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HomeMy WebLinkAboutORD 2822 � + r ^ , t . y i y`� ►7ri� ' t' • '.�� .: . S . � , - ' . � . . .� � • � .s,.. i - _",�. • 1���,° A I �j�Y1 Ef�T�.S i ��D��'�O� CITY OF RENTON, wASHINGTON ��q ORDINANCE NO. 2 g 2 2 3g�" AN ORDINANCE OF THE CITY OF RENTON WASHINGTON ���� ��� � AMENDING CHAPTER 5 OF TITLE I (ADMINISTRATIVE) OF ORDINANCE N0 . 1628 ENTITLED "CODE'�.O.E GENER�L ORDIi�TANCES OF THE CITY OF RENTON" PROVIDTNG AND n' �J4�D ESTABLISHING PROCEDURES AT CITY COUNCIL MEETINGS , IJRd� �OWERS AND DUTIES OF PRESIDING OFFICERS , RULES OF DEBATE , ENFORCEMENT O.F� ORDER AND DECORUM, AND MATTERS RELATING THERETO ; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN�CON�LI.CT HEREWITH THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO ORDAIN AS FOLLOWS : SECTION I : Existing Section 1-504 of Chapter 5 , Title I (Adminis- trative) is hereby amended to read as follows : 1-504 as amended - SPECTAL MEETINGS . Special meetings may be called by the Mayor or any ��u�r� (�:) members of the City Council by � written notice delivered to each member of the Council at least twen.ty four (�!�) hours be.fore the time specifi.ed for the �roposed meeting. The call and notice shall specify the time and place of the special meeting and the business to be transacted . In addition thereto the City Clerk shall give notice of such special meeting as furth.er provided far in RCW 42 .30 .080 et seq (Open Public Meetings Act? . No final dispostion shall be taken on any other mattex at such special meeting by the governing body. Such written nati.ce may be dispensed with as to any member who at, or �rior to the time the meeting convenes , files with the Clerk or Secretary of the City Council a written waiver of such notice . Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes . The noti.ces provided in this Section may be dispensed� with in the e.vent a special meeting is called to deal with an emergency involving i,njury or damage to persons or property or the likelihoad of ' such in�ury or damage , when time requirements of such notice would make ivtice impractical and increase the likelihood of such injury or damage. . / � -1- �`� �' , . ' r , , � �.. ' ,� �4 s • • , � ��^. � O r ' � . . , •t ., ' , g e' A SECTION II ; Existing Section 1-505 of Chapter 5 , Title I, (Administrative) is hereby amended to read as follows : 1-505 as amended - EXECUTIVE SESSIONS : The President or majority of the members of the City Council may hold executive sessions during a regular or special meeting to consider matters affecting national security; the selection of a site or the acquisition of realestate by lease or purchase when publicity regarding such consideration would cause a likelihood of increased price ; the appointment, employment I or dismissal of a public officer or employee ; or to hear complaints or charges brought against such officer or employee by another public officer, person or employee unless such officer or employee requests a public hearing . The City Council may exclude from any such public meeting or executive session , during the examination of a witness or any such matter, any or all other witnesses in the matter being • investigated by the legislative body . Likewise all "Committee of the I Whole" meetings , duly publicized as provided by law , shall be open to the public unless held in Executive Session as above stated. Executive Sessions , to the extent permitted by law , shall be limited to members II of the City Council unless the presence of non-members is requested I by a majority of City Council members . In -addition to the foregoing the provisions of RCW 42 . 30 .010 et seq (Open Public Meeting Act) shall not be applicable to the following : A, Any proceeding concerned with the formal issuance of an order granting , suspending , revoking , or denying any license , permit or certificate to engage in any business , occupation or profession or to any disciplinary I� � proceedings involving a member of such business , I, occupation or profession; I B. That portion of a meeting of a quasi-judicial body �, which relates to a quasi-judicial matter between named I parties as distinguished from a matter having a general effect on the public or on a class or group ; i -2- � I � � � .. f . ' ,� � • . . • � , � ' , •, ' ` ` . ` �m . SECTION III : Existing Section 1-506 of Chapter 5 , Title I (Administrative) is hereby amended to read as follows : 1-506 as amended - AGENDA: a. All reports , communications , ordinances , resolutions , contract documents or other matters which properly belong to the legislative body for consideration or action shall be delivered to the City Clerk not later than 12 o' clock noon on the Monday preceding the regula� meeting . The City Clerk, unless otherwise instructed by the President of the Council, shall prepare the agenda of all such matters relating to or requiring legislative action . Such agenda shall be by 3 : 0•0 p.m. available to the members of the City Council=/preceding the Monday Council meeting to which it pertains , and shallbe made available to the public not later than S :OOp .m. on the day of the meeting . In case of any special meetings :as set forth hereinabove , the agenda shall be made available at least twenty four (24) hours prior to such meeting . b . Any communication from any member of the public , submitted after the above stated deadline , and which requires legislative action� may be presented by such petitioner in person at such council meeting , upon approval by the majority of council members . SECTION IV : Existing Section 1-507 of Chapter 5 , Title I (Administrative) is hereby amended to read as follows : 1-507 as amended - COUNCIL CORRESPONDENCE . (a) All correspondence addressed to the City Council and received by the City Clerk or any other officer or employee of the City shall not become a public record until such time as it has been received and filed with the City Council at a regular, special or adjourned meeting of said body . Correspondence received in the City Clerk 's office or other offices after 12 o' clock noon on the Monday preceding the regular council meeting shall not be placed on the agenda but shall be held over until the next regular council meeting ; provided however that matters specified in Section 1-506 (b) herein- above may be so presented. Correspondence need not be reacl aloud and i,n its enti.re.ty at a City Council meeting , unless requested by a -4- � .� ,� . • .' ti � . . � . � , . , � ' J4 , . . � � � • majority vote of the Council , but the City Clerk shall indicate , in summary form, the nature of the correspondence and the name and address of the sender. (b) The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council , unless same is addressed to the personal attention of any .one member of the Council , and to give it immediate attention to the end that all administrative business referred to in said communication, and which does not require legislative action , may be acted upon by the Department or Departments having jurisdiction thereover . Copies thereof shall simultaneously be referred to the Mayor' s office who shall be : responsible for taking appropriate action on any valid request or petition by and through the respective Departments of the City . Such referrals and action by the Mayor and City Clerk shall be brought to the attention, whenever applicable , of the City Council, together with the proposed action thereon or resolution thereof; PROVIDED HOWEVER that all matters requiring legislative action sha11 be timely placed on the agenda as set forth in Section 1-507 hereinabove . SECTION V : Existing Section 1-508 of Chapter 5 , Title I (Administrative) is hereby amended to read as follows : 1-508 as amended - ORDER OF BUSINESS . Unless otherwise changed by a majority vote of the City Council , its business shall be taken up for consideration and disposition in the following order: l. Pledge of Allegiance . 2 . Call to Order and Roll Call . 3 . Approval of the Minutes 4 . Special Presentations 5 . Public hearings , including continued public hearings 6 . Corr�spondence and current business , including claims for damages 7 . Audience comments 8 . Proclamations 9 . Appointments by the Mayor 10 . Old Business by Council 11. New Business by Council I 12 . Approval of vouchers � 13 . Ordinances for introduction 14 . Ordinances f o� �addption 15 . Resolutions f or adoption 16 . Audience Comments 17 . Adjournment -5- � . ,f � , � ,� • ' . . . � . ' `5 . � L � � F � SECTION VI : Existing Section 1-510 of Chapter 5 , Title I (Administrative) is hereby amended to read as follows : 1-510 as amended - PRESIDING OFFICER. The Mayor shall be the presiding officer at all meetings of the City Council. In the absence of the Mayor the Mayor pro tem, if one has been appointed , or the President of the Council, shall preside . In the absence of both the Mayor, the Mayor pro tem, and/or the President of the Council, the Council may elect a member of its own body to so i preside . Appointment of a Council member to preside over the meeting shall not in any way abridge his right to vote on matters com:ing before the Council at such meeting . (a) Powersand duties of Presiding Officer. The Mayor shall have a vote only in case of a tie in the votes of the Councilmen. (b) Seating Arrangement of City Council . The President of the Council and the Committee on Committees shall , following each Councilmanic election and such other times as may be necessary , establish the seating arrangement of the City Council. (c) Question to be Stated. The Mayor, as Presiding Officer , or such other member asnay be acting in said capacity, shall verbally restate each question immediately prior to calling for the vote . Following the vote the Mayor sha.11 announce whether the question carried or was defeated; in case of a roll call vote , the Clerk shall timely announce such vote . The presiding officer, in his discretion , may publicly state theeffect of a vote for the benefit of the audience , or he may direct a member of the City staff to do so , before proceeding to the next item of business . (d) Signing of Documents . The Mayor shall sign all ordinances , resolutions , contracts and other documents necessitating his signature and all of such documents shall be duly attested to by the City Clerk ; in the event of the absence or unavailability of the Mayor , the signature of the President of the Council may be used. The Mayor shall have the power to veto ordinances passed by the Council and submitted to him as provided for in RCW 35A.12 .130 . -6- - � � '� • '� � . (e) Sworn Testimony. The Mayor or other Presiding Officer may require any person addressing the City Council to be sworn as a ' witness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a majority vote of the City Council. SECTION VII : Existing Section 1-511 of Chapter 5 , Title I CAdministrative) is hereby amended to read as follows : 1-511 as amended - RULES OF DEBATE. (a) Except as otherwise provided for in this ordinance , or any special rule adopted by the City Council from time to time ,. or as otherwise provided by any State Statute , the procedures of the City Council shall be governed by the latest revised edition of "Robert's Rules of Order" . (b) Gettin g the' �loor. Every �Council man desiring to speak shall first address the Chair, gain recognition_:by the Presiding Officer, and shall confine himself to the question under debate ; such Councilman , shall not engage in any indecorous , abusive or inappropriate language and shall avoid personal attacks on any other members of the Council or City official� or impugn the integrity, honesty or motives of such other official or officials . (c) Inquiries to Staff. Every Councilman desiring to question any member of the City Staff, shall, after recognition by the Presiding Officer, address his question to the respective head of the Department , or his deputy or representative , who shall be entitled to either ansraer the inquiry himself or to designate some other person to do so , or alternately, if such information is not readily available , to furnish same to the inquiring Councilman at the earliest possible date. -7- r . . • ' . , � , • " , '� � ' . � ° a Cd) Interruptions . A Councilman, once recognized by the Presiding Officer, shall not be interrnpted c�hen speaking unless called to order by the Presiding Officer, or unless a point of order or personal . privilege is raised by another Councilman, or such speaker chooses to yield to a question by another member of the City Council. If a Councilman, while speaking , is called to order, he shall cease speaking II immediately until the question of order is determined and, if I determined to be in order, he shall proceed. Members of the Ci`ty staff, i after recognition by the Presiding Officer, shall hold the floor until '� completion of their remarks or until recognition is r,,tithdrawn by the Presiding Officer. Ce) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilman to appeal to the City Council. If an appeal is taken, the question shall be , "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively de`termine such question of order. (f) Point of Personal Privilege. The right of a Councilman to address the City Council on a question of personal privilege shall be limited to cases in which his integrity, character or motives are I questioned or where the welfare of the Council is concerned. Any Councilman raising a point of personal privilege may interrupt another Councilman who has the floor only if the Presiding Officer recognizes the privilege. � Cg) Privilege of Closing Debate. The Councilman moving the adoption of an ordinance , resolution or motion shall have the privilege of closing debate. (h) Limitation of Debate. No Counc�7man shall be allowed to speak more than once upon any particular subject until every other ' Councilman desiring to do so shall have apoken. i -8- � - r . . • . . . . . _ ; -� � • , � (i) Entry of Ayes and Nays on Journal. At any time , at the request of any member of the City Council, any question shall be voted 'I upon by roll call and the ayes and nays shall be recorded in the journal ; and such ayes and na.ys must be taken and entered upon the passage of all ordinances, - . � � . (j ) Remarks of Councilmen and Synopsis of Debate. A Councilman may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes . If the Council consents thereto , such statement shall be entered in the minutes . (k) Protest Against Council Action. Any Councilman shall have the right to have the reasons for his dissent from or his protest against any action of the Council entered in the minutes . Such dissent or protest to be entered in the minutes shall be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons . . . " But any such protest or dissent must be in summary form so as to avoid unnecessary delay :or interference with regular Council business. Cl) Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion I are deemed to be procedural only, and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law. (m) City Council - Quorum. At all meetin� of the City Council a majority of the Councilman shall constitute a quorum for the transaction of business , but a less number may adjourn from time to time and may compel the attendance of absent members in such manner and under such ! penalties as may be prescribed by ordinance. � -9- � -� � � , � � . (n) All hearings before the City Council or any committee or , department of the City shall be conducted fairly, in •substance as well as in appearance. All members of the hearing body shall at all times be open-minded, objective , impartial and free of any entangl.ing influences or the taint thereo�. Furthermore , to avoid any attack on the validity of such hearings members of the hearing body shall avoid any private meetings , conferences or discussions on the merits of the matter or issue before the body, including but not limiting it to specific .-.Zoning and related land use proposals , comprehensive planning and like matters with the proponents or opponents thereof. SECTION VIII : Existing Section 1-512 of Chapter 5 , Title I (Administrative) is hereby amended to read as follows : 1-512 as amended - ADDRESSING THE CITY COUNCIL. Ca) Manner of Addressing Council. Each person desiring to address the Council shall state his name and address for the record, state the subject he wishes to discuss , state whom he is representing if he represents an organization or other persons , and unless further time is granted by majority vote of the Council , shall limit his remarks to five (5) minutes . Al1 remarks shall be addressed to the Council � as a whole and not to ariy member individually. No question shall be asked of a Councilman or member of the City staff without the permission of the Presiding Officer. (b) Spokesman for Group of Persons . In order to expedite matters and to avoid repetitious presentations , delay or interruption of the orderly business of the Council , whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesman be chosen by the group to address the Council and , in case additional matters are to be presented by any other member of said group , to limit the number of such persons addressing the Council. -10- � , ,� � . � � � (c) After Motion. After a motion has been made or a public hearing has been closed , no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so from the Presiding Officer or upon majority vote of the Council members . SECTION IX: Existing Section 1-513 of Chapter 5 , Title I (Administrative) is hereby amended to read as follows : , 1-513 as amended - RULES OF DECORUM. Ca) Councilmen. While the Council is in session, all members must preserve order, decency and decorum at all times and no member shall , by conversation or otherwise , delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refusing to obey the order of the Presiding Officer. Members of the City Council shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer except in case of emergency. No member of the City Council shall use any " impertinent , degrading or slanderous language as to any other member of the Council or member of the public. The members of the City Council may punish their fellow members for disorderly conduct and upon written charges entered upon the journal thereof may , after trial , expel a member by two-thirds (2/3) vote of all of the members elected. Discussion by members of the Council shall relate to the subject matter at hand and shall be relevant and pertinent thereto so as to provide for the expeditious disposition and resolution of the business before the body. � � (b) Employees. Members of the City Staff and employees shall � observe the same rules oi. order and decorum as are applicable `to members of the City Council , with the exception that members of the City Staff may leave their seats �uring the meeting without first obtaining the permission of the Presiding Officer. -11- � � i ' � 1 (c) Members of Public addressing the Council. Any person making personal , impertinent or slariderous remarks or who shall become boisterous while addressing the Council, or who shall b.y conversation or otherwise delay, impede or interrupt the proceedings or the peace of the Council, or disturb any member while speaking, or refuse to obey the orders of the Council or its Presiding Officer , shall be forthwith, by the Presiding Officer , barred from further audience before the Council unless permission to continue is granted such member by a vote of the majority of the Council. Any person in the audience who engages in disorderly ' conduct, including whistling, stamping of feet , use of profane langua e, g yelling and similar acts or demonstrations , which conduct dist�rbs the orderly business and peace of the assembly, or who refuses to comply with the lawful orders of the Presiding Officer , shall be guilty of a misdemeanor, and uponirstruction from the Presiding Officer, it sha11 be the duty of the Chief of Police or such member or members of the Police Department as may be present at such meeting, to remove such person from the Council chamber and to place him under arrest. The Chief of Police or members of his Department shall act as Sergeant at Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order , peace and decorum at the Council meeting. Any Councilman may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to do so. SECTION X: Existing Section 1-514 of Chapter 5 , Title I CAdministrative) is hereby amended to read as follows : � 1-514 as amended - CONFLICT OF INTEREST ; DISQUALIFICATION - � EXEMPTIONS : No member of the City Council shall be beneficially interested, directly �r indirectly , in any contract which may be made -12- - �� ' i � I .by, through or under the supervision or direction of the City Council , in whole or in substantial part , and as otherwise provided for in Chapter 31 of Title I (Administrative) of Ordinance No. 1628 entitled "Code of Gen�ral Ordinances of the City of Renton" (generally referred to as the City' s "Code of Ethics" ordinance) . In the event of any private interest by such Councilman ' he shall be required to make the disclosures as set forth in Section 1-3107 of said "Code of Ethics" ordinance. Upon disclosure of such �ivate or personal interest the Councilman so disqualified shall promptly leave his seat during the debate or discussion and vote on such matter and leave the Council chambers until the total subject matter in which he has such personal or private interest has been disposed of. A Councilman stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. Notwithstanding the inapplicability of Chapter 31 , Title I CAdministrative) of the City' s Code , each Councilman as to any matter pending before the legislative body or which ultimately may require a decision by said body , shall at all times be open-minded , objective and impartial and make no judgment thereon until such time as all of the evidence pertaining to any such matter has been properly submitted to the legislative body. Failure to Vote. Every Councilman should vote unless disqualified by reason of a conflict of interest or as otherwise set forth in the immediately preceding paragraph. A Councilman who abstains from voting in effect consents that a majority of the quorum I may decide the question voted upon. Tie votes shall be lost motions and may be reconsidered , unless such tie is broken by the Mayor. Changing Vote. A member may change his vote only if he -13- _� � ' � 4 ' , • 1 , I�� makes a timely request to do so immediately following the last vote cast by a Councilman so voting and prior to the time that the result of the vote has been announced by the Presiding Officer or the City Clerk. A Councilman who publicly announces that he is abstaining from voting on a particular matter shall not subsequently be allowed �� to withdraw his abstention. Reconsideration. A motion to reconsider any action taken by the City Council may be made only on the day such action was taken, or at the next regular meeting of the City Council . Such motion may be made only by one of the Councilmen who voted with the prevailing side . Nothing herein shall be construed to prevent any Councilman from making or remaking the same or any other motion at a subsequent meeting of the Council . SECTION XI : Existing Section 1-516 of Chapter 5 , Title I (.Administrative) is hereby amended to read as follows : 1-516 as amended - READING OF ORDINANCES AND RESOLUTIONS : At the time of adoption of an ordinance or resolution, it shall be read by title only unless the full reading thereof is requested by a majority vote of the Councilmen present. Ordinances - Publication - Copy of Evidence . Bef ore any ordinance shall take effect, unless otherwise provided by law, it shall be published, verbatim, at least once in a newspaper generally circulated within the City of Renton, wh�ch shall be the City' s official newspaper. No ordinance shall take effect until five (5 ) days after date of its publication , except when such ordinance may be subject to referendum, as provided �or in Ordinance No. 2798 . -14- . � . �, , • ,_ • . , . f . + . .. c_ ' ' � f , I SECTION XII : There is hereby created and established a new Section entitled 1-517 reading as follows : 1-517 - EXEMPTION FROM OPEN PUBLIC MEETINGS ACT. The provisions of the"open public meetings Act" shall not apply to any meeting attended by less than a majority of the members of the City Council in which no final action is taken or commitment made. All preliminary decisions or recommendations made by any such committee consisting of less than a majority of the City Council members shall be submitted in due course to the City Council at a regular or special meeting for final action. Notwithstanding the foregoing, the chairman of any such subcommittee consisting of less than a majority of all the . Councilmen elected, shall have discretion to allow members of the public to attend andlor participate in any such committee meeting. The aforestated exemption from the"Open Public Meetings Act" shall likewise apply to any advisory committee created by or pursuant to ordinance as long as said committee does not have authority to establish definite policies or rules , but its function is merely advisory. SECTION XIII : This ordinance shall be effective upon its passage , approval and five (5) days after its publication, unless otherwise provided for hereinabove. PASSED BY THE CITY COUNCIL this 2lstday of �� ,7a`ii"i�•a`.r�:�;;:�1974. ' �Vii�,/�''c� � /����(i�� D'e�ores A. Mead, City�Clerk APPROVED BY THE MAYOR this 21st day of ;�rarit�ary ,;' 1.��;4�..T� .� ��_ ( �f .�.t 11/1�/t �iC--�/t!l� Avery Garr�"t ,° Mayor Ap oved as t . �d� ,����� M S G�rard hellan Cit Attorne • � Y Y Date of Publication: 1-25-74 -15- �