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Home My WebLink AboutCouncil Retreat - 28 Feb 2020 - Agenda - Pdf CITY OF RENTON AGENDA Retreat 8:30 AM - Friday, February 28, 2020 Maplewood Greens, Cedar Room, Renton 1. OBJECTIVES a) Set Priority Emphasis for 2020-2021 b) Identify challenges and opportunities to develop strategy to address the most important issues and impacts in Renton c) Review and Update City's Vision, Mission and Business Plan Priorities 2. WELCOME Review of Agenda and Logistics 3. 2020-2025 BUSINESS PLAN MISSION, VISION & GOALS a) Importance of Business Plan, and where it fits in our processes b) Business Plan: Mission and Goals c) Updates, clarifications or additions 4. FINANCIAL FORECAST AND UPDATE a) Challenges and Opportunities b) Biennial Budget 2021-2022 • Overview Budget Preparation and Priorities c) Long-range Financial Projection d) Budget Public Outreach e) Next Steps in Developing a Sustainable Fiscal Strategy • Capital Maintenance and Investment Priorities 5. ECONOMIC DEVELOPMENT AND GROWTH a) Department Presentation: Challenges and Opportunities b) Council Discussion: • Next Steps: Policies addressing zoning and density impacts (Smart Growth/Comprehensive Plan) • Economic Development Strategies 2020 • Small Business • Affordable Housing (Levy) 6. TRANSIT/TRANSPORTATION a) Department Presentation: Challenges and Opportunities b) Council Discussion: • Sound Transit: Strategic Plan • Addressing Most Important Priorities • Funding Sources 7. PUBLIC SAFETY a) Department Presentation: Challenges and Opportunities b) Council Discussion: • 2020 Priorities 8. COMMUNITY SERVICES a) Department Presentation: Challenges and Opportunities b) Council Discussion: • Neighborhood Program/Community Liaison Program • Community Engagement and Public Outreach • Homelessness 9. BUILDING AN INCLUSIVE CITY WITH OPPORTUNITIES FOR ALL a) Department Presentation: Challenges and Opportunities b) Council Discussion: • Next steps for inclusion efforts: Racial equity and economic justice, translations, hiring process, outreach efforts, etc. • Next steps for addressing human trafficking • strategies for seniors (mature adult) community: Housing, transportation, services, partnerships, outreach, services, volunteer opportunities, housing etc. • Veterans • Mayor's Inclusion Task Force, African American Pastoral Group, Latino Forum, Truth and Reconciliation Commission/Reparations • Celebrating our Diversity - Proclamations/Recognitions 10. SUSTAINABILITY a) Department Presentation: Challenges and Opportunities b) Council Discussion: • What more can be done? (Plastic Ban??) • Puget Sound Energy (Source Renewable Energy) 11. COUNCIL COMMITTEE STRUCTURE & PROCESS a) Purpose & Scope (800-05) b) Process c) Expectations of Council and Staff d) Agendas e) Referrals to Committee - Rules and Procedure f) Committees: Too much? Too little? Too late? 12. COMMUNICATION WITH ADMINISTRATION a) Effective ways to keep council and residents informed (Smooth Communication) b) Establish a checklist for items council wants regular updates on c) Regional Boards: • Do we need more presence? Our role? Priorities? Feedback? Briefings? Staff Support? Council Direction? 13. COUNCIL ONLY a) Council Policies and Procedures b) Council Conduct 101 c) Policy Making Process 1. How do we develop policy? d) Expectation/Ground Rules 1. Union Contracts/Labor negotiations; Rules Regulations 2. Attendance, including definition of presence (physical or phone); When telephone attendance is allowed 3. Policy and process for determining excused and unexcused absences 4. Correspondence/Communication; Emails/Text/Social Media/Council Newsletter 5. Council Communication: with residents, administration and council; Keeping everybody in the loop 6. Council Travel Policy and Procedures 7. Council Budget; Who pays for what? 8. Events/Workshops/Training; Who goes to what? 9. Committees of Council Policy 800-05 (Committee of Committees/Nominations/President Role/Chair Role) 10. AWC/NLC/SCA e) Parliamentary Procedure: Questions f) 2020 Council Meeting Calendar g) 2020 Agenda Bill Schedule h) Legislative Budget i) More: • Fellowship Program? • Town Hall Meetings? • Daycare during council meetings? • Other? Provide a safe, healthy, vibrant community Promote safety, health, and security through effective communication and service delivery Facilitate successful neighborhoods through community involvement Encourage and partner in the development of quality housing choices for people of all ages and income levels Promote a walkable, pedestrian and bicycle- friendly city with complete streets, trails, and connections between neighborhoods and community focal points Provide opportunities for communities to be better prepared for emergencies Promote economic vitality and strategically position Renton for the future Promote Renton as the progressive, opportunity- rich city in the Puget Sound region Capitalize on opportunities through bold and creative economic development strategies Recruit and retain businesses to ensure a dynamic, diversified employment base Nurture entrepreneurship and foster successful partnerships with businesses and community leaders Leverage public/ private resources to focus development on economic centers Support planned growth and influence decisions that impact the city Foster development of vibrant, sustainable, attractive, mixed-use neighborhoods in urban centers Uphold a high standard of design and property maintenance Advocate Renton’s interests through state and federal lobbying efforts, regional partnerships and other organizations Pursue transportation and other regional improvements and services that improve quality of life Balance development with environmental protection Building an inclusive informed city with opportunities for all Improve access to city services, programs and employment, and make residents and businesses aware of opportunities to be involved with their community Build connections with ALL communities that reflect the breadth and richness of the diversity in our city Promote understanding and appreciation of our diversity through celebrations and festivals Provide critical and relevant information on a timely basis and facilitate two-way dialogue between city government and the community Meet service demands and provide high quality customer service Plan, develop, and maintain quality services, infrastructure, and amenities Prioritize services at levels that can be sustained by revenue Retain a skilled workforce by making Renton the municipal employer of choice Develop and maintain collaborative partnerships and investment strategies that improve services Respond to growing service demands through partnerships, innovation, and outcome management Renton Business Plan 2020–2025 GOALS The City of Renton, in partnership and communication with residents, businesses, and schools, is dedicated to:MISSION Providing a safe, healthy, welcoming atmosphere where people choose to live Promoting economic vitality and strategically positioning Renton for the future Supporting planned growth and influencing decisions that impact the city Building an inclusive informed city with opportunities for all Meeting service demands through high quality customer service, innovation, a positive work environment, and a commitment to excellence Renton: The center of opportunity in the Puget Sound Region where families and businesses thrive VISION RENTON. AHEAD OF THE CURVE. AGENDA ITEM #3. b) Financial Forecast Contact: Jan Hawn, 425-430-6858 Background Every even-numbered year, the City of Renton adopts a budget that appropriates funds and establishes legal expenditure limits for the upcoming two years. The budget is based on clearly defined priorities that are developed through citizen input. The Mayor proposes a budget to City Council who, after additional public hearings and deliberation, ultimately adopts the budget. The City also prepares a six-year General Fund forecast in order to identify the longer-term impact on resources necessary to pay for roads, police, parks, and planning efforts that keep the City safe and functioning well as a community. Challenges There are many challenges in balancing the forecast over the longer term.  Revenues typically grow at a slower percentage than expenditures.  Property tax increases are limited to the lesser of inflation or 1% annually.  In 2018, the City received its last distribution of the sales tax annexation credit, amounting to approximately $3 million per year.  Aging infrastructure continues to be a challenge. Renton has contributed some of its operating revenues to fund necessary capital improvements, particularly in the area of transportations, parks, and facilities, but in doing so, the General Fund operating budget faces continued financial pressure. Because of these factors, the forecast shows a structural imbalance over time that the City will need to address. Opportunities The City has proactively taken steps to address financial sustainability.  The City engaged businesses and community leaders and implemented a business and occupation (B&O) tax in January 2016.  The Renton Regional Fire Authority formed effective July 1, 2016.  To address quality of life, the Council approved a bond issue and supporting levy for capital improvements for parks. The City of Renton’s taxes are low, which encourages economic growth and makes living in Renton more affordable as compared to other cities. It also provides an opportunity to increase revenues to address longer-term financial sustainability. The City’s largest General Fund revenue sources (which could be used to address the structural imbalance) come from property tax, business and occupation tax, and utility tax. Property Tax The City’s property tax levy for 2020 is set at $22 million which is just under 20% of General Fund revenues. Renton has the potential to levy as much as $38.9 million if Council adopts an ordinance identifying a substantial need. The reason that the City has this banked capacity is due, in large part, to having kept a commitment to lower its property tax levy with the formation of the Regional Fire Authority. The total property tax rate in Renton for 2020 is $11.12. Only $1.10 of the total levy comes back to the City, or approximately 9.9 cents for each tax dollar paid. This chart illustrates property tax rates for cities locally. Renton remains fairly low in comparison to other local jurisdictions. The median homeowner in Renton ($445,000) pays $490 per year to the City in property taxes.  Each additional 10 cent levy would increase revenue by approximately $2 million and add $45 for a median-priced home. Tukwila $2.73 Seatac $2.49 Seattle $2.22 Auburn $1.82 Newcastle $1.51 Kent $1.38 Des Moines $1.12 Renton $1.10 Redmond $1.09 Kirkland $1.02 Issaquah $0.95 Federal Way $0.94 Mercer Island $0.92 Bellevue $0.90 AGENDA ITEM #4. a) Business and Occupation Tax As noted above, to bridge the gap and to address the structure imbalance, the City implemented one of the tools available to help generate additional revenue. The City implemented its B&O tax effective January 1, 2016 and, in 2019, B&O taxes amounted to a little over $11 million, or approximately 8.4% of General Fund revenues. The City’s B&O tax is one of the lowest rates in the State. Renton also has the highest threshold for annual gross receipts and is the only city that has a cap. The specific provisions include:  Businesses with $500,000 or higher annual gross receipts are required to pay B&O tax.  The 2020 B&O tax maximum amount paid is capped at $4.7 million per year. This cap has been automatically adjusted annually by inflation starting January 1, 2017.  The tax rate is 0.05%. for retail businesses and 0.085% for all other business activities. This chart illustrates the taxation in Renton compared to other local jurisdictions. Because Renton’s rates are lower than most other jurisdictions, the City has significant amount of capacity to raise revenues.  An increase to 0.095% on all types of businesses would generate approximately $2.2M/year.  An increase to 0.095% on non-retail businesses would generate approximately $1.1M/year.  An increase to 0.06% on retail businesses would generate approximately $300K/year.  Decreasing the threshold to $250K would generate approximately $200K/year.  Increasing or eliminating the cap on the maximum gross receipts could generate significantly more revenue. Utility Tax Cities and towns in Washington State are authorized to levy a tax on the gross income derived from sales of utility services. The City of Renton received a little over $15 million, or just under 12% of General Fund revenues. The tax rate for electric, phone, and gas utilities are limited to 6% without voter approval, with no limita tion on other public utilities. The City currently levies a 6% utility tax on phone (both landline and cellular services), electric, natural gas, and cable services. The current tax rate for the City’s utilities is 6% for sewer and 6.8% for water, storm water, and garbage services.  An additional 1% on the city’s utilities could generate approximately $750,000 per year. Summary While the city has the ability to increase other fees and charges, the largest amount of revenue would be generated by property tax, B&O tax, and utility taxes. These revenues would allow the City of Renton to address long-term operating budget financial sustainability. Some of these revenues could potentially be used to provide funding for or to support long-term debt for aging infrastructure as well. Additional information regarding the City of Renton’s budget, forecast, and other related financial information can be found at: https://www.rentonwa.gov/city_hall/administrative_services/finance. Quarterly Annual Bellevue $170,000 Bellingham 0.0044 $5,000 $20,000 Burien $200,000 Des Moines $50,000 Everett***$5,000 $20,000 Issaquah $25,000 $100,000 Kent $62,500 $250,000 Lake Forest Park $5,000 Mercer Island $150,000 Renton $500,000 Seattle 0.00222 v 0.00222 v 0.00427 v 0.00222 v $100,000 Shoreline $125,000 $500,000 Tacoma 0.00400 $250,000 Local business & occupation (B&O) tax rates Effective January 1, 2020 City Manufacturing rate Retail rate Services rate Wholesale rate Threshold 0.001496 0.001496 0.001496 0.001496 0.0017 0.0017 0.0017 0.001 0.001 0.001 0.001 0.002 0.002 0.002 0.002 0.001 0.001 0.001 0.001 0.0012 0.0012 0.0015 0.0012 0.00046 0.00046 0.00152 0.002 0.002 0.002 0.002 0.002 0.001 0.001 0.001 0.001 0.00085 0.00050 0.00085 0.00085 0.001 0.001 0.002 0.001 0.00110 0.00153 0.00102 (v) = voter approved increase above statutory limit AGENDA ITEM #4. a) Summary of Revenue/Funding Options Source Estimated Amount Approval Process Purpose 1. Property Tax  Each 10¢ ~ $2 million/year Impact on median home ($445,000) ~$45/year Councilmanic based on “substantial need” or simple majority voter approval. Operating and/or Capital 2. B&O Tax Various, depending on nature of adjustment (threshold, rate, maximum, or combination); examples:  Increase all rates to .095%~$2.2M  Increase non-retail to .095%~$1.1M  Increase or eliminate cap ~ significantly more Council action Operating and/or Capital 3. Utility Tax  1% on city utilities ~ $750,000 Council action; however, the City can only raise tax on city operated utilities; other utilities require voter approval Operating 4. User Fees Rates are reviewed annually, but generate much smaller amounts of revenue. Council action Operating Notes: o City can issue bonds repaid by a property or B&O tax increase, but the bonds can only be used to for capital improvements. Each $1.5 million in revenue funds approximately $20 million in debt. o Other funding strategies include the establishment of other special taxing jurisdictions, for example, a Transportation Benefit District or a Metropolitan Park District. AGENDA ITEM #4. a) 2021-2022 Draft Budget Schedule Council Engagement Page 1 Council Workshop o Council Reviews Priorities and Business Plan o Preliminary Forecast o Review Budget Process With Council Regular Council Meeting o Public Hearing #1 Committee of the Whole o Council CIP / Budget Status Update Committee of the Whole o Mayor's Budget Message and Proposed Budget o Budget Overview Committee of the Whole o Department Presentations o Council deliberation o Department Presentations o Council deliberation o Department Presentations o Council deliberation o Consider draft committee report Regular Council Meeting o Public Hearing #2 o Public Hearing #3 o Adopt committee report o 1st reading of budget-related legislation Regular Council Meeting o 2nd reading and enactment of all budget-related legislation November 9, 2020 Committee of the Whole Committee of the Whole October 26, 2020 November 2, 2020 Regular Council Meeting October 12, 2020 October 19, 2020 February 28-29, 2020 June 1, 2020 Committee of the Whole August 10, 2020 October 5, 2020 AGENDA ITEM #4. b) Long Range Financial Projection, Adopted 2019-2024 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Summary ($ in Million)Actual Actual Actual Actual Projected Projected Projected Projected Projected Projected Beginning Fund Balance 12.3$ 14.8$ 24.4$ 31.5$ 44.5$ 36.3$ 30.8$ 26.3$ 19.9$ 11.7$ Operating Revenue 104.3$ 114.8$ 104.1$ 105.7$ 123.0$ 123.9$ 125.7$ 127.8$ 129.9$ 132.0$ Base Operating Expenditure1 (107.9) (104.8) (86.3) (89.7) (123.6) (128.5) (131.1) (135.0) (138.9) (143.0) Operating Surplus (Deficit)(3.7)$ 10.0$ 17.8$ 16.1$ (0.6)$ (4.6)$ (5.4)$ (7.2)$ (9.0)$ (11.0)$ 1X Sources2 10.3$ 5.3$ 0.6$ 0.0$ 2.5$ 1.5$ 1.3$ 1.2$ 1.2$ 1.1$ 1X Uses3 (4.1) (9.7) (11.3) (3.1) (10.2) (2.4) (0.4) (0.4) (0.4) (0.4) Net Resources - Uses 2.5$ 5.7$ 7.1$ 13.0$ (8.2)$ (5.5)$ (4.5)$ (6.4)$ (8.2)$ (10.3)$ Ending Fund Balance 14.8$ 20.5$ 31.5$ 44.5$ 36.3$ 30.8$ 26.3$ 19.9$ 11.7$ 1.5$ Ending Bal as % of Opr Budget (Target=12%)13.74%19.55%36.52%49.68%29.37%23.99%20.07%14.76%8.44%1.02% Key Revenue Assumptions:2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Sales Tax Growth4 9.0%12.1%0.3%2.7%-2.4%5.2%3.0%3.0%3.0%3.0% Property Tax1 13.0%2.5%-41.6%-9.5%45.3%22.4%2.0%2.0%2.0%2.0% B&O/Business License 2.0%0.0%2.0%2.0%2.0%2.0%2.0%2.0%2.0%2.0% Overall Operating Revenue Growth 4.1%10.1%-9.3%1.5%16.4%0.7%1.5%1.7%1.7%1.6% Wage Increase 2.5%2.0%2.5%2.5%3.5%-3.75%3.25%-3.5%3.0%3.0%3.0%3.0% Medical Cost Growth Rate 10.0%5.5%0.0%5.0%8.0%8.0%8.0%8.0%8.0%8.0% PERS (Pension) Contribution Rate 12.5%12.5%12.9%12.9%13.9%13.9%14.9%14.9%14.9%14.9% Overall Operating Expense Growth 7.5%-2.9%-17.6%3.8%37.9%3.9%2.0%3.0%2.9%2.9% $- $20.0 $40.0 $60.0 $80.0 $100.0 $120.0 $140.0 $160.0 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Operating Revenue Base Operating Expenditure Ending Fund Balance \\rv12rfps01\Depts\FIS\Finance\Budget\1CY\2.Budget Adjustments\2019-2020 Mid Biennium\1CY LRP_2019-2020 Mid-Bi scenario1/1 10/4/2019 AGENDA ITEM #4. c) Public Outreach •Residential Satisfaction Survey •Mayor’s Budget Advisory Committee •Three public hearings •Boards and Commissions •Public comments at each Council meeting •Email Finance at finance@rentonwa.gov AGENDA ITEM #4. d) Financial Management Policies I. Executive Summary The City of Renton is committed to maintaining the highest standards of responsible financial management. The City, including the City Council, Mayor and staff will work together to ensure that all financial matters of the City are addressed with care, integrity, and in the best interest of the City. The rules and procedures contained in this section are designed to:  Protect the assets of the City of Renton;  Ensure the maintenance of open and accurate records of the City’s financial activities;  Provide a framework of operating standards, behavioral expectations, and performance measures;  Ensure compliance with federal, state, and local legal and reporting requirements; and  Provide a means for the City Council to update and monitor these policies with the assistance and cooperation of the Mayor’s office and the Finance and Information Services Administrator.  These policies will be reviewed biennially during each budget cycle. The following lines of authority are to enable the City of Renton to ensure its policies are meeting their goals and promoting the financial wellness of the City. 1. The Renton City Council has the authority to execute such policies as it deems to be in the best interest of the City within the parameters of federal, state, and local law. 2. The Finance Committee has the authority to perform reviews of the organization’s financial activity, determine the allocation of investment deposits, and assure that adequate internal controls are in place. 3. The Mayor and Chief Administrative Officer (CAO) have the authority to oversee the development of the biennial budget, make spending decisions within the parameters of the approved budget, enter into contractual agreements, make capital asset purchase decisions and make decisions regarding the allocation of expenses within designated parameters. Unless otherwise specified in this document, principal responsibility for complying with the directives enumerated herein shall be vested in the Mayor. 4. Each Department Administrator has the authority to expend City funds within approved budget authority and in accordance with procedures prescribed by the Mayor’s Office, and to recommend spending requests within the parameters of the approved budget process to the Mayor. II. Financial Management Policies 1. Investment Policy (210‐07): Applies to the investment of available City funds excluding fire pension funds. a. The City has the responsibility to manage these invested funds through diversification of funds, attaining the highest interest rate available, and maintaining a sufficient level of liquidity to meet operating requirements that can be reasonably anticipated. This responsibility is delegated out to the Fiscal Services Director who shall act as the City’s Investment Officer. The actions taken by the City’s Investment Officer will be reviewed quarterly by the City Council’s Finance Committee, which is comprised of the Mayor, the Chief Administrative Officer, the Finance and Information Services Administrator, and a member of the City Council. 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 57 AGENDA ITEM #4. e) 2. Purchasing, Bidding, and Contracting Requirements Policy (250‐02): Applies to selection, bidding, leasing, and contract requirements for goods, services and public works project throughout the City. a. The City encourages funds expended by the City be reinvested in the local economy whenever it is possible and practical to do so. The City must also utilize uniform, efficient, and competitive bidding, purchasing, quoting, Request for Proposals (RFPs), cooperative purchasing, and Statements of Qualifications (SOQs) consistent with State law. This is to ensure that all public purchases and contracts for services, equipment, materials, supplies, and public works are executed and managed at the highest professional and ethical standard while achieving the greatest attainable level of quality and value permitted by law. 3. Bad Debt Policy (220‐03): Applies to handling the collection of bad debt. a. The City has designated the responsibility of formulating, implementing, and conducting the collection of bad debt to the Finance Department. When accounts are determined to be uncollectable by the Finance Department the accounts are then referred to the City’s designated collection agent. The Renton Municipal Court is responsible for conducting their own collection efforts and refer to their own designated collection agent. 4. Administration of Grants Policy (210‐09): Applies to the identification, application, administration, and reporting of grants from various external sources. a. Each department within the City will actively pursue opportunities to obtain grant resources, maintain an active and diverse portfolio, and utilize grant funds to supplement and enhance the long term goals and objectives of the City. The grant administration and applications shall be coordinated through the Grant Analyst. This policy includes all government grants, regardless of dollar amount, and all private grants over $30,000. 5. Surplus & Disposal of Surplus Personal Property Policy (250‐10): Applies to the efficient use and disposal of surplus personal property. a. The City’s surplus personal property that retains commercial value will be disposed of in the most cost effective and efficient manner that achieves the highest value for the City. The surplus property will first be transferred between departments as needed. After that the surplus property may be traded in, sold, or donated. A donation can only occur if the organization receiving the property serves or benefits the public in accordance with RCW 39.33.010. 6. Cash Control Policy (210‐05): Applies to the proper procedures for receipting and depositing cash and checks received by city departments. a. To facilitate citizens/customers doing business with the City of Renton, receipts will be written by each department who accepts payments. The departments will then remit the payments to the Finance Department to insure the safety of cash deposits and to maximize the investment of cash to its full potential. Fines and fess of less than $2.50, which are collected by the Library, are exempt from this policy. No checks shall be cashed or written for more than the amount of the purchase. 7. Purchasing Cards Policy (250‐18): Applies to the proper use of purchasing cars to procure goods or services for official City business purposes. a. Authorized cardholders can make purchases using a City issued purchasing card (“Card” or “ Cards”) to provide efficient, cost effective means to pay for goods and services for official City business. 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 58 AGENDA ITEM #4. e) b. The Card is designed to be a cost effective alternative to the traditional invoice payment process; it does not affect requirements to comply with State or Local procurement laws, regulations, or policies. c. The Card is not intended to replace effective procurement planning which can result in quantity discounts, reduced number of trips and more efficient use of City resources. d. The Administrative Services Administrator may establish additional rules and procedures from time to time consisted with this Policy and provide the appropriate forms and instructions. e. Exceptions to the rules may be made under declared emergencies upon written directive of the Mayor, Chief Administrative Officer, designated Emergency Management Official or their designee. 8. Budget Preparation & Control Policy (220‐01): Applies to the budget preparation responsibility and provide guidelines and procedures for expenditure control and budget amendments. The goal of this policy is to provide a comprehensive process for financial planning, control and evaluation of the City’s revenues and expenditures which complies with legal requirements and provides adequate financial information and controls. a. Budget Preparation: Department heads are required to prepare line item budgets requests, the Mayor and Finance staff use the requests to prepare and submit a preliminary budget for City Council to consider. The City Council will then adopt the final budget at the fund level by ordinance. b. Budget development: The City shall prepare a biennial budget that is consistent with state law, the long‐term financial planning model, the financial management policies, and industry best practices. i. The City of Renton’s biennial budget shall be prepared using the following schedule and process as a general guide: (a) Review stakeholder input such as surveys, public forums, neighborhood meeting notes and business community communication. (b) The Mayor, City Council and Chief Administrative Officer will conduct a goal‐setting retreat with the Department Administrators updating the Business Plan and other policy guidance. (c) The City Council and Administration will meet to review and discuss the prior year’s audited results, current year budget status, next budget schedule, process, budget guidelines and budget preparation items of interest. (d) The Administrative Services Administrator prepares the budget preparation instructions and meets with Department Administrators to distribute budget instructions and discuss budget preparation. (e) The instructions will include policy priorities, estimates of compensation adjustments, internal service and indirect charges. (f) Departments will provide to the Finance & IS Department budget estimates and requests conforming to the budget instructions. (g) The Mayor submits a proposed balanced Preliminary Budget to the City Council in conformance with state law. (h) A balanced budget should be comprised of funding recommendations for the operating and capital budgets that do not exceed the estimated resources of the entity. (i) The City Council conducts public hearings on the proposed budget in conformance with state law. (j) The City Council sets the City’s property tax levies. (k) The City Council adopts the final budget ordinance. (l) The Final Budget Document is published and posted to the City website. 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 59 AGENDA ITEM #4. e) ii. Budget amendments should be presented for consideration when the need arises. (a) Budget authority shall be at the fund level. (b) Changes resulting in a need to revise the appropriation authority shall be presented as they occur. c. Revenues i. Revenue forecasts shall assess the full spectrum of resources available to finance City programs and services. ii. The City shall consider the diversification of revenue as a strategy when developing its financial plans. iii. Should an economic downturn develop that results in (potential) revenue shortfalls or fewer available resources, the City will make appropriate adjustments to its budget. iv. Revenue estimates shall be based on forecasting methods recommended by the Government Finance Officers Association (GFOA) and will typically be more likely to be conservative rather than aggressive. d. Expenditures: Priority shall be given to expenditures that will improve productivity. In addition to the policies above the City of Renton also adheres to the following policies that are currently adopted on a biennial basis along with the budget document. 9. Accounting Records and Reports a. Basis of Accounting i. The City’s Comprehensive Annual Financial Report (CAFR) on its financial activity shall be presented in compliance with Generally Accepted Accounting Principles (GAAP) as defined by the Governmental Accounting Standards Board (GASB). b. Basis of Budget i. The City budget is presented on a GAAP basis of accounting. c. Fund Accounting i. The City of Renton’s accounting and budgeting systems use a fund accounting consistent with guidance provided by the GASB and the Washington State Auditor’s Office. ii. The funds are grouped into categories: General Fund, Special Revenue, Debt Service, Capital Projects, Enterprise, Internal Service, and Fiduciary/Trust. iii. The City Council shall create and eliminate funds as appropriate by separate ordinance, or through the budget ordinance. iv. Funds shall either be “external” or “internal” for financial reporting purposes. (a) Internal funds shall be separate sets of accounts for the purpose of enhancing internal management control only. These funds shall reside within an external fund. For cash management purposes, internal funds may rely on their related external fund without payment of interest or violation of the City’s cash management policies. (See Interfund Loan policy for further clarification). v. The City’s financial accounting system shall assure that the status and transactions of each account and their relationship to budget authority is clear. d. Financial Reporting 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 60 AGENDA ITEM #4. e) i. The CAFR shall be timely and comprehensive and meet or exceed professional industry standards. ii. The City’s budget documents shall provide for comparison with prior years. iii. Revenue and expenditure reports shall be prepared monthly and be available on the City’s website. iv. A written analysis of the City’s monthly report shall be prepared quarterly, coordinated with the Chief Administrative Officer and Mayor, reviewed with the City Council, and available on the City’s website. v. All budget amendments shall be included in the monthly report. vi. Any outstanding interfund loans shall be disclosed in the quarterly report. e. Audit i. The City shall commission an annual audit of its financial reports and related records to be conducted by the Washington State Auditor’s Office. ii. At the conclusion of the audit, the auditor shall be available to brief the City Council on the results. iii. The results of the audit shall be available to the public. 10. Financial Planning a. The City shall maintain a long‐term (five year) financial planning model. i. The financial planning model shall: (a) be based on the currently adopted budget; (b) utilize these policies; (c) be based on assumptions and drivers realistically expected to occur; (d) clearly document the assumptions and drivers used and the results of the use of such assumptions and drivers; (e) be designed in such a way to permit analysis of alternative strategies; (f) relate to the related plans of the City to include Service Delivery Plans, Comprehensive Plans, Master Plans, etc.; and (g) shall be prepared for the General Government and such other funds as the deemed necessary. b. Capital Improvements i. A comprehensive six‐year plan for City capital investments shall be prepared biennially and adopted by the City Council as part of the City budget. (a) All projects included in the Capital Investment Program (CIP) shall be consistent with the City’s Comprehensive Plan. (b) The Capital Investment Program shall be prepared in consultation with Council Committees for ongoing capital investments. ii. All proposed capital improvement projects shall include a recommended or likely source of funding. iii. Private development (including residential, commercial and industrial projects) shall pay its fair share of the capital investments that are necessary to serve the development in the form of system development charges, impact fees, mitigation fees, or benefit districts. iv. Capital project proposals should indicate the project's impact on the operating budget, including, but not limited to, long‐term maintenance costs necessary to support the investment. v. Capital projects shall be budgeted for on a project life basis (rather than fiscal year). 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 61 AGENDA ITEM #4. e) 11. Policy on Stabilization Funds: Sufficient fund balances and reserve levels are important in the long‐ term financial stability of the City. a. The City shall maintain reserves required by law, ordinance and/or bond covenants. i. General Government (a) The City shall maintain reserves in the General Government Funds at least 8% of total budgeted operating expenditures with a target of 12%. (b) In addition, the City shall maintain an additional reserve as a part of the City’s Risk Management Funds in a minimum amount of at least 8% of General Fund operating expenditures. (c) In addition, the City shall maintain an “Anti‐Recessionary Reserve” in an amount of at least 4% of General Government budgeted operating expenditures. Expenditures utilizing the “Anti Recessionary Reserve” require a two‐thirds majority vote of the City Council and will be replenished within three (3) years. (d) In addition, the City shall accumulate reserves of $5,400,000 for the Annexation Sales Tax Credit Expiration/Transition using year‐end savings, until fully funded. Expenditures utilizing the “Annexation Sales Tax Credit Expiration/Transition Reserve” require a two‐thirds majority vote of the City Council. (e) In addition, the City shall reserve $2,500,000 for the Economic Development Revolving Fund using year‐end savings until funded. Expenditures utilizing the “Economic Development Revolving Fund Reserve” require a two‐thirds majority vote of the City Council. ii. Debt Service (a) The City shall maintain one year payments in voted general obligation debt service funds and revenue bonds. (b) In addition, a one year payment reserve will be established for all councilmanic general obligation bonds issued after 2013. iii. Enterprise Funds (a) Water, Wastewater, and Surface Water Utility Fund shall each maintain reserves of 12% of total budgeted operating expenses or 30 to 45 days. (b) King County Wastewater Treatment Fund shall maintain reserves of $380,000 (approximately 3% of total operating expenses). (c) Solid Waste Fund shall maintain reserves of $400,000. (d) Golf Fund shall maintain reserves of 25% of total budgeted operating expenses. (e) All other Enterprise Funds shall maintain reserves of 10% ‐ 20% of total budgeted operating expenses. iv. Reserve balances of other funds shall be set through the budget process in an amount consistent with the purpose and nature of the fund. b. Replacement reserves shall be established for equipment, and computer software should the need continue beyond the estimated initial useful life, regardless of whether the equipment is acquired via lease, gift or purchase. Service charges paid by City departments to the appropriate Internal Service funds should include an amount to provide for replacements. i. The City shall establish a Public Safety Small Equipment Reserve as a sub‐fund to the Equipment Rental Fund. Beginning 2015, the City shall contribute $200,000 a year to accumulate reserves specifically for Public Safety small equipment items. 12. Policy on Fees and Charges 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 62 AGENDA ITEM #4. e) a. The City shall biennially review all fees for licenses, permits, fines, rates and other miscellaneous charges as part of the budget process. b. User charges and fees shall be established based at a percentage of the full cost of providing the service, unless otherwise provided by statute or regulation. i. Full cost incorporates direct and indirect costs, including operations and maintenance, overhead, and charges for the use of capital facilities. ii. Other factors for fee or charge adjustments may also include the impact of inflation, other cost increases, the adequacy of the coverage of costs, and current competitive rates. c. Proposed rate adjustments, user charges and fees shall be presented to the City Council for approval for each year as part of the Mayor’s proposed Preliminary Biennial Budget to the Council. d. The City shall rigorously collect all amounts due. 13. Policy on Utility Funds a. The City shall establish and maintain separate utility operating and capital investment funds and budgets for each of its utility operations. b. Utility rate studies shall be conducted every six years to update assumptions and ensure the long‐ term solvency and viability of the City’s Utilities. c. Utility rates and capital fees shall be reviewed biennially and necessary adjustments made to avoid major rate increases. d. The City shall use system development charges, grants and low interest loans to fund capital projects where possible. Overall, the utilities should maintain a debt to equity ratio of 60/40. e. Each Utility should fund an amount of the cost equal to the annual “depreciation expense” of capital assets less debt service principal payments. f. System Development Charges (SDCs) shall be established at levels to ensure that all customers seeking to connect to the City’s utility systems shall bear their equitable share of the cost of both the existing and future systems. g. Debt financing of utility improvements will be consistent with the utility master plans, council rate policies and other factors so as to smooth the effect of major improvements on utility rates. h. The City shall strive to maintain minimum debt service “coverage” with the net revenue (gross operating revenue of the Utilities less operating and maintenance expenses) of the combined Utilities being 1.25 ‐ 1.5 times the actual debt and the net revenue of the individual Utility being at least 1.25 times the actual debt. i. Capital Contingency as System Reinvestment and Debt Service: i. Surface Water: 1.25 DSC and approximately $3 million annual system reinvestment ii. Wastewater: 1.25 DSC and approximately $3 million annual system reinvestment iii. Water: 1.25 DSC and approximately $4 million annual system reinvestment 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 63 AGENDA ITEM #4. e) j. Bonds Versus Cash Funded Projects i. All non‐CIP projects should be paid for using rates (programs, system plans, education materials, etc.) ii. All system reinvestment, maintenance, replacement and rehabilitation CIPs should be paid for using rates. iii. CIPs for new infrastructure, growth, or increased capacity can be paid for using bonds. 14. Policy on Debt Issuance and Management a. Long‐term borrowing shall be confined to capital investments or similar projects with an extended life when it is not practical to be financed from current revenues. The City shall not use long‐term debt to finance current operations. b. Debt payments shall not extend beyond the estimated useful life of the project being financed. The City shall keep the average maturity of general obligation bonds at or below fifteen years, unless special circumstances arise warranting the need to extend the debt schedule. c. The City shall work to maintain strong ratings on its debt including maintaining open communications with bond rating agencies concerning its financial condition. d. With Council approval, interim financing of capital projects may be secured from the debt financing market place or from other funds through an interfund loan as appropriate in the circumstances. e. The City may issue interfund loans when appropriate and consistent with a separately adopted City Council policy on the subject. f. When issuing debt, the City shall strive to use special assessment, revenue or other self‐supporting bonds in lieu of general obligation bonds. g. Long‐term general obligation debt shall be utilized when necessary to acquire land or capital assets based upon a review of the ability of the City to meet future debt service requirements. The project to be financed should also be integrated with the City’s long‐term financial plan and Capital Investment Program. h. General obligation debt should be used when the related projects are of a benefit to the City as a whole. i. General Obligation Bond (Voted): ii. Every project proposed for financing through general obligation debt should be accompanied by a full analysis of the future operating and maintenance costs associated with the project. iii. Limited Tax General Obligation Bond (Non‐Voted): (a) The City should avoid issuing general obligation (non‐voted) debt beyond eighty percent (80%) of its general obligation debt capacity. i. The City shall use refunding bonds where appropriate when cost savings can be achieved of at least 4% (NPV), restructuring its current outstanding debt and/or improving restrictive bond conditions. j. The City’s financial team for the issuance of debt shall consist of the Council, Mayor, CAO, Administrative Services Administrator, applicable department management (related to the projects 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 64 AGENDA ITEM #4. e) to be financed), City Legal Counsel, designated bond counsel, financial advisor and underwriter in order to effectively plan and fund the City’s capital investment projects. i. Through a competitive selection process conducted by the Administrative Services Administrator with consultation with the Mayor, Chief Administrative Officer and Legal Counsel, the City shall select the most qualified financial advisor / underwriter and bond counsel. ii. These services shall be regularly monitored by the Administrative Services Administrator. k. The City shall evaluate the best method of sale for each proposed bond issue. i. When a negotiated sale is deemed advisable (in consultation with the Mayor and City Council) the Administrative Services Administrator shall negotiate the most competitive pricing on debt issues and broker commissions in order to ensure the best value to the City. ii. When a negotiated sale is used, the City shall use an independent financial advisor to advise the City’s participants in matters such as structure, pricing and fees. l. The City shall comply with IRS regulations concerning use of, and reinvestment of bond proceeds. i. The City shall monitor and comply with IRS regulations with regard to potential arbitrage earnings. If arbitrage earnings are believed to be above amounts provided by IRS regulations, the City will set aside earnings in order to pay the appropriate amount to the federal government as required by IRS regulation. m. The City shall provide full secondary market disclosure related to outstanding debt. 15. Policy on Post‐Issuance Compliance for Tax‐Exempt Bonds a. Purpose The purpose of these post‐issuance compliance policies and procedures ("Compliance Policy") for tax‐ exempt bonds issued by The City of Renton, Washington (the "City") is to ensure that the City will be in compliance with requirements of the Internal Revenue Code of 1986, as amended (the "Code"), that must be satisfied with respect to tax‐exempt bonds and other obligations ("bonds") after the bonds are issued so that interest on the bonds will be and remain tax‐exempt. b. Responsibility for Monitoring Post‐Issuance Tax Compliance. The City Council of the City has the overall, final responsibility for monitoring whether the City is in compliance with post‐issuance federal tax requirements for the City's tax‐exempt bonds. However, the City Council assigns to the Administrative Services Administrator of the City the primary operating responsibility to monitor the City's compliance with post‐issuance federal tax requirements for the City's tax‐exempt bonds. c. Arbitrage Yield Restriction and Rebate Requirements. i. The Administrative Services Administrator shall maintain or cause to be maintained records of: ii. purchases and sales of investments made with bond proceeds (including amounts treated as "gross proceeds" of bonds under section 148 of the Code) and receipts of earnings on those investments; iii. expenditures made with bond proceeds (including investment earnings on bond proceeds) for the governmental purposes of the bonds, such as for the costs of purchasing, constructing and/or renovating property and facilities; iv. information showing, where applicable for a particular calendar year, that the City was eligible to be treated as a "small issuer" in respect of bonds issued in that calendar year because the City 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 65 AGENDA ITEM #4. e) did not reasonably expect to issue more than $5,000,000 of tax‐exempt bonds in that calendar year; v. calculations that will be sufficient to demonstrate to the Internal Revenue Service ("IRS") upon an audit of a bond issue that, where applicable, the City has complied with an available spending exception to the arbitrage rebate requirement in respect of that bond issue; vi. calculations that will be sufficient to demonstrate to the IRS upon an audit of a bond issue for which no exception to the arbitrage rebate requirement was applicable, that the rebate amount, if any, that was payable to the United States of America in respect of investments made with gross proceeds of that bond issue was calculated and timely paid with Form 8038‐T timely filed with the IRS; and vii. information and records showing that investments held in yield‐restricted advance refunding or defeasance escrows for bonds, and investments made with unspent bond proceeds after the expiration of the applicable temporary period, were not invested in higher‐yielding investments. d. Restrictions on Private Business Use and Private Loans. The Administrative Services Administrator shall adopt procedures that are calculated to educate and inform the principal operating officials of those departments, including utility departments, if any, of the City (the "users") for which land, buildings, facilities and equipment ("property") are financed with proceeds of tax‐exempt bonds about the restrictions on private business use that apply to that property after the bonds have been issued, and of the restriction on the use of proceeds of tax‐exempt bonds to make or finance any loan to any person other than a state or local government unit. In particular, following the issuance of bonds for the financing of property, the Administrative Services Administrator shall provide to the users of the property a copy of this Compliance Policy and other appropriate written guidance advising that: i. "private business use" means use by any person other than a state or local government unit, including business corporations, partnerships, limited liability companies, associations, nonprofit corporations, natural persons engaged in trade or business activity, and the United States of America and any federal agency, as a result of ownership of the property or use of the property under a lease, management or service contract (except for certain "qualified" management or service contracts), output contract for the purchase of electricity or water, privately sponsored research contract (except for certain "qualified" research contracts), "naming rights" contract, "public‐private partnership" arrangement, or any similar use arrangement that provides special legal entitlements for the use of the bond‐financed property; ii. under section 141 of the Code, no more than 10% of the proceeds of any tax‐exempt bond issue (including the property financed with the bonds) may be used for private business use, of which no more than 5% of the proceeds of the tax‐exempt bond issue (including the property financed with the bonds) may be used for any "unrelated" private business use‐that is, generally, a private business use that is not functionally related to the governmental purposes of the bonds; and no more than the lesser of $5,000,000 or 5% of the proceeds of a tax‐exempt bond issue may be used to make or finance a loan to any person other than a state or local government unit; iii. before entering into any special use arrangement with a nongovernmental person that involves the use of bond‐financed property, the user must consult with the Administrative Services Administrator, provide the Administrative Services Administrator with a description of the proposed nongovernmental use arrangement, and determine whether that use arrangement, if put into effect, will be consistent with the restrictions on private business use of the bond‐ financed property; 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 66 AGENDA ITEM #4. e) iv. in connection with the evaluation of any proposed nongovernmental use arrangement, the Administrative Services Administrator should consult with nationally recognized bond counsel to the City as may be necessary to obtain federal tax advice on whether that use arrangement, if put into effect, will be consistent with the restrictions on private business use of the bond‐ financed property, and, if not, whether any "remedial action" permitted under section 141 of the Code may be taken by the City as a means of enabling that use arrangement to be put into effect without adversely affecting the tax‐exempt status of the bonds that financed the property; and v. the Administrative Services Administrator and the user of the property shall maintain records of such nongovernmental uses, if any, of bond‐financed property, including copies of the pertinent leases, contracts or other documentation, and the related determination that those nongovernmental uses are not inconsistent with the tax‐exempt status of the bonds that financed the property. e. Records to be Maintained for Tax‐Exempt Bonds. It is the policy of the City that, unless otherwise permitted by future IRS regulations or other guidance, written records (which may be in electronic form) will be maintained with respect to each bond issue for as long as those bonds remain outstanding, plus three years. For this purpose, the bonds include refunding bonds that refund the original bonds and thereby refinance the property that was financed by the original bonds. The records to be maintained are to include: i. the official Transcript of Proceedings for the original issuance of the bonds; ii. records showing how the bond proceeds were invested, as described in 3a above; iii. records showing how the bond proceeds were spent, as described in 3b above, including purchase contracts, construction contracts, progress payment requests, invoices, cancelled checks, payment of bond issuance costs, and records of "allocations" of bond proceeds to make reimbursement for project expenditures made before the bonds were actually issued; iv. information, records and calculations showing that, with respect to each bond issue, the City was eligible for the "small issuer" exception or one of the spending exceptions to the arbitrage rebate requirement or, if not, that the rebate amount, if any, that was payable to the United States of America in respect of investments made with gross proceeds of that bond issue was calculated and timely paid with Form 8038‐T timely filed with the IRS, as described in 3c, d and e above; and v. records showing that special use arrangements, if any, affecting bond‐financed property made by the City with nongovernmental persons, if any, are consistent with applicable restrictions on private business use of property financed with proceeds of tax‐exempt bonds and restrictions on the use of proceeds of tax‐exempt bonds to make or finance loans to any person other than a state or local government unit, as described in 4 above. The basic purpose of the foregoing record retention policy for the City's tax‐exempt bonds is to enable the City to readily demonstrate to the IRS upon an audit of any tax‐exempt bond issue that the City has fully complied with all federal tax requirements that must be satisfied after the issue date of the bonds so that interest on those bonds continues to be tax‐exempt under section 103 of the Code. f. Identification and Remediation of Potential Violations of Federal Tax Requirements for Tax‐Exempt Bonds. i. So long as any of the Issuer’s tax‐exempt bond issues remain outstanding, the Administrative Services Administrator will periodically consult with the users of the Issuer’s bond‐financed 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 67 AGENDA ITEM #4. e) property to review and determine whether current use arrangements involving that property continue to comply with applicable federal tax requirements as described in these Compliance Procedures. This may be accomplished, for example, by periodically meeting with users, providing questionnaires to users about current use arrangements, or adopting other protocols reasonable calculated to ensure compliance with applicable federal tax requirements on a continuing basis. This periodic review may be scheduled, for example, at or before the times that the Issuer is required to file with Municipal Securities Rulemaking Board the annual financial information and operating data pursuant to the Issuer’s undertaking, if any, to provide continuing disclosure with respect to outstanding bond issues. ii. If at any time during the life of an issue of tax‐exempt bonds, the Issuer discovers a violation of federal tax requirements applicable to that issue may have occurred, the Administrative Services Administrator will consult with bond counsel to determine whether any such violation actually has occurred and, if so, take prompt action to accomplish an available remedial action under applicable Internal Revenue Service under the Voluntary Closing Agreement Program described under Notice 2008‐31 or other future published guidance. g. Education Policy With Respect to Federal Tax Requirements for Tax‐Exempt Bonds. It is the policy of the City that the Administrative Services Administrator and his or her staff, as well as the principal operating officials of those departments of the City for which property is financed with proceeds of tax‐exempt bonds should be provided with education and training on federal tax requirements applicable to tax‐exempt bonds. The City recognizes that such education and training is vital as a means of helping to ensure that the City remains in compliance with those federal tax requirements in respect of its bonds. The City therefore will enable and encourage those personnel to attend and participate in educational and training programs offered by, among others, the Washington Municipal Treasurers Association and the Washington Finance Officers Association with regard to the federal tax requirements applicable to tax‐exempt bonds. 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 68 AGENDA ITEM #4. e) City Funds and Fund Structure Key Report 000 General A E 001 Community Services A I (000) 003 Streets A I (000) 004 Community Development Block Grant A I (000) 005 Museum A I (000) 009 Farmers Market A I (000) Total General Government SPECIAL REVENUE FUNDS: 102 Arterial Streets I (317) 108 Leased City Properties E 110 Special Hotel‐Motel Tax E 125 One Percent for Art E 127 Cable Communications Development E 135 Springbrook Wetlands Bank E DEBT SERVICE FUNDS: 201 1997 LIM GO Bonds ‐ City Hall A I (000) 215 Gen Govt Misc Debt Service A I (000) CAPITAL PROJECT FUNDS (CIP): 303 Community Services Impact Mitigation I (316) 304 Fire Impact Mitigation E 305 Transportation Impact Mitigation I (317) 316 Municipal Facilities CIP E 317 Transportation CIP E 318 South Lake Washington Infrastructure Project CIP E 326 Housing Opportunity / Economic Development CIP I (316) 336 New Library Development I (316) A. General Government Funds share general revenues. Therefore, no interest shall be charged for loans between funds. E. External Fund for Reporting Purposes I. Internal Fund for Management Purposes 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 69 AGENDA ITEM #4. e) City Funds and Fund Structure (continued) ENTERPRISE FUNDS: Key External Reporting Internal Reporting 402 Airport Operations E 403 Solid Waste Utility E 404 Municipal Golf Course System E 405 Water Operations B E 406 Wastewater Operations B I (405) 407 Surface Water Operations B I (405) 416 King County Metro B I (405) (406) 422 Airport Capital Investment I (402) 424 Municipal Golf Course System CIP I (404) 425 Water CIP B I (405) 426 Wastewater CIP B I (405) (406) 427 Surface Water CIP B I (405) (407) 471 Waterworks Rate Stabilization B I (405) INTERNAL SERVICE FUNDS: 501 Equipment Rental E 502 Insurance E 503 Information Technology I (501) 504 Facilities I (501) 505 Communications I (501) 512 Healthcare Insurance I (502) 522 Leoff1 Retirees Healthcare I (502) FIDUCIARY FUNDS: 611 Firemen's Pension E B. Water Utility Funds shall be managed as a system such that balance sheet accounts are merged for management and reporting purposes. E. External Fund for Reporting Purposes I. Internal Fund for Management Purposes 2019/2020 Adopted Budget City of Renton, Washington Executive Summary - Financial Management Policies 1 - 70 AGENDA ITEM #4. e) MISSION Enhance the vitality and livability of the Renton community by promoting a prosperous economy and quality neighborhoods, through economic development, sound urban planning and streamlined land use regulation. RESPONSIBILITIES The Department of Community & Economic Development (CED) initiates and leads economic development, land use planning and permitting, and regulation of all aspects of the development process, while working with residents, the business community and other community organizations to enhance the economic prosperity, vitality and livability of the community for the Renton community. CITY OF RENTONCOMMUNITY &ECONOMIC DEVELOPMENT CHALLENGES Market Condi�ons: the Renton economic profile has not “matured” to the extent needed to advance significant ver�cal (mul�-story) development in key growth centers (Sunset Area & Downtown) in the City. Housing costs con�nue to rise with nega�ve effects for vulnerable popula�ons. The City will need to broaden available funding through partnerships such as Microso� & others and revenue from the State to increase housing opportuni�es. Shovel ready land: The City has a very limited number of proper�es available for large redevelopment projects. Balancing growth with the cost of growth: new growth adds value physically and financially but there are externali�es of growth (conges�on, parking, air pollu�on) that need to be addressed and balanced. Unmo�vated/disinterested property owners: There are a number of property owners in key areas planned for growth that con�nue to not invest and maintain or market their proper�es. Infrastructure investment: Investment in new and maintenance of exis�ng infrastructure con�nues to lag behind planned growth. CED capital budget: CED does not have a capital budget to enhance and support economic and infrastructure development. Uncoordinated growth in the City’s poten�al annexa�on area (PAA): Renton has the largest PAA in King County including: West Hill, Fairwood, and East Renton Plateau. King County has been unwilling to plan in a coopera�ve/coordinated manner with the City in its PAA. Mul�-governmental complexity and overlap: Renton is a city of over 100K in a county of approximately 2M and a region of approximately 4M residents. Many issues in Renton need to be addressed at the county, region, and state levels. Sustainability / Environment: Recent updates to both Countywide Planning Policies & Vision 2050 significantly advance addi�onal work & responsibility to address climate change on behalf of local government. AGENDA ITEM #5. a) OPPORTUNITIES Con�nue to implement the Civic Core Vision & Ac�on Plan to fulfill the vision of Renton’s CBD and City Center Community Plan for the broader area. Transit oriented development (TOD) subarea plan: Develop a blueprint for growth and investment around public transit investments at the Rainier-Grady Junc�on to include all transporta�on modes and workforce/affordable housing. Staff resources: CED has the best Planning, Economic Development and Permi�ng staff in King County to address policy and regulatory challenges, while providing high quality customer service. Volunteerism: Excep�onal capacity and human capital on the City’s/Department’s Boards and Commissions including: the Planning Commission, City Center Community Plan Advisory Board, Benson Hill Community Plan Advisory Board and the Municipal Arts Commission. Arts & Culture: Con�nued support of investment in the arts to provide enhanced quality of life for Renton businesses and residents. Strong economic base: Con�nue to build on and expand Renton’s economic base in order to provide enhanced tax revenue and allow people to live closer to work. 200 Mill Avenue: Ensure the successful development of the former City Hall site into an a�rac�ve and successful gateway into downtown with a valuable public amenity along the Cedar River. South Lake Washington investments: Ensure the con�nued investment and support of new development including: Southport, hotels, The Landing, and Topgolf. Comprehensive Plan Update: The Growth Management Act requires the City’s Comprehensive Plan be updated and adopted by 2023. This will provide the City a chance to refine its “blueprint” for growth and be�er balance growth and investments with the City’s vision. Technology: Technological investments will con�nue to improve the City’s and Department’s ability to provide high quality customer service and improved public access with predictable outcomes. WWW.RENTONWA.GOV | 1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 AGENDA ITEM #5. a) Transportation Systems Current Conditions: The Puget Sound Region contfnues to grow with more people moving here and jobs being created in regional growth centers such as Renton. The challenge will be to accommodate this growth while maintaining our community character and increasing mobility optfons. A sustainable balanced approach will be needed that includes more street and trail connectfons, roadway efficiencies such as two-way street grids, and providing more choices like light rail and buses, with a heightened emphasis on walking and bicycling for shorter trips. Action Plan: To implement this balanced approach the City will need to focus on enhancing partnerships within Renton and the region as well as strategic investments by the City. We have worked with the Washington State Department of Transportatfon to provide more capacity and access to I-405 as well as increase speed and reliability for transit. We are also currently working with Sound Transit and King County Metro on two new transit statfons in Renton and enhanced service connectfons to other regional growth centers. More details at: rentonwa.gov/wellswilliams The Transportatfon Systems Division creates and maintains an interconnected, multfmodal network so that people and goods move safely and efficiently. Contact: Jim Seitz, Transportatfon Director 425 430-7245 Transforming the Downtown Civic Core:  Completed Main Street Conversion Project  2020 Wells and Williams Constructfon Begins  2020 Design work of Renton Connect & South 2nd Street Conversion Project Begins  2022 Rainier Avenue South Phase 4 Begins Strategic Efforts to Improve Access to Transit:  Completed Renton Transit Access Study  Working with Kent, Auburn and Metro on Area Mobility Plan for the future Rapid Ride I-Line  Enhancements to service for the routes 148 and 906 scheduled for this Fall  Working with Sound Transit on new South Renton Transit Center  There is stfll inequitfes in the service provision of transit service in low income areas (see attached maps) AGENDA ITEM #6. a) Regional Transportation/Transit Issues Downton Renton is the convergence zone of multfple regional transportatfon networks - state highways (I-405, SR 167, SR 169, SR 515), regional county trails (Green River Trail, Lake to Sound Trail, Lake Washington Loops Trail, Cedar River Trail, Eastside Rail Corridor “EasTrail”), and transit systems (Sound Transit’s Sounder commuter rail and Metro’s Rapid Ride F). Renton has one existfng Rapid Ride line (F-Line) and is currently in the planning stage of another between Auburn and Renton (I-Line). Sound Transit is currently developing a Bus Rapid Transit (BRT) line along the I-405 corridor between Lynnwood and Burien, “Stride”. The only off -line statfon for the I-405 BRT is the proposed South Renton Transit Statfon at the intersectfon of Rainier Ave S. and Grady Way which makes travel to and from I-405 a priority. All bus rapid transit routes will connect at this new statfon. Challenges and Opportunities Street Overlays Challenge: The City has been underinvestfng in street maintenance for years. The current overlay ratfng, an average citywide is 68. In the 1980’s, the city PCI was higher than 80. Opportunity: An additfonal $2-3 million annually should be invested into our street overlay program annually to meet out citywide goal of 70. A pavement management program has the ability to track pro- gress because it holds roadway conditfon data over tfme. Proac- tfve restoratfon before full-pavement reconstructfon is required is more cost effectfve in the long run. AGENDA ITEM #6. a) Capital Project Implementation Challenge: The City is completely reliant upon grants for funding street projects in the City’s TIP. While the City has been successful, there are many projects on the TIP that would benefit safety, enhance neighborhoods, and improve mobility but the City has not been able to provide an annual allotment of resources that could complete several of these projects. Opportunity: An increase in the annual investment in streets would allow significant opportunity to complete important projects on the TIP that currently have no realistfc chance to be funded by grants. Capital Investment Program (CIP) Summary Comparison of city funds in adopted budget documents (in $000s). Does not include other government revenues or mitfgatfon fee. Walkway Connectivity Challenge: There are many gaps in our trails and sidewalk systems with minimal funding provided. Opportunity: There are strategic investments that could eliminate sidewalk gaps and would improve safe connectfons for pedestrians and bicyclists. Increasing the annual investment and an update to the sidewalk master plan would enable the city to fill many of these gaps. Miles of Streets with Existing Sidewalk (does not account for existing condition) % comparison of city-maintained streets with/without sidewalks, organized by roadway type, Total centerline miles = 327 AGENDA ITEM #6. a) Current Traffic Operations Stats and Projects  Created New 20 MPH Speed Limit Program For R esident Streets  Expanded the Radar Speed Limit Sign Program  Responded to 317 Citfzen Requests in 2019 & Completed 136 Associated Work Orders  Improving School Crossings Improving Traffic Safety Challenge: Safety for all modes is a key component of a transportatfon system. In reviewing crash data from 2014- 2018, less than 2% have resulted in fatalitfes and/or serious injuries. However, the State and Federal Target Zero initfatfves intend to move toward preventfng any of these type of crashes. (see attached maps) Opportunity: City staff are moving forward with developing a Road Safety Plan to address priority mitfgatfon sites proactfvely and have consistently prioritfzed responding to requests from the public. Pedestrian and Bicycle Crashes within City of Renton ROW Technology - Intelligent Transportation Systems (ITS) Challenge: Citfes around the country are moving to becoming a “Smart City” which utflizes technology more and more. This requires infrastructure to support the effort and requires significant buy-in to move progress forward. The last ITS plan was completed in 2006. Opportunity: Addressing traffic congestfon is one way ITS has helped transportatfon systems. The city should contfnue to invest in the latest technology for signal coordinatfon and signal pre-emptfon for transit. Our Scoot Adaptfve Signal System has been very successful in moving high volumes of traffic through the congested SW 43rd St./ S. Carr Road corridor. We would expand this system to other corridors as funding would become available. To implement more strategic technology, a concerted effort in building out the fiber network will need to be taken. Additfonal staffing (maintenance and engineering) will be needed to make the best use of the new technology as it is implemented. Existfng Fiber Cable Planned Corridors* *from ITS Master Plan, funding not programmed AGENDA ITEM #6. a) Airport Challenge: New FAA safety regulatfons are affectfng the available space for tenants including the Boeing Company. The airport land is limited for growth and, as an enterprise fund, is responsible to be self-supportfng. Opportunity: Completfon of the Master Plan and a new rate study will provide a sustainable vision for the Airport.  Renton Municipal Airport currently generates annual business revenues of $13.6 billion for the region. *  3rd most economically impactiul airport in Washington State*  Higher aerospace productfon rates will lead to the greater flow of material and workers * Washington Aviatfon Economic Impact Study – January 2020 (2018 impact year) AGENDA ITEM #6. a) Rapid Ride (Existing) Rapid Ride (2023) Rapid Ride (Future) Sound Transit BRT (Future) All-Day Routes (Existing) Percent Population at or Below Poverty Line Lower Density Higher Density 0 0.5 1 Miles° Current and Future Bus Routes & Poor Population January 29, 2020 ° AGENDA ITEM #6. a) Rapid Ride (Existing) Rapid Ride (2023) Rapid Ride (Future) Sound Transit BRT (Future) All-Day Routes (Existing) Percent Population at or Below 2x Federal Poverty Line (Working Poor) Lower Density Higher Density 0 0.5 1 Miles° Current and Future Bus Routes & Working Poor Population January 29, 2020 ° AGENDA ITEM #6. a) Local Road Safety Plan 2014-2018 Focused Fatal & Serious Crashes 0 6,4003,200 Feet 0 0.5 10.25 Miles Legend City Limits Crash Type Head On Hit Cyclist Hit Fixed Object, Roadway Departure Hit Pedestrian 1 inch equals 3,200 feet AGENDA ITEM #6. a) COUNCIL RETREAT 2020 POLICE DEPARTMENT Mission Working together to provide professional and unbiased law enforcement services to our community by proactively addressing crime and safety-related concerns and implementing reactive and proactive measures to reduce both the fear of crime and actual crime in our community. STAFFING CHALLENGES OPPORTUNITIES • Recruiting a workforce reflective of our community • Achieve optimum staffing levels • Retaining quality personnel • Steady increase in case management for investigations division and records personnel • Creating a rewarding work environment through workforce development • Enhance officer wellness program and peer support • Become the destination location for police applicants • Optimize current workspace to accommodate future staffing TECHNOLOGY CHALLENGES OPPORTUNITIES • Mandated training requirements for all personnel • Complexity of investigations requires advanced proficiency and equipment • Improve forensic capabilities by utilizing advanced training • Improve reactionary and decision-making abilities • Expand EHD as alternative to incarceration and revenue source COMMUNITY OUTREACH CHALLENGES OPPORTUNITIES • Engagement with a broader and more diverse community • Work with external organizations to improve community relations • Expand on social media outreach to educate and inform community members • Identify and strengthen outreach efforts with under- represented populace • Improve community trust through transparency and positive interactions AGENDA ITEM #7. a) HOMELESSNESS CHALLENGES OPPORTUNITIES • Negative impact of displaced population on police resources • Misperception of law enforcement’s ability to provide a long-term resolution • Responding to public’s complaints regarding privately-owned nuisance properties • Multi-departmental approach to address nuisance activity • Expand partnerships with FD Cares, faith- based organizations, and mental health professionals • Increase referrals by expanding knowledge of available resources LEGISLATION CHALLENGES OPPORTUNITIES • Impacts of I-940 on mandated training requirements • King County inquest process • King County filing and disposition standards (KCFADs) • Alternatives to incarceration through Community Court • Increased education through Traffic Court PUBLIC SAFETY CHALLENGES OPPORTUNITIES • Increased violent encounters • Increased calls for service • Recidivism • Utilizing crime analytics to deploy resources more effectively • Utilize community forums to educate, inform, and partner with the public BUDGET LIMITATIONS CHALLENGES OPPORTUNITIES • Mitigating overtime spending • Continue to take advantage of funding opportunities through grants Desired Outcomes Maximize department effectiveness targeting the reduction of crime. Provide outstanding service to our community. Create a rewarding work environment through workforce development, embracing diversity, and imparting our experience and tradition of excellence. AGENDA ITEM #7. a) Council Retreat 2020 COMMUNITY SERVICES DEPARTMENT Mission Promote and support a more livable Renton community by providing recreation, museum, human services programs, neighborhood and special events opportunities, golf course and modern parks and facilities, and undisturbed natural areas. Eight Divisions  Administration  Maplewood Golf Course  Recreation and Neighborhoods  Facilities  Parks and Trails  Renton History Museum  Human Services  Parks Planning and Natural Resources Total FTEs - 120 Facilities Challenges Opportunities  Daily Maintenance of Security o Badge System, Citywide Key system  Managing the maintenance work from Facility Condition Assessment (FCA)  Managing the Citywide camera system (270 cameras)  Incorporating Crime Prevention Through Environmental Design (CPTED) standards to improve security of city buildings  Janitorial Service Agreement for Downtown City Center Parking Garage  Large Project completion: City Hall Elevators, Family First Community Center, City Hall 4th floor Remodel  Component Replacement Fund – Based off of FCA Human Services Challenges Opportunities  Need to identify additional funding to support Human Services Strategic Plan and Agency Grant Funding with growing population  Need to identify funding to assist in partnership with Habitat for Humanity projects  Limited staff to provide safe Housing Reviews with Housing Repair Assistance Program (HRAP)  Develop new community/ regional partnerships for permanent location of severe weather shelter, feeding program and wrap-around services  Expand Homelessness Resource Events to multiple Renton locations Maplewood Golf Course Challenges Opportunities  Balancing CIP projects in aging facility (Golf Course and Concessionaire)  Unable to control the weather and impacts to revenue streams and course conditions  Continually trying new marketing ideas and successful strategies o Leverage Text Marketing database (1800 participants) o Joint concessionaire marketing  Focusing on growth of Junior golfer participation by implementing Family Tees, Junior Academy, and new 1st Tee Program increasing accessibility for all youth AGENDA ITEM #8. a) Parks and Trails Challenges Opportunities  Homeless encampment patrols and site clean ups  Securing and repairing Cedar River Trail from flood damage  Managing and maintaining higher population use at Coulon Park  New FTEs trained and maintenance levels of service return closer to expectations and address deferred park maintenance  Increase outdoor education experiences  Continue to grow Farmers Market footprint and use of EBT/SNAP programs Parks Planning and Natural Resources Challenges Opportunities  Minimal staffing resources to maintain and manage Citywide urban forestry canopy  Bring Washington Recreation & Conservation Office (RCO) grant funded projects into compliance  Capital funding and prioritizing projects in our system  Utilize existing budget to convert funds to Forestry positions o Ultimately saving money with more work accomplished  New Capital Project staff - Managers/Coordinators getting up to speed on City of Renton process, permitting agencies and requirements Recreation and Neighborhoods Challenges Opportunities  Updating technology for Neighborhood Program Grants (forms/tracking) and Special Events online permitting process  Updating programming to match community needs through Strategic Plan/Cost Recovery  Attracting new diverse neighborhoods and encourage engagement  Coordinating and managing all city-sponsored events  Enhance current and new partnerships to develop more cultural specific programming (RAVE, RSD, King Co. State of Play)  Looking at different models of engagement towards inclusiveness (cultural, ethnic, economic, age, etc)  Age-friendly City designation benefitting senior population Renton History Museum Challenges Opportunities  Updating and maintaining aging facility  Maintaining enthusiastic and skilled board of trustees for fundraising capacity  Continue to take advantage of funding opportunities with grants and sponsorships  Maintain partnerships with Renton organizations and individuals  Reputation continues to attract high value exhibits 2.24.2020 AGENDA ITEM #8. a) Building an Inclusive and Informed City with Opportunities for All RENTON EXPERIENCED A DRAMATIC 82% INCREASE IN GROWTH FROM 2000-2010, one that included a remarkable increase in the ethnic diversity of its population. Today, Renton, is a minority-majority city— WalletHub designated Renton as the 7th most diverse mid-size city in the nation in 2020. Residents from minority groups, especially those who speak a language other than English at home, are typically less engaged in the civic process and in government and are less likely to access information and services that the city provides. They are at a higher risk of being disproportionately affected by disasters and are more susceptible to inequalities and discrimination. They also need to be more effectively engaged in efforts to promote common local government concerns such as crime prevention and emergency preparedness. A change in population leads to action THE GROWTH OF RENTON’S MINORITY POPULATIONS (up 165% from 2000–2010) was a major “wake up” call for the city. In recognition of these changing demographics, the city launched a dedicated effort to “Build an Inclusive City,” to ensure all constituents have equal access to city services and equal opportunity for civic engagement. The mission statement in the city’s strategic business plan was revised: Improve access to city services, programs, and employment Make residents and businesses aware of opportunities to be involved with their community Build connections with all communities that reflect the breadth and richness of the city’s diversity Promote understanding and appreciation of the city’s diversity through celebrations and festivals Provide critical and relevant information on a timely basis and facilitate two-way dialogue between city government and the community To achieve its ambitious goals, the city began a two-pronged effort: reaching out to minority and under-represented groups and assessing its own internal capabilities regarding inclusion. External focus: Promoting a diverse and unified community THE CITY ADOPTED AN INNOVATIVE APPROACH to connect with the various ethnic, cultural, and other diverse community groups. In 2007, it created a network of community leaders to represent these groups and act as a liaison between their communities and the city. A few years ago, this network evolved into the Mayor’s Inclusion Task Force, which currently includes over 30 individuals representing the following communities: African-Americans, Chinese-Americans, Indians, Sikhs, Somalis, Vietnamese, Sudanese, Filipino, Latinos, Ukrainians, LGBTQ, Senior, and Muslim faith groups. Renton elected officials also serve on the task force and the Mayor leads it. Internal focus: Investing in our infrastructure and a workforce that values diversity IN ORDER TO GO BEYOND THE EXTERNAL FOCUS and “integrate diversity at every level of the city government,” Renton hired a consultant with a background on equity and social justice. The initiative was made part of the Executive Department and fell under the oversight of the city’s Deputy Public Affairs Administrator, though it involves participation and investment of every city department. One of the first priorities for the consultant was to provide a thorough and unbiased assessment of the city’s strengths and weaknesses, including reviewing key policies and practices. Beginning in 2014, the city provided annual training to all employee in structural and institutional racism and implicit bias. Making inclusion “business as usual” WHAT HAS MADE THE INCLUSION INITIATIVE IN RENTON SUCCESSFUL is support from the Mayor and Council with oversight and facilitation from the Executive Department/ Mayor’s Office. There has currently been a broad-based commitment to inclusion, both within city government and the community. As long as the goal of inclusion permeates into every area of city business, it can continue to be successful. AGENDA ITEM #9. a) Diversity Commission Formed 2005 Incorporate Inclusion into Renton Business Plan 2012 ComUNITY Festival RTC 2010 Created Charter and Formally Appointed Members to Mayors Inclusion Task Force Renton African American Pastors Group Citywide Language Line 2015 Latino Community HR Inclusion Tactical Plan 2017 Renton celebrates Pride 2019 Hired AmeriCorps VISTA Create Community Liaison Group Focus on Emergency Management Launch Renton Heart Month 2007–2008 2006 Hanukkah Storm 14 Carbon Monoxide Fatalities including 1 in Renton Launch of Renton’s Inclusion/Diversity Outreach 2011 Renton International Festival and Night Market – Viet-Wah 2014 Expanded Inclusion Initiative –Comprehensive Citywide Approach Contract with Benita Horn Annual Employee Training 2016 Renton’s Equity Lens Renton Multicultural Festival UNITY March 2018 Vietnamese- Chinese Community ASD inclusion Tactical Plan Juneteenth Startup 425 Source of Income Discrimination 2020 Updated Inclusion Scope of Work Expanded Community Outreach for Census Renton Multicultural Festival joins Renton River Days Key Accomplishments Growing partnerships with multiple community groups—MITF, RAAP, Youth, Latino, Vietnamese Renton Police—several efforts from recruitment to School Resources Officers to community forums and partnerships Renton Equity Lens use city wide HR Inclusion Tactical Plan— significant success and progress in implementation ASD Inclusion—data collection Language Line established citywide; interpreter services established; translation guidelines completed Renton Multicultural Festival, Black History Month, Renton Pride, other festivals Advisory input for key plans—Parks, Seniors Challenges Continue to see changes in our demographics—are we reaching our key audiences? Are we engaging with all socio- economic levels? Still need to implement vendor fair— changes in staffing Integration of equity/inclusion into Neighborhood Program Getting good metrics or consistent information has been challenging For Inclusion/Equity to continue to succeed it needs continued support from the top—need to keep working on aligning our department strategic planning with equity planning. Next Steps 2018 Mayor’s Inclusion Task Force Annual Report—review and determine priorities for 2020 2019 Inclusion summary department report—review Renton African-American Pastors group—review strategy and objectives to reach non-church going members and youth Renton River Days and Renton Multicultural Festival sub-committee collaborating on this year’s programs Completed one round of optional cultural competence training for employees Exploring membership with GARE Planning regional equity conference with GREI Work on Inclusion dashboard on Inclusion strategic plan based on Mayor/Council priorities Inclusion Timeline AGENDA ITEM #9. a) Sustainability in Renton Renton is actively engaged in programs leading to greater sustainability with regard to reducing the city’s carbon footprint, increasing energy efficiency, particularly with regard to fossil fuels, enhancing solid waste recycling so as to direct waste materials away from the Cedar Hills Landfill, and promoting urban forestry.  Founding member of the King County-Cities Climate Collaboration (K4C): King County and 17 partners – Bellevue, Burien, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Mercer Island, Normandy Park, Port of Seattle, Redmond, Renton, Sammamish, Seattle, Shoreline, Snoqualmie and Tukwila – are collaborating through the K4C to coordinate and enhance the effectiveness of local government climate and sustainability action.  Member of King County’s Green Tools, which provides technical assistance, hands-on training and policy development through community partnerships in public and private sectors.  Council passed Resolution 4229 supporting the Joint Commitments of King County-Cities Climate Collaboration (K4C) member jurisdictions.  ESSB 5116: State electricity supply is to be 100% carbon neutral by 2030 and carbon free by 2045.  Outreach: To develop, refine and utilize messaging and tools for climate change outreach to engage decision makers, other cities and the general public.  Coordination: To adopt consistent standards, benchmarks, strategies and overall goals related to responding to climate change.  Solutions: To share local success stories, challenges, data and products that support and enhance climate mitigation efforts by all partners.  Funding and Resources: To secure grant funding and other shared resource opportunities to support climate related projects and programs.  City Street Light LED Conversion Program: Converted 6,458 street lights to LED lights, reducing power usage by 3,875 MWh annually, which equals 461 residential customers, and saving $447,332 annually.  City Hybrid Fleet Vehicles: Currently 18 hybrid vehicles are in the city’s fleet.  City Commute Trip Reduction Program: Promotes alternatives to reduce the use of single occupancy vehicles (SOV) via ORCA cards, transit, carpools and flex schedules.  Transit Access: City transit centers and increasing bus routes for better access to transit.  Maintenance Services Division program to grind and screen maintenance project spoils, resulting in reuse of construction spoils rather than sending to landfills (an annual savings of $80,000).  City Solid Waste Contractor CNG Use: A fleet of 25 trucks use CNG fuel to collect solid waste in the city, which reduces greenhouse gases by 20-30%.  Solid Waste Collection Frequency Change: Every other week garbage collection reduced vehicle trips.  Solid Waste Utility Waste Prevention and Recycling Program: Recycled 27,306 tons of material.  Reusing Fleet Section waste oil to heat Maintenance Building E during winter months to prevent freezing of vactor trucks.  Water Utility Automatic Meter Reading (AMR) Program: Eliminated the need for manually reading over 18,000 water meters. Reduced water loss from customers’ private piping resulting in an estimated savings of 164 million gallons of water totaling $557,000 from 2016 to 2019.  Through the city’s participation in the Regional Water Conservation Program, the city provided financ ial rebates to residential and multi-family customers to replace 300 old toilets per year with new water efficient and low -flow toilets.  Replacement of 7 pump station motors with variable frequency drive motors resulted in 30% savings in electricity costs. Public Works Department State and County Collaboration AGENDA ITEM #10. a)  Facilities HVAC Upgrades: Energy savings of $43,754 annually, reduced 337 tons of CO2 gases or equivalent to planting 83 trees.  Renton Urban Forestry Program: Protects and increases the number of trees in the city that remove CO2 gases and store carbon.  Facilities Division installing electric vehicle recharging stations in city parking garages and currently addressing new charging stations at other city facilities.  Maplewood Golf Course has been Audubon Cooperative Sanctuary Certified since May 2009. Environmental stewardship and sustainability include:  Water quality testing.  Reduction in water use.  Reduction in chemical and fertilizer use.  Wildlife habitat management.  Outreach and education.  Parks and Facilities divisions are converting all light replacements with LED lighting.  Recycling containers are included at all city sponsored events.  Lead construction is mandatory for the Family First Community Center.  Parks and Trails Division and Maplewood Golf Course utilize “clean chips” from storm fallen branches to mulch multiple park landscape beds.  Comprehensive Plan and Zoning: Promotes higher densities in urban centers near transit alternatives.  Municipal Code Amendments Related to Trees: Improved our tree regulations which provide significant protection of existing trees as well as new planting requirements, thereby increasing the number of trees in the city that remove CO2 gases and store carbon.  Municipal Code Amendments Related to Transit: Promotes commercial/residential mixed use development near transit.  Construction and Demolition Waste Diversion: New ordinance requires personnel managing active construction and demolition sites to divert recyclable materials to recycling facilities.  Low-impact Development Standards: Adopted Municipal Code amendments to require low -impact development standards and best management practices.  The city was recognized as one of the “greenest” cities in Washington by Insurify.  The city was also recently recognized as a “Green Star Leader” from the Puget Soundkeeper and the Washington Environmental Council.  Recognized for 12th Tree City USA Award by The Arbor Foundation and Washington State Department of Natural Resources.  Recognized for 10th Growth Award by The Arbor Foundation and Washington State Department of Natural Resources.  Earth Day and Arbor Day education and outreach.  Created and promoted videos of conservation and waste reduction. Community Services Department Department of Community & Economic Development City Recognition and Awards Executive AGENDA ITEM #10. a) Green Power Program:  Utilizes renewable power from resources that are naturally replenishing such as solar, low impact hydroelectric, wind and biogas from dairy farms.  Any home or business that is a customer of PSE can match some or all of their electricity usage with green power.  A typical customer using electricity (1,000 kWH/month) can reduce their carbon footprint by an estimated 10,500 pounds (5.25 tons) annually by paying as little as an extra $10 per month.  Larger customers (commercial/industrial business and governmental agencies) can join the program and pay a slightly higher rate.  PSE uses the additional revenue to add renewable energy sources. Solar Choice Program:  Allows a PSE customer to match some or all of the power they use with just clean solar energy.  The solar panels will not need to be installed on the customer’s property. Instead, solar power is generated at a separate location in Washington and Idaho that is added to the PSE power grid.  A typical customer using electricity (1,000 kWH/month) can reduce their carbon footprint by an estimated 6,300 pounds (3.15 tons) annually by paying as little as an extra $20 per month. Carbon Balance Program:  Participating in the Carbon Balance program lets customers reduce their carbon footprint by purchasing third-party verified carbon offsets from local projects that work to reduce or capture greenhouse gases.  Residential natural gas customers can purchase offset blocks for $4 each. With each block equivalent to removing 400 pounds of carbon dioxide from the environment the average customer can be carbon neutral for as little as $8 per month.  PSE does not make a profit on the Carbon Balance Program. The carbon offsets for the program are sourced from the Bonneville Environmental Foundation which is a nonprofit organization. Puget Sound Energy Programs Green Direct Renewable Energy Program:  Cities, other government institutions and major commercial customers have the opportunity to source their electricity from renewable energy sources (solar and wind).  Customers enter into Power Purchase Agreements to purchase renewable energy, which provides certainty for development of renewable energy sources.  PSE has completed two phases of the program. No new customers are currently being accepted.  Other cities in the program include Issaquah, Redmond and Kent.  PSE is requested the UTC to approve a third phase of the program in 2020. Green Power Program:  Utilizes renewable power from resources that are naturally replenishing such as solar, low impact hydroelectric, wind and biogas from dairy farms.  Any home or business that is a customer of PSE can match some or all of their electricity usage with green power.  A typical customer using electricity (1,000 kWH/month) can reduce their carbon footprint by an estimated 10,500 pounds (5.25 tons) annually by paying as little as an extra $10 per month.  Larger customers (commercial/industrial business and governmental agencies) can join the program and pay a slightly higher rate.  PSE uses the additional revenue to add renewable energy sources. Customer Connected Solar – Net Metering Program:  Allows customers to produce their own renewable energy by installing solar panels on the customer’s own property to lower their electric cost and reduce their carbon footprint. Customers can also generate power with wind, biogas or other renewable energy sources.  If the customer uses more energy than they produce during a billing period, then they pay PSE only for the net amount of electricity that was used.  If the customer produces more energy than what is used in a billing period, the excess power generation is added to the customer’s net metering reserve which can be applied to charges in another billing period. What more can be done? AGENDA ITEM #10. a) POLICY & PROCEDURE Subject: COMMITTEES OF THE COUNCIL Index: LEGISLATIVE Number: 800‐05 Effective Date: 12/10/2018 Supersedes: 11/16/2015 Page: 1 of 6 Staff Contact: CAO Approved By: Resolution #4363 on 12/10/2018 1.0 PURPOSE: To establish guidelines and procedures for the appointment of members and conduct of Council committees, and appointments of members to Intergovernmental Boards and Commissions or Ad Hoc Committees. 2.0 ORGANIZATIONS AFFECTED: City Councilmembers 3.0 REFERENCES: RCW 42.30 Policy & Procedure 800‐09 4.0 POLICY: 4.1 Standing Council Committees: Meetings are held at least monthly to discuss financial, public safety, transportation/aviation, community services, planning and development, utilities, and general governmental issues. Meeting times and dates are determined by Committee members’ meeting schedules, posted on the City’s website, and distributed to Council and City staff following every regular Council meeting. Three Councilmembers serve on each committee to discuss emerging issues, review City programs and policies, and provide recommendations to the full Council. Committee issues can be forwarded to regular Council meetings for action, or formally referred to another standing committee or the Committee of the Whole for further review. 4.2 Special Committees: The Council may create special committees by motion to accomplish specific tasks of limited duration. AGENDA ITEM #11. a) COMMITTEES OF THE COUNCIL p. 2 4.3 Authority of Standing Committees: Standing Council committees shall be concerned primarily with policy matters and responsibilities vested in the legislative body of the City. They shall review policy matters within their general areas of purview as determined by Council and shall formulate recommendations to the full Council for action. Activities conducted by the committees shall not substitute for Council action, but shall be designed to facilitate Council business. 4.4 Committee Meetings: All committees shall coordinate their activities with the Council as a whole. The schedule of committee meetings shall be posted at City Hall and provided to Council and staff through regular distributions. All Committee meetings shall be open to the public. Councilmembers wishing to attend a meeting of a committee of which they are not a member shall provide the Council Liaison and/or the City Clerk sufficient advance notice to allow compliance with the State’s Open Public Meetings Act. 4.5 Staff Assistance to Committees: The Chief Administrative Officer shall provide for staff assistance to a committee, as the committee Chair shall request. See Policy & Procedure 800‐09. 4.6 Standing Committee Reports: Committee reports must be in writing, and once signed by a majority of Committee members present, must be presented for Council action at the next available Council meeting. Items formally referred into any committee, with the exception of briefings or updates, shall not be considered closed until the related committee report has been voted on by the full Council. 4.7 Standing Committees: Community Services Committee: This committee shall be responsible for policy and development review concerning parks, recreation, trails, forestry, open spaces, golf course, aquatic center, City facilities, property acquisition, concessionaire agreements, and other matters it deems appropriate. Finance Committee: This committee shall be responsible for policy development and review concerning the financial matters of the City. The committee shall also consider and make recommendations regarding budget, fees and charges, and other matters it deems appropriate. Planning and Development Committee: This committee shall be responsible for policy development and review of land use matters, comprehensive plan and related docket items, economic development AGENDA ITEM #11. a) COMMITTEES OF THE COUNCIL p. 3 matters, current and long range planning, permitting, code compliance, and other matters it deems appropriate. Public Safety Committee: This committee shall be responsible for policy development and review concerning public safety matters such as police, fire, criminal justice, dispatch and communications systems, disaster and emergency services, water and boating safety, and other matters it deems appropriate. Transportation (Aviation) Committee: This committee shall be responsible for policy development and review of transportation planning and programming, transportation design and construction, the Renton Municipal Airport, bicycle routes, traffic safety plans, public transit, and other matters it deems appropriate. Utilities Committee: This committee shall be responsible for policy and development review concerning utility systems, water systems, wastewater systems, surface water systems, utility rates and taxes, and other matters it deems appropriate. 4.8 Appointment of Committee Members: A Committee on Committees shall convene annually, generally in the month of November, to develop a recommendation for Standing Committees membership. The Committee on Committees membership shall be established pursuant to Policy & Procedure 800‐01. 4.8.1 The Committee on Committees shall recommend to the full Council the organization and membership of Standing Committees and Special Committees, including the discontinuance of any standing or special committee and the reassignment of its duties and functions to another committee or committees. 4.8.2 The Committee on Committees shall also recommend to the full Council the Chair, Vice‐Chair, and Member to serve on each Standing Committee. 4.8.3 When determining the various committee assignments the Committee on Committee should at no time act to effectively exclude one or more Councilmembers from serving as a full and equal representative on the Council. 4.9 The City Council shall establish Standing Committees consisting of three (3) members each, including the Chair and Vice‐Chair. Members of Standing Committees shall be recommended by the Committee on Committees with the approval of the majority of City Council. AGENDA ITEM #11. a) COMMITTEES OF THE COUNCIL p. 4 4.9.1 The Chair of each Standing Committee shall act as spokesperson for the committee and will present reports to the Council. 4.9.2 It shall be the duty of each Standing Committee to fairly examine all subject matters that have been formally referred by the City Council. 4.9.3 Committee activities, investigations, and recommendations shall be reported to the full Council at a regularly scheduled meeting. All recommendations shall be read from a written committee report signed by at least two members of the committee. Such reports shall be preserved in the records of the City Clerk Division. 4.9.4 Whenever any member of a committee cannot agree with the committee report, such member may file a written minority report. The minority report shall be read at the same time the majority report is reported to Council. No vote may be taken until both reports have been read. All minority reports shall also be preserved in the records of the City Clerk Division. 4.10 The members of the City Council shall establish, through mutual agreement, the seating arrangement and office assignments for the City Council. Should a conflict related to those issues arise, the Committee on Committees shall convene to study the question and provide a recommendation for Council consideration and action. 4.11 The Committee of the Whole may convene from time to time for the purpose of Council work sessions or retreats. 4.11.1 The Council President shall serve as Chair. 4.11.2 In the absence of the Council President, the Council President Pro Tempore shall preside. 4.11.3 No final disposition shall be taken at any Council work session; however, nothing shall prevent the Council from achieving informal consensus on any matter under discussion. Recommendations shall be offered for final action at a succeeding regular meeting of the Council. 4.12 Public testimony in committee meetings is not allowed, unless authorized by a vote of a majority of Councilmembers, the committee meeting is noticed in accordance with the Open Public Meetings Act, and minutes documenting the testimony are taken and subsequently approved by the full Council at a regular Council meeting. AGENDA ITEM #11. a) COMMITTEES OF THE COUNCIL p. 5 4.13 Intergovernmental Boards and Commissions and Ad Hoc Committees: 4.13.1 Councilmembers represent the City on regional and intergovernmental boards and commissions and ad hoc committees to facilitate communication relating to a variety of matters including planning, transportation, utilities, housing, the environment, and social services. Personal positions, when given, shall be identified and not represented as the position of the City. Reports on intergovernmental boards, commissions, or ad hoc committee activities shall be presented during Committee of the Whole meetings under the topic of Regional Issues. Councilmembers may invite regional committee and boards to work sessions to provide Council with updates on issues. A primary delegate and alternate if permitted may be appointed to intergovernmental boards, commissions, and ad hoc committees. Alternates are appointed to attend the meeting when the primary delegate is unable to attend to ensure the City is represented at the meeting. Assignment and direction of staff in relation to regional meetings are directed by the Chief Administrative Officer. Councilmembers are encouraged to notify the Council President of his or her preferred regional committees. A list of Councilmembers’ preferred choices will be provided to the Council President at the first meeting in September. The Council President shall make a good faith effort to accommodate Councilmembers’ preferred choices when making regional committee appointments. 5.0 DEFINITIONS: N/A 6.0 PROCEDURES: 6.1 The Committee on Committees shall submit to the Council recommendations for membership and Chairs for each committee; this shall occur no later than January 31 for the year in which the committees are to serve. 6.1.1 Should the committee recommendation fail to receive majority approval, the Committee on Committees shall reconvene to prepare alternative proposals until an acceptable organization is achieved. 6.1.2 Membership on the Committee on Committees shall be for a term of one year commencing with the election of the Council President‐elect. AGENDA ITEM #11. a) COMMITTEES OF THE COUNCIL p. 6 6.2 Membership on all Standing Committees shall be for a term of one year, commencing no later than January 31 and concluding upon approval by the full Council of a successor committee. 6.2.1 Until such recommendation is accepted and Council organization is complete, the previously constituted committees shall continue to meet. Newly‐elected Councilmembers shall serve on all committees previously assigned to their predecessor. 6.2.2 All Standing Committee meeting dates and times shall be set by the respective Chair. The Chair may cancel, reschedule or set special meetings as necessary to conduct the business of the committee, provided such meetings be coordinated with the Council Liaison and City Clerk, and notice be provided to the public in compliance with legal and policy requirements. 6.2.3 The Council President shall not serve as a regular member on any Standing Committee; however, he or she may serve as an ex‐officio member of any Council committee and may sign a committee report if at least two regular committee members are unable to attend a meeting. 6.3 Membership of the Committee of the Whole shall be comprised of all duly elected Councilmembers. 6.3.1 Prior to each regular weekly Council meeting, the Council may hold work sessions. 6.3.1.1 Special Committee of the Whole meetings may be held at other times when approved by a majority of Council. Sufficient notice of a Special Committee of the Whole meeting shall be provided to the Council Liaison and/or City Clerk in order to comply with the Open Public Meetings Act. 6.3.2 Items for discussion shall be appropriately referred to the Committee of the Whole. 6.3.3 The Council President, in conjunction with the Chief Administrative Officer, will determine the items to be listed on the Committee of the Whole meeting agenda. AGENDA ITEM #11. a) POLICY & PROCEDURE Subject: CITY COUNCIL REQUESTS FOR STAFF ASSISTANCE Index: LEGISLATIVE Number: 800‐09 Effective Date: 12/10/2018 Supersedes: 8/6/2007 Page: 1 of 3 Staff Contact: CAO Approved By: Resolution #4363 on 12/10/2018 1.0 PURPOSE: To establish policy and procedures by which requests from the City Council for staff assistance should receive the prior review and approval of the Mayor’s office. This policy will assure that: 1.1 Requests from Council are addressed in a timely and thorough manner. 1.2 Matters referred are transmitted to the appropriate department(s) for a response, and; 1.3 Council requests are appropriate incorporated into the ongoing daily work program. 2.0 ORGANIZATIONS AFFECTED: All departments/divisions 3.0 REFERENCES: RCW 35A.12 4.0 POLICY: 4.1 The Mayor, or the Chief Administrative Officer on behalf of the Mayor, shall have the exclusive responsibility for directing the activities of the Administrative staff of the City. 4.2 All substantial requests by Councilmembers for staff assistance shall be transmitted to the Mayor’s office for review, approval, and transmittal to the appropriate department/division for action. AGENDA ITEM #11. c) CITY COUNCIL REQUESTS FOR STAFF ASSISTANCE p. 2 4.2.1 Questions or requests of a simple nature that do not require the dedication of staff time or research may be posed directly to a department administrator. 4.3 All requests for assistance from the City Council shall be addressed at the earliest possible date. 5.0 DEFINITIONS: 5.1 Substantial Request: A request by a Councilmember or Council committee for staff assistance requiring research and/or a technical analysis which was not previously scheduled in the normal work program of the department. 6.0 PROCEDURES: 6.1 City Councilmembers shall refer substantial requests for assistance to the Mayor’s office for review, approval, and transmittal to the appropriate department(s) for response. 6.1.1 Upon receipt of a request from the Mayor’s Office, the department administrator shall estimate the time required to respond or comply with the request for assistance. Under normal circumstances, every effort shall be made to respond within five (5) working days. If it is anticipated that a response will not be forthcoming within five working days, the Mayor or Chief Administrative Officer will provide the Councilmember an estimate of the time required to respond to the request and the reason for the delay. 6.2 All responses to substantial requests from the Council shall be in writing. Responses should be sent to the Mayor’s Office to assure that the content fully addresses the intent of the request and that the information provided is consistent with input from other sources. 6.3 The Mayor’s Office shall be responsible for the distribution of responses to Council requests. 6.3.1 All written responses to questions or requests for assistance shall be distributed to the entire Council. 6.3.2 Verbal responses shall be conveyed, when deemed appropriate by the Mayor, at a regularly scheduled City Council meeting as part of the Administrative Report. Provided; however, that the Administration shall comply with any City Council request to provide a written response to a question or request for assistance. AGENDA ITEM #11. c) CITY COUNCIL REQUESTS FOR STAFF ASSISTANCE p. 3 6.4 Administrative staff who may be contacted directly by a Councilmember with a substantial request for assistance should advise the Councilmember of the applicability of this policy and recommend that he or she contact the Mayor’s Office for assistance. AGENDA ITEM #11. c) s - POLICY & PROCEDURE Subject: Indez: FINANCE AGENDA BILL PROCESS Number: 230-01 Effective Date Supersedes Page Staff Contact Approved By 2/9/9 8/19/91 1 of 3 J. Covington 1.0 PURPOSE: To establish policy and procedure for the development, coordination and issuance of the City of Renton Council Agenda Bills. 2.0 R(',ANI7.ATI(1NS AFFE('TED:. All departments/divisions. 3.0 RF EI F.NCZS_ None. 4.0 POLICY: 4.1 All matters proposed by City administrative personnel for City Council consideration at a regular Council meeting sha11 be submitted on an agenda bill form. Utilizing the agenda bill form will provide Council with a uniform, concise summary of matters requiring Council action. In addition, it will allow a11 administrative personnel to review and provide input related to the subject addressed on the agenda bill prior to Council review. Such prior review will ensure that information provided Council truly and accurately represents the perspective of the Administration. 5.0 DF.FINiTInNSi 5.1 A enda Bill: Electronic disk supplied by the City Clerk's office which, when completed, contains information pertinent to the disposition of issues proposed for City Council review and action. 5.2 Referral: Official action by City Council to assign matters requiring legislative or administrative action to specific City Council Committees or administrative departments or boards for review and recommendation. 5.3 Exhibits: Support documents, reduced to 8 1/2" X 11" size, such as legal descriptions, maps, correspondence, prior legislation, ordinances or resolutions, which will aid the Council Committees, department or board in its review. 5.4 Council A enda meetin: Weekly staff meeting attended by Mayor's executive assistant, city attorney, city clerk, finance director, and Council secretary for the purpose of ineeting with staff to review materials to be submitted at Council meetmg. The meeting is held at 9:30 a.m. on Tuesday prior to the Council meeting in the 6th floor conference room. AGENDA ITEM #11. d) AGENDA BILL PRt7CESS-230-OI Page 2 5.5. Det artment re resentative!DR>: Staff representative responsible for preparation of agenda bill and all attachments, coordination of legislation, preparatian of Council cotnmittee report, and attendance at Committee and Council meetings tc review the agenda bill. 6.0 PR{7 C'EDiTRE.'`+: 6.1. An agenda bill shall be prepared by the department representative(DR for a11 matters requiring Council approval and/or referral to Council committee far review and recommendation. 6.1.1. L1R drafts agenda bill and assembles materials far agenda packet. If legistation is necessary, the city attorney's office is pravided information by the DR ta draft the appropriate ardinance or resolution. Copies of all related material shall be attached to agenda bill, including issue paper and ordinancelresolution(if required). b.1.2. Original documents(contracts, deeds, easements, etc.) shall be retained by the DR until Council approval is granted. 6.1.3. Agenda bills shatl be prepared to schedule special presentations and awards. Proclamations do not require an agenda bill, but should be scheduled at the agenda bill meeting. 6.1.4. Correspondence submitted by the public or presented by a Councilmember does not require an agenda bill since Council will deternune the dispasitian andJor referral of the matter at a subsequent Gouncil meeting. b.2. Before submitting agenda bill far review, DR schedules agenda bill item on ouncil carnmittee agenda by contacting Cauncil secretary. 6.3. The origir al agenda bill shall be submitted ta city clerk by the DR no later tha.z15:44 p.m. an Monday prior to the Tuesday morning Council agenda meeting. No other copies shauld be submitted. 6.4. DR attends Council agenda meeting an Tuesday marning prior to the Monday Council meeting. Agenda bill is reviewed and item is scheduled on Council cammittee schedule(if not scheduled ahead}. 6.5. Cauncil meeting agenda is prepared at naon on Thursday by city clerk's af'ice. Copies are distributed to all departments and the public by 3:00 p.m, 6.5.1. Agenda bills submitted by DR after Tuesday's agenda meeting and prior to preparatian of Council agenda must be appraved by Mayor's executive assistant. 6.5.2. With approval of executive assistant, an agenda bill may be added after preparation of Council agenda if a delay would cause hardship, additional cost, or would adversely affect the department's work program. 6.5.3. P'ublic hearing handouts must be submitted by DR ta city clerk by Thursday noon priar to the Council meeting. AGENDA ITEM #11. d) AGENDA BILL PROCESS-230-01 Page 3 6.6. At the Council meeting on the following Monday night, a11 agenda bills listed on the consent agenda are either referred to Council committee or are approved by Council concurrence. 6.7. Following referral, DR attends scheduled Council committee meeting to review agenda bill. Whenever possible, DR should bring prepared committee report for Council committee signatures. 6.7.l. Following the Council committee meeting, DR prepares final committee report, incorporating committee revisions, if any, and coordinating revisions to ordinance or resolution, if any. Originals of all resolutions and ordinances are sent directly to the city clerk by the city attorney; copies are returned to staff. If the committee report recommends adoption of legislation, the DR should attach copy of the ordinance or resolution to the original committee report. 6.7.2. If item requires complex or significant changes, the Council committee will determine whether additional committee review is necessary after revision of the committee report. The revised report should be submitted to the Council secretary for inclusion in Council agenda packet for review over the weekend prior to the next regular Council meeting. 6.8. Approved committee reports and legislation are presented for full Council approval at the next Council meeting(if received no later than 12:00 noon on the date of the Council meeting). Original committee reports should be submitted to Council secretary for coordination of signatures, copymg and distribution to Council members. 6.9. Prior to adoption, ordinances require two readings at two consecutive meetings. Ordinances may be advanced for both readings on the same date if a delay would cause hardship, additional cost, or would adversely affect a department's work program. AGENDA ITEM #11. d) POLICY & PROCEDURE Subject: AGENDA ORDER OF BUSINESS & APPROVAL OF COUNCIL MEETING MINUTES Index: LEGISLATIVE Number: 800‐03 Effective Date: 12/10/2018 Supersedes: 4/1/2016 Page: 1 of 2 Staff Contact: CAO Approved By: Resolution #4363 on 12/10/2018 1.0 PURPOSE: To establish the order of business for Council meeting agendas, and to establish guidelines pertaining to the approval of Council meeting minutes. 2.0 ORGANIZATIONS AFFECTED: City Councilmembers 3.0 REFERENCES: RCW 35A.12.120 RCW 35A.39.010 4.0 POLICY: 4.1 The Council shall establish an order of business to facilitate the organization of Council meetings and expedite proceedings. 4.2 The City Clerk Division shall have exclusive responsibility for the preparation of the agenda and recording of the minutes, and shall be authorized to use audio and/or video recordings at any regular or special meeting of the Council to assist in the preparation of such minutes. 5.0 DEFINITIONS: 5.1 Consent Agenda: For the purpose of this policy, the consent agenda shall consist of a number of items/issues that shall be proposed for adoption in a single motion. AGENDA ITEM #11. d) AGENDA ORDER OF BUSINESS & APPROVAL OF COUNCIL MEETING MINUTES p. 2 6.0 PROCEDURES: 6.1 At each regular Council meeting, the business of the City Council shall be taken up for consideration and disposition in the following order, which shall not be changed except by majority vote of the Council: 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. Proclamations 4. Special Presentations and Reports 5. Public Meetings/Hearings 6. Appeals 7. Administrative Report 8. Audience Comment (limited to five minutes per speaker) 9. Consent Agenda 10. Unfinished Business (including Committee reports) 11. Legislation 12. New Business (including upcoming Committee meeting announcements) 13. Executive Session (if any) 14. Adjournment 6.2 Approval of Council meeting minutes: 6.3.1 The previous week’s Council meeting minutes should be placed on the following Council meeting consent agenda for approval. 6.3.2 The Council meeting minutes shall not be read aloud unless requested by a majority vote of the Council. 6.3.3 Any corrections to the minutes, with the exception of scrivener’s errors, shall be made by a majority vote of the Council. AGENDA ITEM #11. d) !"" # $% "& ’ "%"" ( )%"" * + "" , )-% (- . / 0 1 2 2 3 "4 2 0 4 5 )% $ 2 "2 0 &"6 7 %8 4 ,6 92 0 %0 2 2 $%: 2 %0 %:% # 92 %% 7 %,8 6 92 !!2 ;4 % <8 0 2 "2 0 &"6 7 %8 4 , <8 0 ;4 %2 %2 !% 0 2 ""%% 2 !""4 2 2 %4 0 2 2 "%2 ! %0 2 2 ""%% =!> + 2 2 2 2 "2 2 %2 !!4 2 "&% 7 %,8 6 92 !!2 8 0 ;4 % ! AGENDA ITEM #11. e) ! " #$ % &$&&& $% &’%(& )(& &&’ &) *&)( &) &$ &’& " #&&&+, -" &&& ." /# " %(&&& " (&)($&)& 0" %$/(% )%1 )%$ 2" %(3 &/+$( 4" * &$ 3 &56 " ’ & 3 " 7$( % /% &/& " +6 &&&, 8 $$ ( & -" +( 6 9 & )&):&3 ()$&(& ." ; 6 & ;<=> " ?(( % & 5 $&%%&&& " #1 @ #A !(%$($ !$3 %&/&(%& -" %% 6 )3 )A ’&)?9 ." %% 6 / & " 3 6 ? &%%&&($ " (’ &$&($& 0" <35 3 $(% 2" +1&)(($& 4" ) )&$& " B (%& " 3 &(%&$(C & <?< " >3 & " %& -" /& % &$&/& ." #:$’$ &’& " &) % )$(&&/& " &D #&&&$( & 0" &$ $?( 2" % &5 $&) & &)& 5 &3% ’’$ &)5 1 &/&! 4" +% " &&’ & " %( 3 6 &6& %&$’5 ( &&&! " A ( -" 5 / ( ." <7?( $&& AGENDA ITEM #11. e) +?<<<A ?<@ @ >+< " ?* (&$($& " ?((&’*%$&& -" #1 @ #A !(%$($ ! ." #$$@ /(% &,(% " %% 6 $%& ( " %(3 &/(%$% $/(% 0" $&& "" $$$! 2" B &,$/(% 4" 3 $ &&& " 5$/&&$+ & " E ,$/(% & 6 " #$$& -" $:1 ( B ( +;#?= " ?% " // -" %(/ ." %6 %% & " %6 % " :1& 0" &/& 2" ( 4" & $ &’ 6 &&&+8 ! " +1 $ " ;$$ 1& " $& -" >6 %% & ?<+?<?>?<! " ?( $% &""&&)(C 5 $&)&$ &)??)?( &)#(( 6! " #$& -" & &/& $ ’’$$& ." 7.&&& " %(/% @ & &@ !’$:6 $3 %(/% &(5 (&&9 &’ 5 (C $&&&&& 6 %% ! " *7=&( %(/% +% 0" %?% &’$:6 $3 %(/% (5 (&&9 &’ 5 (C $&&&&& 6 %% ! 2" (&&)&($% & 4" $6 / &,3 7 ’7:6 $$ & " ’’% ’&$5 ’ B & AGENDA ITEM #11. e) ; " 5 /&&&& " & % &’ & -" $ ." 3 && " $& 6 &&& " %?% &’ &(5 (&&9 &’ 5 (C $&&&&& 6 %% ! 0" %(/% @ & &@ !’ &(5 (&&9 &’ 5 (C $&&&&& 6 %% ! 2" &’ 6 &% & 4" :&&& " ’: &&& " &&& " (?&&&&% @ & &?@ !’ &(5 (&&9 &’ 5 (C $&&&&& 6 %% ! -" %% &&&& AGENDA ITEM #11. e) Regional Board Elected Representative Staff Support South County Area Trans Bd O’Halloran/Pérez (alt) – 3rd Tues in SeaTac Renton Eastside Transportation Partnership Corman/Pérez (alt) – Monthly in Bellevue, 7:30 am Renton Regional Transit Committee McIrvin - 3rd Wed, in Seattle, 3pm SCA Regional Policy Committee Pavone (alt) – 2nd Wed, 3 pm Seattle SCA Affordable Housing Comm McIrvin – Monthly, 2-4 pm Seattle (PSRC) SCA Regional Law, Safety & Justice Comm Văn, 2nd & 4th Tues., 1 pm Seattle SCA Economic Development Council Pavone, Monthly Seattle PSRC SCA Public Issues Comm Prince/Pavone (alt), 2nd Wed, 7 pm Renton SCA I-405 Executive Board (EAG) Corman, 2 – 4 times a year Renton Growth Mgmt Planning Council McIrvin (alt), Quarterly, 4-6 pm, Seattle (PSRC) SCA Puget Sound Reg Council Exec. Bd. Mayor, 4th Thurs, 10 am Seattle PSRC KC Regional Homelessness Authority Prince, Quarterly beginning March King County/Renton WRIA 8 – Salmon Recovery McIrvin/ O’Halloran (alt), 3rd Thurs, 3 pm Mercer Island Renton WRIA 9 – Habitat Recovery & Mgmt Comm O’Halloran/McIrvin (alt), 4th Thurs, Tukwila Renton Cedar River Council O’Halloran, 4th Wed, 7-9 pm Renton Renton Growth Management Policy Bd Prince, 1st Thurs, 10 am Seattle SCA/PSRC KC Flood Control District Mayor/O’Halloran (alt) Monthly, 1:30 pm Thurs, Mercer Island Renton KC Parks & Trails Coalition Corman Renton Eastside Rail Corridor Corman Renton/King County RAAC McIrvin (possible to make non-voting?) Renton LEOFF Board O’Halloran, Prince HR LTAC Corman CED Renton Community Marketing Campaign Corman CED Firefighter’s Pension Bd Prince City Clerk Quarterly Investment Comm Prince ASD RRFA Board Pérez, McIrvin, Corman RRFA Inclusion Task Force Văn, Prince, Pérez Exec AWC Federal Legislative Priorities Committee Pérez AWC AGENDA ITEM #12. c) D c ty of 0Q O '° POLICY & PROCEDURE Subject: Index: FINANCE TRAVEL EXPENSES AND REIMBURSEMENT Number: 210-Q Effective Date: Supersedes: Page:Staff Contad: Approved y: 9/1/2012 7/1/2007 1 of 9 Iwen Wang 1.0 PURPOSE: To establish policies and procedures for City business expenses incurred by an employee or appointed/elected City official during overnight travel status or tax home status, as defined by the Internal Revenue Service (IRS). This policy also outlines when reimbursement for expenses are considered fringe benefits under the IRS' definition. 2.0 ORGANIZATIONS AFFECTED: All City Departments/ Divisions 3.0 REFERENCES: RCW Chapter 42.24, and Internal Revenue Service (IRS) Regulations 210-08 - Food and Beverage Expenditures 215-18 -Travel Authorization & Expenses Report Form (Attachment A) 250-08- Purchasing Card Policy 4.0 POLICY: It is the policy of the City of Renton to reimburse elected/appointed officials and employees for reasonable and necessary expenses incurred while conducting business for the City. Generally, eligible expenditures include travel and reasonable living costs incurred by an employee while away from their regular tax home, as necessitated by City business. Authorized Approvers will make the determination of eligible and ineligible meals in coordination with the Administrative Services Administrator. Reimbursements for necessary and reasonable expenses are made, subject to the rules herein and with Chapter 42.24 of the Revised Code of Washington (RCW). It is assumed and expected that expenses will be consistent with the best interests of the City, including the City's need to manage travel costs. Questions on this policy and procedure should be directed to the Administrative Services Administrator. AGENDA ITEM #13. a) Travel Expenses and Reimbursement p.2 5.0 DEFINITIONS: 5.1 A/P. Accounts Payable 5.2 Air Fare / Air Travel. The air travel standard is coach, which is generally the least costly air fare available that adequately meets the City's purpose. 5.3 Authorized Approvers. Those persons or their designees as identified in 6.1.1. 5.4 Conference. Includes, but is limited to, a symposium, seminar, forum, or convention associated with a league, association, alliance, etc. For the purposes of this policy and procedure, the word conference also means any formal training session typically attended by an audience from a wide geographic area and/or organized by a regional or nationally known entity. 5.5 Conference Meals. Meals provided at a conference, including continental breakfast. The cost for such meals are either included in the registration fee or can be obtained by paying an extra fee with the registration payment. The registration form and/or the conference program schedule identify any meals provided or available for purchase. 5.6 Department Account Representative. The person who coordinates the submission of all travel expense reports from their department to A/P. The primary task is to make sure all required documentation is included and required approvals are obtained before department expense reports are submitted to A/P. 5.7 Eligible Meals. While in overnight travel status, meals not provided at a conference will be advanced or reimbursed at the current City M&IE per diem rate. When an employee is not in overnight travel status, non-conference meals can be reimbursed but any per diem paid is subject to income tax withholding as a fringe benefit. 5.8 Employee. Shall include City employees and elected or appointed officials of the City of Renton, and volunteers traveling in an official capacity representing the City. 5.9 Expense Report. The Travel Authorization and Expenses Form attached herein and as amended. 5.10 Hosting. Includes, but is not limited to, activities that are intended to lobby or influence any elected official, governmental official, or vendor and are normally social rather than a governmental business event, and normally include expenditures for food and beverage. City funds are not to be used for "hosting." 5.11 Meals and Incidental Expense (M&IE). The dollar amount allowed for each meal, including tax, gratuities, and incidental expenses. The City Finance Division will publish from time to time the M&IE breakdown or "per diem rates." AGENDA ITEM #13. a) Travel Expenses and Reimbursement p.3 5.12 Mileage Rate. The reimbursement rate per mile for using a personal vehicle on City business as published by the Finance Division from time to time. 5.13 Non Overnight Travel Status. By the IRS' definition, non overnight travel status to travel to local cities. For example, it is non overnight travel status to go to Olympia, Tacoma, or Woodinville for a day class or workshop and return home the same day. 5.14 Overnight Travel Status. When an employee's duties require them to be away from the general area of their tax home substantially longer than an ordinary day's work and sleep or rest is needed to meet the demands of work while away from home. The rest requirement for overnight travel status is not satisfied by napping in a car. An employee does not have to be away from their tax home for a whole day as long as their relief from duty is long enough to get the necessary sleep or rest. 5.15 Purchasing Card (or P-Card). Any City credit cards used by employees for eligible City expenses and/or purchases. 5.16 Tax Home. The IRS term identifying your principal place of work. 5.17 Travel Authorization and Expenses Form. This form is required for approval of overnight travel, advance of ineal and incidental expenses. This form is Attachment A to this policy and procedure. To obtain an electronic copy of the form, go to RentonNet/City Forms/ Finance forms. 5.18 Travel Time. The time required to reach a destination that is outside of the general area of the employee's or appointed/elected City official's tax home. 6.0 PROCEDURES: 6.1 Travel: 6.1.1 Aufhorizotion — An employee must obtain authorization prior to overnight travel. The Mayor, Chief Administrative Officer (CAO), City Council President (for council and council liaison travel), and each Department Administrator or their designee are authorized to approve travel. Use the Travel Authorization and Expenses Form to obtain the required approval signatures. This form includes full cost estimates for travel expenses and a section to request an advance check for meal and incidental per diems. An employee incurring travel related expenses without obtaining prior approval is at risk of not being reimbursed for those expenses by the City. 6.1.2 CouncilmemberAttending Regional Meeting—Councilmembers attending regularly scheduled and/or standing regional meetings within their committee assignment, or otherwise previously approved by the majority of the City Council, are representing the City officially and are AGENDA ITEM #13. a) Travel Expenses and Reimbursement p.4 eligible for reimbursement of associated costs. This includes, but is not limited to, regular membership meetings of the Association of Washington Cities and Suburban Cities Association. Councilmembers participating in other regional meetings, forums, and trainings are attending in an unofficial capacity on their own time and resources. 6.1.3 Excess Travel Time—The time it takes to travel in excess of one work day each way. If the excess travel time is required due to the employee's choice of transportation, it will be charged to the employee as accrued time, i.e., vacation, comp time, or personal leave. 6.2 Exceptions: Exceptions to this policy and procedure may be made only for unusual or extenuating circumstances and upon the written authorization of the Mayor, Chief Administrative Officer, or the Administrative Services (AS) Administrator or by a majority of the City Council for Council expenses. Exceptions must be consistent with State law, and Renton Municipal Code. 6.3 Meal and Incidentals Per Diem: 6.3.1 The City advances or reimburses at the M&IE per diem rate for eligible meals during authorized travel status. The current advance or reimbursement is paid at the following City M&IE per diem rate: Breakfast 10 Lunch 15 Dinner 30 Incidental Expenses: $5 and as revised from time to time by the Finance Division. 6.3.2 The City does not advance or reimburse per diems for meals provided at a conference. 6.3.3 No advances will be made for airline tickets, registration fees, lodging, or other expenses that can be billed to the City, charged to a City purchasing card, or paid through the regular accounts payable process. 6.3.4 Obtaining an advance of the M&IE per diems requires planning ahead. An employee with overnight travel authorization may request an advance check for M&IE per diems by using A/P's regular vendor payment schedule. The procedure is as follows: AGENDA ITEM #13. a) Travel Expenses and Reimbursement p.5 6.3.4.1 Prepare the Travel Authorization and Expenses Form, using M&IE per diems claimed on the first through the last day of travel, provided the person is in Travel Status during the following periods: 6:00 to 9:00 a.m. for breakfast 11:00 a.m. to 2:00 p.m. for lunch 5:00 p.m. to 8:00 p.m. for dinner 6.3.4.2 Obtain the required signature approvals. 6.3.4.3 Enter the M&IE advance amount due into Eden, following the regular A/P schedule. The approved Travel Authorization and Expenses Form is your invoice for an M&IE advance check. Attach the conference registration and program description to the invoice. Submit to A/P by the regular A/P cutoff date. Special checks will not be issued. 6.3.4.4 A/P will release the advance check on the regular accounts payable "mail check" date. 6.3.4.5 Upon completion of travel, recalculate any miscalculation of the meal or incidental per diems that results in the City advancing more money to the employee than was due. The employee shall reimburse the amount of the per diem overage to the City of Renton promptly. Any M&IE advance overage not repaid promptly may be collected through payroll deduction. 6.4 Expense Reporting: 6.4.1 If using a City Purchasing Card, you'll need to get all travel related receipts to your department account representative prior to the close of that month's billing cycle. 6.4.2 Required documentation for travel expenses include receipts for expenses claimed/reported (other than those provided for via per diem), and a copy of the approved Travel Authorization & Report form, if not submitted previously. 6.4.3 For a mileage claim, the mileage is calculated from the starting point to the destination. For a day-trip started from home, the start point should be the closest to the destination, either home or City Hall, even if the traveler begins their trip from home. 6.4.4 For an expense that is outside of policy, include the written approval for the exception. AGENDA ITEM #13. a) Travel Expenses and Reimbursement p.6 6.5 Eligible Expenses: 6.5.1 Travel Status Meals and Incidental Expenses — The cost for a meal and incidental expenses is advanced or reimbursed at the City's current M&IE per diem rate. All meals taken during travel status are reimbursed on a tax free basis, consistent with IRS rules. The exception is meals provided at a conference, which are not covered. 6.5.2 Transportation: 6.5.2.1 The actual costs for bus travel, train travel, taxi, tolls, car rentals, parking fees, and air travel (coach or economy class only) from SeaTac Airport to the destination and return are eligible expenses. 6.5.2.2 Employees using a personally owned auto to travel out of town on City business, if approved by an authorized approver, will be reimbursed at the current City mileage rate provided the total of the mileage rate does not exceed the total cost of the least expensive round-trip airfare to the same destination. Mileage is calculated from City Hall or your home, whichever is closer to the destination. 6.5.3 Lodging — The actual cost of hotel or motel accommodations at the double occupancy rate is eligible with the following exception: If a family member or guest accompanies the employee resulting in a higher room rate than the conference rate, the employee shall pay the amount over the conference rate. Note the conference accommodation rate on the lodging bill if that information is not contained in the conference registration materials. If a conference organizer offers multiple hotel options, an employee shall enerallv choose the least expensive hotel accommodation available unless the cost of traveling to and from the less expensive hotel cancels out the savings compared to the cost of a hotel closer to the conference site. The reason for not using the least expensive hotel accommodation should be noted on the Travel Authorization & Expenses Form. 6.5.3.1 A lodging bill detailing the charges shall be attached to the backup documentation and sent to A/P for processing. 6.5.3.21f lodging accommodations are shared between two or more employees, the lodging bill for the employees sharing the room shall be expense reported by the employee who pays the lodging bill. 6.5.4 Laundry, Telephone, Internet Fees—Covered by incidental expenses. AGENDA ITEM #13. a) Travei Expenses and Reimbursement p.7 6.5.5 Per Diems — Necessary meal and incidental (M&IE) expenses while on travel status are reimbursable at the City's current per diem rates. 6.6 The following expenses shall not be paid for or reimbursed by the City: Travel expenses paid by another organization. Meals included in a registration fee. Tips or gratuities (which are included in the M&IE per diem). Meals or lodging accommodations for family or guests. Alcoholic beverages. Valet or room services. Tours or sightseeing. Mileage if traveling as a passenger in a privately-owned car. Travel insurance. Hosting. Theft, loss, or damage to personal property. Fines or penalties. Any other personal expenditure or expenditures beyond "reasonable and necessary" as determined by the Authorized Approver. 6.7 Non Overnight Travel Status Meal: An Employee may be reimbursed for their meals during non overnight travel status, but meals in non travel status may be considered taxable by the IRS. 6.7.1 Eligible Meals: 6.7.1.1 Meals included in the cost of a meeting registration are eligible and are not taxable as a fringe benefit. 6.7.1.2 Non-conference local (non overnight travel) meals shall be reimbursed based on actual expenses but not to exceed the per diem rate for the meal as established by the City. Reimbursements for non travel status meals, if applicable, will be reported as earned income to the employee in accordance with IRS rules. 6.7.1.3 Individuals may be reimbursed for non travel status meal expense from the petty cash fund, provided the proper documentation is attached to the petty cash slip and the amount is within the petty cash limit. Some examples of proper documentation are meeting agendas, sign-in sheets, or appointments/invitations that establish the business purpose. AGENDA ITEM #13. a) Travel Expenses and Reimbursement p.8 6.7.1.4 Meals for elected or appointed officials conducting formal City business during meal times are authorized.Light dinner/refreshments may be provided for staggered City meetings starting prior to 5:00 p.m. and are expected to continue beyond 7:00 p.m. 6.7.2 Ineligible Meals: 6.7.2.1 Discussing City business during a mea) does not make the meal reimbursable when the business could reasonably have been conducted during non meal periods. 6.7.2.2 Authorized approvers or their designees will determine whether meals consumed locally (while attending a meeting or training on behalf of the City) are eligible for reimbursement. The approver's signature on an expense report or petty cash slip indicates his/her approval. Determination of the meal as eligible does not preclude the meal from being taxed as a fringe benefit. AGENDA ITEM #13. a) Travel Authorization and Expense Report Policy and Procedure 210-01) ITraveiing Employee: Ext: IPurpose of travel: EXp ACCOU t(w{o last 5 digits,which are identified below bytype ofexepnses: I Destination: Date Requested: IDept.Contact: Ext: I Departure Date: Return Date: Amount Requested: $ IDate From/7o M11e Miles SOrS5 rtP ollsg loo Fare I CarRental I TrShuttle'(43.00SII BkfaztlaLu SchliDSnnerl IE I 5 bo't I ah143002)5 I Total I I I - I I I I I ( I I I I 5 _ I Segistretion Cost I S I I I I - I I I I I I I I I I $ _ I Sesc:I 5 - I I I - I I I I I I I I I ( S - ISesc:IS - I I I I - I I I I I I I I I I S - ( Sesc: I 5 I I I - I I I I I I I I I IS - ISesc.IS - I I I I - I I I I I I I I I IS - ( Sesc: IS I I - I I I I I I I I I I 5 - I $esc.I $ - I I I I I - I I I I I I I I I I $ - ISesc:I $ - I I I - I I I I I I I I I I $ _ I $esr.I 5 - I I I I - I I I I I I I I I IS - ISesc.IS - I I I I - I I I I I I I I I I 5 _ I $esr. I 5 - I I I I - I I I I I I I I I IS - ISesc.IS - I I I I - I I I I I I I I I IS _ Isesc IS - I I I I I I I I I I I I I I $ - Isesc: I $ I I I I I - I I I I I I I I I I 5 - I Sesc. I S - I I I - I I I I ( I I ( I $ _ ISesc:IS - re , , h_._x..n i , e,, Iha._a ,,,u, ,, , di h6.,, a -. ,,, .a,,,',,u I o , , ui.,, i., , ...,, i,,,i I i i , , _..,. ,, u isi ,II y lu, I I I ., . ,.y il.i, I liull ili u a h,, ._ ,. .,iGp,4,_. ,___ ,r_,,.wk,.ri i tll„i "- „ .-v. , :a r 41 ,„,i I ,ui il v, , i, ,P hVi,J„ ll P , dH i,_il„li.l.p i, , , r wim W„iu„ lu,E l,inli,ir.,, r i rW,I,I.,. ,h.ui6 i.,rl x„ ,.i,,,,,ii,,,lu4 ii ., . , ..:',e. n .,„ rt ,,, ,,1,' E. f ,@_z .,..,r.r - ,,i„u ... _yr , , „,.r 4w .,. ,., i3-i,,1V, ,I i , 1', ,iul .0 ,I,. .u,iu,ir :c .w .' - =, r,u,m,J I , ,,..d,W,_I¢a tl m i k, _ ,.., , 9. J_h,f , p, ,,k,. ,fuuu iw „CB, u i,N _ikry Fry li,I r„ ,1 i V, I il, u,i u p pv, , u, ,_in ,` -.. M,,r,„ m il uu i i , r+-4Vr,muilN,il,dmli ' il, , a,r,. - !ti41i,ulJuiG6,oi i h, i ,w,i ,_'" „a,i,i,hiI Ilili i i h, ,o - - . ,i,u,rr1, kV,,,uTota1T5°0 f ._m-"f i _y,,,,K i_'S`,. . .,, ;,$r a,,,..,, $ :,..,,,{h.l r,1i n p„i i,*p 7 dvc r v, V,', w f,. „,ul w d .',S k w,,,;`u:il illiVd':PVI I;,,w,rdve'=_ + i,r irf'w u 6 u r r,.,u r ,.__- ,,. , i i i i r '--= ..„.i r ,i e- u I I y ,u Yil , - .; ,y. , . hi,,J',ui li -'- i,,,,;,.,,T v. ;,..4.,,y ,. __, _, N I .' ,iN,iP,,l h`_ w _ "_ ,f, , . _ -_-___.- ' ;,''i' ,.., -iv r;-._ ,- I i' ,,,i ilNll 4, ,..e :-- .n,ir«k - - '- „--- -„.P k'.urd.n.'- " _e i Ih,Vill l ll Vi u ,.,.., y+'.` ``-,. --*"-yy'w'a.n aFw,eTfhi;,_S yi,lll,V,!° ,...a Ilh'„I? illi, "` a.. ti ll . '' ,v lll a; wF., d r 11,IIIIIPI'I j1'"Po, I,,u _ k t---v-- E,, Y: ..,r:.. F r.t __ i ulll v "ih '' ,r", 1 y . ri r 23{` i P t -'`yi,q 'i P . ,{',f r,'r,R*a,e F .--' I i'4' _ i II1iIlIr I!!III I'll r lal ' _ !,R^„ d " Y,-._ Illyl,I illl6ll I C A CERTIFICAitON: 1 certifythat I have reviewedthe requestand notclaimed meal perdiem forany meals(s)that were provided to me at noadditiona cost.Ifa business meal{s was paid for via Ptard duringthis trip,that meal s)wasdeductedfromtheperdiemciaimed,IfurthercertifythatlhavereadandunderstandCity'stravelandreimbursementpolicyandprocedure,andtheaboveamouMisforeligible andcorrect costs that are necessaryforofficia Cty business;that the journey was performed with all practicable dispatch bythe shortest route usuallytraveled in the customa ry reasonable manner;and that I have not been furnished with transportation or money i n liav thereoffor a ny pa rt of the journey{herein cha rged for.If I have used my private vehicle,I also certify that I was duly licensed and ca rried at least the minimum insurance coverage required bystate statutes. I underrtand tbe Citv mav de duc[from mv oav check 1or expenses 1 ciaimed over the amount allowed by cih policies. Empbyee Signature: Date: Approval Signature: Date: Please Indirofe SpecificAufhorizations for: Ren[al Car Use of Personol Vehide(for Mileage reimbursementJ AGENDA ITEM #13. a) I POLICY & PROCEDURE Subject: Index: FinancePettyCash Number: 210-06 Effective Date Supersedes Page Staff Contact Approved By 10/22/2004 5/17/99 1 of 5 Victoria Runkle y i --¢.0., 1.0 PURPOSE: To establish policy guidelines for use of petty cash funds and procedures for reimbursement of City expenditures. 2.0 ORGANIZATIONS AFFECTED: All City departments/divisions. 3.0 REFERENCES: State of Washington State Auditor's Office, Budgeting, Accounting and Reporting Manual BARS), Petty Cash Chapter 4.0 DEFINITIONS: 4.1 Petty Cash: For the purpose of BARS, petty cash includes change funds, working funds, revolving, advance travel, stamp funds, check cashing funds, etc.; in other words, any sum of money or other resources set aside for such specific purposes as minor disbursements, making change, and similar uses (i.e., imprest fund). If petty cash is disbursed, it is periodically restored to its original amount by a warrant drawn and charged to the applicable operating fund. The amount of the check should equal the aggregate of the disbursements. 5.0 POLICY: 5.1 Employees are reimbursed for the purchase of minor maintenance, operating supplies, meals, and other expenses incurred on behalf of the city. 5.2 Only expenses amounting to $50.00 or less will be reimbursed through petty cash. Expenses in excess of$50.00 will be reimbursed by completing a Claim For Expenses form for inclusion with the next Accounts Payable claim process. 5.3 In an emergency, the Administrator or an authorized representative may approve a petty cash expenditure reimbursement for more than $50.00. AGENDA ITEM #13. a) 210-06 Petty Cash Page 2 of 5 5.4 To meet operational needs, the Finance Division shall establish petty cash accounts in various departments/divisions. A list documenting the amount of petty cash funds held by each department/division and the name of its custodian is maintained by the Finance Division. 5.4.1 Department Administrators that request petty cash funds shall sign a receipt provided by Finance and will then be responsible for the funds. Custodial responsibility within the department may be assigned by the department Administrator or Director. The custodian will have the following duties: 1. Issue reimbursements upon presentation of the Petty Cash Slip (see Exhibit 1) and receipt documenting purchase/expense. 2. Ensure that receipt and Petty Cash Slip (Exhibit 1) is encoded with the proper expenditure account number. 3. Ensure that proper, authorized signatures are on all petty cash slips. 4. Reconcile petty cash not less than once per month. 5. Submit Request for Petty Cash Reimbursement request form (Exhibit 2) in accordance with procedure 6.2. 5.5 Submit receipts as soon as possible, and no more than 30 days after the expenditure. If the date of the receipt is older than 30 days at the time it is submitted for reimbursement, the Finance Division shall pay the obligation through the Accounts Payable (A/P) process. The A/P process reimburses by issuance of a check in accordance with the annually set A/P payment schedule. 5.6 No personal checks shall be cashed out of a petty cash fund. 5.7 When an individual's appointment as a petty cash custodian is terminated, the petty cash fund must be replenished by completing the required paperwork on all current petty cash transactions and giving the petty cash fund and all documentation of transactions to the Finance division for auditing and redisbursement. 6.0 PROCEDURES: 6.1 To be reimbursed, the employee must complete and sign the Petty Cash Slip form and attach original receipts or other original evidence of payment. 6.1.1 The Petty Cash Slip must be fully completed and include the employee's signature. AGENDA ITEM #13. a) 210-0G Petty Cash Page 3 of 5 6.1.2 The employee's supervisor must approve the expense by printing and signing their name on the Petty Cash Slip. If the employee's supervisor is not available, then a supervisor within the same division, or within another division of the same department, may approve the Petty Cash Slip. A peer cannot approve the petty cash slip for another peer, nor can a supervisor approve the slip for someone at a higher management level. 6.2 To replenish the petty cash fund, the custodian of each fund must request reimbursement through the claims process. This must be done at least once a month. A Request for Petty Cash Reimbursement form (such as Exhibit 2) must be completed, and all individual petty cash slips and receipts must be attached. 7.0 PETTY CASH FORMS: 7.1 Each department may need to tailor the Petty Cash Reimbursement form to fit the department's operational/organizational needs. If changes to this form are needed, the department needs to obtain approval of any changes from the Finance Accounting Supervisor. AGENDA ITEM #13. a) 210-06 Petty Cash Page 4 of 5 EXHIBIT 1 1° Y ' CITY OF RENTON PETTY CASH SLIP NTo IAmount $ Authorization Employee Name: I I Please print supervisor's name) I Date of Purchase/Meeting: I Supervisor's signature) I Reason: ICharge to account#: I certify under penalty of perjury that the above costs were incuned by myself on behalf of the City of Renton. ISignature for receipt of cash AGENDA ITEM #13. a) 210-06 Petty Cash Page 5 of 5 EXHIBIT 2 TY City of Renton NTo Request for Petty Cash Reimbursement 1 • Reimbursement Request(receipts attached) Unreimbursed Requests (total) Date: for$ for$ for$ for$ Cash on Hand: TOTAL PETTY CASH FUND I certify that this is a true and accurate accounting of the Petty Cash fund for which I am custodian: Custodian's Signature: Custodian's Printed Name: Date: CHARTER 116,LAWS OF 1965 CITY OF RENTON CERTIFICATION I,THE UNDERSIGNED,DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,AND THAT THE CLAIM IS JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM. SIGNED: AGENDA ITEM #13. a) POLICY & PROCEDURE Subject: COUNCIL PRESIDENT AND COUNCIL PRESIDENT PRO TEMPORE Index: LEGISLATIVE Number: 800‐01 Effective Date: 12/10/2018 Supersedes: 11/16/2015 Page: 1 of 2 Staff Contact: CAO Approved By: Resolution #4363 on 12/10/2018 1.0 PURPOSE: To define the role of Council President and Council President Pro Tempore, and to establish the guidelines for the selection of individuals to serve in these roles. 2.0 ORGANIZATIONS AFFECTED: City Councilmembers 3.0 REFERENCES: RCW 35A.12.050 RCW 35A.12.060 RCW 35A.12.065 4.0 POLICY: 4.1 To provide for the efficient organization of Council business and activities, the Council shall elect from its members a President and President Pro Tempore. 4.1.1 The Council President shall serve a one‐year term. During that period, he or she shall act as the spokesperson and official representative of the City Council, unless such authority is delegated to another Councilmember by majority vote of the Council. 4.1.2 Should there be a vacancy in the office of the Mayor for a period of less than 30 days, the Council President shall automatically assume the authority and duties of the Mayor. Should the Mayor be unable, for any reason, to discharge the duties of his or her office for a period of more than 30 consecutive days, the Council, by majority vote, shall select from among their membership an interim Mayor who shall serve until the AGENDA ITEM #13. a) COUNCIL PRESIDENT AND COUNCIL PRESIDENT PRO TEMPORE p. 2 Mayor returns to office or, in the case of permanent vacancy, until an election is held to select a new Mayor. 4.1.3 The Council President shall preside as chairman of all Council Committee of the Whole meetings. 4.1.4 The Council President Pro Tempore shall serve as Council President in the absence of the duly elected Council President. 4.1.5 The Council President shall serve in conjunction with the Chief Administrative Officer as the supervisor for the Council Liaison position. 5.0 DEFINITIONS: N/A 6.0 PROCEDURES: 6.1 At the second regularly scheduled City Council meeting in November, or a date specified by the current Council President no later than the second Council meeting in December, the floor shall be open to nominations for the purpose of electing a Council President and Council President Pro Tempore to serve the following year. Such elections shall be made by majority vote of those Councilmembers present at the meeting. The nominations and elections shall occur under the New Business portion of the Council meeting. 6.2 The Council President and Council President Pro Tempore shall assume the duties of their respective offices on January 1 of the next year. AGENDA ITEM #13. a) POLICY & PROCEDURE Subject: MEETINGS OF THE CITY COUNCIL Index: LEGISLATIVE Number: 800‐02 Effective Date: 12/10/2018 Supersedes: 8/13/2007 Page: 1 of 5 Staff Contact: CAO Approved By: Resolution #4363 on 12/10/2018 1.0 PURPOSE: To establish the time and location of the various City Council meetings. 2.0 ORGANIZATIONS AFFECTED: City Councilmembers 3.0 REFERENCES: RCW 42.30 RCW 35A.12.100 RCW 35A.12.110 RMC 1‐5 Policy & Procedure 800‐01 4.0 POLICY: 4.1 Regular business meetings of the City Council shall be held the first four Mondays of each month commencing at 7:00 p.m. in the Council Chambers of City Hall or another location determined by City Council, and properly noticed by the City Clerk’s Office. The City Council will not meet when a regular meeting falls on a holiday acknowledged as such by official Council action; all pending business and agenda items will be carried forward to the next regularly scheduled meeting. 4.2 Committee of the Whole meetings (Council work sessions) may be held prior to weekly Council meetings. No final disposition shall be taken at any Council work session; rather, recommendations shall be offered for final action at a succeeding regular business meeting of the Council. Generally, public testimony is not allowed during Council work sessions. AGENDA ITEM #13. a) MEETINGS OF THE CITY COUNCIL p. 2 4.3 At all meetings of the City Council, a majority of Councilmembers shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and may compel the attendance of absent members as prescribed by ordinance (RMC 1‐5). 4.4 Except as provided for in law, all regular and special meetings of the City Council shall be open to the public as set forth in RCW 42.30. 4.5 The Mayor shall be the presiding officer at all meetings of the City Council except Council work sessions. The Council President shall preside at Council meetings in the Mayor’s absence and shall be notified when the Mayor leaves the state. In the absence of both the Mayor and the Council President, the Council President Pro Tempore shall preside. 4.5.1 The Mayor shall have a vote only in the case of a tie in the votes of the Councilmembers with respect to matters other than the passage of any ordinance, grant, revocation of a franchise or license, or any resolution for the payment of money. 4.5.2 The Mayor or other presiding officer may require any person addressing the City Council to be sworn as a witness and to testify under oath. The presiding officer shall also require persons addressing the City Council to be sworn as a witness to testify under oath if directed to do so by a majority vote of the City Council. 4.6 The Council President shall preside at all Council work sessions. The Council President Pro Tempore shall preside in the absence of the Council President per Policy & Procedure 800‐01. 5.0 DEFINITIONS: N/A 6.0 PROCEDURES: 6.1 Special meetings may be called by the Mayor or any four members of the City Council to discuss issues or business items, provided that written notice is delivered to each member of the Council and the City Clerk at least 24 hours before the time specified for the proposed meeting. 6.1.1 The City Clerk shall provide public notice per RCW 42.30.080 that specifies the time and place of the special meeting and the business to be transacted. AGENDA ITEM #13. a) MEETINGS OF THE CITY COUNCIL p. 3 6.1.2 No final disposition shall be taken on any other matter at such special meeting by the governing body. 6.1.2.1 Written notice may be dispensed with for any Councilmember who, at or prior to the time the meeting convenes, files a written waiver of such notice with the City Clerk. 6.1.2.2 Written notice may also be dispensed with for any member who is actually present at the meeting at the time it convenes. 6.1.2.3 Public notice required per RCW 42.30.080 may be dispensed with in the event that a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of injury or damage. 6.2 The Council President and or majority of the members of the City Council may hold executive sessions per RCW 42.30.110 during a regular or special meeting or Council work session for the following reasons: 6.2.1 1(a)(i): To consider matter affecting national security. 6.2.2 1(a)(ii): To consider, if in compliance with any required security breach disclosure per RCW 19.255.010 and 42.56.590, and with the legal counsel available, information regarding the infrastructure and security of computer and telecommunications networks, security and service recovery plans, security risk assessments and security test results to the extent that they identify specific system vulnerabilities, and other information that if made public may increase the risk to the confidentiality, integrity, or availability of agency security or to information technology infrastructure or assets. 6.2.3 1(b): To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of an increased price. 6.2.4 1(c): To consider the minimum price at which real estate will be offered for sale or lease when public knowledge of such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public. 6.2.5 1(d): To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs. AGENDA ITEM #13. a) MEETINGS OF THE CITY COUNCIL p. 4 6.2.6 1(e): To consider, in the case of an exporting trading company, financial and commercial information supplied by private persons to the export trading company. 6.2.7 1(f): To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge. 6.2.8 1(g): To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. 6.2.9 1(h): To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public. 6.2.10 1(i): To discuss with legal counsel representing the agency matters related to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. This subsection (1)(i) does not permit a governing body to hold an executive session solely because an attorney representing the agency is present. For purposes of this subsection (1)(i), “potential litigation” means matters protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning: (i) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party; (ii) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity, or (iii) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. AGENDA ITEM #13. a) MEETINGS OF THE CITY COUNCIL p. 5 6.2.11 2: Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the presiding officer. 6.2.12 No final action shall be taken at any executive session. 6.2.13 Disclosure of the content or substance of a discussion or action occurring at an executive session is not allowed unless authorized by the Mayor, the Chief Administrative Officer, or City administrators. 6.2.14 Attendance at executive sessions, to the extent permitted by law, shall be limited to the Mayor, the Chief Administrative Officer, appropriate legal counsel, the members of the City Council, and those the Council President, Mayor, or legal counsel invite to be present. In the event of disagreement over non‐Councilmember attendees, the Council President’s decision shall control unless the majority of Councilmembers vote in an open public meeting to include others. AGENDA ITEM #13. a) POLICY & PROCEDURE Subject: AGENDA ORDER OF BUSINESS & APPROVAL OF COUNCIL MEETING MINUTES Index: LEGISLATIVE Number: 800‐03 Effective Date: 12/10/2018 Supersedes: 4/1/2016 Page: 1 of 2 Staff Contact: CAO Approved By: Resolution #4363 on 12/10/2018 1.0 PURPOSE: To establish the order of business for Council meeting agendas, and to establish guidelines pertaining to the approval of Council meeting minutes. 2.0 ORGANIZATIONS AFFECTED: City Councilmembers 3.0 REFERENCES: RCW 35A.12.120 RCW 35A.39.010 4.0 POLICY: 4.1 The Council shall establish an order of business to facilitate the organization of Council meetings and expedite proceedings. 4.2 The City Clerk Division shall have exclusive responsibility for the preparation of the agenda and recording of the minutes, and shall be authorized to use audio and/or video recordings at any regular or special meeting of the Council to assist in the preparation of such minutes. 5.0 DEFINITIONS: 5.1 Consent Agenda: For the purpose of this policy, the consent agenda shall consist of a number of items/issues that shall be proposed for adoption in a single motion. AGENDA ITEM #13. a) AGENDA ORDER OF BUSINESS & APPROVAL OF COUNCIL MEETING MINUTES p. 2 6.0 PROCEDURES: 6.1 At each regular Council meeting, the business of the City Council shall be taken up for consideration and disposition in the following order, which shall not be changed except by majority vote of the Council: 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. Proclamations 4. Special Presentations and Reports 5. Public Meetings/Hearings 6. Appeals 7. Administrative Report 8. Audience Comment (limited to five minutes per speaker) 9. Consent Agenda 10. Unfinished Business (including Committee reports) 11. Legislation 12. New Business (including upcoming Committee meeting announcements) 13. Executive Session (if any) 14. Adjournment 6.2 Approval of Council meeting minutes: 6.3.1 The previous week’s Council meeting minutes should be placed on the following Council meeting consent agenda for approval. 6.3.2 The Council meeting minutes shall not be read aloud unless requested by a majority vote of the Council. 6.3.3 Any corrections to the minutes, with the exception of scrivener’s errors, shall be made by a majority vote of the Council. AGENDA ITEM #13. a) POLICY & PROCEDURE Subject: COUNCIL CORRESPONDENCE Index: LEGISLATIVE Number: 800‐04 Effective Date: 12/10/2018 Supersedes: 11/16/2015 Page: 1 of 3 Staff Contact: CAO Approved By: Resolution #4363 on 12/10/2018 1.0 PURPOSE: To establish guidelines and procedures for correspondence addressed to the City Council. 2.0 ORGANIZATIONS AFFECTED: City Councilmembers 3.0 REFERENCES: Policy & Procedure 800‐11 4.0 POLICY: 4.1 The Council Liaison or designee is authorized to open and examine all mail, postal and electronic, addressed to the City Council as a body or to an individual Councilmember. 4.2 Any Councilmember may address correspondence under New Business on the Council meeting agenda. 4.3 The City Clerk shall be provided a copy of all correspondence brought before the Council during a Council meeting. 4.4 Correspondence need not be read aloud in its entirety at a Council meeting unless requested by the presiding officer or a majority vote of the Council. 4.5 All correspondence initially handled by the Council Liaison that has retention value according to the rules of the State Archivist will be forwarded to the City Clerk Division. AGENDA ITEM #13. a) COUNCIL CORRESPONDENCE p. 2 5.0 DEFINITIONS: 5.1 Correspondence: For the purpose of this policy, correspondence (also referred to as “mail”) includes any letter, note, facsimile transmission, email message, or any other written or electronic transmission of information or data and any attachments. 6.0 PROCEDURES: 6.1 Mail shall be opened, date‐stamped, and logged as required by law. Mail addressed to an individual Councilmember shall be opened and date‐stamped by the Council Liaison unless it is identified as personal or confidential, in which case it shall be distributed to the Councilmember unopened. If the correspondence is not personal or confidential or if it relates to City business, the Councilmember will transmit a copy to the Council Liaison. If the Councilmember desires action regarding individually received email, such as having it referred to the Administration or a Council committee, the Councilmember will directly address the correspondence under New Business at an upcoming Council meeting. 6.2 Correspondence shall be logged into four categories: 6.2.1 Information correspondence that requires no action: Correspondence may be forwarded to all Councilmembers. Councilmembers may opt to respond personally to the correspondent. Councilmembers should be careful not to respond in a way that implies he or she is speaking on behalf of the City or the City Council as a legislative body. 6.2.2 Correspondence that requires administrative review and/or action by Mayor or City Department: Action: Correspondence shall be acknowledged and forwarded to the Mayor and/or appropriate administrator for review. Copies of the correspondence shall be forwarded to all Councilmembers. Staff responses shall be approved by the Mayor prior to distribution. Copies of the responses shall be forwarded to all Councilmembers and the City Clerk. 6.2.3 Correspondence that requires a policy decision or approval by City Council: Action: Correspondence shall be brought up by a Councilmember under New Business on the agenda for approval, denial or referral to Council committee of the Administration. If referred, the City Clerk shall notify AGENDA ITEM #13. a) COUNCIL CORRESPONDENCE p. 3 the department administrator for investigation and response, or request the administrator schedule the item on a Council committee agenda. 6.2.4 Correspondence related to Public Hearings/Meetings or other items on the Council meeting agenda: Action: The presiding officer may inquire of the City Clerk if any correspondence on the subject of the Public Hearing/Meeting had been received. Acknowledgment of correspondence shall be optional. 6.3 Under Item 6.2.3, if the matter is referred to Council committee, the Council Liaison shall notify the correspondent of the committee meeting date and time. Following final action by Council, the City Clerk shall notify the correspondent of the final Council action. 6.4 The City Clerk shall regularly follow up on outstanding referrals to the Administration. 6.5 Any Council request or referrals to the Administration occurring at Council meetings shall be referred to staff by the City Clerk or Chief Administrative Officer. 6.6 If a public disclosure request is received for Council correspondence, the Councilmembers shall be immediately notified and provided a copy of the request. AGENDA ITEM #13. a) POLICY & PROCEDURE Subject: COMMITTEES OF THE COUNCIL Index: LEGISLATIVE Number: 800‐05 Effective Date: 12/10/2018 Supersedes: 11/16/2015 Page: 1 of 6 Staff Contact: CAO Approved By: Resolution #4363 on 12/10/2018 1.0 PURPOSE: To establish guidelines and procedures for the appointment of members and conduct of Council committees, and appointments of members to Intergovernmental Boards and Commissions or Ad Hoc Committees. 2.0 ORGANIZATIONS AFFECTED: City Councilmembers 3.0 REFERENCES: RCW 42.30 Policy & Procedure 800‐09 4.0 POLICY: 4.1 Standing Council Committees: Meetings are held at least monthly to discuss financial, public safety, transportation/aviation, community services, planning and development, utilities, and general governmental issues. Meeting times and dates are determined by Committee members’ meeting schedules, posted on the City’s website, and distributed to Council and City staff following every regular Council meeting. Three Councilmembers serve on each committee to discuss emerging issues, review City programs and policies, and provide recommendations to the full Council. Committee issues can be forwarded to regular Council meetings for action, or formally referred to another standing committee or the Committee of the Whole for further review. 4.2 Special Committees: The Council may create special committees by motion to accomplish specific tasks of limited duration. AGENDA ITEM #13. a) COMMITTEES OF THE COUNCIL p. 2 4.3 Authority of Standing Committees: Standing Council committees shall be concerned primarily with policy matters and responsibilities vested in the legislative body of the City. They shall review policy matters within their general areas of purview as determined by Council and shall formulate recommendations to the full Council for action. Activities conducted by the committees shall not substitute for Council action, but shall be designed to facilitate Council business. 4.4 Committee Meetings: All committees shall coordinate their activities with the Council as a whole. The schedule of committee meetings shall be posted at City Hall and provided to Council and staff through regular distributions. All Committee meetings shall be open to the public. Councilmembers wishing to attend a meeting of a committee of which they are not a member shall provide the Council Liaison and/or the City Clerk sufficient advance notice to allow compliance with the State’s Open Public Meetings Act. 4.5 Staff Assistance to Committees: The Chief Administrative Officer shall provide for staff assistance to a committee, as the committee Chair shall request. See Policy & Procedure 800‐09. 4.6 Standing Committee Reports: Committee reports must be in writing, and once signed by a majority of Committee members present, must be presented for Council action at the next available Council meeting. Items formally referred into any committee, with the exception of briefings or updates, shall not be considered closed until the related committee report has been voted on by the full Council. 4.7 Standing Committees: Community Services Committee: This committee shall be responsible for policy and development review concerning parks, recreation, trails, forestry, open spaces, golf course, aquatic center, City facilities, property acquisition, concessionaire agreements, and other matters it deems appropriate. Finance Committee: This committee shall be responsible for policy development and review concerning the financial matters of the City. The committee shall also consider and make recommendations regarding budget, fees and charges, and other matters it deems appropriate. Planning and Development Committee: This committee shall be responsible for policy development and review of land use matters, comprehensive plan and related docket items, economic development AGENDA ITEM #13. a) COMMITTEES OF THE COUNCIL p. 3 matters, current and long range planning, permitting, code compliance, and other matters it deems appropriate. Public Safety Committee: This committee shall be responsible for policy development and review concerning public safety matters such as police, fire, criminal justice, dispatch and communications systems, disaster and emergency services, water and boating safety, and other matters it deems appropriate. Transportation (Aviation) Committee: This committee shall be responsible for policy development and review of transportation planning and programming, transportation design and construction, the Renton Municipal Airport, bicycle routes, traffic safety plans, public transit, and other matters it deems appropriate. Utilities Committee: This committee shall be responsible for policy and development review concerning utility systems, water systems, wastewater systems, surface water systems, utility rates and taxes, and other matters it deems appropriate. 4.8 Appointment of Committee Members: A Committee on Committees shall convene annually, generally in the month of November, to develop a recommendation for Standing Committees membership. The Committee on Committees membership shall be established pursuant to Policy & Procedure 800‐01. 4.8.1 The Committee on Committees shall recommend to the full Council the organization and membership of Standing Committees and Special Committees, including the discontinuance of any standing or special committee and the reassignment of its duties and functions to another committee or committees. 4.8.2 The Committee on Committees shall also recommend to the full Council the Chair, Vice‐Chair, and Member to serve on each Standing Committee. 4.8.3 When determining the various committee assignments the Committee on Committee should at no time act to effectively exclude one or more Councilmembers from serving as a full and equal representative on the Council. 4.9 The City Council shall establish Standing Committees consisting of three (3) members each, including the Chair and Vice‐Chair. Members of Standing Committees shall be recommended by the Committee on Committees with the approval of the majority of City Council. AGENDA ITEM #13. a) COMMITTEES OF THE COUNCIL p. 4 4.9.1 The Chair of each Standing Committee shall act as spokesperson for the committee and will present reports to the Council. 4.9.2 It shall be the duty of each Standing Committee to fairly examine all subject matters that have been formally referred by the City Council. 4.9.3 Committee activities, investigations, and recommendations shall be reported to the full Council at a regularly scheduled meeting. All recommendations shall be read from a written committee report signed by at least two members of the committee. Such reports shall be preserved in the records of the City Clerk Division. 4.9.4 Whenever any member of a committee cannot agree with the committee report, such member may file a written minority report. The minority report shall be read at the same time the majority report is reported to Council. No vote may be taken until both reports have been read. All minority reports shall also be preserved in the records of the City Clerk Division. 4.10 The members of the City Council shall establish, through mutual agreement, the seating arrangement and office assignments for the City Council. Should a conflict related to those issues arise, the Committee on Committees shall convene to study the question and provide a recommendation for Council consideration and action. 4.11 The Committee of the Whole may convene from time to time for the purpose of Council work sessions or retreats. 4.11.1 The Council President shall serve as Chair. 4.11.2 In the absence of the Council President, the Council President Pro Tempore shall preside. 4.11.3 No final disposition shall be taken at any Council work session; however, nothing shall prevent the Council from achieving informal consensus on any matter under discussion. Recommendations shall be offered for final action at a succeeding regular meeting of the Council. 4.12 Public testimony in committee meetings is not allowed, unless authorized by a vote of a majority of Councilmembers, the committee meeting is noticed in accordance with the Open Public Meetings Act, and minutes documenting the testimony are taken and subsequently approved by the full Council at a regular Council meeting. AGENDA ITEM #13. a) COMMITTEES OF THE COUNCIL p. 5 4.13 Intergovernmental Boards and Commissions and Ad Hoc Committees: 4.13.1 Councilmembers represent the City on regional and intergovernmental boards and commissions and ad hoc committees to facilitate communication relating to a variety of matters including planning, transportation, utilities, housing, the environment, and social services. Personal positions, when given, shall be identified and not represented as the position of the City. Reports on intergovernmental boards, commissions, or ad hoc committee activities shall be presented during Committee of the Whole meetings under the topic of Regional Issues. Councilmembers may invite regional committee and boards to work sessions to provide Council with updates on issues. A primary delegate and alternate if permitted may be appointed to intergovernmental boards, commissions, and ad hoc committees. Alternates are appointed to attend the meeting when the primary delegate is unable to attend to ensure the City is represented at the meeting. Assignment and direction of staff in relation to regional meetings are directed by the Chief Administrative Officer. Councilmembers are encouraged to notify the Council President of his or her preferred regional committees. A list of Councilmembers’ preferred choices will be provided to the Council President at the first meeting in September. The Council President shall make a good faith effort to accommodate Councilmembers’ preferred choices when making regional committee appointments. 5.0 DEFINITIONS: N/A 6.0 PROCEDURES: 6.1 The Committee on Committees shall submit to the Council recommendations for membership and Chairs for each committee; this shall occur no later than January 31 for the year in which the committees are to serve. 6.1.1 Should the committee recommendation fail to receive majority approval, the Committee on Committees shall reconvene to prepare alternative proposals until an acceptable organization is achieved. 6.1.2 Membership on the Committee on Committees shall be for a term of one year commencing with the election of the Council President‐elect. AGENDA ITEM #13. a) COMMITTEES OF THE COUNCIL p. 6 6.2 Membership on all Standing Committees shall be for a term of one year, commencing no later than January 31 and concluding upon approval by the full Council of a successor committee. 6.2.1 Until such recommendation is accepted and Council organization is complete, the previously constituted committees shall continue to meet. Newly‐elected Councilmembers shall serve on all committees previously assigned to their predecessor. 6.2.2 All Standing Committee meeting dates and times shall be set by the respective Chair. The Chair may cancel, reschedule or set special meetings as necessary to conduct the business of the committee, provided such meetings be coordinated with the Council Liaison and City Clerk, and notice be provided to the public in compliance with legal and policy requirements. 6.2.3 The Council President shall not serve as a regular member on any Standing Committee; however, he or she may serve as an ex‐officio member of any Council committee and may sign a committee report if at least two regular committee members are unable to attend a meeting. 6.3 Membership of the Committee of the Whole shall be comprised of all duly elected Councilmembers. 6.3.1 Prior to each regular weekly Council meeting, the Council may hold work sessions. 6.3.1.1 Special Committee of the Whole meetings may be held at other times when approved by a majority of Council. Sufficient notice of a Special Committee of the Whole meeting shall be provided to the Council Liaison and/or City Clerk in order to comply with the Open Public Meetings Act. 6.3.2 Items for discussion shall be appropriately referred to the Committee of the Whole. 6.3.3 The Council President, in conjunction with the Chief Administrative Officer, will determine the items to be listed on the Committee of the Whole meeting agenda. AGENDA ITEM #13. a) POLICY & PROCEDURE Subject: RULES OF DEBATE, DECORUM, VOTING REQUIREMENTS AND PROCEDURES Index: LEGISLATIVE Number: 800‐06 Effective Date: 12/10/2018 Supersedes: 8/6/2007 Page: 1 of 6 Staff Contact: CAO Approved By: Resolution #4363 on 12/10/2018 1.0 PURPOSE: To establish voting requirements and procedural guidelines to assist Council as it conducts business in official meetings. 2.0 ORGANIZATIONS AFFECTED: City Councilmembers 3.0 REFERENCES: Robert’s Rules RCW 35A.12.100 RCW 35A.12.120 RCW 42.23 RCW 42.36 RMC 1‐6 4.0 POLICY: 4.1 Rules adopted to expedite the transaction of the business of the Council are procedural only. Failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformance with the law. 4.2 In the normal course of business and notwithstanding the laws or regulations relating to conflict of interest (RMC 1‐6), each Councilmember shall at all times be open‐minded, objective, impartial, and make no judgement or engage in any partisan position until all of the evidence pertaining to an issue has been submitted to the Council at a regular public meeting. AGENDA ITEM #13. a) RULES OF DEBATE, DECORUM, VOTING REQUIREMENTS AND PROCEDURES p. 2 4.2.1 This language shall not be construed to limit Council committees in reviewing information and developing recommendations for subsequent Council consideration. 4.2.2 It shall be understood that a Councilmember or prospective Councilmember may, in the course of seeking elective office, be asked to state positions on general issues that may eventually come before the Council at a later date. This policy shall in no way impair that individual’s right to consider the issue and vote as he/she determines is appropriate. 4.3 In order to avoid an attack on the validity of Council hearings, members of the hearing body shall avoid any private meetings, conferences, or discussions on the merits of the matter or issue before the body, including, but not limited to, specific zoning and related land use proposals, comprehensive planning, and like matters with proponents and opponents of said issues. 4.4 Every Councilmember, unless disqualified by reason of a conflict of interest or otherwise provided by law, shall cast his/her vote upon any matter put to vote by the legislative body. 4.5 Any Councilmember who abstains from voting without a valid reason shall be deemed to have voted with the majority on that particular issue. 4.5.1 A Councilmember who publicly announces that he/she is abstaining from voting or participating in debate on a particular matter for specified reasons shall not subsequently be allowed to withdraw that abstention. 4.6 Tie votes shall be lost motions and may be reconsidered unless the tie is broken by the Presiding Officer’s vote, if permitted pursuant to RCW 35A.12.100/120. 4.7 A Councilmember may change his/her vote only if the request to do so immediately follows the last vote cast and is prior to the time that the result of the vote has been announced by the Presiding Officer or the City Clerk. 4.8 A motion to reconsider any action taken by the City Council may be made only on the day the action was taken or at the next regular meeting of the City Council. 4.8.1 A motion to reconsider may be made only by one of the Councilmembers who voted on the prevailing side. 4.8.2 Nothing in this policy shall be construed to prevent any Councilmember from making or remaking the same or any other motion at a subsequent meeting of the Council. AGENDA ITEM #13. a) RULES OF DEBATE, DECORUM, VOTING REQUIREMENTS AND PROCEDURES p. 3 4.9 Rules of Decorum: 4.9.1 Councilmembers: While the Council is in session, all members must preserve order, decency, and decorum, and no member shall delay or interrupt the proceedings of the Council or disturb any member while speaking, or refuse to obey the order of the Presiding Officer. 4.9.1.1 Discussion by members of the Council shall relate to the subject matter at hand and shall be relevant and pertinent to allow for the expeditious disposition and resolution of the business before the body. 4.9.2 Employees: Members of City staff shall observe the same rules of the order and decorum as applicable to the City Council. 4.9.3 Public Addressing Council: Any person making personal, impertinent, or slanderous remarks or who becomes boisterous or in any way impedes or interrupts the proceedings of the Council may be barred from further audience before the Council by the Presiding Officer. An individual may not return for the remainder of that meeting unless permission is granted by a majority vote of the Council. 4.9.3.1 A commissioned representative of the Police Department shall act as Sergeant at Arms for the purpose of maintaining order, peace, and decorum at Council meetings. 4.9.3.2 Any Councilmembers may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of Council shall require him/her to do so. 5.0 DEFINITIONS: N/A 6.0 PROCEDURES: 6.1 Rules of Debate: 6.1.1 Getting the Floor: Any Councilmember desiring to speak shall first address the Presiding Officer, gain recognition, and shall confine remarks to the question under debate. Members shall not engage in any indecorous, abusive, or inappropriate language and shall avoid personal attacks on any other members of the Council or City officials; or impugn the integrity, honesty, and motives of such officials. AGENDA ITEM #13. a) RULES OF DEBATE, DECORUM, VOTING REQUIREMENTS AND PROCEDURES p. 4 6.1.2 Interruptions: A Councilmembers, once recognized by the Presiding Officer, shall not be interrupted when speaking unless called to order by the Presiding Officer, or unless a point of order or personal privilege is raised by another Councilmember, or the speaker chooses to yield to a question by another member of the Council. If a Councilmember is called to order, he/she shall cease speaking immediately until the question of order is determined; and, if the determined to be in order, he/she shall proceed. 6.1.3 Limitation of Debate: No Councilmembers shall be allowed to speak more than once upon any particular subject matter until every other Councilmember desiring to do so has spoken. Each Councilmember shall limit his/her remarks on a particular subject matter to not more than ten (10) minutes. 6.1.4 Points of Order: The Presiding Officer shall determine all points of order, subject to the right of any Councilmember to appeal to the City Council. Upon an appeal, a majority vote shall conclusively determine a question of order. 6.1.5 Point of Personal Privilege: The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned, or where the welfare of the Council is concerned. Any Councilmember raising a point of privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privilege. 6.1.6 Privilege of Closing Debate: The Councilmember moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate. 6.1.7 Synopsis of Debate: Any Councilmember may request, through the Presiding Officer, the privilege of having an abstract of his/her statement on any subject under consideration entered into the minutes by a majority vote of the Council. 6.1.8 Protest Against Council Action: Any Councilmember shall have the right to have the reasons for his/her dissent from or protest against any action of the Council entered in the minutes. Any such protest or dissent must by in summary form to avoid unnecessary delay or interference with Council business. Councilmembers must inform the City Clerk when there is a desire to include such comments in the minutes. AGENDA ITEM #13. a) RULES OF DEBATE, DECORUM, VOTING REQUIREMENTS AND PROCEDURES p. 5 6.2 Addressing the City Council: 6.2.1 Manner of Addressing Council: Each person desiring to address the Council shall proceed to the speaker’s podium upon recognition from the Presiding Officer. The speaker shall state for the record his or her name and city of residence. Unless further time is granted by a majority vote of the Council, speakers shall limit remarks to five (5) minutes. All remarks shall be pertinent to the subject at hand. All remarks must be addressed to the Council as a whole and not to any member individually. No questions shall be asked of a Councilmember or member of the City staff without permission from the Presiding Officer. If residents would like a response or to be contacted, they should provide their name and address, including email address, on a speaker card or the sign‐in sheet and submit it to the City Clerk. This allows for follow‐up when a resident desires it, but maintains confidentiality of private information. 6.2.2 Spokesperson for a Group: In order to avoid repetitious presentations and delay in the business of Council, whenever any groups or persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request a spokesperson be chosen by the group to represent their position. It is also appropriate for the Presiding Officer to limit the number of persons addressing the Council if additional matters are to be presented by any other member of such group. 6.2.3 After Motion: After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission from the Presiding Officer or a majority vote of the Council. 6.3 Voting Procedures: 6.3.1 Question to be Stated: After a motion has been properly offered and a second is acknowledged by the Presiding Officer, the Presiding Officer shall restate each question immediately prior to calling for the vote. Following the vote, the Presiding Officer shall announce whether the question carried or was defeated. In the case of a roll call vote, the City Clerk shall announce the results of the vote. The Presiding Officer, may at his or her discretion, publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. AGENDA ITEM #13. a) RULES OF DEBATE, DECORUM, VOTING REQUIREMENTS AND PROCEDURES p. 6 6.3.2 Roll Call Vote: In the case of a roll call vote, the sequence of the vote shall progress according to the seating arrangement in a clockwise or counter‐clockwise order, with the direction alternating each month. Voting shall always begin with the Council President. Should the Council President be serving as the Presiding Officer or be absent, the roll call vote shall begin with the Council President Pro Tempore. 6.3.3 Entry of Ayes and Nays on Record: At any time, at the request of any member of the Council, any question shall be voted upon by roll call and the ayes and nays shall be recorded in the minutes. AGENDA ITEM #13. a) POLICY & PROCEDURE Subject: LEGISLATIVE ORDINANCES AND RESOLUTIONS Index: LEGISLATIVE Number: 800‐07 Effective Date: 12/10/2018 Supersedes: 11/16/2015 Page: 1 of 3 Staff Contact: CAO Approved By: Resolution #4363 on 12/10/2018 1.0 PURPOSE: To establish guidelines and procedures for the preparation, presentation, and processing of City ordinances and resolutions. 2.0 ORGANIZATIONS AFFECTED: City Councilmembers and the Administration 3.0 REFERENCES: RCW 65.16.160 RCW 35A.12.130 RCW 35A.12.150 RCW 35A.12.160 4.0 POLICY: 4.1 All ordinances shall be prepared or reviewed by the City Attorney Department, except bond ordinances which shall be prepared or reviewed by the City’s bond counsel. 4.1.1 No ordinance or resolution shall be prepared for presentation to the City Council unless ordered by majority vote of the Council, requested by the Mayor, or prepared by the City Attorney on his or her own initiative. 4.1.2 All ordinances and resolutions shall, before presentation to Council, be approved as to form and legality by the City Attorney Department. 4.2 All ordinances and resolutions shall be examined and approved for administrative review by the department administrator, or his or her authorized representative, having jurisdiction over the matter. AGENDA ITEM #13. a) LEGISLATIVE ORDINANCES AND RESOLUTIONS p. 2 4.3 At the time of adoption of an ordinance or resolution, it shall be read by title only unless the full reading is requested by a majority vote of the Council. 4.4 Before any ordinance shall take effect, its title shall be published in the City’s official newspaper or otherwise advertised in accordance with the requirements established by State law unless adopted as an emergency measure, which shall take effect upon adoption. 4.5 The Mayor shall sign all ordinances, resolutions, contracts and other documents approved by Council, and all such documents shall be duly attested to by the City Clerk. In the event of the absence or unavailability of the Mayor, the signature of the Council President may be used. 4.5.1 The Mayor shall have the power to veto ordinances passed by the City Council and submitted to him or her for signature as provided in RCW 35A.12.130. 5.0 DEFINITIONS: N/A 6.0 PROCEDURES: 6.1 Except as provided in this subsection, all ordinances and resolutions presented for adoption by Council shall be reviewed by the appropriate Council committee responsible for the subject matter. 6.1.1 When feasible, copies of proposed ordinances and resolutions shall accompany an agenda bill when the subject matter is placed on the consent agenda for referral to Council committee. 6.1.2 Resolutions shall be read and adopted at the time the Council committee report is presented for reading and adoption, or as determined by Committee. 6.1.3 Ordinances shall be placed on first reading at the time the Committee report is presented for reading and adoption, or as determined by Committee. Following first reading, the ordinance will be placed on the Council agenda for second and final reading the following week, or when all legal requirements are met. At the direction of the Chair, Committees may recommend ordinances be prepared and then presented to the full Council for reading and adoption when completed with the need to be reviewed by the Committee. AGENDA ITEM #13. a) LEGISLATIVE ORDINANCES AND RESOLUTIONS p. 3 6.1.4 Emergency ordinances may be reviewed and approved by Council without Committee review. 6.2 No ordinance shall take effect until five (5) days after the date of publication except when such ordinance may be subject to referendum, at which time the ordinance shall not take effect until thirty (30) days after publication unless adopted as an emergency measure, which shall take effect upon adoption. 6.2.1 Before any ordinance shall take effect, the title shall be published at least once in a newspaper generally circulated within the City of Renton, which shall be the City’s official newspaper. 6.2.2 Whenever the City is required to publish legal notices containing the full text of any proposed or adopted ordinance in the City’s official newspaper, the City may, upon the choice of the City Attorney, publish a summary of the ordinance. Such summary shall be approved by the City Council. AGENDA ITEM #13. a) POLICY & PROCEDURE Subject: LOBBYING BY A COUNCILMEMBER Index: LEGISLATIVE Number: 800‐08 Effective Date: 12/10/2018 Supersedes: 8/1/1985 Page: 1 of 2 Staff Contact: CAO Approved By: Resolution #4363 on 12/10/2018 1.0 PURPOSE: To assure that the official policies of the City Council are properly and consistently expressed by members of the City Council in all public forums. 2.0 ORGANIZATIONS AFFECTED: City Councilmembers 3.0 REFERENCES: RCW 42.17A.635 4.0 POLICY: 4.1 No testimony or statement, written or oral, from a member of the City Council shall be in conflict with the policies set forth by formal Council action (motion, resolution or ordinance) when such Councilmember is acting as an official representative of the City. 4.2 When time constraints do not allow formal action by the City Council prior to public testimony related to a particular issue, and when such statements made by a Councilmember may have been interpreted to represent the position of the City Council, a summary of the remarks or a copy of any written statement will be provided to the full Council in a timely manner. 4.3 Councilmembers who testify or provide statements supporting his or her personal position on a public issue shall not represent himself or herself as an elected official with the City of Renton unless all information given is in compliance with policy. AGENDA ITEM #13. a) LOBBY BY A COUNCILMEMBER p. 2 4.3.1 If, during the course of an appearance or verbal interchange, the fact emerges that the person is an elected official, or it is likely that he or she is recognized as an elected official, a disclaimer will be issued that the information or testimony given represent his or her personal views and not that of the City. 4.3.2 If information or testimony is given that is known to be contrary to official policies of the City, then a statement to that effect will be given. 5.0 DEFINITIONS: 5.1 Lobby and Lobbying: For the purposes of this policy, lobby and lobbying each mean attempting to influence the acceptance, passage, or defeat of any legislation or the adoption or rejection of any rule, rate, or other legislative enactment that will or could have an impact on the City of Renton. 6.0 PROCEDURES: 6.1 All Councilmembers lobbying before the State legislature who expend funds in such an effort shall file with the Public Disclosure Commission in accordance with RCW 42.17A.635. AGENDA ITEM #13. a) POLICY & PROCEDURE Subject: CITY COUNCIL REQUESTS FOR STAFF ASSISTANCE Index: LEGISLATIVE Number: 800‐09 Effective Date: 12/10/2018 Supersedes: 8/6/2007 Page: 1 of 3 Staff Contact: CAO Approved By: Resolution #4363 on 12/10/2018 1.0 PURPOSE: To establish policy and procedures by which requests from the City Council for staff assistance should receive the prior review and approval of the Mayor’s office. This policy will assure that: 1.1 Requests from Council are addressed in a timely and thorough manner. 1.2 Matters referred are transmitted to the appropriate department(s) for a response, and; 1.3 Council requests are appropriate incorporated into the ongoing daily work program. 2.0 ORGANIZATIONS AFFECTED: All departments/divisions 3.0 REFERENCES: RCW 35A.12 4.0 POLICY: 4.1 The Mayor, or the Chief Administrative Officer on behalf of the Mayor, shall have the exclusive responsibility for directing the activities of the Administrative staff of the City. 4.2 All substantial requests by Councilmembers for staff assistance shall be transmitted to the Mayor’s office for review, approval, and transmittal to the appropriate department/division for action. AGENDA ITEM #13. a) CITY COUNCIL REQUESTS FOR STAFF ASSISTANCE p. 2 4.2.1 Questions or requests of a simple nature that do not require the dedication of staff time or research may be posed directly to a department administrator. 4.3 All requests for assistance from the City Council shall be addressed at the earliest possible date. 5.0 DEFINITIONS: 5.1 Substantial Request: A request by a Councilmember or Council committee for staff assistance requiring research and/or a technical analysis which was not previously scheduled in the normal work program of the department. 6.0 PROCEDURES: 6.1 City Councilmembers shall refer substantial requests for assistance to the Mayor’s office for review, approval, and transmittal to the appropriate department(s) for response. 6.1.1 Upon receipt of a request from the Mayor’s Office, the department administrator shall estimate the time required to respond or comply with the request for assistance. Under normal circumstances, every effort shall be made to respond within five (5) working days. If it is anticipated that a response will not be forthcoming within five working days, the Mayor or Chief Administrative Officer will provide the Councilmember an estimate of the time required to respond to the request and the reason for the delay. 6.2 All responses to substantial requests from the Council shall be in writing. Responses should be sent to the Mayor’s Office to assure that the content fully addresses the intent of the request and that the information provided is consistent with input from other sources. 6.3 The Mayor’s Office shall be responsible for the distribution of responses to Council requests. 6.3.1 All written responses to questions or requests for assistance shall be distributed to the entire Council. 6.3.2 Verbal responses shall be conveyed, when deemed appropriate by the Mayor, at a regularly scheduled City Council meeting as part of the Administrative Report. Provided; however, that the Administration shall comply with any City Council request to provide a written response to a question or request for assistance. AGENDA ITEM #13. a) CITY COUNCIL REQUESTS FOR STAFF ASSISTANCE p. 3 6.4 Administrative staff who may be contacted directly by a Councilmember with a substantial request for assistance should advise the Councilmember of the applicability of this policy and recommend that he or she contact the Mayor’s Office for assistance. AGENDA ITEM #13. a) POLICY & PROCEDURE Subject: FILLING COUNCIL VACANCIES Index: LEGISLATIVE Number: 800‐10 Effective Date: 1/6/2020 Supersedes: 1/1/2019 Page: 1 of 4 Staff Contact: CAO Approved By: RES 3496 1.0 PURPOSE: To establish policy and procedures for filling a Council vacancy that is consistent with State law. 2.0 ORGANIZATIONS AFFECTED: City Councilmembers 3.0 REFERENCES: RCW 42.12 RCW 42.30 RCW 35A.12 4.0 POLICY: 4.1 A Council position shall be officially declared vacant upon resignation, recall, forfeiture, or death of a Councilmember, or for any other reason provided in RCW 42.12. 4.2 The Council, by majority vote, shall appoint a qualified person to fill the vacancy in the Council. 4.2.1 The appointee shall serve on the Council until such time as a person is elected and certified to fill the vacancy for the remainder of the unexpired term at the next regular municipal election. 4.3 Candidates for a Council vacancy must: 4.3.1 Be a registered voter of the City of Renton. AGENDA ITEM #13. a) FILLING COUNCIL VACANCIES p. 2 4.3.2 Have residency within the corporate limits of Renton at least one year immediately prior to consideration for the vacancy. 4.4 A person shall be considered for filling the vacancy by submitting an application packet that includes the following: a) Letter of Interest from candidate; b) Resume; c) Letters of support from community members (optional); and d) Completed Council Applicant Questionnaire 4.4.1 Candidates’ submitted materials shall be made available in the City Clerk Division for inspection by the public after the submission deadline. 4.5 The City Clerk shall arrange for all announcements, interviews, and meetings pertaining to a Council vacancy to be made public by publishing a notice in a local newspaper of general circulation. Notice shall also be provided to each local radio and/or television station that has a request to be notified on file with the City. Notice of any special meetings shall be publicized 24 hours prior to the scheduled meeting and must specify the time, place, and purpose of the meeting. The requirements above do not preclude the continuation of a publicized meeting to a time certain. 4.6 Interviews of selected candidates desiring to fill the vacant Council position shall be conducted in a meeting open to the public in Council Chambers during a scheduled Committee of the Whole, Special, or Regular meeting of the Council. Minutes of the meeting must be kept in order to meet the requirements of the Open Public Meetings Act. No public testimony regarding the candidates or their related submitted materials will be accepted. 5.0 DEFINITIONS: N/A 6.0 PROCEDURES: 6.1 If, for any reason, a vacancy in the Council occurs, the Mayor shall officially acknowledge the vacancy at the next regularly scheduled Council meeting. If a resignation, forfeiture or recall of a Council position occurs during a meeting, official acknowledgment of the vacancy by the Mayor may take place during that same meeting. 6.1.1 After officially acknowledging a vacancy on Council, the Mayor shall request and encourage all qualified persons who desire to be appointed to AGENDA ITEM #13. a) FILLING COUNCIL VACANCIES p. 3 the vacant position to submit an application packet (per Section 4.4) to the City Clerk. 6.1.2 At the meeting the vacancy was acknowledged, the Council President may, with the consent of the full Council, 1) establish the date and time by which application packets must be submitted to the City Clerk, and 2) establish a date and time for Council to review the submitted materials at an open public meeting. 6.1.3 The day immediately following the Council meeting in which the Council establishes a schedule for the submission of applications and review of materials submitted, the City Clerk shall provide proper notice to local media that: a) Advertises the vacancy; b) Requests qualified persons desiring to be appointed to the vacant position submit application packets (per Section 4.4.); c) Lists the requirements and deadlines candidates must meet in order to be considered for the vacancy; and d) Provides notice of when Council will review the submitted materials. 6.1.4 After the submission deadline, the City Clerk shall prepare a packet for each Councilmember and the Mayor consisting of the candidates’ submitted materials. 6.1.5 After receiving the packets, the Council shall meet in a meeting open to the public, and may recess into Executive Session in order to review and debate the qualifications of the candidates. Council must be in an open session to select by majority vote either a candidate as the new Councilmember or a slate of up to six candidates to interview at a future Committee of the Whole, Special or Regular meeting of the Council. If a candidate is selected as the new Councilmember, the City Clerk shall notify the other candidates that the interview process is canceled. 6.1.6 If Council selects a slate of candidates to interview, the City Clerk shall personally notify each candidate of the date, time, and place of the interviews. 6.2 Each candidate will be interviewed at a Committee of the Whole, Special or Regular Council meeting to be held in the Council Chambers. 6.2.1 Each candidate must respond to the same set of questions from Council. AGENDA ITEM #13. a) FILLING COUNCIL VACANCIES p. 4 6.2.2 Candidates’ order of appearance at the interview shall be pre‐determined by lottery. 6.2.3 The Council President may limit the length of each candidate’s interview to 30 minutes. 6.2.4 Upon completion of all interviews, Councilmembers may recess into Executive Session to discuss the qualifications of the candidates. Council may also discuss the candidates’ qualification in open session. 6.3 After completion of the interviews and discussion, the Council President shall call for nominations to fill the vacancy from the slate of candidates interviewed. 6.3.1 Nominations shall be made beginning with the Council President and in order of roll call for the month. 6.3.2 Balloting is done by roll call vote. No secret ballot is permitted. a) Balloting will continue until a nominee receives a majority of four votes. b) At any time during the balloting process, Council may postpone balloting until the next regularly scheduled Council meeting if a majority vote is not reached. 6.3.3 The nominee receiving the majority vote is declared the new Councilmember and shall be sworn in by the City Clerk or other designated official at the next regularly scheduled Council meeting. 6.3.4 If Council does not elect a new Councilmember within 90 days of the acknowledged vacancy an impasse shall be declared. In the case of an impasse, the Council President shall submit a request, which shall include the list of nominees, to the King County Council to fill the vacancy. The King County Council shall have 180 days to fill the vacancy from the date it was officially acknowledged. AGENDA ITEM #13. a) POLICY & PROCEDURE Subject: COUNCIL EMAIL Index: LEGISLATIVE Number: 800‐11 Effective Date: 12/10/2018 Supersedes: 8/6/2007 Page: 1 of 4 Staff Contact: CAO Approved By: Resolution #4363 on 12/10/2018 1.0 PURPOSE: To facilitate email communication between and among Councilmembers, City staff, residents, and others; to establish procedures for retention of email messages in compliance with the Public Records Act, and to assist Councilmembers in complying the Open Public Meetings Act and other applicable laws. 2.0 ORGANIZATIONS AFFECTED: City Councilmembers 3.0 REFERENCES: RCW 40.14 RCW 40.16 RCW 42.30 RCW 42.56 WAC 434.12A Policy & Procedure 800‐04 4.0 POLICY: 4.1 All Councilmembers’ email communications in the City‐hosted email system are public records, and must be maintained, retained, and disposed of in accordance with State law. 4.2 Emails are subject to public records disclosure per RCW 42.56. 4.3 All Councilmembers’ email records generated in the conduct of City business are the property of the City of Renton, regardless of where the records are located. AGENDA ITEM #13. a) COUNCIL EMAIL Pg. 2 4.4 Council email shall be maintained in compliance with the Public Records Act through software applications and policies administered by the City Clerk Division and the Information Technology Division. 4.5 Deletion of any public record, including email that has retention value, may be illegal in the State of Washington and subject to criminal penalties. 4.6 Councilmembers must exercise caution when directly communicating with fellow Councilmembers via email, so as to not unintentionally violate the Open Public Meetings Act. To avoid a violation of the letter or spirit of the law, any interactive email (i.e. email requiring or inviting two‐way communication) between or among a quorum of Councilmembers must be restricted to matters that are not currently or likely to come before Council. A quorum means four Councilmembers. Forwarding of informational materials between or among Councilmembers on a “no comment” or “FYI only” basis is not a violation of the law. Passive receipt of an email is also not a violation of the law. 4.7 Councilmembers who are serving in a quasi‐judicial role (i.e. land use appeals) must not engage in generating or reading substantive emails concerning the matter on appeal. For purposes of this provision, a substantive email is one that relates to a matter before the Council while acting in a quasi‐judicial role and has any information other than the scheduling or procedures of the hearing. Any substantive emails received by a Councilmember must, without review by the Councilmember, be routed to the Council Liaison to then be routed to the City Attorney’s office or to the counsel representing Council if the City Attorney’s office is not representing Council. If the substantive email contains or discusses information that is not within the closed record, the quasi‐judicial body may not consider it. In the even the substantive email contains or discusses information that is both within and without the closed record, only those parts of the email that relate to information within the record may be considered by the judicial body. Other parts must be redacted and not considered. 4.8 See Policy & Procedure 800‐04 regarding the handling of Council correspondence received from residents. 5.0 DEFINITIONS: 5.1 Council Action: “Action” under the Open Public Meetings Act means the transaction of the official business of a public agency by a governing body including, but not limited to, receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. “Final Action” means a collective positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. AGENDA ITEM #13. a) COUNCIL EMAIL Pg. 3 5.2 Electronic Mail (Email) System: A means of creating and sending messages between computers using a computer network or over a modem. 5.3 Email Messages or Communications: Any communication that is broadcast, created, sent, forwarded, replied to, transmitted, stored, held, copied, downloaded, displayed, viewed, read or printed by one or several electronic communications systems or services. This includes the contents of the communication, the transactional information (metadata), and any attachments associated with such communication. 5.4 Public Records: Any “writing” containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any State or local agency regardless of physical form or characteristics. “Writing” as regards public regards, means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. 5.5 Public Records Disclosure: Records requests and related process regulated by RCW 42.56, whereby “each agency… shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of this section or other statute.” 5.6 Quasi‐Judicial Role: A quasi‐judicial role occurs when Councilmembers are performing a function as a member of an appellate body, determining the legal rights, duties or privileges of a party to a hearing or other contested matter, rather than matters affecting the public as a whole. An example is an appeal of a land use ruling. 5.7 Records Management and Retention: The City’s program for records management, is facilitated by the City Clerk Division and is based on Records Management Guidelines and the State records retention schedule issued under the authority of the Washington State Local Records Committee through the office of the Secretary of State, Division of Archives and Records Management in compliance with RCW 40.14. AGENDA ITEM #13. a) COUNCIL EMAIL Pg. 4 5.8 Retention Value: The degree of importance attributed to a document measured by the records retention schedules issued and approved by the Washington State Local Records Committee. 5.9 Transitory Messages: Email messages which are a public record, but have no State mandated retention value and can be deleted when its administrative use has ended. 6.0 PROCEDURES: 6.1 Each Councilmember is responsible for complying with laws and regulations that govern City email communications. Councilmembers are encouraged to send and receive email messages related to City business through the City email system. A copy of each such email message sent and received on other systems should be forwarded to a City account for retention requirements. 6.2 The Council Liaison shall manage and maintain email messages for Council in accordance with the City’s email policy. 6.3 The City Attorney’s Office shall provide current information and advice to the Council President, the Council Liaison, and individual Councilmembers to assist with email compliance when requested. AGENDA ITEM #13. a) Knowing the Territory Basic Legal Guidelines for Washington City, County and Special Purpose District Officials AGENDA ITEM #13. b) Knowing the Territory Copyright © 2017 by the Municipal Research and Services Center of Washington. All rights reserved. Except as permitted under the Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means or stored in a database or retrieval system without the prior writ- ten permission of the publisher; however, governmental entities in the state of Washington are granted permission to reproduce and distribute this publication for official use. MRSC 2601 4th Avenue, Suite 800 Seattle, WA 98121-1280 (206) 625-1300 (800) 933-6772 www.MRSC.org October 2017 Revision History October 2017 • Executive Sessions, page 29 • Agency Duties - Charges for Providing Electronic Records, page 34, RCW 42.56.120(2). AGENDA ITEM #13. b) Contents Basic Powers .................................................................................................................................6 The Separation and Distribution of Governmental Powers .................................................................................6 Nature and Powers Generally ...................................................................................................................................6 The Separation of Powers Doctrine .........................................................................................................................7 Basic Duties, Liabilities and Immunities of Officers ..................................................................9 Duties ...........................................................................................................................................................................9 Liability .........................................................................................................................................................................9 Public Duty Doctrine ...............................................................................................................................................10 Custodians of Public Funds .....................................................................................................................................10 Immunities from Tort Liability ................................................................................................................................11 Potential Conflicts and Ethical Guidelines ...............................................................................12 Prohibited Uses of Public Office ..............................................................................................................................12 Code of Ethics ............................................................................................................................................................12 Statutory Prohibition Against Private Interests in Public Contracts ..................................................................13 Dual Office-Holding ................................................................................................................................................17 Appearance of Fairness Doctrine in Hearings ......................................................................................................18 Prohibited Uses of Public Funds, Property or Credit ...............................................................21 Constitutional Prohibitions .....................................................................................................................................21 Public Facilities Use Forbidden for Political Purposes .........................................................................................23 Competitive Bidding Requirements ..........................................................................................24 Basics ..........................................................................................................................................................................24 Competitive Bid Law Violation Penalties ..............................................................................................................25 Open Public Meetings Act .........................................................................................................26 Basics ..........................................................................................................................................................................26 Open Public Meetings Act Purpose .......................................................................................................................26 Applications ..............................................................................................................................................................27 Key Definitions .........................................................................................................................................................27 Two Kinds of Meetings ............................................................................................................................................28 AGENDA ITEM #13. b) Meeting Place ............................................................................................................................................................28 Meeting Conduct ......................................................................................................................................................29 Executive Sessions ....................................................................................................................................................29 Minutes .......................................................................................................................................................................30 Violations ...................................................................................................................................................................31 Public Records ............................................................................................................................32 Basics ..........................................................................................................................................................................32 Purpose .......................................................................................................................................................................32 Definitions ..................................................................................................................................................................33 Agency Duties ...........................................................................................................................................................33 Records That May Be Withheld ..............................................................................................................................34 Responding to Records Requests ............................................................................................................................35 Violations ....................................................................................................................................................................36 City Attorney, Prosecuting Attorney and Legal Counsel Roles ..............................................37 Conclusion ..................................................................................................................................39 AGENDA ITEM #13. b) Preface This is the thirteenth revised and updated edition of this handbook, which was first published in 1984. This publication has a dual purpose: to serve as a primer for newly elected and appointed officials and to be a convenient general handbook for city, county, and special purpose district officials. We trust that this updated version, reflecting current statutory and case law developments, will continue to be a valuable resource to municipal officials. We are grateful to Paul Sullivan, Legal Consultant, for his contributions to this edition. We are also grateful to Holly Stewart, Desktop Publishing Specialist, who prepared the text for publication. AGENDA ITEM #13. b) 6 Basic Powers | Knowing the Territory Basic Powers The Separation and Distribution of Governmental Powers It is essential for effective local government that municipal officials, especially county commissioners, mayors, councilmembers, city managers, and special purpose district board members or commissioners, understand the roles of their respective offices and their inter-relationships with others. This brief discussion is meant to provide some basic guidelines in order to promote harmony and avoid unnecessary conflicts. Nature and Powers Generally Counties, Cities and Special Purpose Districts Cities and towns are created under our constitution and general laws as municipal corporations. Wash. Const. art. XI, § 10; RCW 35.02.010; McQuillin, Municipal Corporations, § 1.21. (Because their nature and structure are essentially the same, this publication will refer to both cities and towns, generally, as cities.) Counties are also established under the state constitution as political subdivisions of the state. Wash. Const. art. XI, §§ 1, 3. They are considered municipal corporations, or, at least, quasi-municipal corporations. King County v. Tax Commission, 63 Wn.2d 393, 398, 387 P.2d 756 (1963). Special purpose districts are authorized by state legislation and are considered to be municipal corporations.1 As corporate entities, cities, counties and special purpose districts are capable of contracting, suing, and being sued, like private corporations. As municipal corporations, however, their functions are wholly public. They are, in a sense, incorporated agencies of the state, exercising local governmental powers. McQuillin, supra, § 2.8. Counties, cities, and special purpose districts are creatures of the state, exercising only powers delegated to them by the constitution and laws of the state. Under article 11, section 11 of the state constitution, cities and counties possess broad police power to legislate for the safety and welfare of their inhabitants, consistent with general law. (Charter cities incorporated under article 11, section 10 of the state constitution, code cities under Title 35A RCW, and charter counties under article 11, section 4 of the state constitution exercise a broader degree of self-government or home rule than do others.) Additionally, when exercising a proprietary (business) function, such as the operation of electrical or water service, a 1Lauterbach v. Centralia, 49 Wn.2d 550, 554 (1956); King County Water District No. 54 v. King County Boundary Review Board, 87 Wn.2d 536 (1976). 1 AGENDA ITEM #13. b) 7Knowing the Territory | Basic Powers heads the executive branch.2 The municipal court exercises essentially judicial functions; however, its role is more limited than those of state courts. County government, other than in some charter counties, is structured similarly to the city commission plan of government. The board of county commissioners, like the city commission, possesses both legislative and executive powers. Some of the charter counties have established a board of county commissioners or county council with legislative powers only and have created a county executive position that exercises executive powers. City and county – and, to a more limited degree, special purpose district – governmental structure reflects the philosophy now firmly embedded in our society known as the separation of powers doctrine. Under that doctrine, each of the three branches exercises certain defined powers, free from unreasonable interference by the other branches; yet, all branches interact with and upon each other as a part of a check and balance system. In re Juvenile Director, 87 Wn.2d 232, 238-44, 552 P.2d 163 (1976). The separation of powers doctrine is embraced in the philosophy of our founding fathers and has been embodied since in the constitutions of all of the states and of the United States. It is an essential part of our form of government, one which is flexible and adaptable to change. While not a definitive guide to intergovernmental relations, it is a dominant principle in our political system. Doctrine Application The issue in In re Juvenile Director, supra, involved the authority of a board of county commissioners, under its generally expressed legislative power, to establish (and, accordingly, limit) the salaries of superior court personnel, as well as the salaries in other county departments. The supreme court held that the board possessed that authority, and that the superior court had not succeeded in demonstrating (as it must) that the board’s action in this particular 2In cities having the commission form of government, the law appears to combine legislative and executive functions in the same body. However, those functions are actually still divided as the city’s legislative powers are exercised solely by the commission as a body; while each commissioner, in his or her capacity as an execu- tive officer, is also the administrator of a separate city department. RCW 35.17.010. government’s powers are more liberally construed than when exercising a governmental function, such as taxation. Tacoma v. Taxpayers, 108 Wn.2d 679, 693-96, 743 P.2d 793 (1987). All counties, cities, and special purpose districts, however, are subject to limitations imposed expressly or impliedly by state law. Snohomish County v. Anderson, 123 Wn.2d 151, 158-59, 868 P.2d 116 (1994); Massie v. Brown, 84 Wn.2d 490, 492, 527 P.2d 476 (1974). While cities and counties are general purpose municipal corporations and exercise general governmental authority, special purpose districts are created for special purposes and their powers are limited to those areas within their jurisdiction. Officers Regardless of how broad the powers of a municipal corporation may be, its officers have only those powers that are prescribed by law. McQuillin, Municipal Corporations, § 12.173.8; State v. Volkmer, 73 Wn. App. 89, 93, 867 P.2d 678 (1994); Brougham v. Seattle, 194 Wash. 1, 6, 76 P.2d 1013 (1938). For example, the powers of a mayor or city manager are, even in a code city, limited to those powers that are delegated by law to that particular officer. When statutes are unclear as to whether or why the board of county commissioners, city council, special purpose district board member, or the chief executive officer should exercise a particular power or function, resorting to fundamental principles may be helpful. One such principle is embodied in the separation of powers doctrine, described in the next section. The Separation of Powers Doctrine Background Under our political system at both federal and state levels, governmental powers are distributed among three separate branches or departments: legislative, executive, and judicial. In that respect, as in many others, city government is structured like state government. The city council’s role is analogous to that of the legislature in establishing local public policy; the mayor or manager, like the governor, AGENDA ITEM #13. b) 8 Basic Powers | Knowing the Territory disciplining, and dismissing department heads and employees is assigned to the chief executive officer, subject to any applicable civil service provisions, such as chapters 41.08 and 41.12 RCW. However, in some instances, the law may expressly authorize the city council to appoint or approve (confirm) the appointment of a particular officer. For instance, the council appoints and discharges the city manager. RCW 35A.13.010; 35A.13.120; 35.18.010; and 35.18.120. Certain mayoral appointments are or may be made subject to confirmation by the council. See RCW 35.23.021 and 35A.12.090 for other examples of those statutory or optional provisions. On the other hand, a council’s power to confirm an appointment does not include the power to veto a subsequent dismissal of that appointee. The scheme is somewhat different in counties. The various county elected officials (commissioners, prosecutor, assessor, auditor, clerk, treasurer, coroner, and sheriff) have the authority to establish subordinate positions and appoint people to fill those positions; however, this can be done only with the consent of the board of commissioners.3 RCW 36.16.070. The commissioners fix the salaries for those positions. Id. Each elected official (and the commissioners as a body) has executive authority and supervises the day-to-day administration of their departments. The board of county commissioners has no authority with respect to the daily operation of the offices of the other elected county officials. The application of the separation of powers doctrine to special purpose districts is more difficult to generalize, since the operation of special purpose districts is more limited and varied. Unlike what is true for cities and counties, special purpose districts do not have judicial departments. Some districts are sufficiently small that their boards may, by statute or necessity, perform both legislative and executive or administrative functions. On the other hand, in some districts, such as school districts, the board exercises authority over policy matters while the superintendent is in charge of executive or administrative duties. And, as to some districts, governance is through the county legislative body. 3The board of county commissioners may create and fund employee positions in the offices of the other elected county officers, but it may not decide who can be hired to fill those posi- tions. Osborn v. Grant County, 130 Wn.2d 615, 622, 926 P.2d 911 (1996). instance had interfered unreasonably with the court’s essential judicial function. In Washington cities, counties and special purpose districts, the council, board or commission, as the legislative body, establishes local laws and policies, consistent with state law, usually through the enactment of ordinances, orders and resolutions. The council, board or commission also exercises general oversight and control over the jurisdiction’s finances, primarily through the budget process. In cities, it is ordinarily the council’s function to create subordinate positions, prescribe duties, and establish salaries. See, e.g., RCW 35.23.021; 35.27.070; 35A.12.020; and 35A.13.090. However, the appointment of such subordinate officers is usually, if not always, the express prerogative of the executive. See, e.g., RCW 35.23.021; 35.27.070; 35A.12.090; and 35A.13.080. And, although the council has general supervision over the city’s operations, neither that body nor its committees or individual councilmembers should attempt to exercise powers that are assigned by law to the executive branch. In fact, in cities operating under the council-manager form of government, the law expressly forbids councilmembers from interfering in certain administrative matters, although the council may discuss those matters with the city manager in open session. RCW 35.18.110 and 35A.13.120. The executive branch of a city, headed by the mayor (or the manager in those cities having a council- manager form of government), is responsible for the day-to-day administration of city affairs. Generally, the responsibility for employing, The separation of powers doctrine is embraced in the philosophy of our founding fathers and has been embodied since in the constitutions of all of the states and of the United States. AGENDA ITEM #13. b) 9Knowing the Territory | Basic Duties, Liabilities and Immunities of Officers Basic Duties, Liabilities and Immunities of Officers Holding a public office requires the trust of the public. Actions that betray that trust can result in liability, either for the municipality or the officeholder. However, court decisions have carved out exceptions to strict liability, allowing officeholders and government employees to exercise some discretion in their actions without undue fear of incurring personal liability. And local governments are able to defend officials against lawsuits, and indemnify them if an adverse decision is reached in a lawsuit, provided the officials perform their official duties in good faith. Duties Courts have held public office to be synonymous with public trust and that a public officer’s relationship with the public is that of a fiduciary. Northport v. Northport Townsite Co., 27 Wash. 543, 548-50, 68 Pac. 204 (1902). The state legislature expressly recognizes that relationship in various statutes discussed in this work: e.g., chapter 42.23 RCW; and the Open Public Meetings Act, chapter 42.30 RCW. The people themselves, in passing Initiative 276 by a 72 percent popular vote in 1972, likewise declared trust to be the public policy of the State of Washington. For example, RCW 42.17A.001 states in part: (2) That the people have the right to expect from their elected representatives at all levels of government the utmost of integrity, honesty and fairness in their dealings. (3) That the people shall be assured that the private financial dealings of their public officials, and of candidates for those offices, present no conflict of interest between the public trust and private interests. (Emphasis supplied.) Liability Public officers and employees are generally accountable for their actions under civil and criminal laws. See Babcock v. State, 112 Wn.2d 83, 105-06, 768 P.2d 481 (1989). There are additional statutory provisions and case law governing the conduct of public officials, including: state and federal civil rights laws such as 42 U.S.C. § 1983; ethics and conflict of interest laws (chapters 42.20 and 42.23 RCW); penalties for violations 2 AGENDA ITEM #13. b) 10 Basic Duties, Liabilities and Immunities of Officers | Knowing the Territory This new statutory language appears to grant somewhat broader immunity to officials than the supreme court’s language did in previous cases summarized earlier in this section. Public Duty Doctrine Some additional immunity is provided in case law by the “public duty doctrine.” Under that doctrine, when a city, county, or special purpose district’s duty is owed to the public at large (such as for general law enforcement), an individual who is injured by a breach of that duty has no valid claim against the city, county, or district, its officers, or employees. There are certain exceptions; e.g., in cases where a special relationship is created (such as when an officer or employee makes direct assurances to a member of the public under circumstances where the person justifiably relies on those assurances); or when an officer or employee, such as a building official, knows about an inherently dangerous condition, has a duty to correct it, and fails to perform that duty. Taylor v. Stevens County, 111 Wn.2d 159, 171-72,759 P.2d 447 (1988). There are other protections from tort liability, such as insurance and indemnification, which are available to municipal officers and employees, even though the municipality itself may be liable. These other protections will be discussed under a later heading. Custodians of Public Funds Understandably, the law places upon treasurers and other custodians of public funds the strictest of all duties. Case law in Washington and other states holds that custodians of public funds are actually insurers; they and their bonding companies are of the Open Public Meetings Act (chapter 42.30 RCW), or for violations of competitive bid laws (RCW 39.30.020), to name only some of them. Under the common law principle that “The king can do no wrong,” which prevailed in Washington until 1961, the state and its municipalities were themselves immune from civil liability for their negligent acts or omissions (“torts”). Kelso v. Tacoma, 63 Wn.2d 913, 914, 390 P.2d 2 (1964). However, by a series of enactments between 1961 and 1967, the legislature virtually abolished that concept. Section 1, chapter 164, Laws of 1967 (RCW 4.96.010) provides: All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation. Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages. The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory. Case law continued to recognize a narrow ground of immunity for a municipality and its officials from tort actions, but only for what was described as a “discretionary act involving a basic policy determination by an executive level officer which is the product of a considered policy decision” (e.g., a decision by a city council to enact a particular ordinance). Chambers-Castanes v. King County, 100 Wn.2d 275, 282, 669 P.2d 451 (1983). In 1987, the state legislature enacted what is now RCW 4.24.470, providing in part as follows: (1) An appointed or elected official or member of the governing body of a public agency is immune from civil liability for damages for any discretionary decision or failure to make a discretionary decision within his or her official capacity, but liability shall remain on the public agency for the tortious conduct of its officials or members of the governing body. Public officers and employees are generally accountable for their actions under civil and criminal laws. AGENDA ITEM #13. b) 11Knowing the Territory | Basic Duties, Liabilities and Immunities of Officers 1983) such as absolute prosecutorial immunity, e.g., when a city attorney prosecutes a defendant for allegedly violating a city ordinance or when a county prosecutor does so for violation of a state or county law. Tanner v. Federal Way, 100 Wn. App. 1, 997 P.2d 932 (2000). That absolute immunity is limited, however, to when the criminal prosecutor is performing the traditional functions of an advocate. Kalina v. Fletcher, 522 U.S. 118 (1997). However, the municipal corporation itself may be held liable even though those individual officers may be protected. RCW 4.24.470(1) and 4.96.010(1). See also Babcock v. State, 116 Wn.2d 596, 620, 809 P.2d 143 (1991). Cities, counties, and special purpose districts, like the state, have the authority to provide liability insurance to protect their officers and employees from loss due to their acts or omissions in the course of their duties. See RCW 35.21.205; 35.21.209; 36.16.138 and, e.g., as to special purpose districts, RCW 52.12.071; 53.08.205; and 54.16.095. There is an indemnification provision in state law for good faith actions of officers, employees and volunteers while performing their official duties. RCW 4.96.041. This statute provides that when an action or proceeding for damages is brought against any past or present officer, employee, or volunteer of a city, county, or special purpose district, which arises from an act or omission while performing his or her official duties, then such officer, employee, or volunteer may request the city, county, or special purpose district, to authorize the defense of the action at public expense. If the legislative body finds that the actions or omissions were within the scope of his or her official duties, then the request for payment of defense expenses must be granted. In addition, any monetary judgment against the officer, employee, or volunteer shall also be paid. Local governments should adopt local ordinances or resolutions providing terms and conditions for the defense and indemnification of their officials, employees, and volunteers. absolutely liable for any losses of public funds in their custody, except for “acts of God” (floods and similar natural catastrophes), or “acts of a public enemy” (war). State ex rel. O’Connell v. Engen, 60 Wn.2d 52, 55, 371 P.2d 638 (1962). The surety bonds (“official” bonds) that must be posted by those and other officers are to protect the public, not the officer. RCW 42.08.080; Nelson v. Bartell, 4 Wn.2d 174, 185, 103 P.2d 30 (1940).4 For personal protection, insurance may be available for officers and employees who act in good faith. This subject will be discussed in more detail in a later section of this handbook. Immunities from Tort Liability Appointed and elected officials (mayors, councilmembers, commissioners, board members) are immune from civil liability under state law to third parties for making or failing to make a discretionary decision in the course of their official duties. RCW 4.24.470. See also Evangelical United Brethren Church v. State, 67 Wn.2d 246, 255, 407 P.2d 440 (1965). However, be aware that, for other than legislative officials, this immunity is qualified, because damages can be assessed for violation of the Federal Civil Rights Act (42 U.S.C. §1983) if their conduct violates clearly established statutory or constitutional rights of which a reasonable person should have known. Sintra v. Seattle, 119 Wn.2d 1, 25, 829 P.2d 765 (1992). The U.S. Supreme Court has held that local legislators are entitled to absolute immunity from civil liability under 42 U.S.C. § 1983. Bogan v. Scott-Harris, 523 U.S. 44, 1185 S. Ct. 966, 140 L. Ed.2d 79 (1998). Courts have also recognized certain immunities under the Federal Civil Rights Act (42 U.S.C. § 4The law requires the premiums on such official bonds to be paid by the county, city, or other public agency served. RCW 48.28.040. AGENDA ITEM #13. b) 12 Potential Conflicts and Ethical Guidelines | Knowing the Territory Potential Conflicts and Ethical Guidelines Holding the public trust requires maintaining high ethical standards. To help assure the public’s trust, court decisions, state laws and local codes have placed limits on the personal interests and relationships officeholders can have with subjects and actions under their control. Violations can have serious consequences, both to the officeholders and their local jurisdictions. Prohibited Uses of Public Office Our state supreme court, citing principles “as old as the law itself,” has held that a councilmember may not vote on a matter where he or she would be especially benefitted. Smith v. Centralia, 55 Wash. 573, 577, 104 Pac. 797 (1909) (vacation of an abutting street). With some limited exceptions statutory law strictly forbids municipal officials from having personal financial interests in municipal employment or other contracts under their jurisdiction, regardless of whether or not they vote on the matter. Code of Ethics State law, codified at RCW 42.23.070, provides a code of ethics for county, city, and special purpose district officials. The code of ethics has four provisions, as follows: 1. No municipal officer may use his or her position to secure special privileges or exemptions for himself, herself or others; 2. No municipal officer may, directly or indirectly, give or receive any compensation, gift, gratuity, or reward from any source, except the employing municipality, for a matter connected with or related to the officer’s services unless otherwise provided by law; 3. No municipal officer may accept employment or engage in business that the officer might reasonably expect would require him or her to disclose confidential information acquired by reason of his or her official position; 3 AGENDA ITEM #13. b) 13Knowing the Territory | Potential Conflicts and Ethical Guidelines 4. No municipal officer may disclose confidential information gained by reason of the officer’s position, nor may the officer use such information for his or her personal gain. This last provision is particularly significant because it potentially applies to disclosure of information learned by reason of attendance at an executive session. Clearly, executive sessions are meant to be confidential, but the Open Public Meetings Act does not address this issue. Arguably, RCW 42.23.070(4) is applicable to information received in an executive session. See the section of this booklet on Open Public Meetings for more information on executive sessions. Statutory Prohibition Against Private Interests in Public Contracts Basics The principal statutes directly governing the private interests of municipal officers in public contracts are contained in chapter 42.23 RCW, which is entitled “Code of Ethics for Municipal Officers – Contract Interests.” RCW 42.23.030 sets out the general prohibition that: No municipal officer shall be beneficially interested, directly or indirectly, in any contract which may be made by, through, or under the supervision of such officer, in whole or in part, or which may be made for the benefit of his office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein . . . . General Application 1. Chapter 42.23 RCW applies to all municipal and quasi-municipal corporations, including cities, towns, counties, special purpose districts, and others. As to a charter city or county, however, charter provisions are permitted to control in case of conflict, if the charter provisions are more stringent. The standards contained in the chapter are considered to be minimum ones. RCW 42.23.060. 2. Although the chapter refers to “officers,” rather than employees, the word “officers” is broadly defined to include deputies and assistants of such an officer, such as a deputy or assistant clerk, and any others who undertake to perform the duties of an officer. RCW 42.23.020(2). 3. The word “contract” includes employment, sales, purchases, leases, and other financial transactions of a contractual nature. (There are some monetary and other exceptions and qualified exceptions, which will be described in later paragraphs.) 4. The phrase “contracting party” includes any person or firm employed by or doing business with a municipality. RCW 42.23.020(4). Interpretation 1. The beneficial interests in contracts prohibited by RCW 42.23.030 are financial interests only. Barry v. Johns,82 Wn. App. 865, 868, 920 P.2d 222 (1996). 2. The statutory language of RCW 42.23.030, unlike earlier laws, does not prohibit an officer from being interested in any and all contracts with the municipality. However, it does apply to the control or supervision over the making of those contracts (whether actually exercised or not) and to contracts made for the benefit of his or her particular office. In other words, assuming that the clerk or treasurer of a particular city has been given no power of supervision or control over that city’s contracts, he or she would be prohibited from having an interest only in contracts affecting his or her own office, such as the purchasing of supplies or services for that office’s operation. Members of a council, commission, or other governing body are more broadly and directly affected, because the municipality’s contracts Question: Does the statute prohibit a local official from accepting gifts of minimal intrinsic value from someone who does or may seek to do business with his or her office? Answer: Many officials, either because of the broad language of that statute or on principle, refuse to accept even a business lunch under those circumstances. Others regard items of only token or trivial value to be de minimis; i.e., of insufficient amount to cause legal concern. AGENDA ITEM #13. b) 14 Potential Conflicts and Ethical Guidelines | Knowing the Territory winding the chain may be which connects the officer with the forbidden contract, if it can be followed and the connection made, the contract is void. Northport v. Northport Townsite Co., 27 Wash. 543, 549, 68 Pac. 204 (1902). 5. The statute ordinarily prohibits a public officer from hiring his or her spouse as an employee because of the financial interest each spouse possesses in the other’s earnings under Washington community property law. However, a bona fide separate property agreement between the spouses may eliminate such a prohibited conflict if the proper legal requirements for maintaining a separate property agreement are followed. State v. Miller, 32 Wn.2d 149, 157- 58, 201 P.2d 136 (1948). Because of a similar financial relationship, a contract with a minor child or other dependent of the officer may be prohibited. However, chapter 42.23 RCW is not an anti-nepotism law and, absent such a direct or indirect financial interest, does not prohibit employing or contracting with an official’s relatives. A mere emotional or sentimental interest is not the type of interest prohibited by that chapter. Mumma v. Brewster, 174 Wash. 112, 116, 24 P.2d 438 (1933). As indicated in earlier paragraphs, individual local jurisdictions commonly adopt supplementary codes of ethics. A question often arises when the spouse of a local government employee or contractor is elected or appointed to an office of that local government that has authority over the spouse’s employment or other contract: are made, as a general rule, by or under the supervision of that body, in whole or in part. It does not matter whether or not the member of the governing body voted on the contract in which he or she had a financial interest; the prohibition still applies. City of Raymond v. Runyon , 93 Wn. App. 127, 137, 967 P.2d 19 (1998). The employment and other contracting powers of executive officials, such as city managers, mayors, and county or other elected officials, also are generally covered by the broad provisions of the act. 3. Subject to certain “remote interest” exceptions, explained later in this section, a member of a governing body who has a forbidden interest may not escape liability simply by abstaining or taking no part in the governing body’s action in making or approving the contract. See AGO 53- 55 No. 317. 4. Both direct and indirect financial interests are prohibited, and the law also prohibits an officer from receiving financial benefits from anyone else having a contract with the municipality, if the benefits are in any way connected with the contract. In an early case involving a similar statute, where a mayor had subcontracted with a prospective prime contractor to provide certain materials, the state supreme court struck down the entire contract with the following eloquent expression of its disapproval: Long experience has taught lawmakers and courts the innumerable and insidious evasions of this salutary principle that can be made, and therefore the statute denounces such a contract if a city officer shall be interested not only directly, but indirectly. However devious and Question: May a local official permit an individual or company to pay his or her expenses for travel to view a site or plant in connection with business related to the official’s office? Answer: The statute can be construed to prevent an official from being “compensated” in that manner. On the other hand, payment of expenses for a business trip arguably does not constitute compensation. Prudence suggests that if the trip is determined to be meritorious (and assuming that there is no potential violation of the appearance of fairness doctrine, described in a later chapter), the city, county, or district itself should pay the expenses and any payment or reimbursement from a private source should be made to the jurisdiction. Question: May a city, county or special purpose district official accept a valuable gift from a foreign dignitary in connection with a visit? Answer: A common policy is to allow the acceptance of such a gift on behalf of the jurisdiction, but not for personal use. Arguably, under the wording of RCW 42.23.070(2), a jurisdiction may adopt a formal policy by local “law” governing such occasions, allowing exceptions in appropriate cases involving essentially personal items, subject to disclosure and other procedures to guard against abuse. AGENDA ITEM #13. b) 15Knowing the Territory | Potential Conflicts and Ethical Guidelines 5. Other contracts in cities with a population of less than 10,000 and in counties with a population of less than 125,000, except for contracts for legal services, other than for the reimbursement of expenditures, and except sales or leases by the municipality as seller or lessor,5 provided: That the total amount received under the contract or contracts by the municipal officer or the municipal officer’s business does not exceed $1,500 in any calendar month. However, in a second class city, town, noncharter code city, or for a member of any county fair board in a county which has not established a county purchasing department, the amount received by the officer or the officer’s business may exceed $1,500 in any calendar month but must not exceed $18,000 in any calendar year. The exception does not apply to contracts with cities having a population of 10,000 or more or with counties having a population of 125,000 or more. This exemption, if available, is allowed with the following condition: A municipal officer may not vote in the authorization, approval, or ratification of a contract in which he or she is beneficially interested even though one of the exemptions allowing the awarding of such a contract applies. The interest of the municipal officer must be disclosed to the governing body of the municipality and noted in the official minutes or similar records of the municipality before the formation of the contract. It is important to note that the language of this section is so structured that the statute cannot be evaded by making a contract or contracts for larger amounts than permitted in a particular period and then spreading the payments over future periods. 6. In a rural public hospital district (see RCW 70.44.460) the total amount of a contract or contracts authorized may exceed $1,500 in any calendar month, but shall not exceed 5From the legal phrase de minimis non curat lex (the law does not concern itself with trifles). Question: Must the existing employment or contract be terminated immediately? Answer: The answer to the question is, ordinarily, “no’; however, any subsequent renewal or modification of the employment or other contract probably would be prohibited. For example, in a letter opinion by the attorney general to the state auditor, the question involved the marriage of a county commissioner to the secretary of another official of the same county. If the employment had occurred after the marriage, the statute would have applied because of the community property interest of each spouse in the other’s earnings. The author concluded that the statute was not violated in that instance because the contract (employment) pre-existed and could not have been made “by, through, or under the supervision of” the county commissioner or for the benefit of his office. However, the letter warned, the problem would arise when the contract first came up for renewal or amendment. That might be deemed to occur, for instance, when the municipality adopts its next budget. Or, in a case where the spouse is an employee who serves “at the pleasure of” the official in question, the employment might be regarded as renewable at the beginning of the next monthly or other pay period after the official takes office. Attorney General’s letter to the State Auditor, dated June 8, 1970. Exceptions RCW 42.23.030 exempts certain types of contracts, such as: 1. The furnishing of electrical, water, or other utility services by a municipality to its officials, at the same rate and on the same terms as are available to the public generally. 2. The designation of public depositaries for municipal funds. Conversely, this does not permit an official to be a director or officer of a financial institution which contracts with the city or county for more than mere “depository” services. 3. The publication of legal notices required by law to be published by a municipality, upon competitive bidding or at rates not higher than prescribed by law for members of the general public. 4. Except in cities with a population of over 1,500, counties with a population of 125,000 or more, irrigation district encompassing more than 50,000 acres, or in a first-class school district; the employment of any person for unskilled day labor at wages not exceeding $200 in any calendar month. AGENDA ITEM #13. b) 16 Potential Conflicts and Ethical Guidelines | Knowing the Territory 1. The interest of a nonsalaried officer of a nonprofit corporation. 2. The interest of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salaries (i.e., without commissions or bonuses). For example, a councilmember may be employed by a contractor with whom the city does business for more than the amounts allowed under RCW 42.23.030(6) (if they apply), but not if any part of his or her compensation includes a commission or year- end bonus. 3. That of a landlord or tenant of a contracting party; e.g., a county commissioner who rents an apartment from a contractor who bids on a county contract. 4. That of a holder of less than one percent of the shares of a corporation or cooperative which is a contracting party. The conditions for the exemption in those cases of “remote interest” are as follows: 1. The officer must fully disclose the nature and extent of the interest, and it must be noted in the official minutes or similar records before the contract is made. 2. The contract must be authorized, approved, or ratified after that disclosure and recording. 3. The authorization, approval, or ratification must be made in good faith. 4. Where the votes of a certain number of officers are required to transact business, that number must be met without counting the vote of the member who has a remote interest. 5. The officer having the remote interest must not influence or attempt to influence any other officer to enter into the contract. It is accordingly recommended that the officer with a remote interest should not participate, or even appear to participate, in any manner in the governing body’s action on the contract. Penalties 1. A public officer who violates chapter 42.23 RCW may be held liable for a $500 civil penalty $24,000 in any calendar year, with the maximum calendar year limit subject to additional increases determined according to annual changes in the consumer price index (CPI).6 7. The leasing by a port district as lessor of port district property to a municipal officer or to a contracting party in which a municipal officer may be beneficially interested, if in addition to all other legal requirements, a board of three disinterested appraisers and the superior court in the county where the property is situated finds that all terms and conditions of such lease are fair to the port district and are in the public interest. 8. Other exceptions apply to the letting of contracts for: school bus drivers in a second class school district; substitute teachers or substitute educational aid in a second-class school district; substitute teachers, if the contracting party is the spouse of an officer in a school district; certificated or classified employees of a school district, if the contract is with the spouse of a school district officer and the employee is already under contract (except, in second class districts, the spouse need not already be under contract).7 9. Under certain defined circumstances, any employment contract with the spouse of a public hospital district commissioner.8 If an exception applies to a particular contract, the municipal officer may not vote for its authorization, approval, or ratification and the interest of the municipal officer must be disclosed to the governing body and noted in the official minutes or other similar records before the contract is formed. Qualified Exceptions RCW 42.23.040 permits a municipal officer to have certain limited interests in municipal contracts, under certain circumstances. Those types of interest are as follows: 6The statute allows no exception, based on value or other- wise, for a sale or lease by the city or county to an official under whom the contract would be made or supervised. 7See RCW 42.23.030(6)(c)(ii). 8RCW 42.23.030(8)-(11). AGENDA ITEM #13. b) 17Knowing the Territory | Potential Conflicts and Ethical Guidelines 4. The duties must be performed independently and without control of a superior power, other than the law, unless they be those of an inferior or subordinate office created or authorized by the legislature and by it placed under the general control of a superior officer or body; and 5. It must have some permanency and continuity and not be only temporary or occasional. As the cases also point out, usually a public officer is required to execute and file an official oath and bond. Statutory Provisions There is no single statutory provision governing dual office-holding. In fact, 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. For example, see RCW 35.23.142, 35A.12.020, and 35.27.180, which expressly permit the offices of clerk and treasurer to be combined in certain cases. On the other hand, RCW 35A.12.030 and 35A.13.020 prohibit a mayor or councilmember in a code city from holding any other public office or employment within the city’s government “except as permitted under the provisions of chapter 42.23 RCW.” A statute expressly permits city councilmembers to hold the position of volunteer fire fighter (but not chief), volunteer ambulance personnel, or reserve law enforcement officer, or two or more of such positions, but only if authorized by a resolution adopted by a two-thirds vote of the full city council. RCW 35.21.770 and RCW 35A.11.110; see also RCW 35.21.772 which allows volunteer members of a fire department, except a fire chief, to be candidates for elective office and be elected or appointed to office while remaining a fire department volunteer. In addition, RCW 35A.13.060 expressly authorizes a city manager to serve two or more cities in that capacity at the same time, but it 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. “in addition to such other civil or criminal liability or penalty as may otherwise be imposed.” 2. The contract is void, and the jurisdiction may avoid payment under the contract, even though it may have been fully performed by another party. 3. The officer may have to forfeit his or her office. Dual Office-Holding Basics The election or appointment of a person to public office, unlike “public employment,” is not considered to be a “contract” within the meaning of chapter 42.23 RCW and similar statutes. McQuillin, Municipal Corporations, § 12.59; see also Powerhouse Engineers v. State, 89 Wn.2d 177, 184, 570 P.2d 1042 (1977). Under case law, however, it is unlawful for a public officer to appoint himself or herself to another public office unless clearly authorized by statute to do so. See McQuillin, Municipal Corporations, § 12.123.9 There are also statutory provisions and case law governing the holding of multiple offices by the same person. To apply those general principles, it is necessary to know the distinction between a public “office” and “employment.” See, for a detailed analysis, McQuillin, Municipal Corporations, § 12.59. In State ex rel. Brown v. Blew, 20 Wn.2d 47, 51, 145 P.2d 554 (1944), the Washington State Supreme Court, quoting from another source, held the following five elements to be indispensable in order to make a public employment a “public office”: 1. It must be created by the constitution or by the legislature or created by a municipality or other body through authority conferred by the legislature; 2. It must possess a delegation of a portion of the sovereign power of government to be exercised for the benefit of the public; 3. The powers conferred and the duties to be discharged must be defined, directly or impliedly, by the legislature or through legislative authority; 9As an exception to this general rule, however, a council- member may vote for himself or herself for appointment to a position, such as mayor pro tem, which must be filled from the membership of the council. See Gayder v. Spiotta, 206 N. J. Super. 556, 503 A.2d 348, 351-52 (1985). AGENDA ITEM #13. b) 18 Potential Conflicts and Ethical Guidelines | Knowing the Territory marshal and councilmember, to mention only a few. McQuillin, Municipal Corporations, § 12.114. Prohibition Against Pay Increases As a means of preventing the use of public office for self-enrichment, the state constitution (article 11, section 8) initially prohibited any changes in the pay applicable to an office having a fixed term, either after the election of that official or during his or her term. However, by Amendment 54 (article 30), adopted in 1967, and an amendment to article 11, section 8 (Amendment 57) in 1972, the rule was modified to permit pay increases for officials who do not fix their own compensation. More recently, the ability to receive mid-term compensation increases was expanded to include councilmembers and commissioners, provided a local salary commission is established and the commission sets compensation at a higher level. See RCW 35.21.015 and 36.22.024. Otherwise, members of governing bodies who set their own compensation still cannot, during the terms for which they are elected, receive any pay increase enacted by that body either after their election or during that term. The prohibition is not considered to apply, however, to a mayor’s compensation, unless the mayor actually casts the tie-breaking vote on the question. Mid- term or post-election decreases in compensation for elective officers are entirely forbidden by article 11, section 8 of the constitution. The term “compensation,” as used in that constitutional prohibition, includes salaries and other forms of “pay,” but does not include rates of reimbursement for travel and subsistence expenses incurred on behalf of the municipality. State ex rel. Jaspers v. West, 13 Wn.2d 514, 519, 125 P.2d 694 (1942); see also State ex rel. Todd v. Yelle, 7 Wn.2d 443, 461, 110 P.2d 162 (1941). The cost of hospitalization and medical aid policies or plans is not considered additional compensation to elected officials. RCW 41.04.190. Appearance of Fairness Doctrine in Hearings Until 1969, Washington law dealing with conflicts of interest generally applied only to financial interests, as opposed to emotional, sentimental, or other biases. The “appearance of fairness doctrine,” however, which governs the conduct Incompatible Offices In the absence of a statute on the subject, the same person may hold two or more public offices unless those offices are incompatible. A particular body of judicial decisions (case law “doctrine”) prohibits an individual from simultaneously holding two offices that are “incompatible.” Although the Washington State Supreme Court has never had the occasion to apply the doctrine in a situation actually involving two “offices,” the court in Kennett v. Levine, 50 Wn.2d 212, 310 P.2d 244 (1957) cited the doctrine approvingly and applied it in a different context. The court explained in its opinion: Offices are incompatible when the nature and duties of the offices are such as to render it improper, from considerations of public policy, for one person to retain both. The question is whether the functions of the two are inherently inconsistent or repugnant, or whether the occupancy of both offices is detrimental to the public interest. (Citations omitted.) Kennett v. Levine, supra, at 216-217. Other authorities point out that the question is not simply whether there is a physical impossibility of discharging the duties of both offices at the same time, but whether or not the functions of the two offices are inconsistent, as where one is subordinate to the other, or where a contrariety and antagonism would result in the attempt by one person to faithfully and impartially discharge the duties of both. Incompatibility may arise where the holder cannot in every instance discharge the duties of both offices. McQuillin, Municipal Corporations, § 12.112. Applying those tests, the Washington State Attorney General’s Office has found various offices to be incompatible with each other, such as mayor and county commissioner (AGO 57-58 No. 90), county engineer and city engineer (letter to the Prosecuting Attorney of Douglas County, July 16, 1938), mayor and port commissioner (AGO 1978 No. 12), commissioner of a fire protection district and the district’s civil service commission (AGO 1968 No. 16), and others. Courts in other jurisdictions have held incompatible the positions of mayor and councilmember, mayor and city manager, city AGENDA ITEM #13. b) 19Knowing the Territory | Potential Conflicts and Ethical Guidelines actions of the legislative body, planning commission, hearing examiner, zoning adjuster, board of adjustment, or boards which determine the legal rights, duties, or privileges of specific parties in a hearing or other contested case proceeding. RCW 42.36.010. 2. The doctrine does not apply to local “legislative actions” adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide significance. RCW 42.36.010. 3. Candidates for public office may express their opinions about pending or proposed quasi- judicial actions while campaigning (but see paragraph 9 below), without being disqualified from participating in deciding those matters if they are later elected; 4. Acceptance of campaign contributions by candidates who comply with the public disclosure and ethics laws will not later be a violation of the appearance of fairness doctrine. Snohomish County Improvement Alliance v. Snohomish County, 61 Wn. App. 64, 73-74, 808 P.2d 781 (1991) (but see paragraph 9 below); 5. During the pendency of any quasi-judicial proceeding, no member of a decision-making body may engage in ex parte (outside the hearing) communications with proponents or opponents about a proposal involved in the pending proceeding, unless that member: a. Places on the record the substance of such oral or written communications; and b. Provides that a public announcement of the content of the communication and of the parties’ rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on that subject. This does not prohibit correspondence of certain hearings, covers broader ground. That doctrine was first applied in this state in 1969. In two cases decided in that year, the Washington State Supreme Court concluded that, when boards of county commissioners, city councils, planning commissions, civil service commissions, and similar bodies are required to hold hearings that affect individual or property rights (“quasi-judicial” proceedings), they should be governed by the same strict fairness rules that apply to cases in court. See Smith v. Skagit County, 75 Wn.2d 715, 453 P.2d 832 (1969); State ex rel. Beam v. Fulwiler, 76 Wn.2d 313, 456 P.2d 322 (1969). Basically, the rule requires that for justice to be done in such cases, the hearings must not only be fair, they must also be free from even the appearance of unfairness. The cases usually involve zoning matters, but the doctrine has been applied to civil service and other hearings as well. For additional information on this doctrine, see the MRSC publication entitled The Appearance of Fairness Doctrine in Washington State, Report No. 32 Revised, April 2011. Also, there is a listing of appellate court decisions showing the history of the appearance of fairness doctrine in the Appendix to this publication. As the listing also indicates, the appearance of fairness doctrine has been used to invalidate proceedings for a variety of reasons; for example, if a member of the hearing tribunal has a personal interest of any kind in the matter or takes evidence improperly outside the hearing (ex parte). In those cases, that member is required to completely disassociate him or herself from the case, or the entire proceeding can be overturned in court. In 1982, the legislature reacted to the proliferation of appearance of fairness cases involving land use hearings by enacting what is now chapter 42.36 RCW. This RCW chapter defines and codifies the appearance of fairness doctrine, insofar as it applies to local land use decisions.10 In substance, those statutes now provide that in land use hearings: 1. The appearance of fairness doctrine applies only to “quasi-judicial” actions of local decision-making bodies. “Quasi-judicial” actions are defined as: 10However, in Bunko v. Puyallup Civil Service Commission, 95 Wn. App. 495, 975 P.2d 1055 (1999), the state court of appeals applied the statutory doctrine to the proceedings of a civil service commission. AGENDA ITEM #13. b) 20 Potential Conflicts and Ethical Guidelines | Knowing the Territory 8. A challenged official may participate and vote in proceedings if his or her absence would cause a lack of a quorum, or would result in failure to obtain a majority vote as required by law, provided a challenged official publicly discloses the basis for disqualification prior to rendering a decision; and 9. The appearance of fairness doctrine can be used to challenge land use decisions where a violation of an individual’s right to a fair hearing is demonstrated. For instance, certain conduct otherwise permitted by these statutes may nevertheless be challenged if it would actually result in an unfair hearing (e.g., where campaign statements reflect an attitude or bias that continues after a candidate’s election and into the hearing process). RCW 42.36.110. Unfair hearings may also violate the constitutional “due process of law” rights of individuals. State ex rel. Beam v. Fulwiler, 76 Wn.2d 313, 321-22, 456 P.2d 322 (1969) (cited in Appendix). Questions of this nature may still have to be resolved on a case-by-case basis. between a citizen and his or her elected official if the correspondence is made a part of the record (when it pertains to the subject matter of a quasi-judicial proceeding). 6. Participation by a member of a decision-making body in earlier proceedings that result in an advisory recommendation to a decision-making body does not disqualify that person from participating in any subsequent quasi-judicial proceedings (but see paragraph 9 below); 7. Anyone seeking to disqualify a member of a decision-making body from participating in a decision on the basis of a violation of the appearance of fairness doctrine must raise the challenge as soon as the basis for disqualification is made known or reasonably should have been known prior to the issuance of the decision; upon failing to do so, the doctrine may not be relied on to invalidate the decision; AGENDA ITEM #13. b) 21Knowing the Territory | Prohibited Uses of Public Funds, Property or Credit Prohibited Uses of Public Funds, Property or Credit To help safeguard the public treasury, the state constitution limits the use of public monies, prohibiting gifts and the lending of credit. State laws prohibit the use of public office facilities for the support or opposition of ballot measures and the political campaigns of those who seek elected office. Constitutional Prohibitions Basics Article 7, section 1 (Amendment 14) of the Washington State Constitution requires that taxes and other public funds be spent only for public purposes. See also State ex rel. Collier v. Yelle, 9 Wn.2d 317, 324-26, 115 P.2d 373 (1941); AGO 1988 No. 21. Article 11, section 15 further provides as follows: The making of profit out of county, city, town, or other public money, or using the same for any purpose not authorized by law, by any officer having the possession or control thereof, shall be a felony, and shall be prosecuted and punished as prescribed by law. Suits or prosecutions involving violations of that policy are ordinarily brought under specific civil or criminal statutes. Prohibition Against Gifts or Lending of Credit On the other hand, article 8, section 7 of the state constitution has been the direct basis of several lawsuits against local governmental entities. That provision is as follows: No county, city, town or other municipal corporation shall hereafter give any money, or property, or loan its money, or credit to or in aid of any individual, association, company or corporation, except for the necessary support of the poor and infirm, or become directly or indirectly the owner of any stock in or bonds of any association, company or corporation. 4 AGENDA ITEM #13. b) 22 Prohibited Uses of Public Funds, Property or Credit | Knowing the Territory Our supreme court also has found that some expenditures for economic development are made for a public purpose. See Anderson v. O’Brien, 84 Wn.2d 64, 70, 524 P.2d 379 (1974). Accordingly, our state legislature has declared certain economic development programs to be a “public purpose.” See chapter 43.160 RCW. However, the characterization of a program as a “public purpose” may not justify a gift or loan of credit to a private entity for that purpose, except in aid of the poor or infirm. As a measure of “aid to the poor,” the legislature has authorized cities and counties to assist in low income housing by loans or grants to owners or developers of such housing. See RCW 35.21.685; RCW 36.32.415; see also RCW 84.38.070 (all municipal corporations to provide their utility services at reduced rates for low income senior citizens). In Tacoma v. Taxpayers, 108 Wn.2d 679, 743 P.2d 793 (1987), the Washington State Supreme Court also upheld, on statutory grounds, a Tacoma ordinance authorizing Tacoma’s electric utility to finance energy conservation measures in private buildings. The ordinance was also held constitutional even though it did not fall within the authorization of article 8, section 10, discussed earlier. The court accepted the cities’ arguments (several cities joined as intervenors in the case) that the installation of conservation measures involved a repurchase of electric energy by the city and was not an unconstitutional gift to the private owner. Tacoma v. Taxpayers, 108 Wn.2d 679 at 703-05. Often in cases where a loan or where a grant to a private organization may be prohibited, an appropriate contract can often accomplish the desired outcome by which the private organization provides the services in question as an agent or contractor for the county, city or district. For instance, a city, having authority to provide recreational programs for its residents, may do so by contracting with a youth agency or senior Local governments are often asked to use their funds, property, or borrowing power (credit) to subsidize or assist endeavors by individuals or private organizations, such as the construction or operation of recreational facilities, economic development, or tourist promotion, and other civic or charitable works. However, the Washington State Supreme Court has long held that no matter how public the purpose may be, it may not be accomplished by public gifts or loans to private persons or organizations except certain aid to the poor or infirm.11 Johns v. Wadsworth, 80 Wash. 352, 354-55, 141 Pac. 892 (1914) (the legislature may not authorize the use of public funds to aid a private fair); Lassila v. Wenatchee, 89 Wn.2d 804, 812-13, 576 P.2d 54 (1978) (a city may not buy a building for resale to a private movie theater operator). In recent years, by constitutional amendment or judicial decision, municipalities have been authorized to engage in several programs that previously were held or thought to be unconstitutional under article 8, section 7. For example, by several elections in 1979, 1988, and 1989, the electorate approved and added section 10 to article 8 of the Washington Constitution, permitting counties, cities, towns, and similar operators of municipal electric and water utilities, as authorized by the legislature, to use their operating revenues from the sale of energy or water to assist homeowners in financing conservation measures on a charge-back basis. In 1981, the people adopted a constitutional amendment authorizing the legislature to permit the state, counties, cities, towns, and port districts, and public corporations established thereby, to issue non-recourse revenue obligations (not funded or secured by taxes or state or municipal credit) to finance industrial development projects. Wash. Const. art. 32, § 1. Other programs utilizing non-recourse revenue bond funding may be authorized by the legislature without violating the constitution. However, municipal corporations (including “home rule” cities and counties) may need such express statutory authorization to do so (see attorney general’s advisory memorandum to the state auditor dated March 10, 1989). 11Although the language in the constitution reads “poor and infirm” (emphasis added), the courts have held that this should be interpreted in the disjunctive (“poor or infirm”). Health Care Facilities v. Ray, 93 Wn.2d 108, 115-16, 605 P.2d 1260 (1980). Public gifts or loans to private persons or organizations are not permitted except certain aid to the poor or infirm. AGENDA ITEM #13. b) 23Knowing the Territory | Prohibited Uses of Public Funds, Property or Credit citizens’ organization to operate recreational programs for those groups, under appropriate city supervision. The contract should be carefully drawn, however, so that the program or project remains the city’s own operation and is not an unlawfully broad delegation of city authority, or grant of city funds, to a private agency. Payments should be made pursuant to vouchers reflecting the satisfactory performance of services, as provided in chapter 42.24 RCW. Public Facilities Use Forbidden for Political Purposes There is a special statutory provision, somewhat similar to the constitutional prohibitions just discussed, which forbids the use of public facilities for certain political purposes. RCW 42.17A.555, a section of the open government law, provides as follows: No elective official nor any employee of his office nor any person appointed to or employed by any public office or agency may use or authorize the use of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition.12 Facilities of public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency: Provided, That the foregoing provisions of this section shall not apply to the following activities: (1) Action taken at an open public meeting by members of an elected 12The facilities of a public office may be made available on a non-discriminatory, equal access basis, for political uses. WAC 390-05-271(2)(a). legislative body to express a collective decision or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; (2) A statement by an elective official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry;13 (3) Activities which are a part of the normal and regular conduct of the office or agency.14 Elected municipal officers are prohibited from speaking or appearing in a public service announcement that will be broadcast, shown, or distributed in any form during the period beginning January 1st and continuing through the general election, if that official or officer is a candidate. RCW 42.17A.575. 13A city, county, or special district may, however, make “an objective and fair presentation of facts relevant to a ballot proposi- tion,” if such an action is part of the normal and regular conduct of the agency. WAC 390-05-271(2)(b). 14The term “normal and regular conduct” is defined by regulation. See WAC 390-05-273 (conduct which is (1) lawful, i.e., specifically authorized, either expressly or by necessary implication, in an appropriate enactment, and (2) usual, i.e., not effected or authorized in or by some extraordinary means or manner.). AGENDA ITEM #13. b) 24 Competitive Bidding Requirements | Knowing the Territory Competitive Bidding Requirements To help assure fairness in the award of public contracts and to achieve lower prices for the goods and services the local government requires, the state has adopted procedures that must be followed for the construction of public works and the purchase of supplies, materials, and equipment and for the acquisition of some services. The procedural requirements for municipal purchasing and public works projects are extensive and varied; consequently they are treated separately and in depth in other publications. See, e.g., City Bidding Book – Washington State, MRSC, June 2015 and County Bidding Book – Washington State, MRSC, May 2014. The following discussion is to acquaint readers generally with those requirements and the penalties for intentionally not following them. Basics Even when it is not legally required, the submission of municipal purchases and contracts to competitive bidding is generally favored in order to secure the best bargain for the public and to discourage favoritism, collusion, and fraud. Edwards v. Renton, 67 Wn.2d 598, 602, 409 P.2d 153 (1965). Accordingly, requirements in statutes, charter provisions, and ordinances to that effect are liberally construed in favor of bidding, and exceptions are narrowly construed. See Gostovich v. West Richland, 75 Wn.2d 583, 587, 452 P.2d 737 (1969). In this state, most major purchases and public works projects by local governments are subject to statutory competitive bidding requirements. See, e.g., as to purchases and public works by second class cities, towns, and code cities, RCW 35.23.352 and RCW 35A.40.210; as to purchases and public works by counties, see RCW 36.32.235-.270. A county’s or a city’s charter or ordinances may provide additional bidding requirements. Other statutes set out the bid requirements for special purpose districts. See, e.g., RCW 54.04.070 and .082 for public utility districts; RCW 70.44.140 for public hospital districts; RCW 28A.335.190 for school districts; RCW 53.08.120 for port districts.15 In cases where competitive bidding is not required, the law still may necessitate notice or other less stringent procedures. See, e.g., chapter 39.04 RCW and also, in connection with the procurement of architectural and engineering services, chapter 39.80 RCW. 15See, also RCW 52.14.110 for fire protection districts; and RCW 57.08.050 for water-sewer districts. 5 AGENDA ITEM #13. b) 25Knowing the Territory | Competitive Bidding Requirements Competitive Bid Law Violation Penalties RCW 39.30.020 provides as follows: In addition to any other remedies or penalties contained in any law, municipal charter, ordinance, resolution or other enactment, any municipal officer by or through or under whose supervision, in whole or in part, any contract is made in wilful and intentional violation of any law, municipal charter, ordinance, resolution or other enactment requiring competitive bidding upon such contract shall be held liable to a civil penalty of not less than $300 and may be held liable, jointly and severally with any other such municipal officer, for all consequential damages to the municipal corporation. If, as a result of criminal action, the violation is found to have been intentional, the municipal officer shall immediately forfeit his office. For purposes of this section, “municipal officer” shall mean an “officer” or “municipal officer” as those terms are defined in RCW 42.23.020(2). (Emphasis supplied.) AGENDA ITEM #13. b) 26 Open Public Meetings Act | Knowing the Territory Open Public Meetings Act The days of backroom decisions made in smoke-filled rooms are over. Today, the public demands that the decisions reached by their officials occur in meetings open to the public, thus providing an opportunity for those decisions to be scrutinized and for the officials who have made them to be held accountable for their actions. Basics Before 1971, this state had an “open meetings” law which was then codified as chapter 42.32 RCW. It was ineffective, however, because it required only the “final” action of the council, board, or other body to be taken in public (such as the final vote on an ordinance, resolution, motion, or contract). The Open Public Meetings Act of 1971 (now chapter 42.30 RCW) made significant changes. Most importantly, it requires that all meetings of state and municipal governing bodies be open and public, with the exception of courts and the legislature. Furthermore, a “meeting” generally includes any situation in which a majority (a quorum) of the council, board of commissioners, or other “governing body” (including certain kinds of committees) meets and discusses the business of that body. Social gatherings are expressly excepted, unless the body’s business is discussed at the gatherings. What follows is an outline of the 1971 Act, chapter 42.30 RCW. For a more detailed treatment of the Open Public Meetings Act, see the MRSC publication, The Open Public Meetings Act – How it Applies to Washington Cities, Towns, and Counties, Report No. 60 (May 2014).16 Open Public Meetings Act Purpose The declared purpose of the Act is to make all meetings of the governing bodies of public agencies, even informal sessions, open and accessible to the public, with only minor specific exceptions. 1. The legislature intends that public agencies’ actions and deliberations be conducted openly. RCW 42.30.010. 16See also AGO 1971 No. 33, in which the state attorney general answered numerous questions posed by legislators immediately after the Act was passed. 6 AGENDA ITEM #13. b) 27Knowing the Territory | Open Public Meetings Act or takes testimony or public comment.” RCW 42.30.020.19 c. Certain policy groups representing participants who have contracted for the output of an operating agency’s (WPPSS’) generating plant. RCW 42.30.020(1) (d). The Act does not apply to: 1. Courts or the state legislature. RCW 42.30.020(1)(a). 2. Proceedings expressly excluded by RCW 42.30.140, namely: a. Certain licensing and disciplinary proceedings. b. Certain quasi-judicial proceedings that affect only individual rights; e.g., a civil service hearing affecting only the rights of an individual employee, and not the general public. c. Collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement; also, that portion of a meeting held during labor or professional negotiations, or grievance or mediation proceedings, to formulate strategy or to consider proposals submitted. d. Generally, matters governed by the State Administrative Procedure Act (chapter 34.05 RCW). 3. Social gatherings, if no “action” (as defined in RCW 42.30.020(3)) is taken. RCW 42.30.070. Note, however, the ensuing explanation of the term “action.” Key Definitions “Meeting” means meetings at which “action” is taken. RCW 42.30.020(4). “Action” means all transacting of a governing body’s business, including receipt of public testimony, deliberations, discussions, 19A committee “acts on behalf of the governing body” only when it exercises delegated authority, such as fact finding. AGO 1986 No. 16. 2. Meetings must be open and public; all persons must be allowed to attend unless otherwise provided by law. RCW 42.30.030. 3. Ordinances, resolutions, rules, regulations, orders, and directives must be adopted at public meetings; otherwise they are invalid. RCW 42.30.060.17 4. A vote by secret ballot at any meeting that is required to be open is also declared null and void. RCW 42.30.060(2). The act must be liberally construed to accomplish its purpose. RCW 42.30.910. Applications The Act applies to all meetings of, among others: 1. All multi-member governing bodies of state and local agencies, and their subagencies. RCW 42.30.020. a. “Subagency” means a board, commission, or similar entity created by or pursuant to state or local legislation, including planning commissions and others. RCW 42.30.020(1)(c).18 b. “Governing body” includes a committee of a council or other governing body “when the committee acts on behalf of the governing body, conducts hearings, 17Slaughter v. Fire District No. 20, 50 Wn. App. 733, 738, 750 P.2d 656 (1988), rev. denied, 113 Wn.2d 1014 (1989). The court of appeals, in a later case, also held invalid a labor agreement that had been negotiated at meetings that violated the Act. Mason County v. PERC, 54 Wn. App. 36, 40-41, 771 P.2d 1185 (1989). In apparent reaction to that case, however, section 1, chapter 98, Laws of 1990 (RCW 42.30.140(4)) broadened the Act’s exemp- tions to include all collective bargaining sessions and related meet- ings and discussions with employee organizations. 18The term “subagency” does not include a purely advisory body unless it is legally required that its recommendations be considered by the parent body. AGO 1971 No. 33. The days of backroom decisions made in smoke- filled rooms are over. AGENDA ITEM #13. b) 28 Open Public Meetings Act | Knowing the Territory b. Must be delivered personally, by mail, by fax, or by e-mail 24 hours in advance. c. Must be posted on agency's website, if any, so long as agency has at least ten full time employees and has a designated employee or contractor responsible for updating the website. d. May be waived by a member. e. Is not necessary in specified emergencies. See also RCW 42.30.070. Meeting Place 1. As far as the Open Public Meetings Act is concerned, a meeting may be held at any place within or outside the territorial jurisdiction of the body unless otherwise provided in the law under which the agency was formed. RCW 42.30.070.24 However, the meeting place should not be selected so as to effectively exclude members of the public. RCW 42.30.030. 2. The place of a special meeting must be designated in the notice. RCW 42.30.080. 3. In certain emergencies requiring expedited action, the meeting or meetings may be held in such place as is designated by the presiding officer and notice requirements are suspended. RCW 42.30.070 and 42.30.080. 4. An unintended meeting may occur by telephone or e-mail if a quorum of the body discusses a topic of business through an active 24Note that the restrictions on holding city and town council meetings within the corporate limits were removed by the state legislature in 1994. However, all final actions on resolutions and ordinances must take place within the corporate limits of the city. A board of county commissioners or county council must hold its regular meetings at the county seat. RCW 36.32.080. Also, based upon 2015 legislation (chapter 179, Laws of 2015) regular meetings may be held elsewhere in the county, no more than once a quarter, if doing so will increase citizen engagement in gov- ernment. However, it may hold special meetings at some other location in the county “if the agenda item or items are of unique interest or concern to the citizens of the portion of the county in which the special meeting is to be held.” RCW 36.32.090. considerations, reviews, and evaluations, as well as “final” action. RCW 42.30.010; 42.30.020(3). Two Kinds of Meetings Regular Meetings20 1. Definition: A recurring meeting held according to a schedule fixed by statute, ordinance, or other appropriate rule. 2. If the designated time falls on a holiday, the regular meeting is held on the next business day. 3. There is no statutory limitation as to the kind of business that may be transacted at a “regular” (as distinguished from “special”) meeting. The Open Public Meetings Act itself does not require any special notice of a regular meeting. However, later statutory enactments require municipal governing bodies to establish a procedure for notifying the public of all meeting agendas. RCW 35.27.300; 35.23.221; 35.22.288; 35A.12.160.21 Special Meetings22 1. Definition: Any meeting other than “regular.” 2. May be called by the presiding officer or a majority of the members. 3. Must be announced by written notice to all members of the governing body; also to members of the news media who have filed written requests for such notice. The notice of a special meeting: a. Must specify the time and place of the meeting and the business to be transacted.23 20RCW 42.30.060-.075. 21Failure to provide public notice of the preliminary agenda of a city council or board of county commissioners meeting and even of an item which is to be considered at the meeting may, in certain circumstances, invalidate action taken at that meeting. Port of Edmonds v. Fur Breeders, 63 Wn. App. 159, 166-67, 816 P.2d 1268 (1991). The notice given must fairly apprise the public of the action to be taken at the meeting. 22RCW 42.30.080. 23Other business may be discussed but final action may be taken only on matters specified in the notice of the special meeting. AGENDA ITEM #13. b) 29Knowing the Territory | Open Public Meetings Act where the meeting was being (or would have been) held. e. An adjourned regular meeting continues to be a regular meeting for all purposes. Executive Sessions 1. Definition (as commonly understood): That portion of a meeting from which the public may be excluded. 2. Permissible When:26 a. To consider the selection of a site or the ac¬quisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price; b. To consider, if in compliance with any required data security breach disclosure under RCW 19.255.010 and 42.56.590, and with legal counsel available, information regarding the infrastructure and security of computer and telecommunications networks, security and service recovery plans, security risk assessments and security test results to the extent that they identify specific system vulnerabilities, and other information that if made public may increase the risk to the confidentiality, integrity, or availability of agency security or to information technology infrastructure or assets c. To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property must be taken in a meeting open to the public; d. To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs; e. To receive and evaluate complaints or charges brought against a public officer or 26The listing of matters for which a local governing body may meet in executive session includes here only those that such a body would address. There are others identified in the statute (e.g., financial and commercial information supplied by private persons to an export trading company) not identified here. exchange of information and opinions by telephone or e-mail.25 5. Notice must be posted on the agency's website unless the agency does not have a website, has fewer than 10 full-time equivalent employees; or does not employ personnel whose job it is to maintain or update the website. Meeting Conduct 1. All persons must be permitted to attend (RCW 42.30.030) except unruly persons as provided in RCW 42.30.050. 2. Attendance may not be conditioned upon registration or similar requirements. RCW 42.30.040. (The Act does not prohibit a requirement that persons identify themselves prior to testifying at hearings.) 3. In cases of disorderly conduct: a. Disorderly persons may be expelled. b. If expulsion is insufficient to restore order, the meeting place may be cleared and/or relocated. c. Non-offending members of the news media may not be excluded. d. If the meeting is relocated, final action may be taken only on agenda items. RCW 42.30.050. 4. Adjournments/Continuances (RCW 42.30.090-.100): a. Any meeting (including hearings) may be adjourned or continued to a specified time and place. b. Less than a quorum may adjourn. c. The clerk or secretary may adjourn a meeting to a stated time and place, if no members are present, thereafter giving the same written notice as required for a special meeting. d. A copy of the order or notice must be posted immediately on or near the door 25See Battle Ground School District v. Wood, 107 Wn. App. 550, 27 P.3d 1208 (2001). AGENDA ITEM #13. b) 30 Open Public Meetings Act | Knowing the Territory of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. The mere presence of an attorney at a session does not in itself allow the meeting to be held as an executive session.28 3. Conduct of Executive Sessions: a. An executive (closed) session must be part of a regular or special meeting. RCW 42.30.110.29 b. Before convening an executive session, the presiding officer must publicly announce the purpose for excluding the public and the time when the executive session will conclude. The executive session may be extended by announcement of the presiding officer. RCW 42.30.120(2). c. Final adoption of an “ordinance, resolution, rule, regulation, order or directive” must be done in the “open” meeting. RCW 42.30.120. 4. Improper Disclosure of Information Learned in Executive Session: a. It is the clear intent of the provisions relating to executive sessions that information learned in executive session be treated as confidential. However, there is no specific sanction or penalty in the Open Public Meetings Act for disclosure of information learned in executive session. b. A more general provision is provided in RCW 42.23.070 prohibiting disclosure of confidential information learned by reason of the official position of a city officer. This general provision would seem to apply to information that is considered confidential and is obtained in executive sessions. Minutes 28RCW 42.30.110(1)(i). 29There is no prohibition against holding a special meeting solely to consider one or more subjects in executive session, but the subject matter must be identified at least in general terms in the meeting notice; e.g., “to consider a building site,” or “to consider applicants for employment.” RCW 42.30.080. employee. However, upon the request of such officer or employee, a public hearing or meeting open to the public must be conducted upon such complaint or charge; f. To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee.27 However, “[except when certain exempted labor negotiations are involved], discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public . . . .” Furthermore, the final action of hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, must also be taken in an open public meeting; g. To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public; h. To discuss with legal counsel representing the agency matters relating to: agency enforcement actions; or litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. RCW 42.30.110(1). Potential litigation is defined as being matters protected under the attorney-client privilege and as either: specifically threatened; reasonably believed and may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or as litigation or legal risks 27A 1985 amendment (chapter 366, Laws of 1985), together with some contemporaneous circumstances (See AGO 1985 No. 4), raised a question as to whether or not this section continued to allow executive sessions to review applications for appointive public offices that are not also employee positions, or the performance of such appointees, as distinguished from “public employment” or “employees”. However, attorneys for many public agencies, including members of the attorney general’s staff, take the position that the Act continues to allow executive sessions for those purposes. (Memorandum to MRSC’s general counsel from Senior Assistant Attorney General Richard M. Montecucco, dated March 15, 1990.) AGENDA ITEM #13. b) 31Knowing the Territory | Open Public Meetings Act 2. A member of a governing body who knowingly participates in violating the Act is subject to a $500 civil penalty for the first violation and $1,000 for a subsequent one. RCW 42.30.120. 3. Mandamus or injunctive action may be brought to stop or prevent violations. RCW 42.30.130. 4. Any person may sue to recover the penalty or to stop or prevent violations. RCW 42.30.120-.130. 5. A person prevailing against an agency is entitled to be awarded all costs including reasonable attorneys’ fees. However, if the court finds that the action was frivolous and advanced without reasonable cause, it may award to the agency reasonable expenses and attorney fees. RCW 42.30.120(2). 6. A knowing or intentional violation of the Act may provide a legal basis for recall of an elected member of a governing body, although recall is not a penalty under the Act.30 30See In re Recall of Ward, 175 Wn.2d 429 (2012); In re Beas- ley, 128 Wn.2d 419 (1996); In re Roberts, 115 Wn.2d 556 (1990); Estey v. Dempsey, 104 Wn.2d 597 (1985); Teaford v. Howard, 104 Wn.2d 580 (1985); In re Recall Charges Against Davis, 164 Wn.2d 361 (2008). 1. Minutes of regular and special meetings must be promptly recorded and open to public inspection. (The statute does not specify any particular kind of “recording.”) RCW 42.32.030. 2. No minutes are required to be recorded for executive sessions. If minutes are kept for an executive session, be aware that there is no categorical exemption for executive session minutes under the Public Records Act. (The Public Records Act is discussed in the next chapter.) Violations 1. Ordinances, rules, resolutions, regulations, orders, or directives adopted or secret ballots taken, in violation of the Act, are invalid. RCW 42.30.060. Agreements negotiated or adopted in closed meetings held in violation of the act also may be invalid. Mason County v. PERC, 54 Wn. App. 36, 40-41, 771 P.2d 1185 (1989). (But see footnote 19, supra, regarding collective bargaining and related matters.) AGENDA ITEM #13. b) 32 Public Records | Knowing the Territory Public Records The public, through legislation originally adopted by Initiative 276 in 1972, requires that records prepared, owned, used or retained by their government officials and employees be made available for inspection and copying. The rules that have been developed by the courts and through legislative amendments to help gain the required openness are sometimes complex; they balance the public’s need to know with the protection for certain records that an agency can keep confidential for valid reasons specified in state law. Failure to provide records as required by law can be expensive, both monetarily and in the loss of public trust. Basics In addition to a subchapter on public records disclosure which was modeled after the federal “Freedom of Information Act,” Initiative 276 also dealt with the subjects of campaign financing, legislative lobbying (including lobbying by municipal and other governmental agencies), and personal financial disclosure by public officials and candidates. The regulations on campaign finance, legislative lobbying and personal finance disclosure are covered in chapter 42.17A RCW. The Public Disclosure Commission has extensive information available to candidates and public officials on campaign finance, legislative lobbying and personal financial disclosure; this publication will not duplicate that information. The following discussion is intended to supply a basic working knowledge of the “freedom of information” provisions in the Public Records Act (PRA), codified at chapter 42.56.RCW.31 For a more detailed treatment of the public records disclosure law, see the MRSC publication, Public Records Act for Washington Cities, Counties and Special Purpose Districts. Purpose The PRA is “a strongly worded mandate for broad disclosure of public records.” Hearst Corp. v. Hoppe, 90 Wn.2d 123, 127, 580 P.2d 246 (1978). 31Although not discussed here, local officials should have some familiarity with the Criminal Records Privacy Act, chapter 10.97 RCW. This Act provides for the dissemination (or withholding) of criminal history record information. 7 AGENDA ITEM #13. b) 33Knowing the Territory | Public Records RCW 42.56.070. Agencies must rely solely on statutory exemptions for withholding public records and may not withhold records based solely upon the identity of the requestor32. RCW 42.56.070 and 42.56.080. 2. Agencies are required to establish procedures for access to their records. Indexes should be developed and published, unless to do so would be unduly burdensome. RCW 42.56.040 and .070. 3. Agencies must appoint and publicly identify a public records officer whose responsibility is to serve as a point of contact for members of the public in requesting disclosure of public records and to oversee the agency’s compliance with the public records disclosure requirements. The name and contact information of the public records officer shall be publicized in a way reasonably calculated to provide notice to the public, including posting at the local agency’s place of business, posting on its website, or included in its publications. RCW 42.56.580. 4. Records must be made available for public inspection and copying during customary office hours. RCW 42.56.090. 5. Agencies must make their facilities available for copying their records, or make copies upon request; they must also honor requests by mail. They may charge for the copies, but only a “reasonable charge” representing the amount necessary to reimburse the city or town for the actual costs incident to the copying. RCW 42.56.080 and RCW 42.56.120. 32Except, see RCW 42.56.565, which allows an agency to withhold records from prisoners if the agency secures a court injunction, after proving the prisoner has a bad faith intent, such as an intent to harass agency employees. The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. RCW 42.56.030. The PRA is to be “liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected.” RCW 42.56.030. Courts frequently cite these principles in deciding public records cases and it is important to recognize that the principles behind the PRA all favor disclosure of records to the public. Definitions 1. “‘Public record’ includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” RCW 42.56.010(3). 2. “‘Writing’ means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, or symbols or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents, including existing data compilations from which information may be obtained or translated.” RCW 42.56.010(4). Agency Duties 1. Agencies (this term expressly includes all counties, cities, towns, and special purpose districts) shall make all public records available for public inspection and copying unless the record falls within a specific exemption. Failure to provide records as required by law can be expensive, both monetarily and in the loss of public trust. AGENDA ITEM #13. b) 34 Public Records | Knowing the Territory be highly offensive to a reasonable person and (2) is not of legitimate concern to the public. RCW 42.56.050. Mere inconvenience or embarrassment is not sufficient in itself to constitute a violation of privacy. Police Guild v. Liquor Control Board, 112 Wn.2d 30, 38, 769 P.2d 283 (1989). 3. RCW 42.56.210-.480 grant qualified exemptions from public inspection for certain specific types of records. Some of the more important exemptions from the standpoint of a municipality include the following: a. Personal information in files maintained for students in public schools, patients or clients of public institutions or public health agencies, welfare recipients, prisoners, probationers, or parolees. b. Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.33 c. Certain taxpayer information. d. Intelligence and investigative records compiled by investigative, law enforcement and penology agencies. e. Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies (other than the Public Disclosure Commission) if disclosure would be a danger to a person’s life, safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, that desire shall govern. 33Whether information is “personal” depends mainly on whether or not the information pertains to the public’s business versus the individual’s business. AGO 1973 No. 4. In Tacoma Public Library v. Woessner, 90 Wn. App. 205, 951 P.2d 357, rev. denied, 136 Wn.2d 1030 (1998), the court of appeals explained that the determination on whether this exemption applies focuses on whether the requested file contains personal information that is normally maintained for the benefit of employees, disclosure of which would “violate their right to privacy.” For example, records showing salaries, fringe benefits, and numbers of hours worked by named employees are not exempt, but private information such as employee non-public job evaluations, charitable contributions, private addresses, and phone numbers can be withheld to protect privacy. 90 Wn. App. at 218-223. Charges for photocopying must be imposed in accordance with the actual per page cost or other costs established and published by the agency. If the agency has not determined actual per page costs, the agency may not charge in excess of fifteen cents per page. RCW 42.56.120. A 2017 legislative change now allows a city to impose a charge for providing an electronic record. RCW 42.56.120(2). If the requesting person makes a request for a large amount of records, the agency may respond on a partial or installment basis, providing the records as they are assembled or made ready for inspection or disclosure. RCW 42.56.080. If a person requests copies of records, an agency may require the person make a deposit for the cost of the copies, in an amount not to exceed ten percent of the estimated cost. If an agency makes a request available on a partial or installment basis, the agency may charge for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the agency is not obligated to fulfill the balance of the request. RCW 42.56.120. Also, agencies may not charge for staff time in locating records or mere inspections of records. RCW 42.56.100; RCW 42.56.120; see also AGO 1991 No. 6. Records That May Be Withheld 1. RCW 42.56.070(9) forbids public agencies from providing lists of individuals “requested for commercial purposes” unless specifically authorized or directed by law. For example, in a 1975 letter opinion, the attorney general concluded that a request by a business promotional organization for a list of individuals’ names to enable that organization to distribute advertising materials had to be denied. AGLO 1975 No. 38. However, lists of professional licensees and applicants are available to recognized professional associations or educational organizations. 2. There is no general “right of privacy” exemption; rather, a few specific exemptions incorporate privacy as one of the elements of the exemptions. Furthermore, a right of privacy is violated only if disclosure (1) would AGENDA ITEM #13. b) 35Knowing the Territory | Public Records q. Credit and debit card numbers, electronic check numbers, and card expiration dates. These exemptions are qualified, however. If a record contains both exempt and non-exempt information, the agency cannot withhold the entire record. Instead, the agency may redact only that portion of the record that falls within a specific exemption and must release the remainder. Mechling v. Monroe, 152 Wn. App 830, 853, 222 P.3d 808 (2009). Furthermore, when the reason for the exemption ceases, the records may lose their exemptions. For example, records which fall under the deliberative process exemption lose their exempt status once the policies or recommendations set forth in the records have been implemented. West v. Port of Olympia, 146 Wn. App 108, 192 P.3d 926 (2008). Also, real estate appraisals are no longer exempt when the acquisition or sale is abandoned or the property has been acquired or sold. RCW 42.56.260. 4. A law enforcement authority is prohibited from requesting disclosure of records belonging to a municipal utility unless the authority provides a written statement that it suspects the utility customer has committed a crime and the authority has a reasonable belief that the records could determine the truth of the suspicion. RCW 42.56.335. 5. Information on concealed pistol licenses is exempt from disclosure except that such information may be released to law enforcement or corrections agencies. 6. Medical Records – Public inspection and copying of health care information of patients is covered by chapter 70.02 RCW. That chapter generally provides that a health care provider, a person who assists as a health care provider in the delivery of health care, or an agent or employee of a health care provider may not disclose information about a patient to any other person without the patient’s written authorization. RCW 70.02.020. There are some exceptions to this rule, and, although not discussed here, these provisions may become applicable to cities and counties in some situations. See RCW 70.02.050. f. Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination. g. Certain real estate appraisals and documents prepared for the purpose of considering the selection of site or related to the acquisition, sale or lease of property. h. Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss. i. Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record is not exempt when publicly cited by an agency in connection with any agency action. (Referred to as the “deliberative process” exemption.) j. Records that are relevant to a controversy to which the agency is a party but which would not be available to another party under pre-trial court discovery rules. k. Records of archeological sites. l. Certain library information. m. Financial information required in connection with prequalifying bidders on certain state contracts. n. All applications for public employment including names, resumes, and other related information. o. Residential addresses and residential telephone numbers, electronic mail addresses, social security numbers, emergency contact information of employees or volunteers of a public agency held in personnel records and other employment related records or volunteer rosters, or are included in any mailing list of employees or volunteers. p. Residential addresses and telephone numbers of utility customers. AGENDA ITEM #13. b) 36 Public Records | Knowing the Territory Responding to Records Requests Agencies are required to make their records available “promptly” on request. They must, within five business days of the request, either (1) provide the record, (2) provide a link to the specific page on the agency’s website where the records are located (unless the requestor notifies the agency that he or she cannot access records through the internet), (3) acknowledge the request and give an estimate of when the response will be made,34 or (4) deny the request. They must give written reasons for denials of access or copies. There must be procedures for reviewing decisions denying requests. If a request is denied, the review of the denial is considered complete at the end of the second business day following the denial. RCW 42.56.520. Agencies should adopt procedures to protect their records and prevent interference with agency functions. An agency may seek a court order to protect a particular record. RCW 42.56.540. Violations A person whose request for inspection or copying is wrongly denied can sue on his or her own behalf. The lawsuit must be filed within one year of the agency’s claim of exemption or last production of a record. The court may order the record(s) be produced. The successful citizen is then entitled to be reimbursed for all costs of the suit, including a reasonable attorney’s fee, and will be awarded an amount which does not exceed $100 per day for each day the request was denied.35 The burden of proof is generally on the agency to justify its decision on the basis of a specific statutory exemption allowing for non-disclosure.36 34Reasons justifying additional time to respond include time needed to clarify the intent of the request, to locate and assemble information requested, to notify third persons and agencies affect- ed by the request, or to determine whether any of the information is exempt. RCW 42.56.550. A person who believes the estimate of time required to respond is unreasonable may petition the superior court to have the agency justify the response time as reasonable. The burden of proof to show reasonableness is on the agency. RCW 42.56.550(2). 35See Yousoufian v. Office of the King County Executive, 168 Wn.2d 444 (2010). 36RCW 42.56.550. AGENDA ITEM #13. b) 37Knowing the Territory | City Attorney, Prosecuting Attorney and Legal Counsel Roles City Attorney, Prosecuting Attorney and Legal Counsel Roles City attorneys, county prosecuting attorneys, and legal counsel for special purpose districts have similar roles as legal advisors to their respective local governments. Also, such legal positions have duties relating to advising local officials, prosecuting actions on behalf of their jurisdictions, and defending actions against their jurisdictions. Washington State law requires that every city and town in the state have a city or town attorney. In some cities, the attorney will be a full-time, in-house officer of the city. In other cities, the city attorney will maintain a private practice of law but be on retainer to the city to perform the required duties. In either case, the city attorney advises city officials and employees concerning all legal matters pertaining to the business of the city. The city attorney generally is to represent the city in all actions brought by or against the city or against city officials in their official capacity. Of course, other attorneys may be hired to handle specific cases because of the nature of the case or because the city attorney has a conflict or other reason he or she cannot become involved. The city attorney also is to perform such other duties as the city council may by ordinance direct. All counties have an elected prosecuting attorney. Unlike the city attorney, the duties of the prosecuting attorney are extensively set out by statute. See RCW 36.27.020. In addition to having the authority to appoint deputies, the county prosecuting attorney has the authority to contract with “special deputy prosecuting attorneys” for limited and identified purposes. RCW 36.27.040. A county legislative authority may also appoint a “special attorney” “to perform any duty which any prosecuting attorney is authorized or required by law to perform,” but only if the appointment is approved by the presiding superior court judge. RCW 36.32.200. The prosecuting attorney provides legal advice and assistance to some special purpose districts, such as school districts;37 other special purpose districts may have in-house attorneys or hire outside legal counsel for assistance.38 Although there is no specific authority for a city council to hire outside legal counsel separate and apart from the city attorney, the courts have permitted a council to do so in certain circumstances. Normally, 37RCW 36.27.020(2). 38See, e.g. RCW 70.44.060(10) as to public hospital districts. 8 AGENDA ITEM #13. b) 38 City Attorney, Prosecuting Attorney and Legal Counsel Roles | Knowing the Territory involved (council, mayor, commissioners, board, and city manager) and whether there is a conflict between these “clients.”39 It is beyond the scope of this publication to review these issues in detail. For more information, see the Public Law Ethics Primer for Government Lawyers, Washington State Association of Municipal Attorneys (1998), which is available on the MRSC website. There have been a number of articles written on aspects of this subject that have been presented at meetings of the Washington State Association of Municipal Attorneys and the Washington Association of Prosecuting Attorneys in the last several years. Any of these articles may be obtained from MRSC on request. 39The city attorney’s client is actually the city as an entity. Similarly, the county prosecutor’s client is the county as an entity. In both cases, the public attorney’s relationship to the local gov- ernment is similar in a number of respects to that of an attorney who represents a corporation. See Upjohn Co. v. U.S., 449 U.S. 383, 66 L.Ed.2d 584, 101 S. Ct. 677 (1981) for a model of who is the lawyer’s client for purposes of the attorney-client privilege in the corporate context. the city attorney advises all city officials, including councilmembers, and the city council should not hire separate outside council to receive advice on city affairs. In rare cases, the city attorney may have a conflict and not be in a position to advise both the city council and the mayor. In State v. Volkmer, 73 Wn. App. 89, 95 (1994), the court of appeals held: If extraordinary circumstances exist, such that the mayor and/or town council is incapacitated, or the town attorney refuses to act or is incapable of acting or is disqualified from acting, a court may determine that a contract with outside counsel is both appropriate and necessary. See also a discussion of this issue in the case of Tukwila v. Todd, 17 Wn. App. 401, 406-407, 563 P.2d 223 (1977) and McQuillin, Municipal Corporations, § 29.16. Recognize also that there are situations where the city attorney, county prosecutor, or the attorney for a special purpose district will not be in a position to advise all the officials who are or may be involved in a case or hearing. As an obvious example, if the police chief has been terminated by the city and requests a hearing before the civil service commission, the city attorney cannot ethically advise the city administration, the civil service commission, and the police chief. When analyzing a problem, the legal practitioner should always ask if there is more than one “client” AGENDA ITEM #13. b) 39Knowing the Territory | Conclusion Conclusion The purpose of this publication is to help avoid certain trouble areas most frequently encountered by local officials. Although it is meant to be comprehensive, it does not necessarily include all statutes and regulations that possibly may apply. Furthermore, as is indicated at the outset, the law frequently changes with new enactments and interpretations, and even legal interpretations may vary depending upon the facts of a particular case. Do not hesitate to seek information and advice, especially on legal matters. The result may make the difference between success or failure in asserting a claim or defense, particularly when the good faith of the official may be an issue in the lawsuit. We emphasize, in addition, that the legal and other professional staff of the Municipal Research and Services Center are constantly available to serve city attorneys, county prosecutors, attorneys representing special purpose districts, and all other city, county, and district officials and employees in this important work. We are grateful for the continuing interest of public officials in this publication. We hope that these updated guidelines will continue to be a useful source of information and benefit. 9 AGENDA ITEM #13. b) AGENDA ITEM #13. b) Local GovernmentPolicy-Making ProcessAGENDA ITEM #13. b) Local Government Policy-Making Process Copyright © 1999 by the Municipal Research & Services Center of Washington. All rights reserved. Except as permitted under the Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means or stored in a database or retrieval system without the prior written permission of the publisher; however, governmental entities in the state of Washington are granted permission to reproduce and distribute this publication for official use. MRSC 2601 4th Avenue, Suite 800 Seattle, WA 98121-1280 (206) 625-1300 (800) 933-6772 www.MRSC.org October 2017 AGENDA ITEM #13. b) 35()$&( This publication has been written primarily for local officials and staff in the state of Washington. Citizens and representatives of community interest groups who participate in local issues may also find this publication useful. 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 more satisfying and productive. Local policy-making is complex, demanding the very best of local officials. It is worth the effort. The destiny of your community – the fulfillment of its dreams and aspirations – flow out of the exercise of policy-making. The policy-making process weighs and balances public values. Often there is no “right’ choice or correct technical answer to the question at hand. That is why policy-making can be an adversarial process, characterized by the clash of competing and conflicting interests and viewpoints rather than an impartial, disinterested or “objective” search for “correct” solutions for policy problems. Because of these value clashes, the policy-making process can get emotional. However, it does not have to be rancorous. If you are a local official, you will be more effective and productive over the long-term if you respect the viewpoints of others – whether you agree with their position or not. Take time to understand your roles and responsibilities. Legislators, for example, are most effective if they focus on policy issues, not administrative matters. And chief executive officers such as mayors, county executives and city managers are most effective when they recognize and support the policy-making responsibilities of their local councilmembers and commissioners. AGENDA ITEM #13. b) AGENDA ITEM #13. b) 7$%/(2)&217(176 What Is Policy?2 Focus on Strategic Policy-Making 4 How to Recognize "Good Policy"7 Limits to Policy-Making 7 Legislative Bodies 11 Executives 12 What Staffs Need to Know about the Needs of Elected Officials 13 What Elected Officials Need to Know about the Needs of Staff 14 Communications Barriers 25 Guidelines to Improve Public Process 27 AGENDA ITEM #13. b) ,1752’8&7,21 Policy-making is often undervalued and misunderstood, yet it is the central role of the city, town, and county legislative bodies. The policies created by our local governments affect everyone in the community in some way. Public policy determines what services will be provided to the residents and the level of those services, what kinds of development will occur in the community, and it determines what the community’s future will be. Policies are created to guide decision- making. Elected councilmembers of cities, towns, and counties have public policy-making responsibilities. County commissioners also set policy, but have an executive role of administering policy as well. Local policy-making is complex. It demands the very best of local officials. The public policy-making process is highly decentralized. Policy initiation, formulation, adoption, and implementation involve many interests. This process has been characterized as tending to be "fluid, incremental, confused, often disorderly and even incoherent." [Public Policy Making, Washington Style, Bone et. al., p. 4]. And yet, from this, the destiny of a community – the fulfillment of its dreams and aspirations – flow out of the exercise of the policy-making process. AGENDA ITEM #13. b) This publication provides an overview of the local government policy-making process. It does not discuss theories, nor does it deal with the "art and science" of policy-making. It is written from a practical standpoint and is intended to provide the reader with a better understanding of the roles and responsibilities of legislators as policy-makers. It discusses how local public policy is created and provides practical tips, based on experience, on how to make the policy-making process more productive and satisfying for participants. Since confusion or disagreement about policy-making has been a frequent source of conflict for local governments, an important objective of this publication is to help Washington local government officials distinguish between policy and administrative matters. Formally adopted policy generally takes the form of a governing principle, plan, or course of action. In the public sector it generally evolves from a deliberative process, and is adopted by an ordinance or resolution. Legislative bodies make public policy decisions; others perform the administrative task of implementing those policies. The decisions could be the adoption of a vision for the community, a comprehensive plan, a budget, or a policy relating to a specific issue, such as allowing or prohibiting local gambling activities. Policy-making requires political wisdom, diplomacy, and prudence to bring diverse community interests together around a shared purpose. Common usage of the term "policy" also includes the wise and expedient conduct of management; thereby blurring the line between policy and administration and causing confusion in the roles of elected legislators. Public policy is a combination of basic decisions, commitments, and actions made by those who hold authority or affect government decisions. The policy-making process weighs and balances public values. Often there is no "right" choice or correct technical answer to the issue at hand. Policy- making can be an adversarial process, characterized by the clash of competing and conflicting interests and viewpoints rather than an impartial, disinterested, or "objective" search for "correct" solutions for policy issues. The larger and more diverse the constituency, the more difficult policy- making becomes, particularly when addressing regional issues. Democracy is sometimes messy. Since our government is a representative democracy, an effective policy-making process insures that all relevant viewpoints are heard, and that the rights of individuals are protected. AGENDA ITEM #13. b) 0$.,1*32/,&<,6 -2%)25 /(*,6/$7256 The key to avoiding conflicts is to recognize that the general public policy of the municipality is usually a matter for the legislative body to determine: the city or town council, the county council, and the board of county commissioners, though the latter also has an executive and administrative function. It is also important to recognize that it is not the role of the legislative body to administer city or county affairs, except in the case of the county commission. The council sets policy, but it is either the county executive, the mayor, or city manager that actually sees that the policies are implemented. Since the distinction between formulation and implementation is not always clear, open communications between legislators and administrators is absolutely necessary. AGENDA ITEM #13. b) Legislative bodies are most effective and are most successful when they focus on strategic activities that guide the future of their communities. Whether it is called goal setting, strategic planning or futures planning, the process of assessing need and establishing priorities is a necessary function of local government. It is a process that can be used to build citizen support, encourage efficiency, and improve productivity. [Goal Setting in Local Government, ICMA MIS Report, vol. 27, no. 4, April 1995] Some observers believe that governments are driven by past decisions and reaction to operational issues and limitations. There is a legacy of prior actions that limits the community’s vision about future possibilities. Policy is about the future of your community, whether tomorrow, next week, or years from now. Policy-making is about visions, goals, choices, and possibilities. Alignment of vision and goals with the community and its local government structures builds trust and community confidence. Limited resources go further where there is alignment and trust. Key policy-making activities include: This is the "big picture" for your community. A vision captures the dreams, aspirations, and hopes of your community. It is a choice of one future out of many possibilities. Important community values shape this vision. Does your community see itself as a trader in a global village? A place where diversity is cherished? A place where there is peace and harmony between the built and the natural environment? A "vision statement" could provide a benchmark against which all other local government actions are measured. If you don’t know where you are going, any path will do. Communities with vision know who they are and where they are going. Some communities also develop value statements and strategic plans to help implement their vision statements. Those without vision spend considerable energy on wrong or irrelevant issues, bouncing reactively from one topic to another. In short, they cannot see where they are going. Community goals identify components of the community vision and provide direction for implementation. A goal statement may grow out of a difficult community problem, for example, a high crime rate. The goal is to find a satisfactory resolution to this problem by implementing policies designed to reduce crime. A goal may also be born of a desire to instill some quality that is not currently part of the community, such as economic growth. Or, a goal may grow from a desire to preserve a valued characteristic or quality that already exists, such as the preservation of small town qualities while accommodating growth. Goals are qualitative statements; objectives are quantitative and measurable. AGENDA ITEM #13. b) The comprehensive plan represents the community’s policy for future growth. The plan assists in the management of the city or county by providing policies to guide decision-making [Small Communities Guide to Comprehensive Planning, Washington State Department of Community Development, June 1993]. A majority of Washington’s counties and cities prepare comprehensive land use plans under the state’s Growth Management Act. Comprehensive planning usually starts with an inventory and analysis of land, followed by an analysis of population and demographics, economic conditions, amenities, physical conditions, and infrastructure to determine future needs and alternatives. Based upon an agreed amount of growth, the land-use element of the plan maps locations for future development. Zoning and development regulations limit the permitted size of these developments, and govern how various uses must relate to their neighbors. Transportation and public facilities elements of the plan address service levels, locations, and financing of infrastructure needed to support community development. These plans are powerful policy tools that address major pieces of your community’s vision. Some local services are mandated by state statute. Other services, while not mandated by statute, are prudent to provide, while others are discretionary. General-purpose local governments make key decisions about which services to provide to residents, at what service level, the manner in which these services will be provided. Counties provide a broad range of services, many of which are mandated by the state as its agent. Many regional services are provided by policy choice. Not all counties, for example, provide regional transit service. For cities, the statutes require the appointment of a chief law enforcement officer. Once such an officer is appointed, there is no further guidance as to the level of police services that must be provided. Whatever level is selected is a question of policy to be deliberated and determined by the city council. Some cities contract with the county to provide police services rather than provide their own. This is a matter of policy choice, based upon desired levels of service and the costs of providing that service. These address the allocation of scarce financial resources to achieve the community’s vision, accomplish goals and objectives, implement the comprehensive plan, and provide services. The budget is considered one of the strongest policy-making tools. It defines the spending and service priorities for numerous other policy decisions. There is rarely enough money to do all the things that a community desires. Thus, budgets and capital facilities plans must prioritize. What gets funded? In what order? What does not get funded? How much will be spent to provide desired services? Long-term financial plan projections (5 to 6 years ahead) often help reveal some of the costs or consequences of seemingly "inexpensive" short-term policy decisions. The allocation of resources to competing needs is an important exercise of setting local policy. Deciding what not to do is also an important part of policy-making. AGENDA ITEM #13. b) 6 Making Policy Is Job #1 for Legislators AGENDA ITEM #13. b) Since there is usually not a "right or wrong" policy, how are good policy decisions recognized? The following qualities may assist in defining "good public policy:" Usually policy adopted by a majority vote of a legislative body is "good" policy. A supermajority vote makes "great" policy. The council does not make policy in a vacuum. Councils rely on ideas from many sources, including staff, citizen’s groups, advisory committees, chambers of commerce, and others. Strong council support for a policy is more likely if there is strong support in the community. Good policy is fair and equitable; it does not impose disproportional impacts on interest groups. Policy decisions should be based upon due process that respects the constitutional rights of individuals. Policy-making is not always about what’s popular. Sometimes it means protecting the legitimate interests of minority views too. Good policy analysis starts with clear goals and objectives, considers a range of alternatives, expresses evaluation criteria, and assesses the impacts of alternatives with respect to these criteria. Measure the consequences of policy decisions against the community’s vision, values, and goals. The decision addresses a problem or issue that is generally perceived as significant to the community. The decisions are feasible for local government to implement. The adopted policy has a reasonable chance of working. There are clear assignments of responsibilities for implementation. There is always a risk that policy decisions have unintended consequences, or simply do not accomplish their goals. During the analysis phase it is useful to think about how a policy choice may fail. Good monitoring systems may provide early warning about policy failures or unintended consequences. This would enable policy-makers to alter the policy to increase effectiveness, or abandon it completely. No one said that effective policy-making is easy. It is easier to second guess how something might have been done, than to determine what needs to be done. There are many challenges and hazards along the way. Public policy-making involves multiple interests, complex analysis, conflicting information, and human personalities. Listed below are some factors that make public policy a fascinating, sometimes frustrating, but absolutely essential exercise. These are listed to alert the reader about circumstances where extra care is necessary. Legitimate community interests have multiple and often conflicting goals. This is the essence of the policy-making challenge. For example, the business community may be motivated primarily by a profit goal in presenting its position on the comprehensive plan. Other AGENDA ITEM #13. b) community interests may place a higher priority on a goal of preserving as much of the natural environment as possible. These goals may conflict. With multiple interest groups and centers of power, there is a tendency to "take a step in the right direction" rather than commit to significant change. Some participants are frustrated because they believe that the policy-making process should produce more dramatic changes than it usually does. On the other hand, seemingly minor changes in the short-term can have enormous long-term impacts. Failure to have the right information can impede decision-making. Elected officials are often faced with information overload. Too much information can create uncertainty and weaken decisiveness. When this occurs, all information becomes diluted in its persuasiveness. Decision-makers may then resort to less rationally defensive but more personally satisfying methods of decision-making. Concise, well-organized data and analyses can facilitate the decision-making process. Some interest groups may use analysis to rationalize choices they have already made. Research can be politicized. Some people are skilled in using statistics to prove anything. Close inspection of their analysis, however, may reveal serious flaws. Many forces that impact local communities are beyond local control. Local governments are subject to federal and state mandates. Income levels of individual jurisdictions depend upon job creation and retention throughout the region. Traffic congestion and air pollution transcend local community borders. Local decision-makers may have limited ability to influence an important community issue. It is not always clear or obvious how to implement good policy, even when there is a high level of agreement about a desired direction. Resources to implement policy may be limited. Mediation may be required to resolve issues where communities are polarized. AGENDA ITEM #13. b) Policy-making is not done in a vacuum. External influences surround your decision-making. Also, remember, policy abhors a vacuum. If elected officials don’t or won’t lead community groups or individuals with try to assume the council’s role. Or staff will have to guess what the policy is and "fill in the blanks" if even with the best of intentions. Policy-setting really is the council’s number one goal. AGENDA ITEM #13. b) 52/(6$1’ 5(63216,%,/,7,(6 Constitutions, charters, statutes, and ordinances are the sources of authority for elected officials and staff in the policy-making process. A clear understanding of roles and responsibilities can increase the effectiveness of participants in the policy-making process. Whether legislative or executive, the goal is to serve the community. In addition to reviewing the powers of the legislative and executive branches of cities and counties, this section provides practical tips on how to avoid conflicts between key players who are in administrative and policy-making positions. City, town, and county councilmembers and county commissioners are legislators. Together they constitute a legislative body which is given authority by the state constitution and state law to make local law. Local legislative authority is generally limited to what the state specifically grants to counties, cities and towns. However, code cities, charter cities and charter counties have "home rule" powers which permit them to exercise authority not specifically granted; provided that the state has not specifically prohibited that local authority. AGENDA ITEM #13. b) We elect legislators to make policy decisions and enact laws on our behalf. Except through the exercise of the initiative and referendum, we do not practice direct democracy. Our political system is a representative democracy. Our representatives may come from a variety of backgrounds: farmers, teachers, doctors, lawyers, business owners, etc. The essence of the legislative process is the give and take of different interests, and the search for a compromise that is acceptable to the majority. Often there are elaborate mechanisms to involve citizens and interest groups in the policy- making process. However, in the final analysis, legislative bodies make the decisions. Those who are not satisfied with the outcome can always seek to change the representatives by voting them out of office. But they must abide by the decisions whether they like them or not. While mayors and city managers often develop and propose policies, their basic authority is to carry out the council’s directives and to implement the policy adopted by councils. Commissioners serve both legislative and executive roles. The relationship of the executive to the legislative body varies by form of local government. Policy and administration are separated. All legislative and policy-making powers are vested in the city council. This is also true for charter counties that have county councils: King, Snohomish, Pierce and Whatcom Counties. Administrative authority is vested in a directly elected mayor or county executive. Mayors in second class mayor-council and code mayor-council cities may veto ordinances but the mayor’s veto can be overruled by two-thirds vote of the council. All legislative and policy powers are vested in the city council. The council employs a professionally trained administrator to carry out the policies it develops. The city manager is head of the administrative branch of government. The mayor is usually selected by the city council from among its members, although in a few larger cities (e.g. Tacoma, Spokane, Vancouver, and Olympia), the voters directly elect the mayor. The mayor’s responsibilities are primarily to preside at council meetings, act as head of the city for ceremonial purposes, and for purposes of military law. The mayor votes as a councilmember and does not have any veto power. Political skills possessed by the mayor can be helpful in bringing parties together in the policy development process. Currently, no Washington counties use this organizational model. In the commission form of government one elective body includes the executive, legislative, and administrative functions of government. There are only two Washington cities (Wenatchee and Shelton) currently operating under this form of government. Thirty-five Washington counties have commission forms of government. The board of commissioners sits as a body, passes laws, and makes policy. While much of this publication is relevant to counties, there are some factors that make the policy- making process of counties different from cities. Elected county offices are partisan; candidates declare party affiliation when they run for office. All elected city offices are non-partisan. County commissioners share power with other elected county officials such as the assessor, auditor, prosecuting attorney, sheriff, county clerk, and treasurer. There are only a handful of Washington cities that elect anyone other than mayors or council members. An extensive treatment of the AGENDA ITEM #13. b) responsibilities of commissioners can be found in the New Commissioner Handbook (Report No. 43, Municipal Research & Services Center, September 1998). The separation of authority between the legislative body and the chief executive in the mayor-council, county executive, and council-manager forms of government is very similar. In the mayor-council form of government, the mayor is the chief administrative officer who is responsible for all administrative functions. When separately elected, the county executive serves as chief administrative officer in those counties that have a council (e.g., King, Pierce, Snohomish and Whatcom Counties). In the council-manager form, the appointed manager is the chief administrative officer. The council creates the departments, authorizes positions, and fixes compensation. The council may not direct the hiring of any employee by the chief administrative officer, although local ordinances may call for council confirmation of appointments in the mayor-council form of government. The mayor has the power to appoint and remove all appointive officers and employees consistent with the laws of the city. This authority to hire and fire may be delegated to department heads. In the council-manager form, the manager supervises city business, appoints and removes department heads and employees, executes laws, recommends activities to the council, submits reports, submits a proposed budget, and performs other duties directed by ordinance. Mayors, county executives, city managers, and staff do not make policy decisions. However, they have strong influence on the policy-making process and its resultant decisions. For example, they propose budgets, oversee the studies and analyses carried out by staff, and make policy recommendations to councils. Through their ongoing contacts with key interest groups, elected and appointed chief administrative officers and department heads influence (and are influenced by) other participants in the policy development process. Policy development processes are most effective and productive when key players work well together. Each party has a role to play and has defined responsibilities. Conflicts often develop when the legitimate needs and roles of one party are not understood by another. Here are some suggestions that might make the policy development process more effective: Elected officials have different needs than staff. To be effective, they must be responsive to the needs of their constituents. Concerns for "fairness" and "minority views" may outweigh issues of effectiveness or efficiency. Elected officials want to know where various constituent groups stand on an issue. This information is important in attempting to balance the conflicting values that often come into play during the policy-making process. Elected officials do not like surprises, particularly at the end of a long and arduous process. (Who does?) A staff member’s credibility can be seriously undermined if key interests introduce relevant new information at a final public hearing before action is taken. Councilmembers will think that the staff has not done their job of getting this information considered earlier. AGENDA ITEM #13. b) Elected officials like to have choices. Nobody likes to feel backed into a corner where there is only one solution. A brilliant staff proposal may not carry the day if other choices were not seriously considered. Staff can be an enormous help by showing how compromise can be reached on thorny issues. Staff can make everyone on the policy/administrative team look good by sharing credit. Some key staff belong to national and state associations that hold members to professional and ethical standards. For example, many city managers and administrators belong to the Washington City/County Management Association and are bound by the International City/County Management Association code of ethics. Asking staff to help on certain political matters, such as election and ballot campaigns, puts them in a difficult position. State laws also significantly limit the use of public resources for campaign issues. Staff will sometimes assert that "we can’t do this because it violates technical standards." While these standards are legitimate attempts to address important public goals, they often do not fully recognize other community values. For example, street design standards favor the movement of traffic. If the street is not critical for the movement of large traffic volumes, there may be ways to design the street to achieve other community goals by providing wider sidewalks, bike lanes, and space for recreational and social activities. (However, access may be lost to certain categories of state or federal funds if standards are not met.) Explore these issues with staff and challenge their creativity. Competent staff can be a tremendous help in developing ideas, structuring good processes, and generally keeping you out of trouble. Get to know and trust key staff. Treat each other respectfully. Otherwise the official may not get that extra effort that can make a difference in effectiveness. AGENDA ITEM #13. b) Avoid public criticism of each other; it only makes for martyrs. If there is a legitimate concern, discuss the matter privately. If you are a councilmember, remember that you do not have the authority to direct employees. Discuss your concerns with the mayor or city manager. If on the staff, ask for policy clarification if you are not sure what was intended. Show appreciation for good work. Say "thanks." Share credit. Another way to improve policy-making and decision-making is to better understand the role of team members. AGENDA ITEM #13. b) ,6,7 32/,&<25 $’0,1,675$7,21" The goal of this section is to answer, through examples, the age-old question: is it policy or is it administration? The Municipal Research & Services Center (MRSC) has received numerous questions about this issue over the years. Lack of clarity or agreement about this issue is perhaps the most frequent source of conflict among local officials. There are no "black and white" answers. There will always be some overlap between policy and administration. That is why it is very important for executives, legislators, and key staff to develop ways to communicate and work together effectively. The introduction to this report suggests that legislative bodies are most effective and successful when they focus on strategic activities to guide future development of their communities. These key policy- making activities include the development of a vision for the community, the adoption of community goals and objectives, the adoption of comprehensive plans, decisions about which programs and services will be provided by the local government, and the adoption of budgets and capital facilities plans. These are clearly policy matters. AGENDA ITEM #13. b) Councils and commissions have the powers to enact laws and policies consistent with state law, usually through the enactment of ordinances and resolutions. The chart below lists actions that city councils and commissions can take, followed by a brief description of the responsibility of the mayor, city manager or administrator. These also apply to county councils and commissions; however, counties have a number of independent elected officials whose functions and duties are defined by either the state constitution or state statutes. AGENDA ITEM #13. b) The mayor, city manager, or county executive is the chief executive and administrator in charge of carrying out the policies set by the council and enforcing local laws. They are basically in charge of the day-to-day operation of the city or county, including the supervision of all appointed officers and employees in the performance of their official functions. The chief executive is in charge of hiring and firing all appointive officers and employees, subject, where applicable, to laws regarding civil service. Councils of first class, second class, and code cities have some authority to require confirmation of the mayoral appointments of certain officials; councils may not, however, require confirmation of firings by the mayor. Town councils do not have this power. For the most part public agencies are administrative; they must follow policies, laws, budgets, and other rules. In order to prevent abuses of power and to provide predictability, administrative functions have limited flexibility or discretion. For example, the enforcement of building and land use codes are generally ministerial in nature. If applicants comply with requirements as set forth in the code, they get their permit. However, there are certain types of decisions, such as rezones, that must go to the legislative body. On many matters, citizens will no doubt call councilmembers. In these situations, it is best to pass on the complaint (through the mayor or city manager), let staff deal with it, and report back to the councilmember on its disposition. Give the staff a chance to do their job. Treat citizen comments, complaints, or requests as feedback on basic service delivery systems. These are opportunities for service "tune-ups" as part of a continuous improvement effort. Consistent with the doctrine of separation of powers, the council is not authorized to interfere with the chief executive’s administration of government. Councilmembers may not give orders to department heads or to other employees. In council-manager cities, this prohibition is established statutorily. The council must work through the city manager on matters of city administration, except that it may deal directly with officers and employees under the manager’s direction "for the purpose of inquiry." To do its job, the council needs information on how the city or county is operating. The chief executive must provide timely, useful information evenly and equally to all councilmembers – either directly or through subordinate officers and employees. Of course, things do not always run smoothly between the council and the administration, and the line between policy and administration is imprecise in some situations. One area that is a frequent source of conflict is personnel. The council may not like a mayor's appointment to a particular position, or it may be dissatisfied with the performance of certain officers or employees. An employee may complain to and seek relief from the council about some aspect of employment. On the other hand, the mayor may believe that certain personnel policies interfere with his or her supervision of employees and hiring and firing authority. The mayor may direct that all communications with city staff go through the mayor's office. The council, in response, may feel that the mayor is unlawfully restricting its access to city personnel for information purposes. The remedy for some of these situations may be to review the respective roles of the mayor and the council and to understand the limitations of their respective authorities. For example, if the council is not happy with a mayoral appointment, there may be nothing the council can do directly within the bounds of its authority. However, if it has the authority to confirm a particular appointment, it can reject the appointee and force the mayor to choose another. If the council does not have confirmation authority, it can express its dissatisfaction to the mayor, but it can do nothing else with respect to that particular appointment. The council may, however, provide for a detailed personnel system AGENDA ITEM #13. b) establishing specific qualifications for positions, requiring publication and public posting of job opening announcements, and the like. Moreover, the mayor, at least in code cities, is required by statute to make appointments "on the basis of ability and training or experience." Similarly, if the council feels that an officer or employee is performing poorly and should be disciplined or fired, it can say so to the mayor, but it has no power to do anything else. Although it controls the salaries paid to city officers and employees, it may not lower a salary with the purpose of causing the person holding that position to quit. A rule to follow is that the council (and the mayor) may not do indirectly what it cannot do directly. On the issue of communication between the council and city officers and employees, the mayor may not prevent council members from gaining information although he or she could reasonably regulate the inquiry process. If councilmember inquiries unreasonably take staff away from their duties, the mayor may require those inquiries to be channeled through the mayor or a department head, if it can be done without unduly encumbering council access to information. Another area that often provides ground for conflict is finances and budgets. For example, the mayor may not take full advantage of the budget authorized by the council. The council may authorize a certain position at a certain salary, and the mayor may decide not to fill the position or may do so at half time and half salary. The mayor may cite financial difficulties, such as revenues falling short of projections, and may conclude that the city cannot afford someone filling this position full-time. The council, on the other hand, may not agree that the conditions warrant such action or may determine that a different cost-saving measure is appropriate and should be instituted. Resolution of this type of issue may prove particularly tricky. Although the mayor may not pay an employee less than is authorized by the council in the budget or separate salary ordinance, under certain financial circumstances, the mayor may be able to partially fill a position, thus proportionately reducing the salary for the position. Legal authority, however, is hazy on such issues. The best strategy would be for the mayor and the council to work out a mutually agreeable accommodation. In situations where it is not clear whether the executive or the council has the authority to act, counsel of the city attorney or that of a MRSC consultant could be sought. Understanding roles is a necessary step in resolving many conflicts. When roles are not clearly defined, compromise may be in order. Statutes and case law may not provide a ready answer. All sides need flexibility to meet the challenges of effective local government that is responsive to public needs. Local government works best when local officials work well together and build relationships based on honesty and trust. AGENDA ITEM #13. b) 7+(32/,&<0 $.,1* 352&(66 There is no question that effective policy-making requires lots of process. But in the end, it requires decisiveness too. While citizens and interest groups value the opportunity to participate, they also expect efficiency in the process of analyzing issues and bringing them to resolution. "Democratic efficiency" may sound like an oxymoron, but it is a worthwhile goal. Drawn out, inconclusive processes wear out participants and frustrate everyone. Such processes may make citizens less willing to participate in future community activities. In this section, the policy-making process as exercised by individual councilmembers or commissioners is outlined and described. The main focus is to highlight practical tips that can make everyone involved more effective in managing that process, participating in it, and influencing outcomes more effectively. AGENDA ITEM #13. b) A councilmember has little or no power acting alone. If there is an issue or problem that should be addressed by your city or county, it has to be put on the public agenda. Some issues are so important that there is a consensus that something must be done. However, your issue may be in competition with others for time and attention. The support of other members of the legislative body is needed to commit time and resources to study the issue. The same is true for the chief executive. A budget is needed to carry out the studies and conduct the processes needed to bring resolution to important policy issues. There are many catalysts for new or revised public policies. An economic calamity, such as the closing of a mill in the community, might generate a need for a new economic development policy. Technological innovations, such as networked computers and the Internet, are raising a myriad of technology policy issues for local governments today. Ecological shifts brought about by dramatic growth and development threatens Salmon species, requiring governments to respond. On some issues the community may have no choice but to act because of federal or state requirements like the Endangered Species Act and the Growth Management Act. On other issues, there may be local discretion to address them or not. These policy issues will need the consent and s upport of other elected officials to place them on the local agenda. The policy-maker must be prepared to explain why action is necessary and why this issue is more important than other issues that compete for time, attention, and resources. What is the problem that needs to be solved? What are the implications of not acting? What is at stake? Why is government involvement or action required? Can someone else, such as a non-profit entity, address this problem? Issues become part of the public agenda when there is a shared perception that a problem must be solved, an issue resolved, or an opportunity realized. Explain the problem and recognize that everyone does not share the same definition of problem. Existing conditions provide a reference point against which possible actions are compared. The task of documenting existing conditions will probably be assigned to staff. Counc ilmembers must recognize that resources need to be budgeted for these staff activities. Policy action requires public support, or at a minimum, a working majority of the legislative body. The development of goals is an important part of the search for agreement. Conceptually, the idea is to move from the more general to the specific: first reaching agreement on broad principles before getting to specific means. Goals are qualitative in nature, for example: Create a community where people can live, work, and play in an environment that is safe, vibrant, and aesthetically pleasing. Preserve greenbelts and natural areas. Provide for the efficient and safe movement of people and goods. Objectives are quantitative, providing yardsticks to measure goal achievement. Some examples are: Create 1,500 new affordable housing units by the year 2005. AGENDA ITEM #13. b) Acquire outright or purchase the development rights to preserve 1,000 acres of greenbelts by the year 2005. Improve intersections in the downtown so they function no worse than Level of Service E, at or near the capacity of the roadway, during morning and afternoon peak hours. Goal development can be a time-consuming process that requires the full attention of the governing board. All members should participate. There will need to be give and take among the participants. Goals should reflect what the governing board wants to accomplish. Avoid getting too detailed. Let staff figure out how to achieve goals. Organizations cannot do everything at once. Setting goals helps prioritize where time, energy, and resources go. What options are there for attaining the policy-making body’s goals? It is important to consider a range of reasonable alternatives. If alternatives favored by an influential interest group are excluded, it will be very difficult to r each a decision that has strong support. Do not prematurely lock into one choice. That will impede your ability to build a consensus and to bring other interests over to your position. Be respectful of costs to government. All levels of government are expected to do more with less. This is especially true for local government. Are there low or no cost solutions? Think creatively. Be mindful of ongoing costs. These have to be budgeted. For example, if the city spends money to purchase land and develop a park, it also needs to pay for ongoing maintenance. Think of what it will take to implement your solution, including administrative costs. Policy that cannot be implemented is ineffective. The more complex a solution, the more likely it is to meet with resistance. This is an important step in defining criteria for evaluating alternatives. Who else cares about this issue? How will they be impacted? Will they be positively or negatively affected by various solutions? Which interest groups are logical allies? Who is likely to oppose the action(s)? This task will likely fall mainly to staff, and will often be addressed through formal process requirements such as the preparation of environmental impact statements. Some key considerations are: Address the costs and consequences of doing nothing. Recognize that there are tradeoffs and costs to others. Anticipate criteria that are important to others. You lose credibility if they are ignored. The same weight does not have to be placed on other interests’ criteria, but the real impacts cannot be ignored. In many cases, there are legal requirements to address the impacts. Test the sensitivity of assumptions. How would the findings and conclusions change if the assumptions were modified? AGENDA ITEM #13. b) Even if everything is done right, some decisions are hard because they address a difficult issue. A few points to review are: Recognize constraints, such as budgets, laws, and authority. Balance dreams with the reality of what needs to be changed. Small changes can have major impacts through time. Recognize that there are often more than two positions on an issue. This makes it difficult to get a majority, much less a consensus. Think about how alternatives might be combined into "win-win" solutions that address needs of multiple parties. Treat all parties with respect. Remember that even if you do not win this one, long-term relationships count. Even if you have done a great job in involving all the parties, analyzing alternatives, and achieving consensus, the process is not complete. Too many well- intentioned plans sit on a shelf and collect dust. Make sure that implementation responsibilities are clearly assigned. Policies often have unintended consequences. Monitor the implementation of policies and revise them as necessary. It is better to discover (sooner than later) that the assumptions were not correct so that early corrective action can be taken. Unintended consequences can create bigger problems down the road. Consider sunset ordinances that require formal policy review after a set time period, especially if the council embarks on an untried innovative policy direction. AGENDA ITEM #13. b) ())(&7,9(38%/,& 3$57,&,3$7,21$1’ &20081,&$7,21 In Washington State’s culture of open government, the process of policy-making is every bit as important as the product of that process. Effective policy-making cannot occur without solid public participation. Open communications are essential to making that process work. This section contains a collection of tips acquired through experience while participating in both successful and unsuccessful processes. Effective communications among individuals with diverse backgrounds and interests can be difficult. The following are some factors that can create barriers to effective communications. They are listed here primarily to assist in heightening awareness of possible barriers to effective communications during the policy-making process. AGENDA ITEM #13. b) Legislators and interest group representatives need to show that they are doing a good job for their constituents. They have a need to forcefully represent their members and to receive credit for accomplishments. Sharing credit is one of the most important things elected officials can do to win support for their proposals. Big problems occur when the process is structured to produce solutions where one side "wins" and the other side "loses." If at all possible, insure that an influential interest group does not lose on all of its issues. Sometimes it may be necessary to broaden the scope of the overall effort in order to find a "win" for an important interest. Some technical staff may see political behavior as irrational. Elected officials may see staff as inflexible because they appear to hide behind the technical standards of their professions. It helps to understand the needs of the other parties to carry out an effective dialogue. We see problems differently, experience the same event differently, hold different values, use different approaches to solve problems, and have different communication styles. In short, we are diverse. Any of these differences can get in the way of effective communications. Try to understand where other parties are coming from and to see things in their terms. Stephen Covey has written some excellent material on empathic communications in The 7 Habits of Highly Effective People. Habit 5 is "seek first to understand, then to be understood." Most city and town elected officials are part-timers who make their living in a non-governmental occupation or profession. Part-time officials have limited time available to spend on issues that staff may be paid to address. Some elected officials have much more time available than others to spend on their mayoral or councilmember roles. Those who have less time to spend on an issue may feel at a disadvantage. Some experts may see citizens as lacking the knowledge and skills to participate effectively. This is unfortunate since value choice is at the root of the public policy-making process. Conversely, some citizens may feel that technical experts are suspect, especially if they work for government. They may be seen as part of the established order that wants to protect the status quo. This too is unfortunate since experts who understand their role can assist the identification of "win-win" solutions. Some officials believe that the majority of citizens are distrustful and apathetic about the functions of government. That may leave them wondering about how representative the participants are. Richard Nixon had his "silent majority," whom he believed supported his policies. On the other hand, there are citizens who feel powerless to influence government; they assume that "officials won’t listen" and "you can’t fight city hall." The reality of the policy-making process is that those who put in thoughtful time and effort have more influence on the outcome. Rules of order are needed, although formality can get in the way of open communications. Council chambers are formal and often place legislators on a podium above citizens. This does not create an impression that a citizen can really have an influence. Public process can be designed in ways to encourage, not inhibit, participation. AGENDA ITEM #13. b) Formal public hearings are part of the vocabulary of public process in America. While it is necessary to conduct public hearings to meet legal requirements, these hearings should by no means be the only opportunity for citizen involvement on important policy issues. The formal public hearing setting can create a theater atmosphere, especially if the session is videotaped for community broadcast. Legislators and interest group representatives make speeches to the camera for the benefit of those watching at home. Formal hearings often bring out the most extreme positions. Interest group leaders often feel that they need to present a harder position than they might actually be willing to accept. They have to look like strong leaders, and their "opponents" will be making equally strong statements for contrary positions. At a hearing, there is usually little, if any room for reasonable discussion, give or take, or response to prior testimony. Usually there is a parade of speakers who come to read their prepared statements. Interest groups often feel that it is necessary to pack the place with supporters of their positions to influence legislators politically. If this is the only means of public process, there is a high risk that the process will fail. On important public issues, there has to be solid public process before a hearing is scheduled, if there is to be any hope of reaching a solution that has a high level of community support. There are a number of techniques that can be helpful. Newsletters and other mailings can inform the community about issues, options, and the process of decision-making. Surveys can be used to assess community views and opinions about important issues. Community meetings can be structured to maximize opportunities for dialogue on important matters. There is no one right method or one single set of techniques that guarantee success. A genuine willingness to be open, to listen, and to explore options and issues identified by the community will instill faith in the process. Citizens can sense very quickly whether their participation is really welcome. It is also important to structure and facilitate community meetings in a way that truly permits participation of interested parties. The following guidelines can help to design a public participation process that has a strong chance of being effective: For public meetings, including hearings, prepare and distribute a printed agenda showing the purpose and objectives of the meeting, an outline of subjects to be covered, time limits, and rules for participation. Change physical setting of the meeting room to reduce feelings of separation and "power differences" between public officials and citizens. Sit around a table if possible. Involve interested parties in the process of generating alternative solutions and approaches. Do this early in the process so that promising new alternatives can be fairly addressed. Make sure there is plenty of opportunity for people to receive answers to questions. This usually does not happen at a hearing. Some agencies have successfully used informal "open AGENDA ITEM #13. b) houses" where there is ample opportunity for community members to view illustrations of alternatives, discuss the potential impacts of alternatives, and receive answers to specific questions. Use small groups to involve participants. Many people are hesitant to speak out in large groups and may hold back good ideas. Consider the use of portable microphones and a "talk show" or town hall format. Listen to what participants are saying. Ask clarifying questions. Repeat what you heard to confirm the message. Use a recorder to write comments and suggestions on large sheets of paper that can be posted on the walls. Use good graphics and handouts to illustrate and summarize the proposal(s). Use a comfortable setting. Regulate room temperature so that the room is not too hot or cold. Schedule meetings at times and places that are convenient to those you want to involve. Use trained facilitators to conduct meetings if issues are especially controversial. And finally, provide food! There is research showing that people are less likely to express anger if fed. You need to be careful, however, about the use of public funds. It is best if you can pay for food out of a fund generated from private donations. Conducting an effective public participation process is hard work. And it can be frustrating, especially if you think you already have all the analysis and information you need to make a decision. There can be tension between the goals of democracy and the desire to make decisions quickly and efficiently. However, a truly participatory process can be very rewarding. Decisions are far more likely to be supported, even by those who might prefer a different outcome. Good will generated by the process can provide momentum to implement a difficult decision. Your community will gain experience, knowledge, and skill at working together to create the future. AGENDA ITEM #13. b) 5($’,1*/,67 The Authority of the Legislative Body to Regulate Administration of City, by Susan Rae Sampson in Legal Notes: Proceedings of the Washington State Association of Municipal Attorneys. Information Bulletin No. 467. Seattle: Municipal Research & Services Center, 1990. P. 193. Elected Officials Handbooks. 4th edition. International City/County Management Association, 1994 Elected Official’s Little Handbook: A Portable Guide for Local Government Legislators, by Len Wood. Rancho Palos Verdes, Calif.: Training Shoppe, c1994 Goal Setting in Local Government. ICMA MIS Report Vol. 27, No. 4. Washington, D.C.: International City Management Association, April 1995 Handbook for Councilmembers. Information Bulletin No. 493. Seattle: Municipal Research & Services Center of Washington, 1995 Handbook of Practical Program Evaluation, Joseph S. Wholey, Harry P. Hatry, and Kathryn E. Newcomer, editors. San Francisco: Jossey-Bass, 1994 The New Commissioners Handbook. Report No. 43. Seattle: Municipal Research & Services Center of Washington, 1998 Public Policy Education: Its Role in Community Change, by James C. Barron and Emmett P. Fiske. Corvallis, Ore: Oregon State University, Western Rural Development Center, revised April 1993 Public Policymaking, Washington Style, by Hugh A. Bone, Nand E. Hart- Nibbring, and Robert H. Pealy, University of Washington, Institute of Governmental Research, August 1980 AGENDA ITEM #13. b) AGENDA ITEM #13. b) 1 Mayor & Councilmember Association of Washington Cities 1076 Franklin Street SE Olympia, WA 98501 360-753-4137 www.awcnet.org MRSC 2601 Fourth Avenue, Suite 800 Seattle, WA 98121-1280 206-625-1300 www.mrsc.org MRSC Report No. 44 Revised November 2017 h a n d b o o k AGENDA ITEM #13. b) 2 Mayor & Councilmember Handbook Copyright © 2015, 2017 by Association of Washington Cities and Municipal Research & Services Center of Washington All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the Association of Washington Cities or Municipal Research & Services Center of Washington. AWC’s mission is to serve our members through advocacy, education and services. Association of Washington Cities 1076 Franklin St. SE, Olympia, WA 98501 360-753-4137 1-800-562-8981 www.awcnet.org MRSC’s mission is to support effective local government in Washington through trusted consultation, research, training, and collaboration. Municipal Research & Services Center of Washington 2601 Fourth Avenue, Suite 800 Seattle, WA 98121-1280 206-625-1300 www.mrsc.org Updated November 2017 AGENDA ITEM #13. b) 3 Table of contents Chapter 1 – Introduction ......................................................................................................................................................1 Chapter 2 – Know your form of government ................................................................................................................3 Chapter 3 – Getting started .................................................................................................................................................7 Chapter 4 – The mayor’s leadership role .......................................................................................................................11 Chapter 5 – The mayor as chief executive ....................................................................................................................15 Chapter 6 – The job of a councilmember .....................................................................................................................21 Chapter 7 – Legislative advocacy ....................................................................................................................................25 Chapter 8 – Budget basics..................................................................................................................................................27 Chapter 9 – Resolving and preventing mayor-council conflict ............................................................................31 Chapter 10 – Council meetings ........................................................................................................................................39 Chapter 11 – Community participation at council meetings ................................................................................49 Chapter 12 – Ethical issues .................................................................................................................................................53 Chapter 13 – Resources .......................................................................................................................................................55 Appendix 1 – Overview of statutes defining and limiting the authority of a mayor ....................................61 Appendix 2 – Voting & vetoes – A guide for mayors ................................................................................................71 Appendix 3 – Public records disclosure ........................................................................................................................73 Appendix 4 – Open Public Meetings Act ......................................................................................................................75 Appendix 5 – Public hearings ...........................................................................................................................................77 Appendix 6 – Sample city council rules of procedure for mayor-council code cities...................................79 Appendix 7 – Sample procedures: Appearance of fairness and quasi-judicial hearing ..............................85 Appendix 8 – Public participation: Tips for talking with the council ..................................................................87 Appendix 9 – Meeting tips .................................................................................................................................................89 Appendix 10 – Parliamentary procedure ......................................................................................................................91 Appendix 11 – Keeping out of trouble ..........................................................................................................................95 Appendix 12 – Initiative, referendum, and recall .......................................................................................................97 Appendix 13 – The mayor pro tempore ........................................................................................................................99 Definitions .............................................................................................................................................................................101 AGENDA ITEM #13. b) 4 AGENDA ITEM #13. b) 1 Introduction Chapter 1 Introduction This handbook is intended to serve as a reference guide for mayors and councilmembers in Washington cities and towns operating under the mayor- council form of government. There are, however, materials on issues that also directly concern mayors in council-manager cities and all mayor pro tems: presiding over council meetings, conducting public hearings, etc. A mayor wears many hats. As the chief executive officer of the city you will deal with human resources, contracts, budgeting, labor relations, and a host of other issues. When chairing council meetings and public hearings, or when dealing with the press, you will have to choose your words carefully, deciding when is the appropriate time to be tactful or more direct. It’s no wonder that mayors and councilmembers often feel overworked and underpaid! Those who come to the job without having substantial experience in city government have a lot to learn. We hope this publication serves as both a basic primer on the role of a mayor and councilmember, and also a resource with answers to some frequent problems. Use this publication to learn how to get information, assistance and advice. When your questions are not answered by the text, it will hopefully guide you to either the relevant statutes and publications, or to those people who can best answer your questions. Being an effective leader is not something that just magically happens when you are elected to office. Leadership skills must be learned. You need to listen to the residents of the city and the council, develop goals, and then work effectively with the council to achieve your objectives. There are a lot of people counting on you. They want you to succeed and so do we. Good luck! Note: Unless the context or the references specifically indicate otherwise, the use of the term “city” or “cities” in this publication is meant to include “town” or “towns.” Remember – when you have a particular problem, chances are somebody else has already dealt with the same issue. AGENDA ITEM #13. b) 2 AGENDA ITEM #13. b) 3 Chapter 2 Know your form of government It is important to know your city’s classification. Also important are the different forms (sometimes called “plans”) of government in Washington: mayor-council, council-manager, and commission. This section explains some of the basics. The city clerk can tell you your city’s classification. Almost all cities have an elected official with the title of “mayor,” but the authority of the mayor depends upon the form of the government. Mayors in mayor-council cities are sometimes referred to as “strong mayors” because they have considerably more authority than mayors in council-manager cities. The distinction is explained on page 5. City classification City and town governments in Washington are classified according to their population at the time of organization (usually incorporation) or reorganization. There are four basic classifications for municipalities in the State of Washington: first class cities, second class cities, towns, and code cities. Although some of the state laws (statutes) are the same for all classes of cities, many of the laws are different. State laws are located in different chapters of the Revised Code of Washington. The Revised Code of Washington (RCW) is the compilation of the laws passed by the state Legislature. “Statutes” are the laws contained in the RCW. In 1890, the Legislature established four classes of municipal corporations: first, second, and third class cities, and fourth class municipalities, known as towns.1 However, in 1994 the Legislature eliminated the third class city classification and those cities automatically became second class cities. Reference to fourth class municipalities was also dropped – they are now referred to exclusively as towns. An additional classification, the optional municipal code city, was provided in 1967.2 4 classes of cities • First class cities • Second class cities • Towns • Code cities Know your form of government 1 First Class Cities: RCW 35.22; Second Class Cities: RCW 35.23; Third Class Cities: formerly RCW 35.24; Fourth Class Towns: RCW 35.27. 2 Optional Municipal Code Cities: RCW 35A Optional Municipal Code AGENDA ITEM #13. b) 4 What difference does it make? Depending on the city classification, there are some important differences with respect to the power and authority of the city government. Some of the differences are highlighted in this chapter. Note: See Appendix 1 for details regarding the specific powers and responsibilities of a mayor by city classification. This will be an important reference to make decisions and then take action in the days ahead. Optional municipal code The optional municipal code, Title 35A RCW, was devised in 1967 as an alternative to the existing statutory system of municipal government in Washington. The basic objective of the code was to increase the abilities of cities to cope with complex urban problems by providing broad statutory home rule authority in matters of local concern to all municipalities, regardless of population. Cities operating under the optional municipal code are commonly referred to as code cities. Under the optional municipal code, cities may take any action on matters of local concern so long as that action is neither prohibited by the Washington State Constitution nor in conflict with the general law of the state. The powers granted to code cities include all the powers granted to any other class of city in any existing or future legislative enactment, unless the Legislature specifically makes a statute inapplicable to code cities. Charter cities The Washington State Constitution provides that cities and towns with a population of 10,000 or more can frame a charter for their own government, subject to all the general laws of the state.3 All of the 10 first class cities have charters at this time. Only one code city, Kelso, has adopted a charter. 3 Constitution, Article XI, Section 10, as amended by Amendment 40. AGENDA ITEM #13. b) 5 Forms of municipal government There are three basic forms of municipal government in Washington: mayor- council, council-manager (also known as the city manager plan), and commission form. Sometimes the “form” of government is also referred to as the “plan of government” or “organization.” (See Appendix 1 for more details on the mayor’s powers in each form of government.) Mayor-council form of government4 In the mayor-council form, policy and administration are separated. All legislative and policymaking powers are vested in the city council. The administrative authority, including a veto power (except in towns), is vested in the mayor. Council-manager form of government All legislative and policymaking powers are vested in the city council. The council employs a professionally-trained public administrator, the city manager, to carry out the policies it develops. The city manager is the head of the administrative branch of city government. By statute, the mayor is selected by the city council from among its members, although this may also be done by election. The mayor’s responsibilities are primarily to preside at council meetings, and act as head of the city for ceremonial purposes and for purposes of military law. The mayor votes as a councilmember and does not have any veto power (RCW 35.18.190; RCW 35A.13.030-.033 Optional Municipal Code cities). Commission form of government5 Only the City of Shelton has the commission form, which gives one elective body combined authority over the executive and legislative functions of municipal government. The commissioners, sitting as a body, are authorized to determine by ordinance the powers and duties of all officers and employees of each department. Each commissioner administers a separate department. The mayor has essentially the same powers as other members of the commission. The mayor has no veto power or any power to direct general city administration other than in their own department (RCW 35.17). 3 forms of government • Mayor-council • Council-manager • Commission Know your form of government 4 First, second class cities, and towns: laws governing the mayor-council plan are found in the respective RCW chapters for each class of city: RCW 35.22, RCW 35.23, and RCW 35.27. Optional Municipal Code cities: RCW 35A.12. 5 On November 7, 2017, City of Shelton residents voted to change the Commission form of government and adopt the Council-manager form of government. AGENDA ITEM #13. b) 6 Change in classification or form of government The classification of a city or town can be changed. Cities and towns have the power to advance their classification when the population increases sufficiently and there is an election (RCW 35.06). A city or town with at least 10,000 inhabitants may become a first class city by adopting a charter. A town with at least 1,500 inhabitants may become a second class city (RCW 35.06.010). Any incorporated city or town may become a noncharter code city by following the procedures in RCW 35A.02. Any city may also change its form of government. In general, the procedure may be initiated either by a resolution adopted by the city council or by a petition process, both followed by an election. Washington cities classification & form of government summary* Class Mayor-council Council-manager Commission Total First 6 4 0 10 Second 5 0 0 5 Town 68 0 0 68 Code 148 48 1 197 Unclassified 1 0 0 1 Total 228 52 1 281 *As of October 2017 See MRSC’s Washington City & Town Officials Directory Mobile App for specific data on each city, its population, classification, and form of government. Additional resources: Washington City & Town Officials Directory Mobile App, MRSC Code City Handbook, MRSC AGENDA ITEM #13. b) 7 Getting started Chapter 3 Getting started By their action at the polls, the people of your community have given you a vote of confidence and expressed faith in your ability to act in their best interest. And you don’t want to let them down. But as the election campaign fades in your memory, the magnitude of your new job begins to sink in. Whether you come to this job after years of service to the city or were elected with no prior background in city government, there’s still a lot to learn. As a new mayor or councilmember, you have a lot to learn about providing leadership and governing. But don’t take yourself or the business of government so seriously that you don’t enjoy it. It should be a fun and rewarding experience. Your first days on the job The role of mayor varies greatly from city to city, depending on the form of government, history, and level of involvement. Some new mayors are overwhelmed by the amount of administrative work that their job entails. Many councilmembers also feel overwhelmed by everything they need to learn and are sometimes surprised to discover that there are limits on their role in making decisions and setting city policy. What is clear, however, is that it is a very big job. Here are some tips for getting started. Getting oriented First on the agenda should be a thorough orientation session – a broad overview of the functions of the city to include finance, public works, public safety and other departments. The mayor or city manager will want to arrange time to sit down with your clerk and key department heads. Take this opportunity to learn all you can about your city, its history, its operation, and its financing. Your orientation should also include a tour of the physical facilities of the city. A firsthand inspection is often the best way to acquaint yourself with the city’s operations. Keeping some perspective • Pace yourself. Recognize that life – and the city – is dependent on a lot of things over which we have little control. Set some priorities, recognize the need to spend time with your family, and don’t burn yourself out. • Develop a thick skin. Remember that they don’t dislike you personally, they just don’t like your ideas. “When the burdens of the presidency seem unusually heavy, I always remind myself it could be worse. I could be a mayor.” – Lyndon B. Johnson AGENDA ITEM #13. b) 8 Review key documents The following is a list of key city documents you will want to review. Ask your clerk or other staff if they exist and to help you locate them. Also, ask them to suggest other useful documents. • Current operating and capital budgets • Information on key programs and services • Comprehensive annual financial report • Organizational chart, staff roster and phone list • The organization’s primary planning documents • Map showing city boundaries, buildings and facilities • Mission statement and goals • Council rules/meeting procedures • Meeting minutes for last twelve months • Work program and significant staff reports from last twelve months • Human resource policies and other administrative policies • Facts about your city: population, form of government, incorporation date, number of employees, total budget, total debt, etc. • List of governmental agencies providing services or impacting your organization • Calendar of important events Don’t be afraid to ask questions. You are not expected to know all the answers immediately. The mayor will want to find out about council salaries and benefits, employee vacation and sick leave policies, purchasing procedures within departments, proposed development projects – anything you need to know for a better understanding of city operations and issues currently facing your community. Legal restrictions Keep in mind that your city’s adopted ordinances, typically codified as your municipal code, must be followed until the council takes action to amend them. And that’s just the beginning – the number of federal and state laws and regulations that also govern your actions can be mind-boggling! If you are unsure of your responsibilities or authority in certain areas, be sure to seek clarification from your city attorney. Mayor’s role in working with staff Whether you can spend a lot of time at city hall, or have a full-time job in addition to your mayoral responsibilities, you’ll soon come to depend heavily on your key administrative staff. In almost all cities, the city clerk performs a multitude of tasks. This is particularly true in the smaller jurisdictions. A city administrator often oversees administration in larger cities. Keeping some perspective ... • The job of mayor is a unique combination of stress and joy. • Nurture your personal life. Cutting back on family hours won’t make you a better mayor. • Be yourself. Don’t try to be something you are not. AGENDA ITEM #13. b) 9 Value and respect your staff If your city is fortunate enough to have experienced staff, recognize these individuals as a valuable resource – don’t take them for granted or casually replace them. A good clerk and administrator can be your lifeline, helping you to fulfill your legal responsibilities and ensure that the city functions smoothly. Staff who have been with the city for some time have some valuable historical perspectives, and can help “fill in the gaps” for a new mayor. Make sure your staff are well trained and keep up in their field – encourage your clerk (and/or administrator) to attend training sessions and professional meetings of their peers. These sessions are well worth the investment – staff can learn from their peers around the state, avoid reinventing the wheel, and share challenges and solutions. Resist the urge to drastically change the organization before you know how it really works. Many of your city’s policies have evolved over the years through trial and error. While some methods may appear to need an immediate overhaul, it pays to watch the operation for a while before trying new methods. Don’t seek change simply to do things differently! Give yourself at least six months to learn the fundamentals of the task you have undertaken. Many potentially-fine public servants have come to an unhappy ending because of errors in judgment they made by being overly aggressive during those first six months. Even if you come to the mayor’s job with many years of service on the council, you will find there is still a lot to learn. Public and private sector differences A word of caution: You may have run for office with the pledge to “run the city more like a business.” While there are certainly similarities, there are some important differences between the public and private sectors that will become apparent as you get used to your new role. Here are just a few of those differences: • Much of your work will be done in the public eye. Consequently, things may move more slowly and take more time. All deliberations of council are done in public meetings and most public records are available to anyone. • City revenues are limited by laws. You can only raise taxes so high, so you can’t always pass on the costs directly to the consumer. • There are more unions in the public sector. Salaries are often compared to employees in other cities. It is common for employees to expect an annual cost of living increase. • Public employees have different constitutional rights and more legal protections. With additional laws governing your actions as an employer, you can expect more grievances, claims and litigation. • Some things that you may just consider “good business sense” could run afoul of our state constitution’s prohibition against “gifts of public funds.” (See Article VIII, § 7 of the state constitution.) • Public works projects and contracting often must go through a public bidding process. This takes more time and sometimes costs more. Getting started AGENDA ITEM #13. b) 10 Practical advice Helpful pointers from other elected officials. Initial words of wisdom ... • Listen. Listen to everyone. Listen until your ears fall off. Soak it up. After six months in office, you will round out the picture of the complexities of city government and your role. • Carry a notebook around for the first six months and write everything down. • Don’t be afraid to say, “I don’t know.” • Don’t make promises you can’t deliver! Most major decisions and actions require approval of the council. • Gear your mind to process a tremendous amount of seemingly conflicting information. • Don’t enter office with an unmovable set agenda. Learn as much as possible before taking on a major program or effort. Don’t be strangled by campaign promises that were made without sufficient information. • If you come on board as a big critic of the “way things have been done,” you may be surprised to find how hard the job really is. You’ll soon gain better appreciation for those who came before you. • The job can be very complex. Try to stay focused on the big issues. Mayors will want to... • Meet with each department head separately. Learn all you can. Spend time with the previous mayor, if feasible. • Ask for help when you need it. Don’t be afraid to use outside resources (your attorney, AWC, MRSC, a neighboring city or county). • Don’t be intimidated by larger cities. Bigger cities have many of the same problems and may be willing to lend expertise or staff resources. • Network with others in the same boat. Have monthly lunches with mayors from neighboring communities. They can provide support, new ideas, and give you an opportunity to vent. • Find an experienced mentor from another city. Ask for advice when you need help. You’ll get empathy and a clearer vision from someone who has been there. • Ask opinions, and listen. Spend time with those individuals who have different opinions than yours (maybe even your opponent in the election). Listen, don’t argue the points, then rethink your positions. • Don’t reinvent the wheel. Someone has probably done it elsewhere. Use information available from MRSC and AWC. Attend workshops and conferences, especially the AWC Annual Conference. AGENDA ITEM #13. b) 11 The mayor’s leadership role Chapter 4 The mayor’s leadership role The mayor occupies the highest elective office in the municipal government, and is expected to provide the leadership necessary to keep the city moving in the proper direction. Effective mayors see themselves not only as leaders staking out policy positions, but also as facilitators of effective teamwork. As a mayor, you have a special set of long-term responsibilities not shared by many others. You are supposed to be a community leader and a political leader. Yet most of the trials and tribulations you will face during your term of office will deal with city housekeeping. These day-to-day activities are of immediate concern to most residents, and sometimes solving the little problems are the most fun. But you need to find time to deal with the important policy issues and some of the long-term future concerns. Try to make your city a better place to live tomorrow, not just today. If you can leave something of long-term consequence to improve your community, you will at least have the satisfaction of a job well done, and that is the principle reward of public service. Setting goals The role of the city council in cities of all sizes is becoming more demanding and complex. In order to get anything accomplished, elected officials must work together to define and agree upon mutual goals. This is one of the most challenging aspects of being a mayor and working with a city council. Goal setting provides a framework for city action. By setting short-term and long- term goals, and then deciding which are most important, you and the council can define what your city government will try to achieve. Staff then have clear guidelines regarding what you and the council want to accomplish, and you have a way of evaluating your programs and services. Establishing goals will keep you on track and minimize distraction from the brush fires. Some cities plan goals through council retreats. Some use outside facilitators to assist with this process. See if you can develop a vision of what your city should look like in the future, and work with others to that end. AGENDA ITEM #13. b) 12 A simple goal setting process The basic idea is to start with the big picture and work to ensure that your day-to- day tasks relate back to that big picture. Periodically, you’ll want to look back at your goals and evaluate what you’ve accomplished, and decide what changes you want to make, if any. Step 1. Identify issues and needs Before you can set goals, you have to come to some agreement on what needs to be done. As a group, come up with an overall list of issues and needs, including councilmembers’ ideas and residents’ concerns. Narrow down that list to a workable number of problems and needs to be addressed. Step 2. Set goals Once you’ve developed a focused list of needs or problems, describe what you hope to do to eliminate each problem or meet each need. The goals you express may be both community goals and goals for your particular governing body to accomplish. Step 3. Set objectives Objectives are the specific short-term strategies to meet your goals. They are statements of accomplishments to reach within a specific time frame. By setting objectives, the council can focus on a series of realistic goals and can then determine the resources needed to accomplish them. Step 4. Set priorities Setting priories is the most important step in the goal-setting process. Comprehensive goal setting results in more objectives to accomplish than is possible in the time available, so you’ve got to set priorities. Decide what areas need attention now and which ones can be delayed. A simple rating and ranking exercise can help you determine which areas are of highest concern. Step 5. Start an action program Once you’ve decided on goal priorities, work with staff to develop specific programs and timelines to meet your goals. Step 6. Evaluate the results You’ll want to establish a formal process for evaluating goal progress. Are you reaching them? Are they still appropriate? Do any need to be dropped or altered? Additional resource: Local Government Performance Center, Washington State Auditor’s Office AGENDA ITEM #13. b) 13 The mayor’s leadership role Some of the mayor’s leadership roles Ceremonial role The mayor’s participation in local ceremonial events is a never-ending responsibility. On a daily basis, the mayor is expected to cut ribbons at ceremonies to open new businesses, break ground for construction of new city facilities, and regularly appear at fairs, parades, and other community celebrations. The mayor also issues proclamations for a variety of purposes. As featured speaker before professional clubs, school assemblies, and neighborhood groups, the mayor can expect to be interviewed, photographed, and otherwise placed on extensive public display by the media. Intergovernmental relations Your city does not operate in a vacuum. Cities must work within a complex intergovernmental system. Keep in contact and cooperate with your federal, state, county, and school officials. Get to know the officials of neighboring and similarly- sized cities. Mayors take the lead in representing their local government to those from outside the community who are interested in joint ventures – including other local governments, regional organizations, and federal and state government representatives. In this area, mayors promote a favorable image of their local government and pursue resources that will benefit the community. Public relations Mayors inform the public, the media, and staff about issues affecting the community. This role is critical in building public support and facilitating effective decision-making by the council. Working with residents The most important trait a new official can cultivate is the simple ability to listen. You will quickly find that when frustrated city residents call on you to complain, they do not come to listen – they come to talk. So let them. Make an effort to keep your constituents informed, and encourage participation. Expect and respect complaints. Make sure your city has a way to effectively deal with them. Sitting in your position of new responsibility does not allow you to forget the people who elected you to office. They expect you to keep them informed and to give them an opportunity to express themselves. If you do this, you will surely increase your chances for success as a public official. Dealing with the media The media is your best contact with the public – it informs the community about what is happening and why. A good working relationship is mutually beneficial to both you and the media. Through the media, you have the opportunity to comment publicly on local issues and inform residents of city activities. If you work hard to cultivate that relationship, you can ensure that the media have all the facts and provide accurate, fair coverage of city issues. Public relations • Remember that what you say, privately and publicly, will often be news. You live in a glass house. Avoid over- publicizing minor problems. • Don’t give quick answers when you are not sure of the real answer. It may be embarrassing later on. AGENDA ITEM #13. b) 14 Practical advice Helpful pointers from other Washington mayors. Leadership ... • Lead by example. Be honest, consistent, and flexible. Don’t play games. • Use common sense. If your heart, mind, and gut agree, then go for it. • Don’t get stampeded into action by the strong demands of special interest groups. Your job is to find the entire community’s long-term public interest, and you may be hearing from a vocal minority. • Be clear on what you stand for. List ten things you believe in. • A new mayor should have goals. Make a list of things you want to accomplish. But don’t act rashly and assume that only you know the best way to accomplish things. Every issue will benefit from additional discussion. Your perceptions may change. • Sometimes we underestimate the potential impact of a mayor’s leadership. Use the dignity of your office to help the community get past contentious issues. • There is a tremendous amount of discomfort in making very public decisions. Sometimes the decisions feel like the end of the earth. It’s easy to fear the political consequences. But it is important to look a little more long- term in perspective, weigh everything, and reach good decisions. • Know that you won’t be able to satisfy everyone. If you try, you won’t be able to demonstrate leadership. Listen fairly, listen thoughtfully, and then do what’s right. • Most of the easy decisions got made a long time ago. Many decisions that need to be made can be very painful – but you can’t solve those big problems without pain. “We’re busy electing barometers, when what we really need are compasses.” – Author unknown AGENDA ITEM #13. b) 15 The mayor as chief executive Chapter 5 The mayor as chief executive Most people understand that the mayor is the chief executive of the city. When there is a serious emergency, such as a flood, residents properly assume that it is the mayor who has the authority to take charge. Unfortunately, it is also assumed by some mayors that their power is almost supreme, even in the absence of an emergency. Though the mayor has executive authority in a mayor-council city, that authority is defined by state law and must be exercised in a manner consistent with policy decisions made by the city council. There are statutory limitations both on what you can do and how you can do certain things. Appendix 1 lists the specific statutes that grant powers and responsibilities to the mayor. This chapter provides an overview of your chief executive responsibilities. Administrative/policy maker distinction Again, it is the council’s role to adopt policies for the city and it is the mayor’s role to administer or carry out those policies. The distinction sounds simple, but it can cause confusion and animosity. Though a mayor does not set policy, as the elected chief executive it is certainly appropriate for the mayor to bring policy options and recommendations to the council. That is part of the leadership role of the mayor. That leadership role is particularly evident in the budget process, where the mayor submits a preliminary budget to the council as a proposed guideline for city priorities. So, who actually runs the city? In many of the smaller towns and cities in Washington, the city clerk is the person at city hall who does a lot of the day-to-day administration of the city. The clerk’s duties are established by state statutes and city ordinances – this person is typically in charge of administration when the mayor is not at city hall. In many cities, the mayor is employed full-time in another job and does not have the time to be at city hall taking care of administrative details. The mayor’s salary in most municipalities clearly indicates that the job is not full-time. As cities grow and the complexities of city administration become more difficult for a part-time mayor and a city clerk to handle, some cities choose to create a new position titled “administrative assistant,” “city administrator,” or “executive assistant” to help with city administration, under the direction of the mayor. The individual in such a position is generally appointed by the mayor and performs tasks within the statutory authority of the mayor. The council can establish the qualifications and the duties of the position. Only about a dozen Washington cities currently have full-time mayors, though a growing number of cities have individuals who work full-time as executive assistants to the mayor, as described above. Some cities have chosen to change to a council-manager form of government when there is a consensus that a professional administrator could better handle the city administration. The decision of whether a city should have a professional city administrator or city manager is complex, involving politics, finances, and the views of the people. AGENDA ITEM #13. b) 16 Responding to resident complaints Residents often contact the mayor when they have a problem, whether it involves a land use matter, a barking dog, or a pothole. Work with staff to resolve problems, keeping in mind that you are not the individual with all the answers. For instance, as land use planning becomes more complex, don’t be tempted to give a quick answer or promise to a landowner before checking with the city’s planning department or reviewing the city’s development regulations. Consider referring callers to the staff person with the expertise, then follow up to make sure the matter has been handled appropriately. If a matter is normally handled by the police department, direct the complainant to the police department. City staff will appreciate your involvement if you make the proper referrals, and if you are careful to not make promises that are inconsistent with city procedures or policies. If word gets out that complaining to the mayor gets a more prompt response to minor nuisance problems, you are bound to receive a lot of those calls. Did the people elect you to solve the barking-dog problem, or did they elect you to make sure that city staff properly handle these minor issues? Relationship with the city attorney In most cities, the mayor appoints the city attorney, whether that position is full- time or part-time. In some cities, the council takes an active role to arrange for the provision of legal services through a contract. Regardless of how the position is established, remember that although the mayor typically has more contact with the city attorney than the councilmembers or city staff, the city attorney’s job is to advise all city officials. Sometimes councilmembers feel that the city attorney is the mayor’s attorney, particularly if the city attorney generally supports the mayor’s position in situations where the answer is unclear. A mayor cannot prohibit the council from accessing the city attorney for advice. For financial reasons, the mayor may feel that questions to the city attorney should be channeled through the mayor, to avoid possible duplication and to make sure that the questions are presented clearly. Ultimately it is up to the council to establish procedures on how to provide city attorney services. Some smaller cities try to minimize legal service fees by having the city attorney skip regular council meetings. That can be thrifty, but shortsighted, particularly when the council is dealing with controversial matters such as land development, or complex procedural issues such as local improvement districts. AGENDA ITEM #13. b) 17 Make your attorney’s job easier Inform the city attorney ahead of time when you see a legal issue brewing. No attorney wants to be asked a complex question at a council meeting without prior warning. Instead of asking the city attorney without warning: “Can we do _____?”, give your attorney time to research the issue and ask: “How can we do _____?”. City attorneys often get frustrated by frequently informing the mayor and council that they cannot do something. They would rather use their creativity to come up with alternate ways to legally accomplish an objective. The attorneys at MRSC are another good source of legal expertise. Please keep in mind that their advice is based on the facts you provide. Sometimes there are special factors involved, perhaps unique to your city. That is why MRSC will sometimes advise you to review an issue with your city attorney instead. Public records disclosure You are legally obligated to disclose city documents to the public upon request. For example, when there is a request from the public to disclose a city document, the city must respond to the disclosure request in writing within five working days. The short turnaround time requires that city staff have clear guidelines for how to process these requests. Most cities have adopted public disclosure procedures. If your city has not yet adopted public disclosure policies, consider making that recommendation to the council. Many city records are exempt from disclosure, and there are even statutes that prohibit disclosure of some records. (See Appendix 3, Public records disclosure, for more details on what is disclosable.) The Open Government Trainings Act requires elected officials to receive training on public records, the Open Public Meetings Act (OPMA), and records retention within 90 days of taking office and every four years thereafter. In partnership with MRSC, AWC provides the courses for free online. The eLearnings are available to watch anytime, and meet the Open Government Trainings Act requirement. Emergency management In mayor-council cities, the mayor is statutorily in charge when there is an emergency or disaster. RCW 38.52 contains the state statutes requiring that every city and town adopt an emergency management plan. Some cities choose to join with other cities or the county to create a joint emergency management agency. Together they select a director and grant them extensive authority to cope with an emergency. The city clerk can provide you with a copy of your city’s emergency management plan. Read it. Keep a copy readily available in both your office and at home. When a disaster happens, you may need to coordinate the emergency response. Depending on the emergency type and its duration, you may want to seek consultation or approval of the council for certain actions, if feasible. (See Appendix 1, Overview of statutes, for further discussion of emergency management.) The mayor as chief executive AGENDA ITEM #13. b) 18 Personnel management The statutes generally give the mayor or city manager, as chief executive, broad authority to hire and fire employees. (See Appendix 1, Overview of statutes.) Realize, however, that employee lawsuits can be one of your largest areas of potential liability. There are legal limitations on the actions you take in hiring, discipline and discharge: • State and federal laws, court decisions – Laws relating to anti-discrimination, overtime compensation, safety, sexual harassment, and many others. • The city’s personnel policies – Policies passed either as an ordinance or adopted as administrative policies. • Civil service – Except for very small cities, most police and fire employees are protected by civil service. Some charter cities also provide civil service coverage for other city employees. Civil service governs hiring processes and provides hearings for disciplinary actions. Your actions may be subject to appeal to the local civil service commission (RCW 41.08 and 41.12). • Union contracts – The terms of the labor contract prevail over other local regulations, including civil service rules and personnel rules. In many contracts, a grievance procedure provides for disciplinary appeals to an outside arbitrator. Before you jump… Prior to taking any serious disciplinary action, consult with your attorney. Your liability insurance carrier may also provide some preventative legal assistance. Another tip is to have good and consistent personnel policies. Current and clearly- written policies help avoid lawsuits, promote consistency, and contribute to employee morale. In any disciplinary action – hasten slowly. AGENDA ITEM #13. b) 19 Labor relations Unions have a significant presence in Washington cities. Most city employees have the right to organize under the state Collective Bargaining Act and have joined statewide unions or have formed local associations (RCW 41.56). In particular, most police and fire departments are well-organized. Except for very small cities, police and fire are also subject to interest arbitration when an impasse in bargaining occurs. This can create a unique dynamic in police and fire negotiations. Labor relations advice • Know the terms of your labor contracts. • You can’t change wages, hours or working conditions without bargaining these issues with the union. This means you can’t unilaterally implement a change in benefits, for example, without risking an unfair labor practice. • You may or may not choose to be on the bargaining team. Be aware of the disadvantages – the process is very time-consuming and may affect your day- to-day relationships with employees. Because city employees are often your constituents, you may have unions putting political pressure on you. Some cities hire professional consultants to bargain on behalf of management. The mayor as chief executive Question & answers Q. What is the role of the city council regarding employee discipline, and what input can the council have concerning performance appraisals of employees? A. Though the council may be concerned about employee discipline and how certain employees are performing their duties, the council should not be involved in any individual situations. While the council can establish personnel policies and voice their concerns to the mayor, it is solely the mayor’s job to discipline and supervise city employees, including conducting performance evaluations. Q. Is the mayor required to inform councilmembers prior to terminating or disciplining a city employee? A. No. However, when a particular termination or discipline is likely to be controversial, the mayor may want to notify the council and explain the decision in an executive session. Disciplinary and termination decisions should be reviewed with the city attorney first. The mayor and councilmembers should be careful to not discuss specific cases outside of an executive session. AGENDA ITEM #13. b) 20 Practical advice Helpful pointers from other Washington mayors. Working with staff ... • Hiring good people is what it’s all about. Get the best that you can. Take your time. It can be incredibly costly to undo a bad hiring decision. • Get to know staff. Learn what they do. • Listen to your staff. Give them as much responsibility as they can handle. Task your employees with the responsibility to create new ideas and better ways to get stuff done. • Keep perspective. The people who helped get you elected may not always be the right people to help you run the city. • Say thank you! Let folks know how much you appreciate them and give credit where credit is due. • Treat staff with respect. They are a very valuable asset. • Be consistent. Treat everyone the same. • Formalize your city’s personnel rules and regulations. Make sure the rules are clear. • Keep your employees informed. Stay in touch with decision-makers on the front line and those who are in frequent contact with the people. • Budget money for and encourage your staff to attend professional meetings and seminars. These learning opportunities and the personal contacts can be invaluable to your city. AGENDA ITEM #13. b) 21 The job of a councilmember Chapter 6 The job of a councilmember The principal job of a city or town council is to set policy. A policy is a course of action for a community. Policymaking often takes the form of passing ordinances or resolutions. After policy decisions are made by the legislative body, others perform the administrative task of implementing the policies. The distinction between formulation and implementation may not always be clear, necessitating open communication between legislators and administrators. Adopting policy The council does not make policy in a vacuum. Councils rely on ideas from many sources, including the council staff, community groups, advisory committees, chambers of commerce, and others. It is the council’s responsibility to consider the merits of each idea and then approve, modify, or reject them. In doing so, councilmembers analyze community needs, program alternatives, and available resources. The decision often takes the form of an ordinance or resolution, although it may take the form of a rule, regulation, motion, or order. The budget and comprehensive plan are powerful policy tools that are adopted by ordinance. So, who actually runs the city? It is important to recognize that it is not the role of the councilmember to administer city affairs. The council sets policy, but it is either the mayor (in mayor- council cities), or the city manager (in council-manager cities), who actually implements the policies. This means that it is not the role of the councilmember to supervise city employees on-the-job or become involved in the day-to-day administration of city affairs. This can be a source of conflict between the executive and legislative branches of city government. Responding to constituent complaints Residents often contact a councilmember when they have a problem, whether it involves a land use matter, a barking dog, or a pothole. Don’t hesitate to send them to the appropriate city staff person for resolution of their problems. Keep in mind that you lack the authority to take action in administrative matters. Relationship with the city attorney In most cities, the mayor appoints the city attorney, whether that position is full- time or part-time. In some cities the council takes an active role to arrange for the provision of legal services through a contract. Regardless of how the position is established, remember that although the mayor or city manager typically has more contact with the city attorney than the councilmembers or city staff, the city attorney’s job is to advise all city officials. Sometimes councilmembers feel that the city attorney is the mayor’s or manager’s attorney, particularly if the city attorney generally supports the mayor’s or manager’s position in situations where the answer is unclear. AGENDA ITEM #13. b) 22 Neither the mayor nor the city manager can prohibit the council from accessing the city attorney for advice. For financial reasons, the mayor or manager may feel that questions to the city attorney should be channeled through the executive’s office, to avoid possible duplication and to make sure that the questions are presented clearly. Ultimately, it is up to the council to establish procedures on how to provide city attorney services. Some smaller cities try to minimize legal service fees by having the city attorney skip regular council meetings. That can be thrifty, but shortsighted, particularly when the council is dealing with controversial matters such as land development, or complex procedural issues such as LIDs. Personnel management The statutes generally give the mayor or city manager, as chief executive, the broad authority to hire and fire employees. The city council, however, determines the number of employees that can be hired and those employees’ duties. The council establishes salaries and other forms of compensation paid to city workers. The council may also establish job qualifications. One piece of advice is to have good, consistent personnel policies. Up-to-date, clearly written policies help avoid lawsuits, promote consistency, and contribute to employee morale. Labor relations Unions have a significant presence in Washington cities. Most city employees have the right to organize under state law and have joined statewide unions or formed local associations. The city must negotiate labor contracts with these unions over wages, hours and working conditions. In particular, most police and fire departments are unionized. Except for very small cities, police and fire unions have access to interest arbitration when an impasse in bargaining occurs. This can create a unique dynamic in police and fire negotiations, given the potential for an outside arbitrator to make decisions regarding wages, benefits and contract language. Open government laws Compliance with public disclosure and open meetings builds trust with your community. The Open Government Trainings Act requires elected officials to receive training on public disclosure, the Open Public Meetings Act (OPMA), and records retention within 90-days of taking office and every four years thereafter. In partnership with MRSC, AWC provides the courses for free online. The eLearnings are available to watch anytime, and meet the Open Government Trainings Act requirement. Question & answers Q. What is the role of the city council regarding employee discipline, and what input can the council have concerning performance appraisals of employees? A. Though the council may be concerned about employee discipline and how certain employees are performing their duties, the council should not be involved in any individual situations. While the council can establish personnel policies and voice their concerns to the mayor, it is solely the mayor’s job to discipline and supervise city employees, including conducting performance evaluations. Q. Is the mayor or city manager required to inform councilmembers prior to terminating or disciplining a city employee? A. No. However, when a particular termination or discipline is likely to be controversial, the mayor may want to notify the council and explain the decision in an executive session. Disciplinary and termination decisions should be reviewed with the city attorney first. The mayor and councilmembers should be careful to not discuss specific cases outside of an executive session. AGENDA ITEM #13. b) 23 The job of a councilmember Local laws – ordinances and resolutions How does the council adopt policy? Typically, a council will adopt policy by passing ordinances and resolutions at council meetings. Difference between ordinances and resolutions An ordinance is a local law of a municipal corporation, prescribing general rules of conduct. Ordinances are used for a variety of purposes, including administrative actions such as establishing offices and setting salaries, or they may be used for actions that control the conduct of the public. An ordinance is a legislative enactment, within its sphere, as much as an act of the state Legislature. A resolution, on the other hand, is typically an act that is less solemn or formal than an ordinance. Consider it the official body’s expression of opinion. Legislation must be enacted via ordinance. Deciding what constitutes legislation may require reference to case law, but the general guiding principle is that “[a]ctions relating to subjects of a permanent and general character are usually regarded as legislative, and those providing for subjects of a temporary and special character are regarded as administrative...” (Durocher v. King County, 80 Wn.2d 139, 153, 492 P.2d 547, 1972). When deciding whether to use an ordinance or a resolution, first refer to the city charter and state law (RCW). Some state statutes clearly define which action is needed, others leave it to the discretion of the legislative body. If the charter and the code are silent as to the mode of decision-making, and the action is not “legislation,” then either a resolution or an ordinance may be used. Rules for adopting ordinances The state statutes for each class of municipality do contain some procedural requirements which govern the ordinance adoption. However, these procedural requirements are generally not complicated and do not require an elaborate adoption procedure. For a comprehensive discussion of adoption procedures, including information on requirements for signatures on ordinances and publication of ordinances, see MRSC Report No. 50, which is entitled Local Ordinances - The Drafting, Compilation, Codification and Revision of Ordinances. Many cities and towns have adopted local rules of procedure that relate to the adoption of ordinances, and these, of course, must be followed. For example, although the state statutes do not require that an ordinance be read more than once (in most circumstances) prior to adoption, many local rules of procedure do contain such a requirement. Therefore, it is important that councilmembers familiarize themselves with the local rules of procedure, as well as the state statutory requirements in regard to adoption requirements for ordinances. An ordinance is a local law of the city. A resolution is typically an act that is less formal than an ordinance. AGENDA ITEM #13. b) 24 Practical advice Helpful pointers from other elected officials. Leadership ... • Lead by example. Be honest, consistent, flexible. Don’t play games. • Use common sense. • Don’t be stampeded. You may receive strong demands from special interest groups. Your job is to find the long-term public interest of the entire community. • Be clear on what you stand for. List 10 things you believe in. • A new councilmember should have goals. These are things you want to accomplish. But don’t act rashly and assume that only you know the best way to accomplish things. Every issue will benefit from additional discussion. Your perceptions may change. • Use your role as a leader. The dignity of your office can help the community get past contentious issues. • It can be uncomfortable to make very public decisions. Sometimes the decisions feel like the end of the earth. It’s easy to fear the political consequences. But it is important to look a little more long-term in perspective, weigh everything, and reach good decisions. • Know that you can’t satisfy everyone. Listen fairly and thoughtfully, and then do what’s right. Working with staff ... • Get to know staff and what they do. • Say thank you! Let folks know how much you appreciate them and give credit where credit is due. • Treat staff with respect – they are a very valuable asset. • Be consistent. Treat everyone the same. • Budget money for and encourage your staff to attend professional meetings and seminars. These learning opportunities and the personal contacts can be invaluable to your city. AGENDA ITEM #13. b) 25 Chapter 7 Legislative advocacy Many city officials don’t realize just how much influence they have to help make changes at the state level. You are one of your legislator’s constituents, and the experiences and city stories you share can yield positive results. Use the time between legislative sessions (interim) to meet with your legislators. During the legislative session, you are lucky to have 15 minutes for a meeting, yet this is when most people try to talk to their legislators. Think differently! Schedule meetings with your legislator throughout the year, particularly during the interim. Once you have a meeting with your legislator, it’s important that you make the most of it. Come prepared and consider the following: • Brief legislators about your challenges and opportunities. • Ask for monthly meetings or calls with your city, or a group of cities. • Tell stories about real impacts on your constituents. • Keep materials clear and concise. Cover 3-5 issues at most. • Ask for clear commitments to work on your issues. • Connect with legislative staff. They are often the subject matter experts for legislators. Develop a legislative agenda Tell your legislators what you want from them. You can do this simply and effectively by developing and sharing your city’s legislative agenda. City councils can vote to take official positions on state issues that affect the city. A legislative agenda is a good way to get your legislator’s attention and tell them your priorities. • Keep it short and simple – one page only. • Get your city council to adopt it in the fall, before session begins. • Include capital needs along with policy priorities. • Incorporate AWC’s Legislative Priorities into your agenda. • Make it public. Post it on your city’s website, put it in your newsletters, and insert it into utility bills. • Work with your local media for coverage. Additional resources: AWC’s City Action Days Conference (every winter in Olympia) Legislative Bulletin, provided weekly throughout the legislative session and monthly the rest of the year Strong Cities, Great State Pocket Guide PDC’s Public Agency Lobbying Handbook Public Disclosure Commission Legislative advocacy AGENDA ITEM #13. b) 26 Communicate with your constituents If you aren’t communicating with your constituents about how your legislative agenda is faring, then who is? You and your legislators have the same constituents. Make sure your shared constituents know how decisions made in Olympia affect them at home. This is a powerful way to create legislator accountability. • It is your responsibility to tell the public how their legislators are supporting your community. No one else will do this. • Communicate with your constituents through city council meetings, public access TV, social media, and newsletters. • Use your influence with community groups to make sure they know the full story. If you lobby, you may need to report to the PDC Cities that conduct lobbying activities either through a contract lobbyist, directly with in-house staff, or with city councilmembers may need to report to the Public Disclosure Commission. Those that hire a contract lobbyist must file a report. Cities that have in-house staff or elected officials who spend more than four days a quarter directly lobbying the Legislature may need to complete a report. For more information on reporting requirements and how to file, visit the PDC’s website. Cities that fail to comply with reporting requirements on lobbying activities may be subject to penalties from the PDC. AGENDA ITEM #13. b) 27 Chapter 8 Budget basics The budget is one of the city’s strongest policymaking tools. Spending guidelines reflect numerous policy decisions. The budget message can give a clear view of city policy on many issues. It describes in narrative form significant items in the budget, financial trends, and the policy implications. Setting policy through the budget is a continuous, yearlong process. It involves setting goals and establishing priorities. Public participation is critical to the budget process, and is required by law, because of the many policy decisions involved. Once a budget is adopted, the mayor or city manager is responsible for carrying out the budget and councilmembers are responsible for monitoring program progress through periodic reports from staff and from the community. If programs are not effectively implementing policy decisions, revisions can be made. The three types of budgets: • Operating budget – These funds are for delivering services like police, fire, parks and library. The operating budget enables you to set policy. When most people think about their city’s budget, they’re referring to the operating budget. The operating budget is financed from the city’s ongoing general revenue sources. • Utility services – These city-provided services are separately funded through user fees and taxes. Most cities provide sewer/water, many provide garbage and a few cities provide electricity, natural gas, and/or transit. • Capital budget – This budget determines what capital improvements will be bought or built over several years, and how they will be financed. The legal document State law governs municipal budgets. Although no uniform budget document exists for cities, cities must use uniform revenue and expenditure categories specified by the state auditor (known as the BARS system). Cities can use either annual or biennial budgets, but most use annual. In Washington, budgets must be balanced – anticipated revenues must equal forecasted expenditures. Unexpected revenues can be appropriated by a supplemental budget modification or can be allocated to reserve funds or to the following year’s beginning balance. Expenditures which exceed revenues can be made only by the council transferring funds from reserve accounts (subject to council approval) or by issuing interest bearing warrants. In Washington, budgets must be balanced – anticipated revenues must equal forecasted expenditures. Budget basics AGENDA ITEM #13. b) 28 Budgeting methods Cities and towns use three budgeting methods: • Line-item or incremental budgets are used by most local governments. The budgets are prepared by adding proposed spending increases to current expenditure levels. It lists how much money will be spent on every item in a department. While this is the easiest budget method, it makes it difficult to analyze service delivery. • Program budgets focus on specific services or outputs, and involve allocating resources to obtain desired goals. This approach makes it easier to set priorities and select among competing programs and service alternatives, but is more staff intensive. • Zero-base budgeting is a nontraditional budget process in which “decision packages” are prepared for various levels of service for each activity. Programs and activities are reviewed and ranked according to how they meet the city’s goals. The lowest ranking programs may be reduced or discontinued. Zero-base budgeting requires a high level of analysis and preparation. The budget calendar State law defines a city budget calendar, which specifies the timetable for completing the various steps leading to the budget’s adoption. Many cities supplement the calendar with increased budget preparation during the summer, finance committee meetings during the fall, and ongoing budget reviews throughout the year. Although many cities start the process earlier, the law requires department heads to prepare expenditure estimates for the coming year no later than the second Monday in September. The process ends when the final budget is adopted on or before December 31. Between these two dates, the clerk or other staff prepares the proposed preliminary budget for the mayor, the mayor or staff drafts the proposed budget and presents it to the council, and public hearings are held. The complete budget calendar, as spelled out in the statutes, along with the dates for the current year, is published each year in MRSC’s Budget Suggestions. The mayor/city manager’s role The state statutes provide details concerning the mayor/city manager’s responsibility to prepare the preliminary budget and a “budget message.” Their authority to make transfers within individual funds is also spelled out in the statutes. (See Appendix 1) Additional resources: Budget Suggestions, MRSC Budgeting basics, AWC eLearning A Revenue Guide for Washington Cities and Towns, MRSC Local Government Performance Center, Washington State Auditor’s Office AGENDA ITEM #13. b) 29 Putting the budget together Let’s look at the actual budget process. It is definitely a team effort involving the mayor or city manager, council, and staff. Setting policy The council sets public policy in two major ways: by enacting ordinances during the year, and by establishing budgetary (taxing and spending) policies. Your city administration influences policy through budget implementation and recommendations to the council as to what is needed. Estimating expenditures Department heads prepare estimates based upon a projection of current trends, a forecast of the effect of new programs, and an estimate of what is needed to pay remaining bills. Reviewing estimates The mayor or city manager (in a council-manager city) reviews the department requests, taking into account policy objectives and priorities for new or expanded programs. It’s a give-and-take process, sometimes with department heads lobbying for their program or service. What develops is a preliminary budget. Estimating revenues While expenditures are being estimated, the city’s finance officer looks at revenues. Two key questions are raised: What factors impact future revenue flows, and what are the estimated level of revenues for the upcoming budget period? Once these questions are answered, revenue estimates should not be changed to accommodate additional spending desires. Forecasting budgets Although it’s an optional step, forecasting your projected revenues and expenditures for up to five years helps determine whether your city can maintain its service levels. This long-term analysis helps pinpoint whether any corrective actions are necessary. Preparing the document The mayor/staff prepares the draft budget for council review. The actual budget document typically contains four parts: a budget message; a summary schedule of revenues and expenditures; detailed revenue elements; and expenditure details, with dollar and workload implications. Adopting the budget The mayor or city manager presents the budget to the council and the public for review and adoption. Some cities use a budget committee for review. Hearings are held with department heads and with the public to review expenditure requests. Once the hearings are completed, a budget ordinance is enacted. The ordinance authorizes funding specific expenditures with specific resources. Budget basics AGENDA ITEM #13. b) 30 Implementing the budget The mayor/city manager’s job is to implement the budget adopted by the council and to provide the council with periodic reports that show a comparison of accrued revenues and expenditures to the budget projections and appropriations. The law also requires the city to present a report of remaining expectation and unexpended balance for each appropriation to the council on a quarterly basis, however depending upon the financial condition of the city, it may be appropriate to provide a report more frequently. It is important to carefully monitor these budget results, which may be a function of the mayor’s office. State audit Each city is audited by the Washington State Auditor’s Office (SAO), and the audit includes an assessment of the internal control procedures over this monitoring routine. The financial condition of each of the city’s individual funds should be reviewed in a documented procedure that will provide SAO with the information needed for this audit assessment. In particular, the auditor’s office reviews budget adjustments and strategies to resolve shortfalls and unanticipated expenses. Documented communications between the mayor’s office and the council will demonstrate these strategies and assist with the auditor’s evaluation of financial condition and internal controls over the implementation and monitoring of the budget. A copy of the report should be on file in your city’s administrative office. An inside look Now that you know how the budget works, it is important to understand what the budget is – and what it is not. The budget: • Expresses your community’s priorities. • Works as a plan to identify resources and expenditure flows. • Operates an annual work program by identifying objectives, guiding program management, and evaluating existing expenditures. • Responds to change. The budget process is dynamic – it must be flexible to meet public needs, keep up with technology, and adjust to financial circumstances. But the budget can’t do it all. It will not: • Be precisely accurate. The budget relies on estimates based on forecasts. • Create efficiency. The budget is a resource allocation plan. It can’t overcome obstacles in your management or staff structure. • Establish public policy. Public policy is established through careful discussion before the budget is prepared. • Make everyone happy. There will be winners and losers! Budget do’s & don’ts Do: • Find good basic training. AWC offers the Municipal Budgeting & Fiscal Management workshop annually. • Evaluate materials and data carefully before you speak. • Show your appreciation for staff. Respect their experience. • Explore creative ways to meet your city’s needs. Don’t: • Expect to be an instant expert. • Drown in details. • Criticize previous budgets until you know all the facts and can correctly interpret them. • Try to immediately change traditional budget practices. AGENDA ITEM #13. b) 31 Chapter 9 Resolving and preventing mayor-council conflict It is essential that mayors and councilmembers understand their roles and how they relate to each other and staff. Many conflicts in city governments happen due to role confusion, resulting in overstepping the boundaries between the respective roles. Although the boundaries are not always clear, the basic roles of the mayor and council are derived from the basic structure of city government, whether yours is the mayor-council or council-manager form. There is some variation in the powers and duties of mayors and councils between classes of cities, so be aware of the specific rules applicable to your class of city. Separation of powers Like the federal and state governments, a city government’s powers are distributed among three separate branches: legislative, executive, and judicial. • The city council is similar to the state Legislature or Congress. • The mayor or manager, like the governor and the president, heads the executive branch. • The municipal court (or the district court by contract) exercises judicial functions, although in a more limited way than the state or federal courts. Under the “separation of powers doctrine,” each of the three branches exercises certain defined powers, free from unreasonable interference by the others; yet all three branches interact with each other as part of a “checks and balances” system. The powers of these branches in city government are defined for the most part by state statute. The mayor or city manager’s authority As the chief executive and administrative officer of the city, the mayor or city manager is in charge of carrying out the policies set by the council and seeing that local laws are enforced. The mayor or city manager is basically in charge of the day-to-day operation of the city, including the supervision of all appointed officials and employees. The mayor or city manager oversees the hiring and firing of all appointed officers and employees, subject to civil laws, where applicable. Except for those in towns, councils have some authority to require confirmation of the appointment of certain officials. Councils may not, however, require confirmation of firings by the mayor or city manager. The mayor or city manager is basically in charge of the day- to-day operation of the city, including the supervision of all appointed officials and employees. Resolving and preventing mayor-council conflict AGENDA ITEM #13. b) 32 In general, the mayor or city manager also has the authority to: • Enforce contracts. • Bring lawsuits, with council approval. • Preside over council meetings and, in some classes of cities, exercise some tie-breaking authority with respect to council votes and veto authority over ordinances. • Call special meetings of the council. • Prepare a proposed budget. • Report to the council on the financial and other affairs and needs of the city. • Approve or disapprove all official bonds and contractor’s bonds. • The mayor performs as ceremonial head of the city. Consistent with the separation of powers doctrine, the council is not authorized to interfere with the mayor’s administration of city government. Councilmembers may not give orders to department heads or to other city employees. To do its job, however, the council needs information on how the city is operating. The mayor, either directly or through other city staff, must provide that information and should do so in a timely and useful fashion. Council powers In general, it is the council’s role to adopt policies for the city and it is the mayor’s role to administer or carry out those policies. The council, being legislative, has the power to enact laws and policies, consistent with state law, usually through the enactment of ordinances and resolutions. The council also has specific authority to: • Enact a city budget. • Define the powers, functions, and duties of city officers and employees. • Fix the compensation of officers and employees. • Establish the working conditions of officers and employees. • Maintain retirement and pension systems. • Impose fines and penalties for violation of city ordinances. • Enter into contracts. • Regulate the acquisition, sale, ownership, and other disposition of real property. • Provide governmental, recreational, educational, cultural, and social services. • Impose taxes, if not prohibited by state law. • Cause the city to own and operate utilities. • Approve claims against the city. • Grant franchises for the use of public ways. • License, for the purpose of revenue and regulation, most any type of business. In addition, the council is authorized to enact rules governing its procedures, including for public meetings and hearings. AGENDA ITEM #13. b) 33 The blurred line between policy and administration Of course, things do not always run smoothly between the council and the city administration, and the line between policy and administration is sometimes not very clear. One frequent source of conflict is personnel matters. The council may not like a mayor or city manager’s appointment to a particular position, or it may be dissatisfied with the performance of certain officers or employees. An employee may complain to and seek relief from the council about some aspect of employment. On the other hand, the executive may believe that certain personnel policies interfere with his or her supervision of employees and hiring and firing authority. The mayor or city manager may direct that all communications with city staff go through the mayor’s office. The council, in response, may feel that the mayor is unlawfully restricting its access to city personnel for information purposes. Whose role is it? The remedy for some of these situations may be to review the respective roles of the mayor and the council and to understand the limitations of their respective authorities. For example, if the council is not happy with a mayoral appointment, there may be nothing the council can do directly within the bounds of its authority. However, if it has the authority to confirm a particular appointment, it can reject the appointee and force the mayor to choose another. If the council does not have confirmation authority, it can express its dissatisfaction to the mayor, but it can do nothing else with respect to that particular appointment. The council may, however, provide for a detailed personnel system that establishes specific qualifications for positions, requiring publication and public posting of job opening announcements. Moreover, the mayor or city manager, at least in code cities, is required by statute to make appointments “on the basis of ability and training or experience.” Similarly, if the council feels that an officer or employee is performing poorly and should be disciplined or fired, it can say so to the mayor or city manager, but it has no power to do anything else. Although it controls the salaries paid to city officers and employees, it may not lower a salary with the purpose of causing the person holding that position to quit. A rule to follow is that the council (and the mayor) may not do indirectly what it cannot do directly. Resolving and preventing mayor-council conflict “The most important single ingredient in the formula of success is knowing how to get along with people.” – Franklin D. Roosevelt AGENDA ITEM #13. b) 34 Council and staff communication On the issue of communication between the council and city officers and employees, the mayor or city manager may not prevent councilmembers from gaining information, although they could reasonably regulate the process by which requests or questions are made. If councilmember inquiries of city employees are interpreted as harassing or unreasonable and may take them away from their duties, it may be necessary for the mayor or city manager to require those inquiries to be channeled through the mayor’s or a department head’s office, if that can be done without unduly encumbering council access to information. Conflict in the finance arena Finance and budgets is another fertile area for conflict. For example, the mayor or city manager may decide not to take full advantage of the budget authorized by the council. The council may authorize a certain position at a certain salary, and the executive may decide either not to fill the position or may do so at half time and half salary. The mayor or city manager may cite financial emergencies, such as revenues falling short of projections, and may conclude that the city cannot afford someone filling this position full time. The council, on the other hand, may not agree that the conditions warrant such action or may determine that a different cost-saving measure is appropriate and should be instituted. Resolution of this type of issue may prove particularly tricky. Although the mayor or city manager may not pay an employee less than is authorized by the council in the budget or in a separate salary ordinance, under certain financial circumstances, they may be able to partially fill a position, proportionately reducing the salary for the position. Legal authority, however, is hazy on such issues. The best strategy would be for the mayor or city manager and the council to work out a mutually agreeable accommodation. AGENDA ITEM #13. b) 35 Resolving conflicts There are other issues that will likely arise (and that have arisen in other cities) where it is not clear who has the ultimate authority to act, the mayor or city manager or council. In these situations, the council and the city administration could draw their respective battle swords and charge; or, one or both sides could first analyze the issue, perhaps seeking counsel of the city attorney or the consultants at MRSC. Some cities have also brought in an outside facilitator to help them resolve their conflicts. When the roles are not clearly defined in a particular situation, and the law is not clear, compromise may be in order. All sides need flexibility to meet the challenges of a well functioning city government. If the focus is on providing good government rather than on turf wars, councilmembers, mayors, and staff can better fulfill their roles as public servants. The municipal/district court’s authority over employees The presiding judge in municipal or district court is delegated the authority to supervise court employees and control the daily operation of the court in General Rule 29 of the Washington Court Rules (GR 29). Separation of powers issues can arise when the executive branch (i.e., the mayor) desires to terminate, appoint or otherwise discipline a court employee. These types of actions are not within the authority of the executive branch because RCW 3.50.080 and GR 29 reserve this authority for the presiding judge. The city council does retain the authority to set salaries and establish benefits for court employees. Note however, that courts must engage in good faith collective bargaining with court employees. The Washington State Supreme Court has determined that the requirement to bargain does not take away the court’s inherent power to control the daily operation of the court and supervise court employees. Washington State Council of County and City Employees v. Hahn, 15 Wn. 2d 13 (2004). Resolving and preventing mayor-council conflict Additional resources: Knowing the Territory - Basic Legal Guidelines for Washington City, County, and Special District Officials, MRSC AGENDA ITEM #13. b) 36 Mayor questions & answers Q. If the mayor is out of town on an extended absence, should the mayor still be paid the regular salary? A. Yes, if the salary is paid monthly and is not based on attendance at council meetings. It would be possible for a city council to pass an ordinance suspending salaries when elected officials are absent on extended trips, but the ordinance would only apply to officials elected after the effective date of the ordinance. Q. Can councilmembers contact the city attorney directly, or do they have to go through the mayor? A. Councilmembers have the right to seek advice directly from the city attorney. However, for practical reasons, some cities have established procedures whereby the questions to the city attorney are routinely funneled through the mayor, or the mayor’s permission needs to be obtained prior to calling the city attorney. Q. Does the council have the authority to declare certain police cars to be surplus, and then sell them, even if the mayor disagrees? A. Yes, because the decision to surplus major pieces of equipment is a policy decision, not an administrative decision. Q. Can the city council fire an employee? A. No, termination decisions are the sole responsibility of the mayor, though a mayor’s decision to terminate a civil service employee is generally appealable to the local civil service commission. Union employees may also be able to appeal such decisions to an arbitrator, if the labor contract provides for this. Q. Can the mayor of a code city authorize the purchase of a computer over the city council’s objection? A. The city council has final authority over budgeting and contracting. If the mayor would like to purchase a computer for use by a particular staff member, council approval is still required. The council can delegate purchasing authority to the mayor and administrative staff. Routine purchases which are clearly within the budget limits should be administrative decisions. Q. May the mayor refuse to carry out the directives of the council? A. In general, no. The mayor’s job is to carry out the policies enacted by the council. If a mayor believes that the city council is acting beyond its authority, or has adopted a policy which violates a statute or constitutional provision, the city attorney should be asked to provide a detailed opinion to guide the officials. Q. Can the city establish a city administrator position and transfer some of the mayor’s duties to that person? A. Though the council can establish the position and define the responsibilities of the job, the council has no authority to take powers from the mayor which have been granted to the mayor by state statutes. All staff work under the supervision of the mayor, and any city administrator is ultimately an assistant to the mayor. Q. If the mayor believes that it is crucial for certain city staff to attend training sessions held outside the city, can the council prohibit all such training? A. Because the council controls the budget, sets policy and approves contracts, the council could prohibit expenditures for such training. The mayor would need to convince the council that the training is a priority, perhaps proposing other spending cuts which would free up money for the training. Practical advice Helpful pointers from other Washington mayors. Relationship with council ... • Appreciate each councilmember’s special skills. Get to know them personally. Find out what they think is important. Ask for their opinion. • Keep disagreements from getting too personal. As one councilmember said, “If we can’t sit up here and argue and then go out with the same people and have a cup of coffee, then we have no business being on the council.” • Always be courteous to other councilmembers. This includes new councilmembers who come on board with an agenda. Keep that door open. • A mayor needs to be open and honest. Give councilmembers all the background information they need on issues. Don’t do things behind people’s backs. Keep everyone informed. • Address conflict head-on. • Give the council enough information to make a knowledgeable decision. But don’t overdo it so much that they feel compelled to “micromanage.” • Laugh together. Share thoughts and dreams, and tell stories about yourself. Bring donuts! AGENDA ITEM #13. b) 37 Councilmember questions & answers Q. Can councilmembers contact the city attorney directly, or do they have to go through the mayor? A. Councilmembers have the right to seek advice directly from the city attorney. However, for practical reasons, some cities have established procedures whereby the questions to the city attorney are routinely funneled through the mayor or city manager, or the executive’s permission needs to be obtained prior to calling the city attorney. Q. Does the council have the authority to declare certain police cars to be surplus, and then sell them, even if the mayor/city manager disagrees? A. Yes, because the decision to surplus major pieces of equipment is a policy decision, not an administrative decision. Q. Can the city council fire an employee? A. No, termination decisions are the sole responsibility of the mayor/city manager, though a mayor’s decision to terminate a civil service employee is generally appealable to the local civil service commission. Union employees may also be able to appeal such decisions to an arbitrator, if the labor contract provides for this. Q. Can the mayor (or city manager) of a code city authorize the purchase of a computer over the city council’s objection? A. The city council has final authority over budgeting and contracting. If the executive would like to purchase a computer for use by a particular staff member, council approval is still required. The council can delegate purchasing authority to the mayor and administrative staff. Routine purchases which are clearly within the budget limits should be administrative decisions. Q. May the mayor (or city manager) refuse to carry out the directives of the council? A. In general, no. The executive’s job is to carry out the policies enacted by the council. If a mayor believes that the city council is acting beyond its authority, or has adopted a policy which violates a statute or constitutional provision, the city attorney should be asked to provide a detailed opinion to guide the officials. Q. In the strong-mayor form of government, can the city establish a city administrator position and transfer some of the mayor’s duties to that person? A. Though the council can establish the position and define the responsibilities of the job, the council has no authority to take powers from the mayor which have been granted to the mayor by state statutes. All staff work under the supervision of the mayor, and any city administrator is ultimately an assistant to the mayor. Q. If the mayor or city manager believes that it is crucial for certain city staff to attend training sessions held outside the city, can the council prohibit such trainings? A. Because the council controls the budget, sets policy and approves contracts, the council could prohibit expenditures for such trainings. The executive would need to convince the council that the training is a priority, perhaps proposing other spending cuts which would free up money for the training. Practical advice Helpful pointers from other elected officials. Relationships within council ... • Keep disagreements from getting too personal. As one councilmember said, “If we can’t sit up here and argue and then go out with the same people and have a cup of coffee, then we have no business being on the council.” • Always be courteous to other councilmembers. This includes new councilmembers who come on board with an agenda. Keep that door open. • Address conflict head on. Resolving and preventing mayor-council conflict AGENDA ITEM #13. b) 38 Roles of the mayor and council Policy making & implementation Mayor Council • Keep council informed on city affairs. • Propose policy. • Implement policy adopted by council. • Report back to council regarding policy implementation and possible improvements. • Listen to city residents – keep track of their concerns and wishes. • Discuss, develop, and adopt city policies governing many aspects of city operations. Personnel matters Mayor Council • Hire, fire, supervise, and discipline all city employees (in some cities, council confirmation of certain appointments can be required). Civil service rules and labor contracts must be followed, if applicable. • Negotiate labor contracts (sometimes mayor is not a member of negotiating team). • Adopt personnel policies, establish positions, set wages and benefits – council should not meddle in mayor’s supervision of employees or interfere with work of employees. • Establish bargaining parameters and approve final labor contract. City budget Mayor Council • Work with staff to develop preliminary budget. • Lead council in process of establishing goals and priorities for the city. • Implement budget adopted by council, provide regular financial reports, and present alternatives when council needs to deal with budget problems. • Establish goals and priorities which provide framework for budget – discuss and adopt final budget – amend budget as needed. • Set city tax rates, to the extent permitted by statutes. • Set utility rates and other fees as required. Council meetings Mayor Council • Prepare agenda, preside over meetings, report to council about city administration, propose policy initiatives or changes. • Vote on measures allowed by the statutes. Veto ordinances, as permitted by statutes. • As presider, facilitate an orderly meeting. • Adopt council rules of procedure. • Participate in preparation of council meeting agenda as provided in council rules. • Discuss all policy matters and make decisions following the adopted rules. Land use and planning Mayor Council • Supervise planning staff, who make recommendations to the planning commission and council on a broad range of planning issues. • Supervise staff who enforce building codes and other development regulations. • Adopt and amend zoning, development regulations, and comprehensive plan after receiving input from staff, residents, planning commission, and others. • Act in quasi-judicial capacity to decide land use issues. • Amend planning documents as necessary. City expenditures, contracts Mayor Council • Sign contracts, supervise contract performance, enforce contracts. • Approve contracts and all city expenditures. Relationships with other entities Mayor Council • Represent city as official spokesman, in accordance with views or goals set by council. • Act as official head of city for ceremonial events such as ribbon cuttings and sister-city contacts. • Decide whether city will participate in optional government organizations, provide guidance to mayor or other city representatives. • May serve as city representative on certain intergovernmental bodies where mayor is not designated member. AGENDA ITEM #13. b) 39 Council meetings Chapter 10 Council meetings The mayor’s role in the council meeting The mayor, as presiding officer, holds the key to an effective council meeting that runs smoothly and produces results. He or she not only participates in the meeting but also manages the process, the agenda items and the people involved. Will the meeting come to order? As presiding officer, the duties of the mayor are to: • Open the meeting on time and call the meeting to order. • Announce business on the agenda in the proper sequence. • Recognize members for motions and statements, and allow audience participation at the appropriate times. • State and vote on all legitimate questions that arise during the meeting. If a motion is out of order, the chair should rule it out of order. • Protect the council from frivolous or delaying motions by refusing to recognize them. • Enforce the rules regarding debate, make sure that speakers limit their remarks to the item being considered, and keep order at the meeting. • Expedite business in a way compatible with the rights of the members. • Decide all questions of order. • Respond to inquiries of members. • Declare the meeting adjourned. Legal requirements for meetings The mayor should become familiar with legal meeting requirements imposed by state law. This includes knowing what actions are required on ordinances and resolutions, when executive sessions are appropriate, and what is involved in a quasi-judicial hearing. The city attorney can help with these matters, but if the mayor knows the basics, they can save time and avoid illegal or incomplete actions. (See Appendix 4 for more details on what is required under the Open Public Meetings Act, and Appendix 6 for guidance on the Appearance of Fairness doctrine.) Council rules of procedure It is up to every council to establish rules for the conduct of their meetings. Some councils adopt standard rules, such as Robert’s Rules of Order or some other parliamentary procedure; and others develop their own customized bylaws which govern how council meetings proceed. Local rules are valid as long as they don’t infringe on constitutional rights or conflict with state law. (See Appendix 5 for sample council procedures.) What is parliamentary procedure and why should you use it? Parliamentary procedure is the set of rules or customs that regulates the procedure of legislative bodies. It governs how to make, amend and approve or defeat a motion. There is no need to be intimidated – a mayor need not become a certified parliamentarian to effectively use the basic rules of procedure. Observing parliamentary procedure makes council meetings more efficient and reduces the chances of council actions being declared illegal or challenged for procedural deficiencies. (See Appendix 9 for a quick summary of parliamentary procedure.) AGENDA ITEM #13. b) 40 Motions Business is brought before the council by motions, a formal procedure for taking actions. To make a motion, a member must first be recognized by the presiding officer. After the member makes a motion (and after the motion is seconded if required), the chair must then restate it or rule it out of order, then call for discussion. Most motions require a second, although there are some exceptions: • Nominations; • Points of order; • Questions of privilege; and • Calls for the order of the day. Voting and vetoes The mayor’s ability to vote on and veto motions varies, according to the city’s classification and form of government. (See Appendix 2, Voting and Vetoes.) Whose meeting is it anyway? In general, mayors should remember that the council meeting is just that – it’s the council’s meeting, not the mayor’s meeting. The council sets its own rules and has ultimate control over the agenda. The mayor’s role is to chair the meeting. The mayor must balance being strong enough with being democratic enough to involve all members in the meeting. To be effective, the mayor needs the support of the councilmembers. Trust is built by evenhandedness and fairness to all participants. Trust also requires that the chairperson not use the powers of the chair unfairly to win a point or argument. In addition to maintaining order and decorum at council meetings, the mayor must ensure that all motions are properly dealt with as they arise. The mayor’s refusal to allow a motion to be considered is subject to appeal, as are all of the mayor’s decisions regarding procedures. A simple majority vote is all that is required to overrule the mayor’s decision on procedural issues, including adjournment. If the decision of the chair is sustained, no further action is taken; but if the decision of the chair is overruled by the council, the council goes forward with the discussion of the motion or other matter before it. The mayor as meeting participant The mayor chairs all council meetings and, in some circumstances, is allowed to vote. The mayor might also wish to join the council in its discussions and deliberations. When the mayor chooses to participate, they have two competing goals - as moderator, to make sure that the group achieves its goal and, as an elected official, to both participate in the debate and help determine policies. Participation requires a balancing act between the traditional moderator role and that of active engagement in debate. When the mayor decides to participate, they should exercise restraint. Too forceful participation can dampen council discussions and result in some councilmembers deferring to the mayor’s comments, simply due to the perceived role as the mayor as boss. Additional resources: Robert’s Rules of Order American Institute of Parliamentarians Standard Code of Parliamentary Procedure Mastering Council Meetings: A guidebook for elected officials and local governments Ann Macfarlane & Andrew Estep AGENDA ITEM #13. b) 41 The council meeting agenda There is no required format or particular order for the council meeting agenda. However, a typical agenda for a city council meeting looks like this: • Call to order • Roll call/pledge of allegiance • Approval of agenda/minutes • Comments from the public • Consent agenda • Ordinances & resolutions • Public hearings • Unfinished business • New business • Council action/discussion • Committee reports • Executive session • Adjournment The council’s role in the council meeting A city or town council meeting is the place to get the critical job of decision-making accomplished. A smoothly managed and productive council meeting does not necessarily guarantee good results, but it certainly helps. In general, mayors should remember that the council meeting is just that – it’s the council’s meeting, not the mayor’s meeting. The council sets its own rules and has ultimate control over the agenda. The mayor’s role is to chair the meeting. As moderator, the mayor should facilitate the meeting while allowing full council participation, maintain order and decorum, and see that all motions are properly dealt with as they arise. The agenda Perhaps one of the most crucial tools for orderly meetings is a well-organized and well-prepared agenda. The agenda must be handled so that councilmembers receive adequate information in advance on items for consideration. While it is not mandatory at a city council meeting, the council should provide the opportunity for appropriate public participation. State law requires each city to establish a procedure to notify the public of the agenda for upcoming council meetings. Items on the agenda should be prioritized and organized as efficiently as possible, allocating enough time for major issues and minimizing time spent on trivial, noncontroversial issues. In addition, the city must make agendas available online at least 24 hours prior to a meeting unless there is no website or the city employs fewer than ten full-time equivalent employees. City residents should also get the opportunity to address the council on other subjects of interest. Who determines the agenda content? Although the council has ultimate control over the agenda, typically it’s left to the mayor, city manager, or clerk to draw up the agenda, based on council input. Some cities assign this task to an agenda committee or to one councilmember who assists the mayor or manager. The council can change its order of business or a councilmember can propose an additional new item of business. Remember – It’s the council’s meeting, not the mayor’s meeting. Council meetings AGENDA ITEM #13. b) 42 Council rules of procedure It is up to every council to establish rules for the conduct of their meetings. Some councils adopt standard rules, such as Robert’s Rules of Order or some other parliamentary procedure; others develop their own customized bylaws which govern how council meetings proceed. Local rules are valid as long as they don’t infringe on constitutional rights or conflict with state law. (See Appendix 2 for Sample Council Procedures.) Parliamentary procedure Parliamentary procedure is the set of rules or customs that regulate the procedure of deliberative assemblies. There is no need to be intimidated – a councilmember need not become a certified Parliamentarian to effectively use the basic rules of procedure. Observing parliamentary procedure makes council meetings more efficient and reduces the chances of council actions being declared illegal or challenged for procedural deficiencies. Either by ordinance or resolution, a city may adopt a set of procedural rules or employ standardized rules such as Robert’s Rules of Order. (See Appendix 6 for a summary of parliamentary procedure.) Streamlining council meetings Even the best planned council meetings can deteriorate into endurance contests. These are not always the most productive meetings – exhausted people don’t always make the best decisions. Here are some tips on things you can do to “shorten meetings.” Regulating talk Too much talking is the most common cause of lengthy meetings. If persons addressing the council ramble, the mayor might tell them to confine their remarks to the subject at hand and conclude as quickly as possible. Many council procedures limit public comment to 3-5 minutes, and limit the number of speakers on any one topic. Another idea is to include an approximate starting time by each major agenda item. This information also is useful to city residents attending the meeting. If the problem is created by a talkative councilmember, a simple statement such as “it’s getting late and we must move along” usually will work, though a private conversation later on may be needed to handle chronic talkers. Shortening the agenda An important consideration to make the agenda manageable is to keep things off of it that don’t belong there. The formal council agenda is the place for formal actions on the part of the governing body. In general, every regular meeting agenda item should include an instrument for council action. Items that are solely for the information and advice of the council should be provided outside the formal agenda process. AGENDA ITEM #13. b) 43 Council meetings “Consent” agendas The consent agenda is a tool used to streamline council meetings. Routine, noncontroversial items are listed collectively on the agenda and are passed with a single motion and vote. In some cities, the actual items placed on each consent agenda are selected at a weekly city department heads’ meeting. In others, an agenda committee chooses the consent items. • Commonly, there is no debate allowed on the consent agenda or on any item included in it. The motion for adoption must receive unanimous approval. • Consent items may be read by title only. • Any councilmember can have an item removed from the consent agenda for separate consideration. In addition, some cities allow any person attending the regular council meeting to request that an item be voted on independently. The remainder of the consent agenda can be voted on, omitting the challenged items. Setting up a consent agenda system usually requires preliminary action by the council in the form of adopting an ordinance or resolution, but a consent agenda can be used by most councils on a trial basis. Who determines the agenda content? Although the council has ultimate control over the agenda, typically it’s left to the mayor or clerk to draw up the agenda, based upon council input. Some cities assign this task to an agenda committee or one councilmember who assists the mayor. The council can change its order of business or a councilmember can propose an additional new item of business. Council work sessions Informal council work sessions may be needed occasionally to study certain matters in detail. These are most often held in conjunction with budget review. Work sessions also are useful when major policy questions must be decided, or when a complicated ordinance, such as a building code, comes before the council. Note: The Washington Open Public Meetings Act applies to all council meetings and work sessions, whether formal or informal. (See Appendix 4, Open Public Meetings Act.) AGENDA ITEM #13. b) 44 The subcommittee* Many elected bodies divide into subcommittees to study specific issues. Elected bodies may have both standing and ad hoc subcommittees. Subcommittees can either facilitate the decision-making process or consume unwarranted amounts of time and effort. Here are some pointers on the use of subcommittees: 1. Clearly define the mission before creating a subcommittee. 2. Set deadlines for reports. 3. Monitor assignments to check on progress. 4. Establish expiration provisions and enforce them. 5. Rotate membership periodically. 6. Keep nonmembers informed of meetings and actions. 7. Monitor the amount of staff effort required. 8. Review the list of subcommittees annually and delete those that are no longer necessary. Meeting diagnosis* • Meetings start on time. • Meetings end at a reasonable hour. • The council sticks to the agenda. • The public is encouraged to participate. • The council does not attempt to engineer “how-to” details at the meeting. • No one tends to dominate the discussion. • All members participate. • Members do not engage in side conversations during the meeting. • Members actively listen to each other. • Members do their homework. • Unnecessary meetings are not called. • Packed audiences do not unduly sway the council. *Source: Elected Official’s Little Handbook, Len Wood. AGENDA ITEM #13. b) 45 Voting guide Quorum The general rule governing the transaction of council business is that a majority of councilmembers must be present at the meeting to constitute a quorum. This means four members of a seven-member council and three members of a five- member council. Abstentions In the absence of a local statute to the contrary, councilmembers are free to abstain from voting on any issue before the council. Some cities have adopted local rules of procedure allowing abstentions only when the councilmember states his or her reason for abstaining. Other cities require councilmembers to vote on all matters before the council unless a conflict of interest exists. When a conflict of interest exists, a councilmember should refrain from voting. Generally, however, other councilmembers cannot restrain a councilmember from voting due to a conflict of interest or for any other reason. The effect of an abstention on a vote is not specified by state law. Municipalities are free to adopt local rules of procedure stating the effect of an abstention. See Appendix 2, Sample City Council Rules of Procedure (Rule 5.4) for an example of a rule which provides that failure to vote when there is no valid disqualification is counted as an affirmative vote on the question. If a city does not have a rule, abstentions by one or more councilmembers may make it impossible for final action to be taken on a matter, particularly where a majority vote of the full council is needed. Voting by proxy It is a fundamental rule of parliamentary law that the right to vote is limited to those members actually present at the time a vote is taken at a legal meeting. State law is silent as to proxy voting by councilmembers. As a general rule, proxy votes are not permitted. If the city or town has not adopted a rule of procedure to the contrary, councilmembers must be present at the time the vote is taken. There is no Washington court case law on this issue. Participation by speaker phone is a possible alternative; discuss this issue with your city attorney. Council meetings AGENDA ITEM #13. b) 46 Mayor’s authority to vote Charter cities In charter cities, each city charter governs the voting powers of the mayor. Mayor-council form Under the mayor-council form of government, the mayor may vote only in case of a tie vote of the council. However, statutes for each class of city may further limit the mayor’s tie-breaking authority, as follows: • Second class cities. Because at least four councilmember votes are required to pass any ordinance, resolution, or order (RCW 35.23.211), the mayor cannot break a tie vote on those matters. • Towns. At least three councilmembers must vote to pass any resolution or order for the payment of money (RCW 35.27.270) or to pass an ordinance or resolution granting a franchise (RCW 35.27.330). Thus, the mayor’s vote cannot be used to break a tie vote on these issues. • Code cities. A majority of the entire membership of the council is required to vote to pass any ordinance, grant, revocation of franchise or license, or any resolution for the payment of money (RCW 35A.12.120). Therefore, the mayor may not break a tie vote on these matters. Council-manager form In all cities operating under the council-manager form of government, the mayor is eligible to vote in his or her capacity as councilmember. Mayor’s veto power • In charter cities, each city charter governs the veto powers of the mayor. • In council-manager cities, the mayor votes as a councilmember and has no veto power. • In second class mayor-council cities, the mayor may veto an ordinance, but the mayor’s veto can be overruled by five members of the council (RCW 35.23.211). • In towns, the mayor has no veto power. • In mayor-council code cities, the mayor may veto an ordinance, but the mayor’s veto can be overruled by a majority plus one of the entire council membership (RCW 35A.12.100). AGENDA ITEM #13. b) 47 Questions & answers Q. Can a meeting of the city council be opened with a prayer? A. Courts have ruled that beginning a local government public meeting with a nondenominational prayer, or a silent meditation of a short duration, does not violate the U.S. Constitution. Keep in mind, however, that many residents have strong feelings about their own particular religious beliefs, and some residents adamantly feel that religion and government should not be mixed. The decision concerning whether meetings open with an invocation should be made by the council, not by the mayor. Most cities in Washington have chosen to not commence their meetings with an invocation. Q. Who, if anyone, can make a motion for reconsideration where a matter was defeated by a tie vote? A. Under Robert’s Rules, §36, anyone who was on the prevailing side of a vote can make a motion to reconsider, and the prevailing side need not be a majority, such as when a tie vote functions to defeat a matter. In that case, those who voted no would be entitled to make the motion to reconsider. Q. Can the mayor unilaterally adjourn a council meeting? A. No, not in normal circumstances. The mayor can request that a councilmember move that the meeting be adjourned, but the motion and subsequent vote are up to the council. If there is a disruption during a council meeting which requires a break in the meeting to restore order, it would be appropriate for the mayor to announce that the meeting is adjourned for ten minutes, but other than that, it is up to the council whether they wish to continue dealing with business. Q. May a councilmember who was absent when a vote was taken move to reconsider that vote? A. No. An absent member could not have been on the prevailing side, or any side, for that matter. Q. If the council passes an ordinance at one meeting, can that ordinance be reconsidered at the subsequent meeting? A. If the ordinance was passed and signed by the mayor, then the ordinance can subsequently be amended or repealed, but not reconsidered. Q. Does the mayor in a code city have the veto power over ordinances? A. Under RCW 35A.12.100, the mayor in a code city has the power to veto ordinances passed by the city council, although a mayor’s veto may be overridden by a majority of the council plus one. This is not a “line item” veto, but rather a veto over an entire ordinance only. (See Appendix 2, Voting & Vetoes, for the mayor’s veto power in second class cities and towns.) Council meetings AGENDA ITEM #13. b) 48 Practical advice Helpful pointers from other Washington mayors. Presiding over meetings ... • Work at running an efficient meeting. Even if you live in a small town, it’s important to run your meetings professionally and act professionally. • It is very important to have formal meetings and know Roberts Rules of Order. One of the mistakes (particularly in small cities) is trying to be very informal. Recognize “Councilmember Smith” rather than “George.” This also helps keep the debate from getting too personal. • Be careful with executive sessions. Only use executive sessions for issues that are specifically allowed. • Bring some humor to the council meetings. Keep your cool! • Insist upon decorum in council meetings. Be courteous to members of the public and let them know you appreciate their comments. • Don’t spring surprises on your councilmembers or city staff, especially at public meetings. If a matter is worth discussing, it is worth putting on the agenda. Surprises may get you publicity, but they may embarrass others and tend to erode the “team” approach to governance. • Have your city attorney attend your council meetings, but don’t expect the attorney to know all the answers right on the spot. Give the attorney time to research issues. AGENDA ITEM #13. b) 49 Citizen participation at council meetings Chapter 11 Community participation at council meetings The public evaluates the performance of its elected officials to a great extent by what happens at meetings. Many residents form their total opinions of the city government on the basis of having attended just one council meeting. This is the time to impress your community favorably, and show them that the council is capable of doing its job. The city resident comment period is a time slot set aside on the agenda for city residents to address the council on any subject. It is not to be confused with a public hearing, which is a formal proceeding conducted for the purpose of discussing a specific topic, such as the city budget or a proposed rezoning. Local practices vary considerably with respect to reserving a place on the agenda for community participation. Many councils put this item toward the top of the agenda, so that residents can make an appearance early in the meeting and then go about their business. Other councils reserve a place for presentations at the very end of the agenda, while others make no provision at all. The presiding officer should inform visitors of the place on the agenda where they will be recognized to speak. If an exceptionally controversial item draws a large crowd, it is generally wise to state the approximate time the item will come up for discussion. Move the agenda along To move the agenda along, some councils limit the length of time any person may speak from three to five minutes, and permit this to be extended only by a two- thirds vote of the council. Don’t allow verbal exchanges to drag on between residents and councilmembers, especially if they concern administrative problems that can be solved by the staff during regular city hall hours. Also, if speakers take too much time or engage in personal attacks on councilmembers, it may be necessary for the mayor to cut them short. Councilmembers are expected to be polite to residents appearing before them, but there is no requirement that they subject themselves to intimidation by rude speakers. Dealing with critics and pressure groups Criticism of government and a lack of confidence in our country’s elected leaders is rampant these days, even at the local level. External conflict, while stressful, can help frame the issues and provide other perspectives. Most important, it often shows that people feel left out and alienated from the governing body. Providing a fair hearing of issues at council meetings assures that the needs of pressure groups are appropriately balanced with the organization’s mission and the greater needs of the community. How the governing body reacts will determine whether the conflict is contained or spills over to other issues. Many residents form their total opinion of the city government based on having attended just one council meeting AGENDA ITEM #13. b) 50 How to deal with criticism: • The governing body should listen actively to its critics – listen to learn and understand, not to argue, dispute or to silence those critics. Attempt to find some area of agreement by sorting out the issues into those that can be dealt with and those that are outside the scope of authority or the range of possibility to be resolved. • The council’s spokesperson should express regret that the problem has arisen. It is helpful to state that you understand how the person or group feels. Perhaps you might even restate their concerns. If you feel personally attacked, it is OK to say that you feel hurt by the comments. • At some point, the council’s action must be defended. Try to help people understand the factors that influenced the council, or discuss the parameters that will influence an impending decision which is under attack. • When attacked, think carefully before responding. Know your facts. Be truthful. Credibility is your most important asset in dealing with your critics. • Don’t belittle small but vocal sources of opposition. Don’t label people. • Remember that groups which are fostering a narrow self-interest will self- destruct through an inability to gain mainstream support. Don’t overreact. • Keep in mind that anger is directed at your role, not at you as an individual. • Last but not least, while remaining respectful, keep a sense of humor. AGENDA ITEM #13. b) 51 The mayor’s role in managing difficult meetings* From time to time, elected bodies are faced with conducting highly charged, controversial meetings, full of aggression and hostility. Such meetings really test the elected body and staff. Here are some ideas on handling those difficult meetings: Before the meeting • Try to get the participants to designate a spokesperson. • Make agendas and back-up reports easily available to participants. • Make sure adequate seating is available. Consider moving to larger quarters if necessary. • Make sure sound and recording equipment is adequate and operational. During the meeting • Explain the issues, the possible actions and the procedures that will be followed at the meeting. • Don’t waste time or try the patience of participants at the beginning of the meeting on routine items such as correcting the minutes. • Have speakers address the elected body and not the audience. Some speakers are very adept at inciting audiences, especially if they are permitted to face the audience. • Explain at the beginning why clapping, shouting and other such demonstrations are counterproductive and stop such actions as soon as they occur. • Use recesses to help diffuse hostility or aggressiveness. • Consider limiting speakers to a set time such as three to five minutes. If such a procedure is used, make sure it’s applied consistently. • Consider using speaker cards that are filled out and turned in at the beginning of the meeting. The cards can help identify how many people wish to speak and whether they support or contest an issue. They are also invaluable in recording the names and addresses of speakers. Recognize, however, that persons not wishing to fill out a card may still have the legal right to speak. • Make sure elected members address colleagues and not the audience. Directly addressing the audience can result in loss of control of the meeting. • Immediately continue items that cannot be decided at the meeting. This does not preclude the elected body from allowing anyone who wishes to speak on the issue to do so. *Source: Elected Official’s Little Handbook, Len Wood. Ask the public... • How will this proposal affect you? • What do you think about the proposed action? • What are your concerns? • What other ways can you suggest for solving the problem? Citizen participation at council meetings AGENDA ITEM #13. b) 52 AGENDA ITEM #13. b) 53 Ethical issues Chapter 12 Ethical issues Part of being a public official is subjecting yourself to public scrutiny. Like it or not, the public expects you to behave according to higher standards than the next person on the street. The following list includes some of the more common problems that get newspaper coverage. At the very least, most will result in public criticism. They can also be terminal to your career. • Credit cards. Using city credit cards for an unauthorized expenditure or to charge a personal item (even if the amount is repaid later). • Travel and conferences. Submitting inflated or false travel expenses. This includes using agency funds for personal trips or vacations. • Use of letterhead. Using official letterhead to endorse another political candidate or to achieve a personal or business gain. • Use of agency vehicles. Using an agency vehicle for personal trips, vacations or political campaign activities. • Phones, fax and computers. Using official equipment for personal purposes. • Agency staff. Using agency staff and resources for personal services or political campaigning. • Confidentiality. Divulging privileged personnel, legal or executive session information. • Sexual harassment. Telling off-color jokes at meetings, improper comments or touching of staff. State and local ethics laws State law provides a specific code of ethics for city officials. RCW 42.23.070 prohibits a municipal official from: • Using his or her position to secure special privileges or exemptions for himself, herself, or others. • Directly or indirectly, giving or receiving any compensation, gift, gratuity, or reward from any sources, except the employing city, for a matter related to the official’s services. • Accepting employment or engaging in business that the officer might reasonably expect would require him or her to disclose confidential information acquired by reason of his or her position. • Disclosing confidential information gained by reason of the officer’s position, or use of such information for personal gain. Private interest in public contracts State law also forbids city officials from having personal financial interests in public contracts under their jurisdiction, regardless of whether or not they vote on the matter. There are some exceptions, based on contract amounts. Review the statute carefully and when in doubt, consult with your city attorney (RCW 42.23.030). If you’re not sure what to do, ask: • Is it legal? • Is it ethical? • Is it the right thing to do? AGENDA ITEM #13. b) 54 Local ethics codes Be aware that your city may have a local ethics code that interprets or supplements the state laws. There are also requirements for cities to establish their own whistleblower process, providing a means for employees to report improper governmental actions. Ask your clerk or attorney for a copy of any local ordinances or guidelines relating to ethics and conflict of interest. Additional resource: Knowing the Territory, MRSC Questions & answers Q. Are elected officials prohibited from accepting even promotional gift items of minimal intrinsic value from someone who does or may seek to do business with the city? A. Many officials, either because of the broad language of the ethics statute or on principle, refuse to accept even a business lunch under those circumstances. Others might regard items of only token or trivial value to be “de minimis”, i.e., of insufficient amount to cause legal concern. In any case, prudence is always advisable to avoid even the appearance of impropriety. Also, because the words “token” and “trivial” may have varying interpretations, a city council may wish to provide more specific guidance in a local code of ethics. Q. Can the mayor hire a councilmember to work part-time for the city? A. It depends. Even if a councilmember has special skills of benefit to the city, RCW 42.23.030 restricts the amount of money which can be paid to a councilmember by a city over the course of a year. For a city with a population of 10,000 or more, the amount that can be paid is zero. Additionally, a councilmember may not hold another “office” of the city. Finally, be aware that it can be awkward to have the mayor supervising a councilmember in an employer/ employee relationship. Review any plans to employ a councilmember, in any capacity, with the city attorney. Q. Can the city do business with a company owned by a mayor or councilmember? A. Watch out! If the amount of the overall contract exceeds $18,000, there can be serious consequences, including forfeiture of office (RCW 42.23.050). For example, a city councilmember cannot be a subcontractor on a city construction project if the overall project cost exceeds $18,000 (RCW 42.23.030). If the city’s population is 10,000 or more, there can be no interest in a contract. AGENDA ITEM #13. b) 55 Resources Chapter 13 Resources Who to contact when you need help Municipal Research & Services Center of Washington (MRSC) Here’s the first place to start when you don’t know where to go. Several consultants at MRSC can answer your questions over the phone or in writing. Staff experience includes municipal law, budgeting & finance, planning & growth management, public works & utilities, and public policy. MRSC’s library is full of useful reference materials, and includes actual city policies and ordinances. MRSC has a great website, containing a wealth of information relevant to local governments in Washington State. The site also includes links to other useful websites such as state agencies. MRSC 2601 4th Avenue, Suite 800 Seattle, WA 98121-1280 206-625-1300 1-800-933-6772 Fax 206-625-1220 mrsc@mrsc.org www.mrsc.org Association of Washington Cities (AWC) AWC serves its members through advocacy, education and services. Founded in 1933, AWC is a private, nonprofit, nonpartisan corporation that represents Washington’s cities and towns before the state legislature, the state executive branch, and with regulatory agencies. AWC also provides training, data and publications, and programs such as the AWC Employee Benefit Trust, AWC Risk Management Service Agency, AWC Workers’ Comp Retro, AWC Drug and Alcohol Consortium, and the AWC GIS Consortium. AWC 1076 Franklin Street SE Olympia, WA 98501-1346 360-753-4137 1-800-562-8981 Fax 360-753-4896 www.awcnet.org Other ideas for helpful contacts Here are some other ideas for you to contact when you have a problem or need information: Neighboring jurisdictions Many cities in the state have formed regional groups of mayors and other elected officials that meet periodically. Or call an experienced mayor with a neighboring city (really, they are usually honored to be called upon as an “expert”). Your liability insurance provider Most cities in the state are covered by one of three insurance pools that provide property and liability insurance. Find out from your city clerk who your provider is. Depending on the pool, they offer a variety of resources. For example, if you’re doing something where you expect a lawsuit might be filed, contact your risk pool before you take action. They can provide invaluable advice, legal resources, sample policies, and training resources. Forging partnerships Introduce yourself to and meet with other public agencies in your region. They may be able to help, share resources, or co-sponsor training. Examples: County, port, local economic development agency, public utility district, fire district, state agencies with an office in your area, and school districts. It may also help to contact any jurisdictions that provide contractual services to your jurisdiction. AGENDA ITEM #13. b) 56 MRSC publications MRSC maintains the following selected resources for city officials and staff at mrsc.org. Any of the publications below can be downloaded at mrsc.org/Home/Publications.aspx or found by browsing the MRSC website using the search toolbar. The Appearance of Fairness Doctrine in Washington State This publication is an overview of the appearance of fairness statute, including suggestions for assuring compliance, commonly asked questions, and a summary of cases. Budget Suggestions This annual publication contains the latest information about things that might impact your city budget such as state-shared revenue distributions, new legislation, and economic trends. Highlights include revenue forecasts, CPI and IPD information, budget calendars, fire insurance premium tax estimates, and more. Candidate Information Resources for Local Government Elective Offices This webpage provides candidate information resources of special interest to local government elected office candidates in Washington State. Code City Handbook A handbook providing essential information for code city officials and incites their powers, duties, and alternatives that are available under the applicable forms of municipal government. Knowing the Territory – Basic Legal Guidelines for City, County, and Special District Officials A guideline detailing the do’s and don’ts regarding the exercise of governmental powers including conflicts of interest, the open public meetings act, appearance of fairness doctrine, and similar laws. It also points out immunities and protections for public officials. The City Bidding Book This book helps city officials determine whether competitive bids are required for acquiring purchases, services, or contracting for public works. The Open Public Meetings Act: How it Applies to Washington Cities, Counties, and Special Purpose Districts This publication covers the requirements under the Open Public Meetings Act including procedural requirements, executive sessions, appearance of fairness, exemptions, penalties, and identifies relevant case law and attorney general opinions. Public Records Act for Washington Cities, Counties, and Special Purpose Districts This frequently-updated publication provides a basic outline of the Public Records Act (PRA) and the procedures to follow when responding to public records requests for documents. Quick Guide for Newly Elected City Officials The web guide provides a quick introduction to the core duties and responsibilities of newly elected city officials in Washington State, along with recommended resources for more information. A Revenue Guide for Washington Cities and Towns This guide describes the major, and many of the minor revenue sources that can be used for general government purposes. It includes common questions and answers. Washington City & Town Officials Directory Mobile App Download MSRC’s directory of Washington city and town officials as a mobile app. Visit mrsc.org to browse the directory of city officials, city halls, phone numbers, emails, population, and city class/form of government. Or use the same website to download the app under “Research Tools” and “Washington City and Town Profiles.” AGENDA ITEM #13. b) 57 AWC publications The following publications are available from AWC online or in print. Your city clerk or other staff should have a copy available. If not, call AWC to request any publication. Visit awcnet.org and browse these publications and more under the “Data & Resources” tab. CityVoice A weekly electronic publication sent on Wednesdays to all city officials and AWC partners. The newsletter delivers information relevant to cities including breaking news, state and federal updates, tools and resources, research and data, training opportunities, and grant notices. Cityvision An award-winning magazine that examines municipal issues and trends from a high level, with articles that analyze and offer insight. The magazine creates a voice for city officials and provides another leadership tool and resource to build awareness of city issues with readers outside of city hall. Elected Officials’ Roadmap A visual roadmap to help guide elected officials through their role including what the city does and what you should know about working in elected office. Homelessness & Housing Toolkit for Cities This publication provides 18 real- world examples of tools and actions Washington cities have used in responding to the issues of homelessness and affordable housing. Forming Successful Partnerships: A Practical Guide for Local Government A step-by-step guide to identifying and sizing up potential partners, negotiating agreements, estimating costs of service, and implementing and managing the partnership. Legislative Bulletin This electronic publication is delivered weekly throughout the legislative session and monthly the rest of the year. The newsletter covers major issue areas and provides quick referencing by issue area. Strong Cities Pocket Guide What can you do to help promote a strong city-state partnership? This guide contains tips for simple actions that city officials can take to advocate for strong cities, like maintaining and building stronger relationships with your legislators and working with constituents keep the Legislature accountable. Small City Resource Manual This easy-to-use guide helps elected and appointed officials navigate the complexities of policymaking, governance, and operational matters in a small- to medium-sized city. 53 Suggestions for Successful Public Service Catch these quick and easy tips on how you can govern better. Tax & User Fee Survey Municipal water, sewer, and stormwater rates collected via member survey, compiled and posted on AWC website as an aid to benchmarking, policy discussions, and utility rate setting. Historic rates available from 2006-present. MRSC & AWC publications The Ten Commandments of Community Leadership This energizing dose of practical tips gives local leaders a framework for making decisions and taking actions based on what is right for their communities. Washington State Public Employer Overtime Guide – FLSA The Overtime Guide outlines the major provisions of the Fair Labor Standards Act (FLSA) and Washington Minimum Wage Act. It provides practical advice to public employers for compliance with these complex laws and minimizing overtime liability. Washington City & County Employee Salary & Benefit Survey Comprehensive salary and benefits data for over 120 job classifications from nearly every city and county. Data is collected annually and made available to those who represent management via an online reporting tool. AGENDA ITEM #13. b) 58 AGENDA ITEM #13. b) 59 Appendices Appendix 1 – Overview of statutes defining and limiting the authority of a mayor Appendix 2 – Voting & vetoes: A guide for mayors Appendix 3 – Public records disclosure Appendix 4 – Open Public Meetings Act Appendix 5 – Public hearings Appendix 6 – Sample city council rules of procedure for mayor-council code cities Appendix 7 – Sample procedures: Appearance of fairness and quasi-judicial hearing Appendix 8 – Public participation: Tips for talking with the council Appendix 9 – Meeting tips Appendix 10 – Parliamentary procedure Appendix 11 – Keeping out of trouble Appendix 12 – Initiative, referendum, and recall Appendix 13 – The mayor pro tempore Definitions Appendices AGENDA ITEM #13. b) 60 AGENDA ITEM #13. b) 61 Appendix 1 Overview of statutes defining and limiting the authority of a mayor Text in italics is taken directly from the state statutes (RCW) or state administrative code (WAC). First class cities – mayor’s authority (RCW 35.22) Currently first class cities in Washington have their government structured in accordance with their charters. Because of the variance in charter provisions, this appendix does not deal with the role of a mayor in a first class city. Second class cities – mayor’s authority (RCW 35.23) No second class cities in Washington operate under the council-manager form of government. Appointment and termination authority The mayor shall appoint and at his or her pleasure may remove all appointive officers except as otherwise provided herein: PROVIDED, that municipal judges shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of his or her office. Every appointment or removal must be in writing signed by the mayor and filed with the city clerk.1 Though the mayor has broad authority to terminate employees, because such action sometimes results in litigation we recommend that the mayor review termination decisions and procedures carefully with the city attorney prior to taking action. Authority to fill vacancies in appointive positions Vacancies in offices other than that of mayor or city councilmember shall be filled by appointment of the mayor. If there is a temporary vacancy in an appointive office due to illness, absence from the city or other temporary inability to act, the mayor may appoint a temporary appointee to exercise the duties of the office until the temporary disability of the incumbent is removed.2 Authority over police The department of police in a city of the second class shall be under the direction and control of the chief of police subject to the direction of the mayor.3 Authority to call special meetings of the city council Special meetings may be called by the mayor by written notice as provided in RCW 42.30.080. No ordinances shall be passed or contract let or entered into, or bill for the payment of money allowed at any special meeting.4 Note that a statute in the Open Public Meetings Act also authorizes a majority of the city council to call a special meeting: A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering personally or by mail written notice to each member of the governing body ...5 Authority to administer oaths and sign specified documents The mayor and the mayor pro tempore shall have power to administer oaths and affirmations, take affidavits and certify them. The mayor or the mayor pro tempore when acting as mayor, shall sign all conveyances made by the city and all instruments which require the seal of the city.6 Vacancies in council positions The council of a second class city may declare a council position vacant if the councilmember is absent for three consecutive regular meetings without permission of the council. In addition, a vacancy in an elective office shall occur and shall be filled as provided in RCW 42.12.7 Authority to preside at city council meetings, break tie votes All meetings of the council shall be presided over by the mayor, or, in the mayor’s absence, by the mayor pro tempore. The mayor shall have a vote only in the case of a tie in the votes of the councilmembers.8 Note that because at least four councilmember votes are required for the passage of any ordinance, resolution, or order, the mayor cannot break a tie vote on those matters, but can break a tie on other matters. 1RCW 35.23.021, in part 2RCW 35.23.101, in part 3RCW 35.23.161, in part 4RCW 35.23.181 5RCW 42.30.080, in part 6RCW 35.23.191, in part 7RCW 35.23.101, in part 8RCW 35.23.201 Appendix 1 – Overview of statutes defining and limiting the authority of a mayor AGENDA ITEM #13. b) 62 Authority to sign and veto ordinances Every ordinance which passes the council in order to become valid must be presented to the mayor; if the mayor approves it, the mayor shall sign it, but if not, the mayor shall return it with written objections to the council and the council shall cause the mayor’s objections to be entered at large upon the journal and proceed to a reconsideration thereof. If upon reconsideration five members of the council voting upon a call of yeas and nays favor its passage, the ordinance shall become valid notwithstanding the mayor’s veto. If the mayor fails for ten days to either approve or veto an ordinance, it shall become valid without the approval of the mayor. Every ordinance shall be signed by the mayor and attested by the clerk.9 Though the statutes defining the role of the mayor in a second class city are limited, it is clear that the mayor is to function as the chief executive and administrative officer of the city. The powers of the city council in a second class mayor-council city are listed primarily in RCW 35.23.440 and 35.23.452. Though the city council has many powers, it is the mayor who appoints the other officers and subordinate employees who carry out the policies adopted by the council. Preliminary budget preparation RCW 35.33 sets out the budget responsibilities of a mayor in a second class city or town. First, there is a definition providing that the mayor is the “chief administrative officer” of the city as that term is used in the budget statutes: “Chief administrative officer” as used in this chapter includes the mayor of cities or towns having a mayor council form of government, ... or the budget or finance officer designated by the mayor ... to perform the functions, or portions thereof, contemplated by this chapter.10 The chief administrative officer shall prepare the preliminary budget in detail, making any revisions or additions to the reports of the department heads deemed advisable by such chief administrative officer and at least sixty days before the beginning of the city’s or town’s next fiscal year he shall file it with the clerk as the recommendation of the chief administrative officer for the final budget. The clerk shall provide a sufficient number of copies of such preliminary budget and budget message to meet the reasonable demands of taxpayers therefor and have them available for distribution not later than six weeks before the beginning of the city’s or town’s next fiscal year.11 Budget message to council In every city or town a budget message prepared by or under the direction of the city’s or town’s chief administrative officer shall be submitted as a part of the preliminary budget to the city’s or town’s legislative body at least sixty days before the beginning of the city’s or town’s next fiscal year and shall contain the following: (1) An explanation of the budget document; (2) An outline of the recommended financial policies and pro- grams of the city for the ensuing fiscal year; (3) A statement of the relation of the recommended appropria- tion to such policies and programs; (4) A statement of the reason for salient changes from the previ- ous year in appropriation and revenue items; and (5) An explanation for any recommended major changes in financial policy. Prior to the final hearing on the budget, the legislative body or a committee thereof, shall schedule hearings on the budget or parts thereof, and may require the presence of department heads to give information regarding estimates and programs.12 Mayor’s authority to make transfers within any one fund Transfers between individual appropriations within any one fund may be made during the current fiscal year by order of the city’s or town’s chief administrative officer subject to such regulations, if any, as may be imposed by the city or town legislative body. Notwithstanding the provisions of RCW 43.09.210 or of any statute to the contrary, transfers, as herein authorized, may be made within the same fund regardless of the various offices, departments or divisions of the city or town which may be affected.13 9RCW 35.23.211, in part 10RCW 35.33.011(4) 11RCW 35.33.055 12RCW 35.33.057 13RCW 35.33.121, in part AGENDA ITEM #13. b) 63 Council control over appropriations to any one fund The city or town legislative body, upon a finding that it is to the best interests of the city or town to decrease, revoke or recall all or any portion of the total appropriations provided for any one fund, may, by ordinance, approved by the vote of one more than the majority of all members thereof, stating the facts and findings for doing so, decrease, revoke or recall all or any portion of an unexpended fund balance, and by said ordinance, or a subsequent ordinance adopted by a like majority, the moneys thus released may be reappropriated for another purpose or purposes, without limitation to department, division or fund, unless the use of such moneys is otherwise restricted by law, charter, or ordinance.14 The city or town council must also approve of any emergency expenditures not reasonably foreseen at the time of the filing of the preliminary budget, and such expenditures must be passed by a vote of one more than the majority of all members of the legislative body.15 Selection of mayor pro tem and authority of mayor pro tem The members of the city council, at their first meeting each calendar year and thereafter whenever a vacancy occurs in the office of mayor pro tempore, shall elect from among their number a mayor pro tempore, who shall hold office at the pleasure of the council and in case of the absence of the mayor, perform the duties of mayor except that he or she shall not have the power to appoint or remove any officer or to veto any ordinance. If a vacancy occurs in the office of mayor, the city council shall elect a mayor, who shall serve until a mayor is elected and certified at the next municipal election. The mayor and the mayor pro tempore shall have power to administer oaths and affirmations, take affidavits and certify them. The mayor or the mayor pro tempore when acting as mayor, shall sign all conveyances made by the city and all instruments which require the seal of the city.16 Role of mayor in council-mayor second class city The limited role of a mayor in a council-manager second class city is defined in RCW 35.18.200. Emergency management The authority of the mayor to function as the “executive head” in case of emergency or disaster is the same in all cities and towns. See the “Emergency Management” section at the end of this appendix. 14RCW 35.33.121, in part 15See RCW 35.33.081 and RCW 35.33.091 16RCW 35.23.191 Appendix 1 – Overview of statutes defining and limiting the authority of a mayor AGENDA ITEM #13. b) 64 Towns – Mayor’s authority RCW 35.27 Appointment and termination authority The government of a town shall be vested in a mayor and a council consisting of five members and a treasurer, all elective; the mayor shall appoint a clerk and a marshal; and may appoint a town attorney, pound master, street superintendent, a civil engineer, and such police and other subordinate officers and employees as may be provided for by ordinance. All appointive officers and employees shall hold office at the pleasure of the mayor and shall not be subject to confirmation by the town council.17 A significant aspect of this statute is the unqualified power of the mayor to hire and fire all appointees and employees of the town. The town council has no power to confirm mayoral appointments, except mayoral appointments to the town planning commission (see RCW 35.63.020). This differs from the statutes governing a mayor’s appointment power in second class and code cities.18 Though the mayor has broad authority to terminate employees, because such action may result in litigation review termination decisions and procedures should be carefully reviewed with the town attorney prior to taking action. Authority to preside at council meetings, sign warrants and contracts, and administer oaths The mayor shall preside over all meetings of the council at which he or she is present. A mayor pro tempore may be chosen by the council for a specified period of time, not to exceed six months, to act as the mayor in the absence of the mayor. The mayor shall sign all warrants drawn on the treasurer and shall sign all written contracts entered into by the town. The mayor may administer oaths and affirmations, and take affidavits and certify them. The mayor shall sign all conveyances made by the town and all instruments which require the seal of the town. The mayor is authorized to acknowledge the execution of all instruments executed by the town which require acknowledgment.19 17RCW 35.27.070, in part 18See RCW 35.23.021 and RCW 35A.12.090 19RCW 35.27.160 20RCW 35.27.240 21RCW 35.27.270 22RCW 42.30.080 23RCW 35.27.280 Authority over police The department of police in a town shall be under the direction and control of the marshal subject to the direction of the mayor.20 Authority to call special meetings of town council Special meetings may be called at any time by the mayor or a majority of the councilmembers, by written notice as provided in RCW 42.30.080.21 An overlapping statute on this issue is found in the Open Public Meetings Act: A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering personally or by mail written notice to each member of the governing body ...22 Authority to preside at council meetings and break tie votes The mayor shall preside at all meetings of the council. The mayor shall have a vote only in case of a tie in the votes of the councilmember. In the absence of the mayor the council may appoint a president pro tempore; in the absence of the clerk, the mayor or president pro tempore, shall appoint one of the councilmembers as clerk pro tempore.23 Note that a mayor’s vote cannot be used to break a tie vote on passage of any resolution or order for the payment of money or for the passage of an ordinance or resolution granting a franchise (RCW 35.27.270, RCW 35.27.330). AGENDA ITEM #13. b) 65 Requirement that mayor sign ordinances – no veto power Every ordinance shall be signed by the mayor and attested by the clerk.24 Note that the mayor in a town does not have authority to veto ordinances passed by the town council. The mayor is required to sign all ordinances passed by the council, even those with which he disagrees. The signing of ordinances by the mayor is a ministerial act. Budget responsibilities The budget responsibilities of a town mayor are the same as those for the mayor in a second class city. Refer to above section on second class cities. Selection and authority of mayor pro tem A mayor pro tempore may be chosen by the council for a specified period of time, not to exceed six months, to act as the mayor in the absence of the mayor.25 Emergency management The authority of the mayor to function as the “executive head” in case of emergency or disaster is the same in all cities and towns. See the “Emergency Management” section at the end of this appendix. Powers of the council The specific powers of the town council are listed in RCW 35.27.370 and in the subsequent statutes of RCW 35.27. As mentioned above in regard to second class cities, the mayor and the individuals appointed and hired by the mayor are responsible for carrying out the policies adopted by the council. 24RCW 35.27.290 25RCW 35.27.160 Appendix 1 – Overview of statutes defining and limiting the authority of a mayor AGENDA ITEM #13. b) 66 Mayor-council code cities – Mayor’s authority RCW 35A.12 Appointment and termination authority The mayor shall have the power of appointment and removal of all appointive officers and employees subject to any applicable law, rule, or regulation relating to civil service. The head of a department or office of the city government may be authorized by the mayor to appoint and remove subordinates in such department or office, subject to any applicable civil service provisions. All appointments of city officers and employees shall be made on the basis of ability and training or experience of the appointees in the duties they are to perform, from among persons having such qualifications as may be prescribed by ordinance or by charter, and in compliance with provisions of any merit system applicable to such city. Confirmation by the city council of appointments of officers and employees shall be required only when the city charter, or the council by ordinance, provides for confirmation of such appointments. Confirmation of mayoral appointments by the council may be required by the council in any instance where qualifications for the office or position have not been established by ordinance or charter provision. Appointive offices shall be without definite term unless a term is established for such office by law, charter or ordinance.30 The above-quoted statute gives to mayors in mayor-council code cities sole authority to terminate city appointive officers and employees (subject to any applicable civil service rule or subject to any other specific statute). The statute does, however, allow the city council to provide for confirmation of mayoral appointments if the council has not previously established specific qualifications for the position through passage of an ordinance. If the council has established qualifications for a particular position, then those qualifications act as a limitation of the mayoral appointment authority. Note that in order to take advantage of this statutory authority, the council must first pass an ordinance providing for such confirmation powers. Though the mayor has broad authority to terminate employees, because such action may result in litigation, termination decisions and procedures should be carefully reviewed with the city attorney prior to taking action. Residency requirement for mayor and councilmembers No person shall be eligible to hold elective office under the mayor council plan unless the person is a registered voter of the city at the time of filing his declaration of candidacy and has been a resident of the city for a period of at least one year next preceding his election. Residence and voting within the limits of any territory which has been included in, annexed to, or consolidated with such city is construed to have been residence within the city.26 Prohibition on holding any other office or employment A mayor or councilman shall hold within the city government no other public office or employment except as permitted under the provisions of RCW 42.23.27 Oath of office The mayor and councilmembers shall qualify by taking an oath or affirmation of office and as may be provided by law, charter, or ordinance.28 Filling vacancy in office of mayor or councilmember The office of a mayor or councilmember shall become vacant if the person who is elected or appointed to that position fails to qualify as provided by law, fails to enter upon the duties of that office at the time fixed by law without a justifiable reason, or as provided in RCW 35A.12.060 or 42.12.010. A vacancy in the office of mayor or in the council shall be filled as provided in RCW 42.12.29 26RCW 35A.12.030, in part 27RCW 35A.12.030, in part 28RCW 35A.12.040, in part 29RCW 35A.12.050 30RCW 35A.12.090 AGENDA ITEM #13. b) 67 General administrative authority The mayor shall be the chief executive and administrative officer of the city, in charge of all departments and employees, with authority to designate assistants and department heads. The mayor may appoint and remove a chief administrative officer or assistant administrative officer, if so provided by ordinance or charter. He shall see that all laws and ordinances are faithfully enforced and that law and order is maintained in the city, and shall have general supervision of the administration of city government and all city interests.31 Approval of official bonds, contract enforcement, instituting litigation All official bonds and bonds of contractors with the city shall be submitted to the mayor or such person as he may designate for approval or disapproval. He shall see that all contracts and agreements made with the city or for its use and benefit are faithfully kept and performed, and to this end he may cause any legal proceedings to be instituted and prosecuted in the name of the city, subject to approval by majority vote of all members of the council.32 Presiding at council meetings, casting tie-breaking votes, reports to council, preparation of proposed budget, veto power The mayor shall preside over all meetings of the city council, when present, but shall have a vote only in the case of a tie in the votes of the councilmember with respect to matters other than the passage of any ordinance, grant, or revocation of franchise or license, or any resolution for the payment of money. He shall report to the council concerning the affairs of the city and its financial and other needs, and shall make recommendations for council consideration and action. He shall prepare and submit to the council a proposed budget, as required by RCW 35A.33. The mayor shall have the power to veto ordinances passed by the council and submitted to him as provided in RCW 35A.12.130 but such veto may be overridden by the vote of a majority of all councilmembers plus one more vote.33 The tie-breaking power of the mayor has generated confusion, partly because of the phrase “a tie in the votes of the councilmember with respect to matters other than the passage of any ordinance, grant, or revocation of franchise or license, or any resolution for the payment of money.” Clearly the mayor cannot break a tie vote on an ordinance; nor can the mayor break a tie vote on the granting or revoking of a franchise or license. MRSC has interpreted the phrase “resolution for the payment of money” quite narrowly, limiting it to resolutions such as those approving the payment of vouchers or other city claims. That narrow interpretation means that the mayor can cast the tie-breaking vote on a resolution concerning matters such as whether to proceed with a specific public works project, which will at a later date result in the expenditure of city funds. There are no state appellate court cases or Attorney General opinions which provide guidance on this issue. Ceremonial role The mayor shall be the official and ceremonial head of the city and shall represent the city on ceremonial occasions, except that when illness or other duties prevent the mayor’s attendance at an official function and no mayor pro tempore has been appointed by the council, a member of the council or some other suitable person may be designated by the mayor to represent the city on such occasion.34 Authority to call special meetings of city council Special meetings may be called by the mayor or a majority of the council by written notice delivered to each member of the council at least twenty-four hours before the time specified for the proposed meeting.35 Mayoral authority to call a special meeting is also provided by one of the statutes in the Open Public Meetings Act: A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering personally or by mail written notice to each member of the governing body...36 31RCW 35A.12.100 32RCW 35A.12.100, in part 33RCW 35A.12.100, in part 34RCW 35A.12.100, in part 35RCW 35A.12.110 36RCW 42.30.080, in part Appendix 1 – Overview of statutes defining and limiting the authority of a mayor AGENDA ITEM #13. b) 68 Preparation of preliminary budget RCW 35A.33 sets out the responsibilities of the mayor in a code city in regard to budgeting. By definition, the term “chief administrative officer” as used in the budget statutes refers to the mayor in a code city operating under the mayor-council form of government: “Chief administrative officer” as used in this chapter includes the mayor of cities having a mayor council form of government, the commissioners in cities having a commission form of government, the city manager, or any other city official designated by the charter or ordinances of such city under the plan of government governing the same, or the budget or finance officer designated by the mayor, manager or commissioners, to perform the functions, or portions thereof, contemplated by this chapter.37 The chief administrative officer (mayor) is required to prepare the preliminary budget in detail and submit it by a certain date. The chief administrative officer shall prepare the preliminary budget in detail, making any revisions or addition to the reports of the department heads deemed advisable by such chief administrative officer and at least sixty days before the beginning of the city’s next fiscal year he shall file it with the city clerk as the recommendation of the chief administrative officer for the final budget. The clerk shall provide a sufficient number of copies of such preliminary budget and budget message to meet the reasonable demands of taxpayers therefor and have them available for distribution not later than six weeks before the beginning of the city’s next fiscal year.38 Budget message to council In every code city, a budget message prepared by or under the direction of the city’s chief administrative officer shall be submitted as a part of the preliminary budget to the city’s legislative body at least sixty days before the beginning of the city’s next fiscal year and shall contain the following: (1) An explanation of the budget document; (2) An outline of the recommended financial policies and pro- grams of the city for the ensuing fiscal year; (3) A statement of the relation of the recommended appropria- tion to such policies and programs; (4) A statement of the reason for salient changes from the previ- ous year in appropriation and revenue items; and (5) An explanation for any recommended major changes in financial policy. Prior to the final hearing on the budget, the legislative body or a committee thereof, shall schedule hearings on the budget or parts thereof, and may require the presence of department heads to give information regarding estimates and programs.39 Expenditure limitations The expenditures as classified and itemized in the final budget shall constitute the city’s appropriations for the ensuing fiscal year. Unless otherwise ordered by a court of competent jurisdiction, and subject to further limitations imposed by ordinance of the code city, the expenditure of city funds or the incurring of current liabilities on behalf of the city shall be limited to the following: (1) The total amount appropriated for each fund in the budget for the current fiscal year, without regard to the individual items contained therein, except that this limitation shall not apply to wage adjustments authorized by RCW 35A.33.105; and (2) The unexpended appropriation balances of a preceding budget which may be carried forward from prior fiscal years pursuant to RCW 35A.33.150; and (3) Funds received from the sale of bonds or warrants which have been duly authorized according to law; and (4) Funds received in excess of estimated revenues during the cur- rent fiscal year, when authorized by an ordinance amending the original budget; and (5) Expenditures required for emergencies, as authorized in RCW 35A.33.080 and 35A.33.090.40 37RCW 35A.33.010(4) 38RCW 35A.33.052 39RCW 35A.33.055 40RCW 35A.33.120, in part AGENDA ITEM #13. b) 69 Transfers between individual appropriations within any one fund Transfers between individual appropriations within any one fund may be made during the current fiscal year by order of the city’s chief administrative officer subject to such regulations, if any, as may be imposed by the city council. Notwithstanding the provisions of RCW 43.09.210 or of any statute to the contrary, transfers, as herein authorized, may be made within the same fund regardless of the various offices, departments or divisions of the city which may be affected.41 Council control over appropriations to any one fund The city council, upon a finding that it is to the best interests of the code city to decrease, revoke or recall all or any portion of the total appropriations provided for any one fund, may, by ordinance, approved by the vote of one more than the majority of all members thereof, stating the facts and findings for doing so, decrease, revoke or recall all or any portion of an unexpended fund balance, and by said ordinance, or a subsequent ordinance adopted by a like majority, the moneys thus released may be reappropriated for another purpose or purposes, without limitation to department, division or fund, unless the use of such moneys is otherwise restricted by law, charter, or ordinance.42 The budget responsibilities for mayors in mayor-council code cities operating under a biennial budget process are similar, but with a different timetable.43 Appointment and authority of mayor pro tem Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their number as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the absence or temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise, appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence or disability of a councilmember, the remaining members by majority vote may appoint a councilmember pro tempore to serve during the absence or disability.44 Note that unlike RCW 35.23.191, which defines the role of a mayor pro tem in a second class mayor-council city, RCW 35A.12.065 does not specifically limit the power of the mayor pro tem to appoint or remove officers, or to veto ordinances. This has lead to some confusion concerning the powers of a mayor pro tem in a code city, and several code cities have passed ordinances specifically limiting the power of a mayor pro tem to appoint and remove officers or to veto ordinances. Emergency management The authority of the mayor to function as the “executive head” in case of emergency or disaster is the same in all cities and towns. See the “Emergency Management” section at the end of this appendix. 41RCW 35A.33.120, in part 42RCW 35A.33.120, in part 43See RCW 35A.34.080 and RCW 35A.34.090 44RCW 35A.12.065 Appendix 1 – Overview of statutes defining and limiting the authority of a mayor AGENDA ITEM #13. b) 70 Emergency management – all cities & towns (5) Each political subdivision shall specify by ordinance or resolu- tion that the director of emergency services shall be directly responsible for the organization, administration, and opera- tion of the emergency services organization. (6) In the case of two or more political subdivisions joining in the establishment of a single emergency services organization, each political subdivision shall specify in the ordinance or resolution establishing the organization how the costs of sup- porting the organization shall be equitably shared between the constituent political subdivisions. (7) Each political subdivision shall submit a copy of the ordinance or resolution establishing its emergency services organiza- tion to the state director for evaluation and approval of the organizational plan or structure.47 Read your city’s or town’s emergency management plan thoroughly. If you have questions concerning your role and authority, review the plan with your city or town attorney. If you feel that changes should be made, review proposed amendments with your council. The state legislature has granted broad authority to cities and towns to take all necessary action to deal with a disaster: (2) In carrying out the provisions of this chapter each politi- cal subdivision, in which any disaster as described in RCW 38.52.020 occurs, shall have the power to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each political subdivision is authorized to exercise the powers vested under this section in the light of the exigen- cies of an extreme emergency situation without regard to time consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements), includ- ing, but not limited to, budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appro- priation and expenditures of public funds.48 In all cities and towns the mayor is the “executive head” who is authorized to take charge when there is an emergency or disaster.45 All cities are directed to establish a local organization for emergency management and adopt an emergency management plan which is certified as being consistent with the state emergency management plan.46 Chapter 118 in the Washington Administrative Code (WAC) contains the rules adopted by the State Division of Emergency Management which apply to all municipalities. Because each city and town has its own unique situation, emergency plans vary considerably. While some cities have chosen to establish emergency management director positions and have delegated extensive authority to those individuals, many smaller cities have chosen to coordinate their plan with the county and rely heavily upon the county for assistance in the event of an emergency. WAC 118 06 040 Responsibilities of Political Subdivisions (1) A political subdivision must establish an emergency services organization by ordinance or resolution passed by the legisla- tive body of the political subdivision. (2) In the event that two or more political subdivisions want to join in the establishment of an emergency services organiza- tion, each political subdivision must establish said organiza- tion by ordinance or resolution passed by the legislative body of the political subdivision. Such ordinance or resolution shall specify the joint relationship being entered into with one or more political subdivisions. (3) Each political subdivision must specify in the ordinance or resolution establishing the emergency services organization that the agency shall be headed by a director of emergency services who shall be appointed by and directly responsible to the executive head of the political subdivision. (4) In the case of an emergency services organization established by two or more political subdivisions, such political subdivi- sions shall specify in the ordinances or resolutions establish- ing the organization that the local government agency shall be headed by a director of emergency services who shall be appointed by the joint action of the executive heads of the constituent political subdivisions. The political subdivisions shall specify by ordinances or resolutions that the emergency services director shall be directly responsible to the executive heads of the constituent political subdivisions. 45RCW 38.52.010(8) and WAC 118-06-040 46RCW 38.52.070(1) 47WAC 118-06-040 48RCW 38.52.070(2) AGENDA ITEM #13. b) 71 Appendix 2 Voting & vetoes – A guide for mayors Quorum The general rule governing the transaction of council business is that a majority of councilmembers must be present at the meeting to constitute a quorum. This means four members of a seven-member council and three members of a five-member council. The mayor’s authority to vote Charter In charter cities, each city charter governs the voting powers of the mayor. Mayor-council Under the mayor-council form of government, the mayor may vote only in case of a tie vote of the council. However, statutes for each class of city may further limit the mayor’s tie-breaking authority, as follows: • Second class cities. Because at least four councilmember votes are required for the passage of any ordinance, resolution, or order (RCW 35.23.211), the mayor cannot break a tie vote on those matters. • Towns. At least three councilmembers must vote for passage of any resolution or order for the payment of money (RCW 35.27.270) or for the passage of an ordinance or resolution granting a franchise (RCW 35.27.330). Thus, the mayor’s vote cannot be used to break a tie vote on these issues. • Code cities. A majority of the entire membership of the council is required to vote for passage of any ordinance, grant, revocation of franchise or license, or any resolution for the payment of money (RCW 35A.12.120). Therefore, the mayor may not break a tie vote on these matters. Council-manager In all cities operating under the council-manager form of government, the mayor is eligible to vote in his or her capacity as councilmember. The mayor’s veto power • Council-manager cities. The mayor votes as a councilmember and has no veto power. • Second class mayor-council cities. The mayor may veto an ordinance, but the mayor’s veto can be overruled by five members of the council (RCW 35.23.211). • Towns. The mayor has no veto power. • Mayor-council code cities. The mayor may veto an ordinance, but the mayor’s veto can be overruled by a majority plus one of the entire council membership (RCW 35A.12.100). Abstentions In the absence of a local statute to the contrary, councilmembers are free to abstain from voting on any issue before the council. Some cities have adopted local rules of procedure allowing abstentions only when the councilmember states his or her reason for abstaining. Other cities require councilmembers to vote on all matters before the council unless a conflict of interest exists. When a conflict of interest exists, a councilmember should refrain from voting. Generally, however, other councilmembers cannot restrain a councilmember from voting due to a conflict of interest or for any other reason. The effect of an abstention on a vote is not specified by state law. Municipalities are free to adopt local rules of procedure stating the effect of an abstention. See Appendix 5, Sample City Council Rules of Procedure (Rule 5.4) for an example of a rule which provides that failure to vote when there is no valid disqualification is counted as an affirmative vote on the question. If a city does not have a rule, abstentions by one or more councilmembers may make it impossible for final action to be taken on a matter, particularly where a majority vote of the full council is needed. Voting by proxy It is a fundamental rule of parliamentary law that the right to vote is limited to those members actually present at the time a vote is taken at a legal meeting. State law is silent as to proxy voting by councilmembers. As a general rule, proxy votes are not permitted. If the city or town has not adopted a rule of procedure to the contrary, councilmembers must be present at the time the vote is taken. There is no Washington court case law on this issue. Participation by speaker phone is a possible alternative; discuss this issue with your city attorney. Appendix 2 – Voting & vetoes – A guide for mayors AGENDA ITEM #13. b) 72 Questions & answers Q. Can the mayor make and second motions, and debate issues with the council? A. In council-manager cities the mayor has the same rights to make motions and debate issues as any other councilmember. There is no statute concerning this issue in regard to mayors in mayor-council cities. The councils in mayor-council cities can adopt rules restricting the authority of the mayor to make or second motions, and require the mayor to turn over the running of the meeting to a councilmember if he wishes to vigorously participate in the debate of an issue. (See Appendix 5, Sample City Council Rules of Procedure, Rule 3.6.) Q. If there is a quorum at the start of a council meeting but one of the councilmembers gets ill and has to leave, eliminating the quorum, can the meeting continue? A. No. The council meeting must either be closed or adjourned to a stated date and time. Q. Who, if anyone, can make a motion to reconsider where a matter was defeated by a tie vote? A. Under Robert’s Rules, §36, anyone on the prevailing (winning) side of a vote can make a motion to reconsider, and the prevailing side need not be a majority, such as when a tie vote functions to defeat a matter. In that case, those who voted “no” would be entitled to make the motion to reconsider. (If an ordinance was passed at one meeting, it cannot be reconsidered, although it could, of course, be amended or repealed.) AGENDA ITEM #13. b) 73 Appendix 3 Public records disclosure The public records disclosure law deals with the public’s right to inspect and/or copy public records (RCW42.56). These state statutes were designed to insure public confidence in government by allowing full access to information concerning the administration and conduct of government. The definition of “public record” is quite broad. A public record includes “any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics” (RCW 42.56.010(2)). Papers, photos, maps, videos, and electronic records are all covered by the state law. As a general rule, all city records are available for review by the public, unless they are specifically exempted or prohibited from disclosure by state law. Because the public records disclosure statutes are sometimes difficult to interpret and are often a source of litigation, MRSC has prepared a publication which reviews all of the relevant statutes, exemptions and prohibitions to disclosure, and procedures to be followed when handling a request for disclosure. (See Public Records Act for Washington Cities, Counties, and Special Purpose Districts, and MRSC and OPMA and PRA practice tips and checklists webpage, MRSC). Appendix 3 – Public Records Disclosure Frequently asked questions Q. How soon must a city respond to a request for public records? A. State law requires that responses to requests for public records be made “promptly.” Specifically, cities must respond within five business days of receiving a request by either (1) providing the record, (2) acknowledging receipt of the record and providing a reasonable estimate of the time in which a response will be made, (3) denying the request, or 4) request clarification of a request, coupled with giving an estimated response time if the request is not clarified. Additional response time beyond five days may be based upon a need to clarify the request, to locate and assemble the records requested, to notify people and agencies affected by the request, or to determine whether any of the requested records are exempt from disclosure (RCW 42.56.520). Q. What can a city charge for providing copies of public records? A. Cities are not allowed to charge for the staff time spent in locating a public record, or for making a record available for inspection. A city can, however, charge for the actual costs connected with copying public records, including the staff time spent making the copies. A city cannot charge more than fifteen cents a page for photocopying unless the city has calculated its actual costs per page and determined that they are greater than fifteen cents. Actual costs for postage and delivery can be included, as well as the cost of any envelopes. If a city has to pay an outside source for making duplicates of records such as photographs, blueprints or tape recordings, the city can also pass those costs on to the requestor (RCW 42.56.070 & (8) and RCW 42.56.120). Additionally, cities are now expressly authorized to charge for copying and producing electronic records. A city can charge actual costs incurred for providing electronic copies, including costs related to production, file transfer, storage, and transmission. If a policy establishes that calculating actual costs would be unduly burdensome, then the following default charges may be charged: ten cents/page for records scanned into electronic format, five cents for every four electronic files or attachments uploaded to an email, cloud storage service, or other electronic delivery system, and ten cents/gigabyte for transmitting records electronically (EHB 1595). Q. What constitutes a public record? A. The state statutes broadly define public records. “‘Public record’ includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics” (RCW 42.56.010). The term “writing” encompasses a wide range of communication forms or representation. Writing includes, but is not limited to, any form of letters, words, pictures, sounds, or symbols and all papers, maps, tapes, films, prints, motion picture, film, and video recordings (RCW 42.56.010). Some records held by volunteers are excluded from the definition, if the volunteers meet certain stated conditions (they do not serve in an administrative capacity; have not been appointed by the city to an agency board, commission, or internship; and do not have a supervisory role or delegated agency authority.) AGENDA ITEM #13. b) 74 Q. Does a councilmember have greater access to public records than the public? A. As a general rule, a councilmember has greater access to public records than does the public. However, a councilmember’s access should relate to the duties of that office. Q. What public records are exempt from disclosure? A. Public records exemptions from public disclosure are contained primarily in RCW 42.56.210-42.56.640. Reference must be made to this statute to determine on a case-by-case basis whether a particular record is exempt. Q. Are employment applications exempt from disclosure? A. Yes, such applications are exempt from disclosure, including the names of applicants, resumes, and other material related to the applications (RCW 42.56.250). Although the statutory exemption does not specifically refer to applications for public appointive office, its legislative history indicates that it was intended to also apply to applicants for offices, such as the office of city manager or city clerk. Q. Is personal information contained in employee personnel files exempt from disclosure? A. It depends on the nature of the information in these records. RCW 42.56.230 exempts such records “to the extent disclosure would violate [the employee’s] right to privacy.” What constitutes a violation of a person’s right to privacy is defined by statute to mean the disclosure of information that would be (1) “highly offensive to a reasonable person” and (2) “not of legitimate concern to the public” (RCW 42.56.050). This is a stringent test, and it’s unlikely that most records found in personnel files would meet this test. Consult your attorney for further guidance. Q. Must a city disclose records which reveal the salary and benefits that a particular employee or official receives? A. Yes. There is no disclosure exemption that applies to such records. Q. Must a city disclose utility billing records? A. Yes, except for billing information in increments less than a billing cycle. No other exemption applies. However, the city should not disclose the residential addresses, telephone numbers, or additional contact information and permit meter data of utility customers that may be contained in such records (RCW 42.56.330). Q. Must the city track the public records requests it receives? A. Yes. Cities are required to maintain a log that identifies the requestor (if provided), the date and text of request, a description of records produced in response to request, a description of records redacted or withheld and the reasons for redaction/withholding, and the date of final disposition of the request. Q. Must a city respond to a request for “all records”? A. A city may deny a request for all or substantially all records not relating to a particular topic. Additionally, a city can also deny automatically generated (bot) requests received from the same requestor within a 24-hour period, if the requests cause excessive interference with the other essential functions. Q. Must a city provide public records if they are being requested for commercial purposes? A. In addition to the statutory exemptions from disclosure that a city must consider in responding to a particular request, a city is prohibited from providing or giving access to “lists of individuals” if requested for commercial purposes (RCW 42.56.070). The Attorney General’s Office has interpreted this provision to refer only to lists of natural persons, rather than, for example, to lists of businesses. Public records other than “lists of individuals” requested for commercial purposes should be provided upon request if they are not statutorily exempt from disclosure. Q. Are emails on city business sent from a personal email account of an elected or appointed city official subject to disclosure under the Public Records Act? A. Yes, emails that pertain to city business that are sent by city appointed or elected officials are potentially subject to disclosure under the PRA even if they are sent from the private email account of the official. That is because the term public record includes any email that relates to the conduct of government or performance of any governmental or proprietary function sent by a city official or employee, even if that email is sent from their private email account. It is subject to disclosure unless protected by one of the exemptions in the PRA itself. In addition, text messages and voicemails on a personal device may be public record subject to disclosure. AGENDA ITEM #13. b) 75 Appendix 4 Open Public Meetings Act General rule The general rule for open public meetings, with only a few minor exceptions, is that all meetings of the governing bodies of public agencies are to be open and accessible to the public. Not only must ordinances and rules be adopted at public meetings in order to be valid, but deliberations must be conducted openly and all members of the public must be allowed to attend (RCW 42.30, Open Public Meetings Act). A summary of open public meeting requirements is provided here. For a more complete discussion, review the MRSC publication, The Open Public Meetings Act: How it Applies to Cities, Counties and Special Purpose Districts. What meetings are covered? The Open Public Meetings Act applies to nearly all meetings of public agency governing bodies, including cities. This includes regular and special meetings of all multi-member governing bodies and subagencies (city councils, planning commissions, library or park boards, etc.). The Act applies to the meetings of committees, subcommittees, and other groups created by a governing body pursuant to its executive authority when they act on behalf of the governing body, conduct hearings, or take public testimony, whether the committee is composed of members of the governing body or not (Attorney General Opinion, 1986 AGO No. 16). Because the Act is to be liberally construed, meaning that courts will lean towards including borderline meetings, the Act should be assumed to apply unless the meeting is of a type specifically excluded by statute. The fact that a meeting is called a workshop, study session, or retreat does not mean it may be automatically closed to the public. What meetings are not covered? Several types of local government meetings are not covered under the Open Public Meetings Act: • Quasi-judicial proceedings are excluded, where the decision being made affects only individual rights and not the general public. • Committee meetings are excluded when they do not exercise actual or implied decision-making power, unless they are comprised of a majority of the members of a governing body. The Attorney General’s office and an appellate court in Washington have taken the position that a committee does not fall into this category when its powers are only advisory. • Social gatherings are excluded, as long as the attendees do not take any official action or discuss the business of the governing body. • Certain proceedings for licensing and disciplinary action and meetings for formulating collective bargaining strategies. Executive sessions (RCW 42.30.110) Executive sessions are portions of regular or special meetings that may be closed to the public. Only specific issues may be considered, where public disclosure would harm individual interests or legitimate interests of the governing body. An executive session may be held in the following cases: • To consider the selection of a site or the acquisition of real estate when public knowledge would cause likelihood of increased price; • To consider the minimum price at which real estate will be offered for sale or lease when public knowledge would cause a likelihood of decreased price; • To receive and evaluate complaints or charges brought against a public officer or employee. Note however, upon the request of the officer or employee, a public hearing or meeting open to the public must be conducted upon the complaint; • To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee; • To evaluate the qualifications of a candidate for appointment to elective office, such as when filling a councilmanic vacancy. However, the interview of the candidate and final action must be in an open meeting; • To discuss with legal counsel representing the agency, matters relating to agency enforcement actions, or litigation or potential litigation to which the agency is a party. An executive session may be held during any regular or special meeting. Before convening the executive session, the presiding officer is to publicly announce the purpose for excluding the public and the time when the executive session will be concluded. Appendix 4 – Open Public Meetings Act AGENDA ITEM #13. b) 76 Requirements for notice of meetings The public must be informed of the time and place of meetings, both “regular” meetings and “special” meetings, except in emergencies. • Regular meetings are recurring meetings with a time and place fixed by ordinance or rule. “Workshop” meetings of the council, if routinely held at a time and place set by ordinance, are still “regular” meetings and are subject to the Open Public Meetings Act. • Special meetings, called by the presiding officer or a majority of the members, must be announced in writing to all members of the governing body and members of the news media who have requested notice (RCW 42.30.080). Special meeting notices must be delivered personally or by mail 24 hours in advance and posted on a website and prominently displayed, specifying the time and place of the meeting and the business to be transacted. Only business described in the special meeting notice can be decided, although other business can be discussed. Many cities provide notice to the public when special meetings are called if there is enough time. For instance, some cities post notice of special meetings at several places in the city, and some cities publish notice in the local newspaper. Conclusion The requirements of the Open Public Meetings Act are pervasive and relatively inflexible. In deciding to hold a closed meeting, local officials should be prepared to justify the decision under a specific exemption. Officials should be alert to situations where the Open Public Meetings Act could be inadvertently violated, such as social settings, public hearings, and council retreats and workshops. Additional resources The Open Public Meetings Act, How it Applies to Washington Cities, Counties, and Special Purpose Districts, MRSC OPMA and PRA practice tips and checklists webpage, MRSC Frequently asked questions Q. What can be done if a meeting becomes disorderly? A. The mayor should instruct audience members on rules of courtesy; if rules are not followed, the speaker may lose the right to speak at the meeting or even be ejected for disorderly conduct. The meeting may be adjourned temporarily or moved to another location if order cannot be restored by removal of the disorderly individuals. Q. What if a majority of the city council get together for coffee every week at the local coffee shop? Is that considered a public meeting? A. No, not unless city business is discussed. Use extreme caution though; if a majority of the council is seen together, the public may assume that city business is the topic, and allege a violation has occurred. Q. What happens if the Open Public Meetings Act is violated? A. There are several potential consequences for violating the procedural requirements of the Open Public Meetings Act. Most importantly, actions taken in meetings that violate the Act are null and void, including the passing of ordinances and resolutions. In addition, knowing attendance by a member at an improperly held meeting is punishable by a civil fine of $500 for the first violation and $1,000 for subsequent violations. The party that prevails in an action for violation of the Act may recover reasonable expenses and attorneys’ fees under certain circumstances. Q. If a majority of the city council are included on an email related to city business, is the Open Public Meetings Act violated? A. Yes, there likely is a violation of the OPMA if a quorum of the city council exchange emails in which they discuss public business. However, if one member emails the other members to share relevant information but there is no exchange of information, then likely there is no OPMA violation. In other words, if there is just passive receipt of the email, there has been no meeting. It is the exchange of emails or dialogue between the councilmembers that triggers the likelihood of an OPMA violation. AGENDA ITEM #13. b) 77 Appendix 5 Public hearings The principal difference between council meetings and public hearings is their purpose and the public participation requirement. The two types of proceedings may seem similar to an outsider, but council meetings are conducted primarily to make decisions, while public hearings are held to gather the data and opinions from the public that facilitate the decision-makers at the council meeting. What is the difference between a public meeting and a public hearing? In Washington, all meetings of governmental bodies at which decisions are made are public meetings, under the Open Public Meetings Act. At a public meeting, anyone may attend the meeting and observe. A governmental body may permit public participation; however, there is no right of the public neither to participate in the course of a public meeting nor to comment on the subject matter being considered by the governmental body. In contrast, during a public hearing, the public is invited to speak to the council and the council primarily listens and receives public input. No decisions are made during a public hearing. A public hearing may be held as part of a regularly scheduled public meeting, but the two phases are conducted separately. When is a public hearing required? There are relatively few situations that actually require a public hearing, although there are many occasions when public hearings may be advisable. The most typical circumstances requiring public hearings are listed below. Annexation proceedings – Direct petition method of annexation Budget process – Following preliminary budget filing – Emergency expenditures Planning and zoning – Adoption or amendment of a comprehensive plan – Adoption or amendment of a zoning code Street vacations Local improvement districts – Creation of a local improvement district – Development of the assessment role – Assessment of an omitted property Arterial street construction Sale of public utility property Creation of a parking and business improvement area Approval of preliminary plats Removal of city manager (if requested) What is the required notice for public hearings? For some types of public hearings, there are specific statutory provisions containing notice requirements. Many of the public hearing statutes listed above include notice requirements. Where no specific statutory standards regarding notice are provided, each city must establish a procedure for notifying the public of upcoming hearings. The procedures may include written notification to the city’s official newspaper, publication of a notice in the official newspaper, and such other processes as the city determines will satisfy the notice requirement. What rules govern a public hearing? The governing body holding the public hearing may establish rules of procedure for its conduct. These rules may include limiting the time allowed for public presentations, as long as they are reasonable and fair. At the commencement of the hearing, the rules that will govern should be explained. The same quorum rules for public meetings apply to public hearings: a quorum of the decision-making body is required for the transaction of business. Appendix 5 – Public hearings AGENDA ITEM #13. b) 78 AGENDA ITEM #13. b) 79 Appendix 6 Sample city council rules of procedure for mayor-council code cities MRSC has on file numerous examples of council rules of procedures from both mayor-council and council- manager cities. This sample is not a “model” which we are recommending. We suggest that you review the rules printed here as well as other examples. Some cities have more detailed rules. You can review and download additional sets of rules of procedure through the MRSC web site, or contact the MRSC library to borrow additional sample rules. City council rules of procedure 1. General rules 1.1 Meetings to be public: All official meetings of the council shall be open to the public with the exception of executive sessions for certain limited topics (as defined in RCW 42.30). The journal of proceedings (minute book) shall be open to public inspection. 1.2 Quorum: Four councilmembers shall be in attendance to constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time, but no adjournment shall be for a longer period than until the next regular meeting. 1.3 Attendance, excused absences: RCW 35A.12.060 provides that a councilmember shall forfeit his/ her office by failing to attend three (3) consecutive regular meetings of the council without being excused by the council. Members of the council may be so excused by complying with this section. The member shall contact the chair prior to the meeting and state the reason for his/her inability to attend the meeting. If the member is unable to contact the chair, the member shall contact the city clerk or deputy city clerk, who shall convey the message to the chair. The chair shall inform the council of the member’s absence, state the reason for such absence and inquire if there is a motion to excuse the member. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the recorder will make an appropriate notation in the minutes. If the motion is not passed, the recorder will note in the minutes that the absence is unexcused. 1.4 Journal of proceedings: A journal of all proceedings of the council shall be kept by the city clerk and shall be entered in a book constituting the official record of the council. 1.5 Right of floor: Any member desiring to speak shall be recognized by the chair and shall confine his/her remarks to one subject under consideration or to be considered. 1.6 Rules of order: Robert’s Rules of Order Newly Revised shall be the guideline procedures for the proceedings of the council. If there is a conflict, these rules shall apply. 2. Types of meetings 2.1 Regular council meetings: The council shall meet on the ___ of each month at 7 pm. When a council meeting falls on a holiday, the council may determine an alternate day for the meeting or cancel the meeting. The council may reschedule regular meetings to a different date or time by motion. The location of the meetings shall be the council chambers at city hall, unless specified otherwise by a majority vote of the council. All regular and special meetings shall be public. 2.2 Special meetings: Special meetings may be called by the mayor or any four (4) members of the council. The city clerk shall prepare a notice of the special meeting stating the time, place and business to be transacted. The city clerk shall attempt to notify each member of the council, either by telephone or otherwise, of the special meeting. The city clerk shall give at least 24 hours’ notice of the special meeting to each local newspaper of general circulation and to each local radio and/or television station which has filed with the clerk a written request to be notified of special meetings. No subjects other than those specified in the notice shall be considered. The council may not make final disposition on any matter not mentioned in the notice. Special meetings may be called in less than 24 hours, and without the notice required in this section, to deal with emergencies involving injury or damage to persons or property or the likelihood of such injury or damage if the notice requirements would be impractical or increase the likelihood of such injury or damage. Appendix 6 – Sample city council rules of procedure for mayor-council code cities AGENDA ITEM #13. b) 80 2.3 Continued and adjourned sessions: Any session of the council may be continued or adjourned from day to day, or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting. 2.4 Study sessions and workshops: The council may meet informally in study sessions and workshops (open to the public), at the call of the mayor or of any three or more members of the council, to review forthcoming programs of the city, receive progress reports on current programs or projects, receive other similar information from city department heads or conduct procedures workshops, provided that all discussions and conclusions thereon shall be informal and do not constitute official actions of the council. Study sessions and workshops held by the council are “special meetings” of the council, and the notice required by RCW 42.30.080 must be provided. 2.5 Executive sessions: Executive sessions or closed meetings may be held in accordance with the provisions of the Washington State Open Meetings Act (RCW 42.30 ). Among the topics that may be discussed are: (1) personnel matters; (2) consideration of acquisition of property for public purposes or sale of city-owned property; and (3) potential or pending litigation in which the city has an interest, as provided in the Revised Code of Washington. The council may hold an executive session during a regular or special meeting. Before convening in executive session the chair shall publicly announce the purpose for excluding the public from the meeting place and the time when the executive session will be concluded. If the council wishes to adjourn at the close of a meeting from executive session, that fact will be announced along with the estimated time for the executive session. The announced time limit for executive sessions may be extended to a stated later time by the announcement of the chair. 2.6 Attendance of media at council meetings: All official meetings of the council and its committees shall be open to the media, freely subject to recording by radio, television and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. 3. Chair and duties 3.1 Chair: The mayor, if present, shall preside as chair at all meetings of the council. In the absence of the mayor, the mayor pro tem shall preside. In the absence of both the mayor and mayor pro tem, the council shall elect a chair. 3.2 Call to order: The meetings of the council shall be called to order by the mayor or, in his absence, by the mayor pro tem. In the absence of both the mayor and mayor pro tem, the meeting shall be called to order by the city clerk or Clerk’s designee for the election of a temporary chair. 3.3 Preservation of order: The chair shall preserve order and decorum, prevent attacks on personalities or the impugning of members’ motives and confine members in debate to the question under discussion. 3.4 Points of order: The chair shall determine all points of order, subject to the right of any member to appeal to the council. If any appeal is taken, the question shall be “Shall the decision of the chair be sustained?”. 3.5 Questions to be stated: The chair shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon all questions. 3.6 Mayor – powers: The mayor may not make or second motions, but may participate in debate to the extent that such debate does not interfere with chairing the meeting. If the mayor wishes to participate vigorously in the debate of an issue, the mayor shall turn over chairing of that portion of the meeting to the mayor pro tem, or to another councilmember if the mayor pro tem is absent. The mayor’s voting rights and veto power are as specified in RCW 35A.12.100. AGENDA ITEM #13. b) 81 4. Order of business and agenda 4.1 Order of business: The order of business for all regular meetings shall be transacted as follows unless the council, by a majority vote of the members present, suspends the rules and changes the order: (1) Call to order (2) Pledge of allegiance (3) Council discussion/agenda review/set time restrictions (See Rules 6.1 and 7.4) (4) Comments from city residents (5) Consent agenda (6) Mayor’s reports (7) Department head/council committee/board/ commission reports (8) Other business (9) Continued comments from city residents (10) Councilmember comments (11) Adjournment The consent agenda may contain items which are of a routine and noncontroversial nature which may include, but are not limited to, the following: meeting minutes, payroll, claims, budget amendments, park use requests and any item previously approved by council with a unanimous vote and which is being submitted to council for final approval. Any item on the consent agenda may be removed and considered separately as an agenda item at the request of any councilmember or any person attending a council meeting. 4.2 Council agenda: The mayor shall prepare the agenda for council meetings. Subject to the council’s right to amend the agenda, no legislative item shall be voted upon which is not on the council agenda, except in emergency situations (defined as situations which would jeopardize the public’s health, safety or welfare). 4.3 Mayor and councilmember comments and concerns: The agenda shall provide a time when the mayor (“Mayor’s reports”) or any councilmember (“Comments from councilmembers”) may bring before the council any business that he/she feels should be deliberated upon by the council. These matters need not be specifically listed on the agenda, but formal action on such matters may be deferred until a subsequent council meeting, except that immediate action may be taken upon a vote of a majority of all members of the council. There shall be no lectures, speeches or grandstanding. 5. Consensus and motions 5.1 Consensus votes: When a formal motion is not required on a council action or opinion, a consensus voice vote will be taken. The chair will state the action or opinion and each councilmember will state his/her name and vote by saying “aye” or “nay”. 5.2 Motions: No motion shall be entertained or debated until duly seconded and announced by the chair. The motion shall be recorded and, if desired by any councilmember, it shall be read by the recorder before it is debated and, by the consent of the council, may be withdrawn at any time before action is taken on the motion. 5.3 Votes on motions: Each member present shall vote on all questions put to the council except on matters in which he or she has been disqualified for a conflict of interest or under the appearance of fairness doctrine. Such member shall disqualify himself or herself prior to any discussion of the matter and shall leave the council chambers. When disqualification of a member or members results or would result in the inability of the council at a subsequent meeting to act on a matter on which it is required by law to take action, any member who was absent or who had been disqualified under the appearance of fairness doctrine may subsequently participate, provided such member first shall have reviewed all materials and listened to all tapes of the proceedings in which the member did not participate. 5.4 Failure to vote on a motion: Any councilmember present who fails to vote without a valid disqualification shall be declared to have voted in the affirmative on the question. 5.5 Motions to reconsider: A motion to reconsider must be made by a person who voted with the majority on the principal question and must be made at the same or succeeding regular meeting. No motion to reconsider an adopted quasi-judicial written decision shall be entertained after the close of the meeting at which the written findings were adopted. Appendix 6 – Sample city council rules of procedure for mayor-council code cities AGENDA ITEM #13. b) 82 6. Public hearing procedures 6.1 Speaker sign-in: Prior to the start of a public hearing the chair may require that all persons wishing to be heard sign in with the recorder, giving their name and whether they wish to speak as a proponent, opponent or from a neutral position. Any person who fails to sign in shall not be permitted to speak until all those who signed in have given their testimony. The chair, subject to the concurrence of a majority of the council, may establish time limits and otherwise control presentations. (Suggested time limit is three minutes per speaker or five minutes when presenting the official position of an organization or group.) The chair may change the order of speakers so that testimony is heard in the most logical groupings (i.e. proponents, opponents, adjacent owners, etc.). 6.2 Conflict of interest/Appearance of fairness: Prior to the start of a public hearing the chair will ask if any councilmember has a conflict of interest or Appearance of Fairness Doctrine concern which could prohibit the councilmember from participating in the public hearing process. A councilmember who refuses to step down after challenge and the advice of the city attorney, a ruling by the mayor or chair and/or a request by the majority of the remaining members of the council to step down is subject to censure. The councilmember who has stepped down shall not participate in the council decision nor vote on the matter. The councilmember shall leave the council chambers while the matter is under consideration, provided, however, that nothing herein shall be interpreted to prohibit a councilmember from stepping down in order to participate in a hearing in which the councilmember has a direct financial or other personal interest. 6.3 The public hearing process: The chair introduces the agenda item, opens the public hearing and announces the following Rules of Order: (1) All comments by proponents, opponents or other members of the public shall be made from the podium; any individuals making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. (2) No comments shall be made from any other location. Anyone making “out of order” comments shall be subject to removal from the meeting. If you are disabled and require accommodation, please advise the recorder. (3) There will be no demonstrations during or at the conclusion of anyone’s presentation. (4) These rules are intended to promote an orderly system of holding a public hearing, to give every person an opportunity to be heard, and to ensure that no individual is embarrassed by exercising his/her right of free speech. • The chair calls upon city staff to describe the matter under consideration. • The chair calls upon proponents, opponents and all other individuals who wish to speak regarding the matter under consideration. • The chair inquires as to whether any councilmember has questions to ask the proponents, opponents, speakers or staff. If any councilmember has questions, the appropriate individual will be recalled to the podium. • The chair continues the public hearing to a time specific or closes the public hearing. 7. Duties and privileges of community members 7.1 Meeting participation: The public is welcome at all council meetings and are encouraged to attend and participate prior to the deliberations of the council. Recognition of a speaker by the chair is a prerequisite and necessary for an orderly and effective meeting, be the speaker an attendee, councilmember or staff member. Further, it will be expected that all speakers will deliver their comments in a courteous and efficient manner and will speak only to the specific subject under consideration. Anyone making out- of-order comments or acting in an unruly manner shall be subject to removal from the meeting. Use of cellular telephones is prohibited in the council chambers. AGENDA ITEM #13. b) 83 7.2 Subjects not on the current agenda: Under agenda item “Comments from city residents,” the public may address any item they wish to discuss with the mayor and council. They shall first obtain recognition by the chair, state their name, address and subject of their comments. The chair shall then allow the comments, subject to a three (3) minute limitation per speaker, or other limitations as the chair or council may deem necessary. Following such comments, if action is required or has been requested, the chair may place the matter on the current agenda or a future agenda or refer the matter to staff or a council committee for action or investigation and report at a future meeting. 7.3 Subjects on the current agenda: Any member of the public who wishes to address the council on an item on the current agenda shall make such request to the chair or presiding officer. The chair shall rule on the appropriateness of public comments as the agenda item is reached. The chair may change the order of speakers so that testimony is heard in the most logical grouping (i.e. proponents, opponents, adjacent owners, etc.). All comments shall be limited to three (3) minutes per speaker, or other limitations as the chair or council may deem necessary. 7.4 Manner of addressing the council – time limit: Each person addressing the council shall step up to the podium, give his/her name and address in an audible tone of voice for the record and, unless further time is granted by the council, shall limit his/her remarks to three (3) minutes. Agenda items “Comments from city residents” and “Continued comments from city residents” shall be limited to a total of 30 minutes each unless additional time or less time is agreed upon by the council (dependent upon the length of the council agenda). All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the chair, members of the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the council. No questions shall be asked of the councilmembers, except through the chair. The council will then determine the disposition of the issue (information only, place on present agenda, workshop, a future agenda, assign to staff, assign to council Committee or do not consider). 7.5 Personal and slanderous remarks: Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the council may be requested to leave the meeting and may be barred from further audience before the council during that council meeting by the chair or presiding officer. 7.6 Written communications: Interested parties, or their authorized representatives, may address the council by written communication in regard to any matter concerning the city’s business or over which the council had control at any time. The written communication may be submitted by direct mail or by addressing the communication to the city clerk who will distribute copies to the councilmembers. The communication will be entered into the record without the necessity for reading as long as sufficient copies are distributed to members of the audience/ public. 7.7 Comments in violation of the appearance of fairness doctrine: The chair may rule out of order any comment made with respect to a quasi-judicial matter pending before the council or its boards or commissions. Such comments should be made only at the hearing on a specific matter. If a hearing has been set, persons whose comments are ruled out of order will be notified of the time and place when they can appear at the public hearing on the matter and present their comments. 7.8 “Out of Order” comments: Any person whose comments have been ruled out of order by the chair shall immediately cease and refrain from further improper comments. The refusal of an individual to desist from inappropriate, slanderous or otherwise disruptive remarks after being ruled out of order by the chair may subject the individual to removal from the council chambers. These rules are intended to promote an orderly system of holding a public meeting and to give every person an opportunity to be heard. Appendix 6 – Sample city council rules of procedure for mayor-council code cities AGENDA ITEM #13. b) 84 8. Filling council vacancies and selecting mayor pro tem 8.1 Notice of vacancy: If a council vacancy occurs, the council will follow the procedures outlined in RCW 42.12.070. In order to fill the vacancy with the most qualified person available until an election is held, the council will widely distribute and publish a notice of the vacancy and the procedure and deadline for applying for the position. 8.2 Application procedure: The council will draw up an application form which contains relevant information that will answer set questions posed by council. The application form will be used in conjunction with an interview of each candidate to aid the council’s selection of the new councilmember. 8.3 Interview process: All candidates who submit an application by the deadline will be interviewed by the council during a regular or special council meeting open to the public. The order of the interviews will be determined by drawing the names; in order to make the interviews fair, applicants will be asked to remain outside the council chambers while other applicants are being interviewed. Applicants will be asked to answer questions submitted to them in advance of the interview and questions posed by each councilmember during the interview process. The councilmembers will ask the same questions of each candidate. Each candidate will then be allowed two (2) minutes for closing comments. Since this is not a campaign, comments and responses about other applicants will not be allowed. 8.4 Selection of councilmember: The council may recess into executive session to discuss the qualifications of all candidates. Nominations, voting and selection of a person to fill the vacancy will be conducted during an open public meeting. 8.5 Selecting mayor pro tem and alternate mayor pro tem: The mayor pro tem and Alternate mayor pro tem will be selected by the councilmembers. 9. Creation of committees, boards and commissions 9.1 Community committees, boards and commissions: The council may create committees, boards, and commissions to assist in the conduct of the operation of city government with such duties as the council may specify not inconsistent with the city code. 9.2 Membership and selection: Membership and selection of members shall be as provided by the council if not specified otherwise in the city code. Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the council. No committee so appointed shall have powers other than advisory to the council or to the mayor except as otherwise specified in the city code. 9.3 Removal of members of boards and commissions: The council may remove any member of any board or commission which it has created by a vote of at least a majority of the council (this rule does not apply to the civil service commission or any other such body which has statutory procedures concerning removal). 10. Suspension and amendment of these rules 10.1 Suspension of these rules: Any provision of these rules not governed by the city code may be temporarily suspended by a vote of a majority of the council. 10.2 Amendment of these rules: These rules may be amended or new rules adopted by a majority vote of all members of the council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior council meeting. AGENDA ITEM #13. b) 85 Appendix 7 Sample procedures: Appearance of fairness and quasi- judicial hearing For a complete explanation of the appearance of fairness doctrine and related hearing procedures, see the MRSC publication, Appearance of Fairness Doctrine in Washington State. The following sample procedures provide an example of a process for complying with the appearance of fairness doctrine in quasi-judicial hearings. They are provided as an example only – please do not copy without checking with your legal counsel. MRSC has samples of other council rules of procedure which include alternative wording. Appearance of fairness doctrine defined “When the law which calls for public hearings gives the public not only the right to attend but the right to be heard as well, the hearings must not only be fair but must appear to be so. It is a situation where appearances are quite as important as substance. The test of whether the appearance of fairness doctrine has been violated is as follows: Would a disinterested person, having been apprised of the totality of a board member’s personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist? If answered in the affirmative, such deliberations, and any course of conduct reached thereon, should be voided” (Zehring v. Bellevue, 99 Wn.2d 488, 1983). Types of hearings to which doctrine applies The Appearance of Fairness Doctrine applies to land use decisions of the Council which are quasi-judicial in nature. Quasi-judicial actions are proceedings of the city council which determine the legal rights, duties, or privileges of specific parties in a hearing or other contested proceeding. Quasi-judicial actions do not include legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide significance (RCW 42.36.010). Some examples of quasi-judicial actions which may come before the council are: rezones or reclassifications of specific parcels of property, appeals from decisions of the hearing examiner, substantive appeals of threshold decisions under the State Environmental Protection Act, subdivisions, street vacations, and special land use permits. General guidelines a conflict of interest, but whether there is an appearance of conflict of interest to the average person. This may involve the councilmember, or a councilmember’s business associate, or a member of the councilmember’s immediate family. It could involve ex parte communications, ownership of property in the vicinity, business dealings with the proponents or opponents before or after the hearing, business dealings of the councilmember’s employer with the proponents or opponents, announced predisposition, and the like. Prior to any quasi-judicial hearing, each councilmember should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If the answer is in the affirmative, no matter how remote, the councilmember should disclose such facts to the mayor who will seek the opinion of the city attorney as to whether a potential violation of the Appearance of Fairness Doctrine exists. The Mayor shall communicate such opinion to the councilmember. Anyone seeking to disqualify a councilmember from participating in a decision on the basis of a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis for disqualification is made known or reasonably should have been made known prior to the issuance of the decision; upon failure to do so, the Doctrine may not be relied upon to invalidate the decision. The party seeking to disqualify the councilmember shall state with specificity the basis for disqualification; for example: demonstrated bias or prejudice for or against a party to the proceedings, a monetary interest in outcome of the proceedings, prejudgment of the issue prior to hearing the facts on the record, or ex parte contact. Should such challenge be made prior to the hearing, the mayor shall direct the city attorney to interview the councilmember and render an opinion as to the likelihood that an Appearance of Fairness violation would be sustained in superior court. Should such challenge be made in the course of a quasi-judicial hearing, the presiding officer shall call a recess to permit the city attorney to make such interview and render such opinion. Appendix 7 – Sample procedures: Appearance of fairness and quasi-judicial hearing AGENDA ITEM #13. b) 86 The mayor shall have sole authority to request a councilmember to excuse himself/herself on the basis of an Appearance of Fairness violation. Further, if two (2) or more councilmembers believe that an Appearance of Fairness violation exists, such individuals may move to request a councilmember to excuse himself/herself on the basis of an Appearance of Fairness violation. In arriving at this decision, the mayor or other councilmembers shall give due regard to the opinion of the city attorney. Notwithstanding the request of the mayor or other councilmembers, the councilmember may participate in any such proceeding. Hearing procedure 1. The mayor or other individual chairing the meeting will start by first describing the purpose of the meeting and will then read RCW 42.36.060: During the pendency of any quasi-judicial proceeding, no member of a decision-making body may engage in ex parte communications with opponents or proponents with respect to the proposal which is the subject of the proceeding unless that person: (1) Places on the record the substance of any written or oral ex parte communications concerning the decision of action; and (2) Provides that a public announcement of the content of the communication and of the parties’ rights to rebut the substance of the communication shall be made at each hearing where action is considered or taken on the subject to which the communication related. This prohibition does not preclude a member of a decision-making body from seeking in a public hearing specific information or data from such parties relative to the decision if both the request and the results are a part of the record. Nor does such prohibition preclude correspondence between a resident and his or her elected official if any such correspondence is made a part of the record when it pertains to the subject matter of a quasi-judicial proceeding. 2. The chairperson will then ask each councilmember to state for the record what ex parte contacts they have had, whether written or oral, concerning the matter to be decided. 3. The chairperson will then ask the following questions: (a) Does any member of this council have knowledge of having conducted business with either the proponents or opponents of this [name type of project or proceeding]? (b) Does any member of this council have either a pecuniary or a nonpecuniary interest in the outcome of this proceeding? (c) Does any member of this council know whether or not their employer has a financial interest in the land or area which will be impacted by the decision in this proceeding? (d) Does any member of this council live or own property within 300 feet of the area which will be impacted by the decision in this proceeding? (e) Does any member of this council have any special knowledge about the substance of the merits of this proceeding which would or could cause the councilmember to prejudge the outcome of this proceeding? (f) Is there any member of this council who believes that he or she cannot sit and hear this matter fairly and impartially, both as to the respective positions of the proponents and the opponents in this proceeding? (g) Is there any member of the audience who because of the “Appearance of Fairness Doctrine” wishes to disqualify any member of the council from hearing this matter? If so, please state the name of the councilmember and the reason or reasons why you believe that councilmember should be disqualified. After the above procedure has been followed and all requests for disqualification have been handled, the mayor or other person chairing the meeting will proceed with the hearing in accordance with the agenda. Additional resources Public Hearings – When and How to Hold Them, MRSC Focus Knowing the Territory, MRSC The Appearance of Fairness Doctrine in Washington State, MRSC AGENDA ITEM #13. b) 87 Appendix 8 Public participation: Tips for talking with the council The following is part of one city’s guidance to the public on how they can provide input at council meetings. Similar language appears on several city web pages on the Internet. • The city council welcomes participation in all public meetings. Arrangements for a sign language interpreter, hearing assistance and other assistance can be made by calling the council secretary at _______or the deputy city clerk at _______. • When you feel strongly about a public issue or a local concern, the council encourages you to share your information and thoughts with them. If you are unable to attend a meeting or would rather not give testimony at the meeting, you are encouraged to send/fax a letter which would be made a part of the official record. • To speak during the public comment period, you do not have to sign up in advance, and you may talk on any item and/or concern not scheduled for a public hearing. • If you want to speak on the topic at a public hearing scheduled for that evening, you must comment during the public hearing portion of the meeting, however, you need not sign up in advance. • When you talk with the council, step up to one of the microphones and identify yourself by stating your name and address so they will know who you are. Be sure your microphone is on and speak into it clearly (it is not necessary to try to adjust the microphone to your height). • During the public comment period, your comments are limited to three minutes. These are guidelines to help councilmembers hear as many different viewpoints as possible in the limited time available. If you are speaking for a group, you must tell the council how the group developed the position that you are presenting. • If previous speakers have already made the comments you wish to make, feel free simply to identify yourself and indicate your agreement with what has already been said. • During the public comment periods, residents have called the council’s attention to a wide variety of issues concerning the city. Residents’ views have ranged from concerns about parking in front of their homes to improving wheelchair accessibility throughout the city. Suggested presentation model for precise, well organized proposals • Point. What is the idea you wish to present? Begin with an “I statement” outlining your idea, such as, “I am here to (support/oppose)...” • Reason. Why you are making this point. This is an important step so the listener does not make assumptions about your motives. • Example. Brief and relevant example to clarify and make your point concrete. • Summary. What condition will be changed or improved if your point is adopted? • Action. (If appropriate, depending on the situation) What needs to be done and who will do it. Public hearings A public hearing offers you a formal opportunity to give your views to the Council on the subject of the hearing. • To give testimony, step up to one of the microphones and identify yourself by stating your name and address for the record. When you talk to the council during a public hearing, councilmembers, staff and the audience will remain silent. After the last person has spoken, the hearing will be closed. The city council will then discuss and will often decide on the issue. • The audience may not comment during council’s deliberations unless a councilmember requests more information from a speaker. • Again, you are also encouraged to submit your written comments on the subject to the council secretary or city clerk before the meeting so they can be included in the record and distributed to the council. Appendix 8 – Public participation: Tips for talking with the council AGENDA ITEM #13. b) 88 AGENDA ITEM #13. b) 89 Appendix 9 Meeting tips Meeting savvy Consider these pieces of advice when preparing for a meeting: • Give colleagues time to assimilate things. You’ll notice that an idea rejected one day may be presented by the one who opposed it earlier. • Don’t try to please everyone. This simply does not work and makes you look weak and indecisive. • Confront meeting disrupters immediately. Don’t let them take control of the meeting or set its tone. • “We’ve always done it this way.” Don’t become so enamored with precedent that it keeps the group from moving forward. • Don’t waste quality meeting time dealing with routine complaints that can be resolved by staff outside the meeting. • Apply rules equally with all participants. Don’t strictly enforce a time limit for one person and be lax with another. • Be careful about using first names of audience members you know and last names of those you don’t. It may be interpreted as bias. • Alert staff before the meeting if you intend to bring up an important issue. This simple courtesy will help staff prepare background information and avoid embarrassment. • Be sensitive to audience perceptions regarding your neutrality during a recess, especially during hot meetings. If you meet with one group and not with another, you may be perceived as favoring that group. • If you disagree with a significant statement or proposal made by a colleague or staff member at a meeting, express that disagreement. Silence may be interpreted by staff as agreement and they may take action based upon that assumption. Chairperson faux pas Acting as the chair for a group is a demanding task. Here are some common mistakes: • Failing to remain impartial during a heated discussion. • Forgetting to relinquish the gavel when the chair becomes emotionally involved in an issue. • Treating members unevenly. • Cutting off discussion before members are ready. • Failing to close discussion in a timely manner. • Failing to establish or follow the agenda. • Allowing the meeting to become too informal; letting the meeting drift. • Neglecting to explain the process being followed. • Failing to restate audience questions so all in the audience can hear. • Failing to recognize and deal with councilmember objections to procedure or process. • Failing to protect members and staff from verbal attack. • Losing track of amendments to motions. • Failing to restate motions before they are voted upon. • Forgetting to call recesses during long meetings. • Neglecting to reconvene the meeting at the specified time after a recess. Resist the temptation to be a dictator at council meetings. Remember: it’s the council’s meeting, not the mayor’s meeting. Appendix 9 – Meeting tips Source: Elected Official’s Little Handbook, Len Wood. AGENDA ITEM #13. b) 90 The art of asking questions: How to aid discussion by asking the right questions Questions are one of the most important tools you can use to obtain information, focus the group and facilitate decision- making. Here are some samples: Asking of colleagues • How do you feel about this item? • What do you think the proposed action will accomplish? • Would you please elaborate on your position? • What results are we looking for? Asking of staff • What other alternatives did you consider? • Why has this item come to be on our agenda? • What are we trying to accomplish with this law/policy? • What are the benefits and drawbacks? • Will you please explain the process? • Have we ever made an exception to this policy? • What would it take for you to support this? • What type of feedback have you received from the residents? Asking of the public • How will this proposal affect you? • What do you think about the proposed action? • What are your concerns? • What other ways can you suggest for solving the problem? To broaden participation • We’ve heard from some of you. Would others who have not yet spoken like to add their ideas? • How do the ideas presented thus far sound to those of you who have been thinking about them? • What other issues related to this problem should we discuss? To limit participation • We appreciate your contributions. However, it might be well to hear from some of the others. • You have made several good statements, and I am wondering if someone else might like to ask a question or make a statement. • Since all of the group have not yet had an opportunity to speak, I wonder if you could hold your comments until a little later? To focus discussion • Where are we now in relation to the decision we need to make? • Would you like to have me review my understanding of what’s been said and where we are? • Your comment is interesting. However, I wonder if it relates to the problem before us? • As I understand it, this is the problem...Are there additional comments before we come to a decision? To help the group move along • I wonder if we’ve spent enough time on this and are ready to move along to. . .? • Have we gone into this part of the problem far enough so that we can shift our attention to...? • In view of the remaining agenda items, would it be well to go to the next question before us? To help the group reach a decision • Do I sense an agreement on these points. . .? • What have we accomplished up to this point? • Should we look at our original objective and see how we close we are to it? • Would someone care to sum up our discussion on this issue? To lend continuity • At our last meeting we discussed this issue. Anyone care to review what we covered then? • Since we cannot reach a decision at this meeting, what issues should we take up at the next one? • Are there points that need further study before we convene again? Source: Elected Official’s Little Handbook, Len Wood If You Only Had More Time – But You Don’t, International City Management Association AGENDA ITEM #13. b) 91 Appendix 10 Parliamentary procedure Parliamentary procedure provides the process for proposing, amending, approving and defeating legislative motions. Although following parliamentary procedure is not required, it can make council meetings more efficient and reduces the chances of council actions being declared illegal or challenged for procedural deficiencies. A city may adopt, by ordinance or resolution, its own set of rules governing the conduct of council meetings, or it may adopt by reference formalized rules such as Robert’s Rules of Order. Many Washington cities have adopted Robert’s Rules, supplementing those rules with additional rules on issues such as voting abstentions and motions for reconsideration. (See Appendix 5, Sample Council Rules of Procedure.) Motions Business is brought before the council by motions, a formal procedure for taking actions. To make a motion, a councilmember must first be recognized by the mayor. After the councilmember has made a motion (and after the motion is seconded if required), the chair must then restate it or rule it out of order, then call for discussion. Most motions require a second, although there are a few exceptions. Exact wording of motions and amendments is important for clarity and recording in the minutes. If it’s a complex motion, the motion should be written down for the chair to read. Robert’s Rules The following summarizes important points from Robert’s Rules of Order. Other parliamentary rules or your own council rules of procedure may contain different provisions. • Only one subject may be before a group at one time. Each item to be considered is proposed as a motion which usually requires a “second” before being put to a vote. Once a motion is made and seconded, the chair places the question before the council by restating the motion. • “Negative” motions are generally not permitted. To dispose of a business item, the motion should be phrased as a positive action to take, and then, if the group desires not to take this action, the motion should be voted down. The exception to this rule is when a governing body is asked to take action on a request and wishes to create a record as to why the denial is justified. • Only one person may speak at any given time. When a motion is on the floor, an order of speaking is prescribed by Robert’s Rules, allowing the mover of a motion to speak first, so that the group understands the basic premise of the motion. The mover is also the last to speak, so that the group has an opportunity to consider rebuttals to any arguments opposing the motion. • All members have equal rights. Each speaker must be recognized by the moderator prior to speaking. Each speaker should make clear his or her intent by stating, “I wish to speak for/against the motion” prior to stating arguments. • Each item presented for consideration is entitled to a full and free debate. Each person speaks once, until everyone else has had an opportunity to speak. • The rights of the minority must be protected, but the will of the majority must prevail. Persons who don’t share the point of view of the majority have a right to have their ideas presented for consideration, but ultimately the majority will determine what the council will or will not do. Use parliamentary procedure as a tool, not a bludgeon. It is bad practice to use the power of the chair to thwart the will of the majority. Appendix 10 – Parliamentary procedure AGENDA ITEM #13. b) 92 Types of motions Robert’s Rules of Order provides for four general types of motions. Main motions The most important are main motions, which bring before the board, for its action, any particular subject. Main motions cannot be made when any other motions are before the group. Subsidiary motions Subsidiary motions are motions which direct or change how a main motion is handled. These motions include: Tabling. Used to postpone discussion until the group decides by majority vote to resume discussion. By adopting the motion to “lay on the table”, a majority has the power to halt consideration of the question immediately without debate. Requires a second, nondebatable, not amendable. Previous question or close debate. Used to bring the body to an immediate vote. It closes debate and stops further amendment. Contrary to some misconceptions, the majority decides when enough discussion has occurred, not the moderator. The formal motion is to “call for the question” or “call for the previous question,” or simply, “I move to close debate.” The motion requires a second, is not debatable and requires a two-thirds majority. Limit/extend debate. May be desired if the group has adopted a rule limiting the amount of time that will be spent on a topic, or if the group desires to impose a time limitation. Postpone to a definite time. Similar to tabling, except that the motion directs that the matter will be taken up again at some specific date and time. Refer to committee. Directs that some other body will study the matter and report back. Amendment. Used to “fine tune” a motion to make it more acceptable to the group. The amendment must be related to the main motion’s intent and cannot be phrased in a way that would defeat the main motion. Two amendments may be on the floor at one time: the first amendment modifies the main motion, and the second amendment must relate to the first amendment. When an amendment is on the floor, only the amendment may be debated. The amendments are voted on in the reverse order in which they were made, as each amendment changes to some degree the intent of the main motion. As each amendment is voted on, an additional primary or secondary amendment may be introduced. Requires a second, debatable, majority vote. Postpone indefinitely. This motion effectively kills a motion, because, if adopted, a two-thirds vote is subsequently required to take the matter up again. Incidental motions Incidental motions are housekeeping motions which are in order at any time, taking precedence over main motions and subsidiary motions. These motions include: Point of order. To bring to the group’s attention that the rules are being violated. You don’t need not to be recognized prior to making a point of order. This is not really a motion, but requires the moderator to make a ruling as to whether or not immediate consideration is proper. Appeal from the decision of the chair. The group can overrule the chair on any decision. While the motion must be seconded, it cannot be amended. When this motion is moved and seconded, the moderator immediately states the question, “Shall the decision of the chair stand as the judgment of the council?” If there is a tie vote, the chair’s decision is upheld. The motion is not debatable when it applies to a matter of improper use of authority or when it is made while there is a pending motion to close debate. However, the motion can be debated at other times. Each person may speak once, and the moderator may also state the basis for the decision. AGENDA ITEM #13. b) 93 Parliamentary inquiry. Not a motion, but a question as to whether an action would be in order. Point of information. A person may rise to offer information that is considered necessary for the group. This provision is not used to offer debate. Division of assembly. To require a more precise method of counting votes than by a voice vote, such as having persons raise hands, or stand. No second, not debatable, no vote required. Request to withdraw a motion. Contrary to popular misconception, a motion cannot be withdrawn by its mover. This request requires majority approval. Suspension of the rules. When matters are to be taken out of order, or a particular task can be better handled without formal rules in place, this motion can be approved by a two-thirds vote of the group. However, until the rules are restored, only discussion can occur; no decisions can be made. Second required, not debatable, not amendable. Object to consideration of a question. When a motion is so outrageous, intended to distract the group from resolving legitimate business. The motion can be objected to and ruled out of order without debate. However, if the chair does not rule the motion out of order, a two-thirds vote of the group can block further consideration Renewal motions Once the group has taken action, renewal motions require the group to further discuss or dispose of a motion. The motions include: Reconsider. When the group needs to discuss further a motion that has already been defeated at the same meeting. A majority of the council must approve taking additional time to debate the motion again. The motion can be made only by a person who voted on the prevailing side earlier on the question. Contrary to another popular misconception, the motion may be brought up again at a subsequent meeting. If the moderator believes that there is no indication that the group’s wishes have changed, however, the motion can be ruled out of order, subject to an appeal from the decision of the chair. Take from the table. Unless the original motion to table directed that the motion be brought back at a specific date and time, a majority of the group must pass a motion to take from the table. Such a motion is nondebatable. Rescind. When the group wishes to annul some action, a motion to rescind is in order at any time. If prior notice has been given to the group that this action will be considered, the motion to rescind can pass with a simple majority vote; however, if no prior notice has been given, the vote requires a two-thirds majority. Questions of privilege Finally, there are a few questions of privilege that are in order at any time and must be disposed of prior to resuming discussion on the matter at hand: Fix the time for next meeting. This is in order at any time, including when a motion to adjourn is pending. Second required, not debatable, amendable. Adjourn. To bring the meeting to a halt. Second required, not debatable, not amendable. Alternatively, instead of a motion, the chair can ask if there is any further business. If no response, the chair can say, “since there is no further business, the meeting is adjourned.” Recess. A temporary break in the meeting; should state a time at which the meeting will resume. Second required, not debatable, not amendable. Point of privilege. A matter that concerns the welfare of the group. Can be raised even when another person is speaking. No second, not debatable, no vote required. Call for the orders of the day. A demand that the group return to the agenda. Can be taken when another person is speaking, no second required, not debatable, no vote required. Appendix 10 – Parliamentary procedure Source: Survival Guide for Elected Leaders, National Association of Towns and Townships. AGENDA ITEM #13. b) 94 AGENDA ITEM #13. b) 95 Appendix 11 Keeping out of trouble Public officers have the duty of serving the public with undivided loyalty, uninfluenced by any private interest or motive. Care must be taken not to violate this duty of trust, either in appearance or in fact. The behavior of public officers is often scrutinized by the public and is the subject of a profusion of laws. The statutory provisions and common law doctrines that public officials should be familiar with include: • Conflict of interest • Incompatible offices • Appearance of fairness • Public records disclosure • Financial disclosure • Salary increase prohibitions Keep in mind that there may be overlap between these topics. For example, an activity that passes the conflict of interest test may violate appearance of fairness. It is beyond the scope of this publication to discuss most of these doctrines in any detail. However, be aware that more detailed information is available on these doctrines in the MRSC publication Knowing the Territory. A brief discussion of financial disclosure requirements and the salary increase prohibitions will be provided here because these doctrines are not discussed in Knowing the Territory. Appendix 11 – Keeping out of trouble Financial disclosure by public officials Another component of “open government” is personal disclosure of the financial affairs of elected officials. The disclosures of political campaign financing and legislative lobbying are other important areas, but they will not be discussed here. Presumably, councilmembers have been exposed to those requirements as part of their campaign process. Financial disclosure is required of all elected officials and members of their immediate families, except in small cities and towns. (RCW 42.17A.710). A statement of financial affairs for the preceding calendar year must be filed between January 1 and April 15. Financial disclosure is also required of an appointee in an elective office vacancy. Q. Is any financial disclosure required of nonelected officials? A. The only appointed city official who is required to make personal financial disclosures is the treasurer. (RCW 42.17A.570). Cities and towns with populations of 1,000 or fewer are exempt. The scope of the financial disclosure required of treasurers is more limited than for elected officials, consisting of information about financial institutions where the treasurer holds an office, directorship, or ownership interest and where public funds are held. Q. What small cities and towns are exempt from disclosure requirements? A. Officials in cities and towns with fewer than 1,000 registered voters as of the date of the most recent general election are exempt from the financial reporting requirements. (RCW 42.17A.135). However, officials in these municipalities can be required to file financial disclosures upon petition of 15 percent of the registered voters or upon adoption of an ordinance or resolution to that effect. AGENDA ITEM #13. b) 96 Salary increases for elected officials Q. May a councilmember receive a salary increase immediately? A. The general rule is that salary increases, adopted by ordinance, may not raise the salaries of current councilmembers. The state constitution prohibits an increase (or decrease) in the salary of city or town councilmembers after election or during their term of office. This means that the city or town council can vote to increase salaries, but the new salaries may not take effect until after the next election, and even then would be effective only for those councilmembers who are up for re- election. As long as the salary increase ordinance was passed prior to the election, councilmembers are eligible to receive the pay increase as soon as they begin a new term of office. There is one exception. If salaries are set by a salary commission, an increase can go into effect immediately. Q. May a mayor in a mayor-council city receive a salary increase immediately? A. The salary of mayors may be raised during their term of office, as long as their vote was not required to pass the applicable ordinance. The state constitution contains an exception allowing salary increases during an official’s term in office if that official does not fix his or her own compensation. The exception cannot be triggered by an official abstaining from the vote for a salary increase because it is a councilmember’s authority to fix compensation that is determinative. This exception would allow the salary of a mayor in a mayor-council city to be increased during his or her term of office, provided that the vote of the mayor is not necessary for the passage of the applicable ordinance. (Attorney General’s Opinion, AGO 1968 No. 36). Q. May a person appointed to fill a council vacancy receive a salary increase immediately, if the increase was enacted prior to the appointment? A. No, because the Washington Supreme Court has held that the constitutional provision forbidding change in the compensation of a public officer during a term of office refers to the term itself, not to the individual. Therefore, the salary increase is not effective as to an officer appointed or elected to fill out the unexpired term of their predecessor, in situations where the predecessor had been elected prior to the time the salary increase was adopted. (State ex rel. Wyrick v. Ritzville, 16 Wn.2d 36, (1942)). Are mayor and councilmember emails, texts, and social media subject to public disclosure? It is important for councilmembers to understand that emails they send, which qualify as public records, are subject to public disclosure under the state Public Records Act (RCW 42.56). Under the Act, a “public record” is broadly defined to include electronic records “containing information relating to the conduct of government or the performance of any proprietary function . . .” Email, text messages, social media, like any other written correspondence and memoranda, which falls within this definition, with few exceptions stated by the Public Records Act, are public records. This means that email communications between councilmembers, councilmembers and community members, councilmembers and other officials, councilmembers and members of boards and commissions, and councilmembers and city staff may be subject to disclosure. Caution: Keep this in mind as you compose emails, recognizing that your audience may ultimately be broader than the direct recipients of your communication. AGENDA ITEM #13. b) 97 Appendix 12 Initiative, referendum, and recall Initiative and referendum The powers of initiative and referendum are means by which residents can impact legislation directly. Initiative is the power of the public to initiate ordinances by petition. Referendum is the means by which the public can have enacted ordinances referred to them for review. These powers of the public are not universally available. In fact, the powers of initiative and referendum are only available in first class cities, code cities, and cities organized under the commission form of government. Code cities do not automatically have the powers of initiative and referendum, but may adopt them, either by voter resolution or by resolution of a majority of the city council. (First class cities - RCW 35.22.200 (and the charters); code cities - RCW 35A.11.080 - .100; commission cities - RCW 35.17.240 - .360). How are the powers of initiative and referendum exercised? Initiative and referendum procedures in first class cities are controlled by each city’s charter. Voters of a commission city or a code city which has acquired the powers of initiative and referendum may initiate ordinances or have certain ordinances which have been passed by the legislative body referred to them for affirmation or rejection at an election. In either instance, the process is begun by petition. In a commission city, a petition is filed, signed by registered voters equal in number to 25 percent of the votes cast for mayoral candidates at the last preceding city election. In a code city, the petition requires signatures of registered voters equal to 15 percent of the number of registered voters in the city as of the date of the last preceding city general election. Certain ordinances are not subject to referendum. The following ordinances are excepted from the process in both commission and code cities: • Ordinances initiated by petition • Ordinances necessary for the immediate preservation of public peace, health, and safety, or for the support of city government and its existing public institutions, which contain a statement of urgency and are passed by a unanimous vote of the commission or council • Ordinances providing for local improvement districts In addition, the following types of ordinances are exempt from referendum in a code city: • Ordinances appropriating money • Ordinances providing for or approving collective bargaining • Ordinances providing for the compensation of or working conditions of city employees • Ordinances authorizing or repealing the levy of taxes If a valid petition is filed seeking a referendum, the ordinance does not go into effect until it has received a majority of the votes cast at the election. If a valid initiative petition is filed (accompanied by a proposed ordinance), the commission or council shall either pass the ordinance within 20 days of the clerk’s certification of the petition, or else submit the ordinance to the voters at a general or special election called for that purpose. (RCW 35.17.260). Recall Elected officials are subject to voter petition for recall under state law (RCW 29A.56.110-29A.56.270). The procedures require that a petition be filed setting forth charges that an elected public official has committed an act, or acts, of malfeasance, or has violated his or her oath of office. “Misfeasance” or “malfeasance” means performance of a duty in an improper manner or wrongful conduct that interferes with performance of official duty. “Violation of the oath of office” means the willful neglect or failure by an elective public officer to faithfully perform a duty imposed by law. The petition for recall must state specific conduct that clearly amounts to misfeasance, malfeasance, or violation of the oath of office. In addition, the person making the charge must have knowledge of the underlying facts. If the court finds the petition sufficient, then the sponsors of the recall must obtain a set number of supporting signatures before the recall election is conducted. A majority vote in favor of recall results in the official’s discharge from office. Voter actions such as recall are rarely initiated. The availability of such extreme remedies, however, serves to emphasize the accountability of elected officials to the public. This accountability, which is at the core of our political system, places certain expectations on the behavior of elected officials. Some of these expectations are explicitly formulated into rules, an understanding of which is necessary to keep elected officials out of trouble. Appendix 12 – Initiative, referendum and recall AGENDA ITEM #13. b) 98 AGENDA ITEM #13. b) 99 Appendix 13 The mayor pro tempore On occasion, a councilmember may find him or herself in the role of mayor. The mayor pro tempore (also called the mayor pro tem or the deputy mayor) is appointed by the council to serve in the absence of the mayor. The mayor pro tempore presides at meetings of the council, administers oaths, and signs instruments in the absence of the mayor. A councilmember acting as mayor pro tempore generally retains his or her councilmanic vote. The mayor pro tempore generally serves only when the mayor’s absence is temporary. When a vacancy occurs in the office of mayor, a new mayor is appointed by the council. The authority of a mayor pro tempore varies somewhat according to the city classification. • First class cities: The powers of the mayor pro tempore are controlled by the city charter. • Second class cities: The mayor pro tempore is a councilmember elected by the members of the council. The mayor pro tempore may not appoint any officer or veto any ordinance. (RCW 35.23.191). • Towns: The mayor pro tempore is chosen by the council for a specified period of time, not to exceed six months. (RCW 35.27.160). • Code cities: The Optional Municipal Code calls for the designation by the city council of a councilmember or “any qualified person” to serve as mayor pro tempore. (RCW 35A.12.065). Appendix 13 – The mayor pro tempore AGENDA ITEM #13. b) 100 AGENDA ITEM #13. b) 101 Definitions Administrative. Pertaining to management and carrying out of laws and functions, as opposed to legislative and judicial. Agency and trust funds. Funds established to account for cash and other assets held by a municipality as agent or trustee. Such funds are not assets of the municipality but, through the operation of law or by agreement, the municipality is responsible for their accountability. Examples are the Fireman’s Relief Fund and the Police Pension Fund. Allocation of funds. To set aside funds for a specific purpose or program. Amendment. A change or addition which changes the meaning or scope of an original formal document. Often these are laws or regulations. However, plans or specifications can also be amended. Appropriation. A sum of money authorized by a legislative body to be spent for a certain purpose. Assessment. The value placed on an item of real or personal property for property tax purposes. The rate of tax times the value equals the amount of tax levied on the property. Also a special tax levied on the property within a special assessment district. Audit. An examination of the financial activities of an agency and the report based on such examination. Bond. A debt instrument issued by a municipality. Bonds normally bear interest. They are a common way of raising money for capital improvements. Budget. A plan for spending and receiving money to sustain municipal operations during a fiscal year or years. A capital budget is a plan for financing purchases or construction of items of high cost and long life, such as fire engines, streets, and buildings. Capital outlay. Expenditures made to acquire fixed assets or additions to them. They are recorded in the general fund or utility fund where the assets are to be used. Ultimately, under good property accounting, such assets acquired through the general fund should be reflected in the general fixed assets group of accounts. Capital program or capital budget. A schedule of purchase or construction of items of high cost, such as fire engines, streets, and buildings, over a period of years (normally five) together with a plan for spending and receiving the money to pay for the items. Capital reserve fund. Established to account for resources legally set aside for anticipated capital expenditures, including construction, purchase or replacement of, or additions to, municipal building, equipment, machinery, motor vehicles or other capital assets. Certification. A formal, written declaration that certain facts are true or valid. City manager. The chief administrator of a municipality in the council-manager form of government, appointed by the council as the city’s chief executive. Civil service system. A means of hiring & disciplining employees, usually pertaining to police and fire, whereby a civil service commission hears appeals on complaints brought by employees and applicants. Cluster development. A type of residential development where the overall density conforms to typical standards but allows for the concentration of structures on a portion of the tract while leaving the remaining open space for common resident usage. This type of development should be sympathetic to environmental conservation and protection. Collective bargaining. A process by which an employee organization/union negotiates with an employer to reach agreement on wages, hours, and terms and conditions of employment. Comprehensive plan. A generalized, coordinated land use policy statement of the governing body of a city, town, or county, consisting of a map or maps and descriptive text covering objectives, principles and standards used to develop the plan. A GMA comprehensive plan must include a plan, scheme, or design for (at least) the following elements: land use; housing; capital facilities; utilities; natural resource lands and critical areas; and rural areas (counties only). Conditional use. A use which is not appropriate to a particular zone district as a whole, but may be suitable in certain localities within the district only when specific conditions and factors prescribed for such cases within the zoning ordinance are present. Conditional uses are allowed or denied by a board of adjustment, planning commission, city council or hearings examiner. Council. The governing body of a city which sets legislative policy for the city. Definitions AGENDA ITEM #13. b) 102 Debt service. Payments to creditors, primarily the holders of municipal bonds. Debt service includes principal, interest and minor incidentals such as agents’ fees. Developer. Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development. Development plan. The provisions for the development of a tract of land, including a subdivision plat, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. Easement. A right-of-way for public or quasi-public use. Normally, they are used for utilities, bridle paths, parkways, floodways, scenic uses, and other purposes. The fee title to land in the easement areas remains tied to the adjacent land, and the easement rights are relinquished when the public or quasi-public use ceases. Effluent. A term applied to the water discharged from a sewage treatment device. Eminent domain. The concept of the power of certain governmental entities to acquire, for public use, privately owned real estate, by means of legal processes and adjudicated compensation to the private owner. Executive. The power to carry out laws and functions, veto legislation, appoint planning commissioners and perform other duties as prescribed by law. If a municipality has a city manager, the administrative portion of the executive function is the responsibility of the manager. Executive session. A meeting closed to the public; they can legally be held only for certain purposes. Feasibility study. A preliminary survey to determine the design, aesthetics, construction and economic aspects of a proposed project. Flood plain. The area along a natural watercourse subject to periodic overflow by water. General fund. Used to account for all revenues and the activities financed by them, which are not accounted for in some special fund. General obligation bond. A financial instrument giving borrowing power to a municipality, based upon pledging of taxing power to retire the debt and pay interest. General obligation bond funds. Established to account for the proceeds from bond sales and other revenues properly allocated to these funds and the costs of projects financed by them. Impact fees. Fees imposed on new development activities as partial financing for public improvements (public streets and roads, publicly owned parks, school facilities, etc.). Improvements. Those physical changes to the land necessary to produce usable and desirable lots from raw acreage including but not limited to; grading, paving, curb, gutter, storm sewers and drains, improvements to existing watercourses, sidewalks, crosswalks, street signs, monuments, water supply facilities and sewage disposal facilities. Industrial park. A planned industrial area where consideration has been given to human and aesthetic values, such as vegetation, open space and buffer zones. Interest arbitration. A process by which an impartial third party decides the content of a collective bargaining agreement when the employer and the employee group reach impasse in negotiations. Pertains only to full-time fire departments and police departments in cities with greater than 2,500 population. Job description. An outline of the duties assigned a class of personnel positions together with the training and experience normally required to qualify for the class. Judicial. The power to judge, to administer justice and interpret laws and ordinances. Land development. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving (a) group of two or more buildings or (b) the division or allocation of land or space between or among two or more existing or prospective occupants to include streets, common areas, leaseholds, condominiums, building groups or other features; a subdivision of land. Legislative. Pertaining to the power to make laws as opposed to administrative, executive and judicial. Mayor. The chief executive of the city in the strong-mayor form, the ceremonial head in a council-manager form. Meeting. A gathering of elected officials set or called in accordance with prescribed laws or charter provisions and where business may be transacted. Mill. A property tax equal to one dollar of tax per one thousand dollars of assessment. AGENDA ITEM #13. b) 103 Nonconforming use. A use, whether of land or of structure, not complying with the applicable use provisions in a zoning ordinance or amendment. Nonconforming structure. A structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning ordinance or amendment as enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment to its location. Such nonconforming structures include, but are not limited to, nonconforming signs. Official. A person who occupies a municipal legislative, judicial, administrative, executive or enforcement position. Ordinance. A law or statute enacted by a city, town or county. See Resolution. Personnel system. A method of recruiting, selecting and promoting people to perform the work of a municipal organization and the method of classifying and assigning pay scale to their jobs together with related personnel activities concerning hours of work, training, grievance procedures, and union relationships. Planned residential development (Planned unit development). An extension of cluster development including detached, semi-detached, attached and multi- storied structures, and may include land uses other than residential to the extent they are designed to serve the residents. Planning. A process of deciding what is to be done and how it is to be accomplished; the process of deciding how land should be used and where public facilities should be located. Planning commission. A planning agency, authorized by law to prepare and recommend plans for the development of physical, social, economic and cultural resources/facilities within a city. Plat. The official map of a subdivision of land. Public hearing. A meeting or portion of a meeting set up to give members of the public a chance to speak on a particular subject such as a proposed ordinance. Regulation. A rule, procedure or other formal requirement passed to carry out the purpose of the law. It carries the same legal power as the law. However, the rule or formal requirement may only be used to carry out the purpose of the law under which it is passed. Revenue bonds. A borrowing tool with higher interest rates than general obligation bonds, but does not need voter approval. Based on a revenue-producing project and not municipal taxing power. Resolution. An act that is typically less formal than an ordinance, expressing the opinion or mind of the legislative body, and generally dealing with matters of a special or temporary character. Revisions. Written or added changes, corrections or improvements to a plan, specification or drawing. Revolving funds. Special purpose funds providing a constant source of funds for assessable public improvements. General obligation bonds, repayable from general revenues, as well as assessed taxes, may be used as sources for establishing such a fund. Right-of-way. The right of passage over the property of another. The public may acquire it through direct dedication from land subdivision or through implied dedication – accepted access over a period of time to a beach or shoreline. The pathways over which utilities and drainage ways run are often referred to as easements. Sinking fund. Established to account for the accumulation of money providing for the retirement of bonds and the payment of interest. Soil percolation test. A field test conducted to determine the absorption capacity of soil to a specific depth in a given location for the purpose of determining suitability of soil for on-site sewage disposal. Special assessment bond funds. Similar to general obligation bond funds, however, the cost of public improvements provided by the bond proceeds are assessed against owners of properties benefited by the improvements. Special revenue funds. These funds are established to account for revenues specifically raised for a particular purpose. A special fund is usually created for each purpose (light tax fund, water tax fund). Specifications. The written instructions which accompany and supplement the drawings in a contract. Subdivision. The division of a single tract or other parcel of land into two or more lots. (Specific definitions will vary in specific ordinances or regulations.) Definitions AGENDA ITEM #13. b) 104 Subdivision and land development regulations. Procedures and requirements which must be met before the subdivision or development of land is permitted. Taking. Subject to much litigation and court interpretation, this term refers to the taking and appropriation of private property for public use, with “just “compensation paid to the property owner. Temporary funds. Created to accommodate a specific need that may arise. Must include a system of complete accountability and be closed promptly upon completion of its purpose. Remaining assets should be distributed in accordance with the intentions of the elected officials as set forth at the time the fund was created. Urban growth area. Areas defined, under the Growth Management Act, by cities and counties for projected growth and provision of urban services. Utility funds. These funds account for the financial transactions of utility services rendered to the general public financed by specific user charges (water fund, electric fund, sewer fund). Variance. The permission granted by a city council, board of adjustment or hearing examiner, following a public hearing, for an adjustment to some regulation in a zoning ordinance to alleviate an unnecessary hardship. The permission granted must not be contrary to the public interest and maintain the spirit and original intent of the ordinance. Zoning. The regulation by a municipality (city, town, or county) of the use of land within its jurisdiction, and of the buildings and structures located thereon, in accordance with a general plan and for the purposes set out in the enabling statute. AGENDA ITEM #13. b) AGENDA ITEM #13. b) J..t Qwe t0 Lf w’PW J ‘-‘‘-L’La €.r’.tr.a.tj pro Ce -(.C -ti.)k k t rd I 1 tcL.LL ck4 j. c;..:-I—çi 0L4 4L NH SOC’CL F1*1z4_IpM€tJr,py ppoeE9up.€)j ere *- --a °-P-oF -f rc.iIe5. -••P4A YOUPr P0 you rw ‘rr cpa’ar BE wiap-r Vote Ct p1,O 00 ,YOU .r’V TileS.p eDt’IP?pcB,mBaL?p.ME,JpEO?‘5 P’E.Wv?CO$a? ADJOURN MEETING “I move a1-vIE--adjo,-i”110 p.io N°MJo’i1’/i-Jo CALL AN INTERMISSION ‘‘I vnove-we-rece-ss -tot...“r,o Jo -J1-’/fJc COMPLAIN ABOUT HEAT,;€+o qL ‘+ior’aF prvIee NO 1o Jo VOi.NoNOISE,ETC. TEMPORARILY SUSPEND CON----j,j e--j,,’hf No f-Jo tvVJoP-rW No®SIDERATION OF AN ISSUE END DEBATE AND AMENDMENTS vrioi€--ike prev’ov 9ue+iari11 ,Jo -/ES t.JO NO 2/3 POSTPONE DISCUSSION FOR “I move.-pos+pone.4ke 4-;I..t1 NO MJoRaryACERTAINTIME GIVE CLOSER STUDY “I riove.-re.&t -14-ie-ma-et -co,1+ae”i-Jo ‘16$MIJORt1Y ‘65OFSOMETHING AMEND A MOTION “I move.-fo ae,d -ike ‘aot 6y..“No ‘/E.5 f-’AJop1-r-j INTRODUCE BUSINESS yvoq.-that...No ‘165 ‘16.5 /4AJogi1Y 1.IE MOT,opJ t..TW ABoVE Ap-E itl op.o€g.oF pPCpE.r’.E...B6i.OW 113EP.E.,,to OP-PEP-.-. PROTEST BREACH OF I’rte.--a pot of otde.r.”I No No No i-o v0-r f-joRULESORCONDUCT VOTE ON A RULING OF I -appe-1 -fror.--t’ie.de$Ion”j 6$‘16$‘165 No tAJorrY ‘165THECHAIR SUSPEND RULES ‘i”I ynove -suspe,vi —ike.r,Ies &o ‘165 f-Jo No 2/3 tsJOTEMPORARILY AVOID CONSIDERING AN “o6jetk +o covsidera1ior oF fk5 (aO+IoY”‘1€f-JO No f-Jo 2/®‘/65IMPROPERMATTER VERIFY A VOICE VOTE BY I call 4or a J;vi$ora”or ‘ivsota/”‘16-s NO NO tJo 110 VOTe..tbHAVINGMEMBERSSTAND REQUEST INFORMATION “Pojn1 of ,t,qafjo”‘/6.5 NO tbO i-Jo i-ia Vo’e.No TAKE UP A MATTER I -e--f0 -fke.-a6Ie...No N0 NO MAJo-i1Y f-JoPREVIOUSLYTABLED RECONSIDER A o teeo e.r e ve-‘1$O AJoRi NOHASTYACTION JOYE..Affirmative Unless vote Unless the ©Unless ©Unless the ®A 2/3 vote in ®Only Unless the votes may not on question has committee has the motion to chair submits to negative is needed if the main motion to be be reconsidered.begun.already taken be amended is the assembly for to prevent con-question has reconsidered Is up the subject.not debatable.decision.sideration of main not been de-not debatable. motion,bated yet.qAGENDA ITEM #13. e) MOTIONSCommitteeReports—aftertheCityClerkreadsthereport;‘9movethatcouncilconcurwiththerecommendationoftheCommittee”Resolutions—aftertheCityClerkreadstheresolution;‘9movetheresolutionbeadoptedasread”Ordinances—1stReading—aftertheCityClerkreadstheordinance;“Imovetheordinancebeplaceon2ndandfinalreadingatthenextCouncilmeeting”ORIncaseswhereaspecificrequesthasbeenmadetoacceleratetheprocess)“Imovetheordinancebeadvancedto2andfinalreadingthisevening”Ordinance—2ndReading—aftertheCityClerkreadstheordinance;“Imovetheordinancebeadoptedasread”ExecutiveSession(exactlanguagetobegivennightof)-attheendoftheCouncilmeeting;“ImovethattheCouncilmeetingrecessintoexecutivesessionfor_____minutestoconsider/review/evaluate/discuss_______pursuanttoRCW42.30.110withnoofficialactiontobetakenandthattheCouncilmeetingbeadjournedwhentheexecutivesessionisadjourned.”-atthebeginningofCommitteeoftheWholemeeting‘9movethattheCommitteeoftheWholemeetingrecessintoexecutivesessionfor_____minutestoconsider/review/evaluate/discusspursuanttoRCW42.30.110AGENDA ITEM #13. e) ExecutiveSessions-RCW42.30.110(abbreviateddescriptionstoaccompanyreferencetospecificsubsection—seekCityAttorneyguidanceonOPMAlimitationspriortoconveningexecutivesession):(a)(i)Toconsidermattersaffectingnationalsecurity;(a)(ii)Toconsiderinformationregardingtheinfrastructureandsecurityofcomputerandtelecommunicationsnetworks,securityandservicerecoveryplans,securityriskassessmentsorsecuritytestresults;fb)Toconsidertheselectionofasiteortheacquisitionofrealestatebyleaseorpurchase;(c)Toconsidertheminimumpriceatwhichrealestatewillbeofferedforsaleorlease;(d)Toreviewnegotiationsontheperformanceofpubliclybidcontracts;(f)Toreceiveandevaluatecomplaintsorchargesbroughtagainstapublicofficeroremployee;(g)Toevaluatethequalificationsofanapplicantforpublicemploymentortoreviewtheperformanceofapublicemployee;(h)Toevaluatethequalificationsofacandidateforappointmenttoelectiveoffice;fi)TodiscusswiththeCity’slegalcounselmattersrelatingtoagencyenforcementactions,litigationorpotentiallitigation.RCW42.30.140(4)Todiscusscollectivebargaining.AGENDA ITEM #13. e) S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 6 7 5 6 7 8 9 10 11 2 3 4 5 6 7 8 8 9 10 11 12 13 14 12 13 14 15 16 17 18 9 10 11 12 13 14 15 15 16 17 18 19 20 21 19 20 21 22 23 24 25 16 17 18 19 20 21 22 22 23 24 25 26 27 28 26 27 28 29 30 31 23 24 25 26 27 28 29 29 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 2 1 2 3 4 5 6 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31 January February March 2020 October November December April May June July August September AGENDA ITEM #13. f) Council Meeting DateAgenda PublishedCAO Final ApprovalAdministrator Approval DueAB Input DueIf referred to this committee…Committee Meeting & Final Approval Will HappenSince all committees meet on Mondays, the committee meeting and final approval will happen same date3‐Feb‐20 Thur, Jan 30 Wed, Jan 29 Mon, Jan 27 Mon, Jan 27 Finance Committee Feb 10Utilities Committee as neededPublic Safety Committee as neededPlanning & Development Committee Feb 10Community Services Committee Feb 10Transportation Committee Feb 1010‐Feb‐20 Thur, Feb 6Wed, Feb 5Mon, Feb 3Mon, Feb 3Finance Committee Feb 24Utilities Committee as neededPublic Safety Committee as neededPlanning & Development Committee Feb 24Community Services Committee Mar 2 Transportation Committee Mar 217‐Feb‐20CANCELLED CANCELLED CANCELLED CANCELLED COUNCIL HOLIDAY CANCELLED24‐Feb‐20 Thur, Feb 20 Wed, Feb 16 Mon, Feb 17 Mon, Feb 17 Finance Committee Mar 16Utilities Committee Mar 16Public Safety Committee Mar 16Planning & Development Committee Mar 23Community Services Committee Mar 2Transportation Committee Mar 22‐Mar‐20 Thur, Feb 27 Wed, Feb 26 Mon, Feb 24 Mon, Feb 24 Finance Committee Mar 16Utilities Committee Mar 16Public Safety Committee Mar 16Planning & Development Committee Mar 23Community Services Committee Apr 6Transportation Committee Mar 169‐Mar‐20CANCELLED CANCELLED CANCELLED CANCELLED COUNCIL HOLIDAY CANCELLED16‐Mar‐20 Thur, Mar 12 Wed, Mar 11 Mon, Mar 9Mon, Mar 9Finance Committee Mar 23Utilities Committee Apr 20Public Safety Committee Apr 20Planning & Development Committee Mar 23Community Services Committee Apr 6Transportation Committee Apr 623‐Mar‐20 Thur, Mar 19 Wed, Mar 18 Mon, Mar 16 Mon, Mar 16 Finance Committee Apr 132020 Agenda Bill Schedule1AGENDA ITEM #13. g) Council Meeting DateAgenda PublishedCAO Final ApprovalAdministrator Approval DueAB Input DueIf referred to this committee…Committee Meeting & Utilities Committee Apr 20Public Safety Committee Apr 20Planning & Development Committee Apr 13Community Services Committee Apr 6Transportation Committee Apr 630‐Mar‐20NO MEETING NO MEETING NO MEETING NO MEETING FIFTH MONDAY NO MEETING6‐Apr‐20 Thur, Apr 2Wed, Apr 1Mon, Mar 30 Mon, Mar30 Finance Committee Apr 13Utilities Committee Apr 20Public Safety Committee Apr 20Planning & Development Committee Apr 13Community Services Committee May 4Transportation Committee Apr 2013‐Apr‐20 Thur, Apr 9Wed, Apr 8Mon, Apr 6Mon, Apr 6Finance Committee Apr 27Utilities Committee Apr 20Public Safety Committee Apr 20Planning & Development Committee Apr 27Community Services Committee May 4Transportation Committee May 420‐Apr‐20 Thur, Apr 16 Wed, Apr 15 Mon, Apr 13 Mon, Apr 13 Finance Committee Apr 27Utilities Committee May 18Public Safety Committee May 18Planning & Development Committee Apr 27Community Services Committee May 4Transportation Committee May 427‐Apr‐20 Thur, Apr 23 Wed, Apr 22 Mon, Apr 20 Mon, Apr 20 Finance Committee May 11Utilities Committee May 18Public Safety Committee May 18Planning & Development Committee May 11Community Services Committee May 4Transportation Committee May 184‐May‐20 Thur, Apr 30 Wed, Apr 29 Mon, Apr 27 Mon, Apr 27 Finance Committee May 11Utilities Committee May 18Public Safety Committee May 18Planning & Development Committee May 11Community Services Committee Jun 1Transportation Committee May 1811‐May‐20 Thur, May 7Wed, May 6Mon, May 4Mon, May 4Finance Committee Jun 8Utilities Committee May 18Public Safety Committee May 182AGENDA ITEM #13. g) Council Meeting DateAgenda PublishedCAO Final ApprovalAdministrator Approval DueAB Input DueIf referred to this committee…Committee Meeting & Planning & Development Committee Jun 8Community Services Committee Jun 1Transportation Committee Jun 118‐May‐20 Thur, May 14 Wed, May 13 Mon, May 11 Mon, May 11 Finance Committee Jun 8Utilities Committee Jun 15Public Safety Committee Jun 15Planning & Development Committee Jun 8Community Services Committee Jun 1Transportation Committee Jun 125‐May‐20NO MEETING NO MEETING NO MEETING NO MEETING HOLIDAY NO MEETING1‐Jun‐20 Thur, May 29 Wed, May 28 Fri, May 22 Fri, May 22 Finance Committee Jun 8Utilities Committee Jun 15Public Safety Committee Jun 15Planning & Development Committee Jun 8Community Services Committee Jul 6Transportation Committee Jun 158‐Jun‐20 Thur, Jun 4Wed, Jun 3Mon, Jun 1Mon, Jun 1Finance Committee Jun 22Utilities Committee Jun 15Public Safety Committee Jun 15Planning & Development Committee Jun 22Community Services Committee Jul 6Transportation Committee Jun 1515‐Jun‐20 Thur, Jun 11 Wed, Jun 10 Mon, Jun 8Mon, Jun 8Finance Committee Jun 22Utilities Committee as neededPublic Safety Committee as neededPlanning & Development Committee Jun 22Community Services Committee Jul 6Transportation Committee Jul 622‐Jun‐20 Thur, Jun 18 Wed, Jun 17 Mon, Jun 15 Mon, Jun 15 Finance Committee Jul 13Utilities Committee as neededPublic Safety Committee as neededPlanning & Development Committee Jul 13Community Services Committee Jul 6Transportation Committee Jul 629‐Jun‐20NO MEETING NO MEETING NO MEETING NO MEETING FIFTH MONDAY NO MEETING6‐Jul‐20 Thur, Jul 2Wed, Jul 1Mon Jun 29 Mon, Jun 29 Finance Committee Jul 13Utilities Committee as neededPublic Safety Committee as neededPlanning & Development Committee Jul 133AGENDA ITEM #13. g) Council Meeting DateAgenda PublishedCAO Final ApprovalAdministrator Approval DueAB Input DueIf referred to this committee…Committee Meeting & Community Services Committee Aug 3Transportation Committee Aug 313‐Jul‐20 Thur, Jul 9Wed, Jul 8Mon, Jul 6Mon, Jul 6Finance Committee Aug 10Utilities Committee as neededPublic Safety Committee as neededPlanning & Development Committee Aug 10Community Services Committee Aug 3Transportation Committee Aug 320‐Jul‐20CANCELLED CANCELLED CANCELLED CANCELLED COUNCIL HOLIDAY CANCELLED27‐Jul‐20CANCELLED CANCELLED CANCELLED CANCELLED COUNCIL HOLIDAY CANCELLED3‐Aug‐20 Thur, Jul 30 Wed, Jul 29 Mon, Jul 27 Mon, Jul 27 Finance Committee Aug 10Utilities Committee Aug 17Public Safety Committee Aug 17Planning & Development Committee Aug 10Community Services Committee as neededTransportation Committee as needed10‐Aug‐20 Thur, Aug 6Wed, Aug 5Mon, Aug 3Mon, Aug 3Finance Committee Aug 24Utilities Committee Aug 17Public Safety Committee Aug 17Planning & Development Committee Aug 24Community Services Committee as neededTransportation Committee as needed17‐Aug‐20 Thur, Aug 13 Wed, Aug 12 Mon, Aug 10 Mon, Aug 10 Finance Committee Aug 24Utilities Committee Sep 21Public Safety Committee Sep 21Planning & Development Committee Aug 24Community Services Committee as neededTransportation Committee as needed24‐Aug‐20 Thur, Aug 20 Wed, Aug 19 Mon, Aug 17 Mon, Aug 17 Finance Committee Sep 14Utilities Committee Sep 21Public Safety Committee Sep 21Planning & Development Committee Sep 14Community Services Committee as neededTransportation Committee Sep 2131‐Aug‐20NO MEETING NO MEETING NO MEETING NO MEETING FIFTH MONDAY NO MEETING7‐Sep‐20NO MEETING NO MEETING NO MEETING NO MEETING HOLIDAY NO MEETING14‐Sep‐20 Thur, Sep 10 Wed, Sep 9Fri, Sep 4Fri, Sep 4Finance Committee Sep 28Utilities Committee Sep 21Public Safety Committee Sep 214AGENDA ITEM #13. g) Council Meeting DateAgenda PublishedCAO Final ApprovalAdministrator Approval DueAB Input DueIf referred to this committee…Committee Meeting & Planning & Development Committee Sep 28Community Services Committee Oct 5Transportation Committee Sep 2121‐Sep‐20 Thur, Sep 17 Wed, Sep 16 Mon, Sep 14 Mon, Sep 14 Finance Committee Sep 28Utilities Committee Oct 19Public Safety Committee Oct 19Planning & Development Committee Sep 28Community Services Committee Oct 5Transportation Committee Oct 528‐Sep‐20 Thur, Sep 24 Wed, Sep 23 Mon, Sep 21 Mon, Sep 21 Finance Committee Oct 12Utilities Committee Oct 19Public Safety Committee Oct 19Planning & Development Committee Oct 12Community Services Committee Oct 5Transportation Committee Oct 55‐Oct‐20 Thur, Oct 1Wed, Sep 30 Mon, Sep 28 Mon, Sep 28 Finance Committee Oct 12Utilities Committee Oct 19Public Safety Committee Oct 19Planning & Development Committee Oct 12Community Services Committee Nov 2 Transportation Committee Oct 1912‐Oct‐20 Thur, Oct 8Wed, Oct 7Mon, Oct 5Mon, Oct 5Finance Committee Oct 26Utilities Committee Oct 19Public Safety Committee Oct 19Planning & Development Committee Oct 26Community Services Committee Nov 2Transportation Committee Oct 1919‐Oct‐20 Thur, Oct 15 Wed, Oct 14 Mon, Oct 12 Mon, Oct 12 Finance Committee Oct 26Utilities Committee Nov 16Public Safety Committee Nov 16Planning & Development Committee Oct 26Community Services Committee Nov 2Transportation Committee Nov 226‐Oct‐20 Thur, Oct 22 Wed, Oct 21 Mon, Oct 19 Mon, Oct 19 Finance Committee Nov 9Utilities Committee Nov 16Public Safety Committee Nov 16Planning & Development Committee Nov 9Community Services Committee Nov 2Transportation Committee Nov 25AGENDA ITEM #13. g) Council Meeting DateAgenda PublishedCAO Final ApprovalAdministrator Approval DueAB Input DueIf referred to this committee…Committee Meeting & 2‐Nov‐20 Thur, Oct 29 Wed, Oct 28 Mon, Oct 26 Mon, Oct 26 Finance Committee Nov 9Utilities Committee Nov 16Public Safety Committee Nov 16Planning & Development Committee Nov 9Community Services Committee Dec 7Transportation Committee Nov 169‐Nov‐20 Thur, Nov 5Wed, Nov 4Mon, Nov 2Mon, Nov 2Finance Committee Nov 23Utilities Committee Nov 16Public Safety Committee Nov 16Planning & Development Committee Nov 23Community Services Committee Dec 7Transportation Committee Nov 1616‐Nov‐20 Thur, Nov 12 Wed, Nov 11 Mon, Nov 9Mon, Nov 9Finance Committee Nov 23Utilities Committee as neededPublic Safety Committee as neededPlanning & Development Committee Nov 23Community Services Committee Dec 7Transportation Committee Dec 723‐Nov‐20 Thur, Nov 19 Wed, Nov 18 Mon, Nov 16 Mon, Nov 16 Finance Committee Dec 7Utilities Committee as neededPublic Safety Committee as neededPlanning & Development Committee Dec 14Community Services Committee Dec 7Transportation Committee Dec 730‐Nov‐20NO MEETING NO MEETING NO MEETING NO MEETING FIFTH MONDAY NO MEETING7‐Dec‐20 Thur, Dec 3Wed, Dec 2Mon, Nov 30 Mon, Nov 30 Finance Committee as neededUtilities Committee as neededPublic Safety Committee as neededPlanning & Development Committee Dec 14Community Services Committee Jan 2021Transportation Committee Jan 202114‐Dec‐20 Thur, Dec 10 Wed, Dec 9Mon, Dec 7Mon, Dec 7Finance Committee Jan 2021Utilities Committee Jan 2021Public Safety Committee Jan 2021Planning & Development Committee Jan 2021Community Services Committee Jan 2021Transportation Committee Jan 202121‐Dec‐20NO MEETING NO MEETING NO MEETING NO MEETING COUNCIL HOLIDAY NO MEETING28‐Dec‐20NO MEETING NO MEETING NO MEETING NO MEETING COUNCIL HOLIDAY NO MEETING6AGENDA ITEM #13. g) Council Meeting DateAgenda PublishedCAO Final ApprovalAdministrator Approval DueAB Input DueIf referred to this committee…Committee Meeting & 4‐Jan‐21 Thur, Dec 31 Wed, Dec 30 Mon, Dec 28 Mon, Dec 28 Finance Committee Jan 2021Utilities Committee Jan 2021Public Safety Committee Jan 2021Planning & Development Committee Jan 2021Community Services Committee Jan 2021Transportation Committee Jan 2021*Please note that some committee meetings may need to be added to account for holiday meetings that would normally cancel meetings. Feel free to call and ask. 7AGENDA ITEM #13. g) 02/27/20201 8:24AMPage:expstat.rptExpenditure Status ReportCity of Renton1/1/2019 through 12/31/2019Periods: 0 through 15GENERAL000PROGRAM000000LEGISLATIVE001Prct UsedBalanceYear-to-date EncumbrancesYear-to-date ExpendituresExpendituresAdjustedAppropriationAccount Number0.000.000.000.00511.60.00.000 LEGISLA SERV (COUNCIL)0.000.00Total HEADER0.000.000.000.000.00 0.00195,434.00191,775.60 191,775.6098.13511.60.10.000 SALARIES AND WAGES0.003,658.400.000.000.000.00511.60.10.002 OVERTIME0.000.00Total SALARIES AND WAGES195,434.00191,775.60 191,775.600.003,658.40 98.130.000.000.000.00511.60.12.000 INTERMT-SALARIES & WAGES0.000.00Total INTERMT-SALARIES & WAGES0.000.000.000.000.00 0.000.000.000.000.00511.60.19.000 PROJECT ACCOUNTING SALARY AND BENEFITS0.000.00Total PROJECT ACCTG SALARIES AND BENEFITS0.000.000.000.000.00 0.0022,801.6722,372.3422,372.3498.12511.60.20.001 RETIREMENT/PERS0.00429.3314,647.8814,381.8814,381.8898.18511.60.20.003 FICA0.00266.0048,442.5646,480.2846,480.2895.95511.60.20.004 PREPAID MEDICAL0.001,962.283,239.653,148.613,148.6197.19511.60.20.006 INDUSTRIAL INSURANCE0.0091.04201.72198.72198.7298.51511.60.20.007 LIFE INSURANCE0.003.008,879.048,596.348,596.3496.82511.60.20.009 PREPAID DENTAL0.00282.701,120.831,113.481,113.4899.34511.60.20.010 UNEMPLOYMENT0.007.35325.61327.40327.40100.55511.60.20.070 LONG TERM DISABILITY0.00-1.79Total PERSONNEL BENEFITS99,658.9696,619.0596,619.050.003,039.91 96.950.000.000.000.00511.60.22.003 INTERMT-FICA0.000.000.000.000.000.00511.60.22.006 INTERMT-INDUSTRIAL INSURANCE0.000.000.000.000.000.00511.60.22.010 INTERMT-UNEMPLOYMENT0.000.00Total INTERMT-PERSONNEL BENEFITS0.000.000.000.000.00 0.002,000.001,094.361,094.3654.72511.60.31.000 OFFICE/OPERATING SUPPLIES0.00905.64Total OFFICE/OPERATING SUPPLIES2,000.001,094.361,094.360.00905.64 54.720.000.000.000.00511.60.32.003 FUEL CONSUMED GASOLINE0.000.00Total FUEL CONSUMED0.000.000.000.000.00 0.000.002,446.442,446.440.00511.60.35.000 SMALL TOOLS/MINOR EQUIPMENT0.00-2,446.441Page:AGENDA ITEM #13. h) 02/27/2020City of Renton2 8:24AMPage:expstat.rptExpenditure Status Report1/1/2019 through 12/31/2019Periods: 0 through 15GENERAL000PROGRAM000000LEGISLATIVE001Prct UsedBalanceYear-to-date EncumbrancesYear-to-date ExpendituresExpendituresAdjustedAppropriationAccount NumberTotal SMALL TOOLS/MINOR EQUIPMENT0.00 2,446.44 2,446.44 0.00 -2,446.44 0.0032,000.00 0.00 0.00 0.00511.60.41.000 PROFESSIONAL SERVICES0.00 32,000.00Total PROFESSIONAL SERVICES32,000.00 0.00 0.00 0.00 32,000.00 0.000.00 0.00 0.00 0.00511.60.42.001 POSTAGE0.00 0.000.00 0.00 0.00 0.00511.60.42.002 CELL PHONES/PAGERS0.00 0.00Total COMMUNICATION0.00 0.00 0.00 0.00 0.00 0.0023,500.00 344.68 344.68 1.47511.60.43.001 LEGISLATIVE TRAVEL0.00 23,155.320.00 2,877.99 2,877.99 0.00511.60.43.002 TRAINING/SCHOOLS0.00 -2,877.990.00 1,717.34 1,717.34 0.00511.60.43.007 MEALS & INCIDENTAL EXPENSE0.00 -1,717.340.00 0.00 0.00 0.00511.60.43.008 LODGING0.00 0.00Total TRAVEL23,500.00 4,940.01 4,940.01 0.00 18,559.99 21.020.00 0.00 0.00 0.00511.60.46.000 INSURANCE/LIAB-PROP0.00 0.00Total INSURANCE0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00511.60.48.000 REPAIRS & MAINTENANCE0.00 0.00Total REPAIRS AND MAINTENANCE0.00 0.00 0.00 0.00 0.00 0.000.00 97.11 97.11 0.00511.60.49.000 MISCELLANEOUS0.00 -97.117,816.00 8,050.48 8,050.48 103.00511.60.49.001 MEMBERSHIPS & DUES0.00 -234.480.00 0.00 0.00 0.00511.60.49.002 PUBLICATIONS0.00 0.000.00 98.49 98.49 0.00511.60.49.006 OTHER MISCELLANEOUS0.00 -98.49Total MISCELLANEOUS7,816.00 8,246.08 8,246.08 0.00 -430.08 105.500.00 0.00 0.00 0.00511.60.92.000 TELECOMMUNICATION0.00 0.000.00 0.00 0.00 0.00511.60.92.010 TELECOMMUNICATION M & O0.00 0.000.00 0.00 0.00 0.00511.60.92.011 DATA CARDS0.00 0.000.00 0.00 0.00 0.00511.60.92.013 COPIERS0.00 0.000.00 0.00 0.00 0.00511.60.92.015 GIS0.00 0.0035,795.00 35,795.00 35,795.00 100.00511.60.92.020 IS OPERATIONS M & O0.00 0.000.00 0.00 0.00 0.00511.60.92.025 IS CAPITAL0.00 0.000.00 0.00 0.00 0.00511.60.92.030 PRINT/MAIL M & O0.00 0.00Total INFORMATION TECHNOLOGY35,795.00 35,795.00 35,795.00 0.00 0.00 100.002Page:AGENDA ITEM #13. h) 02/27/2020City of Renton3 8:24AMPage:expstat.rptExpenditure Status Report1/1/2019 through 12/31/2019Periods: 0 through 15GENERAL000PROGRAM000000LEGISLATIVE001Prct UsedBalanceYear-to-date EncumbrancesYear-to-date ExpendituresExpendituresAdjustedAppropriationAccount Number1,234.00 1,234.00 1,234.00 100.00511.60.93.010 PRINT/MAIL OPERATIONS0.00 0.000.00 0.00 0.00 0.00511.60.93.020 COMMUNICATIONS0.00 0.00Total PRINT/MAIL/COMMUNICATIONS1,234.00 1,234.00 1,234.00 0.00 0.00 100.000.00 0.00 0.00 0.00511.60.94.000 COMPUTER REPLACEMENT/OTHER CIP0.00 0.00Total COMPUTER REPLACEMENT0.00 0.00 0.00 0.00 0.00 0.0017,342.00 17,342.00 17,342.00 100.00511.60.96.010 INSURANCE/LIAB-PROP0.00 0.00Total INSURANCE17,342.00 17,342.00 17,342.00 0.00 0.00 100.000.00 0.00 0.00 0.00511.60.98.000 IS OPERATIONS (REPAIR & MAINTENANCE)0.00 0.00Total INFORMATION SERVICES0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00511.60.99.000 PRINT/MAIL0.00 0.00Total PRINT AND MAIL0.00 0.00 0.00 0.00 0.00 0.00Total GENERAL414,779.96 359,492.54 359,492.54 0.00 55,287.42 86.67Grand Total414,779.96 359,492.54 359,492.54 86.670.00 55,287.423Page:AGENDA ITEM #13. h) 02/27/2020City of Renton1 8:29AMPage:expstat.rptExpenditure Status Report1/1/2020 through 12/31/2020Periods: 0 through 15GENERAL000PROGRAM000000LEGISLATIVE001Prct UsedBalanceYear-to-date EncumbrancesYear-to-date ExpendituresExpendituresAdjustedAppropriationAccount Number0.00 0.00 0.00 0.00511.60.00.000 LEGISLA SERV (COUNCIL)0.00 0.00Total HEADER0.00 0.00 0.00 0.00 0.00 0.00199,028.00 24,087.30 24,087.30 12.10511.60.10.000 SALARIES AND WAGES0.00 174,940.700.00 0.00 0.00 0.00511.60.10.002 OVERTIME0.00 0.00Total SALARIES AND WAGES199,028.00 24,087.30 24,087.30 0.00 174,940.70 12.100.00 0.00 0.00 0.00511.60.12.000 INTERMT-SALARIES & WAGES0.00 0.00Total INTERMT-SALARIES & WAGES0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00511.60.19.000 PROJECT ACCOUNTING SALARY AND BENEFITS0.00 0.00Total PROJECT ACCTG SALARIES AND BENEFITS0.00 0.00 0.00 0.00 0.00 0.0023,127.22 3,048.35 3,048.35 13.18511.60.20.001 RETIREMENT/PERS0.00 20,078.8714,843.98 1,812.44 1,812.44 12.21511.60.20.003 FICA0.00 13,031.5452,317.84 6,437.49 6,437.49 12.30511.60.20.004 PREPAID MEDICAL0.00 45,880.353,265.01 389.08 389.08 11.92511.60.20.006 INDUSTRIAL INSURANCE0.00 2,875.93201.72 15.31 15.31 7.59511.60.20.007 LIFE INSURANCE0.00 186.419,588.72 1,065.72 1,065.72 11.11511.60.20.009 PREPAID DENTAL0.00 8,523.001,136.72 136.18 136.18 11.98511.60.20.010 UNEMPLOYMENT0.00 1,000.54335.42 29.80 29.80 8.88511.60.20.070 LONG TERM DISABILITY0.00 305.62Total PERSONNEL BENEFITS104,816.63 12,934.37 12,934.37 0.00 91,882.26 12.340.00 0.00 0.00 0.00511.60.22.003 INTERMT-FICA0.00 0.000.00 0.00 0.00 0.00511.60.22.006 INTERMT-INDUSTRIAL INSURANCE0.00 0.000.00 0.00 0.00 0.00511.60.22.010 INTERMT-UNEMPLOYMENT0.00 0.00Total INTERMT-PERSONNEL BENEFITS0.00 0.00 0.00 0.00 0.00 0.002,000.00 24.23 24.23 1.21511.60.31.000 OFFICE/OPERATING SUPPLIES0.00 1,975.77Total OFFICE/OPERATING SUPPLIES2,000.00 24.23 24.23 0.00 1,975.77 1.210.00 0.00 0.00 0.00511.60.32.003 FUEL CONSUMED GASOLINE0.00 0.00Total FUEL CONSUMED0.00 0.00 0.00 0.00 0.00 0.000.00 223.09 223.09 0.00511.60.35.000 SMALL TOOLS/MINOR EQUIPMENT0.00 -223.091Page:AGENDA ITEM #13. h) 02/27/2020City of Renton2 8:29AMPage:expstat.rptExpenditure Status Report1/1/2020 through 12/31/2020Periods: 0 through 15GENERAL000PROGRAM000000LEGISLATIVE001Prct UsedBalanceYear-to-date EncumbrancesYear-to-date ExpendituresExpendituresAdjustedAppropriationAccount NumberTotal SMALL TOOLS/MINOR EQUIPMENT0.00 223.09 223.09 0.00 -223.09 0.0032,000.00 0.00 0.00 0.00511.60.41.000 PROFESSIONAL SERVICES0.00 32,000.00Total PROFESSIONAL SERVICES32,000.00 0.00 0.00 0.00 32,000.00 0.000.00 0.00 0.00 0.00511.60.42.001 POSTAGE0.00 0.000.00 0.00 0.00 0.00511.60.42.002 CELL PHONES/PAGERS0.00 0.00Total COMMUNICATION0.00 0.00 0.00 0.00 0.00 0.0023,500.00 993.02 993.02 4.23511.60.43.001 LEGISLATIVE TRAVEL0.00 22,506.980.00 1,080.00 1,080.00 0.00511.60.43.002 TRAINING/SCHOOLS0.00 -1,080.000.00 136.76 136.76 0.00511.60.43.007 MEALS & INCIDENTAL EXPENSE0.00 -136.760.00 0.00 0.00 0.00511.60.43.008 LODGING0.00 0.00Total TRAVEL23,500.00 2,209.78 2,209.78 0.00 21,290.22 9.400.00 0.00 0.00 0.00511.60.46.000 INSURANCE/LIAB-PROP0.00 0.00Total INSURANCE0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00511.60.48.000 REPAIRS & MAINTENANCE0.00 0.00Total REPAIRS AND MAINTENANCE0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00511.60.49.000 MISCELLANEOUS0.00 0.007,816.00 8,203.00 8,203.00 104.95511.60.49.001 MEMBERSHIPS & DUES0.00 -387.000.00 0.00 0.00 0.00511.60.49.002 PUBLICATIONS0.00 0.000.00 0.00 0.00 0.00511.60.49.006 OTHER MISCELLANEOUS0.00 0.00Total MISCELLANEOUS7,816.00 8,203.00 8,203.00 0.00 -387.00 104.950.00 0.00 0.00 0.00511.60.92.000 TELECOMMUNICATION0.00 0.000.00 0.00 0.00 0.00511.60.92.010 TELECOMMUNICATION M & O0.00 0.000.00 0.00 0.00 0.00511.60.92.011 DATA CARDS0.00 0.000.00 0.00 0.00 0.00511.60.92.013 COPIERS0.00 0.000.00 0.00 0.00 0.00511.60.92.015 GIS0.00 0.0043,089.00 3,590.75 3,590.75 8.33511.60.92.020 IS OPERATIONS M & O0.00 39,498.250.00 0.00 0.00 0.00511.60.92.025 IS CAPITAL0.00 0.000.00 0.00 0.00 0.00511.60.92.030 PRINT/MAIL M & O0.00 0.00Total INFORMATION TECHNOLOGY43,089.00 3,590.75 3,590.75 0.00 39,498.25 8.332Page:AGENDA ITEM #13. h) 02/27/2020City of Renton3 8:29AMPage:expstat.rptExpenditure Status Report1/1/2020 through 12/31/2020Periods: 0 through 15GENERAL000PROGRAM000000LEGISLATIVE001Prct UsedBalanceYear-to-date EncumbrancesYear-to-date ExpendituresExpendituresAdjustedAppropriationAccount Number1,256.00 104.67 104.67 8.33511.60.93.010 PRINT/MAIL OPERATIONS0.00 1,151.330.00 0.00 0.00 0.00511.60.93.020 COMMUNICATIONS0.00 0.00Total PRINT/MAIL/COMMUNICATIONS1,256.00 104.67 104.67 0.00 1,151.33 8.330.00 0.00 0.00 0.00511.60.94.000 COMPUTER REPLACEMENT/OTHER CIP0.00 0.00Total COMPUTER REPLACEMENT0.00 0.00 0.00 0.00 0.00 0.0017,800.00 1,483.33 1,483.33 8.33511.60.96.010 INSURANCE/LIAB-PROP0.00 16,316.67Total INSURANCE17,800.00 1,483.33 1,483.33 0.00 16,316.67 8.330.00 0.00 0.00 0.00511.60.98.000 IS OPERATIONS (REPAIR & MAINTENANCE)0.00 0.00Total INFORMATION SERVICES0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 0.00 0.00511.60.99.000 PRINT/MAIL0.00 0.00Total PRINT AND MAIL0.00 0.00 0.00 0.00 0.00 0.00Total GENERAL431,305.63 52,860.52 52,860.52 0.00 378,445.11 12.26Grand Total431,305.63 52,860.52 52,860.52 12.260.00 378,445.113Page:AGENDA ITEM #13. h)