CHAPTER 5
MAYOR AND CITY COUNCIL
SECTION:
1-5-2: Mayor; Duties And Authority
1-5-3: Meeting Types; Times And Places; Nonattendance
1-5-4: Open And Public Meetings
1-5-6: Rules Of Procedure; Hearings; Ordinances
1-5-1 ELECTION; TERMS; OATH:
A. Election; Terms: Officers shall be elected at biennial municipal elections to be conducted as provided in Revised Code of Washington chapter 35A.29. The mayor and the council members shall be elected for four (4) year terms of office and until their successors are elected and qualified and assume office in accordance with Revised Code of Washington 29.04.170. At any first election upon reorganization, council members shall be elected as provided in Revised Code of Washington 35A.02.050. Thereafter the requisite number of council members shall be elected biennially as the terms of their predecessors expire and shall serve for terms of four (4) years. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt with as separate offices for all election purposes. Election to positions on the council shall be by majority vote from the city at large.
B. Qualifying For Office; Oath: The mayor and council members shall qualify by taking an oath or affirmation of office and as may be provided by law, or ordinance. (Ord. 709, 5-9-2005)
1-5-2 MAYOR; DUTIES AND AUTHORITY:
A. Executive And Administrative Officer: The mayor shall be the chief executive and administrative officer of the city, in charge of all departments and employees, with authority to designate assistants and department heads.
B. General Duties And Authority:
1. The mayor may appoint and remove a chief administrative officer or assistant administrative officer.
2. He shall see that all laws and ordinances are faithfully enforced and that law and order is maintained in the city, and shall have general supervision of the administration of city government and all city interests.
3. All official bonds and bonds of contractors with the city shall be submitted to the mayor or such person as he may designate for approval or disapproval.
4. He shall see that all contracts and agreements made with the city or for its use and benefit are faithfully kept and performed, and to this end he may cause any legal proceedings to be instituted and prosecuted in the name of the city, subject to approval by majority vote of all members of the council.
5. The mayor shall preside over all meetings of the city council, when present, but shall have a vote only in the case of a tie in the votes of the councilmen with respect to matters other than the passage of any ordinance, grant, or revocation of franchise or license, or any resolution for the payment of money.
6. He shall report to the council concerning the affairs of the city and its financial and other needs, and shall make recommendations for council consideration and action.
7. He shall prepare and submit to the council a proposed budget, as required by Revised Code of Washington chapter 35A.33.
8. The mayor shall have the power to veto ordinances passed by the council and submitted to him as provided in Revised Code of Washington 35A.12.130 but such veto may be overridden by the vote of a majority of all council members, plus one more vote.
9. The mayor shall be the official and ceremonial head of the city and shall represent the city on ceremonial occasions, except that when illness or other duties prevent the mayor’s attendance at an official function and no mayor pro tempore has been appointed by the council, a member of the council or some other suitable person may be designated by the mayor to represent the city on such occasion.
C. Disaster And Emergency Powers: The mayor shall be responsible for providing visible leadership to the community and policy direction to the police chief. In the event of an emergency or disaster or upon the proclamation of a state of extreme emergency by the Governor of the state, the mayor is hereby empowered:
1. To issue an executive order proclaiming an emergency, which order shall be in effect until such time that it is determined that the extraordinary measures detailed therein are no longer required for the protection of the public peace, safety and welfare;
2. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practical time by the city council;
3. To request, through established channels, the county executive to proclaim a local emergency when, in the opinion of the mayor, the resources of the area or region are inadequate to cope with the disaster;
4. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people and to bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use;
5. To control and direct the efforts of the emergency management organization of the city for the accomplishment of the purposes of this chapter;
6. To require emergency services of the city officers or employees and, in the event of the proclamation of a state of extreme emergency by the Governor of the state, to command the service and equipment of as many citizens of this city as may be deemed necessary in the execution of the mayor’s duties; and such persons to be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency workers;
7. To requisition necessary personnel or material of any city department or agency;
8. To execute all of the special powers conferred upon the mayor by this chapter, by any other statute, agreement or lawful authority, as necessary;
9. To take such other actions as deemed appropriate by the city council. (Ord. 711, 5-9-2005; Ord. 893, 7-8-2013; Ord. 905, 1-13-14)
1-5-3 MEETING TYPES; TIMES AND PLACES; NONATTENDANCE:
A. Regular Meetings:
1. The city council shall hold regular meetings on the second and fourth Monday of each month. Unless an emergency exists as set forth in Revised Code Of Washington 42.30.070, or as otherwise publicly announced, regular meetings of the city council shall commence at the hour of seven thirty o’clock (7:30) P.M. at Roy City Hall, 216 McNaught Street, Roy, Washington.
2. If a regular meeting falls on a legal holiday, the council shall meet on the next business day at the same hour.
3. A council member shall forfeit his/her office by failing to attend three (3) consecutive regular meetings of the council without being excused by the mayor. Upon such forfeiture, the council shall declare the forfeited member’s position vacant and shall initiate procedures for the election of a new council member to fill the vacancy.
B. Special Meetings: Special meetings may be called by the mayor or a majority of the council. The city clerk-treasurer shall provide written notice of any special meeting in accordance with Revised Code Of Washington 42.30.080. Unless otherwise provided by appropriate notice, special meetings shall be held at Roy City Hall.
C. Study Sessions: Immediately preceding each regular meeting at seven o’clock (7:00) P.M., the council may hold a study session for the purpose of providing the council with background information and briefing on items forthcoming on the meeting agenda or such other business that may arise before the council during the meeting. (Ord. 768, 4-10-2006)
D. Work Sessions: The council may hold work sessions for council member training and instruction, council task and project planning, and continued work on ongoing matters before the council. Work sessions shall be held at six thirty o’clock (6:30) P.M. on the second Monday of each month. If a scheduled work session falls on a legal holiday, council shall meet for the work session on the next business day at the same hour. If it is necessary to change the time of a work session, the change shall be posted at the entrance to Roy City Hall no later than four o’clock (4:00) P.M. on the preceding Friday. Work sessions shall be held at Roy City Hall, 216 McNaught Street, Roy, Washington. (Ord. 874, 8-27-2012)
E. Executive Sessions: The city council may hold an executive session at any time during a regular or special meeting to consider those certain matters as set forth in Revised Code Of Washington 42.30.110. (Ord. 768, 4-10-2006)
1-5-4 OPEN AND PUBLIC MEETINGS:
With the exception of executive sessions, all city council meetings shall be open and public, and all persons shall be permitted to attend any council meeting, except as otherwise provided in this chapter or as otherwise provided by law. (Ord. 749, 11-14-2005)
1-5-5 MEETING AGENDA:
All items to be included on the meeting agenda for council consideration must be submitted to the city clerk-treasurer in full by four thirty o’clock (4:30) P.M. on the Thursday before the meeting. The city clerk-treasurer shall prepare the meeting agenda, with attachments as necessary. The agenda shall be available to the mayor, council members, city attorney and department heads no later than four o’clock (4:00) P.M. the Friday before the meeting. A copy of the agenda and subsequent documents shall be available at city hall prior to the meeting. (Ord. 749, 11-14-2005)
1-5-6 RULES OF PROCEDURE; HEARINGS; ORDINANCES:
A. Presiding Officer: All regular and special meetings of the city council shall be presided over by the mayor, or the mayor pro tempore in the mayor’s absence. If neither the mayor nor the mayor pro tempore is present at a meeting, the presiding officer for that meeting shall be elected by a majority vote of those council members present, provided there is a quorum. The appointment of a council member as mayor pro tempore shall not in any way abridge his/her right to vote on matters coming before the council at such meeting. The presiding officer shall preserve order and decorum at all meetings of the council. The presiding officer shall state all questions coming before the council and shall provide opportunity for discussion on each item on the table. Procedural decisions made by the presiding officer may be overruled by a majority vote of the council.
B. Quorum: At all meetings of the city council, three (3) members shall constitute a quorum for the transaction of business.
C. Rules Of Meeting Procedure: Procedure for all council meetings shall follow and shall be governed by the currently approved "Robert’s Rules Of Order", unless otherwise provided by law or by the council upon a majority vote.
D. Citizens’ Request To Be Heard: Citizens desiring to speak or to address the council during a meeting may do so during a portion of the meeting agenda reserved for "citizens’ requests to be heard". Citizens wishing to speak shall complete a citizens’ request to be heard form prior to the start of the meeting. The form shall be provided and prescribed by the city, and available at the meeting or at the office of the city clerk-treasurer. Citizens will be allowed to speak for three (3) minutes, unless additional time is granted by the council upon a majority vote.
E. Public Hearings:
1. Public hearings may be held during council meetings as required by city, state or federal law, or as the council may direct. Examples of subjects requiring a public hearing include, but are not limited to:
Local improvement districts (LID)
Zoning
Budget
Revenue sharing grants
Annexation
Moratoria
Quasi-judicial decisions
2. A signup sheet for speakers at a public hearing will be available, and all citizens considering speaking will be asked to write their name and address legibly. If speaking without signing up, they will be asked to sign in after speaking. A citizen may speak for five (5) minutes at a public hearing, unless additional time is granted by the council upon a majority vote. No one may speak for a second time until everyone wishing to speak has had an opportunity to speak. After a speaker has used the allotted time, council may ask questions of the speaker and the speaker may respond, but may not engage in further debate. Speakers should address their comments to the city council and should not address other audience members. Disparaging remarks or remarks directed to opponents will not be allowed. Upon hearing from all speakers, the public hearing will be closed by the presiding officer and open for discussion by council members only.
F. Motions And Voting: Motions brought before council shall require a second prior to discussion by council members. Council member silence during a voice vote shall be recorded as an affirmative vote, except when the council member abstains. Each member present must vote on all questions before the council and may abstain only by reason of conflict of interest. A roll call vote may be requested by the presiding officer or any member of the council. The mayor shall be permitted to vote only in the event of a tie vote among the voting council members1.
G. Ordinances And Resolutions: Ordinances and resolutions may only be introduced by the mayor or a council member. Unless waived by the council after a majority vote, or as otherwise provided by law, an ordinance shall require two (2) readings prior to passage, to take place at consecutive regular meetings. Ordinances shall otherwise conform to RCW 35A.12.130. Ordinances and resolutions may be adopted and signed only at council meetings, and shall require a majority vote for passage. No ordinance shall take effect until five (5) days after its publication date, unless otherwise provided by law, except that a public emergency ordinance necessary to protect public peace, health, safety, or property may be made effective upon adoption, if passed by four (4) council members. (Ord. 749, 11-14-2005; Ord. 884, 1-14-2013)
1-5-7 MINUTES OF MEETINGS:
The city clerk-treasurer shall record the minutes of all regular and special council meetings, except executive sessions. Meeting minutes shall be available at the office of the city clerk-treasurer and open to public inspection. (Ord. 749, 11-14-2005)
See also subsection 1-5-2B5 of this chapter.