Chapter 2.04 CITY COUNCIL

The Prosser city council hereby establishes the following rules for the conduct of council meetings, proceedings and business. These rules shall be in effect upon adoption by ordinance duly passed by the city council and until such time as they are amended or new rules are adopted in the manner provided by these rules. (Ord. 3111 § 2(1), 2020).

2.04.020 Council meetings.

A. Except as otherwise provided by law, in accordance with RCW 35A.12.110, all meetings of the city council shall be open to the public. The city clerk, or his or her designee, shall be responsible for preparing agendas for all city council meetings. The city clerk shall prepare meeting minutes of all of the council meetings containing an accurate account of all official actions taken by the council. Council meetings shall be electronically recorded and retained for the period of time as provided by state law.

1. Regular Meetings. Regular meetings of the city council shall be held on the second and fourth Tuesdays of every month in the City Hall Council Chambers and shall begin at seven p.m. The regular meeting location may be changed as needed by the presiding officer in accordance with the Open Public Meetings Act (OPMA). Regular meetings shall be subject to the following:

A quorum of four or more council members is required for the transaction of business pursuant to RCW 35A.12.120.

In the event that a regular scheduled council meeting falls on a legal holiday, the meeting shall be cancelled or rescheduled.

The mayor is the presiding officer over all council meetings. The mayor pro tem, who is elected by the governing body, shall act as the presiding officer in the mayor’s absence.

2. Work Sessions. Work sessions of the city council shall be held on the first Tuesdays of every month in the City Hall Council Chambers and shall begin at seven p.m. The work session location may be changed as needed by presiding officer in accordance with the Open Public Meetings Act (OPMA). Work sessions shall be subject to the following:

A quorum of four or more council members is required for the transaction of business as provided for in RCW 35A.12.120.

In the event that a regularly scheduled work session meeting falls on a legal holiday, the meeting shall be cancelled or rescheduled.

3. Special Meetings. Special meetings of the city council may be called by the mayor or the mayor pro tem at least twenty-four hours before the time specified for the proposed meeting. Provided, however, that no ordinance or resolution shall be passed, or contract entered into or bill for payment of money allowed, unless public notice of such meeting has been given to the local media and public in accordance with the Open Public Meetings Act (OPMA). Unless otherwise specified, special meetings shall take place in the City Hall Council Chambers and shall begin at seven p.m. Notice of special meetings shall be displayed in accordance with RCW 42.30.080.

4. Emergency Meetings. Emergency meetings may be called by the mayor, in accordance with RCW 42.30.070, when by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by the city council to meet the emergency, in which case the meeting site notice requirements otherwise applicable shall not apply. Emergency meetings shall comply with RCW 42.30.230.

5. Executive Sessions. In accordance with RCW 42.30.110, executive sessions may be held during regular and special meetings of the city council and will be announced by the presiding officer. Executive session subjects are limited to considering such matters as permitted by state law. The session is closed except to the council, the mayor, city attorney, staff members and/or consultants authorized by the mayor. The public is restricted from attendance. The announced purpose for excluding the public shall be entered into the minutes for the meeting.

6. Cancelled Meetings. Meetings may be cancelled by the mayor or mayor pro tem. In the absence of either presiding officer, a meeting may be cancelled by a majority vote of the city council, and proper notice given by the city clerk.

7. Virtual Meeting Attendance. Members of the public and council members shall be allowed to attend any council meeting virtually. All meeting notices shall include links or a telephone number so that council members and the public may attend a council meeting virtually. The city clerk shall inform the mayor and city council the number of public participants online and the names of mayor and/or city council members attending virtually. The city clerk shall have the authority to make rules in order to implement this section. (Ord. 3261 § 1, 2024; Ord. 3184 § 1, 2022; Ord. 3175 § 1, 2022; Ord. 3111 § 2(2), 2020).

2.04.030 Order of business of regular council meeting agenda.

All items to be included on the council’s agenda for consideration should be submitted to the city clerk or designee, in full by twelve noon on the Wednesday preceding each council meeting. The city clerk shall then prepare an agenda according to the order of business and distribute it to council members as the official agenda for the meeting.

A. The agenda format of the regular city council meeting may be as follows:

1. Call to Order. The mayor shall call the meeting to order.

2. Pledge of Allegiance. The mayor, council members and, at times, invited guests will lead the Pledge of Allegiance.

3. Roll Call. The city clerk will call the roll. Mayor and council members may request to be excused from a meeting by request to the mayor or city clerk in advance of the meeting. The mayor and the city clerk are authorized to excuse a council member from attending a meeting of the council.

4. Approval of Agenda. Changes to the council’s published agenda are announced at this time and approved by a majority vote.

5. Audience Participation. Members of the audience may comment on items relating to any matter related to city business under the audience participation period. Comments are limited to three minutes per person. Groups who have a designated speaker may have a total of ten minutes to speak. Public comments sign-up forms will be available at the city clerk’s desk at each meeting for use of those citizens wishing to address the council. The city clerk shall serve as timekeeper. The presiding officer may make exceptions to the audience participation time restrictions when warranted, in the discretion of the presiding officer.

After recognition by the presiding officer, audience members may also speak on individual agenda items on the printed agenda at the time they are considered by the council as requested by the presiding officer.

6. Mayor and City Council Reports and Comments. The mayor and council members may report on their significant city-related topics, activities and/or appointed boards or committee meetings he/she attended, since the last regular meeting. The mayor and council members shall limit their reports to not more than three minutes, with sensitivity to avoiding duplicate reporting. Topics do not include current city council agenda items but may include possible future city council agenda items.

The presiding officer may read aloud any proclamations. A “proclamation” is defined as an official announcement made by the mayor or the city council regarding a noncontroversial event, activity or special interest group which has a major city-wide impact.

7. City Administrator Reports and Comments. The deputy city administrator may report on any significant city-related topics, activities and/or appointed boards or committee meetings he/she attended, since the last regular meeting. Any quarterly partner updates may occur under the city administrator report.

8. Appointments. Appointing individuals to various committees, boards and commissions. Confirmation of appointments, where confirmation is called for, may be preceded by discussion in executive session, where appropriate. Mayor is responsible for appointing council members to city-represented boards and committees by selection and council confirmation.

9. Consent Agenda. Approval of the consent agenda, including items considered to be routine and noncontroversial, may be approved by one motion. Items on the consent agenda may include but are not limited to the following. Any council member may remove any item from the consent agenda for separate discussion and action during the “approval of agenda” section of the agenda.

a. Approval of minutes.

b. Fixing dates for public hearings and appeals.

c. Approval of claims and vouchers, bid awards and contracts.

d. Other items designated by the city council.

10. Public Hearings and Appeals. Individuals may comment on public hearing and appeal items; provided, that when an appeal is a closed record appeal, the matter shall be considered based on information, evidence and documents in the record. Argument on the appeal shall refer only to matters, information, documents and evidence presented at the underlying hearing from which the appeal is taken, and no new information, evidence or documents may be added, and argument on the appeal may only deal with information, evidence and documents in the record. The presiding officer will state the public hearing and/or appeal procedures before each hearing.

11. Action Items. Business items to include ordinances, resolutions, interlocal agreements, contracts or any other item that require council action will be considered.

12. Ordinances. Prior to any ordinance being considered for adoption by the city council, the ordinance shall be included on a work session agenda, or previously reviewed and discussed, for consideration of action. Provided, however, that if the mayor believes that special, emergency or exigent circumstances exist regarding the need to consider adoption of an ordinance without the ordinance having been placed on a work session agenda, the mayor may place the ordinance on a regular or special city council meeting agenda with a request that the city council consider it for adoption.

Discussion and debate by the city council on ordinances will be held prior to the vote on an ordinance. Council members shall decide whether or not to amend the ordinance, or direct staff to further review the proposed ordinance.

An ordinance shall be adopted by a majority vote of the city council, shall require the affirmative vote of at least a majority of the whole membership of the council; and provided, that public emergency ordinances require a vote of a majority plus one of the whole council membership. A public emergency ordinance is one designated to protect public health and safety, public property, or public peace.

13. Resolutions. Discussion and debate by the city council on resolutions will be held prior to the vote on a resolution. Council members shall decide whether or not to amend the resolution, or direct staff to further review the proposed resolution.

A resolution shall be passed by a majority vote of a quorum of the council; provided, that passage of any resolution for the payment of money or that grants or revokes a franchise or license shall require the affirmative vote of at least a majority of the whole membership of the council.

14. Discussion Items. Topics that are scheduled for conversation and deliberation. Unlike council action items, which require a vote or decision, discussion items are meant for council members to share information, ask questions, and engage in dialogue about specific issues, policies, or proposals. These items allow for input from council members, staff and sometimes the public, providing a platform to explore various viewpoints before any potential actions are taken in the future.

15. Executive Sessions. Executive sessions are a portion of a council meeting that is closed to the public. This session is used to discuss sensitive matters, such as personnel issues, legal matters, real estate transactions, or other topics that require confidentiality. Under the Washington Open Public Meetings Act (OPMA), executive sessions are allowed for specific purposes, and the presiding officer must announce the reason for the executive session and the expected duration before closing the meeting. No action as defined in the OPMA shall be taken in executive session.

16. Add-On Items. “Add-on items” refer to agenda items that are added to the meeting’s agenda after it has been initially published or distributed. This typically occurs when an issue arises that requires immediate attention or when new information becomes available. To include an add-on item, the council must follow specific procedures, such as obtaining a majority vote to amend the agenda during the “approval of agenda” section of the agenda. This ensures that council members and the public are informed about any last-minute changes and have the opportunity to address them if needed.

17. Adjournment.

B. Recess. The foregoing agenda may be interrupted for a stated time as called by the presiding officer to recess for any reason, including executive sessions.

C. Amendment to Agenda. The sequence of handling items on the agenda of a particular regular council meeting may be amended from order listed on the printed/approved agenda as follows:

1. Adjustment of agenda may be done by the mayor. If the mayor, as the presiding official, determines that an item on the agenda of a regular council meeting or work session should be taken out of order—considered at a different order or placement in the agenda to accommodate members of the city council or others at the council meeting—the mayor may call for the amendment of the agenda to accomplish such adjustment. Such action by the mayor requires a motion or vote by the city council; provided, that if the city council does not wish to have the item moved as directed by the mayor, the city council may, by motion duly made, seconded and approved by a majority of council members in attendance at the meeting, keep the agenda unchanged.

D. An order of adjournment is required when a council meeting is adjourned to a specific future date. A copy of the order of adjournment shall be posted on the door of the meeting location unless the meeting was held virtually. (Ord. 3261 § 2, 2024; Ord. 3184 § 2, 2022; Ord. 3111 § 2(3), 2020).

2.04.040 Council member attendance at meetings.

A. Council members shall attend regular council meetings and work sessions either in person or virtually. Council members shall inform the mayor and/or the city clerk if they are unable to attend any regular council meeting or work session, or if they knowingly will be late to any such meetings, or unable to stay for the entire meeting. If a council member has informed the mayor and/or city clerk that he or she is unable to attend such meeting, the mayor or city clerk may grant an excused absence to that member, in their sole discretion, and the minutes for that meeting will show the council member as having an excused absence for that meeting. Per RCW 35A.12.060, a council position shall become vacant if the council member fails to attend three consecutive regular meetings of the council without being excused.

Council members are expected to attend the meetings of the council committees to which they are appointed either in person or virtually. Council members should inform the committee chair or the city clerk if they are unable to attend any committee meetings, and should inform the chair or city clerk if they expect to be late to any such council committee meeting or unable to stay for the entire meeting. If a council member has informed the chair or city clerk that he or she is unable to attend such committee meeting, the minutes for that meeting, if minutes are required and/or taken, shall show the council member as having an excused absence for that meeting.

Council members shall attend the special meetings of the city council either in person or virtually. Council members shall inform the mayor and/or the city clerk if they are unable to attend any such meetings, or shall so inform the mayor and/or city clerk if they expect to be late to any such special meeting or unable to stay for the entire meeting. If a council member has informed the mayor and/or city clerk that he or she is unable to attend such special meeting, the minutes for that meeting shall show the council member as having an excused absence for that meeting.

B. Attendance at council committee meetings and special meetings will not be considered “regular meetings” for the purposes of RCW 35A.12.060, applicable to regular city council meetings. However, in addition to the application of RCW 35A.12.060 to regular city council meetings, unexcused absences from any regular or special meetings, or committee meetings, shall constitute a violation of these rules of procedure.

C. At all meetings of the city council, including but not limited to regular meetings, work sessions and committee meetings, council members shall refrain from use of cell phones or other personal communication devices, and shall not send or receive and read emails, text messages, or any other social media postings. Council members shall also refrain from side conversations with other individual council members. Council members shall also refrain from inappropriate or derogatory body language or any other actions that detract from the professionalism of the city council. (Ord. 3184 § 3, 2022; Ord. 3111 § 2(4), 2020).

2.04.050 Presiding officer duties.

A. Conduct of Meetings. The presiding officer at all regular meetings of the council shall be the mayor and in the absence of the mayor, the mayor pro tem will act in that capacity. If both the mayor and mayor pro tem are absent and a quorum is present, the council shall elect one of its members to serve as the presiding officer until the return of the mayor or mayor pro tem.

B. The Presiding Officer Responsibilities.

1. Shall preserve order and decorum at all meetings of the council and shall remove any person in the audience who disrupts the meeting after having been warned to cease the disruptive behavior.

2. Shall observe and enforce all rules adopted by the council.

3. Shall decide all questions on order, in accordance with these rules, subject to appeal by any council member.

4. Shall recognize council members in the order in which they request the floor, giving every council member who wishes an opportunity to speak; provided, that the mover of a motion shall be permitted to debate it first, and provided that the presiding officer may also allow discussion of an issue prior to the stating of a motion when such discussion would facilitate wording of a motion.

5. May affix approximate time limits for each agenda item.

2.04.060 Council members.

A. Remarks. Council members desiring to speak shall address the presiding officer, and when recognized, shall refrain from comments outside of the question under discussion.

B. Questioning. Any member of the council, including the mayor, shall have the right to question any individual, including members of the staff, on matters germane to the issue properly before the council for discussion. Under no circumstances shall such questioning be conducted in a manner to the extent that such would constitute an attempt to ridicule or degrade the individual.

C. Obligation to the Public Agency. Notwithstanding the right of council members to express their independent opinions and exercise their freedom of speech, council members should act in a way that reflects positively on the reputation of the city and of the community. Council members shall also interact with other members of the city council and city staff in ways that promote effective local government.

D. Council Training. Council members are expected to participate in training offered by individuals, agencies, entities and organizations including but not limited to the Association of Washington Cities and the state of Washington, so as to afford the council members the opportunity to better understand their roles as city council members. Training opportunities will be preapproved during the budget process.

E. Participation in Committees, Agencies and Organizations. To better represent the interests of the city of Prosser, council members are encouraged to participate in assignments to local, regional, state and national committees, agencies and organizations. (Ord. 3111 § 2(6), 2020).

2.04.070 Debates.

A. Speaking to the Motion. No member of the council, including the presiding officer, shall speak more than twice on the same motion except by consent of the presiding officer or a majority of the council members present at the time the motion is before the council.

B. Interruption. No member of the council, including the presiding officer, shall interrupt or argue with any other member while such member has the floor, other than the presiding officer’s duty to preserve order during meetings as provided in Section 2.04.050(B)(1).

C. Courtesy. All speakers, including members of the council, which includes the presiding officer, in the discussion, comments, or debate of any matter or issue shall address their remarks to the presiding officer, be courteous, and shall not engage in or discuss or comment on personalities, or indulge in derogatory remarks or insinuations in respect to any other member of the council, or any member of the staff, or the public, but shall at all times confine their remarks to those facts which are germane and relevant to the question or matter under discussion.

D. Transgression. If a member of the council shall violate these rules on debates, the presiding officer shall call such member to order, in which case such member shall be silent except to explain or continue in order. If the presiding officer shall violate these rules on debate or fail to call such member to order, any other member of the council may, under a point of order, call the presiding officer, or such other member, to order, in which case the presiding officer or such member, as the case may be, shall be silent except to explain or continue in order.

E. Challenge to Ruling. Any member of the council shall have the right to challenge any action or ruling of the presiding officer, in which case the decision of the majority of the members of the council present shall govern. (Ord. 3111 § 2(7), 2020).

2.04.080 Procedures and motions.

A. If a motion does not receive a second, it dies. A second is not needed for matters that do not constitute a motion, including, but not limited to, nominations, withdrawal of motion by the person making the motion, request for a roll call vote, and point of order.

B. Motions that receive a tie vote are deemed to have failed. When allowed by law, the mayor shall be allowed to vote to break a tie vote.

C. When making motions, council members shall be clear and concise and not include arguments for the motion within the motion.

D. After a motion has been made and seconded, the council members may discuss their opinions on the issue prior to the vote.

E. If any council member wishes to abstain from a vote on the motion pursuant to the provisions of Section 2.04.090, that council member shall so advise the city council, and shall abstain himself/herself from the deliberations and considerations of the motion, and shall have no further participation in the matter. Such advice shall be given prior to any discussion or participation on the subject matter or as soon thereafter as the council member perceives a need to abstain; provided, that, prior to the time that a council member gives advice of an intent to abstain from an issue, the council member shall confer with the city attorney to determine if the basis for the council member’s intended abstention conforms to the requirements of Section 2.04.090. If the intended abstention can be anticipated in advance, the conference with the city attorney should occur prior to the meeting at which the subject matter would be coming before the city council. If that cannot be done, the council member should advise the city council that he/she has an “abstention question” that he/she would want to review with the city attorney, in which case, a brief recess would be afforded the council member for that purpose.

F. A motion to table is nondebatable and shall preclude all amendments or debates of the issue under consideration. A motion to table is to be used in instances where circumstances or situations arise which require the interruption of the council members’ consideration of the matter before them. If a motion to table is passed, then the matter shall be tabled until the interrupting circumstances or situations have been resolved, or until a certain time has been specified for reconsideration at a future regular or special city council meeting.

G. A motion on the floor may be amended by a motion inserting, adding, striking out, or substituting the motion.

H. Motions that cannot be amended include: motion to adjourn, lay on the table (table), roll call vote, point of order, and reconsideration.

I. Amendments can be voted on first, then the main motion as amended can be considered (if the amendment received an affirmative vote).

J. The presiding officer, city attorney or city clerk should repeat the motion prior to voting.

K. The city clerk will take a roll call vote, if requested by the presiding officer, a council member, or as required by law.

L. The city attorney or city clerk shall act as the council’s parliamentarian and shall decide all questions of interpretations of these rules which may arise at a council meeting.

M. These rules may be suspended, amended, or new rules adopted, by a majority vote of the full council. (Ord. 3111 § 2(8), 2020).

2.04.090 Voting.

A. Voice Vote. A generalized verbal indication by the council as a whole of “yea or nay” vote on a matter, the outcome of which vote shall be recorded in the official minutes of the council. Silence of a council member during a voice vote shall be recorded as a vote with the prevailing side, except where such a council member abstains because of a stated conflict of interest or appearance of fairness.

B. Roll Call Vote. A roll call vote may be requested by the presiding officer, by the city clerk, or by any council member.

C. Abstentions. It is the responsibility of each council member to vote when requested on a matter before the full council. A council member may abstain from discussion and voting on a question because of a stated conflict of interest or appearance of fairness violation.

D. Votes by Mayor. Except where prohibited by law, the mayor, as presiding official, shall be allowed to vote to break a tie vote. (Ord. 3261 § 4, 2024; Ord. 3111 § 2(9), 2020).

2.04.100 Comments, concerns and testimony to council.

A. Persons addressing the council, who are not specifically scheduled on the agenda, will be requested to step up to the podium, give their name and address for the record, and limit their remarks to three minutes, in addition to filling out the speaker sign-in sheet available at the city clerk’s desk. All remarks will be addressed to the council as a whole. The city clerk shall serve as timekeeper. The presiding officer may make exceptions to the time restrictions of persons addressing the council when warranted, at the discretion of the presiding officer.

B. Any person making personal, impertinent or slanderous remarks while addressing the council shall be barred from further audience participation by the presiding officer. (Ord. 3111 § 2(10), 2020).

2.04.110 Public hearings and appeals.

A. Quasi-judicial hearings require a decision be made by the council using a certain process, which may include a record of evidence considered and specific findings made. Except for closed record decision hearings and appeals, the following procedure shall apply:

1. The department director presenting the subject matter of the hearing, or said director’s designee, will present the city’s recommendation and proposed findings. Staff may respond to council questions.

2. The proponent shall testify first and be allowed ten minutes. Council may ask questions.

3. Other persons who wish to testify shall each be allowed five minutes and council may ask questions.

4. The proponent shall then be allowed five minutes for rebuttal.

5. The city clerk shall serve as timekeeper during these hearings.

6. After the time for testimony has expired, council may ask further questions of the speakers, who shall be entitled to respond but limit their response to the question asked.

B. Closed record decision hearings and appeals, the following procedure shall apply:

1. The hearing shall be on the record before the city council, and no new evidence may be presented.

2. If any person desires to provide appellate argument, that person shall be allotted five minutes.

3. The city clerk shall serve as timekeeper during these hearings.

C. Public hearings where a general audience is in attendance to present arguments for or against a public issue:

1. The department director or designee shall present the issue to the council and respond to questions.

2. A person may speak for three minutes. No one may speak for a second time until everyone who wishes to speak has had an opportunity to speak. The presiding officer may make exceptions to the time restrictions of persons speaking at a public hearing when warranted, in the discretion of the presiding officer.

3. The city clerk shall serve as timekeeper during these hearings.

4. After the speaker has used their allotted time, council may ask questions of the speaker and the speaker may respond, but may not engage in further debate.

5. The hearing will then be closed to public participation and open for discussion among council members.

6. The presiding officer may exercise changes in the procedures at a particular meeting or hearing, but the decision to do so may be overruled by a majority vote of the council. (Ord. 3111 § 2(11), 2020).

2.04.120 Mayor pro tempore selection process.

A. Biannually at the first meeting of a new council, or periodically as needed, the members of the city council, by majority vote, shall designate one of their members as mayor pro tem for a two-year time period, except as provided in subsections (A)(7) and (8) of this section.

1. Any member of the city council may be nominated for the position of mayor pro tem by having that council member’s name placed in nomination by a council member. The nomination of a council member for the position of mayor pro tem does not require a second, and a council member may nominate him or herself.

a. In connection with the selection of mayor pro tem, it is strongly suggested that council members approach the election in an open, transparent and respectful manner.

2. The council member receiving a majority of the votes cast by the members of the city council shall be elected mayor pro tem. A council member may vote for him or herself.

3. The names of all nominees for the position of mayor pro tem shall be included in the vote.

4. If no single council member receives a majority of the votes cast, a second vote/ballot, between the two nominees who received the largest number of votes shall occur. In the second vote/ballot, whoever of these two nominees received the larger number of votes shall be elected to the position of mayor pro tem.

5. The mayor pro tem shall serve at the pleasure of the council.

6. In the event of the absence or unavailability of the mayor and mayor pro tem, the longest serving member of the city council, other than the mayor pro tem, shall serve as interim mayor pro tem until the return of the regular mayor or mayor pro tem.

7. If the designated mayor pro tem is unable to serve the full term of the position of mayor pro tem, the council shall designate the next senior member of the city council as mayor pro tem for the remainder of the term. If the appointment is declined the process shall continue until a mayor pro tem is designated.

8. In the event that the council member selected as mayor pro tem is unable to perform the duties of the position of mayor pro tem, or fails to act in accordance with the city council rules of procedure, the city council may, by a majority vote of the full city council, remove the mayor pro tem from this position, in which case, the next senior council member shall assume the position of mayor pro tem until a replacement is elected at the next regular city council meeting. If the next senior council member is unwilling or unable to assume the position of mayor pro tem, the position of mayor pro tem shall be filled by a majority vote of the full city council.

B. The mayor pro tem shall perform the following duties:

1. Preside over regular meetings of the city council in the absence or unavailability of the mayor;

2. In the event of the prolonged absence or incapacitation (a state of disability that prohibits the function of duties) of the mayor, the mayor pro tem shall perform the duties of the mayor.

a. A prolonged absence is defined as requiring a leave of absence that prohibits the performance of the duties of the office. Vacation leave for periods up to two weeks, illnesses requiring an absence of less than two weeks, out of state or out of country travel lasting not more than two weeks, or other similar short-term absences shall not be considered prolonged absences;

b. In the event of a disaster, emergency, or other similar circumstance, where the mayor is out of town and unable to carry out the duties of the office of mayor, the mayor pro tem, in consultation with the mayor, shall act as mayor until the return and availability of the mayor;

3. The mayor pro tem shall also stand in on behalf of the mayor in other situations as requested by the mayor;

4. In the performance of the duties of the mayor, the mayor pro tem shall not have authority to appoint, remove, replace, discipline or take other similar action on any director or employee of the city. The mayor pro tem shall not have veto authority for actions that may be taken by the city council;

5. The mayor pro tem shall be aware of city, regional and intergovernmental policies and activities in order to properly execute the role of mayor. (Ord. 3111 § 2(12), 2020).

2.04.130 Council position vacancy or absence.

A. Vacancies in city council positions shall be filled in accordance with RCW 42.12.070. Generally, in the event that an unexpired council position becomes vacant, the city council has ninety days from the occurrence of the vacancy to appoint, by majority vote of a quorum of the council, a qualified person to fill the vacancy pursuant to state law. The council may make such appointment at its next regular meeting, or at a special meeting called for that purpose.

B. In the event of extended excused absences or disability of a council member, the remaining members by majority vote may appoint a council member pro tem to serve during the absence or disability. (Ord. 3111 § 2(13), 2020).

2.04.140 Council meeting staffing.

A. Department directors or designees shall attend all meetings of the council unless excused.

B. The city attorney may attend all meetings of the council unless excused, and shall upon request give an opinion, either written or oral, on legal questions. The city attorney may act as the council’s parliamentarian. An acting city attorney may attend meetings when the city attorney has been excused. (Ord. 3111 § 2(14), 2020).

2.04.150 Council relations with staff.

A. There will be mutual courtesy and respect from both city staff and council members toward each other and of their respective roles and responsibilities.

B. City staff will acknowledge the council as policy makers, and the council members will acknowledge city staff as administering the council’s policies.

C. It is the intent of council that all pertinent information asked for by individual council members will be made available to the full council.

D. Individual council members shall not attempt to coerce or influence city staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications or the granting of city licenses or permits. Council members may, at the request of the mayor, participate in discussions and decisions related to these matters.

E. Other than through legislative action taken by the council as a whole, individual council members shall not interfere with the operating rules and practices of any city department.

F. No individual council member shall direct the mayor to initiate any action or prepare any report that is significant in nature or initiate any project or study without the consent of a majority of the council. This provision, however, does not prohibit individual council members from discussing issues with the mayor or making individual requests or suggestions to the mayor. The mayor shall endeavor to advise and update the council member(s) on the status or follow-up of such issues.

G. All council member requests for information, other than requests for legal advice from the city attorney’s office, shall be directed through the mayor in order to assign the task to the proper staff. (Ord. 3261 § 5, 2024; Ord. 3111 § 2(15), 2020).

2.04.160 Work sessions, committees and citizen advisory boards.

A. In addition to the regularly scheduled city council meetings (regular council meetings) scheduled on the second and fourth Tuesdays of the month, city council shall regularly schedule council work sessions on the first Tuesday of the month for review of matters that may come back before the city council at regular council meetings. Different than the format for regular council meetings (identified in Section 2.04.030), work sessions shall be less formal than regular council meetings and shall give the city council the opportunity to discuss and debate issues coming before it for action at regular council meetings. The format for these meetings shall be as follows:

B. Work sessions should conform to the following:

1. Call to Order. The mayor shall call the meeting to order.

2. Pledge of Allegiance. The mayor, council members and, at times, invited guests will lead the Pledge of Allegiance.

3. Roll Call. The city clerk will call the roll. Mayor and council members may request to be excused from a meeting by request to the mayor or city clerk in advance of the meeting.

4. Approval of Agenda. Changes to the council’s published agenda are announced at this time and approved by a majority vote.

5. Mayor and City Council Reports and Comments. The mayor shall provide any announcements, reports or presentations that need to be shared with the city council in advance of the agenda discussion items. After those announcements, reports or presentations, city council members may have questions or wish to discuss the issues at this time or request that they be put on a future work session agenda for further discussion.

Work sessions are an opportunity for the members of the city council to discuss among themselves issues coming before the city council. Work sessions do not include a place on the agenda for public audience participation. However, at the request of the presiding officer, individuals may be asked to give a report on topics appearing on the work session agenda.

6. City Administrator Reports and Comments. The deputy city administrator or his/her designee may provide an update to council regarding projects or follow-up discussion items.

7. Council Discussion. The mayor shall announce each of the various items that are on the agenda for council discussion, and, as warranted, request a preliminary report from staff or a consultant or other individual(s) involved in the issue. The mayor shall endeavor to call upon the members of the city council in the order of their requests to discuss the agenda item.

After such report(s), if any, the mayor shall open the floor for council discussion on the agenda items in their order on the agenda, unless a different order is approved by a majority of the council members present.

Council discussion shall be in conformity with the provisions of subsection (B)(7) of this section.

At the conclusion of the discussion, or at the point the council feels its questions have been answered and discussion vetted, the mayor shall move the attention of the council to the next discussion item on the agenda; provided, that if, after a lengthy discussion on a particular agenda item, the presiding officer concludes that discussion should be continued to a later date, the mayor may conclude discussion on that agenda item and schedule the matter for a later work session.

With the support of a consensus of council members, the mayor shall call for work session agenda items requiring formal council action to be included in agendas for upcoming regular council meetings.

8. Add-On Items. An “add-on item” refers to an agenda item that is added to the meeting’s agenda after it has been initially published or distributed. This typically occurs when an issue arises that requires immediate attention or when new information becomes available. To include an add-on item, the council must follow specific procedures, such as obtaining a majority vote to amend the agenda during the “Approval of Agenda” section of the agenda. This ensures that council members and the public are informed about any last-minute changes and have the opportunity to address them if needed.

9. Adjournment.

C. Meeting Times. Work sessions shall be scheduled as set forth in Section 2.04.020(A)(2).

D. Advisory boards, committees and commissions established by ordinance, consisting of citizens appointed pursuant to the establishing ordinance and serving in the capacity and for the purposes indicated in the ordinance, shall act as an advisory committee to the city council.

E. Unless otherwise expressly provided for an advisory committee of the city council, such committees shall not receive public testimony, shall not allow audience participation, and shall not hold public hearings in connection with or related to the agenda item being discussed by the committee. Unless otherwise expressly provided for such advisory committee, it is the intention of the city council that such advisory committees function informally and not in any way that takes action in lieu of or on behalf of the full city council. The purpose and function of such advisory committees shall be to review matters in advance of their consideration by the full city council, and perhaps record and make recommendations to the full city council. With that, it is the intention that these committees operate informally, without the need for compliance with the Open Public Meetings Act (Chapter 42.30 RCW). (Ord. 3261 § 6, 2024; Ord. 3111 § 2(16), 2020).

2.04.170 Council representation and internal communication.

A. If a council member meets with, attends a meeting or otherwise appears before individuals, another governmental agency, a community organization, or a private entity or organization, including individuals, agencies, or organizations with whom or with which the city has a business relationship, and makes statements directly or through all forms of the media to include social media, commenting on an issue that does or could affect the city, the council member shall state the majority position of the city council, if known, on such issue. Personal opinions and comments which differ from those of the council majority may be expressed if the council member clarifies that these statements do not represent the city council’s position, and the statements are those of the council member as a private citizen.

B. Additionally, before a council member discusses anything that does or could relate to city liability, the council member should talk to the city attorney or the deputy city administrator/city clerk, so that the council member would have a better understanding of what may be said or how the discussion should go to control or minimize the city’s liability risk and exposure.

C. Council members need to have other council member’s concurrence before representing another council member’s view or position with the media, another government agency or community organization.

D. Council members shall not knowingly communicate with an opposing party or with an opposing attorney in connection with any pending or threatened litigation in which the city is a party or in connection with any disputed claim involving the city without the prior approval of the city attorney, unless the council member is individually a party to the litigation or is involved in the disputed claim separate from the council member’s role as a city official.

E. Communication among council members shall conform to the following parameters:

Council members should be prepared to communicate about matters that are on upcoming council agendas at the public meetings. Except in connection with council members meeting informally, in committees not subject to the Open Public Meetings Act, to assure that communication on agenda items occurs to the greatest extent possible at the public meetings, and to avoid even the perception that email is being used in a way that could constitute a public meeting, e.g., successive communications on city council topics that involve a quorum of the council members:

1. Email communication to staff relating to city operations shall also include the mayor as a recipient/addressee.

2. Council members may email the mayor about city business without limitations or restrictions.

3. Council members shall not email other council members about such agenda items.

F. Internet and Electronic Resources/Equipment and Facility Use.

1. Policy. It is the policy of the city council that internet and electronic resources equipment use shall conform to and be consistent with the requirements of city of Prosser administrative policy (IT 001), “Information Technology,” adopted hereby and incorporated herein by this reference.

It is important to note that all letters, memoranda, and interactive computer communication involving city council members and members of advisory boards and commissions, the subject of which relates to the conduct of government or the performance of any governmental function, with exceptions stated by the Public Records Act (Chapter 42.56 RCW), are public records.

2. Electronic Communications.

a. Informal messages with no retention value and that do not relate to the functional responsibility of the recipient or sender as a public official, such as meeting notices, reminders, telephone messages and informal notes, do not constitute a public record. Users may delete these messages once their administrative purpose is served.

b. All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records are subject to public inspection and copying.

c. Electronic communications that are intended to be shared among a quorum of the city council shall not occur. If the intended purpose of the electronic communication is to have a discussion that should be held at an open meeting, the electronic discussion shall not occur. Further, the use of electronic communication to form a collective decision of the council shall not occur.

d. Electronic communication should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other confidential city business. In general, electronic communication is discoverable in litigation, and even deleted electronic communication is not necessarily removed from the system. Confidential electronic communications should not be shared with individuals other than the intended recipients, or the attorney-client privilege protecting the document from disclosure may be waived.

e. Inadvertent electronic communication between council members and between council members and staff shall not be transmitted to the public or news media without the filing of a public disclosure request with the city clerk.

f. As a cautionary note, if an elected public official uses his or her personal home computer to send electronic communications dealing with city business, the electronic communications and electronic records may be subject to discovery demands and public disclosure requests. That possibility amplifies the need for caution in how one uses electronic communication for city business.

3. Use of City Equipment and Facilities.

a. City council members are provided various tools to assist them in handling the business of the city in the role as members of the city council. These tools include but are not limited to:

i. An iPad Pro connected to the city’s computer system that can be used remotely. All contents of this device shall be considered open to public view.

b. In order to assure transmittal of information necessary to conduct business of the city and to avoid Public Records Act liability for the city and council members for improper or private equipment use, council members shall use the tool(s) identified above to assist them in being able to receive and work with information related to duties as council members.

G. Council Relations With City Boards and Commissions.

1. Reports to the Council. Each board, commission, committee, task force or any other advisory body of the city may be requested to present a report to the city council at a regular meeting or a work session of the city council. Such reports shall be delivered by the chair of the board, commission, committee, task force or any other advisory body or designee. The reports shall inform the city council of the activities, functions and information with which the board, commission, committee, task force or any other advisory body has been involved since the previous report and shall include the opportunity for questions by council members.

2. Reports to the Public. Whenever a member of the city council attends any meeting of any other entity or organization, he or she should endeavor to be prudent in what he or she says or does at such meeting and shall ensure their comments represent that of the city rather than their personal opinion. Further, the council member should avoid attending such meeting if that attendance would impose an interference with the meeting or the operations of the other entity or organization, or of the operations of the city. (Ord. 3261 § 7, 2024; Ord. 3111 § 2(17), 2020).

2.04.180 Travel and training authorization.

A. Value of Council Travel. The Prosser city council recognizes the need of its members to attend conferences, trainings, and meetings to broaden their knowledge of and familiarity with a diverse collection of city-related issues, including but not limited to finance, public works, communications, transportation, economic development, public safety and energy. These conferences also provide valuable opportunities to network with other city elected officials. Comparing Prosser’s specific issues with those of other cities often provides the city council with established policies already in place in other cities that can be adapted to meet the specific needs of the city of Prosser, as well as expediently and efficiently acquainting Prosser city council members with ideas of how to address Prosser issues and solve Prosser problems.

B. Annual Budget Amounts for Council Travel. To accommodate council travel, staff shall allocate an identified amount of money each year in the city budget process, whereby council members shall have an identified amount of money earmarked for city-related travel costs, including transportation, lodging, meals and registration costs.

C. Receipts and Travel Documentation. Each city council member shall be responsible for providing to the city clerk or finance director, within ten business days of returning from city travel, any and all city travel-related receipts and documentation. (Ord. 3111 § 2(18), 2020).

2.04.190 Apparel.

Council members may request city of Prosser approved standard logo apparel which can be worn at meetings, trainings, special events, or other activities where they are representing the city of Prosser. Council members will be provided apparel in an amount not to exceed fifty dollars; the mayor will be provided apparel in an amount not to exceed seventy-five dollars, annually as budget allows. Apparel can include shirts, hats, jackets, sweaters, vests, coats or the like. It is important to note that in any case, the requested preapproved apparel shall clearly include the city of Prosser’s name and/or logo. Council members are responsible for the care and cleaning of issued apparel. Council members may request additional apparel which will be at their own expense. (Ord. 3111 § 2(19), 2020).

2.04.195 Gifts.

The Prosser city council shall accept gifts valued at five hundred dollars or more by motion and affirmative vote of four, or more, council members. Gifts under five hundred dollars may be accepted by the mayor, or his or her designee; provided, however, the mayor, or his or her designee, shall notify the city council of all such gifts within thirty days from the date the gift was accepted by the city. (Ord. 3118 § 2, 2020).

2.04.200 Confidentiality.

Council members shall keep confidential all written materials and verbal information provided to them during executive or closed sessions and as provided in RCW 42.23.070, to ensure that the city’s position is not compromised. Confidentiality also includes information provided to council members outside of executive sessions when the information is considered by the exempt from disclosure under exemptions set forth in the Revised Code of Washington. (Ord. 3111 § 2(20), 2020).

2.04.210 Enforcement of rules of procedure.

Council members shall conform their conduct to the requirements, standards and expectations set forth in these rules of procedure. In addition to and notwithstanding whatever other enforcement mechanisms may exist for legal, ethical or practical obligations on council member performance or conduct, violations of these rules of procedure by council members may be enforced by action of the city council through sanctions such as votes of censure or letters of reprimand, and such other action as may be permitted by law. (Ord. 3111 § 2(21), 2020).

2.04.220 Severability.

The provisions of this chapter are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this chapter shall not as a result of said section, sentence, clause, or phrase be held unconstitutional or invalid. (Ord. 3111 § 3, 2020).