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Resolution 1565RESOLUTION NO. 1565 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHING TON, AMENDING THE RULES OF PROCEDURE FOR THE CITY COUNCIL WHEREAS, Chapter 35A.12.120 RCW gives the City Council of each code city the power to set rules for conducting its business within the provisions of Title 35A RCW; and WHEREAS, the City Council adopted Resolution No. 1562 establishing Rules of Procedure to govern the conduct of council meetings and other council business; and WHEREAS, the City Council sees fit to update the Rules of Procedure to be be consistent with amendments made to Edmonds City Code 1.04, Council Meetings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHING TON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Rules of Procedure are hereby amended to reflect the changes shown in Exhibit A. Section 2. Repealer. Resolution No. 1562 establishing Rules of Procedure is hereby repealed. RESOLVED this 4th day of February, 2025. ATTEST/ AUTHENTICATED: ~ PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. APP ~/4- MAYOR, MIKE ROSEN January 30, 2025 February 4, 2025 1565 1 Exhibit A -COUNCIL RULES OF PROCEDURE COUNCIL RULES OF PROCEDURE TABLE OF CONTENTS SECTION 1. AUTHORITY 1 .1 Intent of Policies ............................................................................................ 1 1.2 Effect/Waiver of Rules .................................................................................... 1 1.3 Footnotes and References ............................................................................. 1 SECTION 2. COUNCIL ORGANIZATION 2. 1 Oath of Office ................................................................................................. 1 2.2 Election of Council President and Council President Pro Tern ....................... 1 2.3 Duties of Officers ............................................................................................ 2 2.4 Appointments to Boards and Commissions .................................................... 2 2.5 Filling a Council Vacancy ............................................................................... 2 SECTION 3. AGENDA PREPARATION 3.1 Role of City Clerk ............................................................................................ 3 3.2 Placement of Items on the Agenda ................................................................. 3 3.3 Format for Agenda Memos ............................................................................. .4 3.4 Agenda Item Priority ...................................................................................... .4 3.5 Readings for Ordinances ................................................................................ .4 SECTION 4. CONSENT AGENDA 4.1 Establishment of Consent Agenda ................................................................. 4 4.2 Adoption of Consent Agenda ......................................................................... 4 4.3 Removal of Item from Consent Agenda ......................................................... 4 SECTION 5. COUNCIL MEETINGS 5.1 Open Public Meetings ................................................................................. 5 5.2 Meeting Cancellation .................................................................................... 5 5.3 Regular Meetings ......................................................................................... 5 5.4 Forms of Address ......................................................................................... 6 5.5 Seating Arrangement ................................................................................... 6 5.6 Quasi-Judicial Items ..................................................................................... 6 5. 7 Council Committees ..................................................................................... 7 5.8 Executive Sessions ..................................................................................... 8 5.9 Special Meetings .......................................................................................... 8 5.10 Emergency Meetings ................................................................................. 8 5.11 Meeting Place ............................................................................................ 8 Exhibit A -COUNCIL RULES OF PROCEDURE 5.12 Notice of Meetings, Public Hearings .......................................................... 8 5.13 Quorum ...................................................................................................... 8 5.14 Attendance, Excused Absences .................................................................. 8 5.15 Remote Attendance ..................................................................................... 9 5.16 Role of Clerk ................................................................................................ 9 SECTION 6. COUNCIL CONDUCT 6 .1 General Conduct ............................................................................................ 9 6.2 Conduct with City Staff, and the Council Legislative Assistant ..................... 10 6.3 Conduct with Boards , Committees, Commissions, and Outside Agencies .... 10 6.4 Implementation, Compliance, and Enforcement. ........................................... 11 SECTION 7. CODE OF ETHICS 7.1 Code of Ethics .............................................................................................. 11 SECTION 8. PUBLIC TESTIMONY 8.1 Public Hearings ............................................................................................ 12 8.2 Audience Comments .................................................................................... 12 8.3 Group representation .................................................................................... 12 8.4 Quasi-Judicial Items ...................................................................................... 12 8.5 Recognition by Chair ..................................................................................... 13 8.6 Decorum ........................................................................................................ 13 8. 7 Identification of Speakers .............................................................................. 13 8.8 Instructions for Speakers ............................................................................... 13 8.9 Donation of Speaking Time .......................................................................... 13 8.10 Campaigns and Elections ........................................................................... 13 SECTION 9. MOTIONS 9.1 Voice Votes ................................................................................................... 13 9.2 Motions that do not Receive or Require Seconds ......................................... 13 9.3 Tie Votes ...................................................................................................... 13 9.4 Nature of Motion ............................................................................................ 13 9.5 Request for Written Motions .......................................................................... 13 9.6 Discussion Following a Motion ..................................................................... 13 9. 7 Council Consensus ...................................................................................... 14 9.8 Withdrawal of Motions .................................................................................. 14 9.9 Motion to Table .............................................................................................. 14 9.10 Motion to Postpone to a Time Certain ........................................................ 14 9.11 Motion to Postpone Indefinitely ................................................................... 14 9.12 Motion to Call for the Question .................................................................. 14 9.13 Motion to Amend ........................................................................................ 14 9.14 Repetition of the Motion Prior to Voting ..................................................... 14 9.15 Voting ......................................................................................................... 14 9.16 Recusal ...................................................................................................... 14 9.17 Silence and Abstention ............................................................................... 15 ll Exhibit A -COUNCIL RULES OF PROCEDURE 9.18 Prohibition of Voting by Proxy .................................................................... 15 9.19 Close of Discussion .................................................................................... 15 9.20 Motion to Reconsider ................................................................................. 15 9.21 Questions of Interpretation ......................................................................... 15 SECTION 10. ITEMS REQUIRING FOURVOTES ............................................. 15 SECTION 11. ITEMS REQUIRING A UNANIMOUS VOTE ................................ 15 SECTION 12. COUNCIL REPRESENTATION 12 .1 Correspondence .......................................................................................... 15 12.2 Use of City Resources ................................................................................. 16 12.3 Controversial Communications ................................................................... 16 SECTION 13. REIMBURSEMENT OF EXPENSES 13.1 Authorized Expenses .................................................................................. 16 SECTION 14. SUSPENSION AND AMENDMENT OF RULES 14 . 1 Suspension of Rules ................................................................................... 16 14 .2 Amendment of Rules ................................................................................... 16 iii Exhibit A -COUNCIL RULES OF PROCEDURE Section 1. Authority. 1.1 These rules constitute the official rules of procedure for the Edmonds City Council. In all decisions arising from points of order, the Council shall be governed by the current edition of Robert's Rules of Order," a copy of which is maintained in the City Council Office . 1.2 These rules of procedure are adopted for the sole benefit of the members of the City Council to assist in the orderly conduct of Council business. These rules of procedure do not grant rights or privileges to members of the public or third parties . Failure of the City Council to adhere to these rules shall not result in any liability to the City, its officers, agents, and employees, nor shall failure to adhere to these rules result in invalidation of any Council act. 1.3 Any provision of these rules of procedure that is footnoted with a citation to the Revised Code of Washington, the Edmonds City Code , or other statute or ruling is included here for ease of reference only and is not intended to be adopted as a rule herein because it already constitutes governing law . Likewise, any conflict between such a provision and the law cited in the footnote shall be resolved in favor of the law cited in the footnote. Provisions herein that are not footnoted with a citation to the Revised Code of Washington or the Edmonds City Code have been adopted by City Council resolution as the Council 's procedural rules and may be amended at any time by subsequent resolution . Sec ti on 2. Cou nc il Organizat ion. 2 .1 New Councilmembers shall be sworn in by one of the following persons: court commissioner, judicial officer, judge, clerk of the court, county auditor or deputy auditor, county commissioner or county councilmember, mayor of a code city , a town, or a second-class city, mayor pro tern of a second-class city, clerk of a code city, town clerk or deputy clerk. 2.2. The Council sha'II elect a Council President and Council President Pro Tern for a one-year term. The election of the Council President shall be conducted by the City Clerk. No one Councilmember may nominate more than one person for a given office until every member wishing to nominate a candidate has an opportunity to do so . Nominations do not require a second. The Clerk will repeat each nomination until all nominations have been made . When it appears that no one else wishes to make any further nominations, the Clerk will ask again for further nominations and if there are none, the Clerk will declare the nominations closed . A motion to close the nominations is not necessary. After nominations have been closed, voting for Council President takes place in the order nominations were made. Councilmembers will be asked to vote by a raise of hands. As soon as a nominee receives a majority vote (four votes), the Clerk will declare him/her elected. No votes will be taken on the remaining nominees. If Exhibit A -COUNCIL RULES OF PROCEDURE none of the nominees receives a majority vote, the Clerk will call for nominations again and repeat the process until a single candidate receives a majority vote . The same process is conducted for the election of the Council President Pro Tern. 2.3 Duties of Officers A. The Mayor shall be the Presiding Officer at all Council Meetings except Council Committee Meetings. In the absence of the Mayor, the Council President shall become Mayor Pro Tern and act as the Presiding Officer, performing the duties and responsibilities regarding conduct of meetings and emergency business. In the absence of both the Mayor and the Council President, the Council President Pro Tern shall act as a temporary Presiding Officer. B. It shall be the duty of the Presiding Officer to : 1. Call the meeting to order. 2 . Keep the meeting to its order of business. 3. Control discussion in an orderly manner. a. Give every Councilmember who wishes an opportunity to speak when recognized by the chair. b. Permit audience participation at the appropriate times. c . Require all speakers to speak to the question and to observe Robert's Rules of Order. 4 . State each motion before it is discussed and before it is voted upon. 5 . Put motions to a vote and announce the outcome. C. The Presiding Officer shall decide all questions of order, subject to the right of appeal to the Council by any member. 2.4 Appo intm en t s to Bo ards and Co mmittees1 The Council President shall appoint Councilmembers to Council committees and outside boards and committees that are not otherwise specified or governed by other rules . Prior to appointment, the Council President shall solicit interest from Councilmembers for their preferred appointments . The Council President shall then circulate the final appointment list to the Council at least seven (7) days prior to appointment. The Council President shall make his or her appointments as soon as practicable, following election of the Council President. 2.5 Fillin g a Co un c il Vacancy 1 ECC 1.02.03 l(B) 2 Exhibit A -COUNCIL RULES OF PROCEDURE A If a vacancy occurs in the office of Council member, the Council will follow the procedures outlined in the Revised Code of Washington 2 . To fill the vacancy with the most qualified person available until an election is held, the Council will widely distribute and publish a notice of the vacancy at least two weeks in advance, the procedure by which the vacancy will be filled, and an application form. B. The Council staff will draw up and Council will approve an application form to aid the Council's selection of the new Councilmember. C . Those candidates selected by the Council will be interviewed by the Council during a regular or special Council meeting open to the public. The order of the interviews will be determined by drawing the names. Applicants will be asked to answer questions posed by each Councilmember during the interview process. The interview process will be designed to be fair and consistent. Since this is not a campaign, comments about other applicants will not be allowed. D. The Council may recess into executive session to discuss the qualifications of all candidates. Nominations, voting and appointment of a person to fill the vacancy will be conducted during an open public meeting . E. The term of an appointed Council position expires upon certification of the next election . Sectio n 3. Age nda Preparati on. 3.1 In an administrative capacity , the City Clerk receives agenda topics and preferred dates from the administration for council or council committee agendas. The same process applies to the extended council meeting agendas. The City Clerk provides these inputs to the Council President for agenda setting in advance of publishing the agenda for the next public meeting. The Council President is responsible for determining which items will be moved forward for council business or moved to a future date. In the same way, the president determines what section of the meeting an item will appear and in what order. The resulting agendas for Council committees and Council regular meetings will set forth a brief general description of each item to be considered by the Council and specify the time and place of the meeting. The agenda for the next council meeting and the extended agenda are published online by the City Clerk. 3.2 An item for a Council meeting may be placed on the agenda by one of the following methods: 2 RCW 42.12.070 3 Exhibit A -COUNCIL RULES OF PROCEDURE A Majority vote or consensus of the Council. B. By the Council President or Council President Pro Tern when acting in the absence of the Council President. The Council President will make every effort to place an item Council approved by consensus or majority vote on an agenda. If time is not available for the requested date, it shall be placed on the next available agenda. 3.3 Agenda memos shall be in a standard format. The Mayor shall determine the format. 3.4 Agenda items will generally be prioritized in the following order of importance: 1) joint meetings or presentations involving outside agencies; 2) items scheduled for statutory compliance; 3) advertised public hearings; 4) continued items from a prior meeting; and 5) items scheduled for convenience, such as those involving outside consultants. 3.5 Except when the Council President has authorized an exception for items of an emergency or unexpected nature requiring immediate action, ordinances scheduled for Council action will receive a minimum of two readings . Action by the Council (by the consent agenda , or council motion and vote) will always be one of the readings . Other reading(s) will be in the number the topic warrants, and could include any or all of the following : 1. publication on the extended agenda 2 . presentation of the topic by staff 3 . discussion at council committee and/or meetings of the full council 4 . public hearings (sometimes mandated by law) Section 4. Consent Agenda. 4.1 Upon approval of the Council President, the administration shall place matters on the Consent Agenda which: (a) have been previously discussed by the Council or council committee , or (b) based on the information delivered to members of the Council , by the administration , can be reviewed by a Councilmember without further explanation , or (c) are so minor or routine in nature that passage is likely. 4.2 The motion to adopt the Consent Agenda shall be non-debatable and have the effect of moving to adopt all items on the Consent Agenda . 4 .3 Since adoption of any item on the Consent Agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the Consent Agenda. Councilmembers are given an opportunity to remove items 4 Exhibit A -COUNCIL RULES OF PROCEDURE from the Consent Agenda after the motion is made and seconded to Approve the Agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda at the current or future Council meeting, subject to Council agreement. Section 5. Council Meeti ngs. 5.1 All Council meetings shall comply with the requirements of the Open Public Meetings Act3 . All Regular Meetings, Committee Meetings, and Special Meetings of the Council shall be open to the public. A Council meeting is defined as a properly noticed meeting in which a quorum of the Council transacts official City business as defined by the OPMA. Meetings under the OPMA require an agenda, public notice, and an official record in the form of meeting minutes. Meetings attended by Council members which do not involve the transaction of City business are not considered meetings under the Act. If a quorum of Council members attends such meetings, they are encouraged to sit separately , refrain from discussing City business , and only participate as passive observers . 5.2 Any Council meeting may be canceled by a majority vote or consensus of the Council. The Council President may cancel a Council meeting for lack of official business. 5.3 Regular Meetings4 of the City Council shall be held in accordance with the meeting schedule adopted in Edmonds City Code 1.04.010. Council meetings shall adjourn no later than 4G~:OO p .m. on the day initiated unless such adjournment is extended by an affirmative vote of a majority of the Council as a whole plus one. 3 RCW 42.30 Order of Business f o r Regular Meetings. The order of business shall generally be as follows : Regular Meeting (-7§:00 p .m .) 1. Call to Order, Flag Salute 2 . Land Acknowledgment 3. Roll Call 4. Approval of the Agenda 5. Presentations 6 . Public Comment 7. Approval of the Consent Agenda 8. Received for Filing 5 4 ECC 1.04 .0lO (A ) 5 Received for Filing is a method of providing information on an agenda that doesn 't require council action. It includes but is not limited to: financial reports , program/project status updates, committee reports, claims for damages , public comments, and appointments to boards/commissions . 5 Exhibit A -COUNCIL RULES OF PROCEDURE 9. Public Hearing(s) 10 . Council Business: The following procedures shall be used: • Introduction of item by Presiding Officer • Presentation by staff • Council motion to adopt legislation • Council deliberation and potential action 11 . Council Comments 12 . Mayor's Comments 13 . Adjournment (4-G~:00 PM) 5.4. Meetings of the council shall be presided over by the mayor, if present, or otherwise by the mayor pro tempore (Council President or Council President Pro Tempore) or by a member of the council selected by a majority of the councilmembers at such meeting. Appointment of a councilmember to preside over the meeting shall not in any way abridge his or her right to vote on matters coming before the council at such meeting . 5.5 . At all meetings, the Mayor shall be addressed as "Mayor (surname)." The Council President shall be addressed as "Council President (surname)." Members of the Council shall be addressed as "Councilmember (surname)." At all meetings, the Mayor shall sit in the Presiding Officer's seat, and the Council President shall sit at the right hand of the Mayor. Other Councilmembers are to be seated in a manner acceptable to Council. If there is a dispute, seating shall be in position order. 5.6 Prior to commencement of discussion of a quasi-judicial item, the Mayor will ask if any Councilmember has a conflict of interest or Appearance of Fairness Doctrine concern which could prohibit the Councilmember from participating in the decision-making process . If it is deemed by the Councilmember, in consultation with the City Attorney, that it is warranted, the Councilmember should step down and not participate in the Council discussion or vote on the matter. The Councilmember shall leave the Council Chambers while the matter is under consideration. 5. 7 Council Committees 6. The City Council shall have the following Standing Committees: Finance ("FIN"); Parks and Public VVorks ("PPVV''); Public Saf:ety , Personnel, Human Services , and Planning ("PSPHSP") Committee A: Committee B, and Comm ittee of the Whole . Regular meetings of the City Council standing committees shall be held in accordance with the meeting schedule adopted in Edmonds City Code 1.04 .010. The audio and/or video of Council Committee meetings shall be recorded and posted online. A . The purpose of council committees is to provide a forum for discussion 6 ECC 1.04.010(8) 6 Exhibit A -COUNCIL RULES OF PROCEDURE and vettin g of top ics o r iss ues pro pos ed fo r counci l ap p rova l. Th is for um may address issues of a minor or routine na tu re , or significant issues that warrant additional info rm ati on sharin g an d discuss ion p ri o r t o fi nal coun cil action . A B. Business items considered by a City Council committee should only be forwarded to the City Council Consent Agenda with the unanimous consent of the committee members. 7 .B,. C. Committee business items that have not received unanimous support of the committee to be forwarded to the Consent Agenda may be discussed at a forthcoming committee meeting if additional committee work is likely to produce unanimity . Alternatively, the Council President may place the item on a future Council agenda for further deliberation and/or action by the City Council.8 G,. D. The Council President shall be a nonvoting ex-officio member of all Council committees , except when a regular committee member is absent, in which case the Council President may vote. When a committee chair is absent, the oth e r reg u lar committe e me m be r sh all se rv e as th e co mmittee GRaif regular comm ittee member with the most council seniority will chair, or in case of a tie in se nio rity, the co u nci lmember w ith th e lowest cou ncil pos iti on. 9 G:-£,. The Mayor and Council members from other committees may attend committee meetings of which they are not members and may join the discussion and ask questions about a committee business item if they have been present during the entire discussion of that business item; provided , that only committee members , or the Council President when substituting for an absent committee member, may vote on committee business. Presence of a quorum of the City Council at a committee meeting shall not change the character of the meeting from a committee meeting to a City Council meeting.10 F. Items ma y be placed on the agenda of any standing com m ittee at the discretion of the co u ncil president, PROVIDED THAT any standing committee agenda may be modified during any reg ular meeting of the committee by the consent of a ma jo rity of the committee.11 5.8 The Council may hold Executive Sessions or Closed Sessions from which the public may be excluded, for those purposes set forth in the Revised Code of 7 ECC 1.04.050 8 ECC 1.04 .050 9 ECC 1.04.050 10 ECC 1.04.050 11 ECC 1.04.050 7 Exhibit A -COUNCIL RULES OF PROCEDURE Washington 12 . Before convening an Executive Session, the Presiding Officer shall announce the purpose of the Session and the anticipated time when the Session will be concluded. Should the Session require more time, a public announcement shall be made that the Session is being extended. Councilmembers should keep confidential all written materials and verbal information provided to them during Executive Sessions, to ensure that the City's interests are not compromised. Councilmembers should refrain from taking notes in Executive Session because such records may be subject to public disclosure , thereby compromising the confidential nature of the matters discussed. Confidentiality also includes information provided to Councilmembers outside of Executive Sessions when the information is exempt from disclosure under the Revised Code of Washington . If a Councilmember unintentionally discloses Executive Session discussion with another party , that Councilmember shall make full disclosure to the Mayor and/or the City Council in a timely manner as soon as the error is discovered. 5.9 Special Meetings 13 may be held by the Council subject to notice requirements prescribed by State law. Special Meetings may be called by the Council President, Mayor, or any four members of the City Council by written notice delivered to each member of the Council at least twenty-four hours before the time specified for the proposed meeting. The notice of such Special Meetings shall state the subjects to be considered, and no subject other than those specified in the notice shall be considered. 5.10 An Emergency Meeting 14 is a special Council meeting called without the 24- hour notice. It deals with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, 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 or the Council President with the consent of a majority of Councilmembers. The minutes will indicate the reason for the emergency. 5.11 Special Meetings and Emergency Meetings will be at a time and place as Council directs. 5.12 The City shall comply with the public notice provisions of the Revised Code of Washington 15 . Unless specified otherwise, the public shall receive notice of upcoming public hearings through publication of such notice in the City's official newspaper at least ten (10) days prior to the hearing . 5.13 At all Council Meetings, a majority of the Council (four members) shall constitute a quorum for the transaction of business . In the absence of a quorum, the 12 RCW 42.30.110 and RCW 42 .30.140 13 RCW 42.30 14 RCW 42.30 15 RCW 35A.12 .160 8 Exhibit A -COUNCIL RULES OF PROCEDURE members present may adjourn that meeting to a later date . 5.14 Members of the Council may be excused from attending a City Council meeting by contacting the Council President prior to the meeting and stating the reason for his or her inability to attend. If the member is unable to contact the Council President, the member shall contact the Mayor, who shall convey the message to the Council President. Following roll call, the Presiding Officer shall inform the Council of the member's absence, state the reason for such absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the Clerk will make an appropriate notation in the minutes. Councilmembers who do not follow the above process will be considered unexcused and it shall be so noted in the minutes. A motion to excuse a Councilmember may be made retroactively at the next meeting. Removal of a sitting Councilmember for three (3) consecutive unexcused absences is authorized by RCW 35A.12.060 . 5.15 Remote Attendance: Notification of the need to attend a meeting remotely shall be made to the City Clerk by noon of the meeting day . When attending a council meeting remotely , Councilmembers must have video and audio capabilities and enable them during the meeting whenever possible. Any attendee (Council, staff, or presenter) must enable their video and audio when speaking, unless technical difficulties do not allow . Attendees must attempt to contact the technology department to resolve any problems prior to the meeting. If the problem cannot be resolved, the attendee must inform the Council President and/or the Mayor prior to the meeting. 5.16 The City Clerk or an authorized Deputy City Clerk shall attend all Council meetings . If the Clerk and the Deputy Clerk are absent from any Council meeting, the Mayor shall appoint a Clerk Pro Tempore. The minutes of the proceedings of the Council shall be kept by the City Clerk and shall constitute the official record of the Council. Section 6. Council Conduct. The City Council finds that Councilmembers should seek to continually improve the quality of public service and ensure public confidence in the integrity of local government and its effective, transparent, and equitable operation. Councilmembers have a public stage and privileged platform to show how individuals with contrasting points of view can find common ground, demonstrate problem-solving approaches, and achieve solutions that benefit the community as a whole. Central to these principles is that civility and decorum shall apply to all Councilmember conduct in relation to city business. To this end, the following Code of Conduct for members of the Edmonds City Council is established. 6.1 General Conduct 9 Exhibit A -COUNCIL RULES OF PROCEDURE A. Councilmembers shall focus discussions and debates on vision, policies, and their implementation . B. No Councilmember shall dominate proceedings during Council or other public meetings. C. Personal, insulting, or intimidating language, body language and actions , are not allowed. Councilmembers may raise a point of order for ruling by the Chair or by the Body to address inappropriate remarks. D. Ensuring that all meeting participants feel welcome is a vital part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of Councilmembers toward any individual participating in a public meeting. Every effort should be made to be respectful in listening to Council, staff and public testimony and discussions . E. Technology allows words written or said to be distributed far and wide. Councilmember written notes, voicemail messages, texts , email, or other electronic communications, are public records and shall follow this code . 6.2 Co nd uct wi th City Staff, and th e Co un cil Leg islati ve Ass ist an t The community is best served when the abilities, experience, and knowledge of staff and contract employees work alongside councilmembers, and councilmembers will value these resources and relationships by: A. Using respectful language and avoiding aggressive tones . B. Whenever possible, provide questions ahead of public meetings and otherwise avoid surprises . C . Recognize that calls and emails may not be returned outside of business hours. D. Expressing concerns about performance only to the Mayor, in the case of staff, and the Council President, in the case of Council legislative aide . E. Understanding that Council, as a legislative body, directs City business via policy change initiated by majority Council vote only; councilmembers acting individually shall refrain from directing staff or otherwise intruding on the City's administrative functions . 6.3 Conduct with Boards , Committees , Co mmi ss ion s, a nd O utside Age nc ie s Exhibit A -COUNCIL RULES OF PROCEDURE A The City maintains several boards and commissions as a means of encouraging and gathering community input. Residents who serve on boards and commissions are a valuable resource to the City 's leadership and shall be treated with appreciation and respect. B. Councilmembers are appointed as non-voting members to serve as the primary two-way communication liaison between the Council and boards, commissions, and committees. Councilmembers are not to direct the activities or work of the board, commission, or committee. C . Councilmembers may attend any board or commission meeting to which they are not appointed but shall do so as a member of the public. Personal comments or positions, if given, will be identified as such and shall not be represented as the position of the City or Council. D . Councilmembers shall not contact a board or commission member to lobby on behalf of an individual, business, or organization, with the exception of the hearing examiner or architectural design board . It is acceptable for Councilmembers to contact boards or commissions and their members, so long as all interactions are in line with the Edmonds Code of Ethics. E. When attending a non-city sponsored event, meeting, conference, or other activity , Councilmembers shall do so in an individual Councilmember capacity only. Likewise , a Councilmember may be authorized to represent the City only in compliance with RCW 35A.12.100. 6.4 Implementation , Compliance , and Enforcement As an expression of the standards of conduct that best serve the City, the Code of Conduct is intended to be self-enforcing and is most effective when members are thoroughly familiar with it and embrace its provisions . A This Council Code of Conduct shall be included in the regular orientations for newly seated Councilmembers. Members entering office shall sign a statement affirming they read and understood the City of Edmonds Council Code of Conduct. B. The Code of Conduct shall be reviewed and reaffirmed annually by the City Council. C. When a breach of this code occurs, Councilmembers are encouraged to remind one another of the Code of Conduct terms . These communications may be documented with the subject line, "Code of Conduct Reminder." D. Repeated breaches, or egregious instances, may be dealt with according 11 Exhibit A -COUNCIL RULES OF PROCEDURE to the terms set out in the Council's adopted Robert's Rules of Order or other applicable laws and regulations. Section 7. Code of Ethics. 7 .1 Code of Ethics. The purpose of a Code of Ethics is to strengthen the quality of government through ethical principles which shall govern the conduct of the City Council. To this end, the Council shall: 1. Be dedicated to the concepts of effective and democratic government. 2. Affirm the dignity and worth of the services rendered by government and maintain a sense of social responsibility. 3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships . 4. Recognize that the chief function of local government at all times is to serve the best interest of all the people. 5. Keep the community informed on municipal affairs and encourage communications between the citizens and all municipal officers. Emphasize friendly and courteous service to the public and each other; seek to improve the quality of public service, and confidence of citizens . 6. Seek no favor; do not personally benefit or profit by confidential information or by misuse of public resources. 7. Conduct business of the city in a manner which is not only fair in fact, but also in appearance. Section 8. Public Testimony. 8.1 Public Hearings: a . Individuals will be allowed three minutes to speak. b. The Presiding Officer may allow additional time for receipt of written testimony when needed . c. The Clerk shall be the timekeeper. d. Prior to closing the public hearing, the Presiding Officer shall inquire if there are any additional speakers other than those that have signed up and previously spoken, and if there are, they shall be allowed to testify. 8 .2 Other Audience Comment at Regular Meetings Audience comments are offered at the beginning of regular meetings. This is an opportunity for members of the public to speak to any topic not listed as a public hearing or closed record review . 12 Exhibit A -COUNCIL RULES OF PROCEDURE A speaker sign-up form will be at the entry table. The procedures for the Public Hearing testimony in 8.1 A and C above are generally followed for audience comment; 8.1 D is followed for audience comment as time allows. 8.3 When large numbers of people are signed up to speak on the same topic, the Presiding Officer may request that the group(s) select a limited number of speakers to cover their view and then ask all those who agree w ith that position to stand at the conclusion of each presentation. 8.4 Public testimony authorized in Section 8.2 and 8.3 may not include comments or information on any quasi-judicial matter pending before the City Council, or on any topic for which Council has closed the public record . 8.5 No person shall be allowed to address the Council while it is in session without the recognition of the Presiding Officer. 8.6 It shall be unlawful for any person in the audience at a Council meeting to do any of the following: Engage in disorderly, disruptive, disturbing, delaying or boisterous conduct, such as, but not limited to, handclapping, stomping of feet, whistling, making noise, use of profane language or obscene gestures , yelling or similar demonstrations , which conduct substantially .interrupts, delays , or disturbs the peace and good order of the proceedings of the Council.16 8 . 7 Persons testifying shall identify themselves for the record as to name, City of residence and any organization represented. 8.8 An instruction notice for speakers will be available at the meeting. Speakers will be advised by the Presiding Officer that their testimony is being recorded. 8.9 Time cannot be donated by one speaker to another. 8.10 No person may use audience comment to promote or oppose any candidate for public office. In election years, a campaign officially begins when a candidate files their candidacy with the elections office and continues through the election. Section 9. Motions. 9.1 Unless otherwise provided for by statute, ordinance, or resolution, all votes shall be taken by voice and hand raise , except that at the request of any Councilmember, a roll call vote shall be taken by the City Clerk. 16 Acosta v. City of Costa Mesa, 718 F.3d 800 (9th Cir. 2013), Id ., at 816 13 Exhibit A -COUNCIL RULES OF PROCEDURE 9.2 A motion must precede deliberation of an action item. A Councilmember should make a motion, which is seconded by another Councilmember, on the topic under discussion. If the motion is not seconded, it dies . Some motions do not require a second: nominations, withdrawal of a motion, request for a roll call vote, and point of order. 9.3 In case of a tie vote on a motion, the motion shall be considered lost. If the motion is an item for which the Mayor may break the tie vote, the Mayor may vote on the motion. 9.4 Motions shall be clear and concise and not include arguments for the motion. 9.5 Motions shall be reduced to writing when required by the Presiding Officer or any member of the Council. All resolutions and ordinances shall be in writing. 9 .6 After a motion has been made and seconded, Councilmembers may discuss their opinions on the issue prior to the vote. If they wish to do so, they may state why they will vote for or against the motion. 9 . 7 When the Council concurs or agrees with an item that does not require a motion, the Mayor will summarize the Council's consensus at the conclusion of the discussion. 9.8 A motion may be withdrawn by the maker of the motion upon consent of the Council. 9.9 A motion to table is nondebatable. It requires a majority to pass. If the motion to table prevails, the matter may only be "taken from the table" at the same meeting or the next regular meeting . 9.10 A motion to postpone to a specific time is debatable, amendable, and may be reconsidered at the same meeting. It requires a majority to pass. The motion being postponed must be considered later in the same meeting or a specific future meeting. 9.11 A motion to postpone indefinitely is debatable, is not amendable, and may be reconsidered at the same meeting. It requires a majority to pass. The merits of the main motion may be debated . 9.12 A motion to call for the question shall close debate on the main motion and is nondebatable. This motion must receive a second and fails without a two-thirds (2/3) vote. Debate is reopened if the motion fails. 9.13 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, striking out and inserting, or substituting. 14 Exhibit A -COUNCIL RULES OF PROCEDURE 9.14 When the discussion is concluded, the motion maker, Mayor, or City Clerk, shall repeat the motion prior to voting. 9.15 The City Council votes on the motion as restated. If the vote is unanimous, the Mayor shall state that the motion has been passed unanimously according to the number of Councilmembers present, such as "7-0" or "6-0." If the vote is not unanimous, the Mayor shall state the number of Councilmembers voting in the affirmative and the number voting in the negative and whether the motion passes or fails. 9.16 Personal involvement in an issue coming before Council shall be a trigger to consult with the City Attorney regarding possible conflict of interesUneed for recusal from that council business item. If such conflict of interest or an appearance of fairness question under state law 17 is established, the Councilmember shall recuse themselves from the issue and shall leave the Council chambers during discussion and voting on the issue. That Councilmember shall be considered absent when voting occurs . 9 .17 If a member of the Council is silent on a vote, it shall be recorded as an affirmative vote. If a member of the Council abstains, it shall be recorded as an abstention and not included in the vote tally. 9.18 No vote may be cast by proxy. 9.19 Once the vote has been taken, the discussion is closed. It is not necessary for Councilmembers to justify or explain their vote . If they wish to make their positions known, this should happen during the discussion preceding the vote. 9 .20 After the question has been decided, any Councilmember who voted in the majority may move for a reconsideration of the motion. The motion for reconsideration must be made at the same or next regular meeting . 9 .21 The City Attorney, in consultation with the City Clerk, shall decide all questions of interpretations of these policies and procedures and other questions of a parliamentary nature which may arise at a Council meeting . All cases not provided for in these policies and procedures shall be governed by the current edition of Robert's Rules of Order. In the event of a conflict, these Council rules of procedures shall prevail. Section 10. Items Requiring Four Votes. The passage of any ordinance, grant or revocation of franchise or license, any resolution for the payment of money or approval of warrants shall require the affirmative vote of at least a majority of the whole 17 RCW 42.36 and RCW 42.23.020 15 Exhibit A -COUNCIL RULES OF PROCEDURE membership of the Council (4 votes). 18 Section 11. Items Requiring a Unanimous Vote. An ordinance must be adopted unanimously where both of the following conditions exist: 1) the ordinance is subject to referendum under RCW 35A.11.090, as limited by Leonard v . City of Bothell, 87 Wn .2d 847 , 852-53, 557 P.2d 1306, 1310 (1976) ("If the grant of power is to the city as a corporate entity, direct legislation is permissible insofar as the statute is concerned. On the other hand, if the grant of power is to the legislative authority of the city, the initiative and referendum are prohibited ."), and similar case law, and; 2) the ordinance is proposed to take immediate effect under RCW 35A.11 .090(2). Section 12. Counc il Representation. 12.1 Once the City Council has taken a position on an issue, all official City correspondence regarding the issue will reflect the Council's adopted position . 12 .2 City letterhead, email and other city resources shall not be used for correspondence of Councilmembers representing a dissenting point of view from an official Council position . 12.3 As a matter of courtesy, letters to the editor, or other communication of a controversial nature, which do not express the majority opinion of the Council, shall be presented to the full Council prior to publication . Section 13. Reimburseme nt of Expe nses. 13.1 Council adopted the City of Edmonds Employee Expenses, Volunteer Recognition and Reimbursements Policy 19 for application to Council as enumerated therein . In addition to the option of prior approval of training course-by-course as outlined in Section VI of the Policy, a Council President may also pre-authorize trainings relevant to the councilmember role up to a pre-authorized budget amount per councilmember annually. Section 14. Suspension and Amendment of Rules. 14.1 Any provision of these rules not governed by state law, City code, fundamental parliamentary principle, or other statute or rule may be temporarily suspended by a majority vote of the Council. 14.2 It is the intent of the City Council that the rules of procedure be periodically 18 RCW 35A.12.120 19 Resolution 1516, November 1, 2022 16 Exhibit A -COUNCIL RULES OF PROCEDURE reviewed as needed or during odd-numbered years. These rules may be amended, or new rules adopted, by a majority vote of the Council, provided that the proposed amendments or new rules shall have been distributed to Council at least two weeks prior to such action. ADOPTED BY: RESOLUTION NO . 1562 AMENDED BY: RESOLUTION NO. 1565 17