HomeMy WebLinkAboutCITY COUNCIL RETREAT Packet for 02/10/2017
AGENDA
City Council Retreat
8:30 AM - Friday, February 10, 2017
Maplewood Greens, Cedar Room
1. COUNCIL COMMUNICATIONS & WORKING TOGETHER
8:30 am
a) Council Conduct 101
b) Expectations / Ground Rules: Correspondence, Travel
c) Policy Publications Info
d) 2017 Council Meeting Calendar: Direction for Cancellations
e) 2017 Agenda Bill Schedule
BREAK
10:15 am
2. COMMUNICATION WITH ADMINISTRATION
10:30 am
a) "More of / Less of" Exercise for both Council and Administration
Better way to keep council informed on work items? - Seahawks Contract example
Better process for confirming council directions?
b) Briefing on key topics and emerging issues
Defining was a "key" topic is for council and whether there needs to be more "official"
action before the administration proceeds
Establishing a checklist for items council wants updates on
LUNCH
Noon
3. FINANCIAL FORECAST UPDATE
1:00 pm
a) Impact of Implementing B&O and RFA: Compare with 2014 forecast
Strategy for 2019 "post Annexation Sales Tax Credit" Impact
4. QUALITY OF LIFE INITIATIVE
1:30 pm
a) Scope and Timing of Initiative
- Election Deadlines
b) - Future Levies & Ballot Measures in King County
c) Discussion of Potential Projects
d) Financial "Size" of Initiative
- Revenue Options
e) - Property Tax Analysis
f) Levy Lid Lifts and Voted Bonds Presentation
g) Voted General Obligation Bonds Guide
BREAK
3:15 pm
5. BUSINESS PLAN UPDATE
3:30 pm
a) Changes to Vision?
Changes to Mission?
Changes to Goals and Objectives?
WRAP-UP
4:30 pm
Observations and Personal Commitments
ADJOURN
5:00 pm
2017 CITY COUNCIL PLANNING WORKSHOP/RETREAT
COUNCIL CONDUCT 101
Larry Warren, City Attorney
MAYOR-COUNCIL AUTHORITY
Renton is a non-charter code city under Title 35A RCW. In particular, the Mayor-Council
relationship is dealt with by Chapter 35A.12 RCW. A good summary of the Mayor’s duties and
authority is set out in RCW 35A.12.1001 and is attached for reference.
Unfortunately, there is no similar definitive statute on the Council, authority and duties, but
instead the authority and duties are spread throughout Chapter 35A.12. A better general guide
is contained in the Municipal Research Services Center (MRSC) publication Mayor and Council
Handbook2. The cover pages and part of Chapter 6 – The Job of a Councilmember are attached
for reference.
In general, the Council sets policies and the Mayor executes policies and supervises the staff to
see that the business of the City is done and Council policies are executed.
LEVERAGING POSITION FOR FAVORS/REQUESTS
City officials are bound by a fairly strong set of ethical and legal constraints against use of the
officials’ office for personal gain. City officials bound by the ethical rules include not just
Councilmembers, but also most City employees.
Chapter 42.23.040 RCW3 is the Code of Ethics for Municipal Officers – Contract Interests.
A good summary of this statute and other general ethical issues is contained in Chapter 12 of
the previously cited MRSC publication (see attached). Note the question to be asked in the
right-hand corner. To those questions, I would add, “How will it look to the general public?”.
Also attached is RCW 42.23.040 detailing when an interest in a contract by a municipal officer is
so remote that it isn’t a conflict of interest. For example, if you work for Boeing, with your
compensation is fixed salary or wages and you own less than 1% of the stock of Boeing, you do
not have a disqualifying conflict. RCW 42.23.040 (2) and (4).
Also attached is RCW 42.23.0704. It is included to contrast it with the state ethics code. The
state code allows for de minimis gifts. The old examples of de minimis gifts used to be flowers
AGENDA ITEM #1. a)
COUNCIL CONDUCT 101 | PAGE 2 OF 4
or tickets to sporting events. I doubt if tickets to sporting events are truly di minimis if the
tickets are to professional sporting events.
In contract, the statute of ethics for municipal officials bar any gifts, rewards or gratuity. The
auditor’s office has opined that because the two statutes are different they must mean
different things and the bar on any gift, etc. means just that.
OPEN MEETINGS, LAWS, EMERGING ISSUES AND COUNCIL COMMITTEE MINUTES
This state has a very broad Open Public Meetings Act (OPMA), Chapter 42.30 RCW5, which
basically requires that the public’s business be conducted in public. The Act is to be liberally
construed and its exceptions be limited. Several pages of Chapter 6 of Knowing the Territory6,
an MRSC publication, are attached as background.
Renton has zealously sought to comply with OPMA, while at the same time using its committee
system to do a lot of work. The committee meetings are properly treated as open public
meetings, and I have not seen or heard of a complaint from any citizen or regulatory agency
that there have been violations of OPMA.
Taking all of that in context, I have several minor suggestions to improve the process. I cannot
quote you black letter law that the suggestions are required, but believe they are meritorious
given the intent of OPMA. My suggestions are as follows:
1. Make sure committee topics have been referred and announced before they are
discussed in committee.
2. Expand the committee agenda topic of “emerging issues” to disclose what issues are
being discussed.
3. If the committee is going to take comment or testimony from the public or outside
agencies, then minutes should be taken.
Each of these suggestions is briefly discussed below:
1. Make sure committee topics have been referred and announced before they are
discussed in committee.
I recently attended a council meeting. As is customary, I reviewed the council agenda,
but also had been on the approval queue for adding items to the age nda. I was aware
that a topic was being referred to a committee that night from the consent agenda, but
the item was removed from the agenda with a statement that there had been a
committee meeting on the topic. A committee report on the topic was later read. There
must have been a timing issue that led to this shortened process.
AGENDA ITEM #1. a)
COUNCIL CONDUCT 101 | PAGE 3 OF 4
The issue is that there was no public announcement of the topic being discussed in the
meeting, so there was no possibility of the public attending the meeting. A meeting
can’t really be open if no one knows about it.
2. Expand the committee agenda topic of “emerging issues” to disclose what issues are
being discussed.
Again, the issue is notice to the public. While there is no statutory requirement that
Council give a more definitive topic, the public has little ability to know if it is interested
in the meeting.
There is some general law that the preliminary agenda for a council meeting fairly
apprise the citizens of action that will be taken at the meeting. By extension, I think this
rule applies to council committee meetings, and a more specific agenda topic will meet
the intent of OPMA.
The topic could be slightly expanded to provide better public notice. A good example
would be one used by the Finance Committee when it announces “Emerging Issues in
Revenue Streams”. That would alert the public about what was being discussed.
3. If the committee is going to take testimony or comment from the public or an outside
agency, then minutes should be taken.
Generally, minutes are taken of “action” decisions by the City Council, but under OPMA,
action is defined very broadly and can include such things as receipt of public testimony,
deliberations and considerations. RCW 42.30.020(3)7. While arguably all committee
meetings should have minutes taken, the “action” item is usually a committee report
and recommendation to the full council. If testimony is taken that leads to the
committee report, then documentation needs to be kept, which is probably best done
by minutes.
AGENDA ITEM #1. a)
COUNCIL CONDUCT 101 | PAGE 4 OF 4
REFERENCES
1. RCW 35A.12.100, Duties and Authority of the Mayor – Veto – Tie Breaking Vote:
http://app.leg.wa.gov/RCW/default.aspx?cite=35A.12.100
2. Mayor and Councilmember Handbook, Municipal Research and Services Center (MRSC):
http://mrsc.org/getmedia/034f13b6-7ec2-4594-b60b-efaf61dd7d10/Mayor-And-
Councilmember-Handbook.pdf.aspx?ext=.pdf
3. RCW 42.23.040, Remote Interests: http://app.leg.wa.gov/RCW/default.aspx?cite=42.23.040
4. RCW 42.23.070, Prohibited Acts: http://app.leg.wa.gov/RCW/default.aspx?cite=42.23.070
5. Chapter 42.30 RCW, Open Public Meetings Act:
http://app.leg.wa.gov/RCW/default.aspx?cite=42.30
6. Knowing the Territory, Municipal Research and Services Center (MRSC):
http://mrsc.org/getmedia/1e641718-94a0-408b-b9d9-42b2e1d8180d/ktt13.pdf.aspx
7. RCW 42.30.020, Definitions: http://app.leg.wa.gov/RCW/default.aspx?cite=42.30.020
AGENDA ITEM #1. a)
1/31/2017 RCW 35A.12.100: Duties and authority of the m ayor—Veto—Tiebr eaking vote.
http://app.leg.wa.gov/RCW /default.aspx?cite=35A.12.100 1/1
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 or she shall see that all law s 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. All official bonds and bonds of contractors with the city shall be submitted
to the mayor or such person as he or she may designate for approval or disapproval. H e or she shall see
that all contracts and agreements made w ith the city or for its use and benefit are faithfully kept and
performed, and to this end he or she 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. 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 councilmembers 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. H e or she 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 or she shall prepare and submit to the council a
proposed budget, as required by chapter 35A .33 RC W. The mayor shall have the power to veto
ordinances passed by the council and submitted to him or her as provided in R CW 35A.12.130 but such
veto may be overridden by the vote of a majority of all councilmembers plus one more vote. 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.
[ 2009 c 549 § 3010; 1979 ex.s. c 18 § 22; 1967 ex.s. c 119 § 35A.12.100.]
N OTES:
Severability—1979 ex.s. c 18: See note following RC W 35A .01.070.
R CW 35A.12.100
D uties and authority of the mayor—Veto—Tiebreaking vote.
AGENDA ITEM #1. a)
handbook
Mayor & Councilmember
AGENDA ITEM #1. a)
1
Mayor & Councilmember
Association of Washington Cities
1076 Franklin Street SE
Olympia, WA 98501
360753-4137
www.awcnet.org
M5SC
2601 Fourth Avenue, Suite 800
Seattle, WA 98121-1280
206625-1300
ZZZPUVFRUJ
MRSC Report No. 44
Revised October 2015
h a n d b o o k
AGENDA ITEM #1. a)
21 The job of a councilmember
Chapter 6
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The principal job of a city or town council is to make policy. A policy is a
course of action for a community. Policy-making 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, citizens’ 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 it. 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, that
actually sees that the policies are implemented. 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
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government.
Responding to citizen 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, keeping 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
in arranging for the provision of legal services through a contractual
arrangement. Regardless of how the position is established, remember that
though 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
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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 #1. a)
22
Neither the mayor nor the city manager can prohibit the council from having
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manager may feel that questions to the city attorney should be channeled
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sure that the questions are presented clearly. Ultimately, it is up to the
council to establish procedures on how city attorney services are provided.
Some smaller cities try to minimize their fees for legal services by not
having the city attorney regularly attend 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,
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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 city workers. The council may also
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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
8QLRQVKDYHDVLJQLÀFDQWSUHVHQFHLQ:DVKLQJWRQFLWLHV0RVWFLW\HPSOR\HHV
have the right to organize under state law and have joined state-wide
unions or formed local associations. The city must negotiate labor contracts
with these unions over wages, hours and working conditions.
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YHU\VPDOOFLWLHVSROLFHDQGÀUHXQLRQVKDYHDFFHVVWRLQWHUHVWDUELWUDWLRQ
when an impasse in bargaining occurs. This can create a unique dynamic in
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PDNHGHFLVLRQVUHJDUGLQJZDJHVEHQHÀWVDQGFRQWUDFWODQJXDJH
Open government laws
Compliance with public disclosure and open meetings builds citizen trust.
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on public disclosure, the Open Public Meetings Act, and records retention
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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 council
members 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 prior to action
being taken. The mayor and
councilmembers should be
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cases outside of an executive
session.
AGENDA ITEM #1. a)
53 Ethical issues
Chapter 12
Ethical issues
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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 conferences6XEPLWWLQJLQÁDWHGRUIDOVHWUDYHOH[SHQVHV
This includes using agency funds for personal trips or vacations.
• Use of letterhead8VLQJRIÀFLDOOHWWHUKHDGWRHQGRUVHDQRWKHUSROLWLFDO
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.
• 3KRQHVID[DQGFRPSXWHUV8VLQJRIÀFLDOHTXLSPHQWIRUSHUVRQDO
purposes.
• Agency staff. Using agency staff and resources for personal services or
political campaigning.
• &RQÀGHQWLDOLW\. Divulging privileged personnel, legal or executive session
information.
• 6H[XDOKDUDVVPHQW. Telling off-color jokes at meetings, improper
comments or touching of staff.
State and local ethics laws
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SURKLELWVDPXQLFLSDORIÀFLDOIURP
• 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
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• $FFHSWLQJHPSOR\PHQWRUHQJDJLQJLQEXVLQHVVWKDWWKHRIÀFHUPLJKW
UHDVRQDEO\H[SHFWZRXOGUHTXLUHKLPRUKHUWRGLVFORVHFRQÀGHQWLDO
information acquired by reason of his or her position.
• 'LVFORVLQJFRQÀGHQWLDOLQIRUPDWLRQJDLQHGE\UHDVRQRIWKHRIÀFHU·V
position, or use of such information for personal gain.
Private interest in public contracts
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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:
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AGENDA ITEM #1. a)
1/31/2017 RCW 42.23.040: Remote interests.
http://app.leg.wa.gov/RCW /default.aspx?cite=42.23.040 1/1
A municipal officer is not interested in a contract, within the meaning of RCW 42.23.030, if the officer
has only a remote interest in the contract and the extent of the interest is disclosed to the governing body
of the municipality of which the officer is an officer and noted in the official minutes or similar records of the
municipality prior to the formation of the contract, and thereafter the governing body authorizes, approves,
or ratifies the contract in good faith by a vote of its membership sufficient for the purpose w ithout counting
the vote or votes of the officer having the remote interest. As used in this section "remote interest" means:
(1) That of a nonsalaried officer of a nonprofit corporation;
(2) That of an employee or agent of a contracting party where the compensation of such employee or
agent consists entirely of fixed wages or salary;
(3) That of a landlord or tenant of a contracting party;
(4) That of a holder of less than one percent of the shares of a corporation or cooperative which is a
contracting party.
None of the provisions of this section are applicable to any officer interested in a contract, even if the
officer's interest is only remote, if the officer influences or attempts to influence any other officer of the
municipality of which he or she is an officer to enter into the contract.
[ 1999 c 261 § 3; 1961 c 268 § 5.]
N OTES:
Findings—Intent—1999 c 261: See note follow ing RCW 42.23.030.
R CW 42.23.040
R emote interests.
AGENDA ITEM #1. a)
1/31/2017 RCW 42.23.070: Pr ohibited acts.
http://app.leg.wa.gov/RCW /default.aspx?cite=42.23.070 1/1
(1) N o municipal officer may use his or her position to secure special privileges or exemptions for
himself, herself, or others.
(2) N o municipal officer may, directly or indirectly, give or receive or agree to receive any
compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter
connected w ith or related to the officer's services as such an officer unless otherw ise provided for by law.
(3) N o municipal officer may accept employment or engage in business or professional activity that the
officer might reasonably expect would require or induce him or her by reason of his or her official position
to disclose confidential information acquired by reason of his or her official position.
(4) N o municipal officer may disclose confidential information gained by reason of the officer's position,
nor may the officer otherwise use such information for his or her personal gain or benefit.
[ 1994 c 154 § 121.]
N OTES:
Effective date—1994 c 154: See RCW 42.52.904.
R CW 42.23.070
Prohibited acts.
AGENDA ITEM #1. a)
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 #1. a)
27Knowing the Territory | Open Public Meetings Act
or takes testimony or public comment.”
RCW 42.30.020.19
c. Certain policy groups representing partici-
pants 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 proceed-
ings.
b. Certain quasi-judicial proceedings that
affect only individual rights; e.g., a civil ser-
vice hearing affecting only the rights of an
individual employee, and not the general
public.
c. Collective bargaining sessions with em-
ployee 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 strat-
egy 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 testi-
mony, deliberations, discussions, considerations,
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 pursu-
ant to state or local legislation, includ-
ing planning commissions and others.
RCW 42.30.020(1)(c).18
b. “Governing body” includes a commit-
tee 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 #1. a)
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 jurisdic-
tion 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 ex-
clude members of the public. RCW 42.30.030.
2. The place of a special meeting must be desig-
nated 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 tele-
phone 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.
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 accord-
ing 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 mu-
nicipal 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 ma-
jority of the members.
3. Must be announced by written notice to all
members of the governing body; also to mem-
bers 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 #1. a)
2/2/2017 RCW 42.30.020: Definitions.
http://app.leg.wa.gov/RCW /default.aspx?cite=42.30.020 1/1
As used in this chapter unless the context indicates otherwise:
(1) "Public agency" means:
(a) Any state board, commission, committee, department, educational institution, or other state agency
w hich is created by or pursuant to statute, other than courts and the legislature;
(b) Any county, city, school district, special purpose district, or other municipal corporation or political
subdivision of the state of Washington;
(c) Any subagency of a public agency which is created by or pursuant to statute, ordinance, or other
legislative act, including but not limited to planning commissions, library or park boards, commissions, and
agencies;
(d) Any policy group whose membership includes representatives of publicly ow ned utilities formed by
or pursuant to the laws of this state when meeting together as or on behalf of participants who have
contracted for the output of generating plants being planned or built by an operating agency.
(2) "Governing body" means the multimember board, commission, committee, council, or other policy
or rulemaking body of a public agency, or any committee thereof when the committee acts on behalf of the
governing body, conducts hearings, or takes testimony or public comment.
(3) "Action" 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.
(4) "Meeting" means meetings at which action is taken.
[ 1985 c 366 § 1; 1983 c 155 § 1; 1982 1st ex.s. c 43 § 10; 1971 ex.s. c 250 § 2.]
N OTES:
Severability—Savings—1982 1st ex.s. c 43: See notes following R CW 43.52.374.
R CW 42.30.020
D efinitions.
AGENDA ITEM #1. a)
Now that you
are a city elected
official, your work
has just begun
AWC is here to help
Now is the time to learn all about your new
role, what your city does, and how you can
inspire change that has a lasting impact on your
community and future generations. To do this,
you must be knowledgeable about a wide array
of city issues.
AWC’s many trainings, publications, and resources
will help you navigate your first year in office and
develop as a municipal leader.
Our resources are
waiting to be explored
Publications
• Basics of Collective Bargaining
• Cityvision magazine
• Forming Successful Partnerships
• Mayor and Council Member Handbook
• Operation: Strong Cities Pocket Guide
• Public Employer Overtime Guide
• Small City Resource Manual
• So you want to be an elected official?
• Ten Commandments of Community Leadership
eLearning
• Budgeting Basics
• GMA Conversation Starters
• Low Impact Development Code Update and Integration
• Short Course on Local Planning
• What is a City?
City data
• Open Data Portal
• Salary and benefits survey
• Municipal rates and fees
Our education program prepares
municipal leaders for success
Throughout the year, AWC offers conferences, issue-oriented forums, and
webinars that are relevant in today’s fast-paced, dynamic world. Mark
your calendar to attend these 2016 events:
City Action Days
January 27-28 • Olympia
Running Great Meetings Using Parliamentary Procedure
January 28 • Olympia
Labor Relations Institute
May 4-6 • Yakima
Small City Connectors
April & May • Various locations
Annual Conference
June 21-24 • Everett
Municipal Budgeting & Fiscal Management Workshop
July 28-29 • Tukwila
August 24-26 • Leavenworth
Regional Meetings
October & November • Various locations
Infrastructure Assistance Coordinating Council Conference
October 18-20 • Wenatchee
AWC’s Certificate of Municipal Leadership (CML) program
provides mayors and councilmembers the training they need to
effectively operate within the law, plan for the future, secure and manage
funds, and foster community and staff relationships.
The elected
officials’ road map
Check out awcnet.orgWant more?
Association of Washington Cities
1076 Franklin Street SE
Olympia, WA 98501-1346
awcnet.org
800.562.8981
360.753.4137
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Use the elected officials’ road map to navigate your first year in office
Get oriented
It is imperative that you understand your city’s
powers and services. You should know your city’s:
• Form of government and classification
• Ordinances
• Services provided
• Boundaries, buildings, and facilities
Know your roles and
responsibilities
Understanding your role is critical to ensure proper
planning, oversight, and delivery. You should know:
• The difference between policymaking vs.
administration, and who is responsible for what
• How your city’s court is operated and the
powers of the third branch of government
Understand the legal landscape
You may think of yourself as a law-abiding,
ethical person, but there are many rules to
keep you on the right side of the law once you
are elected. You should know:
• Ethics laws
• Open Public Meetings Act
• Public Records Act
• Appearance of Fairness Doctrine
Work as a team
To be effective, elected officials must work
together as a team to enact local policies and
laws, and establish a shared vision for the future.
You should know:
• Types of council meetings
• How you are expected to work with
advisory committees
• Parliamentary procedure
Engage the public
You are now a servant to everyone in your
community, not just those who share your views
or those who voted for you. You should know:
• How your city traditionally engages the
community
• Which civic groups to meet with in order
to listen, answer questions, and share your
insight
• How to talk with the media
• Volunteer opportunities in your city
Implement policy
One of the most challenging tasks for city elected
officials is policy development and adoption. You
should know:
• Your city’s budgets and the budget-adoption
timeline
• How to set utility rates in order to manage
capital assets and plan for growth
• Whether or not your city is required to plan
under the Growth Management Act, and if so,
what’s contained in the comprehensive plan
• How state and federal environmental laws and
regulations may impact your city
Advocate for your city
Part of the elected leader’s role is to advocate for the
city’s needs with local, regional, state, and federal
decision makers. You should know:
• Who your city’s legislators and congressional
representatives are, and meet with them
• What your legislators and congressional
representatives are doing to help or hurt your city
• What stories to share with media that illustrate
your city’s needs
• Whether or not your city has a legislative agenda
Work toward tomorrow
In spite of the many things elected leaders must do
daily, it’s important to stay focused on the future. This
requires that you use your leadership status to move
the city agenda forward, build trust, and create a civic
culture of mutual respect. You should know:
• Your city’s strategic plan and update process
• Plans for economic development and vitality
• How performance management can help your city
chart progress and track results
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AGENDA ITEM #1. d)
8
2/3/2017 10:37 AM
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10
2/3/2017 10:37 AM
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AGENDA ITEM #1. d)
11
2/3/2017 10:37 AM
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AGENDA ITEM #1. d)
Meeting Date
Agenda
Published
CAO Final
Approval
Administrator
Approval Due AB Input Due If referred to this committee…
Final approval
will happen
Jan 9,2017 Thurs, Jan 5 Wed, Jan 4 Tues, Jan 3 Tues, Jan 3 Finance Committee, Jan 23 Jan 23
Utilities Committee, Jan 12 Jan 23
Public Safety Committee, Jan 23 Jan 23
Planning & Development Committee, Jan 12 Jan 23
Community Services Committee, Feb 6 Feb 6
Transportation Committee, Feb 6 Feb 6
Jan 16, 2017 NO MEETING NO MEETING NO MEETING NO MEETING HOLIDAY NO MEETING
Jan 23, 2017 Thurs, Jan 19 Wed, Jan 18 Tues, Jan 17 Tues, Jan 17 Finance Committee, Feb 13 Feb 13
Utilities Committee, Jan 26 Feb 6
Public Safety Committee, Feb 13 Feb 13
Planning & Development Committee, Jan 26 Feb 6
Community Services Committee, Feb 6 Feb 6
Transportation Committee, Feb 6 Feb 6
Jan 30, 2017 NO MEETING NO MEETING NO MEETING NO MEETING FIFTH MONDAY NO MEETING
Feb 6, 2017 Thurs, Feb 2 Wed, Feb 1 Mon, Jan 23 Mon, Jan 23 Finance Committee, Feb 13 Feb 13
Utilities Committee, Feb 9 Feb 13
Public Safety Committee, Feb 13 Feb 13
Planning & Development Committee, Feb 9 Feb 13
Community Services Committee, March 6 March 6
Transportation Committee, March 6 March 6
Feb 13, 2017 Thurs, Feb 9 Wed, Feb 8 Mon, Feb 6 Mon, Feb 6 Finance Committee, Feb 27 Feb 27
Utilities Committee, Feb 23 Feb 27
Public Safety Committee, Feb 27 Feb 27
Planning & Development Committee, Feb 23 Feb 27
Community Services Committee, March 6 March 6
Transportation Committee, March 6 March 6
Feb 20, 2017 CANCELLED CANCELLED CANCELLED CANCELLED COUNCIL HOLIDAY CANCELLED
Feb 27, 2017 Thurs, Feb 23 Wed, Feb 22 Mon, Feb 20 Mon, Feb 20 Finance Committee, March 13 March 13
Utilities Committee, March 9 March 13
Public Safety Committee, March 13 March 13
2017 Agenda Bill Schedule
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Meeting Date
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Published
CAO Final
Approval
Administrator
Approval Due AB Input Due If referred to this committee…
Final approval
will happen
Planning & Development Committee, March 9 March 13
Community Services Committee, March 6 March 6
Transportation Committee, March 6 March 6
Mar 6, 2017 Thurs, Mar 2 Wed, Mar 1 Mon, Feb 27 Mon, Feb 27 Finance Committee, March 13 March 13
Utilities Committee, March 9 March 13
Public Safety Committee, March 13 March 13
Planning & Development Committee, March 9 March 13
Community Services Committee, March 20 March 20
Transportation Committee, March 20 March 20
Mar 13, 2017 Thurs, Mar 9 Wed, Mar 8 Mon, Mar 6 Mon, Mar 6 Finance Committee, March 27 March 27
Utilities Committee, March 23 March 23
Public Safety Committee, March 27 March 27
Planning & Development Committee, March 23 March 27
Community Services Committee, March 20 March 20
Transportation Committee, March 20 March 20
Mar 20, 2017 Thurs, Mar 16 Wed, Mar 15 Mon, Mar 13 Mon, Mar 13 Finance Committee, March 27 March 27
Utilities Committee, March 23 March 27
Public Safety Committee, March 27 March 27
Planning & Development Committee, March 23 March 27
Community Services Committee, April 3 April 3
Transportation Committee, April 3 April 3
Mar 27, 2017 Thurs, Mar 23 Wed, Mar 22 Mon, Mar 20 Mon, Mar 20 Finance Committee, April 10 April 10
Utilities Committee, April 13 April 17
Public Safety Committee, Apr 10 Apr 10
Planning & Development Committee, Apr 13 Apr 17
Community Services Committee, Apr 3 Apr 3
Transportation Committee, Apr 3 Apr 3
Apr 3, 2017 Thurs, Mar 30 Wed, Mar 29 Mon, Mar 27 Mon, Mar 27 Finance Committee, Apr 10 Apr 10
Utilities Committee, Apr 13 Apr 17
Public Safety Committee, Apr 10 Apr 10
Planning & Development Committee, Apr 13 Apr 17
Community Services Committee, Apr 17 Apr 17
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CAO Final
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Administrator
Approval Due AB Input Due If referred to this committee…
Final approval
will happen
Transportation Committee, Apr 17 Apr 17
Apr 10, 2017 Thurs, Apr 6 Wed, Apr 5 Mon, Apr 3 Mon, Apr 3 Finance Committee, Apr 24 Apr 24
Utilities Committee, Apr 13 Apr 17
Public Safety Committee, Apr 24 Apr 24
Planning & Development Committee, Apr 13 Apr 17
Community Services Committee, Apr 17 Apr 17
Transportation Committee, Apr 17 Apr 17
Apr 17, 2017 Thurs, Apr 13 Wed, Apr 12 Mon, Apr 10 Mon, Apr 10 Finance Committee, Apr 24 Apr 24
Utilities Committee, Apr 27 May 1
Public Safety Committee, Apr 24 Apr 24
Planning & Development Committee, Apr 27 May 1
Community Services Committee, May 1 May 1
Transportation Committee, May 1 May 1
April 24, 2017 Thurs, Apr 20 Wed, Apr 19 Mon, Apr 17 Mon, Apr 17 Finance Committee, May 8 May 8
Utilities Committee, Apr 27 May 1
Public Safety Committee, May 8 May 8
Planning & Development Committee, Apr 27 May 1
Community Services Committee, May 1 May 1
Transportation Committee, May 1 May 1
May 1, 2017 Thurs, Apr 27 Wed, Apr 26 Mon, Apr 24 Mon, Apr 24 Finance Committee, May 8 May 8
Utilities Committee, May 11 May 15
Public Safety Committee, May 8 May 8
Planning & Development Committee, May 11 May 15
Community Services Committee, May 15 May 15
Transportation Committee, May 15 May 15
May 8, 2017 Thurs, May 4 Wed, May 3 Mon, May 1 Mon, May 1 Finance Committee, May 22 May 22
Utilities Committee, May 11 May 15
Public Safety Committee, May 22 May 22
Planning & Development Committee, May 11 May 15
Community Services Committee, May 15 May 15
Transportation Committee, May 15 May 15
May 15, 2017 Thurs, May 11 Wed, May 10 Mon, May 8 Mon, May 8 Finance Committee, May 22 May 22
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Meeting Date
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Published
CAO Final
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Administrator
Approval Due AB Input Due If referred to this committee…
Final approval
will happen
Utilities Committee, May 25 June 5
Public Safety Committee, May 22 May 22
Planning & Development Committee, May 25 June 5
Community Services Committee, June 5 June 5
Transportation Committee, June 5 June 5
May 22, 2017 Thurs, May 18 Wed, May 17 Mon, May 15 Mon, May 15 Finance Committee, June 12 June 12
Utilities Committee, May 25 June 5
Public Safety Committee, June 12 June 12
Planning & Development Committee, May 25 June 5
Community Services Committee, June 5 June 5
Transportation Committee, June 5 June 5
May 29, 2017 NO MEETING NO MEETING NO MEETING NO MEETING HOLIDAY / FIFTH MONDAY NO MEETING
June 5, 2017 Thurs, June 1 Wed, May 31 Tues, May 30 Tues, May 30 Finance Committee, June 12 June 12
Utilities Committee, June 8 June 12
Public Safety Committee, June 12 June 12
Planning & Development Committee, June 8 June 12
Community Services Committee, June 19 June 19
Transportation Committee, June 19 June 19
June 12, 2017 Thurs, June 8 Wed, June 7 Mon, June 5 Mon, June 5 Finance Committee, June 26 June 26
Utilities Committee, June 22 June 26
Public Safety Committee, June 26 June 26
Planning & Development Committee, June 22 June 26
Community Services Committee, June 19 June 19
Transportation Committee, June 19 June 19
June 19, 2017 Thurs, June 15 Wed, June 14 Mon, June 12 Mon, June 12 Finance Committee, June 26 June 26
Utilities Committee, June 22 June 26
Public Safety Committee, June 26 June 26
Planning & Development Committee, June 22 June 26
Community Services Committee, July 3 July 3
Transportation Committee, July 3 July 3
June 26, 2017 Thurs, June 22 Wed, June 21 Mon, June 19 Mon, June 19 Finance Committee, July 10 July 10
Utilities Committee, July 6 July 10
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Meeting Date
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Published
CAO Final
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Administrator
Approval Due AB Input Due If referred to this committee…
Final approval
will happen
Public Safety Committee, July 10 July 10
Planning & Development Committee, July 6 July 10
Community Services Committee, July 3 July 3
Transportation Committee, July 3 July 3
July 3, 2017 Thurs, June 29 Wed, June 28 Mon, June 26 Mon, June 26 Finance Committee, July 10 July 10
Utilities Committee, July 6 July 10
Public Safety Committee, July 10 July 10
Planning & Development Committee, July 6 July 10
Community Services Committee, Aug 7 Aug 7
Transportation Committee, Aug 7 Aug 7
July 10, 2017 Thurs, July 6 Wed, July 5 Mon, July 3 Mon, July 3 Finance Committee, Aug 14 Aug 14
Utilities Committee, July 27 Aug 7
Public Safety Committee, Aug 14 Aug 14
Planning & Development Committee, July 27 Aug 7
Community Services Committee, Aug 7 Aug 7
Transportation Committee, Aug 7 Aug 7
July 17, 2017 CANCELLED CANCELLED CANCELLED CANCELLED COUNCIL HOLIDAY CANCELLED
July 24, 2017 CANCELLED CANCELLED CANCELLED CANCELLED COUNCIL HOLIDAY CANCELLED
July 31, 2017 NO MEETING NO MEETING NO MEETING NO MEETING FIFTH MONDAY NO MEETING
Aug 7, 2017 Thurs, Aug 3 Wed, Aug 2 Mon, July 31 Mon, July 31 Finance Committee, Aug 14 Aug 14
Utilities Committee, Aug 10 Aug 14
Public Safety Committee, Aug 14 Aug 14
Planning & Development Committee, Aug 10 Aug 14
Community Services Committee, Sept 18 Sept 18
Transportation Committee, Sept 18 Sept 18
Aug 14, 2017 Thurs, Aug 10 Wed, Aug 9 Mon, Aug 7 Mon, Aug 7 Finance Committee, Sept 11 Sept 11
Utilities Committee, Aug 24 Sept 11
Public Safety Committee, Sept 11 Sept 11
Planning & Development Committee, Aug 24 Sept 11
Community Services Committee, Sept 18 Sept 18
Transportation Committee, Sept 18 Sept 18
Aug 21, 2017 CANCELLED CANCELLED CANCELLED CANCELLED COUNCIL HOLIDAY CANCELLED
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CAO Final
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Administrator
Approval Due AB Input Due If referred to this committee…
Final approval
will happen
Aug 28, 2017 CANCELLED CANCELLED CANCELLED CANCELLED COUNCIL HOLIDAY CANCELLED
Sept 4, 2017 NO MEETING NO MEETING NO MEETING NO MEETING HOLIDAY NO MEETING
Sept 11, 2017 Thurs, Sept 7 Wed, Sept 6 Tues, Sept 5 Tues, Sept 5 Finance Committee, Sept 25 Sept 25
Utilities Committee, Sept 14 Sept 18
Public Safety Committee, Sept 25 Sept 25
Planning & Development Committee, Sept 14 Sept 18
Community Services Committee, Sept 18 Sept 18
Transportation Committee, Sept 18 Sept 18
Sept 18, 2017 Thurs, Sept 14 Wed, Sept 13 Mon, Sept 11 Mon, Sept 11 Finance Committee, Sept 25 Sept 25
Utilities Committee, Sept 28 Oct 2
Public Safety Committee, Sept 25 Sept 25
Planning & Development Committee, Sept 28 Oct 2
Community Services Committee, Oct 2 Oct 2
Transportation Committee, Oct 2 Oct 2
Sept 25, 2017 Thurs, Sept 21 Wed, Sept 20 Mon, Sept 18 Mon, Sept 18 Finance Committee, Oct 9 Oct 9
Utilities Committee, Sept 28 Oct 2
Public Safety Committee, Oct 9 Oct 9
Planning & Development Committee, Sept 28 Oct 2
Community Services Committee, Oct 2 Oct 2
Transportation Committee, Oct 2 Oct 2
Oct 2, 2017 Thurs, Sept 28 Wed, Sept 27 Mon, Sept 25 Mon, Sept 25 Finance Committee, Oct 9 Oct 9
Utilities Committee, Oct 12 Oct 16
Public Safety Committee, Oct 9 Oct 9
Planning & Development Committee, Oct 12 Oct 16
Community Services Committee, Oct 16 Oct 16
Transportation Committee, Oct 16 Oct 16
Oct 9, 2017 Thurs, Oct 5 Wed, Oct 4 Mon, Oct 2 Mon, Oct 2 Finance Committee, Oct 23 Oct 23
Utilities Committee, Oct 12 Oct 16
Public Safety Committee, Oct 23 Oct 23
Planning & Development Committee, Oct 12 Oct 16
Community Services Committee, Oct 16 Oct 16
Transportation Committee, Oct 16 Oct 16
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Published
CAO Final
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Administrator
Approval Due AB Input Due If referred to this committee…
Final approval
will happen
Oct 16, 2017 Thurs, Oct 12 Wed, Oct 11 Mon, Oct 9 Mon, Oct 9 Finance Committee, Oct 23 Oct 23
Utilities Committee, Oct 26 Nov 6
Public Safety Committee, Oct 23 Oct 23
Planning & Development Committee, Oct 26 Nov 6
Community Services Committee, Nov 6 Nov 6
Transportation Committee, Nov 6 Nov 6
Oct 23, 2017 Thurs, Oct 19 Wed, Oct 18 Mon, Oct 16 Mon, Oct 16 Finance Committee, Nov 13 Nov 13
Utilities Committee, Oct 26 Nov 6
Public Safety Committee, Nov 13 Nov 13
Planning & Development Committee, Oct 26 Nov 6
Community Services Committee, Nov 6 Nov 6
Transportation Committee, Nov 6 Nov 6
Oct 30, 2017 NO MEETING NO MEETING NO MEETING NO MEETING FIFTH MONDAY NO MEETING
Nov 6, 2017 Thurs, Nov 2 Wed, Nov 1 Mon, Oct 30 Mon, Oct 30 Finance Committee, Nov 13 Nov 13
Utilities Committee, Nov 9 Nov 13
Public Safety Committee, Nov 13 Nov 13
Planning & Development Committee, Nov 9 Nov 13
Community Services Committee, Nov 20 Nov 20
Transportation Committee, Nov 20 Nov 20
Nov 13, 2017 Thurs, Nov 9 Wed, Nov 8 Mon, Nov 6 Mon, Nov 6 Finance Committee, Nov 27 Nov 27
Utilities Committee, Dec 7 Dec 11
Public Safety Committee, Nov 27 Nov 27
Planning & Development Committee, Dec 7 Dec 11
Community Services Committee, Nov 20 Nov 20
Transportation Committee, Nov 20 Nov 20
Nov 20, 2017 Thurs, Nov 16 Wed, Nov 15 Mon, Nov 13 Mon, Nov 13 Finance Committee, Nov 27 Nov 27
Utilities Committee, Dec 7 Dec 11
Public Safety Committee, Nov 27 Nov 27
Planning & Development Committee, Dec 7 Dec 11
Community Services Committee, Dec 4 Dec 4
Transportation Committee, Dec 4 Dec 4
Nov 27, 2017 Wed, Nov 22 Tues, Nov 21 Mon, Nov 20 Mon, Nov 20 Finance Committee, Dec 11 Dec 11
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Published
CAO Final
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Administrator
Approval Due AB Input Due If referred to this committee…
Final approval
will happen
Utilities Committee, Dec 7 Dec 11
Public Safety Committee, Dec 11 Dec 11
Planning & Development Committee, Dec 7 Dec 11
Community Services Committee, Dec 4 Dec 4
Transportation Committee, Dec 4 Dec 4
Dec 4, 2017 Thurs, Nov 30 Wed, Nov 29 Mon, Nov 27 Mon, Nov 27 Finance Committee, Dec 11 Dec 11
Utilities Committee, Dec 7 Dec 11
Public Safety Committee, Dec 11 Dec 11
Planning & Development Committee, Dec 7 Dec 11
Community Services Committee, Jan 2018 Jan 2018
Transportation Committee, Jan 2018 Jan 2018
Dec 11, 2017 Thurs, Dec 7 Wed, Dec 6 Mon, Dec 4 Mon, Dec 4 Finance Committee, Jan 2018 Jan 2018
Utilities Committee, Jan 2018 Jan 2018
Public Safety Committee, Jan 2018 Jan 2018
Planning & Development Committee, Jan 2018 Jan 2018
Community Services Committee, Jan 2018 Jan 2018
Transportation Committee, Jan 2018 Jan 2018
Dec 18, 2017 CANCELLED CANCELLED CANCELLED CANCELLED COUNCIL HOLIDAY CANCELLED
Dec 25, 2017 NO MEETING NO MEETING NO MEETING NO MEETING HOLIDAY NO MEETING
Jan 1, 2018 NO MEETING NO MEETING NO MEETING NO MEETING HOLIDAY NO MEETING
Jan 8, 2018 Thurs, Jan 4 Wed, Jan 3 Tues, Jan 2 Tues, Jan 2 Finance Committee, Jan 2018 Jan 2018
Utilities Committee, Jan 2018 Jan 2018
Public Safety Committee, Jan 2018 Jan 2018
Planning & Development Committee, Jan 2018 Jan 2018
Community Services Committee, Jan 2018 Jan 2018
Transportation Committee, Jan 2018 Jan 2018
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Update of Financial Forecast &
Potential Funding for Quality of Life
Initiative
2017 Council Workshop
February 9-10 A
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Background
•How city managed through recession
•2015-16 budget started building long-term
stability
–B&O tax
–Regional Fire Authority
•Quality of Life
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Past Budget Reductions
The City mitigated the impacts of the Great Recession through
efficiency measures like LEAN, staff/service reductions, and
reduced capital investments.
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Budget Rebuilding
During the last two biennial budget processes, the City has
added resources to restore service levels and address growing
demands
4
• 2015/16 addition: $ 3.2 million
• 2017/18 addition*: 4.5 million
*Excludes change resulting from formation of RFA
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Staffing 2008-2018
Even with restoring staff, we are still lower than pre-Great
Recession levels even with increased population and demand for
services.
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2008 2017-18 % Change
Staffing 2009 2010 2011 2012 2013 2014 2015 2016 2017 Staffing*2008-2018
Citywide FTE Adjustment (includes CS Intermittent)602.65 (23.00) (45.70) (3.50) 6.25 (22.17) 5.25 9.13 12.00 24.50 565.41 -6.2%
City Council 8.00 - 8.00 0.0%
Executive 15.00 (0.50) (2.00) (1.50) (2.00) 0.63 9.63 -35.8%
Emergency Management 2.00 1.00 3.00 50.0%
Court Services 17.50 (0.50) (1.00) 0.50 (1.50) (2.00) 13.00 -25.7%
City Attorney 11.75 0.13 1.00 1.00 13.88 18.1%
Community Services**100.50 (2.20) (5.50) (1.50) 1.75 (3.80) 1.25 3.00 1.00 94.50 -6.0%
Community and Economic Development**69.00 (4.50) (16.50) 2.00 (5.00) 2.00 0.50 3.00 3.00 53.50 -22.5%
Administrative Services 52.50 (4.50) (6.00) 1.50 (5.00) 3.50 3.00 45.00 -14.3%
Human Resources and Risk Management 12.00 (1.00) (2.00) - 2.00 11.00 -8.3%
Public Works 156.20 (5.00) (10.70) (1.00) 2.00 (2.00) 3.50 9.00 152.00 -2.7%
Police (excludes staff transferred to SCORE)158.20 (4.80) (2.00) (1.00) (3.00) 1.00 1.00 5.00 7.50 161.90 2.3%
*Excludes Fire
**Cumulative FTE reduction includes reduction of intermittent and seasonal staff in Community Services
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2017 Property Tax
Page 6
Property Tax Worksheet Amount
2016 Base Levy $36,573,960
Limit Factor (the lesser of 1% or CPI)348,550
New Construction 623,987
Relevy Prior Year Refund 70,946
Annexation Levy 0
2017 Property Tax Base Levy $37,546,497
2016 Actual Levy $36,573,960
% Increase 2.7%
2017 Preliminary Allowable Tax Rate per $1000 AV $2.42382
2017 Maximum Statutory Levy $36,442,943
2017 Property Tax Base Levy $24,200,000
% Increase from 2016-2017 -33.8%
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Where does your
property tax dollar go?
(2017 Property Tax Distribution)
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Sales Tax Distribution
•Renton’s economy
generated
approximately $281
million in sales tax in
2016
•City’s share is 10%
•Of the city’s 1% sales
tax rate, we receive
only .085%*–less the
a penny on each
dollar spent!
•Significant sales tax
comes from new
construction
*.015% of Renton’s 1% goes to King County)
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Long Range Financial Projection
Adopted Budget 2015-2016
Page 9
2012 2013 2014 2015 2016 2017 2018 2019 2020
Summary ($ in Million)Actual Actual Projected Projected Projected Projected Projected Projected Projected
Beginning Fund Balance 10.8$ 15.6$ 17.5$ 13.5$ 13.4$ 13.4$ 13.1$ 11.8$ 6.7$
Operating Revenue 101.8$ 103.9$ 106.5$ 111.1$ 115.5$ 119.3$ 122.2$ 123.0$ 125.8$
Base Operating Expenditure (99.3) (101.1) (106.1) (111.2) (115.4) (119.6) (123.5) (128.1) (132.9)
Operating Surplus (Deficit)2.5$ 2.8$ 0.4$ (0.1)$ 0.2$ (0.3)$ (1.3)$ (5.1)$ (7.1)$
1X Sources *6.7$ 1.6$ 2.9$ 1.8$ 1.3$ 0.7$ 0.7$ 0.7$ 0.7$
1X Uses (4.6) (2.6) (7.3) (1.8) (1.4) (0.7) (0.7) (0.7) (0.7)
Net Resources - Uses 4.5$ 1.9$ (4.0)$ (0.1)$ (0.0)$ (0.3)$ (1.3)$ (5.1)$ (7.1)$
Ending Fund Balance 15.6$ 17.5$ 13.5$ 13.4$ 13.4$ 13.1$ 11.8$ 6.7$ (0.4)$
9
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Long Range Financial Projection
Adopted 2017-2022
Page 10
2014 2015 2016 2017 2018 2019 2020 2021 2022
Summary ($ in Million)Actual Actual Projected Projected Projected Projected Projected Projected Projected
Beginning Fund Balance 17.5$ 17.6$ 20.0$ 17.0$ 19.4$ 21.4$ 18.9$ 14.0$ 7.3$
Operating Revenue 108.9$ 115.5$ 121.3$ 100.5$ 97.0$ 96.1$ 97.8$ 99.5$ 101.4$
Base Operating Expenditure (107.6) (113.2) (117.9) (92.8) (95.3) (99.1) (103.4) (106.6) (107.2)
Operating Surplus (Deficit)1.3$ 2.3$ 3.4$ 7.5$ 1.4$ (3.0)$ (5.5)$ (7.0)$ (5.8)$
1X Sources 2.8$ 17.7$ 4.1$ 1.0$ 1.0$ 0.6$ 0.6$ 0.3$ 0.3$
1X Uses (4.1) (17.7) (10.6) (6.1) (0.4) - - - -
Net Resources - Uses 0.1$ 2.4$ (3.1)$ 2.4$ 2.0$ (2.5)$ (4.9)$ (6.7)$ (5.4)$
Ending Fund Balance 17.6$ 20.0$ 17.0$ 19.4$ 21.4$ 18.9$ 14.0$ 7.3$ 1.9$
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•Property tax increases limited 1% plus new
construction
•Property tax levy set to decrease by another
$5.5 million in 2018
•Loss of Annexation Sales Tax Credit in mid-
2018
•Increases in sales tax largely driven by new
construction (one-time source)
•Utility taxes lower due to conservation efforts
Financial Pressures
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•Staffing necessary to maintain service levels –
rebuilding of staff less than previous reductions
•Costs grow at a faster rate than revenues (for
example, medical premiums, pension,banking
services, general insurance premiums, internal
services equipment, etc.)
•Demands driven by changing demographics
(aging population, aging infrastructure,
homelessness, diversity, other human services)
Financial Pressures
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Funding Options
Source/Legal
Restriction Estimated Amount Approval Process Purpose
1. Voted Regular Property
Tax Lid Lift (new revenue
May not supplant existing
Funds used for that
purpose)
From $1.61 to $2.42 (or 81¢) capacity.
Each 10¢ ~$1.5M/yr.
Simple majority voter approval. Levy lid lift
can be for any length of time, but can only
be used to pay debt service on bonds
(Councilmanic/ LTGO) for up to nine years.
Operating and/or
Capital
2. Voted Excess Property
Tax, Capital Levy/UTGO
Bonds
10¢ ~ $1.5M/year. Not subject to $3.325
limit. Duration is only as needed to retire
the bonds. Levy is set at rate required to
pay debt service.
60% approval, 40% turnout Capital (not equipment
replacement)
3. Councilmanic/LTGO
Bonds
Paid from existing General Fund sources or
legally available revenues. Each
$1.5M/year funds approximately $20M in
debt.
Council action Capital
4. Transportation
Benefit District
Initially $20/vehicle ~ $1.4 million/year. Council action @$20. District could be
formed as a separate municipal corporation
or powers could be assumed by Council.
Voters can approve higher amount.
Operating and/or
Capital
(transportation purposes
only)
5. Metropolitan Park District
Property Tax based special service district
(each 10¢ ~$1.5M/yr.). Once in place,
revenue growth limited to 1% per year and
susceptible to compression.
Simple majority voter approval. Park district
would be a separate municipal corporation
with its own taxing and debt authority.
Operating and/or
Capital (parks/ recreation
purposes only)
6. B&O Tax
Current revenue of approximately $6.8M
per year. B&O rate of 0.085% with a $1.5
million reporting threshold and $5B gross
receipt maximum.
Council action Operating and/or
Capital
7. Utility Tax: Above
Current Rate
1% ~ $2.5M/year (all utilities).
Council can raise tax on city operated
utilities; other utilities require voter approval.
Operating
8. User Fees
Currently existing fees are reviewed and
update biennially.
Council action Operating
13
A
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#
3
.
a
)
2017 Election Deadlines
Election Date Resolution Filing Date
February 14, 2017 December 16, 2016
April 25, 2017 February 24, 2017
August 1, 2017 May 12, 2017
November 7, 2017 August 1, 2017
AGENDA ITEM #4. a)
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N
N
Y
D
A
L
E
KE
N
N
Y
D
A
L
E
LI
O
N
S
PA
R
K
RE
D
E
S
I
G
N
W/
D
O
G
PA
R
K
Id
e
n
t
i
f
i
e
d
in
PR
N
A
Pl
a
n
‐
pa
r
k
la
n
d
is
no
t
fu
l
l
y
de
v
e
l
o
p
e
d
.
Up
d
a
t
e
an
d
ad
d
do
g
pa
r
k
$
2
.
4
million
MA
Y
CR
E
E
K
TR
A
I
L
‐
CR
E
E
K
CR
O
S
S
I
N
G
& MO
R
E
Id
e
n
t
i
f
i
e
d
in
PR
N
A
Pl
a
n
& Sh
o
r
e
l
i
n
e
pl
a
n
‐
Pa
r
t
n
e
r
wi
t
h
Ci
t
y
of
Ne
w
c
a
s
t
l
e
$
4
.
3
million
KE
N
Y
O
N
/
D
O
B
S
O
N
‐
IN
T
E
R
P
R
E
T
I
V
E
CE
N
T
E
R
Pr
o
p
e
r
t
y
no
w
in
Ci
t
y
ow
n
e
r
s
h
i
p
‐
de
v
e
l
o
p
m
e
n
t
id
e
n
t
i
f
i
e
d
in
Lo
n
g
Ra
n
g
e
Pa
r
k
s
CI
P
$3 million
Pa
g
e
3
AGENDA ITEM #4. c)
PL
A
N
N
I
N
G
AR
E
A
P
R
O
J
E
C
T
S
I
N
F
O
.
E
s
t
.
Costs
TA
L
B
O
T
ED
L
U
N
D
PA
R
K
/
S
O
F
T
SU
R
F
A
C
E
TR
A
I
L
Id
e
n
t
i
f
i
e
d
in
PR
N
A
Pl
a
n
‐
in
s
t
a
l
l
a so
f
t
su
r
f
a
c
e
tr
a
i
l
ar
o
u
n
d
th
e
pr
o
p
e
r
t
y
$
6
million
CL
E
V
E
L
A
N
D
PR
O
P
E
R
T
Y
DE
V
E
L
O
P
LA
R
G
E
CO
M
M
.
GA
R
D
E
N
Id
e
n
t
i
f
i
e
d
in
PR
N
A
Pl
a
n
‐
Po
t
e
n
t
i
a
l
pa
r
t
n
e
r
s
to
as
s
i
s
t
wi
t
h
in
s
t
a
l
l
an
d
op
e
r
a
t
e
ga
r
d
e
n
in
SW
co
r
n
e
r
of
pr
o
p
e
r
t
y
.
$
3
million
TA
L
B
O
T
HI
L
L
RE
S
E
R
V
.
PK
UP
G
R
A
D
E
S
Sp
o
r
t
co
u
r
t
s
an
d
up
g
r
a
d
e
s
to
ex
i
s
t
i
n
g
pi
c
k
l
e
b
a
l
l
co
u
r
t
s
,
id
e
n
t
i
f
i
e
d
in
PR
N
A
Pl
a
n
$
6
5
0
,
0
0
0
VA
L
L
E
Y
BL
A
C
K
RI
V
E
R
RI
P
A
R
I
A
N
FO
R
E
S
T
‐
IN
T
E
R
P
R
E
T
.
CN
T
R
.
,
UP
G
R
A
D
E
TR
A
I
L
Id
e
n
t
i
f
i
e
d
in
PR
N
A
Pl
a
n
‐
wi
l
l
be
ad
j
a
c
e
n
t
to
La
k
e
to
So
u
n
d
Tr
a
i
l
.
Pa
r
t
n
e
r
w/
H
e
r
o
n
'
s
Fo
r
e
v
e
r
$
8
.
9
million
SP
R
I
N
G
B
R
O
O
K
TR
A
I
L
MA
J
O
R
RE
P
A
I
R
S
Sp
a
n
s
fr
o
m
Bl
a
c
k
Ri
v
e
r
to
41
s
t
St
.
‐
tr
e
e
up
h
e
a
v
a
l
s
,
et
c
.
$
2
.
2
million
Pa
g
e
4
AGENDA ITEM #4. c)
Re
v
e
n
u
e
Op
t
i
o
n
s
So
u
r
c
e
/
L
e
g
a
l
Re
s
t
r
i
c
t
i
o
n
Es
t
i
m
a
t
e
d
A
m
o
u
n
t
Ap
p
r
o
v
a
l
P
r
o
c
e
s
s
Purpose
1.
V
o
t
e
d
R
e
g
u
l
a
r
P
r
o
p
e
r
t
y
T
a
x
L
i
d
L
i
f
t
(
n
e
w
r
e
v
e
n
u
e
M
a
y
n
o
t
s
u
p
p
l
a
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t
e
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s
t
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n
g
F
u
n
d
s
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s
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d
f
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a
t
p
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r
p
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e
)
Fr
o
m
$
1
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6
1
t
o
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2
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4
2
(
o
r
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1
¢
)
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a
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h
1
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~
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5
M
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m
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e
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y
l
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d
l
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n
b
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n
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l
e
n
g
t
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o
f
t
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m
e
,
b
u
t
c
a
n
o
n
l
y
be
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s
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d
t
o
p
a
y
d
e
b
t
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e
r
v
i
c
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o
n
b
o
n
d
s
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o
u
n
c
i
l
m
a
n
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c
/
L
T
G
O
)
f
o
r
u
p
t
o
n
i
n
e
y
e
a
r
s
.
Operating and/or Capital
2.
V
o
t
e
d
E
x
c
e
s
s
P
r
o
p
e
r
t
y
T
a
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a
p
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t
a
l
L
e
v
y
/
U
T
G
O
B
o
n
d
s
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¢
~
$
1
.
5
M
/
y
e
a
r
.
N
o
t
s
u
b
j
e
c
t
t
o
$
3
.
3
2
5
li
m
i
t
.
D
u
r
a
t
i
o
n
i
s
o
n
l
y
a
s
n
e
e
d
e
d
t
o
r
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t
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r
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th
e
b
o
n
d
s
.
L
e
v
y
i
s
s
e
t
a
t
r
a
t
e
r
e
q
u
i
r
e
d
t
o
pa
y
d
e
b
t
s
e
r
v
i
c
e
.
60
%
a
p
p
r
o
v
a
l
,
4
0
%
t
u
r
n
o
u
t
Capital (not equipment replacement)
3.
C
o
u
n
c
i
l
m
a
n
i
c
/
L
T
G
O
B
o
n
d
s
Pa
i
d
f
r
o
m
e
x
i
s
t
i
n
g
G
e
n
e
r
a
l
F
u
n
d
s
o
u
r
c
e
s
o
r
le
g
a
l
l
y
a
v
a
i
l
a
b
l
e
r
e
v
e
n
u
e
s
.
E
a
c
h
$1
.
5
M
/
y
e
a
r
f
u
n
d
s
a
p
p
r
o
x
i
m
a
t
e
l
y
$
2
0
M
i
n
de
b
t
.
Co
u
n
c
i
l
a
c
t
i
o
n
Capital
4.
T
r
a
n
s
p
o
r
t
a
t
i
o
n
B
e
n
e
f
i
t
D
i
s
t
r
i
c
t
In
i
t
i
a
l
l
y
$
2
0
/
v
e
h
i
c
l
e
~
$
1
.
4
m
i
l
l
i
o
n
/
y
e
a
r
.
Co
u
n
c
i
l
a
c
t
i
o
n
@
$
2
0
.
D
i
s
t
r
i
c
t
c
o
u
l
d
b
e
fo
r
m
e
d
a
s
a
s
e
p
a
r
a
t
e
m
u
n
i
c
i
p
a
l
c
o
r
p
o
r
a
t
i
o
n
or
p
o
w
e
r
s
c
o
u
l
d
b
e
a
s
s
u
m
e
d
b
y
C
o
u
n
c
i
l
.
Vo
t
e
r
s
c
a
n
a
p
p
r
o
v
e
h
i
g
h
e
r
a
m
o
u
n
t
.
Operating and/or Capital (transportation purposes only)
5.
M
e
t
r
o
p
o
l
i
t
a
n
P
a
r
k
D
i
s
t
r
i
c
t
Pr
o
p
e
r
t
y
T
a
x
b
a
s
e
d
s
p
e
c
i
a
l
s
e
r
v
i
c
e
d
i
s
t
r
i
c
t
(e
a
c
h
1
0
¢
~
$
1
.
5
M
/
y
r
.
)
.
O
n
c
e
i
n
p
l
a
c
e
,
re
v
e
n
u
e
g
r
o
w
t
h
l
i
m
i
t
e
d
t
o
1
%
p
e
r
y
e
a
r
a
n
d
su
s
c
e
p
t
i
b
l
e
t
o
c
o
m
p
r
e
s
s
i
o
n
.
Si
m
p
l
e
m
a
j
o
r
i
t
y
v
o
t
e
r
a
p
p
r
o
v
a
l
.
P
a
r
k
d
i
s
t
r
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c
t
wo
u
l
d
b
e
a
s
e
p
a
r
a
t
e
m
u
n
i
c
i
p
a
l
c
o
r
p
o
r
a
t
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o
n
wi
t
h
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t
s
o
w
n
t
a
x
i
n
g
a
n
d
d
e
b
t
a
u
t
h
o
r
i
t
y
.
Operating and/or Capital (parks/ recreation purposes only)
6.
B
&
O
T
a
x
Cu
r
r
e
n
t
r
e
v
e
n
u
e
o
f
a
p
p
r
o
x
i
m
a
t
e
l
y
$
6
.
8
M
pe
r
y
e
a
r
.
B
&
O
r
a
t
e
o
f
0
.
0
8
5
%
w
i
t
h
a
$
1
.
5
mi
l
l
i
o
n
r
e
p
o
r
t
i
n
g
t
h
r
e
s
h
o
l
d
a
n
d
$
5
B
g
r
o
s
s
re
c
e
i
p
t
m
a
x
i
m
u
m
.
Co
u
n
c
i
l
a
c
t
i
o
n
Operating and/or Capital
7.
U
t
i
l
i
t
y
T
a
x
:
A
b
o
v
e
C
u
r
r
e
n
t
R
a
t
e
1%
~
$
2
.
5
M
/
y
e
a
r
(
a
l
l
u
t
i
l
i
t
i
e
s
)
.
Co
u
n
c
i
l
c
a
n
r
a
i
s
e
t
a
x
o
n
c
i
t
y
o
p
e
r
a
t
e
d
ut
i
l
i
t
i
e
s
;
o
t
h
e
r
u
t
i
l
i
t
i
e
s
r
e
q
u
i
r
e
v
o
t
e
r
a
p
p
r
o
v
a
l
.
Operating
8.
U
s
e
r
F
e
e
s
Cu
r
r
e
n
t
l
y
e
x
i
s
t
i
n
g
f
e
e
s
a
r
e
r
e
v
i
e
w
e
d
a
n
d
up
d
a
t
e
b
i
e
n
n
i
a
l
l
y
.
Co
u
n
c
i
l
a
c
t
i
o
n
Operating
AGENDA ITEM #4. d)
Property Tax Analysis
Property Tax
Rate Estimated
Annual Amount
Estimated Bond
Proceeds1
Estimated
Annual Impact
on Median
Homeowner2
10 cents $1.5 million/year $20 million $34
20 cents $3.0 million/year $40 million $67
30 cents $4.5 million/year $60 million $101
37 cents $5.5 million/year3 $73 million $125
1These are approximations. Actual amounts may vary, depending on interest rates
and final calculations by an independent financial advisor.
2Median home price for 2017 per King County Assessor’s Office = $337,000.
3Same dollar amount as 2016 if tax levy is not reduced for RFA.
AGENDA ITEM #4. e)
UT
G
O
s
:
Ke
y
Fe
a
t
u
r
e
s
•
Un
l
i
m
i
t
e
d
,
vo
t
e
r
ap
p
r
o
v
e
d
–
Co
n
s
u
m
e
s
UT
G
O
de
b
t
ca
p
a
c
i
t
y
–
On
l
y
fo
r
ca
p
i
t
a
l
pu
r
p
o
s
e
s
–
60
%
vo
t
e
r
ap
p
r
o
v
a
l
–
Va
l
i
d
a
t
i
o
n
re
q
u
i
r
e
m
e
n
t
–
Pa
i
d
fr
o
m
ex
c
e
s
s
pr
o
p
e
r
t
y
ta
x
le
v
y
•
Ou
t
s
i
d
e
of
st
a
t
u
t
o
r
y
or
co
n
s
t
i
t
u
t
i
o
n
a
l
li
m
i
t
s
on
regular
pr
o
p
e
r
t
y
ta
x
e
s
–
Le
v
y
se
t
at
ra
t
e
re
q
u
i
r
e
d
to
pa
y
de
b
t
se
r
v
i
c
e
0AGENDA ITEM #4. f)
LT
G
O
s
:
Ke
y
Fe
a
t
u
r
e
s
•
Li
m
i
t
e
d
(c
o
u
n
c
i
l
m
a
n
i
c
)
no
n
‐vo
t
e
r
ap
p
r
o
v
e
d
–
Co
n
s
u
m
e
s
LT
G
O
de
b
t
ca
p
a
c
i
t
y
–
An
y
mu
n
i
c
i
p
a
l
pu
r
p
o
s
e
–
Pl
e
d
g
e
to
le
v
y
re
g
u
l
a
r
(n
o
n
v
o
t
e
d
)
ta
x
e
s
as
ne
c
e
s
s
a
r
y
to
pa
y
de
b
t
se
r
v
i
c
e
wi
t
h
i
n
le
g
a
l
li
m
i
t
s
:
•
St
a
t
u
t
o
r
y
ra
t
e
pe
r
th
o
u
s
a
n
d
(e
.
g
.
$3
.
6
0
/
$
1
,
0
0
0
AV
)
•
Ag
g
r
e
g
a
t
e
ra
t
e
li
m
i
t
($
5
.
9
0
/
$
1
,
0
0
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bump 2AGENDA ITEM #4. f)
Voted General Obligation Bonds: A Guide for Washington Cities
General Obligation Bonds. Washington cities may issue general obligation bonds under state
law, including:
• Councilmanic or limited tax general obligation bonds (“LTGO” bonds), issued within a
city’s nonvoted debt capacity. LTGO bonds are paid from regular property taxes and
other available city funds.
• Voter-approved unlimited tax general obligation bonds (“UTGO” bonds), issued within a
city’s voted debt capacity. UTGO bonds are paid from voter-approved “excess levies”,
outside the constitutional and statutory limitations that apply to regular property taxes.
Constitutional Authority. The ground rules for issuing UTGO bonds are set forth directly in
Article VII, section 2(b) of the Washington State Constitution, which provides that UTGO bonds
may be issued:
• “By any taxing district otherwise authorized by law to issue general obligation bonds for
capital purposes, for the sole purpose of making the required payments of principal and
interest on general obligation bonds issued solely for capital purposes, other than the
replacement of equipment...”
o This provision permits UTGO bonds to be issued only for capital purposes (not
including equipment replacement). Capitalizable costs may be funded, including
engineering, architectural and other soft costs, costs of issuance and, subject to
certain limitations, capitalized interest.
• “when authorized so to do by majority of at least three-fifths of the voters of the taxing
district voting on the proposition to issue such bonds and to pay the principal and
interest thereon by annual tax levies in excess of the limitation herein provided during
the term of such bonds...”
o This provision requires 60% voter approval and authorizes “excess” property tax
levies to pay the bonds.
• “submitted not oftener than twice in any calendar year, at an election held in the
manner provided by law for bond elections in such taxing district”.
o This provision limits the frequency of ballot submittals to twice a year and defers to
general election laws for ballot and election requirements.
o State and local election law and regulations govern the specific steps involved in
placing a ballot measure before the voters, and in communicating with voters.
Additional provisions require “validation” of the vote (the total number of voters in the election
must be at least 40% of the total voters in the prior general election) and permit UTGOs to be
refinanced without returning to the voters for approval.
Election Timeline. Cities may seek voter approval to issue UTGO bonds at any of the four
election dates a year. For 2017, the election dates are as follows:
• special elections on February 14 and April 25;
• a primary election on August 1; and
• the general election on November 7.
AGENDA ITEM #4. g)
Voted General Obligation Bonds: A Guide for Washington Cities
A city must meet several deadlines well in advance of the election, to place a bond measure on
the ballot.
Election Resolution. The city council must pass an election resolution. The election resolution:
• Proposes the form of the ballot measure requesting voter approval for the issuance of
UTGO bonds and excess levies to pay debt service on the bonds. Under RCW
29A.36.071, the ballot language consists of:
o An identification of the enacting legislative body (the city council);
o A statement of the subject matter;
o A concise description of the measure (no more than 75 words long, prepared or
approved by the city attorney); and
o A question (essentially, whether or not the proposition should be approved).
• Describes the capital project to be funded and outlines the circumstances, if any, under
which the project may be changed. The city may reserve flexibility to reduce or expand
the project scope, substitute project components or otherwise respond to changed
circumstances over time;
• Sets certain parameters for the bonds, including the maximum principal amount and
term; and
• Authorizes a request to the county auditor to submit the ballot proposition to the voters
at a special election to be held on one of the statutory special, primary or general
election dates.
The approved election resolution must be filed with the county auditor.
For the 2017 election dates, the first special election filing deadline is December 16, 2016 and
the second is February 24, 2017. The primary election filing deadline is May 12, 2017. The
general election filing deadline is August 1, 2017.
Voters Pamphlet. Under RCW 29A.32.241, a local voters' pamphlet includes, among other
things:
• The text of each measure;
• An explanatory statement stating the effect of a ballot measure, if passed into law (in
King County, the explanatory statement may not be more than 250 words) prepared
and reviewed by the city attorney; and
• Arguments for and against the measure
o Submitted by pro/con committees;
o Selected pursuant to RCW 29A.32.280 (appointed by the city council not later than
45 days before the publication of the pamphlet).
It is important to review the county administrative rules regarding elections to understand the
timeframe and other requirements of the voters’ pamphlet.
Public Disclosure Commission Rules. As always, the city must abide by Public Disclosure
Commission statutes and regulations, in connection with communications or use of resources
regarding the ballot measure.
AGENDA ITEM #4. g)
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, and 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
Encourage volunteerism,
participation and civic
engagement
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
2017–2022 2018–2023 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.
DR
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AGENDA ITEM #5. a)
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Citp Attorney
2017 CITY COUNCIL PLANNING WORKSHOP/RETREAT
COUNCIL CONDUCT 101
Larry Warren, City Attorney
MAYOR-COUNCIL AUTHORITY
Renton is a non-charter code city under Title 35A RCW. In particular, the Mayor-Council
relationship is dealt with by Chapter 35A.12 RCW.A good summary of the Mayor's duties and
authority is set out in RCW 35A.12.1001 and is attached for reference.
Unfortunately, there is no similar definitive statute on the Council, authority and duties, but
instead the authority and duties are spread throughout Chapter 35A.12. A better general guide
is contained in the Municipal Research Services Center (MRSC) publication Mayor and Council
Handbook2.The cover pages and part of Chapter 6—The Job of a Councilmember are attached
for reference.
In general, the Council sets policies and the Mayor executes policies and supervises the staff to
see that the business of the City is done and Council policies are executed.
LEVERAGING POSITION FOR FAVORS/REQUESTS
City officials are bound by a fairly strong set of ethical and legal constraints against use of the
officials' office for personal gain. City officials bound by the ethical rules include not just
Councilmembers, but also most City employees.
Chapter 42.23.040 RCW3 is the Code of Ethics for Municipal Officers—Contract Interests.
A good summary of this statute and other general ethical issues is contained in Chapter 12 of
the previously cited MRSC publication (see attached). Note the question to be asked in the
right-hand corner.To those questions, I would add, "How will it look to the general public?".
Also attached is RCW 42.23.040 detailing when an interest in a contract by a municipal officer is
so remote that it isn't a conflict of interest. For example, if you work for Boeing, with your
compensation is fixed salary or wages and you own less than 1%of the stock of Boeing, you do
not have a disqualifying conflict. RCW 42.23.040(2) and (4).
Also attached is RCW 42.23.0704. It is included to contrast it with the state ethics code.The
state code allows for de minimis gifts.The old examples of de minimis gifts used to be flowers
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or tickets to sporting events. I doubt if tickets to sporting events are truly di minimis if the
tickets are to professional sporting events.
In contract,the statute of ethics for municipal officials bar a�gifts, rewards or gratuity. The
auditor's office has opined that because the two statutes are different they must mean
different things and the bar on any_gift, etc. means just that.
OPEN MEETINGS, LAWS, EMERGING ISSUES AND COUNCII COMMITI'EE MINUTES
This state has a very broad Open Public Meetings Act (OPMA), Chapter 42.30 RCWS, which
basically requires that the public's business be conducted in public. The Act is to be liberally
construed and its exceptions be limited. Several pages of Chapter 6 of Knowing the Territory6,
an MRSC publication, are attached as background.
Renton has zealously sought to comply with OPMA, while at the same time using its committee
system to do a lot of work.The committee meetings are properly treated as open public
meetings, and I have not seen or heard of a complaint from any citizen or regulatory agency
that there have been violations of OPMA.
Taking all of that in context, I have several minor suggestions to improve the process. I cannot
quote you black letter law that the suggestions are required, but believe they are meritorious
given the intent of OPMA. My suggestions are as follows:
1. Make sure committee topics have been referred and announced before they are
discussed in committee.
2. Expand the committee agenda topic of"emerging issues"to disclose what issues are
being discussed.
3. If the committee is going to take comment or testimony from the public or outside
agencies, then minutes should be taken.
Each of these suggestions is briefly discussed below:
1. Make sure committee topics have been referred and announced before they are
discussed in committee.
I recently attended a council meeting. As is customary, I reviewed the council agenda,
but also had been on the approval queue for adding items to the agenda. I was aware
that a topic was being referred to a committee that night from the consent agenda, but
the item was removed from the agenda with a statement that there had been a
committee meeting on the topic. A committee report on the topic was later read. There
must have been a timing issue that led to this shortened process.
COUNCIL CONDUCT 101 � PAGE 2 OF 4 �
The issue is that there was no public announcement of the topic being discussed in the
meeting, so there was no possibility of the public attending the meeting. A meeting
can't really be open if no one knows about it.
2. Expand the committee agenda topic of"emerging issues"to disclose what issues are
being discussed.
Again, the issue is notice to the public. While there is no statutory requirement that
Council give a more definitive topic, the public has little ability to know if it is interested
in the meeting.
There is some general law that the preliminary agenda for a council meeting fairly
apprise the citizens of action that will be taken at the meeting. By extension, I think this
rule applies to council committee meetings, and a more specific agenda topic will meet
the intent of OPMA.
The topic could be slightly expanded to provide better public notice. A good example
would be one used by the Finance Committee when it announces "Emerging Issues in
Revenue Streams".That would alert the public about what was being discussed.
3. If the committee is going to take testimony or comment from the public or an outside
agency,then minutes should be taken.
Generally, minutes are taken of"action" decisions by the City Council, but under OPMA,
action is defined very broadly and can include such things as receipt of public testimony,
deliberations and considerations. RCW 42.30.020(3)'. While arguably all committee
meetings should have minutes taken, the "action" item is usually a committee report
and recommendation to the full council. If testimony is taken that leads to the
committee report, then documentation needs to be kept, which is probably best done
by minutes.
COUNCIL CONDUCT 101 � PAGE 3 OF 4 �
,
REFERENCES
1. RCW 35A.12.100, Duties and Authority of the Mayor—Veto—Tie Breaking Vote:
http://app.le�.wa.�ov/RCW/default.aspx?cite=35A.12.100
2. Mayor and Councilmember Handbook, Municipal Research and Services Center (MRSC):
http://mrsc.org/getmedia/034f13b6-7ec2-4594-b60b-efaf61dd7d 101Mavor-And-
Councilmember-Handbook.pdf.aspx?ext=.pdf
3. RCW 42.23.040, Remote Interests: http://app.le�.wa.�ov/RCW/default.aspx?cite=42.23.040
4. RCW 42.23.070, Prohibited Acts: httq://app.le�.wa.�ov/RCWldefault.aspx?cite=42.23.070
5. Chapter 42.30 RCW, Open Public Meetings Act:
http://app.leg.wa.�ov/RCW/default.aspx?cite=42.30
6. Knowing the Territory, Municipal Research and Services Center(MRSC):
http://mrsc.or�/getmedia/1e641718-94a0-408b-b9d9-42b2e1d8180d/kttl3.pdf.aspx
7. RCW 42.30.020, Definitions: http://app.le�.wa.�ov/RCW/default.aspx?cite=42.30.020
�
COUNCIL CONDUCT 101 � PAGE 4 OF 4
4
1/31/2017 RCW 35A.12.100:Duties and authority of the mayor—Vet�Tie-breaking vote.
RCW 35A.12.100
Duties and authority of the mayor—Veto—Tie-breaking vote.
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 or she shall see that all laws and ordinances are faithfully enforced and that law
and order is maintained in the city, and shall have generaf supervision of the administration of city
government and all city interests. All official bonds and bonds of contractors with the city shall be submitted
to the mayor or such person as he or she may designate for approval or disapproval. He or she 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 or she 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. 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 councilmembers with respect to matters other than the passage of any ardinance, grant, or
revocation of franchise or license, or any resolution for the payment of money. He or she 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 or she shall prepare and submit to the council a
proposed budget, as required by chapter 35A.33 RCW. The mayor shall have the power to veto
ordinances passed by the council and submitted to him or her 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. 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.
[ 2009 c 549§ 3010; 1979 ex.s. c 18§ 22; 1967 ex.s. c 119§ 35A,12.100.]
NOTES:
Severability-1979 ex.s. c 18: See note following RCW 35A.01.070.
http://app.leg.wa.gov/RC W/default.aspx?cite=35A.12.100 1/1
.
Mayor �t Councilmember
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CI I iES
MRSC � �� ���
2601 Fourth Avenue, Suite 800
Seattte, WA 98121-1280
206-625-1300
www.mrsc.org
MRSC Report No. 44
Revised October 2015
Cha ter 6
The job of a councitmember
The principal job of a city or town council is to make policy. A poticy is a
course of action for a community. Policy-making 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. Councits rely on ideas
from many sources, inctuding the council staff, citizens' 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 it. 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-councit cities, or the city manager- in council-mana�er cities, that
actually sees that the policies are implemented. This means that it is not
the rote 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 citizen 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, keeping 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
in arranging for the provision of legal services through a contractual
arrangement. Regardless of how the position is established, remember that
though 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 of the city officials. Sometimes councilmembers feel that the
city attorney is the mayor's or manager's attorney, particutarly if the city
attorney generally supports the mayor's or manager's position in situations
where the answer is undear.
The job of a councitmember 21
.
Neither the mayor nor the city manager can prohibit the council from having
Question �t answers access to the city attorney for advice. For financial reasons, the mayor or
manager may feel that questions to the city attorney should be channeled
Q. What is the role of the city through the executive's office, to avoid possible duplication and to make
council regarding employee
discipline, and what input can sure that the questions are presented clearly. Ultimately, it is up to the
the council have concerning �ouncil to establish procedures on how city attorney services are provided.
performance appraisals of Some smaller cities try to minimize their fees for legal services by not
employees? having the city attorney regularly attend council meetings. That can be
A. Though the council may thrifty, but shortsighted, particularly when the council is dealing with
be concerned about employee �ontroversial matters such as land development, or complex procedural
discipline and how certain �ssues such as LIDs.
emptoyees are performing their
duties, the council should not Personnel management
be invotved in any individual The statutes generally give the mayor or city manager, as chief executive,
situations. While the council the broad authority to hire and fire employees.
can estabtish personnel policies The city council, however, determines the number of employees that can
and voice their concerns to the be hired and those emptoyees' duties. The councit establishes salaries
mayor, it is solely the mayor's and other forms of compensation paid city workers. The council may also
job to discipline and supervise establish job qualifications.
city employees, including
conducting performance One piece of advice is to have good, consistent personnel policies. Up-to-
evaluations. date, clearly written policies help avoid lawsuits, promote consistency, and
contribute to employee morale.
Q. Is the mayor or city manager
required to inform council Labor relations
members prior to terminating
or disciplining a city employee? Unions have a significant presence in Washington cities. Most city employees
have the right to organize under state law and have joined state-wide
A. No. However, when a unions or formed local associations. The city must negotiate tabor contracts
particular termination or with these unions over wages, hours and working conditions.
discipline is likely to be
controversial, the mayor may �n particular, most police and fire departments are unionized. Except for
want to notify the council very small cities, police and fire unions have access to interest arbitration
and explain the decision in an When an impasse in bargaining occurs. This can create a unique dynamic in
executive session. Disciplinary Police and fire negotiations, given the potential for an outside arbitrator to
and termination decisions make decisions regarding wages, benefits and contract language.
shoutd be reviewed with the
city attorney prior to action Open government laws
being taken. The mayor and Compliance with public disdosure and open meetings builds citizen trust.
councilmembers should be The Open Government Training Act requires elected officials to be trained
careful to not discuss specific on public disclosure, the Open Public Meetings Act, and records retention
cases outside of an executive within 90 days of taking office and every four years thereafter.
session.
22
Cha ter 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 if you're not sure what
the next person on the street. to do ask•
, •
The following tist includes some of the more common problems that get • Is it legal?
newspaper coverage.At the very teast, most will result in pubtic criticism. • Is it ethical?
They can also be terminal to your career. • Is it the right thing to do?
• 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 travet 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
politicat 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
himsetf, 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).
Ethical issues 53
1/31/2017 RCW 42.23.040:Remote interests.
RCW 42.23.040
Remote interests.
A municipal officer is not interested in a contract, within the meaning of RCW 42.23.030, if the officer
has only a remote interest in the contract and the extent of the interest is disclosed to the governing body
of the municipality of which the officer is an o�cer and noted in the official minutes or similar records of the
municipality prior to the formation of the contract, and thereafter the governing body authorizes, approves,
or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting
the vote or votes of the officer having the remote interest. As used in this section "remote interest" means:
(1) That of a nonsalaried o�cer of a nonprofit corporation;
(2) That of an employee or agent of a contracting party where the compensation of such employee or
agent consists entirely of fixed wages or salary;
(3) That of a landlord or tenant of a contracting party;
(4) That of a holder of less than one percent of the shares of a corporation or cooperative which is a
contracting party.
None of the provisions of this section are applicable to any officer interested in a contract, even if the
officer's interest is only remote, if the officer influences or attempts to influence any other officer of the
municipality of which he or she is an officer to enter into the contract.
[ 1999 c 261 § 3; 1961 c 268 § 5.]
NOTES:
Findings—Intent-1999 c 261: See note following RCW 42.23.030.
http://app.leg.wa.gov/RC W/default.aspx?cite=4223.040 1/1
1/31/2017 RCW 42.23.070:Prohibited acts.
RCW 42.23.070
Prohibited acts.
(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 or agree to receive any
compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter
connected with or related to the officer's services as such an officer unless otherwise provided for by law.
(3) No municipal officer may accept employment or engage in business or professional activity that the
officer might reasonably expect would require or induce him or her by reason of his or her official position
to disclose confidential information acquired by reason of his or her official position.
(4) No municipal officer may disclose confidential information gained by reason of the officer's position,
nor may the officer otherwise use such information for his or her personal gain or benefit.
[ 1994c154§ 121.]
NOTES:
Effective date-1994 c 154: See RCW 42.52.904.
http://app.leg.wa.gov/RCW/default.aspx?cite=42.23.070 1/1
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 cha�ter 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,cha�ter 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.
t6See also AGO 1971 No.33,in which the state attorney general answered numerous questions posed by legislators immediately
after the Act was passed.
26 Open Public Meetings Act � Knowing the Territory
2. Meetings must be open and public;all persons or takes testimony or public comment:'
must be allowed to attend unless otherwise RCW 42.30.020.19
provided by law.RCW 42.30.030.
c. Certain policy groups representing partici-
3. Ordinances,resolutions,rules,regulations, pants who have contracted for the output of
orders,and directives must be adopted at an operating agency's(WPPSS') generating
public meetings;otherwise they are invalid. plant.RCW 42.30.020(1) (d).
RCW 42.30.060.17
The Act does not apply to:
4. A vote by secret ballot at any meeting that is
required to be open is also declared null and 1. Courts or the state legislature.
void.RCW 42.30.060(2). RCW 42.30.020(1)(a).
The act must be liberally construed to accomplish 2• Proceedings expressly excluded by
its purpose.RCW 42.30.910. RCW 42.30.140,namely:
a. Certain licensing and disciplinary proceed-
ings.
Applications
b. Certain quasi-judicial proceedings that
The Act applies to all meetings of,among others: affect only individual rights;e.g.,a civil ser-
1. All multi-member governing bodies of state vice hearing affecting only the rights of an
and local agencies,and their subagencies. individual employee,and not the general
RCW 42.30.020. public.
c. Collective bargaining sessions with em-
, ployee organizations,including contract
negotiations,grievance meetings,and
The days of backroom discussions relating to the interpretation or
decisions made in smoke- application of a labor agreement;also,that
portion of a meeting held during labor or
filled rooms are over. professional negotiations,or grievance or
. mediation proceedings,to formulate strat-
egy or to consider proposals submitted.
a. "Subagency"means a board,commission, d. Generally,matters governed by the State
or similar entity created by or pursu- Administrative Procedure Act(chapter
ant to state or local legislation,includ- 34.05 RCW).
ing planning commissions and others.
RCW 42.30.020(1)(c).'S 3. Social gatherings,if no"action" (as defined in
RCW 42.30.020(3))is taken.RCW 42.30.070.
b. "Governing body"includes a commit- Note,however,the ensuing explanation of the
tee of a council or other governing body term"action."
"when the committee acts on behalf of
the governing body,conducts hearings,
Key Definitions
"Slaughter v Fire District No.20,50 Wn.App.733,738,750 ��Meeting"means meetings at which"action"is
P2d 656(1988),rev.denied, 113 Wn.2d 1014(1989).The court
of appeals,in a later case,also held invalid a labor agreement that taken.RCW 42.30.020(4).
had been negotiated at meetings that violated the Act.Mason
County v PERC,54 Wn.App.36,40-41,771 P.2d 1185(1989). "Action"means all transacting of a governing
�n apparent reaction to that case,however,section 1,chapter 98, body's business,including receipt of public testi-
Laws of 1990(RCW 42.30.140(4))broadened the AcYs exemp-
tions to include all collective bargaining sessions and related meet- mOriy,deliberations,CilsCusslOns,considerations,
ings and discussions with employee organizations.
'BThe term "subagency"does not include a purely advisory t9A committee"acts on behalf of the governing body"only
body unless it is legally required that its recommendations be when it exercises delegated authority,such as fact finding.AGO
considered by the parent body.AGO 1971 No.33. 1986 No. 16.
Knowing the Territory � Open Public Meetings Act 27
A
reviews, and evaluations,as well as"final"action. b. Must be delivered personally,by mail,by
RCW 42.30.010;42.30.020(3). fax,or by e-mai124 hours in advance.
c. Must be posted on agency's website,if any,
Two Ki n d s of M eeti n g s so long as agency has at least ten full time
Zo employees and has a designated employee
Regular Meetings or contractor responsible for updating the
1. Definition:A recurring meeting held accord- Website.
ing to a schedule fixed by statute,ordinance,or d. May be waived by a member.
other appropriate rule.
e. Is not necessary in specified emergencies.
2. If the designated time falls on a holiday,the See also RCW 42.30.070.
regular meeting is held on the next business
day.
3. There is no statutory limitation as to the kind of Meeti ng Place
business that may be transacted at a"regular" 1. As far as the Open Public Meetings Act is
(as distinguished from"special")meeting. concerned,a meeting may be held at any
The Open Public Meetings Act itself does not place within or outside the territorial jurisdic-
require any special notice of a regular meeting. tion of the body unless otherwise provided in
However,later statutory enactments require mu- the law under which the agency was formed.
nicipal governing bodies to establish a procedure RCW 42.30.070.24 However,the meeting place
for notifying the public of all meeting agendas. should not be selected so as to effectively ex-
RCW 35.27.300;35.23.221;35.22.288;35A.12.160.21 clude members of the public.RCW 42.30.030.
2. The place of a special meeting must be desig-
Special Meetings2z nated in the notice.RCW 42.30.080.
3. In certain emergencies requiring expedited
1. Definition:Any meeting other than"regular." action, the meeting or meetings may be held
2. May be called by the presiding officer or a ma- in such place as is designated by the presiding
jority of the members. officer and notice requirements are suspended.
RCW 42.30.070 and 42.30.080.
3. Must be announced by written notice to all
members of the governing body;also to mem- 4. An unintended meeting may occur by tele-
bers of the news media who have filed written phone or e-mail if a quorum of the body
requests for such notice.The notice of a special discusses a topic of business through an active
meeting:
a. Must specify the time and place of the
meeting and the business to be transacted.z3
20RCW 42.30.060-.075. Z"Note 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
21Failure to provide public notice of the preliminary agenda ordinances must take place within the corporate limits of the city.
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 A board of county commissioners or county council must hold
of Edmonds�Fur Breeders,63 Wn.App. 159, 166-67,816 P.2d its regular meetings at the county seat. RCW 36.32.080.Also,
1268(1991).The notice given must fairly apprise the public of the based upon 2015 legislation(chapter 179,Laws of 2015)regular
action to be taken at the meeting. meetings may be held elsewhere in the county,no more than
once a quarter, if doing so will increase citizen engagement in gov-
zz ernment. However,it may hold special meetings at some other
RCW 42.30.080. 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
Z30ther business may be discussed but final action may which the special meeting is to be held." RCW 36.32.090.
be taken only on matters specified in the notice of the special
meeting.
28 Open Public Meetings Act � Knowing the Territory
2/2/2017 RCW 42.30.020:Definitions.
RCW 42.30.020
Definitions.
As used in this chapter unless the context indicates otherwise:
(1) "Public agency" means:
(a) Any state board, commission, committee, department, educational institution, or other state agency
which is created by or pursuant to statute, other than courts and the legislature;
(b) Any county, city, school district, special purpose district, or other municipal corporation or political
subdivision of the state of Washington;
(c) Any subagency of a public agency which is created by or pursuant to statute, ordinance, or other
legislative act, including but not limited to planning commissions, library or park boards, commissions, and
agencies;
(d) Any policy group whose membership includes representatives of publicly owned utilities formed by
or pursuant to the laws of this state when meeting together as or on behalf of participants who have
contracted for the output of generating plants being planned or built by an operating agency.
(2) "Governing body" means the multimember board, commission, committee, council, or other policy
or rule-making body of a public agency, or any committee thereof when the committee acts on behalf of the
governing body, conducts hearings, or takes testimony or public comment.
(3) "Action" 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.
(4) "Meeting" means meetings at which action is taken.
[ 1985 c 366§ 1; 1983 c 155 § 1; 1982 1 st ex.s. c 43§ 10; 1971 ex.s. c 250 § 2.]
NOTES:
Severability—Savings-1982 1st ex.s. c 43: See notes following RCW 43.52.374.
http://app.leg.wa.gov/RCW/default.aspx?cite=42.30.020 �/�
HOW TO ACCOMPLISH WHAT YOU WANT TO DO IN MEETINGS
MAIN MOTION
You want to propose a new idea or action for the group.
• After recognition, make a main motion.
• Member: "Madame Chairman, I move that "
AMENDING A MOTION
You want to change some of the wording that is being discussed.
• After recognition, "Madame Chairman, 1 move that the motion be amended by
adding the following words "
• After recognition, "Madame Chairman, I move that the motion be amended by
striking out the following words "
• After recognition, "Madame Chairman, I move that the motion be amended by
striking out the following words, , and adding in their place the following
words "
REFER TO A COMMITTEE
You feel that an idea or proposal being discussed needs more study and investigation.
• After recognition, "Madame Chairman, I move that the question be referred to a
committee made up of inembers Smith, Jones and Brown."
POSTPONE DEFINITELY
You want the membership to have more time to consider the question under discussion
and you want to postpone it to a definite time or day, and have it come up for further
consideration.
• After recognition, "Madame Chairman, 1 move to postpone the question until
n
PREVIOUS QUESTION
You think discussion has gone on for too long and you want to stop discussion and vote.
• After recognition, "Madam President, I move the previous question."
LIMIT DEBATE
You think discussion is getting long, but you want to give a reasonable length of time for
consideration of the question.
• After recognition, "Madam President, I move to limit discussion to finro minutes per
speaker."
Page 3 of S
POSTPONE INDEFINITELY
You want to kill a motion that is being discussed.
• After recognition, "Madam Moderator, I move to postpone the question indefinitely."
POSTPONE INDEFINITELY
You are against a motion just proposed and want to learn who is for and who is against the
motion.
• After recognition, "Madame President, I move to postpone the motion indefinitely."
RECESS
You want to take a break for a while.
• After recognition, "Madame Moderator, I move to recess for ten minutes."
ADJOURNMENT
You want the meeting to end.
• After recognition, "Madame Chairman, I move to adjourn."
PERMISSION TO WITHDRAW A MOTION
You have made a motion and after discussion, are sorry you made it.
• After recognition, "Madam President, I ask permission to withdraw my motion."
CALL FOR ORDERS OF THE DAY
At the beginning of the meeting, the agenda was adopted. The chairman is not following
the order of the approved agenda.
• Without recognition, "Call for orders of the day."
SUSPENDING THE RULES
The agenda has been approved and as the meeting progressed, it became obvious that an
item you are interested in will not come up before adjournment.
• After recognition, "Madam Chairman, I move to suspend the rules and move item 5
to position 2."
POINT OF PERSONAL PRNILEGE
The noise outside the meeting has become so great that you are having trouble hearing.
• Without recognition, "Point of personal privilege."
• Chairman: "State your point."
• Member: "There is too much noise, I can't hear."
Page 4 of 5
PROCEDURE FOR HANDLING A MAIN MOTION
NOTE: Nothing goes to discussion without a motion being on the floor.
Obtaining and assigning the floor
A member raises hand when no one else has the floor
• The chair recognizes the member by name
How the Motion is Brought Before the Assembly
• The member makes the motion: I move that(or'�o") ... and resumes his seat.
• Another member seconds the motion: I second the motion or l second it or second.
• The chair states the motion: It is moved and seconded that... Are you ready for the
question?
Consideration of the Motion
1. Members can debate the motion.
2. Before speaking in debate, members obtain the floor.
3. The maker of the motion has first right to the floor if he claims it properly
4. Debate must be confined to the merits of the motion.
5. Debate can be closed only by order of the assembly (2/3 vote) or by the chair if no
one seeks the floor for further debate.
The chair puts the motion to a vote
1. The chair asks: Are you ready for the question? If no one rises to claim the floor, the
chair proceeds to take the vote.
2. The chair says: The question is on fhe adoption of the motion that... As many as
are in favor, say 'Aye: (Pause for response.) Those opposed, say'Nay'. (Pause for
response.) Those abstained please say `Aye:
The chair announces the result of the vote.
1. The ayes have it, the motion carries, and... (indicating the effect of the vote) or
2. The nays have it and the motion fails
WHEN DEBATING YOUR MOTIONS
1. Listen to the other side
2. Focus on issues, not personalities
3. Avoid questioning motives
4. Be olite
Page 2 of 5
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COMMITTEE OF THE WHOLE
You are going to propose a question that is likely to be controversial and you feel that
some of the members will try to kill it by various maneuvers. Also you want to keep out
visitors and the press.
• After recognition, "Madame Chairman, I move that we go into a committee of the
whole."
POINT OF ORDER
It is obvious that the meeting is not following proper rules.
• Without recognition, "I rise to a point of order," or "Point of order."
POINT OF INFORMATION
You are wondering about some of the facts under discussion, such as the balance in the
treasury when expenditures are being discussed.
• Without recognition, "Point of information."
POINT OF PARLIAMENTARY INQUIRY
You are confused about some of the parliamentary rules.
• Without recognition, "Point of parliamentary inquiry."
APPEAL FROM THE DECISION OF THE CHAIR
Without recognition, "I appeal from the decision of the chair."
Rule Classification and Requirements
Class of Rule Re uirements to Ado t Re uirements to Sus end
Charter Adopted by majority vote or Cannot be suspended
as proved by law or
ovemin authori
B laws Ado ted b membershi Cannot be sus ended
Special Rules of Order Previous notice 8� 2/3 vote, 2/3 Vote
or a majority of entire
membershi
Standing Rules Majority vote Can be suspended for
session by majority vote
durin a meetin
Modified Roberts Rules of Adopted in bylaws 2/3 vote
Order
Page 5 of 5
�
- --�--''Renton Q►
Cit}�Attc�rney�
2017 CITY COUNCIL PLANNING WORKSHOP/RETREAT
COUNCIL CONDUCT 101
Larry Warren, City Attorney
MAYOR-COUNCIL AUTHORITY
Renton is a non-charter code city under Title 35A RCW. In particular, the Mayor-Council
relationship is dealt with by Chapter 35A.12 RCW.A good summary of the Mayor's duties and
authority is set out in RCW 35A.12.1001 and is attached for reference.
Unfortunately,there is no similar definitive statute on the Council, authority and duties, but
instead the authority and duties are spread throughout Chapter 35A.12. A better general guide
is contained in the Municipal Research Services Center (MRSC) publication Mayor and Council
Handbookz. The cover pages and part of Chapter 6—The Job of a Councilmember are attached
for reference.
In general, the Council sets policies and the Mayor executes policies and supervises the staff to
see that the business of the City is done and Council policies are executed.
LEVERAGING POSITION FOR FAVORS/REQUESTS
City officials are bound by a fairly strong set of ethical and legal constraints against use of the
officials' office for personal gain. City officials bound by the ethical rules include not just
Councilmembers, but also most City employees.
Chapter 42.23.040 RCW3 is the Code of Ethics for Municipal Officers—Contract Interests.
A good summary of this statute and other general ethical issues is contained in Chapter 12 of
the previously cited MRSC publication (see attached). Note the question to be asked in the
right-hand corner.To those questions, I would add, "How will it look to the general public?".
Also attached is RCW 42.23.040 detailing when an interest in a contract by a municipal officer is
so remote that it isn't a conflict of interest. For example, if you work for Boeing, with your
compensation is fixed salary or wages and you own less than 1%of the stock of Boeing, you do
not have a disqualifying conflict. RCW 42.23.040(2) and (4).
Also attached is RCW 42.23.0704. It is included to contrast it with the state ethics code.The
state code allows for de minimis gifts. The old examples of de minimis gifts used to be flowers
t
or tickets to sporting events. I doubt if tickets to sporting events are truly di minimis if the
tickets are to professional sporting events.
In contract, the statute of ethics for municipal officials bar a�gifts, rewards or gratuity.The
auditor's office has opined that because the two statutes are different they must mean
different things and the bar on a�gift, etc. means just that.
OPEN MEETINGS, LAWS, EMERGING ISSUES AND COUNCIL COMMITTEE MINUTES
This state has a very broad Open Public Meetings Act (OPMA), Chapter 42.30 RCWS, which
basically requires that the public's business be conducted in public. The Act is to be liberally
construed and its exceptions be limited. Several pages of Chapter 6 of Knowing the Territory6,
an MRSC publication, are attached as background.
Renton has zealously sought to comply with OPMA, while at the same time using its committee
system to do a lot of work.The committee meetings are properly treated as open public
meetings, and I have not seen or heard of a complaint from any citizen or regulatory agency
that there have been violations of OPMA.
Taking all of that in context, I have several minor suggestions to improve the process. I cannot
quote you black letter law that the suggestions are required, but believe they are meritorious
given the intent of OPMA. My suggestions are as follows:
1. Make sure committee topics have been referred and announced before they are
discussed in committee.
2. Expand the committee agenda topic of"emerging issues" to disclose what issues are
being discussed.
3. If the committee is going to take comment or testimony from the public or outside
agencies, then minutes should be taken.
Each of these suggestions is briefly discussed below:
1. Make sure committee topics have been referred and announced before they are
discussed in committee.
I recently attended a council meeting. As is customary, I reviewed the council agenda,
but also had been on the approval queue for adding items to the agenda. I was aware
that a topic was being referred to a committee that night from the consent agenda, but
the item was removed from the agenda with a statement that there had been a
committee meeting on the topic. A committee report on the topic was later read.There
must have been a timing issue that led to this shortened process.
COUNCIL CONDUCT 101 � PAGE 2 OF 4 �
.
The issue is that there was no public announcement of the topic being discussed in the
meeting, so there was no possibility of the public attending the meeting. A meeting
can't really be open if no one knows about it.
2. Expand the committee agenda topic of"emerging issues"to disclose what issues are
being discussed.
Again, the issue is notice to the public. While there is no statutory requirement that
Council give a more definitive topic, the public has little ability to know if it is interested
in the meeting.
There is some general law that the preliminary agenda for a council meeting fairly
apprise the citizens of action that will be taken at the meeting. By extension, I think this
rule applies to council committee meetings, and a more specific agenda topic will meet
the intent of OPMA.
The topic could be slightly expanded to provide better public notice. A good example
would be one used by the Finance Committee when it announces "Emerging Issues in
Revenue Streams".That would alert the public about what was being discussed.
3. If the committee is going to take testimony or comment from the public or an outside
agency,then minutes should be taken.
Generally, minutes are taken of"action" decisions by the City Council, but under OPMA,
action is defined very broadly and can include such things as receipt of public testimony,
deliberations and considerations. RCW 42.30.020(3)'. While arguably all committee
meetings should have minutes taken, the "action" item is usually a committee report
and recommendation to the full council. If testimony is taken that leads to the
committee report, then documentation needs to be kept, which is probably best done
by minutes.
�
COUNCIL CONDUCT 101 � PAGE 3 OF 4
REFERENCES
1. RCW 35A.12.100, Duties and Authority of the Mayor—Veto—Tie Breaking Vote:
http://app.le�.wa.�ov/RCW/default.aspx?cite=35A.12.100
2. Mayor and Councilmember Handbook, Municipal Research and Services Center (MRSC):
http://mrsc.or�/�etmedia/034f13b6-7ec2-4594-b60b-efaf61dd7d10JMavor-And-
Councilmember-Handbook.pdf.aspx?ext=.pdf
3. RCW 42.23.040, Remote Interests: http://app.leg.wa.�ov/RCW/default.aspx?cite=42.23.040
4. RCW 42.23.070, Prohibited Acts: http://apq.le�.wa.�ov/RCW/default.aspx?cite=42.23.070
5. Chapter 42.30 RCW, Open Public Meetings Act:
http://app.le�.wa.�ov1RCW/default.aspx?cite=42.30
6. Knowing the Territory, Municipal Research and Services Center(MRSC):
http://mrsc.org/�etmedial1e641718-94a0-408b-b9d9-42b2e1d8180d/ktt13 pdf aspx
7. RCW 42.30.020, Definitions: http://app.le�.wa.�ov/RCW/default.aspx?cite=42.30.020
COUNCIL CONDUCT 101 � PAGE 4 OF 4 �
i
1/31l2017 RCW 35A.12.100:Duties and authority of the mayor—Vet�Tie-breaking vote.
RCW 35A.12.100
Duties and authority of the mayor—Veto—Tie-breaking vote.
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 or she 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. All official bonds and bonds of contractors with the city shall be submitted
to the mayor or such person as he or she may designate for approval or disapproval. He or she 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 or she 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. 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 councilmembers 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 or she 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 or she shall prepare and submit to the council a
proposed budget, as required by chapter 35A.33 RCW. The mayor shall have the power to veto
ordinances passed by the council and submitted to him or her 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. 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.
[ 2009 c 549 § 3410; 1979 ex.s. c 18§ 22; 1967 ex.s. c 119 § 35A.12.100.]
NOTES:
Severability-1979 ex.s. c 18: See note following RCW 35A.01.070.
http://app.leg.wa.gov/RCW/default.aspx?cite=35A.12.100 1/1
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2601 Fourth Avenue, Suite 800 ���� (��
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www.m rsc.org
MRSC Report No. 44
Revised October 2015
Cha ter 6
The job of a councilmember
The principal job of a city or town council is to make policy. A policy is a
course of action for a community. Policy-making 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 imptementation may not
always be dear, necessitating open communication between legistators and
administrators.
Adopting policy
The councit does not make policy in a vacuum. Councils rely on ideas
from many sources, including the council staff, citizens' 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 it. 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, that
actualty sees that the policies are implemented. 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 citizen 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 resotution of
their problems, keeping 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
in arranging for the provision of legal services through a contractual
arrangement. Regardless of how the position is established, remember that
though 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 alt of the 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 unctear.
The job of a councilmember 21
Neither the mayor nor the city manager can prohibit the council from having
Question &t answers access to the city attorney for advice. For financial reasons, the mayor or
manager may feel that questions to the city attorney should be channeled
Q. What is the role of the city through the executive's office, to avoid possible duptication and to make
council regarding employee
discipline, and what input can sure that the questions are presented clearty. Ultimately, it is up to the
the council have concerning �ouncil to establish procedures on how city attorney services are provided.
performance appraisals of Some smaller cities try to minimize their fees for legal services by not
employees? having the city attorney regularly attend council meetings. That can be
A. Though the council may thrifty, but shortsighted, particularly when the council is deating with
be concerned about employee controversiat matters such as land development, or complex procedurat
discipline and how certain issues such as LIDs.
emptoyees are performing their
duties, the council should not Personnel management
be invotved in any individual The statutes generally give the mayor or city manager, as chief executive,
situations. While the council the broad authority to hire and fire employees.
can estabtish personnel policies The city council, however, determines the number of employees that can
and voice their concerns to the be hired and those employees' duties. The council establishes salaries
mayor, it is solely the mayor's and other forms of compensation paid city workers. The council may also
job to discipline and supervise establish job qualifications.
city employees, including
conducting performance One piece of advice is to have good, consistent personnel policies. Up-to-
evaluations. date, clearly written policies help avoid lawsuits, promote consistency, and
contribute to employee morale.
Q. Is the mayor or city manager
required to inform council Labor relations
members prior to terminating
or disciplining a city employee? Unions have a significant presence in Washington cities. Most city employees
have the right to organize under state law and have joined state-wide
A. No. However, when a unions or formed local associations. The city must negotiate labor contracts
particular termination or with these unions over wages, hours and working conditions.
disciptine is likely to be
controversial, the mayor may In particular, most police and fire departments are unionized. Except for
want to notify the council very small cities, police and fire unions have access to interest arbitration
and explain the decision in an When an impasse in bargaining occurs. This can create a unique dynamic in
executive session. Disciplinary Potice and fire negotiations, given the potential for an outside arbitrator to
and termination decisions make decisions regarding wages, benefits and contract language.
should be reviewed with the
city attorney prior to action Open government laws
being taken. The mayor and Compliance with public disdosure and open meetings builds citizen trust.
councilmembers should be The Open Government Training Act requires elected officials to be trained
careful to not discuss specific on public disclosure, the Open Public Meetings Act, and records retention
cases outside of an executive within 90 days of taking office and every four years thereafter.
session.
22
Cha ter 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 If you're not sure what
the next person on the street. to do ask:
,
The following list includes some of the more common problems that get • Is it legal?
newspaper coverage. At the very least, most will result in public criticism. • Is it ethicat?
They can also be terminal to your career. • Is it the right thing to do?
• 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 vehide for personal trips,
vacations or politicat campai�n 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 priviteged 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 officiats. RCW 42.23.070
prohibits a municipal official from:
• Using his or her position to secure special privileges or exemptions for
himsetf, hersetf, 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.
• Disdosing 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).
Ethical issues 53
1/31/2017 RCW 4223.040:Remote interests.
RCW 42.23.040
Remote interests.
A municipal officer is not interested in a contract, within the meaning of RCW 42.23.030, if the officer
has only a remote interest in the contract and the extent of the interest is disclosed to the governing body
of the municipality of which the officer is an officer and noted in the official minutes or similar records of the
municipality prior to the formation of the contract, and thereafter the governing body authorizes, approves,
or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting
the vote or votes of the officer having the remote interest. As used in this section "remote interest" means:
(1) That of a nonsalaried officer of a nonprofit corporation;
(2) That of an employee or agent of a contracting party where the compensation of such employee or
agent consists entirely of fixed wages or salary;
(3) That of a landlord or tenant of a contracting party;
(4) That of a holder of less than one percent of the shares of a corporation or cooperative which is a
contracting party.
None of the provisions of this section are applicable to any officer interested in a contract, even if the
officer's interest is only remote, if the officer influences or attempts to influence any other officer of the
municipality of which he or she is an officer to enter into the contract.
[ 1999 c 261 § 3; 1961 c 268 §5.]
NOTES:
Findings—Intent-1999 c 261: See note following RCW 42.23.030.
http://app.leg.wa.gov/RCW/default.aspx?cite=42.23.040 1/1
1/31/2017 RCW 42.23.070:Prohibited acts.
RCW 42.23.070
Prohibited acts.
(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 or agree to receive any
compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter
connected with or related to the officer's services as such an officer unless otherwise provided for by law.
(3) No municipal officer may accept employment or engage in business or professional activity that the
officer might reasonably expect would require or induce him or her by reason of his or her official position
to disclose confidential information acquired by reason of his or her official position.
(4) No municipal officer may disclose confidential information gained by reason of the officer's position,
nor may the officer otherwise use such information for his or her personal gain or benefit.
[ 1894c154§ 121.]
NOTES:
Effective date-1994 c 154: See RCW 42.52.904.
http://app.leg.wa.gov/RCW/default.aspx?cite=4223.070 1/1
C)pen 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 cha�ter 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 cha�ter 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,cha�ter 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.
26 Open Public Meetings Act � Knowing the Territory
2. Meetings must be open and public;all persons or takes testimony or public comment:'
must be allowed to attend unless otherwise RCW 42.30.020.19
provided by law.RCW 42.30.030.
c. Certain policy groups representing partici-
3. Ordinances,resolutions,rules,regulations, pants who have contracted for the output of
orders,and directives must be adopted at an operating agency's(WPPSS') generating
public meetings;otherwise they are invalid. plant.RCW 42.30.020(1) (d).
RCW 42.30.060."
The Act does not apply to:
4. A vote by secret ballot at any meeting that is
required to be open is also declared null and 1. Courts or the state legislature.
void.RCW 42.30.060(2). RCW 42.30.020(1)(a).
The act must be liberally construed to accomplish 2• Proceedings expressly excluded by
its purpose.RCW 42.30.910. RCW 42.30.140,namely:
a. Certain licensing and disciplinary proceed-
ings.
Applications
b. Certain quasi-judicial proceedings that
The Act applies to all meetings of,among others: affect only individual rights;e.g.,a civil ser-
1. All multi-member governing bodies of state vice hearing affecting only the rights of an
and local agencies,and their subagencies. individual employee,and not the general
RCW 42.30.020. public.
c. Collective bargaining sessions with em-
ployee organizations,including contract
The da s of backroom negotiations,grievance meetings,and
y discussions relating to the interpretation or
decisions made in smoke- application of a labor agreement;also,that
portion of a meeting held during labor or
filled rooms are over. professional negotiations,or grievance or
mediation proceedings,to formulate strat-
egy or to consider proposals submitted.
a. "Subagency"means a board,commission, d. Generally,matters governed by the State
or similar entity created by or pursu- Administrative Procedure Act(chapter
ant to state or local legislation,includ- 34.05 RCW).
ing planning commissions and others.
RCW 42.30.020(1)(c).18 3. Social gatherings,if no"action"(as defined in
RCW 42.30.020(3)) is taken.RCW 42.30.070.
b. "Governing body"includes a commit- Note,however,the ensuing explanation of the
tee of a council or other governing body term"action:'
"when the committee acts on behalf of
the governing body,conducts hearings,
Key Definitions
"Slaughter v Fire District No.20,50 Wn.App.733,738,750 �°Meeting"means meetings at which"action"is
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 taken.RCW 42.30.020(4).
had been negotiated at meetings that violated the Act.Mason
County v PERC, 54 Wn.App.36,40-41,771 P.Zd 1185(1989). "Action"means all transacting of a governing
In apparent reaction to that case,however,section 1,chapter 98, body's business,including receipt of public testi-
Laws of 1990(RCW 42.30.140(4))broadened the AcYs exemp-
tions to include all collective bargaining sessions and related meet- mony,deliberations,discussions,considerations,
ings and discussions with employee organizations.
'BThe term "subagency"does not include a purely advisory 19A committee"acts on behalf of the governing body"only
body unless it is legally required that its recommendations be when it exercises delegated authority,such as fact finding.AGO
considered by the parent body.AGO 1971 No.33. 1986 No. 16.
Knowing the Territory � Open Public Meetings Act 27
r
reviews, and evaluations,as well as"final"action. b. Must be delivered personally,by mail,by
RCW 42.30.010;42.30.020(3). fax,or by e-mai124 hours in advance.
c. Must be posted on agency's website,if any,
Two Kinds of Meetings so long as agency has at least ten full time
20 employees and has a designated employee
Regular Meetings or contractor responsible for updating the
1. Definition:A recurring meeting held accord- website.
ing to a schedule fixed by statute,ordinance,or d. May be waived by a member.
other appropriate rule.
e. Is not necessary in specified emergencies.
2. If the design�ted time falls on a holiday,the See also RCW 42.30.070.
regular meeting is held on the next business
day.
3. There is no statutory limitation as to the kind of Meeti ng Place
business that may be transacted at a"regular" 1. As far as the Open Public Meetings Act is
(as distinguished from"special")meeting. concerned,a meeting may be held at any
The Open Public Meetings Act itself does not place within or outside the territorial jurisdic-
require any special notice of a regular meeting. tion of the body unless otherwise provided in
However,later statutory enactments require mu- the law under which the agency was formed.
nicipal governing bodies to establish a procedure RCW 42.30.070.Z'However,the meeting place
for notifying the public of all meeting agendas. should not be selected so as to effectively ex-
RCW 35.27.300;35.23.221;35.22.288;35A.12.160.z' clude members of the public.RCW 42.30.030.
2. The place of a special meeting must be desig-
Special Meetings22 nated in the notice.RCW 42.30.080.
3. In certain emergencies requiring expedited
1. Definition:Any meeting other than"regular:' action,the meeting or meetings may be held
2. May be called by the presiding officer or a ma- in such place as is designated by the presiding
jority of the members. officer and notice requirements are suspended.
RCW 42.30.070 and 42.30.080.
3. Must be announced by written notice to all
members of the governing body;also to mem- 4. An unintended meeting may occur by tele-
bers of the news media who have filed written phone or e-mail if a quorum of the body
requests for such notice.The notice of a special discusses a topic of business through an active
meeting:
a. Must specify the time and place of the
meeting and the business to be transacted.23
20RCW 42.30.060-.075. z4Note that the restrictions on holding city and town counal
meetings within the corporate limits were removed by the state
legislature in 1994.However,all final actions on resolutions and
21Failure to provide public notice of the preliminary aqenda ordinances must take place within the corporate limits of the city.
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 A board of county commissioners or county council must hold
of Edmonds v Fur Breeders,63 Wn.App. 159, 166-67,816 P.2d its regular meetings at the county seat. RCW 36.32.080.Also,
1268(1991).The notice given must fairly apprise the public of the based upon 2015 legislation(chapter 179,Laws of 2015)regular
action to be taken at the meeting. meetings may be held elsewhere in the county,no more than
once a quarter,if doing so will increase citizen engagement in gov-
Zz ernment. However,it may hold special meetings at some other
RCW 42.30.080. 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
Z30ther business may be discussed but final action may which the special meeting is to be held." RCW 36.32.090.
be taken only on matters specified in the notice of the special
meeting.
28 Open Public Meetings Act � Knowing the Territory
�
2/2/2017 RCW 42.30.020:Definitions.
RCW 42.30.020
Definitions.
As used in this chapter unless the context indicates otherwise:
(1) "Public agency" means:
(a) Any state board, commission, committee, department, educational institution, or other state agency
which is created by or pursuant to statute, other than courts and the legislature;
(b)Any county, city, school district, special purpose district, or other municipal corporation or political
subdivision of the state of Washington;
(c)Any subagency of a public agency which is created by or pursuant to statute, ordinance, or other
legislative act, including but not limited to planning commissions, library or park boards, commissions, and
agencies;
(d) Any policy group whose membership includes representatives of publicly owned utilities formed by
or pursuant to the laws of this state when meeting together as or on behalf of participants who have
contracted for the output of generating plants being planned or built by an operating agency.
(2) "Governing body" means the multimember board, commission, committee, council, or other policy
or rule-making body of a public agency, or any committee thereof when the committee acts on behalf of the
governing body, conducts hearings, or takes testimony or public comment.
(3) "Action" 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.
(4) "Meeting" means meetings at which action is taken.
[ 1985 c 366 § 1; 1983 c 155 § 1; 1982 1 st ex.s. c 43 § 10; 1971 ex.s. c 250 § 2.]
NOTES:
Severability—Savings-1982 1st ex.s. c 43: See notes following RCW 43.52.374.
http://app.leg.wa.gov/RCW/default.aspx?cite=42.30.020 1/1
HOW TO ACCOMPLISH WHAT YOU WANT TO DO IN MEETINGS
MAIN MOTION
You want to propose a new idea or action for the group.
• After recognition, make a main motion.
• Member: "Madame Chairman, I move that "
AMENDING A MOTION
You want to change some of the wording that is being discussed.
• After recognition, "Madame Chairman, I move that the motion be amended by
adding the following words "
• After recognition, "Madame Chairman, I move that the motion be amended by
striking out the following words "
• After recognition, "Madame Chairman, I move that the motion be amended by
striking out the following words, , and adding in their place the following
words "
REFER TO A COMMITTEE
You feel that an idea or proposal being discussed needs more study and investigation.
• After recognition, "Madame Chairman, I move that the question be referred to a
committee made up of inembers Smith, Jones and Brown."
POSTPONE DEFINITELY
You want the membership to have more time to consider the question under discussion
and you want to postpone it to a definite time or day, and have it come up for further
consideration.
• After recognition, "Madame Chairman, I move to postpone the question until
�
PREVIOUS QUESTION
You think discussion has gone on for too long and you want to stop discussion and vote.
• After recognition, "Madam President, I move the previous question."
LIMIT DEBATE
You think discussion is getting long, but you want to give a reasonable length of time for
consideration of the question.
• After recognition, "Madam President, I move to limit discussion to two minutes per
speaker."
Page 3 of 5
POSTPONE INDEFINITELY
You want to kili a motion that is being discussed.
• After recognition, "Madam Moderator, I move to postpone the question indefinitely."
POSTPONE INDEFINITELY
You are against a motion just proposed and want to learn who is for and who is against the
motion.
• After recognition, "Madame President, I move to postpone the motion indefinitely."
RECESS
You want to take a break for a while.
• After recognition, "Madame Moderator, I move to recess for ten minutes."
ADJOURNMENT
You want the meeting to end.
• After recognition, "Madame Chairman, I move to adjourn."
PERMISSION TO WITHDRAW A MOTION
You have made a motion and after discussion, are sorry you made it.
• After recognition, "Madam President, I ask permission to withdraw my motion."
CALL FOR ORDERS OF THE DAY
At the beginning of the meeting, the agenda was adopted. The chairman is not following
the order of the approved agenda.
• Without recognition, "Call for orders of the day."
SUSPENDING THE RULES
The agenda has been approved and as the meeting progressed, it became obvious that an
item you are interested in will not come up before adjoumment.
• After recognition, "Madam Chairman, I move to suspend the rules and move item 5
to position 2."
POINT OF PERSONAL PRIVILEGE
The noise outside the meeting has become so great that you are having trouble hearing.
• Without recognition, "Point of personal privilege."
• Chairman: "State your point."
• Member: "There is too much noise, I can't hear."
Page 4 of 5
PROCEDURE FOR HANDLING A MAIN MOTION
NOTE: Nothing goes to discussion without a motion being on the floor.
Obtaining and assigning the floor
A member raises hand when no one else has the floor
• The chair recognizes the member by name
How the Motion is Brought Before the Assembly
• The member makes the motion: 1 move that(or'�o") ... and resumes his seat.
• Another member seconds the motion: 1 second the motion or I second it or second.
• The chair states the motion: It is moved and seconded that... Are you ready for the
question?
Consideration of the Motion
1. Members can debate the motion.
2. Before speaking in debate, members obtain the floor.
3. The maker of the motion has first right to the floor if he claims it properly
4. Debate must be confined to the merits of the motion.
5. Debate can be closed only by order of the assembly (2/3 vote) or by the chair if no
one seeks the floor for further debate.
The chair puts the motion to a vote
1. The chair asks: Are you ready for the question? If no one rises to claim the floor, the
chair proceeds to take the vote.
2. The chair says: The question is on the adoption of the motion that... As many as
are in favor, say 'Aye' (Pause for response.) Those opposed, say'Nay: (Pause for
response.) Those abstained please say `Aye:
The chair announces the result of the vote.
1. The ayes have it, the motion carries, and... (indicating the effect of the vote) or
2. The nays have it and the motion fails
WHEN DEBATING YOUR MOTIONS
1. Listen to the other side
2. Focus on issues, not personalities
3. Avoid questioning motives
4, Be olite
Page 2 of 5
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COMMITTEE OF THE WHOLE
You are going to propose a question that is likely to be controversial and you feel that
some of the members will try to kill it by various maneuvers. Also you want to keep out
visitors and the press.
• After recognition, "Madame Chairman, I move that we go into a committee of the
whole."
POINT OF ORDER
It is obvious that the meeting is not following proper rules.
� Without recognition, "I rise to a point of order," or"Point of order."
POINT OF INFORMATION
You are wondering about some of the facts under discussion, such as the balance in the
treasury when expenditures are being discussed.
• Without recognition, "Point of information."
POINT OF PARLIAMENTARY INQUIRY
You are confused about some of the parliamentary rules.
• Without recognition, "Point of parliamentary inquiry."
APPEAL FROM THE DECISION OF THE CHAIR
Without recognition, "I appeal from the decision of the chair."
Rule Classification and Requirements
Class of Rule Re uirements to Ado t Re uirements to Sus end
Charter Adopted by majority vote or Cannot be suspended
as proved by law or
ovemin authorit
B laws Ado ted b membershi Cannot be sus ended
Special Rules of Order Previous notice & 2/3 vote, 2/3 Vote
or a majority of entire
membershi
Standing Rules Majority vote Can be suspended for
session by majority vote
durin a meetin
Mod�ed Roberts Rules of Adopted in bylaws 2/3 vote
Order
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