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HomeMy WebLinkAboutResolutions - 2022-46 - Resolution of the City adopting City Council Rules of Procedure and repealing Resolution 2011-13 - 9/20/2022City of East Wenatchee Resolution 2022-46, with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2022-46 A Resolution of the City of East Wenatchee adopting City Council Rules of Procedure effective 9/20/2022 and repealing Resolution 2011-13. 1. Alternate format. 1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con el secretario de la Ciudad en alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east- wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. RCW 35A.12.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. 2.2. RCW 35A.12.120 authorizes city councils to determine their own rules and order of business and to establish formal rules for the conduct of council meetings. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: Section 1: Purpose. The purpose of this Resolution is to adopt a formal set of rules governing the conduct of City Council meetings. The intent of adopting these rules is to increase meeting efficiency and effectiveness. Section 2: Adoption. The City Council adopts the East Wenatchee City Council Rules of Procedure, which is attached as Exhibit A. Page 1 of 18 CITY OF EAST WENATCHEE East Wenatchee City Council Rules of Procedure Adopted by: Resolution # 2022-46 Exhibit A Page 2 of 18 Table of Contents 1. GENERAL RULES .............................................................................................................................. 3 2. TYPES OF MEETINGS ....................................................................................................................... 4 3. CHAIR AND DUTIES ......................................................................................................................... 6 4. PRIVELEGES OF MAYOR AND COUNCILMEMBERS ................................................................. 6 5. COUNCIL ORDER OF BUSINESS AND AGENDA ......................................................................... 6 6. PREPARATION OF AGENDA ........................................................................................................... 7 7. WRITTEN CORRESPONDENCE WITH THE COUNCIL ................................................................ 7 8. VOTING AND MOTIONS .................................................................................................................. 8 9. RESOLUTIONS AND ORDINANCES ............................................................................................. 11 10. PUBLIC HEARING PROCEDURES ............................................................................................ 11 11. DUTIES AND PRIVILEGES OF CITIZENS: ............................................................................... 14 12. CITY ADVISORY COMMITTEES: .............................................................................................. 14 13. FILLING COUNCIL VACANCIES AND SELECTING MAYOR PRO TEM ........................... 15 14. EFFECT/WAIVER OF RULES ..................................................................................................... 16 15. SUSPENSION AND AMENDMENT OF RULES ........................................................................ 16 Page 3 of 18 These rules are the Rules of Procedure for the City of East Wenatchee City Council. 1. GENERAL RULES 1.1 Meetings to be Public: The purpose of the Washington Open Public Meetings Act (OPMA), 42.30 RCW, is to permit the public to observe and have access to all steps in the decision making of government bodies. All regular and special meetings of the City Council are subject to the OPMA. 1.2 Swearing in of New Councilmembers: The Mayor or City Clerk swears in new and reelected Councilmembers. Swearing in can occur up to 10 days prior to the scheduled date of assuming office (typically January 1), or at the first meeting of the City Council following certification of an election at which the Councilmember is present. The oath does not have to be taken at a formal meeting of the governing body. The oath may be readministered for ceremonial purposes at the first meeting of the year at which the Councilmember is present. 1.3 Respect and Decorum: The Mayor and Councilmembers must maintain dignity and respect for their offices, for city employees, and for members of the public. While the Council is in session, Councilmembers shall preserve order, mutual respect and decorum. A Councilmember must neither delay or interrupt the proceedings of the Council, nor disrupt or disparage anyone participating during the session. Councilmembers, city employees, and members of the public shall obey the orders of the Mayor or Mayor pro tem. The City is committed to maintaining a safe, productive, and harassment-free environment at all City Council meetings. The Mayor or Mayor pro tem shall ask any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the business of the Council, either while addressing the Council or attending its proceedings, to leave the meeting. Continued disruptions may result in a recess or adjournment. 1.4 Quorum: To transact city business, a quorum must be present at a meeting. A quorum consists of at least four Councilmembers, who are present and eligible to vote. If a quorum is not present, the City Clerk must declare the meeting adjourned. If a meeting is adjourned for lack of a quorum, the City Clerk shall post a written notice of the adjournment on all outside doors of City Hall. Council meetings adjourned for lack of a quorum shall be considered a regular meeting for all purposes. Page 4 of 18 1.5 Attendance, Excused Absences: As set forth in RCW 35A.12.060 and EWMC 2.04.040, a Councilmember shall forfeit their office by failing to attend three consecutive regular meetings of the Council without being excused by the Council. Councilmembers may be so excused through the following procedure: 1) The Councilmember shall contact the mayor prior to the meeting and state the reason for their inability to attend the meeting. If the Councilmember is unable to contact the mayor, the Councilmember shall contact the city clerk or deputy city clerk, who shall convey the message to the mayor. 2) At the beginning of the regular Council meeting at which the Councilmember will be absent, the mayor shall inform the attending members of the Councilmember’s requested absence and inquire if there is a motion to excuse the Councilmember from the Council meeting. 3) Upon passage of such a motion by a majority of the Councilmembers present, the absent Councilmember shall be excused, and the city clerk shall make an appropriate notation in the Council meeting minutes. If a motion is not made or if a motion is not passed, the city clerk shall note in the minutes that the absence of the Councilmember is unexcused. A Councilmember may attend meetings by telephone or video conference, as long as they are able to hear the voices of those in attendance and those in attendance can hear the voice of the Councilmember that is participating remotely. Councilmembers are encouraged to keep this practice to a minimum. 1.6 Attendance by City Staff: Unless excused by the Mayor, the City Attorney, and the City Clerk shall attend all meetings of the City Council. 1.7 Attendance of Media at Council Meetings: Except for executive sessions allowed by RCW 42.30.110 and closed sessions governed by RCW 42.30.140, all meetings of the Council and its committees are open to the media, freely subject to recording by the public, radio, television and photographic equipment at any time; provided that if such recording interferes with the orderly conduct of the meetings the Mayor or Mayor pro tem may make such orders as necessary to minimize or eliminate the interference. 1.8 Recording of Meetings: Except for executive sessions allowed by RCW 42.30.110 and closed sessions, the City Clerk shall keep the minutes of all meetings of the City Council. Audio and/or video recordings may be made of Council meetings and if made shall be available to the public. Recording of quasi- judicial proceedings shall be subject to the permission of the presiding Councilmember and shall generally follow the requirements of General Rule 16 of the Washington Court Rules.2. Page 5 of 18 .2 TYPES OF MEETINGS 2.1 Regular Council Meetings: In accordance with RCW 35A.12.110 and EWMC 2.04.010, regular meetings of the City Council are on the first and third Tuesday of each month beginning at 6:00 p.m. 2.2 Special Meetings: The Mayor or four members of the City Council may call a special meeting of the City Council at any time by following the requirements set forth in EWMC 2.04.020. 2.3 Study Sessions and Workshops: At the call of the Mayor or of a majority of Councilmembers, and with no less than 24 hours of notice to the public and local news media, the Council may meet informally in study sessions and workshops (open to the public) to review forthcoming programs of the City, to receive progress reports on current programs, or to conduct procedures workshops. All discussions during a study session or workshop shall be informal and do not constitute official actions of the Council, and no final action will be taken by the Council. 2.4 Executive Sessions: Executive sessions may be held in accordance with the provisions of RCW 42.30.110. The Council may hold an executive session during a regular or special meeting. Before convening in executive session, the Mayor or Mayor pro tem shall cite the purpose of the Executive session in accordance with RCW 42.30.110 and briefly describe the reason (not identifying individuals or case numbers) publicly. The Mayor or Mayor pro tem shall further announce the time when the Council is expected to return to open session. The Mayor or Mayor Pro tem may extend an executive session by coming back into open session and announcing the new time when the open session will reconvene. If the executive session is concluded before the stated time, the City Council must not reconvene in open session until the previously announced time. All participants in an executive session must keep confidential all information provided to them during executive sessions. Likewise, all who attend an executive session must return any documents that are distributed during the executive sessions prior to the end of the executive session. No final action can be taken during an executive session. Final action must be taken in open session. See RCW 42.30.060(2) The OPMA requires the announced purpose of the executive session be entered into the meeting minutes. 2.5 Closed Sessions: Under RCW 42.30.140, the OPMA does not apply to certain types of meetings: • Licensing • licensing quasi-judicial matters • matters under Administrative Procedure Act, and • collective bargaining matters Page 6 of 18 Therefore, the public may be excluded from those meetings. If the public is excluded from a meeting that is not subject to the OPMA under this section, then that meeting should be referred to as a “closed” session to distinguish it from an “executive session” under the OPMA 2.6 Adjournment: The Chair shall adjourn all Regular and Special Council Meetings no later than 9:00 p.m. Study Sessions and workshops shall adjourn no later than 9:00 p.m. The City Council may extend these adjournment times upon approval of a motion by a majority of the Council. 3. CHAIR AND DUTIES 3.1 Chair: The Mayor presides as Chair at meetings of the Council. If the Mayor is absent, the Mayor Pro-Tem presides. If the Mayor and the Mayor Pro Tem are both absent, the Council shall elect a Chair to preside. A Councilmember who serves as Chair retains their right to vote on all matters brought before the Council. 3.2 Call to Order: The Chair calls the meetings of the Council to order. 3.3 Points of Order: With assistance of the City Attorney, the Chair determines all points of order, subject to the right of any member to appeal to the Council. 3.4 Substitution for Chair: The Chair may call upon the Mayor Pro-Tem or any other member to temporarily chair the meeting. 4. PRIVELEGES OF MAYOR AND COUNCILMEMBERS 4.1 Forms of Address: The Mayor shall be addressed as “Mayor (surname).” “Your Honor,” or Mr./Madam Mayor. Members of the Council shall be addressed according to their preference as “Councilmember (surname),” “Councilor (surname),” or Mr./Mrs./Miss/Ms. (surname). First names shall not be used during open sessions. 4.2 Seating Arrangements: The Chair sits at the center of the Council. The City Clerk assigns the remaining seating arrangements. 5. COUNCIL ORDER OF BUSINESS AND AGENDA 5.1 Officers: The Chair is the Presiding Officer of the Council. It is the duty of the Presiding Officer to: 1. Call the meeting to order. 2. Keep the meeting to its order of business. 3. Control discussion in an orderly manner a. Every Councilmember who wishes an opportunity to speak must be recognized by the Chair. b. Permit audience participation at the appropriate times. c. Require all speakers to speak to the question and to observe the rules of order. Page 7 of 18 4. If a motion is made, the Chair identifies the Councilmember who made the motion, identifies the Councilmember who seconded the motion, and restates the motion or a summary of the motion before it is discussed and before it is voted upon. 5. If a motion is voted upon, the Chair announces the result of the vote to ensure the result understood by all members. 6. Resolve all agenda items. 5.2 Order of Business: The agenda serves to introduce items to the Council, to establish the order of business and to give notice to the public. Exhibit A serves as a guide for the normal order of business for all regular meetings. In preparing the agenda, however, the City Clerk has discretion to amend the order of business. Likewise, during a meeting, the Chair and the Council has discretion to amend the order of business. 5.3 Consent Calendar: Consent items include items of a routine nature. The items are listed collectively and passed with a single motion and vote. No discussion is allowed. To pass, the motion to adopt the consent items must receive a unanimous vote of the Councilmembers present. Before a motion to adopt is made, a Councilmember may request that a specific item be removed from the consent items and considered separately. 6. PREPARATION OF AGENDA 6.1 Staff Duties: Under the direction of the Mayor, the City Clerk or designee prepares the agenda for each Council meeting setting forth a brief description of each item and any supporting documentation to be considered by the Council. 6.2 Agenda Items: The Mayor, a Councilmember, or a Department Head may place an item on the agenda to be considered by the City Council at a regular meeting. Claims and other items calling for the payment of money where delay might subject the City to interest or delinquent penalty may be added to the current agenda. 6.3 Timing of Preparation: All agenda items must be submitted to the City Clerk by 3:00 p.m. on the Wednesday before the next meeting. The City Clerk delivers a packet before 5:00 p.m. on the Friday before a given meeting to the Mayor, to all Councilmembers, and to all Department Heads. The agenda and packet will normally be posted on the city’s website no later than 5:00 p.m. on the Friday before the meeting, but in no event less than 24 hours before the meeting. 7. WRITTEN CORRESPONDENCE WITH THE COUNCIL 7.1 Written Correspondence: The City Council encourages citizens, interested parties, or their authorized representatives, to address the Council by written communication regarding any matter concerning the city’s business or over which the Council had control at any time. The written communication may be submitted by direct mail or by addressing the communication to the City Clerk who will distribute copies to the Councilmembers. The communication will be entered into the record without the necessity for reading as long as sufficient copies are distributed to members of the audience/public. Page 8 of 18 The Council believes that the following procedure for handling of written correspondence addressed to the Council will best accommodate the desires and concerns of the Council as set forth in this section. Correspondence of an Information only Nature – If written correspondence is purely of an informational nature and does not require a response, the City Clerk will place the correspondence in the next agenda packet. Routine Requests –If written correspondence addresses items of a routine nature (minor complaints, routine requests, referrals, etc.), the City Clerk will place the correspondence in the next agenda packet. Significant Correspondence – If written correspondence requires Council discussion or requires a response, the City Clerk may forward a copy to the Mayor and City Council prior to the next Council Meeting and shall place it on the next regular Council agenda. Correspondence Directly Related to Quasi-Judicial Hearing Matters – If written correspondence is directly related to quasi-judicial hearing matters, a copy of the correspondence will be circulated to the council members at the time that the matter comes before the council for its quasi-judicial consideration and as part of the hearing course. E-mails Directly Related to Quasi-Judicial Hearing Matters – If a City Councilmember receives an e-mail directly related to quasi-judicial hearing matters, he or she must forward it to the City Clerk. A copy of the e-mail will be circulated to Councilmembers at the time that the matter comes before the City Council for its quasi-judicial consideration and as part of the hearing course. 8. VOTING AND MOTIONS 8.1 Voting: Votes during Council meetings shall be conducted as follows: a. All votes shall be recorded by the City Clerk. b. Each Councilmember shall vote on all questions and matters before the Council, unless a valid reason, as determined by the Chair disqualifies him or her from voting. In general, abstaining from voting is only warranted when a City Councilmember has a conflict of interest regarding a matter on which he or she is called upon to vote or when a Councilmember’s participation in a quasi-judicial matter may result in an appearance of fairness violation. According to Robert’s Rules, abstention votes don’t count as a “yea” or “nay.” Since abstainers are not voting, their vote will not be included in the vote tally. However, the abstaining member is still counted for quorum purposes. c. The Mayor rarely participates in Council votes. State law prohibits the Mayor from breaking a tie vote in the following situations: the passage of an ordinance, the grant of a franchise or the revocation of a franchise, the revocation of a license, or the payment of money. In other situations, the Mayor may vote only when his or her vote is needed to break a tie vote. Page 9 of 18 d. A tie vote, (3-3, 2-2) on an ordinance or on a matter requiring four affirmative votes for passage is not final action of the matter but shall be deemed to have tabled the matter until the next regular meeting at which all seven Councilmembers are present. At that meeting, any Councilmember may move to take the matter off the table. If no Councilmember moves to take the matter off the table or if the motion to take the matter off the table fails, then the matter is defeated. The City Clerk will ensure all members are reminded that the Ordinance or matter is pending. e. A non-tie vote (3-2, 2-3, 3-1, 1-3) which fails for a lack of four affirmative votes, if the matter requires four affirmative votes for passage, shall be deemed to defeat the matter. Any Councilmember, however, may move to reconsider the matter at the next regular meeting at which all seven Councilmembers are present. See §8.5 below. 8.2 Motions: a. Councilmembers must make their motion clearly and concisely. Motions shall not include arguments for the motion within the motion. If a motion does not receive a second, it dies. Motions that do not need a second include: questions of privilege, orders of the day, points of order, objecting to the consideration of the question, parliamentary inquiries, and points of information. b. After a motion and a second, the Chair states the motion, states the name of the Councilmember who made the motion, states the name of the Councilmember who seconded the motion, and gives members of the Council an opportunity to discuss their opinions on the issue prior to the vote. c. Councilmembers should speak one at a time. No Councilmember should speak twice, until all other Councilmembers have had an opportunity to speak. d. Once a motion and second is on the floor, no further citizen comments and no further city staff comments may be heard. If a Councilmember wishes to hear additional comments, he or she must make a request to the Chair and the Chair must give his or her permission. e. The maker of the motion may withdraw his or her motion at any time without needing the consent of Council. f. A motion to table requires a second and is debatable. The debate as to whether to table the motion shall not include debate of the issue under consideration. If a motion to table prevails, the Chair shall move to the next item on the agenda. A tabled item can be reconsidered at the same meeting or at the next regular meeting. Any Councilmember may move to remove the item from the table for consideration. Such an item requires a second and a majority vote of those present. If the item is not removed from the table by the end of the next regular meeting, it shall be Page 10 of 18 considered expired. A motion that expires may be re-noted for a later agenda. g. A motion to postpone to a certain time requires a second and is debatable, is amendable, and may be reconsidered at the same meeting or a future meeting. The issue or item being postponed is considered at that later time. h. A motion to call for the question shall close debate on the main motion and is non-debatable. This motion must receive a second and fails without a 2/3 vote of those present. (If 7 Councilmembers are present, then 5 must vote in the affirmative to meet this 2/3 requirement.) Debate is reopened if the motion fails. i. A motion to amend is defined as amending the motion that is on the floor and needs to be seconded, by inserting or adding, striking out, or substituting. j. The motion maker, the Chair, or the City Clerk should repeat the motion prior to voting. Following the vote, the Chair announces the results of the vote and announces whether the question carried or was defeated. The Chair may publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 8.3 Requests for Written Motions: If required by the Chair or any Councilmember, the City Clerk will reduce the motion to writing. 8.4 Disqualification: Any Councilmember who is disqualified by abstention from voting on a matter shall not participate in the debate. The Councilmember shall state the reason for the disqualification before abstaining from the vote. 8.5 Motions to Reconsider: No motion to reconsider an adopted quasi-judicial written decision shall be entertained after the close of the meeting at which the written findings and decision were adopted. For nonjudicial and other matters, only a person who voted with the majority may move to reconsider a vote. The motion must be made at the same or succeeding regular meeting, at which all Councilmembers are present. 8.6 Questions of Interpretations: After consultation with the City Attorney, the Chair decides all questions of interpretations of these policies and procedures and all other questions of parliamentary nature, which may arise at a Council meeting. If these Rules of Procedure do not address the question, the Chair should consult the most recent version of Robert’s Rules of Order. Robert’s Rules of Order, however, only serves as a guide and is not binding upon the Chair or upon the Council. Page 11 of 18 9. RESOLUTIONS AND ORDINANCES 9.1 In Writing: All Resolutions and Ordinance must be in writing. 9.2 Review by City Attorney: Before being presented at a meeting, the City Attorney typically reviews proposed Resolutions and Ordinances. 9.3 Dissents & Protests: Any Councilmember has the right to express dissent from or protest to any ordinance or resolution of the Council. Upon request of a Councilmember, the City Clerk will enter the reason for the dissent or protest into the minutes. 9.4 Format of Ordinances and Resolutions: Resolutions and Ordinances are in a format determined by the City Attorney including numerical identification. A Resolution or an Ordinance may only contain one subject. This one subject must be clearly stated in the title. The Council may not amend a Resolution or an Ordinance unless the amendment sets forth each modification in full. Subject to the Mayor’s authority to veto an Ordinance, if a Resolution or an Ordinance is passed, the Mayor signs it, the City Clerk attests it, and the City Attorney approves it as to form. 10. PUBLIC HEARING PROCEDURES 10.1 Sign-In: Before a public hearing starts, the Chair may require that all persons wishing to speak sign their name, address, and indicate whether they wish to speak as a proponent, opponent or from a neutral position. The Chair will not permit any person who fails to sign in to speak until all those who have signed in have given their testimony. The Chair may change the order of speakers so that testimony is heard in the most logical groupings (i.e. order listed on sign-in sheet, proponents, opponents, adjacent owners, etc.). 10.2 Timing; Representation: The City Council will take public testimony during a public comment period. Persons appearing before the Council should limit their comments to three minutes. Where an organization is appearing before the City Council, it should designate a representative to speak on behalf of its members. 10.3 The Public Hearing Process: The Chair introduces the agenda item, opens the public hearing and announces the following Rules of Order: 1. Unless a reasonable accommodation is needed because of a disability, all comments must be made from the podium. Any individual making comments shall first give their name and address. 2. Anyone making “out of order” comments is subject to removal from the meeting. 3. There shall be no demonstrations (i.e. applause) during or at the conclusion of anyone’s presentation. 4. The Chair may call City Staff to describe the matter under consideration. 5. The Chair calls upon proponents, opponents, and all other individuals who wish to speak regarding the matter under consideration. Page 12 of 18 6. The Chair inquires as to whether any Councilmember has questions to ask the proponents, opponents, speakers or staff. If any Councilmember has questions, the Chair will ask the appropriate individual to return to the podium. 7. The Chair may afford a proponent an opportunity for rebuttal. 8. The Chair continues the public hearing to a time specific or closes the public hearing. The Council intends these rules to promote an orderly system of holding a public hearing to give every person an opportunity to be heard and to ensure that all individuals are provided a comfortable environment within which to exercise his/her right of speech. 10.4 Quasi-Judicial Hearings: Quasi-judicial actions involve policy application rather than policy making. The action will generally have a greater impact on specific individuals than on the entire community. The proceedings are focused on the Council arriving at a fact-based decision between two distinct alternatives – pro or con. Examples of matters that courts have ruled to be quasi-judicial if a public hearing is required include, but are not limited to: rezoning a specific site, Planned Unit Development approval (PUD), and other types of zoning changes which involve fact-finding and the application of general policy to a discrete situation. Quasi-judicial actions do not include the legislative actions of adopting, amending or revising comprehensive, community or neighborhood plans, or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide significance. 1. Appearance of Fairness Doctrine Applies to Quasi-Judicial Actions If a proceeding is quasi-judicial, the “appearance of fairness doctrine” under Washington State law is generally applicable (See RCW 42.36.010). If a proceeding contains both legislative and adjudicative functions, it is recommended that the appearance of fairness doctrine rules be followed by the Council. 2. Obligations of Councilmembers in Quasi-Judicial Proceedings In the event of a quasi-judicial proceeding of the Council, a Council member should immediately disclose any interests that may appear to constitute a conflict of interest. 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 a Councilmember’s business associate, or a member of the Councilmember’s immediate family. It could involve ex parte communications (that is, communication with one party to the quasi-judicial matter without notice to or argument from the other party). Or it could involve 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 proponent or opponent, announced predisposition, and the like. Prior to the quasi-judicial hearing, each Councilmember should give consideration to whether a potential violation of Page 13 of 18 the Appearance of Fairness Doctrine exists. If the answer is in the affirmative, no matter how remote, the Councilmember should disclose such fact to the City Attorney. 3. In addition to the Rules of Order set forth in Section 10.3, the following rules should be observed during a quasi-judicial hearing: a. The Chair announces the matter for consideration and asks Councilmembers to disclose any ex parte oral or written communications with a party, disclose any conflicts of interest, and disclose any potential violations of the appearance of fairness doctrine. After all disclosures are made, the Chair will ask if any party to the quasi-judicial matter desires to challenge or request a Councilmember to recuse himself/herself from the decision on the matter. The challenge shall be placed on the record. b. 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 the disqualification. c. In the case of the Council sitting as a quasi-judicial body, the Chair shall have authority to request a Councilmember recuse him/herself on the basis of an Appearance of Fairness violation. Further, if two Councilmembers believe that an Appearance of Fairness violation exists, such individuals may move to request a Councilmember to recuse him/herself on the basis of an Appearance of Fairness violation. A vote to require a Councilmember to recuse him/herself from a quasi-judicial proceeding requires an affirmative vote of two thirds of the total members of the Council, not including the challenged Councilmember, who would not be eligible to vote. Two thirds, for this purpose, shall therefore be 4 councilmembers of the remaining 6 Councilmembers eligible to vote. In arriving at his decision, the Chair and other Councilmembers shall give due regard to the opinion of the City Attorney. b. A Councilmember who is recused from participating must leave the hearing room until the matter under consideration has been concluded. Page 14 of 18 11. DUTIES AND PRIVILEGES OF CITIZENS: 11.1 Meeting Participation: The Council welcomes members of the public at all Council meetings and encourages them to attend and participate. Whether a speaker is a public member, a Councilmember, or City Staff, recognition of a speaker by the Chair is a prerequisite for an orderly and effective meeting. The City Council expects all speakers to deliver their comments in a courteous and efficient manner and speak only to the specific subject under consideration. The Chair has the discretion to have anyone making out of order comments or acting in an unruly manner removed from the meeting. Under the agenda item “Public Comment,” a member of the public may address any item he or she wishes to discuss with the Mayor and Council. They shall first obtain recognition by the Chair state their name, address, and the subject of their comments. The Chair shall then allow the comments, subject to a three minute limitation per speaker, or other limitations as the Chair or Council may deem necessary. 11.2 Manner of Addressing the Council – Time Limit: Each person addressing the Council shall step up to the podium, give his/her name and address in an audible tone of voice. Unless further time is granted by the Council, a speaker shall limit his/her remarks to three minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Chair, members of Council 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 of the Councilmembers, except through the Chair. 11.3 “Out of Order Comments”: Any person whose comments have been ruled out of order by the Chair shall immediately cease and refrain from further improper comments. The refusal of an individual to desist from inappropriate, disparaging, or otherwise disruptive remarks after being ruled out of order by the Chair may subject the individual to removal from the Council Chambers. 12. CITY ADVISORY COMMITTEES: The City of East Wenatchee’s Commissions, Committees, and Task Forces provide an invaluable service to the City. Their advice on a wide variety of subjects aids the Council in the decision-making process. Effective public participation is an invaluable tool for local government. All City Advisory Committees are advisory to the City Council and are not authorized to take independent action representing the City with other agencies or bodies. 12.1 Establishment of Advisory Bodies: These advisory bodies will be established by City Resolution or Ordinance, if required by state statute. The enacting resolution will set forth the size of each advisory group, which will be related to its duties and responsibilities; the term of office of its members; a statement of its purpose and function; and timelines, if relevant to the scope of work. The Council may dissolve any advisory body that, in their opinion, has completed its working function or for any other reason. Page 15 of 18 12.2 Appointments to Advisory Bodies: Vacancies may be advertised so that any interested member of the public may submit an application. Applicants are urged to be residents of the City of East Wenatchee, but applications from residents living outside of the corporate boundaries may be considered if authorized by the resolution or ordinance establishing the advisory body. The Mayor appoints all members of the Planning Commission, and all members of the remaining advisory bodies. All appointments occur during a regularly scheduled City Council meeting. Newly appointed members will receive a briefing by the Commission, Committee, or Task Force Chairperson and/or City Staff regarding duties and responsibilities of the members of the advisory body. Appointees to advisory bodies may be removed prior to the expiration of their term of office by a majority vote of the City Council. 12.3 Conduct of Business: The advisory body will normally adopt rules for transaction of business and will determine the number of meetings necessary for the business needs of the advisory group, unless otherwise established in the enacting resolution or ordinance. All meetings are subject to the public meetings laws of the State of Washington and City Ordinance. 13. FILLING COUNCIL VACANCIES AND SELECTING MAYOR PRO TEM 13.1 Notice of Vacancy: If a Council vacancy occurs, the Council will follow the procedures outlined in RCW 35A.13.020. To fill the vacancy with the most qualified person available until an election is held, the Council will distribute and publish a notice of the vacancy, the procedure for applying for the position, and any deadlines. 13.2 Application Procedure: The Council will draw up an application form which contains relevant information that will answer set questions posed by Council. The Council will use the application form in conjunction with an interview of each candidate to aid the Council’s selection of the new Councilmember. 13.3 Interview Process: At a regular or special Council meeting open to the public, the City Council interviews each candidate who submits a timely application. The City Clerk determines the order of the interviews by drawing names. The Chair will ask each applicant to make a two minute opening statement. Next the City Council will ask questions of the applicant. Finally, the Chair asks the applicant to make a two minute closing statement. Since this is not a campaign, comments about another applicant will not be allowed. 13.4 Selection of Councilmember: After all interviews are complete, the Council may recess into executive session to discuss the qualifications of all candidates. Nominations, voting and selection of a person to fill a vacancy will be conducted during an open public meeting. Page 16 of 18 13.5 Selection of Mayor Pro Tem: The City Council selects the Mayor pro tem. Annually, at the first regular meeting each year Councilmembers may each nominate one person for Mayor pro tem. Nominations require a second. Each Councilmember is given the opportunity to submit a nomination for Mayor pro tem. After all nominations are made, the Mayor will call for a vote on the nominations in the order that they were made. As soon as one nominee receives a majority vote of four votes of the Council, that Councilmember is declared the Mayor pro tem. No votes are taken on the remaining nominees. 13.6 Removal of Mayor pro tem: The Mayor pro tem may be removed from office upon an affirmative vote of four Councilmembers. 14. EFFECT/WAIVER OF RULES It is the intent of the City Council that Council procedures be periodically reviewed as needed. The City Council adopts these rules of procedure for its sole benefit and to assist in the orderly conduct of Council business. These rules of procedure do not grant rights or privileges to members of the public or third parties. Failure of the City Council to adhere to these rules shall not result in any liability to the City, its officers, agents, and employees, nor shall failure to adhere to these rules result in invalidation of any Council act. The City Council may, by a two-thirds vote of those members present and voting, determine to temporarily waive any of the provisions herein. A two-thirds vote is five of seven votes, four of six votes, four of five votes, and three of four votes. 15. SUSPENSION AND AMENDMENT OF RULES 15.1 Suspension of These Rules: Any provision of these rules may be temporarily suspended by a majority vote of Councilmembers present at a meeting. 15.2 Amendment of These Rules: These rules may be amended or new rules adopted by a majority vote of all members of the Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting. Page 17 of 18 Exhibit – A East Wenatchee City Council Meeting Tuesday, Date East Wenatchee City Hall 271 9th Street NE East Wenatchee, WA 98802 This meeting will be in person or via zoom: https:// Phone-in option for the meeting: xxx-xxx-xxxx, Meeting ID: Xxx-xxx-xxxx AGENDA 6:00 p.m. Regular Meeting Call to Order, Roll Call and Pledge of Allegiance. 1. Consent Items: Vouchers: a. Date:____________, Checks: ____________, in the amount of $_________ b. ** Payroll Certification for ____________ Minutes: c. ** Council Meeting Minutes Motion by City Council to approve agenda, vouchers, and minutes from previous meetings. 2. Public Requests/Comments: The “Citizen Comments” period is to provide the opportunity for members ofde the public to address the Council. The Mayor will ask if there are any citizens wishing to address the Council. When recognized, please step up to the microphone, give your name and mailing address, and state the matter of your interest. Citizen comments will be limited to three minutes. 3. Public Hearings: The Mayor will call the Public Hearing to order and state the ground rules, the purpose of the hearing, the action that the hearing body may take on the matter, and will state the manner in which the hearing will proceed. Staff will first give a report, followed then by public testimony. All speakers must speak into the microphone and clearly state their names and addresses. All comments should be addressed to the Council, should be relevant to the topic, and should not be of a personal nature. Public testimony may be limited to three minutes, unless further time is granted by the Mayor. If there are a large number of speakers, a representative may be appointed to speak on behalf of the group. a. A Public Hearing for the purpose of … 4. Presentations: a. 5. Department Report: a. Page 18 of 18 6. Mayor’s Report: a. 7. Action Items. a. 8. Council Reports & Announcements. a. Reports/New Business of Council Committees 9. Adjournment.