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Resolution 06-022 Amending Governance Manual CITY OF'SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 06-022 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING THE COMPREHENSIVE COLLECTION OF MEETING RULES, COORDINATION PROCEDURES, AND ADMINISTRATIVE PUBLIC REARING PRO CE0 UR.ES, OTHERWISE KNOWN AS 717f[E "GOVERNANCE COORDINATION MANUAL." WHEREAS,the City Council acknowledges that all Council meetings must be.open to the public; and WHEREAS, such meetings should be responsive to the public and carried out efficiently and uniformly to promote public participation; and WHEREAS, written rules of procedure best assure an atmosphere conducive to said efficiency and uniformity and help assure that no member of the Council or.public will be embarrassed in the exercise of his or her right of free expression; and WHEREAS, the rules and procedures adopted by the Council need to be amended from time to time. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. On May 13, 2003, Council adopted Resolution 03-028, establishing rules and procedures for conducting public hearings and meetings, including the May 13, 2003 `City of Spokane Valley Governance Coordination Manual." Section 2. On May 25, 2004, Council adopted Resolution 04-013, repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of May 13, 2003. Section 3. On September 13, 2005, Council adopted Resolution 05-021, repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of May 25, 2004. Section 4. The Council hereby repeals the"City of Spokane Valley Governance Coordination Manual" dated September 13, 2005, and replaces it with the"City of Spokane Valley Governance Coordination Manual"dated November 14, 2006, which is attached to this Resolution as Attachment A, and which is incorporated herein by reference.. Section 5. Effective Date. This Resolution shall be in full force and effective upon adoption. Adopted this 14th day of November, 2006. City of Spokane Valle} ATTEST: U,..uoiv1/41....iv...\ .� A Diana Wilhite, Mayor _..._, 9 aristit ainbridge, City Clerk Approved as to ! -rot: , o . _ 0 ice 1 _ CityA .:fey Resolution 06-022 Governance Manual • Sjö1t ' ne .0,00Valley Governance Coordination Manual Resolution 06-022 Attachment A A Comprehensive Collection of Meeting Rules, Coordination Procedures, Administrative Public Hearing Procedures, and Applicable References from the Revised Code of Washington Adopted November 14, 2006 Resolution 03-028 adopted 5-13-2003, replaced by Resolution 04-013 adopted 5-25-2004, replaced by Resolution 05-021 adopted 9-13-2005, replaced by Resolution 06-022 adopted 11-14-2006 •" TABLE OF CONTENTS ARTICLE - COUNCIL KEETINGS • • 4 1.01.1 Council Meetings - Time and Location 4 .01,2 Council Meetings - Open to the Public 4 1.02 Election ofOfficers 4 1.03 Presiding Officer 4 1,04 Quorum • 5 1.05 Attendance, Excused Absences 1.06 Special Council Meetings • • .1.07 Council Material 5 1.08 Council Packets 5 1.09 Council Meeting Agenda I Consent Agenda • 1.10 Approaching the Dais 6 1.11 Study Sessions and Workshops . • 6 1.12 Council Travel Provisions 7 1.13 Telephone 'free 1.14 "Three Touch Princi pie:* 7 1.15 City Manager • 8 [6 City Clerk Minutes - Public Information •ation Access 8 1.1.7 City Staff—Attendance at Meetings 8 ARTICLE 2 - DUTIES AND PRIVILEGES OF MEMBERS 9 2.01 Respect and Decorum 2,0 I A Rolls of Address 2.02 Seating Arrangement 9 . 2.03 'Dissents and Protests • 9 2.04 Fill 11 g Council Vacancies 9 ARTICLE 3 - COUNCIL PROCEDURES 9 3,01 Rules of Order 9 3.02 Motions 9 3.03 Order of Business 10 3.04 Adjournment Due to Emergency or Disruption 12 • 3.05 Permission Required to Address the Courieil 12 3.06 Voting and Tele/video Conferencing 12 3.07 ..Enacted Ordinances, Resolutions and Motions 13 3.08 Ordinances 14 3.09 'Resolutions • 14 3.10 Reconsideration • 15 3,11 :Legislative:Process, Preparation, Introduction and Flow of Ordinances, R.csohntions and Motions 312 Complaints and Suggestions to Council 15 3.13 Photographs, Motion Pictures,Video Tape --Permission Required for Artificial illumination 16 covernanc.e Manual TABLE OF CONTENTS, Continued ARTICLE 4 - COMMITTEES, BOARDS & COMMISSIONS 16 • 4.0I Corninittees 16 4.02. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies 17 ARTICLE 5-RELATIONS WITH CITY MAN A G ER & ADMINISTRATION 17 5.01 Role of the City Manager 17 5.02 Administrative interference by Councilmernbers 17 5.02.l informal Communications Encouraged 17 5.03 Administrative Complaints Made Directly to individual Councilmemberc 17 5.04 Admini strati ve.Corplaints—"Best Practice" l$ ARTICLE 6 -PI:131K 11E RING PROCEDURES 18 6.00 Types of Public.Hearings • 18 6.0 I Legislative Public Hearing 18 6.02 Quasi-Judicial 'Public'Hearing 19 1, Specific SCa[ukUr'.I'rovisionS • 19 2. Actions.Proeedures for Quasi-Judicial Public Hearing 19 3. Public.Hearing Format 20 4. Appearance of Fairness•Doctrine 22 6.03 Site Specific Comprehensive Plan and Zoning Amendments (Rezones) 23 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 f 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 31) Exhibit A-6(1) Task Force/Town'Hall'Meetings General Model 32 Exhibit A-6(2) Multi-Agency Coordination Task Force Model 33 ExhibitA-7 Citizen's Task.Eorce 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 42 • • 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 R.CW 42.30.110 or lROW 42.30.140. Councilmembers will notify appropriate staff of Councilmember's plans to attend any of the various outside public meetings hosted by other organizations or agencies, so that notice may be • published concerning such attendance in order not to risk any real or perceived violation of the Open Public Meetings Act. • 1.02 Election of Officers. Procedures for electing officers are as follows: (a) Biennially, at the first meeting of the new Council, the members thereof shall choose a presiding officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. if a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030) (b) The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nomination. Each member of the City Council shall be permitted to nominate one (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. En 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 Mayor/Council Correspondence. Councilmembers recognize that in the Council/Manager form of government, the Mayor is recognized by community members as a point-of-contact. To Governance Manual 4 facilitate full communications, staff ►will work with the Mayor to circulate to Councilmembers copies of emails and written correspondence directed to the Mayor regarding city business. This provision will not apply to invitations for mayoral comments at various functions nor requests for appointments nor other incidental contact between citizens and the Office of the Mayor. 1.05 Quorum. At all meetings of the Council, a majority of the Councilmembers who hold office shall constitute a cluururn for the Transaction of business_ A lesser number may adjourn from time-to-time, provided that written. notice of said adjournment be posted on the exterior Council Chamber doors per RCM 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes, (R.CW 35A_13.170, 35A.12.120) 1.06 Attendance, Excused Absences. RC.Vir 35A,12,060 provides that a Councilmember shall forfeit his/her office by failing to attend three consecutive regular meetings of the Council without being excused by the Council_ Members of the Council may be so excused by complying with this section. The member shall contact the'Presiding Officer, City Clerk, or City Manager prior to the meeting and state the reason for his/her inability to attend the meeting_ Following roll call, the 'Presiding; Officer shall inform the Council of the member's absence, and inquire if there is a motion to excuse the member_ This motion shall be nandebatable_ Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the City Clerk will make an appropriate notation in the minutes. • 1.07 Special Council Meetings. Procedures for setting a special meeting are as follows; (a) A special meeting may be called by the Mayor or any three (3) members of the Council. (RCW 35A,13.170, 35A,12.110) (h) Notice of the special meeting shall be prepared in Itvriting by the City Clerk. The notice shall contain the following information about the meeting: time, place, and business to be transacted. • (a) The notice shall be delivered by regular or electronic mail or personally to the residence of each Couricilmember, 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 he dispensed within the circumstances provided by RCW 42.30.0210, that is: (1) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (2) As to any member who was actually present at the meeting at the time it convenes, and (3) In the 'event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the. likelihood of such injury or damage: or as otherwise provided by law. • 1.08 Council Material. Councilmembers and affected staff should read the agenda material and ask clarification questions of appropriate staff prior to the Council meeting, when possible.' 1..09 Council Packets, Councilmembers shall personally pick up their agenda packets from the • individual mailboxes, provided by the City Clerk, unless otherwise arranged by the member or further directed by Council_ • Governance Manual 5 • • LW• Council 'Meeting Agenda/Consent-Agenda, The City Clerk, under the direction of the City Manager in consultation with the Presiding Officer, .shall an•ange 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 shah have the option of adjusting the agenda as necessary, A copy of the agenda and supporting materials shall be prepared for orfncilmcrnbers, the City Manager, and the media who have filed a notification request, on or before close of business on a Friday preceding a Tuesday regular Council meeting, • or at the close of business at least 24 hours preceding a special Council meeting. Any revised agenda thereafter distributed shall contain the date, time and author of the revision. Distribution of the agenda to Councilmembers shall he as directed by Council and may be by mailboxes in City}-Call,Fax, E-mail or personal delivery when requested_ ]kequests for presentations to be scheduled on the forma[ 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 shalt rule on the appropriateness of the video tape. The Presiding Officer, three (3) Council members, 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 he reviewed by a Counci!member 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; "l move approval of the consent agenda-" This motion will have the effect of moving to approve all items on the Consent Agenda. Since approval of any item on the consent agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the consent agenda. Therefore, prior to 1:110 vote on the motion to approve the consent agenda, the Presiding Officer shall inquire if any Council member wishes an item to be withdrawn from the consent agenda. If any matter is withdrawn, the Presiding Officer shall pace the item at an appropriate place on the agenda for the current or a future meeting. 1.11E 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- • 1.12 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 Governance Manual 6 administration on single subjects but tine consuming, complex matters (Le., budget, complex legislation or reports, etc.). Workshops and Study Sessions shall he in a less formal setting, council may he seated other than at the dais, but shall not discourage public observation, Public comment is not allowed at study sessions although the Council may request participation in the same manner as a regular Council meeting. The City Clerk, under the direction of the City Manager; shall arrange a Council study session or workshop worksheet for the meeting. The worksheet shall,for each item, contain the discussion sithjecl, the discussion lender, the(warily and The discussion goat 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 ovorkshop, 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 councilmernber being recognized by the presiding offce.r. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all councilmembers have the opportunity to be heard, and to keep the discussion properly focused. 1.13 Council Travel Provisions. This section is intended to provide guidance on the utilization of the Council budget For city business related travel expenses- The total allocation of travel funding budgeted for the Legislative ]ranch for the fiscal year will be apportioned (1l7) to each Counuilmember. 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 Councilrnember by the Finance Department, Should a ' Councilmemher 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 Councilmernher 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, comnmissions or task forces. 1.14 Telephone Tree. Occasionally there are eery 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. 1.15 "Three Touch Principle," .Decision} makers arid 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(he 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 • A.drniniscralion, should "touch" the Decision makers three separate times. This includes oral or written reports, `;information only" agenda items, or any combination thereof To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject • matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." • It is recognized that 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. 1.16 City Manager. The City Manager, as the chief executive officer and head of the administrative branch of city government, or his/her designee, shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council_ The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; &pare and submit to the Council such reports as may be required by the body or a. 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. (RC W 35A,13.080) 1.17 City Clerk - Minutes - Public Information Access. The City Clerk shall be ex-officio Clerk-of-the-Council and shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager_ In the absence of 1:he 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 audio record the proceedings of all City Council meetings, and shall keep and make available an index of the topics of each meeting which will facilitate location of the item in the appropriate meeting minutes, Access to the audio recordings shall he made reasonably available to any party who so requests, according to City public information procedures_ 1.1K 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 Ariicie 1- Council'Medings Governance Manual 8 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 scats 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. 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. Governance Manual 9 Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. (b) Agenda items scheduled as New or Old Business shall require a motion by a Councilmember before discussion unless the Council shall suspend the requirement by majority vote. Upon failure of either a prior motion or rule suspension, the agenda item shall be passed over and may not be reintroduced until the next regular meeting. (c) When possible, Councilmembers should direct questions primarily to the City Manager or the designated presenter. 3.03 Order of Business. The business of all regular meetings of the Council shall be transacted as follows: provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct the business before the Council more expeditiously. (a) Call to order by the Presiding Officer. (b) Invocation (c) Pledge of Allegiance. (d) Roll Call (see Section I.06 for procedure to excuse an absence). (e) Approval of Agenda (t) Introduction of Special Guests and Presentations. (g) Councilmember Reports of Council or government-related activities (e.g. synopsis of Committee or board meetings). These oral reports are intended to be brief, city work- related," heads-up in nature" or otherwise of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the city on a regional Board or Commission. Extended reports shall be placed as agenda items for presentation or submitted in writing as an informational memo. (h) Presiding Officer's report. (i) Comments from the public on subjects not on the agenda for action - limit 3 minutes each, unless modified by the Presiding Officer. Note: the City Council desires to allow a maximum opportunity for public comment. However, the business of the City must proceed in an orderly, timely manner. At any time, the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as arc necessary to prevent disruption of other necessary business. I. 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. (j) Public Hearings(see Article 6 for procedural details). (k) Consent Agenda(see Section 1.10 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 only items. (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 the time when the executive session shall be concluded. If the Council wishes to adjourn Governance Manual 1 I 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 Confcrcncing. The votes during all meetings of the Council shall be transacted as follows: (a) Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice, except that at the request of any Councilmember, a roll call vote shall be taken by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. (b) In case of a tie vote on any proposal, the motion shall be considered lost. (c) Every member who was in the Council chambers when the question was put, shall give his/her vote unless the Council, for special reasons, shall excuse the member by motion. If any Councilmember refuses to vote "aye" or "nay," their vote shall be counted as a "nay" vote unless the Councilmember is abstaining due to actual, or appearance of, a conflict of interest. (d) The passage of any ordinance, grant or revocation of franchise or license, any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least.a majority of the whole membership of the Council. (e) The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity or violence of nature or riot or insurrection • or war (except for the statutory powers of the Mayor in accordance with RCW 35A.13.030), and provisions for a lesser emergency, such as a budget amendment, shall require the affirmative vote of at least a majority plus one (1)of the whole membership of the Council. (RCW 35A.13.190) In the event calamitous conditions should prevent Governance Manual • 12 assembly of such majority through death or injuries, the provisions of R.CW 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) I. 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 telc/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. (h) 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. Governance Manual 13 • (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. (e) 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 t:o 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 DRAi+TS 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 on matters not on a Council agenda, the Presiding Officer shall, in consultation with the City Manager, first determine whether the issue is legislative or administrative in nature and then: (a) Ti legislative, and a complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if the Council finds such complaint suggests a change to an ordinance or resolution of the City, the Presiding Officer may refer the matter to a committee, administration, or the Council-of-the-Whole for study and recommendation. (b) If administrative, and a complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Presiding Officer should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. Governance Manual 15 • 3.13 Photographs, motion pictures or video tape requiring artificial illumination - Prior Permission Required. No overhead projection, photographs, motion pictures, or video tapes that require the use of Floodlights, or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. End of Article 3-Council Procedures ARTICLE 4- COMMITTEES, BOARDS& COMMISSIONS 4.01 Committees. (a) All standing Committees, Boards, and Commissions which are required by state law shall be appointed by the Mayor with confirmation by the Council. (b) All other Council Committees, Citizen Task Force groups and rules or operating procedures thereof shall be established by Council Directive with special attention to RCW 35A.13.120, and after consultation with the City Manager. Such committees shall be commissioned for a time certain, not to exceed two (2) years or the term of the appointing Mayor, whichever is less and provided with a clear task description and "sunset" provision. Appointment shall be by the Mayor. Council may waive confirmation in the instrument creating said committee or group. Such Committees shall be subject to review, whenever a new Council is seated following elections, so as to determine whether the committee and its functions continue to be appropriate and necessary. Members of any Committee, Board or Commission which have been appointed or confirmed by the Council, may be removed without cause by a majority vote of the Council. A copy of the motion(s), or as hereafter amended, establishing committees, liaisons and citizen's task force groups shall be attached hereto, as Exhibit A-5. (See the attached related charts Exhibits A-6(1) (2)& A-7.) (c) Other special ad hoc committees and Council liaisons for a particular purpose may be appointed by the Mayor, without confirmation of Council for a time certain, not to exceed the term of the appointing Mayor, along with a clear task description and "sunset" provision. (d) Committees, liaisons and citizen taskforee 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) Council member(s) may be designated by the City Council to take the lead on particular significant issues and to provide an appropriate feedback of information to Council,'in order to gain corporate approval and coordination of corporate efforts. No Councilmember may speak for the Council unless Council has designated that person as the lead on that particular issue. (f) No Advisory Board or Commission shall take any final action outside of an open public meeting. Governance Manual 16 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 ofArticle 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, RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform legally defined duties and responsibilities without interference by the City Council in the day-to-day management decisions of the City Manager. 5.02 Administrative Interference by Councilmembers. Neither the Council nor any of its _ committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.120.) 5.02.1. informal Communications Encouraged. The above requirement of RCW is not to be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff. While maintaining open lines of communication, City staff responding to information requests from Councilmembers will inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. 5.03 Administrative Complaints Made Directly to Individual Councilrnernbers. When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the City Manager shall not be required to divulge Governance Manual 17 information heishe deems confidential, in conformity with applicable statutes, ordinances, regulations, policies or practices. • 3.04 Administrative Complaints — "Best Practice." Although citizens' direct access to elected • officials is to be encouraged to help develop public policy, City Councilinembe.rs 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. !n that cease refer to Section 5.03 above_ • End of .rick 5—Rckg ions with City Manager&. Ath ii i,siration • • ARTICLE 6 - PUBLIC HEARING PROCEDURES 6.00 There are two types of public hearings, Legislative and quasi-judicial: (a) Legislative public hearing are hearings held to obtain public input on legislative decisions on matters of policy. Legislative public hearings arc required by state law when a city or county addresses such matters u_s comprehensive land use plans, or the annual or biennial budget. They are generally less formal than quasi-judicial public hearings, They do not involve the legal rights of specific, private parties in a contested setting, but rather affect a wider range of citizens or perhaps the entire jurisdiction_ The wisdom of Legislative decisions reached as a result of such hearings is not second-guessed by the courts; if challenged, they are reviewed only to determine if they are constitutional or violate state law, For example, a court will not review whether the basic hudgetaiy decisions made by a city were correctly made. (b) Quasi judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the"record" developed at the hearing_ Quasi judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MR C Public Hearings When and How to Hold Them by'Bob Meinig, MRSC Legal Consultant August 1998) 6.01 Legislative Public Hearings: (a) State statutes do not specify how public. hearings should be. conducted. Because. legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual comments.if many people are intending to speak, and the public should be advised that comments must relate to the matter at hand. The "ground rules" for Ih: conduct of the hearing should be stated by the presiding official at the beginning of the hearing. CO • Actions for a Public .Hearing, Prior to the start of the public hearing, the Presiding Officer announces the following Rules of Orden 1_ A II public comments shall be made from the speaker's rostrum, and any Individual making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. • Governance Manual • l8 2. No comments shall be made from any other location, and anyone making "out of order"comments shall be subject to removal from the meeting. 3. Unless otherwise determined by the Presiding Officer, all comments by the public shall be limited to three minutes. 4 There will be no demonstrations, applause or other audience participation, before, during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. 5. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard and to ensure that individuals are not embarrassed by exercising their right of free speech. • c. The Presiding officer declares the public hearing on (topic)open and asks staff to make their presentation. d. After staff presentations,the Presiding Officer calls for public testimony. e. The presiding officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions, the appropriate individual will be recalled to the podium. f. The presiding officer declares the public hearing closed. 6.02 Quasi-Judicial Public Hearings: 1. Specific Statutory Provisions. a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, RCW 42.36.040, except that. sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b. A candidate for the City Council who complies with all provisions of applicable public disclosure and ethics laws shall not be limited under the Appearance of Fairness Doctrine from accepting campaign contributions to finance the campaign, including outstanding debts. (RCW 42.36.050) c. Ex Parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex purse communications with proponents or opponents about a proposal involved in the pending proceeding, unless the Councilmember: (I)places on the record the substance of such oral or written communications; and (2) provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official lithe correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) d. Public Disclosure File. The City Clerk shall maintain a public disclosure file, which shall be available for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms filed with the Washington State Public Disclosure Commission. Governance Manual 19 • e. Procedure On Application. Any person making application for any action leading to a quasi-judicial hearing before the Planning Commission and City Council shall be provided with a document containing the following information: (I) the names and address of all members of the City Council, and the Planning Commission, (2)a statement that public disclosure information is available for public inspection regarding all such Councilmembers, and (3) a statement that if the applicant intends to raise any appearance of fairness issue, the applicant should do so at least two(2) weeks prior to any public hearing, if the grounds for such issue are then known and in all cases, no later than before the opening of the public hearing. The applicant shall sign a receipt for such document. 2. Actions/Procedures for a Quasi-Judicial Public Hearing. 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, and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to sigm in shall not be permitted to speak until all those who signed in have done so. 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. The Presiding Officer, subject to concurrence of the majority of the Council, may establish time limits and otherwise control presentations. The Presiding Officer may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.) b. The Presiding Officer introduces the agenda item, opens the public hearing, and announces the following Rules of Order: 1. All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. If there is any appeal, the court must make its decision on the basis of what was said at the public hearing. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent; please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. • 3. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4. There will be no demonstrations, applause or other audience participation before, 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 t:o ensure that individuals are not embarrassed by exercising their right of free speech. 3. Public Hearing Format: 1. 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 Governance Manual 20 Council should avoid indicating approval or disapproval of such plans. Such evidence shall remain a part of the record." 2. 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.) 3. The Presiding Officer calls for additional proponents or speakers. 4. 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." 5. Opponents speak. 6. The Presiding Officer calls for additional opponents up to three(3)times. 7. 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. 8.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." 9. 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. 10. 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. 11. The Presiding Officer inquires if there is a motion by any Councilmember. 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. The councilmember who makes the motion can't. speak against his or her own motion; although he or she can vote against it. The person who seconds the motion, however, can speak against the motion because a second means"Let's discuss it," not"I agree." 12. The Presiding Officer inquires if there is any further discussion by the Councilmembers. Governance Manual 21 • 13. The Presiding Officer inquires if there are any final comments or recommendations from administration. 14. The Presiding Officer inquires of the Councilmembers as to whether they are ready for the question. 15. The City Clerk shall conduct a roll call vote. 16. 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. 4. Appearance of Fairness Doctrine. a. 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." Swill 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 Counci lmembers-Procedure. 1. Immediate self-disclosure of interests that may appear to constitute a conflict of interest is hereby encouraged. Councilmembers should recognize that the Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but whether there is an appearance of conflict of interest to the average person. This may involve the Councilmember or a Councilmember's business associate, or a member of the Councilmember's immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents or opponents before or after the hearing, business dealings of the Councilmember's employer with the proponents or opponents, announced predisposition, and the like. Prior to any quasi-judicial hearing, each councilmember should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If the answer is in the affirmative, no matter how remote, the Councilmember should disclose such 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 Governance Manual 22 • 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 Of cer shall call a recess to permit the City Attorney to make such interview and render such opinion. 3. The Presiding Offiicer shall have authority to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness violation. Further, if two (2) or more Councilmembers believe that an Appearance of Fairness violation exists, such individuals may move to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness violation. In arriving at this decision, the Presiding Officer or other Councilmembers shall give due regard to the opinion of the City Attorney. d. When Council conducts a hearing to which the Appearance of Fairness Doctrine applies, the Presiding Officer (or in the case of a potential violation by that individual, the Mayor Pro Tem) will ask if any Councilmember knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The fonii of the announcement is as follows: All Councilmembers should now give consideration as to whether they have: I. 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 Councilmcmber 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. 603. Site-Specific Comprehensive Plan and Zoning Amendments ("Rezones"). The following are general concepts and not intended to add to or change applicable statutes or ordinances or to be considered a land use control. Under Washington's Growth Management Act, Chapter 36.70A RCW, as implemented by Spokane Valley, site-specific rezone requests (initiated by property owners or developers) are processed not more frequently than once each year, concurrently with the Comprehensive Plan amendment process. This assures that all rezones are consistent with the overarching purposes and intent of the Growth Management Act and the City's Comprehensive Plan. All zoning must be consistent with, and implement the Comprehensive Plan. To that end, at the outset of each public hearing or meeting to consider a zoning amendment or zoning reclassification, the Presiding Officer or City Attorney will announce the legal standards for Comprehensive Plan and zoning amendments and ask the parties to limit their presentations to information within the scope of the standards. The form of the announcement is as follows: The following are general concepts regarding Comprehensive Plan and zoning amendments under the law of the State of Washington: 1. The current zoning is presumed valid. Governance Manual 23 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 (e) 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; (h) 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 arid 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 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; (0 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 Governance Manual 24 • • 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. 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. 'l'hey are not to be considered restrictions or expansions of City Council authority. These rules have been prepared from review of many statutes, ordinances, court cases and other sources but they are not intended to be an amendment or substitute for those statutes, ordinances, court decisions or other authority. 7.02 Use. No action taken by a Councilmember or by the Council which is not in compliance with these rules, but which is otherwise lawful, shall invalidate such Councilmember's or Council action or be deemed a violation of oath of office, misfeasance or malfeasance. No authority other than the City Council may enforce these rules or rely on these rules. Failure of the City Council to follow any of these rules shall be considered a Council decision to waive such rule. No notice of such waiver need be given. 7.03 Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council and not to provide substantive rules affecting constituents, it is expressly stated that these rules do not constitute land use regulations, official controls, "appearance of fairness rules," public hearing rules or other substantive rules binding upon or to be used by or relied upon by members of the public. These rules do not amend statutory or other regulatory (such as ordinance) requirements. End of Article 7— Use of Rule • Governance Manual 25 • EX BZT A-1 Approved by Council May 13, 2003 MEMORANDUM • APRIL ,200_ DATE: TO: • CITY COUNCIL • • FROM: Crr Y 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-arianged "telephone tree"•informs the .entire Codicil of important happenings in the shortest possible rime. 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*ay. 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 LZ nII > mII > f) ✓ 0 0 3 r 0 0 3 0 E Z Z M E Z Z M C z m m A m m a y -I I •fl � 1 m S A 3a 0 A W 00• . n 3 � 0 � z c0 3 0 cD 0t< - m n 2 0 0 .4 1 11 nII > mll > r• z z m [ z z R C• m m . r Q 0 a Q D i 3 A a A `. ill Z. 0 m X Q g 0 0 z z N 1 - p _. 0 '. F r w _ 3 3 m • m 3 3 w w m m t t t n II > nII > mII > mll > ✓ 0 0 3 x 0 0 3 r 0 0 3 x 0 0 3 r z z m cr z z m r z z m � z z in • m m m m m m m m E A 0 m x 0 rn A 0 m A 0 0 z z z z a a 0 C) F F F F 3 3 3 3 RI 3 3 3 3 w w 01 w _. m m m m A A A A 1 E XI-1113IT A-3 Approved by Council May 13, 2003 (r PARLIAMENTARY PROCEDURE AT A GLANCE May you Must be Is motion vote To do this: You say this: interrupt seconded debatable required speaker? ? ? Introduce business "I move that..." NO YES YES MAJORITY Amend a motion "I move to amend this motion" NO YE-S YES MAJORITY Request information "Point of information" YES NO NO NO VOTE Suspend further discussion "I move we table it" NO YES NO MAJORITY End debate and bring matter to "1 move the previous question an immediate vote ..." NO YES NO MAJORITY Postpone discussion "I move we postpone this matter until..." NO YES YES MAJORITY Have something further studied "I move we refer..." by 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 C Object to considering some "I object to consideration of matter this" YES NO NO MAJORITY Take up a matter previously "I move to take from the table tabled ..." NO YES NO MAJORITY Reconsider something already "I move we reconsider action on _disposed_of __•___�___, " - YES YES YES MAJORITY Consider something in "I move we suspend the rules • unscheduled 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 E)CI111317 A4 Approved May 13, 2003 LEGISLATIVE,PROCESS FLOW CHART • City Council Citizens City Manager (proposed draft) (proposed draft) • Administration study draft o, ?Council Study Session • 4 (proposed draft) (Council draft or summary)• Initiative filed i IF REJECTED (only for matters subject to • initiative in accordance with Washington law) City Council 1st reading Public meeting (Council draft) Election held City Council 2nd reading 1 \ ordinances •(Council ordinance) If approved by voters, ordinance prepared l • • N ADOPTED POLICY /LAW OF TIM CITY • i EXId_173I'T A-5 Approved by Council May 13, 2003 r 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-ofthe-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"due 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 • coiiimunication 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 andfor 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 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(l). • 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 30 Governance Coordination Manual , . 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 HaIl/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 EXBIB:IT A-6(1) TASK FORCE/TOWN HALL MEETINGS GENERAL MODEL City Council Final Public Input Meetings Forum Formal agenda Liaison Role discussion,public Councilmernbcr information&two ♦ Public Process comment,public hearings,etc. way communication Citizen Input Path Task Force • 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 Forums* (Technical Support) Citizen Issue Appointed by CM Information coordinated *public Forums Consensus by steering group— Forums reports to Council by *Town Hall Meetings presentation, *Hearings,etc. liaison or directly to group Representation/Coordination discussions, Roles by Councilrnember, public task force forums identify issues, Staff develop *Can be an appointed core group with consensus general public forum or closed group, depending on issues • • MOTION"To Approve the Task ForceJTown • • 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 i . EXHIBIT A-6(2) MULTI-AGENCY COORDINATING TASI{FORCE MODEL ' City Council Final Public Input Liaison Role Meetings Fo Councilmcmbcr/City Manager&two Formal agenda discussionn,,public -Non City Liaison Role way conununication Public Process comical,public Agency/Group • Two-Way hearing,.,etc. -Non City • Agency/Group V V / . • Task Force City 4 Task Force Input Ci Board or Steering Group Commission Report to Council by A steering group I-Councilmember .1-City Manager Comp.Plan 1-City Board or I Review Commission • Town Hall Meetings 1-Non City Agency/Group 1-Non City Agency/Group Task Force Public (Each agency appoints its Forums* own rep) Information coordinated Citizen Issue 4 by steering group— *Open 1-Iouse Forums ill__Consensus reports to Agency by *Town Hall Meetings y c enrtulion, Representation/Coordination liaison or directly to *Club Programs Info group Roles by Steering Group public task force forums discussions, Members l■ identify issues, • develop *Can be an appointed core group with consensus , ' general public forum or closed group, depending on issues i MOTION"To Approve the Multi-Agency 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." w w EXIl1BIT A-7 Motion"To Approve the Citizens' Task Force General Model Chart Herein Contained and Incorporated as Exhibit A7 of the City of Spokane Valley Council Rules of Procedure." . CITIZENS TASK FORCE I unison Rolo City Council Final Public Input Forum GENERAL MODEL Cou information a two way n�cilmemberorciiizen, Meetings= 4—Formal agenda discussion,public-- 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 w Presentation,group discussions, — Manager) * Town Hall Meetings identify Issues,develop consensus Information coordinated by * Others (Technical Support) steering group-reports to — . Council by liaison or directly A to public task force forums _Representation I Coordination Roles by Councilmembor,Citizen or Staff –' i i , _. ♦ • Local Interest Regional Groups Technical Groups Groups &Organizations &Organizations w Chapter 35A.13 RCW Council-manager plan of government Chapter Listinq RCW Sections 35A.13.010 City officers–Size of council. 35A.13.020 Election of councilmen–Eligibility--Terms–Vacancies– Forfeiture of office--Council chairman. 35A.13.030 Mayor–Election–Chairman to be mayor–Duties. 35A.13.033 Election on proposition to designate person elected to position one as chairman--Subsequent holders of position one to be chairman. 35A.13.035 Mayor pro tempore or deputy mayor. 35A.13.040 Compensation of councilmen–Expenses. 35A.13.050 City manager–Qualifications. 35A.13.060 City manager may serve two or more cities. 35A.13,070 City manager–Bond and oath. 35A.13.080 City manager–Powers and duties. 35A.13,090 Creation of departments, offices,and employment–Compensation. 35A.13.100 City manager–Department heads–Authority. 35A.13.110 City manager–Appointment of subordinates–Qualifications--Terms. 35A.13.120 City manager– Interference by council members. 35A.13.130 City manager–Removal–Resolution and notice. 35A,13.140 City manager–Removal–Reply and hearing. 35A.13.150 City manager–Substitute. 35A.13.160 Oath and bond of officers. 35A.13.170 Council meetings–Quorum–Rules–Voting. 35A.13.180 Adoption of codes by reference. 35A.13.190 Ordinances–Style–Requisites–Veto. �. 35A.13.200 Authentication, recording and publication of ordinances. 35A,13;210 Audit and allowance of demands against city. 35A.13.220 Optional division of city into wards. 35A.13.230 Powers of council. 35A.13.010 City officers—Size of council. The councilmembers shall be the only elective officers of a code city electing to adopt the council-manager plan of government authorized by this chapter, except where statutes provide for an elective municipal judge. The council shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and head of the administrative branch of the city government. The city manager shall be responsible to the council for the proper administration of all affairs of the code city. The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants the council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council. If, after a city has become a council-manager code city its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city. When the population of a council-manager code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.13.020, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of inhabitants shall be determined by the most recent official state or-federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the council-manager plan of government set forth in this chapter may provide for an uneven number of councilmembers not exceeding eleven. { 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 35 • .I 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§2.4;1979 c 151 §34;1957 ex.s.c 119§ 35A.13,010.1 Notes: Severability--1987 c 3: See note following RCW 3.46.020. Severability--1979 ex.s.c 18: See note following RCW 35A.01.070. Population determinations,office of financial management:Chapter 43.62 RCW. 35A.13.020 Election of councilmen—Eligibility—Terms—Vacancies—Forfeiture of office—Council chairman. In council-manager code cities,eligibility for election to the council,the manner of electing councilmen,the numbering of council positions,the terms of councilmen,the occurrence and the filling of vacancies,the grounds for forfeiture of office,and appointment of a mayor pro tempore or deputy mayor or councilman pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a code city organized under the mayor-council plan, except that in council-manager cities where all council positions are at-large positions,the city council may, pursuant to RCW 35A.13.033, provide that the person elected to council position one shall be the council chairman and shall can out the duties prescribed by RCW 35A.13.030. [1994 c 223§36;1975 1st ex.s.c 155§1;1967 ex.s.c 119§35A, 3.0201 35A.13.030 Mayor—Election—Chairman to bo mayor—Duties. Biennially at the first meeting of the new council the members thereof shall choose a chairman from among their number unless the chairman is elected pursuant to RCW 35A.13.033.The chairman of the council shall have the title of mayor and shall preside at meetings of the council. In addition to the powers conferred upon him as mayor, he shall continue to have all the rights, privileges, and immunities of a member of the council. The mayor shall be recognized as the head of the city for ceremonial purposes and by the governor for purposes of military law. He shall have no regular administrative duties, but in time of public danger or emergency, if so authorized by ordinance, shall take command of the police,maintain law,and enforce order. [1975 1st ex.s.c 155§2; 1967 ex.s.c 119§35A,13.639.] 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 l st ex.s.c 155§3.J 36 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. IMO ex.s.c61 §1.1 Notes: Effective date--1969 ex.s.c 81:'This 1969 amendatory act shall take effect July 1, 1969."[1969 ex.s.c 81 §7.] 35A.13.040 Compensation of councilmen—Expenses. The salaries of the councilmen, including the mayor,shall be fixed by ordinance and may be revised from time to time by ordinance,but any increase or reduction in the compensation attaching to an office shall not become effective until the expiration of the term then being served by the incumbent: PROVIDED, That compensation of councilmen may not be increased or diminished after their election nor may the compensation of the mayor be increased or diminished after the mayor has been chosen by the council. Until councilmen of a newly-organized council-manager code city may lawfully be paid as provided by salary ordinance, such councilmen shall be entitled to compensation in the same manner and in the same amount as councilmen of such city prior to the adoption of this council-manager plan. Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city, the first councilmen shall be entitled to compensation as follows: In cities having less than five thousand inhabitants– twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but less than fifteen thousand inhabitants-- a salary of one hundred and fifty dollars per calendar month; in cities having more than fifteen thousand inhabitants – a salary of four hundred dollars per calendar month. A councilman who is occupying the position of mayor,in addition to his salary as a councilman, shall be entitled,while 'serving as mayor,to an additional amount per calendar month, or portion thereof, equal to twenty-five percent of the councilmanic salary: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is passed and becomes effective as to such officers, and the compensation provided herein shall not be construed as fixing the usual compensation of such officers. Councilmen shall receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance. [1979 ex_s.c 16§25;1967 ex.s.c 119§35A.13.040.J Notes: • Severability--1979 ex.s.c 18: See note following RCW 35A.01.070. 35A.13.050 City manager—Qualifications. The city manager need not be a resident at the time of his appointment, but shall reside in the code city after his appointment unless such residence is waived by the council. He shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office. No person elected to membership on the council shall be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he was elected. 11967 ex.s.c 119§35A.13.050.J 37 • 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. 11567 ex_s.c 119§353,13.060,) 35A.13.070 City manager—Bond and oath. Before entering upon the duties of his office the city manager shall take an oath or affirmation for the faithful performance of his duties and shall execute and file with the clerk of the council a bond in favor of the code city in such sum as may be fixed by the council.The premium on such bond shall be paid by the city. 11967 ex.s.c 119§35A.13 0701 35A.13.060 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 C 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 far its administration upon adoption; (9)To perform such other duties as the council may determine by ordinance or resolution. 11987 c 3§17;1967 ex.s.c 119§35A_13.0801 Notes: Severability--1987 c 3: See note following RCW 3.46.020. 38 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§35.A.13.99Q.1 35A.13.100 City manager—Department heads—Authority. The city manager may authorize the head of a department or office responsible to him to appoint and remove subordinates in such department or office.Any officer or employee who may be appointed by the city manager,or by the head of a department or office,except one who holds his position subject to civil service, may be removed by the manager or other such appointing officer at any time subject to any applicable law, rule, or regulation relating to civil service. Subject to the provisions of RCW 35A.13.080 and any applicable civil service provisions,the decision of the manager or other appointing officer, shall be final and there shall be no appeal therefrom to any other office,body, or court whatsoever. (1967 ex_s.c 119§35A,13.190.1 . 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.) 35A.13.120 City manager—Interference by council members. Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or his removal from,office by the city manager or any of his subordinates. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the manager and neither the council nor any committee or member thereof shall give orders to any subordinate of the city manager, either publicly or privately. The provisions of this section do not prohibit the council, while in open session, from fully and freely discussing with, the city manager anything pertaining to appointments and removals of city officers and employees and city affairs. (1967 ex.s.c 119§35A,13.120.l 39 35A.13.130 City manager—Removal—Resolution and notice. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the council.At least thirty days before the effective date of his removal, the city manager must be furnished with a formal statement in the form of a resolution passed by a majority vote of the city council stating the council's intention to remove him and the reasons therefor. Upon passage of the resolution stating the council's intention to remove the manager, the council by a similar vote may suspend him from duty,but his pay shall continue until his removal becomes effective. (1967 ex.s.c 119§35A.13.130,) 35A.13.140 City manager—Removal—Reply and hearing. The city manager may, within thirty days from the date of service upon him of a copy thereof, reply in writing to the resolution stating the council's intention to remove him. In the event no reply is timely filed, the resolution shall upon the thirty-first day from the date of such service,constitute the final resolution removing the manager and his services shall terminate upon that day. If a reply shall be timely filed with the city clerk,the council shall fix a time for a public hearing upon the question of the manager's removal and a final resolution removing the manager shall not be adopted until a public hearing has been had.The action of the council in removing the manager shall be final. (1967 ex.s.c 119§35A.13.140.1 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. 0967cx.s.C119§35A.i3.150.] 35A.13.160 Oath and bond of officers. • All provisions of RCW 35A.12.080 relating to oaths and bonds of officers, shall be applicable to code cities organized under this council-manager plan. (1967 ex.s.c 119§35A.13.160.) 35A.13.170 Council meetings—Quorum—Rules—Voting. All provisions of RCW 35A.12.110,as now or hereafter amended,and 35A.12.120, relating to council meetings,a quorum for transaction of business, rules and voting at council meetings,shall be applicable to code cities organized under this council-manager plan. (1979 ex.s.c 16§26;1967 ex.s.C 119§35A03.170.1 Notes: Severability--1979 ex.s.c 18: See note following RCW 35A.01.070. 40 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§35&13.180.) 35A.13.190 Ordinances—Style—Requisites—Veto. • The enacting clause of all ordinances shall be as follows:"The city council of the city of do ordain as follows:" No ordinance shall contain more than one subject and that must be clearly expressed in its title. No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length. No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or charter, except that an ordinance passed by a majority plus one of the whole membership of the council, designated therein as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace, may be made effective upon adoption, but such ordinance may not levy taxes, grant, renew, or extend a franchise,or authorize the borrowing of money. [1967 ex.s.c 119§35A.13.190.1 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 exs.c 119§35A.13.200.) 35A.13.210 Audit and allowance of demands against city. RCW 35A.12.170 shall apply to the audit and allowance of demands against the city. (1967 ex s.c 119§35A.13.210.] 35A.13.220 Optional division of city into wards. A code city organized under this chapter may be divided into wards as provided in RCW 35A.12.180. . _ _ 11967 ex.s.c 119§35&13.220.] 35A.13.230 Powers of council. The council of any code city organized under the council-manager plan provided in this chapter shall have the powers and authority granted to legislative bodies of cities governed by this title as more particularly described in chapter 35A.11 RCW,except insofar as such power and authority is vested in the city manager. (1987 ex.s.c 119§35A.13.230.J 41 • (r. 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: (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. 42 Governance Coordination Manual • (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 l Governance Coordination Manual 43