HomeMy WebLinkAbout2926 RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Brcrnerton, Washington, repealing Resolution No. 2774 and
adopting new Rules and Procedures for the City Council to
conduct orderly business.
WHEREAS, the City Council adopted Resolution No. 2774 on October 25, 2000,
which adopted Rules and Procedures for the City Council to conduct orderly business; and
WHEREAS, thc City Council desires to update the Rules and Procedures for the
City Council; NOW THEREFORE,
THE CITY COUNCIL OF TIlE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION1. Resolution No. 2774 is hereby repealed in its entirety.
SECTION2. The Brcmcrton City Council Rules and Procedures attached hereto
as Exhibit A are hereby adopted and shall become effective upon passage of this resolution.
SECTIONS. Severabilit¥. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION& E££ective Date. This Resolution shall take effect and be in force
immediately upon its passage.
~ PASSED by the City Council of the City of Bremerton, Washington this~
day o f ~,t.,aa,g..e~ 2004.
DAREN NYGREN, Co~c~{ President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVI~Atl'O'~[y - I~AUL~ J'O~N-~T6~7, Interim City Clerk
//
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Council Rules and Procedures
Bremerton City Council
Rules & Procedures
Rules & Procedures
Page 1
CONTENTS
RULE 1 - MEETINGS .................................................................................................................. 2
RULE 2 - PRESIDING OFFICER- DUTIES ............................................................................ 4
RULE 3 - COUNCIL MEMBERS ............................................................................................... 6
RULE 4 - AGENDA CONTROL ................................................................................................. 7
RULE S - REGULAR COUNCIL MEETINGS-ITEMS OF BUSINESS ............................... 7
RULE 6 - DEBATES .................................................................................................................... 8
RULE 7 - PARLIAMENTARY PROCEDURE ......................................................................... 9
RULE 8 - ORDINANCES - RESOLUTIONS ............................................................................ 9
RULE 9 - MISCELLANEOUS .................................................................................................... 9
RULE 10 - COUNCIL EXPENSE REIMBURSEMENT ........................................................ 11
RULE 11 - QUASI-JUDICIAL HEARINGS ........................................................................... 11
RULE 12 - CLOSED RECORD tIEARINGS .......................................................................... 13
EXECUTIVE TELEPItONE DIRECTORY ........................................................................... 15
RULE 1 - MEETINGS
1. Regular Meetings: The City Council shall meet regularly on Wednesday of each week
at 5:30 p.m. in accordance with Rule 5, in the Council Chamber and/or Council
conference room, 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.
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a. Upon a motion, and majority vote, the Council may recess from a
meeting to a certain time and place set forth in the motion.
2. Special Meetings: Special meetings or any change in the time or location of a regular
meeting shall be called by the Council President, or a majority of the members of the City
Council, by delivering personally or by mail, e-mail, or fax, written notice to each
member of the Council; and to each local newspaper of general circulation and to each
local radio or television station which has on file with the City 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 the
meeting as specified in the notice. The call and notice shall specify the 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 the time the meeting convenes; or
c. If the special meeting is called to deal with an emergency involving
injury or damage to persons or property, or the likelihood of such, where
these requirements would increase the likelihood of such injury or damage.
(RCW 42.30.080)
3. Quorum: Five Council Members shall constitute a quorum for the transaction of
business, and in the absence of a quorum the members present may adjourn the meeting
to a later date.
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 including:
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a. consideration of acquisition or sale of real property if public
knowledge would adversely affect the price;
b. 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;
c. to receive and evaluate complaints against a public employee, unless
the employee requests the consideration to be held in an open meeting;
d. 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;
e. to review negotiations on the performance of publicly bid contracts
when public knowledge regarding such consideration would cause a
likelihood of increased costs; and
f. to evaluate the qualifications of a candidate for appointment to
elective office.
See RCW 42.30.110 for complete itemization of executive session topics.
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, as
applicable, 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 herein 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
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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
Committee is unavailable, the Chair of the Operations Committee shall act as presiding
officer.
The Council President shall:
a. Preserve order and decorum in the Council Chamber at all times;
b. Observe and enforce all mles 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 heard;
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
roles and restrictions as other Council Members.
2. Warrant Register: 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:
(i) Legislative Review Committee consisting of the full council
membership, with the Council President as chair, to serve each week as a
regularly scheduled committee meeting immediately following the Limited
Agenda Council Meeting in the council conference room, or other times
and locations as designated, to hear matters to be placed on the regular
council meeting agendas and other council business.
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(ii) Fiscal & Budget Committee to serve as directed by the
Council President,
(iii) Operations Committee to serve as directed by the Council
President,
(iv) Audit Committee per the City Charter and Chapter 2.18
BMC,
(v) Lodging Tax Advisor,/ Committee per Chapter 67.28 RCW
and Chapter 3.64 BMC.
The above listed standing committees may be restructured or reorganized as
authorized and approved by the City Council without formal amendment of these rules
and procedures.
b. Special and Ad Hoc Committees - May be established for a specific
purpose or a specific time frame to serve as authorized by the Council
President and approved by the City Council.
c. Intergovernmental Committees, Commissions and Boards - Kitsap
Regional Coordinating Council of Governments and others as appointed
and approved.
4. Council Liaison to Cit,/Departments: Each council member will be assigned by the
Council President to one or more city departments to serve as a liaison between the city
council and the departments. The council members will perform this function as directed
by the Council President.
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 member, on matters germane to the issue
before the Council. Such questioning shall not be conducted so as to ridicule or denigrate
the individual being questioned.
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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 Control: Consideration of any subject, matter, or communication by the
Council may be initiated by the 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. The Council President may reject any agenda item not
complying with this procedure.
2. Committee or Study Session Review: Each Agenda Bill item shall be presented to a
council committee or the City Council at a study session.
3. Removing Items: At the pre-council meeting, any item may be removed from the
agenda for any reason upon the request of any Council Member. However, two Council
Members may demand the item be reinstated to the agenda. The item shall be brought
before the Council as regular business on the agenda and only tabled, continued or
rejected by majority vote.
RULE 5 - REGULAR COUNCIL MEETINGS - ITEMS OF BUSINESS
1. Full Agenda Council Meeting: The Full Agenda Council Meeting shall meet in the
designated council chambers, unless a different location is so designated, on the first and
third Wednesday of each month at 5:30 p.m. or at such other day and time as designated
by ordinance. The Full Agenda Council Meeting shall consist of the following items with
the sequence to be determined by the Council President:
Call to Order (Flag Salute and Invocation)
Consent Agenda (including check register)
Council Member Reports
Mayor's Report
Public Recognition.
Final Reading of Ordinances and Vote thereon if applicable.
Introduction and First Reading of Ordinances.
Reading and Vote upon Resolutions.
Public Hearings and Appeals.
Adjournment.
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2. Limited Agenda Council Meeting: The Limited Agenda Council Meeting shall meet
in the designated council chambers, unless a different location is so designated, on the
second, fourth and fifth (as applicable) Wednesday of each month at 5:30 p.m. or at such
other day and time as designated by ordinance. The Limited Agenda Council Meeting
shall consist of the following items with the sequence to be determined by the Council
President:
Consent Agenda.
Final Reading of Ordinances and Vote thereon.
Introduction and First Reading of Ordinances as authorized by Council President.
Other business as authorized by the Council President.
Adjournment
3. Executive Session/Recess: The agenda may be interrupted for a stated time to adjourn
to Executive Session or recess at the prerogative of the Council President, unless
overruled by Council majority.
4. Consent Agenda Items: Any Council member may request a Consent Agenda Item be
moved to the regular agenda, for which no second is required.
5. Agenda Rearrangement: The Council President may rearrange or reformat the Agenda.
6. Regular Council Meetings Televised: The Full and Limited Agenda Council meetings
shall be televised unless otherwise directed by Council.
RULE 6 - DEBATES
1. Interruption: No member, including the Council President, shall interrupt or argue with
any other member while such member 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, derogatory remarks or
insinuations toward any member of the Council, Staff and Public, but shall be confined to
facts that are germane and relevant to the issue.
3. Transgression: Upon transgression 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 roles, or fails to call a transgressor to order, any
other member of the Council may, under a point of order, call the transgressor to order.
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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: Robert's Rules of Order 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 only in open public meetings unless otherwise provided by law. Such
action shall be deemed approved by an affirmative vote of a majority of those Council
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 on 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 contain 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 the title of the ordinance or the
purpose of the resolution. The full text of an ordinance or resolution under consideration
by the Council will be provided to any member of the public upon request.
4. Hearings: Every 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 hearing without reintroduction. At least one week shall elapse
between the introduction and the 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 the Council President, the Legislative Assistant shall prepare
the Agenda for each session of the Council in regular order in accordance with these
roles, which order shall not be departed from, except as provided in these rules. Such
Agenda shall include all resolutions, ordinances and matters requested by any Council
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Member, or the Mayor, with no items deleted from the Agenda except as provided in
Rule 4 of these roles.
2. Public Comment on Agenda Items: Any person has the right to speak on any Agenda
item at the time the item is discussed and prior to a vote by the Council. Such remarks
must be confined to those that are germane and relevant to the item being discussed and
shall be subject to a time limit. If numerous speakers are addressing the issue, the Council
President may further 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
dependent in whole or in part upon lot or chance. Those questions from the public posed
to the Council that cannot be answered at the Council meeting must be put in writing in
order to receive a written response from the appropriate party 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.
4. Ballot Issues: During the election period, beginning the last week in July or from the
time an individual announces candidacy, whichever comes first, through the November
General Election, all announcements or advertising concerning candidates are prohibited.
Discussion of ballot issues is prohibited after the issue has qualified for 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 party, or issue.
5. Public Hearings: The Council President may allocate the time allotted to Public
Hearing equally among the members of the public who wish to speak.
6. Complaints: Personal complaints, especially those of a derogatory 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 taken, it shall be proper for the complaint to be communicated in
writing to the members of the Council. Complaints against a Council 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, however, give rise to public discussion thereon. The City
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Attorney should be consulted regarding confidentiality, rights to privacy and other legal
concerns.
7. Amendments to Rules & Procedures: Amendments to these rules shall be made by
resolution of the Council.
8. The City Clerk: The City Clerk, or duly authorized representative, shall attend all
business meetings of the City Council and maintain a permanent journal of its
proceedings. All votes shall be recorded by calling the names of each member on a
positional rotation basis with Council President's vote called last.
9. Maintain Record: All of the regular and special meetings of the City Council and each
and every part thereof shall be recorded electronically. These records shall be maintained
for a period in conformance with Chapter 40.14 RCW.
10. Prepare Minutes: Subsequent to each meeting, the 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.
11. Verbatim Transcript: No member of the Council, nor any member of the
administrative staff of the City, shall be empowered or authorized to require the
Legislative Assistant to insert in said official minutes any verbatim transcript 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 the entire Council, made at the meeting wherein
such Verbatim request is made. Copies of tapes will be available at cost.
RULE 10 - COUNCIL EXPENSE REIMBURSEMENT
Members of the City Council shall observe the Expense Reimbursement Claim Policies
that have been established by ordinance or resolution. Reimbursement for travel by any
member of the Council outside the State of Washington shall be made only with the prior
approval of the majority of the Council. All Council member expenses shall be subject to
approval by the Council President.
RULE 11 - QUASI-JUDICIAL HEARINGS
1. Quasi-Judicial Body: In hearing matters 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-Judicial body. It will conduct the hearing in
accordance with Rule 11 and 12.
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a. Council President convenes hearing.
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 demonstrated bias or prejudice
for or against any party to the proceedings; 2.) a direct or
indirect monetary interest in the outcome of the proceedings;
3.) a prejudgment of the issue prior to hearing the facts on the
record; or 4.) ex parte contact with any individual, excluding
administrative staff, with regard to an issue prior to the
hearing. If any Council member should answer in the
affirmative, then the Council member should state the reason
for their answer at this time so that the 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 doctrine, or for another concern,
please state the reasons now."
d. Council President calls upon Administrative Staff to present the
recommendation or decision of the Administrative Hearing Examiner, or
other applicable commission or board, to provide a general background and
to answer Council questions.
*e. Council President designates the length of argument to afford a fair
hearing of the issues. Correspondence is read and testimony taken from
proponents, then opponents and those neutral. 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 lawful requirement of the hearing.
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*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 accept, reject or
modify a recommendation or decision based upon its application of code
criteria and appropriate findings.
i. No motion to rescind or reconsider the initial quasi-judicial decision
may be brought by any Council member following close of the meeting.
* Not applicable to closed record hearing.
RULE 12 - CLOSED RECORD HEARINGS
1. Hearing Procedure:
a. Closed record hearings on a land use applications shall be conducted
in accordance to this role. The provisions of Rule 11 are applicable to
closed record hearings except as otherwise noted therein. After the
appearance of fairness inquiry, the President or staff will announce that the
decision will be based on materials received in evidence at the previous
open record hearing of the Administrative Hearing Examiner or other
applicable commission or board; minutes of the prior hearing; and the
recommendation or decision from the open record hearing.
b. The Council may consider the following limited evidence not set
forth in the record:
1. The Council may take official notice of information
such as any law, ordinance, resolution, role or other fact
generally known and verifiable from reliable sources.
2. Council members may view the area in dispute, but
shall note the time, manner and circumstances of such view
on the record.
3. Council deliberates and may ask questions of the staff.
4. A motion incorporating the decision is made. The
Council may accept, reject, or modify the Administrative
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Hearing Examiner's recommendation based upon its
application of code criteria and appropriate findings.
Dated this,~_ day of~._~___, 20
DAREN NYGREN, Ci~dent
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EXECUTIVE TELEPHONE DIRECTORY
Mayor's Office
Cary Bozeman 473-5266
City Council 473-5280
City Clerk 473-5323
City Attorney 473-2345
City Auditor 473-5369
City Engineer 473-5288
Fire Chief 473-5380
Police Chief 473-5220
Judge, Municipal Court 473-5260
Dir. Parks and Recreation 473-5305
Dir. of Community Development 473-5275
Dir. Public Works and Utilities 473-5318
Director of Financial Services 473-5590
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