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04/16/2019 05B Resolution for Removal of Council Member Funk From Participation In All City Council Committees and Boards for Six MonthsBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT 1 Item No. 5.B. For Meeting of: April 16, 2019 ITEM TITLE: Resolution authorizing the removal of City Council Member Funk from participation in all City Council Committee assignments and non -City boards, committees and commissions for six months SUBMITTED BY: Cliff Moore, City Manager SUMMARY EXPLANATION: Per the City Council's Rules of Procedure, the Council voted 5-2 to remove Council Member Funk from City Council Committee assignments and non -City boards, committees, and commissions for six months at its April 2, 2019 City Council meeting. The attached resolution is required, per the Council's Rules of Procedures, to complete the removal of a Council member from his or her committee assignments. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date resolution 4/9/2019 Type Coyer Memo A RESOLUTION RESOLUTION NO. R-2019- 2 authorizing the removal of City Council Member Kay Funk from participation in all City Council Committee assignments and non -City boards, committees and commission assignments for a period of six months. WHEREAS, the City Council adopted the applicable Rules of Procedure of the Yakima City Council, effective in October, 2018; and WHEREAS, Section K of the Council Rules of Procedure provide remedies for Council members' violations of the Council Rules of Procedure, the Council Code of Ethics, the Council Principles of Conduct and other applicable laws and/or regulations; and WHEREAS, on April 2, 2019, the City Council adjourned to an executive session called by the Mayor during a regular City Council business meeting in accordance with RCW 42.30.110(f), to receive and evaluate complaints or charges brought against a public officer; and WHEREAS, following the executive session the City Council resumed its business meeting, at which time Council Member Hill made a motion to remove Council Member Funk from all City Council committee assignments and non -City board, committee and commission assignments for a period of six months; and WHEREAS, Council Member Hill's motion stated that after Council Member Funk's untimely, inappropriate and embarrassing comments during the press conference called to announce the appointment of the police chief, a recent inappropriate and insensitive statement to the media that Yakima is not a glamorous location, numerous online comments on various news articles that included statements inconsistent with the position of the majority of the Council, a continuous verbal campaign against YVCOG, Transform Yakima and its staff members, completely inappropriate comments about the mental health of a city resident during a March 14 Healthy Communities and Neighborhood Building committee meeting and during the same meeting making a comment to an older male resident in attendance that he should report to her if a female staff member was being naughty while working on an ordinance revision, and generally behaving in a combative and contradictory manner during Council meetings, he believes that Council Member Funk had brought discredit to herself and the City and that it was time for the Council to take action; and WHEREAS, Council Member Hill stated that he believed Council Member Funk had violated Sections III, IV, VI and VII of the Yakima City Council Principles of Conduct, which provide that a Council member should be: III. Committed to acting and being seen as acting with integrity and impartiality that will bear the closest scrutiny. IV. Committed to working with City officials and staff in a conscientious and respectful manner. VI. Support a positive and constructive environment for residents, businesses, and City employees. VII. Refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the City Council, boards, commission, committees, staff, or the public.; and 3 WHEREAS, Council Member Hill further stated that he believed Council Member Funk had violated sections I, II and III of the Yakima City Council Code of Ethics, which provide: I. Council members shall maintain decorum and set an example for conduct when representing the City, and endeavor not to disgrace or embarrass the City while acting in an official capacity. II. Council members shall represent that opinions stated are the member's own and do not necessarily represent those of the Council unless the Council has voted and passed an ordinance, resolution or motion that so states the expressed policy. III. Council members shall not divulge information discussed in executive session; and WHEREAS, following the Council members' discussion on the motion, including responsive statements by Council Member Funk, the City Council voted by a super -majority vote of five members in favor and two members opposed, to remove City Council Member Kay Funk from participation in all City Council Committee assignments and non -City boards, committees and commission assignments for a period of six months; WHEREAS, as required by the Rules of Procedure of the Yakima City Council, Section K(2)(iii), this formal resolution of the Council action is necessary; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: In accordance with the Rules of Procedure of the Yakima City Council, Section K(2)(iii), City Council Member Kay Funk is hereby removed from participation in all City Council Committee assignments and non -City boards, committees and commission assignments for a period of six months. ADOPTED BY THE CITY COUNCIL this 1 6th day of April, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk Distributed at the/ Meetingi-/4i 6(5 Sanction Rebuttal Kay Funk April 16, 2019 Judicial process We should be clear that this Resolution of Censure procedure differs a lot from a civil trial, with which we are all generally familiar. I want to be clear that I recognize that the Yakima City Council, by majority vote, is empowered to institute processes which do not follow judicial traditions. However, there are good reasons why our country has the judicial procedures that we have, and those procedures are more likely to get results that will stand over time. When we abandon those processes we should take warning and proceed cautiously. I was surprised by the plan to retake this vote, after it had been voted on April 2. The reason may be that the required "opportunity to refute, disprove, or otherwise contradict the allegations" was overlooked. I appreciate the opportunity to address that now. The Resolution of Censure is on the agenda website for this meeting. In addition, I have a six page document, in the public record, written by Mayor Coffey regarding specific concerns. I will consider both of these as charging documents and I will address the specifics. I have appreciated the outpouring of public support since the Censure Motion was voted. I find it particularly interesting that the Yakima Herald Republic reader poll was 141 to 1000 against this Council action, a remarkable tally of 88%. That is not a scientifically conducted or binding poll, but it is a cautionary note. Subjective language Much of the language in this controversy is subjective, and open to interpretation. This is different from the rules of civil trial. Examples of subjective words used here are: decorum, perception, confidence, ethical, professional, untimely, inappropriate, embarrassing, insensitive, combative, integrity, impartiality, conscientious, respectful, positive, constructive, abusive, disgrace, embarrassed, "brought discredit", and "set an example". With subjective language, there can be a mismatch between "intention" of the speaker, and the "impact" upon the listener. It is particularly difficult to agree on what these words mean in the setting of conflicting interests. These words create barriers, rather than settle differences. My campaign promises and goals When I campaigned for this seat, my slogan was "Facts Matter - People Matter". I promised evidence -based decision-making (scientific method), facts, and transparency. We govern on behalf of informed voters, and we have a duty to the public right to know. Elected officials are free to bring any documents in the public record to public discussion, as I have done. This is not restricted by the preferences of the rest of the City Council, or any other body than the constituents of District 4. The Real Problem The core of the current problem, is the City Manager's actions regarding the police department. Although the City Manager has executive authority in decision-making, the City Council has oversight. Prudent management includes an advise and'consent function, and should not allow concealing documents from the public. On a similar topic, I was in disagreement with the City Manager's push to eliminate the Fire Marshall position. With regard to the termination of the last police chief, there are many many pages of relevant documents in the public record. I have read those, and I am not persuaded that it was a good decision. I will also note that "no cause" terminations always create ambiguities and often create problems that go beyond the non -disclosure agreement and the cost of the severance pay. The Mental Health Comments Mayor Coffey's document says that the trigger for censure was the March 14, 2019 HCNB Committee meeting and that "for a Council Member to speculate on the mental health of a community resident in an open public meeting is wrong, disrespectful, and does not set an example for conduct when representing the city...these remarks could create legal liability, and did `disgrace and embarrass the city-. I stand behind my remarks; there was no impropriety. Mental health issues in public spaces, are a significant problem in local governments today. This issue is explored at great length in the well-done and recent documentary, "Seattle is Dying" (which I encourage everyone to view). Also, I have mental health training, and Mayor Coffey does not. Judgment on the propriety of my remarks should be left to a nonbiased expert, either a mental health expert or forensic mental health expert. Minority and Majority Opinions Mayor Coffey's document also states that "Council members are encouraged to share opinions that may differ from the majority of the council,... [but] Council members shall represent that the opinions stated are the member's own and do not... represent those of the Council". The standard for legislative bodies in this country is that elected officials are always assumed to be speaking for themselves. When Kevin McCarthy speaks, he is not constrained to state that he doesn't represent the opinions of the full House. When Chuck Schumer speaks, he does not have to say that he doesn't represent the opinions of the full Senate. It is assumed; everyone knows it. That's true for every elected legislator. I stand behind my words. I have never, ever claimed to represent the full Council, except when a vote has been taken. Creation of a requirement for a "personal opinion" disclaimer. in order to suppress discussion that is contrary to the preferences in the majority, is not part of our democratic tradition. YVCOG, Transform Yakima Together, and Camp Hope Councilman Hill's Resolution, and Mayor Coffey's document, devote considerable space to remarks that I have made about YVCOG, Transform Yakima Together, and Camp Hope. I stand behind all of my comments. I think that it is very odd that nonprofit organizations spending taxpayer money expect to be protected from discussion of public record information that may be critical of their programs. With regard to these programs, there are multiple worrisome documents in the public record. I stand behind disclosing them. Two objective facts stand out: 1) Camp Hope Director, Mike Kay, is a former police officer who had his police commission revoked by the state of Oregon. There was litigation, and there are many documents easily available on Google. This is a very significant sanction. This would be the equivalent of having my medical license revoked. This information has been concealed from mention in open meetings. I recognize that it is possible for a person to partially or wholly reform, but background problems are warning signs, and are certainly germane to the "qualifications of [the] Camp Hope manager". 2) Around the first of this year, control of Camp Hope and it's lease of city property, were removed from Transform Yakima Together and transferred to Sunrise Outreach. It is my understanding, that long time Camp Hope executive, Andy Ferguson, is no longer with either agency. The reasons for these changes have not been disclosed, and I think that is probably inappropriate. Certainly these are warning signs. Another Personal vs. Majority Opinion Mayor Coffey cites another "severe violation" regarding the decision to restore funding to the Fire Marshal position at the December 4, 2018 City Council meeting, and reversal of that decision at the December 11 City Council meeting. I said to YHR reporter, "I think it is disrespectful and destructive to the important public safety mission of the fire department", and "having debated this last week, it strikes me as feckless and indecisive to make a change now". I stand behind those quotations. My opinion is at odds with the majority vote of the council, but is legitimate information to inform the public. A Frivolous Remark Councilman Hill's Resolution, and Mayor Coffey's document refer to a comment, by me at the March 14, 2019 HCNB meeting, in which I used the word "naughty". I do not recall this remark and I have not reviewed the tape. I am ready to admit that this was a/flippant remark without specific content or meaning, and I am sorry for whatever offense was given. Alleged Disclosure of Information from Executive Session Mayor Coffey's document refers to a remark, by me, in an April 26, 2018 executive session of the Council called for "the purpose of discussing prospective litigation". At that meeting I said that I would disclose "a letter that was presented to the Council and discussed in executive session to the media, because [I] felt that it was a public issue". My recollection is that this was a letter of concern regarding YVCOG, which was written by me, and approved by a 6 - 0 vote of the Council on April 19. This letter was, clearly, already in the public record, so there was no protected executive session information to disclose. The letter was reviewed in executive session only because some Council members wished to reverse their votes. There was no significant threat of "prospective litigation", and I think that the executive session may have been inconsistent with the Open Public Meetings rules. I stand by this action. Maier Coffey also refers to the Council's January 8, 2019 meeting discussion regarding a lease agreement for Camp Hope. She says that I "began to discuss prospective litigation that had been the subject of an earlier executive session". A point of order was raised, and I was not allowed to speak. In fact, the prospective litigation was the suit by the Greenway, which had been in the newspaper and had never been in executive session. So there was no possibility of disclosing protected executive session information, which is the specific intent of silencing discussion by use of this rule. Consequently, I stand by my remarks. Mayor Coffey states that these were "severe violations of the requirement of both the Code of Ethics and state statute for attendees at Council executive sessions to refrain from divulging information discussed in an executive session". That statement is false. I have never disclosed protected information from executive session. Duty to the Chamber of Commerce Mayor Coffey is distressed by criticism from the Greater Yakima Chamber of Commerce regarding "lack of professionalism, lack of cohesiveness, and inconsistency" on the part of the Yakima City Council. An executive session was held to discuss those concerns. In my opinion, that executive session did not meet the Open Public Meetings criteria. I have great respect for all of the Yakima Chambers, and for business interests. I was a business owner for 25 years, and I don't think that anyone else here can make that claim. However, the preferences of the CoC do not compel policy, any more than the preferences of a single City Council member. In particular, the 68% vote on the plaza Referendum, overrides the preferences of the Chamber of Commerce and the Council members who wanted to see the plaza go forward. Summation This censure procedure was added to the Council Rules of Procedure last summer. I thought that it could lead to trouble because it has no objective criteria, and I voted against it. I did not anticipate that it would lead to this type of trouble, but I think that it is helpful to openly discuss our differing expectations of City Council process. The selection of the Police Chief is an important decision. In light of the Patrolmen's Association "no confidence" vote and my own observations, I cannot agree with the City Manager's decisions or the Council's uncritical support. 1 stand by that decision, even though it is a minority opinion. Distributed at the.. Meeting Clear Tee, Sonya Subject: FW: Media Inquiry: Representing the public, representing the city From: Moore, Cliff Sent: Sunday, April 14, 2019 4:19 PM To: All City Council <ccounciI2@YAKIMAWA.GOV> Subject: Fwd: Media Inquiry: Representing the public, representing the city Council I am forwarding this message to all Council members at Nayor Coffey's request. Cliff Sent from my iPhone Begin forwarded message: From: "Coffey, Kathy" <Kathy.Coffey@yakimawa.gov> Date: April 14, 2019 at 2:33:24 PM PDT To: "Moore, Cliff" <CIiff.Moore@YAKIMAWA.GOV> Cc: "Price, Cally" <Cally.Price@yakimawa.gov>, "Beehler, Randy" <Randy.Beehler@yakimawa.gov> Subject: FW: Media Inquiry: Representing the public, representing the city Cliff, Below are my responses to questions asked by a Herald -Republic reporter on Friday. Please forward my responses to the rest of the Council members. From: Coffey, Kathy Sent: Sunday, April 14, 2019 2:28 PM To: 'LexTalamo' <Italamo@yakimaherald.com> Subject: RE: Media Inquiry: Representing the public, representing the city Lex, Following are my responses to your e-mail below. In my opinion, the action taken by a super majority of the Council to temporarily remove Councilmember Funk from her board, committee, and commission assignments, while significant, was duly warranted based on Councilmember Funk's pattern of behavior exhibited by her over an extended period of time that was not in accordance with provisions of the Code of Ethics for Yakima City Council Members (Code of Ethics) and Principles of Conduct of Conduct for Yakima City Council Members (Principles of Conduct) and potentially exposed the City to legal liability. I supported and continue to stand by that action. The phrase you cited from Section 1 of the Code of Ethics, "... maintain decorum and set an example for conduct when representing the City...", would arguably be defined differently by nearly everyone who reads it. For me, that phrase speaks to treating everyone Council members encounter with common courtesy and respect. 1 Section 1 of the Code of Ethics also includes the phrase, "...endeavor not to disgrace or embarrass the City while acting in an official capacity. The tipping point for me regarding Councilmember Funk's in appropriate pattern of behavior exhibited by her over an extended period of time occurred at the March 14th, 2019 meeting of the Council Healthy Communities & Neighborhood Development Committee (HCNB). In open session, Councilmember Funk, who chaired the HCNB, suggested that a community member who had left the committee meeting a few minutes earlier should be evaluated, voluntarily or involuntarily, to determine if the community member may have mental health issues. For a Council member to speculate on the mental health of a community resident in an open public meeting is wrong, disrespectful, and does not set an example for conduct when representing the City. Additionally, Councilmember Funk's action potentially exposed the City to legal liability. Through her comments at the March 14th, 2019 NCNB meeting, Councilmember Funk, while acting in an official capacity, did, in my opinion, disgrace and embarrass the City — a violation of Section 1 of the Code of Ethics. From my perspective, this public demonstration of a disregard for the reputation of a community member by Councilmember Funk based on conjecture regarding the community member's mental health is reason enough for the super majority of the Council to take the action it took to remove her, temporarily, from her board, committee, and commission assignments. In answer to your question regarding "freedom of speech," Council members are certainly allowed and encouraged to share opinions that may differ from action taken by a majority of the Council. However, as stated in Section II of the Code of Ethics, "Council members shall represent that the opinions stated are the member's own and do not necessarily represent those of the Council unless the Council has voted and passed an ordinance, resolution or motion that so states the expressed policy." Additionally, as stated in Section VI of the Principles of Conduct, Council members are expected to, "Refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the City Council, boards, commissions, or committees, staff, or the public." During several Council regular meetings in 2018, Councilmember Funk publicly criticized Transform Yakima Together's operation of Camp Hope (a homeless camp), including calling into question the qualifications of Camp Hope Manager Mike Kay, and the Yakima Valley Conference of Government's (YVCOG) funding of Camp Hope activities, specifically YVCOG's response to Councilmember Funk's repeated requests for data on the camp's operations. In a May 24th, 2018 letter to Councilmember Funk, YVCOG Executive Committee Chair James Restucci stated, "It has come to the attention of the YVCOG Executive Committee that you have made and continue to make statements about (YVCOG) specifically calling into question our fiscal policies and fitness as an organization. The letter goes on to say, "Absent facts that prove otherwise, we ask that you refrain from making comments about YVCOG and our management of public funds." At the Council's September 11th, 2018 regular meeting, YVCOG Executive Director Larry Mattson read a statement detailing YVCOG's efforts to respond to Councilmember Funk's request for data. Mattson also reiterated YVCOG's insistence that Councilmember Funk discontinue making negative and unfounded comments about YVCOG in public. Mattson's statement read, in part "If the false and disparaging statements do not terminate, we will be forced to consider other available courses of action to preserve and protect the reputation of our organization." In my opinion, Councilmember Funk repeatedly violated Section VI of the Principles of Conduct by refusing to refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of Transform Yakima Together, Mike Kay, and YVCOG. Furthermore, due to her unsubstantiated and continued assertions regarding Transform Yakima Together, Mike 2 Kay, and YVCOG, Councilmember Funk potentially exposed herself and the City to legal liability. From my perspective, those two examples of Councilmember Funk's pattern of behavior over an extended period of time not in accordance with the Code of Ethics and the Principles of Conduct qualify as severe violations. Another example of a severe violation occured when, on December 11th, 2018 following a decision by a majority of the Council to not fund a fire department public education captain position in the 2019 budget, Councilmember Funk was quoted in the Yakima Herald -Republic saying, `7 think it is disrespectful and destructive to the important public safety mission of the fire department." In that same article, Councilmember Funk was quoted as saying, "1 think having debated this last week, it strikes me as feckless and indecisive to make a change now." In my opinion, Councilmember Funk's public comments regarding the decision of a majority of the Council were in direct opposition to the letter and intent of Section IV of the Principles of Conduct, which reads, "Committed to working with City officials and staff in a conscientious and respectful manner." Additionally, in response to a vote of no confidence statement regarding City Manager Moore made by the Yakima Police Patrolman's Association (YPPA) during the Council's March 19th 2019 regular meeting, Councilmember Funk was quoted in the Yakima Herald -Republic saying, "I support the credentialed officers who have expertise in their field that the administration does not have." Councilmember Funk's newspaper quote continued, "When administration interferes with the expertise of the officers, bad things happen. To be dismissive and not respectful of the patrolmen does not wash with me." Councilmember Funk, according the newspaper article, also said that she supported the police union "100 percent."Those quotes were made prior to City Manager Moore having an opportunity to respond to the YPPA vote of no confidence and to provide information to the Council addressing the YPPA's allegations. In my opinion, Councilmember Funk's public comments regarding the YPPA's vote of no confidence statement regarding City Manager Moore represent a severe violation of Section III of the Principles of Conduct, which reads, "Committed to acting and being seen acting with integrity and impartiality that will bear the closest scrutiny." Also, at the March 14th, 2019 HCNB meeting, Councilmember Funk told an older male community member to let her know if a younger female assistant city attorney was "naughty" when the assistant city attorney responded to an information request from the community member. In my opinion, Councilmember Funk's inappropriate and, more importantly, insensitive comments represent a severe violation of Section VI of the Principles of Conduct, which reads, "Committed to working with City officials and staff in a conscientious and respectful manner." Section III of the Code of Ethics, as well as Revised Code of Washington Section 42.23.070 requires attendees at a Council executive session to refrain from divulging information discussed in the executive session. Following an April 26th, 2018 executive session of the Council called for the purpose of discussing prospective litigation, in open session Councilmember Funk said it was her intention to send a letter that was presented to the Council and discussed in the executive session to the media because she, "...feels this matter is a public issue and better handled in public." Additionally, during the Council's January 8th, 2019 regular meeting discussion regarding a lease agreement with Sunrise Outreach Center of Yakima to lease City property for a homeless 3 encampment, Councilmember Funk began to discuss prospective litigation that had been the subject of an earlier executive session. Assistant Mayor Gutierrez raised a Point of Order contending Councilmember Funk was talking about information that was discussed during an executive session. I found the Point of Order to be well taken. In my opinion, Councilmember Funk's comments on April 26th, 2018 and January 8th, 2019 were severe violations of the requirement of both the Code of Ethics and state statute for attendees at Council executive sessions to refrain from divulging information discussed in an executive session. Multiple revisions to the Rules of Procedure of the Yakima City Council (Rules of Procedure), including adding a new section concerning remedies for violations by Council members of the Rules of Procedure, the Code of Ethics, the Principles of Conduct, or other applicable laws and/or regulations, were adopted by a 6-1 vote (Councilmember Funk dissenting) at the Council's July 17, 2018 regular meeting. The action taken by a super majority of the Council at the Council's April 2nd, 2019 meeting to remove Councilmember Funk from her board, commission, and committee assignments for a period of six months was the first time the new remedies for violation section of the Rules of Procedure was utilized. Recently, the Greater Yakima Chamber of Commerce publicly criticized the Council for a lack of professionalism, a lack of cohesiveness, and inconsistency. The Chamber admonished the Council and asked that its members ask themselves, "How am I helping to solve problems? Are my actions and behaviors at meetings contributing to progress?" In my opinion, a majority of the Council has taken the Chamber's disapproval to heart and have actively worked to foster a more positive, collaborative, and collegial environment. Unfortunately, I haven't seen Councilmember Funk attempting to achieve those goals. By the action of a super majority of the Council, she is being held accountable for her actions. From: Lex Talamo [mailto:Italamo@yakimaherald.com] Sent: Friday, April 12, 2019 2:35 PM To: Coffey, Kathy <Kathy.Coffey(Wyakimawa.Rov> Subject: RE: Media Inquiry: Representing the public, representing the city Hi, Kathy, Thank you very much for sending along these documents. I have had time to review them. Some of my original questions still stand, and I do have a few additional questions after reviewing these rules. You will note some of these specific questions now specifically relate to council actions (as noted in the questions themselves). I do want to give you adequate time to respond. Can you please let me know if you will be able to answer these questions by Monday, April 15, by noon or as soon as possible? Please feel free to call or email. I am working this weekend so I'll be around if you have time to talk. General Questions 1) The Code of Ethics includes the statement that council members shall "maintain decorum and set an example for conduct when representing the city." Can you please tell me what "maintaining decorum" means to you? 4 2) What do you see as your obligations or responsibilities to the public whom elected you to serve on council? What do you see as your obligations or responsibilities to the city council and the city of Yakima? Are these roles ever at odds with each other or do you believe a council member is able to both serve the public and serve the city? Please explain. 3) The issue of 'freedom of speech' has come up at council meetings. When a council member has an opinion that is different from the seeming majority of the council prior to a council vote, what do you see as the proper way of making that concern or opinion known? After a council vote, are council members expected (and by whom) to speak only to the majority vote on any given decision? 4) How would you like to see council members treat each other moving forward? What do you feel has been working well at council meetings or what would you like to see improved? 5) I also liked this directive from the MRSC: "Be clear on what you stand for. List 10 things you believe in." Doesn't have to be 10, but can you please tell me what you believe about being a public servant leader? *Regarding Section K on how to address violations of council rules and procedures: I noticed that there were several steps that council could take to reprimand or censure a councilmember whom they feel is out of line: a verbal reprimand, a public censure, a removal from council boards, a removal from council and non -council boards. This section does not list specifically what would qualify as a "severe" violation. 1) In general, what qualifies as a "severe" violation of the rules of decorum that you included? Do any specific actions come to mind? 2) If that is too vague: in your time on council, has the council ever verbally reprimanded a council member? Has the council ever publicly censured a council member? Has the council ever stripped a council member of just council -boards? Has the council ever stripped a council member of both council - boards and non -council boards? If so, can you please provide the context that led you to support such a decision? Specific Questions 3) Specific to Councilwoman Kay Funk: Has the council taken any formal action prior to her being stripped of council and non -council boards for a period of six months that publicly announced that her behavior had been deemed unacceptable? If so, please let me know the specifics. If not, please explain why you felt imposing the most severe sanction on Councilwoman Funk without prior public reprimands was warranted. 4) Specific to Councilwoman Kay Funk: The Council Rules and procedures manual also mentions that any written motion bringing allegations against a council member must also include "evidence" backing up those claims. Can you please tell me why you felt the evidence included in Mr. Hill's motion was both specific and severe enough to warrant Councilwoman Funk's disbarring from the boards and commissions on which she served? I know this is a lot. I'm very grateful for any answers you can provide. As stated in my original email, I am hoping this article will be an open conversation and clarification for our readers about what they can and should expect from their representatives and what open government looks like in the Yakima City Council. Please feel free to add anything I may have missed. Blessings! Lex 5 Lex Talamo I Government & Investigations Reporter B: (509) 577-7709 1 C: (509) 833-2168 Reaching 7 out of 10 Yakima adults in print and online. Fall 2015 -Fall 2016 Nielsen Scarborough Report (Yakima/Pasco/Richland/Kennewick) From: Coffey, Kathy <Kathy.Coffey@yakimawa.gov> Sent: Thursday, April 4, 2019 11:13 AM To: Lex Talamo <Italamo@yakimaherald.com> Subject: RE: Media Inquiry: Representing the public, representing the city Lex, Thank you for letting me know you would like to do some additional work on City Council issues. As I read your questions, it occurs to me that as you do your background research, you might like to review the following documents: O. Council Rules of Procedure (attached), updated and adopted by Council in October 2018 ❑. Council Code of Ethics (attached), adopted by current Council January 9, 2018, signed by all current Council Members and posted on the wall outside Council chambers E. Principles of Conduct for Council Members (attached), adopted by current Council January 9, 2018 E. City Of Yakima Charter, available at: https://www.yakimawa.gov/council/assets/CITY-CHARTER- 7-5-16.pdf E. Revised Code of Washington, Chapter 35.18: Council -Manager Plan, available at: https://app.leg.wa.gov/rcw/default.aspx?cite=35.18 C. Revised Code of Washington, Chapter 35.22: First Class Cities, available at: https://app.leg.wa.gov/rcw/default.aspx?cite=35.22 E. Revised Code of Washington, Chapter 42.30: Open Public Meetings Act, available at: https://apps.leg.wa.gov/rcw/default.aspx?cite=42.30 E. Municipal Research Services Center Mayor & Council Member Handbook, available at: http://m rsc.o rg/getmed ia/034f13 b6-7ec2-4594-b60b-efaf6ldd 7d 10/Mayor-And- Councilmember-Handbook.pdf.aspx?ext=.pdf Once you have reviewed all this material, you may wish to revise your questions, or at a minimum, you will have a better understanding of the context in which we are working, and the documents, rules and laws that will inform my responses. Regards, Kathy From: Lex Talamo[mailto:Italamo@yakimaherald.com] Sent: Wednesday, April 03, 2019 9:03 PM To: Coffey, Kathy <Kathy.Coffey@yakimawa.gov> Subject: Media Inquiry: Representing the public, representing the city Hey, Kathy, Hope this finds you well. Several events of the past week have raised the question for me, and for readers, about city council decorum. I am working on a follow-up article to give everyone on council the opportunity to clarify their expectations and concerns. I will be reaching out to all members of the council for this article. I will 6 include everyone who sends me a response. I will include a note in the story that all council members are expressing their individual thoughts and are not speaking on behalf of the council as a whole. I will need to hear from you by Monday, April 8, if you would like to be included in the article. Feel free to call my cell- 509-833-2168-, email a response, or let me know if you'd like to meet in person. If you are not able to meet this deadline, please let me know as it is important to include as many voices as possible. Questions: 1) What does it mean to you to be an elected member of the city council? What decorum does the position require? What does "respect" look like? What does "professionalism" look like? 2) What responsibilities or obligations do you have to the members of the public in your district who elected you to be their representative? 3) What responsibilities or obligations do you have to the other members of the city council? To the city of Yakima as a whole? 4) Are these two — your position as an elected representative of the people and your position as a cohesive city body — at odds with one another? 5) I have never heard, prior to covering the Yakima City Council, that any time an individual council member speaks, that individual's comments could be construed to represent the entire council's opinion. In your experience as a council member, has this been an issue in the past? Have your constituents given you any feedback that they believe you are speaking on behalf of the entire council? Has there ever been an official "voice" of the entire council? Moving forward, do you see any way to keep the record clear of when a council member is speaking on his/her own behalf or on behalf of the entire council? 6) The issue of 'freedom of speech' came up at Tuesday's council meeting. When a council member has an opinion that is different from the seeming majority of the council prior to a council vote, what do you see as the proper way of making that concern or opinion known? After a council vote, are council members expected (and by whom) to speak only to the majority vote on any given decision? 7) I have heard from several members of the public now that the atmosphere at city council meetings seems to have become tense. I would be interested in any thoughts you may have about how any specific (or general) actions of council members and their interactions with each other can help, or hinder, the smooth functioning of government. If that's too vague of wording for you, can you please tell me what you see working really well in council interactions and what you feel could be improved to keep the city moving forward? (Not looking for any blame or any specific naming of people here: just what you would like to see ideally moving forward. If you believe everything is working well, please let me know that) If there's anything you would like to add please feel free. This article is not looking to condemn or justify any actions of any specific council member in the past few weeks, but rather to be an open conversation and clarification for our readers about what they can and should expect from their representatives. Blessings! Lex Lex Talamo I Government & Investigations Reporter B: (509) 577-7709 1 C: (509) 833-2168 7