RES 2010-15 MANUAL OF CITY GOVERNANCE POLICIES, PROCEDURES AND GUIDELINESManual of City Governance
Policies, Procedures and Guidelines
Resolution No. 2010-1 S
Adopted March 10, 2010
A Comprehensive Collection of
Governance Principles, Policies, Procedures,
Standards of Conduct, Meeting Rules
and References to Applicable Law
Introduction
In May 2009, the citizens of Bainbridge Island voted to change the City's governance structure to a
Council -Manager form of government. Subsequently, Council appointed two Councilmembers as an
ad hoc committee to research best practices for Council -Manager governments. After Stan McNutt
joined the City in November 2009, he assisted the full Council in that work.
Previously, the City's Mayor/Council form of government was guided by a "Legislative Protocol
Manual" (dated 2003, updated in 2006), a "City Council / Executive Decision Making Handbook"
(2007) and "Council Meeting Ground Rules" (2007).
This manual is intended to replace those three previous documents, and to serve as a guide for the
Council, city management and the community regarding the policies, principles and procedures that
embody the City's Council/Manager form of governance.
The responsibilities of modern government require that we update the procedures which help us
function effectively in the current atmosphere of complex laws, rules and regulations. Thus we have
an opportunity to refine and expand those initial rules of self-government.
While some other sources of standards and practices do exist, unfortunately those examples are
scattered in a number of resources and references. The Bainbridge Island Manual of City Governance
represents standards for Bainbridge Island government practices in a single document. It is a
comprehensive collection of policies, meeting rules, coordination procedures, administrative
references, public outreach guidelines and procedures. Included, by reference, are relevant provisions
of applicable state and local law. Also included are principles to guide the Council/Manager form of
government.
This manual can be a valuable resource for Bainbridge Island, the City's citizens, the City Council and
City management as we continue to work together for effective and efficient local government.
Not surprisingly, the attorneys we rely on for legal guidance want everyone to know that these rules
should not be construed to invalidate any action of the City Council or City Manager that is otherwise
in compliance with applicable law.
It is recommended that the members of the City Council and City management be familiar with the
contents of this manual and keep it close at hand.
This manual (as adopted by Resolution) is a legislative act and is intended to remain in force except to
the extent that any portion may be subsequently be amended or rescinded by act of Council. See,
however, Article 9, which explains certain limitations on the intended use of this Manual.
Respectfully submitted,
Council members Kim Brackett, Hilary Franz, Kirsten Hytopoulos, Bill Knobloch, Debbi Lester,
Barry Peters, and Bob Scales; Interim City Manager Lee Walton and Interim Deputy City Manager
Stan McNutt
RESOLUTION No,, 2010-15
A RESOLUTION OF THE CITY OF BAINBRIDGE ISLAND
ADOPTING A MANUAL OF CITY GOVERNANCE
POLICIES, PROCEDURES AND GUIDELINES
FOR THE COUNCIL-MANAGER FORM OF GOVERNMENT.
WHEREAS, the City Council desires that city government be transparent and accountable to the
public; and
WHEREAS, the City Council seeks to govern in a manner that is responsive to the community, in
collaboration with City management, and in a business -like and professional manner; and
WHEREAS, written principles, policies and procedures best assure an atmosphere conducive to
principled, accountable and transparent governance,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. There is hereby adopted by reference, "City of Bainbridge Island Manual Of City
Governance Policies, Procedures and Guidelines" dated March 2010, which is attached hereto
as Exhibit "A".
ADOPTED by the City Council of the City of Bainbridge Island, Washington at the regular
meeting of the City Council on the 10th day of March, 2010.
APPROVED by the Mayor of the City of Bainbridge Island, Washington on the 24th day of
March 2010.
ATTEST/AUTHENTICATE:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NUMBER
March 2, 2010
March 10, 2010
2010-15
TABLE OF CONTENTS
ARTICLE1: PRINCIPLES........................................................................................................................... 1
1.1
VALUES..................................................................................................................................... 1
1.1.1
City Leaders Listen to the Community.............................................................................................................. I
1.1.2
Collaboration is Valued................................................................................................................................... 1
1.1.3
City Leaders Lead and Reason Together.......................................................................................................... 1
1.1.4
The City Exemplifies Profess ional ism in City Management............................................................................. 1
1.2
RELATIONSHIP BETWEEN COUNCIL, CITY MANAGER, STAFF AND PUBLIC ................................. 1
1.2.1
Council Oversees City Organization But Does Not Interfere With Management ............................................. 1
1.2.2
Council and City Manager Roles and Responsibilities Differentiated............................................................. 1
1.2.3
Performance -Driven Management................................................................................................................... 1
1.2.4
City Attorney Is Legal Counsel to the City and Its Officials Collectively......................................................... 2
1.2.5
Staff Provides Adequate Information for Council Policy-Setting..................................................................... 2
1.2.6
Council Will Not Request Unnecessary Information........................................................................................ 2
1.2.7
Public Documents Ensure Open And Transparent Government...................................................................... 2
1.2.S
Communications to the Public are Essential.................................................................................................... 2
1.3 FUNCTIONING OF CITY COUNCIL............................................................................................... 2
1.3.1
Importance of Open Public Meetings............................................................................................................... 2
1.3.2
There is a Council -Selected Mayor.................................................................................................................. 2
1.3.3
The Mayor Also Embodies Other Leadership Roles......................................................................................... 2
1.3.4
Citizen Volunteers Play an Important Role...................................................................................................... 2
1.3.5
The Role of Mayor Pro Tem is Rotated............................................................................................................ 2
1.3.6
Service on Regional Bodies is Shared Among Council Members..................................................................... 2
1.3.7
Representatives of City Act in Accordance with City Policies.......................................................................... 2
1.3.S
Councilors Serve in Liaison Roles to Community Organizations..................................................................... 3
1.3.9
Councilmembers Have Opportunity to be Leaders and Innovators................................................................. 3
1.3.10
Council is Mindful of Limited Resources..................................................................................................... 3
1.3.11
Council Authorizes Certain Grant Applications Before Submittal.............................................................. 3
1.3.12
Fewer Standing Committees........................................................................................................................ 3
1.4 EFFICIENCY
AND EFFECTIVENESS OF COUNCIL DECISION-MAKING ........................................... 3
1.4.1
Council Makes Effective Use of Time............................................................................................................... 3
1.4.2
Provide More Effective Opportunity for Public Interaction............................................................................. 3
1.4.3
Council's Business Meetings Will Be Efficient and Businesslike..................................................................... 3
1.4.4
Effective Decision Making Requires Finality................................................................................................... 3
1.4.5
Council Dialog Calls For "Sticking to the Point"........................................................................................... 3
1.4.6
Council Meeting Agendas Are Set by a Team................................................................................................... 3
1.5
FUNCTIONING OF CITY MANAGER AND STAFF........................................................................... 4
1.5.1
ICMA Standards are Respected........................................................................................................................ 4
1.5.2
Council -Manager Governance Depends on a Strong City Manager Role ....................................................... 4
1.5.3
Regular and Understandable Financial Reporting.......................................................................................... 4
1.5.4
Council and Administration are Mindful of Risk Management........................................................................ 4
1.5.5
Public Information is Enhanced by Audio, Video, Website & Notes................................................................ 4
ARTICLE 2: DEFINED TERMS AND BASIC RULES.................................................................................... 4
2.1
TYPES OF GOVERNING BODIES, AND ADVISORY OR SUPPORTING GROUPS ................................ 4
2.1.1
City Council (or "Council')............................................................................................................................. 4
2.1.2
Council Standing Committee............................................................................................................................ 4
2.1.3
Council Ad Hoc Committee.............................................................................................................................. S
2.1.4
Citizen Board, Citizen Committee or Citizen Commission............................................................................... S
2.1.5
Citizen Advisory Committee............................................................................................................................. S
2.1.6
Steering Group................................................................................................................................................. S
2.1.7
Small Task Group............................................................................................................................................. S
2.I.S
Multi Agency or Regional Task Group............................................................................................................. 6
City of Bainbridge Island Manual of City Governance — 3/10/2010
Page i
2.1.9
Scalable Public Process Planning System:...................................................................................................... 6
2.1.10
Nonprofit Service Agency............................................................................................................................ 6
2.2 CITY OFFICIALS AND ADJUDICATORS........................................................................................
%
2.2.1
Mayor............................................................................................................................................................... 7
2.2.2
Mayor Pro Tem................................................................................................................................................. 7
2.2.3
Presiding Officer.............................................................................................................................................. 7
2.2.4
City Manager.................................................................................................................................................... 7
2.2.5
Appointive Officers........................................................................................................................................... 7
2.2.6
Council Liaison................................................................................................................................................ 7
2.2.7
Hearing Examiner............................................................................................................................................ 7
2.3 TYPES OF MEETINGS OF COUNCIL.............................................................................................
8
2.3.1
Regular Meeting............................................................................................................................................... 8
2.3.2
Special Meeting................................................................................................................................................ 8
2.3.3
Business Meeting.............................................................................................................................................. 8
2.3.4
Study Session.................................................................................................................................................... 8
2.3.5
Workshop..........................................................................................................................................................8
2.3.6
Public Hearing on Ordinance.......................................................................................................................... 8
2.3.7
Public Hearing on Quasi -Judicial matter........................................................................................................ 9
2.3.8
Retreat.............................................................................................................................................................. 9
2.4 TYPES OF PUBLIC PARTICIPATION IN GOVERNMENT..................................................................
9
2.4.1
Public Comment Period at Business Meetings................................................................................................. 9
2.4.2
Interactive Dialog with the Public at Study Sessions....................................................................................... 9
2.4.3
Other Meetings with the Public Outside of City Hall....................................................................................... 9
2.4.4
Public Forum..................................................................................................................................................
10
2.4.5
Neighborhood or Ward Meetings...................................................................................................................
10
2.4.6
Additional Avenues for Public Participation..................................................................................................
10
2.4.7
Committees and Other Citizen Participation Opportunities..........................................................................
10
2.5 TYPES OF GOVERNING ACTIONS..............................................................................................
10
2.5.1
Motion............................................................................................................................................................
10
2.5.2
Resolution.......................................................................................................................................................11
2.5.3
Ordinance.......................................................................................................................................................11
2.5.4
Comprehensive Plan Amendment...................................................................................................................
11
2.5.5
Budget Adoption or Amendment.....................................................................................................................
11
2.5.6
Capital Facilities Plan (CFP) Adoption or Amendment.................................................................................
11
2.5.7
Quasi -Judicial Ruling.....................................................................................................................................
11
2.5.8
Best Practices.................................................................................................................................................
11
2.5.9
Doing Things Right.........................................................................................................................................
12
ARTICLE 3: STANDARDS OF CONDUCT................................................................................................. 12
3.1
SOURCES AND REFERENCES.....................................................................................................
12
3.2
STANDARDS OF CONDUCT FOR OFFICIALS UNDER WASHINGTON LAW ....................................
12
3.3
OATH OF OFFICE......................................................................................................................
12
3.4
PUBLIC TRUST AND FIDUCIARY DUTY.....................................................................................
13
3.5
STEWARDSHIP OF PUBLIC FUNDS.............................................................................................
13
3.6
CONFLICTS OF INTEREST UNDER STATE LAW..........................................................................
13
3.6.1
State Code of Ethics........................................................................................................................................
13
3.6.2
Prohibition Against Private Interest in a Public Contract.............................................................................
14
3.6.3
Limitations on Holding Multiple Offices........................................................................................................
14
3.6.4
"Appearance of Fairness " Doctrine under State Law...................................................................................
14
3.7
OPEN PUBLIC MEETINGS UNDER WASHINGTON LAW..............................................................
15
3.7.1
All Deliberations and Actions Must Be At Noticed Public Meeetings............................................................
15
3.7.2
Applies to Sub Agencies of the City................................................................................................................
15
3.7.3
Two Kinds of Meetings: "Regular" and "Special" ........................................................................................
15
3.7.4
Open to the "Public"......................................................................................................................................
15
3.7.5
Executive Sessions..........................................................................................................................................
16
City of Bainbridge Island Manual of City Governance — 3/10/2010 Page ii
3.7.6
Unintended Meetings; Electronic Meetings...................................................................................................
16
3.8
OPEN GOVERNMENT AND PUBLIC RECORDS............................................................................
16
3.8.1
Purpose of the Public Disclosure Law...........................................................................................................
16
3.8.2
Emails and Other Electronic Records............................................................................................................
17
3.9
COBI ETHICS PROGRAM.........................................................................................................
18
3.9.1
LOBI Code of Ethics......................................................................................................................................
18
3.9.2
Ethics Board Process and Sanctions..............................................................................................................
18
3.9.3
Duty to Act in the Interests of the City............................................................................................................
19
3.1 O
DUTIES TO ACT CONSISTENTLY WITH CITY POLICY WHEN REPRESENTING CITY ELSEWHERE
19
3.11 ROLE OF CITY ATTORNEY....................................................................................................... 19
3.12 PROCESS FOR OFFICIALS TO QUESTION THE LEGALITY OF CITY ACTIONS ............................... ZO
3.13 CONDUCT OF OFFICIALS WITH REGARD TO LITIGATION AGAINST CITY .................................. ZO
3.14 PROHIBITION AGAINST MAKING GIFTS OF PUBLIC FUNDS ....................................................... ZO
3.15 SEPARATE ACCOUNTING OF CITY FUNDS................................................................................ 21
3.16 DUTY TO AVOID INTERFERING WITH CITY MANAGER'S ROLE WITH STAFF ............................. ZI
3.17 DUTY TO BARGAIN INGOOD FAITH WITH COLLECTIVE BARGAINING REPRESENTATNES ....... 21
3.18 IMMUNITY AND INDEMNIFICATION OF OFFICIALS FOR INDIVIDUAL ACTIONS INGOOD FAITH 22
ARTICLE 4: CITY COUNCIL- THE ELECTED GOVERNING BODY ........................................................ 22
4.1
COUNCIL MEETING- TIME AND LOCATION..............................................................................
22
4.2
COUNCIL MEETINGS - OPEN TO THE PUBLIC...........................................................................
22
4.3
MAYOR -ELECTION - CHAIR TO BE MAYOR -DUTIES ("MAYOR") ........................................
23
4.4
DEPUTY MAYOR OR MAYOR PRO TEMPORE ("MAYOR PRO TEM") .........................................
23
4.5
QUORUM..................................................................................................................................23
4.6
RESPECT AND DECORUM.........................................................................................................
23
4.6.1
Orderly Behavior and Civility in Remarks.....................................................................................................
23
4.6.2
Permission Required to Address the Council.................................................................................................
24
4.6.3
Forms of address............................................................................................................................................
24
4.7
TELEPHONIC OR VIDEO PARTICIPATION FROM A REMOTE LOCATION ......................................
24
4.8
ATTENDANCE; EXCUSED ABSENCES........................................................................................
24
4.9
FILLING COUNCIL VACANCIES.................................................................................................
24
4.10
CONTINUITY OF GOVERNMENT ACT........................................................................................
25
ARTICLE 5: CITIZEN COMMITTEES, BOARDS AND COMMISSIONS...................................................... 25
5.1 APPROVAL OF APPOINTEES...................................................................................................... 25
5.1.1 Citizens on Standing Governing Bodies......................................................................................................... 25
5.1.2 Citizens on Temporary Governing Bodies...................................................................................................... 25
5.1.3 Removal..........................................................................................................................................................25
5.2 ESTABLISHMENT AND REVIEW OF CITIZEN GOVERNING BODIES THAT ARE TEMPORARY....... 25
5.3 RELATIONS WITH BOARDS, COMMISSIONS AND CITIZEN ADVISORY GROUPS .......................... 26
ARTICLE 6: CITY ADMINISTRATION...................................................................................................... 26
6.1 CITY MANAGER....................................................................................................................... 26
6.2 ROLE OF THE CITY MANAGER................................................................................................. 26
6.3 INFORMAL COMMUNICATIONS ENCOURAGED.......................................................................... 27
6.4 CITY MANAGER - INTERFERENCE BY COUNCILMEMBERS....................................................... 27
6.5 COMPLAINTS TO COUNCILMEMBERS........................................................................................ 27
6.6 ADMINISTRATIVE COMPLAINTS -"BEST PRACTICE"................................................................ 27
6.7 CITY CLERK - MINUTES - PUBLIC INFORMATION ACCESS........................................................ 27
City of Bainbridge Island Manual of City Governance - 3/10/2010 Page iii
6.8 THE THREE TOUCH RULE........................................................................................................ 28
6.9 CITY STAFF — ATTENDANCE AT MEETINGS.............................................................................. 28
6.10 ADMINISTRATIVE PRESENTATIONS AND BRIEFINGS................................................................. 28
ARTICLE 7: PREPARATION FOR COUNCIL MEETINGS.......................................................................... 29
7.1
COUNCIL MEETING AGENDAS.................................................................................................
29
7.2
CONSENT AGENDA..................................................................................................................
29
7.3
STUDY SESSION AGENDAS.......................................................................................................
29
7.4
STUDY SESSION PROCEDURE...................................................................................................
30
7.5
PROCESS FOR PREPARING LEGISLATION OR POLICIES FOR ADOPTION .....................................
30
7.5.1
Draft Documents............................................................................................................................................
30
7.5.2
Preparation of Ordinances.............................................................................................................................
31
7.5.3
Preparation of Resolutions.............................................................................................................................
32
7.6
COUNCIL PACKETS..................................................................................................................
32
ARTICLE 8: RULES OF ORDER FOR COUNCIL MEETINGS.................................................................... 32
8.1 PARLIAMENTARY PROCEDURE................................................................................................. 32
8.2 MOTIONS AND DISCUSSION..................................................................................................... 32
8.3 VOTING....................................................................................................................................32
8.4 RECONSIDERATION.................................................................................................................. 33
8.5 DISSENTS AND PROTESTS......................................................................................................... 33
8.6 COMPLAINTS AND SUGGESTIONS TO COUNCIL......................................................................... 33
8.7 PRIOR PERMISSION REQUIRED FOR CERTAIN ELABORATE PRESENTATIONS ............................ 33
8.8 CONDUCT OF BUSINESS MEETINGS.......................................................................................... 34
8.9 CONDUCT OF STUDY SESSIONS AND WORKSHOPS...................................................................
35
8.10 WORKSHOPS............................................................................................................................
36
8.11 ADJOURNMENT DUE TO EMERGENCY OR DISRUPTION.............................................................
36
8.12 PROCEDURES FOR PUBLIC COMMENT AT BUSINESS MEETINGS ...............................................
36
8.12.1 In General..................................................................................................................................................
36
8.12.2 Subjects — Whether or Not on the Current Agenda....................................................................................
36
8.12.3 Use of Microphones...................................................................................................................................
37
8.12.4 Civility.......................................................................................................................................................
37
8.12.5 Council May Overrule the Presiding Officer.............................................................................................
37
8.13 PUBLIC HEARINGS — IN GENERAL............................................................................................
37
8.13.1 Sign in Procedure......................................................................................................................................
37
8.13.2 Time Limits................................................................................................................................................
37
8.13.3 Other Rules................................................................................................................................................
37
8.14 COUNCIL QUASI-JUDICIALHEARINGS .................................................................................................................................
37
8.14.1 Appearance of Fairness Doctrine Applies to Quasi -Judicial Actions.......................................................
38
8.14.2 Obligations of Councilmembers in Quasi -Judicial Proceeding................................................................
38
8.14.3 Avoid Ex Parte Communications with Quasi -Judicial Parties..................................................................
38
ARTICLE 9: USE OF THIS MANUAL AND ITS RULES............................................................................. 39
9.1 PURPOSE.................................................................................................................................. 39
9.2 USE OF RULES BY COUNCIL..................................................................................................... 39
9.3 PUBLIC USE OR RELIANCE NOT INTENDED.............................................................................. 39
9.4 AMENDMENTS OR SUSPENSION OF PORTIONS OF THIS MANUAL .............................................. 39
EXHIBIT A: SIMPLIFIED SUMMARY OF PARLIAMENTARY PROCEDURE .............................................. 40
City of Bainbridge Island Manual of City Governance — 3/10/2010
Page iv
EXHIBIT B: CURRENT LIST OF CITIZEN COMMITTEES, COMMISSIONS AND BOARDS ........................ 41
EXHIBIT C: ILLUSTRATION OF SCALABLE PUBLIC PROCESS PLANNING SYSTEM .............................. 43
City of Bainbridge Island Manual of City Governance — 3/10/2010 Page v
Article 1: PRINCIPLES
It is hereby the policy of the City to establish the principles stated in this Article 1 as core values of
City governance:
1.1 Values
1.1.1 City Leaders Listen to the Community
City leaders listen to the community in a way that fully represents the community's
interests and goals.
1.1.2 Collaboration is Valued
Council and staff should make the maximum effort to collaborate in every endeavor,
seeking consensus as far as possible.
1.1.3 City Leaders Lead and Reason Together
Council members should individually, and collectively, demonstrate the ability to lead
and reason together.
1.1.4 The City Exemplifies Professionalism in City Management
City leaders exhibit respect for the professionalism and ethical conduct of the City
Manager and staff.
1.1.5 Sustainability
Leaders strive to achieve sustainable outcomes in City policies and administration, with
sustainable bottom lines for the community, environment, and for city finances and the
local economy.
1.2 Relationship between Council, City Manager, Staff and Public
1.2.1 Council Oversees City Organization But Does Not Interfere With Management
Council establishes budgetary authorityfor departments and positions, and may
determine the duties and compensation of each, but does not interfere with the City
Manager's management of City employees.
1.2.2 Council and City Manager Roles and Responsibilities Differentiated
Leaders adhere to the separate and distinct policy and management roles of Council
and City Manager. Administrative policy and complaints are handled by the City
Manager and Department Heads; legislative policy is established by Council.
1.2.3 Performance -Driven Management
Council reviews the City Manager's performance annually. The City Manager is
responsible for performance reviews of subordinates.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 1
1.2.4 City Attorney Is Legal Counsel to the City and Its Officials Collectively
The City Attorney is hired by the City Manager and re resents the City and in that
capacity provides legal advice to the Council, City Manager and staff to the extent their
interests coincide with the City's.
1.2.5 Staff Provides Adequate Information for Council Policy -Setting
Information is sufficient for effective decisions.
1.2.6 Council Will Not Request Unnecessary Information
In recognition of the limitations of staff time and resources, the Council will not request
unnecessary information. An exceptionally time-consuming request of Council requires
a majority vote.
1.2.7 Public Documents Ensure Open And Transparent Government
The Council and Administration will adhere to laws on public access to documents.
1.2.8 Communications to the Public are Essential
The City Manager shall be responsiblefor the City communications function, but
controversial communications shall be promptly copied to Council.
1.3 Functioning of City Council
1.3.1 Importance of Open Public Meetings
The City shall comply with the Open Public Meetings Act under Washington law.
1.3.2 There is a C ouncil- Selected Mayor
The Council -selected Mayor presides at Business Meetings of the Council.
1.3.3 The Mayor Also Embodies Other Leadership Roles
As the City's ceremonial head; the Mayor is the main liaison for the Council with the
City Manager; a team leader; a goal -setter; an organizer who helps stabilize Council
relationships; a champion of the City.
1.3.4 Citizen Volunteers Play an Important Role
For citizen advisory committees, boards and commissions, the Mayor shares the role of
seeking and interviewing volunteers, and appoints citizens to these committees, boards
and commissions subject to Council confirmation.
1.3.5 The Role of Mayor Pro Tem is Rotated
Council members take turns serving as Mayor Pro Tem; presiding at meetings and
coordinating with City Manager when Mayor is unavailable or absent.
1.3.6 Service on Regional Bodies is Shared Among Council Members
Council selects individual Council liaison roles based on the desire, qualifications and
skills of interested Council members.
1.3.7 Representatives of City Act in Accordance with City Policies
It is a duty of staff and Council who represent City to advocate positions that are
consistent with City policies, projects and plans.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 2
1.3.8 Councilors Serve in Liaison Roles to Community Organizations
Council approves liaison duties to community organizations for arts, human services,
business community, tourism organizations, etc., based on desire and qualifications.
1.3.9 Councilmembers Have Opportunity to be Leaders and Innovators
One or more Council members may "sponsor" an ordinance or resolution.
1.3.10 Council is Mindful of Limited Resources
Council expense reimbursement is limited to budget; requires receipts; there are other
limits on type and amount.
1.3.11 Council Authorizes Certain Grant Applications Before Submittal
If a grant would require material matching dollars or impact policy, the Administration
will seek Council approval prior to applying. The administration will bring grant
opportunities it becomes aware of to the full Council. The Council may also initiate the
process of pursuing a grant.
1.3.12 Fewer Standing Committees
Because staff time and resources are limited, use Study Sessions of the whole Council
Mather than numerous Standing Committees. Consider utilizing a Standing Committee
only if needed — e.g. Finance Committee.
1.4 Efficiency and Effectiveness of Council Decision -Makin
1.4.1 Council Makes Effective Use of Time
Council differentiates amongfour types of public meetings: (1) goal -setting retreats; (2)
study sessions (and single -issue workshops); (3) business meetings; (4) public
communications meetings andforums.
1.4.2 Provide More Effective Opportunity for Public Interaction
Communication with public is more interactive in Study Sessions than in business
meetings (where the 3 -minute public comments process shall apply).
1.4.3 Council's Business Meetings Will Be Efficient and Businesslike
The information exchange, review, deliberation and vetting of issues during the prior
Study Session enables Council business meetings to be expeditious.
1.4.4 Effective Decision Making Requires Finality
Rules shall limit the prerogative to reconsider a Council decision; effective decision
making results in finality and "moving on'
1.4.5 Council Dialog Calls For "Sticking to the Point"
The Presiding Officer's role, especially at the business meeting, is to keep Council
business focused and expeditious.
1.4.6 Council Meeting Agendas Are Set by a Team
Agendas for Council Business Meetings are generally developed and Nefined by the
Council and Administration at Study Sessions, and are then arranged by the City
Manager and City Clerk in consultation with the Mayor and/or Mayor Pro Tem who
provide final approval prior to being publicly posted. Items for Study Session
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 3
worksheets (agendas) are submitted to the City Clerk, Mayor or City Manager and after
team review are finalized by the Mayor and/or Mayor Pro Tem for public notice and
distribution.
1.5 Functioning of City Manager and Staff
1.5.1 ICMA Standards are Respected
City leaders respect the ICMA standards and model documents (e.g. ICMA Code of
Ethics and the City Manager's employment terms/conditions).
1.5.2 Council -Manager Governance Depends on a Strong City Manager Role
The City Manager prepares the proposed budget; administers code and policy;
appoints & removes city employees; serves as the City's chief executive officer.
1.5.3 Regular and Understandable Financial Reporting
The City's regular financial reports enable the Council and community to understand
the City's financial condition, and are in harmony with accounting standards for
governmental organizations, applicable law and municipal best practices, taking into
account brevity, cogency, salience and clarity.
1.5.4 Council and Administration are Mindful of Risk Management
There is a periodic review of risk management with WCIA (Washington Cities
Insurance Authority). The Council empowers the City Manager with a dollar authority
level to settle minor disputes.
1.5.5 Public Information is Enhanced by Audio, Video, Website &Notes
There is a full audio recording on the city website for each Council meeting. BITV video
(and local radio, if and when available) may be usedfor Business Meetings and bi-
weekly Study Sessions. Minutes of meetings are concise and are approved and posted
online in as timely a manner as possible.
Article 2: DEFINED TERMS AND BASIC RULES
2.1 Types of Governing Bodies, and Advisory or Supporting Groups
2.1.1 City Council (or "Council")
The Council consists of 7 officials, each elected to four year terms. The terms are
staggered with 3 or 4 terms expiring at the end of even -numbered years. Individual
Council members do not have governing power as individuals, but only when meeting
as a Council, when a quorum (4 or more) are present. A special-purpose meeting of the
Council when a quorum is present is sometimes referred to as a meeting of the
Committee of the Whole.
2.1.2 Council Standing Committee
A Council Standing Committee consists of Councilmembers (not more than three,
approved by the full Council for a calendar year term), with staff support appointed by
the City Manager. The Council may, but is not required to, establish one or more
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 4
Standing Committees. A Standing Committee is a body with no established expiration
date, and which has jurisdiction over a Council -prescribed ongoing policy area, such
as finance. The purpose of a standing committee is to perform oversight functions in
the prescribed area, and to develop and recommend actions in that area to the Council.
2.1.3 Council Ad Hoc Committee
An Ad Hoc Committee is a temporary committee established by Council to investigate
and advise Council on a specific policy or issue forfuture Council action, or to develop
a legislative or policy proposal for Council on a particular topic. The Council
determines the purpose of an Ad Hoc Committee at the time of establishing it. The
Council may appoint up to three CouncilmembeNs to an Ad Hoc Committee, and, if
applicable, one or more citizens or subject matter experts who are not city employees.
Furthermore, each Ad Hoc Committee shall include the City Manager (or his/her
designee) and any City staff that the City Manager chooses to assign to the Committee.
An Ad Hoc Committee shall sunset upon completion of the Council -assigned task.
2.1.4 Citizen Board, Citizen Committee or Citizen Commission
As defined by ordinance or resolution, a citizen board, committee or commission is
generally a standing (rather than temporary) body with prescribed authority to perform
a recurring advisory or decision-making role on behalf of the City as a municipal
corporation. The list of such bodies, as that list may be amended from time to time, is
found in Exhibit B. Procedures and rules that apply to such bodies are described in
Article 5: Citizen Committees, Boards And Commissions.
2.1.5 Citizen Advisory Committee
A Citizen Advisory Committee consists of a group of citizens, established and appointed
by the Council or by the City Manager, which is tasked with the responsibility of
advising the appointing body or Manager regarding some activity or pending decision
of City government. Such a committee is normally formed on an ad hoc temporary
basis to advise either the Council or City Manager (or a Council standing or ad hoc
committee) on a particular topic relating to city legislation, policy or practices, or the
means to carry out a proposed project or city activity. The list of such bodies, as that
list may be amended fNom time to time, is found in Exhibit B.
2.1.6 Steering Group
The City Manager and/or the Council may establish a Steering Group to perform a
temporary ad hoc task or project prescribed by the Council or the City Manager —such
as organizing one or more forms of citizen engagement on a public issue, or providing
direction and oversight for the implementation of a City project or program.
2.1.7 Small Task Group
The Council may, from time to time, create, and appoint members to, a small task group
for the purpose of examining issues and making recommendations important to the City
but not requiring the more formalized process of a larger task force, which may require
a steering committee. The small task group may consist of one or more
Councilmembers, one or more citizens or experts familiar with the issue or project, and
the City Manager (or designee). In all cases, the instrument appointing a task force
shall set forth a clear task assignment and a method of "sunsetting"the group upon
completion of the task.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 5
2.1.8 Multi -Agency or Regional Task Group
When a major regional effort involves key agencies outside of City government but vital
to a project's coordination, the Council may create by motion, legislative directive or
intergovernmental agreement, an appropriately named multi -agency or regional task
group (and may create a Steering Group to guide the task force effort). Membership
shall consist of one to three Councilmembers and/or the City Manager (or designee),
typically one representative from each partner agency, and, if applicable,
representation ftom any private, consultant or non-profit agency with a key interest or
resource vital to the issue or project.
2.1.9 Scalable Public Process Planning System:
For public issues of high interest or high impact, and/or those that require a lengthy
public process, a Public Process Steering Group may be formed. For issues that are
less controversial, have less far-reaching impacts, and/or are suited to a shorter
process, an Ad Hoc Committee or Task Force may be more appropriate. The purpose
of the committee, task force or steering group is to strategize and facilitate appropriate
public process for a particular community subject or issue. See Exhibit C foN more
details on the use of this Scalable Public Process Planning System.
A Public Process Steering Group typically consists of one to three Councilmembers, the
City Manager (or designee), and the City's Communications Coordinator. The
Councilmember(s) shall be appointed by the Mayor and confirmed by Council. The
City Manager shall appoint additional staff as needed to provide technical support, and
may appoint one or more citizens to provide community input. Representatives of
outside agencies may also be included where appropriate. These appointments shall
identify the tasks) of the Steering Group. The group shall "sunset" when the task is
completed. A similar approach may be taken in assembling an Ad Hoc Committee or
Task Force, except that the group make-up may be smaller and simpler, and it may
have one or just a few meetings, or even "meet" by email.
The committee, taskforce or steering group shall serve as a collection point for
information and activity pertaining to the task or issue assigned and shall advise on the
design for public processes. Public process activities may incorporate a range of tools
such as press releases, newspaper columns, Q & A's, fact sheets, presentations to
community organizations, focus groups, neighborhood meetings, ward meetings and
public forums, as described in the City's public participation guidelines. The Council
Liaison will inform the Council of the group's activity at Council meetings (when
appropriate).
2.1.10 Nonprofit Service Agency
A nonprofit organization may perform a function for the City as defined by contract
with the City or as prescribed by ordinance. Examples of nonprofit entities designated
by ordinance are: Health, Housing and Human Services Council (for oversight of the
Human Services Element of the Comprehensive Plan), and the Bainbridge Island Arts
and Humanities Council (for oversight of the Cultural Element of the Comprehensive
Plan).
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 6
2.2 City Officials and Adi udicators
2.2.1 Mayor
See the definition and duties stated in Section 4.3.
2.2.2 Mayor Pro Tem
See the definition and duties stated in Section 4.4.
2.2.3 Presiding Officer
The term Presiding Officer means the Councilmember who is to chair, or is in fact
chairing, a Council meeting. Unless otherwise stated in the meeting agenda, the
Presiding Officer shall be the Mayor unless the Mayor is absent, in which case the
Presiding Officer shall be the Mayor Pro Tem (or, in the absence of both, the
Councilmember who is elected by the quorum to preside at the meeting).
2.2.4 City Manager
See the definition and duties stated in Article 6: City Administration.
2.2.5 Appointive Officers
The City's Appointive Officers consist of the City Manager and those persons (who may
or may not be City employees) who occupy any of the appointive offices stated in
Section 2.08.030 of the C'OBI C'ode.
2.2.6 Council Liaison
With Council approval, a Councilmember may serve for a calendar year as the
Council's Liaison (i.e. representative), to an organization. A Liaison is responsible for
facilitating communication, collaboration and coordination with the designated
organization, and with regular reporting and accountability to the Council. There are
typically Councilmember Liaisons to four types of organizations:
• A county -wide or regional policy or governing body or intergovernmental
organization (such as the Kitsap Regional Coordinating Council)
• A community organization (such as an arts, business or social service organization)
• A governing or inter -agency board functioning in the city (such as the Parks Board
or the Intergovernmental Working Group — IGWG); and
• A citizen board, commission or committee of the City, whether or not the charter
calls for an ex officio Council member (such as the Utility Advisory Committee or
Lodging Tax Advisory Committee)
2.2.7 Hearing Examiner
The City regulates and adjudicates land use matters using a Hearing Examiner system
set forth in BIMC 2.38. The Hearing Examiner is appointed by the City Manager.
Under BIMC 2.38.025(A), the Hearing Examiner is "responsible for conducting
hearings on and adjudicating quasi-judicial cases involving a variety of complex land
use and regulatoNy compliance issues, and other issues which the City Council may
designate to the Hearing Examiner by ordinance. " The Hearing Examiner has the
authority to adopt a set of rules of procedures foN proceedings before the Hearing
Examiner. Additionally, many of the procedures for hearing various matters and
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010
Page 7
appeals before the Hearing Examiner are found in various sections of BIMC 2.16 and
BIMC Titles 16, 17 and 18.
2.3 Types of Meetings of Council
2.3.1 Regular Meeting
A Regular Meeting of the Council is a meeting convened on a regular series of dates
(and at a time) stated in City ordinance. At a Regular Meeting, the Council may
conduct any business stated on the agenda that is publicly posted prior to the meeting,
or the Council may approve additions or deletions to the agenda at the meeting.
2.3.2 Special Meeting
A special meeting is a Council meeting called at a date or time other than the time
prescribed by ordinance for a Regular Meeting. At a special meeting, the Council may
conduct any business stated on the agenda that is publicly posted prior to the meeting,
or the Council may approve deletions or additional items for discussion (but not
additional action items) to the agenda at the meeting.
2.3.3 Business Meeting
A business meeting is a regular or special meeting of the Council that is primarilyfor
the purpose of voting on the City's business, generally in the form of motions,
resolutions or ordinances. A business meeting typically includes a public comment
period for a limited period of time stated in advance on the agenda, during which a
member of the public may address the Council on any matter of public concern
(whether or not on the agenda).
2.3.4 Study Session
A study session is a regular or special meeting of the Council that is generally held in a
more informal manner or setting than a business meeting, and where the purposes may
be, for example, (i) to study, deliberate or review one or more topics or emerging issues
for potential action at a future date, (ii) to vet the status of matters that are intended to
be presented on the agenda of an ensuing business meeting unless exceptional
circumstances apply, (iii) to engage in public comment or dialog, or (iv) to participate
in presentations with City staff or other subject matter experts. In general, final votes
are not taken at a study session, but there are commonly procedural votes on the
disposition of various matters. Any regular or special Council meeting may be
adjourned to a "Study Session ".
2.3.5 Workshop
A study session on a single topic or subject is sometimes referred to as a workshop.
2.3.6 Public Hearing on Ordinance
A formal public hearing may be required by statute or City ordinance as a portion of
the prescribed public process for the Council's adoption of the City budget, the City's
Capital Facilities Plan, and certain other legislative actions. In such a case, a public
hearing is conducted according to certain formal public hearing rules prescribed by
law. The public hearing typically occurs during a publicly noticed portion of a regular
or special meeting of Council, where the time of the hearing has been stated in the prior
public notice.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 8
2.3.7 Public Hearing on Quasi -Judicial matter
Certain Council reviews and actions that are akin to a judicial decision affecting a
particular parry or a particular set of one or more properties require that the Council
conduct a foNmal public hearing of a "quasi-judicial" kind. Such a hearing is typically
conducted by Council during a prescribed portion of a regular or special meeting, and
is performed in such a manner as to establish a clear record of pNoceedings, facts
presented and the decision process according to judicial standards. A detailed
discussion of quasi-judicial hearings can be found in Section 8.14.
2.3.8 Retreat
A retreat is generally a Special Meeting calledfor the purpose of very informal
discussion dealing with goals, objectives and guidelines for future activity of the
organization. At a retreat, the Council may, for example, develop goals and objectives
for its own organization for the year, consider priorities for the Council workplan, or
set goals for the City Manager which may be elements of an annual performance
evaluation in accordance with the employment agreement. Although a detailed listing
of the City's activity plan for a coming year may result fNom informal consensus, formal
adoption should be made in a regular Council meeting by motion or resolution.
2.4 Types of Public Participation in Government
2.4.1 Public Comment Period at Business Meetings
At Council Business Meetings, the agenda shall generally include a period of time
known as the Public Comment Period. Within that time period, any member of the
public may be recognized by the Presiding Officer and may address the full Council on
any public issue —whether or not on the agenda. Unless Council determines otherwise,
the Public Comment Period at a Business Meeting is reservedfor comments by the
public rather than responses from Council or Administration. For further guidelines,
see Sections 4.6 (Respect and Decorum) and 8.12 (Proceduresfor Public Comment at
Business Meetings).
2.4.2 Interactive Dialog with the Public at Study Sessions
At Council Study Sessions, the Presiding Officer shall determine the manner in which
public comments and dialog are to be invited, depending on the nature of the Study
Session and the amount of time available. In general, the Presiding Officer may allow
more flexibility in accommodating comments and dialog on agenda matters under
discussion than is generally allowed at a Business Meeting, and the Presiding Officer
may allow responses and interactive dialog with CouncilmembeNs, the Administration
and/or other presenters.
2.4.3 Other Meetings with the Public Outside of City Hall
The Council may organize other meetings with the public in various forums outside of
City Hall — in various settings such as public forums, neighborhood meetings,
presentations to community organizations, ward meetings, town halls, and so on. In
such settings, the meeting shall ideally include one or more Council members and one
or more members of the Administration.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 9
2.4.4 Public Forum
When major public policy development warrants, and after adequate preparation of
issues and alternatives, a steering group (see Sections 2.1.6 to 21.9) may conduct
larger citizen forums to help develop a public consensus on the issues. The general
procedure would be to provide basic information, to explore alternatives and options
and to receive verbal and written public comments. The Steering Group shall
summarize the conclusions and/or recommendations of such forums for presentation to
the City Council prior to the customary City Council deliberations (i.e., agenda actions,
public hearings, etc.) which could normally result in final action. The procedures are
further illustrated in Exhibit A-4 (1) attached.
2.4.5 Neighborhood or Ward Meetings
Neighborhood or ward meetings may be scheduled as part of a larger public process as
designed by an Ad Hoc Committee, Steering Group or Task Force (see Sections 21.6 to
2.1.9), however, any member of the Council may convene a citizens' neighborhood
meeting or series of meetings for the purpose of providing a general forum on City
matters. Such meetings shall, when convened, provide information pertaining to
specific issues as well as an opportunityfor citizens to ask questions or express views
on any subject. The CouncilmembeN may request that the City Manager or his/her
designee attend these meetings to answer questions on administrative matters.
Although such meetings typically involve three orfewer Council members and are
therefore not official Council meetings, Councilmembers who attend shall report issues
or conclusions to the Council. At any such meeting, a CouncilmembeN should avoid
discussion or comments which pertain to current or potential lawsuits or other quasi-
judicial proceedings which might later come before the Council. CouncilmembeNs
should exercise care to avoid claiming to speak for the City or Council on any issue on
which the Councilmember is not expressly authorized to speakfor the Council.
2.4.6 Additional Avenues for Public Participation
Public process activities may also incorporate a range of tools such as press releases,
newspaper columns, fact sheets, QA's, etc. as described in the City's documents and
guidelines pertaining to public participation in various projects and processes.
2.4.7 Committees and Other Citizen Participation Opportunities
For descriptions of other potential participation opportunities for citizens which relate
to City governance, see Sections 2.1.3 to 21.9.
2.5 Types of Governing Actions
2.5.1 Motion
An adopted motion is a foNm of action taken by the Council to direct that a specific
course of action be taken or executed on behalf of the municipality. A motion is similar
to a resolution, but is generally much shorter and worded in a more informal manner
than a resolution. A motion, once approved and entered into the record, is the
administrative equivalent of a resolution in those instances where a resolution is not
required by law, and where such motion is not in conflict with existing State or Federal
statutes, City ordinances or resolutions.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 10
2.5.2 Resolution
An adopted resolution is an administrative act which is lessformal than an ordinance
and is a statement of legislative policy or direction concerning matters of special or
temporary character. Council action shall be taken by resolution when required by law
or in those instances where an expression of legislative policy that is more lengthy or
more meticulously worded than a motion is desired. While resolutions are often just a
statement ofpolicy, a resolution may have the force of law (e.g., a resolution setting
permitfees, or a resolution declaring certain City property to be surplus).
2.5.3 Ordinance
An enacted Ordinance is a local law (legislative act) prescribing general rules of
conduct. Council action shall be taken by ordinance when required by law, or where
prescribed conduct may be enforced by penalty. An ordinance is a legislative act within
its sphere as much as an act of the State Legislature. The general guiding principle is
that actions relating to subjects of a permanent and general character are usually
regarded as legislative and should be addressed through an ordinance, and those
providingfor subjects of a temporary and special character are regarded as
administrative and should be addressed through a resolution. (See Durocher v. King
County, 80 Wn.2d 139, 153, 492P2d 547(1972).
2.5.4 Comprehensive Plan Amendment
Such an amendment is a legislative act in which the Council amends all or part of the
Comprehensive Plan after the Planning Commission has deliberated, held public
hearings and made Necommendation(s) to the Council. The Council likewise holds a
public hearing before passage.
2.5.5 Budget Adoption or Amendment
Legislative acts adopting or amending the budget document for the City on an annual
or biennial basis. Although the budget is a maximum spending plan, it must be
managed by the City Manager to operate within actual revenue received for each fund.
2.5.6 Capital Facilities Plan (CFP) Adoption or Amendment
The CFP is a 6 -year plan which is a companion to the budgeting process and which
establishes priorities for construction or replacement of capital facilities of the City.
2.5.7 Quasi -Judicial Ruling
Such a ruling is similar to a 'judicial act" taken by an agency or authority that is not
constituted as a "court" of law. A quasi-judicial ruling is an administrative ruling
made by the Council, Hearing Examiner, or Planning Commission wherein the process
and facts to be heard and judged are prescribed by regulatory laws or ordinances and
as such, and are appealable to a higher authority or court of law.
2.5.8 Best Practices
Best Practices, as used in this manual, means methods of conducting certain activities
of local government which have become widely accepted standards for a given local
government activity. Best practices are often imported as a result ofprofessional
networking or from another similar agency which discovered a way to "do it better'.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 11
2.5.9 Doing Things Right
While not defined in law, this phrase, as used in this manual, is an aspiration based on
two criteria: (i) seeking out, and conforming to, the correct policy path, for an action;
and (ii) seeking out and emulating the best practices compatible with the activity,
organization and culture.
Article 3: STANDARDS OF CONDUCT.
3.1 Sources and References
In this Article, the following references are frequently cited as sources of law or explanations of
applicable law and standards of conduct:
• "KTT": Association of Washington Cities (AWC) and Municipal Research & Services Center of
Washington (MRS C): " the Territo__[ P� Basic l Guidelines for sh* Lyton City
Coun�y and it Pu.ose District Officials" (Nov. 2009)
• "CMH": AWC and MRSC: " , cil _ is Handbook" 1" (Dec. 2009)
• "RCW": Revised Code of Was ington
• "COBI Code" (or "BIMC") : Codified Ordinances f t its f i ri sl (or Bainbridge
Island Municipal Code)
3.2 Standards of Conduct for Officials under Washington Law
A summary of various Washington state statutes and case law that impose duties and standards of
conduct on a city's elected and non -elected officials is found in the AWC/MRSC handbook called
"KnoXNTincy the Territory" (referred to herein as "KTT"). For a summary of ethical standards of conduct
under City ordinance, see, for example, Section 3.9 and the sections which follow it.
3.3 Oath of Office
A Council member, when sworn into office by the City's Municipal Court Judge, swears that "I
will... ":
• comply with the constitution and laws of the United States and the State of Washington, and
... to the best of my judgment, skill and ability, truly, faithfully, diligently and impartially
perform the duties of the office ... as such duties are prescribed by law."
The City Manager, Department Heads and certain other City employees in key positions are likewise
considered city officials and, when hired or promoted to officer status, are likewise sworn in with a
similar oath that calls for compliance with those constitutions and laws.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 12
3.4 Public Trust and Fiduciary Duty
"Courts have held public office to be synonymous with public trust and that a public officer's
relationship with the public is that of a fiduciary." KTT (pp 6-7). Public trust is a guiding concept in
state statutes relating to avoidance of conflict of interest in contracting (R,CW'42.23), and in the Open
Public Meetings Act (RCW 42. ).
The people themselves, in a 1972 ballot initiative relating to public campaign law, declared trust to be
the public policy of the State of Washington, t t rt: "That the people have the right to expect
from their elected representatives at all levels of government the utmost of integrity, honesty and
fairness in their dealings" and "That the people shall be assured that the private financial dealings of
their public officials, and of candidates for those offices, present no conflict of interest between the
public trust and private interests."
3.5 Stewardship of Public Funds
The state law imposes the highest of duties on public officials who are custodians of public funds, such
as treasurers. (KTT, p. 7). By analogy, there are provisions of law that impose other high standards for
public funds on City officials generally, such as: (i) the State Constitution's prohibition against making
gifts to an individual or afor-profit or nonprofit corporation or association (KTT p. 22-24); (ii) the
state law prohibitions against using public facilities or property for political campaign purposes (RCW
42.17.130); and state law requirements for bidding of public works projects (RCW 35.22.620) (MRSC,
"T�idding Fool: for Washington Counties") and for the giving of notice when seeking suppliers for
other major purchases (e.g. RCW 39.80).
3.6 Conflicts of Interest under State Law
As the state Supreme Court has ruled, a Councilmember may not vote on a matter where he or she
would be especially benefitted. And, with some exceptions noted below, Washington law forbids a city
official from having a financial interest in a City contract, regardless of whether or not s/he votes on
the matter. (KTT, p.9).
Furthermore, the public campai=n� laws require public elected officials (in addition to candidates) to
make financial disclosures at least annually (through the Washington Public Disclosure Commission
(PDC)) so that the public can be informed about potential conflicts. These annual disclosures are in
addition to those required by COBP s Ethics Code (see below).
3.6.1 State Code of Ethics
The RCW 42.23 includes a Code of Ethics for state and local officials that generally prohibits
(with some specified exceptions) four types of conduct by a City official:
(a) using one's City official position to obtain special privileges for oneself or others;
(b) giving or receiving a gift in connection with a City matter;
(c) accepting employment or engaging in a business that would require disclosing
confidential information gained as a City official; and
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 13
(d) disclosing confidential information gained as a City official, or using such confidential
information for personal gain.
Legal advice should be sought on such questions as:
(a) Is a very small gift, such as a coffee, small enough as to be "de minimus" and therefore
not intended to be prohibited?
(b) Should a gift from an out of town dignitary be handed over from an official to the city
as a whole?
(c) Under what circumstances can an official accept expense -paid travel to a meeting or a
fact-finding visit?
3.6.2 Prohibition Against Private Interest in a Public Contract
(a) The RCw' 42.23 also broadly prohibits the following conflicts of interest regarding a
city contract (including, among other things, employment contracts):
"No municipal officer shall be beneficially interested, directly or indirectly, in
any contract which may be made by, through, or under the supervision of such
officer, in whole or in part, or which may be made for the benefit of his office, or
accept, directly or indirectly, any compensation, gratuity or reward in
connection with such contract from any other person beneficially interested
therein ... "
(b) This prohibition applies even if the official doesn't vote on or otherwise approve the
contract that presents a conflict. (KTT, p. 11-13)
(c) Unlike the COBI Ethics Code (which applies to both financial interests and other
personal interests), this State conflict of interest standard prohibits only financial
conflicts.
(d) There are exceptions to the prohibition, and there is a qualified set of exceptions for
certain "remote interests". (KTT, p. 11-13)
3.6.3 Limitations on Holding Multiple Offices
There are state law prohibitions against an official appointing himself or herself to a second
office or employment with the city ("dual office holding"), and there are certain combinations
of public office that are considered to be incompatible and therefore not eligible to be held
concurrently. (KTT, p. 16-18)
3.6.4 "Appearance of Fairness" Doctrine under State Law
(a) The Appearance of Fairness doctrine applies only in those instances when a
Councilmember is a decision -maker in a "quasi-judicial" matter (e.g. a spot rezoning, or
a long -form plat development approval). It doesn't apply to a Councilmember's various
legislative and policy decision-making. (KTT, p. 19-21)
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010
Page 14
(b) As stated in the RCW 42.36, the "appearance of fairness" requires that the
Councilmember not engage in "ex parte" communications with a party interested in the
outcome of the quasi-judicial matter.
(c) See Section 8.14 for a further discussion of the Appearance of Fairness Doctrine as
applied to quasi-judicial hearings that are conducted by the Council.
3.7 Open Public Meetings under Washington Law
The Open Public Meetings Act is summarized in the KTT, and is also described in greater detail in the
MRSC publication, "The Open Public Meetings Act — How it Applies to Washington Cities, Towns,
and Counties, Report No. 60 (May 2008).
3.7.1 All Deliberations and Actions Must Be At Noticed Public Meeetings
As stated in RCW 42.30 (Open Public Meetings Act or "OPMA"), all meetings of city
governing bodies (i.e., where a quorum or more Council members, or members of some other
"governing body" of the City, assemble to discuss or otherwise act on City business) must be
open and public.
3.7.2 Applies to Sub -Agencies of the City
The OPMA applies to a "subagency" of the City, which may mean that a City board,
commission, or similar entity created by or pursuant to state or local legislation is subject to
elements of the OPMA, such as the Planning Commission. RCW 42.30.020(2) states that a
"governing body" to which the OPMA applies includes a committee of the Council or other
governing body "when the committee acts on behalf of the governing body, conducts hearings,
or takes testimony or public comment." The OPMA does not apply to court proceedings,
quasi-judicial proceedings (such as Civil Service Commission hearings), or collective
bargaining and related labor relations meetings. It does not apply to purely social meetings
where city business is not discussed.
3.7.3 Two Kinds of Meetings: "Regular" and "Special"
A "regular" meeting is one with regular dates, times and locations set by ordinance, resolution
or rule. Any business may be conducted at a regular meeting, but RCW 3 5A.12.160 states that
"every city shall establish a procedure for notifying the public of upcoming hearings and the
preliminary agenda for the forthcoming Council meeting."
A "special" meeting is a meeting other than a "regular" meeting, which may be called by the
Presiding Officer (e.g. the Council's Mayor) or a majority of Council members. The notice of a
special meeting must be posted at least 24 hours prior to the meeting, and must state the items
of business on the agenda. Unless an exception applies, the Council may not add to the agenda
of a special meeting without giving 24 hours notice of the added item.
3.7.4 Open to the "Public"
Under RCW 42.30.050, all persons must be permitted to attend a public meeting except unruly
persons. Attendance may not be conditioned upon registration or similar requirements. The Act
does not prohibit a requirement that persons identify themselves prior to testifying at hearings.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 15
In cases of disorderly conduct, disorderly persons may be expelled, and if that is insufficient to
restore order, the meeting place may be cleared and/or relocated. However, non -offending
members of the news media may not be excluded.
3.7.5 Executive Sessions
An "executive session" is a portion of a public meeting that is conducted on a topic that is
permitted by law to be discussed by a governing body or sub -agency in a non-public setting. As
further provided by the RCW 42.3 0.110 in greater detail, an executive session may, in general,
be conducted to discuss matters such as the following:
(a) Real estate acquisition, lease or site selection; or deliberations on the price at which to
offer real estate for sale or lease;
(b) Negotiations on publicly bid contracts;
(c) Evaluation of complaints or charges brought against a public officer or employee;
(d) Evaluation of qualifications of an applicant for public employment or to review the
performance of a public employee;
(e) Evaluation of the qualifications of a candidate for appointment to elective office; or
(f) To discuss with the City's legal counsel City enforcement actions or litigation or
potential litigation.
Council members shall not disclose confidential information learned or confidential documents
provided during an executive session unless waived by the full Council.
3.7.6 Unintended Meetings; Electronic Meetings
An unintended meeting may occur in violation of the OPMA if, without the requisite public
notice, a quorum or more of a public body or sub -agency meets for an in-person or telephonic
discussion, or conducts an interactive email discussion of city business. (See 3.8.2 below for
more discussion of email).
3.8 Open Government and Public Records
As a result of a statewide ballot in 1972, strong public protections were put in place relating to (1)
political campaign disclosure; (2) disclosure of lobbying; (3) disclosure of the financial interests of a
candidate or elected official; and (4) openness of public records. The topic of open access to public
records is summarized in pages 36-41 of the KTT, and in greater detail in the MRSC publication:
"Public Records Act for Washington Cities, Counties and Special Purpose Districts" (Nov. 2009).
3.8.1 Purpose of the Public Disclosure Law
"The people of this state do not yield their sovereignty to the agencies that serve them. The
people, in delegating authority, do not give their public servants the right to decide what is
good for the people to know and what is not good for them to know. The people insist on
remaining informed so that they may maintain control over the instruments that they have
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010
Page 16
created. [The law] ... shall be liberally construed ... to promote this public policy." (See,
RCS% 42.56.030)
It is hereby the policy of the City that elected and other city officials shall do nothing to hinder
the City's obligation to possess, retain and store public records. Under RC 1 , a
"public record ... includes any writing containing information relating to the conduct of
government or the performance of any governmental or proprietary function prepared, owned,
used, or retained by any state or local agency regardless of physical form or characteristics."
Furthermore, and under RCW 42.5 6. 010(3, a writing means "handwriting, typewriting,
printing, photostating, photographing, and every other means of recording any form of
communication or representation, including, but not limited to, letters, words, pictures, sounds,
or symbols or combination thereof, and all papers, maps, magnetic or paper tapes, photographic
films and prints, motion picture, film and video recordings, magnetic or punched cards, discs,
drums, diskettes, sound recordings, and other documents, including existing data compilations
from which information may be obtained or translated."
3.8.2 Emails and Other Electronic Records
Under the state law definitions (above), an email (or an entry on a website, blog, twitter or a
social media internet site) is a "writing", and it is likewise a "public record" if it meets the
definition above.
Additional regulations have been adopted which further elaborate on the legal duty of a city to
store and archive — not only public records of traditional hard -copy kinds — but also electronic
public records. (See C ter of the Wash' t i ist tine )
(a) Policies on Email Platforms
In recognition of the desire to maintain open and transparent government, and to
support the City's duty to accessibly store and archive electronic public records, it is
hereby the policy of the City that in the case of each email that contains information
relating to the conduct of the government or the performance of any governmental or
other City function, Council members shall:
(i) take all reasonable steps to ensure that each such email sent or received by him
or her is sent or received on the City -maintained email system utilizing the
individual's email address at ci.bainbridge-isl.wa.us.,
(ii) cease utilizing any private, public or proprietary email service other than the
City's, for the sending or receiving of any such emails that meet the definition of
public records, and
(iii) establish an automatic reply message on any email service previously used for a
Councilmember's public email correspondence, to automatically advise any
email sender that any and all emails pertaining to City matters are to be sent to
the Councilmember at the City -provided email address.
Each Councilmember who has been advised by the City Clerk to assist the City in
preserving a copy of his or her emails pertaining to the work of the governing body,
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 17
shall send a copy of each such email, as and when each is sent or received, to the City
email address designated by the City Clerk for that purpose.
(b) Policies on Email Practices
It is hereby the policy of the City that with respect to any email sent by a
Councilmember that contains information relating to the conduct of the government or
the performance of any governmental or other City function, the email shall not be sent
or copied to more than two other Councilmembers, and any Councilmember who
receives such an email shall not forward the email to any other Councilmember.
3.9 COBI Ethics Program
In 2006, the Council established an Ethics Program for elected officials of the City. The purposes of
the Program are: (i) to establish standards of ethical conduct; (ii) provide training and clarification on
those standards; (iii) establish a system to review and advise upon questions of ethics; (iv) create an
Ethics Board; and (v) create enforcement mechanisms. The Program consists of several component
parts, as described in this section. (See BIMC 2.07 and Resolution No. 2006-25.)
3.9.1 COBI Code of Ethics
The Code of Ethics addresses the following topics:
• Prohibited gifts to elected officials; exceptions
• Rules on uses of City property
• Confidentiality of privileged, proprietary and confidential information
• Conflict of interest, where the elected official has financial or private interests
• Exceptions to conflict of interest rules
• Annual written disclosure of interests
• Conflicts of elected official family members; conflicts after leaving office
• Requirement for a conflicts statement from contractors with city business over $5,000
3.9.2 Ethics Board Process and Sanctions
Five volunteer citizens serve on the Ethics Board. The Board is responsible for training elected
officials and responding to requests for an advisory opinion on a potential ethics concern, or a
waiver to confirm that certain conduct is not in violation of the Code of Ethics. Opinions and
waivers are handled with anonymity, and the Board assumes that the facts asserted are true. A
hearing may be conducted by the City Hearing Examiner. Any enforcement action against an
elected official found to have violated the Code of Ethics is determined by the City Council,
and may consist of admonition, reprimand, censure or other sanctions.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 18
3.9.3 Duty to Act in the Interests of the City
• No elected person shall use his or her position, or the knowledge gained therefrom, in such
a manner that a conflict arises between the interests of the City of Bainbridge Island and his
or her personal interests, or the interests of other organizations.
• Each elected person has a duty to place the interests of the City of Bainbridge Island
foremost in any dealings with [the] City, and has a continuing responsibility to comply with
the requirements of this policy.
• If an elected official has an interest in (1) a proposed transaction with the City ... in the
form of a significant personal financial interest in the transaction; or (2) any organization or
member of immediate family involved in such transaction; or (3) holds a position of trustee,
director, officer or employee of such organization; then he or she must make full disclosure
of such an interest before any discussion or negotiation of such transaction, and shall
abstain from any vote on such matter.
3.10 Duties to Act Consistently with City Policy When Representing City Elsewhere
Both elected City officials and non -elected City officials are frequently called upon to participate in
policy bodies and decision-making forums at the county and regional level. It is hereby the policy of
the City that, whenever any City official (whether elected or staff) is directly or indirectly representing
the City on a policy making or decision-making body at the county or regional level, it shall be the
duty of that individual to act in a manner consistent with the interests of the City, as embodied in City
policy, budget, capital facilities plan or other action of Council or directive of the City Manager.
3.11 Role of City Attorney
The City Attorney's ultimate client is the City itself — a municipal corporation. The City Attorney's
relationship to the local government is similar in a number of respects to that of an attorney who
represents a corporation. In that capacity, the City Attorney provides legal advice to the City Council,
the City Manager, the Department Directors, and City staff. (See KTT (footnote 39).)
The City Attorney may represent the City in actions brought by or against the City or against City
officials in their official capacity. However, other attorneys may be hired to handle specific cases
because of the nature of the case, because the City Attorney has a conflict or other reason he or she
cannot become involved, or due to limited resources of the City Attorney's office. In rare cases, the
City Attorney may have a conflict and not be in a position to advise both the City Council and the City
Manager. (See MRSC "Knowing the Territory.")
The City Manager cannot prohibit the Council from having access to the City Attorney's advice. For
reasons of efficiency or cost effectiveness, the City Manager may decide that certain legal questions
should be channeled to the City Attorney through the City Manager, to ensure that questions are
clearly worded and communications back to Council are consistent. (See MRSC "Councilmember
Handbook" (Dec. 2009; p.12).)
The Council can determine as a policy matter whether the City shall obtain legal advice from an on -
staff City Attorney or by reliance on a law firm, but the Council may not direct the appointment of an
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 19
individual to the position of City Attorney — that being the role of the City Manager. (See MRSC
"Code Citv " (June 2009; P. 51))
3.12 Process for Officials to Question the Legality of City Actions
City officials, including elected officials, may be indemnified by the City (or by insurance purchased
by the City) for actions taken by an official within the scope of his or her duties. An official should
therefore take care to act within the scope of his or her duties, and not cause City or personal liability
by virtue of individual actions taken in the absence of legal advice.
An unfounded assertion by a City official that the City is acting in violation of law can cause undue
risk and liability to the city, and may therefore constitute a breach of that official's duty to the City.
Therefore, it is hereby the policy of the City that the following steps shall be followed if a City official
questions the lawfulness of the conduct (or proposed conduct) of the City, or of any of its officials or
staff.
1. Consult the City Attorney and fully describe the facts and issues which raise a question of
illegality.
2. If the advice of the City Attorney does not resolve the concern, consult the City Manager.
3. If steps "1" and "2" do not resolve the concern, the official may request an executive
session of the full Council, if the matter rises to the level of presenting a risk of litigation.
4. Prior to completing steps "1" through "3", it is a violation of the Official's duty to the City
to assert in public the opinion that the City is in violation of law.
3.13 Conduct of Officials with Regard to Litigation Against City
It is hereby the policy of the City that, once an individual or organization has filed a legal proceeding
against the City, no City Council member shall engage in discussions or other communications with
such individual (or the officers or directors of the organization) about the subject of the lawsuit without
first disclosing the intent to do so to the Council, either in public or in executive session. It is also
hereby the policy of the City that its conflict of interest rules shall apply to elected officials with regard
to individuals or organizations threatening or pursuing a lawsuit against the City..
3.14 Prohibition Against Making Gifts of Public Funds
Article 7, section 1 (Amendment 14) of the Washington State Constitution requires that taxes and other
public funds be spent only for public purposes. See also State ex rel. Collier v. Yelle, 9 Wn.2d 317,
324-26, 115 P.2d 373 (1941); AGO 1988 No. 21.
Article 11, section 15 further provides as follows:
The making of profit out of county, city, town, or other public money, or using the same for any
purpose not authorized by law, by any officer having the possession or control thereof, shall be a
felony, and shall be prosecuted and punished as prescribed by law.
Article 8, section 7 of the constitution states:
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 20
No county, city, town or other municipal corporation shall hereafter give any money, or property,
or loan its money, or credit to or in aid of any individual, association, company or corporation,
except for the necessary support of the poor and infirm, or become directly or indirectly the owner
of any stock in or bonds of any association, company or corporation.
A city may contract with private organizations to provide services to the public if those are services
that the city is authorized to provide. The private organization provides the services in question as an
agent or contractor for the city. For instance, a city, having authority to provide recreational programs
for its residents, may do so by contracting with a youth agency or senior citizens' organization to
operate recreational programs for those groups, under appropriate city supervision. The contract should
be carefully drawn, however, so that the program or project remains the city's own operation and is not
an unlawfully broad delegation of city authority, or grant of city funds, to a private agency. Payments
should be made pursuant to vouchers reflecting the satisfactory performance of services, as provided in
Cha ter 42.24 of the . (KTT p. 22-24).
3.15 Separate Accounting of City Funds
With regard to the City's four enterprise services funds — namely, the three utility funds (i.e., water,
wastewater and stormwater utilities), and the Building and Development Services Fund -- it is the
policy of the City:
• to separately account for each of the funds; and
• to ensure that fees and charges collected from a customer of any such enterprise is not used to
subsidize another enterprise fund or the general operations of city government.
Nothing in this policy is intended to either: (i) prohibit an enterprise fund from paying its duly
allocated share of direct or indirect costs or its reasonable allocation of City overhead costs,
periodically examined by the State Auditor; or (ii) prohibit the imposition of a tax on the utility funds.
3.16 Duty to Avoid Interfering with City Manager's Role with Staff
Neither the Council nor any Councilmember shall interfere with the authority of the City Manager to
appoint and remove any and all department heads, officers, and employees of the City (except
Councilmembers), subject to the provisions of applicable law, rule, or civil service regulation. Nor
shall the Council or any Councilmember give orders to any subordinate of the City Manager. (See
RCW 3 5A.13.120).
3.17 Duty to Bargain in Good Faith with Collective Bargaining Representatives
Unions have a significant presence in Washington cities. Most city employees have the
right to organize under state law and have joined state-wide unions or formed local
associations. The city must negotiate labor contracts with these unions over wages,
hours and working conditions.
In particular, most police ... departments are unionized. Except for very small cities,
police ... unions have access to interest arbitration when an impasse in bargaining
occurs. This can create a unique dynamic in police ... negotiations, given the potential
for an outside arbitrator to make decisions regarding wages, benefits and contract
language. (Councilmember Handbook, p.13)
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 21
Certain City employees are represented by the International Association of Machinists (IAM) and
police officers are represented by the Police Guild.
It is the policy of the City that it shall be the responsibility of the Council to set policy for collective
bargaining, and the responsibility of the City Manager to engage in such collective bargaining.
3.18 Immunitv and Indemnification of Officials For Individual Actions in Good Faith
An appointed or elected official or member of the governing body of a public agency is immune from
civil liability for damages for any discretionary decision or failure to make a discretionary decision
within his or her official capacity, but liability shall remain on the public agency for the tortious
conduct of its officials or members of the governing body. (See RCW 4.24.070(1))
It is important to note that an official's immunity applies solely to actions taken in good faith in the
course of performing within the scope of the official's duties.
The City is insured through the Washington Cities Insurance Authority (WCIA). WCIA provides
broad coverage for damage claims and/or lawsuits brought against the City and its officials. If a
damage claim involves a covered claim against a City official, then WCIA will retain legal counsel to
defend the City official and will generally pay any resulting judgment or settlement amount. Please
note WCIA coverage is only available if the situation is the result of a City official acting within the
scope of her or his official duties and (if the matter is) not otherwise excluded from coverage through
WCIA's compact with the City (i.e., hazardous waste claims are generally excluded from WCIA
coverage).
Additionally, in the event that a damage claim and/or lawsuit is brought against a City official that is
related to the performance or failure to perform his or her official duties and the matter is not covered
through WCIA, BIMC 2.68 provides that the City shall provide legal representation to defend the City
official and shall indemnify the City official for the payment of the claim (if warranted) or any
resulting judgment. The City will not indemnify and defend a City official acting outside the scope of
his or her official duties, or if the claim and/or lawsuit is based upon a dishonest, fraudulent, criminal
and/or malicious act.
Article 4: CITY COUNCIL —THE ELECTED GOVERNING BODY
4.1 Council Meeting - Time and Location
Regular Meetings of the Council in the form of Business Meetings and/or Study Sessions shall be held
on the dates and times as adopted by Council ordinance, unless cancelled or postponed in accordance
with applicable State or local procedures. Special meetings may be called by the Mayor or by four
Councilmembers.
4.2 Council Meetings — Open to the Public
All meetings of the Council and of any Committees thereof shall be open to the public, except as
provided for in RCW 42.3.11 or RCW 42. 3 0.140.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 22
4.3 Mayor — Election — Chair to be Mayor — Duties ("Mayor")
Biennially at the first meeting of the new Council the members thereof shall choose a chair from
among their number. The chair of the Council shall have the title of Mayor and shall preside at
meetings of the Council. In addition to the powers conferred upon him or her as Mayor, he or she shall
continue to have all the rights, privileges, and immunities of a member of the Council. The Mayor shall
be recognized as the head of the city for ceremonial purposes. He or she shall have no regular
administrative duties, but in time of public danger or emergency, if so authorized by ordinance, shall
take command of the police, maintain law, and enforce order. (See RCW 35A.13.030.)
4.4 DeDUtV Mavor or Mavor Pro TemDore ("Mavor Pro Tem"
Biennially at the first meeting of a new Council, or periodically, the members thereof, by majority
vote, may designate one of their number as deputy mayor or mayor pro tempore (referred to in this
manual as Mayor Pro Tem) for such period as the Council may specify, to serve in the absence or
temporary disability of the Mayor; or, in lieu thereof, the Council may, as the need may arise, appoint
any qualified person to serve as Mayor Pro Tem in the absence or temporary disability of the Mayor.
(See RCW 3 5A.1. ,)
Meetings of the Council shall be presided over by the Mayor, if present, or otherwise by the Mayor Pro
Tem if one has been appointed, or (in the absence of both of them) by a member of the Council
selected by a majority of the Councilmembers at such meeting. Serving as Presiding Officer of the
meeting shall not in any way abridge the right of the Presiding Officer to vote on matters coming
before the Council at such meeting.
In the event of the extended excused absence, disability or resignation of a Councilmember, the
remaining members by majority vote may appoint a Councilmember pro tempore to serve during the
absence or disability.
4.5 Quorum
As provided under State law, all meetings of the Council, four Councilmembers shall constitute a
quorum for the transaction of business. A lesser number may adjourn from time to time, provided that
written notice of said adjournment is posted on the exterior Council Chamber doors per RCW
42.30.090.
4.6 Respect and Decorum
It is the duty of the Presiding Officer and Councilmembers to maintain dignity and respect for their
offices, City staff and the public. While the Council is in session, the Councilmembers shall preserve
civility, order and decorum. No member of the public shall, by conversation or otherwise, delay,
disrupt or interrupt the proceedings of the Council, nor disparage any person while speaking.
Councilmembers and the public shall obey the proper orders of the Presiding Officer of the meeting.
4.6.1 Orderly Behavior and Civility in Remarks
Any person disrupting the business of the Council, either while addressing the Council or
attending the proceedings, shall be asked to leave, or be removed from the meeting. Continued
disruptions may result in a recess, forced removal or adjournment as described elsewhere in
this manua .
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 23
4.6.2 Permission Required to Address the Council
Persons other than Councilmembers and Administration shall be permitted to address the
Council only upon recognition and/or introduction by the Presiding Officer of the meeting.
4.6.3 Forms of address
The Mayor or Mayor Pro Tem shall be addressed at a meeting where he or she is presiding as
"Mr./Ms. Chair".
4.7 Telephonic or Video Participation from a Remote Location
Requests, by a Councilmember, to participate remotely by telephonic or audio-visual connection in a
nonvoting capacity shall be granted by the Presiding Officer provided technical capability exists and
adequate notice is given, and shall be at the Councilmember's own expense, unless waived in a
Council motion.
Such a remote participation by a Councilmember for voting purposes may be permitted in
extraordinary circumstances upon a majority vote of the Council present at the meeting site, provided
all documents and exhibits are clearly visible or readable for all participants and provided that the
video and/or audio recording of the meeting allows the remote participant to be heard. The cost of
such remote connectivity shall be paid by the Councilmember requesting remote connectivity, unless
waived by vote of the Council. No such remote participation for voting purposes shall be allowed for
public hearings or any quasi-judicial proceedings.
Examples of extraordinary circumstances would be: emergencies or illness, accident, unforeseen
urgent out-of-town business, or similar circumstances.
4.8 Attendance; Excused Absences
A Councilmember may forfeit his/her office by failing to attend three consecutive regular meetings
without being excused by the Council. Members of the Council may be so excused by complying with
this section. The member shall contact the Mayor or Mayor Pro Tem prior to the meeting and state the
reason for his/her inability to attend the meeting. If the member is unable to contact the Mayor or
Mayor Pro Tem, the member shall contact the City Manager or City Clerk, who shall convey the
message to the Presiding Officer. Near the beginning of the Council meeting, the Presiding Officer
shall inform the Council of the member's absence, state the reason for such absence, and inquire if
there is any objection to excusing the member. If there is any objection, the Presiding Officer shall call
for a motion to excuse the member. This motion shall be non -debatable. In such a case, the outcome
of the vote shall determine whether the member shall be considered excused. (See . .)
4.9 Filling Council Vacancies
If a vacancy occurs, the Council will follow the procedures provided in RCW 3 5A. 12.050 in order to
fill the vacancy with the most qualified person available until an election can be held. The Council
will publish a notice of the vacancy, the procedure, and distribute the application form for soliciting
candidates. The Council will draw up an application, which contains relevant information to answer set
questions posed by the Council. The application forms will be used in conjunction with an interview
of each candidate to aid the Council's selection of the new Councilmember.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 24
4.10 Continuity of Government Act
In the event that the executive head of any city or town is unavailable by reason of enemy attack to
exercise the powers and discharge the duties of the office, the provisions of RCW 42.14.050shall
apply. The same policy shall be applied in the case of a natural or man-made disaster.
Article 5: CITIZEN COMMITTEES, BOARDS AND COMMISSIONS
5.1 Approval of Appointees
5.1.1 Citizens on Standing Governing Bodies
All members of standing citizen committees, citizen boards and citizen commissions which are,
or which may hereafter be, required by State law or City ordinance or resolution, shall be
appointed by the Mayor with confirmation by the Council.
5.1.2 Citizens on Temporary Governing Bodies
Any citizen members of any other committees — such as Ad Hoc Committees, Citizen Advisory
Committees or Steering Committees — shall be appointed and approved in the manner described
in Section 2.1 (Types of Governing Bodies, and Advisory or Supporting Groups) of this
Manual. With regard to any appointments that would normally be subject to Council approval,
the Council may choose to waive confirmation in the instrument creating said committee or
group.
5.1.3 Removal
Members of any committee, board or commission which has been appointed by the Council or
the Mayor and confirmed by the Council, may be removed without cause by a majority vote of
the Council unless otherwise provided for in the Code, ordinance or resolution that authorized
creation of the committee, board or commission.
5.2 Establishment and Review of Citizen Governing Bodies That Are Temporary
Council -established governing bodies that are intended to be temporary -- such as Ad Hoc Committees
or Citizen Advisory Committees — shall be commissioned for a time certain and provided with a clear
task description and "sunset' provision. Such temporary committees shall be subject to review
whenever a new Council is seated following elections, so as to determine whether the committee and
its functions continue to be appropriate and necessary.
Other special ad hoc committees and Council liaisons for a particular purpose may be appointed by the
Mayor, with confirmation of Council, for a time certain along with a clear task description and
"sunset" provision.
Citizen Committees, Commissions and Boards, liaisons and citizen advisory or taskforce groups
should be given an opportunity to make a recommendation, when appropriate, on proposed ordinances,
resolutions and motions within their area of responsibility or interest, before action is taken by the
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 25
Council. The appropriate spokesperson may present the recommendation(s) during discussion of that
business item on a Council agenda.
To the extent that the City Attorney has determined that a citizen committee, commission or board is a
that is subject to the State t s 1 s, no such body shall take votes for
final action outside of a noticed open public meeting.
5.3 Relations with Boards, Commissions and Citizen Advisory Groups
Boards, commissions and citizen advisory bodies of the City shall provide the City with minutes, or a
summary report of all meetings. Communications from such boards, commissions and advisory bodies
shall be acknowledged by the Council. Any member of the Council may also bring such
communication to the Presiding Officer's attention under the agenda item "Committee, Board and
Liaison Reports." Should any member of the Council determine that such communication be officially
answered by the Council, the Presiding Officer shall place the matter on the agenda under New
Business for the current meeting or any subsequent meeting.
Article 6: CITY ADMINISTRATION
6.1 City Manager
The City Manager is the chief administrative officer of the City. The City Manager is appointed by and
directly accountable to the Council for the execution of the Council's legislative policy directives, and
for the administration and management of City departments. The powers and duties of the City
Manager are defined by State law and a variety of City ordinances. Such duties may be expanded or
clarified by job description, resolution or Council directive (motion). Balanced with the City
Manager's accountability to the Council for policy execution is the need for the Council to allow the
City Manager freedom to perform those duties and responsibilities in his/her day-to-day management.
The City Manager makes appointments and removals of employees and may delegate such powers to
department heads, provided, that nothing herein shall be construed to prohibit the Council, while in
open session, from fully and freely discussing with the City Manager, anything pertaining to
appointments and removals of City officers and employees and City affairs. (See RCW 3 5A.13 .)
6.2 Role of the City Manager
The City Manager shall attend all meetings of the City Council, unless excused by the Presiding
Officer or Council. The City Manager may recommend for adoption by the Council such measures as
he/she may deem necessary or expedient, prepare and submit to the Council such reports or proposals
as may be required by the body or as the City Manager deems advisable to submit; keep the Council
fully advised as to the business and finances of the City; and when appropriate, shall take part in the
Council's discussion on all matters concerning the welfare of the City. In the event that the City
Manager is unable to attend a Council meeting, the City Manager shall appoint a key staff member to
attend the meeting as the representative of City Administration.
During Council meetings, the Presiding Officer should rely on the City Manager to introduce the
administrative participation on agenda items and should offer opportunity for comment or
recommendation of the City Manager before final vote on important matters.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 26
6.3 Informal Communications Encouraged
Members of the Council are encouraged to interact informally and casually with City staff for the
purpose of gathering information, obtaining progress reports on policies and programs or providing
information to staff relevant to their Council office. Such informal contacts can serve to promote
better understanding of specific City functions and problems. However, Councilmembers should be
careful, in such interaction, to avoid giving direction or advice to members of City staff, which may
conflict with the City Manager's directives. City staff should provide their supervisor with the same
information shared with the Councilmember.
6.4 Citv ManaLyer — Interference by Councilmembers
As provided by ,neither the Council, nor any of its committees or members, shall
direct the appointment of any person to, or his or her removal from, office by the City Manager or any
of his or her subordinates. Except for the purpose of inquiry, the Council and its members shall deal
with the administrative service solely through the City Manager and neither the Council nor any
committee or member thereof shall give orders to any subordinate of the City Manager, either publicly
or privately. The provisions of this section do not prohibit the Council, while in open session, from
fully and freely discussing with the city manager anything pertaining to appointments and removals of
city officers and employees and city affairs.
6.5 Comulaints to Councilmembers
When performance complaints are made by citizens about staff actions or non -action directly to an
individual Councilmember or in a Council or committee meeting, the Council or Councilmember
should then refer the matter directly to the City Manager for review and/or action. The individual
Councilmember or the Council may request to be informed by the Administration of the action or
response made to the complainant.
6.6 Administrative Complaints - "Best Practice"
Although citizens' direct access to elected officials is to be encouraged to help develop public policy,
City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or
administrative appeals which may actually delay a timely customer service response. The best policy
is to get the citizen into direct contact with the appropriate department or the City Manager, unless an
unsatisfactory result has occurred. In that case, refer to Section 6.5 above.
6.7 City Clerk - Minutes - Public Information Access
The City Clerk shall adhere to the requirements of State law, and shall be the ex -officio Clerk -of -the -
Council. The City Clerk shall keep minutes as required by law, and shall perform such other duties in
the meeting as may be required by the Council, Presiding Officer or City Manager. In the absence of
the City Clerk, the City Clerk shall appoint a replacement to act as Clerk -of -the -Council. The Clerk -
of -the -Council shall keep minutes which identify the general discussion of the issue and complete
detail of the official action or consensus reached, if any. The City Clerk shall make an audio recording
of the proceedings of all public hearings, regular business meetings, study sessions and workshops, and
quasi-judicial proceedings. The Clerk shall keep, and make available, an agenda and date for each
recording, which will facilitate location of the recorded proceedings. The audio recordings shall be
posted publicly on the City website, ideally within 48 hours after the meeting.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 27
6.8 The Three Touch Rule
Decision -makers and citizens at all levels of the City should have adequate time to thoughtfully
consider the issues prior to final decisions. It is the intent of the Council that the Council and
Administration should abide by the "Three Touch Rule" whenever possible (unless an exception
applies). The following procedural guidelines are designed to avoid "surprises" to the Council,
citizens and administrative personnel.
Any pending request or proposal for adopting or changing public policy, ordinances, resolutions or
directives which will require a decision of the City Council or Administration should normally
"touch " (oral, written or any combination thereof) the decision makers at least three separate times.
Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of
the "Three Touch Rule."
It is recognized that the hands of decision -makers should not be tied unnecessarily. Unexpected
circumstances may arise wherein observance of the "Three Touch Rule" is impractical. However,
when unusual circumstances arise which justify a "first discussion" decision, the persons requesting
the expedited decision should also explain the timing need. The Three Touch Rule excludes staff
reports and other general communications not requiring a future Council decision.
6.9 City Staff — Attendance at Meetings
Attendance at meetings by City staff shall be at the discretion of the City Manager. It is the intent of
the Council that the City Manager schedule adequate administrative support for the business at hand
but also to protect the productive capability of department heads. When sound system or other
monitoring capabilities exist, the City Manager may allow personnel to utilize time in their offices or
other areas while waiting for the item of business for which appearance before the Council is required.
6.10 Administrative Presentations and Briefings
In order to enhance public understanding of complex issues being presented, City Administration is
encouraged to include the use of visual communication tools whenever possible, such as:
• Overhead projection summaries or PowerPoint bullet points;
• Flow charts or box diagrams to illustrate complex organizations, sequences or systems;
• Bullet point or summary handouts for the public and the press, when appropriate;
• Slide projector or video -cam clips to show actual situations or settings;
• Large maps to help pinpoint specific locations or parcels;
• Use of color to highlight important elements;
• White board for illustration; and/or
• Configuring the room/display so as to allow the public to follow and understand issues.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 28
Article 7: PREPARATION FOR COUNCIL MEETINGS
7.1 Council Meeting Agendas
Agenda preparation shall have 3 stages: a preliminary stage, a proposed stage and a final Council
agenda stage.
The City Clerk, under the direction of the City Manager, and in consultation with the Mayor/Mayor
Pro Tem, shall arrange a list of proposed matters deemed ready for Council consideration according to
the "3 touch" rule (Article 6.8) and shall prepare a "preliminary agenda" for the next Council
meeting. When the "preliminary agenda" has been reviewed by the Mayor/Mayor Pro Tem, he/she
shall have the option of adding (or deleting) any item from such agenda.
When the Mayor executes approval of the preliminary agenda it shall then become the "proposed
agenda." Copies of the "proposed agenda" shall be posted on the City website at least 24 hours prior
to the Council meeting and shall be subject to the notice provisions stated in the City Code.
Upon convening a Council meeting and before any other business, the Council shall accept or modify
the agenda by motion. The agenda shall then be officially the "Council agenda" for that meeting.
Requests for presentations to be scheduled on the formal agenda imply that the presentation is an
official business consideration of the City. The Presiding Officer shall have the authority to rule on
whether or not a graphic presentation, video or other audio-visual presentation by non -City personnel
is appropriate to be presented at the meeting.
The Presiding Officer, a majority of Councilmembers present, or the City Manager may propose a new
item for the agenda at a meeting when extraordinary circumstances require, or for the purpose of
information touches, excepting that items for action may not be added to a Special Meeting agenda.
7.2 Consent Agenda
The City Clerk or City Manager, in consultation with the Mayor and/or Mayor Pro Tem, may place
matters on the consent agenda which:
• have been previously discussed by the Council; or
• based on the information delivered to members of the Council by Administration, can be
reviewed by a Councilmember without further explanation;
• are so routine, technical or "housekeeping" in nature, that passage without discussion is likely;
or
• are otherwise deemed in the best interest of the City.
7.3 Study Session Agendas
The City Clerk, under the direction of the City Manager and in consultation with the Mayor and/or
Mayor Pro Tem, shall arrange a preliminary study session agenda worksheet for the meeting.
Councilmembers may request items to be placed on the agenda by contacting the City Clerk.
The Study Session worksheet shall, for each item, contain the following elements:
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 29
• Subject: The project designation or descriptive name for the item. The person requesting the
item should use the same title in any subsequent business.
• Discussion Leader: The person who will introduce the item and lead the discussion as in 7.3.1
below.
• Activity: A brief description and time estimate of the discussion necessary for the Council to
speak to the question posed in the "Goal" column.
• Goal: The reasonable outcome contemplated, whether a final action, advancement to a future
agenda, just a "touch," according to the 3 touch rule or for general information.
When the "preliminary study session agenda" has been reviewed by the Presiding Officer for the
Study Session, he/she shall have the option of deleting any item from such agenda until the next
Council meeting when the full Council may vote on whether to re -introduce the item on the agenda or
for a subsequent Council meeting. When the Mayor has approved the preliminary study session
agenda, it shall then become the "proposed study session agenda." The proposed agenda shall be
published on the City website not less than 24 hours prior to the Study Session.
Upon convening the Study Session and before any other business, the Council shall accept or modify
the agenda by motion. The agenda shall then officially be the "Council study session agenda" for
that meeting.
7.4 Study Session Procedure
During a Council Study Session or Workshop, the discussion leader introduced by the Presiding
Officer should:
• Introduce the subject and give background information;
• Identify the discussion goal;
• Act as facilitator to keep the discussion focused toward the goal; and
• Alert the Presiding Officer when it is appropriate to call for consensus or a motion.
The Presiding Officer shall retain the option of assuming the function of the discussion leader at any
time in order to keep the discussion properly focused. The City Clerk shall keep notes of the discussion
subjects with special attention to Council consensus or administrative direction which may need more
formal action in a later meeting (i.e. agenda, future budget changes, etc).
7.5 Process for Preparing Legislation or Policies for Adoption
7.5.1 Draft Documents
Prior to consideration or final passage of all Ordinances, Resolutions or pre -written Motions ,
draft documents or proposals shall be designated as drafts and shall contain the date of revision
and the name of the author. Proposed Ordinances and Resolutions shall be accompanied by a
"bullet" summary for possible later publication.
"Proposed Drafts" shall contain the date, name of the group or individual originating or
sponsoring the proposal, prior to the first presentation to the City Council.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 30
• "Council Drafts" shall be documents or proposals which have been presented in open
public session and held over by the City Council for further consideration or revision.
7.5.2 Preparation of Ordinances.
The procedures for ordinances are as follows:
(a) Proposing an Ordinance
A Councilmember may, in open session, request of the Presiding Officer that the
Council study the wisdom of enacting an ordinance. The Council then may assign the
development of the proposed ordinance to the Administration, an Ad Hoc Committee,
an Advisory Committee or the Council for consideration. The committee or
Administration shall report its findings to the Council. The City Manager, the City
Attorney, or any of the citizen boards, committees or commissions may propose that
Council consider an ordinance or resolution.
(b) Sponsorship Encouraged
When a Councilmember wishes to assume sponsorship or advocacy of an ordinance or
resolution, he/she should so announce, make the initial motion, provide an introduction
and advocate the measure before the Council.
(c) Two (2) Readings
Although State law requires only one reading in most cases, all City ordinances shall
normally have two (2) separate readings at separate Council meetings. At each reading,
the title of the ordinance and a simplified summary or title of the ordinance shall be read
prior to a vote. Not later than the date of the meeting at which the reading occurs, the
full text of the draft ordinance shall be posted on the City website. A printed copy of the
ordinance shall be made available by the City upon request by a member of the public.
(d) Waiver
The provision requiring two (2) separate readings of an ordinance may be waived at any
meeting when the Council determines that the ordinance is simple, non -controversial or
administrative in nature or that the interests of the City are best served by one reading.
(e) Motion failure
If a motion to "continue an ordinance to a second reading" fails, the ordinance shall be
considered lost, unless a subsequent motion directs its revision and resubmission to
second reading.
(f) Repealer.
Any ordinance repealing any portion of the Municipal Code shall also repeal the
respective portions of the original ordinance(s). Ordinances repealing earlier
ordinances shall not apply to acts, incidents, transactions or decisions occurring before
such repeal.
City of Bainbridge Island Manual of City Governance — Adopted 3/10/2010 Page 31
7.5.3 Preparation of Resolutions
A resolution may be put to its final passage on the same day on which it was introduced.
However, the Council may invoke the two (2) reading procedure, described in Section 7.5.2(c)
above, to facilitate public understanding and/or opportunity to comment on the resolution. The
title of each resolution and a simple text summary, if available, shall be read prior to its
passage. Not later than the date of the meeting at which the reading occurs, the full text of the
draft resolution shall be posted on the City website. A printed copy of a resolution shall be
made available upon request by a member of the public.
7.6 Council Packets
Councilmembers shall personally pick up their agenda packets from their individual mailboxes,
provided by the City Clerk, unless otherwise arranged by the member or further directed by Council.
Councilmembers and affected staff should read the agenda material and ask clarification questions
prior to the Council meeting, when possible.
Article 8: RULES OF ORDER FOR COUNCIL MEETINGS
8.1 Parliamentary Procedure
Rules of order not specified by statute, ordinance or this Manual shall be governed by Robert's Rules
of Order — Newly Revised in Brief. A simplified summary of some of the most frequently used
motions under Robert's Rules are shown in Exhibit A: Simplified Summary of Parliamentary
Procedure.
8.2 Motions and Discussion
All items of business placed before the Council that require the expenditure of Council and/or
Administration resources or changes in land use shall be in the form of an affirmative motion.
Affirmative motions are preferred to prevent "approval by default" of a failed negative motion.
8.3 Votin
The votes during all meetings of the Council shall be transacted as follows:
• Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice,
except that at the request of any Councilmember, a roll call vote shall be taken and recorded by
the City Clerk. The order of the roll call vote shall be determined by the Presiding Officer.
In case of a tie vote on any proposal, the motion shall be considered lost.
• Every member who was in the Council chamber when the question was put, shall give his/her
vote unless the Council, for special reasons, shall excuse the member by motion. If any
Councilmember refuses to vote "aye" or "nay" (for example, due to a conflict of interest), the
result shall be determined in accordance with Robert's Rules, which generally means that it
shall be as if the individual who abstained from voting was not present for the vote.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010
Page 32
8.4 Reconsideration
Any action of the Council, (including without limitation a final action on applications for legislative
changes in land use status), shall be subject to a motion to reconsider, except for:
any action previously reconsidered,
motions to adjourn or motions to suspend the rules, or
a vote electing to office one who is present and does not decline.
A motion for reconsideration can only be made by a member of the prevailing side on the original
action. A motion to reconsider must be made no later than the next regular Council Business Meeting.
A motion to reconsider is debatable only if the action being reconsidered is debatable. Upon passage
of a motion to reconsider, the subject matter is returned to the table immediately or at the next regular
Council meeting (as determined by the wording of the motion to reconsider) for any action the Council
deems advisable. Any motion for reconsideration of a matter which was the subject of a required
public hearing or which is a quasi-judicial matter may not be discussed or acted upon unless and until
the parties or their attorneys and the persons testifying have been given at least five (5) business days
advance notice of such discussion and/or action.
8.5 Dissents and Protests
Any Councilmember shall have the right to express dissent from or protest, orally or in writing, against
any Motion, Resolution or Ordinance of the Council and have the reason therefore entered or retained
in the minutes.
8.6 Complaints and Suggestions to Council
When citizen complaints or suggestions, not on the agenda, are brought before the Council at a
meeting, the Presiding Officer may, if circumstances warrant it, attempt to direct the citizen matter to
an appropriate channel for resolution. In such a case, the Presiding Officer shall, in consultation with
the City Manager, first determine whether the issue is legislative or administrative in nature and then:
If legislative, and a complaint is about the language or intent of legislative acts or suggestions
for changes to such acts, and if the Council finds such complaint suggests a change to an
ordinance or resolution of the City, the Presiding Officer may refer the matter to
Administration, or the Council for study and recommendation.
If administrative, and a complaint regarding administrative staff performance, execution of
legislative policy or administrative policy within the authority of the City Manager, the
Presiding Officer should then refer the complaint directly to the City Manager for review, if
said complaint has not been so reviewed. The Council may direct that the City Manager brief
the Council when the City Manager's response is made.
8.7 Prior Permission Required for Certain Elaborate Presentations
No overhead projection, photographs, motion pictures, or video that require the use of flood lights or
similar continuous artificial illumination, shall be used by the public at City Council meetings without
the prior consent of the Presiding Officer or the City Manager.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 33
8.8 Conduct of Business Meetings
The Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct the
Council's business more expeditiously. Business Meetings of the Council may generally include many
or most of the following agenda elements (which need not occur in the order stated below). Council
may, by motion, formally approve a "Sample Order of Business," which, if adopted, shall be appended
to accompany the published body of this manual as information. Such "Sample Order of Business"
shall serve as a guideline, subject to change by motion of the City Council, in accordance with the
procedures described in Article 7.1 and this article.
Examples of Business Meeting agenda elements include:
Executive Session
The Council may hold an executive session during a regular or special meeting. Before
convening in executive session, the Presiding Officer shall publicly announce the purpose for
excluding the public from the meeting place and the time when the executive session shall be
concluded. If the Council wishes to adjourn or take action at the close of a meeting from
executive session, that fact will be announced. The announced time limit for executive sessions
may be extended by announcement of the Presiding Officer made to those waiting in the
nearest public area. No final action maybe taken in executive session. (SeeRCW42.30.110.)
Councilmembers shall not disclose any confidential oral and written information provided
during executive sessions or otherwise obtained in the course of their duties in order to protect
the best interests of the City.. (See RCVS' 42.23.070(4), Article II(C) of the City's Code of
Ethics.)
Summary Reports
Short summary reports may be presented near the beginning of the meeting. Short summary
reports may, for example, be presented by the Presiding Officer, the City Manager, or the chair
of an Ad Hoc Committee or Steering Group.
Public Comment Period or Public Hearing
The routine public comment period at a Business Meeting is conducted as described in Section
8.12 below. By contrast, a public hearing is governed by different rules of procedure than a
public comment period, and may either be (a) a quasi-judicial review of a land -use matter, or
(b) an opportunity for public comments to be heard and recorded on a legislative matter.
Special opportunities for public comment apply to a public hearing (see Section 8.13 below),
and special rules and procedures apply to a quasi-judicial hearing (see Section 8.14 below).
• Consent Agenda
The proper Council motion on the consent agenda is as follows: 7 move adoption of the
consent agenda" This motion shall have the effect of moving to adopt all items on the consent
agenda. Any member of the Council shall have the right to remove ("pull") any item from the
consent agenda. Therefore, prior to the vote on the motion to adopt the consent agenda, the
Presiding Officer shall inquire if any Councilmember wishes an item to be "pulled" from the
consent agenda. If any matter is pulled, the Presiding Officer shall entertain discussion and a
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 34
motion on any pulled item after the vote on the passage of the unpulled items of the consent
agenda.
Discussion of Matters for Future Meetings
The purpose of such a discussion is to offer Council members (an opportunity) to express
preferences regarding the setting of the agenda for a future Council meeting, subject to the
prerogatives of the agenda -setting process described in Section 7.1.
• Other Common Agenda Elements
The agenda of a Business Meeting may also include other elements such as: Unfinished
Business; Ordinance Reading; Items Over $100,000; and New Business.
8.9 Conduct of Study Sessions and Workshops
Regular or Special Meetings of the Council, or portions thereof, may be designated as Study Sessions.
The definition and the basic rules for Study Sessions are stated in Section 2.3.4, and for a Workshop in
Section 2.3.5.
A Study Session may consist of any or all of the following elements:
(a) Public Comment Period
In general, because a Study Session is more informal and more interactive than a
Business Meeting, the Presiding Officer may have greater latitude to seek public
comment on a particular issue being discussed. Therefore, the Presiding Officer may
invite public comment and dialog from time to time during the Study Session. In
general, public comment shall be sought solely or primarily on matters on the Study
Session agenda.
(b) Vetting of Agenda Items:
This element of a Study Session involves a vetting and review of agenda items that are
expected to appearfor Council action on the agenda of the next ensuing Council
Business Meeting. This element of the Study Session may include: review of clarity and
completeness of issues presented; discussion of the merits of the pNoposal; and a
procedural vote to determine whether the agenda item shall be advanced to an ensuing
Business Meeting of the Council.
(c) Study of Emerging Issues
This element of the Study Session involves emerging issues that are not initially
expected to appear for action at the next Council Business Meeting, and it may include:
(i) staff or third -party presentations; (ii) Council and Administration study, discussion
and analysis; and/or (iii) interactive public comments and Council responses to
comments.
(d) First Touch and Second Touch Updates
The agenda may provide timefor short updates by the City Manager, staff,
Councilmembers, or a member of an Ad Hoc Committee or Steering Group.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 35
(e) Referral to Committee, Steering Group or Further Public Process
At a Study Session, the Council may choose to refer an issue to an Ad Hoc Committee
or Steering Group, or schedule a Public Forum, before the issue returns to a future
agenda.
8.10 Workshops
The purpose of a Workshop (i.e., a single -topic Study Session) is to allow Councilmembers to do
concentrated preliminary work with Administration or the public on a single subject (i.e., budget,
complex legislation or reports, etc.). Workshops shall be in a less formal setting, but shall not
discourage public observation. Public comment is not normally allowed at Workshops although the
Council may allow, or request, participation in the same manner as other Council Study Sessions.
8.11 Adjournment Due to Emergency or Disruption
In the event of emergency, such as a fire, threatened violence, or inability to maintain order, the
Presiding Officer shall declare the meeting adjourned or continued and Councilmembers shall
immediately leave the meeting area.
8.12 Procedures for Public Comment at Business Meetings
8.12.1 In General
The City Council desires to allow a maximum opportunity for public comment at various
public forums and meetings. However, at a Business Meeting, the business of the City must
proceed in an orderly, timely manner, and in that setting, the open Public Comment period is
generally limited in overall time on the agenda (e.g. 30 minutes), and is further limited in the
amount of time per speaker (3 minutes, or such lesser time determined by the Presiding Officer
if a large number of individuals wish to speak). At any time the Presiding Officer in his/her
sole discretion, may set such further limitations as are necessary to progress through the agenda
and/or to prevent disruption of other necessary business.
The City will utilize a sign -in procedure for public comments, but, if time permits, the
Presiding Officer may also invite comments from individuals who failed to sign in. The
Presiding Officer may require a member of the public to state their name, address, and the
subject of their comments.
These rules are intended to promote an orderly system of holding a public meeting, to give
persons opportunity to be heard and to create an environment in which no individuals are
embarrassed or uncomfortable by exercising their right of free speech.
8.12.2 Subjects — Whether or Not on the Current Agenda
Public comments received during the public comment period may be on any public topic,
whether or not on the agenda, but a comment on the subject that is covered by a public hearing
at that meeting must be made during the period of the public hearing.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010
Page 36
8.12.3 Use of Microphones
Comments shall be made directly into the microphone, as it is necessary for the public record
and for the audience to hear all proceedings. No comments shall be made from any other
location.
8.12.4 Civility
The Presiding Officer is responsible for maintaining order and civility among those addressing
the Council. There will be no demonstrations during, or at the conclusion of, any person's
presentation. Any disruptive behavior, as determined by the Presiding Officer, shall be cause
for removal from the meeting room.
8.12.5 Council May Overrule the Presiding Officer
Any ruling by the Presiding Officer relative to the conduct of the public comment period may
be overruled by a vote of a majority of Councilmembers present.
8.13 Public Hearings — In General
8.13.1 Sign in Procedure
Prior to the start of the public hearing, the Presiding Officer may require that all persons
wishing to be heard sign in with the Clerk, giving their names and addresses, the agenda item,
and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to
sign in shall not be permitted to speak until all those who signed in have done so. At any
public hearing, persons who have signed in and wish to be heard shall be given an opportunity
to be heard.
8.13.2 Time Limits
The Presiding Officer shall be authorized to establish speaker time limits and otherwise control
presentations to avoid repetition. The Presiding Officer may change the order of speakers so
that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent
owners, vested interests, etc.).
8.13.3 Other Rules
The rules applicable to a Public Comment period under Sections 8.12.3, 8.12.4, and 8.12.5 shall
likewise apply to legislative public hearings.
8.14 Council Quasi -Judicial Hearings
Quasi-judicial hearings and actions of the Council are those proceedings which determine the legal
rights, duties, or privileges of specific parties in a hearing or other contested case proceeding. Quasi-
judicial actions or hearings do not include the hearings pertaining to legislative actions adopting,
amending, or revising a general governmental policy or ordinance, or a comprehensive, community, or
neighborhood plan or other land use planning documents or the adoption of area -wide zoning
ordinances or the adoption of a zoning amendment that is of area -wide significance."
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 37
8.14.1 Appearance of Fairness Doctrine Applies to Quasi -Judicial Actions
If a proceeding is quasi judicial, the "appearance of fairness doctrine" under Washington state
law is generally applicable. See RCW 42.36.010and Section 3.6.4 of this Manual. If a
proceeding contains both legislative and adjudicative functions, it is recommended that the
appearance of fairness doctrine rules be followed by the Council.
8.14.2 Obligations of Councilmembers in Quasi -Judicial Proceeding
In the event of a quasi-judicial proceeding of the Council, a Council member should
immediately disclose any interests that may appear to constitute a conflict of interest.
Councilmembers should recognize that the Appearance of Fairness Doctrine does not require
establishment of a conflict of interest, but whether there is an appearance of conflict of interest
to the average person. This may involve a Councilmember's business associate, or a member
of the Councilmember's immediate family. It could involve ex parte communications (that is,
communications with one party to the quasi-judicial matter without notice to or argument from
the other party). Or it could involve ownership of property in the vicinity, business dealings
with the proponents or opponents before or after the hearing, business dealings of the
Councilmember's employer with the proponents or opponents, announced predisposition, and
the like. Prior to any quasi-judicial hearing, each Councilmember should give consideration to
whether a potential violation of the Appearance of Fairness Doctrine exists. If the answer is in
the affirmative, no matter how remote, the Councilmember should disclose such fact to the City
Attorney.
Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of
a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis
for disqualification is made known, or reasonably should have been made known, prior to the
issuance of the decision. Upon failure to do so, the Doctrine may not be relied upon to
invalidate the decision. The party seeking to disqualify the Councilmember shall state, with
specificity, the basis for disqualification.
In the case of the Council sitting as a quasi-judicial body, the Presiding Officer shall have
authority to request a Councilmember to excuse him/herself on the basis of an Appearance of
Fairness violation. Further, if two Councilmembers believe that an Appearance of Fairness
violation exists, such individuals may move to request a Councilmember to excuse him/herself
on the basis of an Appearance of Fairness violation. In arriving at this decision, the Presiding
Officer or other Councilmembers shall give due regard to the opinion of the City Attorney.
8.14.3 Avoid Ex Parte Communications with Quasi -Judicial Parties
During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex
parte communications with proponents or opponents about a proposal involved in the pending
proceeding, unless the Councilmember: (1) places on the record the substance of such oral or
written communications concerning the decision or action; and (2) provided that a public
announcement of the content of the communication and of the parties' right to rebut the
substance of the communication shall be made at each hearing where action is taken or
considered on the subject. Under RCW 42.36.060(?), this does not prohibit correspondence
between a citizen and his or her elected official, if the correspondence is made a part of the
record, when it pertains to the subject matter of a quasi-judicial proceeding.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 38
Article 9: USE OFTHIS MANUAL AND ITS RULES
9.1 Purpose
This manual, and its governance policies and rules of procedure, are designed to provide guidance for
the Council and City Administration. They are not to be considered restrictions or expansions of
Council authority. These rules have been prepared from review of many statutes, ordinances, court
cases and other sources but they are not intended to be an amendment or substitute for those statutes,
ordinances, court decisions or other authority.
9.2 Use of Rules by Council
No action taken by a Councilmember or by the Council which is not in compliance with these rules,
but which is otherwise lawful, shall invalidate such Councilmember's or Council action or be deemed
a violation of oath of office, misfeasance or malfeasance. No authority other than the Council may
enforce these rules or rely on these rules. References to other documents or laws included herein do not
signify the intent to incorporate such documents in their entirety. Failure of the Council to follow any
of these rules shall be considered a Council decision to waive such rule. No notice of such waiver
need be given.
9.3 Public Use or Reliance Not Intended
Because these rules are designed to assist the Council and not to provide substantive rules affecting
constituents, it is expressly stated that these rules do not constitute land use regulations, official
controls, "appearance of fairness rules", public hearing rules or other substantive rules binding upon or
to be used by or relied upon by members of the public. These rules do not amend statutory or other
regulatory (such as ordinance) requirements.
9.4 Amendments or Suspension of Portions of this Manual
Amendments of all or any part of these rules may be made by resolution or temporarily suspended by
motion until changed, provided there is no conflict with any superior statute.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 39
EXHIBIT A: SIMPLIFIED SUMMARY OF PARLIAMENTARY PROCEDURE
Motion "To Approve "Robert's Rules of Order — Newly Revised in Brief' as the definitive guidance
parliamentary procedure for any Council meeting at which Robert's Rules are applicable, and to
approve the following "...At a Glance" summary as a simplified reference tool for Exhibit A of the
City Governance Manual.
PARLIAMENTARY PROCEDURE AT A GLANCE
To do this: You say this: May you Must be Is motion Vote required
interrupt seconded? debatable?
speaker?
Introduce business "I move that..." NO YES YES MAJORITY
Amend a motion
"I move to amend this motion"
NO
YES
YES
MAJORITY
Request information
"Point of information"
YES
NO
NO
NO VOTE
Suspend further discussion
"I move we table it"(until when?)
NO
YES
NO
MAJORITY
End debate
"I move the previous question ..."
NO
YES
NO
MAJORITY
Postpone discussion
"I move we postpone this matter
NO
YES
YES
MAJORITY
until ..."(when?)
Have something further studied
"I move we refer ..."
NO
YES
YES
MAJORITY
by a committee
Ask for a vote count to verify a
"I call for a division of the house"
NO
NO
NO
NO VOTE
voice vote
Object to considering some
"I object to consideration"
YES
NO
NO
MAJORITY
matter
Take up a matter previously
"I move to take from the table ..."
NO
YES
NO
MAJORITY
tabled
Reconsider something already
"I move we reconsider action on
YES
YES
YES
MAJORITY
disposed of
..." (time -date?)
Consider something in
"I move we suspend the rules and
NO
YES
NO
MAJORITY
unscheduled order
»
...
Vote on a ruling by the chair
"I appeal the chair's decision"
YES
YES
YES
MAJORITY
Object to procedure or personal
"Point of order"
YES
NO
NO
NO VOTE
affront --chair decides
Complain about noise, room
"Point of privilege"
YES
NO
NO
NO VOTE
temperature, etc.
Recess the meeting
"I move that we recess until..."
NO
YES
NO
MAJORITY
Adjourn the meeting
"I move that we adjourn"
NO
YES
NO
MAJORITY
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 40
EXHIBIT B: CURRENT LIST OF CITIZEN COMMITTEES, COMMISSIONS AND BOARDS
This Exhibit was adopted by Council Motion as follows: "The Council hereby approves the summary
of ongoing Citizen committees, commissions and boards that are recognized by the City as of March
2010, and directs that such summary be incorporated as an Exhibit to the Governance Manual."
Lend:
RCW: Required by state statute (Revised Code of Washington)
Ord: Required by City ordinance.
Res: Required by Council resolution.
Hyperlink: Further information about the following committees, commissions and boards can be
found on the City website here.
■ Civil Service Commission: 3 members; City Manager is liaison; administers Police Department
advancements, demotions, suspensions, discharges and employment. (RCW)
■ Community Forestry Commission: 9 members; Planning Director is liaison; addresses
strengthening policies for tree protection and management, provides advice and guidance in
integrating forest protection measures. (Res)
■ Design Review Board: 7 members; Planning Director is liaison; advises on commercial / mixed-
use land use applications, makes recommendations based on design guidelines. (Ord)
■ Environmental Technical Advisory Committee: 7-9 members; Planning Director is liaison;
provides technical and scientific advice on environmental management issues and projects. (Res)
■ Ethics Board: 5 members; City Attorney is liaison; promotes understanding of ethical standards
for elected officials, and for major contractors working with City. (Ord/Res)
■ Harbor Commission: 7 members; Harbormaster is liaison; develops and implements harbor
management rules and regulations, governs all harbors and waters as authorized. (Ord)
■ Historic Preservation Commission: 7 members; Planning Director is liaison; provides technical
advice on historic preservation to property owners, reviews applications to National Historic
register.
■ Housing Trust Fund Executive Committee: 5 members; Planning Director is liaison;
encourages development of moderate and low income housing, provides funding for income
groups not served by other sources. (Ord/Res)
■ Lodging Tax Advisory Committee: 5 members — four from the community plus a
Councilmember as chair; reviews proposals for contracts for tourism promotion or tourism
facilities, funded by the lodging tax. (RCW)
■ Non -Motorized Transportation Advisory Committee: 9 members; Public Works director is
liaison; advocates for non -motorized transportation facilities, including funding and
promotional/educational programs.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 41
■ Open Space Commission: 7 members; City Manager is liaison; recommends program and
process for acquiring/preserving forested areas, open space, wildlife habitat, farms and
agricultural lands.
■ Planning Commission: 7 members; Planning Director is staff liaison; reviews applications for
amendments to comprehensive plan, official zoning map and official zoning ordinance and other
land use and city planning matters. (RCW)
■ Road Ends Committee: 7 members; Planning Director is liaison; researches, recommends and
implements use and development of street ends leading to water. (Res)
■ Salary Commission: 7 members; City Manager is liaison; reviews and recommends elected
officials salaries. (Ord)
■ Utility Advisory Committee: 7 members plus Councilmember(s) ex officio; Finance Director is
principle support staff; advise on issues related to the City's three utilities (water, sewer,
stormwater). (Ord)
The committees, commissions and boards listed above shall be subject to the following general
guidelines, except to the extent stated to the contrary in the applicable resolution or ordinance.
(a) Meetings
Committee meetings (when held) must be open to the public, including the media, unless
discussing matters which would quay for an executive session (under the state law defining
eligible executive session issues that apply to the Council).
(b) Council Liaison to Citizen Committees, Commissions and Boards
Liaisons shall be appointed by the Mayor and confirmed by the Council for specific purposes
and for a time certain (normally a term of one calendar year, which may repeat if Council so
determines). Liaisons may attend assigned citizen group meetings and report to the Council on
matters of public concern.
(c) Liaison Procedures
Individual members of the Council may be assigned as liaisons whose duties involve keeping
current with a group or activity by either attending meetings or conferring with members, and
keeping Council informed. Liaisons may advocate Council actions on behalf of their assigned
group or activity. Calve must be taken to avoid an Appearance ofFairness Doctrine violation,
or conflict of interest possibilities (i. e.: in the unusual case of a quasi-judicial proceeding).
Liaisons' functions and duties may be further defined and/or directed by the Mayor or Mayor
Pro Tem with concurrence of Council.
(d) Appointment
Except as otherwise provided by City ordinance or resolution, members of citizen committees,
commissions and boards shall be appointed by the Mayor and approved by Council.
(e) Publication on Website
It shall be City policy to disclose names and terms of citizen boards, committees and
commissions on the City website, with a description of the role and functioning of the body.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 42
EXHIBIT C: ILLUSTRATION OF SCALABLE PUBLIC PROCESS PLANNING SYSTEM
This Exhibit was adopted by Council Motion as follows: "I move that the City Council approve the
following illustrations of the Scalable Public Process Planning System, in accordance with the
procedures set forth in article 2.1.9 of the City of Bainbridge Island Governance Manual."
Scalable Public Process Planning System
Getting the right people in the right place at the right time making the right decisions
to keep the residents of Bainbridge Island well-informed and engaged
Level of Public Who and How Sample Outreach Activities/Tools
Interest/Impact
Straightforward issue
• Information only
• Low controversy
• One-time event
• Staff "expert"
• Communications
Coordinator
➢ A few emails
Information (2.4.6)
• Press release
• Calendar announcement
More complex issue
Ad Hoc Committee (2.1.3,
Small-scale campaign
2.1.9)
• Multiple public
may include above, plus:
"touches"
• Director/designee
• Display ad
• Public input helpful
• Staff "expert"
• ListSery notification
• Low controversy
• Communications
• FAQ
• Longer term impact
Coordinator
• Presentations to Key Influencers
(ie., Rotary, Men's Oatmeal, 2.4.3)
➢ One or more meetings
Complex, and/or controversial
Small Task Force (2.1.7, 2.1.9)
Longer, more complex strategy
issue
• Lasting policy and/or
• City Council liaison
may include above, plus:
land use impacts
• City Manager/designee
• Multiple press releases/
• High interest for
• Director/designee
announcements
multiple community
• Staff "experts"
• Targeted outreach to potential
elements
• Communications
stakeholders
• Public input desired
Coordinator
• Stakeholder meetings (2.4.3)
• Longer process
• Neighborhood meetings (2.4.5)
➢ Multiple meetings
• One or more public forums (2.4.4)
• Built-in, iterative feedback loop to
evaluate results and alter course as
needed
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 43
Extremely complex, significant
Public Process Steering Group
Large-scale, long-term PR campaign
and/or controversial issue
(2.1.69 2.1.9)
may include above, plus:
• Lasting policy and/or
• City Council liaison
• Strategic use of multiple public
land use impacts
• City Manager/designee
engagement tools like field trips,
• Engage broad range of
• Director/designee
informational presentations, focus
community interests
• Staff "experts"
groups, visioning exercises, etc.
• Significant public input
• Communications
• Clear, distinct milestones and
required
Coordinator
decision-point(s).
• Long process
• Citizen(s)
• Built-in, iterative feedback loop to
evaluate results and alter course as
needed
A series of meetings
over months or years
* Note that outreach is an art, not a science; the committee composition and tools shown are NOT PRESCRIPTIVE, but
are examples of the approaches, tools and strategies that might be appropriate for public process planning at various
levels of Public Interest/Impact. The Public Participation handbook provides an overview of potential tools, selection
guidelines and implementation procedures.
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 44
SAMPLE ORDER OF BUSINESS
This Supplementary Policy was adopted by Council Motion as follows: "I move that the City Council approve
the following sample order of business for Council business meetings in accordance with the procedures set
forth in articles 7.1 and 8.8 of the City of Bainbridge Island Governance Manual. Such "Sample Order of
Business" shall serve as a guideline."
Business Meetings of the Council shall be conducted as follows: provided, however, that the Presiding Officer
may, during a Council meeting, rearrange items on the agenda to conduct the business before the Council more
expeditiously (article 8.8).
Announce Executive Session (if applicable)
Brief Summary Reports (if applicable)
Presiding Officer's Report
Chair Reports
City Manager's Report
Call to Order by the Presiding Officer (7:00 PM)
Pledge of Allegiance
Roll Call
Acceptance or Modification of Agenda / Conflict of Interest Disclosure
Public Comment (20 minutes)
Public Hearing (if any)
Consent Agenda
Ordinances (1St/2"a Reading)
Resolutions
Unfinished Business
New Business
Emerging Issues/ls` touches
Adjournment
Approved March 24, 2010 City Clerk Certification '
City of Bainbridge Island Manual of City Governance —Adopted 3/10/2010 Page 45