Resolution 05-021 Amending Governance Manual •
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 05-021
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
WHEREAS, 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.
NiOW 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 May 13, 2003 "City of Spokane
Valley Governance Coordination Manual."
Section 2. On May 25, 2004, the Council adopted Resolution 04-013, repealing and
replacing previously adopted City of Spokane Valley Governance Coordination Manual of May 13, 2003.
Section 3. The Council hereby repeals the "City of Spokane Valley Governance
Coordination Manual" dated May 25, 2004, and replaces it with the"City of Spokane Valley Governance
Coordination Manual" dated September 13, 2005, 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 13th day of September, 2005
City of Spokane Valley
C ,r1 &IAA
A .1►. Diana Wilhite, Mayor
/3.44*
Christine Bainbridge, City Clerk
I
Approved as to Form:
O ce o 1 he City At'ey
Resolution 05-021 Governance Manual
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ATTACHMENT A
Governance Coordination
Manual
Resolution No. 05-021
A Comprehensive Collection of Meeting Rules,
Coordination Procedures, Administrative Public
Hearing Procedures, and Applicable References from
the Revised Code of Washington
Adopted September 13, 2005
Resolution 03-028 adopted 5-13-2003
Resolution 04-013 adopted 5-25-2004
Governance Manual
TABLE OF CONTENTS
ARTICLE 1 - COUNCIL MEETINGS 4
1.01.1 Council Meetings-Time and Location 4
1.01.2 Council Meetings-Open to the Public 4
1.02 Election of Officers • 4
1.03 Presiding Officer 4
1.04 Quorum 4
1.05 Attendance,Excused Absences 5
1.06 Special Council Meetings 5
1.07 Council Material 5
1.08 Council Packets 5
1.09 Council Meeting Agenda/Consent Agenda 5
1.10 Approaching the Dais 6
1.11 Study Sessions and Workshops 6
1.12 Council Travel Provisions 7
1.13 Telephone Tree 7
1.14 "Three Touch Principle" 7
1.15 City Manager 8
1.16 City Clerk-Minutes- Public Information Access 8
1.17 City Staff-Attendance at Meetings 8
ARTICLE 2 - DUTIES AND PRIVILEGES OF MEMBERS 9
2.01 Respect and Decorum 9
2.01A Forms of Address 9
2.02 Seating Arrangement 9
2.03 Dissents and Protests 9
2.04 Filling Council Vacancies 9
ARTICLE 3 -COUNCIL,PROCEDURES 9
3.01 Rules of Order 9
3.02 Motions 9
3.03 Order of Business 9
3.04 Adjournment Due to Emergency or Disruption 12
3.05 Permission Required to Address the Council 12
3.06 Voting and Tele/video Conferencing 12
3.07 Enacted Ordinances,Resolutions and Motions 13
3.08 Ordinances 14
3.09 Resolutions I4
3.10 Reconsideration 15
3.1 1 Legislative Process, Preparation, Introduction and Flow of Ordinances,Resolutions and
Motions 15
3.12 Complaints and Suggestions to Council 15
3.13 Photographs, Motion Pictures,Video Tape--Permission Required for Artificial
Illumination 16
Governance Manual 2
TABLE OF CONTENTS,Continued
ARTICLE 4-COMMITTEES,BOARDS& COMMISSIONS 16
4.01 Committees 16
4.02 Council Relations with Boards, Commissions and Council Citizen Advisory Bodies 17
ARTICLE 5-RELATIONS WITH CITY MANAGER& ADMINISTRATION 17
5.01 Role of the City Manager 17
5.02 Administrative Interference by Councilmembers 17
5.02.1 Informal Communications Encouraged 17
5.03 Administrative Complaints Made Directly to Individual Councilmembers 17
5.04 Administrative Complaints—"Best Practice" 18
ARTICLE 6-PUBLIC HEARING PROCEDURES 18
6.01 Appearance of Fairness Doctrine 18
6.02 Actions for a Public Hearing 290
ARTICLE 7—USE OF RULES 25
7.01 Purpose 25
7.02 Use 25
7.03 Public Use or Reliance Not Intended 25
Exhibits and attachments:
Exhibit A-1 Telephone Tree Memo 26
Exhibit A-2 Telephone Tree for Council/Manager Chart 27
Exhibit A-3 Parliamentary Procedure at a Glance 28
Exhibit A-4 Legislative Process Flow Chart 29
Exhibit A-5 Committee Structure and Rules 30
Exhibit A-6(1) Task Force/ own Hall Meetings General Model 32
Exhibit A-6(2) Multi-Agency Coordination Task Force Model 33
Exhibit A-7 Citizen's Task Force General Model Chart 34
Exhibit A-8 Revised Code of Washington, 35A.13,Council/Manager Plan 35
Exhibit A-9 General Policy Resolution of Core Beliefs 43
Governance Manual 3
•
ARTICLE I-COUNCIL MEETINGS
1.01.1 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.
1.01.2 Council Meetings - Open to the Public. All meetings of the City Council and of committees
thereof shall be open to the public,except as provided for in RCW 42.30.1 10 or RCW 42.30.140.
1.02 Election of Officers. Procedures for electing officers are as follows:
(a) Biennially, at the first meeting of the new Council, the members thereof shall choose a
presiding officer from their number who shall have the title of Mayor. in addition to the
powers conferred upon him/her as Mayor, he/she shall continue to have all the rights,
privileges and immunities of a member of the Council. If a permanent vacancy occurs in
the office of Mayor, the members of the Council at their next regular meeting shall select
a Mayor from their number for the unexpired term. Following the election of the Mayor,
• there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run
concurrently with that of the Mayor. (RCW 35A.13.030)
(b) , The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for
nomination. Each member of the City Council shall be permitted to nominate one (I)
person, and nomination shall not require a second. A nominee who wishes to decline the
nomination shall so state at that time. Nominations are then closed. The election for
Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the
manner previously described for the election of the Mayor.
(c) Except when there is only one (1) nominee, election shall be by written ballot. Each
ballot shall contain the name of the Councilmember who cast it. The City Clerk shall
publicly announce the results of the election. Thereafter, the City Clerk shall record the
individual votes by councilmembers in the minutes of the meeting.
in the event the Council is unable to agree on a Mayor by majority vote of members present, the Office of
Mayor shall be temporarily filled by an Acting Mayor. Ties shall be resolved in a contest by chance.
The office of Acting Mayor shall be filled by the Councilmember who just previously served as Deputy
Mayor, or if such person is not a member of the Council, the Councilmember with the next highest
seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such
authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, at which
time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate.
1.03 Presiding Officer. The Mayor shall preside at meetings of the Council and be recognized as the
head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or
executive duties. in case of the Mayor's absence or temporary disability, the Deputy Mayor shall
act as Mayor during the continuance of the absence. In case of the absence or temporary inability
of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by members of the
Council shall act as Mayor during the continuance of the absences. The Mayor, Deputy Mayor
(in the Mayor's absence) or Mayor Pro Tem are referred to as "Presiding Officer" from
time-to-time in these Rules of Procedure.
1.04 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
Governance Manual 4
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.I2.120)
1.05 Attendance, Excused Absences. RCW 35A.12.060 provides that a Councilmember shall forfeit
his/her office by failing to attend three consecutive regular meetings of the Council without being
excused by the Council. Members of the Council may be so excused by complying with this
section. The member shall contact the Presiding Officer, City Clerk, or City Manager prior to the
meeting and state the reason for his/her inability to attend the meeting. Following roll call, the
Presiding Officer shall inform the Council of the member's absence, 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.
1.06 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.
(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.
1.07 Council Material. Councilmembers and affected staff should read the agenda material and ask
clarification questions of appropriate staff prior to the Council meeting, when possible.
1.08 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.
1.09 Council Meeting Agenda/Consent Agenda. The City Clerk, under the direction of the City
Manager in consultation with the Presiding Officer, shall arrange a list of proposed matters
according to the order of business and prepare an agenda for the Council. After the proposed
agenda has been reviewed and approved by the Mayor, the Presiding Officer shall have the option
of adjusting the agenda as necessary. A copy of the agenda and supporting materials shall be
prepared for Councilmembers, the City Manager, and the media who have filed a notification
Governance Manual 5
•
request, on or before close of business on a Friday preceding a Tuesday regular Council meeting,
or at the close of business at least 24 hours preceding a special Council meeting. Any revised
agenda thereafter 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 mailboxes 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.
The Presiding Officer, three (3) Councilmembers, a majority of the Councilmembers present, or
the City Manager may introduce a new item to the agenda at a meeting.
(a) The City Manager, in consultation with the Presiding Officer, shall place matters on the
.consent agenda which: (1) have been previously discussed by the Council; or (2) based
on the information delivered to members of the Council by administration can be
reviewed by a Councilmember without further explanation; (3) are so routine, technical
or "housekeeping" in nature that passage without discussion is likely; or (4) otherwise
deemed in the best interest of the City.
(b). The proper Council motion on the consent agenda is as follows: "I move approval of the
consent agenda." This motion shall be non-debatable and will have the effect of moving
to approve all items on the Consent Agenda. Since approval of any item on the consent
agenda implies unanimous consent, any member of the Council shall have the right to
remove any item from the consent agenda. Therefore, prior to the vote on the motion to
approve the consent agenda, the Presiding Officer shall inquire if any Councilmember
wishes an item to be withdrawn from the consent agenda. If any matter is withdrawn,the
Presiding Officer shall place the item at an appropriate place on the agenda for the
current or a future meeting.
1.10 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 handouts.
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.
Governance Manual 6
7
The City Clerk, under the direction of the City Manager, shall arrange a 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 (I) day before the
Council study session or workshop. During the Council study session or workshop, the
discussion leader should:
(a) Introduce the subject and give background information;
(b) Identify the discussion goal;
(c) Act as facilitator to keep the discussion focused toward the goal; and
(d) Alert the Presiding Officer when it is appropriate to call for a consensus, motion or
official direction of the Council.
The role of the Presiding Officer is to facilitate Councilmembers engaged in free flowing
discussion without the necessity of each councilmember being recognized by the presiding
officer. The Presiding Officer retains the option of assuming the function of the discussion leader
at any time in order to maintain decorum and ensure all councilmembers have the opportunity to
be heard, and to keep the discussion properly focused.
1.12 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.
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 touch principle"
whenever possible. The following procedural guidelines are designed to avoid "surprises" to the
City Council,Citizens and Administrative personnel.
Governance Manual 7
.
•
• 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 wherein observance of the"Three Touch Principle"
is impractical. However, when unusual circumstances arise which justify a "first
discussion" decision, the persons requesting the expedited decision should also explain
the timing circumstances. This Principle excludes staff reports and other general
communications not requiring a Council decision.
1.15 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.
When practical, and with the exception of Executive Sessions, the City Clerk shall tape record the
proceedings of all City Council meetings, and shall keep and make available an index of the
topics of each meeting which will facilitate location of the item in the appropriate 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.)
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 Article I-Council Meetings
Governance Manual &
ARTICLE 2 -DUTIES AND PRIVILEGES OF MEMBERS
2.01 Respect and Decorum. It is the duty of the Mayor and Councilmembers to maintain dignity and
respect for their offices, City staff and the public. While the Council is in session, the
Councilmembers shall preserve order and decorum and a member shall neither, by conversation
or otherwise delay or interrupt the proceedings of the Council, nor disrupt or disparage any
member while speaking. Councilmembers and the public shall 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 its proceedings, shall be
asked to leave, or be removed from the meeting. Continued disruptions may result in a recess or
adjournment as set forth in section 3.04 of this resolution.
2.01A Forms of Address. The Mayor shall be addressed as "Mayor (surname)" or "Your
Honor." The Deputy Mayor shall be addressed as "Deputy Mayor(surname)." Members
of the Council shall be addressed as "Councilmember (surname)" unless waived by the
Presiding Officer.
2.02 Seating Arrangement. Councilmembers shall occupy the respective seats in the Council
Chamber assigned to them by the Mayor.
2.03 Dissents and Protests. Any Councilmember shall have the right to express dissent from or
protest, orally or in writing, against any motion, ordinance or resolution of the Council and have
the reason therefore entered or retained in the minutes.
2.04 Filling Council Vacancies. If a vacancy occurs on the City Council, the Council will follow the
procedures outlined in RCW 35A.13.020. In order to fill the vacancy with the most qualified
person available until an election is held, the Council will publish a notice of the vacancy, 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.
End of Article 2-Duties and Privileges of Members
ARTICLE 3- COUNCIL MEETING PROCEDURES
3.01 Rules of Order. Rules of order not specified by statute, ordinance or resolution shall be
governed by the chart of the most common "Rules of Order"questions. Attached as Exhibit A-3.
(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.
Governance Manual 9
3.02 Motions and Discussion.
(a) All items of business placed before the Council that require the expenditure of Council
and/or administration resources shall be in the form of an affirmative motion.
Affirmative motions are preferred to prevent "approval by default" of a failed negative
motion.
(b) Agenda items scheduled as New or Old Business shall require a motion by a
Councilmember before discussion unless the Council shall suspend the requirement by
majority vote. Upon failure of either a prior motion or rule suspension, the agenda item
shall be passed over and may not be reintroduced until the next regular meeting.
(c) When possible, Councilmembers should direct questions primarily to the City Manager.
3.03 Order of Business. The business of all regular meetings of the Council shall be transacted as
follows: provided, however, that the Presiding Officer may, during a Council meeting, rearrange
items on the agenda to conduct the business before the Council more expeditiously.
(a) Call to order by the Presiding Officer.
(b) Invocation
(c) Pledge of Allegiance.
(d) Roll Call (see Section 1.05 for procedure to excuse an absence).
(e) Approval of Agenda(including Consent Agenda)
(1) Introduction of Special Guests and Presentations.
(g) Committee, board and liaison summary reports. Extended reports shall be placed after
New Business or submitted in writing.
(h) Presiding Officer's report.
(i) Comments from the public on subjects not on the agenda for action - limit 3 minutes
each, unless modified by the Presiding Officer.
Note: the City Council desires to allow a maximum opportunity for public
comment. However, the business of the City must proceed in an orderly, timely
manner. At any time, the Presiding Officer, in the Presiding Officer's sole
discretion, may set such reasonable limits as arc 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
Governance Manual 10
agenda, or refer the matter to administration or a Council committee for
investigation and report.
•
2. Subjects on the current agenda. Any member of the public who wishes to
address the Council on an action item on the current agenda shall make such
request to the Presiding Officer at the time when comments from the public are
requested during the agenda item discussion. The Council may hear such
comments before or after initial Council discussion. As an option, the
Presiding Officer may invoke a sign in procedure. The Mayor, in consultation
with the City Attorney, shall rule on the appropriateness of public comments as
the agenda item is reached and shall rule on a specific individual or group time
limit for public comment. The Presiding Officer may change the order of
speakers so that comment is heard in the most logical groupings.
3. Comments shall be made from the microphone, first giving name, address and
subject. No comments shall be made from any other location, and anyone
making"out of order"comments shall be subject to removal from the meeting.
4. There will be no demonstrations during or at the conclusion of anyone's
presentation. Any disruptive behavior, as determined by the Presiding Officer,
shall be cause for removal from the meeting room.
5. These rules are intended to promote an orderly system of holding a public
meeting, to give persons opportunity to be heard and to create an environment in
which no individuals are embarrassed by exercising their right of free speech.
6. Any ruling by the Presiding Officer relative to the subsections 1 and 2 above may
be overruled by a vote of a majority of members present.
•
7. 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 has been
required.
(i) Public Hearings(see Article 6 for procedural details).
(k) Consent Agenda (see Section 1.09 (a) for procedural details).
(I) Old Business.
(m) New Business.
(n) Public Comments. [same as"i"above] (3-minute time limit each)
(o) Administrative Reports. Reports or tracking of an administrative nature.
•
(p) Information.
(q) 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
Governance Manual l I
V %
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.
(r) Adjournment. No Council meeting should be permitted to continue beyond
approximately 9:00 p.m., without approval of a majority of the Councilmembers who are
present and eligible to vote. A new time limit must be established before taking a
Council vote to extend the meeting. In the event that a meeting has not been closed or
continued by Council as herein specified, the items not acted on shall be deferred to the
next regular Council meeting as old business, unless the Council, by a majority vote of
members present,determines otherwise.
3.04 Adjournment Due to Emergency or Disruption. In the event of emergency, such as a fire,
threatened violence, or inability to regain good order, the Mayor shall forthwith declare the
meeting adjourned or continued and the City Council shall immediately leave the meeting room.
3.05 Permission Required to Address the Council. Persons other than Councilmembers and •
administration shall be permitted to address the Council upon recognition and/or introduction by
the Presiding Officer or the chair of the appropriate Council committee.
3.06 Voting and Tele/video Conferencing. The votes during all meetings of the Council shall be
transacted as follows:
(a) Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by
voice, except that at the request of any Councilmember, a roll call vote shall be taken by
the City Clerk. The order of the roll call vote shall be determined by the City Clerk.
(b) In case of a tie vote on any proposal,the motion shall be considered lost.
(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
Governance Manual 12
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.
(f) The passage of any motion or resolution not subject to the provisions of Washington law,
the Spokane Valley Municipal Code, or this Resolution as amended requiring a "super
majority" for approval, shall require the affirmative vote of at least a majority of the
membership of the Council who are present and eligible to vote.
(g) 1. Tele/video conference participation by Councilmembers may be allowed
provided technical availability and compatibility of electronic equipment shall
enable the Councilmember to hear the proceedings, be heard by those present and
participate in Council discussion.
(a) Requests to use tele/video conference participation 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 Councilmember's
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.
3.07 Enacted Ordinances,Resolutions and Motions.
(a) An enacted ordinance is a legislative act prescribing general rules of organization or
conduct relating to the corporate affairs of the municipality. Council action shall be
taken by ordinance when required by law, or where prescribed conduct may be enforced
by penalty.
Governance Manual 13
(b) An enacted resolution is an administrative act which is a formal statement of policy
concerning matters of special or temporary character. Council action shall be taken by
resolution when required by law and in those instances where an expression of policy
more formal than a motion is desired.
(c) An enacted motion is a form of action taken by the Council to direct that a specific
action be taken on behalf of the municipality. A motion, once approved and entered into
the record, is the equivalent of a resolution in those instances where a resolution is not
required by law, and where such motion is not in conflict with existing State or Federal
statutes,City Ordinances or Resolutions.
3.08 Ordinances. The procedures for ordinances are as follows:
(a) A Councilmember may, in open session, request of the Presiding Officer that the Council
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.
(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.
3.09 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
3.08 (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
Councilmember may request that the entire resolution or certain of its sections be read, and such
request shall be granted. Printed copies shall be made available upon request to any person
attending a Council meeting.
Governance Manual 14
•
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 date and 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.
(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,
Governance Manual 15
if said complaint has not been so reviewed. The City Council may direct that the City
Manager brief the Council when the City Manager's response is made.
3.13 Photographs, motion pictures or video tape requiring artificial illumination — Prior
Permission Required. No overhead projection, photographs, motion pictures, or video tapes
that require the use of floodlights, or similar artificial illumination shall be used by the public at
City Council meetings without the prior consent of the Presiding Officer or the City Manager.
•
End of Article 3- Council Procedures
ARTICLE 4-COMMITTEES, BOARDS & COMMISSIONS
4.01 Committees.
(a) All standing Committees, Boards, and Commissions which are required by state law shall
be appointed by the Mayor with confirmation by the Council.
(b) All other Council Committees, Citizen's Taskforce groups and rules or operating
procedures thereof shall be established by Council Directive with special attention to
RCW 35A.13.120, and after consultation with the City Manager. Such committees shall
be commissioned for a time certain, not to exceed two (2) years or the term of the
appointing Mayor, whichever is less and provided with a clear task description and
"sunset" provision. Appointment shall be by the Mayor. Council may waive
confirmation in the instrument creating said committee or group. Such Committees shall
be subject to review, whenever a new Council is seated following elections, so as to
determine whether the committee and its functions continue to be appropriate and
necessary. Members of any Committee, Board or Commission which have been
appointed or confirmed by the Council, may be removed without cause by a majority
vote of the Council. A copy of the motion(s), or as hereafter amended, establishing
committees, liaisons and citizen's task force groups shall be attached hereto, as Exhibit
A-5. (See the attached related charts Exhibits A-6(1)(2) & A-7.)
(c) Other special ad hoc committees and Council liaisons for a particular purpose may be
appointed by the Mayor, without confirmation of Council for a time certain, not to exceed
the term of the appointing Mayor, along with a clear task description and "sunset"
provision.
(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 recommendation(s) during discussion of that
business item on a Council agenda.
(c) No Advisory Board or Commission shall take any final action outside of an open public
meeting.
Governance Manual 16
ii
4.02 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 -
•
ARTICLE 5-RELATIONS WITH CITY MANAGER& ADMINISTRATION
5.01 Role of the City Manager. The City Manager is the chief administrative officer of the City of
Spokane Valley. The 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, RCM
35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with City
Manager's accountability to the City Council for policy implementation is the need for the
Council to allow the City Manager to perform legally defined duties and responsibilities without
interference by the City Council in the day-to-day management decisions of the City Manager.
5.02 Administrative Interference by Councilmembers. Neither the Council nor any of its
committees or members shall direct or request the appointment of any person to, or his/her
removal from, any office by the City Manager or any of his/her subordinates. Except for the
purpose of inquiry, the Council and its members shall deal with the administrative branch solely
through the City Manager and neither the Council nor any committee or member thereof shall
give any orders to any subordinate of the City Manager, either publicly or privately; provided,
however, that nothing herein shall be construed to prohibit the Council, while in open session,
from fully and freely discussing with the City Manager anything pertaining to appointments and
removals of City officers and employees and City affairs. (RCW35A.13.120.)
5.02.1 Informal Communications Encouraged. The above requirement of RCM is not to be
construed as to prevent informal communications with City staff that do not involve
orders, direction, or are meant to influence actions or administrative policy. Members of
the Council are encouraged to interact informally and casually with City staff for the
purpose of gathering information, obtaining explanations of policies and programs or
providing incidental information to staff relevant to their assignment. Such informal
contacts can serve to promote better understanding of specific City functions and
problems. However, Councilmembers must be careful in such interaction to avoid giving
direction or advice to members of City staff. While maintaining open lines of
communication, City staff responding to information requests from Councilmembers will
inform their supervisor of such contact and provide the supervisor with the sane
information shared with the Councilmember.
5.03 Administrative Complaints Made Directly to Individual Councilmembers. When
administrative policy or administrative performance complaints are made directly to individual
Governance Manual 17
I '
Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for
review and/or action. The individual Councilmember may request to be informed of the action or
response made to the complaint. However, the City Manager shall not be required to divulge
information he/she deems confidential, in conformity with applicable statutes, ordinances,
regulations, policies or practices.
5.04 Administrative Complaints — "Best Practice." Although citizens' direct access to elected
officials is to be encouraged to help develop public policy, City Councilmembers should not
develop a "personal intervention" pattern in minor calls for service or administrative appeals
which may actually delay a timely customer service response. The best policy is to get the citizen
into direct contact with customer service unless an unsatisfactory result has occurred. in that case
refer to Section 5.03 above.
End of Article 5—Relations with City Manager&Administration
ARTICLE 6-PUBLIC BEARING PROCEDURES
6.01 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 County, 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.
(c) Obligations of Councilmembers-Procedure.
1. Immediate self-disclosure of interests that may appear to constitute a conflict of
interest is hereby encouraged. Councilmembers should recognize that the
• Appearance of Fairness Doctrine does not require establishment of a conflict of
interest, but whether there is an appearance of conflict of interest to the average
person. This may involve the Councilmember or a Councilmember's business
associate, or a member of the Councilmember's immediate family. It could
•
Governance Manual 18
•
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 cbuncilmember 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.
2. Anyone seeking to disqualify a Councilmember from participating in a decision
on the basis of a violation of the Appearance of Fairness Doctrine must raise the
challenge as soon as the basis for disqualification is made known, or reasonably
should have been made known, prior to the issuance of the decision. Upon
failure to do so, the Doctrine may not be relied upon to invalidate the decision.
The party seeking to disqualify the Councilmember shall state with specificity
the basis for disqualification; for example: demonstrated bias or prejudice for or
against a party to the proceedings, a monetary interest in outcome of the
proceedings, prejudgment of the issue prior to hearing the facts on the record, or
ex parte contact. Should such challenge be made prior to the hearing, the City
Manager shall direct the City Attorney to interview the Councilmember and
render an opinion as to the likelihood that an Appearance of Fairness violation
would be sustained in Superior Court. Should such challenge be made in the
course of a quasi-judicial hearing, the Councilmember shall either recuse
him/herself or the Presiding Officer shall call a recess to permit the City Attorney
to make such interview and render such opinion.
3. The Presiding Officer shall have authority to request a Councilmember to excuse
him/herself on the basis of an Appearance of Fairness violation. Further, if two
(2) or more Councilmembers believe that an Appearance of Fairness violation
exists, such individuals may move to request a Councilmember to excuse
him/herself on the basis of an Appearance of Fairness violation. In arriving at
this decision, the Presiding Officer or other Councilmembers shall give due
regard to the opinion of the City Attorney.
(d) Specific Statutory Provisions.
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
Governance Manual 19
pante 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 co nsidered 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 Washington 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 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.
6.02 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.
Governance Manual 20
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.
(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 Tem) will ask if any Councilmember knows of any reason which would require such
member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The
form of the announcement is as follows:
All Councilmembers should now give consideration as to whether they have:
1. A demonstrated bias or prejudice for or against any party to the proceedings;
2. A direct or indirect monetary interest in the outcome of the proceedings;
3. A prejudgment of the issue prior to hearing the facts on the record; or
4. Had ex parte contact with any individual, excluding administrative staff, with
regard to an issue prior to the hearing. if any Councilmember should answer in
the affirmative, then the Councilmembers should state the reason for his/her
answer at this time, so that the Chair may inquire of administration as to whether
a violation of the Appearance of Fairness Doctrine exists.
(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:
Governance Manual • 21
•
The following are general concepts regarding Comprehensive Plan and zoning
amendments under the law of the State of Washington:
The current zoning is presumed valid.
2. The burden of proof is on the applicant for the site-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 concurrency 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;
(h) The proposed amendment will not create a pressure to change the land
use designation of other properties, unless the change of land use
Governance Manual 22
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.
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 he 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."
(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."
Governance Manual 23
•
(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 3.03 (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.
(I) 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."
(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
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 arc any final comments or recommendations from
administration.
•
Governance Manual 74
(s) The Presiding Officer inquires of the Councilmembers 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
7.01 Purpose. These City Council Rules of Procedure are designed to provide guidance for the City
Council. They are not to he 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.
•
7.02 Use. No action taken by a Councilmember or by the Council which is not in compliance with
these rules, but which is otherwise lawful, shall invalidate such Councilmember's or Council
action or be deemed a violation of oath of office, misfeasance or malfeasance. No authority other
than the City Council may enforce these rules or rely on these rules. Failure of the City Council
to follow any of these riles shall be considered a Council decision to waive such rile. No notice
of such waiver need be given.
7.03 Public Use or Reliance Not Intended. Because these rules are designed to assist the City
Council and not to provide substantive rules affecting constituents, it is expressly stated that these
rules do not constitute land use regulations, official controls, "appearance of fairness rules,"
public hearing rules or other substantive rules binding upon or to be used by or relied upon by
members of the public. These rules do not amend statutory or other regulatory (such as
ordinance)requirements.
End of Article 7—Use of Rule
•
Governance Manual 25
•
EXHIBIT A-l.
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.
Governance Coordination Manual 26
EXHIBIT A-2
Motion To Approve the Telephone Tree for Council /Manager Chart Herein Contained and
Incorporated as Exhibit A-2 of the City of Spokane Valley Council Rules of Procedure.°
COUNCIL MEMBER
NAME
-- -- PHONE(WORK) -
Telephone Troo for lot COUNCIL MEMBER PHONE(1•/QM13)
Council / Manager Government
NAM13
CELLULAR
Fir,t call by Mayor PHONE(WORK)
or City Managor PHONE(HOME)
COUNCIL MEMBER
MAYOR OR CITY MANIAC/411R CELLULAN _ NAAl13
NAME' PHONE(WORK)
PHONE(WORK) PHONE(1•IO?.tl])
I'PIONE(HOME) CELLULAR
CELLULAR
NAME COUNCIL MEMBER
PHONE(WORK) NAME
PHONE(HOME)
—.-PHONE(WORK)
PI•IQNI](HOME)
C g1.LU LAR 2nd COUNCIL MEMBER
- - CELLULAR
NAME
_►PHONE(WORK) ---
COUNCIL MEMBER
PI•/QNQ(HOME)
NAM)]
CELLULAR
--�PHONE(WORK)
PHONE(I'IOMI])
CELLULAR
Governance Coordination Manual 27
J
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."
PARLIAMENTARY PROCEDURE AT A GLANCE
May you Must be Is motion Vote
To do this: You say this: interrupt secondc debatable required
speaker? d? ?
Introduce business "I move that..." NO YES YES MAJORITY
Amend a motion "I move to amend this motion" NO YES YES MAJORITY
Request information "Point of information" YES NO NO NO VOTE
Suspend further discussion "I move we table it" NO YES NO MAJORITY
End debate "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 "I move we refer..."
a committee NO YES YES MAJORITY
Ask for a vote count to verify a "I call for a division of the
voice vote house" NO NO NO NO VOTE
Object to considering some matter "I object to consideration of
this" YES NO NO MAJORITY
Take up a matter previously tabled "I move to take from the table
..." NO YES NO MAJORITY
Reconsider something already "I move we reconsider action
disposed of on ..." YES YES YES MAJORITY
Consider something in unscheduled "1 move we suspend the rules
order and ..." NO YES NO MAJORITY
Vote on a ruling by the chair "I appeal the chair's decision" YES YES YES MAJORITY
Object to procedure or personal "Point of order"
affront—chair decides YES NO NO NO VOTE
Complain about noise,room "Point of privilege"
temperature,etc. YES NO NO NO VOTE
Recess the meeting "I move that we recess until..." NO YES NO MAJORITY
Adjourn the meeting "I move that we adjourn" NO YES NO MAJORITY
Governance Coordination Manual 28
•
EXHIBIT A-4
Motion To Approve the Legislative Process Flow Chart Incorporated as Exhibit A4 of the City of Spokane Valley Council Rules of Procedure
Booklet." Approved May 13, 2003
LEGISLATIVE PROCESS FLOW CHART
Citizens•
City Council (proposed draft)
City Manager
(proposed draft)
I Council Study Session
(Council draft or summary)
Administration study IF REJECTED Initiative filed
draft (only for matters subject to
(proposed draft) initiative in accordance with
Washington law)
City Council 1st reading
Public meeting
(Council draft) election held
,
City Council 2nd reading
ordinances
(Council ordinance) If approved by voters,
ordinance prepared
1
ADOPTED POLICY / LAW OF THE CITY 4
Governance Coordination Manual 29
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 term of office of the
appointing Mayor and confirmed by Council:
Finance--3 members
Planning Commission --7 members
Lodging Tax Advisory Committee—5 members.
Committee Procedures: The Finance Committee shall have no regular prescribed duties
or meetings except the bills/payroll and warrant procedures required by state law, unless
specifically charged by the City Council.
Committee meetings (when held) should be open to the public, including the media,
unless discussing matters which would qualify for an executive session if discussed
within the whole Council. All Council Committee meetings shall be for the purpose of
considering legislative policy matters, rather than administrative matters unless requested
by the City Manager. Legislative policy considerations should be brought to the
Council-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.
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.
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 be appointed by the
Mayor as a liaison leader to organize a steering group to strategize a particular
community subject or issue. The steering group shall consist of two Councilmembers
and one representative of City Administration. The Councilmembers shall be appointed
by the Mayor and the technical support shall be appointed by the City Manager. Such
appointments shall identify the task(s) and a method of determining how the group
shall "sunset" when the task is completed. The steering group shall serve as.a
Governance Coordination Manual 30
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.
8. Multi-Agency Coordinating Task Force Steering Procedures. When a major
public/private effort involves key agencies outside of City Government but vital to
community coordination, the Council may create by legislative directive, an appropriately
named (Multi-Agency) Coordinating Task Force Steering Group. Membership shall
consist of one (1) councilmember, the City Manager, one (1) representative from each
City Board or Commission key to the issue or project and one (1) member from each
private, non-profit agency with key interest or resources vital to the issue or project.
Each agency shall appoint one (1) member to serve on the Steering Group and one (1)
member to serve as alternate. Except for the first organizational start-up meeting,
alternates shall not attend Steering Group meetings. Steering Group members shall
function in a manner similar to the task force procedures described in Sections 4, 5, and
6 above. The procedures are further illustrated in Exhibit A6(2) attached.
9. General Town Hall/Neighborhood Meetings. The public should be encouraged to
attend regular and special City Council meetings to participate in their government. The
City Council Rules of Procedure are designed to facilitate an open atmosphere for citizen
participation. However, any two (2), but not more than three (3), members of the City
Council may desire to convene a citizens' town hall/neighborhood meeting or series of
meetings for the purpose of providing a general forum on city operations. Such town hall
meetings shall, when convened, provide information pertaining to any known issues as
well as opportunity for citizens to express their views on any subject. The
Councilmembers may request that the City Manager or his/her designee attend these
meetings to answer questions on administrative matters. Although not official council
meetings, members of the City Council shall report issues to the City Council.
Councilmembers should avoid discussion or receiving testimony which pertains or may
pertain to potential lawsuits, land use issues, or other quasi-judicial proceedings which
might later come before the Council.
Governance Coordination Manual 31
EXHIBIT A-6(1)
•
TASK FORCE/TOWN HALL MEETINGS GENERAL MODEL
City Council Final Public Input
Meetings Forum
Formal agenda
Liaison Role discussion,public
Councilmetnber information&two Public Process comment,public
•way communication hearings,etc.
Task Force Citizen Input Path •
Report to Council by
Steering , steering group
' 2 Council(appointed by
Mayor) .
Public Process Role
City Manager • Open Subject Town Hall Meetings
Task Force Public
(Technical Support) Forums*
information coordinated Citizen Issue
Appointed by CM *Public Forums Consensus
by steering group— 1—Forums
reports to Council b' *Town Mall Meetings
p } Presentation,
Representation/Coordination liaison or directly to *Hearings,etc. rouP
Roles by Councilmember, public task force forums discussions,
Staff develop
issues,
develop
*Can be an appointed core group with consensus
general public forum or closed group,
depending on issues
MOTION"To Approve the Task Force/Town
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
Governance Coordination Manual 32
MULTI-AGENCY COORDINATING TASK FORCE MODEL
City Council Final Public Input
Liaison Role Meetings Forum
Formal agenda
Councilrember/City Manager&two
way communication discussion,public
-Non City Liaison Role y Public Process comment,public
Agency/Group • Two-Way hearings,etc.
-Non City •
Agency/Group
• •
Task Force City Board or Task Force Input
Path
Steering Group ♦ Commission Report to Council by
steering group
•
1-Councilmember
1-City Manager Comp.Plan
1-City Board or Review
Commission • Town Hall Meetings
I-Non City Agency/Group Task Force Public
1-Non City Agency/Group
(Each agency appoints its Forums*
own rep) Information coordinated Citizen Issue
• by steering group— *Open blouse Forums 4 Consensus
reports to Agency Forums
re enC by *Town Hall Meetings
p g y y *Club Programs Info Presentation,
Representation/Coordination liaison or directly to group
Roles by Steering Group public task force forums discussions,
•Members identify issues,
develop
*Can be an appointed core group with consensus
general public forum or closed group,
depending on issues
MOTION "To Approve the Multi-Agency
•
r • V Coordinating Task Force General Model
Plan Community *Gather Information Chart Herein Contained and Incorporated as
Information and *Technical Groups& Local Interest Groups Exhibit A6(2)of the City of Spokane Valley
Involvement Strategies Organizations &Organizations Governance Coordination Rules of
Service Clubs,etc. Procedure."
EXHIBIT A-7
Governance Coordination Manual 33
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 City Council
Liaison Role Final Public Input Forum
GENERAL MODEL counclmeon two citizen. Meetings Formal agenda discussion,publio--
fn:ortnaAou�8 rva way g
communication comment,public hearings,etc.
Public Process
Task Force Steering
1 Council -(appointed
by Mayor)
Citizen Input Path _
1 Citizen - Report to Council by steering group
Citizen Input (appointed by Mayor,
Qualified —* approved by Council)
non-city
official appointee
Public Process--
Community Consensus Role Public Forums
1 Staff- Citizen Issue Consensus Forums
(appointed by City * Task Force Presentation,group discussions, —
Manager) * Town Hall Meetings identify issues,develop consensus
Information coordinated by * Others
(Technical Support) steering group-reports to
14–Council by liaison or directly
to public task force forums
_Representation/Coordination Roles–I.
by Councilmember,Citizen or Staff
Technical Groups Local Interest
Regional Groups g Organizations Groups
• &Organizations
Governance Coordination Manual 34 •
Siiokane
Valley
Exhibit A-8
g-
ill E,4SEDTCOD.E1of ASH N.6iTiO.N , yy�� �� y�
I WAli'2GINIO ialI"0.NA RMCINICIRAL e.ODE '• WW A^ "� s r Y 4,"11:44* ;
Chapter eATI1►3TEMare-_OUNC:I MANAGER PLAN OF GOMERNMENT; -:',..-.'s,. . '�^ ` !„'
CHAPTER 35A.13 RCW 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.13.040 Compensation of councilmen--Expenses.
35A.13.050 City manager--Qualifications.
35A.13.060 City manager may serve two or more cities.
35A.13.070 City manager--Bond and oath.
35A.13.080 City manager--Powers and duties.
35A.13.090 Creation of departments, offices, and employment–Compensation.
35A.13.100 City manager—Department heads–Authority.
35A.13.110 City manager--Appointment of subordinates--Qualifications--Terms.
35A.13.120 City manager—lnterference 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.
Governance Coordination Manual 35
%Mame
jey
35A,13.160 Oath and bond of officers.
35A.13.170 Council meetings—Quorum–Rules--Voting.
35A.13.180 Adoption of Codes by Reference
35A.13.190 Ordinances–Style–Requisites--Veto.
35A.13.200 Authentication, recording and publication of ordinances.
35A.13.210 Audit and allowance of demands against city.
35A.13.220 Optional division of city into wards.
•
35A.13.230 Powers of council.
RCW 35A.13.010 City officers--Size of
council.
The councilmembers shall be the only elective officers of a code city electing to adopt the council-manager plan of government
authorized by this chapter,except where statutes provide for an elective municipal judge.The council shall appoint an officer
whose title shall be"city manager"who shall be the chief executive officer and head of the administrative branch of the city
government.The city manager shall be responsible to the council for the proper administration of all affairs of the code city.
The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members;when
there are twenty-five hundred or more inhabitants the council shall consist of seven members: PROVIDED,That if the population .
of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred,it shall
continue to have a seven member council. If,after a city has become a council-manager code city its population increases to
twenty-five hundred or more inhabitants,the number of councilmanic offices in such city may increase from five to seven members
upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city.When the
population of a council-manager code city having five councilmanic offices increases to five thousand or more inhabitants,the
number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of
councilmanic offices,the city council shall, by majority vote,pursuant to RCW 35A.13.020,appoint two persons to serve in these
offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person
shall be elected for a four-year term.The number of inhabitants shall be determined by the most recent official state or federal
census or determination by the state office of financial management.A charter adopted under the provisions of this title,
incorporating the council-manager plan of government set forth in this chapter may provide for an uneven number of council-
members 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 councilmanic offices may establish a five-member council in accordance with the following procedure.At
least six months prior to a municipal general election,the city council shall adopt an ordinance providing for reduction in the number
of councilmanic offices to five.The ordinance shall specify which two councilmanic offices,the terms of which expire at the next
general election,are to be terminated.The ordinance shall provide for the renumbering of council positions and shall also provide
for a two-year extension of the term of office of a retained councilmanic office, if necessary.in order to comply with RCW 35A.12.040.
However, a noncharter code city that has retained its old council-manager plan of government, as provided
in RCW 35A.02.130, is subject to the laws applicable to that old plan of government.
[1994 c 223§ 35; 1994 c 81 §72; 1987 c 3§ 16; 1985 c 106§2; 1983 c 128§2; 1979 ex.s. c 18§24;
1979 c 151 § 34; 1967 ex.s. c 119 § 35A.13.0101
Notes
Governance Coordination Manual 36
Sfokane
.000Valley
Severability--1987 c 3: See note following RCW 3.46.020.
Severability--1979 ex.s. c 18: See note following RCW 35A,01.070.
Population determinations, office of financial management: Chapter 43.62 RCW.
RCW 35A.13.020 Election of councilmen--Eligibility--Terms--Vacancies--
Forfeiture of office—Council chairman.
In council-manager code cities, eligibility for election to the council, the manner of electing
councilmen, the numbering of council positions, the terms of councilmen, the occurrence and the filling of
vacancies, the grounds for forfeiture of office, and appointment of a mayor pro tempore or deputy mayor
or councilman pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030,
35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a code city organized
under the mayor-council plan, except that in council-manager cities where all council positions are at-
large positions, the city council may, pursuant to RCW 35A.13.033, provide that the person elected to
council position one shall be the council chairman and shall carry out the duties prescribed by RCW
35k13.030.
[1994 c 223§ 36; 1975 1st ex.s. c 155 § 1; 1967 ex.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 1st ex.s. c155 §2; 1967 ex.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.j
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 serve as mayor pro tempore in the absence
or temporary disability of the mayor. In the event of the extended excused absence or disability of a
councilman, the remaining members by majority vote may appoint a councilman pro tempore to serve
during the absence or disability.
[1969 ex.s. c 81 § 1.)
Notes:
Effective date--1969 ex.s. c 81: "This 1969 amendatory act shall take effect July 1, 1969." [1969 ex.s. c
81 § 7.]
Governance Coordination Manual 37
Sp
ey
RCW 35A.13.040 Compensation of councilmen—Expenses.
The salaries of the councilmen, including the mayor, shall be fixed by ordinance and may be revised from time to
time by ordinance, but any increase or reduction in the compensation attaching to an office shall not become effective
until the expiration of the term then being served by the incumbent: PROVIDED, That compensation of councilmen
may not be increased or diminished after their election nor may the compensation of the mayor be increased or
diminished after the mayor has been chosen by the council.
Until councilmen of a newly-organized council-manager code city may lawfully be paid as provided by salary
ordinance, such councilmen shall be entitled to compensation in the same manner and in the same amount as
councilmen of such city prior to the adoption of this council-manager plan.
Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code
city, the first councilmen shall be entitled to compensation as follows: In cities having less than five thousand
inhabitants--twenty dollars per meeting for not more than two meetings per month; in cities having more than five
thousand but less than fifteen thousand inhabitants—a salary of one hundred and fifty dollars per calendar month; in
cities having more than fifteen thousand inhabitants—a salary of four hundred dollars per calendar month. A
councilman who is occupying the position of mayor, in addition to his salary as a councilman, shall be entitled, while
serving as mayor, to an additional amount per calendar month, or portion thereof, equal to twenty-five percent of the
councilmanic salary: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance
is passed and becomes effective as to such officers, and the compensation provided herein shall not be construed as
fixing the usual compensation of such officers. Councilmen shall receive reimbursement for their actual and necessary
expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per
diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance.
[1979 ex.s. c 18 §25; 1967 ex.s. c 119 § 35A.13.040.]
Notes
Severability--1979 ex.s. c 18: See note following RCW 35A.01.070.
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.
[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.
Governance Coordination Manual 3$
Spokane
[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;
(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.13.080.1
Notes:
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.]
RCW 35A.13.100 City manager—Department heads--Authority.
The city manager may authorize the head of a department or office responsible to him to appoint and
remove subordinates in such department or office. Any officer or employee who may be appointed by the
city manager, or by the head of a department or office, except one who holds his position subject to civil
service, may be removed by the manager or other such appointing officer at any time subject to any
Governance Coordination Manual 39
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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.
[1967 ex.s.c
119§
35A.13.110.]
RCW 35A.13.120
City manager—
Interference by
councilmember.
Neither the council, nor any of its committees or members, shall direct the appointment of any person
to,or his removal from, office by the city manager or any of his subordinates. Except for the purpose of
inquiry, the council and its members shall deal with the administrative service solely through the manager
and neither the council nor any committee or member thereof shall give orders to any subordinate of the city
manager, either publicly or privately. The provisions of this section do not prohibit the council, while in open
session, from fully and freely discussing with the city manager anything pertaining to appointments and
removals of city officers and employees and city affairs.
[1967 ex.s. c 119§ 35A.13.120.]
RCW 35A.13.130 City manager--Removal--Resolution and notice.
The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the
council. At least thirty days before the effective date of his removal, the city manager must be furnished with
a formal statement in the form of a resolution passed by a majority vote of the city council stating the
council's intention to remove him and the reasons therefor. Upon passage of the resolution stating the
council's intention to remove the manager, the council by a similar vote may suspend him from duty, but his
pay shall continue until his removal becomes effective.
[1967 ex.s. c 119§ 35A.13.130.I
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
Governance Coordination Manual 40
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resolution removing the manager shall not be adopted until a public hearing has been had, The action of the
council in removing the manager shall be final.
[1967 ex.s. c 119§ 35A.13.140.]
RCW
35A.13.150 City
manager—
Substitute.
The council may designate a qualified administrative officer of the city or town to perform the duties of
manager:
(1) Upon the adoption of the council-manager plan, pending the selection and appointment of a
manager; or
(2) Upon the termination of the services of a manager, pending the selection and appointment of a new
manager; or
(3) During the absence, disability, or suspension of the manager.
[1967 ex.s. c 119 § 35A.13.150.]
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.j
RCW 35A.13.170 Council meetings--Quorum--Rules--Voting.
All provisions of RCW 35A,12.110, as now or hereafter amended, and 35A.12.120, relating to council
meetings, a quorum for transaction of business, rules and voting at council meetings, shall be applicable to
code cities organized under this council-manager plan.
[1979 ex.s. c 18 §26; 1967 ex.s. c 119§ 35A.13.170.]
Notes
Severability--1979 ex.s. c 18: See note following RCW 35A.01.070.
RCW 35A.13.180 Adoption of codes by reference.
Ordinances of cities organized under this chapter may adopt codes by reference as provided in RCW
35A.12.140.
[1967 ex.s. c 119§ 35A.13.180.]
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.
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,
Governance Coordination Manual 41
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SSokanee
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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.
[1967 ex.s. c 119 § 35A.13.200.]
RCW 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 35A.13.230 Powers of council.
The council of any code city organized under the council-manager plan provided in this chapter shall
have the powers and authority granted to legislative bodies of cities governed by this title as more particularly
described in chapter 35A.11 RCW, except insofar as such power and authority is vested in the city manager.
[1967 ex.s. c 119§ 35A.13.230.]
Governance Coordination Manual 42
•
.000 Valley
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 are encouraged to take the lead, where practical, in sponsoring
Ordinances or Resolutions excepting quasi-judicial or other public hearings and the
statutory duties of the City Manager as set forth in RCW 35A.13.020.
Section 4. We believe in hearing the public view. We affirm that members of the public should be
encouraged to speak and be heard through reasonable rules of procedure when the
public business is being considered, thus giving elected officials the broadest
perspectives from which to make decisions.
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:
Governance Coordination Manual 43
%a
.00.0 Valley
(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
Governance Coordination Manual 44