Chapter 2.04
MAYOR AND CITY COUNCIL
Sections:
2.04.010 Regular meeting dates and times.
2.04.015 Study session meetings.
2.04.018 Participation by telephone.
2.04.020 Mayor to preside over council meetings.
2.04.030 Call to special meetings.
2.04.035 Notice of meeting without official capacity – Prohibited.
2.04.040 Meeting commencement.
2.04.060 Record of proceedings.
2.04.150 Permission to leave meeting.
2.04.160 Verification of charges against officer.
2.04.180 Reversal of decision of presiding officer.
2.04.190 Validity of ordinances requiring payment.
2.04.010 Regular meeting dates and times.
There shall be a regular meeting of the city council for the city of Zillah, Washington, on the first and third Mondays of each month at the hour of 6:30 p.m. at the council chambers for the city of Zillah, Washington; provided, however, that if such a regularly scheduled meeting shall fall on a federal and/or state holiday applicable to and observed by the city, said regular meeting shall be held on the following Tuesday at the hour of 6:30 p.m. at the council chambers in the city of Zillah, Washington. (Ord. 1499 § 2, 2020)
2.04.015 Study session meetings.
There shall be a study session meeting of the city council for the city on the first and third Mondays of each month, at the hour of 6:00 p.m. at the council chambers in the city; provided, however, that if a study session meeting shall fall on a federal and/or state holiday applicable to and observed by the city, said study session meeting shall be held on the following Tuesday at the hour of 6:00 p.m. at the council chambers. (Ord. 879 § 3, 1998)
2.04.018 Participation by telephone.
A. Statement of Purpose. The city council for the city of Zillah, Washington conducts study session and regular meetings on the first and third Monday of each month. Council recognizes that on occasion due to illness, out of town travel, or circumstances beyond their control council members may be unable to attend the meetings but would otherwise be available by telephone. On those particular occasions it would be necessary to allow their participation via telephone.
B. Allowance of and Acceptable Means of Participation. The Zillah city council finds it is in the best interest of the city to allow council members to participate in study session, regular or special meetings via telephone if prior arrangements are made with the city clerk/treasurer and a properly functioning speakerphone is available to the city for use at the particular meeting. The Zillah city council finds that such participation should be considered an acceptable means of attending Zillah city council meetings. (Ord. 1156 §§ 1, 2, 2008)
2.04.020 Mayor to preside over council meetings.
The mayor shall preside over all meetings of the council, or the mayor pro tempore as chosen by the council, in accordance with the laws of the state of Washington. (Ord. 646 § 1, 1988; Ord. 1 § 2, 1911)
2.04.030 Call to special meetings.
Special meetings may be called at any time by the mayor or by three council members by written notice delivered to the mayor and each member of the council at least 24 hours before the time specified for the proposed meeting and by giving notice to the media as required by law. (Ord. 646 § 2, 1988; Ord. 1 § 3, 1911)
2.04.035 Notice of meeting without official capacity – Prohibited.
A. It shall be unlawful for any person to publish and/or circulate a notice purported to be issued by a council, commission or board of the government of the city. This prohibition shall not apply to any member of said council, commission or board member who is lawfully serving on said council, commission or board at the time of the issuance of said notice. Furthermore, this section shall not apply to any person who publishes and/or circulates notice of a public meeting and/or notice of a topic to be discussed at a public meeting when said notice does not purport to be issued by a council, commission or board.
B. Penalties for Violation. Any person found guilty of being in violation of this section shall be deemed to have committed a misdemeanor. Upon a finding of guilt by a court of jurisdiction, the person found guilty thereof may be imprisoned for an amount of time of up to 90 days, may be assessed a fine of up to $500.00, or both such imprisonment and fine. (Ord. 728 §§ 2, 3, 1992)
2.04.040 Meeting commencement.
The presiding officer shall take the chair at the hour appointed for the council to meet, shall call the members to order, and shall preserve decorum and a strict observance of the rules governing such meeting. (Ord. 1 § 4, 1911)
2.04.050 Quorum.
A majority of the council shall be necessary to constitute a quorum, and every member present shall vote upon all questions put before the council, unless, upon any question, order, measure, resolution or proposition in which he may be interested, other than as a citizen of the city, and in accordance with the laws of the state of Washington. (Ord. 646 § 1, 1988; Ord. 1 § 5, 1911)
2.04.060 Record of proceedings.
The council shall cause to be kept in well-bound books an accurate record of all its proceedings, as provided in its acts, resolutions and ordinances, in accordance with the statutes of the state. (Ord. 1 § 6, 1911)
2.04.070 Meeting procedures.
A. At each meeting of the council the proceedings of the last meeting shall be read and corrected, if erroneous, and signed by the presiding officer and attested by the clerk/treasurer of the city.
B. The mayor shall vote only in cases of tie, and shall have the casting vote unless interested, other than as a citizen, in the order, measure, resolution, or proposition to be decided.
C. Upon the call of any member of the council, the ayes and nays on any question shall be taken and recorded in the records of the council.
D. All questions of order shall be decided by the presiding officer, subject to an appeal to the council.
E. The presiding officer may call any member transgressing the rules of the council to order, and thereupon such member shall be seated and remain silent unless permitted by the council to explain; if appealed to, the council shall decide the matter.
F. An appeal from the decision of the presiding officer upon a question of order shall be allowed only upon demand of appellant and another member of the council, and upon such demand the question of order shall be put in the following form: “Shall the decision of the presiding officer be reversed?”
G. Every order, measure, motion, resolution or proposition put to the council for vote shall be reduced to writing if required by the presiding officer or any member of the council.
H. When a motion is made and seconded, it shall be deemed to be in possession of the council, and shall be stated by the presiding officer, or if in writing, read by the city clerk/treasurer, previous to debate; but such motion may be withdrawn before decision or amendment by consent of the council. (Ord. 1 §§ 7 – 14, 1911)
2.04.080 Order of business.
A. The order of proceeding with the business of the city council at regularly scheduled meetings shall be as follows:
1. Call to order;
2. Pledge of allegiance;
3. Roll call;
4. Additions/corrections to the agenda;
5. Consent agenda;
6. Public hearings (if any);
7. Old business;
8. New business;
9. Visitors’ comments;
10. Committee/commission reports;
11. Mayor’s report;
12. Council/staff reports;
13. Executive session (if any);
14. Adjournment.
B. The order of business may be modified by vote of a majority of city council for any particular meeting if deemed necessary. Meetings may be adjourned from time to time as permitted by law. (Ord. 1226 § 2, 2010; Ord. 646 § 3, 1988)
2.04.090 Form of questions.
A. All questions shall be put in this form: “All that are in favor say aye; contrary, no.” And in doubtful cases, or when an affirmative vote of two-thirds of the members is necessary, the presiding officer may of his own accord, or upon being called upon so to do by any member, shall direct a division.
B. Upon a call of the previous question, the presiding officer shall put the following proposition: “Shall the main question be now put?” Such call shall be admitted only upon demand of two or more members, and until decided shall preclude all amendments to or debate upon the main question. (Ord. 1 §§ 17, 18, 1911)
2.04.100 Right to protest.
Any one member shall have a right to protest against any order, ordinance, measure, or resolution of the council which they may think injurious to the public or to individuals, and have the reasons of such protest entered upon the records of the council. (Ord. 646 § 4, 1988; Ord. 1 § 19, 1911)
2.04.110 Alphabetical call.
When the council is called, the names of the members shall be called in alphabetical order. (Ord. 1 § 20, 1911)
2.04.120 Ordinance readings.
The first reading of an ordinance proposed shall be for information, and, if objection is made, the following question shall be put: “Shall the proposition be rejected?” If no objection is made, or the question to reject is lost, the ordinance shall be read a second time without further question, after which it shall be subject to amendment and debate, and in accordance with the laws of the state of Washington. (Ord. 646 § 1, 1988; Ord. 1 § 21, 1911)
2.04.130 Motions.
A. When a question or motion is before the council, no motion shall be received unless it is to amend, postpone, lay on the table, or commit the main question, or to adjourn.
B. A motion to adjourn shall always be in order, except when the council is engaged in voting.
C. Every motion to adjourn or lay on the table shall be decided without debate. (Ord. 1 §§ 22, 23, 24, 1911)
2.04.140 Committees.
A. An ordinance or resolution, after commitment to a committee for report, and report thereon, may be recommitted to the same or another committee before passage.
B. All standing and special committees shall be appointed by the mayor.
C. Repealed by Ord. 1579.
D. Standing committees shall consist of two members each.
E. All reports of committees may be either in writing or presented orally by the chairman of the committee at any appropriate meeting of the city council. The report of a committee may include a recommendation or proposal for the adoption of a resolution or ordinance dealing with the subject matter of the report. (Ord. 1579 §§ 2, 3, 2024; Ord. 646 §§ 5, 6, 1988; Ord. 1 §§ 25 – 29, 1911)
2.04.150 Permission to leave meeting.
No member shall leave a meeting of the council without permission of the presiding officer. (Ord. 1 § 30, 1911)
2.04.160 Verification of charges against officer.
Charges against an officer of the city shall be verified by the affidavit of the complainant and in writing, and shall be at once laid upon the table or referred to a committee for investigation, without debate. (Ord. 1 § 31, 1911)
2.04.170 Addressing council.
When a member is about to speak, he shall address himself to the presiding officer. When two or more members claim the right to speak at once, the presiding officer shall recognize the name of the member entitled to speak. (Ord. 407 § 1, 1975; Ord. 1 § 32, 1911)
2.04.180 Reversal of decision of presiding officer.
It shall require two-thirds of the members present to reverse the decision of the presiding officer, upon appeal. (Ord. 1 § 33, 1911)
2.04.190 Validity of ordinances requiring payment.
No ordinance, resolution, or order for the payment of money shall be passed at any other than a regular meeting, and no such ordinance, resolution, or order shall have any validity or effect unless passed by the votes of at least three councilmen. (Ord. 1 § 34, 1911)
2.04.200 State of emergency.
A. Declaration of State of Emergency. The mayor, or the person succeeding to the powers of the mayor, may, after determining that there is a public disorder, disaster, energy emergency, riot, or similar dangerous and emergency circumstance within the city, or any part thereof, which could constitute a danger or threat to the life, health, property or public peace of the citizens of the city, proclaim a state of emergency. In the event there is a proclamation of a state of emergency, notice of the proclamation shall be given to the citizens of the city, in every reasonable manner including media and posting of written notice.
B. Authority of Mayor During State of Emergency. The mayor, or successor to mayor’s powers, after there has been a proclamation of a state of emergency and reasonable notice has been given, shall have the following powers and authority:
1. To prohibit any person being on public streets, the public parks, or any other public place during hours declared by the mayor to be a period of curfew;
2. To prohibit a specified number of persons from assembling or gathering on the public streets, parks or other open areas of the city, either public or private;
3. To prohibit the possession or use of any combustible, flammable or explosive liquids and/or materials in any container other than a vehicle;
4. To prohibit the possession of firearms or other deadly weapons by any person other than a law enforcement officer, in a place other than the person’s place of residence or business;
5. To prohibit the sale, purchase or dispensing of alcoholic beverages;
6. To prohibit the sale, purchase or dispensing of groceries, commodities, or goods as reasonably determined to be necessary for the preservation and maintenance of life, health, property or the public peace;
7. To prohibit the use of certain streets, highways or public ways;
8. To order the closure of any business or service establishment reasonably determined to be necessary for the preservation and maintenance of life, health, property or the public peace;
9. To prohibit such other activities as may reasonably be believed to be necessary to preserve and maintain the health, life, property and public peace.
The restrictions and prohibitions which the mayor or his successor may impose shall be at such times and upon such terms and conditions and shall be deemed reasonably necessary under the emergency circumstances.
C. Violations of Prohibitions During State of Emergency. Any violation of a prohibition declared by the mayor or his successor during a state of emergency shall constitute a gross misdemeanor.
D. Absence of Mayor/Line of Succession with Emergency Authority. The line of succession for persons with the power to declare a state of emergency and issue directives and prohibitions during the state of emergency shall be as follows:
Mayor;
Mayor pro tem;
Senior council member;
Second senior council member;
Third senior council member;
Fourth senior council member.
“Senior” or “seniority” shall mean years served on city council, including all years served on city council, regardless of whether there was a gap in years served on the council.
In the event the mayor and entire city council is not available due to injury or absence, the line of succession with emergency powers shall be as follows:
City police chief;
City fire chief;
Second ranking police officer;
City public works director;
City finance director.
E. Adoption of Emergency Operating Plan. This emergency operations plan is adopted under the authority of Chapter 38.52 RCW, WAC Title 118, and the agreement between the city of Zillah and the Yakima County department of emergency services. (Ord. 1439 § 29, 2017; Ord. 922 §§ 2 – 6, 2000)