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HomeMy WebLinkAboutord2007-044WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 - 338 CLEARANCES Initial Date Date Received in Council O tee Agenda Date Assigned to: Originator: 8/1/2007 8/7/2007 Introduction Division Head: 9/11/2007 Finance /Council Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Ordinance amending Whatcom County Code 2.02 ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( } Yes ( } NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance amending Whatcom County Code 2.02 COMMITTEE A CTION: COUNCIL A CTION. 8/07 /2007 :Introduced 9/11/2007: Forwarded to Council for approval 9/11/2007: Council Adopted 7 -0 Ord. 2007 -044 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. 2007 -044 Please Note: Once adopted and signed, ordinances and resolutions are availablelbr viewing and printing on the County's website at: ivww.co. whatcotn. wa. us /council. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 H 36 37 38 39 I:\SHARED10RD\2007\Amend WCC 2.02, County Council SPONSORED BY: Consent PROPOSED BY: Council Clerk INTRODUCTION DATE: 09/11/2007 ORDINANCE NO. 2007 -044 AMENDING WHATCOM COUNTY CODE 2.02, COUNTY COUNCIL WHEREAS, Whatcom County Code 2.02 provides guidelines for the conduct of full council and council committee meetings, council personnel issues, and other council - related matters; and WHEREAS, amendments to Whatcom County Code 2.02 are necessary to remove outdated text, clarify rules governing the conduct of the council's business, amend the listing of council standing committees, and formally establish a new position in the council office. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 2.02 is hereby amended as indicated in Exhibit A to this ordinance. ADOPTI [; j� 11 day of September , 2007 �� ,•• Viµ 0 .C� •� WHATCOM COUNTY COUNCIL ATTI%o� COUNN �' r WHATCOM COUNTY, WASHINGTON -� ST r r Dana'$ awirI V IVrk Pthe Council .Carl Weimer, Council Chair APPRO D A Y181 0RM� a App�ogMid ❑ Denied ivil Deputy Prosecutor Pete Kremen, County Executive Dated: y 13 -a� Page 1 CHAPTER 2.02 COUNTY COUNCIL Sections: 2.02.005 Vacancies - Qualification. 2.02.006 Vacancies - Nomination. 2.02.007 Vacancies - Announcement. 2.02.008 Vacancies - Procedure. 2.02.009 Vacancies - Term of appointee. 2.02.010 Meetings - Times. 2.02.020 Meetings - Sturgis Standard Code of Parliamentary Procedure. 2.02.021 Meetings - Council acting in other capacity. 2.02.030 Ordinances and resolutions. 2.02.040 Annual reorganization meeting - Election of officers. 2.02.050 Power of chairperson. 2.02.055 Clerk. 2.02.056 Hearing examiner. 2.02.057 Repealed. Planning and policy analyst. 2.02.060 Quorum. 2.02.070 Signature of documents. 2.02.080 Order of business. 2.02.090 . Resolutions. 2.02.100 . Ordinances.- General provisions. 2.02.110 intreductien efdinanees Rern +en.. Ordinances - Introduction. 2.02.115 Ordinances - Reintroduction. 2.02.120 Ordinances - Publication of proposed and enacted ordinances. 2.02.125 Ordinances - Effective date. 2.02.130 Ordinances - Veto message - Overriding. 2.02.135 Ordinances - Emergency ordinances. 2.02.140 Committee of the whole. 2.02.150 Membership on standing committees. 2.02.160 Committee action. 2.02.170 Membership on required boards, commissions or committees. 2.02.180 Appointment of non-council members to boards, commissions or committees. 2.02.210 Open meetings. 2.02.220 Suspension of rules. 2.02.230 Correspondence requirements. 2.02.240 Recordings or transcripts of council proceedings. 2.02.250 Addressing complaints and concerns. 2.02.260 Travel and expense approval. 2.02.005 Vacancies - Qualification. A vacancy on the county council shall be filled by a qualified registered voter resident of the district he or she represents meeting all of the qualifications of Section 4.20 of the Whatcom County Charter. (Ord. 2001- 061; Res. 79 -2 § 1). 2.02.006 Vacancies - Nomination. A. Nominations to fill a vacancy on the county council shall be made by any councilmember who may place the individual's name into nomination in a regular open meeting. B. All names submitted shall be referred to a committee of the whole for consideration. C. Nominees shall be checked to verify qualifications and may be requested to submit a personal resume. D. Nominees may be personally interviewed by a committee or any councilmember or councilmembers chosen by the council to conduct such interviews. (Ord. 2001 -061; Res. 79 -2 § 2). 2.02.007 Vacancies — Announcement. A. The council shall publicly announce the vacancy and provide a reasonable period for interested candidates to contact any councilmember and request that his or her name be considered for the vacant position. B. Such announcement shall be made at least 10 days before the vacancy is filled. (Ord. 2001 -061; Res. 79 -2 § 3). 2.02.008 Vacancies — Procedure. A. If at any time the membership is reduced below that required to constitute a quorum by virtue of vacancies on the council, a majority of the remaining members may nevertheless fill the vacancies. B. If a council vacancy remains unfilled for a period of 30 days because of the inability of the council to make the appointment, the vacancy shall be filled by the county executive from among those persons nominated by the members of the council. (Ord. 2001 -061; Res. 79 -2 § 4). 2.02.009 Vacancies — Term of appointee. Section 4.50 of the Whatcom County Charter shall govern the term for which the appointee may serve. (Ord. 2001 -061; Res. 79 -2 § 5). 2.02.010 Meetings — Times. A. The regular meeting time of the council shall be every other Tuesday at 7:00 p.m. in the Whatcom County Courthouse, unless decided otherwise by the council. The chairperson of the council may call special meetings as required, provided proper public notice and notice to councilmembers is given. B. Committee of the whole meetings will be scheduled as necessary. These meetings may be cancelled at the will of the council. (Ord. 2001 -061; Ord. 96 -035; Ord. 94 -007 Exh. A; Ord. 90 -8; Ord. 90 -6; Ord. 88 -25; Res. 83 -45 § 3; Res. 82 -1 § 3; Res. 79 -1 § 3; Ord. 79 -1 § 1). 2.02.020 Meetings — Sturgis Standard Code of Parliamentary Procedure. Council business shall be conducted pursuant to "Sturgis Standard Code of Parliamentary Procedure," latest edition, except when in conflict with the standing rules of the council. A copy of the Standard Code of Parliamentary Procedure shall be available in the council office for review. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Ord. 88 -21; Ord. 79 -7 § 2). 2.02.021 Meetings — Council acting in other capacity. Where the county council sits in an administrative or legislative capacity in situations such as, but not limited to, supervisors of a special district or members of the county health board, all business in these other capacities shall be treated as regular items of county council business. The agenda for the meeting shall note any items being considered in one or more of these other capacities. It shall not be necessary for the council to adjourn itself in order to consider items in these other capacities. All actions taken by the council regarding issues in these other capacities shall be deemed to have been enacted or approved by those entities under the authority as may be provided for in law, or the authority of the county if appropriate. Notwithstanding language as may occur in general law, legislative actions in these other capacities shall be adopted by ordinance, and policy issues adopted by resolution. (Ord. 2001 -061; Ord. 95 -055). 2.02.030 Ordinances and resolutions. The introduction, publication, consideration and adoption of ordinances shall be governed by the Home Rule Charter for Whatcom County, ordinances and resolutions of the county council or, when not addressed by the above, by general law. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Ord. 79 -7 § 3). 2.02.040 Annual reorganization meeting — Election of officers. A. The swearing in of newly elected councilmembers shall be at a special meeting on the second Monday of the next January immediately following the November election, or as soon thereafter as possible. This special meeting, or the first council meeting in January following a nonelection year, shall also be the annual reorganizational meeting, at which time the council shall elect, by roll call vote of a majority of the full council, the chair, vice - chair, the executive pro tempore and the members of all standing committees. Prior to each reorganizational meeting, the council chairperson shall ask councilmembers to circulate to each other in writing their requests for committee assignments and other offices. No councilmember shall hold the position of chair more than two full consecutive terms. The chair of the council shall act as executive pro tempore in the absence of the regular executive pro tempore who was selected pursuant to the above procedure. Terms of office shall begin at the conclusion of the reorganizational meeting. B. In the temporary absence of the chairperson, the vice- chairperson shall perform the duties and responsibilities of the chairperson. A temporary chairperson shall be elected should both the chairperson and vice - chairperson be absent and shall serve during such absence. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Ord. 88 -10; Res. 83 -45 § 1; Res. 82 -1 § 1; Res. 79 -1 § 1). 2.02.050 Power of chairperson. The chairperson shall supervise the clerk of the council and the contracted hearing examiner; provided, however, that such powers shall be exercised at the direction of the council. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Res. 83 -45 § 2; Res. 79 -1 § 2). 2.02.055 Clerk. A. The county council shall employ and supervise the clerk of the county council, who shall function as the administrative department director with the responsibility for the operation of the council office and the council clerk's staff. The clerk shall serve at the will of the council and will consult the council on major policy or procedural matters. B. The clerk of the council shall supervise, hire and have full disciplinary authority over assigned staff. An employee may seek review by the council's finance and per-senRel administrative services committee of a disciplinary action taken by the clerk of the council; provided further, that such review shall take place in executive session with both the clerk and the employee requesting the review present. C. The clerk will prepare and justify the department budget, monitor all fiscal operations of the department, and approve all departmental expenditures. The clerk will provide planning leadership and direction for assigned staff. The clerk will develop policy recommendations concerning county -wide programs, and will develop and implement departmental policies and procedures. D. The duties of the clerk of the county council shall include, but not be limited to, those statutory powers, responsibilities and duties specified in RCW 36.22.010(6), 36.22.020, 36.32.135 and 36.32.140. E. The duties of the clerk of the county council shall be increased or decreased consistent with future enactments of the state legislature. F. The clerk of the county council shall file with the county auditor, at such time as they may be microfilmed, all original documents presented to the county council along with a notation of the council's official action securely appended for secure disposition of all such official records. G. All tort liability claims filed against Whatcom County shall first be served upon the clerk of the county council or designee. (Ord. 2002 -022; Ord. 2001- 061; Ord. 94 -007 Exh. A; Ord. 81 -107 §§ 1, 2, 3, 4). 2.02.056 Hearing examiner. The county council shall administer an annual contract for hearing examiner services. The duties of the hearing examiner are established in Chapter 20.92 WCC. (Ord. 2001 -061; Ord. 94 -007 Exh. A). ^y - ^C' ~ -'-d 2.02.057 Planning and policy. analyst. _.�_.__. .._rte.. -.__. The position of planning and policy analyst shall be employed as an independent staff member reporting to the county council, and shall be responsible for such duties as may be assigned by the county council. 2.02.060 Quorum. Four members shall constitute a quorum and, unless otherwise required by Charter, a majority vote of the entire membership of the council shall be necessary for the conduct of council business. There shall be no voting by proxy on any question before the council. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Res. 83 -45 § 4; Res. 79 -1 § 4). 2.02.070 Signature of documents. All official documents issued by order of the council shall be signed by the chairperson and attested by the clerk of the council, except as otherwise provided by the Charter. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Res. 83 -45 § 5; Res. 79 -1 § 5). 2.02.050 Order of business. A. Business may include but not be limited to the following order: 1. Roll call; 2. Flag salute; 3. Announcements; 4. Special presentations; 5. Approval of minutes; 6. Open session; 7. Public hearings and final consideration of hearing items; 8. Consent agenda; 9. Final consideration of other items; 10. Introduction of ordinances and resolutions; , 11. Reports and other items from councilmembers 3. 12. Adjourn. B. The clerk of the council shall consult with the council chair and the chair of each committee prior to preparation of the council's agenda. The clerk shall prepare the agenda, which, together with supporting documents, shall be provided to all councilmembers no less than five days prior to each regular council meeting and at the earliest possible date prior to any special meeting. The agenda shall be posted conspicuously within the Whatcom County Courthouse and shall be available for review on the council's web page. C. Upon request by any two or more members of the council at any council meeting an item of business shall be placed on the agenda of the next regular meeting. D. Consent items may be acted upon en masse; provided, however, that any consent item shall be considered separately if so requested by a councilmember, a member of the county administration, or a member of the public. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Ord. 89 -26 (part); Res. 83 -45 § 6; Res. 79 -1 § 6). -- -- - - - - - - - - - - - M -- - -- -- - twzr= -- - .. .. -- - -- -- - - - -- -- - - - - - - -- - - -- - - -- -- - - - -- -- - - -- - - - -- -- - -- -- - - -- -- -- - - -- -- - -- -- - - -- -- - - - -- - -- - - - - - - - - .. .. .. - - .. .. .. a ON ._ .. - -- -- - - - -- -- .. .. .. .. - - .. •. ._ - ■�l��i•.r�.i -r. r.rws -- -- -- - - -- -- - - - -- -- -- - -- - - - -- -- - MOM FTI- .. .. .. .. - - .. •. ._ - ■�l��i•.r�.i -r. r.rws a -�•i i 2.02090 Resolutions. The county council may:pass resolutions to organize and administer the legislative branch, to make 'declarations of policy which do not have the'force of law, and to request :information from any other agency of county government.. Resolutions shall not be subject-to the veto : power of the executive.. and the council in passing resolutions need not comply with the procedural requirements for the introduction, consideration and adoption of ordinances. All resolutions shall. be filed with the clerk 'of the council in writing . in their entirety and shall be. scheduled on the' council's' agenda as requested and required. 2.02.100 Ordinances .= General provisions. A. Every legislative act shall be by ordinance. B. The subject of every shall be. clearly stated. in the title and no ordinance shall contain. more than one subject.. C.- Ordinances may, by reference, adopt Washington State statutes, or any recognized, printed codes or compilations in whole or in part. D.. No ordinance shall be amended. unless a new ordinance sets forth each amended section or subsection at full .length. E. Voting on final passage of all ordinances shall_ be by roll-call vote. 2.02.110 Ordinances — Introduction. A. All proposed ordinances shall be filed with the clerk of the council lh their entirety in writing and shall be introduced by a cou.ncilmember orby; consent of the full council. B. Proposed ordinances shall be introduced ,on the council's agenda by title; following which the council may refer the:proposal to the appropriate standing or special committee or to the.committee .of the whole. Upon being reported back from committee, proposed -ordinances shall be. placed .upon the council's agenda for action. C.- At least 13 days. shall pass 'between • introduction' and final passage of every ordinance, except emergency ordinances.' 2.02.115 Ordinances — Reintroduction. Any ordinance. , which has been. introduced and not acted. upon .within :'120 days of its introduction must be reintroduced, ...notice of introduction republished; and. at least -13 days. elapsed before it can come up for. final consideration; except; if . any such ordinance has been under:':active consideration by. any standing committee, .special.: ad .hoc committee;' ,or committee: of` the whole and - -has appeared ate least twice .on such committee's published-agenda, it is not.subject to this requirement: 2.02.120 Ordinances - Publication.of proposed and .enacted ordinances. Ordinances, or summaries .of them, the places where copies are .filed, and. the times when they are available for inspection shall be published when the ordinances are proposed for introduction and again. upon enactment; 2.02.125 Ordinances — Effective date. Every ordinance which passes.t e council must be presented to the.county executive. If. the executive.:approves and-,;signs the ordiiiancei it shall. take effect ten (10). days after: the date it.is ,signed by the county executive, or otherwise enacted, or at. a .later. date, if - stated in the ordinance. :If- the executive.. does not either sign' or veto: 'ran ordinance ;within ten days, Saturdays, . Sundays, a.nd . 'holidays :excepted, after presentation of the ordinance by the council, it . shall ..become law without the executive's signature. 2.02.130 Ordinances —'Veto message - Overriding:. If an ordinance is not approved by the executive; the entire ordinance:shall be vetoed and returned with the. executives written objections, which shall be attached 'to the ordinance, placed in the council's agenda. bill file, .and distributed'to all councilmembers.. If, within 30 days after being returned to the council, the ordinance receives'the affirmative vote of two - thirds_ ofAhe entire council, it shall become law. 2.02.135 Emergency ordinances. An emergency. Iordinance necessary for. the immediate .preservation_ of the public peace,.' health, safety, or support - of 'the county.. government and its exi sting institutions may. be passed by :a�two- thirds ;Vote -of the county.;council. An emergency ordinance shall be effective immediately when approyed..-by the county. executive.: The specific emergency. and and.the`facts' creating it shall be clearly stated in the -:ordim nance. All emergency ordinance, except -those making appropriations fro `:an :emergency. reserve of, borrowing money for one hundred and twenty (120) days or less, shall expire as of the sixty -first (61St) day following the date on which the ordinance became law, 2.02.140 Committee of the whole. The council may go into committee of the whole at any time during a public meeting. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Res. 83 -45 § 12; Res. 80 -42 § 2 (part); Res. 79 -1 § 12). 2.02.150 Membership on standing committees. A. There shall be three members of all standing committees, membership to be determined by majority roll call of the council. The committee members shall be responsible for election of a chairperson and its internal organization. B. The date and time of standing committee meetings shall be determined by the chairperson of such committee and an agenda, including time and place of the meeting, shall be prepared and disseminated at least one day prior to the meeting. The committee meeting agenda shall further be posted conspicuously within the Whatcom County Courthouse. C. The following committees are established: 1. Finance and Administrative Services. Areas of responsibility for this committee shall be budget, taxation and purchasing issues, personnel policies and union negotiations; 2. Planning and Development. Areas of responsibility for this committee shall be zoning, development, storm water, fire, septic and sewer issues; 3. Public Works and Safety. Areas of responsibility for this committee shall be road construction and vacations, solid waste, new construction, remodeling, public utilities issues, and criminal justice activities and planning; 4. Natural Resources. Areas of responsibility for this committee shall be water, forestry, agriculture, fishery and mineral issues. (Ord. 2004 -006; Ord. 2001 -061; Ord. 95 -003; Ord. 94 -007 Exh. A; Ord. 89 -26 (part); Res. 85 -3; Res. 83 -45 § 13; Res. 82 -8; Res. 82 -1 (part); Res. 80 -42 § 2 (part); Res. 79- 1 §13). 5. Health.. Areas of responsibility for this committee "shall be health related issues referred to the :committee .by. _the health board, public ,Health advisory.board, or health department: 2.02.160 Committee action. A recommendation of the committee shall be agreed to by a majority of the committee in a regularly called meeting before a proposed ordinance is reported out. All actions of a committee pertaining to an ordinance that has been properly introduced, as specified elsewhere in this chapter, will be reported out to the full council for final consideration. A committee report may contain only that information which is approved by a majority vote of the committee; however, minority reports may be presented to the full council after the committee report is presented. A majority recommendation of the committee may be "do pass," "do pass as amended," "do pass the attached substitute ordinance," "do not pass," "no recommendation," "postpone indefinitely" or "withdraw." Minority reports may also be submitted. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Res. 83 -45 § 14; Res. 82 -1 (part); Res. 80- 42 § 2 (part); Res. 79 -1 § 14). 2.02.170 Membership on required boards, commissions or committees. Membership of councilmembers on those boards, commissions or committees, on which by law members of the legislative body are required to sit, shall be determined by majority roll call vote of the council. Councilmembers who are appointed by the county to any other county governmental boards, commissions or committees, other than ad hoc council committees, shall likewise be determined by a majority roll call vote by the council. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Res. 83 -45 § 15; Res. 82 -1 (part); Res. 80 -42 § 2 (part); Res. 79 -1 § 15). 2.02.180 Appointment of non - councilmembers to boards, commissions or committees. Appointments of non - councilmembers to all county or intergovernmental boards, commissions or committees which exercise either an administrative or a legislative function shall be made by the county council in accord with Chapter 2.03 WCC. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Ord. 91 -030 (part); Res. 83 -45 § 16; Res. 80 -42 §§ 2 (part), 3; Res. 79 -1 § 16). 2.02.210 Open meetings. It is the policy of the council that, to the greatest extent possible, meetings will be open to the public. All council and committee meetings shall be held in compliance with the state Open Public Meetings Act (Chapter 42.30 RCW). A standing or special committee meeting may be held in executive (closed) session only upon determination to that effect by a majority of the committee in a recorded, roll call vote. A council or committee of the whole meeting may be held in executive session only upon a determination to that effect by a majority vote of the councilmembers present in a recorded, roll call vote. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Res. 83 -45 § 19). 2.02.220 Suspension of rules. The rules and procedures set forth in this chapter may be suspended in specific instances by an affirmative roll call vote of at least two - thirds of the members of the council. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Res. 83 -45 § 20). 2.02.230 Correspondence requirements. Upon approval by a majority of the council, it shall be the responsibility of the council chairperson to respond to any correspondence on behalf of the council. Communications requesting council action shall be placed on the appropriate council committee agenda for consideration and recommendation to the full council. A copy of all council- initiated correspondence shall be kept in the council office. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Res. 83 -45 § 21; Res. 79 -1 § 21). 2.02.240 Recordings or transcripts of council proceedings. The Whatcom County council shall uniformly retain audio recordings or written transcripts of its proceedings for the period of six years, in order to satisfy court requirements for verbatim accounts of the council's proceedings. (Ord. 2001 -061; Ord. 94 -007 Exh. A; Ord. 89 -17). 2.02.250 Addressing complaints and concerns. A. The duty and responsibility for receiving and addressing complaints and concerns that are not related to the council's legislative responsibility or matters before the council or one of its committees, are delegated to the county administration and the various executive official and department heads by the county charter. B. Councilmembers shall refer all complaints and concerns which are not county policy or legislative matters to the administration, various elected officials or department heads, as circumstances dictate, for resolution before any council action is initiated, after which, the county council, council committees, or individual councilmembers may address such issues with the administration before deciding if legislative action by the council is appropriate. (Ord. 2001 -061; Res. 97.006). 2.02.260 Travel and expense approval. A. All councilmember expense claims shall be subject to approval by the chair of the council or authorized designee; B. Expense claims made by the chair shall be approved by the vice chair or authorized designee; C. Expense claims shall be submitted in detailed account citing date, place, and business purpose in accordance with procedures established by and forms approved by administrative services finance; D. Original receipts prepared and issued by the service provider or copies of endorsed checks are required whenever this policy provides for actual cost reimbursement; and E. Itemized expense claims shall be submitted to the deputy clerk of the council after obtaining written approval from the chair or vice chair, as appropriate. (Ord. 2001 -061; Res. 99 -045; Res. 98 -020).