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Kennewick City Council Rules of Procedure

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Kennewick City Council
Rules of Procedure

Table of Contents
Authority
General Rules
Types of Meetings
Chairman and Duties
Order of Business and Agenda
Ordinances, Resolutions and Motions
Creation of Committees, Boards and Commissions
Citizens' Rights
Review of Final Quasi-Judicial Decisions
Suspension and Amendment of These Rules

1. Authority

    1.1 Kennewick Municipal Code: The Kennewick Municipal Code provides that the Council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adop tion by the Council and until such time as they are amended or new rules adopted in the manner provided by these rules.

2. General Rules

    2.1 Meetings to be Public: All official meetings of the Council shall be open to the public with the exception of the executive sessions for cer tain limited topics, as defined in Section 3.5. The journal of proceed ings (minute book) shall be open to public inspection.

    2.2 Quorum: Four Councilmembers shall be in attendance to constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time.

    2.3 Compelling Attendance: The Council may adjourn from day-to-day to compel the attendance of absent members.

    2.4 Journal of Proceedings: An account of all proceedings of the Council shall be kept by the City Clerk and shall be entered in a book constitut ing the official record of the Council.

    2.5 Ordinances: Confined to one Subject; Exceptions: No ordinance except an appropriation ordinance, an ordinance adopting or embodying an administrative or governmental code, or an ordinance adopting a code of ordinances, shall relate to more than one subject, which shall be clearly stated in its title.

    2.6 Right of Floor: Any member desiring to speak shall be recognized by the Chair, and shall confine his or her remarks to one subject under consideration or to be considered.

    2.7 City Manager: The City Manager shall attend all meetings of the Council, unless excused by the Council. He shall keep the Council fully advised as to the financial condition and needs of the City. He may make recommendations to the Council and may take part in discussion on all matters concerning the welfare of the City. He shall have a seat, but no vote, in the meetings of the City Council (KMC 2.04.080).

    2.8 City Attorney: The City Attorney shall attend all meetings of the Council, unless excused by the City Manager. Any member of the Council may, at any time during a regular or special meeting of the Council, call upon the City Attorney for an oral or written opinion to decide any question of law, but not to decide upon any parliamentary rules (KMC 2.04.100).

    2.9 City Clerk: The City Clerk, or such other person as the City Manager may designate, shall be ex officio Clerk of the Council and shall keep minutes of the meeting and perform such other further duties in the meeting as may be ordered by the City Manager (KMC 2.04.090).

    2.10 Officers and Employees to Attend: The head of any department or any officer or employee of the City, when requested by the Mayor, the City Council, or the City Manager, shall attend any regular, adjourned, or special meeting and confer with the Council on all matters relating to the City.

    2.11 Rules of Order: "Robert's Rules of Order Revised" shall govern the deliberations of the City Council, except as they may be in conflict with the following specific rules:

    1. Motion to be Stated by Chair - Withdrawal. When a motion is made and seconded, it shall be stated by the chair before debate. Any member may demand that it be put in writing. A motionmay not be withdrawn by the mover without the consent of mem ber seconding it, and the approval of the council;

    2. Motion Out of Order. The presiding officer may at any time by a majority vote, permit a member to introduce an ordinance, resolu tion, or motion out of the regular order;

    3. Motion to Adjourn, When not in order, not debatable. A motion to adjourn shall be in order at any time, except as follows:

      (a) When repeated without intervening business or discussion,

      (b) When made as an interruption of a member while speaking,

      (c) When the previous question has been ordered,

      (d) While a vote is being taken. A motion to adjourn is debatable only as to the time to which the meeting is adjourned;

    4. Amend to Strike Out and Insert. On an amendment to "strike out and insert" the paragraph to be amended shall first be read as it stands, then the words proposed to be stricken out and those to be inserted shall be read, and finally the paragraph as it would stand if so amended shall be read;

    5. Reconsideration. After the decision on any question any member who voted with the prevailing side may move a reconsideration of any action at the same or the next succeeding meeting; provided, however, that a resolution authorizing or relating to any contract may be reconsidered at any time before the final execution there of. After a motion for reconsideration has once been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent. (Ord. 3242 Sec. 1 (part), 1990: Ord. 1286 Sec. 13, 1964).

3. Types of Meetings

    3.1 Regular Council Meeting: The Council shall meet on the first and third Tuesdays of each month at seven-thirty p.m. When a Council meeting falls on a holiday, the regular meeting shall be held on the fol lowing Wednesday at the same hour unless otherwise provided by mo tion. The City Council may cancel or reschedule regular meetings at a different date or time by a motion. The place of the meeting shall be the Council chambers in the city hall, and all regular and special meetings shall be public (KMC 2.04.010).

    3.2 Special Meetings: Special meetings may be called by the Mayor or any three members of the Council. The City Clerk shall prepare a notice of the special meeting, stating the time, place, and object, and personally serve notice upon each of the city council at least 24 hours before the time of meeting. The City Clerk shall attempt to notify each member of the council in person, either by telephone or otherwise, of the special meeting. The city clerk shall give notice of the special meeting to each local newspaper of general circulation and to each local radio and televi sion station which has filed with her a written request to be notified of special meetings. The city council may not make final disposition of any matter not mentioned in the notice.

    Written notice may be waived in writing by any councilmember and is waived by his presence at the meeting.

    Special meetings may be called in less than 24 hours, and without the notice required in this section, to deal with emergencies involving injury or damage to persons or property or the likelihood of such injury or dam age if the notice requirements would be impractical or increase the likeli hood of such injury or damage (KMC 2.04.030).

    3.3 Adjourned Sessions: Any session of the Council may be continued or adjourned from day-to-day, or for more than one day, but no adjourn ment shall be for a longer period than until the next regular meeting thereafter (KMC 2.04.040).

    3.4 Study Sessions: The Council may meet informally in study sessions (open to the public), at the call of the Mayor or of any two or more mem bers of the Council, to review forthcoming programs of the City, receive progress reports on current programs or projects, or receive other similarinformation from the City Manager, provided that all discussions and conclusions thereon shall be informal.

    3.5 Executive Sessions: Executive sessions or closed meetings may be held in accordance with the provisions of the Washington State Open Meet ings Act (KMC 2.04.045).

    3.6 Attendance of Media at Council Meetings: All official meetings of the City Council and its committees shall be open to the media, freely sub ject to recording by radio, television and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings.

4. Chairman and Duties

    4.1 Chairman: The Mayor, if present, shall preside as chairman at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and the Mayor Pro Tem, the Council shall elect a Chairman.

    4.2 Call to Order: The meetings of the Council shall be called to order by the Mayor or, in his absence, by the Mayor Pro Tem. In the absence of both the Mayor and the Mayor Pro Tem, the meeting shall be called by to order by the City Clerk for the election of a temporary Chairman. The roll shall then be called by the Clerk, who shall enter in the minutes of the meeting the names of the members present. Four Councilmembers shall be in attendance to constitute a quorum (KMC 2.04.050).

    4.3 Preservation of Order: The Chairman shall preserve order and decorum, prevent attacks on personalities or the impugning of members' mo tives, and confine members in debate to the question under discussion.

    4.4 Points of Order: The Chairman shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Chairman be sus tained?"

    4.5 Questions to be Stated: The Chairman shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member, in the manner provided in Section 6.7 of these rules.

    4.6 Substitution for Chairman: The Chairman may call any other member to temporarily chair the meeting in order to take part in debate or to cover a temporary absence.

    4.7 Presiding Officer - Powers: The presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a Councilman by reason of his acting as the presiding officer (KMC 2.04.070).

5. Order of Business and Agenda

    5.1 Order of Business: The business of all regular meetings of the Council shall be transacted in the following order, unless the Council, by a ma jority vote of the members present, suspends the rules and changes the order:

    (1) Call to Order - Roll Call;

    (2) Approval of Agenda;

    (3) Consent Agenda;

    (4) Visitors

    (5) Ordinances and Resolutions;

    (6) Public Hearings/Meetings;

    (7) Unfinished Business;

    (8) New Business;

    (9) Council Action/Discussion;

    (10) Adjournment.

    The consent agenda may contain items which are of a routine and non-controversial nature which may include, but are not limited to, the following: communications, memos and reports for information ofCouncil, resolutions, agreements, petitions, minutes of commissions and boards, applications, approval of accounts, which may be accepted by consent of the Council by a single vote without reading, unless a member of the Council should request such reading and such request shall be granted. Minutes of the preceding meeting, and bills tendered for pay ments shall not be read in detail at each meeting prior to approval, unless a member of the Council should request such reading. In such instances the request shall be granted. Any item on the consent agenda may be removed and considered separately as an agenda item at the re quest of any Councilmember (KMC 2.04.120).

    5.2 Agenda: All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council shall, at least twelve business hours prior to each Council meeting be delivered to the City Manager whereupon he shall arrange a list of such matters accord ing to the order of business. The City Clerk shall furnish each member of the Council, the City Attorney, and all news media with a copy of the agenda at least eight business hours prior to the Council meeting, and under normal circumstances on the Friday preceding regular meetings. The City Clerk shall also publish a summary of the agenda in a legal newspaper prior to each regular Council meeting (KMC 2.04.020).

    5.3 Presentation of Members by Council: The agenda shall provide a time when the Mayor or any Councilmember may bring before the Council any business that he/she feels should be deliberated upon by the Council (Council Action/Discussion). These matters need not be specifically listed on the agenda, but formal action on such matters may be deferred until a subsequent Council meeting, except that immediate action may be taken upon a vote of a majority of all members of the Council.

    5.4 Reading of Minutes: Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the City Clerk previously furnished each member with a copy thereof.

    5.5 Election of Mayor: The Mayor shall be elected by the Council by the following procedure: All Councilmembers are nominated for the office. The City Clerk will call the role in reverse alphabetical order. Each Councilmember, as his name is called, casts his vote verbally. If more than one vote is required, all names shall remain on the ballot. Voting shall continue until one Councilmember receives four votes.

    Immediately after the election, the new Mayor shall take the chair, and announce that the next item of business is the election of a Mayor Pro Tem. The same roll call procedure will be followed as for the election of a Mayor, except with the roll called in alphabetical order.

6. Ordinances, Resolutions and Motions

    6.1 Form: Ordinances and resolutions shall be presented to the Council only in printed or typewritten form.

    6.2 Funding: All ordinances authorizing an expenditure of money shall include the exact source of the funds to be expended.

    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).

    6.5 Ordinances - Enactment Procedure: The title to an ordinance shall in all cases be read prior to its passage. The enacting clause of all ordi nances shall be as follows: "The City Council of the City of Kennewick do ordain as follows:" No ordinance shall contain more than one subject and that must be clearly expressed in its title.

    No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length (KMC 2.04.160).

    6.6 Recording of Votes: The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Council.

    6.7 Majority Vote Required: An affirmative vote of at least a majority of the members of the Council shall be necessary to pass an ordinance, but a resolution, motion, or any other proposition may be adopted by a ma jority voting on the issue. When any vote is called, each Councilmem ber shall respond "yes (aye)," "no," or "abstain." Any Councilmember who responds "abstain" shall state their reason for abstention, being lim ited to a possible conflict of interest, and the abstention shall be accepted or rejected by the Council.

    6.8 Tie Vote: In the event of a tie in votes on any motion, the motion shall be considered lost.

    6.9 Numbering Ordinances and Resolutions: A number shall be assigned to each ordinance or resolution by the City Clerk.

    6.10 Ordinance Passage Procedure: When passed by the Council, an ordinance shall be signed by the presiding officer and be attested by the City Clerk; and it shall be immediately filed and thereafter preserved in the office of the City Clerk.

    6.11 Ordinances - When Effective: No ordinance shall take effect until five days after the date of its publication unless otherwise provided by stat ute, except an ordinance passed by a majority plus one of the whole membership of the Council, designated therein as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace, may be made effective upon adop tion, but such ordinance may not levy taxes, grant, renew, or extend a franchise, or authorize the borrowing of money. The City Clerk will nor mally publish a summary of all ordinances unless otherwise directed by the City Council or Manager or unless otherwise required by law (KMC 2.04.170).

    6.12 Requests for Ordinances or Legal Opinions: Any member of the City Council may request the City Manager to have prepared proposed ordi nances with such ordinances to be placed on the agenda of the next scheduled study session, provided the ordinance can be drafted and dis tributed to members of the Council in accordance with time schedules set forth in Section 6.5 of these rules. Any member of the City Council may request written legal opinions, relating to City business, from the City Manager. Upon receiving requests for a proposed ordinance or a written legal opinion, the City Manager shall forthwith cause to have distributed the subject ordinance or written legal opinion to all members of the Council so that all members of the Council may be fully informed of the status of City affairs. Any member of the Council may, for purposes of inquiry, request verbal opinion or advice on City legal matters directly from the City Attorney.

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 whichit 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.

8. Citizens' Rights

    8.1 Addressing the Council: Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer, provided, however, that preference will be given to those persons who have notified the City Clerk by noon of the Friday immediately pre ceding the Tuesday Council meeting of their desire to speak, and they will be recognized by the presiding officer without further action.

    8.2 Manner of Addressing the Council - Time Limit: Each person addressing the Council shall step up to the microphone, will give his/her name and address in an audible tone of voice for the record and, unless further time is granted by the Council, shall limit their address to three minutes. All remarks shall be addressed to the Council as a body, and not to any member thereof. No person, other than members of the Coun cil and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council. No questions shall be asked the Councilmembers, except through the presid ing officer. The Council would then determine the disposition of the issue (placed on present agenda, workshop, other agendas, or do not consider).

    8.3 Personal and Slanderous Remarks: Any person making personal, impertinent or slanderous remarks, or who shall become boisterous, while addressing the Council may be requested to leave the meeting and may be forthwith, by the presiding officer, barred from further audience before the Council during that Council meeting.

    8.4 Reading of Protests: Interested persons, or their authorized representatives, may address the Council for the reading of protest, petitions, or communications relating to any matter over which the Council has con trol, when the item is under consideration by the Council, if a majority of the Council present agrees to let them be heard.

    8.5 Mayor May Appoint Committee or Refer Citizens' Complaints: The Mayor may appoint a committee of three members of the City Council to hear citizens' complaints or may refer citizens' complaints to an execu tive session of the City Council, whenever the subject would be appropriate.

    8.6 Written Communications: Interested parties, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council had control at any time by direct mail or by addressing the City Clerk and copies will be distributed to the Councilmembers.

9. Review of Final Quasi-Judicial Decisions

    9.1 Scope: These rules apply to the City Council's review of all final quasi-judicial decisions of City Officials and agencies unless another review procedure is specifically provided by law.

    9.2 Methods of Review: (a) Review of an administrative decision or recommendation which has been unanimously affirmed by a reviewing or appellate body is only by permission of the Council. The Council will accept or reject the petition without hearing or rebuttal unless the Coun cil directs otherwise. All other appeals will be accepted without Council action. If the Council accepts a petition for review, the petition will be treated as an appeal.

    (b) Unless otherwise specifically provided, review shall be on the record of the agency from which the appeal is taken. No new evidence will be accepted unless the evidence was of such kind and character that it could not reasonably have been presented to the agency below and,unless directed to the propriety of the proceedings by the agency, new evidence will normally only be grounds be remanding to the agency for further consideration.

    (c) The costs of preparing a transcript for Council review rests with the party requesting review or appealing. Costs shall be collected prior to preparation of the record and in no case later than five days after the filing of the appeal or acceptance of review. The Clerk shall dismiss any appeal for which costs are not posted or an affidavit of indigency filed.

    (d) All appeals shall make appropriate references to the record. Petitions, if accepted, shall be annotated to reflect appropriate references. Appeals which are only an invitation to search for error will normally be affirmed.

    9.3 Council Review: (a) Generally. Except as otherwise provided by law:

    1. The burden of demonstrating the invalidity of the agency's action or decision is on the person asserting that invalidity.

    2. The validity of the agency action shall be determined in accord with the standards for review provided in this section as applied to the agency action at the time it was taken.

    3. The Council shall make a separate and distinct ruling on each material issue on which it bases its decision.

    4. The Council shall grant relief only if it determines that the person seeking relief from the agency's decision has been substantially prejudiced by the action.

    (b) Grounds for Relief. The Council shall grant relief from any agency determination or action only if it determines that:

    1. The action or decision violates on its face or as applied some constitutional or statutory provision.

    2. The action is outside the lawful authority or jurisdiction of the agency.

    3. The agency has engaged in an unlawful procedure or decision-making process or has failed to follow procedures prescribed by law.

    4. The agency has erroneously interpreted or applied the law.

    5. The order is not supported by evidence that is substantial when viewed in light of the record as a whole.

    6. The agency has not decided all issues required for resolution or a proper decision.

    7. A member of the agency actually making the decision failed to properly recuse himself.

    8. The decision is arbitrary or capricious.

    9.4. Form of Appeal or Petition and Oral Presentation: (a) All appeals or petitions for review must be submitted in writing and particularize the error committed by the agency. All such comments shall be submitted to the City Clerk not later than 30 days after filing of the appeal or the ac ceptance of review, or 20 days after the preparation of the record by the agency, whichever is longer.

    (b) Any party to the proceedings below may answer the appeal or the review once it is accepted. Such answer shall be served on the City Clerk no later than Thursday prior to the Council Meeting at which the hearing is scheduled.

    (c) Any person responding in writing may address the Council, but for no longer than five minutes. The agency making the decision or its rep resentative may answer and address the Council.

    (d) The respondent agency shall provide the Clerk with a list of all parties to the proceedings below. The Clerk will notify all parties of the pending of the appeal or petition, supply copies of these rules and pro vide copies of all papers filed to all other parties.

10. Suspension and Amendment of These Rules

    10.1 Suspension of These Rules: Any provision of these rules not governed by the Kennewick Municipal Code may be temporarily suspended by a vote of a majority of the Council. The vote on any such suspension shall be taken by ayes and noes and entered upon the record.

    10.2 Amendment of These Rules: These rules may be amended, or new rules adopted, by a majority vote of all members of the Council, pro vided that the proposed amendments or new rules shall have been intro duced into the record at a prior Council meeting.