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.

The city council’s authority under RCW 35A.12.120 includes the authority to control the agenda for council meetings.  The mayor is the presiding officer at council meetings but does not have the authority to control the agenda contrary to the council’s wishes.  If a majority of the council votes to place an item on the agenda for discussion, then the item must be placed on the agenda for discussion.  The mayor does not have the authority to refuse to place on the agenda items the council wishes to discuss.

The procedures for the conduct of council meetings are largely policy decisions within the discretion of the city council as long as they comply with state law.  Cities often have specific procedures for placing items on the council agenda.  This type of policy is within the control of the council to establish and there are many variations in procedure that are acceptable.

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

• Knowing Your Roles: Resolving and Preventing Conflicts Between Mayors and Councils, MRSC
• Mayor's Handbook (452kb), MRSC, Report No. 44, February 1999
• Councilmember's Handbook (690kb), MRSC, Report No. 48, January 2000

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.

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.