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HomeMy WebLinkAbout4498 Resolution - Council Rules of ProcedureResolution – Council Rules of Procedure- 1 RESOLUTION NO. 4498 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ADOPTING THE COUNCIL RULES OF PROCEDURE. WHEREAS, the City Council of the City of Pasco has expressed a need for more formal procedures in conducting meetings, holding public hearings, as well as many other topics specifically related to the Council; and WHEREAS, this item was discussed initially at the Council mini-retreat on June 24, 2024 where suggested edits from various councilmembers were made; and WHEREAS, the City Council discussed those incorporated proposed edits on July 22, 2024 and requested further additions to the working draft of the council rules; and WHEREAS, based on those discussions, staff has incorporated additional changes into the working draft of the council rules; and WHEREAS, the Council must formally adopt the Council Rules of Procedure by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the Council Rules of Procedure, a copy of which is attached hereto, and incorporated herein by this reference as Exhibit A, are hereby approved by the City Council. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law on this 16th day of September 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys CITY COUNCIL RULES OF PROCEDURE i TABLE OF CONTENTS PAGE INTRODUCTION ............................................................................................................. 1 A. ORGANIZATION 1. Election of Mayor and Mayor Pro Tem ........................................................................ 3 2. The Mayor is the Presiding OfficerChair of the Council Meetings ............................... 3 3. In the absence of the Mayor, the Mayor Pro Tem shall be the Presiding OfficerChair may call member to chair ................................................................................................ 3 4. Duties of the Mayor ..................................................................................................... 3 5. Duties of Mayor Pro Tem ............................................................................................ 4 6. Temporary Presiding OfficerChair ............................................................................... 4 7. General duties of Councilmembers ............................................................................. 4 B. RIGHTS AND DUTIES OF MEMBERS 1. Duty to Vote – Abstention ............................................................................................ 4 2. Attendance by speakerphone or video ........................................................................ 5 3. Notification of a Council member's absence from a Council session .......................... 5 4. Council member terms and oath of office .................................................................... 6 5. Council contacts with staff ........................................................................................... 6 6. Council contacts with others ........................................................................................ 6 7. Filling a Council vacancy ............................................................................................. 7 8. Council Committees .................................................................................................... 7 C. MEETINGS 1. Regular meetings - Time of meeting ........................................................................... 8 2. Regular meetings - Place of meetings ......................................................................... 8 3. Meetings - Items considered ....................................................................................... 9 4. Quorum ....................................................................................................................... 9 5. Executive Sessions ..................................................................................................... 9 6. Emergency meetings ................................................................................................. 10 7. Meeting Agendas ...................................................................................................... 11 8. Use of electronic devices during Council meetings ................................................... 12 D. PROCEDURE - ORDER AND DECORUM 1. Councilmember remarks. .......................................................................................... 12 2. Questioning by Councilmembers .............................................................................. 12 3. Obligation to the City ................................................................................................. 12 4. Conduct during debates ............................................................................................ 13 5. Parliamentary procedures and motions ..................................................................... 13 6. Voting ........................................................................................................................ 15 ii 7. Comments, concerns and testimony directed to the City Council ............................. 16 E. PUBLIC HEARINGS AND APPEALS 1. Quasi-judicial hearings .............................................................................................. 16 2. Other public hearings ................................................................................................ 17 F. SUSPENSION OF RULES ...................................................................................... 17 G. AMENDMENT OF RULES ...................................................................................... 17 H. RECORDING OF RULES ........................................................................................ 18 I. ENFORCEMENT OF RULES OF PROCEDURE .................................................... 18 1 Introduction State law1 and Pasco Municipal Code gives the City Council the City of Pasco the power and authority to organize and regulate its internal affairs. The Council has adopted these Rules of Procedure to clarify the duties and responsibilities of Council members, indicate how meetings of the Council will be conducted and identify how Council members may participate in meetings. These Rules also denote the types of meetings the Council may conduct, and other formalities regarding the efficient and effective conduct of the Council's business. These Rules of Procedure are intended to serve as a summary guide to the conduct of Council business. Many of the provisions within these Rules of Procedure reference provisions of the Pasco Municipal Code, state statute, or other applicable law related to the conduct of Council business. Some of the provisions within these Rules of Procedure are based on elements of Roberts Rules of Order Newly Revised, and some provisions reflect the preference of the City Council concerning how its business is to be conducted. The purpose of Rules such as these is to assist in guiding actions of members of the City Council and to foster development of working relationships beneficial to the City Councilmembers and the City. The behavior and actions of individual Council members can affect, both positively and negatively, the perception of the entire Council and public confidence in the Council and the City. Therefore, each Council member has a vested interest in promoting the ethical and professional conduct of theirhis/her fellow Council members. In order to foster an environment of ethical and professional conduct by all Council - members, the Council has adopted the following process to be implemented in the event a Council member(s) is alleged to have violated the Council Rules of Procedure, the Council Code of Ethics, the Council Principles of Conduct, adopted Administrative Policies or other applicable laws and/or regulations. In accordance with the Pasco Municipal Code and state statute, the Council serves as the legislative branch of the City of Pasco. The City Council consists of seven elected officials, each elected to four-year terms. Individual Council members do not have governing power as individuals., but rather, Councilmembers have governing power only when meeting as a Council when a quorum (four or more Councilmembers) is present. The Council is the law-making, policy-making, and budget and spending approval authority of the City government. In accordance with the Pasco Municipal Code and state statute, the City Manager is the chief executive officer of the City and the head of the executive branch of the City government. The duties and responsibilities of the City Manager are defined in state law and the Pasco Municipal Code. The City Manager is directly accountable to the City Council for the execution of the City Council’s policy directives and for the administration 1 RCW 35A.11.020, Art. XI, Sec. 11, Wash. Const. 2 and management of all City departments. Balanced with the City Manager’s accountability to the City Council for policy implementation is the legal requirement under the Pasco Municipal Code and state statute for the Council to allow the City Manager to perform her/his legally-defined duties and responsibilities without interference by the City Council in the day-to-day management decisions of the City Manager. All City staff work under the direction of the City Manager, who is directed by the City Council. The Council and its members dealCouncilmembers interact with City staff through the City Manager. These Rules of Procedure will evolve as conditions dictate. They are intended to be flexible and adaptable to specific circumstances. In accordance with best practices, these Rules of Procedure should be reviewed and evaluated on a regular basis and amended as necessary. 3 RULES OF PROCEDURE OF THE PASCO CITY COUNCIL A. ORGANIZATION. 1. Election of Mayor and Mayor Pro Tem. The City Council of the City of Pasco, immediately after its election and qualification, shall elect from among the members a Mayor and Mayor Pro Tem.2 2. The Mayor is the Presiding OfficerChair of Council Meetings. The Mayor shall preside as the Presiding Officer Chair of all meetings of the Council and shall have responsibility for the general direction of the meetings as listed in the Pasco Municipal Code.3 3. In the absence of the Mayor, the Mayor Pro Tem shall be the Presiding Officer The Chair may call upon other members to serve as Chair. When both the Mayor and Mayor Pro Tem are absent, the City Clerk will call the meeting to order and the Council shallmay select a temporary Presiding Officer to chair the meeting and such member shall be vested with all the powers of the Presiding Officer while so presiding and such substitution shall not extend beyond adjournment. The Mayor or any other member of the Council who may be acting as Chair at a meeting of the Council may call upon any other member of the Council to temporarily serve as Chair to preside over a Council meeting, and such member shall be vested with all the powers of the Chair while so presiding. Such a substitution shall not extend beyond an adjournment. 4. Duties of the Mayor. It shall be the general duty of the Mayor as Presiding Officer Chair of the Council: (a) To preside over Council meetings on the day and at the hour for which the meeting of the Council has been called, and to preserve order and decorum at all meetings of the Council, including causing the removal of any person in the audience from any meeting who disrupts the meeting after having been warned to cease the disruptive behavior.4 2 RCW 35A.13.030 – 035. 3 PMC 2.05.015. 4 If deemed appropriate to maintain order at the meetings, the Mayor shall have the right to call upon the Chief of Police and any and all other officers of the Police Department for assistance. 4 (b) To announce the business before the Council in the order in which it is to be acted upon. (c) To receive and submit in the proper manner all motions and propositions presented by the members of the Council. (d) To put to vote all questions which are properly moved, or which necessarily arise in the course of proceedings, and to announce the result thereof. (e) To inform the Council when necessary, or when referred to for that purpose, on any point of order or practice. In the course of the discharge of this duty, the Mayor shall have the right to call upon the City Attorney or any member of the Legal Department for advice. (f) To authenticate by the Mayor’s signature when necessary, or when directed by the Council, all the ordinances and resolutions, and all the acts, orders and proceedings of the Council, and entries in the official record of the Council when the same have been appropriately approved. (g) To maintain order at the meetings of the Council, for which purpose the Mayor shall have the right to call upon the Chief of Police and any and all other officers of the Police Department for assistance. 5. Duties of the Mayor Pro Tem. The Mayor Pro Tem, during the absence of the Mayor, shall have the authority and right to perform all the duties and functions of the Mayor. 6. Temporary Presiding OfficerChair. In the event of the absence of or disability of both the Mayor and the Mayor Pro Tem, the Council shall elect a member as temporary Chair to serve until the Mayor or Assistant Mayor so absent or disabled shall return or the disability shall be removed, as the case may be. In such event, the temporary Chair shall have all the powers and perform the functions and duties herein assigned to the Mayor and Chair of the Council. 7. General duties of Councilmembers. Councilmembers shall: (a) Endeavor to be acquainted with these Rules of Procedure and act in accordance therewith. (b) Endeavor to be respectful of the other members of the City Council and City Staff, even when they have differences of opinion or different positions on matters coming before the City Council. 5 (c) Participate in training offered by individuals, agencies, entities and organizations including but not limited to the Association of Washington Cities and the State of Washington. This includes initial orientation after taking office, and other required or recommended training. B. RIGHTS AND DUTIES OF MEMBERS. 1. Duty to Vote – Abstention. Every Councilmembermember of the Council present at a meeting where a vote is taken on any proposal shall vote thereon unless excused (for reasons described in Subsection D. 6. (c), below). A Councilmember member desiring to be excused from voting may, when his/her name is called, make a brief statement giving the reasons for making such a request, and the question of excusing her/him shall then be decided by vote of the other members of the Council. 2. Remote attendance by CouncilmembersAttendance by speakerphone or video. Councilmembers may attend and participate council meetings via speakerphone or video when unable to physically attend the meeting in-person.From time to time, a Council member may not be able to be physically present at a Council meeting or a Council committee meeting, but will want to be involved in the discussion for the entire agenda, and/or a decision for a particular agenda item or items. The procedure and guidelines for permitting a Council member to attend a Council meeting or Council committee meeting remotely can be found in this section in accordance with the Pasco Municipal Codeby speakerphone or video conferencing is in this section.5 (a) NoticeLimitations on attendance by speakerphone or video . Councilmembers should provide adequate notice to the Mayor prior to the meeting intended to attend remotely.Attendance via speakerphone or video should be the exception, and not used when in-person attendance at meetings can be accommodated. (b) Quorum. A Councilmember who is connected remotely to the telephone line in the meeting place or by video shall be considered to be actually present at that meeting for the period of time he or she is so connected, and that presence shall count toward a quorum of the Council or committee for all purposes, including voting. (c) Attendance – Procedure. 5 PMC 2.05.070. 6 The Mayor or Presiding Officer shall state for the record that a councilmember is attending remotely when applicable.The Council Member attending via speakerphone or video must be able to hear the discussion on the agenda item taking place in the Council Chambers, and must be able to be heard by all present in Council Chambers. The Mayor or Member serving as Chair of this meeting shall endeavor to make sure that the remote member can see and hear the proceedings. If one or more Councilmembers are attending remotely the Presiding Officer may allow for a roll call vote for all motions to be enacted during the meeting. (d) Responsibilities of Councilmembers attending meetings remotely. Councilmembers that attend a meeting remotely bear the risk of a technical malfunction which should not lead to a continuation, adjournment, or cancellation of a meeting unless it would prevent a quorum. A Councilmember attending remotely should ensure that the connection is adequate and should report any problems to designated staff as soon as possible. (e) Executive sessions. Remote attendance may be allowed when the Council is confident of the security in the remote communications. 3. Notification of a Council member's absence from a Council session. Members of the Council may be excused from attending a City Council meeting by contacting the Mayor prior to the meeting and stating the reason for her/his inability to attend. If the member is unable to contact the Mayor, the member shall contact the City Manager, who shall convey the message to the Mayor. A motion to excuse a Council member may be made retroactively at the next meeting. 4. Councilmember terms and oath of office. In accordance with RCW 29A.60.280, the term of incumbent Council members ends and the term of the successor begins after the successor is elected and qualified and the term commences immediately after December 31 following the election except: 1) Where the term of office varies from the standard according to RCW 29A.60.280; and, 2) If the election results have not been certified prior to January 1 after the election, in which event the time of commencement of the new term occurs when the successor becomes "qualified" (see definition below) in accordance with RCW 29A.04.133. Under RCW 29A.04.133, "qualified", as it pertains to a winner of an election, means that for such election: 1) The results have been certified; 2) Any required bond has been posted; and, 3) The winner has taken and subscribed an oath in compliance with the appropriate statute, or if none is specified, that he/she will faithfully and impartially discharge the duties of the office to the best of her/his ability. This oath or affirmation shall be administered and certified by any officer or notary public authorized to administer oaths, without charge therefor. 7 In accordance with RCW 29A.60.280, the oath of office must be taken as the last step of qualification as defined in RCW 29A.04.133 but may be taken either: 1) Up to ten days prior to the scheduled date of assuming office; or, 2) At the last regular meeting of the Council held before the winner is to assume office. 5 Council contacts with staff. (a) The Council, Council members, Council committees, and Council committee members shall not give any directives, assign any tasks, nor give any orders to City staff either publicly or privately.6 (b) Neither the Council nor its members shall direct or request the appointment to nor the removal from office of any of the City Manager's subordinates. Nothing in the Pasco Municipal Code nor state law shall be construed to prohibit the Council, while in open public session, from fully and freely discussing with the City Manager anything pertaining to the appointments and removal of City officers and employees and City affairs.4 6. Council contacts with others. (a) Council members who meet with, speak to, or otherwise appear before a community group or another governmental agency or representative must clearly state if his/her statement reflects her/his personal opinion as an individual Council member or if it is the official stance of the Council. (b) When Council members represent the City or attend meetings in an official capacity as Council member, they must support and advocate the official City position on an issue, not a personal viewpoint. (c) Once the City Council has taken a position on an issue, all official City correspondence regarding the issue will reflect the Council's adopted position. (d) City letterhead shall not be used for correspondence of Council members representing a dissenting point of view from an official Council position. (e) As a matter of prudence, any communication by an individual Council- member that does not express an official and established Council position may be shared with the full Council. (f) In accordance with a policy adopted by the City Council, the Council will consider and process requests for letters of support submitted by non-profit organizations regarding prospective and/or existing programs, services, plans, proposals, applications, etc. utilizing the procedure outlined in the 6 RCW 35A.13.120. See also RCW 35.18.110 and 35.18.150. 8 policy, which includes initial review and recommendation by the Council Partnerships Committee and eventual consideration and action by the full Council. (g) In accordance with a policy adopted by the City Council, the Council may consider requests to support or oppose ballot measures utilizing the procedure outlined in the policy, which includes initial review and recommendation by the Council Partnerships Committee regarding whether the Council should conduct or not conduct a public hearing on the ballot measure at issue and eventual consideration and action by the full Council. Should the Council vote to conduct a public hearing on the request to support or oppose a ballot measure, following such hearing the Council may vote to support the ballot measure, vote to oppose the ballot measure, or take no further action. (h) Council contacts with the media shall be handled in the following manner: (a) The Mayor is the designated representative of the Council to present and speak on the official city position. Councilmember(s) contacted by the media should clearly communicate that their comments represent their own personal viewpoint or the official city position if the subject was passed and approved by a majority Council vote; b) Councilmembers should avoid going “off the record” when interacting with the media to preserve journalistic integrity; and c) comments with the media should be deliberate, words chosen with caution and careful consideration of being taken out of context, and appropriate language absent antagonistic remarks, sarcasm, and profanity should be used. 7. Filling a Council vacancy. If a vacancy occurs in the office of Council member, the Council will follow the procedures outlined in RCW 42.12.070 and the Municipal Code. In order to fill the vacancy with the most qualified person available until an election is held, the Council will widely distribute and publish notice of the vacancy, the procedure by which the vacancy will be filled, and how to obtain an application form. 8. Council Committees. The Council may, by majority vote, establish committees consisting of Council- members to assist the Council in examining policies, proposals, and issues that may come before it in greater depth and detail. Each established Council committee shall consist of up to three (3) Council members and an alternate. Each committee shall choose its own chair. The work of Council committees is a legislative function of the Council and is directed, in part, by the adopted Council Strategic Plan. 9 Council committees shall examine policies, proposals, and issues assigned to them by a majority vote of the Council. Issues, proposals, and items generated independently by Council committees or individual Council members will not be examined, reviewed, or pursued by City staff without direction having been given to the City Manager to do so by a majority vote of the Council. Council committees shall report on their activities and make recommendations for action to the full Council during Council meetings. Any action regarding Council committee recommendations shall be determined by a majority vote of the Council. No activity of a Council committee shall serve to limit information about policies, proposals, and issues assigned to it by a majority of the Council from reaching the full Council in a timely way. No Council committee shall substitute its judgement for the judgement of the full Council. Unless expressly granted by the full City Council, Council committees do not have the power or authority to commit the City nor to take any binding action on behalf of the full Council. C. MEETINGS. 1. Regular meetings - Time of meeting Regular meetings of the Council shall be held on the first and third Mondays of each month, unless otherwise changed. Regular meetings shall convene at 7:00 p.m., provided that if a scheduled Regular Council meeting falls on a legal holiday, the meeting shall be held at 7:00 p.m. on the first business day following the holiday.7 2. Regular meetings - Place of meetings. (a) City Hall. Unless notice is given pursuant to Rule C.2.b. of these Rules, all regular meetings of the Council shall be held in the City Council Chambers on the first floor of City Hall, located at 525 N. 3rd Avenue, Pasco, WA 99301 , and all study session meetings shall be held either in the City Council Chambers or another properly noticed location. (b) Changed meeting place. Any meeting of the Council may be held at a place other than that required by Rule C.2.a. hereof on proper notice of a changed meeting place. (c) Special meetings 7 PMC 2.05.010. 10 Special meetings may be called by the Mayor/Chair or by a majority of the members of the Council pursuant to RCW 42.30.080. Types of special meetings that may be called include study sessions, Council briefings, retreats of the Council, joint meeting with another elected body, and emergency meetings (see C 6 below). 3. Meetings - Items considered. At regular meetings of the City Council, no action shall be taken on any item(s) not appearing on the posted agenda of such meeting, provided that the City Council may, by a majority vote, add items to the meeting agenda at – during – the meeting where warranted, to address emergencies and/or matters calling for prompt action. 4. Quorum. Four members of the Council shall constitute a quorum thereof for the transaction of business. Except as otherwise specified by law or the Municipal Code, a majority vote of the Council members shall be required and shall be sufficient to transact any business before the Council.8 5. Executive Sessions. If the City Council intends to hold an executive session, it shall be held pursuant to the Open Public Meetings Act, RCW Chapter 42.30, and particularly, RCW 42.30.110. The Council may hold an executive session during a regular or special meeting. Before convening in executive session, the Chair, shall publicly announce the purpose for adjourning into executive session; the approximate length of time for the executive session; and the likelihood of the Council taking action at the close of the executive session and return to open session. (a) At the close of the executive session and upon the Council's return to the Council Chambers, the Presiding OfficerChair declares that the Council is out of executive session and asks for the appropriate motion (i.e. an action motion or a motion to adjourn). (b) Councilmembers shall keep confidential all written materials and verbal information provided to them during Executive or Closed Sessions and as provided in RCW 42.23.070,9 to ensure that the City’s position is not 8 PMC 2.05060. Note: Per RCW 35A.12.120, certain actions require the affirmative vote of a majority of the whole Council, which would mean that if a quorum of four members were in attendance (so that the Council meeting could commence), all four members would have to vote for the proposition in order for it to pass. 9 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. 11 compromised. Confidentiality also includes information provided to Councilmembers outside of Executive Sessions when the information is considered by the exempt from disclosure under exemptions set forth in the Revised Code of Washington. (c) Confidentiality also includes information provided to Council members outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers (RCW 42.524) and/or the Public Records Act (RCW 42.565). 6. Emergency meetings. (a) Emergency meetings of the Council may be called by the Mayor or any two Council members pursuant to RCW 42.14.075.10 (b) Meeting time, location, and notice requirements do not apply to emergency meetings called for emergency matters as permitted by RCW 42.30.070, RCW 42.30.080,11 and RCW 42.14.075. RCW 42.30.070 in the Open Public Meetings Act provides: “If, by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by a governing body to meet the emergency, the presiding officer of the governing body may provide for a meeting site other than the regular meeting site and the notice requirements of this chapter [the Open Public Meetings Act] shall be suspended during such emergency.” (d) Emergency meetings are open to the public, unless the meeting is an exempt emergency executive session pursuant to RCW 42.30.110 entitled “Executive sessions.” 7. Meeting Agendas (a) The meeting agendas - order of business - of regular City Council meetings shall consist of the following: (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 acquire d 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. 10 RCW 42.14.075 provides: “Whenever, due to a natural disaster, an attack or an attack is imminent, it becomes imprudent, inexpedient or impossible to conduct the affairs of a political subdivision at the regular or usual place or places, the governing body of the political subdivision may meet at any place within or without the territorial limits of the political subdivision on the call of the presiding official or any two members of the governing body. 11 RCW 42.30.080 provides, in part, as follows: “(4) The notices provided in this section [RCW 42.30.080] may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likeli hood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage.” 12 First Call to order Second Roll call Second (a) Pledge of Allegiance (regular business meetings only) Third Consent agenda (including approval of minutes and bills and communications) Fourth Proclamations and Acknowledgments Fifth Visitors/other than agenda items Sixth Reports from committees and/or officers Seventh Public hearings and Council action on ordinances relating thereto Eighth Ordinances not relating to public hearings and resolutions Ninth Unfinished business Tenth New business Eleventh Miscellaneous Council discussion Twelfth Adjournment.12 (b) Consent agenda. Any Councilmember may request any ordinance, resolution, rule, regulation, order, directive, bills or minutes be placed on the consent agenda for adoption or approval. All such items on the consent agenda shall be voted on at one time by one roll call vote. Any Councilmember or visitor at a Council meeting may request that any item, which has been placed on the consent agenda, be removed from the consent agenda and such item shall then be considered at the appropriate time and in the appropriate order pursuant to PMC 2.05.020.13 8. Use of electronic devices during Council meetings. 12 PMC 2.05.020. 13 PMC 2.05.050. 13 (a) Councilmembers shall not access, send, or receive any type of electronic communications concerning any matter pending before the Council during a Council meeting.14 The only exceptions to this Rule are: (i) Accessing Council meeting-specific agenda and packet information;15 (ii) Accessing meeting notes and/or resource or research material specific to matters pending before the Council;13 (iii) Family or emergency situations that may time to time arise. With respect to this exception, a Councilm Member shall seek to be excused from the meeting to avoid distraction of other Members from discussions, should such interaction exceed more than a few moments in length; or (iv) Local, state, or federal news alerts, announcements, and matters when deemed appropriate. D. PROCEDURE - ORDER AND DECORUM 1. Councilmember remarks. Councilmembers who wish to speak shall address the Mayor/Presiding OfficerChair, and when recognized, shall confine themselves to the question under debate. 2. Questioning by Councilmembers. Any member of the Council, and the Mayor, shall have the right to question any individual, including members of the staff, on matters related to the issue properly before the Council for discussion. 3. Obligation to the City. Notwithstanding the right of Councilmembers to express their independent opinions and exercise their freedom of speech, Councilmembers should act in a way that reflects positively on the reputation of the City and of the community. Councilmembers shall also interact with other members of the City Council and City staff in respectful ways that promote effective local government. 4. Conduct during debates. 14 In addition to being a violation of these rules, inappropriate use of electronic devices during Council meetings may implicate the City and the errant Councilmember(s) (personally) in legal entanglements and litigation and possible penalties regarding potential violations of the Open Public Meetings Act, and/or the Public Records Act, as well as appearing inappropriate to the public if such actions are evident to persons in attendance at the meeting or watching the Council proceedings on social media. 15 If Council members do use electronic devices during a meeting for a purpose relevant to City business, such messages must be archived in accordance with direction provided by the Washington State Attorney General. 14 (a) Speaking to the motion/matter being considered by the City Council, no Councilmember shall speak more than twice on the same motion except by consent of the Presiding OfficerChair or a majority of the Councilmembers present at the time the motion is before the Council. (b) The Councilmember who made a motion shall be permitted to speak to it first. The Presiding OfficerChair may also allow discussion of an issue before stating a motion when such discussion would facilitate wording of a motion. (c) The Presiding OfficerChair shall recognize Councilmembers in the order in which they request the floor. If two or more members of the Council desire to be heard at the same time, the Presiding OfficerChair shall name the member who is to speak first. (d) No Councilmember, or the Presiding OfficerChair, shall interrupt or argue with any other member while such member has the floor, other than the Presiding Officer’sChair’s duty to preserve order and decorum at the meeting, or as warranted to address a Parliamentary Point of Order or a Point of Privilege. (e) Any member of the Council shall have the right to challenge any action or ruling of the Presiding OfficerChair, in which case the decision of the majority of the members of the Council present shall govern. 5. Parliamentary procedures and motions. (a) Unless specifically provided in these rules, all City Council meeting discussions shall be governed by ROBERTS RULES OF ORDER, NEWLY REVISED (latest edition). (b) If a motion does not receive a second, it dies. Matters that do not constitute a motion (and for which no second is needed) include nominations, withdrawal of motion by the person making the motion, request for a roll call vote, and point of order or privilege. (c) A motion that receives a tie vote fails. Except where prohibited by law, the Mayor/Presiding OfficerChair shall be allowed to vote to break a tie vote. (d) Motions shall be stated in the affirmative. For example, “I move to approve” as opposed to “I move to reject.” Councilmembers shall be clear and concise and not include arguments for the motion within the motion. (e) After a motion has been made and seconded, the Councilmembers may discuss their opinions on the issue prior to the vote. 15 (f) If any Councilmembers wish to abstain from a vote on a motion, such Councilmembers shall promptly advise the Chair, giving the reason(s) for the abstention or being excused from voting, and shall remove and absent themselves from the deliberations and considerations of the motion, having no further participation in the matter. Such Councilmembers should make this determination before any discussion or participation on the subject matter or as soon thereafter as the Councilmembers identifies a need to abstain. Councilmembers may confer with the City Attorney to determine whether the individual Councilmember is required to abstain. (g) A motion to table is non-debatable and shall preclude all amendments or debates of the issue under consideration. A motion to table effectively removes the item without a time certain. A motion to table to a time certain will be considered a motion to postpone as identified in Section (h) below. To remove an item from the table requires a two-thirds' majority vote. (h) A motion to postpone to a certain time is debatable, is amendable and may be reconsidered at the same meeting. The question being postponed must be considered at a later time at the same meeting, or to a time certain at a future Regular or Special City Council meeting. To remove an item from postponement in advance of the time certain requires a two -thirds’ majority vote. (i) A motion to postpone indefinitely is debatable, is not amendable, and may be reconsidered at the same meeting only if it received an affirmative vote. (j) A motion to call for the question shall close debate on the main motion and is not debatable. This motion must receive a second and fails without a two - thirds' vote; debate is reopened if the motion fails. (k) A motion to amend is defined as amending a motion that is on the floor and has been seconded, by inserting or adding, striking out, striking out and inserting, or substituting. (l) Motions that cannot be amended include: Motion to adjourn, lay on the table (table), roll call vote, point of order, reconsideration and take from the table. (m) Amendments are voted on first, then the main motion as amended (if the amendment received an affirmative vote). (n) Debate on a motion only occurs after the motion has been moved and seconded. (o) The Presiding OfficerChair, City Attorney or City Clerk should repeat the motion prior to voting. 16 (p) When a question has been decided, any Councilmember who voted with the prevailing side may move for reconsideration at the same, or the next meeting. In order to afford Councilmembers who voted with the prevailing side the potential basis for a motion for recon sideration, Councilmembers who voted with the prevailing side may inquire of Councilmembers who voted with the minority as to the reasons for their minority vote, if not stated during debate prior to the vote. A motion for reconsideration is debatabl e if the motion being reconsidered was debatable. If the motion being reconsidered was not debatable, the motion for reconsideration is not debatable. (q) The City Attorney shall act as the Council’s parliamentarian and shall advise the Mayor/Presiding OfficerChair on all questions of interpretations of these rules which may arise at a Council meeting. 6. Voting. (a) Voice vote. Voice vote. A generalized verbal indication by the Council as a whole of “aye or yes” or “nay or no” vote on a matter, the outcome of which vote shall be recorded in the official minutes of the Council. Silence of a Councilmember during a voice vote shall be recorded as a vote with the ultimate majority, except where a Councilmember abstains I accordance with Subsection D.6.(c), below in which case, the silence shall not be counted in the vote tally. If there is uncertainty as to the outcome of a voice vote, the Presiding OfficerChair, or any Ccouncilmember, may ask for a raise of hands for the ayes or nays. (b) Roll Call Vote. A roll call vote may be requested by the Presiding OfficerChair or by any Councilmember. The City Clerk shall conduct the roll call vote. (c) Abstentions. It is the responsibility of each Councilmember to vote when requested on a matter before the full Council. A Councilmember may only abstain from discussion and voting on a question because of a stated conflict of interest or appearance of fairness issue. 7. Comments, concerns and testimony directed to the City Council. 17 (a) Persons addressing the Council, who are not specifically scheduled on the agenda, will be requested to step up to the podium, give their name and city of residenceaddress for the record, and limit their remarks to three (3) minutes, in addition to filling out the speaker sign -in sheet available at the City Clerk’s desk or at a designated location in the council chambers. No person may “donate” their time to another speaker . All remarks will be addressed to the Council as a whole. The City Clerk shall serve as timekeeper. The Presiding OfficerChair may make exceptions to the time restrictions of persons addressing the Council when warranted, in the discretion of the Presiding OfficerChair. (b) Any person who causes actual disruption by failing to comply with the allotted time established for the individual speaker’s public comment, making personal attacks, using demeaning and antagonistic remarks based on prejudice or biashate speech, making slanderous remarks or other disruptive conduct while addressing the Council shall be barred from further participation by the Presiding OfficerChair, unless permission to continue is granted by a majority vote of Councilmembers present. (c) The three (3) minute designation shall be electronically timed by means of a suitable device with the City Clerk as the designated time keeper. E. PUBLIC HEARINGS AND APPEALS. 1. Quasi-judicial hearings; (a) Quasi-judicial hearings require a decision be made by the Council using a certain process, which may include a record of evidence considered and specific findings made. The following procedure shall apply: (b) The City Manager or Department Director of the department most affected by the subject matter of the hearing, or that Director’s designee, will present the City’s position and findings. Staff will be available to respond to Council questions. (c) The proponent spokesperson(s) shall speak first and be allowed (10) minutes. Council may ask questions. (d) The opponent spokesperson(s) shall be allowed ten (10) minutes for presentation and Council may ask questions. (e) Each side shall then be allowed five (5) minutes for rebuttal, with the proponent spokesperson speaking first, followed by the opponent spokesperson. 18 (e)(f) When a number of people want to speak to a common topic or issue than the Council may assign a limit regarding the total amount of time dedicated to a single issue. (f)(g) The City Clerk shall serve as timekeeper during these hearings. (g)(h) After each proponent and opponent spokesperson have used their speaking time, Council may ask further questions of the speakers, who shall be entitled to respond but limit their response to the question asked. (h)(i) The City Council may then deliberate on open session or in closed session and thereafter render its decision.16 2. Other public hearings. (a) Public hearings (other than quasi-judicial hearings) where a general audience is in attendance to present arguments for or against a public issue: (b) The City Manager, Department Director or designee shall present the issue to the Council and respond to questions. (c) A person may speak for three (3) minutes. No one may speak for a second time until everyone who wishes to speak has had an opportunity to speak. The Presiding OfficerChair may make exceptions to the time restrictions of persons speaking at a public hearing when warranted, in the discretion of the Presiding OfficerChair. (d) The City Clerk shall serve as timekeeper during these hearings. (e) After the individual speakers have used their allotted time (before moving on to the next speaker), Council may ask questions of the speaker and the speaker may respond, but may not engage in further debate. (f) The hearing will then be closed to public participation and open for discussion among Councilmembers. (g) The Presiding OfficerChair may exercise changes in the procedures at a particular meeting or hearing, but the decision to do so may be overruled by a majority vote of the Council. F. SUSPENSION OF RULES. 16 RCW 42.30.140. 19 The application of these Rules to any matter(s) coming before the City Council may be suspended, other than where such suspension would be contrary to state law or the Pasco Municipal CodeCity Ordinance. Furthermore, these Rules of Procedure of the Council shall not be suspended without the vote of a majority of all of the members of the Council. G. AMENDMENT OF RULES. These Rules of Procedure will evolve as conditions dictate. They are intended to be flexible and adaptable to specific circumstances. In accordance with best practices, these Rules of Procedure should be reviewed and evaluated on a periodic basis and amended as necessary. Amendment to these Rules may be made at any meeting of the Council held after the proposal to amend the Rules has been properly noticed and shared with all Councilmembers. In order to be effective, the proposed amendment (s) to these Rules shall be approved by a majority of all members of the Council. H. RECORDING OF RULES. These rules and all subsequent amendments thereto shall be recorded and kept by the City Clerk, and each member of the Council shall be furnished with a copy thereof in a form convenient for their reference. I. ENFORCEMENT OF RULES OF PROCEDURE. Councilmembers shall conform their conduct to the requirements, standards and expectations set forth in these Rules of Procedure. In addition to and notwithstanding whatever other enforcement mechanisms may exist for legal, ethical or practical obligations on Councilmember performance or conduct, violations of these Rules of Procedure by Councilmembers may be enforced by action of the City Council through sanctions such as votes of censure or letters of reprimand, and such other action as may be permitted by law.