HomeMy WebLinkAboutFIN 2021-02-22 Item 1A - City Council - Procedures Code Update
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance and Governance Committee
FROM: Laurel Humphrey, Legislative Analyst
DATE: February 16, 2021
SUBJECT: City Council Rules of Procedure Update
ISSUE
Introduction of project to update City Council Rules of Procedure
DISCUSSION
The City Council’s procedures for conduct of its business are largely included in TMC 2.04. This
Chapter hasn’t been updated since 2003 and contains some outdated sections, such as reference to
the old standing committees, that need to be addressed. This presents a good opportunity for a
thorough review to ensure practices and procedures are timely, modern, and reflect good
governance.
Staff proposes to amend the Tukwila Municipal Code 2.04 by removing much of the content and
reformatting it into a “Rules of Procedure” document to be adopted by Resolution, which is a more
appropriate and more flexible legislative action for Council procedures. TMC 2.04 is included as an
attachment to this memo so that the Finance & Governance Committee can familiarize itself with the
contents and provide feedback on any particular concerns or areas of interest.
Areas of focus for the update include:
Standing Committees
Holiday schedule
Meeting conduct
Public participation and comment
Agendas
Public records
Council vacancies
RECOMMENDATION
Discussion only. Staff will return to Committee with draft legislation.
ATTACHMENTS
Tukwila Municipal Code 2.04
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Sections:
2.04.010 Meetings Declared Open and Public
2.04.020 Regular Meetings
2.04.030 Committee of the Whole Meetings
2.04.040 Special Meetings
2.04.050 Quorum
2 04.060 Seating
2.04.070 Council President Mayor Pro Tempore
2 04.080 Presiding Officer
2.04.090 Agenda for Regular or Special Council Meetings
2.04.100 Agenda Format
2.04.110 Miscellaneous Agenda Procedures
2.04.120 Speaking Procedures
2.04.130 Voting
2.04.140 Executive Sessions
2.04.150 Continuances
2.04.160 Adjournment
2.04.170 Questions of Parliamentary Procedure
2.04.180 Council Committees and Representatives
2.04.190 Filling Council Vacancies
2.04.010 Meetings Declared Open and Public
All meetings of the Tukwila City Council and its committees
shall be open and public, and all persons shall be permitted to
attend any meeting of these bodies, except as otherwise
provided in TMC 2.04.140.
(Ord. 2024 §1 (part), 2003)
2.04.020 Regular Meetings
The City Council shall meet regularly on the first and third
Mondays of each month at 7:00PM, unless an alternative starting
time is set and notice is provided to the public pursuant to TMC
2.04.040. If at any time any Regular Meeting falls on a holiday,
the Council shall meet on the next business day at the same
hour. The City Council shall meet at Tukwila City Hall, unless
otherwise publicly announced.
(Ord. 2024 §1 (part), 2003)
2.04.030 Committee of the Whole Meetings
A. The Council shall sit as a Committee of the Whole on
the second and fourth Monday of each month at 7:00PM, unless
an alternate starting time is published; except, if at any time any
committee meeting falls on a holiday, the Council shall meet on
the next business day at the same hour. The City Council shall
meet at Tukwila City Hall, unless otherwise publicly announced.
B. Meetings of the Committee of the Whole shall be held
primarily for the purpose of considering current issues of the
City, coordinating the work of the City Council, and discussing
draft ordinances, resolutions and policy issues in detail. The
Committee of the Whole will have no power to take final actions,
including but not limited to adopting ordinances or passing
motions or resolutions.
C. The Committee of the Whole may meet in a retreat
setting to plan their work at the beginning of the year or at any
time beneficial to in-depth deliberations by the Council. Results
of the Committee of the Whole's retreats will be discussed with
the Mayor and administration in order to establish and
understand City goals. A report summarizing the proceedings
will be made available following each retreat. No official action
will be taken at a retreat.
(Ord. 2024 §1 (part), 2003)
2.04.040 Special Meetings
Special meetings may be called by the Mayor, or any three
Councilmembers, by written notice delivered by City
employee(s) to each member of the Council at least 24 hours
before the time specified for the proposed meeting and with
public notice made pursuant to RCW 42.30.080.
(Ord. 2024 §1 (part), 2003)
2.04.050 Quorum
At all meetings of the City Council, four members shall
constitute a quorum for the transaction of business.
(Ord. 2024 §1 (part), 2003)
2.04.060 Seating
A. Members of the City Council will be seated at the
Council table according to seniority of the Council, except that
the Council President will be seated at the right of the Mayor.
B. Seniority shall be determined by the:
1. Greatest consecutive number of years served.
2. Greatest consecutive number of years plus
months or years served prior to the current term(s).
3. Number of votes when elected.
(Ord. 2024 §1 (part), 2003)
2.04.070 Council President--Mayor Pro Tempore
A. At the first Regular Meeting in January of each
year, members of the City Council shall elect from their number
a Council President who shall hold office at the pleasure of the
Council. The general policy of the City Council is to elect
presidents in a rotating order, based upon seniority. If a vacancy
occurs in the office of Council President, the City Council, at
their next Regular Meeting, shall select a new Council President
to serve the remainder of the year.
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B. In the absence of the Mayor, the Council President
shall become the Mayor Pro Tempore and perform the duties of
the Mayor, except that the Council President shall not have the
power to appoint or remove any officer or to veto any ordinance.
If a vacancy occurs in the office of the Mayor, the City Council
at their next Regular Meeting shall elect from their number a
Mayor who shall serve until a Mayor is elected and certified at
the next municipal election.
(Ord. 2209 §1, 2009; Ord. 2024 §1 (part), 2003)
2.04.080 Presiding Officer
A. All Regular and Special Meetings of the City Council
shall be presided over by the Mayor or, in his/her absence, by
the Mayor Pro Tempore. If neither the Mayor nor the Mayor Pro
Tempore is present at a meeting, the presiding officer for that
meeting shall be elected by a majority of the vote of those
Councilmembers present, provided there is a quorum.
B. All Committee of the Whole meetings shall be presided
over by the Council President. If the Council President is
temporarily absent, the Council shall elect a Councilmember to
serve in that capacity until the Council President returns.
C. The City Clerk or his/her designee will staff Regular
and Special Council meetings and Committees of the Whole
meetings. In the absence of the Clerk, Deputy Clerk or other
qualified staff member appointed by the Clerk, the Mayor or
Council may appoint a staff person to act in that capacity.
D. The appointment of a Councilmember as Mayor Pro
Tempore shall not in any way abridge his/ her right to vote on
matters coming before the Council at such meeting.
E. The presiding officer shall preserve strict order and
decorum at all meetings of the Council. The presiding officer
shall state all questions coming before the Council, provide
opportunity for discussion on each item on the table, and an-
nounce the decision of the Council on all subjects. Procedural
decisions made by the presiding officer may be overruled by a
majority vote of the Council.
(Ord. 2024 §1 (part), 2003)
2.04.090 Agenda for Regular or Special Council
Meetings
All items to be included on the agenda for Council
consideration must be submitted to the City Clerk in full by
12:00PM noon on the Wednesday preceding each Council
meeting. The City Clerk shall then prepare a proposed agenda,
with attachments, according to the order of business. After the
proposed agenda has been approved by the Council President
or, in his/her absence, by his/her designated member of the City
Council, the City Clerk shall prepare the final agenda, which
shall be distributed to the Mayor, Councilmembers, City
Attorney and Department Heads no later than Noon on the
Friday preceding the Council Meeting. A copy of the agenda
and subsequent documents shall be posted on the lobby bulletin
board at City Hall. A copy of the Agenda face sheet will be
posted on the City's website.
(Ord. 2024 §1 (part), 2003)
2.04.100 Agenda Format
The format of a Regular or Special City Council agenda
shall be as follows:
1. Call to Order.
2. Pledge of Allegiance.
3. Roll Call.
4. Special Presentations on key agenda items .
5. Appointments and Proclamations of the Mayor.
6. Citizens' Comments. This is an opportunity for the
audience to comment on items not listed on the agenda.
7. Consent Agenda:
a. Contains all consent agenda items approved
by the Council President, from a Committee of the Whole, or
forwarded by unanimous committee action, and routine items
such as, but not limited to, approval of minutes and approval of
vouchers. No ordinances, resolutions or bid awards, will be
included on the consent agenda.
b. The following rules shall apply to the consent
agenda:
(1) Any member of the City Council may, by
request and without a Council vote, have any items removed
from the consent agenda. That item will, by automatic
procedure, be placed under New Business for further
discussion.
(2) The remaining items shall be approved
by motion.
8. Bid Awards. All competitive bid awards shall
comply with RCW Title 39, and those that require Council
approval shall include the contractor/vendor name, the project
name, and the total dollar amount of the award. The award may
or may not include Washington State Sales Tax.
9. Public Hearings:
a. For public hearings required by City, State or
Federal law or as the Council may direct. Examples may
include, but not be limited to:
(1) LID
(2) Zoning
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(3) Budget
(4) Revenue sharing grants
(5) Annexation
(6) Moratoria
(7) Quasi-judicial decisions
b. The following procedures shall apply to public
hearings, except public hearings subject to TMC Chapters
18.104 through 18.116, which shall be subject to the procedures
specified therein:
(1) The presiding officer may exercise a
change in the procedures, but said decision may be overruled
by a majority vote of the City Council.
(2) The proponent spokesman shall speak
first and be allowed 15 minutes. The Council may ask questions.
(3) The opponent spokesman shall be
allowed 15 minutes for presentation and the Council may ask
questions.
(4) Each side shall then be allowed 5
minutes for rebuttal.
(5) After the proponents and opponents
have used their speaking time, Council may ask further
questions of the speakers, who may respond.
c. At public hearings and for issues where a
public meeting is required or requested, and a general audience
is in attendance to present arguments for or against a public
issue:
(1) A signup sheet for speakers will be
available, and all citizens considering speaking will be asked to
write their name and address legibly. If they speak without
signing up, they will be asked to sign in after speaking.
(2) A person may speak for five minutes.
No one may speak for a second time until everyone wishing to
speak has had an opportunity to speak.
(3) After the speaker has used the allotted
time, Council may ask questions of the speaker and the speaker
may respond, but may not engage in further debate.
(4) Speakers should address their com-
ments to the City Council and should not address other
audience members. No disparaging remarks or remarks
directed to opponents will be allowed.
(5) The hearing will then be closed to public
participation by the presiding officer and open for
Councilmember discussion.
10. Unfinished Business. This section of the agenda
shall include items of a general nature, including resolutions and
ordinances previously discussed at a Council meeting. The
following procedures shall apply during this section of the
agenda:
a. The item will be put on the table by motion.
b. The committee chair, sponsor or a designated
spokesman of each item may give a presentation.
c. If a resolution or ordinance, the City Attorney
or City Administrator may read the item by title only or, if
requested by any Councilmember, the document may be read
in its entirety. A motion by Council shall rule.
d. The Council may then question the sponsor or
designated spokesman of the presented item.
e. When discussions conclude, the Council, by
motion, will act upon the resolution, ordinance or other item.
11. New Business. This section of the agenda shall
include all items of a general nature -- including resolutions and
ordinances previously discussed at a Committee Meeting and
put forward to the Regular Meeting -- and items that have been
removed from the consent agenda. The procedures that apply
during this section shall be the same as those under Unfinished
Business.
12. Reports. Reports on special interest items from
the Mayor, City Council, staff, City Attorney, and
intergovernmental representatives.
13. Miscellaneous.
14. Executive Session.
15. Adjournment.
(Ord. 2024 §1 (part), 2003)
2.04.110 Miscellaneous Agenda Procedures
A. The City Council desires to provide adequate time for
administration and staff analysis, fact finding and presentation.
1. Items to come before the City Council should first
be placed on the agenda of the appropriate committee for
discussion before they are placed on the agenda of a Regular
Council Meeting.
2. All items that are not routine in nature and
presented shall include a completed Council Agenda Synopsis
(CAS), a staff report, and Committee Minutes. The City Clerk or
a designated person shall be responsible for attaching a CAS
number, keeping the original CAS, and maintaining an index for
future reference.
B. The agenda and provision for the Committee of the
Whole shall be citizen comments, committee reports, discussion
of items referred from committees, items referred by three
Councilmembers, and items set by the Council President. The
agenda and any attachments will be approved by the Council
President or his/her designee, and shall be prepared by the City
Clerk for distribution to the Council by 12:00PM noon on Friday.
C. Items may be placed directly on the agenda of a
Regular Meeting when the items are approved by the Council
President, and:
1. The items are routine in nature, such as approval
of vouchers, proclamations, acknowledgement or receipt of
petitions or documents, or discussion of claims for damages.
2. An emergency condition exists that represents a
personnel hazard, impending deadline, or risk of immediate
financial loss. In such instances, the CAS summary or staff
memo should clearly define why the special procedure is
necessary.
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3. In the event the sponsor of any items to come
before the City Council feels it both appropriate and beneficial
to the City, that sponsor may bring such items directly to the
Regular Meeting with the concurrence of three
Councilmembers.
D. The Council President may affix an approximate time
limit for each agenda item at the time of approval of the agenda.
E. All proposed ordinances and resolutions shall be
reviewed by the City Attorney and bear the Attorney's
certification that they are in correct form before final passage.
All accompanying documents shall be available before
ordinances and resolutions can be passed.
F. Resolutions of the City Council shall be signed by the
Council President.
G. A joint resolution of the City Council and the Mayor may
be proposed when:
1. The subject of the resolution is of broad City
concern, and the subject contains Council policy and ad-
ministrative procedure; or
2. The subject of the resolution is of a ceremonial or
honorary nature.
H. Joint resolutions will be subject to the voting rules in
TMC 2.04.130 and will be signed by the Mayor and Council
President. The Council may provide for all Councilmembers to
sign the joint resolution enacted under TMC 2.04.110 G.
(Ord. 2024 §1 (part), 2003)
2.04.120 Speaking Procedures
A. Speaking procedure for agenda items under
consideration is as follows:
1. A Councilmember desiring to speak shall address
the chair and, upon recognition by the presiding officer, shall
confine him/herself to the question under debate. Recognition
of Councilmembers shall be by seniority.
2. Any member, while speaking, shall not be in-
terrupted unless it is to call him or her to order.
3. No Councilmember shall speak a second time on
the same motion before an opportunity has been given each
Councilmember to speak on that motion.
B. Addressing the Council for items under Council
discussion shall proceed as follows:
1. Any person, with the permission of the presiding
officer, may address the Council, but the presiding officer shall
be required to recognize speakers in the following order:
a. A person designated by the presiding officer to
introduce the subject under discussion.
b. Those whose request to be heard is contained
in the written agenda.
c. Those who have submitted their request to be
heard in writing or to the City Clerk before the meeting.
d. Those who ask recognition from the floor.
2. In addressing the Council, each person shall
advance to the podium and, after recognition, give name and
address, and -- unless further time is given by the presiding
officer -- shall limit his/her address to five minutes. All remarks
shall be made to the Council as a body and not to any individual
member or to the audience.
3. No person shall be permitted to enter into any
discussion from the floor without first being recognized by the
presiding officer.
4. Any person making personal, impertinent or slan-
derous remarks while addressing the Council shall be barred
from further audience participation by the presiding officer
unless permission to continue is granted by a majority vote of
the Council.
(Ord. 2024 §1 (part), 2003)
2.04.130 Voting
A. Silence of a Councilmember during a voice vote shall
be recorded as an affirmative vote except where such a
Councilmember abstains because of a stated conflict of interest.
Each member present must vote on all questions before the
Council and may abstain only by reason of conflict of interest.
B. A roll-call vote may be requested by the presiding
officer or any member of the Council. Voting normally shall be
by seniority; however, this procedure may be changed by the
presiding officer.
C. Confirmations of appointments by the Mayor, budget
transfers, personnel levels, and formal motions, resolutions,
ordinances and amendments thereto shall require the
affirmative votes of four Councilmembers.
(Ord. 2024 §1 (part), 2003)
2.04.140 Executive Sessions
The City Council may hold an Executive Session during a
Regular Meeting, Special Meeting or Committee of the Whole
meeting to consider certain matters as set forth in RCW
42.30.110.
(Ord. 2024 §1 (part), 2003)
2.04.150 Continuances
Any hearing being held or ordered to be held by the City
Council may be continued in the manner as set forth by RCW
42.30.100.
(Ord. 2024 §1 (part), 2003)
2.04.160 Adjournment
A. Any Committee of the Whole, Regular, adjourned
Regular, Special or adjourned Special Meeting may be
adjourned in the manner as set forth in RCW 42.30.090.
B. All meetings of the Council shall adjourn no later than
11:00PM. If the Council desires to extend the meeting, a motion
shall be required of a majority plus one vote of Councilmembers
present. Items not acted on by the 11:00PM deadline shall be
deferred to the next respective Council meeting as unfinished
business, unless Council, by a majority vote of members
present, determines otherwise.
(Ord. 2024 §1 (part), 2003)
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2.04.170 Questions of Parliamentary Procedure
Questions of parliamentary procedure not covered by TMC
Chapter 2.04 shall be governed by Robert's Rules of Order,
Newly Revised (latest edition).
(Ord. 2024 §1 (part), 2003)
2.04.180 Council Committees and Representatives
A. There are four standing committees of the Council
consisting of three members each. The Council President shall
appoint the membership of each committee and the committee
chair by the second Regular Meeting of each year. The chair
for each committee shall set the schedule of meetings and
cause them to be published. In the event a committee member
is unable to attend a meeting, that member may ask another
Councilmember to attend in his/her place.
B. The standing committees shall consider and may make
policy and legislative recommendations to the City Council on
items referred to the committee by the Council President, the
Council, administrative departments, boards or commissions. If
budgeted in an amount less than or equal to $25,000, a
committee can approve a bid or negotiation award by an
affirmative vote of three committee members. If a unanimous
committee vote is not obtained, the award will be referred to the
City Council for action. The standing committees, their scopes
of authority, and the supporting City departments are as follow:
1. Transportation Committee, which shall consider
matters related to transportation, transportation plans, traffic,
transit, streets, street lighting, signals, street LIDs, and rights-of-
way in coordination with the Public Works Department and
Department of Community Development.
2. Utilities Committee, which shall consider matters
related to water; sewer; electric power; natural gas; telephone;
cable television; telecommunications; solid waste reduction,
reuse and recycling; river basins; and levies, in coordination with
the Public Works Department.
3. Finance and Safety Committee, which shall
consider matters related to the general fiscal and financial
operations of the City; budget and financial reports; and policy
matters related to personnel including, but not limited to, the
salary grade schedule, position classifications and salary
changes in coordination with the Finance Department,
Administrative Services Department, and City Administrator.
They will consider library issues, tourism, administrative
matters, and information technology issues in conjunction with
the City Clerk, Library Advisory Board, Lodging Tax Advisory
Board, Chamber of Commerce, and Information Services. They
shall consider matters related to police and fire protection; the
municipal court; emergency services; and animal control in
coordination with the Police Department, Fire Department, Civil
Service Commission, Public Works Department, and
Community-Oriented Policing Board.
4. Community Affairs and Parks Committee, which
shall consider matters related to the planning of the physical,
economic, aesthetic, cultural and social development of the City;
and Comprehensive Plan, Zoning Code, Building Code, code
enforcement, Sign Code and annexation policies, in
coordination with the Department of Community Development,
Human Services, Planning Commission, Hearing Examiner,
Sister Cities Committee, Human Services Advisory Board, and
the Equity and Diversity Commission. They shall consider
matters relating to parks and park plans, recreation facilities and
community activities, in coordination with the Parks and
Recreation Department, the Arts Commission, and Park
Commission.
B. The Council President may establish such ad hoc
committees as may be appropriate to consider special matters
that do not readily fit the standing committee structure or that
require special approach or emphasis. The Council President
shall appoint Council representatives to intergovernmental
councils, boards and committees as needed.
C. Council committees shall consider all matters referred.
Each committee chair shall report to the Council the findings of
the committee. Committees may refer items to the Council with
no committee recommendation.
D. Each committee chair may review and approve his/her
committee agenda and will approve committee minutes before
distribution. The committee chair can authorize the cancellation
of a committee meeting. An affirmative vote of three members
of Finance and Safety Committee is required when the
committee approves unbudgeted items.
(Ord. 2024 §1 (part), 2003)
2.04.190 Filling Council Vacancies
If a vacancy occurs in the office of Councilmember, the
Council will follow the procedures outlined in RCW 35A.12.050.
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, the procedure
and any application form for applying. The Council will draw up
an application form, which contains relevant information to
answer set questions posed by the Council. The application
forms will be used in conjunction with an interview of each
candidate to aid the Council selection of the new
Councilmember.
(Ord. 2024 §1 (part), 2003)
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