HomeMy WebLinkAbout05-11-18 Agenda with attachmentsPARTNERSHIP COMMITTEE AGENDA
Council Members Mendez, Hill and Coffey
May 11, 2018 @ 8:30 a.m.
City Manager's Conference Room
1. Review Olympia lobbyist proposals (on file in the Community Relations office)
2. Review draft changes to Council Rules of Procedure to include telephonic
participation
3. Discuss future Council legislative action trip to Washington, DC
4. Review upcoming vacancies on Boards & Committees
5. Other business
Future agenda items:
o Review Strategic Plan priorities, deliverables, benchmarking and equity lens
May (chart—Cortez)
o Review legislative priorities for 2019 —June or July (Beehler)
o Follow up on electronic reader board /que to speak—June (Claar Tee &
Beehler)
6. Adjournment
BOARDS & COMMISSIONS WITH VACANCIES OR TERMS EXPIRING
Board of Appeals 3-year term — 1 vacancy, 1 term expiring 6/30/18
John Crawford, building industry (term expires 6/30/18 and he is not reapplying)
No applications on file that meet requirements.
Requirements: The Board of Appeals members are qualified by experience and
training to evaluate appeals pertaining to building construction. The board
currently requires a mechanical contractor or developer and building industry.
Community Review Board 3-year term -- 3 terms expiring 6/30/18
Applications: Verlynn Best -- reapplied
Phyllis Musgrove -- reapplied
Mei-Lynne Statler-- may reapply
David Purcell (1-18)
Requirements: Responsible for conducting administrative hearings and
rendering decisions based upon written findings and do all things necessary and
proper to carry out and enforce Chapter 11.10 of the Yakima Municipal Code.
The board holds meetings twice per month, but may also conduct additional
meetings as needed.
Henry Beauchamp Jr. Community Center Advisory Board 4-year term — 2
terms expiring
Applications: Tony Williams, reapplied (was appointed mid-term)
Donna Janovitch, reapplied (was appointed mid-term)
Kitty Quinn
Korama Williams
Appointed by: City Council based upon the recommendations of operator (OIC
Board of Directors) Ordinance 2004-22.
Responsibilities: To make recommendations to the Operator and City regarding
Management policies, operations, maintenance, and capital improvement needs.
Historic Preservation Commission 4-year term — 3 vacancies
Applications: none
Requirements: The commission shall always include at least three professionals
who have experience in identifying, evaluating, and protecting historic resources
and are selected from among the disciplines of history, architecture, architectural
history, landscape architecture, historic preservation, planning, folklore, cultural
anthropology, prehistoric and historic archaeology, American studies, curation,
traditional building crafts, the practice of historic rehabilitation or restoration,
finance and banking, law, and real estate, or related disciplines.
Parks & Recreation Commission --Youth Position 2-year term expires
6/30/18
Applications: no youth applications on file
Responsibilities: Advises the City Council and Director of Parks and Recreation
concerning the formulation of policy, plans and programs to maintain and operate
City parks and carry out recreation programs.
Youth position: 16-22 years of age at the time of appointment— 2 year terms
Planning Commission 4-year term — 1 term expiring/vacant
Peter Marinace's term expiring 6/30/18 — not reapplying
Applications: Jeffrey Jorgensen (2-18)
Phillip Ostriem (1-18 previously interviewed)
Bishop Patrick Milton (1-18)
David Purcell (1-18)
Keith Effler (1-18)
Nick Hughes (8/17 — previously interviewed)
Luis Lopez (7/17 -- previously interviewed)
Bruce Benson (6/17 -- previously interviewed)
Justin Bigby (3/17 -- previously interviewed)
Requirements: must be a City resident or 2) an owner of a business or real
property that is located within the City of Yakima Term Limitations: Two
consecutive, may serve again after 2 years from end of second term.
Tree City USA Board 4-year term — 2 terms expiring 6/30/18
Jim Hertel (appointed 2017) NOT reapplying
Applications: Lance Forsee (appointed 2017 tree care specialist) reapplying
Morgan Pualani (applied 3/17)
Justin Bigby (applied 3/17)
Requirements: Five members, all residents of the city with the exception of the
member recommended by the Yakima Arboretum, and city Arborist, who shall be
appointed by the Yakima City Council. The seats of the board shall consist of at
least two tree care specialists, with at least one seat filled through
recommendation by the Yakima Arboretum.
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Remedies for Violations by Council Members
of Rules of Procedure, Code of Ethics, Principles of Conduct,
or other applicable law, rule, etc.
Purpose
The behavior and actions of individual Council members can affect, both positively and negatively, the
perception of the entire Council and public confidence in the Council and the City. Therefore, each
Council member has a vested interest in promoting the ethical and professional conduct of his/her
fellow Council members.
In order to foster an environment of ethical and professional conductby all Council members, the
Council has adopted the following process to be implemented i ,theevent a Council member(s) is
alleged to have violated the Council Rules of Procedure, the Council Code of Ethics, the Council
Principles of Conduct, or other applicable laws and/or regul, tons '
Process
Step 1 p ''
Any Council member may submit a written complaint,to the Mayor alleging a fellow Council member(s)
has violated the Council Rules of Procedure, the Council nCodeofEthics, the Coucil Principles of
Conduct, or other applicable laws and/or regulations.
v
Step 2
As soon as practicable after a complaint'has been-submitted, an Executive Session of the Council will
be called to discuss the alleged violations) However'the Cou cil member alleged to have committed
a violation(s) may insist any discussion of thealleged wolation(s) against her/him take place in a
meeting of the Council open to,the,public, in which case the discussion;shall take place in an open
public meeting of the Councir Dunng,such discussion heCoucihmember(s) alleged to have
committed a violation(s) shall be provided an opportunity to refute disprove, or otherwise contradict the
allegation(s). v:;.
Step 3 fr ,
Following a discussion by the Council of theEalleged violation(s), the Council may:
Tako furt tion
Inran open public session of the Council, by a majority vote of the Council, issue a verbal
Reprimand of the Council members) found to have committed a violation(s). A verbal
Reprimand declares the,conduct of a Council member(s) to be unacceptable but not of suchseverityastowarrantaPublicCensure. Issuance of the verbal Reprimand shall include a
descriptioof the violation(s) and any evidence to support the determination by a majority of
the Council tha"a violations) occurred. Following the issuance of the verbal Reprimand, the
Council member(s)4oii'hd,t6 have committed a violation(s) shall be provided an opportunity to
refute, disprove, 6r4otherwise contradict the determination by a majority of the Council that a
violation(s) occurred`-"
If a majority of the Council determines the severity of the violation(s) committed by a Council
member(s) is of such magnitude, OR that the Council member(s) who was previously issued a verbal
Reprimand commits subsequent violations, the Council may, in an open public session of the Council:
a. By way of a formal resolution adopted by a majority vote of the Council, issue a Public
Censure of the Council member(s) found to have committed a severe or subsequent
violation(s). A Public Censure declares that a Council member(s) has committed a
violation(s) that requires admonishment greater than that provided for in a verbal
Reprimand but does not require additional measures be taken. The Public Censure
resolution shall include a description of the violation(s) and any evidence to support the
determination by a majority of the Council that a severe violation(s) has or additional
violations have occurred. Following the adoption of the Public Censure resolution, the
Council member(s) found to have committed a violation(s) shall be provided an
opportunity to refute, disprove, or otherwise contradict the determination by a majority of
the Council that a violation(s) occurred.
b. By way of a formal resolution adopted by a majority-plus-one vote of the Council,
Remove the Council member(s) found to have committed a severe or subsequent
violation(s) from her/his board, committee, or commission assignments other than
his/her Council Committee assignments for a period of time deemed appropriate by a
majority-plus-one vote of the Council. The Removal resolution shall include a
description of the violation(s) and any evidence to support the determination by a
majority of the Council that a severe violation(s) has or additional violations have
occurred. Following adoption of the Removal resolution, the Council member(s) found
to have committed a violation(s) shall be provided'anopportunity to refute, disprove, or
otherwise contradict the determination by a'majo yOfthe Council that a violation(s)
occurred.
c. By way of a formal resolution adopted:bya majority-plus=one vote of the Council,
Remove the Council member(s) four d%fo have committed a severe or subsequent
violation(s) from his/her board, committee, or commission assignments AND his/her
Council Committee assignments for a•period of time'deemed appropriate by a majority-
plus-one
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plus-one vote of the Council. The Removal'resolution shall include adescription of the
violation(s) and any evil cep support the Bete lination by a majority,of the Council
that a severe violation(s)has;or additional violations have occurred. Following adoption
of the Removal resolution, the Council member(s),found to have committed a
violation(s) shall be provided an opportunity to refute,1disprove, or otherwise contradict
the determination by a majonty,of the Council,that a violation(s) occurred.
NOTE: The application of'o enoqheemedies'descnbed'aove shall not preclude the application of
other or all of;the remediesdescribed above:-'Furthermore;%certain violations committed by a
Council member.(s) may be subject to prosecution or other legal action pursuant to
r eWashingtonStateilaw\
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RULES OF PROCEDURE
OF THE
YAKIMA CITY COUNCIL
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Revised --- 2018
TABLE OF CONTENTS
PAGE
INTRODUCTION 1
A. ORGANIZATION
1. Election of Mayor and Assistant Mayor 2
2. The Mayor is the Chair of the Council Meetings 2
3. Chair may call member to chair 2
4. Duties of the Mayor 2
5. Duties of Assistant Mayor 3
6. Temporary Chair 3
B. RIGHTS AND DUTIES OF MEMBERS
1. Duty to Vote -Absentation 3
2. Explaining Vote 3
3. Attendance by speakerphone or video 3
4. Notification of a Council member's absence from a Council session 5
5. Council member terms and oath of office 5
6. Council representation 6
7. Filling a Council vacancy 7
C. MEETINGS
1. Regular meetings - Time of meeting 7
2. Regular meetings - Place of meetings 7
3. Meetings - Items considered 7
4. Executive Sessions 8
5. Quorum 9
6. Emergency meetings 9
7. Use of electronic devices during Council meetings 10
D. PROCEDURE - ORDER AND DECORUM
1. Chair to decide who entitled to the floor 10
2. Seating policy 10
3. Reading of ordinance/resolution title 10
E. PROCEDURE - MOTIONS
1. Form of motion 11
2. Motion to be restated 11
3. Second required 11
4. Withdrawing a motion 11
5. Motions in order during debate 11
6. Motion to adjourn always in order- Exceptions 11
7. Motion to table temporary only 11
8. Motions to postpone or refer 11
9. Motions must be germane 12
10. Motions to refer or postpone preclude amendments 12
11. Questions not debatable 12
12. Division of question 12
13. Call for the question (Previous Question motion) 12
14. Council consensus 12
F. PROCEDURE - RECONSIDERATION
1. Who may move to reconsider 12
G. PROCEDURE - DEBATE
1. Substitute motions 13
2. Amendments must be germane 13
3. Tabling amendment - Not to prejudice motion 13
4. Order of action 13
5. Order of discussion/debate 13
H. PROCEDURE -VOTING
1. Roll call on final passage 13
2. Voting or changing vote after decision announced 13
3. Changing vote before decision announced 14
4. Council members required to vote - Late voting 14
5. Putting the question — Division 14
I. PROCEDURE -ORDER OF BUSINESS
1. Roll call - Minutes of previous meeting 14
2. Agenda for meetings 14
3. Special order of business 14
4. Public comment 15
J. PROCEDURE - ADOPTION OF ORDINANCES, RESOLUTIONS &
MOTIONS
1. Introduction and form - Working copies 15
2. Passage on first reading 15
3. Hearings 15
4. Ordinances and resolutions adopted - Signing, deposit and publication 15
K. PROCEDURE - SUSPENSION OF RULES 15
L. PROCEDURE - ROBERT'S RULES OF ORDER 15
M. AMENDMENT 16
N. RECORDING OF RULES 16
Introduction
The Yakima City Charter gives the City Council the authority to "...adopt rules of order and
regulations for the conduct of its business." The Council has adopted these Rules of
Procedure to clarify the duties and responsibilities of Council members, how meetings of the
Council will be conducted and how Council members may participate in meetings, types of
meetings the Council may conduct, and other formalities regarding the efficient and
effective conduct of the Council's business.
These Rules of Procedure are intended to serve as a summary guide to the conduct of
Council business. Many of the provisions within these Rules of Procedure reference the
Yakima City Charter, state statute, or other applicable law related to the conduct of Council
business. Some of the provisions within these Rules of Procedure are based on elements
of Roberts Rules of Order Newly Revised, and some provisions reflect the preference of the
Council concerning how its business is conducted.
In accordance with the Yakima City Charter and state statute, the Council serves as the
legislative branch of the City of Yakima. The City Council consists of seven elected
officials, each elected to four-year terms. Individual Council members do not have
governing power as individuals, but only when meeting as a Council when a quorum (four or
more) are present. The Council is the law-making, policy-making, and budget and spending
approval authority of the City government. The Council hires, directs, guides and evaluates
the performance of the City Manager. As provided for in the Yakima City Charter, the City
Manager shall be appointed for an indefinite term and may be removed by a majority vote of
the Council.
In accordance with the Yakima City Charter and state statute, the City Manager is the chief
executive officer of the City and the head of the executive branch of the City government.
The duties and responsibilities of the City Manager are defined in the Yakima City Charter.
The City Manager is directly accountable to the City Council for the execution of the City
Council's policy directives and for the administration and management of all City
departments. Balanced with the City Manager's accountability to the City Council for policy
implementation is the need for the Council to allow the City Manager to perform her/his
legally-defined duties and responsibilities without interference by the City Council in the day-
to-day management decisions of the City Manager. All City staff work under the direction of
the City Manager, who is directed by the City Council. The Council and its members deal
with City staff through the City Manager.
These Rules of Procedure will evolve as conditions dictate. They are intended to be flexible
and adaptable to specific circumstances. In accordance with best practices, these Rules of
Procedure should be reviewed and evaluated on a regular basis and amended as
necessary.
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RULES OF PROCEDURE
OF
THE YAKIMA CITY COUNCIL
A. ORGANIZATION
1. Election of Mayor and Assistant Mayor
The Council of the City of Yakima, immediately after its election and qualification,
shall elect from among the members a Mayor and Assistant Mayor.
2. The Mayor is the Chair of Council Meetings
The Mayor shall preside as the Chair of all meetings of the Council and shall have
the general direction of the meetings.
3. Chair may call member to chair
The Mayor or any other member of the Council who may be acting as Chair at a
meeting of the Council may call any member of the Council to the Chair to occupy
same temporarily and such member shall be vested with all the powers of the Chair
while so presiding. Such a substitution shall not extend beyond an adjournment.
4. Duties of the Mayor
It shall be the general duty of the Mayor as Chair of the Council:
a) To take the chair every day precisely at the hour for which the meeting of the
Council has been called or to which the Council may have adjourned and
immediately to call the Council to order and proceed with the daily order of
business.
b) To announce the business before the Council in the order in which it is to be
acted upon.
c) To receive and submit in the proper manner all motions and propositions
presented by the members of the Council.
d) To put to vote all questions which are properly moved, or which necessarily arise
in the course of proceedings, and to announce the result thereof.
e) To inform the Council when necessary, or when referred to for that purpose, on
any point of order or practice. In the course of the discharge of this duty she/he
shall have the right to call upon the City Attorney or any member of the Legal
Department for advice.
f) To authenticate by his/her signature when necessary, or when directed by the
Council, all the ordinances and resolutions, and all the acts, orders and
proceedings of the Council, and entries in the official record of the Council when
the same have been approved by it.
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g) To maintain order at the meetings of the Council, for which purpose she/he shall
have the right to call upon the Chief of Police and any and all other officers of the
Police Department for assistance.
5. Duties of Assistant Mayor
The Assistant Mayor, during the absence of the Mayor, shall have and perform all
the duties and functions of the Mayor.
6. Temporary Chair
In the event of the absence of or disability of both the Mayor and the Assistant
Mayor, the Council shall elect a temporary Chair to serve until the Mayor or Assistant
Mayor so absent or disabled shall return or the disability shall be removed, as the
case may be. In such event, the temporary Chair shall have all the powers and
perform the functions and duties herein assigned to the Mayor and Chair of the
Council.
B. RIGHTS AND DUTIES OF MEMBERS
1. Duty to Vote —Abstention
Every member of the Council present at a meeting where a vote is taken on any
proposal shall vote thereon unless excused. A member desiring to be excused from
voting may, when his/her name is called, make a brief statement giving the reasons
for making such a request, and the question of excusing her/him shall then be
decided by vote of the other members of the Council.
2. Explaining Vote
Any member of the Council desiring to explain his/her vote when her/his name is
called shall be allowed a like opportunity.
3. Attendance by speakerphone or video
From time to time, a Council member may not be able to be physically present at a
Council meeting or a Council committee meeting, but will want to be involved in the
discussion for the entire agenda, and/or a decision for a particular agenda item or
items. The procedure and guidelines for permitting a Council member to attend a
Council meeting or Council committee meeting by speakerphone or video
conferencing is in this section.
a) Limitations on attendance by speakerphone or video
Attendance via speakerphone or video should be the rare exception, not the rule.
Council members may attend regular meetings, special meetings, study
sessions, or executive sessions by speakerphone or video. Attendance by
speakerphone or video at those types of Council meetings is limited to two times
per year total per Council member. Only two Council members at one time may
attend any of those meetings telephonically or by video. Attendance by
speakerphone or video by a Council member at both a business meeting and an
executive session, if any, at the same Council meeting is counted as one
participation by attendance by speakerphone or video.
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sk
In addition to the above limits, a Council member also may attend Council
committee meetings by speakerphone or video. Attendance at committee
meetings is limited to two times per year per Council member. Only one Council
member may attend a committee meeting by speakerphone or video at one time.
The following rules on attendance by speakerphone or video apply to quasi-
judicial hearings and public hearings:
i. Speakerphone or video attendance of a Council member on a quasi-judicial
matter at a Council meeting is not allowed.
ii. Attendance by speakerphone or video is not allowed for other public hearings
where maps, display boards, power point presentations, or similar graphic
presentations are being utilized, unless the Council member participating by
video clearly can see the documents through full visual capability.
b) Quorum
A Council member who is connected remotely to the telephone line in the
meeting place or by video shall be considered to be actually present at that
meeting for the period of time he or she is so connected, and that presence shall
count toward a quorum of the Council or committee for all purposes.
c) Attendance— Procedure
i. The Council Member attending via speakerphone or video:
A. Must be able to hear the discussion on the agenda item taking place in
the Council Chambers, and
B. Must be able to be heard by all present in Council Chambers.
ii. When the Council meeting begins or when the particular agenda item is
ready to be discussed, the Mayor (or presiding officer, if the Mayor is not
physically present) should state for the record:
A. Let the record reflect that Council Member is
attending by speakerphone [or video] for [the entire meeting] or[Agenda
Item No. relating to
B. Council Member can you hear me? [There must then
be a clearly audible response in the affirmative.]
C. Let the record reflect that Council Member who is
attending by speakerphone [or video], can be heard by all present in
Council chambers.
iii. Upon conclusion of the meeting or the particular agenda item, the Mayor (or
presiding officer, if the Mayor is not physically present) should state:
A. Council Member the meeting is adjourned] or
discussion on Agenda Item No. has concluded]. Thank for your
attendance via speakerphone [or video]. The telephone connection will
now be terminated. [Connection should be terminated at this time.]
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B. [If the Council Member ends his or her participation before the conclusion
of the Council meeting] Let the record reflect Council Member s
attendance via speakerphone [or video] has been terminated. [Next on
the agenda is...]
d) Requirements of the system(s1
Any communications system utilized shall reliably permit all persons attending —
whether they are physically in the Council chamber or in remote location(s) —to
be clearly heard by all others and to clearly hear all audio content of the meeting.
If the Council member who is not physically present is communicating by video,
such communications system shall reliably permit all attendees, whether in the
chamber or in a remote location, to be clearly seen by all others and to clearly
see all visual content, if applicable, that is determined by the Council to be
crucial to the understanding of matters discussed. The communication
system(s) used in the course of Executive Sessions shall be reasonably secure
from unauthorized access.
e) Notification
If a Council Member wishes to attend a Council meeting or Council committee
meeting by speakerphone or video for the entire agenda or for an agenda
item(s), the Council Member should notify the City Clerk or designee of his or her
intent no later than two working days prior to the meeting for which he or she
wishes to attend via speakerphone. The City Clerk or designee shall
immediately advise the presiding officer and the City Manager of the proposed
telephonic participation. To attend a Council meeting or committee meeting by
telephone, a Council member shall have received in advance all materials for the
meeting.
4. Notification of a Council member's absence from a Council session
Members of the Council may be excused from attending a City Council meeting by
contacting the Mayor prior to the meeting and stating the reason for her/his inability
to attend. If the member is unable to contact the Mayor, the member shall contact
the City Manager, who shall convey the message to the Mayor. Following roll call,
the Chair shall inform the Council of the member's absence, state the reason for
such absence, and inquire if there is a motion to excuse the member. This motion
shall be nondebatable. Upon passage of such motion by a majority of members
present, the absent member shall be considered excused and the Clerk will make an
appropriate notation in the minutes. Council members who do not follow the above
process will be considered unexcused and it shall be so noted in the minutes. A
motion to excuse a Council member may be made retroactively at the next meeting.
5. Council member terms and oath of office
In accordance with RCW 29A.60.280, the term of incumbent Council members ends
and the term of the successor begins after the successor is elected and qualified
and the term commences immediately after December 31st following the election
except: 1) Where the term of office varies from the standard according to RCW
29A.60.280; and, 2) If the election results have not been certified prior to January 1st
after the election, in which event the time of commencement of the new term occurs
when the successor becomes "qualified" (see definition below) in accordance with
RCW 29A.04.133.
5
Under RCW 29A.04.133, "qualified", as it pertains to a winner of an election, means
that for such election: 1) The results have been certified; 2) Any required bond has
been posted; and, 3) The winner has taken and subscribed an oath in compliance
with the appropriate statute, or if none is specified, that he/she will faithfully and
impartially discharge the duties of the office to the best of her/his ability. This oath
or affirmation shall be administered and certified by any officer or notary public
authorized to administer oaths, without charge therefor.
In accordance with RCW 29A.60.280, the oath of office must be taken as the last
step of qualification as defined in RCW 29A.04.133 but may be taken either: 1) Up
to ten days prior to the scheduled date of assuming office; or, 2) At the last regular
meeting of the Council held before the winner is to assume office.
6. Council representation
a) Council members who meet with, speak to, or otherwise appear before a
community group or another governmental agency or representative must clearly
state if his/her statement reflects her/his personal opinion, if it is the official
stance of the City, or if it is the majority or minority opinion of the Council.
b) When Council members represent the City or attend meetings in an official
capacity as Council member, they must support and advocate the official City
position on an issue, not a personal viewpoint.
c) Once the City Council has taken a position on an issue, all official City
correspondence regarding the issue will reflect the Council's adopted position.
d) City letterhead shall not be used for correspondence of Council members
representing a dissenting point of view from an official Council position.
e) As a matter of courtesy, letters to the editor or other communication of a
controversial nature which do not express the majority opinion of the Council,
shall be distributed to the full Council so that Council members may be made
aware of the impending publication.
f) If the Council, in Executive Session, has given direction to the City Manager on
proposed terms and conditions for any type of issue, all contact with the other
party shall be done by the City Manager or other City staff member so
designated by the City Manager.
g) In accordance with a policy adopted by the City Council, the Council will consider
and process requests for letters of support submitted by non-profit organizations
regarding prospective and/or existing programs, services, plans, proposals,
applications, etc. utilizing the procedure outlined in the policy, which includes
initial review and recommendation by the Council Partnerships Committee and
eventual consideration and action by the full Council.
h) In accordance with a policy adopted by the City Council, the Council may
consider requests to support or oppose ballot measures utilizing the procedure
outlined in the policy, which includes initial review and recommendation by the
Council Partnerships Committee regarding whether the Council should conduct
or not conduct a public hearing on the ballot measure at issue and eventual
consideration and action by the full Council. Should the Council vote to conduct
a public hearing on the request to support or oppose a ballot measure, following
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such hearing the Council may vote to support the ballot measure, vote to oppose
the ballot measure, or take no further action.
7. Filling a Council vacancy
If a vacancy occurs in the office of Council member, the Council will follow the
procedures outlined in RCW 42.12.070 and the City Charter. In order to fill the
vacancy with the most qualified person available until an election is held, the Council
will widely distribute and publish notice of the vacancy, the procedure by which the
vacancy will be filled, and how to obtain an application form.
C. MEETINGS
1. Regular meetings - Time of meeting
Regular meetings of the Council shall be held on the first and third Tuesdays of each
month, unless otherwise changed. Regular meetings shall convene at 6:00 p.m.
2. Regular meetings - Place of meetings
a) City Hall
Unless notice is given pursuant to Rule C.2.b. of these Rules, all regular
meetings of the Council shall be held in the City Council Chambers on the first
floor of City Hall and all study session meetings shall be held either in the City
Council Chambers or another properly noticed location.
b) Changed meeting place
Any meeting of the Council may be held at a place other than that required by
Rule C.2.a. hereof on proper notice of a changed meeting place.
c) Special meetings
Special meetings may be called by the presiding officer or by any two members
of the Council, as provided for in the City Charter. Types of special meetings
that may be called include study sessions, Council briefings, retreats of the
Council, joint meeting with another elected body, and emergency meetings (see
C 6 below).
3. Meetings - Items considered
a) At regular meetings of the City Council, no action shall be taken on any item(s)
not appearing on the posted agenda of such meeting except and unless, by
majority vote of the City Council members, it is determined that an emergency
exists and that immediate action must be taken by the City Council to address
the emergency.
b) Any City Council member(s) may, under"Other Business", propose that an
item(s) or issue(s) be referred to City staff for research and review, be assigned
to a specific committee of the Council for research and review, be assigned to a
specific advisory committee to the Council, and/or be added to the agenda of the
next available City Council regular meeting so that such item(s) or issue(s) can
be considered by the full Council, provided that such a proposal receives a
positive majority vote by the City Council members present.
7
c) In accordance with the City Charter, at special meetings of the City Council, final
disposition shall not be taken on any matter that is not included on the posted
agenda of such meeting unless with the unanimous consent of all members of
the City Council.
4. Executive Sessions
a) If the Council holds an executive session, it shall be held pursuant to the Open
Public Meetings Act, RCW Chapter 42.30. The Council may hold an executive
session during a regular or special meeting. Before convening in executive
session, the Chair shall ask for a motion from the Council to: publicly announce
the purpose for adjourning into executive session; the approximate length of time
for the executive session; and the likelihood of the Council taking action at the
close of the executive session and return to open session.
i. At the close of the executive session and upon the Council's return to the
Council Chambers, the Chair declares that the Council is out of executive
session and asks for the appropriate motion (i.e. an action motion or a
motion to adjourn).
ii. To protect the best interests of the City, Council members shall keep
confidential all verbal and written information provided during executive
sessions. Confidentiality also includes information provided to Council
members outside of executive sessions when the information is considered
exempt from disclosure under the Code of Ethics for Municipal Officers
RCW 42.524) and/or the Public Records Act (RCW 42.565).
b) RCW 42.30.110 explains the purpose for holding an executive session, some of
which include:
i. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition
of real estate by lease or purchase when public knowledge regarding such
consideration would cause a likelihood of increased price (pending land
acquisition);
ii. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for
public employment or to review the performance of a public employee.
However, subject to RCW 42.30.140(4) (labor negotiations), discussion by
a governing body of salaries, wages, and other conditions of employment
to be generally applied within the agency shall occur in a meeting open to
the public, and when a governing body elects to take final action hiring,
setting the salary of an individual employee or class of employees, or
discharging or disciplining an employee, that action shall be taken in a
meeting open to the public; [note that stating that an executive session not
sufficient because only certain types of personnel matters are appropriate
for discussion in an executive session.] (review qualifications of a public
employee)
iii. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for
appointment to elective office. However, any interview of such candidate
and final action appointing a candidate to elective office shall be in a
meeting open to the public (review qualifications of an elected official).
8
iv. RCW 42.30.110(1)(i). To discuss with legal counsel representing the
agency matters relating to agency enforcement actions, or to discuss with
legal counsel representing the agency litigation or potential litigation to
which the agency, the governing body, or a member acting in an official
capacity is, or is likely to become, a party, when public knowledge
regarding the discussion is likely to result in an adverse legal or financial
consequence to the agency. For purposes of this subsection (1)(i),
potential/pending litigation" means matters protected by Rules of
Professional Conduct (RPC) 1.6 or RCW 5.60.060(2)(a) concerning:
A. Litigation that has been specifically threatened to which the agency, the
governing body, or a member acting in an official capacity is, or is likely
to become, a party;
B. Litigation that the agency reasonably believes may be commenced by
or against the agency, the governing body, or a member acting in an
official capacity; or
C. Litigation or legal risks of a proposed action or current practice that the
agency has identified when public discussion of the litigation or legal
risks is likely to result in an adverse legal or financial consequence to
the agency.
c) The Council may adjourn into executive session even if it is not listed on the
meeting agenda. There is a requirement in RCW 35A.12.1606 that the public be
made aware of the preliminary agendas of meetings in advance of the meeting,
but that does not mean that an item that arises after the agenda has been
posted cannot be discussed at the meeting, even in executive session. Since
final action on the matter would not be taken at the executive session, it would
not violate any provision in state law to hold an executive session at a regular
Council meeting even if the executive session was not listed on the agenda. [per
MRSC Index-General Government-Executive sessions.] Although amending the
agenda is not required in order to adjourn into executive session, it is a good
practice for the Chair to announce at the beginning of the meeting, that the
Council will be adjourning into an executive session at the end of the regular
meeting.
5. Quorum
Four members of the Council shall constitute a quorum thereof for the transaction of
business. Except as otherwise specified by law or City Charter, a majority vote of
the Council members shall be required and shall be sufficient to transact any
business before the Council.
6. Emergency meetings
a) Emergency meetings of the Council may be called by the Mayor or any two
Council members pursuant to RCW 42.14.075. RCW 42.14.075 provides:
Whenever, due to a natural disaster, an attack or an attack is imminent, it
becomes imprudent, inexpedient or impossible to conduct the affairs of a political
subdivision at the regular or usual place or places, the governing body of the
political subdivision may meet at any place within or without the territorial limits of
the political subdivision on the call of the presiding official or any two members of
the governing body.
9
ii
b) Meeting time, location, and notice requirements do not apply to emergency
meetings called for emergency matters as permitted by RCW 42.30.070, RCW
42.30.080, and RCW 42.14.075. RCW 42.30.070 in the Open Public Meetings
Act provides: "If, by reason of fire, flood, earthquake, or other emergency, there
is a need for expedited action by a governing body to meet the emergency, the
presiding officer of the governing body may provide for a meeting site other than
the regular meeting site and the notice requirements of this chapter[the Open
Public Meetings Act] shall be suspended during such emergency." RCW
42.30.080 provides: "(4) The notices provided in this section [RCW 42.30.080]
may be dispensedinvolvingwith in theor ma
emergency injury damageeventa tospecialpersons or
eetingpropertyis called
ortof hede likelihoodlwithan of
such injury or damage, when time requirements of such notice would make
notice impractical and increase the likelihood of such injury or damage."
c) At an emergency meeting, one or more Council members up to and including all
members of Council, may attend and vote by any electronic means (e.g.,
speakerphone or video) utilized by the Council for such purpose.
d) Emergency meetings are open to the public, unless the meeting is an exempt
emergency executive session pursuant to RCW 42.30.110 entitled "Executive
sessions."
7. Use of electronic devices during Council meetings
Council members will avoid utilizing electronic devices for the purposes of sending or
receiving messages during the course of a Council meeting. Accessing such
communication during a Council meeting could be construed as receiving public
comment without the benefit of having the person sending the communication
present in person to address their concerns. Addtionally, Council members will
avoid using electronic devices during a Council meeting for any purpose other than
relevant City business so that each Council member's full attention can be on the
business being conducted.
D. PROCEDURE - ORDER AND DECORUM
1. Chair to decide who is entitled to the floor
If two or more members of the Council desire to be heard at the same time, the
Chair shall name the member who is to speak first.
2. Seating policy
The Mayor shall sit at the center of the Council. The Assistant Mayor shall sit
immediately to the right of the mayor. With the exception of special circumstances
medical necessity, etc.), all other Council members are to be seated in a manner
acceptable to the Council. If there is a dispute over seating, Council members, other
than the Mayor and Assistant Mayor, will be seated in district position order from left
to right (while facing the dias).
3. Reading of ordinance/resolution title
When an ordinance or resolution is to be considered by the Council, prior to any
discussion or debate, the title of the ordinance or resolution to be considered will be
read aloud by the City Clerk.
10
E. PROCEDURE - MOTIONS
1. Form of motion
Every motion, except motions to adjourn, postpone or commit, shall be reduced to
writing if the Chair or any member of the Council requests it, but otherwise motions
may be made orally and shall be noted by the City Clerk.
2. Motion to be restated
When a motion is made, it shall be restated by the Chair or City Clerk before debate
begins.
3. Second required
A second to any motion of the Council shall be required.
4. Withdrawing a motion
After a motion is stated by the Chair or read by the City Clerk, it shall be deemed in
the possession of the Council, but may be withdrawn at any time before division or
amendment by the unanimous consent of the Council.
5. Motions in order during debate
When a question is under debate, no motion shall be received except:
a) To fix the time to adjourn.
b) To adjourn.
c) To refer an item to a committee.
d) To lay on the table.
e) To postpone to a day certain.
f) To postpone indefinitely.
g) To amend.
h) To recess.
6. Motion to adjourn always in order- Exceptions
A motion to adjourn shall always be in order except when the Council is voting and
except when a previous motion to adjourn having been defeated, and no intervening
business has been transacted. However, this rule shall not authorize any member to
move an adjournment when another member has the floor.
7. Motion to table temporary only
The passage of a motion to lay on the table shall have only the effect of disposing of
the matter temporarily in order to address a matter of emergent importance, and the
tabled matter may be taken from the table at any time by order of the Council.
8. Motions to postpone or refer
No motion to postpone to a day certain or indefinitely, or to refer to a committee,
being decided in the negative, shall again be allowed on the same day and at the
same state of a proposition.
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9. Motions must be germane
No motion or proposition on a subject different from that under consideration is in
order and no such motion or proposition shall be admitted as an amendment.
10. Motions to refer or postpone preclude amendments
A motion to refer an item to a committee, until it is decided, shall preclude all
amendments and debate on the main question, and a motion to postpone indefinitely
or to a day certain, until it is decided, shall preclude all amendments on the main
question.
11. Questions not debatable
Motions to adjourn to take a recess, to lay on the table, or to take from the table
shall be decided without debate and all incidental questions of order arising after any
such motion is made, and pending decision thereon, shall be decided whether on
appeal or otherwise without debate.
12. Division of question
If a question or proposition submitted to the Council contains several points, any
member may have the same divided and each point considered separately; but on a
motion to strike out or insert, it shall not be in order to move for a division of the
question, but the rejection of a motion to strike out or insert one proposition shall not
prevent a motion to strike out or insert a different proposition.
13. Call for the question (Previous Question motion)
A motion to call for the question shall close debate on the main motion and is
nondebatable. This motion must receive a second and fails without a two-thirds (2/3)
vote. Debate is reopened if the motion fails.
14. Council consensus
When the Council concurs or agrees with an item that does not require a formal
motion, the Chair will summarize the Council's consensus (meaning general
agreement by all Council members) at the conclusion of the discussion. If any
Council member objects, a formal vote will be taken on the motion.
F. PROCEDURE - RECONSIDERATION
1. Who may move to reconsider
After the question has been decided, any Council member who voted in the
majority may move for a reconsideration of the original motion. The motion for
reconsideration must be made at the same meeting or the next regular
meeting.
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G. PROCEDURE - DEBATE
1. Substitute motions
All so-called substitute motions and resolutions (except such matter as may be
reported by a committee to which a proposition has been referred) shall be
considered as amendments only, and shall be subject to the rules relating thereto.
2. Amendments must be germane
All amendments must relate to the same subject as the original motion, resolution,
proposition or ordinance.
3. Tabling amendment- Not to prejudice motion
An amendment may be laid on the table without prejudice to the main motion or
question. When an amendment proposed to any pending measure shall be laid on
the table, such action shall not carry with it or prejudice such measure.
4. Order of action
If any amendment is offered, the question shall be first upon the amendment.
5. Order of discussion/debate
After the title of an ordinance or resolution has been read (see Section D—3 herein),
the Chair will request a staff report(s), if necessary, be given. Following the staff
report(s), the Chair will entertain a motion to adopt or deny the ordinance or
resolution. If the motion receives a second, the Chair or City Clerk will restate the
motion, and the Chair will then invite discussion by the Council. The maker of the
motion will be given the choice to speak first. Each Council member will then be
allowed to speak once before any other Council member may speak for a second
time. At such time as is reasonable, or when a "call for the question" motion is
made, seconded, and approved, the Chair will close discussion/debate and the
original motion will be voted on in accordance with Section H herein.
H. PROCEDURE -VOTING
1. Roll call on final passage
The vote upon the final passage of all ordinances and resolutions shall be by ayes
and nos given by members of the Council individually on roll call. The names of the
members on such roll call shall be called alphabetically and rotated after each vote.
On other questions the vote shall be taken orally in the manner hereinafter provided,
PROVIDED that a roll call shall be ordered on the vote on any other question when
demanded by the Chair or any two members of the Council. Votes taken on roll call
shall be recorded by the City Clerk and reported to the Chair, who shall announce
the result. In recording votes on roll call, the City Clerk shall record and report those
absent or not voting.
2. Voting or changing vote after decision announced
When a vote is taken on roll call on any question, no Council member shall be
permitted to vote or to change her/his vote after the decision is announced by the
Chair.
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3. Changing vote before decision is announced
On any such vote, any member may change his/her vote before the decision of the
question has been announced by the Chair.
4. Council members required to vote - Late voting
Every member of the Council shall, when a question is put or when his/her name is
called, vote unless a member shall, for a special reason, be excused as
hereinbefore provided, or unless she/he has a direct personal or financial interest in
the event of such question
5. Putting the question - Division
Except as hereinbefore provided, the Chair shall put questions in this form:
Those who are in favor(as the question may be) say 'Aye'.
After the affirmative vote is expressed he/she shall say,
Those who are opposed, say 'No',"
If she/he doubts the result of the oral vote, or if a division be called for by any
member of the Council, the Council shall divide. In such division those in the
affirmative shall vote first and afterward those in the negative.
I. PROCEDURE - ORDER OF BUSINESS
1. Roll call - Minutes of previous meeting
a) At all meetings before proceeding to business, the roll of the Council members
shall be called and the names of those present and those absent shall be entered
into the record.
b) Minutes of the previous meeting may be approved by any two members of the
Council who attend that meeting by their signing of those minutes as being
approved.
2. Agenda for meetings
As provided for in the City Charter and in accordance with RCW 35.18.060 (5), the
City Manager shall prepare a written agenda for each meeting of the Council as far
in advance thereof as possible and shall provide such agenda ito each member of
the Council prior to the commencement of the meeting.
3. Special order of business
The Council may at any time on motion supported by a majority vote of the members
of the Council proceed out of order to any item of business.
14
4. Public comment
Community members are invited to address items which are not listed on the
business meeting agenda. A guideline of three (3) minutes per speaker is in place
in order to allow as much opportunity as possible for audience participation. The
time allowed for all speakers may be extended or reduced at the discretion of the
Chair and/or the consensus or vote of the Council.
J. PROCEDURE -ADOPTION OF ORDINANCES, RESOLUTIONS AND MOTIONS
1. Introduction and form -Working copies
Every ordinance and resolution proposed shall be introduced in writing in form for
final passage and may be sponsored by any member of the Council. The Council at
any time may require the City Manager, with the assistance of the Legal Department
or other City staff, to prepare working copies of proposed ordinances or resolutions
showing what changes, if any, will be accomplished in existing ordinances or
resolutions.
2. Passage on first reading
All resolutions and motions and all ordinances, except those appropriating funds,
may be passed upon first reading, and shall take effect as provided by applicable
law and the City Charter.
3. Hearings
In all cases provided by applicable law and in such other cases as the City Council
by resolution may determine, hearings shall be had upon proposed ordinances upon
the giving of proper notice and all persons interested therein shall be given an
opportunity to be heard.
4. Ordinances and resolutions adopted - Signing, deposit and publication
Upon final passage, every ordinance and resolution shall be signed by the Mayor or
his/her designee and attested by the City Clerk under the seal of the City of Yakima
and shall thereupon be deposited in the office of the City Clerk. The City Clerk shall
thereupon cause the title of all ordinances to be forthwith published in the manner
required by applicable law.
K. PROCEDURE - SUSPENSION OF RULES
These rules of the Council shall not be suspended without the vote of a majority of all of
the members of the Council.
L. PROCEDURE - ROBERT'S RULES OF ORDER
The rules of parliamentary procedure contained in Robert's Rules of Order, Newly
Revised, shall govern the Council in all matters of procedure not specifically provided for
herein and to which they are applicable.
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M. AMENDMENT
These rules or procedures may be amended at any meeting of the Council held after the
proposal to amend the rules has been properly noticed, upon a two-thirds vote of all of
the members of the Council.
N. RECORDING OF RULES
These rules and all subsequent amendments thereto shall be recorded by the City Clerk
and kept by him/her for the recording of ordinances and resolutions and each member
of the Council shall be furnished with a copy thereof in form convenient for reference.
16
Addendum to Council Rules of Procedure
COUNCIL APPROVED POLICIES
PAGE
POLICY APPROVED 9/27/16 2
Board & Committee appointments
POLICY APPROVED 6/7/16 3
Interpreter at Council Business meetings
POLICY APPROVED 2/17/16 4
Council members voting on Boards that receive City Funding
POLICY APPROVED 2/15/11 5
Opening invocations before meetings of the City Council
1
Yakima City Council
Policy for Appointments to Board, Committee and Commission
Vacancies
Approved by Council on 9/27/16)
At the September 27, 2016, City Council Retreat, the Council approved the following policy
for appointments to City board, committee, and commission vacancies by the City Council.
1.) In regard to an incumbent member of a board, committee, or commission whose
term of office is scheduled to expire within three months or less, the City Clerk's
office will notify the full Council of the upcoming term expirations and advertise the
opening. If the incumbent would like to continue serving, they will need to reapply for
the position.
2.) When vacancies occur and there are no applications on file, the City Clerk, in
conjunction with the Communications and Public Affairs Director, will notify the full
council of the vacancy and will advertise any vacancies on boards, committees, and
commissions across the City's multiple communications platforms (City website,
Facebook page, Twitter feed, news releases, YCTV and Y-PAC infographics, video
bulletin boards, etc.).
3.) As applications are received, the City Clerk forwards them to the chair of(or the
staff liaison to) the board, committee or commission with an opening(s). A
recommendation(s) regarding the applicant(s) may be offered to the Council
Nominating Committee by the chair of the board, committee, or commission for
which applications are received. The applications, any chair recommendations, and
the function and responsibilities of the board, committee, or commission for which
applications are received are then provided to the Council Nominating Committee.
If an applicant is currently serving on another City board, commission, or committee,
the Council Nominating Committee will not consider her/his application for a
different body.
4.) The Council Nominating Committee then evaluates each application, reviews
backgrounds and references, and may interview applicants. Whether interviews are
conducted is dependent on a variety of factors, including the number of applications,
the qualifications of applicants, and the requirements of the board, committee, or
commission for which applications have been received. The Council Nominating
Committee then makes recommendations regarding filling board, committee, or
commission vacancies, which are presented at the next Council business meeting
for consideration and action.
2
Yakima City Council
Interpreter at Council Business Meetings policy
Approved by Council on 6/7/16)
A professional English-to-Spanish interpreter will be available at the two Council business
meetings regularly scheduled to take place each month. If interpreter services are not
needed within an hour of the beginning of a Council business meeting, the interpreter
present will be allowed to leave the meeting. For other Council meetings (i.e. special
meetings, executive sessions, study sessions, retreats, committee meetings, etc.), the City
will provide interpreter services only if the issue(s) to be discussed is expected to draw a
large crowd (based upon the determination of the mayor and/or city manager) or if
interpreter services have been requested as per this policy. Interpreter services can be
requested for Council meetings by contacting the Yakima City Clerk's office not less than
forty-eight (48) hours prior to the start of such meeting. If during a meeting it is necessary
for a speaker's comments to be interpreted so that Council members and others in
attendance may understand them, the time required for interpretation will not be counted
against the designated time for speakers to address the Council.
Yakima City Council
Council members voting on Boards that receive funding from the City
Approved 2-17-16 Study Session)
MOTION: Coffey moved and Adkison seconded that Council members not be voting
members on any board that receives funding from the City, with the exception of
those otherwise authorized by law. The motion carried by a 6-1 vote, Lover voting no.
3
Yakima City Council
Policy for opening invocations before meetings of
the City Council
Approved by Council 2/15/11
Mark Kunkler, Sr. Assistant Attorney, introduced the proposed resolution outlining a policy
regarding invocations at Council meetings. It is a format provided by the Alliance Defense
Fund that has been modified to fit our city format. Using this format, a Council-led
invocation would not be listed as an agenda item; the invocation and Pledge of Allegiance
would occur before the gavel sounds that starts the meeting; there will be disclosure
language on the agenda advising the public of the invocation and voluntary participation;
and the policy establishes procedures for rotation limiting the number of invocations a
Council member would lead. The City Clerk read the resolution by title, EDLER MOVED
AND ETTL SECONDED TO ADOPT THE RESOLUTION.
CAWLEY MOVED AND ENSEY SECONDED TO AMEND THE MOTION TO REPLACE
THE FIVE-TIME LIMIT IN A YEAR PARTICIPATION IN LEADING THE INVOCATION
WITH TEN TIMES. The amending motion carried by a unanimous roll call vote; Coffey
absent.
ETTL MOVED AND ADKISON SECONDED TO AMEND THE MOTION TO PUT THE
PLEDGE OF ALLEGIANCE BACK IN AS PART OF THE MEETING. The amendment
carried by a unanimous roll call vote; Coffey absent. The vote on the original motion as
amended carried by unanimous roll call vote; Coffey absent.
4
STANDARD MOTIONS
AND
RULES OF PROCEDURE
OF
THEYAKIMA CITY COUNCIL
Revised August- 20'14---2018
A. On receipt of Notiee of Intention to Commence Annexation Proceedings:
Edatvac . tho e
B. At meeting with initiating parties:
nl m a than 1
of Intention-to A„„eu he (:ked with-the
C. On receipt of Petition for Annexation:
1 that L.e Petri,... f r A tiiiccurio..rr kiRnleS--t}I Petttieneem.
iear ng-Exa er-for--Study-a-'ecommef dat-kon -iind hat-
rr
Exact wording to be typed in the minutes on this Motion, I B)
City of Yakira--aka
Yakima County Boundery—Review—B6ercdr— e-—above—MOTION—was—made—by
seconded by and carried, voting
aye-byvoice-vete.
II. REZONE PROCEDURE:
A.
hea natter of
1
I -- VACATION PROCED E
A. On receipt of Petition for Vacation:
n
ree or
casement). as set forth in Petition No. be referred
tt
tt
IV. LID. PROCEDURE
A. On receipt of petition for an L.I.D."
I
t
V.
I that the Deport of the f ity Treasurer dated rdate)ding e
completion— of Works contracts
NAME) be approved,
authorized."
A. Amendment of proposed ordinance
I. To amend an entire section:
2. To-partially- a-sect-itn :
2
I move tha
1
3. To provide for an emergency clause:
I move that Section of-the posed ofcl mended-to--read
ems:
1-
f the r U d
c-m--n T-vr- aicricl&-uica-uii
Charter.' "
4. To provide for a 30-dame:
I move that Section of the props
ads:
This ordinance shall be , full F,.ree nd effe . 30 days after its E.nal
1 11
11
cal
C.
11
be 1 dater"
I move that this meeting be adjourned to (day and d ), at the hour of(time
p.m.). to then
3
Yakima City Council
Rules of Procedure
Introduction
The Yakima City Charter gives the City Council the authority to "...adopt rules of order and
regulations for the conduct of its business." The Council has adopted these Rules of
Procedure to clarify the duties and responsibilities of Council members, how meetings of the
Council will be conducted and how Council members may participate in meetings, types of
meetings the Council may conduct, and other formalities regarding the efficient and
effective conduct of the Council's business.
These Rules of Procedure are intended to serve as a summary guide to the conduct of
Council business. Many of the provisions within these Rules of Procedure reference the
Yakima City Charter, state statute, or other applicable law related to the conduct of Council
business. Some of the provisions within these Rules of Procedure are based on elements
of Roberts Rules of Order Newly Revised, and some provisions reflect the preference of the
Council concerning how its business is conducted.
In accordance with the Yakima City Charter and state statute, the Council serves as the
legislative branch of the City of Yakima. The City Council consists of seven elected
officials, each elected to four-year terms. Individual Council members do not have
governing power as individuals, but only when meeting as a Council when a quorum (four or
more) are present. The Council is the law-making, policy-making, and budget and spending
approval authority of the City government. The Council hires, directs, guides and evaluates
the performance of the City Manager. As provided for in the Yakima City Charter, the City
Manager shall be appointed for an indefinite term and may be removed by a majority vote of
the Council.
In accordance with the Yakima City Charter and state statute, the City Manager is the chief
executive officer of the City and the head of the executive branch of the City government.
The duties and responsibilities of the City Manager are defined in the Yakima City Charter.
The City Manager is directly accountable to the City Council for the execution of the City
Council's policy directives and for the administration and management of all City
departments. Balanced with the City Manager's accountability to the City Council for policy
implementation is the need for the Council to allow the City Manager to perform her/his
legally-defined duties and responsibilities without interference by the City Council in the day-
to-day management decisions of the City Manager. All City staff work under the direction of
the City Manager, who is directed by the City Council. The Council and its members deal
with City staff through the City Manager.
These Rules of Procedure will evolve as conditions dictate. They are intended to be flexible
and adaptable to specific circumstances. In accordance with best practices, these Rules of
Procedure should be reviewed and evaluated on a regular basis and amended as
necessary.
4
RULES OF PROCEDURE
OF
THE YAKIMA CITY COUNCIL
A. ORGANIZATION
1. Election of Mayor and Assistant Mayor:
The Council of the City of Yakima immediately after its election and
qualification shall elect from among the members a Mayor and Assistant
Mayor.
2. The Mayor is the Chairman of Council Meetings.
The Mayor shall preside as the Chairman of all meetings of the Council and
shall have the general direction of the meetings.
3. Chairman may call Member-member to Chairchair-
The Mayor or any other member of the Council who may be acting as Chairman
at a meeting of the Council may call any member of the Council to the Chair to
occupy same temporarily and such member shall be vested with all the powers
of the Chairman while so presiding. Such a substitution shall not extend
beyond an adjournment.
4. Duties of the Mayor.
It shall be the general duty of the Mayor as Chairman of the Council:
a) To take the chair every day precisely at the hour for which the meeting of
the Council has been called or to which the Council may have adjourned
and immediately to call the Council to order; and proceed with the daily
order of business.
b) To announce the business before the Council in the order in which it is to
be acted upon.
c) To receive and submit in the proper manner all motions and propositions
presented by the members of the Council.
d) To put to vote all questions which are properly moved, or which
necessarily arise in the course of proceedings, and to announce the
result thereof.
e) To inform the Council when necessary, or when referred to for that
purpose, on any point of order or practice. In the course of the discharge
of this duty she/he shall have the right to call upon the City Attorney or
any legal-member of the Legal Ddepartment for advice.
f) To authenticate by his/her signature when necessary, or when directed
by the Council, all the ordinances and resolutions, and all the acts, orders
5
and proceedings of the Council, and entries in the official journal record
of the Council when the same have been approved by it.
g) To maintain order at the meetings of the Council, for which purpose
she/he shall have the right to call upon the Chief of Police and any and all
other officers of the Police Department for assistance.
5. Duties of Assistant Mayor
The Assistant Mayor, during the absence of the Mayor, shall have and perform
all the duties and functions of the Mayor.
6. Temporary Chairman..
In the event of the absence of or disability of both the Mayor and the Assistant
Mayor, the Council shall elect a temporary eChairman to serve until the Mayor
or Assistant Mayor so absent or disabled shall return or the disability shall be
removed, as the case may be. In such event, the temporary sChairman shall
have all the powers and perform the functions and duties herein assigned to the
Mayor and Chairman of the Council.
7— -- Clerk of
City;
of the ncil 'he-Clerk of the-Councill`shalt
provided--by--erdinanse—and-
Council.
B. RIGHTS AND DUTIES OF MEMBERS
1. Duty to Vote -Absentation.
Every member of the Council present at a meeting where a vote is taken on
any proposal shall vote thereon unless excused. A member desiring to be
excused from voting may, when his/her name is called, make a brief
statement, net-exceeding five minutes-giving the reasons for making such a
request, and the question of excusing her/him shall then be decided by vote of
the other members of the Council.
2. Explaining Voter
Any member of the Council desiring to explain his/her vote when her/his name
is called shall be allowed a like opportunity.
3. Attendance by speakerphone or video
From time to time, a Council member may not be able to be physically present
at a Council meeting or a Council committee meeting, but will want to be
involved in the discussion for the entire agenda, and/or a decision for a
particular agenda item or items. The procedure and guidelines for permitting a
Council member to attend a Council meeting or Council committee meeting by
speakerphone or video conferencinq is in this section.
A. Limitations on attendance by speakerphone or video
6
Attendance via speakerphone or video should be the rare exception, not the
rule.
Council members may attend regular meetings, special meetings, study
sessions, or executive sessions by speakerphone or video. Attendance by
speakerphone or video at those types of Council meetings is limited to two
times per year total per Council member. Only two Council members at one
time may attend any of those meetings telephonically or by video. Attendance
by speakerphone or video by a Council member at both a business meeting
and an executive session, if any, at the same Council meeting is counted as
one participation by attendance by speakerphone or video.
In addition to the above limits, a Council member also may attend Council
committee meetings by speakerphone or video Attendance at committee
meetings is limited to two times per year per Council member. Only one
Council member may attend a committee meeting by speakerphone or video at
one time.
The following rules on attendance by speakerphone or video apply to quasi-
judicial hearings and public hearings
1. Speakerphone or video attendance of a Council member on a quasi-judicial
matter at a Council meeting is not allowed.
2. Attendance by speakerphone or video is not allowed for other public
hearings where maps, display boards, power point presentations, or similar
graphic presentations are being utilized, unless the Council member
participating by video clearly can see the documents through full visual
capability.
A. Quorum
A Council member who is connected remotely to the telephone line in the
meeting place or by video shall be considered to be actually present at that
meeting for the period of time he or she is so connected, and that presence
shall count toward a quorum of the Council or committee for all purposes.
B. Attendance — Procedure
1. The Council Member attending via speakerphone or video
a._ must be able to hear the discussion on the agenda item taking place in
the Council Chambers, and
b. must be able to be heard by all present in Council Chambers.
2. When the Council meeting begins or when the particular agenda item is
ready to be discussed, the Mayor (or presiding officer, if the Mayor is not
physically present) should state for the record:
a.. Let the record reflect that Council Member is
attending by speakerphone for video for (the entire meeting] or
Agenda Item No relating to
1.
7
b. Council Member can you hear me? (There must
then be a clearly audible response in the affirmative.)
c. Let the record reflect that Council Member who is
attending by speakerphone for video), can be heard by all present in
Council chambers.
3. Upon conclusion of the meeting or the particular agenda item,the Mayor
or presiding officer, if the Mayor is not physically present) should state:
a. Council Member the meeting is adjourned) or
discussion on Agenda Item No. has concluded). Thank for
your attendance via speakerphone for video). The telephone
connection will now be terminated. [Connection should be terminated
at this time.)
b. [If the Council Member ends his or her participation before the
conclusion of the Council meeting) Let the record reflect Council
Member s attendance via speakerphone [or video] has been
terminated. [Next on the agenda is...)
C. Requirements of the system(s)
Any communications system utilized shall reliably permit all persons attending
whether they are physically in the Council chamber or in remote location(s) -
to be clearly heard by all others and to clearly hear all audio content of the
meeting. If the Council member who is not physically present is
communicating by video, such communications system shall reliably permit all
attendees, whether in the chamber or in a remote location, to be clearly seen
by all others and to clearly see all visual content, if applicable, that is
determined by the Council to be crucial to the understanding of matters
discussed. The communication system(s) used in the course of Executive
Sessions shall be reasonably secure from unauthorized access.
D. Notification
If a Council Member wishes to attend a Council meeting or Council committee
meeting by speakerphone or video for the entire agenda or for an agenda
item(s), the Council Member should notify the City Clerk or designee of his or
her intent no later than two working days prior to the meeting for which he or
she wishes to attend via speakerphone. The City Clerk or designee shall
immediately advise the presiding officer and the City Manager of the proposed
telephonic participation. To attend a Council meeting or committee meeting by
telephone, a Council member shall have received in advance all materials for
the meeting.
member any---ffers
pair member agaif st---the-mete-.of-a
present tted:
4. Notification of a Ms-Council member's aAbsence from a Council
Ssession.
8
Members of the Council may be excused from attending a City Council meeting
t contacting the Mayor prior to the meeting and stating the reason for her/his
inability to attend. If the member is unable to contact the Mayor, the member
shall contact the City Manager, who shall convey the message to the Mayor.
Following roll call, the Chair shall inform the Council of the member's absence,
state the reason for such absence, and inquire if there is a motion to excuse the
member. This motion shall be nondebatable. Upon passage of such motion by a
majority of members present, the absent member shall be considered excused
and the Clerk will make an appropriate notation in the minutes. Council
members who do not follow the above process will be considered unexcused
and it shall be so noted in the minutes. A motion to excuse a Council member
may be made retroactively at the next meeting.
Members of the Council will notify the Mayor -or-City--Clerk--prior--to-being-late- or
absent from a regular or special Council session.
5. Council member terms and oath of office
In accordance with RCW 29A.60.280, the term of incumbent Council members
ends and the term of the successor begins after the successor is elected and
qualified and the term commences immediately after December 31s' following
the election except 1) Where the term of office varies from the standard
according to RCW 29A.60.280, and, 2) If the election results have not been
certified prior to January 1 s' after the election, in which event the time of
commencement of the new term occurs when the successor becomes
qualified" (see definition below) in accordance with RCW 29A.04.133.
Under RCW 29A.04.133, "qualified", as it pertains to a winner of an election.
means that for such election: 1) The results have been certified; 2) Any
required bond has been posted; and, 3) The winner has taken and subscribed
an oath in compliance with the appropriate statute, of if none is specified, that
he/she will faithfully and impartially discharge the duties of the office to the best
of her/his ability. This oath or affirmation shall be administered and certified by
any officer or notary public authorized to administer oaths, without charge
therefor.
In accordance with RCW 29A.60.280, the oath of office must be taken as the
last step of qualification as defined in RCW 29A.04.133 but may be taken
either: 1) Up to ten days prior to the scheduled date of assuming office; or, 2)
At the last regular meeting of the Council held before the winner is to assume
office.
6 Council representation
a) Council members who meet with, speak to, or otherwise appear before a
community group or another governmental agency or representative must
clearly state if his/her statement reflects her/his personal opinion, if it is the
official stance of the City, or if it is the majority or minority opinion of the
Council.
b) When Council members represent the City or attend meetings in an official
capacity as Council member, they must support and advocate the official
City position on an issue, not a personal viewpoint.
9
c) Once the City Council has taken a position on an issue, all official City
correspondence regarding the issue will reflect the Council's adopted
position.
d) City letterhead shall not be used for correspondence of Council members
representing a dissenting point of view from an official Council position.
e) As a matter of courtesy, letters to the editor or other communication of a
controversial nature which do not express the majority opinion of the
Council, shall be distributed to the full Council so that Council members
may be made aware of the impending publication.
f) If the Council, in Executive Session, has given direction to the City
Manager on proposed terms and conditions for any type of issue, all
contact with the other party shall be done by the City Manager or other City
staff member so designated by the City Manager.
g) In accordance with a policy adopted by the City Council, the Council will
consider and process requests for letters of support submitted by non-profit
organizations regarding prospective and/or existing programs, services,
plans, proposals, applications, etc. utilizing the procedure outlined in the
policy, which includes initial review and recommendation by the Council
Partnerships Committee and eventual consideration and action by the full
Council.
h) In accordance with a policy adopted by the City Council, the Council may
consider requests to support or oppose ballot measures utilizing the
procedure outlined in the policy, which includes initial review and
recommendation by the Council Partnerships Committee regarding whether
the Council should conduct or not conduct a public hearing on the ballot
measure at issue and eventual consideration and action by the full Council.
Should the Council vote to conduct a public hearing on the request to
support or oppose a ballot measure, following such hearing the Council
may vote to support the ballot measure, vote to oppose the ballot measure,
or take no further action.
7. Filling a Council vacancy
If a vacancy occurs in the office of Council member, the Council will follow the
procedures outlined in RCW 42.12.070 and the City Charter. In order to fill the
vacancy with the most qualified person available until an election is held, the
Council will widely distribute and publish notice of the vacancy, the procedure
by which the vacancy will be filled, and how to obtain an application form.
C. MEETINGS
1. Regular meetings -- Time of Meetinmeeting
Regular meetings of the Council shall be held on the first and third Tuesdays of
each month, unless otherwise changed. Regular meetings shall convene at
6:00 pm
32. Regular meetings - Place of Meetingsmeetings._
10
a. City Hall.-
Unless notice is given pursuant to Rule C.32.b. of these Rules, all regular
meetings of the Council shall be held in the City Council
Chambersmeeting-ream on the first floor of the-City Hall and all study
session meetings shall be held either in the City Council
Chambersmeeting-room, or another properly noticed locationor e
be
of Vakima-far
a-gtad+sulaf atter-ef
b. Changed Mmeeting Rplace:
Any meeting of the Council may be held at a place other than that
required by Rule C.23.a. hereof on proper notice of a changed meeting
place,
immediately ing-place-ec-by
g' for -te the
43. Special mMeetings---Call:
Special meetings may be provided--b
Ghartercalled by the presiding officer or by any two members of the Council, as
provided for in the City Charter. Types of special meetings that may be called
include study sessions, Council briefings, retreats of the Council, joint meeting
with another elected body, and emergency meetings (see C 6 below).
54. Meetings - Items Cconsidered.
b)(a) At regular meetings of the City Council, no action shall be taken on any
item(s) not appearing on the posted agenda of such meeting except and
unless, by majority vote of the City Council members present, it is
determined that an emergency exists and that immediate action must be
taken by the City Council to address the emergency.
e)(b) Any City Council member(s) may, under"Other Business", propose that
an item(s) or issue(s) be referred to City staff for research and review,
be assigned to a specific committee of the Council for research and
review, be assigned to a specific advisory committee to the Council,
and/or be added to the agenda of the next available City Council regular
meeting so that such item(s) or issue(s) can be considered by the full
Council, provided that such a proposal receives a positive majority vote
by the City Council members present.
el}(c) In accordance with the City Charter, at special meetings of the City
Council, final disposition shall not be taken on any matter that is not
included on the posted agenda of such meeting At-speeial rmeetings-ef
theCity-Council•,, ne--item(s) net-insladed--en- posted-agenda--e€-sueh-
meeting-may--be-considered acted pon-only-unless with the
unanimous consent of all members of the City Council.
5. Executive Sessions
11
1. If the Council holds an executive session, it shall be held pursuant to the
Open Public Meetings Act, RCW Chapter 42.30. The Council may hold
an executive session during a regular or special meeting. Before
convening in executive session, the Chair shall ask for a motion from the
Council to: publicly announce the purpose for adjourning into executive
session; the approximate length of time for the executive session, and
the likelihood of the Council taking action at the close of the executive
session and return to open session.
a. At the close of the executive session and upon the Council's
return to the Council Chambers, the Chair declares that the Council
is out of executive session and asks for the appropriate motion (i.e.
an action motion or a motion to adjourn).
b. To protect the best interests of the City. Council members shall
keep confidential all verbal and written information provided during
executive sessions. Confidentiality also includes information provided
to Council members outside of executive sessions when the
information is considered exempt from disclosure under the Code of
Ethics for Municipal Officers (RCW 42.524) and/or the Public
Records Act (RCW 42.565).
2. RCW 42.30.110 explains the purpose for holding an executive session,
some of which include:
a. RCW 42.30.110(1)(b). To consider the selection of a site or the
acquisition of real estate by lease or purchase when public
knowledge regarding such consideration would cause a likelihood
of increased price (pending land acquisition);
b. RCW 42.30.110(1)(g). To evaluate the qualifications of an
applicant for public employment or to review the performance of a
public employee. However, subject to RCW 42.30.140(4) (labor
negotiations), discussion by a governing body of salaries, wages,
and other conditions of employment to be generally applied within
the agency shall occur in a meeting open to the public, and when a
governing body elects to take final action hiring, setting the salary
of an individual employee or class of employees, or discharging or
disciplining an employee, that action shall be taken in a meeting
open to the public; (note that stating that an executive session not
sufficient because only certain types of personnel matters are
appropriate for discussion in an executive session.) (review
qualifications of a public employee)
c. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate
for appointment to elective office. However, any interview of such
candidate and final action appointing a candidate to elective office
shall be in a meeting open to the public (review qualifications of an
elected official).
d. RCW 42.30.110(1)(i). To discuss with legal counsel representing
the agency matters relating to agency enforcement actions, or to
discuss with legal counsel representing the agency litigation or
potential litigation to which the agency, the governing body, or a
member acting in an official capacity is, or is likely to become, a
party, when public knowledge regarding the discussion is likely to
result in an adverse legal or financial consequence to the agency.
12
For purposes of this subsection (1)(i), "potential/pending litigation"
means matters protected by Rules of Professional Conduct (RPC)
1.6 or RCW 5.60.060(2)(a) concerning:
i) Litigation that has been specifically threatened to which the
agency, the governing body, or a member acting in an official
capacity is, or is likely to become, a party,
ii) Litigation that the agency reasonably believes may be
commenced by or against the agency, the governing body, or a
member acting in an official capacity; or
iii) Litigation or legal risks of a proposed action or current
practice that the agency has identified when public discussion of
the litigation or legal risks is likely to result in an adverse legal or
financial consequence to the agency.
3. The Council may adjourn into executive session even if it is not listed on
the meeting agenda. There is a requirement in RCW 35A.12.1606 that
the public be made aware of the preliminary agendas of meetings in
advance of the meeting, but that does not mean that an item that arises
after the agenda has been posted cannot be discussed at the meeting,
even in executive session. Since final action on the matter would not be
taken at the executive session, it would not violate any provision in state
law to hold an executive session at a regular Council meeting even if the
executive session was not listed on the agenda. [per MRSC Index-
General Government-Executive sessions.'Although amending the
agenda is not required in order to adjourn into executive session, it is a
good practice for the Chair to announce at the beginning of the meeting,
that the Council will be adjourning into an executive session at the end
of the regular meeting.
6 Notice to City-Manager.
The--Clerk-of the Council-shall serve upon the City Manager a copy of all notices
required by these rules to be served
76. Quorum
Four members of the Council shall constitute a quorum thereof for the
transaction of business. Except as otherwise specified by law or City Charter, a
majority vote of the Council members present at a meeting shall be required
and shall be sufficient to transact any business before the Council.
7 Emergency meetings
1. Emergency meetings of the Council may be called by the Mayor or any two
Council members pursuant to RCW 42.14.075. RCW 42.14.075 provides:
Whenever, due to a natural disaster, an attack or an attack is imminent, it
becomes imprudent, inexpedient or impossible to conduct the affairs of a
political subdivision at the regular or usual place or places, the governing
body of the political subdivision may meet at any place within or without the
territorial limits of the political subdivision on the call of the presiding official
or any two members of the governing body.
2 Meeting time, location, and notice requirements do not apply to emergency
meetings called for emergency matters as permitted by RCW 42.30.070,
RCW 42.30.080, and RCW 42.14.075. RCW 42 30.070 in the Open Public
13
Meetings Act provides: "If, by reason of fire, flood, earthquake, or other
emergency, there is a need for expedited action by a governing body to
meet the emergency, the presiding officer of the governing body may
provide for a meeting site other than the regular meeting site and the notice
requirements of this chapter [the Open Public Meetings Actl shall be
suspended during such emergency." RCW 42.30.080 provides: "(4) The
notices provided in this section [RCW 42.30.0801 may be dispensed with in
the event a special meeting is called to deal with an emergency involving
injury or damage to persons or property or the likelihood of such injury or
damage, when time requirements of such notice would make notice
impractical and increase the likelihood of such injury or damage."
3. At an emergency meeting, one or more Council members up to and
including all members of Council, may attend and vote by any electronic
means (e.g., speakerphone or video) utilized by the Council for such
purpose.
4. Emergency meetings are open to the public, unless the meeting is an
exempt emergency executive session pursuant to RCW 42.30.110 entitled
Executive sessions."
8. Use of electronic devices during Council meetings
Council members will avoid utilizing electronic devices for the purposes of
sending or receiving messages during the course of a Council meeting.
Accessing such communication during a Council meeting could be construed
as receiving public comment without the benefit of having the person sending
the communication present in person to address their concerns. Addtionally,
Council members will avoid using electronic devices during a Council meeting
for any purpose other than relevant City business so that each Council
member's full attention can be on the business being conducted.
D. PROCEDURE - ORDER AND DECORUM
1 Chairman to decide who entitled to the floor.
If two or more members of the Council desire to be heard at the same time, the
Chairman shall name the member who is to speak first.
2. Seating Ppolicy
The Mmayor shall sit in-Chair-#5-at the center of the da+sCouncil. The Assistant
Mayor mayor-pro-tern-shall sit in Chair#4-immediately to the right of the mayor
With the exception of special circumstances (medical necessity, etc.), all other
seating-shall be determined-by- lottery following each- Council election-cycle.
Such seating lottery--shall--be conducted between the 1-51-Council regular agenda
business--meeting of-the year-following elestion-sycle-and-the-2ndthe-2
such meeting--of--the- yearCouncil members are to be seated in a manner
acceptable to the Council. If there is a dispute over seating, Council members,
other than the Mayor and Assistant Mayor, will be seated in district position
order from left to right (while facing the dias).
3. Reading of Oordinance/Rresolution tTitle
14
When an ordinance or resolution is to be considered by the Council, prior to any
discussion or debate, the title of the ordinance or resolution to be considered
will be read aloud by the City Clerk of the Council.
E. PROCEDURE - MOTIONS.
1. Form of mMotion-
Every motion, except motions to adjourn, postpone or commit, shall be
reduced to writing if the eChair an or any member of the Council requests it,
but otherwise motions may be made orally and shall be noted by the City Clerk
of the-Council.
2. Motion to be restated- read.
When an sr-al-motion is made, it shall be restated by the Cehairman or City
Clerk and-wnr i -presented, it shall be handed to the-Clerk-of-the
C before debate begins.
3. Second required-
A second to any motion of the Council shall be required.
4. Withdrawing a motion:
After a motion is stated by the Chairman or read by the City Clerk of the
Council, it shall be deemed in the possession of the Council, but may be
withdrawn at any time before division or amendment by the unanimous consent
of the Council.
5. Motions in order during debate:
When a question is under debate, no motion shall be received except:
a) To fix the time to adjourn.
b) To adjourn.
c) To call the Council.
dc) To commit.refer an item to a committee.
de) To lay on the table.
ef) To postpone to a day certain.
fg) To postpone indefinitely.
gh) To amend.
hi) To recess.
6. Motion to adjourn always in order- Exceptions.
A motion to adjourn shall always be in order except when the Council is voting,-
and except when a previous motion to adjourn having been defeated, and no
intervening business has been transacted; _but However, this rule shall not
authorize any member to move an adjournment when another member has the
floor.
7. Motion to table temporary only:
15
The passage of a motion to lay on the table shall have only the effect of
disposing of the matter temporarily in order to address a matter of emergent
importance, and the tabled matter may be taken from the table at any time by
order of the Council.
8. Motions to pPostpone or Gemmitrefer.
No motion to postpone to a day certain or indefinitely, or to refer to a
committeec omit, being decided in the negative, shall again be allowed on the
same day and at the same state of a proposition.
9. Motions must be germane:
No motion or proposition on a subject different from that under consideration is
in order and no such motion or proposition shall be admitted underselor efas
an amendment.
10. Motions to commit refer or postpone preclude amendments,
A motion to commit—refer an item to a committee, until it is decided, shall
preclude all amendments and debate on the main question, and a motion to
postpone indefinitely or to a day certain, until it is decided, shall preclude all
amendments on the main question.
11. Questions not debatable.
Motions to adjourn to take a recess, to lay on the table, or to take from the table
shall be decided without debate: and all incidental questions of order arising
after any such motion is made and pending decision thereon shall be decided
whether on appeal or otherwise without debate.
12. Division of question:
If a question or proposition submitted to the Council contains several points,
any member may have the same divided and each point considered separately;
but on a motion to strike out or insert, it shall not be in order to move for a
division of the question, but the rejection of a motion to strike out or insert one
proposition shall not prevent a motion to strike out or insert a different
proposition.
13. Call for the question (Previous Question motion)
A motion to call for the question shall close debate on the main motion and is
nondebatable. This motion must receive a second and fails without a two-thirds
2/3) vote. Debate is reopened if the motion fails.
14. Council consensus
When the Council concurs or agrees with an item that does not require a formal
motion, the Chair will summarize the Council's consensus (meaning general
agreement by all Council members) at the conclusion of the discussion. If any
Council member objects, a formal vote will be taken on the motion.
F. PROCEDURE - RECONSIDERATION.
16
1. Who may move to reconsider
After the question has been decided. any Council member who voted in the
majority may move for a reconsideration of the original motion. The motion for
reconsideration must be made at the same meeting or the next regular
meeting.
te-pass--on-account-of-not--having-received--a_majority vote,
council-having voted--in-the--negative shall have-the-right-to-- move
fore a-ceconsideration of-such-proposition:--If-a proposition-shall pass-by- ority-vote.
any-member-having-voted--in-the---affirmative shall have the right to--move--for -a
reconsideration-of$rich-proposition-
2. Vote-required-for-Reconsideration.
Upon a--motion--to- reconsider the vote-on-any--matter,---a-majority-of---all-the
members of-the- +ncil-shall-be-required-to reconsider-the-same:
3. Time for motion to reconsider.
When-a-question has been decided-by-the-Council;-any--memberoting--with-the
prevailing-side-may-move-a-reconsideration thereof;or--give--notice
that-he-wilt-make-such-motion--within-the--time-prescribed by-the
rules--In--the-event--notice-of-intentionto-move-foF-reconsideration-is
given-no-further proceedings--shall-be-had the-proposition-in
question-4nt#--the---motion -for--- osons+deration-a ade-and
determined-or-until-the--time-for-making such motion-has--lapsed.
No motion for reconsideration-shall be in order unless made-before
the adjournment-of-the next regular meeting of the Council--after the
meeting at which-the-original motion was taken.--Such-motion--shall
take precedence-over-all-•other--motions-and--question;--except a
motion-to-ad fourr,
G. PROCEDURE - DEBATE
1 Substitute motions
All so-called substitute motions and resolutions (except such matter as may be
reported by a committee to which a proposition has been referred) shall be
considered as amendments only, and shall be subject to the rules relating
thereto.
2. Amendments must be germane
All amendments must relate to the same subject as the original motion,
resolution, proposition or ordinance.
3 Tabling amendment - Not to prejudice motion
An amendment may be laid on the table without prejudice to the main motion or
question. When an amendment proposed to any pending measure shall be laid
on the table, such action shall not carry with it or prejudice such measure.
4— Committee-amendments--tow reported-Speaking on amendments.
17
Amendments-reported by-a--semmittee-shall--refer-toy#
shall-
have the-CouF properly
inserted-by--the--GleFFk-off
the--committee's report. On an
amendment----being--moved unsil--who-has
spoken to the main estion may-speak-again-to-the-amendment,
5- feferred tB
a-committee, the reference-shall--carry-with '
such--amendment-shall--be-Fepofted--bask-to-the Council--with---the
measure.
64. Order of Aaction.
If any amendment be-is offered, the question shall be first upon the
amendment.
75. Order of Ddiscussion/Ddebate
After the title of an ordinance or resolution has been read (see Section D - 3
herein), the Chairmayor will request a staff report(s), if necessary, be given.
Following the staff report(s), the Chairmayor will entertain a motion to adopt or
deny the ordinance or resolution. If the motion receives a second, the Chair or
City Clerkrnayof will restate the motion, and the Chair will then invite discussion
by the Council. The maker of the motion will be given the choice to speak first.
Each Council member will then be allowed to speak once before any other
Council member may speak for a second time. At such time as is reasonable,
or when a "call for the question" motion is made, seconded, and approved, the
Chairmayor will close discussion/debate and the original motion will be voted on
in accordance with Section H herein.
H. PROCEDURE -VOTING
1. Roll call on final passage:
The vote upon the final passage of all ordinances and resolutions shall be by
ayes and nos given by members of the Council individually on roll call. The
names of the members on such roll call shall be called alphabetically and
rotated after each vote. On other questions the vote shall be taken viva
voseorally in the manner hereinafter provided, PROVIDED that a roll call shall
be ordered on the vote on any other question when demanded by the Chair or
any two members of the Council. Votes taken on roll call shall be recorded by
the City Clerk and reported to the Chair,chairman who shall
announce the result. In recording votes on roll call the City Clerk of-the
Council shall record and report those absent or not voting.
2. Voting or changing vote after decision announced
When a vote is taken on roll call on any question, no Council member shall be
permitted to vote or to change her/his vote after the decision is announced by
the Cshair.
l8
3. Changing vote before decision announced.
On any such vote, any member may change his/her vote before the decision of
the question has been announced by the Cchair.
4. Council members required to vote - ILate voting:
Every member of the Council shall, present when a question is put; or when
his/her name is called, shall vote unless a member shall, for a special reason,
be excused as hereinbefore provided, or unless she/he has a direct personal or
pecuniary-financial interest in the event of such question. In case the vote is on
enter4ng-#he shamber--a#ter-the-question-is
put-and--before-it-is_decided;-+may-have-the question stated record-his--vete-and
be-sounted:
5. Puttina the question - Division:
Except as hereinbefore provided, the Cchairrnan shall put questions in this
forme-wit:
As many asThose who are in favor(as the question may be) say 'Aye'.
After the affirmative vote is expressed he/she shall say,
Asriaany--asThose who are opposed, say 'No',"
If she/he doubts the result of the oral vote_viva--vote, or if a division be called for
by any member of the Council, the Council shall divide. In such division those
in the affirmative shall vote first and--be--eeunted;-and
afterward those in the negative.
PROCEDURE - ORDER OF BUSINESS.
1. Roll call - Minutes of previous meeting:
a) At all meetings before proceeding to business, the roll of the Council
members shall be called and the names of those present and those
absent shall be entered intoon the record.
b) Minutes of the previous meeting may be approved by any two members
of the Council who attend that meeting by their signing of those minutes
as being approved.
2. Agenda for meetings.
As provided for in the City Charter and in accordance with RCW 35.18.060 (5),
Tthe Clerk-of-the CeuncilCity Manager, nager,
shall prepare a written agenda for each meeting of the Council as far in
advance thereof as possible and shall place--provide such agenda in the
handsto of-each member of the Council prior to the commencement of the
meeting. agendadelivered-te-the-members-ef--the--Coancif-at
Iadvanceg-whenever-pessible:
3. Special order of business:
19
The Council may at any time on motion supported by a majority vote of the
members of the Council present proceed out of order to any item ofa business
or passed.
4. Public comment
Community members are invited to address items which are not listed on the
regular-business meeting agenda. A guideline of three (3) minutes per speaker
is in place in order to allow as much opportunity as possible for audience
participation. A—speaker's-tiaieThe time allowed for all speakers may be
extended or reduced at the discretion of the mayor-Chair and/or the consensus
or vote of the Council.
J. PROCEDURE -ADOPTION OF ORDINANCES, RESOLUTIONS AND —MOTIONS.
1. Introduction and form -Working copies:
Every ordinance and resolution proposed shall be introduced in writing in form
for final passage and may be sponsored by any member of the Council. The
Council at any time may require the City Manager with the
assistance of the Legal Department or other City staff, to prepare working
copies of proposed ordinances or resolutions showing what changes, if any, will
be accomplished in existing ordinances or resolutions.
2. Passage on first reading.
All resolutions and motions and all ordinances, except those appropriating
funds, may be passed upon first reading, and shall take effect as provided by
applicable law and the City Charter.
3. Hearings-
In all cases provided by applicable law and in such other cases as the City
Council by resolution may determine, hearings shall be had upon proposed
ordinances upon the giving of proper notice; and all persons interested therein
shall be given an opportunity to be heard.
4. Ordinances and resolutions adopted - Signing, deposit and publication.,
Upon final passage, every ordinance and resolution shall be signed by the
Mayor or his/her designee and attested by the City Clerk under the seal of the
City of Yakima and shall thereupon be deposited in the office of the City Clerk.
The City Clerk shall thereupon cause the title of all ordinances to be forthwith
published in the manner required by applicable law.
K. PROCEDURE - SUSPENSION OF RULES
These rules of the Council shall not be suspended without the vote of a majority of all
of the members of the Council.
L. PROCEDURE - ROBERT'S RULES OF ORDER.
20
The rules of parliamentary procedure contained in Robert's Rules of Orders Newly
Revised,-for Delibefative--Assemblies shall govern the Council in all matters of
procedure not specifically provided for herein and to which they are applicable.
M. AMENDMENT.-
These rules or procedures may be amended at any meeting of the Council held after
not lees a the proposal to amend the rules has been
properly noticed, upon a two-thirds vote of all of the members of the Council.
N. RECORDING OF RULES-
These rules and ail subsequent amendments thereto shall be recorded by the City
Clerk andin the book kept by him/her for the recording of ordinances and resolutions
and each member of the Council shall be furnished with a copy thereof in form
convenient for reference.
21
COUNCIL APPROVED POLICIES
PAGE
POLICY APPROVED 9/27/16 2
Board & Committee appointments
POLICY APPROVED 6/7/16 3
Interpreter at Council Business meetings
POLICY APPROVED 2/17/16 4
Council members voting on Boards that receive City Funding
PO 414 1-7
hey-businessLADDED TO RULES OF
PROCEDURE
5
6
Letters of support ADDED TO RULES OF PROCEDURE
POLICY APPROVED 2/15/11 7
Opening invocations before meetings of the City Council
8
Council members do not take a stand on initiatives DUPLICATE OF 4/1/8
POLICY
9
Ballot measure support/opposition consideration process ADDED TO
RULES OF PROCEDURE
1
Yakima City Council
Policy for Appointments to Board, Committee and Commission
Vacancies
Approved by Council on 9/27/16)
At the September 27, 2016, City Council Retreat, the Council approved the following policy
for appointments to City board, committee, and commission vacancies by the City Council.
1.) In regard to an incumbent member of a board, committee, or commission whose
term of office is scheduled to expire within three months or less, the City Clerk's
office will notify the full Council of the upcoming term expirations and advertise the
opening. If the incumbent would like to continue serving, they will need to reapply for
the position.
2.) When vacancies occur and there are no applications on file, the City Clerk, in
conjunction with the Communications and Public Affairs Director, will notify the full
council of the vacancy and will advertise any vacancies on boards, committees, and
commissions across the City's multiple communications platforms (City website,
Facebook page, Twitter feed, news releases, YCTV and Y-PAC infographics, video
bulletin boards, etc.).
3.) As applications are received, the City Clerk forwards them to the chair of(or the
staff liaison to) the board, committee or commission with an opening(s). A
recommendation(s) regarding the applicant(s) may be offered to the Council
Nominating Committee by the chair of the board, committee, or commission for
which applications are received. The applications, any chair recommendations, and
the function and responsibilities of the board, committee, or commission for which
applications are received are then provided to the Council Nominating Committee.
If an applicant is currently serving on another City board, commission, or committee,
the Council Nominating Committee will not consider her/his application for a
different body.
4.) The Council Nominating Committee then evaluates each application, reviews
backgrounds and references, and may interview applicants. Whether interviews are
conducted is dependent on a variety of factors, including the number of applications,
the qualifications of applicants, and the requirements of the board, committee, or
commission for which applications have been received. The Council Nominating
Committee then makes recommendations regarding filling board, committee, or
commission vacancies, which are presented at the next Council business meeting
for consideration and action.
2
Yakima City Council
Interpreter at Council Business Meetings policy
Approved by Council on 6/7/16)
A professional English-to-Spanish interpreter will be available at the two Council business
meetings regularly scheduled to take place each month. If interpreter services are not
needed within an hour of the beginning of a Council business meeting, the interpreter
present will be allowed to leave the meeting. For other Council meetings (i.e. special
meetings, executive sessions, study sessions, retreats, committee meetings, etc.), the City
will provide interpreter services only if the issue(s) to be discussed is expected to draw a
large crowd (based upon the determination of the mayor and/or city manager) or if
interpreter services have been requested as per this policy. Interpreter services can be
requested for Council meetings by contacting the Yakima City Clerk's office not less than
forty-eight (48) hours prior to the start of such meeting. If during a meeting it is necessary
for a speaker's comments to be interpreted so that Council members and others in
attendance may understand them, the time required for interpretation will not be counted
against the designated time for speakers to address the Council.
3
Yakima City Council
Council members voting on Boards that receive funding from the City
Approved 2-17-16 Study Session)
MOTION Coffey moved and Adkison seconded that Council members not be voting
members on any board that receives funding from the City, with the exception of
those otherwise authorized by law. The motion carried by a 6-1 vote, Lover voting no
4
vete-lay- e-City rs-pcesent:
5
Yakima--Gi-ty--Col a/
Letters of-support-request-policy
Approved by Council on 9/17/13)
The Yakima-City-Counsoil-will-consider-requests-forlettersof-suppert-submitted-by-non-prof+t-
organizatiens-regarding-prospective-and/or existing progr-aas-rsewiees-plans-proposalsr
applications,-etc. utilizing-the following-procedure:
1---Upon--receipt-,-letter of support requests.wilt initially-be-evaluated by the-city manager
and/or-city-staff assigned by--the-city manager in order-to-determine-whether the entity
making-the-request meets-the-criteria of-an-established non-profit--organization-under.
the-laws-of-the State-of-Washington.
2--#-theentity-making-the--request-for-a letter-of sup
established--non-profit-organization-under-the laws of-the State-of Washington;-the
request-will-be forwarded to-the--Council-Partnerships-Committee-for-further•evatuation,
3—f-the-entity-making the--request-for-a--letter-of--supportdesires-to-rnake-a-presentation
regarding-its request-,-such presentation shall initially be made to the-Council
Partnerships-Committee
4. After evaluating-a-request-for-a letter-of-support-and/or-followings-presentation-
regardingsuch-reque rships-Committee-nay:
a—By majority-vote;-forward the request for-a-letter of-support-to-the-full-Council-
w' mmendation from-the-committee
b,--By-majority vote, forward-the requester-a-letter-of-support-to full-Ceuncil-
n recommendation—from—the—committee
c: By-majority-vote,recommend-a-presentation regarding-the-request-for-a-
letter-of-support-be made to the-full Council prior-to any-action-being-taken
byte-Council
b--Upon- of regarding-a-request-for a letter of support-from-the-
Committee;-the-Council-may:
a.- -By{majority-vote, accept the recommendation of the Council Partnerships
Committee-regarding-the requested letter-of-support
b. By-.majority—vote,—reject—the recommendation-of-the-Council Partnerships
equested letter-of-support
c. Take no action
6
Yakima City Council
Policy for opening invocations before meetings of
the City Council
Approved by Council 2/15/11
Mark Kunkler, Sr. Assistant Attorney, introduced the proposed resolution outlining a policy
regarding invocations at Council meetings. It is a format provided by the Alliance Defense
Fund that has been modified to fit our city format. Using this format, a Council-led
invocation would not be listed as an agenda item; the invocation and Pledge of Allegiance
would occur before the gavel sounds that starts the meeting; there will be disclosure
language on the agenda advising the public of the invocation and voluntary participation;
and the policy establishes procedures for rotation limiting the number of invocations a
Council member would lead. The City Clerk read the resolution by title, EDLER MOVED
AND ETTL SECONDED TO ADOPT THE RESOLUTION.
CAWLEY MOVED AND ENSEY SECONDED TO AMEND THE MOTION TO REPLACE
THE FIVE-TIME LIMIT IN A YEAR PARTICIPATION IN LEADING THE INVOCATION
WITH TEN TIMES. The amending motion carried by a unanimous roll call vote; Coffey
absent.
ETTL MOVED AND ADKISON SECONDED TO AMEND THE MOTION TO PUT THE
PLEDGE OF ALLEGIANCE BACK IN AS PART OF THE MEETING. The amendment
carried by a unanimous roll call vote; Coffey absent. The vote on the original motion as
amended carried by unanimous roll call vote; Coffey absent.
7
CO eS
Approved-8I-1-9/08
COFFEY-MOVED 9--THA-T-WE.. ILL HOLO-RUBLIG-
HEARINGS-AS FAR-AS-INIT FROM-EACH-
COUNCIL-MEMBE essed-his-ep ni0n that-thio-is-geieg-to-limi by-
policy;-#Fern-making strong-declarations on items-they-have-an-opinion-on. The-motion
carried by-a 5-2 roll Gall--vote;-Edler and McClure-voting-nay
8
At itc April 1 st,
The-three-step-precess-adeeted-by4he-COUnG4-fer-eUGh-requeste-wee--1)-Such-requests-wili
l-
hear'
allow
blic hea '
such-hearing the t-measure; 2)
Vote-to opp
2098- in-
slation
ew-the-same-er-si
prosess-ads
By-the w
unanimously l-sonduca nd, at
its August-4 ';-200s3-business-Heating,-the-Coup il-vete
gt st public
late-
e-
con
decided,-tt Precedures-Gernmittee-unanimou
Council 2010 meeting, the
m
9