Resolution 04-013 Repealing & Replacing Governance Manual CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASH NGTON
RESOLUTION NO. 04-013
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, REPEALING AND REPLACING THE RULES OF PROCEDURE FOR CITY
COUNCIL MEETINGS, PUBLIC HEARINGS, LEGISLATIVE PROCESS AND PUBLIC
COMMENTS OR COMPLAINTS.
WHEREAS, the City Council desires that all Council meetings be open and responsive to the
public; and
WIIER.EAS, such meetings should be carried out with efficiency and uniformity in the manner of
Council and public participation; and
WHEREAS, written rules of procedure best assure an atmosphere conducive to said efficiency
and uniformity and that no member of the Council or public need 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, the Council adopted Resolution 03-028, setting rules and
procedures for conducting public hearings and meetings, including the "City of Spokane Valley
Governance Coordination Manual," which is dated May 13, 2003.
Section 2. The Council hereby repeals the "City of Spokane Valle}' Governance
Coordination Manual" dated May 13, 2003, and replaces it with the"City of Spokane Valley Governance
Coordination Manual" dated May 25, 2004, which is attached to this Resolution as Attachment A, and
which is incorporated herein by reference.
Section 3. Effective Date. This Resolution shall be in full force and effective upon
adoption.
Adopted this 25`h day of May, 2004.
City of Spokane Valley
.,---ft„,c4/1 „ID
A• T: Mayor Michael DeVlemi •
•
City Clerk, Christine Bainbridge
App ved
(--:" I 4_,}1
eput, ity Attorney, ary P. Dnskell
Resolution 04-013 Governance Manual
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CITY 01;-‘ _ _ e
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ATTACHMENT A
Governance Coordination
Manual
Resolution No. 04-013
A Comprehensive Collection of Meeting Rules,
Coordination Procedures, Administrative Public
Hearing Procedures, and Applicable References from
the Revised Code of Washington
1 Adopted May 25, 2004
Resolution 03-028 adopted 5-13-2003
Resolution 04-013 adopted 5-25-2004
Page I of 51
TABLE OF CONTENTS
.
ARTICLE 1 -COUNCIL MEETINGS 4
1.1.1 Council Meetings-Time and Location 4
1.1.2 Council Meetings-Open to the Public 4
1.2 Election of Officers 4
1.3 Presiding Officer 5
1.4 Quorum 5
1.5 Attendance,Excused Absences 5
1.6 Special Council Meetings 5
1.7 Council Material 6
1.8 Council Packets 6
1.9 Council Meeting Agenda I Consent Agenda 6
1.10 Approaching the.Dais 7
1.11 Study Sessions and Workshops 7 •
1.12 Council Travel Provisions 8
1.13 Telephone Tree 8
1.14 "Three Touch Principle" 8
1.15 City Manager 9
1.16 City Clerk-Minutes-Public Information Access 9
1.17 City Staff-Attendance at Meetings 10
ARTICLE 2-DUTIES AND PRIVILEGES OF MEMBERS 10
2.1 Respect and Decorum 10
2.I A Forms of Address 10
2.2 Seating Arrangement 10
2.3 Dissents and Protests 10
2.4 Filling Council Vacancies 10
ARTICLE 3-COUNCIL PROCEDURES 11
3.1 Rules of Order 11
3.2 Motions 11
3.3 Order of Business 11
3.4 Adjournment Due to Emergency or Disruption 14
3.5 Permission Required to Address the Council 14
3.6 Voting and Tele/video Conferencing 14
3.7 Enacted Ordinances,Resolutions and Motions 16
3.8 Ordinances 16
•
3.9 Resolutions 17
3.10 Reconsideration 17
3.11 Legislative Process,Preparation,Introduction and Flow of Ordinances,Resolutions and Motions.. 17
3.12 Complaints and Suggestions to Council 18
3.13 Photographs,Motion Pictures,Video Tape--Permission Required for Artificial Illumination 18
3.14 Audio Recordings of Meetings 18
Page 2 of 51
•
TABLE OF CONTENTS,Continued
ARTICLE 4-COMMITTEES,BOARDS& COMiVIISSIONS 18
4.1 Committees 18
4.2 Council Relations with Boards,Commissions and Council Citizen Advisory Bodies 19
ARTICLE 5-RELATIONS WITH CITY MANAGER&ADMINISTRATION 20
5.1 Role of the City Manager 20
5.2 Administrative Interference by Councihnembers 20
5.2.1 Informal Communications Encouraged 20
5.3 Administrative Complaints Made Directly to Individual Councilmembers 20
5.4 Administrative Complaints—"Best Practice" 21
ARTICLE 6-PUBLIC HEARING PROCEDURES 21
6.1 Appearance of Fairness Doctrine • 21
6.2 Actions for a Public Hearing 24
ARTICLE 7—USE OF RULES 29 •
•
7.1 Purpose . 29
7.2 Use 30 •--
7.3 Public Use or Reliance Not Intended 30
Exhibits and attachments:
Exhibit A-1 Telephone Tree Memo 31
Exhibit A-2 Telephone Tree for Council/Manager Chart 32
Exhibit A-3 Parliamentary Procedure at a Glance 33
Exhibit A-4 Legislative Process Flow Chart 14
Exhibit A-5 Committee Structure and Rules 35
Exhibit A-6(1) Task Force/Town Hall Meetings General Model 38 I
Exhibit A-6(2) Multi-Agency Coordination Task Force Model 39
Exhibit A-7 Citizen's Task Force General Model Chart 40
Exhibit A-8 Revised Code of Washington, 35A.13,Council/Manager Plan 41
Exhibit A-9 General Policy Resolution of Core Reliefs 50 •
Page 3 of 51
. ARTICLE I- COUNCIL MEETINGS
1.1.1 Council Meeting - Time and Location. All regular meetings of the City Council shall
be held at the times and locations specified by applicable ordinances and resolutions of
the Council.
i
1..1..2 Council Meetings - Open to the Public. AU meetings of the City Council and of
committees thereof shall he open to the public, except as provided for in R.CW 42.30.110
or RCW 42.30.140.
•
1.2 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.
1 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.
Page 4 of 51
1
1.3 Presiding Officer. The Mayor shall preside at meetings of the Council and be
recognized as the head of the City for all ceremonial purposes. The Mayor shall have no
regular administrative or executive duties. 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.
1.4 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)
1.5 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. If the member is unable to contact the Presiding Officer, the
member shall contact the City Manager or City Clerk, who shall convey the message to
the Presiding Officer. Following roll call, the Presiding Officer shall inform the Council
of the member's absence, state the reason for such 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. —
1.6 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. The notice form shall be approved by the City
Attorney.
(c) The notice shall be-delivered 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.
Page 5 of 51
(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 1.7 Council Material. Councilmembers and affected staff should read the agenda material
and ask clarification questions prior to the Council meeting, when possible. .
1.8 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 further directed by Council.
1.9 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 deleting any item from such agenda until the next regular
Council meeting when the full council shall vote on whether to introduce the item on the
agenda or for a subsequent Council meeting. 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 proceeding a
Tuesday regular Council meeting, or at the close of business at least 24 hours preceeding
a special Council meeting. Any revised agenda therafter distributed shall contain the date,
time and author of the revision Distribution of the agenda to Councilmembers shall be
as directed by Council and may be by mail boxes in City Hall, Fax, E-mail or personal
delivery when requested.
Requests for presentations to be scheduled on the formal agenda imply that the
presentation is the official business of the City. Playing of video .tapes shall be
pre-screened by the Presiding Officer or designee who shall rule on the appropriateness
of the video tape.
1
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.
•
•
Page 6 of 51
(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 City Clerk shall read the consent agenda actions, including the titles of any
resolutions contained therein, unless waived by motion of the Council.
(c) The proper Council motion on the consent agenda is as follows: "I move
adoption of the consent agenda." This motion shall be non-debatable and will
have the effect of moving to adopt all items on the Consent Agenda. Since _.
adoption 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 adopt 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.
1.10 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 hand-outs.
Approaching the dais will not be permitted after ten minutes prior to the start of the
meeting.
The Council reserves the right to invite anyone forward to be addressed at the dais.
1.11 Study Sessions and Workshops. Regular or Special Council meetings, or portions
thereof, may be designated as Study Sessions by the Presiding Officer. Study Sessions
need have no formal agenda, except when required for special meetings under RCW
42.30.080, and may be conducted informally so long as such informality is not in conflict
with these rules. The purpose of Study Session discussions 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 consuming, complex matters (i.e., budget, complex legislation or
reports, etc.). Workshops and Study Sessions shall be in a less formal setting but
shall not discourage public observation. Public comment is not allowed 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
Page 7 of 51
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Council study session or workshop worksheet for the meeting. The worksheet shall,for
each item, contain the discussion subject, the discussion leader, the activity and the
discussion goal, After the proposed worksheet has been approved by the Presiding
• Officer, a copy 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.
During the Council study session or workshop, the discussion leadershould
(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 Presiding Officer retains the option of assuming the function of the discussion leader
at any time in order to keep the discussion properly focused.
1.12 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
statements of expenditures to date will be provided 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.
_i 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.
1.13 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.
1.14 "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 •
Page 8 of 51
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" (oral, written or any combination
thereof) the Decision makers three separate times. Quasi-judicial matters and —'
any subject discussed in executive sessions are excluded from application of the
"Three Touch Principle."
• It is recognized that the hands of decision makers should not be tied
unnecessarily. Unexpected circumstances may arise (especially during new city
incorporation efforts) wherein observance of the "Three Touch Principle" is
impracticle. 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..15 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. In the event that the City
Manager is unable to attend a Council meeting, the City Manager shall appoint a key staff
member to attend the meeting as the representative of City administration. (RCW
35A.13.080) _..
1.16 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 identify
the general discussion of the issue and complete detail of the official action or consensus
reached, if any. The City Clerk shall tape record the proceedings of all public hearings,
regular meetings, and of all land use matters and quasi-judicial matters, and shall keep
and make available an index of the topics of each meeting which will facilitate location
of the item in the appropriate minutes of business . Access to the tape recordings shall be
made reasonably available to any party who so requests, according to City public
information procedures. (See Sec. 3.14.)
Page 9 of 51
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1.17 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 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 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.
End of.Arti.cle I- Council Meetings
ARTICLE 2- DUTIES AND PRIVILEGES OF MEMBERS
2.1 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 obey the orders 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
it's 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 3.4 of this
resolution.
2.1A 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.
2.2 Seating Arrangement. Councilmembers shall occupy the respective seats in the Council
I - Chamber assigned to them by the Mayor.
2.3 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.
2.4 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, the procedure, and distribute the application form for applying. The
Council will draw up an application which contains relevant information to answer set
•
questions posed by the Council. The application forms will be used in conjunction with
an interview of each candidate to aid the Council's selection of the new Councilmember.
Page 10 of 51
End ofArticle 2-Duties and Privileges of Members
ARTICLE 3- COUNCIL MEETING PROCEDURES
3.1. 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.
(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 Presiding Officer in his/her sole discretion shall rule on
allowing or disallowing the out of order request.
3.2 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.
3.3 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) Pledge of Allegiance.
(c) Invocation.
(d) Roll Call (see Section 1.5 for procedure to excuse an absence). _
Page H of 51
•_ • i
(e) Committee. board and liaison summary reports. Extended reports shall be placed
after New Business or submitted in writing.
(f) Presiding Officer's report.
(g) Comments from the public on subjects not on the agenda - limit 3 minutes each,
unless modified by the Presiding Officer.
Note: the City Council desires to allow a maximum opportunity 6r 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.
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 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 he 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.
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Page 12 of 51
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. Public comments received during the public comment period shall not be
allowed by the Council if they relate to any matter upon which a public -
hearing may be required.
(h) Public Hearings (see Article 6 for procedural details).
(i) Consent Agenda (see Section 1.9 (a) for procedural details).
(j) Old Business.
(k) New Business.
(1) Public Comments. (3minute time limit each)
(m) Administrative Reports. Reports or tracking of an administrative nature.
(n) Information.
(o) Executive Session (as required). Executive sessions may 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 Chair shall publicly announce the purpose for excluding the
public from the meeting place and the time when the executive session shall be
concluded. If the Council wishes to adjourn at the close of a meeting from
executive session, that fact will be announced along with the estimated time for
the executive session. The announced time limit for executive sessions may be
extended by announcement of the Chair.
Councilmembers must keep confidential all oral and written information provided
during executive sessions to protect the best interests of the City. 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.
(p) Next meeting date announced by Presiding Officer.
Page 13 of 51
•
•
•
(q) 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.
• 3.4 Adjournment Due to Emergency or Disruption. In the event of emergency, such as a
fire, threatened violence, or inability to regain good order, the Mayor shall fcathwith
declare the meeting adjourned or continued and the City Council shall immediately leave
• the meeting room.
3.5 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.
•
3.6 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.
(c) Every member who was in the Council chambers 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 thru death or
injuries, the provisions of RCW 35A.13.035 may be invoked.
• 1
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(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 procedings, be heard by those
present and participate in Council discussion.
(a) Requests to use tele/video conference participation for voting
purposes shall be limited to extraordinary circumstances and must
be ruled upon by the Council-of-the-Whole by specific motion
before the Council main agenda begins.
(b) 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
Councilmembefs own expense, unless waived in the Council
motion. Adequate notice must be given to allow hookup in time
for the main agenda. —
2. Requests to monitor by tele/video conference in a nonvoting capacity
shall be granted provided technical capability exists and adequate notice is
given, and shall be at the Councilmember's own expense, unless waived in
the Council motion.
3. 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.
4. Examples of extraordinary circumstances would be emergencies or illness,
accident, unforeseen urgent business, etc.
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• 3.7 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.
3.8 Ordinances. The procedures for ordinances are as follows: •
(a) A Councilmember may, in open session, request of the Presiding Officer that the
Council study the wisdom of enacting an ordinance. The Presiding Officer then
may assign the proposed ordinance to the administration, a committee or the
Council-of-the-Whole for consideration. The committee or administration shall
report its findings to the Council. The City Manager may propose the drafting of
ordinances (RCW 35A.13). Citizens and 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 for the measure.
(c) All 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.
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Paee 16 of 51
•
(f) Any ordinance repealing any portion of the Spokane Valley Municipal Code shall
also repeal the respective portions of the underlying ordinance(s). Ordinances
repealing earlier ordinances shall not apply to acts, incidents, transactions or
decisions occurring before such repeal.
3.9 Resolutions. A resolution may be put to its final passage on the same day on which it
was introduced. However, Council may invoke the two (2) reading procedures described
in Section 3.8 (c) above to facilitate public understanding and/or comment on the
resolution. The title of each resolution shall,unless waived by the City Council, be read
prior to its passage. A Councilrnember 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 can only be made by a member of the prevailing side on
the original action. A motion to reconsider must be made no later than the next
succeeding regular Council meeting. A motion to reconsider is debatable only if the
action being reconsidered is debatable. Upon passage of a motion to reconsider, the
subject matter is returned to the table anew at the next regular Council meeting for any
action the Council deems advisable. 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.
(a) PROPOSED DRAFTS shall contain the dateand name of the group or individual
originating or sponsoring the proposal prior to the first presentation to the City
Council. Proposed drafts may be initiated by individual Councilmembers, the
City Manager, Citizens or by Boards, Commissions or other task groups
Page 17 of 51
(b) COUNCIL DRAFTS shall be documents or proposals which have been
presented in open session and voted by the City Council for further consideration.
3.12 Complaints and Suggestions to Council. When citizen complaints or suggestions are
brought before the City Council not on an 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-of-the-Whole
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 flood lights, 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.
3.14 Audio Recordings of Meetings. All regular meetings,public hearings and quasi-judicial
proceedings of the City Council shall be recorded by the City Cleric on an audio
recording device. Workshops or study sessions are mostly comprised of legislative or
administrative project discussion with no formal action intended. Therefore, workshops
or study sessions shall not be recorded except as set forth in Section 1.14 above, unless
the Council elects upon advice of the City Manager, City Attorney, or City Clerk.
End of Article 3- Council Procedures
ARTICLE 4 - COMMITTEES, BOARDS & COMMISSIONS
4.1 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.
•
' i Page 18 of 51
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(b) All other Council Committees, Citizen's Taskforce groups.and rules or operating
procedures thereof shall be established by Council Directive with special attention
to R.0\'V 35A.l3.120, 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 he 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.
(d) Committees, liaisons and citizen's 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
reconunendation(s) during discussion of that business item on a Council agenda.
(e) No Advisory Board or Commission shall take any final action outside of an open
public meeting.
4.2 Council Relations with Boards, Commissions and Council Citizen Advisory.
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
Page 19 of 51
•
•
ARTICLE 5- RELATIONS WITH CITY MANAGER & ADMINISTRATION
5.1 Role of the City Manager. The City Manager is the chief administrative officer of the
City of Spokane Valley. The 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.
5.2 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. (RCW35A.13.120.)
5.2.1 Informal Communications Encouraged. The above requirement of RCW is not to be
construed as to prevent informal communications with City staff that do not involve
i 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 relevent 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.
5.3 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.
Page 20 of 51
5.4 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 5.3 above.
End of Article 5—Relations with City Manager&Administration
ARTICLE 6- PUBLIC HEARING PROCEDURES
6.1 Appearance of Fairness Doctrine. Appearance of Fairness Doctrine and its
Application:
(a) Appearance of Fairness Doctrine Defined. "In short, when the law which calls
for public hearings gives the public not only the right to attend, but the right to be
heard as well, the hearings must not only be fair but must appear to be so. It is a
situation where appearances are quite as important as substance." Smith vs.
Skagit Colin r. 75 Wn.2d 715 (1969). "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).
(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. __
Page 21 of 51
•
(c) Obligations of Councilmembers - Procedure.
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 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.
?. 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
s 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 he 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.
•
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Page 22 of 51
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) Specific Statutory Provisions.
l. 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.
2. 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) •--
3. 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) provided that a public announcement of
the content of the communication and of the parties' right 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)
(e) 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 Washingtai State
Public Disclosure Commission.
(f) 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
Page 23 of 51
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.
6.2 Actions for a Public Hearing. The procedures for a public hearing are as follows:
(a) Prior to the start of the public hearing, the Presiding Officer may require that all
persons wishing to be heard shall sign in with the City Clerk, giving their names
and addresses, the agenda item, and whether they wish to speak as proponent,
opponent, or otherwise. Any person who fails to sign in shall not be permitted to
speak until all those who signed in have done so. At any public hearing, persons
who have signed in and wish to be heard shall be given an opportunity to be
heard. However, the Presiding Officer shall be authorized to establish speaker
time limits and otherwise control presentations to avoid repetition. In public
hearings that are not of a quasi-judicial nature, the Presiding Officer, subject to
concurrence of the majority of the Council, may establish time limits and
otherwise control presentations. The Presiding Officer may change the order of
speakers so that testimony is heard in the most logical groupings, (i.e.,
proponents, opponents, adjacent owners, vested interests, etc.)
(b) The Presiding Officer introduces the agenda item, opens the public hearing, and
announces the following Rules of Order:
1. All comments by proponents, opponents, or the public shall be made from
the speaker's rostrum, and any individual making comments shall first
give his/her name and address. This is required because an official
recorded transcript of the public hearing is being made. If there is any
appeal, the court must make its decision on the basis of what was said at
the public hearing.
2. It is not necessary to be a proponent or opponent in order to speak. If you
consider yourself neither a proponent nor opponent, please speak during
the proponent portion and identify yourself as neither a proponent nor an
opponent.
3. 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, applause or other audience participation
during or at the conclusion of anyone's presentation. The Council is not
allowed to consider such expressions and it takes 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.
i
Page 24 of 51
(c) 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 Tern) 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.
(d) Site-Specific Comprehensive Plan and Zoning Amendments ("Rezones").
The following are general concepts and not intended to add to or change
applicable statutes or ordinances or to be considered a land use control. Under
Washington's Growth Management Act, Chapter 36.70A RCW, as implemented
by Spokane Valley, site-specific rezone requests (initiated by property owners or
developers) are processed not more frequently than once each year, concurrently
with the Comprehensive Plan amendment process. This assures that all rezones
are consistent with the overarching purposes and intent of the Growth
Management Act and the City's Comprehensive Plan. All zoning must be
consistent with, and implement the Comprehensive Plan. To that end, at the
outset of each public hearing or meeting to consider a zoning amendment or
zoning reclassification, the Presiding Officer or City Attorney will announce the ;
legal standards for Comprehensive Plan and zoning amendments and ask the
parties to limit their presentations to information within the scope of the
standards. The form of the announcement is as follows:
The following are general concepts regarding Comprehensive Plan and zoning
amendments under the law of the State of Washington:
1. The current zoning is presumed valid.
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Page 25 of 51
1
2. The burden of proof is on the applicant for the sito-specific
Comprehensive Plan and zoning amendment to establish by proof in
sufficient measure that the following requirements have been satisfied. In
making its decision, the City Council will consider the recommendations
made by the Planning Commission and the record developed before the
Planning Commission. Requirements (a), (b), and (c) stated below shall
be "considered" and weighed by the Council. The Council must
affirmatively find that the applicant has satisfied requirements(d) through
(k):
(a) 'Whether circumstances related to the proposed amendment and/or
the area in which it is located have substantially changed since the
adoption of the Spokane Valley Comprehensive Plan;
(b) Whether the assumptions upon which the Spokane Valley
Comprehensive Plan is based are no longer valid, or whether new
information is available which was not considered during the
adoption process or any annual amendments of the Spokane Valley
Comprehensive Plan;
(c) Whether the proposed amendment reflects current widely held
community values;
(d) The proposed amendment meets concun-ency requirements for
transportation, sewer, and water, and does not adversely affect
adopted level of service standards for other public facilities and
services, such as police, fire and emergency medical services, park
services, and general government services;
• (e) The proposed amendment is consistent with the goals, policies and
objectives of the various elements of the Spokane Valley
Comprehensive Plan;
(f) The proposed amendment will not result in probable significant
adverse impacts to the city's transportation network, capital
facilities, utilities, parks, and environmental features that cannot be
mitigated, and will not place uncompensated burdens upon existing
or planned service capabilities;
(g) In the case of an amendment to the land use map, the subject
parcels are physically suitable for the requested land use
designation and the anticipated land use development, including
•
but not limited to access, provision of utilities and compatibility
with existing and planned surrounding land uses;
•
Page 26 of 51
(h) The proposed amendment will not create a pressure to change the
land use designation of other properties, unless the change of land
use designation for other properties is in the long-term interests of
the community in general;
(i) The proposed action does not materially affect the land use and
growth projections which are the basis of the Comprehensive Plan;
(j) The proposed action does not materially affect the adequacy or
availability of urban facilities and services to the immediate area
and the overall area of the city; and
(k) The proposed amendment is consistent with the GMA, the adopted
county-wide planning policy of Spokane County, any other _.
applicable interjurisdictional policies or agreements, and any other
state or local laws.
3. The facts in support of the application may come from any source; either
the applicant, the administration, or the public. The important
consideration is that the decision must be made on the basis of information --
provided to the Planning Commission and to the City Council at this
public hearing or any continued public hearing. All evidence, such as
. photographs, letters, charts, maps, slides, computer presentations or other
evidence must remain in the record in a form which can be reviewed on
any appeal. For example, a print out of a computer slide show may be
submitted. Any exhibit not remaining in the record will not be considered.
4. After the testimony, the public hearing will be closed and there will be a
motion to approve the plan and zoning amendment. This does not mean
that the member so moving or so seconding is in favor of the rezone, but
that Council has been advised by the City Attorney that affirmative
motions are preferable. -1
5. Following the decision, this body must make findings of fact and
conclusions of reasons for its action. These findings may be drafted by the
administration or there may be a recess for the drafting of such items.
PUBLIC HEARING
(e) The Presiding Officer announces the matter, opens the public hearing, asks all
persons who intend to be witnesses to be sworn to tell the truth and then calls
upon City administration to describe the matter under consideration. The
Presiding Officer may individually swear witnesses. `Bearing in mind the legal
standards I have just described, please limit your comments to information within
the scope of these standards."
Page 27 of 51
1 0
(f) The Presiding Officer will customarily call for proponents in quasi-judicial
proceedings and for speakers in non-quasi-judicial proceedings. When
considering a site-specific Comprehensive Plan and zoning amendment or zoning
reclassification, the Presiding Officer shall announce:
"Site plans, artistic renditions, and the like in support of a zoning amendment
should be avoided except as they help explain the terms of any proposed or
anticipated conditions for approval. Any graphic representations should be used
. for illustrative purposes only, and the administration or City Council should avoid
indicating approval or disapproval of such plans. Such evidence shall remain a
part of the record."
(g) The proponents or speakers now speak. (Note: if the City of Spokane Valley is
the proponent, a member or members of the administration shall be designated to
give proponent and rebuttal testimony.)
•
(h) The Presiding Officer calls for additional proponents or speakers.
(i) In non-quasi-judicial proceedings refer to Section 3.3 (h), otherwise the Presiding
Officer calls for opponents by announcing the following:
"At this time the opponents and persons who do not claim to be either a
proponent or an opponent will have an opportunity to speak. Should any
•
opponent have questions to ask of the proponents, ask the questions during your
presentation. The proponents shall note the question asked, and answer such
questions when the proponent speaks in rebuttal. The proponent shall be required
to answer any reasonable question, provided that the Presiding Officer reserves
the right to rule any question out of order."
(j) Opponents speak.
(k) The Presiding Officer calls for additional opponents up to three(3) times.
(1) The Presiding Officer calls for proponents to speak in rebuttal. A proponent
speaking in rebuttal shall not introduce new materials. If the proponent does, or is
allowed to do so, the opponents shall also be allowed to rebut the new elements.
(m) The Presiding Officer announces the following:
"At this time I will inquire of the administration whether the administration
wishes to introduce any testimony as to subjects raised by the proponents or
opponents, or alter in any regard its initial recommendations."
i .
Page 28 of 5 I
s
(n) The Presiding Officer inquires as to whether Councilmembers have any questions
to ask the proponents, opponents, speakers, or administration. If any
Councilmember has questions, the appropriate individual will be recalled to the
podium. The Presiding Officer may also permit questions by Councilmembers of
any witness at the conclusion of their testimony. Questions of witnesses
submitted by proponents or opponents may be asked by the Presiding Officer of
such witnesses if deemed relevant.
(o) The Presiding Officer closes the public hearing. Additional testimony may not be
requested or considered after the closing of the public hearing unless the Presiding --
Of
Officer declares the record open until a date certain for the purpose of receiving
written testimony, such as a legal brief; on a subject(s) specified by the Presiding
Officer.
(p) The Presiding Officer inquires if there is a motion by any Councilmembers. If a
•
motion is made, it shall be in the form of an affirmative motion. Following.the
motion and its second, discussion occurs among Councilmembers. The Presiding
Officer may call on individual Councilmembers in the discussion.
(q) The Presiding Officer inquires if there is any further discussion by the
Councilmembers.
(r) The Presiding Officer inquires if there are any final comments or -•�
recommendations from administration.
(s) The Presiding Officer inquires of the Councihembers as to whether they are
ready for the question.
•
(t) The City Clerk shall conduct a roll call vote.
(u) The Presiding Officer may direct the administration to prepare findings. The
findings may be approved the same night, if ready, or may be placed on the
agenda of the next regular meeting.
End of Article 6-Public Hearing Procedures
ARTICLE 7— USE Of RULES
7.1 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 sources but they are not intended to be an amendment
or substitute for those statutes, ordinances, court decisions or other authority.
Page 29 of 51
•
7.2 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 ouncilmemher°s or
Council action or be deemed a violation of oath of office, misfeasance or mal€easa ice-
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.
7.3 Public Use or Reliance Not Intended. Because these rules are designed to assist the
City Council and not to provide substantive rules affecting constituants, 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— Else ofRuies
k-
•
•
U
In
Page 30 of 51
•
•
EXHIBIT A-1
Motion "To Approve the Telephone Tree Memo Herein Contained and Incorporated as Exhibit
A-1 of the City of Spokane Valley Council Rules of Procedure."
•
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.
Page 31 of 51
- -
EXHIBIT A-2
Motion"To Approve the Telephone Tree for Council/Manager Chart Herein Contained andlltcorporated as
Exhibit A-2 of the City of Spokane Valley Council Rules of Procedure."
COUNCIL MEMBER
NAME
PHONE(WORK)
Telephone Tree for 1^.t COUNCIL MEMBER PHONE(HOME)
Council / Manager Government
NAME
CELLULAR
First call by Mayor —.PHONE(WORK) —
or City Manager PHONE(NOME)
COUNCIL MEMBER
MAYOR OR CITY MANAGER CELLULAR
NAME
NAME -►PHONE(WORK)
PHONE(WORK) PHONE(HOME)
PHONE(HOME) CELLULAR
CELLULAR
NAME COUNCIL MEMBER
PHONE(WORK) NAME
PHONE(HOME) • PHONE(WORK)
CELLULAR PHONE(HOME)
2nd COUNCIL MEMBER
NAME • CELLULAR
—►PHONE(WORK) —
PHONE(HOME) COUNCIL MEMBER
NAME
CELLULAR
— PHONE(WORK)
PHONE(HOME)
CELLULAR
Page 32 of 51
EXHIBIT A-3
Motion"To Approve the Parliamentary Procedure at a Glance Herein Contained and
incorporated as Exhibit A-3 of the City of Spokane Valley Council Rules of Procedure."
PARLL4MENTARY PROCEDURE AT A GLANCE
May you
Must be Is motion , - -
To do this: You say this: interrupt seconded:' debatable? V ote required
speaker?
•
Introduce business 9 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
I
End debate "I move the previous question ..." NO YES NO MAJORITY
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 9 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 "1 move we reconsider action on
of ..." YES YES YES MAJORrn'
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
Page 33 of 51
-- — — -
•
•
EXHIBIT A-4
Motion "To Approve the Legislative Process Flow Chart Incorporated as Exhibit A4 {.4 the City ofSpokane Valley Council Rules
of Procedure Booklet." Approved May 13, 2003
LEGISLATIVE PROCESS FLOW CHART
• 1 Citizens
City Council (proposed draft)
414
I ,
City Manager
(prapascd draft)
A Council Study Session
(Council draft or summary)
Administration study is �i Initiative filed
draft (only for matters subject to
(proposed draft) P' initiative in accordance With
I * i .Washington Iaw) -
City Council 1st reading
• Public meeting
(Council draft) . Election held
City Council 2nd reading
ordinances - —
i
(Council ordinance) If approved by voters,
ordinance prepared
r
ADOPTED POLICY 1 LAW OF THE CITY
Page 34 of 51
I.
EXHIBIT A-5
Motion "To Approve the Committee Structure And Rules Herein Contained and Incorporated ! -
as Exhibit A-5 of the City of Spokane Valley Council Rules of Procedure,".
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 terra of
office of the appointing Mayor and confirmed by Council!
Fin.ancc-- 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-of-the-Whole, 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 I .
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 (ie: Planning Commission
quasi-judicial). Liaisons functions and duties may be further defined and/or
directed by the Presiding Officer with concurrence of Council_
Page 35 of 51
1
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 recommendions 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
he 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).
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 manner similar to the Task Force Procedures contained in Sections 4
and 5 above. The procedures are further illustrated in Exhibit A7, attached.
Page 36 of 51
I
S. 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 HalUNeighborhood 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 halUneighborhood 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.
Page 37 of 51
EXHIIBIT A-6(.1)
TASK FORCE/TOWN HALL MEETINGS GENERAL MODEL
City Council 1 Final Public Input
Meetings F•oma
Formal agenda
Liaison Role discussion.public
Councilmember information&two ► Public Process comment,public
r.
way communication hen ings.etc.
•Task Force Citizen C Input Path O.
Report to Council by
Steering steering group
2 Council(appointed by
Mayor)
1
Publiciaae ss Role
City Manager • Open Subject Town Hall Meetings
Task Force Public
(Technical Support) Forams*
Appointed b y CM • Information coordinated Citizen Issue
pp } by steering group— *Public Forums 4 Consensus
reports to Council by
*Town Hall Meetings Forums
to
p Presentation.
I Representation/Coordination liaison or directly to *Hearint ,etc. group
by Councilmember,
public task force forums discussions.
Roles
identify issues.
Stan
develop
*Can be an appointed core group with consensus
• general public forum or closed group,
ID
depending on issues
MOTION"To Approve the Task Force/Town
Hall General Model Herein Contained and
Incorporated as Exhibit A6(1)of the City of
Regional Groups Technical Groups& Local Interest Groups Spokane Valley Council Rules of Procedure."
Organizations & Organizations
Page 38 of 51 .
E:[-BIT A-6(2)
MULTI-AGENCY COORDINATING TASK FORCE MODEL
City Cknizil Final Public Input
Forum
Giaisott Rolf Meetings
Formal a coda
Cowl LilinemberfCtty i 4anagcr&two
way communication discussion:public
TNon City Liaison Rob:: Public Process couu new,public
AgcnoyfGroup * Two-Way hearings,etc.
-Non City A
Agency/Group
•
iT
. 111111
—
Task For 4c11 City Board or Task Force Input
Path
Steering Group !4 C olsuuission * Report to Council by
SleeraTia 12.1-01-117
1-COMIC ilmember
l-City Iv1anager pomp, Ptan
1-City Board or Review
Commission iii Town Hall Meetings
1-Non City Agency/Group
1-Non City AgencyfCiroup Ta Ic F Pahl I c
(Each agency appoints its. Forums*
information coordinated • Cif izen Issue
own rep) Consensus
4 by steering group PI' *OpCn I'IouSe Fumy]s
arts to Agency by *Town Hall Meetings Forums
• reF g Y Y Presentakicnt,
Rcprescnkakion.iCoardinr�tiun I liaison or directly to *Club Programs ink) I gr 1 p
Rules by Steering Group public task force forums dtsr:us<si;an_s,
Mcmbcrs identify issues,
develop
• *Can be an appointed core group with commix.;
general public. forum or closed group,
• --- depending on issues
MOTION "To Approve the Multi-Agency
• — T • .. Coordinating Task Force General Model
Plan Community * Gather information Chart Herein Contained and Incorporated as
Information and *Technical Groups& Local Interest Groups Exhibit M(2)of the City of Spokane Valley
Involvement Strategies Organizations & Orgsiniz Lions Governance Coordination Rules of
Service Clubs, etc. Procedure."
Page 39 of 51
i — - I I 7 . - - ' — —°—
i � I - . •-1 I ---
EXHIBIT A-7
Motion"To Approve the Citizens'Task Force General Model Chart Herein Contained and Incorporated
as Exhibit A7 of the City of Spokane Valley Council Rules of Procedure."
CITIZENS TASK FORCE r iaicon Role City Council
GENERAL MODEL COW ncllmemberorcitizen, Meetings Final Public Input Forum
Information&two way —Formal agenda discussion,public—
communication comment, public hearings,etc.
Public Process
•
•
Task Force Steering
1 Council - (appointed
by Mayor) 00
_ Citizen Input Path _
1 Citizen- a Report to Council by steering group
Citizen Input (appointed by Mayor,
Qualified approved by Council
- )
official appointee
Public Process--
Community Consensus Role Public Forums
1 Staff-
(appointed by City I ` Task Force Citizen Issue Consensus Forums
Presentation,group discussions, —
Manager) ' Town Hall Meetings identify issues,develop consensus
Information coordinated by ` Others
(Technical Support) .._ steering group-reports to _
Council by liaison or directly
to public task force forums
_Representation!Coordination Roles
by Councilmember,Citizen or Staff
•_ r
Technical Groups Local Interest
Regional Groups &Organizations Groups
&Organizations
Page 40 of 51
%Mane
.0•OValley
Exhibit A-8
'REMISED CODE of WASHtNGPION x
Tii I 3-5WewlePTIO5N_A MUNICIPAL C ODE ;' ',
ltgnifi�� • ° 3 RCW d.CA LIIiNTAY§11AGER PLAN OR GOVERNMENT,
Chapter WRCW
COUNCIL-MANAGER PLAN OF GOVERNMENT
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.J3.040 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.l3.090 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 councilmembers.
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,1;3.180 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.
Page 41 of 51
0
j Wkane
35A,13,220 Optional division of city into wards.
35A,13.230 Powers of council.
RCW 35A.13.010 City officers--Size of council. t.
1
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. -
A noncharter code city of less than five thousand inhabitants which has elected the council-
manager plan of government and which has seven council.manic 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.]
Pace 42 of 51
ISrolikane
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 offinancial management: Chapter 43.62 RCW.
RCM 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 cx.s. c 119§ 35A.13.020.]
RCW 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 lstex.s.c 155 § 2; 1967 cx.s.c 119 § 35A.13.030.]
RCW 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.]
RCW 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
Page 43 of 51
lley
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 temporc 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.]
RCW 35A.13.040 Compensation of councilmen--Expenses.
it 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 tern 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.
I
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
Sr 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.01.07Q.
RCW 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.
Page 44of51
[1967 ex.s.c 119 § 35A.13.050.]
RCW 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.]
RCW 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.]
RCW 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;
Page 45 of 51
(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:
i Severability--1987 c 3: See note following RCW 3.46.020.
RCW 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 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.13.090.1
RCW 35A.13.100 City manager—Department beads--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
f 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.]
RCW 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.
Page 46 of 51
s�
[1967 ex.s. c 119 .
§ 35A.13.110.]
RCW
35A.13,1.20 !
City manager__
interference.by
eouneilmember.
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.13.12.0.]
311 City mana er--Removal--Resolution and notice. • -
RCW 35.4.E 3 X., � g
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
• enlist 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_ . -
l]967 ex_s. c 119 35A.13.130,)
RCW 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 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_
11967 ex.s. c 119 § 35A 13,140.1 • '
12 V'. 35A.13.150
City manager—
Substitute,
The council may designate a qualified administrative officer of the city or town to perform the
Page 47 of 51
•
0
Valley
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.)
RCW 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.]
RCW 35A.13.170 Council meetings—Quorum--Rules--Voting.
All provisions of RCW 35A.I2.110, 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.
RCW 35A.13.180 Adoption of codes by reference.
Ordinances of cities organized under this chapter may adopt codes by reference as provided in
RCN 35A.12.140.
[1967 ex.s.c 119§35A.13.180.]
RCW 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.
Page 48 of 51
S Yikane
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.] •
RCW 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.
[1967cx.s.c 119§35A.13.200.]
RCN 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.)
RCW 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.] •
RCW 35 .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.]
Page 49 of 51
jey
Exhibit A-9
RESOLUTION NO. 03-027
GENERAL POLICY RESOLUTION OF CORE BELIEFS
A RESOLUTION OF THE NEW CITY OF SPOKANE VALLEY 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;
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 Governence 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 arc 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.
Page 50 of 51
•
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.
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 solicit the City Manager's support in conducting the affairs of the city with
•
due regard for:
•
(a) Promoting mutual respect between the Citizens, City staff and the City •
Council by creating the organizational teamwork necessary for effective,
responsive and open government.
(b) Providing the City Council and public reasonable advance notice when
issues are to be brought forward for discussion. —
(c) Establishing and maintaining a formal city-wide customer service program
with emphasis on timely response, a user-friendly atmosphere, and an
attitude of facilitation and accommodation within the bounds of
responsibility, integrity, and financial capability of the city, including
organizational and job description documents while pursuing "best
practices" in customer service.
•
(d) Seeking creative ways to contain or impede the rising cost of
governmental services, including examination of private sector
alternatives in lieu of governmentally provided services.
(e) Providing a data base of future projects and dreams for the new City of •
Spokane Valley so that good ideas from its citizens and leaders are not lost
and the status of projects can be readily determined.
Passed and approved by the City Council of the City of Spokane Valley at a regular meeting
on May 13th, 2003.
Mayor
Attest: Approved as to form:
City Clerk City Attorney
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