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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 • • 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 • • 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 • • 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. 1 • • (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. 2 • • (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. 3 • • (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. 4 • • 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. 5 • • 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 6 • • 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. 7 • • 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. 8 • • 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. 9 • • 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. 10 • • 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. 11 • • 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. 12 • • (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. 13 • • 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. 14 • • 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. 15 • • 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. 16 • • 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. 17 • • (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. 18 • • 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. 19 • • 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; 20 • • (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. 21 • • 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.) 22 • • 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. 23 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 24 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. 25 • • 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. 26 • • 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. 27 • • 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 28 • 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. 29 • • (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. 30 • • 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 31