Chapter 2.06 RULES OF PROCEDURE

B. Notice of the special meetings shall be prepared in writing by the city clerk. The notice shall contain the following information about the meeting: time, place and business to be transacted. Publication will be made as required by the Revised Code of Washington and this code.

C. The notice shall be delivered by mail or personally to the residence of each council member, mayor and the business office of the local newspaper and posted at the Langley Post Office, Langley Library and Langley City Hall. The notice shall be delivered at least 24 hours prior to the meeting.

D. The notices in this section may be dispensed with in the circumstances provided by RCW 42.30.080:

1. As to any member who at or prior to the meeting convening files with the city clerk-treasurer a written waiver of notice;

2. As to any member who was actually present at the meeting at the time it convenes; and

3. In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. (Ord. 559, 1990)

2.06.040 Meetings – Open to public – Public participation.

A. All meetings of the city council and of committees thereof shall be open to the public and held and conducted in accord with the Open Public Meetings Act of 1971, as provided for in Chapter 42.30 RCW.

B. Citizens are welcome at all council meetings and are encouraged to attend, participate and contribute to the deliberations of the council. Recognition of a speaker by the presiding officer is a prerequisite and necessary for an orderly and effective meeting, be the speaker a citizen, council member or staff member. Further, it will be expected that all speakers will deliver their comments in a courteous and efficient manner and will speak only to the specific subject under consideration. Anyone making out-of-order comments or acting in an unruly manner shall be subject to removal from the meeting. (Ord. 559, 1990)

2.06.050 Meetings – Quorum.

At all meetings of the council, three council members, who are present and eligible to vote, shall constitute a quorum for the transaction of business. Council meetings adjourned under the previous provision shall be considered a regular meeting for all purposes. (Ord. 559, 1990)

2.06.060 Meetings – Attendance.

RCW 35A.12.060 provides that a council member shall forfeit his/her office by failing to attend three consecutive regular meetings of the council without being excused by the council. Members of the council may be so excused by complying with this section. The member shall contact the presiding officer prior to the meeting and state the reason for his/her inability to attend the meeting. If a council member is unable to contact the presiding officer, the member shall contact the clerk-treasurer, who shall convey the message to the presiding officer. Following roll call, the presiding officer shall inform the council of the member’s absence, state the reason for such absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused, and the clerk-treasurer will make an appropriate notation in the minutes. If the motion is not passed, the clerk-treasurer will note in the minutes that the absence is unexcused. (Ord. 559, 1990)

2.06.065 Meetings – Attendance from remote location.

A. Purpose. The council, recognizing the benefits of fullest practicable attendance and participation by its members, by the mayor, by city staff, by the city attorney and by others, allows for attendance from remote location(s) through use of electronic means including but not limited to such two-way communication methods as speakerphone, Skype, or other media that provide full audio or audio and visual capability. In certain circumstances including emergencies it may be necessary for one or more members of the council to attend from remote location(s) in order to have a quorum.

1. For purposes of voting by a member (or members) of the council, such attendance from remote location(s) shall be considered the equal of being physically present in the council chamber. If the mayor attends by remote means, he/she may participate in discussions, but the mayor pro tempore if physically present in the chamber shall be the presiding officer to best facilitate an orderly and efficient process.

2. In the case of executive sessions, the council may permit participation from remote location(s) by the above alternative means only when the council on a case-by-case basis considers such participation to be necessary and the council is confident in the security of such remote communications.

3. Attendance from remote location(s) is intended to be an alternative and relatively infrequently used method for participation by members of the council.

B. Protocol and Procedures. In all meetings involving remote attendance, the presiding officer shall inform all present in the council chamber of the intent to initiate a remote communication.

1. The presiding officer shall confirm and announce to all that all present in the chamber and in the remote location(s) can clearly hear all other parties and (as appropriate) clearly see visual content as will be presented. The clerk shall record such confirmation.

2. With such confirmation, members of the council – whether they are in the chamber or at remote location(s) – constituting a majority may approve the use of remote communication for the entirety of the meeting or for a specified portion thereof.

3. If the council by a majority approves use of remote communication for only a specified portion of any meeting, the presiding officer shall announce same and, at the end of the specified section, shall clearly announce to all the close of the remote communication and shall order that the connection be stopped. The attendance of the remote party shall be at an end. The clerk shall record the beginning and ending times of each such remote communication.

4. In the event that the remote communication link is broken or significantly degraded such that it no longer meets the full requirements of this section, the presiding officer shall confirm the loss of service and announce the close of the remote attendance. The attendance of the remote party shall be at an end. The clerk shall record the time of such closure.

C. Requirements of the System(s). Any such communications systems utilized shall reliably permit all persons attending – whether they are physically in the council chamber or in remote location(s) – to be clearly heard by all others and to clearly hear all audio content of the meeting; and where applicable by the council’s determination, be clearly seen by all others and clearly see all visual content that is determined by the council to be crucial to the understanding of matters discussed. Systems used in the course of executive sessions shall be reasonably secure from unauthorized access.

D. Maintenance of Public Record. Audio and video recordings of proceedings under this section shall be maintained for the public record as required by law.

E. System Initiation, Training and Maintenance. In a reasonable time, the council shall make available appropriate funds and the mayor shall arrange for the acquisition and installation of all appropriate equipment, communication systems and software as shall be necessary to fulfill this section. The mayor shall also ensure the maintenance of such systems. The mayor shall also provide appropriate training to the council and to all staff who may participate in such meetings in accordance with this section. Systems, equipment and training for the purpose of this section shall from time to time be upgraded at the suggestion of the mayor and at direction of the council as technologies advance and city budgets allow. (Ord. 971A § 1, 2012)

2.06.070 Meetings – Agenda – Preparation – Distribution.

A. The clerk-treasurer or designate shall accomplish the secretarial functions of the council by:

1. Preparing all agendas and providing all material as listed in the agenda. All items to be included on the agenda for council consideration which require research or typing must be submitted to the city clerk-treasurer on an agenda item form five working days prior to a scheduled meeting. More routine matters must be submitted to the clerk-treasurer no later than four working days prior to a scheduled meeting or no later than 2:00 p.m. on the Thursday preceding each council meeting. The city clerk-treasurer shall then prepare a proposed agenda with attachments according to the order of business. The mayor or presiding officer will normally review the proposed agenda with the city clerk-treasurer prior to the preparation of the final agenda. After the proposed agenda has been approved by the mayor or presiding officer, the city clerk-treasurer shall prepare the final agenda, which shall be distributed to the mayor, council members, city attorney and administrative department heads no later than 4:30 p.m. on the Friday preceding the council meeting. A copy of the agenda shall be posted at the same time on the bulletin board at Langley City Hall, Langley Library and Langley Post Office. Minutes of the previous council meeting shall be available with the agenda packet. A copy of the approved agenda will be submitted for publication to the local newspaper no later than noon on the Friday before the meeting.

2. Providing an adequate level of research, information gathering and secretarial assistance to the individual council members in their pursuit of city business.

3. Recording and minute taking of all council meetings.

4. Preparation and distribution of all minutes.

5. Reports. Reports on special interest items from the mayor, city council, staff, city attorney, department heads and intergovernmental representatives.

a. Items to come before the city council shall first be placed on the agenda of the appropriate legislative review committee before they are placed on the agenda of a regular council meeting.

b. All items to be presented that are not routine in nature shall be submitted on a completed council agenda item (CAI) form. The format of the form shall be determined by the city clerk-treasurer. The clerk-treasurer or designated person shall be responsible for attaching a CAI number, keeping the original CAI and an index for future reference and forwarding to the appropriate legislative review committee.

B. The agenda shall contain items referred from committees, department heads, items referred by a council member, and items set by the presiding officer. The presiding officer will normally review the proposed agenda with the city clerk-treasurer.

C. The council packet, excluding all confidential material, will be available to review at City Hall after council members have received it. Citizens may request a copy of the packet at the current per page charge listed in the city’s municipal code fee schedule. A copy of the council packet will also be available at the Langley Library. (Ord. 869, 2006; Ord. 559, 1990)

2.06.080 Meetings – Order of business.

A. The business of all regular meeting of the council will be determined by the city council and shall be transacted in the following order, unless the council, by a majority vote of the members present, suspends the rules and changes the order.

B. The format of the city council agenda shall be as follows:

1. Call to order.

2. Flag salute.

3. Roll call.

4. Consent agenda.

a. The consent agenda contains all consent agenda items approved by the presiding officer or forwarded by unanimous committee action or proposed by council members and routine items such as, but not limited to:

(1) Approval of minutes;

(2) Payment of the bills.

b. The following rules shall apply to the consent agenda:

(1) Any member of the city council may, by request, have an item removed from the consent agenda. The item will be forwarded under new business for further discussion;

(2) The remaining items shall be approved by one motion.

c. The consent agenda may contain items which are of a routine and noncontroversial nature which may include, but are not limited to, the following: communications, memos and reports for information of council, resolutions, agreements, petitions, minutes of commissions and boards, applications, approval of bills which may be accepted by consent of the council by a single vote without reading, unless a member of the council or any person attending a council meeting should request such reading. If such a request is made, it shall be granted.

d. Minutes of the preceding meeting and bills tendered for payments shall not be read in detail at each meeting prior to approval unless a member of the council or any person attending a council meeting should request such a reading. In such instances the request shall be granted. Any item on the consent agenda may be removed and considered separately as an agenda item at the request of any council member or any person attending a council meeting.

e. The city clerk-treasurer in consultation with the mayor shall place matters on the consent agenda which have been:

(1) Previously discussed by the council; or

(2) Based on the information delivered to members of the council by administration that can be reviewed by a council member without further explanation; or

(3) Are so routine or technical in nature that passage is likely; or

(4) As directed by the members of the city council.

All materials to be included in the consent agenda must be filed with the clerk-treasurer, a minimum of four working days before or no later than 2:00 p.m. on the Thursday before the meeting.

f. The proper council motion on the consent agenda is as follows: “I move adoption of the consent agenda.” The motion shall be nondebatable and will have the effect of moving all items on the consent agenda. Since adoption of any item on the consent agenda implies unanimous consent, any member of the council shall have the right to remove any item from the consent agenda. Therefore, prior to the vote on the motion to adopt the consent agenda, the presiding officer shall inquire if any council member wishes an item to be withdrawn from the consent agenda. If any matter is withdrawn, the presiding officer shall place the item at an appropriate place on the agenda for further consideration or on the agenda of a future meeting

5. Approval of the Agenda. Approval of the agenda is a nondebatable item. Amendments are allowed.

6. Audience – Comments from the Public on Nonpublic Hearing Topics.

a. Audience. To give the audience an opportunity to address the council on items not listed on the agenda;

b. Subjects Not on the Current Agenda. Any member of the public may request time to address the council after first stating their name, address and the subject of their comments. The presiding officer may then allow the comments subject to such time limitations as the presiding office deems necessary. Following such comments, the presiding officer, with the consent of council, may place the matter on the current agenda or a future agenda, or refer the matter to administration or a council committee for investigation and report;

c. Subjects on the Current Agenda. Any member of the public who wishes to address the council on an item on the current agenda shall make such request to the presiding officer at the time when comments from the public are requested. The presiding officer may change the order of the speakers so that testimony is heard in the most logical groupings, i.e., proponents, opponents, adjacent owner, vested interest, etc;

d. Any ruling of the presiding officer relative to subsections (B)(6)(b) and (B)(6)(c) of this section may be overruled by a vote of the majority of council members present.

7. Ordinances and Resolutions.

a. All proposed ordinances and resolutions shall be reviewed by the city attorney to see that they are in correct form prior to the final passage. All accompanying documents shall be available at a previous council meeting before the ordinances and resolutions can be passed;

b. Resolutions of the city council shall be signed by the clerk-treasurer and the mayor and approved as to form by the city attorney;

c. A joint resolution of the city council and the mayor may be proposed when:

(1) The subject matter of the resolution is of broad city concern, and the subject contains council policy and administrative procedure; or

(2) The nature of the resolution is of a ceremonial or honorary nature;

d. Joint resolutions will be subject to the voting rules of Section 2.06.090(K) and will be signed by the mayor and the clerk-treasurer. The council may provide for all council members signing the joint resolution enacted under subsection (B)(7)(c) of this section and approved as to form by the city attorney;

e. Refer to Section 2.06.220.

8. Public Hearings/Meetings. See Section 2.06.230.

9. Unfinished Business. This section of the agenda shall include committee progress reports and items of a general nature, including resolutions and ordinance previously discussed at a council meeting. The following procedures shall apply during this section of the agenda:

a. The sponsor or a designated spokesman of each item will give a presentation;

b. The council may then question the sponsor or designated spokesman of the presented item;

c. A motion at this time will be in order:

(1) If a resolution or ordinance, the city clerk-treasurer shall read the item by title only, unless the council, by motion duly passed, wishes to have the resolution read in its entirety;

(2) The council, by motion, will act on the resolution or ordinance;

(3) All other items will be acted upon by council motion.

10. New Business. This section of the agenda shall include all items of a general nature, including resolutions and ordinances previously discussed at a committee meeting and put forward to the regular meeting for first reading and items that have been removed from the consent agenda. The procedures that apply during this section shall be the same as under unfinished business.

11. Mayor’s report.

12. Staff report – Second meeting of the month staff will present a report.

13. Council reports (committee reports).

14. Executive session (if necessary). See Section 2.06.100.

15. Adjournment. No meeting shall be permitted to continue beyond 10:30 p.m. without approval of three-fourths of the council members who are present and eligible to vote. A new time limit must be established before taking a council vote to extend the meeting. In the event that a meeting has not been closed or continued by council vote prior to 10:30 p.m., the items not acted on shall be deferred to the next regular council meeting as unfinished business, unless the council, by a majority vote of members present, determines otherwise. If a meeting runs over one and one-half hours, the council may call a 10-minute recess. Refer to RCW 42.30.090. (Ord. 1083, 2021; Ord. 559 (Exh. A), 1990)

2.06.090 Meetings – Conduct.

A. Items may be placed directly on the agenda at a regular meeting when the items are approved by the presiding officer or requested by a council member, and:

1. The items are routine in nature such as approval of vouchers, proclamations, acknowledgement or receipt of petitions or documents, or discussion of claims for damages; or

2. An emergency condition exists that represents a personnel hazard or risk or immediate financial loss. In such instances, the summary CAI required by miscellaneous agenda procedures should clearly define why the special procedure is necessary; or

3. In the event the sponsor of any item to come before the city council feels it both appropriate and beneficial to the city, he/she may bring such item directly to the regular meeting with concurrence of two council members for deliberation on the appropriateness of that item being placed on the agenda.

B. The presiding officer shall affix an approximate time limit for each agenda item at the time of approval of the agenda.

C. Speaking Procedures. Council member speaking procedures for agenda items under consideration shall be as follows:

1. A council member desiring to speak shall address the chair and upon recognition by the presiding officer shall confine himself/herself to the question under discussion;

2. Any member, while speaking, shall not be interrupted unless it is to call him/her to order;

3. No council member shall speak a second time upon the same motion before opportunity has been given each council member to speak on that motion.

D. Audience members addressing the council for items under council discussion shall proceed, in order, as follows:

1. A person designated by the presiding officer to introduce the subject under discussion;

2. Those whose request to be heard is contained in the written agenda;

3. Those who have submitted their request to be heard to the city clerk-treasurer before the meeting;

4. Those who ask recognition from the floor.

E. When addressing the council, each person shall raise their hand and after recognition, give their name and unless further time is given by the presiding officer, shall limit his/her address to five minutes. All remarks shall be made to the council as a body and not to any individual member.

F. No person shall be permitted to enter into any item discussion from the floor without first being recognized by the presiding officer.

G. Any person whose conduct is abusive or disruptive to the council meeting may be prohibited from further speaking and participation by the presiding officer, and may be removed from the council chambers unless permission to continue is granted by a majority vote of the council. See also subsection (N) of this section.

H. Spokesperson for Group of Persons. In order to expedite matters and to avoid repetitious presentations, delay or interruption of the orderly business of the council, whenever 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 case additional matters are to be presented by any other member of the group, to limit the number of such persons addressing the council. Any person whose conduct is abusive or disruptive to the council meeting may be prohibited from further speaking and participation by the presiding officer, and may be removed from the meeting.

I. After Motion. After a motion has been made or public hearing has been closed, no member of the public shall address the council from the audience on the matter under consideration without first securing permission to do so from the presiding officer or upon majority vote of the council members present.

J. Questions of Parliamentary Procedure. Questions of parliamentary procedure not covered by this chapter shall be governed by Robert’s Rules of Order, newly revised (latest edition). See also subsection (O) of this section.

K. Voting.

1. Silence of a council member during a voice vote shall be recorded as an affirmative vote except where such a council member abstains. Each member present must vote on all questions before the council and may abstain only after expressing his/her reasons for abstention into the record;

2. A roll call vote may be requested by the presiding officer or any member of the council;

3. A motion to reconsider any action by the city council may be made only on the day such action was taken, or at the next regular meeting of the city council. Such motion may be made only by one of the council members who voted with the prevailing side. Nothing in this subsection shall be construed to prevent any council member from making or remaking the same or any other motion at a subsequent meeting of the council.

L. Forms of Address. The mayor shall be addressed as “Mayor (surname)” or as “Your Honor.” Members of the council shall be addressed as “Council member (surname).”

M. Seating Arrangements. Council members shall occupy the respective seats in the council chambers assigned to them by the mayor.

N. Decorum.

1. Mayor and Council Members. While the council is in session, all members must preserve order, decency and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the council nor disturb any member while speaking or refuse to obey the order of the presiding officer. Members of the city council shall not leave their seats during a meeting without first obtaining permission of the presiding officer except in case of emergency. No member of the city council or mayor shall use any impertinent, degrading or slanderous language as to any other member of the council, mayor or member of the public. The members of the city council may punish their fellow member for disorderly conduct and upon written charges entered upon the journal thereof may, after trial, expel a member by a majority vote of all members present. Discussion by members of the council shall relate to the subject at hand and shall be relevant and pertinent thereto so as to provide for the expeditious disposition and resolution of the business before the body. For the purposes of this rule, the definition of members of the city council shall include the mayor. Refer to RCW 35.23.270, 42.30.030 and 42.30.050.

2. Employees. Members of the city staff and employees shall observe the same rules of order and decorum as are applicable to the city council, with the exception that members of the city staff may leave their seats during the meeting without first obtaining the permission of the presiding officer.

3. Members of the Public Addressing the City Council. Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the council, or who shall by conversation or otherwise delay, impede or interrupt the proceedings or the peace of the council, or disturb any member while speaking, or refuse to obey the orders of the council or its presiding officer, shall be forthwith, by the presiding officer, barred from further audience at that council meeting unless permission to continue is granted such person by a vote of the majority of the council.

4. Any person in the audience who engages in disorderly conduct including whistling, stamping of feet, use of profane language, yelling and similar acts or demonstrations, which conduct disturbs the orderly business and peace of the assembly, or who refuses to comply with the lawful orders of the presiding officer, shall be guilty of a misdemeanor. Upon instruction from the presiding officer, it shall be the duty of the chief of police or such member or members of the police department as may be present at such meeting to remove such person from the council chambers and to place him/her under arrest. The chief of police or members of the police department shall act as sergeant-at-arms of the city council and shall carry out all orders given by the presiding officer for the purpose of maintaining order, peace and decorum at the council meeting. Any council member may move to require the presiding officer to enforce the rules and the affirmative vote of a majority of the council shall require him/her to do so.

O. Rules of Order. Rules of order not specified by statute, ordinance, or resolution shall be governed by Robert’s Rules of Order, latest edition.

P. All items of business placed before the council that require the expenditure of council and/or administration resources shall be in the form of an affirmative motion.

Q. Permission Required to Address the Council. Persons other than council members and administration shall be permitted to address the council upon introduction by the presiding officer or the chair of the appropriate council committee.

R. Smoking Prohibited. Smoking by any person in the city council chambers during any legislative session of the city council is prohibited as per RCW 70.160.030 and 70.160.070.

S. Photographs, Motion Pictures and Videotapes Prohibited. Permission is required for artificial illumination. No photographs, motion pictures or videotapes that require the use of flashbulbs, electronic flashes, floodlights or similar artificial illumination shall be made at the city council meetings without the consent of the presiding officer or a majority of the council present. (Ord. 559, 1990)

2.06.100 Executive sessions.

Executive sessions of the council shall be held only after the mayor or presiding officer has stated the subject and reason that makes an executive session necessary, the specific paragraph in RCW 42.30.140 or other lawful exception that permits an executive session, public comments have been considered and the majority of the council members present have voted in favor of an executive session. The presiding officer will inform the audience as to the length of the executive session and the time that the council will reconvene. Refer to RCW 42.30.110. (Ord. 559, 1990)

2.06.110 Officers – Mayor.

A. The mayor, as the chief executive officer and head of the administrative branch of city government, or his/her designee, shall attend all meetings of the city council, unless excused by the council. The mayor shall be responsible to the council for the proper administration of all affairs of the city.

B. The mayor shall recommend for adoption by the council such measures as he/she may deem necessary or expedient; prepare and submit to the council fully advised as to the business of the city; and shall chair all meetings of the city council.

C. The mayor may take part in the council’s discussion on matters concerning the welfare of the city.

D. The mayor shall cause to be written job descriptions and performance evaluations for all city employees. Performance evaluations will be done on an annual basis.

E. In the event both the mayor and the city clerk-treasurer are unable to attend a council meeting, the mayor or city clerk-treasurer shall appoint a key staff member to attend the meeting as the representative of city administration.

F. The mayor’s responsibilities are further laid out in RCW 35A.12.100. (Ord. 559, 1990)

2.06.120 Officers – Presiding officer.

A. All regular and special meetings of the city council shall be presided over by the mayor, or in his/her absence, by the mayor pro tempore. If neither the mayor nor the mayor pro tempore are present at a meeting, the presiding officer for that meeting shall be elected by a majority of the vote of those council members present, provided there is a quorum.

B. In the absence of the clerk-treasurer, a deputy clerk-treasurer or other qualified person appointed by the clerk-treasurer, mayor or council may perform the duties of the clerk-treasurer at such meeting.

C. The appointment of a council member as mayor pro tempore or clerk-treasurer pro tempore shall not in any way abridge his/her right to vote on matters coming before the council at such meeting.

D. The function of the presiding officer is to facilitate the orderly flow of council business in accordance with the council procedures set forth in this chapter. The presiding officer shall preserve strict order and decorum at all meetings of the council. The presiding officer shall state all questions coming before the council, provide opportunity for discussion from the floor following topic discussion completion by council, and announce the decision of the council on all subjects. Procedural decisions made by the presiding officer on items not set forth in this chapter may be overruled by a majority of the council present.

E. Duties of the Presiding Officer. It shall be the duty of the presiding officer of the council meeting to:

1. Call the meeting to order;

2. Keep the meeting to its order of business;

3. State each motion and require a second to that motion before permitting discussion;

4. Handle each discussion in an orderly way:

a. Give each council member who wishes an opportunity to speak;

b. Permit audience participation at appropriate times;

c. Keep all speakers to the rules and to the questions;

d. Give pro and con speakers alternating opportunities to speak;

e. Put motions to a vote and announce the outcome;

f. Suggest but not make motions for adjournment;

g. Appoint committees when authorized to do so. (Ord. 971A § 2, 2012; Ord. 559, 1990)

2.06.130 Officers – Clerk-treasurer.

As per Chapter 2.16, the city clerk-treasurer shall:

A. Have the powers and duties provided by statute and ordinance, now existing or hereafter adopted, and shall be subject to the general supervision of the mayor of the city;

B. The duties of the city clerk-treasurer shall include, but are not limited to, attendance by the clerk-treasurer or a deputy at all meetings of the city council to record the proceedings and keep an accurate record thereof, to maintain custody of all official records and to provide for public inspection and copying, to attest to public instruments and official acts of the mayor, to keep the council fully advised of the financial condition of the city and to assist in the preparation of a proposed budget for the fiscal year, and to be responsible for its administration upon adoption. (Ord. 559, 1990)

2.06.140 Officers – Deputy clerk-treasurer.

One or more deputy clerk-treasurer positions may be created, which shall be filled by appointment by the mayor and approval of the city council as provided by Chapter 2.12. (Ord. 559, 1990)

2.06.150 Officers – Pro tempore appointments.

RCW 35A.12.065 states that: “Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their members as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the absence or temporary disability of the mayor; or in lieu thereof, the council may, as the need may arise, appoint any qualified person as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence or disability of a council member, the remaining members by majority vote may appoint a council member pro tempore to serve during the absence or disability.” (1967 e.x.s. c 119. 35A.12.065). (Ord. 559, 1990)

2.06.160 Creation of committees, boards and commissions.

The council may create committees, boards and commissions to assist in the conduct of the operation of the city government with such duties as the council may specify not inconsistent with this code and the Revised Code of Washington.

A. Membership and Selection. Membership and selection of members shall be as provided by the council if not specified by this code. Any committee, board or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the council. No committee so appointed shall have powers other than advisory to the council or to the mayor except as otherwise specified by the Revised Code of Washington or this code.

B. Removal of Members of Boards and Commissions. The council may remove any member of any board or commission which it has created by a vote of at least a majority of the council, except as referring to the design review board, planning advisory board and the civil service commission.

C. A list of all committees and appointees will be kept on permanent display for the public at Langley City Hall. (Ord. 559, 1990)

2.06.170 Legislative review committees.

The following optional legislative review committees are described. The council, at its discretion, may establish one or more of these committees for however long the council, by resolution, shall choose. Any such legislative review committee so established shall consist of at least two council members. The appropriate department head(s) or their designees will serve as advisor to the legislative review committee. The presiding officer shall appoint the membership of each established committee, after considering requests from the individual council members as to their preferred committee choices. The committee shall appoint one of their members as chairperson. Committees shall make a recommendation on proposed legislation within their area of responsibility before such legislation is voted on by the council. The committee chair, or designee, shall present the recommendation(s) of the committee during the discussion of the item of business. The chairperson of each committee shall set the schedule of the meetings, and shall announce and publish the schedule at the first regular city council meeting following the committee assignments each year. The legislative review committees, their scope of authority and the related city departments are:

A. Streets, Utilities, Transportation, City Buildings and Property, Parking and Grounds Maintenance Committee. To deliberate and make recommendations on legislative matters relating to water, sewer, cable television, transportation, planning, streets, sidewalks, and grounds in coordination with the city services department;

B. Public Safety Committee. To deliberate and make recommendations on legislative matters relating to crime and fire prevention, law enforcement, fire suppression, administration of justice, corrections, emergency services, consumer protection, animal and noise control, regulatory licensing and building and fire codes, in coordination with the police department, fire department and the judicial department;

C. Finance and Personnel Committee. To deliberate and make recommendations on legislative matters relating to financial management of the city and its agents, the personnel system, the annual budget, taxes and fees, financial audits, appropriations, debts, claims, data processing, human rights and administration of city funds;

D. Parks, Harbor and Dock, Recreation and Library Committee. To deliberate and make recommendations on legislative matters relating to parks and parklands, planning and implementation of recreation facilities and activities in coordination with the county and the community center committee;

E. Community Affairs Committee. To deliberate and make recommendations on legislative matters relating to the planning of the physical, economic, aesthetic, cultural and social development of the city. That would include, but not be limited to, the cemetery board, zoning code, building code, sign code and annexation policies in coordination with the planning board, design review board, the county, Island Arts Council, Chamber of Commerce and the South Whidbey School District.

The presiding officer may establish such ad hoc committees as may be appropriate to consider special matters that do not readily fit the committee structure or that require special approach or emphasis. The presiding officer shall appoint a council member to all ad hoc committees and any intergovernmental councils as the need arises. This is not to be construed as a limitation or infringement upon the executive powers of the mayor. The committees shall consider all matters referred to them. The committee chairperson shall report to the council the findings and/or the recommendations of the committee. (Ord. 869, 2006; Ord. 559, 1990)

2.06.180 Council relations with boards and commissions.

A. All statutory boards and commissions and council citizen advisory bodies shall provide the council with copies of minutes of all meetings.

B. Communications from such boards, commissions and bodies to the council shall be officially acknowledged by the council and receipt noted in the minutes. The procedure for acknowledging such receipt shall be as follows: Any member of the council may bring such communication to the presiding officer’s attention under the agenda item “Committee and Board Reports.”

C. The presiding officer shall make an appropriate notation in the minutes. Should any member of the council determine that any such communication be officially answered by the council, the presiding officer shall place the matter on the agenda under “New Business” for the current meeting or any subsequent meeting. There will be at least one joint meeting per year between the city council and planning advisory, design review, library, cemetery and any other advisory bodies. This meeting will be used to create a yearly work program and should be timed to happen before the budget process begins. (Ord. 559, 1990)

2.06.190 Conflict of interest – Appearance of fairness.

A. No member of the city council shall be beneficially interested, directly or indirectly, in any contract which may be made by, through or under the supervision or direction of the city council, in whole or in substantial part, and as otherwise provided for in Chapter 42.36 RCW.

B. In the event of any private interest by such council member, he/she shall be required to make the disclosures set forth in Chapter 42.36 RCW.

Upon disclosure of such private or personal interest, the council member so disqualified shall promptly leave his/her seat during the debate, discussion and/or vote on such matter and leave the council chambers until the total subject matter in which he/she has such personal or private interest has been disposed of. A council member stating such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

C. Notwithstanding the inapplicability of any law or regulation relating to conflicts of interest, each council member as to any matter pending before the legislative body or which ultimately may require a decision by said body, shall at all times be open-minded, objective and impartial and make no judgment thereon or engage in any partisan position until such time as all of the evidence pertaining to such matter has been properly submitted to the legislative body at a regular public meeting.

D. Failure to Vote. Every council member, unless disqualified by reason of a conflict of interest or as otherwise provided by law, shall cast his/her vote upon any matter put to vote by the legislative body. Any council member who abstains from voting without a valid reason for such abstention shall be deemed to cast his/her vote with the majority of any issue so voted upon. Tie votes shall be lost motions and may be reconsidered unless such tie is broken by the mayor’s vote if allowed pursuant to RCW 35A.12.100 through 35A.12.120.

E. Changing Vote. A member may change his/her vote only if he/she makes a timely request to do so immediately following the last vote cast by a council member so voting and prior to the time that the result of the vote has been announced by the presiding officer or city clerk-treasurer. A council member who publicly announces that he/she is abstaining from voting on a particular matter for specified reasons as set forth in this section shall not subsequently be allowed to withdraw any such abstention.

F. Reconsideration. A motion to reconsider any action taken by the city council may be made only on the day such action was taken, or at the next regular meeting of the city council. Such motion may be made only by one of the council members who voted with the prevailing side. Nothing in this section shall be construed to prevent any council member from making or remaking the same or any other motion at a subsequent meeting of the council. (Ord. 559, 1990)

2.06.200 Administrative interference.

A. Neither the council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the mayor or any of his/her subordinates.

B. Except for the purpose of inquiry, the council and its members shall deal with the administrative branch solely through the mayor. Neither the council nor any committee or member thereof shall give any orders to any subordinate of the mayor, either publicly or privately.

C. Nothing in this section shall be construed to prohibit the council, while in open session, from fully and freely discussing with the mayor, anything pertaining to appointments and removal of city officers and employees and city affairs. (Ord. 559, 1990)

2.06.210 Bidding procedures.

Refer to RCW 35.23.352. Refer to Municipal Research Memorandum No. 97 (Revised) – Bidding in Washington Cities and Towns and Information Bulletin No. 456, Bidding and Award Procedures and Sample Contract Documents for Public Works Construction. (Ord. 559, 1990)

2.06.220 Ordinances and resolutions.

A. Enacted Ordinances, Resolutions and Motions. An enacted ordinance is a legislative act prescribing general uniform and permanent rules of conduct relating to the corporate affairs of the municipality. Council action shall be taken by ordinance when required by law, or to prescribe permanent rules of conduct enforced by penalty.

An enacted resolution is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired.

An enacted motion is a form of action taken by the council to direct that a specific action be taken on behalf of the municipality. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law.

B. Legislative Process, Preparation, Introduction and Flow of Ordinances, Resolutions and Motions. Ordinances and resolutions shall be prepared, introduced and proceed in the manner prescribed by the council in its rules of conduct. To assist with the flow of ordinances and resolutions, the mayor pro tem, the city clerk, the city planning official, and the chair of the planning advisory board shall serve as policy process coordinators.

C. Availability of Ordinances and Resolutions Prior to Council Action. All proposed ordinances and resolutions shall be available to the council and to the public in written form five days before a regular council meeting. This requirement for written availability five days prior to the regular council meeting may be temporarily suspended by a majority vote of all members present. The title of each resolution shall in all cases be read prior to its passage; provided, should a council member request that the entire resolution or certain of its sections be read, such requests shall be granted. Printed copies shall be made available for review upon request to any person attending a council meeting.

D. Enacting Ordinances. The procedures for enacting ordinances are as follows:

1. All ordinances shall have two separate readings during regular council meetings. At each reading the title of an ordinance shall in all cases be read prior to its passage; provided, that should a council member request that the entire ordinance or certain of its sections be read, such requests shall be granted. Printed copies shall be made available for review upon request to any person attending a council meeting.

2. The provision requiring two separate readings of an ordinance may be temporarily suspended by a majority vote of all members present.

3. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost.

4. Any ordinance repealing any portion of this code shall also repeal the respective portions of the underlying ordinances.

5. Any ordinance amending any portion of this code shall also amend the respective portions of the underlying ordinances.

6. All ordinances shall be published in summary form as required by RCW 65.16.160.

7. All ordinances except an appropriation ordinance, an ordinance adopting or embodying an administrative or governmental code or an ordinance adopting a code of ordinances shall not relate to more than one subject, which shall be clearly stated in its title.

E. Dissents and Protests. Any council member shall have the right to express dissent from or protest against any ordinance or resolution of the council and have the reason therefor entered into the minutes. (Amended during 2013 reformat; Ord. 899, 2008; Ord. 710, 1996; Ord. 559, 1990)

2.06.230 Public hearings.

The procedures for a public hearing are as follows:

A. Prior to the start of the “comments from the public” portion of the public hearing, the presiding officer may require that all persons wishing to be heard shall sign in with the clerk-treasurer, giving their names and addresses, the agenda item, and whether they wish to speak as proponent, opponent or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing all persons who have signed in and wish to be heard shall be heard. However, the presiding officer shall be authorized to establish speaker time limits and otherwise control presentations to avoid repetition. In public hearings that are not of a quasi-judicial nature, the presiding officer, subject to concurrence of the majority of the council, may establish time limits and otherwise control presentation. The presiding officer may change the order of speakers so that testimony is heard in the most logical groupings (i.e., proponents, opponents, adjacent owners, vested interests, etc.).

B. The presiding officer introduces the agenda item, opens the public hearing and announces the following rules of order:

1. “Any individual making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. If there is any appeal to Island County superior court, the court must make its decision on the basis of what was said here.”

2. “Anyone making ‘out of order’ comments shall be subject to removal from the meeting.”

3. “These rules are intended to promote an orderly system of holding a public hearing and to give every person an opportunity to be heard.”

C. At the outset of each public hearing, the presiding officer or his designate will announce the legal standards and ask the parties to limit their presentation to information within the scope of the standards. After the body has heard all the evidence, there will be a motion. Following the decision, this body must make findings of fact and conclusions of reasons for its action. These findings may be drafted by administration or there may be a recess for the drafting of such items.

“Bearing in mind the legal standards I have just described, please limit your comments to information within the scope of these standards.”

D. The presiding officer calls upon city administration to describe the matter under consideration.

E. The presiding officer calls for proponents in quasi-judicial proceedings and for speakers in non-quasi-judicial proceedings.

F. The proponents or speakers now speak. (Note: If the city is the proponent, a member or members of the administration shall be designated to give proponent and rebuttal testimony.)

G. The presiding officer calls for additional proponents or speakers three times.

H. In non-quasi-judicial proceedings the presiding officer calls for opponents by announcing the following: “At this time, the opponents will have an opportunity to speak. Should any opponent have questions to ask of the proponents, ask the questions during your presentation. The proponents shall note the question asked, and answer such questions when the proponent speaks in rebuttal. The proponent shall be required to answer any reasonable question; provided, that the presiding officer reserves the right to rule any question out of order.”

I. Opponents speak.

J. The presiding officer calls for additional opponents three times.

K. The presiding officer calls for proponents to speak in rebuttal. A proponent speaking in rebuttal shall not introduce new material. If the proponent does, or is allowed to do so, the opponents shall also be allowed to rebut the new elements.

L. The presiding officer announces the following: “At this time, I will inquire of the administration as to whether there have been any misstatements of fact or whether the administration wishes to introduce any material as to subjects raised by the proponents or opponents or alter in any regard its initial recommendations.”

M. The presiding officer inquires as to whether any council members have any questions to ask the proponents, opponents, speakers or administration. If any council member has questions, the appropriate individual will be recalled to speak.

N. The presiding officer closes the public hearing.

O. The presiding officer inquires if there is a motion by any council members. If a motion is made, it shall be in the form of an affirmative motion. Following the motion and its second, discussion occurs among council members. The presiding officer may call on individual council members in the discussion.

P. The presiding officer inquires if there are any final comments or recommendations.

Q. The presiding officer inquires of the council members as to whether they are ready for the question.

R. The clerk shall conduct a roll call vote.

S. The presiding officer directs the city attorney to prepare findings consistent with the action. (Ord. 559, 1990)

2.06.240 Quasi-judicial hearings.

RCW 43.21C.060 (SEPA) provides that when a proposal not requiring a legislative decision is conditioned or denied by a nonelected official, that decision shall be appealable to the hearing examiner unless the legislative authority formally eliminates such appeals. The city has established an administrative appeal procedure in Section 16.04.150. SEPA, the DOE SEPA Rules, the city’s ordinances and pertinent case law will be utilized in connection with a quasi-judicial hearing. (Ord. 957 § 2, 2011; Ord. 559, 1990)

2.06.250 Reconsideration.

A. Any action of the council, including final action on applications for changes in land use status, but excluding a reconsideration of any action previously reconsidered, motions to adjourn, motions to suspend the rules, an affirmative vote to lay on the table or to take from the table, or a vote electing to office one who is present and does not decline shall be subject to a motion to reconsider.

B. Such motions can only be made by a member of the prevailing side on the original action. A motion to reconsider must be made no later than the next succeeding regular council meeting. A motion to reconsider is debatable only if the action being reconsidered is debatable. Upon passage of a motion to reconsider, the subject matter is returned to the table anew at the next regular council meeting for any action the council deems advisable. (Ord. 559, 1990)

2.06.260 Complaints and suggestions.

A. When citizen complaints or suggestions, not on the agenda, are brought before the city council, the presiding officer shall first determine whether the issue is legislative or administrative in nature and then:

1. If legislative, and a complaint about the letter or intent of legislative acts or suggestions for changes to such acts, and if the council finds such complaint suggests a change to an ordinance or resolution of the city, the council may refer the matter to a committee, appropriate department head or the council of the whole for study and recommendation.

2. If administrative and a complaint regarding administrative staff performance, administrative execution of legislative policy or administrative policy within the authority of the mayor, the presiding officer should then refer the complaint directly to the mayor for his/her review if said complaint has not been so reviewed. The city council may direct that the mayor brief or report to the council when his/her response is made.

B. Correspondence.

1. All letters received by the council and mayor that express concern or offer suggestions shall be answered. Written communications shall indicate when the letter was received and to what department the concerns or suggestions were referred to for response. Response by telephone to a communication will require a report to the council.

2. The city clerk-treasurer is authorized to open and examine all mail or other written communications addressed to the city council, unless same is addressed to the personal attention of any one member of the council, and to give it immediate attention to the end that all administrative business referred to in the communication, and which does not require legislative action, may be acted upon by the department or departments having jurisdiction thereover. Copies shall be referred to the mayor, who shall be responsible for taking appropriate action on any valid request or petition by and through the respective departments of the city. Such referrals and action by the mayor and city clerk-treasurer shall be brought to the attention, whenever applicable, of the city council, together with the proposed action; provided, however, that all matters requiring legislative action shall be placed on the agenda as set forth in this chapter.

C. Administrative Complaints Made Directly to Council Members. When administrative policy or administrative performance complaints are made directly to individual council members, the council member shall then refer the matter directly to the mayor for his/her view and/or action. The individual council member may request to be informed of the action or response made to the complaint. (Ord. 559, 1990)

2.06.270 Filling council vacancies.

If a vacancy occurs in the office of a council member, the council will follow the procedures outlined in RCW 35A.13.020. In order to fill the vacancy with the most qualified person available until the election is held, the council will widely distribute and publish a notice of the vacancy, the procedure and any application form for applying. The council may draw up an application form which contains relevant information to answer set questions posed by the council. The application forms will be used in conjunction with an interview of each candidate to aid the council’s selection of the new council member. See also RCW 35A.12.060, Forfeiture of Office. (Ord. 559, 1990)

2.06.280 Suspension of rules.

Members of the council reserve the right to suspend the rules of procedure. In order to do so, council members must have a majority plus one vote. (Ord. 559, 1990)