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Battle Ground, WA Res. 97-313 - Council rules of procedure

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CITY OF BATTLE GROUND
RESOLUTION NO. 97-313

A RESOLUTION OF THE CITY OF BATTLE GROUND RESCINDING RESOLUTION NO. 96-285 AND RESOLUTION NO. 96-286, AND SETTING RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS, PUBLIC HEARINGS, LEGISLATIVE PROCESS AND PUBLIC COMMENTS OR COMPLAINTS.

WHEREAS, the City Council desires that meetings be open and responsive to the public; and

WHEREAS, such meetings should be carried out with efficiency and uniformity in the manner of Council and public participation; and

WHEREAS, written rules of procedures best assure an atmosphere conducive to said efficiency and uniformity and that no member of the Council or public need be embarrassed in the exercise of his/her right of free expression.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BATTLE GROUND DOES HEREBY RESOLVE:

1. There is hereby adopted by reference, City Council Rules

of Procedure dated March 6, 1997, and attached

hereto as Exhibit "A".

Passed by the City Council of the City of Battle Ground, Washington at a public meeting thereof held the 6th day of March, 1997.

__________________________

Mayor

ATTEST:

__________________________ APPROVED AS TO FORM:

Clerk/Treasurer

City Attorney

CITY OF BATTLE GROUND

RESOLUTION NO. 97-313 -- EXHIBIT "A"

TABLE OF CONTENTS

PAGE #

SECTION I

COUNCIL MEETINGS

1. COUNCIL MEETING - TIME AND LOCATION 1

2. COUNCIL MEETINGS - OPEN TO THE PUBLIC 1

3. ELECTION OF OFFICERS 1

4. PRESIDING OFFICER 2

5. QUORUM 2

6. ATTENDANCE, EXCUSED ABSENCES 2

7. SPECIAL COUNCIL MEETINGS 2

8. COUNCIL MEETING AGENDA/CONSENT AGENDA 3

9. STUDY SESSIONS AND WORKSHOPS 3

10. CITY MANAGER 4

11. CLERK - MINUTES - PUBLIC INFORMATION ACCESS 4

SECTION II

DUTIES AND PRIVILEGES OF MEMBERS

12. FORMS OF ADDRESS 4

13. SEATING ARRANGEMENT 4

14. APPEARANCE OF FAIRNESS DOCTRINE 5, 6 & 7

15. DISSENTS AND PROTESTS 7

16. ADMINISTRATIVE INTERFERENCE BY COUNCIL MEMBERS 7

SECTION III

COUNCIL PROCEDURES

17. RULES OF ORDER 7

18. MOTIONS 7

CITY OF BATTLE GROUND

RESOLUTION NO. 97-313 -- EXHIBIT "A"

TABLE OF CONTENTS (Continued)

PAGE #

19. ORDER OF BUSINESS 7 & 8

20. ACTIONS FOR A PUBLIC HEARING 9, 10, 11 & 12

21. VOTING AND TELECONFERENCING 12 & 13

22. COMMITTEES 13

23. ENACTED ORDINANCES, RESOLUTIONS AND MOTIONS 13 & 14

24. RESOLUTIONS 14

25. ORDINANCES 14

26. PERMISSION REQUIRED TO ADDRESS THE COUNCIL 14

27. RECONSIDERATION 14

28. LEGISLATIVE PROCESS, PREPARATION, INTRODUCTION AND

FLOW OF ORDINANCES AND RESOLUTIONS AND MOTIONS 15

29. COUNCIL RELATIONS WITH BOARDS, COMMISSIONS AND

COUNCIL CITIZEN ADVISORY BODIES 15

30. COMPLAINTS AND SUGGESTIONS TO COUNCIL 15

31. ADMINISTRATIVE COMPLAINTS MADE DIRECTLY TO

INDIVIDUAL COUNCIL MEMBERS 16

32. FILLING COUNCIL VACANCIES 16

33. PHOTOGRAPHS, MOTION PICTURES, VIDEO TAPE --

PERMISSION REQUIRED FOR ARTIFICIAL ILLUMINATION 16

34. AUDIO RECORDINGS OF MEETINGS 16

SECTION I

COUNCIL MEETING - TIMES AND LOCATIONS

COUNCIL MEETING - TIME AND LOCATION

1. All regular meetings of the City Council shall be held at the times and locations specified by applicable ordinances and resolutions of the Council..

COUNCIL MEETINGS - OPEN TO THE PUBLIC

2. All meetings of the City Council and of committees thereof shall be open to the public, except

as provided for in RCW 42.3 0. 110 or RCW 42.3 0.140.

ELECTION OF OFFICERS

3 . Procedures for electing officers are as follows:

(a) Biennially, at the first meeting of the new Council, the members thereof shall choose a presiding officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, there shall be an election for Deputy Mayor. The term of the Deputy Mayor shall run concurrently with that of the Mayor.

(b) The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nomination. Each member of the City Council shall be permitted to nominate one (1) person, and nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at this time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor-elect, and nominations shall be made in the manner previously described for the election of the Mayor.

(c) Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. The City Clerk shall publicly announce the results of the election. Thereafter, the City Clerk shall record in the minutes of the meeting the manner in which each voting member of the Council cast his or her ballot.

(d) In the event the Council is unable to agree on a Mayor by majority vote of members present, the Office of Mayor shall be temporarily filled by an Acting Mayor. The Acting Mayor shall be the Councilmember who just previously served as Deputy Mayor; or if such person is not a member of the Council, the Councilmember with the highest seniority as determined by the City Attorney. Ties shall be resolved in a contest by chance. The office of Acting Deputy Mayor shall be filled by the Councilmember who just previously served as Deputy Mayor; or if such person is not a member of the Council. The Councilmember with the next highest seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such authority as is described in Chapter 35A.13.RCW until the members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate.

PRESIDING OFFICER

4. The Mayor shall preside at meetings of the Council, and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary disability of the Mayor and Deputy Mayor, a Deputy Mayor Pro Tempore selected by members of the Council shall act as Mayor during the continuance of the absences. The Mayor or Deputy Mayor are referred to as "Presiding Officer" from time-to-time in these Rules of Procedure.

QUORUM

5. At all meetings of the Council, four Council members, who are present and eligible to vote, shall constitute a quorum for the transaction of business. A less number may adjourn from time- to- time, provided that written notice of said adjournment be posted on the exterior Council Chamber doors per RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meeting for all purposes.

ATTENDANCE, EXCUSED ABSENCES

6. RCW 3 5 A. 12.060 provides that a Council member shall forfeit his/her office by failing to attend three consecutive regular meetings of the Council without being excused by the Council. Members of the Council may be so excused by complying with this section. The member shall contact the Presiding Officer prior to the meeting and state the reason for his/her inability to attend the meeting. If the member is unable to contact the Presiding Officer, the member shall contact the City Manager or City Clerk, who shall convey the message to the Presiding Officer. Following roll call, the Presiding Officer shall inform the Council of the member's absence, state the reason for such absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable.

Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the Clerk will make an appropriate notation in the minutes.

SPECIAL COUNCIL MEETINGS

7. Procedures for setting a special meeting are as follows:

(a) A special meeting may be called by the Mayor or any four members of the Council.

(b) Notice of the special meeting shall be prepared in writing by the City Clerk. The notice shall contain the following information about the meeting: time, place, and business to be transacted. The notice form shall be approved by the City attorney.

(c) The notice shall be delivered by mail or personally to the residence of each Councilmember, the City Manager, and the business office of each local newspaper and radio and television station which has on file a written request for notice of special meetings. The notice must be delivered at least twenty-four (24) hours prior to the meeting.

(d) The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080; that is, (1) As to any member who at or prior to the time the meeting

convenes files with the Clerk a written waiver of notice, (2) As to any member who was actually

present at the meeting at the time it convenes, and (3) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the

likelihood of such injury or damage.

COUNCIL MEETING AGENDA

8. The City Clerk, under the direction of the City Manager, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. After the proposed agenda has been approved by the Presiding Officer, a copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, and the press on or before 4:30 pm two days before a regular Council meeting. The Presiding Officer shall have the option of deleting any item from the agenda until the next regular Council meeting when the full Council shall vote on whether to introduce the item on the agenda or for a subsequent Council meeting. The Presiding Officer, three (3) Councilmembers, or the City Manager may introduce a new item to the agenda.

CONSENT AGENDA

8a. The City Manager, in consultation with the Presiding Officer, shall place matters on the Consent Agenda which: (A) have been previously discussed by the Council; or (B) based on the information delivered to members of the Council by administration can be reviewed by a Councilmember without further explanation; or (c) are so routine or technical in nature that passage without discussion is likely.

8b. The Clerk shall read the Consent Agenda actions, including the titles of any ordinances or resolutions contained therein.

8c. The proper Council motion on the Consent Agenda is as follows: "I move adoption of the Consent Agenda". This motion shall be non-debatable and will have the effect of moving to adopt all items on the Consent Agenda. Since adoption of any item on the Consent Agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the Consent Agenda. Therefore, prior to the vote on the motion to adopt the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting.

STUDY SESSIONS AND WORKSHOPS

9. Regular or Special Council meetings, or portions thereof, may be designated as Study Sessions by the Presiding Officer. Study Sessions need have no formal agenda and may be conducted informally so long as such informality is not in conflict with these rules. The purpose of Study Session discussions is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. These conditions will allow the Council members to communicate informally about these impending issues. The purpose of Workshops is to allow Councilmembers to do concentrated preliminary work with administration on single subject but time consuming complex matters (i.e., Budget, complex legislation or reports, etc.)" Workshops shall be in a less formal setting, but shall not discourage public observation or

participation in the same manner as a regular Council meeting. The City Clerk, under the direction of the City Manager, shall arrange a Council Study Session or Workshop worksheet for the meeting.

The worksheet shall, for each item, contain the Discussion Item, the Discussion Item Moderator, and the Discussion Goal. After the proposed worksheet has been approved the Presiding Officer, a copy,

along with any supporting materials, shall be prepared for Councilmembers, the City Manager, and the press on or before 4:30 pm two (2) days before the Council Study Session or Workshop. During the Council Study Session or Workshop, the Discussion Item Moderator may: 1) introduce the subject and give background information; 2) identify the discussion goal; 3) act as facilitator to keep

the discussion focused to the eventual discussion goal; 4) alert the Presiding Officer when it is appropriate to call for a motion or other official direction of the Council. The Presiding Officer

retains the option of assuming the function of the Discussion Item Moderator in order to keep the discussion properly focused.

CITY MANAGER

10. The City Manager, as the chief executive officer and head of the administrative branch of City government, or his/her designee, shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by that body or as the City Manager deems it advisable to submit; keep the Council fully advised as to the business of the City; and shall take part in the Council's discussion on all matters concerning the welfare of the City. In the event that both the City Manager and Assistant City Manager are unable to attend a Council meeting, the City Manager or Assistant City Manager shall appoint a key staff member to attend the meeting as the representative of City Administration. RCW 35A.13.080.

CLERK

11. The City Clerk shall be ex-officio Clerk of the Council and shall keep minutes as required by law, and shall perform such other and further duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In the absence of the City Clerk, the City Clerk shall appoint a replacement to act as Clerk of the Council. The Clerk of the Council shall keep minutes which identify the general discussion of the issue and complete detail of the official action or consensus reached, if any. The Clerk shall tape record the proceedings of all public hearings and regular meetings, and shall keep and make available an agenda index to the contents of each tape recording, which will facilitate location of the recorded proceedings for any item of business so recorded. Access to the tape recordings shall be made reasonably available to any party who so requests, according to City Public Information Procedures.

SECTION II

DUTIES AND PRIVILEGES OF MEMBERS

FORMS OF ADDRESS

12. The Mayor shall be addressed as "Mayor (surname)" or "Your Honor". The Deputy Mayor shall be addressed as "Deputy Mayor (surname)". Members of the Council shall be addressed as "Councilmember (surname)".

SEATING ARRANGEMENT

13. Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor.

APPEARANCE OF FAIRNESS DOCTRINE

14. Appearance of Fairness Doctrine and its Application.

(a) Appearance of Fairness Doctrine Defined. "When the law which calls for public hearings gives the public not only the right to attend but the right to be heard as well, the hearings must not only be fair but must appear to be so. It is a situation where appearances are quite as

important as substance. The test of whether the appearance of fairness doctrine has been violated is

as follows: Would a disinterested person, having been apprised of the totality of a board member's

personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist? If answered in the affirmative, such deliberations, and any course of conduct reached thereon, should be voided." Zehring v. Bellevue, 99 Wn..2d 488 (1983).

(b) Types of Hearings to Which Doctrine Applies. The Appearance of Fairness Doctrine shall apply only to those actions of the Council which are quasi-judicial in nature. Quasi-judicial actions are defined as actions of the City Council which determine the legal rights, duties, or privileges of specific parties in a hearing or other contested proceeding. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents of the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide significance. RCW 42.36.010.

(c) Obligations of Councilmembers Procedure.

(1) Councilmembers should recognize that the Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but whether there is an appearance of conflict of interest to the average person. This may involve the Councilmember or a Councilmember's business associate, or a member of the Councilmember's immediate family. It could involve ex parte communications, ownership of property in the vicinity, business dealings with the proponents or opponents before or after the hearing, business dealings of the Councilmember's employer with the proponents or opponents, announced predisposition, and the like. Prior to any quasi-judicial hearing, each Councilmember should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If the answer is in the affirmative, no matter how remote, the Councilmember should disclose such facts to the City Manager who will seek the opinion of the City Attorney as to whether a potential violation of the Appearance of Fairness Doctrine exists. The City Manager shall communicate such opinion to the Councilmember and to the Presiding Officer.

(2) Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis for disqualification is made known, or reasonably should have been made known, prior to the issuance of the decision. Upon failure to do so, the Doctrine may not be relied upon to invalidate the decision. The party seeking to disqualify the Councilmember shall state with specificity the basis for disqualification; for example: demonstrated bias or prejudice for or against a party to the proceedings, a monetary interest in outcome of the proceedings, prejudgment of the issue prior to

hearing the facts on the record, or ex parte contact. Should such challenge be made prior to the hearing, the City Manager shall direct the City Attorney to interview the Councilmember and render an opinion as to the likelihood that an Appearance of Fairness violation would be sustained in superior court. Should such challenge be made in the course of a quasi-judicial hearing, the Presiding Officer shall call a recess to permit the City Attorney to make such interview and render such opinion.

(3) The Presiding Officer shall have sole authority to request a Councilmember to excuse himself/herself on the basis of an Appearance of Fairness violation. Further, if two (2) or more Councilmembers believe that an Appearance of Fairness violation exists, such individuals may move to request a Councilmember to excuse himself/herself on the basis of an Appearance of Fairness violation. In arriving at this decision, the Presiding Officer or other Councilmembers shall give due regard to the opinion of the City Attorney.

(4) Notwithstanding the request of the presiding officer or other Councilmembers,

the Councilmember may participate in any such proceeding.

(d) Specific Statutory Provisions

(1) Candidates for the City Council may express their opinions about pending or

proposed Quasi-judicial actions while campaigning, RCW 42.36.640, except that sitting Councilmembers shall not express their opinions on any such matter which may come before the Council.

(2) A candidate for the City Council who complies with all provisions of applicable

public disclosure and ethics laws shall not be limited under the Appearance of Fairness Doctrine from

accepting campaign contributions to finance the campaign, including outstanding debts. RCW 42.36.050.

(3) During the pendency of any quasi-judicial proceeding, no Councilmember may

engage in ex parte (outside the hearing) communications with proponents or opponents about a proposal involved in the pending proceeding, unless the Councilmember: (a) places on the record the substance of such oral or written communications; and (b) provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. RCW 42.36.060.

(e) Public Disclosure File. The City Clerk shall maintain a public disclosure file, which shall be available for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms filed with the Washington State Public Disclosure Commission. As to members of the Planning Agency, the file shall contain for each member a disclosure statement. The Planning Agency disclosure statement shall list all real property and all business interests located in the City of Battle Ground in which the member or the member's spouse, dependent children, or other dependent relative living with the member, have a financial interest.

(f) Procedure on Application. Any person making application for any action leading to

a quasi-judicial hearing shall be provided with a document containing the following information: (1) the names and address of all members of the City Council, and the Planning Agency; (2) a

statement that public disclosure information is available for public inspection regarding all such members, and (3) a statement that if the applicant intends to raise any appearance of fairness issue, the applicant should do so at least two weeks prior to any public hearing. The applicant shall acknowledge receipt of such document.

DISSENTS AND PROTESTS

15. Any Councilmember shall have the right to express dissent from or protest against any motion, ordinance or resolution of the Council and have the reason therefore entered in the minutes.

ADMINISTRATIVE INTERFERENCE BY COUNCILMEMBERS

16. Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any orders to any subordinate of the City Manager, either publicly or privately: provided, however, that nothing herein shall be construed to prohibit the Council, while in

open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. RCW 35A.13.120.

SECTION III

COUNCIL PROCEDURES

RULES OF ORDER

17. Rules of order not specified by statute, ordinance or resolution shall be governed by The Scott Foresman Robert's Rules of Order Newly Revised, 1990 Edition, as published by Scott, Foresman and Company. A quick reference chart of the most common "Rules of Order" questions is attached as Exhibit 3.

MOTIONS

18. All items of business placed before the Council that require the expenditure of Council and/or administration resources shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent "approval by default" of a failed negative motion.

ORDER OF BUSINESS

19. The business of all regular meetings of the Council shall be transacted as follows: provided,

however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct the business before the Council more expeditiously.

(a) Call to order by the Presiding Officer.

. (b) Pledge of Allegiance.

(c) Invocation (Presiding Officer's discretion).

(d) Roll Call (see Rule 7 for procedure to excuse an absence).

(e) Correspondence not previously received by the Council.

(f) Committee and board reports.

(g) Presiding Officer's report.

(h) Administration reports.

(I) Comments from the public (non-public hearing topics).

(1) Subjects not on the current agenda. Any member of the public may request time to address the Council after first stating their name, address, and the subject of their comments. The Presiding Officer may then allow the comments subject to such time limitations as the Presiding Officer deems necessary. Following such comments, the Presiding Officer may place the matter on the agenda or a future agenda, or refer the matter to administration or a Council committee for investigation and report.

(2) Subjects on the current agenda. Any member of the public who wishes to address the Council on an item on the current agenda shall make such request to the Presiding Officer at the time when comments from the public are requested during the agenda item discussion. As an

option, the Presiding Officer may invoke the sign in procedure defined in Rule 21(a). The Presiding Officer shall rule on the appropriateness of public comments as the agenda item is reached. The Presiding Officer may change the order of speakers so that testimony is heard in the most logical groupings (i.e., proponents, opponents, adjacent owners, vested interest, etc.).

(3) Any ruling by the Presiding Officer relative to the preceding two subsections may be overruled by a vote of a majority of members present.

(j) Public Hearings (see Rule 21 for procedural details).

(k) Consent Agenda

(l) Old Business.

. (m) New Business.

(n) Executive Session (as required).

(o) Next meeting date announced by Presiding Officer.

(p) Adjournment. No meeting shall be permitted to continue beyond 10:30pm without approval of three-fourths of the Councilmembers who are present and eligible to vote. A new time limit must be established before taking a Council vote to extend the meeting. In the event that a meeting has not been closed or continued by Council vote prior to 10:30pm, the items not acted on shall be deferred to the next regular Council meeting as old business, unless the Council, by a majority vote of members present, determines otherwise.

ACTIONS FOR A PUBLIC HEARING

20. The procedures for a public hearing are as follows:

(a) Prior to the start of the "Comments from the Public" portion of the public hearing, the Presiding Officer may require that all persons wishing to be heard shall sign in with the Clerk, giving their names and addresses, the agenda item, and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing all persons who have signed in and wish to be heard shall be heard. However, the Presiding Officer shall be authorized to establish speaker time limits and otherwise control presentations to avoid repetition. In public hearings that are not of a quasi-judicial nature, the Presiding Officer, subject to concurrence of the majority of the Council, may establish time limits and otherwise control presentations. The Presiding Officer may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.).

(b) The Presiding Officer introduces the agenda item, opens the public hearing, and announces the following Rules of Order:

(1) "All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. If there is any appeal, the court must make its decision on the basis of what was said here."

(2) "It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent, please speak during the proponent portion and identify yourself as neither a proponent nor an opponent."

(3) "No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting."

(4) "There will be no demonstrations during or at the conclusion of anyone's

presentation."

(5) "These rules are intended to promote an orderly system of holding a public hearing, to give every person an opportunity to be heard and to ensure that no individuals are embarrassed by exercising their right of free speech."

(c) When Council conducts a hearing to which the Appearance of Fairness Doctrine applies, the Presiding Officer (or in the case of a potential violation by that individual, the Deputy Mayor) will ask if any Councilmember knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows:

"All Council members should now give consideration as to whether they have: (1) a demonstrated bias or prejudice for or against any party to the proceedings; (2) a direct or indirect monetary interest in the outcome of the proceedings; (3) a prejudgment of the issue prior to hearing the facts on the record; or (4) ex parte

contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Councilmember should answer in the affirmative, then the Councilmember should state the reason for their answer at this time, so that the Chair may inquire of Administration as to whether a violation of the Appearance of Fairness Doctrine exists."

(d) At the outset of each public hearing or meeting to consider a zoning amendment or zoning reclassification, the Presiding Officer or City Attorney will announce the legal standards for zoning amendments and ask the parties to limit their presentations to information within the scope of the standards. The form of the announcement is as follows:

"The following constitutes the legal standards for zoning amendments under the law of the State of Washington:

1. The current zoning is presumed valid

2. The burden of proof is on the applicant for the rezone to establish by proof in sufficient measure that conditions in the area have substantially changed since the enactment of the current zoning. This proof may, of course, come from any source; either the applicant, the administration, or the public. The important consideration is that the decision must be made on the basis of information provided at this meeting or any continued meeting.

3. A rezone must bear a substantial relationship to the public health, safety, morals or welfare.

4. Any terms of a concomitant agreement intended to neutralize the impact of the proposed property usage such as (without limitation) intermediate Y, increased setbacks, screening, reduced building height restrictions, building or roads and sidewalks or other off-site

requirements and the like, should be developed in writing upon the recommendation of the administration prior to the first public hearing on the application. However the City Council may introduce such terms on their own motions. In any event, no action shall be final until such terms are agreed to in writing.

5. After this body has heard all the evidence, there will be a motion to approve the rezone. This does not mean that the member so moving or so seconding is in favor of the rezone, but that Council has been advised by the City Attorney that affirmative motions are preferable.

6. Following the decision, this body must make findings of fact and conclusions of reasons for its action. These findings may be drafted by Administration or there may be a recess for the drafting of such items.

Bearing in mind the legal standards I have just described, please limit your comments to information within the scope of these standards."

(e) The Presiding Officer calls upon City Administration to describe the matter under consideration.

(f ) The Presiding Officer calls for proponents in quasi-judicial proceedings and for speakers in non-quasi-judicial proceedings. When considering a zoning amendment or zoning reclassification, the Presiding Officer shall announce:

"Site Plans, artistic renditions, and the like in support of the zoning amendment should be avoided except as they help explain the terms of a concomitant agreement. Any graphic representations should be used for illustrative purposes only and the Planning Agency or City Council should avoid indicating approval or disapproval of such plans."

(g) The proponents or speakers now speak. (Note: if the City of Battle Ground is the proponent, a member or members of the administration shall be designated to give proponent and rebuttal testimony.)

(h) The Presiding Officer calls for additional proponents or speakers three times.

(i) In non-quasi-judicial proceedings refer to Rule.21 (I), otherwise the Presiding Officer calls for opponents by announcing the following:

"At this time the opponents will have an opportunity to speak. Should any opponent have questions to ask of the proponents, ask the questions during your presentation. The proponents shall note the question asked, and answer such questions when the proponent speaks in rebuttal. The proponent shall be required to answer any reasonable question, provided that the Presiding Officer reserves the right to rule any question out of order."

(j) Opponents speak.

(k) The Presiding Officer calls for additional opponents three times.

(l) The Presiding Officer calls for proponents to speak in rebuttal. A proponent speaking in rebuttal shall not introduce new materials. If the proponent does, or is allowed to do so, the opponents shall also be allowed to rebut the new elements.

(m) The Presiding Officer announces the following:

"At this time I will inquire of the administration as to whether there have been any mis-statements of fact or whether the administration wishes to introduce any material as to subjects raised by the proponents or opponents, or alter in any regard its initial recommendations."

(n) The Presiding Officer inquires as to whether any Councilmembers have any questions to ask the proponents, opponents, speakers, or Administration. If any Councilmember has questions, the appropriate individual will be recalled to the podium.

(o) The Presiding Officer closes the public hearing.

(p) The Presiding Officer inquires if there is a motion by any Councilmembers. If a motion is made, it shall be in the form of an affirmative motion. Following the motion and its second, discussion occurs among Councilmembers. The Presiding Officer may call on individual Councilmembers in the discussion.

(q) The Presiding Officer inquires if there is any further discussion by the Councilmembers.

(r) The Presiding Officer inquires if there are any final comments or recommendations from Administration.

(s) The Presiding Officer inquires of the Councilmembers as to whether they are ready for the question.

(t) The Clerk shall conduct a roll call vote.

(u) The Presiding Officer directs Administration to prepare findings consistent with the action. The findings may be approved the same night, if ready, or may be placed on the agenda of the next regular or special meeting.

VOTING AND TELECONFERENCING

21. The votes during all meetings of the Council shall be transacted as follows:

(a) Unless otherwise provided for by statute, ordinance, or resolution, all votes shall be taken by voice, except that at the request of any Councilmember, a roll call vote shall be taken by the Clerk. The order of the roll call vote shall be determined by the Presiding Officer.

(b) In case of a tie in votes on any proposal, the proposal shall be considered lost.

(c) Every member who was in the Council chambers when the question was put. shall give their vote unless the Council, for special reasons, shall excuse the member by motion or unless the Councilmember is excused in accordance with Rule 15. If any Councilmember refuses to vote "aye" or "nay", their vote shall be counted as a "nay" vote.

(d) The passage of any ordinance, grant or revocation of franchise or revocation of franchise or license, any resolution for the payment of money any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council.

(e) The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity or violence of nature or riot or insurrection or war, and provisions for a lesser emergency, such as a budget amendment, shall require the affirmative vote of at least a majority plus one of the whole membership of the Council.

(f) The passage of any motion or resolution not subject to the provisions of RCW, the Battle Ground Municipal Code, or this Resolution as amended, shall require the affirmative vote of at least a majority of the membership of the Council who are present and eligible to vote.

(g) Teleconference participation by Councilmembers may be allowed under the following circumstances, subject to reasonable technical availability at the meeting location:

(1) Requests to use Teleconference participation for voting purposes shall be limited to extraordinary circumstances and must be ruled upon by the Council of the whole by specific motion before the Council main agenda begins. In such case, a microphone pickup must allow the

Teleconference participant to engage in Council discussion and be heard. Telephone charges are to be at the Councilmember's own expense, unless waived in the Council motion. Adequate notice must be given to allow hookup in time for the main agenda

(2) Requests to participate by Teleconference in a nonvoting capacity shall be granted provided technical capability exists and adequate notice is given, and shall be at the Councilmember's own expense, unless waived in the Council motion.

(3) No teleconference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings.

Examples of extraordinary circumstances would be: emergencies or illness, accident, unforeseen urgent business, etc.

COMMITTEES

22. The City of Battle Ground has recently changed form of government and is in transition from Council Administrative Committees to the normal Council/Manager system. Therefore, the procedures governing all committees of the Council shall be as follows:

(a) All standing committees which are required by state law shall consist of three members of the Council appointed by the Mayor in January of each year, or at such time as new standing committees are required by state law.

(b) All other Council committees and rules or operating procedures thereof shall be established by Council directive with special attention to RCW 35A.13.120, and after consultation with and recommendation by the City Manager. Such committees shall be subject to periodic review so as to determine whether the committee and its function continues to be appropriate and necessary. A current copy of the Motion(s)-establishing Committees shall be attached hereto as Exhibit "A-1".

(c) Special Ad Hoc committees for a particular purpose may be appointed by the Mayor, along with a clear task description and "sunset" provision.

(d) Committees shall make a recommendation, when appropriate, on proposed ordinances, resolutions and motions within their area of responsibility, before action is taken by the Council. The Committee Chair shall present the recommendations of the committee during the discussion of the item of business.

ENACTED ORDINANCES, RESOLUTION AND MOTIONS

23. An enacted ordinance is a legislative act prescribing general, uniform, and permanent rules of conduct relating to the corporate affairs of the municipality. Council action shall be taken by ordinance when required by law, or where such conduct is enforced by penalty. An enacted

resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law.

RESOLUTIONS

24. A resolution may be put to its final passage on the same day on which it was introduced. The title of each resolution shall, in all cases, be read prior to Its passage; provided, should a Councilmember request that the entire resolution or certain of its sections be read, such requests shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting.

ORDINANCES

25. The procedures for ordinances are as follows:

(a) A Councilmember may, in open session, request of the Presiding Officer that the Council study the wisdom of enacting an ordinance. The Presiding Officer then may assign the proposed ordinance to Administration, a committee or the Council of the whole for consideration. The committee administration shall report its findings to the Council.

(b) All ordinances shall have two separate readings at separate Council Meetings. At each reading, the title of an ordinance shall, in all cases, be read prior to its passage; provided that should a Councilmember request that the entire ordinance or certain of its sections be read, such requests shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting.

(c) The provision requiring two separate readings of an ordinance may be temporarily suspended at any meeting of the Council by a majority vote of all members present.

(d) If a Motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost, unless a subsequent motion directs it revision and resubmission to second reading.

(e) Any ordinance repealing any portion of the Battle Ground Municipal Code shall also repeal the respective portions of the underlying ordinance(s).

PERMISSION REQUIRED TO ADDRESS THE COUNCIL

26 Persons other than Councilmembers and administration shall be permitted to address the Council upon introduction by the Presiding Officer or the chair of the appropriate Council committee.

RECONSIDERATION

27. Any action of the Council, including final action on applications for changes in land use status, but excluding a reconsideration of any action previously reconsidered, motions to adjourn, motions to suspend the rules, an affirmative vote to lay on the table or to take from the table, or a vote electing to office one who is present and does not decline; shall be subject to a motion to reconsider. Such motions can only be made by a member of the prevailing side on the original action. A motion to reconsider must be made no later than the next succeeding regular Council meeting. A

motion to reconsider is debatable only if the action being reconsidered is debatable. Upon passage of a motion to reconsider, the subject matter is returned to the table anew at the next regular Council meeting for any action the Council deems advisable.

LEGISLATIVE PROCESS, PREPARATION, INTRODUCTION AND FLOW OF ORDINANCES AND RESOLUTIONS AND MOTIONS

28. Ordinances and resolutions shall be prepared, introduced, and proceed in the manner described on the flow chart attached hereto as Exhibit "A-2", and by this reference incorporated herein. Prior to final passage of all ordinances, resolutions or motions, such documents or proposals shall be designated as DRAFTS, as follows:

(a) PROPOSED DRAFTS shall contain the name of the group, organization, committee or individual originating, initiating, or sponsoring the proposal prior to the first presentation to the City Council, where a vote is taken directing some official action or further consideration.

(b) COUNCIL DRAFTS shall be documents or proposals which have been presented in open session and voted on by the City Council when the resultant Council action was other than passage or a vote to cease further consideration.

COUNCIL RELATIONS WITH BOARDS, COMMISSIONS AND
COUNCIL CITIZEN ADVISORY BODIES

29. All statutory boards and commissions and Council citizen advisory bodies shall provide the Council with copies of minutes of all meetings. Communications from such boards, commissions and bodies to the City Council shall be made in the form of a motion and recorded in the minutes. Any such communication shall be officially acknowledged by the Council and receipt noted in the minutes. The procedure for acknowledging such receipt shall be as follows. Any member of the Council may bring such communication to the Presiding Officer's attention under the agenda item "Committee and Board Reports." The Presiding Officer shall state: "So noted for the record", and thereafter the Clerk shall make an appropriate notation in the minutes. 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.

COMPLAINTS AND SUGGESTIONS TO COUNCIL

30. When citizen complaints or suggestions are brought before the City Council not on an agenda, the Presiding Officer shall first determine whether the issue is legislative or administrative in nature and then:

(a) If legislative, and a complaint about the letter or intent of legislative acts or suggestions for changes to such acts, and if the Council finds such complaint suggests a change to an ordinance or resolution of the City, the Presiding Officer may refer the matter to a committee, Administration, or the Council of the whole for study and recommendation.

(b) If administrative and a complaint regarding administrative staff performance, administrative execution of legislative policy or administrative policy within the authority of the City Manager, the Presiding Officer should then refer the complaint directly to the City Manager for his/her review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief or report to the Council when his/her response is made.

ADMINISTRATIVE COMPLAINTS MADE DIRECTLY
TO INDIVIDUAL COUNCILMEMBERS

31. When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for his/her review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint.

FILLING COUNCIL VACANCIES

32. If a vacancy occurs in the office of Councilmember, the Council will follow the procedures outlined in RCW 35A.13.020. In order to fill the vacancy with the most qualified person available until an election is held, the Council will widely distribute and publish a notice of the vacancy, the procedure and any application form for applying. The Council will draw up an application form which contains relevant information to answer set questions posed by the Council. The application forms will be used in conjunction with an interview of each candidate to aid the Council's selection of the new Councilmember.

PHOTOGRAPHS, MOTION PICTURES, VIDEO TAPE --
PERMISSION REQUIRED FOR ARTIFICIAL ILLUMINATION

33. No photographs, motion pictures, or video tapes that require the use of flash bulbs, electronic flashes, flood lights, or similar artificial illumination shall be made at City Council Meetings without the consent of the Presiding Officer or a majority of the Council.

AUDIO RECORDINGS OF MEETINGS

34 . All regular meetings, Public Hearings and Quasi-judicial Proceedings of the City Council shall be recorded by the City Clerk on an audio recording device. Workshops or Study Sessions where mostly legislative process action or administrative project discussion is intended, shall not be recorded unless the Council shall so elect upon advice of the City Manager or City Attorney.