Resolution 10-020 Governance Manual •
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
RESOLUTION NO. 10-020
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, REPEALING AND REPLACING CITY OF SPOKANE VALLEY
RESOLUTION 09-012 AND ATTACHMENT A `GOVERNANCE COORDINATION MANUAL'
WHICH S THE COMPREHENSIVE COLLECTION OF MEETING RULES, COORDINATION
PROCEDURES, AND ADMINISTRATIVE PUBLIC HEARING PROCEDURES, AND
APPLICABLE REFERENCES FROM THE REVISED CODE OF WASHINGTON.
WHEREAS,the City Council acknowledges that all Council meetings must be open to the public; and
WHEREAS, such meetings should be responsive to the public and carried out efficiently and uniformly
to promote public participation; and
WHEREAS, written rules of procedure best assure an atmosphere conducive to said efficiency and
uniformity and help assure that no member of the Council or public will be embarrassed in the exercise
of his or her right of free expression; and
WHEREAS,the rules and procedures adopted by the Council need to be amended from time to time.
NOW THEREFORE,be it resolved by the City Council of the City of Spokane Valley, Spokane County,
Washington,as follows:
Section 1. On May 13, 2003, Council adopted Resolution 03-028, establishing rules and procedures for
conducting public hearings and meetings, including the May 13, 2003 "City of Spokane Valley
Governance Coordination Manual."
Section 2. On May 25,2004,Council adopted Resolution 04-013, repealing and replacing the previously
adopted City of Spokane Valley Governance Coordination Manna! of May 13, 2003.
Section 3. On September 13, 2005, Council adopted Resolution 05-021, repealing and replacing the
previously adopted City of Spokane Valley Governance Coordination Manual of May 25,2004,
Section 4. On November 14, 2006, Council adopted Resolution 06-022 repealing and replacing the
previously adopted City of Spokane Valley Governance Coordination Manual of September 13, 2005.
Section 5. On December 11, 2007, Council adopted Resolution 07-020 repealing and replacing the
previously adopted City of Spokane Valley Governance Coordination Manual of November 14,2006.
Section 6. On September 8, 2009, Council adopted Resolution 09-012 repealing and replacing the
previously adopted City of Spokane Valley Governance Coordination Manual of December 11, 2007.
Section 7. The Council hereby repeals the "City of Spokane Valley Governance Coordination Manual"
dated September 8, 2009 and replaces it with the "City of Spokane Valley Governance Coordination
Manual" dated December 28, 2010, which is attached to this Resolution as Attachment A, and which is
incorporated herein by reference.
Resolution 10-020 Governance Manual Page 1 of 2
Section 8. Effective Date. This Resolution shall be in full force and effective upon adoption.
Adopted this 28th day of December,2010.
ATTEST: - /
/Jr /71, Tomas E.Towey, Mayor
pristine Bainbridge,City Clerk
Approved as to Form:
_ • laird.
Office of Ile City •of ney
Resolution 10-020 Governance Manual Page 2 of 2
C00009\■,,
ne
Valley k
Governance Coordination
Manual
Resolution 10-020, Attachment A
A Comprehensive Collection of Meeting Rules,
Coordination Procedures, Administrative Public
Hearing Procedures, and Applicable References from
the Revised Code of Washington
Adopted December 28, 2010
Resolution 03-028 adopted 5-13-2003,replaced by
Resolution 04-013 adopted 5-25-2004,replaced by
Resolution 05-021 adopted 9-13-2005, replaced by
Resolution 06-022 adopted 11-14-2006, replaced by
Resolution 07-020, adopted 12-11-2007,replaced by
Resolution 09-012,adopted 09-08-2009,replaced by
Resolution 10-020, adopted 12-28-2010
Governance Manual 1
TABLE OF CONTENTS
ARTICLE 1 -COUNCIL MEETINGS 4
1.01.1 Council Meetings-Time and Location 4
1.01.2 Council Meetings-Open to the Public 4
1.02 Election of Officers 4
1.03 Presiding Officer 4
1.04 Mayor/Council Correspondence 5
1.05 Quorum 5
1.06 Attendance, Excused Absences 5
1.07 Special Council Meetings 5
1.08 Council Material 5
1.09 Council Packets 5
1.10 Council Meeting Agenda/Consent Agenda/Amended Agendas 6
1.11 Approaching the Dais 6
1.12 Study Sessions and Workshops 6
1.13 Council Travel Provisions 7
1.14 Telephone Tree 7
1.15 "Three Touch Principle" 8
1.16 City Manager 8
1.17 City Clerk-Minutes-Public Information Access 8
1.18 City Staff-Attendance at Meetings 8
ARTICLE 2-DUTIES AND PRIVILEGES OF MEMBERS 9
2.01 Respect and Decorum 9
2.O1A Forms of Address 9
2.02 Seating Arrangement 9
2.03 Dissents and Protests 9
2.04 Filling Council Vacancies 9
ARTICLE 3- COUNCIL PROCEDURES 9
3.01 Rules of Order 9
3.02 Motions and Discussion 10
3.03 Order of Business(including Executive Sessions) 10
3.04 Adjournment Due to Emergency or Disruption 12
3.05 Permission Required to Address the Council 12
3.06 Voting and Tele/video Conferencing 12
3.07 Enacted Ordinances,Resolutions and Motions 14
3.08 Ordinances 14
3.09 Resolutions 15
3.10 Reconsideration 15
3.11 Legislative Process,Preparation,Introduction and Flow of Ordinances,Resolutions and
Motions 15
3.12 Complaints and Suggestions to Council 15
3.13 Photographs,Motion Pictures,Video Tape--Permission Required for Artificial
Illumination .16
Governance Manual 2
TABLE OF CONTENTS,Continued
ARTICLE 4-COMMITTEES,BOARDS & COMMISSIONS 16
4.01 Committees 16
4.02 Council Relations with Boards, Commissions and Council Citizen Advisory Bodies 17
ARTICLE 5-RELATIONS WITH CITY MANAGER& ADMINISTRATION 17
5.01 Role of the City Manager 17
5.02 Administrative Interference by Councilmembers 17
5.02.1 Informal Communications Encouraged 17
5.03 Administrative Complaints Made Directly to Individual Councilmembers 18
5.04 Administrative Complaints—"Best Practice" 18
ARTICLE 6-PUBLIC HEARING PROCEDURES 18
6.00 Types of Public Hearings 18
6.01 Legislative Public Hearing 19
6.02 Quasi-Judicial Public Hearing 19
1. Specific Statutory Provisions 19
2.Actions/Procedures for Quasi-Judicial Public Hearing 20
Spokane Valley Municipal Code Appendix C,Appeal Hearings . 20
3.Appearance of Fairness Doctrine 22
ARTICLE 7—USE OF RULES 23
7.01 Purpose 23
7.02 Use 24
7.03 Public Use or Reliance Not Intended 24
Exhibits and attachments:
Exhibit A-1 Telephone Tree Memo 25
Exhibit A-2 Telephone Tree for Council/Manager Chart 26
Exhibit A-3 Parliamentary Procedure at a Glance 27
Exhibit A-4 Legislative Process Flow Chart 28
Exhibit A-5 Committee Structure and Rules 29
Exhibit A-6(1) Task Force/Town Hall Meetings General Model 31
Exhibit A-6(2) Multi-Agency Coordination Task Force Model 32
Exhibit A-7 Citizen's Task Force General Model Chart 33
Exhibit A-8 Revised Code of Washington, 35A.13, Council/Manager Plan 34
Exhibit A-9 Amended General Policy Resolution of Core Beliefs 41
Governance Manual 3
ARTICLE I-COUNCIL MEETINGS
1.01.1 Council Meeting - Time and Location. Unless otherwise specified in a meeting notice,
regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers
on Tuesdays beginning at 6:00 p.m.
1.01.2 Council Meetings - Open to the Public. All meetings of the City Council and of committees
thereof shall be open to the public, except as provided for in RCW 42.30.110 or RCW 42.30.140.
Councilmembers will notify appropriate staff of Councilmember's plans to attend any of the
various outside public meetings hosted by other organizations or agencies, so that notice may be
published concerning such attendance in order not to risk any real or perceived violation of the
Open Public Meetings Act.
1.02 Election of Officers. Procedures for electing officers are as follows:
(a) 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,
there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run
concurrently with that of the Mayor. (RCW 35A.13.030)
(b) The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for
nomination. Each member of the City Council shall be permitted to nominate one (1)
person, and 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.
(c) Except when there is only one (1) nominee, election shall be by written ballot. Each
ballot shall contain the name of the Councilmember who cast it. The City Clerk shall
publicly announce the results of the election. Thereafter, the City Clerk shall record the
individual votes by councilmembers in the minutes of the meeting.
In the event the Council is unable to agree on a Mayor by majority vote of members present,the Office of
Mayor shall be temporarily filled by an Acting Mayor. Ties shall be resolved in a contest by chance.
The office of Acting Mayor shall be filled by the Councilmember who just previously served as Deputy
Mayor, or if such person is not a member of the Council, the Councilmember with the next highest
seniority. The Acting Mayor and Acting Deputy 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, at which
time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate.
1.03 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. 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 members of the
Council shall act as Mayor during the continuance of the absences. 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.
Governance Manual 4
1.04 Mayor/Council Correspondence. Councilmembers recognize that in the Council/Manager form
of government, the Mayor is recognized by community members as a point-of-contact. To
facilitate full communications, staff will work with the Mayor to circulate to Councilmembers,
copies of emails and written correspondence directed to the Mayor regarding city business. This
provision will not apply to invitations for mayoral comments at various functions nor requests for
appointments nor other incidental contact between citizens and the Office of the Mayor.
1.05 Quorum. At all 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 be posted on the exterior Council
Chamber doors per 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)
1.06 Attendance,Excused Absences. RCW 35A.12.060 provides that a Councilmember shall forfeit
his/her office by failing to attend three consecutive regular meetings of the Council without being
excused by the Council. Members of the Council may be so excused by complying with this
section. The member shall contact the Presiding Officer, City Clerk, or City Manager prior to the
meeting and state the reason for his/her inability to attend the meeting. Following roll call, the
Presiding Officer shall inform the Council of the member's absence, and inquire if there is a
motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion
by a majority of members present, the absent member shall be considered excused and the City
Clerk will make an appropriate notation in the minutes.
1.07 Special Council Meetings.Procedures for setting a special meeting are as follows:
(a) A special meeting may be called by the Mayor or any three (3) members of the Council.
(RCW 35A.13.170, 35A.12.110)
(b) Notice of the special meeting shall be prepared in writing by the City Clerk. The notice
shall contain the following information about the meeting: time, place, and business to be
transacted.
(c) The notice shall be delivered in person, by regular or electronic mail, or personally to the
residence of each Councilmember, the City Manager, and the business office of each
local newspaper,radio and television station which has on file a written request for notice
of special meetings. The notice must be delivered at least twenty-four(24) hours prior to
the meeting.
(d) The notices provided in this section may be dispensed within the circumstances provided
by RCW 42.30.080, that is: (1) As to any member who, at or prior to the time the
meeting convenes, files with the City Clerk a written waiver of notice, (2) As to any
member who was actually present at the meeting at the time it convenes, and (3) 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.
1.08 Council Material. Councilmembers and affected staff should read the agenda material and ask
clarification questions of appropriate staff prior to the Council meeting,when possible.
1.09 Council Packets. Councilmembers shall personally pick up their agenda packets from the
individual mailboxes provided by the City Clerk, unless otherwise arranged by the member or
Governance Manual 5
further directed by Council. Councilmembers have the option of accessing their Council packet
via the City's website, and unless notified otherwise, the City Clerk will not prepare a hard copy
agenda packet for individual Councilmembers.
1.10 Council Meeting Agenda/Consent Agenda. The City Clerk, under the direction of the City
Manager in consultation with the Presiding Officer, shall arrange a list of proposed matters
according to the order of business and prepare an agenda for the Council. After the proposed
agenda has been reviewed and approved by the Mayor,the Presiding Officer shall have the option
of adjusting the agenda as necessary. A copy of the agenda and supporting materials shall be
prepared for Councilmembers, the City Manager, and the media who have filed a notification
request, on or before close of business on a Friday preceding a Tuesday regular Council meeting,
or at the close of business at least 24 hours preceding a special Council meeting. Agendas may
be amended as required,and expeditiously distributed to Council and appropriate staff.
Requests for presentations to be scheduled on the formal agenda imply that the presentation is the
official business of the City, and such requests should be submitted to the City Clerk at least five
(5) days prior to the appropriate council meeting. Playing of video tapes, DVD's, PowerPoints,
or other electronic presentations shall be pre-screened by the Presiding Officer or designee who
shall rule on the appropriateness of the material.
The Presiding Officer, three (3) Councilmembers, a majority of the Councilmembers present, or
the City Manager may introduce a new item to the agenda at a meeting.
(a) The City Manager, in consultation with the Presiding Officer, shall place matters on the
consent agenda which: (1) have been previously discussed by the Council; or (2) based
on the information delivered to members of the Council by administration can be
reviewed by a Councilmember without further explanation; (3) are so routine, technical
or "housekeeping" in nature that passage without discussion is likely; or (4) otherwise
deemed in the best interest of the City.
(b) The proper Council motion on the consent agenda is as follows: "I move approval of the
consent agenda." This motion will have the effect of moving to approve all items on the
Consent Agenda. Since approval of any item on the consent agenda implies unanimous
consent, any member of the Council shall have the right to remove any item from the
consent agenda. Therefore, prior to the vote on the motion to approve the consent
agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be
withdrawn from the consent agenda. If any matter is withdrawn, the Presiding Officer
shall place the item at an appropriate place on the agenda for the current or a future
meeting.
1.11 Approaching the Dais. The intent of adding this item specifically to our Governance Manual is
to make it clear to Staff, Council and the general public once a Council meeting has been called
to order, stepping between the podium and the dais will not be allowed. This includes, but is not
limited to,video recording, still photography,tape recording, and written handouts.
The Council reserves the right to invite anyone forward to be addressed at the dais.
1.12 Study Sessions and Workshops. The purpose of Study Sessions 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. The purpose of Workshops is to allow Councilmembers to
do concentrated preliminary work with administration on single subjects but time
Governance Manual 6
consuming, complex matters (i.e., budget, complex legislation or reports, etc.). Workshops
and Study Sessions shall be in a less formal setting, council may be seated other than at the
dais, but shall not discourage public observation. There will be no public comment at
study sessions although the Council may request participation in the same manner as a
regular Council meeting. The City Clerk, under the direction of the City Manager, shall
arrange a Council study session or workshop agenda for the meeting. The agenda shall,for
each item, contain the discussion subject, the discussion leader, the activity and the discussion
goal. After the proposed agenda has been approved by the Presiding Officer,a copy of the
agenda and accompanying background materials shall be prepared for Councilmembers,
the City Manager, and the press, on or before 4:30 p.m., one (1) day before the Council
study session or workshop. As stated in 1.09 above, Councilmembers have the option of
accessing their Council packet via the City's website, and unless notified otherwise, the City
Clerk will not prepare a hard copy agenda packet for individual Councilmembers.
During the Council study session or workshop, the discussion leader should:
(a) Introduce the subject and give background information;
(b) Identify the discussion goal;
(c) Act as facilitator to keep the discussion focused toward the goal; and
(d) Alert the Presiding Officer when it is appropriate to call for a consensus, motion or
official direction of the Council.
The role of the Presiding Officer is to facilitate Councilmembers engaged in free flowing
discussion without the necessity of each councilmember being recognized by the presiding
officer. The Presiding Officer retains the option of assuming the function of the discussion leader
at any time in order to maintain decorum and ensure all councilmembers have the opportunity to
be heard, and to keep the discussion properly focused.
1.13 Council Travel Provisions. This section is intended to provide guidance on the utilization of the
Council budget for city business related travel expenses. The total allocation of travel funding
budgeted for the Legislative Branch for the fiscal year will be apportioned (1/7) to each
Councilmember. These monies may be used to defray expenses for transportation, lodging, meals
and incidental expenses incurred in the conduct of city business. Periodic updated statements of
expenditures will be provided to each Councilmember by the Finance Department. Should a
Councilmember exhaust their apportionment of funds, that person will be responsible for
payment of any travel and related expenses or they may request a voluntary allocation from
another Councilmember who has a balance in their travel account.
During the last six (6) months of a Councilmember's current term of office, incurring City
business-related travel expenditures require 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.
1.14 Telephone Tree. Occasionally there are very important or emergency happenings in the
community where members of the Council should receive briefings as quickly as possible. A
City Council telephone tree system has been adopted by Council motion and is attached as
Exhibit A-1 &A-2.
Governance Manual 7
1.15 "Three Touch Principle." Decision makers and citizens at all levels of the City should have
adequate time to thoughtfully 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. The following procedural guidelines are designed to avoid"surprises"to the
City Council,Citizens and Administrative personnel:
• Any request or proposal for adopting or changing public policy, Ordinances, Resolutions
or City Council Directives which will require a decision of the City Council, or
Administration, should "touch" the Decision makers three separate times. This
includes oral 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 t unexpected circumstances may arise wherein observance of the
"Three Touch Principle" is impractical. However, when unusual circumstances arise
which justify a"first discussion" decision, the persons requesting the expedited decision
should also explain the timing circumstances. This Principle excludes staff reports and
other general communications not requiring a Council decision.
1.16 City Manager. The City Manager, as the chief executive officer and head of the-administrative
branch of city government, 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)
1.17 City Clerk - Minutes - Public Information Access. The City Clerk shall be ex-officio
Clerk-of-the-Council and 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, the City Clerk shall appoint a replacement to act as
Clerk-of-the-Council. The Clerk-of-the-Council shall keep minutes which identifies the general
discussion of the issue and complete detail of the official action or consensus reached, if any.
When practical, and with the exception of Executive Sessions, the City Clerk shall audio record
the proceedings of all City Council meetings, and shall keep and make available an index of the
topics of each meeting which will facilitate location of the item in the appropriate meeting
minutes. Access to the audio recordings shall be made reasonably available to any party who so
requests,according to City public information procedures.
1.18 City staff — Attendance at Meetings. Attendance at meetings by City staff shall be at the
pleasure of the City Manager. It is the intent of the Council that the City Manager schedule
adequate administrative support for the business at hand but also protect the productive capability
of Department Heads. When sound system or other monitoring capabilities exist, the City
Manager may allow personnel to utilize productive time in their offices or other areas while
waiting for the specific item of business for which their appearance before the Council is
necessary.
Governance Manual 8
End of Article I- Council Meetings
ARTICLE 2 -DUTIES AND PRIVILEGES OF MEMBERS
2.01 Respect and Decorum. It is the duty of the Mayor and Councilmembers to maintain dignity and
respect for their offices, City staff and the public. While the Council is in session, the
Councilmembers shall preserve order and decorum and a member shall neither, by conversation
or otherwise, delay or interrupt the proceedings of the Council, nor disrupt or disparage any
member while speaking. Councilmembers and the public shall comply with the directives of the
Chair.
Any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the
business of the Council, either while addressing the Council or attending its proceedings, shall be
asked to leave, or be removed from the meeting. Continued disruptions may result in a recess or
adjournment as set forth in section 3.04 below.
2.O1A Forms of Address. The Mayor shall be addressed as "Mayor (surname)" or "Your
Honor." The Deputy Mayor shall be addressed as"Deputy Mayor(surname)." Members
of the Council shall be addressed as "Councilmember (surname)" unless waived by the
Presiding Officer.
2.02 Seating Arrangement. Councilmembers shall occupy the respective seats in the Council
Chamber assigned to them by the Mayor.
2.03 Dissents and Protests. Any Councilmember shall have the right to express dissent from or
protest, orally or in writing, against any motion, ordinance or resolution of the Council and have
the reason therefore entered or retained in the minutes.
2.04 Filling Council Vacancies. If a vacancy occurs on the City Council, the Council will follow the
procedures outlined in RCW 35A.13.020. In order to fill the vacancy with the most qualified
person available until an election is held, the Council will publish a notice of the vacancy and the
procedure, and distribute the application form for applying. The Council will have an application
drafted which contains relevant information to answer set questions posed by the Council. The
application form will be used in conjunction with interviews of candidates to aid in the selection
of the Councilmember.
End of Article 2-Duties and Privileges of Members
ARTICLE 3-COUNCIL MEETING PROCEDURES
3.01 Rules of Order. Rules of order not specified by statute, ordinance or resolution shall be
governed by the chart of the most common"Rules of Order"questions. Attached as Exhibit A-3.
The City Clerk shall keep a copy of the most current "Robert's Rules of Order" in Council
Chambers during Council meetings.
(a) Out of Order Requests.
Occasionally a member of the public may wish to speak on an agenda item but cannot
remain until the item is reached on the agenda. During Open Comments From the Public,
such person may request permission to speak by explaining the circumstances. The
Governance Manual 9
Presiding Officer in his/her sole discretion shall rule on allowing or disallowing the out of
order request.
3.02 Motions and Discussion.
(a) All items of business placed before the Council that require the expenditure of Council
and/or administration resources shall be in the form of an affirmative motion.
Affirmative motions are preferred to prevent "approval by default" of a failed negative
motion.
(b) Agenda items scheduled as New or Old Business shall require a motion by a
Councilmember before discussion unless the Council shall suspend the requirement by
majority vote. Upon failure of either a prior motion or rule suspension, the agenda item
shall be passed over and may not be reintroduced until the next regular meeting.
(c) When possible, Councilmembers should direct questions primarily to the City Manager
or the designated presenter.
3.03 Order of Business. The business of all regular 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 the business before the Council more expeditiously.
(a) Call to order by the Presiding Officer.
(b) Invocation
(c) Pledge of Allegiance.
(d) Roll Call(see Section 1.06 for procedure to excuse an absence).
(e) Approval of Agenda
(fj Introduction of Special Guests and Presentations.
(g) Councilmember Reports of Council or government-related activities (e.g. synopsis of
Committee or board meetings). These oral reports are intended to be brief, city work-
related," heads-up in nature" or otherwise of significance in keeping the Council
informed of pertinent policy issues or events stemming from their representation of the
city on a regional Board or Commission. Extended reports shall be placed as agenda
items for presentation or submitted in writing as an informational memo.
(h) Presiding Officer's report.
(i) Comments from the public on subjects not on the agenda for action - limit 3 minutes
each, unless modified by the Presiding Officer.
Note: the City Council desires to allow a maximum opportunity for public
comment. However, the business of the City must proceed in an orderly, timely
manner. At any time, the Presiding Officer, in the Presiding Officer's sole
discretion, may set such reasonable limits as are necessary to prevent disruption of
other necessary business.
Governance Manual 10
1. Subjects not on the current agenda. The Presiding Officer may invoke a sign-
in procedure for speakers. Any member of the public may request time to
address the Council after first stating their name, address, and the subject of their
comments. The Presiding Officer may then allow the comments subject to such
time limitations as the Presiding Officer deems necessary. Following such
comments, the Presiding Officer may place the matter on the agenda or a future
agenda, or refer the matter to administration or a Council committee for
investigation and report.
2. Subjects on the current agenda. Any member of the public who wishes to
address the Council on an action item on the current agenda shall make such
request to the Presiding Officer at the time when comments from the public are
requested during the agenda item discussion. The Council may hear such
comments before or after initial Council discussion. As an option, the
Presiding Officer may invoke a sign in procedure. The Mayor, in consultation
with the City Attorney, shall rule on the appropriateness of public comments as
the agenda item is reached and shall rule on a specific individual or group time
limit for public comment. The Presiding Officer may change the order of
speakers so that comment is heard in the most logical groupings.
3. Comments shall be made from the microphone, first giving name, address 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.
4. There will be no demonstrations during or at the conclusion of anyone's
presentation. Any disruptive behavior, as determined by the Presiding Officer,
shall be cause for removal from the meeting room.
5. These rules are intended to promote an orderly system of holding a public
meeting,to give persons opportunity to be heard, and to create an environment in
which no individuals are embarrassed by exercising their right of free speech.
6. Any ruling by the Presiding Officer relative to the subsections 1 and 2 above may
be overruled by a vote of a majority of members present.
7. 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 Article 6.01
for procedure for taking public comment on legislative matters.
(j) Public Hearings(see Article 6 for procedural details).
(k) Consent Agenda(see Section 1.10 for procedural details).
(1) Old Business.
(m) New Business.
(n) Public Comments. [same as"i"above] (3-minute time limit each)
(o) Administrative Reports. Reports or tracking of an administrative nature.
Governance Manual 11
(p) Information only items.
(q) Executive Session (as required). If Council holds an Executive session, it will be held in
accordance with the Open Meetings Act, RCW Chapter 42.30. The Council may hold an
executive session during a regular or special meeting.
Before convening in executive session, the Presiding Officer shall ask for a Motion from
Council to publicly announce
* the purpose for adjourning into Executive Session
* the approximate length of time for the executive session, and
a. the likelihood of Council taking action at the close of the Executive session and
return to regular session, or
b. that at the close of the Executive session and return to regular session, Council
will likely take no action but will adjourn the meeting.
The announced time limit for executive sessions may be extended by announcement .
At the close of the Executive Session and upon Council's return to chambers:
* The Presiding Officer will declare Council out of Executive Session
*The Presiding Officer will ask for the appropriate motion(i.e. an action motion or
adjourn).
To protect the best interests of the City, Councilmembers must keep confidential all oral 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.
(r) Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00
p.m. without approval of a majority of the Councilmembers who are present and eligible to vote.
A new time limit must be established before taking a Council vote to extend the meeting. In the
event that a meeting has not been closed or continued by Council as herein specified,the items not
acted on shall be deferred to the next regular Council meeting as old business,unless the Council,
by a majority vote of members present,determines otherwise.
3.04 Adjournment Due to Emergency or Disruption. In the event of emergency, such as a fire,
threatened violence, or inability to regain good order, the Presiding Officer shall forthwith
declare the meeting adjourned or continued and the City Council shall immediately leave the
meeting room.
3.05 Permission Required to Address the Council. Persons other than Councilmembers and
administration shall be permitted to address the Council upon recognition and/or introduction by
the Presiding Officer or the chair of the appropriate Council committee.
3.06 Voting and Tele/video Conferencing. The votes during all meetings of the Council shall be
transacted as follows:
(a) Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by
voice, except that at the request of any Councilmember, 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) In case of a tie vote on any proposal,the motion shall be considered lost.
Governance Manual 12
(c) Every member who was present when the question was put, shall give his/her vote unless
the Council, for special reasons, shall excuse the member by motion. If any
Councilmember refuses to vote "aye" or "nay," their vote shall be counted as a "nay"
vote unless the Councilmember is abstaining due to actual, or appearance of, a conflict of
interest.
(d) The passage of any ordinance, grant or revocation of franchise or license, any resolution
for the payment of money, any approval of warrants, and any resolution for the removal
of the City Manager shall require the affirmative vote of at least a majority of the whole
membership of the Council.
(e) The passage of any public emergency ordinance (an ordinance that takes effect
immediately), expenditures for any calamity or violence of nature or riot or insurrection
or war (except for the statutory powers of the Mayor in accordance with RCW
35A.13.030), and provisions for a lesser emergency, such as a budget amendment, shall
require the affirmative vote of at least a majority plus one(1)of the whole membership of
the Council. (RCW 35A.13.190) In the event calamitous conditions should prevent
assembly of such majority through pandemic, death, injuries or other emergency, the
provisions of RCW 35A.13.035 may be invoked.
(f) The passage of any motion or resolution not subject to the provisions of Washington law,
the Spokane Valley Municipal Code, or this Resolution as amended requiring a "super
majority" for approval, shall require the affirmative vote of at least a majority of the
membership of the Council who are present and eligible to vote.
(g) 1. Tele/video conference participation by Councilmembers may be allowed
provided technical availability and compatibility of electronic equipment shall
enable the Councilmember to hear the proceedings,be heard by those present and
participate in Council discussion.
(a) Requests to use tele/video conference participation shall be approved by
the Council. This shall be done by motion at the beginning of the
meeting for each request made to participate through the use of
tele/video conferencing. Such participating Councilmember(s) should be
present and counted. In such case, adequate equipment must allow the
tele/video conference participant to engage in Council discussion and be
heard. Telephone/computer system charges are to be at the
Councilmember's own expense, unless waived in the Council motion.
Adequate notice must be given to allow hookup in time for the main
agenda.
(b) No tele/video conference participation for voting purposes shall be
allowed for public hearings or any quasi-judicial proceedings. Video
conferencing may be permitted upon a majority vote of the Council
present at the meeting site for such proceedings provided that all
documents and exhibits are clearly visible and legible to all participants
and provided that a video and audio record of the videoconference is
made and provided to the clerk. The cost of such videoconferencing and
record thereof shall be paid by the Councilmember requesting
videoconferencing,unless waived by vote of the City Council.
Governance Manual 13
3.07 Enacted Ordinances,Resolutions and Motions.
(a) An enacted ordinance is a legislative act prescribing general rules of organization or
conduct relating to the corporate affairs of the municipality. Council action shall be
taken by ordinance when required by law, or where prescribed conduct may be enforced
by penalty.
(b) 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.
(c) An enacted motion is a form of action taken by the Council to direct that a specific
action be taken on behalf of the municipality. A motion, once approved and entered into
the record, is the equivalent of a resolution in those instances where a resolution is not
required by law, and where such motion is not in conflict with existing State or Federal
statutes, City Ordinances or Resolutions.
3.08 Ordinances. The procedures for ordinances are as follows:
(a) A Councilmember may, in open session,request of the Presiding Officer that the Council
consider enacting an ordinance for a specific purpose. The Presiding Officer then may
assign the proposed ordinance to the administration, a committee or the Council for
consideration. The committee or administration shall report its fmdings to the Council.
The City Manager may propose the drafting of ordinances (RCW 35A.13). Citizens,
Boards and Commissions may also propose consideration of ordinances and resolutions,
see Exhibit A-4 attached.
(b) Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or
resolution, he or she should so announce, make the initial motion and provide an
introduction of the measure.
(c) Ordinances shall normally have two (2) 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; provided that should a Councilmember request that
the entire ordinance or certain of its sections be read, such request shall be granted.
Printed copies shall be made available upon request to any person attending a Council
meeting.
(d) The provision requiring two (2) separate readings of an ordinance may be waived at any
meeting of the Council by a majority vote of all members present.
(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
second 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
Governance Manual 14
earlier ordinances shall not apply to acts, incidents, transactions or decisions occurring
before such repeal.
3.09 Resolutions. A resolution may be put to its final passage on the same day on which it was
introduced. While it is not necessary to have the title of a Resolution read aloud, , Council may
invoke the two (2) reading procedures described in Section 3.08 (c) above to facilitate public
understanding and/or comment on the resolution. If Council invokes the two reading procedures,
a councilmember may request that the entire resolution or certain of its sections be read, and
such request shall be granted. Printed copies shall be made available upon request to any person
attending a Council meeting.
3.10 Reconsideration. Any action of the Council, including final action on applications for legislative
changes in land use status, shall be subject to a motion to reconsider except:
• any action previously reconsidered,
• motions to adjourn or motions to suspend the rules,
• an affirmative vote to lay an item on, or take an item from,the table,
• or a vote electing to office one who is present and does not decline.
Such motion for reconsideration:
1. must be reconsidered during the same Council meeting
2. must be called up when no business is pending(no action is pending)
a. if action is pending, the Mayor asks the Clerk to note that the motion to reconsider has
been made and is taken up when a member calls the motion to reconsider the vote when
no other business(action) is pending.
3. must be made by a member who voted on the prevailing side on the original motion
a. a member who makes this motion should state that he or she voted on the prevailing
side
4.needs a second, and can be seconded by any member
5. is debatable if the type of motion it reconsiders is debatable
6. is not amendable and requires a majority vote to adopt
7. If adopted, the original motion is placed before the council as if it had not been previously
voted on. Hence, this is a two-step process: (1) vote on whether to reconsider the vote and if
adopted; the motion to be reconsidered is again under discussion and members take another vote
on it.
8. 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 (5) days advance notice
of such discussion and/or action.
3.11 Legislative Process,Preparation,Introduction and Flow of Ordinances and Resolutions and
Motions. Ordinances and Resolutions will customarily be prepared, introduced and proceed in
the manner described on the flow chart attached hereto as Exhibit A-4, and by this reference
incorporated herein. Prior to final passage of all ordinances, resolutions or motions, such
documents or proposals shall be designated as DRAFTS. All such drafts shall also be dated to
include the most recent revision.
Governance Manual 15
3.12 Complaints and Suggestions to Council. When citizen complaints or suggestions are brought
before the City Council on matters not on a Council agenda, the Presiding Officer shall, in
consultation with the City Manager, first determine whether the issue is legislative or
administrative in nature and then:
(a) If legislative, and a complaint is about the language or intent of legislative acts or
suggestions for changes to such acts, and if the Council finds such complaint suggests a
change to an ordinance or resolution of the City, the Presiding Officer may refer the
matter to a committee, administration, or the Council for study and recommendation.
(b) If administrative, and a complaint regards administrative staff performance, execution of
legislative policy or administrative policy within the authority of the City Manager, the
Presiding Officer 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.
3.13 Photographs, motion pictures or video tape requiring artificial illumination — Prior
Permission Required. No overhead projection, photographs, motion pictures, or video tapes
that require the use of floodlights, or similar artificial illumination shall be used by the public at
City Council meetings without the prior consent of the Presiding Officer or the City Manager.
End of Article 3- Council Procedures
ARTICLE 4-COMMITTEES,BOARDS & COMMISSIONS
4.01 Committees.
(a) All standing Committees, Boards, and Commissions which are required by state law shall
be appointed by the Mayor with confirmation by the Council.
(b) All other Council Committees, Citizen Task Force groups and rules or operating
procedures thereof shall be established by Council Directive with special attention to
RCW 35A.13.120, and after consultation with the City Manager. Such committees shall
be commissioned for a time certain, not to exceed two (2) years or the term of the
appointing Mayor, whichever is less and provided with a clear task description and
"sunset" provision. Appointment shall be by the Mayor. Council may waive
confirmation in the instrument creating said committee or group. Such Committees shall
be subject to review, whenever a new Council is seated following elections, so as to
determine whether the committee and its functions continue to be appropriate and
necessary. Members of any Committee, Board or Commission which have been
appointed or confirmed by the Council, may be removed without cause by a majority
vote of the Council. A copy of the motion(s), or as hereafter amended, establishing
committees, liaisons and citizen's task force groups shall be attached hereto, as Exhibit
A-5. (See the attached related charts Exhibits A-6(1) (2) &A-7.)
(c) Other special ad hoc committees and Council liaisons for a particular purpose may be
appointed by the Mayor,without confirmation of Council for a time certain,not to exceed
the term of the appointing Mayor, along with a clear task description and "sunset"
provision.
Governance Manual 16
(d) Committees, liaisons and citizen taskforce groups shall be given an opportunity to make a
recommendation, when appropriate, on proposed ordinances, resolutions and motions
within their area of responsibility or interest, before action is taken by the Council. The
appropriate spokesperson shall present the recommendation(s) during discussion of that
business item on a Council agenda.
(e) Council member(s) may be designated by the City Council to take the lead on particular
significant issues and to provide appropriate feedback of information to Council, in
order to gain corporate approval and coordination of corporate efforts. No
Councilmember may speak for the Council unless Council has designated that person as
the lead on that particular issue.
(f) No Advisory Board or Commission shall take any final action outside of an open public
meeting.
4.02 Council Relations with Boards,Commissions and Council Citizen Advisory Bodies.
All statutory boards and commissions and Council citizen advisory bodies of the City of Spokane
Valley shall provide the Council with copies of minutes of all meetings. Communications from
such boards, commissions and bodies to the City Council shall be acknowledged by the Council.
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." Should any member
of the Council determine that any such communication be officially answered by the Council,the
Presiding Officer shall place the matter on the agenda under New Business for the current
meeting or any subsequent meeting.
End of Article 4-Committees, Boards & Commissions
ARTICLE 5-RELATIONS WITH CITY MANAGER& ADMINISTRATION
5.01 Role of the City Manager. The City Manager is the chief administrative officer of the City of
Spokane Valley. The City Manager is directly accountable to the City Council for the execution
of the City Council's policy directives, and for the administration and management of all City
departments. The powers and duties of the City Manager are defined by Washington law, RCW
35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with City
Manager's accountability to the City Council for policy implementation is the need for the
Council to allow the City Manager to perform legally defined duties and responsibilities without
interference by the City Council in the day-to-day management decisions of the City Manager.
5.02 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 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.)
Governance Manual 17
5.02.1 Informal Communications Encouraged. The above RCW requirement is not to be
construed as to prevent informal communications with City staff that do not involve
orders, direction, or are meant to influence actions or administrative policy. Members of
the Council are encouraged to interact informally and casually with City staff for the
purpose of gathering information, obtaining explanations of policies and programs or
providing incidental information to staff relevant to their assignment. Such informal
contacts can serve to promote better understanding of specific City functions and
problems. However, Councilmembers must be careful in such interaction to avoid giving
direction or advice to members of City staff. While maintaining open lines of
communication, City staff responding to information requests from Councilmembers will
inform their supervisor of such contact and provide the supervisor with the same
information shared with the Councilmember.
5.03 Administrative Complaints Made Directly to Individual Councilmembers. When
administrative policy or administrative performance complaints are made directly to individual
Councilmembers,the Councilmember shall then refer the matter directly to the City Manager for
review and/or action. The individual Councilmember may request to be informed of the action or
response made to the complaint. However, the City Manager shall not be required to divulge
information he/she deems confidential, in conformity with applicable statutes, ordinances,
regulations,policies or practices.
5.04 Administrative Complaints — "Best Practice." 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 that case
refer to Section 5.03 above.
End of Article 5—Relations with City Manager&Administration
ARTICLE 6-PUBLIC HEARING PROCEDURES
6.00 There are two types of public hearings, legislative and quasi-judicial:
(a)Legislative public hearing are hearings held to obtain public input on legislative decisions on
matters of policy. Legislative public hearings are required by state law when a city or county
addresses such matters as comprehensive land use plans, or the annual or biennial budget. They
are generally less formal than quasi-judicial public hearings. They do not involve the legal rights
of specific, private parties in a contested setting, but rather affect a wider range of citizens or
perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such
hearings is not second-guessed by the courts; if challenged,they are reviewed only to determine if
they are constitutional or violate state law. For example, a court will not review whether the
basic budgetary decisions made by a city were correctly made.
(b) 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)
Governance Manual 18
6.01 Legislative Public Hearings:
(a) State statutes do not specify how public hearings should be conducted. Because legislative
hearings are generally informal, the main concern is to provide an opportunity for all attending
members of the public to speak if they so desire. Time limits should be placed on individual
comments if many people are intending to speak, and the public should be advised that comments
must relate to the matter at hand. The "ground rules" for the conduct of the hearing should be
stated by the presiding official at the beginning of the hearing.
(b) Actions for a Public Hearing. Prior to the start of the public hearing, the Presiding Officer
announces the following Rules of Order:
1. All public comments shall be made from the speaker's rostrum, and any individual
making comments shall first give their name and address. This is required because an
official recorded transcript of the public hearing is being made.
2. No comments shall be made from any other location, and anyone making "out of
order"comments shall be subject to removal from the meeting.
3. Unless otherwise determined by the Presiding Officer, all comments by the public
shall be limited to three minutes per speaker.
4 There will be no demonstrations, applause or other audience participation, before,
during or at the conclusion of anyone's presentation. Such expressions are disruptive and
take time away from the speakers.
5. 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.
c. The Presiding officer declares the public hearing on (topic)open,notes the time
for such opening, and asks staff to make their presentation.
d.After staff presentations,the Presiding Officer calls for public testimony.
e. The presiding officer asks if any members of Council have questions of any of the speakers or
staff. If any Councilmember has questions, the appropriate individual will be recalled to the
podium.
f. The presiding officer declares the public hearing closed and notes the time for such closing.
6.02 Quasi-Judicial Public Hearings:
1. Specific Statutory Provisions.
a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial
actions while campaigning, 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.
Governance Manual 19
b. A candidate for the City Council who complies with all provisions of applicable public disclosure and
ethics laws, shall not be limited under the Appearance of Fairness Doctrine from accepting campaign
contributions to finance the campaign, including outstanding debts. (RCW 42.36.050)
c. 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 oral 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)
d. Public Disclosure File. The City Clerk shall maintain a public disclosure file,which shall be available
for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms
filed with the Washington State Public Disclosure Commission.
e. Procedure On Application. Any person making application for any action leading to a quasi-judicial
hearing before the Planning Commission and City Council shall be provided with a document containing
the following information: (1) the names and address of all members of the City Council, and the
Planning Commission, (2) a statement that public disclosure information is available for public inspection
regarding all such Councilmembers, and (3) a statement that if the applicant intends to raise any
appearance of fairness issue,the applicant should do so at least two(2)weeks prior to any public hearing,
if the grounds for such issue are then known and in all cases, no later than before the opening of the
public hearing. The applicant shall sign a receipt for such document.
2.Actions/Procedures for a Quasi-Judicial Public Hearing.
See the following Spokane Valley Municipal Code Appendix C for City Council appeal hearing
procedures.
Appendix C
CITY COUNCIL APPEAL HEARING PROCEDURES
A. The council shall not consider any new facts or evidence outside the verbatim transcript and
certified record submitted by the hearing examiner, except for:
1. Grounds for disqualification of the hearing examiner, when such grounds were unknown by
the appellant at the time the record was created; or
2. Matters that were improperly excluded from the record after being offered by a party to the
hearing before the hearing examiner; or
3. Matters that were outside the jurisdiction of the hearing examiner.
The council shall allow the record to be supplemented if the offering party demonstrates grounds for
supplementation as set forth in subsections(A)(1), (2)or(3)of this appendix.
a.Any party requesting that the record be supplemented shall submit such request, along
with the specific evidence to be offered to the council, within 14 calendar days of the date the appeal
hearing was scheduled.
b. The council may require or permit the correction of ministerial errors or inadvertent
omissions in the preparation of the record.
c. The council will allow the submittal of memoranda by the appellant, or a party of record
in opposition to the appeal,subject to the following requirements:
Governance Manual 20
i.The appellant may file a memorandum in support of the appeal. The memorandum
must be filed no later than 12:00 noon on the third Friday preceding the date set by the council for
consideration of the appeal.
ii. Any party of record in opposition to the appeal may submit a reply memorandum
in opposition to the appeal. Any reply memorandum must be filed no later than 12:00 noon on the second
Friday preceding the date set for consideration of the appeal.
iii. All memoranda shall be limited to stating why the record or applicable laws or
regulations do or do not support the decision, and shall not contain any new facts or evidence, or discuss
matters outside the record,except as permitted above.
iv. The offering party shall promptly submit a copy of the memorandum or request to
supplement the record to the city attorney, and to opposing parties as practicable.
B. The council will allow oral argument by the appellant, or a party of record in opposition to the
appeal, subject to the following requirements:
1.It is expected that all parties can reasonably be aligned as either in support of the appeal or
opposed to the appeal. Accordingly, all parties who desire to make oral argument shall communicate with
other parties aligned on the same side of the appeal and attempt to reach agreement in selecting a
representative, or otherwise arrange for the allocation of time allowed under these rules to those in
support of or those opposed to the appeal.
2. Oral argument shall be presented first by the appellant, followed by those parties of record in
opposition to the appeal, and then rebuttal and surrebuttal.
3. Oral argument shall be limited to stating why the record or applicable laws or regulations do
not support the decision, and shall not contain any new facts or evidence unless allowed by subsection A
of this appendix.
4. Oral argument shall be limited to 20 minutes total for the appellant, and 20 minutes total for
those parties in opposition to the appeal,regardless of how many parties make up each side.
5. The respective times allowed for oral argument above include the combined time used by a
side for opening argument, rebuttal and surrebuttal. The time taken to respond to questions from the
council is not included in the time allowed for argument.
C. The council may affirm or reverse the hearing examiner's decision, or remand it for further
proceedings. The hearing examiner's decision will be presumed to be correct and supported by the record
and law. A tie vote on any motion shall have the effect of affirming the hearing examiner's decision.
D. The council may reverse the hearing examiner's decision, or remand it for further proceedings, if
the appellant has carried the burden of establishing that one or more of the following standards is met:
1. The hearing examiner engaged in unlawful procedure or failed to follow a prescribed process,
unless the error was harmless;
2. The decision is an erroneous interpretation of the law, after allowing for such deference as is
due to construction of law by a local jurisdiction with expertise;
3. The decision is not supported by evidence that is substantial when viewed in light of the entire
record;
4. The decision is a clearly erroneous application of the law to the facts;
5. The decision is outside the authority of the hearing examiner.
E. The council may also remand the decision to the hearing examiner if the appellant offers newly
discovered evidence that would reasonably have affected the decision had it been admitted in the
proceedings before the hearing examiner. "Newly discovered evidence" is evidence that with reasonable
diligence could not have been discovered and produced at the time the proceedings before the hearing
examiner were conducted.
F. The council shall adopt written findings and conclusion in support of its decision. If the council
concludes that a finding of fact by the hearing examiner, upon which the decision is based, is not
supported by substantial evidence,the council may modify the finding or substitute its own finding, citing
substantial evidence in the record that supports the modified or substitute finding. In the event of a tie
Governance Manual 21
vote on the proposed findings of fact,that vote shall be considered a final action,the findings shall reflect
the same,and the decision of the hearing examiner shall be affirmed.
G. The council's decision shall include a notice stating that the decision can be appealed within 21
calendar days from the date the decision was issued,by filing a land use petition with the superior court as
provided in Chapter 36.70C RCW and meeting the other provisions of such chapter, and that the decision
shall act as official notice under RCW 43.21C.075.
H. The notice included in the council's decision shall also state that affected property owners may
request the Spokane County assessor for a change in valuation for property tax purposes notwithstanding
any program of revaluation,pursuant to RCW 36.70B.130.
I.The city clerk shall, within five business days from the date of the council's decision on the appeal,
mail a copy of the council's decision to the appellant, the applicant (if different than the appellant), any
other party who testified or submitted a memorandum at the closed record appeal hearing before the
council, any person who requested notice of the decision, and any person who submitted substantive
comments on the application. The city clerk shall also provide notice of the decision to the county
assessor.
J.Where the hearing examiner's decision recommends approval of the proposal and no appeal has been
filed within the time period set forth above,the city manager or designee shall modify the official zoning
map of the City according to the hearing examiner's decision. The modification of the zoning map
completes the hearing examiner's decision and shall be considered the final legislative action of the city
council. Such fmal action, for zoning purposes, is considered an official control of the City by exercise of
its zoning and planning authority pursuant to Washington law. (Ord. 08-022,2008).
3.Appearance of Fairness Doctrine.
a. "The test of whether the appearance of fairness doctrine has been violated is ... as follows: Would a
disinterested person,having been apprised of the totality of a board member's personal interest in a matter
being acted upon, be reasonably justified in thinking that partiality may exist? If answered in the
affirmative, such deliberations, and any course of conduct reached thereon, should be voided." Swift vs.
Island County, 87 Wn.2d 348(1976). Smith vs. Skagit County, 75 Wn.2d 715 (1969).
b. Types of Hearings to Which the Doctrine Applies. The Appearance of Fairness Doctrine shall apply
only to those actions of the Council which are quasi-judicial in nature. Quasi-judicial actions are defined
as actions of the City Council which determine the legal rights,duties,or privileges of specific parties in a
hearing or other contested proceeding. Quasi-judicial actions do not include the legislative actions
adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use
planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning
amendment that is of area-wide (versus site-specific) significance (RCW 42.36.010). Street vacations are
typically legislative actions, unless clearly tied to, and integrated into, a site-specific development
proposal which is quasi-judicial in nature.
c. Obligations of Councilmembers-Procedure.
1. Immediate self-disclosure of interests that may appear to constitute a conflict of interest is
hereby encouraged. Councilmembers should recognize that the Appearance of Fairness Doctrine
does not require establishment of a conflict of interest, but whether there is an appearance of
conflict of interest to the average person. This may involve the Councilmember or a
Councilmember's business associate, or a member of the Councilmember's immediate family. It
could involve ex parte (outside the hearing) communications, ownership of property in the
vicinity, business dealings with the proponents or opponents before or after the hearing, business
dealings of the Councilmember's employer with the proponents or opponents, announced
predisposition, and the like. Prior to any quasi-judicial hearing, each councilmember should give
consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If
the answer is in the affirmative, no matter how remote, the Councilmember should disclose such
Governance Manual 22
facts to the City Manager who will seek the opinion of the City Attorney as to whether a potential
violation of the Appearance of Fairness Doctrine exists. The City Manager shall communicate
such opinion to the Councilmember and to the Presiding Officer.
2. Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of
a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis
for disqualification is made known, or reasonably should have been made known, prior to the
issuance of the decision. Upon failure to do so,the Doctrine may not be relied upon to invalidate
the decision. The party seeking to disqualify the Councilmember shall state with specificity the
basis for disqualification; for example: demonstrated bias or prejudice for or against a party to the
proceedings, a monetary interest in outcome of the proceedings, prejudgment of the issue prior to
hearing the facts on the record, or ex parte contact. Should such challenge be made prior to the
hearing, the City Manager shall direct the City Attorney to interview the Councilmember and
render an opinion as to the likelihood that an Appearance of Fairness violation would be
sustained in Superior Court. Should such challenge be made in the course of a quasi-judicial
hearing, the Councilmember shall either recuse him/herself or the Presiding Officer shall call a
recess to permit the City Attorney to make such interview and render such opinion.
3. The Presiding Officer shall have authority to request a Councilmember to excuse him/herself
on the basis of an Appearance of Fairness violation. Further, if two (2) or more Councilmembers
believe that an Appearance of Fairness violation exists, such individuals may move to request a
Councilmember to excuse him/herself on the basis of an Appearance of Fairness violation. In
arriving at this decision, the Presiding Officer or other Councilmembers shall give due regard to
the opinion of the City Attorney.
d. When Council conducts a hearing to which the Appearance of Fairness Doctrine applies, the Presiding
Officer (or in the case of a potential violation by that individual, the Mayor Pro Tem) will ask if any
Councilmember knows of any reason which would require such member to excuse themselves pursuant to
the Appearance of Fairness Doctrine. The form of the announcement is as follows:
All Councilmembers should now give consideration as to whether they have:
1. A demonstrated bias or prejudice for or against any party to the proceedings;
2. A direct or indirect monetary interest in the outcome of the proceedings;
3. A prejudgment of the issue prior to hearing the facts on the record; or
4. Had ex parte contact with any individual, excluding administrative staff,with regard to an
issue prior to the hearing. If any Councilmember should answer in the affirmative, then the
Councilmembers should state the reason for his/her answer at this time, so that the Chair may
inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists.
End of Article 6-Public Hearing Procedures
ARTICLE 7—USE OF RULES
7.01 Purpose. These City Council Rules of Procedure are designed to provide guidance for the City
Council. They are not to be considered restrictions or expansions of City Council authority.
These rules have been prepared from review of many statutes, ordinances, court cases and other
Governance Manual 23
sources but they are not intended to be an amendment or substitute for those statutes, ordinances,
court decisions or other authority.
7.02 Use. No action taken by a Councilmember or by the Council which is not in compliance with
these rules, but which is otherwise lawful, shall invalidate such Councilmember's or Council
action or be deemed a violation of oath of office,misfeasance or malfeasance. No authority other
than the City Council may enforce these rules or rely on these rules. Failure of the City Council
to follow any of these rules shall be considered a Council decision to waive such rule. No notice
of such waiver need be given.
7.03 Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council
and not to provide substantive rules affecting constituents, it is expressly stated that these rules do
not constitute land use regulations, official controls, "appearance of fairness rules," public
hearing rules or other substantive rules binding upon or to be used by or relied upon by members
of the public. These rules do not amend statutory or other regulatory (such as ordinance)
requirements.
End of Article 7— Use of Rule
24
Governance Manual
EXHIBIT A-1
MEMORANDUM
APRIL ,200
DATE: —
TO: CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: EMERGENCY TELEPHONE TREE FOR SPOKANE VALLEY GOVERNMENT
Sometimes an important happening occurs in the City where Councilmembers should be briefed:
For example:
Major News! Accident, Disaster,Major Utility Failure!
Storm Damage
Major Police Problem
Civil Emergency
A pre-arranged "telephone tree" informs the entire Council of important happenings in the
shortest possible time. An informed Councilmember can avoid embarrassment when asked by a
citizen about a major event even when it does not involve the Council in any direct way.
The telephone tree for timely briefings of major emergency news is shown on the attached sheet.
The Mayor should assign the tree according to availability of the members.
Governance Manual 25
EXHIBIT A-2
Telephone Tree for Council/Manager Government
COUNCILMEMBER
Name
Phone(work)
Phone(home)
First call by Mayor or 15`COUNCILMEMBER Cellular
City Manager
Name —
IPhone(work) COUNCILMEMBER
MAYOR OR CITY MANAGER Phone(home)
Cellular Name
Name Phone(work)
Phone(work) Phone(home)
Phone(home) Cellular
Cellular
Name
Phone(work)
Phone(home) COUNCILMEMBER
Cellular
2ND COUNCILMEMBER Name
Phone(work)
Name Phone(home)
— Phone(work) Cellular
Phone(home)
Cellular COUNCILMEMBER
Name
1 Phone(work)
Phone(home)
Cellular
Governance Manual 26
Exhibit A-3
Parliamentary Procedure at a Glance
May you Must be Is motion
To do this: You say this: interrupt seconded? debatable? Vote required
speaker?
Introduce business "I move that..." NO YES YES MAJORITY
Amend a motion "I move to amend this motion" NO YES YES MAJORITY
Request information "Point of information" YES NO NO NO VOTE
Suspend further discussion "I move we table it" NO YES NO MAJORITY
End debate and bring matter to an "I move the previous question..." MAJORITY
immediate vote(call for the question) or"I call for the question" NO YES NO
Postpone discussion "I move we postpone this matter
until..." NO YES YES MAJORITY
Have something further studied by a "I move we refer..."
committee NO YES YES MAJORITY
Ask for a vote count to verify a voice "I call for a division of the house"
vote NO NO NO NO VOTE
Object to considering some matter "I object to consideration of this" YES NO NO MAJORITY
Take up a matter previously tabled "I move to take from the table..." NO YES NO MAJORITY
Reconsider something already disposed "I move we reconsider action on
of ..." YES YES YES MAJORITY
Consider something in unscheduled "I move we suspend the rules and
order ..." NO YES NO MAJORITY
Vote on a ruling by the chair "I appeal the chair's decision" YES YES YES MAJORITY
Object to procedure or personal "Point of order"
affront--chair decides YES NO NO NO VOTE
Complain about noise,room "Point of privilege"
temperature,etc. YES NO NO NO VOTE
Recess the meeting "I move that we recess until..." NO YES NO MAJORITY
Adjourn the meeting "I move that we adjourn" NO YES NO MAJORITY
Governance Manual 27
EXHIBIT A-4
LEGISLATIVE PROCESS FLOW CHART
Citizens
City Council 4 (proposed draft)
City Manager
(proposed draft)
• 4
Council Study Session
(Council draft or summary) 11114ect } Initiative filed
(only for matters subject to
Administration initiative in accordance with
study Washington law)
draft
(proposed draft)
T
City Council 1st Reading Election held
Public Meeting
(Council draft)
City Council 2nd Reading If approved by voters,
Ordinances ordinance prepared
(Council ordinance)
V
ADOPTED POLICY/LAW OF THE CITY 4
Governance Manual 28
EXHIBIT A-5
1. Standing Committees or Commissions required by law shall be appointed by 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:
Finance--3 members
Planning Commission--7 members
Lodging Tax Advisory Committee--5 members.
Committee Procedures: The Finance Committee shall have no regular prescribed duties or meetings except the
bills/payroll and warrant procedures required by state law,unless specifically charged by the City Council.
Committee meetings (when held) 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.
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.
2. Council liaison appointees shall be appointed by the Mayor and confirmed by the Council for a time certain
not to exceed the term of the appointing Mayor.
3. Liaison Procedures. Individual members of the Council may be assigned as liaisons whose duties involve
keeping current with a group or activity by either attendance when the group or activity takes place or
communication with appropriate leaders so the liaison Councilmember can keep Council informed. Liaisons
may, at times, advocate Council actions on behalf of their assigned group or activity. Extreme care must be
taken to avoid an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with agencies
or circumstances where such possibilities may exist (i.e.: Planning Commission quasi-judicial). Liaisons
functions and duties may be further defined and/or directed by the Presiding Officer with concurrence of
Council.
4. Task Force Creation Criteria. The City Council may, from time to time, create, and appoint members to,
small Task Force Groups for the purpose of examining issues and making recommendations important to the
City Council but not requiring the more formalized process stated in (5) below. In all cases, the instrument
appointing a Task Force shall prescribe a time certain for the work of the Task Force, contain a clear task
assignment and a method of"sunsetting"the group upon completion of the task.
5. Task Force/Public Forum Steering Group for Public Issues of high interest/high impact. Upon motion of
the City Council, a Councilmember may be appointed by the Mayor as a liaison leader to organize a steering
group to strategize a particular community subject or issue. The steering group shall consist of two
Councilmembers and one representative of City Administration. The Councilmembers shall be appointed by
the Mayor and the technical support shall be appointed by the City Manager. Such appointments shall
identify the task(s) and a method of determining how the group shall "sunset" when the task is
completed. The steering group shall serve as a collection point for information and activity pertaining to the
task or issue assigned. Various City representation roles and Council liaisons may be involved in bringing
information together on the task or issue. The steering group liaison informs Council of the group's activity at
Council meetings (when appropriate). A task force group may then be created by Council motion (directive)
to function according to the model attached as Exhibit A6(1).
Governance Manual 29
6. Task Force/Public Forum Procedures. When major public policy development warrants, and after
adequate preparation of issues and alternatives, the steering group may conduct larger citizen forums to help
develop a public consensus on the issues. The product of such citizen forums, when held, shall be presented
to the City Council prior to the customary City Council deliberations (i.e., agenda actions, public hearings,
etc.) which could normally result in final action. The procedures are further illustrated in Exhibit A6(1)
attached.
The City Manager may also appoint such ad hoc or special projects administrative advisory task groups as
he or she may deem necessary to assist City administrative activity. Such appointments shall identify the
task(s)and a method of determining how the group shall"sunset"when the task is completed.
7. Citizens Task Force Steering Procedures. When the nature of a major issue indicates a need for increased
citizen involvement or expertise at the steering level of a task force, the Council may, by legislative
directive, commission a Citizens Task Force Steering Group consisting of one (1) councilmember, one (1)
qualified citizen, and the City Manager. The Citizens Task Force shall function in a mariner similar to the
Task Force Procedures contained in Sections 4 and 5 above. The procedures are further illustrated in Exhibit
A7,attached.
8. Multi-Agency Coordinating Task Force Steering Procedures. When a major public/private effort involves
key agencies outside of City Government but vital to community coordination, the Council may create by
legislative directive, an appropriately named (Multi-Agency) Coordinating Task Force Steering Group.
Membership shall consist of one (1) councilmember, the City Manager, one (1) representative from each City
Board or Commission key to the issue or project and one (1) member from each private, non-profit agency
with key interest or resources vital to the issue or project.
Each agency shall appoint one (1) member to serve on the Steering Group and one (1) member to serve as
alternate. Except for the first organizational start-up meeting, alternates shall not attend Steering Group
meetings. Steering Group members shall function in a manner similar to the task force procedures described in
Sections 4,5,and 6 above. The procedures are further illustrated in Exhibit A6(2)attached.
9. General Town Hall/Neighborhood Meetings. The public should be encouraged to attend regular and special
City Council meetings to participate in their government. The City Council Rules of Procedure are designed to
facilitate an open atmosphere for citizen participation. However, any two (2), but not more than three (3),
members of the City Council may desire to convene a citizens' town hall/neighborhood meeting or series of
meetings for the purpose of providing a general forum on city operations. Such town hall meetings shall,when
convened, provide information pertaining to any known issues as well as opportunity for citizens to express
their views on any subject. The Councilmembers may request that the City Manager or his/her designee attend
these meetings to answer questions on administrative matters. Although not official council meetings,
members of the City Council shall report issues to the City Council. Councilmembers should avoid discussion
or receiving testimony which pertains or may pertain to potential lawsuits, land use issues, or other quasi-
judicial proceedings which might later come before the Council.
Governance Manual 30
EXHIBIT A-6(1)
TASK FORCE/TOWN HALL MEETINGS GENERAL MODEL
EDIT A-6(1)
TASI{FORCE/TOWN HALL MEETINGS GENERAL MODEL
City Council Final Public Input
Meetings Forum
Format agenda
Liaison Role discussion,public
Councilmember information&two --► 1 Public Process comment,public
way communication1°�•
A
•
•
Task Force Citizen Input Path
Steering sk Force Report to Council by
steering group
2 Council(appointed by
Mayor)
Public Process Role •
City Manager •• Open Subject Town Hall Meetings Task Force Public
(Technical Support) • For uzas*
A inted b CM Information coordinated Citizen lout
Y E---" steering u ----!
'Public Forums �_Couscasw
by ggro P—
reports to Council by 'Town Hall Meclings Forums
Representation/Coordination liaison or directly to 'Hearings,etc. group
Roles by Cvuncibnembw, public task force forums discussions,
idcuify issues.
Staff
develop
"Can be an appointed core group with consensus
general public forum or closed group,
depending on issues
MOTION"To Approve the Task Force/Town
r p
Hall General Model Herein Contained and
Incorporated as Ezhibit A6(1)of the City of
Regional Groups Technical Groups& Local Interest Groups Spokane Valley Council Rules of Procedure."
Organizations &Organizations
•
J
Governance Manual 3 1
EXHIBIT A-6(2)
MULTI-AGENCY COORDINATING TASK FORCE MODEL
EXHIBIT A-6(2)
MULTI-AGENCY COORDINATING TASK FORCE MODEL
' City Council Final Public Input
Liaison Rote Meetings }or=
Cou;.cilmembcr;City Maagger&two Fermat agenda
Y ___4,. EisoKSi,public
-Non City Liasen Rat:
way communication Public Process corn ara,public
Agcy/Group .4— Two-Way
-Non City burin;ac.
Agency/Group / •
■ ♦ /
ITask Force 1 City Board or Task Force Input
Steering Group N Coission r Report to Path
mm Canoed by
s'tec:ine coca
1-Co nci membzr 1
I-City Manager • Camp.Plan
1-City Board or Rorie..
Coff piss on • Towa Hall Meetings •
1-Non City Agency/Group
1-Non City Agency/Group Task Force Public
(Each agency appoints its Forums*
ownTep) Information coordinated ,ated citi rune
by steering&cap— --y •Open House Forams Caaaunsus
reports to Agency by *Town Hall Muting Forums
Repr- rtrtionJCeordiaation liaison or directly to 'Club?rout= P`C°a c
cr
g:cep
Roles by Steering Groap • public took force forums anc,
Mccitca
identify issues,
de oiop
•Crtn be an appointed core group with cnascv.
general public forum or closed group,
depending on issues
MOTION"To Approve the Multi-Agency
Y Coordinating Task Force General Model
flan Community •Gather Information Chart Herein Contained and Incorporated as
Information and *Technical Croups& Local Interest Groups Exhibit A6(2)of the City of Spokane Valley
Involvement Strategies Organizations &Organizations 1 Governance Coordination Rules of
Service Clubs,etc. i Procedure."
•
32
Governance Manual
EXHIBIT A-7
CITIZEN'S TASK FORCE GENERAL MODEL CHART
EXR tBIT A-7
Motion'To Approve the Citizens'Task Force General Model Chart Herein Contained and Incorporated
as Exhibit Al of the City of Spokane Valley Council Rules of Procedure." .
•
CITIZENS TASK FORCE i , p City Council
Cocas cue:or dazes, Meetings Final Public Input Forum
GENERAL MODEL l yam --e e—Fcrmaiagendaeisassion,pubilc-
morereairtrr comment,public hearings,etc.
I Pubic Process
a
Task Force Steering
I Council-(appointed .
by Mayor) .. .
Citizen Input Path
1 Citizen- Report to Council by steering group
Citizen Input (appo»'iced by Mayor,
— no y —01 approved by Council)
ef°Jal appointee Public Process•-
Community Consensus Role Public Forums
1 Staff• • Citizen Issue Consensus Forums
(appointed by City •Task Force Prosentation,group dscrssions,—
Manager) •Town Hal Meetings identity issues,develop consensus
Information coordinated by *Others
(Technical Support) ,r steering group•reports to_
C o u n c I 9 by liaison or directly
to public task force forums
_Representation!Coordination Roles
by Councilmember,Citizen or Staff
i
,
• • 1 t
Tecnn(ca.Groups local Interest
j Rap;cnai Groups i a cri„,& za^,ans Groups
Il I j 60:yanIza'ipns
•u,
F • .
Governance Manual 33
EXHIBIT A-8
Chapter 35A.13 RCW
Council-manager plan of government
Chapter Listing
RCW Sections
35A.13.010 City officers--Size of council.
35A.13.020 Election of councilmen-- Eligibility--Terms--Vacancies-- Forfeiture of office--Council chairman.
35A.13.030 Mayor-- Election--Chairman to be mayor--Duties.
35A.13.033 Election on proposition to designate person elected to position one as chairman--Subsequent holders of
position one to be chairman.
35A.13.035 Mayor pro tempore or deputy mayor.
35A.13.040 Compensation of councilmen-- Expenses.
35A.13.050 City manager--Qualifications.
35A.13.060 City manager may serve two or more cities.
35A.13.070 City manager-- Bond and oath.
35A.13.080 City manager-- Powers and duties.
35A.13.090 Creation of departments, offices, and employment--Compensation.
35A.13.100 City manager-- Department heads--Authority.
35A.13.110 City manager--Appointment of subordinates--Qualifications--Terms.
35A.13.120 City manager-- Interference by council members.
35A.13.130 City manager-- Removal-- Resolution and notice.
35A.13.140 City manager-- Removal-- Reply and hearing.
35A.13.150 City manager--Substitute.
35A.13.160 Oath and bond of officers.
35A.13.170 Council meetings--Quorum-- Rules--Voting.
35A.13.180 Adoption of codes by reference.
35A.13.190 Ordinances--Style-- Requisites--Veto.
35A.13.200 Authentication, recording and publication of ordinances.
35A.13.210 Audit and allowance of demands against city.
35A.13.220 Optional division of city into wards.
35A.13.230 Powers of council.
35A.13.010
City officers—Size of council.
The councilmembers shall be the only elective officers of a code city electing to adopt the council-manager plan of
government authorized by this chapter, except where statutes provide for an elective municipal judge. The council
shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and head of the
administrative branch of the city government. The city manager shall be responsible to the council for the proper
administration of all affairs of the code city. The council of a noncharter code city having less than twenty-five
hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants the
council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city
decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven
member council. If, after a city has become a council-manager code city its population increases to twenty-five
hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven
members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices
in the city. When the population of a council-manager code city having five councilmanic offices increases to five
thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven
members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote,
pursuant to RCW 35A.13.020, appoint two persons to serve in these offices until the next municipal general election,
at which election one person shall be elected for a two-year term and one person shall be elected for a four-year
term. The number of inhabitants shall be determined by the most recent official state or federal census or
determination by the state office of financial management. A charter adopted under the provisions of this title,
incorporating the council-manager plan of government set forth in this chapter may provide for an uneven number of
councilmembers not exceeding eleven.
Governance Manual 34
A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of
government and which has seven councilmanic offices may establish a five-member council in accordance with the
following procedure.At least six months prior to a municipal general election, the city council shall adopt an ordinance
providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two
councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall
provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of
a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old council-manager plan of government, as provided in RCW
35A.02.130, is subject to the laws applicable to that old plan of government.
[1994 c 223§35;1994 c 81 §72; 1987 c 3§16;1985 c 106§2;1983 c 128§2; 1979 ex.s.c 18§24; 1979 c 151 §34;1967 ex.s.c 119§
35A.13.010.]
Notes:
Severability--1987 c 3: See note following RCW 3.46.020.
Severability--1979 ex.s. c 18: See note following RCW 35A.01.070.
Population determinations, office of financial management: Chapter 43.62 RCW.
35A.13.020
Election of councilmen—Eligibility—Terms—Vacancies—Forfeiture of office—Council chairman.
In council-manager code cities, eligibility for election to the council, the manner of electing councilmen, the numbering
of council positions, the terms of councilmen, the occurrence and the filling of vacancies, the grounds for forfeiture of
office, and appointment of a mayor pro tempore or deputy mayor or councilman pro tempore shall be governed by the
corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the
council of a code city organized under the mayor-council plan, except that in council-manager cities where all council
positions are at-large positions, the city council may, pursuant to RCW 35A.13.033, provide that the person elected to
council position one shall be the council chairman and shall carry out the duties prescribed by RCW 35A.13.030.
[1994 c 223§36; 1975 1st ex.s.c 155§1;1967 ex.s.c 119§35A.13.020.]
35A.13.030
Mayor—Election—Chairman to be mayor—Duties.
Biennially at the first meeting of the new council the members thereof shall choose a chairman from among their
number unless the chairman is elected pursuant to RCW 35A.13.033. The chairman of the council shall have the title
of mayor and shall preside at meetings of the council. In addition to the powers conferred upon him as mayor, he
shall continue to have all the rights, privileges, and immunities of a member of the council. The mayor shall be
recognized as the head of the city for ceremonial purposes and by the governor for purposes of military law. He shall
have no regular administrative duties, but in time of public danger or emergency, if so authorized by ordinance, shall
take command of the police, maintain law, and enforce order.
[1975 1st ex.s.c 155§2; 1967 ex.s.c 119§35A.13.030.]
35A.13.033
Election on proposition to designate person elected to position one as chairman—Subsequent holders of
position one to be chairman.
The city council of a council-manager city may by resolution place before the voters of the city, a proposition to
designate the person elected to council position one as the chairman of the council with the powers and duties set
forth in RCW 35A.13.030. If a majority of those voting on the proposition cast a positive vote, then at all subsequent
general elections at which position one is on the ballot, the person who is elected to position one shall become the
chairman upon taking office.
[1975 1st ex.s.c 155§3.]
Governance Manual 35
35A.13.035
Mayor pro tempore or deputy mayor.
Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate
one of their number as mayor pro tempore or deputy mayor for such period as the council may specify,to serve in the
absence or temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise, appoint any
qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of
the extended excused absence or disability of a councilman, the remaining members by majority vote may appoint a
councilman pro tempore to serve during the absence or disability.
[1969 ex.s.c 81 §1.]Notes: Effective date--1969 ex.s.c 81: "This 1969 amendatory act shall take effect July 1,
1969." [1969 ex.s. c 81 §7.]
35A.13.040
Compensation of councilmen—Expenses.
The salaries of the councilmen, including the mayor, shall be fixed by ordinance and may be revised from time to time
by ordinance, but any increase or reduction in the compensation attaching to an office shall not become effective until
the expiration of the term then being served by the incumbent: PROVIDED, That compensation of councilmen may
not be increased or diminished after their election nor may the compensation of the mayor be increased or diminished
after the mayor has been chosen by the council.
Until councilmen of a newly-organized council-manager code city may lawfully be paid as provided by salary
ordinance, such councilmen shall be entitled to compensation in the same manner and in the same amount as
councilmen of such city prior to the adoption of this council-manager plan.
Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city,
the first councilmen shall be entitled to compensation as follows: In cities having less than five thousand inhabitants--
twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but
less than fifteen thousand inhabitants-- a salary of one hundred and fifty dollars per calendar month; in cities having
more than fifteen thousand inhabitants -- a salary of four hundred dollars per calendar month. A councilman who is
occupying the position of mayor, in addition to his salary as a councilman, shall be entitled,while serving as mayor,to
an additional amount per calendar month, or portion thereof, equal to twenty-five percent of the councilmanic salary:
PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is passed and
becomes effective as to such officers, and the compensation provided herein shall not be construed as fixing the
usual compensation of such officers. Councilmen shall receive reimbursement for their actual and necessary
expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per
diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance.
[1979 ex.s c 18§25;1967 ex.s.c 119§35A.13.040.]
Notes:
Severability--1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.13.050
City manager—Qualifications.
The city manager need not be a resident at the time of his appointment, but shall reside in the code city after his
appointment unless such residence is waived by the council. He shall be chosen by the council solely on the basis of
his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of,
accepted practice in respect to the duties of his office. No person elected to membership on the council shall be
eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he
was elected.
[1967 ex.s.c 119§35A.13.050.[
Governance Manual 36
35A.13.060
City manager may serve two or more cities.
Whether the city manager shall devote his full time to the affairs of one code city shall be determined by the council.
A city manager may serve two or more cities in that capacity at the same time.
[1967 ex.s.c 119§35A.13.060.]
35A.13.070
City manager—Bond and oath.
Before entering upon the duties of his office the city manager shall take an oath or affirmation for the faithful
performance of his duties and shall execute and file with the clerk of the council a bond in favor of the code city in
such sum as may be fixed by the council.The premium on such bond shall be paid by the city.
[1967 ex.s.c 119§35A.13.070.]
35A.13.080
City manager—Powers and duties.
The powers and duties of the city manager shall be:
(1)To have general supervision over the administrative affairs of the code city;
(2) To appoint and remove at any time all department heads, officers, and employees of the code city, except
members of the council, and subject to the provisions of any applicable law, rule, or regulation relating to civil service:
PROVIDED, That the council may provide for the appointment by the mayor, subject to confirmation by the council, of
a city planning commission, and other advisory citizens' committees, commissions, and boards advisory to the city
council: PROVIDED FURTHER, That if the municipal judge of the code city is appointed, such appointment shall be
made by the city manager subject to confirmation by the council,for a four year term. The council may cause an audit
to be made of any department or office of the code city government and may select the persons to make it, without
the advice or consent of the city manager;
(3)To attend all meetings of the council at which his attendance may be required by that body;
(4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant
the mayor to maintain law and order in times of emergency;
(5)To recommend for adoption by the council such measures as he may deem necessary or expedient;
(6) To prepare and submit to the council such reports as may be required by that body or as he may deem it
advisable to submit;
(7)To keep the council fully advised of the financial condition of the code city and its future needs;
(8) To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter 35A.33 RCW,
and to be responsible for its administration upon adoption;
(9)To perform such other duties as the council may determine by ordinance or resolution.
[1987 c 3§17;1967 ex.s.c 119§35A.13.080.]
Notes: Severability--1987 c 3: See note following RCW 3.46.020.
35A.13.090
Creation of departments,offices, and employment—Compensation.
On recommendation of the city manager or upon its own action, the council may create such departments, offices,
and employments as it may find necessary or advisable and may determine the powers and duties of each
Governance Manual 37
department or office. Compensation of appointive officers and employees may be fixed by ordinance after
recommendations are made by the city manager. The appointive officers shall include a city clerk and a chief of
police or other law enforcement officer. Pursuant to recommendation of the city manager, the council shall make
provision for obtaining legal counsel for the city, either by appointment of a city attorney on a full time or part time
basis, or by any reasonable contractual arrangement for such professional services.
[1967 ex.s.c 119§35A.13.090.]
35A.13.100
City manager—Department heads—Authority.
The city manager may authorize the head of a department or office responsible to him to appoint and remove
subordinates in such department or office. Any officer or employee who may be appointed by the city manager, or by
the head of a department or office, except one who holds his position subject to civil service, may be removed by the
manager or other such appointing officer at any time subject to any applicable law, rule, or regulation relating to civil
service. Subject to the provisions of RCW 35A.13.080 and any applicable civil service provisions, the decision of the
manager or other appointing officer, shall be final and there shall be no appeal therefrom to any other office, body, or
court whatsoever.
[1967 ex.s.c 119§35A.13.100.]
35A.13.110
City manager—Appointment of subordinates—Qualifications—Terms.
Appointments made by or under the authority of the city manager shall be on the basis of ability and training or
experience of the appointees in the duties which they are to perform, and shall be in compliance with provisions of
any merit system applicable to such city. Residence within the code city shall not be a requirement. All such
appointments shall be without definite term.
[1967 ex.s.c 119§35A.13.1101
35A.13.120
manager—Interference by council members.
Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or his
removal from, office by the city manager or any of his subordinates. Except for the purpose of inquiry, the council and
its members shall deal with the administrative service solely through the manager and neither the council nor any
committee or member thereof shall give orders to any subordinate of the city manager, either publicly or privately.
The provisions of this section do not 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.
[1967 ex.s.c 119§35A.13.120.]
35A.13.130
City manager—Removal—Resolution and notice.
The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the council. At
least thirty days before the effective date of his removal, the city manager must be furnished with a formal statement
in the form of a resolution passed by a majority vote of the city council stating the council's intention to remove him
and the reasons therefor. Upon passage of the resolution stating the council's intention to remove the manager, the
council by a similar vote may suspend him from duty, but his pay shall continue until his removal becomes effective.
[1967 ex.s.c 119§35A.13.130.]
35A.13.140
City manager—Removal—Reply and hearing.
The city manager may, within thirty days from the date of service upon him of a copy thereof, reply in writing to the
resolution stating the council's intention to remove him, In the event no reply is timely filed, the resolution shall upon
the thirty-first day from the date of such service, constitute the final resolution removing the manager and his services
shall terminate upon that day. If a reply shall be timely filed with the city clerk, the council shall fix a time for a public
Governance Manual 38
hearing upon the question of the manager's removal and a final resolution removing the manager shall not be
adopted until a public hearing has been had. The action of the council in removing the manager shall be final.
[1967 ex.s.c 119§35A.13.140.]
35A.13.150
City manager—Substitute.
The council may designate a qualified administrative officer of the city or town to perform the duties of manager:
(1) Upon the adoption of the council-manager plan, pending the selection and appointment of a manager; or
(2) Upon the termination of the services of a manager, pending the selection and appointment of a new manager; or
(3) During the absence, disability, or suspension of the manager.
[1967 ex.s.c 119§35A.13.150.]
35A.13.160
Oath and bond of officers.
All provisions of RCW 35A.12.080 relating to oaths and bonds of officers, shall be applicable to code cities organized
under this council-manager plan.
[1967 ex.s.c 119§35A.13.160.]
35A.13.170
Council meetings—Quorum—Rules—Voting.
All provisions of RCW 35A.12.110, as now or hereafter amended, and 35A.12.120, relating to council meetings, a
quorum for transaction of business, rules and voting at council meetings, shall be applicable to code cities organized
under this council-manager plan.
[1979 ex.s.c 18§26;1967 ex.s.c 119§35A.13.170.]
Notes: Severability--1979 ex.s. c 18: See note following RCW 35A.01.070.
35A.13.180
Adoption of codes by reference.
Ordinances of cities organized under this chapter may adopt codes by reference as provided in RCW 35A.12.140.
[1967 ex.s.c 119§35A.13.180.]
35A.13.190
Ordinances—Style—Requisites—Veto.
The enacting clause of all ordinances shall be as follows: "The city council of the city of do ordain as follows:"
No ordinance shall contain more than one subject and that must be clearly expressed in its title.
No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth
the revised ordinance or the amended section or subsection at full length.
No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or
charter, except that an ordinance passed by a majority plus one of the whole membership of the council, designated
therein as a public emergency ordinance necessary for the protection of public health, public safety, public property
or the public peace, may be made effective upon adoption, but such ordinance may not levy taxes, grant, renew, or
extend a franchise, or authorize the borrowing of money.
[1967 ex.s.c 119§35A.13.190.]
Governance Manual 39
35A.13.200
Authentication, recording and publication of ordinances.
Ordinances of code cities organized under this chapter shall be authenticated, recorded and published as provided in
RCW 35A.12.150 and 35A.12.160.
[1967 ex.s.c 119§35A.13.200.]
35A.13.210
Audit and allowance of demands against city.
RCW 35A.12.170 shall apply to the audit and allowance of demands against the city.
[1967 ex.s.c 119§35A.13.210.]
35A.13.220
Optional division of city into wards.
A code city organized under this chapter may be divided into wards as provided in RCW 35A.12.180.
[1967 ex.s.c 119§35A.13.220.]
35A.13.230
Powers of council.
The council of any code city organized under the council-manager plan provided in this chapter shall have the powers
and authority granted to legislative bodies of cities governed by this title as more particularly described in chapter
35A.11 RCW,except insofar as such power and authority is vested in the city manager.
[1967 ex.s.c 119§35A.13.230.]
Governance Manual 40
(EXHIBIT A-9
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
RESOLUTION NO.07-019
AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS
A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027,
ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS
OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH
ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND
EXECUTIVE DECISIONS TOWARD EFFECTIVE,RESPONSIVE,AND OPEN GOVERNMENT
WHEREAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged
with promulgating Ordinances and Resolutions which become the law of the city; and
WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and
in harmony with,all other applicable federal and state statutes and regulations; and
WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct
of city government;
Section 1. Modifying Resolution 03-027 as set forth below by adding new section 7. The remainder
of the resolution 03-027 is unchanged:
NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve
that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of
Spokane Valley City Government.
Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and
their government to look to the future beyond the present generation and to bring such
ideas to public discussion and to enhance a sense of community identity.
Section 2. We believe that elected body decision-making is the only lawful and effective way to
conduct the public's legislative business and that careful observance of a clear set of
Governance Coordination rules of procedure can best enhance public participation and
decision making.
Section 3. We believe in the City Council as policy leaders of the City. One or more City
Councilmembers are encouraged to take the lead, where practical, in sponsoring
Ordinances or Resolutions excepting quasi-judicial or other public hearings and the
statutory duties of the City Manager as set forth in RCW 35A.13.020.
Section 4. We believe in hearing the public view. We affirm that members of the public should be
encouraged to speak and be heard through reasonable rules of procedure when the public
business is being considered,thus giving elected officials the broadest perspectives from
which to make decisions.
Governance Manual 41
Section 5. We believe that the City of Spokane Valley's governance should be known as "user
friendly," and that governance practices and general operations should consider how
citizens will be served in the most responsive, effective and courteous manner.
Section 6. We believe that the economic and commercial job base of the community should be
preserved and encouraged to grow as an alternative to increasing property taxes. We
believe it imperative to have an expanded and diverse economic base,
Section 7. We believe that Councilmembers set the tone for civic discussion and should set an
example by:
(a) Setting high standards of decorum and civility.
(b) Encouraging open and productive conversation amongst themselves and with the
community about legislative matters.
(c) Demonstrating respect for divergent points of view expressed by citizens, fellow
Councilmembers and the staff.
(d) Honoring each other and the public by debating issues within City Hall and the
Community without casting aspersions on members of Council,the staff, or the public.
(e) Accepting the principle of majority rule and working to advance the success of
"corporate"decisions.
Section 8. We solicit the City Manager's support in conducting the affairs of the city with due
regard for:
(a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the
organizational teamwork necessary for effective,responsive and open government.
(b) Providing the City Council and public reasonable advance notice when issues are to be brought
forward for discussion.
(c) Establishing and maintaining a formal city-wide customer service program with emphasis on
timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation
within the bounds of responsibility, integrity, and financial capability of the city, including
organizational and job description documents while pursuing"best practices"in customer service.
(d) Seeking creative ways to contain or impede the rising cost of governmental services, including
examination of private sector alternatives in lieu of governmentally provided services.
(e) Providing a database 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 1 lth day of December,2007.
ATTEST:
Diana Wilhite,Mayor
Christine Bainbridge, City Clerk
Approved as to form:
Office of the City Attorney
Governance Manual 42