05/01/2018 10A Council Briefing Meetings DiscussionBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
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Item No. 10.A.
For Meeting of: May 1, 2018
ITEM TITLE: Discussion regarding Council Briefing Meetings
SUBMITTED BY: Ana Cortez, Assistant City Manager
SUMMARY EXPLANATION:
See attached.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D addendum 4/282018
O memo 4/182018
O mrsc 4;26/2018
Type
Coker Memo
Coker Memo
Coyer Memo
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MEMORANDUM
To: Honorable Mayor and Members of the Yakima City Council
From: Ana Cortez, Assistant City Manager
Date: May 1, 2018
Subj: Addendum- Thursday's Briefings/Special Meetings
At the April 17, 2018 Regular Meeting, several Council members expressed concerns with the
manner in which Council executes Thursday briefings. This staff reports addressed concerns
by complementing information provided in a staff report dated March 25, 2018.
Concern: What is the proper name under the law of Thursday Briefings?
Answer: SPECIAL MEETINGS
Thursday Briefings are Special Meetings under RCW 42.30.080 which reads:
Anything other than a regular meeting [is a Special meeting]. [It] May be called by the
presiding officer or a majority of the members of the governing body. The special
meeting notice must specify the date, time, and place of the special meeting, and the
business to be transacted.
Therefore, Thursdays Briefings are Special Meeting and as such:
1- Discussions have to reflect the published agendas or the "business to be transacted."
This implies that discussion on items outside of those listed in the agenda should not
take place.
Concern: Can/should we vote on Thursdays?
Answer: Per RCW 42.30.080:
Final disposition cannot be taken on any matter not listed in the special meeting notice.
In the spirit of transparency, it may be beneficial to refrain from all voting- even for agendized
items. Council may choose to vote on agendized items or not.
Concern: How do we prevent disorganization during Thursday Briefings?
Answer: The Council may adopt a limited agenda for all its Thursday Special Meetings.
1- Review Regular Meeting agendas. Council will limit its discussions to agenda content
for the subsequent Regular Meeting. No votes shall take place on individual items.
To address these concerns and to remain faithful to the language and spirit of RCW 42.30.080,
Council may consider the above described format for its Thursday Special Meeting. This
approach gives the public additional time to comment orally in the public meeting, or in writing.
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MEMORANDUM
To: Honorable Mayor Coffey and Members of the Yakima City Council
From: Ana Cortez, Assistant City Manager
Date: March 25, 2018
Subj: Thursday's Briefings/Special Meetings
On March 23, 2018, the Council Partnership Committee instructed staff to prepare this
memorandum to memorialize the committee discussion of that day and to enable the future
sharing of the discussion with the full Council. The purpose of this document is to review
sections of the RCW relevant to Council meetings and to propose a modified format for Council
briefings (Special Meetings). This memo evolves from concerns about unclear and inconsistent
protocols for placing items on agendas, discussing items, voting and use of committees.
SPECIAL MEETINGS
Thursday Council's Briefings are Special Meetings under RCW 42.30.080 which reads:
Anything other than a regular meeting. May be called by the presiding officer or a
majority of the members of the governing body. The special meeting notice must
specify the date, time, and place of the special meeting, and the business to be
transacted.
Final disposition cannot be taken on any matter not listed in the special meeting notice.
Therefore, Thursdays' Briefings (Special Meetings) need to abide to the following parameters:
1- Discussions have to reflect the published agendas or the "business to be transacted."
This implies that discussion on items outside of those listed in the agenda should not
take place.
2- Discussion may not involve voting or "final disposition" on any item not listed in the
agenda.
THURSDAY SPECIAL MEETING PROPOSED AGENDA FORMAT
Council members have expressed concerns with the length of these meetings and with actions
involving placing items for vote/consideration at the following Regular Meeting (Tuesdays). To
address these concerns and to remain faithful to the language and spirit of RCW 42.30.080,
Council may consider the following format for its Thursday Special Meeting (Briefings):
1- Review Regular Meeting agendas. Council will limit its discussions to agenda content
for the subsequent Regular Meetings. No votes shall take place on individual items.
2- Committee, Board and Strategic Plan progress reports. Council members provide
updates on these topics.
3- City manager (CM) policy updates. CM introduces policy related matters that require
Council input and direction and thereafter may appear in future Regular Meeting
agendas. Note: instead of using Thursday Special Meetings (Briefings) for programmatic
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conversations, the CM shall communicate such information through alternative written
means such a bi-weekly email or newsletter.
4- New agenda items for Upcoming Regular Meetings. Members may preview individual
intent to make a motion at a subsequent Regular Meeting to add an item to a future
agenda. These items will not be voted on nor discussed at the Special Meeting
(Briefing)
The four parameters above create consistency for how new issues are handled at the
Thursday's Special Meetings while also protecting the City's governance body from any
potential, perceived or real violations of the OPMA.
Decision Point: Do we adopt the following format as reflected in the narrative above:
1- Review Regular Meeting Agendas
2- Committee, Board and Strategic progress reports
3- City Manager policy updates
4- New agenda items for Regular Meetings.
ADDING NEW ITEMS AT REGULAR MEETINGS
This memo addresses protocols for introducing a new item (non-agendized) at a Regular
Meeting under Other Business or Council Reports. RCW 42.30.080 does not limit such action.
Consistent with current Council Rules of Procedures, a member may make a motion to add an
item to a future agenda, and if seconded, engage in preliminary discussion at a Regular
Meeting. Current Council Rules and Procedures (Standard Motions and Rules of Procedure of
Yakima City Council, Revised August 2014, Page 8, Section 5 (b), states that in order to add an
item to a future Regular Meeting or refer an item to a Council Committee requires "a positive
majority vote by the City Council members present."
By discussing AND voting on an item that has not been publicly announced, Council limits the
interests of its constituents to participate in the democratic process. The two options described
above better facilitate discussion, by both the Council and constituents, and ensure
transparency.
Attachment: MRSC Practice Tips: Regular vs. Special meetings.
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@ next Regular meeting,
@ Special Meeting, item is presented via
member announces motion under Council
her/his desire make a Business or Other. A first
motion at the next Regular and second motions are
meeting. NO DISCUSSION needed for matter to be
OR VOTE MAY TAKE PLACE discussed. A majority is
AT THE SPECIAL MEETING. needed to place in next
Regular Agenda
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OR Council may refer the
matter to a Committee.
FAQ
When can we vote and discuss an item?
Agendized item can be discussed and voted on in any meeting
How do I get an item agendized so that it can oe both discussed and voted on?
At a Regular meeting, a member may request Council majority to approve (through vote) placement
of item on a future Regular Meeting agenda thus allowing that item to be discussed and voted on.
By default once an item is agendized for a Regular Meeting, it allows discussion at an earlier Special
Meeting or briefing. However, items will only be voted on at the Regular Meeting.
If the majority of the Council does not support an item to be agendized, the item will not be scheduled
for discussion or vote.
How do I add a new item AFTER the Regular Meeting agenda has been published?
The Regular Meeting agenda is published Thursday at 12:00 noon (allowing the public 5 calendar
days to review an agenda prior to the Tuesday evening Regular Meeting). Ideally, no new items
should be added to the Regular Agenda after this time. However, a Council member may preview an
item at a Special Meeting (Briefing) with the intention of placing it in a future Regular Meeting agenda.
This preview shall not include discussion or voting.
In either case, the motion requires a second to allow further discussion. Once discussed, the matter
will need a majority vote to be placed on the agenda of a future Regular Meeting (not published
meeting).
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Emergency items will be treated differently with more flexibility. (Yakima City Charter, Art VI, Section
2)
When and what do we send to committee?
Any item that requires staff or community input and that can benefit from greater scrutiny may be
referred to committee. The member introducing the matter may decide which Council Committee will
review the topic. However, if a majority of the Council identifies an alternate committee as more
appropriate space, the item may be first sent to the author's chosen committee and secondly to the
Council's designated committee. Council has the discretion to request a joint hearing if such
approach proves a more efficient path.
Options:
1- Author refers to Committee but Council may vote on a different Committee destination.
2- Item goes first to author's chosen Committee and then to Council's chosen Committee
3- Item goes to a joint session of the author's chosen Committee and that selected by Council.
What policy items will the CM bring to Council and which programmatic items will the CM provide in
writing?
The CM is interested in keeping council member abreast of programmatic activities of our large city.
The CM also needs direction from Council on policy matters. The CM will provide a bi-weekly
newsletter that may include items such as:
• Topics that may be covered or have been covered by the press
• Visits from outside partners
• Administrative changes to services (hours of operations, scope of services, etc.)
• Street closures
• Changes in utilities affecting more than 1,000 people
• New projects and activities that enhance quality of life
• Achievements of staff to improve efficiencies, retirements, hires and other administrative
matters.
• Strategic Priorities- Admin Updates:
■ Community policing activities
■ Activities impacting business along main arteries
■ Plaza developments
■ School safety
■ YMCA
■ Mill Site
■ MLK Pool
■ Youth Development
The CM will bring to Special (Thursday Briefing) and Regular Meetings items that amend ordinances,
financial commitments, affect public safety, change infrastructure and or affect strategic priorities.
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OPMA — NOTICE REQUIREMENTS
PRACTICE TIPS
For local Gove nrr ent Succe]`_
MRSC
Under the Open Public Meetings Act (OPMA), to ensure that agency deliberations and other actions are conducted
and taken openly, agencies are required to provide sufficient public notice of their meetings. Use these practice tips
as a starting guide for OPMA notice requirements.* For more information and resources visit , . ��':' o t .
*DISCLAIMER: These practice tips are meant to provide summary information on the notice requirements of the OPMA; these tips are not intended to be regarded as specific legal advice. Consult with your
agency's legal counsel about this topic as well. May 2014
Regular Meetings (RCW 42.30.070)
Special Meetings (RCW 42.30.080)
Definition
Held in accordance with a schedule fixed by ordinance, resolution,
bylaws, or other rule.
Anything other than a regular meeting. May be called by the presiding officer or a majority of
the members of the governing body.
Notice and
Agendas
Effective June 12, 2014, agendas must be made available on the
agency's website at least 24 hours in advance of the meeting unless
the agency:
1. Doesn't have a website; or
2. Employs fewer than 10 full-time equivalent employees.
There are no other notice requirements for regular meetings in
the OPMA. However, other relevant laws apply to some local
governments. For example, cities and towns are required to establish
a procedure for notifying the public of the preliminary agenda
for the forthcoming council meeting (although not necessarily
online) as well as regarding upcoming hearings. RC V1/ 35A 12 160;
RCW 35 22 288; RCW 35 23 221; RCW 35 27 300. There are no
similar requirements for counties or special purpose districts related
to preliminary agendas.
The special meeting notice must specify the date, time, and place of the special meeting, and
the business to be transacted.
• Personal notice. Written notice must be delivered personally, by mail, fax, or e-mail at least
24 hours before the meeting to:
1. Each member of the governing body, unless the member submits a written waiver of
notice in advance with the clerk, or the member is actually present at the meeting;
and
2. Each member of the news media who has on file with the governing body a written
request for notice of special meetings.
• Website notice. Notice must be posted on the agency's website 24 hours in advance of the
meeting, unless the agency:
1. Doesn't have a website; or
2. Employs less than 10 full-time equivalent employees; or
3. Doesn't employ personnel whose duty, as defined by a job description or existing
contract, is to maintain or update the website.
• Notice at agency's principal location. Notice must be prominently displayed at the main
entrance of the agency's principal location and the meeting site if the meeting isn't held at
the agency's principal location.
Emergencies
In an emergency situation (e.g., fire, flood, earthquake, or other
emergency), a meeting may be held at a site other than the regular
meeting site, and the notice requirements under the OPMA are
suspended during such an emergency.
The notices required for special meetings aren't required if 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.
Holidays
Regular meetings shall not be held on holidays. If a regular meeting
falls on a holiday, the meeting must be held on the next business day.
Although not specifically addressed by the OPMA, we recommend that special meetings not be
held on holidays out of consideration for public participation.
Business
Transacted
There are no restrictions on the type of business that may be
transacted at regular meetings.
Final disposition cannot be taken on any matter not listed in the special meeting notice.
*DISCLAIMER: These practice tips are meant to provide summary information on the notice requirements of the OPMA; these tips are not intended to be regarded as specific legal advice. Consult with your
agency's legal counsel about this topic as well. May 2014