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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
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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
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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
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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
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