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Council PKT 03-02-2010 SpecialCITV OF ,,.�. Federat Way AGENDA FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall March 2, 2010 — 5:30 pm www. cifyoffederalway. com 1. CALL MEETING TO ORDER 2. PRESENTATIONS Mayor —Council Form or Government: Roles and Relationship between Mayor and Council; Council Delegate authority to Mayor, Purchasing Policies, Settlement of Claims, Set Council Meeting Agendas, Council Committees —appointments, etc., Appointments to various regional committees/boards, Boards/entities created via interlocal agreement (SCORE, Valley Com), Rules of Procedure, Code of Ethics. 3. EXECUTIVE SESSION Potential Litigation Pursuant to RCW 42.30.110(1)(i) 4. ADJOURNMENT COUNCIL MEETING DATE: Study Session March 2, 2010 CITY COUNCIL t�GENDA BILL ITEM #:�_ SUBJECT: ROLES AND RELATIONSHIPS BETWEEN ELECTED MAYOR AND COUNCIL POLICY QUESTION: SHOULD THE CITY COUNC[L MODIFY COUNC[L RULES OF PROCEDURE, THE PURCHASING POL[CIES, THE CODE ETHICS, AIYD MODIFY OR REPEAL CERTAIIV RESOLUT[ONS TO EORMALLY ESTABL[SH THE ROLES AND RELAT[ONSHIPS BETWEEN THE ELECTED MAYOR AND COUNCIL� COMMITTEE: CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: ❑ Public Hearing � Other STAFF REPORT BY: PAT RICHARDSON, CITY ATTORNEY DEPT: Law Attachments: (1) Staff report; (2) the Council Rules of Procedure with proposed changes; (3) certain sections of the Purchasing Policies; and (4) the Code of Ethics with proposed changes. Options Considered: 1. Modify Council Rules of Procedure, applicable sections of the Purchasing Policies and Code of Ethics as proposed; and direct the Ciry Attorney to draft resotutions as directed by Council delegating responsibilities to the elected mayor to present at a future City Council meeting. 2_ Direct the City Attorney to modify the documents or draft certain documents to present at a future City Council meeting. STAFF RECOMMENDATION N/A CITY MANAGER APPROVAL: CITY OF FEDERAL WAY � DIRECTOR APPROVAL: �� //�/�,�._ Committee Couacil COI�iMITTEE RECOMMENDATION N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOT[OtY "1 move approval of Option " (BELOW TO BE COMPLETED BY CITY CLERKS OFFlCEJ COUNCIL ACTION: � APPROVED COUNCIL BILL # ❑ DENIED t reading ❑ TABLED/DEFERRED/N0 ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REV{SED-02/06/2006 RESOLUTION # � �„ s�,, . , ,. � ,. �r �s CITY ATTORNEY'S OFFICE MEMORANDUM DATE: FEBRUARY 23, 2010 TO: COUNCIL MEMBERS CC: BRIAN WILSON, CITY MANAGER FROM: PATWCIA RICHARDSON, CITY ATTORNEY Q'� �" SUBJECT: ROLES AND RELATIONSHIPS BETWEEN MAYOR AND COUNCIL Wlule the January 5, 2010 Study Session addressed the statutory authoriries and duries, this session is designed to address other areas for conducting Ciry business and update documents to delete references to city manager, which position will no longer e�st once the elected mayor assumes office. There may be other areas that relate to additional roles and relationships between the Mayor and Council members not yet identified in documents. The following are basic documents to begin the process. Council members may choose to modify, add or delete some of the following items. COUNCIL RULES OF PROCEDURE The Council Rules of Procedure ("Rules") prescribe the way of conducting City business under the Council-Manager form of government. The attached tahle shows how the Rules can be updated to fit the Mayor-Council form of government. 1. All references to Ciry Manager are deleted. 2. When the Rules address administrative duties previously performed by tlie City Manager, "Mayor" has replaced it. In three sections "Mayor" was inserted to reflect the elective position. 3. "Mayor" was deleted in two sections, plus Appendix "A", to reflect the distinction between the Executive branch and the Legislative branch of government. 4. The term "Deputy" was inserted before Mayor in seven secrions thereby assuming some of the legislative responsibilities that the mayor under the Council-Manager form of government performed — again distinguishing between the Executive branch and the Legislative branch. Direc•tion to Ci� Attorne�. Modify the Rules of Procedure as indicated, but do not present a proposed resolution implementing the changes until after the general election, November 2, 2010. Other. DELEGATION OF AUTHORITY Council recognized that it was not efficient to delay Ciry business for Council approval of every action, and officially delegated some specific authority to the Ciry Manager or to the Finance Director. 1. Purchasing Policies. The Finance Director is designated as the administrator of the Purchasing Policies. However, the City Manager was given the authority ta A. Approve all professional services agreements — Chapter 4 B. Approve comperirive bid contracts below $20,000 — Chapter 1 C. Address bid irregularities or errors — Chapter 5 D. Purchase items for emergenry — Chapter 2 E. Change orders on public works contracts — Chapter 5 F. Deterinuie an appeal of bid protests on public works contracts Directfon to Cit� Attorne�. Modify the Purchasing Policies to replace "Ciry Manager" with Mayor, but do not present a proposed resolution unplementing the changes until after the general election, November 2, 2Q10. _. _ __,_ Other. 2. Property Documents Related to Cit� Business — Resolution No. 02-372 When the City requires an easement, or dedicated track of land as part of the development approval process, Council authorized the City Manager to execute the necessary documents. ' Direction to Cit� Attorn� Modify Resolution No. 02-372 to replace "City Manager" with Mayor, but do not present a proposed resolution implementing the changes until after the general election, November 2, 2010. Other. 2 3. Settle Claims Up to $25,000 — Resolution No. 08-543 Council authorized the City Manager to settle claims for damages up to $25,000. Setdements above that amount require Council authorization. This does not necessarily apply to those claims settled by the insurance carrier. Direc•tion to Ci� Attorn� Modify Resolution No. 08-543 to replace "City Manager" with Mayor, but do not present a proposed resolution implementing the changes until after the general election, November 2, 2010. Other. UPDATE POLICIES Two resolutions have been identified for updating when the Mayor-Council form of government becomes effective: (1) Resolution No. 09-543 — succession in times of emergenry should delete any reference to the city manager; and (2) Resolution No. 08-525 — signature authoriry regarding monetary items should be modified to replace city manager with mayor. Direc•tion to Ci� Attorne�.� Modify Resolution Nos. 09-543 and 08-525 to replace "City Manager" with Mayor, but do not present a proposed resolurion implementing the changes until after the general election, November 2, 2010. Other. CODE OF ETHICS The Code of Ethics essentially mirrors State law. The proposed revisions delete references to the City Manger, and separate the Mayor from Council members as it is a separately elected posirion. Direc•tion to Citv Attorne�.� Modify the Code of Ethics to replace "City Manager" with Mayor and to insert Mayor in reference to elected position, but do not present a proposed resolution unplementing the changes until after the general election, November 2, 2010. Other. ATTENDANCE AT OUTSIDE MEETINGS Staff has idenrified two enriues created via interlocal agreements that provide the mayor will attend and represent the City: (1) SCORE; and (2) Valley Com. There are many more outside/regional coinmittees that Council members attend, which are not identified via an interlocal agreement and are not specifically identified in State law. The table listing additional committees is attached. Kent and Renton both are under the Mayor-Council form of government, and indicated that their council and mayor collaboratively decide whom should represent the city at designated meetings. Council and the elected Mayor can deeide who should attend withaut formal resolutions if desired. UPDATE FEDERt�L WAY REVISED CODE The city rnanager is referenced throughout the Federal Way Revised Code. The Code will need to be updated to replace city manager with mayor. The extent of this revision is not known at this time. A proposed ordinance referencing the change of government and the replacement of "ciry manager" with "mayor" wi11 suffice as Staff works through each section. This housekeeping ordinance can be brought before Council closer to the November election. K:\cm\electedmayor\staff reports\roles&relationships(2) 4 COUNCIL RULES DELETE CM REPLACE CM INSERT DELETE INSERT W/ MAYOR MAYOR MAYOR "DEPUTY" MAYOR Index - Section t $ Section 2 Section 2 Section 2 Section 2 2.1(2) 2.1(5) 2.1(6) 2.2(3) 2.1(3) � 22(10) � 2.1(4) 2.2(3 ) Section 3 Section 3 Section 3 3.2(4) 33 3.1 Section 5 5.3 Section 6** 6.19 Section 7** 7.5 Section Section 9 93 99 Section i 0 Section 10 Section ] 0 10.1 L0.1 10.1 Section i l 11.3 Section 15 Section 15 15.2 I52 Section 16 16S 16.11(6) 16.27 Section 18 - all Section 18 - references to CM; seiection of renumbered De u Mayor Section 19 Section 19 Section 19 19.24 19.1 19.12 19.26 i 9.27 Section 20 Section 20 Section 20 20.3 20.8 20.5 20.6 20.9 Section 21 Section 21 21.1 21.3(8) 2 L3 ( ) &(2) Appendix :< �� Section 2.4 - seating configuration addressed to add a seat at the dais for a total of 8. CITY OF FEDERA.L WAY CITY COUNCIL RULES OF PROCEDURE ADQPTED JANUARY 21,1992 Amended March 17, 1992 ' May 29,1992 July 21,1992 December 15,1992 Apri120,1993 January 18,1994 June 7,1994 September 21,1994 December 6,1994 November 16,1999 February 19, 2002 February19,2003 Apri16, 2004 March 7, 2006 May I5, 2007 September 18, Z007 March 3, 2009 February 16,20I0 OFFICE OF THE CITY CLERK INDEX SECTION NO. 1 2 3 4 5 6 ? 8 9 10 11 l2 13 14 15 16 TITLE Authority Council Meetings Agenda Preparation Council Discussion Citizen Comment Motions Ordinances Mayor and Deputy Mayor Coancil Relations with City Staff Council Meeting Staffing Council Member Attendance at Meetings Public Hearings Media Representation at Council Meetings Council Representation Confidentiality Council Travel & Expenses PAGE NO. 4 4 8 9 1Q 10 12 13 14 15 15 16 17 17 18 18 2 SECTION NO. 17 18 �9 19�8 2U� 21� 22� 23�L TITLE PAGE NO. Public Records 26 Mayor/Deputy Mayor Selectian Process 27 City Advisory Committees 2� Council Committees 31 Filling City Council Vacancies 32 Miscellaneous 35 Suspension and Amendment of Rules 35 3 SECTI4N 1. AUTHORITY 1.1 The Federal Way City Council hereby establishes the follawing Rules of Procedure {"Rules") for the conduet of Councit meetings, proceedings and business. These Rules shall be in effect upan adoption by the Council and until such time as they are amended or new Rutes adopted in the manner provided by these Ru1es. SECTION 2. COUNCIL MEETINGS 2.1 TYPES OF MEETINGS (l) Re�ular 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 tl�e hour of 7:00 p.m., and will adjourn no later than 10:00 p.m. To continue past this time of adjournment, a rnajority 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) Suecial Meetings A Special meeting is any Council meeting other than a Regular Council meeting. Notice shall be given at least 24 haurs 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, r;�= "'�°"°�°r or at the request of a majority of the Council Members. {3} Studv Sessions Council's Study Sessions will be held, when needed, as follows: Study sessions may be called by the Mayor, r'�*�� "'��n°�:.� or by two (2) or more Council Members. � 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 C-� �4c�� will determine on-going dedicated schedules for regular Study Sessions. No final decisions can be made at a Study 5ession. Decisions on those issues will be scheduled for a Regular or Special Council meeting. (4) Emer�encv Meetin�s An Emergency meeting is a Special Council meeting catled 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 likeiihood of such injury or damage. Emergency meetings may be called by the E:i��e�-e� the Mayor or '*� }h° ^^°..°"+ ^` 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, £-�-��t�e�Mayor and authorized staff members and/or consultants authorized b the �"�'�• "'r°�e�1VIayor• The public is ( Y 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 weekead of January. Council may request the Mayor�f€ ta schedule a mid-year � retreat at its discretion. 5 2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA (1) Call Meeting To Order The Mayor calls the meeting ta order. The Mayor will announce the attendance of Council Members and indicate any Council Memberwho 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) Pled�e of Allegiance Counci� Members and, at times, invited gvests tead the flag salute. (3) Proctamations and Presentations A Proclamation is defined as an official announcement made by either the City Council or the Mayor. � eity 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 ��ge�De�autv Nlayor shall determine if the Proclamation request is for a City Council Proclamation or a Mayar's Proclamation. Controversy is defined as a dispute, especially a lengthy and public one, between sides holding opposing views. �res (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. Comments are Iimited to three (3) minutes, except that for a person �whose property is the subject of a condemnation ordinance then pending before the City Councii, 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 allaw citizens ta comment on individual agenda items at times during any regularly scheduled City Council meeting other than #he regularly scheduled Citizen Comment period. These agenda items include, but are not limited to, ordinances, resolutions and Council Business issues. {See atso Section 5, "Citizen Comment" of these Rules.) (5) Consent Agenda Consent Agenda items have either been fully considered by a City CounciI 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 Hearin�s See Section 12 of these Rules for discussion of public hearing procedure. (7) Council Business Council Business items are usually those items ather than resolutions and ordinances requiring Councii action. (8) Introduction and First ReadinS 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 Councii Members may report on significant activities since the last meeting. (10} r;*� , • , z� „ °°°� - Mavor Renort The MayorC—�l[a�ege� and staff update the Council Members on current issues or items of Council interest. (11) Adiournment 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 Cauncil ut accordance with the statutory requirements, and proceedings will be entered into a minute book constituting the official record of the Councii. 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 witl be determined as foliows: (1) The Mayor and Deputv Mayor shall sit in Chairs #4 and #5, the center seats at the dais, ' � � r'��; and (2) The remaining Council Members will be seated north to south by position #1 thraugh #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 th Deputv Mavor. : (1) A majority vote of the Council; (2} Council consensus; (3) By any two (2) CounciT Members; � _ + {�-} By a Council Cominittee; or (�� 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 ��+1��ge�lVlayor � explains the necessity and receives a majarity vote of the Council at a public meeting. 3.4 The City Clerk wilt 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 V�ednesday, 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 E SECTIOl� 5. �ITIZEN 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 aadressed to the Council as a whole, and not to individuai 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 lawfui 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 ' � Mavor, 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, the 1Vlavor 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 b.2 6.3 6.4 If a motion does not receive a second, it dies. MoNons that do not need a second include: Nominations, withdrawai of rnotion, agenda order, request for a roll call vote, and point of order. A motion that receives a tie vote is deemed to have failed. When making motions, be clear and concise and not include arguments for the motion within the motion. After a motion and second, the Mayor wili indicate the names of the Council Members making the motion and second. 1D 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 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. 6.9 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 af the motion; is not amendabie, 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. 11 Motions that cannot be amended include: Motion to adjourn, agenda order, lay on the table, roll call vote, point af order, reconsideration and take from the table. A motion to amend an amendment is not in order. 6.13 Amendments are voted on first, then the main motion as ainended (if the amendment received an aff rmative vote). 6.14 The motion maker, Mayor or City Clerk should repeat the motian prior to voting. 6.15 At the conclusion of any vate, the Mayor will announce the results of the vote. 6.16 When a question has been decided, any Cauncil Member who voted in the majority may move for reconsideration, but no motion for reconsideration of a vote shall be made after the meeting has adjourned. 6.1? 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 roli call votes on each action item. � 6.19 The ��i-t3r��#3€��Mavor'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 rutes of speaking, the priority of basiness, or if the appeal is made while the previous question remains pending. In the event of a tie vote, the Mayor may vote unless the matter is an ordinance, �ran#, revocation of franchise or license, or resolution for payment of muneY . . . An appeal is not in order when another appeal is pending. SECTION 7. ORI�INANCES 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 12 a majority of the Council, or requested by the ��=-A��Mayor or Cit3' � Attorney. ?.2 Ordinances will be introduced and enacted l�y a Councit Bill Number. After enactment, the City Clerk shall assign a permanent ordinance number. 7.3 The City Clerk or designee shall read t�e 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 If the Mayor obiects to the ordinance and notifies the Council of the obiections, the Council mav vote on the disputed ordinance at the next City Council meeting. If a maiority of the Council plus one vote to approve the disputed ordinance, it bect�mes effective in accordance with the effectir e date in the ordinance. If a maioritv of the Council plus one do not approve the disnuted ordinance, it fails. 7.6 � Ordinances, or ordinance summaries, shaii be published in the official newspaper, as a legal publication, immediately foltowing enactment. 7.67 Ordinances become effective thirty (30) days after the passage of the ordinance unless otherwise specified. SECTION 8. MAYOR AND DEPUTY MAYOR $.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 I)eputy Mayor. 8.2 The Presiding Officer shall: (1) Preserve order and decorurn 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; 13 (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. SECTIO�N 9. COUNCIL RELATIONS WITH CITY STAFF 9.1 There wilt be mutual respect from both City staff and Council Mem6ers 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 individnal Council Members � shali be submitted by City staff, after approval of the r'�';� "'�°°°�°"Mayor, to all Council Members with a notation indicating which Council Member requested the information. 9.4 Cauncil 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 persanal and/or confidential. IC! 9.8 No Council Member shall direct the Mayo 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 impiementation 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 r;+., M �n n �or Mayor, If the request would create a change in work assignments or City staffing levels, the request must be made through the �-��a�ge�Mayor. 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 ta a public meeting, if possible. 9.11 Council recognizes the unique status of employees represented by labor unions, and will refrain from meeting with those employees during negotiations in order to prevent any misunderstandings or the perception of circumventing the formalized, statutory negotiation process. This section does not apply to candidate endorsement interviews or other political forums. Staff will notify Council by t�pril I of the year in which all collective bargaining agreement will expire. It is the responsibility of the candidate to promptly notify the City Attorney of any interview and/or contact by the union representatives. SECTION 10. COUNCIL MEETING STAFFING 10.1 The ' MaYOr shall preside over �ea� all regular meetings of the Council unless excused. The E'it�4�age�-Mayor may make recommendations to the Council r° �",* °�°" �'°°° "^ °^*°. When the �';'_, �'�^~^'�°�'M has an excused � absence, the Deputv Mavor shall rp eside overa�e�� 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. 15 SECTION 11. COUNCIL MEMBER ATTENDANCE AT MEETINGS 11.1 EXCUSED ABSENCES Excused absences are defined as foilows: (1) Death af immediate familv member "Immediate family members" are defined as: spouse, child, parents, siblings, grandparents, father and mother-in-law, or daughter and son- 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 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 tra�c, weather, accident. 11.2 VACANCY OF OFFICE A Councit position shall become vacant upon three (3) consecutive unexcused absences or more than three (3) nanconsecutive absences as defined in Section 11.1(3). {RCW 35A.12.060) � 11.3 Council Members will inform the 1Vlayor, the Deputv Mavor„ *'�° r;+., " 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. 16 SECTION 11. COUNCIL MEMBER ATTENDANCE AT MEETINGS 11.1 EXCUSED ABSENCES Excused absences are defined as follows: (1) Death of immediate familv member "Immediate family members" are defined as: spouse, child, parents, siblings, grandparents, father and mother-in-law, or daughter and son- in-law. (2) Illness Illness of a Council member or of an immediate family member, as defined a6ove, requiring the member to personally attend and care for 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 calendaryear 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 Conncil position shall become vacant upon three {3) consecutive unexcused absences or more than three (3) noncansecutive absences as defined in Section 111(3). (RCW 35A.12.060) � 11.3 Council Members will inform the Mayor, the Deuuty Mayor„ e� 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. 16 SECTION 12. PUBLIC HEARINGS 12.1 TYPES There are two types of pubiic hearings: legislative and quasi-judiciai. Tbe 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 pablic hearing is to obtain public input on legislative decisions on matters of policy, including without timitation, review by the City Council of its comprehensive land use plan or the biennial budget. 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 inciude, without limitation, certain land use matters such as site specific rezones, preliminary ptats, 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 atl 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 (ontside the hearing) communications, ownership of property in the vicinity, business deatings with the proponents and/or opponents before or after the hearing, business dealings of the Council member's employer with the proponents and/or oppanents, 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 17 opinion of the City Attorney, which will be communicated to the Council member and the Mayor. SECTION 13. MEDIA REPRESENTATI41`�T AT COUNCIL MEETINGS 13.1 All public meetings of the City Council, Councit 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 spaee shall be provided for the media at each public meeting. SECTION 14. CQUNCIL REPRESENTATION 14.1 If a Council Member appears on behalf of the City before another govemmental 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 the Council, if known, on such issue. Personal opinions and comments which differ from the Councii 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' concnrrence 6efore 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. SECTION 15. CUNFIDENTIALITY 15�.I Council Members shall keep confidential alI written materials anc� verbal informatian, 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. Confidentiatity 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.Q70(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 C-� �4-a�age�maiority of Council prior to discussing the information with anyone other than other Council Members, the Mayor, the City Attorney or City staff designated by the ��Mayor. Any Council Member having any contact or discussian needs ta make fuli disciosure to the r:� ""°��-^�- °°��^�- t�e-City Councii 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. SECTION 16. COUNCIL TRAVEL AND EXPENSES 16.1 PURPOSE AND ADMIIYISTRATION The objectives of this policy are ta pravide etected 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 Covncil wherein reimbursement wili 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 Eity 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 BOCUMENTATION Except for per diem allowances, no claim far reimbursement shall be paid uniess 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 19 Claims for reimbursement shall contain the following: {l) 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 claun and the pnblic palicy or public purpose served. 16.4 MEALS Meal costs must be incurred directly by the claimant; direct billing to the City by a restaurant is prohi6ited except by way of an authorized City credit card. Reasonable payment for table service at a restavrant, commonly referred to as a tip, is reimbursable as a reasonable and necessary cost for such service. 16.5 PER DIEM SCHEDULE OF REIMBURSABLE MEAL COSTS The reasonable cast 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 per diem rate as established b� the r'°*�• "'��H�°� and modified from time to time. Notwithstanding the foregoing index, actual meal costs may be claimed when they are part of a regutarly scheduled business event such as training seminar, professional meeting, or other business meeting. If the costs of ineals for persons other than the claimant are included, unless otherwise approved by the ' Mavar or designee, those persons must be entitled to meal reimbursement in their own right and they shall be Iisted 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. I6.7 TRAVEL 20 Reimbursement for reasonable costs of business travel is authorized. General guidelines are as foliows. i6.8 CITY VEHICLE 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 3�0 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 Finance Staff p}us 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 rentat is considered an exception to this policy and must be approved by the Mayor or designee in writing. The rental of the vehicle must include the option for additional insurance coverage offered at the rental agreement. 16.11 AIR TRAVEL Arrangement for air travel on City related business shali be arranged as outlined below: (1) Whenever feasible, the need for air travel arrangements should be provided at least 5 weeks in advance of the departure date. (2) The authorized procurer wiil arrange for air travel based on the Iowest available (other than non-refundable) airfare for a regularly scheduled flight which reasonably accommodates the time of travel requested, and the destination as specified. 21 (3} The authorized procurer will purchase the tickets at the time the rate is quoted and the Council Member wiil be advised of the arrangements for acquiring the tickets. (4) If personal travei is combined with business related travel, the traveling Council Member shall 6e 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-refundabie) airfare for the round trip between the 8eattle/Tacoma airport and the business related destination. Such payment for a personal travel shall accompany the City's payment ta the vendor for the tickets whenever feasible. (5) If changes in travel plans accur that are the result of City bvsiness 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 abtain 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 Mayor or designee. 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 City Staff, as may be authorized by the r'�'��,�.zAns=��Mavor. 16.12 FIRST CLASS AIR TRAVEL First class air travet 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 parter 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. 22 Local parking, ferry and bridge tolls may be reimbursed through the Petty Cash systern, subject to the Petty Cash Guidelines. 16.15 OUT-OF-STATE OR OVERNIGHT TRAVEL To be eligible for any City reimbursernent far out of state and/or overnight travel expense, the one way travel distance must be greater than 50 miles from City or hame. 16.26 ACCOMMODATIONS Reasonable hoteVmotel accommadations 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 hoteUmotel charges is not allowed unless by �vay 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: ' 16.17.1 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. 16.17.2 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. 23 Airline and other trip insurance. Personat postage, reading materiat, telephone calls. Personal toiletry articles. 16.18 NON-TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY Reimbursable expenses are subiect to the foilowing: (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 coarse 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. 16.19 CEREMONIES AND CELEBRATIONS (1) Reasonable expenses, including food and beverage, associated with commemorating a dedication or an unveiling; special awards and recognitions of employees or quasi-employees; meetings or ceremonies with or involving officials from other governmental entities, including sister cities are recognized as serving a public purpose are legitimate City expenditures. {2J 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 locai "event" or celebration may not take the farm of a gratuitous contribution of public funds to a private person, cammittee 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. 25 16.20 MEAL REIMBURSEMENT FOR NON-CITY OFFICIALS Council 1Vlember claims for the reimbursement of ineal costs for non-city employees and non-city officials shatt be documented and approved by the Mayor or designee. The documentation must identify: (lj The names of the individuat or individuals being hosted; (2) Their official title or capacity as it related to City business; (3) The nature of the topic or topics discussed, nature of the occasion, what public purpose or public policy was served; and (4) How this activity was an appropriate way to carry out that purpose or policy. 26 16.21 16.22 16.23 16.24 CLAIMS AND APPROVAL PROCEDURE AlI 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 it is in compliance with petty cash policy adopted by the City. Special approvals required by this policy shall be obtained by Council Mem6ers, from the Mayor or designee. Claims may include the reimbursable costs of other City officials who would be entitled in their own right to claim business expenses. Claims of Council Members must be approved by the Mayor or his/her designee. 16.25 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. 16.26 In preparation o€ the City's budget, Council Member travel and training expenses shall be anticipated and included in budget appropriations to reflect the planned Council attendance at annual conferences of municipal officials, such as the National League of Cities or Association of Washington Cities. 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 approved by the Mayor or designee. 16.27 REPORT A report, oral and/or written as appropriate, shall be made to the Council at a regularly scheduled Council meeting as soon as practical, 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 sueh reports shall be maintained by the City Clerk. The Mayor shall make an annuaI State of the City report, orally or in writing, to be available to the public during the first quarter of each year. The ' � ,, � Mayor shall provide an Executive Summary following each � City Council retreat which shall be made available to the public. SECTION 17. PUBLIC RECQRDS 27 17.1 Public reeords 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 42.56 RCW. Public records that are duplicates of those received by, or in the possession of the City, are not reqoired 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.Z Electronic mail communications that do not relate to the functional responsibility of the recipient or sender as a pubtic 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 pubiic official constitute a pubiic 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 discassion that should be held at an open meeting, the electronic discussion should not occur. Further, the use of e-mail communication to form a collective decision of the Council vialates the Open Public Meetings Act. / i 1 J . ► • � :. ! ;, • � . • � ► ► ! � � �� .. � � ,. •� .,.7 F., ..+ F .. 41�0_., �w.�. , 7 . �Et�'lY"��: ? ? � 1 � s � ., � i � - a �• + +�. - +• r •� + +�, +• „� E�,� ,,,�i,,.,�� Q a r c+�. r�+•� iur ., t z J b r ✓ '1 hl 4 +1�.. �.,*»-�, !`., ...1 . � . f - �' ' l 1 4 l. !'' '1 Ari h.,..n. �1..� !'':fz: l�ii.y...�.,.�... �.,� .n1. +., J � ! � t �.......,,�...��r7 4r. 1..- tl..� f�'.�.....,:i � ., . . . - � !"''�, :1 11Ao..,{... 1"';�.r 1Vi�. .,�i t''�#.. A**.� na _ °� r�r��81�re`�%icarCf��xs '�i -�r� �•, +1.n f`.i1,_ 1\eian.�ao.•�� .,+ I„ .,.,+ T �T� °u■�,■�,j»�,,. . . �i � c � o. EPUTY MAYOR SELECTION PROCESS 118.1 The '"�°�r^� ^°' +'�° Deputy Mayor shall be nominated and elected from the ranks of the sitting Council Members. 1�18.2 The �1��Deputy Mayor shalt be elected for two (Z) 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.�83812.065-a�d-�-3�. � 1�38.3 The May�r��-E� or designee shall conduct the election for the Deput�' , Mayor. . (See Appendix "A" to these Rules.) SECTION �819. CITY ADVISORY COMMITTEES �819.1 . Federal Way's cammissions, committees and task forces provide an invaluable service to the City. Their advice on a wide variety of subjects aids t'�^�� -a�—Council Members in the decision-making process. Effective citizen participation is an invaluable tool for Iocal government. 3819.2 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. �819.3 Federal Way advisory bodies bring together citizen viewpoints which might not otherwise be heard. Persons of wide-ranging interests who want to participate in pubtic service but not compete for public office can be involved in 29 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 affice. I�819.4 As Federai 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 fimes by state law. ��81_9.5 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 ali citizen members when they are appointed. ��819.6 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. (�819.7 The Council may dissolve any advisory body that, in their opinion, has completed its working function or for any other reason. ��819.8 Members and alternate members of all advisory bodies are appointed by majority vote of the Council Members during a regularly scheduled meeting. ��819.9 For new applicants responding to the advertisement the Council Committee of the Whole wili convene to review the applications, interview the applicants and recommend Citizen Advisory Committee appointments to the City Council. Any Council Member who shall attend the public interview session shall be eligibie 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 fuli Councit. The fuil City Councii shail vote on the appointments to the Citizen Advisory Committee at a regularly scheduled Councii meeting unless the a,ppointment is made under Rule 2E1.13. ��819.10 The City Council will not interview applicants already serving in the position, and may approve reappointment of citizens wishing additional terms subject to any timits established by ordinance or other laws without conducting public recruitment or interview. ��819.11 Council Members will raise any concerns about any recommendation prior to the City Council meeting that is scheduled for the approval of the appointment. I �81.9.12 Vacancies will be advertised not more than three times so that any interested eitizen may submit an application. Council Members are encouraged 30 to solicit applications from quatified citizens. In the event there are insufficient number of applications to fill the vacancies, the De u j Mayor will solicit new appointments and notify the City Clerk. The City Clerk will notify Council Members of the proposed appointment(s). Any Council member may contact the City Clerk to request the interview process as set forth in Rule �81 If no Council Member requests the interview process, the De u Mayor will appoint said new applicants and announce the appointment at a regular City Council meeting. Appiicants must be citizens of the City of Federal Way if required by the Federal Way City Code or if required by the City Council. Applications shall be available from the Office of the City Clerk. �819.13 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. �819.14 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 information packet which will include a Certificate of Appointment signed by the City Councii, a commission, committee or task force membership list, responsible City staff inember, 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. �819.15 All advisory bodies will be responsible for adopting their operating policies consistent with the establishing resolution or ordinance. �919.16 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-haur advance notice; no advisory committee will schedule a meeting earlier than 7:00 a.m. �819.17 The number of ineetings 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. �819.18 The advisory body chairperson will be responsible for coordinating the � meeting agendas with the appropriate City support staff. �819.19 Minutes will be kept of all meetings in accordance with the pubGc 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. 31 ��819.20 Excessive absenteeism, excluding illness or required travel, is cause for the removal of an advisory body member. Three (3) consecutive a6sences 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. � �919.21 � 3919.22 � �819.23 Members may resign at any time their personal circumstances change to prevent effective service. 1Vlembers may be removed, from any advisory committee, priar to the expiration of their term of office, by a majority vote of the City Council. A quorum for conducting business is a simple majority of the membership of the advisory body. 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. (�819.24 Lobbying efforts by any advisory bodies on legislative, or political, matters should first be checked for consistency with existing City policy by � contacting the C—i�=�9[€�Mayor's office. In the event a position is taken that differs from that of the City's poIicy, 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 vaice 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 Federai Way, or as a member of his or her commission, committee or task force. ��lI,�.25 1VIembers of advisory bodies are encouraged to attend City Council meetings to keep abreast of Council actions. �819.26 The City Council transmits referrals for information or action through the r'�� ""°~°°°~�.IVlavor ta the advisory groups. These advisory groups transmit findings, reports, etc., to the City Council through the C—�= �9Ea�age�Ma�• ��919.27 While the City staffs role is one of assisting the commission, committee or task force, the City staff inembers are not employees of that body. The City staff inembers are directly responsible to his or her Department Director and '� the M aYor ' . I 3919.28 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. 32 SECTION 20�. COUNCIL CQMMITTEES 2�0.1 Councii committees are policy review and diseussion arms of the Cauncil. Committees may study issues and devetop recammendations 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 Councit 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 2007 committees are as follows: FINANCE//ECONOMIC DEVELOPMENT/REGIONAL AFFAIRS COMMITTEE LAND USE/TRANSPORTATION COMMITTEE PARKS/RECREATION/HUMAN SERVICES & PUBLIC SAFETY COMMITTEE 2�0.2 Committees shall establish regular meeting schedules as determined by the � Chair of the Committee in consultation with the Committee members. 2�-0.3 Each committee will have staff support assigned by the'�1a�or�y-�WE�r�a�e�. � Staff wilt work with the committee chairs to set agendas, provide support :materials and prepare reports. 2�-0.4 Summaries of each meeting will be prepared by staff and distributed to the I Mayor and Council Members. These summaries witl be in lieu of verbal reports at Council meetings. 20�.5 The �''��a��e�e�-Mayor or Deputv 1Vlavor may send issues directly to � committees for their review in lieu of being referred to committee by the entire Council. 2�0.6 Committee appointments (chairs and members) shall be made by the I De u Mayor. The Deputy Mayor will take into account the interests and requests of individual `Council Members in making committee assignments. 2�0.7 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. 33 I 2-�0.8 � n�n.��.,�,�,, �1 �.o « - �� . o �, 8 + �� •++ �The Deputy � T ZTiT LTVLII'�.I`J 1.14"1'II'il'G� 'I V7ICnl Mayor may serve as "ex officio" or be appointed to a committee. I 2�0.9 The Deputy Mayor will make committee assignments each January, with members serving one (1) year terms. The lleputv Mayor has the discretion to appoint or remove Comrnittee members at any tim� � SECTIQN 2�1. FILLING �ITY COUNCIL and MAYOR VACANCIE� � 2�1.1 PURPOSE The purpose of this section is to provide guidance to tt�e City Council when a Federal Way Council Member or �!Iavor position 6ecomes vacant before the expiration of the official's elected term of office. Pursuant to state law, a vacancy shall be filled only nntil the next regular municipal election, to serve the remainder of the unexpired term. � 2�1.2 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.1�2.0�5a - Vacancies - Filling of Vacancies in 1Vlavor- CounciU-�9�e� Form of Government. ( 2�1.3 APPOINTMENT PROCESS (1) A Council position or Mavor �osition 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 or 1VIayor. The Council Member ar 1Vlayor who is vacating his or her position cannot participate in the appointment process. (Z) The Mavorr'�*�� r'^°�^�' 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. The Ci#y Council shall direct staff to be�in the Mayoral aupoinhnent process ancl establish and inten�iew and appointment schedule, so that the position is filled at the earliest apportunity. 34 (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 locai media outlets, which announces the vacancy consistent with the requirements necessary to hold public office: that the applicant (a) be a registered voter af the City of Federal Way, and (b) have a one (1) year residency in the City of Federal Way. This display advertisement shall be pubtished 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 or Mayor uowers and daties, 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 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 ather 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 scheduied 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 or De u Mayor shall accept one interview question from each Council Member. 2�1.4 INTERVIEW MEETING Each interview of an applicant/candidate shall be no more than 30 minutes in length as follows: 35 (1} The applicant shall present his or her credentials to the City Council. (10 minutes) (2) The City Councii shall ask the predetermined set of questions which must be responded to by the applicant. Each applicant will be asked and wilt 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. (l0 minutes) (4) The applicants' order of appearance wili be determined 6y a random lot drawing performed by the City Clerk. {5) The Councii 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) candidates. The decision as to which applicants to interview will be based on the information contained in the application forms. � 2�1.5 VOTING Upon completion of the interviews, Council Members may convene into Executive Session to discuss the quatifications 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 shali poll Council Members to ascertain that Council Members are prepared to vote. (5} The C�ty 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. {8) Nothing in tl�is 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 CounciI 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. (IO) 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. SECTION 2�52. MISCELLANEOUS 2�2.1 When Council Members register to attend an official conference requiring � voting delegates, such as the annaal 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 243. SUSPENSION AND AMENDMENT OF � RULES 243.1 Any provision of these rales not governed by state law or ordinance, may be � temporarily suspended by a two-thirds (2/3) majority vote of the Council. 2�3.2 These rules may be amended, or new rules adopted, by a majority vote of the Council. K:�city managerkouncil rules�2009\clesn copy 3/3/2009 37 APPENDIX "A" �4��9-1�I}EPUTY 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 cali vote. {5) To be elected, the nominee needs a majority vote of the Council. I(6) Elections will continue until a"'�=m-Deputy Mayor are elected by a majority vote of the CounciI. (7) The r'•'��M declare the nominee receiving the majority vote as the new De�uttr Mayor. . . The Clerk shall swear the Denuty Mavor��+�i�� into office. :a PURCHASING POLICIES — REFERENCES TO CITY MANAGER CHAPTER 1— APPROVE CQNTRACTS BELOW $20,004 F. Obtain Council Approval, if necessary Council must approve all public works, maintenance, non-professional service, and leases of equipment contracts where the annual cost to the City or the annual revenue to be received by the City is more than twenty thousand doilars ($20,000). On any public works contracts over $300,000, Council must approve both the RFB and the award of the hid. Council must also apprave any interlocal agreement, and any real estate lease, purchase, or sale,s and other property leases which are over $20,000 or over 3 years.b Council also must approve sole source contracts in excess of $20,000 except routine expenses of government available from a single source. You should also consider if the nature of the contract is such that it should go to Council. If the contract involves broader community and/or political issues, consult with the Department Director or the City Manager. If the contract or amendment includes a new or modified project scape of services, a bid approval, or a sensitive political issue, it should also probably go to the CounciL � CHAPTER 2 — EMERGENCY PURCHASES Emergency Purchases "Emergency" means unforeseen circumstances beyond the control of the municipatity that either: (a) Present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. Any department may make emergency procurement when a documented emergency condition arises, and the need cannot be met through normal procurement methods. If a department needs to make an emergency procurement, the department director will obtain approval from the City Manager after providing a full explanation of the circumstances of the emergency. If an emergency procurement is approved by the City Manager, the explanation of the nature of the emergency shall be noted in the Justification field in the requisitions. In addition, a full explanation of the circumstances of the emergency, including the contractor's name, the amount and type of the contract and a listing of the item(s) procured under the contract will be filed by the requesting department with the Finance Director or designee within twelve (12) working days after such purchase. All emergency purchases require approval of the Department Director, Finance Director and the City Manager. A written finding of the existence of an emergency must be made by the governing body or its designee and duly entered of record no later than two weeks foilowing the award of the contract. All emergency procurement will be reported to Council. CHAPTER 4— APPROVE ALL PROFESSIONAL SERVICES AGREEMENTS Professional Services are services involving labor, skill, education and special knowledge and where the labor and skill involved is predominately mental or intelIectual rather than physical or manual. Examples include: • Customized accounting software and ongoing support services, as opposed to purchasing an "off-the-shelf' program, with minimal support. • Landscaping design, building design • Utility billing services • Professional services, including architectural-engineering (see Section B, below) • Officiai newspaper Competitive bids for professional services are nat required except for the provision of an official newspaper, architectural and engineering services covered under RCW 39.80. Examples of professional services for which cities may negotiate services include: • Accountants • Consultants/Facilitators • Attorneys • Computer Programmers • Insurance Brokers • Planners • Real Estate Appraisers Professional services may be procured by direct negotiation with a selected firm or individual. City Council approval is not required for professional services contracts. However, to select the best-qualified firm or individual to provide professional services, the procedures for architectural and engineering services are a good guide in procuring all professional services. CHAPTER 5 — BID IRREGULARITIES OR ERRORS Except where otherwise provided, bids containing irregularities will be accepted by the City for consideration. Any action concerning the bid(s) containing irregularities shall be at the discretion of the city manager andlor city council in accordance with the provisions of law. The call for bids for a11 bids shall state the reserved right of the City to reject any and all bids and to waive irregularities in any provided that no bidder shall be permitted to gain unfair advantage over other bidders by action of the city council pertaining to this section. CHANGE ORDERS If a contract is a public works contract, an amendment is usually done by change order. The Project Manager may determine during the project that a change order is necessary to 2 modify the contract, which may include but is not Iimited to: (1) the scope of the project; (2} compensation; and/or (3) materials to be used. The cost of the change order determines who may execute it on behalf af the City. For public works contracts of $10,000 or less the City Manager has authorized the Public Works Director to sign the change orders. Far change orders over $10,000 and less than 10% of the total contract the City Manager may sign the document. For change orders which would place the revised contract amount over 10% of the total contract, Council approval is required before the City Manager may sign the document. All change orders to public works projeets in excess of Council approved project budget including contingency, will be reported to the City Council on a quarterly basis. 3 CI'TY OF Federal Wa y . o e a t Ic s �'o►r Clty Councllmembers, �� r ��r.� r��T.11 ��z y'��l' arld Clty Err�ployees THIS PAGE LEFT BLANK INTENTIONALLY. TABLE OF CONTENTS Introduction..................................................................1 Section 1 — Po{icy .........................................................3 Section 2 — Definitions .................................................3 Section 3— Personal Gain or Profit ..............................5 Section 4— Conflict of Interest .....................................5 Section 5— Acceptance of Gifts ..................................:7 Section 6 — Campaign Activities ...................................7 Section 7— Board of Ethics ..........................................7 Section 8— Compiaints Against Employees .................11 Resolution No. 91-54 — Passed April 2, 1991 Amendments Resolution No. 94179 — Passed August 2, 1994 Resolution No. 94-184 — Passed September 29, 1994 Resofution No. 94-188 — Passed November 1, 1994 Resolution No. 96-232 — Passed May 7, 1996 (Rev. 8/05) THIS PAGE LEFT BLANK INTENTIONALLY. INTRODUCTION • The Ma o�City Councilmembers are elected to exercise their discretionary pawers pursuant to the laws and the Constitution which may often invoive honest disagreement on policy matters; and • In the exercise of these powers the Mavor and the Councitmembers should operate within a framework that will protect the public trust and ensure public confidence in the conduct of elected officials and public employees; and • Good government should operate and conduct itself in an open and impartial manner, and to a standard that ensures an efficient, fair and accountable system; and • The Code of Ethics includes a method to appoint an alternate Board of Ethics member in cases of recusement or other unavailability; and • The Code of Ethics includes sanctions for violations of the Code of Ethics; and • The Code of Ethics grants the Board of Ethics subpoena powers in order for the Board to complete a full and fair investigation of any written complaint before the Board; and • The Code of Ethics provides for the stay of the complaint proceedings during the City Council's consideration of the Board of Ethics application for subpoena power or during any proceeding to compel a person to respond to a properly issued subpoena. THIS PAGE LEFT BLANK iNTENTIONALLY. 2 Sectian 1 — Policv The City of Federal Way is committed to conducting its business in a fair, open, efficient and accountable manner. Public Officials and Employees shall conduct their public and private actions and financial dealings in a manner that shall present no apparent or actual conflict of interest between the public trust and that private interest. Each Official and Employee is assumed and expected to act in accordance with all laws and codes of ethics tha# may apply to his or her position, as well as striving to avoid even an appearance of impropriety in the conduct of his or her o�ce or business. Each Employee should be informed of this Code of Ethics and meet its requirements. Questions regarding its interpretation should be brought to an Employee's Supervisor and the City Attorney for interpretations of this Code and should proceed through pracesses provided for in the Personnel Policy Manual to act upon allegations of misconduct in violation of this Code. Questions regarding the interpretation of the Code as applied to the Mayor and Councilmembers and allegations of violation of this Code by the Mayor and/or Councilmembers shall be referred to the Board of Ethics through the process established herein. Section 2 — De�nitions Throughout this Code of Ethics, the following definitions shall appiy. 2.1 �-Ge�,�s-E1Etected Officials For the purposes of this Code of Ethics only, "�--Ge�ei-IElected Officials" or "1Vlavor" or "Councilmembers" also includes members of City Boards, Commissions, Committees, or other multi-member bodies appointed by the City Council. � 2.2 Famiiy Spouse, parent, child, sibling, aunt, uncle, niece, nephew, cousin, grandchild, grandparent or any parent-in-law, son- or daughter-in-law, or brother- or sister-in- 1aw. 2:3 financial interest (a) Existence — A financial interest may be deemed to exist in any of the following situations (1) A creditor, debtor or ownership interest in any corporation, partnership, joint venture or other entity (including without limitation, ownership evidenced by stock purchase) in an amount or value to or greater than a one percent (1 %) interest in any such entity, or (2) Any paid employee, agent, consultant or o�cer of any corporation, partnership, joint venture, business or other entity. 3 (b) Exceptions — Notwithstanding the provisions of Section 2.3 (a)(1) and (2), a financial interest shafi not be deemed to exist in any component investment within any fund or plan where an owner of an interest in a mutual or other pooled investment fund or in any employee or retirement benefit plan (including without limitation, pension plans, profit sharing plans and deferred compensation plans): 1) has no right to control or influence the selection of component investments; 2) has not influenced the selection of companent investments; and 3) has not created or used the fund or plan to subvert the intent of this code. ' 2.4 Gift A rendering of money, property, services, discount, loan forgiveness, payment of indebtedness, reimbursements from or payments by persons, other than the City of Federal Way for travel or lodging or anything else of value in return for which legal consideration of equal or greater value is not given and received, excluding: (a} Things of minimal value. (b) Any contribution under chapter 42.17 RCW (Disclosure — Campaign Finances — Lobbying — Records). (c) Any informational material transferred for the purpose of informing the recipient about matters pertaining to o�cial City business, and that is not intended to financially benefit the recipient. (d) Any symbolic presentation not intended to financiatly benefit the recipient. (e) Things of value not used and that, within thirty (30) days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes; (fl Things of value received in the normal course of private business or social � interaction or from family that are not related to public policy decisions or City actions. (g) The acceptance of a gift on behalf of the City pursuant to City Council rules regarding acceptance of gifts. 2.5 Immediate Family Spouse and dependent children. 2.6 Remote interest A remote interest may be deemed to exist where an individual is: {a) An unpaid officer, Board member, or other person who functions in a decision-making capacity which can influence policy or funding of a corporation, partnership, joint venture or other entity; (b) A landlord or tenant of an entity contracting with the City of Federal Way; or, {c) A holder of less than one percent (1 %) of the shares of, or ownership interest in a business entity contraction with the City; provided no interest 4 shail be deemed to be remote where an Elected Official influences or attempts to influence any other Elected Official or City Employee to take any action which financially benefits the Elected Official by or through the interest. 2.7 City Employee Any individual who is appointed as an Employee by the appointing authority for ihe City. . „ . . , Section 3— Personal Gain or Profit 3.1 An Elected Official , or Employee shatl not knowingly use his or her office or position for personal or family gain or profit. 3.2 An Elected Official �^� �^^��^�°m"°r, +"° n"�^�^°r or Employee shall not use City- owned property or City services for personal or family gain or profit. 3.3 An Elected Official , or Employee shall not use information acquired in confidence from a City customer, supplier, lessee or contractor for other than City purposes. Section 4— Conflict of Interest 4.1 An Elected �fficial , or Employee shall not � knowingly engage in activities which are in conflict, or which have the potential to create a conflict, with performance of o�cial duties. Examples of conflicts, or potential conflicts of interest include but are not necessarily limited to, circumstances where the Elected Official , or Employee: f (a} Influences the selection or non-selection of or the conduct of business between the City and any entity when the Elected Official , �u��e� or Employee has a financial interest. (b) Solicits for himself or herself or for another, a gift or any other thing of value from the City or from any person or entity having dealings with the City; provided, however, that no conflict of interest for the Elected Officiaf , or Employee shall be deemed to exist with respect �o solicitation for campaign contributions required to be reported under Chapter 42.17 RCW or for charitable contributions. 5 (c) Accepts any retainer, compensation, gift or other thing of value which is contingent upon a specific actian or non-action by the City Council, � �V�Mayor or Employee. (d) Accepts a gift in any manner other than as provided in Section 5 (Acceptance of Gifts). (e} Intentionally uses or discloses information not available to the general public and acquired by reason of his or her officia! position which financially benefits himself or herself, family, friends or others. � 4.2 An Elected Official shall not take part in any officiai�et�a�i� action, as that term is defined in Chapter 42.30 RCW, concerning any contract, ( property, or other matter of any kind, in which the Elected Official�et�►s+�er�� or his or her immediate family has a financial interest, or which otherwise creates a conflict of interest. 4.3 A Elected Officia! shall disclose the fact and extent of a remote interest for the o�cial minutes of the City Council prior to Councilmembers taking any action related to the interest. In the event a Councilmember has the remoste interest �^�' �h°r°�' all action taken by the City Council related to such interest shall be by a vote sufficient for the purpose without counting the vote of the Councilmember having the remate interest. 4.4 Restrictions After Leaving the City {a) For one (1) year after leaving the City, the Elected Officiaia , or an Employee may not hold or acquire a financial interest, direct or indirect, personally or through their family, in any contracf made by, through, or under their supervision, or accept, directly or indirectly, any compensation, gratuity, or reward from any person interested in such a contract or transaction. (b} For one (1) year after leaving the City, the Elected Officiala , or an Employee may not (a) assist anyone in proceedings involving the City where such Elected Official , or Employee worked on a matter in which they were officialfy involved in the course of their duties; (b) represent any private person as an advocate on a matter in which they were involved; or (c) Compete for a City contract when they were involved in determining the scope of work or the selection process. An Elected Official , or an Employee may never disclose or use the City's privileged or proprietary information except to perForm official duties. 6 Section 5— Acceptance of Gifts 5.1 Except as provided in Sec#ion 2.4, an Elected Official or Employee may not accept gifts of cash in any amount. 5.2 The Efected Officials , and City Employees may not accept personal gifts. Section 6 — Campaiqn Activities City Employees may participate in the political process only on their own time, and only outside of the workplace by working on campaigns for the elections of any person to any o�ce, or for the promotion of or the opposition to any ballot proposition, and shall not use or authorize the use of the facilities of the City for such purposes except as may be authorized by law under the provisions of Chapter 42.17.130 RCW. Section ? — Board of Ethics Complaint Against an E1ec#ed Official and Advisory Opinions Regarding Elec#ed Officials 7.1 There is created a Board of Ethics for the City of Federal Way. The purpose of this Board of Ethics is to issue advisory opinions on the provisions of this Code of Ethics and to investigate and report to the Gity Council on any alleged violations of this Code of Ethics, all as set forth below. . 7.2 The Board of Ethics shall be composed of three (3) members, and one (1} alternate member {"first alternate") none of which shall be an Elected Official-Gi� ar City Employee. The Board members shall be appointed by the City Council. The alternate member may attend all meetings of the Board, but shall have no voting rights except as otherwise provided herein. The term of each Board member shall be three (3} years. The first three members shall be appointed for one (1), finro (2) or three (3) year terms, respectively. The first Chair of the Board shall be determined by the Council and the Chair shall be appointed to the three (3) year term. The other terms are to be determined by lot. After the first year of the Chair's term, the Board shall determine and elect its Chair thereafter. The Chair shall serve for a period of one (1) year, unless reelected. In the event a Board member must recuse himself or herself or otherwise be unavailable to conduct Board business, the first alternate member shall serve in his/her place. If a second alternate member is required, 7 the Board shall select such alternate member from a pool consisting of prior Board members who have served during the three (3} prior terms ("second alternate"). The second alternate Board member sha11 be chosen by agreement of the remaining Board members. In the event no former Board members are available, the City Councif shall appoint an alternate Board member. In filling any vacancy or making an appointment to the Board of Ethics, the City Council shall strive to select members with diverse perspectives and areas of expertise appropriate to the review of ethical matters, and who are of good general reputation and character. 7.3 A majority of the Board of Ethics shatl constitute a quorum. The Board shall meet as frequently as it deems necessary and in accordance with the provisions of the Code. The Board shall adopt procedures consistent with the provisions of the Code governing the conduct of its meetings, investigations, hearings and the issuance of opinions. 7.4 Specific Complaint Against a Councilmember (a) Any person may submit a written complaint to the City Glerk alleging one (1) or more violations of this Ethics Code by an Elected Official . The allegation must set forth specific facts with precision and detail, sufficient for a Determination of Su�ciency by the Board. In addition, the complaint must set forth the specific sections and subsections of this Code that the facts violate, and the reasons why. Each complaint must be signed by the person or persons submitting it, must state the submitter's correct name, address at which mail may be personafly delivered to the submitter, and the telephone number at which the submitter may be contacted. (b) The City Clerk shall submit that complaint to the 'Board for Determination of Su�ciency of the complaint. A complaint cannot be sufficient unless it precisely alleges and describes unjustified acts which constitute a prima facie showing a violation of a specified provision or provisions of this Code. Th�e purpose of requiring that the complaint be sufficient is to ensure that the complaint is supported by identifiable facts, and to ensure that the complaint is not based on frivolous charges. (c) The 'Board shall submit a written report with a finding of sufficiency or insu�ciency within ten (10) days of its receipt of the written complaint. The Determination of Su�ciency by the Board is final and binding, and no administrative or other legal appeal is available. If the finding is one of sufficiency of the complaint, then the complaint shall be investigated and reported as set forth below. (d) The Board shall conduct an investigation of the written complaint before it. The Board shall begin the investigation no later than ten (10) calendar days after the Determination of Sufficiency of the complaint and shall conclude the investigation no later than fourteen (14) calendar days after it commences the investigation unless a ionger time period has been � requested by the Board and has been approved by the Council; provided, however, that the running of these time periods shall be tolled and the complaint proceedings shall be stayed in the event the Board makes application to the City Council for subpoena power or in the event the City Council issues a subpoena and any person refuses to obey such subpoena. The stay of the complaint proceedings shall continue until such time as the subpoena is either reissued or denied by the City Council or until such time as a Superior Court issues an order on the subpoena. The Board shall render a written opinion, setting forth its findings of fact and conclusions and opinion as to whether or not the individual against whom the complaint was filed has violated the Code of Ethics. (e} The City Council may issue subpoenas in response to the Board's application for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation by the Board or in connection with any hearing canducted by the Board. The Board shall request subpoena power by making a written application to the Mayor and Deputy Mayor describing in detail the subje�t matter of the proposed subpoena and an explanation of why such information is reasonably necessary in order to conduct the Board's investigation or hearing. The subpoena may be issued in the event the Mayor and Deputy Mayor determine the subpoena request is reasonable. In the event the Mayor and Deputy Mayor are unable to agree upon such a determination or the complaint alleges a violation of the Ethics Code by the Mayor or the Deputy Mayor, the entire City Council shall make a determination as to the reasonableness of the Board's application for subpoena power. In the event any person disobeys a subpoena, the City Council may invoke the aid of any Superior Court of the state. Such court may issue an order requiring such person to appear before the Board, to produce documentary evidence, and/or to provide testimony, and any failure to obey such order may be punished by that court as contempt. {fl No opinion may be issued by the Board unless a person or entity complained against has had an opportunity to present information on his, her or its behalf at a hearing before the Board. (g} A copy of the written opinion shall be delivered to the City Council and the complaining party within seven (7) calendar days of conclusion of the hearing unless a longer time period has been requested by the person against whom the complaint is focused, and has been approved by the Board unless a longer period has been requested by the Board and has been approved by the City Council. (h) In the event the advisory written opinion provides that the individual against whom the complaint has been filed has vio{ated the Code of Ethics 9 and the City Councilmembers adopt this opinion by a majority vote, then the City Council may take any of the folfowing actions by a majority vote of the Council: (1) Admonition — An admonition shall be a verbal non-public statement made by the Mayor to the individual. (2) Reprimand — A reprimand shall be administered to the individual by letter. The letter shall be prepared by the City Council and shall be signed by the Mayor. If the individual objects to the content of such letter, he or she may file a request for review of the content of the letter of reprimand with the City Council. The City Council shall review the letter of reprimand in light of the advisory opinion and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the City Council shall be final and not subject to further review. (3) Censure — A censure shal! be a written statement administered personally to the individual. The individual shall appear at a time and place directed by the City Council to receive the censure. Notice sha(I be given at least twenty (20) days before the scheduled appearance at which time a copy of the proposed censure shatl be provided to the individual. Within five (5) days of receipt of the notice, the individual may file a request for review of the content of the proposed censure with the City Council. Such a request will stay the administration of the censure. The City Council shall review the proposed censure in light of the advisory opinion an�! the request for review, and may take whatever action appears appropriate under the circumstances. The action of the City Council shall be final and not subject to further review. If no such request is received, the censure shall be administered at the time and place set. It shall be given publicly, and the individual sha(I not make any statement in support of or in opposition thereto or in mitigation thereof. A censure shall be deemed administered at the time it is scheduled whether or not the individual appears as required. (4} Removal — In the event the individual against whom the complaint has been fited is a member of a City Board, Commission, Committee, or other multi-member bodies appointed by the City Council, the City Council may, by a majority vote, remove the individual from such Board, Commission or Committee; provided, however, that nothing in this section authorizes the City Council to remove the Myor and/or a Councilmember from his or her office. In the event the individual against whom the complaint has been filed is a 10 Councilmember, the City Council, by a majority vote, may remove the individual from the position of-��A�� Deputy Mayor and the Depu#y Mayor may remove such individual from the position of Chairperson of any Council committee. 7.5 The Board of Ethics may also render written opinions concerning the applicability of the code of Ethics to hypothetical circumstances or situations upon the request of any person. 7.6 The City shall release copies of any written advisory opinions or opinions resulting from an investigation of a complaint and any written censures or reprimands issued by the .City Council in response to public records requests as consistent with Chapter 42.17 RCW and any other applicable public disclosure laws. 7.7 The Mavor ' shall provide staff, as he or she deems appropriate, to assist the Board of Ethics. 7.8 Board members shall be reimbursed by the City for reasonable expenses incurred in its exercise of the official business of the Board, consistent with the expense reimbursement policies of the City. Section 8— Complaints Aqainst Emplovees Any and all complaints regarding City Employees shall be brought to the Employee's supervisor. The supervisor, or appropriate individual as determined by the Mayor� �V��e�, shall investigate the complaint. All action related to complaints about City Employees shall be in accordance with the Personnel Policy Manual. OUTSIDE COMMITTEES SUBURB"AN CITIES ASSOCIATION Committee Re resentation Re ional Polic Committee ("RPC" De uty Ma or Duclos Re ional Transit Committee ("RTC") Council member Burbidge Regional Water Quality Cammittee "RWQC") Puget Sound Regional Council Executive Board Puget Sound Regional Council Operations Committee Puget Sound Regional Council Growth Mana ement Polic Board Puget Sound Regional Council Council member Burbidge Trans ortation Polic Board Puget Sound Regional Council Economic DeveIo ment District Policy Board Growth Management Planning Council Deputy Mayor Duclos ("GMPC") Re ional Law Safety & Justice Council member Park King County Consortium Joint Human Services Manager Hynden Recommendations Committee for CDBG ("JRC") Local Hazardous Waste Management Coordinatin Committee Board of Health ente riseSeattle Council member pove King County Conservation District ' Advisory Council King County Flood Control District Council member Park Adviso Committee ' Domestic Violence Initiative South Central Area Caucus Grou Emergency Management Advisory Committee ("EMAC") Committee to End Homelessness a. Governing Board a. b. Interagency Council b. Human Services Manager Hynden c. Funders Group c. Metropolitan Solid Waste Advisory Deputy Mayor Duclos ' Committee {"MSWAC") ASS�CIATION OF WASHINGTON CITIES Committee Re resentation National Lea ue of Cities Mayor Kochmar OTHER Committee Re resentation South County Area Transportation Board Council member Burbidge ("SCATBD") Public Issues Committee Mayor Kochmar Council member Burbid e Water Resource Inventory Area 9 To be assigned «� Federal Way Coordinated Community Police Department & Municipal Court Res onse Federal Way Government Liaison Mayor Kochmar Committee Deputy Mayor Duclos Government Affairs Committee Deputy Mayor Duclos (City/Chamber) Council member Freeman Economic Development Committee Mayor Kochmar (City/Chamber) Council member Burbidge Council member Park Lodging Tax Advisory Committee Council member povey ("LTAC") Seattle S orts Commission Economic Develo ment Director pohert ENTITIES Enti Re resentation South Correctional Entity ("SCORE") Council member povey City Mana er/Police Chief Wilson Valley Communications ("Valley Com") Council member povey City Mana er/PoIice Chief Wilson