RES 16-703 - Amending Council Rules of ProcedureRESOLUTION NO. 16 -703
A RESOLUTION of the City Council of the City of Federal Way,
Washington, Amending the City Council Rules of Procedure.
WHEREAS, the Federal Way City Council adopted the Council Rules of Procedure in 1992;
and
WHEREAS, the Federal Way City Council has modified the Rules of Procedure many times
since 1992; and
WHEREAS, the Federal Way City Council discussed modifications to the Rules of Procedure
at its Council Retreat held on February 20, 2016; and
WHEREAS, the Federal Way City Council directed the City Attorney to prepare an
amendment to the Rules of Procedure consistent with the discussion at the February 20, 2016
Council Retreat;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Rule 3.5 shall be amended as follows:
Publication of the final agenda will occur no later than the Thursday prior to the Council meeting at
5:00 pm, and publication of the complete Council packet will occur no later than the Friday prior to
the Council meeting at 5:00 pm.
Section 2. Rule 19.10 shall be amended as follows:
Vacancies on Commissions will be filled as follows:
(1) Filling Vacancies at End of Term
To fill a vacancy created by the expiration of a term, City Staff will advertise the availability
of the open position to the public. The citizen currently serving in the position may reapply for the
same position. All applicants, including the incumbent, will be interviewed pursuant to the process
outlined in Council Rule 19.9.
Resolution No. 16 -703 Page 1 of 3
(2) Filling Vacancies Mid -Term
When a citizen advisory position becomes vacant mid -term, tThe City Council will may
appoint an alternate commissioner who is already serving on that same board or commission to fill
the mid -term vacancy. not interview applicants already serving in the position, and may approve
other laws without conducting public recruitment or interview Alternates who were previously
interviewed within 12 months of the vacancy being created do not need to be interviewed again prior
to appointment as a voting member.
Section 3. Rule 20.8 shall be amended as follows:
The Deputy Mayor may serve as "ex officio" or be appointed to a committee an ex officio
(voting) member of a committee when a quorum of committee members is not available. If, during a
meeting when the Deputy Mayor is serving as an ex officio member, a quorum of committee
members appears at the meeting, the Deputy Mayor will no longer serve as an ex officio member
unless there is a pending matter before the committee that the Deputy Mayor has participated in
discussions for and is prepared to vote on.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
Resolution No. 16 -703 Page 2 of 3
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 15th day of March, 2016.
ATTEST:
CITY OF FEDERAL WAY
M OR, IM FERRELL
IE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATT'OJ NEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK: 02/26/2016
PASSED BY THE CITY COUNCIL: 03/15/2016
RESOLUTION NO.: 16 -703
Resolution No. 16 -703 Page 3 of 3
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CITY OF FEDERAL WAY
CITY COUNCIL
RULES OF PROCEDURE
ADOPTED
JANUARY 21, 1992
Amended
March 17, 1992
May 19, 1992
July 21, 1992
December 15, 1992
April 20, 1993
January 18, 1994
June 7, 1994
September 21, 1994
December 6, 1994
November 16, 1999
February 19, 2002
February 19, 2003
April 6, 2004
March 7, 2006
May 15, 2007
September 18, 2007
March 3, 2009
February 16, 2010
November 23, 2010
December 7, 2010
February 1, 2011
March 1, 2011
February 7, 2012
November 3, 2015
March 15, 2016
OFFICE OF THE CITY CLERK
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INDEX
SECTION NO. TITLE PAGE NO.
1 Authority 1
2 Council Meetings 1
3 Agenda Preparation 5
4 Council Discussion 6
5 Citizen Comment 6
6 Motions 7
7 Ordinances 9
8 Mayor and Deputy Mayor 10
9 Council Relations with City Staff 10
10 Council Meeting Staffing 11
11 Council Member Attendance at Meetings 11
12 Public Hearings 13
13 Media Representation at Council Meetings 14
14 Council Representation 14
15 Confidentiality 14
16 Council Travel & Expenses 15
17 Public Records 22
18 Deputy Mayor Selection Process 22
19 City Advisory Committees 22
20 Council Committees 26
21 Filling City Council Vacancies 27
22 Miscellaneous 30
23 Suspension and Amendment of Rules 30
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SECTION 1. AUTHORITY
1.1
The Federal Way City Council hereby establishes the following Rules of Procedure ( "Rules ")
for the conduct of Council meetings, proceedings and business. These Rules shall be in
effect upon adoption by the Council and until such time as they are amended or new Rules
adopted in the manner provided by these Rules.
SECTION 2. COUNCIL MEETINGS
2.1 TYPES OF MEETINGS
(1) Regular Meetings
Council's regular meetings will be held the first and third Tuesdays of each month in
Council Chambers, City Hall.
Regular Council meetings will begin at the hour of 7:00 p.m., and will adjourn no
later than 10:00 p.m. To continue past this time of adjournment, a majority of the
Council must concur.
If any Tuesday on which a meeting is scheduled falls on a legal holiday, the meeting
shall be held at 7:00 p.m. on the first business day following the holiday, or on
another day designated by a majority vote of the Council.
(2) Special Meetings
A Special meeting is any Council meeting other than a Regular Council meeting.
Notice shall be given at least 24 hours in advance specifying the time and place of the
meeting and the business to be transacted. A Special Council meeting may be
scheduled by the Deputy Mayor, Mayor or at the request of a majority of the Council
Members.
(3) Study Sessions
Council's Study Sessions will be held, when needed, and when called by the Deputy
Mayor, Mayor 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 Deputy Mayor, Mayor and will determine on -going
dedicated schedules for regular Study Sessions.
No final decisions can be made at a Study Session. Decisions on those issues will be
scheduled for a Regular or Special Council meeting.
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(4) Emergency Meetings
An Emergency meeting is a Special Council meeting called without the 24 -hour
notice. An Emergency meeting deals with an emergency involving injury or damage
to persons or property or the likelihood of such injury or damage, when time
requirements of a 24 -hour notice would make notice impractical and increase the
likelihood of such injury or damage. Emergency meetings may be called by the
Mayor or 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,
Mayor and authorized staff members and/or consultants authorized by the Mayor.
The public is restricted from attendance. Executive sessions may be held during
Regular or Special Council meetings and will be announced by the Mayor or the
Chair of the Special Council Committee, respectively. Executive session subjects are
limited pursuant to Chapter 42 RCW, including considering real property acquisition
and sale, public bid contract performance, complaints against public officers and
employees, public employment applications and public employee evaluation, elective
office appointments and attorney - client discussions.
Before convening an Executive session, the Mayor or Chair shall announce the
purpose of the meeting and the anticipated time when the session will be concluded.
Should the session require more time, a public announcement shall be made that the
meeting is being extended.
(6) Retreats
The annual retreat will be scheduled before March 1st of each year. Council may
request the Mayor to schedule a mid -year retreat at its discretion.
2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA
(1) Call Meeting To Order
The Mayor calls the meeting to order. The Mayor will announce the attendance of
Council Members and indicate any Council Member who is not in attendance and
whether or not the Council Member has an excused absence. The Mayor may, with
the concurrence of the Council Members, take agenda items out of order. Agenda
items may be added pursuant to Section 3.3 of these Rules.
(2) Pledge of Allegiance
Council Members and, at times, invited guests lead the flag salute.
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(3) Proclamations and Presentations
A Proclamation is defined as an official announcement made by either the City
Council or the Mayor.
City Council Proclamations are defined as those non - controversial events which have
a major citywide impact. City Council Proclamations shall be publicly read at a City
Council meeting and presented to a representative of the event during the Council
meeting.
Mayor's Proclamations are defined as those non - controversial events which are
requested by and for a special interest group within the City. Mayor's Proclamations
are signed by the Mayor and forwarded to a representative of the event.
The Mayor and Deputy Mayor shall determine if the Proclamation request is for a
City Council Proclamation or a Mayor's Proclamation.
Controversy is defined as a dispute, especially a lengthy and public one, between
sides holding opposing views.
Mayor - Introduction of New City Employees and Emerging Issues
(4) Citizen Comment
Members of the audience may comment on items relating to any matter. Citizen
comment sign -ups will be available at each regular council meeting for the use of
those citizens wishing to address the Council. Comments are limited to three (3)
minutes, except that for a person whose property is the subject of a condemnation
ordinance then pending before the City Council, or a person speaking on behalf of a
group of more than five (5) in attendance or written proof that more than five (5)
designate as spokesperson may speak for five (5) minutes. No speaker may convey
or donate his or her time for speaking to another speaker.
The Mayor may allow citizens to comment on individual agenda items at times
during any regularly scheduled City Council meeting other than the regularly
scheduled Citizen Comment period. These agenda items include, but are not limited
to, ordinances, resolutions and Council Business issues. (See also Section 5, "Citizen
Comment" of these Rules.)
(5) Consent Agenda
Consent Agenda items have either been fully considered by a City Council
Committee or are considered to be routine and non - controversial and may be
approved by one motion. Any Council Member may remove any item from the
Consent Agenda for separate discussion and action.
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(6) Public Hearings
See Section 12 of these Rules for discussion of public hearing procedure.
(7) Council Business
Council Business items are usually those items other than resolutions and ordinances
requiring Council action.
(8) Ordinances
A. First Reading.
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 or direct staff to further review the ordinance.
B. Second Reading.
Council members will approve the ordinance for enactment as an enforceable
City law.
C. Mayor's Action.
a. Approve the ordinance as passed by Council and sign the ordinance; or
b. Veto the enacted ordinance requires the Mayor submit the written
objections to the City Clerk and the City Council within ten (10) days;
or
c. Do not sign the ordinance, which will become valid within ten (10)
days.
D. Enactment of the ordinance.
a. Veto: The City Council may amend the agenda of at the next City
Council meeting for the written objections to be read into the record
under Council Business. The City Council may take action at the City
Council meeting or at the following City Council meeting. City
Council has the option to:
1) Reconsider the enacted ordinance to incorporate the Mayor's
written objections; or
2) Override the Mayor's veto with a majority plus one vote.
b. Mayor does not sign ordinance within ten (10) days: the Deputy Mayor
must sign the ordinance.
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E. Publication of the Ordinance
The City Clerk shall publish the enacted ordinance title in the official
newspaper, which will establish the effective date, after the final action by the
Mayor and/or the City Council.
(9) Council Reports
The Council Members may report on significant activities since the last meeting.
(10) Mayor Report
The Mayor and staff update the Council Members on current issues or items of
Council interest.
(11) Adjournment
With no further business to come before the Council, the Mayor adjourns the
meeting.
2.3 MEETING MINUTES
The City Clerk will keep an account of all proceedings of the Council in accordance with the
statutory requirements, and proceedings will be entered into a minute book constituting the
official record of the Council. City Council meeting minutes will not be revised without a
majority affirmative vote of the Council at a regularly scheduled Council meeting.
2.4 COUNCIL MEMBER SEATING
A City Council Member's seat at the dais will be determined as follows:
(1)
The Mayor and Deputy Mayor shall sit in Chairs #4 and #5, the center seats at the
dais; and
(2) The remaining Council Members will be seated north to south by position #1 through
#7, as consecutively as possible.
SECTION 3. AGENDA PREPARATION
3.1 The City Clerk will prepare an agenda for each Council meeting specifying the time and
place of the meeting and a list of each item to be considered by the Council.
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3.2 The agenda is subject to approval by the Deputy Mayor and one Committee Chair. The
assignment of the Committee Chair will be for one year in accordance with the
alphabetical order of the committees:
o Finance /Economic Development/Regional Affairs Committee
o Land Use /Transportation Committee
o Parks /Recreation/Human Services & Public Safety Committee
3.3 An item may be placed on a Council meeting agenda by any of the following methods:
o A majority vote of the Council;
o Council Consensus;
o By any two (2) Councilmembers;
o By a Council Committee; or
o By the Mayor
3.4 The proposed agenda will be provided to all City Councilmembers no less than 48 hours
prior to publication.
3.5 Publication of the final agenda will occur no later than the Thursday prior to the Council
meeting at 5:00 pm, and publication of the complete Council packet will occur no later
than the Friday prior to the Council meeting at 5:00 pm.
3.6 A Regular Meeting Agenda may be amended to add an item after it has been published, if
the Councilmember or Mayor explains the necessity and receives a majority vote of the
Council at the start of the public meeting.
3.7 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.
3.8 All agenda packets will be in the format provided by the City Clerk's Office.
SECTION 4. COUNCIL DISCUSSION
4.1 All Council discussion shall be governed by ROBERTS RULES OF ORDER, NEWLY
REVISED.
SECTION 5. CITIZEN COMMENT
5.1 Persons addressing the Council, who are not specifically scheduled on the agenda, will be
requested to step up to the podium, give their name for the record, and limit their remarks to
three (3) minutes. A person speaking on behalf of a group of more than five (5) in
attendance or written proof that more than five (5) designate as spokesperson may speak for
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five (5) minutes. No speaker may convey or donate his or her time for speaking to another
speaker. All remarks will be addressed to the Council as a whole, and not to individual City
staff members. Any person making personal, impertinent, or slanderous remarks, or who
becomes boisterous, threatening, or personally abusive while addressing the Council, may be
requested to leave the meeting.
5.2 Written comments received prior to the start of the meeting will be accepted by the City
Clerk. The City Clerk will read the written comment into the record during the Public
Comment portion of the meeting. The time limits as set forth in Rule 5.1 will apply to
written comments being read into the record.
5.3 The Mayor has the authority to preserve order at all meetings of the Council, to cause the
removal of any person from any meeting for disorderly conduct and to enforce these Rules.
The Mayor may command assistance of any peace officer of the City to enforce all lawful
orders of the Mayor to restore order at any meeting.
5.4 Citizens with complaints, concerns or questions, will be encouraged to refer the matter to the
Mayor, 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 Mayor or City Management staff,
of the existence of the City's Board of Ethics, and of the procedures for requesting Ethics
Board opinions and/or investigations from the Ethics Board.
SECTION 6. MOTIONS
6.1 If a motion does not receive a second, it dies. Motions that do not need a second include:
Nominations, withdrawal of motion, agenda order, request for a roll call vote, and point of
order.
6.2 A motion that receives a tie vote is deemed to have failed.
6.3 When making motions, be clear and concise and not include arguments for the motion within
the motion.
6.4 After a motion and second, the Mayor will indicate the names of the Council Members
making the motion and second.
6.5 After a motion has been made and seconded, the Council may discuss their opinions on the
issue prior to the vote. No further citizen comments may be heard when there is a motion
and a second on the floor, unless allowed by the Mayor.
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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 of the motion; is not amendable, and may be reconsidered at the same
meeting only if it received an affirmative vote.
6.11 A motion to call for the question shall close debate on the main motion and is undebatable.
This motion must receive a second and fails without a two - thirds' (2/3) vote; debate is
reopened if the motion fails.
6.12 A motion to amend is defined as amending a motion that is on the floor and has been
seconded, by inserting or adding, striking out, striking out and inserting, or substituting.
Motions that cannot be amended include: Motion to adjourn, agenda order, lay on the table,
roll call vote, point of order, reconsideration and take from the table. A motion to amend an
amendment is not in order.
6.13 Amendments are voted on first, then the main motion as amended (if the amendment
received an affirmative vote).
6.14 The motion maker, Mayor or City Clerk should repeat the motion prior to voting.
6.15 At the conclusion of any vote, the Mayor will announce the results of the vote.
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6.16 When a question has been decided, any Council 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.
6.17 The City Attorney shall decide all questions of interpretations of these Rules and other
questions of a parliamentary nature which may arise at a Council meeting. (See also Section
4 of these Rules.) All cases not provided for in these Rules shall be governed by Robert's
Rules of Order, Newly Revised. In the event of a conflict, these Rules shall prevail.
6.18 Roll call votes will be taken during all televised Council meetings on non - unanimous votes,
or if requested by a Council Member, or as required by law. The purpose of roll call votes is
to assist the City Clerk in recording the vote and to communicate to the viewing public
during televised City Council meetings the outcome of the vote. The official meeting
minutes will always reflect roll call votes on each action item.
6.19 The Mayor's decision on a point of order may be appealed. If seconded, the appeal may be
voted on by the Council. An appeal may not be amended, is not debatable when it relates to
indecorum, transgressions of the rules of speaking, the priority of business, or if the appeal is
made while the previous question remains pending. In the event of a tie vote, the Mayor may
vote unless the matter is an ordinance, grant, revocation of franchise or license, or resolution
for payment of money. An appeal is not in order when another appeal is pending.
SECTION 7. ORDINANCES
7.1 All ordinances shall be prepared or reviewed by the City Attorney. No ordinance shall be
prepared for presentation to the Council, unless requested by a majority of the Council, or
requested by the Mayor or City Attorney.
7.2 Ordinances will be introduced and enacted by a Council Bill Number. After enactment, the
City Clerk shall assign a permanent ordinance number.
7.3 The City Clerk or designee shall read the title of the ordinance prior to voting unless the
ordinance is on the Consent Agenda.
7.4 Upon enactment of the ordinance, the City Clerk shall obtain the signature of the City
Attorney. After the City Attorney's signature, the City Clerk shall obtain the signature of the
Mayor. After the Mayor's signature, the City Clerk shall sign the ordinance.
7.5 If the Mayor objects to the ordinance and notifies the Council of the objections, the Council
may vote on the disputed ordinance at the next City Council meeting. If a majority of the
Council plus one vote to approve the disputed ordinance, it becomes effective in accordance
with the effective date in the ordinance. If a majority of the Council plus one do not approve
the disputed ordinance, it fails.
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7.6 Ordinances, or ordinance summaries, shall be published in the official newspaper, as a legal
publication, immediately following enactment.
7.7 Ordinances become effective thirty (30) days after the passage of the ordinance unless
otherwise specified.
SECTION 8. MAYOR AND DEPUTY MAYOR
8.1 The Presiding Officer at all meetings of the Council shall be the Mayor, and in the absence of
the Mayor, the Deputy Mayor will act in that capacity. If both the Mayor and Deputy Mayor
are absent, the Council Members present shall elect one of its members to serve as Presiding
Officer until the return of the Mayor or Deputy Mayor.
8.2 The Presiding Officer shall:
(1) Preserve order and decorum in the Council chambers;
(2) Observe and enforce these Rules;
(3)
Decide all questions on order, in accordance with these Rules, subject to appeal by
any Council Member;
(4) Recognize Council Members in the order in which they request the floor. The
Presiding Officer, as a Council Member, shall have only those rights, and shall be
governed in all matters and issues by the same rules and restrictions as other Council
Members; and
(5) From time to time, appoint Council Members to serve on City Council and ad hoc
committees.
SECTION 9. COUNCIL RELATIONS WITH CITY STAFF
9.1 There will be mutual respect from both City staff and Council Members of their respective
roles and responsibilities when, and if, expressing criticism in a public meeting.
9.2 City staff will acknowledge the Council as policy makers, and the Council Members will
acknowledge City staff as administering the Council's policies.
9.3 All written informational material requested by individual Council Members shall be
submitted by City staff, after approval of the Mayor, to all Council Members with a notation
indicating which Council Member requested the information.
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9.4 Council Members shall not attempt to coerce or influence City staff in the selection of
personnel, the awarding of contracts, the selection of consultants, the processing of
development applications or the granting of City licenses or permits.
9.5 The Council shall not attempt to change or interfere with the operating rules and practices of
any City department.
9.6 Mail that is addressed to Council Members shall be copied and circulated to all City Council
Members by the City Clerk, as soon as practicable after it arrives.
9.7 The City Clerk shall not open mail addressed to individual Council Members if it is marked
personal and/or confidential.
9.8 No Council Member shall direct the Mayor to initiate any action or prepare any report that is
significant in nature, or initiate any significant project or study without the consent of a
majority of the Council. New initiatives having policy implementation shall be directed to a
Council Committee for consideration.
9.9 Individual requests for information can be made directly to the Department Director unless
otherwise determined by the Mayor. If the request would create a change in work
assignments or City staffing levels, the request must be made through the 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 to a public
meeting, if possible.
SECTION 10. COUNCIL MEETING STAFFING
10.1 The Mayor shall preside over all regular meetings of the Council unless excused. The Mayor
may make recommendations to the Council. When the Mayor has an excused absence, the
Deputy Mayor shall preside over 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.
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SECTION 11. COUNCIL MEMBER ATTENDANCE AT MEETINGS
11.1 EXCUSED ABSENCES
Excused absences are defined as follows:
(1) Death of immediate family member
"Immediate family members" are defined as: spouse, child, parents, siblings,
grandparents, father and mother -in -law, or daughter and son -in -law.
(2) Illness
(3)
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.
Three nonconsecutive absences
Three (3) nonconsecutive absences per calendar year provided that prior notice is
given to as referenced in Section 11.3.
(4) Absences for Council Business
A Council member who is absent because of other commitments representing
Council or because of circumstances beyond the Council member's control, which
include but are not limited to traffic, weather, accident.
11.2 VACANCY OF OFFICE
A Council position shall become vacant upon three (3) consecutive unexcused absences or
more than three (3) nonconsecutive absences as defined in Section 11.1(3). (RCW
35A.12.060)
11.3 Council Members will inform the Mayor, the Deputy Mayor, 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.
11.4 ATTENDANCE FROM A REMOTE LOCATION
(1) Purpose. The City Council recognizes the benefits of the fullest practicable
attendance and participation by its Members and by the Mayor and hereby allows for
attendance at Regular and Special City Council meetings as well as Committee
meetings from a remote location through use of electronic means including such two -
way communication methods as speakerphone that provide full audio capability.
Attendance from a remote location will not be permitted for Executive Sessions.
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(2) Effect. For purposes of voting by a member (or members) of the Council, such
attendance from a remote location shall be considered the equal of being physically
present in the Council Chambers. If the Mayor attends by remote means, he /she may
participate in discussions, but the Deputy Mayor, if physically present in Chambers,
shall be the presiding officer to best facilitate an orderly and efficient process.
(3) Intent. Attendance from a remote location is intended to be an alternative and
relatively infrequently -used method for participation at meetings by members of the
Council.
(4) Limit. Only two Councilmembers may attend any one meeting by remote
communication. Councilmembers intending to participate in a meeting from a
remote location should let the City Clerk know as soon as possible of his/her
intention. The City Clerk will confirm that one of the two remote connections is still
available for that specific meeting.
(4) System Requirement. All communication to and from the remote location must be
clearly heard by all others in attendance.
(5) Protocol. In any meeting involving remote attendance, the presiding officer shall
inform all present of the intent to use remote communication. At the beginning of the
meeting, the presiding officer shall announce to all in attendance that a particular
member of the Council and /or Mayor is present on the speakerphone from a remote
location and confirm that all participants can hear each other clearly. This
confirmation will be recorded in the meeting minutes.
If the Councilmember or Mayor who is attending from a remote location will not be
participating through the entire meeting, the presiding officer will announce through
what portion attendance by remote location will occur.
If during the court of the meeting, remote communication is irreparably broken or
significantly degraded, the presiding officer shall confirm the loss of the connection
and close the remote attendance.
SECTION 12. PUBLIC HEARINGS
12.1 TYPES
There are two types of public hearings: legislative and quasi-judicial. The Mayor will state
the public hearing procedures before each public hearing. Citizens may comment on public
hearing items.
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12.2 LEGISLATIVE PUBLIC HEARINGS
The purpose of a legislative public hearing is to obtain public input on legislative decisions
on matters of policy, including without limitation, review by the City Council of its
comprehensive land use plan or the biennial budget.
12.3 QUASI- JUDICIAL PUBLIC HEARINGS
The purpose of a quasi-judicial public hearing is to decide issues including the right of
specific parties and include, without limitation, certain land use matters such as site specific
rezones, preliminary plats, and variances. The City Council's decision on a quasi-judicial
matter must be based upon and supported by the "record" in the matter. The "record"
consists of all testimony or comment presented at the hearing and all documents and exhibits
that have been submitted. In quasi-judicial hearings, Council Members shall comply with
all applicable laws including without limitation the appearance of fairness doctrine (Chapter
42.36 RCW).
APPEARANCE OF FAIRNESS. Council members should recognize that the Appearance of
Fairness Doctrine does not require establishment of a conflict of interest, but whether there is
an appearance of conflict of interest to the average person. This may involve the Council
member or a Council member's business associate, or immediate family. It could involve ex
parte (outside the hearing) communications, ownership of property in the vicinity, business
dealings with the proponents and/or opponents before or after the hearing, business dealings
of the Council member's employer with the proponents and/or opponents, announced
predispositions, and the like. Prior to any quasi-judicial hearing, each Council member
should give consideration to whether a potential violation of the Appearance of Fairness
Doctrine exists. If so, no matter how remote, the Council member should disclose the facts
to the Mayor who will seek the opinion of the City Attorney, which will be communicated to
the Council member and the Mayor.
SECTION 13. MEDIA REPRESENTATION AT COUNCIL MEETINGS
13.1 All public meetings of the City Council, Council Committees, and Council advisory
committees shall be open to the media, freely subject to recording by radio, television and
photographic services at any time, provided that such arrangements do not interfere with the
orderly conduct of the meeting. Seating space shall be provided for the media at each public
meeting.
SECTION 14. COUNCIL REPRESENTATION
14.1 If a Council Member appears on behalf of the City before another governmental agency, a
community organization, or through the media, for the purpose of commenting on an issue,
the Council Member shall state the majority position of the Council, if known, on such issue.
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Personal opinions and comments which differ from the Council majority may be expressed if
the Council Member clarifies that these statements do not represent the Council's position.
14.2 Council Members need to have other Council Members ' concurrence before representing (1)
another Council Member's view or position, or (2) the majority of Council's view or position
with the media, another governmental agency or community organization.
SECTION 15. CONFIDENTIALITY
15.1 Council Members shall keep confidential all written materials and verbal information,
including but not limited to the topic(s) and /or the substance, provided to them during
Executive Sessions, to ensure that the City's position is not compromised. Confidentiality
also includes information provided to Council Members outside of Executive Sessions when
the information is considered to be exempt from disclosure under exemptions set forth in the
Revised Code of Washington (RCW 42.23.070(3)).
15.2 If the Council, in Executive session, has provided direction or consensus to City staff on
proposed terms and conditions for any type of issue, all contact with the other party should be
done by the designated City staff representative handling the issue. Council Members should
obtain the permission of the majority 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 discussion needs to
make full disclosure to the City Council in a timely manner.
15.3 Council member believes that a topic or discussion in Executive Session is improper, the
Council member may refuse to participate and leave the Executive Session and say nothing
outside of the Executive Session.
SECTION 16. COUNCIL TRAVEL AND EXPENSES
16.1 PURPOSE AND ADMINISTRATION
The objectives of this policy are to provide elected officials who incur authorized travel,
subsistence, registration and related expenses while on city business, reasonable and timely
mechanisms for the reimbursement and/or the advancement of such necessary expenditures.
It is also recognized that City payment for business related food and beverage for non - travel
purposes will be incurred by the City Council wherein reimbursement will be provided. This
policy statement also serves to provide guidelines by which to determine whether or not
expenditures by the City Council may be reimbursable to the Council Member, and by which
to determine refreshments and related costs served or made available at meetings involving
volunteers and other quasi - employees are legitimate City expenditures.
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Claimants have the responsibility for becoming knowledgeable about authorized
expenditures and the documentation requirements. Care must be taken to avoid unnecessary
or excessive expenditures, and those not directly and reasonably related to the conduct of
City business.
16.2 DOCUMENTATION
Except for per diem allowances, no claim for reimbursement shall be paid unless it is
accompanied by a bona fide vendor's receipt. Such receipts should show the date, a
description of the purchase, vendor identification and amount paid.
16.3 CLAIMS
Claims for reimbursement shall contain the following:
(1)
The name of the person who consumed the goods or used the service for which
reimbursement is requested, whether it be for meals, lodging, transportation or any
other purpose; and
(2) A description of the event, occasion or circumstances related to the claim and the
public policy or public purpose served.
16.4 MEALS
Meal costs must be incurred directly by the claimant; direct billing to the City by a restaurant
is prohibited except by way of an authorized City credit card.
Reasonable payment for table service at a restaurant, 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 cost of necessary meals while conducting City business is authorized for
reimbursement.
All City officials claiming reimbursement for meals consumed while on City business shall
be entitled to reimbursement not to exceed the per diem rate as established by the Mayor and
modified from time to time.
Notwithstanding the foregoing index, actual meal costs may be claimed when they are part of
a regularly scheduled business event such as training seminar, professional meeting, or other
business meeting.
If the costs of meals for persons other than the claimant are included, unless otherwise
approved by the Mayor or designee, those persons must be entitled to meal reimbursement in
their own right and they shall be listed by name and title in claim documentation.
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16.6 EXPENDITURES NOT INCLUDABLE AS ACTUAL MEAL COSTS
Unauthorized expenditures include, but are not limited to:
(1) Liquor.
(2) Expenses of a spouse or other persons not authorized to receive reimbursement under
this policy.
16.7 TRAVEL
Reimbursement for reasonable costs of business travel is authorized. General guidelines are
as follows.
16.8 CITY VEHICLE
Out -of -the -area costs of vehicle operation are authorized, such as gas, oil, tires and necessary
repairs.
16.9 PERSONAL VEHICLE
Expenses shall be reimbursed for travel within a 300 mile radius of the City at such rate per
mile as shall be established from time to time by the Mayor 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 airfare obtainable by the City's Finance Staff plus mileage
reimbursement at the then current City rate, based upon the estimated distance between the
airport and the destination. Incidental travel costs such as parking, ferry or bridge tolls are
reimbursable as they would be if a City vehicle was provided.
16.10 RENTAL VEHICLE
The cost of vehicle rental is considered an exception to this policy and must be approved by
the Deputy 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 shall 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.
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(2) The authorized procurer will arrange for air travel based on the lowest available
airfare for a regularly scheduled flight which reasonably accommodates the time of
travel requested, and the destination as specified.
(3) The authorized procurer will purchase the tickets at the time the rate is quoted and
the Council Member will be advised of the arrangements for acquiring the tickets.
(4) If personal travel is combined with business related travel, the traveling Council
Member shall be responsible for paying the increase in airfare necessary to
accommodate the personal part of the flight. The City shall only pay the lowest
available airfare for the round trip between the Seattle /Tacoma airport and the
business related destination. Such payment for a personal travel shall accompany the
City's payment to the vendor for the tickets whenever feasible.
(5)
If changes in travel plans occur that are the result of City business requirements, (i.e.
delays in departure, cancellations, extended stays, or revised itinerary) any associated
costs shall be paid by the City. However, all increase in cost of travel due to changes
for personal convenience will be borne by the Council Member.
(6) Officials who obtain airline tickets on their own will be reimbursed based on the
lower of: a) Actual out -of- pocket cost paid for the airline tickets or alternate means
of transportation (substantiated by a receipt); or b) the lowest airfare available for
their time of travel, unless an exception is granted in writing by the Deputy 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 Deputy
Mayor.
16.12 FIRST CLASS AIR TRAVEL
First class air travel is not authorized.
16.13 OTHER TRAVEL EXPENSES
Miscellaneous travel costs such as bus, taxi, bridge or other tolls, parking, ferry, porter,
bellman and the like (not including any maid service) are authorized by a listing of same as
provided by the reimbursement form. Payment of a reasonable amount for porter service,
bellman service and the like is considered to be a necessary payment for such service and,
therefore, reimbursable.
16.14 VENDOR'S RECEIPT
A vendor's receipt will be required only when the single item cost of this type expense
exceeds $10.00.
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Local parking, ferry and bridge tolls may be reimbursed through the Petty Cash system,
subject to the Petty Cash Guidelines.
16.15 OUT -OF -STATE OR OVERNIGHT TRAVEL
To be eligible for any City reimbursement for out of state and/or overnight travel expense,
the one way travel distance must be greater than 50 miles from City or home.
16.16 ACCOMMODATIONS
Reasonable hotel /motel accommodations for officials are acceptable and will be reimbursed
at a maximum of the single room rate. A vendor's receipt for this category is required for all
claims. Direct billing of hotel /motel charges is not allowed unless by way of an authorized
City credit card.
16.17 INCIDENTAL EXPENSES
Includes all reasonable and necessary incidental expenses and includes, but is not limited to,
the following:
(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.
(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.
Airline and other trip insurance.
Personal postage, reading material, telephone calls.
Personal toiletry articles.
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16.18 NON - TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY
Reimbursable expenses are subject to the following:
(1) Meals consumed by the City official during meetings and other functions which
conduct official City business or serve to benefit the City of Federal Way are
reimbursable to the official.
(2) Generally, the City will not incur costs for refreshments, and other related items, for
meetings or functions held in the normal course of business or that are attended
solely by City officials. However, such meetings or functions wherein a municipal
function, public purpose, or City program is served or furthered, and wherein the City
Council has expressly approved the meeting as such, the City may incur such costs
directly or as a reimbursement to employees who have incurred such costs on behalf
of the City.
(3) Refreshments purchased solely for personal entertainment are not a legitimate City
expense.
16.19 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.
(2) Private celebrations rather than public celebrations are not generally considered as
serving a public purpose. Refreshment, food and beverage related costs would
therefore not be recognized as legitimate City expense.
(3)
Support of a local "event" or celebration may not take the form of a gratuitous
contribution of public funds to a private person, committee or organization.
Expenditure of public funds on a publicly sponsored event requires the existence of a
recognizable public purpose that relates to the City's existence, proper authorization
from the legislative authority for such public sponsorship, and a reasonable
relationship between the amount of the City's expenditure and the "public" nature of
the event.
16.20 MEAL REIMBURSEMENT FOR NON -CITY OFFICIALS
Council Member claims for the reimbursement of meal costs for non -city employees and
non -city officials shall be documented and approved by the Mayor or designee. The
documentation must identify:
(1) The names of the individual or individuals being hosted;
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(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.
16.21 CLAIMS AND APPROVAL PROCEDURE
All claims shall be submitted for reimbursement using the form provided by the City Finance
Department. Travel and subsistence expenses except for incidental and minor costs will not
be paid from any Petty Cash Fund, unless it is in compliance with petty cash policy adopted
by the City.
16.22 Approvals required by this policy shall be obtained by Council Members, from the Deputy
Mayor or designee.
16.23 Claims may include the reimbursable costs of other City officials who would be entitled in
their own right to claim business expenses.
16.24 Claims of Council Members must be approved by the Mayor or his/her designee for
reimbursement.
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 of 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 that are allocated in the budget must be
approved by the Deputy Mayor or designee.
Meetings, conventions or training programs that require expenditure of funds to be
reimbursed or paid on behalf of Council Members that are not anticipated and not allocated
in the budget must be approved by the Deputy Mayor in consultation with the Mayor.
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 such reports shall be maintained by the City
Clerk.
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The Mayor shall make an annual 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 RECORDS
17.1 Public records created or received by 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 required to be retained. Questions about whether or not a document is a
public record or if it is required to be retained should be referred to the City Attorney.
17.2 Electronic mail communications that do not relate to the functional responsibility of the
recipient or sender as a public official, such as meeting notices, reminders, telephone
messages and informal notes, do not constitute a public record. All other messages that
relate to the functional responsibility of the recipient or sender as a public official constitute a
public record.
E -mail communications that are intended to be shared among four or more Council members,
whether concurrently or serially, must be considered in light of the Open Public Meetings
Act. If the intended purpose of the e-mail is to have a discussion that should be held at an
open meeting, the electronic discussion should not occur. Further, the use of e -mail
communication to form a collective decision of the Council violates the Open Public
Meetings Act.
SECTION 18. DEPUTY MAYOR SELECTION PROCESS
18.1 The Deputy Mayor shall be nominated and elected from the ranks of the sitting Council
Members.
18.2 The Deputy Mayor shall be elected for two (2) year terms at the first Regular City Council
meeting in January of the applicable year, by a majority vote of the City Council in
accordance with RCW 35A.12.065. The City Council may rescind the vote of the Deputy
Mayor by a simple majority. If a vacancy occurs, the Council shall elect a Deputy Mayor to
fill the unexpired term.
18.3 The Mayor or designee shall conduct the election for the Deputy Mayor. (See Appendix "A"
to these Rules.)
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SECTION 19. CITY ADVISORY COMMITTEES
19.1 Federal Way's commissions, committees and task forces provide an invaluable service to the
City. Their advice on a wide variety of subjects aids Council Members in the decision -
making process. Effective citizen participation is an invaluable tool for local government.
19.2 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.
19.3 Federal Way advisory bodies bring together citizen viewpoints which might not otherwise be
heard. Persons of wide - ranging interests who want to participate in public service but not
compete for public office can be involved in governmental commissions, committees and
task forces. These bodies also serve as a training ground or stepping stone for qualified
persons who are interested in seeking public office.
19.4 As Federal Way advisory bodies have been formed since incorporation, the adoption of
uniform rules of procedure is necessary to assure maximum productivity. The following
policies govern the City's advisory groups; some of these advisory groups may have more
specific guidelines set forth by ordinance, resolution, the Federal Way City Code, or at times
by state law.
19.5 Every advisory body, when it is formed, will have a specific statement of purpose and
function, which will be re- examined periodically by the City Council to determine its
effectiveness. This statement of purpose is made available to all citizen members when they
are appointed.
19.6 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.
19.7 The Council may dissolve any advisory body that, in their opinion, has completed its
working function or for any other reason.
19.8 Members and alternate members of all advisory bodies are appointed by majority vote of the
Council Members during a regularly scheduled meeting.
19.9 For new applicants responding to the advertisement, the Council Committee of the Whole
will 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 eligible to vote on the recommendation to be
made to the full Council. A quorum of three (3) Council Members shall be required to
forward any recommendation to the full Council. The full City Council shall vote on the
appointments to the Citizen Advisory Committee at a regularly scheduled Council meeting
unless the appointment is made under Rule 19.12.
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19.10 Vacancies on Commissions will be filled as follows:
(1) Filling Vacancies at End of Term
To fill a vacancy created by the expiration of a term, City Staff will advertise the availability
of the open position to the public. The citizen currently serving in the position may reapply
for the same position. All applicants, including the incumbent, will be interviewed pursuant
to the process outlined in Council Rule 19.9.
(2) Filling Vacancies Mid -Term
When a citizen advisory position becomes vacant mid -term, tThe City Council will may
appoint an alternate commissioner who is already serving on that same board or commission
to fill the mid -term vacancy.
Alternates who were previously interviewed within 12 months of the vacancy being created
do not need to be interviewed again prior to appointment as a voting member.
19.11 Council Members will raise any concerns about any recommendation prior to the City
Council meeting that is scheduled for the approval of the appointment.
19.12 Vacancies will be advertised not more than three times so that any interested citizen may
submit an application. Council Members are encouraged to solicit applications from
qualified citizens. In the event there are an insufficient number of applications to fill the
vacancies, the Deputy 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 19.9.
If no Council Member requests the interview process, the Deputy Mayor will appoint said
new applicants and announce the appointment at a regular City Council meeting. Applicants
must be citizens of the City of Federal Way if required by the Federal Way City Code or if
required by the City Council. Applications shall be available from the Office of the City
Clerk.
19.13 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.
19.14 Newly appointed members will attend an orientation no later than thirty (30 days after the
appointment. The orientation will include a presentation by the City Attorney, or designee,
to address applicable laws, including the Federal Way Ethics Code, and receive a briefing by
the commission, committee or task force chairperson, the Council Committee Chair and/or
City staff. The briefing will include the duties and responsibilities of the members of the
advisory body. Each newly- appointed member will receive an information packet which will
include a commission, committee or task force membership list, responsible City staff
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member, statement of purpose for the advisory body which may include an ordinance,
resolution, bylaws, or annual work program and a copy of the City of Federal Way Ethics
Code.
19.15 All advisory bodies will be responsible for adopting their operating policies consistent with
the establishing resolution or ordinance.
19.16 All meetings of advisory bodies are open to the public in accordance with the public meeting
laws of the State of Washington which requires a minimum 24 -hour advance notice; no
advisory committee will schedule a meeting earlier than 7:00 a.m.
19.17 The number of meetings related to business needs of the advisory group may be set by the
individual body, unless set forth in a resolution or ordinance. Notice of all meetings,
including date, time, place and principal subjects to be discussed will be published in
accordance with the public meetings laws of the State of Washington and the policies of the
City of Federal Way.
19.18 The advisory body chairperson will be responsible for coordinating the meeting agendas with
the appropriate City support staff.
19.19 Minutes will be kept of all meetings in accordance with the public meeting laws of the State
of Washington. The appropriate City support staff will be responsible for preparation of the
minutes of each advisory committee meeting.
19.20 Excessive absenteeism, excluding illness or required travel, is cause for the removal of an
advisory body member. Three (3) consecutive absences will be considered resignation from
the body unless prior to the third absence, the member has requested, and been granted, an
excused absence. The advisory body granting the excused absence will determine the
validity of the request.
19.21 Members may resign at any time their personal circumstances change to prevent effective
service.
Members may be removed, from any advisory committee, prior to the expiration of their term
of office, by a majority vote of the City Council.
19.22 A quorum for conducting business is a simple majority of the membership of the advisory
body.
19.23 At the first meeting of each calendar year or upon appointment all members of advisory
bodies shall provide a written list of all memberships on boards and employment to the Chair
and to Staff. The list shall include the members and immediate family (spouse /partner and
dependant children). It is the responsibility of the member to update the list when changes
occur. The purpose of the list is to avoid any instance of conflict of interest. No individual
should use an official position for financial gain and/or personal advantage.
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19.24 Lobbying efforts by any advisory bodies on legislative, or political, matters should first be
checked for consistency with existing City policy by contacting the Mayor's office. In the
event a position is taken that differs from that of the City's policy, an advisory body acting as
an official body of the City of Federal Way, cannot represent that position before another
body, i.e., the State Legislature or the King County Council. An individual member is free to
voice a position, oral or written, on any issue as long as it is made clear that he or she is not
speaking as a representative of the City of Federal Way, or as a member of his or her
commission, committee or task force.
19.25 Members of advisory bodies are encouraged to attend City Council meetings to keep abreast
of Council actions.
19.26 The City Council transmits referrals for information or action through the Mayor and the
applicable Council Committee Chair to the advisory groups. These advisory groups transmit
findings, reports, etc., to the City Council through the Mayor and the applicable Council
Committee Chair.
19.27 While the City staffs role is one of assisting the commission, committee or task force, the
City staff members are not employees of that body. The City staff members are directly
responsible to his or her Department Director and the Mayor.
19.28 Annually, each advisory committee shall develop a work program for the City Council's
consideration and approval. The City Council may amend the committee's work program.
SECTION 20. COUNCIL COMMITTEES
20.1 Council committees are policy review and discussion arms of the Council. Committees may
study issues and develop recommendations for consideration by the Council. Committees
may not take binding action on behalf of the City unless a quorum of the City Council is
present, the Council Committee has been advertised as a Special Meeting of the Whole City
Council and, by majority vote, the City Council has directed that such action occur at the
Council Committee.
Council Committee structure shall be as determined by the City Council in January of each
year. The committees are as follows:
o Finance /Economic Development/Regional Affairs Committee
o Land Use /Transportation Committee
o Parks /Recreation/Human Services & Public Safety Committee
20.2 Committees shall establish regular meeting schedules as determined by the Chair of the
Committee in consultation with the Committee members.
20.3 Each committee will have staff support assigned by the Mayor. Staff will work with the
committee chairs to set agendas, provide support materials and prepare reports.
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20.4 Summaries of each meeting will be prepared by staff and distributed to the Mayor and
Council Members. These summaries will be in lieu of verbal reports at Council meetings.
20.5. The Mayor or Deputy Mayor may send issues directly to committees for their review in lieu
of being referred to committee by the entire Council.
20.6 Committee appointments (chairs and members) shall be made by the Deputy Mayor. The
Deputy Mayor will take into account the interests and requests of individual Council
Members in making committee assignments.
20.7 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.
20.8 The Deputy Mayor may serve as "ex officio" or be appointed to a committee an ex officio
(voting) member of a committee when a quorum of committee members is not available. If
during a meeting when the Deputy Mayor is serving as an ex officio member, a quorum of
committee members appears at the meeting, the Deputy Mayor will no longer serve as an ex
officio member unless there is a pending matter before the committee that the Deputy Mayor
has participated in discussions for and is prepared to vote on.
20.9 The Deputy Mayor will make committee assignments each January, with members serving
two (2) year terms. Council shall ratify the Deputy Mayor's committee assignments at the
Council Meeting. The Deputy Mayor has the discretion to appoint or remove Committee
members at any time, subject to ratification by the Council.
SECTION 21. FILLING CITY COUNCIL & MAYOR VACANCIES
21.1 PURPOSE
The purpose of this section is to provide guidance to the City Council when a Federal Way
Council Member or Mayor position becomes vacant before the expiration of the official's
elected term of office. Pursuant to state law, a vacancy shall be filled only until the next
regular municipal election, to serve the remainder of the unexpired term.
21.2 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.
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RCW 35A.12.050 - Vacancies - Filling of Vacancies in Mayor - Council Form of
Government.
21.3 APPOINTMENT PROCESS
(1) A Council position or Mayor position shall be officially declared vacant upon the
occurrence of any of the causes of vacancy set forth in RCW 42.12.010, including
resignation, recall, forfeiture, written intent to resign, or death of a Council Member
or Mayor. The Council Member or Mayor who is vacating his or her position cannot
participate in the appointment process.
(2) The Mayor 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 City Council shall direct staff to begin the Mayoral
appointment process and establish and interview and appointment schedule, so that
the position is filled at the earliest opportunity.
(3)
The City Clerk's Office shall prepare and submit a display advertisement to the City's
official newspaper, with courtesy copies to all other local media outlets, which
announces the vacancy consistent with the requirements necessary to hold public
office: that the applicant (a) be a registered voter of the City of Federal Way, and (b)
have a one (1) year residency in the City of Federal Way. This display advertisement
shall be published once each week for two (2) consecutive weeks. This display
advertisement shall contain other information, including but not limited to, time to be
served in the vacant position, election information, salary information, Council
Member or Mayor powers and duties, the deadline date and time for submitting
applications, interview and appointment schedules, and such other information that
the City Council deems appropriate.
(4) The City Clerk's Office shall prepare an application form which requests appropriate
information for City Council consideration of the applicants. Applications will be
available at City of Federal Way offices, King County libraries located in Federal
Way, the Federal Way Chamber of Commerce office, the Federal Way School
District administration office and such other locations that the City Council deems
appropriate. Copies of the display advertisement will be provided to current
members of City of Federal Way commissions, committees, task forces and other
City- sponsored citizen groups.
(5)
Applications received by the deadline date and time will be copied and circulated, by
the City Clerk's Office, to the Mayor and City Council. Packets may also contain
additional information received such as endorsements, letters of reference and other
pertinent materials.
(6) The City Clerk's Office shall publish the required public notice(s) for the meeting
scheduled for interviewing applicants for consideration to the vacant position. This
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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 Deputy Mayor shall
accept one interview question from each Council Member.
21.4 INTERVIEW MEETING
Each interview of an applicant/candidate shall be no more than 30 minutes in length as
follows:
(1) The applicant shall present his or her credentials to the City Council. (10 minutes)
(2) The City Council shall ask the predetermined set of questions which must be
responded to by the applicant. Each applicant will be asked and will answer the same
set of questions, and will have 2 minutes to answer each question. (14 minutes)
(3)
(4)
(5)
An informal question and answer period in which Council Members may ask and
receive answers to miscellaneous questions. (10 minutes)
The applicants' order of appearance will be determined by a random lot drawing
performed by the City Clerk.
The Council may reduce the 30- minute interview time if the number of applicants
exceed six (6) candidates, or alternatively, the Council may elect not to interview all
of the applicants if the number exceeds six (6) candidates. The decision as to which
applicants to interview will be based on the information contained in the application
forms.
21.5 VOTING
Upon completion of the interviews, Council Members may convene into Executive Session
to discuss the qualifications of the applicants. However, all interviews, deliberations,
nominations and votes taken by the Council shall be in open public session.
(1) The Mayor shall ask for nominations from the Council Members for the purpose of
creating a group of candidates to consider. No second is needed.
(2) Nominations are closed by a motion, second and majority vote of the Council.
(3)
Council Members may deliberate such matters as criteria for selection and the
nominated group of candidates.
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(4) The Mayor shall poll Council Members to ascertain that Council Members are
prepared to vote.
(5) The City Clerk shall proceed with a roll -call vote.
(6) Elections will continue until a nominee receives a majority vote of the remaining
Council members.
(7)
At anytime during the election process, the City Council may postpone elections until
a date certain or regular meeting if a majority vote has not been received.
(8) Nothing in this policy shall prevent the City Council from reconvening into
Executive Session to further discuss the applicant/candidate qualifications.
(9) The Mayor shall declare the nominee receiving the majority vote as the new Council
Member and shall be sworn into office by the City Clerk at the earliest opportunity or
no later than the next regularly scheduled City Council meeting.
(10) If the City Council does not give a majority vote within 90 days of the declared
vacancy, the Revised Code of Washington delegates appointment powers to King
County.
SECTION 22. MISCELLANEOUS
22.1 When Council Members register to attend an official conference requiring voting delegates,
such as the annual National League of Cities or Association of Washington Cities, the
Council shall designate the voting delegate(s) and alternate voting delegate(s) during a public
meeting, by a majority vote; when possible, said selection of voting delegate(s) shall be done
on a rotating basis for the purpose of allowing all Council Members the opportunity to be an
official voting delegate.
SECTION 23. SUSPENSION AND AMENDMENT OF RULES
23.1 Any provision of these rules not governed by state law or ordinance, may be temporarily
suspended by a two - thirds (2/3) majority vote of the Council.
23.2 These rules may be amended, or new rules adopted, by a majority vote of the Council.
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APPENDIX "A"
DEPUTY MAYOR ELECTION PROCESS
(1) Any Council Member may nominate a candidate; no second is needed.
(2) Nominations are closed by a motion, second and 2/3 vote of Council.
(3) If only one (1) nomination is made, it is appropriate to make a motion and obtain a second to
instruct the City Clerk to cast a unanimous ballot for that nomination. Approval is by
majority vote of Council Members present.
(4) If more than one (1) nomination is made, an open election is conducted by roll call vote.
(5) To be elected, the nominee needs a majority vote of the Council.
(6) Elections will continue until a Deputy Mayor is elected by a majority vote of the Council.
(7) The Mayor shall declare the nominee receiving the majority vote as the new Deputy Mayor.
The Clerk shall swear the Deputy Mayor into office.
K: \mayor \city council \council rules\2016\2016 Council Rules
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