager in consultation with the Finance Director, shall notify
the City Clerk of Council's desire for a proposed ordinance, and ask the City Attorney to prepare a draft
ordinance.
b. Within 14 days following notice to the City Clerk, the City Clerk shall publish a notice of public hearing
once a week for two consecutive weeks in the official newspaper of the City, stating
i. the date, time and place of Council's public hearing
ii. the purpose of the hearing: that a tax increase or new tax has been proposed
iii. that a copy of the proposed draft ordinance shall be furnished to any City taxpayer who requests it;
and
iv. that any City taxpayer may appear and provide verbal or written comment for or against the
proposed draft ordinance.
c. Preceding such public hearing, staff will provide an administrative report to Council describing the financial
deficit and need for the increased or new tax; and if Council concurs and after the public hearing, the proposed
draft ordinance shall proceed as follows:
i. Proceed with a first reading of the proposed draft ordinance (same or different meeting as the public
hearing)
ii. Second reading of the proposed draft ordinance at a subsequent meeting.
d. Approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the
whole Council.
24. Hearings: [note: See Appendix A, page 46 for quasi-judicial hearings]
a. Purpose
i. Held to obtain public input on legislative decisions on matters of policy
ii. Are required by state law in such matters as comprehensive plan use plans, or annual budget
iii. Do not involve legal rights of specific private parties in a contested setting
iv. Affect a wide range of citizens or perhaps the entire jurisdiction
v. Decisions reached as a result of these hearings are not second-guessed by the courts, and if
challenged, are reviewed only to determine if they are constitutional or violate state law
b. Process
i. 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 desire. Individual comments shall be limited to a specific amount of time as
determined by the Presiding Officer , 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:
a. 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.
Speakers may be asked to spell their last name because an official recorded transcript of the public
hearing is being made.
b. No comments shall be made from any other location, and anyone making "out of order"
comments shall be subject to removal from the meeting.
c. Unless otherwise determined by the Presiding Officer, all public comments shall be limited to
three minutes per speaker and members of the public are not permitted to give any of their own
speaking time to other members of the public. This time is an opportunity to hear from various
members of the public in a limited public forum, and not an opportunity for extended comments
or dialogue.
d. At the discretion of the Presiding Officer, members of the public shall only speak once per issue.
Page 26 of 59
e There shall 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.
f. Unless read and/or handed in by the individual speaker during the public hearing, previously
received written public comments shall 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 who
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.
g. 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.
ii. The Presiding Officer declares that the public hearing on the topic at hand is open, notes the time
for such opening, and asks staff to make their presentation.
iii. After staff presentations, the Presiding Officer calls for public comments.
iv. 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 shall be recalled to the podium.
v. The Presiding Officer declares the public hearing closed and notes the time for such closing.
25. Reconsideration
a. The purpose of reconsidering a vote is to permit change or correction of an erroneous action, or to take into
account added information or a changed situation that has developed since the taking of the vote. 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:
i. any action previously reconsidered;
ii. motions to adjourn or motions to suspend the rules;
iii. an affirmative vote to lay an item on, or take an item from, the table;
iv. previously passed motion to suspend the rules; or
v. a vote electing to office one who is present and does not decline.
b. Such motion for reconsideration:
i. shall be reconsidered during the same Council meeting;
ii. shall be called up when no business is pending (no action is pending);
iii. if action is pending, the Mayor asks the Clerk to note that the motion to reconsider has been made
and shall be taken up when a member calls the motion to reconsider the vote when no other business
(action ) is pending;
iv. shall be made by a member who voted on the prevailing side on the original motion. This means a
reconsideration can be moved only by one who voted aye if the motion involved was adopted, or no if
the motion was lost. It is permissible for a Councilmember who cannot make such a motion, but
believes there are valid reasons for one, to try to persuade someone who voted on the prevailing side,
to make such a motion.
v. a member who makes this motion should state that he or she voted on the prevailing side;
vi. needs a second, and can be seconded by any member;
vii. is debatable if the type of motion it reconsiders is debatable; and
viii. is not amendable and requires a majority vote to adopt.
c. Step 1: A member of Council who voted on the prevailing side makes the motion, such as "I move to
reconsider the vote on the resolution relating to holidays. I voted for [or against] the resolution." This motion
needs a second, which can be seconded by any Councilmember.
Page 27 of 59
d. Step 2: If the motion for reconsideration is adopted, the original motion is then 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.
e. 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.
26. Council Materials
a. Council Material: Councilmembers 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. A good opportunity
to do this is at the Advance Agenda meeting. Council recognizes there are times when Councilmembers 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 they would like the materials considered for a future meeting, since except in an emergency,
Councilmembers 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."
b. Council Packets: Councilmembers shall personally pick up their agenda packets from their City 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 shall 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 form.
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 (such 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.
27. "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 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"
would be impractical. However, when unusual circumstances arise which justify a "first discussion" decision,
the persons requesting the expedited decision should also explain the timing circumstances. This principle
excludes staff reports and other general communications not requiring a Council decision.
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CHAPTER 2
Legislative Process
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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.13.030) There are no term limits for the office of Mayor or
Deputy Mayor.
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 vote 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, Councilmembers 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 Mayor if that person is still a member of Council,
or if the previous Mayor is no longer a Councilmember, then by the 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 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 shall 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 shall be broken based on the flip of a coin. The City Manager shall flip the coin. If there are
more than two Councilmembers tying with the most votes, that tie shall be determined by another means of
chance to narrow the Councilmembers down to two, at which time the outcome shall be determined by written
ballot.
B. Filling Council Vacancies
1. General Process: (Note that public comment shall not be taken during this entire process.) If a vacancy
occurs on the City Council, the Council shall follow the procedures outlined in RCW 35A.13.020 and Council's
adopted procedure in compliance with RCW 35A.13.020, as well as RCW 42.12.070. The timeline will vary
depending on when the process begins. Pursuant to RCW 35A.13.020, City Council has 90 days from 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. In order to be qualified to run for Spokane Valley City Council, or hold such position, a
person must be [RCW 42.04.020] a citizen of the United States, 18 years of age or older, a resident of the City
of Spokane Valley for a year or more preceding his or her election, a registered voter in the City of Spokane
Valley at the time of filing the declaration of candidacy and at the time of filing the declaration of candidacy
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if the candidate had ever been convicted of a felony, they must no longer be under the authority of the
Department of Corrections, or currently incarcerated for a felony.
Pursuant to RCW 42.12, remaining members of Council shall appoint a qualified person to fill the vacancy as
an interim position who will serve from the date of appointment until the person elected in the November odd -
numbered year general election takes office, which is the date the election results are certified, normally around
the 26th of November. (See also 35A.12.040) Immediately upon the election being certified, that just -elected
person will take the oath of office, take their position as a member of Council, and complete the remainder of
the unexpired term.
a. Procedure for Filling a Council Vacancy, Timeline/Procedure-Publication: The City Clerk shall
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 (see Appendix E page 53 for
application). Qualifications to sit as a Councilmember are set forth in RCW 35A.13.020, which refers to RCW
35A.12.030: (1) must be a registered voter of the city at the time of filing his or her declaration of candidacy;
(2) has been a resident of the city for a period of at least one year next preceding his or her election. Additional
qualifications include those stated above under #1 General Process, and that Councilmembers shall not hold
any other office or employment within the Spokane Valley City government [RCW 35A.12.030]. In order to
avoid any real or perceived conflict of interest, no member of Council's immediate family may be currently
employed by the City of Spokane Valley since employment is considered a contractual matter, and a
councilmember would have a prohibited interest in a contract between a family member who is an employee
of the city, and the city. (See Appendix G page 58 Definitions for description of immediate family.) If possible,
the vacancy announcement shall be published for three consecutive weeks.
b. The City Clerk shall establish the deadline to receive applications, for example, no later than 4:00
p.m. on a certain date.
c. RCW 42.30.110(1)(h), set a special meeting with an executive session beginning at 5:00 p.m.
Council shall meet and adjourn to executive session to review and discuss all of the applications. After the
review and discussion, Council shall return to Council Chambemmeeting place and the Special Meeting shall
be adjourned.
d. Hold a regular 6:00 p.m. meeting, same evening as above special meeting. Pursuant to RCW
42.30.110(1)(h), Council shall meet in open session and part of this agenda shall include selection of applicants
to interview. Selection shall be by nomination and second. A vote shall be taken and candidates receiving a
majority vote of those councilmembers present, shall be interviewed. Immediately after this Council meeting
or as soon as practicable, the Clerk shall send a list of potential questions to all those to be interviewed.
e. Schedule the conducting of the interviews for an upcoming Council meeting. Pursuant to RCW
42.30.110(1)(h), the interviews shall be conducted during an open Council meeting. Each interview shall be a
maximum of 30 minutes.
f. Schedule a special 5:00 p.m. meeting with an executive session. Pursuant to RCW 42.30.110(1)(h),
Council shall meet and adjourn to executive session (closed session) to discuss applicants. After the discussion,
the Special Meeting shall be adjourned as usual.
g. Hold a regular 6:00 p.m. meeting, same evening as "f' above special meeting. Pursuant to RCW
42.30.110(1)(h), Council shall 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 shall be sworn in by the City Clerk,
and take their seat at the dais.
2. Nomination Options for Conducting Interviews:
a. After holding an executive session to review applications, during a subsequent open session, any
Councilmember may
i. nominate an applicant to be interviewed
ii. the nomination must be seconded
iii. Councilmembers may make more than one nomination, but only one at a time
iv. the Mayor shall ask if there are further nominations
v. if no further nominations, the Mayor shall close the nominations
vi. votes shall be taken on each applicant in the order of nomination
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vii. votes shall be by raised hand
viii. applicants receiving a majority of votes of those Councilmembers present, shall be interviewed
ix. once all voting has taken place, the City Clerk shall summarize which applicants shall be
interviewed based on the voting outcome. As soon as possible after the Council meeting, the City Clerk
shall notify each applicant to inform them if they will or will not be interviewed; notify those to be
interviewed of the date and time for their interview, and send each person to be interviewed, the list of
possible interview questions; or
x. Instead of the above nomination process, after holding an executive session to review applications,
Council may choose to interview all applicants
b. The length of the interview shall be determined based upon the number of applicants and interviews
shall be done in last -name alphabetical order. The City Clerk shall notify all applicants of the date, time and
procedure for their interview. To keep the process as fair as possible, on the date of the interview, applicants
not yet interviewed shall be asked to wait in a waiting area outside the Council Chambersmeeting place and
away from viewing or hearing the meeting's proceedings.
c. If during open session, Council has nominated only one person to interview, or in the case of more
than one vacancy, one person per vacancy, Council may forego the interview process and move to make the
appropriate appointment.
3. Interview Questions/Process:
During the interview, each Councilmember may ask each candidate a maximum of three questions, which
includes any follow-up questions. Candidates shall be interviewed in alphabetical order of last name.
4. Nomination and Voting Process to Select Applicant:
a. 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. Councilmembers may not make
more than one nomination unless the nominee declines the nomination and unless there is no second to the
nomination; in which case the Councilmember make another nomination. Once the nominations are given, the
Mayor shall close the nominations and Council shall proceed to vote.
b. Voting Process. RCW 42.12.070 states that where one position is vacant, the remaining members of the
governing body shall appoint a qualified person to fill the vacant position. By adoption of this policy, Council
has chosen the following process for making such appointment:
i. Except when there is only one nominee, a vote for an applicant shall be by written ballot. Each ballot
shall contain the name of the Councilmember who cast it.
ii. The vacancy may only be filled when a majority of the remaining City Council (whether present or
not) affirmatively votes for the applicant, i.e. if five City Councilmembers are present, this would
require at least four 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.
iii. Round One Vote: The City Clerk shall publicly announce the results of the election. The applicant
receiving the majority of votes shall 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.
iv. 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
and they receive tie votes, a third round shall be taken. Councilmembers may change their vote
between rounds.
v. 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, with concurrence of Council shall
flip a coin to determine who shall fill the vacancy, with the applicant whose last name is closest to the
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letter A being assigned "heads" and the other person assigned "tails." In the rare circumstance where
both applicants' last name begins with the same letter of the alphabet, the applicant whose entire last
name is closest to the letter A shall be assigned "heads" and the other person assigned "tails." In the
equally rare circumstance where both applicants have the same last name, the applicant whose first
name is closest to the letter A shall be assigned "heads" and the other person assigned "tails."
5. Seating of New City Councilmember:
Once an applicant either has received a majority of votes or wins the coin flip, if the appointed applicant is at
the meeting, the City Clerk shall administer the oath of office, and the new Councilmember shall be officially
seated as a City Councilmember. If the appointed applicant is not at the meeting, such action is not official
until the applicant takes the oath of office.
C. Legislative Agenda
Councilmembers work each year (or sometimes every two years) to draft a State and a Federal "legislative
agenda" to address Council ideas, suggestions and specific legislative programs in terms of upcoming or
pending legislative activity in Olympia and Washington, D.C. that would or could have an effect on our City.
These agendas can also be addressed during Council's participation in the Association of Washington Cities
(AWC)annual conference, and the annual National League of Cities Conference held in Washington, D.C.
D. Council Travel Allocation
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 shall be apportioned equally among six
Councilmembers, and the Mayor may receive additional funding based on the extra travel demands of the
office. 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 are available to
Councilmembers upon request to the Finance Depaitinent or the City Manager's Executive Assistant. Should
a Councilmember exhaust their apportionment of funds, that person shall be personally responsible for
payment of any travel and related expenses unless they have requested and received written affirmation from
another Councilmember of their voluntary allocation to grant the travel related expenses from that granting
Councilmember's travel apportionment. Such granting of travel allocations shall be documented with the
appropriate completed form (see Appendix F, page 57). During the last six months of a Councilmember's
current term of office, Councilmembers shall not incur City business -related travel expenditures outside a 50
mile radius unless such travel fulfills the obligations of the Councilmember's service on statewide or regional
boards, commissions or task forces.
E. COUNCIL EXPENSE REIMBURSEMENT POLICY
1. Travel Approval and Expense.
a. General Travel: Councilmembers are entitled to payment of and reimbursement for lawful expenditures
incurred on official City business when such expenditures are within the allotted budget. The City shall not
reimburse Councilmembers for meals or beverages with constituents when there is not at least a quorum present
as that would not be considered official City business. The City shall not reimburse an expense associated with
fundraising or political events. The City shall also not reimburse an expense if that expense is reimbursable by
another agency. Each Councilmember shall be permitted to travel within the constraints of each
Councilmember's allotted budget, which may also include donated allocation(s) from another
Councilmember(s). (See Appendix F page 57 for Request Form.)
b. Allowable Travel Expense. Allowed travel expenses include transportation, lodging, meals, and other related
expenditures lawfully incurred by Councilmembers in the course and scope of their Councilmember duties.
i. Meals are provided as a per diem rate at 35% above the amounts posted by the General Services
Administration at www.gsa.gov/perdiem. For each full day of travel, all three meals are reimbursable
unless they are provided by a third party. Meals provided through a third party such as through a
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conference registration, will be subtracted from the per diem amount. Per diems on the first and last
day of a trip are governed as set forth below.
Departure Day
Depart before 8:00 am Breakfast, lunch and dinner
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon Dinner
Return Day
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch
Return after 7:00 p.m. Breakfast, lunch and dinner
ii. Lodging is reimbursed for the actual cost of the room, minus any room extras. If paid in advance, a
receipt is required for reimbursement.
iii. Tips are allowable expenditures when they approximate 15% or less, unless the personal service
provider sets a mandatory group rate at a higher percentage, or the tip is already included in the
expenditure. Please carefully examine your bill and be aware of statements such as "A service charge
of %/$ will be added to your bill." Reimbursement for tips is limited to valet services, and taxi/ride
share transportation. Tips on meals are included in the per diem rates above.
iv. When staff is making and paying for air travel arrangements, airline trip insurance may be
purchased on a case -by -case basis at the discretion of the City Manager. Times when such trip
insurance may be purchased include necessary travel when the weather is questionable.
v. A monthly mileage stipend of $25 for each Councilmember, and $50.00 for the mayor, shall be
provided for local travel for City business within 15 miles from City Hall. If travel is beyond 15 miles
from City Hall, mileage shall be reimbursed according to the current IRS mileage rates for traveled
miles as determined by such websites as google maps, or other internet apps or mileage distance
calculators, using the shortest route between two places.
c. Non -Reimbursement or Prohibition of Travel Expense.
Unauthorized travel expenses include but are not limited to the following items, for which no reimbursement
shall be allowed:
i. Liquor
ii. Expense of a spouse or other persons not authorized to receive reimbursement under this policy
iii. Personal entertainment/movies
iv. Theft, loss, or damage to personal property
v. Barber or beauty parlor
vi. Airline or other trip insurance (see b iv directly above)
vii. Personal postage
viii. Reading material except for that associated with official City business
ix. Personal telephone calls
x. Personal toiletry articles, including toothpaste, toothbrush, comb, brush, candy, gum, tissues, and
other miscellaneous items
xi. Dry cleaning/laundry service
xii. Prohibited expenses charged to the City in error shall be immediately reimbursed.
d. Conferences/Meetings/Seminars.
i. Where a meal is included in a registration package, the cost of a meal eaten elsewhere shall not be
provided in the per diem rate unless its purpose is to allow the conduct of City business.
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ii. For meetings or seminars hosted by an organization for which the City pays membership dues,
lodging is limited to the amounts that are reasonable and necessary based upon the government or
conference rate offered by the host hotel(s).
iii. When an extra day's stay would reduce airfare beyond the extra day's hotel and meals, a
Councilmember may stay an extra day.
2. Payment of Expenses.
a. Use of City Credit Cards. Use of City credit cards for travel is authorized pursuant to chapter 2.65 SVMC.
b. Prepayment. Examples of travel expenses subject to prepayment include registration fees, airline tickets,
and certain lodging where the cost is part of the registration package. Prepayment is generally handled by the
City Manager's Executive Assistant.
c. Direct Billing. Direct billing to the City for expenses such as meals and lodging is prohibited.
d. Expense Reimbursement Report. Expense Reimbursement Forms shall be completed no less than monthly.
Councilmembers shall complete the Expense Reimbursement Form and submit it to Finance, documenting the
amount due the Councilmember or City as appropriate. The actual amounts expended shall be written on the
form with itemized receipts attached. The completed Expense Reimbursement Form shall be submitted to
Finance within 45 days after completing travel. Expense Reimbursement Forms submitted more than 45 days
after completing travel shall not be honored.
3. Use of Personal Vehicle.
a. Reimbursement. Expenses for the use of personally -owned vehicles in the course of City business are
reimbursed at the then -current U.S. Government (IRS) rate. Councilmembers who use their personal car for
City business shall carry, at a minimum, the Washington state required insurance coverage. Councilmembers
shall be responsible for maintaining this coverage at their own cost.
b. Passengers. Should more than one Councilmember travel in the same personal vehicle on City business,
only the individual owning the vehicle is entitled to reimbursement for transportation.
4. Cancellation.
A Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional
meetings, hotel, and airfare, or any other pre -payment or obligation made on his/her behalf. Except in the case
of a personal or family emergency, or in the event the cancellation was a City business decision, expenses
incurred by the City resulting from failure to conform to cancellation deadlines are the personal responsibility
of the Councilmember, and those expenses shall be repaid to the City within fourteen calendar days of the
cancellation.
F. 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
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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 or individuals, for Council to support or oppose ballot
measures; nor shall Council permit any public comment on any past, current, or future possible/proposed 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 determined that ballot issues (including past, current, or possible/proposed ballot issue) are not the
business of the City, and 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, other meeting
location, 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 shall not be permitted. (See page
15, Chapter 1, C Public Comments for more specific direction on allowable public comment)
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CHAPTER 3
Council Contacts
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A. Citizen Contact/Interactions Outside of a Council Meeting
1. Mavor/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 shall work with the Mayor
to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding
City business. This provision shall 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
Councilmember should, when deemed appropriate and/or necessary, consult with the City Manager to, first
determine whether the issue is legislative or administrative in nature and then:
i. 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 matter may be referred, with Council consensus, 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.
ii. 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
Councilmember 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
a. When administrative policy or administrative performance complaints are made directly to individual
Councilmembers, the Councilmember should 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.
b. 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. See Spokane
Valley Municipal Code 3.34. for policy on donations.
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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 depaitnients. The powers and duties of the City Manager are defined
by Washington law RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced
with 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 management decisions of the City Manager.
2. City Staff Attendance at Meetings
a. 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.13.080)
b. 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 directors 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 shall 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 inquiry, the Council and its members shall deal with the administrative branch solely through the
City Manager and neither the Council nor any committee or member thereof shall give any 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.13.120.)
5. Informal Communications Encouraged
RCW 35A.13.120 should not 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,
Page 39 of 59
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 Councilmembers shall inform their supervisor of such contact and provide the supervisor with
the same information shared with the Councilmember.
Page 40 of 59
CHAPTER 4
COMMITTEES, BOARDS, COMMISSIONS
Page 41 of 59
A. Regional Committees, Commissions and Boards
1. Committees
a. Spokane Valley Councilmembers and/or residents who seek representation on any standing committee,
board, or commission required by state law, shall be appointed by the Mayor with confirmation by the Council.
b. 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 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. This process also applies to the annual appointment of Councilmembers to Committees and Boards,
which is usually done during the first few weeks of January.
c. Attendance at Committee/Board meetings: Attendance at these meetings is important so that a report can be
given to the full Council concerning the meeting's activities, plans, agenda, etc. If the assigned
Councilmember cannot attend the committee meeting, every effort should be made to give advance notice to
the committee alternate to attend in their stead if possible.
d. Removal Process of Councilmember. Any Councilmember on any committee, board, commission, task
force, etc., requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council,
which shall be by majority vote of those present at the time the vote takes place.
e. Removal Process of Citizen: Any citizen on any committee, board, commission, task force, etc., requiring
Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by
majority vote of those present at the time the confirmation vote takes place. Reasons for removal include
conflict of interest, unexcused multiple absences, or for those committees which require the appointee to be a
Spokane Valley citizen, failure to qualify as to residency.
f. A Councilmember or citizen may resign due to conflicts of time or scheduling commitments, or other
personal reasons. A vacancy caused by resignation, shall be filled as soon as appropriate, but not sooner than
two weeks, with notation of such on the advance agenda.
g. These committee, commission board appointments as well as removals, shall be placed as action items on
Council meeting agendas, and when possible and practical, will be noted on the Advance Agenda at least two
weeks prior to such action.
2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies
a. The purpose of these appointments is to provide Council with insight into areas of interest or concern within
each board. As liaisons and representatives of the City, it is the duty of Councilmembers to remember that their
sole purpose in attending these meetings and participating as an appointed board/committee member is to
represent the City; and as such during those meetings, Councilmembers may not act as a representative of any
other business, group or organization without the express consent of the Council.
b. Councilmembers are encouraged to share with all Councilmembers, 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 upcoming agenda for a specific Council meeting,
or take other appropriate action.
Page 42 of 59
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.
Such appointments are generally made at the first or second meeting in January. Following are established in-
house committees:
a. Planning 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.
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 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 limits. 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."
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."
Page 43 of 59
c. Finance Committee-- 3 members.
The Finance Committee generally consists of three Councilmembers. Meetings are conducted on an
as -needed basis as determined by the City Manager. Matters that should be addressed by the Finance
Committee, include, but are not limited to:
i. authorizing on short notice, approval of change orders that are in excess of the amounts
authorized in SVMC 3.35.010(C), 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.
ii. 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.
iii. a Councilmember shall adhere to cancellation deadlines when canceling conferences,
seminars, regional meetings, hotel, and airfare, or any other pre -payment or obligation made on his/her
behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a
City business decision, expenses incurred by the City resulting from failure to conform to cancellation
deadlines are the personal responsibility of the Councilmember and those expenses shall be repaid to
the City within fourteen calendar days of the cancellation. This is generally tracked by the City
Manager's Executive Assistant.
d. Governance Manual Committee — 5 - 6 members
This committee usually consists of two or three Councilmembers, the City Manager, the City Attorney,
and the City Clerk. The purpose of this Committee is to periodically review the Governance Manual
for edits needed for clarity or correction, or to add or edit specific sections by Council consensus, or
by request of staff as the need arises. After discussion as a committee, the matter may be scheduled as
an administrative report on a future Council agenda. The finalized Governance Manual shall be
approved via Resolution. This committee should strive to meet quarterly throughout the year, e.g. in
February, May, August, and November.
e. A&enda Committee — Mayor, Deputy Mayor, City Manager, City Clerk
At the Mayor's option, and either by a schedule determined by the Mayor or by personal individual
invitation, the Mayor may invite a third Councilmember to attend this weekly meeting. The attendance
by a third Councilmember is at the third Councilmember's discretion. Other staff may be invited at the
discretion of the City Manager. As noted in Chapter 1(B)(4), this committee generally meets at a fixed
weekly time to review the Council agenda of the upcoming meeting as an opportunity to ask questions
and/or request additional materials or research needed for the impending meeting, and to review the
Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas.
Since this is a standing committee of the Mayor, Deputy Mayor, City Manager, and City Clerk, no
committee appointments are necessary.
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 shall be placed on the City's website, and in the City's official newspaper.
Page 44 of 59
C. Private Committees, Commissions, and Boards
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 confirmation 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 those committees and/or boards. As well, Council appreciates hearing a periodic report
or update on activities and issues surrounding those boards and committees.
Page 45 of 59
APPENDIX A
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, pursuant to RCW 42.36.040, except that sitting Councilmembers shall not express their
opinions on any such matter which is or may come before the Council.
b. Ex parte 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 42.36.060)
3. Actions/Procedures for a Quasi -Judicial Public Hearing
See Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures.
Page 46 of 59
APPENDIX B: 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.
Section 2.
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.
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.13.020.
Section 4.
Section 5.
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.
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.
Page 47 of 59
Section 6.
Section 7.
Section 8.
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.
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.
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 11`h day of December, 2007.
ATTEST: /s/ DIANA WILHITE
/s/ CHRISTINE BAINBRIDGE
Christine Bainbridge, City Clerk
Approved as to form:
/S/ MICHAEL F. CONNELLY
Office of the City Attorney
Diana Wilhite, Mayor
Page 48 of 59
APPENDIX C: 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 manner.
• 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.
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 upon 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. Exceptions
to this prohibition are if an item less than $50.00 value is provided to a Councilmember while that person is
participating in business related to their position as a Councilmember. Campaign donations made and
reported in conformance with Washington law are exempt from this provision. [RCW 42.23.070]
(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 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 Councilmember feels disqualified, and state that
they are recusing themselves from the issue, and with permission of the Presiding Officer, will leave the
Council Chambermmeeting place until such time as the issue at hand has been disposed of in the regular
course of business.
Page 49 of 59
Appendix D: 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
COVID-19 — CO=corona, VI=virus, & D=disease; 2019 novel coronavirus; infectious disease caused by
severe acute respiratory syndrome coronavirus 2; WHO declared it a global pandemic March 2020
CTED - Community, Trade, & Economic Development (now Department of Commerce)
CTR - Commute Trip Reduction (legislation)
CUP - Conditional Use Permit
DEIS - Draft Environmental Impact Statement
DEM - Depaitnient of Emergency Management
DNR - Department of Natural Resources
DNS - Declaration of Non -Significance
DOC — Department of Commerce
DOE - Department of Ecology; Department of Energy
DOT - Department of Transportation (also WSDOT)
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
Page 50 of 59
FAA - Federal Aviation Administration
FCC - Federal Communications Commission
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
FMSIB — Freight Mobility Strategic Investment Board
FY - Fiscal Year
GAAP - Generally Accepted Accounting Principles
GASB - Governmental Accounting Standards Board
GIS - Geographic Information 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 - Preliminary 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
Page 51 of 59
QA - Quality Assurance
RCW - Revised Code of Washington
REET - Real Estate Excise Tax
RONR - 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
WHO — World Health Organization
WSDOT - Washington State Department of Transportation
WSP - Washington State Patrol
WUTC - Washington Utilities & Transportation Commission
WWTP - Wastewater Treatment Plant
Page 52 of 59
Spokane
�Va11ey�
APPENDIX E
CITY OF SPOKANE VALLEY
10210 E. Sprague Avenue
Spokane Valley, WA 99206
(509) 720-5000
APPLICATION FOR INTERIM COUNCIL POSITION
Thank you for your interest in serving the Spokane Valley community as an Interim Council Member. An
Interim Council Member is the term used for someone to serve in a vacated council position until that vacated
position can be filled as a result of the next general municipal election (held odd years) [RCW 42.12.070]
To be considered, applicants must use this form. Applications shall be completed, signed, and received at
the City Clerk's office, 10210 E. Sprague Avenue, no later than p.m. on
(late arriving applications will not be considered). Applications may be hand -
delivered or mailed. Faxed or e-mailed applications will not be accepted because the original application
with the original signature must be received by the City.
During the interview process, Current Councilmembers will ask applicants several questions on a variety of
topical subjects, which could include but are not limited to: budget, pavement preservation, transportation,
infrastructure, public safety, economic development, planning and development, open space, familiarity with
Council meetings, Open Public Meetings Act, Public Records Act, and Council/Manager form of
government.
Name (please print):
Complete Residence Address:
Complete Mailing Address: (if different from above address):
Length of time lived at current address:
U.S. Citizen? [ ]yes [ ]no WA State Registered Voter? [ ]yes [ ]no
If you have lived at your current address less than one year, please list your previous addresses and state
how long you lived at those residences:
Complete Previous Address Length of Time at this Address
Which is your preferred way for us to contact you: [Note: If you have an unlisted phone number, or do not wish
your e-mail address made public, do not include that information. Once this document is submitted to the City, it
becomes subject to public disclosure.]
[ ] Home Phone [ ] work phone
[ ] Cell Phone [ ] other message phone
[ ] e-mail address: (please print plainly):
[ ] regular mail to residence or mailing address shown above
Page 53 of 59
EMPLOYMENT: Start with most recent
1. [ ] present [ ] previous
Name of Employer:
Address: Phone:
Position held: Dates of Employment:
2. [ ] present [ ] previous
Name of Employer:
Address:
Phone:
Position held: Dates of Employment:
3. [ ] present [ ] previous
Name of Employer:
Address:
Phone:
Position held: Dates of Employment:
EDUCATION:
Name of High School
Diploma or GED: [ ] yes
Address:
[ ] no
Trade School/College/University:
Name of School
Diploma: [ ] yes [ ] no
Trade School/College/University:
Name of School
Diploma: [ ] yes [ ] no
Other Certifications/Licenses:
Address:
Degree or Certification Earned:
Address:
Degree or Certification Earned:
VOLUNTEER EXPERIENCE: name of social, fraternal, organizations, etc.
1. [ ] current [ ] previous
2. [ ] current [ ] previous
3. [ ] current [ ] previous
4. [ ] current [ ] previous
5. [ ] current [ ] previous
LOCAL, STATE OR NATIONAL PROFESSIONAL ORGANIZATIONS, INCLUDING
GOVERNMENT BOARDS, COMMITTEES, OR COMMISSIONS
1. [ ] current [ ] previous
2. [ ] current [ ] previous
3. [ ] current [ ] previous
4. [ ] current [ ] previous
5. [ ] current [ ] previous
1. Are you a registered voter in the City of Spokane Valley? Yes [ ] No [ ]
2. Have you continuously resided within the city limits of the City of Spokane Valley for a year or more?
(State law requires a councilmember to be a resident of Spokane Valley for at least a year prior to
appointment, and to be a registered voter at the time of application.) Yes [ ] No [ ]
Page 54 of 59
3. Have you ever been convicted of anything other than a minor traffic infraction? Yes [
4. If you answered "YES" to #3 above, please explain:
]
No [ ]
5. Do you or your spouse or any immediate family member (spouse, children, siblings, parents) have a
financial interest in, or are you an employee or officer of any business or agency which does business with
the City of Spokane Valley? Yes [ ] No [ ] If yes, please explain:
6. Is any member of your immediate family currently employed, either full time or part time, by the City of
Spokane Valley, or currently perform any volunteer work for the City of Spokane Valley?
Yes[ ] No[ ]
If yes, please explain:
7. Would your appointment create a conflict of interest or an appearance of a conflict of interest?
Yes[ ] No[ ]
If yes, please explain:
8. Why are you interested in serving in this position?
9. What do you feel is the primary responsibility of a Councilperson?
10. Have you ever attended a live meeting of the Spokane Valley City Council? Yes [ ] No [ ]
If yes, give an estimate of how many meetings you have attended in the past twelve months:
11. Appointment to the City Council will require your attendance at regularly scheduled Council meetings,
which generally occur on Tuesday evenings, as well as other special meetings that may be scheduled from
time to time. This meeting commitment includes preparation time, such as reading the Council packet
materials. Councilmembers also participate on various boards and committees (such as STA, Visit Spokane,
Health Board, etc.) as assigned by the Mayor and confirmed by Council. Many of these groups meet during
regular work hours. Can you commit the appropriate time and energy to participate as an interim member of
the Spokane Valley City Council. Yes [ ] No [ ]
Page 55 of 59
12. References: Please list name, address and phone number:
1.
2.
3.
Once submitted, applications and related materials become a public record subject to public disclosure, and
could be included in Council agenda packets. Selection of the applicant must be approved by a majority vote
of the remaining Councilmembers. No City officer shall hold any other office or employment within the
Spokane Valley City government.
By signing this application, I certify under penalty of perjury, that such appointment would not represent a
conflict of interest or an appearance of a conflict of interest; that I recognize this application is subject to
public disclosure; and that the information entered hereon by me is true and correct to the best of my
knowledge and belief.
Signature Date Signed
Page 56 of 59
oi*t°N,,
Spokane
.Valley
APPENDIX F
CITY COUNCIL
10210 E Sprague Avenue • Spokane Valley WA 99206
Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org
Request to Transfer Travel/ Registration Budgets
Transfer from
Councilmember's name
Account number
Amount
Signature
Date
Transfer to
Councilmember's name
Account number
Amount
Signature
Date
Page 57 of 59
Appendix G: 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 42.30.010, 42.30.020(3)].
Codified: The process of forming a legal code (i.e., a municipal code 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, 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. 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. '7 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.
Immediate Family: includes a 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, 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
(RCW 42.17A.005(24)).
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. 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 at CenterPlace Regional Event Center, 2426 N. Discovery
Place, Spokane Valley, Washington 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. Includes 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 Web 2.0 in Government, WebContent.gov)
Page 58 of 59
INDEX
4 M
45 days • 35
45 minutes • 15
9
majority of the whole • 22, 24
majority plus one • 26
maker of the motion • 20, 21
mileage stipend • 34
90 days • 16, 17, 30 N
A
Advance Agenda • 14
Attendance at Committee/Board meetings • 42
8
ballot • 35
bias • 23
budget amendment • 22
negative • 20, 21
new taxes • 25
0
Outside Request • 10
P
parliamentarian • 16
per diem • 33
Presiding Officer • 10
prevailing side • 27
coin flip • 33
Council -Manager • 5 R
0
Disruptive public conduct • 15
E
ethical • 49
Excused Absences • 17
Executive sessions • 11
F
franchise ordinance • 24
G
gift • 49
leave of absence • 17
rearrange • 8, 11
recuse • 22
Robert's Rules • 4
speak twice •20
surprise • 10
T
Table a motion • 21
three minutes • 15, 16, 20, 26
tie vote • 22
vote to extend the meeting • 10
w
waived • 24
withdraw • 20
Page 59 of 59
Sifokane
jUalley
Governance Manual
Adopted by Resolution 23-006
A Comprehensive Collection of
Rules and Procedures
Adopted
Resolution 03-028 adopted 05-13-2003, replaced by
Resolution 04-013 adopted 05-25-2004, replaced by
Resolution 05-021 adopted 09-13-2005, 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, replaced by
Resolution 15-007 adopted 08-11-2015, replaced by
Resolution 16-012 adopted 11-01-2016, replaced by
Resolution 18-008 adopted 11-13-2018, replaced by
Resolution 18-011 adopted 12-18-2018, replaced by
Resolution 20-010 adopted 07-14-2020, replaced by
Resolution 22-021, adopted 11-22-2022, replaced by
Resolution 23-006, adopted
Page 1 of 59
TABLE OF CONTENTS
Introduction 4
Executive Summary 5
CHAPTER 1: Council Meetings 7
A. General 8
1. Time and Location 8
2. Open to the Public 8
3. Presiding Officer 8
B. Meetings 8
1. Regular Meetings Formal Format . 8
2. Regular Meetings: Study Session Format . 10
3. Executive Sessions . 11
4. Special Meeting 13
5. Emergency Meetings 14
6. Pre-Agenda/Advance Agenda Meeting 14
7. Cancellation of Meetings 14
C. Meeting Rules and Procedures 15
1. Public Comments 15
2. Council Rules of Order 16
3. Quorum . 16
4. Seating Arrangement 16
5. Attendance 16
6. Respect and Decorum 17
7. Dissents and Protests 17
8. Remote Meetings/Participation 18
9. Internet Use 18
10. Adjournment Due to Emergency or Disruption 19
11. Permission Required to Address the Council 19
12. Approaching the Dais 19
13. Out of Order (sequence) Requests .. 19
14. Photographs, Videos etc. Prior Permission Required 19
15. Placing Items on a Future Agenda 19
16. Motions and Discussion 19
Table of Parliamentary Procedure at a Glance 21
17. Voting 22
18. Recusal from Discussion and Consideration 22
19. Ordinances 23
20. Resolutions 24
21. Community Recognition Program . 24
22. Proclamations 25
23. Taxes: Increasing or imposing new taxes 25
24. Hearings 26
25. Reconsideration 27
26. Council Materials/packets . 28
27. Three Touch Principle 28
CHAPTER 2: Legislative Processes and Procedures 29
A. Election of Council Officers 30
B. Filling Council Vacancies 30
C. Legislative Agendas 33
D. Council Travel Allocation 33
E. Council Expense Reimbursement Policy 33
Page 2 of 59
F. Ballot Measures . 35
CHAPTER 3: Council Contacts 37
A. Citizen Contacts and Interactions . 38
1. Mayor/Council Correspondence 38
2. Citizen Concerns, Complaints and Suggestions to Council 38
3. Administrative Complaints to Individual Councilmembers . 38
4. Social Media 38
5. Donations 38
B. Staff Contacts and Interactions . 39
1. Role of the City Manager 39
2. City staff Attendance at Meetings 39
3. City Clerk — Minutes 39
4. Administrative Interference by Councilmembers 39
5. Informal Communications Encouraged 39
CHAPTER 4: Committees, Boards, Commissions 41
A. Regional Committees, Commissions and Boards 42
1. Committees . 42
2. Council Relations with Boards, Commissions, Advisory Bodies 43
B. In-house Committees, Boards, etc. 43
1. Standing Committees 43
a. Planning Commission . 43
b. Lodging Tax Advisory Committee ... 43
c. Finance Committee 44
d. Governance Manual Committee 45
e. Advance Agenda Committee 44
C. Private Committees, Boards, Commissions 45
Appendices:
A. Public Hearings, Quasi -Judicial 46
B. Resolution 07-019 Core Beliefs 47
C. Statement of Ethics 49
D. Frequently Used Acronyms 50
E. Application for City Council Member 53
F. Request to Transfer Travel Allocation from One Councilmember to Another 57
G. Definitions 58
Index 59
Page 3 of 59
INTRODUCTION
In December 2002, prior to our City's official incorporation, then Mayor DeVleming appointed three
members of Council to serve on an ad -hoc Governance Coordination Committee for the purpose of
drafting Council Rules of Procedure, to serve as an aid to effective legislative and organizational
harmony, and to provide procedural rules to conduct meetings efficiently, fairly, and uniformly. The
end -product legislation of that Committee's four -month process was approved by Council at the May
13, 2003 Council meeting. That historic first manual also included Resolution 03-027, a General
Policy Resolution of Core Beliefs, which was amended by Resolution 07-019, which can be found in
full in Appendix B on page 47. RCW 35A.12.120 states in part, that "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."
City Council meetings shall be governed by the most recent edition of Robert's Rules of Order, a
copy of which is maintained in the office of the City Clerk. However, in the event of a conflict between
the Council's Governance Manual and Robert's Rules, the Council's Governance Manual shall
prevail.
This Manual has undergone several changes since its inception, with some sections remaining static
over the years, such as Council meeting time and location, and other sections having been modified
to include Internet use, filling Council vacancies, the use of social media, and the option for
Councilmembers to view their packet electronically. This Manual is usually reviewed annually and at
times amended to recognize additional topics or for clarification as the need arises.
This Manual is designed to provide guidance for the City Council and is not intended to be an
amendment or substitute for any state statutes, City ordinances, court decisions, or other authority.
The rules and policies in this Manual do not constitute land use regulations, official controls, public
hearing rules or other substantive rules binding upon or to be used or relied upon by members of the
public, and do not amend statutory or other regulatory requirements.
Page 4 of 59
EXECUTIVE SUMMARY
FOUNDATION: The City of Spokane Valley incorporated March 31, 2003, and is a non -charter code
city operating under a Council -Manager plan of government as outlined in chapter 35A.13 RCW
Optional Municipal Code for Council -Manager plan of government. Under this form of government,
there are two branches of government: legislative and administrative.
PURPOSE OF CITY GOVERNMENT: The general purpose of local government is to promote the
social, economic, environmental and cultural well-being of the community, to ensure that resources are used
efficiently and effectively, to ensure transparency and accountability in decision -making, and to provide the
prudent use and stewardship of local community resources. These statements should be considered the lens
through which this Manual is intended and through which the actions of the City Council and staff are viewed.
The City recognizes that individual rights are critically important in our society, and the City is committed to
not infringe upon those rights whenever possible. Good governance should reflect the will of the citizenry and
can only occur as a result of an open public process: "All political power is inherent in the people, and
governments derive their just powers from the consent of the governed, and are established to protect and
maintain individual rights." (Washington State Constitution Article I, Section 1)
OBLIGATIONS: The City acknowledges the importance of complying with the Open Public Meetings Act
and the Public Records Act: "The people of this state do not yield their sovereignty to the agencies which serve
them. The people, in delegating authority, do not give their public servants the right to decide what is good for
the people to know and what is not good for them to know. The people insist on remaining informed so that
they may retain control over the instruments they have created." RCW 42.30.010 and 42.56.030.
RCW 42.30.010 Open Public Meetings Act: "The legislature finds and declares that all public commissions,
boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies
of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of
this chapter that their actions be taken openly and that their deliberations be conducted openly." Unless as
part of an executive session, Councilmembers shall not meet as a quorum of four or more in a non-public
meeting. Unless as part of a duly noted Council meeting, a quorum of four or more Councilmembers shall
not meet as part of a web conference dealing with City business, nor a conference call, serial
communication, social media or even a "straw poll" in executive session. The Open Public Meetings Act
does not prohibit a quorum or more of Councilmembers meeting at social gatherings or events provided
City issues are not discussed. If Councilmembers are involved in a violation of the Open Public Meetings
Act, and are aware that their actions violate the Act, they may be personally liable. If the violation is not
intentional, the City may still be liable for attorney's fees. However, elected officials' right to speak freely
and gather publicly is protected by the First Amendment of the U.S. Constitution.
RCW 42.56.030 Public Records Act: "This chapter shall be liberally construed and its exemptions narrowly
construed to promote this public policy and to assure that the public interest will be fully protected. In the
event of conflict between the provisions of this chapter and any other act, the provisions of this chapter
shall govern."
PRIORITIES: The City's priorities are public safety, pavement preservation, transportation and infrastructure
(including grade separations and park related projects), and economic development. Additional information on
priorities and Council goals can be found in each year's budget.
BASIC TENETS: Council's core values and basic tenets of governing can be found in Resolution 07-019,
which is included in its entirety in Appendix B on page 47 of this Manual.
BRANCHES OF CITY GOVERNMENT: The Council is the legislative branch of the City
government. Council appoints an officer whose title shall be "City Manager" and who shall be the
chief executive officer and head of the administrative branch of the City government. "The City
Page 5 of 59
Manager shall be responsible to the Council for the proper administration of all affairs of the code
city." RCW 35A.13.010.
Legislative Branch: City Council.
The City Council consists of seven elected officials, each elected to four-year terms. Individual
Councilmembers do not have governing power as individuals, but only when meeting as a Council when a
quorum (four or more) are present. Council represents the City residents and business owners of the City
of Spokane Valley, and is the law -making, policy -making, and budget and spending approval authority of
the City government. Council hires, directs, guides and evaluates the performance of the City Manager.
The City Manager shall be appointed for an indefinite term and may be removed by a majority vote of the
Council (RCW 35A.13.130), or as otherwise agreed to by contract. For functions of the Mayor and Deputy
Mayor, see also Chapter 1(A)(3), page 8 of this Manual.
Some of the duties, responsibilities, and limitations of each Councilmember:
• Brings the experience, concerns and knowledge of a typical City resident to City government.
• Is cognizant of the needs, wants and concerns of City residents and businesses as a whole.
• Contacts residents and businesses to gather feedback and ideas. The resulting information may be
shared with staff or other Councilmembers individually, or with fewer than two simultaneously
(but not serially), or with all Councilmembers at a Council meeting
• Studies internal and external written and documented information related to the government and
administration of the City.
• Is prohibited from giving City employees directives, or saying anything that could be taken as an
attempt to influence the conduct of the employee's job
• Gives feedback and ideas regarding City government and administration to the City Manager.
• Participates in assigned City and regional committees and all Council meetings.
• When acting in the capacity of Councilmember outside of Council meetings, communicates that
any personal opinion is the opinion of the individual Councilmember and not that of the collective
Council, unless pre -authorized to speak, as Council does not want the public to assume that any
individual personal opinion represents that of the entire Council. Councilmember's freedom of
speech is protected by the U.S. and Washington State Constitutions. Provided there is no quorum.,
Councilmembers may work together on City Council -related projects and discuss City business in
non-public meetings. No permission is needed, nor is notice required to be given for such
gathering.
Administrative Branch: The City Manager. and City Staff.
The City Manager is the City's chief executive officer and head of the administrative branch. The City
Manager is an at -will position and reports directly to the Council. The City Manager is directly accountable
to the City Council for the execution of the City Council's policy directives, for the administration and
management of all City departments, and for the supervision of staff. (See Chapter 3(B), page 39 of this
Manual and chapter 35A.13.RCW for a description of the role of the City Manager.)
Although this summary is provided as an overview of the Governance Manual, reading the entire Manual is
strongly encouraged.
Page 6 of 59
CHAPTER 1
Council Meetings
Page 7 of 59
A. General
1. Council Meetin2s - Time and Location
Regular meetings of the City Council shall be held at CenterPlace Regional Event Center, 2426 N.
Discovery Place, Spokane Valley, Washington on Tuesdays beginning at 6:00 p.m. Pursuant to RCW
42.30.070: "If at any time any regular meeting falls on a holiday, such regular meeting shall be held
on the next business day." As noted, in such case, the meeting held on the next business day after a
holiday would also be a regular meeting, as opposed to a special meeting. The Council always has
the option of cancelling such meeting.
2. Council Meetin2s - Open to the Public
All meetings of the City Council and of committees thereof shall be open to the public except as provided for
in RCW 42.30.110 (Executive Sessions), or RCW 42.30.140 (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.13.035]. 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.
B. Meetings
1. Regular Meetings: Formal Format
a. Normally held 2' 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 least 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.
b. Requests for presentations from outside entities or individuals to be placed on a future agenda, will only be
permitted if they are considered the official business of the City. Such requests should be submitted to the City
Clerk at least 10 days prior to the appropriate Council meeting. The City Clerk shall 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 videos, DVD's, PowerPoints, or other electronic
presentations shall be pre-screened and pre -approved by the City Manager 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
10 days prior to the appropriate Council meeting.
c. Forms of Address. The Mayor shall be addressed as "Mayor (surname)." 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.
d. 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."
Page 8 of 59
i. Call to Order by the Presiding Officer
ii. Invocation
iii. Pledge of Allegiance
iv. Roll Call (See Chapter 1, C5b [page 17] for procedure to excuse an absence)
v. Approval of Agenda/Amended 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 a Councilmember, and
suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall
then consider a motion to approve the amended agenda. ("Three -Touch Principle" should be followed
whenever possible.) It is preferable that any motion to amend the agenda be made at the onset of the
meeting in place of `Approval of Agenda,' recognizing that there will emergencies or other situations
when such motion to amend the agenda might need to be made at other times during the meeting.
vi. Introduction of Special Guests and Presentations.
vii. Councilmember 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, task force or
commission, whether as a formal or informal member. Extended reports shall be placed as future
agenda items for presentation or submitted in writing as an informational memo.
viii. Mayor's Report. Same as `vii' above except given by the Mayor.
ix. Proclamation. The Mayor will announce the proclamation, announce who has requested this
proclamation and after the Mayor or Councilmember reads the proclamation, invites that person or
other appropriate person to the podium. The original proclamation will be handed to that appropriate
person by the City Clerk or the Mayor, and the individual will be permitted to speak for one or two
minutes.
x. Public Hearings (See page 26 for procedural details)
xi. Public Comments (See page 15 Meeting Rules and Procedures)
xii. Consent Agenda. Items which may be placed on the Consent Agenda are those which have been
previously discussed by the Council; can be reviewed by a Councilmember without further
explanation; are so routine, technical or nonsubstantive in nature that passage without discussion is
likely; or are otherwise deemed in the best interest of the City. The proper Council motion on the
Consent Agenda is: "I move approval of the Consent Agenda." This motion has the effect of moving
to approve all items on the Consent Agenda. 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, or the matter may be addressed
immediately after passage of the remaining items on the Consent Agenda.
xiii. Unfinished Business. [includes matters that were pending when a previous meeting adjourned, or
matters specifically postponed to the present meeting]
xiv. New Business [Action items are designated as New Business] 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.
xv. Administrative Reports (includes the Advance Agenda) or tracking of an administrative issue or
topic.
xvi. Information Only Items These items are generally not discussed or reported.
xvii Council Comments
xviii. City Manager Comments
xix. Executive Session (as required)
Page 9 of 59
xx. 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. When a motion is made to adjourn
into Executive Session for a specified period of time, and if the executive session is the last item on a
regular agenda, no additional motion is needed to extend the meeting beyond 9:00 p.m. since that is
implied as part of the motion to adjourn into Executive Session. 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 Council meeting, unless the Council by a majority vote of members present determines
otherwise.
2. Regular Meetings: Study Session Format
a. Normally held 1st 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. Action items are normally not included on a study session agenda, although there will be times
when due to deadlines or other pressing or time sensitive issues, action items must be included. 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. If an item is designated as an action item, public comment will be
permitted on that motion/item unless a public hearing on the item was previously held. There shall be one
general public comment at study session for the public to comment on items that relate to the operation of the
City. The City Clerk, under the direction of the City Manager, shall arrange a Council study session agenda
for the meeting. 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 close of business on a Friday
preceding a Tuesday Council meeting. Councilmembers have the option of accessing their Council packet via
the City's website. Unless notified otherwise, the City Clerk shall prepare a hard copy agenda packet for
individual Councilmembers.
b. Action Items. Although action items may be included on a study session agenda, it is the preference 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. As in
the formal format meetings, public comment will be allowed on action items.
c. Unscheduled Motions. Because study sessions are usually understood by the public and media as referring
to meetings at which Council considers and discusses items and does 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.
d. Presiding Officer's Role. The role of the Presiding Officer is to facilitate 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.
e. Outside Request. Outside requests to be included on a Council agenda will only be permitted if they are
considered the official business of the City. Such requests should be submitted to the City Clerk at least 10
days prior to the appropriate Council meeting. The City Clerk shall 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 videos, 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, shall be submitted to the City Clerk at least 10 days prior to
the appropriate Council meeting.
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f. Forms of Address. Councilmembers and staff have the option of addressing each other on a first name basis
during the study session format meetings.
g. Order of Business. The business of all study session 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."
i. Call to Order
ii. Roll Call. The City Clerk shall conduct a roll call of Councilmembers (See page 17 for procedure
to excuse an absence.)
iii. Approval of Agenda/Amended 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 a Councilmember, and
suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall
then consider a motion to approve the amended agenda. ("Three -Touch Principle" should be followed
whenever possible.) It is preferable that a motion to amend the agenda be made at the onset of the
meeting in place of `Approval of Agenda,' recognizing that there will emergencies or other situations
when such motion to amend the agenda could be made at other times during the meeting.
iv. Proclamation (as needed)
v. Public Comments: See Section "C page 15 Meeting Rules and Procedures"
vi. Action items (as needed)
vii. Non -action items
Presenter's Role. During the Council study session, the presenter 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.
viii. Advance Agenda
ix. Information Only Items. These items are generally not discussed or reported.
x. Council Comments: The purpose of this 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 Councilmember, 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.
xi. City Manager Comments: The purpose of this agenda item is to allow the City Manager the
opportunity to brief Council on activities or issues which either just arose, needs immediate or
imminent action, or to simply inform Council of items that transpired since the last Council meeting,
or will occur before the next Council meeting.
xii. Executive Session (as needed)
xiii. Adjourn. 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.
3. Executive Sessions
a. Executive sessions shall be held pursuant to the Open Public Meetings Act chapter 42.30 RCW. 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; when the executive session will be concluded; and the likelihood of Council taking action
at the close of the executive session and return to open session.
i. At the close of the executive session and upon Council's return to the meeting place, the Presiding
Officer will declare Council out of executive session, and ask for the appropriate motion (i.e. an action
motion or a motion to adjourn).
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ii. 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 42.52) and/or the Public
Records Act (RCW 42.56).
b. RCW 42.30.110 explains the purpose for holding an executive session, some of which include:
i. 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).
ii. 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. [The only employee subject to this evaluation is the
position of City Manager.] 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: stating that an executive session's purpose is to discuss a "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)
iii. 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).
iv. 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:
(a) Litigation that has been specifically threatened to which the agency, the governing body,
or a member acting in an official capacity is, or is likely to become, a party;
(b) 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
(c) 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.
c. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a
requirement in RCW 35A.12.160 that the public be made aware of the preliminary 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. [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.
d. Attendance at Executive Sessions. Attendance shall only be in person. Except in extreme circumstances,
there shall be no virtual attendance at an Executive Session. The City Attorney or Deputy City Attorney shall
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attend executive sessions which address litigation or potential litigation. The question of who may attend an
executive session other than the Council, is determined by the City Manager.
4. Special Meetings
a. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.170,
35A.12.110). 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.12.110). The noticing regarding such decision to hold a special meeting (made by the
Mayor or any three Councilmembers), shall be handled by the City Clerk's Office through the City Manager.
b. The notices provided in this section may be dispensed within the circumstances provided by RCW
42.30.080, that is: (a) As to any member who, at or prior to the time the meeting convenes, files with 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.
c. 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.
d. Special meeting agendas may include action and non -action items. 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.
Once the Special Meeting Agenda has been published and distributed, the agenda may be amended provided
the amended agenda is distributed to Councilmembers and to the media, and posted on the City's website and
at the meeting doorway, at least 24 hours in advance of the special meeting. Final disposition shall not be taken
on any other matter at such meeting, which means that the governing body may address other matters not
identified in the special meeting notice or agenda, provided 'final disposition' regarding such matters is not
taken (RCW 42.30.080(3)) Council may not pass a franchise ordinance at a special meeting [RCW
35A.47.040].
e. There have been questions about whether it is necessary to call a special meeting in situations where
Councilmembers are invited to attend a public meeting not called by the City as an official Council meeting,
and whether it is legal for a quorum of Councilmembers to be present without violating the Open Meeting Act.
According to the Washington State Attorney General Opinion 2006, No. 6, the "presence of a quorum of
members of a city or county council does not, of itself, cause the Open Public Meetings Act to apply if
councilmembers attend a public meeting called by a third party. The gathering of councilmembers would be a
`meeting' for purposes of the Act only if the councilmembers take `action' as defined in the Act, such as voting,
deliberating, or other official business of the council."
f. There are times when several Councilmembers desire to attend a meeting of a City Department, such as a
meeting scheduled by the City Engineers to discuss a construction project, or a meeting scheduled through the
Finance Department to hear a report from the State Auditors, or a meeting scheduled by the Parks & Recreation
Department to discuss parks or other City business. Because these meetings can at times present questionable
concern when it comes to the Open Public Meeting Act, Councilmembers who desire to attend such meetings
shall notify the City staff at least two working days prior to the meeting, of their intent to attend, and only the
first three Councilmembers who indicate they will be attending any particular meeting, may attend. This is
necessary in order not to violate, or perceive to violate the Open Public Meetings Act.
g. RCW 42.30.070 states in part: "It shall not be a violation of the requirements of this chapter for a majority
of the members of a governing body to travel together or gather for purposes other than a regular or special
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meeting provided that they take no action as defined in this chapter." [MRSC Research News — Summer, 2016]
A quorum of Councilmembers traveling together for a scheduled tour would not be in violation of the Open
Public Meetings Act provided they do not discuss City business. However, comments and discussion as a result
of the tour, shall be done at a regular Council meeting and not during the tour or outside of a regular or special
Council meeting.
5. Emergency Meetings: Emergency Council meetings may be called by the Mayor or any two
Councilmembers, consistent with the provisions of chapter 42.30 RCW. Meeting time, location and notice
requirements do not apply to emergency meetings called for emergency matters as permitted by RCW
42.30.070, 42.30.080, and 42.14.075:
"If, by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by a
governing body to meet the emergency, the presiding officer of the governing body may provide for a
meeting site other than the regular meeting site and the notice requirement of this chapter shall be
suspended during such emergency." [RCW 42.30.070]
"The notices provided in this section may be dispensed with 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." [RCW 42.30.080(4)]
"Whenever, due to a natural disaster, an attack or an attack is imminent, it becomes imprudent,
inexpedient or impossible to conduct the affairs of a political subdivision at a regular or usual place or
places, the governing body of the political subdivision may meet at any place within or without the
territorial limits of the political subdivision on the call of the presiding official or any two members of
the governing body. After any emergency relocation, the affairs of political subdivisions shall be
lawfully conducted at such emergency temporary location or locations for the duration of the
emergency." [RCW 42.14.075]
6. Pre-Agenda/Advance Agenda Meetings:
The City Manager, City Clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to review 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. (see also page 44, Agenda Committee under Chapter 4 internal committees)
7. Cancellation of Meetings:
State law does not require any specific procedure for canceling an upcoming meeting, however, notice of the
cancellation to the public, Councilmembers, and staff should be given by the Clerk in a similar manner that
notice is given for a special meeting. The decision to cancel a meeting will be made by the City Manager in
consultation with the Mayor and/or Agenda Committee and time permitting, will be noted on the Advance
Agenda. The noticing of such decision will be handled by the City Clerk through the City Manager. Upon
cancellation of a formal meeting, either the study session immediately before such meeting or the study session
immediately after such meeting, shall include an opportunity for general public comment.
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C. Meeting Rules and Procedures
1. Public Comments
This is an opportunity for public comments regarding issues relating to the operation of the City, but which are
not otherwise on the agenda for action. If the Presiding Officer is unclear whether comments relate to the
operation of the City, the Presiding Officer shall ask how the comments are pertinent for consideration by the
Council as business of the City. Speakers may sign in to speak, but it is not required. Under the general public
comment opportunity, each speaker may only make comments once and comments are limited to three minute
unless modified by the Presiding Officer. Members of the public shall be prohibited from allocating any of
their own speaking time to other members of the public. This time is an opportunity to hear from various
members of the public in a limited public forum on issues relating to City business, and not an opportunity for
extended comments or dialogue. Although the City Council desires to allow the opportunity for public
comment, the business of the City must proceed in an orderly, timely manner. Council meetings are considered
a `limited public forum' which means the time, place and manner of speech can be regulated. 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. The desired total time for public comments shall
not exceed 45 minutes; however, that time limit may change at the Mayor's discretion. The Council states that
it is not the business of the City to have discussion about any past, current, or future possible/probable election
or campaign -related issues during Council meetings. The only exception to this prohibition on discussion of
election or campaign -related topics would be if the Council requests that Spokane County place a ballot item
on for election. (See page 35, Chapter 2, F Ballot Measures.)
a. Verbal Comments:
i. 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. An exception to this prohibition shall be allowed when public
comment is only permitted via remote access due to emergency. The public shall be reminded that this is
not an opportunity for dialogue or questions and answers, but public comment. When appropriate, staff
shall research issues and report back to those making the comment as well as to Council. Public comments
are opportunities for speakers to briefly address the entire Council, and those speaking are to address
members of Council and not the audience. Speakers should refrain from personal attacks on individual
Councilmembers. In order to prevent disruption of the Council meeting, members of the public are asked
to refrain from distributing materials to the audience, since Council meetings are not a public forum to
address the audience. Since this is an opportunity for public comment relating to City business, 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 are not
permitted to be displayed or distributed at the place of the meeting, although written comments and written
materials including photographs and petitions may be submitted to Council via the City Clerk.
ii. Demonstration, applause or other audience participation before, during or at the conclusion of anyone's
public comments is prohibited because it is disruptive. Any disruptive conduct, as determined by the
Presiding Officer, shall be cause for removal from the meeting room. Any ruling by the Presiding Officer
relative to these subsections on public comments may be overruled by a vote of a majority of
Councilmembers present.
iii. 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 page 26 for procedure for taking public comment on legislative
matters.)
iv. Disruptive public conduct:
a. Conduct in any form that interferes with Council's ability to timely conduct the business of the City
will not be allowed. If a situation arises where a speaker exceeds the three minutes (unless permitted to
continue by the Presiding Officer), is speaking on matters other than City business, or is otherwise
disruptive in a manner that interferes with the ability of the Council to conduct the business of the City,
the City Clerk, with permission of the Mayor, will turn off the microphone, and the Mayor will ask the
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speaker to please stop talking and step away from the podium. In the case of remote meetings, the
speaker will be muted.
b. If the speaker continues after the first request, the Mayor will ask the speaker once again to stop
talking, and will warn the speaker that failure to stop will result in a suspension of their privilege to
speak at public comment for 90 days. If the speaker continues, the Mayor will gavel in a five-minute
recess.
c. Upon return from recess, public comment will start again with a caution from the Mayor that if any
other speaker refuses to stop talking after being asked to do so after the three minutes or is otherwise
disruptive, the remainder of the public comment for the night will be terminated.
d. If necessary in the discretion of the Presiding Officer, and in an attempt to reasonably calm a situation
or resolve a conflict, the City Attorney or Deputy City Attorney shall act as a staff liaison with a member
of the public who refuses to stop talking and refuses to move away from the podium.
b. Written 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 Mayor asks the Clerk
to read written mailed or e-mailed comments, or the citizen reads their own prepared written comments, such
comments shall not be read aloud during regular or special Council meetings although they shall 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 shall 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, shall be
forwarded to Council via e-mail, unless such e-mail has already been supplied to members of Council. 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.
c. Electronic Comments:
Councilmembers shall 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 to the entire Council at once. (See also page 18, C9 Internet Use)
2. Council Rules of Order
The City Clerk shall serve as the official parliamentarian for all Council meetings, and shall keep a copy of the
most current "Robert's Rules of Order" (RONR) at meeting locations during Council meetings.
3. 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 doors of the place where the meeting is held
pursuant to RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered
regular meetings for all purposes. (RCW 35A.13.170, 35A.12.120)
4. Seating Arrangement
Councilmembers shall occupy the respective seat in the meeting place assigned to them by the Mayor.
5. Attendance
a. Unexcused Absences: A Councilmember's responsibility to attend Council meetings should not be taken
lightly, nor should a decision to remove a Councilmember for missing meetings. Pursuant to 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." As soon as possible after two consecutive unexcused
absences, and prior to a third consecutive unexcused absence, the absent Councilmember must request a leave
of absence if they desire to remain on the Council. At a third consecutive meeting where a Councilmember is
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not excused and there has been no request for a leave of absence, the absent Councilmember's office shall be
forfeited effective immediately.
b. Excused Absences: Members of Council may be excused from meetings with prior notification to the Mayor,
City Clerk, or City Manager prior to the meeting, and by stating the reason for the inability to attend.
Acceptable absences may include death of a family member, family or personal illness, inclement weather,
accident, scheduled vacations, family or personal emergency, City related business, or unusual or unforeseen
circumstances. Following or prior to 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. The 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 shall make an appropriate notation in the minutes.
c. Leave of Absence: A Councilmember whose serious health or physical condition would prevent them from
performing the duties of Councilmember may ask to be placed on a leave of absence under the following
conditions:
i. Such serious health or physical condition must be certified in writing by a medical physician.
ii. The request for a leave of absence shall be in writing, and hand -delivered or mailed to the Mayor,
City Clerk, or City Manager at least one week prior to the date when such leave would commence.
iii. The request for a leave of absence must state the anticipated date the Councilmember will resume
their duties.
iv. By majority vote of the whole Council, a leave of absence shall be granted as follows:
a. The absence shall not exceed 90 days from the date the motion is passed by Council
b. The absent Councilmember shall retain pay and medical benefits during the leave of absence
c. At the end of the 90-day leave of absence, the absent Councilmember shall either:
i. Return to normal Council duties commencing with the first Tuesday following the end
of the 90-day leave; or
ii. be subject to RCW 35A.12.060 concerning three consecutive absences, beginning
with the first Tuesday following the end of the 90-day leave.
d. A leave of absence may only be granted twice during a Councilmember's four-year term, with no less than
six months between each request. Upon approval of a leave of absence, the absent Councilmember shall not
be replaced with a pro-tem Councilmember during the absence.
6. 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 Councilmember making disruptive, disparaging or impertinent
remarks, or unreasonably disturbing the business of the Council shall be asked to cease such disruption. Any
other person attending a Council meeting who disrupts the meeting in such a fashion that the Council is
impaired in its ability to attend to the business of the City, 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. If the person making the remark is a Councilmember, the
Presiding Officer may ask the Councilmember to cease. If the person making the remark is a member of the
public, the Presiding Officer shall determine if the remark is actually disruptive, and whether the remark has
impaired the ability of the Council to attend to the business of the City. If so, the Presiding Officer shall seek
the removal of that person from the meeting. Continued disruptions may result in a recess or adjournment as
set forth in #10 below.
7. 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 in the minutes.
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8. Remote Participation
a. Remote Council Meetings: In the event of unusual circumstances such as a pandemic or other health or
safety emergency where Council meetings would need to be held in such a manner as to protect the health,
safety and welfare of Council, staff and citizens, participation in such meetings shall be done remotely provided
an option is available for the public to attend through internet or other electronic means. Council, staff and the
public must be able to see and hear the meeting proceedings. At least a quorum of councilmembers must be
able to participate.
b. Remote Broadcast: All City Council meetings shall be broadcast live using an online remote meeting
platform, such as Zoom, Microsoft Teams, or another similar platform, to allow citizens to attend the meetings
remotely. Public comment will be accepted from remote attendees at the appropriate portion(s) of the meeting
as defined per the agenda.
c. Councilmembers may appear at a Council meeting by remote connection: Any Councilmember intending to
attend a meeting remotely should notify the Mayor and City Clerk in advance of the meeting, such request
shall be for reasons where the Councilmember cannot physically attend the meeting, and should be made only
when necessary. Councilmembers' cameras should remain on for the duration of the remote meeting. If a
technical problem prevents such participation where the remote Councilmember cannot hear or be heard, the
Councilmember shall be counted as an excused absence and the technical difficulty shall be stated for the
record. During any meeting that a Councilmember is attending remotely, the Mayor or presiding officer shall
so state for the record at the beginning of such meeting. In instances where the Mayor is remotely attending a
meeting, the Mayor may still function as the Presiding Officer. More then one member of Council may attend
a meeting remotely, provided all together in person and remotely, there is a quorum of Councilmembers
attending.
9. Internet Use
a. 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.
b. As noted on page 16, Councilmembers shall avoid accessing any electronic message during Council
meetings whether by e-mail, text, or other means,. 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 shall avoid browsing the Internet during Council meetings in order that Council's
full attention can be given to the topic at hand.
c. 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 is prohibited unless it has
been determined by the City Attorney, Washington State Attorney General, or Washington Public Disclosure
Commission, that such use is not a violation of RCW 42.17A.555 or is otherwise authorized by law.
d. Confidential material shall not be sent via e-mail or text.
e. All letters, memoranda, and interactive computer communication (e-mail, text, tweet, etc.) 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 the member of the public or news media filing a public record request with
the City Clerk. With this in mind, texting and tweeting concerning City business is strongly discouraged.
f. 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
Page 18 of 59
Council discussion should wait until everyone has had ample opportunity to view the message before including
such topic(s) on an upcoming agenda.
10. 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 or retain 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 and if necessary, leave the building. The Presiding Officer may reconvene the meeting when it has been
determined by the appropriate safety officials that it is safe to do so.
11. 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.
12. Approaching the Dais by Members of the Public
Once a Council meeting has been called to order, members of the public are prohibited from stepping between
the speaker's podium and the dais, or stepping behind any part of the dais or stepping behind those sections
adjacent to the dais. If citizens wish Council to receive materials, those materials should be handed to the City
Clerk prior to the meeting or during the public comment section of the agenda, and the Clerk will distribute
the materials to members of Council. Council reserves the right to invite anyone forward to the podium to be
addressed by Council.
13. 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 "General Public Comment Opportunity," such person may request permission
to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on whether
to allow the out of order request. Alternatively, the member of the public could also discuss their request with
the Mayor prior to or after the meeting.
14. Photographs, Motion Pictures or Videos Requiring Artificial Illumination — Prior Permission
Required
No overhead projection, photographs, motion pictures, or videos shall be used by the public at City Council
meetings without the prior consent of the Presiding Officer or the City Manager.
15. Placing Items on a Future Agenda:
a. New Item Council Business: During the Advance Agenda portion of a council agenda, a Councilmember
may request to have items placed on a future agenda. Each request shall be treated separately. The City
Manager is most familiar with staff's workload and shall determine when the item can be prepared and brought
forward to Council, unless the Council wants to discuss the item prior to staffs involvement. The following
process shall be used to propose an item for a future Council meeting:
i. A Councilmember may propose an item and give a brief explanation of the issue and its importance
to the City.
ii. Councilmembers may ask clarifying questions.
iii. By a show of hands, a consensus of four or more Councilmembers may move the item forward to
a future agenda.
b. Except for routine items such as those found on most Consent Agendas, requests for items to come before
Council shall be routed through the City Manager or come directly from the City Manager as part of the normal
course of business.
16. Motions and Discussion
a. Order of Procedure:
i. Member of Council makes a motion by stating: "I move .. ." After the motion is seconded, staff
makes their presentation, then the Mayor will ask Council if there are any questions of staff. Once all
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questions have been addressed, the staff member shall step away from the podium to allow for any
public comment.
ii. The Mayor will invite public comments. Public comments should be limited to one comment per
person per topic and limited to three minutes. The Mayor can remind the public this is time for
comments and not discussion; and if the public has questions, those questions shall be addressed by
staff at another time outside the meeting.
iii. The Mayor will open 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.
iv. When discussion has ended, the Mayor will re -state the motion or ask the Clerk to re -state the
motion. Once the motion is re -stated, the Mayor will call for the vote, which is normally taken by
voice. The Mayor or the Clerk will then state whether the motion passed or failed.
b. In General:
i. 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.
ii. Unless otherwise stated by the presiding officer, agenda items requiring Council action shall begin
with a motion by a Councilmember prior to discussion. If a motion fails, the agenda item shall be
considered concluded. However, said item could be reconsidered if done during the same meeting, or
through Council majority vote it could be brought back at a later meeting to "rescind an action," or to
"amend something previously adopted." (Mayoral appointments excepted. See Chapter 4, page 41 for
further discussion on Committees.)
iii. Councilmembers should direct questions to the City Manager or the designated presenter.
iv. 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.
v. The maker of a motion can withdraw their motion with the approval of the majority of
Councilmembers (see notes below table below). The person making the motion is entitled to speak
first to the motion. A maker of the motion may vote against the motion but cannot speak against their
own motion.
vi. No Councilmember should be permitted to speak twice to the same issue until all Councilmembers
wishing to speak have spoken. All remarks shall be directed to the Presiding Officer and shall 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.
vii. 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.
viii. Motions should be reserved for items marked on the agenda for action, so as to avoid any surprises
for Council, staff and the public.
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Parliamentary Procedure at a Glance
Roberts
Rules of
Order §
IF YOU
WANT TO
YOU SAY
INTERRUPT
NEED
2ND
Can be
Debated
Can be
Amended
VOTE
11
Postpone
indefinitely (the
purpose is to
prevent action
or kill an issue.)
I move to postpone ...
. (an affirmative vote
can be reconsidered; a
negative vote cannot.)
indefinitely
No
Yes
Yes
No
Majority
12
Modify wording
of motion
I move to amend the
motion by .. .
No
Yes
Yes
Yes**
Majority
14
Postpone to a
certain time
Ex: I move to 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
motion
I move to lay on the
table, the motion to
No
Yes
No
No
Majority
19
Complain about
noise, room
temperatures etc
Point of Privilege
Yes
Yes
Yes
Yes
Chair
decision
20
Take break
I move to recess for ..
No
Yes
No
Yes
Majority
21
Adjourn
meeting
I move to adjourn
No
Yes
No
No
Majority
23
Object to
procedure or
personal affront
Point of Order
Yes
No
No
No
Chair
decision
25
Suspend rules
I move to suspend the
rules and .. .
No
Yes
No
No
Majority*
34
Take matter
from table
I move to take from
the table the motion to
No
Yes
No
No
Majority
35
Reconsider
something
already
disposed of
I move we reconsider
action on .. .
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, however, withdrawal of a motion should be done with the
approval of a majority of Councilmembers present [Mayor, I request permission to withdraw my motion. The Mayor
asks if there is any objection, and if none, the motion is withdrawn. If there is objection, the Mayor will call for a vote.]
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, 10 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.
* * *Call for the Question: if it is felt that debate on a motion on the floor has continued longer than warranted, a member of
Council may "call the question." The "call for the question" is a motion to end debate and vote immediately. If this "call
for the question" motion is passed by a majority vote, then the vote must be taken on the original debated motion on the
floor.
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17. Voting The votes during all meetings of the Council shall be transacted as follows:
a. The Presiding Officer shall first call for a vote from those in favor of the motion, followed by a call for those
opposed to the motion, and afterwards shall state whether the motion passed or failed. Unless otherwise
provided by statute, ordinance, or resolution, all votes shall be taken by voice or a show of hands. At the request
of any Councilmember or the City Clerk, a roll call vote shall be taken by the City Clerk. The order of the roll
call vote shall be determined by the City Clerk.
b. Unless otherwise provided by statute, ordinance, or resolution, in case of a tie vote on a motion, the motion
shall be considered lost.
c. Every member who was present when the question was called, shall give his/her vote. If any Councilmember
refuses to vote "aye" or "nay," their vote shall be counted as a "nay" vote unless the Councilmember has
recused themself due to actual or perceived appearance of a conflict of interest, which shall be so stated prior
to the vote at hand. Abstentions are not permitted as abstentions are equivalent to not voting, and the members
of the public expect their elected officials to vote on issues.
d. The passage of any ordinance, grant or revocation of franchise or license, and 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 (RCW 35A.12.120). Except as
provided in "e" below, all other motions or resolutions shall require an affirmative vote of at least a majority
of the quorum present.
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; and provisions for
a lesser emergency, such as a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at
least a majority plus one of the whole membership of the Council. (RCW 35A.13.190).
18. Recusal From Discussion and Consideration.
a. Situations may arise when a Councilmember should consider whether to recuse themselves from the
consideration and decision -making on a particular item. These situations can arise in various ways, including
having an interest in a contract being considered by the City, or when a Councilmember has a bias in some
fashion regarding an issue before the Council. For additional discussion and explanation, please see page 49
Appendix C — Spokane Valley Councilmembers' Statement of Ethics. The overarching goal of the conflict of
interest laws is to prevent municipal officers from engaging in self -dealing. Seattle v. State, 100 Wn.2d 232,
246 (1983). [Self -dealing is defined as a situation in which a fiduciary acts in his own best interest in a
transaction rather than in the best interest of his clients. A fiduciary is legally obligated to act in the best interest
of his clients. A fiduciary is a person to whom property or power is entrusted for the benefit of another.]
b. Prohibited acts. There are some conflicts which cannot be waived, and some actions in which
Councilmembers shall not engage. RCW 42.23.070 prohibits municipal officers from:
i. Using "his or her position to secure special privileges or exemptions for himself, herself, or others."
ii. Directly or indirectly giving or receiving or agreeing to receive "any compensation, gift, reward,
or gratuity from a source except the employing municipality, for a matter connected with or related to
the officer's services as such an officer unless otherwise provided for by law."
iii. Accepting employment or engaging in business or professional activity that "the officer might
reasonably expect would require or induce him or her by reason of his or her official position to
disclose confidential information acquired by reason of his or her official position."
iv. Disclosing confidential information "gained by reason of the officer's position, nor may the officer
otherwise use such information for his or her personal gain or benefit."
c. Conflict of interest contracts. In contractual matters, Councilmembers are required to avoid directly
benefitting from contracts entered into by the City. When a Councilmember is aware that they may benefit
from such a contractual relationship, they are required to recuse themselves. Other situations may arise where
a Councilmember may indirectly benefit. In these circumstances, the determination of whether a conflict of
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interest exists such that they should recuse themselves will have to be made by that Councilmember based on
facts and circumstances known at the time.
d. Bias for or against a proposed action. There will be situations for each Councilmember where, based upon
their current or prior work or personal relationships, that Councilmember may not be able to participate in a
discussion and decision on a given issue because they likely can't be objective. In such an event, the
Councilmember must give due consideration to their potential to be predisposed, and whether they believe
they can objectively consider and decide on the issue. If the answer is yes, then the Councilmember may
proceed. If this self-analysis is difficult as to whether the Councilmember can be objective, but the
determination is that they can, the Councilmember should strongly consider disclosing the nature of the
potential bias to the Council, and then announce whether they believe they can or cannot proceed. If the
Councilmember does not believe they can be reasonably objective, they should recuse themselves from the
discussion and consideration. The purpose for recusal under such circumstances is that the Council wants the
public to have the utmost confidence that decisions are made objectively, and that all citizens and businesses
will be treated equally and fairly.
e. Process and Disclosure: When a Councilmember determines recusal is appropriate, or when it is required
by law, the Councilmember shall announce that they need to recuse themselves, explain the factual
circumstances, then step off the dais and out of the meeting place. A staff member will retrieve the
Councilmember once that issue is finished being discussed. The determination of whether to recuse oneself
from an issue, and then formally recusing, shall occur before any discussion has taken place on that issue to
ensure that Councilmember does not participate in the matter in any fashion.
f. The following is an example of appropriate language where recusal is warranted:
Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any
discussion and decision on this matter. I have known the owners of * business for * years, am friends with
them, and believe it would be most appropriate for me not to participate in this matter. As such, I will
recuse myself and step out of the room. OR
g-
Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any
discussion and decision on this matter. I own a business that competes directly with the business at issue,
and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse
myself and step out of the room.
The following is an example of appropriate language where the Councilmember determines that he/she
does not need to recuse themselves from the matter: Following careful analysis and consideration, I think
it is appropriate for me to participate in the discussion and decision on this matter. Although I am
somewhat familiar with this matter from my prior association with *, I believe I can be objective and
unbiased. As such, I will not recuse myself, and will participate with the rest of the Council in the
discussion and decision.
19. Ordinances
a. Except for unusual circumstances or emergencies, ordinances and resolutions shall customarily be prepared,
introduced and proceed in normal fashion with an administrative report, then first and second reading in
accordance with the "Three Touch Principle." Prior to final passage of all ordinances or resolutions, such
documents shall be designated as drafts.
b. A Councilmember may, in open session, request the City Manager bring forth an ordinance for a specific
purpose.
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.
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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 a first reading.
f. 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.
g. Council may not pass a franchise ordinance at a special meeting [RCW 35A.47.040].
h The passage of any ordinance, grant or revocation of franchise or license shall require the affirmative vote
of at least a majority of the whole membership of the Council. [RCW 35A.13.170]
i. The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures
for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as
a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at least a majority plus one of
the whole membership of the Council. (RCW 35A.13.190).
j. Occasionally, an ordinance will be on an agenda the same night as a public hearing on the same topic, such
as a public hearing on a budget, amended budget, proposed tax, or moratorium, and an ordinance approving
that item. When that occurs, after the public hearing has been closed and Council moves to the ordinance action
item, public comment shall not be taken on the ordinance since it was just taken as part of the public hearing
process. Public comment will also not be taken during the ordinance's second reading at a subsequent Council
meeting. This procedure will also be used if a public hearing on a specific issue is held before the Planning
Commission; so that when the resulting ordinance comes before Council, public comment will not be taken on
either the first or the second reading.
20. Resolutions
a. 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 ask the City Clerk to read the resolution title in order to facilitate public
understanding and/or comment. 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.
b. The passage of 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.
c. Occasionally, a resolution will be on an agenda the same night as a public hearing on the same topic, such
as a public hearing on an amended Transportation Improvement Program, and a Resolution approving that
amendment. When that occurs, after the public hearing has been closed and Council moves to the resolution
action item, public comment shall not be taken on the resolution since it was just taken as part of the public
hearing process. This procedure will also be used if a public hearing on a specific issue is held before the
Planning Commission, which would result in a resolution for Council consideration.
21. Community Recognition Program:
a. In an effort to acknowledge outstanding citizens, businesses and organizations who have made a significant
contribution, or have had or continue to have, a positive impact on the citizens of our community, the Council
has implemented a Community Recognition Program.
Page 24 of 59
b. Eligibility: Must be a citizen/resident or an owner/operator of a business within Spokane Valley City limits.
City of Spokane Valley elected officials, staff members and their relatives are not eligible for nomination,
however, they may submit nominations. There is no limit to the number of nominations one may submit.
c. Selection: will be made by the Mayor with confirmation by the Council. If selected, recognition will take
place at a City Council meeting and depending upon the nature of the nomination, the honoree will be presented
with a proclamation, certificate of appreciation, and/or a key to the City.
d. Process: Nominations shall be submitted on a Community Recognition Form, addressed to the City Clerk,
and may be made at any time.
e. Selection of these recipient(s) will typically be held during a formal format Council meeting, under the
Agenda Item of Introduction of Special Guests and Presentations.
22. Proclamations:
a. Ceremonial proclamations not associated with the Community Recognition Program.
i. These proclamations are not statements of policy but are a means by which the City can recognize
an event, group or individual. As part of the ceremonial duties of the Mayor, the Mayor is charged
with approval of proclamations at his/her discretion; and reserves the right to decline any proclamation
request as well as the right to make exceptions to these guidelines and procedures. Individual
Councilmembers will not issue proclamations, and requests for a proclamation should be directed to
the Mayor or the City Clerk.
ii. Proclamations will be considered for approval which will proclaim certain events or causes when
such proclamation positively impacts the community and conveys an affirmative message to Spokane
Valley residents. Proclamations will not be considered which are potentially controversial, political or
religious in nature unless approved by the majority of Councilmembers.
iii. Proclamations can be issued at the discretion of the Mayor, and may be for organizations,
individuals, or businesses within or outside Spokane Valley's jurisdiction.
b. Procedure for proclamations to be read at a Council Meeting:
i. The person making the request need not be a Spokane Valley resident
ii. Requests should be made at least four weeks in advance of the scheduled Council meeting
iii. The person asking for the proclamation should agree to be in attendance or have someone attend in
their stead
iv. The City Clerk will inform the requestor whether the proclamation request is approved
v. The person making the request shall draft the proclamation and send it to the City Clerk once
approval is given
vi. The City retains the right to modify and/or edit the proposed proclamation as it sees fit
vii. It is the Council's preference to have proclamations read at formal meetings, which are generally
held the dnd and 4th Tuesdays; however, proclamations may be read at Study Sessions due to scheduling
conflicts.
c. For those instances where proclamations are requested for events other than to be read at an open Council
meeting, the same procedure as above shall be followed, but instead of having someone at a Council meeting
to officially receive the proclamation, the City Clerk will mail the proclamation to the requestor, or it can be
hand -carried by the Councilmember attending the event to read the proclamation.
d. Reading of these proclamations will typically take place at a formal format Council meeting, immediately
after the Mayor's report, or could take place as the first agenda item on a Study Session.
23. Taxes: Increasing or Imposing New Taxes The Council strongly believes in fiscal restraint, and that
increasing the tax burden on its property owners and citizens by increasing or imposing new taxes should be
avoided except as a last resort. In addition to complying with all applicable statutory requirements, increasing
or imposing new taxes should only be done as follows:
Page 25 of 59
a. As requested by the City Council, the City Manager in consultation with the Finance Director, shall notify
the City Clerk of Council's desire for a proposed ordinance, and ask the City Attorney to prepare a draft
ordinance.
b. Within 14 days following notice to the City Clerk, the City Clerk shall publish a notice of public hearing
once a week for two consecutive weeks in the official newspaper of the City, stating
i. the date, time and place of Council's public hearing
ii. the purpose of the hearing: that a tax increase or new tax has been proposed
iii. that a copy of the proposed draft ordinance shall be furnished to any City taxpayer who requests it;
and
iv. that any City taxpayer may appear and provide verbal or written comment for or against the
proposed draft ordinance.
c. Preceding such public hearing, staff will provide an administrative report to Council describing the financial
deficit and need for the increased or new tax; and if Council concurs and after the public hearing, the proposed
draft ordinance shall proceed as follows:
i. Proceed with a first reading of the proposed draft ordinance (same or different meeting as the public
hearing)
ii. Second reading of the proposed draft ordinance at a subsequent meeting.
d. Approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the
whole Council.
24. Hearings: [note: See Appendix A, page 46 for quasi-judicial hearings]
a. Purpose
i. Held to obtain public input on legislative decisions on matters of policy
ii. Are required by state law in such matters as comprehensive plan use plans, or annual budget
iii. Do not involve legal rights of specific private parties in a contested setting
iv. Affect a wide range of citizens or perhaps the entire jurisdiction
v. Decisions reached as a result of these hearings are not second-guessed by the courts, and if
challenged, are reviewed only to determine if they are constitutional or violate state law
b. Process
i. 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 desire. Individual comments shall be limited to a specific amount of time as
determined by the Presiding Officer , 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:
a. 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.
Speakers may be asked to spell their last name because an official recorded transcript of the public
hearing is being made.
b. No comments shall be made from any other location, and anyone making "out of order"
comments shall be subject to removal from the meeting.
c. Unless otherwise determined by the Presiding Officer, all public comments shall be limited to
three minutes per speaker and members of the public are not permitted to give any of their own
speaking time to other members of the public. This time is an opportunity to hear from various
members of the public in a limited public forum, and not an opportunity for extended comments
or dialogue.
d. At the discretion of the Presiding Officer, members of the public shall only speak once per issue.
Page 26 of 59
e There shall 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.
f. Unless read and/or handed in by the individual speaker during the public hearing, previously
received written public comments shall 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 who
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.
g. 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.
ii. The Presiding Officer declares that the public hearing on the topic at hand is open, notes the time
for such opening, and asks staff to make their presentation.
iii. After staff presentations, the Presiding Officer calls for public comments.
iv. 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 shall be recalled to the podium.
v. The Presiding Officer declares the public hearing closed and notes the time for such closing.
25. Reconsideration
a. The purpose of reconsidering a vote is to permit change or correction of an erroneous action, or to take into
account added information or a changed situation that has developed since the taking of the vote. 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:
i. any action previously reconsidered;
ii. motions to adjourn or motions to suspend the rules;
iii. an affirmative vote to lay an item on, or take an item from, the table;
iv. previously passed motion to suspend the rules; or
v. a vote electing to office one who is present and does not decline.
b. Such motion for reconsideration:
i. shall be reconsidered during the same Council meeting;
ii. shall be called up when no business is pending (no action is pending);
iii. if action is pending, the Mayor asks the Clerk to note that the motion to reconsider has been made
and shall be taken up when a member calls the motion to reconsider the vote when no other business
(action ) is pending;
iv. shall be made by a member who voted on the prevailing side on the original motion. This means a
reconsideration can be moved only by one who voted aye if the motion involved was adopted, or no if
the motion was lost. It is permissible for a Councilmember who cannot make such a motion, but
believes there are valid reasons for one, to try to persuade someone who voted on the prevailing side,
to make such a motion.
v. a member who makes this motion should state that he or she voted on the prevailing side;
vi. needs a second, and can be seconded by any member;
vii. is debatable if the type of motion it reconsiders is debatable; and
viii. is not amendable and requires a majority vote to adopt.
c. Step 1: A member of Council who voted on the prevailing side makes the motion, such as "I move to
reconsider the vote on the resolution relating to holidays. I voted for [or against] the resolution." This motion
needs a second, which can be seconded by any Councilmember.
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d. Step 2: If the motion for reconsideration is adopted, the original motion is then 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.
e. 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.
26. Council Materials
a. Council Material: Councilmembers 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. A good opportunity
to do this is at the Advance Agenda meeting. Council recognizes there are times when Councilmembers 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 they would like the materials considered for a future meeting, since except in an emergency,
Councilmembers 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."
b. Council Packets: Councilmembers shall personally pick up their agenda packets from their City 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 shall 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 form.
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 (such 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.
27. "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 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"
would be impractical. However, when unusual circumstances arise which justify a "first discussion" decision,
the persons requesting the expedited decision should also explain the timing circumstances. This principle
excludes staff reports and other general communications not requiring a Council decision.
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CHAPTER 2
Legislative Process
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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.13.030) There are no term limits for the office of Mayor or
Deputy Mayor.
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 vote 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, Councilmembers 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 Mayor if that person is still a member of Council,
or if the previous Mayor is no longer a Councilmember, then by the 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 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 shall 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 shall be broken based on the flip of a coin. The City Manager shall flip the coin. If there are
more than two Councilmembers tying with the most votes, that tie shall be determined by another means of
chance to narrow the Councilmembers down to two, at which time the outcome shall be determined by written
ballot.
B. Filling Council Vacancies
1. General Process: (Note that public comment shall not be taken during this entire process.) If a vacancy
occurs on the City Council, the Council shall follow the procedures outlined in RCW 35A.13.020 and Council's
adopted procedure in compliance with RCW 35A.13.020, as well as RCW 42.12.070. The timeline will vary
depending on when the process begins. Pursuant to RCW 35A.13.020, City Council has 90 days from 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. In order to be qualified to run for Spokane Valley City Council, or hold such position, a
person must be [RCW 42.04.020] a citizen of the United States, 18 years of age or older, a resident of the City
of Spokane Valley for a year or more preceding his or her election, a registered voter in the City of Spokane
Valley at the time of filing the declaration of candidacy and at the time of filing the declaration of candidacy
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if the candidate had ever been convicted of a felony, they must no longer be under the authority of the
Department of Corrections, or currently incarcerated for a felony.
Pursuant to RCW 42.12, remaining members of Council shall appoint a qualified person to fill the vacancy as
an interim position who will serve from the date of appointment until the person elected in the November odd -
numbered year general election takes office, which is the date the election results are certified, normally around
the 26th of November. (See also 35A.12.040) Immediately upon the election being certified, that just -elected
person will take the oath of office, take their position as a member of Council, and complete the remainder of
the unexpired term.
a. Procedure for Filling a Council Vacancy, Timeline/Procedure-Publication: The City Clerk shall
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 (see Appendix E page 53 for
application). Qualifications to sit as a Councilmember are set forth in RCW 35A.13.020, which refers to RCW
35A.12.030: (1) must be a registered voter of the city at the time of filing his or her declaration of candidacy;
(2) has been a resident of the city for a period of at least one year next preceding his or her election. Additional
qualifications include those stated above under #1 General Process, and that Councilmembers shall not hold
any other office or employment within the Spokane Valley City government [RCW 35A.12.030]. In order to
avoid any real or perceived conflict of interest, no member of Council's immediate family may be currently
employed by the City of Spokane Valley since employment is considered a contractual matter, and a
councilmember would have a prohibited interest in a contract between a family member who is an employee
of the city, and the city. (See Appendix G page 58 Definitions for description of immediate family.) If possible,
the vacancy announcement shall be published for three consecutive weeks.
b. The City Clerk shall establish the deadline to receive applications, for example, no later than 4:00
p.m. on a certain date.
c. RCW 42.30.110(1)(h), set a special meeting with an executive session beginning at 5:00 p.m.
Council shall meet and adjourn to executive session to review and discuss all of the applications. After the
review and discussion, Council shall return to meeting place and the Special Meeting shall be adjourned.
d. Hold a regular 6:00 p.m. meeting, same evening as above special meeting. Pursuant to RCW
42.30.110(1)(h), Council shall meet in open session and part of this agenda shall include selection of applicants
to interview. Selection shall be by nomination and second. A vote shall be taken and candidates receiving a
majority vote of those councilmembers present, shall be interviewed. Immediately after this Council meeting
or as soon as practicable, the Clerk shall send a list of potential questions to all those to be interviewed.
e. Schedule the conducting of the interviews for an upcoming Council meeting. Pursuant to RCW
42.30.110(1)(h), the interviews shall be conducted during an open Council meeting. Each interview shall be a
maximum of 30 minutes.
f. Schedule a special 5:00 p.m. meeting with an executive session. Pursuant to RCW 42.30.110(1)(h),
Council shall meet and adjourn to executive session (closed session) to discuss applicants. After the discussion,
the Special Meeting shall be adjourned as usual.
g. Hold a regular 6:00 p.m. meeting, same evening as "f' above special meeting. Pursuant to RCW
42.30.110(1)(h), Council shall 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 shall be sworn in by the City Clerk,
and take their seat at the dais.
2. Nomination Options for Conducting Interviews:
a. After holding an executive session to review applications, during a subsequent open session, any
Councilmember may
i. nominate an applicant to be interviewed
ii. the nomination must be seconded
iii. Councilmembers may make more than one nomination, but only one at a time
iv. the Mayor shall ask if there are further nominations
v. if no further nominations, the Mayor shall close the nominations
vi. votes shall be taken on each applicant in the order of nomination
vii. votes shall be by raised hand
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viii. applicants receiving a majority of votes of those Councilmembers present, shall be interviewed
ix. once all voting has taken place, the City Clerk shall summarize which applicants shall be
interviewed based on the voting outcome. As soon as possible after the Council meeting, the City Clerk
shall notify each applicant to inform them if they will or will not be interviewed; notify those to be
interviewed of the date and time for their interview, and send each person to be interviewed, the list of
possible interview questions; or
x. Instead of the above nomination process, after holding an executive session to review applications,
Council may choose to interview all applicants
b. The length of the interview shall be determined based upon the number of applicants and interviews
shall be done in last -name alphabetical order. The City Clerk shall notify all applicants of the date, time and
procedure for their interview. To keep the process as fair as possible, on the date of the interview, applicants
not yet interviewed shall be asked to wait in a waiting area outside the meeting place and away from viewing
or hearing the meeting's proceedings.
c. If during open session, Council has nominated only one person to interview, or in the case of more
than one vacancy, one person per vacancy, Council may forego the interview process and move to make the
appropriate appointment.
3. Interview Questions/Process:
During the interview, each Councilmember may ask each candidate a maximum of three questions, which
includes any follow-up questions. Candidates shall be interviewed in alphabetical order of last name.
4. Nomination and Voting Process to Select Applicant:
a. 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. Councilmembers may not make
more than one nomination unless the nominee declines the nomination and unless there is no second to the
nomination; in which case the Councilmember make another nomination. Once the nominations are given, the
Mayor shall close the nominations and Council shall proceed to vote.
b. Voting Process. RCW 42.12.070 states that where one position is vacant, the remaining members of the
governing body shall appoint a qualified person to fill the vacant position. By adoption of this policy, Council
has chosen the following process for making such appointment:
i. Except when there is only one nominee, a vote for an applicant shall be by written ballot. Each ballot
shall contain the name of the Councilmember who cast it.
ii. The vacancy may only be filled when a majority of the remaining City Council (whether present or
not) affirmatively votes for the applicant, i.e. if five City Councilmembers are present, this would
require at least four 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.
iii. Round One Vote: The City Clerk shall publicly announce the results of the election. The applicant
receiving the majority of votes shall 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.
iv. 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
and they receive tie votes, a third round shall be taken. Councilmembers may change their vote
between rounds.
v. 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, with concurrence of Council 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
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both applicants' last name begins with the same letter of the alphabet, the applicant whose entire last
name is closest to the letter A shall be assigned "heads" and the other person assigned "tails." In the
equally rare circumstance where both applicants have the same last name, the applicant whose first
name is closest to the letter A shall be assigned "heads" and the other person assigned "tails."
5. Seating of New City Councilmember:
Once an applicant either has received a majority of votes or wins the coin flip, if the appointed applicant is at
the meeting, the City Clerk shall administer the oath of office, and the new Councilmember shall be officially
seated as a City Councilmember. If the appointed applicant is not at the meeting, such action is not official
until the applicant takes the oath of office.
C. Legislative Agenda
Councilmembers work each year (or sometimes every two years) to draft a State and a Federal "legislative
agenda" to address Council ideas, suggestions and specific legislative programs in terms of upcoming or
pending legislative activity in Olympia and Washington, D.C. that would or could have an effect on our City.
These agendas can also be addressed during Council's participation in the Association of Washington Cities
(AWC)annual conference, and the annual National League of Cities Conference held in Washington, D.C.
D. Council Travel Allocation
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 shall be apportioned equally among six
Councilmembers, and the Mayor may receive additional funding based on the extra travel demands of the
office. 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 are available to
Councilmembers upon request to the Finance Depaitinent or the City Manager's Executive Assistant. Should
a Councilmember exhaust their apportionment of funds, that person shall be personally responsible for
payment of any travel and related expenses unless they have requested and received written affirmation from
another Councilmember of their voluntary allocation to grant the travel related expenses from that granting
Councilmember's travel apportionment. Such granting of travel allocations shall be documented with the
appropriate completed form (see Appendix F, page 57). During the last six months of a Councilmember's
current term of office, Councilmembers shall not incur City business -related travel expenditures outside a 50
mile radius unless such travel fulfills the obligations of the Councilmember's service on statewide or regional
boards, commissions or task forces.
E. COUNCIL EXPENSE REIMBURSEMENT POLICY
1. Travel Approval and Expense.
a. General Travel: Councilmembers are entitled to payment of and reimbursement for lawful expenditures
incurred on official City business when such expenditures are within the allotted budget. The City shall not
reimburse Councilmembers for meals or beverages with constituents when there is not at least a quorum present
as that would not be considered official City business. The City shall not reimburse an expense associated with
fundraising or political events. The City shall also not reimburse an expense if that expense is reimbursable by
another agency. Each Councilmember shall be permitted to travel within the constraints of each
Councilmember's allotted budget, which may also include donated allocation(s) from another
Councilmember(s). (See Appendix F page 57 for Request Form.)
b. Allowable Travel Expense. Allowed travel expenses include transportation, lodging, meals, and other related
expenditures lawfully incurred by Councilmembers in the course and scope of their Councilmember duties.
i. Meals are provided as a per diem rate at 35% above the amounts posted by the General Services
Administration at www.gsa.gov/perdiem. For each full day of travel, all three meals are reimbursable
unless they are provided by a third party. Meals provided through a third party such as through a
conference registration, will be subtracted from the per diem amount. Per diems on the first and last
day of a trip are governed as set forth below.
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Departure Day
Depart before 8:00 am Breakfast, lunch and dinner
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon Dinner
Return Day
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch
Return after 7:00 p.m. Breakfast, lunch and dinner
ii. Lodging is reimbursed for the actual cost of the room, minus any room extras. If paid in advance, a
receipt is required for reimbursement.
iii. Tips are allowable expenditures when they approximate 15% or less, unless the personal service
provider sets a mandatory group rate at a higher percentage, or the tip is already included in the
expenditure. Please carefully examine your bill and be aware of statements such as "A service charge
of %/$ will be added to your bill." Reimbursement for tips is limited to valet services, and taxi/ride
share transportation. Tips on meals are included in the per diem rates above.
iv. When staff is making and paying for air travel arrangements, airline trip insurance may be
purchased on a case -by -case basis at the discretion of the City Manager. Times when such trip
insurance may be purchased include necessary travel when the weather is questionable.
v. A monthly mileage stipend of $25 for each Councilmember, and $50.00 for the mayor, shall be
provided for local travel for City business within 15 miles from City Hall. If travel is beyond 15 miles
from City Hall, mileage shall be reimbursed according to the current IRS mileage rates for traveled
miles as determined by such websites as google maps, or other internet apps or mileage distance
calculators, using the shortest route between two places.
c. Non -Reimbursement or Prohibition of Travel Expense.
Unauthorized travel expenses include but are not limited to the following items, for which no reimbursement
shall be allowed:
i. Liquor
ii. Expense of a spouse or other persons not authorized to receive reimbursement under this policy
iii. Personal entertainment/movies
iv. Theft, loss, or damage to personal property
v. Barber or beauty parlor
vi. Airline or other trip insurance (see b iv directly above)
vii. Personal postage
viii. Reading material except for that associated with official City business
ix. Personal telephone calls
x. Personal toiletry articles, including toothpaste, toothbrush, comb, brush, candy, gum, tissues, and
other miscellaneous items
xi. Dry cleaning/laundry service
xii. Prohibited expenses charged to the City in error shall be immediately reimbursed.
d. Conferences/Meetings/Seminars.
i. Where a meal is included in a registration package, the cost of a meal eaten elsewhere shall not be
provided in the per diem rate unless its purpose is to allow the conduct of City business.
ii. For meetings or seminars hosted by an organization for which the City pays membership dues,
lodging is limited to the amounts that are reasonable and necessary based upon the government or
conference rate offered by the host hotel(s).
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iii. When an extra day's stay would reduce airfare beyond the extra day's hotel and meals, a
Councilmember may stay an extra day.
2. Payment of Expenses.
a. Use of City Credit Cards. Use of City credit cards for travel is authorized pursuant to chapter 2.65 SVMC.
b. Prepayment. Examples of travel expenses subject to prepayment include registration fees, airline tickets,
and certain lodging where the cost is part of the registration package. Prepayment is generally handled by the
City Manager's Executive Assistant.
c. Direct Billing. Direct billing to the City for expenses such as meals and lodging is prohibited.
d. Expense Reimbursement Report. Expense Reimbursement Forms shall be completed no less than monthly.
Councilmembers shall complete the Expense Reimbursement Form and submit it to Finance, documenting the
amount due the Councilmember or City as appropriate. The actual amounts expended shall be written on the
form with itemized receipts attached. The completed Expense Reimbursement Form shall be submitted to
Finance within 45 days after completing travel. Expense Reimbursement Forms submitted more than 45 days
after completing travel shall not be honored.
3. Use of Personal Vehicle.
a. Reimbursement. Expenses for the use of personally -owned vehicles in the course of City business are
reimbursed at the then -current U.S. Government (IRS) rate. Councilmembers who use their personal car for
City business shall carry, at a minimum, the Washington state required insurance coverage. Councilmembers
shall be responsible for maintaining this coverage at their own cost.
b. Passengers. Should more than one Councilmember travel in the same personal vehicle on City business,
only the individual owning the vehicle is entitled to reimbursement for transportation.
4. Cancellation.
A Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional
meetings, hotel, and airfare, or any other pre -payment or obligation made on his/her behalf. Except in the case
of a personal or family emergency, or in the event the cancellation was a City business decision, expenses
incurred by the City resulting from failure to conform to cancellation deadlines are the personal responsibility
of the Councilmember, and those expenses shall be repaid to the City within fourteen calendar days of the
cancellation.
F. 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
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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 or individuals, for Council to support or oppose ballot
measures; nor shall Council permit any public comment on any past, current, or future possible/proposed 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 determined that ballot issues (including past, current, or possible/proposed ballot issue) are not the
business of the City, and 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, other meeting
location, 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 shall not be permitted. (See page
15, Chapter 1, C Public Comments for more specific direction on allowable public comment)
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CHAPTER 3
Council Contacts
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A. Citizen Contact/Interactions Outside of a Council Meeting
1. Mavor/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 shall work with the Mayor
to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding
City business. This provision shall 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
Councilmember should, when deemed appropriate and/or necessary, consult with the City Manager to, first
determine whether the issue is legislative or administrative in nature and then:
i. 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 matter may be referred, with Council consensus, 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.
ii. 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
Councilmember 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
a. When administrative policy or administrative performance complaints are made directly to individual
Councilmembers, the Councilmember should 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.
b. 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. See Spokane
Valley Municipal Code 3.34. for policy on donations.
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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 depaitnients. The powers and duties of the City Manager are defined
by Washington law RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced
with 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 management decisions of the City Manager.
2. City Staff Attendance at Meetings
a. 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.13.080)
b. 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 directors 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 shall 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 inquiry, the Council and its members shall deal with the administrative branch solely through the
City Manager and neither the Council nor any committee or member thereof shall give any 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.13.120.)
5. Informal Communications Encouraged
RCW 35A.13.120 should not 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,
Page 39 of 59
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 Councilmembers shall inform their supervisor of such contact and provide the supervisor with
the same information shared with the Councilmember.
Page 40 of 59
CHAPTER 4
COMMITTEES, BOARDS, COMMISSIONS
Page 41 of 59
A. Regional Committees, Commissions and Boards
1. Committees
a. Spokane Valley Councilmembers and/or residents who seek representation on any standing committee,
board, or commission required by state law, shall be appointed by the Mayor with confirmation by the Council.
b. 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 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. This process also applies to the annual appointment of Councilmembers to Committees and Boards,
which is usually done during the first few weeks of January.
c. Attendance at Committee/Board meetings: Attendance at these meetings is important so that a report can be
given to the full Council concerning the meeting's activities, plans, agenda, etc. If the assigned
Councilmember cannot attend the committee meeting, every effort should be made to give advance notice to
the committee alternate to attend in their stead if possible.
d. Removal Process of Councilmember. Any Councilmember on any committee, board, commission, task
force, etc., requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council,
which shall be by majority vote of those present at the time the vote takes place.
e. Removal Process of Citizen: Any citizen on any committee, board, commission, task force, etc., requiring
Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by
majority vote of those present at the time the confirmation vote takes place. Reasons for removal include
conflict of interest, unexcused multiple absences, or for those committees which require the appointee to be a
Spokane Valley citizen, failure to qualify as to residency.
f. A Councilmember or citizen may resign due to conflicts of time or scheduling commitments, or other
personal reasons. A vacancy caused by resignation, shall be filled as soon as appropriate, but not sooner than
two weeks, with notation of such on the advance agenda.
g. These committee, commission board appointments as well as removals, shall be placed as action items on
Council meeting agendas, and when possible and practical, will be noted on the Advance Agenda at least two
weeks prior to such action.
2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies
a. The purpose of these appointments is to provide Council with insight into areas of interest or concern within
each board. As liaisons and representatives of the City, it is the duty of Councilmembers to remember that their
sole purpose in attending these meetings and participating as an appointed board/committee member is to
represent the City; and as such during those meetings, Councilmembers may not act as a representative of any
other business, group or organization without the express consent of the Council.
b. Councilmembers are encouraged to share with all Councilmembers, 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 upcoming agenda for a specific Council meeting,
or take other appropriate action.
Page 42 of 59
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.
Such appointments are generally made at the first or second meeting in January. Following are established in-
house committees:
a. Planning 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.
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 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 limits. 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."
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."
Page 43 of 59
c. Finance Committee-- 3 members.
The Finance Committee generally consists of three Councilmembers. Meetings are conducted on an
as -needed basis as determined by the City Manager. Matters that should be addressed by the Finance
Committee, include, but are not limited to:
i. authorizing on short notice, approval of change orders that are in excess of the amounts
authorized in SVMC 3.35.010(C), 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.
ii. 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.
iii. a Councilmember shall adhere to cancellation deadlines when canceling conferences,
seminars, regional meetings, hotel, and airfare, or any other pre -payment or obligation made on his/her
behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a
City business decision, expenses incurred by the City resulting from failure to conform to cancellation
deadlines are the personal responsibility of the Councilmember and those expenses shall be repaid to
the City within fourteen calendar days of the cancellation. This is generally tracked by the City
Manager's Executive Assistant.
d. Governance Manual Committee — 5 - 6 members
This committee usually consists of two or three Councilmembers, the City Manager, the City Attorney,
and the City Clerk. The purpose of this Committee is to periodically review the Governance Manual
for edits needed for clarity or correction, or to add or edit specific sections by Council consensus, or
by request of staff as the need arises. After discussion as a committee, the matter may be scheduled as
an administrative report on a future Council agenda. The finalized Governance Manual shall be
approved via Resolution. This committee should strive to meet quarterly throughout the year, e.g. in
February, May, August, and November.
e. A&enda Committee — Mayor, Deputy Mayor, City Manager, City Clerk
At the Mayor's option, and either by a schedule determined by the Mayor or by personal individual
invitation, the Mayor may invite a third Councilmember to attend this weekly meeting. The attendance
by a third Councilmember is at the third Councilmember's discretion. Other staff may be invited at the
discretion of the City Manager. As noted in Chapter 1(B)(4), this committee generally meets at a fixed
weekly time to review the Council agenda of the upcoming meeting as an opportunity to ask questions
and/or request additional materials or research needed for the impending meeting, and to review the
Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas.
Since this is a standing committee of the Mayor, Deputy Mayor, City Manager, and City Clerk, no
committee appointments are necessary.
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 shall be placed on the City's website, and in the City's official newspaper.
Page 44 of 59
C. Private Committees, Commissions, and Boards
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 confirmation 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 those committees and/or boards. As well, Council appreciates hearing a periodic report
or update on activities and issues surrounding those boards and committees.
Page 45 of 59
APPENDIX A
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, pursuant to RCW 42.36.040, except that sitting Councilmembers shall not express their
opinions on any such matter which is or may come before the Council.
b. Ex parte 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 42.36.060)
3. Actions/Procedures for a Quasi -Judicial Public Hearing
See Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures.
Page 46 of 59
APPENDIX B: 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.
Section 2.
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.
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.13.020.
Section 4.
Section 5.
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.
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.
Page 47 of 59
Section 6.
Section 7.
Section 8.
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.
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.
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 11`h day of December, 2007.
ATTEST: /s/ DIANA WILHITE
/s/ CHRISTINE BAINBRIDGE
Christine Bainbridge, City Clerk
Approved as to form:
/S/ MICHAEL F. CONNELLY
Office of the City Attorney
Diana Wilhite, Mayor
Page 48 of 59
APPENDIX C: 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 manner.
• 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.
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 upon 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. Exceptions
to this prohibition are if an item less than $50.00 value is provided to a Councilmember while that person is
participating in business related to their position as a Councilmember. Campaign donations made and
reported in conformance with Washington law are exempt from this provision. [RCW 42.23.070]
(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 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 Councilmember feels disqualified, and state that
they are recusing themselves from the issue, and with permission of the Presiding Officer, will leave the
meeting place until such time as the issue at hand has been disposed of in the regular course of business.
Page 49 of 59
Appendix D: 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
COVID-19 — CO=corona, VI=virus, & D=disease; 2019 novel coronavirus; infectious disease caused by
severe acute respiratory syndrome coronavirus 2; WHO declared it a global pandemic March 2020
CTED - Community, Trade, & Economic Development (now Department of Commerce)
CTR - Commute Trip Reduction (legislation)
CUP - Conditional Use Permit
DEIS - Draft Environmental Impact Statement
DEM - Depaitnient of Emergency Management
DNR - Department of Natural Resources
DNS - Declaration of Non -Significance
DOC — Department of Commerce
DOE - Department of Ecology; Department of Energy
DOT - Department of Transportation (also WSDOT)
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
Page 50 of 59
FAA - Federal Aviation Administration
FCC - Federal Communications Commission
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
FMSIB — Freight Mobility Strategic Investment Board
FY - Fiscal Year
GAAP - Generally Accepted Accounting Principles
GASB - Governmental Accounting Standards Board
GIS - Geographic Information 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 - Preliminary 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
Page 51 of 59
QA - Quality Assurance
RCW - Revised Code of Washington
REET - Real Estate Excise Tax
RONR - 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
WHO — World Health Organization
WSDOT - Washington State Department of Transportation
WSP - Washington State Patrol
WUTC - Washington Utilities & Transportation Commission
WWTP - Wastewater Treatment Plant
Page 52 of 59
Spokane
�Va11ey�
APPENDIX E
CITY OF SPOKANE VALLEY
10210 E. Sprague Avenue
Spokane Valley, WA 99206
(509) 720-5000
APPLICATION FOR INTERIM COUNCIL POSITION
Thank you for your interest in serving the Spokane Valley community as an Interim Council Member. An
Interim Council Member is the term used for someone to serve in a vacated council position until that vacated
position can be filled as a result of the next general municipal election (held odd years) [RCW 42.12.070]
To be considered, applicants must use this form. Applications shall be completed, signed, and received at
the City Clerk's office, 10210 E. Sprague Avenue, no later than p.m. on
(late arriving applications will not be considered). Applications may be hand -
delivered or mailed. Faxed or e-mailed applications will not be accepted because the original application
with the original signature must be received by the City.
During the interview process, Current Councilmembers will ask applicants several questions on a variety of
topical subjects, which could include but are not limited to: budget, pavement preservation, transportation,
infrastructure, public safety, economic development, planning and development, open space, familiarity with
Council meetings, Open Public Meetings Act, Public Records Act, and Council/Manager form of
government.
Name (please print):
Complete Residence Address:
Complete Mailing Address: (if different from above address):
Length of time lived at current address:
U.S. Citizen? [ ]yes [ ]no WA State Registered Voter? [ ]yes [ ]no
If you have lived at your current address less than one year, please list your previous addresses and state
how long you lived at those residences:
Complete Previous Address Length of Time at this Address
Which is your preferred way for us to contact you: [Note: If you have an unlisted phone number, or do not wish
your e-mail address made public, do not include that information. Once this document is submitted to the City, it
becomes subject to public disclosure.]
[ ] Home Phone [ ] work phone
[ ] Cell Phone [ ] other message phone
[ ] e-mail address: (please print plainly):
[ ] regular mail to residence or mailing address shown above
Page 53 of 59
EMPLOYMENT: Start with most recent
1. [ ] present [ ] previous
Name of Employer:
Address: Phone:
Position held: Dates of Employment:
2. [ ] present [ ] previous
Name of Employer:
Address:
Phone:
Position held: Dates of Employment:
3. [ ] present [ ] previous
Name of Employer:
Address:
Phone:
Position held: Dates of Employment:
EDUCATION:
Name of High School
Diploma or GED: [ ] yes
Address:
[ ]no
Trade School/College/University:
Name of School
Diploma: [ ] yes [ ] no
Trade School/College/University:
Name of School
Diploma: [ ] yes [ ] no
Other Certifications/Licenses:
Address:
Degree or Certification Earned:
Address:
Degree or Certification Earned:
VOLUNTEER EXPERIENCE: name of social, fraternal, organizations, etc.
1. [ ] current [ ] previous
2. [ ] current [ ] previous
3. [ ] current [ ] previous
4. [ ] current [ ] previous
5. [ ] current [ ] previous
LOCAL, STATE OR NATIONAL PROFESSIONAL ORGANIZATIONS, INCLUDING
GOVERNMENT BOARDS, COMMITTEES, OR COMMISSIONS
1. [ ] current [ ] previous
2. [ ] current [ ] previous
3. [ ] current [ ] previous
4. [ ] current [ ] previous
5. [ ] current [ ] previous
1. Are you a registered voter in the City of Spokane Valley? Yes [ ] No [ ]
2. Have you continuously resided within the city limits of the City of Spokane Valley for a year or more?
(State law requires a councilmember to be a resident of Spokane Valley for at least a year prior to
appointment, and to be a registered voter at the time of application.) Yes [ ] No [ ]
Page 54 of 59
3. Have you ever been convicted of anything other than a minor traffic infraction? Yes [
4. If you answered "YES" to #3 above, please explain:
]
No [ ]
5. Do you or your spouse or any immediate family member (spouse, children, siblings, parents) have a
financial interest in, or are you an employee or officer of any business or agency which does business with
the City of Spokane Valley? Yes [ ] No [ ] If yes, please explain:
6. Is any member of your immediate family currently employed, either full time or part time, by the City of
Spokane Valley, or currently perform any volunteer work for the City of Spokane Valley?
Yes[ ] No[ ]
If yes, please explain:
7. Would your appointment create a conflict of interest or an appearance of a conflict of interest?
Yes[ ] No[ ]
If yes, please explain:
8. Why are you interested in serving in this position?
9. What do you feel is the primary responsibility of a Councilperson?
10. Have you ever attended a live meeting of the Spokane Valley City Council? Yes [ ] No [ ]
If yes, give an estimate of how many meetings you have attended in the past twelve months:
11. Appointment to the City Council will require your attendance at regularly scheduled Council meetings,
which generally occur on Tuesday evenings, as well as other special meetings that may be scheduled from
time to time. This meeting commitment includes preparation time, such as reading the Council packet
materials. Councilmembers also participate on various boards and committees (such as STA, Visit Spokane,
Health Board, etc.) as assigned by the Mayor and confirmed by Council. Many of these groups meet during
regular work hours. Can you commit the appropriate time and energy to participate as an interim member of
the Spokane Valley City Council. Yes [ ] No [ ]
Page 55 of 59
12. References: Please list name, address and phone number:
1.
2.
3.
Once submitted, applications and related materials become a public record subject to public disclosure, and
could be included in Council agenda packets. Selection of the applicant must be approved by a majority vote
of the remaining Councilmembers. No City officer shall hold any other office or employment within the
Spokane Valley City government.
By signing this application, I certify under penalty of perjury, that such appointment would not represent a
conflict of interest or an appearance of a conflict of interest; that I recognize this application is subject to
public disclosure; and that the information entered hereon by me is true and correct to the best of my
knowledge and belief.
Signature Date Signed
Page 56 of 59
oi*t°N,,
Spokane
.Valley
APPENDIX F
CITY COUNCIL
10210 E Sprague Avenue • Spokane Valley WA 99206
Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org
Request to Transfer Travel/ Registration Budgets
Transfer from
Councilmember's name
Account number
Amount
Signature
Date
Transfer to
Councilmember's name
Account number
Amount
Signature
Date
Page 57 of 59
Appendix G: 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 42.30.010,
42.30.020(3)].
Codified: The process of forming a legal code (i.e., a municipal code 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, 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. 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. '7 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.
Immediate Family: includes a 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, 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 (RCW 42.17A.005(24)).
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. 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 at CenterPlace Regional Event Center, 2426 N. Discovery
Place, Spokane Valley, Washington 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. Includes 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 Web 2.0 in Government, WebContent.gov)
Page 58 of 59
INDEX
4 M
45 days • 35
45 minutes • 15
9
majority of the whole • 22, 24
majority plus one • 26
maker of the motion • 20, 21
mileage stipend • 34
90 days • 16, 17, 30 N
Advance Agenda •14
Attendance at Committee/Board meetings • 42
8
ballot • 35
bias • 23
budget amendment • 22
negative • 20, 21
new taxes • 25
0
Outside Request • 10
P
parliamentarian • 16
per diem • 33
Presiding Officer • 10
prevailing side • 27
coin flip • 33
Council -Manager • 5 R
D
Disruptive public conduct • 15
E
ethical • 49
Excused Absences •17
Executive sessions • 11
F
franchise ordinance • 24
G
gift • 49
leave of absence • 17
rearrange • 8, 11
recuse • 22
Robert's Rules • 4
speak twice •20
surprise • 10
T
Table a motion • 21
three minutes • 15, 16, 20, 26
tie vote • 22
vote to extend the meeting • 10
w
waived • 24
withdraw • 20
Page 59 of 59
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 18, 2023
Check all that apply: ❑ consent ❑ old business
❑ information ® admin. report
Department Director Approval:
❑ new business ❑ public hearing
❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Law Enforcement Staffing Assessment Update
GOVERNING LEGISLATION: City of Spokane Valley Interlocal Agreement 17-104.06
PREVIOUS COUNCIL ACTION TAKEN: Interlocal Agreement for Law Enforcement Services
as Provided by the Spokane County Sheriff's Office ("Sheriff') to the City of Spokane Valley,
contract number 17-104, adopted by Council on July 25, 2017, amended multiple times and
renewed on November 22, 2022.
BACKGROUND: In 2022, City Council renewed the interlocal agreement (ILA) with Spokane
County for the provision of law enforcement services for the 5-year period January 1, 2023,
through December 31, 2027. As part of the discussions regarding renewal, City Council
indicated a desire for the City to conduct a staffing assessment to assist City Council in
identifying appropriate levels of service and staffing.
Pursuant to the ILA, the Parties have agreed to have 91 dedicated Spokane Valley officers and
37 investigative officers that are shared between Spokane Valley and Spokane County. There
are six patrol districts in Spokane Valley, and Spokane Valley Police are required to provide a
minimum of one patrol officer per district on duty at all times. A detailed breakdown of the
number of officers under the ILA can be found in Exhibits 3 and 4 of the ILA, attached to this
RCA.
In late 2022, staff requested proposals from consultants to complete a staffing and service
delivery analysis. Matrix Consulting Group Ltd. ("Matrix") was selected. Matrix has extensive
experience with similar studies throughout the United States and has worked on multiple studies
within the region for both the City of Spokane and the Sheriff. As part of the assessment, Matrix
is evaluating the historical growth in calls for police service in order to provide service delivery
options that will best meet the needs of Spokane Valley. This will assist City Council in
discussions on its preferred levels of service. Matrix will also be looking at staffing needs,
including utilization of commissioned officers, civilian staff, limited -commission officers, reserve
officers, and volunteers that may assist in meeting the City Council's desired levels of service.
Additionally, Matrix will be evaluating current best practices for police services and examining
other similar municipal police departments to help identify the most innovative service delivery
strategies.
Matrix is well into the study and will provide an update tonight on current status, anticipated
timeline, and next steps.
OPTIONS: Discussion.
RECOMMENDED ACTION OR MOTION: Discussion.
BUDGET/FINANCIAL IMPACTS: $85,000 for study; budget amendment to be brought forward
to Council. The final study will include cost impacts related to identified options.
Page 1 of 2
STAFF/COUNCIL CONTACT: Erik Lamb, Deputy City Manager; Morgan Koudelka, Senior
Administrative Analyst; Dave Ellis, Spokane Valley Police Chief
ATTACHMENTS: Amended Law Enforcement Interlocal Agreement 17-104.06; PowerPoint
presentation from Matrix
Page 2 of 2
(7-( (4,
INTERLOCAL AGREEMENT
FOR LAW ENFORCEMENT SERVICES
AS PROVIDED BY THE SPOKANE COUNTY SHERIFF'S OFFICE TO THE
CITY OF SPOKANE VALLEY
THIS AGREEMENT (the "Agreement") made and entered into among Spokane
County, a political subdivision of the state of Washington, having offices for the transaction
of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter
referred to as "COUNTY", the Spokane County Sheriff, a separate elected official of
Spokane County having offices for the transaction of business at 1100 West Mallon Avenue,
Spokane, Washington 99260, hereinafter referred to as "SHERIFF", and the City of Spokane
Valley, a municipal corporation of the state of Washington, having offices for the transaction
of business at 10210 East Sprague Avenue, Spokane Valley, Washington 99206, hereinafter
referred to as "CITY," jointly hereinafter referred to as the "Parties" and individually referred
to as a "Party".
COUNTY, SHERIFF, and CITY agree as follows:
SECTION NO. 1: RECITALS AND FINDINGS
1.1 Pursuant to the provisions of the Revised Code of Washington ("RCW") 36.32.120(6),
the Board of County Commissioners of Spokane County, acting on behalf of Spokane
County, has the care of County property and the management of County funds and business.
1.2 Pursuant to the provisions of chapter 39.34 RCW ("Interlocal Cooperation Act"), public
agencies may contract with each other to perform certain functions which each may legally
perform.
1.3 Pursuant to the provisions of chapter 36.28 RCW, the Spokane County Sheriff is the Chief
Law Enforcement Officer and Conservator of the Peace of Spokane County.
1.4 The City of Spokane Valley desires to utilize the services of the Spokane County Sheriff's
Office to provide law enforcement services as identified in Exhibit "1", which is attached
hereto and herein incorporated by this reference.
1.5 The direct and indirect costs for law enforcement services will be set forth in the Law
Enforcement Cost Allocation Plan ("LECAP"), described in Section 6 and incorporated
herein by this reference.
1.6 The Parties, in providing these law enforcement services, seek to make the CITY a crime -
free city.
SECTION NO. 2: DEFINITIONS
Page 1 of 29
2.1 Agreement: "Agreement" means this Interlocal Agreement among Sheriff, City, and
County regarding the provision of law enforcement services.
2.2 City: "CITY" means the City of Spokane Valley.
2.3 County: "COUNTY" means Spokane County.
2.4 Dedicated CITY Officers: "Dedicated CITY Officers" means those commissioned
officers (SHERIFF Deputies) listed in Exhibit "3" that are 100% dedicated to providing
service to the CITY and who work under the supervision of the CITY Police Chief.
2.5 Services: "Services" means those services identified in Exhibit "1".
2.6 Sheriff: "SHERIFF" means the duly elected sheriff of Spokane County possessing those
general duties set forth in chapter 36.28 RCW.
2.7 Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following
events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and
floods, volcanic eruptions, lightning or earthquakes at or near where the Services are
performed and/or that directly affect providing of such Services.
SECTION NO. 3: PURPOSE
The purpose of this Agreement is to reduce to writing the Parties' understanding as to the
terms and conditions under which SHERIFF will provide Services to CITY. The Services
will be consistent with the City's council/manager form of management pursuant to chapter
35A.13 RCW.
SECTION NO. 4: DURATION AND TERMINATION
4.1 Initial Term and Renewal. The initial term of this Agreement shall commence as of
12:01 A.M. on the date of execution, and run through midnight, December 31, 2022, for all
provisions except for the cost methodology, which shall be implemented beginning on
January 1, 2018. The first renewal of this Agreement shall commence as of 12:01 A.M. on
January 1, 2023, and run through midnight, December 31, 2027. Thereafter, this Agreement
shall automatically renew for five-year time frames, unless the termination process outlined
herein is invoked. The Automatic renewal shall not occur unless the CITY provides notice
to the COUNTY that the City Council has authorized the renewal. If the City Council does
not affirmatively authorize renewal of the Agreement or the City fails to timely provide notice
of such renewal, the Agreement shall be terminated subject to the provisions of Sections 4.2
through 4.6. In that event, the termination period shall be deemed to commence on the
January 1 following the end of the relevant contract period.
4.2 Process for Termination. This Agreement may be terminated by any Party by providing
written notice after December 31, 2025, to all other Parties. COUNTY shall consult with
SHERIFF prior to providing written notice of termination under this subsection. SHERIFF
Page 2 of 29
shall consult with COUNTY prior to providing written notice of termination under this
subsection. This termination shall be effective (24) twenty-four months after written notice
is provided as long as such written notice is provided prior to midnight, December 31, 2027.
The same time intervals for terminations shall apply to future terms if the termination process
is not invoked during the initial contract period.
4.3 Implementation of Termination. When notice of termination is given, SHERIFF and
CITY agree to jointly prepare a Transition Plan and complete said Transition Plan by a
mutually agreed date.
4.3.1 Transition Plan. The Transition Plan shall identify and address, among other
items (i) personnel issues; (ii) workload; (iii) ongoing case assignments; and (iv) the
transfer of records. If the SHERIFF and CITY cannot mutually agree to the terms of
the Transition Plan, either Party can request arbitration as provided in Section No. 18.
SHERIFF and CITY shall equally share the cost of said arbitration.
4.3.2 Implementation of Transition Plan. Parties agree to use all best efforts to
create and effectuate a mutual implementation of the Transition Plan.
4.4 Termination of the Agreement -Vehicles and Equipment. At the termination of this
Agreement, CITY shall have the option to purchase, subject to agreement of SHERIFF and
COUNTY, COUNTY -owned vehicles and/or equipment used to provide Services.
Ownership of dedicated vehicles that have been fully paid for solely by CITY shall be
transferred to CITY without cost if City choses to exercise this option.
4.5 Waiver of Statutory Terms. To the extent that it is applicable to law enforcement
Services, the Parties hereby waive the statutory termination rights of RCW 39.34.180(3)
and elect instead to follow these contractual termination procedures as the sole method of
terminating this Agreement, the terms of which are detailed in this section.
4.6 Termination of the Agreement and Settle and Adjust. The Parties recognize that
Costs for Services under the Agreement are calculated utilizing the LECAP. Charges for
the current year are based on estimated costs and are subject to a settle and adjust
reconciliation to actual costs after the year is complete. As such, in the event this
Agreement is terminated as provided for in Subsection 4.2 hereinabove, the Agreement
will be subject to a settle and adjust for any years that have not yet been reconciled. In the
event of termination, the Parties shall follow the process set forth in Section No. 6 to
determine the settle and adjust as well as the process to object to the final adjustment(s) as
set forth in Subsection 6.4 set forth hereinafter.
SECTION NO. 5: SERVICES
5.1 Services Provided and Service Levels. The SHERIFF shall provide those Services
set forth in Exhibit "1", attached hereto and incorporated herein by this reference. These
Services shall only be changed by mutual written agreement of Parties.
Page 3 of 29
5.1.1 Dedicated CITY Officers. CITY may unilaterally adjust the number of
Dedicated CITY Officers set forth in Exhibit "3" only after meaningful prior
consultation between the SHERIFF and the CITY. Written notice of such an
adjustment shall be provided by CITY to COUNTY and SHERIFF.
The Police Chief shall have the ability to move Dedicated CITY Officers to different
service units or convert to a shared resource on a temporary basis, not to exceed
ninety (90) days, to meet current workload demands, with notification to the City
Manager. Moves that exceed ninety (90) days must be approved by the City
Manager and be accompanied by a demonstrated need. A change from a dedicated
resource to a shared resource shall be communicated to the County Budget Office
and, if necessary, an adjustment will be made to the final LECAP to equitably
distribute costs to all users of the resource and remove those costs from the CITY
dedicated costs for the time period matching the move or change.
CITY patrol staffing shall be maintained at a level that allows for a minimum of
one patrol officer per patrol district per shift.
SHERIFF shall provide a quarterly list of commissioned officer positions for the
entire Sheriff's Office, showing, at a minimum, filled positions, unfilled positions,
and designating whether any filled position is in training. The SHERIFF, Police
Chief, and City Manager may mutually agree upon other content, as applicable.
5.1.2 Shared Services. SHERIFF shall provide shared Services listed in Exhibit
"1" to CITY. SHERIFF shall ensure that shared service units work with the Police
Chief and Assistant Police Chief to provide case updates, information, and data as
requested. SHERIFF shall have the ability to make permanent adjustments to the
number of commissioned officers providing Services listed under shared units in
Exhibit "4" after thirty (30) days advanced notice is provided to the CITY and
accompanied with a cost impact estimate and service level impact estimate. Any
adjustments made to the number of commissioned officers between units or change
to the rank of those officers serving in shared units shall be accompanied by a cost
and service level impact statement provided to the CITY thirty (30) days in advance
of said adjustment. The SHERIFF'S ability to temporarily shift, adjust, or modify
numbers of shared personnel to meet emerging needs shall not be limited.
Temporary shifts or adjustments to the number of commissioned officers shall be
accompanied by a written notice explaining the reason for the shift or adjustment,
identifying the personnel shifted, estimating the impact to the unit losing officers,
estimating any associated overtime, and estimating the length the temporary
adjustment will last. Quarterly updates shall be provided as long as the temporary
shift or adjustment continues.
Any adjustments in Services under this section shall only be operative after relevant
notice and impact bargaining negotiations for reductions in force are satisfied with
the relevant collective bargaining units but in no event shall the delay in
implementation exceed sixty (60) days after the SHERIFF has satisfied his good
Page 4 of 29
faith bargaining obligations pursuant to chapter 41.46 RCW for reductions.
Additions will be filled in sixty (60) days unless staffing shortages delay
implementation, in which case, SHERIFF shall provide to CITY an estimated time
to fill new positions added by CITY, and will continue to provide quarterly updates
until the positions are filled.
Any permanent adjustments that take place under this section after the original cost
estimate has been prepared shall result in the COUNTY recalculating the annual
cost estimate and then adjusting the remaining monthly payments unless otherwise
mutually agreed upon by the SHERIFF and City Manager.
Notwithstanding the above, SHERIFF'S ability to fulfill his statutory obligation to
provide law enforcement Services to COUNTY and CITY shall not be limited.
5.1.3 Civilian Positions. SHERIFF shall provide an annual list and organizational
chart of all civilian positions within the Sheriffs Office. SHERIFF shall notify
CITY of any changes to the civilian positions accompanied by any cost and service
level impacts. The City Manager and Police Chief may jointly agree for CITY to
pay a greater cost share of a civilian position based upon a jointly agreed to amount
of work provided to the CITY.
5.2 Periodic Reporting Requirements. SHERIFF shall provide to CITY quarterly
reports, within thirty (30) days from the end of each quarter, that identify statistics used to
calculate CITY'S cost in the LECAP referenced in Section No. 6 below. Those statistics
which are only available to COUNTY on an annual basis shall be provided annually within
thirty (30) days of the end of each calendar year unless the statistics are provided by an
outside agency, in which case they shall be provided within fifteen (15) days after they are
provided to COUNTY. These reports will allow CITY to monitor service consumption
and cost accrual throughout the year.
5.2.1 Performance Measures and Workload Indicators. Available data for the
indicators and measures listed in Exhibit "2" shall be provided by SHERIFF to CITY
on a quarterly basis subject to availability of data, unless otherwise mutually agreed
upon by SHERIFF and the City Manager. The indicators and measures shall be
modified jointly by the City Manager and SHERIFF as needed to provide the most
accurate assessment of the Services provided to CITY.
Goals for each performance measure shall be established by the City Manager and the
Police Chief. SHERIFF and CITY shall work together jointly to provide the necessary
support and resources to achieve established goals. Failure to meet established goals
on a quarterly basis shall result in progress reports provided by the Police Chief to the
City Manager. The reports shall indicate the causes of the deficiencies and provide
responsive action taken or recommendations by the Police Chief to correct the
deficiencies as well as progress made toward achieving the goals. The progress reports
shall continue until the deficiency has been corrected.
Page 5 of 29
SECTION NO. 6: COST OF SERVICES
6.1 Cost Methodology. CITY costs will be determined by utilizing the LECAP. The
LECAP will allocate costs through a combination of direct dedicated CITY officer costs;
and shared and indirect costs allocated through mutually agreed upon allocation bases.
Salary and Benefits for Dedicated CITY Officers will be segregated into separate budget
units and costs will be tracked separately.
The allocation bases will be reviewed by the COUNTY and CITY, as needed. Any changes
to the allocation bases will be made by staff of the CITY and COUNTY and mutually
agreed upon by the SHERIFF, COUNTY, and the City Manager. Parties will strive to
implement fair allocation bases for all services delivered, including consideration of
services provided to outside agencies and jurisdictions.
Indirect costs will be applied from the Countywide Cost Allocation Plan, the COCAP. The
COCAP will be prepared in accordance with OMB U.S. Office of Management and Budget
Circular 2 CFR 200.
The CITY shall not be charged for costs unrelated to the provision of CITY law
enforcement Services in the current year, including but not limited to, costs for tax assessor
and treasurer tax collections. CITY shall receive a credit for COCAP building charges and
associated maintenance and utility costs, in recognition of CITY -owned facilities
(precinct/garage). CITY shall also receive a credit for Services paid through other revenue
sources and Services that have been pre -paid by CITY.
6.2 Estimated Costs. The LECAP will be used to estimate CITY cost for Services for a
contract year based upon the contract year's budget. Estimated indirect costs will be
calculated by applying an indirect rate derived from actual indirect costs from the most
recently completed year. CITY shall have thirty (30) days to review the estimated costs
and ask questions. The Parties may mutually agree to an adjustment to the estimate due to
vacancies or other related circumstances. Should the estimate not be provided or not be
finalized by the time the invoices for a new contract year are due, CITY will continue to
pay at the previous year's monthly rate until the estimate is finalized. If the CITY has paid
one or more months at the previous year's rates, the COUNTY will calculate the difference
between the previous year's rates and the current year's monthly estimate for those months
and add the difference to the first monthly payment at the current year's estimate.
COUNTY shall notify CITY of any budget amendments, or budget change requests that
may increase CITY'S law enforcement costs by more than $200,000.00 USD.
Estimated costs paid by CITY for specific items such as dedicated patrol salary shall not
be diverted to other expenses without prior authorization by the City. CITY will work with
Police Chief and Assistant Police Chief to process such requests expeditiously.
Page 6 of 29
This section shall not diminish the SHERIFF'S state constitutional and statutory law
enforcement powers pursuant to chapter 36.28 RCW, nor his ability to expediently respond
to emergencies.
6.3 Settle and Adjust. The LECAP will be used to calculate the actual CITY cost for the
contract year based upon the contract year's actual expenses. After calculating the CITY'S
actual costs for a contract year, any overage or underage from the estimated billed amount
will be applied to the next invoice. Should the contract no longer be in effect, payment by
either Party will be due within thirty (30) days of agreement of the final amount.
COUNTY shall provide CITY with the actual cost calculations for the contract year in writing
via the LECAP no later than September 30th of any calendar year for the preceding year's
costs. CITY will have thirty (30) calendar days from its receipt of the LECAP to provide
COUNTY with any written objections to the amounts set forth therein. COUNTY agrees to
consider all written objections received from CITY and reply to CITY no later than fifteen
(15) calendar days of receipt of CITY'S objections. In the event the Parties cannot mutually
resolve any written objection(s) submitted by CITY within an additional fifteen (15) calendar
day time frame, or such other time frame as the Parties may mutually agree to, the objections
shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 18.
6.4 Retroactive Salary Adjustments. The Police Chief shall inform the CITY of the
commencement and settlement of applicable collective bargaining agreements, as well as
inform CITY of the status of any pending negotiations as to tentative agreements. Should
any applicable bargaining agreement not be settled in time to include any salary adjustments
granted commissioned deputies under any collective bargaining agreement in the cost
estimate for a given year, and that collective bargaining agreement is settled, and the
settlement contains a retroactive salary adjustment, COUNTY shall bill CITY for the full
amount of CITY'S portion of the retroactive payment. CITY shall be responsible for paying
COUNTY within thirty (30) days of the billing date. Additionally, COUNTY may recalculate
the estimated Interlocal Agreement amount employing the cost of living or wage increase(s)
granted commissioned deputies under any collective bargaining agreement and adjust the
remaining monthly payments.
6.5 Capital Purchases. Capital equipment deemed necessary and prudent for all
commissioned officers, excluding vehicles, with a cost greater than $50,000.00 USD, may
be billed to CITY at the time of purchase contingent upon CITY's prior authorization.
CITY will be billed according to its proportionate share. COUNTY will bill CITY for this
cost at the time of the purchase and payment shall be due from CITY within thirty (30)
days of the billing date. As part of the settle and adjust reconciliation, COUNTY will give
CITY credit for the full amount paid for capital equipment in that year. The Parties may
also jointly agree to apply this language to capital purchases of any amount on a case -by -
case basis.
All capital items purchased solely by COUNTY shall be the property of COUNTY. All
items purchased solely by CITY will become the property of CITY. Capital items shall
not be purchased jointly under this Agreement, by both County and City, unless otherwise
Page 7 of 29
agreed to in writing and executed in the same formality as this Agreement. Capital items
that have been purchased with grant funds by either CITY or COUNTY, or other funding
sources, and capital items that are not utilized in providing law enforcement Services to
CITY, will not be charged to CITY. All capital items that are utilized in providing law
enforcement Services to CITY, and which are not immediately billed to CITY according
to the terms stated in this section, and that were not purchased with other funding sources,
will be incorporated as fixed assets in the (COCAP) and reimbursed through depreciation.
COUNTY shall provide an annual list of assets to CITY, identifying all SHERIFF assets
and segregating those assets paid for by CITY. The asset list shall accompany estimated
and actual LECAPs provided to the CITY.
County shall consult with CITY prior to committing to capital purchases relating to this
Agreement exceeding $200,000.00 USD. Typical recurring expenses such as vehicles are
exempt from this requirement.
Beginning in 2022, CITY will be billed for the entire cost of dedicated vehicles in the year
the vehicles were purchased and received. Vehicles purchased prior to 2022 will continue
to be billed through depreciation in the COCAP. Orders related to CITY dedicated vehicles
and the subsequent disposition of those vehicles shall require prior written approval by
CITY. Shared vehicles will typically be supplied through the equitable transfer of vehicles
from dedicated units from CITY and COUNTY once the dedicated vehicles are replaced
by new vehicles. In some cases, new vehicles may need to be purchased for shared units;
efforts will be made to utilize existing revenue sources but if these sources are not available
the COUNTY will purchase the vehicles and depreciate the CITY'S share of costs
according to current allocation bases. Additionally, salvage value received through the
sale of CITY dedicated vehicles will be placed into a combined CITY/COUNTY reserve
to be used to replace wrecked vehicles, purchase atypical needs such as transport trailers,
and purchase specialty vehicles as funds allow. Use of the CITY/COUNTY reserve funds
shall require prior written approval from the SHERIFF and CITY, which shall not be
unreasonably withheld.
6.6 Billing Procedure. COUNTY shall issue a bill to CITY for one -twelfth of calculated
estimated contract amount during the first week of each calendar month. The COUNTY and
City Manager shall mutually agree to the designated billing method and address in writing.
In the event the Parties haven't agreed to a billing method, the COUNTY may send bills to
the persons and addresses in Section 20 —Notices. Regular monthly payments by CITY shall
be due by the end of the month in which they are billed. In the event that the bill is issued at
any time after the first week, as required by this Section, the City shall have thirty days (30)
days from the date of issuance to process the payment.
6.7 Penalty. At the sole option of COUNTY, a penalty may be assessed on any late payment
owed by CITY in an amount equal to lost interest earnings had the payment been timely paid
and invested in the Spokane County Treasurer's Investment Pool.
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Any resolution of a disputed amount through use of the arbitration process identified in
Section No. 18 shall include at the request of any Party, a determination of whether interest
is appropriate, including the amount.
SECTION NO. 7: MUNICIPAL POLICE AUTHORITY
CITY shall retain all police powers, and, by virtue of this Agreement, CITY confers municipal
police authority on the SHERIFF.
SECTION NO. 8: OFFICER ASSIGNMENT, RETENTION, DISCIPLINE AND
HIRING
COUNTY is acting hereunder as an independent contractor as to:
8.1 Hiring. The SHERIFF shall hire, assign, retain and discipline all employees according
to applicable collective bargaining agreements, civil service rules, and state and federal laws.
8.2 Standards of Performance Governed by the SHERIFF. Control of personnel,
standards of performance, discipline and all other aspects of performance shall be governed
by the SHERIFF. Provided, however that only qualified, trained personnel meeting all of the
requirements of applicable state laws or regulations shall be utilized in the performance of
Services provided hereunder.
8.3 Assignment of Dedicated CITY Officers. SHERIFF or his designee and Police Chief
shall work together to determine the personnel assigned to fill Dedicated CITY Officer
positions. SHERIFF and CITY shall work together to encourage Dedicated CITY Officer
retention and fill open positions to provide continuity of the Services provided hereunder.
SHERIFF or his designee and the City Manager shall discuss anticipated openings due to
retirements and transfers to other agencies and jointly determine how to best prepare to fill
those vacancies. SHERIFF or his designee and the City Manager shall jointly discuss and
work diligently to fill any vacancies in a manner that is reasonable and fair to each Party. All
actions taken to filling vacant positions shall be subject to applicable collective bargaining
requirements.
8.4 Patrol Districts. Patrol districts for the CITY are established in Exhibit "5". The patrol
districts will coincide within CITY limits. A patrol district is a geographical area of a size and
configuration designed to minimize response times to citizen's calls for Services. Response
is typically measured from the time a call is received to the time the unit arrives on the scene.
If the boundary of the CITY limits change, the SHERIFF will work together with the City
Manager and the Police Chief to determine if a change to the number of patrol districts is
necessary. The Police Chief will also periodically evaluate the calls for Service and other
impacts to response times and make recommendations to the City Manager, if necessary,
regarding changes to patrol districts. All changes to the number of patrol districts in CITY
shall be authorized by the Council and SHERIFF.
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8.5 Dedicated CITY Units and Officers, Mutual Aid. SHERIFF recognizes that he is
providing sworn police Services dedicated to CITY. Dedicated CITY Service units,
established in Exhibit "1", and the Dedicated CITY Officers, established in Exhibit "3",
shall work under the supervision of the Police Chief and be located at the CITY Precinct
Building except the Domestic Violence Detective who works in a shared unit under the
Shared Investigative Lieutenant. Dedicated CITY Officers shall be provided in the
number of officers shown in Exhibit "3". Service units identified as "Shared Resources"
in Exhibit "4" shall be shared between the CITY and COUNTY and costs shall be allocated
according to bases mutually agreed upon by the Parties or their designated staff.
8.5.1 Mutual Aid. Dedicated CITY Officers shall provide mutual aid to other local
law enforcement agencies, when possible, for emergency requests. Additionally,
Dedicated CITY Officers and COUNTY Officers shall continue to assist each other
and work together, sharing information and resources when mutually beneficial.
Dedicated CITY Officers may be assigned to regional task force units and directed
by the Police Chief to assist with investigations outside of the CITY limits for cases
that have a regional impact and benefit the CITY as well as other local jurisdictions.
This section shall not diminish the SHERIFF'S State Constitutional and statutory law
enforcement powers pursuant to chapter 36.28 RCW, nor his ultimate authority over all
SHERIFF'S Office employees.
SECTION NO. 9: CITY POLICE CHIEF AND ASSISTANT POLICE CHIEF
SELECTION, REMOVAL AND DUTIES, AS WELL AS CITY MANAGER'S AND
SHERIFF'S RESPONSIBILITIES THERETO
9.1 Selection of Police Chief or Assistant Police Chief. When, for any reason, there
occurs a vacancy in the position of Police Chief or Assistant Police Chief, the SHERIFF
shall designate three or more SHERIFF Deputies of the rank of Lieutenant or higher, or as
otherwise agreed by the parties, as candidates for each of the positions of Police Chief or
Assistant Police Chief The positions of Police Chief or Assistant Police Chief shall be
appointed from said lists of qualified candidates by the City Manager.
9.2 Removal of Police Chief or Assistant Police Chief.
9.2.1 Removal by SHERIFF. The SHERIFF may remove the Police Chief or
Assistant Police Chief, for just cause, at any time after consultation with the City
Manager. The City Manager shall provide a formal response in writing within thirty
(30) days of the first consultation which specifies agreement or acceptance of the
decision or disagreement with the decision.
9.2.2 Removal by City Manager. The SHERIFF shall remove the Police Chief or
Assistant Police Chief at any time after the written request and consultation of the
City Manager.
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9.2.3 Reduction of Assistant Police Chiefs Rank Due to Economic Conditions.
A reduction in SHERIFF'S Office Civil Service Rank due to economic necessity
shall not be the sole basis for the removal of the appointed Assistant Police Chief
by either the City Manager or the SHERIFF.
9.3 Duties of Police Chief. The Police Chief shall report to the City Manager or his/her
designee and to the existing command structure within SHERIFF'S Office.
The duties of the Police Chief shall include:
9.3.1 Working with the City Manager or his/her designee to establish goals,
objectives and performance measures for CITY police Services which reflect specific
needs within CITY;
9.3.2 Coordinating police activities within CITY, including hours of operation and
CITY -specific protocols and procedures, attending meetings and providing reports as
requested by the City Manager and such other duties common to a city police chief
including enforcement of CITY codes and ordinances;
9.3.3 Reviewing the performance of all Dedicated CITY Officers. Reporting to City
Manager or his/her designee and SHERIFF any serious recommendations for
performance improvement;
9.3.4 Identify duties of all Dedicated CITY Officers as specific needs arise or as
requested by the City Manager or his/her designee within the context of established
policies and procedures. Reporting to SHERIFF any changes in duty of Dedicated
CITY Officers;
9.3.5 Overseeing implementation within CITY of all SHERIFF policies and
procedures. Maintaining a copy of SHERIFF procedures on file at City Hall for
CITY'S reference. SHERIFF shall be notified of any public record requests to view
or obtain a copy of the policies and procedures on file;
9.3.6 Notifying and providing electronic access to the City Manager or his/her
designee of any change in SHERIFF procedures or policies, or resource as permitted
by this Agreement;
9.3.7 Identifying areas of supplemental training for Dedicated CITY Officers. Making
recommendations to SHERIFF for supplemental training. Making recommendations
to the City Manager or his/her designee for training not provided by SHERIFF;
9.3.8 Providing supervision and direction to all Dedicated CITY Officers as well as
other assigned personnel, and acting as liaison with SHERIFF Command Staff;
9.3.9 Maintaining communication between the City Manager and SHERIFF command
structures to ensure that changes in SHERIFF policies are agreeable to CITY and that
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change in CITY policies are agreeable to SHERIFF. In the event a CITY procedure,
policy, goal or operation differs from the SHERIFF'S, City Manager or his/her
designee, SHERIFF and COUNTY shall meet and mutually determine which policy
will prevail;
9.3.10 Notifying the SHERIFF and City Manager or his/her designee of any significant
criminal occurrence or civil emergency within CITY or region that would impact the
public safety or operations of CITY, and
9.3.11 Coordinating with City Manager regarding maintenance and capital
improvement needs of the CITY Precinct Building.
9.4 Duties of the Assistant Police Chief. Assistant Police Chief shall act as Police Chief in
his/her absence and under the Police Chief as CITY Police Department's primary
administrative assistant, and also work with CITY staff to provide data as requested and
complete information required for CITY planning documents.
9.5 Duties of the City Manager. The City Manager or his/her designee shall have the
responsibility of providing general direction and supervision to the assigned Police Chief
relative to the furnishing of law enforcement Services to CITY as set forth in chapter 35A.13
RCW and the terms of this Agreement.
9.6 Duties of the SHERIFF. The SHERIFF or his/her designee shall make regular visits to
the CITY Precinct Building and ensure that SHERIFF policies and procedures are being
followed and that law enforcement Service is provided to CITY according to the terms of this
Agreement and according to the standards of the SHERIFF. At the request of the City
Manager, SHERIFF or his/her designee will make presentations to the Council and
appearances at CITY functions as his/her schedule permits.
9.7 Quarterly Meetings - Sheriff and City Manager. The SHERIFF and the City Manager
shall meet on a quarterly basis to ensure regular communication and to seek joint
consideration of all matters of concern regarding this Agreement. Any Party may invite
representatives from their respective organizations to attend. It is intended that the Parties
in these meetings review the Interlocal Agreement and discuss matters of mutual interest;
monitor cost trends, work jointly on potential cost savings, revenue sources and other
budgetary matters that may impact Service levels; seek long-term sustainability of contract
terms; consider changes in labor contracts, review allocation of resources or other items
that may impact either party. The dates of these meetings will be determined by mutual
agreement and should coincide with the budget cycles of each party.
9.8 Quarterly Meeting — Financial and Contract Administration Representatives. At
the request of CITY, COUNTY, SHERIFF, or Police Chief, respective representatives shall
meet to discuss potential changes to the COCAP, the LECAP, or other items that may
impact the CITY'S law enforcement costs or Service levels. If possible, CITY shall be
notified of such changes prior to implementation, allowing CITY an opportunity to
comment.
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9.9 Annual Strategic Planning Session. The City Manager shall designate one or more
CITY employees to attend the annual SHERIFF strategic planning session(s). If a CITY
employee is unable to attend the City Manager will provide relevant information to the
Police Chief in advance of the meeting and the City Manager and Police Chief shall have
a follow-up meeting to discuss the results of the planning session.
SECTION NO. 10: OBSERVATION OF LABOR NEGOTIATIONS
CITY may participate with other cities that contract with COUNTY for law enforcement
Services to select no more than two (2) representatives from the contracting cities to observe
labor negotiations between COUNTY, SHERIFF, and the collective bargaining units
representing the employees of the SHERIFF, provided that such observers adhere to rules
established by COUNTY, the SHERIFF, and the bargaining units for the negotiations.
SECTION NO. 11: PROPERTY, EQUIPMENT AND TRAINING
11.1 Ownership of Property and Equipment. The ownership of all property and
equipment utilized in association with either SHERIFF or CITY meeting their responsibilities
under the terms of this Agreement, shall remain with the original owner at all times to include
termination, unless otherwise specifically and mutually agreed upon in writing by the Parties
to this Agreement.
11.2 Stationery, Notices and Forms. CITY shall supply at its own cost and expense
any special supplies, logos or patches, stationery, notices, forms where such must be issued
in the name of CITY.
11.3 Additional Technology. CITY desires to maintain a police force that is trained and
equipped with the latest technology. SHERIFF agrees to provide police service personnel
providing Services under this Agreement that are trained and equipped with such
technology as is customarily provided to deputies providing law enforcement Services in
the unincorporated areas of the County. Any technology not currently in use or not
customarily provided to patrol deputies, may be requested by CITY or SHERIFF. Parties
agree to meet and confer over the need for the acquisition, training, or use of new
technology with the final decision regarding the acquisition and use of new technology
resting solely with the SHERIFF so long as CITY and COUNTY have the necessary
financial resources to acquire such technology and train Dedicated CITY Officers in its
use. Such costs shall be born solely by the CITY.
11.4 Additional Training. CITY has indicated that it may desire to have the Dedicated
CITY Officers providing Services to CITY under the terms of this Agreement attend
additional or supplemental training. The SHERIFF agrees not to unreasonably withhold
approval of any written request(s) by CITY for Dedicated CITY Officers providing
Services under the terms of this Agreement to attend additional or supplemental training.
The SHERIFF may also require Dedicated CITY Officers assigned to provide Services to
CITY under the terms of this Agreement to participate in necessary state and federal
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training and conferences that focus on the prevention of crime and the protection of
CITY'S citizens. The costs of any additional or supplemental training requested by CITY
under this section and approved by the SHERIFF, or determined necessary by the
SHERIFF, shall be born solely by CITY.
11.5 Police Department Building, Maintenance, and Janitorial. CITY shall provide
offices, to include sufficient parking, for the City of Spokane Valley Police Department
located at 12710 E. Sprague Avenue, City of Spokane Valley, 99216 or at such other
location mutually agreed to between the CITY and SHERIFF. CITY shall provide all
operation, maintenance, and janitorial services for said offices.
SECTION NO. 12: COMMUNITY IDENTITY
12.1 Vehicles. Patrol, Traffic, School Resource Officer, and Community Service vehicles
that are assigned to CITY shall display the color, identification and logo of CITY at CITY'S
sole expense. Additionally, the vehicles will indicate that they are SHERIFF vehicles.
SHERIFF and CITY shall determine the form of identification jointly. Detective and
Supervisor vehicles may be left unmarked.
12.2 Uniform. SHERIFF maintains a uniform directed by state law. It is a uniform that
carries a great deal of pride. CITY recognizes that the assigned personnel will retain the
uniform of the Spokane County Sheriff's Office; however, SHERIFF agrees that assigned
personnel shall wear additional identification in the nature of a patch, clearly indicating
affiliation with CITY on uniforms, jackets, and jumpsuits. Jumpsuits shall include the word
"Police" in large type on the back. The nature and design of any additional identification will
be determined jointly by SHERIFF and CITY and provided to SHERIFF by CITY at CITY'S
sole expense.
SECTION NO. 13: RECORDS
All records prepared, owned, used or retained by COUNTY or SHERIFF in conjunction with
providing Services under the terms of this Agreement shall be deemed COUNTY property
and shall be made available to CITY upon request by the City Manager subject to the records
retention schedule set forth by the Washington State Secretary of State, the attorney client and
attorney work product privileges set forth in statute, court rule or case law. The Parties agree
to cooperate in complying with the provisions of chapter 42.56 RCW. Should the Agreement
terminate, the Parties will meet, and discuss the nature and extent of records required to be
transferred to the successor agency. The COUNTY agrees to effect the transfer no later than
the last day of the contract. The cost of any transfers of records to the control of the CITY
under this provision shall be assumed solely by the CITY.
SECTION NO. 14: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY
A delay or interruption in or failure of performance of all or any part of this Agreement
resulting from Uncontrollable Circumstances shall be deemed not a default under this
Agreement.
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A delay or interruption in or failure of performance of all or any part of this Agreement
resulting from any change in or new law, order, rule or regulation of any nature which
renders providing of Services in accordance with the terms of this Agreement legally
impossible, and any other circumstances beyond the control of the SHERIFF, which render
legally impossible the performance by the SHERIFF of its obligations under this
Agreement, shall be deemed not a default under this Agreement.
SECTION NO. 15: RELATIONSHIP OF THE PARTIES
For the purpose of this Section, the terminology "COUNTY" shall also include SHERIFF.
The Parties intend that an independent contractor relationship will be created by this
Agreement. COUNTY shall be an independent contractor and not the agent or employee of
CITY, that CITY is interested only in the results to be achieved and that the right to control
the particular manner, method and means in which the Services are performed is solely within
the discretion of the SHERIFF. Any and all employees who provide Services to CITY under
this Agreement shall be deemed employees solely of the SHERIFF. The SHERIFF shall be
solely responsible for the conduct and actions of all employees under this Agreement and any
liability that may attach thereto. Likewise, no agent, employee, servant or representative of
CITY shall be deemed to be an employee, agent, servant or representative of the SHERIFF
or COUNTY for any purpose.
SECTION NO. 16: LIABILITY
For the purpose of this section, the terminology "COUNTY" shall also include the
"SHERIFF."
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and
employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages
of any nature whatsoever, by any reason of or arising out of any negligent act or omission of
COUNTY, its officers, agents and employees, relating to or arising out of performing Services
pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or
damages is brought against CITY, COUNTY shall defend the same at its sole cost and
expense and if final judgment in said suit be rendered against CITY, and its officers, agents,
and employees, or jointly against CITY and COUNTY and their respective officers, agents,
and employees, COUNTY shall satisfy the same.
(b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and
employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages
of any nature whatsoever, by any reason of or arising out of any negligent act or omission of
CITY, its officers, agents and employees, relating to or arising out of performing Services
pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or
damages is brought against COUNTY, CITY shall defend the same at its sole cost and
expense and if final judgment in said suit be rendered against COUNTY, and its officers,
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agents, and employees, or jointly against COUNTY and CITY and their respective officers,
agents, and employees, CITY shall satisfy the same.
(c) If the comparative negligence of the Parties and their officers and employees is a cause
of such damage or injury, the liability, loss, cost, or expense shall be shared between the
Parties in proportion to their relative degree of negligence and the right of indemnity shall
apply to such proportion.
(d) Where an officer or employee of a Party is acting under the direction and control of the
other Party, the Party directing and controlling the officer or employee in the activity and/or
omission giving rise to liability shall accept all liability for the other Party's officer or
employee's negligence.
(e) Each Party's duty to indemnify shall survive the termination or expiration of this
Agreement.
(f) The foregoing indemnity is specifically intended to constitute a waiver of each Party's
immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the
other party only, and only to the extent necessary to provide the indemnified Party with a full
and complete indemnity of claims made by the indemnitor's employees. The Parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
(g) COUNTY and CITY agree to either self insure or purchase polices of insurance covering
the matters contained in this Agreement with coverages of not less than $5,000,000 per
occurrence with $5,000,000 aggregate limits including professional liability and auto.
SECTION NO. 17: INITIATIVES AND LOCAL BUDGET REDUCTIONS
The Parties recognize that revenue -reducing initiative(s) passed by the voters of Washington
and/or local revenue reductions (i.e. loss of sales tax) and/or local government mandates may
substantially reduce local operating revenue for CITY, COUNTY, or both Parties. The
Parties agree that it is necessary to have flexibility to reduce the contracted amount(s) in this
Agreement in response to budget constraints resulting from the passage of State-wide
revenue -reducing initiative(s) and/or local revenue reductions and/or local government
mandates. If such an event occurs, the Parties agree to negotiate in good faith to achieve a
mutually agreeable resolution in a timely fashion.
SECTION NO. 18: DISPUTE RESOLUTION
Any dispute or controversy arising out of or relating to this Agreement, or breach thereof,
between the SHERIFF, COUNTY, or CITY shall first be reduced to writing and considered
by the COUNTY Chief Executive Officer ("COUNTY CEO" or "CEO") and the City
Manager if it is a monetary dispute. If it is a non -monetary dispute, it shall be reduced to
writing and considered by the SHERIFF and City Manager. The City Manager and the
COUNTY CEO or SHERIFF, depending on the dispute being monetary or non -monetary,
shall agree to develop a corrective action plan ("Action Plan") to address any dispute arising
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hereunder. The Action Plan shall be completed within thirty (30) days of agreement to
develop the Action Plan unless the Parties mutually agree in writing to extend this timeline.
If the PARTIES fail to complete or implement an Action Plan, discontinue the action plan
without agreement, or the dispute, controversy, or breach thereof, otherwise remains
unresolved, the dispute may be submitted to arbitration by any Party.
COUNTY or SHERIFF, respectively, and CITY shall have the right to designate one person
each to act as an arbitrator. The two selected arbitrators shall then jointly select a third
arbitrator. Arbitrators shall be a licensed attorney in the State of Washington in good standing
with the Washington State Bar Association and not be an employee or former employee of
any Party. The decision of the arbitration panel shall be binding on the Parties and shall be
subject to judicial review as provided for in chapter 7.04A RCW.
The costs of the arbitration panel shall be equally split between the respective Parties.
SECTION NO. 19: ASSIGNMENT
No Party shall assign, transfer, or delegate, in whole or part, any interest or responsibility in
this Agreement without the express written consent of the other Parties. Nothing in this
section shall prohibit COUNTY and/or SHERIFF from contracting with third -parties for
Services provided for in this Agreement.
SECTION NO. 20: NOTICES
All notices or other communications given hereunder and sent or delivered to any Party at the
address set forth for such below in this Section and shall be deemed given: (1) when certified
mail is deposited in the United States mail, postage prepaid; or (2) on the third day following
the day on which the same have been mailed by first class delivery, postage prepaid; or (3)
on the day such notices or other communications are received when sent by personal delivery,
prepaid.
All notices, requests, approvals, consents, or other communication, which may be required
by this Agreement, shall be given as follows:
SPOKANE COUNTY:
With Courtesy Copy:
SHERIFF: Spokane County Sheriffs Office
ATTN: Spokane County Sheriff
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Spokane County
ATTN: Chief Executive Officer
1116 West Broadway Avenue
Spokane, Washington 99260
Spokane County Prosecutor's Office
ATTN: Civil Division
1115 West Broadway Avenue
Spokane, Washington 99260
CITY:
1100 West Mallon Avenue
Spokane, Washington 99260
City of Spokane Valley
ATTN: City Manager
10210 East Sprague Avenue
Spokane Valley, Washington 99206
SECTION NO. 21: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within
the State of Washington and it is mutually understood and agreed by each Party that this
Agreement shall be governed by the laws of the State of Washington, both as to
interpretation and performance. Any action at law, suit in equity or judicial proceeding for
the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts
of competent jurisdiction within Spokane County, Washington, unless relocation or
commencement elsewhere is required by law.
SECTION NO. 22: COMPLIANCE WITH LAWS
The Parties shall observe all applicable local, state, and federal laws, regulations, orders, writs,
injunctions, and/or decrees, to the extent that they may be applicable to the terms of this
Agreement.
SECTION NO. 23: DISCLAIMER
Except as otherwise provided, this Agreement shall not be construed in any manner that
would limit either Party's authority or powers under law.
SECTION NO. 24: HEADINGS
The Section and subsection headings appearing in this Agreement have been inserted solely
for the purpose of convenience and ready reference. In no way do they purport to, and shall
not be deemed to, define, limit, or extend the scope or intent of the sections to which they
pertain.
SECTION NO. 25: ALL WRITINGS CONTAINED HEREIN
This written Agreement, together with the Exhibits attached hereto, constitutes the entire and
complete understanding and agreement between the Parties respecting the subject matter
hereof and cancels and supersedes any and all prior and contemporaneous negotiations,
correspondence, understandings, and agreements between the Parties, whether oral or written,
regarding such subject matter. No agreement or understanding varying or extending this
Agreement will be binding upon any Party, unless set forth in writing which specifically refers
to the Agreement that is signed by duly authorized officers or representatives of the respective
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Parties, and the provisions of the Agreement not specifically amended thereby will remain in
full force and effect.
SECTION NO. 26: COUNTERPARTS
This Agreement may be executed in any number of multiple signed originals, each of which,
when so executed and delivered, shall be an original, but such counterparts shall together
constitute but one and the same.
SECTION NO. 27: AGREEMENT TO BE FILED
COUNTY shall file this Agreement with such offices or agencies as required by chapter 39.34
RCW.
SECTION NO. 28: TIME OF ESSENCE OF AGREEMENT
Time is of the essence of this Agreement and in case any Party fails to perform the
obligations on its part to be performed at the time fixed for the performance of the
respective obligation by the terms of this Agreement, the other respective Party may, at its
election, hold the other Party liable for all costs and damages caused by such delay.
SECTION NO. 29: CHAPTER 39.34 RCW REQUIRED CLAUSES
A. Purpose. See Section No. 3 above.
B. Agreement to be Filed. See Section No. 27 above.
C. Duration. See Section No. 4 above.
D. Termination. See Section No. 4 above.
E. Organization of Separate Entity and Its Powers. No new or separate legal or
administrative entity is created to administer the provisions of this Agreement.
F. Responsibilities of the Parties. See applicable sections within Agreement.
G. Property upon Termination. See Section Nos. 4.4 and 11 above.
SECTION NO. 30: SEVERABILITY
The Parties agree that if any parts, terms or provisions of this Agreement are held by the courts
to be illegal, the validity of the remaining portions or provisions shall not be affected and the
rights and obligations of the Parties shall not be affected in regard to the remainder of the
Agreement. If it should appear that any part, term or provision of this Agreement is in conflict
with any statutory provision of the State of Washington, then the part, term or provision
thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may
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be in conflict therewith and this Agreement shall be deemed to modify to conform to such
statutory provision.
SECTION NO. 31: THIRD PARTY BENEFICIARIES.
This Agreement is intended for the benefit of COUNTY, CITY and SHERIFF and not for
the benefit of any third parties.
SECTION NO. 32. SURVIVAL
Without being exclusive, Section Nos. 16, 20, and 21 of this Agreement shall survive any
termination, expiration or determination of invalidity of this Agreement in whole or in part.
Any other sections of this Agreement which, by their sense and context, are intended to
survive shall also survive.
SECTION NO. 33. MEDIA RELEASES AND CONTACT
Media releases concerning law enforcement activities covered under this Agreement will
be prepared by the SHERIFF'S Public Information Officer. Any such release of
information to the media that is deemed to be sensitive or likely to cause concern or alarm
shall be provided to the City Manager before its release. CITY shall not issue any media
releases regarding law enforcement activities covered under this Agreement without prior
approval of the SHERIFF unless otherwise agreed by the Parties. SHERIFF will endeavor
to have the Police Chief or designee interact with the media when appropriate. SHERIFF'S
ability to interact with the media on CITY'S behalf shall not be limited by this section.
SECTION NO. 34: MODIFICATION; AMENDMENT
No modification or amendment to this Agreement shall be valid until the same is reduced to
writing, in the form of an amendment, and executed with the same formalities as this present
Agreement.
SECTION NO. 35: COOPERATION
The Parties agree to cooperate and work together to the best of their abilities to effectuate the
purpose of this Agreement.
SECTION NO. 36: NON-DISCRIMINATION
During the performance of this Agreement, the Parties, their employees, and agents shall not
discriminate against any person on the basis of race; religion; color; sex; gender identity and
expression; medical conditions related to any sensory, mental, or physical condition; sexual
orientation; marital status; age; national origin; ancestry; genetic information; disability;
veteran status; or any class protected by local, state, or federal law.
SECTION NO. 37: NO SEPARATE LEGAL ENTITY
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This Agreement shall not create any separate legal entity. The only entities that shall exist
pursuant to this Agreement shall be COUNTY, SHERIFF, and CITY.
SECTION NO. 38: REMEDIES
No remedy herein conferred upon any Party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any Party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
SECTION NO. 39: WAIVER
No officer, employee, agent or other individual acting on behalf of either Party has the power,
right or authority to waive any of the conditions or provisions of this Agreement. No waiver
in one instance shall be held to be a waiver of any other subsequent breach or nonperformance.
Failure of either Party to enforce at any time any of the provisions of this Agreement or to
require at any time performance by the other Party of any provision hereof shall in no way be
construed to be a waiver of such provisions nor shall it affect the validity of this Agreement
or any part thereof.
SECTION NO. 40: CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement and the other documents listed in this
Agreement as Exhibits, and all modifications and amendments issued subsequent thereto.
These form a contract and all are as fully a part of the contract as if attached to this Agreement
or repeated herein. In the event of any inconsistency between the provisions of this Agreement
and the documents listed below, the provisions of this Agreement will control and the order
of precedence will be in the order listed. An enumeration of the contract documents is as
follows:
1. This Agreement; and
2. Exhibit 1— Services Provided to CITY by SHERIFF; and
3. Exhibit 2 — Performance Indicators and Workload Indicators; and
4. Exhibit 3 — Dedicated CITY Officers; and
5. Exhibit 4 — Combined Number of Officers in Shared Units; and
6. Exhibit 5 — City Patrol Districts; and
7. Amendments or Modifications to this Agreement.
SECTION 41: EXECUTION AND APPROVAL
The Parties warrant that the officers/individuals executing below have been duly authorized
to act for and on behalf of the Party for purposes of confirming this Agreement.
Page 21 of 29
[ Signatures on Next Page ]
Page 22 of 29
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
date and year opposite their respective signatures.
DATED: Z'2
ATTEST:
CLERK OF -THE BOA
BY:
•
,SEAL yaQ
NE coin'
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
ABSENT
UNEY, Chair
AL FRENC , Vice -Chair
GINNA VASQU Gd
JOSH KERNS, Commissioner
Ttt cpho ip6yn '('1
DATED: /2// J_ / c% 21' SPOKANE COUNTY SHERIFF:
DATED: /,) ! aU
At
''14/ai)\—t
CHRISTINE BAINBRIDGE
City Clerk
Approved as to form only:
Office the City
CITY OF SPOKANE VALLEY:
HOHMAN, City Manager
Page 23 of 29
Exhibit 1 — Services Provided to CITY by SHERIFF
CITY Dedicated Service Units
CITY Police Department Administration (Chief, Assistant Chief, Sergeant)
Patrol
Traffic Unit (Enforcement and Investigation)
Crime Prevention
Domestic Violence Unit (Investigation and Mitigation)
School Resource Officers
K-9
Spokane Valley Investigative Unit (Property and Drug Crimes Investigations)
Shared Service Units
Major Crimes Unit (Investigation of Crimes Against Persons)
Special Assault Unit (Sex Crimes Investigation)
Spokane County Investigative Unit: (Property and Drug Crimes Investigations;
Lieutenant only)
Joint Terrorism Task Force
Safe Streets (Drug Task Force and Gang Enforcement)
Emergency Operations Team (Marine and Search and Rescue)
Public Information Officer
Training
Office of Professional Standards (Investigations of complaints against officers and use of
force)
Air Support Unit
Forensics
Explosive Disposal
Regional Investigative Group 9 (Crime Analysis)
Fleet Maintenance
SWAT (Hostage Negotiation)
Tac Team (Crowd Control)
Reservist and Explorer Units
Administrative Support
Services Provided by Outside Agencies through Contract with the Sheriff's Office
Spokane Regional Emergency Communications (SREC)
Records Management
Property Storage
SHERIFF'S Community Oriented Policing Effort (S.C.O.P.E.)
Regional Services — Services provided as COUNTY responsibility at no additional
costs.
Civil
Marine Patrol
SHERIFF
Page 24 of 29
Sex Offender Registration
Self -Sustaining Services (No Charge to City)
Traffic School: Paid for by participant fees.
Extra Duty Employment: Paid for by client fees.
Page 25 of 29
Exhibit 2 — Performance Measures and Workload Indicators
Workload Indicators (Provided quarterly unless otherwise agreed)
Total incidents per Dedicated CITY Patrol Officer per shift
Total citizen initiated Calls for Service
Total citizen initiated Calls for Service with Dedicated CITY Patrol Officer response
Total Dedicated CITY Officer initiated incidents
Total Dedicated CITY Officer involved incidents
Total incidents requiring written documentation
Total incidents resulting in custodial arrest
Total traffic non -criminal infractions/citations issued
Total traffic control requests worked
Total traffic collisions investigated
Total Major Crime investigations
Total Sex Crime investigations (Annual)
Total Property/Drug Crime investigations (Annual)
Behavioral Health Deputy — To match 2021 WASPC Grant Report (Annual)
Separate Agency (Data provided as made available by agency)
SCOPE - Number of active volunteers
SCOPE — Number of volunteer hours
SCOPE — Number of business checks, vacation checks, tagged vehicles, towed vehicles and
parking citations
Performance Measures (Provided quarterly unless otherwise agreed)
Average patrol staffing per shift
Contracted Position Fill Rate (Identify positions that are active, in training, and unfilled).
Training Completion Rate (Percentage of hired officer candidates that complete all phases of
training and probationary period).
Citizen complaints per 1,000 Dedicated CITY Officer incidents (Annual)
Outcome of complaint investigations (% sustained, not sustained, exonerated, unfounded,
pending, changed to inquiry) (Annual)
Outcome of use of force incidents (% within policy and not within policy) (Annual)
Average response time for priority 1, 2, and 3 Calls for Service
Percentage of Calls for Service with deputy response
Percentage of incidents that were deputy initiated
Percentage of solvable property crime cases assigned (Annual)
Percentage of assigned cases solved by investigative unit (Assigned)
Percentage of assigned cases solved by charges filed by investigative unit (Assigned)
State defined collisions per capita (Informative only)
Percentage of traffic complaints worked
Actual to Budget Cost Comparisons for all Dedicated and Shared units (Salary, overtime,
fuel)
Behavioral Health Deputy — Time Saved (As long as data is required by State)
Page 26 of 29
Exhibit 3 - Dedicated CITY Officers
Administrative
Police Chief / Undersheriff 1
Assistant Chief / Inspector 1
Sergeant 1
Patrol
Lieutenant 2
Sergeant 9
Deputies 47
K-9 Deputies 3
Traffic
Sergeant 1
Detectives/Corporal 1
Deputies 5
Community Services
Deputy 1
Behavioral Health
Deputy
Homeless Services
Deputy
Domestic Violence
Detective/Corporal
1
School Resource Officer
Deputies 4
Property and Druc Crimes
Sergeant 1
Detectives 10
Deputy 1
Total Dedicated Officers 91
Page 27 of 29
Exhibit 4 - Combined Number of Officers in Shared Units
Administration (Technical Support)
Sergeant 1
Investigations
Undersheriff 1
Lieutenant 1
DEA Deputy 1
Maior Crimes
Sergeant 1
Detectives 8
Sex Crimes
Sergeant 1
Detectives 7
Investigative Task Force Spokane County Investigative Unit (SCIU)
Lieutenant 1
Regional Intelligence Group
Detective 1
Joint Terrorism Task Force
Detective 1
Safe Streets (Drug and Gangs)
Sergeant 1
Detectives 3
Deputies 1
Emergency Operations Team
Deputy
Public Information Officer
Corporal
2
Professional Standards
Lieutenant 1
Training
Sergeant
3
Deputies 1
Total Permanent Shared Officers 37
(CITY Share Based on Usage)
Page 28 of 29
Exhibit 5 - CITY Patrol Districts
w= Healey
Jackson
Mtles Spokane Valley Police Districts 1-6
Libem
lake
Page 29 of 29
Introduction and Status of the Police Department Study
matrix
Matrix Consulting Group
Years
42 400+ 85%
States Police studies Implementation
Our approach utilizes extensive input and data analytics to create appropriate and
achievable implementation strategies.
Our team combines former leaders in law enforcement with experienced analysts.
Our experience is nationwide but with many studies in Washington - recently for
Everett, Puyallup, and Tacoma.
matrix
consulting group
Study Objectives
Analyze police workloads and service Evaluate staffing levels and
levels. operations.
Compare police services in Spokane Evaluate opportunities to improve the
Valley to best practices and other efficiency and effectiveness of police
agencies in Washington. services.
3
matrix
consulting group
Interviews and
Documentation
Comparative
Assessment
Staffing Analysis
Final Report
4
Study Overview
• Understanding the context for this study.
• Data and interviews for our understanding of the SVPD
• How do police services in Spokane Valley compare to
best practices?.
• How do police services in Spokane Valley compare to
other communities in Washington?
• Ensuring that management of services is efficient.
• Given workloads and appropriate service levels what
staffing levels are required?
• Assessment of potential future strategic initiatives.
• Development of an implementation plan.
matrix
consulting group
Interviews and
Documentation
Comparative
Assessment
Staffing Analysis
Final Report
Study Status
• We have interviewed extensively in the Department and the
SCSO, including field ride-alongs this week.
• We surveyed SCSO employees - summary end of this week.
• We collected extensive data on workloads and services.
• We developed a summary descriptive profile.
• We have begun to compare police services to other
communities - target completion by the end of April.
• How do police services in Spokane Valley compare to other
communities in Washington?
• The staffing and operations assessment, including within a
comparative context will be completed in May.
• The draft report will be completed in late May / early June.
• It will be reviewed with City staff before begin finalized.
matrix
consulting group
Questions and Discussion
6
matrix
consulting group
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 18, 2023 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Massage Business Ordinance
GOVERNING LEGISLATION: Chapters 18.108 & 18.130 RCW
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND: Washington State requires that massage therapists and reflexologists be
properly licensed to perform their respective services. Like many cities in Washington, Spokane
Valley is experiencing an increase in massage and reflexology businesses that have been
identified by law enforcement as employing unlicensed or uncertified service providers. State law
prohibits the unlicensed practice of massage therapy and reflexology, the first offense being a
gross misdemeanor, and a subsequent offense being a class C felony. State law also provides
criminal penalties for owners of massage businesses who knowingly or with criminal negligence
allow or permit such violations. Some businesses violating the state licensure provisions have
also been known for violating laws related to prostitution and human trafficking.
The City proposes adding a new section to chapter 8.20 SVMC to adopt the State law provisions
related to the unlicensed practice of professional services by reference. The goal of the new
section is to provide law enforcement and the City another tool to ensure that massage
businesses are complying with licensing requirements including displaying credentials of the
massage therapists and reflexologists at their business locations.
Because these provisions are necessarily enforced by law enforcement and prosecuted by the
Spokane County Prosecutor's office, staff have been working and continue working with each
entity to refine the proposed code provisions.
As part of the analysis of this issue and available options, staff identified an option to further
address businesses where unlicensed massage therapy and reflexology or other criminal related
criminal activities occur, by revoking their city business license registration. However, this requires
amendments to chapter 5.05 SVMC, which are addressed in a separate ordinance. These
changes will clarify the procedure to revoke business licenses generally, and will assist in
addressing illegal activities at massage businesses.
OPTIONS: Consensus to proceed to first ordinance reading; or take other action deemed
appropriate.
RECOMMENDED ACTION OR MOTION: Council consensus to place on a future agenda for an
ordinance first reading.
BUDGET/FINANCIAL IMPACTS: N/A
STAFF CONTACT: Erik Lamb, Deputy City Manager; Tony Beattie, Senior Deputy City Attorney
ATTACHMENTS: 1. Proposed draft code provisions.; 2. Proposed sections of the RCW to be
adopted by reference.
DRAFT
SVMC 8.20.110
A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter
amended are adopted by reference:
18.108.010 Definitions.
18.108.030 Licensure or certification required.
18.108.035 Unlicensed practice —Penalties.
18.108.040 Advertising —Use of Title.
18.108.045 Display of license or certification —Availability of photo identification.
18.108.050 Exemptions.
18.130.020(9) Definitions; "License," "licensing," and "licensure"
18.130.020(13) Definitions; "Unlicensed practice"
18.130.040 Application to certain profession —Authority of secretary —Grant or denial of licenses —
Procedural rules.
18.130.190 Practice without license —Investigation of complaints —Cease and desist orders —
Injunctions —Penalties
18.130.200 Fraud or misrepresentation in obtaining or maintaining a license —Penalty
B. Law enforcement personnel shall have the authority to inspect the premises of any massage business or
reflexology business to ensure:
1. Compliance with the requirement that credentials are conspicuously displayed or available for
inspection upon request;
2. That those providing massage or reflexology services are validly licensed and of proper age; and
3. Compliance with the advertising requirements of RCW 18.108.040.
C. Inspections pursuant to SVMC 8.20.110(B) shall be limited to:
1. Times when the massage or reflexology business is open; and
2. The common areas of the massage or reflexology business.
D. Nothing herein shall authorize entry or inspection of rooms in which massage or reflexology is provided
and which are separated from the common area of the massage business or reflexology business absent
consent, a warrant, or other lawful basis.
E. Nothing herein shall be interpreted as limiting the use by law enforcement of any lawful investigatory
techniques.
F. Citation by law enforcement pursuant to any provision of 8.20.110 SVMC shall be a valid basis for a
determination to deny, suspend, or revoke of a business license in accordance with chapter 5.05 SVMC.
G. Additional remedies. The remedies provided herein for violations or noncompliance with the provisions
of this section, whether civil or criminal, are cumulative and in addition to any other remedy provided by
law. The remedies are not exclusive, and the City may seek any other legal or equitable relief.
Draft, new section 8.20.110 SVMC
RCW 18.108.010 Definitions. In this chapter, unless the context
otherwise requires, the following meanings shall apply:
(1) "Animal massage therapist" means an individual with a license
to practice massage therapy in this state with additional training in
animal therapy.
(2) "Board" means the Washington state board of massage.
(3) "Certified reflexologist" means an individual who is
certified under this chapter.
(4) "Health carrier" means the same as the definition in RCW
48.43.005.
(5) "Intraoral massage" means the manipulation or pressure of
soft tissue inside the mouth or oral cavity for therapeutic purposes.
(6) "Massage" and "massage therapy" mean a health care service
involving the external manipulation or pressure of soft tissue for
therapeutic purposes. Massage therapy includes techniques such as
tapping, compressions, friction, reflexology, Swedish gymnastics or
movements, gliding, kneading, shaking, and fascial or connective
tissue stretching, with or without the aids of superficial heat, cold,
water, lubricants, or salts. Massage therapy does not include
diagnosis or attempts to adjust or manipulate any articulations of the
body or spine or mobilization of these articulations by the use of a
thrusting force, nor does it include genital manipulation.
(7) "Massage business" means the operation of a business where
massages are given.
(8) "Massage therapist" means an individual licensed under this
chapter.
(9) "Reflexology" means a health care service that is limited to
applying alternating pressure with thumb and finger techniques to
reflexive areas of the lower one-third of the extremities, feet,
hands, and outer ears based on reflex maps. Reflexology does not
include the diagnosis of or treatment for specific diseases, or joint
manipulations.
(10) "Reflexology business" means the operation of a business
where reflexology services are provided.
(11) "Secretary" means the secretary of health or the secretary's
designee. [2016 c 41 § 1. Prior: 2012 c 137 § 3; 2007 c 272 § 1; 2002
c 277 § 1; 2001 c 297 § 2; 1997 c 297 § 2; 1991 c 3 § 252; 1987 c 443
§ 2; 1979 c 158 § 74; 1975 1st ex.s. c 280 § 1.]
Effective date-2016 c 41: "This act takes effect July 1, 2017."
[2016 c 41 § 28.]
Finding —Purpose —Rules —Effective date-2012 c 137: See notes
following RCW 18.108.005.
Findings—Intent-2001 c 297: "The legislature finds that massage
therapists have contributed significantly to the welfare of humans.
The legislature also finds that massage therapists can have a
significant positive impact on the well-being of animals, especially
in the equine industry.
It is the legislature's intent to have the Washington state board
of massage adopt rules under their current authority providing for an
endorsement for currently licensed massage practitioners to perform
animal massage upon completion of certain training courses." [2001 c
297 § 1.]
RCW (10/5/2022 9:12 AM) [ 1 ]
RCW 18.108.030 Licensure or certification required. (1) (a) No
person may practice or represent himself or herself as a massage
therapist without first applying for and receiving from the department
a license to practice. However, this subsection does not prohibit a
certified reflexologist from practicing reflexology.
(b) A person represents himself or herself as a massage therapist
when the person adopts or uses any title or any description of
services that incorporates one or more of the following terms or
designations: Massage, massage practitioner, massage therapist,
massage therapy, therapeutic massage, massage technician, massage
technology, massagist, masseur, masseuse, myotherapist or myotherapy,
touch therapist, reflexologist except when used by a certified
reflexologist, acupressurist, body therapy or body therapist, or any
derivation of those terms that implies a massage technique or method.
(2) (a) No person may practice reflexology or represent himself or
herself as a reflexologist by use of any title without first being
certified as a reflexologist or licensed as a massage therapist by the
department.
(b) A person represents himself or herself as a reflexologist
when the person adopts or uses any title in any description of
services that incorporates one or more of the following terms or
designations: Reflexologist, reflexology, foot pressure therapy, foot
reflex therapy, or any derivation of those terms that implies a
reflexology technique or method. However, this subsection does not
prohibit a licensed massage therapist from using any of these terms as
a description of services.
(c) A person may not use the term "certified reflexologist"
without first being certified by the department. [2016 c 41 § 3; 2012
c 137 § 5; 1995 c 198 § 15; 1987 c 443 § 3; 1975 1st ex.s. c 280 § 3.]
Effective date-2016 c 41: See note following RCW 18.108.010.
Finding —Purpose —Rules —Effective date-2012 c 137: See notes
following RCW 18.108.005.
RCW (10/5/2022 9:12 AM) [ 1 ]
RCW 18.108.035 Unlicensed practice —Penalties. The following
penalties must be imposed upon an owner of a massage business or
reflexology business where the unlicensed practice of massage therapy
or reflexology has been committed:
(1) Any person who with knowledge or criminal negligence allows
or permits the unlicensed practice of massage therapy or reflexology
to be committed within his or her massage business or reflexology
business by another is guilty of a misdemeanor for a single violation.
(2) Each subsequent violation, whether alleged in the same or in
subsequent prosecutions, is a gross misdemeanor punishable according
to chapter 9A.20 RCW. [2015 c 18 § 1.]
RCW (10/5/2022 9:12 AM) [ 1 ]
RCW 18.108.040 Advertising —Use of title. (1) (a) It shall be
unlawful to advertise the practice of massage using the term massage
or any other term that implies a massage technique or method in any
public or private publication or communication by a person not
licensed by the secretary as a massage therapist. However, this
subsection does not prohibit a certified reflexologist from using the
term reflexology or derivations of the term, subject to subsection
(2) (b) of this section.
(b) Any person who holds a license to practice as a massage
therapist in this state may use the title "licensed massage therapist"
and the abbreviation "L.M.T." No other persons may assume such title
or use such abbreviation or any other word, letters, signs, or figures
to indicate that the person using the title is a licensed massage
therapist.
(c) A massage therapist's name and license number must
conspicuously appear on all of the massage therapist's advertisements.
(2) (a) It is unlawful to advertise the practice of reflexology or
use any other term that implies reflexology technique or method in any
public or private publication or communication by a person not
certified by the secretary as a reflexologist or licensed as a massage
therapist.
(b) A person certified as a reflexologist may not adopt or use
any title or description of services, including for purposes of
advertising, that incorporates one or more of the following terms or
designations: Massage, masseuse, massager, massagist, masseur,
myotherapist or myotherapy, touch therapist, body therapy or
therapist, or any derivation of those terms that implies a massage
technique or therapy unless the person is also licensed under this
chapter as a massage therapist.
(c) A reflexologist's name and certification number must
conspicuously appear on all of the reflexologist's advertisements.
[2016 c 41 § 4; 2012 c 137 § 6; 2011 c 223 § 1; 1995 c 353 § 1; 1991 c
3 § 255; 1987 c 443 § 4; 1975 1st ex.s. c 280 § 4.]
Effective date-2016 c 41: See note following RCW 18.108.010.
Finding —Purpose —Rules —Effective date-2012 c 137: See notes
following RCW 18.108.005.
RCW (10/5/2022 9:12 AM) [ 1 ]
RCW 18.108.045 Display of license or certification —Availability
of photo identification. (1) A massage therapist licensed under this
chapter or a reflexologist certified under this chapter must
conspicuously display his or her credential in his or her principal
place of business. If the licensed massage therapist or certified
reflexologist does not have a principal place of business or conducts
business in any other location, he or she must have a copy of his or
her credential available for inspection while performing services
within his or her authorized scope of practice.
(2) A massage therapist licensed under this chapter or a
reflexologist certified under this chapter must have government -issued
photo identification on his or her person or have it be available for
inspection by city, county, or state law enforcement or department
personnel at all times he or she practices massage therapy or
reflexology. The name of the massage therapist or reflexologist on the
government -issued photo identification must match the name on the
massage therapy license or reflexology certification. [2020 c 295 §
1; 2016 c 41 § 5; 2012 c 137 § 7; 2011 c 223 § 2.]
Effective date-2016 c 41: See note following RCW 18.108.010.
Finding —Purpose —Rules —Effective date-2012 c 137: See notes
following RCW 18.108.005.
RCW (10/5/2022 9:12 AM) [ 1 ]
RCW 18.108.050 Exemptions. This chapter does not apply to:
(1) An individual giving massage or reflexology to members of his
or her immediate family;
(2) The practice of a profession by individuals who are licensed,
certified, or registered under other laws of this state and who are
performing services within their authorized scope of practice;
(3) Massage or reflexology practiced at the athletic department
of:
(a) Any institution maintained by the public funds of the state,
or any of its political subdivisions;
(b) Any primary or secondary school or institution of higher
education;
(c) Any school or college approved by the department of health by
rule using recognized national professional standards; or
(d) Any nonprofit organization licensed under RCW 66.24.400 and
66.24.450;
(4) Students enrolled in an approved massage school, approved
program, or approved apprenticeship program, practicing massage
techniques, incidental to the massage school or program and supervised
by the approved school or program. Students must identify themselves
as a student when performing massage services on members of the
public. Students may not be compensated for the massage services they
provide;
(5) Students enrolled in an approved reflexology school, approved
program, or approved apprenticeship program, practicing reflexology
techniques, incidental to the reflexologist school or program and
supervised by the approved school or program. Students must identify
themselves as a student when performing reflexology services on
members of the public. Students may not be compensated for the
reflexology services they provide; or
(6) (a) Individuals who have completed a somatic education
training program approved by the secretary.
(b) For purposes of this subsection (6), "somatic education"
means: Using minimal touch, words, and directed movement to deepen
awareness of existing patterns of movement and suggest new
possibilities of movement; and using minimal touch over specific
points of the body to facilitate balance in the nervous system. It
includes: (i) Any somatic education training program approved by the
secretary as of July 23, 2017; (ii) the practice of ortho-bionomy; and
(iii) the Feldenkrais method of somatic education. [2017 c 77 § 1;
2012 c 137 § 8; 2002 c 277 § 2; 1997 c 297 § 3; 1995 c 198 § 16; 1987
c 443 § 5; 1975 1st ex.s. c 280 § 5.]
Finding —Purpose —Rules —Effective date-2012 c 137: See notes
following RCW 18.108.005.
RCW (10/5/2022 9:12 AM) [ 1 ]
RCW 18.130.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly requires
otherwise.
(1) "Board" means any of those boards specified in RCW
18.130.040.
(2) "Clinical expertise" means the proficiency or judgment that a
license holder in a particular profession acquires through clinical
experience or clinical practice and that is not possessed by a lay
person.
(3) "Commission" means any of the commissions specified in RCW
18.130.040.
(4) (a) "Conversion therapy" means a regime that seeks to change
an individual's sexual orientation or gender identity. The term
includes efforts to change behaviors or gender expressions, or to
eliminate or reduce sexual or romantic attractions or feelings toward
individuals of the same sex. The term includes, but is not limited to,
practices commonly referred to as "reparative therapy."
(b) "Conversion therapy" does not include counseling or
psychotherapies that provide acceptance, support, and understanding of
clients or the facilitation of clients' coping, social support, and
identity exploration and development that do not seek to change sexual
orientation or gender identity.
(5) "Department" means the department of health.
(6) "Disciplinary action" means sanctions identified in RCW
18.130.160.
(7) "Disciplining authority" means the agency, board, or
commission having the authority to take disciplinary action against a
holder of, or applicant for, a professional or business license upon a
finding of a violation of this chapter or a chapter specified under
RCW 18.130.040.
(8) "Health agency" means city and county health departments and
the department of health.
(9) "License," "licensing," and "licensure" shall be deemed
equivalent to the terms "license," "licensing," "licensure,"
"certificate," "certification," and "registration" as those terms are
defined in RCW 18.120.020.
(10) "Practice review" means an investigative audit of records
related to the complaint, without prior identification of specific
patient or consumer names, or an assessment of the conditions,
circumstances, and methods of the professional's practice related to
the complaint, to determine whether unprofessional conduct may have
been committed.
(11) "Secretary" means the secretary of health or the secretary's
designee.
(12) "Standards of practice" means the care, skill, and learning
associated with the practice of a profession.
(13) "Unlicensed practice" means:
(a) Practicing a profession or operating a business identified in
RCW 18.130.040 without holding a valid, unexpired, unrevoked, and
unsuspended license to do so; or
(b) Representing to a consumer, through offerings,
advertisements, or use of a professional title or designation, that
the individual is qualified to practice a profession or operate a
business identified in RCW 18.130.040, without holding a valid,
unexpired, unrevoked, and unsuspended license to do so. [2018 c 300 §
3; 2008 c 134 § 2; 1995 c 336 § 1; 1994 sp.s. c 9 § 602; 1989 1st
ex.s. c 9 § 312; 1986 c 259 § 2; 1984 c 279 § 2.]
RCW (10/5/2022 9:13 AM) [ 1 ]
Intent—Finding—Construction-2018 c 300: See notes following RCW
18.130.180.
Alphabetization-2008 c 134 § 2: "The code reviser is directed to
put the defined terms in RCW 18.130.020 in alphabetical order." [2008
c 134 § 39.]
Finding—Intent-2008 c 134: "From statehood, Washington has
constitutionally provided for the regulation of the practice of
medicine and the sale of drugs and medicines. This constitutional
recognition of the importance of regulating health care practitioners
derives not from providers' financial interest in their license, but
from the greater need to protect the public health and safety by
assuring that the health care providers and medicines that society
relies upon meet certain standards of quality.
The legislature finds that the issuance of a license to practice
as a health care provider should be a means to promote quality and not
be a means to provide financial benefit for providers. Statutory and
administrative requirements provide sufficient due process protections
to prevent the unwarranted revocation of a health care provider's
license. While those due process protections must be maintained, there
is an urgent need to return to the original constitutional mandate
that patients be ensured quality from their health care providers. The
legislature has recognized and medical malpractice reforms have
recognized the importance of quality and patient safety through such
measures as a new adverse events reporting system. Reforms to the
health care provider licensing system is another step toward improving
quality in health care. Therefore, the legislature intends to increase
the authority of those engaged in the regulation of health care
providers to swiftly identify and remove health care providers who
pose a risk to the public." [2008 c 134 § 1.]
Severability-2008 c 134: "If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected." [2008 c 134 § 38.]
Severability—Headings and captions not law —Effective date-1994
sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—Severability-1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability-1986 c 259: See note following RCW 18.130.010.
RCW (10/5/2022 9:13 AM) [ 2 ]
RCW 18.130.040 Application to certain professions —Authority of
secretary —Grant or denial of licenses —Procedural rules. (Effective
until October 1, 2023.) (1) This chapter applies only to the
secretary and the boards and commissions having jurisdiction in
relation to the professions licensed under the chapters specified in
this section. This chapter does not apply to any business or
profession not licensed under the chapters specified in this section.
(2) (a) The secretary has authority under this chapter in relation
to the following professions:
(i) Dispensing opticians licensed and designated apprentices
under chapter 18.34 RCW;
(ii) Midwives licensed under chapter 18.50 RCW;
(iii) Ocularists licensed under chapter 18.55 RCW;
(iv) Massage therapists and businesses licensed under chapter
18.108 RCW;
(v) Dental hygienists licensed under chapter 18.29 RCW;
(vi) Acupuncturists or acupuncture and Eastern medicine
practitioners licensed under chapter 18.06 RCW;
(vii) Radiologic technologists certified and X-ray technicians
registered under chapter 18.84 RCW;
(viii) Respiratory care practitioners licensed under chapter
18.89 RCW;
(ix) Hypnotherapists and agency affiliated counselors registered
and advisors and counselors certified under chapter 18.19 RCW;
(x) Persons licensed as mental health counselors, mental health
counselor associates, marriage and family therapists, marriage and
family therapist associates, social workers, social work associates —
advanced, and social work associates —independent clinical under
chapter 18.225 RCW;
(xi) Persons registered as nursing pool operators under chapter
18.52C RCW;
(xii) Nursing assistants registered or certified or medication
assistants endorsed under chapter 18.88A RCW;
(xiii) Dietitians and nutritionists certified under chapter
18.138 RCW;
(xiv) Substance use disorder professionals, substance use
disorder professional trainees, or co-occurring disorder specialists
certified under chapter 18.205 RCW;
(xv) Sex offender treatment providers and certified affiliate sex
offender treatment providers certified under chapter 18.155 RCW;
(xvi) Persons licensed and certified under chapter 18.73 RCW or
RCW 18.71.205;
(xvii) Orthotists and prosthetists licensed under chapter 18.200
RCW;
RCW;
RCW;
(xviii) Surgical technologists registered under chapter 18.215
(xix) Recreational therapists under chapter 18.230 RCW;
(xx) Animal massage therapists certified under chapter 18.240
(xxi) Athletic trainers licensed under chapter 18.250 RCW;
(xxii) Home care aides certified under chapter 18.88B RCW;
(xxiii) Genetic counselors licensed under chapter 18.290 RCW;
(xxiv) Reflexologists certified under chapter 18.108 RCW;
(xxv) Medical assistants -certified, medical assistants-
hemodialysis technician, medical assistants -phlebotomist, forensic
RCW (10/5/2022 9:13 AM) [ 1 ]
phlebotomist, and medical assistants -registered certified and
registered under chapter 18.360 RCW; and
(xxvi) Behavior analysts, assistant behavior analysts, and
behavior technicians under chapter 18.380 RCW.
(b) The boards and commissions having authority under this
chapter are as follows:
(i) The podiatric medical board as established in chapter 18.22
RCW;
(ii) The chiropractic quality assurance commission as established
in chapter 18.25 RCW;
(iii) The dental quality assurance commission as established in
chapter 18.32 RCW governing licenses issued under chapter 18.32 RCW,
licenses and registrations issued under chapter 18.260 RCW, and
certifications issued under chapter 18.350 RCW;
(iv) The board of hearing and speech as established in chapter
18.35 RCW;
(v) The board of examiners for nursing home administrators as
established in chapter 18.52 RCW;
(vi) The optometry board as established in chapter 18.54 RCW
governing licenses issued under chapter 18.53 RCW;
(vii) The board of osteopathic medicine and surgery as
established in chapter 18.57 RCW governing licenses issued under
chapter 18.57 RCW;
(viii) The pharmacy quality assurance commission as established
in chapter 18.64 RCW governing licenses issued under chapters 18.64
and 18.64A RCW;
(ix) The Washington medical commission as established in chapter
18.71 RCW governing licenses and registrations issued under chapters
18.71 and 18.71A RCW;
(x) The board of physical therapy as established in chapter 18.74
RCW;
(xi) The board of occupational therapy practice as established in
chapter 18.59 RCW;
(xii) The nursing care quality assurance commission as
established in chapter 18.79 RCW governing licenses and registrations
issued under that chapter;
(xiii) The examining board of psychology and its disciplinary
committee as established in chapter 18.83 RCW;
(xiv) The veterinary board of governors as established in chapter
18.92 RCW;
(xv) The board of naturopathy established in chapter 18.36A RCW,
governing licenses and certifications issued under that chapter; and
(xvi) The board of denturists established in chapter 18.30 RCW.
(3) In addition to the authority to discipline license holders,
the disciplining authority has the authority to grant or deny
licenses. The disciplining authority may also grant a license subject
to conditions.
(4) All disciplining authorities shall adopt procedures to ensure
substantially consistent application of this chapter, the uniform
disciplinary act, among the disciplining authorities listed in
subsection (2) of this section. [2021 c 179 § 7; 2020 c 80 § 23.
Prior: 2019 c 444 § 11; 2019 c 308 § 18; 2019 c 55 § 7; 2017 c 336 §
18; 2016 c 41 § 18; 2015 c 118 § 13; prior: 2013 c 171 § 8; 2013 c 19
§ 45; prior: 2012 c 208 § 10; 2012 c 153 § 17; 2012 c 153 § 16; 2012 c
137 § 19; 2012 c 23 § 6; 2011 c 41 § 11; prior: 2010 c 286 § 18; (2010
c 286 § 17 expired August 1, 2010); (2010 c 286 § 16 expired July 1,
2010); 2010 c 65 § 3; (2010 c 65 § 2 expired August 1, 2010); (2010 c
RCW (10/5/2022 9:13 AM) [ 2 ]
65 § 1 expired July 1, 2010); prior: 2009 c 302 § 14; 2009 c 301 § 8;
2009 c 52 § 2; 2009 c 52 § 1; 2009 c 2 § 16 (Initiative Measure No.
1029, approved November 4, 2008); 2008 c 134 § 18; (2008 c 134 § 17
expired July 1, 2008); prior: 2007 c 269 § 17; 2007 c 253 § 13; 2007 c
70 § 11; 2004 c 38 § 2; prior: 2003 c 275 § 2; 2003 c 258 § 7; prior:
2002 c 223 § 6; 2002 c 216 § 11; 2001 c 251 § 27; 1999 c 335 § 10;
1998 c 243 § 16; prior: 1997 c 392 § 516; 1997 c 334 § 14; 1997 c 285
§ 13; 1997 c 275 § 2; prior: 1996 c 200 § 32; 1996 c 81 § 5; prior:
1995 c 336 § 2; 1995 c 323 § 16; 1995 c 260 § 11; 1995 c 1 § 19
(Initiative Measure No. 607, approved November 8, 1994); prior: 1994
sp.s. c 9 § 603; 1994 c 17 § 19; 1993 c 367 § 4; 1992 c 128 § 6; 1990
c 3 § 810; prior: 1988 c 277 § 13; 1988 c 267 § 22; 1988 c 243 § 7;
prior: 1987 c 512 § 22; 1987 c 447 § 18; 1987 c 415 § 17; 1987 c 412 §
15; 1987 c 150 § 1; prior: 1986 c 259 § 3; 1985 c 326 § 29; 1984 c 279
§ 4.]
Effective date-2021 c 179 § 7: "Section 7 of this act takes
effect July 1, 2022." [2021 c 179 § 9.]
Effective date-2020 c 80 §§ 12-59: See note following RCW
7.68.030.
Intent-2020 c 80: See note following RCW 18.71A.010.
Findings-2019 c 308: See note following RCW 18.06.010.
Effective date-2017 c 336 §§ 18 and 19: "Sections 18 and 19 of
this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its
existing public institutions, and take effect July 1, 2017." [2017 c
336 § 20.]
Finding-2017 c 336: See note following RCW 9.96.060.
Effective date-2016 c 41: See note following RCW 18.108.010.
Effective date-2015 c 118: See note following RCW 18.380.010.
Effective date-2013 c 171 § 8: "Section 8 of this act takes
effect July 1, 2016." [2013 c 171 § 10.]
Effective date-2013 c 19 § 45: "Section 45 of this act takes
effect July 1, 2016." [2013 c 19 § 129.]
Effective date-2012 c 208 §§ 2-10: See note following RCW
18.88A.020.
Findings—Rules-2012 c 208: See notes following RCW 18.88A.082.
Effective date-2012 c 153 §§ 15 and 17: See note following RCW
18.360.005.
Rules-2012 c 153: See note following RCW 18.360.005.
RCW (10/5/2022 9:13 AM) [ 3 ]
Finding —Purpose —Rules —Effective date-2012 c 137: See notes
following RCW 18.108.005.
Effective date-2010 c 286 § 18: "Section 18 of this act takes
effect August 1, 2010." [2010 c 286 § 22.]
Expiration date-2010 c 286 § 17: "Section 17 of this act expires
August 1, 2010." [2010 c 286 § 21.]
Effective date-2010 c 286 § 17: "Section 17 of this act takes
effect July 1, 2010." [2010 c 286 § 20.]
Expiration date-2010 c 286 § 16: "Section 16 of this act expires
July 1, 2010." [2010 c 286 § 19.]
Intent-2010 c 286: See RCW 18.06.005.
Effective date-2010 c 65 § 3: "Section 3 of this act takes
effect August 1, 2010." [2010 c 65 § 9.]
Expiration date-2010 c 65 § 2: "Section 2 of this act expires
August 1, 2010." [2010 c 65 § 8.]
Effective date-2010 c 65 § 2: "Section 2 of this act takes
effect July 1, 2010." [2010 c 65 § 7.]
Expiration date-2010 c 65 § 1: "Section 1 of this act expires
July 1, 2010." [2010 c 65 § 6.]
Effective date—Implementation-2009 c 302: See RCW 18.290.900 and
18.290.901.
Intent—Implementation-2009 c 301: See notes following RCW
18.35.010.
Speech -language pathology assistants —Certification requirements-
2009 c 301: See note following RCW 18.35.040.
Effective date-2009 c 52 § 1: "Section 1 of this act is
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and takes effect July 1, 2009." [2009 c 52 § 3.]
Effective date-2009 c 52 § 2: "Section 2 of this act takes
effect July 1, 2010." [2009 c 52 § 4.]
Contingent effective date-2009 c 2 (Initiative Measure No. 1029)
§ 16: "Section 16 of this act takes effect if section 18, chapter 134,
Laws of 2008 is signed into law by April 6, 2008." [2009 c 2 § 24
(Initiative Measure No. 1029, approved November 4, 2008).]
Intent —Findings —Construction —Short title-2009 c 2 (Initiative
Measure No. 1029): See notes following RCW 18.88B.050.
RCW (10/5/2022 9:13 AM) [ 4 ]
Effective date-2008 c 134 § 18: "Section 18 of this act takes
effect July 1, 2008." [2008 c 134 § 37.]
Expiration date-2008 c 134 § 17: "Section 17 of this act expires
July 1, 2008." [2008 c 134 § 36.]
Finding—Intent—Severability-2008 c 134: See notes following RCW
18.130.020.
Application—Implementation-2007 c 269: See RCW 18.260.900 and
18.260.901.
Effective date—Implementation-2007 c 253: See RCW 18.250.901 and
18.250.902.
Effective date-2004 c 38: See note following RCW 18.155.075.
Effective date-2003 c 275 § 2: "Section 2 of this act is
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and takes effect July 1, 2003." [2003 c 275 § 4.]
Severability—Effective date-2003 c 258: See notes following RCW
18.79.330.
Effective date-2002 c 216: See RCW 18.230.901.
Severability-2001 c 251: See RCW 18.225.900.
Effective dates-1998 c 243: See RCW 18.205.900.
Short title —Findings —Construction —Conflict with federal
requirements —Part headings and captions not law-1997 c 392: See notes
following RCW 74.39A.009.
Effective dates-1997 c 334: See note following RCW 18.89.010.
Intent—Purpose-1997 c 285: See RCW 18.200.005.
Effective date-1996 c 81: See note following RCW 70.128.120.
Effective date-1995 c 336 §§ 2 and 3: "Sections 2 and 3 of this
act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing
public institutions, and shall take effect immediately [May 11,
1995]." [1995 c 336 § 11.]
Effective date-1995 c 260 §§ 7-11: "Sections 7 through 11 of
this act shall take effect July 1, 1996." [1995 1st sp.s. c 18 § 116;
1995 c 260 § 12.]
Short title-1995 c 1 (Initiative Measure No. 607): See RCW
18.30.900.
RCW (10/5/2022 9:13 AM) [ 5 ]
Severability—Headings and captions not law —Effective date-1994
sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date-1987 c 412: See RCW 18.84.901.
Severability-1987 c 150: See RCW 18.122.901.
Severability-1986 c 259: See note following RCW 18.130.010.
RCW 18.130.040 Application to certain professions —Authority of
secretary —Grant or denial of licenses —Procedural rules. (Effective
October 1, 2023.) (1) This chapter applies only to the secretary and
the boards and commissions having jurisdiction in relation to the
professions licensed under the chapters specified in this section.
This chapter does not apply to any business or profession not licensed
under the chapters specified in this section.
(2) (a) The secretary has authority under this chapter in relation
to the following professions:
(i) Dispensing opticians licensed and designated apprentices
under chapter 18.34 RCW;
(ii) Midwives licensed under chapter 18.50 RCW;
(iii) Ocularists licensed under chapter 18.55 RCW;
(iv) Massage therapists and businesses licensed under chapter
18.108 RCW;
(v) Dental hygienists licensed under chapter 18.29 RCW;
(vi) Acupuncturists or acupuncture and Eastern medicine
practitioners licensed under chapter 18.06 RCW;
(vii) Radiologic technologists certified and X-ray technicians
registered under chapter 18.84 RCW;
(viii) Respiratory care practitioners licensed under chapter
18.89 RCW;
(ix) Hypnotherapists and agency affiliated counselors registered
and advisors and counselors certified under chapter 18.19 RCW;
(x) Persons licensed as mental health counselors, mental health
counselor associates, marriage and family therapists, marriage and
family therapist associates, social workers, social work associates —
advanced, and social work associates —independent clinical under
chapter 18.225 RCW;
(xi) Persons registered as nursing pool operators under chapter
18.52C RCW;
(xii) Nursing assistants registered or certified or medication
assistants endorsed under chapter 18.88A RCW;
(xiii) Dietitians and nutritionists certified under chapter
18.138 RCW;
(xiv) Substance use disorder professionals, substance use
disorder professional trainees, or co-occurring disorder specialists
certified under chapter 18.205 RCW;
(xv) Sex offender treatment providers and certified affiliate sex
offender treatment providers certified under chapter 18.155 RCW;
(xvi) Persons licensed and certified under chapter 18.73 RCW or
RCW 18.71.205;
(xvii) Orthotists and prosthetists licensed under chapter 18.200
RCW;
(xviii) Surgical technologists registered under chapter 18.215
RCW;
RCW (10/5/2022 9:13 AM) [ 6 ]
(xix) Recreational therapists under chapter 18.230 RCW;
(xx) Animal massage therapists certified under chapter 18.240
RCW;
(xxi) Athletic trainers licensed under chapter 18.250 RCW;
(xxii) Home care aides certified under chapter 18.88B RCW;
(xxiii) Genetic counselors licensed under chapter 18.290 RCW;
(xxiv) Reflexologists certified under chapter 18.108 RCW;
(xxv) Medical assistants -certified, medical assistants-
hemodialysis technician, medical assistants -phlebotomist, forensic
phlebotomist, and medical assistants -registered certified and
registered under chapter 18.360 RCW;
(xxvi) Behavior analysts, assistant behavior analysts, and
behavior technicians under chapter 18.380 RCW; and
(xxvii) Birth doulas certified under chapter 18 47 RCW.
(b) The boards and commissions having authority under this
chapter are as follows:
(i) The podiatric medical board as established in chapter 18.22
RCW;
(ii) The chiropractic quality assurance commission as established
in chapter 18.25 RCW;
(iii) The dental quality assurance commission as established in
chapter 18.32 RCW governing licenses issued under chapter 18.32 RCW,
licenses and registrations issued under chapter 18.260 RCW, and
certifications issued under chapter 18.350 RCW;
(iv) The board of hearing and speech as established in chapter
18.35 RCW;
(v) The board of examiners for nursing home administrators as
established in chapter 18.52 RCW;
(vi) The optometry board as established in chapter 18.54 RCW
governing licenses issued under chapter 18.53 RCW;
(vii) The board of osteopathic medicine and surgery as
established in chapter 18.57 RCW governing licenses issued under
chapter 18.57 RCW;
(viii) The pharmacy quality assurance commission as established
in chapter 18.64 RCW governing licenses issued under chapters 18.64
and 18.64A RCW;
(ix) The Washington medical commission as established in chapter
18.71 RCW governing licenses and registrations issued under chapters
18.71 and 18.71A RCW;
(x) The board of physical therapy as established in chapter 18.74
RCW;
(xi) The board of occupational therapy practice as established in
chapter 18.59 RCW;
(xii) The nursing care quality assurance commission as
established in chapter 18.79 RCW governing licenses and registrations
issued under that chapter;
(xiii) The examining board of psychology and its disciplinary
committee as established in chapter 18.83 RCW;
(xiv) The veterinary board of governors as established in chapter
18.92 RCW;
(xv) The board of naturopathy established in chapter 18.36A RCW,
governing licenses and certifications issued under that chapter; and
(xvi) The board of denturists established in chapter 18.30 RCW.
(3) In addition to the authority to discipline license holders,
the disciplining authority has the authority to grant or deny
licenses. The disciplining authority may also grant a license subject
to conditions.
RCW (10/5/2022 9:13 AM) [ 7 ]
(4) All disciplining authorities shall adopt procedures to ensure
substantially consistent application of this chapter, the uniform
disciplinary act, among the disciplining authorities listed in
subsection (2) of this section. [2022 c 217 § 5; 2021 c 179 § 7;
(2021 c 179 § 6 expired July 1, 2022); 2020 c 80 § 23. Prior: 2019 c
444 § 11; 2019 c 308 § 18; 2019 c 55 § 7; 2017 c 336 § 18; 2016 c 41 §
18; 2015 c 118 § 13; prior: 2013 c 171 § 8; 2013 c 19 § 45; prior:
2012 c 208 § 10; 2012 c 153 § 17; 2012 c 153 § 16; 2012 c 137 § 19;
2012 c 23 § 6; 2011 c 41 § 11; prior: 2010 c 286 § 18; (2010 c 286 §
17 expired August 1, 2010); (2010 c 286 § 16 expired July 1, 2010);
2010 c 65 § 3; (2010 c 65 § 2 expired August 1, 2010); (2010 c 65 § 1
expired July 1, 2010); prior: 2009 c 302 § 14; 2009 c 301 § 8; 2009 c
52 § 2; 2009 c 52 § 1; 2009 c 2 § 16 (Initiative Measure No. 1029,
approved November 4, 2008); 2008 c 134 § 18; (2008 c 134 § 17 expired
July 1, 2008); prior: 2007 c 269 § 17; 2007 c 253 § 13; 2007 c 70 §
11; 2004 c 38 § 2; prior: 2003 c 275 § 2; 2003 c 258 § 7; prior: 2002
c 223 § 6; 2002 c 216 § 11; 2001 c 251 § 27; 1999 c 335 § 10; 1998 c
243 § 16; prior: 1997 c 392 § 516; 1997 c 334 § 14; 1997 c 285 § 13;
1997 c 275 § 2; prior: 1996 c 200 § 32; 1996 c 81 § 5; prior: 1995 c
336 § 2; 1995 c 323 § 16; 1995 c 260 § 11; 1995 c 1 § 19 (Initiative
Measure No. 607, approved November 8, 1994); prior: 1994 sp.s. c 9 §
603; 1994 c 17 § 19; 1993 c 367 § 4; 1992 c 128 § 6; 1990 c 3 § 810;
prior: 1988 c 277 § 13; 1988 c 267 § 22; 1988 c 243 § 7; prior: 1987 c
512 § 22; 1987 c 447 § 18; 1987 c 415 § 17; 1987 c 412 § 15; 1987 c
150 § 1; prior: 1986 c 259 § 3; 1985 c 326 § 29; 1984 c 279 § 4.]
Effective date-2022 c 217 §§ 1-5: See note following RCW
18.47.010.
Effective date-2021 c 179 § 7: "Section 7 of this act takes
effect July 1, 2022." [2021 c 179 § 9.]
Expiration date-2021 c 179 § 6: "Section 6 of this act expires
July 1, 2022." [2021 c 179 § 8.]
Effective date-2020 c 80 §§ 12-59: See note following RCW
7.68.030.
Intent-2020 c 80: See note following RCW 18.71A.010.
Findings-2019 c 308: See note following RCW 18.06.010.
Effective date-2017 c 336 §§ 18 and 19: "Sections 18 and 19 of
this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its
existing public institutions, and take effect July 1, 2017." [2017 c
336 § 20.]
Finding-2017 c 336: See note following RCW 9.96.060.
Effective date-2016 c 41: See note following RCW 18.108.010.
Effective date-2015 c 118: See note following RCW 18.380.010.
Effective date-2013 c 171 § 8: "Section 8 of this act takes
effect July 1, 2016." [2013 c 171 § 10.]
RCW (10/5/2022 9:13 AM) [ 8 ]
Effective date-2013 c 19 § 45: "Section 45 of this act takes
effect July 1, 2016." [2013 c 19 § 129.]
Effective date-2012 c 208 §§ 2-10: See note following RCW
18.88A.020.
Findings—Rules-2012 c 208: See notes following RCW 18.88A.082.
Effective date-2012 c 153 §§ 15 and 17: See note following RCW
18.360.005.
Rules-2012 c 153: See note following RCW 18.360.005.
Finding —Purpose —Rules —Effective date-2012 c 137: See notes
following RCW 18.108.005.
Effective date-2010 c 286 § 18: "Section 18 of this act takes
effect August 1, 2010." [2010 c 286 § 22.]
Expiration date-2010 c 286 § 17: "Section 17 of this act expires
August 1, 2010." [2010 c 286 § 21.]
Effective date-2010 c 286 § 17: "Section 17 of this act takes
effect July 1, 2010." [2010 c 286 § 20.]
Expiration date-2010 c 286 § 16: "Section 16 of this act expires
July 1, 2010." [2010 c 286 § 19.]
Intent-2010 c 286: See RCW 18.06.005.
Effective date-2010 c 65 § 3: "Section 3 of this act takes
effect August 1, 2010." [2010 c 65 § 9.]
Expiration date-2010 c 65 § 2: "Section 2 of this act expires
August 1, 2010." [2010 c 65 § 8.]
Effective date-2010 c 65 § 2: "Section 2 of this act takes
effect July 1, 2010." [2010 c 65 § 7.]
Expiration date-2010 c 65 § 1: "Section 1 of this act expires
July 1, 2010." [2010 c 65 § 6.]
Effective date—Implementation-2009 c 302: See RCW 18.290.900 and
18.290.901.
Intent—Implementation-2009 c 301: See notes following RCW
18.35.010.
Speech -language pathology assistants —Certification requirements-
2009 c 301: See note following RCW 18.35.040.
Effective date-2009 c 52 § 1: "Section 1 of this act is
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and takes effect July 1, 2009." [2009 c 52 § 3.]
RCW (10/5/2022 9:13 AM) [ 9 ]
Effective date-2009 c 52 § 2: "Section 2 of this act takes
effect July 1, 2010." [2009 c 52 § 4.]
Contingent effective date-2009 c 2 (Initiative Measure No. 1029)
§ 16: "Section 16 of this act takes effect if section 18, chapter 134,
Laws of 2008 is signed into law by April 6, 2008." [2009 c 2 § 24
(Initiative Measure No. 1029, approved November 4, 2008).]
Intent —Findings —Construction —Short title-2009 c 2 (Initiative
Measure No. 1029): See notes following RCW 18.88B.050.
Effective date-2008 c 134 § 18: "Section 18 of this act takes
effect July 1, 2008." [2008 c 134 § 37.]
Expiration date-2008 c 134 § 17: "Section 17 of this act expires
July 1, 2008." [2008 c 134 § 36.]
Finding—Intent—Severability-2008 c 134: See notes following RCW
18.130.020.
Application—Implementation-2007 c 269: See RCW 18.260.900 and
18.260.901.
Effective date—Implementation-2007 c 253: See RCW 18.250.901 and
18.250.902.
Effective date-2004 c 38: See note following RCW 18.155.075.
Effective date-2003 c 275 § 2: "Section 2 of this act is
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and takes effect July 1, 2003." [2003 c 275 § 4.]
Severability—Effective date-2003 c 258: See notes following RCW
18.79.330.
Effective date-2002 c 216: See RCW 18.230.901.
Severability-2001 c 251: See RCW 18.225.900.
Effective dates-1998 c 243: See RCW 18.205.900.
Short title —Findings —Construction —Conflict with federal
requirements —Part headings and captions not law-1997 c 392: See notes
following RCW 74.39A.009.
Effective dates-1997 c 334: See note following RCW 18.89.010.
Intent—Purpose-1997 c 285: See RCW 18.200.005.
Effective date-1996 c 81: See note following RCW 70.128.120.
Effective date-1995 c 336 §§ 2 and 3: "Sections 2 and 3 of this
act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing
RCW (10/5/2022 9:13 AM) [ 10 ]
public institutions, and shall take effect immediately [May 11,
1995]." [1995 c 336 § 11.]
Effective date-1995 c 260 §§ 7-11: "Sections 7 through 11 of
this act shall take effect July 1, 1996." [1995 1st sp.s. c 18 § 116;
1995 c 260 § 12.]
Short title-1995 c 1 (Initiative Measure No. 607): See RCW
18.30.900.
Severability—Headings and captions not law —Effective date-1994
sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date-1987 c 412: See RCW 18.84.901.
Severability-1987 c 150: See RCW 18.122.901.
Severability-1986 c 259: See note following RCW 18.130.010.
RCW (10/5/2022 9:13 AM) [ 11 ]
RCW 18.130.190 Practice without license —Investigation of
complaints —Cease and desist orders —Injunctions —Penalties. (1) The
secretary shall investigate complaints concerning practice by
unlicensed persons of a profession or business for which a license is
required by the chapters specified in RCW 18.130.040. In the
investigation of the complaints, the secretary shall have the same
authority as provided the secretary under RCW 18.130.050.
(2) The secretary may issue a notice of intention to issue a
cease and desist order to any person whom the secretary has reason to
believe is engaged in the unlicensed practice of a profession or
business for which a license is required by the chapters specified in
RCW 18.130.040. The person to whom such notice is issued may request
an adjudicative proceeding to contest the charges. The request for
hearing must be filed within twenty days after service of the notice
of intention to issue a cease and desist order. The failure to request
a hearing constitutes a default, whereupon the secretary may enter a
permanent cease and desist order, which may include a civil fine. All
proceedings shall be conducted in accordance with chapter 34.05 RCW.
(3) If the secretary makes a final determination that a person
has engaged or is engaging in unlicensed practice, the secretary may
issue a cease and desist order. In addition, the secretary may impose
a civil fine in an amount not exceeding one thousand dollars for each
day upon which the person engaged in unlicensed practice of a business
or profession for which a license is required by one or more of the
chapters specified in RCW 18.130.040. The proceeds of such fines shall
be deposited to the health professions account.
(4) If the secretary makes a written finding of fact that the
public interest will be irreparably harmed by delay in issuing an
order, the secretary may issue a temporary cease and desist order. The
person receiving a temporary cease and desist order shall be provided
an opportunity for a prompt hearing. The temporary cease and desist
order shall remain in effect until further order of the secretary. The
failure to request a prompt or regularly scheduled hearing constitutes
a default, whereupon the secretary may enter a permanent cease and
desist order, which may include a civil fine.
(5) Neither the issuance of a cease and desist order nor payment
of a civil fine shall relieve the person so practicing or operating a
business without a license from criminal prosecution therefor, but the
remedy of a cease and desist order or civil fine shall be in addition
to any criminal liability. The cease and desist order is conclusive
proof of unlicensed practice and may be enforced under RCW 7.21.060.
This method of enforcement of the cease and desist order or civil fine
may be used in addition to, or as an alternative to, any provisions
for enforcement of agency orders set out in chapter 34.05 RCW.
(6) The attorney general, a county prosecuting attorney, the
secretary, a board, or any person may in accordance with the laws of
this state governing injunctions, maintain an action in the name of
this state to enjoin any person practicing a profession or business
for which a license is required by the chapters specified in RCW
18.130.040 without a license from engaging in such practice or
operating such business until the required license is secured.
However, the injunction shall not relieve the person so practicing or
operating a business without a license from criminal prosecution
therefor, but the remedy by injunction shall be in addition to any
criminal liability.
RCW (10/5/2022 9:13 AM) [ 1 ]
(7) (a) Unlicensed practice of a profession or operating a
business for which a license is required by the chapters specified in
RCW 18.130.040, unless otherwise exempted by law, constitutes a gross
misdemeanor for a single violation.
(b) Each subsequent violation, whether alleged in the same or in
subsequent prosecutions, is a class C felony punishable according to
chapter 9A.20 RCW.
(8) All fees, fines, forfeitures, and penalties collected or
assessed by a court because of a violation of this section shall be
remitted to the health professions account. [2003 c 53 § 141; 2001 c
207 § 2. Prior: 1995 c 285 § 35; 1993 c 367 § 19; 1991 c 3 § 271;
prior: 1989 c 373 § 20; 1989 c 175 § 71; 1987 c 150 § 7; 1986 c 259 §
11; 1984 c 279 § 19.]
Intent —Effective date-2003 c 53: See notes following RCW
2.48.180.
Purpose-2001 c 207: "The purpose of this act is to respond to
State v. Thomas, 103 Wn. App. 800, by reenacting and ranking, without
changes, legislation relating to the crime of unlicensed practice of a
profession or a business, enacted as section 35, chapter 285, Laws of
1995." [2001 c 207 § 1.]
Effective date-2001 c 207: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions,
and takes effect immediately [May 7, 2001]." [2001 c 207 § 4.]
Effective date-1995 c 285: See RCW 48.30A.900.
Effective date-1989 c 175: See note following RCW 34.05.010.
Severability-1987 c 150: See RCW 18.122.901.
Severability-1986 c 259: See note following RCW 18.130.010.
RCW (10/5/2022 9:13 AM) [ 2 ]
RCW 18.130.200 Fraud or misrepresentation in obtaining or
maintaining a license —Penalty. A person who attempts to obtain,
obtains, or attempts to maintain a license by willful
misrepresentation or fraudulent representation is guilty of a gross
misdemeanor. [1997 c 392 § 517; 1986 c 259 § 12; 1984 c 279 § 20.]
Short title —Findings —Construction —Conflict with federal
requirements —Part headings and captions not law-1997 c 392: See notes
following RCW 74.39A.009.
Severability-1986 c 259: See note following RCW 18.130.010.
RCW (10/5/2022 9:13 AM) [ 1 ]
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 18, 2023 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Business License Registration Amendments
GOVERNING LEGISLATION: RCW 35A.82.020; RCW 35.22.280; chapter 5.05 SVMC
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND: City staff is proposing additional tools to assist law enforcement in addressing
illegal massage businesses and related criminal activity. As part of development of those tools,
staff identified a need to amend the procedures for revoking City -issued business license
registration. Currently, chapter 5.05 SVMC does not provide specific grounds for denying,
suspending or revoking business license registration. Further, the appeal procedure outlined in
chapter 5.05 SVMC is not up to date with the City's Hearing Examiner procedures. This
amendment delineates bases upon which the City may deny, suspend or revoke business
licenses and outlines the procedures for applicants or licensees to appeal such a determination.
The new bases for denial, suspension, or revocation include instances where the license was
procured by fraud, is inconsistent with applicable land use regulations, and when law enforcement
or other regulatory agencies issue citations related to the business, activity, or thing for which the
license was issued. This amendment provides additional tools for the City to protect the health,
safety and welfare of its citizens by ensuring that businesses authorized to operate in Spokane
Valley adhere to the rules and regulations applicable to their respective businesses and
professions.
OPTIONS: Consensus to proceed to an ordinance first reading; or take other action deemed
appropriate.
RECOMMENDED ACTION OR MOTION: Council consensus to place on a future agenda for an
ordinance first reading.
BUDGET/FINANCIAL IMPACTS: N/A
STAFF CONTACT: Erik Lamb, Deputy City Manager; Tony Beattie, Senior Deputy City Attorney
ATTACHMENTS: Proposed draft code provisions amending chapter 5.05 SVMC.
DRAFT
Amendments to chapter 5.05 SVMC:
5.05.010 Engaging in business.
A. The term "engaging in business" means commencing, conducting, or continuing in business, and also
the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators
thereof hold themselves out to the public as conducting such business.
B. SVMC 5.05.010 sets forth examples of activities that constitute engaging in business in the City, and
establishes safe harbors for certain of those activities so that a person who meets the criteria may engage
in de minimis business activities in the City without having to pay a business license registration fee. The
activities listed in SVMC 5.05.010 are illustrative only and are not intended to narrow the definition of
"engaging in business" in SVMC 5.05.010(A). If an activity is not listed, whether it constitutes engaging
in business in the City shall be determined by considering all the facts and circumstances and applicable
law.
C. Without being all inclusive, any one of the following activities conducted within the City by a person,
or its employee, agent, representative, independent contractor, broker or another acting on its behalf,
constitutes engaging in business and requires a person to register and obtain a business license
registration:
1. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal
property, intangible personal property, or real property permanently or temporarily located in the
City.
2. Owning, renting, leasing, using, or maintaining an office, place of business, or other establishment
in the City.
3. Soliciting sales.
4. Making repairs or providing maintenance or service to real or tangible personal property, including
warranty work and property maintenance.
5. Providing technical assistance or service, including quality control, product inspections, warranty
work, or similar services on or in connection with tangible personal property sold by the person or on
its behalf.
6. Installing, constructing, or supervising installation or construction of real or tangible personal
property.
7. Soliciting, negotiating, or approving franchise, license, or other similar agreements.
8. Collecting current or delinquent accounts.
9. Picking up and transporting tangible personal property, solid waste, construction debris, or
excavated materials.
10. Providing disinfecting and pest control services, employment and labor pool services, home
nursing care, janitorial services, appraising, landscape architectural services, security system
services, surveying, and real estate services including the listing of homes and managing real
property.
11. Rendering professional services such as those provided by accountants, architects, attorneys,
auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports
Page 1 of 5
DRAFT
organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives,
laboratory operators, teachers, veterinarians.
12. Meeting with customers or potential customers, even when no sales or orders are solicited at the
meetings.
13. Training or recruiting agents, representatives, independent contractors, brokers or others,
domiciled or operating on a job in the City, acting on its behalf, or for customers or potential
customers.
14. Investigating, resolving, or otherwise assisting in resolving customer complaints.
15. In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless
of where sale and delivery of the goods took place.
16. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another
acting on its behalf.
D. If a person, or its employee, agent, representative, independent contractor, broker or another acting on
the person's behalf, engages in no other activities in or with the City except the following, it need not
register and obtain a business license registration:
1. Meeting with suppliers of goods and services as a customer.
2. Meeting with government representatives in their official capacity, other than those performing
contracting or purchasing functions.
3. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings
wherein the person does not provide training in connection with tangible personal property sold by
the person or on its behalf. This provision does not apply to any board of director member or attendee
engaging in business such as a member of a board of directors who attends a board meeting.
4. Renting tangible or intangible property as a customer when the property is not used in the City.
5. Attending, but not participating in, a "trade show" or "multiple vendor events." Such activities
may be subject to other City regulations.
6. Conducting advertising through the mail.
7. Soliciting sales by phone from a location outside the City.
E. A seller located outside the City merely delivering goods into the City by means of common carrier is
not required to register and obtain a business license registration; provided, that it engages in no other
business activities in the City. Such activities do not include those in SVMC 5.05.010(D).
The City expressly intends that engaging in business includes any activity sufficient to establish nexus for
purposes of applying the license registration fee under the law and the Constitutions of the United States
and the state of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the
activity that constituted the original nexus generating contact or subsequent contacts.
5.05.020 Business license registration required.
A. Every person engaging in business shall register such person's business with the City. License
registration shall include completion of a registration request, payment of any applicable license
registration fees, and receipt of endorsement or approval of the license registration application by the
Page 2 of 5
DRAFT
City. If more than one business is located on a single premises, including residential home -based
businesses, separate license registrations shall be required for each separate business conducted.
Businesses with more than one City location shall register each location separately.
B. Valid License Registration. No person may engage in business in the City or with the City without first
having obtained and being the holder of a valid annual Washington State business license registration, and
a valid annual City license registration.
C. The city manager is hereby authorized to enter into an agreement with the State of Washington Master
License Service, its successor, or any other entity as allowed by law under which that agency shall accept
and process City business license registration applications.
D. Threshold for Out -of -City Businesses. For purposes of the license registration by Chapter 5.05 SVMC,
any person or business whose annual value of products, gross proceeds of sales, or gross income of the
business in the City is equal to or less than $2,000 and who does not maintain a place of business within
the City shall submit a business license registration to the City. The threshold does not apply to regulatory
license requirements or activities that require a specialized permit.
5.05.030 Exemptions.
The following services and activities shall be exempt from the provisions of Chapter 5.05 SVMC:
A. Delivering newspapers and periodicals.
B. Soliciting orders from retail establishments via telephone, Internet or mail for the delivery and sale of
goods, wares, and merchandise unless the person's place of business is located within the City.
C. Minors engaged in babysitting.
D. The casual sale of items of personal property where the person conducting such sale is not regularly
engaged in the business of selling items of personal property (for example, garage sales, service agency
bake sales).
E. Sales by farmers or gardeners of their own farm products raised and grown exclusively upon lands
owned or occupied by them.
F. Providers of Internet or wireless phone services where the provider operates from premises located
outside the City and the only event occurring within the City is receipt of such goods and services.
G. Temporary craft booths and food booths lasting 10 days or less in any one location.
5.05.040 Application procedure.
A. Application for the business license registration or renewal shall be made in writing to the City upon a
form provided by the City, which may be electronic, and which may be through any agency the City has
contracted with for processing of license registration applications. Business license registrations shall
include a physical address for the business which shall not be a post office box or a mail delivery
designation for addresses associated with a commercial mail receiving agency. Complete applications
shall include all necessary information as set forth on the form, any additional information requested by
the City such as additional information about the nature of the business operations, and complete payment
of any applicable fees.
B. If the applicant is a partnership, the application shall be made by one of the partners; if a corporation,
by one of the officers thereof; if a foreign corporation, partnership or nonresident individual, by the
resident agent or local manager of the corporation, partnership or individual.
Page 3 of 5
DRAFT
C. Home Businesses. A business license registration application for a home business shall not be
approved until a home business permit is applied for and received from the City by the applicant.
D. Review. The City Manager or designee shall review each application for completeness and may
return any application that is incomplete. The City Manager or designee may deny and reject any
applications on grounds listed in and pursuant to SVMC 5.05.070(B). that are inconsistent with applicable
land use regulations, including zoning, home business, or other applicable land use regulations. The City
shall provide applicants with a statement as to the reasons for any denial and rejection of an application.
In the event any application is rejected, the City may, but is not required to, refund any fees collected.
E. Effect of Business License Registration. Receipt of a business license registration shall not be deemed
or construed as approval of or right to any particular land use, approval of a particular structure, facility,
or improvement, or approval under any other code provision. Persons with business license registrations
shall comply with all applicable code provisions, including but not limited to land use, zoning,
environmental, and building regulations. The City may enforce such provisions regardless of any business
license registration that may have been received by an owner or operator.
5.05.050 Fee.
A. City business license registration shall occur on an annual basis and shall automatically expire one
year from the date of registration or renewal for which the City registration or previous renewal was
issued.
B. An annual fee shall be charged for registering a business or businesses and renewing any license
registration. Business license registration fees shall be established by city council through adoption of a
resolution. The City may impose an additional delinquency fee for any late renewal that is not paid by the
applicable annual renewal due date.
5.05.060 Transfer or sale of business — New registration required.
Upon the sale or transfer of any business, the license registration issued to the prior owner or transferer
shall automatically expire on the date of such sale or transfer and the new owner intending to continue
such business in the City shall apply for a new license registration pursuant to the procedures established
by Chapter 5.05 SVMC.
5.05.070 Violation — Penalty.
A. Violation. Failure to comply with any provision herein shall be a violation of Chapter 5.05 SVMC.
The City may seek any remedy available by law, including but not limited to denial, suspension or
revocation of a business license registration and imposition of penalties pursuant to SVMC 5.05.070(DG).
B. Suspension or Revocation. Grounds for denial, suspension, or revocation of license. The City
Manager or designee may deny, suspend, or revoke a business license registration when they have reason
to believe based upon investigation of documents, physical evidence, or witness statements that the
following grounds exist:
1. The license application contains an omission or misrepresentation of material fact;
2. The license application is inconsistent with applicable land use regulations, including zoning,
home business, or other applicable land use regulations;
3. The license was procured by fraud,
4. The license is used, or intended to be used, for a business materially different from that applied
for -
Page
DRAFT
5. A violation of any of the requirements of chapter 5.05 SVMC-,.
6. The business operates in a manner that constitutes a nuisance pursuant to common law or the laws
and regulations of the state or City,
7. The business, licensee, or the employee, director, manager, partner or agent of the business or
licensee is cited by law enforcement or any other regulatory authority for violation of any regulation
or law authorizing or regulating the license, or regulating the business, activity, or thing for which
the license was issued, regardless of whether such citation results in a conviction by a court; or
8. The business or licensee fails to comply with any other applicable local, state, or federal law or
regulation.
C. In the event the Ci4j-City Manager or designee determines to deny, suspend or revoke a City business
license registration, ithe/she shall issue a determination in writing to the business owner listed on the
license registration stating the basis for such determination, the business owner's rights to appeal, and the
effect of the determination. The determination shall be sent by certified mail return receipt requested, and
shall become effective three days after issuance. A business owner shall cease all business operations
upon denial, suspension or revocation of a business license registration. A determination to deny, suspend
or revoke a license registration shall not in any way limit the City's right to any other remedy, including
but not limited to assessment of applicable penalties.
DC. Penalty. Any person, firm, or corporation who knowingly violates or fails to comply with any term or
provision of Chapter 5.05 SVMC shall be deemed to have committed a civil infraction. A person, firm, or
corporation found to have committed a civil infraction shall be assessed a daily monetary penalty
pursuant to RCW 7.80.120, as adopted or subsequently amended, including any applicable statutory
assessment. The penalties shall be assessed as follows:
1. First offense: Class 3 civil infraction.
2. Second offense arising out of the same facts as the first offense: Class 2 civil infraction.
3. Third offense and any other subsequent offenses arising out of the same facts as the first offense:
Class 1 civil infraction.
5.05.080 Appeal.
A. A person may appeal any (1) determination of a violation of Chapter 5.05 SVMC other than violations
associated with the imposition of penalties, which shall be appealed pursuant to SVMC 5.05.080(B), (2)
denial, suspension, or revocation of a City business license registration, or (3) determination that a person
is engaged in business and the person disputes that determination to the city managerCity's Hearing
Examiner within 14 days of such determination. The date of determination shall be three days after the
date that the determination is mailed by the City to the address listed on the City business license
registration. In order for an appeal to be considered, the business owner or applicant shall provide a
written statement that describes with particularity the reasons why the City's decision was in error and the
reasons the city manager should reverse the denial, suspension, or revocation. An appeal shall be
accompanied by payment of any applicable appeal fees to be considered timely. The city manager shall
review the appeal and issue a written decision to uphold, modify, or reverse the determination within 30
days of receipt of the appeal. The city manager'sHearing Examiner's decision is the final decision of the
City and may be appealed to the Spokane County superior court within 21 days of the date of the city
manager's decision being issued.
B. Appeals of the imposition of penalties shall be made pursuant to Chapter 7.80 RCW.
Page 5 of 5
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 18, 2023 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Review of Potential and Pending Projects Worksheet and allocation of
Capital Reserve Fund #312 reserves.
GOVERNING LEGISLATION: n/a
PREVIOUS COUNCIL ACTION TAKEN: Council last discussed the Potential and Pending
Projects Worksheet at the September 27, 2022 meeting.
BACKGROUND: Each year the City prepares an annual budget, and in the 2024 Budget
development cycle Council will ultimately have an opportunity to discuss the budget on eight
separate occasions beginning with the June 13, 2023 Budget Workshop and ending with the
scheduled November 7, 2023 budget adoption. As part of this process Council discusses the
Potential and Pending Projects worksheet and prioritizes how money in Capital Reserve Fund
#312 should be allocated.
OPTIONS: Council discussion.
RECOMMENDED ACTION OR MOTION: No recommended action at this time. This is
Council's first touch on this topic and we're interested in refining Council priorities and how they
collectively feel this money should be allocated. Staff will return with follow-up reports as the
2024 Budget development progresses and will seek consensus from Council on how Capital
Reserve Fund #312 reserves should be allocated.
BUDGET/FINANCIAL IMPACTS: This is one of the multitude of decisions that are part of the
budget development process that will conclude with Council's scheduled November 7, 2023
adoption of the 2024 Budget
STAFF CONTACT: John Hohman, City Manager, and Chelsie Taylor, Finance Director
ATTACHMENTS:
• Allocation Worksheet for Capital Reserve Fund #312
• Potential and Pending Projects Worksheet
P:\City Clerk\AgendaPackets for Web\2023\2023, 04-18\allocation of 2023 transfer to Fund 312
CITY OF SPOKANE VALLEY, WA
Allocation of 2023 General Fund Transfer to Capital Reserve Fund #312
New 2023 Sources of Funds:
General Fund - 2023 transfer of 2021 fund balance >50%
Total 2023 additional sources
Less 2023 Allocations and Adjustment to Date:
- Adjust Flora Rd Property grant funding
- Adjustments to Capital Reserve Fund #312 financed
projects that were previously underway
Total allocated/changes to allocations thus far
(1,000,000)
39,631
4/18/2023
5,358,054
5,358,054
(960, 369)
Remaining to be Allocated 4,397,685
Potential Allocation Concepts to be Discussed by Council
- Greenacres Park City Match
- City Hall Repairs
- Balfour Property Repairs 8, Equipment
Total 500,000
500,000
Remaining to be Allocated 3,897,685
CITY OF SPOKANE VALLEY, WA
Pending 1 Potential Projects W orksheet
Completed or ln-progress:
- Projects completed in prior years (see attached list on pg 2)
- Pavement Pres Program Fund#311 (through 2021)
Bridging the Valle(
-Barker Road / BNSF Grade Separation*
-Pines Road Underpass*
-Sullivan & Trent Interchange
Barker Road corridor improvements
-Barker/UP Railroad Crossing
-South Barker Corridor Projects
- Sullivan Park water line installation
- Balfour Park Development Phase 1
-Balfour Park multipurpose building
- Fair and Expo Center Expansion (design)
- Spokane Valley River Loop Trail (design)
- School Zone Beacons
- Police Vehicle Replacements
- Sculpture Placement Costs
- Surface Treatment Pilot Program
- City Hall Repairs
Future Construction:
Estimated
Total
Project
Cost
P:\1. General Governance \ Budget \2024 Budget\018.014 Finance \Potential and Pending Projects
1 4/18/2023 1
Grant Financed
Secured
Grants
Potential /
Anticipated
Grants
General
Fund
Fund 101
Street
Fund
Fund 103
Paths &
Trails
Fund 104
Hotel/Motel
Tax Facilities
Fund 106
Solid Waste
Fund
Project Financing
City Financed
Fund 123
Civic Facilities
Replacement
Fund 309
Parks Capital
Project
Fund 310
Civic Buildings
Capital Projects
Fund 312
Capital
Reserve
Fund 301/302
REET
Fund 402/403
Stormwater
or APA
Bond
Financed
Other
Total
Unfunded
59,174,845 21,323,969 0 19,894 21,216 109,300 0 0 0 320,322 1,157,36824,358,163 469,106 0 7,849,5733,545,934 59,174,845 0
N/A 8,576,753 0 10,744,573 972,64.4 0 0 5,659,336 2,^00,CCC 0 0 0 9,261,664 0 0 1,397,035 39,020,661 N/A
24,671,321 21,041,000 0 0 0 0 0 0 0 0 0 1,421,321 2,209,000 0 0 0 24,671,321 0
39, 666,385 38,093,821 0 1,200,000 0 0 0 0 0 0 0 2,985,417 0 0 0 0 42,279,238-L(2,612,853)
a00,000 0 0 0 0 0 0 0 0 0 0 50Q000 0 0 0 0 500,000 0
43,000,000 6,569,500 23,000,000 0 0 0 0 0 0 0 0 500,000 0 0 0 0 30,069,500 12,930,500
1,849,000 1,271,397 0 0 0 0 0 0 0 0 0 577,603 0 0 0 0 1,849,000 0
18,800,000 6,533,275 8,666,725 0 0 0 0 0 0 0 0 0 0 0 0 3,600,000 18,8O0,000 0
539,000 126,100 0 0 0 0 0 0 0 0 0 412,900 0 0 0 0 539,000 0
863;364 0 0 0 0 0 0 217,C8G 0 0 0 264,024 188,007 1- ,66 0 17,OOG 863,264 0
4,549,233 0 0 427,327 0 0 0 0 0 0 40,192 4,081,714 0 0 0 0 4,549,233 0
950,000 0 0 0 0 0 0 0 0 0 0 950,000 0 0 0 0 950,000 0
9,982,000 750,000 0 0 0 0 3, 500,000 0 0 0 0 10,369 0 0 0 0 4,26Q 369 5,721,631
1,750,000 0 0 0 0 0 0 0 0 0 0 1,750,000 0 0 0 0 1,750,000 0
225,000 0 0 0 0 0 0 0 0 0 0 225,000 0 0 0 0 225,000 0
1,400,000 0 0 0 0 0 0 0 0 0 0 1,400,000 0 0 0 0 1,400,000 0
64,000 0 0 0 0 0 0 0 0 0 0 64,000 0 0 0 0 64,000 0
250,000 0 0 0 0 0 0 0 0 0 0 250,000 0 0 0 0 250,000 0
?? 0 0 0 0 0 0 0 0 0 0 4,547,804 0 0 0 0 ?? 0
- Phase 2 & 3 - Appleway Landscaping (Park to University) 3,000,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3,000,000
- Park land acquisition 1,000,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,000,000
- Railroad Quiet Zones study 85,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 85,000
- Appleway Trail - Balfour to University 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
- Argonne Bridge at 1-90 24,000,000 1,297,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,297,500 22,702,500
- Earmark for future surprises/challenges N/A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N/A
Total of Capital Projects
included in 6-year TIP
236,317,148 105,583,315 31,666,725 12,391,794 993,860 109,300 3,500,000 5,877,021 2,408,656 320,322 1,197,560 44,288,315 12,127,867 183,662 7,849,573 8,560,865 232,511,031 42,826,778
apical Reserve Fund#312 1
Sources
General Fund transfers - 2013 through 2018 38,916,950
General Fund - 2022 transfer of 2020 fund bal > 50% 3,593,000
General Fund - 2023 transfer of 2021 fund bal > 50% 5,358,054
Developer contribution (Library District) - 2013 3,180
Developer contribution (Library District) - 2014 4,675
Net proceeds on sale of Carnahan properties - 2018 373,397
Transfer in - #309 (Flora land aquisition) 200,000
Transfer in - #310(excess fund balance) 38,752
Transfer in - #313(excess fund balance) 88,589
State funding to reimburse Flora Rd Property 0
Net proceeds on sale of Balfour riding arena - 2021 109,403
48,686,000
Projects Completed in Prior Years 24, 358,163
Barker Road/ BNSF Grade Separation 1,421,321
Pines Road Underpass 3,485,417
Sullivan & Trent Interchange 500,000
Sullivan Park water line installation 412,900
Barker Road corridor improvements 577,603
Balfour Park development 5,031,714
' l 24
Fair and Expo Center Expansion 10,369
Spokane Valley River Loop Trail 1,750,000
School Zone Beacons 225,000
Police Vehicle Replacements 1,400,000
Sculpture Placement Costs 64,000
Surface Treatment Pilot Program 250,000
City Hall Repairs 4,547,804
44,288,315
Difference 4.397.685
completed
in -progress
in -progress
in -progress
in -progress
in -progress
in -progress
completed
suspended
in -progress
in -progress
in -progress
in -progress
in -progress
Page 1 of 2
P:\1. General Governance \ Budget \2024 Budget\018.014 Finance \Potential and Pending Projects
CITY OF SPOKANE VALLEY, WA I 4/18/2023 I
Pending 1 Potential Projects W orksheet
Capital Projects Completed in Prior Years:
- Phase 1 - Appleway Landscaping (Dora to Park)
- Business Route Signage
- Joint Site Design - Balfour Park/Library
- Sullivan Road West Bridge replacement
- City Hall
- Sculpture siting at City Hall
- Appleway Trail - University to Pines (Completed)
- Appleway Trail - Pines to Evergreen (Completed)
- Carnahan & 8th - ROW acquisition
- Remove & reconstruct Euclid Ave (Flora to Barker)
after County installation of sewer
- Bus stops and pedestrian crossings on Indiana Ave.
- SVPD land acquisition
- Transfer to Street O&M Fund #101 for 2019 operating deficit
- Transfer to Street O&M Fund #101 for 2020 operating deficit
- Appleway Trail - Sullivan to Corbin (CN2018)
- Appleway Trail - amenities- University to Pines (CN 2019)
- Garland Ave Construction
- Flora park land acquisition
- Appleway Trail - Evergreen to Sullivan (CN2020)
- Sullivan Park land acquisition
- Ponderosa land acquisition
- Flora & Montgomery Trailhead land acquisition
- Closing costs for Summerfield land donation
- Sprague Ave land acquisition
- Barker Road corridor improvements
-Euclid to Trent
-Euclid to Spokane River
Estimated
Total
Project
Cost
Grant Financed
Secured
Grants
Potential /
Anticipated
Grants
General
Fund
Fund 101
Street
Fund
Fund 103
Paths &
Trails
Fund 104
Hotel/Motel
Tax Facilities
Fund 106
Solid Waste
Fund
Project Financing
City Financed
Fund 123
Civic Facilities
Replacement
Fund 309
Parks Capital
Project
Fund 310
Civic Buildings
Capital Projects
Fund 312
Capital
Reserve
Fund 301/302
REET
Fund 402/403
Stormwater
or APA
Bond
Financed
Other
Total
Unfunded
261,993 0 0 0 0 0 0 0 0 0 0 261,993 0 0 0 0 261,993 0
21,139 0 0 0 0 0 0 0 0 0 0 21,139 0 0 0 0 21,139 0
57,601 0 0 0 0 0 0 0 0 0 0 57,601 0 0 0 0 57,601 0
15,493,248 13,046,330 0 0 0 0 0 0 0 0 0 1,713,284 365,803 365,803 0 367,831 15,859,051 (365,803)
14,104,025 0 0 0 0 0 0 0 0 0 1,157,368 5,097,084 0 0 7,849,573 0 14,104,025 0
46,760 0 0 0 0 0 0 0 0 0 0 46,760 0 0 0 0 46,760 0
1,614,679 0 0 0 0 59,300 0 59,300 0 0 0 1,452,026 103,303 103,303 0 50 1,777,282 (162,603)
1,970,654 1,696,1920 0 0 0 0 0 0 0 0 274,462 0 0 0 0 1,970,654 0
679,821 0 0 0 21,216 0 0 0 0 0 0 658,605 0 0 0 0 679,821 0
2,927,167 0 0 0 0 0 0 0 0 0 0 1,743,537 0 0 0 1,183,630 2,927,167 0
71,486 0 0 0 0 0 0 0 0 0 0 71,486 0 0 0 0 71,486 0
226,680 0 0 0 0 0 0 0 0 0 226,680 0 0 0 0 226,680 0
907,000 0 0 0 0 0 0 0 0 0 0 907,000 0 0 0 0 907,000 0
1,364,706 0 0 0 0 0 0 0 0 0 0 1,364,706 0 0 0 0 1,364,706 0
2,315,283 1,783,000 0 0 0 50,000 0 0 0 180,383 0 301,900 0 0 0 0 2,315,283 0
699,153 539,320 0 19,894 0 0 0 0 0 139,939 0 0 0 0 0 0 699,153 0
1,475,240 0 0 0 0 0 0 0 0 0 0 800,396 0 0 0 674,844 1,475,240 0
2,095,711 0 0 0 0 0 0 0 0 0 0 2,095,711 0 0 0 0 2,095,711 0
2,395,000 2,071,675 0 0 0 0 0 0 0 0 0 323,325 0 0 0 0 2,395,000 0
844,000 0 0 0 0 0 0 0 0 0 0 844,000 0 0 0 0 844,000 0
1,583,326 0 0 0 0 0 0 0 0 0 0 1,583,326 0 0 0 0 1,583,326 0
286,216 0 0 0 0 0 0 0 0 0 0 286,216 0 0 0 0 286,216 0
6,339 0 0 0 0 0 0 0 0 0 0 6,339 0 0 0 0 6,339 0
2,230,449 0 0 0 0 0 0 0 0 0 0 2,230,449 0 0 0 0 2,230,449 0
2,280,904 0
3,216,265 2,187,452
0 0 0 0 0 1,730,682 0 0 550,222 2,280,904 0
0 0 0 0 0 259,456 0 0 769,357 3,216,265 0
59,174,845 21,323,969 19,894 21,216 109,300 59,300 0 320,322 1,157,368 24,358,163 469,106 469,106 7,849,573 3,545,934 59,703,251 (528,406)
Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 18, 2023 Department Director Approval: ❑
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Admin Report — Legislative D.C. Trip Update
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND:
This admin report will recap the City's March 28 and 29 meetings held in Washington, D.C. The
City of Spokane Valley's delegation included Mayor Pam Haley, Deputy Mayor Rod Higgins,
Councilmember Laura Padden, City Manager John Hohman, City Engineer Gloria Mantz,
Engineering Manager Adam Jackson and Legislative Policy Coordinator Virginia Clough. We
were joined by Mike Pieper and Sherry Little from Cardinal Infrastructure, the City's federal
lobbying firm.
Six meetings were held as outlined below to discuss key projects, policy issues, and available
resources to assist with City of Spokane Valley initiatives.
1. Federal Railroad Administration (FRA) and U.S. Department of Transportation
(USDOT):
The City met with the following individuals:
• Sabrina McNeal, FRA Intergovernmental Affairs
• Wynne Davis, FRA Deputy Director, Senior Advisor for Regional Outreach
• Karla Maffett, FRA Western Region Team Lead
• Andrew Peternith, FRA Western Region Project Manager
• Charles Small, USDOT Deputy Assistant Secretary, Intergovernmental Affairs
Discussion Items:
Pines and Barker Grade Separation Projects, grant administration consolidation, Sullivan/Trent
Interchange, South Barker Road Corridor Project, and Argonne Bridge Improvements at 1-90.
2. USDOT/Office of Infrastructure Finance and Innovation:
The City met with John Augustine, Director of the Office of Infrastructure Finance and Innovation.
Discussion Items:
Pines and Barker Grade Separation Projects, Sullivan/Trent Interchange, South Barker Road
Corridor Project, Argonne Bridge Improvements at 1-90, East Regional Multi -jurisdictional
Transportation Project, grant administration consolidation, and grant application review and
process.
3. U.S. Department of Housing and Urban Development (HUD):
The City met with the following individuals:
• Claudia Monterrosa, Deputy Assistant Secretary, Office of Grant Programs in Community
Planning and Development
• Beth Hendrix, Senior Advisor, Office of Grant Programs
• Patrick Byrne, Senior Advisor, Office of Congressional and Intergovernmental Relations
• Pam Blumenthal, Social Science Analyst
• Seema Thomas, Deputy Director (Section 108 Loan Guarantee Program)
• Jorge Morales -Ramos, Loan Financing Specialist (Section 108 Loan Guarantee Program)
Discussion Items:
Programs and financing tools to meet community housing needs, leveraging Community
Development Block Grant (CDBG) funds with public and private dollars, Neighborhood
Revitalization Strategy Areas for entitlement communities, and Section 108 Loan Guarantee
Program.
4. Office of U.S. Senator Maria Cantwell:
The City met with Legislative Assistant Naseem Mehyar and Legislative Correspondent Josie
McKinley.
Discussion Items:
Pines and Barker Grade Separation Projects, Sullivan/Trent Interchange, South Barker Road
Corridor Project, Argonne Bridge Improvements at 1-90, grant administration consolidation, and
Congressionally Directed Spending (CDS) Requests for 2024.
5. Office of U.S. Senator Patty Murray:
The City met with Senator Murray and Senior Policy Advisor Amanda Wyma-Bradley.
Discussion Items:
Pines and Barker Grade Separation Projects, Sullivan/Trent Interchange, South Barker Road
Corridor Project, Argonne Bridge Improvements at 1-90, grant administration consolidation,
Congressionally Directed Spending (CDS) Requests for 2024, and CHIPS and Science Act
Program opportunities.
6. Office of U.S. Representative Cathy McMorris Rodgers:
The City met with Representative McMorris Rodgers and Legislative Assistant Kendall Dehnel.
Discussion Items:
Pines and Barker Grade Separation Projects, Sullivan/Trent Interchange, South Barker Road
Corridor Project, Argonne Bridge Improvements at 1-90, upcoming Town Hall meeting, and
Congressionally Directed Spending (CDS) Requests for 2024.
RECOMMENDED ACTION OR MOTION: Discussion
BUDGET/FINANCIAL IMPACTS: N/A
STAFF CONTACT: Virginia Clough, Legislative Policy Coordinator/Project Manager
ATTACHMENT: PowerPoint Presentation
Washington, D.C.
Trip Update
Federal Railroad Administration & USDOT
• RAISE Award Thank You
for Pines GSP
• Consolidate Grant
Administration with FRA
and FHWA
• Barker GSP Ribbon Cutting
• Funding Requests
• Sullivan/Trent Interchange
• S. Barker Road Corridor
• Argonne Bridge at 1-90
2
U.S. Department of Transportation (USDOT)
• Thank You for Previous Awards
• Consolidate Grant
Administration with FRA and
FHWA
• Q&A for Submittal and Review
of Grant Applications
• Funding Requests
• Sullivan/Trent Interchange
• S. Barker Road Corridor
• Argonne Bridge at 1-90
3
U.S. Department of Housing & Urban Development
• HUD Program Overview
• CDBG Funds
• Neighborhood Revitalization
Strategy Areas
• Section 108 Loan Guarantee
Program Presentation
• Leveraging HUD funds with
public and private dollars
4
2024 Funding Requests
South Barker Road
Corridor Projects
SPOkane
pie Barker Road rouiior parallels the eastern
boundary of Spokane Valley The road intersects with
Interstate 90 providing access to mote than 800 saes
of industrial property and 22a saes of homes. The
area is experiencing rapid industrial growth north of
the interstate, and enp®ndirg residential
neighborhoods south of the interstate is Spokane
County, and saw in the City of Liberty take. Barker
Road is a key arterial for vrehides screwing Interstate
90 a the east -west Sprague Avemre corridor.
Project Partners
Federal Highway AadmitheFrado
Wasogton Sine Dept_ ofT7m on
Spokme Cry
Spokane Re�®al Transportation Comma
Greater Spokane Valley Chemins of Cmerensoe
Projects & Requests
Aius am in miniomr of d&Lma (I di}
]Mission to Boone - $6-0 M
Reemsnucrion Wider to i Lanes R.fot Started)
0 I-90 Interchange & Bridge
WSDOT Project Excluded ion Request
0 I-90 to Appleway - 57.0 M
Reconstruction Lbidee ro : Lanes (Not Stored)
0 Spragnealarker Roundabout - $2.7 M
Single Lane Roundabout (Completed in 1012)
0 Appleway to City Bo®dare - $7d M
Recoasnucdao: Widen rr 3 Lanes (1a1Doo n)
0/Borker Roandahoit - $3.0b1
Single Lane Roundabmn (k Design)
8'6IBarkee Roundabout -$2.6 ]M
Single lane Roundabout fin Design)
CompletedProjec s:
Secured Rinds:
Impact Feu:.
Fund> Requested,
Tonal Ca>t:
Funding Status
S2.7 Million
4.1 Million
3.6 Million
18.3 Malian
$18.7 Million
Sullivan/Trent
Interchange Project 1Val1ey•
GOAL: Rebuild interchange with new bridges at Trent Ave. & BNSF Track
The City will reconstruct the interchange at Trent Avenue (SR 290) and Sullivan Road, one of the
region's busiest urban corridors. Due to tremendous growth and the 2022 connection of Bigelow
Gukh Road corridor, the interchange is expected to fail by year 2030. Sullivan Road, between I-
90 and SR 290 is home to 4,000 jobs, 85% directly related to freight. Large employers, including
Spokane Business & Industrial Park (SBP), Kaiser Aluminum, Mercer Mass Timber, and
Amazon, move their goods and employees via Sullivan Road and Bigelow Gulch Road. The
Sullivan Road bridge over Trent Avenue is 62 years old and has a -Poor- condition rating. Bridge
height is coo short and girders have been struck six times in last 10 years.
—
Proposed - Ne.n Raundabovv;
Project Highlights
• Safety: Eliminates dangerous hen turns and
minimizes fnallsevere angle collisions
• Bridge Condition: Restores substandard
bridges to promote freight expansion
• Traffic Capacity: 2030 Level of Service
(LOS) improves from "F" to "A'
• All Users: New shared use path and
sidewalk provides safety and comfort
• Community': Support for proposed design
Funding - 542 M Total Cost
$ 4.0 \nllioo Design (Fully Funded)
$ 1.$ Minion Rightof Way (Fully Funded)
$36.5 Million Constr uefion (Unsecured)
Funding Need: $36.5 Million
Request -RAISE FY23: $17.2 Million
Request-CDS FY 24: $3 Million
SECUREDFUNDING ($7.6Milhonl
$1,025,000City Fun& (seemed+committed)
$2,552,000 National Highway Freight Program
$1,357,500 Spokane Regional Transportation Connell
52,650,000 FY23 CDS Awed
Future Funding Request
Argonne Road Bridge
Improvements at Interstate 90 .0,00Ualley
Problem Statement
The Argonne Road bridge over Interstate 90
(I-90) is the critical bottleneck for people and
goads moving through Spokane Valley and
eastern Spokane County. The bridge is old,
undersized, weight -restricted, has insufficient
clearance over 1-90, and dramatically traits
mobility for all users through the commercial and
industrial corridor.
The bridge requires a third travel lane and
new shored -use path over 1-90 to handle
projected traffic volumes while safely
accommodating all non -motorized users.
Current Funding
In 2022, the City was awarded $1.2 mullion for
desig', by Spokane Regional Transportation
Council (SRTC) to identify a solution: widen the
existing bridge or construct a new bridge. The
City anticipates beginning design m 2023.
Project Partnerships
By 2026, Spokane Transit Authority (STA), the remon's transit provider, expects to start building its
I-90 regional Park & Ride Facility along the south limits of the interchange. This transit project will be
funded primarily by the Washington Dept. of Transportation (WSDOT). Together, the City, STA, and
WSDOT will be responsible for collaborating to deliver both projects_
Nest Steps
The City will pursue design m 2023 while developing the project scope_ The project has a preliminary
total cost estimate of $24 million. The City anticipates pursuing federal grant opportunities once the
scope is more clearly defined and amerce refined oast estimate is created.
Key Project Considerations A Regionally Important Corridor
• Ex two-lane badge has critical shortcomings. • Argonne Corridor is highly rated by WSDOT_
✓ Insufficient bridge clearance over I-90 ✓ National Highway System Type 1
✓ Weight restricted and WSDOT rated 'tau" ✓ Freight & Goods Tramp _ System Tier 1
✓ No pedestrian or bicycle Facilities provided ✓ Congestion Management Process Tier 1
(new shared use path is proposed)
U.S. Office of Senator Maria Cantwell
• Thank You for Previous Awards
• Ribbon Cutting for Barker GSP
(April 2023) and Groundbreaking
for Pines GSP (in 2024)
• CDS Requests for 2024
U.S. Office of Senator Patty Murray
• Thank You for Previous Awards
• Ribbon Cutting for Barker GSP
(April 2023) and
Groundbreaking for Pines GSP
(in 2024)
• CHIPS and Science Act
Opportunities
• CDS Requests for 2024
U.S. Office of Rep. Cathy McMorris Rodgers
• Thank You for Previous
Awards
• Ribbon Cutting for Barker
GSP (April 2023) and
Groundbreaking for Pines
GSP (in 2024)
• Town Hall at CenterPlace
• CDS Requests for 2024
DRAFT
ADVANCE AGENDA
as of April 13, 2023; 10:30 a.m.
Please note this is a work in progress; items are tentative
To: Council & Staff
From: City Clerk, by direction of City Manager
Re: Draft Schedule for Upcoming Council Meetings
April 25, 2023 Formal Meeting, 6:00 p.m. [due Tue April 18]
Proclamation: Arbor Day
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. First Reading Ordinance 23-008 Amending Business Licensing - Tony Beattie (10 minutes)
3. First Reading Ordinance 23-009 Amending Massage Business - Tony Beattie (10 minutes)
4. Admin Report Local Access Street Preservation - Gloria Mantz (15 minutes)
5. Admin Report: Painted Hills Update - Lori Barlow, Bill Helbig (15 minutes)
6. Admin Report: Chronic Nuisances Update - Erik Lamb (15 minutes)
7. Admin Report: Advance Agenda - Mayor Haley (5 minutes)
8. Info Only: Department Monthly Reports [*estimated meeting: 75 mins]
May 2, 2023 Study Session, 6:00 p.m. [due Tue April 25]
Proclamation: Older Americans Month
ACTION ITEMS
1. Second Reading Ordinance 23-008 Amending Business Licensing - Tony Beattie (10 minutes)
2. Second Reading Ordinance 23-009 Amending Massage Business - Tony Beattie (10 minutes)
3. Motion Consideration: 8th Ave Sidewalk & Preservation Bid Award - Erica Amsden (10 minutes)
4. Motion Consideration: Park Rd Sidewalk Bid Award - Erica Amsden (10 minutes)
5. Motion Consideration: ARPA Allocations - Erik Lamb, Chelsie Taylor (10 minutes)
6. Mayoral Appointment: LTAC Alternate Committee Member Appointments - Mayor Haley (5 minutes)
7. Mayoral Appointment: SHA Committee Member - Mayor Haley (5 minutes)
8. Motion Consideration: Tourism Promotion Area - Mike Bassinger (10 minutes)
NON -ACTION ITEMS
9. Parks Maintenance Update - John Bottelli (10 minutes)
10. Advance Agenda - Mayor Haley (5 minutes)
[*estimated meeting: 85 mins]
May 9, 2023, Formal Meeting, 6:00 p.m. [due Tue May 2]
Proclamation: Asian American & Pacific Islander Heritage Month
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Motion Consideration: Broadway Preservation PH 1 Bid Award - Rob Lochmiller (10 minutes)
3. Motion Consideration: Dept. Emergency Mgmt (DEM) Renewal - Erik Lamb, Morgan Koudelka (10 minutes)
4. Admin Report: CDBG Interlocal - Eric Robinson (15 minutes)
5. Admin Report: Aquatics Update - Kendall May (10 minutes)
6. Parks & Recreation Programs - Kendall May (10 minutes)
7. Admin Report: 2023 Budget Amendment - Chelsie Taylor (10 minutes)
8. Admin report: 2024 Council Budget Goals - John Hohman (15 minutes)
9. Admin Report: Advance Agenda - Mayor Haley (5 minutes)
[*estimated meeting: 90 mins]
May 16, 2023 Study Session, 6:00 p.m. [due Tue May 9]
ACTION ITEMS
1. PUBLIC HEARING: 2023 Budget Amendment - Chelsie Taylor (10 minutes)
2. First Reading Ordinance Amending 2023 Budget - Chelsie Taylor (5 minutes)
3. Motion Consideration: Broadway & Park Intersection Bid Award - Rob Lochmiller (10 minutes)
4. Motion Consideration: Barker at UPRR Crossing PH 2 Bid Award Rob Lochmiller (10 minutes)
5. Motion Consideration: Summerfield E Neighborhood Preservation Bid Award - Rob Lochmiller (10 minutes)
NON -ACTION ITEMS
6. Advance Agenda - Mayor Haley (5 minutes)
[*estimated meeting: 50 mins]
Draft Advance Agenda 4/13/2023 2:54:26 PM Page 1 of 2
May 23, 2023 Formal Meeting, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Second Reading Ordinance Amending 2023 Budget — Chelsie Taylor
3. Motion Consideration: Pines & Mission Intersection Improvements — Rob Lochmiller
4. Admin Report: CDBG Interlocal, Re -qualification — Eric Robinson
5. Admin Report: Six -Year TIP — Adam Jackson
6. Admin Report: Advance Agenda — Mayor Haley
7. Info Only: Department Monthly Reports
May 30, 2023 Study Session, 6:00 p.m.
1. Legislative Update — Virginia Clough, Briahna Murray
2. Advance Agenda — Mayor Haley
[due Tue May 16]
(5 minutes)
(5 minutes)
(5 minutes)
(15 minutes)
(15 minutes)
(5 minutes)
[*estimated meeting: 50 mins]
June 6, 2023 Study Session, 6:00 p.m.
ACTION ITEMS:
1. Motion Consideration: Pines & Mission Intersection Bid Award — Rob Lochmiller
2. Motion Consideration: Interlocal Agreement, CDBG Re -qualification — Eric Robison
NON -ACTION ITEMS:
3. Advance Agenda — Mayor Haley
June 13, 2023, Special Meeting: 2024 Budget Workshop 8:30 a.m. — 2:30 p.m.
June 13, 2023, Formal Meeting, 6:00 p.m. meeting cancelled
AWC Conf Spokane June 20-23
June 20, 2023 Study Session, 6:00 p.m.
ACTION ITEMS:
1. Public Hearing: Six -Year TIP — Adam Jackson
2. Resolution 23- Adopting Six -Year TIP — Adam Jackson
NON -ACTION ITEMS:
3. Advance Agenda — Mayor Haley
June 27, 2023 Formal Meeting, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Admin Report: Advance Agenda — Mayor Haley
3. Info Only: Department Monthly Reports
July 4, 2023 Study Session, 6:00 p.m. (meeting cancelled)
July 11, 2023, Formal Meeting, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Admin Report: Advance Agenda — Mayor Haley
July 18, 2023 Study Session, 6:00 p.m.
1. Goals & Priorities for Use of Lodging Tax Funds — Chelsie Taylor
2. Advance Agenda — Mayor Haley
*time for public or council comments not included
OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS:
Appleway Trail Amenities Mirabeau Park Forestry Mgmt.
Basement space Park Lighting
Drug Possession Ordinance Pavement Mgmt. Funding
Governance Manual PFD Presentation
Hearing Examiner Interlocal Prosecutor Services
HHAA Update Protection of Utility Infrastructures
Library Project Update Recreation Program Interlocal
[due Tue May 23]
(25 minutes)
(5 minutes)
[due Tue May 30]
(10 minutes))
(15 minutes)
(5 minutes)
[due Tue June 61
[due Tue June 13]
(10 minutes)
(5 minutes)
(5 minutes)
[due Tue June 20]
(5 minutes)
(5 minutes)
[due Wed July 5]
(5 minutes)
(5 minutes)
[due Tue July 11]
(15 minutes)
(5 minutes)
SCRAPS Update
St. O&M Pavement Preservation
Street Scaping, signs, trees, etc.- info
Transportation Benefit District
Vehicle Wgt Infrastructure Impact
Yellowstone Franchise Agreement
Draft Advance Agenda 4/13/2023 2:54:26 PM Page 2 of 2