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07/25/2017 02 Roundtable Discussion
BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 2. For Meeting of: July 25, 2017 ITEM TITLE: Roundtable discussion: A. Use of electronic devices during council meetings / social media guidelines B. Audience participation at meetings C. Council meetings — emergency preparedness (verbal report) D. Budget -- 2017 and 2018 E. Roy's Market quasi-judicial hearing procedure F. Review Council committee process and structure SUBMITTED BY: Cliff Moore, City Manager SUMMARY EXPLANATION: See attached. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date D A. elec deuce 6/29/2017 D A. Selah pdicy re electronic deuce at meetings 7/14/2017 D A. social media guidelines 7/17!2017 City Manager Type Cover Memo Cover Memo Cover Memo 2 O A social media policy 7/20/2017 Cover Memo O B. memo audience comments 7/20!2017 Cover Memo O B. draft redline front 7/20/2017 Cover Memo O B. Draft back sheet redline 7/20/2017 Cover Memo O B. Final back page 7/20/2017 Cover Memo O B. orderly comment Macfarlane 7/20/2017 Cover Memo O B. MRSC audience comments 7/20/2017 Cover Memo O D. budget guidelines 7/18/2017 Cover Memo ID D. budget calendar 7/18/2017 Cover Memo O E. quasi judicial 7/18/2017 Cover Memo O F. B&C 7/20/2017 Cover Memo El F. Full listing 7/20/2017 Cover Memo O F. council committee manual 7;17/2017 Cover Memo MRSC - Use of Electronic Devices During Council/Commission Meetings Page 1 of 3 4MRSC local Government Success Use of Electronic Devices During Council/Commission Meetings June 23, 2017 by Jim Doherty category: Open Public Meetings Act , Public Records Act It seems that everybody is always looking at a screen or sending messages these days, sometimes using a smartphone, a notebook computer, or tablet—what's the big deal? When councilmembers or commissioners who are participating in an open public meeting get lost in their screens they might be: violating the OPMA; about to get the agency involved in a PRA issue; distracted by the latest game app; or sending messages using social media. Or, quite possibly, the councilmember/commissioner might be very attentive to the discussion or issue at hand and reviewing relevant documents online. Here's the issue: the other people in the room have no idea whether those looking at their screens are tuned in, tuned out, or violating the law, and that can be a problem. Violations of the Open Public Meetings Act (OPMA) If people on the legislative body are sending electronic messages between themselves regarding the issue under discussion, then that violates the OPMA because those present have a right to listen to the discussion. If someone on the legislative body is communicating with people not in the room regarding the issue under discussion, that is certainly rude but might also be violating at least the spirit of the OPMA because their role is to be discussing the issue with their fellow councilmembers/commissioners, not with their social media friends or twitter followers. Public Records Act (PRA) Issues If a councilmember or commissioner is sending messages regarding the public issue being discussed, then those messages are public records and can be requested by any member of the public, even if the messages are being typed on a personal smartphone or personally owned computer. Those records might show that the OPMA is being http://mrsc. org/Home/Stay-Informed/MRS C-Insight/June-2017/Use-of-Electronic-Devices... 6/29/2017 MRSC - Use of Electronic Devices DCouncil/CommissionP»ve2of3 Meetings -- vinlatedovrnirhtshowthatthecounciknennberorconnrnbsionerisinvolvedintutaKvperaomalbusinessandis ignoring the matter at hand. For example, A PRA request in one city revealed that a councilmember was involved in a Canseries of very personal and embarrassing emails with a girlfriend. Public ��� ��� Problems? What a U���� Do . ~~ Avoid . ���o���...�. Agency Adopt apolicy. Let all members ofthe legislative bodyandthepubUcknowthemies.Henearesonneexumpiesof policies adopted by jurisdictions here in Washington State. The Spokane Valley Governance Manual includes the following: Councilmembers shall avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns. Likewise, Councilmembers shall avoid browsing the Internet on non -City business during Council meetings in order that Council's full attention can be giventnthetopicathand. The Burien City Council Meeting Guidelines include this: Councilnnembers may posto sociaL media and participate in on(ine forums, but CounciLmembersshould refrain from the following: 1. Posting and/or sending electronic communications while a Council meeting is in session (during a break in the Council meeting, this Item No. 1 of these Standards of Conduct will not apply); 2. Engaging in communications via social media or online forums with other Councilmembers in violation of the Open PubLic Meetings Act; 3. Posting, sending or reading communications regarding quasi- judicial issues via or to social media, where the Council acts in a manner similar to a judge; and 4. Posting or sending communications via or to social media that discuss matters that are attorney-client privileged or that are stiLL confidential Executive Session matters. And, finally, C-TRAN's the following: Board Membershall not send or receive electronic communications concerning any matter pending before Board during a Board Meeting. Board Membershall not use electronic communication devices to review or access information regarding matters not in consideration before Board during a Board Meeting. To ensure focus on the discussions during meetings, Board Members should only use the internet during meetings to access Board agenda packet information, board resource documents, including but not limited to Board Policies, C-TRAN Bylaws, Robert's Rules of Order, or other research relevant to the discussion. In deference to the Board meeting at hand, Board Members should make every effort to refrain from sending or receiving electronic communication of a personanature during Board Meetings, though it may sometimes be necessary to send or receive very urgent/emergency family or business communications during meetings. http://mrsc.org/Home/Stay-Informed/MRSC-Insight/June-2017/Use-of-Electronic-Devices... 6/29/2017 MRSC - Use of Electronic Devices During Council/Commission Meetings Page53 of 3 Does your jurisdiction have a policy regarding use of electronic devices during council or board meetings? Should you have a policy? More and more people are becoming addicted to their online screens and communications, but there is a time and place for everything. If the person chairing the meeting becomes aware that one of the participants is distracted by something off -topic on their device, they should be admonished to get back on track. Be polite, be lawful, and don't be the subject of a news item relating to inappropriate use of electronic communications. Questions? Comments? If you have questions about use of electronic devices during public meetings, or other local government issues, please use our Ask MRSC form or call us at (206) 625-1300 or (800) 933-6772. If you have comments about this blog post or other topics you would like us to write about, please email me at jdohertyomrsc.org. About Jim Doherty Jim has over 20 years of experience researching and responding to varied legal questions at MRSC. He is the lead attorney consultant and has special expertise in transmission pipeline planning issues, as well as the issues surrounding medical and recreational marijuana. VIEW ALL POSTS BY IIM DOHERTY Leave a Comment Comments 0 comments on Use of Electronic Devices During Council/Commission Meetings Blog post currently doesn't have any comments. © 2015 MRSC of Washington. All rights reserved. Privacy & Terms. http : //mrsc. org/Home/Stay-Informed/MRS C-Insight/June-2017/Use-o f -Electronic -Devices... 6/29/2017 6 CITY OF SELAH, WASHINGTON RESOLUTION NO. A RESOLUTION establishing the City Council's "Policy on the Use of Electronic Communication Devices during City Council Meetings". WHEREAS, when the State Legislature adopted the Open Public Meeting Act (OPMA), codified at RCW 42.30, it declared at RCW 42.30,010, in part, as follows: Legislative declaration. The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly. . . . WHEREAS, the OPMA, among other things, prohibits a quorum of members of a legislative body from communicating outside of a public meeting on a matter on the agenda for their consideration; and WHEREAS, the City Council wishes to ensure compliance with the OPMA; and WHEREAS, the use of electronic communication devices, such as cell phones, during a City Council meeting may lead to the public's perception that a Councilmember is not paying attention to the subject matter at hand or that a Councilmember is receiving information relative to the subject matter at hand that other Councilrnembers and members of the public are not receiving; and WHEREAS, the City Council accordingly desires to pass a Resolution establishing a policy applicable to its Council and its Meetings addressing the use of electronic communication devices during a City Council meeting; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELAH, WASHINGTON, HEREBY RESOLVES as follows: Section 1. "Policy on Use of Electronic Communication Devices during City Council Meetings" is hereby established as follows: The City Council's use of electronic communication devices, such as cell phones, during a City Council meeting may lead to the public's perception that a Councilmember is not paying attention to the subject matter at hand or that a Councilmember is receiving information relative to the subject matter at hand that other Councilmembers and members of the public are not receiving, either one of which is inimical to good government and transparency. Therefore, a Councilmember's use of electronic communication devices (including cell phones), other than for the purpose of accessing agenda materials that are on a Councilmember's I-pad/tablet device 7 or lap top computer, is prohibited during Council meetings. This policy does not prohibit using an electronic communications device in the event of an urgent f. ily matter. Section 2. This Resolution shall be effective immediately upon adoption. PASSED this day of April, 2017, Sherry Raymond, Mayor ATTEST: APPROVED AS TO FORM: Dale Noyobielski, Cleric/Treasurer Robert F. Noe, City Attorney 8 7 ii L 5t rang Cities Great State ASSOCIATION i' WA5111'IG i(�N CiTiES Guidelines for elected and appointed officials using social media Social media is a tool growing in popularity for developing direct communications with your community and creating informal opportunities to reach out beyond official publications. City policies should cover the "official" city account, employee use of social media inside and outside of work, and elected official use of social media. The extent to which a jurisdiction or individual uses social media varies. Before engaging you should assess your risk tolerance and make sure certain laws — such as the Public Records Act and Open Public Meetings Act — are followed. A few clarifying definitions... Social media can include websites and applications that enable users to create and share content or to participate in social networking. A social plafform is a web -based technology that enables the development, deployment and management of social media solutions and services. A third -party system is any system maintained by another entity. This could include Twitter, Facebook, Wordpress, Google, phone carriers, and more. Know when social media is a public record A recent court decision (Nissen v. Pierce County) case outlined a test for when a document on a third -party system is created within the "scope of employment" and is a public record. Scope of employment may include elected officials acting within their capacity as a mayor or councilmember. This includes when an employee or elected official is: • Required by the job duties or • Directed by the employer or • In furtherance of the employer's interests Retention of documents, including social media, is based on the content and not the plafform. City policy should consider retention and adopt a process outlining responsibilities. Make a clear distinction between official accounts, campaign accounts, and personal accounts One way elected officials and staff can clearly distinguish private social media accounts is by adding disclaimers on election and personal accounts, and not using the account for city business. City -sponsored accounts may not be used for campaign -related purposes. To keep a personal account from becoming subject to public records, consider some basic precautions. Do: • Post a disclaimer on your personal account that identifies the account purpose and that the opinions you express are your own. • Limit the account content to personal use. • Understand and use privacy settings to manage the account. • Have a plan in place to respond to or forward city -related comments to the city, including how the record is retained. Don't: • Don't write posts on personal accounts that would fit within the scope of employment. • Don't discuss your private accounts in public meetings or documents. • Don't link to your private accounts from an official city account. • Don't use city devices to maintain your private account. First amendment and employment rights City policies should strike an appropriate balance between privacy, liability, and public records concerns. Employees have first amendment and employment rights that need to be balanced against impacts to the image and liability of the city. City policies should provide clear guidance on use of official accounts and advice for keeping clear distinctions between official and personal accounts. (See precautions noted above.) Develop and follow your city policy City councfl policies should address situations that apply to council members and their uniue needs. Specifically, council policies should address open public meetings imnp|ications, the intersection with campaign rules, impacts on council decision processes, and public records and retention issues. • Evaluate how the elected official and city will respond if an elected official's personal account receives a complaint or public records request. • Establish a process to follow if an elected official receives a city -related question or comment on their personal account. Outline how the question or comment wifl be addressed, and how the record will be retained. • Limit 'fr|mnding''mr''|ik|ng" by elected officials or board members subject to the Open Public Meetings Act. WhiIe court guidance is evolving, elected officials need to avoid inadvertent serial meetings that would violate the notice and public meeting requirements. Courts have found those to occur when a chain of conversations involving "action" by a quorum of the council occurs. Passive receipt of information is generaily not considered to be action. • Council may consider adopting rules that outline usage and etiquette, including use both inside and outside of meetings. 9 Establish proceduresfmrapprovo|ofofficia|oitv social media use that considers retention when the accounts are created. � Establish an approval process before a city account is created. • Define who is allowed to post. • Outline processes related to disclosure of paeavvonda, regular password ohongeo, and security. • Know how access will be provided if requested as part of a public records request. o Research your third -party vendor's retention policy and consider investing in retention software. Consider limiting posts to "secondary copies" of documents that are already available on a platform that is more easily retained, such as the website. Consider non -city accounts or websites your city may or may not link to. Some cities avoid linking to accounts or websites they do not control. � Address when and how accounts could be subject to search for public rmoonje, and require employees to cooperate in searches and providing affidavits. � Prohibit activities that would be prohibited in other contexts such as: use of public resources for campaign activities; defamatory, discriminatory, or obscene Ianguage; violations of intellectual property rights; disclosure of confidential or HIPAA protected healthcare information. For more information MRSC information and sample polices: nnrmoorm/Ho |ore'To icm/K0onagenlenV|nfornlaUon- Tmchnn|ogv/Socio|'yNmdia.00 ah State Archives: www.eos.wm.n logs-Twittor-and'Manmg|ng-Publ|c- Reconde-Nuv-2013.POF Association of Washington Cities 11076 Franklin St SE, Olympia, WA 98501 1 awcnet.org 1 360.753.4137 CITY OF Yakima ADMINISTRATIVE POLICIES PURPOSE 10 REISSUED POLICY NUMBER: 2-700 FORMER POLICY NUMBER: ADM 2000 DEPARTMENT: Community Relations AUTHORIZED BY: City Manager SUPERSEDES: 06/16/2010 REISSUE DATE: 9/1/2014 POLICY: SOCIAL MEDIA The City encourages the use of social media, where appropriate, to further the goals of the City and the missions of its departments, divisions, offices, etc. The City of Yakima has an overriding interest and expectation in deciding what is "spoken" on behalf of the City through social media. This policy establishes guidelines for the use of social media by City depa,tnnentn, divioionm, offices, etc. POLICY SUMMARY City of Yakima departments, divisions, offices, etc. may utilize existing and emerging social media tools to provide information to and interact with the public. Social media is broadly defined as internet-based communications technology that provides immediacy, interactivity, and the sharing of information across multiple platforms. SCOPE AND APPLICABILITY This policy applies to all personnel representing interests of the City via the use of Social Media. POLICY AND PROCEDURES 1. Use of any and all social media by City of Yakima departments, divisions, offices, etc. must receive prior approval from the City's Communications & Public Affairs Director and will be subject to review by the City Manager. 2. The City of Yakima's website (www.yakimawa.gov) will remain the City's primary and predominant internet presence. 3. The best, most appropriate City of Yakima uses of social media tools fall generally into two categories: �~ As channels for disseminating time -sensitive information as quickly as possible 11 A As communications/outreach tools which increase the City's ability to provide messages to the widest possible audience. 4. Unless otherwise approved by the Communications & Public Affairs Director, content posted to official City of Yakima social media sites will first be posted on the City's official website(s). 5. Whenever possible, content posted to official City of Yakima social media sites should contain links directing users back to the City's official website(s) for in-depth infnnnaUon, forms, documents, or online services necessary to conduct business with the City of Yakima. 6. Desinated department, division, office, etcstaff will be responsible for the content and upkeep of any official social media sites their department, divioinn, nffion, etc. may create. All postings and comments made to official City social media sites will be approved by the Communications & Public Affairs Director or other assigned managerial staff. 7. Desinated City staff will read and understand this policy and have a sined copy of this policy on file. 8. Social media sites currently approved for use by City departments, divisions, offices, etc. • Twitter • Facebook • YouTube 9. Any additional social media sites proposed for City use must be approved by the City's Communications & Public Affairs Director prior to activation. 10. Use of official City of Yakima sociai media sites shali compiy with the City of Yakima Charter, the Yakima Municipal Code, and all applicable policies, rules, and regulations of the City of Yakima. 11. Official City of Yakima social media sites are subject to State of Washington public records laws. Any content maintained in a social media format that is related to City buaineen, including a list of subscribers and posted communication, is a public record. The department, division, oMioe, etc. maintaining the site is responsible for responding completely and accurately to any public records request related to the City's use of social nnedim. Content related to City business shall be maintained in an accessible format so that it can be produced in response to a request and shall be retained for a period not less than required by the Local Government Common Records Retention Schedule (CORE). Whenever possible, such sites shall clearly indicate that any content posted or submitted for posting is subject to public disclosure. Users shall be notified that public disclosure requests must be directed to the City's Public Disclosure Officer. 12. Washington State law and relevant City of Yakima records retention schedules apply to social media formats and social media content. The department, divinion, offioe, etc. maintaining a site shall preserve records required to be maintained pursuant to a relevant records retention schedule for the required retention period on a City server in a format that preserves the integrity of the original record and is easily accessible. 13. Official City of Yakima social media sites shall include notification to site users/visitors that the following content will not be allowed on the site: 12 • Content not topically related to a particular social media thread • Content in support or opposition to political campaigns of any kind • Profane Ianguage and/or content • Content and/or language that promotes, fosters, or perpetuates discrimination of any kind • Sexual content or Iinks to sexual content • Solicitations of commerce • Conduct or encouragement of iliegal activity • Information that may tend to compromise the safety and/or security of the public and/or public systems • Content that violates a legal ownership interest of any other party = Vulgar, offensive, or threatening Ianguage and/or content • Libelous and/or slanderous content • Content that is confidential or may otherwise violate privacy rghts Any content removed based on these restrictions must be retained, including the time and date of the posting and the identity of the poster (if available). 14. The City of Yakima reserves the right to restrict and/or remove any content posted to official City of Yakima social media sites that it deems to be in violation of this Social Media Policy or other applicable |avv, rule, or regulation. 15. City employees and/or elected officials are prohibited from disclosing any information via social media posts that may be confidential or may otherwise compromise the City. 16. OnIy official City social media sites may be used by City employees and/or elected officials to conduct official City business. 17. City employees and/or elected officials are discouraged from using personal equipment and/or personal accounts to post information to official City social media sites. City employees and/or elected officials are similarly discouraged from using personal equipment and/or personal accounts to post information regarding official City business on other social media sites. All social media site posts by City employees and/or elected officials regarding official City business are subject to Washington State public disclosure laws, open meetings laws, and all other applicable |ovvo, ru|en, and regulations. 18. Personal and/or private use of City equipment and/or facilities by City employees, elected officials, or others to access social media sites is prohibited. 19. This polimay be amended as necessary by approval of the City Manager. 20. This policy applies to all City of Yakima deparUnents, divisione, nffioes, etc. and employees. DEFINITIONS Social media is broadly defined as internet-based communications technology that provides immndiooy, intenaotivih/, and the sharing of information across multiple platforms. ATTACHMENTS Attachment A Tips for Using Social Media Sites 13 14 OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 98901 Phone (509) 575-6037 • Fax (509) 576-6614 MEMORANDUM TO: The Honorable Mayor and Members of the City Council Cliff Moore, City Manager FROM: Sonya Claar Tee, City Clerk DATE: July 25, 2017 SUBJECT: Audience participation at Council meetings I attended the Washington Municipal Clerk's Association spring conference and spoke with other jurisdictions, as well as Ann Macfarlane, about policies for audience participation. As you know, audience comments are not required at any type of Council meeting unless it is a public hearing. Several cities with a great deal of audience participation have the following guidelines and, as you can see from the attached draft, only minor changes to the City's current procedure would be needed to bring it in line with policies of other jurisdictions. • Comments are only allowed during Audience Participation and not on each individual agenda item unless it is a public hearing. This allows community members to comment on an agenda item near the beginning of a meeting instead of waiting until the end. • The time allowed shall not exceed thirty minutes (the current policy states after 30 minutes if additional time is needed for "Audience Participation," it may be provided after the City Council has finished all of its regular agenda items). • Speakers will be allowed to speak for three minutes, or two minutes if there is a large agenda or multiple speakers, at the Mayor's discretion. A spokesperson for a group is allowed five minutes, with the group assembled behind the speaker. Those in the group will not be allowed to speak on the same topic (this is already in the guidelines). • Audience slips will include a box to check indicating support or opposition to the item they are speaking about (this will provide clarity in the minutes.) • Due to free speech issues, I suggest changing paragraph 4 to "participants are strongly encouraged to aid the Council in maintaining the decorum and orderly progression of the Council agenda. Engaging in shouting, use of profanity or slurs against others, disruptive noise, or comments that are off -topic detract from the ability of the Council to conduct business." • Councilmembers will listen to your concerns and may ask staff to research and report back on the issue. Thank you for your consideration. 15 NAME: *ADDRESS: REQUEST FOR APPEARANCE BEFORE CITY COUNCIL ( PLEASE PRINT ) SUBJECT / AGENDA ITEM NUMBER(S): In support: In opposition: Please complete this form for the record and submit it to the City Clerk prior to addressing the City Council. Guidelines for addressing the City Council on are the reverse side of this form. Thank you for your comments. *Please provide your home address on this form. When addressing the City Council, state your name and whether you live inside or outside the City limits. Speakers may be provided 3 minutes each to address the Council; written communication is also encouraged. Also, please note that the Council meeting is being televised on Y -PAC, cable channel 19422. FS/Word/Council/Forms 16 ADDRESSING THE CITY COUNCIL The City Council welcomes input from citizens community members both during "Audience Participation" and during discussion of regular agenda items. So that everyone who wants to address the City Council has the opportunity to do so, you are asked to follow a few simple guidelines. 1. Please fill out this "Request for Appearance" form and hand it to the City Clerk before you address the City Council. 2. Comments are to be no longer than 3 minutes or no more than 2 minutes if there is a large agenda or multiple speakers. *If you are part of a group, please select a "spokesperson" to represent your group and assemble behind the "spokesperson". An identified "spokesperson" will be allowed up to five 5 minutes to represent your group. Other members of the group can then simply come forward, state her or his name, and say that they support what was said by the "spokesperson." 3. Up to 30 minutes will be provided for "Audience Participation" near the start of each City Council meeting. Audience Participation provides the opportunity for anyone to address the council on a subject not listed on the regular agenda. If additional time is needed for "Audience Participation," it may be provided after the City Council has finished all of its regular agenda items. Councilmembers will listen to your concerns and may ask staff to research and report back on the issue. 4. permitted. Also, applause or other displays of approval or disapproval are inappropriate and are not permitted during Council meetings. Participants are strongly encouraged to aid the Council in maintaining the decorum and orderly progression of the Council agenda. Engaging in shouting, use of profanity or slurs against others, disruptive noise, or comments that are off -topic detract from the ability of the Council to conduct business. 5. The City Council is a policy making body. Therefore, members cannot take action or investigate employee issues. Employee matters are the sole responsibility of the City Manager. If you have a complaint about City staff, please contact the City Manager prior to a Council meeting. *Note: You are also encouraged to submit comments to the City Council by mail, e-mail or in ways other than addressing the Council in person at a Council meeting. Be advised that Yakima City Council meetings are televised on Y PAC, cable channel 19/1. All comments made to trio City Council will be seen on TV. 17 ADDRESSING THE CITY COUNCIL The City Council welcomes input from community members during "Audience Participation" So that everyone who wants to address the City Council has the opportunity to do so, you are asked to follow a few simple guidelines. 1 Please fill out this "Request for Appearance" form and hand it to the City Clerk before you address the City Council. 2. Comments are to be no longer than 3 minutes or no more than 2 minutes if there is a large agenda or multiple speakers. *If you are part of a group, please select a "spokesperson" to represent your group and assemble behind the "spokesperson". An identified "spokesperson" will be allowed up to 5 minutes to represent your group. 3. Up to 30 minutes will be provided for "Audience Participation" near the start of each City Council meeting. Councilmembers will listen to your concerns and may ask staff to research and report back on the issue. 4. Participants are strongly encouraged to aid the Council in maintaining the decorum and orderly progression of the Council agenda. Engaging in shouting, use of profanity or slurs against others, disruptive noise, or comments that are off -topic detract from the ability of the Council to conduct business. 5. The City Council is a policy making body. Therefore, members cannot take action or investigate employee issues. Employee matters are the sole responsibility of the City Manager. If you have a complaint about City staff, please contact the City Manager prior to a Council meeting. *Note: You are also encouraged to submit comments to the City Council by mail, e-mail or in ways other than addressing the Council in person at a Council meeting. Orderly Public Comment Orderly Public Comment The following guidelines establish structure and clear expectations for outside comment by nonmembers, members of the public and others. Note that different guidelines apply to public hearings, which have the sole purpose of gathering public input, and to quasi-judicial hearings. Time considerations Establish one or two specific periods for public comment during your meetings, in a way that is consistent with your community's expectations and customs. Set a length of time by which each period will conclude, unless the council votes to extend it. It is also important to set a time limit for each individual to speak. Written guidelines Provide printed copies of the guidelines and expectations for all who Everything has been said, enter the council chamber. Review the guidelines at the beginning of but not everyone has had each comment period if necessary, and explain that this is a time for a chance to say it. citizens or residents to express their views in order to inform the council. During public comment Require all speakers to address their remarks to the presider. This is not a discussion period. The presider should thank each speaker, whether positive or negative. Authorize the presider to provide brief factual information, if judged appropriate, in response to public comments, or to ask the staff to provide such information. The presider must not under any circumstances enter into back -and -forth exchanges with the public. Council members refrain from speaking during this portion of the meeting. When feasible, have staff ready to note input or questions from the public and to provide responses at a later date. Behavioral expectations Model courtesy and respect and require members of the public to do the same. (Use titles and honorifics—sir, ma'am, Miss Smith, Mr. Jones.) Personal attacks, insults or profanity are not allowed. Booing, hissing, cheering, clapping are not allowed. Carl Albert 99 18 Mastering Council Meetings During public comment, the presider should correct members of the public who fail to observe the guidelines. If the presider does not do this, a council member should raise a point of order. It is important for presider and members to speak in a firm, matter-of-fact manner, but not to sound overly harsh or critical. If members of the public become abusive, disruptive or violent, the presider has the authority to order them from the room. Good government obtains when those who are near are made happy and those who are far off are attracted. Confucius 100 Other suggestions Provide clearly marked paper inviting individuals who are not heard during the public comment period due to time constraints to provide written comment for the council. Do not invite or allow public comment or questions during council discussion of its own agenda items. Be consistent in enforcing all the rules that are established. Recognize that a governmental body must craft its requirements with care in order not to unduly limit free speech by citizens, and obtain legal review of your guidelines. 19 MRSC - Public Participation in Council/Commission Meetings Page 1 of 3 20 MRSC Local Govemment Success Public Participation in Council/Commission Meetings Introduction The public evaluates the performance of its elected officials to a great extent by what happens at meetings. Many citizens form their total opinions of the city government on the basis of having attended just one council meeting. This is the time to impress citizens favorably, and show them that the council is capable of doing its job. The "citizen participation" period is a time slot typically set aside on the agenda for citizens to address the council on any subject. It is not to be confused with a public hearing, which is a formal proceeding conducted for the purpose of discussing a specific topic, such as the city budget or a proposed rezoning. The Open Public Meetings Act does not require that citizens be allowed to participate and speak at council meetings (other than public hearings). That Act merely specifies that the public has a right to attend council meetings, except for executive sessions. It is up to the council to determine in their rules of procedure if and for how long citizens will be allowed to speak at council meetings. Of course, most city councils do have a portion of the meeting set aside for citizen discussion and comment. However, even in that portion of the meeting, the citizens may be limited in the topics they are allowed to discuss and also limited as to how long they are allowed to talk. Remember the purpose of the council meeting is to conduct the city's business, it is not a public forum. Limiting public comment time in the meeting is not a violation of the first amendment. Local practices vary considerably with respect to reserving a place on the agenda for citizen participation. Many councils put this item toward the top of the agenda, so that citizens can make an appearance early in the meeting and then go about their business. Other councils reserve a place for citizen presentations at the very end of the agenda, while others make no provision at all. The presiding officer should inform visitors of the place on the agenda where they will be recognized to speak. If an exceptionally controversial item draws a large crowd, it is generally wise to state the approximate time the item will come up for discussion. Moving the Agenda Along To move the agenda along, some councils limit the length of time any one citizen may speak from three to five minutes, and permit this to be extended only by a two-thirds vote of the council. Don't allow verbal exchanges to drag on between citizens and councilmembers, especially if they concern administrative problems that can be solved by the staff during regular city hall hours. Also, if speakers take too much time or engage in personal attacks on councilmembers, it may be necessary for the mayor to cut them short. Councilmembers are expected to be polite to citizens appearing before them, but there is no requirement that they subject themselves to intimidation by rude speakers. Dealing with Critics and Pressure Groups http://mrsc.org/Home/Explore-Topics/Governance/Citizen-Participation-and-Engagement/... 7/20/2017 MRSC - Public Participation in Council/Commission Meetings Page 2 of 3 21 Criticism of government and a lack of confidence in our country's elected leaders is rampant these days, even at the local level. External conflict, while stressful, can help to frame issues and provide other perspectives. Most important, it often shows that people feel left out, alienated from the governing body. Providing a fair hearing of issues at council meetings assures that the needs of pressure groups are appropriately balanced with the organization's mission and the greater needs of the community. How the governing body reacts will determine whether the conflict is contained or spills over to other issues.& How to Deal with Criticism • The governing body should listen actively to its critics - listen to learn and understand, not to argue, dispute or to silence those critics. Attempt to find some area of agreement by sorting out the issues into those that can be dealt with and those that are outside the scope of authority or the range of possibility to be resolved. • The council's spokesperson should express regret that the problem has arisen. It is helpful to state that you understand how the person or group feels. Perhaps you might even restate their concerns. If you feel personally attacked, it is OK to say that you feel hurt by the comments. • At some point, the council's action must be defended. Try to help people understand the factors that influenced the council, or discuss the parameters that will influence an impending decision which is under attack. • When attacked, think carefully before responding. Know your facts. Be truthful. Credibility is your most important asset in dealing with your critics. • Don't belittle small but vocal sources of opposition. Don't label people. • Remember that groups which are fostering a narrow self interest will self-destruct through an inability to gain mainstream support. Don't overreact. • Keep in mind that anger is directed at your role, not at you as an individual. Last but not least, while remaining respectful, keep a sense of humor. Managing Difficult Meetings From time to time, elected bodies are faced with conducting highly charged, controversial meetings, full of aggression and hostility. Such meetings really test the elected body and staff. Here are some ideas on handling those difficult meetings: Before the Meeting • Try to get the participants to designate a spokesperson. • Make agendas and back-up reports easily available to participants. • Make sure adequate seating is available. Consider moving to larger quarters if necessary. • Make sure sound and recording equipment is adequate and operational. During the Meeting • Explain the issues, the possible actions and the procedures that will be followed at the meeting. • Don't waste time or try the patience of participants at the beginning of the meeting on routine items such as correcting the minutes. • Have speakers address the elected body and not the audience. Some speakers are very adept at inciting audiences, especially if they are permitted to face the audience. http://mrsc.org/Home/Explore-Topics/Governance/Citizen-Participation-and-Engagement/... 7/20/2017 MRSC - Public Participation in Council/Commission Meetings Page 3 of 3 22 • Explain at the beginning why clapping, shouting and other such demonstrations are counterproductive and stop such actions as soon as they occur. • Use recesses to help diffuse hostility or aggressiveness. • Consider limiting speakers to a set time such as three to five minutes. If such a procedure is used, make sure it's applied consistently. • Consider using speaker cards that are filled out and turned in at the beginning of the meeting. The cards can help identify how many people wish to speak and whether they support or contest an issue. They are also invaluable in recording the names and addresses of speakers. Recognize, however, that persons not wishing to fill out a card may still have the legal right to speak. • Make sure elected members address colleagues and not the audience. Directly addressing the audience can result in loss of control of the meeting. • Immediately continue items that cannot be decided at the meeting. This does not preclude the elected body from allowing anyone who wishes to speak on the issue to do so. Conclusion There is considerable latitude afforded to local governments in establishing rules for the conduct of public meetings. A city or town may develop a comprehensive set of rules governing council procedures to suit its individual needs or it may adopt by reference formalized rules such as Robert's Rules of Order. Rules adopted by a local government will be valid as long as they do not infringe upon constitutional rights or conflict with state law. These liberties do not extend to all aspects of public meetings, however. The so-called "sunshine laws" requiring that the public have access to nearly all mechanisms of government have a significant impact on the conduct of public meetings and other council proceedings. Last Modified: January 08, 2016 © 2015 MRSC of Washington. All rights reserved. Privacy & Terms. http://mrsc.org/Home/Explore-Topics/Governance/Citizen-Participation-and-Engagement/... 7/20/2017 23 MEMORANDUM To: All Department Directors All Division Managers All Administrative Support Staff From: Cliff Moore, City Manager Date: July 5, 2017 RE: Fiscal Year 2018 Budget Guidelines The purpose of these instructions is to communicate the process we will be using to develop the FY 2018 budget. We will be considering key strategies, priorities, and objectives with the overall goal of allocating resources to meet the following strategic priorities of the City Council: ✓ Economic Development ✓ Public Safety ✓ Neighborhood and Community Building ✓ Public Trust and Accountability ✓ Partnership Development The following key principles will be observed as we prepare the City's FY 2018 budget and a new five-year financial plan. • The City must adopt a balanced budget that is fiscally prudent and sustainable. This may require departments to change the method of service delivery, change the current service levels, or discontinue certain services in order to live within available resources. • Department goals should align with the City Council's five strategic priorities. • Departments prepare concise business plans that describe how goals, objectives, and key intended outcomes will advance the City's five strategic priorities and the citizen survey. In summary, identify outcomes to be achieved with proposed resource requests. • Identify key performance measures to evaluate the effectiveness and efficiencies of meeting the strategic priorities and key intended outcomes. • Identify programs or services that can be subject to "managed competition" or alternative service delivery options. 24 • Identify capital investments for projects, facilities and equipment that will optimize city infrastructure, services, and operational efficiencies. Include maintenance and operating costs in your capital requests. • Assume no base compensation increases unless negotiated in current collective bargaining agreements. Budget all scheduled performance-based merit increases. • New or reclassified positions will be considered on an extremely limited basis. • Unrestricted reserve funds shall only be used for one-time capital costs. Maintain flat or moderate maintenance and operating expense adjustments. • Training costs should be based on specific training needs identified in each department's business plan. Use training to enhance employee productivity and performance. To save travel expenses, identify training that can be brought "in house", maximizing the use of the City's training facility. • Identify significant programs and operational changes separately as a policy proposal to meet strategic priorities. Significant operation program changes include: o Major service reductions or expansions; o Any increase or decrease in staffing levels; o Significant one-time costs; o Significant ongoing cost increase to maintain existing services or changes in the method of service delivery; o Changes in operations that will significantly affect customer service — either external or internal to the organization; and o Proposed fee increases or new revenue sources. o As possible, any proposal for additional budget authority for staff or programs should come with proposed reductions in other areas. 2018 comes with special challenges in that we must rebuild the General Government fund balances as well as our benefit and insurance reserves. Additional assessments will be made to divisional budgets mid -year 2017 for medical and risk management. Although conservative and careful management of resources will help to alleviate the potential need for extra budget reductions in the remainder of 2017 and/or in 2018, we are not ruling out modest budget reductions Finance will be submitting more detailed instructions for budget development under separate cover including a schedule of the budget timeline and due dates. 25 2018 Budget Process Timeline and Deadlines July 5 Distribution of City Manager's Budget Guidelines — Available in Shared Budget Folder Finance emails to all Senior Staff, Division Managers and Department Assistants. July 10 Distribution of Finance Director's Budget Process and Budget Spreadsheet Instructions Distributed to all Senior Staff, Division Managers and Department Assistants by Finance. Saved in shared budget folder. July 10 New Policy Issue Request Template available in Shared Budget Folder Open and save a document for all potential 2018 Policy Issue Requests in order to develop a working list. Only brief summary now. Details can be provided later. July 10 2017 Payroll Budget Reports available in Shared Budget Folder Positions and Funding, Budget Distribution & Budget Distribution by Position July 11 2018 Payroll Budget Staffing Worksheets available in Shared Budget Folder Divisions should print their section and begin working on 2018 staffing changes. July 12 2018 Senior Staff Discuss 2018 Staffing Worksheets Discuss at Senior Staff — Staffing due July 19. Divisions print their section and make changes. If no changes, please print & submit "no changes" to Finance July 21 Completed 2018 Staffing Worksheets are submitted to Finance Finance inputs staffing adjustments to Payroll Budget System by 7/21 July 19 Budget Training Session at Senior Staff meeting Discussion and training covering the entire budget process including Payroll Budgeting, Excel Budget sheets and Policy Issue requests. July 24 Year -End Estimates Completed including salaries and capital outlay for 2017 Divisions have entered year end estimates into budget worksheets. Finance prepares summary year end estimate report with Fund Balance estimate July 31 Excel budget sheets are completed for 2018 All budget data has been input to Excel sheets July 31 Policy Issue Requests are completed Requests to be included in the 2018 Preliminary Budget and those that can be postponed are noted as "future". Cost of request as well as any costs related to postponement must be estimated and provided in the document. Aug 1-9 Budget Meetings with Finance for complex budgets or as requested Please request a meeting if you exceeded your adopted 2017 budget or if you have a complex budget such as Police, Fire, Parks, Streets Aug 9 & 16 Administrative Budget Review with Senior Staff Review Policy Issue Requests, budgeted and unbudgeted, and other areas of concern. Aug 30 Preliminary Budget Freeze reviewed by Senior Staff Finance prepares initial Budget based on 2017 Year End estimates and 2018 data that has been submitted including Policy Issue requests. Budget Guidelines —1 26 Sep 1- 13 Administrative Budget Reviews and Adjustments Budget review meetings are held as necessary with City Manager and Finance to make necessary adjustments and decide Policy Issue Requests. Sep 20 2018 Preliminary Budget is completed and presented to Senior Staff Preliminary Budget is completed with optimal Fund Balance result Optional Policy Issue Requests are finalized to show FB impact Minimum FB impact is zero or better (i.e. Expenditures not allowed above reasonable revenue projection) Sep 30 Budget Narratives are developed and first draft is due to Finance Each department/division will prepare their budget narratives including statistical data for inclusion in the Adopted Budget document. Updates will be allowed for last minute changes due to public or Council input. Oct 10 General Government presentations to Council City Administration Community Development (Planning, Codes, LIFT, etc.) Human Resources including Benefit funds Legal, Risk Management, Finance, Debt, REET 1&2 Public Works (Engineering, Arterial Streets, Streets, Parks, Cemetery, Admin) Oct 12 General Government presentations to Council Police Fire and Emergency Preparedness Public Safety Communications (911 and Dispatch) Oct 17 Proprietary Funds presentations to Council Public Works (Equipment Rental, Refuse, Transit) Wastewater/Stormwater Water/Irrigation Airport Oct 19 Extra Council Budget Review session if required Nov 1 Publish Preliminary 2018 Budget online (with Clerk) as required by RCW Finance adjusts Preliminary budget as necessary and publishes online. Nov 7 Public Hearing on Ad Valorem (Property) Tax Council takes action on 1% increase and total requested property tax for 2018 Nov 21 Public Budget Hearings The first of two required public hearings on the Budget Dec 5 Final Council Budget Review Meeting Finance prepares final summary of changes from the Preliminary posted budget. Dec 12 Council Passes Ordinance Adopting the 2018 Budget This can be done Dec 5 or Dec 12 Dec 15 Final Budget Narratives including all Policy Issues and all statistical data are due! Final narratives, approved/budgeted Policy Issues and statistics are finalized. Jan 8 Publish 2018 Adopted Budget online 2 — Budget Guidelines TO: 27 MEMORANDUM Honorable Mayor Coffey and Members of the City Council Cliff Moore, City Manager FROM: Jeff Cutter, City Attorney DATE: July 18, 2017 SUBJ: Appeal re YNHS Roy's Market Application On June 7, 2017 a member of the public filed a timely appeal of the Hearing Examiner's decision approving Yakima Neighborhood Health Services' land use application to construct a multi -family dwelling with accessory deli and Laundromat services at the Roy's Market site. As provided in the Yakima Municipal Code, an appeal of a Hearing Examiner's decision is heard by the Yakima City Council during a closed record public hearing. The purpose of this Memorandum is to alert you to the nature of quasi-judicial hearings, of your roll in the appeal hearing process, and of the requirement that all ex parte communication on any issues concerning the appeal hearing with any parties or participants of the appeal be avoided whenever possible, and that if any such conversation has occurred or does occur, that full disclosure of any such ex parte communication be made on the record prior to the initiation of the hearing, or as soon as a Council Member becomes aware that someone he or she spoke with outside of the actual hearing about an issue regarding the appeal is involved in the appeal process. Closed Record Public Hearing: During a closed record public hearing City Council Members have the opportunity to review the entire record of the prior proceedings, together with testimony and documentation that was assembled during the Hearing Examiner's consideration of the proposal at issue. Because typically matters that are appealed have been subject to extensive consideration leading up to an initial determination prior to an appeal, it is critical that the Council take the opportunity to carefully review the documented record prior to the appeal hearing. In addition to reviewing the existing record, the City Council will also have the opportunity to hear argument from individuals that choose to speak during the closed record hearing. The important limiting factor, with respect to argument and/or documentation that individuals may attempt to present during the closed record hearing before the Council, is that no new evidence may be submitted during a closed record hearing, nor may any new evidence be considered by Council during the closed record hearing that was not already made a part of the record during the previous open record public hearing held by the Hearing Examiner. 1 28 The closed record public hearing is specifically limited, by the rules of appellate procedure, to the record that was created during the open record hearing conducted by the Hearing Examiner. As tempting as it might be to further develop the existing record during a closed record appeal hearing, Council members must be very careful not to allow testimony or documentary information to be submitted or ultimately considered if it has not already been made a part of the record during the open record hearing. To do so allows the offering party an opportunity to essentially present further material or testimony that the opposing party would not have a fair opportunity to respond to at the first hearing. Beyond the fairness issue, and more important to the outcome of the hearing, the failure to strictly limit the closed record hearing solely to the facts previously presented during the open record hearing violates the rules of the appeal process and puts the outcome of the appeal in jeopardy of reversal. In light of the fact that this appeal may be attended by a large number of residents it may be an appropriate consideration of the Mayor to suggest that if a number of interested persons have already testified on a particular issue during the open record hearing, that if they desire to reiterate any of that testimony during the closed record hearing perhaps they could choose a "spokesperson" to provide the argument on their behalf, to avoid numerous iterations of the same information that is already of record. Because this is an evidentiary hearing, those providing argument should not be strictly limited to three minutes. However, if speakers begin repeating themselves or reiterating what other residents have already said, the Mayor can request that the speaker wrap up their argument. Council As Quasi -Judicial Decision Makers: The Council's role, during this closed record public hearing, will be that of a quasi-judicial panel acting as "judges" who will ultimately render a decision resolving the issue(s) being appealed. This important role carries with it certain specific qualifications and requirements that several members of the Council have been exposed to previously, but that nevertheless bear repeating. This Memorandum is offered to provide you with some guidance for your consideration as you prepare to hear the appeal during this quasi-judicial process. When acting in a quasi-judicial role, Council Members' ability to speak directly with parties to the issue under consideration prior to the hearing, or with persons who may wish to speak in the proceeding prior to the actual hearing, is restricted and conditioned by state statute (RCW 42.36.060). According to the statute, during the pendency of any quasi-judicial proceeding no council member should engage in any ex parte communications (communications outside of the actual hearing of the appeal matter) with opponents or proponents of the issue subject to appeal (including, but not limited to, all persons who signed onto the appeal in the present case). If, despite all appropriate precautions, a Council member nevertheless takes part in an ex parte communication, the Council member should: 2 29 (a) Place on the record, during the appeal hearing, the substance of any written or oral ex parte communications concerning the decision making process or issue before the Council; and (b) Provide that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be stated at each hearing where action is considered or taken on the subject to which the communication related. This prohibition does not preclude a Council member from seeking specific information or data from anyone speaking at the public hearing, so long as the entire dialog is made on and is part of the record created during the hearing. The prohibition does not preclude correspondence between a resident / party and his or her elected official if any such correspondence is made a part of the record when it pertains to the subject matter of the quasi- judicial proceeding. It is also not appropriate to make special efforts to personally review the proposed development site in an effort to gain additional knowledge of the setting. If, following the appeal hearing, the Council wishes to deliberate privately the Council may adjourn, with its attorney, to an executive session to conduct deliberations (RCW 42.30.140(2)). In accordance with YMC 15.16.060(F), the Council must render its decision at the time the public hearing is held. If the Council ultimately chooses to act on provision 3 or provision 4, listed below, then the Council must identify specific Findings of Fact and Conclusions to support the modification or reversal of the Hearing Examiner's decision. Following deliberations the Council would then return to the Council Chambers to report any additional Findings and Conclusions, if applicable, and to vote on its ultimate decision. During the final decision -rendering portion of the appeal hearing the Council will have the opportunity to: 1. affirm and adopt the hearing examiner's decision; or 2. remand the issue back to the hearing examiner with instructions; or 3. modify the hearing examiner's decision with written findings and conclusions; or 4. reverse the hearing examiner's decision with written findings and conclusions. 3 PRIORITY: Economic Development Staff Rep: 1 Kathy Coffey (Chair) 2 Avina Gutierrez 3 Holly Cousens PRIORITY: Neighborhood & Community Building Alt. Maureen Adkison 4th Thursday at 1:30 p.m. Committee Assignments N. 1st Street oversight Downtown Mill site oversight Airport Board Appointed Yakima Valley Tourism - Adkison YCDA/New Vision - A. Gutierrez SIED Board - Coffey Westside Merchants - Cousens Chamber of Commerce - Coffey Public Facilities District - Coffey Planning Commission - A. Gutierrez Lodging Tax Advisory Committee - Coffey Capitol Theatre Board - Adkison Sports Commission - Cousens Hotel / Motel Commission - Coffey Front Street Assn - A. Gutierrez Staff Rep: Joan 1 Dulce Gutierrez (Chair) 2 Carmen Mendez 3 Avina Gutierrez PRIORITY: Public Safety Alt. Holly Cousens 3rd Thursday at 2:00 p.m. Committee Assignments Transportation Neighborhood Development Board Appointed Homeless Network - Mendez Parks & Recreation Commission - D. Gutierrez Southeast Community Center - A. Gutierrez Ethics and Equal Rights - A. Gutierrez Community Integration - D. Gutierrez TRANS -Action - D. Gutierrez Bike / Ped - Mendez Historic Preservation - A. Gutierrez Staff Rep: 1 Carmen Mendez (Chair) 2 Kathy Coffey 3 Dulce Gutierrez PRIORITY: Partnerships Alt. Bill Lover 4th Thursday at 3:00 p.m. Committee Assignments Police/Fire Gang Free Initiative Board Appointed County Gang Commission - Mendez Yakima Valley EMS Board - Mendez YPAL Board - D. Gutierrez 911 Administration Board - Mendez Police & Fire Pension - Coffey Emergency Mgmt. - Yakima County EMS - Mendez Staff Rep: 1 Bill Lover (Chair) 2 Maureen Adkison 3 Holly Cousens PRIORITY: Inter County Alt. Avina Gutierrez Fri at 11:00 a.m. when needed Committee Assignments Legislative - Adkison Nominating -(A. Gutierrez for Adkison) Board Appointed Arts Commission - Adkison Harman Center Board - Adkison Yakima Regional Clean Air - Lover Yakima River Basin - Lover Fish & Wildlife Board - Cousens Greenway Board - Cousens Sister City - Adkison YVCOG - Adkison Board of Health - Adkison OIC Board - Adkison Solid Waste Advisory - Lover Yakama Nation - A. Gutierrez Staff Rep: 1 A. Gutierrez 2 Kathy Coffey 3 Carmen Mendez Alt. Holly Cousens TBD Committee Assignments Inter County relations CITY OF YAKIMA COUNCIL COMMITTEES (revised 10/3/16) Public Safety Committee 4th Thurs @ 3:00 pm * Televised Economic Development Committee 4th Thurs @ 1:30 pm * Televised Neighborhood & Community Building Committee 3rd Thurs @ 2:00 pm * Televised Partnership Committee 31 Chair: Mendez Coffey D. Gutierrez (Alt) Lover Chair: Coffey A. Gutierrez Cousens (Alt) Adkison Chair: D. Gutierrez Mendez A. Gutierrez (Alt) Cousens Fri @ 11:00 am (as needed) Chair: Lover * Televised Adkison Cousens (Alt) A. Gutierrez Inter County Committee TBD A. Gutierrez Coffey Mendez (Alt) Cousens Yakima City Council Appointees to Other Boards, Committees, Commissions, Task Forces, etc. Yakima County Gang Commission Bimonthly @ 2:00 p.m. Mendez Westside Merchants Committee As needed Cousens Front Street Committee 2nd Thur at 9:00 A. Gutierrez North Town Yakima Valley Tourism Bimonthly 4th Wed @ Noon Adkison Board of Directors Convention Center Public Facilities District (ex -officio member) Qtrly Last Thur. of month Coffey Convention Center Sports Commission Qtrly 4th Tuesday Cousens Varies Hotel/Motel Commission/TPA 3rd Tuesday of month Coffey Varies 1 Lodging Tax Advisory Committee Capitol Theatre Board As needed Coffey 4th Mon @ noon Capitol Theatre Adkison Harman Center Board 2nd Thurs @ 1:00 p.m. Adkison Harman Center Yakima Greenway Foundation 4th Mon @ noon Cousens Greenway Visitors Ctr. YCDA Board of Directors 2nd Thurs @ 5:30 pm A. Gutierrez YCDA/New Vision Supporting Investments in Quarterly Coffey Economic Diversification Board (SIED) New Vision Morelia Sister City Committee 1st Fri @ 8:00 am Adkison CED Conf. Room Yakima Police Athletic League 3rd Wed @ 12:00 pm D. Gutierrez PAL Center TRANS -Action 4th Wed @ 2:00 pm Coffey Yakima Valley Conference 3rd Mon @ 1:30 pm Adkison of Governments (YVCOG) YVCOG Office Executive Board Yakima Valley OIC 3rd Wed @ 12:00 pm Adkison Yakima Clean Air Agency Board Yakima County Board of Health Yakima County Solid Waste Advisory Committee Local Emergency Planning Committee (Directed by Congressional action in 1986) Yakima Basin Fish & Wildlife Recovery Board (Dave Brown is also on the board) 2nd Thur @ 1:30 pm Lover Council Chambers 4th Wed @ 8:30 Adkison As needed Lover As needed A. Gutierrez Varies Cousens 32 Yakima Basin Joint Board Varies Lover (Dave Brown is also on the board) Other Boards, Committees, Commissions, Task Forces, etc. City Council Appoints to Parks & Recreation Commission Yakima Planning Commission 2 2nd Wed @ 5:30 pm Liaison: D. Gutierrez Council Chambers 2nd & 4th Wed @ 3:00 pm Liaison: A. Gutierrez Council Chambers Historic Preservation Commission 4th Wed @ 5:30 pm Liaison: A. Gutierrez Council Chambers Arts Commission 3rd Wed @ 3:30 pm Liaison: Adkison 2nd Floor Conference Room Southeast Community Center (Jan., April, July, Oct.) Qtrly 4th Tue @ 12:00 pm Liaison: A. Gutierrez SE Community Center Bike/Ped Committee TBD Liaison: Mendez Ethics and Equal Rights Exploratory Committee TBD Liaison: A. Gutierrez Community Integration Exploratory Committee TBD Liaison: D. Gutierrez Filled by Mayor (or Mayor's Designee) Yakama Nation Community Annually A. Gutierrez Contribution Committee Greater Yakima Chamber of Commerce Board Quarterly Coffey Chamber of Commerce Fire Relief & Pension Board 2nd Mon @ 9:15 am Coffey (Elected official designee per RCW) Human Resources Board of Volunteer Firefighters As needed Coffey Board of Volunteer Police As needed Coffey Police Relief & Pension Board 2nd Mon @ 8:30 am Coffey (Elected official designee per RCW) Human Resources Yakima Valley Emergency Quarterly @ 9:00 am Mendez Medical Services Board EMS Office 911 Admin. Board Quarterly Mendez Yakima County EMS & Trauma Care Council Bimonthly @ 1:30 pm Mendez Varies State Boards, Committees, Commissions, etc. AWC Legislative Committee Adkison 3 City of Yakima 129 North 2nd Street Yakima, WA 98901 34 COUNCIL COMMITTEE PROCESS MANUAL Adopted June 14, 2016 35 COUNCIL COMMITTEE PROCESS MANUAL Table of Contents Topic Page Legislative Process 1 Council Committees Overview 2 Responsibilities and Expectations3 Council Committees Economic Development Committee ................................................... 5 Public Safety Committee . 5-6 Neighborhood & Community Building Committee ................................. 6-7 Partnership Committee................................................................... 7 36 1 - LEGISLATIVE PROCESS The first step in the legislative process is to determine whether the issue is policy - related or administrative. Administrative issues do not require Council action and are not necessary to bring forward to committee or study session. Following is a table that delineates some policy and administrative matters. Please consult the appropriate staff liaison or the City Manager's Office for assistance. (Refer to City Charter for description of Mayor, Assistant Mayor, and Council members' roles and responsibilities.) Policy vs. Administration POLICY ADMINISTRATIVE Enact a budget. Propose budget. Spend within budgetary limits. Define the powers, functions, and duties of officers and employees. Fill positions consistent with local ordinances, etc. Fix the compensation of officers and employees. Administer payroll consistent with budget and compensation plan adopted by Council. Establish retirement and pension systems. Administer pension and retirement plans. Adopt ordinances regulating local affairs. Implement and enforce ordinances. Set fines and penalties for violation of ordinances. Collect fines and enforce penalties. Enter into and approve contracts over the bid limit. Propose, manage, and enforce contracts. Enter into contracts and approve contracts up to bid limit. Regulate the acquisition, sale, ownership and other disposition of real property. Negotiate terms of acquisition and sale of real property; carry out acquisitions and sales. Decide which governmental services will be provided; adopt budgets for their provision. Oversee the day-to-day operation of programs and services. Establish public utilities. Manage provision of utility services. Grant franchises for the use of public rights -of- way. Enforce terms of franchise agreements. License for the purpose of revenue and regulation. Collect taxes and user fees. Set tax rates and user fees consistent with state laws. Collect taxes and user fees. Approve claims against the city above $50,000. Settle claims below $50,000; propose settlement of claims; pay claims. Enter into agreements to accept grants and gifts. Propose grant agreements and carry out terms. Page 1 37 2 - COUNCIL COMMITTEE OVERVIEW Council committees will consist of three members and an alternate. The Council shall select committee assignments every two years. Each committee elects a chair at the first meeting. The committees do not have power or authority to commit the City or to take any binding action on behalf of the whole Council. Committee reports and minutes are provided to the Council in Council agenda packets. Functions and Purpose of Council Committees: ❑ The Council Committees shall provide a link between the Council and City departments and other bodies responsible for the implementation of Council policies and plans. ❑ The Council Committees shall serve as the primary mechanism of communication and support between the Council and other bodies, and thus inform the Council of pertinent information related to the function of these other bodies. ❑ The Council Committees shall provide a means for monitoring the implementation of Council policies and plans, and for identifying needs for new policies. ❑ The Council Committees shall provide a structure for communication among City departments and for the integration of services across departments. ❑ Council Committees express their actions as recommendations to the Council as a whole. No activity of a Council Committee may serve to limit information reaching the Council in a timely way, or to substitute its judgment for the actions of the Council as a whole. ❑ When needed, Council Committees will review proposed ordinances and resolutions referred to them and make recommendations regarding their adoption to the City Council. ❑ Receive briefings from assigned citizen Committees, Boards and Commissions and ensure work plan alignment with that of City Council Strategic Goals and Priorities. Page 2 38 Referral to a committee When new programs, policies, or funding requests are presented to the City Council, the Council may suggest that the item be referred to a Committee for further analysis. Council Committee Recommendations Council committee recommendations will be presented to the full Council by the respective Committee Chair. Usually, the committee chair will report the committee's findings during member reports at the Council meeting, or findings may appear as an action item on the consent calendar. If an item does not have a unanimous recommendation from the committee, it shall not be placed on the Council's consent calendar. A Council committee chair may request that a specific item from the committee be placed on the Council's agenda as an "Other Business" item, even if committee support is unanimous. When a committee recommendation is forwarded to the Council for action, the staff (transmittal) report will include an explanation from the committee chair of the Committee's rationale for its recommendations. The rationale will be presented in a designated area on the transmittal ("staff") report. Who can speak at Committee meetings? Members of the public have the right to speak at meetings of the Committee in order to give members of the public an opportunity to make their views known directly to the Committee. Are meetings recorded? All meetings of the Committee are recorded, both audio and visual for good practice. The recordings will be retained and available for use in accordance with state rules and regulations. 4 - RESPONSIBILITIES & EXPECTATIONS Responsibilities & Expectations of Committee members: • Understand the committee's advisory relationship to Council. • Strive to attend all scheduled meetings. • Prepare for meetings by reading agendas and any background information supplied prior to the meeting. • Actively participate in the discussion and decision making process. • Be open minded and allow for a variety of opinions to be heard. • Respect committee members, speakers, guests, and staff. • Maintain a high degree of professionalism. • Ask questions and seek clarification through the staff. Page 3 39 • Respect that the full Council may disagree with Committee actions, proposed policy, and recommendations. • If a Committee member is unable to attend a meeting, notify the Assistant to the City Manager so the alternate can attend in his or her place. Responsibilities & Expectations of the Chair: • Facilitate the meeting by identifying the order or proceedings and speakers. • Ensure active participation by all Committee members. • Maintain decorum and ensure fairness and accountability. • The Chair has no authority to make decisions on his or her own. He or she can only run a meeting in a fair and efficient manner. • Assist staff liaison when possible or when requested. Responsibilities & Expectations of the staff liaison: • Provide administration to the Advisory Committee. • Prepare meeting agendas, minutes, and provide supporting documentation as required. • Remain impartial to all committee members. • Do not participate in voting; the staff liaison is not a Committee member. • Be mindful of any recommendations proposed by the Committee. 5 - COUNCIL COMMITTEES Council committees will consist of the four committees listed below. The committees, as noted below, have specified legislative oversight responsibilities, but do not have power or authority to commit the City or to take any binding action on behalf of the whole Council. ❑ Economic Development ❑ Public Safety ❑ Neighborhood & Community Building ❑ Partnership Page 4 40 ECONOMIC DEVELOPMENT COMMITTEE PURPOSE The Economic Development Committee shall provide oversight and guidance related to Economic Development. Policies, issues, programs and services may include but are not limited to: • Business climate policies and processes. • Capital projects planning and development (not right of way). • Downtown parking. • Economic development and redevelopment issues and opportunities. • Events, festivals, and special events. • North 1st Street oversight. • Development of the former Boise Cascade Mill Site. • Airport improvements and marketing. Council Membership: Coffey, Cousens, A. Gutierrez, (Adkison — alternate) Term: Two years Meeting Time/Frequency: Fourth Thursday of the month, 1:30 - 2:30 p.m. Staff liaison: Sean Hawkins Board Appointed Committees: Yakima Valley Tourism, New Vision, SIED Board, Westside Merchants, Chamber of Commerce, Public Facilities District, Planning Commission, TRANS -Action, Capitol Theatre Board, Sports Commission, Hotel/Motel Commission, Lodging Tax Advisory Committee, Front Street Association PUBLIC SAFETY COMMITTEE PURPOSE The Public Safety Committee shall provide oversight and guidance related to public safety matters. Policies, issues, programs, and services may include but are not limited to: • Crime free housing initiatives. • Neighborhood improvement initiatives. • Police services, crime prevention and traffic safety and enforcement. • Community oriented policing. • Education programs, services, and initiatives. • Fire services (safety and suppression). • Emergency Preparedness and Management. Page 5 41 • Gang prevention and intervention programs and services. • Homelessness prevention services. • Civil and human rights compliance. • Domestic violence issues. • Municipal court and diversion programs. • Equipment and facility needs, replacement, surplus, etc. • Legislative issues (body cameras, etc). Council Membership: Coffey, D. Gutierrez, Mendez (Lover — alternate) Terms: Two years Meeting Time/Frequency: Fourth Thursday of the month, 3:00 — 4:00 p.m. Staff liaison: Chief Dominic Rizzi Board Appointed Committees: County Gang Commission, Yakima Valley EMS Board, YPAL Board, 911 Administration Board, Police & Fire Pension, Emergency Management, Yakima County EMS NEIGHBORHOOD & COMMUNITY BUILDING COMMITTEE PURPOSE The Neighborhood & Community Building Committee shall provide oversight and guidance related to neighborhood concerns. Policies, issues, programs, and services may include but are not limited to: • Street and sidewalk improvements. • Strategic planning. • Infrastructure funding programs and plans. • Planning and development services. • Parks and recreational facilities. • Neighborhood based infrastructure issues (includes traffic calming, sidewalks, streetlights, streets, and grounds). • Historic preservation. • Transportation issues and projects (Cowiche Canyon path, William 0 Douglas Trail). • Complete streets ordinance. • Marijuana zoning. • Review and update sign code. • FEMA flood plain issues. • Solar energy. • Review of the Comprehensive Plan and the Transportation Plan. Page 6 42 • Community Review Board — change of meeting policy. • Oversight of the Planning Commission. • Oversight of the Historic Preservation Commission. • Tiny home village project. • Homeless facility locations and requirements. Council Membership: A. Gutierrez, D. Gutierrez, Mendez (Cousens — alternate) Terms: Two years Meeting Time/Frequency: Third Thursday of the month, 2:00 — 3:00 p.m. Staff liaison: Joan Davenport Board Appointed Committees: Homeless Network, Parks and Recreation Commission, Southeast Community Center, Community Integration, Ethics and Equal Rights, Historic preservation PARTNERSHIP COMMITTEE PURPOSE The Partnership Committee shall provide oversight and guidance related to partnerships with nonprofit, for profit, governmental agencies and service clubs. Policies, issues, programs, and services may include but are not limited to: • Intergovernmental relations. • State and federal legislative issues. • Appoint to various Boards and Commissions when vacancies exist. Council Membership: Adkison, Cousens, Lover (A. Gutierrez — alternate) Terms: Two years Meeting Time/Frequency: Fridays (as needed), 11:00 — 12:00 p.m. Staff liaison: Randy Beehler Board Appointed Committees: Arts Commission, Harman Center Board, Yakima Regional Clean Air Board, Yakima River Basin, Fish & Wildlife Recovery Board, Greenway Board, Sister City Association, Yakima Valley Conference of Governments, Board of Health, OIC Board, Solid Waste Advisory Committee, Yakama Nation Page 7