RES 19-751 - Amending Council Rules of Procedure RESOLUTION NO. 19-751
A RESOLUTION 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, some portions of the Council Rules don't reflect current practices; and
WHEREAS,the Federal Way City Council discussed modifications to the Rules of Procedure
at its Council Retreat held on February 26, 2019; 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 26, 2019
Council Retreat to modify the rules to reflect current practice and to otherwise update them where
appropriate.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Rule 2.1(a) shall be amended as follows:
(a) 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 6:30 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.
Resolution No. 19-751 Page 1 of 24
If any Tuesday on which a meeting is scheduled falls on a legal holiday,the meeting
shall be held at 90 6:30 p.m. on the first business day following the holiday, or on
another day designated by a majority vote of the Council.
Section 2. Rule 2.2 shall be amended as follows:
(a) 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.
(b) Pledge of Allegiance
Council Members and, at times, invited guests lead the flag salute.
(c) Proclamations and Presentations
i. 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 that
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.
ii. Mayor- Introduction of New City Employees and Emerging Issues and Report
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iii. Council Committee and Regional Committee Reports
iv. Deputy Mayor Report
(d) Citizen Comment
Members of the audience may comment on items relating to any matter, except for
topics prohibited by RCW 42.17A.555 (prohibiting the use of facilities of a public
office to support or oppose a ballot measure or an election campaign for public
office). Citizen comment sign-ups sheets 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 the follow shall have five (5)minutes:
- that for_a person whose property is the subject of a condemnation
ordinance then pending before the City Council
- Tef a person speaking on behalf of a group of more than five (5) in
attendance
- er-a person speaking_with written proof that more than five (5)other
citizens have designated the speaker 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 the 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.)
(e) Consent Agenda
Consent Agenda items have either been fully-previously 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.
(f) Public Hearings
See Section 12 of these Rules for discussion of public hearing procedures.
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(g) Council Business
Council Business items are usually those items other than resolutions and ordinances
requiring Council action that have not been previously considered by a Council
Committee.
(h) Ordinances
i. 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.
Citizen Comment in accordance with Section 2.2(d)above will be accepted at
First Reading of all Ordinances unless there is a public hearing on the topic
during the same meeting.
ii. Second Reading and Enactment.
Council Members will approve the ordinance for enactment as an enforceable
City law.
iii. Mayor's Action.
Upon successful passage of an ordinance, the Mayor will:
A. Approve the ordinance as passed by Council and sign the ordinance;or,
B. Veto the enacted ordinance in writing by submitting requires the
Mayor submit the written objections to the City Clerk and the City
Council within ten (10) days; or,
C. Do Nnot sign the ordinance,which will then become valid within after
ten(10) days have lapsed.
iv. Council Response to a Mayoral VetoEnactment of the ordinance.
A. Veto:Upon receiving notice of a veto with written objections,-the City
Council may amend the agenda of at the next City Council meeting to
have for the written objections to be read into the record under during
Council Business. The City Council may then take action at the City
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Council meeting or at the following City Council meeting. City Council
has may respond to a veto bye:
I. Reconsidering and modifying the enacted ordinance to
incorporate solutions to the Mayor's written objections; or
II. Override the Mayor's veto by a vote of with five (5) Council
Members (a majority plus one),vote.
B. If the Mayor does not sign an ordinance within ten(10)days of passage,:
the Deputy Mayor must sign the ordinance.
v. 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.
(i) City Council Reports
The Council Members may report on significant activities since the last meeting.
(j) Executive SessionMayor Report
The Mayor and staff update the Ceuricil Members on current issues or items of Council
interest.
Executive Session may be held in accordance with Rule 2.1(e) above.
(k) Adjournment
With no further business to come before the Council, the Mayor adjourns the
meeting.
Section 3. Rule 2.3 shall be amended as follows:
The City Clerk will keep an account of all proceedings of the Council in accordance with the
Gtatutory requirements, local and state law. and proceedings will be entered into a minute book
constitutingThese minutes will constitute the official record of the Council. With the exception of
scrivener's errors, official City Council meeting minutes will not be revised without a majority
affirmative vote of the Council at a regularly scheduled Council meeting.
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Section 4. Rule 2.4 shall be amended as follows:
A—City Council Member and the Mayor will be seated 's seat at the dais in the following order
(counting from left to right when facing the dais from the audience):will be determined as follows:
(a) The Mayor and Deputy Mayor shall sit in Gchairs#4 and#5,respectively(the center
seats at the daisy and
(b) The remaining Council Members will be seated consecutively from left to right when
facing the dais from the audience with position #1 being in chair#1, position #2 being in
chair#2, and so on. north to south by position ttl through#7, as consecutively as possible.
Section 5. Rule 3.2 shall be amended as follows:
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. Should the designated Committee Chair
decline the assignment, the assignment will fall to the next Chair in order. The assigned
Committee Chair will be in accordance with the alphabetical order of the committeothe following
orders:
- Finance/Economic Development/Regional Affairs Committee
- Land Use/Transportation Committee
- Parks/Recreation/Human Services &Public Safety Committee
Section 6. Rule 3.3 shall be amended as follows:
An item may be placed on a Council meeting agenda by: any of the following methods:
(a) A majority vote of the Council;
(b) Council Consensus;
(c) By any two (2) Council Members;
(d) By the action of a Council Committee; or
(e) By the Mayor
Section 7. Rule 3.5 shall be amended as follows:
Publication of the final agenda will occur no later than 5:00 p.m. on the Thursday prior to the
Council meeting at 5:00 p.m., and of the complete Council packet will occur no
later than 5:00 p.m on the Friday prior to the Council meeting,-at 5:00 p.m.
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Section 8. Rule 3.6 shall be amended as follows:
A majority of Council may vote to amend Aa Regular Meeting Agenda may be amended to add
an item after it has been published. Such amendments to the agenda must occur, if the Council
- . . - -- -- - ' - - . - .•. ' . - . -- .. • at the start
of the public meeting.
Section 9. Rule 3.7 shall be amended as follows:
Legally required and or publicly advertised Public Hearings will have take a higher
prierityprecedence over other time scheduled agenda items which have been scheduled for
convenience rather than for statutory or other legal reasons.
Section 10. Rule 3.8 shall be amended as follows:
All agenda packets and agenda items will be in the format provided by the City Clerk's Office.
Section 11. Rule 4.1 shall be amended as follows:
All Council discussion shall be governed by Robert's Rules of Order,Newly Revised. Where
there is a conflict between Robert's Rules of Order and these rules, these rules shall control.
Section 12. Rule 5.1 shall be amended as follows:
Persons addressing the Council,who are not specificallyhave not been invited to present as part of
the formal 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 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 individuals such
as City staff members,Council Members or the Mayor.Any person making personal,impertinent,or
slanderous remarks,or who becomes boisterous,threatening,or personally abusive while addressing
the Council, may be requested corrected by the chair or removed fromto leave the meeting.
Section 13. Rule 5.3 shall be amended as follows:
The Mayor has the authority to enforce these Rules, preserve order at all meetings of the Council,
and to cause the removal of any person from any meeting for disorderly conduct and to enforce these
Resolution No. 19-751 Page 7 of 24
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.
Section 14. Rule 5.4 shall be amended as follows:
Citizens with complaints,concerns or questions,will should 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 that 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
e€-Ethics Board, and of the procedures for requesting Ethics Board opinions and/or investigations
from the Ethics Board.
Section 15. Rule 6.1 shall be amended as follows:
If a motion that requires a second 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.
Section 16. Rule 6.3 shall be amended as follows:
Motions should be made clearly and concisely,outlining the proposed action to be taken.Arguments
in support of the motion should not be included in the motion.When making motions,be clear and
concise and not include arguments fer the reion within the motion.
Section 17. Rule 6.4 shall be amended as follows:
After a motion and second,the Mayor will indicate state the names of the Council Members making
the motion and second.
Section 18. Rule 6.5 shall be amended as follows:
After a motion has been made and seconded, the Council may discuss their opinions on the issue
prior to the votinge. Council may question staff to clarify the likely impacts of a proposed course of
action.No further citizen comments may be heard en while there is a motion and a second on the
floor, unless allowed by the Mayor.
Resolution No. 19-751 Page 8 of 24
•
their opinions on the issue prior to the vote.No further cif - - :-- -•-- •-• 2- --• - --- -- '
a motion and a second on the floor, unless allowed by the Mayor.
Section 19. Rule 6.6 shall be amended as follows:
When the Council . - _ - - ' - -• . -. - . .• - • - • - - •- -reaches
consensus without a formal vote on a topic that does not require a formal vote, the Mayor will
summarize the agreement at the conclusion of the discussion.
Section 20. Rule 6.8 shall be amended as follows:
A motion to table is used to set aside a pending motion to handle business that is more pressing. A
motion to table may not interrupt the speaker that has the floor. It requires a second and a majority
vote. It is not undebatable,but it is proper(and often required for the member to briefly explain the
reason for the motion). and shall preclude all amendments or debates of the issue under
consideration. If the motion to table prevails,the motion and all pending amendments to the motion
are set aside to be considered at a future time when it is-the-matter-may-be "taken from the table"
continue; and if an item is tabled, it met be reconsidered at the same meeting. A tabled motion
may be taken from the table at any time during a regular meeting before it expires at the end of the
next regular meeting.If an item is not taken from the table before the adjournment of the next regular
session, the motion fails.
Section 21. Rule 6.9 shall be amended as follows:
A motion to postpone to a certain time is the preferred method of postponing consideration of an
issue to a future time. It is debatable as to the reason for the postponement but not to the subject
mattermerits of the main motion.It;is amendable;and may be reconsidered at the same meeting.The
at a future Regular or Special City Council meeting.
Section 22. Rule 6.10 shall be amended as follows:
A motion to postpone indefinitely ends consideration of the main motion without taking a direct vote
on the merits of the main motion. It is debatable as to the reason for the postponement as well as to
the subject merits of the main matter of the motion.It;is not amendable,and may be reconsidered at
the same meeting only if it received an affirmative vote.
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Section 23. Rule 6.11 shall be amended as follows:
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,; Ddebate is reopened
continues normally if the motion fails.
Section 24. Rule 6.15 shall be amended as follows:
At the conclusion of any vote, the Mayor or City Clerk will announce the results of the vote.
Section 25. Rule 6.19 shall be amended as follows:
The Mayor's decision on a point of order may be appealed.If seconded,the appeal may will be voted
on by the Council. An appeal may not be amended,is not debatable when it relates to breaches ofm
decorum,transgressions violations 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 26. Rule 7.1 shall be amended as follows:
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 the City Attorney.
Section 27. Rule 7.2 shall be amended as follows:
Ordinances will be introduced and enacted by a Council Bill Number. After enactment, the City
Clerk shall assign a permanent ordinance number.
Section 28. Rule 7.3 shall be amended as follows:
The City Clerk or designee shall read the title of the ordinance prior to voting unless the ordinance is
on the Consent Agenda.
Section 29. Rule 7.5 shall be amended as follows:
If the Mayor objects to the vetoes an 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 plus one
Resolution No. 19-751 _ Page 10 of 24
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 plus one of the Council plus one does not
approve the disputed ordinance, it fails.
Section 30. Rule 7.6 shall be amended as follows:
Ordinances, or ordinance summaries, shall be published in the official newspaper, as a legal
publication, immediately following enactment.
Section 31. Rule 9.9 shall be amended as follows:
Individual requests for information can be made directly to the Department Directors 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.
Section 32. Rule 11.1(a) shall be amended as follows:
Excused absences are defined as follows:
(a) Death of immediate family member
"Immediate family members" arc defied as: spouse, child, parents, siblings,
"Immediate Family"is defined as the Council Member's parent,spouse or domestic
partner,child,sister,brother,mother-in-law,father-in-law,sister-in-law,brother-in-
law, grandparents, grandchild, aunt, uncle, or the step-relations equivalent to those
listed.
Section 33. Rule 11.4(d) shall be amended as follows:
(d) Limit. Only twothree Council Members may attend any City Councilene meeting by
remote communication. Council Members 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 twothree remote connections is
still available for that specific meeting.
Only two Council Members may attend any Council Committee meeting by remote
communication. Council Members intending to participate in a meeting from a
remote location should let the Committee Administrative Staff know as soon'as
Resolution No. 19-751 Page 11 of 24
possible of his/her intention.The Staff person will confirm that one of the two remote
connections is still available for that specific meeting.
Section 34. Rule 11.4(f) shall be amended as follows:
(f) 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 Council Member 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 during the meeting;the presiding officer shall confirm the loss
of the connection and close the remote attendance.
Section 35. Rule 12.3 shall be amended as follows:
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 tThe Appearance of
Fairness Doctrine does not require establishment of a conflict of interest, but whether is meant to
avoidthere 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.
Resolution No. 19-751 Page 12 of 24
Section 36. Rule 13.1 shall be amended as follows:
All public meetings of the City Council, Council Committees, and Council aAdvisory Boards
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 37. Section 14. shall be amended as follows:
SECTION 14. COUNCIL REPRESENTATION AND SOCIAL MEDIA USE
14.1 All public communications should model the same professional behavior expected during
Council meetings or community meetings, and reflect favorably on the speaking Council
Member, the City Council as a whole, and the City.
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.
Personal opinions and comments which differ from the Council majority may be expressed if
the Council Member . - . -- - . - ---- . . : - - • •- - • • '
position.clearly states that the views expressed do not represent those of the City Council or
the City of Federal Way.
14.2 Council Members need to have other Council Members'concurrence before representing:
(1) another Council Member's view or position; or (2) the majority of Council's view or
position with the media, another governmental agency or community organization.
14.3 SOCIAL MEDIA
Social media posts such as blogs,Facebook and Twitter may be used by Council Members to
communicate with the public,provided the following guidelines are used:
(a) To comply with the Public Records Act(PRA),Council Members shall follow those
archiving procedures outlined in Rule 17.3 Social Media Records.
(b) Social media shall not be used to conduct City Council business other than to
informally communicate. Public notices, items of legal or fiscal significance that
have not been released to the public,and discussion of quasi-judicial matters may not
be included in Council Member media posts.
Resolution No. 19-751 Page 13 of 24
(c) Responses to media posts shall be limited by the provision of the Open Public
Meetings Act so as not to constitute an open public meeting if a quorum of the City
Council was to participate.
(d) In order to demonstrate openness and willingness to listen to the entire community,
Council Member posts on social media sites should be made through a public-facing
page or by marking individual posts available to the public as a whole.
(e) Disclaimers,per Council Rule 14.4 are used.
(f) If a council Member makes a factual error in a public communication, it should be
corrected as soon as the error is discovered. Blog posts may be corrected by
amending a previous post with a note that a correction was made.
Council Members are encouraged to maintain social media sites with settings that can
restrict a user's ability to comment in order to avoid inadvertent discussion that may
violate the Open Public Meetings Act.
14.4 SOCIAL MEDIA DISCLAIMERS
Social media postings shall include, or reference a link to, disclaimers that state:
(a) The views expressed represent the views of the author and may not reflect the views
of the Federal Way City Council or official City policy.
(b) Responses to the communication by other Council Members may be limited by the
provision of the Open Public Meetings Act under which a policy discussion must be
held in an open public meeting if a quorum of the City Council participates.
(c) Comments posted in response to a Council Member-initiated communication may be
subject to public disclosure under the Washington State Public Records Act.
Section 37. Rule 15.3 shallb amended e m as follows:
o
If a 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.
Resolution No. 19-751 Page 14 of 24
Section 38. Rule 16.4 shall be amended as follows:
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 pPayment for table service at a restaurant,commonly referred to as a tip,not to exceed
15%of the restaurant price of the meal,is reimbursable as a reasonable and necessary cost for such
service.
Section 39. Rule 16.5 shall be amended as follows:
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 a 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.
Section 40. Rule 16.9 shall be amended as follows:
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: (1) the established rate per mile; or (2) the lowest available airfare
obtainable by the Cityls 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.
Resolution No. 19-751 Page 15 of 24
Section 41. Rule 16.10 shall be amended as follows:
The cost of vehicle rental is considered an exception to this policy and must be approved by the
Deputy Mayor or designee in writing. Council Members will accept The rental of the vehicle must
include the optionoptional for additional insurance coverage offered by the rental agency as part of at
the rental agreement.
Section 42. Rule 16.11(d) shall be amended as follows:
(d) 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.
Section 43. Rule 16.11(f) shall be amended as follows:
(f) Officials who obtain airline tickets on their own will be reimbursed based on the
lower of:fib)Actual out-of-pocket cost paid for the airline tickets or alternate means
of transportation(substantiated by a receipt); or t2b)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.
Section 44. Rule 16.15 shall be amended as follows:
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 the City or home.
Section 45. Rule 16.16 shall be amended as follows:
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.
Resolution No. 19-751 Page 16 of 24
Section 46. Rule 17.2 shall be amended as follows:
Electronic 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.
All electronic communications,whether concurrent or serial,must be considered in light of the Open
Public Meetings Act.No Council Member shall communicate electronically to more than two other
Council Members in the same correspondence.This does not apply to communications limited to the
purpose of calling special and emergency meetings. If the intended purpose of the electronic
communication is to have a discussion that should be held atin an open meeting, the electronic
discussion should not occur. Further, the use of electronic communication to form a collective
decision of the Council violates the Open Public Meetings Act.
Section 47. A new Rule 17.3 shall be added as follows:
17.3 SOCIAL MEDIA RECORDS
Council Members who use social media platforms or forums that are supported by the City's
archiving software are required to enroll the account with the social media archiver. Council
Members who make posts to unsupported platforms must screenshot their posts and public
responses to their posts and e-mail them to the Council Member's City e-mail account as an
interim archiving method.
Comments posted in response to a Council Member initiated communication maybe subject
to public disclosure under the Public Records Act and must be archived.
Section 48. Section 19 shall be amended as follows:
SECTION 19. CITY ADVISORY BODIES
19.1 Federal Way's commissions, committees and task forces ("advisory bodies") 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.
Resolution No. 19-751 Page 17 of 24
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 -. - . .. ' - :. -- . . - • --- - , -- Council will Committee of the
- ' -- -- . .. ' . •:- , interview new the applicants at a Special
Council meeting.and recommend Citizen Advisory Committee appointments to the City
Council. Any Council Member who shall attended 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 aiyrecemmcndation to the full Council. The
full City Council shall vote on the appointments to the Citizen Advisory BodiesCommittee at
a regularly scheduled Council meeting,unless the appointment is made under Rule 19.12.
19.10 Vacancies on Commissions will be filled as follows:
(a) 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
Resolution No. 19-751 Page 18 of 24
for the same position.All applicants,including the incumbent,will be interviewed pursuant
to the process outlined in Council Rule 19.9.
(b) Filling Vacancies Mid-Term
When a citizen advisory position becomes vacant mid-term,the City Council 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 theCityCode orrequired bythe
of Federal Wayif required bythe Federal WayCity if e
q
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 ninety MO) 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 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.
Resolution No. 19-751 Page 19 of 24
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 bodycommittec,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
dependent 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.
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
Resolution No. 19-751 Page 20 of 24
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
advisory body.Members of advisory bodies speaking to another body to voice their personal
beliefs on a topic should notcite their position as a member of a City of Federal Way
advisory body.
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 bodycommittcc shall develop a work program for the City Council's
consideration and approval. The City Council may amend the advisory body'scommittce's
work program.
Section 49. Rule 20.1 shall be amended as follows:
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,
theCouncildirectedaction occur at the Council Committee.
City has that such
Council Committee structure shall be as determined by the City Council in January of each year.The
committees are as follows:
- Finance/Economic Development/Regional Affairs Committee
- Land Use/Transportation Committee
- Lodging Tax Advisory Committee
- Parks/Recreation/Human Services & Public Safety Committee
Resolution No. 19-751 Page 21 of 24
Section 50. Rule 20.4 shall be amended as follows:
Summaries of each meeting will be prepared by staff and distributed to the Mayor and Council
Members. - - . . - . . :. .. .. ..-- •
.
Section 51. Rule 20.6 shall be amended as follows:
Committee appointments (chairs and members) shall be made by the Deputy Mayor. The Deputy
Mayor will take into accountconsider the interests and requests of individual Council Members in
making committee assignments.
Section 52. Rule 21.4(b) shall be amended as follows:
(b) 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 two(2),minutes to answer each question.(14 minutes)
Section 53. A new Rule 22.2 shall be added as follows:
22.2 Use of city-owned equipment to update personal social media sites or e-mail accounts is
subject to Employee Guideline Section 9.7 (Office Equipment Use Guidelines and
Procedures),which allows for incidental use of city equipment for
personal needs provided
the activity does not cause the City to incur additional cost or liability or pose additional risk
to security,privacy or conflict with another City policy. Use of city-owned equipment or e-
mail accounts for � prohibitedby
campaign purposesis RCW 42.17A.555
p
Section 54. 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 55. 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
Resolution No. 19-751 Page 22 of 24
references thereto.
Section 56. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 57. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 5th day of March, 2019.
[Signature Page to Follow]
Resolution No. 19-751 Page 23 of 24
CITY OF FEDERAL WAY:
/ i
JI FER'ELL, MAYOR
ATTEST:
r
S •' ANIE COURTNEY, CAC, CITY CLERK
APPROVED AS TO FORM:
DzlJ-(
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 03/05/2019
PASSED BY THE CITY COUNCIL: 03/05/2019
RESOLUTION NO.: 19-751
Resolution No. 19-751 Page 24 of 24