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HomeMy WebLinkAbout03-28-2011 - Supplemental MaterialsRachel Baker From: Rachel Baker Sent: Friday, March 19, 2010 4:57 PM To: City Council Mail Cc: Donna Hanson; 'steve@ keyondisend.com' Subject: Study Session Materials Attachments: city council guidelines manual revised 2010.doc; city council guidelines manual 12222009.doc The following two documents are attached to help you prepare for discussion item OB-4 on Monday's study session agenda: 1. Current City Council Guidelines 2. Edited Guidelines incorporating suggested and already approved changes not previously added Key for edited document: a. Gray highlights: areas for council consideration regarding current relevancy of information b. Strikeouts: areas not current c. Bold/underline: areas added either due to council approved changes or suggested changes for discussion Please note the city attorney has not yet reviewed the edited document, particularly regarding social media which will require legal review and revisions. Feel free to call/email if you have questions. Rachel .. t City of Medina City Council Ground Rules for City Council Meetings and Council/Staff Interaction The following ground rules are established by the Medina City Council to guide how the city council conducts its business at city council meetings and interacts with city staff. The goal is to provide direction in how council members are expected to treat one another, city staff, constituents and others they come into contact with in representing the city of Medina. It further clarifies the city council's expectations of citizens and staff in the conduct of city business. 1. City Council Meetings City council meetings are most effective when a. Everyone on the council participates in discussion and voting (unless an individual member has a conflict). b. Meetings start on time and end on time (or early). c. The goal for each agenda item is clear and results in a decision. d. The council moves forward expeditiously without rehashing previously discussed information or engaging in conversation with the public during the business meeting. e. The city council conducts itself in a courteous, professional and respectful manner toward each other, the staff and the public. f. Council members maintain a balanced perspective, a sense of humor and have some fun in conducting the public's business. g. The staff (especially the city manager and city attorney) participate in council discussions by offering guidance, advice, options and draws upon their professional experience. h. The mayor uses the gavel to control the meeting and move it along including exercising the prerogative of the chair to call for timely breaks. L Council members do not surprise one another or staff at a public meeting with anything that could be discussed before- hand so that council members and staff can be prepared to respond. j. Council members speak with one voice once a vote has been taken and do not work to undermine the decision of the council. k. Council members read the agenda packet before hand and come to council meetings well prepared. I. Council members contact the appropriate staff with questions before the meeting. m. There is effective citizen participation/comment which is: I. Courteous. ii. Respectful. iii. To take place during the public comment portion of a Regular meeting only. iv. Not interrupting a presentation or Council discussion. V. Limited to three minutes and Council members do not engage the speaker in a discussion but rather refer the matter to the City Manager for an appropriate response and the public is informed of this practice '0�the beginning of the meeting. vi. On any issue on the Council agenda or any other item on which they choose to address. vii. A summary of more lengthy written material being submitted. viii. Not simply a reading of an item into the record. n. Items on the council agenda will be addressed in the following order: i. An introductory staff presentation including background, analysis, options and a recommendation. ii. City council questions of staff. iii. City council discussion among itself. iv. Public comment is limited to one minute each and only if they have new information that has not already been mentioned or provided. V. Final city council discussion. vi. City council decision. 2. Other City Council Ground Rules a. Council member contact outside council meetings: It is considered acceptable for council members to contact each other outside council meetings for the purpose of obtaining information, answers to questions, etc. It is not appropriate to use such contact for the purpose "locking up" votes on an issue prior to a Council meeting to the exclusion of full debate, discussion and considered decision making among all members of the city council. b. Attendance via speaker phone: Each member of the city council is granted one meeting per year where he/she may be in attendance via speaker phone. 3. City Council/Staff Interaction Ground Rules In addition to the ground rules above which apply to the staff, the following also apply to council/staff interaction. a. Council members may ask for up to one hour of research on a city related topic or issue as long as the cumulative effect does not take staff away from accomplishing the council's work plan or work authorized by the city council. Anything requiring more staff time should be brought to the full city council consideration. b. Information generated by staff or addressed to the city council will be sent to the city council first and anything going to one Council Member will be sent to all council members. c. City staff should not lobby individual council members on any matters but rather should work through the city manager. d. Council members should not publicly criticize the city staff. If there are concerns it should be discussed with the city manager privately. e. Council members should at all times be respectful of staff and treat them as professionals. Approved by city council October 12, 2009. Medina City Council 2009 Strategic Goals Adopted 5-11-09 The following goals are not listed in priority order but reflect the City Council's Strategic Goals for roughly the next five to ten years. A. Highway 520: Protect Medina's interests impacted by the SR 520 construction project including but not limited to lid design, tolling, transit, park and ride, noise walls, access to Seattle via 84Ih and control of land use adjacent to the 520 right-of-way B. Local Traffic: Develop a plan and implementation strategies for traffic safety and calming, which may include more visible entry points into the City, to discourage speeding and cut -through traffic and encourage safe pedestrian and bicycle access C. Public Safety: Reach a full complement of police staff and promote public safety through policies that support education, emergency preparedness, and effective and efficient use of technology in order to maintain a safe and secure community D. Facilities and Infrastructure: Develop and implement a capital improvement plan that identifies needed projects and financing strategies for city hall remodel, public works shop facilities, park expansion, underground utilities, pedestrian walkways and trails, and storm water improvements E. Land Use: Ensure that Medina's Comprehensive Plan, building and zoning codes protects the natural suburban environment and the quality and character of the City through processes that are clear and well understood and serve both owners and neighbors 8398 NORTHEAST 12 STREET I PO BOX 144 1 MEDINA WA 98039-0144 TELEPHONE 425-233-6400 1 www.medina-wa.gov March 28, 2011 To: Mayor and City Council Via: Donna Hanson, City Manager From: Rachel Baker, Central Services Director Subject: Communications Goals/Strategies The information below presents both potential challenges and goals associated with the City's communication efforts to reach, engage and educate citizens and other civic participants. Current methods used to share information and recommended solutions to enhance communication efforts are also incorporated. Communication Challenges Communication challenges to consider may include: • Staff and financial resource constraints for providing accurate and timely messages • Legal requirements associated with Public Records Act and records retention guidelines • How to avoid burdening communication recipients with too much information • How to keep messages fresh and appealing • Audience members without Internet access Communication Goals Communication goals may include the following: • Driving public to the City's website • Increasing E-notice subscriptions • Delivering timely information about City services, programs, and events • Providing well-timed messages concerning decisions and issues affecting the community • Communicating City Council goals and directives • Encouraging citizen awareness and participation of City issues • Enhancing the City's role as a proactive and interactive provider of services and information • Creating a positive and interconnected sense of community Methods of Communication Current approaches employed to deliver news, events, records and information include: • A -board signs • Banners, posters • Citizen Help Desk • City hall customer service, reception and telephone • Direct periodic mailings (ie: notices, postcards, etc.) • Electronic mail (staff, city council mail, etc.) • E-lerts • E-notices • File Pro • Govdelivery Current Costs • Informational brochures • Monthly and annual reports • Paid legal notices • Press releases • Public hearings • Public meetings • Publicly posted notices • Voice mail (inspection, main, and emergency lines) • Website • Social media (future consideration) Annual costs related to current communication resources include: • City council directed monthly postcard: $10,000 (projected); $2,600 (budgeted) • City staff time • City website: $900 • FilePro: $4,000 • Govdelivery: $2,400 Recommended Solution • Monthly postcard mailing to all Medina addresses replacing quarterly newsletter. (The first postcard was received in mailboxes March 23 and mailings are planned to continue once per month during 2011.) • Monthly postcard highlighted on home page of City's website to extend usefulness. • Postcard headlines linked into website to direct viewers to more information. • Adding and maintaining current, relevant and regular news headlines on City's home page with fixed links for viewing remainder of item. • Increase Govdelivery subscription base and email alerts to subscribers • Install terminal for public access to website city hall w SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOX! Visit www.medina-wa.eov and click on E-Notice Program. ppw CN to l0 Ln C N H ' C L r4 O N H a ti O a •y N � � \ 1 N M (7� L 0 w = > Z u a Va ;; to u M. 0-2 L U N m 'A \ .a (A M C O -O R n - �. 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U Vt i1 N D m "6 > ut OJ n. m n o c E m w w o c N v rIj o u = fO c c U c O vi m O 0 2 n O H 2 cc 0 to t to n. 0 > 0 0 > z 0 CL > O c Ul o E c0)o E u > w U n. z t'4 m to N N 0 Y O .0 fU6 .0 u U 46 C y N c 3 E a, Z o. � O u 0 to v L1 C 3 � v° >, c U 2 7 tC1 � 'O C N U d 'e m v M aEi u > o w t c Y C a Y CL •O a a o N 0) N M C C p U a.,U N C N u C � a aci Rr 00 E -0 ttci v y Ln m aci v LO m v v c v E w v CL c v CL 3 uw w u Q w CL w a Z m 00 n 0000 U l m m O u 0 C C 7 3 R C (v 0)N w w > 3 ' c (D T > O o VZ Us.0 U U c CITY OF MEDINA CITY COUNCIL GUIDELINES Adopted April 12, 2004 Updated: December. 2WO w\ 53 Suggestions for Successful Public Service Learn all you can about your city, its history, its operation, its financing. Do your homework. Know your city ordinances. Dust off your comprehensive plan. 2 Devote sufficient time to your office and to studying the present and future problems of your community. 3 Don't burn yourself out on the little things, but recognize that they are often important to the public. Save some energy — and time — for the important matters. 4 Don't act as a committee of one; governing a city requires a team effort — practically and legally. 5 Don't let honest differences of opinion within the governing body degenerate into personality conflicts. 6 Remember that you represent all the people of your community, not just neighbors and friends. Be wary of personal experiences coloring your public decisions. 7 Take your budget preparation job seriously for it determines what your city does or does not do for the coming year, and will influence what happens in future years as well. 8 Establish policy statements. Written policy statements let the public, and the city staff, know where they stand.They help the governing body govern, and writing them provides a process to develop consensus. 9 Make decisions on the basis of public policy, and be consistent. Treat similar situations similarly and avoid favoritism. 10 Focus your attention on ways to prevent problems rather than just trying to solve them as they occur. Filling potholes is one approach to governing — developing plans to prevent them is more important. 11 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. 12 Don't be afraid of change. Don't be content to just follow the routine of your predecessors. Charge your appointed officers and employees with being responsible for new ideas and better ways. Listen to what they have to say. 1 3 Don't rush to judgment. Few final actions have to be taken at the first meeting they are considered. Avoid crisis management. 14 Don't give quick answers when you are 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. 1 5 As an individual, even if you are the mayor, don't make promises you can't deliver! Most decisions and actions require approval of the governing body, and this takes a majority vote. P) 6 Remember that you have legal authority as a governing body member only when the governing body is in legal session. 1 7 Don't spring surprises on your fellow governing body members or your city staff, especially at formal meetings. If a matter is worth bringing up for discussion, it's worth being on the agenda. Surprises may get you some publicity, at the embarrassment of others, and tend to erode the team approach to governance. 8 Conduct your official public meetings with some formality, and follow rules of procedure. Have an agenda, and follow it. Most governing body members agree that formal meetings expedite the process, and tend to promote better decision making. 19 Participate in official meetings with the dignity and decorum fitting those who hold a position of public trust. Personal dress and courteous behavior at meetings help create an environment for making sound public decisions. 20 Don't be afraid to ask questions. It is one of the ways we learn. But do your homework by studying agenda material before meetings. 21 Vote yes or no on motions. Don't cop out by abstaining, except when you have a conflict of interest.A pass does not relieve you of responsibility when some decision must be made. 3 22 Once a majority decision of the governing body has been made, respect that official position, and defend it if needed, even if you personally disagree. 23 Respect the letter and intent of the open meetings law. But also keep private and confidential matters to yourself — don't gossip. 24 Retain competent, key employees. Pay them well, trust their professional judgment and recognize their authority and responsibilities. 2 5 Don't bypass the system! If you have a manager or other chief administrative officer, stick to policymaking and avoid personal involvement in the day-to-day operations of the city. If you do not have an administrative officer, make sure you have some management system that officers, employees, and the public understand. 26 Don't let others bypass the system. Insist that people such as equipment or service suppliers first work with your city staff. If direct contact with governing body members is necessary, it should be with the governing body as a whole, or a committee, and not on a one-on-one basis. 27 Don't pass the buck to the staff or employees when they are only following your policies or decisions. 28 Don't always take no for an answer. The right question may be "How can we do this?" instead of "May we do this?" Be positive! 4 29 Learn to evaluate recommendations and alternative courses of action.Ask your staff to provide options. Encourage imaginative solutions. 30 Avoid taking short-term gains at the expense of long- term losses. Be concerned with the long-term future of the city. 31 Be friendly and deal effectively with the news media. Make sure what you say is what you mean. Lack of good communication, with the media and the public, is one of the big problems of cities. 3 2 Remember that what you say, privately and publicly, will often be news. You live in a glass house. Avoid over - publicizing minor problems. 33 In determining the public interest, balance personal rights and property interests, the possible harm to a few versus the good of the many. Recognize that in some situations, everyone can't be a winner. 34 Remember that cities are for people! Be concerned with the total development — physical, economic and social — of your community. 3 rJ 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. 5 3 6 Know your neighbors. Get to know the officials of neighboring and similar size cities.Visit other cities, particularly those with a reputation of being well run. 3 7 Keep your constituents informed, and encourage citizen participation. 3 8 Learn to listen — really listen — to your fellow governing body members and the public. Hear what they are trying to say, not just the words spoken. 3 9 Expect and respect citizen complaints. Make sure that your governing body members, and your city, have a way to effectively deal with them. Have a follow-up system. 40 Be careful about rumors. Check them out. Help squelch them when you know they are false. 41 Appoint citizen advisory committees and task forces when you need them, but be prepared to follow their advice if you use them. 42 Take care in your appointments to boards and commissions. Make sure they are willing and capable as well as representative of the whole community. 43 Never allow conflicts of interest to arise between your public duties and your private interests. Be sensitive to actions you take that might even give the appearance of impropriety. 0 44 Seek help. Use manuals, guides and other technical assistance and information available from AWC and other agencies. Attend workshops and conferences put on for the benefit of you and your city. 45 Pace yourself. Limit the number of meetings you attend. Set some priorities, including the need to spend time with your family. Recognize that life — and the city — is dependent on a lot of things you have little control over. 46 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. 47 Establish some personal goals and objectives. What do you want to help accomplish this year? Next year? 48 Help develop some short-term and long-term goals and objectives for your city and check your progress at least every six months. 49 Help your city develop a vision of the future. Plan going from the future to the present and listen to different community voices along the way. 550 Focus on the future, and try to leave your city better than that which you inherited as a city officer. 5 7 51 At least once a year, schedule a governing body discussion about how you are governing. Review the processes and procedures. Sit back and ask,"How are we doing? How can we do things better?" 52 Be enthusiastic about your public service, and the privilege you have, and let the public know it. But maintain your sense of humor. Don't take yourself or the business of government so seriously that you don't enjoy it. It should be fun as well as a rewarding experience. 5 3 Celebrate! Always focusing on problems and issues may lead you and the public to believe that nothing positive ever happens. Good things do happen. Let the public share our successes. 0 Approaches to Governing Public officials have different styles or approaches to governing. It is vital that a governing body, and its members, spend at least some time on governing — leadership, providing direction, and making policy. Once in a while sit back and think about "Where do I, an individual, spend most of my time?" "Where does my governing body spend most of its time?" "Where should we spend more of our time?" Ask yourself the following questions: • Do you often propose, or do you usually dispose of those matters brought before you? • Do you act, or do you primarily react? • Do you plan ahead, or do you spend most of your time responding to the immediate issues confronting you? • Are you concerned about tomorrow, or mostly about today? • Do you initiate, or do you mostly review? • Are you more concerned with preventing problems, or in solving problems once they occur? • Are you responsive to change, or more interested in preserving the status quo? • Are you a homemaker, or a housekeeper? (There is a difference between the two.) • Do you try to exercise control, or are you primarily controlled by events and the actions of others? • Do you provide some sense of direction to your government, or do you muddle through? • Do you manage, or are you managed? 0 • Are you part of an organized team, or a collection of people? • Do you lead, or do you follow? • Do you set goals, or do you specialize in crisis management? • Do you make policy, or simply accumulate policy by individual actions? • And finally, do you govern, or are you governed? Use the table on the following page to summarize your answers. For each approach, write down the percentage of time you spend, totaling 100%. For example, you may spend 10% for propose, and 90% for dispose.Then do the same thing for your governing body as a whole on the table that follows. Looking at the proportionate amount of time spent on each of the options can bring some misleading connotations.The quality of effort may be much more significant than quantity of time.A typical governing body may spend less than 10% of its time on the left hand side. Given the nature of public service at the local level, the great bulk of time must normally be spent on day-to-day concerns, commonly on the right hand side of the ledger. In helping you more clearly see where you and your governing body spend most of your time, these tables may help you answer the question "Where should we spend more time?" E Percentage of time spent by you: I. Propose Dispose 2. Act React 3. Plan Ahead Respond 4. Tomorrow Today 5. Initiate Review 6. Prevent Problems Solve Problems 7. Responsive to Change Preserve Status Quo 8. Homemaker Housekeeper 9. Control Controlled 10. Direct Muddle Through II. Manage Managed 12. Organized Team Collection of People 13. Lead Follow 14. Set Goals Crisis Management 15. Make Policy Accumulate Policy 16. Govern Governed Percentage of time spent by governing body: I. Propose Dispose 2. Act React 3. Plan Ahead Respond 4. Tomorrow Today 5. Initiate Review 6. Prevent Problems Solve Problems 7. Responsive to Change Preserve Status Quo 8. Homemaker Housekeeper 9. Control Controlled 10. Direct Muddle Through II. Manage Managed 12. Organized Team Collection of People 13. Lead Follow 14. Set Goals Crisis Management 15. Make Policy Accumulate Policy 16. Govern Governed 12 MEDINA CITY COUNCIL GUIDELINES TABLE OF CONTENTS: Forward................................................................................................................................................ 5 Oathof Office...................................................................................................................................... 6 OrganizationalChart.......................................................................................................................... 7 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 Guidelines 1.04 Overview of Basic City Documents 1.05 Orientation of New Members 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 3.01 Staff/Clerical Support 3.02 Office Equipment 3.03 Meeting Rooms 3.04 Mail, Deliveries :;Chapter 4 ,�Financial Matters r ` � .y} .�4 4.01 Council Compensation 4.02 Budget 4.03 Financial Disclosure 4.04 Travel Policy Chapter.5 Communications 3 5.01 Overview 5.02 Correspondence from Council Members 5.03 Electronic Communications 5.0-3 Local Ballot Measures 5.04 Proclamations 3:85 State Public Disclosure Act &-8-7 Medina Newsletter —"Council Corner" 3 6.01 Conflicts of Interest 6.02 Liability �hapter7 .,���,Ir►teractior�Fwith City StaCs 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 Chapter8 City !CounWMeet�rgs 3 .... ..ii..,,. ....9 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 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 2 9.13 Postponement of Business 9.14 Debate 9.15 Voting Procedures 9.16 Right of Protest 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 `.Chapterl0 Administration .,..... . �.. . , . ,; ...0 10.01 Biennial Review 11.06 Municipal Research & Services Center of Washington 11.07 Appendix 11.08 Other Reference Materials on File :-Chip ter`12 ;leaving Office ...... ......: ... g8,.,. r 12.01 Return of Materials and Equipment 12.02 Filling Council Vacancies Appendix ICMA Code of Ethics Tips for Successful Public Service Reference Guide to Motions Reference Locator Guide Glossary of Terms Board & Commission Qualification Matrix 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: http://www.leg.wa.gov/wsladm/`­­rcw.htm 5 The City Council Guidelines Manual is intended to centralize information on common issues related to local government and your role as a member of the Medina City Council. A majority of the content of this Manual has also 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. R CITY OF MEDINA OATH OF OFFICE STATE OF WASHINGTON )SS. COUNTY OF KING I, having been duly elected to the office of City of Medina City council, do solemnly swear (or affirm) that I will faithfully and impartially discharge the duties of this office as prescribed by law and to the best of my ability, and that I will support and maintain the Constitution of the State of Washington and of the United States of America. Signed: Term of Office: Subscribed and sworn to before me This Acknowledging Official day of 20 7 4 v � c Lai ar N M. yv � E E E E E a w (v a) a, aU 'u 'u 'u 'u 'u 'u uuuuuu az o 5. cu o _� a} o 0 �O Q x v = Z a V +- M d _y a 0 CO m s :� L Z Z 4 o� 3 v v LO C O b ZI vW'v:b_ e vi u O y u is a a Z Woj kn cz o c U v e ci c a . W00° O o CO a 2$ C7 o o° bct C. tici O 4 s O 4- b iz s E c W cc I== 0 a u c U o W O q v tQ,i O1cc ai b cn qc C) i5 coE E s° Y b y cn ov •� v b� �'i� a �� c ov° � a U Ca i0.�i obi 0 �cC, • o • • e o 0 • • • • • 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. 1.03 Purpose of City Council Guidelines Manual The city of Medina has prepared its own set of guidelines 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 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. 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", and 4t' 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. C. 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 important 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. D. 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. E. 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. 10 F. 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. G. 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, city clerk and city attorney 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 a workshop for newly elected officials 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. 11 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. A. Summary of council duties and responsibilities as provided in, but not limited to, the Washington Administrative Code and Revised Code of Washington 12 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 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. 13 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. 14 1. 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. Post notice of position vacancy on the city of Medina website. e. d. Notify by mail (standard or electronic) 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. 4.e. Notify by mail (standard or electronic) the chairpersons of advisory boards and commissions of the vacancy. e.f. Notify by mail (standard or electronic) 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-4 e), 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 FAaY9F personnel committee will review applications and make recommend 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. 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. 15 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 given 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 (current 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 3. Demonstrated leadership 4. Effectiveness 5. Demonstrated contribution during past term of office on issues, programs, policies, etc., of the advisory board or commission 6. Objectivity D. Appointment Process (Amended by Resolution Number 332; March 10, 2008) 1. Council Personnel Committee. The mayor, together with two other council members designated by the mayor, shall constitute a personnel committee to perform the interviews and recommendations for appointments to the planning commission and park board. The personnel committee shall interview the applicants, although the committee reserves the right to make recommendations after reviewing 16 applications and without conducting interviews. Subsequent to the personnel committee's review, the personnel committee shall make a recommendation of appointment to the council. 2. After the personnel committee has forwarded is recommendation for appointment to the council, the city council will be given copies of all applications. The city council will be given at least ten days to review the applicants' and the committee's recommendation prior to the meeting at which the council will be asked to confirm the appointment. Decision and 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. Members of city boards and commissions will not 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: 17 a. If the member is testifying in such a capacity pursuant to a lawfully issued subpoena; or 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 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 1. 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. 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. 18 (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. 19 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 the It is important to note that all letters, memoranda, and email 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 stated by the Public Disclosure Act (RCW 42.56), are public records. 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; C 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: 1. Discrimination or harassment on the basis of age, race, color, gender, creed, marital status, national origin, disability or sexual orientation; 2. An expression regarding personal political or religious 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. 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, inter -net Wsn-SFffivsin', List teFys; N,,wsgFeups, `t6 -1. 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. 4. Using city equipment or city Internet connection to violate the integrity of another system (hacking) is prohibited. DE. System Security 1. 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. 21 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 screensaversl. 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. €F. 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 15 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 15 cents per page. 3. Other equipment. Except as provided in this policy, council members will not use city equipment for personal use. ic�pt'a provited,ilere�n.�nnoeentshai a causcil €G. Monitoring, Enforcement and Penalties 1. 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, 22 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. . 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 must be scheduled in advance 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. Council members are encouraged to check mailboxes often. City staff will fax, email 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. 23 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` A. Travel Involving an Overnight Stay are subject to the following travel policy: 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. 24 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 the1ance epartrhen. 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 subm�ttetl„ 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 rates. 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 25 *These amounts are ieviewednnually.y}�eyfirna►e director 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. (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 the 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 director 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 director. 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. 26 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 Electronic Communications A. Email 1. City staff will create a city email account for individual city council members. Council members are encouraged to utilize individual city email accounts for all electronic correspondence related to the conduct of agency business. Council members are highly discouraged from using personal email accounts for official city business. All email correspondence, regardless of whether it is sent or received from a personal or city email account, is a public record when transmitted as a part of conducting agency business. 2. 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, 27 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. 3. Email 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. Email should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other "confidential" city business. In general, email is discoverable in litigation, and even deleted email is not necessarily removed from the system. Confidential email 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. Email 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. B. Use of Social Media by City Council Members. This policy outlines the roles, responsibilities and best practice recommendations for the use of social media/new media by individual council members in their capacity as elected officials. To the extent possible all forms of communication will be embraced and all online technologies are eligible for consideration. These guidelines apply to any social media site or tool used by individual councilmembers in their official capacity to communicate with constituents or the general public. It is the individual council member's responsibility to ensure compliance with this policy. 1. Definitions. a. Social Media, aka web 2.0, is defined_ _here as the use of third -party hosted online technologies that facilitate social interactions and dialogue. These online technologies are operated by non -city hosted services and are a means to communicate with others online. Such third -party hosted services/tools may include, but are not limited to: social networking sites (MvSpace, facebook, linked -In), micro-blogging tools (Twitter, RSS feeds), audiovisual networking sites (YouTube. Flickr), blogs. etc. 2. General Policy. a. While social media, with its use of popular abbreviations and shorthand. does not adhere to standard conventions of correspondence, the context and tenor of online conversations, discussions, and information posts should model the same professional behavior displayed during council sessions and community meetings. b. Social media are not to be used as mechanisms for conducting official city business other than to informally communicate with the public. Examples of business that may not be conducted through social media include making policy decisions official public 28 noticing, and discussing items of legal or fiscal significance that have not previously been released to the public. C. Council members' social media site(s) should contain links directing users back to the city's official website for in -death information, forms, documents or online services necessary to conduct official city business. d. At the discretion of the city council, social media applications tools or sites may be limited or banned if they are not or cannot be used in compliance with this policy. e. Notify visitors that individual council member social media sites are not intended to be used to conduct official city business. 3. Ethics. a. All content posted on individual council member social media sites shall comply with Washington State law regulating public officials. b. No content that promotes or advertises commercial services entities or products may be posted. C. Council members shall not post comments or links to any content that endorses or opposes political candidates or ballot propositions, including links to a council member's campaign site (RCW 41.06.250; RCW 42.17.130; RCW 42.17.190). 4. Records Retention Act Compliance. a. State and local records retention laws and schedules apply to social media content. All social media content with retention value must be maintained for the required retention period in an easily accessible format that preserves the integrity of the original record to the extent possible. It is the responsibility of each council member to maintain current, approved retention procedures and to ensure that those procedures are followed. b. As with any correspondence sent in his or her capacity as a council member, council member postings to social media sites maintained by others must be retained by the posting council member. S. Public Records Act Compliance. a. Any content maintained in a social media format, ie facebook, YouTube. Twitter, etc that is related to city business, including communication between an individual council member and constituents or the general public and a site's listing of "friends" or "followers" may be considered a public record subiect to disclosure under that state Public Records Act. b. Any social media tools used should clearly state that all content submitted by members of the public is potentially subject to public disclosure pursuant to the Public Records Act RCW 42.56. 6. Open Public Meetings Act Compliance. 29 a. Communication between council members via social media, as with telephone and email, may constitute a "meeting" under the Open Public meetings Act. For this reason, council members are strongly discouraged from "friending" other council members. b. Making or receiving constituent comments regarding quasi-judicial matters via social media may violate the Appearance of Fairness Doctrine. 7. Content Guidelines. a. Users of social media sites who submit comments should be clearly notified that the intended purpose of the site is to serve as a mechanism for informal communication between council members and the public regarding the topics discussed. 8. Equal Access. a. Sites requiring membership or subscription should be avoided. When postin information or soliciting feedback on such a site, always provide an alternate source for the same information or mechanism for feedback on the city's public website so that those who are not members of the social media site may have equal access. Sites should use the most open settings possible to allow the public to view content without requiring membership or login. C. Electronic Devices. 1. The use of electronic devices during council meetings is discouraged. 2. Regardless of whether_a device used is paid or reimbursed by public funds. business conducted in the official capacity as a council member is a public record. Care should be taken to ensure that records created are maintained and can be provided if requested. Know your device's capabilities and devise a strategy for archiving texts. call logs and other communications. 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 the facts of an issue. 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. 30 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 42.56, 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, aR4 memoranda, and email received by the city addressed to a council member or the council as a body are public record and must be kept according to the city's records retention schedule. Correspondence received at city hall addressed to individual council members will be photocopied and provided to all city council members, and a copy kept according to the city's records retention schedule. , . IMP IT3n, Mr- 11 4. E-Mailshould be used eautieusly when legal adviee 9F W diseuss matteFs 9 seeking . 31 IVledin Newslter `. +atca 32 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: 33 • 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. • 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 subdivision 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. 34 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. F. Filing of Disclosures The city clerk maintains a special file for all disclosures and legal opinions of conflicts of interest. G. 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 being 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. 35 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 36 7.03 City Council Non -Interference The city council is to work through the city manager when dealing with administrative services of the city. 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. A. City Council/Staff Interaction Ground Rules (adopted October 12. 2009) 1. Council members may ask for up to one hour of research on a city related topic or issue as lone as the cumulative effect does not take staff away from accomplishing the council's work plan or work authorized by the city council. Anything requiring more staff time should be brought to the full city council consideration. 37 2. Information generated by staff or addressed to the city council will be sent to the city council first and anything going to one Council Member will be sent to all council members. 3. City staff should not lobby individual council members on any matters but rather should work through the city manager. 4. Council members should not publicly criticize the city staff. If there are concerns it should be discussed with the city manager privately. S. Council members should at all times be respectful of staff and treat them as professionals. 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. 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 as a corporate entity. 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 38 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. 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. 39 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: 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. 40 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 members 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. 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 0Q prn on the day of the meeting to advise of such absence will be deemed excused. 41 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. The city council recoanizes meetings are most effective when !City Council Ground Rules; October 12 2009 1. Everyone on the council participates in discussion and voting (unless an individual member has a conflict) 2. Meetinas start on time and end on time (or early). 3. The goal for each agenda item is clear and results in a decision. 4. The council moves forward expeditiously without rehashing previously discussed information or engaging in conversation with the public during the business meeting 5. The city council conducts itself in a courteous, professional and respectful manner toward each other, the staff and the public. 6. Council members maintain a balanced perspective, a sense of humor and have some fun in conducting the public's business. 7. The staff (especially the city manager and city attorney) participate in council discussions by offerina guidance, advice, options and draws upon their professional experience 8. The mayor uses the gavel to control the meeting and move it along including exercising the prerogative of the chair to call for timely breaks. 9. Council members do not surprise one another or staff at a public meeting with anything that could be discussed beforehand so that council members and staff can be prepared to respond. 10. Council members speak with one voice once a vote has been taken and do not work to undermine the decision of the council. 11. Council members read the agenda packet before hand and come to council meetings well prepared. 12. Council members contact the appropriate staff with auestions before the meeting 8.01 Meeting Schedule Regular meetings are held the second Mondays of each month at 6:30 p.m., in the council chambers, 501 Evergreen Point Road, Medina, as provided in MMC 2.04. Should these days happen to be designated as a legal holiday; the Council meeting will be held the next business day. 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: 42 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 9F the e'�s 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 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 and special city council meetings by posting a copy of the preliminary agenda in the following three public places in the city at least 24 hours in advance of the meeting: Medina City Hall City Notice Board 501 Evergreen Point Road Vicinity of 3400 Evergreen Pt Road Medina, WA 98039 Medina, WA 98039 Medina Post Office 816 Evergreen Point Road Medina, WA 98039 The public shall also be notified of the preliminary agenda for regular and special city council meetings by posting a copy of the preliminary agenda on the city's official website. 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 Guidelines Manual. 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. The city clerk, or designee, is responsible for recording action minutes for all city council meetings. Action minutes shall include (City Council Action; August 9, 2004): 1. Timestamp for actions 2. Timestamp for votes 3. Voting record to include council member name 4. Individual comments transcribed into record. if reauested S. Essence of citizen comment recorded into minutes 43 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, email, or 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. 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. Generally, final action is not taken while in a study session unless delayed action may result in adverse consequences. 8 05 _ Placing Items onathe;Agenda A ' Agenda P/anrirng Carnmittee: The, city`manager and mayor vuill rev�euu ithe agenda prior tohthe`�i �gular meetrig 44 17 Members o the Public 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 citv council agenda. The deadlinefor suil�rtiftiiie these"forms=is:'noon:°on`Mortdav`nriar documentation, including any information requested heluied The forms must include council at the previous council meeti 45 IVIol1 TOO }l1/Ed' Thu`r. FC1. rst Monday deadJrre for draft cirnanger o�rthe Month; agen�al�bm�ttal to apprdvaT�f�gend deacliafof �gn t� firk�geda ��mt or p�iare d�ackets onda m �n � re or2� o cur ein ninth n�y;�in of � m lu e� ci r�nx month,, Sec�ond�llltlay Staff the�Vfgnth, Meg g/Agenda ..W.; x30 { M Ftegc�� ��J�fleet�ng ony Third i�da deadline for draft --77777=7pity manaIA ger of the I�IIontFi agenda submittal to pprua� eA study city rt�anager session memoranda.. dead�refor agenda item f aLa en * egg subrtn�t�1 f�i•� , pr��p�red�ar�d packet fcir,�Civre� fflin'ref current irnntl attbr�e� ap�rov;�ly ��ourth"�tlonday of theMoritF St�S�dy Session. Given the rigorous time frame for agenda development, it is extremely difficult for staff to compile or prepare information requested at a Monday night meeting in time for toe a 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 audio recordings of all meetings of the Medina city council, except those meetings or portions of meetings conducted in executive session. Recordings of all U1 city council meetings, except as referenced above, shall be retained by the city in accordance with the State of Washington, Office of the Secretary of State, Division of Archives and Records Management, Local Government Retention Schedule. 8.08 Alarm System There currently is no emergency alarm system in the council chambers. 8.09 Order of Business The city council establishes the general order of meetings (Ordinance Number 809; July 9, 2007). Items on the council agenda will be addressed in the following order (City Council Guidelines, October 12 2009): 1. An introductory staff Presentation including background, analysis, options and a recommendation. 2. City council questions of staff. 3. City council discussion among itself. 4. Public comment is limited to one minute each and only if they have new information that has not already been mentioned or Provided. 5. Final city council discussion. 6. City council decision. 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 recognitions 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. 47 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; • Finance Director'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 tepees .• high are „„t s„trod„ led F„r „ubli . testi en on the eyening's age address the City Council regarding any issue on the council agenda and any non -agenda items related to city business, excluding public hearings. To ensure equal opportunity for the public to comment a speaker's comments shall be limited to three minutes per person, per meeting. Those who have service requests or complaints are encouraged to first bring such matters to the city manager for prompt attention and resolution. Council meetings are business meetings where City Council may hear from residents and take action on official City business. In order to accomplish all the business on the agenda and be respectful of everyone's time. Council Members will not be able to engage in dialogue with individual members of the audience. 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 6:30 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 B] 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. 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. G. Reports of Standing Committees The chairperson or designee of the finance committee, personnel committee, facilities 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. L 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 49 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� t�drsclss�t�n 4 Ml a L New_'PROM 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. 50 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. 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 three 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. 13. Effective citizen participation/comment is (City Council Guidelines, October 12, 2009): i. Courteous. ii. Respectful. iii. To take place during the public comment portion of a Regular meeting only. iv. Not interrupting a presentation or Council discussion. V. Limited to three minutes and Council members do not engage the speaker in a discussion but rather refer the matter to the City Manager for an appropriate response and the public is informed of this practice a the beginning of the meeting. vi. On any issue on the Council agenda or any other item on which they choose to address. vii. A summary of more lengthy written material being submitted. viii. Not simply a reading of an item into the record. 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 uv�ll conclude no later than p9w30,p.'rne 51 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: 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. 52 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) 233-6400 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. F. Council Member Contact Outside Council Meetings It is considered acceptable for council members to contact each other outside council meetings for the purpose of obtaining information, answers to questions, etc. It is not appropriate to use such contact for the purpose "locking up" votes on an issue prior to a Council meeting to the exclusion of full debate, discussion and considered decision making among all members of the city council. (Approved October 12, 2009, City Council Guidelines) 53 8.45 Remote Meeting Attendance (Adopted 2-11-2008 City Council Meeting) Occasionally, a Council Member will be prevented from physically attending a Council Meeting and may wish to participate via teleconferencing or videoconferencing connection Such Participation enables full representation and deliberation of the body, however inherent limitations exist which dictate that remote participation should be restricted in frequency, and subiect to the following rules: A. Remote attendance shall not be permitted unless a quorum of the Council is physically present. B. Remote participation should be reserved for special circumstances and is limited to once Per year per council member. (Confirmed October 12,209City Council Ground Rules) C. Remote participation should be limited to time sensitive items and those agenda items where it is especially important for all members of the body to participate in the deliberative process: remote participation for the full duration of any meeting is highlv discouraged. D. Requests to participate in meetings remotely shall be made to the City Clerk with sufficient notice to enable equipment set-up and transmittal of agenda packet materials E. When multiple requests are received to participate remotely in the same meeting and where equipment limitations restrict the number of participants priority will be given in order that the requests were made to the City Clerk. F. Council Members who participate remotely must have reviewed all agenda packet materials, have access to all exhibits listen to all public testimony, and participate in the body's deliberative process. G. The Mayor, or alternate presiding officer, shall make it clear for the public record when a Member is participating remotely, and when such participation is terminated; it is his responsibility to insure compliance with the provisions of this Council Guideline H. Any or all of the rules pertaining to remote attendance and participation can be suspended by Council action, or unilaterally by the Mayor, if a quorum is needed in the event the body must deliberate or take action in the event of an emergency, or to preserve public welfare and safety. I. Any or all of the rules pertaining to remote attendance and participation may be invalidated, or altered, to conform to applicable state or federal law which from time to time, may be enacted. 54 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. 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, 55 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. 56 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 to council for consideration and possible action must be introduced in the form of a motion. For the proper presentation and disposition of most motions, 13 separate steps are required. The basic steps to conducting business include: The Presiding Officer (Chair): 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 57 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. 58 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 59 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. 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 .N matter. In the event a challenged member or members requests additional time prior to the challenge having been voted on by the city 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 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. 62 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. B. 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. 63 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 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 64 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 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. 9.19 Suggested Forms 1. 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 lay 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 (majority) 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. 65 b. To commit or refer (maiority) 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." d. To postpone indefinitely (maiority) Member: "I move to postpone the question indefinitely." e. Principal question (maiority) Member: "I move that..." 3. Miscellaneous Motions a. To rescind (maiority) Member: "I move to rescind that motion, policy, etc." b. To reconsider (maiority) Member: "Having voted on the prevailing side, I move that were consider 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. 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.") 67 • 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. 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. M. The city cou`nc►I will review and rev«e the City Council Guidelines Manua} as needed, or every four years; .• 11.01 Association of Washington Cities [(800) 562-8981 ] www.awcnet.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.nk.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) 592-44621 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.gfoo.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 • capital finance and debt administration 70 • cash management and investments • retirement administration and finance • health care and other employee benefits 11.06 Municipal Research & Services Center of Washington [(206) 625-1300] www.mrsc.ora 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 Other reference materials that may be of interest to Council are: • AWC'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 • Robert's Rules of Order latest edition • United States Constitution • Washington State Constitution • Revised Code of Washington 71 • Washington Administrative Code • Medina Municipal Code • Medina Adopted Annual Budget • Medina Comprehensive Plan • Medina Capital Improvement Plan 72 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. 73 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. 74 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 yourcity 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. • 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. 75 • 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 76 Reference Guide to Motions W a> o Ca U C "a N O O 0 Cn O CO (z N j U O .� lA Z iyCO a N N lA =3 ACTION a) a) E aD CO -0 0 Q OC U O Main or question Move to adjourn 1* No Yes No No Majority No 21 Nlov to take recess 1* No Yes No s aiar�y No CCkp Question of privilege Yes No No No No Vote No 19 Itllove to tay;�the question�on No Yes � hF Move to close debate No Yes No No 2/3 Yes 16 Move to 1imIt, debate* Mo Ye$ No Yes 2 3 Move to postpone 1* No Yes Yes Yes Majority Yes 14 Move to refer the matter w� 4* No Yes Yes e Y s a on J ty s 3 Yh INN Move to amend the motion 5* No Yes 10* Yes Majority Yes 12 Movefto postpone, No Yes 5r Yes No f Ma�ar�tx 13 k1 Move to introduce business No Yes Yes Yes Majority Yes 10 s k 92 MEN" k A w Appeal the decision of the Yes Yes Yes No 9* Yes 24 chair Parliamentary inquiry 12* No No No No Vote No 32 Mode to take from;the #able 6 :No Yes.. No F IUo r= Majonty No .: : „ :.33 , 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 77 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 may be 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 78 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:Hwww.leg.wa.gov/pub/other/washington constitution.txt Revised Code of Washington http:Hwww.leg.wa.gov/wsladm/­­rcw.htm United States Constitution http:Hwww.lcweb2.loc.goy/const/constguery.html United States Code http://www.access. gpo.gov/congress/cong013.htmi United States Code of Federal Regulations http://www.access.gpo.gov/nara/cfr/index.htmi Abandonment of alleys, rights -of -way Accident claims, municipal Administration; City Agendas - Council meetings & hearings Airport Authority; joint operation Animals Annexation Attorney General opinion; State register Audits Ballots Bids, Notice for Bid Rigging; Bidding offenses Board of Adjustment RCW 35.79 RCW 35A.31 MMC Title 2 RCW 35A.12.160 RCW 14.08.200 MMC Title 6 RCW 35A.14 RCW 34.08.020 RCW 43.09.200-.282 RCW 29.30 RCW 35A.40.210 RCW 35.22.620 RCW 9.18 RCW 35A.63.110 MMC 2.32 M 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 WA Const Art. I, Section 35 m 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 01 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) Juvenile courts RCW 13.04 82 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 Oath of office RCW 35A.13.160 RCW 35A.12.080 83 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 Prisoners RCW 9.94 Prohibited acts Defenses MMC Title 9 84 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 MMC Title 9 Public records RCW 42.56 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 MMC 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 MMC 3.52 Scrap metal dealers (see Pawnbrokers) Sewer systems, sanitary MMC 13.04 RCW 35A.21.150 RCW 35.67 85 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 -Juveniles; school grounds RCW 9.41.280 RCW 9.11.010 86 Zoning classifications and sources Zoning; municipal MMC 17.16 RCW 35A.63 M M C Title 17 m 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 Majority: more than one-half of the members present WV 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) 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 a Board & Commission Membership & Qualification Matrix City of Medina Advisory Boards & Commissions Membership & Qualification Matrix Membership Term Appointing Residency Special Length Authority Requirements Requirements Civil Service 3 members 6-year city manager Resident of the Citizen of the Commission term city of Medina United States for at least one and an elector MMC 2.20 year of King County immediately preceding appointment Parks and 7 members 4-year mayor, with Resident of city None Recreation term city council Commissioner consent MMC 2.40 Planning 7 members 4-year mayor, with Resident of city None Commission term city council consent MMC 2.44 1-2