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HomeMy WebLinkAboutCOW 2021-04-26 Item 4B - Ordinance/Resolution - City Council Procedures Update: Reenact TMC Chapter 2.04 "City Council" / Rules of ProcedureCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 4/26/21 LH 5/3/21 LH ITEM INFORMATION ITEM No. 4.B. STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 4/26/21 AGENDA ITEM TITLE Legislation to update and adopt Rules of Procedure of the City Council CATEGORY ® Discussion Mtg Date 4/26/21 Motion Mtg Date Resolution Mtg Date 5/3/21 ® Ordinance Mtg Date 5/3/21 Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date SPONSOR ® Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&°R ❑ Police ❑ PIG SPONSOR'S SUMMARY The City Council's procedures are largely included in TMC 2.04 and are in need of an update to modernize and reflect current and best practices. The Council is asked to consider an ordinance to remove much of the content from TMC 2.04 and a resolution that would adopt a comprehensive update and a new Rules of Procedure document, along with establishing an expectation for regular review in the future. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: 4/12/21 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: IDAN RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/26/21 5/3/21 MTG. DATE ATTACHMENTS 4/26/21 Informational Memo dated 4/6/21 Draft Ordinance Draft Resolution Draft Rules of Procedure (updated after 4/12 Finance Committee) Table explaining Proposed Rules (updated after 4/12 Finance Committee) TMC 2.04 Minutes from the Finance & Governance Committee meeting of 4/12/21 9 10 W i City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Governance Committee FROM: Laurel Humphrey, Legislative Analyst DATE: April 6, 2021 SUBJECT: City Council Rules of Procedure Update ISSUE Legislation to adopt new Rules of Procedure of the Tukwila City Council 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hasn't been updated since 2003 and contains many sections that are confusing and poorly written, or that describe outdated practices that must be addressed. As previously discussed with the Committee, staff has prepared an ordinance to re-enact Tukwila Municipal Code 2.04 by removing much of the current content yet retaining key elements. Staff has also prepared a draft Rules of Procedure document as well as a resolution that would adopt the new Rules. A Rules of Procedure adopted by resolution is in alignment with many other jurisdictions and considered a best practice as recommended by City Attorneys as well as by Ann Macfarlane at a previous City Council Retreat. Adopting the Rules by resolution as well as establishing an expectation for regular review will pave the way to make future updates simpler to accomplish. The proposed Rules of Procedure is organized until the following main sections: I. City Council Powers and Duties II. City Council Meetings III. Legislative Process IV. Meeting Conduct V. Public Participation VI. City Council Committees VII. Council Vacancies VIII. Public Records Compliance Staff believes this establishes a good framework for this document, and these sections can be expanded or added to in future updates. The City Attorney and City Clerk's Office both provided thorough review and comment on the legislative package before the Council. Attached to this memo is a table that explains the proposed Rules in greater detail, identifying which language is new and which is currently in the TMC and can be retained or should be updated as shown. RECOMMENDATION Staff is seeking a Committee recommendation on the proposed legislation to forward to the Committee of the Whole on April 26, 2021. ATTACHMENTS Draft Ordinance Draft Resolution Draft Rules of Procedure Table explaining proposed Rules TMC 2.04 11 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2024 AND 2209; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 2.04, "CITY COUNCIL"; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, written procedures of the City Council help to guide and facilitate the business of the City Council, as well as provide the public with an understanding of the Council's functions; and WHEREAS, periodic review of the Council's internal management and procedures is appropriate to ensure consistency with current statutes and best governmental practices; and WHEREAS, the City Council's procedures for the conduct of meetings and other required functions are more appropriately formalized in the form of a City Council resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2024 and 2209 are hereby repealed. Section 2. TMC Chapter 2.04 Reenacted. Tukwila Municipal Code (TMC) Chapter 2.04 is hereby reenacted to read as follows: Sections: 2.04.010 2.04.020 2.04.030 CHAPTER 2.04 CITY COUNCIL Composition; Duties Meetings Declared Open and Public Rules of Procedure of the City Council CC: Legislative Development\Ordinances\City Council—TMC Ch 2.04 3-17-21 LH:bjs Review and analysis by Barbara Saxton Page 1 of 3 13 Section 3. TMC Section 2.04.010 is hereby reenacted to read as follows: 2.04.010 Composition; Duties A. The City of Tukwila is a non -charter code city under the laws and statutes of the State of Washington, and its City Council shall consist of seven members who shall be elected at large and serve for four-year terms. B. The duties of Councilmembers shall be those prescribed in RCW 35A.11.020 and as otherwise provided by law. Section 4. TMC Section 2.04.020 is hereby reenacted to read as follows: 2.04.020 Meetings Declared Open and Public A. 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 the Washington State Open Public Meetings Act. B. Notice of meetings shall be provided in accordance with the requirements of Chapter 42.30 RCW, the Washington State Open Public Meetings Act. The City Clerk or designee shall prepare meeting minutes containing an account of all official actions of the City Council. C. Emergency meetings may be called by the Mayor or Council President when by reason of fire, flood, earthquake, or other emergency there is a need for expedited action by the City Council to meet the emergency, in which case, the meeting site notice requirements otherwise applicable shall not apply. D. 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. Section 5. TMC Section 2.04.030 is hereby reenacted to read as follows: 2.04.030 Rules of Procedure of the City Council The Rules of Procedure of the City Council of the City of Tukwila, Washington, shall be adopted by resolution as approved by a majority vote of the City Council and periodically reviewed for consistency with applicable statutes and best governmental practices. CC: Legislative Development\Ordinances\City Council—TMC Ch 2.04 3-17-21 LH:bjs Review and analysis by Barbara Saxton 14 Page 2 of 3 Section 6. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 8. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: CC: Legislative Development\Ordinances\City Council—TMC Ch 2.04 3-17-21 LH:bjs Review and analysis by Barbara Saxton Page 3 of 3 15 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING RULES OF PROCEDURE OF THE CITY COUNCIL. WHEREAS, RCW 35A.11.020 gives the City Council of each code city the power to organize and regulate its internal operations within the provisions of Title 35A RCW; and WHEREAS, the City Council is committed to the highest standard of governance; and WHEREAS, written rules and procedures of the City Council help to clarify and facilitate the business of the City Council, as well as provide the public with an understanding of the Council's functions; and WHEREAS, the City Council's meeting procedures have not been updated since 2003; and WHEREAS, the City Council seeks to update its meeting and other business procedures to align with the current environment and modern best practices; and WHEREAS, the City Council intends to periodically review and modify its Rules of Procedure to ensure consistency with emerging realities, practices, trends, and laws; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Rules of Procedure of the City Council, attached hereto as Exhibit A, is adopted. Section 2. The Rules of Procedure shall be reviewed on at least a biennial basis and updated as necessary. CC:\Legislative Development\City Council—Rules of Procedure 3-17-21 LH:bjs Review and analysis by Barbara Saxton Page 1 of 2 17 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kate Kruller, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney Attachment: Exhibit A, Rules of Procedure of the Tukwila City Council (dated 4-5-21) CC:\Legislative Development\City Council—Rules of Procedure 3-17-21 LH:bjs Review and analysis by Barbara Saxton Page 2 of 2 18 Text shown in strike-through/underline format reflects changes made after the Finance and Governance Committee meeting on 4/12/21. Rules of Procedure of the Tukwila City Council Introduction The Rules of Procedure set forth herein are adopted for the sole benefit of the members of the City Council to assist in the orderly conduct of Council business. These Rules of Procedure do not grant rights or privileges to members of the public or third parties. Failure of the City Council to adhere to these rules shall not result in any liability to the City, its officers, agents, and employees, nor shall failure to adhere to these rules result in invalidation of any Council act. I. City Council Powers and Duties A. City Council Authority 1. As the legislative branch of city government, the City Council establishes policy for the City of Tukwila is responsible for passing laws, setting the municipal budget, establishing policy, and other responsibilities defined by state law. 2. Decisions are made as a collective body and no individual member has any extraordinary powers beyond those of other members, except as described in Section I.B. 3. Members of the Council shall refrain from becoming directly involved in the administrative affairs of the City, including intervening in staff decision- making, scheduling or directing work, and executing priorities without the prior knowledge and approval of the City Council as a whole. 4. The City Council has no policy direction over judicial matters and members may not interfere with judicial processes or decisions. B. Council President — Mayor Pro Tempore 1. 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 practice is to elect presidents in a rotating order by seniority, which is determined by the: a. Greatest consecutive number of years served; b. Greatest consecutive number of years plus months or years served prior to the current term(s); c. Number of votes when elected. 1 /1/5/214/19/21 19 2. If the Councilmember who is next in line is unable to serve as Council President, he or she will notify the City Council in writing by the last Regular Meeting of the previous year. If this opt -out request is approved by the City Council, service will fall to the next Councilmember in the order of seniority. The Councilmember whose opt -out was accepted by the City Council will remain at the top of the rotation with the opportunity to serve as Council President the following year. 3. 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. 4. 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. 5. 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. II. City Council Meetings A. Regular Meetings 1. The City Council shall meet regularly on the first and third Mondays of each month, except those designated as City holidays, at 7:00 p.m. unless an alternative starting time is set and notice is provided to the public. 2. Regular Meetings will be held at Tukwila City Hall, 6200 Southcenter Boulevard, unless otherwise publicly announced. 3. During Regular Meetings the City Council may take formal actions including, but not limited to, adopting ordinances or passing motions or resolutions. B. Committee of the Whole Meetings 1. The City Council shall meet as a Committee of the Whole on the second and fourth Mondays of each month, except those designated as City holidays, at 7:00 p.m. unless an alternate starting time is set and notice is provided to the public. 2. The Committee of the Whole shall meet at Tukwila City Hall, 6200 Southcenter Boulevard, unless otherwise publicly announced. 3. Meetings of the Committee of the Whole shall be held primarily to discuss policy matters 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. 2 4/5/21 4/19/21 20 C. Special Meetings Special meetings may be called by the Mayor, Council President, or any three Councilmembers by delivering written notice personally, by mail, by fax, or by electronic mail 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. D. Executive Sessions 1. The City Council may hold an Executive Session during a Regular Meeting, Special Meeting, or Committee of the Whole to privately consider certain matters of confidential concern as set forth in RCW 42.30.110. 2. Before convening an Executive Session, the Presiding Officer must publicly announce the purpose and the time upon which the Executive Session will be concluded. An Executive Session may be extended to a later time by public announcement by the Presiding Officer. 23. Councilmembers must keep confidential all written materials and verbal information provided during Executive Sessions. Retreats and Work Sessions 1. The full Council may meet periodically in a retreat or work session setting as deemed appropriate by the Council President or a quorum of the Council. 2. No final action will be taken at a retreat or work session. 3. Retreat and work session meetings are open to the public and subject to the requirements of RCW 42.30. F. Attendance 1. Councilmembers are expected to maintain reliable attendance at all types of meetings described above. 2. Pursuant to RCW 35A.12.060, a City Council position shall be forfeited if the Councilmember fails to attend three consecutive Regular Meetings without being excused by the Council. 3. A Councilmember wishing to be excused from a Regular Meeting will provide advance notice in writing to the Council President and Legislative Analyst, who will in turn notify the other members of the City Council in advance of the meeting. G. Remote Meetings 1. In the event of an emergency as declared by the City, State and/or Federal government, the City Council may arrange for electronic participation at a Regular Meeting, Committee of the Whole, Special Meeting, Executive Session, Retreat, standing committee meeting, or work session. 3 /1/5/214/19/21 21 1 22 2. During a remote meeting, Councilmembers may attend by phone or other electronic means that allow all participants to hear one another. 3. Remote meetings are open to the public and arrangements must be conducted such that the public can hear the meeting while it is occurring, subject to the requirements of RCW 42.30. Ill. Legislative Process A. City Council Business 1. Matters to be considered by the Council shall be placed on a standing committee, Committee of the Whole, or Regular Meeting agenda and include items required by law to be presented to Council, items requested by a majority of the Council, staff -initiated items in accordance with the City's strategic priorities and work plan, and items referred from previous meetings. 2. In general, items legislative actions to come before the City Council for a decision should appear first before a standing committee, then the Committee of the Whole, then a Regular Meeting. Informational items not requiring a decision may be scheduled with more flexibility as the situation requires. 3. Items may be placed directly on the agenda of a Committee of the Whole or a Regular Meeting when the items are approved by the Council President, and the items are routine or in the event of an emergency. B. Legislative Actions 1. Ordinances are legislative items used to regulate matters of local concern, such as land use, animal control, local law enforcement and health and safety issues. Ordinances must comply with the terms of the U.S. and Washington State constitutions and the general laws of the City and State. Many ordinances are classified as "codifiable," meaning the ordinance will be incorporated into the Tukwila Municipal Code, which makes the laws of the City easily accessible by subject matter. Examples of non-codifiable ordinances include the annual property tax levy and adoption of the budget. Public emergency ordinances may take effect immediately upon final passage if passed by an affirmative vote of 5 Councilmembers. 2. Resolutions are legislative items that are advisory or policy -oriented in nature. Resolutions may be used to offer support for ballot measures, set hearing dates for a street vacation or update fee schedules. Resolutions are not a part of the Tukwila Municipal Code. Resolutions are signed by the Council President but are sometimes signed jointly with the Mayor, or prepared for signature by all Councilmembers, particularly when ceremonial or honorary in nature. 4 4/5/21 4/19/21 3. Motions are generally short statements adopted by the Council to direct that a specific course of action be taken on behalf of the City. 4. 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. C. Meeting Agendas 1. The City Clerk shall be responsible for preparing agendas for Regular, Special, and Committee of the Whole meetings, and presented to the Council President or designee for approval. After the proposed agenda has been approved, the City Clerk shall publish the final agenda in accordance with the provisions of RCW 42.30. 2. The order of a Regular Meeting agenda shall be: a. Call to Order b. Pledge of Allegiance c. Roll Call d. Land Acknowledgement e. Public Comments — including comment on items both on and not on the meeting agenda. f. Appointments and Proclamations g. Presentations — Items pertinent to the City but not relating to other agenda business, including honoring of guests, special awards, or speakers external to the City. h. Consent Agenda — Items that are routine or non -controversial in nature approved for inclusion by the Council President, Committee of the Whole, or forwarded by unanimous Committee action. Any Councilmember may request to remove an item from the Consent Agenda and place under New Business for further discussion. i. Public Hearings — May be required by City, State, or Federal law or directed by the Council. Examples include but are not limited to Local Improvement Districts, zoning changes, biennial budget, annexation, moratoria, and quasi-judicial decisions. Unfinished Business — Items of a general nature, including resolutions and ordinances previously before a standing committee, the Committee of the Whole or full Council. k. New Business — Items of a general nature, including resolutions and ordinances not previously before a standing committee, the Committee of the Whole or full Council I. Reports — Brief summaries of significant City -related activities from the Mayor, City Council, and City Administrator. J. 5 /1/5/214/19/21 23 m. Miscellaneous — Significant City -related items that may need further Council discussion, action, or City Administration follow-up. n. Executive Session o. Adjournment 3. The order of a Committee of a Whole meeting agenda shall be: a. Call to Order b. Pledge of Allegiance c. Land Acknowledgment d. Public Comments — including comment on items both on and not on the meeting agenda. e. Presentations f. Public Hearings g. Special Issues — Items referred from Council committees, referred at a previous Council meeting, or approved for discussion by the Council President. h. Reports i. Miscellaneous j. Executive Session k. Adjournment or Adjournment to a Special Meeting 4. The order of a Special Meeting agenda follows the same order of Regular Meetings based on what items need to be addressed. The City Council may not take action on anything not listed on a Special Meeting agenda. IV. Meeting Conduct A. Presiding Officer 1. All Regular and Special Meetings of the City Council shall be presided over by the Mayor or, in the Mayor's absence, by the Mayor Pro Tempore. 2. If neither the Mayor nor the Mayor Pro Tempore is present at a Regular or Special Meeting, the presiding officer for that meeting shall be appointed by a majority vote of those Councilmembers present, provided there is a quorum, and the appointment of a Councilmember as Mayor Pro Tempore shall not abridge their right to vote on matters before the Council. 3. 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. 6 4/5/21 4/19/21 24 4. The presiding officer shall preserve strict order and decorum, state all questions coming before the Council, provide opportunity for discussion on each item on the table, and announce 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. B. Parliamentary Procedure Questions of parliamentary procedure not covered by these Rules of Procedure shall be governed by Robert's Rules of Order, Newly Revised (latest edition). C. Quorum 1. At all meetings of the City Council, four members shall constitute a quorum for the transaction of business. 2. 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. D. Seating Members of the City Council will be seated at the Council dais in order of seniority, except that the Council President will be seated in the center during Committee of the Whole Meetings and at the right of the Mayor during Regular and Special Meetings. E. General Meeting Decorum 1. While the City Council is in session, the members must preserve order and decorum and a member shall neither delay nor interrupt the proceedings or the peace of the Council, nor disrupt any member while speaking. 2. Meeting participants should focus on the meeting agenda and confine remarks to the question or matter under discussion. 3. A Councilmember desiring to speak shall address the presiding officer and when recognized shall confine their remarks to the question under debate. Councilmembers will be recognized in the order in which they request the floor or, if that is difficult to determine, by seating position. 4. Councilmembers shall not be interrupted unless it is to be called to order. 5. No Councilmember shall speak a second time on the same item until each Councilmember has been given an opportunity to speak. F. Motions, Debate, and Voting 1. Prior to discussion of an action item, a Councilmember must make a motion, which must be seconded by another Councilmember, to place it on the table, except those motions described in 2 below, which do not require a second. I 7 X1/5/214/19/21 25 2. Motions are generally made by a Committee Chair and seconded by a Committee member for those action items previously discussed in standing committees. 23. Motions not requiring a second include nominations, withdrawal of a motion, request for a roll call vote, and point of order. After a motion has been made and seconded (if required), Councilmembers may discuss their opinions on the issue prior to the vote, including why they will vote for or against the motion. Councilmembers may request a presentation or ask clarifying questions of staff prior to beginning debate. If a resolution or ordinance, the City Clerk may read the item by title only or, if requested by any Councilmember, the document may be read in its entirety. A motion may be withdrawn by the maker of the motion at any time, without the need for a "second" per item 2 above. . A motion to amend is defined as amending a motion that is on the floor and has been seconded, by inserting or adding, striking out, striking out and inserting, or substituting. L A motion to call for the question shall close debate on the main motion and is nondebatable. This motion requires a second and fails without a two-thirds majority. Debate is reopened if the motion fails. g10. Motions shall be entertained in the order of precedence outlined in the current edition of Robert's Rules of Order Newly Revised (latest edition). 4-011. The Regular or Special Meeting Consent Agenda is adopted by a single motion. 112. When the discussion is concluded, the presiding officer shall repeat the motion prior to voting. 1-213. Unless otherwise provided for by statute, ordinance, or resolution, votes will be taken by voice, unless a roll call vote is requested by the Presiding Officer or any Councilmember. 1314. Each member present must vote on all questions before the Council and may abstain only by reason of conflict of interest. 1-415. 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. 1-516. No vote may be cast by proxy. 8 4/5/21 4/19/21 26 1 1 1617. The City Council votes on the motion as restated. If the vote is unanimous, the presiding officer shall state that the motion has been passed unanimously by the number of Councilmembers present, such as "7-0." If the vote is not unanimous, the presiding officer shall state the number of Councilmembers voting in the affirmative and the number voting opposed and whether the motion has passed or failed. 4718. In case of a tie vote on any motion, the motion fails. 1-819. In cases where there seems to be no opposition, or on questions of little importance, the presiding officer may seek approval by unanimous consent. 1-920. When the Council concurs with an item that does not require a formal motion, the presiding officer will summarize the Council's consensus at the conclusion of the discussion. G. Reconsidering a Vote After the question has been decided, any Councilmember who voted in the majority may move for reconsideration of the motion. The motion being reconsidered must be made at the same or next Regular Meeting. H. Questions of Order All questions of order shall be decided by the presiding officer with the right of appeal to the majority of Councilmembers present. I. Adjournments 1. All meetings of the Council shall adjourn no later than 1014:00 p.m. 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 11:00 p.m. deadline shall be deferred to the next respective Council meeting as Unfinished Business, unless Council, by a majority vote of members present, determines otherwise. 2. 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. V. Public Participation A. Public Hearings: The following procedures shall apply to public hearings, except public hearings subject to Tukwila Municipal Code Chapters 18.104 through 18.116, which shall be subject to the procedures specified therein. 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. The proponent shall speak first and is allowed 15 minutes to make a presentation. The Council may ask questions. I 9 X1/5/214/19/21 27 3. The opponent is allowed 15 minutes to make a presentation. The Council may ask questions. 4. Each side is then allowed 5 minutes for rebuttal. 5. After the proponents and opponents have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 1-911.Once the presiding officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 1-1-12.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. B. Public Comment 1. Time is set aside at each Committee of the Whole and Regular Meeting for members of the public to address the Council about items both included and not included on the agenda. 2. Public comment is to allow members of the community to provide input to the City Council and should not interfere with the ability of the City Council to conduct its business. 3. Speakers are asked to sign in on forms provided by the City Clerk. 4. Speakers must wait to be recognized by the presiding officer. 5. Speakers should first state their name for the record. 6. Speakers should limit their remarks to 5 minutes or less, unless granted additional time by the presiding officer or majority of the Council. 7. All remarks should be addressed to the Council as a whole and not to individual Councilmembers, City staff, or members of the audience. 8. No speaker may donate speaking time to another individual. 9. If a large number of people wish to speak to a particular issue, the Council may limit the total amount of comment time dedicated to that issue. 10. Comments should not be taken on items subject to quasi-judicial consideration unless it is during a specified public hearing. 10 /1/5/21 4/19/21 28 11. Written comments may be submitted to the City Clerk or designee for distribution to the City Council. If seven copies are not provided by the submitter, copies will be distributed by the next day. 12. The Council has the right to invite anyone to speak at times other than the public comment period, which is done by unanimous consent or majority vote. 13. Councilmembers should refrain from engaging in dialogue with commenters. C. Disruptions 1. Disruptions of a Council meeting are prohibited and include but are not limited to the following: a. Failure of a speaker to comply with the allotted public comment time. b. Outbursts from members of the public who have not been recognized by the presiding officer. c. Interfering with other individuals desiring to provide public comment. d. Behavior that intentionally disrupts or impedes attendance or participation at a meeting. 2. If an individual is disruptive, the presiding officer may terminate that individual's comment period, request assistance to direct an individual to their seat or, in extreme cases, request assistance in removing the individual from the meeting room. 3. If a meeting has become disrupted to the point of a failure of resuming business, the presiding officer should call for a motion to recess. 4. If order cannot be restored, the City Council may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the members pursuant to RCW 42.30.050. VI. City Council Committees A. Standing Committees 1. The City Council may choose to implement a framework of four standing committees, comprising three Councilmembers each, to aid in the transaction of its business. 2. The standing committee titles, scopes of authority, and schedule will be adopted by resolution in January of each year. 3. The scopes of the standing committees will be balanced in accordance with the City's workload as established by the biennial budget. 4. The Council President shall appoint the chair and membership of each Committee by the second Regular Meeting of each year. 11 /1/5/214/19/21 29 5. The standing committees shall consider and make policy recommendations to the City Council as a whole. Committees may at times refer items to the full Council with no recommendation. 6. Each Committee Chair shall report to the Council the findings of the committee. 7. Each Committee Chair may review and approve the Committee agenda and will approve Committee minutes before distribution. The Committee Chair can authorize the cancellation of a Committee meeting. 8. In the event a Committee member is unable to attend a meeting, another Councilmember may attend in the absent member's place. If no replacement can be found, the meeting may still take place with two members. B. Ad Hoc Committees The City Council 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 a special approach or emphasis. VII. Council Vacancies A. Vacancy A Council position becomes vacant upon the resignation, recall, forfeiture of position, or death of a Councilmember. The remaining members of the governing body shall appoint a qualified person to fill the vacant position. B. Resignation 1. A written resignation including an effective date must be submitted to the City Council in writing. 2. The City Council accepts a resignation by a motion and vote. C. Appointment If a vacancy occurs in the office of Councilmember, the Council will follow the procedures outlined in RCW 35A.12.050. 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 application forms will be used in conjunction with an interview of each candidate to aid the Council selection of the new Councilmember. 12 /1/5/21 4/19/21 30 VIII. Public Records Compliance A. Compliance 1. Each Councilmember is responsible for complying with laws that govern public records. 2. Paper and electronic records that relate to the functional responsibility of the recipient or sender as a public official constitute a public record, which is subject to public inspection in accordance with RCW 42.56. 3. Councilmembers should send and receive messages related to City business through the City's email system 4. Emails and/or text messages transmitted through personal accounts and devices are public records and must be retained accordingly. 5. Councilmembers shall not communicate in any electronic format with another Councilmember during a Council meeting. 6. Social media posts are a public record. Wherever possible, posting should contain links directing users back to the City's official website for in-depth information, forms, documents, or online services necessary to conduct official City business. 7. Public records created or received by a Councilmember will be transferred to the Legislative Analyst for retention by the City in accordance with retention requirements under state law. 8. Public records that are duplicates of those in the possession of City staff, such as meeting agendas, are not required to be retained. I 13 X1/5/214/19/21 31 32 Attachment 1 Number Rule Description 4/12 F&G Committee Recommendation I. City Council Powers and Duties A. City Council Authority 1(A) 1. As the legislative branch of city government, the City Council is responsible for passing laws, setting the New Expand Council description to include budget setting. municipal budget, establishing policy, and other responsibilities defined by state law. establishes policy for the City of Tukwila. 2. Decisions are made as a collective body and no individual member has any extraordinary powers beyond those of other members, except as described in Section I.B. 3. Members of the Council shall refrain from becoming directly involved in the administrative affairs of the City, including intervening in staff decision-making, scheduling or directing work, and executing priorities without the prior knowledge and approval of the City Council as a whole. 4. The City Council has no policy direction over judicial matters and members may not interfere with judicial processes or decisions. B. Council President — Mayor Pro Tempore I(B)1 Council President — Mayor Pro Tempore 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 practice policy of the City Council- ouncilIs TMC 2.04.060 and 2.04.070 Isto elect presidents in a rotating order by seniority, which is determined by the: based upon seniority. a. Greatest consecutive number of years served; b. Greatest consecutive number of years plus months or years served prior to the current term(s); c. Number of votes when elected. I(B)2 If the Councilmember who is next in line is unable to serve as Council President, he or she will notify the City Council in writing by the last Regular Meeting of the previous year. If this opt -out request is approved by the City Council, service will fall to the next Councilmember in the order of seniority. The Councilmember whose opt -out was accepted by the City Council will remain at the top of the rotation with the opportunity to serve as Council President the following year. Existing Policy CC 03, condensed for brevity. I(B)3 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. TMC 2.040.070(B) I(B)4 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. TMC 2.040.070(A) I(B)5 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. TMC 2.04.070(B) II. City Council Meetings A. Regular Meetings II(A)1 The City Council shall meet regularly on the first and third Mondays of each month, except those designated as City TMC 2.04.020 updated to address holidays holidays, at 7:00 p.m. 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. II(A)2 Regular Meetings will be held at Tukwila City Hall, 6200 Southcenter Boulevard, unless otherwise publicly TMC 2.04.020 announced. The City Council shall meet at Tukwila City Hall, unless otherwise publicly announced. II(A)3 During Regular Meetings the City Council may take formal actions including, but not limited to, adopting ordinances or passing motions or resolutions. New B. Committee of the Whole Meetings II(B)1 The Council shall sit as a Committee of the Whole on the second and fourth Monday of each month, except those TMC 2.04.030 updated to address holidays designated as City holidays, at 7:00 pm., unless an alternate starting time is set and notice is provided to the public. except if at any time any committee meeting falls on a holiday, the Council shall meet on the next published; business day at the same hour. II(B)2 The Committee of the Whole shall meet at Tukwila City Hall, 6200 Southcenter Boulevard, unless otherwise publicly TMC 2.04.030 announced. The City Council shall meet at Tukwila City Hall, unless otherwise publicly announced. II(B)3 Meetings of the Committee of the Whole shall be held primarily to discuss policy matters in detail. for the purpose TMC 2.04.030(C) updated to simplify description. - - • - • - - - • •- - _ _ - _ _ , _ _ . . .. _ _ _ . , . _ _ - _ . _ _ . , resolutions and issues in detail. The Committee of the Whole will have no to take final actions, policy power including but not limited to adopting ordinance or passing motions or resolutions. C. Special Meetings II(C) Special Meetings may be called by the Mayor, Council President, or any three Councilmembers by delivering written TMC 2.04.040 updated to match state law. notice personally, by mail, by fax, or by electronic mail 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. D. Executive Sessions II(D)1 The City Council may hold an Executive Session during a Regular Meeting, Special Meeting or Committee of the Whole Meeting to privately consider certain matters of confidential concern as set forth in RCW 42.30.110. TMC 2.04.140 Further explain Executive Sessions II(D)2 Before convening an Executive Session, the Presiding Officer must publicly announce the purpose and the New time upon which the Executive Session will be concluded. An Executive Session may be extended to a later time by public announcement by the Presiding Officer. II(D)3 Councilmembers must keep confidential all written materials and verbal information provided during Executive Sessions. New & Retreats and Work Sessions II(E) 1. The full Council may meet periodically in a retreat or work session setting as deemed appropriate by the Council TMC 2.04.030(C) updated to match current practices. President or a quorum of the Council. 2. No final action will be taken at a retreat or work session. 3. Retreat and work session meetings are open to the public and subject to the requirements of RCW 42.30. The Committee of the Whole may meet in a retreat setting to their work at the beginning of the or at any plan year discussed with the Mayor and administration in order to establish and City A report summarizing understand goals. the be following No be taken proceedings will made available ach retreaat. official action will at a retreat. F. Attendance II(F) 1. Councilmembers are expected to maintain reliable attendance at all types of meetings described above. 2. Pursuant to RCW 35A.12.060, a City Council position shall be forfeited if the Councilmember fails to attend three consecutive Regular Meetings without being excused by the Council. 3. A Councilmember wishing to be excused from a Regular Meeting will provide advance notice in writing to the Council President and Legislative Analyst, who will in turn notify the other members of the City Council in advance of the meeting. New G. Remote Meetings II(G) 1. In the event of an emergency as declared by the City, State and/or Federal government, the City Council may arrange for electronic participation at a Regular Meeting, Committee of the Whole, Special Meeting, Executive Session, Retreat, standing committee meeting, or work session. 2. During a remote meeting, Councilmembers may attend by phone or other electronic means that allow all participants to hear one another. New 3. Remote meetings are open to the public and arrangements must be conducted such that the public can hear the meeting while it is occurring, subject to the requirements of RCW 42.30. III. Legislative Process A. City Council Business III(A)1 Matters to be considered by the Council shall be placed on a standing committee, Committee of the Whole, or Regular Meeting agenda and include items required by law to be presented to Council, items requested by a majority of the Council, staff -initiated items in accordance with the City's strategic priorities and work plan, and items referred from previous meetings. New III(A)2 The City Council desires to adequate time for administration and staff analysis, fact finding and TMC 2.04.110(A)(1) updated to match current practice Replace "items" with "legislative actions" to be more specific. provide 1. Items to before the City Council first be the the presentation. come should placed on agenda of appropriate for discussion before they the Regular Council Meeting. committee arc placed on agenda of a In general, items legislative actions to come before the City Council for a decision should appear first before a standing committee, then the Committee of the Whole, then a Regular Meeting. Informational items not requiring a decision may be scheduled with more flexibility as the situation requires. III(A)3. Items be directly the Regular Meeting the items by the Council TMC 2.04.110(C) may placed on agenda of a when arc approved President, 1) The items in and: arc routine nature, such as approval of vouchers, proclamations, acknowledgement documents, discussion for damages. 2) An that or receipt of petitions or or of claims emergency condition exists hazard, impending deadline, immediate financial loss. In instances, the CAS represents a personnel or risk of such define the is summary or staff memo should clearly why special procedure necessary. Items may be placed directly on the agenda of a Committee of the Whole or a Regular Meeting when the items are approved by the Council President, and the items are routine or in the event of an emergency. B. Legislative Actions III(B)1 Ordinances are legislative items used to regulate matters of local concern, such as land use, animal control, local law enforcement and health and safety issues. Ordinances must comply with the terms of the U.S. and Washington State constitutions and the general laws of the City and State. Many ordinances are classified as "codifiable," meaning the ordinance will be incorporated into the Tukwila Municipal Code, which makes the laws of the City easily accessible by subject matter. Examples of non-codifiable ordinances include the annual property tax levy and adoption of the budget. Public emergency ordinances may take effect immediately upon final passage if passed by an affirmative vote of 5 Councilmembers. New III(B)2 Resolutions are legislative items that are advisory or policy -oriented in nature. Resolutions may be used to offer support for ballot measures, set hearing dates for a street vacation or update fee schedules. Resolutions are not a part of the Tukwila Municipal Code. Resolutions are signed by the Council President but are sometimes signed jointly with the Mayor, or prepared for signature by all Councilmembers, particularly when ceremonial or honorary in nature. F. Resolutions the City Council be by the Council President. TMC 2.04.110F, G updated to expand upon the definition of a resolution. of shall signed - - - - - - , - - - - - - - the is honorary subject of resolution of a ceremonial or nature. H. Joint be to the in TMC 2.04.130 be by the Mayor resolutions will subject voting rules and will signed and Council President. The Council for Councilmembers to the may provide all sign joint resolution enacted TMC 2.04.110 G. under III(B)3 Motions are generally short statements adopted by the Council to direct that a specific course of action be taken on behalf of the City. New 111(6)4 All proposed ordinances and resolutions shall be reviewed the by the City Attorney and bear the Attorney's that they in form before final All documents be Existing TMC 2.04.110E, removes unnecessary reference. certification are correct passage. accompanying shall available before be ordinances and resolutions can passed. C. Meeting Agendas III(C)1 The City Clerk shall be responsible for preparing agendas for Regular, Special, and Committee of the Whole meetings, and presented to the Council President or designee for approval. After the proposed agenda has been approved, the City Clerk shall publish the final agenda in accordance with the provisions of RCW 42.30. New III(C)2 The order of a Regular Meeting agenda shall be: a. Call to Order b. Pledge of Allegiance c. Roll Call d. Land Acknowledgement e. Public Comments — including comment on items both on and not on the meeting agenda. Reworking of existing TMC 2.04.100 agenda order that: • Adds Land Acknowledgement • Moves Public Comments and Appointments & Proclamations to BEFORE Presentations The recommendation is for one public comment period at the beginning of the meeting to include items both on and off the agenda. Agenda items attracting significant public interest can be placed or moved early on the agenda. f. Appointments and Proclamations g. Presentations — Items pertinent to the City but not relating to other agenda business, including honoring of guests, special awards, or speakers external to the City. h. Appointments and Proclamations i. Consent Agenda — Items that are routine or non -controversial in nature approved for inclusion by the Council President, Committee of the Whole, or forwarded by unanimous Committee action. Any Councilmember may request to remove an item from the Consent Agenda and place under New Business for further discussion. j. Public Hearings — May be required by City, State, or Federal law or directed by the Council. Examples include but are not limited to Local Improvement Districts, zoning changes, biennial budget, annexation, moratoria, and quasi-judicial decisions. k. Unfinished Business — Items of a general nature, including resolutions and ordinances previously before a standing committee, the Committee of the Whole or full Council. I. New Business — Items of a general nature, including resolutions and ordinances not previously before a standing committee, the Committee of the Whole or full Council m. Reports — Brief summaries of significant City -related activities from the Mayor, City Council, and City Administrator. n. Miscellaneous — Significant City -related items that may need further Council discussion, action, or City Administration follow-up. o. Executive Session p. Adjournment • Removes Bid Awards as they do not need to be called out separately • Removes City Attorney and Legislative Analyst from Reports III(C)3 The order of a Committee of a Whole meeting agenda shall be: Reworking of existing a. Call to Order 2.04.110(B) to match b. Pledge of Allegiance current practice, add Land c. Land Acknowledgment Acknowledgement, move d. Public Comments – including comment on items both on and not on the meeting agenda. Public Comment to before e. Presentations Presentations, and f. Public Hearings g. Special Issues — Items referred from Council committees, referred at a previous Council meeting, or approved for discussion by the Council President. h. Reports i. Miscellaneous j. Executive Session k. Adjournment or Adjournment to a Special Meeting changes Reports. III(C)4 The order of a Special Meeting agenda follows the same order of Regular Meetings based on what items need to be addressed. The City Council may not take action on anything not listed on a Special Meeting agenda. New IV. Meeting Conduct A. Presiding Officer IV(A)1 All Regular and Special Meetings of the City Council shall be presided over by the Mayor, or his/her in the Mayor's TMC 2.04.080 A absence, by the Mayor Pro Tempore. IV(A)2 If neither the Mayor nor the Mayor Pro Tempore is present at a Regular or Special Meeting, the presiding officer for TMC 2.04.080A and D that meeting shall be appointed elected by a majority of the vote of those Councilmembers present, provided there is a quorum, and the appointment of a Councilmember as Mayor Pro Tempore shall not abridge his/her their right to vote on matters before the Council. at such meeting. IV(A)3 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. TMC 2.04.080 B IV(A)4 The presiding officer shall preserve strict order and decorum, state all questions coming before the Council, provide opportunity for discussion on each item on the table, and announce 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. TMC 2.04.080 E B. Parliamentary Procedure IV(B) Questions of parliamentary procedure not covered by TMC Chapter 2.04 these Rules of Procedure shall be governed TMC 2.040.170 by Robert's Rules of Order, Newly Revised (latest edition). C. Quorum IV(C)1 At all meetings of the City Council, four members shall constitute a quorum for the transaction of business. TMC 2.04.050 IV(C)2 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. TMC 2.04.130 D. Seating IV(D) Members of the City Council will be seated at the Council table dais according to seniority of the Council, in order of TMC 2.04.060 A updated to match current practice. The Council could consider changing seniority to position number. No recommendation on seating order, would like full Council discussion. seniority, except that the Council President will be seated in the center during Committee of the Whole Meetings and at the right of the Mayor during Regular and Special Meetings. E. General Meeting Decorum IV(E)1 While the City Council is in session, the members must preserve order and decorum and a member shall neither delay nor interrupt the proceedings or the peace of the Council, nor disrupt any member while speaking. New IV(E)2 Meeting participants should focus on the meeting agenda and confine remarks to the question or matter under discussion. New IV(E)3 A Councilmember desiring to speak shall address the presiding officer and when recognized chair and, upon TMC 2.04.120(A)1 recognition by the presiding officer, shall confine him/herself their remarks to the question under debate. Recognition Councilmembers be by Councilmembers be in the in they of shall seniority. will recognized order which request the floor, or if that is difficult to determine, by seating position. IV(E)4 Any be into - •• • - TMC 2.04.120(A)2 member, while speaking, shall not - - - - - - - - - Councilmembers shall not be interrupted unless it is to be called to order. IV(E)5 No Councilmember shall speak a second time on the same item until each Councilmember has been given an TMC 2.04.120(A)3 opportunity to speak. motion before an opportunity has been given ach Councilmember to speak on that motion. F. Motions, Debate, and Voting IV(F)1 Prior to discussion of an action item, a Councilmember must make a motion, which must be seconded by another Councilmember, to place it on the table, except those motions described in 2 below, which do not require a second. New ME)2 Motions are generally made by a Committee Chair and seconded by a Committee member for those action items New Ask Committee of the Whole to discuss ways to encourage more Councilmembers to participate in the process of making motions; include language about Committee Chairs and members. previous discussed in standing committees. IV(F)3 Motions not requiring a second include nominations, withdrawal of a motion, request for a roll call vote, and point of order. New IV(F)4 After a motion has been made and seconded (if required), Councilmembers may discuss their opinions on the issue prior to the vote, including why they will vote for or against the motion. New IV(F)5 Councilmembers may request a presentation or ask clarifying questions of staff prior to beginning debate. New IV(F)6 If a resolution or ordinance, the City Clerk may read the item by title only or, if requested by any Councilmember, the document may be read in its entirety. New IV(F)7 A motion may be withdrawn by the maker of the motion at any time, without the need for a "second" per item 2 above. New IV(F)8 A motion to amend is defined as amending a motion that is on the floor and has been seconded, by inserting or adding, striking out, striking out and inserting, or substituting. New IV(F)9 A motion to call for the question shall close debate on the main motion and is nondebatable. This motion requires a second and fails without a two-thirds majority. Debate is reopened if the motion fails. New IV(F)10 Motions shall be entertained in the order of precedence outlined in the current edition of Robert's Rules of Order Newly Revised (latest edition). New IV(F)11 The Regular or Special Meeting Consent Agenda is adopted by a single motion. New IV(F)12 When the discussion is concluded, the presiding officer shall repeat the motion prior to voting. New IV(F)13 A be by the the Council. Voting be by TMC 2.04.130(B) roll call vote may requested presiding officer or any member of normally shall seniority; however this may be changed by the officer. procedure presiding Unless otherwise provided for by statute, ordinance, or resolution, votes will be taken by voice, unless a roll call vote is requested by the Presiding Officer or any Councilmember. IV(F)14 Each member present must vote on all questions before the Council and may abstain only by reason of conflict of interest. TMC 2.04.130(A) IV(F)15 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. TMC 2.04.130(A) IV(F)16 No vote may be cast by proxy. New IV(F)17 The City Council votes on the motion as restated. If the vote is unanimous, the presiding officer shall state that the motion has been passed unanimously by the number of Councilmembers present, such as "7-0." If the vote is not unanimous, the presiding officer shall state the number of Councilmembers voting in the affirmative and the number voting opposed and whether the motion has passed or failed. New IV(F)18 In case of a tie vote on any motion, the motion fails. New IV(F)19 In cases where there seems to be no opposition, or on questions of little importance, the presiding officer may seek approval by unanimous consent. New IV(F)20 When the Council concurs with an item that does not require a formal motion, the presiding officer will summarize the Council's consensus at the conclusion of the discussion. New G. Reconsidering a Vote IV(G) After the question has been decided, any Councilmember who voted in the majority may move for reconsideration of the motion. The motion being reconsidered must be made at the same or next Regular Meeting. New H. Questions of Order IV(H) All questions of order shall be decided by the presiding officer with the right of appeal to the majority of Councilmembers present. New 1. Adjournments IV(I)1 All meetings of the Council shall adjourn no later than 10:00 44:00 p.m. If the Council desires to extend the meeting, TMC 2.04.160(B) Change adjournment time to 10:00 p.m. a motion shall be required of a majority plus one vote of Councilmembers present. Items not acted on by the 11:00 p.m. deadline shall be deferred to the next respective Council meeting as Unfinished Business, unless Council, by a majority vote of members present, determines otherwise. IV(I)2 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. TMC 2.04.160(A) V. Public Participation A. Public Hearings V(A) The following procedures shall apply to public hearings, except public hearings subject to Tukwila Municipal Code Chapters 18.104 through 18.116, be to the therein. The TMC 2.04.100(9)b, 2.04.150 updated for clarity and to add staff report. which shall subject procedures specified presiding officer may exercise a change in the but decision be by vote the City Council. procedures, said may overruled a majority of 1. City Staff will provide a report summarizing and providing context to the issue at hand. 2. The first be 15 to The Council proponent spokesman shall speak and -is allowed minutes make a presentation. may ask questions. 3. The opponent spokesman shall be is allowed 15 minutes for to make a presentation. a the The Council may ask questions. 4. Each side shall then be is then allowed 5 minutes for rebuttal. 5. After the proponents and opponents have used their speaking time, the Council may ask further clarifying questions of the speakers. questions of the sp akers, who may respond. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicate to the Public Hearing. 11. Once the presiding officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. 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. for issue: present arguments or against a public legibly. If they they be to in and address sp ak without signing up, will asked sign after sp aking {2) A for five No for time to has had person may speak minutes. one may sp ak a second until everyone wishing sp ak to an opportunity speak. respond, but may not engage in further debate. disparaging remarks or remarks directed to opponents will be allowed. (5) The h wring will then be closed to by the officer and open for Councilmember public participation presiding discussion. B. Public Comment V(B)1 Time is set aside at each Committee of the Whole and Regular Meeting for members of the public to address the Council about items both included and not included on the agenda. New. In the current code, provisions relating to public comment are in a confusing section called "Speaking Procedures" that combines rules for public commenters with Councilmembers. V(B)2 Public comment is to allow members of the community to provide input to the City Council and should not interfere with the ability of the City Council to conduct its business. New V(B)3 Speakers are asked to sign in on forms provided by the City Clerk. New V(B)4 Speakers must wait to be recognized by the presiding officer. TMC 2.01.120 (A) (3) No be to into discussion from the floor first being recognized by the person shall permitted enter any without presiding officer V(B)5 Speakers should first state their name for the record. TMC 2.04.120 (A)2 rewritten and to remove the address requirement -- - - ._ - : :::.-- .-:, . ::- :-, :.- . - - --- , - - further time is by the limit his/her to five minutes. unless given presiding officer shall address V(B)6 Speakers should limit their remarks to 5 minutes or less, unless granted additional time by the presiding officer or majority of TMC 2.04.120(A)2 The Committee would like the Council to discuss the 5 -minute limit, including possible reduction to 3. the Council. - - .. . - :. • -. - : - : - -. - - : • - :::. -- - :, ' . e:' e•, - • - - .:: .:.. . . : . ... _ further time is by the limit his/her to five unless given presiding officer shall address minutes. V(B)7 All remarks should be addressed to the Council as a whole and not to individual Councilmembers, City staff, or members of TMC 2.04.120(A)2 the audience. All remarks shall be made to the Council as a body and not to any individual member or to the audience. V(B)8 No speaker may donate speaking time to another individual. New V(B)9 If a large number of people wish to speak to a particular issue, the Council may limit the total amount of comment time dedicated to that issue. New V(B)10 Comments should not be taken on items subject to quasi-judicial consideration unless it is during a specified public hearing. New V(B)11 Written comments may be submitted to the City Clerk or designee for distribution to the City Council. If seven copies are not provided by the submitter, copies will be distributed by the next day. New V(B)12 The Council has the right to invite anyone to speak at times other than the public comment period, which is done by unanimous consent or majority vote. New V(B)13 Councilmembers should refrain from engaging in dialogue with commenters. New C. Disruptions V(C)1 Disruptions of a Council meeting are prohibited and include but are not limited to the following: a. Failure of a speaker to comply with the allotted public comment time. b. Outbursts from members of the public who have not been recognized by the presiding officer. c. Interfering with other individuals desiring to provide public comment. d. Behavior that intentionally disrupts or impedes attendance or participation at a meeting. New V(C)2 If an individual is disruptive, the presiding officer may terminate that individual's comment period, request assistance to direct an individual to their seat or, in extreme cases, request assistance in removing the individual from the meeting room. New V(C)3 If a meeting has become disrupted to the point of a failure of resuming business, the presiding officer should call for a motion to recess. New V(C)4 If order cannot be restored, the City Council may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the members pursuant to RCW 42.30.050. New VI. City Council Committees A. Standing Committees VI(A)1 The City Council may choose to implement a framework of four standing committees, comprising three Councilmembers each, TMC 2.04.180 (A) rewritten to provide more flexibility to aid in the transaction of its business. There four the Council three arc standing committees of consisting of members each. VI(A)2 The standing committee titles, scopes of authority, and schedule will be adopted by resolution in January of each year. New VI(A)3 The scopes of the standing committees will be balanced in accordance with the City's workload as established by the biennial budget. New VI(A)4 The Council President shall appoint the membership of each committee and the committee chair and membership of each TMC 2.04.180 (A) Committee by the second Regular Meeting of each year. VI(A)5 The standing committees shall consider and make policy and legislative recommendations to the City Council as a TMC 2.04.180(B) and (C) whole. on items referred to the committee by the Council President, the Council, administrative departments, boards or commissions. Council committees shall consider all matters referred. Committees may at times refer items to the full Council with no recommendation. VI(A)6 Each Committee Chair shall report to the Council the findings of the committee. TMC 2.04.180(C) VI(A)7 Each Committee Chair may review and approve his/her the Committee agenda and will approve Committee minutes before TMC 2.04.180(D) updated to remove outdated unbudgeted item reference. distribution. The Committee Chair the Committee An three can authorize cancellation of a meeting. affirmative vote of Finance Safety Committee is the items. members of and required when committee approves unbudgeted VI(A)8 In the Committee is to that Councilmember to in TMC 2.04.180(A) updated to add detail. event a member unable attend a meeting, member may ask another attend his/her place. another Councilmember may attend in the absent member's place. If no replacement can be found, the meeting may still take place with two members. B. Ad Hoc Committees VI(B) The City Council Council President may establish such ad hoc committees as may be appropriate to consider special matters TMC 2.04.180(B) updated to match current practice. that do fit the that The Council not readily standing committee structure or require a special approach or emphasis. President Council to intergovernmental boards shall appoint representatives councils, and committees as needed. VII. Council Vacancies A. Vacancy VII(A) A Council position becomes vacant upon the resignation, recall, forfeiture of position, or death of a Councilmember. The remaining members of the governing body shall appoint a qualified person to fill the vacant position. New B. Resignation VII(B) 1.A written resignation including an effective date must be submitted to the City Council in writing. 2.The City Council accepts a resignation by a motion and vote. New C. Appointment VII(C) If a vacancy occurs in the office of Councilmember, the Council will follow the procedures outlined in RCW 35A.12.050. J+ order to To fill the vacancy with the most available an election is held, the Council will widely distribute TMC 2.04.190 updated to remove unnecessary detail. qualified person until and a notice of the vacancy, the and any application form for applying. The Council will draw up an publish procedure, form, information to by the Council. The forms application which contains relevant answer set questions posed application will be used in conjunction with an interview of each candidate to aid the Council selection of the new Councilmember. VIII. Public Records Compliance A. Compliance VIII(A) 1. Each Councilmember is responsible for complying with laws that govern public records. 2. Paper and electronic records that relate to the functional responsibility of the recipient or sender as a public official constitute a public record, which is subject to public inspection in accordance with RCW 42.56. 3. Councilmembers should send and receive messages related to City business through the City's email system 4. Emails and/or text messages transmitted through personal accounts and devices are public records and must be retained accordingly. 5. Councilmembers shall not communicate in any electronic format with another Councilmember during a Council meeting. 6. Social media posts are a public record. Wherever possible, posting should contain links directing users back to the City's official website for in-depth information, forms, documents, or online services necessary to conduct official City business. 7. Public records created or received by a Councilmember will be transferred to the Legislative Analyst for retention by the City in accordance with retention requirements under state law. 8. Public records that are duplicates of those in the possession of City staff, such as meeting agendas, are not required to be retained. New Agree Existing TMC Provisions proposed for Deletion TMC 2.04.080(C) and 2.04.090 These sections describe City Clerk staffing and administrative procedures for processing agendas. TMC 2.04.110(C)3 This describes an outdated practice that does not make sense in the context of current workflow and agenda procedures. Councilmembers must give direction in public meetings, and if there is an issue that an individual Councilmember would like the City to consider, they may seek consensus during a meeting. Removing this would not interfere with that right. TMC 2.04.110(D) The City Council President has the authority to approve the Committee of the Whole and Regular Meeting agendas, which includes providing input into the amount of time given to specific items. Calling this out specifically seems unnecessary. TMC 2.04.120(6)1 TMC 2.04.120 combines speaking procedures for the City Council and for the public in the same section, which is totally inappropriate. Subsection B is outdated and does not match current public comment procedures or best practices. The new draft Rules of Procedure separates public comment into its own section and provides better description on how it works. TMC 2.04.120(B)4 This section is not appropriate or in alignment with current laws and best practices pertaining to First Amendment rights. The new draft Rules includes a section about how to handle interruptions in the Council Chamber. TMC 2.04.180(B) This describes an obsolete practice that should be removed. The City Council adopted a comprehensive new Purchasing Policy at the end of 2020 that outlines appropriate spending procedures and authorities. This section also contains reference to the old standing committees that are no longer in service (Transportation, Utilities, Finance & Safety, Community Affairs and Parks). TUKWILA MUNICIPAL CODE Sections: 2.04.010 2.04.020 2.04.030 2.04.040 2.04.050 2 04.060 2.04.070 2 04.080 2.04.090 2.04.100 2.04.110 2.04.120 2.04.130 2.04.140 2.04.150 2.04.160 2.04.170 2.04.180 2.04.190 CHAPTER 2.04 CITY COUNCIL Meetings Declared Open and Public Regular Meetings Committee of the Whole Meetings Special Meetings Quorum Seating Council President—Mayor Pro Tempore Presiding Officer Agenda for Regular or Special Council Meetings Agenda Format Miscellaneous Agenda Procedures Speaking Procedures Voting Executive Sessions Continuances Adjournment Questions of Parliamentary Procedure Council Committees and Representatives 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. Page 2-2 Produced by the City of Tukwila, City Clerk's Office 49 TITLE 2 — ADMINISTRATION AND PERSONNEL 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 50 Produced by the City of Tukwila, City Clerk's Office Page 2-3 TUKWILA MUNICIPAL CODE (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. Page 2-4 Produced by the City of Tukwila, City Clerk's Office 51 TITLE 2 — ADMINISTRATION AND PERSONNEL 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. Ajoint 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) 52 Produced by the City of Tukwila, City Clerk's Office Page 2-5 TUKWILA MUNICIPAL CODE 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) Page 2-6 Produced by the City of Tukwila, City Clerk's Office 53 54 City of Tukwila City Council Finance & Governance Committee Meeting Minutes April 12, 2021 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Zak Idan, Chair; Kathy Hougardy, Cynthia Delostrinos Johnson Staff Present: Vicky Carlsen, Tony Cullerton, Laurel Humphrey, David Cline Chair Idan called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. City Council Procedures Update Legislation Staff is seeking Council approval of an ordinance to amend Municipal Code 2.04 and a resolution to adopt a new Rules of Procedure of the City Council. Item(s) for follow-up: • I.A.1 - expand description of City Council to include budget setting. • II.D.1 - expand description of Executive Sessions. • III.A.2 - replace "items" with "legislative actions." • III.C.2 - redefine Public Comment period to include all comments including those on and not on the meeting agenda. • IV.D - ask Committee of the Whole to discuss if seating should continue by seniority or something else, like position number or random. • IV.F.1 - add detail to encourage more Councilmembers to participate in the motion making process. • IV.I.1 - change adjournment time to be no later than 10 p.m. • V.A. Public Hearings - add language about limiting the total number of time depending on number of speakers. • V.B Public Comment - ask Committee of the Whole to discuss 5 -minute speaking limit to determine if a change is desired. Committee Recommendation Forward to April 26, 2021 Committee of the Whole with recommended amendments and further discussion points. B. Department 20 (Non -Departmental Expenditures) Staff presented an overview of Department 20, which is a department within the General Fund that records accounting transactions related to transfer of money to other funds. Committee Recommendation Discussion only. 55