HomeMy WebLinkAbout03/01/2022 06.I. Resolution adopting amended Rules of Procedure of the Yakima City Council •
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.1.
For Meeting of: March 1, 2022
ITEM TITLE: Resolution adopting amended Rules of Procedure of the Yakima
City Council
SUBMITTED BY: Sara Watkins, City Attorney
Sonya Claar Tee, City Clerk
SUMMARY EXPLANATION:
The Council recently evaluated a number of rules changes. This document reflects the
discussion at the February 8, 2022, study session.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date Type
rtes-uouncil mules of Procedure 2/15/2022 Resolution
O Council Rules of Procedure Final 2/16/2022 Backup Material
D Council Rules of Procedure Redline 2/16/2022 Backup Material
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RESOLUTION NO. R-2022-
A RESOLUTION adopting amended Rules of Procedure of the Yakima City Council.
WHEREAS, the City Council is authorized to create its own rules of procedure; and
WHEREAS, recent Charter amendments voted on by the people required changes to be
made to the rules of procedure; and
WHEREAS, additional changes to the rules were evaluated; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of
the City and its residents to amend its rules of procedure; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City of Yakima Rules of Procedure of the Yakima City Council are hereby amended.
The attached version of the rules of procedure shall be adopted as the City Council's rules of
procedure.
ADOPTED BY THE CITY COUNCIL this 1st day of March, 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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RULES OF PROCEDURE
OF THE
YAKIMA CITY COUNCIL
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TABLE OF CONTENTS
PAGE
INTRODUCTION 1
A. ORGANIZATION
1 . Election of Mayor and Assistant Mayor 2
2. The Mayor is the Chair of the Council Meetings 2
3. Chair may call member to chair. .2
4. Duties of the Mayor.. 2
5. Duties of Assistant Mayor 3
6. Temporary Chair... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....3
B. RIGHTS AND DUTIES OF MEMBERS
1 . Duty to Vote -Abstention... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 3
2. Attendance by speakerphone or video 3
3. Notification of a Council member's absence from a Council session 5
4. Council member terms and oath of office 5
5. City Council wireless communication devices and public records
responsibilities 6
6. Council contacts with staff.. 6
7. Council contacts with others. 7
8. Filling a Council vacancy. 7
9. Council Committees 8
10. Adoption of specified provisions of the Yakima Administrative Code that
shall apply to City Council members
C. MEETINGS
1 . Regular meetings - Time of meeting 8
2. Regular meetings - Place of meetings. 8
3. Meetings - Items considered 9
4. Executive Sessions. 9
5. Quorum 10
6. Emergency meetings 10
7. Use of electronic devices during Council meetings. 11
8. Interpreter at City Council Meetings
9. Invocations
D. PROCEDURE - ORDER AND DECORUM
1 . Chair to decide who entitled to the floor.. . 12
2. Seating policy. .12
3. Reading of ordinance/resolution title 12
E. PROCEDURE - MOTIONS
1 . Form of motion 12
2. Motion to be restated 12
3. Second required 12
4. Withdrawing a motion 12
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5. Motions in order during debate. 12
6. Motion to adjourn always in order - Exceptions.. 13
7. Motion to table temporary only. . 13
8. Motions to postpone or refer.. . 13
9. Motions must be germane 13
10. Motions to refer or postpone preclude amendments.. 13
11 . Questions not debatable 13
12. Division of question... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 14
13. Call for the question (Previous Question motion)... ... ... ... ... ... ... ... ... ... ... 14
14. Council consensus... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 14
F. PROCEDURE - RECONSIDERATION
1 . Who may move to reconsider. 14
G. PROCEDURE - DEBATE
1 . Substitute motions. 14
2. Amendments must be germane 14
3. Tabling amendment - Not to prejudice motion 14
4. Order of action. 15
5. Order of discussion/debate 15
H. PROCEDURE -VOTING
1 . Roll call on final passage. . 15
2. Voting or changing vote after decision announced 15
3. Changing vote before decision announced 15
4. Council members required to vote - Late voting 15
5. Putting the question - Division. . 15
I. PROCEDURE - ORDER OF BUSINESS
1 . Roll call - Minutes of previous meeting 16
2. Agenda for meetings.. 16
3. Special order of business 16
4. Public comment. 16
J. PROCEDURE - ADOPTION OF ORDINANCES, RESOLUTIONS & MOTIONS
1 . Introduction and form - Working copies. 16
2. Passage on first reading 17
3. Hearings... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 17
4. Ordinances and resolutions adopted - Signing, deposit and publication... 17
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... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 17
2. Process... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 17
L. PROCEDURE - SUSPENSION OF RULES 19
M. PROCEDURE - ROBERT'S RULES OF ORDER ... ... .... ... ... ... ... ... ... ... ... . 19
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N. AMENDMENT... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 20
O. RECORDING OF RULES... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 20
P. RULES CONFLICTS
Q. EXTERNAL ACTIONS BY COUNCIL AND PARTICIPATION ON EXTERNAL
BOARDS
1. Mayoral Authority
2. Letters of Support
3. Council Participation on External Boards, Committees and Commissions
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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 and Council representation on external boards, committees, and
commissions. 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.
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RULES OF PROCEDURE
OF
THE YAKIMA CITY COUNCIL
A. ORGANIZATION
1. Election of Mayor and Assistant Mayor
The Council of the City of Yakima, immediately after its election and qualification,
shall elect from among the members a Mayor and Assistant Mayor.
2. The Mayor is the Chair of Council Meetings
The Mayor shall preside as the Chair of all meetings of the Council and shall have
the general direction of the meetings.
3. Chair may call member to chair
The Mayor or any other member of the Council who may be acting as Chair at a
meeting of the Council may call any member of the Council to the Chair to occupy
same temporarily and such member shall be vested with all the powers of the Chair
while so presiding. Such a substitution shall not extend beyond an adjournment.
4. Duties of the Mayor
It shall be the general duty of the Mayor as Chair of the Council:
(a) To take the chair every day precisely at the hour for which the meeting of the
Council has been called or to which the Council may have adjourned and
immediately to call the Council to order and proceed with the daily order of
business.
(b) To announce the business before the Council in the order in which it is to be
acted upon.
(c) To receive and submit in the proper manner all motions and propositions
presented by the members of the Council.
(d) To put to vote all questions which are properly moved, or which necessarily arise
in the course of proceedings, and to announce the result thereof.
(e) To inform the Council when necessary, or when referred to for that purpose, on
any point of order or practice. In the course of the discharge of this duty she/he
shall have the right to call upon the City Attorney or any member of the Legal
Department for advice.
(f) To authenticate by his/her signature when necessary, or when directed by the
Council, all the ordinances and resolutions, and all the acts, orders and
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proceedings of the Council, and entries in the official record of the Council when
the same have been approved by it.
(g) To maintain order at the meetings of the Council, for which purpose she/he shall
have the right to call upon the Chief of Police and any and all other officers of the
Police Department for assistance.
5. Duties of Assistant Mayor
The Assistant Mayor, during the absence of the Mayor, shall have and perform all
the duties and functions of the Mayor. The Assistant Mayor may also provide
support with parliamentary procedure and timekeeping as requested by 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.
7. First Meeting After Council Election
At the first meeting after the election of Councilmembers, generally the first Tuesday
of January in even numbered years, the City Clerk shall call the meeting to order.
The Clerk will take roll call and then solicit nominations for the role of Mayor. Upon
determination of Mayor, the City Clerk is relieved of their duty to facilitate the meeting
and the meeting will be turned over to the newly-appointed Mayor.
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.
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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. No more than two Council members at one
time may attend any of those meetings telephonically or by video, unless the
meeting will be entirely done remotely, in which case all Council members may
appear 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 the event a meeting is entirely remote, appearance by
telephone or video does not count towards a Council member's limit of two such
appearances.
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:
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, PowerPoint 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.
(b) Quorum
A Council member who is connected remotely to the telephone line in the
meeting place or by video shall be considered to be actually present at that
meeting for the period of time he or she is so connected, and that presence shall
count toward a quorum of the Council or committee for all purposes, 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.
ii. When the Council meeting begins or when the particular agenda item is
ready to be discussed, the Mayor (or presiding officer, if the Mayor is not
physically present) should state for the record:
A. Let the record reflect that Council Member is
attending by speakerphone [or video] for [the entire meeting] or [Agenda
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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.]
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.
3. Notification of a Council member's absence from a Council session
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(a) Councilmembers shall relay any scheduled travel or periods of absence to the
Mayor and the City Clerk by email well in advance—at a minimum five days—of
known attendance conflicts. An exception to the advance notification will be made
for emergency situations or unexpected situations that prevent attendance. When
this notification is provided, the Councilmember shall be granted an excused
absence from any meetings that occur during that timeframe. Councilmembers shall
also notify the Mayor and City Clerk if they will knowingly be late to any meetings.
(b) Any excused absences shall be announced by the presiding officer at the
beginning of the meeting and noted in the minutes. Any absences that are not
excused in advance will be noted as unexcused in the minutes.
(c) Per the Yakima City Charter, if a Councilmember fails to attend three
consecutive regular meetings of the City Council or six or more regular City Council
meetings during any calendar year without being excused by the Council in
accordance with the provisions set forth in the Rules of Proceudre of the Yakima City
Council, their seat shall become vacant. In addition, excessive, continued or
prolonged excused absences or tardiness may be addressed by the City Council on
a case-by-case basis.
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 31 st following the election except:
1) Where the term of office varies from the standard according to RCW 29A.60.280;
and, 2) If the election results have not been certified prior to January 1' 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, 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. City Council Wireless Communication Devices and Public Records Responsibilities
(a) Each City Council member will have the opportunity to utilize a City-owned
cellular telephone and a separate device for online access. At the time these
devices are received from the Information Technology Services Division (ITS),
each Council member receiving such devices shall complete a basic form ITS will
provide acknowledging the receipt of the devices as well as the responsibility to
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return the devices in good order no later than the day before the Council
member's term ends.
(b) At the conclusion of a Council member's service with the City, he/she shall verify
that she/hehas returned all City-owned devices to the City and shall attest by
written affidavit that they have transferred all public records in his/her possession
to the City.
6. 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 publicly 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.
(c) The requirements 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 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.
7. 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.
(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.
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(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 may
consider external 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.
(g) Generally Councilmembers have the same freedoms of association as any other
citizen. Councilmembers must take great care when present at the same social,
unofficial functions, or in any public setting to refrain from engaging in any activity
which could be interpreted as de facto deliberation or action on a matter of city
business.
8. Filling a Council vacancy
If a vacancy occurs in the office of Council member, the Council will follow the
procedures outlined in RCW 42.12.070 and the City Charter. In order to fill the
vacancy with the most qualified person available until an election is held, the Council
will widely distribute and publish notice of the vacancy, the procedure by which the
vacancy will be filled, and how to obtain an application form.
9. 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
choose 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 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.
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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.
10. Adoption of specified provisions of the Yakima Administrative Code that shall apply
to City Council members'
The following City Administrative Polices are incorporated in the City Council Rules
of Procedure and applicable to and observed by the City Council members.
Administrative Policy references to "employee(s)" shall include City Council members
with respect to the following Policies:
Policy Number
1-300 City-owned Wireless Devices
1-400 City-owned Technology Resources
1-550 Electronic Communications Process at Employee Departure
1-1400 Public Records Disclosure
1-1500 Receiving Gifts and Discounts
1-1550 City Owned Devices and Records Management Policy
3-400 Procurement Cards
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 will generally convene at 5:30
p.m.
2. Regular meetings - Place of meetings
(a) City Hall
Unless notice is given pursuant to Rule C.2.b. of these Rules, all regular
meetings of the Council shall be held in the City Council Chambers on the first
floor of City Hall and all study session meetings shall be held either in the City
Council Chambers or another properly noticed location.
(b) Changed meeting place
Any meeting of the Council may be held at a place other than that required by
Rule C.2.a. hereof on proper notice of a changed meeting place.
(c) Special meetings
Special meetings may be called by the presiding officer or by a majority of the
members of the Council pursuant to RCW 42.30.080. 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
1 Approved by Council April 7, 2020.
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(a) At regular meetings of the City Council, no action should 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 these procedural
rules should be suspended and the Council should take action to address the
item not appearing on the posted agenda. or 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 and RCW 42.30.080(3), 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 Council taking action at the
close of the executive session and return to open session.
i. At the close of the executive session and upon the Council's return to the
Council Chambers, the Chair declares that the Council is out of executive
session and asks for the appropriate motion (i.e. an action motion or a
motion to adjourn).
ii. To protect the best interests of the City, Council members shall keep
confidential all verbal and written information provided during executive
sessions. Confidentiality also includes information provided to Council
members outside of executive sessions when the information is considered
exempt from disclosure under the Code of Ethics for Municipal Officers
(RCW 42.52), Attorney- Client Privilege, and/or the Public Records Act
(RCW 42.56).
(b) RCW 42.30.110 explains the purpose for holding an executive session, some of
which include:
i. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition
of real estate by lease or purchase when public knowledge regarding such
consideration would cause a likelihood of increased price (pending land
acquisition).
ii. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for
public employment or to review the performance of a public employee.
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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).
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).
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)0),
"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 during 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.
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5. Quorum
Four members of the Council shall constitute a quorum thereof for the transaction of
business. Except as otherwise specified by law or City Charter, a majority vote of
the Council members shall be required and shall be sufficient to transact any
business before the Council.
6. Emergency meetings
(a) Emergency meetings of the Council may be called by the Mayor or any two
Council members pursuant to RCW 42.14.075. RCW 42.14.075 provides:
"Whenever, due to a natural disaster, an attack or an attack is imminent, it
becomes imprudent, inexpedient or impossible to conduct the affairs of a political
subdivision at the regular or usual place or places, the governing body of the
political subdivision may meet at any place within or without the territorial limits of
the political subdivision on the call of the presiding official or any two members of
the governing body."
(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 meetings
All current ("live") electronic communication between Council members and any party
relating to City business shall be prohibited during a Council meeting. Council
members will not utilize 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 not use electronic
devices during a Council meeting for any purpose other than relevant City business
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so that each Council member's full attention can be on the business being
conducted.
8. Interpreter available at Council meetings
A professional English-to-Spanish interpreter will be available at the two Council
business meetings regularly scheduled to take place each month. If interpreter
services are not needed within an hour of the beginning of a Council business
meeting, the interpreter present will be allowed to leave the meeting. For other
Council meetings (i.e. special meetings, executive sessions, study sessions, retreats,
committee meetings, etc.), the City will provide interpreter services only if the
issue(s) to be discussed is expected to draw a large crowd (based upon the
determination of the mayor and/or city manager) or if interpreter services have been
requested as per this policy. Interpreter services can be requested for Council
meetings by contacting the Yakima City Clerk's office not less than forty-eight (48)
hours prior to the start of such meeting. If during a meeting it is necessary for a
speaker's comments to be interpreted so that Council members and others in
attendance may understand them, the time required for interpretation will not be
counted against the designated time for speakers to address the Council.
9. Invocations
Resolution R-2011-33 outlines the City Council's policy regarding invocations at
Council meetings.
D. PROCEDURE - ORDER AND DECORUM
1. Chair to decide who is entitled to the floor
If two or more members of the Council desire to be heard at the same time, the Chair
shall name the member who is to speak first.
2. Seating policy
The Mayor shall sit at the center of the Council. The Assistant Mayor shall sit
immediately to the right of the mayor. With the exception of special circumstances
(medical necessity, etc.), all other Council members are to be seated in a manner
acceptable to the Council. If there is a dispute over seating, Council members, other
than the Mayor and Assistant Mayor, will be seated in district position order from left
to right (while facing the dias).
3. Reading of ordinance/resolution title
When an ordinance or resolution is to be considered by the Council, prior to any
discussion or debate, the title of the ordinance or resolution to be considered will be
read aloud by the City Clerk.
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. It is preferred that non-
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routine motions be submitted in writing to the City Clerk prior to the meeting if
possible.
2. Motion to be restated
When a motion is made, it shall be restated by the Chair or City Clerk before debate
begins.
3. Second required
A second to any motion of the Council shall be required.
4. Withdrawing a motion
After a motion is stated by the Chair or read by the City Clerk, it shall be deemed in
the possession of the Council, but may be withdrawn at any time before division or
amendment by the unanimous consent of the Council.
5. Motions in order during debate
When a question is under debate, no motion shall be received except:
(a) To fix the time to adjourn.
(b) To adjourn.
(c) To refer an item to a committee.
(d) To lay on the table.
(e) To postpone to a day certain.
(f) To postpone indefinitely.
(g) To amend.
(h) To recess.
6. Motion to adjourn always in order - Exceptions
A motion to adjourn shall always be in order except when the Council is voting and
except when a previous motion to adjourn having been defeated, and no intervening
business has been transacted. However, this rule shall not authorize any member to
move an adjournment when another member has the floor.
7. Motion to table temporary only
The passage of a motion to lay on the table shall have only the effect of disposing of
the matter temporarily in order to address a matter of emergent importance, and the
tabled matter may be taken from the table at any time by order of the Council. If a
tabled matter is not taken from the table at the same 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 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
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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. 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. Vote.
The procedural motions enumerated herein shall be decided by a majority vote of the
Council Members present at the meeting, unless otherwise indicated.
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. Only a Council member who voted on the prevailing side of the
original motion can move for reconsideration. If a motion to reconsider is passed,
then debate resumes on the original motion.
2. When a motion to reconsider is not allowed
If a motion has been adopted and any part of the motion's provisions have been
executed, a motion for reconsideration is not allowed.
3. Alternatives to a motion for reconsideration
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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 subject as the original motion, resolution,
proposition or ordinance.
3. Tabling amendment - Not to prejudice motion
An amendment may be laid on the table without prejudice to the main motion or
question. When an amendment proposed to any pending measure shall be laid on
the table, such action shall not carry with it or prejudice such measure.
4. Order of action
If any amendment is offered, the question shall be first upon the amendment.
5. Order of discussion/debate
After the title of an ordinance or resolution has been read (see Section D —3 herein),
the Chair will request a staff report(s), if necessary, be given. Following the staff
report(s), the Chair will entertain a motion to adopt or deny the ordinance or
resolution. If the motion receives a second, the Chair or City Clerk will restate the
motion, and the Chair will then invite discussion by the Council. The maker of the
motion will be given the choice to speak first. 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.
6. Informal Discussion
Subject to the Chair's discretion, informal discussion may occur when no motion is
pending. Such informal discussion shall be limited, subject to the discretion of the
Chair.
7. Courtesy
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Members of the Council, in the discussion, comments, or debate of any matter or
issue, shall be courteous in their language and shall not engage in contemptuous or
disorderly behavior, or discuss or comment on personalities, or indulge in derogatory
remarks or insituations in respect to any other member of the Council, or any
member of the staff or the public, but shall at all times confine their remarks to those
facts which are germane and relevant, as determined by the presiding officer, to the
question or matter under discussion.
H. PROCEDURE -VOTING
1. Roll call on final passage
(a) The vote upon the final passage of all ordinances and resolutions shall be by
ayes and nays given by members of the Council individually on roll call. The
names of the members on such roll call shall be called alphabetically and rotated
after each vote. On other questions the vote shall be taken orally in the manner
hereinafter provided, PROVIDED that a roll call shall be ordered on the vote on
any other question when demanded by 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.
(b) In circumstances where the Mayor believes that there is consensus on a matter
not requiring a formal motion and vote where yeas and nays shall be called and
recorded, they may ask if there is consensus or if there are any persons opposed
to passage of the motion. Silence of a Council member during a consensus vote
shall be recorded as a vote with the prevailing side, except when a Council
member abstains. Any Councilmember may demand a roll call vote rather than a
determination by consensus. The majority of votes should be taken by roll call.
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 vote before the decision of the
question has been announced by the Chair.
4. Council members required to vote - Late voting
Every member of the Council shall, when a question is put or when his/her name is
called, vote unless a member shall, for a special reason, be excused as hereinbefore
provided, or unless she/he has a direct personal or financial interest in the event of
such question.
5. Putting the question - Division
Except as hereinbefore provided, the Chair shall put questions in this form:
"Those who are in favor (as the question may be) say 'Aye'.
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After the affirmative vote is expressed he/she shall say,
"Those who are opposed, say 'No',"
If she/he doubts the result of the oral vote, or if a division be called for by any
member of the Council, the Council shall divide. In such division those in the
affirmative shall vote first and afterward those in the negative.
I. PROCEDURE - ORDER OF BUSINESS
1. Roll call - Minutes of previous meeting
(a) At all meetings before proceeding to business, the roll of the Council members
shall be called and the names of those present and those absent shall be
entered into the record.
(b) Minutes of 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.
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 listed on the meeting agenda
and/or within the City's purview. A guideline of two and one-half (2 %) minutes per
speaker is in place in order to allow as much opportunity as possible for audience
participation. The total time allowed for public comment is limited to thirty-five (35)
minutes at regular meetings. The time allowed for all speakers may be extended or
reduced at the discretion of the Chair and/or the majority vote of the Council.
Members of the public may be asked to document their assertions of fact by
Council members.
5. Decorum during public comment.
All persons providing public comment, and members of the audience, shall maintain
order and decorum during the public comment period. If any person in the council
chambers threatens another person, becomes aggressive, moves towards the
councilmembers from the podium or audience seating, or otherwise is seen as
disruptive, the presiding officer may ask that the person exhibiting these behaviors
be removed from the Council chambers by the Chief of Police or such member or
members of the Police Department attending the meeting. If a meeting is interrupted
so as to render the orderly conduct of the meeting unfeasible and order cannot be
restored by the removal of individuals interrupting the meeting, the meeting may be
adjourned
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6. Recess.
The presiding officer has the authority to recess, subject to appeal, any meeting
when noise, distrubance, indecorum, or other circumstances warrant a recess to
enable the Council to conduct its meeting in an appropriate manner. The presiding
officer also has the authority to recess a meeting upon the request of any
Councilmember. Recognizing that fatigue, discomfort, and tedium detract from the
quality of participation in a deliberative process on the part of all participants, the
presiding officer is encouraged to call or grant requests for recesses as needed and
at such frequency as dictated by the time of day, temperature, and other factors.
7. Procedures for large public audiences.
When it is anticipated that there will be a large public audience, the City Manager
has the authority to move the council meeting to a location that can better
accommodate the audience. Council may, at the beginning of such meeting, amend
the Council rules of procedure to accommodate the large audience as it sees fit.
Amendments for the particular meeting could include, but are not limited to, changing
the time per speaker during public comment or changing the total time allotted for
public comment.
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 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.
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K. REMEDIES FOR VIOLATIONS BY COUNCIL MEMBERS OF COUNCIL RULES OF
PROCEDURE, COUNCIL CODE OF ETHICS, COUNCIL PRINCIPLES OF CONDUCT,
ADOPTED ADMINISTRATIVE POLICIES 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.
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, adopted
Administrative Policies 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, adopted Administrative Policies 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-plus-one 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-plus-
one 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-plus-one of the Council that a
violation(s) occurred.
(c) If a majority-plus-one of the Council determines the severity of the violation(s)
committed by a Council member(s) is of such magnitude, OR that the Council
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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-plus-one 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-plus-one 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-plus-one 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-
plus-one 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-plus-one 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-plus-one 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-
plus-one 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
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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,
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 OR WAIVER OF RULES
No rule of the Council shall be suspended or waived without the vote of a majority of all
of the members of the Council present at the meeting. No action taken by a Council
member or by the Council which is not in compliance with these rules, but which is
otherwise lawful, shall be invalid, or be deemed a violation of the oath of office,
misfeasance or malfeasance. These rules do not grant rights or privileges to members
of the public or third parties.
M. PROCEDURE - ROBERTS 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.
P. RULE CONFLICTS
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In the event of any conflict or inconsistency between applicable rules, the order of
precedence to determine the governing rule shall be: (1) the Charter; (2) City
Ordinances; (3) these Rules; and (4) Robert's Rules of Order.
Q. EXTERNAL ACTIONS OF THE COUNCIL AND REPRESENTATION ON EXTERNAL
BOARDS, COMMITTEES AND COMMISSIONS
1. Mayoral Authority
In accordance with the City Charter, the Mayor has no executive authority. All
appointments to represent the City of Yakima and the Yakima City Council to
outside groups. There will be an exception when state statute requires
representation from the Mayor.
2. Letters of Support
The City Council wishes to create an orderly process by which local groups can
request that the City Council provide a "letter of support" for a project or action.
Such letters are usually requested to document Council support of an "ask"to an
outside agency, often an application for project funding.
(a) Matters where the City's position is known.
On matters where it is understood and known the City's position of support for
a project or issue, the City Manager or Mayor may sign and approve a Letter of
Support for a project, grant, or other purpose. If the City's position is unknown,
or the matter is believed by the City Manager to be controversial, the City
Manager may choose to bring the proposed Letter of Support to the City
Council for decision.
(b) Routine business
City Councilmembers may request to have a request for a letter of support
placed on the agenda of the next business meeting for discussion during the
Other Business section of a regular council meeting. If the addition to the
agenda is approved, the entity requesting the letter of support shall provide a
copy of the proposed letter and supporting documents to the City Clerk on or
before the Tuesday prior to the business meeting where the Council will
evaluate the request. Supporting documents should include a summary of the
project and its impact on the City, as well as financing information if the request is
for a letter of support for funding.. This allows inclusion of the letter and
documents in the agenda packet for the next business meeting and a
substantive discussion on the topic by the Council. If the City Manager
deems it appropriate, staff will also provide a staff report on the request. A
representative from the requesting party shall be present at the meeting
where the Council will discuss the request.
(c) Expedited action
If there is an urgent need for expedited approval, it is the responsibility of the
requesting party to provide justification for urgent action with their request. Such
justification should include:
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i. Documentation of the deadline, and when that deadline was
announced;
ii. A copy of the letter of support sought to be signed by Council in word
format to allow for editing by City staff;
iii. An explanation as to how the project furthers established City priorities;
and
iv. Any other information requested by the City.
(c) Letters of Support approved by vote of the Council are to be signed, "'on
behalf of (or under the authority of) the Yakima City Council", and can be
signed by any or all Council Members.
3. Council member participation on external boards, committees or commissions.
a. Council members shall not be appointed to or serve as voting members on any
board that receives funding from the City, with the exception of those otherwise
authorized by law.'
b. At the beginning of each year after a Council election, the City Manager shall
prepare a document indicating all the current boards, committees and
commissions on which City Council members are asked to serve and/or
participate. An agenda item will be placed on a regular city council meeting
agenda to discuss the committees and make appointments to committees. All
appointments to committees, unless otherwise dictated by law or contract, shall
be done by the Council.
c. Council members may be asked to serve and/or participate on Inter-
Governmental committees and boards. Appointment to Inter-Governmental
committees and/or boards shall be made consistent with the governmental
documents creating said committee or board. If the governmental documents do
not specify how Council members are to be appointed, then the City Council
should appoint members as outlined in Section 3(b) above.
d. If a Council member is appointed as an ex-officio board member for a non-profit
entity, that member shall not become an officer of the board during the ex-officio
assignment.
R. Policy for Appointments of Residents to City Board, Committee and
Commission Vacancies.
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.
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
'Policy approved on February 17, 2016.
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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.
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32
RULES OF PROCEDURE
OF THE
YAKIMA CITY COUNCIL
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TABLE OF CONTENTS
PAGE
INTRODUCTION 1
A. ORGANIZATION
1 . Election of Mayor and Assistant Mayor 2
2. The Mayor is the Chair of the Council Meetings 2
3. Chair may call member to chair. .2
4. Duties of the Mayor.. 2
5. Duties of Assistant Mayor 3
6. Temporary Chair... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....3
B. RIGHTS AND DUTIES OF MEMBERS
1 . Duty to Vote -Abstention... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 3
2. Attendance by speakerphone or video 3
3. Notification of a Council member's absence from a Council session 5
4. Council member terms and oath of office 5
5. City Council wireless communication devices and public records
responsibilities 6
6. Council contacts with staff.. 6
7. Council contacts with others. 7
8. Filling a Council vacancy. 7
9. Council Committees 8
10. Adoption of specified provisions of the Yakima Administrative Code that
shall apply to City Council members
C. MEETINGS
1 . Regular meetings - Time of meeting 8
2. Regular meetings - Place of meetings. 8
3. Meetings - Items considered 9
4. Executive Sessions. 9
5. Quorum 10
6. Emergency meetings 10
7. Use of electronic devices during Council meetings. 11
8. Interpreter at City Council Meetings
9. Invocations
D. PROCEDURE - ORDER AND DECORUM
1 . Chair to decide who entitled to the floor.. . 12
2. Seating policy. .12
3. Reading of ordinance/resolution title 12
E. PROCEDURE - MOTIONS
1 . Form of motion 12
2. Motion to be restated 12
3. Second required 12
4. Withdrawing a motion 12
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5. Motions in order during debate. 12
6. Motion to adjourn always in order - Exceptions.. 13
7. Motion to table temporary only. . 13
8. Motions to postpone or refer.. . 13
9. Motions must be germane 13
10. Motions to refer or postpone preclude amendments.. 13
11 . Questions not debatable 13
12. Division of question... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 14
13. Call for the question (Previous Question motion)... ... ... ... ... ... ... ... ... ... ... 14
14. Council consensus... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 14
F. PROCEDURE - RECONSIDERATION
1 . Who may move to reconsider. 14
G. PROCEDURE - DEBATE
1 . Substitute motions. 14
2. Amendments must be germane 14
3. Tabling amendment - Not to prejudice motion 14
4. Order of action. 15
5. Order of discussion/debate 15
H. PROCEDURE -VOTING
1 . Roll call on final passage. . 15
2. Voting or changing vote after decision announced 15
3. Changing vote before decision announced 15
4. Council members required to vote - Late voting 15
5. Putting the question - Division. . 15
I. PROCEDURE - ORDER OF BUSINESS
1 . Roll call - Minutes of previous meeting 16
2. Agenda for meetings.. 16
3. Special order of business 16
4. Public comment. 16
J. PROCEDURE - ADOPTION OF ORDINANCES, RESOLUTIONS & MOTIONS
1 . Introduction and form - Working copies. 16
2. Passage on first reading 17
3. Hearings... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 17
4. Ordinances and resolutions adopted - Signing, deposit and publication... 17
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... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 17
2. Process... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 17
L. PROCEDURE - SUSPENSION OF RULES 19
M. PROCEDURE - ROBERT'S RULES OF ORDER ... ... .... ... ... ... ... ... ... ... ... . 19
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N. AMENDMENT... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 20
O. RECORDING OF RULES... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 20
P. RULES CONFLICTS
Q. EXTERNAL ACTIONS BY COUNCIL AND PARTICIPATION ON EXTERNAL
BOARDS
1. Mayoral Authority
2. Letters of Support
3. Council Participation on External Boards, Committees and Commissions
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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 and Council representation on external boards, committees, and
commissions. 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.
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RULES OF PROCEDURE
OF
THE YAKIMA CITY COUNCIL
A. ORGANIZATION
1. Election of Mayor and Assistant Mayor
The Council of the City of Yakima, immediately after its election and qualification,
shall elect from among the members a Mayor and Assistant Mayor.
2. The Mayor is the Chair of Council Meetings
The Mayor shall preside as the Chair of all meetings of the Council and shall have
the general direction of the meetings.
3. Chair may call member to chair
The Mayor or any other member of the Council who may be acting as Chair at a
meeting of the Council may call any member of the Council to the Chair to occupy
same temporarily and such member shall be vested with all the powers of the Chair
while so presiding. Such a substitution shall not extend beyond an adjournment.
4. Duties of the Mayor
It shall be the general duty of the Mayor as Chair of the Council:
(a) To take the chair every day precisely at the hour for which the meeting of the
Council has been called or to which the Council may have adjourned and
immediately to call the Council to order and proceed with the daily order of
business.
(b) To announce the business before the Council in the order in which it is to be
acted upon.
(c) To receive and submit in the proper manner all motions and propositions
presented by the members of the Council.
(d) To put to vote all questions which are properly moved, or which necessarily arise
in the course of proceedings, and to announce the result thereof.
(e) To inform the Council when necessary, or when referred to for that purpose, on
any point of order or practice. In the course of the discharge of this duty she/he
shall have the right to call upon the City Attorney or any member of the Legal
Department for advice.
(f) To authenticate by his/her signature when necessary, or when directed by the
Council, all the ordinances and resolutions, and all the acts, orders and
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proceedings of the Council, and entries in the official record of the Council when
the same have been approved by it.
(g) To maintain order at the meetings of the Council, for which purpose she/he shall
have the right to call upon the Chief of Police and any and all other officers of the
Police Department for assistance.
5. Duties of Assistant Mayor
The Assistant Mayor, during the absence of the Mayor, shall have and perform all
the duties and functions of the Mayor. The Assistant Mayor may also provide
support with parliamentary procedure and timekeeping as requested by 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.
7. First Meeting After Council Election
At the first meeting after the election of Councilmembers, generally the first Tuesday
of January in even numbered years, the City Clerk shall call the meeting to order.
The Clerk will take roll call and then solicit nominations for the role of Mayor. Upon
determination of Mayor, the City Clerk is relieved of their duty to facilitate the meeting
and the meeting will be turned over to the newly-appointed Mayor.
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.
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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. No more than two Council members at one
time may attend any of those meetings telephonically or by video, unless the
meeting will be entirely done remotely, in which case all Council members may
appear 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 the event a meeting is entirely remote, appearance by
telephone or video does not count towards a Council member's limit of two such
appearances.
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:
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, PowerPoint 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.
(b) Quorum
A Council member who is connected remotely to the telephone line in the
meeting place or by video shall be considered to be actually present at that
meeting for the period of time he or she is so connected, and that presence shall
count toward a quorum of the Council or committee for all purposes, 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.
ii. When the Council meeting begins or when the particular agenda item is
ready to be discussed, the Mayor (or presiding officer, if the Mayor is not
physically present) should state for the record:
A. Let the record reflect that Council Member is
attending by speakerphone [or video] for [the entire meeting] or [Agenda
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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.]
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.
3. Notification of a Council member's absence from a Council session
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(a) Councilmembers shall relay any scheduled travel or periods of absence to the
Mayor and the City Clerk by email well in advance—at a minimum five days—of
known attendance conflicts. An exception to the advance notification will be made
for emergency situations or unexpected situations that prevent attendance. When
this notification is provided, the Councilmember shall be granted an excused
absence from any meetings that occur during that timeframe. Councilmembers shall
also notify the Mayor and City Clerk if they will knowingly be late to any meetings.
(b) Any excused absences shall be announced by the presiding officer at the
beginning of the meeting and noted in the minutes. Any absences that are not
excused in advance will be noted as unexcused in the minutes.
(c) Per the Yakima City Charter, if a Councilmember fails to attend three
consecutive regular meetings of the City Council or six or more regular City Council
meetings during any calendar year without being excused by the Council in
accordance with the provisions set forth in the Rules of Proceudre of the Yakima City
Council, their seat shall become vacant. In addition, excessive, continued or
prolonged excused absences or tardiness may be addressed by the City Council on
a case-by-case basis.
Members of the Council may be excused from attending a City Council meeting by
contacting tho Mayor prior to tho mooting and stating tho roason for hor/his inability
to attend. If tho mombor is unablo to contact tho Mayor, tho mombor chall contact tho
City Managor, who shall convoy tho mossago to tho Mayor. A motion to oxcuso 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 31 st 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, 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. City Council Wireless Communication Devices and Public Records Responsibilities
(a) Each City Council member will have the opportunity to utilize a City-owned
cellular telephone and a separate device for online access. At the time these
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devices are received from the Information Technology Services Division (ITS),
each Council member receiving such devices shall complete a basic form ITS will
provide acknowledging the receipt of the devices as well as the responsibility to
return the devices in good order no later than the day before the Council
member's term ends.
(b) At the conclusion of a Council member's service with the City, he/she shall verify
that she/hehas returned all City-owned devices to the City and shall attest by
written affidavit that they have transferred all public records in his/her possession
to the City.
6. 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 publicly 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.
(c) The requirements 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 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.
7. 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.
(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.
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(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 may
consider external 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.
(g) Generally Councilmembers have the same freedoms of association as any other
citizen. Councilmembers must take great care when present at the same social,
unofficial functions, or in any public setting to refrain from engaging in any activity
which could be interpreted as de facto deliberation or action on a matter of city
business.
8. Filling a Council vacancy
If a vacancy occurs in the office of Council member, the Council will follow the
procedures outlined in RCW 42.12.070 and the City Charter. In order to fill the
vacancy with the most qualified person available until an election is held, the Council
will widely distribute and publish notice of the vacancy, the procedure by which the
vacancy will be filled, and how to obtain an application form.
9. 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
choose 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 policies,
proposals, and issues assigned to it by a majority of the Council from reaching the
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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.
10. Adoption of specified provisions of the Yakima Administrative Code that shall apply
to City Council members'
The following City Administrative Polices are incorporated in the City Council Rules
of Procedure and applicable to and observed by the City Council members.
Administrative Policy references to "employee(s)" shall include City Council members
with respect to the following Policies:
Policy Number
1-300 City-owned Wireless Devices
1-400 City-owned Technology Resources
1-550 Electronic Communications Process at Employee Departure
1-1400 Public Records Disclosure
1-1500 Receiving Gifts and Discounts
1-1550 City Owned Devices and Records Management Policy
3-400 Procurement Cards
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 will generally convene at 5:30
p.m.
2. Regular meetings - Place of meetings
(a) City Hall
Unless notice is given pursuant to Rule C.2.b. of these Rules, all regular
meetings of the Council shall be held in the City Council Chambers on the first
floor of City Hall and all study session meetings shall be held either in the City
Council Chambers or another properly noticed location.
(b) Changed meeting place
Any meeting of the Council may be held at a place other than that required by
Rule C.2.a. hereof on proper notice of a changed meeting place.
(c) Special meetings
Special meetings may be called by the presiding officer or by a majority of the
members of the Council pursuant to RCW 42.30.080. Types of special meetings
that may be called include study sessions, Council briefings, retreats of the
1 Approved by Council April 7, 2020.
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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 should 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 these procedural
rules should be suspended and the Council should take action to address the
item not appearing on the posted agenda. or 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 and RCW 42.30.080(3), 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 Council taking action at the
close of the executive session and return to open session.
i. At the close of the executive session and upon the Council's return to the
Council Chambers, the Chair declares that the Council is out of executive
session and asks for the appropriate motion (i.e. an action motion or a
motion to adjourn).
ii. To protect the best interests of the City, Council members shall keep
confidential all verbal and written information provided during executive
sessions. Confidentiality also includes information provided to Council
members outside of executive sessions when the information is considered
exempt from disclosure under the Code of Ethics for Municipal Officers
(RCW 42.52), Attorney- Client Privilege, and/or the Public Records Act
(RCW 42.56).
(b) RCW 42.30.110 explains the purpose for holding an executive session, some of
which include:
i. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition
of real estate by lease or purchase when public knowledge regarding such
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consideration would cause a likelihood of increased price (pending land
acquisition).
ii. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for
public employment or to review the performance of a public employee.
However, subject to RCW 42.30.140(4) (labor negotiations), discussion by
a governing body of salaries, wages, and other conditions of employment to
be generally applied within the agency shall occur in a meeting open to the
public, and when a governing body elects to take final action hiring, setting
the salary of an individual employee or class of employees, or discharging
or disciplining an employee, that action shall be taken in a meeting open to
the public (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).
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)0),
"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 during the regular meeting.
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(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.
5. Quorum
Four members of the Council shall constitute a quorum thereof for the transaction of
business. Except as otherwise specified by law or City Charter, a majority vote of
the Council members shall be required and shall be sufficient to transact any
business before the Council.
6. Emergency meetings
(a) Emergency meetings of the Council may be called by the Mayor or any two
Council members pursuant to RCW 42.14.075. RCW 42.14.075 provides:
"Whenever, due to a natural disaster, an attack or an attack is imminent, it
becomes imprudent, inexpedient or impossible to conduct the affairs of a political
subdivision at the regular or usual place or places, the governing body of the
political subdivision may meet at any place within or without the territorial limits of
the political subdivision on the call of the presiding official or any two members of
the governing body."
(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 meetings
All current ("live") electronic communication between Council members and any party
relating to City business shall be prohibited during a Council meeting. Council
members will not utilize electronic devices for the purposes of sending or receiving
messages during the course of a Council meeting. Accessing such communication
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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 not use 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.
8. Interpreter available at Council meetings
A professional English-to-Spanish interpreter will be available at the two Council
business meetings regularly scheduled to take place each month. If interpreter
services are not needed within an hour of the beginning of a Council business
meeting, the interpreter present will be allowed to leave the meeting. For other
Council meetings (i.e. special meetings, executive sessions, study sessions, retreats,
committee meetings, etc.), the City will provide interpreter services only if the
issue(s) to be discussed is expected to draw a large crowd (based upon the
determination of the mayor and/or city manager) or if interpreter services have been
requested as per this policy. Interpreter services can be requested for Council
meetings by contacting the Yakima City Clerk's office not less than forty-eight (48)
hours prior to the start of such meeting. If during a meeting it is necessary for a
speaker's comments to be interpreted so that Council members and others in
attendance may understand them, the time required for interpretation will not be
counted against the designated time for speakers to address the Council.
9. Invocations
Resolution R-2011-33 outlines the City Council's policy regarding invocations at
Council meetings.
D. PROCEDURE - ORDER AND DECORUM
1. Chair to decide who is entitled to the floor
If two or more members of the Council desire to be heard at the same time, the Chair
shall name the member who is to speak first.
2. Seating policy
The Mayor shall sit at the center of the Council. The Assistant Mayor shall sit
immediately to the right of the mayor. With the exception of special circumstances
(medical necessity, etc.), all other Council members are to be seated in a manner
acceptable to the Council. If there is a dispute over seating, Council members, other
than the Mayor and Assistant Mayor, will be seated in district position order from left
to right (while facing the dias).
3. Reading of ordinance/resolution title
When an ordinance or resolution is to be considered by the Council, prior to any
discussion or debate, the title of the ordinance or resolution to be considered will be
read aloud by the City Clerk.
E. PROCEDURE - MOTIONS
1. Form of motion
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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. It is preferred that non-
routine motions be submitted in writing to the City Clerk prior to the meeting if
possible.
2. Motion to be restated
When a motion is made, it shall be restated by the Chair or City Clerk before debate
begins.
3. Second required
A second to any motion of the Council shall be required.
4. Withdrawing a motion
After a motion is stated by the Chair or read by the City Clerk, it shall be deemed in
the possession of the Council, but may be withdrawn at any time before division or
amendment by the unanimous consent of the Council.
5. Motions in order during debate
When a question is under debate, no motion shall be received except:
(a) To fix the time to adjourn.
(b) To adjourn.
(c) To refer an item to a committee.
(d) To lay on the table.
(e) To postpone to a day certain.
(f) To postpone indefinitely.
(g) To amend.
(h) To recess.
6. Motion to adjourn always in order - Exceptions
A motion to adjourn shall always be in order except when the Council is voting and
except when a previous motion to adjourn having been defeated, and no intervening
business has been transacted. However, this rule shall not authorize any member to
move an adjournment when another member has the floor.
7. Motion to table temporary only
The passage of a motion to lay on the table shall have only the effect of disposing of
the matter temporarily in order to address a matter of emergent importance, and the
tabled matter may be taken from the table at any time by order of the Council. If a
tabled matter is not taken from the table at the same 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 postpone or refer
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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. 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. Vote.
The procedural motions enumerated herein shall be decided by a majority vote of the
Council Members present at the meeting, unless otherwise indicated.
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. Only a Council member who voted on the prevailing side of the
original motion can move for reconsideration. If a motion to reconsider is passed,
then debate resumes on the original motion.
2. When a motion to reconsider is not allowed
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If a motion has been adopted and any part of the motion's provisions have been
executed, a motion for reconsideration is not allowed.
3. Alternatives to a motion for reconsideration
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 subject as the original motion, resolution,
proposition or ordinance.
3. Tabling amendment - Not to prejudice motion
An amendment may be laid on the table without prejudice to the main motion or
question. When an amendment proposed to any pending measure shall be laid on
the table, such action shall not carry with it or prejudice such measure.
4. Order of action
If any amendment is offered, the question shall be first upon the amendment.
5. Order of discussion/debate
After the title of an ordinance or resolution has been read (see Section D —3 herein),
the Chair will request a staff report(s), if necessary, be given. Following the staff
report(s), the Chair will entertain a motion to adopt or deny the ordinance or
resolution. If the motion receives a second, the Chair or City Clerk will restate the
motion, and the Chair will then invite discussion by the Council. The maker of the
motion will be given the choice to speak first. 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.
6. Informal Discussion
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Subject to the Chair's discretion, informal discussion may occur when no motion is
pending. Such informal discussion shall be limited, subject to the discretion of the
Chair.
7. Courtesy
Members of the Council, in the discussion, comments, or debate of any matter or
issue, shall be courteous in their language and shall not engage in contemptuous or
disorderly behavior, or discuss or comment on personalities, or indulge in derogatory
remarks or insituations in respect to any other member of the Council, or any
member of the staff or the public, but shall at all times confine their remarks to those
facts which are germane and relevant, as determined by the presiding officer, to the
question or matter under discussion.
H. PROCEDURE -VOTING
1. Roll call on final passage
(a) The vote upon the final passage of all ordinances and resolutions shall be by
ayes and nays given by members of the Council individually on roll call. The
names of the members on such roll call shall be called alphabetically and rotated
after each vote. On other questions the vote shall be taken orally in the manner
hereinafter provided, PROVIDED that a roll call shall be ordered on the vote on
any other question when demanded by 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.
(b) In circumstances where the Mayor believes that there is consensus on a matter
not requiring a formal motion and vote where yeas and nays shall be called and
recorded, they may ask if there is consensus or if there are any persons opposed
to passage of the motion. Silence of a Council member during a consensus vote
shall be recorded as a vote with the prevailing side, except when a Council
member abstains. Any Councilmember may demand a roll call vote rather than a
determination by consensus. The majority of votes should be taken by roll call.
2. Votina or chanaina 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 vote before the decision of the
question has been announced by the Chair.
4. Council members required to vote - Late voting
Every member of the Council shall, when a question is put or when his/her name is
called, vote unless a member shall, for a special reason, be excused as hereinbefore
provided, or unless she/he has a direct personal or financial interest in the event of
such question.
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5. Putting the question - Division
Except as hereinbefore provided, the Chair shall put questions in this form:
"Those who are in favor (as the question may be) say 'Aye'.
After the affirmative vote is expressed he/she shall say,
"Those who are opposed, say 'No',"
If she/he doubts the result of the oral vote, or if a division be called for by any
member of the Council, the Council shall divide. In such division those in the
affirmative shall vote first and afterward those in the negative.
I. PROCEDURE - ORDER OF BUSINESS
1. Roll call - Minutes of previous meeting
(a) At all meetings before proceeding to business, the roll of the Council members
shall be called and the names of those present and those absent shall be
entered into the record.
(b) Minutes of 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.
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 listed on the meeting agenda
and/or within the City's purview. A guideline of three (3)two and one-half (2 '/)
minutes per speaker is in place in order to allow as much opportunity as possible for
audience participation. The total time allowed for public comment is limited to thirty-
five (35) minutes at regular meetings. The time allowed for all speakers may be
extended or reduced at the discretion of the Chair and/or the majority vote of the
Council. Members of the public may be asked to document their assertions of fact
by Councilmembers.
5. Decorum during public comment.
All persons providing public comment, and members of the audience, shall maintain
order and decorum during the public comment period. If any person in the council
chambers threatens another person, becomes aggressive, moves towards the
councilmembers from the podium or audience seating, or otherwise is seen as
disruptive, the presiding officer may ask that the person exhibiting these behaviors
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be removed from the Council chambers by the Chief of Police or such member or
members of the Police Department attending the meeting. If a meeting is interrupted
so as to render the orderly conduct of the meeting unfeasible and order cannot be
restored by the removal of individuals interrupting the meeting, the meeting may be
adjourned
6. Recess.
The presiding officer has the authority to recess, subject to appeal, any meeting
when noise, distrubance, indecorum, or other circumstances warrant a recess to
enable the Council to conduct its meeting in an appropriate manner. The presiding
officer also has the authority to recess a meeting upon the request of any
Councilmember. Recognizing that fatigue, discomfort, and tedium detract from the
quality of participation in a deliberative process on the part of all participants, the
presiding officer is encouraged to call or grant requests for recesses as needed and
at such frequency as dictated by the time of day, temperature, and other factors.
7. Procedures for large public audiences.
When it is anticipated that there will be a large public audience, the City Manager
has the authority to move the council meeting to a location that can better
accommodate the audience. Council may, at the beginning of such meeting, amend
the Council rules of procedure to accommodate the large audience as it sees fit.
Amendments for the particular meeting could include, but are not limited to, changing
the time per speaker during public comment or changing the total time allotted for
public comment.
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 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
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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,
ADOPTED ADMINISTRATIVE POLICIES 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.
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, adopted
Administrative Policies 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, adopted Administrative Policies 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-plus-one 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-plus-
one of the Council that a violation(s) occurred. Following the issuance of the
verbal Reprimand, the Council member(s) found to have committed a
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violation(s) shall be provided an opportunity to refute, disprove, or otherwise
contradict the determination by a majority-plus-one of the Council that a
violation(s) occurred.
(c) If a majority-plus-one 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-plus-one 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-plus-one 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-plus-one 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-
plus-one 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-plus-one 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-plus-one 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-
plus-one 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.
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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,
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 OR WAIVER OF RULES
No rule of the Council shall be suspended or waived without the vote of a majority of all
of the members of the Council present at the meeting. No action taken by a Council
member or by the Council which is not in compliance with these rules, but which is
otherwise lawful, shall be invalid, or be deemed a violation of the oath of office,
misfeasance or malfeasance. These rules do not grant rights or privileges to members
of the public or third parties.
M. PROCEDURE - ROBERTS 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
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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.
P. RULE CONFLICTS
In the event of any conflict or inconsistency between applicable rules, the order of
precedence to determine the governing rule shall be: (1) the Charter; (2) City
Ordinances; (3) these Rules; and (4) Robert's Rules of Order.
Q. EXTERNAL ACTIONS OF THE COUNCIL AND REPRESENTATION ON EXTERNAL
BOARDS, COMMITTEES AND COMMISSIONS
1. Mayoral Authority
In accordance with the City Charter, the Mayor has no executive authority. All
appointments to represent the City of Yakima and the Yakima City Council to
outside groups. There will be an exception when state statute requires
representation from the Mayor.
2. Letters of Support
The City Council wishes to create an orderly process by which local groups can
request that the City Council provide a "letter of support" for a project or action.
Such letters are usually requested to document Council support of an "ask"to an
outside agency, often an application for project funding.
(a) Matters where the City's position is known.
On matters where it is understood and known the City's position of support for
a project or issue, the City Manager or Mayor may sign and approve a Letter of
Support for a project, grant, or other purpose. If the City's position is unknown,
or the matter is believed by the City Manager to be controversial, the City
Manager may choose to bring the proposed Letter of Support to the City
Council for decision.
{a}(b) Routine business
City Councilmembers may request to have a request for a letter of support
placed on the agenda of the next business meeting for discussion during the
Other Business section of a regular council meeting. If the addition to the
agenda is approved, the entity requesting the letter of support shall provide a
copy of the proposed letter and supporting documents to the City Clerk on or
before the Tuesday prior to the business meeting where the Council will
evaluate the request. Supporting documents should include a summary of the
project and its impact on the City, as well as financing information if the request is
for a letter of support for funding.. This allows inclusion of the letter and
documents in the agenda packet for the next business meeting and a
substantive discussion on the topic by the Council. If the City Manager
deems it appropriate, staff will also provide a staff report on the request. A
representative from the requesting party shall be present at the meeting
where the Council will discuss the request.
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{9}(c) Expedited action
If there is an urgent need for expedited approval, it is the responsibility of the
requesting party to provide justification for urgent action with their request. Such
justification should include:
i. Documentation of the deadline, and when that deadline was
announced;
ii. A copy of the letter of support sought to be signed by Council in word
format to allow for editing by City staff;
iii. An explanation as to how the project furthers established City priorities;
and
iv. Any other information requested by the City.
(c) Letters of Support approved by vote of the Council are to be signed, "'on
behalf of (or under the authority of) the Yakima City Council", and can be
signed by any or all Council Members.
3. Council member participation on external boards, committees or commissions.
a. Council members shall not be appointed to or serve as voting members on any
board that receives funding from the City, with the exception of those otherwise
authorized by law.'
b. At the beginning of each year after a Council election, the City Manager shall
prepare a document indicating all the current boards, committees and
commissions on which City Council members are asked to serve and/or
participate. An agenda item will be placed on a regular city council meeting
agenda to discuss the committees and make appointments to committees. All
appointments to committees, unless otherwise dictated by law or contract, shall
be done by the Council.
c. Council members may be asked to serve and/or participate on Inter-
Governmental committees and boards. Appointment to Inter-Governmental
committees and/or boards shall be made consistent with the governmental
documents creating said committee or board. If the governmental documents do
not specify how Council members are to be appointed, then the City Council
should appoint members as outlined in Section 3(b) above.
d. If a Council member is appointed as an ex-officio board member for a non-profit
entity, that member shall not become an officer of the board during the ex-officio
assignment.
R. Policy for Appointments of Residents to City Board, Committee and
Commission Vacancies.
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
'Policy approved on February 17,2016.
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office will notify the Council of the upcoming term expirations and advertise the
opening.
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.
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