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RESEARCH TOOLS › MRSC INQUIRIES › Legislative Body
Reviewed 06/02

MRSC Inquiries

Legislative Body

Contents:

Absences

  1. When a councilmember in a mayor-council city misses a council meeting, does the mayor or council excuse the absence? Does the absence need to be voted on?

    RCW 35A.12.060, which applies to mayor-council code cities, provides:

    ... a council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council.

    (See also RCW 35.27.140, pertaining to towns, and RCW 35.23.101 pertaining to second class cities).

    So, it is the council and not the mayor that either excuses, or not, any absences by councilmembers. The council may, at its discretion, declare a position vacant if a councilmember is absent for three consecutive regular meetings without the permission of the council. In order for the council to act, one way or the other, it would have to vote on the matter. Council rules of procedure typically establish some sort of process for councilmembers who know they are going to be absent for a meeting to contact the mayor or clerk to inform them of that fact. Then, following the roll call at the meeting, the presiding officer (usually the mayor) will inform the council of the members absence and ask for a motion to excuse the member. If the motion is passed by a majority of the members present, the absence is excused.

  2. May councilmember absences from council meetings be excused after-the-fact?

    Yes, unless local council rules would not allow this. There is nothing in state law that controls how absences from council meetings are excused. As a practical matter, it makes sense that the council should be able to do so after-the-fact, because there may often be circumstances where advance notice of an absence may not be possible, such as in a personal emergency.

Abstentions

  1. How are abstentions from voting treated?

    For example, if a council vote is 2-1 in favor of a motion with 5 members present, and two members abstain, does the motion fail? If we assume that the city follows Robert's Rules of Order, the motion passes. The basic principles in Robert's concerning abstentions are as follows:

      Abstentions do not count as a vote. Rather it is the absence of one.

      An abstention does not affect the voting result.

      A member has a right to abstain and cannot be compelled to abstain.

      A member has an obligation to abstain if he or she has a direct personal interest in the matter being voted on.

    In this case, a majority of those who voted were in favor of the motion and so it passed. There was a quorum that voted on the issue. This is not the case where a state law requires that a certain number of affirmative votes are required to enact the motion. If, for example, a state law requires three affirmative votes (in the case of a five-member council) to adopt, then the matter would not have passed because an abstention does not count as an affirmative vote.

    See Robert's Rules of Order Web site which has a question on this issue. Also, see Robert's Rules of Order, Newly Revised, Chapter 1, §1, and Chapter 13, §43.

Administrative Oversight

  1. To what extent does council get involved in personnel issues in a council-manager city?

    In a non-charter code city with a council-manager plan of government how much involvement can the mayor and council have in personnel matters? Should the city manager report all personnel incidents and allow the council to discuss whether the manager's proposed discipline is appropriate? What personnel matters should be shared with the mayor and council?

    How much involvement does the mayor and council have in personnel matters? The easy answer is, except for the setting of policy, creation of new positions, and setting salary and compensation, the mayor and council have little or no role as to personnel issues. This conclusion is borne out, at least in principle, by RCW 35A.13.080(1), which gives the manager "general supervision over the administrative affairs of the city." Subsection (2) of the statute vests the manager with the authority to appoint and remove all department heads, officers, and employees. And RCW 35A.13.120 provides in part:

      Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or his removal from, office by the city manager or any of his subordinates. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the manager and neither the council nor any committee or member thereof shall give orders to any subordinate of the city manager, either publicly or privately.

    So, unless the manager chooses to involve the council, the council has virtually no role as to day-to-day personnel issues.

    From a practical standpoint, though, councils do take interest in personnel matters. And managers, who are appointed and subject to removal by the council, will often accommodate the council's interest, by at least advising the council of significant daily personnel matters. But this is by choice, rather than by requirement. However, council may be able to obtain some information from the manager, as a matter of right, if it is to, presumably, establish a new policy or determine whether a current policy is being carried out correctly. Thus, while "on paper," the council has minimal involvement is personnel issues, in real life, it does assume some role, with the manager's concurrence.

    Should all personnel incidents be reported to the council? No, not generally. But, if there is an issue of great notoriety---a misdeed by an employee lands on the first page of the newspaper---the manager may want to give council a report, as the council will undoubtedly be very interested. Should the manager discuss possible discipline with the council? Again, not generally, as that is entirely up to the manager to decide and, unless the underlying incident is severe (like the uncovering of embezzlement), the council simply does not have a role.

    In quick summary, under the law, the council is not entitled to much information or involvement in personnel matters. Often, though, the manager will choose to give the council information, while reserving personnel decisions---hiring, firing, discipline---to himself or herself.

Agenda

  1. Who has the authority to set the council agenda in a town?

    The basic authority for establishing an agenda for town council meetings rests with the council under its authority to adopt rules of procedure. See RCW 35.23.270. The form of an agenda may be prescribed by ordinance or resolution, by town council rules, or simply by informal custom and practice. In many towns preparation of the agenda is delegated to the mayor, clerk and/or administrator, and this system seems to work satisfactorily in most cases. However, it is possible for the council to establish formal rules and regulations for the preparation of the agenda and to indicate in those rules who may place items on the agenda and how they are to be placed on the agenda.

  2. What time requirements do other cities require for distributing the meeting agenda to council members before the upcoming meeting?

    Burien Council Rule §3.8: Requires agendas to be ready to be distributed to the council by 5:00 p.m. on the Thursday before the following Monday's council meeting.

    Des Moines Council Rule 9: Requires that the agenda and supporting materials be available on or before 4:30 p.m. two working days before a regular council meeting.

    Federal Way Council Rule 3.8: Requires that agendas must be finalized by noon on Tuesday, one week prior to the meeting. Agenda materials are to be available to the council on the Friday before the meeting.

    Kennewick Council Rule 5.2: Requires the clerk to furnish the council with a copy of the agenda at least 8 business hours prior to the council meeting, and under normal circumstances on the Friday preceding regular meetings.

    Redmond Municipal Code §2.04.070: The agenda is to be transmitted to the mayor and council members at least 96 hours prior to the time of the meeting.

    Tukwila Municipal Code §2.04.140: Requires final agenda to be distributed to council no later than 12:00 noon on Friday preceding the council meeting.

  3. Does the mayor have the authority to control which items are placed on the agenda for a council meeting?

    The agenda for a council meeting ultimately should be controlled by the council, not the mayor. Although the mayor is usually the presiding officer at the meeting, he or she does not have the authority to refuse to place on the agenda items the council wishes to discuss.

  4. Does the mayor in a mayor-council city have the authority to control which items are placed on the agenda for a council meeting?

    The agenda for a council meeting ultimately should be controlled by the council, not the mayor. Although the mayor is usually the presiding officer at the meeting, he or she does not have the authority to refuse to place on the agenda items the council wishes to discuss.

    For more information on the role of mayors and councilmembers see:

  5. Request for sample "no surprises" council rules that regulate how things go to the council to ensure complete staff work and review prior to introduction.

    Many city councils have adopted rules that establish procedures for introducing items for council consideration, including procedures regulating the agenda preparation process and other preliminary steps that require some level of administrative review and/or preparation of background and supporting information prior to submitting an item for council consideration.

    Here are some sample provisions that may be helpful (links are provided where the full text is available on our Web site):

    Port Townsend

    1.11 "Three Touch Rule" Defined. The following procedures are designed to prevent "surprises" to the City Council and citizens as much as possible. Decision makers at all levels of the City should have adequate time to thoughtfully consider the issues prior to the final decisions.

    (a) Qualifying Conditions - Any subject or proposal for adopting or changing public policy, ordinances, resolutions or City Council directives which will eventually result in a decision of the City Council. The subject should "touch" (verbal,written or any combination thereof) the persons or groups, who may eventually recommend or approve a final action, three separate times. Quasi-judicial matters and any subject discussed in executive sessions are excluded from the "Three Touch Rule."

    (b) Three Touch Rule Elements:

    1. First Touch - A deliberate, verbal or written statement or notification that a given subject is being considered or developed for future consideration along with a preliminary estimate of the time lines involved.

    2. Second Touch - A more detailed review / discussion of the proposal with adequate preparation made or personnel available to answer most questions and receive preliminary feedback from Council members.

    3. Third Touch - A presentation (verbal or written as appropriate) of final details of the proposal in the appropriate draft proposal form which could be adopted as amended or referred to further process before final action.

    (c) The "Three Touch Rule" is a general guide to help prevent surprises for elected officials, the city administration and the citizenry.

    (d) It is recognized that, on occasion, routine, time-sensitive, unknown and/or emergency circumstances may arise wherein utilization of the "Three Touch Rule" is impossible, impractical, or not necessary. The hands of decision makers to respond appropriately should not be tied unnecessarily. However, when routine, time-sensitive, unusual circumstances and/or emergency conditions arise which justify an expedited decision making process, the persons requesting the expedited decision should explain the circumstances. The intention of the "Three Touch Rule" is to promote pre-discussion, allowing time for an unhurried decision.

    Bothell

    8.05 Placing Items on the Agenda

    A. Agenda Planning Committee

    All matters to be presented to the City Council at its regular meetings are reviewed by the Agenda Planning Committee. The Executive Management Team and City Clerk comprise the Agenda Planning Committee.

    The City Manager and Mayor will review the agenda prior to the regular meeting.

    B. City Council

    A Council Member may request an item be considered on a future agenda either by making an oral request at a City Council meeting or submitting the request in writing to the City Clerk or City Manager at least ten working days prior to the meeting for which the item is requested to be placed on the agenda. The item shall be presented to the Agenda Planning Committee to schedule the item.
    The City Council will review the projected agenda document at all regular meetings and agree to change the projected agenda if a majority chooses to do so.

    C. Advisory Bodies and Civic Organizations

    Advisory bodies of the City Council and other civic agencies (i.e., Chamber of Commerce, Greater Bothell Association) may submit items for Council by submitting a request in writing to the City Clerk or City Manger at least 15 working days prior to the meeting for which the item is requested to be placed on the agenda.

    D. Members of the Public

    A member of the public may request an item be placed on a future agenda while addressing the City Council during a regular meeting and/or by submitting the request in writing to the City Council, through the City Clerk's office. In order to allow sufficient time for Council to review, and staff to research the matter, the request should be submitted at least 15 working days prior to the meeting for which the item is requested to be placed on the agenda. Once the issue has been placed on the agenda, the City Clerk will notify the requester so that he or she may plan to attend the meeting.

    E. Emergency Items

    Emergency items may be added to an agenda in accordance with state law. Emergency items are only those matters immediately affecting the public health, safety and welfare of the community, such as widespread civil disorder, disasters, and other severe emergencies. The reason(s) for adding an emergency item to the agenda shall be announced publicly at the meeting, and the issue shall be included in the minutes of the meeting.

    8.06 Development of the Agenda

    Staff is required to submit an agenda bill or study session memorandum form for each topic of discussion on the City Council agenda. The deadline for submitting these forms is 10:30 a.m., at the Agenda Planning Meeting two Tuesdays prior to the date of the meeting for which the item is scheduled. The forms must include supporting documentation, including any information requested by Council at the previous Council meeting. It is the responsibility of the submitting department to obtain City Attorney review and approval of the agenda bill and/or study session memorandum prior to submittal to the Finance Division. The Finance Division will have determined the fiscal impact of each agenda bill/study session memorandum prior to the City Manager's approval.

    Please see the Agenda Process Administrative Order for additional information on the agenda process.

    Given the rigorous time frame for agenda development, it is extremely difficult for staff to compile or prepare information requested at a Monday night meeting in time for the Tuesday agenda bill/study session memoranda deadline.
    The Council will receive follow-up information at the second Council meeting following the date it is requested. This would allow staff sufficient time to prepare reports that require additional investigative research and/or additional time due to complexity of subject matter.
    ....

    Prior Administrative Review

    All ordinances and resolutions shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or the City Attorney's authorized representative, and shall have been first referred for review to the head of the department under whose jurisdiction the administration of the subject matter of the ordinance or resolution would devolve, and shall further have been presented to the City Manager or authorized representative for review.
    Ordinance Preparation

    The City Attorney shall review all ordinances. The City Attorney shall prepare no ordinance unless ordered by a majority vote of the Council or requested by the City Manager.

    Port Angeles

    Sec. 7 - Agenda. The City Manager shall prepare the agenda of business for all regular Council meetings. Any Council member, department head, or citizen desiring to place a matter on the agenda shall notify the City Manager by twelve o'clock noon on the Wednesday preceding the Council meeting. Every agenda item must be supported by a written explanation informing the Council and staff of the issue, background and/or analysis, and recommendation and/or conclusion, unless the item is self-explanatory or unless the Mayor or City Manager has waived this requirement. All written materials for the agenda shall be delivered to the City Manger by twelve o'clock noon on the Friday preceding the Council meeting. Except for announcements, late items that the City Manager does not receive by the stated deadlines shall not be considered by the Council except upon a majority vote of the members present.

    (Port Angeles Resolution No. 20-96)

    Kennewick

    6.3 Ordinances - Introduction: All proposed ordinances shall be prepared by the City Attorney and bear his certification that they are in correct form. The City Manager shall attach to each proposed ordinance a brief digest of the provisions thereof and where it is proposed to amend an existing ordinance; such digest shall indicate the change sought to be made; said digest shall also show the name of the department or party at whose request the proposed ordinance was prepared by the City Attorney (KMC 2.04.150).

    6.4 Distribution of Ordinances: The City Clerk shall prepare copies of all proposed ordinances for distribution to all members of the Council at least twenty-four (24) hours before the Council meeting at which the ordinance is to be introduced. If the ordinance carries an emergency clause, copies of the ordinance must be distributed at least twelve (12) hours prior to the meeting of the Council at which said ordinance is to be considered (KMC 2.04.150).

    Edgewood

    SECTION 3.

    AGENDA PREPARATION

    3.1 The City Clerk will prepare an agenda for each Council meeting specifying the time and place of the meeting, and set forth a brief general description of each item to be considered by the Council. The agenda is subject to approval by the Mayor and the City Manager.

    3.2 An item may be placed on a Council meeting agenda by any of the following methods:

    (1) A majority vote of the Council;
    (2) Council consensus;
    (3) By any two (2) Councilmembers;
    (4) By the City Manager;
    (5) By a Council committee.
    (6) By the Mayor.

    3.3 An item may be placed on a regular Council meeting agenda after the agenda is closed and the notice published if the Councilmember or City Manager explains the necessity and receives a majority vote of the Council at a public meeting.

    ...

    3.8 Agendas will be finalized by the end of the business day on the Wednesday preceding the regular Council meeting. Packets will be available for Council pick up by 5:00 PM on Friday preceding the regular Council meeting. Agenda materials will be available at City Hall for the Council, City staff, media and public on Friday at 5:00 PM before the regular Council meeting.

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Citizen Boards and Commissions

  1. Advisory Boards - Are there any statutory age requirements for serving on an advisory board to a city council?

    No. Consequently, it would be permissible, for example, to have high school-age persons on an advisory board.

  2. Request for information on procedures for creating and appointing a citizen advisory board for the city council.

    Please see the following Web resources:

    The following are excerpts from a few council procedure manuals pertaining to the creation, selection and appointment of citizen advisory boards:

    Port Townsend

    4.2 General Rules Applicable to Citizen Advisory Boards

    SECTION 4.2.1 Definitions

    An "Advisory Board" means any Committee or Commission created by the City Council to give advice on subjects and perform such other functions as prescribed by the City Council. Advisory Board also includes task forces, informal committees, or working groups formed by City Council resolution for short periods of time or for specific tasks.

    SECTION 4.2.2 Purpose and Application

    The purpose of this section is to establish general provisions applicable to all Advisory Boards. The provisions of this resolution govern Advisory Boards unless otherwise specifically provided by ordinance, motion or resolution of the City Council, or as may be required by state law. In establishing an Advisory Board, the Council shall consider the following:

    1. Scope of work, and clear task description
    2. Term of board - sunset provision
    3. Membership, nomination and confirmation process, and residency or other special member requirements
    4. Terms of office
    5. Place of board within City or Council structure - who does board report to?
    6. Councilmember liaison (if any)
    7. Time frames for board action on tasks
    8. Time frames for Council or Committee action; for example, periodic review or interim reports
    9. Staffing (if any) for board, and which City Department bears any staffing responsibility or expense for Board
    10. Any other matters appropriate to the Board's work

    SECTION 4.2.3 Scope of Work

    A. Each Advisory Board, when it is formed, will have a specific statement of purpose and function, which will be re-examined periodically by the City Council to determine its effectiveness. This statement of purpose, as well as other information regarding duties and responsibilities, will be made available to all members when appointed.

    B. The City Council may determine any specific guidelines or tasks to be referred to the Advisory Board by motion or resolution

    C. Each Advisory Board shall develop a scope of work, within the jurisdiction and area of responsibility consistent with the City Council resolution forming the Board.

    SECTION 4.2.4 Membership, Nomination and Confirmation Process, and

    Residency Requirements

    The number of members and any specific qualifications of each Advisory Board shall be set forth by resolution of the City Council.

    Unless otherwise specifically provided by applicable resolution or motion, or as may be required by state law, the following procedures and requirements shall apply to all members of each

    Advisory Board:

    A. Each person at the time of nomination and continuing uninterrupted thereafter while serving on an Advisory Board, shall be a resident of and/or work in the City of Port Townsend.

    B. Each person to be appointed shall be nominated by the Mayor for a specific numbered position on each Advisory Board.

    C. Each person shall e deemed appointed and shall commence service after confirmation by the City Council or on the effective date of the previous member's resignation, or on the expiration of the existing term for the position, as applicable.

    D. Each confirmation motion by the Council shall include ending date and term for the position to which the person is appointed and such information shall be entered into the Council minutes.

    SECTION 4.2.5. Officers - Identification and Election

    Each Advisory Board shall elect from its membership a presiding officer who shall be referred to as chairman, chairwoman, or chairperson, as determined appropriate by the Advisory Board, and such officer shall serve for one year, or until the Board discontinues its operation, whichever is shorter. The Advisory Board may elect other officers as it deems necessary and such officers shall be set forth in the rules of procedure adopted by the Advisory Board.

    SECTION 4.2.6. Quorums, Transacting Business

    A majority of the appointed members of the Advisory Committee shall constitute a quorum for the transaction of business. An affirmative vote of the majority of a quorum in attendance at any meeting shall be necessary to transact business or carry any proposition.

    SECTION 4.2.7. Terms of Office and Vacancies

    Appointments to boards shall be provided for in the resolution establishing or providing for a board. Vacancies shall be filled by the City Council, upon nomination from the mayor, for the unexpired term in the same manner as the original appointment. Membership vacancies other than through expiration of term shall be filled for the unexpired term. Any member may be removed by Council action based on Council decision that removal is in the best interests of the City.

    Removal should not occur for disagreement with an official recommendation of the board or its members.

    SECTION 4.2.8. Conflicts of Interest

    If any members of an Advisory Board conclude that they have a conflict of interest or an appearance of fairness problem with respect to a matter pending before the Advisory Board so that they cannot discharge their duties on such an Advisory Board, they shall disqualify themselves from participating in the deliberations and the decision-making process with respect to the matter.

    SECTION 4.2.9. Liaisons and Representatives

    A City Council representative may be available to each Advisory Board for the purpose of providing a constructive relationship between the City Council and the Advisory Board without implying direction, review, or oversight of the activities of the Advisory Board.

    SECTION 4.2.10. Procedures, Records, and Minutes

    Rules of order not specified by statute, ordinance or Council resolution shall be governed by The Scott, Foresman Robert's Rules of Order Newly Revised - 1990 Edition (published by Scott, Foresman and Company), as the same may be amended or updated. The Advisory Board may adopt supplemental rules of procedure. The Advisory Board shall provide for the taking of minutes and maintaining the records of all regular and special meetings. Any Advisory Board may establish standing or ad hoc committees comprised of Board members to assist in accomplishing its duties and responsibilities. Committee minutes shall be filed with the City Clerk's office within 10 days of approval.

    SECTION 4.2.11. Meetings

    Each Advisory Board shall hold regular meetings at such times and places as is deemed advisable or as provided for in the resolution establishing the board. All meetings of the entire body and of any subcommittee or task force of the Advisory Board shall be subject to all requirements of the Washington Open Public Meetings Act, and shall be open to the public, and shall be held at a public place at a regularly scheduled time, or at a special meeting time following notice as set by the City Manager. Notice of all meetings shall be provided to the Clerk's office for publication.

    No meeting shall be scheduled without at least 48 hours notice to the Clerk's office unless special arrangements are otherwise made with the City Clerk or City Manager.

    SECTION 4.2.12 Communications to City Council

    Expressions of an Advisory Board's position, recommendation or request for any action shall be in the form of a resolution, motion, or other written communication, setting forth the reasons, facts, policies, and/or findings of the body supporting the communication, and shall be directed to the City Council and Manager.

    Communications from such boards, commissions and bodies to the City Council shall be acknowledged by the Council. The Presiding Officer shall state: "So noted for the record", and thereafter the City Clerk shall make an appropriate notation in the minutes. Any member of the Council may bring such communication to the Presiding Officer's attention under the agenda item

    "Committee, Board and Liaison Reports." Should any member of the Council determine that any such communication be officially answered by the Council, the Presiding Officer shall place the matter on the agenda under New Business for the current meeting or any subsequent meeting.

    SECTION 4.2.13. Compensation and Reimbursement of Expenses

    Members of Advisory Boards shall serve without compensation. Members shall be reimbursed for authorized travel expenses incidental to that service, which are authorized by the City Manager or by City Council resolution or motion. Members should seek pre-authorization for any proposed expense.

    SECTION 4.2.14. Lobbying Efforts

    Lobbying efforts by any Advisory Board on legislative or political matters should first be checked for consistency with existing City policy by contacting the City Manager's office. In the event a position is taken that differs from that of the City's policy, an Advisory Board cannot represent that position publicly or before another body, for example, the State Legislature or the Board of County Commissioners. An Advisory Body is free to communicate positions to the Council or a Council Committee on matters pertaining to the Body's purpose and function. A member of the Advisory Board is not authorized to speak for the Board, unless the Board has expressly authorized the member's communication. An individual member is free to voice a position, oral or written, on any issue as long as it is made clear that the member is not speaking as a representative of the City, or as a member of an Advisory Board.

    End of Article 4 - Committees, Boards & Commissions

    **********************

    Puyallup Council Rules of Procedure

    SECTION 8 CITY ADVISORY COMMITTEES

    8.1 Puyallup's commissions, committees and task forces provide an invaluable service to the City. Their advice on a wide variety of subjects aids the Mayor and Councilmembers in the decision-making process. Effective citizen participation is an invaluable tool for local government. These advisory bodies originate from different sources. Some are established by ordinance while others are established by resolution or motion of the City Council. It is at the discretion of the Council as to whether or not any advisory body should be established, other than those required by State law. Puyallup advisory bodies bring together citizen viewpoints which might not otherwise be heard. Persons of wide-ranging interests who want to participate in public service but not compete for public office can be involved in governmental commissions, committees and task forces.

    The following policies govern the City's advisory groups; some of these advisory groups may have more specific guidelines set forth by ordinance or resolution, or at times by State law.

    8.2 No committee board or commission shall have official or legal status until such committee or board or commission has first been approved by resolution or ordinance of the City Council.

    8.3 Every advisory body will have a specific statement of purpose and function, which will be reexamined periodically by the City Council to determine its effectiveness. No board or committee shall have powers other than advisory to the City Council or City Manager except as specified by the Puyallup Municipal Code.

    8.4 Any committee, board, or commission created by ordinance or resolution of the City Council, shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by majority vote of the Council.

    8.5 An Appointments Committee composed of the newly elected Mayor and two members of Council shall be designated at the first regularly scheduled meeting in January following a City Council election. The term of service on the Appointments Committee shall be two years. Meetings of this Committee will be convened on an ad hoc, or as needed, basis.

    The City Clerk shall inform the Appointments Committee of pending vacancies on boards and commissions and shall schedule meetings as necessary for the Committee to consider applications for appointment. Committee recommendations on appointments shall be submitted to the full Council for approval by resolution.

    8.6 Vacancies for citizen boards and commissions shall be advertised in the City's official newspaper so that any interested citizen may submit an application. Applicants are urged to be citizens of the City of Puyallup, but applications from residents living outside of the corporate boundaries also receive consideration under certain
    circumstances. Councilmembers are encouraged to solicit applications from qualified citizens. Applications shall be available from the Office of the City Clerk.

    8.7 Applications of citizens not recommended for appointment to an advisory body will be filed in the Office of the City Clerk for reconsideration whenever a position becomes available consistent with the applicant's qualifications or interests.

    8.8 Lengths of terms vary from one advisory body to another, but in all cases overlapping terms are intended, unless otherwise provided by State law. On special work task forces, where a specific project is the purpose, there need not be terms of office.

    8.9 Newly-appointed members will receive a briefing by the commission, committee or task force chairperson and/or City staff, regarding duties and responsibilities of the members of the advisory body.

    8.10 All advisory bodies will be responsible for adopting their operating policies consistent with the establishing resolution or ordinance.

    8.11 All meetings of advisory bodies are open to the public in accordance with the public meeting laws of the State of Washington which requires a minimum 24-hour advance notice; no advisory committee will schedule a meeting earlier than 7:00 a.m.

    8.12 Excessive absenteeism, excluding illness or required travel, is cause for the removal of an advisory body member. Three consecutive absences will be considered resignation from the body unless prior to the third absence, the member has requested, and been granted, an excused absence. The advisory body granting the excused absence will determine the validity of the request.

    8.13 Members may resign at any time their personal circumstances change to prevent effective service.

    8.14 Members may be removed, from any advisory committee, prior to the expiration of their term of office, by a majority vote of the City Council.

    8.15 A quorum for conducting business is a simple majority of the membership of the advisory body.

    8.16 All members of advisory bodies should be aware of the need to avoid any instance of conflict of interest.

    No individual should use an official position to gain a personal advantage.

    8.17 Lobbying efforts by any advisory bodies on legislative, or political, matters should first be checked for consistency with existing City policy by contacting the City Manager's office. In the event a position is taken that differs from that if the City's policy, an advisory body acting as an official body of the City of Puyallup, cannot represent that position before another body, i.e., the State Legislature or Pierce County Council. An individual member is free to voice a position, oral or written, on any issue as long as it is made clear that he or she is not speaking as a representative of the City of Puyallup, or as a member of his or her commission, committee or task force.

    **********************

    Kennewick Council Rules of Procedure:

    7. Creation of Committees, Boards and Commissions

    7.1 Citizen Committees, Boards and Commissions: The Council may create committees, boards, and commissions to assist in the conduct of the operation of the city government with such duties as the Council may specify not inconsistent with the Kennewick Municipal Code.

    7.2 Membership and Selections: Membership and selection of members shall be as provided by the Council if not specified by the Kennewick Municipal Code. Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Council.

    No committee so appointed shall have powers other than advisory to the Council or to the City Manager except as otherwise specified by the Kennewick Municipal Code.

    7.3 Removal of Members of Boards and Commissions: The Council may remove any member of any board or commission which it has created by a vote of at least a majority of the Council.

    **********************

    We also have the following items (in non-electronic format) in our library that may be of interest:

    • "Citizen Advisory Boards: Making Them Effective," MIS Report, ICMA, vol. 19, no. 10, October 1987
    • City of Issaquah, Boards and Commissions Orientation Session, March 1993
    • An article, "Making Citizen Task Forces Work: Eight Strategies to Consider," by Steven Falk, Public Management, December 1993
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Council Committees

  1. Must members of the public be allowed to speak at a council or commission committee meeting?

    The Open Public Meetings Act requires that the public be allowed to attend, but it does not require that the public be allowed to speak during council or commission meetings. It is up to the council or commission, or, in this case, the committee, to decide its own rules about public participation. Most, if not all, cities and counties set aside a limited period of time during regular council/commission meetings for public comment, but state law does not require this. There may be times when the committee may want public comment, or even limited public comment; but there may also be times when the committee wants to eliminate public comment entirely. Whatever the committee decides, it is a good idea to state the rules at the beginning of the meeting.

  2. May a councilmember attend a committee meeting which he is not a member of where his attendance would create a quorum of the council?

    Yes, if council rules allow his attendance and notice of the meeting is provided in accord with the state Open Public Meetings Act (OPMA).Whenever a quorum of the city council is meeting together to discuss city business, that would constitute a "meeting" of the city council for the purposes of the OPMA. So if a quorum is present, even if one of the councilmembers is not actively participating, that committee meeting would be subject to the requirements of the state OPMA relating to special meetings - which means the meeting must be open to the public and notice must be given as provided in RCW 42.30.080.

  3. Request for information on typical city council committees.

    Since we have not surveyed cities on this question it is hard to say with much certainty what types of committees are most typical. There is not as much uniformity out there as one might expect with no two cities being exactly alike.

    The only national survey we have seen on this was done by the International City/County Management Association back in 1993 ("Use of Council Committees in Local Government," Baseline Date Report, May/June 1993). That survey distinguished between "standing" and "ad hoc" committees. Standing committees are permanent bodies with jurisdiction over specific on-going policy areas such as finance and public safety. Ad hoc committees are temporary committees established to investigate and advise on more short-term issues and problems. That report observed:

    Although standing committees cover a wide range of policy areas, some types of committee are more prevalent among local governments. Among the standard types are planning and zoning, community development, parks and recreation, cable television, civil service, budget and finance, beautification and code enforcement, and senior citizen services committees.

    Based on a limited review of Washington municipal codes the most common city council committees appear to be budget/finance, public safety, community development, public works and parks/recreation or some combination of these. Since there are no required council committees, whether and what type of committees a city should have is strictly a matter of local policy.

    We have included municipal code excerpts below detailing the council committees established in several Washington cities:

    Port Townsend

    STANDING COMMITTEES

    The Council shall have three (3) standing committees:

    I. Finance and Budget
    II. Community Development and Land Use
    III. General Government

    http://www.mrsc.org/govdocs/p57-rop.pdf

    Bonney Lake

    2.04.860 Definition and scope of council standing committees.

    The standing committees of the council and the scope of their duties are described as follows. The council may amend these committees as they deem necessary.All issues for council meeting agendas shall be reviewed by the appropriate council committee, except those issues identified as approved for council workshops or as council may approve, prior to submitting to the city clerk for scheduling. Each council standing committee shall meet and hold meetings a minimum of 12 times per year.

    A. Finance Committee. The chair of the finance committee shall be the deputy mayor. The chairs of the community development committee and the public safety committee shall also serve on this committee with the deputy mayor.

    The finance committee was created for the purpose of advising the city council on matters concerning the general fiscal and financial operations of the city, budget and financial reports, policy matters related to city finances and personnel, including, but not limited to, the salary grade schedule, position classifications and salary changes in coordination with the mayor, finance officer and city administrator.

    B. Voucher Review Committee. The chair of the voucher review committee shall be the deputy mayor. The voucher review committee was created for the purpose of reviewing all monthly city payable vouchers and payroll and to make recommendations to the city council for payment approval of the city's expenditures at a minimum of twice per month.

    C. Public Safety Committee. The public safety committee was created for the purpose of advising the city council on matters concerning the overall safety of the citizens who live within our community that pertain to police and fire protection, the municipal court, emergency services and animal control in coordination with the police department, fire department and civil service commission.

    D. Community Development Committee. The community development committee was created for the purpose of advising the city council on matters related to the planning of the physical, economic, aesthetic, cultural and social development of the city zoning codes, building codes, sign codes, annexation policies, parks and recreation and all city utilities in coordination with the planning department, planning commission, building department, parks department and the public works department. (Ord. 890 1(16.1), 2001).

    http://www.mrsc.org/mc/bonneylake/Bonney02.html#2.04.860

    Brewster

    2.08.010Established - Designated Membership.

    There shall be appointed by the mayor to serve during his pleasure, the following standing committees:

    A. A committee on public health, consisting of three members;
    B. A committee on streets, alleys and sidewalks, consisting of three members;
    C. A committee on police, fire protection and water supply, consisting of three members;
    D. A committee on audit and finance, consisting of three members;
    E. A committee on license, consisting of three members. (Ord. 8, 1910)
    (Not available online)

    Carnation

    COMMITTEES

    Sections:
    2.36.010 Establishment.
    2.36.020 Term.
    2.36.030 Council chairperson.
    2.36.040 Council vice-chairperson.
    Section 2.36.010 Establishment.

    The following legislative committees are established to be comprised of members of the city council of the city, with the purpose and duties as set forth:

    A. Community Development Committee. The primary purpose of the Community Development Committee is to review and advise upon on all matters of policy coming before the city council involving the physical and economic development of the city, including subdivision, housing, building and zoning matters, development and redevelopment, downtown economic and physical development, environmental quality issues, and such other matters as may be assigned to this committee.

    B. Finance and Operations Committee. The primary purpose of the Finance and Operations Committee is to review and advise upon on all matters of policy coming before the city council involving city financial affairs and on general operations of the city, including the review of all requisition vouchers for payment; personnel matters of the city; general administration; grants and interlocal agreements, and such other matters as may be assigned to this committee.

    C. Public Health and Safety Committee. The primary purpose of this committee is to review and advise upon on all matters of policy coming before the city council involving public health, welfare, and safety pertaining to the city, including public health, animal control, fire and police protection and law enforcement, and such other matters as may be assigned to this committee.

    D. Utilities and Public Facilities Committee. The primary purpose of this committee is to review and advise upon all matters of policy coming before the city council involving facilities of the city, including streets, parks, public buildings, and utility operations and capital activities, including water and wastewater systems and operations; solid waste collection and disposal including recycling and waste reduction; maintenance and improvement of all city properties and infrastructure, and such other matters as may be assigned to this committee. (Ord. 481 § 1, 1993; Ord. 374 § 1, 1988)

    http://216.122.232.35/cmc/

    Chewelah

    Section 2.12.050 Standing committees.

    The mayor shall appoint the following standing council committees: Finance, police/fire, streets, parks and recreation and water/sewer. Each committee shall have three members. The mayor may also establish and appoint members to other special committees from time to time as he or she deems necessary. Each special committee shall have three members. (Ord. 569 § 1, 1991: Ord. 110 § 2 (part), 1936; Ord. 19 § 1 (Rule 5), 1906)

    Duvall

    2.01.070 Council committees.

    The following designated committees shall be standing committees of the City Council and the membership of each committee shall be appointed by a majority vote of the Council for the respective term of the councilmembers so appointed or as otherwise determined by the City Council:

    A. Finance and Personnel Committee. This committee shall be primarily responsible for all matters relating to fiscal policies of the City, including but not limited to appropriations, income and revenues, the auditing of expenditures and claims, as well as reviewing personnel issues as directed by the Mayor or City Council.

    B. Public Works Committee. This committee shall be primarily responsible for all matters pertaining to the environment, pollution, waste disposal, construction, renovation, modification and maintenance of public works facilities, including but not limited to municipal water and sewer systems, garbage and storm sewer systems and all other matters and issues directly or indirectly related to these subjects.

    C. Streets Committee. This committee shall be primarily responsible for all matters pertaining to street and right-of-way improvements, including maintenance and operation thereof, and recommendations regarding capital improvements and acquisitions.

    D. Public Safety and Parks Committee. This committee shall be primarily responsible for all matters pertaining to health and safety, animal control, public safety, and recreation, including the operation, function, maintenance, and acquisition of City parks, and all other matters and issues related thereto.

    At each City Council meeting a report from the standing committee shall be made by the committee chairperson or other designee. When needed, staff assistance to a committee shall be assigned by the Mayor. No committee shall consist of more than two city council members. The committees shall not have any authority to act on behalf of the whole City Council nor shall such committees conduct hearings or take testimony or public comment.
    (Added Ord. 745, 1995)

    http://www.bpcnet.com/codes/duvall/ _DATA/TITLE02/Chapter_2_01_CITY_COUNCIL/2_01_070_Council_committees_.html

    Omak

    STANDING COMMITTEES

    Sections:
    2.08.010Designated--Mayor to appoint.

    2.08.010Designated--Mayor to appoint.

    There shall be appointed by the Mayor to serve during his pleasure the following standing committees:

    (a) A committee on audit and airport, consisting of three members;
    (b) A committee on parks, consisting of three members;
    (c) A committee on streets and alleys, consisting of three members;
    (d) A committee on police, fire, and licenses, consisting of three members;
    (e) A committee on cemetery, consisting of three members;
    (f) A committee on water and sewer, consisting of three members;
    (g) A committee on sanitation and public health, consisting of three members;
    (h) A committee on personnel, consisting of three members. (Ord. 1036, 1988: Ord. 423 § 1, 1960).
    Chapter 2.14

    (Not available online)

    Redmond

    2.32.010 Creation.

    The following standing committees of the City Council are created and established:

    (1) Public Administration and Finance;
    (2) Public Safety;
    (3) Planning and Public Works;
    (4) Parks and Human Services;
    (5) Regional Affairs. (Ord. 1817 § 1 (part), 1994: Ord. 1573 § 2, 1990: Ord. 1232 § 1 (part), 1985: Ord. 635 § 1, 1974).

    http://www.mrsc.org/mc/redmond/redmnd2.htm#232

    Tukwila

    2.04.030Council committees and representatives.

    A. The Council shall sit as a Committee of the Whole on the second and fourth Mondays of each month at 7:00 p.m., except that if at any time any Committee meeting falls on a holiday, the Council shall meet on the next business day at the same hour. Council committees shall meet at Tukwila City Hall, unless otherwise publicly announced.

    B. Meetings of the Committee of the Whole shall be held primarily for the purpose of considering current problems of the City and coordinating the work of individual committees of the City Council. The Committee of the Whole shall have no power to take any official action other than to refer matters to committees or to a regular Council meeting. The Council President shall set the agenda for the Committee of the Whole meeting.

    C. The Council shall meet as a Committee of the Whole in a planning retreat at the beginning of each year in order to plan their agenda and set their goals for that year. The time and place of the retreat shall generally be held on the third weekend in January.

    D. Results of the Committee of the Whole's planning retreat will be discussed in a joint session with the Mayor and administration in order to establish mutual City goals.

    E. There are established the following four standing committees of the Council that shall consist of three members each. The Council President shall appoint the membership of each committee and the committee chairmen by the second regular meeting of each year. The chairman of each committee shall set the schedule of meetings and cause them to be published. The committee chairman shall set the agenda of the committee meetings. The standing committees shall consider, and may make policy and legislative recommendations to the City Council on, items referred to the committee by the Council President, the Council, administrative departments, boards or commissions. If budgeted in an amount less than or equal to $25,000, a committee can approve a bid or negotiation award by an affirmative vote of three committee members. If a unanimous committee vote is not obtained, the award will be referred to the City Council for action. The standing committees, their scope of authority and the supporting City departments are as follows:

    1. Transportation Committee, which shall consider matters related to transportation, transportation plans, traffic, transit, streets, street lighting, signals, and street LID's, in coordination with the Public Works Department and Planning Department.

    2. Utilities Committee, which shall consider matters related to water, sewer, electric power, natural gas, telephone, cable television, storm drainage, river basins and levies, in coordination with the Public Works Department.

    3. Finance and Safety Committee, which shall consider matters related to the general fiscal and financial operations of the City; budget and financial reports, policy matters related to personnel, including, but not limited to, the salary grade schedule, position classifications and salary changes in coordination with the Finance Department and City Administrator; and matters related to police and fire protection, the Municipal Court, emergency services and animal control, in coordination with the Police Department, Fire Department, Civil Service Commission and City Clerk.

    4. Community Affairs and Parks Committee, which shall consider matters related to the planning of the physical, economic, aesthetic, cultural and social development of the City Zoning Code, Building Code, Sign Code, and annexation policies, in coordination with the Planning Department, Planning Commission, Arts Commission, Hearing Examiner, and Sister Cities Committee; and shall consider matters relating to parks and park lands, recreation facilities and activities, in coordination with the Parks and Recreation Department and the Parks Commission.

    F. The Council President may establish such ad hoc committees as may be appropriate to consider special matters that do not readily fit the standing committee structure or that require special approach or emphasis. The Council President shall appoint Council representatives to intergovernmental councils, boards and committees by the third regular meeting of each year. These agencies may include the Puget Sound Council of Governments (two representatives), Puget Sound Energy Committee, and Policy Advisory Committee for the Port of Seattle.

    G. Council committees shall consider all matters referred. The committee chairman shall report to the Council the findings of the committee. Committees may refer items to the Council with no committee recommendation.

    H. The legislative analyst shall be responsible for preparing and causing to be distributed all agendas and minutes of committee meetings.

    (Ord. 1796 §3(part), 1997; Ord. 1421 §2, 1987; Ord. 1311 §5, 1984)

    (Not available online)

    Woodland

    2.04.070Council standing committees.

    A. Created. There are created the following committees of the city council, with the staff member designated in parenthesis being the committee's administrative liaison and resource person:

    1. Human resources/government (clerk-treasurer);
    2. Finance (clerk-treasurer);
    3. Public safety (police and fire chiefs);
    4. Public utilities (public works director);
    5. Parks and recreation (public works director).

    B. Mayor as Ex Officio Member. In addition, the mayor shall be an ex officio member to all the above committees.

    C. Assignment of Members--Chair. Each standing committee shall be composed of two councilmembers. Councilmembers shall be assigned to a committee as determined by the mayor and city council after each council election or more frequently, but in no event more frequently than annually unless vacancies occur. A chair shall be designated by the committee or the mayor and full council as the council and mayor shall elect.
    (Ord. 843 § 3 (part), 1997)

    (Not available online)

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Council Retreats

  1. Request for articles on conducting a successful retreat

    Here are a few general articles on retreats (most are not city council retreats)

    The following items are available for loan from the MRSC Library:

    • "The Retreat as Management Tool," IQ Service Report, Vol. 33, No. 1, January 2001
    • "Council-Staff Retreats," MRSC, Research Memorandum No. 103, March 1987

    Examples of Retreat Materials from Cities:

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Executive Sessions

  1. May a city council or county commission authorize settlement of a claim in an executive session?

    A city council or county commission can discuss settlement of a claim in executive session but must approve the settlement in an open meeting. This is the conclusion in Feature Realty v. City of Spokane, 331 F.3d 1082 (2003).

    The settlement probably could be approved as part of the consent agenda if it is listed as a separate item and approved in an open meeting.

  2. What can be done if information obtained in an executive session is disclosed by a councilmember or commissioner?

    This is a difficult problem that arises frequently.

    It seems clear that an underlying purpose of the provision in the Open Public Meetings Act for executive sessions is that the information learned in such a session is confidential, unless otherwise declared by the body holding the executive session. However, there is no specific penalty or sanction in the Open Public Meetings Act for unauthorized disclosure of information learned in executive session.

    Probably the most effective method of preventing such unauthorized disclosures is peer pressure exerted by other councilmembers or commissioners. It should be pointed out that the damage to the interests of the city or county could be considerable if this information is shared with selected members of the public or the public generally. The city attorney or county prosecutor may want to review with all the councilmembers or commissioners the purpose for holding an executive session.

    Some councils and boards have enacted provisions in their own local rules of procedure or in their ethics codes relating to this problem. For example, Marysville and Richland have adopted a specific rule in their ethics codes prohibiting a councilmember or other person from disclosing to the public confidential information that they learn by reason of their official position. Civil penalties and, in some cities, even criminal penalties, are provided for violation of the ethics code. A council or board could adopt a specific rule on this subject if it wished to emphasize the importance of confidentiality.

    Similarly, many cities and towns use Robert's Rules of Order to govern the conduct of council meetings. Note that Robert's Rules of Order, Newly Revised, §9 ("Executive Sessions"), provides that a member can be disciplined for violating the confidentiality of an executive session, although no specific penalty is set out.

    It is also possible that a statutory penalty may be applied. RCW 42.23.070(4) prohibits disclosure of confidential information learned by reason of a municipal officer's position, and RCW 42.23.050 provides for a $500 penalty and possible forfeiture of office for a violation of chapter 42.23 RCW. It is arguable that the prohibition in RCW 42.23.070(4) applies to the unauthorized disclosure of information learned in executive session.

  3. May a governing body meet in executive session to review applicants for public employment and reduce the number of applicants (i.e., make a preliminary cut)?

    Under recent case law, it does not appear so. RCW 42.30.110(1)(g), which authorizes a governing body to meet in executive session "to evaluate the qualifications of an applicant for public employment," requires that "final action hiring" an applicant be done in open session, could be read to imply that less than final action hiring, i.e., making a preliminary cut, would be permissible in executive session. However, that argument was specifically rejected in Miller v. City of Tacoma, 138 Wn.2d 318 (1999), where the state supreme court addressed whether the city council could conduct a series of ballots in executive session to arrive at a consensus candidate for planning commission:

    Although RCW 42.30.110(1)(g) specifically states "when a governing body elects to take final action hiring . . . that action shall be taken in a meeting open to the public," the rule that exceptions to the act must be narrowly interpreted, if not the plain language of the statute, prevents the conclusion that all action other than "final action" is permitted in executive session. Instead, only the action explicitly specified by the exception may take place in executive session. Therefore in the present case the council in executive session could only "evaluate the qualifications" of the applicants for public employment: any action taken beyond the scope of the exception violated the act.

    138 Wn.2d at 327.

    Thus, any balloting, even if only to reduce the field of candidates, would be beyond the scope of the exemption for evaluating applicants for public employment.

    For more information on this topic, see our "Open Public Meetings" page.

  4. What may be disclosed publicly concerning what was discussed in executive session?

    There are no specific statutory rules regarding what may be revealed publicly regarding what was discussed in executive session. However, there is one statute that could potentially apply to disclosure of what was discussed in executive session. RCW 42.23.070(4) states: "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." However, it is not clear exactly what is meant by "confidential information" in this statute. Not everything that is discussed in executive session is necessarily "confidential" and matters that are confidential may lose their confidential nature over time. There are no reported court decisions that have applied this statute. In any event, municipal officers who violate this statute are subject to a $500 penalty and possible forfeiture of office. RCW 42.23.050.

    In general, since the purpose of an executive session is to discuss confidentially matters that would be detrimental (to the city or to city personnel) to discuss in public, councilmembers should not discuss publicly what was discussed in executive session, without council approval or until public knowledge of the matter would no longer be detrimental to the city or its officials. For example, if the council discussed with the city attorney in executive session existing litigation against the city, revealing to the public after the session what was discussed could harm the city's litigation position. Otherwise, why would the council be meeting in closed session? Disclosing publicly what was discussed in executive session undermines the whole purpose of meeting in executive session.

    Also, preserving the confidentiality of the executive session can promote effective discussion in closed session. If councilmembers are concerned that what they say in executive session might be disclosed afterwards, they may be reticent to freely discuss matters in the session. So, even if the matter discussed may no longer be confidential (e.g., the litigation is over), councilmembers may still not want what they said in closed session to be made public, particularly if it is presented out of context.

    Given the above considerations, we think it advisable for the council to adopt a rule that prohibits councilmembers from discussing publicly what took place in executive without prior council approval. A bright-line rule like that is easy to apply and avoids confusion. If the council is truly discussing in closed session only what the Open Public Meetings Act allows to be discussed in closed session, there would in most circumstances be no valid reason to disclose publicly what was discussed privately.

  5. May city council hold executive session to review the qualifications of persons appointed by mayor to planning commission?

    Yes, an executive session can be held to "evaluate the qualifications of an applicant for public employment." RCW 42.30.110(1)(g). Our legal staff advises that this provision would encompass appli-cations for public office, such as the office of planning commissioner. Since an appointment to the planning commission is required by statute to be confirmed by the council in a second class city or a town, and may be subject to confirmation in a code city (assuming such a commission is established in a code city), there may be good reason to hold an executive session to evaluate the applicants for such a position. Action by the council to confirm a mayoral appointee to the planning commission must, however, be taken in an open meeting.

  6. Who may attend an executive session of the city council?

    The question of who may attend an executive session, other than the council and the mayor, is determined by the council. Where appropriate, the council may invite other city officials, employees, or individuals to attend executive sessions.

  7. May the salary of an individual city employee be discussed in executive session?

    Yes, this may be done as a part of a performance review of an employee. One of the reasons that a city or town council may hold an executive session is to consider the job performance of an employee. RCW 42.30.110(1)(g).

    However, there are several limitations on this authority which are also in the statute. Specifically, any final action setting the salary of an individual employee must be taken at an open meeting. Also, any discussion of wages which are to be generally applied within the city must occur in a meeting open to the public. For example, a discussion of whether to grant a general three percent salary increase to all city employees must be in an open meeting.

  8. May the city council meet in executive session to interview candidates for appointment to a vacant council or mayor position?

    No, although the council may discuss the qualifications of the candidates in an executive session. The interviews must be in an open public meeting, as must the vote to select the person to fill the vacancy. See RCW 42.30.110(1)(h).

  9. May the council go into executive session even if it is not on the agenda for the meeting?

    Yes. There is no requirement in the Open Public Meetings Act that an executive session must be listed on the agenda in order for the council to go into executive session.

    The council may decide at the meeting to go into executive session and this may be done legally as long as the requirements in the Open Public Meetings Act are followed concerning executive sessions.

    There is a requirement in RCW 35A.12.160 that the public be made aware of the preliminary agendas of meetings in advance of the meeting. This does not mean that an item that arises after the preliminary agenda has been posted cannot be discussed at the meeting, even in executive session. Final action on the matter would not be taken at the executive session. Therefore, it does not violate any provision in state law to hold an executive session at a regular council meeting even if the executive session was not listed on the agenda.

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Meeting Procedures

  1. May one councilmember filibuster at a meeting and not allow any other members to speak?

    No. Normally this situation does not arise, but there are procedures in Robert's Rules of Order to deal with it if it does, assuming that the council has adopted Robert's Rules by reference.

    Robert's Rules of Order, Newly Revised, Chapter II, Section 4, provides on page 42:

    The presiding officer cannot close debate so long as any member who has not exhausted his right to debate desires the floor, except by order of the assembly, which requires a two-thirds vote.

    So the other councilmembers, by two-thirds vote, can limit the time of debate for a councilmember. Some council rules of procedure also limit the amount of time a member can speak on an issue without further permission of the chair.

    For more information regarding council rules, see our Council/Board of Commissioners Rules of Procedure Web page.

  2. Can a mayor call a person "out of order" at a council meeting?

    Yes. RCW 35.23.201 provides that the mayor shall preside over all meetings of the city council. RCW 35.23.270 provides that the city council "shall determine its rules of proceeding." Typically city councils will adopt rules of parliamentary procedure to help govern their meetings. As the presiding officer, the mayor enforces the council's rules.

    If a person violates the council's rules, he or she is "out of order." If the mayor notices that the council rules are being violated (for example, a person speaking out of turn), he or she should immediately correct the matter immediately. If the mayor fails to do so, a member of the council can raise a "point of order," for which the mayor will make a ruling (either that someone is out of order or not).

    Once the mayor has made a ruling---either on his or her own initiative or in response to a point of order raised by a councilmember---that ruling is subject to appeal. To appeal the mayor's decision, one councilmember must make a motion to appeal the decision, and that motion must be seconded by another councilmember. To reverse the mayor's decision, a majority of the council must vote to override the decision. If there is a tie, the mayor can vote to break the tie. See Robert's Rules of Order, Newly Revised (10th edition, 2000), sections 23-24.

    For more information, see these Web pages:

  3. May motion be reconsidered after it already has been reconsidered?

    Probably. There is general authority set out in the case Cowlitz County v. Johnson, where the court explains that "unless restrained by charter or statute, the legislative body of a municipal corporation possesses the undoubted right to reconsider its vote upon measures before it at its own pleasure, and to do and undo, consider and reconsider, as often as it may think proper, until a final conclusion is reached."

    Under parliamentary law, a member of the prevailing side must move to reconsider. Typically, such a motion will be made at the same meeting at which such action was taken. However, the council could move to suspend the rules, if that was required, or, for that matter, it could adopt other rules allowing for a later reconsideration of the rejection. Robert's Rules also provides for the renewal of a motion, provided it is not during the same session.

  4. May county commissioners take final action at a special meeting being held outside the county seat?

    If proper notice is given for the special meeting, final action may be taken even if the meeting is held outside the county seat. There is no restriction in the Open Public Meetings Act that would prohibit county commissioners from voting on an item at a special meeting, if proper notice is given for the meeting and the item is listed as business to be transacted at the meeting.

    RCW 36.32.080 requires that regular meetings of the county commissioners be held at the county seat. RCW 36.32.090 allows for special meetings of county commissioners to transact the business of the county and indicates that these may be held outside the county seat. There is no general statute that restricts the ability of county commissioners to vote at a special meeting.

    Therefore, unless there is a restriction in the local county code, the county commissioners are not prohibited from taking final action at a special meeting held outside the county seat.

  5. May a city council, board of county commissioners, or other governing body adopt a policy of providing special meeting notice to its members by e-mail?

    Yes, pursuant to a legislative change approved in 2005 (chapter 273, Laws of 2005), the written notice may be delivered by e-mail or fax (or by regular mail).

  6. Must a citizen be allowed to speak at a council or board meeting and complain about a city or county employee?

    There is no legal right for a citizen to speak at a city council or board of county commissioners meeting, although this could be allowed at the discretion of the council or board. The Open Public Meetings Act specifies that the public has a right to attend public meetings; it does not address speaking at those meetings.

    Nevertheless, most, if not all, councils and boards provide time in their meetings for citizen comment. However, even in that portion of the meeting, the citizens may be limited in the topics they are allowed to address and also as to how long they are allowed to talk. Typically, criticism of or complaint regarding a specific public employee is not allowed by local rule in public meetings. Such matters would normally be addressed administratively. If, for some reason, the issue warrants council or board discussion, this often can be done in executive session unless the officer or employee who is the subject of the complaint specifically requests that it be addressed in open session.

  7. What can be done if a person is disruptive during a council or board meeting?

    Members of the public have, of course, no right to be disruptive at city council or board of county commissioners meetings. The council or board may order the removal of people who disrupt meetings. In extreme circumstances, when a group of people make it unfeasible to conduct the meeting in an orderly manner such that order cannot be restored by the removal of individuals, the Open Meetings Act authorizes the clearing of the meeting room and continuance of the meeting or reconvening at another location, without the public. RCW 42.30.050.

    Some jurisdictions have adopted the Washington Criminal Code's provision pertaining to the crime of public disturbance. RCW 9A.84.030. This statute provides that a person is guilty of disorderly conduct if he or she "intentionally disrupts any lawful assembly or meeting of persons without lawful authority." Disorderly conduct is a misdemeanor.

  8. May a councilmember participate in a meeting by speaker phone?

    Yes, if it is done correctly. The Human Rights and Public Disclosure Commissions have held meetings by means of speaker phones with participants in different locations. In order to be allowable, all persons participating in the meeting must be able to hear each other at the same time, such as by use of speaker phones.

  9. Who may make a motion to reconsider?

    Under the standard rules of parliamentary procedure, a motion to reconsider may be made only by a member who voted with the majority. Therefore, it may be made only by one who voted aye if the motion was adopted, or no if the motion lost.

  10. Who presides at a council meeting when both the mayor and the mayor pro tem are absent?

    For code cities, RCW 35A.12.110 specifically provides that a councilmember selected by a majority of the council at the meeting would preside in the absence of both the mayor and mayor pro tem. For other classes of cities, there is no statute that governs. It would be up to the council to decide this issue. The logical approach would be to follow the same procedure mandated by statute for code cities.

  11. Is a council workshop a special meeting?

    Unless the workshop is regularly-scheduled to occur at a fixed time every month (in which case it is a regular meeting), it would be a special meeting and the special meeting notice require-ments do apply. The fact that it is labeled a work-shop (or retreat or study session) does not change the fact that when a majority of the council is present to discuss city business, it is a special meeting that is occurring.

  12. How may a city temporarily change the date of the regular council meeting?

    A city can change its regularly established council meeting date by amending the basic ordinance that establishes the time and place for the regular meeting to indicate the new time and place, and then reamending back to the original language once the temporary period has expired.

    Another way to change the regularly scheduled date would be to follow the procedure in the Open Public Meetings Act for adjourning a regular meeting to a time and place specified in the order of adjournment. RCW 42.30.090 indicates that less than a quorum of the council may adjourn a meeting in this manner. If all the members are absent from a regular meeting, the clerk or secretary of the governing body may declare the meeting adjourned to a stated time and place. Written notice of the adjournment must be given in the same manner as provided in RCW 42.30.080 for special meetings. A copy of the order or notice of adjournment must be conspicuously posted immediately after the time of the adjournment on or near the door of the place where the regular meeting was held. If a regular meeting is adjourned as provided in the statute, then the resulting meeting is a regular meeting for all purposes.

  13. May a councilmember join in calling for a special meeting by means of e-mail or fax?

    A majority of the city council, or the mayor, may call a special meeting. RCW 42.30.080. State law does not specify in what manner councilmembers must call for a special meeting, although it does specify that notice of a special meeting be written and delivered personally or by mail to the mayor, councilmembers, and the media who have on file with the city a request to be notified of special meetings.

    In the absence of a statutorily-prescribed method, councilmembers calling for a special meeting may do so by any means that communicates their desire for a special meeting and that adequately conveys that it is actually a councilmember requesting the meeting. So, for example, councilmembers may call for a special meeting orally, in writing delivered in person, by telephone, by regular mail, by e-mail, or fax. If by e-mail, it should have been sent from the councilmember's e-mail address; a fax should be adequate if signed by the councilmember or sent from the councilmember's personal fax number.

  14. Request for information on adopting city/county legislative body rules of procedure.

    Many city councils and county councils/boards of commissioners in Washington have adopted formal rules of procedure to govern the conduct of their meetings. Often the motivation in adopting rules is to increase meeting efficiency and effectiveness and to manage/reduce conflict. The basic idea in adopting rules is to ensure that council/board of commissioners meetings will run more smoothly and follow a generally accepted format. A well organized and managed meeting does not necessarily guarantee good results, but it certainly helps.

    City councils are authorized by statute or charter to determine their own rules and order of business and to establish formal rules for the conduct of council meetings. See RCW 35A.12.120 which applies to mayor-council and council-manager, noncharter code cities; RCW 35.23.270 which applies to second class cities; RCW 35.27.280 which applies to towns. Councils in first class cities are generally authorized to adopt rules of procedure by their city charters.

    Although there is no statute that specifically authorizes a council/board of commissioners to adopt rules of procedure for board meetings, that authority is necessarily implied from the council's/board's authority (and requirement) to hold meetings and conduct business. The legislative bodies of charter counties are either specifically authorized to adopt such rules by their charters or that authority exists as part of the county's broad powers.

    For more on this subject, including frequently asked questions and sample rules of procedure, see our "Council/Board of Commissioners Rules of Procedure" Web page.

  15. Is there a legal requirement that a regular council or commission meeting agenda must be posted on the city's or county's web site within 24 hours of the meeting in order to be considered officially noticed?

    There is no state statute that requires this. Most cities and counties post their agendas at their city hall or county courthouse the day of the meeting or the day before the meeting, depending on when the preliminary agenda is ready. Of course, most cities and counties now have official web sites and many have chosen to post their meeting notices and preliminary agendas there. Some have also established mailing lists so that citizens who are interested can subscribe to the list and receive meeting notices and other types of city and county news and announcements via email.

  16. Request for information regarding the process of a councilmember or commissioner "recusing" himself from a council/commission meeting.

    There is no specific process in state law regarding a councilmember or commissioner recusing himself from a matter, though the appearance of fairness doctrine in chapter 42.36 RCW discusses when a decision-maker is not disqualified from participating in a quasi-judicial matter based on the doctrine.

    In general, recusal is warranted when an elected official has a financial conflict of interest regarding a matter on which he or she is called upon to vote, or in a quasi-judicial matter where an elected official's participation may result in an appearance of fairness violation. Accordingly, some city and county codes have provisions that call for recusal in such situations, either in an ethics code or in quasi-judicial hearing procedures or in council or board procedures. Of course, some codes do not directly address the issue.

    Recusal from an entire non-quasi-judicial meeting may or may not be required depending upon the circumstances. A quasi-judicial hearing, however, is another matter - recusal, when called for, is from the entire hearing process.

    The duty of recusal is typically on the particular elected official, though there is nothing that prohibits another official or even an audience member from suggesting recusal; some city code provisions on this issue authorize the council to vote and require recusal in certain circumstances. In the appearance of fairness context, the request for recusal often comes from an opponent of a proposed quasi-judicial matter.

    Here are some city council rules of procedure that address recusal:

    • City of Port Townsend, City Council Rules of Procedure, Rule Nos. 3.6(g) and 6.1(c)
    • City of Bothell, City Council Protocol Manual, Rules 6.01 and 9.15

    The following are city and county code provisions that address the issue:

    • City of Spokane Municipal Code, Sec. 4.01.050
    • City of Bonney Lake Municipal Code, Sec. 2.04.700(b)
    • Issaquah Municipal Code, Sec. 2.06.110
    • Redmond Municipal Code Sec. 2.04.150
    • Whatcom County Code, Sec. 2.104.060 (Duty to recuse)

    Many cities and counties that have hearing examiner systems have a provision for recusal of the hearing examiner in conflict or appearance of fairness situations. For example, see Fife Municipal Code, Sec. 2.92.090.

    Some cities and counties have similar provisions regarding planning commissions; see, e.g., University Place Municipal Code, Sec. 2.25.110.

Minutes

  1. May someone other than the clerk of a code city keep council minutes?

    The statutes applicable to code cities, as well as other classes, say little about the taking of minutes. The closest authority we could find is RCW 35A.12.110, which provides, in part

    Meetings of the council shall be presided over by the mayor, if present, or otherwise by the mayor pro tempore, or deputy mayor if one has been appointed, or by a member of the council selected by a majority of the council members at such meeting. Appointment of a council member to preside over the meeting shall not in any way abridge his right to vote on matters coming before the council at such meeting. In the absence of the clerk, a deputy clerk or other qualified person appointed by the clerk, the mayor, or the council, may perform the duties of clerk at such meeting. A journal of all proceedings shall be kept, which shall be a public record. (emphasis supplied)

    This statute does, in a fashion, require the clerk (or a deputy or someone else) to be present at council meetings, and it contemplates that this person will "perform the duties of clerk" at the meeting. But the statute does not require that those duties include keeping minutes. Presumably - and historically - the clerk is the person who prepares the minutes, but nothing requires that to be the case. (The clerk of a code city must, however, "attest" to the passage of ordinances. RCW 35A.12.130.)

    So, we must conclude that the council could provide for someone else to keep the minutes. The clerk could delegate the minute-keeping responsibility, assuming that the clerk has that responsibility in the first place. The duty could be delegated without council approval, in our opinion, and, it would appear, the council could assign the duty to someone else, without the clerk's approval.

  2. Must meeting minutes be prepared within a specific period of time after the meeting?

    Only if there are local council or board rules of procedure that set a specific time. Otherwise, state law requires that:

      The minutes of all regular and special meetings except executive sessions . . . shall be promptly recorded and such records shall be open to public inspection.

    RCW 42.32.030.

  3. Is the city council required to take minutes in an executive session?

    MRSC has consistently taken the position that minutes are not required for an executive session. This position is based on RCW 42.32.030, which states:

    The minutes of all regular and special meetings except executive sessions of such boards, commissions, agencies or authorities shall be promptly recorded and such records shall be open to public inspection.

    Although, this statute could be worded better for purposes of this issue, the clear implication is that "boards, commissions, agencies or authorities" need not take minutes when meeting in executive session. The courts have not addressed this issue..

  4. Must minutes be kept of council work sessions or study sessions?

    Yes. A council work session or study session is a meeting of the city council if more than a quorum of councilmembers are present. This is true even if no final action in the form of voting on ordinances, resolutions or motions occurs. RCW 42.32.030 requires that minutes be kept of all regular and special meetings except executive sessions.

    The minutes may be very brief and do not have to reflect all that was said at the meeting. At a minimum the minutes should indicate the councilmembers who were present, the time and place of the meeting and the general nature of the business that was discussed.

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Ordinance or Resolution?

  1. Will having an electronic copy available for public inspection satisfy the adoption by reference statutes?

    In our opinion, yes. The adoption by reference statutes for Washington cities and counties require that at least one copy of the statute, code, or compilation that is being adopted by reference be filed for use and examination by the public in , as the case may be, the office of the city or town clerk or of the county auditor. See RCW 35.21.180 and RCW 35A.12.140.

    The question here is whether this requirement could be satisfied by having an electronic version of the statute, code, or compilation available for use and examination by the public. It is the opinion of the legal staff at MRSC that this would satisfy the legal requirement as long as there is a reasonable means for the public to access the electronic version for use and examination. The adoption by reference statutes do not specifically address this issue, nor has it been the subject of a court case or a formal opinion by the Office of the Attorney General. However, it would seem to satisfy the intent of the state statutes relating to adoption by reference to have an electronic copy in the office of the city or town clerk that is available for use and examination by the public.

  2. Must a comprehensive plan or plan amendment be adopted by ordinance?

    We recommend adopting a comprehensive plan or plan amendment by ordinance. Ordinances are generally used to prescribe general and permanent rules of conduct or government, and resolutions generally deal with matters of a special or temporary character.

    In addition, at least one growth management hearings board has concluded that jurisdictions planning under GMA must adopt a comprehensive plan by ordinance. The Central Puget Sound Growth Management Hearings Board held that GMA comprehensive plans must be adopted by ordinance, based on RCW 36.70A.290(2)(a),which refers to "the ordinance or summary of the ordinance, adopting the comprehensive plan or development regulations." (See Burlington Northern Railroad v. Auburn ,CPSGMHB No.95-3-0050). The Western Washington Growth Management Hearings Board, however, came to a different conclusion in Moore-Clark v. Town of LaConner, WWGMHB No.94-2-0021. Since the issue isn&t settled at this date, it would be safer to adopt the comprehensive plan by ordinance.

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Ordinance Procedures

  1. Must all ordinances be codified to be effective as law?

    No. There is no statute that requires codification of all ordinances. Indeed, there are many types of ordinances required by law that are not appropriate or suitable for codification, such as ordinances approving annexations and street vacations, and ordinances initiating condemnation of property, to name a few.

  2. How many ordinance readings are required?

    State statutes are silent as to how ordinances are to be initiated, and there is no statutory requirement that an ordinance be "read." Unless, in the case of charter cities or counties, there is a specific charter provision specifying how ordinances are to be initiated and presented, it is up to each legislative body to determine the procedures that must be followed. If a local rule has been adopted, then that rule should be followed.

    Once an idea has been drafted into ordinance form, the ordinance is generally presented to the clerk, who reads its title into the record. This is generally considered to be the "first reading." The ordinance's "second reading" usually occurs when the ordinance is up for general discussion by the body. While there is no requirement that an ordinance be "read," it is a good idea to do so since a reading provides both the council or board and the public with notice of the topic under consideration.

    Note that there may be specific statutory procedures for passage of franchise and emergency ordinances.

  3. Who may write an ordinance?

    There are no statutory requirements as to who may write an ordinance. However, the city may have its own rules regarding the drafting of an ordinance, including a common provision requiring that the city attorney approve the ordinance as to form.

  4. What is the difference between a resolution and an ordinance?

    Both a resolution and an ordinance represent actions by the city council which are binding until rescinded or amended. An ordinance will generally prescribe permanent rules of conduct or government, whereas a resolution will generally deal with matters of a special or temporary character. A resolution is typically an act that is less solemn or formal than an ordinance and generally is simply an expression of the opinion or mind of the official body.

  5. May an ordinance be enacted the same night it is introduced?

    There is no provision in state law which would prohibit most types of ordinances from being enacted the same night they are introduced. There are a few exceptions, notably franchise ordinances. However, most ordinances can be introduced, read, and passed at the same council meeting.

    It is possible that some cities and towns have enacted local rules of procedure which would not allow this. These local rules should be checked to be sure there is not a provision which relates to this subject.

  6. Are there any requirements regarding format style of ordinances?

    The only legal requirements regarding the style of ordinances are those relating to the enactment or ordaining clause. The requirement is statutory for most municipalities and is required by charter in the state's 10 first class cities.

    The following language is required:

    Second Class Cities - "The city council of the city of do ordain as follows:" RCW 35.23.211

    Towns - "Be it ordained by the council of the town of " RCW 35.27.290

    Code Cities - "The city council of the city of do ordain as follows:" RCW 35A.12.130 and 35A.13.190

    Commission Cities - "Be it ordained by the city commission of the city of :" RCW 35.17.030 and 35.23.211

  7. Would a deficiency in the form of an ordinance affect its validity?

    Code Cities-Deficiencies in the form of an ordinance or resolution adopted by the legislative body of a code city shall not affect the validity of the ordinance if the following requirements have been met:

    1. The purpose and intent of the ordinance or resolution are clear;
    2. Any regulatory or procedural provisions are expressed in clear and unambiguous terms, or the legislative intent can be determined by the usual methods of judicial construction;
    3. The legislative body followed the prescribed procedures, if any, for the passage of such an ordinance or resolution; or, if prescribed procedures were not strictly complied with, no substantial detriment was incurred by any affected person by reason of such irregularity.

    Second, Third, Fourth Class and Commission Cities-There is no provision for deficiencies in form of an ordinance for other classes of municipalities.

  8. How many votes are required for passage of an ordinance?

    The number of votes necessary to pass an ordinance is dependent upon the classification of the municipality, the size of the legislative body, and, in some instances, upon the nature of the legislation involved.

    First Class Cities-For the most part, reference should be made to the charter of a first class city to determine the number of votes necessary for the passage of an ordinance.

    Emergency expenditure ordinances for cities having a population of less than 300,000 are governed by RCW 35.33.081 and 35.33.091; for cities with a population over 300,000, reference should be made to RCW 35.32A.060.

    Second Class Cities-Most ordinances (as well as resolutions and orders) require an affirmative vote of at least four councilmembers for passage.

    Passage of a franchise ordinance requires a vote of at least five councilmembers.

    An emergency expenditure ordinance requires a vote of at least one more than a majority of all members of the legislative body for passage.

    Towns-Most ordinances may be enacted by majority vote of the councilmembers present at a meeting, once a quorum has been established. Thus, if three members are present, an affirmative vote of two would be sufficient for passage of an ordinance, except as noted below.

    Passage of a franchise ordinance requires at least three votes as does adoption of any resolution or order calling for the payment of money.

    Ordinances providing for emergency expenditures require a vote of one more than a majority of all members of the legislative body.

    (If a town operates under the council-manager form of government then an ordinance is not valid unless passed by affirmative vote of at least the majority of the members of the council).

    Code Cities-The passage of any ordinance, grant or revocation of a franchise or license, and any resolution for the payment of money, requires an affirmative vote of a least a majority of the whole membership of the council.

    Public emergency ordinances, necessary for the protection of public health, public safety, public property, or public peace, may take effect immediately upon final passage (instead of after a five day delay) if passed by a majority plus one of the whole membership of the council.

    Passage of an ordinance for an emergency expenditure requires a vote of one more than a majority of all members of the council.

    Commission Cities-There must be a quorum of two commissioners to act and two affirmative votes are needed to adopt any motion, resolution, ordinance, or cause of action.

  9. What are the requirements for the reading of an ordinance?

    There is no statutory requirement that an ordinance be "read". Similarly, if an ordinance is read there is no requirement that it be read more than once or in its entirety or by title only. These considerations are frequently covered by local rules. For example, many municipalities have adopted rules of procedure providing for the reading of ordinances by title only unless a request to read all or portions of the ordinance is made by a councilmember or the public in attendance. If a local rule has been adopted, that rule should be followed.

  10. Once passed, who must sign an ordinance?

    Ordinances typically must be signed and attested following passage. The rules applicable to the various classes of municipalities are as follows:

    First Class Cities-Reference should be made to the city charter for the rules that apply to any particular first class city.

    Second Class Cities-In a second class city operating under the mayor-council plan, each ordinance is to be signed by the mayor. The clerk then records each, annexes a certificate giving the ordinance's number and title, and stating that the ordinance was published and posted according to law and that the record is a true and correct copy.

    In a second class city operating under the council-manager plan, ordinances are signed by the mayor or by two councilmembers and then filed and recorded by the clerk.

    Towns-Ordinances are signed by the mayor and attested by the clerk.

    Code Cities-In a code city ordinances are signed by the mayor and "authenticated by the clerk."

    Commission Cities-Ordinances are signed either by the mayor or by two commissioners. Then, typically, the signed ordinance will be attested by the clerk.

  11. May the mayor veto an ordinance?

    A mayor has veto power only when and to the extent that the power has been vested in the mayor by law. Excluding first class cities, which are governed by their individual charters, the veto power is granted only to mayors in mayor-council second class cities, and code cities organized under the mayor-council plan of government.

  12. In a code city is an ordinance valid if it is not signed by the mayor?

    An ordinance is probably still valid even if it has not been signed by the mayor. Although RCW 35A.12.130 states that "[o]rdinances shall be signed by the mayor," it does not follow that the lack of the mayor's signature affects the ordinance's validity. The mayor may veto ordinances, but that veto may be overridden by the council. Additionally, an ordinance goes into effect if the mayor fails to approve or veto it within 10 days. RCW 35A.12.130. Thus, it would not make sense, given the above, that the mayor could prevent an ordinance from becoming effective and valid simply by not signing it.

  13. May the mayor pro tempore in a mayor-council, noncharter code city sign an ordinance in the absence of the mayor?

    The mayor pro tem in a noncharter code city does have the authority to sign ordinances in the absence of the mayor. The duties of the mayor pro tem are not specifically indicated in the statutes relating to noncharter code cites. However, one of the duties of the mayor is to sign ordinances and the mayor pro tem is designated to serve as mayor when the actual mayor is absent.

  14. In a town, who should sign an ordinance when the mayor is unavailable and there is no mayor pro tem?

    RCW 35.27.290 provides in part:

    "Every ordinance shall be signed by the mayor and attested by the clerk."

    A special meeting of the council should be called to allow for the appointment of a mayor pro tem. Once a mayor pro tem is appointed, he or she would act as the mayor in the mayor's absence and could, in our opinion, sign the ordinances that are currently unsigned. There is no time specified for when the mayor must sign (see RCW 35.27.290) and thus, it would appear, a "reasonable amount of time" should be allowed. What is "reasonable" would take into consideration all relevant facts.

  15. In a town, may councilmember sign ordinances in clerk's absence?

    RCW 35.27.280 provides in part:

    In the absence of the mayor the council may appoint a president pro tempore: in the absence of the clerk, the mayor or president pro tempore, shall appoint one of the councilmembers as clerk pro tempore.

    As appointed clerk pro tempore this councilmember would be in a position to attest to an ordinance.

  16. When does an ordinance become effective?

    An ordinance should state the time when it takes effect, provided that the date set is not for a date before the earliest date possible under state law. Absent a stated effective date, the ordinance becomes effective according to the provisions set by state law. An effective date must be included if a later effective date than provided for under state law is desired.

    The following indicates when ordinances become effective, according to state law:

    First Class Cities-When ordinances enacted in first class cities become effective is dependent upon the provisions of each city's charter (and whether a referendum petition has been filed).

    Second Class Cities-Ordinances do not take effect until five days from and after the date of their publication.

    Towns-Publication is required but no waiting period is specified after publication before an ordinance can become effective. Thus, an ordinance could be made effective from and after the date of publication (or at some later, more convenient date).

    Code Cities-No ordinance can take effect until five days after the date of its publication, except for public emergency ordinances. Public emergency ordinances, which require a vote of a majority plus one of the whole council membership, may be made effective upon adoption. A "public emergency ordinance" is one designed to protect public health and safety, public property, or the public peace; it may not levy taxes, grant review, or extend a franchise or authorize the borrowing of money.

    Commission Cities-Ordinances can not go into effect before 30 days from the date of final passage. Ordinances are subject to referendum during the waiting period unless:

    1. They have been initiated by petition;
    2. They are necessary for immediate preservation of public peace, health, and safety and contain a statement of urgency and are passed by unanimous vote, or;
    3. They provide for a local improvement district.

  17. Must a municipality enact an ordinance which provides the procedures for adoption of ordinances?

    It is not mandatory that a municipality adopt rules of procedure for the adoption of ordinances beyond those which are contained in the state statutes. However, the statutes indicate that the council may establish rules for the conduct of its proceedings. This could include procedural rules for the adoption of ordinances, as long as these rules do not conflict with state statutes. This is a policy decision for the council to make.

  18. May council reconsider ordinance that has been passed?

    Once an ordinance has been passed by the council, signed by the mayor and attested to by the clerk, it is no longer capable of being reconsidered in the typical sense. The appropriate action, if the council chose to do so, would be to repeal the ordinance. This, of course, would require a new ordinance designed to either repeal or amend the previous ordinance.

  19. May an ordinance be reenacted after it has been repealed?

    The council always has the authority to readopt or reenact an ordinance that has previously been repealed. The important point is that the procedures for the adoption of ordinances must be followed in order to reenact a new ordinance. Basically, these procedures are similar to those which must be followed for the original enactment of an ordinance.

  20. May an ordinance be passed at a special meeting?

    First Class City-Reference should be made to the charter of a first class city to determine whether an ordinance may be passed at a special meeting.

    Second Class Cities-The state statutes specifically indicate that no ordinance may be passed at a special meeting of the city council in a second class city. This means that all ordinances must be passed at regular meetings in a second class city. Also, no contract may be entered into or bill for the payment of money allowed at any special meeting.

    Code Cities-A noncharter code city is not limited by the state statutes as to the types of actions it may take at a special council meeting. According to state law, any type of ordinance or resolution can be adopted at a special council meeting in a noncharter code city, as long as proper notice of the action was given in the notice for the special meeting.

    Towns-An ordinance may be passed at a special meeting in a town as long as proper notice of the action was given in the notice for the special meeting. However, no resolution or order for the payment of money may be passed at a special meeting. This type of action must be taken at a regular meeting.

  21. How is an ordinance certified?

    Certification consists of a statement which is attached to the ordinance that it represents the full and true copy of the final ordinance as adopted. It is signed by the city clerk, dated, and attached to the ordinance.

  22. Does certification of an ordinance require that the signature of the clerk be witnessed by a notary public?

    No. The requirement that an ordinance be certified does not mean that the signature of the clerk must be witnessed by a notary public.

    All that is required is that the clerk-treasurer of the town sign the ordinance in her official capacity and certify that it is a true and correct copy of the ordinance as adopted.

  23. Must an ordinance be recertified each time it is provided and sent out to a citizen?

    It is sufficient to send a copy of the ordinance as enacted with a copy of the original certification attached. It is not necessary that a new certification be attached to each ordinance every time it is provided to a citizen. This would appear to satisfy any statutory requirements regarding certification of an ordinance.

  24. Would a procedural irregularity in the enactment of an ordinance in a code city affect the validity of that ordinance?

    RCW 35A.21.010 indicates that if a prescribed procedure is not strictly complied with, the ordinance is still valid if no substantial detriment was incurred by any affected person by reason of the irregularity.

  25. Must a municipality keep a bound book containing all ordinances?

    All ordinances passed by the legislative body of any city or town shall be recorded by the city or town clerk in an ordinance book. RCW 5.44.080

  26. Must an ordinance be published?

    Yes. All cities and towns are required to publish every ordinance in their official newspaper. However, ordinances may be published in summary form.

  27. What are the requirements of an official newspaper?

    The newspaper must qualify as a "legal newspaper." To be a legal newspaper is must be "published regularly, at least once a week, in the English language, as a newspaper of general circulation, in the city or town where the same is published at the time of application for approval, for at least six months prior to the date of such application; shall be compiled either in whole or in part in an office maintained at the place of publication; shall contain news of general interest as contrasted to news of interest primarily to an organization, group or class; and shall hold a second class mailing permit." RCW 65.16.020.

  28. May the city publish an ordinance in summary form?

    Yes, an ordinance may be published in the city's official newspaper in summary form. This is true for every class of city or town. The summary must include a brief description which succinctly describes the main points of the ordinance. Also, a statement should be included that the full text will be mailed upon request.

  29. Does publication of the title of an ordinance satisfy the requirement of publication of a summary?

    While an ordinance title may on occasion succinctly describe the main points of an ordinance, in many instances it probably would not. Thus, a real summary is usually necessary to satisfy statutory requirement.

  30. Is there a particular location in the newspaper in which summaries of ordinances must be published?

    The state statutes only require that the ordinance or summary of the ordinance be published in the official newspaper for the city. It does not indicate that the publication must be placed into any particular section of the paper. As long as it is published, it would seem to satisfy the statutory requirements.

  31. Do resolutions have to be published in the official newspaper for the city?

    Resolutions do not have to be published in order to be effective as far as state law is concerned. The state statutes only contain a publication requirement for ordinances.

  32. Is an ordinance invalid if not published within a specified time period?

    The state statutes require that ordinances be published "promptly after adoption." Promptly is not defined, and there appears to be some discretion, within reasonable bounds, as to when an ordinance is published.

    If an ordinance is not published "promptly after adoption" the validity of the ordinance may be questioned. Therefore, it would probably be best to repass the ordinance and then publish it in the newspaper if a considerable time period has passed since its adoption.

  33. In a code city, if ordinance is published on Thursday, when does it first become effective?

    On the following Tuesday, in all likelihood. RCW 35A.12.130 provides in part:

    No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or charter . . .

    When computing time, one must exclude the first day and include the last (unless the last day is a holiday or Sunday, in which case that day or days are also to be excluded).

    Thus, an ordinance would be effective on the first Tuesday following the Thursday publication date, which would be the fifth day after the date of publication, excluding the date of publication. (The date a paper is published is the date shown on the paper as its publication date; this date may differ from the date the paper is actually printed.)

  34. When would vetoed ordinance go into effect, if code city council overrides veto?

    The determination of an ordinance's effective date should probably begin by reference to the date of the council's override of the mayor's veto. RCW 35A.12.140 requires every ordinance be signed by the mayor to be valid. The mayor's signature would be the final act by the city in the enactment of the ordinance and prior to its publication. No ordinance may go into effect until five days after its date of publication, unless otherwise provided. If the council overrides the veto, that would be the final act in the legislative process. If the veto is over-ridden, the ordinance would then be published and would go into effect five days later, assuming that a different effective date was not provided for by the ordinance. (The same answer should apply in a second class city. See RCW 35.23.211).

  35. May mayor of a code city vote to break a tie on passage o