HomeMy WebLinkAbout21-062 Amending the City Council Rules of Procedure Resolution 21-062
RESOLUTION NO. 21-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, AMENDING CITY COUNCIL RULES OF PROCEDURE
WHEREAS, the City Council Rules Committee has worked over the last couple of
months to complete a thorough review of Council; and
WHEREAS, the Committee has completed its work and recommended to the City
Council the attached amendments to the Council Rules of Procedure as a complete package; and
WHEREAS, the Committee will sunset should the Council approve this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Townsend as follows the City Council Rules of Procedures is amended as set forth in Exhibit A.
ADOPTED by the City Council of the City of Port Townsend at a regular meeting
thereof, held this 0 day of October 2021.
Michelle Sandoval
Mayor
Attest Approved as to for
Joanna Sanders, MMC Ileidi Green vc d
City Clerk City Attorne
Resolution 21-062 Exhibit A
Page I of 58
ci
IV Port
1Y
�A Ile
u t
T' wl ts "
AN a
U Un
CITY u
F,u T Tt"j' WNSEND
CITY COUNCIL RULES
OF PROCEDURE
A Comprehensive Collection of Meeting Rules, Coordination
Procedures, Public Hearing Procedures, and Applicable References
from the Revised Code of Washington
Adopted June 19,2000
Revised October 2,2000
Revised April 16,2001
Revised March 4,2002
Revised April 15,2002
Revised June 3,2002
Revised June 17,2002
Revised August 5,2002
Revised February 23,2004
Revised March 1,2004
Revised February 22,2005
Revised May 1,2006
Revised March 3,2008
Revised September 11,2014
Revised November 3,2014
Revised April 8,2015
Revised June 22,2016
Revised February 6,2018
Revised September 17,2018
Revised April 1,2019
Revised DATE
Resolution 21-062 Exhibit A
Page 2 of 58
CITY OF PORT TOWNSEND
ARTICLE 1 -CITY COUNCIL MEETINGS......... .......„ ........ ..,,,.., M,,.........,........ .....,....,4
1.1 City Council Meetings....................................„,.,,..,..,,,,,.,.....,..,....,..........................4
1.2 Election of Officers..................................................................................................4
1.3 Presiding Officer................................................„...,„.,..„.,„.,,.,,..,,.,,,..,,......................5
1.4 Quorum.....................................................„...,,.,,,,,,.....,,.,.,,.............,........................5
1.5 Attendance; Excused Absences..........----......................................,,,.,...........,...,.5
1.6 Special Council Meetings.......................................„„,.,..,..,.,...,.....,,..,....,,......,...,.....5
1.7 Council Packet Material.. ......„.. ......... ......... ......... .................... ......... ............6
1.8 Council Business Meeting Agenda...................................... ... 6
1.9 Consent Agenda......................... ........... ....... ......... .................... ......... .........„,„6
1.10 Workshops ................................. ......... ......... .......,.. ...,......„..,.„ ,. , .,....,,. ,.,.....,...7
1.11 Retreat............................... ..,.....,...,,..,........... .,..., ,, .................... ......... ...,..,.....7
1.12 Training; Orientation .................„..„,..„,,,,„....,.........,,............,........................,,,...,....,.....7
1.13 City Council Transparency......................................................................................8
1.14 City Clerk; Minutes; Public Information Access....................„,..............,...........,....8
ARTICLE 2-CITY COUNCIL MEETING PROCEDURES ................................................,,8
2.1 Rules of Order................. „,, .,, ,.. ..,...,., .....,.............. ..,,,.,.. .„.,.,... ,,,,,,.,,..,8
2.2 Motions................ .................... ...................„,.......,......,,,,,, .,....,., ,,......, ......,.,,..9
2.3 Order of Business........- .........„... ............. ......... .......,,...,.„........,,.„..,„„9
2.4 Public Comment... ......... ...-,,„ ,,..,,,., ......... ...,.,,.,.........., ......... , ...,.., ,.,,.,......9
2.5 Final Agenda Items................................................................„,....,...................,..,..10
2.6 Permission Required to Address the City Council ........................................,.,.,.,,10
2.7 Voting ...........................„..,,,...,,, ,...,.,., ,........ ..................,. 11
2.8 Remote Participation by Council Members..................................................„..„„„...12
2.9 Enacted Ordinances, Resolutions, and Motions ..........................................„...,...,,12
2.10 Resolutions. ........„ ......„.. .....................................„ ., ...,.,,.. ,......,........................12
2.11 Ordinances . ........ .......... ........................... .,..,,.., ,........ ............,...... ..,.,.....12
2.12 Legislative Process for Ordinances, Resolutions, and Motions.,.....„.....................13
2.13 Reconsideration........„...... .................... ......... ......... ......... ................... ..........13
2.14 Complaints and Suggestions to the City Council -,...-... .... ................-...13
2.15 Photographs, Motion Pictures, Video Tape; Permission Required for Artificial
Illumination„.............. ......... ........, ,....,,„. ..,,„,... ...,..,., .,,...,.. ......... ..........14
2.16 Guidelines for Processing New Matters; Suggestion Board„...,.,.„..,,„,,...,...............14
ARTICLE 3-DUTIES AND PRIVILEGES OF MEMBERS................................................15
3.1 Forms of Address.......................................„,...,.......,....,..,..,,,....................................15
3.2 Filing City Council Vacancies..............................„....,..,..„,,,.,,....,.,,......,,..,.,,..,,..,,,15
ARTICLE 4 - COMMITTEES,BOARDS, WORD GROUPS,AND COMMISSIONS.......15
4.1 Definitions ............ .................... ........ ......... ......... .................... ... „,.„. .,„,.,,.15
4.2 Committees...................... .„.,...... ,.........,........ .......... ..,,,,,. .....,... ....,..., ,,,.......15
4.3 General Rules Applicable to Resident Advisory Boards.......................................16
4.4 Purpose and Application..... .................---.............. ...„,.,„, .,..,,.., .,..,.....17
Resolution 21-062 Exhibit
Page 3 of 58
CITY OF PORT TOWNSEND
4.5 Scope of Work...... ......... ......... ......... ............... ..... .............. ......... .........17
4.6 Member Requirements,Nomination and Confirmation Process, and Residency
Requirements .........................................................................................................18
4.7 Officers Indemnification and Election.......... .......... ................... ........-19
4.8 Quorums; Transacting Business ........... ,,,,,,, ,,,,,,, ,,,,,,,,, ......, .,.......19
4.9 Terms of Office and Vacancies...............—,..... ......... ................... ......... .„.......19
4.10 Conflicts of Interest.................... ......... ......... ......... ......... ......... ......... .........19
4.11 City Council Committee- ........ ......... .......... ......----....................................19
4.12 Liaison, Representative, and Officer Roles ..................................... .....................19
4.13 Procedures, Records, and Minutes.........................................................................22
4.14 Meetings, Open Public Meetings Act, and Public Records Act.............................22
4.15 Communications to the City Council..... .................... ........ ...,,,, ...,,,.23
4.16 Compensation and Reimbursement of Expenses...........--...................................23
4.17 Lobbying Efforts........................ ..............--.. ....,.., ........----...... .....,.23
ARTICLE 5 -RELATIONS WITH CITY MANAGER& ADMINISTRATION................23
5.1 Role of the City Manager.............................................................................,..........23
5.2 Administrative Interference by Council Members ................................................24
5.3 Administrative Complaints Made Directly to Individual Council Members.........24
5.4 Administrative Complaints--- ....... ......... .....,......................24
5.5 City Manager Evaluation....................................................-.................................24
ARTICLE 6 -PUBLIC HEARING PROCEDURES...............................................................25
6.1 Appearance of Fairness Doctrine............................„,,,.,.,.,,,,.,,.,..,.,,,..,.,.....,,.,,,,.,,.,25
6.2 Actions for a Public Hearing............................ ......... ......... ......... ...........--27
ARTICLE 7 -REIMBURSEMENT
7.1 Purpose............................................................. ......... ......... ......... ..............,,,...27
7.2 Travel Expenses and Reimbursement.............. ......... ....................... ......---.....27
7.3 Travel; Authorization; When Required. ....................... ---....................,.,........28
Exhibit A Resolution 98-044, Establishing a Policy of Action Minutes................30
Exhibit B Parliamentary Procedure at a Glance......................................................32
ExhibitC Agenda Format.............................................. ....,...........,..............................33
Exhibit D List of Standing Committees and Mission Statements.........................34
Exhibit E City Manager Evaluation Form,............................,......... ........................,„36
Exhibit F Public Hearing Procedures................ ................,.................,................. ..44
Appendix 1 Policy: Public Requests for Proclamations ...........................................58
2
Resolution 21-062 Exhibit A
Page 4 of 58
CITY OF PORT TOWNSEND
Policy Statement: The Council Rules should be considered means to an end and not an end in
themselves. If used well, rules of order will advance fundamental goals and principles. They
will help the Council spend its time well and make good decisions on behalf of the community.
The rules should not become the master and the primary focus for the meeting. The "horse" (the
principles) should come before the"cart" (the rules).
Land Acknowledgement: The land that we know as Port Townsend was first known as a
thriving village of the S'Klallam People;this village was called gatay ("kuh-tai"). The
S'Klallam's well-known chief, cicmahan ("cheech-muh-hann"), or Chetzemoka, was born at
gatay in 1808. While this area belonged, and still belongs, to the S'Klallams, it is acknowledged
that other local tribes camped along the beaches as they visited or moved along in their travels.
The City of Port Townsend honors the sovereignty and treaty rights of the three
S'Klallam/Klallam Tribes that are tied to this area and continues to strive in partnership for the
betterment of our local Indigenous Peoples.
3
Resolution 21-062 Exhibit A
Page 5 of 58
CITY OF PORT TOWNSEND
ARTICLE 1 —CITY COUNCIL MEETINGS
1.1 City Council Meetings.
(a) All regular meetings of the City Council shall be held at the times and locations specified
by applicable ordinances and resolutions of the City Council.
(b) All meetings of the City Council and committees thereof shall be open to the public,
except as provided for in RCW 42.30.110 or RCW 42.30.140.
(c) The Pledge of Allegiance may be recited before every regular meeting, special meeting,
workshop, and committee meeting of the City Council.
(d) The Presiding Officer may read the Land Acknowledgment before City Council meetings
held during the week of Indigenous Peoples Day, during Native American Heritage
month (November), or on any other appropriate occasion.
1.2 Election of Officers. Procedures for electing officers are as follows:
(a) Biennially, at the first meeting of a new City Council, Council members shall choose a
presiding officer from their number who shall have the title of Mayor. In addition to the
mayoral powers listed in RCW 35A.13.030, the Mayor shall continue to have all the
rights, privileges, and immunities of a Council member. Following the Mayor's election,
Council members shall elect a Deputy Mayor. The term of the Deputy Mayor shall run
concurrently with the Mayor's. The Mayor and Deputy Mayor shall serve for two years
consistent with RCW 35A.13.030 and RCW 35A.13.035.
The Mayor and Deputy Mayor can be changed by a super majority vote of the City
Council.
If a permanent vacancy occurs in the office of Mayor or Deputy Mayor, the Council
members, at their next regular meeting, shall select a Mayor or Deputy Mayor from their
number for the unexpired term.
(b) The City Clerk shall conduct the election for Mayor. The City Clerk shall call for
nominations. Each member of the City Council shall be permitted to nominate one
person and a nomination shall not require a second. A nominee who wishes to decline
the nomination shall so state at this time. Nominations are then closed.
(c) Except when there is only one nominee, election shall be by written ballot. Each
member's vote shall be signed. The City Clerk shall publicly announce the results of the
election. Thereafter, the City Clerk shall record in the minutes the ballot results.
(d) In the event the City Council is unable to agree on a Mayor by majority vote of members
present, the Office of Mayor shall be temporarily filled by an Acting Mayor. The Acting
4
Resolution 21-062 Exhibit A
Page 6 of 58
CITY OF PORT TOWNSEND
Mayor shall be the Council member who just previously served as Deputy Mayor; or if
such person is not a member of the Council, the Council member with the highest
seniority as determined by the City Clerk. Ties shall be resolved in a contest by chance.
The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such
authority as is described in RCW 35A.13.035 until the Council members agree on a
Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease
and terminate.
(e) Following the election for Mayor, the newly elected Mayor shall conduct the election for
Deputy Mayor following the same process as described for the election of the Mayor.
1.3 Presiding Officer. The Mayor shall preside at meetings of the Council, be recognized as
the head of the City for all ceremonial purposes, and have no regular administrative duties in
accordance with RCW 35A.13.030. In case of the Mayor's absence or temporary disability, the
Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence
or temporary disability of the Mayor and Deputy Mayor, a Mayor Pro Tempore selected by the
Council members shall act as Mayor during the continuance of the absences. The Mayor or
Deputy Mayor are also referred to as "Presiding Officer" in these Rules of Procedure.
(a) The Presiding Officer shall preserve order and decorum, confining Council members to
debate the question under discussion.
(b) The Presiding Officer may move, second, and debate from the chair, subject only to such
limitations of debate as are by these rules imposed on all members, and shall not be
deprived of any of the rights and privileges of a Council member by reason of acting as
the Presiding Officer.
1.4 Quorum. At all meetings of the City Council, four Council members who are present
and eligible to vote shall constitute a quorum for the transaction of business. A number less than
four Council members does not constitute a quorum for the transaction of business and a lesser
number may adjourn from time to time, provided that written notice of such adjournment be
posted on the exterior Council chambers doors per RCW 42.30.090. Council meetings adjourned
under the previous provision shall be considered regular meetings for all purposes.
1.5 Attendance; Excused Absences. RCW 35A.12.060 provides that Council members
shall forfeit their office by failing to attend three consecutive regular meetings of the City
Council without being excused by the City Council. Council members should notify the City
Clerk, the City Manager, and the Presiding Officer of any absences at least fourteen days prior to
the meeting, if possible. If not possible, Council members must notify the City Clerk, the City
Manager, and the Presiding Officer at the earliest possible time. Barring any objections, prior
notification of the absence to the Presiding Officer will be considered an excused absence.
Excusing unnoticed absences will be considered part of the consent agenda at the following
business meeting.
1.6 Special Council Meetings. Procedures for setting a special meeting are as follows:
5
Resolution 21-062 Exhibit A
Page 7 of 58
CITY OF PORT TOWNSEND
(a) A special meeting may be called by the Presiding Officer or any four Council members.
(b) Notice of the special meeting shall be prepared in writing by the City Clerk. The notice
shall contain information designating the time, location, and the subject or agenda of the
meeting.
(c) The notice shall be delivered by mail, fax, electronic mail, or personally to the residence
of each Council member, the City Manager, and the business office of each local
newspaper, radio and television station that has a written request on file with the City
Clerk for notice of'special meetings. The notice must be delivered at least twenty-four
(24) hours prior to the meeting.
(d) The notices provided in this section may be dispensed with or disregarded within the
circumstances provided by RCW 42.30.080, that is:
1. Any member who, at or prior to the time the meeting convenes, files with the City
Clerk a written waiver of notice;
2. 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 as per RCW 42.30.080.
1.7 Council Packet Material. Council members should read the agenda material and ask
clarifying questions prior to the City Council meeting when possible.
1.8 Council Business Meeting Agenda; Consent Agenda. The City Clerk, under the
direction of the City Manager, will arrange a list of proposed matters according to the order of
business and prepare an agenda for the City Council. After the proposed agenda has been
approved by the Mayor and Deputy Mayor, a copy of the agenda and supporting materials will
be prepared for Council members, the City Manager, the public, the City website,the press, and
any staff member who has requested a packet, on or before 4:30 p.m. four calendar days before a
regular City Council meeting. The Presiding Officer, three Council members, or the City
Manager may introduce a new item to the agenda at a meeting.
As part of any regular business meeting, the Presiding Officer will seek suggestions for the
current or future agenda from Council members.
1.9 Consent Agenda. The City Manager, in consultation with the Presiding Officer, shall
place matters on the consent agenda that:
(a) Have been previously discussed by the City Council;
6
Resolution 2/-062 Exhibit A
Page 8 of 58
CITY OF PORT TOWNSEND
(b) Are based on the information delivered to Council members by the City Clerk that can be
reviewed by a Council member without further explanation; or
(c) Are so routine, technical, or"housekeeping" in nature that passage without discussion is
likely.
Since adoption of any item on the consent agenda implies unanimous consent, any Council
member shall have the right to remove any item from the consent agenda. 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 on the agenda for the current or a future meeting.
The proper City Council motion on the consent agenda is as follows: "I move adoption of the
consent agenda." This motion shall be non-debatable and will have the effect of moving to adopt
all items on the consent agenda, although Council members may ask clarifying questions.
1.10 Workshops. The primary purpose of workshops is to shape significant policy and aid in
the development of items that will ultimately require City Council action. Agenda items are
intended to be substantive and not include day-to-day operational issues or routine, procedural
items.
No final action will be taken. The City Council will provide direction and recommendations by
consensus. However, if there is not clear consensus on an item, a motion may be made and a vote
taken.
Unless otherwise noted or announced by the Presiding Officer, public comment will be allowed
on each agenda item following the staff presentation and Council question and answer period.
The City Clerk, under the direction of the City Manager and with the advice of the Mayor and
Deputy Mayor, shall arrange a City Council workshop agenda for the meeting. After the
proposed agenda has been approved by the Mayor and Deputy Mayor, a copy, along with any
supporting materials, shall be prepared for Council members, the City Manager, the public, the
City website, and the press, on or before 4:30 p.m., four(4) calendar days before the City
Council workshop.
1.11 Retreat. The City Council shall hold an annual strategic plan and workplan retreat with
optional additional quarterly retreats to create or review the strategic plan and workplans for the
year and subsequently confer with staff on progress and possible adjustments.
1.12 Training; Orientation.
(a) Open Public Meetings Act. Every new Council member is required to complete Open
Public Meetings Act(OPMA)training within ninety days of taking the oath of office.
Thereafter, every Council member must complete OPMA training every four years.
7
Resolution 21-062 Exhibit A
Page 9 of 58
CITY OF PORT TOWNSEND
(b) Public Records Act. Every new Council member is required to complete Public Records
Act (PRA) and Preservation and Destruction of Public Records training within ninety
days of taking the taking the oath of office. Thereafter, every Council member must
complete PRA training every four years.
(c) Council members are strongly encouraged to attend the Association of Washington
Cities' Elected Officials training during their first year in office.
(d) As new Council members join the City Council, the City Manager and City Clerk will
host an orientation program that provides an opportunity for new Council members to
tour City facilities, learn about the City technology, and ask any questions about City
operations and procedures.
1.13 City Council Transparency. The City Council is dedicated to open and transparent
communication, discussion, and governance. Council members and the public should have
sufficient time to thoroughly study an issue and ask any questions. In determining whether to
proceed to final action,the Council members should consider whether the matter is urgent,
routine, or in need of significant public process. Many routine matters may be completed in one
meeting; more complicated issues may require more time to understand completely before
deciding. The goal is ensuring that the Council members and the public have adequate time to
study issues and ask questions.
1.14 City Clerk; Minutes; Public Information Access. The City Clerk shall be ex-officio
Clerk-of-the-Council and shall keep minutes as required by law and in accordance with City of
Port Townsend, Resolution 98-044 adopted on April 6, 1998, and attached as Exhibit A. In the
absence of the City Clerk, the City Clerk shall appoint a replacement to act as Clerk-of-the-
Council. The City Clerk shall record the proceedings of all public hearings, regular meetings,
workshop sessions, hearings, special sessions, and other meetings when possible. The recordings
shall be posted on the City website. All regular meetings, workshops, and study sessions shall be
live-streamed on the City website for public informational purposes if held in an appropriate
venue.
End of Article 1 —City Council Meetings
ARTICLE 2 - CITY COUNCIL MEETING PROCEDURES
2.1 Rules of Order. Rules of order not specified by statute, ordinance, or resolution shall be
governed by the most recent edition of Robert's Rules of Order, as published by the Roberts
Rules Association. A quick reference chart of the most common "Rules of Order" questions is
attached as Exhibit B.
(a) Council members should speak to the issues in a civil manner, respecting the viewpoints
of others, focusing on the issue at hand, and sharing their own motives and reasons for
supporting or not supporting an item for discussion, in a polite manner towards each
other and the public.
8
Resolution 21-062 Exhibit A
Page 10 of 58
CITY OF PORT TOWNSEND
(b) Council members shall have five minutes maximum per comment(instead of the 10
minutes provided in Robert's Rules). This is waived unless a Council member raises an
objection.
2.2 Motions. All items of business placed before the City Council that require the
expenditure of City Council or administration resources shall be in the form of an affirmative
motion. Affirmative motions are preferred to prevent "approval by default" of a failed negative
motion.
2.3 Order of Business. The accepted order of business for the first and second regular
business meeting of the City Council shall be transacted as shown in the attached Exhibit C
Agenda Format; provided, however, that the Presiding Officer may, during a City Council
meeting, rearrange items on the agenda to conduct the business before the City Council more
expeditiously. This accepted order of business may also be changed from the format shown by a
majority of the full City Council.
2.4 Public Comment. The City Council desires to allow maximum opportunity for public
comment. However, the business of the City must proceed in an orderly, timely manner. At any
time, the Presiding Officer, in the Presiding Officer's discretion, may set such reasonable limits
as are necessary to prevent disruption of other necessary business.
(a) Public comment on items not on the agenda or items on the consent agenda are limited to
a total of 30 minutes per meeting unless revised by the Presiding Officer; speakers will
be allotted three minutes per individual. For an item not on the agenda that, based on the
number of persons indicating an intent to speak, may require more than 30 minutes for
public comment, consideration will be given to setting an agenda item at a future City
Council meeting for public comment on the item. After the comment period, the
Presiding Officer may recognize the City Manager for the limited purpose of providing a
brief response, or comment, or summary of expected action. No debate of the merits of
the item should occur at this time.
(b) Any member of the public who wishes to address the City 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 during the agenda item discussion. The
Presiding Officer may impose a reasonable time limit (for example, thirty minutes for all
comments) in order to ensure that the City Council may complete the agenda in a timely
manner.
(c) In-person comments shall be made from the microphone, first giving the speaker's name
and relationship to the City, i.e. live or work in the City limits. No in-person comments
shall be made from any other location, and anyone making"out of order"comments shall
be subject to removal from the meeting.
(d) Persons attending a meeting remotely may be able to make public comment if they are
logged in through the remote meeting platform; otherwise, remote attendance will not
allow for public comment. Persons attending a meeting remotely who wish to make
9
Resolution 21-062 Exhibit A
Page I I of 58
CITY OF PORT TOWNSEND
public comment must use the "raise your hand" function on the remote meeting platform.
When asked by the Presiding Officer, the clerk will unmute the speaker for three
minutes. Remote speakers should begin their comments by stating their names and
relationship to the City.
(e) All comments shall be addressed to the City Council. There will be no demonstrations
during or at the conclusion of anyone's presentation.
(f) These rules are intended to promote an orderly system of holding a public meeting, to
give every person an opportunity to be heard and to ensure that no individuals are
embarrassed by exercising their right of free speech.
2.5 Final Agenda Items:
(a) Convening of an executive session is normally shown on each meeting agenda; if added
after the agenda is published, it will be announced by the Presiding Officer after the roll
call. Before convening an executive session, the Presiding Officer will announce the
reason for and anticipated length of the executive session.
(b) The agenda shall provide a time when the Presiding Officer("Presiding Officer's
Report") or Council members ("Comments from Council Members") may bring before
the City Council any business that they feel should be deliberated upon by the City
Council or added to future agenda. These matters need not be specifically listed on the
agenda, but formal action on such matters should be deferred until a subsequent City
Council meeting unless the matter requires immediate action. Council Committee Chairs
may use this time to update the full City Council on the work of the Committee. There
shall be no lectures, speeches, or grandstanding.
(c) Meetings should end before 9:30 p.m. The City Council shall be deemed to have
approved an extension of the meeting beyond 9:30 p.m. unless a member requests a vote
on whether to extend or adjourn. A new time limit must be established before taking a
Council vote to extend the meeting. The items not acted upon or considered shall be
deferred to the next regular City Council meeting.
(d) In the event of emergency, such as a fire, threatened violence, or inability to regain good
order, the Presiding Officer shall forthwith declare the meeting adjourned and the City
Council shall immediately leave the premises. If possible, the City Council should
reconvene at another location selected by a majority vote of the members. If the City
Council reconvenes the meeting in another location, the City Council may only take
action on matters appearing on the agenda and members of the press shall be allowed to
attend. The minutes of the meeting shall state the reason for the emergency or
disruption.
2.6 Permission Required to Address the City Council. Persons other than Council
members and administration shall be permitted to address the City Council upon recognition or
introduction by the Presiding Officer or the chair of the appropriate City Council committee.
10
Resolution 21-062 Exhibit A
Page 12 of 58
CITY OF PORT TOWNSEND
Groups may also request time on the agenda for a special presentation, including a proclamation,
by contacting the Presiding Officer or the City Clerk at least three weeks prior to the meeting.
The Presiding Officer may waive the notice.
2.7 Voting. The votes during all meetings of the City Council shall be transacted as follows:
(a) Unless otherwise provided for by statute, ordinance, or resolution, all votes shall be taken
by voice, except that at the request of any Council member, a roll call vote shall be taken
by the City Clerk. The order of the roll call vote shall be determined by the Presiding
Officer.
(b) In case of a tie vote on any proposal, the proposal shall be considered lost.
(c) Council members who were in or near the Council chambers when the question was put,
shall give their votes unless the City Council, for stated special reasons, shall excuse
those members by motion. Council members who are not excused from voting and who
do not vote, shall have their votes counted as "no."
(d) The passage of any ordinance, grant, or revocation of franchise or license; any resolution
for the payment of money; any approval of warrants; and any resolution for the removal
of the City Manager shall require the affirmative vote of at least a majority of the whole
membership of the City Council.
(e) The passage of any public emergency ordinance (an ordinance that takes effect
immediately); expenditures for any calamity of nature, violence, riot, insurrection, or
war; and provisions for a lesser emergency, such as a budget amendment, shall require
the affirmative vote of at least a majority plus one of the whole membership of the City
Council.
(f) The passage of any motion or resolution shall require the affirmative vote of at least a
majority of the membership of the City Council who are present and eligible to vote,
unless otherwise required by provisions of Washington law, the Port Townsend
Municipal Code, or these Rules of Procedure.
(g) In a situation when the City Attorney states that a Council member's participation would
violate or appears to be violating the appearance of fairness doctrine by the member's
failure to recuse, a super majority (majority plus one of members present) of the
nonaffected Council members may vote to require the affected member not to participate
in a particular proceeding, and if so, the affected Council member's vote shall not be
counted and the affected Council member shall not participate in the proceeding.
(h) A motion or request by a Council member(with or without a second)to "call the
question" (or similar words indicating an intent to terminate further debate and take a
vote on a pending motion)allows a vote on the pending motion to immediately take
place, unless any Council member requests that the motion to "call the question"be put
11
Resolution 21-062 Exhibit A
Page 13 of 58
CITY OF PORT TOWNSEND
to a vote, in which case debate is only terminated if adopted by a 2/3 vote of the Council
members present.
2.8 Remote Participation by Council Members. Teleconference or videoconference
participation by Council members may be allowed but is not preferred and is subject to
reasonable technical availability at the meeting location.
Requests to use teleconference or videoconference participation should be limited and will be
granted barring any objections. Adequate notice for these requests must be conveyed to the City
Clerk and the Presiding Officer to permit installation of the required equipment prior to the
specified City Council meeting or meetings. In such case, a microphone pickup must allow the
teleconference or videoconference participant to engage in the City Council discussion and be
heard. If possible, remote members should turn on cameras during meetings. Teleconferencing
or videoconferencing charges are to be at the Council member's own expense, unless waived by
City Council motion.
2.9 Enacted Ordinances,Resolutions, and Motions.
(a) An enacted ordinance is a legislative act prescribing general, uniform, and permanent
rules or regulations relating to the operation and corporate affairs of the municipality.
The City Council action shall be taken by ordinance when required by law or when such
conduct is enforced by penalty.
(b) An adopted resolution is an administrative act,which is a formal statement of policy
concerning matters of special or temporary character. City Council action shall be taken
by resolution when required by law and in those instances when an expression of policy
more formal than a motion is desired.
(c) An adopted motion is a form of action taken by the City 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 when a resolution is not
required by law and when such motion is not in conflict with existing State or federal
statutes, City ordinances, resolutions or these rules.
2.10 Resolutions. A resolution may be put to its final passage on the same day on which it
was introduced. However, the City Council may invoke the two (2) reading procedure as
described below to facilitate public understanding or comment on the resolution. 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. Public copies will be available on the City website.
2.11 Ordinances. The procedures for passing ordinances are as follows:
(a) A Council member may, in open session, request of the Presiding Officer that the City
Council study the wisdom of enacting an ordinance. The Presiding Officer may then
assign the proposed ordinance to the administration, a committee, or the committee-of-
12
Resolution 21-062 Exhibit A
Page 14 of 58
CITY OF PORT TOWNSEND
the-whole for consideration. The committee or administration shall report its findings to
the City Council. The City Manager may propose the drafting of ordinances, per RCW
35A.13.080. Residents and boards and commissions may also propose consideration of
ordinances and resolutions.
(b) All ordinances should have separate readings at two separate City 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 request shall be granted. Copies shall be made available on the
City website prior to the meeting.
(c) Any ordinance repealing any portion of the Port Townsend Municipal Code shall also
repeal the respective portions of the underlying ordinance(s).
2.12 Legislative Process for Ordinances, Resolutions, and Motions. Prior to final passage
of all ordinances, resolutions or motions, such documents or proposals shall be designated as
"drafts." All such drafts shall also be dated to include the most recent revision.
(a) Proposed drafts may contain the name of the group, organization, committee, or
individual originating, initiating, or sponsoring the proposal prior to the first presentation
to the City Council when vote is taken directing some official action or further
consideration. Proposed drafts may be initiated by residents or by boards, commissions,
or other task groups. All such drafts shall be dated.
(b) Council drafts shall be documents or proposals that have been presented in open session
and voted on by the City Council when the resultant City Council action was other than
passage or a vote to cease further consideration.
2.13 Reconsideration. Any action of the City Council, other than final passage of resolutions
or ordinances or any action previously reconsidered, shall be subject to a motion to reconsider,
including final action on applications for legislative changes in land use status. Reconsideration
can be requested only by motion of a member of the prevailing side of the original motion or
from a member who had an excused absence the night of the vote. A motion to reconsider an
action must be made within thirty days-for action to be reconsidered. 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 for any action the City Council deems
advisable.
2.14 Complaints and Suggestions to the City Council. When resident complaints or
suggestions covering an issue not on an agenda are brought before the City Council through
public comment, City Council correspondence, or other method, the Presiding Officer shall first
determine whether the issue is legislative or administrative in nature and then:
(a) If legislative and a complaint about the content or intent of legislative acts or suggestions
for changes to such acts, and if the City Council finds such complaint suggests a change
13
Resolution 21-062 Exhibit A
Page 15 of 58
CITY OF PORT TOWNSEND
to an ordinance or resolution of the City, the Presiding Officer should refer the matter to
the City Manager for study and recommendation as part of the Suggestion Board.
(b) If administrative, a complaint regarding administrative staff performance, administrative
execution of legislative policy, or administrative policy within the authority of the City
Manager, the Presiding Officer should then refer the complaint directly to the City
Manager for review, if the complaint has not been so reviewed. The City Council may
direct that the City Manager brief or report to the City Council when the City Manager's
response is made.
2.15 Photographs, Motion Pictures,Video Tape; Permission Required for Artificial
Illumination. No photographs, motion pictures, or videotapes that require the use of
flashes, flood lights, or similar artificial illumination shall be made at City Council
meetings without the consent of the Presiding Officer or a majority of the City Council.
2.16 Guidelines for Processing New Matters; Suggestion Board.
(a) The goal of these guidelines is to provide a process that allows the City Council to
consider proposals that are not part of the approved budget or workplan in a cumulative,
orderly process with opportunity to take into consideration the impact of a new project
on both existing projects and other proposed projects. This rule does not apply to routine
matters that do not involve significant staff or City Council time (for example, contract
approvals or proclamations).
(b) New matters may come from advisory boards, Council members, or residents. New
matters should be referred to the City Manager who will consider whether the matter fits
within the City's workplan prior to forwarding the recommendation to the City Council.
The City Manager may choose to table a request until such time as the City has sufficient
resources to assist in completing the task. The City Council may consider the items on
the Suggestion Board during the annual work plan retreat.
(c) Approximately bimonthly, the City Manager shall present to the City Council a"list of
new proposals" (including proposals the City Council previously indicated should be
carried forward on the list of proposals for further consideration or action)that may have
come up or been suggested for the City Council. This list will include the City
Manager's action on any item, such as adding to the workplan,tabling the request, or
referring to an outside agency or body. Resolved items will be removed from the
Suggestion Board after they have been reported by the City Manager to the City Council.
Tabled items may be removed from the Suggestion Board after the annual workplan
retreat.
(d) The City Council may, by a vote of the majority, choose to act on any tabled item. In
doing so, the City Council shall consider the following:
1. Estimate of time, staff resources, and cost (administrative and monetary) to
implement the proposal;
14
Resolution 21-062 Exhibit A
Page 16 of 58
CITY OF PORT TOWNSEND
2. Estimate of impact of implementing the new proposal on existing projects;
3. Consistency with adopted plans and policies; and
4. Ability of the City to resolve the matter.
(e) At the meeting(s) in which the City Council considers new proposals, public comment on
all the items shall be limited to thirty (30)minutes total. The Presiding Officer may
allocate this time as necessary among items, giving consideration to the number of
persons who have indicated an intent to speak. A majority plus one of the full Council
(five members)may approve a motion to extend the above time limits. Such motion
shall be non-debatable.
(f) Generally, the City Council should discuss the list of new proposals at a business meeting
and place items for possible action on the next Council meeting when new business is
considered.
End of Article 2—City Council Meeting Procedures
ARTICLE 3 - DUTIES AND PRIVILEGES OF MEMBERS
3.1 Forms of Address. The Mayor should be addressed as "Mayor(surname)." The Deputy
Mayor should be addressed as "Deputy Mayor(surname)." Council members should be
addressed as "Councilor(surname) or"Council member(surname)."
3.2 Filling City Council Vacancies. If a vacancy occurs in the office of a Council member,
the City Council will follow the procedures outlined in RCW 42.12.070. In order to fill the
vacancy with the most qualified person available until an election is held, the City Council will
widely distribute and publish a notice of the vacancy, the procedure, and any application form
for the vacancy. The City Council will draw up an application form that contains relevant
information to answer set questions posed by the City Council. The application forms will be
used in conjunction with a public interview of each candidate to aid the City Council's selection
of the new Council member.
End of Article 3 -Duties and Privileges of Members
ARTICLE 4 - COMMITTEES, BOARDS,WORK GROUPS,AND COMMISSIONS
4.1 Definitions.
(a) An"advisory board"means any resident committee or commission created by the City
Council to give advice on particular subjects and perform such other functions as
prescribed by the City Council. "Advisory board" also includes task force groups,
subcommittees, or working groups formed by City Council resolution for short periods of
time or for specific tasks. Each advisory board will operate under the direction of and
coordinate with one of the standing City Council committees.
15
Resolution 21-062 Exhibit A
Page 17 of 58
CITY OF PORT TOWNSEND
(b) "Committees"consist of Council members appointed to study particular topics.
Committees may be standing or ad hoc depending on the topic to be studied and the
needs of the City.
(c) "Commissions"means statutory bodies such as the Planning Commission or the Lodging
Tax Advisory Committee.
"Task Force"refers to a body appointed by the City Council to study or work on a particular
subject or problem for a set project. A task force will cease to meet upon completion of its
charge as given by the City Council
4.2 Committees. The City of Port Townsend is a Council-Manager form of government and
has adopted a committee structure applicable to the normal Council-Manager system. The City
is constantly working to improve the ways in which the public can meaningfully access the City
Council and how the City Council engages with and encourages public involvement. The City
values community volunteerism and recognizes its importance in promoting the City's health,
safety, and wellbeing. The procedures governing all committees, boards and commissions, and
task force groups established by the City Council or involving a Council member, shall be as
follows:
(a) All standing committees shall be established or provided by City Council resolution. See
Exhibit D for current standing committees.
(b) All other City Council committee, advisory board, commission, and task force group
rules or operating procedures shall be established by the City Council directive with
special attention to RCW 35A.13.120 and the rules provided in Section 4.2, after
consultation with the City Manager. Such committee, advisory board, commission, and
task force group enabling legislation shall be subject to periodic review to determine
whether its function continues to be necessary and an appropriate use of City and
volunteer resources.
(c) Committees, advisory boards, commissions, and task force groups shall make
recommendations, when appropriate, on proposed ordinances, resolutions, and motions
within their area of responsibility or interest, before action is taken by the City Council.
The appropriate spokesperson shall present the recommendations that could lead to final
action during the discussion of the business item on the City Council agenda. The City
Council values community input and will work with staff liaisons and volunteer
members to ensure the groups have adequate training to record recommendations in the
form of a motion from the body so recommendations may be forthcoming to the City
Council.
(d) Advisory board and commission appointments shall be made by the City Council after
nomination by the Mayor.
(e) Council member appointments shall be made by the Mayor subject to confirmation by the
City Council.
16
Resolution 21-062 Exhibit A
Page 18 of 58
CITY OF PORT TOWNSEND
4.3 General Rules Applicable to Resident Advisory Boards. All advisory boards, task
forces, and other bodies should assist in completing the City's adopted workplan. Their
workplans should coordinate with the City's strategic, functional, and workplans.
4.4 Purpose and Application. The purpose of this section is to establish general provisions
applicable to all advisory boards, commissions, and task forces. The provisions of this article
govern all advisory boards unless otherwise specifically provided by ordinance, motion, or
resolution of the City Council, or as may be required by State law. In establishing an advisory
board, the City Council shall consider the following:
(a) Scope of work and clear task description, including whether it is legislative or
administrative;
(b) Term and sunset provisions;
(c) Membership, nomination, and confirmation process; residency or other special member
requirements;
(d) Place of advisory board within the City or City Council structure and to whom the
advisory board will report:
(e) Council committee assignment and City Council committee liaison assignment;
(f) Time frames for advisory board action on tasks;
(g) Time frames for City Council or committee action; for example, periodic review or
interim reports;
(h) Staffing, if any, for advisory boards and identification of which City department bears
any staffing responsibility or expense for board; and
(i) Any other matters appropriate to the advisory board's work
4.5 Scope of Work.
(a) Each advisory board, when it is formed, will have a specific statement of purpose and
function, which will be rc-examined periodically by the City Council, with input from
the appointed advisory board members, to determine its effectiveness. This statement of
purpose, as well as other information regarding duties and responsibilities, will be made
available to all members when appointed.
(b) The City Council or governing committee may determine any specific guidelines or tasks
to be referred to the advisory board by motion or resolution. If a majority of the board
desires to be tasked with an additional project, a resolution will be forwarded through the
City Manager's office to the City Council for consideration. The City Manager will
17
Resolution 21-062 Exhibit A
Page 19 of 58
CITY OF PORT TOWNSEND
consider whether the project fits within the City's workplan prior to forwarding the
recommendation to the City Council. The City Manager may choose to table a request
until such time as the City has sufficient resources to assist the body in completing the
task. The City Council will review any tabled requests when formulating the City's
workplan. The City Council recognizes the value of community input in the governing
process and encourages generative discussion within advisory boards but also must
balance the needs of the entire City.
(c)Each advisory board should develop a workplan as defined by its enabling legislation and
submit an annual workplan for approval by the governing Council committee through the
staff liaison and the City Manger. This annual workplan should be consistent with City
Council's own strategic priorities, comprehensive plan, and functional plans. Staff, the
Council committee liaison, and the advisory board chair will work together to coordinate
the drafting and submission of the board's annual workplan. For boards that have a
working budget and pre-existing funding stream, the workplan must be submitted during
the City Council's budget cycle.
(d) The scope of work for the commissions, such as the Lodging Tax Advisory Committee
and the Planning Commission, is set by statute. The City Council may refer additional
projects or work to commissions that are related to their statutory remit. Commissions
may also request to work on additional projects using the process above.
4.6 Member Requirements, Nomination and Confirmation Process, and Residency
Requirements. The number of members and any specific qualifications of each advisory board
shall be set forth by resolution of the City Council.
Unless otherwise specifically provided by applicable resolution or motion, or as may be required
by State law, the following procedures and requirements shall apply to all members of each
advisory board and commission:
(a) Each person, at the time of nomination and continuing uninterrupted thereafter, serving
on an advisory board or commission shall be a resident of, own a business located in, or
work in the City.
(b) Each person to be appointed shall be nominated by the Mayor for a specific numbered
position on an advisory board or commission. Vacant positions shall be posted and
advertised according to City procedures. All applications received shall be reviewed by
the Mayor, who will confer and work with the City Council committee liaison to conduct
an interview of the candidates and recommend the appointment to the City Council for a
vote.
(c) Each person shall be deemed appointed and shall commence service after confirmation
by the City Council, on the effective date of the previous member's resignation, or on the
expiration of the existing term for the position, as applicable.
18
Resolution 21-062 Exhibit A
Page 20 of 58
CITY OF PORT TOWNSEND
(d) Each confirmation motion by the City Council shall include the ending date and term for
the position to which the person is appointed and such information shall be entered into
the City Council minutes.
(e) At the expiration of a member's term, the member may, at the discretion of the City
Council, hold over and continue to serve as a member until the member or a successor is
appointed and confirmed by the City Council.
(f) Advisory board and commission membership shall constitute a cross section of related
interests. The City values community diversity among members serving on its advisory
boards and commissions.
(g) While volunteers are not limited to serving on more than one board or commission at a
time, pre-existing appointments on other boards or commissions will be a factor in any
new nomination.
4.7 Officers Identification and Election. Each advisory board shall elect from its
membership a presiding officer who will be referred to as "Chair." The Chair shall serve in this
capacity for one full calendar year, or until the advisory board discontinues its operation,
whichever is shorter. The membership may request of the City Council that a Chair continue to
serve for more than one year. The advisory board may elect other officers as it deems necessary
and such officers shall be set forth in the rules of procedure adopted by the advisory board. The
Chair's role is to:
(a) Call meetings;
(b) Chair meetings;
(c) Set the meeting agendas in concert with appointed staff and the City Council committee
liaison;
(d) Coordinate with appointed staff, the City Council Committee liaison, and City Manager,
the City's needs, policies, and interests, when determined, and to communicate the same
to the members on any matters under discussion or consideration;
(e) Serve as the focal point of communication between individual members and staff and the
City Council committee liaisons;
(f) Serve as parliamentarian, ensuring that proper parliamentary procedures are followed at
all times; and
(g) Foster leadership development in the advisory board for purposes of succession planning.
4.8 Quorums; Transacting Business. A majority of the appointed members of an advisory
board shall constitute a quorum for the transaction of business. An affirmative vote of the
19
Resolution 21-062 Exhibit A
Page 21 of 58
CITY OF PORT TOWNSEND
majority of a quorum in attendance at any meeting shall be necessary to transact business or
carry any proposition.
4.9 Terms of Office and Vacancies. Appointments to advisory boards shall be provided in
the resolutions establishing or providing for board. Vacancies shall be filled by the City Council,
upon nomination from the Mayor, for the unexpired term in the same manner as the original
appointment. Membership vacancies other than through expiration of term shall be filled for the
unexpired term. Any member may be removed by City Council action based on the City
Council's decision that removal is in the best interests of the City. Removal should not occur for
disagreement with an official recommendation of the board or its members. Members voluntarily
forfeit their position by the occurrence of three (3) consecutive and unexcused absences.
4.10 Conflicts of Interest. If any members of an advisory board conclude that they have a
conflict of interest or an appearance of fairness problem with respect to a matter pending before
the advisory board such that they cannot discharge their duties on such an advisory board, they
shall disqualify themselves from participating in the deliberations and the decision-making
process with respect to the matter in question. Upon appointment, members shall complete and
sign an acknowledgement that they have received and reviewed the City's Code of Ethics. All
advisory board members shall complete a Code of Ethics, Open Public Meetings Act, and Public
Records Act training during their appointment and shall complete the next available offering.
4.11 City Council Committee. Each advisory board, task force, and statutory body (other
than the Planning Commission)will be assigned to a City Council committee. The City Council
committee will be responsible for monitoring the board's work and ensuring that it meets the
needs of the City and contributes to moving the City's workplan forward.
4.12 Liaison, Representative,and Officer Roles
(a) A City Council committee liaison shall be available to each advisory board to provide a
constructive relationship and open channel of communication between the City Council
committee, the full City Council, and the advisory board without implying direction,
review, or management of the activities of the advisory board. The Mayor will make
recommendations to the full City Council for the Council committee liaison
appointments. The City Council committee liaison should review the advisory board's
agendas and minutes and stay apprised of the advisory board's work. The City Council
committee liaison may attend meetings as appropriate but is not a voting member of the
advisory board. The City Council committee liaison should address any concerns
regarding the advisory board to the City Manager. A City Council committee liaison may
be appointed to the statutory commissions, if appropriate. If appropriate, the City
Council committee may assign a City Council committee liaison to a task force. Liaison
functions and duties may be further defined or directed by the Presiding Officer with
concurrence of the City Council
City Council committee liaisons to the Planning Commission should refrain from
engaging in any activity that could be construed as demonstrating bias or as engaging in
20
Resolution 21-062 Exhibit A
Page 22 of 58
CITY OF PORT TOWNSEND
ex parte communications. Such activities could include facial expressions or body
language, engaging in conversations with residents, or other such activities.
(b) The City Manager may appoint a primary staff liaison for each committee, advisory
board, commission, or task force group, to ensure that meeting notifications and
recordkeeping occurs consistent with applicable State laws; to provide guidance, issue
analysis and recommendations; to assist the board with research, report preparation, and
correspondence in keeping with the board's City Council-approved workplan; and to
perform other liaison duties as may be assigned by the City Manager. Incorporated by
reference herein are Article 5, Relations with City Manager and Administration and
Chapter 35A.13 RCW. The role of the staff liaison is:
1. to provide factual information upon which the members can rely in making their
decisions and formulating their advice to the Mayor, the City Council, and City
administration;
2. to facilitate the meeting process by working with the Chair to schedule meeting
times, dates, and locations, so as not to conflict with other City functions and
activities;
3. to ensure that the City's policies on open meetings and public records are adhered
to at all times by the committee, advisory board, commission, or task force group;
4. to coordinate with the Chair on the various activities of the committee, advisory
board, commission, or task force group;
5. to provide continuity to the work of the committee, advisory board, commission,
or task force group by maintaining complete files of the work of the committee,
advisory board, commission, or task force group;
6. to facilitate access to these records upon request by any member, City official,
City employee, and members of the public; and
7. to facilitate communication with the City Manager to ensure that the activities of
the body are consistent with the City's adopted workplan. To ensure that advisory
board members receive the appropriate training and background information,
including governing legislation.
(c) Advisory boards must be aware of the following:
1. All meetings are to be conducted in public session, noticed in accordance with
Washington State law, and in compliance with the Open Public Meetings Act and
Public Records Act;
2. Individual members and the collective group should strive to be fair, impartial and
21
Resolution 21-062 Exhibit A
Page 23 of 58
CITY OF PORT TOWNSEND
respectful of the public, staff, and each other;
3. Members should respect the limitations of their individual and collective
authority. The role of an advisory board is to advise the City Council. The
appointment does not empower the advisory board to make final decisions, unless
authorized by State law or the group's enabling legislation;
4. Members should appreciate differences in approach and point of view, whether
from each other, the community, the City Council, or staff;
5. Each member should participate in the group's discussions and work assignments,
without dominating the discussion or activity of the advisory board;
6. The Chair should ensure that all members have a fair, balanced, and respectful
opportunity to share their knowledge and perspective;
7. Members should attempt to reach consensus on issues. If consensus is not
possible, strong differing opinions should be recorded and acknowledged in the
advisory board's report to the City Council.
8. Individual members should be transparent and shall disclose any information,
interest in, or relationship to the nature of the work being undertaken by the
advisory board, in the method and timing for conveyance of recommendations to
the City Council.
4.13 Procedures, Records, and Minutes. Rules of order not specified by statute, ordinance,
or the City Council generally will be governed by the most recent version of Robert's Rules of
Order Newly Revised, 12`h edition, or its successor volume. The advisory board may adopt
supplemental rules of procedure. The City should provide for the taking of minutes and maintain
the records of all regular and special meetings. Any advisory board may establish standing or ad
hoc committees comprised of advisory board members to assist in accomplishing its duties and
responsibilities. Minutes should be filed with the City Clerk's office within 10 days of approval.
All correspondence conducted in the course of government business is a matter of official public
record. "Public Record" is defined by its nature and not where it resides. A public record
includes any writing containing information related to the conduct of government or the
performance of any governmental or proprietary function prepared, owned, used, or retained by
any state or local agency regardless of physical form or characteristics. For the full statutory
definition, see RCW 42.56.010(3).
4.14 Meetings, Open Public Meetings Act, and Public Records Act. Each advisory board
shall hold regular public meetings at such times and places as is deemed advisable or as provided
for in the resolution establishing the board. All meetings of the entire committee, advisory
board, commission, and task force body, and of any subcommittee thereof, shall be subject to all
requirements of the Washington Open Public Meetings Act and Public Records Act, shall be
open to the public, and shall be held at a public place at a regularly scheduled time or at a special
meeting time following notice. Notice of all meetings shall be provided to the Clerk's Office for
22
Resolution 21-062 Exhibil A
Page 24 of 58
CITY OF PORT TOWNSEND
publication. No meeting shall be scheduled without at least 48 hours' notice to the Clerk's Office
unless special arrangements are otherwise made with the City Clerk or City Manager.
4.15 Communications to the City Council. Expressions of an advisory board's position,
recommendation, or request for any action shall be in the form of a resolution, motion, or other
written communication, setting forth the reasons, facts, policies, and findings of the advisory
board supporting the communication and shall be directed to the City Council via the City
Manager and staff liaison.
Communications from advisory boards shall be acknowledged by the Presiding Officer;
thereafter the City Clerk shall make an appropriate notation in the minutes. Should any member
of the City Council determine that any such communication be officially answered by the City
Council, the Presiding Officer shall place the matter on the agenda under New Business for the
current meeting or any subsequent meeting. Any recommendations should be brought forward in
agenda bill format with reference to the recommended action. The advisory board's Chair or
other appointed representative is encouraged to attend the City Council meeting and, if so, will
be given time to share highlights of the recommendation or deliberation process.
4.16 Compensation and Reimbursement of Expenses. Members of advisory boards shall
serve without compensation. Members shall be reimbursed for authorized travel expenses
incidental to that service, as authorized by the City Manager or by the City Council resolution or
motion. Members shall seek pre-authorization for any proposed expense.
4.17 Lobbying Efforts. The City Council establishes advisory boards and task forces
primarily to assist with carrying out the City workplan. They are not advocacy groups. For this
reason, lobbying—as defined by the Public Disclosure Commission—of other local, state or
federal agencies or legislative bodies by these groups is discouraged. Any lobbying by an
advisory board or task force must be coordinated with the City Manager and the City Council.
An advisory board is free to communicate positions to the City Council or a Council committee
on matters pertaining to the advisory board's purpose and function. A member of the advisory
board is not authorized to speak for the board unless the board has expressly authorized the
member's statement. An individual member is free to voice a position, oral or written, on any
issue, as long as it is made clear that the member is not speaking as a representative of the City
or as a member of an advisory board. When the advisory board reaches a decision on a
particular subject, the members shall abide by the group's decision once formalized and shall not
advocate counter to the majority's decision in their capacity as an advisory board member.
End of Article 4- Committees, Boards, Work Groups, & Commissions
ARTICLE 5 - RELATIONS WITH CITY MANAGER& ADMINISTRATION
5.1 Role of the City Manager. The City Manager is the chief administrative officer of the
City of Port Townsend. The City Manager is directly accountable to the City Council for the
execution of the City Council's policy directives and for the administration and management of
all City departments. The powers and duties of the City Manager are defined by Washington
23
Resolution 21-062 Exhibit A
Page 25 of 58
CITY OF PORT TOWNSEND
State law, RCW 35A.13.080. Balanced with City Manager's accountability to the City Council
for policy implementation is the need for the City Council to allow the City Manager to perform
legally defined duties and responsibilities without inappropriate interference by the City Council
in the day-to-day management decisions of the City Manager.
5.2 Administrative Interference by Council Members. The City of Port Townsend has a
Council-Manager from of government as described in Chapter 35A.13 RCW as amended.
Neither the City Council nor any of its committees or members shall direct or request the
appointment of any persons to, or their removal from, any office by the City Manager or any the
City Manager's subordinates. Except for the purpose of inquiry, the City Council and its
members shall deal with the administrative branch solely through the City Manager and neither
the City Council or any Council member shall give any orders to any subordinate of the City
Manager, either publicly or privately. Nothing prohibits the City Council, while in open session,
from fully and freely discussing with the City Manager anything pertaining to appointments and
removals of City officers and employees and City affairs. See RCW 35A.13.120.
5.3 Administrative Complaints Made Directly to Individual 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 City Manager
for review or action. The individual Council member may request to be informed of the action
or response made to the complaint.
5.4 Administrative Complaints. Although resident's direct access to elected officials is to
be encouraged to help develop public policy, Council members should not develop a personal
intervention pattern in minor calls for service or administrative appeals. The best practice is to
get the resident into direct contact with City staff for customer service unless an unsatisfactory
result has occurred.
5.5. City Manager Evaluation.
(a) The City Council shall evaluate the City Manager on an annual basis. The evaluation
process shall be completed no later than April 30 of each year.
(b) The Mayor, with assistance from the City's Human Resources Department (HR), shall
distribute the evaluation form in Exhibit E to each Council member no later than
February 28 of each year. Each Council member will, using the adopted performance
goals and criteria, rate the City Manager's performance, returning the evaluation to HR
within 14 days. The Mayor and HR shall consolidate all individual evaluations into one
summary evaluation form.
(c) The City Council shall schedule one executive session without the City Manager and
another executive session with the City Manager to meet and discuss the written
evaluation of these performance goals and criteria and to discuss performance goals,
criteria, and any changes to the evaluation forms or processes for the upcoming twelve-
month performance period. After this discussion, if no changes are required, the City
Council shall adopt the written summary of the evaluation results in open session and
24
Resolution 21-062 Exhibit A
Page 26 of 58
CITY OF PORT TOWNSEND
provide a copy to the City Manager within five days of adoption.
(d) In order to provide for a"360 degree" evaluation, the City Manager shall initiate a review
using the ICMA multi-rater evaluation tool, or equivalent evaluation to be agreed upon
by the Council and the City Manager, at a minimum of once every four years.
End of Article S -Relations with City Manager&Administration
ARTICLE 6-PUBLIC HEARING PROCEDURES
6.1 Appearance of Fairness Doctrine. Appearance of Fairness Doctrine and its
Application:
(a) Ap earance Iml"Fairness I)octrine Defined. "In short, when the law which calls for public
hearings gives the public not only the right to attend, but the right to be heard as well, the
hearings must not only be fair but must appear to be so. It is a situation where
appearances are quite as important as substance." Smith vs Skagit County, 75 Wn.2d
715, 740 (1969). "The test of whether the appearance of fairness doctrine has been
violated is ... as follows: Would a disinterested person, having been apprised of the
totality of a board member's personal interest in a matter being acted upon, be reasonably
justified in thinking that partiality may exist? If answered in the affirmative, such
deliberations, and any course of conduct reached thereon, should be voided." Swift vs.
IslandwCounty, 87 Wn.2d 348, 361 (1976).
(b) f )es of lfeThe Appearance of Fairness Doctrine
shall apply only to those actions of the City Council that are quasi-judicial in nature.
Quasi-judicial actions are defined as actions of the City Council that determine the legal
rights, duties, or privileges of specific parties in a hearing or other contested proceeding.
Quasi-judicial actions do not include the legislative actions adopting, amending, or
revising comprehensive, community, or neighborhood plans or other land use planning
documents or the adoption of area-wide zoning ordinances or the adoption of a zoning
amendment that is of area-wide (versus site-specific) significance (RCW 42.36.010).
Street vacations are typically legislative actions, unless clearly tied to and integrated into
a site-specific development proposal that is quasi-judicial in nature.
(c) blmgations of Council Members.
I. Council members should recognize that the Appearance of Fairness Doctrine does
not require establishment of a conflict of interest, but whether there is an
appearance of conflict of interest to the average person. This may involve a
Council member, a Council member's business associate, or a member of a
Council member's immediate family. It could involve ex parte (outside the
hearing) communications, ownership of property in the vicinity, business dealings
with the proponents or opponents before or after the hearing, business dealings of
the Council member's employer with the proponents or opponents, announced
predisposition, and the like. Prior to any quasi-judicial hearing, each Council
25
Resolution 21-062 Exhibit A
Page 27 of 58
CITY OF PORT TOWNSEND
member should give consideration to whether a potential violation of the
Appearance of Fairness Doctrine exists. If the answer is in the affirmative, no
matter how remote, the Council member should disclose such facts to the City
Manager, who will seek the opinion of the City Attorney as to whether a potential
violation of the Appearance of Fairness Doctrine exists. The City Manager shall
communicate such opinion to the Council member and to the Presiding Officer.
2. Anyone seeking to disqualify Council member(s) from participating in a decision
on the basis of a violation of the Appearance of Fairness Doctrine must raise the
challenge as soon as the basis for disqualification is made known, or reasonably
should have been made known, prior to the issuance of the decision. Upon failure
to do so, the Appearance of Fairness Doctrine may not be relied upon to
invalidate the decision. The party seeking to disqualify Council member(s) shall
state with specificity the basis for disqualification; for example, demonstrated bias
or prejudice for or against a party to the proceedings, a monetary interest in
outcome of the proceedings, prejudgment of the issue prior to hearing the facts on
the record, or ex parte contact. Should such challenge be made prior to the
hearing, the City Manager shall direct the City Attorney to interview the Council
member(s) and render an opinion as to the likelihood that an Appearance of
Fairness violation would be sustained in Superior Court. Should such challenge
be made in the course of a quasi-judicial hearing, the affected Council member(s)
shall either recuse themselves or the Presiding Officer shall call a recess to permit
the City Attorney to make such interview and render such opinion.
(d) , if(!o ,tatutor Provisions.
1. Candidates for the City Council may express their opinions about pending or
proposed quasi-judicial actions while campaigning (RCW 42.36.040), except that
sitting Council members shall not express their opinions on any such matter that
may come before the City Council.
2. A candidate for the City Council who complies with all provisions of applicable
public disclosure and ethics laws shall not be limited under the Appearance of
Fairness Doctrine from accepting campaign contributions to finance the
campaign, including outstanding debts. See RCW 42.36.050.
3. During the pendency of any quasi-judicial proceeding, no Council members may
engage in ex parte communications with proponents or opponents about a
proposal involved in the pending proceeding, unless the Council member places
on the record the substance of such oral or written communications and provided
that a public announcement of the content of the communication and of the
parties' right to rebut the substance of the communication shall be made at each
hearing where action is taken or considered on the subject. This does not prohibit
correspondence between a resident and an elected official if the correspondence is
made a part of the record, when it pertains to the subject matter of a quasi-judicial
proceeding. See RCW 42.36.060.
26
Resolution 21-062 Exhibit A
Page 28 of 58
CITY OF PORT TOWNSEND
6.2 Actions for a Public Hearing. The procedures for public hearings are attached in
Exhibit F.
End of Article 6-Public Hearing Procedures
ARTICLE 7 -REIMBURSEMENT
7.1 Purpose.
(a) The City Council recognizes and encourages Council member attendance and
participation in trainings, conferences, and seminars that will help Council members stay
current with issues and be useful to Council members' Council duties, for example
events hosted by the Association of Washington Cities, the Washington Finance
Officers' Association, or the Washington Cities Insurance Authority.
(b) In addition, the City Council recognizes and encourages Council members to meet with
other elected officials or their staff to stay connected with current issues and present
information and to work with officials on issues that affect the City, for example travel to
Olympia to meet with elected officials or their staff.
(c) Travel expenses for Council members are reimbursed on the same basis as City
employees, as set forth in the City's Personnel Policies Manual, which adopts by
reference Chapter 10 -Travel of The State of Washington Administrative &Accounting
Manual Issued by the Office of Financial Management ("OFM Travel Manual").
7.2 Travel Expenses and Reimbursement.
(a) Subject to the rule in Article 7.1, City Council members will be reimbursed for
reasonable and customary expenses incurred in the conduct of their business for the City,
including food, lodging, and travel expenses while away, but excluding any expenses for
personal entertainment and alcoholic beverages.
(b) Reimbursement for such expenses will be made subject to conformance with the
following:
1. These Council Rules;
2. Chapter 42.24 RC W, Payment of Claims for Expenses, Material, Purchases—
Advancements; and
3. Chapter 10 - Travel of The State of Washington Administrative & Accounting
Manual Issued by the Office of Financial Management("OFM Travel Manual")
(including amendments, as applicable). The City Manager determines
applicability and interpretation of the OFM Travel Manual.
27
Resolution 21-062 Exhibit A
Page 29 of 58
CITY OF PORT TOWNSEND
Terminology references in the OFM Manual are changed as follows:
Where
OFM Manual uses Change to
ate Clmmmmm
Department
Travel Expense Voucher City form providing equivalent
information
State Charge Card System City purchasingcard
Travel Authorization City form providing equivalent
information
statute Ordinance or Resolution
lution
Director of OFM City Mana eg r
7.3 Travel; Authorization; When Required.
(a) For all Council member travel when the Council member seeks travel expense
reimbursement:
I. Re Iairernent to check with City Manager on travel lens and bud et availabilit
Before making travel plans, Council members must check with the City Manager
for any comments or input on travel and training budget availability. The City
Manager may advise that the Council member's proposed travel or training
expense may impact budget availability that in the City Manager view is or
should be reserved for other Council member's expected or planned travel or
training. If the Council member and City Manager do not agree on the City
Manager's recommendation, then the City Council would resolve the matter.
2. Situation where travel reimbursement is rayq ugs�out,first checkingwvilPi
City Manama If a Council member, without checking with the City Manager on
budget availability, makes a request for travel reimbursement, such
reimbursement does not occur unless the City Manager or the City Council
subsequently approves reimbursement for the travel.
3. Travel aa'ran genncnts through Cit Administration. Council members are
encouraged to make travel arrangements through City Administration.
4„ Council member report following travel. Following travel, the Council member
shall provide a brief report of the purpose of the travel to the City Council at the
next regular meeting of the City Council.
(b) Out-of-StateTravel.ravcl. For all out-of-state Council member travel on City business where
Council members seek travel expense reimbursement or intend to use the Council travel
budget, Council members must receive prior authorization for travel from the City
Council, except the Mayor, in consultation with the City Manager, may authorize a
Council member's out-of-state travel without the City Council prior authorization if the
matter is time sensitive and there is not adequate time to bring the matter to the City
28
Resolution 21-062 Exhibit A
Page 30 of 58
CITY OF PORT TOWNSEND
Council at a regular meeting. In such circumstance, the City Manager or Mayor shall
promptly notify Council members by email or similar means.
(c) Iii-Mate Travel -J`rainin =s. For in-state Council member travel on City business to
trainings, conferences, and seminars that will be useful to the Council member's duties,
for example events hosted by the Association of Washington Cities,the Washington
Finance Officers' Association, or the Washington Cities Insurance Authority, when the
Council member seeks travel expense reimbursement, prior authorization for travel from
the City Council is not required.
d In Stale l ravel -- Iritergov r inignt l mRelations. For in-state Council member travel on
City business to meet with other elected officials or their staff to present information and
work with officials on issues that affect the City, for example travel to Olympia to meet
with elected officials and their staffs when the Council member seeks travel expense
reimbursement, prior authorization for travel from the City Council is not required.
(e) "q"ravel .Ocher. For all other Council member travel on City business when the Council
member seeks travel expense reimbursement, and subject to available budget, prior
authorization for travel from the City Council is required.
End of Article 7-Reimbursement
29
Resolution 21-062 Exhibit A
Page 31 of 58
CITY OF PORT TOWNSEND
EXHIBIT A
RESOLUTION NO. 98-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND
ESTABLISHING A POLICY OF ACTION MINUTES FOR THE CITY COUNCIL
WHEREAS, the Government Operations Committee has recommended to the full City Council
adoption of a policy of streamlining the practice of taking detailed minutes for the
City Council, and
WHEREAS, it is in the best interest of the City to establish a uniform policy for the preparation
of council minutes; and
WHEREAS, the preparation of"action minutes"maximizes personnel resources and is more
cost effective and time efficient; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Port
Townsend as follows:
SECTION 1. The policy of taking action minutes for the City Council is established,
SECTION 2. The following information shall be reflected in the action minutes:
A. Name of the body.
B. Date, hour, and place of the meeting.
C. The names of members in attendance and members absent. If a member arrives
late or departs before adjournment, the minutes should reflect the time of arrival
and/or departure at that point in the minutes.
D. Whether it is a regular, adjourned, or special meeting.
E. That proper notice has been given if it is a special meeting.
F. Time the meeting commenced. Time of meeting recess (if any).
G. Topics of business.
H. Actions taken on each business item:
- Record motions and votes
- Include direction given to staff by general consensus.
I. Statements made "for the record"or which clarify the intent of the body.
J. Oral communications/public comment need only reference the name of the person,
subject matter addressed, and direction (if any) given.
K. Adjournment time and, if applicable, whether the meeting was adjourned to
another time prior to the next regular meeting.
L. Signature block for the City Clerk.
30
Resolution 21-062 Exhibit A
Page 32 of 58
CITY OF PORT TOWNSEND
SECTION 3. With respect to public hearings, the action minutes shall include:
A. The fact that the public hearing was opened.
B. The fact that required notice was given, the manner of giving notice (publishing,
posting, mailing), dates(s) of publishing, posting or mailing, and number of copies
posted or mailed (if this information is given in the staff report accompanying the
public hearing, it need not be repeated in the minutes).
C. Appropriate reference to any written evidence in the form of statements, affidavits,
reports, photographs, maps, correspondence, or other objects filed at the hearing
and included as part of the record.
D. The names of people who spoke and whether their testimony was for or against the
hearing subject.
E. Findings of the body (if the findings are modified or otherwise not incorporate d in
the ordinance, resolution or staff report as a result of the hearing).
F. The motion and vote to close the public hearing. If the hearing is continued,the
date, time and place of the continued hearing shall be reflected in the minutes.
G. Statements made "for the record" or which clarify the intent of the body.
H. Action taken on the subject matter:
- Record motions and votes
- Include direction given to staff by general consensus
SECTION 4. The audio tapes of City Council meetings shall be maintained by the City
Clerk for a period of six years, according to the state retention schedule.
ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor on this
sixth day of April, 1998.
Julie McCulloch, Mayor
Attest: Approved as to Form:
Pamela Kolacy, City Clerk Timothy L. McMahan, City Attorney
EDITOR'S NOTE- This resolution was adopted and signed on April 6, 1999.
31
Resolution 21-062 Exhibit A
Page 33 of 58
CITY OF PORT TOWNSEND
EXHIBIT B
PARLIAMENTARY PROCEDURE AT A GLANCE
PARLIAMENTARY PROCEDURE AT A GLANCE (cannot be amended)
May you Must be Is motion Vote
To do this: You say this: interrupt seconded debatable re uired
speaker? ? ? 9
Introduce business "I move that .,," NO YES YES MAJORITY
Amend a motion "I move to amend this motion" NO YES YES MAJORITY
Request information "Point of information" YES NO NO NO VOTE
Suspend further "I move we table it"
discussion NO YES NO MAJORITY
End debate "I move the previous question ..." NO YES NO 2/3 VOTE
Postpone discussion "I move we postpone this matter until
NO YES YES MAJORITY
Have something further "I move we refer _"
studied by a committee NO YES YES MAJORITY
Ask for a vote count to "I call for a division of the house"
verify a voice vote NO NO NO NO VOTE
Object to considering "I object to consideration of this"
some matter YES NO NO 2/3 VOTE
I
Take up a matter "I move to take from the table..."
previously tabled NO YES NO MAJORITY
Reconsider something "I move we reconsider action on ..."'
already disposed of YES YES YES MAJORITY
Consider something in "I move we suspend the rules and ..."
unscheduled order NO YES NO 2/3 VOTE
Vote on a ruling by the "I appeal the chair's decision"
chair YES YES YES MAJORITY
Object to procedure or "Point of order"
personal affront--chair
decides YES NO NO NO VOTE
Complain about noise, "Point of privilege"
room temperature, etc. YES NO NO NO VOTE
Recess the meeting "I move that we recess until ..." NO YES NO MAJORITY
Adjourn the meeting "I move that we adjourn" NO YES NO MAJORITY
32
Resolution 21-062 Exhibit A
Page 34 of 58
CITY OF PORT TOWNSEND
EXHIBIT C
AGENDA FORMAT
PORT TOWNSEND CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
Business Meeting 6:30 p.m. Date
I. Call to Order and Pledge of Allegiance
II. Roll Call
III. Changes to the Agenda
IV. Proclamation(s)
V. Comments from the Public (re consent agenda items and items not on the agenda)
A. Public comment
B. Mayor,Councilor,City Manager Response
VI. Consent Agenda
A. Approval of Bills,Claims and Warrants
B. Approval of Minutes:
Action: Motion to adopt the consent agenda or request to remove any individual item from the
consent agenda.
VII. Public Hearing(s)
VIII. Unfinished Business
VIX. New Business
X. Presiding Officer's Report
XI. City Manager's Report
XII. Standing Committee Reports
XIII. Suggestions for next or future agenda, regular meeting and/or study session
XIV. Comments from Council
XV. Executive Session
XVI. Adjourn
Americans with Disabilities Act
In compliance with the Americans with Disabilities Act those requiring accommodation for this meeting should notes
the City Clerk's Office at least 24 hours prior to the meeting at(360) 379-5045.
33
Resolution 21-062 Exhibit A
Page 35 of 58
CITY OF PORT TOWNSEND
EXHIBIT D
LIST OF STANDING COMMITTEES AND MISSION STATEMENTS
COMMITTEES
The Council shall have a Finance and Budget standing committee, an Infrastructure standing
committee, and a Culture and Society standing committee. Other committees may be formed by
resolution as ad hoc committees when needed.
Any ad hoc committees shall be created by Council resolution that will define the purpose and
role of each committee. Ad hoc committees will cease meeting once the committee has
completed their assigned tasks.
The committees are created to support the Council in review of complex issues and provide a
means to facilitate public policy formation. The committees are also assigned as the Council's
liaison with resident-based advisory board activities.
The committees are not intended to supplant the Council's role. The Council assigns agenda
items to the committees that are consistent with the City's strategic and work plans.
A regular meeting schedule will be determined by each committee and reported to the Clerk for
purposes of public notice and inclusion in the Meetings Update, the City web site, and elsewhere
as appropriate.
FINANCE AND BUDGET COMMITTEE
Mission Statement:
The committee is entrusted with the responsibility of advising and making recommendations in
regard to the formulation of City Council policy with respect to matters relating to the City's
finances, including the budget, rates and fees, risk management, interlocal agreements, and grants.
The Committee will oversee the City's Lodging Tax Advisory Committee.
In addition,the committee, with the consent of the City Council, may create such subcommittees
as it may deem necessary or expedient to expand public process and participation. The
Committee may recommend such task forces or advisory boards as it may deem necessary, as
opposed to creating such subcommittees.
CULTURE AND SOCIETY COMMITTEE
Mission Statement:
The committee is entrusted with the responsibility of advising and making recommendations in
regard to the formation of City Council policy with respect to matters relating to the City culture
and society. The committee will oversee the Library Advisory Board and the Arts Commission.
34
Resolution 2/-062 Exhibit A
Page 36 of 58
CITY OF PORT TOWNSEND
In addition, the committee, with the consent of the City Council, may create such subcommittees
as it may deem necessary or expedient to expand public process and participation. The
Committee may recommend such task forces or advisory boards as it may deem necessary, as
opposed to creating such subcommittees.
INFRASTRUCTURE AND DEVELOPMENT COMMITTEE
Mission Statement:
The committee is entrusted with the responsibility of advising and making recommendations in
regard to the formation of City Council policy with respect to matters relating to the City's
infrastructure assets needs, including the acquisition, construction, and maintenance of City
streets, sidewalks, rights of way, parks, utility assets, and other physical structures. The
committee will oversee Parks, Recreation, and Tree Advisory Board.
In addition, the committee, with the consent of the City Council, may create such subcommittees
as it may deem necessary or expedient to expand public process and participation. The
Committee may recommend such task forces or advisory boards as it may deem necessary, as
opposed to creating such subcommittees.
35
Resolution 21-062 Exhibit A
Page 37 of 58
CITY OF PORT TOWNSEND
EXHIBIT E
CITY MANAGER EVALUATION FORM
City of Port Townsend
Evaluation period: _ to
..........................
Council member's Name
Each member of the City Council should complete this evaluation form, sign it in the space
below, and return it to the Human Resources Manager. The deadline for submitting this
performance evaluation is Evaluations will be summarized and included on
the agenda for discussion in executive session on
-- .......
Mayor's Signature
......__................-
Date
......................................................................---...- Council memberW..........'s S�...............................�
ignature
Date Submitted
36
Resolution 21-062 Exhibit A
Page 38 of 58
CITY OF PORT TOWNSEND
INSTRUCTIONS
This evaluation form contains ten categories of evaluation criteria. Each category contains a
statement to describe a behavior standard in that category. For each statement, use the following
scale to indicate your rating of the City Manager's performance:
5 =Excellent(almost always exceeds the performance standard)
4=Above average (generally exceeds the performance standard)
3 =Average (generally meets the performance standard)
2= Below average (usually does not meet the performance standard)
1 =Poor(rarely meets the performance standard)
Any item left blank will be interpreted as a score of"3 =Average"
This evaluation form also contains a provision for entering narrative comments, including an
opportunity to enter responses to specific questions and an opportunity to list any comments you
believe appropriate and pertinent to the rating period. Please write legibly.
Leave all pages of this evaluation form attached. Initial each page. Sign and date the cover page.
On the date space of the cover page, enter the date the evaluation form was submitted. All
evaluations presented prior to the deadline identified on the cover page will be summarized into a
performance evaluation to be presented by the City Council to the City Manager as part of the
agenda for the meeting indicated on the cover page.
PERFORMANCE CATEGORY SCORING
1. INDIVIDUAL CHARACTERISTICS
Diligent and thorough in the discharge of duties, "self-starter"
Exercises good judgment
Displays enthusiasm, cooperation, and will to adapt
Mental and physical stamina appropriate for the position
Exhibits composure, appearance and attitude appropriate for executive position
Add the values from above and enter the subtotal - 5 = score for this category.
37
Resolution 21-062 Exhibit A
Page 39 of 58
CITY OF PORT TOWNSEND
2. PROFESSIONAL SKILLS AND STATUS
Maintains knowledge of current developments affecting the practice of local
government management
Demonstrates a capacity for innovation and creativity
Anticipates and analyzes problems to develop effective approaches for solving
them
Willing to try new ideas proposed by governing body members and/or staff
Sets a professional example by handling affairs of the public office in a fair and
impartial manner
Add the values from above and enter the subtotal - 5 = score for this category.
3. RELATIONS WITH ELECTED MEMBERS OF THE GOVERNING BODY
Carries out directives of the body as a whole as opposed to those of any one
member or minority group
Sets meeting agendas that reflect the guidance of the governing body and avoids
unnecessary involvement in administrative actions
Disseminates complete and accurate information equally to all members in a
timely manner
Assists by facilitating decision making without usurping authority
Responds well to requests, advice, and constructive criticism
Add the values from above and enter the subtotal - 5 = score for this category.
4. POLICY EXECUTION
Implements governing body actions in accordance with the intent of council
Supports the actions of the governing body after a decision has been reached, both
inside and outside the organization
Understands, supports, and enforces local government's laws, policies, and
ordinances
Reviews ordinance and policy procedures periodically to suggest improvements to
their effectiveness
Offers workable alternatives to the governing body for changes in law or policy
when an existing policy or ordinance is no longer practical
Add the values from above and enter the subtotal - 5 = score for this category,
38
Resolution 21-062 Exhibit A
Page 40 of 58
CITY OF PORT TOWNSEND
5. REPORTING
Provides regular information and reports to the governing body concerning matters
of importance to the local government, using the city charter as guide
Responds in a timely manner to requests from the governing body for special
reports
Takes the initiative to provide information, advice, and recommendations to the
governing body on matters that are non-routine and not administrative in nature
Reports produced by the manager are accurate, comprehensive, concise and
written to their intended audience
Produces and handles reports in a way to convey the message that affairs of the
organization are open to public scrutiny
Add the values from above and enter the subtotal - 5 = score for this category.
6. CITIZEN RELATIONS
Responsive to requests from residents
Demonstrates a dedication to service to the community and its residents
Maintains a nonpartisan approach in dealing with the news media
Meets with and listens to members of the community to discuss their concerns and
strives to understand their interests
Gives an appropriate effort to maintain resident satisfaction with city services
Add the values from above and enter the subtotal - 5 = score for this category.
7. STAFFING
Recruits and retains competent personnel for staff positions
Applies an appropriate level of supervision to improve any areas of substandard
performance
Stays accurately informed and appropriately concerned about employee relations
Professionally manages the compensation and benefits plan
Promotes training and development opportunities for employees at all levels of the
organization
Add the values from above and enter the subtotal ___,_ -5 = score for this category.
39
Resolution 21-062 Exhibit A
Page 41 of 58
CITY OF PORT TOWNSEND
8. SUPERVISION
Encourages heads of departments to make decisions within their jurisdictions with
minimal city manager involvement, yet maintains general control of operations by
providing the right amount of communication to the staff
Instills confidence and promotes initiative in subordinates through supportive
rather than restrictive controls for their programs while still monitoring operations
at the department level
Develops and maintains a friendly and informal relationship with the staff and
work force in general, yet maintains the professional dignity of the city manager's
office
Sustains or improves staff performance by evaluating the performance of staff
members at least annually, setting goals and objectives for them, periodically
assessing their progress, and providing appropriate feedback
Encourages teamwork, innovation, and effective problem-solving among the staff
members
Add the values from above and enter the subtotal - 5 = score for this category.
9. FISCAL MANAGEMENT
Prepares a balanced budget to provide services at a level directed by council
Makes the best possible use of available funds, conscious of the need to operate the
local government efficiently and effectively
Prepares a budget and budgetary recommendations in an intelligent and accessible
format
Ensures actions and decisions reflect an appropriate level of responsibility for
financial planning and accountability
Appropriately monitors and manages fiscal activities of the organization
Add the values from above and enter the subtotal - 5 = score for this category.
10. COMMUNITY
Shares responsibility for addressing the difficult issues facing the city
Avoids unnecessary controversy
Cooperates with neighboring communities and the county
Helps the council address future needs and develop adequate plans to address long
term trends
Cooperates with other regional, state and federal government agencies
Add the values from above and enter the subtotal - 5 = score for this category.
40
Resolution 2/-062 Exhibit A
Page 42 of 58
CITY OF PORT TOWNSEND
NARRATIVE EVALUATION
What would you identify as the City Manager's strength(s), expressed in terms of the
principle results achieved during the rating period?
What performance area(s)would you identify as most critical for improvement?
41
Resolution 21-062 Exhibit A
Page 43 of 58
CITY OF PORT TOWNSEND
What constructive suggestions or assistance can you offer the City Manager to enhance
performance?
What other comments do you have for the City Manager; e.g., priorities,expectations,goals
or objectives for the new rating period?
42
Resolution 21-062 Exhibit A
Page 44 of 58
CITY OF PORT TOWNSEND
EXHIBIT F
PUBLIC HEARING PROCEDURES
Council Rules—Exhibit F
F(1)
L- lislaltive Public f learinProcedure,
The procedure for Public Hearings involving a legislative matter shall be substantially as
follows:
O aenig [All statements by Mayor/Presiding Officer.]
1. The public hearing for the (state name of matter) is now open.
2. All persons wishing to be heard should have signed in at the sign-in at the table in front.
If you have not done so, please do so now.
Rules of Order
3. These rules are intended to promote an orderly system of holding a public hearing, to give
every person an opportunity to be heard and to ensure that no individual is embarrassed by
exercising their right of free speech.
4. The public hearing will proceed in an orderly fashion and I would like to ask your
cooperation in the following procedures:
5. It is not necessary to be a proponent or opponent in order to speak.
6. Everyone will be given an opportunity to be heard. All comments shall be made from the
speaker's rostrum, and any individual making comments shall first give his or her name
and address. Please speak slowly and clearly. This is required because an official
recorded transcript of the hearing is being made. If there is an appeal, the court must
make its decision on the basis of what was said here.
7. If anyone requires special accommodation in order to speak, please let me know and we
will make arrangements.
8. In fairness to all in attendance, each person will be given an opportunity to address the
Council for an initial period not to exceed 3 minutes. If more time is needed, it will be
made available after everyone has had a chance to speak. I am requesting Council
members to hold their questions of the public until everyone is done.
9. There shall be no demonstrations (clapping, cheering) during or at the conclusion of
anyone's presentation.
10. This is the time for presentation of testimony. No debate is allowed,
11. Do any Council members have any interests, financial or property, to disclose in
connection with this matter?
43
Resolution 21-062 Exhibit A
Page 45 of 58
CITY OF PORT TOWNSEND
P.11r gyrose of Head g and Drder ) g kig
12. The purpose of this hearing is for the Council to hear and consider pertinent facts and to
take action relating to the (name of action—from the agenda).
13. The order of speaking will be:
a. Staff presentation
b. Then comment from members of the public in attendance; to the extent possible,
we will alternate between speakers for and against the matter at issue.
c. Then response from staff
d. Then questions from Council members
Staff Presentation
14. Before hearing from members of the public, 1 am going to introduce (name
in memo in agenda packet) who will make the staff presentation.
Public Testimony and Comment
15. (To Clerk) Are there any written materials that have been submitted, or does anyone wish
to submit written materials without speaking? (Any documents are given to City Attorney,
who will read or summarize the document.)
16. At this time, the floor is open for comments from the public,
uestiLms and Answers
17. Does staff wish to respond to any subjects raised by any speaker, or make any additional
statement?
18. At this time, any Council member may ask any questions of any speaker or staff. (Any
person recalled will speak from the rostrum.)
19. Does anyone in the audience have any comments solely to clarify any item raised by a
Council member's questions? Please, no new issues can be presented, and please do not
repeat your or any other person's previous testimony. Your comments should be limited
to clarifying any item raised by any Council member or staff.
Council Discussion
20. There being no further testimony, I will close the public testimony portion of the hearing..
21. It is now in order for the Council to discuss this matter and for a Council member to make
a motion to take action or postpone. (Mayor calls on Council members wishing to be
recognized.)
22. Is there any further discussion by Council members?
23. Is there any further recommendation or comments from staff?
44
Resolution 2/-062 Exhibit A
Page 46 of 58
CITY OF PORT TOWNSEND
24. Does any Council member, or staff, wish to keep the public record open for the submittal
of additional materials?
a. [If so, ask staff for a date when they want the record to be closed, and ask Council
to make a motion to keep the record open until that date. The motion should be
specific that the record will close at 4:30 p.m., local time, on that date. Then, say
"The record in this matter shall remain open until 4:30 p.m. local time on (date in
motion). The public hearing in this matter is now closed]".
b. [If not, say "The record in this matter is now closed, and the public hearing is now
closed."]
25. Motions from Council.
a. [If there has been a request to keep the record open,]May I have a motion to
continue this matter to a date after the close of the record? [Ask staff and the City
Clerk for a possible future council date]
b. [If there has not been a request to keep the record open]. Is there a motion from
Council?
45
Resolution 21-062 Exhibit A
Page 47 of 58
CITY OF PORT TOWNSEND
F(2)
nasi-3tidicial public. Hearing Procedures Script
The procedure for Public Hearings involving a Quasi-Judicial matter shall be substantially as
follows.-
Open i m
ollows:O :enin o [All statements by Mayor/Presiding Officer.]
1. The public hearing for the (state name of application) is now open.
2. All persons wishing to be heard should have signed in at the sign-in at the table in front.
If you have not done so, please do so now.
Rules of Order
3. These rules are intended to promote an orderly system of holding a public hearing, to give
every person an opportunity to be heard and to ensure that no individual are embarrassed by
exercising their right of free speech.
4. The public hearing will proceed in an orderly fashion and I would like to ask your
cooperation in the following procedures:
5. It is not necessary to be a proponent or opponent in order to speak.
6. Everyone will be given an opportunity to be heard. All comments shall be made from the
speaker's rostrum, and any individual making comments shall first give his or her name and
address. Please speak slowly and clearly. This is required because an official recorded
transcript of the hearing is being made. If there is an appeal, the court must make its decision
on the basis of what was said here.
7. If anyone requires special accommodation in order to speak, please let me know and we
will make arrangements.
8. In fairness to all in attendance, each person will be given an opportunity to address the
Council for an initial period not to exceed 3 minutes. The applicant shall be given 5 minutes
to make their initial presentation. If more time is needed, it will be made available after
everyone has had a chance to speak. I am requesting Council members to hold their questions
of the public until everyone is done.
9. There shall be no demonstrations (clapping or cheering) during or at the conclusion of
anyone's presentation.
10. This is the time for presentation of testimony. No debate is allowed,
46
Resolution 21-062 Exhibit A
Page 48 of 58
CITY OF PORT TOWNSEND
SwearNTi 9T1
11. The City Attorney will now swear in all those who have signed in and who wish to testify.
Please stand and raise your right hand.
A vearance of 1"airne;ss and Conflict of Interest Issues
12. This hearing is quasi-judicial in nature, and therefore the appearance of fairness and
conflict of interest rules apply. Quasi-judicial actions are defined as actions of the Council
that determine legal rights, duties, or privileges of specific parties in a hearing. The public
hearing must be fair in three respects: form, substance and appearance.
13. [Option A -Long Form] All council members, and this includes the Mayor, should now
give consideration as to whether they have (1) a demonstrated bias or prejudice for or against
any party to the proceedings; (2) a direct or indirect monetary interest in the outcome of the
proceedings; (3) a prejudgment of the issue prior to hearing the facts on the record, or(4) ex
parte contact with any individual, excluding administrative staff, with regard to an issue prior
to the hearing. Does any Council member have an Appearance of Fairness or Conflict of
Interest issue or disclosure to make? Seeing none, . . .. (to next item, or if there is a question
or disclosure, refer to City Attorney.)
[Option B-Short Form] Do any Council members, and this includes the Mayor, have an
interest in this property or issue, or stand to gain or lose any financial benefit as a result of
the outcome of this hearing, or have any disclosures to make? Seeing none, . . . [to next
item, or if there is a question or disclosure, refer to City Attorney.]
14. Is there anyone in the audience who objects to my participation or any other Council
member's participation in these proceedings? (Refer any affirmative answer to City Attorney.)
PU o e cLf 11c;a1,[ing a d f)f)rd r of S,eaing
15. The purpose of this hearing is for the Council to hear and consider pertinent facts and to
take action relating to the (name of proposal—from the agenda).
16. The order of speaking will be:
a. Staff presentation
b. Then comments from the applicant
c. Then comments from proponents, and persons in support of the application.
d. Then comments from opponents, and persons in opposition to the application.
e. The comments from any others wishing to speak
f. Then any comment from the applicant in response
g. Then response from staff
h. Then questions from Council members
Staff Presentation
17. Before hearing from the audience, I am going to introduce (name in memo
47
Resolution 21-062 Exhibit A
Page 49 of 58
CITY OF PORT TOWNSEND
in agenda packet) who will make the staff presentation.
Public .I"estinionyw and Comm tent
18. (To Clerk) Are there any written materials that have been submitted, or does anyone wish
to submit written materials without speaking? (Any documents are given to City Attorney,
who will read or summarize the document.)
19. I will call upon the applicant to speak.
20. Is there anyone else who favors the item, or is neutral, who wishes to speak.
21. At this time, I will call upon opponents to speak.
22. Are there any other opponents, or anyone else who has not spoken, who wishes to speak.
23. I will now call upon the applicant to speak in rebuttal. You may not introduce new
material.
�t estimis and Ansvvrs
24. Does staff wish to respond to respond to any subjects raised by any speaker, or make any
additional statement?
25. At this time, any Council member may ask any questions of any speaker or staff. (Any
person recalled will speak from the rostrum.)
26. Does anyone in the audience have any comments solely to clarify any item raised by a
Council member's questions? Please, no new issues can be presented, and please do not
repeat your or any other person's previous testimony. Your comments should be limited
to clarifying any item raised by any Council member or staff.
Council Discussion
27. There being no further testimony, I will close the public testimony portion of the hearing.
It is now in order for the Council to discuss this matter and for a Council member to make
a motion to take action or postpone. (Mayor calls on Council members wishing to be
recognized.)
28. Is there any further discussion by Council members?
29. Is there any further recommendation or comments from staff.
30. Does any party, or staff, wish to keep the public record open for the submittal of
additional materials?
a. [If so, ask staff for a date when they want the record to be closed, and ask Council
to make a motion to keep the record open until that date. The motion should be
specific that the record will close at 4:30 p.m., local time, on that date. Then, say
"The record in this matter shall remain open until 4:3Op.m. local time on (date in
motion). The public hearing in this matter is now closed]".
48
Resolution 21-062 Exhibit A
Page 50 of 58
CITY OF PORT TOW tNSEND
b. [If not, say "The record in this matter is now closed, and the public hearing is now
closed."]
31. Motions from Council.
a. [If there has been a request to keep the record open,]May I have a motion to
continue this matter to a date after the close of the record? [Ask staff and the City
Clerkfor a possible future council date]
b. [If there has not been a request to keep the record open]. Is there a motion from
Council? (Mayor states the motion and calls for a vote. Following a vote by the
Council) Staff is directed to prepare findings and decision
49
Resolution 21-062 Exhibit A
Page 51 of 58
CITY OF PORT TOW NSEND
F(3)
Quasi-.Judicial Closed Record A L) )eal Procedures—,Script
The procedure for Public Hearings involving a Quasi-Judicial closed record appeal (for
example, major CUPs,plats, PUDs) shall be substantially as follows:
Q:chin�, [All statements by Mayor/Presiding Officer.]
1. The closed record appeal for the (state name of application) is now open.
2. All persons who participated in the open record hearing on this matter before the Hearing
Examiner wishing to be heard should have signed in at the sign-in at the table in front. If you
have not done so, please do so now.
Rules of Order
3. The public hearing will proceed in an orderly fashion and I would like to ask your
cooperation in the following procedures: This is a closed record appeal. There has been an
open record hearing before the Hearing Examiner. Under state law, there is only one public
hearing allowed in this proceeding. This closed record appeal means the Council bases its
decision on the record developed at the public hearing before the Hearing Examiner; therefore
no new testimony is allowed except in very limited circumstances. If a party has submitted a
motion to supplement the record, Council will deliberate and vote on that motion before
hearing argument from the parties. Comments from speakers must be in the nature of
argument only, based on and limited to facts in the written and oral record developed before
the Hearing Examiner. If anyone presents comments that are not based on facts in the record,
anyone may make an objection. If an objection is made, the person speaking will stop until
the issue of the objection is resolved.
4. All comments shall be made from the speaker's rostrum, and any individual making
comments shall first give his or her name and address. Please speak slowly and clearly. This
is required because an official recorded transcript of the hearing is being made. If there is an
appeal, the court must make its decision on the basis of what was said here and the record.
5. If anyone requires special accommodation in order to speak, please let me know and we
will make arrangements.
6. In fairness to all in attendance, each person will be given an opportunity to address the
Council for an initial period not to exceed 3 minutes. The appellant shall be given 5 minutes
to make their initial presentation. If more time is needed, it will be made available after
everyone has had a chance to speak. I am requesting Council members to hold their questions
of the public until everyone is done.
7. It is not necessary to be a proponent or opponent in order to speak.
8. There should be no demonstrations (clapping or cheering) during or at the conclusion of
50
Resolution 21-062 Exhibit A
Page 52 of 58
CITY OF PORT TOWNSEND
anyone's presentation.
Appearance of Fairness and Conflict of Interest Issues
9. This hearing is quasi-judicial in nature, and therefore the appearance of fairness and
conflict of interest rules apply. Quasi-judicial actions are defined as actions of the Council
that determine legal rights, duties, or privileges of specific parties in a hearing. The public
hearing must be fair in three respects: form, substance and appearance.
10. [Option A -Long Form] All council members, and this includes the Mayor, should now
give consideration as to whether they have (1) a demonstrated bias or prejudice for or against
any party to the proceedings; (2) a direct or indirect monetary interest in the outcome of the
proceedings; (3) a prejudgment of the issue prior to hearing the facts on the record, or(4) ex
parte contact with any individual, excluding administrative staff, with regard to an issue prior
to the hearing. Does any Council member have an Appearance of Fairness or Conflict of
Interest issue or disclosure to make? Seeing none, . . .. (to next item, or if there is a question
or disclosure, refer to City Attorney.)
[Option B-Short Form] Do any Council members, and this includes the Mayor, have an
interest in this property or issue, or stand to gain or lose any financial benefit as a result of
the outcome of this hearing, or have any disclosures to make? Seeing none, . . . [to next
item, or if there is a question or disclosure, refer to City Attorney.]
11. Is there anyone in the audience who objects to my participation or any other Council
member's participation in these proceedings? (Refer any affirmative answer to City Attorney.)
Purpose of 1-lea in and 1rc1e1 �al'S eakin r
12. The purpose of this hearing is for the Council to hear the appeal and to take action relating
to the (name of proposal—from the agenda).
13. The order of speaking will be:
c. Staff presentation
d. Then argument from the appellant, or those in support of the application, or those
who are neutral
e. Then argument from opponents to the appeal, or those who are neutral
f. Then any argument from the applicant in response
g. Then response from staff
h. Then questions from Council members
Staff Presentation
14. Is there a pending motion to supplement the record?City Attorney to respond.
a. If there is a motion, it will be in Council packets. City Attorney will summarize the
motion, and the criteria for granting or denying the motion. If there is a motion pending, after
the City Attorney's presentation, ask Council if they are ready to make a decision on that
motion, or if they wish to adjourn to a closed session to deliberate on that motion.
1) If Council is ready to vote, ask for a motion to grant or deny the motion to
51
Resolution 21-062 Exhibit A
Page 53 of 58
CITY OF PORT TOWNSEND
supplement the record.
2) If Council wishes to deliberate, say"Council will now adjourn to a closed
session to deliberate on this motion. We shall return to the hearing in minutes" (then
adjourn)
3) On return from deliberations, ask for a motion to grant or deny the motion to
supplement the record.
b. If there is no pending motion to supplement the record, continue.
Before hearing argument, I am going to introduce (name in memo in agenda
packet) who will make the staff presentation.
I'Lablic 1Tyestimony anndd C oninient
15. (To Clerk) Are there any written materials that have been submitted, or does anyone wish
to submit written materials without speaking? (Any documents are given to City Attorney,
who will read or summarize the document.)
16. I will call upon the appellant to speak.
17. Is there anyone else who favors the item, or is neutral, who wishes to speak.
18. At this time, I will call upon opponents to speak.
19. Are there any other opponents, or anyone else who has not spoken, who wishes to speak.
20. I will now call upon the applicant to speak in rebuttal.
Qucstlons and Answers
21. Does staff wish to respond to respond to any subjects raised by any speaker, or make any
additional statement?
22. At this time, any Council member may ask any questions of any speaker or staff. (Any
person recalled will speakfrom the rostrum.)
23. Does any speaker have any comments solely to clarify any item raised by a Council
member's questions? Please, no new issues can be presented, and please do not repeat your or
any other person's previous testimony. Your comments should be limited to clarifying any
item raised by any Council member or staff.
Council Discussion
24. There being no further comment, I will close this portion of the hearing. It is now in order
for the Council to discuss this matter and for a Council member to make a motion to take
action or postpone.
a. RCW 42.30.140(2) allows, but does not require, the Council to deliberate (but not vote)
on quasi-judicial matters in a closed session. Does any Councilor wish to make a motion to
adjourn to a closed session?(If so, vote on motion if it passes, adjourn for a set period of time
52
Resolution 21-062 Exhibit A
Page 54 of 58
CITY OF PORT TOWNSEND
for deliberations)
b. If no one wants to go to a closed session, or the vote to do so fails: (Mayor calls on
Council members wishing to be recognized.)
25.(Upon conclusion of discussion and return, if applicable, from closed session): Does any
Councilor wish additional briefing on any matter related to this issue? Remember, that any
supplemental briefing must be in the form of argument, not additional facts, (If so, have the
City Attorney work the with Councilor to frame the motion, then vote)
26. Is there any further discussion by Council members?
27. Is there any further recommendation or comments from staff?
28. (Mayor states the motion and calls for a vote. Following a vote by the Council) Staff is
directed to prepare findings and decision.
F(4)
Quasi-Judicial Closed Record Hearing,Procedures—Script
The procedure for Public Hearings involving a Quasi-Judicial closed record hearing, where
there is no appeal (for example, major CUPs,plats, PUDs), shall be substantially asfollows.-
:)� ening[All statements by Mayor/Presiding Officer.]
1. The closed record hearing for the (state name of application) is now open.
2. All persons who participated in the open record hearing on this matter before the Planning
Commission [or Hearing Examiner] wishing to be heard should have signed in at the sign-
in at the table in front. If you have not done so, please do so now.
Rules of Order
3. It is not necessary to be a proponent or opponent in order to speak.
4. The public hearing will proceed in an orderly fashion and I would like to ask your
cooperation in the following procedures: This is a closed record hearing. There has been
an open record hearing before the Planning Commission [or Hearing Examiner]. Under
state law, there is only one public hearing allowed in this proceeding. This closed record
hearing means the Council bases its decision on the record developed at the public hearing
before the Planning commission.
Therefore no new testimony is allowed except in very limited circumstances. If a party
has submitted a motion to supplement the record, Council will deliberate and vote on that
motion before hearing argument from the parties. Comments from speakers must be in the
nature of argument only, based on and limited to facts in the written and oral record
developed before the Planning Commission. If anyone presents comments that are not
53
Resolution 21-062 Exhibit A
Page 55 of 58
CITY OF PORT TOWNSEND
based on facts in the record, anyone may make an objection. If an objection is made, the
person speaking will stop until the issue of the objection is resolved.
5. All comments shall be made from the speaker's rostrum, and any individual making
comments shall first give his or her name and address. Please speak slowly and clearly.
This is required because an official recorded transcript of the hearing is being made. If
there is an appeal, the court must make its decision on the basis of what was said here and
the record.
6. If anyone requires special accommodation in order to speak, please let me know and we
will make arrangements.
7. In fairness to all in attendance, each person will be given an opportunity to address the
Council for an initial period not to exceed 3 minutes. The applicant shall be given 5
minutes to make their initial presentation. If more time is needed, it will be made
available after everyone has had a chance to speak. I am requesting Council members to
hold their questions of the public until everyone is done.
8. There shall be no demonstrations (clapping or cheering) during or at the conclusion of
anyone's presentation.
Appearance c fhairness and Conflict of Interest Issues
9. This hearing is quasi-judicial in nature, and therefore the appearance of fairness and
conflict of interest rules apply. Quasi-judicial actions are defined as actions of the Council
which determine legal rights, duties, or privileges of specific parties in a hearing. The
public hearing must be fair in three respects: form, substance and appearance.
10. [Option A -Long Form] All council members, and this includes the Mayor, should now
give consideration as to whether they have (1) a demonstrated bias or prejudice for or
against any party to the proceedings; (2) a direct or indirect monetary interest in the
outcome of the proceedings; (3) a prejudgment of the issue prior to hearing the facts on
the record, or(4) ex parte contact with any individual, excluding administrative staff, with
regard to an issue prior to the hearing. Does any Council member have an Appearance of
Fairness or Conflict of Interest issue or disclosure to make? Seeing none, . . .. (to next
item, or if there is a question or disclosure, refer to City Attorney.)
[Option B-Short Form] Do any Council members, and this includes the Mayor, have an
interest in this property or issue, or stand to gain or lose any financial benefit as a result of
the outcome of this hearing, or have any disclosures to make? Seeing none, . . . [to next
item, or if there is a question or disclosure, refer to City Attorney.]
11. Is there anyone in the audience who objects to my participation or any other Council
member's participation in these proceedings? (Refer any affirmative answer to City
Attorney.)
1�;0e gEjIT.,[garin and Order of S pe ,
12. The purpose of this hearing is for the Council to take action relating to the (name of
proposal—from the agenda).
54
Resolution 21-062 Exhibit A
Page 56 of 58
CITY OF PORT TOWNSEND
13. The order of speaking will be;.
a. Staff presentation
b. Then presentation from the applicant
c. Then presentation from the public; to the extent possible, we will alternate between
proponents and opponents of the application.
d. Then any response from the applicant
e. Then response from staff
f. Then questions from Council members
Staff Presentation
14. Before hearing from the applicant and the public, I am going to introduce
(name in memo in agenda packet) who will make the staff presentation.
Public Testinion and Comment
15. (To Clerk) Are there any written materials that have been submitted, or does anyone wish
to submit written materials without speaking? (Any documents are given to City Attorney,
who will read or summarize the document)
16. 1 will call upon the applicant to speak.
17. Now I will call on members of the public who have signed up. If you have not signed up
and wish to speak, you will be given an opportunity after all who have signed up have
spoken.
18. I will now call upon the applicant to speak in rebuttal.
QLICfl0ns and Answers
19. Does staff wish to respond to respond to any subjects raised by any speaker, or make any
additional statement?
20. At this time, any Council member may ask any questions of any speaker or staff. (Any
person recalled will speak from the rostrum.)
21. Does any speaker have any comments solely to clarify any item raised by a Council
member's questions? Please, no new issues can be presented, and please do not repeat
your or any other person's previous testimony. Your comments should be limited to
clarifying any item raised by any Council member or staff.
Council Discussion
22. There being no further comment, I will close this portion of the hearing. It is now in order
for the Council to discuss this matter and for a Council member to make a motion to take
action or postpone.
55
Resolution 21-062 Exhibit A
Page 57 of 58
CITY OF PORT TOWNSEND
a. RCW 42.30.140(2) allows, but does not require, the Council to deliberate (but not
vote) on quasi-judicial matters in a closed session. Does any Councilor wish to
make a motion to adjourn to a closed session? (if so, vote on motion -- if it passes,
adjourn for a set period of time for deliberations)
b. If no one wants to go to a closed session, or the vote to do so fails: (Mayor calls
on Council members wishing to be recognized.)
23. (Upon conclusion of discussion and return, if applicable, from closed session): Does any
Council member wish additional briefing on any matter related to this issue? Remember,
that any supplemental briefing must be in the form of argument, not additional facts? (If
so, have the City Attorney work with the Councilor to frame the motion, then vote)
24. Is there any further discussion by Council members?
25. Is there any further recommendation or comments from staff?
26. (Mayor states the motion and calls for a vote. Following a vote by the Council) Staff is
directed to prepare findings and decision.
56
Resolution 21-062 Exhibit A
Page 58 of 58
CITY OF PORT TOWNSEND
APPENDIX 1
Policy: Public Requests for Proclamations
The Council considers requests to proclaim certain events or causes when such proclamations
pertain to a Port Townsend event, person, organization, or cause with local implications. The
Council will consider requests that are timely, have potential relevance to a majority of Port
Townsend's population, and either forward positive messages or call upon the support of the
community.
The following guidelines and requirements apply to requests for consideration of Proclamations
which are read at Council meetings.
Proclamations to be read at Council meetings
1. The person(s) or organization making the request must submit a completed Application
Requesting a City Proclamation and submit a copy of the proposed Proclamation to the City
Clerk's office.
2. The request should be made at least three weeks in advance of the requested Council
meeting.
3. The Mayor and City Manager(or staff designee)will determine if the proposed
proclamation meets the intent of this policy.
4. The Council will make no more than two proclamations at a Council Meeting. Either the
person making the request or a representative of the organization making the request must be
present at the Council meeting to accept the proclamation.
5. The City retains the right to modify, edit, or otherwise amend the proposed
proclamation to meet its requirements, needs, or policy determinations.
6. The City retains the right to decide if the proclamation will or will not be issued..
7. Once approved, the proclamation will be included on the appropriate Council agenda.
8. If not approved, the applicant will be notified of the decision and the reason(s) for the
decision.
Proclamations Requested Which Will Not Be Read at a Council Meeting
If a person or organization requests a proclamation for an event or presentation and does not
request it be read at a Council meeting, the same policy will apply. The requestor must arrange
with the Clerk's office to either pick up the proclamation or have it mailed.
57