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HomeMy WebLinkAbout1994RESOLUTION NO. L994 A RESOLUTION of the City Council of the City of Kent, Washington, repealing resolution No. 1959 and enacting a new resolution relating to the bylaws, rules and procedures for the city council, council meetings, and council committee meetings. RECITALS A. By Resolution No. L562, the Kent city council established its original rules and procedures for the city council, council meetings, and meetings of council committees. B. From time to time, the council rules and procedures are reviewed and amended. The council rules and procedures were last amended on February 20,2018 by Resolution No. 1959. C. This resolution updates and revises the Kent city council rules and procedures by repealing the existing rules and procedures and enacting new revised bylaws, rules and procedures. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 RESOLUTION sEcrroN 7, - Resolution No. 7959 Repealed. Resolution No. 1959, relating to the rules and procedures for the city council, council meetings, and council committee meetings is hereby repealed in its entirety. sEcrroM 2. - New Rules and Procedures Adopted. New Kent city council Bylaws, Rules and Procedures, attached as Exhibit A and incorporated by this reference, are hereby adopted, and shall govern the city council and all meetings of the city council and its committees. SECTION 3. - Savings. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4, - Ratification.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. sEcrroM 5. - corrections by city clerk or code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/su bsection n u m berin g. SECTION 6. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. 2 DANA MLPH, MAYOR ATTEST: KIM ER A. KOMOTO, CITY CLERK APPROVED AS TO FORM: -'t 4ltr lr-l Date Adoptedw tl ,'lr.{ d t I F ra I , CITY ATTORNEY v 1t 1 3 EXH I BIT A 4 KENT CITY COUNCIL BYLAWS, RULES AND PROCEDURES Article I - Purpose Section 1.1. Puroose - Suspension of Rules. The following rules and procedures are hereby adopted and shall constitute the council's bylaws and shall govern the city council and all meetings of the city council and its committees unless suspended by the city council. Failure to fully conform to these rules and procedures will not render any action by the city council or any of its committees invalid nor shall these rules and procedures be deemed to provide any citizen rights that he or she does not already have by operation of law. Article II - Council President - Mayor pro Tempore Section 2.1 Election - Term. The city council shall elect from its members a president of the council during the month of January in the even numbered years or as soon thereafter as possible. The council president shall serve a two-year term. Section 2.2 Mayor Pro Temoore. The council president shall serve as mayor pro tempore and shall preside at all meetings of the council when the mayor is not present. Although presiding as mayor pro tempore, the council president shall retain all powers and rights inherent to a councilmember and to the council president, including, without limitation, voting powers. The mayor pro tempore shall act as mayor and assume the authority and perform the mayor's duties whenever there is a vacancy in the Office of the Mayor or the mayor is unable for any reason to discharge his or her duties. The assumed duties shall include, but not be limited to, acting as signatory to documents requiring execution by the mayor, issuing 5 proclamations and declarations, and extending official recognition of groups and events. Section 2.3 President Pro Temoore. The council president may appoint a president pro tempore to discharge the duties of the council president when the council president is unable to discharge his or her duties. If the president pro tempore has not been appointed or is otherwise absent or unavailable, the longest serving councilmember, either by consecutive or non-consecutive terms, shall be deemed the acting president pro tempore. If two or more councilmembers qualify to be president pro tempore, then the City Clerk or her or his designee shall select, by lottery and in the presence of two witnesses, one name from the names of the group of eligible councilmembers, and the councilmember whose name is selected shall fill the vacant president pro tempore position. Section 2.4 Duties and Responsibilities. The council president shall perform the following duties and responsibilities: Administer the council approva I of expenditu res; budget, including oversight and Set the council's agenda, in coordination with the mayor and city clerk's office; Refer proposed ordinances and resolutions to council committee; Call for a workshop or a meeting of the council committee of the whole, as needed, or request a special or emergency meeting; In cooperation with the mayor, ensure adequate council facilities, equipment and support, with council consent; Direct correspondence on behalf of the council as appropriate, with consent of council; 1 2 3 4 5 6 5 7 9 Act as council liaison to the mayor's office on policy issue consideration, including elements of timing; Appoint the membership of ad hoc committees or boards and the ad hoc committee or board chairpersons in accordance with this resolution and applicable ordinances; Substitute for an absent councilmember or designate another councilmember to substitute on any of the council's committees or boards; Coordinate and schedule annual retreats or other meetings for review and update of council visions and goals for the city or to address other council matters' 10. 11.Gather information on regional issues and attend regional meetings, as appropriate and applicable, to represent the council's views, or in the alternative, designate other councilmembers to represent the city and the council on specific regional issues or meetings; L2.Serve as a council focal point for council, mayor, and staff; and 13. Discern councilmembers'areas of interest and/or expeftise. Article III - COUNCIL MEETTNGS Section 3.1 Regular Meetings. The council's regular meetings will occur at the time, date and place established in Chapter 2.01 of the Kent City Code. Section 3.2 Soecial and Emerqencv Meetinos. Special meetings shall be held as provided by law, rf , by reason of fire, flood, earthquake or other emergency there is a need for expedited action of the council to meet the needs imposed by the emergency, the mayor or council president may provide for a meeting site other than the regular meeting site and the meeting notice requirements established by law or in this resolution may be suspended. 7 section 3.3 Presiding officer at Meetings. The mayor shall be the presiding officer for all meetings of the council. If the mayor is not present, the council president shall be the presiding officer. In the absence of the mayor and council president, the president pro tempore shall be the presiding officer. section 3.4 Forfeiture of office. Pursuant to Rcw 35A.12.060, a councilmember's position shall become vacant if he or she fails to attend three consecutive regular meetings of the council without being excused by the council. Section 3.5 Quorum. At all meetings of the council, a majority of the full council membership, or not less than four councilmembers, shall constitute a quorum for the transaction of business. In the event a councilmember will not be physically present at an emergency meeting of the council, the council president may permit the attendance of the councilmember by way of telephone or video, and the councilmember shall be considered in attendance for the purpose of determining a quorum; provided, the councilmember shall not be permitted to attend a public hearing by telephone or video. The councilmember attending by telephone or video must be able to hear the deliberations and discussions of council as well as any public comments, must have available at the time of the telephone or video attendance the materials which are part of and constitute the meeting agenda packet, and must be permitted to provide input and vote on matters as if he or she was in attendance. section 3.6 Majoritv vote. Action by the city council requires the affirmative vote of a majority of members attending a meeting, except where otherwise required by law. Section 3.7 Executive Sessions. The city council may hold executive sessions during a regular or special meeting to consider matters as B permitted pursuant to applicable law. No official action shall be taken during any executive session. No member of the city council, employee of the city or any person present during an executive session shall disclose to any other person the content or substance of discussion which took place during the executive session, unless a majority of the council authorizes that disclosure. Executive sessions, to the extent permitted by law, shall be limited to members of the city council, the mayor and staff, and other persons that the city council invites. Section 3.8 Aqendas. Only items that have been previously considered by council committee shall be put on the agenda for a council meeting, unless approved by the council president or president pro tempore. Unless altered by the council president or by a majority of the councilmembers present, the order of business of all meetings of the council shall be as follows: 1. Call to Order/Flag Salute 2. Roll Call 3. Agenda Approval 4. Public Communications 5. Reports from Council and Staff 6. Public Hearings 7. Public Comments 8. Consent Calendar 9. Other Business 10.Bids ll.Executive Session and Action After Executive Session l2.Adjournment Section 3.9 Public Comment. No person shall address the council without the permission of the presiding officer. Except as otherwise permitted by the presiding officer, the "public hearing" and "public comment" agenda items are reserved for members of the public to make a statement. When addressing the council, each person shall proceed to the speaker's podium unless otherwise directed by the presiding officer, and state his 9 or her name and city of residence for the record; provided, the presiding officer may waive the requirement that the person's city of residence be provided in individual cases. If comment is offered under the public comment period, the speaker will also state the subject of his or her comment. Remarks will be limited to the-time allocated by the presiding officer for each speaker. All remarks shall be pertinent to the stated subject matter and shall be addressed to the presiding officer and the council as a whole and not to any member individually. The public comment period is intended to allow persons to speak on issues of concern to that person that relate to the business of the city, but it is not an open public forum, and is subject to restrictions imposed in this resolution, by law, or by the city council. No questions shall be asked of a councilmember or member of the city staff without the permission of the presiding officer. Section 3.1O Public Demeanor. No one shall use any impertinent, degrading or slanderous language directed to the presiding officer, councilmembers, mayor, staff or other member of the public, and no one shall otherwise engage in disruptive behavior. Disruptive behavior includes, for example, addressing matters restricted from public comment, repeated shouting and angry outbursts, cursing, direct or implied threats of violence, etc. After receiving verbal notice from the presiding officer, the presiding officer may direct that a speaker return to his or her seat or may remove any person for disruptive behavior. Pursuant to RCW 42.30.050, in the event a meeting is interrupted by a group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of the individuals who are interrupting the meeting, the council ffidy, by majority vote, order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the council. If the meeting room is cleared, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those pafticipating in the disturbance, 10 shall be allowed to attend any session held pursuant to this section. section 3.11 Added Aoenda rtems. At a regular meeting, a member of the council or the mayor may ask that an item be considered by the city council, even if it is not identified on the formal agenda, by raising the issue when agenda approval is being considered. That item shall then be considered with the approval of the council. No items may be added to the agenda of a special meeting after notice of the special meeting is issued. Section 3.L2 Mavor Participation. The mayor may address the council on any matter or participate in the debate of any question, provided the mayor shall first call upon the council president or any other councilmember designated by the council president to take the chair during the mayor,s participation. Section 3.13 Councilmember Conduct. While the council is in session, whether at a council or council committee meeting, all its members must preserve order, decency and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any member while speaking, or refuse to obey the order of the presiding officer. The members of the city council may reprimand another councilmember for disorderly conduct and, upon written charges entered upon by motion, ffidy expel a member from the council meeting by a vote of a majority plus one of the membership of the council in attendance at that meeting. Section 3.14 Voting. Discussion by council members shall relate to the subject matter at hand and shall be relevant and peftinent. Every councilmember, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excused by the council, shall cast his or her vote upon any matter put to vote by the legislative body. Any councilmember who abstains from voting shall be deemed to have not 11 voted on that item. At the request of the presiding officer or of any member, any question shall be noted upon by a roll call and the individual voting results shall be recorded by the city clerk in the minutes. section 3.15 summoned to Meetings. Every city official or employee who shall fail to report to the council at times and in a manner requested by the council, shall be summoned in accordance with the direction of the council. Section 3.16 Ordinances, Resolutions and Contracts - Presentation. Unless otherwise approved by the council president, no ordinance, resolution, contract document or other matter shall be presented to the council unless ordered by a majority of the council, referred by a council committee, requested by the mayor, or submitted by the city attorney. Whenever practical, ordinances, resolutions, contract documents and other matters shall be approved as to form by the city attorney and shall be examined and approved by the department head or his or her duly authorized representative having jurisdiction over the subject matter of the ordinance, resolution, contract document, et other matter. Matters approved by the council at a regular or special meeting of the council shall be deemed ratified notwithstanding a failure to comply with this section. section 3.17 Parliamentary Rules. The city attorney shall act as parliamentarian and advise the presiding officer on inquiries concerning parliamentary procedure. The presiding officer shall rule on issues of parliamentary procedure, unless overruled by a majority of the councilmembers present. Robeft's Rules of order shall govern the deliberations of the council except when in conflict with any provision of these rules. A council vote or other action taken which is not in compliance with Robert's Rules of Order or other procedures and to which no objection is taken shall be deemed action taken following a suspension of the parliamentary rules even if no formal suspension of the rules occurs t2 first Section 3.18 Susoending the Rules. When the suspension of the rules is requested, and no objection is offered, the presiding officer shall announce that the rules are suspended, and the council may proceed accordingly. When there is an objection to suspending the rules, a vote of majority plus one of the members present shall be required to suspend the rules. Section 3.19 Supoorting or Oooosino a Ballot Measure or Person for Election to Public office. Except as permitted by law, council meetings shall not be used for the purpose of supporting or opposing a ballot measure or supporting or opposing the election of any person to public office. ARTICLE IV - COUNCIL COMMITTEE OF THE WHOLE AND COUNCIL WORKSHOPS section 4.1 committee of the whole - Puroose - Agenda - Time for Meeting. There shall be a standing committee of the city council, referred to as the "committee of the whole", which shall consist of the full membership of the council; provided, the mayor shall be permitted to attend and participate in meetings of the committee of the whole. The committee of the whole shall consider matters prior to consideration at a regular or special council meeting; provided, in accordance with Section 3.8, and with approval of the council president, a matter may be placed directly on the agenda of a regular or special council meeting without first being considered by the committee of the whole. The council president, in consultation with the mayor, shall refer matters to and set the agenda of the committee of the whole; provided, the council or two or more councilmembers shall be permitted to refer a matter to the committee of the whole. Items considered by the committee of the whole and which require action of the full council shall be placed on the consent calendar at a regular or special council 13 meeting unless otherwise directed by a majority of the members of the committee in attendance at the meeting. The regular meetings of the committee of the whole shall be held at 4 pm on the second and fourth Tuesday of each month. Meetings shall be held in Council Chambers at Kent City Hall, or at some other location as designated by the council president. Section 4.2 Council Workshops - Puroose - Aoenda - Time for Meetings. Council workshop meetings constitute regular meetings of a committee of the council, the membership of which shall consist of the full membership of the council; provided, the mayor shall be permitted to attend and participate in workshops. Workshops are held to consider pending local and regional issues, and receive information from staff and regional partners on issues that impact the city. The council president, in consultation with the mayor, shall refer matters to and set the agenda of the workshops; provided, the council or two or more councilmembers shall be permitted to refer a matter to the workshops. The council will hold workshops at 5 pm on each regular council meeting day, except when a regular or special council meeting occurs at or before 5:30 pm. Section 4.3 Quorum. At all meetings of the committee of the whole or workshop, a majority of the full council membership, or not less than four councilmembers, shall constitute a quorum for the transaction of business. Section 4.4 Chair - Presiding Officer, The council president shall serve as the chair and presiding officer of the committee of the whole and workshop. section 4.5 Executive session. Executive sessions may be held at meetings of the committee of the whole or workshop in accordance with RCW 42.30.tLO. T4 Section 4.6 Special Meetings. Special meetings of the committee of the whole and workshop may be called by the council president in accordance with Chapter 42.30 Rcw. In addition, a meeting of the committee of the whole or workshop may be converted to a special meeting of the full council at which final action may be taken subject to the special meeting requirements of chapter 42.30 Rcw, and in such case, the special meeting of the full council shall be subject to the applicable provisions of Article III of these rules and procedures. Section 4.7 Other Rules Aoolicable. Sections 3.10 Public Demeanor, 3.13 Councilmember Conduct, 3.L7 Parliamentary Rules, 3.18 Suspending the Rules, and 3.19 Supporting or Opposing Ballot Measure or Person for Election to Public Office shall apply to meetings of the committee of the whole and workshops. Section 4.8 Committee Establishment, Termination, Reorganization. The city council, upon a vote of the majority of its membership, may establish, reorganize the membership of, reassign the duties of, reassign the membership of , and terminate any standing, ad hoc, or special committee. Section 4.9 References to-Former Committees - Committee of the Whole. Any reference to the operations committee, parks and human services committee, economic and community development committee, public works committee, and public safety committee that may appear in any city code or regulation, or in the policies, procedures and manuals of the city, a department, a board, or a commission, shall be deemed and designated as a reference to the committee of the whole. The committee of the whole assumes any duty or responsibility of these former council committees without fufther action of the council. 15