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05/21/2019 05A Councilmember Funk's Request for Written Clarification on which Meetings She can Attend to\'4\lyy tbxk ik 1 PP1-:4P PPP g. A PPP+P '+l g ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 5.A. For Meeting of: May 21, 2019 ITEM TITLE: Councilmember Funk's request for written clarification on which meetings she can and cannot attend SUBMITTED BY: Cliff Moore, City Manager SUMMARY EXPLANATION: At the May 7, 2019 Council regular meeting, Councilmember Funk requested to add a discussion item to the May 21 , 2019 agenda meeting to review which meetings she can and cannot attend related to her censure. The resolution of censure and a draft response from the Mayor are attached for your review. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: fir City Manager STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D draft letter 5/10/ 019 r Me o reso 2019-041 5/1 /2019 r Memo 2 May 21, 2019 Councilmember Kay Funk 129 N. 2' Street Yakima, WA 98901 Re: Your request for clarification of City Council censure motion Dear Councilmember Funk: At the May 7, 2019, City Council meeting you sought clarification as to the censure resolution made against you. That resolution (R-2019-041), which passed 5-2 on April 16, 2019, stated as follows: 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. Your clarification request related to what meetings you may, or may not, attend. This action by a super-majority of the Council removes you from participation in all City Council Committee assignments. As such, you are removed from being a member of the Healthy Neighborhoods and Building Committee (and from being its chair), and the Public Safety Committee, for a period of six months—April 16, 2019 through October 16, 2019. Further, you have been removed from your assignments on non-City Council Committees. These include your appointments to the Board of Health (Yakima Health District), Solid Waste Advisory Board, Yakima County EMS Board, Yakima Parks Commission liaison position,911 Administrative Board, and OEM Board, as well as your position as an alternate to any other board, commission or committee. The action taken by the City Council does not preclude you from attending any open public meeting; however, if that open public meeting is a meeting of a city council committee, you are not allowed to participate in the meeting. Such participation would violate the resolution passed by Council, and create a violation of the Open Public Meetings Act. Should you choose to attend a non-City Council open public meeting for which you were previously assigned, you cannot participate on behalf of the City of Yakima, or represent yourself as acting as a City Councilmember. Nothing in the resolution precludes you from attending and fully participating in all City Council business, special, or emergency meetings. Nothing in the resolution precludes you from attending or fully participating in any executive session held by the City Council. Any further questions should be directed to the full Council. Sincerely, Kathy Coffey Mayor 3 RESOLUTION NO. R-2019-041 A RESOLUTION 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 4 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 16th day of April, 2019 — ATTEST Ka y Coff y Allay r onya Cla r ee, ity lerk ��� ��