3.0 Requirements to Conduct Business

4.0 Meetings

5.0 The Council

1.1 Meetings to be Public - All meetings of the council are open to the public with the exception of executive sessions as described below.

1.2 Attendance and Absences of the Council - Attendance at regular and special council meetings is required of the members of the council. As provided in RCW 35A.12.060, a council member shall forfeit his/her seat upon failure to attend (3) three consecutive regular council meetings without being excused by the council.

1.3 Excused Absences - If a member of the council knows he/she will be unable to attend a meeting, he/she should contact the Mayor prior to the meeting whenever possible, and state the reason for the absence. At the 'council meeting, the Mayor should inform the council of the reason for the absence, and the Mayor should then ask if there is a motion to excuse the absence. The motion should then be voted upon. If the motion passes, the Clerk shall record the absence as excused.

1.4 Journal of Proceedings - The clerk or her/his designee shall attend council meetings and make a record of the proceedings. These shall be transcribed into written minutes and submitted for approval at the next regular council meeting. The notes and minutes are open to public inspection upon written request by any member of the public.

1.5 Regular Council Meetings - Unless changed by ordinance, regular council meetings are to be held twice per month,, on the second and forth Tuesdays, except in the case of a holiday, and are to begin at 7:00 p.m., or as hereafter revised by ordinance. They are to be held in the City Council Chambers unless they are specially set to take place at another location. If a regular meeting should fall on a holiday, the meeting shall be rescheduled to another date by the council.

1.6 Special Council Meetings - Special meetings are those which fall on days and times other than regular meetings. These are formal meetings and do not include workshops. Special meetings may be called by the Mayor or any (3) three council members. The City clerk shall prepare a notice of any special meeting stating the time, place, and business to be transacted at the meeting. Such notice shall be posted and listed in the newspaper as is required for regular meetings. No subjects other than those listed shall be considered at the special meeting. The council may not take action on any matter not listed within the notice.

1.7 Emergency Council Meetings - Emergency meetings may be called in less than 24 hours and without notice requirements for special and regular meetings, to deal with emergencies involving injuries, or to deal with emergencies involving damage to persons or property, or when there is a likelihood that adherence to the notice requirements would be impractical and may increase the likelihood of injury or damage.

1.8 Study Sessions and Workshops - The Council may meet informally in study sessions or workshops at the request of the Mayor or any (3) three or more council members. Attendance of the council is required at these sessions, however, the penalties under RCW 35A.12.060 shall not apply. These workshops are open to the public. In order for a member of the assembly to speak, the Mayor must recognize the person or organization. Workshops and study sessions are called to discuss and share information on a variety of matters including city projects, and budgetary matters. These sessions are informal. No action may be taken or voted on during these sessions.

1.9 Media Attendance - Members of the media are welcome to attend any public meeting.

1.10 Oath of Office - Prior to taking a seat on the council, the elected or appointed council member must take the oath of office as required under RCW chapter 35A.

1.11 Voucher Approval - Vouchers are expenditures and are voted on for approval during a regular council meeting. the actual bills are available for inspection by the council and members of the public, at the clerk's office the Friday prior to the council meeting.

1.12 Items for discussion - Items for discussion and information may be addressed by a council member without notice to other members.

1.13 Items for Action - Items for action should be added to the agenda at some time prior to the meeting.

1.14 Items for expenditure - Items for expenditure should be formally placed on the agenda three days prior to the council meeting.

1.15 Ordinances - Ordinances become effective five days after publication.

1.16 Consent Agenda - Items which the council has agreed upon and which will need no discussion may be placed on the consent agenda. Items may include business license requests, and also include minutes from the prior meeting. The consent agenda is voted on with a roll call vote so that each member's vote may be recorded.

1.17 Written Communications - Interested parties, or their authorized representatives, may address the council by written communication in regard to any matter of city business. The written communication shall be addressed to the Mayor or Council or the city clerk, and addressed to the clerk's office. The clerk will distribute copies of the communication to members of the council and the Mayor prior to the next regular council meeting or as soon thereafter as possible. The communication shall be entered into the record and may be read during the open meeting so long as time allows.

2.1 Council Body - The council consists of five council members, who are resident within the city limits of Sultan and have been elected or appointed.

2.2 Presiding Official - The Mayor or Mayor Pro Tem shall preside over the council meetings.

2.3 Arrangement of the Council - The council meetings shall be arranged as follows. The Mayor shall be seated in the center of the council table. On the right side of the Mayor, the City Attorney shall be seated. On the Mayor's left side, the City Clerk shall be seated. The other five seats at the council table shall be filled by council members.

2.4 Mayor Pro tem - The Council shall appoint a Mayor Pro tem to conduct the business of presiding over meetings of the council and any other regularly conducted business of the Mayor i4q the Mayor's absence. While the council member is functioning as Mayor pro tem, the council member retains his/her right and responsibility to make and vote on motions before the council.

2.5 Appointment of Mayor Pro tem - The appointment of Mayor Pro tem shall take place annually, at the first regular meeting of the council each year, and the term shall be for one year.

2.6 Vacant Council Position - The process of filling a vacant council seat is governed by RCW 42.12.070, and 42.30.110. In the event a council position becomes vacant for any reason prior to the expiration of a term, the Clerk shall notify the public, following the notice requirements of RCW 35A.13.020.

Once the applications have been submitted at the close of the application period, the council shall review the applications. The council may move to discuss the applications in executive session, or may discuss them during the open portion of the meeting. The council members may interview the applicants during the meeting if they so desire.

After the council feels they have reviewed the applications sufficiently, and during the open portion of the meeting, the Mayor shall then call for any nominations. Any council member may nominate any applicant. The Mayor shall then call for the vote. The applicant who receives a majority of the vote shall take the council seat at the next meeting, provided he/she has taken the oath of office.

Any time there is a tie vote, the Mayor votes to break the tie.

3.1 Required Officers - In order for the council to conduct business, there must be a Clerk and a Mayor.

3.2 Quorum - In order for the council to conduct business, there must also be a quorum. A quorum consists of a simple majority of the members of the council. A quorum shall be met if there are three or more council members present.

3.3 Lack of a quorum - Before the meeting is called to order, it is the duty of the Mayor to determine if there is a quorum present. In the absence of a quorum, any business transacted is null and void, except that within this paragraph. If a quorum is not present, the Mayor shall wait a reasonable time to determine if a quorum will be present. If it appears that a quorum will not be present, or if a reasonable time expires and there is no quorum, the Mayor shall call the meeting to order, announce the absence of a quorum, then entertain a non-debatable motion to adjourn, a motion to adjourn to a specific time and place other than a regularly scheduled meeting, or a recess. During the recess, measures shall be taken to contact members of the council to seek their attendance.

3.4 Absence of the Mayor - If the Mayor is not present, the members of the council may wait a reasonable time for the Mayor to appear. If the Mayor fails to appear, the Mayor pro tem shall assume the seat of the Mayor and call the meeting to order. Thereafter, the Mayor pro tem shall conduct the regular business of the meeting. In the absence of the Mayor pro tem, the Clerk shall call the meeting to order and request the election of a mayor pro tem for the meeting. After the election, the meeting shall proceed.

4.1 Call to Order - The meeting shall be called to order by the Mayor at the beginning of the meeting, and at any time during the meeting if the Mayor determines the meeting is out of order.

4.2 Pledge of Allegiance - Once the meeting is called to order by the Mayor, the Mayor shall lead the council and assembly in the pledge of allegiance to the flag of the United States of America.

4.3 Order of Business - The Mayor or Mayor pro tem shall follow the outline of the agenda as the order of business to the best of his/her ability. The order shall be in the following general manner.

The first order of business after the Pledge of Allegiance is to entertain a motion on the consent agenda, which consists of minutes from the prior meeting and other consent items. Roll Call shall be taken for this vote by calling the name of each council member and noting his/her presence and response.

The next item on the agenda shall be comments from the public. These comments shall be regarding issues or concerns of the assembly of which any person wishing to speak has notified the clerk prior to the meeting. Any letters the speaker wishes the council to consider should be delivered to the-city Clerk three business days prior to the meeting.

Business license requests will be considered next by the council . The council moves to accept or reject the recommendation of the planning commission as to whether or not to grant the license, and state any conditions they determine should be placed on the license.

The next order of business shall be to conduct any new business. This may include any input from the delegation. Rules which apply to comments and discussion from the delegation follow.

Voucher approval is the next item of business of the agenda. The chairperson form the finance committee shall move to accept the vouchers in the amount listed as the total. If the chair is not present at the meeting, another member of the committee or council shall present the motion. After the motion is seconded questions and comments are made. Upon the vote being called for, all council members shall vote. If a council member must abstain on a voucher, he/she shall state that he/she abstains and the voucher(s) number(s) he/she is abstaining from.

The next order of business shall be to address the individual members of the staff for reports and requests if they have any business which requires that they address the council.

Finally, the Mayor shall address the individual council members as to any items they may have to discuss.

Usually if there is a need for an executive session, a council member motions for the executive session at this time for the convenience of the assembly. The assembly shall be informed of the issues in general and the time allotted to discuss the issues. The assembly may return to the council room once the executive session is completed.

4.4 Procedure to bring business before the council - In order to bring any item of business before the council, a person must contact the Clerk's office a minimum of three business days prior to the council meeting so that the Clerk may place the item on the agenda. The person must clearly identify the item of business he/she wishes to address to the council.

Items of business will be called by the Mayor during the meeting. Any written materials should be presented at the Clerk's office three business days prior to the meeting so that the Clerk has an opportunity to copy and distribute them and the council in order to give them an opportunity to review them prior to the meeting.

4.5 Comments from the assembly - The assembled people of the audience consisting of the public shall be referred to as the, "assembly", or the, "delegation". They may comment on an item being discussed by raising their hand or standing up from their seat, or performing any other act reasonably calculated to gain the attention of the Mayor.

Once the Mayor recognizes the person, the person shall identify herself or himself for the record, and may then address the assembly. All remarks shall be addressed to the Mayor and the council as a whole, not to individual council members or other members of the assembly.

Comments from a member of the assembly should be limited to five minutes. If comments last beyond five minutes, the Mayor may inform the person that for the benefit of the entire assembly, the Mayor wishes the person to resume his/her seat and the council will need to continue its business.

Slanderous or derogatory remarks from the assembly may result in the Mayor calling the person out of order and having the person removed.

The Mayor and Council are cognizant of the fact that they should not allow a member of the assembly to deride employees of the city. In a case where a member of the assembly derides or slanders a member of the staff or employee, any member of the council or the Mayor may ask the person to cease and resume his/her seat.

4.6 _Staff Reports and Council Discussion - Staff reports and items of discussion from council members should be limited to twenty (20) minutes. If reports or discussion lasts beyond the time frame, the Mayor may inform the person that their time has expired. At the Mayor's discretion and as he/she deems necessary, the person may be allowed to continue.

4.7 Discussion of Agenda Items - A person or group who has brought an item of business to the council, may reasonably be allowed more than five minutes for explanation and discussion of an item.

4.8 Out of Order - If at any time the Mayor deems that a person or group has become disruptive of the general assembly and/or council meeting, the Mayor may tap his gavel on the table or any other place designed to gain the attention of the assembly and declare that the person or group is out of order. If the person or group continues to be disruptive of the council meeting, the Mayor may ask the person or group to leave the meeting. If they refuse to do so, then the Mayor may instruct that they be removed. If necessary, the Mayor may then contact the police department and have them removed by an officer.

4.9 Motions - A council member may make a motion at any time she/he deems appropriate during the meeting. The council member begins the motion with the phrase, "I move,". A motion may address an expenditure, an action item, or may move that the Mayor direct staff to perform a function or duty.

4.10 Executive Session - RCW 42.30.110 governs executive sessions. A motion to adjourn to executive session may be addressed at any time which is appropriate. The council member who moves to adjourn to executive session must state the type of business to be conducted in executive session.

Legitimate purposes for the session are as follows: (1) Real estate acquisition matters; (2) legal matters such as current or potential litigation or enforcement actions; (3) review of negotiations on a publicly bid contract when public knowledge regarding such a consideration would cause a likelihood of increased costs; (4) review of and evaluate qualifications for an applicant for public employment (however, wages and conditions of employment along with final action of hiring, and setting salary must be taken in open meeting); (5) evaluation of qualifications of candidates for elective office,(however, interviews of candidates and final appointment shall be made in open meeting), (6) review and evaluations of complaints or charges brought against and employee or public officer, along with review of the performance of an employee or public officer,(however, an officer or employee must be informed of the discussion, and upon their request, the person may be present during that portion of the session or the person may request that the discussion be had in open session), and (7)to discuss any matter which may affect national security.

Matters discussed within an executive session are not to be disclosed to anyone who was not included within the session except any council member who was not present at the time, or the Mayor. Minutes or notes taken during the executive session are to be treated confidentially. and are under the same restrictions as discussion and information divulged during the session.

4.11 Motions and Amendments to Motions - Any council member may make a motion. The motion must be seconded by another member of the council in order for the motion to be voted upon. A Simple majority of the council is required to pass a motion. The council may then have discussion on the moved item. A motion may then be amended by its original movant, or it may be withdrawn. Upon it being amended or withdrawn, the second needs also to be amended or withdrawn.

Once the motion is seconded, the Mayor should call for a vote.

4.12 Tie Vote - If the vote is tied, the Mayor shall take a roll call, calling each individual council member by name to record his/her vote. In the event of a tie vote, the Mayor may vote and break the tie.

4.13 Tabling a Matter - In the event that a matter is not resolved during a council meeting, any member of the council may suggest or move that the matter may be tabled until a subsequent meeting. At a subsequent time, in order to reconsider the matter, a council member must move to bring the matter "back to the table".

4.14 Adjournment - At the close of the business or any other time, any member of the council may move to adjourn the meeting. The Mayor may call for a vote on the motion. The motion is non-debatable, however, so it may not be argued or discussed. The Mayor shall then tap his gavel and the meeting is thereby dismissed.

5.1 Appearance of Fairness Doctrine - The doctrine of appearance of fairness shall be strictly and carefully applied to actions of the council. The doctrine has been codified in RCW 42.36, and is applied to determine whether or not a public official is acting within the scope of the doctrine.

5.2 Appearance of Fairness /Conflict of Interest, Procedure - If a council member or the Mayor feels that his/her presence or actions may be in violation of the appearance of fairness doctrine, or that he may have an interest in a council action which could be construed to be a conflict of interest, that person should excuse himself/herself from that portion of the meeting which is in question.

Prior to the meeting or hearing, if a council member or the Mayor feels she/he may have a conflict or appearance of fairness problem, that person should so inform the council. If a member of the council or Mayor feels that another may have a conflict or appearance of fairness problem, that person should be so informed and asked to step down from his/her seat at the council table. If after a ruling by the Mayor or upon advice of the city attorney or a request by the majority of the council, the person questions or refuses to step down, any comments by that person shall be censured and that person will not be allowed to vote.

Depending on the conflict or the matter for which there is an appearance of fairness problem, the member may be asked to leave the meeting during that portion of the meeting so -affected, or that person may be asked to step down from the table and is allowed to participate in the audience.

6.1 Requirements and Guidelines - These rules are intended as a summary of requirements under the Revised Code of Washington, as well as guidelines for procedures used by the council to conduct orderly and productive meetings. Any amendments to these rules shall be in written form and adopted by majority vote.

6.2 Waiver of these Rules - Except as to those rules codified in state law, these rules may be waived on a case by case basis upon a majority vote of the council.

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