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HomeMy WebLinkAbout01-30-2012 - Agenda PacketMEDINA, WASHINGTON MEDINA CITY COUNCIL SPECIAL MEETING AGENDA Medina City Hall, Council Chambers 501 Evergreen Point Road, Medina MONDAY, JANUARY 30, 2012 6:00 PM CITY MANAGER COUNCIL MEMBERS DONNA HANSON PATRICK BOYD JAY DECKER CITY ATTORNEY DOUG DICHARRY BRUCE DISEND DAVID LEE JANIE LEE CITY CLERK MICHAEL LUIS RACHEL BAKER KATIE PHELPS SPECIAL MEETING 6:00 PM ROLL CALL NEW BUSINESS Council training and discussion related to Guidelines, Ground Rules, RCW overview, and liability coverage. ADJOURNMENT Next Regular Meeting: Monday, February 13, 2012; 6:30 pm Medina City Hall 1 501 Evergreen Point Road I PO Box 144 1 Medina, WA 98039 425-233-6400 1 www.medina-wa.gov Donna Hanson From: Doug Dicharry Sent: Sunday, January 08, 2012 9:03 PM To: Donna Hanson; City Council Mail Cc: 'BRUCE DISEND' Subject: RE: City Council Rules and Guidelines 12-27-11 Attachments: Parliamentary Roberts Rules of Order Simplified 20110106.pdf Thanks to all for your work on this. The final looks good. I'm attaching a nice, brief summary of parliamentary procedure that should cover almost all of the types of business we cover in Council meetings. It's unofficial, but it should provide a guideline to move meetings along efficiently, and we may want to consider adopting some form of it in the future. A few points: 1. I've made notations about "friendly amendment" vs. "amendment", a source of confusion in the past. We should keep in mind that once a motion is made, seconded and stated by the mayor, it belongs to the group, not to the maker of the motion, so the group decides on the fate of the motion or amendment. 2. Almost all motions require a simple majority, except motions to suspend the rules or change debate, which require 2/3. 3.1 have deleted the motion "postpone indefinitely", which essentially kills the main motion. It's unlikely we would ever use that. 4. Finally, discussion should begin after a motion is made. In our case, a motion would follow the staff background /question and answer period. Once the motion is made, discussion, amendments, and vote would naturally follow. I look forward to welcoming our new fellow Council members. See you Monday. Doug Doug Dicharry Medina City Councilmember PO Box 144 Medina, WA 98039-0144 NOTICE OF PUBLIC DISCLOSURE: This e-mail account Is public domain. Any correspondence from or to this e-mail account may be a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party. SIGN UP FOR MEDINA E-NOTICES. RECEIVE THE CITY UPDATES YOU WANT DELIVERED RIGHT TO YOUR EMAIL INBOX! Visit www.medina-wa.gov and click on E-Notice Program. Simplified Roberts Rules of Order Main ideas: o Everyone has the right to speak once if they wish, before anyone may speak a second time. o Everyone has the right to know what is going on at all times. o Only urgent matters may interrupt a speaker. o The [members] discuss only one thing at a time. How to do things: 1. You want to bring up a new idea before the group. After recognition by the [president], present your motion. A second is required for the motion to go to the floor for debate, or consideration. 2. You want a motion just introduced by another person to be killed. Without recognition from the [president] simply state "I object to consideration." This must be done before any debate. This motion requires no second, is not debatable and requires a 2/3 vote. 3. You want to change some of the wording in a motion under debate. After recognition by the [president], move to amend by 1. adding words, 2. striking words or 3. striking and inserting words. 4. You like the idea of a motion under debate, but you need to reword it beyond simple word changes. Move to substitute your motion for the original motion. If it is seconded, debate will continue on both motions and eventually the body will vote on which motion they prefer. 5. You want more study and/or investigation given to the idea under debate. Move to refer to a committee. Try to be specific as to the charge to the committee. 6. You want more time personally to study the proposal under debate. Move to postpone to a definite time or date. 7. You are tired of the current debate. Move to limit debate to a set period of time or to a set number of speakers. Requires a 2/3 vote. 8. You have heard enough debate. Move to close the debate. Requires a 2/3 vote. Or move to previous question. This cuts off debate and brings the assembly to a vote on the pending question only. Requires a 2/3 vote. 9. You want to postpone a motion until some later time. Move to table the motion. The motion may be taken from the table after I item of business has been conducted. If the motion is not taken from the table by the end of the next meeting, it is dead. To kill a motion at the time it is tabled requires a 2/3 vote. A majority is required to table a motion without killing it. 10. You want to take a short break. Move to recess for a set period of time. 11. You want to end the meeting. Move to adjourn. 12. You are unsure that the [president]has announced the results of a vote correctly. Without being recognized, call for a "division of the house." At this point a standing vote will be taken. 13. You are confused about a procedure being used and want clarification. Without recognition, call for 'Point of Information" or "Point of Parliamentary Inquiry." The [president] will ask you to state your question and will attempt to clarify the situation. Simplified Robert's Rules of Order page 2 of 2 14. You have changed your mind about something that was voted on earlier in the meeting for which you were on the winning side. Move to reconsider. If the majority agrees, the motion comes back on the floor as though the vote had not occurred. 15. You want to change an action voted on at an earlier meeting. Move to rescind. If previous written notice is given, a simple majority is required. If no notice is given, as 2/3 vote is required. You may INTERRUPT a speaker for these reasons only: o to get information about business - point of information o to get information about rules - parliamentary inquiry o if you can't hear, safety reasons, comfort, etc. - question of privilege o if you see a breach of the rules - point of order o if you disagree with the [president]'s ruling - appeal You may influence WHAT the [members] discuss: o if you would like to discuss something - motion o if you would like to change a motion under discussion - amend You may influence HOW and WHEN the [members] discuss a motion: o if you want to limit debate on something - limit debate o if you want a committee to evaluate the topic and report back - commit o if you want to discuss the topic at another time - postpone or lay it on the table o if you think people are ready to vote - previous question Parliamentary Procedure Motions Chart; ;Adjourn s i M I ..Recess S Table S-_!__.,__� ,Close Debate fs f j 213 R Limit Debate ,S ! ;A 2/3 R 'Postpone To Later Time, S D A M R ;Refer To Committee S D -A M R Amend Amendment 'S :D I M R 1 ;Main Motion IS ID ;A �M R • S = Must Be Seconded D = Debatable A = Amendable M = Requires A Simple Majority Vote 2/3 = Requires A 2/3 Vote R = May Be Reconsidered Or Rescinded Adapted from Case Western Reserve Graduate Student Senate; changes in [ ] http://www.cwru.edu/orgs/gradsenate/rule&4=dbook.htmi WA Insurance Authority CITY OF MEDINA CITY COUNCIL DO'S & DON'TS January 23, 2012 Presented by: Lew Leigh, Executive Director Washington Cities Insurance Authority (WCIA) is a municipal risk pool. Its 1981 enabling legislation allows it to perform like a private insurance company. One hundred and fifty cities and regional entities, performing a city function like 911 dispatch agencies, self -insure each other. Through the use of an actuary, the group annually creates over $33 million in assessments to cover liability and property risks. WCIA has over $147 million in assets, of which $60 million is undesignated member reserves to handle contingencies beyond actuarially predicted events. Its administrative budget is $4 million, handles 1,800 claims annually, and spends $6 million in litigating a pending of 300 lawsuits. WCIA is distinguished from an insurance company by the aggressiveness of its litigation defense. We win outright over 71 % of our lawsuits, including a police win at the U.S. Supreme Court. To actively reduce the number of claims and lawsuits, it is aggressive in promoting annual risk management and training requirements to each member. All employees and elected officials are required to participate in some manner. This council orientation counts as one type of training. Failure to participate in our systematic training program, called the COMPACT, results in substantial peer -induced financial or coverage -related penalties. The following graph identifies significant public official liability losses in comparison with other city departments. In addition, the following charts present the City's overall risk profile by worker hour, compared to its peer members of the Pool. Public official losses largely consist of Mayor/City Manager employment practice activity: i.e., management of personnel. The Council's losses consist of land use issues and interference with administration activity: i.e., deviating from strategic policy making functions, appearance of fairness, conflict of interest, and quasi-judicial due -process violations. The included vignettes identify actual public official losses, emanating from violations of clear RCW-created roles and responsibilities, misassumption of powers, and deviation from city policy. WCIA periodically visits with councils early each calendar year to identify public official conduct which precipitates losses. We hope this is informative and influences conduct. AUTHORITY PHILOSOPHIES Mission Statement: "WCIA will take a leadership role to provide professional risk management and stable risk financing programs that respond to members' needs." Annual Goals: • Assure that WCIA programs are prudently funded and managed to stabilize member assessments. • Maintain prudent growth plan to preserve WCIA's role as a leading pool in the state. • Foster sound risk management practices. • Respond to member needs. Program Control: WCIA believes the Full Board should be fully aware, and in control, of all pool operations. Not a broker, third party administrator or insurance company. In our program, the "insured's" run the "insurance" company. Membership Control: The Authority believes the Full Board and a Committee System should be in complete control of the entire program. And that each member, should fully participate in its risk profile, loss resolution and training. Independence from the Insurance Industry: The Authority was punished by the insurance industry in the previous, mid-80's, "hard market cycle". We have steadfastly built a commanding surplus of funds, a large self- insurance layer, and aggressive pre and post loss support programs to insulate us from those market cycles. Remaining liability insurance costs for catastrophic loss is only 3% of our administrative budget, versus 98% for other pools. We use "reinsurance" rather than "excess" insurance. The insurance carrier performs only a checkbook function. Identification of desired exposures, coverage decisions, and claim and litigation decisions for all coverage layers revert to the Full Board. Financial Independence: WCIA has the strongest financials of any Washington Pool. This allows us to assume any exposure or provide any service desired by the Full Board. We have amassed $147 million in assets, a $60 million undesignated member reserves, and a $4 million administrative budget. Member assessments are annually subsidized by a stable investment income of 5.8% investment yield. Litigation and Claims Management: WCIA believes in aggressive litigation as opposed to loss settlement to discourage unwarranted claims; each member should have direct participation in its claims and litigation, both in pre- and post -loss stages. Pre -Defense Review: Pre -loss services include a $625,000 budget -line item, created to pre -position a member for potential land -use, employment and other management related litigation. This is a cost-free service, requires no member participating funds, and has no adverse coverage exclusion ramifications. Litigation Defense: The Authority uses trial experienced, aggressive, municipal defense experts who customize their efforts to our expectations. We annually win (pay no indemnity damages) in 71 % of all litigation. We include department heads and employees in depositions, mediations and trials. Councils receive frequent defense attorney updates. Our program is active at the U.S. Supreme Court, Washington State Supreme and the Federal 9th Circuit appellate court. Training Commitment COMPACT: WCIA believes a formal, comprehensive training program, coupled with aggressive field risk management services, systematically reduces risk of loss and supplements city operation. Aggressive risk management is an essential, required element of pool membership. A $700,000 budget line item supports a nine -member field risk management team, and a formal COMPACT training program. The COMPACT, which receives strong membership support, provides incentives and penalties to encourage effective risk management and loss control participation. Both mandatory and voluntary elements are provided cost free, often at the member's own location. Consultant and member -specific - training requests, such as development of personnel manuals are welcomed. The field team, cross -trained in claims adjusting, systematically reviews member departments from exposures determined by the Full Board. In addition, they help sustain each member's risk management program with specific service. To insure responsiveness, each member has a risk management representative assigned to them who has no other conflicting role. Assessment Formula: Each member's assessment should largely reflect its own loss experience, its potential exposures and a percentage of pool services; be developed by a professional actuary; openly approved by the Full Board; annually receptive to improved risk management results. i •� � r z xs s � ,,X s 6> y �r, i rA r e x a r. a. .. ._. s WASHINGTON CITIES INSURANCE AUTHORITY Balance Sheets As of December 31, 201{1 and 2009 ASSETS Current Assets: Cash and Cash Equivalents Accrued Interest Investments Accounts Receivable Prepaid Expenses TOTAL CURRENT ASSETS Noncurrent Assets: Investment in GEM Capital Assets Accumulated Depreciation TOTAL NONCURRENT ASSETS TOTAL ASSETS LIABILITIES AND NET ASSETS Current Liabilities: Accounts Payable Deposits Payable Property & Vehicle Claims Reserve Claim Reserves: IBNR Open Claims (Case Reserves) Unallocated Loss Adjustment Expenses Reserve for Increased Confidence Level TOTAL CURRENT LIABILITIES Noncurrent Liabilities: Compensated Absences Claim Reserves: IBNR Open Claims (Case Reserves) Unallocated Loss Adjustment Expenses TOTAL NONCURRENT LIABILITIES NET ASSETS Net Assets -Invested in Capital Assets Net Assets -Unrestricted TOTAL NET ASSETS TOTAL LIABILITIES AND NET ASSETS 2010 2009 $23,678,953 $6,740,927 721,366 598,374 112, 509, 847 108,772,261 143,946 455,540 4,392,087 3,555,312 $141,446,199 S120,122,414 1,068,636 1,068,636 6,124,110 6,089,536 (1,110,445) (939,286) $6,082,301 $6,218,886 $147,528,500 $126,341,300 $94,049 $110,593 334,202 334,202 1,504,368 1,614,525 11,257,925 10,055,941 5,099,788 6,085,836 627,216 567,210 15,3 86,3 51 14,753,664 $34,303,899 $33,521,971 $87,077 $83,537 $32,041,786 $28,620,757 $14,514,782 $17,321,224 $1,785,152 $1,614,368 $48,428,797 $47,639,886 $5,013,665 $5,150,250 59,782,139 40,029,193 $64,795,804 $45,179,443 $147,528,500 1126,341,300 See Accountant's Report -2- WASHINGTON CITIES INSURANCE AUTHORITY Statements of Revenues, Expenses And Changes In Fund Net Assets For The Years Ended December 31, 2010 and 2009 Operating Revenues Member Assessments - Liability Member Assessments - Property Member Assessments - Fidelity Seminar Revenues Total Operating Revenues 2010 $25,574,294 7,754,179 116,156 21,185 $33,465,814 2009 $23,0I2,010 7,361,928 85,370 16,845 $30,476,153 Operating Expenses Loss & Loss Adjustment Expenses $9,190,888 $21,872,530 Confidence Level Expense 632,687 454,763 Insurance - Members 6,031,051 5,296,051 Salaries and Wages 1,678,620 1,623,179 Personnel Benefits 529,505 533,332 Professional Services Claims Adjusting 289,888 396,953 Pre -Defense Review 745,658 595,595 Consultant 211,653 224,949 Legal 39,855 68,254 Actuarial 28,500 27,800 Audit 27,725 19,416 Financial Services 18,507 17,299 Risk Management Audit 11,734 11,734 Rent 153,333 120,000 Transportation 74,645 76,702 Printing 14,582 9,421 Communications 23,367 22,135 Supplies 48,470 57,109 Dues and Conferences 22,285 23,752 Retreat/Board Meetings 24,950 26,274 Depreciation 46,933 44,400 Miscellaneous 37,066 29,703 Repair and Maintenance 12,995 10,775 Seminars and Training 442,762 432,305 Total Operating Expenses $20,337,659 $31,994,431 See Accountant's Report -3 - WASHINGTON CITIES INSURANCE AUTHORITY Statements of Revenues, Expenses And Changes In Fund Net Assets For The Years Ended December 31, 2010 and 2009 2010 Operating Income (Loss) $13,128,155 Non -Operating Revenue (Loss) Unrealized Gain (Loss) on Investments (1,342,382) Realized Gain (Loss) on Investments 425,357 Income from Investment in GEM - Investment Income 7,336,983 Net Profit (boss) from Building Operations 68,348 Total Non -Operating Revenue $6,488,206 Income Before Member Contributions $19,616,361 Net Assets - January 1 45,179,443 Net Assets - December 31 $64,795,804 See Accountant's Report -4- 2009 ($1,518,278) 2,675,479 (58,884) 176,001 8,168,102 23,917 $10,984,615 $9,466,337 35,713,106 $45,179,443 AUTHORITY COMPACT HISTORY: The COMPACT is a formal, multi -year program consisting of training, risk management and membership attentiveness elements. The entire membership commits to annual training and risk management efforts while the Authority commits to high -quality resources. Since the late 1980's, it has systematically addressed every municipal exposure. The annual, audited, topics are chosen by the membership and implemented in multi -year increments. An annual $450,000 line item, within a $700,000 Member Services Department budget, is specifically dedicated solely for training purposes. National and local trainers are brought directly to the individual member or nearby regional training sites. In 2008 over 5,739 employees were trained at 268 sites. Unusual to Washington pools, risk management training is a mandatory membership obligation, accomplished largely through this program. The COMPACT has received national honors for meritorious achievement, recognized as a state-of- the-art training program, from the Association of Governmental Risk Pools (AGRIP). TRAINING: After analyzing the ease and enthusiasm with which the original, single training requirement was met, and the large volume of additional voluntary training repeatedly requested, a second mandatory training requirement was added. Unlike the first requirement in which every member trains on the same topic, this training is highly flexible, enhanced by a broad list of topics. A Risk Management 101 series, specific to the individual member's sole need, further adds to program flexibility. This popular session is taught by Authority staff, who actively seeks department employee's participation. Specific risk management problem -solving, within the employees own job environment, are actively pursued. Topics traditionally include police, fire, land use, personnel, public works and parks, plus custom public officials trouble -shooting areas. Updated issues, precipitated by the legislature or court decisions, complete the Authority's COMPACT commitment. SUPPORT: The Risk Management Reps are each assigned a specific member, and are instrumental in ensuring its annual training obligation success. They research each year's first mandatory training topic, to develop a comprehensive checklist of training specifics. Members frequently forward their checklist responses weeks before the Rep personally makes an annual field visit to maximize field time. Members receive personalized assistance in successfully achieving their COMPACT goals. SUCCESS: In the history of the program, only one city failed in its COMPACT requirements and was asked to leave the pool. In 2010, one hundred percent of the membership passed the three training topics, the annual COMPACT field audit, and the Member A" ---`- while aggressively training in many more areas as well. 2010 COMPACT ELEMENTS Organizational Attentiveness • Attend one Full Board Meeting a year (January, May or October) • Pay Assessments on Time — by January 31 postmark • Appoint a WCIA Delegate and Alternate — update when changes occur • Report Claims in a timely manner — per the Claims Manual policies • WCIA City Attorneys and Delegates must attend assigned Delegate Attentiveness Trainings • Annual Review and Audit — during scheduled month by your Risk Management Rep First Mandatory Training Members are required to attend one training session to fulfill requirement. Training consists of prevention of Employment Liability in the following areas: • Interviewing, Screening & Background Checks & Job Descriptions • Performance Management - Coaching, & Performance Evaluations & Discipline • Current Regulations for State & Federal Leave Laws, Wage & Hour Exposures • Health and Safety policies • Anti Harassment & Discrimination Prevention • Pre and Post Termination Procedures • Reduction in Force • Employment Law Updates & other Liability concerns specific to Municipal Employment Second Mandatory Training Members are required to complete one training from a variety of training programs to include: • WCIA Risk Management 101 Series • WCIA Coverage and Contract Indemnifications and Insurance Language Trainings • Co -sponsored and Reimbursed Training Programs (Municipal Liability Related) • Public Safety (Police Fire & 911 Communications) Trainings & Certifications • Parks and Recreation and Public Works Training and Certifications • Public Records Requests and Open Government Issues • Driver Improvement Programs - Classroom and Behind the Wheel Third Mandatory Training • Trainings in Safety, Personnel, WCIA Orientations, Claims & Incident Trainings or • Risk Management Department Training with your Assigned Risk Management Rep PRE -DEFENSE REVIEW PROGRAM In 1989, WCIA implemented a new program to assist Members with potential sensitive exposures. Our pre-emptive "damage control" perspective produced a program called Pre - Defense Review. Program Description: • Participation is voluntary. WCIA strongly encourages program use, but it is not yet a requirement for coverage and/or defense. • Funding for the program comes from the WCIA Administrative Budget. Pre -Defense Review monies are not included in any individual member assessment calculation or loss cost. • Discretion of the use of the program lies solely with the Claims Manager. The Claims Manager makes determination of the Pre -Defense progression, from incident to claim or litigation status. The program ends once a formal claims status is recognized. The Claims Manager controls assignment of the Pre -Defense Attorney. The same attorney usually continues as the Defense Attorney in any resulting litigation for the purpose of continuity. • Communication and cooperation among team members are required for program success — the team includes the City Attorney, Member Human Resources staff, and particular Department staff, Claims Manager and Defense Attorney. Procedure: • WCIA Member Delegate notifies the WCIA of the request for help. Initial contact may be by phone but should always be followed up with a written request including all backup materials, correspondence, etc. • The WCIA Claims Manager will determine if the Pre -Defense Program applies. • WCIA will assign the issue to the appropriate Defense Attorney. • The assigned Attorney will contact the WCIA Member and work directly with them until the situation is resolved. Examples of Program Usage: Harassment Complaint Disability Accommodation Issues Potential Termination For questions, please contact Ann Bennett, Deputy Director, Claim CONSULTATION PROGRAM WCIA provides an assortment of consultation opportunities for its Members. The following provides an overview of the various types of services available: On -Site Analysis: • Your assigned Risk Management Representative is available for on -site analysis of risk management exposures common to municipal government, such as playground and building inspections. • Your Risk Management Representative is available to attend meetings with department heads and/or staff to discuss your agency's particular risk management issues. • Your assigned Risk Management Representative is also available to provide New Member, New Delegate or New Department Head Orientations. The Claims Director is available to provide new Police Chiefs, and City Attorneys and Claims Contact Liability Inquiries: If you have a liability question or concern, your assigned Risk Management Representative is available to research and respond to you either by phone or email. Legal consultations are available to assist the Membership in the areas of Employment, Land Use issues, Public Disclosure Requests or other general issues that are not particular to a potential claim, but that require the assistance of an attorney. Please contact the Risk Services Manager directly. For questions, please contact Lisa Roberts, Risk Services Manager N C N I% G O R O R : O 4 C! O c 40 c 0 o o 0 Ca d rn CD ar ti to w a M N 4n iA V? w ult w *si V� 44, 2 C �Um. IaaN IL IL aeLLiLMIL Tr PJ °a o °a 0 ra 0 �a 0 0 rlo 0 dlo �r0 6r 0 or, 0 rr, 0 rr, 0 O 9� O !r. O d� O .fly O Od. 0 rs, O Os O ly, O !O 0 0 t 06, O oo, t t 1 8 al 8� r 8f r s� r ly, 6 c o o cR C� c. C> G C G 4 �C V, %: I F/: A Z .AA3 UK A3 3R at, IZ Om l3 07 ac. x3 a'i s3 31A d '13 xtv M vv is h1S 3fl N Al OS ON ZO I13 37 N E co 3-d c N 37 E 03 E c 3'1 _4 ,o N Ilk m a 4) CITY COUNCIL LIABILITY VIGNETTES Below are common examples of questionable council action which needlessly generated claims and litigation against the city. Leaking Executive Session Information: The Mayor was using the Authority's Pre -Defense Review program to systematically develop a case for termination of the Public Works Director. Councilpersons Gus and Joe, the Director's best friends since childhood, listened in executive session to the litigation plan outlined by the assigned defense attorney. They could see that Mr. Director was soon to leave. They leaked the defense plan to their friend, who in turn gave it to the press. It was printed on the front page of the local newspaper, alerting the plaintiff attorney to weaknesses.in his case. Neither the defense attorney nor the Authority took this very well, and issued sanctions upon the City for future personnel losses. Employment Practice coverage was limited by applying a $50,000 deductible on future personnel losses and a demand that all council persons attend numerous personnel training classes. The makeup of the council changed dramatically in the next election. Leaking potential real estate transactions is also common. A realtor council person leaked a significant town square plan to real estate buddies, which drove the project cost through the roof. Other council leaks increased the purchase price of wet land property needed to balance wet land percentages. Moral of the Story: If you interfere with the defense attorney's confidential work product and increase the City's exposure to loss, your access to our claims and litigation will be protected. Interlocal powers authorize claims and litigation resolution to our Executive Committee. Extension to the Council is discretionary. In all three examples the council person was publically reprimanded, financially sanctioned, and issued a public apology. When asked, WCIA refused to pay legal defense costs. Open Public Meeting Violation: Four council persons wanted to non -renew the city manager's contract. They took great pains not to meet as a quorum, using serial meetings of three to reach a consensus, determine resignation terms and recommend an interim manager's employment terms a-� `'-- remaining council an hour before the council meeting, rather than in execul With four votes, they were successful, but incurred needless effort. The remaining council and the public were outraged. A public meeting violation lawsuit was filed by a citizen's group. The council persons were forced to reveal their actions through formal discovery, even giving up their personal computer hard drives and files. A court opinion forced the city to pay both the council persons defense attorney fees and plaintiff attorney fees; over $400,000. The big punishment however, was the public's scorn. Incumbents were not re-elected. Moral of the Story: Public transparency is here to stay. Study sessions and executive session could have determined the issue. The city manager had a slam-dunk case for violation of employment practice/due process rights, but settled for a lucrative resignation instead. Understand public employees have union, employment manual and individual contract rights. Avoid suspicion of process through Open Meeting Act, public or executive session, usage. Inappropriate Council Meeting Remarks: Council person Beatrice always wants to support the public input meeting segment. When a citizen complained about the City's failure to install a "Children Playing" sign in a neighborhood, Beatrice volunteered the Public Works Director to install one. There was no investigation through the MUTCD that it is an illegal sign. Nor was placement based upon traffic volume, site distance or accident history to reach an informed decision. Harold, on the other hand, ignored a five-year accident history to stifle any city intersection modification. He advised, on the record, that this way his way to church, gave him a free -left hand turn, and resisted changing a good thing. Plaintiff attorneys used that admission -against - interest comment to attain a five -zero settlement on behalf of a brain -dead bicyclist. Moral of the Story: Print and TV mediums give the plaintiff the gift of information. Study citizen requests, ask for staff input, and have it respond to the public with knowledgeable information. City staff goes through annual liability training, has access to the Authority's risk management reps and a formal defense attorney counseling program resources, as well as using the City Attorney. Interference with Staff Functions: Council person Clyde stopped a rookie police officer on a side road, berating him for his dress and performance, said he had been keeping an eye on the officer, reviewed his personnel file and criticized his way of policing. The officer went to his union, the City's employment manual (where no council person was listed in the supervisory chain), to an attorney and a no -contact order, and then to the press, just for good measure. Moral of the Story: Each type of elected official needs to know their role. The council's role is strategic, policy -making. City day to day administration belongs to the Mayor or the City Manager, particularly the employment practice function. Unlike private industry, public employees have enhanced job rights, polices, and procedures protected by statue. Council persons are not in the employment practices chain of command. If you observe poor practices, start at the top with the Mayor or Manager. Even starting in the middle of the chain can cause problems. The strategic annual budget process is your check and balance. Land Use Permit Appeal Process: The Council was ecstatic over a big -box store application within the City until it was realized that the artist's rendering included the name W-A-L... on the building's side. Council efforts to frustrate the permit included addition of corporate health benefits as permit elements and refusing multiple egress points through city property. Council newspaper and public quotes of "we'll never let..." even appeared at council sessions, community organization meetings etc. Moral of the Story Even the most offensive corporate cultures are not part of the permit process. More objective issues such as traffic volume or public safety are more viable hurdles. Going outside the process to show bias, although politically vibrant, create easy plaintiff due - process advantages in court. Shopping for Zoning/Code/Ordinance Changes: The Chamber caught the Council's ear wanting to fight back against big chain stores which were putting local Mom and Pop stores out of business. Although the council sought the Pool's Pre - Defense Reviews legal advice, it still shopped for a carefully crafted legal opinion which offered partial help in creating an ordinance allowing only locally owned businesses within city limits. National chains went on full alert. Moral of the Story: This is probably an unconstitutional ordinance, enacted but yet to be enforced. WCIA and this council are at odds over what appears to be an intentional act against clear City Attorney and Defense Attorney advice. If there is a chain -store lawsuit, coverage and defense may not apply. Use of Moratoria The City of Seattle, Kenmore and Bothell all had rolling moratoriums against strip club and similar facilities, extending from 18 months to nine years. A Federal Court judge, often favorable to the Pool in land use litigation, served notice that application for adult entertainment permits should receive the same timely resolution as any other land use action. After Seattle lost $500,000 in litigation, the plaintiff sued Kenmore and Bothell, gaining easy mediation settlements of $350,000 as well. Adult entertainment is protected by free speech and expression civil rights and is now extended to land use processes through two published opinions. Moral of the Story: Moratoria are emergency measures to help preserve the status quo, intended to temporary suspend the right of property owners to submit development application and approvals while cities review and revise comprehensive plans, licenses and regulations. That broad statutory land use authority has now been modified by First Amendment free speech and expression rights. While old ordinances and land use practices should be reexamined and improved, no longer may a city impose a moratorium on adult entertainment permits to study the issue. Land use moratoria are now easy targets for plaintiffs. Council Usage of Electronic Communications Council person Jane twittered the council to meet at a local restaurant to de -stress from that night's council decisions. The invitation reached more than just the council and public activists showed up. One council person, upon entering the front door and seeing that he was about to make a quorum in violation of the open public meetings act, left before he could be counted. Several large -city council persons, using city computers during a public -input session, e-mailed each other as to the veracity of a speaker. When challenged, they had to divulge this public record, impacting the way the City was viewed by the public. Moral of the Story: City official's use or misuse of electronic correspondence can be particularly problematic under the Appearance of Fairness Act when dealing with Land Use issues. Taking Matters Into Your Own Bands: Harold didn't think the City's newsletter did a good enough job so he created his own. He copied (poorly) the City logo, slandered the female public works director and included executive session discussion to make it interesting. He made city policy. Jim and John suspected ineffective police department actions, so they spied upon a drug sting operation, disguising them by using a spouse's car, but they breached the security perimeter, imperiled the officer's safety and blew the potential bust. They drew union grievance, a civil lawsuit, and their own recall action. They asked WCIA and the City to pay their legal bills. Both declined, supported by a State Auditor gift of public funds opinion. Using his outdoor activist election plank, Carl was excited about a regional trail soon to go through the city. He couldn't wait for the trail head to be purchased however, and being an experienced DC-8 Cat driver, cleared the trail head anyway. Negotiations with the land owner ceased and the city lost any leverage. It spent thousands to litigate a land use "takings" lawsuit including an exorbitant purchase price. Perhaps the most blatant act was a councilperson who decided he would single-handedly head off an adverse land use decision by a subcommittee which would impact a local citizen's group. During a TV council session, he gave his confidential city liability opinion by the City Attorney to the group's (plaintiff) attorney. The councilperson opined in error that he was waiving his individual attorney/client privilege. The council directed the police chief to retrieve the document while the plaintiff attorney read furiously, also on camera. Without there being a crime, the attorney kept the document, advancing his intended land use lawsuit. Moral of the Story: Public officials need to know the parameters, often established by RCW, in each other's powers and roles. They also need to differentiate between their public and private opinions. Taking an oath of office may actually limit their actions. Only the entire council can waive attorney client privilege. This councilperson was publicly sanctioned, paid a $500 fine from personal funds, stripped of sub committee assignments, and was forced to issue an apology. WCIA subsidizes many city department and council, cost-free trainings, national accreditations and internal investigations as part of its training and consulting role. Taken to extreme the oath of office won't protect public officials from intentional acts violations, or from committing crimes. Council persons should always have the protection of real, rather than implied, authority. Revised Council Do's and Don'ts r ♦ 4. c CITY OF MEDINA CITY COUNCIL GUIDELINES Adopted April 12, 2004 Updated: December 2009 Updated: December 2011 i It 4,-. k MEDINA CITY COUNCIL RULES AND GUIDELINES TABLE OF CONTENTS INTRODUCTION 4 ORGANIZATIONAL CHART 6 Chapter 1 GENERAL OVERVIEW 7 Basic City Documents 7 A. Medina Municipal Code 7 B. Revised Code of Washington 7 C. Annual Budget 7 D. Comprehensive Plan 8 E. Comprehensive Emergency Management Plan 8 Chapter 2 MEDINA CITY GOVERNMENT 8 2.01 Council —Manager Form of Government 8 2.02 City Council 9 2.03 Role of Mayor 9 A. Presiding Officer 9 B. Ceremonial Representative 10 2.04 Advisory Bodies 10 A. Appointments Made by the Mayor and Confirmed by Council 10 B. Qualifications and Terms of Service 10 C. Appointment Process 11 D. Council Members' Role and Relationship with Advisory Bodies 12 Chapter 3 TRAVEL POLICY 13 3.01 Travel Involving an Overnight Stay 3.02 Reimbursement of Travel Expenses 13 13 Chapter 4 CONFLICTS OF INTEREST 15 Chapter 5 INTERACTION WITH CITY STAFF/OFFICIALS 16 5.01 Overview 16 5.02 City Manager 16 5.03 City Staff 16 2 k 5.04 City Attorney 17 Chapter 6 CITY COUNCIL MEETINGS - GENERAL 17 6.01 Meeting Schedule 17 6.02 Special Meetings 17 6.03 Study Sessions 17 6.04 Executive Session 18 6.05 Agenda 18 6.06 Meeting Rules for Council Members 18 6.07 Meeting Rules for Members of the Public 19 A. Written Communications 19 B. Oral Communications 19 6.08 Council Rules for Interacting with Staff 19 Chapter 7 COUNCIL MEETINGS - PROCEDURE 20 7.01 Parliamentary Procedure 20 7.02 Meeting Decorum and Order 20 7.03 Order of Discussion 20 7.04 Discussion Limit 21 7.05 Basic Steps for Conducting Business 21 7.06 Voting 21 Chapter 8 COMMUNICATIONS 21 8.01 Generally 21 8.02 Written Communications 21 8.03 Informal Messages 21 8.04 Electronic Communications 22 3 INTRODUCTION These City Council Guidelines are intended to centralize information on common issues related to local government, and your role as a member of the Medina City Council. All Council members are expected to follow these guidelines and be bound by them unless excused by a vote of the City Council. There are many other resources available to Council members in addition to the information set forth in these Guidelines. Two principal sources of information are: A. Municipal Research & Services Center of Washington and Association of Washington Cities The Municipal Research and Services Center (MRSC) is a private, non-profit organization based in Seattle, Washington. MRSC's mission is to promote excellence in Washington local government through professional consultation, research and information services. All of the information and research services described below are available free of charge to elected officials and staff of Washington city and county governments MRSC serves Washington local governments by providing: (1) Dependable advice from a multidisciplinary team of professional consultants; (2) A comprehensive Web site; (3) Access to thousands of sample documents; (4) Timely and informative print and electronic publications; and (5) Access to the largest local government library collection in the Northwest. MRSC produces a number of useful guides and handbooks for Council members, including the following: • Councilmember's Handbook. Report No. 48 Revised, December2009. A brief overview of the structure of municipal government in Washington State and the role of the Councilmember in that structure. The primary focus is on the Council meeting. Local Government Policy -Making Process. Report No. 45, February 1999. The purposes of this publication are to describe the local government policy -making process, outline effective roles for local officials, and to provide practical tips to make the local policy -making process for satisfying and productive. • Knowing the Territory - Basic Legal Guidelines for Washington City, County, and Special District Officials. Report No. 47 Revised, 4 tI I _ k November2009. Describes the nature, powers and duties of municipal officials for "keeping out of trouble," discusses limitations, regulations, and admonitions regarding the exercise of governmental powers, including conflicts of interest law, the open public meetings act, appearance of fairness doctrine and similar laws. It also points out immunities and protections. B. The Association of Washington Cities The Association of Washington Cities (AWC), founded in 1933, is a private, non- profit, non -partisan corporation that represents Washington's cities and towns before the state legislature, the state executive branch and with regulatory agencies. Membership is voluntary. However, AWC consistently maintains 100% participation from Washington's 281 cities and towns. A 24-member Board of Directors oversees the association's activities. What does AWC do? AWC's staff focuses its work in five service areas: Legislative representation Educational training Publications and resources Technical assistance in personnel and labor relations, energy, transportation, budgeting, planning, risk management and employee wellness Member programs, such as municipal liability and property insurance, employee drug and alcohol testing, and employee benefits 5 $k2 § -�� §�§ B �w | _ •`' z \��'[EE\E§ )/u\)u) .0 4;Q 2 © 3�¥fjx- ���)2 0 A Chapter 1 GENERAL OVERVIEW 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. 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 Revised Code of Washington (RCW) is the compilation of all permanent state laws now in force. It is a collection of laws enacted by the Legislature, and signed by the Governor, or enacted via the initiative process. 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. 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 7 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. Comprehensive Plan The Washington Legislature enacted the Growth Management Act (GMA) in 1990. The GMA was enacted in response to rapid population growth and concerns with suburban sprawl, environmental protection, quality of life, and related issues. The GMA is codified primarily in Chapter 36.70A RCW. The GMA provides a framework for regional coordination. Counties and cities planning under the GMA are required to formally adopt planning policies to guide their respective planning activities. This is carried out via the adoption of documents known as "comprehensive plans." The City's comprehensive plan is the starting point for any planning process and the centerpiece of local planning. Development regulations (zoning, subdivision, and other controls) must be consistent with comprehensive plan. The City's comprehensive plan is reviewed on an ongoing basis. Apart from certain narrow exceptions provided by state law, the City's plan may only be revised once per year. E. Comprehensive Emergency Management Plan 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. Council members should become familiar with the Plan. Chapter 2 MEDINA CITY GOVERNMENT 2.01 Council -Manager Form of Government The City operates under the Council-manager form of government. This approach consists of an elected City Council which is responsible for policy making, and a professional City Manager, appointed by the Council, who is responsible for administration. The City Manager provides policy advice, directs the daily operations of city government, handles personnel functions (including 0 .1 ky l the power to appoint and remove employees) and is responsible for preparation of a budget. Under the Council-manager enabling law, the City Council is prohibited from interfering with the manager's administration. The City Manager, however, is directly accountable to, and can be removed by the Council at any time. State law recognizes the separation of powers between the legislative and administrative branches of government. Under state law, members of the City Council may not become directly involved in the administrative affairs of the City. 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. 2.02 City Council 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 responsibilities, when it comes to establishing policies, voting, and other matters, all members are equal. It is also important to note that policy is established by at least a majority vote of the Council. Although 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 staffs responsibility to ensure the policy of the Council is carried out. 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. Except for the purpose of inquiry, the Council and its members must deal with the administrative personnel solely through the City Manager or the manager's designee. Neither the Council nor any member of the Council may give orders to any subordinate of the City Manager. 2.03 Role of Mayor The Mayor in Council -Manager cities is selected by the City Council from among its members. A. Presiding Officer 0 , a'. 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. 2.04 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 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 a desire to serve on such boards or commissions. B. Qualifications and Terms of Service 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. It is the policy of the City Council for each applicant to be evaluated on an objective basis, utilizing the following criteria: 1. 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. 10 2. Sectional Composition - Normally, consideration should be given toward maintaining an equitable balance of community representation on all boards and commissions. Multiple members from the same family or household will not be appointed to a single board or commission, in order to avoid the reality or appearance of improper influence or favor. 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 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. Appointment Process 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 11 applicants, although the committee reserves the right to make recommendations after reviewing 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 it's 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. 3. 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. D. Council Members' Role and Relationship with Advisory Bodies 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: 1. 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. 2. The Council member shall refrain from stating or implying that the Council member's position or opinion is that of the City Council. 3. The Council member shall refrain from directing city staff or the advisory body to take any action on behalf of the Council member. 4. The Council member shall observe any rules of procedure or protocol that apply to any other private citizen testifying before the advisory board. 12 P I.' ',, • Chapter 3 TRAVEL POLICY Members of the City Council, City boards and commissions are subject to the following travel policy: 3.01 Travel Involving an Overnight Stay All reasonable transportation expenses for approved travel (as defined in the following paragraphs) will be reimbursed. Any travel involving an overnight stay should have the prior approval of the City Manager. Elected and appointed officials should endeavor to attend training and conferences in the state whenever possible, if such training or conference is of comparable value to that offered out of state. Anyone traveling on city business on a trip that involves an overnight stay shall submit a travel authorization form to the finance department. The travel authorization form will include a complete estimate of the costs of the trip, including conference registration, transportation, lodging, meals, vehicle rentals, and incidentals. The travel authorization form will also include the purpose of the trip, the dates of travel, and other pertinent details. The completed travel authorization form, including the appropriate authorizing signatures, must be submitted to the finance department before departure. The City Manager will authorize travel expenses within the legislative budget approved by the Council. The City Manager will authorize: a. Overnight travel by elected or appointed officials b. Use of a rental vehicle by elected or appointed officials c. Out-of-state travel by elected or appointed officials d. Any interpretations to the policies stated herein 3.02 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 calendar 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 13 8. ( 1i ok 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 *These amounts are reviewed annually by the finance 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. • Receipts must accompany all reimbursement claims. • 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. • Tips are allowable up to 15% and should be considered as a part of the maximum allowable amount. • Reimbursement will not be paid for alcoholic beverages. • 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. • 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. 14 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 calendar 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. Chapter 4 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. 15 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 or, the city attorney. Chapter 5 INTERACTION WITH CITY STAFF/OFFICIALS 5.01 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. 5.02 City Manager A. 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. B. The City Council will 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 shall be evaluated, at a minimum, in the following areas: leadership, teamwork, job knowledge, attitude, accountability, communication, problem -solving skills, quality of service, safety/risk-taking, implementation and administration of adopted Council policy. 5.03 City Staff 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. 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 attempt to influence personnel matters that are under the direction of the City Manager. 16 5.04 City Attorney 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. At present, 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. It is important to note that the city attorney does not represent individual members of Council, but rather the City as a corporate entity. Chapter 6 CITY COUNCIL MEETINGS - GENERAL 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. 6.01 Meeting Schedule Regular meetings are held the second Monday 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. 6.02 Special Meetings Special meetings may be called by the Mayor or by a majority of the members of the Council by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the Council a written request to be notified of such special meeting or of all special meetings. 6.03 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 17 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. 6.04 Executive Session At the call of the presiding officer, or with a majority vote, the City Council may recess to executive session to privately discuss and consider matters of confidential concern to the well being of the City. The purposes for which an executive session may be held are identified in RCW 42.30.110: • Discussion with legal counsel of pending or potential litigation • Personnel matters • Property acquisition/disposition • Matters affecting national security • Performance review of publicly bid contracts • Complaints or charges brought against a public officer or employee • Qualification/performance review of job applicants and employees • Evaluate qualifications of candidates for appointment to an elective office The City Council may also hold an executive session to receive confidential advice from the city attorney under the attorney -client privilege. Before convening in executive session, the presiding officer shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. An executive session may be extended to a stated later time by announcement of the presiding officer. 6.05 Agenda The City Manager and Mayor will review the agenda prior to the regular meeting. A Council member may request that an item be considered on an agenda by making a motion at a City Council meeting. The item shall then be placed on the agenda as a "motion for consideration" of the item at said meeting or at a later meeting. The motion shall then be discussed and voted upon by the Council. 6.06 Meeting Rules for Council Members Council members shall act in a courteous, professional and respectful manner toward each other, the staff and the public. Council members shall use their best efforts to maintain a balanced perspective and a sense of humor in conducting the public's business. iN Council members shall 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 in a reasonable manner. Council members speak with one voice once a vote has been taken and do not work to undermine the decision of the Council. The Council moves forward expeditiously without rehashing previously discussed information or engaging in conversation with the public during the business meeting. Council members shall not use personal electronic devices during meetings except for the purpose of taking notes or dealing with emergency situations. 6.07 Meeting Rules for Members of the Public A. Written Communications. All persons may address the Council by written communications, including via e-mail. Written communications pertaining to items subject to a public hearing will be made a part of the public record. B. Oral Communications. City Council meetings are recorded. Each person addressing the Council at a regular meeting will do so from the podium and will speak in an audible tone of voice. 1. Prior to making comments each speaker shall first give his/her name and address. 2. Comments shall be limited to three minutes unless a greater length of time is requested and approved by the Mayor. 3. All remarks will be addressed to the Council as a body and not to any member thereof. No comments shall be directed to staff. 4. All remarks shall be courteous and respectful. 5. Comments or questions requiring a response shall be referred to the City Manager, if appropriate. 6.08 Council Rules for Interacting with Staff A. Council members may ask the City Manager for up to one hour of research on a City related issue as long as the cumulative effect does not take staff away from accomplishing, in a timely manner, work authorized by the City Council or City Manager. In the event that more than one hour of staff time is required, a request for additional time may be brought to the full Council for consideration. 19 4 % , q,i B. Council members shall not publicly criticize city staff. If there are concerns with staff performance, they should be discussed with the City Manager privately. C. Council members shall at all times be respectful of staff and treat them as professionals. D. Information generated by staff on behalf of a Council member shall be shared with all Council members. Chapter 7 COUNCIL MEETINGS - PROCEDURE 7.01 Parliamentary Procedure Unless otherwise addressed by these Guidelines, meetings shall be conducted in accordance with traditional rules of parliamentary procedure in order to assist the Council in conducting business in an orderly manner; but strict adherence to parliamentary procedure shall not be required. In the event that the procedure for considering a matter is unclear or in dispute, the following procedure shall be employed: (a) a motion will be made proposing a course of action; (b) a second shall be required; (c) thereafter, each Council member shall be afforded the opportunity for discussion; and (d) the Mayor shall call for a vote. Council shall be bound by the results of the vote. 7.02 Meeting Decorum and Order The Mayor 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 person making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Council shall be directed to cease by the mayor, and if the inappropriate conduct continues, the person shall be barred from the meeting. 7.03 Order of Discussion The Mayor should follow the prepared agenda as much as possible. However, for those occasions when deviations are necessary or convenient, the Mayor will clearly announce that the Council has decided to rearrange the agenda. 20 Ift & ' ' !s 4 7.04 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. 7.05 Basic Steps for 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 and a second. 7.06 Voting 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. Chapter 8 COMMUNICATIONS 8.01 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. 8.02 Written Communications Written letters and memoranda received by the City, addressed to a Council Member or the Council as a body, will be photocopied and provided to all City council Members, and a copy kept according to the City's Records Retention Schedule. 8.03 Informal Messages Informal messages with no retention value and that do not relate to the functional responsibility of the recipient or sender as a public official, such as meeting notices, reminders, telephone messages and informal notes, do not constitute a 21 A*t public record. Users may delete these messages once their administrative purpose is served. 8.04 Electronic Communications A. 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. B. E-mail communications intended to be shared among four or more Council members, whether concurrently or serially, must be considered in light of the Open Public Meetings Act. If the intended purpose of the e-mail is to have a discussion that should be held at an open meeting, the electronic discussion should not occur. C. E-mail should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other "confidential" City business. In general, e-mail is discoverable in litigation, and even deleted e-mail is not necessarily removed from the system. Confidential e-mail communications should not be shared with individuals other than the intended recipients, or the attorney -client privilege protecting the document from disclosure may be waived. D. The City e-mail system shall be used to conduct City business. Personal e-mail, including use of social media websites, shall not be used to conduct City business. 22