HomeMy WebLinkAbout02-23-2004 - Agenda PacketMEDINA CITY COUNCIL STUDY SESSION
AGENDA
February 23, 2004 7:00 p.m.
501 Evergreen Point Road Medina, WA
A. CALL TO ORDER 7:00 p.m.
B. ROLL CALL (Adam, Blazey, Nunn, Odermat, Phelps, Rudolph, Vail Spinosa)
C. ANNOUNCEMENTS 7:05 p.m.
1. Mayor
2. Council
3. Staff
D. DISCUSSION
1. Site Plan Review 7:15 p.m.
2. School Special Use Criteria 8:00 p.m.
3. Council Policy Manual 8:45 p.m.
E. EXECUTIVE SESSION — Pending Litigation 9:00 P.M.
F. ADJOURNMENT
MEDINA CITY COUNCIL STUDY SESSION
AGENDA
February 23, 2004 7:00 p.m.
501 Evergreen Point Road Medina, WA
A. CALL TO ORDER 7:00 p.m.
B. ROLL CALL (Adam, Blazey, Nunn, Odermat, Phelps, Rudolph, Vail Spinosa)
C. ANNOUNCEMENTS 7:05 p.m.
1. Mayor
2. Council
3. Staff
D. DISCUSSION
1. Site Plan Review 7:15 p.m.
2. School Special Use Criteria 8:00 p.m.
3. Council Policy Manual 8:45 p.m.
E. ADJOURNMENT 9:00 P.M.
ITEM D -1
AA
CITY OF MEDINA
Development Services
501 Evergreen Point Road, Medina, WA 980139 425.454.9222
._rnedi a- a.cgov
MEMORANDUM
DATE:
January 20, 2004
TO:
Medina City Council
FROM:
Joseph Gellings, AICP, Planning Director
RE:
Site Plan Review
RECOMMENDATION: It is recommended that the City Council 1) review the course of the
Planning Commission's consideration of a new site plan review program, and 2) verify that the policy
direction of the Planning Commission's recommended ordinance meets the Council's intentions and
provide further direction to staff or the Planning Commission accordingly.
POLICY IMPLICATION: Enacting a site plan review program would supplement existing Medina
Municipal Code (MMC) provisions for the construction of large homes in Medina — primarily the
development standards found in Title 17 (the Zoning Code) and the Construction Mitigation Program in
Chapter 15.20.
BACKGROUND:
Site Plan Review Objective Statement
At their March 2003 meeting the City Council directed the Planning Commission to develop a
recommendation on establishing a site plan review program for the construction of large homes in Medina.
In doing so they set the following objective statement for such a site plan review program:
A discretionary land use permit process should be explored that: would accomplish the following
objectives in the design of new large homes:
1. The primary buildings on the site should fit harmoniously with the character of the
landscape.
2. New homes should not create an overwhelming amount of bulk from the perspective of
neighboring homes.
3. New homes or occupied accessory buildings should not create significant privacy impacts
for neighboring lots.
4. The basic topography of the lot should not be altered during redevelopment.
5. Key functions of the existing landscaping on a lot should be preserved during
redevelopment.
6. The design of new structures should not obstruct any views from public walkways or
streets that have an established value to the community.
ITEM D -1
7. Where new buildings are being designed to accommodate large gatherings of people, site
plan design should include measures to mitigate the impacts on neighbors.
8. Where new buildings are being designed to accommodate a large number of domestic
employees, site plan design should include measures to mitigate the impacts on
neighbors.
Planning Commission Review
A draft of a potential site plan review ordinance recommended by the Planning Commission at their
August 2003 meeting is presented at the bottom of this report. The P anning Commission discussed this
matter at four different meetings and held a public hearing at the June, 2003 meeting. In developing their
recommendation, the Planning Commission focused on analyzing how a new site plan review program
would relate to existing land use controls for large homes and how property rights would be impacted. In
particular, the Commission went through a process of further defining items one and two from the
Council's objective statement by discussing the degree to which site plan review should be able to
influence the design of new homes. Key aspects of the Commission's decision making can be
summarized as follows:
May 2003 Discussion of what the threshold for requiring SPR should be, i.e. the
minimum size of project that should go through the process.
June 2003 • Decided SPR should not include architectural design review.
• Decided SPR should not reduce the existing code allowances for
structural coverage and building height.
• Decided SPR should not influence the massing of a building.
July 2003 • Decided SPR should not influence the shape of a building. Result
SPR would only influence the placement of buildings and other
primary site features on the lot.
• Decided SPR should not alter site plans for the preservation of a
public view beyond the view protection measures already in the
Zoning Code.
August 2003 Reconsidered the decision to not allow SPR to influence the shape of
a building. Decided to allow SPR to influence shape only when the
reviewing body (Planning Commission) makes a finding that
changing a building's shape is the only practical way to mitigate
impacts on neighbors.
The resulting draft ordinance recommended by the Planning Commission can be summarized as follows:
Program Trigger — Site plan review would be required for new buildings or substantial
alterations to existing buildings on lots greater than 80,000 square feet in area.
Presiding Body — The Planning Commission would facilitate a public hearing and approve the
site plan. The hearing examiner would hear appeals of the commission's decision.
Page 2
ITEM D - 1
Review Criteria — There would be six review criteria considered by the Planning Commission
in their approval / denial of the site plan. These criteria relate very closely to the objective
statement.
Procedure — Site plan review applicants would have the option one or two meetings before
the Planning Commission. The two meeting option is offered because of the tendency for site
plans to evolve slightly through the long design process typical for new homes in Medina. With
this system the first meeting would involve the approval of a preliminary site plan concept and
the second would confirm that the final site plan meets the intent of the Planning Commission's
first approval. The draft ordinance allows for the integration of a site plan review with
construction mitigation plans and variances (potentially all considered in one hearing.)
To summarize how the Planning Commission's recommend ordinance relates to the original objective
statement: most objectives have been refined and one has been eliminated (preservation of public views).
Draft Ordinance Recommended by Planning Commission
CITY OF MEDINA
ORDINANCE NO. XXX — SITE PLAN REVIEW
SECTION 1. PURPOSE AND INTENT
A. Encourage better site planning to help ensure that new development enhances the character
of the city and sensitively fits into neighborhoods.
B. To protect the desirable aspects of natural landscape features of the City by minimizing
undesirable impacts of proposed developments on the physical environment.
C. Improve communication and mutual understanding among developers, neighborhoods, and
the City early and throughout the Site Plan Review process.
SECTION 2. SITE PLAN REVIEW REQUIRED
A. Site Plan Review is required to construct or alter a structure where:
1. Total parcel size is greater than or equal to 80,000 square feet
B. Review: Exemptions: The following types of development shall be exempt from Site Plan
Interior remodels of existing buildings or structures provided:
a. Alterations do not conflict with any prior approved site plan; and
b. Alterations do not modify the existing site layout.
2. Fagade modifications of existing buildings or structures provided:
a. Alterations do not conflict with any prior approved site plan; and
b. Alterations do not modify the existing site layout;
Page 3
ITEM D - 1
c. Alterations do not significantly increase the exterior bulk of the building or
structure.
SECTION 3. DECISION CRITERIA FOR SITE PLAN REVIEW
A. The Planning Commission shall review all development subject to Site Plan Review. The
scope of site plan review is intended to evaluate the placement of primary site features on
the site and reduce negative impacts to adjacent properties. In some cases, a minor
change to the shape of a proposed building may be necessary to meet the Site Plan
Review Objectives listed below. Primary site features shall include but not be limited to
all buildings, driveways, decks, patios, and landscaping. The following objectives shall be
satisfied before the Planning Commission approves a Site Plan Review application:
1. Proposed development shall be sited in such as way as to not create excessive visible
bulk from the perspective of the neighboring houses.
2. Proposed structures are placed and scaled in relation to the openness and natural
characteristics of a site, avoiding an overconcentration of structures.
3. Proposed development shall not create significant privacy impacts for neighboring
lots.
4. Preservation of landscape in its natural state by minimizing grade changes and
vegetation and soil removal.
a. The natural topography of the property shall not be dramatically altered.
b. Significant trees and other natural landscaping should be preserved.
5. If applicable, the site plan shall include measures to accommodate large gatherings
and mitigate the impacts (traffic, parking, noise, exterior lighting etc.) on the
neighborhood.
6. If applicable, proposed site plan shall include measures to accommodate a large
number of domestic employees and groundskeepers and to mitigate the impacts
(traffic, parking, noise, etc.) on the neighborhood.
B. Proposed Site Plans must also comply with all other Medina Municipal Code, state,
federal, and county requirements.
SECTION 4. SITE PLAN REVIEW PROCEDURE
A. A pre -application conference is required for all projects requiring Site Plan Review. The pre -
application process shall include City of Medina staff and applicant.
B. A Public Notice shall be posted and distributed to residents living within 300 feet of the
proposed development fifteen (15) days prior to the Site Plan Review Hearing.
C. Planning Commission Meeting -- Site Plan Review Hearing
1. The Planning Commission shall review the proposed Site Plan.
Page 4
ITEM D -1
2. At the Site Plan Review Hearing, applicants shall present the following information:
a. An initial site analysis addressing site opportunities and constraints, the use of all
adjacent buildings, and the zoning of the site and adjacent properties;
b. A drawing of existing site conditions, indicating topography of the site and the location
of structures and prominent landscape elements on or abutting the site (including but
not limited to all trees, with species indicated);
c. Programmatic conceptual floor plan;
d. Photos showing the facades of adjacent development, trees on the site, general
streetscape character and territorial or other views from the site, if any;
e. A zoning envelope study;
f. A description of the proponent's objectives with regard to site development.
3. Planning Commission shall review all public comments during the Site Plan Review
Hearing
4. Upon reviewing the Site Plan and receiving all public comments, the Planning Commission
will close the hearing and determine one of the following:
a. Approve the Site Plan as submitted;
b. Approve the Site Plan as submitted with conditions; or
1) The Planning Commission shall have the authority to place reasonable conditions
on or modify a Site Plan in order to satisfy the criteria set forth in Section 3. Such
conditions or modifications may include, but are not limited to, screening, buffering,
building location and orientation, setbacks, paving, landscaping, vegetation
removal, grading, and other mitigation as appropriate.
2) The Planning Commission may impose additional requirements including:
preparation of a landscape plan, preparation of a grading, drainage, and erosion
control plan, and preparation of a vegetation preservation plan.
3) Modification of Plan Subsequent to Site Plan Review: In all cases, if an applicant
can demonstrate that a Site Plan can be made consistent with the review criteria
by alternative modifications to the Site Plan, the Planning Commission shall accept
the alternative modifications as conditions to approval and approve the Site Plan.
c. Reject the Site Plan. If Planning Commission finds that the Site Plan application
cannot be made consistent with the review criteria by reasonable conditions, then the
Site Plan shall be denied.
D. Second Planning Commission Meeting. Site Plan Review applicants shall have the option to
have the project reviewed at two Planning Commission meetings. This procedure would utilize
the first meeting as the public -noticed hearing at which preliminary approval of a site plan
concept would be considered by the Planning Commission. The second meeting would occur
after the substantial completion of all design activities and would involve Planning Commission
review of whether the final design is consistent with their concept plan approval. At the second
meeting, the Planning Commission may approve a revised site plan if it finds that the revisions
meet the intent of the original Planning Commission approval.
E. Review Consolidation with Level 2 Construction Mitigation. When a project undergoing Site
Plan Review is also required to develop a Level 2 construction mitigation plan per MMC 15.20,
Page 5
ITEM D - 1
the Planning Commission Site Plan Review meeting may be expanded to allow for the review
and approval of the mitigation plan.
F. Recording of Restrictive Covenant. To ensure compliance with MMC 17.54.057(A)(3), the
Planning Commission may require as a condition of issuance of a permit under this section
that the applicant impose upon and record a restrictive covenant that prohibits future
nonresidential uses of such property.
G. Expiration and extension of Site Plan approval
1. The final approval of a Site Plan shall expire within two (2) years of the date of approval if a
complete building application is not submitted.
2. Exceptions for phased projects: For development proposed on only a portion of a particular
site, an applicant may choose to submit a Site Plan application for either the entire site or
the portion of the site. In the latter case, the application shall state clearly the area of the
site and the proposed development, including phases, for which Site Plan approval is
being requested.
a. Authority of extension of time: The Planning Commission may grant Site Plan approval
for large projects planned to be developed or redeveloped in phases over a period of
years exceeding the normal time limits of subsection E (1). Such approval shall
include clearly defined phases and specific time limits for each phase.
b. Expiration of phases: If the time limits of a particular phase are not satisfied then site
plan approval for that phase and subsequent phases shall expire.
H. Review Consolidation with Variance Requests. Where a variance is sought for a project also
requiring Site Plan Review, the applicant shall have the option to request that the review of
both permits is consolidated into a single public hearing before the Planning Commission.
SECTION 5. REVISION OF SITE PLAN
A. The Site Plan may be revised by the applicant from time to time to modify, eliminate or
add measures. Modifications may be made by agreement between the applicant and the
City Manager or City Manager's designee, provided:
1. Future Development. In making the determination under Section 4, the Planning
Commission may consider the likelihood of additions, expansions, or further activity
being planned by the applicant.
2. Public notice of the proposed revision(s) is posted as provided by MMC 14.04.130
and mailed to adjacent property within 300 feet of the project at least fifteen (15) days
prior to approval or denial of the proposed revisions;
3. written objection(s) to the proposed revision(s) is not submitted within fifteen (15) days
of the public notice posting and date of mailing;
4. In the absence of an agreement or when written objection has been submitted within
the time specified in 6 (b), the proposed revisions shall be considered by the Medina
Planning Commission after a public hearing on the proposed revision(s).
SECTION 6. APPEAL
A. Any aggrieved party may appeal an administrative or Medina Planning Commission
decision, which grants or denies approval of a final Site Plan Review application, to the
Page 6
ITEM D - 1
Medina Hearing Examiner. Notice of appeal must be filed with the Medina City Clerk
within fourteen (14) days of the date the notice of decision to grant or deny the final Site
Plan Review application. The time for appeal shall be extended for an additional seven (7)
days if the decision includes a determination subject to a SEPA public comment period as
required by WAC 197-11-340. (Ord. 710 § 1, 2001, Ord. 608 § 2, 1996)
SECTION 7. ENFORCEMENT
It is the property owner's responsibility to ensure that all work, actions or conditions
comply with this code and all other applicable laws and with the requirements of any
permits and/or approvals granted under this ordinance or any other applicable law,
regardless of any review, approval, inspection or other action of the City or its agents,
consultants, or employees. It shall be the responsibility of the City Manager or City
Manager's designee to enforce the provisions of this ordinance or any approved Site Plan
or revisions thereto.
SECTION 8. VIOLATIONS AND PENALTIES
A. Violations
1. It is a violation of this ordinance for any person to use, construct or allow any structure
within the City of Medina that violates any of the provisions of this ordinance.
2. It is a violation of this ordinance for any person to fail to comply with the terms of an
approved Site Plan Review Application or any revisions thereto.
B. Notice of Violation
If, after investigation, the City's Representative determines that the standards or requirements
of this ordinance or any approved Site Plan Review application or revisions thereto have been
violated, the City's Representative shall serve notice of violation upon the owner, contractor or
other person responsible for the condition. The notice of violation shall state separately each
standard or requirement violated; shall state what corrective action, if any, is necessary to
comply with the standards or requirements; and shall set a reasonable time for compliance.
The notice shall be served upon the owner, contractor or other person responsible for the
condition by personal service or certified mail with return receipt requested, addressed to the
last known address of such person. A copy of the notice shall be posted at a conspicuous
place on the property containing the site of the violation. A notice -may be amended at any time
to correct clerical errors or cite additional authority for a stated violation.
C. Civil Penalty
In addition to any other sanction or remedial procedure, which may be available, any
person violating or failing to comply with the provisions of this ordinance shall be subject
to a cumulative penalty in the amount of $500 per day for each violation from the date set
for compliance. The penalty imposed by this section shall be collected by civil action
brought in the name of the City.
D. Criminal Penalties
Page 7
ITEM D -1
Any person violating or failing to comply with any of the provisions of this ordinance shall
be subject to criminal prosecution and upon conviction shall be fined in a sum not
exceeding $1,000 or be imprisoned for a term not exceeding thirty (30) days or be both
fined and imprisoned. Each day of noncompliance with the provisions of this ordinance
shall constitute a separate offense.
E. Stop Work Order
Whenever a continuing violation of this ordinance occurs, the City's Representative may
issue a Stop Work Order, with or without notice, specifying the violation and prohibiting
any work or other activity at the site. A failure to comply with a Stop Work Order shall
constitute a violation of this ordinance.
F. Additional Relief
The City may seek legal or equitable relief to enjoin any acts or practices and abate any
conditions, which constitute or will constitute a violation of this ordinance.
Page 8
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ITEM D - 2
CITY OF MEDINA
Development Services
501 Evergreen Point Road, Medina, WA 98039 425.454.9222
www. mead i na-wa.aov
MEMORANDUM
DATE: February 17, 2004
TO: Mayor and City Council
FROM: Joseph Gellings, AICP, Planning Director
RE: School Zoning Issues
RECOMMENDATION: It is recommended that the Council review the attached draft objective
statements, and complete the objective statements in order to forward the issue to the Planning
Commission's March 2 meeting for a public hearing.
POLICY IMPLICATION: The Zoning Code prescribes the allowed land uses in Medina and provides
development standards for each type. The regulations for new schools should adequately address issues
such as safety, traffic, and neighborhood character.
BACKGROUND: The City has recently learned of the Bellevue School District's plans and
schedule for replacing the existing building for Medina Elementary School. The new building will re -use
the current 8.2-acre site and construction is scheduled for the 2005-06 academic year including the
summer terms before and after. The district has stated that attendance is predicted to remain at the
current size of approximately 450 students. The floor area of the building is, however, expected to
increase — from approximately 45,000 square feet to approximately 67,000 square feet.
At their January study session, the City Council reviewed a comprehensive list of ''design priorities" for the
new school prepared by staff. The council then identified seven of these issues as possibly warranting
code changes. The attached matrix contains draft objective statements for some of these issues and
additional information requested by council for the remaining issues. Finalizing the objective statements
will allow the Planning Commission to hold a public hearing and develop recommended code changes at
their March 2 meeting.
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Recent Projects By Bellevue S.D.
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Recent Projects By Bellevue S.D. (con'd')
Somerset Elementary, 14100 Somerset f3k,J. SE, 90 parking stalk
Recent Projects By McGranahan Architects
Mann Horace Elementary. 17001 NE 104111 St,
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Recent Projects By McGranahan Architects
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Redmond Jr. Hhxh, 10055 - i6611' A\e. NE
Redmond senior High school, 17?77 NF. 10411' St.
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ITEM D - 3
of MZ,
CITY OF MEDINA
City Manager's Office
501 Evergreen Point Road, Medina, WA 980,39 425.454.9222
merlin - a.-gov
MEMORANDUM
DATE: February 17, 2004
TO: Mayor and City Council
FROM: Doug Schulze, City Manager
RE: Discussion of City Council Policy Manual
RECOMMENDATION: Discussion Item only. Provide City Manager with input regarding preferred
format for Council protocol manual.
POLICY IMPLICATION: The City Council has not adopted protocols for conduct of members of the
City Council and to guide Council operations. The lack of protocols can occasionally create conflicts
among members of the City Council as well as between the City Manager and members of the City
Council. A protocol manual may not eliminate conflicts and misunderstandings, but should reduce the
probability.
BACKGROUND: Three different proposed policy manuals are attached for City Council
consideration. All three manuals are copied from other cities and were found on either the Municipal
Research Service Center (MRSC) website or International City/County Management Association (ICMA)
website.
Attachment 3a - This document was reviewed by the City Council in 2001. The City Council decided to
use the document as a "guide" rather than adopt it as a policy document. At that time, a few members of
the City Council expressed concerns about the document and agreed to submit written comments to the
City Manager for changes or clarification. Comments were received from one member and most of his
comments were suggested changes that conflicted with RCW or the council-manager form of government.
A few minor changes were made as a result of the comments. This manual includes a significant amount
of detail and information found in other documents (RCW, MMC, Robert's Rules of Order, etc.). The City
of Bothell, Washington authored this protocol manual.
Attachment 3b - This document is from the City of Villa Park, California. The document's focus is on City
Council operations and does not include the detail found in attachment 3a.
Attachment 3c - This document is from the City of Palo Alto, California It is similar to attachment 3b and is
focused on conduct of members of the City Council.
ITEM D — 3a
CITY OF MEDINA
CITY COUNCIL PROTOCOL
MANUAL
MEDINA CITY COUNCIL PROTOCOL MANUAL
TABLE OF CONTENTS:
Forward....................................................................................
5
Oathof Office
............................................................................
6
Organizational Chart..................................................................
7
Chapter 1
Introduction and Overview.'.........'.................................8
1.01
Council — Manager Form of Government
1.02
Association of Washington Cities and Municipal Research &
Services Center of Washington
1.03
Purpose of City Council Protocol Manual
1.04
Overview of Basic City Documents
1.05
Orientation of New Members
Chapter 2
Medina City Council: General Powers & Responsibilities ...... 11
2.01
City Council Generally
2.02
Role of Council Members
2.03
Role of Mayor
2.04
Absence of Mayor and Council Members
2.05
Resignation of Mayor or Mayor Pro-tem
2.06
Emergency Response
2.07
Appointment of Officer
2.08
Advisory Bodies
2.09
Incompatibility of Offices
Chapter 3
Support Provided to City Council. .,
.19
3.01
Staff/Clerical Support
3.02
Office Equipment
3.03
Meeting Rooms
3.04
Mail, Deliveries
Chapter 4
Financial Matters......... a .23
4.01
Council Compensation
4.02
Budget
4.03
Financial Disclosure
4.04
Travel Policy
Chapter 5
Communications. ......... .. ............ ...........
26
5.01
Overview
5.02
Correspondence from Council Members
5.03
Local Ballot Measures
5.04
Proclamations
5.05
State Public Disclosure Act
5.07
Medina Newsletter —"Council Corner"
2
6.U1 Contlicts of Interest
6.02 Liability
Chapter 7
Interaction with City Staff/Officials. ..... .32
7.01
Overview
7.02
Council -Manager Plan of Government
7.03
City Council Non-interference
7.04
City Council/City Manager Relationship
7.05
City Council/City Staff Relationship
7.06
Code of Ethics
7.07
City Council/City Attorney Relationship
7.08
Roles and Information Flow
7.09
Dissemination of Information
7.10
Magnitude of Information Request
7.11
Staff Relationship to Advisory Bodies
7.12
Restrictions on Political Involvement by Staff
7.13
Council Attendance Policy
Chapter 8
City CouncilMeetings........ ........! ....... ........ ............38
8.01
Meeting Schedule
8.02
Public Notice of Meetings and Hearings
8.03
Special Meetings
8.04
Study Sessions
8.05
Placing Items on the Agenda
8.06
Development of the Agenda
8.07
Audio Recording of Meetings
8.08
Alarm System
8.09
Order of Business
8.10
General Procedures
8.11
Open Meeting Law
Chapter 9
Parliamentary Procedure....' ......... ........ ........ ...........48
9.01
Customs of Formality
9.02
Meeting Decorum and Order
9.03
Order of Discussion
9.04
Obtaining the Floor
9.05
Questions to Staff
9.06
Interruptions
9.07
Discussion Limit
9.08
Basic Steps to Conducting Business
9.09
Making a Motion
9.10
Seconding a Motion
9.11
Stating the Question
9.12
Amendment of the Main Motion
9.13
Postponement of Business
9.14
Debate
9.15
Voting Procedures
9.16
Right of Protest
3
9.17 General Rules of Procedure
9.18 Specific Rules of Procedure
9.19 Suggested Forms
9.20 Other Protocol
9.21 Parliamentarian
9.22 Procedures for Small Boards
9.23 Rules of Conduct for TV Camera Crews in Council Chambers
Chapter 10 ` Protocol Administration...............................................,.......62
10.01 Biennial Review
10.02 Adherence to Protocol
10.03 City Attorney as Protocol Advisor
10.04 Adherence to Non-interference Ordinance
10.05 Applicability of Protocol Manual
Chapter 1 l Additional Training '& Resource Materials.., .......!...............64
11.01 Association of Washington Cities
11.02 National League of Cities
11.03 International City/County Management Association
11.04 International Institute of Municipal Clerks
11.05 Government Finance Officers Association
11.06 Municipal Research & Services Center of Washington
11.07 Appendix
11.08 Other Reference Materials on File
Chapter 12 Leaving Office. ,.67
12.01 Return of Materials and Equipment
12.02 Filling Council Vacancies
Appendix. ,6g
ICMA Code of Ethics
Tips for Successful Public Service
Reference Guide to Motions
Reference Locator Guide
Glossary of Terms
Board & Commission Qualification Matrix
Sections 8.1, 8.2, 8.3, and 8.4 of Personnel Policies (this document is not available with
the electronic version of this manual)
RCW 35.18 (this document is not available with the electronic version of this manual)
RCW 35A.13 (this document is not available with the electronic version of this manual)
The Revised Code of Washington may be accessed via the Internet at the following address:
tl" 'r_wvw'e( vv,, yov"ws!adm!r(whtm
121
--FORWARD--
The City Council Protocol Manual is intended to centralize information on
common issues related to local government and your role as a member of the
Medina City Council. Although the Council Protocol Manual is not formally
adopted by the City Council, a majority of the content has been adopted through
the Revised Code of Washington, Washington Administrative Code, or Medina
Municipal Code.
The issues that are addressed in this publication are often complex and
subjective. This manual is intended to be a guide and is not a substitute for the
counsel, guidance, or opinion of the City Attorney.
The manual includes excerpts from the Code of the City of Medina and the
Revised Code of the State of Washington. Unless otherwise noted, the
text of the manual is assumed to be Council policies and procedures in
addition to those established in law. The manual serves as a quick
reference for resolving policy and procedural questions during meetings
and work sessions.
CITY OF MEDINA,
OATH OF OFFICE.
STATE OF WASHINGTON )
)SS
COUNTY OF KING )
I do solemnly swear that I will support the Constitution and laws of the United
States and the State of Washington and ordinances of the City of Medina, and
that I will faithfully and impartially perform the duties of City Council Member of
the City of Medina, to the best of my ability.
Signed:
Term of Office:
Subscribed and sworn to before me this
of 200
Mayor
Attest:
Randy Reed, CIVIC
City Clerk
day
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ca
M
W
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ITEM D — 3a
As a City Council Member, you not only establish important and often critical policies for
the community, you are also a board member of a public corporation having an annual budget
of several million dollars. The scope of services and issues addressed by the city organization
go well beyond those frequently reported in the newspaper or discussed at City Council
meetings.
1.01 Council -Manager Form of Government
The City of Medina is a Council -Manager form of government. As described in the
municipal code and Revised Code of Washington, certain responsibilities are vested in the City
Council and the City Manager. Basically, this form of government prescribes that a City
Council's role is that of a legislative policy -making body which determines not only the local laws
that regulate the community life, but also determines what public policy is and gives direction to
the City Manager to administer the affairs of the city government in a businesslike and prudent
manner.
1.02 Association of Washington Cities and Municipal Research & Services Center of
Washington
The Code City Handbook, Report No. 37, published by the Municipal Research &
Services Center, provides a wealth of general information on the major functions of a Council
Member's job as a locally elected official. Another publication that compliments the handbook is,
Knowing the Territory, Basic Legal Guidelines for Washington Municipal Officials, published by
Municipal Research & Services Center of Washington. This report discusses basic powers;
basic duties, liabilities, and immunities of officers; conflict of interest and appearance of fairness;
prohibited uses of public funds, property, or credit; competitive! bidding requirements; the Open
Public Meeting Act; Open Government -Public Records -Freedom of Information; immunities from
tort liability. These documents are distributed to Council Members with this Manual and should
be reviewed and considered an integral part of procedures utilized within the City.
1.03 Purpose of City Council Protocol Manual
The City of Medina has prepared its own protocol manual to assist the City Council by
documenting accepted practices and clarifying expectations. Administration of City Council
affairs is greatly enhanced by the agreement of the City Council and staff to be bound by these
practices. While attempting not to be overly restrictive, procedures are established so that
expectations and practices can be clearly articulated to guide Council Members in their actions.
1.04 Overview of Basic City Documents
This protocol manual provides a summary of important aspects of City Council activities.
However, it cannot incorporate all material and information necessary for undertaking the
business of the City Council. Many other laws, plans, and documents exist which bind the City
Council to certain courses of action and practices. The following is a summary of some of the
most notable documents, which establish City Council direction.
A. Medina Municipal Code
The municipal code contains local laws and regulations adopted by ordinances. Title 2 of
the code addresses the role of the City Council, describes the organization of City Council
meetings and responsibilities and appointment of certain city staff positions and advisory boards
and commissions. In addition to these administrative matters, the municipal code contains a
variety of laws including, but not limited to, zoning standards, health and safety issues, traffic
regulations, building standards, and revenue and finance issues.
B. Personnel Policies Handbook
It is the policy of the City of Medina to uphold, promote, and demand the highest
standards of ethics from all of its elected and appointed officials. Accordingly, all members of
the City Council, members of all appointed boards, commissions, committees, City employees,
consultants and professional service providers are expected to maintain the utmost standards of
personal integrity, truthfulness, honesty and fairness in carrying out their public duties; avoid
any improprieties in their roles as public servants; and never use their City position or powers
for personal gain. Section 8 of the City of Medina Personnel Policies addresses general rules of
conduct and provides guidelines for City officials to be worthy of the public trust and abide by
their Oath of Office. Copies of Sections 8.1, 8.2, 8.3, and 8.4 are included in the Appendix.
C. Revised Code of Washington
The state laws contain many requirements for the operation of city government and
administration of meetings of city councils throughout the state. Medina is an "optional code
city," which means it operates under the general laws of the state. As an optional code city of
the State of Washington, Medina is vested with all the powers of incorporated cities as set forth
in the Revised Code of Washington (RCW), Constitution of the State of Washington, and
Medina Municipal Code. Conversely, there are a number of cities within Washington that are
"charter cities" and have adopted local provisions that establish basic governing procedures for
local government. There are also 1" 2"d 3`d and 41h Class cities that have variable statutory
authority based on population. (Please see RCW Titles 35 and 35 A in general, and RCW 35.18
and 35 A.13 for more specific information relating to the Council — Manager Plan of government.
D. Annual Budget
The annual budget is the primary tool and road map for accomplishing the goals of the
City. The budget document is the result of one of the most imoortant processes the City
undertakes. By adopting the annual budget, the City Council makes policy decisions, sets
priorities, allocates resources, and provides the framework for government operations.
E. Annual Financial Report
The annual financial report includes the financial statements of the City for a calendar
year. It includes the financial condition of the City as reflected in the balance sheet, the results
of operations as reflected in income statements, an analysis of the uses of City funds, and
related footnotes. The annual financial report includes statements for the various groups of
funds and a consolidated group of statements for the City as a whole.
F. Comprehensive Plan
A state -mandated comprehensive plan addresses the City's long-range planning needs
relative to land use, transportation, economic development, and other planning elements. The
City's comprehensive plan is reviewed on an ongoing basis, but may only be revised once a
year, except as provided by State law.
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G. Six -year Capital Improvement Program
The Six -year Capital Improvement Program serves as a guide for determining priorities,
planning, financing, and constructing capital projects which add to, support, or improve the
physical infrastructure, capital assets, or productive capacity of city services.
H. Comprehensive Emergency Management Program
The City maintains a Comprehensive Emergency Management Plan that outlines actions
to be taken during times of extreme emergency. The Mayor is called upon to declare the
emergency, and then the Police Chief directs all disaster response activities. The City Council
may be called upon during an emergency to establish policies related to a specific incident.
1.05 Orientation of New Members
It is important for the members of the City Council to gain an understanding of the full
range of services and programs provided by the City. As new members join the City Council, the
City Manager and City Clerk will host an orientation program, which will provide an opportunity
for members to tour municipal facilities and meet with key staff. Another training opportunity for
new members is the Workshop for Newly Elected Officials, "Welcome to City Hall..." presented
by the Association of Washington Cities. At any time, if there are facilities or programs about
which you would like more information, arrangements will be made to increase your awareness
of these operations.
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Chapter 2
Medina City Council: General Powers and Responsibilities
2.01 City Council Generally
Fundamentally, the powers of the City Council are utilized for the good of the community
and its residents; to provide for the health, safety and general welfare of the citizenry. The City
Council is the policy making and law making body of the City. State law and local ordinances
grant the powers and responsibilities of the Council.
It is important to note that the Council acts as a body. No member has any extraordinary
powers beyond those of other members. While the Mayor has some additional ceremonial and
presiding officer responsibilities as described below, when it comes to establishing policies,
voting, and in other significant areas, all members are equal. It is also important to note that
policy is established by at least a majority vote of the Council. While individual members may
disagree with decisions of the majority, a decision of the majority does bind the Council to a
course of action. Council Members should respect adopted Council policy. In turn, it is staff's
responsibility to ensure the policy of the Council is upheld.
Actions of staff to pursue the policy direction established by a majority of Council do not
reflect any bias against Council Members who held a minority opinion on an issue.
A. Council Non -Participation in Administration
In order to uphold the integrity of the council — manager form of government, and to
provide proper checks and balances, members of the City Council refrain from becoming
directly involved in the administrative affairs of the City. As the Council is the policy making body
and the maker of local laws, its involvement in enforcement of ordinances would only damage
the credibility of the system. RCW 35A.13.120 specifically prohibits interference by Council
Members in the city's administrative service, including the hiring, firing, and work of city staff,
with the exception of the City Manager.
Except for the purpose of inquiry, the Council and its members will deal with the
administrative service solely through the City Manager or designee, and neither the Council nor
any committee or member of a committee shall give orders to any subordinate of the City
Manager. Subject to RCW 42.30.110 and holding the executive sessions to discuss and review
personnel matters, the Council is not prohibited, while in open session, from fully and freely
discussing with the City Manager anything pertaining to appointments and removals of City
officers and employees and City affairs.
2.02 Role of Council Members
Members of the Medina City Council are collectively responsible for establishing policy,
adopting an annual budget, and providing vision and goals to the City Manager. The following
outline is a brief description of the various duties of Council Members. The description is not
intended to be comprehensive, but rather it is an effort to summarize the primary responsibilities
of the Council.
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A. Summary of Council Duties and Responsibilities as Provided in, but not Limited to, the
Washington Administrative Code and Revised Code of Washington
1. Establish Policy
a. Adopt goals and objectives
b. Establish priorities for public services
c. Approve/amend the operating and capital budgets
d. Approve contracts over $10,000
e. Adopt resolutions
2. Enact Local Laws
a. Adopt ordinances
3. Supervise Appointed Officials
a. Appoint City Manager
b. Evaluate performance of City Manager
c. Establish advisory boards and commissions
d. Make/confirm appointments to advisory bodies
e. Provide direction to advisory bodies
4. Provide Public Leadership
a. Relate wishes of constituents to promote representative governance
b. Mediate conflicting interests while building a consensus
c. Call special elections as necessary
d. Communicate the City's vision and goals to constituents
e. Represent the City's interest at regional, county, state, and federal levels
5. Decision -Making
a. Study problems
b. Review alternatives
c. Determine best course of public policy
2.03 Role of Mayor
A. Presiding Officer
The Mayor serves as the presiding officer and acts as chair at all meetings of the City
Council. The Mayor may participate in all deliberations of the Council in the same manner as
any other members and is expected to vote in all proceedings unless a conflict of interest
exists. The Mayor has no veto power. The Mayor may not move an action, but may second a
motion.
B. Ceremonial Representative
Responsibility to act as the City Council's ceremonial representative at public events and
functions has been assigned to the Mayor. The Mayor is vested with the authority to initiate and
execute proclamations. In the Mayor's absence, the Deputy Mayor assumes this responsibility.
Should both the Mayor and Deputy Mayor be absent, the Mayor will appoint another Council
Member to assume this responsibility.
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2.04 Absence of Mayor and Council Members
In the absence of the Mayor, the Deputy Mayor shall perform the duties of the Mayor.
When both the Mayor and Deputy Mayor are absent, the Council may choose from among its
members a person to serve as acting mayor, who shall, for the term of such absence, have the
powers of the Mayor.
If the Mayor or other Council Members are absent from the City for more than 15 days,
they shall notify the other Council Members and the City Manager of such absence.
2.05 Resignation of Mayor or Deputy Mayor
If the Mayor or Deputy Mayor resign, the City Council will appoint a new Mayor or
Deputy Mayor.
2.06 Declaration of Emergency
The Mayor shall sign the declaration of emergency.
2.07 Appointment of Officer
The City Council is responsible for appointing one position within the city organization —
the City Manager. The City Manager serves at the pleasure of the Council. The City Manager is
responsible for all personnel within the city organization, including the City Attorney, Hearing
Examiner, Municipal Court Judge, Municipal Prosecutor, and Public Defender. The City
Manager's appointment of the Municipal Court Judge is subject to confirmation by the City
Council.
2.08 Advisory Bodies
A. Appointments Made by the Mayor and Confirmed by Council
Boards, commissions and citizen committees provide a great deal of assistance to the
Medina City Council when formulating public policy and transforming policy decisions into
action. The City has several standing boards and commissions. In addition, special purpose
committees and task forces are often appointed by the Mayor and City Council to address
issues of interest or to conduct background work on technical or politically sensitive issues.
Special or ad hoc committees will be dissolved upon completion of the intended task.
The procedures established in this manual reflect the policy of the City Council regarding
the appointment of volunteer citizens to the various advisory bodies of the City. The
establishment of these procedures ensures that well -qualified, responsible, and willing citizens
are given the opportunity to serve the City and participate in the governing of their community.
The City Council is specifically empowered to create all advisory boards and
commissions pursuant to the provisions of Chapter 35A (Optional Municipal Code), or such
advisory boards or commissions not specifically enumerated, as the Council deems necessary
or advisable. In the exercise of this power, it is the desire of the City Council to establish a
consistent policy in its decision -making role to fairly and equitably evaluate those citizens of the
community who demonstrate desire to serve on such boards or commissions.
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For full -term vacancies, the following filing period is established: first Wednesday
of January through last week of February. The City Clerk will:
a. Publicly announce the position vacancy and filing period by publication of
same in the official newspaper of the City of Medina.
b. Post notices of the position vacancy and filing period in the three public
places established in Section 8.02(B) of this manual.
C. Notify by mail all residents of the community not currently a member of an
advisory board or commission who have indicated interest in serving on a
City board or commission.
d. Notify by mail the Chairpersons of advisory boards and commissions of
the vacancy.
e. Notify by mail the incumbents of advisory boards and commissions whose
terms are expiring of such term expiration and inviting incumbent to
consider reapplying.
2. For partial -term vacancies, a minimum 30-day filing period applies, with dates to
be determined by the City Clerk. Partial -term vacancies will be filled as outlined
in Section 2.08(A)(la-d), above.
B. Qualifications, Terms of Service, Forms
Persons wishing to be considered for appointment or reappointment will submit to the
City Clerk's Office an application on a form provided by that office. The Mayor will review
applications and make appointments subject to confirmation by the City Council.
Inasmuch as the qualifications and terms of service for each advisory body set forth in
the Medina Municipal Code may differ from each other, a membership and qualification matrix is
appended to this document for Council reference. It is the policy of the City Council for each
applicant to be evaluated on an objective basis, utilizing the following criteria:
Residency - Residency requirements for advisory boards and commissions are
noted in applicable sections of the Medina Municipal Code, and summarized on
the Membership and Qualification Matrix appended hereto.
2. Sectional Composition - Normally, consideration should be given toward
maintaining an equitable balance of community representation on all boards and
commissions.
Multiple members from the same family or household will not be appointed to a
single board or commission, in order to avoid the reality or appearance of
improper influence or favor.
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3. Occupation - A broad mix of occupational backgrounds on all boards and
commissions will be attempted as appointments are considered.
4. Knowledge of Municipal and Planning Process_- When ranking equally qualified
applicants, consideration shall be given to background experience and
knowledge of the municipal process as appropriate to the position, in reaching a
decision.
5. Contributive Potential — Consideration will be cliven to the potential contribution
that each applicant may make if appointed to a board or commission. Criteria to
guide this evaluation may include:
a. Ability to communicate
b. Desire to perform public service
C. Ability to express ideas, concepts, or philosophies
d. Desire to participate in decision -making process
6. Leadership Potential - Since each appointee may be called upon to serve as a
Chair, consideration will be given to the applicant's leadership abilities, such as:
a. Past or present leadership experience (cu-rent employment, special
interests, etc.)
b. Past or present participation in community services
c. Expressed interest in a leadership role
7. No person shall be appointed to serve as a member of more than one board or
commission at the same time; however, persons serving on a board or
commission who have requested appointment to another board or commission
position may be appointed to such position if they, concurrent with the
appointment, resign from the board or commission position they are holding at
the time of the new appointment.
C. Reappointment Criteria
At such time as reappointment is considered, the following performance criteria shall
serve as a guide:
1. Regularity of Attendance
2. Understanding of board or commission function Demonstrated leadership
3. Effectiveness
4. Demonstrated contribution during past term of office on issues, programs,
policies, etc., of the advisory board or commission
5. Objectivity
D. Mayor and Council Action
1. Interview Period - It shall be the privilege of the Mayor to personally
interview each applicant individually, at a time and place to be designated by the
Mayor.
However, the Mayor reserves the right to make appointments after reviewing
applications and without conducting interviews.
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2. Council Evaluation - After the Mayor has evaluated each applicant or member,
the Mayor will deliberate and reach a decision at his or her earliest convenience.
The City Council will be given copies of all applications as well as the Mayor's
decisions for all appointments. The City Council will be given at least ten (10)
days to review the applicants and Mayor's appointments prior to the meeting, at
which, the Council will be asked to confirm the appointments.
3. Decision & Announcement - Each applicant will be notified by mail of the
decision after Council confirmation has been made. The City Clerk will also notify
the Chair of the affected board or commission of its decision.
E. Resignations
In the interest of timely noticing of vacancies, and to minimize the impact of such
vacancies on boards and commissions, the City Council delegates to the Mayor the authority to
accept resignations. Following the Mayor's acceptance of the resignation, the City Clerk is
authorized to advertise such vacancies according to the process set forth in Section 2.07(A).
F. Representation by Council Members
Council Members are often requested to serve on outside boards, councils,
commissions, or committees. This type of representation serves to facilitate communication and
provide interaction with other governmental bodies. The City Council appoints members to
some of these groups on an as -needed or as -requested basis..
Council Members participating in policy discussions at regional meetings will represent
the consensus of the Council, except where regional appointment requires regional opinion.
Personal positions, when given, will be identified and not represented as the position of the City.
Assignment and direction of staff in relation to regional meetings are at the discretion of the City
Manager.
G. Rules of Conduct
By accepting appointment to any City board or commission, members thereby agree to
conduct themselves in accordance with the following rules of conduct.
1. All members of City boards and commissions will abide by all applicable state
laws, City ordinances, and other doctrines relating to the conduct of board or
commission members, including, but not limited to, the Appearance of Fairness
Doctrine, conflict of interest statutes, and the State Open Public Meetings Act.
2. Members of City boards and commissions will riot testify in their capacity as a
board or commission member, before any other board, commission,
administrative officer or agency of the federal government, the State of
Washington, or of any county or other municipal corporation, including cities and
towns, except as hereinafter provided. Exceptions to the policy set forth above
shall be as follows:
a. If the member is testifying in such a capacity pursuant to a lawfully
issued subpoena; or
b. In the event the board or commission has designated the member
or members to act as a spokesperson for the board or commission to
explain the majority vote and recommendation of that board or
commission: or
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C. In the event the City Council appoints the member or members to
represent the City before another tribunal.
3. Notwithstanding the foregoing, nothing contained herein is intended to preclude a
board or commission member from speaking as an individual citizen, so long as
the following conditions are met:
a. The individual clearly identifies that he/she is speaking only as an
individual citizen and is not in any manner representing or speaking on
behalf of the board or commission of which he/she is a member; and
b. No board or commission member testifies orally or in writing as to any
quasi-judicial matter being heard, or having the possibility of being heard,
by the board or commission of which the person is a member.
H. Council Members' Role and Relationship with City Advisory Bodies
In accordance with the provisions of state law, Council Members shall not be
appointed to City advisory bodies concurrent with their term of office as Council
Member.
2. Unless specifically authorized by majority vote of a quorum of the Council, no
Council Member shall be authorized to state or testify to the policy or position of
the Council before any advisory board or commission of the City.
3. Limitations on the conduct of Council Members before the City's advisory
boards and commissions should be voluntarily undertaken in order to assure
public confidence in the decision -making process and avoid the appearance of
bias, prejudice, or improper influence. Toward this purpose, the following protocol
should be observed:
a. Council Members shall not testify in quasi-judicial matters pending
before any advisory board or commission that will receive, or could
potentially receive, future appeal or review before the City Council.
Violation of this protocol may require the: Council Member to refrain from
participating in any appeal or review proceedings before the City Council.
b. Council Members, in their capacity as private citizens, should refrain from
providing testimony in legislative or administrative matters pending before
any advisory board that will receive, or could potentially receive, future
review or other action before the Council. Where a Council Member
elects to provide such testimony, the following rules shall apply:
(i) The Council Member shall declare at the outset and upon the
record that the Council Member is present in his or her private
capacity as an interested citizen, and not on behalf or at the
request of the City Council.
(ii) The Council Member shall refrain from stating or implying that the
Council Member's position or opinion is that of the City Council.
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(iii) The Council Member shall refrain from directing City staff or the
advisory body to take any action on behalf of the Council Member.
(iv) The Council Member shall observe any rules of procedure or
protocol that apply to any other private citizen testifying before the
advisory board.
2.09 Incompatibility of Offices
There is no single statutory provision governing dual office -holding. Statutory law is
usually silent on that question except where the legislature has deemed it best either to prohibit
or permit particular offices to be held by the same person regardless of whether they may or
may not be compatible under common law principles. Chapters 35.24 and 35A.12 RCW
expressly permit the offices of clerk and treasurer to be combined in certain cases. However,
RCW 35A.12.030 and 35A.13.020 prohibit a mayor or Council Member in a code city from
holding any other public office or employment within Medina's government "except as permitted
under the provisions of Chapter 42.23 RCW." A statute expressly permits Council Members to
hold the position of volunteer fire fighter (but not chief or other officer). RCW 35A.13.060
expressly authorizes a city manager to serve two or more cities in that capacity at the same
time, but also provides that a city council may require the city manager to devote his or her full
time to the affairs of that code city.
For additional information or clarification, please refer to Knowing the Territory, Basic
Legal Guidelines for Washington Municipal Officials, published by the Municipal Research &
Services Center.
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3.01 Staff/Clerical Support
Staff and administrative support to members of the City Council is provided through the
City Manager's Office. Secretarial services, including scheduling of appointments, receipt of
telephone messages, and word processing, are available as needed. Sensitivity to the workload
of support staff members in the City Manager's Office is appreciated. Please note that
individuals may have work assignments with high priority.
3.02 Office Equipment
To enhance Council Members' service to the community and their ability to communicate
with staff and the public, the City provides meeting facilities and office equipment for City
business. For those members of Council who do not have or do not wish to use personally
owned computers for City business, the City will provide computers and the necessary software
with Internet and e-mail capabilities. City staff will provide initial installation of external modems
and communications software. Staff will also provide training in the use of computers and
related software. While staff will maintain those computer applications related to City affairs,
staff cannot provide assistance for personal computer applications.
It is important to note that all letters, memoranda, and interactive computer
communication (e-mail) involving City Council Members and members of advisory boards and
commissions, the subject of which relates to the conduct of government or the performance of
any governmental function, with few exceptions stated by the Public Disclosure Act (RCW
42.17), are public records.
When individual Council Members have completed 1:heir term of office, City staff will
retrieve City computers, software, and modems.
A. Business Use and Limited Personal Use
The City's electronic equipment and information systems are intended for professional
business use in performing the duties of a Council Member. Limited personal use may be
permitted, according to the following guiding principles:
1. It is incidental, occasional and of short duration;
2. It does not result in incremental expense to the City. Examples of "incremental
expense" include, but are not limited to
a) if the City were paying for an hourly "dial -up" connection to the internet,
and a Council Member's personal use incurred additional charges;
b) long-distance telephone, cellular phone or fax charges;
3. It does not solicit for or promote commercial ventures, religious or political
causes, outside organizations or other solicitations not directly related to the
duties of a Council Member;
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4. It does not violate the other "prohibited uses" or other specific limitations
outlined in this policy.
B. Prohibited Uses
The creation, transmission, downloading or storage of any document, data or message
which reasonably can be construed as relating to or promoting the following, are prohibited:
Discrimination or harassment on the basis of ace, race, color, gender, creed,
marital status, national origin, disability or sexual orientation;
2. An expression regarding personal political or re igious beliefs;
3. An expression of rumors or gossip about any individual or group of individuals;
4. Any business or non-profit organization as defined by the IRS;
5. Any language and subject matter that is objectionable, offensive, obscene,
threatening or otherwise inappropriate as described in the City's Sexual
Harassment Policy, 8.3;
6. Any communication to solicit for or promote commercial ventures, religious or
political causes, outside organizations or other non -job related solicitations;
7. Any information that violates copyright laws;
8. Copying any City -licensed computer software for personal use is prohibited;
9. See also specific prohibitions relating to individual types of system use, below.
C. Internet Use.' Browsing, List-Servs, Newsgroups, etc.
It is the policy of the City to maximize the cost-effective use of its computer
systems as a means to improve efficiency and productivity. All Council Members
are responsible for using the Internet resources in an effective, ethical and lawful
manner, and in accordance with this policy.
2. Limited personal use may only consist of browser capability and may not include
ListServs, Newsgroups, Chat Rooms or other capabilities.
3. No purchases shall be made on behalf of the Council Member or the City via the
Internet.
4. Using City equipment or City Internet connection to violate the integrity of another
system (hacking) is prohibited.
D. System Security
Acquisition of computer equipment. All acquisitions of information systems
components will be coordinated through the City Manager's Office. This includes
demonstration hardware and software used for evaluation purposes as well as
products acquired for ongoing use.
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2. Conscientious care. All Council Members are responsible to care for the personal
computer system components that they are assigned or using. Employees are
responsible for promptly reporting any equipment, software and data damage
and/or destruction of which they become aware. Any damage caused by
personal use, including repair costs, will be the responsibility of the Council
Member.
3. Downloading/installing software (including upgrades and screensavers). The City
computer system is designed to work in a network environment. Installation of
unauthorized software can result in damaging the integrity of the system. Council
Members are responsible for obtaining the approval of the City Manager before
downloading or installing software on any City -owned computer.
4. Downloading files from the Internet. Council Members are individually and
directly responsible for checking files for viruses using the latest version of the
recommended virus -checking program. Downloading or uploading files is
restricted to City business.
5. Unauthorized access. Council Members are prohibited from using 'loopholes" or
knowledge of a special password to damage computer systems, obtain extra
resources, or to gain access to systems for which proper authorization has not
been given. Council Members are responsible for keeping their password
confidential and not sharing it with other users.
6. Use of aliases. Use of aliases while using the Internet or internal e-mail is
prohibited. Anonymous messages and anonymous newsgroup postings are
prohibited.
7. Unlicensed or copied software is prohibited on any City computer. No Council
Member may use unlicensed or copied software on any City computer. In
addition to the disciplinary penalties provided for in Section 10.02, the City shall
seek reimbursement from any Council Member who installs, downloads, uses or
authorizes the use of any unlicensed or copied software on any City computer, of
any fines, costs or other expenses incurred by the City resulting from such use.
E. Computer Printers, Photocopy Machines
1. Computers & Printers. Council Members may use City computers for personal
use if said use meets the criteria outlined in Subsection 3.02(A) above and does
not violate Subsection 3.02(B) of this policy; said Council Members will reimburse
the City at the rate of 25 cents per page for use of City printers.
2. Photocopy Machines. Council Members may use City photocopy machines for
personal use by paying a photocopy charge of 25 cents per page.
3. Other equipment. Except as provided in this policy, Council Members will not use
City equipment for personal use. Except as provided herein, in no event shall a
Council Member take City property to his or her home.
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F. Monitoring, Enforcement and Penalties
All hardware, software, programs, applications templates, data and data files
residing on City information systems or storage media, whether City business or
personal, are the property of the City of Medina. The City retains the right to
access, copy and change, alter, modify, destroy, delete or erase this property
without prior notice to Council Members.
2. The City retains the right to monitor and audit the use of e-mail and Internet use.
The right to use these technologies does not include the right to privacy.
3. Deleted documents, messages and data may be retrieved from a variety of
points in the network. Council Members should assume that electronic evidence
discovery might recover deleted or unsaved data.
4. Council Members' use of a personal Internet account on City equipment, and
Council Members' use of a City Internet account on personal equipment, are to
be arranged through the City Manager, and are subject to the provisions of this
policy.
Said Council Members should be aware that their personal e-mail and electronic
files could be monitored by the City, and could be reviewed as part of a Public
Records request.
5. Each Council Member is required to read and :sign this policy. In addition to any
other penalty, fine or cost reimbursement required by any provision of this policy,
violation of this policy may result in discipline including, but not limited to, the
provisions set forth in Section 10.02.
3.03 Meeting Rooms
Council Members may utilize the office space provided in the Council Chambers. Use of
the conference room located at City Hall may be scheduled with the City Clerk's Office.
3.04 Mail, Deliveries
Members of the City Council receive a large volume of mail and other materials that are
delivered primarily through the use of mailboxes located at the entrance to the City Clerk's
Office. Individual mailboxes are maintained for each Council Member by the City Manager's
staff. Council Members are encouraged to check mailboxes often. Council mail will be delivered
to members' home on a weekly basis, unless the member notifies City staff to hold mail for
specific periods of time. In addition, City staff will fax or personally deliver materials that are
time -sensitive to a member's home or office, if appropriate.
Correspondence addressed to one Council Member will be copied for all Council Members.
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Chapter 4
Financial Matters
4.01 Council Compensation
The municipal code does not provide for payment to members of the City Council. A
seated City Council may not increase or decrease its own compensation. Councils may only
pass an ordinance to adjust the compensation of an incoming City Council (Constitutional Article
2, Section 25 and Article 30, Section 1).
4.02 Budget
The annual City budget includes appropriations for expenses necessary for members to
undertake official City business. Funding provided includes membership in professional
organizations, attendance at conferences or educational seminars, purchase of publications and
office supplies. Reference is made to the attached City Manager's budget instructions.
4.03 Financial Disclosure
Candidates for the office of Council Member shall file a financial disclosure statement
with the State Public Disclosure Commission within two weeks of filing a nomination paper.
When appointed to fill a vacancy on the Council, the appointee shall file a financial disclosure
statement with the Commission, covering the preceding 12-month period, within two weeks of
being so appointed. Council Members are required to file a financial disclosure statement with
the Commission on an annual basis after January 1 and before April 15 of each year covering
the previous calendar year. Council Members whose terms expire on December 31 shall file the
statement for the year that ended on that December 31. Statements filed in any of the above
cases will be available for public inspection.
Failure to file or filing a false or incomplete financial disclosure statement, if done
knowingly, is a Class 1 Misdemeanor. There are also civil penalties for violations.
4.04 Travel Policy
Members of the City Council, City boards and commissions are subject to the following
travel policy:
A. Travel Involving an Overnight Stay
All reasonable transportation expenses for approved travel (as defined in the
following paragraphs) will be reimbursed. Any travel involving an overnight stay
should have the prior approval of the City Manager.
Elected and appointed officials should endeavor to attend training and
conferences in the state whenever possible, if such training or conference is of
comparable value to that offered out of state.
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B. Pre -authorization of Travel Involving an Overnight Stay
Anyone traveling on City business on a trip that involves an overnight stay shall
submit a travel authorization form to the Finance Department. The travel
authorization form will include a complete estimate of the costs of the trip,
including conference registration, transportation, lodging, meals, vehicle rentals,
and incidentals. The travel authorization form will also include the purpose of the
trip, the dates of travel, and other pertinent details.
The completed travel authorization form, including the appropriate authorizing
signatures, must be submitted to the Finance Department before departure. The
City Manager will authorize travel expenses within the legislative budget
approved by the Council. The City Manager will authorize:
a. Overnight travel by elected or appointed officials
b. Use of a rental vehicle by elected or appointed officials
C. Out-of-state travel by elected or appointed officials
d. Any interpretations to the policies stated herein
C. Reimbursement of Travel Expenses
A fully itemized claim for expense reimbursement, along with any unexpended
portion of the advance, must be submitted to the Finance Department within 15
days of the close of the authorized travel period for which expenses have been
advanced. Any amounts not accounted for within the 15-day period shall bear
interest at the rate of 10 percent per annum from the date of default until paid
(RCW 42.24.150).
1. Transportation Costs - Reimbursement costs for transportation will be at the
cost of the most reasonable means of transport. For example, airline costs will be
reimbursed at a coach rate. If an elected or appointed official chooses to fly first
class, the City will reimburse only at the coach rate and the official must pay for
the difference. Efforts should be made to book air travel at least two weeks or
more in advance to take advantage of lower rakes. Frequent flyer miles earned
accrue to the individual and not the City, but should not be the criteria for
selecting a flight if lower -cost alternatives are available.
2. Hotel/Motel Accommodations — Actual and necessary hotel/motel
accommodations will be reimbursed or paid in advance, limited to the maximum
single -room rate of the specific hotel or motel. A vendor's receipt is required for
all accommodations. In the event the receipt includes non -reimbursable
expenses, the claimant shall be responsible for such expenses. Government or
discount rates should be obtained wherever possible.
3. Individual Meals - Same Day Travel - Reasonable costs of necessary meals
while conducting City business are reimbursable, to the following maximum
amounts, including tip:
Breakfast - $ 10.00 Lunch - $20.00 Dinner - $30.00
*These amounts are reviewed annually by the Finance Officer and may be adjusted from time to
time by resolution of the City Council. For travel to high -expense areas, i.e., Washington, DC,
meals may be reimbursed at a higher rate than the amounts listed above, subject to prior
approval of the City Manager.
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(a) Receipts must accompany all reimbursement claims.
(b) The cost of meals for official functions ;political or professional
organizations - usually include speaker and/or room rental) will be paid at
full actual cost, even if the cost exceeds the rates above.
(c) Tips are allowable up to 15% and should be considered as a part of the
maximum allowable amount.
(d) Reimbursement will not be paid for alcoholic beverages.
(e) Reimbursement will not be paid for expenses for spouses, guests,
non -employees, or other persons not authorized to receive
reimbursement under this policy or State regulations.
(f) Reimbursement may be claimed by one person for several employees or
officials eating together, as long as all tie names are listed on the
reimbursement claim.
4. Per Diem for Out -of -Town Overnight Meals. When traveling out of town
overnight, officials will receive a per diem allowance for meals rather than
submitting a request for individual meal reimbursements. The daily per diem
rates for meals shall be sixty dollars, tip included. If meals are provided as part of
the registration fee, no per diem will be paid for those meals. Officials can claim
the daily per diem rates only for those meals they pay for directly.
5. Incidental Expenses - Reasonable costs for parking, taxis, buses, rental cars
(if necessary), etc., will be paid if itemized on the claim form and accompanied by
a receipt. Use of rental cars must have prior approval via the travel authorization
form. The cost of long distance telephone calls to the City for City business will
be reimbursed, and one telephone call home per day of reasonable length (i.e.,
15 minutes) will be reimbursed.
6. Personal Vehicles - Mileage for the pre -approved use of personal vehicles will
be reimbursed at the IRS allowable mileage rate. City officials using their
personal vehicle from home to a destination different from their usual work site
are reimbursed for miles driven in excess of their usual commute to and from
work. The IRS rate will be published by the Finance Officer by memo at the
beginning of each calendar year. All officials using their personal vehicles for City
business must file proof of liability insurance with the Finance Officer.
7. Reporting of Actual Expenses - All actual eligible expenses should be reported
on an expense reimbursement request form to be filled out by the official within
15 days after completion of travel. Receipts must be attached for all expenses
claimed. Expense reimbursement requests should be signed by the same party
originally approving the travel and filed with the Finance Department for
processing.
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Chapter
Communications
5.01 Overview
Perhaps the most fundamental role of a Council Member is communication
• Communication with the public to assess community opinions and needs, and to
share the vision and goals of the City with constituents;
• Communication with staff to provide policy direction and to gain an understanding
of the implications of various policy alternatives.
Because the City Council performs as a body (that is, acting based on the will of the
majority as opposed to individuals), it is important that general guidelines be understood when
speaking for the Council. Equally important, when members are expressing personal views and
not those of the Council, the public should be so advised.
5.02 Correspondence from Council Members
Members of the City Council will often be called upon to write letters to citizens,
businesses, or other public agencies. Typically, the Mayor will be charged with transmitting the
City's position on policy matters to outside agencies on behalf of the City Council. Individual
members of Council will often prepare letters for constituents in response to inquiries, or to
provide requested information. City letterhead is available for this purpose, and staff can assist
in the preparation of such correspondence.
On occasion, members may wish to correspond on an issue on which the Council has
yet to take a position, or about an issue for which the Council has no position. In these
circumstances, members should clearly indicate that they are not speaking for the City Council
as a whole, but for themselves as one member of Council. City letterhead and office support
may be utilized in these circumstances.
Council Members may occasionally be asked to prepare letters of recommendation for
students or others seeking employment or appointment. It is appropriate for Council Members to
utilize City letterhead and their Council titles for such letters.
City letterhead and staff support cannot be utilized for personal or political purposes,.
5.03 Local Ballot Measures
At times, initiatives may be placed on the ballots that affect City Council policy. There
are restrictions regarding what actions the City may take on ballot measures. Specifically, state
statutes prohibit the City from using its personnel, equipment, materials, buildings, or other
resources to influence the outcome of elections. What the City can do is distribute informational
reports or pamphlets for the purpose of informing the public of t-re facts of an issue.
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5.04 Proclamations
Proclamations are issued by the Mayor as a ceremonial commemoration of an event or
issue (i.e., National Night Out). Proclamations are not statements of policy, and do not require
the approval or action of the Council. Proclamations are a manner in which the City can make
special recognition of an individual, event, or issue.
5.05 State Public Disclosure Act
To ensure that business communications submitted to and by elected and appointed
officials comply with the State Public Disclosure Act, RCW 42.17, and the State Open Meetings
Act, RCW 42.30, the following is set forth:
A. Communications - Generally
All letters, memoranda, and interactive computer communication involving City
Council Members and members of advisory boards and commissions, the
subject of which relates to the conduct of government or the performance of any
governmental function, with few exceptions as stated by the Public Disclosure
Act, are public records. Copies of such letters, memoranda, and interactive
computer communication may not be provided to the public or news media
without the filing of a public disclosure request with the City Clerk.
B. Written Communications
Written letters and memoranda received by the City, addressed to a Council
Member or the Council as a body, will be photocopied and provided to all City
Council Members, and a copy kept according to the City's Records Retention
Schedule.
C. Electronic Communications
1. Informal messages with no retention value and that do not relate to the
functional responsibility of the recipient or sender as a public official, such
as meeting notices, reminders, telephone messages and informal notes,
do not constitute a public record. Users should delete these messages
once their administrative purpose is served.
2. All other messages that relate to the functional responsibility of the
recipient or sender as a public official constitute a public record. Such
records are subject to public inspection and copying; users may either
print a copy of the record and file it with the City Clerk for keeping
according to the City's Records Retention Schedule, or forward such
e-mail messages to readerfile a ci,._m_edina.wa.us from which the City Clerk
will print and file it according to the City's Records Retention Schedule.
3. E-mail communications intended to be shared among four or more
Council Members, whether concurrently or serially, must be considered in
light of the Open Public Meetings Act. If the intended purpose of the
e-mail is to have a discussion that should be held at an open meeting, the
electronic discussion should not occur.
4. E-mail should be used cautiously when seeking legal advice or to discuss
matters of pending litigation or other "confidential" City business. In
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general, e-mail is discoverable in litigation, and even deleted e-mail is not
necessarily removed from the system.
Confidential e-mail communications should not be shared with individuals
other than the intended recipients, or the attorney -client privilege
protecting the document from disclosure may be waived.
5. E-mail between Council Members and between Council Members and
staff shall not be transmitted to the public or news media without the filing
of a public disclosure request with the City Clerk.
6. E-mail will not be used for personal use, since Council Members'
conventional e-mail addresses include the City's "return address."
5.06 Medina Newsletter - "Council Corner"
Beginning with the June 2002 issue of the City's official newsletter, Medina Newsletter,
each edition will contain an article called the "Council Corner." This is an opportunity for Council
Members to write articles on topics of interest to them and the Medina community. The
procedure for the scheduling, writing, and submittal of articles is set forth below:
The Mayor may write the inaugural article; Council Members may write
subsequent articles in order of their Council position number.
2. In election years, however, incumbent Council Members whose seats are up for
election will not be scheduled during the months of July - December, so there is
no perception that public funds are being used for election purposes.
3. Articles consist of approximately 350 - 360 words, and are submitted to the
newsletter editor according to the following schedule:
March Due February 1 September Due August 1
June Due May 1 December Due November 1
4. While the City Manager retains review and edit authority on Medina Newsletter
articles, he or she will not edit Council Members' columns; however, staff will
review articles for punctuation, spelling, etc.
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6.01 Conflicts of Interest
The conflict of interest law is one of the most complicated laws on the books. It is
intended to ensure citizens that the judgment of public officers and employees is not
compromised or affected by inappropriate conflicts. Violation is a criminal offense. To keep
standards of conduct uniform throughout the State, no local government may regulate conflict of
interest more strictly than the Revised Code of Washington. In basic interpretation, the law
requires all Council members to:
• Disclose financial interests each year.
• Refrain from contracting for business with the local government.
• Abstain from voting on items of personal interest that apply solely to the Council member
or that prevent impartial voting.
• Not engage in unethical conduct, such as accepting anything of value or disclosing
confidential information.
To understand its effect on a Council Member's actions, it is suggested that members
discuss the law and potential conflicts with a private attorney, the City Attorney and the State
Attorney General's office. As a member of a local governing body, Council members are entitled
by statute to obtain a formal opinion from the State Attorney General. A Council member cannot
be prosecuted for violating the Act if the Council member acts based on a written opinion of the
State Attorney General (assuming full disclosure of all the relevant facts). It is imperative that
Council Members identify in advance what their conflicts are.
It is illegal to fail to declare a conflict of interest, or to participate or otherwise be involved
in discussions on issues or contracts where such an interest exists. Violations of the conflict of
interest law may result in significant penalties, including criminal prosecution.
In circumstances where only a "remote interest" (see below) exists, after disclosure of
the interest to other Council Members and in the meeting minutes, the Council may approve the
contract to which a Council Member has a remote interest, absent participation in the voting by
the Council Member with the remote interest, but only if the Council Member refrains from any
attempt to influence other members to approve the contract.
A. Applicability
All City officers, elected and appointed, are subject to the conflict of interest law in RCW
42.23. This includes Council Members.
B. Definition
Remote Interests are so minor that they do not constitute illegal conflicts of interest.
Remote interest exists when a City official is:
• A non -salaried officer or member of a nonprofit corporation doing business or
requesting money from the City. Therefore, being such an officer or member would
not constitute a conflict.
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• The landlord or tenant of a contracting party. For instance, a Council Member may
lease office space to a party, which has a private interest in a public matter without it
resulting in a conflict of interest.
• The owner of less than 1 percent of the shares of a corporation or a cooperative
doing business with the City.
• Being reimbursed only for actual and necessary expenses incurred in performance of
official duties.
C. Acts not Constituting a Conflict of Interest
• Receiving municipal services on the same terms and conditions as if not a City
official. Thus, when a Council Member who owns a business within the City votes for
or against an increase in the business license fees, a conflict would not exist
because this action would apply to all businesses in the corporate limits
• An officer or employee of another political subdiv sion or public agency unless it is
the same governmental entity being served who is voting on a contract or decision
which would not confer a direct economic benefit or detriment upon the officer.
Therefore, a Council Member who is a school teacher may vote to enter into an
intergovernmental agreement with the school district, unless such agreement would
confer some direct economic benefit, such as a salary increase, upon the Council
Member
• A member of a trade, business, occupation, profession, or class of persons and has
no greater interest than the other members of that trade, business, occupation, or
class of persons. A class must consist of at least ten members to qualify the interest
as remote.
A City official may sell equipment, material, supplies, or services to the City if this is
done through an award or contract let after public competitive bidding. An exception to this law
permits the City Council to approve a policy on an annual basis to allow the City to purchase
supplies, materials, and equipment from a member of the Council without going to public
competitive bid as long as the single transaction does not exceed $300 and the annual total of
such transactions does not exceed $1,000.
D. Declaration of a Conflict
When a substantial interest exists, the City official must:
1. Refrain from voting or in any way influencing a decision of the City Council; and
2. Declare that a conflict of interest exists and make it known in the official records of the
City.
Should a situation arise wherein a majority of Council Members or a majority of a
quorum of those present at a Council meeting have a substantial conflict of interest, state law
provides that if the conflict of interest statutes prevent the City Council from acting as required
by law in its official capacity, such action shall be allowed if the members of the Council with the
apparent conflicts of interest make them known.
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E. City Attorney Opinions
A Council Member's request for an opinion from the City Attorney concerning conflict of
interest is confidential. However, formal final opinions are a matter of public record and must be
filed with the City Clerk. This filing requirement does not apply to verbal communications
between Council Members and the City Attorney.
Council Members may seek advice from a private attorney, at their own expense,
concerning potential conflicts. In such cases, no disclosure policy would apply.
E. Filing of Disclosures
The City Clerk maintains a special file for all disclosures and legal opinions of conflicts of
interest.
F. Prohibited Acts (RCW 42. 23.070)
• No municipal officer may use his or her position to secure special privileges or exemptions
for himself, herself, or others.
• No municipal officer may, directly or indirectly, give or receive or agree to receive any
compensation, gift, reward, or gratuity from a source except the employing municipality, for a
matter connected with or related to the officer's services as such an officer unless otherwise
provided for by law.
• No municipal officer may accept employment or engage in business or professional activity
that the officer might reasonably expect would require or induce him or her by reason of his
or her official position to disclose confidential information acquired by reason of his or her
official position.
• No municipal officer may disclose confidential information gained by reason of the officer's
position, nor may the officer otherwise use such information for his or her personal gain or
benefit.
6.02 Liability
The City must always approach its responsibilities in a manner that reduces risk to all
involved. Nevertheless, with such a wide variety of high profile services (i.e., police, parks,
roads, land use), risk cannot be eliminated. To better manage insurance and risk, the City
participates in risk- and loss -control activities.
It is important to note that violations of certain laws and regulations by individual
members of the City Council may result in the member be'ng personally liable for damages
which would not be covered by the City's insurance. Examples may include discrimination,
harassment. or fraud.
Chapter 2.76 of the Medina Municipal Code addresses indemnification of employees
and officers.
Elected and appointed officials will participate in risk management training to reduce
liability due to actions taken, especially in the areas of land use.
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7.01 Overview
City Council policy is implemented through dedicated and professional staff. Therefore, it
is critical that the relationship between Council and staff be well understood by all parties so
policies and programs may be implemented successfully. To support effective relationships, it is
important that roles are clearly recognized.
7.02 Council -Manager Plan of Government
Medina has a Council -Manager plan of government. Basically, with this structure, the
City Council's role is to establish city policies and priorities. The Council appoints a City
Manager to implement those policies and undertake the administration of the organization.
The City Manager is appointed by the City Council to enforce its laws, to direct the daily
operations of city government, to prepare and monitor the principal budget, and to implement
the policies and programs initiated by the City Council. The City Manager is responsible to the
City Council, rather than to individual Council Members, and directs and coordinates the various
departments. The City Manager is responsible for appointing all department directors and
authorizing all other personnel positions. The City Council authorizes positions through the
budget process; based upon that authorization, the City Manager makes the appointments. The
City Manager appoints members to the Civil Service Commission.
The Council -Manager plan of government is outlined in RCW 35A.13. The powers and
duties of the City Manager include:
• General supervision over the administrative affairs of the city
• Appoint and remove at any time all department directors and employees
• Attend all meetings of the Council at which the manager's attendance may be required by
that body
• See that all laws and ordinances are faithfully executed, subject to the authority which the
Council may grant the Mayor to maintain law and order in times of emergency
• Recommend for adoption by the Council such measures as the manager may deem
necessary or expedient
• Prepare and submit to the Council such reports as may be required by that body, or as
deemed advisable to submit
• Keep the Council fully advised of the financial condition of the City and its future needs
• Prepare and submit to the Council a proposed budget for the fiscal year, and to be
responsible for its administration upon adoption
• Perform such other duties as the Council may determine by ordinance or resolution
• Implements and administers City Council policy
7.03 City Council Non-interference
The City Council is to work through the City Manager when dealing with administrative
services of the City.
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In no manner, either directly or indirectly, shall a Council Member become involved in, or
attempt to influence, personnel matters that are under the direction of the City Manager. Nor
shall the City Council be involved in, or influence, the purchase of any supplies beyond the
requirements of the City procurement code/procedures.
Except for the purpose of inquiry, the Council and its members will deal with the
administrative service solely through the City Manager or designee, and neither the Council nor
any committee or member of a committee shall give orders to any subordinate of the City
Manager. Subject to RCW 42.30.110 and the holding of executive sessions to discuss and
review personnel matters, the Council is not prohibited, while in open session, from fully and
freely discussing with the City Manager anything pertaining to appointments and removals of
City officers and employees and City affairs.
7.04 City Council/City Manager Relationship
The employment relationship between the City Council and City Manager honors the fact
that the City Manager is the chief executive of the City. All dealings with the City Manager,
whether in public or private, should respect the authority of the City Manager in administrative
matters. Disagreements should be expressed in policy terms, rather than in terms that question
satisfaction with or support of the City Manager.
The City Manager respects and is sensitive to the policy responsibilities of the City
Council and acknowledges that the final responsibility for establishing the policy direction of the
City is held by the City Council.
A. Performance Evaluation
The City Council is to evaluate the City Manager on an annual basis to ensure that both
the City Council and City Manager are in agreement about performance and goals based upon
mutual trust and common objectives. The City Manager's performance is evaluated in the
following areas: leadership, teamwork, job knowledge, attitude, accountability, empowerment,
communication, problem -solving skills, quality of service, safety/risk-taking, implementation and
administration of adopted Council policy.
7.05 City Council/City Staff Relationship
City Council Member contact with City staff members, inclusive of the City Manager, will
be during regular business hours, except in the case of an emergency.
7.06 Code of Ethics
The City Manager is subject to a professional code of ethics as a member of the
International City/County Management Association (ICMA). These principles appear in the
Appendix of this manual. It should be noted that this code binds the City Manager to certain
practices, which are designed to ensure actions are in support of the City's best interests.
Violations of such principles can result in censure by ICMA. This code is posted in the City
Manager's office area.
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7.07 City Council/City Attorney Relationship
Pursuant to recommendation of the City Manager, the City Council shall make provision
for obtaining legal counsel for the City, either by appointment of a City Attorney on a full-time or
part-time basis, or by any reasonable contractual arrangement for such professional services.
The City Attorney is a contract employee appointed by the City Manager; such contract is
confirmed by the City Council. The City Attorney is the legal advisor for the Council, its
committees, commissions and boards, the City Manager, and all City officers and employees
with respect to any legal question involving an official duty or any legal matter pertaining to the
affairs of the City. The general legal responsibilities of the City Attorney are to:
1. provide legal assistance necessary for formulation and implementation of
legislative policies and projects;
2. represent the City's interest, as determined by the City Council, in litigation,
administrative hearings, negotiations, and similar proceedings;
3. prepare or approve as to form ordinances, resolutions, contracts, and other legal
documents to best reflect and implement the purposes and intentions of the City
Council; and
4. keep City Council and staff apprised of court rulings and legislation affecting the
legal interest of the city.
It is important to note that the City Attorney does not represent individual members of
Council, but rather the City Council as a whole.
7.08 Roles and Information Flow
A. Council Roles
The full City Council retains the authority to accept, reject, or amend the staff
recommendation on policy matters
Members of the City Council must avoid intrusion into those areas that are the
responsibility of staff. Individual Council Members may not intervene in staff decision -making,
the development of staff recommendations, scheduling of work, and executing department
priorities without the prior knowledge and approval of the City Council as a whole. This is
necessary to protect staff from undue influence and pressure from individual Council Members,
and to allow staff to execute priorities given by management and the Council as a whole without
fear of reprisal. If a Council Member wishes to influence the actions, decisions,
recommendations, workloads, work schedule, or priorities of staff, that member must prevail
upon the Council to do so as a matter of Council policy.
While it is inappropriate for any Council member to instruct a City employee, it is entirely
appropriate to inquire since information is the basis for understanding and action. Information
that would be difficult or time consuming to produce, however, or that relates to a current or
future agenda item should be formally requested of the City Manager, preferably during a City
Council meeting, rather than requested of an individual staff member. Work assignments and
policy directions should come from the elected body as a whole and not from individual
members.
VJA
B. Access to Information
The City Manager is the information liaison between Council and City staff. Requests for
information from Council Members are to be directed to the City Manager and will be responded
to promptly. The information requested will be copied to all members of Council so that each
member may be equally informed. The sharing of information with City Council is one of the City
Manager's highest priorities.
There are limited restrictions when information cannot be provided. The City is legally
bound not to release certain confidential personnel information. Likewise, certain aspects of
police department affairs (i.e., access to restricted or confidential information related to crimes)
may not be available to members of the City Council.
C. Staff Roles
The Council recognizes the primary functions of staff as executing Council policy and
actions taken by the Council and in keeping the Council informed. Staff is obligated to take
guidance and direction only from the City Manager or Department Director. This direction
follows the policy guidance of the City Council as a whole. Staff is directed to reject any
attempts of individual Council Members to unduly direct or otherwise pressure them into
making, changing, or otherwise influencing recommendations.
City staff will make every effort to respond in a timely and professional manner to all
requests for information or assistance made by individual Council Members; provided that, in
the judgment of the City Manager, the request is not of a magnitude, either in terms of workload
or policy, which would require that it would be more appropriately assigned to staff through the
direction of the full City Council.
7.09 Dissemination of Information
In addition to regular, comprehensive memoranda written by the City Manager directly to
City Council concerning all aspects of City operations (exclusive of confidential personnel
issues), all Council Members receive copies of all correspondence received by the City
Manager that will assist in them in their policy -making role. The City Manager also provides
other documents to Council on a regular basis, such as status reports, executive summaries,
and weekly activity reports.
A variety of methods are used to share information with Council. Workshops and study
sessions are held to provide detailed presentations of matters. Council/staff retreats serve to
focus on topics and enhance information exchange. The City Manager's open-door policy allows
individual Council Members to meet with the Manager on an impromptu or one-on-one basis.
7.10 Magnitude of Information Request
Any information, service -related needs, or policy positions perceived as necessary by
individual Council Members that cannot be fulfilled based upon the above guidelines should be
considered as an item for the agenda of a City Council meeting. If so directed by action of the
Council, staff will proceed to complete the work within a Council -established timeline.
To avoid confusion and conflicting priorities, certain guidelines for Council/staff
relationships must be followed. Council members initiatives generally fall into one of four
categories:
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1) Requests for information readily available.
2) Follow-up for a constituent relative to a municipal problem or question.
3) Requests for information not readily available and requiring considerable staff
time and research effort.
4) Initiation of a new priority or program.
Normally, items 1 and 2 can be handled directly between the City Council member and
the City staff. Items 3 and 4 should be channeled through the City Manager. In the past,
understanding and common sense have guided Council/staff relationships and difficulties have
seldom developed.
If a Council member is less than satisfied with the channels of communication, he or she
should approach the City Manager who will work to improve the flow of information to and from
key staff members.
Emergencies and significant events shall be communicated to the Council members as
expeditiously as possible. In the event of an emergencies or a significant activity, the City staff
member involved shall immediately contact his/her Department Head. The Department Head
will contact the City Manager, as soon as time permits, based on the circumstances. The City
Manager will be responsible for contacting Council members as soon as time permits, based on
the circumstances.
In all cases, initiation of appropriate actions to protect life:, safety and property shall take
precedence over communications.
Examples of events considered to fall within this category are:
Any event attracting media interest.
Any accident or injury of an elected official, City employee, or immediate family member
of an elected official or employee.
7.11 Staff Relationship to Advisory Bodies
Staff support and assistance may be provided to advisory boards, commissions, and
task forces. Advisory bodies, however, do not have supervisory authority over City employees.
While staff may work closely with advisory bodies, staff mernbers remain responsible to their
immediate supervisors and, ultimately, the City Manager. The members of the commissions,
boards, or committees are responsible for the functions of the advisory body. The chairperson is
responsible for committee compliance with the municipal code and/or committee bylaws. Staff
members are to assist the advisory body chair to ensure appropriate compliance with state and
local laws and regulations.
Staff support includes: (1) preparation of a summary agenda after approval by the
chairperson; (2) preparation of reports providing a brief background of the issues, a list of
alternatives, recommendations, and appropriate backup materials, if necessary; and (3)
preparation of minutes of advisory body meetings. Advisory body members should have
sufficient information to reach decisions based upon a clear explanation of the issues.
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Advisory bodies wishing to communicate recommendations to the City Council shall do
so through adopted Council agenda procedures as outlined in Section 8.05(C) of this manual. In
addition, when an advisory body wishes to correspond with an outside agency, correspondence
shall be reviewed and approved by the City Council.
7.12 Restrictions on Political Involvement by Staff
Medina is a nonpartisan local government. Professional staff formulates
recommendations in compliance with Council policy for the good of the community, not
influenced by political factors. For this reason, it is very important to understand the restrictions
of political involvement of staff.
By working for the City, staff members do not surrender rights to be involved in political
activities. Employees may privately express their personal opinions. They may register to vote,
sign nominating or recall petitions, and they may vote in any election.
7.13 Council Attendance Policy
RCW 35A.13.020 (Council -Manager Plan of Government) directs us to RCW 35A.12.060
(Mayor -Council Plan of Government) - Vacancy for Nonattendance. A council position shall
become vacant if the Council Member fails to attend three consecutive regular meetings of the
council without being excused by the council.
At the start of each City Council meeting, the Mayor or City Clerk, or designee, will call
the roll. Any absent Council Member who has called the Mayor or City Manager's Office prior to
5:00 p.m. on the day of the meeting to advise of such absence will be deemed excused.
37
The City Council's collective policy and law -making powers are put into action at the
council meetings. It is here that the Council conducts its business. The opportunity for citizens to
be heard, the availability of local officials to the citizenry, and the openness of council meetings
all lend themselves to the essential democratic nature of local government.
8.01 Meeting Schedule
Regular meetings are held the second Mondays of each month at 7:00 p.m., in the
Council Chambers, 501 Evergreen Point Road, Medina, as provided in MMC 2.04. The fourth
Monday is intended to be reserved as a study session. Should these days happen to be
designated as a legal holiday, the Council meeting will be held the next business day. Study
sessions are held on the fourth Monday of each month, beginning at 7:00 p.m. Audience
participation is allowed during the course of any study session, if permitted by the consent of a
majority of the council present, and no final action shall be taken on any matter at any study
session.
8.02 Public Notice of Meetings and Hearings
Pursuant to RCW 35.22.288, cities are charged with establishing a procedure for
notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council
meeting. The procedure followed by the City of Medina is as follows:
A. Notices
Except where a specific means of notifying the public of a public hearing is otherwise
provided by law or ordinance, notice of upcoming public hearings before the City Council or the
City's Boards and Commissions shall be given by one publication of a notice containing the
time, place, date, subject, and body before whom the hearing is to be held, in the City's official
newspaper at least ten (10) days before the date set for the hearing.
B. Preliminary Agenda of Council Meeting
The public shall be notified of the preliminary agenda for the forthcoming regular City
Council meeting by posting a copy of the agenda in the following three public places in the City
at least 24 hours in advance of the meeting:
Medina City Hall
501 Evergreen Point Road
Medina, WA 98039
Medina Post Office
816 Evergreen Point Road
Medina, WA 98039
City Notice Board
Vicinity of 3400 Evergreen Pt Road
Medina, WA 98039
C. Duties of City Clerk
The City Clerk is directed to publish notices and post agendas as required by Section
8.02 of the Medina City Council Protocol Manual.
38
RCW 42.30.080 addresses the subject of special meetings. For special meetings, only
those items specifically listed on the agenda may be discussed, considered, or decided.
The City Clerk is responsible for posting the notice of public meeting at least 24 hours in
advance of the meeting. Posting locations include the Medina Post Office, the City Notice
Board, and the Public Notice Board at the entrance to Medina City Hall.
The City Clerk will also notify the public, by way of a Potential Quorum Notice, of any
social function (i.e., receptions, dinners) where a quorum of the Council may be in attendance.
8.03 Special Meetings
Special meetings may be called by either the Mayor or Deputy Mayor, or by the written
request of any three Council Members. Notice of a special meeting will be made by the City
Clerk by delivering personally, by mail, or by facsimile, written notice to each member of the
Council, the Official City newspaper, 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 at least 24 hours before the time of such 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.
The notices provided in this section may be dispensed with in the event a special
meeting is called to deal with an emergency involving injury or damage to persons or property or
the likelihood of such injury or damage, when time requirements of such notice would make
notice impractical, and increase the likelihood of such injury or damage.
At all regular and special meetings, public comments are invited during a public hearing
as well as before or during consideration of any item on the agenda. Public comment is
appropriate on any matter within the jurisdiction of the City Council.
8.04 Study Sessions
The City Council may meet informally in a study session. The study session is the forum
used by Council to review forthcoming programs of the City, to receive progress reports on
current issues, or to receive similar information from the City Manager and others. All
discussions and conclusions held during a workshop are of an informal nature. No final action is
taken while in a study session.
8.05 Placing Items on the Agenda
A. Agenda Planning Committee
All matters to be presented to the City Council at its regular meetings are reviewed by
the Agenda Planning Committee. The Executive Management Team and City Clerk comprise
the Agenda Planning Committee.
The City Manager and Mayor will review the agenda prior to the regular meeting.
B. City Council
A Council Member may request an item be considered on a future agenda either by
making an oral request at a City Council meeting or submitting the request in writing to the City
Clerk or City Manager at least ten working days prior to the meeting for which the item is
39
requested to be placed on the agenda. The item shall be presented to the Agenda Planning
Committee to schedule the item.
The City Council will review the City Council Agenda Calendar at all regular meetings
and agree to change the City Council Agenda Calendar if a majority chooses to do so.
C. Advisory Bodies and Civic Organizations
Advisory bodies of the City Council may submit items for Council by submitting a request
in writing to the City Clerk or City Manager at least 15 working days prior to the meeting for
which the item is requested to be placed on the agenda.
D. Members of the Public
A member of the public may request an item be placed on a future agenda while
addressing the City Council during a regular meeting and/or by submitting the request in writing
to the City Council, through the City Clerk's office. In order to allow sufficient time for Council to
review, and staff to research the matter, the request should be submitted at least 30 working
days prior to the meeting for which the item is requested to be placed on the agenda. Once the
issue has been placed on the agenda, the City Clerk will notify the requester so that he or she
may plan to attend the meeting.
E. Emergency Items
Emergency items may be added to an agenda in accordance with state law. Emergency
items are only those matters immediately affecting the public; health, safety and welfare of the
community, such as widespread civil disorder, disasters, and other severe emergencies. The
reason(s) for adding an emergency item to the agenda shall be announced publicly at the
meeting, and the issue shall be included in the minutes of the meeting.
8.06 Development of the Agenda
Staff is required to submit an agenda bill or study session memorandum form for each
topic of discussion on the City Council agenda. The deadline for submitting these forms is noon,
on Tuesdays prior to the date of the meeting for which the item is scheduled. The forms must
include supporting documentation, including any information requested by Council at the
previous Council meeting. It is the responsibility of the submitting department to obtain City
Attorney review and approval of the agenda bill and/or study session memorandum prior to
submittal to the City Clerk. The City Clerk will prepare the draft City Council agenda and submit
it to the City Manager for his or her approval on Tuesday at 3:00 p.m. After the City Manager
has approved the final agenda, the City Clerk will copy all materials by 12:00 noon on
Wednesday before the meeting for pick-up or delivery that same day. The following chart
illustrates this schedule:
.11
Mon
Tues
Wed
Thur Fri
First Monday
3:00 p.m.
10:00 a.m.
of the Month
Deadline for
City Manager
Draft Agenda
Approval of
12:00 noon
Submittal to
Agenda Bills
Deadline for
City Manager
Agenda Item
Final Agenda
Submittal for
Prepared
2d Monday
meeting of
4:30 p.m. packets for
current month
25d Monday meeting of
(includes City
current month ready for delivery
Attorney approval
Second Monday
of the Month
9:30 a.m.
7:00 p.m.
Staff Meeting/
Regular Meeting
Agenda Planning
Meeting
i
i
i
Third Monday
3:00 p.m.
10:00 a.m.
of the Month
Deadline for
City Manager
Draft agenda
Approval of
12:00 noon
Submittal to
Study Session
Deadline for
City Manager
Memoranda
Agenda Item
Submittal for
Final Agenda
2Id Monday
Prepared
meeting of
current month
4:30 p.m. packets for
(includes City
41h Monday meeting of
Attorney approval)
current month ready for delivery
Fourth Monday
of the Month
9:30 a.m.
6:00 p.m.
Staff Meeting/
Study Session
Agenda Planning
Meeting
41
Given the rigorous time frame for agenda development, it is extremely difficult for staff to
compile or prepare information requested at a Monday nigh? meeting in time for the following
Monday agenda bill/study session memoranda deadline. This gives staff only four full days to
obtain and prepare the information requested.
The Council will receive follow-up information at the second Council meeting following
the date it is requested. This would allow staff sufficient time to prepare reports that require
additional investigative research and/or additional time due to complexity of subject matter.
8.07 Audio Recording of Meetings
The City Clerk, or designee, shall make and keep tape recordings of all meetings of the
Medina City Council, except those meetings or portions of meetings conducted in Executive
Session. Recordings and related records of all City Council meetings, except as referenced
above, shall be retained by the City for six years, in accordance with the State of Washington,
Office of the Secretary of State, Division of Archives and Records Management, Local
Government Retention Schedule dated September 1997, Disposition Authority Number: GS50-
05B.
8.08 Alarm System
There currently is no emergency alarm system in the Council Chambers.
8.09 Order of Business
The City Council, by adoption of this manual, establishes the general order of meetings.
This section summarizes each meeting component. The Council may, at any time, by simple
majority of those present vote to consider items in a different order.
A. Call to Order
The Mayor, or in the Mayor's absence the Deputy Mayor, presides over all meetings of
the City Council, and after determining that a quorum is present, calls the meeting to order. In
the absence of the Mayor or Deputy Mayor, the City Manager shall call the Council to order,
whereupon a temporary Mayor Pro-tem shall be elected by the members of the Council present.
B. Roll Call
The Mayor or City Clerk, or designee, takes roll and announces the presence or
absence of individual Council Members.
C. Announcements
The City Council may receive awards or special recognition's from various
agencies, committees, or individuals during this segment of the meeting. Chairpersons or other
representatives of various municipal committees or agencies may be asked to report to the
Council concerning the activities for which they are responsible. For discussion to occur on
these reports, they must be listed with some specificity on the agenda.
Council may also take the opportunity to acknowledge outstanding achievements or
present awards to employees, groups, or other individuals. Pursuant to Section 2.03(B) of this
manual, the Mayor is vested with the authority to initiate and execute proclamations.
REA
D. Consent agenda
Those matters of business that require action by the Council which are considered to be
of a routine and non -controversial nature are placed on the consent agenda. The individual
items on the consent agenda shall be approved, adopted, or enacted by one motion of the
Council. Examples of such items include:
• Approval of all Council minutes;
• Acceptance of advisory board and commission minutes;
• Treasurer's Report;
• Approval of vouchers;
• Final approval of leases and agreements;
• Final acceptance of grants, deeds, or easements;
• Setting dates for public hearings/meetings;
• Acknowledging receipt of claims for damages against the City;
• Passage of resolutions and/or ordinances, which the Council has given directions to place
on the consent agenda;
• Final acceptance of public works construction projects as complete.
No discussion shall take place regarding any item on the consent agenda beyond asking
questions for simple clarification.
Unless a member of the Council requests a reading of the minutes of a Council meeting,
such minutes may be approved without reading, if the Clerk has previously furnished each
member with a copy thereof.
Prior to approving the items on the consent agenda, Council Members may request to
withdraw any item and take action separately on that item. Council will consider each withdrawn
item during the course of the meeting after the amended consent agenda has been approved.
E. Audience Participation
During this portion of the meeting, the Mayor will invite citizens to talk with the Council about
topics, which are not scheduled for public testimony on the evening's agenda.
F. Public Hearings (on items other than ordinances and resolutions)
Public meetings, public hearings, open record reviews, and closed record reviews shall
be held at 7:00 p.m. or later, unless otherwise noticed in accordance with law.
Individuals desiring to speak during a public hearing are to address the Council from the
speaker podium after giving their name and address. Comments are limited to the specific
matter for which the public hearing is held. Written comments are encouraged during the public
hearings. When materials are presented during public hearings, they should be submitted to the
City Clerk before the public hearing is closed on the item. Unless the presiding officer grants an
extension of time. comments are limited to three minutes.
After a public hearing is closed, no member of the public shall be permitted to address
the Council or the staff. In fairness to members of the public, the City Council shall be
considered to be in deliberations from that point forward. Continuance of the item shall place it
on the "old business" portion of any forthcoming agenda. Additional public testimony either that
evening or at a future meeting would be precluded until public hearing notification procedures
required by the Medina Municipal Code are concluded.
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G. Reports of standing committees
The Chairperson or designee of the Finance Committee, Personnel Committee and
Organizational Committee may take this opportunity to share current activities on the
committees on which they serve. The Chairperson of the Planning Commission and Park Board
may also take this opportunity to share current activities of the Planning Commission and Park
Board.
H. Reports of special committees
The Chairperson or designee of ad hoc or special committees appointed by the Council
may take this opportunity to share current activities on committees on which they serve.
1. Reports of officers
Members of the Council, the City Manager and Department Managers may take this
opportunity to make comments, extend compliments, express concerns, or make
announcements concerning any topic they wish to share with staff or the public.
During this portion of the agenda, Council Members will share current activities on regional,
state, and federal committees, boards, or commissions on which they serve.
J. Ordinances & Resolutions
Ordinances, resolutions, and other matters or subjects requiring action by the Council
must be introduced by a member of the Council, except that the City Manager, City Attorney, or
department directors may present ordinances, resolutions, and other matters or subject to the
Council, and any Council Member may assume sponsorship thereof by moving that such
ordinances, resolutions, matters, or subjects be adopted; otherwise, they shall not be
considered. No ordinance shall be brought before the Council at a Regular City Council meeting
prior to discussion and review at a Council Study Session, unless unique circumstances exist or
emergency action is necessary.
Prior Administrative Review
All ordinances and resolutions shall, before presentation to the Council, have been
approved as to form and legality by the City Attorney or the City Attorney's authorized
representative, and shall have been first referred for review to the head of the department under
whose jurisdiction the administration of the subject matter of the ordinance or resolution would
devolve, and shall further have been presented to the City Manager or authorized
representative for review.
Ordinance Preparation
The City Attorney shall review all ordinances. The City Attorney shall prepare no
ordinance unless ordered by a majority vote of the Council or requested by the City Manager.
Ordinance Passage
(i) No ordinance shall contain more than one subject that shall be fully and clearly
expressed in its title. Ordinances shall be presented to each member of the City Council
and the City Manager in written form prior to any vote thereon; provided, however, that
revisions and amendments may be made by voice at such meeting.
(ii) Ordinances which have not been placed on the consent agenda, and which meet the
requirements of subsection (i) of this section may be passed by having only the title read
aloud and without having the full ordinance read aloud unless a motion approved by a
majority of the Council Members present requests that the ordinance be read aloud in
full.
K. Discussion
Items and topics which have been previously brought before the Council, but which do
not fit into any of the other categories listed in Section 8.09 of this manual, shall be placed under
Discussion.
L. New Business
Items or topics that are new to the Council shall be scheduled for consideration under
this section of the agenda.
M. Executive Session
At the call of the presiding officer, or with a majority vote, the City Council may recess to
Executive Session to privately discuss and consider matters of confidential concern to the well
being of the City. The purposes for which an Executive Session may be held are identified in
RCW 42.30.110:
• Discussion with legal counsel of pending or potential litigation
• Personnel Matters
• Property Acquisition/Disposition
• Matters affecting National Security
• Performance review of publicly bid contracts
• Complaints or charges brought against a public officer or employee
• Qualification/performance review of job applicants and employees
• Evaluate qualifications of candidates for appointment to an elective office
The City Council may also hold an Executive Session to receive confidential advice from
the City Attorney under the attorney -client privilege.
Before convening in Executive Session, the presiding officer shall publicly announce the
purpose for excluding the public from the meeting place, and the time when the Executive
Session will be concluded. An Executive Session may be extended to a stated later time by
announcement of the presiding officer.
N. Addressing the Council -- Generally
Written Communications. All persons may address the Council by written
communication, including e-mail. Such written communication pertaining to items subject to
public hearing procedures will be made a part of the public record.
Oral Communications. All persons may address the Council verbally, either:
a) During the Visitor's portion of the Agenda for items not on the Agenda,
b) During public hearings, following staff (and applicant, if applicable)
comments;
c) During items on the agenda that are not public hearings, etc., following staff
comments at the discretion of the Council.
IN
Addressing the Council -- Manner-- Limits. Each person addressing the Council will give
his or her name and address in an audible tone of voice for the record, and, unless the Council
grants further time, shall limit the address to five minutes. All remarks will be addressed to the
Council as a body and not to any member thereof. No person other than the Council and the
person having the floor will be permitted to enter into any discussion, either directly or through a
member of the Council, without the permission of the Mayor.
O. Addressing the Council -- After a Motion is made
After the Council makes a motion, no person will address the Council without first
securing the permission of the Mayor or presiding officer to do so.
P. Adjournment
A Council Member may propose to close the meeting entirely by moving to adjourn. The
meeting will close upon the majority vote of the Council. A motion to adjourn will always be in
order and decided without debate. All Council meetings will conclude no later than 11:00 p.m.,
unless this provision is waived by a majority of the Council. Consideration of the agenda matter
then on the floor will be continued beyond 11:00 p.m. by majority vote of the Council. In the
event the remaining agenda cannot be concluded at any meeting by 11:00 p.m., the meeting will
be recessed to a definite time and place, and notice of such continued meeting will be given as
provided by statute.
8.10 General Procedures
A. Seating Arrangement of the Council
While the Deputy Mayor is customarily seated immediately next to the Mayor, he or she
may choose to sit anywhere at the dais. The Mayor shall establish other seating arrangements
for regular council meetings.
B. Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances, resolutions, and other
documents which have been adopted by the City Council and require an official signature;
except when the City Manager has been authorized by Council action to sign documents. In the
event the Mayor is unavailable, the Deputy Mayor may sign such documents.
C. Quorum
Four members of the Council shall constitute a quorum and are necessary for the
transaction of City business. In the absence of a quorum, the Mayor shall, at the request of any
two members present, compel the attendance of absent members.
D. Minutes
The City Clerk or designee shall take minutes at all meetings of the City Council. The
minutes shall be made available for public inspection.
Unless a member of the Council requests a reading of the minutes of a Council meeting,
such minutes may be approved without reading, if the Clerk has previously furnished each
member with a copy thereof.
E. How Many Votes are Required for Passage?
For all ordinances, resolutions, and motions, except for the following, a simple majority
of the Council members present (assuming a quorum) is sufficient for passage:
46
The passage of any ordinance, grant or revocation of a franchise or license, and any
resolution for the payment of money, requires an affirmative vote of at least a majority of the
whole membership of the Council.
Public emergency ordinances, necessary for the protection of public health, public
safety, public property, or public peace, may take effect immediately upon final passage
(instead of after a five-day delay), if passed by a majority plus one of the whole membership of
the Council.
Passage of an ordinance for an emergency expenditure requires a vote of more than a
majority of all members of the Council.
8.11 Open Meeting Law
A. Applicability
The open meeting law applies to the City Council, all quasi-judicial bodies, and all
standing, special or advisory boards, commissions, committees or subcommittees of, or
appointed by, the City Council.
B. Meetings
All meetings of the Council shall be open to the public, except in the special instances as
provided in RCW 42.30.110, as hereafter amended. A meeting takes place when a quorum (a
majority of the total number of Council Members currently seated on the Council) is present and
information concerning City business is received, discussed, and/or acted upon. The label
applied to a public meeting does not affect compliance with the law. Whether the meeting is
referred to as regular or special, workshop or study session, the notice, agenda and minute -
taking requirements must be met. The only exception to the public meeting requirement is an
executive session, which was discussed in Section 8.09(0).
C. ADA Requirements
The City of Medina strives to provide accessible meetings for people with disabilities.
Assisted -listening devices are available for use in the Council Chambers. If these or other
accommodations are required, please contact the City Clerk's Office at (425) 454-9222 at least
three days prior to the meeting.
D. Actions
No legal action can be taken by the Council, except in a public meeting. At a Special
Meeting, action can be taken only on those items appearing on the posted agenda, except for
emergency items as defined in Section 8.05(E). At a Regular Meeting of the City Council, the
Council is free to take action on non -agenda items, subject to applicable notice requirements in
state statutes or local ordinances for the subject matter being considered.
E. Correspondence
All writings distributed for discussion or consideration at a public meeting are public
records, with the exception of written materials protected by the attorney/client privilege. The
content of documents protected by the attorney -client privilege must not be cited or quoted in
order to protect the privilege.
47
Robert's Rules of Order is the classic statement of present day parliamentary procedure.
Familiarity with and use of Robert's Rules provides the means whereby the affairs of the Council
can be controlled by the general will of the members. Council meetings can proceed in a
controlled and predictable manner, allowing the business of the citizens of Medina to be
handled in a direct, constructive and democratic manner. The following rules of conduct are
adapted from the pages of Henry M. Robert's time-honored book and merit the Council's special
attention.
By approval of the Council Protocol Manual, the City Council has adopted a modified
version of Robert's Rules of Order. The abridged rules of order that will be entertained by the
Medina City Council can be found in the Appendix.
9.01 Customs of Formality
The presentation and disposition of motions at a City Council meeting involves
significant interaction between the presiding officer and the members of the Council. Therefore,
members should understand the customs of formality that are followed by the presiding officer
and members in conformance with parliamentary procedure.
A. Customs Observed by Members
The regular presiding officer of the Council is addressed as "Mayor " or Mr.
(or Madam) Mayor." Even at meetings where no citizens are present, the presiding officer is
called by the individual's proper title and is never addressed or referred to by his or her first
name or the personal pronoun "you".
As a general rule, the presiding, officer is addressed as "the chair" when additional
reference is required. For example, "Mr. Mayor, do I understand the chair to state..." The
presiding officer's place or station in the chambers is also called "the chair." Therefore, the term
"the chair" applies to both the presiding officer and to that person's station in the council
chambers.
Members address only the chair, or address each other through the chair, and generally
refer to each other by title. For example, "Mr. Mayor, may I ask Councilwoman A to explain..."
B. Customs Observed by the Presiding Officer
The presiding officer refers to himself or herself as the chair and never uses the
personal pronoun "I." For example, "The chair rules that..." The presiding officer also does not
address an individual member as "you," but refers to members by their proper title.
9.02 Meeting Decorum and Order
The presiding officer shall preserve decorum and decide all questions of order, subject
to appeal by the Council. During Council meetings, Council members shall preserve order and
decorum and shall not delay or interrupt the proceedings or refuse to obey the orders of the
chair or the rules of protocol.
IN
Any Council Member may request the presiding officer to enforce the rules of protocol.
Upon motion and majority vote, the presiding officer shall be required to do so. Any person
making personal, impertinent, or slanderous remarks, or who becomes boisterous while
addressing the Council shall be forthwith, by the Mayor, barred from further audience before the
Council.
9.03 Order of Discussion
The presiding officer should follow the prepared agenda as much as possible. However,
for those occasions when deviations are necessary or convenient, the presiding officer will
clearly announce that the Council has decided to rearrange the agenda. When changing the
order of discussion, it must be done so as not to prevent or deny any member of the public the
opportunity to listen to the discussion of any agenda item.
9.04 Obtaining the Floor
A Council Member shall address the presiding officer and gain recognition prior to
making a motion or engaging in debate. The presiding officer will recognize Council Members
by their last name, such as "Council Member Jones." Council Members will address each other
as Council Member, followed by last name, such as "Council Member Jones." Cross -exchange
between Council Members and the public should be avoided. This is to prevent general
conversation and to keep the order necessary to maintain decorum and accomplish the
business of the Council.
After a member has concluded comments and yielded the floor, if two or more members
are trying to obtain the floor at the same time, the general rule is that the person who addresses
the chair first is entitled to be recognized. When a motion is open to debate, however, there are
three instances in which the presiding officer should assign the floor to a person who may not
have been the first to address the chair. These are:
1. The Council Member who made the motion currently under debate is entitled to
be recognized in preference to other members if that individual is claiming the
floor and has not already spoken on the question.
2. No member is entitled to the floor a second time in the meeting on the same
motion as long as another member who has not spoken on the motion desires
the floor.
3. In instances where the person to be recognized is not determined by (1) or (2)
above, and where the presiding officer knows that members who are seeking the
floor have opposite opinions on the motion, the chair should let the floor alternate
as much as possible between those favoring and those opposing the motion.
9.05 Questions to Staff
A Council Member may, after recognition by the presiding officer, address questions to
staff members.
9.06 Interruptions
Once recognized, a Council Member should not be interrupted while speaking, except to
make a point of order or personal privilege. If a Council Member is called to order while
speaking, the individual shall cease speaking until the question order is determined.
Upon being recognized by the presiding officer, members of the staff shall hold the floor
until completion of their remarks or until recognition is withdrawn by the presiding officer.
9.07 Discussion Limit
A Council Member should not speak more than once on a particular subject until every
other Council Member has had the opportunity to speak. Council Members are encouraged to
discuss items during the decision -making process.
9.08 Basic Steps to Conducting Business
Specific requests or proposals that are presented
possible action must be introduced in the form of a motion.
disposition of most motions, 13 separate steps are require
business include:
The Presiding Officer (chair):
to Council for consideration and
For the proper presentation and
d. The basic steps to conducting
1. Introduces the item to be considered as presented on the agenda
2. Opens a public hearing
3. Closes the public hearing after receiving comments (if any) from the public
4. Calls for discussion
A member of the Council:
5. Addresses the chair
6. Is recognized by the chair
7. Proposes the motion
A second member of the Council:
8. Seconds the motion
The Presiding Officer (chair)
9. States the motion
10. Calls for any further discussion or debate
11. Restates the motion and puts the motion to a vote
The City Clerk:
12. Takes the vote
13. Announces the results
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9.09 Making a Motion
Under parliamentary procedure, there are three steps required to bring a motion before
the Council for its consideration:
1. A Council member makes a motion;
2. Another Council member seconds the motion, and
3. The chair states the motion.
Unless the motion can interrupt a speaker as explained in Robert's Rules of Order, a
member must obtain the floor to make a motion. Once the chair has recognized a Council
Member, the individual makes the motion by saying, "I move that..." or "I move to..." and
announcing what is proposed.
Council Members should attempt as much as possible to state motions in the positive
form ---that is, "I move to..." rather than "I move not to..." Motions where one must vote "yes" to
vote against a proposal are confusing not only for Council Members, but also for staff and
citizens.
If a proposal has only minimal support, a Council Member might state "I make this
motion in order to put it on the floor for discussion. I am not sure of my position on it at the
present time."
9.10 Seconding a Motion
After a motion has been made, and if it requires a second, another Council Member who
wishes to see the motion considered says, without obtaining the floor, "I second the motion," or
simply, "Second." A second merely implies that the member agrees the motion should come
before the meeting, not necessarily that the member favors it. If another member of the Council
does not second the motion, the chair normally asks, "Is there a second to the motion?" If there
is no second, the chair should say "Since there is no second, the motion is not before this
meeting." If seconded, the maker of the motion should then be regarded as having the refusal of
the floor in preference to all other members.
The purpose of a second is to prevent time being spent on motions that only one person
wants to discuss. After the Council makes a motion, no person shall address the Council without
first securing the permission of the Mayor or Council to do so.
9.11 Stating the Question
Under parliamentary procedure, making and seconding a motion does not put it before
the Council for consideration. This can be done only by the chair when the presiding officer
repeats the exact motion and indicates that the motion is open for debate by stating: "It has
been moved and seconded that ... Is there any discussion?"
A. Right to Withdraw or Modify a Motion
Until the chair has stated the question, the maker has the right to modify or withdraw the
motion. After the motion has been stated, however, it can be withdrawn only with the Council's
consent. If any objection is made, it will be necessary to obtain leave to withdraw by a motion for
that purpose. When a motion is withdrawn, the effect is the same as if it had never been made.
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B. Pending Motions
When the chair has stated a motion, it is said to be pending. When several motions are
pending, the last one stated by the chair, and the first to be disposed of, is called the
immediately pending question. Thereafter, other pending motions are considered in descending
order of rank.
9.12 Amendment of the Main Motion
When the main motion does not exactly suit the members of the Council, it may be
changed by means of amendment before it is finally voted upon. Once recognized by the chair,
a Council Member may make the motion to amend by stating, "I move to amend the motion
by..." ---adding, striking out, inserting, or substituting. An amendment to the main motion
requires a second; it is debatable, requires a majority vote, and must be germane ---that is,
closely related to or having bearing on the subject of the motion to be amended.
If the motion on the amendment passes, the chair puts the main motion, as amended, to
a vote. If the motion on the amendment fails, the chair puts the main motion, as originally
presented, to a vote.
The member, who offers the motion, until it has been stated by the chair, can modify the
motion, or withdraw it entirely; after it is stated, he/she can do neither without the consent of the
body (majority). For example, the mover may state, "With the consent of the body I will modify
my motion to state as follows..." If no one objects, it shall be deemed that he/she has the
consent of the body to modify his/her motion. When the mover modifies his/her motion, the one
who seconds it can withdraw his/her second.
A friendly amendment may be made, which clarifies the intent of the maker of the motion
and is accepted by the maker of, and second to, the motion without requiring a vote by the
council on the amendment.
9.13 Postponement of Business
A. Postpone to a Time Certain
Council may delay action on a pending question by making a motion to postpone the
item either indefinitely or to a time certain. This motion can be made regardless of how much
debate has taken place. The question may be postponed either so that it may be considered at
a more convenient time or because debate has shown reasons for delaying a decision.
B. Postpone Indefinitely
Council may decline to take a position on a pending question by moving to postpone the
item indefinitely. Voting to postpone indefinitely kills the main motion and avoids a direct vote on
the question. This motion is useful for disposing of a badly expressed main motion that cannot
be either adopted or expressly rejected without possibly undesirable consequences.
C. Table
Commonly misused in place of a motion to postpone, Council may lay the pending
question aside temporarily when some other issue of immediate urgency has arisen. Lay on the
Table is out of order if the evident intent is to kill or avoid dealing with an item. This motion
requires a majority vote and halts consideration of a question immediately and without debate.
After a question has been laid on the table, it can be taken from the table by a majority vote as
soon as the interrupting business is disposed of and when no other question is pending.
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9.14 Debate
The term "debate" applies to the discussion of the merits of any pending question during
a Council meeting. All main motions and certain other motions are entitled to debate.
Any member of the City Council may move to close debate by saying, "I move that
debate on the motion be closed," or "I move the previous question." However, Council Members
should refrain from using the term, "call the question," as a means to end debate. The audience
better understands, "Move that debate on the motion be closed," rather than "calling the
question." The motion must be seconded. The presiding officer immediately requests a vote, to
which a two-thirds vote is required to close debate.
A motion to close debate can neither be debated nor amended. The motion to close
debate effects the immediately pending question, whether it be an amendment or the main
motion. Should the motion fail, debate is reopened. If the motion passes, then the Council shall
vote on the motion for which debate was closed.
The presiding officer cannot close debate as long as any member who has not
exhausted the right to speak desires the floor.
While debate on a main motion is under way, amendments and subsidiary, privileged
and incidental motions may be introduced (if they are in order), debated (if debatable) and
disposed of.
In addition to the customs of formality discussed in Section 9.01, observance of the
following practices will make debate smooth and orderly. Members of the Council should:
• Confine their comments to the merits of the pending question;
• Refrain from speaking against their own motions;
• Refrain from reading reports, quotations, etc., without permission of the Council; and
• Speakers should yield the floor to the chair whenever the chair interrupts to give a ruling or
information, or to otherwise speak
9.15 Voting Procedures
Each Council member shall vote on all questions put to the City Council, unless a
conflict of interest under State law or appearance of fairness question is present. Unless a
member of the Council states that he or she is not voting, his or her silence shall be recorded as
an affirmative vote.
If a member asserts a conflict of interest under State law or appearance of fairness
question, and it is not apparent to all Council Members present, the member shall be excused
from voting on an issue only by majority vote of the Council Members present.
If it is determined by majority vote of the City Council as a whole, plus one, that a
Council Member has a conflict of interest under State law or would violate the appearance of
fairness doctrine by participating in, and/or voting on, a matter coming before the Council, then
the member determined to have the conflict of interest or appearance of fairness doctrine
violation shall not participate in or vote on said matter. In the event a challenged member or
members requests additional time prior to the challenge having been voted on by the City
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Council in order for the Council Member to present further information to the Council, then the
City Council's determination with respect to the challenge shall be continued to the next
regularly scheduled meeting of the City Council, at which time the member or members
requesting the additional time shall present such additional information. At the conclusion of the
presentation, the City Council shall make its determination as provided hereinabove.
When the debate appears to be over and if no one indicates a desire to continue
discussion, the chair puts the motion to a vote by stating, "If there is no further discussion, cast
your votes."
Only those ordinances, resolutions, or motions that receive an affirmative vote by the
majority of the City Council shall be passed or become effective. In order for an ordinance or
resolution to become effective immediately, the City Council must declare that an emergency
exists and approve the ordinance or resolution by the affirmative vote of three -fourths of the
members of the City Council. (See Section 8.10E)
A conflict of interest shall be declared whenever appropriate and in compliance with
state law. The affected Council Member will not participate in the discussion and will abstain
from the voting process by leaving the Council Chambers until such time as consideration of the
item has been concluded.
A. Affirmative Vote
Affirmative votes will be case in an audible tone of voice:.
B. Abstention from Voting
Any member may abstain from voting on any question; provided, at the time of
declaring his/her abstention, he/she shall state the reason-
C. Tie Vote
A tie vote results in the motion having failed. The presiding officer may publicly explain
the effect of the tie vote for the audience.
D. Reconsideration
Reconsideration of an item will be considered by a majority vote of the Council. A
member of the prevailing majority must make a motion for reconsideration when the
previous vote was taken, and can be made no later than the next regular meeting after
which the previous vote was taken.
9.16 Right of Protest
A Council Member is never required to state reasons for a dissenting vote; provided,
however, that any member of the City Council shall have the right to have the reasons
for his or her dissent from, or protest against, any action of the Council entered on the
minutes.
9.17 General Rules of Procedure
A. Standing to Question Procedures
These rules shall govern the parliamentary procedures of the members and by the
members only. Procedures may be questioned only by members of the body, and then only in
accordance with these rules. The decision of the chair will be final and conclusive as to all,
subject only to a motion by a member of the body, duly and timely made, in which case the
ruling of the body shall be final and conclusive. Nothing in these rules will be construed to
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prevent the chair or a member from requesting aid in the interpretation of these rules or other
matters from the City staff or officials.
B. Precedence
Motions having precedence on those that may be made while another motion is pending.
C. To Yield
Motions yield when they are pending and another matter can be considered while the
yielding motion still pends.
D. Applied
Where a motion can have no subordinate motion applied to it, the fact is stated. For
example, the motion to continue may not be applied to the motion to lay on the table.
E. Debate
Debate shall not take place until the chair has stated the question. Debate shall be
limited to the immediately pending question, except that the main question is also open when
the following motions are pending: postpone indefinitely, or reconsider a debatable question.
F. Putting the Question
When the debate appears to have closed, the chair will ask, "Are you ready for the
question?" If no one asks for the floor, the chair shall put the question to a vote, making it clear
what the question is.
G. Majority
A majority of those present shall constitute a majority of the body assuming a quorum is
present. The chair has the tie -breaking vote and may second a motion.
9.18 Specific Rules of Procedure
The following motions are permissible in considering any matter on the agenda, and
unless otherwise specified, shall rank in precedence and application as set forth below:
A. Undebatable Motions
1. Question of Order and Appeal.
A question of order takes precedence of the question giving rise to it, may be put
when another member has the floor, needs no second, and must be decided by
the chairman without debate. If a member objects he may appeal, which if
seconded, will immediately be put to the body. An appeal is waived if not made
immediately. On appeal, the decision of the chair is sustained on a tie vote.
2. Suspension of Rules.
This motion may not be amended, nor another motion be applied to it, nor a vote
on it reconsidered. Rules of the body may not be suspended except for a definite
and specific purpose and by a vote of one more than a majority present. Nothing
else may be done under the suspension. It may not be renewed at the same
meeting if once defeated. It shall be in order to change the order of the agenda.
No rule can be suspended when the negative vote is as large as the minority
protected by that rule.
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3. To Lay on the Table
This motion may not be used for purposes of continuance of a matter that has
been specially called for public hearing, which is done by a motion to continue. It
may not be amended, nor an affirmative vote on it be reconsidered.
If carried, the subject tabled may not be considered again until the body votes to
take it from the table, which motion is also undebatable.
The object of the motion is to postpone the subject in such a manner that it can
be taken up at any time, either at the same or some future meeting. It may be
used to suppress a question for that meeting, but not for a matter for which a
public meeting has been specially set. The effect of the motion is to place on the
table everything that adheres to the subject, so that if an amendment be ordered
to lie on the table, the subject which it is proposed to amend is also tabled.
However, it may be limited to the particular pending matter and if so adopted the
remaining matters shall still be before the body.
4. The Previous Question
This motion is not amendable and applies to any debatable question, but is not
debatable itself. It requires the vote of one more than a majority of the members
present for its adoption. When called and seconded, the chair shall immediately
put the question. If the motion fails to carry by a majority plus one of the
members present, the debate will continue as if the motion had not been made. If
adopted, the chair shall immediately bring the body to vote upon the pending
question.
If applied to an amendment to a pending question, it brings to a vote not only the
motion to amend, but also the question to be amended. However, the motion for
the previous question may be limited to the pending amendment and, if adopted,
debate will be closed only to the motion to amend.
It shall be proper for a member to submit a motion and at the same time move
the previous question thereon and thus cut off debate on the motion. In this case,
the chair shall first put the motion for previous question to vote.
8. Debatable Motions
1. Continue to a Certain Day
This motion yields to all undebatable motions, and takes precedence of all other
debatable motions, except that it may be amended by altering the time, and the
previous question can be applied to it without affecting any other motions
pending.
2. To Commit or Refer
This motion is to commit or refer a matter to a committee. It can be amended by
altering the committee, or giving the committee instructions. The debate on the
motion opens the debate on the main question it is proposed to commit.
3. To Amend
This motion takes precedence over nothing but the question that it is proposed to
amend and yields to all questions except to postpone indefinitely. It can be
applied to all but undebatable questions, an amendment of an amendment, to
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postpone indefinitely, or to reconsider. It can be amended itself, but an
amendment of an amendment cannot be amended.
An amendment may be inconsistent with the one already adopted, or may be
directly in conflict with the spirit of the original motion, but it must have a direct
bearing upon the subject of that motion. A motion to amend by inserting new
words once past may not be the subject matter of a new amendment to change
the same words. The proper motion is the motion to reconsider the vote by which
the words were inserted.
A motion to amend may be made to "divide the question" into two or more
questions as the mover specifies, so as to get a separate vote on any particular
point or points.
4. To Postpone Indefinitely
This motion takes precedence of nothing except the question to which it is
applied and yields to all motions except to amend. It cannot be amended, and
opens to debate the entire question which it is proposed to postpone.
Its effect is to entirely remove the question from the body for that session. The
previous question, if ordered when this motion is pending, applies only to it
without affecting the main question.
It cannot be applied to a matter that has been specifically set for public hearing.
A negative vote on it cannot be reconsidered.
5. Principal Question
The main or principal question is a motion to bring before the body for its
consideration any particular subject. No principal motion can be made when any
other motion is before the body. It takes precedence over nothing and yields to
all.
C. Miscellaneous Motions
1. To Rescind
This motion cannot be made for a matter that has been voted upon for which a
matter has been specifically called for public hearing. However, for other matters
to which it is appropriately addressed, as where it is too late to reconsider the
vote, the motion is the course to pursue to rescind an objectionable policy, order
or motion: it is debatable.
2. To Reconsider
This motion is not in order after the body has voted upon the principal question
which is the subject matter of a specially called public hearing, unless made
immediately after thereon and before the Council has moved to the next item of
business. It is otherwise in order at any time, even when another member has
the floor, but not after the Council has adjourned the meeting. Nothing herein
shall be construed as preventing the council from considering the same item at a
subsequent meeting as a new item of business.
A member who voted with the prevailing side must make the motion. It can be
applied to the vote of every other question, except as noted above, and except to
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9.19
suspend the rules and an affirmative vote to lay on the table or to take from the
table.
The motion may not be amended. Whether or not it is debatable depends upon
whether the question to be reconsidered is debatable or undebatable. It may be
laid on the table, in which case, the reconsider, like any other question, can be
taken from the table.
3. Roll Call
Any member may demand a roll call vote any time before or after any question is
put. The demand needs no second and the chair must ask for a roll call vote on
demand. It is not debatable and may be applied to any question. It is waived if
after the vote it is not immediately made and prior to the next matter being
considered.
Suggested Forms
Undebatable Motions
a. Question of order
Member:
"I raise a point of order."
Chair:
"State your point of order."
Member:
States his/her point of order
Chair:
Ruling by the chair, who may give reasons.
Member:
"I appeal from the decision of the chair."
Chair:
(If seconded) "Shall the decision of the chair stand as the
decision of the body?"
b. Suspension of rules (majority plus one)
Member: "I move to suspend the rules requiring..."
c. To lav on the table (maiority plus one
Member: "I move to lay the question (stating it) on the table."
Chair: (If seconded) "Shall the main question be now put?"
Member: "I call for the previous question on the amendment."
Chair: (If seconded) "Shall the question be now put on the
amendment?"
2. Debatable Motions
a. Continue to a certain day (maiority)
Member: "I move to continue the question of (stating it) to the
next regular (or recessed) meeting of (date)."
NOTE: Confirm date of meeting with City Attorney in matters of land use
to ensure compliance with the MMC.
b. To commit or refer (maiorit
Member: "I move to refer the subject to a committee."
c. To amend (maiority)
Member: "I move to amend the motion to 'add', or'insert', to 'strike',
to 'strike out XYZ and insert ABC', to 'divide the question'
(into two or more questions), etc."
W
d. To postpone indefinitely (majority)
Member: "I move to postpone the question indefinitely."
e. Principal question (majority)
Member: "I move that..."
3. Miscellaneous Motions
a. To rescind (majority)
Member: "I move to rescind that motion, policy, etc."
b. To reconsider (majority)
Member: "Having voted on the prevailing side, I move that we
reconsider the vote on the motion to (stating it) and have
such motion entered on the record."
c. Roll call (any member)
Member: "I demand a roll call vote." No second needed.
Chair: "The clerk will please call the roll."
9.20 Other Protocol
Other guidelines are also in place to ensure meetings of the Council emphasize the
importance of the business being conducted in a professional manner. Council Members and
staff shall:
• Work to preserve appropriate order and decorum during all meetings.
• Address Council Members as Council Member, followed by last name, such as
"Council Member Jones," and staff by staff member's last name.
• Discourage side conversations, disruptions, interruptions or delaying efforts.
• Inform the presiding officer when departing from a meeting.
• Limit disruptive behavior. The presiding officer will call persons demonstrating rude,
boisterous, or profane behavior to order. If such conduct continues, the presiding
officer may call a recess, request the removal of such person(s) from the Council
Chambers, adjourn the meeting, or take such other appropriate action as permitted
by the law. The City Council discourages applause, booing or other similar behaviors
from the public during meetings.
• Recognize that only the City Council, staff, advisory body chairs or designated
representatives, and those authorized by the presiding officer shall be permitted to sit
at the Council or staff stations.
A. Enforcement of Order
The Chief of Police (or designee) acts as the sergeant -at -arms. It shall be the duty of
the sergeant -at -arms to carry out all instructions of the presiding officer to preserve the peace
and maintain order and decorum at Council meetings.
A portion or all of the public may be removed from the meeting site if willful disruption
makes conducting the meeting unfeasible. Upon instructions of the Mayor, it shall be the duty of
the sergeant -at -arms, or any of them present, to place any person who violates the order and
decorum of the meeting under arrest, and cause him or her to be prosecuted in accordance with
law.
We
B. Values of Respect
The City Council recognizes the importance of approaching the public's business in an
environment of personal respect that places emphasis on the consideration of policy and avoids
personalization of comments. Some general guidelines utilized by the City Council include:
• Discussion should focus on policy matters.
• Personal criticism of members is inappropriate.
• Proper decorum should be displayed as other members express their views.
9.21 Parliamentarian
The Mayor, or in the absence of the Mayor, the Deputy Mayor, shall serve as
parliamentarian for the City Council and as such shall decide all questions of parliamentary
procedure in accordance with the parliamentary rules contained in Robert's Rules of Order.
Before deciding any question of parliamentary procedure, the Mayor may request advice from
the City Attorney or City Clerk or designee. In cases where serious errors in procedure are
being used or being contemplated, the City Attorney should give advice even when it has not
been requested.
9.22 Procedures For Small Boards
Since the City Council is relatively small compared with other organizations using
Robert's Rules, some of the procedural formality can be dispensed with.
The following "Procedures for Small Boards" from Robert's Rules is modified for use by
the Medina City Council. Modifications to Robert's Rules for Small Boards are noted in italics.
• While members are required to obtain the floor before making motions or speaking, they
may do so while seated. (Text normally reads that members are not required to obtain the
floor before hand.)
• Motions must be seconded. (Text normally reads, "Motions need not be seconded.')
• No limit is placed on the number of times a member may speak to a question. However,
motions to close or limit debate may be entertained. (Text normally reads that such
motions "should not be entertained.')
• Informal discussion of a subject is permitted while no motion is pending. It is normally
expected, however, that discussion will follow a motion on the floor.
• Sometimes when a proposal is perfectly clear to all present, a vote can be taken without a
motion having been introduced. Unless agreed to by general consent, however, all
proposed actions of a board must be approved by vote under the same rules as other
assemblies, except that a vote can be taken initially by a show of hands. Normally, the
ayes and noes on any question must be recorded.
• The Mayor can speak in discussion without rising or leaving the chair, can make motions,
and votes on all questions.
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9.23 Rules of Conduct for TV Camera Crews in Council Chamber
To preserve Council Chamber decorum, and minimize Council and audience distractions,
television cameras are to be confined to areas that do not obstruct seated audience view of
Council members. Interviews in the chamber are permissible before and after meetings.
However, no interview or live narration will be allowed in the chamber during the proceedings of
a meeting.
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Chapter 10
Protocol Administration
10.01 Biennial Review
The City Council will review and revise the City Council Protocol Manual as needed, or
every two years.
10.02 Adherence to Protocol
A. Each Council Member shall have the duty and obligation to review this Protocol
Manual and be familiar with its provisions.
B. During City Council discussions, deliberations, and proceedings, the Mayor will
be primarily responsible to ensure that the City Council, staff, and members of
the public adhere to the Council's Protocol Manual.
C. Knowing and/or willful failure to adhere to the provisions of this Protocol Manual
may subject a Council Member to enforcement and sanctions as follows:
(1) Upon determining that there is credible evidence that a Council Member
has, or may have, engaged in knowing and/or willful action or omission
that constitutes failure to adhere to the provisions of this Protocol Manual,
the Mayor or the Deputy Mayor, in the event that the Mayor is the Council
Member alleged to have engaged in such action or omission, may call
upon the Council to determine whether such knowing and/or willful action
or omission has occurred, and the sanctions, if any, to be imposed.
(2) Prior to conducting any hearing on an alleged failure to adhere to the
provisions of this Protocol Manual, the Mayor or Deputy Mayor shall
provide written notice to the Council Member alleged to have engaged in
such failure to adhere at least ten (10) calendar days prior to calling for
such hearing. The written notice shall identify the specific provisions of
this Protocol Manual with which the Council Member is alleged to have
failed to adhere and the facts supporting such allegation.
(3) Upon call by the Mayor or Deputy Mayor, a majority of a quorum of the
Council shall vote on whether to hold a hearing to determine the
existence of an act or omission constituting a failure to adhere and the
sanctions, if any, to be imposed. If such hearing is approved by the
Council, the hearing shall be held at a time and place specified in the
motion approving such hearing.
(4) At such hearing, the Council shall determine whether there is a
preponderance of credible and substantial evidence indicating that a
Council Member has knowingly and/or willfully acted or failed to act in a
manner constituting a failure to adhere to the provisions of this Protocol
Manual. The Council Member alleged to have failed to adhere to the
provisions of this Protocol Manual shall have the right to present evidence
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and testimony. The finding of the existence of such knowing and/or willful
failure to adhere shall be determined by motion approved by a majority of
the Council plus one.
(5) Upon finding that a knowing and/or willful failure to adhere to the
provisions of this Protocol Manual has occurred, the Council shall
proceed to determine whether the sanctions, if any, should be imposed.
Appropriate sanctions may include, but are not limited to, the following:
(i) public censure
(ii) removal of appointment to extra -territorial boards, committees, or
commissions; and
(iii) removal of appointment to Council boards or committees
10.03 City Attorney as Protocol Advisor
The City Attorney shall assist the Mayor and serve as an advisor for interpreting the City
Council's Protocol Manual.
10.04 Adherence to Non-interference Ordinance
The City Council delegates to the City Manager the responsibility to discuss with any
Council Member, on behalf of the full Council, any perceived or inappropriate interference or
encroachment of administrative services. The City Manager will discuss with the Council
Member the action and suggest a more appropriate process or procedure to follow. After this
discussion, if inappropriate action continues, the City Manager will report the concern to the full
Council.
10.05 Applicability of Protocol Manual
The City Council Protocol Manual shall also apply when the Council is sitting as another
entity or agency. The role of Mayor and Deputy Mayor shall be interchangeable with the Chair
and Vice Chair, or President or Vice President, when sitting as another entity.
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11.01 Association of Washington Cities [(800) 562-8981 ]
www.mrsc.org [AWC is linked to the MRSC web site] The Association is a voluntary,
nonpartisan, nonprofit association comprised of all incorporated cities and towns in Washington.
The Association:
• serves as a resource for information
provides news, reports, and reminders affecting cities and towns
• acts as liaison to State agencies
• represents the interests of cities before the state legislature
• publishes training and information manuals for municipal leaders
11.02 National League of Cities [(202) 626-3000]
www.nlc.org A non -partisan organization serving municipal governments, the NLC
works to establish unified policy positions, advocates those policies forcefully, and shares
information that strengthens municipal government throughout the nation. Services include:
• publications and news services
• inquiry, technical assistance, and project services
• awards program
• research programs
11.03 International City/County Management Association [(202) 289-4262]
www.icma.org ICMA is a professional and educational association of local government
administrators that serves to enhance the quality of local government through professional
management and to support and assist professional local government administration. The
Association's Elected Officials Handbook series can be of great value to Council Members.
Publications are also available through ICMA concerning every basic city service.
11.04 International Institute of Municipal Clerks [(909) 592-4462]
www.iimc.com IIMC is a professional, nonprofit association that assists its membership
by providing services, resource materials, sample documents, and continuing educational
development opportunities.
11.05 Government Finance Officers Association [(312) 977-9700]
www.gfoa.org GFOA is a professional association of state and local finance officers.
The Association administers a broad range of services and programs related to government
financial management, including:
• accounting, auditing, and financial reporting
• budgeting and financial planning
ZGA
• capital finance and debt administration
• cash management and investments
retirement administration and finance
• health care and other employee benefits
11.06 Municipal Research & Services Center of Washington [(206) 625-13001
www.mrsc.org MRSC is a nonprofit, independent organization created in 1969 to
continue programs established in 1934 under the Bureau of Governmental Research at the
University of Washington. One of the principal services of MRSC is to respond to inquiries on
virtually every facet of local government. MRSC's resources include professional staff members
that are local government experts, a comprehensive local government reference library, and an
information -packed site on the world wide web. Staff experience includes:
• budgeting and finance
• municipal law
• public management and administration
• planning and growth management
• public works and utilities
• local government policies
11.07 Appendix
Reference materials are provided in the Appendix of this manual.
Materials include:
• City Manager Code of Ethics
• Tips for Successful Public Service
• Reference Guide to Motions
• Reference Locator Guide
• Glossary of Terms
• Board & Commission Membership and Qualifications Matrix
• Sections 8.1, 8.2, 8.3, and 8.4 of Personnel Policies
• RCW 35.18
• RCW35A.13
11.08 Other Reference Materials on File
Other reference materials that may be of interest to Council are on file with the City
Manager. Materials include:
• AW C's Welcome to City Hall. A Handbook for New Mayors and Council Members
• NLC's Tools for Leadership: A Handbook for Elected Officials
• MRSC's Knowing the Territory: Basic Legal Guidelines for Washington Municipal
Officials
• MRSC's Handbook for Council Members
• MRSC's Mayor's Handbook
• ICMA's Elected Officials Handbook series
• GFOA's An Elected Official's Guide series
65
Robert's Rules of Order latest edition
United States Constitution
• Washington State Constitution
Revised Code of Washington
Washington Administrative Code
• Medina Municipal Code
• Medina Adopted Annual Budget
• Medina Comprehensive Plan
• Medina Capital Improvement Plan
66
Chapter 12
Leaving Office'
12.01 Return of Materials and Equipment
During their service on the City Council, members may have acquired or been provided
with equipment such as computers or other items entailing a significant expense, as well as
copies of the Medina Municipal Code, Medina Comprehensive Plan, etc. These items are to be
returned to the City at the conclusion of a member's term.
12.02 Filling Council Vacancies
If a vacancy occurs on the City Council during a member's term, the Council shall, by
majority vote, appoint an individual to serve the remainder of the term, as provided by law.
67
APPENDIX
ICMA Code of Ethics
Adopted by the ICMA Executive Board in 1924 and most recently revised in May 1998.
The purposes of ICMA are to enhance the quality of local government and to support
and assist professional local administrators in the United States and other countries. To further
these objectives, certain principles, as enforced by the Rules of Procedure, shall govern the
conduct of every member of ICMA, who shall:
• Be dedicated to the concepts of effective and democratic local government by
responsible elected officials and believe that professional general management is
essential to the achievement of this objective.
• Affirm the dignity and worth of the services rendered by government and maintain a
constructive, creative, and practical attitude toward local government affairs and a deep
sense of social responsibility as a trusted public servant.
• Be dedicated to the highest ideals of honor and integrity in all public and personal
relationships in order that the member may merit the respect and confidence of the
elected officials, of other officials and employees, and of the public.
• Recognize that the chief function of local government at all times is to serve the best
interests of all the people.
• Submit policy proposals to elected officials; provide them with facts and advice on
matters of policy as a basis for making decisions and setting community goals; and
uphold and implement local government policies adopted by elected officials.
• Recognize that elected representatives of the people are entitled to the credit for the
establishment of local government policies,' responsibility for policy execution rests with
the members.
• Refrain from all political activities that undermine public confidence in professional
administrators. Refrain from participation in the election of the members of the
employing legislative body.
• Make it a duty continually to improve the member's professional ability and to develop
the competence of associates in the use of management techniques.
• Keep the community informed on local government affairs; encourage communication
between the citizens and all local government officers; emphasize friendly and courteous
service to the public; and to seek to improve the quality and image of public service.
• Resist any encroachment on professional responsibilities, believing the member should
be free to carry out official policies without interference, and handle each problem
without discrimination on the basis of principle and justice.
• Handle all matters of personnel on the basis of merit so that fairness and impartiality
govern a member's decisions pertaining to appointments, pay adjustments, promotions
and discipline.
• Seek no favor,' believe that personal aggrandizement or profit secured by confidential
information or by misuse of public time is dishonest.
MOO
Tips for Successful Public Service
• Learn all you can about your city, its operation, it's financing. Do your homework. Know
your city ordinances.
• Devote sufficient time to your job and to studying the present and future problems of
your community.
• Don't bum yourself out on the little things. Save some energy for the important matters.
• Don't act as a committee of one. Governing a city requires a team effort --practically and
legally.
• Don't let honest differences of opinion degenerate into personality conflicts.
• Remember that you represent all the people of your community, not just neighbors and
friends.
• Take your budget preparation job seriously. It determines what your city does or doesn't
do for the coming year and will influence decisions and actions in future years as well.
The budget is the most important policy development tool available to govern a city.
• Establish policy statements. Written policy statements let the public and the city staff
knows where they stand. They help the City Council govern, and writing them provides a
process to develop consensus. "That's the way it's always been done" is not good
enough either to stay out of trouble or to get things done.
• Make decisions on the basis of public policy and be consistent. Treat similar situations
similarly.
• Don't be stampeded into action. Don't be misled by the strong demands of special
interest groups who want it done now, their way. Your job is to find the long-term public
interest of the community as a whole, and you may be hearing from the wrong people.
• Don't be afraid of change. Don't be content just to follow the routine of your
predecessors. Charge your appointed officers and their employees with being
responsible for new ideas and better ways. Listen to what they have to say.
• Don't give quick answers when you're not sure of the real answer. It may be
embarrassing to appear ignorant, but it can be more embarrassing and damaging to tell
a person something that is wrong.
• As an individual, even if you're the mayor, don't make promises you can't deliver! Most
decisions and actions require approval of the City Council, and that takes a majority
vote.
• Don't spring surprises on your fellow Council Members or your city staff, especially at
formal meetings. If a mater is worth bringing up for discussion, it is worth being on the
agenda. While surprises may get you some publicity, at the embarrassment of others,
they tend to erode the "team" approach to governance.
• Retain competent key employees. Pay them well. Trust their professional judgment and
recognize their responsibilities.
• Don't bypass the system! You have a city manager. Council Members should stick to
policy -making and avoid personal involvement in the day-to-day operations of the city.
• Don't let others bypass your system --insist that people such as vendors or service
providers first work with your city staff. If direct contact with Council Members is
advisable, this should be with the Council as a whole, not on a one-to-one basis.
• Learn to evaluate recommendations and alternative courses of action. Request your
staff to provide options. Encourage imaginative solutions.
• Be concerned with the long-term future to avoid unnecessary expense and delay and to
avoid taking short-term gains at the expense of long-term losses.
• Balance personal rights and property interests. Balance the possible harm to a few
versus the good of the many.
69
• Be concerned with the total development (physical, economic, social) of your
community.
• Visit other cities, particularly those with a reputation of being well run. Get to know the
officials of neighboring and similarly sized cities.
• Don't act as if the city operates in a vacuum. Cities must work within the
intergovernmental system to be effective. Keep in contact and cooperate with your
federal, state, county, and school officials.
• Keep your constituents informed, by such means as a weekly "open letter" in the local
newspaper, radio interviews, or news releases. Be friendly and deal effectively with the
news media. Lack of good communications is one of the big problems of cities.
• Remember that what you say, privately and publicly, will often be news. Avoid over -
publicizing minor problems.
• Appoint citizen advisory committees when you need them, but be prepared to follow their
advice if you use them.
• Have some goals and objectives. What do you want to accomplish this year? Next year?
What do you want the city to accomplish this year? During the next five years?
• Be a leader as well as part of the team of elected and appointed officials who were
selected to make your city an even better place to live.
---from the League of Kansas Municipalities
70
Reference Guide to Motions
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7
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Q
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a
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3
N
a)
ACTION
Main or question 16 No YesYes Yes Majorit= Yes 10
Move to adjourn 1 * No Yes No No Majority No 21
Question of privilege Yes No No No No No 19
Vote
Move to lay the question No Yes No No Majorit No 17
on the table
Move to close debate No Yes No No 2/3 Yes 16
Move to postpone
1 *
No
Yes
Yes
Yes
Majority
Yes
14
Move to refer the matter
44,
No
Yes
Yes
Yes
Majorit:
Yes..,
13
Move to amend the 5*
No
Yes
10*
Yes
Majority
Yes
12
motion
Move to postpone
No
Yes
Yes
_
No
Majoft
13*
11
indefinite)
Move to introduce
No
Yes
Yes
Yes
Majority
Yes
10
business
Point of order
Yes'
No
No
No
15*
No
23
Appeal the decision of thi
Yes
Yes
11 Yes
No
9*
Yes
j 24
chair
Move to suspend the
21
No
Yes'
No
No
2/3
No
25
rules
Parliamentary inquiry
12*
No
No No No
No
32
Vote
Move to take from the
' 6*
No
Yes
No No Majoritt,
No
33
table
71
1" To date and time. Not necessary with "Move to adjourn."
2* "...That interfere with ." The motion must state its purpose or objective
3' Specify what limitations. i.e., time, number of speeches, etc.
4" Specify to whom and for what reason
5' Specify amendment
6* During same meeting at which the item was tabled or at the next meeting
7` Maker of motion must have been on prevailing side
8` Specify action to be rescinded
9` The question is, "Shall the decision of the chair stand?" A majority negative vote is
necessary to overrule the decision
10' Only if the motion in question is itself debatable
11' Whatever vote was required to pass the motion in question
12" Can only interrupt speaker with speaker's permission, but does interrupt proceedings
13' Affirmative votes maybe reconsidered
14* Negative votes may be reconsidered
15" No vote unless the chair submits to the assembly for a decision
16" For circumstances where a greater than majority vote is required for approval, see
Section 8.10E of this manual
17" Ruling on question of privilege is made by chair
72
Reference Locator Guide
The following citations include some common issues related to local government. The League
of Cities and Towns is the source of the bulk of the items listed.
The Washington Constitution, Revised Code of Washington, United States Constitution, United
States Code, and United States Code of Federal Regulations are available on the Internet at:
Washington Constitution
http://www.leg.wa.gov/pub/other/washington constitution txt
Revised Code of Washington
http://www.Ieg.wa.qov/wsladm/rcw.htm
United States Constitution
http://www.Icweb2.loc.qov/const/constquery.html
United States Code
http://www.access. gpo.gov/congress/cong013.html
United States Code of Federal Regulations
http://www.access.gpo.gov/nara/cfr/index. htmI
Abandonment of alleys, rights -of -way
RCW
35.79
Accident claims, municipal
RCW
35A.31
Administration; City
MMC
Title 2
Agendas - Council meetings & hearings
RCW
35A.12.160
Airport Authority; joint operation
RCW
14.08.200
Animals
MMC
Title 6
Annexation RCW 35A.14
Attorney General opinion; State register RCW 34.08.020
Audits RCW 43.09.200-.282
Ballots RCW 29.30
Bids, Notice for RCW 35A.40.210
RCW 35.22.620
Bid Rigging; Bidding offenses RCW 9.18
Board of Adjustment RCW 35A.63.110
73
MMC 2.32
Bonds RCW 35A.40.010
RCW 35A.40.080
Budget
Taxation, Excises
RCW 35A.8
Taxation, Property
RCW 35A.84
Transfer of funds
RCW 35A.33.120
Building code
RCW 19.27
MMC 15.04
Cable television
MMC 5.08
Cemeteries
RCW Title 68
Census
RCW 35A.44
Charitable organizations; Regulation of
RCW 19.09
Charter government
WA Const Art XI,
Section 10
RCW 35A.07 - .10
Claims against the City
RCW 35A.21.195
MMC 2.82
Code of ethics; municipal officers and employees
RCW 42.20
RCW 42.23
Compensation; councilmember
RCW 35A.13.040
Condemnation by cities
RCW 8.12
Conduct of municipal officers and employees
RCW 35A.42.050
RCW 42.23
RCW 42.20
Conflict of interest; Contracts
RCW 42.23
Construction contracts; Indemnity
RCW 4.24.360
Council -Manager plan
RCW 35A.13
Council meetings
RCW 35A.13.170
RCW 35A.12.110 - .120
Court; municipal
RCW 3.50
Crime Victims' Rights
RCW 9.94A.140
74
WA Const Art. I,
Section 35
RCW 7.68 - .69A
Criminal profiteering
RCW 9A.82
Development
- Agreements
RCW 36.70B.170-.210
Fees
RCW 82.02.050-.100
MMC 17.44
- Rights vesting
RCW 58.17.033
Development impacts; mitigation
RCW 82.02
MMC 15.20
Disincorporation
RCW 35A.15
Dogs; liability for bites
RCW 16.08.040
Drug free school zones
RCW 69.50.435
Drug free work place
41 USC 701
Elections
- Campaign finance
RCW 42.17
- City employee misconduct
RCW 35A.42.050
RCW 29.85
- Dates
RCW 29.13
- Nomination petitions
RCW 29.15.060 - .080
- Primary election
RCW 29.18
- Prohibited acts
RCW 29.85
- Recounts
RCW 29.64
Emergency meetings
RCW 42.30.070
Emergency ordinance
RCW 35A.13.190
Emergency medical services; Regulation
RCW 18.73
Eminent domain (See condemnation)
Encumbrances and liens
RCW 35A.60
Expenditure limitation
RCW 35A.33.120
Executive sessions
RCW 42.30.110
Fair Labor Standards Act (FLSA)
29 CFR Part 553
75
Finance
RCW 35A.33
RCW 35A.21.170
RCW 35A.40
MMC Title 3
Financial disclosure/report
RCW 43.09.230
Fire protection districts
Title 52 RCW
Flood control
Title 86 RCW
Franchises
RCW 35A.11.030
RCW 35A.47.040
- Cable television
MMC 5.08
Garbage
RCW 35A.21.060
RCW 35A.21.150
MMC 8.20
Handicapped — parking
RCW 46.61.581 - .583
Health and safety
MMC Title 8
Historic/Landmark preservation
RCW 27.34
Home rule charter
WA Const. Art. XI,
Section 16
Incorporation
WA Const. Art. XI,
Section 10
RCW 35A.03
Industrial development corporations
RCW 31.24
Initiative/Referendum
WA Const. Art. II, Section I
RCW 29.79
Insurance
- Liability for officers and employees RCW 35.21.205
RCW 36.16.138
Interlocal agreements RCW 39.34
Investment of municipal funds RCW 35.39
RCW 39.59
RCW 39.60
RCW 35A.40
Joint exercise of power agreements (see Interlocal agreements)
76
Juvenile courts
RCW 13.04
Libraries - library board
RCW 35A.27
RCW 35.22.280 (19)
MMC 2.72
Library district
RCW 27.12
Licensing
- Business
RCW 35A.82.020
MMC Title 5
- Liquor
RCW 66.20
RCW 66.24
RCW 35A.66.020
Liquor regulation; Preemption
RCW 66.08.120
Litter control
RCW 70.93
MMC 8.04
Lobbying restrictions
RCW 42.17.150. — 230
Lobbyist registration
RCW 42.17.150
Limitations on expenditures
RCW 35A.33.120
Local Improvements
RCW 35A.43.010
RCW 35.43 - .45
RCW 35.47 - .51
RCW 35.53 - .55
Marriage; licenses & certificates
RCW 26.04
Military leave; public employees
RCW 38.40.060
Motor vehicles; abandoned
RCW 46.55
MMC 10.40.040
MMC 8,04.040
Minutes; Recordation of
RCW 42.32
Municipal officer remote interest in contract
RCW 42.23.040
Nonprofit corporations
RCW 24.03
Nuisances
RCW 9.66
RCW 7.48
MMC 8.04
77
Oath of office RCW 35A.13.160
RCW 35A.12.080
Obscenity & pornography RCW 9.68
Offenses MMC 9.04.030
- Relating to persons
- Against public peace
- Relating to property
- Involving minors
- Involving public officers
Open meetings RCW 42.30
Ordinances
- Notice
RCW 42.30.060
- Adoption by reference
RCW 35A.13.180
RCW 35A.12.140
- Codification
RCW 35A.21.130
RCW 35.21.500 - .510
- Adoption by reference
RCW 35A.13.180
RCW 35A.12.140
- Effective date
RCW 35A.13.190
- Emergency clause
RCW 35A.13.190
MMC 1.01.090
- Publication
RCW 35A.13.190
- Validity
RCW 35A.21.010
Parade and special event permits
MMC 10.56
Parking
RCW 35A.46.010
RCW 46.61.560-.590
MMC Title 10
Pawnbrokers RCW 19.60
Personnel; City MMC Title 2
Planning; Municipal RCW 35A.63
RCW 36.70A
Police overtime compensation RCW 49.46.130
WAC 356-15-030
Political activity; employee
- Police officer
RCW 41.12.160
- Firefighter
RCW 41.08.160
Powers of city
WA Const. Art. XI,
Sections 10 — 11
RCW 35A.11.010
W
Prisoners RCW 9.94
Prohibited acts Defenses MIMIC Title 9
Property disposal
RCW 35A.11.020
- Intergovernmental disposition
RCW 39.33
Property maintenance
RCW 35A.11.020
Property tax
RCW 35A.84
Public body; definition
E.g., RCW 39.53.010
Public peace, morals and welfare
MIMIC Title 9
Public records
RCW 42.17.250-.348
Public safety personnel retirement
RCW 41.26
Publication; general
RCW 65.16
Recall elections
RCW 35A.29.180
RCW 29.82
WA Const. Art. I,
Section 33
Records management
RCW 35A.11.030
Records; public (see public records)
Recycling
RCW 35A.21.153-.155
MIMIC 8.20
Referendums (see Initiative and referendum)
Reduction of city limits RCW 35A.16
Rent control preemption RCW 35.21.830
Robert's Rules of Order, codified Res. 1099 (2000), Ch. 9
(Protocol Manual)
Sale of public property (see property disposal) RCW 82.14.030
Sales tax; local RCW 82.14.030
MIMIC 3.52
Scrap metal dealers (see Pawnbrokers)
15001
Sewer systems, sanitary
MMC 13.04
RCW 35A.21.150
RCW 35.67
Smoking in public places and workplaces
RCW 70.160
Solid waste and garbage
RCW 70.95
MMC 8.20
- Management
RCW 35A.21.150
RCW 35.67
Smoke detection systems
RCW 48.48.140
Staggered terms; Councilmembers
RCW 35A.13.020
RCW 35A.12.040
RCW 35A.02.050
State shared excise taxes
RCW 35A.82.010
Streets, abandonment and vacation
RCW 35A.47.020
RCW 35.79
Subdivision regulation
RCW 58.17
MMC Title 16
Surety bonds; street construction
MMC 12.08.010
- Performance and maintenance bonds; frontage improvements
Tax levies
RCW 35.43
Unclaimed property; Police disposition of
RCW 63.32
Utilities; municipal ownership
RCW 35A.11.020
RCW 35A.21.120
RCW 35A.80
Vacancy in office
RCW 35A.13.020
Vehicles and traffic
MMC Title 10
Voting Rights Act
42 U.S.C. 1973c
Ward system option
RCW 35A.13.220
RCW 35A.12.180
Washington Public Disclosure Act
RCW 42.17
Washington Law Against Discrimination
RCW 49.60
Weapons, generally
RCW 9.41
:1
- Juveniles; school grounds
Zoning classifications and sources
Zoning; municipal
RCW 9.41.280
RCW 9.11.010
MMC 17.16
RCW 35A.63
MMC Title 17
NI
Glossary of Terms
Adjourn: to end the meeting
Agenda: a summarization of items scheduled to be heard and acted upon at a public meeting
Amend: to change a motion
Conflict of interest: exists when a Council Member may have a personal interest in the outcome
of a Council action. When a substantial conflict of interest exists, a City official must declare
such and refrain from participating in or influencing the discussion or vote on the item
Consent agenda: a listing of non -controversial items presented to Council for their collective
approval
Council packet: a compilation of Council Communications with reports and supporting
documentation for items to be considered by Council
Debate: discussion about a motion
Decorum: behavior that is conducive to carrying on debate in a smooth and orderly manner. To
maintain proper decorum and order, the following practices and customs are observed by
members of the assembly: (1) confining remarks to the merits of the pending question; (2)
refraining from attacking a member's motives; (3) addressing all remarks through the chair;
(4) avoiding the use of members' names; (5) refraining from speaking adversely on a prior
action not pending; (6) reading from reports, quotations, etc., only with permission; and, (7)
refraining from disturbing the assembly
Emergency clause: a clause added to ordinances or resolutions declaring them to be of more
than ordinary public need and necessity and putting them into effect immediately upon
adoption. Ordinances and resolutions adopted without the emergency clause go into effect
30 days from the date of adoption.
Formal action: an act or direction of the City Council directing things to be done or recorded, but
not requiring an ordinance or resolution
Germane: closely related to, or having bearing on, the subject
In order: relevant to the business at hand
Incidental motion: is a question of procedure that arises out of other motions. An incidental
motion must be considered before the other motion. Incidental motions yield to privileged
motions and to the motion to table. They are not debatable, except "appeal" and in this case,
the presiding officer may submit to the assembly for a decision. Motions of this classification
include (listed in order of precedence): (1) point of order; (2) appeal the decision of the chair;
(3) suspension of rules; and, (4) parliamentary inquiry
Main motion: introduces an item of business to the Council for its consideration. A main motion
cannot be made when another motion is before the Council. A main motion yields to
privileged, subsidiary and incidental motions
82
Majority: more than one-half of the members present
Miscellaneous motions: not conveniently classified as subsidiary, incidental, or privileged, but
which are in common use. These include: (1) take from the table; (2) reconsider; and (3)
rescind
Motion: a proposal that Council take a stand or take action on some issue
Municipal code: the codification of general ordinances adopted by Council. The City Clerk
maintains the municipal codebook.
Ordinance: an action that has the effect of making or amending or repealing substantive city law
Parliamentary procedure: a set of rules for conduct at meetings. It allows everyone to be heard
and to make decisions without confusion
Point of order: to raise a question of order. Point of order is pronounced when a member thinks
that the rules of the assembly are being violated, thereby calling upon the chair for a ruling
and an enforcement of the regular rules
Privileged motions: concern special or important matters not related to pending business.
Privileged motions are most urgent and are of highest importance. Such a motion takes
precedence over any pending question. Privileged motions are not debatable. They must be
concerned with the rights of the assembly as a whole and the rights of each member in
relation to the assembly. Privileged motions include the following and are listed in order of
precedence: (1) adjourn; (2) recess; (3) question of privilege
Protocol: a code prescribing strict adherence to correct etiquette and precedence
Quasi-judicial proceedings: those proceedings in which the City Council is required to make
findings based on an evidentiary record. In quasi-judicial proceedings, the City Council sits
as the judge and jury, and is required to make findings based on the evidence and records
presented. Examples of quasi-judicial proceedings heard by the City Council include open
record reviews, closed record reviews, and subdivision map approvals.
Quorum: the number of members that must be present for the meeting to be called to order and
to conduct business legally. A quorum of the Medina City Council consists of four members,
when all seven Council seats are filled.
Resolution: a formal, permanent, or long-standing expression of intent or public policy of the
City
Second: a verbal signal from a member that he or she wishes to consider a motion just made
Special meeting: an unscheduled public meeting of the City Council held to act on an item(s)
requiring immediate consideration. Special meetings must be posted 24 hours prior to the
time of the meeting in order to be held
Subsidiary motion: changes or affects how the main motion is handled. This motion is voted on
before the main motion. Subsidiary motions yield to all privileged and incidental motions and
subsidiary motions above it in order of rank: (1) lay on the table (postpone temporarily); (2)
10W
the previous question (close debate); (3) limit or extend limits of debate; (4) postpone
definitely or to a time certain; (5) commit, refer, or recommit to committee; (6) amend
(change or modify a motion); (7) postpone indefinitely (kill a motion)
Title: the lead-in paragraph of an ordinance or resolution declaring its purpose. The title appears
on the meeting agenda
Voting: the means by which motions are accepted or rejected by the Council
IM
Board & Commission Membership & Qualification Matrix
City of Medina
Advisory Boards & Commissions
Membership & Qualification Matrix
Membership
Term
Appointing Residency
Special
Length
Authority Requirements
Requirements j
Civil Service
3
6-year
City Resident of
Citizen of the
Commission
members
terms
Manager City of Medina
United States
for at least one
and an elector j
MMC 2.20
year
of King County
immediately
preceding
appointment
Board of Park
5
4-year
Mayor, with Resident of
None
Commissioners
members
terms
City Council City
consent
MMC 2.40
Planning
7
4-year
Mayor, with Resident of
None
Commission
members
terms
City Council City
consent
MMC 2.44
09
ITEM D - 3b
CITY COUNCIL OPERATIONS
PURPOSE
The purpose of this policy is to provide a framework for operation of the City Council of
the City of Medina. The City Council of the City of Medina serves without compensation
and is subject to Section 2.04 of the Medina Municipal Code.
APPLICATION
This policy applies to all City Council elected officials.
POLICY
MEETINGS
Regular Meetings
Regular meetings of the City Council shall be held on the second Monday of each month
and convene at 7:00 p.m. When the day for any regular meeting of the City Council falls
on a legal holiday, no meeting shall be held on such holiday, but such meeting shall be
held at the same hour on the next succeeding day.. which is not a holiday. All regular
meetings of the City Council shall be held at the Medina City Hall 501 Evergreen Point
Road, Medina, Washington
Study Sessions
Study Sessions of the City Council shall be held on the fourth Monday of each month
and convene at 7 00 p.m. When the day for any Study Session of the City Council falls
on a legal holiday, no meeting shall be held on such holiday, but such meeting shall be
held at the same hour on the next succeeding day, which is not a holiday. The Study
Session is an informal forum used by the City Council to review forthcoming programs of
the City, to receive progress reports on current issues, or to receive similar information
from the City Manager and others. All discussions and conclusions held during a
workshop are of an informal nature. No final action is taken while in a study session. All
Study Sessions of the City Council shall be held at the Medina City Hall, 501 Evergreen
Point Road, Medina, Washington, unless notice of an alternate location is posted at least
5 days prior to the date of the meeting.
Special Meetings
Special meetings may be called at any time by the Mayor or Deputy Mayor, or by the
written request of any three Council Members. Notice of a special meeting will be made
by the City Clerk by delivering personally, by mail, or by facsimile, written notice to each
member of the Council, the Official City newspaper, and to each local radio, television
station or other media who have on file with the City a written request to be notified of
such special meeting or of all special meetings at least 24 hours before the time of such
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. Such notice is not necessary for
any member who submits a written waiver of notice to the City Clerk at or before the
time set for the meeting, or for any member who is actually present at the special
meeting.
Special Emergency Meetings
A special emergency meeting may be called by the Mayor or by the majority of the City
Council where there exists:
1. A work stoppage, crippling disaster or other activity, which severely impairs
public health or safety; or
2. Such other circumstance specified by State law as authorizing the conduct of an
emergency meeting. Any special emergency meeting shall be called, noticed and
conducted only in accordance with the procedures set forth in State law.
Closed Sessions
The City Council may hold closed sessions during a regular or special meeting, or at any
time otherwise authorized by law, to consider or hear any matter, which it is authorized
by State law to hear or consider in closed session. If a closed session is included on the
agenda, the description of the item need only identify the statutory basis for the closed
session, and need not include the specific topic, which is the subject of the closed
session. During closed session, the City Council may exclude any person or persons,
which it is authorized by State law to exclude from a closed session. No minutes of the
proceedings of the City Council during a closed session are required. There shall be no
closed session during any special emergency meeting.
Adjourned Meetings
The City Council may adjourn any regular, adjourned regular, special or adjourned
special meeting to a time and place specified in the order of adjournment. If a quorum is
not present, less than a quorum may so adjourn. If all members are absent from any
regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned
to a stated time and place and shall cause a written notice of the adjournment to be
delivered personally to each Council member at least three (3) hours before the
adjourned meeting. A copy of the order or notice of adjournment shall be conspicuously
posted on or near the door of the place where the regular, adjourned regular, special or
adjourned special was held within twenty-four (24) hours after the time of adjournment.
When a regular or adjourned regular meeting is adjourned as provided herein, the
resulting adjourned regular meeting shall be a regular meeting for all purposes. When an
order of adjournment of any meeting fails to state the hour at which the adjourned
meeting is to be held it shall be held at the hour specified for regular meetings.
Agenda for Meetings
The City Clerk prepares the agenda for all such matters according to the order of
business and delivers or mails a complete copy of such agenda, together with
supporting materials, to each Council Member and each department head as soon as
possible, but in no event later than the Wednesday preceding the Council meeting.
All items of business to be discussed at a meeting of the City Council shall be briefly
described on the agenda. The description need not set out the specific action or
alternatives, which will be considered by the City Council, but should contain sufficient
detail so that a person otherwise unaware could determine the general nature of subject
matter of the item by reading the agenda.
TAKING ACTION AT A MEETING
No action shall be taken by the City Council, on any item not appearing on a posted
agenda, subject only to the exceptions listed in subsection (3) below. "Action taken" as
used herein shall mean a collective decision by a majority of the quorum of the City
Council, a collective commitment or promise by a majority of the quorum of the City
Council to make a positive or a negative decision, or an actual vote by a majority of the
quorum of the City Council upon a motion or proposal, resolution, order or ordinance.
With regards to matters not on the agenda, the members of the City Council may ask
questions of persons who raise such matters during the "Public Comment" period or
otherwise, but such questions should be limited to informational purposes, and the City
Council should avoid discussions of the merits or giving directions regarding such
subjects. With regards to matters raised by members of the City Council under "Items
from Members," such matters should normally be placed on the agenda without
discussion by the City Council.
Every agenda posted for any regular or special meeting shall contain an item consisting
of an opportunity for the public to address the City Council on items of interest to the
public within the City Council's subject matter jurisdiction. This Public Comment period
shall be conducted in accordance with the procedures set forth under Public Comment
of this policy.
Exceptions to Agenda Requirements for Action Taken
The City Council may take action at a meeting on an item not appearing on the agenda
for that meeting only under one (1) of the following circumstances:
1. Upon a majority determination that an "emergency situation," as that term is
defined by State law, exists.
2. Upon a determination by a two-thirds vote of the City Council, or if less than two-
thirds of the members are present by a unanimous vote of those members
present, that the need to take action arose subsequent to the agenda posting.
For the purposes of this subsection, the term "need to take action" shall mean
those circumstances whose occurrence creates a situation, which is materially
different from that which existed at the time the agenda was posted, and which
requires the immediate attention of the City Council. The mere failure of any
person to notify the City Council or staff of a pre-existing situation requiring City
Council attention until after the time for the posting of the agenda shall not be
deemed to constitute a "need to take action" hereunder. If the City Council makes
a determination pursuant to this subsection, the minutes of the meeting at which
the determination is made shall reflect what circumstances gave rise to the "need
to take action" and why the item could not be placed on the agenda.
3
3. Where the item upon which action is to be taken was included on a properly
posted agenda for a prior meeting of the City Council occurring not more than
five (5) calendar days prior to the date of the meeting at which action is to be
taken, and at the prior meeting the item was continued to the meeting at which
action is being taken.
POSTING OF NOTICE AND AGENDA
For every regular or special meeting, the City Clerk or his or her designee shall post a
notice of the meeting, specifying the time and place at which the meeting will be held,
and an agenda containing a brief description of all the items of business to be discussed
at the meeting. The notice and agenda may be combined in a single document.
The notice and agenda shall be posted in a place to which the public has unrestricted
access during at least normal business hours and where the notice and agenda are not
likely to be removed or obscured by other posted material.
For any regular meeting or study session of the City Council, the notice and agenda
shall be posted no later than seventy-two (72) hours prior to the time set for the meeting.
For any special meeting of the City Council, the notice and agenda shall be posted no
later than twenty-four (24) hours prior to the time set for the meeting.
Immediately following the posting of the notice and agenda, the City Clerk or his or her
designee shall complete an Affidavit of Posting, in a form to be developed by the City
Clerk. The Affidavit of Posting shall indicate the time of the posting, the location(s) of the
posting, and shall be signed under penalty of perjury. The City Clerk shall retain all such
affidavits, together with a copy of each notice and agenda so posted, in his or her files.
ORDINANCES, RESOLUTIONS, MOTIONS AND CONTRACTS
All ordinances shall be prepared by the City Attorney. No ordinance shall be prepared for
presentation to the City Council unless ordered by a majority vote of the City Council or
requested in writing by a member of the City Council or the City Manager, or prepared
by the City Attorney on his own initiative.
All ordinances, resolutions and contract documents shall, before presentation to the City
Council, have been approved as to form and legality by the City Attorney or his
authorized representative and shall have been examined and approved for the
administration by the City Manager or his or her authorized representative where there
are substantive matters of administration involved.
Ordinances, resolutions and other matters or subjects requiring action by the City
Council shall be introduced and sponsored by a member of the City Council; except that
the Mayor, City Manager or City Attorney may present ordinances, resolutions or other
matters or subjects to the City Council, and any Council Member may assume
sponsorship thereof by moving that such ordinances, resolutions or other matters or
subjects be adopted; otherwise they shall not be considered.
4
RULES OF ORDER FOR CONDUCT OF CITY COUNCIL MEETINGS
Order of Business
Promptly at the hour set by law on the day of each regular meeting, the members of the
City Council, the Mayor, the City Manager, and the City Attorney unless previously
excused by the Mayor, shall take their regular stations in the Council Chambers and the
business of the City Council shall be taken up for consideration and disposition in the
order set forth by Section 2.04.040 of Medina Municipal Code.
Duties of Presiding Officer, Signinq of Ordinances, Contracts, etc.
The Mayor, or in his or her absence, the Deputy Mayor, shall be the presiding officer,
and shall assume his or her place and duties as such immediately following election.
The Mayor shall preserve strict order and decorum at all meetings of the City Council,
state questions coming before the City Council, announce its decision on all subjects
and decide all questions of order; subject, however, to an appeal to the City Council as a
whole, in which event a majority vote of the City Council members present shall govern
and conclusively determine such question of order. The Mayor shall vote on all
questions, and on roll call, the Mayor's name shall be called last.
The Mayor shall sign all ordinances and resolutions adopted and contracts approved by
the City Council at meetings at which he or she is in attendance. In the event of his or
her absence, the Deputy Mayor shall sign such documents as have been adopted and
approved during the meeting at which he or she presided.
Call to Order, Absence of Mayor and Deputy Mayor
The Mayor, or in his or her absence, the Deputy Mayor, shall call the City Council to
order. In the absence of the Mayor and Deputy Mayor, the City Clerk or City Clerk's
designee shall call the Council to order, whereupon a temporary chairperson shall be
elected by the Council Members present. Upon the arrival of the Mayor or Deputy
Mayor, the temporary chairperson shall relinquish the chair at the conclusion of the
business then before the City Council.
Roll Call
Before proceeding with the business of the City Council, the City Clerk or City Clerk's
designee shall call the roll of the Council Members, and the names of those present shall
be entered in the minutes.
Quorum; Adiournment of Meeting When Quorum Not Present
A majority of the City Council constitutes a quorum for the transaction of business. When
there is no quorum, the Mayor, Deputy Mayor, or any Council Member shall adjourn
such meeting, or if no Council Member is present, the City Clerk or City Clerk's designee
shall adjourn the meeting.
5
Preparation of Minutes
The minutes of the City Council shall be kept by the City Clerk and shall be neatly
typewritten in a book kept for that purpose, with a record of each particular type of
business transaction set off in paragraphs, with proper subheads; provided, that the City
Clerk shall be required to make a record only of such business as was actually passed
by a vote of the City Council, and may at the direction of the City Council include a
summary of Council Member remarks and those of any other person addressing the City
Council.
As soon as possible after each City Council meeting, the City Clerk shall cause a copy of
the minutes thereof to be forwarded to each Council Member, the City Manager, the City
Attorney and the department heads.
Approval of Minutes
Unless the reading of the minutes of a City Council meeting is requested by a Council
Member, such minutes may be approved without reading if the City Clerk previously has
furnished each Council Member with a copy thereof stamped "draft." Nothing may be
added to the minutes; except that they may be amended by a majority vote of the City
Council members to reflect correctly the business of the City Council at such meeting.
RULES OF DEBATE
Presiding Officer May Debate and Vote. The presiding officer may move, second and
debate from the chair, subject only to such limitations of debate as are by these rules
imposed on all Council Members, and shall not be deprived of any of the rights and
privileges of a Council Member by reason of his or her acting as the presiding officer.
Interruptions. A Council Member, once recognized, shall not be interrupted when
speaking unless it is to call him to order or as herein otherwise provided. If a Council
Member, while speaking, is called to order, he shall cease speaking until the question of
order is determined to proceed.
Getting the Floor; Improper References To Be Avoided. Every Council Member desiring
to speak shall address the chair, and upon recognition by the presiding officer, shall
confine himself to the question under debate, avoiding all personalities and indecorous
language.
Motion To Reconsider. Motion to reconsider any action taken by the City Council may be
made only at the same meeting in which such action was originally taken. Such motion
must be made by one of the prevailing side, but may be seconded by any Council
Member and may be made at any time and shall have precedence over all other
motions, except while a Council Member has the floor. It shall be debatable. Nothing
herein shall be construed to prevent any Council Member from making or remaking the
same or other motion at a subsequent meeting of the City Council.
Disqualification and Abstention. No City Council Member shall be permitted to disqualify
himself and abstain from voting unless such disqualification shall have been approved
by the City Attorney in the public portion of a meeting or the unanimous vote of the
remainder of the City Council present. Unapproved disqualifications and abstentions
11
shall be counted by the City Clerk as an affirmative vote. This subsection will not apply
at the time of reorganization of the City Council.
Tied Votes Deemed Denial. All tie votes shall be deemed to be denials.
Silence Constitutes Affirmative Vote. Unless a Council Member states that he is not
voting, his silence shall be recorded as an affirmative vote.
Rules of Order. Except as otherwise provided in this section, the latest edition of
"Robert's Rules of Order, Revised" shall govern the conduct of the meetings of the City
Council. However, no ordinance, resolution, proceeding or other action of the City
Council shall be invalidated, or the legality thereof otherwise affected, by the failure or
omission to observe or follow such rules.
ADDRESSING THE CITY COUNCIL
Securing Permission; Right To Address Council. Any person desiring to address the
City Council shall first secure the permission of the presiding officer to do so; provided,
that under the following headings of business, unless the presiding officer rules
otherwise, any qualified and interested person shall have the right to address the City
Council upon obtaining recognition by the presiding officer.
Staff Reports. Interested parties or their authorized representatives may address the
City Council with regard to written communications referred to in the report of the City
Manager or any department head.
Group of Persons Addressing Council. Whenever a group of persons wishes to address
the City Council on the same subject matter, it shall be proper for the presiding officer to
request that a spokesperson be chosen by the group to address the City Council, and in
case additional matters are to be presented at the time by any other member of such
group, to limit the number of persons addressing the City Council, so as to avoid
unnecessary repetition before the City Council.
all 14100161&I &1=111►kI
Public Comment and Items From Members. During the Public Comment item of the
agenda, any member of the public may address the City Council on items of interest to
the public that are within the subject matter jurisdiction of the City Council. It must be
emphasized that no action may be taken on such matters without being placed on a
subsequent agenda, and members of the City Council should refrain from discussing the
merits or giving directions concerning such subjects.
Limitations. The Public Comment period shall be limited to no more than thirty (30)
minutes for all speakers, to be apportioned among all speakers who request time. No
single speaker shall be allotted more than five (5) minutes to address the City Council at
any one (1) meeting, unless this limitation is waived by the City Council.
Procedure:
7
1. Upon addressing the City Council, each speaker must first state his or her name
and address, and then identify the subject or subjects upon which he/she intends
to speak.
2. At the close of the speaker's comments, the Presiding Officer may ask staff to
respond to the speaker's comments. Thereafter, the chair shall make one of the
following determinations:
(a) The subject(s) raised do not require investigation or response.
(b) The subject(s) raised should be referred to staff for investigation and/or
response.
(c) The subject(s) raised should be placed on the agenda for the next
meeting for action by the City Council.
(d) Such other determination consistent with State law.
Other Agenda Matters. In addition to receiving comment from the public during the
Public Comment period, the presiding officer shall have the discretion to recognize
persons from the audience who wish to address the City Council on a particular agenda
item, at the time that item is considered by the City Council.
Items From Members. In addition to receiving comment from the public, there is a
specific item on the agenda for receiving general comments, announcements, and/or
suggestions from Members of the City Council. These matters may not be discussed
and if they do not concern an item on the agenda, shall be handled by the Presiding
Officer according to the same procedures set out for Public Comment. It must be
emphasized that no action may be taken on such matters without being placed on a
subsequent agenda.
PUBLIC HEARINGS
Matters that are required to be heard in a noticed public hearing shall be conducted in
the following manner:
Time for Consideration Matters noticed to be heard by the City Council shall commence
at the time specified in the notice of hearing, or as soon thereafter as is reasonably
possible, and shall continue until the same has been completed or until other disposition
of the matter has been made.
Continuance of Hearings. Any hearing being held or noticed or ordered to be held by
the City Council may, by order or notice of continuance, be continued or re -continued to
any subsequent meeting in the manner provided for adjourned meetings.
Conduct of Hearing. When a matter for public hearing comes before the City Council,
the presiding officer shall open the public hearing. Upon opening the public hearing the
presiding officer shall request that staff present the staff report and any other relevant
evidence, but the presentation of the staff report prior to the formal opening of the public
hearing shall not prevent its consideration as evidence. Any such evidence shall be
made a part of the record of the public hearing. The presiding officer shall thereupon
inquire if there are any persons present who desire to address the City Council on the
matter. Any person desiring to speak or present evidence shall then make his or her
presence known to the presiding officer, and upon being recognized, may speak or
111
present evidence relevant to the matter being heard. No person may speak without first
being recognized by the presiding officer. Members of the City Council who wish to ask
questions of the speakers or each other, during the public hearing portion, may do so.
Members should be mindful that the purpose of the public hearing is to obtain testimony,
and not to debate the merits of the item under consideration. Members should avoid
debate and expressions of personal opinion until after the close of the public hearing.
The presiding officer shall conduct the hearing in such a manner as to afford due
process to all affected persons.
All persons interested in the matter being heard by the City Council shall be entitled to
submit written evidence or remarks, as well as other graphic evidence. All such evidence
presented shall be retained by the City Clerk as part of the Clerk's record. Prior to
declaring the public hearing open, the presiding officer may establish a time limit for the
entire public hearing, or establish time limits for the presentation of each individual
speaker.
Upon closing of the public hearing by the presiding officer, no additional public testimony
shall be solicited or received by the City Council without reopening the public hearing.
DECORUM
By Council Members. While the City Council is in session, the members shall preserve
order and decorum, and a member shall neither, by conversation or otherwise, delay or
interrupt the proceeding or the peace of the City Council, nor disturb any member while
speaking or refuse to obey the orders of the City Council or the presiding officer, except
as otherwise herein provided.
By Other Persons. Any person, while in attendance at any City Council meeting, who
makes personal, impertinent or slanderous remarks, or who uses profane language or
language tending to bring the City Council or any of its members of any official of the
City into contempt, or any person who interrupts any proceeding of the City Council or
refuses or fails to be seated or keep quiet when ordered to so by the presiding officer,
shall be guilty of a misdemeanor and punishable by a fine not to exceed one hundred
dollars ($100.00) or by imprisonment in the City or County jail for a period not to exceed
ten (10) days, or by both such fine and imprisonment. Upon instructions of the presiding
officer, it shall be the duty of any police officer present to eject any such person from the
Council Chamber or place him under arrest, or both.
VOTING
A roll call vote shall be taken upon the passage of all ordinances, resolutions and orders
for the payment of money, and be entered in the minutes of the proceedings of the City
Council. Upon request of any Council Member, a roll call vote shall be taken and
recorded on any vote. Whenever a recorded or roll call vote of the City Council is in
order, the City Clerk shall call the names of the members in roll call order.
I
MOTION TO ADJOURN
A motion to adjourn always shall be in order, and shall be decided without debate.
PROCEDURE FOR CONSIDERATION OF DEMANDS FOR CORRECTIVE ACTION
Requirement of Written Demand. Prior to any person's commencing a judicial action for
injunction or mandamus to declare any action taken by the City Council void because of
failure to observe Brown Act requirements, such person must first serve upon the City
Clerk a written demand describing the alleged violation and demanding corrective action.
Such demand must be served upon the City Clerk within thirty (30) days of the action so
complained of.
Consideration of Corrective Action. Upon receipt of such a demand, consideration of the
demand shall immediately be placed on the agenda for the next meeting of the City
Council. If the demand is received less than seventy-two (72) hours prior to the time set
for the next meeting, the City Council may determine that the notice constitutes the
initiation of litigation, and that the need to take action on the threatened litigation arose
subsequent to the posting of the agenda, and may consider it at that meeting pursuant to
the requirements of a Closed Session. A description of any item so placed on the
agenda shall include both consideration of the demand, and the possibility of corrective
action by the City Council.
In considering such demands, the City Council shall first determine by motion whether
corrective action should be taken. If no motion to take corrective action is carried the City
Clerk shall inform the demanding party in writing of the City Council's decision not to
cure or correct the challenged action.
Implementing Corrective Action. If a motion to take corrective action passes, the
presiding officer may entertain a motion implementing corrective action. Any motion
implementing corrective action shall address the concerns raised in the consideration of
corrective action. The motion implementing corrective action may include a motion to
rescind prior action taken, as appropriate. Passage of a motion to rescind invalidates
prior action only as of the time of the passage of the motion, and not from the date of the
initial action. A motion implementing corrective action resulting from a written demand is
out of order if the action complained of: (a) was in connection with the sale or issuance
of notes, bonds or other evidences of indebtedness, or any contract, agreement or
incident thereto; (b) gave rise to a contractual obligation upon which a party has, in good
faith, detrimentally relied; or (c) was taken in connection with the collection of any tax. In
any event, the City Council shall notify the party making the demand in writing of its
decision to take corrective action, and shall describe any corrective action taken. This
notice shall be given to the demanding party as soon as possible after the meeting, but
in no event more than thirty (30) days after receipt of the demand.
10
ANNUAL DUTIES OF THE CITY COUNCIL
Council Reorganization
Biennially, at the January City Council meeting following election of a new City Council,
the City Council conducts a reorganization of the Mayor and Deputy Mayor
responsibilities. Nominations are made by the Council pursuant to a schedule of
proceedings prepared by the City Clerk.
City Council Committees
Committees of Council are appointed by the Mayor annually to serve within assigned
areas of responsibility for the purpose of gathering and studying information. Citizens at
large may be included to assist in carrying out a Committee's charges. The majority vote
of the City Council at a regular, adjourned or special Council meeting will be required for
approval of Committee recommendations and/or for any specific Committee authority to
carry out a task.
Appointments are typically made at the January City Council meeting. City staff
maintains a roster of Committees and Committee activities.
Annual Tour
Annually, the City Council, City Manager and Director of Public Works tour the City to
assess physical infrastructure needs and potential capital improvement projects. Upon
completion of the tour, the City Manager or City Manager's designee will prepare
recommended capital projects or beautification projects for inclusion in the annual
operating budget.
Adoption of Annual Operating Budget
Annually, the City Council reviews and approves an operating budget for the City of
Medina. The fiscal year is from January 1 through December 31. The budget is typically
adopted prior to December 31 of each year. The City Manager is responsible for
preparation of the annual operating budget and presentation to the City Council.
Appearances, Presentations and Proclamations
Periodically, the City Council will recognize members of the community, organizations, or
entities that have contributed positively to the City of Medina through economic means,
enhanced the quality of life, or by nature of their activities contributed to the positive
outlook of the community. These recognitions are typically accomplished by appearance
before the City Council and presenting the individuals with a certificate of recognition.
On occasion the City Council will adopt a proclamation of support or opposition
regarding particular issues.
City staff will typically prepare all presentations and proclamations at the request of the
City Council.
11
Use of City Letterhead
In general, City staff produces all official correspondence by members of the City
Council using City letterhead. Committee chairs are authorized to produce
correspondence on City letterhead providing that the viewpoint represents a majority of
the City Council and a copy of the correspondence is provided to the City Clerk prior to
distribution.
12
ITEM D — 3c
CITY OF MEDINA
PROPOSED COUNCIL PROTOCOLS
All Council Members
All members of the City Council, including those serving as Mayor and Deputy Mayor,
have equal votes. No Council Member has more power than any other Council Member,
and all should be treated with equal respect.
All Council Members should:
• Demonstrate honesty and integrity in every action and statement
• Serve as a model of leadership and civility to the community
• Inspire public confidence in Medina government
• Work for the common good, not personal interest
• Prepare in advance of Council meetings and be familiar with issues on the
agenda
• Fully participate in City Council meetings and other public forums while
demonstrating respect, kindness, consideration, and courtesy to others
• Participate in scheduled activities to increase Council effectiveness
• Review Council procedures, such as these Council Protocols, at least annually
• Represent the City at ceremonial functions at the request of the Mayor
■ Be responsible for the highest standards of respect, civility and honesty in
ensuring the effective maintenance of intergovernmental relations
• Respect the proper roles of elected officials and City staff in ensuring open and
effective government
• Provide contact information to the City Clerk in case an emergency or urgent
situation arises while the Council Member is out of town
ITEM D — 3c
Council Conduct with One Another
Councils are composed of individuals with a wide variety of backgrounds, personalities,
values, opinions, and goals. Despite this diversity, all have chosen to serve in public
office in order to improve the quality of life in the community. In all cases, this common
goal should be acknowledged even as Council may "agree to disagree" on contentious
issues.
In Public Meetinas
■ Use formal titles.
The Council should refer to one another formally during Council meetings as Mayor,
Deputy Mayor or Council Member followed by the individual's last name.
• Practice civility and decorum in discussions and debate.
Difficult questions, tough challenges to a particular point of view, and criticism of ideas
and information are legitimate elements of a free democracy in action. Be respectful of
diverse opinions.
• Honor the role of the presiding officer in maintaining order and equity.
Respect the Chair's efforts to focus discussion on current agenda items. Objections to
the Chair's actions should be voiced politely and with reason, following the parliamentary
procedures outlined in the City Council Procedural Rules.
■ Demonstrate effective problem -solving approaches.
Council Members have a public stage to show how individuals with disparate points of
view can find common ground and seek a compromise that benefits the community as a
whole. Council Members are role models for residents, business people and other
stakeholders involved in public debate.
■ Be respectful of other people's time.
Stay focused and act efficiently during public meetings.
In Private Encounters
■ Treat others as you would like to be treated.
Ask yourself how you would like to be treated in similar circumstances, and then treat
the other person that way.
ITEM D — 3c
Council Conduct with City Staff
The key provisions on Council -staff relations found in section 35A.13.110 of the Revised
Code of Washington:
"Neither the council nor any of its committees or members shall direct, the appointment
of any person to, or his removal from, office by the city manager or any of his
subordinates. Except for the purpose of inquiry, the council and its members shall deal
with the administrative service solely through the city manager and neither the council
nor any committee or member thereof shall give orders to any subordinate of the city
manager, either publicly or privately. The provisions of this section do not prohibit the
council, while in open session, from fully and freely discussing with the city manager
anything pertaining to appointments and removals of city officers and employees and
city affairs. "
Governance of a City relies on the cooperative efforts of elected officials, who set policy,
and City staff, which analyze problems and issues, make recommendations, and
implement and administer the Council's policies. Therefore, every effort should be made
to be cooperative and show mutual respect for the contributions made by each individual
for the good of the community.
• Treat all staff as professionals.
Clear, honest communication that respects the abilities, experience, and dignity of each
individual is expected. As with your Council colleagues, practice civility and decorum in
all interactions with City staff.
• Channel communications through the appropriate senior City staff.
Questions of City staff should be directed only to the City Manager, City Attorney, City
Clerk, or Department Heads. The Office of the City Manager should be copied on any
request to Department Heads. Council Members should not set up meetings with
department staff directly, but work through Department Heads, who will attend any
meetings with Council Members. When in doubt about what staff contact is appropriate,
Council Members should ask the City Manager for direction. However, nothing in these
protocols is intended to hinder the access Council -appointed liaisons may require in
order to fulfill their unique responsibilities.
• All Council Members should have the same information with which to make
decisions.
• Never publicly criticize an individual employee, including Council -Appointed
Officers. Criticism is differentiated from questioning facts or the opinion of staff.
All critical comments about staff performance should only be made to the City Manager
through private correspondence or conversation.
• Do not get involved in administrative functions.
Avoid any staff interactions that may be construed as trying to shape staff
recommendations. Council members shall refrain from coercing staff in making
recommendations to the Council as a whole.
ITEM D — 3c
■ Never publicly criticize an individual employee, including Council -Appointed
Officers. Criticism is differentiated from questioning facts or the opinion of staff.
All critical comments about staff performance should only be made to the City Manager
through private correspondence or conversation.
■ Do not get involved in administrative functions.
Avoid any staff interactions that may be construed as trying to shape staff
recommendations. Council Members shall refrain from coercing staff in making
recommendations to the Council as a whole.
■ Be cautious in representing City positions on issues.
Before sending correspondence related to a legislative position, check with City staff to
see if a position has already been determined. When corresponding with
representatives of other governments or constituents, remember to indicate if
appropriate that the views you state are your own and may not represent those of the
full Council.
■ Do not attend staff meetings unless requested by staff.
Even if the Council Member does not say anything, the Council Member's presence may
imply support, show partiality, intimidate staff, or hampers staff's ability to do its job
objectively.
■ Respect the "one hour" rule for staff work.
Requests for staff support should be made to the appropriate senior staff member,
according to the protocol for channeling communications. Any request, which would
require more than one hour of staff time to research a problem or prepare a response,
will need to be approved by the full council to ensure that staff resources are allocated in
accordance with overall council priorities. Once notified that a request for information or
staff support would require more than one hour, the Council Member may request that
the City Manager place the request on an upcoming Council agenda.
■ Depend upon the staff to respond to citizen concerns and complaints.
It is the role of Council Members to pass on concerns and complaints on behalf of their
constituents. It is not, however, appropriate to pressure staff to solve a problem in a
particular way. Refer citizen complaints to the appropriate senior staff member,
according to the protocol on channeling communications. The senior staff member
should respond according to the Policy and Procedure for Responding to Customer
Complaints. Senior staff is responsible for making sure the Council Member knows how
the complaint was resolved.
■ Do not solicit political support from staff.
The Revised Code of Washington prohibits the city manager or any other person in the
employ of the city from taking part in securing or contributing any money toward the
nomination or election of any candidate for a municipal office. In addition, some
professionals (e.g., City Manager and the City Clerk) have professional codes of ethics,
which preclude politically partisan activities or activities that give the appearance of
political partisanship.
4
ITEM D — 3c
Council Conduct With Boards and Commissions
The City has established several Boards and Commissions as a means of gathering
more community input. Citizens who serve on Boards and Commissions become more
involved in government and serve as advisors to the City Council. They are a valuable
resource to the City's leadership and should be treated with appreciation and respect.
Council Members serve as liaisons to Boards and Commissions, according to
appointments made by the Mayor, and in this role are expected to represent the full
Council in providing guidance to the Board or Commission. In other instances, Council
Members may attend Board or Commission meetings as individuals, and should follow
these protocols:
• If attending a Board or Commission meeting identify your comments as personal
views or opinions.
Council Members may attend any Board or Commission meeting, which are always
open to any member of the public. Any public comments by a Council Member at a
Board or Commission meeting, when that Council Member is not the liaison to the Board
or Commission, should be clearly made as individual opinion and not a representation of
the feelings of the entire City Council.
■ Limit contact with Board and Commission members to questions of clarification.
It is inappropriate for a Council Member to contact a Board or Commission member to
lobby on behalf of an individual, business, or developer, or to advocate a particular
policy perspective. It is acceptable for Council Members to contact Board or
Commission members in order to clarify a position taken by the Board or Commission.
■ Remember that Boards and Commissions are advisory to the Council as a
whole, not individual Council Members.
The City Council appoints individuals to serve on Boards and Commissions, and it is the
responsibility of Boards and Commissions to follow policy established by the Council.
Council Members should not feel they have the power or right to threaten Board and
Commission members in any way if they disagree about an issue. A Board or
Commission appointment should not be used as a political "reward."
• Concerns about an individual Board or Commission member should be pursued
with tact.
If a Council Member has a concern with the effectiveness of a particular Board or
Commission member and is comfortable in talking with that individual privately, the
Council Member should do so. Alternatively, or if the problem is not resolved, the
Council Member should consult with the Mayor, who can bring the issue to the Council
as appropriate.
■ Be respectful of diverse opinions.
A primary role of Boards and Commissions is to represent many points of view in the
community and to provide the Council with advice based on a full spectrum of concerns
and perspectives. Council Members may have a closer working relationship with some
individuals serving on Boards and Commissions, but must be fair to and respectful of all
citizens serving on Boards and Commissions.
ITEM D — 3c
• Keep political support away from public forums.
Board and Commission members may offer political support to a Council Member, but
not in a public forum while conducting official duties. Conversely, Council Members may
support Board and Commission members who are running for office, but not in an
official forum in their capacity as a Council Member.
■ Maintain an active liaison relationship.
Appointed Council liaisons are encouraged to attend all regularly scheduled meetings of
their assigned Board or Commission, or to arrange for an alternate.
Staff Conduct with City Council
• Respond to Council questions as fully and as expeditiously as is practical.
The protocol for staff time devoted to research and response is in application here. If e
Council Member forwards a complaint or service request to a department head or the
City Manager, there will be follow-through with the Council Member as to the outcome.
• Respect the role of Council Members as policy makers for the City
Staff is expected to provide its best professional recommendations on issues. Staff
should not try to determine Council support for particular positions or recommendations
in order to craft recommendations. The Council must be able to depend upon the staff to
make independent recommendations. Staff should provide information about
alternatives to staff recommendations as appropriate, as well as pros and cons for staff
recommendations and alternatives
• Demonstrate professionalism and non-partisanship in all interactions with the
community and in public meetings
• It is important for the staff to demonstrate respect for the Council at all times.
■ All Council Members should be treated equally.
ELECTRONIC MAIL COMMUNICATIONS
As society evolves in an increasingly electronic world, we need to have a reliable system
to record and make public all e-mail communications and responses to and from Council
Members. Staff commits to working to create and implement such a system.
OTHER PROCEDURAL ISSUES
■ Commit to annual review of important procedural issues.
At the beginning of each calendar year following a municipal election, the Council will
review the Council protocols, adopted procedures for meetings, elect a Mayor and
Deputy Mayor, appoint Council Committees, and handle other important procedural
issues.
6
ITEM D — 3c
• Don't politicize procedural issues (e.g. minutes approval or agenda order) for
strategic purposes.
• Submit questions on Council agenda items ahead of the meeting.
In order to focus the Council meetings on consideration of policy issues and to maintain
an open forum for public discussion, questions which focus on the policy aspects of
agenda items should be discussed at the Council meeting rather than in one-on-one
communications with staff prior to the meetings. Any clarifications or technical questions
that can be readily answered can be handled before the meeting. Council Members are
encouraged to submit their questions on agenda items to the appropriate Department
Head or City Manager as far in advance of the meeting as possible so that staff can be
prepared to respond at the Council meeting.
• Respect the work of the Council standing committees.
The purpose of the Council standing committees is to provide focused, in-depth
discussion of issues. Council should respect the work of the committees and recommit
to its policy of keeping unanimous votes of the committees on the consent calendar.
■ The Mayor and Deputy Mayor should work with staff to plan the Council
meetings.
There are three purposes to the pre -Council planning meeting: 1) to plan how the
meeting will be conducted; 2) to identify any issues or questions that may need greater
staff preparation for the meeting; and 3) to discuss future meetings. The purpose of the
meeting is not to work on policy issues. Normally, only the Mayor and Deputy Mayor are
expected to attend the pre -Council meetings with the City Manager.
Note: Enforcement of these protocols will be the focus of continued Council discussion