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HomeMy WebLinkAbout4458ORDINANCE NO. 4458 AN ORDINANCE of the City Council of the City of Kent, Washington, to: (1) amend Section 2.50.090 of the Kent City Code ("KCC") to allow remote meetings for City boards and commissions on stated conditions; (2) amend Chapter 2.57 of the Kent City Code to provide that a quorum of the City's Land Use and Planning Board shall appear for its meetings in -person; and (3) repeal obsolete remote attendance provisions in KCC 2.55.060 and KCC 2.64.060 related to the Disability Board and the Firefighters' Relief and Pension. RECITALS A. During the COVID-19 pandemic, and while gubernatorial proclamations were in effect limiting in -person meetings, members of the City's boards and commissions continued their work for the City remotely. As those proclamations expired, in -person meetings resumed. B. One benefit the City realized during the COVID-19 pandemic was an increase in community participation in meetings due to the ease with which one can join a meeting when it occurs remotely. Remote attendance also increased participation amongst board and commission members, who volunteer their service to the City while also juggling work and family commitments. 1 Remote Meetings for Boards and Commissions C. Most of the City's boards and commissions serve in a purely advisory capacity where they may make recommendations to the City Council but they do not act on Council's behalf. Only when a board or commission acts on behalf of the Council, or otherwise conducts hearings or takes testimony and public comment, does the Open Public Meetings Act require that the meeting be open to the public. D. When a meeting is subject to the Open Public Meetings Act, all commissioners are permitted to attend the meeting remotely so long as a physical location is maintained for the public to attend in person. Through this ordinance, Council wishes to define under what circumstances members of a City board and commission may be permitted to attend a meeting remotely. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment - KCC 2.50.090. Section 2.50.090 of the Kent City Code, entitled "Organization and meetings," is amended as follows: Sec. 2.50.090. Organization and meetings. A. Election of officers. Each appointive commission shall elect from among its members a chair, who shall preside at all meetings, and a vice chair, who shall preside in the absence of the chair. The chair and vice chair shall be elected annually. The secretary of each appointive commission shall be the city administrative support personnel appointed under KCC 2.50.050, 1. The chair shall perform the following duties: 2 Remote Meetings for Boards and Commissions a. Set the appointive commission's agenda, in coordination with the vice chair, the secretary, and the city department liaison if different from the secretary; b. Preside over all meetings of the appointive commission, preserve order and decorum, decide all questions of order and conduct the meeting's proceedings using the rules contained in Robert's Rules of Order where applicable, with the chair having the ultimate decision of how the meeting will be conducted; C. Call special meetings and cancel regular meetings for cause, including lack of a quorum, in coordination with the vice -chair, secretary, and the city department liaison as may be appropriate; d. Act as the appointive commission's liaison with the council, the mayor, and city staff on policy issues; e. Nominate or appoint members of the appointive commission to any subcommittee the appointive commission may form; f. Serve as the appointive commission's focal point for council, mayor, and staff and as principal spokesperson for the appointive commission; g. Oversee the distribution of the appointive commission's agenda and materials during the commission's meetings; h. Make any necessary public appearances on behalf of the appointive commission at meetings of the city council, mayor, and any other bodies requiring representation of the appointive commission; i. Facilitate the annual officer election process; and j. Appoint a chair pro tempore when both the chair and vice chair are absent, who shall have the same authority and duties as the chair. 2. The vice chair shall perform the following duties; a. Act as chair and assume the authority to perform the chair's duties whenever there is a vacancy in the office of the chair, the chair 3 Remote Meetings for Boards and Commissions is absent from the appointive commission, or the chair is unable for any reason to discharge the chair's duties; b. Assist the chair as requested; C. Attend, participate, and assist the chair in agenda planning sessions; d. Assume the office of chair and serve the remainder of any unexpired term if the chair vacates office prior to completing their term, and in that event, facilitate the election process at the appointive commission's next regular meeting of a new vice chair to similarly assume office for the remainder of any unexpired term. 3. If the chair was not able to appoint a chair pro tempore or the chair and vice chair are otherwise absent or unavailable, the longest serving member of the appointive commission, either by consecutive or non- consecutive terms, shall be deemed the acting chair pro tempore. If two or more members qualify to be acting chair pro tempore, then the secretary shall select, by lottery and in the presence of two witnesses, one name from the names of the group of eligible members, and the member whose name is selected shall serve as the acting chair pro tempore. 4. The secretary of the appointive commission will be the staff member appointed under KCC 2.50.050 to assist the appointive commission. The secretary is not a member of the appointive commission and shall have no voting rights. The secretary shall perform the following duties: a. Attend all meetings of the appointive commission and keep the commission's minutes, including those of any meetings of any subcommittees the appointive commission may form, which minutes will be reviewed and adopted by the appointive commission at a subsequent meeting; b. Reproduce, distribute, and file with the city clerk for retention a copy of all minutes of the appointive commission's meetings; 4 Remote Meetings for Boards and Commissions C. See that all notices of appointive commission meetings are given as may be required by the Open Public Meetings Act, Chapter 42.30 RCW, and this chapter; d. Serve as custodian of the appointive commission's records and remain responsible for retaining those records as required by state retention schedules and producing those records as required under the state Public Records Act, Chapter 42.56 RCW; e. Maintain a list of the names, addresses, and contact information for each member of the appointive commission; and provide that list to the city clerk; f. Perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to them by the chair or vice chair. B. Equal votes. Each member shall have an equal vote in decisions of the appointive commission, except for any alternate, who will serve in a nonvoting capacity. C. Duties and responsibilities. Each appointive commission is advisory in nature and shall make reports and recommendations as may be requested to the mayor, city council, and city staff. D. Bylaws. Each appointive commission may adopt bylaws, rules, and regulations as necessary for the election of the chair and vice chair, the conduct of business before an appointive commission, or to supplement the provisions provided for in KCC 2.50.090. Commission bylaws, rules, and regulations may not alter the provisions of this chapter. E. Meetings. 1. Schedule and location. Each appointive commission shall set a regular meeting schedule, including time, place, and frequency of meetings 5 Remote Meetings for Boards and Commissions as necessary, and the secretary of the commission shall provide this information to the city clerk. 2. Open meetings and notice. Although not required for advisory commissions, all meetings of each appointive commission will be open to the public. In giving notice of meetings, the commission secretary may elect to follow the notice guidelines provided for in the Open Public Meetings Act, Chapter 42.30 RCW, as amended, even if the Open Public Meetings Act does not apply to matters before the appointive commission for action at such meetings. Unless notice to the contrary is given by an appointive commission, all meetings shall occur at City Hall, located at 220 Fourth Avenue South. 3. Remote attendance or remote meetings - Emergency. In the event of an emergency, a member may attend a commission meeting remotely by telephone or videoconferencing, as technology in the particular meeting location may accommodate. For purposes of this subsection, an "emergency" is defined as a serious situation or a condition of urgent need that occurs unexpectedly and is unforeseen or unavoidable. A member's remote attendance is permitted for the benefit of conducting city business and not for the personal benefit of a member and may be limited by the city's available equipment and technical support. a. In the event of an emergency and a desire to attend a commission meeting remotely, the member shall notify the chair and the secretary as soon as possible in advance of their desire to attend a commission meeting remotely. The chair shall consult with the city department liaison, and together they will determine whether to grant a member's request to attend a meeting remotely due to the occurrence of an emergency. b. Any remote attendance authorized due to the occurrence of an emergency shall be verbally noted on the record during the meeting and in the official minutes of the meeting. 6 Remote Meetings for Boards and Commissions C. A member authorized to attend a commission meeting remotely shall have all of the official materials available during the meeting, shall be able to hear the meeting in real time, and shall be able to be heard by others during the meeting in real time as if physically in attendance at the meeting. A member who only observes the meeting remotely without complying with the above requirements will not be deemed in attendance. d. It shall be the responsibility of the remotely attending member to ensure compliance with this section. If during the meeting the requirements of this section are not met or are terminated due to technical reasons, or the member fails to attend the meeting remotely, the member will be deemed to have not attended the meeting. e. In the event of an emergency as declared by the President of the United States, the Governor of Washington, the mayor, or another authorized official, and a determination that an in -person meeting cannot be held with reasonable safety due to the emergency, the commission may hold a remote meeting without a physical location, or may limit the physical attendance of some or all members of the public at a meeting, and in doing so, may follow the guidelines provided for by the Open Public Meetings Act, as now enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency. 4. Remote attendance or remote meetings - Non -emergency. When an emergency does not exist as provided for under subsection (E)(3) above, Commissioners may remotely attend commission meetings in the following instances: a. Commission meetings not subject to Open Public Meetings Act. If a commission meeting is not subject to the Open Public Meetings Act, Ch. 42.30 RCW, as currently enacted or later amended or recodified from time to time, the meeting may be held remotely without a physical location for the public to attend in -person if the following conditions are met: 7 Remote Meetings for Boards and Commissions (1) The chair approves of the remote meeting after consultation with the commission secretary; (2) The commission secretary determines the City's technology will support the remote meeting; (3) The meeting occurs through real-time telephonic, electronic, internet, or other readily available means of remote participation; (4) If the method utilized by commissioners for remote attendance allows for commissioners to activate a camera and video display their image to other attendees, the commissioners should, at the discretion of the chair, turn on their cameras for the meeting; and (5) Real-time telephonic, electronic, internet, or other readily available means of remote attendance, is made available to the public; provided that a violation of this requirement shall not invalidate the meeting or any decisions made by a commission at its meeting. b. Commission meetings subject to Open Public Meetings Act. If a commission meeting is subject to the Open Public Meetings Act, Ch. 42.30 RCW, as currently enacted or later amended or recodified from time to time, one or more commissioners may attend remotely, if the following conditions are met: (1) The chair approves remote attendance of one or more commissioners after consultation with the commission secretary; (2) The commission secretary determines that the city's technology will support a commissioner's remote attendance; (3) All remote -attending commissioners have the technology necessary to: (i) participate and communicate in real-time with each other and with those commissioners attending in -person, and (ii) to view any materials being discussed during the meeting; (4) If the method utilized by a commissioner for remote attendance allows the commissioner to activate a camera and video 8 Remote Meetings for Boards and Commissions display their image to other attendees, the commissioner shall turn on their camera for the meeting; (5) A remote -attending commissioner has access during the meeting to all documentation that is considered or provided during the course of the meeting; (6) Real-time telephonic, electronic, internet, or other readily available means of remote attendance is made available to the public; provided that a violation of this requirement shall not invalidate the meeting or any decisions made by a commission at its meeting. (7) A physical location for the public to observe the meeting is provided; and (8) The meeting complies with all other requirements of the Open Public Meetings Act, RCW 42.30 RCW, as currently enacted or later amended or recodified. F. Minutes. Each appointive commission shall adopt procedures to ensure minutes of each meeting are recorded and retained with the city clerk as required by state records retention schedules. G. Conduct of members. All members serving on an appointive commission 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 chair. In addition, the following shall control members' conduct during any meeting of an appointive commission: 1. The chair will call the meeting to order and manage the meeting agenda and time to allow for appropriate discussion and action, where appropriate. 9 Remote Meetings for Boards and Commissions 2. Members are to keep the meeting organized by speaking only when recognized by the chair and granted the floor. To seek recognition, members are to raise their hands and wait to be addressed by the chair. In lieu of hand raising, voting/name cards may be used to indicate votes or requests to speak. 3. Members are to refrain from interrupting another person who has the floor or from having any sidebar conversation. 4. Members are to treat others with respect, courtesy, and in a fair and unbiased manner. Members shall refrain from any conduct or speech that is abusive, bullying, discriminatory, or derogatory. 5. Members should be open and honest about their actions and decisions, and be respectful of others whose opinions may differ. 6. Repeated violations may result in a member's removal from the appointive commission in accordance with KCC 2.50.130. H. Public comment. While the public may attend meetings of an appointive commission, the meetings are those of the commission itself and the public has no general right to address the appointive commission or its members. 1. Meetings of an appointive commission are not an open public forum, and they are subject to restrictions imposed by the chair of the appointive commission, any bylaws or rules the appointive commission may have adopted, and the law. 2. The chair of an appointive commission has the discretion to authorize the public to address the commission, if the chair so desires. If permission to speak is granted to a member of the public, either directly or through an agenda item, the following provisions shall apply: a. Prior to addressing the appointive commission, each speaker shall sign in and state his or her name and city of residence for the record. 10 Remote Meetings for Boards and Commissions b. Remarks will be limited to the time allocated by the chair for each speaker, usually three minutes per speaker. C. All remarks shall be pertinent to matters considered by the appointive commission, and speakers shall address the chair and the appointive commission as a whole and not any member individually. I. Public demeanor. No one shall use any impertinent, degrading, or slanderous language directed to the chair, appointive commission members, 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 chair, the chair may direct that a speaker return to their seat or may remove any person for disruptive behavior at an appointive commission meeting. J. Voting. Discussion by the appointive commission shall relate to the subject matter at hand and shall be relevant and pertinent. When action of the appointive commission is required, the following provisions shall apply: 1. The chair will request a motion for a vote. 2. Each member of an appointive commission shall be entitled to one vote, including the chair. 3. Motions shall be made, seconded, and voted upon. 4. The chair is authorized to establish all reasonable and necessary procedures to permit the casting of votes by members of the appointive commission. 5. Every member, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excluded by the appointive commission, shall cast his or her vote upon any matter put to vote by the commission. 11 Remote Meetings for Boards and Commissions 6. Unless otherwise directed by the chair, all votes shall be by voice or a show of hands. No votes shall be made by proxy. 7. Any member of the appointive commission who abstains from voting, or who otherwise remains silent during a vote or enters a blank ballot, will be deemed to have not casted a vote on that item. An abstention will not count as a vote, either in favor of, or in opposition to, any motion. 8. Action by the appointive commission requires only the affirmative vote of a majority of the votes cast, except where otherwise required by this chapter, any appointive commission bylaws, or state law. 9. At the request of the chair or of any member of an appointive commission, a motion may be voted upon by a roll call and the individual voting results shall be recorded by the secretary in the minutes. Action of the appointive commission may be shared with the city council, the mayor, or city staff. K. Procedural deviations and suspension of rules. If an appointive commission fails to conform to the procedural provisions of this chapter or to Robert's Rules of Order, and that failure is not timely objected to by a member before action occurs, once action is taken by the appointive commission, that action stands and shall be deemed automatically ratified by the appointive commission. No procedural error shall render any action by the appointive commission invalid, nor shall the provisions of this chapter be deemed to provide any resident rights they did not already have by operation of law. SECTION 2. - Repealer - KCC 2.55.060. Section 2.55.060 of the Kent City Code related to the Disability Board and entitled "Remote Attendance," is repealed in its entirety. 12 Remote Meetings for Boards and Commissions SECTION 3. - Repealer - KCC 2.64.060. Section 2.64.060 of the Kent City Code related to the Firefighters' Relief and Pension Board and entitled "Remote Attendance," is repealed in its entirety. SECTION 4. - Amendment - New KCC 2.57.050. Chapter 2.57 of the Kent City Code related to the Land Use and Planning Board is amended to add a new Section 2.57.050, entitled "In -Person Meetings," as follows: Sec. 2.57.050. In -person meetings. Except as permitted by KCC 2.50.090(3) for emergencies, the land use and planning board shall hold its meetings in such a manner that a quorum of the board shall meet in -person. The remote attendance of any member of the land use and planning board shall comply with the provisions of KCC 2.50.090(4)(b). SECTION 2. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - 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 ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. February 21, 2023 DANA RALPH, MAY R Date Approved 13 Remote Meetings for Boards and Commissions APPROVED AS TO FORM: HITE, CITY ATTORNEY February 21, 2023 Date Adopted February 24, 2023 Date Published 14 Remote Meetings for Boards and Commissions STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Rudi Alcott, being first duly sworn on oath that he is the Vice President of Advertising for Sound Publishing, which publishes the Kent Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspaper in King County, Washington. The Kent- Covington Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Kent- Covington Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice #KEN971162 was published on February 24, 2023 The full amount of the fee charged for said foregoing publication is the sum of $96.65 W Rudi Alcott Vice President, Advertising Subscribed and swom to me this 24' day of February, 2023. 1 Je ifer rib et , tary Public for the State of Washington, Residing in Orting, Washington NOTARY PUBLIC Classified Proof CITY OF KENT NOTICE OF ORDINANCE PASSED BY THE CITY COUNCIL The following is a sum mory of an ordinance passed by the Kent City Council on February 21, 2023. ORDINANCE NO. 4458 -AN ORDINANCE of the City Council of the City of Kent, Washington, to: (1) amend Section 2.50.090 of the Kent City Code ('KCC') to allow remote meetings for City boards and commissions on stated conditions; (2) amend Chapter 2.57 of the Kent City Code to provide that a quorum of the City's Land Use and Planning Board shall ap- pear for its meetings in - person; and (3) repeal obsolete remote aden- dance provisions in KCC 2.55.060 and KCC 2.64.060 related to the Disability Board and the FirefightersRelief and Pension Board. This or- dinance shall take effect and he in farce 30 days from and after its pas- sage, as provided by law. A copy of the complete text of any ordinance will be mailed upon request of the City Clerk. Kimberley A. Komolo, City Clerk KkomoWaKentWA.aov 253-8565725 #971162 2110123 Proofed by Jennifer Tribbett, 02/07/2023 02:53:36 pm Page: 2