Res 94-191
RESOLUTION NO. 94-191
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, ADDING A NEW SECTION 22 ENTITLED "FILLING
OF COUNCIL POSITION VACANCIES" TO THE CITY COUNCIL RULES
OF PROCEDURE.
WHEREAS, RCW 35A.2 authorizes a City Council to determine its own rules and
order of business; and
WHEREAS, the City Council Rules of Procedure were adopted on January 21,
1992, and amended on March 17, 1992, May 19, 1992, July 21, 1992, December is,
1992, April 20, 1993, January 18, 1994, June 7, 1994, and September 21, 1994; and
WHEREAS, the City Council wishes to amend its Rules of Procedure to establish
a procedure for filling a vacancy on the City Council; NOW THEREFORE,
THE CITY COUNCIL OFTHE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section 1. Amendment. A new Section 22 entitled "Filling City Council Vacancies'
is added to the City Council Rules of Procedures as follows:
SECTION 22.
FILLING CITY COUNCIL VACANCIES
22.1 PURPOSE
To provide auidance to the City Council when a Federal Way Councilmember
position becomes vacant before the expiration of the official's elected term of
office. Pursuant to state law. a vacancv shall be filled onlv until the next reaular
municipal election. to serve the remainder of the unexpired term.
22.2 REFERENCES
RCW 42.30. 110Ch) - Executive Session Allowed to Consider Qualifications of a
Candidate for Appointment to Elective Office
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RCW 42.30.060 - Prohibition on Secret Ballots
RCW 42.12 - Vacant Position
RCW 35A.13.020 - Vacancies - Fillinq of Vacancies in Council/Manaaer Form of
Government
22.3 APPOINTMENT PROCESS
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A Council position shall be officially declared vacant upon the occurrence
of any of the causes of vacancy set forth in RCW 42.12.010. includina
resianation. recall. forfeiture. written intent to resian. or death of a
Councilmember. The Councilmember who is vacatina his or her position
cannot participate in the appointment process.
The City Council shall direct staff tobeain the Councilmember appointment
process and establish an interview and appointment schedule. so that the
position is filled at the earliest opportunity.
The City Clerk's Office shall prepare and submit a display advertisement to
the Federal Way News. 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 reaistered voter of the City
of Federal Way. and (b) have a one (1) year residency in the City of
Federal Wav. This display advertisement shall be published once each
week for two (2) consecutive weeks. This display advertisement shall
contain other information. includina but not limited to. time to be served in
the vacant position. election information. salary information. Councilmember
powers and duties. the deadline date and time for submittina applications.
interview and appointment schedules. and such other information that the
City Council deems appropriate.
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. Kina 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
croups.
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.
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The City Clerk's Office shall publish the reQuired public notice(s) for the
meetina scheduled for interviewina applicants for consideration to the
yacant position. This meetina may be a reaularly scheduled City Council
meetina. or a special session City Council meetina.
The City Clerk's Office shall notify applicants of the location. date and time
of City Council interviews.
Prior to the date and time of the interview meetinQ. the Mayor shall accept
one interview Question from each Councilmember.
22.4 INTERVIEW MEETING
Each interview of an applicant/candidate shall be no more than 30 minutes in
lenQth as follows:
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22.5 VOTING
The applicant shall present his or her credentials to the City Council. (10
minutes)
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)
An informal Question and answer period in which Councilmembers may ask
and receiye answers to miscellaneous Questions. (10 minutes)
The applicants order of appearance will be determined bv a random lot
drawina 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.
Upon completion of the interviews. Councilmembers may convene into Executive
Session to discuss the Qualifications of the applicants. However. all interviews.
nominations and votes taken by the Council shall be in open public session.
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The Mayor shall ask for nominations from the Councilmembers.
After a nomination and second has been received. the City Clerk shall
proceed with a roll-call vote.
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Ballotina will continue until a nominee receives a maioritv of four (4) votes.
At anYtime durina the ballotina Drocess. the City Council may DostDone
ballotina until a date certain or reaular meetina if a maiority vote has not
been received.
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Nothina in this policy shall Drevent the City Council from reconvenina into
Executive Session to further discuss the applicant/candidate Qualifications.
The Mayor shall declare the nominee receiyina the maiority vote as the new
Councilmember and shall be sworn into office by the City Clerk at the
earliest opportunity or no later than the next reaularly scheduled City
Council meetina.
If the CitY Council does not aiye a maiority vote within 90 days of the
declared vacancy. the Revised Code of Washinaton deleaates appointment
Dowers to King County.
SECTION 22~. MISCELLANEOUS
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When Councilmem bers 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 altemate 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 Councilmem bers the
opportunity to be an official voting delegate.
SECTION 2a4. SUSPENSION AND AMENDMENT OF RULES
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Any provision of these rules not governed by state law or ordinance, may
be temporarily suspended by a two-thirds (213) majority vote of the Council.
These rules may be amended, or new rules adopted, by a majority vote of
the Council.
Section 2.
SeverabilitY.
If any section, sentence, clause or phrase of this
resolution should be held to be invalid or unconstitutional by a court of competent
Res.#94-191, Page 4
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this resolution.
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 4. 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 6th day of December, 1994.
CITY OF FEDERAL WAY
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~MÞiRY E. GATES
APPROVED AS TO FORM:
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IT ORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK: November 29, 1994
PASSED BY THE CITY COUNCIL: December 6, 1994
RESOLUTION NO. 94-191
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