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HomeMy WebLinkAbout2774 RESOLUTION NO. 2774 A RESOLUTION of the City of Bremenon City Council, adopting Rules and Procedures for the City Council to conduct orderly business. WHEREAS, the Bremenon City Council Rules and Procedures were last revised and dated July 31, 1996; and WHEREAS, there existed areas of needed update and clarification of the City Council Rules and Procedures, to provide for the orderly conduct of the City Council' s business; Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON that the attached Bremerton City Council Rules and Procedures adopted by this reference, be dated and effective the 25m day of October, 2000. PASSED by the City Council of the City of Bremerton this 25"' day of October, 2000. CAROL ARENDS Council President ~:.~ OF Bremerton City Council Rules and Procedures "Citizens have the right to attend the meetings of most governmental bodies and they may be permitted to address the body on subjects relevant to its business. However, citizens must observe all the rules and regulations of the body regarding attendance and addressing members. Members of the public attending the meeting of governmental bodies do not have the right to interrupt or heckle. They have the right only to seek permission to be heard' or to ask questions in accordance with whatever provisions for hearing public opinions or answering questions are fixed by law or have been adopted as rules of the body. They also have the right to submit written petitions, protests, and requests for hearings. Alice Sturgis, author The Standard Code of Parliamentary Procedure Rules and Procedures Resolution No. 2774 Revised 9/27/00 CONTENTS Rule Page 1. Meetings 2 2. Presiding Officer ~ Duties 3 3. Council Members 5 4. Agenda Control 5 5. Items of Business - Regular Meetings 6 6. Debates 7 7. Parliamentary Procedure 7 8. Ordinances ~ Resolutions 7 9. Miscellaneous 8 10. Council Expense Rei~nbursement 10 11. Public Hearings and Appeals 11 12. Hearings and Appeals - Closed Record 12 Executive Directot-j 15 Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 2 RULE 1 - MEETINGS 1. Regular Meetinas: The City Council shall meet regularly on Wednesday of each week at 5:30 p.m. in tile Council Chamber, Bremerton City Hall, Bremerton, Washington. Meetings may be relocated to accommodate special needs or circumstances. If the regular meeting falls on a holiday, the regular meeting shall be held on the next business day pursuant to RCW 42.30,070, or on another day in the week set by a majority vote of the Council upon one week notice, pursuant to the City Charter. a. Upon a motion, and majority vote, the Council may recess from a meeting to a ceaain time set fotlh in tile motion. 2. Special Meetings: Special meetings or any change in the time or location of a regular meeting shall be called by tile City Clerk on the written request of the Council President, or a majority of the members of tile City Council, by delivering personally or by mail, e- mail, or fax, written notice to each member of tile Council; and to each local newspaper of general circulation and to each local radio or television station which has on file with the City Clerk a written request to be notified of such special meeting or of all special meetings. The notice must be delivered personally or by mail fax or e-mail at least twenty-four hours before the time of tile meeting as specified in the notice. The call and notice shall specify tile time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings. Written notice may be dispensed with: a. If a member, prior to the convening of the meeting, files waiver of notice with the City Clerk, either written, by e-mail, or by FAX; b. If a member is actually present at tile time tile meeting convenes; or c. If the special meeting is called to deal with an emergency involving injm'y or damage to persons or proper~y, or the likelihood of such, where these requirements would increase the likelihood of such injury or damage. (RCW 42.30.080) 3. Ouorum: Five Council Members shall constitute a quorum for the tTansaction of business, and in tile absence of a quorum the members present may adjourn the meeting to a later date. Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 2 4. Open Public Meetings Act. All Council meetings shall be conducted in conformity with the Open Public Meetings Act (RCW 42.30). 5. Appearance of Fairness/Conflict of Interest: In all its dealings, the Council and its individual members shall be governed by RCW 42.36 (Appearance of Fairness Doctrine); RCW 42.20 (Misconduct of Public Officers) and RCW 42.52 (Ethics in Public Service) and Chapter 2.96 BMC. 6. Executive Sessions: The Council may hold Executive Sessions during a regular or special meeting to consider matters allowed under RCW 42.30.110 as it now exists or is hereafter amended. Permitted topics include consideration of acquisition or sale of real property if public knowledge would adversely affect the price; discussion with legal counsel of City enforcement actions or potential or pending litigation in which the City is, or is likely to become, a party; to receive complaints against a public employee, unless the employee requests the consideration to be held in an open meeting; evaluate the performance of an employee or qualifications of an applicant for City employment, so long as the final decision to hire and terms of employment, and decisions to terminate or discipline, are taken in an open meeting; and other itemized topics as set forth in RCW 42.30.110. Before convening in Executive session, the presiding officer shall announce the purpose of the session and the anticipated length of such session, and whether further action is anticipated. Should the session require more time, a public announcement shall be made that the session will be extended. The Council will return to Council Chambers for Adjournment of the meeting. Confidential discussions during Executive sessions shall not be disclosed by any Council member or City official in attendance to any person unless confidentiality is waived by a majority of the Council. Violation of confidentiality may result in a censure motion by the Council during a regular meeting; RULE 2 - PRESIDING OFFICER - DUTIES 1. Conduct of Meeting: The presiding officer at all meetings of the Council will be the President of the Council, or in the absence of the President, the Vice President of the Council, who shall conduct the business and deliberations of the Council under these rules. Reference berein to Council President shall also apply to the Council Member acting in the Council President's place as presiding officer. The President/mayor pro tempore and Vice President shall be elected by a majority of the Council Members at the start of the first meeting of each year, or at such time as necessary due to a vacancy. If both the President and Vice President are absent and a quorum is present, the Chair of the Fiscal and Budget Committee shall act as Presiding Officer. If the Chair of that Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 3 Committee is unavailable, the Chair of the Operations Committee shall act as presiding officer. The Council President shall: a. Prese~we order and decorum in the Council Cha~nber at all times; b. Obse~we and enforce all rules adopted by the Council for its government; c. Decide all questions on order, in accordance with these rules, subject to a challenge as provided in Rule 6 Subsection 4., below; 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 all other members of the Council have had an opportunity to be recognized and be beard; e. The presiding officer, as a member of the Council, shall have only those rights, and shall be governed in all matters and issues by the same rules and restrictions as other Council Members. 2. Warrant Re~ister: The Council President shall be assigned the responsibility for signing off on the Warrant Register, following Council approval. 3. Council Committees: The Council President shall make all committee assignments, as well as Intergovernmental Representative assignments, subject to majority approval of the full Council. To the degree possible, assignments will be consistent with special skills. interests and time constraints. Assignments will be made to the following: a. Standing Committees - Including, but not limited to Fiscal & Budget, Operations, Audit, Lodging Tax Advisory Committee. b. Special Committees - As authorized by Cotmcil and assigned as set forth above. c. Intergovernmental Committees, Commissions and Boards - Kitsap Regional Council of Governn~ents and others as appointed and approved. Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 4 d. Ad Hoc Committees - May be established fox' a specific purpose with a specific time fi'ame. The Council may dissolve such committees when and if deemed necessary. RULE 3 - COUNCIL MEMBERS 1. Comments: Council members shall address all comments to the Council President, except when a member moves to adopt a resolution, or when a-member seconds a motion. 2. Leaving Place: No member shall leave his or her place while a question is being put or a count is being taken. 3. Voting: A vote on any matter shall be taken by roll call and any member may abstain from voting. 4. Questioning: Any member of the Council, including the Council President, shall have the right to question any individual, or staff n~ember, on matters germane to the' issue before the Council. Such questioning shall not be conducted so as to ridicule or denigrate the individual beiug questioned. 5. Information Requests: A Council member may seek clarification or additional information before voting on an issue. If such request delays consideration to another date, approval of a majority of the Council is required. RULE 4 - AGENDA CONTROL 1. Agenda Conn'ol: Consideration of any subject, matter, or communication by the Council may be initiated by tile Mayor or any Council Member. All written materials supplementing an agenda bill should be filed with the Council Legislative Assistant and presented to Council Committees. TIle Council l'resident may reject any agenda item not complying with this procedure. 2. Committees: Each item shall be presented to both Fiscal and Budget, and Operations Committees. Items that are presented to the Council at a study session need not be reviewed by com~nittees. Committees shall not delay forwarding any item to the full Council even if the recommendation is negative. Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 5 3. Removing Items: At the pre-meeting study session or other study session, any item may be removed fi'om the agenda for any reason upon the request of any Council Member. However, two Council Members may demand it be reinstated to the agenda. The item shall be brought before tile Council as ,'egular business on the agenda and only tabled, continued or rejected by ma. jority vote. RULE 5 - ITEMS OF BUSINESS -REGULAR MEETINGS 1. Items of Business 1. Call to Order (Flag Salute and Invocation) 2. Consent Agenda 3. Claims/Vouchers/Wan'ants 4. Council Member Reports 5. Mayor's Report 6. Legislative report 7. Public Recognition 8. Final Reading of Ordinances and Vote thereon 9. Inn'oduction and First Reading of Ordinances 10. Reading and Vote upon Resolutions 1 l. Public Hearings and Appeals 12. Adjournment 2. Executive Session/Recess: TIle agenda may be inten'upted for a stated time to adjourn to Executive Session or recess at tile prerogative of tile Council President, unless oven-uled by Council majority. Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 6 3. Consent Agenda Items: Any Cot, ncil member may request a Consent Agenda Item be moved to the regular agenda, for which no second is required. 4. A~enda Rean'angement: As need arises, the Council President may rean'ange the Agenda. RULE 6 - DEBATES 1. Inten'uption: No member, including the Council President, shall inteiTupt or argue with any other member while such meanbet has the floor. 2. Courtesy: All speakers, including Council members, during comments, discussion or debate of any issue, shall address their comments to the Council President with courtesy and proper deportment. Comments shall not contain personalities, derogatm2¢ remarks or insinuations toward any member of the Council, Staff and Public, but shall be confined to facts that are gem~ane and relevant to the issue. 3. Transe, ression: Upon n'ansgression of these rules, the Council President shall call such person to order, in which case that person shall be silent except to continue in order. If the Council President transgresses these rules, or fails to call a n'ansgressor to order, any other member of the Council may, under a point of order, call the transgressor to order. 4. Challenge tO Ruling: Any member of the Council, shall have the right to challenge any action or ruling of the Council President, or member, as the case may be, in which case the decision of the majority of the members of the Council present, including the Council President, shall govern. RULE 7 - PARLIAMENTARY PROCEDURE 1. Procedure Guide: The "Standard Code of Parliamenta~-j Procedure", McGraw 1993, shall be used as a guide to govern the conduct of business of the City Council while in Legislative session. However, the Council President shall have the authority to make a final ruling on all issues of procedure, subject to Rule 6, Subsection 4 of these Rules. RULE 8 - ORDINANCES - RESOLUTIONS 1. Actions: Any action of the Council shall be by ordinance, resolution or motion and shall be conducted ouly in open public meetings unless otherwise provided by law. Such action shall be deemed approved by an af~mmtive vote of a majority of those Council Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 7 members present, unless otherwise provided by law. Any such action shall contain only a single subject matter and may not be amended to include a different subject. 2. Submittal: No ordinance shall be read ou final passage until approved as to form and legality by the City Attorney and copies have been furnished to Council Members and the City Clerk. No such ordinance shall comain any interlineations or marginal notes. 3. Presentations: Reading of ordinances and resolutions at all Council meetings shall be deemed sufficient by the reading of a brief synopsis of tile title of the ordinance or the purport of the resolution. The ~dl text of an ordinance or resolution under consideration by the Council will be provided to any member of tile public upon request. 4. Hearings: EveW ordinance shall have two public hearings, unless otherwise provided in the City Charter. Amendments or revisions within the scope of the ordinance may be made during either hearlug without reintroduction. At least one week shall elapse between the inn'oduction and tile final passage of the ordinance. If second reading is not conducted within the following three meetings, first reading shall be reheard. RULE 9 - MISCELLANEOUS 1. Agenda: By direction of tile Council President, tile Legislative Assistant shall prepare the Agenda fox' each session of the Council ill regular order in accordance with these rules, which order shall not be departed fi'om, except as provided in these rules. Such Agenda shall include all resolutions. ordinances and matters requested by any Council Member, or the Mayor, with no items deleted fi'om tile Agenda except as provided in Rule 4 of these rules. 2. Public Comment on Agenda Items: Ally person has tile right to speak on any Agenda item at the time the item is discussed and prior to a vote by tile Council. Such remarks must be confined to those that are germane and relevant to tile item being discussed and shall be subject to a time limit. If numerous speakers are addressing the issue, the Council President may fin'ther restrict speaker time. Written comments shall, to all intents and purposes, be considered the same as oral comments. 3. Public Recognition: Any member of the public shall have the right to address the Council and the Mayor on issues not on the Agenda. No member of the public shall engage in discussion or comment which a) is obscene, indecent or libelous; b) promotes the sale of products, or services; c) promotes any lottery or contest which offers prizes Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 8 dependent in whole or in part upon lot or chance. Fox' those questions ~'om the public posed to the Council that cmmot be answered at the Council meeting, there will be a written or verbal response fi'om the appropriate pan.ty or parties within a reasonable time. Letters addressed to City officials will not be read in Public Recognition unless an exception is granted by Council President based upon exceptional circumstances. Argumentative Rebuttal is not permitted during Public Recognition. During the election period, beginning the last week in July or ~'om the time an individual announces candidacy, whichever comes ilrst, through the November General Election, all announcements or advertising concerning candidates are prohibited. Discussion of ballot issues is prohibited after the issue has qualifi. ed fox' the ballot. Meetings for political parties may be announced, with the exception of fundraising events (i.e. dinners, drawings, etc.) or meetings where the title of the function expresses support or opposition for any candidate, political pan.ty, or issue. 4. Public Hearings: Any member of the public wishing to speak during Public Hearing, should complete a regisn'ation card bel'ore the start of the meeting and submit it to the Legislative Assistant. The Council President may allocate the time allotted to Public Hearing equally among the members of the public who have registered. 5. Complaints: Personal complaints, especially those of a derogato~2¢ nature against any official or employee of the City shall not be discussed at a Council meeting. Citizens wishing to make such complaints shall be instructed that the same should be first processed and handled through the Mayor's office. Then, if the citizen feels appropriate action has not been tal<en, it shall be proper for the complaint to be comnnunicated in writing to the members of the Council. Complaints against a Cotmcil Member shall be submitted to the Council President. If the complaint is against the Council President, the complaint shall be submitted to the Vice-President. Acceptance by the .Council of a written complaint shall not, how'ever, give rise to public discussion thereonThe City Attorney should be consulted regarding confidentiality, rights to privacy and other legal concerns. 6. Amendments to Rules & Procedures: Amendments to these rules shall be made by resolution of the Council which must be laid oven' for at least one week, and may then be made by majority vote of the full membership of the Council. 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 a subsequent session of the Council. Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 9 7. The City Clerk: TIle City Clerk. or duly authorized representative, shall attend all meetings of the City Council and maintain a permanent jounlal of its proceedings. The Clerk shall record all votes by calling tile names of each member on a positional rotation basis with Council President's vote called last. 8. Maintain Record: The Clerk shall cause to be recorded electronically all of the regular and special meetings of the City Council and each and every part thereof. These records shall be maintained for a period in conlbnnance with Chapter 40.14 RCW. 9. Prepare Minutes: Subsequent to each meeting, tile Legislative Assistant shall prepare brief and concise minutes of all Council meetings and submit the same to the Council for approval. Such minutes shall contain an accurate resume of official Council actions, with reference to all matters before it. 10. Verbatim Transcript: No men~ber of the Council, nor any member of the adminisn'ative staff of the City, shall be empowered or authorized to require the Legislative Assistant to insert in said official minutes any verbatim n'anscript of all or any part of the proceedings. Verbatim transcripts shall be made a part of the minutes only when authorized by a majority vote of tile entire Council, made at the meeting wherein such Verbatim request is made. Copies of tapes will be available at cost. 1l. Committee Meetings: Committee meetings shall be held at City Hall, unless the Committee business mandates a meeting elsewhere. A Council member, not appointed to a Committee, may attend a meeting as all observer, but not participant. RULE 10- COUNCIL EXPENSE REIMBURSEMENT Members of the City Council shall obsevve the Expense Reimbursement Claim Policies that have been established by ordinance or resolution. Reimbursement for n'avel by any member of the Council outside tile State of Washington shall be made only with the prior informal approval of the m~iority of tile Council. All Council member expenses shall be subject to approval by the Council President. Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 10 RULE 11 - PUBLIC HEARINGS AND APPEALS 1. Time of Hearings: The tinge fbr commencing a public hearing or appeal may be noted in the Council Agenda. TIle presiding officer may modify the order of business under Rule 5 in order to conduct tile bearing or appeal at or about the designated time. 2. Quasi-Judicial Body: In hea,'ing matte,'s requiring application of law and determination of facts which predominantly affect particular parties rather than the public generally or a class or group, the Council sits as a Quasi-3udicial body. It will conduct the hearing in accordance with Rule 11 or 12. a. Council President convenes hearing or appeal. b. Item is introduced by City Clerk. c. Council President inquires: 1. '~All Council members should now give consideration as to whether they have: 1.) a demo,utrated bias or prejudice for or against any party to tile proceedings; 2.) a direct or indirect monetary interest in tile ot,tcome of the proceedings; 3.) a prejudgment of the issue prior to hea,'ing the facts on the record; or 4.) ex parse contact with any individual, excluding adminisn'ative stafi~ with regard to an issue prior to the hearing. If any Council member should answer in the affirmative, then the Council member should state tile reason for their answer at this time so that tile Chair may inquire of the City Attorney as to whether a violation of the Appearance. of Fairness Doctrine or a Conflict of Interest exists." 2. "If any member of the public believes any Council member should excuse themselves due to a conflict with the Appearance of Fairness docn'ine, or for another concern, please state the reasons now." d. Council President calls upon Administrative Staff to present recommendations of exect,tive or decisio,l of commission or board, to provide a general background and to answer Council questions. Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 1 l e. Council President designates the length of argument to afford a fair hearing of the issues. Con'espondence is read and testimony taken fi'om proponents, then opponents and those neun'al. Council may ask questions of those testifying. f. Limited questioning of opposing witnesses on technical matters by either side may be allowed in the discretion of the Council President. The City Attorney will advise the Council President when such questioning may be a lawftd requirement of the hearing. g. President closes the public testimony portion of the hearing. Council deliberates and may ask questions of the presenters. h. A decision by motion is made. The Council may affi~Tn, reverse or modify an appealed decision based upon its application of code criteria and standards to the record on appeal. For actions forwarded with a favorable recommendation of the Plalming Commission, a draft ordinance or resolution should be presented at the initial public hearing for action. i. On subsequent hearing(s) of an implementing ordinance or resolution, the public comment at the hearing will be limited to the issue of whether the ordinance or resolution, including findings and conclusions of Council. reflects the Council's decision at the initial public hearing. j. No motion to rescind or reconsider the initial quasi-judicial decision may be brought by any Council member following close of the meeting. RULE 12 - HEARINGS AND APPEALS - CLOSED RECORD 1. Record: If the hearing is a closed record appeal or hearing, the record of the prior open record appeal or pre-decision hearing may be supplemented with written argument directed to the record and any alleged errors. Argument shall be sublnitted as follows: a. The Department of Building and Planning shall assign a hearing date in coordination with the Council upon the filing of an appeal or pre-decision Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 12 recommendation ~'om an open record appeal, with sufficient time to allow filing of argument. b. The appellant shall file a list of issues on appeal with supporting argument on each with the Council office 16 days (3rd Monday) prior to the assigned hearing date. Supporters of a pre-decision recommendation may file argument in support by this deadline. Those opposing the appeal or pre-decision recommendation may file responsive argument to issues raised in the appeal or supporting argument 9 days (2nd Monday) prior to hearing. The appellants/supporters may file a reply 7 days (Wednesday) prior to hearing. 2. Hearing Procedure: a. After the appearance of fairness inqtm2¢, the President will announce that the decision will be based on materials received in evidence at the previous open hearing; transcript of the prior hearing; the final decision or recommendation fi'om the previous hearing; and ~vritten argument which has beeu submitted in a timely manner. The President asks if Council members have listened to the tapes and reviewed other evidence submitted in the prior open record hearing, and excuses those who have not. b. Staff presents the recommendation or decision of the commission or board, which reviewed the action, gives general background and answers Council questions regarding the record. The Council may consider the following limited evidence not set forth in the record on appeal: l. The Council may take official notice of reformation such as any law, ordinance. resolution, rule or other fact generally known and verifiable fi'om reliable sonrces. 2. Council members may view the area in dispute, but shall note tile time, manner and circumstances of such view on tile record. 3. Council deliberates and may ask questions of the staff. 4. A motion inco~1~orating the decision is made. The Council may aftimp, reverse or moctif}¢ au appealed decision based Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 13 upon its application of code criteria and standards to the record on appeal. The decision may adopt the findings of the lower review authority to the extent they address the merits of tile appeal and shall specify such additional findings and conclusions necessary to support the decision. For actions forwarded with a favorable recommendation of the Planning Comn~ission, a draft ordinance or resolution should be presented at the initial public hearing for action. 5. On subsequent hearing(s) of an implementing ordinance or resolution, the public comn~ent at the hearing will be limited to tile issue of whether the ordinance or resolution, including findings and conclusions of Council, reflects the Council's decision at the initial public hearing. 6. No motion to rescind or reconsider the initial quasi- judicial decision may be brought by any Council member following close of the meeting. Dated this 2fh day of October, 2000. CAROL ARENDS, City Council President Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 14 EXECUTIVE TELEPHONE DIRECTORY Mayor's Office Lynn Horton 478-5266 City Council 478-5280 Dir. Administrative Services City Clerk 478-5290 City Attorney 415-5497 City Auditor 478-5369 City Engineer 478-5270 · Fire Chief 478-5380 Police Chief 478-5222 Judge, Municipal Court 478-5260 Dir. Parks and Recreation 478-5305 Dir. of Building and Planning 478-5275 Dir. Public Works and Utilities 478-53 18 City Treasurer 478-5210 Rules & Procedures Resolution No. 2774 Revised 10/25/00 Page 15