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HomeMy WebLinkAbout01/19/2016 14 Council Member Attendance at Council Meetings via Electronic Means; Written ProceduresBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 14. For Meeting of: January 19, 2016 ITEM TITLE: Consideration of written procedure regarding Council member attendance at City Council meetings by electronic means such as speakerphone or other means that provides full audio or audiovisual capability. SUBMITTED BY: Helen Harvey, Senior Assistant City Attorney SUMMARY EXPLANATION: The "Standard Motions and Rules of Yakima City Council" (Revised August 2014) provide that a member of the City Council may not vote on any question unless the member is present when the vote is taken and when the result is announced (Section B.3). Some local government governing bodies in this state have enacted specific meeting rules that allow participation of a Council member when the member is not physically present, such as by speakerphone or some contemporary communication mode. The attendance and participation would require clear two- way communication so that the member on the phone line or video/internet connection can hear and perhaps see what is happening at the meeting and can also be heard and perhaps be seen by those present at the meeting. If authorized by the body, this can be considered attendance at the meeting, and the physically -absent member would count toward the quorum and could vote. Some cities have meeting rules that allow such participation generally and others allow it on a more limited basis. We have been asked to present various options for the Council to review. Some options from the rules of other cities are presented in the attachments for the Council's review and consideration. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL: Interim City Manager STAFF RECOMMENDATION: This is a City Council decision. If the Council desires to permit a Council member to participate and vote at a City Council meeting when the member is not physically present at the meeting, staff recommends that the Rules of Procedure of the Yakima City Council (revised August 2014) be amended to set forth the written procedures that would apply to such attendance. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date D Attachment II\b. 1 Examples of IRulles of IFlive Cities 1/12/2016 Attachment II\b. 2 IE::::x<ainiolplles of Other C4 Councillls Rune Content cern lellephonlic Participation Attachment Il'n. 3 Meinio on Participation at City Crpuirncii II Meeting irn3 d 1/12/2016 1/12/2016 Type E:3<adlkulp Mtaneirii<all E:3<adlkulp Mtaneirii<all E:3<adlkulp IMtateirii<all ATTACHMENT NO. 1 EXAMPLES OF RULES OF FIVE CITIES Re: Written procedures regarding Council member attendance at City Council meetings by electronic means such as speakerphone or other means that provides full audio or audiovisual capability. Attached are some examples of written procedures of various cities regarding City Council member participation in a Council meeting from a remote location. The examples provide some different approaches and options; or a combination of provisions from different rules could be adopted, depending on the preference of the City Council. A brief summary of the attached rules is below. Example A. City of Sequim (Resolution No. R2013-003, "Rule Regarding Remote Attendance at City Council Meetings" (attached). No number limitation provided on times a Council member may attend from a remote location, but "Attendance from remote locations is intended to be an infrequently -used alternate method for participation. Vote of the Council is required to allow participation. Council members — whether in the chamber or at the remote location — "constituting a majority may approve the use of remote communication for the entirety of the meeting or for a specified portion thereof." • Executive Sessions. Vote required to allow participation in an executive session from remote location "only when the Council on a case-by-case basis considers such participation to be necessary and the Council is confident in the security of such remote communications." Example B. City of Bothell ("City Council Protocol Manual" revised July 9, 2013, Resolution No. 1298) (attached). Number limitation to 2 times per year ("Attendance via speakerphone should be the rare exception, not the rule, and AVS [Attendance by Speakerphone] is limited to two times per year per Council Member." Vote not required of Council to allow participation. Limited to "one agenda item, not the entire Council meeting." Requires advance notification at the Council meeting prior to the meeting the member wishes to attend by speakerphone; or if that is not possible, no later than the business day prior to the meeting. Ex mple C. City of Kenmore (Resolution No. 13-215 dated April 22, 2013) (attached). Similar to Bothell/Example B above, except permits speakerphone attendance 3 times in a calendar year rather than 2 times, and allows for more times by majority vote ("Councilmember attendance via speakerphone or video is limited to 3 times in a calendar Page 1 of 2 year, but the City Council, by majority vote, may allow additional attendance by speakerphone or video,") Requires advance notification at least 24 hours before a meeting. Example D. City of Liberty Lake, Washington (Resolution No. 12-156 dated February 21, 2012, Section 1.5 "Attendance via Speakerphone (AVS))" (attached). Number limitation to 2 times per year per Council member ("AVS should be the rare exception, not the rule, and AVS is limited to two times per year per Council member). Limited to 'one or two specific agenda items, and not the entire Council meeting." Provides examples of when AVS would be appropriate under Liberty Lake's procedures. Section 1.5 of the Liberty Lake rules states: "Examples of situations where AVS would be appropriate include, but are not limited to: An agenda item is time sensitive, and AVS is needed for a quorum; An agenda item is of very high importance to the Council member who cannot be physically present; It is important for all Council members to be involved in a decision, but one Council member is unable to be physically present. • AVS should be limited to one or two specific agenda items, and not the entire Council meeting." (Emphasis in original) Provides examples on when AVS would not be appropriate under Liberty Lake's procedures. Section 1.5 of the Liberty Lake rules states: Examples of situations where AVS would not be appropriate include, but are not imited to: Quasi-judicial hearings; Other public hearing(s) where maps, display boards, power point presentations, or similar graphic presentations are being utilized; and Non hearing agenda items which depend substantially on visual aids and/or graphic presentations," (Emphasis in original) Example E. City of Seattle (General Rules and Procedures of the Seattle City Council as of December 17, 2015, as adopted by Resolution 31639) (attached). For emergency meetings, attendance is permitted by electronic means (e.g. multi-party telephone or video conferencing). Page 2 of 2 EXAMPLEA— Sequim City of Sequim, Washington Resolution No. R2013-003 A Resolution Establishing Rules for Remote Attendance at City Council Meetings WHEREAS, from time to time or under certain defined conditions it is not possible for a Council member or City staff person to attend a City Council meeting; and WHEREAS, the City of Sequim would benefit by a Council iernber or City staff person's participation in a Council meeting by means of remote communication in limited instances where the Council member or staff person is unable to attend the meeting; and WHEREAS, the City Council desires to establish a procedure for Council members and City staff to attend meetings remotely via speakerphone, Skype or other electronic or digital data communication device; NOW, THEREFORIE, the City Council of the City of Sequim hereby adopts the following rule: Rule Regarding Remote Attendance at City Council Meetings A. Purpose: The City Council, recognizing the benefits of fullest practicable attendance and participation by its members and by the City Manager, City Attorney and other City staff, provides for, but does not mandate, allowance of attendance from remote locations through use of electronic means including but not limited to such two-way communication methods as speakerphone, Skype, or other media that provide full audio or audiovisual capability. In certain circumstances, including emergencies, it may be necessary for one or more members of the Council or staff to attend from a remote location in order to have a quorum or conduct the City's business. 1. For purposes of voting by a member or members of the Council, such attendance from remote locations shall be considered equal to being physically present in the Council Chamber if approved of by a majority of the Council (whether present in the chamber or remotely present). If the Mayor attends by remote means, he/she may participate in discussions, but the Mayor Pro Tem, if physically present in the chamber, shall be the presiding officer to best facilitate an orderly and efficient process. 2. In the case of Executive Sessions, the Council may permit participation from remote locations by the above alternative means only when the Council on a case -by -ease basis considers such participation to be necessary and the Council is confident in the security of such remote communications. Resolution 013-003 Page 1 of 3 EXAMPLE A — Sequim 3. Attendance from remote locations is intended to be an infrequently -used alternate method for participation by members of the Council and staff. B. Protocol and Procedures: 1. In all meetings involving remote attendance, the Presiding Officer, whether that be the Mayor, Mayor Pro Tem or other majority voted alternate presiding officer, shall inform all present in the Council chamber of the intent to initiate a remote communication. 2. The Presiding Officer shall confirm and announce to all that all present in the Chamber and in the remote location(s) can clearly hear all other parties and (as appropriate) clearly see visual content as will be presented. The Clerk shall record such confirmation. 3. With such confirmation, members of the Council --- whether they are in the chamber or at remote location(s) --- constituting a majority may approve the use of remote communication for the entirety of the meeting or for a specified portion thereof. 4. If the Council by a majority approves use of remote communication for only a specified portion of any meeting, the Presiding Officer shall announce same and, at the end of the specified portion, shall clearly announce to all the close of the remote communication and shall order that the connection be stopped. The attendance of the remote party shall be at an end. The Clerk shall record the beginning and ending times of each such remote communication. 5. In the event that the remote communication link is broken or significantly degraded such that it no longer meets the full requirements of this section, the Presiding Officer shall confirm the loss of service and announce the close of the remote attendance. The attendance of the remote party shall be at an end. The Clerk shall record the time of such closure. C. Requirements of the System(s): Any communications systems 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. Where applicable by the Council's determination, 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 that is determined by the Council to be crucial to the understanding of matters discussed. Systems used in the course of Executive Sessions shall be reasonably secure from unauthorized access. D. Maintenance of Public Record: Audio and video recordings of proceedings under this section shall be maintained for the public record as required by law. E. System Initiation, Training and Maintenance: In a reasonable time, the Council shall make available appropriate funds and the City Manager or his/her designee shall arrange for the acquisition and installation of all appropriate equipment, communication systems and software as shall be necessary to fulfill this section. The City Manager shall also ensure the maintenance of such systems. The City Manager shall also provide appropriate training to the Council and to all Resolution R2013-003 Page 2 of 3 EXAMPLE A — Sequim staff who may participate in such meetings in accordance with this section. Systems, equipment and training for the purpose of this section shall from time to time be upgraded at the suggestion of the City Manager and at direction of the Council as technologies advance and City budgets allow. Adopted by the City Council this // day of v4- , 2013. ATTEST: APPROVED AS TO FORM: ) N Karell Kuznek-Reese, MMC, City Clerk Craig A. Ritchie, City Attorney Resolution R2013-003 Page 3 of 3 15155111115lin III '111'1'11, 1111 5 EX 1 51,111I 11,11115,11111 441 1101'1.11.1" 1111111111111111 • 1 1111 I I -55 11111,415I0115154u, Ci gam .55.5:5,55055rff 1011:11111 of Bothell Adopted: Resolution Revised: July 22, 2002 Resolution No. 1140 (2002) Revised: March 13, 2006 Resolution No. 1184 (2006) Revised: March 20, 2007 Resolution No. 1200 (2007) Revised: April 17, 2007 Resolution No. 1201 (2007) Revised: March 17, 2009 Resolution No. 1230 (2009) June 12, 2000 No. 1099 (2000) Revised: Resolution Revised: Resolution li May 4,2010 No. 1255 (2010) March 19, 2013 No. 1295 (2013) April 2, 2013 No. 1296 (2013) July 9, 2013 No. 1298 (2013) Revised: Resolution Revised: Resolution 111111111111111111111111111 I 1111111111111111111111 EXAMPLE B — Bothell 7.12 Restrictions on Political Involvement by Staff Bothell is a nonpartisan local government. Professional staff formulates recommendations in compliance with Council policy for the good of the community, not influenced by political factors. For this reason, it is very important to understand the restrictions of political involvement of staff. By working for the City, staff members do not surrender rights to be involved in political activities. Employees may privately express their personal opinions. They may register to vote, sign nominating or recall petitions, and they may vote in any election. 7.13 Council Attendance Policy RCW 35A.13.020 (Council -Manager Plan of Government) directs us to RCW 35A.12.060 (Mayor -Council Plan of Government) - Vacancy for Nonattendance. A council position shall become vacant if the Council Member fails to attend three consecutive regular meetings of the council without being excused by the council. At the start of each City Council meeting, the Mayor or City Clerk, or designee, will call the roll. Any absent Council Member who has called the Mayor or City Manager's Office prior to 5:00 p.m. on the day of the meeting to advise of such absence will be deemed excused. 7.14 Attendance via Speakerphone (AVS) From time to time, a Council Member will not be able to be physically present at a Council meeting, but will want to be involved in the discussion and/or decision on a particular agenda item. The procedure and guidelines for permitting a Council Member to attend a Council meeting via speakerphone are as follows: A. The Rare Occasion Attendance via speakerphone should be the rare exception, not the rule, and AVS is limited to two times per year per Council Member. Examples of situations where AVS would be appropriate include, but are not limited to: • An agenda item is time sensitive, and AVS is needed for a quorum; • An agenda item is of very high importance to the Council Member that cannot be physically present; • It is important for all Council Members to be involved in a decision, but one Council Member is unable to be physically present. • AVS should be limited to one agenda item, not the entire Council rneeting. Page 41 of 122 EXAMPLE B — Bothell B. Attendance - Procedure 1. The Council Member attending via speakerphone a. must be able to hear the discussion on the agenda item taking place in the Council chambers, and b. must be able to be heard by all present in Council Chambers. 2. When the 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 via speakerphone for Agenda Item No. relating to b. Council Member , can you hear me? [There must then be a clearly audible response in the affirmative.] c. Let the record reflect that Council Member , who is attending via speakerphone, can be heard by all present in Council chambers. 3. Upon conclusion of the particular agenda item, the Mayor (or presiding officer, if the Mayor is not physically present) should state: a. Council Member , discussion on Agenda Item No. has concluded. Thank you for your attendance via speakerphone. The telephone connection will now be terminated. [Connection should be terminated at this time.] b. Let the record reflect Council Member 's attendance via speakerphone has been terminated. Next on the agenda is ... Notification If a Council Member wishes to attend a Council meeting via speakerphone for an agenda item, the Council Member should notify Council of his or her intent at the Council meeting prior to the meeting for which they wish to attend via speakerphone. This notification should be made during the Council's review of the projected agenda. If that is not possible, the Council Member should notify the City Manager of his or her wish to attend a Council meeting via speakerphone for an agenda item not later than the business day prior to the Council meeting for which he or she wishes to attend via speakerphone. With less notice, it may not be possible to make the necessary arrangements to allow attendance via speakerphone. Page 42 of 122 EXAMPLE C — Kenmore CITY OF KENMORE WASHINGTON RESOLUTION NO. 13-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENMORE, WASHINGTON, ADOPTING COUNCIL RULES AND PROCEDURES AND REPEALING RESOLUTION NOS. 06-117, 06- 123, 06-129, 06-130, AND 09-167. WHEREAS, at City Council retreats, the City Councilmembers have agreed to certain working protocols and procedures; and WHEREAS, these working protocols and procedures will form the basis of the City Council relationships with citizens, with each other, and with staff; and WHEREAS, RCW 35A.13.170 and 35A.12.120 require the City Council to establish rules of procedure for the order of business and conduct of City Council meetings; and WHEREAS, the City Council desires to adopt revised rules and procedures for the order of business and conduct of City Council meetings and hearings; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENMORE, WASHINGTON, DOES RESOLVE as follows: Section 1. The City Council adopts the "City of Kenmore Council Rules and Procedures" attached to this Resolution. Section 2. Resolution Nos. 06-117, 06-123, 06-129, 06-130 and 09-167 are repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF KENMORE, WASHINGTON, AT A REGULAR MEETING THEREOF THIS 22'd DAY OF ril, 2013. ATTEST/AUTHENTICATED: APPROVED AS TO FORM: City Attorney EXAMPLE C — Kenmore expulsion from the meeting at which the conduct occurs, removal from committee memberships, and/or removal of intergovernmental duties. 3. The Presiding Officer may give a verbal admonition, 4. Other punishments not mentioned in Section 4.E.-2. require the affirmative vote of 5 members of the City Council, 5. A censure is a statement by 5 members of the City Council that a prohibited action has occurred. 6. A censure will be in the same form as any other Council motion or resolution. The motion must state the prohibited conduct or action. Section 5. Council Attendance and Voting via Speakerphone or Video A. Purpose Occasionally, a Councilmember will not be able to be physically present at a meeting, but will want to be involved in the discussion and/or decision on a particular agenda item. The procedure and guidelines for permitting a Councilmember to attend a meeting via speakerphone or video is contained in this section. B. Frequency Councilmember attendance via speakerphone or video is limited to 3 times in a calendar year, but the City Council, by majority vote, may allow additional attendance by speakerphone or video. C. Procedure 1. At least 24 hours before the starting time of a meeting, the Councilmember must advise the City Clerk of the desire to attend via speakerphone or video to allow time for preparation of the speakerphone or video components and of the agenda items to be attended via speakerphone or video. 2, The Councilmember attending via speakerphone must be able to hear all speakers in the meeting room, and all persons in the meeting room must be able to hear the Councilmember. The video and audio components of videoconferencing should be visible and audible to all persons in the meeting room. 3 When the particular agenda item is ready to be discussed, the Presiding Officer should state and ask for the record: a. "Councilmember is attending via speakerphone/ video for Agenda Item No. , relating to 10 EXAMPLE C — Kenmore b. "Councilmember „ can you (see and) hear me?" (There must then be a clearly audible response in the affirmative.) c. "Can the City Council and City Clerk (see and) hear Councilmember 4. Upon conclusion of the particular agenda item, the Presiding Officer should state: "Councilmember , discussion of Agenda Item No. has concluded. 5. Each agenda item being attended via speakerphone or video shall be introduced and acknowledged in the same manner as set forth above. 6. After all agenda items being attended via speakerphone or video have been concluded, the Presiding Officer should state for the record: a. "Councilmember , thank you for your attendance via speakerphone/video. The remote connection will now be terminated ." b. "Let the record reflect Councilmember 's attendance via speakerphone/video has been terminated." Section 6. Executive Sessions A. Executive Session Topics and Confidentiality The topics that may be discussed in executive sessions are set forth in RCW 42.30.110 and RCW 42.30.140. Topics discussed in executive session must not be discussed outside of the executive session with anyone outside of the proper lines of authority (Councilmembers, the City Manager, and City staff assigned to the topic or matter, designated legal counsel, and others attending the executive session at the invitation of the City Council). Councilmembers shall keep all executive session information and discussions confidential to ensure that the City's interests are not compromised. B. Topics for Executive Session Discussions 1, Executive session topics include but are not limited to the following: a. Acquisition of real estate when public knowledge regarding the acquisition would cause a likelihood of increased price. b. Consideration of the minimum price for sale or lease of City property when public knowledge regarding such consideration would cause a likelihood of decreased price. c. Review of negotiations on the performance of publicly bid contracts when public knowledge regarding such review would cause a likelihood of increased costs. 11 EXAMPLE D — Liberty Lake CITY OF LIBERTY LAKE SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 12-156 A RESOLUTION OF THE CITY OF LIBERTY LAKE, WASHINGTON ADOPTING THE CITY COUNCIL RULES OF PROCEDURE. WHEREAS, the Liberty Lake City Council is required pursuant to RCW 35A.12.120 to adopt rules which relate to the City Council procedures order of business, conduct of Council meetings and such other matters properly related thereto; and WHEREAS, the Liberty Lake City Council has reviewed the attached Rules of Procedure and finds them to be acceptable and appropriate. NOW, THEREFORE, be it Resolved by the City Council of the City of Liberty Lake, Washington as follows: Rules of Procedure. The City Council adopts the attached Rules of Procedure under the Mayor/Council form of government. For decision on points of order, the City shall be governed by the most recent edition of Roberts Rules of Order, a copy of which is maintained in the office of the Liberty Lake City Clerk. 2. Best Efforts. These Rules of Procedure are designed to assist in the orderly conduct of City Council business. Failure of the City Council to adhere to these rules shall not result in any liability to the City, its officers, its agents and employees nor shall the same result in any invalidation of City Council action. Adopted this day of F -e b , 2012. Attest: Approved as to Form Arm Swenson, City Clerk Amended 2/21/2012 Resolution No, 12-156 ayor, Steve Peterson EXAMPLE D — Liberty Lake LIBERTY LAKE CITY COUNCIL RULES OF PROCEDURE Adopted by: Resolution 01-007 Amended by: Resolution 01-007A Amended by: Resolution 04-007B Amended by: Resolution 06-0078-1 Amended by: Resolution 12-156 Amended 2/21/2012 Resolution No. 12-156 EXAMPLE D — Liberty Lake The following are examples of appropriate reasons for excusing an absence: illness, family emergency, or business obligation. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the appropriate notation will be made in the minutes. If the motion is not passed or the above procedure is not followed, the minutes will reflect that the absence is unexcused. 1.5 Attendance via Speakerphone (AVS): From time to time, a Council member will not be able to physically attend a Council meeting, but will want to be involved in the discussion and/or decision on a particular agenda item. The procedure and guidelines for permitting a Council member to attend a Council meeting via speakerphone are as follows: A. The Rare Occasion — AVS should be the rare exception, not the rule, and AVS is limited to two (2) times per year per Council member. Examples of situations where AVS would be appropriate include, but are not limited to: • An agenda item is time sensitive, and AVS is needed for a quorum; • An agenda item is of very high importance to the Council member who cannot be physically present; • It is important for all Council members to be involved in a decision, but one Council member is unable to be physically present. • AVS should be limited to one or two specific agenda items, and not the entire Council meeting. Examples of situations where AVS would not be appropriate include, but are not limited to: • Quasi-judicial hearings; • Other public hearing(s) where maps, display boards, power point presentations, or similar graphic presentations are being utilized; and • Non hearing agenda items which depend substantially on visual aids and/or graphic presentations. B. Attendance — Procedure 1. For a Council member to attend via speakerphone the Council member: a. must be able to hear the discussion on the agenda item before the Council, and b. must be able to be heard by all present in the Council chambers. 2. 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 via speakerphone. 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 via speakerphone, can be heard by all present in Council chambers. 2 Amended 2/21/2012 Resolution No. 12-156 EXAMPLE D — Liberty Lake 3. Upon conclusion of the particular agenda item(s), or meeting, the Mayor (or presiding officer if the Mayor is not physically present) should state: Let the record reflect that Council member 's attendance via speakerphone has been terminated. C. Notification If a Council member wishes to attend a Council meeting via speakerphone for an agenda item or meeting, the Council member should notify Council of his/her intent at the preceding Council meeting. This notification should be made during the Introduction of Upcoming Agenda Items. If that is not possible, the Council member should notify the Mayor or Mayor's designee of his/her wish to attend a Council meeting via speakerphone for an agenda item or meeting, not later than one (1) business day prior to the Council meeting for which he/she wishes to attend via speakerphone. With less notice, it may not be possible to make the necessary arrangements to allow AVS. 1.6 Attendance of City Staff: The City Administrator, City Attorney, and City Clerk shall attend all meetings of the City Council unless excused by the Mayor. The City Administrator may report and make recommendations to the City Council and when requested shall participate in Council discussions. The City Attorney, upon request, from the Mayor or Council, shall give an opinion on legal questions. The City Clerk shall keep the minutes of the Council, record all Council votes and actions and perform such other duties as necessary for the orderly conduct of the meeting. 1.7 Attendance of Media at Council Meetings: All meetings of the Council and its committees shall be open to the media, freely subject to recording by radio, television and photographic equipment at any time; provided that if such recording interferes with the orderly conduct of the meetings the Mayor may make such orders as necessary. 1.8 Journal of Proceedings: A journal of all proceedings (minutes) of the Council shall be kept by the City Clerk and shall be entered in a book constituting the official record of the Council. 2. TYPES OF MEETINGS 2.1 Regular Council Meetings: The Council shall meet regularly on the first and third Tuesdays of each month beginning at 7:OOp.m. and ending at 10:00 p.m. with a one (1) hour extension to 11:00 p.m. unless vetoed by a Council member. When a Council meeting falls on a holiday, the Council may determine an alternate day for the meeting. The location of the meetings shall be the City of Liberty Lake City Hall unless specified otherwise by a majority vote of the Council. 3 Amended 2/21/2012 Resolution No. 12-156 EXA:MPE E — Seattle City of Seattle Legislative Department General Rules and Procedures of the Seattle City Council (As adopted by Resolution 31639 EXAMPLE E — Seattle II. Full Council Meetings 5. Preliminary agendas of upcoming regular Full Council meetings will list items on which action is expected to be taken and will be made available to the public. All reasonable effort will be made to provide the preliminary agenda online and in hard copy at least two business days prior to the meeting. B. Special Meetings. A special meeting is a meeting held at a time, date, or location that differs from a regular meeting. 1. The Mayor, the President of the City Council, or any three CMs may call a special meeting of the Council consistent with Revised Code of Washington (RCW) 42.30.080. 2. Notices of special meetings shall be in accordance with RCW 42.30.080. a. The only items of business for which final action may be taken at a special meeting are those items listed on the written notice. b. Special meetings are held in the Council Chamber in Seattle City Hall, unless a specific alternate location is established by the party calling the meeting, be that the Mayor, the President, or three CMs, and notice as required under RCW 42.30.080 is given. C. Emergency Meetings. 1. Emergency meetings of the Council may be called by the Mayor, President, or any two CMs, consistent with the provisions of RCW 42.30 and 42.14.075.1 2. Meeting time, location, and notice requirements do not apply to emergency meetings called for emergency matters as permitted by RCW 42.30.070, RCW 42.30.080, and RCW 42.14.075. 3. Emergency meetings are open to the public unless exempt under RCW 42.30. 4. If a natural disaster, fire, flood, earthquake, enemy attack, imminent enemy attack, or other catastrophic emergency that renders a CM's physical attendance at a meeting impracticable, the CM may attend and vote by any electronic means (e.g. multi-party telephone or video conferencing) utilized by the Council for such purpose. * Charter, Art. IV, § 6. Charter, Art. IV, § 6. 6 ATTACHMENT NO. 2 EXAMPLES OF OTHER CITY COUNCILS' RULE CONTENT ON TELEPHONIC PARTICIPATION City of Mountlake Terrace — Section 2.10.010E Meetings and Council attendance — Telephonic Participation in Meetings. E. Telephonic Attendance, A Council member may attend a Council meeting via telephone once per calendar year. Telephonic attendance of a Council member shall not constitute a quorum of the Council. In order to attend a Council meeting via telephone, a Council member shall inform the City Clerk no later than three working days before the meeting in order for a telephone connection to be arranged, whereby the voice of the Council member can be identified, the Council member can hear all that is spoken at the meeting, and all persons at the meeting can hear the Council member speak. To attend a Council meeting by telephone, a Council member shall have received in advance all materials for the meeting. Telephone attendance of a Council member for purposes of voting on a quasi-judicial matter at a Council meeting is prohibited. City of Tacoma —Rule 1.E Telephonic Participation in Meetings. D. Quorum. Five Council members shall be a quorum for the transaction of business, but in the absence of a quorum the members present may adjourn the meeting to a later date. A member participating by telephone, in accordance with Rule 1.E, counts towards a quorum in a study session or committee meeting. E. Telephonic Participation in Meetings. 1. Council Members may attend regular meetings, special meetings, study sessions and committee meetings by telephone. Only one Council Member per meeting may attend telephonically. Council Members may telephonically attend each type of meeting (plus each committee served upon) once per calendar quarter; provided, that this limitation shall not apply when a Council Member is absent for medical reasons. 2. Notice of telephonic attendance must be provided to the City Clerk's Office not less than forty-eight hours before the scheduled start time for the meeting The City Clerk or designee shall immediately advise the presiding officer of the proposed telephonic participation. If more than one Council Member wishes to attend a meeting telephonically, the first Council Member to notify the City Clerk's Office shall be the one permitted to attend telephonically, 3. At any meeting where a Council Member is attending telephonically there shall be a telephone device that allows the voice of the Council Member on the telephone line to be heard by everyone present in the meeting room and that allows the Council Member shall identify himself or herself before speaking. The Council Member on the telephone line shall notify the others if he or she is about to disconnnect from the call. A Council Member who is connected remotely to the telephone line in the meeting place 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. Page 1 of 4 City of Spokane — Rule 5.8 Participation by Telephonic Communication. 5.8 Participation By Telephonic Communication A Councilperson may participate telephonically in all or part of a Council Meeting if: 1. prior approval is given by the Council President for good cause, whose approval shall not be unreasonably withheld, 2. all persons participating in the meeting are able to hear each other at the same time, such as by the use of speaker phone and 3. the Councilperson participating telephonically shall have reviewed all of the applicable material and participated in the relevant portion of the Council Meeting related to the topic to which the Councilperson is voting on, Any technical prohibitions or difficulties that prevent all parties present at the Council Meeting from adequately communicating with one another will negate any authorization previously given by the Council President, City of Langley - 2.06.065 Meetings — Attendance from e ote location. A. Purpose. The council, recognizing the benefits of fullest practicable attendance and participation by its members, by the mayor, by city staff, by the city attorney and by others, allows for attendance from remote location(s) through use of electronic means including but not limited to such two-way communication methods as speakerphone, Skype, or other media that provide full audio or audio and visual capability. In certain circumstances including emergencies it may be necessary for one or more members of the council to attend from remote location(s) in order to have a quorum. 1. For purposes of voting by a member (or members) of the council, such attendance from remote location(s) shall be considered the equal of being physically present in the council chamber. If the mayor attends by remote means, he/she may participate in discussions, but the mayor pro tempore if physically present in the chamber shall be the presiding officer to best facilitate an orderly and efficient process. 2. In the case of executive sessions, the council may permit participation from remote location(s) by the above alternative means only when the council on a case-by-case basis considers such participation to be necessary and the council is confident in the security of such remote communications. 3. Attendance from remote location(s) is intended to be an alternative and relatively infrequently used method for participation by members of the council. B. Protocol and Procedures. In all meetings involving remote attendance, the presiding officer shall inform all present in the council chamber of the intent to initiate a remote communication. 1. The presiding officer shall confirm and announce to all that all present in the chamber and in the remote location(s) can clearly hear all other parties and (as appropriate) clearly see visual content as will be presented. The clerk shall record such confirmation. Page 2 of 4 2. With such confirmation, members of the council — whether they are in the chamber or at remote location(s) — constituting a majority may approve the use of remote communication for the entirety of the meeting or for a specified portion thereof. 3. If the council by a majority approves use of remote communication for only a specified portion of any meeting, the presiding officer shall announce same and, at the end of the specified section, shall clearly announce to all the close of the remote communication and shall order that the connection be stopped. The attendance of the remote party shall be at an end. The clerk shall record the beginning and ending times of each such remote communication. 4. in the event that the remote communication link is broken or significantly degraded such that it no longer meets the full requirements of this section, the presiding officer shall confirm the loss of service and announce the close of the remote attendance. The attendance of the remote party shall be at an end. The clerk shall record the time of such closure. C. Requirements of the System(s). Any such communications systems 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; and where applicable by the council's determination, be clearly seen by all others and clearly see ati visual content that is determined by the council to be crucial to the understanding of matters discussed. Systems used in the course of executive sessions shall be reasonably secure from unauthorized access. D. Maintenance of Public Record. Audio and video recordings of proceedings under this section shall be maintained for the public record as required by law. E. System initiation, Training and Maintenance. in a reasonable time, the council shall make available appropriate funds and the mayor shall arrange for the acquisition and installation of all appropriate equipment, communication systems and software as shall be necessary to fulfill this section. The mayor shall also ensure the maintenance of such systems. The mayor shall also provide appropriate training to the council and to ail staff who may participate in such meetings in accordance with this section. Systems, equipment and training for the purpose of this section shall from time to time be upgraded at the suggestion of the mayor and at direction of the council as technologies advance and city budgets allow. (Ord. 971A § 1, 2012) City of Anacortes — Section 5.10 Meetings — Participation in Absentia. Participation in a Council meeting, including voting, by telephone or other electronic means is allowed provided it complies with the Open Public Meetings Act and the following: A. A Councilmember wishing to participate in absentia must request accommodation to attend via telephone or other electronic communications by contacting the Mayor no later than one (1) full working day prior to the meeting, unless the meeting is a special meeting where the Councilmember must request participation in absentia as soon as reasonably possible. B. The absent Councilmember(s) participating by telephone or other electronic means must be able to hear the entire proceedings including all participants, and all participants at the meeting must be able to hear the Councilmember(s) appearing by telephone or other electronic means. Page 3 of 4 C. No Councilnnember may participate in absentia more than two (2) times in any calendar year. D. The recording secretary shall note in the meeting minutes the participation of an absent Councilmember. Page 4 of 4 CITY OF YAKEVIA ATTACHMENT NO. 3 Memo on Participation LEGAL at City Council Meeting DEPARTMENT 200 South Third Street, Yakima, Washington 98901-2830 MEMORANDUM December 21, 2015 TO: Honorable Mayor and Members of the City Council Jeff Cutter, Interim City Manager FROM: Helen A. Harvey, Senior Assistant City Attorney flf SUBJ: Participation at City Council Meeting (509) 575-6030 Fax: (509) 575-6160 We have been asked to discuss the following question: Issue: Can a City Council member participate and vote at a City Council meeting when the member is not physically present at the meeting? A. City Council Rules The current "Standard Motions and Rules of Procedure of Yakima City Council" dated "Revised March 2007" states under "B. Rights and Duties of Members": "3. Not to Vote unless present. No member of the Council shall be permitted to vote on any question unless he shall be present when the vote is taken and when the result is announced. No member shall give his 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." Attached is a copy of pages 7-8 of the current City Council "Standard Motions and Rules of Procedure". The City Council may make changes to the rules of procedure, assuming changes are in compliance with state law requirements and the City Charter. B. Meeting Participation by Phone Municipal Research and Service Center ("MRSC") has addressed the question of meeting participation by phone. MRSC's opinion by MRSC Legal Consultant Jim Doherty posted on the MRSC website states: Memorandum to City Council December 21, 2015 Page 2 "Meeting Participation from Afar, by Speakerphone or Other Means Posted on MRSC on June 12, 2012 by Jim Doherty "Is actual physical presence required for a member of a local government governing body — city council, board of county commissioners, planning commission, etc. — to "attend" and participate at a meeting of that body? Although state law provides no specific authorization, MRSC legal staff has taken the position that it is legal for a local government governing body to allow attendance and participation of a member at a meeting by use of a speakerphone or by some more contemporary communication mode such as Skype. This attendance and participation would require clear two-way communication: the member on the phone line or video/internet connection can hear and perhaps see what is happening at the meeting and can also be heard and perhaps be seen by those present at the meeting. If authorized by the body, this can be considered to be attendance at the meeting, and the physically -absent member would count towards the quorum. Some local government governing bodies in this state — and in other states — have enacted specific meeting rules that allow such participation in meetings; some allow it generally and some allow it on a more limited basis. This is within the discretion of the body. As such, we recommend that a governing body clarify in its rules of procedure whether and under what circumstances participation by speakerphone or other communication medium will be allowed. Often this question arises when the need arises; for example, a councilmember or commissioner is needed for a quorum at a meeting on an important matter, but the person is out of town because of a sick relative, a vacation, a child graduating from college, etc. That's not the best time to deal with the issue. We encourage governing bodies to talk this out ahead of time, so that you have time to consider the issue and establish proper procedures. What about having two absent members of a legislative body participate in a meeting in this manner? Should that be allowed? What about the entire body? A few years ago, the City of Snoqualmie, as an experiment, decided to push the limits with existing technology. The city council held an electronic public meeting. None of the city councilmembers were physically present — instead, they were in different locations and used chatroom software to hold a meeting by typing onto their computers. Advance notice of the meeting was given, and the public was provided an opportunity to view the electronic discussion on their own computers as it was held. If members of the public wanting to view the meeting didn't have a computer, they were given directions to locations (city hall and the city library) where they could monitor the on-line discussion. In an emergency, perhaps electronic meetings of this type could solve difficulties with getting governing body members together in one location on short notice. Memorandum to City Council December 21, 2015 Page 3 So far, no appellate court in the state has interpreted the Open Public Meetings Act (OPMA) or other potentially applicable laws as either allowing or prohibiting meeting participation in this manner — the issue has riot come up. Nevertheless, I expect a court reviewing this issue would look favorably on the use of speakerphones or computer technology for this purpose. So, I think it is basically a policy decision for a governing body to make." On December 8, 2015, I called MRSC to confirm that the above opinion posted June 12, 2012 is still MRSC's position. I spoke with MRSC Legal Consultant Jim Doherty, who advised it is still MRSC's position as nothing has changed; there have been no new cases on the issue and no new statutes. MRSC continues to take the position that it is legal for a city to allow participation of a councilmember to a meeting by means of a speakerphone with two-way communication. Mr. Doherty also said if a City Council wants to allow participation by speakerphone, it remains MRSC's opinion that the best practice is to have a previously adopted City Council policy. As discussed in his above opinion: "As such, we recommend that a governing body clarify in its rules of procedure whether and under what circumstances participation by speakerphone or other communication medium will be allowed." Attachment STANDARD MOTIONS AND RULES OF PROCEDURE OF YAKIMA CITY COUNCIL Revised August 2014 B. RIGHTS AND DUTIES OF MEMBERS Duty to Vote - Absentation. Every member of the Council present at a meeting where a vote is taken on any proposal shall vote thereon unless excused. A member desiring to be excused from voting may, when his name is called, make a brief statement, not exceeding five minutes, giving the reasons for making such a request, and the question of excusing him shall then be decided by vote of the other members of the Council. 2. Explaining Vote. Any member of the Council desiring to explain his vote when his name is called shall be allowed a like opportunity. Not to Vote unless present. No member of the Council shall be permitted to vote on any question unless he shall be present when the vote is taken and when the result is announced. No member shall give his 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. 4. Notification of a Member's Absence from a Council Session. Members of the Council will notify the Mayor or City Clerk prior to being late or absent from a regular or special Council session. 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. Meetings shall convene at 6:00 pm. 2. Study Sessions Study sessions of the City Council shall be scheduled to convene at the hour of 8:00 am. Regular Meetings -- Place of Meetings. a. City Hall. Unless notice is given pursuant to Rule C.3.b. of these Rules, all regular business meetings of the Council shall be held in the City Council meeting room on the first floor of the City Hall and all study session meetings shall be held either in the City Council meeting room, or the adjoining conference room, on the first floor of the Yakima City Hall. However, a 7 meeting having been convened at said place may be adjourned by the Council to any other place within the City of Yakima for the purpose of conducting a particular matter of business which may be more conveniently conducted at such other place. b. Changed Meeting Place. Any meeting of the Council may be held at a place other than that required by Rule C.3.a. hereof on notice of a changed meeting place, which notice shall be given by an announcement at the immediately preceding meeting of such changed meeting place or by written notification by the Clerk of the Council to each Council member given no less than three days prior to the meeting to be held at the changed meeting place. 4. Special Meetings -- Call. Special meetings may be called in the manner provided by law and by the City Charter. 5. Meetings -- Items Considered. (a) At regular business meetings of the City Council, no action shall be taken on any item(s) not appearing on the posted agenda of such meeting except and unless, by majority vote of the City Council members present, it is determined that an emergency exists and that immediate action must be taken by the City Council to address the emergency. (b) Any City Council member(s) may, under "Other Business", propose that an item(s) or issue(s) be referred to City staff for research and review, be assigned to a specific committee of the Council for research and review, and/or be added to the agenda of the next available City Council regular business 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) At special meetings of the City Council, no item(s) not included on the posted agenda of such meeting may be considered or acted upon only with the unanimous consent of all members of the City Council. 6. Notice to City Manager. The Clerk of the Council shall serve upon the City Manager a copy of all notices required by these rules to be served. 7. Quorum. Four members of the Council shall constitute a quorum thereof for the transaction of business. Except as otherwise specified by law, a majority vote of the Council members present at a meeting shall be required and shall be sufficient to transact any business before the Council. 8