HomeMy WebLinkAbout09/01/2009 04B Minutes 08-17-2009 Council Rules and Procedures Committee Yakima City.Council' Committee MeetmgNlnutes N '7 ' f '
RULES AND PROCEDURES COMMITTEE
Monday, August 17 2009
2:00 p.m.
CED Conference Room — 2 Floor, City Hall
Committee Members Present Staff Present
Bill Lover Dave Zabell, Asst. City Manager
Sonia Rodriguez Jeff Cutter, City Attorney
Micah Cawley Jim Mitchell, Asst. City Attorney
Alt: Adkison Randy Beehler, Comm. Relations Manager
Debbie Moore, City Clerk
Guest
Council Member Kathy Coffey
The meeting convened at 2:04 pm.
Agenda
1. Election of committee chair
Micah Cawley nominated Sonia Rodriguez as chair of the City Council Rules and
Procedures Committee. Bill Lover seconded the nomination. Rodriguez was
• unanimously voted in as committee chair.
2. Discussion re: proposed City Council Code of Ethics
Assistant City Attorney Jim Mitchell reviewed for the committee the discussion that took
place at the July 28, 2009 City Council regular agenda meeting concerning a proposed
City Council Code of Ethics. Following that July 28 discussion, which included review
of some examples of codes of ethics adopted by other cities, the full Council referred
the matter to the Rules and Procedures committee for further dialogue.
The committee discussed several options regarding how code of ethics violations might
be initially reviewed, evaluated, and, ultimately, adjudicated. Suggestions included a
small (3 or 4 member) panel consisting of community members, an independent group
of legal experts, the city attorney's office, or the City Council itself. Lover suggested
that a final decision concerning how violations would be resolved could be deferred
until after the Council had adopted a code of ethics.
Lover and Cawley encouraged the committee to avoid creating a code and /or violations
resolution process that would result in "duplication of accountability." Both
emphasized that most, if not all, of what might be included in a code of ethics is already
prohibited under the Yakima City Charter, the Revised Code of Washington, the
Washington Administrative Code, etc. Rodriguez agreed, but explained that a code of
ethics would bring together the separate rules, regulations, directives, etc. into a single,
easily- referenced document.
® The committee discussed what content should be included in a Yakima City Council
Code of Ethics. Kathy Coffey encouraged the City legal staff to develop a relatively
simple, "easy to remember" preamble that would clearly lay out the purpose of the
code and summarize its contents. Mitchell said that the U.S. House of Representatives
Code of Ethics preamble is a good model.
Cawley suggested that language be included in the Yakima City Council Code of
Ethics which would provide consequences for those who might make false and /or
unsubstantiated complaints. City. Attorney Jeff Cutter proposed that the code also
prohibit anonymous complaints.
The committee agreed by consensus that its intention, at least initially, would be for the
code of ethics to apply only to City elected officials.
Committee Action: Rodriguez proposed, and the committee agreed by consensus, that
the City legal staff: 1) develop a draft code of ethics preamble; 2) develop a draft code
of ethics; 3) provide options regarding how complaints could be reviewed and
adjudicated.
The committee agreed to meet again to review and discuss the material that was to be
prepared by the City legal staff before presenting a recommended code of ethics to the
full City Council in September.
3. Discussion re: proposed Standing Meeting of the City Council
Coffey proposed to the committee that the City Council revisit an idea that was first
raised during the Council's April 2009 retreat to hold less- formal "standing meetings" in
order to provide greater opportunity for the Council to discuss issues more in depth.
Coffey also suggested that a public input period could be included during such
meetings.
Cutter said that his initial research, which included discussing the idea with attorneys at
the Municipal Research Services Center ( "MRSC "), indicated that less- structured city
council meetings can be problematic if they lack, predetermined topic agendas. Cutter
added that MRSC attorneys were unaware of any other cities in Washington State that
hold such meetings. Cutter said that some county commissions in the state do hold
regular, less- formal meetings, but reminded the committee that county commissions
operate under different rules and regulations than do city councils.
Dave Zabell indicated that a city he previously worked for did hold city council
"planning sessions" prior to council regular agenda meetings. However, Zabell said
that city council was, at times, criticized for conducting much of its discussion of issues
during "planning sessions" resulting in "rubber stamp" regular agenda meetings.
Lover expressed concern over the Council conducting too much dialogue outside of
regular agenda and /or scheduled Council committee meetings, and for that reason
would be opposed to the idea of establishing standing, less- formal meetings.
Rodriguez suggested that the Council could conduct less- formal discussions on a trial
basis either as part of an extended City Council Media Briefing each Monday before
Council regular agenda meetings or Tuesdays when no executive session of the
Council was scheduled. Rodriquez suggested that after a few such meetings were
held, the Council could reevaluate the practice. Cawley suggested, and Maureen
Adkison agreed, that such discussions could also be scheduled as part of regular
agenda Council meetings.
Committee Action: Rodriguez moved that the committee recommend to the full Council
that it conduct less- formal discussions on a trial basis, and rotate such discussions
between: 1) an extended Media Briefing; 2) in place of Council executive sessions
(when none is scheduled); and, 3) as part of regular agenda Council meetings.
The motion was seconded by Cawley.
Vote: 2 -1 in favor of motion. Rodriguez and Cawley vote yes. Lover voted no.
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4. Other Business 0
0 Cawley suggested that the City Council reconsider the potential for taping executive
sessions.
Cutter reminded the committee that a proposal to allow taping of state, county, and city
elected body executive sessions failed to make it through the Washington State
legislature earlier this year.
Coffey noted that during a recent appearance in Yakima, Washington State Attorney
General Rob McKenna indicated he may present a revised proposal regarding the
taping of executive sessions to the legislature in 2010.
Cutter recommended that the committee and Council wait to take any action on the
taping of executive sessions until it is known a revised proposal will be
presented to the legislature.
Lover said that if a proposal to tape executive sessions is presented to the legislature,
he will ask the City Council to endorse it.
The committee took no action regarding this issue.
S
ariii , 6; I sei
Sonia Rodriguez, Chair
The meeting adjourned at 3:29 p.m.
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