Resolution 23-008 Amends PC Rules of Procedure CITY OF SPOKANE VALLEY
SPOICANE COUNTY,WASHINGTON
RESOLUTION NO.23-008
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,ADOPTING THE CITY OF SPOKANE VALLEY REVISED PLANNING
COMNIISSION RULES OF PROCEDURE; AND OTHER MATTERS RELATED
THERETO.
WHEREAS, Spokane Valley Municipal Code Section 18.10.030 establishes the rules for the
Spokane Valley Planning Commission, and mandates that the Planning Commission shall adopt rules and
procedures as are necessary for the conduct of business, subject to the approval of the City Council; and
WHEREAS,the Planning Commission Rules of Procedure were last updated and approved by the
City Council on March 24, 2020; and
WHEREAS,the Planning Commission Rules of Procedure state that meetings shall be held at City
Hall of the City of Spokane Valley, unless otherwise identified in the notice of meeting; and
WHEREAS, the Planning Commission recommended revisions to their rules on June 8, 2023,
which temporarily relocates regular meetings to CenterPlace Regional Event Center at 2426 N. Discovery
Place, Spokane Valley, Washington in order to accommodate the work being done at City Hall Council
Chambers; and
WHEREAS,the City Council recognizes the appropriateness of temporarily changing the location
of Planning Commission meetings.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County,Washington as follows:
Section I. Adoption of Spokane Valley Planning Commission Rules of Procedure. The
Spokane Valley City Council hereby adopts the Spokane Valley Planning Commission Rules of Procedure
as recommended by the Planning Commission on June 8, 2023, which are attached hereto and made a part
hereof.
Section 2. All prior Planning Commission Rules of Procedure are repealed. Any previously
adopted versions of the Planning Commission Rules of Procedure and the resolutions which adopted those
previous versions, are hereby repealed in their entirety.
Section 2. Effective Date. This resolution shall be in full force and effect upon adoption.
Adopted this 20`1' day of June, 2023.
CITY OF SPOKANE VALLEY
Pam Haley, Mayor
A Approved as to form:
/ 4 4
pristine Bainbridge, City Clerk f"ie of the City Attorney
Resolution 23-008 Adopting Planning Commission Rules of Procedure Page 1 of 1
City of Spokane Valley
PIanning Commission Rules of Procedure
Adopted by Planning Commission 02-19-05
Revised by Resolution 10-004,02-09-2010
Revised by Resolution 11-010,11-29-2011
Revised by Resolution 12-006, 10-30-2012
Revised by Resolution 20-003,03-24-2020
Revised by Resolution 23-008,06-20-2023
On June 8, 2023, these Revised Rules of Procedure were adopted by the Planning Commission, pending
approval of City Council.
ORGANIZATION AND RULES OF PROCEDURE
1. Name
The "City of Spokane Valley Planning Commission," hereinafter referred to as the "Commission" is an
advisory body created by the City Council for purposes consistent with chapter 18.10 of the Spokane Valley
Municipal Code(SVMC).
2. Location
The Commission meetings shall be held at CenterPlace Regional Event Center, 2426 N. Discovery Place,
Spokane Valley, Washington, unless otherwise identified in the notice of meeting.
3. Officers
A. Unless otherwise required by a vacancy in office, the Commission shall organize every year in
accordance with chapter 18.10 SVMC.
B. Officers of the Commission shall be elected from its membership; the officers shall be Chair and
Vice Chair.
C. Commission members must have served at least one full calendar year to be eligible to be elected
as an Officer.
D. The Chair shall preside over the Commission meetings and exercise all powers incidental to the
office,retaining however,the full right as a member of the Commission to propose motions,second
motions, and have a vote recorded on all matters of the Commission.
E. In the absence of the Chair from any meeting,the Vice-Chair shall perform all the duties incumbent
upon the Chair, and retain the full right as a member of the Commission in the same manner as the
Chair.
4. Secretary of the Commission
A. The City Manager shall assign a Secretary to the Commission.
B. The Secretary shall provide for a recording of all Commission meetings, including public hearings,
and shall ensure that summary minutes of all public hearings and meetings are prepared, approved,
and filed in the public record.
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C, The Secretary shall conduct and record a roll call of the Commission members at each meeting,
public hearing and study session.
5. Attendance:
A. Excused Absences: Members of the Commission may be excused from meetings with
notification to the Chair, Vice Chair, Secretary or Building Official, prior to the meeting,
and by stating the reason for the inability to attend. Following or prior to roll call, the
Presiding Officer shall inform the Commission of the member's absence, and inquire if
there is a consent motion to excuse the member. The motion shall be non-debatable. Upon
consent by a majority of members present,the absent member shall be considered excused
and the Secretary shall make an appropriate notation in the minutes.
B. Unexcused Absences: A Commissioner's responsibility to attend Commission meetings
should not be taken lightly, nor should a decision to remove a Commissioner for missing
meetings. As soon as possible after two consecutive unexcused absences, and prior to a
third consecutive unexcused absence, the absent Commissioner must request a leave of
absence if they desire to remain on the Commission. At a third consecutive meeting where
a Commissioner is not excused and there has been no request for a leave of absence, the
absent Commissioner's seat shall be forfeited effective immediately.
C. Leave of Absence:
i. A Commissioner whose serious health or physical condition would prevent them from
performing the duties of the Planning Commission may ask to be placed on a leave of
absence under the following conditions:
2. Such serious health or physical condition must be certified in writing by a medical
physician.
3. The request for a leave of absence shall be in writing, and hand-delivered or mailed to the
Secretary of the Commission or Building Official at least one week prior to the date when
such leave would commence.
4. The request for a leave of absence must state the anticipated date the Commissioner will
resume their duties.
5. By majority vote of the whole Commission,a leave of absence shall be granted as follows:
6. The absence shall not exceed 90 days from the date the motion is passed by Commission;
7. At the end of the 90-day leave of absence,the absent Commissioner shall either:
a. Return to normal Commission duties commencing with the first Thursday meeting
following the end of the 90-day leave; or
b. Submit a letter of resignation to the Secretary of the Commission.
A leave of absence may only be granted twice during a Commissioner's three-year term, with no
less than six months between each request. Upon approval of a Ieave of absence, the absent
Commissioner shall not be replaced with a pro-tern Commissioner during the absence.
6. Election of Officers
A. Officers shall be elected at the first regular meeting in January of each year,by majority vote of the
membership of the Commission. Terms of office shall run from the first January meeting until
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December 31,or until a successor has been elected.No Commission member shall serve more than
two full consecutive terms as Chair of the Commission. No Commission member shall serve as
Vice-Chair for more than two full consecutive terms.
B. In the event that the Commission has no sitting Chair at the first regular meeting in January, the
Vice-Chair will preside over the Commission until officers are elected.If at the first regular meeting
in January, both the Chair and Vice-Chair are no longer Commission members, the Secretary will
preside over the meeting until Officers are elected.
C. A vacancy in either the Chair or Vice-Chair shall be filled by a special election, to be held at a
convenient time with a majority present. In the event that the office of Chair is vacated,the Vice-
Chair shall serve in that capacity until the required special election is held. No member can hold
two office positions concurrently.
7. Rules of Order
The Secretary shall serve as the official parliamentarian for all meetings and shall keep a copy of the current
"Robert's Rules of Order"in the Council Chambers during Commission meetings. Robert's Rules of Order
shall govern the conduct of all public meetings of the Commission except when they conflict with these
Rules of Procedure.
8. Quorum
A quorum shall consist of a majority of the Commission and no action can be taken in the absence of a
quorum except to adjourn the meeting to a subsequent date. A quorum must be present for all meetings.
9. Voting
A. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion
or other general matter.
B. For the conduct of business dealing with the adoption or changes to the City's Comprehensive Plan,
at least four affirmative votes must be cast.No proxy shall be allowed.
C. Commission members present when the question was called shall give their vote. If any
Commission member refused to vote"aye"or"nay"their vote shall be counted as a nay vote,unless
the Commission member has recused themselves 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.
D. No member may participate or vote on a matter unless the member has been in attendance at all
public hearings regarding such matter, or has listened to the recording of the public hearing and
reviewed the written record of the matter in question.
E. Election of Officers. Each officer, Chair and Vice Chair, must receive a majority vote of the
Commission in order to be elected to the position. Voting may be taken by paper ballot.
10. Meetings
A. There shall be at least one regular meeting each month with additional meetings scheduled as
necessary, except when cancelled as noted below. Regular meetings shall be scheduled on the 2'
and 4th Thursdays of the month, commencing at 6:00 p.m. and ending not later than 9:00 p.m.
Meeting ending time may be extended by a majority vote of the Commission. Meetings may be
used for general planning matters, study sessions or public hearings as described below.
I. Meetings on General Planning Matters. General planning matters to be reviewed by the
Commission will typically be preceded by a study session of the Commission to discuss
the issues with City staff. Generally,no testimony from the public shall be taken at a study
session.
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2. Public Hearing Meeting. A public hearing is a meeting to provide the public an opportunity
to comment or give testimony on a proposed action or items such as the Comprehensive
Plan, or development regulations. The Commission may deliberate upon the item
immediately after the hearing, or during another scheduled meeting(s).
3. Scheduled meetings may be canceled or convened at other times if deemed necessary by
the Chair or, in the absence of the Chair, by the Vice-Chair.Notice of cancellation shall be
given to Commission members, and to the public by posting a notice at City Hall and on
the City's website.
4. The recommended order of business for meetings is:
a. Call to order by Chair.
b. Pledge of Allegiance.
c. Roll call by Secretary.
d. Approval of Agenda.
e. Approval of minutes.
f. Commission member reports.
g. Administrative reports.
h. Public comment.
i. Commission business.
j. For the good of the order.
Ic. Adjournment.
B. Commission meetings shall be held pursuant to the Open Public Meetings Act,chapter 42.30 RCW.
C. Special meetings may be called:
1. By a written or verbal request to the Chair, or in the Chair's absence, to the Vice-Chair, or by
a majority of the members of the Commission,or City staff.
2. By approved motion of the Commission.
3. Notice of a special meeting shall be provided as required pursuant to chapter 42.30.080 RCW,
including posting notice of such meeting at least 24 hours before the time of such meeting as
specified in the notice.
11. Conduct of Hearings
A. Actions for a Commission Public Hearing.
1. Prior to the start of the public hearing, the Chair may require that all persons wishing to be
heard sign in with the Secretary, giving their name, city of residence, the agenda item, and
whether they wish to speak as proponent,opponent,or otherwise.Any person who fails to sign
in shall wait to speak until all those who have signed in have had an opportunity to speak; and
when they speak at the hearing, shall give their name and city of residence. The Chair, subject
to concurrence by the majority of the Commission, may establish time limits and otherwise
control presentations. Such limits shall be established and announced prior to beginning the
hearing. The Chair may change the order of speakers so that testimony is heard in the most
logical groupings, (i.e., proponents, opponents, adjacent owners,vested interests, etc..).
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2. The Chair shall introduce each agenda item, open each public hearing, and announce the
following Rules of Order:
a. All public comments shall be made from the speaker's podium and shall be directed to the
Commission. Any individual making comments shall first give their name and city of
residence. This is required because an official recorded transcript of the public hearing is
being made.
b. It is not necessary to be a proponent or opponent in order to speak. Those who are neither
a proponent nor an opponent, should speak during the proponent portion and indicate that
they are neither a proponent nor an opponent.
c. No comments shall be made from any other location, and anyone making "out of order"
comments shall be subject to removal from the meeting as allowed by law.
d. We ask that there be no demonstrations,applause or other audience participation during or
at the conclusion of anyone's presentation. It is distracting to the Commission and takes
time away from the person who is testifying..
e. Please limit your testimony to three minutes. (unless a majority of the Commission agrees
to allow the Chair to extend time)
f. These rules are intended to promote an orderly system of holding a public hearing and to
give all that wish to speak an opportunity to be heard.
B. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies,
the Commission members should give consideration as to whether they have:
1. A demonstrated bias or prejudice for or against any party to the proceedings;
2. A direct or indirect financial interest in the outcome of the proceeding;
3. A prejudgment of the issue prior to hearing the facts on the record, or
4. Had ex perrte contact with any individual, excluding staff, with regard to an issue prior to the
hearing. Please refer to Section 16(B)for more specific information on how to proceed where
there has been an ex parte communication.
If any Commission member should determine that items(C)(1-4)should apply to them,they should
consult with a member of the legal staff, prior to the meeting,to determine if a conflict of interest
violation exists pursuant to the Appearance of Fairness Doctrine.If such a violation or a perception
of a violation exists,the Commissioner should recuse themselves.
C. Conducting the Public Hearing
1. The Chair will announce the matter and open the public hearing, stating the time.
2. The Chair will allow staff to describe the matter under consideration and place the issue and
any documents into the public record.
3. The Chair will inquire as to whether Commission members have any questions of staff. If any
Commission member has questions,the appropriate individual will be recalled.
4. The Chair will allow proponents, opponents and the public to offer testimony and evidence on
the pending matter. The Chair may allow Commission members to ask questions of any person
at the conclusion of their testimony.
5. At the conclusion of the public testimony, the Chair may ask staff if there is any additional
information,testimony or evidence to submit for the record.
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6. The Chair will then either close or continue the public hearing and state the time for the record.
Additional testimony may not be requested or considered after the closing of the public hearing,
however,the Chair may declare that the public hearing will remain open until a date certain for
the purpose of receiving written testimony or materials.
7. The Chair will inquire if there is a motion by any Commission member. If a motion is made, it
shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent
"approval by default" of a failed negative motion. Following the motion and its second,
discussion will occur among Commission members.
8. The Chair will inquire if there is any further discussion by the Commission members.
9. The Chair will inquire if there are any final comments or recommendations from staff.
10. The Chair will inquire of the Commission members if they are ready for the question.
11. The Chair will call for the vote on the motion and, following the vote, announce the outcome
of the vote.
12. Pre-filing of testimony or evidence is encouraged and may be delivered to City staff in advance
of a hearing.
12. Agenda, Staff Reports and Minutes for Regular Meetings.
A. A copy of the agenda for every regular meeting of the Commission will be sent to each member up
to seven days prior to the date of the meeting.
B. Staff reports will be sent to Commission members with the agenda. Agendas and staff reports will
be made available to applicants and the public at the same time.
13. Minutes and Communications with the City Council.
A. Minutes of all meetings shall be kept, and the complete files of proceedings and actions taken in
connection therewith shall be considered the public record and filed with the City Clerk.
B. The Secretary shall provide the Commission members with a set of minutes of the previous
meeting. These minutes shall be considered for approval by the Commission at a regularly
scheduled public meeting and upon approval, shall become part of the official record of action of
the Commission. Approved and signed minutes shall also be transmitted to the City Clerk.
14. Recording of Meetings
Whenever possible, proceedings of all public hearings, meetings, study sessions and any special meeting
shall be recorded and retained in accordance with the Washington State Archives Retention Schedule.
15. Statement of Ethics / Code of Conduct
A. Statement of Ethics.It is hereby recognized and established that high moral and ethical standards
of Commission members are vital and essential to provide unbiased, open, and honest conduct
within all phases and levels of government; that rules of ethics are helpful in guiding Commission
members to eliminate or prevent actual or perceived conflicts of interest in public office, and to
improve and elevate standards of public service so as to promote and strengthen the confidence,
faith and trust of the people of the City of Spokane Valley in their local government.
B. Interests in Contracts Prohibited; Exceptions. No Commission member shall be beneficially
interested, directly or indirectly, in any contract which may be made by, through, or under the
supervision or direction of any City of Spokane Valley employee, in whole or in substantial part,
or which may be made for the benefit of his or her office, or accept, directly or indirectly, any
compensation, gratuity or reward in connection with such contract from any person beneficially
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interested therein. The foregoing shall not apply to the exceptions specified in RCW 42.23.030,
which are incorporated herein as if fully set forth.
C. Conflicts of Interest
1. A Conflict of Interest includes:
a. Engaging in a transaction or activity which impairs,or would to a reasonable person appear
to impair, the Commission member's independence of judgment or action in the
performance of their official duties;
b. A Commission member having a financial or other private or personal interest in any matter
upon which the member is required to act in the discharge of his or her official duties;
c. A "Professional Conflict of Interest" includes any real or perceived conflict of interest
caused by circumstances such as a Commission member's employment, past or present.
Where the Commission member's employer or professional activity is only tangentially
related to a matter before the Commission, recusal need not occur if the Commission
member can reasonably conclude that the connection is or was remote and inconsequential.
d. If a Commission member is required to refrain from deliberation or participation by their
employer because of a real or perceived conflict of interest,then the Commission member
will be allowed to recuse or withdraw from that deliberation.
2. Conflict of Interest Procedure: Every Commission member who has a conflict of interest shall
publicly disclose the conflict at the next Commission meeting after the Commission member
discovers the conflict. If a discovery or determination of a conflict is made during a
Commission meeting,the Commission member shall publicly disclose the conflict at that time.
The nature and extent of such conflict of interest shall be fully disclosed,and a summary of the
same shall be incorporated into the official minutes of the Commission proceedings.
a. If a Commission member feels that they cannot be unbiased because of any conflict of
interest,the Commission member shall recuse themselves from further proceedings on the
issue. Such Commission member shall make a public statement disclosing the reasons why
the Commission member believes they are disqualified, and state they are recusing
themselves from the issue. The disqualified Commission member will then leave the
Council Chambers until such time as the issue at hand has been disposed of in the regular
course of business. If there are other matters on the agenda, then the disqualified
Commission member must return to the Council Chambers to participate in the other
matters as soon as the Commission ends discussion of the matter in which the disqualified
Commission member has a conflict of interest.
D. Other Prohibited Acts. Commission members are prohibited from:
1. Acting in a manner which would result in neglect of duty,misfeasance or malfeasance in office.
2. Acting in a manner that intentionally disrupts Commission meetings.
3. Using their position to secure special privileges or exemptions for themselves or others.
4. Directly or indirectly receiving, accepting,taking, seeking, or soliciting anything of economic
value regardless of the amount, as a gift, gratuity, or favor.
S. Engaging in or accepting private employment or rendering services for any person or engaging
in any business or professional activity when such employment, service or activity is
incompatible with the proper and faithful discharge of their official duties as a Commission
member, or when it would require or induce the Commission member to disclose confidential
information acquired by reason of such official position.
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6. Disclosing confidential information gained by reason of their membership on the Commission
or using such information for their personal gain or benefit.
7. Engaging in any meeting that violates the Open Public Meetings Act (OPMA). The OPMA
strictly forbids any meeting of a quorum of the Commission during which any City business is
discussed. The OPMA provides that Commissioners may:
a. meet informally in less than a quorum and discuss City business,and
b. meet in a quorum if City business is not discussed.
However, Commissioners are encouraged to be mindful that such meetings risk creating the appearance
of a violation of the OPMA and such meetings should be avoided.
16. Appearance of Fairness
A. The Commission shall adhere to the applicable requirements of the Appearance of Fairness
Doctrine, chapter 42.36 RCW.
B. During the pendency of any quasi-judicial proceeding, no Commission member may engage in ex
parte communications with proponents or opponents about any proposal involved in the pending
proceeding, unless::
1. The Commission member places on the record the substance of such oral or written
communications; and
2. The Commission member provides a public announcement of the content of the communication
and of the parties' right to rebut the substance of the communication at each hearing where
action is taken or considered on the subject. This does not prohibit correspondence between a
citizen and Commission members if the correspondence is made part of the record, when it
pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060)
17. Review of These Rules of Procedure
The Commission shall review these rules of procedure on the first anniversary of their adoption and every
three years thereafter. Proposed changes upon the recommendation of the City Attorney may be brought
forward as appropriate. Any amendments identified by the Commission or the City Attorney shall be
forwarded to the City Council for review and ratification.
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