City of Tumwater, WA
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Tumwater City Council
The Tumwater City Council hereby establishes the following procedures for conducting Council meetings, proceedings, and business. These procedures shall be in effect upon adoption by the Council and until such time as they are amended or new procedures are adopted in the manner provided in these rules.
Section 2. Types of Council Meetings
2.1 Regular. Regular Meetings are recurring meetings held in accordance with a periodic schedule declared by statute or rule. Regular Meetings include both Formal Meetings and Work Sessions. The time and place of Formal Meetings are established in TMC 2.04. A Regular Meeting may be canceled by a motion of the Council or by failure to produce a quorum.
2.1.1 Formal Meetings. A Formal Meeting to conduct official City business. This includes public comments; public hearings; presentations; and the adoption of ordinances and resolutions, contracts, agreements, and budgets. These meetings are generally cablecast locally.
a. Formal Meetings will be held the first and third Tuesday of each month in the Council Chambers at City Hall beginning at 7:00 p.m.
b. If possible, only one or two major topics (defined as issues of high interest or controversy or those which take an extraordinary amount of time at the meeting) will be scheduled per meeting. Generally, meetings should not last more than two to three hours.
2.1.2 Work Session. An informal meeting to receive briefings from staff, discuss forthcoming significant programs or projects, or similar activities.
a. Council Work Sessions will be held on the second and fourth Tuesday of each month beginning at 6:00 p.m.
b Work Sessions shall generally not last longer than two hours in length.
c. A Work Session will not include public comment or participation unless the Mayor allows it.
d. A Work Session will generally not be cablecast.
2.2 Special Meetings. Any Council meeting other than the Regular Council Meeting, which has been called for the purpose of conducting official action, is a Special Meeting. Notice shall be given at least 24 hours in advance as required by RCW 42.30.080. Notice may be provided to Councilmembers by confirmed telephone, email, or regular mail. A Special Council Meeting may be scheduled by the Mayor or by a majority of the members of the City Council.
2.3 Emergency. A Special Council Meeting called in the event of an emergency without 24 hours notice is an Emergency Meeting. An Emergency Meeting deals with an emergency such as involving injury or damage to persons or property or the likelihood of such injury or damage, by reason of fire, flood, earthquake or other emergency, or otherwise when time requirements of a 24 hour notice would make notice impractical and increase the likelihood of such injury or damage. Emergency Meetings may be called by the Mayor as provided under RCW 42.30.070. The minutes will indicate the reason for the emergency.
2.4 Executive Session. An Executive Session is a Council meeting, or portion of a Council meeting, that is closed except to the Council, City Administrator, Mayor, City Attorney, authorized staff members, and/or consultants authorized by the City Administrator or Mayor. The public is restricted from attendance. Minutes shall not be kept. Executive Sessions may be held during Regular or Special Council meetings, or as separate meetings, and will be announced by the Mayor. Executive Session topics are strictly limited to those matters authorized by law. An Executive Session may occur at any point in the agenda.
a. Before convening an Executive Session, the Mayor shall announce the purpose of the meeting (including citing the RCW and specific exemption to justify the Executive Session) and the anticipated time the session will be concluded. Should the session require more time, a public announcement shall be made, extending the meeting for a specified amount of time. Should the Executive Session end prior to the
time specified and action is required, the Council may not take action until the specified time has lapsed.
b. The content of an Executive Session is limited to the reason that was publicly announced for the specific Executive Session.
c. At the conclusion of the Executive Session, the public meeting will reconvene to formally adjourn the meeting, to take action on the item
resulting from the Executive Session if properly noticed, or to continue
the meeting.
2.5 Remote Meetings. A remote or virtual meeting at which all or some attendees are not physically present and video and audio is used to connect attendees in different locations online. Remote Meetings are addressed in Section 30.
2.6 Minutes. The City Clerk or designee, (hereafter referred to as City Clerk), will keep minutes of all proceedings of the Council in accordance with the statutory requirements, along with summaries of Council comments and committee report proceedings, and will be entered into a journal constituting the official record of the Council.
Section 3. Scheduling
3.1 Holidays. If a regularly scheduled meeting falls on a legal holiday, the Regular Meeting shall be held on the next business day at the same time and place, unless sufficient notice is otherwise provided for an alternate time and location.
3.2 Election Days. Regular Meetings which fall on a primary or general election day may be moved to the Monday immediately prior at the discretion of the Mayor.
3.3 Summer Recess. The Council will generally not schedule Regular Meetings and committee meetings during a two-week period in August of each year.
4.1 Call to Order. The Mayor or designee calls the meeting to order.
4.2 Roll Call. Roll shall be called verbally and the Mayor shall indicate any Councilmember who is not in attendance and whether or not the Councilmember has an excused absence. Councilmembers may make a motion to excuse absent Councilmembers.
4.3 Flag Salute.
4.4 Agenda. The Mayor will ask the Council and staff if there are changes to the agenda which may be made pursuant to these rules.
4.5 Special Items. Special Items may include the presentation of a proclamation or other presentation to elected officials, staff, or the public by the City or presentations to the City or any official made by someone else. Other special presentations by resident groups or outside agencies that make requests to present information on issues of interest to the City may also occur at this time with prior approval of the Mayor. Discretion shall be used in scheduling proclamations and presentations to help ensure the topics are timely, relevant to Tumwater, and of general interest to the community. The City will strive to have not more than two scheduled special items per meeting, and no more than 15 minutes per item.
4.6 Public Comments. Members of the audience may comment on items relating to any matter not scheduled for a public hearing. Comments may be limited to three (3) minutes, or another time limit, at the discretion of the Mayor. A "public comment sign-in sheet" will be available at each meeting for the use of people wishing to address the Council. The Mayor may allow people to also comment on individual agenda items. These comment times may similarly be limited in duration at the discretion of the Mayor. Councilmembers will not rebut, question, or make comments on the specific public comments that have been made at a meeting. The Mayor, at their discretion, may respond directly, ask staff to make a short comment, or invite the commenter and staff to communicate after the meeting.
4.7 Consent Agenda. Consent Agenda items are considered to be routine and non-controversial and are approved by one motion. Items suitable for the consent agenda could include, but are not limited to, minutes, business claims, setting hearing dates, contract payments, bid awards, project acceptance, housekeeping amendments to ordinances and resolutions, agreements, and ordinances and resolutions which have previously been subject to public review at either a Council Committee or a Work Session. Consent items are not subject to debate; however, any Councilmember may remove any item(s) from the consent agenda for separate discussion and action; a second is not required. When an item is removed, the Consent Agenda is considered for action without that item. After the consent agenda has been considered, the removed item is moved to the Section titled "Council Considerations."
4.8 Public Hearings. Public hearings are held to receive public comment on important issues and/or issues requiring a public hearing by state statute or City of Tumwater ordinances. The Mayor will state the public hearing procedures at the beginning of the public hearing. A "public hearing sign-in sheet" will be available at each meeting for the use of individuals wishing to give testimony. Those wishing to give testimony will follow the same procedure as for "Public Comments" and may speak after being recognized by the Mayor. After all individuals have spoken, the hearing is closed to public comment. The Council then proceeds with deliberation and decision making. Public hearing testimony shall be subject to the provisions of Section 7.
4.9 Council Considerations. Items for consideration by the Council are subject to presentation, usually by City staff, followed by the opportunity for Council discussion. They are submitted to Council in the form of an agenda bill which includes the subject matter (title for agenda), submitter, action requested, financial information (if applicable), attachments, and alternatives. All action items on the agenda shall have an agenda bill. The City Clerk will assign a number to the agenda bill. Agenda bills will also be used for Consent Agenda items.
4.10 Council Committee Reports. The Mayor calls upon each committee chair, or their designee, to report on the activities of their respective committee. Committee chairs should take this opportunity to inform the Council of major issues or discussions at the Committee level. In lieu of lengthy discussion, the Council may decide to continue discussion to a Work Session.
4.11 Mayor and City Administrator Reports.
a. The Mayor makes announcements of upcoming meetings and events, and reports on meetings and events in which they have participated. The Mayor’s report is limited to 5 minutes.
b. Staff reports and announcements are made to the Council by the City Administrator on issues of interest.
4.12 Council Reports. At the end of each regular meeting, every Councilmember will be allowed up to 5 minutes to be used at their discretion for the following:
a. Reports on the activities, meetings, or issues arising from their service as a designated City representative to a community or intergovernmental organization or agency. The reports should be summaries and Councilmembers should exercise discretion in raising complex or detailed issues which are more appropriate for presentation at committees or work sessions.
b. Comments that are specific to City business, events, or activities. The time may not be used for political purposes. The use of the time for fundraising is allowed within the constraints of Washington State law to such charities that help the poor and infirm, support Council goals, and service the Tumwater community, specifically those which directly relate to a City program (e.g., Animal Services, Friends of Library, PARC Foundation) or those with which the City has recently contracted for services in the community. Councilmembers may report retrospectively or prospectively about fundraising events. They may make people aware of opportunities to attend, purchase tickets, or to make a non-cash contribution.
i. The Mayor and City Administrator may report on other community events which have a relationship to the City.
ii. This does not alter the public’s ability to comment during the public comment portion of the meeting or to be invited by the
Mayor to make a special presentation.
c. The Mayor may allow up to 2 minutes of follow-up questions and answers in response to each Councilmember presentation.
d. Comment and follow-up time may not be yielded to other Councilmembers or the public.
4.13 Any Other Business. This is an opportunity for the Council to introduce new items or to make announcements regarding specific City business. Because it is at the end of the meeting, Councilmembers should strive to bring up new items for announcement or action at earlier portions of the meeting if appropriate.
4.14 Executive Session. An Executive Session may be held in compliance with these rules and state law. At the conclusion of the Executive Session, the public meeting will reconvene to adjourn or, if properly noticed, to take action..
4.15 Adjournment. The Mayor shall adjourn Council meetings upon the ;conclusion of the agenda.
4.16 Work Session Announcements. As part of a work session, the agenda may include a provision for individual Councilmembers to make announcements or make short comments of general interest to the Council as a whole. These should be limited to no more than 2 minutes per Councilmember.
4.17 Special Meetings. Following lawful notice of a Special Meeting, items may be added to the agenda, but no final action is allowed on items that are added to the agenda of a Special Meeting.
5.1 The City Clerk will prepare an agenda packet for each Council meeting and Work Session specifying the time and place of the meeting, and setting forth a brief general description of each item to be considered by the Council. The agenda is subject to review and approval by the City Administrator or Mayor.
5.2 Agenda items will be completed by the appropriate department staff and submitted to the City Clerk for finalizing by 11:00 a.m. on the Wednesday prior to the following Tuesday meeting. The staff report form will be used for all items submitted for a meeting agenda of committees, Regular Meetings or Special Meetings.
5.3 An item may be placed on a Council or Committee meeting agenda by any of the following methods: 1) approval of the City Administrator; 2) approval of the Mayor; 3) request of any two or more Councilmembers. Staff will ensure Councilmembers are provided sufficient information to make decisions. Any item may be placed on a Regular Council Meeting agenda, at any time after the distribution of the agenda by the City Administrator, Mayor, or by a majority vote of the Council.
5.4 An agenda shall be prepared and provided to the Council and available to the public on the Friday prior to each meeting. Public availability shall include posting on the website and distribution by email to an established mailing list. Agenda packets will be distributed by email to the Council by 5:00 p.m. on the Friday prior to a meeting. Mail that Councilmembers receive during the week will be placed in their respective mailboxes as it arrives. Councilmembers will have access to their mailboxes at any time.
5.5 The City Administrator will prepare and keep current a calendar of agenda items for all Council Regular Meetings, Special Meetings, and committee meetings
5.6 Legally required and advertised public hearings and other items required by statute or with predetermined deadlines will have a higher priority over other scheduled agenda items which have been scheduled by convenience rather than for statutory or other legal reasons. Agenda items that are continued from one meeting to another will have preference on the agenda to the extent possible.
5.7 The Mayor and City Administrator shall schedule matters for Council and committee review as necessary for the smooth and orderly transaction of City business and in order to keep the Council advised as to the business of the City.
7.1 Individuals addressing the Council, who are not specifically scheduled on the agenda, will be requested to step up to the podium, give their name and address or other contact information, and limit their remarks to three (3) minutes or other limit established by the Mayor. They may not be required to give their address. All remarks will be addressed to the Council as a whole. Comments should be limited to those related to City business. A speaker shall generally be limited to speaking only once on an agenda item or during a public comment or testimony period.
7.2 If an individual or group of persons becomes as disruptive as to render the orderly conduct of a Council meeting unfeasible, the following actions may be taken under RCW 42.30.050:
a. The person presiding over the meeting may request that the individual or group voluntarily leave the meeting. If they refuse to do so, the police may be summoned to remove them;
b. A majority of the members of the governing body may vote to clear the room. Persons with a valid press credential, or scheduled to appear on the agenda may be readmitted; or
c. A majority of the members may vote to adjourn the meeting and reconvene in a new location. When doing so, the governing body must:
i. Provide the media in attendance and persons scheduled to appear on the agenda, who were not part of the disruption, with notice of the new location and an opportunity to attend;
ii. Post an order or adjournment citing the new time and location at the entrance to the disrupted meeting location; and
iii. At the reconvened meeting, take final disposition only on matters appearing on the agenda.
d. Disruptive behavior includes impertinent or slanderous remarks or being boisterous, threatening, or personally abusive to elected officials, staff or the public.
7.3 Speakers shall not be allowed to comment upon, promote, advocate for, oppose or speak against a pending initiative, ballot measure, or candidate unless properly noticed on the agenda.7.4 People with complaints, concerns, or questions will be encouraged to contact the City Administrator or Mayor or the Council may ask that the matter be placed on a future City Council meeting or committee meeting agenda with the appropriate background information. Councilmembers should not engage speakers in dialog or rebut public comments. The presiding officer should acknowledge people's comments and provide clarification such as advising them of pending public meetings, other applicable agencies, or direct them to specific City staff.
a. Ordinances are legislative acts or local laws. They are the most permanent and binding form of Council action and may be changed or repealed only by a subsequent ordinance.
b. Resolutions are adopted to express Council policy or to direct certain types of administrative action. They have the same effect as a motion, but in a written form. A resolution may be changed by adoption of a subsequent resolution.
c. Proclamations are issued solely under the Mayor’s authority. It is not required that they be read or presented at a Council meeting.
d. Motions are official Council actions which do not require documentation in writing. They often are the Council authorizing action (e.g., signing an agreement by the Mayor) or to provide direction to staff to prepare an item for future consideration.
9.1 The proper form to make a motion is to directly state that you are making a motion by saying, "I move ...". For example, "I move the adoption of Ordinance X-Y-Z" or "I move we authorize the Mayor to sign the agreement ...". Motion makers should avoid statements like, "I would like to make a motion ..." If the presiding officer has entertained a motion and stated it, it is sufficient to say, "So moved."
9.2 If a motion does not receive a second, it dies. Motions that do not need a second include nominations, withdrawal of a motion, agenda order, request for a roll call vote, point of order, and adjournment. After consideration of the Mayor's ability to break a tie vote according to State law1, a motion that receives a tie vote is deemed to have failed. Motions shall be clear and concise and not include statements for the motion within the motion.
9.3 After a motion and a second, the Mayor will state the names of the Councilmembers making the motion and second.
9.4 After a motion has been made and seconded, the Council may discuss their opinions on the issue prior to the vote. Public comment shall not be allowed when a motion is pending.
9.5 A motion may be withdrawn by the maker of the motion, at any time, without the consent of the Council or the seconder of the motion.
9.6 A motion to postpone to a certain time is debatable, is amendable, and may be reconsidered at the same meeting. The question being postponed must be considered at a later time at the same meeting or at a time certain at a future regular or special Council meeting.
9.7 A motion to postpone indefinitely is debatable, is not amendable, and may be reconsidered at the same meeting only if a motion to reconsider receives an affirmative vote.
9.8 A motion to call for the question shall close debate on the main motion and is not debatable. This motion must receive a second and fails without a two thirds (2/3) vote. If seven (7) Councilmembers are present, then five (5) must vote in the affirmative to fulfill the 2/3 requirement. Debate is reopened if the motion fails.
9.9 A motion to amend is defined as amending a motion that is on the floor and has been seconded, by inserting or adding, striking out and inserting, or substituting language in the motion.
9.10 Discussion of the motion only occurs after the motion has been moved and seconded.
9.11 The motion maker, Mayor, or City Clerk shall repeat the motion prior to voting.
9.12 The City Clerk shall take a roll call vote, if requested by the Mayor, a Councilmember, or as required by law. The only acceptable votes are affirmative (Yes), opposed (No), or to abstain. No Councilmember shall be allowed to pass when called upon and vote later in the order. Silence or failure to vote by a Councilmember will be recorded as an approval. Councilmembers may abstain from the entire vote as provided for in these rules and State law.
9.13 At the conclusion of any vote, the Mayor shall inform the Council of the result of the vote. The City Clerk may confirm the result.
9.14 When a question has been decided, any Councilmember who voted in the majority may move for reconsideration. A motion for reconsideration may not occur until the following meeting.
9.15 When the Council concurs or agrees with an item that does not require a formal motion, the Mayor will summarize the agreement at the conclusion of the discussion.
9.16 Voting by telephone or other electronic means is allowed provided it is in compliance with State law and the Councilmember(s) appearing by telephone can hear the entire proceedings and participants at the meeting can hear the Councilmembers that are appearing by telephone.
1 RCW 35A.12.100, in part: " The mayor shall preside over all meetings of the city council, when present, but shall have a vote only in the case of a tie in the votes of the councilmembers with respect to matters other than the passage of any ordinance, grant, or revocation of franchise or license, or any resolution for the payment of money."
10.1 All ordinances shall be prepared or reviewed by the City Attorney. No ordinance shall be prepared for presentation to the Council unless requested by the Mayor, City Administrator, City Attorney, Council committee, or a majority vote of the Council.
10.2 The City Clerk shall assign a permanent ordinance number prior to placing the ordinance on the agenda. In the event an ordinance is proposed to change substantially by either staff or by a discussion at a prior Council meeting, a substitute ordinance shall be submitted. The substitute ordinance shall be identified by the same ordinance number with an indication of the
ordinance's substitute status. (For example, Ordinance No. 02004-005 would be replaced with Ordinance No. 02004-005-Sl)
10.3 Upon enactment of the ordinance, the City Clerk shall obtain the signature of the Mayor and City Attorney. After the Mayor's signature, the City Clerk shall sign the ordinance.
10.4 Ordinances, or ordinance summaries, shall be promptly published as provided by law. The City will strive to reduce publication costs when possible.
10.5 An ordinance becomes effective five (5) days after the publication of the ordinance or ordinance summary unless otherwise specified.
10.6 There shall be one reading of an ordinance prior to any action and adoption by the City, unless a second reading is required by state statute or City code.
10.7 The Mayor may veto an ordinance as provided for in State law.2
2 R2 RCW 35A.12. l 00, in part: "The mayor shall have the power to veto ordinances passed by the council and submitted to him or her as provided in RCW 35A.12.130 but such veto may be overridden by the vote of a majority of all councilmembers plus one more vote."
11.2 The Presiding Officer shall:
a. Preserve order and decorum in the Council Chambers/meeting room.
b. Observe and enforce all policies and procedures adopted by the Council.
c. Decide all questions on order, in accordance with these policies and procedures, subject to appeal by any Councilmember.
d. Recognize Councilmembers in the order in which they request the floor.
11.3 Challenges to Ruling of Presiding Officer. Notwithstanding anything herein contained, including Robert's Rules of Order, to the contrary, any member of the Council shall have the right and privilege to challenge any ruling of any kind made by the presiding officer at any Council meeting, in which case the approval or disapproval of the ruling of the presiding officer shall immediately and without debate or comment be put to a vote of the Council, and the decision of the majority of the members of the Council present, shall prevail.
12.1 There will be mutual respect from both City staff and Councilmembers of their respective roles and responsibilities.
12.2 City staff acknowledges the Council as policymakers, and the Councilmembers acknowledge it is City staff’s responsibility to implement Council policy.
12.3 Councilmembers shall not attempt to influence City staff in the selection of, or retention of, personnel, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits, except as otherwise provided by law. The Mayor may invite Councilmembers to participate in certain hiring or consultant selection processes.
12.4 Councilmembers shall not attempt to interfere with any City department's administration or internal operation and practices.
12.5 To ensure timely response and any required administrative actions, mail addressed to the Mayor shall be copied and circulated to all appropriate persons as soon as practicable after it arrives. Regular and electronic mail received by the City and addressed to Councilmembers shall be opened, copied and provided to the Councilmembers, distributed to appropriate persons within the City, and retained in compliance with public records laws. Mail of all types that relate to political campaigns will be unopened, destroyed and not distributed.
12.6 No Councilmember shall direct the City Administrator or staff to initiate any action or prepare any report that requires significant resources, or initiate any project or study without the consent of the Mayor or a majority of the Council.
12.7 Individual requests for information can be made directly to the department director unless otherwise determined by the City Administrator or Mayor. If the request would create a change in work assignments or City staffing levels, the request must be made through the City Administrator or Mayor. For questions regarding items pending before the Council, Councilmembers may contact the identified staff contact.
12.8 Requests for staff attendance at community meetings shall be made to the City Administrator or Mayor and may be approved on a staff availability basis. No request may be granted within 90 days prior to any election where a seated Councilmember is up for election.
13.1 The City Administrator shall attend all meetings of the Council unless excused by the Mayor. The City Administrator may make recommendations to the Council and shall have the right to take part in the discussions of the Council, but shall have no vote. When the City Administrator has an excused absence, the designated Acting City Administrator or applicable department directors shall attend the meeting.
13.2 The City Attorney shall attend all meetings of the Council unless excused by the City Administrator or Mayor and shall, upon request, give an opinion either written or oral on legal questions. An Acting City Attorney may attend meetings when the City Attorney has been excused. The City Attorney or designated City Attorney shall attend any executive sessions that are scheduled for the purpose of discussing potential or pending litigation.
13.3 The City Clerk, Deputy City Clerk, or designee shall attend all meetings of the Council, keep the official journal (minutes), and perform such other duties as may be needed for the orderly conduct of the meeting.
14.1 Councilmembers will inform the City Administrator, Mayor, another Councilmember or Executive Assistant/Deputy City Clerk if they are unable to attend any Council meeting or if they knowingly will be late to any meeting. The minutes will show the Councilmember as having an excused absence.
14.2 As provided for in State law, a Councilmember shall vacate a position upon three unexcused consecutive absences from regular meetings.3
16.1 If a Councilmember appears on behalf of the City before another governmental agency, a community organization, or through the media, for the purpose of commenting on an issue, the Councilmember shall state the majority position of the Council, if known, on such issue. Personal opinions and comments which differ from the Council majority may be expressed if the Councilmember clearly states these statements do not represent the majority Council's position.
16.2 Councilmembers and the Mayor, when serving as a Tumwater representative, may act without authorization on specific votes for matters which pertain to the general operation of the organization or are emergency in nature. Issues that have a direct financial impact on Tumwater finances, the level of service provided in Tumwater, or are matters of significant policy shall be reported back to the Tumwater Council for feedback and potential authorization before taking action.
17.1 Councilmembers shall keep confidential all written materials and verbal information provided to them during executive sessions to ensure that the City's position is not compromised. Confidentiality also includes information provided to Councilmembers outside of executive session when the information is marked confidential.
17.2 Regarding executive sessions or confidential matters, all contacts with the outside parties shall be done by designated City staff handling the issue. Prior to discussing the information with anyone other than fellow Councilmembers, the City Attorney, or City staff designated by the City Administrator or Mayor, Councilmembers should review such potential discussion with the Mayor, City Administrator or City Attorney. Any Councilmember having any such contact or discussion shall make full disclosure to the Mayor, City Administrator, City Attorney and/or the City Council in a timely manner.
18.1 City Councilmembers and Mayor shall comply with the City’s gift acceptance policy.
18.2 City Councilmembers and Mayor shall excuse themselves from consideration of any proceeding in which they have a direct interest. If a conflict exists, the affected Councilmember or Mayor shall excuse themselves and leave the Council Chambers/meeting room prior to any briefing, hearing, discussion, or other consideration of the issue. Ultimate compliance with the State of Washington Conflict of Interest statutes is the responsibility of individual Councilmembers and the Mayor.
19.1 Public records created or received by the Mayor or any Councilmember will be transferred to the City Clerk's office for retention by the City in accordance with the Public Records Law. Public records that are duplicate of those received by or in the possession of the City are not required to be retained. Questions about whether or not a document is a public record or if it is required to be retained should be referred to the City Attorney.
19.2 Records created or received as part of interjurisdictional assignments are the responsibility of the interjurisdictional committee sponsoring organization.
19.3 As elected officials, the Mayor and Councilmembers have sole responsibility for compliance with all State Public Disclosure Commission rules and regulations.
a. Budget and Finance. Develop and review policy issues and make recommendations regarding budget amendments, financial contracts, social and health services funding, financing, and budget development not otherwise covered by other committees or the full Council.
b. Public Works. Develop and review policy issues and make recommendations regarding streets, utilities (water, sewer, storm sewer), utility rates, sidewalks, bicycle paths, competitive bidding for public works projects, award of public works projects, public transit, transportation planning, and traffic safety.
c. General Government. Develop and review policy issues and make recommendations regarding parks, recreation, facilities, golf course, trails, planning, licensing and regulation, zoning and land use regulations, historic preservation, economic development, and intergovernmental relations not covered by another committee.
d. Public Health and Safety. Develop and review policy issues and make recommendations regarding police, municipal court, fire, emergency services, dispatch and communications systems, community wellness, risk/hazard issues, epidemics, sickness, sanitation, disaster, and emergency planning.
21.2 Each committee, with the exception of the Budget and Finance Committee, shall have a membership of three (3) Councilmembers.
21.3 The Mayor shall appoint the members of each Council committee by the second meeting of each even-numbered year. Committee members shall serve two-year terms. Committee members shall select the Chair of each committee at the first committee meeting following the appointment. The Budget and Finance Committee shall be composed of the chairs of the other three committees and shall be chaired by the Mayor who shall retain a full vote.
21.4 Committee Work Programs and Agendas.
The Council Committee shall, with staff support, study issues and make recommendations to the full Council for action.
a. Committee Agendas. Committee Agendas shall be prepared by the Wednesday prior to the committee meeting in coordination with the committee chair and in consultation with the City Administrator or Mayor. The City Administrator, the Administrator's designee, Committee Chair, majority of a committee, or the Mayor may add things to the agenda. If there are no agenda items for a meeting at the time the agenda is due, the meeting will be canceled. Emergent issues may be added at the request of the Mayor or City Administrator and approval of the Committee chair. The Committee members shall be notified of the change to the agenda by telephone or email.
b. Committee Minutes. The City Clerk will maintain minutes of meetings, recording attendance, discussion topics, and actions at a minimum. The minutes shall serve as the reports of the committee to the full Council. Committee chairs may supplement the minutes with additional information at the full Council meeting.
c. Committee Function and Scope. The scope of Council committees is limited primarily to policy matters. They shall review such matters within their general areas of jurisdiction and shall formulate recommendations to the full Council for action. In certain circumstances, and with prior specific authorization from the full Council, a committee may conduct a public hearing.
a. Each committee shall establish a regular meeting time of at least once per month. The committee schedule and the agendas for meetings shall be noticed in accordance with State law and on the City's website.
b. All committee meetings are open to the public unless the subject matter is such that it would be the basis for the committee to meet in executive session according to state law.
c. Committee members will strive to attend their assigned meetings. Except in bona fide emergencies, failure to attend two consecutive committee meetings shall be considered a resignation from the committee, so that a replacement can be made. A committee member who cannot attend may notify staff to see if an alternate is available.
d. Any Councilmember wishing to attend a meeting of a committee which they are not a regular member shall provide the Chair of that committee and the Executive Assistant/Deputy City Clerk with sufficient advance notice of their intent to attend, and will attend in the capacity of an observer only.
a. Any Councilmember may express an interest in a particular subject and interest in serving on a particular regional body directly to the Mayor.
b. When a regional body requests membership recommendations where the regional body makes the final appointment, the Mayor shall ask Councilmembers to state their interest for appointment. Any names shall be submitted by the Mayor to the regional body which will then make the appointment(s) subject to confirmation by the Council.
c. When the City has the authority to make direct appointment to a regional committee, the Mayor shall appoint said representatives on an annual basis, unless the appointments are for a longer term.
23.1 Individual Councilmember Training. Each biennium, every Council position will be allocated $500 to be used for training and travel expenses related to their official duties as Councilmember. The allocation may be combined with funds from other organizations or personal funds. Councilmembers may allocate their funds to other sitting Councilmembers. Funds may not be carried over to another biennium. Valid expenses will be determined by the City's administrative policies. Individual luncheons or other events that are not fundraisers and comply with the City operating policies attended on behalf of the City are eligible for funding under this rule.
23.2 Shared Training. Each biennium, the Council will determine as part of the budget consideration/adoption process the amount of additional funding provided to the Council for attendance at required meetings and conferences such as the AWC Annual Conference and the Legislative Workshop. In so doing, the Council may determine the number of Councilmembers that will be attending. The budget may also include a major conference line item. Any Councilmember may request up to $1,000 of this line item to be spent on travel, lodging or registration for a major conference in the United States or Canada. Any such conference shall be related to the business of the City. The Council shall make the decision on any such request by majority vote. The funds will be allocated on a first-come basis until the budget allocation is exhausted. Costs over the amount approved by the Council may be paid by the individual Councilmember, another organization, a scholarship, or the Councilmember may use some or all of their Individual Training funds from Section 23.1.
24.1 Suspension of the Rules. Any provision of these rules not governed by State law or ordinance may be temporarily suspended upon proper motion and second and a majority vote of the Council.
24.2 Amendments to Rules. Permanent amendments to these rules shall be made by resolution of the Council, provided the amendments are not approved at the same regular meeting where they are introduced.
26.1 The Council has power under general State law to impose punishment on its members, short of removal from office, for violation of State law or Council rules.
a. When a Councilmember or the Mayor believes that another Councilmember may have violated the adopted Council operating protocols, rules, laws, or policies, the suspecting Councilmember or Mayor shall discuss the issue privately with the offending Councilmember in an attempt to resolve the issue informally.
b. In the event the violations are believed to continue, by majority vote of the City Council, the Council may commission an investigation of the charges.
In such a case, the investigation may be done by a party outside the City of Tumwater. If an investigation is required, the investigation shall, where appropriate, follow generally accepted management and supervisory procedures as outlined in the relevant administrative and personnel policy manual.
c. The results of the investigation shall be submitted to the Mayor and City Council.
d. The charged Councilmember shall be given the opportunity to respond to any allegation, report or finding prior to any action being taken.
e. The City Council shall review the findings and shall consider and adopt the applicable findings by majority vote. The process for this action shall be consistent with these rules and applicable personnel policies..
f. Sanctions may be imposed for material violations pursuant to this Section and shall be determined by a majority vote of the Council. The process for this action shall be consistent with these rules. The Council shall consider the intent, risk, and severity of the violation to determine the appropriate level of sanction or punishment.
i. Consequences and sanctions could include, and range between, a verbal admonition, a written reprimand, censure, or removal of a Councilmember from Council committee chair positions or committee memberships, or removal of intergovernmental duties.
ii. Additional consequences may include leadership development or other training. The Councilmember in question may spend time with the City Administrator, Mayor, or Administrative Services Department staff to develop leadership skills and/or develop a corrective action plan that is mutually agreed upon.
g. If a Councilmember is believed to have violated State Law, any individual Councilmember may choose to refer the alleged violation to the Thurston County Prosecuting Attorney's Office, Public Disclosure Commission, or other appropriate agency for appropriate action.
27.2 Ownership.
a. Equipment provided to the Elected Officials shall remain the property of the City of Tumwater.
b. Equipment shall be returned to the City prior to the end of the Elected Official's term. Failure to do so could result in garnishment of the final pay check.
c. Elected officials will use due care and caution in the maintenance and care of the equipment.
d. The equipment will be password protected at all times and will not be left where they can be easily stolen, damaged, or accessed. Replacement of lost, damaged, or stolen equipment will be reviewed by the City Administrator on a case-by-case basis.
e. The City will provide routine maintenance of the equipment consistent with City operation policies. (Policies: 5.03.04, 5.07.02)
f. The equipment shall not be loaned or otherwise accessed by non-City employees.
a. The equipment shall only be used for official City business. (Policy 5.03.01) No commercial, political, personal, pornographic, illegal or offensive use will be allowed. (Policy 5.04)
b. There may be no addition or downloading of software or programs without prior authorization from the City's IT department. (Policies: 5.03.03, 5.04)
c. Use is limited to official City business only. Any postings, blogging, messaging, or social media activity is limited to official City sites and activities and may not be used for personal sites or social media. (Policy 5.03.01).
d. Equipment may be used during Council meetings, but members should be mindful of the appearance to those in the audience and viewing on a television, computer, or other device. Users should make sure the volume is off and should keep web surfing and other activities to a minimum necessary to access meeting-specific agenda and packet information, meeting notes, and resource or research material specific to matters pending before the Council. No communication between Councilmembers, postings, blogging, messaging, or social media activity is allowed during meetings. Equipment use during meetings shall be solely related to the business of the meeting.
e. All electronic communications by Councilmembers related to City business are public records. Councilmember communications shall be sent using City equipment and designated City accounts so that it may be properly archived and maintained in compliance with the City's Records Retention Schedule.
f. Councilmembers may not use City equipment or designated accounts to transact City business in violation of the Open Public Meetings Act. Councilmembers should limit communications with other Councilmembers to ensure City business is conducted only at scheduled open meetings. If a Councilmember wishes to have information distributed to other Councilmembers, they should contact the City Administrator to distribute the information.
a. Records must be retained consistent with the State Attorney General’s Local Records Retention Schedule for Local Agency Records.
b. No deletion of original, primary files is allowed.
c. Secondary copies, downloaded but unaltered files, may be deleted.
d. There is no expectation of privacy in the use of City equipment. The City may access the equipment, saved files, internet logs, email records, metadata, or any other pertinent information at any time without notice. (Policies: 5.03.02, 5.07)
e. All information contained on City equipment is public. There is no protection, and the City will provide no defense for private or personal files, data, email, or documents that reside on any City-owned equipment. (Policies: 5.06.01, 5.07.03)
a. Promote and require respect and civility in dialog between Councilmembers, Mayor, staff and the public while still allowing for healthy disagreement.
b. Be courteous and professional at all times in recognition that Council communications and behaviors set the tone for the organization.
c. Allow the public to respectfully present information and opinions at appropriate meeting times and Councilmembers, the Mayor, and staff will not engage in debate with the public during the meeting.
d. Authorize the presiding officer at a Council meeting, when complaints are raised by the public or an elected official, to take the contact information and make a follow up contact with the speaker to obtain resolution; alternatively, if the item can be easily resolved or answered, the presiding officer may provide the answer or ask staff to provide the information. The presiding officer will acknowledge the speaker’s comments.
e. Not consume food or chew gum at the dais or while on camera.
f. Help ensure that everyone who wants to speak gets a chance to by limiting individual comments so as to not be repetitive, argumentative, and/or off-topic.
g. Be recognized by the meeting’s presiding officer before speaking.
h. Not have side conversations, cell phone calls, on-line activity, or texting during the meeting when not in support of the business before the Council.
i. Include, when possible, a positive note or celebration of community accomplishments, recognition of staff achievement, or presentation of an award or commendation for the City, an employee, or other official in Regular Council Meetings..
j. Use formal titles (Councilmember Jones, Mayor Anderson, etc.) during Formal Council Meetings, but it is not required and shall be left up to each individual's discretion at informal meetings and committee meetings.
k. Be respectful of Council time, as staff, by scheduling full and complete meetings and not having Work Sessions when there are insufficient agenda items.
l. Honor and respect disagreements and differences as an important feature of policy making and governance.
m. Not criticize those who vote against your position on any issue.
n. Respect the decision once a policy is passed or defeated by the majority vote.
o. Strive to honor time limits on the meetings.
p. Provide Councilmembers with sufficient information prior to meetings and Councilmembers will review the meeting materials and come to the meeting prepared.
q. Strive to attend the applicable meetings and assignments or inform the Mayor or City Administrator if unable to attend. If possible and applicable, notice will be in time to provide an alternate meeting time.
r. Carefully research the facts, the other organization’s perspective, and potential damage to organizational relationships before criticizing another partner agency or organization. If possible, criticism and concerns will be delivered to the agency directly.
s. Support the success of City staff in their role as experts and advisors. Concerns about performance of staff will be raised to the City Administrator or Mayor.
a. Make every attempt, as an elected official, to notify staff in advance of public meetings about key questions and discussion points that the officials would like addressed during meetings.
b. Make every attempt, as staff, to notify the Mayor and/or City Administrator of key issues, events, and other emerging issues in advance of public notices of these issues and events that would be of interest or concern to the City Council.
c. Strive not to surprise other Councilmembers, while honoring the boundaries of the Open Public Meetings laws.
d. Make every attempt to avoid having elected officials, the Mayor, or City Administrator read about significant City issues, comments, etc. in the media first, before being advised in person, by phone, or email.
e. Be inclusive in policy making. Seeking just a majority leaves out Councilmembers with whom a positive relationship will be needed.
f. Regularly check email in order to use it as an efficient tool for communicating City news.
a. Strive for a partnership, as Mayor and City Council, in the governance and operation of the City while respecting the necessary responsibilities for checks and balances.
b. Seek to involve, as Mayor, the Council in civic events and celebrations.
c. Use the Council Committee structure to formulate issues, develop and review alternatives, make recommendations to the full Council, and provide input to the Mayor and staff.
d. Empower staff to give input and challenge the potential ideas and direction of Council provided it is done respectfully, professionally, and in the appropriate setting, such as in private, in a Work Session, or committee meeting. Similarly, staff is clear to help ensure that all perspectives and alternatives are represented prior to action. Council will be clear in asking if they are seeking facts/data or opinions.
e. Report, as the Mayor and City Administrator, to Council in the following frequency as appropriate:
i. At Council Meetings
ii. In bi-weekly City Administrator's Reports
iii. Quarterly financial reports
iv. Council meeting minutes
v. Additional reports and City Attorney memos that may be submitted at the request of the Council or direction of the Mayor or City Administrator
f. Understand that City staff will be asked to inform the City Administrator and Mayor of their contacts with the City Councilmembers in the interest of keeping the entire leadership team informed on key issues, requests and other City business related to their interactions.
g. Empower City staff to advise City Councilmembers of the need to seek the approval of the City Administrator and/or Mayor before responding to requests from the City Council.
h. Learn about the actions and/or processes that occurred in meetings during an individual Councilmember's absence and take individual responsibility for obtaining the information. The City Administrator will make staff available for individual make-up briefings as time permits.
i. Strive for unanimous votes from the City Council on decisions affecting key issues (e.g., bond issues, personnel issues).
j. Strive to make decisions on pending issues at the appropriate time, respecting the deadlines of others, and staff will strive to allow adequate time for Council to make decisions.
k. Strive to celebrate the accomplishments of the City at all levels of the organization.
a. At any time, specific Department Directors may be approached directly by a Councilmember to answer operational questions about specific departments' delivery of services, etc.
b. The City Administrator should be approached with questions that involve more than one department or cross-over into all aspects of City operations and require no action.
c. The Mayor or City Administrator shall be approached for all requests for actions, studies, or policy initiatives that involve additional City resources.
d. The City Administrator may be able to accommodate the request or request the entire Council review major requests for studies and policy initiatives to determine the level of priority before assigning or reallocating resources.
e. Councilmembers may initiate a request for a study or policy initiative as a part of the budget development process, ideally at goal-setting meetings. The initiative would be considered as part of the overall budget and either be approved or not approved.
f. Councilmembers may also initiate requests for studies or policy initiatives at committee meetings or Council meetings. Councilmembers should strive to alert the Mayor or City Administrator that such a request is
being submitted prior to the meeting.
28.6 The Mayor, City Council, City Administrator, and senior staff agree an informed policy body is the most effective means of establishing sound public policy and therefore shall strive to both ask and answer any question relevant to creating and managing public policy.
28.7 In order to maintain coordinated media communications and respect the collective decision-making role of the Council, Councilmembers agree as follows:
a. If members of the media make direct contact concerning other City elected officials (Mayor and Council), the recipient (staff or Council) of the inquiry should refrain from responding unless they have first-hand knowledge of the matter or until they have an opportunity to talk directly with the Mayor or City Administrator.
b. To speak only for one's own particular point of view on an issue and clarify to the reporter that you are only speaking for yourself. Do not speak for
the entire Council or the City unless specifically authorized to do so by the Mayor or City Administrator.
c. To utilize the Executive Department Communications staff as a resource to assist with media contacts or notify others of media contacts.
d. To not comment on issues of pending or potential litigation or quasi judicial matters, referring those media contacts to the City Attorney or City Administrator.
29. Councilmembers are advised to be cautious with the use of social media (Twitter, Facebook, Instagram, etc.) to avoid violations of State law, City Social Media Policy, and these rules.
29.1 Councilmembers may not use social media sites to conduct City Council business.
29.2 The official City social media will be managed by City staff under policy parameters set by the City Council.
29.3 Campaign-related social media accounts should be maintained separate from all City-related social media in order to keep campaign activities separate from City business.4
4 RCW 42.17A.555, in part, "No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. "
30. Remote attendance by Councilmembers is allowed in compliance with these rules and State law.
30.1 Preparation and Participation. Councilmembers should prepare in advance for remote attendance and follow proper video conferencing etiquette.
a. WiFi Connection. A Councilmember attending remotely must be able to hear public comment or testimony and staff presentations in real time. Ensure there is a stable network or WiFi connection and bandwidth at the remote location is not diverted by other users at that location.
b. Remote Location and Background. The City-provided Zoom background should be used for all remote meetings. Individuals at the remote location should be prepared in advance to ensure a quiet and disruption-free space.
c. Alternate Remote Location. Councilmembers having trouble maintaining a stable connection or disruption-free environment may use an office, or other suitable location, at City Hall to join the meeting.
d. Name and Title. Councilmember name and title should appear in the participant information followed by personal pronouns if desired. For example Name, Councilmember (pronouns).
e. Microphone. Councilmember should mute their microphones when not speaking.
f. Camera.
Councilmembers should turn cameras on while the meeting is in session.
It is important to maintain a quorum at all times.
g. Request to Speak. Councilmembers should raise their hand to be called upon. If attending by phone, the meeting chair will attempt to check in regularly. When attending by phone, Councilmembers should state their name before speaking.
h. Making a Motion. When making a motion, speaking, asking a question, etc. - if the Mayor has not called a name, Councilmembers should state their name before speaking.
i. Meeting Recording. Do not record meetings. City staff will record all open public meetings for archiving.
j . Chat Feature. Do not use the chat feature. All chats during a meeting are public records that must be retained and disclosed.
k. Screen Sharing. Only presenters should use the screen share function.
l. Voting. Voting must be verbal and audible to all attendees. Roll call votes may be taken to ensure votes are logged accurately. In the instance of a roll call vote, each Councilmember will be called upon individually to log their vote verbally for the record.
m. Executive Session. A Councilmember attending an Executive Session remotely must be able to maintain confidentiality of the proceedings. Due to the private and confidential nature of Executive Sessions, councilmembers must be alone where they cannot be overheard by others.
a. Online Meeting Platform and Telephone Access. City of Tumwater meetings are broadcast via Zoom Webinars. The public can watch online by going to or calling (253) 215- 8782 and putting in the webinar ID and passcode. The webinar ID and passcode information for each meeting can be found on the meeting agenda. Other similar platforms may be utilized and appropriate notice and access information provided.
b. Cablecast and Livestream.
Every formal City Council meeting is cablecast and livestreamed on cable television and the internet. Formal Council meetings can be viewed on the local government access channel.
c. Public Comment.
The public can register at a unique link for each formal Council meeting to provide public comment during the remote meeting. Written comments may also be submitted before the meeting by sending an email to
council no later than 5:00 p.m. on the day of the meeting. Comments are submitted directly to the Mayor and City Councilmembers and will not be read individually into the record of the meeting.
d. Public Meeting View.
The view of the meeting will be much like a Regular Council Meeting. The meeting platform will be set so the Mayor and Council can be viewed at all times.
30.3 Meeting Support
a. IT Meeting Support. Staff tested the Zoom platform multiple times to plan for and mitigate possible unexpected scenarios. Some unexpected scenarios include: Zoom is an online program not under the City's control. Staff cannot guarantee the availability or reliability of Zoom. If Zoom is not working, the meeting will be rescheduled. If an individual's attendance is interrupted during the meeting, they will log back into the meeting as soon as possible. The City may utilize alternative platforms for meetings, similar limitations will apply.
The same scenario applies to internet connectivity. If the internet is interrupted or not working at City Hall or at a remote site where someone is participating, it is beyond staff control.
Councilmembers who have problems during the meeting can call the IT Help Desk for assistance, (360) 252-5494 and follow the prompts on the Voice Menu.
Tumwater City Council Rules and Procedures adopted 9/2012, updated 2016, 2020 and 2022.