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Res 89-001 - . \ " RESOLUTION NO. 89-1 A RESOLUTION of the city Council of the City of Federal Way, Washington, concerning Council procedures. THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: section 1. The order of procedure herein contained shall govern all meetings of the council of the City of Federal Way, washington, and committees thereof until the date of incorporation. section 2. MEETINGS. The regular meeting of the City Council shall be held at 7:00 p.m. on Tuesday of each week, at least forty-six weeks each year, in the board room of the Educational Services Center, Federal Way, Washington, except: a. If Tuesday of any week be a legal holiday, the regular meeting of that week shall be held at 7:00 p.m. on the first business day following, in place of Tuesday. b. If Tuesday of any week shall fall on the day preceding Christmas or New Year's Day, the regular meeting of that week shall be held at 7:00 p.m. on the first busi- ness day following Christmas Day or New Year's Day, whichever the case may be. . c. When a regular meeting of the City Council falls on the same day as either a primary or general election, the City council meeting shall continue to be held on the usual day and time unless postponed by a majority vote of the Council. The Council, by a majority vote, may by motion recess from a meeting to a certain time set forth in the motion made therefor. Special meetings or any change in the time or location of a regular meeting shall be called by the City Clerk on the written request of the Mayor or by a majority of the members of the Council by delivering personally or by mail written notice to each member of the Council; and'to each local newspaper of gen- eral circulation and to each local radio or television station which has on file with the City t(.erk a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place' ad/jh/a -1- cop, . . of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the Council. Such written notice may be dispensed wi th as to any member who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. Such waiver may be given by telegram or facsimile machine. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The notices provided in this section may be dispensed with in the event a special meeting is called to deal wi th an emergency involving injury or damage to persons or property or the likeli- hood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. (Ref. RCW 42.30.080) Four Council Members shall be a quorum for the transac- tion of business, but in the absence of a quorum, the members present may adjourn the meeting to a later date. Section 3. PRESIDING OFFICER - DUTIES. The presid- ing officer at all meetings of the Council shall be the Mayor, and, in the Mayor's absence, the Deputy Mayor, who shall conduct the business and deliberations of the Council under these rules. If both the Mayor and the Deputy Mayor are absent and a quorum is present, the Council shall elect one of its members to serve as presiding officer of the Council until the return of the Mayor or Deputy Mayor. The presiding officer shall: a. Preserve order and decorum in the Council Chamber; b. Observe and enforce all rules Council for its government; adopted by the c. Decide all questions on order, in accordance with these rules, subj ect to appeal by any member to the Council; and d. Recognize members of the Council in the order in which they request the floor. No member shall be recognized and given the floor to speak on the same matter more than once until after all other members of the Council have had an opportunity to be recognized and 'be heard. \-, , The presiding officer ,~s a member of the council, shall have only those rights, anti shall be governed in all matters and issues by the same rules and restrictions, as other Council Members. ad/jh/a -2- Any member of the council, including the presiding officer, shall have the right to question any individual, includ- ing members of the staff, on matters germane to the issue properly before the Council for discussion. Under no circum- stances shall such questioning be conducted in a manner and to the extent that such would constitute a cross-examination of or an attempt to ridicule or degrade the individual being inter- rogated. When matters on the Agenda are placed under more than one classification, as defined by "Order of Business", and involve or are closely related to the same problem or subj ect matter, then and in that event the presiding officer may, within the presiding officer's discretion, without the necessity of any vote thereon, consider and vote on all of such matters, not- withstanding their different places on the Agenda. section 4. MEMBERS. Members claiming the floor shall address all remarks to the presiding officer, except when a member moves to adopt a resolution and when a member seconds said motion. No member shall leave his/her place while a question is being put or a count is being taken. section 5. DEBATES. No member of the Council, which shall include the presiding officer, shall speak more than twice on the same motion except by consent of the majority of the Council Members present at the time the motion is before the Council. After the motion is put and before the next item is read, a member shall be able to speak briefly to the previous motion. No member of the council, including the presiding officer, shall interrupt or argue with any other member while such member has the floor. All speakers, including members of the council, which includes the presiding officer, in the discussion, comments or debate of any matter or issue shall address their remarks to the presiding officer, be courteous in their language and deportment, and shall not engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any other member of the Council, or any member of the staff or the public, but shall at all times confine their remarks to those facts which are germane and relèvant to the question or matter under discussion. ~ If a member of the Council shall transgress these rules on debates, the presiding officer shall call such member to order, in which case such member shall be silent except to ad/jh/a -3- explain or continue in order. If the presiding officer shall transgress these rules on debate or fail to call such member to order, any other member of the Council may, under a point of order, call the presiding officer or such other member to order, in which case the presiding officer or such member, as the case may be, shall be silent except to explain or continue in order. Any member of the Council, including the presiding officer, shall have the right to challenge any action or ruling of the presiding officer, or member, as the case may be, in which case the decision of the majority of the members of the Council present, including the presiding officer, shall govern. The City Manager shall have the right to enter into a discussion of any matter coming before the City Council. No person shall address the council wihout the consent of the presiding officer. section 6. ORDER business shall be as follows: OF BUSINESS. The order of 1. Call to order. 2. Roll call. 3. Flag salute. Consent Aqenda: 4. Approval of the Consent Agenda, consisting generally of one or more of the following items: a. Approval meeting; of the minutes of the previous b. Consideration of petitions; c. First reading of ordinances accepting gifts and donations; d. Adoption of resolutions fixing dates for hearings, approving final plats, submitting grant applications, and other such actions; e. Fixing date of hearings on appeals; and (.¡ f. Items filed in\(he office of the City Clerk. Reqular Aqenda: 6. Announcements, presentations and appointments. ad/jh/a -4- 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. communications. Final reading of ordinances and vote thereon (subject to other motions provided for in these rules). Introduction and first reading of ordinances. Introduction, reading and voting upon resolutions (subject to other motions provided for in these rules) . citizens' comments pursuant to proper requests to be heard. Public hearings and appeals. Unfinished business. Reports by the city Manager. Comments and committee reports by members of the City Council. Adjournment. section 7. MOTIONS AND THEIR PRECEDENCE. When a question is under consideration, no motion shall be entertained except as follows, such motions have precedence in order as stated: a. b. ad/jh/a To Adjourn. For a Call of the Council (shall be decided without debate by a majority vote of those present). c. To Remove an Item from the Agenda. d. For the Previous Question (The "previous question" shall be as follows: "Shall the main question be put?", and, until such motion has been put and decided, all amendments or debate shall be precluded. The "main question" shall be on the passage of an ordinance, resolution, or motion, but when amendments are pending, the questions shall be taken fir~t upon such amendments, in their order). ' e. To Lay on the Table debate). (shall be decided wi thout -5- f. g. h. To Take from the Table (shall be decided without debate). A motion to "take from the table" having been put and lost, shall not, during the same Council meeting, be renewed either by the mover or by any other member of the Council. No matter shall be taken from the table after a period of two years from the date that it was laid on the table. To Postpone to a Certain Time (shall be decided without debate only in those instances where the effect of said motion is to postpone or continue a matter for less than thirty days from the time it first appeared on the Council Agenda). To Postpone Indefinitely. i. To Amend. j. k. To Substitute. To Reconsider. No motion to reconsider a vote shall be in order except by a member who voted with the prevailing side. A motion to reconsider, having been put and lost, shall not be renewed either by the mover or by any other member of the Council. Any member of the Council, including the Mayor, shall have the right to change his/her vote, in order to be on the prevailing side, at any time before final action is taken on the next ensuing item of business taken up by the Council. The motions hereinabove enumerated shall be decided by a majority vote of Council Members present at the meetings. The motions hereinabove enumerated are debatable except where designated otherwise. section 8. FILING NEW MATTER. No new subject, or any matter, communication, article, or material shall be placed before the Council for its comments thereon or consideration, unless it shall have been filed with the City Clerk and copies thereof sent out to the members of the Council and the ci ty Manager with the Agenda on the Friday preceding the day on which the meeting of the Council shall be held. \.> section 9. SUSPENSION~ OF RULES. No rule shall be suspended except by a majority vote of Council Members present at the meeting, and a motion to suspend a rule is not debatable. Vote on the motion may be by voice vote of the council, or by roll call if requested by a member of the Council. ad/jh/a -6- section 10. ORDINANCES - RESOLUTIONS. The name of a Council Member shall not appear as a sponsor on any ordinance or resolution considered by the Council except when such ordinance or resolution has been specifically requested by a Council Member, in which event such Council Member's name shall appear thereon. No ordinance shall be read on final passage until approved as to form and legality by the city Attorney, or which shall contain any interlineation or marginal note, or which shall have attached to the main body thereof any printed or written slip, or until copies have been furnished the several members of the Council and the City Clerk. Reading of ordinances and resolutions at all Council meetings shall be deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the purport of the resolution, and the reading in full of the same shall not be required unless the full reading of any particular ordinance or resolution be requested by any member of the council, in which event said request shall be complied with if a majority of the Council Members present concur in the request. section 11. COMMITTEES - APPOINTMENTS. No Commit- tee, nor any individual not a duly appointed employee, officer, agent or representing of the city, appointed or designated by the mayor or by any other member or members of the council, shall have any official or legal status, rights or privileges what- soever unless and until such committee and its members or such individual shall have first been approved by resolution or ordinance of the City council, except such committee that may be mandatorily created by state law, nor shall the Mayor or any member of the Council appoint, designate or authorize any person or volunteer whomsoever to assist him or her in his or her duties unless such appointment, designation, or authorization shall be first approved by a majority of the Council. until approved by the council as above provided, no such committee or its members, nor any such individual, shall be entitled or permitted to the use of any of the staff, equipment, supplies, or facilities of the City in connection with its or their activities, and any reports or recommendations which such committee, its members, or such individual may make shall be advisory only to the member or members of the council, including the Mayor, purporting to create<such committee or appoint such individual. I,' No commi ttee shall act \.n the absence of a which shall consist of a majority of its members. beginning of each year, the City Clerk shall notify all tees of the open meetings law. quorum, At the commit- ad/jh/a -7- Section 12. MISCELLANEOUS. a. The city Clerk, under the direction of the City Manager, shall prepare the Agenda for each session of the Council in regular order in accordance with these rules, which order shall not be departed from for any purpose, except as provided for in these rules. Such Agenda shall include all resolutions, ordinances, and matters requested by any Council Member, includ- ing the Mayor, or by the City Manager. No item shall be deleted from the Agenda, except as provided for in section 6 of these rules. b. No member of the public shall engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations with respect to any member of the council, or any member of the staff, but shall at all times confine their remarks to those facts which are germane and relevant to the questions or matter under discussion. c. No personal complaints, particularly those of a derogatory nature, against any official or employee of the City shall be discussed at any City Council meetings, and any citizen who might desire to present such information or make a complaint shall be instructed that the same shall first be processed and handled through proper administrative procedures, and only if such person feels proper action is not taken shall such citizen or person be privileged to communicate in writing with the mem- bers of the Council. The acceptance by the Council of a written complaint shall not, however, give rise to public discussion thereon. d. On all questions of practice or procedure not provided for by these rules, the practice and procedure set forth in Robert's Rules of Order Revised shall prevail. e. Notwithstanding anything herein contained, includ- ing Robert's Rules of Order, to the contrary, any member of the Council shall have the right and privilege to challenge any ruling of any kind made by the presiding officer at any Council meeting, in which case the approval or disapproval of the ruling of the chair shall immediately, and without debate or comment, be put to a vote of the Council, and the decision of the majority of the members of the Council then present, including the Mayor, shall prevail. f. Amendments to these rules shall be made by resolution of the Council, which m~st be laid over at least one week, and may then be made by a mafority vote of the membership of the City Council, including the Mayor. AFter such proposed amendments have been laid over for one week, they may be amended, added to, or deleted, and adopted at the same or subsequent session of the Council. ad/jh/a -8- . . " section 13. CITY CLERK - DUTIES. The City Clerk or his/her duly authorized representative shall attend all meetings of the Federal Way City council and keep a permanent journal of its proceedings. As a part of said permanent proceedings, the Clerk shall record all votes taken. In those instances where a roll call vote is taken pursuant to a requirement or request, the Clerk shall call the name of each and every member of the Council present and shall duly record said member's vote as either an aye, nay or abstention, whichever may be appropriate. Roll call votes of the Council shall be called numerically by position, commencing with the first roll call vote of the Council, and in subsequent roll call votes member positions shall be rotated, excluding the presiding officer, until the entire Council has been called, at which time the procedure will begin again. In addition to the general duties imposed thereby, the Clerk shall cause to be recorded electronically all of the regular and special meetings of the Federal Way City Council and each and every part thereof, and shall maintain the same for a period of three years. At the conclusion of each special or regular meeting of the City Council, the City Clerk shall cause to be prepared in a brief and concise manner minutes of all of the Council meetings, and shall submit the same to the City Council for its approval, which minutes shall contain an accurate resume of the Council's official action with reference to all matters properly before it. No individual member of the City council, nor any member of the administrative staff of the City, shall be autho- rized or empowered to require the Clerk to insert in said official minutes any verbatim transcript of all or any part of the proceedings. Verbatim transcripts of any part or portion of the proceedings shall be made a part of the minutes only when authorized by a majority vote of the entire council made at the meeting wherein such request for a verbatim transcript is made. section 14. SMOKING PROHIBITED. Smoking by any person whomsoever in the City Council Chambers during any session of the Council duly convened in a regular or special meeting shall be and the same is hereby prohibited. Section 15. EXPENDITuRE FUNDS. Prior to the incurring of aQY any member of the Council in excess Dollars ($200.00) in anyone month purposes: OF BUDGETED LEGISLATIVE expenditure by the Mayor or of the sum of Two Hundred for any of the following ad/jh/a -9- .' - a. Travel within the united states and Canada; b. Expenses of printing or other means of duplicating printed or written material; c. Film, film processing, or photographers' services; d. Per diem expenses; such member of the Council shall present the proposed expenditure and activity to the Deputy Mayor for his/her review prior to the incurring of such expenditure. Any travel by the Mayor or any member of the Council outside the United states and Canada shall be made only with the prior approval of the majority of the Council. No expenditure not authorized in the manner hereinabove set forth shall ever be paid from monies appropriated and budgeted from any account in the legislative budget of the City of Federal Way, and the Director of Finance and the city Manager are hereby precluded and prohibited from authorizing and paying any such expenses from Council funds without evidence of approv- al. Passed at a regular meeting of the City Council of the City of Federal Way, Washington, this 3rd day of October 1989. ~~ , Chairperson \,' ~ ad/jh/a -10-