Ordinance 4266ORDINANCE NO.4266
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 1.05.010 OF THE
EDMONDS CITY CODE TO REMOVE THE LIMIT ON THE
NUMBER OF TIMES THAT MEMBERS OF CITY BOARDS
AND COMMISSIONS MAY PARTICIPATE IN THEIR
MEETINGS REMOTELY AND TO CLARIFY CERTAIN
PROVISIONS RELATED TO REMOVAL AND EXCUSED
ABSENCES.
WHEREAS, Chapter 1.05 of the Edmonds City Code provides the basic requirements for
attendance and quorums for the city's boards and commissions; and
WHEREAS, additional specific provisions regarding quorums and other details are
provided for in the respective sections for each board and commission found in Title 10 ECC; and
WHEREAS, ECC 1.05.010 has, since 2018, placed a limit on the number of times per year
that members of the city's boards and commissions are allowed to participate remotely; and
WHEREAS, the necessities brought on by the COVID-19 pandemic have made the use of
remote participation technology much more common and acceptable; and
WHEREAS, the city, through gubernatorial proclamation, was required to provide remote
meeting access during the height of the pandemic; and
WHEREAS, now that the proclamation has expired, the city is no longer required to
provide remote meeting access; and
WHEREAS, the OPMA as revised in 2022 does not require a remote meeting option, but
does allow it in addition to an in -person option; and
WHEREAS, even though in -person meetings are once again allowed, some members of
the city's boards and commissions have expressed a preference to continue participating remotely
for health, access, and other reasons; and
WHEREAS, the city council finds it to be in the public interest to remove the two -times -
per -year limit for remote participation; and
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WHEREAS, there is no substitute for in -person attendance in building relationships and
community, so in -person attendance is highly encouraged by members of the city's boards and
commissions; and
WHEREAS, the city council acknowledges that an individual's unique circumstances may
make remote participation necessary or preferable at times; and
WHEREAS, the city's leniency toward remote participation should not be understood by
members of the city's boards and commissions (or members of the public) as a guarantee that
remote meeting technologies will always work; and
WHEREAS, there may be times when a member who opts to participate remotely may not
be able to participate in a meeting due to a failure of technology; and
WHEREAS, ECC 1.05.010 could also be made more clear by referencing other
expectations of the city's board and commission members and possible bases for removal; and
WHEREAS, the city council would also like to take this opportunity to clarify that a chair's
determination is subject to appeal to the full board or commission under Robert's Rules;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. Section 1.05.010 of the Edmonds City Code, entitled "Attendance required —
Remote Participation," is hereby amended to read as follows (new text is shown in underline,
deleted text is shown in stril e ihratig'i):
1.05.010 Attendance required — Remote Participation Allowed.
A. In addition to being subject to removal for other particularized grounds as set forth in
applicable provisions of the Edmonds City Code and violations of the City of Edmonds
Code of Ethics for Board and Commission Members, members of all city boards,
commissions and committees (hereinafter "members"), except as set forth herein, shall be
removed from office, and the position deemed vacant as set forth in ECC 1.05.020(C) if
such member attends less than 70 percent of the regular meetings in any one calendar
year, and/or is not in attendance at three or more consecutive regular meetings. Members
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may participate in board and commission meetings remotely (by telephone, video
conference, etc.) up t6 two ' "e` Pe- ^ 1_ r year-, and such participation shall be
considered attendance for the purposes of this subsection; provided, that any such
participation must allow for all other members of the board or commission and any public
in attendance to hear the member on the remote device; and provided further, that any
member participating remotely must commence participation at the beginning of the
meeting and must declare an intention to participate until the end of the meeting. Remote
participation is not a right. Reasonable efforts should be made to facilitate remote
participation within the limits of the city's personnel and fiscal resources. but technical
disruption ma still occur. After resuming a remote connection after any technical
disruption of said connection, the chair shall determine, subject to appeal, whether a
remote member may participate in any action on a matter that may have been discussed
during the disconnection, based on the duration of the disconnection, nature of the
discussion, etc.
B. The chairperson of the particular board, commission or committee may excuse subject
bject
to appeal, any member from attendance at any particular meeting or meetings for reasons
that are (1) work related, (2) due to illness or death in the family, Of (3) extended
vacations in excess of two weeks in length or 4 technical disruption; provided,
however, each such excused absence shall be so noted by the chairperson at the meeting
from which the member is being excused and such fact shall be recorded in the minutes
along with the reason given for the excused absence by the member. Excused absences
shall not be counted for purposes of removal from office, but only if so noted in the
minutes as set forth herein. In the absence of the chairperson, the member acting in the
chairperson's behalf, such as vice -chairperson or pro tem, shall make the determination.,
subject to apgeal, of whether the absence is excused, and announce the same for
recording in the minutes of the meeting from which the member is excused.
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Effective Date. This ordinance is subject to referendum and shall take effect
thirty (30) days after final passage of this ordinance.
APPROVED:
MAYO M IKE NELSON
ATTEST/AUTHENTICATED:
/5 -
C1 CL K, SC ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
FILED WITH THE CITY CLERK: June 24, 2022
PASSED BY THE CITY COUNCIL: June 28, 2022
PUBLISHED: July 1, 2022
EFFECTIVE DATE: July 28, 2022
ORDINANCE NO. 4266
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SUMMARY OF ORDINANCE NO.4266
of the City of Edmonds, Washington
On the 281h day of June, 2022, the City Council of the City of Edmonds, passed Ordinance No.
4266. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 1.05.010 OF THE
EDMONDS CITY CODE TO REMOVE THE LIMIT ON THE
NUMBER OF TIMES THAT MEMBERS OF CITY BOARDS
AND COMMISSIONS MAY PARTICIPATE IN THEIR
MEETINGS REMOTELY AND TO CLARIFY CERTAIN
PROVISIONS RELATED TO REMOVAL AND EXCUSED
ABSENCES.
The full text of this Ordinance will be mailed upon request.
DATED this 28th day of June, 2022.
CI ERK, SCO P SEY
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Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH957978 ORDINANCE NO.
4266 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
07/01/2022 and ending on 07/01/2022 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of he fee for suc publication is
$27.52.
Subscribed and sworn ' fare me on this
day of
a
5rary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTT PASSEY
Linda Phillips
Notary PubIiC
State of \Vashington .
My Appointment Expires E125i2025
Commission Number 4417 E`
Classified Proof
ORDINANCE SUMMARY
p} the City Df Ednwnd5, Wdsld+gton
On the 29Vr day a! JurM, 2022, the City Cau1ILN of the Cily of
Edmonds, passBo the }allawfng Ordinance, the summary of sald
wdJnahce cpnsiBtlfg D! title Is provided as (allows:
ORDINANCE NO. 4266
AN ORDINANCE OF THE CITY OF EDMONDS, WASH INGTON.
AMENDING SECTION I.05.010 OP THE EDtdONDS CITY CODE
TO REMOVE THE LIMIT ON THE NUMBER OF TIMES THAT
t.IEMBERS OF CITY BOARDS AND COMMISSIONS MAY
PARTICIPATE IN THEIR MEETINGS REMOTELY AND TO
CLARIFY CERTAIN PROVISIONS RELATED TO REMOVAL AND
EKCU S ED ABSENCES,
DATED this 281h Da ofJune 2022.
CITY CLERK. SCOTT PASSFY
Published: July 1, 2022, EDH997978
Proofed by Phillips, Linda, 07/01/2022 12:57:33 pm Page: 2