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07/17/2018 05A Revised Council Rules of ProcedureBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 5.A. For Meeting of: July 17, 2018 ITEM TITLE: Consideration of revised Council Rules of Procedure SUBMITTED BY: Randy Beehler, Communications & Public Affairs Director Sonya Clear Tee, City Clerk SUMMARY EXPLANATION: Since February 2018, the Council Partnership Committee has been reviewing potential revisions to the Council Rules of Procedure regarding allowing Council members to participate in meetings electronically and/or telephonically as directed by Council at the February 26, 2018, Special meeting. During that review, it became apparent that several current Council Rules of Procedure provisions were outdated and/or insufficient in detail. Multiple Rules of Procedure examples from other cities in Washington State were evaluated in order to identify best practices and possible language that could enhance the Yakima City Council's Rules of Procedure. The product of that effort is being presented to the full Council for its consideration accompanied by a unanimous recommendation from the Council Partnership Committee that the proposed Rules of Procedure revisions be adopted by the Council. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt revised Rules of Procedure. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date O memo 7111?2018 O redline 7)'1222018 O clean 7/10/2018 Type Coyer Memo Cover Memo Cover Memo 2 3 LIMENDNC DDDLIMEN To: Yakima City Council From: Communications & Public Affairs Director Randy Beehler Subject: Recommended Council Rules of Procedure Revisions Date: July 12th, 2018 Council members, In February 2018, the Council assigned the Council Partnership Committee the task of reviewing potential revisions to the Council Rules of Procedure regarding allowing Council members to participate in meetings electronically and/or telephonically. During that review, it became apparent that several current Council Rules of Procedure provisions were outdated and/or insufficient in detail. As a result, a more thorough review of the Council Rules of Procedure was proposed and instigated. The Council Partnership Committee and City staff examined multiple Rules of Procedure examples from other cities in Washington State to identify best practices and possible language that could enhance the Yakima City Council's Rules of Procedure. Additionally, suggestions provided by other Council members have been incorporated into the proposed revised Rules of Procedure as have suggestions from Professional Registered Parliamentarian Ann Macfarlane. The product of those efforts is being presented to the full Council for its consideration, accompanied by a unanimous recommendation from the Council Partnership Committee, that the proposed Rules of Procedure revisions be adopted by the Council. Many of the proposed Rules of Procedure revisions are routine in nature and consist of simple grammar and/or rewording to improve their readability and make it easier to comprehend their meanings. Other proposed revisions better cite existing Yakima City Charter, Yakima Municipal Code, and state statute language governing the conduct of Council business. Proposed revisions that are more comprehensive are summarized below. Under the Council's current Rules of Procedure, in order to be adopted any amendments to the current rules must be approved by a two-thirds majority of the Council. Please let me know if you have questions or need additional information about the proposed revised Rules of Procedure prior to the Council's July 10th meeting at which they will be considered. Proposed Council Rules of Procedure Revisions of Note - Proposed Revision — Eliminate the first section of the current "Standard Motions and Rules of Procedure of Yakima City Council" concerning certain land use proceedings before the City Council Reasoning — Requirements and regulations concerning certain land use proceedings before the City Council are detailed in the Yakima Municipal Code and state statute and, therefore, do not need to be included in the Council's Rules of Procedure. - Proposed Revision — Section B-2 - Add "Attendance by speakerphone or video" language Reasoning — A majority of the City Council directed that language be included in the Rules of Procedure allowing Council members to participate in meetings by telephone or other electronic means. The proposed language in Section B-2 establishes parameters under which such participation is allowed. - Proposed Revision — Section B-3 — Clarify "Notification of Council member's absence from a Council session" language Reasoning — The proposed revised language in Section B-3 better clarifies the procedure a Council member follows in providing notification of her/his absence from a Council meeting. 1 4 - Proposed Revision — Sections B-5 and B-6 - Add "Council contacts" language Reasoning — Adding language in Sections B-5 and B-6 regarding how individual Council members interact with City staff and others provides a clear set of guidelines for Council members to follow during such interactions. - Proposed Revision — Section B-8 - Add "Council Committees" language Reasoning — Adding language in Section B-8 regarding Council committees clarifies the role of Council committees, how policies, proposals, and issues are assigned to Council committees, and the authority of Council committees. - Proposed Revision — Section C - Add language regarding types of meetings the Council can conduct and the requirements of such meetings Reasoning — Adding new language and revising existing language in Section C clarifies requirements of the Yakima City Charter and state statute regarding the types of meeting the Council can conduct. Brief explanations of each type of meeting the Council can conduct, including limitations imposed on certain meeting types, are included in the proposed revisions. - Proposed Revision — Section E-13 - Add "Call for the question" language Reasoning — Adding "Call for the question" language in Section E-13 clarifies the purpose of what is referred to in Robert's Rules of Order, Newly Revised as a "Previous Question motion" and the process followed when such a motion is made. - Proposed Revision — Section E-14 - Add "Council consensus" language Reasoning — Adding "Council consensus" language in Section E-14 clarifies the appropriate utilization of such a procedure to conduct Council business. - Proposed Revision — Section F-1 - Revise "Who may move to reconsider" language Reasoning — Revising language in Section F-1 clarifies the purpose of a reconsideration motion and more completely explains when such a motion is appropriate or not. - Proposed Revision — Section K - Add "Remedies for violations by Council members of Council Rules of Procedure, Council Code of Ethics, Council Principles of Conduct, or other applicable laws and/or regulations" language Reasoning — With the exception of removing a Council member from office, the Council, by majority vote, has the authority today to take actions it deems appropriate to address the behavior and actions of Council members. The proposed language in Section K of the revised Council Rules of Procedure is drawn from multiple Rules of Procedure examples from other cities in Washington State and establishes parameters of a process based on progressive discipline principles for the Council to follow when addressing the behavior and actions of Council members. The proposed language in Section K also cites the Yakima City Charter and statue statute in clarifying under what circumstances Council members and other City officials, employees, and volunteers may be defended and indemnified by the City. 2 STANDARD MOTIONS AND RULES OF PROCEDURE OF THEYAKIMA CITY COUNCIL Revised August 2011 2018 5 STANDARD MOTIONS I. ANNEXATION PROCEDURE A. On receipt of Notice of Intention to Commence Annexation Proceedings: 6 "I move that (d ) be set as the time for a meeting with the initiating parties who signed the Notice of Intention to Commence Annexation Proceedings dated (d ), those initiating parties being (Names of signers of notice'." B. At meeting with initiating parties: "I move that the annexation proposed by (names of signers of notice be accepted by the City of Yakima and that the arca to be annexed be required to assume its lawful share of the City's existing indebtedness, and that a notice of Intention to Annex be filed with the Yakima County Boundary Review Board." * C. On receipt of Petition for Annexation: "I move that the Petition for Annexation filed by (names of Petitioners), being Petition No. , be approved as meeting the requirements of law; that said Petition be referred to the Staff and Hearing Examiner for study and recommendation; and that (d ) *Exact wording to be typed in the minutes on this Motion, I B) It was duly moved, seconded and passed that the annexation proposed by Petition No. (Notice of Intention to Commence Annexation Proceedings) be accepted by the City of Yakima and that the area sought to be annexed be required to assume its lawful share of the City's existing indebtedness, and that a Notice of Intention to Annex be filed with the Yakima County Boundary Review Board. The above MOTION was made by , seconded by , and carried, voting aye by voice vote. II. REZONE PROCEDURE A. On receipt of recommendation from Planning Commission: "I move that (d ) be set as the time for a hearing by the City Council on the matter of the rezone of certain real property as petitioned by (names of petitioners) and that the City Clerk give notice of such hearing as required by law." 1 III. VACATION PROCEDURE A. On receipt of Petition for Vacation: 7 "I move that the petition of (names of petitioners for the vacation of the ( , y or ), as set forth in Petition No. , be referred to the City Manager and the Planning Commission for study and recommendation." B. On receipt of recommendation from Planning Commission: "I move that a resolution be prepared setting (d ) as the time for a hearing by the City Council on the petition of (names of petitioners), being Petition No. ." IV. L.I.D. PROCEDURE A. On receipt of petition for an L.LD." "I move that Petition No. , for the creation of a Local Improvement District, be referred to the City Manager and Staff for study and recommendation." V. MOTIONS APPROVING REPORTS A. On receipt of Report of City Treasurer on investments: "I move that the Report of the City Treasurer dated (d ), regarding the investments of the City of Yakima, be accepted and approved." B. On receipt of Report of City Engineer on final estimates: "I move that the report of the City Engineer dated (d ) with respect to the completion of the work on Public Works contracts (NAME) be approved, the work be accepted and payment of the final estimates as therein set forth is hereby authorized." VI. PROCEDURAL MOTIONS A. Amendment of proposed ordinance 1. To amend an entire section: "I move that Section _ of the proposed ordinance be amended to read as follows: '....' " 2. To partially amend a section: 2 8 "I move that Section of the proposed ordinance be amended by inserting the words (designate words and place to be inserted)." 3. To provide for an emergency clause: as follows: "I move that Section of the proposed ordinance be amended to read 'This ordinance is one to provide for the immediate preservation of the public peace, property, health and safety of the people of the City of Yakima, and an emergency is hereby declared to exist, and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter.' " 4. To provide for a 30 day clause: as follows: "I move that Section of the proposed ordinance be amended to read 'This ordinance shall be in full force and effect 30 days after its final passage, approval and publication, as provided by law and by the City Charter.' " B. Motion suspending order of business: "I move that the established order of business be suspended, and that the Mayor call up Item of the Agenda for consideration." C. Motion for continuance of hearing: "I move that this hearing be continued to (the regular meeting of this Council to be held on) (d )." D. Motion for adjournment to specified time and place: "I move that this meeting be adjourned to (day and d ), at the hour of (time . . p.m.), to then meet at (place)." 3 9 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 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 or regulation 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 legal requirement under the City Charter and state statute 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 10 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 Chairs of Council Meetings, The Mayor shall preside as the Chairs of all meetings of the Council and shall have the general direction of the meetings. 3. Chaim may call Mcmbcr member to Chairchair- 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 Chairs 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 Chairs 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 Icgal 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 5 (g) 11 and proceedings of the Council, and entries in the official journal record of the Council when the same have been approved by it. 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 eChair 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 &Chairman. shall have all the powers and perform the functions and duties herein assigned to the Mayor and Chairs of the Council. 7. Clcrk of thc Council. The Council shall appoint an officcr of thc City, who shall havc thc titic of Clcrk of the Council. The Clerk of the Council shall qualify in the manner provided by ordinancc and shall ccrvc at thc pl acurc of the 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, not 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 Vote. 23. Any member of the Council desiring to explain his vote when his name is called shall be allowed a like opportunity. 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 6 12 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 by speakerphone or video 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 only allowed for other public hearings where maps, display boards, power point presentations, or similar graphic presentations are being utilized if the Council member participating by speakerphone or 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, including voting. 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 [or video] for [the entire meeting] or [Agenda Item No. , relating to 13 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. 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 [or video]. The telephone connection will now be terminated. [Connection should be terminated at this time.l 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. No member of the Council shall be permittcd to vote on any question unless he shall be present when the vote is taken and when the result is announced. No member shall give his/her proxy to any person whomsoever and no pairing of the vote of an absent member against the vote of a present member shall be permitted. 34. Notification of a Member's Council member's aAbsence from a Council Ssession- 8 14 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. A motion to excuse a Council member may be made retroactively at the next meeting. Nimbus of thc Council will notify thc Mayor or City Clcrk prior to bcing latc or abccnt from a rcgular or special Council session. 4. 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. 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. 5. Council contacts with staff (a) The Council, Council members, Council committees, and Council committee members shall not give any directives, assign any tasks, nor give any orders to City staff either publically or privately. Neither the Council nor its members shall direct or request the appointment to nor the removal from office of any of the City Manager's subordinates. Nothing in the Yakima City Charter nor state law shall be construed to prohibit the Council, while in open public session, from fully and freely discussing with the City Manager anything pertaining to the appointments and removal of City officers and employees and City affairs (RCW 35A.13.120) (b) The requirements of Section B 5 (a) herein should not be misconstrued as to prevent informal interaction between the Council and its members with City staff that do not involve giving directives, assigning tasks, or giving orders. The Council and its members are encouraged to interact informally and/or casually with City staff for the purposes of gathering basic 9 15 information, obtaining explanations of policies and programs, or providing incidental information to City staff relevant to a given staff assignment. Such informal communication between the Council and its members can help promote better understanding of City policy, City functions, and City issues. However, during such informal interaction between Council members and City staff, Council members need to be careful to avoid giving directives, assigning tasks, or giving orders to City staff. City staff members shall inform the appropriate supervisor of all such interaction and provide the appropriate supervisor with any and all information provided to a Council member(s) during such interaction. 6. Council contacts with others (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 opinion as an individual Council member or if it is the official stance 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 prudence, any communication by an individual Council member that does not express an official and established Council position may be shared with the full Council. (f) 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. (g) 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. 10 7. Filling a Council vacancy 16 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. 8. Council Committees The Council may, by majority vote, establish committees consisting of Council members to assist the Council in examining policies, proposals, and issues that may come before it in greater depth and detail. Each established Council committee shall consist of three (3) Council members and an alternate. Each committee shall chose its own chair. The work of Council committees is a legislative function of the Council and is directed, in part, by the adopted Council Strategic Plan. Council committees shall examine policies, proposals, and issues assigned to them by a majority vote of the Council. Issues, proposals, and items generated independently by Council committees or individual Council members will not be examined, reviewed, or pursued by City staff without direction having been given to the City Manager to do so by a majority vote of the Council. Council committees shall report on their activities and make recommendations for action to the full Council during Council meetings. Any action regarding Council committee recommendations shall be determined by a majority vote of the Council. No activity of a Council committee shall serve to limit information about polices, proposals, and issues assigned to it by a majority of the Council from reaching the full Council in a timely way. No Council committee shall substitute its judgement for the judgement of the full Council. Council committees do not have the power or authority to commit the City nor to take any binding action on behalf of the full Council. C. MEETINGS. 1. Regular meetings -- Time of Mmeeting 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 Mmeetings- a. City Hall - Unless notice is given pursuant to Rule C.22.b. of these Rules, all regular meetings of the Council shall be held in the City Council Chambersmeeting room 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 tho adjoining confcrcncc room, on thc first floor of thc Yakima City Hall. However, a meeting having bccn convcncd at said placc may bo 11 17 adjourncd by thc Council to any other place within the City of Yakima for thc purpocc of conducting a particular mattcr of businccc which may be more conveniently conducted at such other place. b. Changed Mmeeting Pplace- 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, which notice shall be givcn by an announccmcnt at thc immcdiatcly prcccding mccting of such changcd mccting placc or by written notification by the Clerk of the Council to each Council member givcn no lc..than thrcc days prior to thc mccting to be hcld at the changcd mccting placc. 43. Special mMeetings Call. Special meetings may be callcd in thc manncr providcd by law and by thc City Chartercalled 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 Gconsidered- {3}(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. {$(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. {}(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 special meetings of the City Council, no item(s) not included on the posted agenda of such meeting may be considered or acted upon only with the unanimous consent of all members of the City Council. 5. Executive Sessions 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. 12 18 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 (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. 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 19 the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. 2. 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. 3. If the Council, in Executive Session, has given direction to the City Manager, all contact with the other party shall be done by the City Manager or other City staff member so designated by the City Manager. 6. Notice to City Manager. The Clerk of the Council shall serve upon the City Managcr a copy of all notices requiredby 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 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 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 dispensed with in 14 20 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. Attendance of a Council member by speakerphone or video at an emergency meeting does not apply to the number limitation in Section B. 2 of these rules regarding attendance by speakerphone or video. 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. If Council members do use electronic devices during a meeting for a purpose relevant to City business, such messages must be archived in accordance with direction provided by the Washington State Attorney General. D. PROCEDURE - ORDER AND DECORUM,- 1. Chairs to decide who entitled to the floor. - If two or more members of the Council desire to be heard at the same time, the Chairs shall name the member who is to speak first. 2. Seating Rpolicy The Mnayor shall sit in Chair 1t5 at the center of the daisCouncil. The Assistant Mayor mayor pro tem shall sit in Chair tt'l 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 Council rogular agonda business meeting of the year following each Council election cycle and the 2'44 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 9ordinance/fkresolution tfitle 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. 15 21 E. PROCEDURE - MOTIONS, 1. Form of mis,4otion, Every motion, except motions to adjourn, postpone or commit, shall be reduced to writing if the eChair 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 or read. When ae oral motion is made, it shall be restated by the Cehair or City Clerk and whcn a motion is prcccntcd, it shall be handcd to the Clcrk of the Council and read aloud 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 Chairs 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. (g) 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, 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. If a tabled matter is not taken from the table at the same 16 22 meeting in which it was tabled or the next meeting following the meeting at which it was tabled, it "falls to the floor", as per Robert's Rules of Order. 8. Motions to pPostpone or Commitrefer- No motion to postpone to a day certain or indefinitely, or to refer to a committeecommit, 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 under color ofas 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; division of the question, but the rcjcction of a motion to strikc out or inccrt one 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 17 23 After the question has been decided, any Council member who voted with the prevailing side may move for a reconsideration of the original motion. The motion for reconsideration must be made at the same meeting or before the end of the next regular meeting. A reconsideration motion should not be confused with the reintroduction of an item previously decided by the Council. A reconsideration motion is appropriate in only limited circumstances and, thus, should be used rarely. Any item previously decided by the Council can ordinarily be reintroduced by any Council member at a future meeting. A motion to reintroduce an item previously decided by the Council requires a second and a positive vote by a majority of the Council in order to be added to a future Council meeting agenda. any mcmbcr of thc Council having votcd in thc ncgativc shall havc thc right to movc reconsideration of such proposition. 2. Vote required for Reconsideration. Upon a motion to rcconcidcr thc votc on any mattcr, a majority of all tho mcmbcrs of thc Council shall be rcquircd to rcconcidcr thc samc. 3. Time for motion to reconsider. When a question has bccn dccidcd by thc Council, any mcmbcr voting with tho prevailing side may movc a rcconcidcration thcrcof, or givc notico that he will makc such motion within thc timc prcccribcd by the rules. In the event notice of intention to movc for rcconcidcration is given, no further proceedings shall be had on the proposition in question until the motion for reconsideration is made and determined, or until the time for making such motion has lapsed. No motion for reconcidcration shall be in ordcr unless madc bcforc the adjournment of thc ncxt rcgular mccting of thc Council aftcr the meeting at which the original motion was taken. Such motion shall take precedence over all other motions and questions, except a motion to adjourn. 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 - 18 24 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. il. Committcc amcndmcnts How rcportcd Spcaking on amcndmcnts. Amcndmcnts rcportcd by a committcc shall rcfcr to thc writtcn mcacurc, and shall not be inserted therein until after such amendments shall havc bccn adoptcd by thc Council, whcn thcy shall be properly inserted by the Clerk of the Council in the official copy thereof. A copy of thc writtcn mcacurc with all propoccd amcndmcnts cntcrcd thereon shall accompany the committee's report. On an amcndmcnt bcing movcd, a mcmbcr of thc Council who ha& spoken to the main question may speak again to the amendment. 5. Amendments referred to committee to be reported. Whenever any measure to which an amendment is pending shall be referred to a committcc, thc rcfcrcncc shall carry with it thc amcndmcnt, and mcacurc. 64. Order of Aaction- If any amendment be is offered, the question shall be first upon the amendment. 75. Order of Odiscussion/Odebate 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 Clerkmayor 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. The member who seconded the motion will be given the choice to speak next. 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 vocoorally in the manner hereinafter provided, PROVIDED that a roll call shall be ordered on the vote on any other question when demanded by any two members of the Council. Votes taken on roll call shall be recorded by the City Clerk of the Council and reported to the Chair chairman who shall announce 19 25 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 Cehair. 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 CGhair. 4. Council members required to vote - TLate 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 cacc the votc i& and be counted. 5. Putting the question - Division., Except as hereinbefore provided, the Cehair shall put questions in this form, to -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, "As many asThose who are opposed, say 'No'," If she/he doubts the result of the oral vote viva vocc, 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 rise from their seats and be counted, 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 intoes the record. (b) Minutes of the previous Council meetings may must be approved by any two member&a majority of the Council, who attend that meeting by their signing of those minutes as being approved. 2. Agenda for meetings, 20 26 As provided for in the City Charter and in accordance with RCW 35.18.060 (5), ;the Clcrk of thc CouncilCity Manager, with thc accistancc of thc City Managcr, shall prepare a written agenda for each meeting of the Council as far in advance thereof as possible and shall placc provide such agenda in the handsto of—each member of the Council prior to the commencement of the meeting. least one day in advance of each meeting whenever possible. 3. Special order of business, The Council may at any time on motion supported by a majority vote of the members of the Council prcccnt proceed out of order to any item ofg business or return to an item already passed. 4. Audience ParticipationPublic comment Community members are invited to address items which are not listed on the rcgular 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 spcakcr's timoThe 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 sponsorcd by any member of the Council. The Council at any time may, by majority vote, require the City ManagerClcrk of the Council, 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. 21 27 K. Remedies for violations by Council members of Council Rules of Procedure, Council Code of Ethics, Council Principles of Conduct, or other applicable laws and/or regulations 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 conduct by all Council members, the Council has adopted the following process to be implemented in the event 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 regulations. Process Step 1 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 Code of Ethics, the Council Principles of Conduct, or other applicable laws and/or regulations. 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 violation(s). However, the Council member alleged to have committed a violation(s) may insist any discussion of the alleged violation(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 Council. During such discussion, the Council member(s) alleged to have committed a violation(s) shall be provided an opportunity to refute, disprove, or otherwise contradict the allegation(s). Step 3 Following a discussion by the Council of the alleged violation(s), the Council may: a. Take no further action b. In an open public session of the Council, by a majority vote of the Council, issue a verbal Reprimand of the Council member(s) found to have committed a violation(s). A verbal Reprimand declares the conduct of a Council member(s) to be unacceptable but not of such severity as to warrant a Public Censure. Issuance of the verbal Reprimand shall include a description of the violation(s) and any evidence to support the determination by a majority of the Council that a violation(s) occurred. Following the issuance of the verbal Reprimand, 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. 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: 22 28 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 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 an opportunity to refute, disprove, or otherwise contradict the determination by a majority of the Council that a violation(s) occurred. c. 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 Council Committee assignments AND his/her non -City board, committee, or commission 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 an opportunity to refute, disprove, or otherwise contradict the determination by a majority of the Council that a violation(s) occurred. NOTE: The application of one of the remedies described above shall not preclude the application of other or all of the remedies described above. Furthermore, certain violations committed by a Council member(s) may be subject to prosecution or other legal action pursuant to Washington State law. City of Yakima Resolution R -1990-D-5820, as well as RCW 35.21.205, RCW 36.18.138, and RCW 48.62, establish parameters under which City elected and appointed officials, City employees, City board and commission members, City police reserve officers, commissioned and non-commissioned City police officers, City police explorers, and some City volunteers may be defended and indemnified by the City, "...against all actions, claims, or other proceedings threatened or instigated against them and which arise from the performance, purported performance, or failure of performance of their duties for or employment with the City; and the City shall hold them harmless from all expenses and liability connected with the defense 23 29 or settlement of such claims and from liability for any monetary fine or judgment in any such action or proceeding." Furthermore, as stated in City of Yakima Resolution R -1990-D-5820, Section 2 B, "...the defense, indemnification, or hold harmless provisions of this resolution shall be afforded only those persons who exercised good faith in their performance, purported performance, or failure of performance of their duties for or employment with the City on which the action, claim or proceeding is based, and who were not acting clearly outside of the scope of their authority as City officers, employees, police volunteers, or members of City boards or commissions; and no civil or criminal fine shall be paid for any person who knew, or should have known with the exercise of reasonable care, that the conduct or failure to act, on which the fine is based, was unlawful. The determination of whether an employee or police volunteer was acting in good faith within the scope of employment or duties, and without knowledge or discoverable knowledge of the unlawfulness of the person's conduct, shall be made by the City Manager; and that determination as to elected City officers and all members of City boards and commissions shall be made by the City Council." 14L. 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. 1_M. PROCEDURE - ROBERT'S RULES OF ORDER, The rules of parliamentary procedure contained in Robert's Rules of Order, Newly Revised, latest edition for Deliberative Asccmblic& shall govern the Council in all matters of procedure not specifically provided for herein and to which they are applicable. MN. AMENDMENT, These rules or procedures may be amended at any meeting of the Council held after not less than five days written notice of the proposal to amend the rules has been properly noticed, upon a two-thirds vote of all of the members of the Council. NO. RECORDING OF RULES, These rules and all subsequent amendments thereto shall be recorded by the City Clerk andin the book kept by him/her for the recording of ordinances and rccolution& and each member of the Council shall be furnished with a copy thereof in form convenient for reference. 24 RULES OF PROCEDURE OF THE YAKIMA CITY COUNCIL Revised --- 2018 31 TABLE OF CONTENTS 32 PAGE A. ORGANIZATION 1. Election of Mayor and Assistant Mayor.......................................... 2 2. The Mayor is the Chair of the Council Meetings...... 3. Chair may call member to chair.......................... 2 4. Duties of the Mayor...................................... 2 5. Duties of Assistant Mayor........................... 6. Temporary Chair..................................... B. RIGHTS AND DUTIES OF MEMBERS 1. Duty to Vote - Absentation............... 2. Attendance by speakerphone or video ............ . 3. Notification of a Council member's absence fro 4. Council member terms and oath of office... 5. Council contacts with staff. 6. Council contacts with others 7. Filling a Council vacancy..... 8. Council Comm ittees............. a Council session C. MEETINGS 1. Regular meetings - Time of meeting ..................... 8 2. Regular meetings - Place of meetings ................................................ 8 3. Meetings - Items considered ............... 8 4. Executive Sessions.... 9 5. Quorum...................................................................................... 10 6. Emergency meetings...................................................................... 10 7. Use of electronic devices during Council meetings...................................11 D. PROCEDURE - ORDER AND DECORUM 1. Chair to decide who entitled to the floor.............................................. 11 3. Reading of ordinance/resolution title.................................................. 12 E. PROCEDURE - MOTIONS 1. 2. 3. 4. 5. 6. 7. Formof motion............................................................................. 12 Motion to be restated..................................................................... 12 Second required........................................................................... 12 Withdrawing a motion..................................................................... 12 Motions in order during debate......................................................... 12 Motion to adjourn always in order - Exceptions................................... 12 Motion to table temporary only......................................................... 12 8. Motions to postpone or refer............................................................ 13 9. Motions must be germane............................................................... 13 10. Motions to refer or postpone preclude amendments. 13 33 11. Questions not debatable..................................................................13 12. Division of question....................................................................... 13 13. Call for the question (Previous Question motion)................................. 13 14. Council consensus. 13 F. PROCEDURE - RECONSIDERATION 1. Who may move to reconsider......................................................... 13 G. PROCEDURE - DEBATE 1. Substitute motions............................................... 2. Amendments must be germane.......................... 3. Tabling amendment - Not to prejudice motion..... 4. Order of action.......................................... 5. Order of discussion/debate........................ H. PROCEDURE - VOTING 1. Roll call on final passage............... .............................. 2. Voting or changing vote after decision announced............ 3. Changing vote before decision announced.... 4. Council members required to vote - Late vo 5. Putting the question — Division ....................... 14 I. PROCEDURE - ORDER OF BUSINESS 1. Roll call - Minutes of previous meeting, 2. Agenda for meetings. ........... 3. Special order of business......... 4. Public comment......... . ........ 15 15 15 J. PROCEDURE - ADOPTION OF ORDINANCES, RESOLUTIONS & MOTIONS 1. Introduction and form - Working copies............ 16 2. Passage on first read 3. Hearings... ................ _ 4. Ordinances and resolutions adopted - Signing, deposit and publication... 16 K. REMEDIES FOR VIOLATIONS BY COUNCIL MEMBERS OF COUNCIL RULES OF PROCEDURE, COUNCIL CODE OF ETHICS, COUNCIL PRINCIPLES OF CONDUCT, OR OTHER APPLICABLE LAWS AND/OR REGULATIONS 1. Purpose.., 2. Process...... L. PROCEDURE - SUSPENSION OF RULES 19 M. PROCEDURE - ROBERT'S RULES OF ORDER 19 O. RECORDING OF RULES..................................................................... 19 Addendum to Council Rules of Procedure COUNCIL APPROVED POLICIES 1. POLICY APPROVED 9/27/16 Board & Committee appointments 2. POLICY APPROVED 6/7/16 Interpreter at Council Business meetings 3. POLICY APPROVED 2/17/16 Council members voting on Boards 4. POLICY APPROVED 2/15/11 Opening invocations before meetings of the City Council 34 PAGE 20 20 21 22 35 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 legal requirement under the City Charter and state statute 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. 1 36 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 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. 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. 2 37 (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. 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. In addition to the above limits, a Council member also may attend Council committee meetings by speakerphone or video. Attendance at committee meetings by speakerphone or video is limited to two times per year per Council 3 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 only allowed for other public hearings where maps, display boards, PowerPointpresentations, or similar graphic presentations are being utilized if the Council member participating by speakerphone or video clearly can see the documents through full visual capability. (b) Quorum 38 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, including voting. (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. hen the Council meeting begins or when the particular agenda item is b eady to e 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.] 4 39 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(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. (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 No member shall give his/her proxy to any person whomsoever and no pairing of the vote of an absent member against the vote of a present member shall be permitted. Notification of a Council ber's absence from a Council session embers 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. A motion to excuse a Council member may be made retroactively at the next meeting. 4. 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 40 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. 5. Council contacts with staff (a) The Council, Council members, Council committees, and Council committee members shall not give any directives, assign any tasks, nor give any orders to City staff either publically or privately. (b) Neither the Council nor its members shall direct or request the appointment to nor the removal from office of any of the City Manager's subordinates. Nothing in the Yakima City Charter nor state law shall be construed to prohibit the Council, while in open public session, from fully and freely discussing with the City Manager anything pertaining to the appointments and removal of City officers and employees and City affairs (RCW 35A.13.120) (c) The requirements of Section B 5 (a) herein should not be misconstrued as to prevent informal interaction between the Council and its members with City staff that do not involve giving directives, assigning tasks, or giving orders. The Council and its members are encouraged to interact informally and/or casually with City staff for the purposes of gathering basic information, obtaining explanations of policies and programs, or providing incidental information to City staff relevant to a given staff assignment. Such informal communication between the Council and its members can help promote better understanding of City policy City functions, and City issues. However, during such informal interaction between Council members and City staff, Council members need to be careful to avoid giving directives, assigning tasks, or giving orders to City staff. City staff members shall inform the appropriate supervisor of all such interaction and provide the appropriate supervisor with any and all information provided to a Council member(s) during such interaction. 6. Council contacts with others (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 as an individual Council member or if it is the official stance 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. 6 41 (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 prudence, any communication by an individual Council member that does not express an official and established Council position may be shared with the full Council. (f) (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. 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 ROW 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. Council Committees The Council may, by majority vote, establish committees consisting of Council members to assist the Council in examining policies, proposals, and issues that may come before it in greater depth and detail. Each established Council committee shall consist of three (3) Council members and an alternate. Each committee shall chose its own chair. The work of Council committees is a legislative function of the Council and is directed, in part, by the adopted Council Strategic Plan. Council committees shall examine policies, proposals, and issues assigned to them by a majority vote of the Council. Issues, proposals, and items generated independently by Council committees or individual Council members will not be examined, reviewed, or pursued by City staff without direction having been given to the City Manager to do so by a majority vote of the Council. Council committees shall report on their activities and make recommendations for action to the full Council during Council meetings. Any action regarding Council committee recommendations shall be determined by a majority vote of the Council. 7 42 No activity of a Council committee shall serve to limit information about policies, proposals, and issues assigned to it by a majority of the Council from reaching the full Council in a timely way. No Council committee shall substitute its judgement for the judgement of the full Council. Council committees do not have the power or authority to commit the City nor to take any binding action on behalf of the full Council. C. MEETINGS 1. Regular meetings - Time of meeting Regular meetings of the Council shall be held on the first and third Tuesdays of each month, unless otherwise changed. Regular meetings shall convene at 6:00 p.m. 2. Regular meetings - Place of meetings (a) City Hall Unless notice is given pursuant to Rule C.2.b. of these Rules, all regular meetings of the Council shall be held in the City Council Chambers on the first floor of City Hall and all study session meetings shall be held either in the City Council Chambers or another properly noticed location. (b) Changed meeting place Any meeting of the Council may be held at a place other than that required by Rule C.2.a. hereof onproperno ice cif a changed meet. place.ing (c) Special meetings Special meetings may be called by the presiding officer or by any two members of the Council, ai 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. 8 43 (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. 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 Counciltaking 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 pu which include; holding an executive session, some of 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 suc 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 he 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 (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). 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 9 44 v. 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 good practice for the Chair to announce at the beginning of the meeting, that Council will be adjourning into an executive session at the end of the regular meeting. (d) If the Council, in Executive Session, has given direction to the City Manager all contact with the other party shall be done by the City Manager or other City staff member so designated by the City Manager. 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. 10 45 (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 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." (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. Attendance of a Council member by speakerphone or video at an emergency meeting does not apply to the number limitation in Section B. 2 of these rules regarding attendance by speakerphone or video. (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 meetins 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. Additionally, 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. If Council members do use electronic devices during a eeting for a purpose relevant to City business, such messages must be archived in cordance with direction provided by the Washington State Attorney General. D. PROCEDURE - ORDER AND DECORUM 1. Chair to decide whois 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). 11 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. 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 46 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 4. Withdrawing a motion red. 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 unde (a) To b) To adjourn. (c) To refer an item to a committee. (d) To lay on the table. (e) To postpone toe day certain. (f) To postpone indefinitely. (g) To emend. (h) To recess debateno mo on shall be received except: 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. If a tabled matter is not taken from the table at the same meeting in which it was tabled 12 47 or the next meeting following the meeting at which it was tabled, it "falls to the floor", as per Robert's Rules of Order. 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. 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. 13. Cal 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 with the prevailing side may move for a reconsideration of the original motion. The motion for reconsideration must be made at the same meeting or before the end of the next regular meeting. 13 48 A reconsideration motion should not be confused with the reintroduction of an item previously decided by the Council. A reconsideration motion is appropriate in only limited circumstances and, thus, should be used rarely. Any item previously decided by the Council can ordinarily be reintroduced by any Council member at a future meeting. A motion to reintroduce an item previously decided by the Council requires a second and a positive vote by a majority of the Council in order to be added to a future Council meeting agenda. 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 proposition or ordinance. subject as the original motion 3. Tabling amendment - Not to prejudice motion esolution, 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 amend 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), :he 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. The member who seconded the motion will be given the choice to speak next. 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 14 49 demanded by any member 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. 3. Changing vote before decision is announced On any such vote, any member may change his/her vo question has been announced by the Chair. before the decision of the 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, shall put questions in this form: .he 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 inthe negative. I. PROCEDURE - ORDER OF BUSINESS 1. Roll call - Minutes o evious 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 meetings must be approved by a majority of the Council. 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 to each member of the Council prior to the commencement of the meeting. 15 50 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. 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. The Council at any time may require the City Manager, with the assistance of the Legal Department or other City staff, to prepare workingcopies 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. REMEDIES FOR VIOLATIONS BY COUNCIL MEMBERS OF COUNCIL RULES OF PROCEDURE, COUNCIL CODE OF ETHICS, COUNCIL PRINCIPLES OF CONDUCT, OR OTHER APPLICABLE LAWS AND/OR REGULATIONS 1. 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. 16 51 In order to foster an environment of ethical and professional conduct by all Council members, the Council has adopted the following process to be implemented in the event 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 regulations. 2. Process Step 1: 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 Code of Ethics, the Council Principles of Conduct, or other applicable laws and/or regulations. 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 violation(s). However, the Council member alleged to have committed a violation(s) may insist any discussion of the alleged violation(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 Council. During such discussion, the Council member(s) alleged to have committed a violation(s) shall be provided an opportunity to refute, disprove, or otherwise contradict the allegation(s) Step 3: Following a discussion by the Council of the alleged violation(s), the Council may: (a) Take no further action. (b) In an open public session of the Council, by a majority vote of the Council, issue a verbal Reprimand of the Council member(s) found to have committed a violation(s). A verbal Reprimand declares the conduct of a Council member(s) to be unacceptable but not of such severity as to warrant a Public Censure. Issuance of the verbal Reprimand shall include a description of the violation(s) and any evidence to support the determination by a majority of the Council that a violation(s) occurred. Following the issuance of the verbal Reprimand, 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. (c) 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: i. 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 17 52 refute, disprove, or otherwise contradict the determination by a majority of the Council that a violation(s) occurred. ii. 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 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 an opportunity to refute, disprove, or otherwise contradict the determination by a majority of the Council that a violation(s) occurred. iii. 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 Council Committee assignments AND non -City board, committee, or commission 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 an opportunity to refute, disprove, or otherwise contradict the determination by a majority of the Council that a violation(s) occurred. NOTE: The application of one of the remedies described above shall not preclude the application of other or all of the remedies described above. Furthermore, certain violations committed by a Council member(s) may be subject to prosecution or other legal action pursuant to Washington State law. City of Yakima Resolution R -1990-D-5820, as well as RCW 35.21.205, RCW 36.18.138, and RCW 48.62, establish parameters under which City elected and appointed officials, City employees, City board and commission members, City police reserve officers, commissioned and non-commissioned City police officers, City police explorers, and some City volunteers may be defended and indemnified by the City, "... against all actions, claims, or other proceedings threatened or instigated against them and which arise from the performance, purported performance, or failure of performance of their duties for or employment with the City; and the City shall hold them harmless from all expenses and liability connected with the defense or settlement of such claims and from liability for any monetary fine or judgment in any such action or proceeding." Furthermore, as stated in City of Yakima Resolution R -1990-D-5820, Section 2 B, "...the defense, indemnification, or hold harmless provisions of this resolution shall be afforded only those persons who exercised good faith in their performance, purported performance, or failure of performance of their duties for or employment with the City on which the action, claim or proceeding is based, and who were not acting clearly outside of the scope of their authority as City officers, employees, police volunteers, or members of City boards or commissions; and no civil or criminal fine shall be paid for any person who knew, 18 53 or should have known with the exercise of reasonable care, that the conduct or failure to act, on which the fine is based, was unlawful. The determination of whether an employee or police volunteer was acting in good faith within the scope of employment or duties, and without knowledge or discoverable knowledge of the unlawfulness of the person's conduct, shall be made by the City Manager; and that determination as to elected City officers and all members of City boards and commissions shall be made by the City Council." L. 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. M. 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. N. 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. O. RECORDING OF RULES These rules and all subsequent amendments thereto shall be recorded and kept by the City Clerk and each member of the Council shall be furnished with a copy thereof in form convenient for reference 19 54 Addendum to Council Rules of Procedure COUNCIL APPROVED POLICIES 1. POLICY FOR APPOINTMENTS TO BOARD, COMMITTEE AND COMMISSION VACANCIES (APPROVED BY COUNCIL ON 9/27/16) a) 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 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. b) 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 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.). c) 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 (Partnership) 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 (Partnership) Committee. If an applicant is currently serving on another City board, commission, or committee, the Council Nominating (Partnership) Committee will not consider her/his application for a different body. d) The Council Nominating (Partnership) 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 (Partnership) 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. 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 20 55 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. COUNCIL MEMBERS VOTING ON BOARDS THAT RECEIVE FUNDING FROM THE CITY (APPROVED 2-17-16 STUDY SESSION) Motion approved 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. 4. POLICY FOR OPENING INVOCATIONS BEFORE MEETINGS OF THE CITY COUNCIL (APPROVED BY COUNCIL 2/15/11) A resolution was adopted outlining a policy regarding invocations at Council meetings (R-2011-33). 21