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COUNCIL
PROCEDURES FOR THE CITY OF SULTAN
draft
as of 11-8-02
1. GENERAL
RULES
- Meetings
to be Public: All official meetings of the Council shall be open to
the public with the exception of executive sessions for certain limited
topics (as defined in RCW Chapter 42.30). The journal of proceedings
(minute book) shall be open to public inspection.
- Quorum:
Four Councilmembers shall be in attendance to constitute a quorum
and be necessary for the transaction of business. If a quorum is not
present, those in attendance will be named and they shall adjourn
to a later time, but no adjournment shall be for a longer period than
until the next regular meeting.
- Attendance,
Excused Absences: RCW 35A.12.060 provides that a Councilmember shall
forfeit his/her office by failing to attend three (3) consecutive
regular meetings of the Council without being excused by the Council.
Members of the Council may be so excused by complying with this section.
The member shall contact the Chair prior to the meeting and state
the reason for his/her inability to attend the meeting. If the member
is unable to contact the Chair, the member shall contact the City
Clerk or Deputy City Clerk, who shall convey the message to the Chair.
The Chair shall inform the Council of the member’s absence, state
the reason for such absence and inquire if there is a motion to excuse
the member. Upon passage of such motion by a majority of members present,
the absent member shall be considered excused and the Recorder will
make an appropriate notation in the minutes. If the motion is not
passed the Recorder will note in the minutes that the absence is unexcused.
- Journal
of Proceedings: A journal of all proceedings of the Council shall
be kept by the City Clerk and shall be entered in a book constituting
the official record of the Council.
- Right
of Floor: Any member desiring to speak shall be recognized by the
Chair and shall confine his/her remarks to one subject under consideration
or to be considered.
- Rules
of Order: Robert’s Rules of Order Newly Revised shall be the guideline
procedures for the proceedings of the Council. If there is a conflict,
these rules shall apply.
- Arrangement
of The Council: The council meetings shall be arranged as follows:
The mayor shall be seated in the center of the council table with
the City Clerk or Deputy City Clerk and the City Attorney seated on
each side. Council position number order shall fill the other seven
seats at the Council table.
2. TYPES
OF MEETINGS
- Regular
Council Meetings: The Council shall meet on the 1st and
3rd Wednesday of each month at 7 p.m. When a Council meeting
falls on a holiday, the Council may determine an alternate day for
the meeting or cancel the meeting. The Council may reschedule regular
meetings to a different date or time by motion. The location of the
meetings shall be the Community Center meeting room at 319 Main Street,
unless specified otherwise by a majority vote of the Council. All
regular and special meetings shall be public.
- Special
Meetings: Special meetings may be called by the Mayor or any four
(4) members of the Council. The City Clerk shall prepare a notice
of the special meeting stating the time, place and business to be
transacted. The City Clerk shall attempts to notify each member of
the Council, either by telephone or otherwise, of the special meeting.
The City Clerk shall give at least 24 hours’ notice of the special
meeting to each local newspaper of general circulation and to each
local radio and/or television station which has filed with the Clerk
a written request to be notified of special meetings. No subjects
other than those specified in the notice shall be considered. The
Council may not make final disposition on any matter not mentioned
in the notice.
- Continued
and Adjourned Sessions: Any session of the Council may be continued
or adjourned form day to day, or for more than one day, but no adjournment
shall be for a longer period than until the next regular meeting.
- Study
Sessions and Workshops: The Council may meet informally in study sessions
and workshops (open to the public), at the call of the Mayor or of
any three or more members of the Council, to review forthcoming programs
of the city, receive progress reports on current programs or projects,
receive other similar information from city department heads or conduct
procedures workshops, provided that all discussions and conclusions
thereon shall be informal and do not constitute official actions of
the Council. Study sessions and workshops held by the council are
"special meetings" of the council, and the notice required
by RCW 42.30.080 must be provided.
- Executive
Sessions: Executive Sessions or closed meetings may be held in accordance
with the previsions of the Washington State Open Meetings Act (Chapter
42.30 RCW). Among the topics that may be discussed are: (1) personnel
matters; (2) consideration of acquisition of property for public purposes
or sale of city-owned property; and (3) potential or pending litigation
in which the city has an interest, as provided in the Revised Code
of Washington. The council may hold an executive session during a
regular or special meeting. Before convening in executive session
the Chair shall publicly announce the purpose for excluding the public
from the meeting place and the time when the executive session will
be concluded. If the Council wishes to adjourn at the close of a meeting
from executive session, that fact will be announced along with the
estimated time for the executive session. The announced time limit
for executive sessions may be extended to a state later time by the
announcement of the Chair.
- Attendance
of Media at Council Meetings: All official meetings of the Council
and its committees shall be open to the media, freely subject to recording
by radio, television and photographic services at any time, provided
that such arrangements do not interfere with the orderly conduct of
the meetings.
3. CHAIR
AND DUTIES
- Chair:
The Mayor, if present, shall preside as Chair at all meetings of the
Council. In the absence of the Mayor, the Mayor Pro tem shall preside.
In the absence of both the Mayor and Mayor Pro Tem, the Council shall
elect a Chair.
- Call
to Order: The meetings of the Council shall be called to order by
the Mayor or, in his/her absence, by the Mayor Pro Tem. In the absence
of both the Mayor and the Mayor Pro Tem, the meeting shall be called
to order by the City Clerk or Deputy City Clerk for the election of
a temporary Chair.
- Preservation
of Order: The Chair shall preserve order and decorum, prevent attacks
on personalities or the impugning of members’ motives and confine
members in debate to the question under discussion.
- Points
of Order: The Chair shall determine all points of order, subject to
the right of any member to appeal to the Council. If any appeal is
taken, the question shall be "Shall the decision of the Chair
be sustained?"
- Questions
to be Stated: The Chair shall state all questions submitted for a
vote and announce the result. A roll call vote shall be taken upon
all questions.
- Mayor
– Powers: The Mayor may not make or second motions, but may participate
in debate to the extent that such debate does not interfere with chairing
the meeting. If the mayor wishes to participate vigorously in the
debate of an issue, the mayor shall turn over chairing of that portion
of the meeting to the Mayor Pro Tem, or to another councilmember if
the Mayor Pro Tem is absent. The mayor’s voting rights and veto power
are as specified in RCW 35A.12.100.
4. ORDER
OF BUSINESS AND AGENDA
- Order
of Business: The order of business for all regular meetings shall
be transacted as follows unless the Council, by a majority vote of
the members present, suspends the rules and changes order:
- Call
to Order
- Pledge
of Allegiance
- Council
Discussion /Agenda Review/Set Time Restrictions (See Rules 6.1 &
7.4)
- Comments
From Citizens
- Consent
Agenda
- Mayor’s
Reports
- Department
Head/Council Committee/Commission Reports
- Action
Items
- Continued
Comments From Citizens
- Councilmember
Comments
- Adjournment
The Consent
Agenda may contain items which are of a routine and non-controversial
in nature which may include, but are not limited to, the following: meeting
minutes, payroll, claims, budget amendments, business license requests
and any item previously approved by Council with a unanimous vote and
which is being submitted to Council for final approval. Any item on the
Consent Agenda may be removed and considered separately as an agenda item
at the request of any Councilmember or any person attending a Council
meeting.
- Council
Agenda: The Mayor shall prepare the agenda for Council meetings. Subject
to the Council’s right to amend the agenda, no legislative item shall
be voted upon which is not on the Council agenda, except in emergency
situations (defined as situations which would jeopardize the public’s
health, safety or welfare).
- Mayor
and Councilmember Comments and Concerns: The agenda shall provide
a time when the Mayor ("Mayor’s Reports") or and Councilmember
("Comments From Councilmembers") may bring before the council
any business that he/she feels should be deliberated upon by the Council.
These matters need not be specifically listed on the agenda, but formal
action on such matters may be deferred until a subsequent Council
meeting, except that immediate action may be taken upon a vote of
a majority of all members of the Council. There shall be no lectures,
speeches or grandstanding.
5. CONSENSUS
AND MOTIONS
- Consensus
Votes: When a formal motion is not required on a Council action or
opinion, a consensus voice vote will be taken. The Chair will state
the action or opinion and each Councilmember will state his/her name
and vote by saying "aye" or "nay".
- Motions:
No motion shall be entertained or debated until duly seconded and
announced by the Chair. The motion shall be recorded and, if desired
by any Councilmember, it shall be read by the Recorder before it is
debated and, by the consent of the Council, may be withdrawn at any
time before action is taken on the motion.
- Votes
on Motions: Each member present shall vote on all questions put to
the Council except on matters in which he or she has been disqualified
for a conflict of interest or under the appearance of fairness doctrine.
Such member shall disqualify himself or herself prior to any discussion
of the matter and shall leave the Council Chambers. When disqualification
of a member or members results or would result in the inability of
the Council at a subsequent meeting to act on a matter on which it
is required by law to take action, any member who was absent or who
had been disqualified under the appearance of fairness doctrine may
subsequently participate, provided such member first shall have reviewed
all materials and listened to all tapes of the proceedings in which
the member did not participate.
- Failure
to Vote on a Motion: Any councilmember present who fails to vote without
a valid disqualification shall be declared to have voted in the affirmative
on the question.
- Motions
to Reconsider: A motion to reconsider must be made by a person who
voted with the majority on the principal question and must be made
at the same or succeeding regular meeting. No motion to reconsider
an adopted quasi-judicial written decision shall be entertained after
the close of the meeting at which the written findings were adopted.
6. PUBLIC
HEARING PROCEDURES
- Speaker
Sign-In: Prior to the start of a public hearing the Chair may require
that all persons wishing to be heard sign in with the Recorder, giving
their name and whether they wish to speak as a proponent, opponent
or from a neutral position. Any person who fails to sign in shall
not be permitted to speak until all those who signed in have given
their testimony. The Chair, subject to the concurrence of a majority
of the Council, may establish time limits and otherwise control presentations.
(Suggested time limit is three minutes per speaker or five minutes
when presenting the official position of an organization or group.)
The Chair may change the order of speakers so that testimony is heard
in the most logical groupings (i.e. proponents, opponents, adjacent
owners, etc.).
- Conflict
of Interest/Appearance of Fairness: Prior to the start of a public
hearing the Chair will ask if any Councilmember has a conflict of
interest or Appearance of Fairness Doctrine concern which could prohibit
the Councilmember from participating in the public hearing process.
A Councilmember who refuses to step down after challenge and the advice
of the City Attorney, a ruling by the Mayor or Chair and/or a request
by the majority of the remaining members of the Council to step down
is subject to censure. The Councilmember who has stepped down shall
not participate in the Council decision nor vote on the matter. The
Councilmember shall leave the Council Chambers while the matter is
under consideration, provided, however, that nothing herein shall
be interpreted to prohibit a Councilmember from stepping down in order
to participate in a hearing in which the Councilmember has a direct
financial or other personal interest.
- The
Public Hearing Process: The Chair introduces the agenda item, opens
the public hearing and announces the following Rules of Order:
- All
comments by proponents, opponents or other members of the public shall
be made from the podium; any individuals making comments shall first
give their name and address. This is required because an official
recorded transcript of the public hearing is being made.
- No comments
shall be made from any other location. Anyone making "out of
order" comments shall be subject to removal from the meeting.
If you are disabled and require accommodation, please advise the Recorder.
- There
will be no demonstrations during or at the conclusion of anyone’s
presentation.
- These
rules are intended to promote an orderly system of holding a public
hearing, to give every person an opportunity to be heard, and to ensure
that no individual is embarrassed by exercising his/her right of free
speech.
• The
Chair calls upon city staff to describe the matter under consideration.
• The
Chair calls upon proponents, opponents and all other individuals
who wish to speak regarding the matter under consideration.
• The
Chair inquires as to whether any Councilmember has questions to
ask the proponents, opponents, speakers or staff. If any Councilmember
has questions, the appropriate individual will be recalled to
the podium.
• The
Chair continues the public hearing to a time specific or closes
the public hearing.
7. DUTIES
AND PRIVILEGES OF CITIZENS
- Meeting
Participation: Citizens are welcome at all Council meetings and are
encouraged to attend and participate before the deliberations of the
Council. Recognition of a speaker by the Chair is a prerequisite and
necessary for an orderly and effective meeting, be the speaker a citizen,
Councilmember or staff member. Further, it will be expected that all
speakers will deliver their comments in a courteous and efficient
manner and will speak only to the specific subject under consideration.
Anyone making out-of-order comments or acting in an unruly manner
shall be subject to removal from the meeting. Use of cellular telephones
is prohibited in the Community Center Meeting Room.
- Subjects
Not on the Current Agenda: Under agenda item "Comments From Citizens"
citizens may address any item they wish to discuss with the Mayor
and Council. They shall first obtain recognition by the Chair, state
their name, address and subject of their comments. The Chair shall
then allow the comments, subject to a three (3) minute limitation
per speaker, or other limitations as the Chair or Council may deem
necessary. Following such comments, if action is required or has been
requested, the Chair may place the matter on the current agenda or
a future agenda or refer the matter to staff or a Council committee
for action or investigation and report at a future meeting.
- Subjects
on the Current Agenda: Any member of the public who wishes to address
the Council on an item on the current agenda shall make such request
to the Chair or Presiding Officer. The Chair shall rule on the appropriateness
of public comments as the agenda item is reached. The Chair may change
the order of speakers so that testimony is heard in the most logical
grouping (i.e. proponents, opponents, adjacent owners, etc.). All
comments shall be limited to three (3) minutes per speaker or other
limitations as the Chair or Council may deem necessary.
- Manner
of Addressing the Council – Time Limit: Each person addressing the
Council shall step up to the podium, give his/her name and address
in an audible tone of voice for the record and, unless further time
is granted by the Council, shall limit his/her remarks to three (3)
minutes. Agenda items "Comments From Citizens" and "Continued
Comments From Citizens" shall be limited to a total of 30 minutes
each unless additional time or less time is agreed upon by the Council
(dependent upon the length of the agenda). All remarks shall be addressed
to the Council as a body and not to any member thereof. No person,
other than the Chair, members of the Council and the person having
the floor, shall be permitted to enter into any discussion, either
directly or through the members of the Council. No questions shall
be asked of the Councilmembers, except through the Chair. The Council
will then determine the disposition of the issue (information only,
place on present agenda, workshop, a future agenda, assign to staff,
assign to Council Committee or do not consider).
- Personal
and Slanderous Remarks: Any person making personal, impertinent or
slanderous remarks or who shall become boisterous while addressing
the Council may be requested to leave the meeting and may be barred
from further audience before the Council during that Council meeting
by the Chair or Presiding Officer.
- Written
Communications: Interested parties, or their authorized representatives,
may address the Council by written communication in regard to any
matter concerning the city’s business or over which the Council had
control at any time. The written communication may be submitted by
direct mail or by addressing the communication to the City Clerk who
will distribute copies to the Councilmembers. The communication will
be entered into the record without the necessity for reading as long
as sufficient copies are distributed to members of the audience/public.
- Comments
in Violation of the Appearance of Fairness Doctrine: The Chair may
rule out of order any comment made with respect to quasi-judicial
matter pending before the Council or its Boards or Commissions. Such
comments should be made only at the hearing on a specific matter.
If a hearing has been set, persons whose comments are ruled out of
order will be notified of the time and place when they can appear
at the public hearing on the matter and present their comments.
- "Out
of Order" Comments: Any person whose comments have been ruled
out of order by the Chair shall immediately cease and refrain from
further improper comments. The refusal of an individual to desist
from inappropriate, slanderous or otherwise disruptive remarks after
being ruled out of order by the Chair may subject the individual to
removal from the Community Center Meeting Room.
These
rules are intended to promote an orderly system of holding a public
meeting and to give every person an opportunity to be heard.
8. FILLING
COUNCIL VACANCIES AND SELECTING MAYOR PRO TEM
- Notice
of Vacancy: If a Council vacancy occurs, the Council will follow the
procedures outlined in RCW 42.12.070. In order to fill the vacancy
with the most qualified person available until an election is held,
the Council will widely distribute and publish a notice of the vacancy
and the procedure and deadline for applying for the position.
- Application
procedure: The Council will draw up an application form which contains
relevant information that will answer set questions posed by Council.
The application form will be used in conjunction with an interview
of each candidate to aid the Council’s selection of the new Councilmember.
- Interview
Process: All candidates who submit an application by the deadline
will be interviewed by the Council during a regular or special Council
meeting open to the public. The order of the interviews will be determined
by drawing the names; in order to make the interviews fair, applicants
will be asked to remain outside the Community Center Meeting Room
while other applicants are being interviewed. Applicants will be asked
to answer questions submitted to them in advance of the interview
and questions posed by each Councilmember during the interview process.
The Councilmembers will ask the same questions of each candidate.
Each candidate will then be allowed two (2) minutes for closing comments.
Since this is not a campaign, comments and responses about other applicants
will not be allowed.
- Selection
of Councilmember: The Council may recess into executive session to
discuss the qualifications of all candidates. Nomination, voting and
selection of a person to fill the vacancy will be conducted during
an open public meeting.
- Selecting
Mayor Pro Tem and Alternate Mayor Pro Tem: The mayor pro Tem and Alternate
mayor Pro Tem will be selected by the Councilmembers.
9. CREATION
OF COMMITTEES, BOARDS AND COMMISSIONS
- Citizen
Committees, Boards and Commissions: The Council may create committees,
boards, and commissions to assist in the conduct of the operation
of city government with such duties as the Council may specify not
inconsistent with the SMC.
- Membership
and Selection: Membership and selection of members shall be as provided
by the Council if not specified otherwise in the SMC. Any committee,
board, or commission so created shall cease to exist upon the accomplishment
of the special purpose for which it was created, or when abolished
by a majority vote of the Council. No committee so appointed shall
have powers other than advisory to the Council or to the mayor except
as otherwise specified in the SMC.
- Removal
of Members of Boards and Commissions: The Council may remove any member
of any board or commission which it has created by a vote of at least
a majority of the Council (this rule does not apply to the Civil Service
Commission or any other such body which has statutory procedures concerning
removal).
10. SUSPENSION
AND AMENDMENT OF THESE RULES
- Suspension
of These Rules: Any provision of these rules not governed by the SMC
may be temporarily suspended by a vote of a majority of the Council.
- Amendment
of These Rules: These rules may be amended or new rules adopted by
a majority vote of all members of the Council, provided that the proposed
amendments or new rules shall have introduced into the record at a
prior Council meeting.
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