Forms of Official Action
Excerpted from Local Ordinances for Washington Cities and Counties, Report No. 50, May 2000, MRSC
Contents
Introduction
The legislative bodies of counties, cities, and towns have various options available for taking legislative action, including the passage, adoption, or approval of ordinances, resolutions, rules, regulations, motions, and orders. It is, of course, important to be familiar with each option and when it is preferable to use one form instead of another.
Ordinances
An "ordinance," as that term is typically used, refers to a "local law of a municipal corporation, duly enacted by the proper authorities, prescribing general, uniform, and permanent rules of conduct, relating to the corporate affairs of the municipality." [5 McQuillin, Municipal Corporations, § 15 01 (3d Ed )] Ordinances may be used for purely administrative purposes, such as to establish an office or set salaries. An ordinance can either regulate conduct or, for example, when establishing a crime, prohibit described conduct or actions altogether. [1 Matthews, Municipal Ordinances, § 1 01]
Resolutions
A "resolution" typically is less solemn and formal than an ordinance and, "generally speaking, is simply an expression of the opinion or mind of the official body concerning some particular item of business or matter of administration coming within its official cognizance." [Baker v. Lake City Sewer District, 30 Wn. 2d 510, 518, 191 P. 2d 844 (1948)] In practice, resolutions are often limited to expressions of opinion. Contrasted with an ordinance, which generally prescribes permanent rules of conduct or government, a resolution usually deals with matters of a special or temporary character. [5 McQuillin, Municipal Corporations, § 15.02 (3rd Ed. )] (Resolutions adopted by a county council or commission may, in some instances, be similar to an ordinance, as many state statutes allow a county to adopt laws or take an official action either by resolution [See, e.g., RCW 36.40.080, relating to the adoption of the final budget, and RCW 36.94.380, relating to the establishment of a "County Local Improvement Guaranty Fund "] or "by ordinance or resolution.") [See, e.g., RCW 36.40.250, relating to the adoption of a process to provide for biennial budgets, and RCW 36.83.020, relating to the establishment of a bridge or road improvement special benefit district]
Ordinance or Resolution?
When should an ordinance be used instead of a resolution? Obviously, if a state statute requires one form be used instead of the other, that requirement must be followed. If no particular form is specified, either a resolution or ordinance may be used. [State ex rel. Sylvester v. Superior Court, 60 Wash. 279, 111 P. 19 (1910); LaMon v. Westport, 22 Wn. App. 215, 588 P.2d 1205 (1978).] Ministerial and administrative acts may be exercised by resolution. [State ex rel. Morrison v. Seattle, 6 Wn. App. 181 , 492 P.2d 1078 (1971).] Legislative acts, however, it has been suggested, should be made by ordinance. ["Ordinances, Resolutions and Motions: When to Use Which - How to Adopt Personnel Policies," by James K. Pharris, Senior Assistant Attorney General and Robert J. Fallis, Assistant Attorney General , State of Washington. WSAMA Proceedings, November 8-9, 1985, pp. 155- 168.]
What is "legislative"? The general guiding principle is that "[a]ctions relating to subjects of a permanent and general character are usually regarded as legislative, and those providing for subjects of a temporary and special character are regarded as administrative." [Durocher v. King County, 80 Wn.2d 139, 153, 492 P.2d 547 (1972).]
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Rules or Regulations
"Rules or regulations" are used to regulate the manner of doing municipal business or to establish certain types of procedures. They are subsidiary to ordinances and are generally updated when an ordinance, state or federal law is amended. Rules and regulations do not carry penalties, relying instead on their underlying ordinances, upon which they are based, for enforcement authority. Rules or regulations remain in effect until suspended or revoked.
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Orders
An "order" is used by a legislative body to direct a specific action be taken on behalf of the municipality. An order, for example, could be used to authorize the mayor or county executive to sign a contract. An order is less than a legislative enactment and requires little, if any, formality; for example, an order may be oral. Once an order has been complied with, it no longer has effect. Back to Contents