Chapter 2.08
COUNCIL MEETINGS AND PROCEDURES

Sections:

2.08.010    Regular meetings.

2.08.020    Special meetings.

2.08.030    Work sessions.

2.08.040    Executive session.

2.08.050    Quorum.

2.08.052    Repealed.

2.08.055    Public hearings.

2.08.060    Manner of taking action.

2.08.065    Public notice for actions requiring a public hearing.

2.08.070    Rules of procedure – Adoption.

2.08.080    Presiding officer.

2.08.085    Agenda – Duty of Clerk to publish.

2.08.090    Agenda – Order of business.

2.08.095    Agenda – Order of business – Special meetings.

2.08.100    Minutes.

2.08.110    Rules – Amendment, suspension and violation.

2.08.120    Rules – Speaking, rules of conduct.

2.08.130    Rules – Point of order.

2.08.140    Rules – Motions – Second required.

2.08.150    Rules – Motions – Disposition, withdrawal.

2.08.160    Rules – Motions – Question under debate, motions received.

2.08.170    Rules – Motions – Putting questions in order moved.

2.08.180    Rules – Motions – Ordering previous question.

2.08.190    Rules – Motions – Reduction to writing.

2.08.200    Rules – Motions – Amending amendments.

2.08.210    Rules – Motion to reconsider.

2.08.220    Rules – Motions – Rescinding vote.

2.08.230    Rules – Voting.

2.08.240    Rules – Clerk – Duties.

2.08.250    Rules – Addressing the Council by the public.

2.08.260    Rules – Decorum by the public.

2.08.270    Ex officio sergeant-at-arms.

2.08.280    Acts required to be by ordinance.

2.08.290    Ordinances – Form.

2.08.300    Ordinances – Procedure.

2.08.310    Emergency ordinances.

2.08.320    Codes of regulations – Adoption.

2.08.330    Resolutions.

2.08.340    Printing, publication, codification.

2.08.350    Improper use or disclosure of information.

Prior legislation: Ords. 8-10-80B and 10-15-81.

2.08.010 Regular meetings.

A. Unless otherwise approved as provided in this section, regular meetings of the City Council shall convene at the City Council Chambers in the Public Works “P-12” Building, or any other designated place as may be approved by a majority vote of the City Council, on the third Tuesday of each month at the hour of 7:00 p.m. All regular meetings shall be promptly adjourned no later than 11:00 p.m. of the same evening unless a majority vote of the City Council approves a later adjournment. If all agenda items of the regular meeting are not able to be heard prior to adjournment, the regular meeting will be continued and reconvened the immediate following evening at 7:00 p.m. The adjournment provisions of this section shall apply to any continued regular meeting. If reasons prohibit successive evening meetings in order to accomplish the complete hearing of all agenda items, then a specific day and time will be set for resumption of the regular meeting with notice of, and all business at, such a delayed continuation of the regular meeting accomplished according to the procedure set forth in this chapter under WMC 2.08.020, Special meetings.

B. In the event a regular meeting falls on a holiday or holiday eve, Council anticipates a lack of a quorum or the regular meeting date conflicts with a special event, the City Council may, via motion and no later than 14 days prior to the originally scheduled regular meeting date, cancel or reschedule that meeting.

C. When the City Council intends to hold a regular meeting at a public location other than the usual place of the City Council meeting or at a time other than the usual day and time, the notice of the City Council meeting shall set forth with particularity the location, date and time of the meeting. The notice shall be published at least 24 hours prior to the scheduled meeting. [Ord. 30-2015 § 1, 2015; Ord. 579-12 § 2, 2012; Ord. 535-08 § 3, 2008; Ord. 523-07 § 2, 2007. Formerly 2.06.010].

2.08.020 Special meetings.

Special City Council meetings may be called by the City Manager, Mayor, or upon the request of at least two members of the City Council. The request shall be directed to the City Clerk who shall give notice of the special meeting to the City Manager, Mayor and/or the other members of the City Council. No less than 24 hours’ notice from the time of the scheduled special meeting must be given each City Council member and the general public. Only those agenda items included in the notification will be allowed to be heard at the special meeting. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 2, 2007. Formerly 2.06.020].

2.08.030 Work sessions.

The City Council may hold work sessions for the purposes of planning, and for studying and discussing any question permitted by law. No official action, such as adoption of an ordinance or resolution, shall be taken by the City Council on any matters discussed in the work session until the matter is placed on the City Council agenda at a regular or special meeting. Work sessions shall be held in the regular meeting place of the City Council, or at any other designated place as may be approved by a majority vote of the City Council. Notice, adjournment times and reconvening procedures shall follow the provisions set forth for regular meetings. The City Council may set public hearings at work sessions and may hold executive sessions. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 2, 2007. Formerly 2.06.030].

2.08.040 Executive session.

A. The City Council may, after convening as a public meeting, and upon a majority vote of the body, determine to meet in an executive session to consider any matter set forth in subsection (B) or (C) of this section. The motion calling for the executive session must clearly and with specificity describe the subject of the proposed executive session without defeating the purpose of addressing the subject in private, and no other matters may be considered at the executive session.

B. The following may be discussed in an executive session:

1. Matters that, if immediately disclosed, would tend to adversely affect the finances of the City;

2. Matters that would tend to injure the reputation of a person; provided, however, that the person may request a public discussion;

3. Matters which by law are required to be kept confidential;

4. Negotiations with labor organizations representing City employees; and

5. Matters involving the consideration of government records that by law are not subject to public disclosure.

C. At the request of the City Attorney, the City Manager, or any member of the City Council, the City Council may vote to meet in executive session to discuss legal matters or receive legal advice from an attorney, including but not limited to matters of pending or anticipated litigation, recommendations regarding proposed City Council action having serious legal implications, or other legal matters the disclosure or public discussion of which will or may tend to adversely affect the legal or financial positions of the City. All discussions with the City Attorney of legal matters considered pursuant to this section shall be confidential.

D. No official action may be taken at an executive session except to give direction to an attorney regarding the handling of a specific matter. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 2, 2007. Formerly 2.06.040].

2.08.050 Quorum.

Four Council members constitute a quorum. Four affirmative votes are required for the passage of an ordinance, resolution, or motion. Members participating by teleconference or other electronic means shall count towards a quorum; provided, that at least three Council members are present at the physical site of the meeting. [Ord. 02-2014 § 3, 2014; Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007; Ord. 420-01 § 2, 2001; Ord. 320-95 § 3, 1995. Prior code § 2.20.050(A). Formerly 2.06.050].

2.08.052 Participation by teleconference.

Repealed by Ord. 02-2016. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007; Ord. 467-03. Formerly 2.06.052].

2.08.055 Public hearings.

All substantial actions taken on behalf of the City shall require full disclosure and a public hearing prior to final Council action. Public hearings shall be held on all final actions, except for resolutions that have a fiscal impact to the City of less than $5,000, including the approval of contracts of less than $5,000. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007; Ord. 320-95 § 3, 1995. Formerly 2.06.055].

2.08.060 Manner of taking action.

The final vote on each ordinance, resolution, or substantive motion is recorded by a roll call vote. All Council members present shall vote unless the Council, for special reasons, permits a member to abstain. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.050(B). Formerly 2.06.060].

2.08.065 Public notice for actions requiring a public hearing.

A. Advance public notice of the Council agenda for all regular and special meetings (except for recessed or continued meetings) shall be posted at least five days in advance of the scheduled meeting in at least six public places in the City, including the City offices. Agendas shall include notification of all matters on which the Council plans to take final action after a public hearing. Supporting materials for such actions, to the extent available and a matter of public record, shall be available for inspection by the public during normal business hours.

B. Provisions for advance public notice may be waived by the Council only in the event of a finding by the Council that an emergency exists, together with a statement of facts upon which the finding of an emergency is based. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007; Ord. 320-95 § 5, 1995. Formerly 2.06.065].

2.08.070 Rules of procedure – Adoption.

The Council by resolution may adopt rules of procedure consistent with a law to govern its proceedings. Except where otherwise provided by law or the Council’s rules of procedure, Robert’s Rules of Order, revised, shall govern. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.060. Formerly 2.06.070].

2.08.080 Presiding officer.

A. The Mayor shall preside at all meetings of the Council. The Mayor shall preserve order and decorum among the Council members, and is responsible for the conduct of all meetings in compliance with the rules of the Council. The Mayor may from time to time make such rules as he deems proper in order to preserve order among the spectators in the Council Chambers during sessions of the Council. The Mayor may also vote. The Mayor may speak to points of order in preference to other members, and shall decide all points of order, subject to appeal to the Council by motion duly seconded as herein provided. The Mayor may at any time call the Vice-Mayor, or in the absence of the Vice-Mayor, a Mayor Pro Tempore, selected as provided by WMC 2.04.130, to the chair during any meeting, such substitution to continue until the Mayor elects to resume the chair, but in no event beyond adjournment of the meeting at which such substitution is made.

B. In the temporary absence or disability of the Mayor, the Vice-Mayor may call the Council to order at any duly called meeting. The Vice-Mayor may vote.

C. In the temporary absence or disability of the Mayor and the Vice-Mayor, the Mayor Pro Tempore shall be selected as provided in WMC 2.04.130. The Mayor Pro Tempore may vote. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007; Ord. 222-92 § 2, 1991. Prior code § 2.20.061. Formerly 2.06.080].

2.08.085 Agenda – Duty of Clerk to publish.

The agenda for every regular and special meeting of the City Council shall be published by the City Clerk in conformance with all applicable sections of this code. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007; Ord. 217-92 § 1, 1991. Formerly 2.06.085].

2.08.090 Agenda – Order of business.

A. The order of business for the regular Council meetings of the City Council shall be as follows:

1. Call to order;

2. Opening ceremony;

3. Roll call;

4. Approval of minutes;

5. Approval of regular meeting agenda;

6. City Manager’s report;

7. Citizens’ comments on agenda items not scheduled for public hearing;

8. Approval of consent calendar;

9. Public hearings (non-ordinance):

a. Contracts,

b. Real property acquisition or disposal,

c. Other;

10. Presentations;

11. Ordinances:

a. Introductions (first reading),

b. Public hearings (second reading);

12. Resolutions;

13. Unfinished business;

14. New business;

15. Council discussion;

16. Citizens’ discussion;

17. Council and administration response to citizens’ comments;

18. Adjournment.

B. Those items on the Council agenda which are considered routine by the City Manager and City Clerk shall be listed under that portion of the agenda entitled “consent calendar.” Unless the Mayor or a Council member specifically requests that such an item on the consent agenda be considered under the regular meeting agenda, and thus removed from the consent calendar and considered separately in a specific order on the regular agenda, these items so designated shall be approved, adopted, accepted or ratified by motion of the Council and roll call vote under that portion of the agenda entitled “approval of consent calendar.” Those items so approved under the consent calendar shall appear in the Council minutes as if acted upon individually.

C. The certification of any election shall be made under that portion of the agenda entitled “new business.”

D. Under appropriate circumstances, the City Manager may invite department administrators or other staff members to make individual department reports under that portion of the agenda entitled “City Manager’s report.”

E. Communications with the Council will be placed by the City Clerk under that portion of the agenda appropriate to the subject matter of the communication.

F. The presiding officer may at any time permit a member to introduce an ordinance, a resolution or a motion out of the regular order, provided a majority of the Council members consent.

G. No matters other than those on the agenda shall be finally acted upon by the City Council; provided, that matters declared to be emergencies or of an urgent need by the Mayor, or any Council member, or the City Manager, with a full explanation of the emergency or urgency stated in open Council meeting, may with the consent of the Council by majority vote, be considered and acted upon by the Council.

H. New business may require a public hearing before final action is taken approving the expenditure of $5,000 or more. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007; Ord. 320-95 §§ 6, 7, 1995; Ord. 258-92 § 2, 1992; Ord. 205-91 § 1, 1991; Ord. 61, 1987; Ord. 39 § 2, 1986. Prior code § 2.20.062. Formerly 2.06.090].

2.08.095 Agenda – Order of business – Special meetings.

The order of business for a special meeting of the City Council shall be as follows:

A. Call to order;

B. Opening ceremony;

C. Roll call;

D. Approval of special meeting agenda;

E. Citizen comments on agenda items not scheduled for public hearing;

F. Public hearings;

G. Special meeting business item(s);

H. Council discussions;

I. Citizen discussion;

J. Adjournment. [Ord. 19-2014 § 1, 2015; Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007; Ord. 220-92 § 1, 1991. Formerly 2.06.095].

2.08.100 Minutes.

A. An electronic or magnetic recording of all regular and special meetings shall be taken and kept for six years. The minutes of all regular and special meetings (it is here understood that emergency meetings shall follow this same procedure if circumstances permit) of the Council shall be kept by the City Clerk, or other person designated by the City Manager, and shall be neatly typewritten in a book kept for that purpose with a record of each particular type of business transaction set off in paragraphs, with proper subheads; provided, that the City Clerk shall be required to make a record only of such business as was actually passed upon by a vote of the Council and shall not be required to make a verbatim transcript of the proceedings; provided further, that during public hearings a record should be made of the names of the persons addressing the Council, the title and the subject matter to which the remarks related and whether they spoke in support of or in opposition to the subject matters. Provided, however, that any Council member may request that his/her remarks on any subject be recorded in the minutes verbatim as a matter of public record. The typewritten form of the minutes shall constitute the official record of said meeting. All minutes of the Council shall be distributed by the City Clerk to the public desiring it at cost.

B. Unless the reading of the minutes of a Council meeting is requested by the majority of the Council, such minutes may be approved without reading if the Clerk has previously furnished each Council member with a copy thereof.

C. The City Clerk shall produce the minutes in a timely fashion for Council review. The minutes of meetings under no circumstances are to be delinquent for more than one meeting of the Council. That is, minutes for two meetings could be presented at the third meeting. Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007; Ord. 303-93 § 1, 1994; Ord. 269-93 § 2, 1993. Prior code § 2.20.063. Formerly 2.06.080].

2.08.110 Rules – Amendment, suspension and violation.

A. A proposed amendment to, or repeal of, any rule of the Council shall be submitted in writing, be laid on the table at the meeting to which it is submitted, and shall become the first item of unfinished business (old business) at the next regular meeting.

B. In all matters of parliamentary procedure not covered in these rules, Robert’s Rules of Order shall be applicable and govern.

C. The Council rules and order of business shall be observed in all cases, unless suspended temporarily for a special purpose of an emergency nature by a vote of the majority of Council members present. Any member may move at any time for the suspension of any rule, and such motion must be seconded to entitle it to consideration.

D. If any member, in speaking or otherwise, transgresses the rules of the Council, the presiding officer shall, or any member can, call him to order; in which case the member so called to order shall immediately cease discussion unless permitted by the presiding officer to explain; and the Council, if appealed to, shall decide the question without debate. If the decision is in favor of the member so called to order, he shall be at liberty to proceed; if otherwise, he shall not proceed without leave of the Council to proceed in order.

E. If any member, in speaking or otherwise, divulges facts or discussions of a confidential nature discussed, written or otherwise presented at an executive session, he or she shall be called to order by any member and shall explain the release of said information. Upon a majority of the Council that the member so violating the confidential nature of the executive session may be barred from any or all executive sessions by two-thirds vote of the Council.

F. A member about to speak shall respectfully address the chair, and shall not commence to speak until recognized by the presiding officer. When two or more members request to speak at the same time, the presiding officer shall determine which one is recognized. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.064. Formerly 2.06.110].

2.08.120 Rules – Speaking, rules of conduct.

A. Every member while speaking shall confine himself to the subject under debate, shall refrain from personalities, and shall not refer to any other member of the Council except in a respectful manner.

B. Unless a member who has the floor yields for that purpose, no member shall interrupt another while speaking, except to propound a parliamentary inquiry or make a point of order.

C. No member shall speak more than twice or for more than 10 minutes continuously to any one question, except that one or more additional periods of 10 minutes may be granted by unanimous consent. The reading of papers desired by any member shall be read by himself or by the City Clerk within the member’s time limitation unless permission for the Clerk to read such paper outside the time limitation is unanimously granted.

D. No appeal from any decision of the presiding officer shall be entertained unless it is seconded, and no other business shall be in order until the question on appeal has been decided. The question on the appeal is not debatable and shall be put as follows: “Shall the decision of the chair stand as the judgment of the Council?” It shall be deemed to be decided in the affirmative unless a majority of the votes given are to the contrary.

E. Any member may make a parliamentary inquiry of the chairman at any time during a meeting. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.065. Formerly 2.06.120].

2.08.130 Rules – Point of order.

Any member may make a point of order without a second at any time. The presiding officer may speak to points of order in preference to other members, and shall decide all such questions, subject to appeal to the Council by motion duly seconded; and no other business shall be in order until the question on the appeal has been decided. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.066. Formerly 2.06.130].

2.08.140 Rules – Motions – Second required.

All motions shall require a second, unless otherwise provided by special rule. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.0670. Formerly 2.06.140].

2.08.150 Rules – Motions – Disposition, withdrawal.

After a motion is stated or read by the presiding officer, it shall be deemed to be in the possession of the Council and shall be disposed of by vote, but the mover may withdraw it at any time before the decision or amendment, by consent of the second. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.0671. Formerly 2.06.150].

2.08.160 Rules – Motions – Question under debate, motions received.

A. When a question is under debate, the presiding officer shall receive any of the following motions but no other:

1. To adjourn;

2. To recess;

3. To raise a question of privilege;

4. To call for the order of the day, or the regular order;

5. To lay on the table;

6. For the previous question;

7. To limit or extend limits of debate;

8. To postpone to a certain time;

9. To refer;

10. To amend;

11. To postpone indefinitely.

B. When one of the above motions has been made, none of the others inferior to it in the order in which they stand above shall be made, and in proceeding to vote, motions pending shall be put in the order of their rank as above arranged. The first seven are not subject to debate. A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended; the previous questions may be demanded before an amendment, which motion shall be decided without debate. A motion to adjourn shall always be in order; provided, that business of a nature to be recorded in the journal has been transacted since any previous motion to adjourn has been defeated. No motion or proposition of a subject different to that under consideration shall be admitted under color of an amendment.

C. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall, at the appointed time or at any time subsequent thereto, be in order upon the call of any member, and take precedence over all other business. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.0672. Formerly 2.06.160].

2.08.170 Rules – Motions – Putting questions in order moved.

The presiding officer shall put all questions in the order in which they are moved unless a subsequent motion shall be previous in its nature except, in naming sums and fixing times, the largest sum and the longest time shall be put first. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.0673. Formerly 2.06.170].

2.08.180 Rules – Motions – Ordering previous question.

When the previous question is moved by any member, all debate on the main question shall be suspended immediately and the presiding officer shall put the question in the following form:

The previous question is moved on (specifying the motion on which the previous question is demanded). As many as are in favor of ordering the previous question will so indicate.

If the majority assent, the affirmative has it, the previous question is ordered, and the chairman will proceed immediately to put to a vote the question as ordered. If less than the majority so indicated, the negative has it, the motion is lost, and the question reverts to the immediately pending question which is again open to debate and amendment as if the previous question has not been demanded. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.0674. Formerly 2.06.180].

2.08.190 Rules – Motions – Reduction to writing.

Any motion must be reduced to writing if the presiding officer so requires or any member so demands, and no other motion shall be entertained until reasonable time (not over 10 minutes) is afforded for compliance with this rule. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.0675. Formerly 2.06.190].

2.08.200 Rules – Motions – Amending amendments.

A motion to amend an amendment shall be in order; but to debate motion to amend an amendment shall not be entertained. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.0676. Formerly 2.06.200].

2.08.210 Rules – Motion to reconsider.

When a vote has been taken either passing or defeating any proposition or legislation, any Council member who voted on the prevailing side may move for reconsideration at the same time meeting or at the next succeeding meeting whenever motions are in order; provided, that the subject matter has not passed out of the control of the Council. The term “prevailing side” includes the negative side, which has prevailed because the affirmative side has failed to muster the requisite number of votes required for passage of the measure. A motion to reconsider requires a majority of affirmative votes and, if it prevails, the subject shall be open to debate and amendment in the same manner as the original question. Debates on motions to reconsider shall be limited to 25 minutes and no member shall speak for more than five minutes. No measure shall be reconsidered more than once. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.0677. Formerly 2.06.210].

2.08.220 Rules – Motions – Rescinding vote.

Any previous vote may be rescinded by vote of the majority of the Council at any time, provided the subject has not passed out of the control of the Council. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.0678. Formerly 2.06.220].

2.08.230 Rules – Voting.

A. The presiding officer shall declare all votes, but if any member doubts a vote, the presiding officer, without further debate upon the question, shall request the members voting in the affirmative and negative respectively to so indicate, and he or she shall declare the result.

B. The vote upon all matters considered by the Council shall be taken by yes or no votes which shall be entered upon the record, except that if the vote is unanimous, it shall be necessary only to so state.

C. Every member who shall be present when a question is put, where he or she is not disqualified under this code, shall vote.

D. Anything to the contrary in these rules notwithstanding, in all cases where an extraordinary majority is not required, and when no motion is before the Council, the chairman may, in lieu of calling for or waiting a motion to be made, put the question in the following form: “Without objection, it will be so ordered.” If no objection is heard, he shall announce: “It is so ordered,” which will have the same effect as if a motion is reasonable expressed when the question is put, the chairman shall not proceed further under this rule, but instead shall call for a motion, which motion shall be handled in the regular manner. [Ord. 05-2017(S) § 8, 2017; Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007; Ord. 272-93 § 1, 1993. Prior code § 2.20.068. Formerly 2.06.230].

2.08.240 Rules – Clerk – Duties.

The City Clerk shall give notice of City Council meetings, shall attend all meetings of the Council and keep the journal of its proceedings, shall authenticate by his/her signature and record in full in a book or file kept for that purpose all ordinances and resolutions duly indexed and open to public inspection. In case of the temporary absence of the City Clerk, the City Manager may appoint an acting Clerk, with all the powers, duties and obligations of the City Clerk, who shall be duly qualified. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007. Prior code § 2.20.069. Formerly 2.06.240].

2.08.250 Rules – Addressing the Council by the public.

A. A person desiring to address the Council shall first secure the permission of the presiding officer to do so, shall stand before the Council and give his or her name and address in an audible tone of voice for the record, and, unless further time is granted by the presiding officer, shall limit his or her address to the times hereinafter specified. All remarks shall be addressed to the Council as a body and not to any member thereof. No person other than a Council member and the person having the floor shall be permitted to enter into any discussion without permission from the presiding officer.

B. In a public hearing, persons or their authorized legal representatives may address the Council in regard to matters then under discussion. Unless the presiding officer grants further time, each person testifying under this public hearing provision shall limit his or her presentation to five minutes.

C. In a matter that is not a public hearing, persons or their authorized representatives may address the Council by oral communication on any matter concerning the City’s business, or any matter over which the Council has control.

1. For an agenda item not scheduled for public hearing each individual presentation shall be limited to two minutes, unless further time is granted by the presiding officer, and all presentations shall be limited to a total time of not more than 30 minutes, unless further time is granted by the presiding officer.

2. For a matter not appearing on the agenda over which the Council has control, individual comments may be made during the public participation category of the order of business, and shall be limited to five minutes per person, unless the presiding officer grants further time.

D. Anyone wishing to make a formal presentation to the Council concerning any item not appearing on the agenda over which the Council has control must give prior written notice to the Clerk no later than noon on the Wednesday immediately preceding the Tuesday upon which the meeting will be held. Such notice shall set forth the name of the person wishing to make the presentation, his or her mailing address and telephone number, and the nature of the proposed communication in order that the same may appear on the agenda of the Council. Any documents, exhibits or other materials used in support of the presentation shall be furnished in nine complete sets to the Clerk not later than the calling of the item on the agenda. All such presentations shall be limited to five minutes unless the presiding officer grants further time.

E. When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Council, and in that case, if additional members of the same group are to be present at that time, to limit the number of persons so addressing the Council so as to avoid repetition before the Council. [Ord. 572-11 § 2, 2011; Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007; Ord. 202-91 § 1, 1991. Formerly 2.06.250].

2.08.260 Rules – Decorum by the public.

A. Any person addressing the Council making personal, impertinent or slanderous remarks, or who shall become boisterous while addressing the Council, shall be forthwith, by the presiding officer, barred from further audience at the meeting before the Council, unless permission to continue is granted by a majority vote of the Council.

B. Any person in the audience who uses loud, boisterous or profane language at a Council meeting, or language tending to bring the Council or any Council member into contempt, or any person who persistently interrupts the proceedings of the Council or refuses to keep quiet or take a seat when ordered to do so by the presiding officer, is guilty of an infraction, punishable by a fine not to exceed $1,000. Upon instruction from the presiding officer, it shall be the duty of any police officer present to eject any such person from the Council Chambers. [Ord. 03-2020 § 2, 2020; Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007; Ord. 202-91 § 2, 1991. Formerly 2.06.260].

2.08.270 Ex officio sergeant-at-arms.

The Chief of Police shall be ex officio sergeant-at-arms of the Council. The sergeant-at-arms, personally or through any duly appointed police officer of the City, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chambers. [Ord. 535-08 § 3, 2008; Ord. 523-07 § 3, 2007; Ord. 202-91 § 3, 1991. Formerly 2.06.270].

2.08.280 Acts required to be by ordinance.

A. In addition to other actions required by law to be by ordinance, the Council shall use ordinances to:

1. Establish, alter or abolish City departments;

2. Fix the compensation of Council members;

3. Provide for a fine or other penalty, or establish rules or regulations for violation of which a fine or other penalty is imposed;

4. Provide for the levying of taxes;

5. Make appropriations and supplemental appropriations or transfer appropriations;

6. Grant, review or extend a franchise;

7. Regulate the rate charged by a public utility;

8. Adopt, modify or repeal the comprehensive plan, zoning and subdivision ordinances, building and housing codes, and the official map;

9. Approve the transfer of a power to a borough from the City;

10. Provide for the retention or sale of tax-foreclosed property;

11. Exempt contractors from compliance with general requirements relating to payment and performance bonds in the construction or repair of City public works projects within the limitations set out in AS 36.25.025.

B. This section grants no authority but requires the Council to use ordinances in exercising certain of its powers. [Ord. 535-08 § 3, 2008. Prior code § 2.30.010. Formerly 2.08.010].

2.08.290 Ordinances – Form.

All ordinances enacted by the Council shall be in substantially the following form:

A. Ordinances shall be numbered consecutively in the order they are offered for introduction, and shall contain a title briefly summarizing their contents.

B. The enacting clause for an ordinance shall be: “The Whittier City Council ordains:”

C. The ordinance shall bear the date upon which it was approved by the Council, and shall be signed by the Mayor and attested by the Clerk.

D. Ordinances that enact, amend or repeal sections of this code shall refer to the code sections by number. [Ord. 535-08 § 3, 2008. Prior code § 2.30.020. Formerly 2.08.020].

2.08.300 Ordinances – Procedure.

A. An ordinance may be introduced by a member or committee of the Council or by the Manager. Upon approval of a motion therefor, the ordinance is set for hearing. No less than five days before the public hearing, a summary of the ordinance and its amendments shall be posted with a notice of the time and place for the hearing in at least three public places in the City, including the City offices.

B. At the hearing copies of the ordinance must be available to all persons present or the ordinance must be read in full. The Council shall hear all persons wishing to be heard before acting on the ordinance.

C. After the hearing the Council shall consider the ordinance and may adopt it with or without amendment. No further public hearing is required unless amendments change the ordinance so substantially as to change its basic character.

D. Ordinances take effect upon adoption or at a later date specified in the ordinance. [Ord. 535-08 § 3, 2008. Prior code § 2.30.030. Formerly 2.08.030].

2.08.310 Emergency ordinances.

A. Notwithstanding WMC 2.08.300, to meet a public emergency the Council may adopt ordinances in accordance with this section that are effective on adoption. Every emergency ordinance must contain a finding by the Council that an emergency exists and a statement of the facts upon which the finding is based. The ordinance may be amended, and adopted or rejected, at the meeting at which it is introduced. The affirmative vote of all members present, or three-quarters of the total membership, whichever is less, is required for adoption.

B. An emergency ordinance may not be used to levy taxes, to grant, renew or extend a franchise, or to regulate the rate charged by a public utility for its services.

C. Emergency ordinances are effective for 60 days. [Ord. 535-08 § 3, 2008. Prior code § 2.30.040. Formerly 2.08.040].

2.08.320 Codes of regulations – Adoption.

The Council may in a single ordinance adopt or amend by reference provisions of a standard published code of regulations. The regular ordinance procedure applies except that neither the ordinance nor its amendments need be distributed to the public or read in full at the hearing. For a period of 15 days before adoption at least five copies of the code must be made available for public inspection at a time and place set out in the hearing notice. Only the adopting ordinance need be printed after adoption. The Council shall provide for the adopted code to be sold to the public. [Ord. 535-08 § 3, 2008. Prior code § 2.30.050. Formerly 2.08.050].

2.08.330 Resolutions.

A. Formal acts by the Council not required by law to be enacted by ordinance may be enacted by resolution.

B. Resolutions shall be numbered consecutively in the order they are offered for introduction and shall contain a title briefly summarizing their contents. The enacting clause for a resolution shall be “The Whittier City Council resolves.” A resolution shall bear the date upon which it was approved by the Council and shall be signed by the Mayor and attested by the Clerk.

C. Every resolution shall be introduced in writing. Copies of the resolution shall be available to all persons present at the meeting where the resolution is considered, or the resolution shall be read in full.

D. Resolutions take effect upon adoption or at a later date specified in the resolution. [Ord. 535-08 § 3, 2008. Prior code § 2.30.060. Formerly 2.08.060].

2.08.340 Printing, publication, codification.

A. Except as this chapter provides otherwise, all adopted ordinances and resolutions shall be printed and available to the public at cost.

B. All adopted ordinances and resolutions shall be posted for at least one week after adoption at a public place designated by the Manager for the posting of notices by the City.

C. Each ordinance and resolution shall be assigned a serial number, and, after adoption, entered by the Clerk in a properly indexed book.

D. Each ordinance adopting, amending or repealing a provision of this code shall be indexed by the Clerk under the code section affected, and incorporated into the next supplement to this code published by the City. [Ord. 535-08 § 3, 2008. Prior code § 2.30.070. Formerly 2.08.070].

2.08.350 Improper use or disclosure of information.

A. An elected or appointed public officer or City employee may not disclose confidential information received in the course of, or by reason of, the person’s official duties unless disclosure is authorized by a majority vote of the City Council.

B. Any person in violation of this section shall be subject to a penalty of up to $1,000 plus any surcharge imposed by AS 12.55.039. Each violation shall be considered a separate offense. [Ord. 03-2013 § 2, 2013].