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HomeMy WebLinkAboutReg 2025-07-21 Item 7A - City Council - Discussion on Council Position #6COUNCIL AGENDA SYNOPSIS ---------------------------------- Initials Meefinga Date Prepared by Mayor's review Council review 7/21/25 LH ITEM NO. W�� ITEM INFORMATION STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 7/21/25 AGENDA ITEM TITLE Discussion on City Council Position No. 6 CATEGORY ® Discussion ❑ Motion ❑ Resolution ❑ Ordinance ❑ Bid Award ❑ Public Hearing ❑ Other Mtg Date 7/21/25 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR ® Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ Pik SPONSOR'S This is an opportunity for the City Council to discuss Position No. 6 with the incumbent on SLTMNLARY a medical leave of absence. Staff recommends an appointment on a pro tem basis pursuant to RCW 35A.12.065 with an application and interview process similar to how recent vacancies were handled. REVIEWT-D BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE EXPENDITURE REQUIRED $1450/mo Fund Source: Comments: COST IMPACT / FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED I MTG. DATE I RECORD OF COUNCIL ACTION 7/21/25 IMTG.DATEI ATTACHMENTS 7/21/25 1 Informational memo dated July 10, 2025 155 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Laurel Humphrey, Legislative Analyst DATE: July 10, 2025 SUBJECT: Appointment of Councilmember Pro Tern for Position 6 Issue Councilmember McConnell serves in City Council Position 6 and has been on a medical leave of absence since the end of April with the City Council excusing her absences from Regular and Special meetings. RCW 42.12.010 describes when an elective office becomes vacant on the happening of various events, including but not limited to when the incumbent dies, resigns, is removed, no longer lives in the City, is convicted of a felony or offense involving a violation of the oath of office, refuses or neglects to take the oath of office or renew the official bond, or fails to deposit the oath or bond as prescribed by law, when a competent court declares the election or appointment void, or when a court determines that the incumbent breached a condition of the official bond. RCW 35A.12.060 also states that a Council seat will be vacant if the councilmember fails to attend three consecutive regular meetings without being excused by the council. Given that City Council Position 6 is not vacant, state law authorizes the City Council to appoint a Councilmember pro tem under these circumstances. Per RCW 35A.12.065, "In the event of the extended excused absence or disability of o councilmember, the remaining members by majority vote may appoint o councilmember pro tempore to serve during the absence ordisobility." While the City Council can continue to excuse Councilmember McConnell's absences, it is preferable to have an odd number of Councilmembers to avoid certain risks associated with quorum, deadlocks and ties, and it also provides staff and the community with clearer majority intent from the Council. Further, some actions of the Council require a supermajority, which is 5 votes in a 7-member council. A councilmember appointed on a pro tem basis would have the same responsibilities and voting rights as other councilmembers. The duration of a pro tem appointment lasts until the excused councilmember indicates their intent to return to City Council affairs or their term of office expires. Thus, if the absent councilmember were to resign from their seat, the pro tem appointment would lapse, and a new appointment for the now -vacant position would need to be made. 156 INFORMATIONAL MEMO Page 2 An individual appointed in a pro tem capacity must be a registered voter in the City of Tukwila, as well as a resident of Tukwila for at least one year prior to appointment. Process Neither state statute nor the City Council Rules of Procedure provide a framework for a process to appoint a Councilmember pro tem, so if the City Council wishes to pursue this type of appointment, it can decide its own process and its own qualifications beyond the residency and electoral status defined in state law. The Council could look to its recent experiences with filling Council vacancies, which includes an application and interview process as noted in the Rules of Procedure. Staff researched other cities that have done pro tem appointments recently (Tacoma, University Place, and Battle Ground) and found this is generally the process used. It is also within the City Council's authority to forego applications or interviews, or only require one or the other. The City Council should consider how best to recruit interested and qualified applicants and appoint an individual to serve as a Councilmember pro tem. Financial Impact There is a cost associated with the appointment of a Councilmember pro tem. Article XI, Section 8 of the Washington State Constitution states that a salary of a municipal officer shall not be "diminished after his election, or during his term of office," so a Councilmember whose seat is subject to a pro tem appointment will still receive the compensation set forth in the Municipal Code. Tukwila Municipal Code 2.05.010 sets forth the compensation for each Council position, which is $1,450 per month through 2026 for Position 6. Staff recommends applying the compensation rate to an individual serving in a pro tem capacity due to the level of time commitment required to serve as a City Councilmember. Conclusion Staff is seeking City Council direction on whether or not to pursue a pro tem appointment process, and if so, if an application and interview process is desired. Staff could return with draft materials for additional Council input at the July 28, 2025 Committee of the Whole. 157