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HomeMy WebLinkAbout10/02/2018 06H City Council Special Meetings Rules of Procedure Revision 1 5l BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.H. For Meeting of: October 2, 2018 ITEM TITLE: Consideration of a revision to the Rules of Procedure of the Yakima City Council in Section C.2(c) regarding special meetings SUBMITTED BY: Jeff Cutter, City Attorney Helen A. Harvey, SeniorAssistant City Attorney SUMMARY EXPLANATION: This matter is on for consideration of one revision to the Rules of Procedure of the Yakima City Council in the first sentence of Section C.2(c) regarding the procedure for calling a special meeting. The proposed revised sentence would read: "A special meeting may be called at any time by the presiding officer or by a majority of the members of the Council pursuant to RCW 42.30.080." A copy of RCW 42.30.080 is attached. RCW 42.30.080 is in Chapter 42.30 RCW entitled Open Public Meetings Act. The sentence in the Rules of Procedure of the Yakima City Council (revised July 17, 2018) in Section C.2(c) currently reads: "Special meetings may be called by the presiding officer or by any two members of the Council, as provided for in the City Charter." That sentence reflects the language in another statute, RCW 35.18.170 on Council meetings which is contained in Chapter 35.18 RCW on the Council-Manager Plan and is similar to the City Charter. RCW 35.18.170 states in part: "The clerk shall call special meetings of the council upon request of the mayor or any two members." The language of the two state statutes on the calling of a special meeting is inconsistent. The Open Public Meetings Act provides in part in RCW 42.30.140: "If any provision of this chapter conflicts with the provisions of any other statute, the provisions of this chapter[the Open Public Meetings Act] shall control." Staff recommends that the first sentence of Section C.2(c) regarding the calling of a special meeting be revised to be consistent with RCW 42.30.080. ITEM BUDGETED: STRATEGIC PRIORITY: NA 2 APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Adopt revision to Section C.2(c)to the Rules of Procedure so the first sentence reads: "A special meeting may be called at any time by the presiding officer or by a majority of the members of the Council pursuant to RCW 42.30.080." BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type rop 8/31/2018 Cover Memo RCW 42.30.080 8/31/2018 Backup Material RCW 42.30.140 8/31/2018 Backup Material 3 No activity of a Council committee shall serve to limit information about policies, proposals, and issues assigned to it by a majority of the Council from reaching the full Council in a timely way. No Council committee shall substitute its judgement for the judgement of the full Council. Council committees do not have the power or authority to commit the City nor to take any binding action on behalf of the full Council. C. MEETINGS 1. Regular meetings - Time of meeting Regular meetings of the Council shall be held on the first and third Tuesdays of each month, unless otherwise changed. Regular meetings shall convene at 6:00 p.m. 2. Regular meetings - Place of meetings (a) City Hall Unless notice is given pursuant to Rule C.2.b. of these Rules, all regular meetings of the Council shall be held in the City Council Chambers on the first floor of City Hall and all study session meetings shall be held either in the City Council Chambers or another properly noticed location. (b) Changed meeting place Any meeting of the Council may be held at a place other than that required by Rule C.2.a. hereof on proper notice of a changed meeting place. (c) Special meetings Special meetings may be called by the presiding officer or by a majority of the members nytwo mernbers of the Council_pursuant to RCW 42.30.080, as eovided for Chartei. Types of special meetings that may be called include study sessions, Council briefings, retreats of the Council, joint meeting with another elected body, and emergency meetings (see C 6 below). 3. Meetings - Items considered (a) At regular meetings of the City Council, no action shall be taken on any item(s) not appearing on the posted agenda of such meeting except and unless, by majority vote of the City Council members, it is determined that an emergency exists and that immediate action must be taken by the City Council to address the emergency. (b) Any City Council member(s) may, under "Other Business", propose that an item(s) or issue(s) be referred to City staff for research and review, be assigned to a specific committee of the Council for research and review, be assigned to a specific advisory committee to the Council, and/or be added to the agenda of the next available City Council regular meeting so that such item(s) or issue(s) can be considered by the full Council, provided that such a proposal receives a positive majority vote by the City Council members present. 8 4 No activity of a Council committee shall serve to limit information about policies, proposals, and issues assigned to it by a majority of the Council from reaching the full Council in a timely way. No Council committee shall substitute its judgement for the judgement of the full Council. Council committees do not have the power or authority to commit the City nor to take any binding action on behalf of the full Council. C. MEETINGS 1. Regular meetings - Time of meeting Regular meetings of the Council shall be held on the first and third Tuesdays of each month, unless otherwise changed. Regular meetings shall convene at 6:00 p.m. 2. Regular meetings - Place of meetings (a) City Hall Unless notice is given pursuant to Rule C.2.b. of these Rules, all regular meetings of the Council shall be held in the City Council Chambers on the first floor of City Hall and all study session meetings shall be held either in the City Council Chambers or another properly noticed location. (b) Changed meeting place Any meeting of the Council may be held at a place other than that required by Rule C.2.a. hereof on proper notice of a changed meeting place. (c) Special meetings Special meetings may be called by the presiding officer or by a majority of the members of the Council pursuant to RCW 42.30.080. Types of special meetings that may be called include study sessions, Council briefings, retreats of the Council, joint meeting with another elected body, and emergency meetings (see C 6 below). 3. Meetings - Items considered (a) At regular meetings of the City Council, no action shall be taken on any item(s) not appearing on the posted agenda of such meeting except and unless, by majority vote of the City Council members, it is determined that an emergency exists and that immediate action must be taken by the City Council to address the emergency. (b) Any City Council member(s) may, under "Other Business", propose that an item(s) or issue(s) be referred to City staff for research and review, be assigned to a specific committee of the Council for research and review, be assigned to a specific advisory committee to the Council, and/or be added to the agenda of the next available City Council regular meeting so that such item(s) or issue(s) can be considered by the full Council, provided that such a proposal receives a positive majority vote by the City Council members present. 8 5 42.30.080.Special meetings,WA ST 42.30.080 West's Revised Code of Washington Annotated Title 42.Public Officers and Agencies(Refs&Annos) Chapter 42.30.Open Public Meetings Act(Refs&Annos) West's RCWA 42.30.080 42.30.080. Special meetings Effective:June 7, 2012 Currentness (1)A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the governing body.Written notice shall be deemed waived in the following circumstances: (a)A member submits a written waiver of notice with the clerk or secretary of the governing body at or prior to the time the meeting convenes.A written waiver may be given by telegram, fax, or electronic mail;or (b)A member is actually present at the time the meeting convenes. (2)Notice of a special meeting called under subsection(1)of this section shall be: (a)Delivered to each local newspaper of general circulation and local radio or television station that has on file with the governing body a written request to be notified of such special meeting or of all special meetings; (b)Posted on the agency's web site.An agency is not required to post a special meeting notice on its web site if it(i)does not have a web site;(ii)employs fewer than tell full-time equivalent employees; or(iii)does not employ personnel whose duty,as defined by a job description or existing contract,is to maintain or update the web site; and (c) Prominently displayed at the main entrance of the agency's principal location and the meeting site if it is not held at the agency's principal location. Such notice must be delivered or posted, as applicable, at least twenty-four hours before the time of such meeting as specified in the notice. (3)The call and notices required under subsections(1)and(2)of this section shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. (4) The notices provided in this section may be dispensed with 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. M.SILAW ©2018 Thomson Reuters. No claim to original U.S. Government Works. 1 6 42.30.080.Special meetings,WA ST 42.30.080 Credits [2012 c 188§ 1,eff.June 7,2012;2005 c 273§ 1,eff.July 24,2005; 1971 ex.s.c 250§8,1 Notes of Decisions(9) West's RCWA 42.30.080,WA ST 42.30.080 Current with all effective legislation from the 2018 Regular Session of the Washington Legislature, End of Document c 2018 Thomson Reuters.No claim to original U.S.(love'nment Works. °. i l AV: C)2018 Thomson Routers. No claim to original U.S.Government Works. 2 7 42.30.140. Chapter controllIng--Application,WA ST 42.30.140 KeyCite Yellow Flag-Negative Treatment Proposed Legislation West's Revised Code of Washington Annotated Title 42.Public Officers and Agencies(Refs&Annos) Chapter 42.30.Open Public Meetings Act(Refs&Annos) West's RCWA 42.30.140 42.30.140.Chapter controlling—Application Currentness If any provision of this chapter conflicts with the provisions of any other statute, the provisions of this chapter shall control:PROVIDED,That this chapter shall not apply to: (1) The proceedings concerned with the formal issuance of an order granting, suspending, revoking, or denying any license, permit, or certificate to engage in any business, occupation, or profession or to any disciplinary proceedings involving a member of such business,occupation,or profession,or to receive a license for a sports activity or to operate any mechanical device or motor vehicle where a license or registration is necessary; or (2)That portion of a meeting of a quasi-judicial body which relates to a quasi-judicial matter between named parties as distinguished from a matter having general effect on the public or on a class or group;or (3)Matters governed by chapter 34,05 RCW,the Administrative Procedure Act;or (4)(a) Collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement;or(b)that portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress, Credits [1990 c 98§ 1; 1989 c 175§94; 1973 c 66§4; 1971 ex.s. c 250§ 14.] Notes of Decisions(10) West's RCWA 42.30.140,WA ST 42.30.140 Current with all effective legislation from the 2018 Regular Session of the Washington Legislature. End of Document 2018 Thomson Reuters.No claim to original U.S.Government Works. u'EST.AW C 2018 Thomson Reuters. No claim to original U.S. Government Works. 1