Chapter 1.28
RULES OF PROCEDURE – PIERCE COUNTY COUNCIL Revised 12/17 Revised 1/19

Sections:

1.28.010    Purpose. Revised 1/19

1.28.015    Definitions. Revised 1/19

1.28.020    Organization of the Council. Revised 1/19

1.28.040    Meetings of the Council. Revised 1/19

1.28.045    Sponsorship – Order of Names. Revised 1/19

1.28.050    Council Meetings and Agenda. Revised 1/19

1.28.055    Decorum in Council Meetings. Revised 1/19

1.28.060    Quorum and Voting. Revised 1/19

1.28.070    Legal Signatures. Revised 1/19

1.28.075    Fiscal Analysis Required. Revised 1/19

1.28.080    Procedure for Adoption/Termination of Resolutions. Revised 1/19

1.28.090    Procedure for Adoption/Termination of Ordinances. Revised 1/19

1.28.095    Withdrawal of Appointment Resolution. Revised 1/19

1.28.100    Procedure for Removal of Proposals from Standing or Select Committees. Revised 1/19

1.28.105    Consent Agenda. Revised 1/19

1.28.110    Publication of Ordinances. Revised 1/19

1.28.120    Format of Ordinances. Revised 1/19

1.28.130    Format of Resolutions. Revised 1/19

1.28.140    Public Records of Council, Standing, and Select Committee Meetings. Revised 1/19

1.28.150    Copies of Verbatim Records. Revised 1/19

1.28.160    Records Located in Council Office – Access Procedures. Revised 1/19

1.28.175    Procedure for Confirmation of Chief Officers of Executive Departments. Revised 1/19

1.28.180    Procedure for Appointments to Vacant Council Positions, and Other Vacant Elected Positions. Revised 12/17 Revised 1/19

1.28.190    Severability. Revised 1/19

1.28.200    Rule of Construction. Revised 1/19

1.28.010 Purpose. Revised 1/19

The purpose of this Chapter is to give effect to Section 2.35 of the Pierce County Charter, "Rules of Procedure," and to facilitate productive and orderly discussion and decision-making by Councilmembers. This Chapter sets forth the rules of procedure governing the time, place and conduct of the Council's meetings and hearings and the introduction, publication, consideration, and adoption of Ordinances and Resolutions. (Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 98-3S2 § 1 (part), 1998; Ord. 96-135 § 2 (part), 1996)

1.28.015 Definitions. Revised 1/19

A.    "Time of introduction" or "introduction" means the date on which an ordinance or resolution first appears on the Council meeting agenda.

B.    "Publication" means dissemination to the public of the notice of public hearing or the notice of adoption of an ordinance.

(Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2003-96s § 1 (part), 2003)

1.28.020 Organization of the Council. Revised 1/19

A.    The Officers of the Council shall be the Chair, the Vice Chair, and the Executive Pro Tempore. These officers shall serve at the pleasure of the Council from the time of their election until the annual election of officers occurring in the following year. The Council shall hold its annual election of officers during its regularly scheduled Council meeting no later than the third Tuesday in January of each year. The annual election of officers shall be for the positions of Chair, Vice Chair, and Executive Pro Tempore, and shall occur under Section X of the Agenda, Other Business/Announcements.

B.    In the temporary absence of the Chair, the Vice Chair shall assume the duties and responsibilities of the Chair. In the event the Chair and Vice Chair are both absent, the Executive Pro Tempore shall assume the duties and responsibilities of the Chair. In the event the Chair, Vice Chair, and Executive Pro Tempore are absent, the most senior Councilmember in years of Council service shall assume the duties and responsibilities of the Chair. In the event that any officer is unable to serve the remainder of his or her term, an election will be held to fill the vacant position. The elected officers shall serve for a period of one year unless removed by a majority of the Council at a regularly scheduled Council meeting.

(Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2007-57 § 1, 2007; Ord. 2001-16s § 1 (part), 2001; Ord. 99-126S § 1 (part), 1999; Ord. 98-3S2 § 1 (part), 1998; Ord. 96-135 § 2 (part), 1996)

1.28.040 Meetings of the Council. Revised 1/19

A.    The County Council shall conduct regularly scheduled meetings at 3:00 p.m. on Tuesday of every week in the County Council Chambers in the County-City Building, unless otherwise ordered by the Council. In addition to, or in place of, the above regularly scheduled meetings, the Council shall conduct at least one evening meeting per year in each Council District, with the specific time, place, and date to be set by adoption of a Resolution by the Council, and announced in compliance with normal meeting notice procedures.

B.    Special Meetings of the Council shall be called pursuant to RCW 42.30.080.

C.    Meetings of the Council may be adjourned or continued to a date and time certain by the Chair, with the concurrence of a majority of the Council.

D.    If a meeting of the Council lacks a quorum, the Chair may adjourn or continue that meeting to a date certain.

E.    The Council shall conduct its business according to Robert's Rules of Order, Newly Revised 11th Edition, except when said Rules conflict with law or Council Resolutions or Ordinances, then the law, Resolutions, or Ordinances shall prevail.

F.    If for any reason a meeting of the Council is canceled, all Agenda items shall be continued to the next regular meeting of the Council.

G.    Motions must be seconded before being considered by the Council.

(Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2001-16s § 1 (part), 2001; Ord. 99-126S § 1 (part), 1999; Ord. 98-3S2 § 1 (part), 1998; Ord. 96-135 § 2 (part), 1996)

1.28.045 Sponsorship – Order of Names. Revised 1/19

A.    The member requesting a proposal shall be listed first. The remaining sponsors will be listed alphabetically.

B.    The member whose district is represented by an appointee in a district-specific board or commission position shall be listed first. If more than one district is represented by appointees, the members whose districts are represented will be listed alphabetically.

C.    The member or members representing a geographical area that is the subject of or affected by a proposal shall be listed first, alphabetically if more than one.

D.    The Chair shall be listed first on budget proposals unless he/she declines.

E.    If rules A. through D. (subsections A. through D. of this Section) above do not apply, the member who chairs the Committee to which the proposal is referred will be listed first.

F.    Members wishing to sponsor after rules A. through E. (subsections A. through E. of this Section) above have been applied shall be listed alphabetically.

(Ord. 2018-94s § 1 (part), 2018)

1.28.050 Council Meetings and Agenda. Revised 1/19

A.    The order and wording of the agenda for Council meetings shall be as follows:

I.    CALL TO ORDER

II.    ROLL CALL

III.    PLEDGE OF ALLEGIANCE TO THE FLAG

IV.    APPROVAL OF AGENDA

V.    CONSENT AGENDA (No final action on any Ordinance will be taken under this Section)

a.    Approval of Minutes

b.    Action on Ordinances (refer, set date of hearing)

c.    Action on Resolutions

d.    Action on Grant Applications/Awards

e.    Approval of Final Settlements and/or Appeals

f.    Other Items

VI.    MESSAGES FROM EXECUTIVE/JUDGES/PROSECUTING ATTORNEY

VII.    PROCLAMATIONS, AWARDS, AND/OR APPOINTMENTS TO BOARDS AND COMMISSIONS

VIII.    ORDINANCES

IX.    RESOLUTIONS

X.    OTHER BUSINESS/ANNOUNCEMENTS

XI.    CITIZENS' FORUM

XII.    ADJOURNMENT

B.    Cablecasting. All Council meetings and all standing and select committee meetings shall be cablecast from gavel to gavel.

C.    Public Participation in Council Meetings.

1.    Ordinances and Resolutions. Anyone may address any ordinance or resolution on the agenda for final consideration. Public comment on any other items on the agenda shall be at the discretion of the Council. To insure equal opportunity for the public to comment, the Council may impose a time limit on each speaker. All comments must be directed to the Chair.

2.    Citizens' Forum.

a.    Purpose. The purpose of Section XI, Citizen's Forum, is to afford members of the public an opportunity to address the Council on issues of significance to or affecting Pierce County government and that do not appear otherwise on that particular meeting agenda.

b.    Rules for Public Participation.

(1)    Three minute time limit, unless changed by the Council.

(2)    All comments must be directed to the Chair.

(3)    No person shall disrupt the orderly conduct of any Council meeting.

(4)    Speakers who fail to comply with the Council's rules governing public participation in Council meetings (subsection C. of this Section) shall be subject to forfeiture of his or her opportunity to speak to the Council and/or removal from the Council Chambers or other meeting room at the discretion of the Chair.

c.    Councilmembers shall not engage in dialogue or debate during Citizens' Forum without approval of a majority of the Council.

3.    The Council adopts and incorporates herein by reference the provisions of RCW 42.17A.555 regarding the use of its facilities for campaigns or ballot propositions.

4.    Audio Equipment is available for the Hearing Impaired. Please contact the Receptionist.

5.    The language of this subsection shall be shown at the bottom of the first page of each agenda of the County Council meetings.

D.    The Council agenda and meeting schedule shall be set and approved by the Rules and Operations Committee. The Clerk of the Council shall place on a draft agenda for approval by the Rules and Operations Committee any proposal if it has been sponsored by one or more Councilmembers.

E.    The Council Meeting Agenda is to be delivered to the Executive by noon on the Friday prior to the meeting for which it is prepared.

F.    Items may be added to amend an agenda approved by the Rules and Operations Committee only to refer an Ordinance or Resolution to committee, to set or revise a date of public hearing, to correct clerical errors, to consider emergency Ordinances, emergency or appointment Resolutions, Proclamations and/or Awards, to authorize grant applications/awards, to approve final settlements and/or appeals, or to consider motions that are not final action on any ordinance.

G.    The order of items of business may be changed at any Council meeting by a majority vote of the Council.

(Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2012-77s § 1 (part), 2012; Ord. 2005-56 § 1, 2005; Ord. 2005-24 § 1, 2005; Ord. 2003-96s § 1 (part), 2003; Ord. 2001-16s § 1 (part), 2001; Ord. 99-126S § 1 (part), 1999; Ord. 98-3S2 § 1 (part), 1998; Ord. 96-135 § 2 (part), 1996)

1.28.055 Decorum in Council Meetings. Revised 1/19

A.    All members of the Council shall adhere to Robert’s Rules of Order, Newly Revised, 11th Edition, in discussion and debate.

B.    Breaches of Order by Members. Breaches of order by any member during a meeting may result in any or all of the following actions:

1.    Warning by the Chair.

2.    Point of Order/Call to Order.

3.    Naming the offender.

4.    Penalty (by affirmative vote of a majority of the remaining members).

(Ord. 2018-94s § 1 (part), 2018)

1.28.060 Quorum and Voting. Revised 1/19

A.    Four members of the County Council shall constitute a quorum at all Council meetings, and no proxy votes will be allowed. For Quasi-Judicial hearings, see Chapter 1.24 PCC.

B.    Final Council action on Ordinances and Resolutions shall require at least a majority vote of the entire Council except as otherwise provided by the Charter or Rules.

C.    Councilmembers may request to be excused from a meeting pursuant to Charter Section 4.70(1)(e), for bona fide reasons, by requesting the same of the Chair. The Chair may excuse the absence during roll call unless an opposing motion from the Council is passed.

D.    If a meeting of the Council lacks a quorum, the Chair may adjourn or continue that meeting to a date certain.

E.    All final votes of the Council on Ordinances or Resolutions shall be recorded by a roll call vote.

(Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2010-113 § 1 (part), 2011; Ord. 2001-16s § 1 (part), 2001; Ord. 98-3S2 § 1 (part), 1998; Ord. 96-135 § 2 (part), 1996)

1.28.070 Legal Signatures. Revised 1/19

All official documents of the Council shall be signed by the Chair, or in the absence of the Chair, the Acting Chair, and attested to by the Clerk of the Council or Acting Clerk of the Council. (Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 99-126S § 1 (part), 1999; Ord. 96-135 § 2 (part), 1996)

1.28.075 Fiscal Analysis Required. Revised 1/19

Every proposed ordinance and resolution submitted to the Council for consideration shall include a "fiscal note." "Fiscal note" means a written statement of the projected fiscal impact on Pierce County of an ordinance or resolution. The fiscal note shall state whether the ordinance or resolution is projected to increase or decrease Pierce County government revenues or expenditures. Fiscal notes shall indicate by fiscal year the total impact on Pierce County for the first two years the legislation would be in effect and shall also include a cumulative six-year forecast of the fiscal impact. Fiscal notes shall separately identify the fiscal impacts on the operating and capital budgets. (Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2001-16s § 1 (part), 2001)

1.28.080 Procedure for Adoption/Termination of Resolutions. Revised 1/19

A.    Resolutions may be sponsored for introduction by a Councilmember(s) or the full Council.

B.    Typical matters which may be adopted by Resolution are set forth as follows:

1.    Confirmation or rejection of appointments to Boards and Commissions by the Executive. This action must occur within 30 days of the date the appointing Resolution is received by the Council. (See PCC 1.28.095.)

2.    Declarations of policy which do not have the force of law.

3.    Requests for information from other agencies or departments.

4.    Proclamations.

5.    The Council's decision on a quasi-judicial matter or hearing.

6.    Any other matter which may be accomplished by Resolution and which is not in conflict with the Charter.

C.    No amendment to any resolution shall be allowed which shall change the scope and object of the resolution.

D.    If the Council or Committee has not taken formal action on a proposed Resolution within two years from the date of referral to Committee, it shall be deemed "terminated" and removed from consideration by the Council or any Council Committee. The Clerk of the Council shall notify all appropriate individuals that the proposal has terminated. The terminated Resolution, along with any exhibits and supporting documentation thereto, shall be retained and filed in the Council Office for a period of two years following the termination. Proposed Resolutions that are terminated due to this two-year termination rule may be reintroduced under a new number.

(Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2010-113 § 1 (part), 2011; Ord. 2003-96s § 1 (part), 2003; Ord. 2001-16s § 1 (part), 2001; Ord. 99-126S § 1 (part), 1999; Ord. 98-3S2 § 1 (part), 1998; Ord. 96-135 § 2 (part), 1996)

1.28.090 Procedure for Adoption/Termination of Ordinances. Revised 1/19

A.    Ordinances must be sponsored for introduction by a Councilmember(s) or the full Council.

B.    Ordinances brought before the Council are subject to a motion for one or more of the following procedures:

1.    Referral to a Standing or Select Committee which may report back with a recommendation to the Council.

2.    Setting a date of hearing for final consideration.

3.    No referral to Standing or Select Committee.

4.    Re-referral of the proposed Ordinance to Standing or Select Committee for further consideration with:

a.    A definite date set for the Standing or Select Committee Report to be submitted to the full Council, or

b.    No date set for the Standing or Select Committee Report to be submitted to the full Council.

5.    Amendment or substitution of the Ordinance.

6.    Continue to a Date Certain.

7.    Postpone Indefinitely.

8.    Do Not Pass.

9.    Do Pass.

C.    Passage of emergency Ordinances shall occur pursuant to Charter Section 2.50.

D.    No amendment to any ordinance shall be allowed which shall change the scope and object of the ordinance.

E.    If the Council or Committee has not taken formal action on a proposed Ordinance within two years from the date of referral to Committee, it shall be deemed "terminated" and removed from consideration by the Council or any Council Committee. The Clerk of the Council shall notify all appropriate individuals that the proposal has terminated.

    The terminated Ordinance, along with any exhibits and supporting documentation thereto, shall be retained and filed in the Council Office for a period of two years following termination. Proposed Ordinances that are terminated due to this two-year termination rule may be reintroduced under a new number.

(Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2003-96s § 1 (part), 2003; Ord. 2001-16s § 1 (part), 2001; Ord. 99-126S § 1 (part), 1999; Ord. 98-3S2 § 1 (part), 1998; Ord. 96-135 § 2 (part), 1996)

1.28.095 Withdrawal of Appointment Resolution. Revised 1/19

In the event that the Executive desires to withdraw an appointment to any Board or Commission prior to consideration by the Council, a written request from the Executive to withdraw the appointee's name shall be presented to the Council. The Council may vote to allow withdrawal of the appointment resolution, or the Council may proceed with a vote to confirm or reject the appointment pursuant to Section 3.30 of the Pierce County Charter.

A vote to allow withdrawal shall be dispositive of the appointment and no further action is necessary at that time.

(Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2001-16s § 1 (part), 2001; Ord. 98-3S2 § 1 (part), 1998)

1.28.100 Procedure for Removal of Proposals from Standing or Select Committees. Revised 1/19

A proposal may be removed from a Standing or Select Committee by motion on a Council Consent Agenda or, if the motion is moved to Section X for discussion, by a majority vote of the Council. (Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2001-16s § 1 (part), 2001; Ord. 99-126S § 1 (part), 1999; Ord. 98-3S2 § 1 (part), 1998; Ord. 96-135 § 2 (part), 1996)

1.28.105 Consent Agenda. Revised 1/19

The Rules and Operations Committee will establish the consent agenda as Item V of the Council's regular agenda. Measures appearing and remaining on a consent agenda shall be non-controversial in nature and have the unanimous consent of Councilmembers voting on the measure(s).

Prior to a roll call vote on the Consent agenda, Councilmembers shall be given an opportunity to request that an item be removed from the Consent agenda. If an item is removed from the Consent agenda, it shall be placed on the regular agenda for Council consideration. Immediately following the removal of an item from the Consent agenda, the Clerk shall announce the Section and Item number where the removed item will now appear on the regular agenda. The Council will act on the removed item as allowed by these Rules of Procedure.

The vote on a Consent Agenda shall be by roll call vote, and approval requires a unanimous vote of the Council. (Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2001-16s § 1 (part), 2001; Ord. 99-126S § 1 (part), 1999; Ord. 98-3S2 § 1 (part), 1998)

1.28.110 Publication of Ordinances. Revised 1/19

A.    Publication of the notice of public hearing of an Ordinance shall be in the County official newspaper and may be published in additional newspapers if required by state law or at the request of a majority of the Council, or the Chair. The publication may, at the discretion of the Clerk of the Council, include a summary of the Ordinance, unless the Council or law specifically designates that the full text of the Ordinance will be published. The notice shall specify the places where copies of the Ordinances are available for inspection, and the date, time, and location of the meeting at which the Ordinance will be considered for final consideration.

B.    Whenever the County is required by law to publish legal notices containing the full text of any proposed or adopted Ordinance in a newspaper, the County may publish a summary of the Ordinance as provided in RCW 65.16.160.

C.    A summary of an Ordinance for publication shall include the following:

1.    The name of the County.

2.    Formal identification or citation number of the Ordinance.

3.    Title of the Ordinance.

4.    Any other information which the Clerk determines is necessary to provide a complete summary.

5.    A statement that copies of the Ordinance are available upon request for a charge as set by Ordinance, the place where the copies are filed, the times they are available for inspection, the date and location of the hearing on the proposed Ordinance, or when the Ordinance becomes effective.

D.    Publication as set forth above shall occur both after the time of introduction and after final adoption by the Council. Final adoption by the Council shall occur no sooner than six calendar days after the first publication following introduction, except as provided in the Charter for emergency ordinances.

E.    Notwithstanding subsection B. above, whenever any publication is made under this Section and the proposed or adopted Ordinance contains provisions regarding taxation or penalties or contains legal descriptions of real property, the sections containing these provisions shall be published in full. (See RCW 65.16.160(2).)

F.    An inadvertent mistake or omission in publishing the text or a summary of the content of a proposed ordinance or resolution shall not render the ordinance or resolution invalid if it is adopted.

(Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2003-96s § 1 (part), 2003; Ord. 2001-16s § 1 (part), 2001; Ord. 99-126S § 1 (part), 1999; Ord. 98-3S2 § 1 (part), 1998; Ord. 96-135 § 2 (part), 1996)

1.28.120 Format of Ordinances. Revised 1/19

Ordinances shall be in a format determined by the Clerk of the Council and so numbered as to include the year of introduction and the order received by the Clerk of the Council in any year (e.g., 2002-1). No Ordinance shall contain more than one subject, which shall be clearly expressed in the title. The name of the Councilmember or Members sponsoring the Ordinance and the requesting department, agency, or person shall be shown on the face of the Ordinance. No Ordinance shall be amended unless the amending Ordinance sets forth each amended Section or subsection in full, and a listing of each Section contained in the Ordinance. The format shall be for language being deleted to be shown in a strike-through format (delete); new language shall be shaded (new); and previous language which is not being amended shall be shown as is, without strike-through or shading. The signature page shall contain at least the last Section of the Ordinance. (Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2010-113 § 1 (part), 2011; Ord. 2003-96s § 1 (part), 2003; Ord. 2001-16s § 1 (part), 2001; Ord. 99-126S § 1 (part), 1999; Ord. 96-135 § 2 (part), 1996)

1.28.130 Format of Resolutions. Revised 1/19

Resolutions shall be in a format determined by the Clerk of the Council, and shall be numbered with an "R" preceding the year of introduction and the order received by the Clerk of the Council in each year (e.g., R2002-1). The name of the Councilmember(s) sponsoring the Resolution and the requesting department, agency, or person shall be shown on the face of the Resolution. The signature page shall contain at least the last Section of the Resolution.

Quasi-Judicial Resolutions shall be in a format determined by the Legal Clerk of the Council, and shall be numbered with an "RQJ" preceding the year of introduction and the order prepared by the Legal Clerk of the Council in each year (e.g., RQJ2002-1).

Joint Resolutions shall be in a format determined by the Legal Clerk of the Council and shall be numbered with a "JR" preceding the year of introduction and the order prepared by the Legal Clerk in each year (e.g., JR2016-1). (Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2003-96s § 1 (part), 2003; Ord. 2001-16S § 1 (part), 2001; Ord. 99-126S § 1 (part), 1999; Ord. 98-3S2 § 1 (part), 1998; Ord. 96-135 § 2 (part), 1996)

1.28.140 Public Records of Council, Standing, and Select Committee Meetings. Revised 1/19

A verbatim record shall be kept of each public meeting of the Council, Standing Committees, and Select Committees, by either electronic or mechanical means, for the period of time as provided by State law. Copies of the agenda and the minutes of regular and special Council meetings, Standing Committee meetings, and Select Committee meetings shall also be kept for the same period of time. The Chair shall have the authority to determine whether it is appropriate to record certain hearings by mechanical means (court reporter). (Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 96-135 § 2 (part), 1996)

1.28.150 Copies of Verbatim Records. Revised 1/19

Any person may purchase a copy of a digital, video or audio recording of any proceeding of the County Council by paying the appropriate fee. No fee will be charged for listening to recordings of meetings. (Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2010-113 § 1 (part), 2011; Ord. 2003-96s § 1 (part), 2003; Ord. 96-135 § 2 (part), 1996)

1.28.160 Records Located in Council Office – Access Procedures. Revised 1/19

Copies of the County Code, proposed and enacted Ordinances, Resolutions, budgets, budget messages and supporting tables which are located in the Council Offices may be inspected and/or obtained by submitting a verbal or written request to the Clerk of the Council or designee. (Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2001-16s § 1 (part), 2001; Ord. 96-135 § 2 (part), 1996)

1.28.175 Procedure for Confirmation of Chief Officers of Executive Departments. Revised 1/19

Every appointment by the Executive of a chief officer of an executive department pursuant to Section 3.30 of the Charter shall be in the form of a resolution and shall be reviewed by the appropriate Council Standing Committee.

The Standing Committee shall require each appointee referred to it for consideration to complete a standard questionnaire, the same or substantially the same as that attached as Appendix A to this Chapter, to be used to ascertain the appointee's general background and qualifications. The committee may also require the appointee to complete a supplemental questionnaire related specifically to the qualifications for the position to which he or she has been appointed.

Any hearing on such Executive appointment shall be in a meeting open to the public. The appointee may be required to appear before the committee on request. When appearing, the appointee may be required to testify under oath or affirmation. (See Section 2.25 of the Charter.) (Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2007-89s § 1, 2007)

1.28.180 Procedure for Appointments to Vacant Council Positions, and Other Vacant Elected Positions. Revised 12/17 Revised 1/19

A.    When a vacancy occurs on the Pierce County Council, as defined in Section 4.70(1) of the Pierce County Charter, and the County Central Committee of the appropriate party as designated in Section 4.70(2) of the Pierce County Charter has submitted a list of three names to the Council, the Council shall interview each of the three people on the list in a Regular or Special Meeting open to the public. Discussion of the qualifications of the three candidates may be held by the Council in Executive Session. Following the Executive Session, the Chair of the Council shall reconvene the Special Meeting and a Resolution shall be introduced for adoption by a majority of the Council appointing the new Councilmember.

B.    When a vacancy occurs in a nonpartisan, nonjudicial elective office, the Council shall advertise for that position in a newspaper of general circulation, in the official County newspaper, and on the County's web page. The appointment process shall commence upon the announced deadline for submitting applications.

An Ad Hoc Committee will be appointed by the Rules and Operations Committee to review all applications received. The Ad Hoc Committee shall select no more than five names of qualified candidates for each vacancy. The selected names shall be submitted to the Council. The Council shall interview each of the candidates in a Regular or Special meeting open to the public. Discussion of the qualifications of the three candidates may be held by the Council in Executive Session. The appointment shall be made by adoption of a Resolution by a majority of the Council in a public meeting.

C.    Within 60 days of the occurrence of any vacancy in Pierce County District Court, the County Council will place an announcement of the vacancy(ies) on the Tacoma-Pierce County Bar Association, the Washington State Bar Association, the News Tribune, and Pierce County websites.

Individuals who are interested in applying for the position will be required to complete a Pierce County Employment Application. A brief resume may be submitted with the Application, along with no more than three references. Application forms can be obtained on the County's website.

The Clerk of the Council (Clerk) shall submit a copy of all applications to the Tacoma-Pierce County Bar Association's Judicial Qualifications Committee (JQC) for its review and rating by an announced deadline. Concurrent with the JQC's review, and under the same timeline, the Chair of the Council will request, through the County Executive, that the Sheriff conduct a background check on all applicants.

The Clerk will forward a copy of each application packet, including the JQC's ratings, to an Ad Hoc Committee for review. The Ad Hoc Committee will consist of:

•    President of the Tacoma-Pierce County Bar Association;

•    Presiding Judge of Pierce County District Court;

•    President of the Minority Bar Association of Pierce County;

•    Pierce County Prosecuting Attorney or designee;

•    At-Large Community Member selected by the Council's Rules and Operations Committee; and

•    Legal Analyst to the Pierce County Council.

It is the responsibility of the Ad Hoc Committee to review all applications received, and submit a list of all candidates to the Council grouped in at least two tiers, from highest to lowest recommended priority, and listed in alphabetical order within each tier.

The Ad Hoc Committee, the JQC and the Sheriff will forward their information to the Clerk for distribution to Councilmembers. The Council will conduct interviews in a meeting open to the public, and may convene in Executive Session to discuss the qualifications of the candidates. The Appointment shall be made by adoption of a Resolution of the Council in a public meeting, following all applicable rules and requirements.

Questions about this procedure may be directed to the Council's Administrator or the Legal Clerk at 253-798-7777.

(Ord. 2018-94s § 1 (part), 2018; Ord. 2017-82 § 1, 2017; Ord. 2016-17s § 1 (part), 2016; Ord. 2012-77s § 1 (part), 2012; Ord. 2003-96s § 1 (part), 2003; Ord. 2001-16s § 1 (part), 2001; Ord. 98-3S2 § 1 (part), 1998; Ord. 96-135 § 2 (part), 1996)

1.28.190 Severability. Revised 1/19

If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of these Rules or the application of the provisions to other persons or circumstances is not affected. (Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 2001-16s § 1 (part), 2001; Ord. 96-135 § 2 (part), 1996)

1.28.200 Rule of Construction. Revised 1/19

Every effort will be made to construe all Resolutions and Ordinances of the Council to be consistent and not in conflict; however, if Resolutions or Ordinances are in conflict with prior actions of the Council or Commissioner form of government, the most recent Resolution or Ordinance shall control. (Ord. 2018-94s § 1 (part), 2018; Ord. 2016-17s § 1 (part), 2016; Ord. 96-135 § 2 (part), 1996)

Appendix A to Chapter 1.28

(Ord. 2016-17s § 1 (part), 2016; Ord. 2007-89s § 1, 2007)