2025-01-23 PC AGENDA PACKETSpokane
jValley
Notice and Agenda For Regular Meeting
Spokane Valley Planning Commission
Thursday, January 23, 2025 at 6:00 p.m.
Remotely via ZOOM meeting and In Person at:
Spokane Valley City Hall located at 10210 E Sprague Avenue
NOTICE IS HEREBY GIVEN that a Spokane Valley Planning Commission meeting will be held on January 23, 2025, beginning at
6:00 p.m. The meeting will be held in Council Chambers at Spokane Valley City Hall located at 10210 E Sprague Avenue, Spokane
Valley, Washington. The purpose of the meeting is to consider the items listed below on the agenda.
NOTE: Members of the public may attend Spokane Valley Planning Commission meetings in -person at City Hall 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 accented for those items noted on the agenda as "Public comment" or `Public hearinr." If making a
comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email Planning(a,snokanevallevwa.gov
or call the Planning Commission Secretary at 509-720-5112 to be added to the Zoom speaker list. Otherwise, comments will be taken
in -person at the meeting, as noted on the agenda below:
LINK TO ZOOM MEETING INFORMATION:
httas://spokanevallgy.zoom.us/j/86262747051
US: +12532158782„ 86262747051# or+16699006833„86262747051# US
US: +1 253 215 8782 US (Tacoma)
Meeting ID: 862 6274 7051
AGENDA:
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA
5. APPROVAL OF MINUTES: December 12, 2024
6. COMMISSION REPORTS
7. ADMINISTRATIVE REPORT
8. PUBLIC COMMENT: This is an opportunity for the public to speak on any subject except items listed as public comment
opportunity or public hearing as comments will be taken when those items appear on the agenda.
9. COMMISSION BUSINESS:
a. Election Of Officers
b. Training: Public Records Act & Open Public Meeting Act (Presented By Tony Beattie)
c. Discussion: 2025 Periodic Comprehensive Plan Update Schedule (Presented By Steve Roberge)
10. FOR THE GOOD OF THE ORDER
11. ADJOURNMENT
I.
II.
Regular Meeting Minutes
Spokane Valley Planning Commission
Spokane Valley City Hall
December 12, 2024
Chairman Robert McKinley called the regular meeting to order at 6:00 p.m. The meeting was held in
person and via ZOOM meetings.
The Commissioners and staff stood for the Pledge Of Allegiance.
Administrative Assistant Robin Holt took attendance, and the following members and staff were
present:
Susan Delucchi
Michael Kelly
Bob McKinley
John Robertson
Vadim Smelik, absent
Justin Weathermen
Dan Wilson
Tony Beattie, Deputy City Attorney
Steve Roberge, Planning Manager
Jenny Nickerson, Building Official
Justan Kinsel, IT Specialist
Robin Holt, Administrative Assistant
There was consensus to excuse Commissioner Smelik from the meeting.
AGENDA: Commissioner Robertson moved, and it was seconded, to approve the meeting agenda
for December 12, 2024. There was no discussion. The vote on the motion was six in favor, zero
opposed, and the motion passed.
IV. MINUTES: Commissioner Delucchi moved, and it was seconded, to approve the meeting minutes
for the November 14, 2024 meeting. There was no discussion. The vote on the motion was five in
favor, one abstention, and the motion passed.
V. COMMISSIONER REPORT: Vice -Chairman Delucchi reported her concerns about the current
actions of the City. She said that she feels the City has made a mistake in allowing the population to
double in 20 years without adequate infrastructure to support the growth. She also expressed
concern regarding the aquifer that provides water to the area, lack of policing services, a lack of
parks and open space, a strain on the educational system, traffic issues and a shortage of medical
resources. Chair McKinley rebutted that many of the items mentioned by Vice -Chair Delucchi do
not fall under the jurisdiction of the Planning Commission. Vice -Chair Delucchi requested to give
additional comment which was denied by the Chair.
Vice -Chair Delucchi stepped off the dais at 6:10 p.m. and returned at 6:15 p.m.
VI. ADMINISTRATIVE REPORT: Planning Manager Steve Roberge reported that Ordinance for
CTA-2024-0001 regarding Permit Processing has been heard by the City Council and is being
12-12-2024 Planning Commission Minutes
Page 2 of 3
forwarded for a second reading. The Ordinance that was forwarded to the Council has some minor
additional recommendations from the Department of Commerce that were incorporated into the
document. The changes were specific citations that will help make the language clearer but did not
change any substance. He also stated that the Planning Commission will begin reviewing the
Spokane Valley Comprehensive Plan during 2025. The City has contracted a consultant and there
will be a lot of focus on the State statutes regarding housing and climate change. Mr. Roberge said
that he has requested the Department of Commerce to give a presentation on the State perspective on
the new requirements, conditions, and areas where the City has flexibility. He also reminded the
members that the December 26.2024, meeting was cancelled.
Chairman McKinley also reminded the Commission that the first meeting in January is also
cancelled so the next meeting will be held on January 23, 2025.
Deputy City Attorney reported that the Resolution regarding the Planning Commission Rules of
Procedure was scheduled for review by the City Council at the December 23, 2024, meeting.
VII. PUBLIC COMMENT: Linda Klesch, Spokane Valley, commented that the City is not utilizing the
Planning Commission appropriately. She spoke about traffic issues and the lack of parks for children
to use. She said that she thinks Commissioner Delucchi's plan to incorporate districts is a good plan
and that she is frustrated that the City has not met the state and federal guidelines for park space.
VIII. COMMISSION BUSINESS:
a. Study Session: CTA-2024-0002 — Amendments to Chapter 17.80 and 22.130 SVMC
Regarding Right -of -Way (ROW) Permits
Deputy City Attorney Tony Beattie gave a staff presentation. He explained that Right -Of -Way
(ROW) permits are licenses to conditionally utilize the ROW or allow construction activities therein.
They are processed mostly by the City's Traffic Engineer team and require adherence to the City's
adopted street standards and pavement cut policies. Currently, ROW permits are processed as Type
I permits pursuant to Chapters 22.130 and 17.80 of the Spokane Valley Municipal Code (SVMC).
Mr. Beattie explained that ROW permits are not land use or development regulations related to use
of private property and would be better regulated under Title 9 related to "Vehicles and Traffic". He
stated that staff is proposing to transfer SVMC 22.130.100 to Title 9 to make it clear that these
regulations are separate from the requirements of Chapter 17.80 SVMC. The change would remove
ROW permits from Type I permit category and remove exemption language related to "normal"
maintenance and repair.
Chair McKinley asked if there are any disadvantages to moving the process in the code. Mr. Beattie
responded that ROW permits aren't really a land use action, so it doesn't fit in the Type I permit
regulation section of the code.
Commissioner Kelly asked what prompted the change. Mr. Beattie responded that the procedure for
issuing a ROW permit doesn't match the strict requirements of a Type I permit.
12-12-2024 Planning Commission Minutes
Page 3 of 3
Commissioner Kelly asked if the amendment would make the process more difficult for
homeowners. Building Official Jenny Nickerson explained that the amendment will lay out the
proper procedures for issuing a ROW permit but also protect homeowners in being allowed to do
some maintenance matters without having to obtain a permit (such as having a load of beauty bark
dropped in the ROW for a brief period while landscape beds are updated).
IX. GOOD OF THE ORDER: Commissioner Wilson thanked Vice -Chair Delucchi for her service on
the Planning Commission. Commissioner McKinley thanked the Commission and the staff and
stated that he has learned a lot during his six years serving on the Commission.
X. ADJOURNMENT: Commissioner Kelly moved, and it was seconded, to adjourn the meeting at
6:46 p.m. The vote on the motion was six in favor, zero opposed, and the motion passed.
Bob McKinley, Chairman Date Signed
Marianne Lemons, Secretary
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: January 23, 2025
Item: Check all that apply ❑ old business ® new business ❑ public hearing
❑ information ❑ study session ❑ pending legislation
AGENDA ITEM TITLE: Election of Officers
GOVERNING LEGISLATION: Planning Commission Rules Of Procedure
PREVIOUS
ACTION: None.
BACKGROUND: The Planning Commission will need to elect a Chairman and Vice -Chairman
to serve during the 2025 calendar year. The Planning Commission Rules of Procedure regarding
the people that are eligible to serve in these roles reads as follows:
III OFFICERS
B. Officers of the Commission shall be elected from its membership; the officers shall be
Chair and Vice -Chair. Commissioners must have served at least 9 months and have attended
a minimum of 14 meetings as a Commissioner to be eligible to elected as an officer.
The Rules of Procedure also outline that the nominee must have a minimum of four affirmative
votes to be elected to office and that the Chair and Vice -Chair cannot serve more than two
consecutive terms.
Based on these rules, the following Planning Commissioners are eligible to serve as Chair and
Vice -Chair:
• Commissioner Kelly
• Commissioner McKinley
• Commissioner Robertson
• Commissioner Weathermon
• Commissioner Wilson
RECOMMENDED ACTION OR MOTION:
CHAIRMAN: I nominate
Commission.
VICE-CHAIRMAN: I nominate
Planning Commission.
to serve as Chairman of the Spokane Valley Planning
to serve as Vice -Chairman of the Spokane Valley
STAFF CONTACT: Steve Roberge, Planning Manager or Tony Beattie, Senior Deputy City Attorney
ATTACHMENTS:
1) PC Rules Of Procedure
RPCA Election of Officers Page 1 of I
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO.24-016
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING THE CITY OF SPOKANE VALLEY REVISED PLANNING
COMMISSION 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 adopt rules and
procedures as are necessary for the conduct of business, subject to the approval of the City Council;
WHEREAS, the Planning Commission Rules of Procedure were last updated and approved by the
City Council on February 20, 2024 pursuant to Resolution 24-003 in order to relocate regular meetings to
City Hall Council Chambers;
WHEREAS, the Planning Commission held meetings on July 25, 2024, August 8, 2024, and
September 12, 2024 to consider changes to the Rules of Procedure;
WHEREAS, the Planning Commission voted on September 12, 2024 to approve the Rules of
Procedure as amended by a vote of five to one; and
WHEREAS, the Planning Commission voted on November 14, 2024 to approve an additional
change to the Rules of Procedure regarding the eligibility of Commissioners to serve as Chair and Vice
Chair of the Commission by a vote of five to zero.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington as follows:
Section 1. 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 November 14, 2024, 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 3. Effective Date. This resolution shall be in full force and effect upon adoption.
Adopted this 231 day of December, 2024.
CITY OF SPOKhA�N, E�VALLEY
Pam Haley, Mayor
ATTEST:
Im arci atterson, City Clerk
Resolution 24-016 Adopting Planning Commission Rules of Procedure Page I of 1
City of Spokane Valley
Planning 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
Revised by Resolution 24-003, 02-20-2024
ORGANIZATION AND RULES OF PROCEDURE
I. 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) which can be accessed at https://www.codepublishing.com/WA/SpokaneValley/.
The Commission's duties and responsibilities are outlined in 18.10.050 SVMC.
II. Location
The Commission meetings shall be held at City Hall Council Chambers, 10210 E. Sprague Avenue,
Spokane Valley, WA, unless otherwise identified in the notice of meeting.
III.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. Commissioners must have served at least 9 months and have attended a minimum of
14 meetings as a Commissioner to be eligible to be elected as an officer.
C. Election of Officers.
1. Officers shall be elected at the first regular meeting each year. Election shall require four
affirmative votes of the Commission, and voting may be by paper ballot. Terms of office
shall run from the first January meeting until December 31, or until a successor has been
elected. No Commissioner shall serve more than two full consecutive terms as Chair of the
Commission. No Commissioner shall serve as Vice -Chair for more than two full
consecutive terms.
2. 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 Commissioners,
the Secretary will preside over the meeting until Officers are elected.
3. 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,
Planning Commission Rules of Procedure Amendment Page 1 of 8
the Vice -Chair shall serve in that capacity until the required special election is held. No
member can hold two office positions concurrently.
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. If both the Chair and Vice -Chair are absent from any meeting, the Secretary will
exercise the duties of the Chair for that meeting.
IV. 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.
C. The Secretary shall conduct and record a roll call of the Commissioners at each meeting, public
hearing and study session.
D. 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.
V. Attendance:
A. Excused Absences: Members of the Commission may be excused from meetings with
notification to the Chair, Vice Chair, or Secretary 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:
1. 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:
a. Such serious health or physical condition must be certified in writing by a medical
physician.
Planning Commission Rules of Procedure Amendment Page 2 of 8
b. The request for a leave of absence shall be in writing, and hand -delivered or mailed
to the Secretary of the Commission at least one week prior to the date when such
leave would commence.
c. The request for a leave of absence must state the anticipated date the
Commissioner will resume their duties.
d. By majority vote of the whole Commission, a leave of absence shall be granted ,
and shall not exceed 90 days from the date the motion is passed by Commission;
e. At the end of the 90-day leave of absence, the absent Commissioner shall either:
Return to normal Commission duties commencing with the first
Thursday meeting following the end of the 90-day leave; or
ii. 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 leave of absence, the absent Commissioner shall not be replaced with a pro-tem
Commissioner during the absence.
VI. 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. Except as otherwise provided by these rules, Commissioners present when the question was called
shall give their vote. If any Commissioner refused to vote "aye" or "nay" their vote shall be counted
as a nay vote, unless the Commissioner 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 except as otherwise provided by these rules.
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. Commissioners who were not present shall
confirm on the record that they listened to the recording and reviewed the written record of the
matter in question prior to voting.
VII. Meetings
A. 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.
B. Except when otherwise specified by these rules, regular meetings shall be scheduled on the 2nd
and 4th Thursdays of each 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. There shall be at
least one regular meeting each month for at least nine months in each year with additional meetings
Planning Commission Rules of Procedure Amendment Page 3 of 8
scheduled as necessary. There shall not be two consecutive months without a meeting. Unless
business otherwise requires it, the Commission shall not meet on the 2nd Thursday in January, the
4th Thursday in November, or the 4th Thursday in December. Meetings may be used for general
planning matters, study sessions or public hearings as described below.
1. 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.
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 Commissioners, and to the public by posting a notice at City Hall and on the City's
website. The Commission, in concert with City staff, shall strive to cancel meetings two
weeks prior to the meeting date.
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. Commissioner reports.
g. Administrative reports.
h. Public comment.
i. Commission business.
• Action items
• Non -Action items
j. For the good of the order.
k. Adjournment.
C. Commission meetings shall be held pursuant to the Open Public Meetings Act, chapter 42.30 RCW.
D. 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.
VIII. Public Hearinix Procedures
Planning Commission Rules of Procedure Amendment Page 4 of 8
A. 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 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.).
B. Opening the Public Hearing. The Chair shall introduce, and open each public hearing by stating
the time and title of the matter.
C. Evidence and Testimony. The public hearing shall generally adhere to the following order:
1. The Chair will allow staff to describe the matter under consideration and place the issue
and any documents into the public record.
2. The Chair will inquire as to whether Commissioners have any questions of staff. If any
Commissioner has questions, the appropriate individual will be recalled.
3. The Chair will allow proponents, opponents and the public to offer testimony and evidence
on the pending matter. The Chair may allow Commissioners to ask questions of any person
at the conclusion of their testimony.
4. Public testimony at public hearings. The Chair, subject to concurrence by the majority of
the Commission, may establish alternate time limits and otherwise control presentations.
The following rules and other such limits shall be established and announced prior to the
time for public testimony at the public hearing:
a. All public comments shall be made from the speakers 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.
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.
D. Closing the Public Hearing and Post -hearing Procedure. The Chair will then either close the
public hearing or entertain a motion to continue the proceeding to future date and time, 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.
Planning Commission Rules of Procedure Amendment Page 5 of S
After closing the public hearing, the Commission may only request clarification from staff on
matters that were previously submitted to the Commission during the public hearing — this is
not a time to gather more information.
1. At the close of the public hearing, the Chair will inquire if there is a motion by any
Commissioner. The motion may be as follows:
a. Move to recommend approval of (the pending matter)
b. Move to recommend approval of (the pending matter) with the following
modifications: (listed here)
c. Move to recommend denial of (the pending matter).
Following the motion and its second, discussion will occur among Commissioners.
2. The Chair will inquire if there is any further discussion by the Commissioners If the
3. The Chair will inquire of the Commissioners if they are ready for the question.
4. The Chair will call for the vote on the motion and, following the vote, announce the
outcome of the vote. If a motion fails, another motions shall be made until the
Commission's recommendation garners the required number of votes.
E. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies,
the Commissioners 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 parte contact with any individual, excluding staff, with regard to an issue prior to the
hearing. Please refer to Section 15(B) for more specific information on how to proceed where
there has been an ex parte communication.
If any Commissioner should determine that any items in section (E)(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.
IX. Agenda, Staff Reports and Minutes for Re¢ular Meetin¢s.
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 Commissioners with the agenda. Agendas and staff reports will be
made available to applicants and the public at the same time.
C. Minutes of all meetings shall be kept, and the complete files of proceedings and actions taken in
connection therewith shall be considered a public record and filed with the City Clerk. The
Secretary shall provide the Commissioners 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.
D. The Commission shall submit a year end report as an information item to the City Council outlining
the items worked on during the previous ,year.
Planning Commission Rules of Procedure Amendment Page 6 of 8
X. Recordine 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.
XI. Statement of Ethics / Code of Conduct
A. Statement of Ethics. It is hereby recognized and established that high moral and ethical standards
of Commissioners 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 Commissioners 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 Commissioner 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 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 include:
1. Engaging in a transaction or activity which impairs, or would to a reasonable person appear
to impair, the Commissioner's independence of judgment or action in the performance of
their official duties;
2. A Commissioner 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;
3. A "Professional Conflict of Interest" includes any real or perceived conflict of interest
caused by circumstances such as a Commissioner's employment, past or present. Where
the Commissioner's employer or professional activity is only tangentially related to a
matter before the Commission, recusal need not occur if the Commissioner can reasonably
conclude that the connection is or was remote and inconsequential.
4. If a Commissioner is required to refrain from deliberation or participation by their
employer because of a real or perceived conflict of interest, then the Commissioner will be
allowed to recuse or withdraw from that deliberation.
D. Conflict of Interest Procedure: Every Commissioner who has a conflict of interest shall publicly
disclose the conflict at the next Commission meeting after the Commissioner discovers the conflict.
If a discovery or determination of a conflict is made during a Commission meeting, the Commissioner
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.
If a Commissioner feels that they cannot be unbiased because of any conflict of interest, the
Commissioner shall recuse themselves from further proceedings on the issue. Such Commissioner
shall make a public statement disclosing the reasons why the Commissioner believes they are
disqualified, and state they are recusing themselves from the issue. The disqualified Commissioner
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
Commissioner must return to the Council Chambers to participate in the other matters as soon as the
Planning Commission Rules of Procedure Amendment Page 7 of 8
Commission ends discussion of the matter in which the disqualified Commissioner has a conflict of
interest.
E. Other Prohibited Acts. Commissioners 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.
5. 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 Commissioner,
or when it would require or induce the Commissioner to disclose confidential information
acquired by reason of such official position.
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.
XII. 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 Commissioner may engage in ex parte
communications with proponents or opponents about any proposal involved in the pending
proceeding, unless:
1. The Commissioner places on the record the substance of such oral or written communications;
and
2. The Commissioner 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 Commissioners 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)
XIII. Review of These Rules of Procedure
The Commission shall review these rules of procedure two years after their adoption. Proposed changes
upon the recommendation of the City Attorney, City staff, or the Commission, may be brought forward as
appropriate. Any proposed amendments shall be forwarded to the City Council for review and ratification.
Planning Commission Rules of Procedure Amendment Page 8 of 8
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: January 23, 2025
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
❑ information ® study session ❑ pending legislation
AGENDA ITEM TITLE: Open Government Training
GOVERNING LEGISLATION:. Open Public Meetings Act (chapter 42.30 RCW); Public Records Act
(chapter 42.56 RCW); chapter 42.23 RCW.
PREVIOUS COMMISSION ACTION: Annual trainings.
BACKGROUND: In Washington, there are numerous laws to promote transparent and open government
by the legislative and appointed bodies that serve the people. These laws include the Open Public Meetings
Act (OPMA), the Public Records Act (PRA) and various laws setting forth ethics requirements for
municipal officers. As members of an appointed body, Planning Commission members are subject to the
requirements set forth in these laws. Staff will provide training and overview on the various open
government laws for Planning Commission members to meet training requirements for the Open Public
Meetings Act and to educate members on the other open government requirements.
ACTION OR MOTION: No action recommended. Discussion only.
STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney
ATTACHMENTS:
1) OPMA/PRA Presentation
RPCA Study Session for Code Text Amendment CTA-2023-0003 Page 1 of I
Public Records Act and Open Public
Meeting Act Training
Kelly Konkright
City Attorney, City of Spokane Valley
Tony Beattie
Senior Deputy City Attorney, City of Spokane Valley
January 23, 2025
City of Spokane Valley - Office of the City Attorney
u ic Records Act —
Historical background
Adopted in 1972by Initiative 276.
Codified under chapter 42.56 RCW.
36
Applies to state agencies and local agencies, sub -agencies, quasi -
governmental entities, and non -profits who are functional equivalent of
government.
City of Spokane Valley - Office of the City Attorney z
Strongly worded mandate -statute
"The people of this state do not yield their sovereignty to the agencies that
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 maintain control over the instruments they have created."
RCW 42.56.030.
City of Spokane Valley - Office of the City Attorney 3
"Public Record" definition
Relevant portion of definitions states as follows:
"Public record" includes any writing containing information relating to the
conduct of government or the performance of any governmental or
proprietary function prepared, owned, used, or retained by any state or
local agency regardless of physical form or characteristics.
• RCW 4a.56.oio(3)
City of Spokane Valley - Office of the City Attorney 4
"Public Record" definition
Most important parts are:
(i) "any writing";
(2) "information relating to the conduct of government or the performance
of any governmental or proprietary function"; and which is
(3) "prepared, owned, used, or retained by any state or local agency".
City of Spokane Valley - Office of the City Attorney 5
ing
—includes electronic
communications
E-mails;
Tweets;
Text messages;
Transitory postings on Facebook and other social media;
Meta -data; and
Police/security video.
City of Spokane Valley - Office of the City Attorney 6
Public Record (writing) versus Information
PRA only requires disclosure of public records.
Information is not a record and therefore not subject to required
disclosure.
• Information is material or data that is not part of an identifiable
record.
• E.g., City population, who is the mayor, how many employees.
However, City policy and customer service standards provide for
employees to provide information as requested when the
information is known or accessible.
City of Spokane Valley - Office of the City Attorney
Definition — "relating to government" and "used by
government"
Location not critical factor, nature of record is what is critical (relates to
conduct of government or performance of governmental or proprietary
function and prepared, owned, used, or retained by City) .
Znd prong- "relating to conduct of government":
• Records contain any information that refers to or impacts the actions, processes, and
functions of government.
• Nissen v. Pierce County, 183 Wn.ad 863 (2015)
• Znd Prong casts broad net - Supreme Court suggested that union emails on agency
server/network about working conditions could be public records.
• Serv. Emps. Int'1 Union Local 925 a Univ. of Wash., 193 Wn.ad 86o (2019).
City of Spokane Valley - Office of the City Attorney 8
Definition — "relating to government" and "used by
government" cont.
3rd Prong - for records on personal devices, consider whether record
was created within "scope of employment" or "scope of official
capacity".
• Job requires it, the employer directs it, or it furthers the employer's interests
• Nissen a Pierce County, 183 Wn.ad 863 (2015) (County business on personal phone is public
record); West a City of Puyallup, a Wn. App. ad 586 (aoi8) (challenged content of
Councilmember's personal Facebook page was not public record).
Personal computer or phone of Council.
Text messaged from personal phone of Council.
In possession of third -party contractor.
Available from another entity.
City of Spokane Valley - Office of the City Attorney 9
"r
F-EW �Ww
- --
"used by government" — cont.
No Constitutional privacy rights for public records on private devices,
private emails, or private texts.
Must conduct reasonable search where records are likely to be located.
• If we know or learn of facts that suggest a search of an additional location or
source might reasonably be expected to uncover responsive records, we must
make that extra search.
PRA requires employees/agents/officials to conduct a search of their own
files/devices, submit any public records, and submit a reasonably detailed
affidavit attesting to the nature and extent of the search.
City of Spokane Valley - Office of the City Attorney 10
nition — "relating to government
government" — cont.
Best Practices.
and "used by
Do not use personal phone in connection with City business - NO TEXT
MESSAGES
Do not use personal email in connection with City business
Do not use personal computers to draft records related to City government
Do not use personal devices to run internet searches for information related
to City business
City of Spokane Valley - Office of the City Attorney u
Agency Rules
• Local governmental entities are mandated to adopt and enforce reasonable rules
governing how the agency shall respond to requests. RCW 42.56.ioo.
• Spokane Valley has done that through adoption of SVMC 2.75.
City Clerk is City's designated Public Records Officer.
Online records processing through GovQA on the City's website
Retention: City follows State records retention schedule
• Once create a record, do not destroy unless permitted by retention schedule
City of Spokane Valley - Office of the City Attorney 12
Retention Schedule Basics
RCW 40.14.07o discusses local government authority for disposition of
records, following the retention schedules established by the state.
• Numerous types of retention schedules at:
httt)s://www.sos.wa.
Records.aspx
ov/archives/RecordsManagement/Managing-City-
• Lifecycle of records: i) Create or receive, Z) use, 3) store, 4) destroy or
preserve
City of Spokane Valley - Office of the City Attorney 13
xampie
WASHINGTON
` Secretary of State
a Washington State Archives
Local Government Common Records Retention Schedule (CORE)
Version S. 0 (Dctob er 2024)
1.12 MEETINGS AND BOARD/COMMITTEE SUPPORT
The activities assoeio ted with documenting staf f oppoin tmentslactivities and assembling of groups of people fo r the purpose of information -sharing,
discussion, planning, andlordecision -making.
DISPOSITION
RETENTION AND
AUTHORITY
NUMBER (DAN)
DESCRIPTION OF RECORDS
DISPOSITION ACTION
DESIGNATION
GS2016-007
Meeting Materials — Members' Copies/Notes
Retain until no longer
NON -ARCHIVAL
Rev. 1
Individual members' meeting materials from participating in advisory, governing/
needed for agency business
NON -ESSENTIAL
executive/policy-setting, internal/external committees (including national/external
then
OFM
bodies), and staff meetings, provided the Cornmittee's records are retained by the
Destroy.
secretary/responsible agency/rnember.
Includes, but is not limited to:
• Copies of agendas, meeting packets, minutes, etc.;
• Working notes/drafts, individual member's audio/visual recordings, etc.;
• Related correspondence/cornrnunications.
City of Spokane Valley - Office of the City Attorney 14
Form of the record request
No specific form necessary.
Can be oral, but agency should memorialize in writing for protection and
clarity.
Request must provide "reasonable description" to be able to locate the
record.
Sufficient clarity to give agency fair notice a PRA request has been received
as opposed to other request.
City of Spokane Valley - Office of the City Attorney 15
Must respond within 5 business days by:
(i) providing the record;
(a) providing an internet address/link to website for specific records;
- All City ordinances, resolutions, and contracts are online, as well as many
other major documents such as the Comprehensive Plan;
(3) acknowledging that the [agency] has received the request and providing a
reasonable estimate of the time the [agency] will require to respond to the request;
(4) acknowledging that the [agency] has received the request, requesting
clarification, and providing a reasonable estimate of the time the [agency] will
require to respond to the request if clarification is not provided; or
(5) denying the record request.
City of Spokane Valley - Office of the City Attorney 16
Exemptions
Originally only io exemptions.
Now upwards of 500.
City of Spokane Valley - Office of the City Attorney 17
i
7T; e pt rom disclosure�a —o
privileged information
client
RCW 42.56.0 70 W contains what is commonly referred to as the "other
laws" exemption to disclosure. It specifically states in pertinent part that
"each agency ... shall make available ... all public records unless [exempt
under the PRA] or other statute which exempts or prohibits disclosure of
specific information or records."
RCW 5.6o.o6o(2)(a) states that "[a]n attorney or counselor shall not,
without the consent of his or her client, be examined as to any
communication made by the client to him or her, or his or her advice
given thereon in the course of professional employment."
City of Spokane Valley - Office of the City Attorney 18
lnf&mation not protected -examples
Council and employee names;
Council and employee salary;
Council and employee benefits;
Employee vacation/sick time used;
Council and employee work e-mail address;
employee length of service; and
Birthdates - Ongoing cases/legislation regarding birthdates (some ability for
exemption).
City of Spokane Valley - Office of the City Attorney 19
P&TAftiesand Attorneyj—sVe
City cannot require requestor to complete an administrative appeal process
before filing lawsuit.
RCW 42•56•550(4) provides that it "shall be within the discretion of the court to
award such person an amount not to exceed one hundred dollars for each day
that he or she was denied the right to inspect or copy said public record."
how much of a fine to assess is based on two steps:
(i) count the number of days the party was denied access to the records; and
(2) determine the appropriate per day penalty, up to $loo per day depending on the
nature of the denial.
The prevailing party is entitled to "reasonable attorney fees" and costs of suit.
City of Spokane Valley - Office of the City Attorney 20
Penalty per document or per request?
Until Zoi6, the rule was that the daily penalty applied to the request, not
per document. Yousoufian v Sims, 15Z Wn.Zd 451 (2004).
State Supreme Court has ruled that it is within the trial court's discretion
to assess a daily penalty for each page of each document wrongfully
withheld, depending on the circumstances (i.e. how egregious the
violation was). Wade's Eastside Gun Shop v Department of Labor &
Industries.
City of Spokane Valley - Office of the City Attorney 21
E ;is
•0 1 M MW_
Factors used by Courts to determine amount of penalty
• Yousoufian v Sims (V), 168 Wn.ad. 444 (aoio)
• 7 mitigating factors
• Examples: good faith, honest, timely, and strict compliance with all the procedural
requirements and exceptions; proper training; reasonableness of reason for
noncompliance; tracking systems
• Size of agency is a valid consideration
• 8 aggravating factors
• Examples: lack of strict compliance; lack of proper training; negligent/ reckless/bad
faith/intentional noncompliance with the PRA; potential for public harm; deterrent
effect
City of Spokane Valley - Office of the City Attorney 22
R-e---p-orting/log requirements
Logs of public record requests and responses RCW 40.14.026.
• ID of requestor, date request was received, text of original request, description of the
records produced, description of records redacted or withheld and reasons, and date
request was closed
Annual reports to Joint Legislative Audit and Review Committee (JLARC)
• If PRA costs exceed sioo,000, City must report to JLARC
• 15 different metrics in report: information concerning costs incurred, staff time,
response time, etc.
City of Spokane Valley - Office of the City Attorney 23
Questions on the PRA?
City of Spokane Valley - Office of the City Attorney 24
The Open Public Meetings Act
City of Spokane Valley - Office of the City Attorney 25
The Open Public Meetings Act (OPMA)
Washington State law enacted in 1971.
Codified under chapter 42.3o RCW.
Applies to all city and town councils, and many subordinate city and town
boards and committees.
Applies to planning commission, lodging tax advisory committee, street
sustainability committee, salary commission, etc.
City of Spokane Valley - Office of the City Attorney 26
Purpose of OPMA
Governments "exist to aid in the conduct of the people's business." RCW 42.30.010.
"The people of this state do not yield their sovereignty to the agencies which serve them." Id.
"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." Id.
"The people insist on remaining informed so that they may retain control over the instruments they have
created." Id.
Goal is transparency and public trust.
"It is the policy of the state that a governing body's actions, including deliberations, shall be taken and
conducted in the open." ESHB 1329
City of Spokane Valley - Office of the City Attorney 27
OPMA requirements
OPMA requires that:
All meetings of the governing body shall be open to the public.
All actions taken by such bodies shall be done at meetings that are open to
the public.
City of Spokane Valley - Office of the City Attorney 28
What is a "meeting"?
There must be a "meeting" in order to trigger the requirements of the
OPMA.
• "Meeting" means meetings at which action is taken;
• "Action" means the transaction of the official business of a public agency by a
governing body including but not limited to receipt of public testimony,
deliberations, discussions, considerations, reviews, evaluations, and final
actions;
• Physical presence is not required (e.g., email, phone call, texting).
Majority (quorum) implicates "meeting" rules.
City of Spokane Valley - Office of the City Attorney zg
What is a "meeting"? cont.
Courts have ruled that "serial meetings" are "meetings" under the OPMA.
What is a serial meeting?
• Example: One Councilmember speaks with two other Councilmembers
about particular City business. A fourth Councilmember also speaks to the
two other Councilmembers about the same City business.
• So now all four Councilmembers, which constitutes a quorum, have discussed the City
business and have done so outside of an open public meeting. Intent to hold a
meeting?
Best practice: Conduct all discussions in public meetings.
City of Spokane Valley - Office of the City Attorney 30
What is a "meeting"? (cont.)
Email and other electronic communications (e.g. texts or social media) may
constitute a meeting which violates the OPMA if it goes back and forth.
• Solely receiving information is not a violation. Responding to email could be
a violation depending on the circumstances.
It is not necessary that a governing body take "final action" (a vote) for a meeting
to be subject to the OPMA.
Discussion regarding City matters is "action."
• Requires notice as a public meeting if a quorum of members are present for the
discussion.
City of Spokane Valley - Office of the City Attorney 31
i=T not a "mee ni g" a
What is not a meeting:
• If City matters are not discussed, then the gathering is not a "meeting" subject to
OPMA (even if a quorum is present).
• Examples:
• Social gatherings if City business is not discussed;
• Gatherings before or after official action (such as the time prior to Council meetings)
so long as City business is not discussed;
• Meetings of other government agencies (BoCC, chamber of commerce), so long as the
Council/Commission members do not discuss City business amongst themselves.
Perception still important.
City of Spokane Valley - Office of the City Attorney 32
Procedural Requirements for Meetings
Outlined in detail in the Governance Manual.
• Regular meetings are every Tuesday beginning at 6:oo pm.
• All other meetings are "special" meetings.
Some general requirements:
• Notice (depends on the regular vs. special meetings);
• Open to public unless an executive or closed session;
• Votes cannot be by secret ballot;
• Member of public cannot be forced to give their name or other information as
condition of attendance (can condition a person's ability to speak at the meeting on
providing information).
RCW 42.30.240: "Except in an emergency situation, the governing body of a
public agency shall provide an opportunity at or before every regular meeting at
which final action is taken for public comment."
City of Spokane Valley - Office of the City Attorney 33
OPMA exceptions and exemptions
No City business = OPMA not implicated.
• If no official business of City is transacted, OPMA does not apply.
• Public perception is a separate consideration from what is legal.
Active preparation for litigation.
Executive sessions:
• 11+ specific circumstances, defined by statute.
Closed session (OPMA simply does not apply).
• RCW 42-3o.i40 (quasi-judicial matters and collective bargaining issues).
City of Spokane Valley - Office of the City Attorney 34
ive sessions
Four common examples:
• Interviewing candidates/qualifications for appointed positions (City
Manager);
• Discussing applicant qualifications for open Council position;
• Considering the job performance of an employee;
• Considering the acquisition of real property where the discussion, if
public, could increase the price;
• Discussions with legal counsel about litigation -related matters.
No final decisions allowed in executive sessi
City of Spokane Valley - Office of the City Attorney 35
OPMA penalties
Effect of penalty:
• The penalty for a violation of the act is direct: any action taken in violation of
the OPMA is null and void;
• "Any person" may bring the action in superior court.
Individual liability.
• $500 penalty for first violation if they attend with knowledge that the
meeting is in violation of the Act, and si,000 for subsequent violations.
City or City Council liability.
• Liable for all costs, including reasonable attorney fees.
City of Spokane Valley - Office of the City Attorney 36
Questions on OPMA?
City of Spokane Valley - Office of the City Attorney 37