Res 04-411
RESOLUTION NO. 04-411
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING 2004 CITY
COUNCIL RETREAT SUMMARY AND AMENDING COUNCIL
RULES OF PROCDURE.
WHEREAS, the Federal Way City Council held a retreat on January 16 and 17,2004
at the Federal Way Executel; and
WHEREAS, the City Council identified priorities and goals for 2004-2006; and
WHEREAS, the overarching goal for economic development is to expand the tax
revenue base without increasing the tax burden to City residents and provide services that citizens
expect from their government; and
WHEREAS, the City Council requested that the City Manager draft a Resolution
adopting the Retreat Summary;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1. Council Priorities and Goals for 2004-2006. The City Council hereby adopts
the 2004 City Council Retreat Summary, attached hereto as Exhibit A, outlining four major goals
and strategies for economic development, amending Council Rules of Procedure, attached hereto
as Exhibit B, assessing resources needed for a comprehensive salary study, identifying changes to
the budget development process, and setting the date for the 2005 City Council Retreat.
Section 2. Council Rules and Procedures. The City Council hereby amends the
Council Rules of Procedure, which are attached.
Res. #)4-411, Page 1
ORIGINAL
Section 4. Severability. If any section, sentence, clause or phrase ofthis resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date
of the resolution is hereby ratified and affinned.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this
6th day of
April
,2003.
CITY OF FEDERAL WAY
~d~
~A 'ÕR, DEAN McCOLGAN
(~
APPROVED AS TO FORM:
~t7 ~<~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 03/30/04
PASSED BY THE CITY COUNCIL: 04/06/04
RESOLUTION NO. 04-411
Res. #04-41,lPage 2
EXHIB IT A
CITY OF FEDERAL WAY
The City Council's Strategic Planning Retreat
Friday & Saturday, 16 & 17 January 2004
Federal Way Executel
FINAL SUMMARY
Of the Key Discussions, Decisions and Agreements
Attendees: Mayor Dean McColgan, Council members Jeanne Burbidge, Jack Dovey, Eric
Faison, Jim Ferrell, Linda Kochmar and Mike Park; City Manager David Moseley; Assistant
City Managers Donna Hanson and Derek Matheson; Department Directors Anne Kirkpatrick,
Kathy McClung, Mary McDougal, Cary Roe, Jennifer Schroder and ¡wen Wang; City Attorney
Pat Richardson; Economic Development Director Patrick Doherty; Executive Assistant to the
City Manager Patrick Briggs; and Facilitator Jim Reid.
The following summarizes the key discussions, decisions and agreements of the
seven Federal Way City Council members at their annual strategic planning
retreat, which occurred this year on Friday, 16 January and Saturday, 17 January
at the Federal Way Best Western Execute!.
COUNCIL'S FUTURE DIRECTION FOR CITY: "EXPAND THE ECONOMIC PIE"
To set the stage for envisioning where the City Council wants Federal Way to be in the future,
City Manager David Moseley first reviewed the Council's and City's accomplishments during
2003. There were many. These five accomplishments are highlighted because they were the
Council's priorities for 2003, as established during the annual strategic planning retreat in January
of last year:
1. Develop the Community Center;
2. Establish the new City Hall, which the City will move into in July and August;
3. Implement permit process improvements recommended by an ad hoc committee of City
officials and citizens;
4. Develop the Potential Annexation Area (PAA) study, which will be completed in April 2004,
and place three annexations on the Fall 2004 ballot; and
5. Oppose the sexual offender house.
The Council members then described what they want Federal Way to be in 15-20 years. Their
direction calls for the City to help "expand the economic pie" so that the City can provide the
services Federal Way residents expect of City government.
In 15-20 years, the Council members want Federal Way to be described as or contain the
following:
0
0
0
more a "place" and destination;
a vibrant downtown with higher vertical buildings;
green spaces in and adjacent to downtown, similar to those ofthe nation's great cities;
thriving, successful businesses throughout the community, particularly downtown, that
support the residents, and which the residents patronize so that their money is spent in the
community, not outside it;
a City with a high quality of life, as defined by equitable planning and distribution of
resources for economic development, parks and recreation, housing, social and health
serVIces;
distinctive and unique neighborhoods;
"living wage" jobs;
a community that attracts money from outside sources which do not require building more
infrastructure;
good schools;
affordable homes for the community's diverse residents;
an attractive location on the light rail connection between Seattle (and SeaTac Airport) and
Tacoma;
creative types of shops and businesses, distinctive from downtown Seattle, Tacoma Mall,
Southcenter and Bellevue Square;
"upscale" restaurants;
more amenities for seniors;
expanded and promoted opportunities for recreation and other forms of relaxation,
particularly in light of the increasingly hectic and chaotic pace of life;
more diverse forms of housing, including townhomes and cottages, that appeal to a
population with a broader range of needs;
a City government that is more assertive about publicizing the community's demographics
and attributes;
public-private partnerships for human services;
a more heavily promoted and used Dumas Bay Center; and
City services will be delivered even more efficiently and effectively, perhaps through the
merger ofthe City with other service providers.
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
COUNCIL AGREES ON A PRIORITY AND GOALS FOR 2004-06
The Council is united by the following five interests for economic development and, particularly,
downtown: 1) Federal Way has a vibrant, active and more "identifiable" downtown; 2) within
downtown, there is a mix of jobs, housing, and recreational and cultural amenities, with more of
each of these things than exist today; 3) City govemment is more open and receptive to business
interests; 4) the City relies upon a greater variety of tools and resources to strengthen the
economic vitality of the community and, particularly, downtown; and 5) the City helps retain
existing businesses and recruit new ones.
2
After reviewing the list of Federal Way's qualities and characteristics 15-20 years from now, the
Council members agreed on the following priority for the next three years to beginning achieving
their future direction:
Increase tax revenues to provide services that the citizens of Federal Way expect
from their City government.
The Council then agreed on these goals for achieving it:
1. Recruit new businesses to the City.
2. Help the City's existing businesses grow and expand.
3. Attract revenue from people who live outside Federal Way.
4. Reduce "leakage," i.e., sales tax revenues generated by purchases of goods and
services by Federal Way residents from sources outside the City.
PARTNERSHIPS NEEDED TO ACHIEVE FUTURE DIRECTION
After agreeing on a priority for the next few years and the goals to achieve it, the Council paused
to discuss the kinds of leadership that will be needed to advance them. In short, the Council
members want to stimulate partnerships between the City, key interest groups and citizens. To
build and strengthen those partnerships, the Council members stated that the City needs to
educate the public and nurture leadership from various sources throughout the community,
including from businesses and neighborhoods.
The Council members recognize that they and the City's employees cannot "do it all," and to
accomplish the future direction will require leadership from outside City Hall. Council members
expressed interest in the City more aggressively educating the public about what it is doing and
why, and about how citizens can become more involved in their community. Key partnerships
that the Council wants to strengthen include those between the City and Chamber of Commerce,
between the City and neighborhood groups, and between the City and businesses that do not
belong to the Chamber or any other organization. The Council also expressed interest in reaching
out more to the "great silent majority" of citizens who may not know about and who do not
comment on City programs, services and activities.
GOAL #1: RECRUIT NEW BUSINESSES TO THE CITY
After a lengthy discussion, the Council reached consensus on three strategies for achieving Goal
#1.
The first and second strategies: Redevelop the City Center through a "responsive" approach
or redevelop the City Center through a more active approach (using an RFP to attract private
entities to join the City in a redevelopment partnership), or a combination of both approaches.
(These strategies and the various approaches are described on pages 3 and 4 of Patrick Doherty's
memorandum to the Council dated 9 January 2004).
To determine whether or not to embark on these strategies, the Council directed that these four
steps be taken:
3
I. By the end of February 2004, the City will prepare vital information and key messages that
will enable it to effectively communicate the Council's future direction on economic
development to key stakeholders and the public. One message the Council agreed should be
repeatedly communicated: The City's actions to expand sales tax revenues are an investment
in the community's future, not just an expenditure of public funds.
2. The Council will review the information and key messages, and begin to test these messages
by presenting them at public forums such as the future Developers' Forum.
3. As the City is developing its information and key messages, the Office of Economic
Development, working in concert with the Community Development Services Department,
the City Manager's Office and other departments, will further define and refine its
approaches to achieving the Council's future direction for increasing sales tax revenues by
recruiting new businesses to the community. Additional details will be developed on the
"responsive" approach and the criteria that were outlined in the economic development
memorandum that was presented to the Council at the retreat. Furthermore, a draft RFP for
City partnerships with the private sector will be written.
As these approaches are being further defined and refined, the City will determine what
forums are most appropriate for capturing citizen and special interest reactions and responses
to them.
Other ideas that were mentioned included: FEDRAC's strategy to hold a second meeting
each month that focuses on economic development, and to hold them out in the
neighborhoods; devote an entire page in the City newsletter to economic development;
televise the FEDRAC meetings on economic development; produce a video, in Question and
Answer format, that explains the Council's future directions, priorities, goals and strategies
on economic development; City Council members present to business organizations their
vision and goals, and what the City is doing; put on capital project fliers a detachable piece to
allow citizens to send to City Hall their opinions, perspectives and ideas about economic
development issues and actions; investigate and assess what other cities are doing to
encourage economic expansion and downtown development; and using volunteers, leaflet
neighborhoods before meetings to encourage citizen attendance and comments.
4. After the potential approaches have been further developed, and after they have been
reviewed, the Council will decide which of them to pursue to achieve its goal of recruiting
new businesses to Federal Way.
The third strategy: Use the existing City Hall as a business incubator after City departments
have moved into the new City Hall this coming summer.
Steps that will be taken to assess the viability of this strategy before the Council agrees to it
include:
1. Identify and review existing models.
2. To determine the need for this service, conduct research and a survey of businesses.
3. Develop and propose options for how it could be structured and what services would be
provided.
4. Determine if any City resources or subsidies would be needed, and where the funds would
come from.
5. Identify the City's returns on its investments.
4
The above information will be accumulated, analyzed and presented to the Council for a final
decision before the existing City Hall is vacated in late July and August.
GOAL #2: HELP THE CITY'S EXISTING BUSINESSES GROW AND EXPAND
After agreeing on two strategies and a number of actions to help recruit new businesses to Federal
Way, the Council members discussed the City's role in helping existing businesses grow and
expand. During the discussion, the staff recognized the need for and committed to do a better job
of keeping Council members abreast of what the City is doing to assist existing businesses.
The Council then agreed on five strategies by which the City may help existing businesses grow
and expand. They are:
1. Through the use of email, the City will communicate with existing businesses about the
City's economic development direction, priorities, goals and actions, and how they can be
involved.
2. The City will develop a job description for a new position of Ombudsman, a liaison between
the City and business community. The job description will be presented to the Council so
that it can decide whether or not to establish and fund the position.
3. When businesses renew their City business license, the City will send them a letter of
thanks.
4.
The City will review the missions, roles, responsibilities and work programs of three
existing committees-the EDC, EVC and FEDRAC-to determine if there are areas of
overlap and redundancy. The goal is to sharpen the focus of each committee, reduce
redundancy, and ensure that they are working in concert with each other but achieving
different key pieces of the Council's vision.
5.
The City will gather information about the need for a City government role in helping
retain and expand existing businesses. The intent of this strategy is to determine if this
goal should get as much attention and as many resources as the goal of helping recruit
new businesses. Among information that is sought: How many businesses are there in
Federal Way? How many new business licenses are issued by the City each year? How
many businesses go out of business annually? Why? Are City actions at all responsible for
the closure ofbusinesses?
GOAL #3: ATTRACT REVENUE FROM NON-REsIDENTS
At this point in the discussion of economic development, the Council turned its attention to Goal
#3: Attract revenue from people living outside Federal Way. A strategy the Council identified
and discussed was this: Make Federal Way a principal destination for amateur sports events.
To achieve that strategy, the number of soccer and ball fields will need to be increased, and it is
possible that new facilities, such as a field house and/or gymnasiums, will need to be built. Other
actions could include making the amateur sports industry more aware of the facilities and
amenities that Federal Way offers.
5
Council members agreed that if this strategy were to be implemented, a balance would need to be
attained between the needs of Federal Way residents for recreational opportunities and facilities,
and the needs of non-residents for fields and facilities for their amateur sports events.
The Council agreed that this strategy should be further explored by FEDRAC before being
brought back to the full Council for further consideration and possible approval. As part of the
committee's analysis, the Council asked that the City's potential investments, and the rate of
return that it could expect, be identified and highlighted.
The Council also briefly discussed a longer-term strategy for attracting more non-resident dollars
into the City, and thus increasing sales tax revenues: make the City a regional center for arts and
culture, and attract non-resident arts patrons to events held within the City, where they will spend
their money on the events themselves, and on related items such as hotels, restaurants and
shopping.
GOAL #4: REDUCE "LEAKAGE;" I.E., SALES TAX REVENUES GENERATED
BY PURCHASES OF GOODS AND SERVICES BY FEDERAL WAY RESIDENTS
FROM SOURCES OUTSIDE THE CITY.
The Council briefly discussed this goal and concluded that Goals 1-3 and strategies to achieve
them will help achieve this goal.
COUNCIL SEEKS ASSESSMENT OF RESOURCES NEEDED TO EXPLORE A
POTENTIAL ANNEXATION
The City's annexation policy was the second major issue of the retreat. The mutual interests of
the Council are:
1. Take an orderly approach to annexation to ensure that the full ramifications of growth are
understood by the Council and the public.
2. Annexations make "business" sense, i.e, they do not reduce the City's ability to provide
services, nor do they diminish the quality of those services.
3. Annexation policy enhances key relationships with the public, interest groups and other
jurisdictions.
4. Be aware of what is occurring at the City's borders.
While recognizing that the Potential Annexation Area (P AA) study will be completed in Spring
2004, the Council members agreed that any annexation of land and people into the City must
make business sense. "Business sense" means that the annexation would not reduce the City's
ability to provide services, nor would it reduce their quality. It also means that the cost of
annexation would not outweigh the benefits to the City. The Council also appeared to endorse
the existing unofficial policy: Let the citizens who want to be annexed propose it to the City
rather than vice versa. But carefully and continually watch what is happening on the City's
borders.
6
During its discussion about annexations, the Council agreed to ask staff to provide it with an
assessment of what actions and resources, including staff time, would be needed if the City were
to approach Pierce County about amending its Comprehensive Plan to place Brown's Point and
Dash Point in Federal Way's PAA, and, if Pierce County did amend its Comp Plan, if the City
was then to work with the residents of those two communities on annexation.
COUNCIL ACTS TO CHANGE OR ASSESS THREE RULES
Three changes to Council rules were discussed, resulting in agreements to repeal one, to add a
new one, and to develop a matrix to inform a future discussion about possibly changing one. The
Council's decisions were:
1. Reached consensus on repealing Rule 14.3. City Attorney Pat Richardson will prepare the
official paperwork; the Council will need to formally vote to repeal this rule during a future
meeting. In repealing this rule, the Council members reiterated their commitment to improve
communication between them, and to continue to provide their colleagues a "heads up" about
their public statements, either verbal or written, so that no Council member is surprised by
positions or statements of herlhis colleagues. Mayor McColgan urged the Council members
to increase the informal communications between them, and they stated their intent to do so.
2. Agreed to add a new rule pertaining to their annual strategic planning retreats. The rule will
set the time for future Council retreats-the last week of January-and their duration--one-
and-a-half to two-day sessions. City Attorney Pat Richardson will draft the language for the
Council members to review. The intent of the new rule is reduce confusion and surprises,
and to guarantee full attendance at the retreats by Council members and the City Manager's
senior leadership team.
The Council also expressed interest in conducting a mid-year meeting to assess progress in
achieving its direction, priorities and goals.
3. Directed the City Manager's office to produce a matrix illustrating how other cities in the
region handle the issue of succession to the positions of Mayor and Vice Mayor. Which
cities currently select their Mayor as Federal Way does now, with a vote of the Council
electing one of its members to each of these two positions? And which cities use seniority to
automatically fill the two positions? What are the reasons for each of these methods of
selection? And which cities allow the Mayor to be elected for two or more consecutive two-
year terms? And what are the reasons for this practice?
Once the City Manager's office has produced the matrix, it will be provided to the Council
for further discussion of the City Council rule governing election of the Mayor and Vice
Mayor.
7
COUNCIL DIRECTS ASSESSMENT OF RESOURCES REQUIRED TO CONDUCT
COMPREHENSIVE SALARY STUDY
At its first session on Saturday, the Council members received from Mary McDougal a summary
of the City's current salary structure, and the policy goals it is intended to achieve. As a result of
the discussion, the Council members appeared to share these interests: I) recruit the most
talented people to work for the City of Federal Way; 2) pay employees salaries that are
competitive with comparable cities in the region; 3) ensure employees are accountable for their
performance; 4) use incentives to motivate and acknowledge exceptional performance; and 5)
ensure consistency and objectivity in the application of the compensation system.
The members directed the City Manager and Human Resources to assess what it would take to
conduct a comprehensive salary study, which has not been done since 1991. The assessment
should highlight what resources would be needed to conduct such a study, the expected length of
time it would take, and how it might be conducted. This assessment will be provided to the
Council before it determines whether or not to proceed, and before any alternatives to the current
system are evaluated.
Finally, the Council reiterated its commitment to working with the City Manager to establish
annual goals by which to objectively evaluate his performance. A 1999 model is available for
Council members to review. The Council agreed that a future study session will be held to
identify and agree on specific goals and objectives.
COUNCIL SUPPORTS Two CHANGES TO BUDGET DEVELOPMENT PROCESS
After a comprehensive presentation by Iwen Wang of the City's budget outlook for 2005-06, the
Council agreed on two new approaches to developing the budget for that biennium.
First, the members supported the City Manager's proposal to develop two alternative budgets if
Initiative 860, which would roll back property taxes by 25%, qualifies for the Fall 2004 ballot.
That will be known by late July. In the event it qualifies, one proposed budget will assume its
passage, while the other proposed budget will assume that it fails at the polls.
Second, members agreed that they would like to provide the City Manager's office with "early"
input on policies, services and programs before the 2005-06 budget is developed. Council
members will receive the 2003-04 budget, including line items, so that they can become even
more familiar with the City's expenditures on programs and services. If s/he chooses to, each
Council member can then offer ideas about expenditures that the staff will take into consideration
as the budget is being developed.
NEXT YEAR'S RETREAT
The Council members anticipate that their next annual retreat will be on Friday and Saturday,
January 28th and 29t\ 2005.
8
Exhibit B
CITY OF FEDERAL WAY
CITY COUNCIL
RULES OF PROCEDURE
ADOPTED
JANUARY 21, 1992
Amended
March 17, 1992
May 19, 1992
July 21, 1992
December 15, 1992
April 20, 1993
January 18, 1994
June 7, 1994
September 21, 1994
December 6, 1994
November 16,1999
February 19,2002
February 19, 2003
,2004
OFFICE OF THE CITY CLERK
INDEX
SECTION NO.
TITLE
PAGE NO.
1
Authority
4
2
Council Meetings
4
3
Agenda Preparation
8
4
Council Discussion
9
5
Citizen Comment
10
6
Motions
10
7
Ordinances
12
8
Mayor and Deputy Mayor
13
9
Council Relations with City Staff
14
10
Council Meeting Staffing
15
11
Council Member Attendance at Meetings
15
12
Public Hearings
16
13
Media Representation at Council Meetings
17
14
Council Representation
17
15
Confidentiality
18
16
Council Travel & Expenses
19
SECTION NO.
TITLE
PAGE NO.
17
Public Records
26
18
- City Manager Evaluation Process
27
19
Mayor/Deputy Mayor Selection Process
28
20
City Advisory Committees
28
21
Council Committees
31
22
Filling City Council Vacancies
32
23
Miscellaneous
36
24
Suspension and Amendment of Rules
36
3
SECTION 1. AUTHORITY
1.1 The Federal Way City Council hereby establishes the following Rules of
Procedure ( "Rules ") for the conduct of Council meetings, proceedings and
business. These Rules shall be in effect upon adoption by the Council and until
such time as they are amended or new Rules adopted in the manner provided by
these Rules.
SECTION 2. COUNCIL MEETINGS
2.1 TYPES OF MEETINGS
(1) Regular Meetings
Council's regular meetings will be held the first and third Tuesdays of
each month in Council Chambers, City Hall.
Regular Council meetings will begin at the hour of 7:00 p.m., and will
adjourn no later than 10:00 p.m. To continue past this time of
adjournment, a majority of the Council must concur.
If any Tuesday on which a meeting is scheduled falls on a legal holiday,
the meeting shall be held at 7:00 p.m. on the first business day following
the holiday, or on another day designated by a majority vote of the
Council.
(2) Special Meetings
A Special meeting is any Council meeting other than a Regular Council
meeting. Notice shall be given at least 24 hours in advance specifying the
time and place of the meeting and the business to be transacted. A
Special Council meeting may be scheduled by the Mayor, City Manager
or at the request of a majority of the Council Members.
(3) Study Sessions
Council's Study Sessions will be held, when needed, as follows:
Study sessions may be called by the Mayor, City Manager or by two (2)
or more Council Members.
4
Study Sessions will be informal meetings for the purpose of reviewing
forthcoming programs, receiving progress reports on current programs
or projects, or receiving other similar information. The Mayor and City
Manager will determine on -going dedicated schedules for regular Study
Sessions.
No final decisions can be made at a Study Session. Decisions on those
issues will be scheduled for a Regular or Special Council meeting.
(4) Emergency Meetings
An Emergency meeting is a Special Council meeting called without the
24 -hour notice. An Emergency meeting deals with an emergency
involving injury or damage to persons or property or the likelihood of
such injury or damage, when time requirements of a 24 -hour notice
would make notice impractical and increase the likelihood of such injury
or damage. Emergency meetings may be called by the City Manager or
the Mayor with the consent of a majority of Council Members. The
minutes will indicate the reason for the emergency.
(5) Executive Session Meetings
An Executive Session is a Council meeting that is closed except to the
Council, City Manager and authorized staff members and /or consultants
authorized by the City Manager. The public is restricted from
attendance. Executive sessions may be held during Regular or Special
Council meetings and will be announced by the Mayor or the Chair of
the Special Council Committee, respectively. Executive session subjects
are limited pursuant to Chapter 42 RCW, including considering real
property acquisition and sale, public bid contract performance,
complaints against public officers and employees, public employment
applications and public employee evaluation, elective office
appointments and attorney- client discussions.
Before convening an Executive session, the Mayor or Chair shall
announce the purpose of the meeting and the anticipated time when the
session will be concluded. Should the session require more time, a public
announcement shall be made that the meeting is being extended.
(6) Retreats
The annual retreat will be scheduled for the last week or weekend of
January. Council may request Staff to schedule a mid -year retreat at its
discretion.
2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA
(1) Call Meeting To Order
The Mayor calls the meeting to order. The Mayor will announce the
attendance of Council Members and indicate any Council Member who
is not in attendance and whether or not the Council Member has an
excused absence. The Mayor may, with the concurrence of the Council
Members, take agenda items out of order. Agenda items may be added
pursuant to Section 3.3 of these Rules.
(2) Pledge of Allegiance
Council Members and, at times, invited guests lead the flag salute.
(3) Proclamations and Presentations
A Proclamation is defined as an official announcement made by either
the City Council or the Mayor.
City Council Proclamations are defined as those non - controversial
events which have a major citywide impact. City Council Proclamations
shall be publicly read at a City Council meeting and presented to a
representative of the event during the Council meeting.
Mayor's Proclamations are defined as those non - controversial events
which are requested by and for a special interest group within the City.
Mayor's Proclamations are signed by the Mayor and forwarded to a
representative of the event.
The Mayor and City Manager shall determine if the Proclamation
request is for a City Council Proclamation or a Mayor's Proclamation.
Controversy is defined as a dispute, especially a lengthy and public one,
between sides holding opposing views.
City Manager - Introduction of New City Employees and Emerging
Issues
(4) Citizen Comment
Members of the audience may comment on items relating to any matter.
Citizen comment sign -ups will be available at each regular council
meeting for the use of those citizens wishing to address the Council.
R
Comments are limited to three (3) minutes, except that for a person
whose property is the subject of a condemnation ordinance then pending
before the City Council, or a person speaking on behalf of a group,
comments are limited to five (5) minutes. No speaker may convey or
donate his or her time for speaking to another speaker.
The Mayor may allow citizens to comment on individual agenda items at
times during any regularly scheduled City Council meeting other than
the regularly scheduled Citizen Comment period. These agenda items
include, but are not limited to, ordinances, resolutions and Council
Business issues. (See also Section 5, "Citizen Comment" of these Rules.)
(5) Consent Agenda
Consent Agenda items have either been fully considered by a City
Council Committee or are considered to be routine and non-
controversial and may be approved by one motion. Items on the Consent
Agenda include but are not limited to, minutes, resolutions and
ordinances discussed at a previous City Council or Committee meetings,
bid awards and previously authorized agreements. Any Council
Member may remove any item from the Consent Agenda for separate
discussion and action.
(6) Public Hearings
See Section 12 of these Rules for discussion of public hearing procedure.
(7) Council Business
Council Business items are usually those items other than resolutions
and ordinances requiring Council action.
(8) Introduction and First Reading of Ordinances
Discussion and debate by the City Council may be held at this time.
Council Members may request amendments to the ordinance at this time
or at any time prior to adoption, direct staff to further review the
ordinance, or approve placing the ordinance on the Consent Agenda at
an upcoming Regular Council meeting for enactment as an enforceable
City law.
7
(9) Council Reports
The Council Members may report on significant activities since the last
meeting.
(10) City Manager Report
The City Manager and staff update the Council Members on current
issues or items of Council interest.
(11) Adjournment
With no further business to come before the Council, the Mayor
adjourns the meeting.
2.3 MEETING MINUTES
The City Clerk will keep an account of all proceedings of the Council in
accordance with the statutory requirements, and proceedings will be entered
into a minute book constituting the official record of the Council. City Council
meeting minutes will not be revised without a majority affirmative vote of the
Council at a regularly scheduled Council meeting.
2.4 COUNCIL MEMBER SEATING
A City Council Member's seat at the dais will be determined as follows:
(1) The Mayor shall sit in Chair #4, the center seat at the dais, and the
Deputy Mayor shall sit to the Mayor's right, in Chair #3; and
(2) The remaining Council Members will be seated north to south by
position #1 through #7, as consecutively as possible.
SECTION 3.
AGENDA PREPARATION
3.1 The City Clerk will prepare an agenda for each Council meeting specifying the
time and place of the meeting, and setting forth a brief general description of
each item to be considered by the Council. The agenda is subject to approval by
the Mayor and the City Manager.
3.2 An item may be placed on a Council meeting agenda by any of the following
methods:
(1) A majority vote of the Council;
(2) Council consensus;
(3) By any two (2) Council Members;
(4) By the City Manager;
(5) By a Council Committee; or
(6) By the Mayor.
A draft agenda will be provided to all City Council Members who shall have
approximately 48 hours to review prior to publication.
3.3 An item may be placed on a regular Council meeting agenda after the agenda is
closed and the notice published if the Council Member or City Manager
explains the necessity and receives a majority vote of the Council at a public
meeting.
3.4 The City Clerk will endeavor to schedule sufficient time between public
hearings and other scheduled items, so the public is not kept unduly waiting,
and so the Council will have sufficient time to hear testimony and to deliberate
matters among themselves. .
3.5 Legally required and advertised public hearings will have a higher priority over
other time - scheduled agenda items which have been scheduled for convenience
rather than for statutory or other legal reasons.
3.6 Agendas will be finalized by Wednesday, noon - approximately one (1) week
prior to the Council meeting. Agenda materials will be available, at City Hall,
for the Council, City staff, media and public on the Friday before the meeting.
3.7 All agenda items packet reports will be in the format provided by the City
Clerk's Office.
3.8 The Council may use the agenda item cover sheet "Recommendation
Statement" language for making a motion.
SECTION 4. COUNCIL DISCUSSION
4.1 All Council discussion shall be governed by ROBERTS RULES OF ORDER,
NEWLY REVISED.
2
SECTION 5. CITIZEN COMMENT
5.1 Persons addressing the Council, who are not specifically scheduled on the
agenda, will be requested to step up to the podium, give their name for the
record, and limit their remarks to three (3) minutes. No speaker may-convey or
donate his or her time for speaking to another speaker. All remarks will be
addressed to the Council as a whole, and not to individual City staff members.
Any person making personal, impertinent, or slanderous remarks, or who
becomes boisterous, threatening, or personally abusive while addressing the
Council, may be requested to leave the meeting.
5.2 The Mayor has the authority to preserve order at all meetings of the Council, to
cause the removal of any person from any meeting for disorderly conduct and to
enforce these Rules. The Mayor may command assistance of any peace officer
of the City to enforce all lawful orders of the Mayor to restore order at any
meeting.
5.3 Citizens with complaints, concerns or questions, will be encouraged to refer the
matter to the City Manager, or ask that the matter be placed on a future City
Council meeting, or Council Committee agenda with the appropriate
background information. Any citizen who voices a concern or complaint at a
City Council meeting which involves a potential violation of the City's Code of
Ethics shall be advised by the Council, or City Management staff, of the
existence of the City's Board of Ethics, and of the procedures for requesting
Ethics Board opinions and /or investigations from the Ethics Board.
SECTION 6. MOTIONS
6.1 If a motion does not receive a second, it dies. Motions that do not need a second
include: Nominations, withdrawal of motion, agenda order, request for a roll
call vote, and point of order.
6.2 A motion that receives a tie vote is deemed to have failed.
6.3 When making motions, be clear and concise and not include arguments for the
motion within the motion.
6.4 After a motion and second, the Mayor will indicate the names of the Council
Members making the motion and second.
6.5 After a motion has been made and seconded, the Council may discuss their
opinions on the issue prior to the vote. No further citizen comments may be
10
heard when there is a motion and a second on the floor, unless allowed by the
Mayor.
After a motion has been made and seconded, the Council may ask questions of
staff and /or discuss their opinions on the issue prior to the vote. No further
citizen comments may be heard when there is a motion and a second on the
floor, unless allowed by the Mayor.
6.6 When the Council concurs or agrees to an item that does not require a formal
motion, the Mayor will summarize the agreement at the conclusion of the
discussion.
6.7 A motion may be withdrawn by the maker of the motion, at any time, without
the consent of the Council.
6.8 A motion to table is undebatable and shall preclude all amendments or debates
of the issue under consideration. If the motion to table prevails, the matter may
be "taken from the table" only by adding it to the agenda of a future Regular or
Special meeting at which time discussion will continue; and if an item is tabled,
it cannot be reconsidered at the same meeting.
6.4 A motion to postpone to a certain time is debatable as to the reason for the
postponement but not to the subject matter of the motion; is amendable; and
may be reconsidered at the same meeting. The question being postponed must
be considered at a later time at the same meeting, or to a time certain at a future
Regular or Special City Council meeting.
6.10 A motion to postpone indefinitely is debatable as to the reason for the
postponement as well as to the subject matter of the motion; is not amendable,
and may be reconsidered at the same meeting only if it received an affirmative
vote.
6.11 A motion to call for the question shall close debate on the main motion and is
undebatable. This motion must receive a second and fails without a two-thirds'
(2/3) vote; debate is reopened if the motion fails.
6.12 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.
Motions that cannot be amended include: Motion to adjourn, agenda order, lay
on the table, roll call vote, point of order, reconsideration and take from the
table. A motion to amend an amendment is not in order.
11
6.13 Amendments are voted on first, then the main motion as amended (if the
amendment received an affirmative vote).
6.14 The motion maker, Mayor or City Clerk should repeat the motion prior to
voting. -
6.15 At the conclusion of any vote, the Mayor will announce the results of the vote.
6.16 When a question has been decided, any Council Member who voted in the
majority may move for a reconsideration, but no motion for reconsideration of a
vote shall be made after the meeting has adjourned.
6.17 The City Attorney shall decide all questions of interpretations of these Rules
and other questions of a parliamentary nature which may arise at a Council
meeting. (See also Section 4 of these Rules.) All cases not provided for in these
Rules shall be governed by Robert's Rules of Order, Newly Revised. In the
event of a conflict, these Rules shall prevail.
6.18 Roll call votes will be taken during all televised Council meetings on non -
unanimous votes, or if requested by a Council Member, or as required by law.
The purpose of roll call votes is to assist the City Clerk in recording the vote and
to communicate to the viewing public during televised City Council meetings the
outcome of the vote. The official meeting minutes will always reflect roll call
votes on each action item.
6.19 The Presiding Officer's decision on a point of order may be appealed. If
seconded, the appeal may be voted on by the Council. An appeal may not be
amended, is not debatable when it relates to indecorum, transgressions of the
rules of speaking, the priority of business, or if the appeal is made while the
previous question remains pending. In the event of a tie vote, the decision of the
Presiding Officer stands. An appeal is not in order when another appeal is
pending.
SECTION 7. ORDINANCES
7.1 All ordinances shall be prepared or reviewed by the City Attorney. No
ordinance shall be prepared for presentation to the Council, unless requested by
a majority of the Council, or requested by the City Manager or City Attorney.
7.2 Ordinances will be introduced and enacted by a Council Bill Number. After
enactment, the City Clerk shall assign a permanent ordinance number.
12
7.3 The City Clerk or designee shall read the title of the ordinance prior to voting
unless the ordinance is on the Consent Agenda.
7.4 Upon enactment of the ordinance, the City Clerk shall obtain the signature of
the- City Attorney. After the City Attorney's signature, the City Clerk shall
obtain the signature of the Mayor. After the Mayor's signature, the City Clerk
shall sign the ordinance.
7.5 Ordinances, or ordinance summaries, shall be published in the official
newspaper, as a legal publication, immediately following enactment.
7.6 Ordinances become effective thirty (30) days after the passage of the ordinance
unless otherwise specified.
SECTION 8. MAYOR AND DEPUTY MAYOR
8.1 The Presiding Officer at all meetings of the Council shall be the Mayor, and in
the absence of the Mayor, the Deputy Mayor will act in that capacity. If both
the Mayor and Deputy Mayor are absent, the Council Members present shall
elect one of its members to serve as Presiding Officer until the return of the
Mayor or Deputy Mayor.
8.2 The Presiding Officer shall:
(1) Preserve order and decorum in the Council chambers;
(2) Observe and enforce these Rules;
(3) Decide all questions on order, in accordance with these Rules, subject to
appeal by any Council Member;
(4) Recognize Council Members in the order in which they request the floor.
The Presiding Officer, as a Council Member, shall have only those
rights, and shall be governed in all matters and issues by the same rules
and restrictions as other Council Members; and
(5) From time to time, appoint Council Members to serve on City Council
and ad hoc committees.
13
SECTION 9.
COUNCIL RELATIONS WITH CITY
STAFF
9.1 There will be mutual respect from both City staff and Council Members of their
respective roles and responsibilities when, and if, expressing criticism in a
public meeting.
9.2 City staff will acknowledge the Council as policy makers, and the Council
Members will acknowledge City staff as administering the Council's policies.
9.3 All written informational material requested by individual Council Members
shall be submitted by City staff, after approval of the City Manager, to all
Council Members with a notation indicating which Council Member requested
the information.
9.4 Council Members shall not attempt to coerce or influence City staff in the
selection of personnel, the awarding of contracts, the selection of consultants,
the processing of development applications or the granting of City licenses or
permits.
9.5 The Council shall not attempt to change or interfere with the operating rules
and practices of any City department.
9.6 Mail that is addressed to the Mayor and Council Members shall be copied and
circulated to all City Council Members by the City Clerk, as soon as practicable
after it arrives.
9.7 The City Clerk shall not open mail addressed to individual Council Members if
it is marked personal and /or confidential.
9.8 No Council Member shall direct the City Manager to initiate any action or
prepare any report that is significant in nature, or initiate any significant
project or study without the consent of a majority of the Council. New
initiatives having policy implementation shall be directed to a Council
Committee for consideration.
9.9 Individual requests for information can be made directly to the Department
Director unless otherwise determined by the City Manager. If the request
would create a change in work assignments or City staffing levels, the request
must be made through the City Manager.
14
9.10 To provide staff the necessary preparation time, Council Members will provide
staff advance notice of any questions or concerns they may have regarding an
agenda item prior to a public meeting, if possible.
SECTION 10. COUNCIL MEETING STAFFING
10.1 The City Manager shall attend all regular meetings of the Council unless
excused. The City Manager may make recommendations to the Council and
shall have the right to take part in the discussions of the Council, but shall have
no vote. When the City Manager has an excused absence, the designated Acting
City Manager shall attend the meeting.
10.2 The City Attorney shall attend all meetings of the Council unless excused, and
shall, upon request, give an opinion, either written or oral, on legal questions.
The City Attorney shall act as the Council's parliamentarian. The Deputy or
Assistant City Attorney shall attend meetings when the City Attorney has been
excused.
10.3 The City Clerk, or designee, shall attend Regular meetings of the Council, keep
the official journal (minutes), and perform such other duties as may be needed
for the orderly conduct of the meeting.
SECTION 11.
COUNCIL MEMBER ATTENDANCE AT
MEETINGS
11.1 EXCUSED ABSENCES
Excused absences are defined as follows:
(1) Death of immediate family member
"Immediate family members" are defined as: spouse, child, parents,
siblings, grandparents, father and mother -in -law, or daughter and Bon-
in -law.
(2) Illness
Illness of a Council member or of an immediate family member, as
defined above, requiring the member to personally attend and care for
15
the immediate family member provided that the illness does not
necessitate an absence longer than six (6) months.
(3) Three nonconsecutive absences
Three (3) nonconsecutive absences per calendar year provided that prior
notice is given to as referenced in Section 11.3.
(4) Absences for Council Business
A Council member who is absent because of other commitments
representing Council or because of circumstances beyond the Council
member's control, which include but are not limited to traffic, weather,
accident.
11.2 VACANCY OF OFFICE
A Council position shall become vacant upon three (3) consecutive unexcused
absences or more than three (3) nonconsecutive absences as defined in Section
11.1(3). (RCW 35A.12.060)
11.3 Council Members will inform the Mayor, the City Manager or City Clerk if they
are unable to attend any Council meeting, or if they knowingly will be late to
any meeting. The minutes will show the Council Member as having an excused
absence.
SECTION 12. PUBLIC HEARINGS
12.1 TYPES
There are two types of public hearings: legislative and quasi- judicial. The
Mayor will state the public hearing procedures before each public hearing.
Citizens may comment on public hearing items.
12.2 LEGISLATIVE PUBLIC HEARINGS
The purpose of a legislative public hearing is to obtain public input on
legislative decisions on matters of policy, including without limitation, review by
the City Council of its comprehensive land use plan or the biennial budget.
16
12.3 QUASI- JUDICIAL PUBLIC HEARINGS
The purpose of a quasi - judicial public hearing is to decide issues including the
right of specific parties and include, without limitation, certain land use matters
such as site specific rezones, preliminary plats, and variances. The City
Council's decision on a quasi-judicial matter must be based upon and supported
by the "record" in the matter. The "record" consists of all testimony or
comment presented at the hearing and all documents and exhibits that have
been submitted. In quasi - judicial hearings, Council Members shall comply
with all applicable laws including without limitation the appearance of fairness
doctrine (Chapter 42.36 RCV).
APPEARANCE OF FAIRNESS. Council members should recognize that the
Appearance of Fairness Doctrine does not require establishment of a conflict of
interest, but whether there is an appearance of conflict of interest to the average
person. This may involve the Council member or a Council member's business
associate, or immediate family. It could involve ex parte (outside the hearing)
communications, ownership of property in the vicinity, business dealings with
the proponents and /or opponents before or after the hearing, business dealings
of the Council member's employer with the proponents and /or opponents,
announced predispositions, and the like. Prior to any quasi - judicial hearing,
each Council member should give consideration to whether a potential violation
of the Appearance of Fairness Doctrine exists. If so, no matter how remote, the
Council member should disclose the facts to the City Manager who will seek the
opinion of the City Attorney, which will be communicated to the Council
member and the Mayor.
SECTION 13. MEDIA REPRESENTATION AT
COUNCIL MEETINGS
13.1 All public meetings of the City Council, Council Committees, and Council
advisory committees shall be open to the media, freely subject to recording by
radio, television and photographic services at any time, provided that such
arrangements do not interfere with the orderly conduct of the meeting. Seating
space shall be provided for the media at each public meeting.
SECTION 14. COUNCIL REPRESENTATION
14.1 If a Council Member appears on behalf of the City before another governmental
agency, a community organization, or through the media, for the purpose of
commenting on an issue, the Council Member shall state the majority position of
17
the Council, if known, on such issue. Personal opinions and comments which
differ from the Council majority may be expressed if the Council Member
clarifies that these statements do not represent the Council's position.
14.2 Council Members need to have other Council Members' concurrence before
representing (1) another Council Member's view or position, or (2) the majority
of Council's view or position with the media, another governmental agency or
community organization.
14.3 > interviews or other eommunientio
opinion of the Couneil, should be presented tothe full Couneil pFier-to
1i�- E'auneil-- me�tiber -o #' .'• 1- �;- ry #fch -do-- not -- egress -t#}e
publiention so tlret44te e-awafe- of4#e4 peadi"
publieationr
SECTION 15.
CONFIDENTIALITY
15.1 Council Members shall keep confidential all written materials and verbal
information, including but not limited to the topic(s) and /or the substance,
provided to them during Executive Sessions, to ensure that the City's position is
not compromised. Confidentiality also includes information provided to Council
Members outside of Executive Sessions when the information is considered to be
exempt from disclosure under exemptions set forth in the Revised Code of
Washington (RCW 42.23.070(3)).
15.2 If the Council, in Executive session, has provided direction or consensus to City
staff on proposed terms and conditions for any type of issue, all contact with the
other party should be done by the designated City staff representative handling
the issue. Council Members should obtain the permission of the City Manager
prior to discussing the information with anyone other than other Council
Members, the City Attorney or City staff designated by the City Manager. Any
Council Member having any contact or discussion needs to make full disclosure
to the City Manager and /or the City Council in a timely manner.
15.3 Council member believes that a topic or discussion in Executive Session is
improper, the Council member may refuse to participate and leave the
Executive Session and say nothing outside of the Executive Session.
In
SECTION 16. COUNCIL TRAVEL AND EXPENSES
16.1 PURPOSE AND ADMINISTRATION
The objectives of this policy are to provide elected officials who incur authorized
travel, subsistence, registration and related expenses while on city business,
reasonable and timely mechanisms for the reimbursement and /or the
advancement of such necessary expenditures.
It is also recognized that City payment for business related food and beverage
for non - travel purposes will be incurred by the City Council wherein
reimbursement will be provided. This policy statement also serves to provide
guidelines by which to determine whether or not expenditures by the City
Council may be reimbursable to the Council Member, and by which to
determine refreshments and related costs served or made available at meetings
involving volunteers and other quasi- employees are legitimate City
expenditures.
Claimants have the responsibility for becoming knowledgeable about authorized
expenditures and the documentation requirements. Care must be taken to avoid
unnecessary or excessive expenditures, and those not directly and reasonably
related to the conduct of City business.
16.2 DOCUMENTATION
Except for per diem allowances, no claim for reimbursement shall be paid
unless it is accompanied by a bona fide vendor's receipt. Such receipts should
show the date, a description of the purchase, vendor identification and amount
paid.
16.3 CLAIMS
Claims for reimbursement shall contain the following:
(1) The name of the person who consumed the goods or used the service for
which reimbursement is requested, whether it be for meals, lodging,
transportation or any other purpose; and
(2) A description of the event, occasion or circumstances related to the claim
and the public policy or public purpose served.
19
16.4 MEALS
Meal costs must be incurred directly by the claimant; direct billing to the City
by a restaurant is prohibited except by way of an authorized City credit card.
Payment for table service at a restaurant, commonly referred to as a tip, not to
exceed fifteen percent (15 %) of the restaurant price of the meal, is reimbursable
as a reasonable and necessary cost for such service.
16.5 PER DIEM SCHEDULE OF REIMBURSABLE MEAL COSTS
The reasonable cost of necessary meals while conducting City business is
authorized for reimbursement.
All City officials claiming reimbursement for meals consumed while on City
business shall be entitled to reimbursement not to exceed the Renzheimer
Meal/Lodging Index.
Notwithstanding the foregoing index, actual meal costs may be claimed when
they are part of a regularly scheduled business event such as training seminar,
professional meeting, or other business meeting.
If the costs of meals for persons other than the claimant are included, those
persons must be entitled to meal reimbursement in their own right and they
shall be listed by name and title in claim documentation.
16.6 EXPENDITURES NOT INCLUDABLE AS ACTUAL MEAL COSTS
Unauthorized expenditures include, but are not limited to:
(1) Liquor.
(2) Expenses of a spouse or other persons not authorized to receive
reimbursement under this policy.
16.7 TRAVEL
Reimbursement for reasonable costs of business travel is authorized. General
guidelines are as follows.
16.8 CITY VEHICLE
20
Out -of -the -area costs of vehicle operation are authorized, such as gas, oil, tires
and necessary repairs.
16.9 PERSONAL VEHICLE
Expenses shall be reimbursed for travel within a 300 mile radius of the City at
such rate per mile as shall be established from time to time by the City Manager
in his /her discretion, but not to exceed the then current maximum rate allowed
by the United States Internal Revenue Service for reimbursement of such
expenses for purposes of business travel expense deductions. Trips beyond this
limit will be reimbursed at the lower of a) the established rate per mile, or b) the
lowest available (other than non - refundable) airfare obtainable by the City's
Purchasing Manager plus mileage reimbursement at the then current City rate,
based upon the estimated distance between the airport and the destination.
Incidental travel costs such as parking, ferry or bridge tolls are reimbursable as
they would be if a City vehicle was provided.
16.10 RENTAL VEHICLE
The cost of vehicle rental is considered an exception to this policy and must be
approved in writing per Section 4A (Meal Reimbursement for Non -City
Officials). Vehicle rental authorization must be separately set out in any request
for approval of such expenses. Approval of vehicle rental as an item on a travel
advance request will not be considered sufficient authorization without a
separate statement presenting the reason such an expenditure is required.
16.11 AIR TRAVEL
Arrangement for air travel on City related business shall be arranged by the
Purchasing staff of the Finance Department or as otherwise designated by the
City Manager as outlined below:
(1) Whenever feasible, the need for air travel arrangements should be
provided by way of the normal requisition process at least 5 weeks in
advance of the departure date.
(2) The authorized procurer will arrange for air travel based on the lowest
available (other than non - refundable) airfare for a regularly scheduled
flight which reasonably accommodates the time of travel requested, and
the destination as specified by the requisitioning department.
(3) The authorized procurer will purchase the tickets at the time the rate is
quoted and the Council Member will be advised of the arrangements for
acquiring the tickets.
21
(4) If personal travel is combined with business related travel, the traveling
Council Member shall be responsible for paying the increase in airfare
necessary to accommodate the personal part of the flight. The City shall
only pay the lowest available (other than non - refundable) airfare for the
round trip between the Seattle/Tacoma airport and the business related
destination. Such payment for a personal travel shall accompany the
City's payment to the vendor for the tickets.
(5) If changes in travel plans occur that are the result of City business
requirements, (i.e. delays in departure, cancellations, extended stays, or
revised itinerary) any associated costs shall be paid by the City.
However, all increase in cost of travel due to changes for personal
convenience will be borne by the Council Member.
(6) Officials who obtain airline tickets on their own will be reimbursed
based on the lower of: a) Actual out -of- pocket cost paid for the airline
tickets or alternate means of transportation (substantiated by a receipt);
or b) the lowest (other than non - refundable) airfare available for their
time of travel, unless an exception is granted in writing by the City
Council. In this case, the official must pay the cost of the travel and seek
reimbursement along with all other travel expenses. Direct billing of
airfare to the City is allowed only if ordered by the Purchasing Staff, as
may be authorized by the City Manager.
16.12 FIRST CLASS AIR TRAVEL
First class air travel is not authorized.
16.13 OTHER TRAVEL EXPENSES
Miscellaneous travel costs such as bus, taxi, bridge or other tolls, parking, ferry,
porter, bellman and the like (not including any maid service) are authorized by
a listing of same as provided by the reimbursement form. Payment of a
reasonable amount for porter service, bellman service and the like is considered
to be a necessary payment for such service and, therefore, reimbursable.
16.14 VENDOR'S RECEIPT
A vendor's receipt will be required only when the single item cost of this type
expense exceeds $10.00.
Local parking, ferry and bridge tolls may be reimbursed through the Petty Cash
system, subject to the Petty Cash Guidelines.
22
16.15 OUT -OF -STATE OR OVERNIGHT TRAVEL
To be eligible for any City reimbursement for out of state and /or overnight
travel expense, the one way travel distance must be greater than 50 miles from
City or home.
16.16 ACCOMMODATIONS
Reasonable hotel/motel accommodations for officials are acceptable and will be
reimbursed at a maximum of the single room rate. A vendor's receipt for this
category is required for all claims. Direct billing of hotel/motel charges is not
allowed unless by way of an authorized City credit card.
16.17 INCIDENTAL EXPENSES
Includes all reasonable and necessary incidental expenses and includes, but is
not limited to, the following.
16.18 ALLOWABLE INCIDENTAL EXPENSES
Laundry expenses if away from home four (4) or more calendar days.
Baggage checking.
Business telephone and postage expenses. Personal telephone calls home, if
away from home for more than a 24 hour duration, are considered a business
telephone expense.
16.19 NON - ALLOWABLE INCIDENTAL EXPENSES
Personal entertainment.
Theft, loss or damage to personal property.
Expenses of a spouse, family or other persons not authorized to receive
reimbursement under this policy
Barber or beauty parlor services.
Airline and other trip insurance.
23
Personal postage, reading material, telephone calls.
Personal toiletry articles.
16.20 NON - TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY
Reimbursable expenses are subiect to the following:
(1) Meals consumed by the City official during meetings and other functions
which conduct official City business or serve to benefit the City of
Federal Way are reimbursable to the official.
(2) Generally, the City will not incur costs for refreshments, and other
related items, for meetings or functions held in the normal course of
business or that are attended solely by City officials. However, such
meetings or functions wherein a municipal function, public purpose, or
City program is served or furthered, and wherein the City Council has
expressly approved the meeting as such, the City may incur such costs
directly or as a reimbursement to employees who have incurred such
costs on behalf of the City.
(3) Refreshments purchased solely for personal entertainment are not a
legitimate City expense.
16.21 CEREMONIES AND CELEBRATIONS
(1) Reasonable expenses, including food and beverage, associated with
commemorating a dedication or an unveiling that is recognized as
serving a public purpose are legitimate City expenditures.
(2) Private celebrations rather than public celebrations are not generally
considered as serving a public purpose. Refreshment, food and beverage
related costs would therefore not be recognized as legitimate City
expense.
(3) Support of a local "event" or celebration may not take the form of a
gratuitous contribution of public funds to a private person, committee or
organization. Expenditure of public funds on a publicly sponsored event
requires the existence of a recognizable public purpose that relates to the
City's existence, proper authorization from the legislative authority for
such public sponsorship, and a reasonable relationship between the
amount of the City's expenditure and the "public" nature of the event.
16.22 MEAL REIMBURSEMENT FOR NON -CITY OFFICIALS
24
Council Member claims for the reimbursement of meal costs for non -city
employees and non -city officials shall be documented by a memo authorized by
the Mayor or, in the Mayor's absence, the Deputy Mayor. The memo must
identify:
(1) The names of the individual or individuals being hosted;
(2) Their official title or capacity as it related to City business;
(3) The explanation of why this expenditure was an appropriate use of City
funds.
CLAIMS AND APPROVAL PROCEDURE
16.23 All claims shall be submitted for reimbursement using the form provided by the
City Finance Department. Travel and subsistence expenses except for incidental
and minor costs will not be paid from any Petty Cash Fund, unless as in
compliance with petty cash policy adopted by the City.
16.24 Special approvals required by this policy shall be obtained by Council
Members, from the Mayor, or in his /her absence, by the Deputy Mayor. Such
approvals shall be by separate memo which identifies the policy exception being
authorized and explains the reasons therefor.
16.25 Claims may include the reimbursable costs of other City officials who would be
entitled in their own right to claim business expenses.
16.26 Claims of Council Members must be approved by the Mayor or in his /her
absence the Deputy Mayor.
16.27 Exceptions to the expense rules for unusual circumstances may be approved at a
regular City Council meeting by a majority vote of the Council Members
present at the meeting.
16.28 In preparation of the City's annual operating budget, Council Member travel
and training expenses shall be anticipated and included in budget
appropriations. Attendance at annual conferences of municipal officials, such
as the National League of Cities or Association of Washington Cities, shall be
addressed at the time of budget adoption to reflect the numb_ er of Council
Members who will attend to represent the City.
Meetings, conventions or training programs that require expenditure of funds
to be reimbursed or paid on behalf of Council Members, and that are not
anticipated at the time of budget adoption, must be submitted to the Council for
25
approval. The request must be presented to the Council in a timely manner
prior to the event to permit an opportunity for the Council to review and
approve or deny the request based on its merit, to allow all Council Members
opportunity to discuss the appropriate Council attendance. The request shall
include: (a) Name of organization sponsoring meeting, (b) Why attendance is
requested; benefits to the City, (c) Council Member(s) to attend, (d) Location,
(e) Attendance dates, and (f) Estimated cost to the City.
16.29 A report, oral and /or written as appropriate, shall be made to the Council at a
meeting no later than two (2) weeks following said conference, seminar or
training, in order that the full Council may benefit from the training experience
received by the Council Member who attended. A record of such reports shall
be maintained by the City Clerk.
The Mayor shall make an annual State of the City report during a regularly
scheduled City Council meeting; a written report shall be made available to the
public at the time of the meeting.
The City Manager shall provide an Executive Summary following each City
Council retreat; a written report shall be made available to the public the first
working day following the retreat.
SECTION 17.
PUBLIC RECORDS
17.1 Public records created or received by the Mayor or any Council Member should
be transferred to the City Clerk's office for retention by the City in accordance
with the Public Records Act, Chapter 42.17 RCW. Public records that are
duplicates of those received by, or in the possession of the City, are not required
to be retained. Questions about whether or not a document is a public record or
if it is required to be retained should be referred to the City Attorney.
17.2 Electronic mail communications that do not relate to the functional
responsibility of the recipient or sender as a public official, such as meeting
notices, reminders, telephone messages and informal notes, do not constitute a
public record. All other messages that relate to the functional responsibility of
the recipient or sender as a public official constitute a public record.
E -mail communications that are intended to be shared among four or more
Council members, whether concurrently or serially, must be considered in light
of the Open Public Meetings Act. If the intended purpose of the e-mail is to
have a discussion that should be held at an open meeting, the electronic
26
discussion should not occur. Further, the use of e-mail communication to form
a collective decision of the Council violates the Open Public Meetings Act.
SECTION 18. CITY MANAGER EVALUATION
PROCESS
18.1 The Mayor, Council Members and City Manager will determine the evaluation
criteria and format for the process.
18.2 After the criteria have been developed, the Council Members need to concur on
when the completed evaluation forms are due and who will collect these
documents.
18.3 Council Members need to discuss and decide if the Mayor and one (1) or more
Council Members should meet prior to the actual evaluation; this meeting
would allow time to summarize the comments; also, this sub - committee (of less
than a quorum) could determine recommendations for the City Manager's
employment contract amendments, including, but not limited to, salary,
performance payment, cost -of- living increase; the sub - committee can make a
recommendation to the entire Council at the time of the evaluation.
18.4 Copies of the City Manager's current employment contract shall be made
available to the entire Council.
18.5 At the evaluation session, the summary comments may be given, as well as
individual comments by Council Members; the City Manager may wish to
respond which is usually at the conclusion of the Council comments; the City
Manager's contract should be discussed and any recommendations may be
concurred to by the Council.
18.6 The evaluation is held in Executive session. Attendance is limited to the Mayor,
Council Members, City Manager and City Attorney.
18.7 The final step of the City Manager evaluation process is to have the City
Attorney prepare amendments, if any, to the City Manager's employment
contract. This contract needs to be approved as a Consent Agenda item at a
Council meeting.
18.8 The Mayor shall prepare a press release no later than the next working day
following the Executive Session regarding the results of the evaluation.
27
SECTION 19.
MAYOR/DEPUTY MAYOR SELECTION
PROCESS
19.1 The Mayor and the Deputy Mayor shall be nominated and elected from the
ranks of the sitting Council Members.
19.2 The Mayor and Deputy Mayor shall be elected for two (2) year terms at the first
Regular City Council meeting in January of the applicable year, by a majority
vote of the City Council in accordance with RCW 35A.13.030 and .035.
19.3 The City Clerk or designee shall conduct the election for Mayor. The Mayor
shall then conduct the election for the Deputy Mayor. (See Appendix "A" to
these Rules.)
SECTION 20. CITY ADVISORY COMMITTEES
20.1 Federal Way's commissions, committees and task forces provide an invaluable
service to the City. Their advice on a wide variety of subjects aids the Mayor
and Council Members in the decision - making process. Effective citizen
participation is an invaluable tool for local government.
20.2 These advisory bodies originate from different sources. Some are established by
ordinance while others are established by motion of the City Council. It is at the
discretion of the Council as to whether or not any advisory body should be
established by ordinance.
20.3 Federal Way advisory bodies bring together citizen viewpoints which might not
otherwise be heard. Persons of wide - ranging interests who want to participate
in public service but not compete for public office can be involved in
governmental commissions, committees and task forces. These bodies also serve
as a training ground or stepping stone for qualified persons who are interested
in seeking public office.
20.4 As Federal Way advisory bodies have been formed since incorporation, the
adoption of uniform rules of procedure is necessary to assure maximum
productivity. The following policies govern the City's advisory groups; some of
these advisory groups may have more specific guidelines set forth by ordinance,
resolution, the Federal Way City Code, or at times by state law.
pill
20.5 Every advisory body, when it is formed, will have a specific statement of
purpose and function, which will be re- examined periodically by the City
Council to determine its effectiveness. This statement of purpose is made
available to all citizen members when they are appointed.
20.6 The size of each advisory group is determined by the City Council and the size is
related to its duties and responsibilities. Another determination to be made
prior to formation, is the cost impact for City staffing a proposed advisory body.
20.7 The Council may dissolve any advisory body that, in their opinion, has
completed its working function or for any other reason.
20.8 Members and alternate members of all advisory bodies are appointed by
majority vote of the Council Members during a regularly scheduled meeting.
20.9 The Council Committee of the Whole shall be convened to review, interview
and recommend Citizen Advisory Committee appointments to the City Council.
Any Council Member who shall attend the public interview session shall be
eligible to vote on the recommendation to be made to the full Council. A
quorum of three (3) Council Members shall be required to forward any
recommendation to the full Council. The full City Council shall vote on the
appointments to the Citizen Advisory Committee at a regularly scheduled
Council meeting.
20.10 The City Council may approve reappointment of citizens wishing second terms
subject to any limits established by ordinance or other laws.
20.11 Council Members will raise any concerns about any recommendation prior to
the City Council meeting that is scheduled for the approval of the appointment.
20.12 Vacancies are advertised so that any interested citizen may submit an
application. Applicants must be citizens of the City of Federal Way if required
by the Federal Way City Code or if required by the City Council. Council
Members are encouraged to solicit applications from qualified. citizens.
Applications shall be available from the Office of the City Clerk.
20.13 Lengths of terms vary from one advisory body to another, but in all cases
overlapping terms are intended. On special work task forces, where a specific
project is the purpose, there need not be terms of office.
20.14 Newly appointed members will receive a briefing by the commission, committee
or task force chairperson and /or City staff, regarding duties and responsibilities
of the members of the advisory body. This will include a review of the City of
Federal Way Ethics Code. Each newly- appointed member will receive an
29
information packet which will include a Certificate of Appointment signed by
the City Council, a commission, committee or task force membership list,
responsible City staff member, statement of purpose for the advisory body
which may include an ordinance, resolution, bylaws, or annual work program
and a copy of the City of Federal Way Ethics Code.
20.15 All advisory bodies will be responsible for adopting their operating policies
consistent with the establishing resolution or ordinance.
20.16 All meetings of advisory bodies are open to the public in accordance with the
public meeting laws of the State of Washington which requires a minimum 24-
hour advance notice; no advisory committee will schedule a meeting earlier than
7:00 a.m.
20.17 The number of meetings related to business needs of the advisory group may be
set by the individual body, unless set forth in a resolution or ordinance. Notice
of all meetings, including date, time, place and principal subjects to be discussed
will be published in accordance with the public meetings laws of the State of
Washington and the policies of the City of Federal Way.
20.18 The advisory body chairperson will be responsible for coordinating the meeting
agendas with the appropriate City support staff.
20.19 Minutes will be kept of all meetings in accordance with the public meeting laws
of the State of Washington. The appropriate City support
staff will be responsible for preparation of the minutes of each advisory
committee meeting.
20.20 Excessive absenteeism, excluding illness or required travel, is cause for the
removal of an advisory body member. Three (3) consecutive absences will be
considered resignation from the body unless prior to the third absence, the
member has requested, and been granted, an excused absence. The advisory
body granting the excused absence will determine the validity of the request.
20.21 Members may resign at any time their personal circumstances change to
prevent effective service.
Members may be removed, from any advisory committee, prior to the
expiration of their term of office, by a majority vote of the City Council.
20.22 A quorum for conducting business is a simple majority of the membership of the
advisory body.
30
20.23 All members of advisory bodies should be aware of the need to avoid any
instance of conflict of interest. No individual should use an official position to
gain a personal advantage.
20.24 Lobbying efforts by any advisory bodies on legislative,_ or political, matters
should first be checked for consistency with existing City policy by contacting
the City Manager's office. In the event a position is taken that differs from that
of the City's policy, an advisory body acting as an official body of the City of
Federal Way, cannot represent that position before another body, i.e., the State
Legislature or the King County Council. An individual member is free to voice
a position, oral or written, on any issue as long as it is made clear that he or she
is not speaking as a representative of the City of Federal Way, or as a member
of his or her commission, committee or task force.
20.25 Members of advisory bodies are encouraged to attend City Council meetings to
keep abreast of Council actions.
20.26 The City Council transmits referrals for information or action through the City
Manager to the advisory groups. These advisory groups transmit findings,
reports, etc., to the City Council through the City Manager.
20.27 While the City staffs role is one of assisting the commission, committee or task
force, the City staff members are not employees of that body. The City staff
members are directly responsible to his or her Department Director and the
City Manager.
20.28 Annually, each advisory committee shall develop a work program for the City
Council's consideration and approval. The City Council may amend the
committee's work program.
SECTION 21. COUNCIL COMMITTEES
21.1 Council committees are policy review and discussion arms of the Council.
Committees may study issues and develop recommendations for consideration
by the Council. Committees may not take binding action on behalf of the City
unless a quorum of the City Council is present, the Council Committee has been
advertised as a Special Meeting of the Whole City Council and, by majority
vote, the City Council has directed that such action occur at the Council
Committee.
Council Committee structure shall be as determined by the City Council in
January of each year. The 1999 committees are as follows:
31
FINANCE/ECONOMIC DEVELOPMENT /REGIONAL AFFAIRS
COMMITTEE
LAND USE/TRANSPORTATION COMMITTEE
PARKS/RECREAT- -ION /HUMAN- SERVICES &PUBLIC- SAFETY.._.
COMMITTEE
21.2 Committees shall establish regular meeting schedules as determined by the
Chair of the Committee in consultation with the Committee members.
21.3 Each committee will have staff support assigned by the City Manager. Staff will
work with the committee chairs to set agendas, provide support materials and
prepare reports.
21.4 Summaries of each meeting will be prepared by staff and distributed to the
Mayor and Council Members. These summaries will be in lieu of verbal reports
at Council meetings.
21.5 The City Manager or Mayor may send issues directly to committees for their
review in lieu of being referred to committee by the entire Council.
21.6 Committee appointments (chairs and members) shall be made by the Mayor.
The Mayor will take into account the interests and requests of individual
Council Members in making committee assignments.
21.7 Membership of each committee will consist of three (3) Council Members.
Council Members are expected to attend a majority of each respective
committee meetings for each calendar year.
21.8 The Mayor shall be an "ex officio" member of each committee. The Deputy
Mayor may serve as "ex officio" or be appointed to a committee.
21.9 The Mayor will make committee assignments each January, with members
serving one (1) year terms. The Mayor has the discretion to appoint or remove
Committee members at any time.
SECTION 22. FILLING CITY COUNCIL VACANCIES
22.1 PURPOSE
The purpose of this section is to provide guidance to the City Council when a
Federal Way Council Member position becomes vacant before the expiration of
32
the official's elected term of office. Pursuant to state law, a vacancy shall be
filled only until the next regular municipal election, to serve the remainder of
the unexpired term.
22.2 _ REFERENCES_
RCW 42.30.110(h) - Executive Session Allowed to Consider Qualifications of a
Candidate for Appointment to Elective Office.
RCW 42.30.060 - Prohibition on Secret Ballots.
RCW 42.12 - Vacant Position.
RCW 35A.13.020 - Vacancies - Filling of Vacancies in Council/Manager Form of
Government.
22.3 APPOINTMENT PROCESS
(1) A Council position shall be officially declared vacant upon the
occurrence of any of the causes of vacancy set forth in RCW 42.12.010,
including resignation, recall, forfeiture, written intent to resign, or death
of a Council Member. The Council Member who is vacating his or her
position cannot participate in the appointment process.
(2) The City Council shall direct staff to begin the Council Member
appointment process and establish an interview and appointment
schedule, so that the position is filled at the earliest opportunity.
(3) The City Clerk's Office shall prepare and submit a display
advertisement to the City's official newspaper, with courtesy copies to all
other local media outlets, which announces the vacancy consistent with
the requirements necessary to hold public office: that the applicant (a)
be a registered voter of the City of Federal Way, and (b) have a one (1)
year residency in the City of Federal Way. This display advertisement
shall be published once each week for two (2) consecutive weeks. This
display advertisement shall contain other information, including but not
limited to, time to be served in the vacant position, election information,
salary information, Council Member powers and duties, the deadline
date and time for submitting applications, interview and appointment
schedules, and such other information that the City Council deems
appropriate.
(4) The City Clerk's Office shall prepare an application form which
requests appropriate information for City Council consideration of the
33
applicants. Applications will be available at City of Federal Way offices,
King County libraries located in Federal Way, the Federal Way
Chamber of Commerce office, the Federal Way School District
administration office and such _other locations that the City Council
__deems appropriate. Copies of the display advertisement will be provided
to current members of City of Federal Way commissions, committees,
task forces and other City- sponsored citizen groups.
(5) Applications received by the deadline date and time will be copied and
circulated, by the City Clerk's Office, to the Mayor and City Council.
Packets may also contain additional information received such as
endorsements, letters of reference and other pertinent materials.
(6) The City Clerk's Office shall publish the required public notice(s) for the
meeting scheduled for interviewing applicants for consideration to the
vacant position. This meeting may be a regularly scheduled City Council
meeting, or a special City Council meeting.
(7) The City Clerk's Office shall notify applicants of the location, date and
time of City Council interviews.
(8) Prior to the date and time of the interview meeting, the Mayor shall
accept one interview question from each Council Member.
22.4 INTERVIEW MEETING
Each interview of an applicant/candidate shall be no more than 30 minutes in
length as follows:
(1) The applicant shall present his or her credentials to the City Council. (10
minutes)
(2) The City Council shall ask the predetermined set of questions which
must be responded to by the applicant. Each applicant will be asked and
will answer the same set of questions, and will have 2 minutes to answer
each question. (14 minutes)
(3) An informal question and answer period in which Council Members
may ask and receive answers to miscellaneous questions. (10 minutes)
(4) The applicants' order of appearance will be determined by a random lot
drawing performed by the City Clerk.
(5) The Council may reduce the 30- minute interview time if the number of
applicants exceed six (6) candidates, or alternatively, the Council may
elect not to interview all of the applicants if the number exceeds six (6)
34
candidates. The decision as to which applicants to interview will be
based on the information contained in the application forms.
22.5 - - VOTING- - - - - -- - -- - - - -- — - -
Upon completion of the interviews, Council Members may convene into
Executive Session to discuss the qualifications of the applicants. However, all
interviews, deliberations, nominations and votes taken by the Council shall be in
open public session.
(1) The Mayor shall ask for nominations from the Council Members for the
purpose of creating a group of candidates to consider. No second is
needed.
(2) Nominations are closed by a motion, second and majority vote of the
Council.
(3) Council Members may deliberate such matters as criteria for selection
and the nominated group of candidates.
(4) The Mayor shall poll Council Members to ascertain that Council
Members are prepared to vote.
(5) The City Clerk shall proceed with a roll -call vote.
(6) Elections will continue until a nominee receives a majority vote of the
remaining Council members.
(7) At anytime during the election process, the City Council may postpone
elections until a date certain or regular meeting if a majority vote has not
been received.
(S) Nothing in this policy shall prevent the City Council from reconvening
into Executive Session to further discuss the applicant/candidate
qualifications.
(9) The Mayor shall declare the nominee receiving the majority vote as the
new Council Member and shall be sworn into office by the City Clerk at
the earliest opportunity or no later than the next regularly scheduled
City Council meeting.
(10) If the City Council does not give a majority vote within 90 days of the
declared vacancy, the Revised Code of Washington delegates
appointment powers to King County.
35
SECTION-23. MISCELLANEOUS
23.1 When Council Members register to attend an official conference requiring
voting delegates, such as the annual National League of Cities or Association of
Washington Cities, the Council shall designate the voting delegate(s) and
alternate voting delegate(s) during a public meeting, by a majority vote; when
possible, said selection of voting delegate(s) shall be done on a rotating basis for
the purpose of allowing all Council Members the opportunity to be an official
voting delegate.
SECTION 24.
SUSPENSION AND AMENDMENT OF
RULES
24.1 Any provision of these rules not governed by state law or ordinance, may be
temporarily suspended by a two- thirds (2/3) majority vote of the Council.
24.2 These rules may be amended, or new rules adopted, by a majority vote of the
Council.
KADOCUM ENMCR UL ES.2004
02/23/04
36
APPENDIX "A"
MAYOR/DEPUTY MAYOR ELECTION PROCESS
(1) Any Council Member may nominate a candidate; no second is needed.
(2) Nominations are closed by a motion, second and 2/3 vote of Council.
(3) If only one (1) nomination is made, it is appropriate to make a motion and obtain a
second to instruct the City Clerk to cast a unanimous ballot for that nomination.
Approval is by majority vote of Council Members present.
(4) If more than one (1) nomination is made, an open election is conducted by roll call vote.
(5) To be elected, the nominee needs a majority vote of the Council.
(6) Elections will continue until a Mayor and Deputy Mayor are elected by a majority vote
of the Council.
(7) The City Clerk shall declare the nominee receiving the majority vote as the new Mayor.
The new Mayor shall declare the nominee receiving the majority vote as the new
Deputy Mayor. The Clerk shall swear the individuals into office.
37