HomeMy WebLinkAboutres1995-018WHATCOM COUNTY COUNCIL AGENDA BILL NO. 95 -107
CLFARANCES
Initial
Date
,Date Received in Council Office:
Age nda date
Assigned to:
. ator. Clerk
Division Head:
1/28
2/28/95
Council
Dept. Head:
Prosecutor.
Purchasing/Budget:
Executive:
SUBJECT
Resolution endorsing the Whatcom County Council Member Handbook of Office and Operating Policies
AT7ACfDdEN7S:
Resolution and Handbook
SUMMARY STATEMENT Please complete sections of box as appropriate & explain the item below.
Related Countv contract #: I Should Clerk schedule a hearing? NO / / YES / / Requested date:
The Handbook is a compilation of existing Council Office policies and practices. The policies included in the
Handbook apply to the Council Office staff only. The Handbook is prepared by the Clerk of the Council, but
for political and practical reasons Council endorsement is sought.
CLERK'S RECOMMENDED MOTION (forfinal action):
Suggested motion: "I move that we approve of the resolution."
COMMITTEE AC77ON TAKEN
COUNCIL ACTION TAKEN.•
2/28/95: Approved
Related File Numbers: Ordinance or Resolution Number (this item only): Res. 95 -018
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handboolues 2 /14/95 SPONSORED BY: Consent
AB95 -107 PROPOSED BY: Clerk of the Council
INTRODUCTION DATE: _2128/95
RESOLUTION NO. 95-018
ENDORSING THE WHATCOM COUNTY COUNCIL
MEMBER HANDBOOK OF OFFICE AND OPERATING POLICIES
4 WHEREAS, the Council Office operates under a number of internal policies and
5 procedures prepared by the Clerk of the Council, in consultation with Administrative
6 staff and Council Members as appropriate, and shared with Council Members when
7 necessary or requested; and
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WHEREAS, the office and operating policies are hereby compiled in one
document titled the Whatcom County Council Member Handbook of Office and
Operating Policies, and dated February 28, 1995; and
WHEREAS, the Handbook is intended to apply to the Council Office only (and
to other Council employees) and is not intended to provide policy direction for -any other
County departments; and
WHEREAS, the Handbook is a public document;
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that
the Council endorses the content of the Whatcom County Council Member Handbook of
Office and Operating Policies, dated February 28, 1995; and
Handbook Endorsement Resolution, 2128195
Page 1
1 BE IT FURTHER RESOLVED that the Clerk of the Council will provide
2 Council Members with an opportunity to propose revisions to the Handbook at least
3 every two years; and
4 BE IT FURTHER RESOLVED that at any time the Council may direct the
5 Clerk of the Council to include certain other policies and procedures provided that the
6 Council sets forth its wishes in resolution form.
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APPROVED this 28 day of Egh=,- ry1995.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Ramona Reeves, Council Clerk
APPROVED as to form:
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14 Civil Deputy Pros. Atty.
Robert Imhof, Chair
Handbook Endorsement Resolution, 2128195
Page 2
Whatcom County
Council
Member
Handbook
Of
Office and
Operating Policies
February 28, 1995
Whatcom County Council
Member Handbook
of
Office and Operating Policies
Adopted by Council Resolution 95-
on February 28, 1995
Prepared by Ramona Reeves, Clerk of the Council
Winter 1994 -1995
Whatcom County Council Handbook
Table of Contents
Introduction ..................... ............................... 8
Administrative Staff, Requests Of .................................... 9
Agendas....................... ............................... 11
Item Scheduling ............ ............................... 11
Agenda Preparation ......... ............................... 11
Agenda Addenda ........... ............................... 11
Campaigning and Politicking ....... ............................... 13
General Information ........ ............................... 13
Use of Public Facilities for Political Campaign Purposes ............. 13
Supplies .................: ............................... 13
Phones.... ............ ............................... 14
Cars.................... ............................... 14
Support of or Opposition to Ballot Propositions ................... 14
Employee Rights (and Wrongs) ............................... 14
Code of Ethics for Council Members . ............................... 17
The Unwritten Code ........ ............................... 17
Appearance of Fairness ...... ............................... 17
Conflict of Interest .......... ............................... 18
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Consent Agenda ................. ............................... 23
Purpose and Definition ...... ............................... 23
Introduction Items .......... ............................... 23
Ordinances and Actions Carrying the Force of Law ................ 24
Committee Review of Consent Agenda Items ..................... 24
Minutes.................. .....................:......... 24
Council Action on ......................................... 24
Removal of Items .......... ............................... 24
Correspondence Policies ........................................... 27
IncomingCorrespondence .............. ................... 27
Timing of Document Submittal ................................ 28
Council Meeting Conduct .......... ............................... 29
Breaks During Meetings ..... ............................... 29
Open Session..... ....... ............................... 29
Pre - Meeting Review ........ ............................... 29
Role of the Chair and the Clerk During Meetings ......... ......... 30
Meeting Scheduling ......... ............................... 31
Special Meetings ........... ............................... 31
Retreats................................................ 32
Budget Review Meetings ................ .................. 32
Council Office General Policies ..... ............................... 34
Attendance Records ......... ............................... 34
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Whatcom County Council Handbook
Public Access to Council Office .............................. 34
Public Access to Information .. ............................... 34
Evaluation of Council Employees .... ............................... 36
Expenses /Travel. Reimbursement t. .... ............................... 37
Claims Submitted by Council Members ......................... 37
Allowable Expenses ......... ............................... 37
Travel Arrangements Made by Staff ............................ 40
Ordinances and Resolutions ........ ............................... 41
Amendments to ............ ............................... 41
Who can amend a document? . ............................... 41
Who can propose amendments? ............................... 42
How are Amendments Proposed? ............................. 42
Substitute Resolutions or Ordinances ........................... 43
Standing Committees of the Council .. ............................... 45
Defined .................. ............................... 45
Authority................. ............................... 45
Committee Meeting Schedules . ............................... 46
Items Reviewed by Committees ............................... 47
Role of the Committee Chair .. ............................... 47
.Committee of the Whole ..... ............................... 47
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Whatcom County Council Handbook
Appendix...................................................... 49
Clerk of the Council's Internal Policies .......................... 49
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Whatcom County Council Handbook
Introduction
The Handbook is prepared and updated by the Clerk of the Council and endorsed
by Council Resolution 95- (filed under AB95 - -). Any member of the public
requesting a copy of the Handbook will be provided one copy at no charge. The
Handbook is available for public inspection during regular office hours in the
Whatcom County Council Office.
The County Council operates under rules of procedure as set forth in the Whatcom
County Home Rule Charter and Whatcom County Code Section 2.02. This
Whatcom County Council Member Handbook is a policy document that serves as a
guide for new and existing Council Members. The Handbook also sets broad
administrative policies for the Council Office that Council staff can use as a basis for
formulating its own procedures.
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Whatcom County Council Handbook
Administrative Staff, Requests Of
The Council agrees to abide by this policy statement, which was prepared by the County
Executive's staff in January 1994:
"The. Executive Office gives a high priority to requests received from the Whatcom
County Council. To ensure the best service, the Executive asks that requests be
submitted in writing and that adequate time be allowed for a response. It is helpful
to know if there is a specific deadline for responding. The Council or Committee
Chairs should be responsible for forwarding requests relating to actions by the entire
Council or a Committee of the Council. This helps give the administration clear
direction when setting policies, guidelines, work programs, etc., as agreed on by the
Council or its Committees, and distinguishes work requested by individual
Councilmembers (sic) on personal interest items.
"All requests for information, reports, items to be brought forward, action of any
type and attendance by administrative staff at any Council committee or full Council
meeting must be submitted to the Executive Office for handling. This routing is
necessary, not to interfere with the Council, but as a way of monitoring requests
being made of staff and demands on staff time, and also to direct specific requests to
the staff person in charge. The Council is not always aware of other demands being
made on staff, or how certain issues are being handled internally.
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Whatcom County Council Handbook
"An exception to routing matters through the Executive Office would be planning
issues which are already in progress and under the legislative body's jurisdiction, or
items to those departments headed by elected officials.
"However, all departments' supplemental budget requests should be routed through
the Executive Office, including those submitted by elected officials. Section 6.71 of
the Home Rule Charter directs,. 'The annual budget ordinance shall include contingen-
cy funds which shall not be expended unless the County Executive certifies in writing
that sufficient funds are available and the County Council adopts an additional
appropriation ordinance after being requested to do so by the Executive. " The Execu-
tive Office will review and submit approved supplemental budget requests by
ordinance on an "as needed" basis to the Council for consideration.
"When setting agendas, please be sure to have confirmation from the Executive
Office before publishing an agenda item which involves attendance or reports by
administrative /departmental staff. This will avoid embarrassing situations at public
meetings because the staff or documents were not available, and will be considerate
to members of the public who might attend the meeting expecting the matter to be
discussed.
"If you need documents that are public information, you may contact the department
directly without seeking approval of the Executive Office. If the request will involve
a great deal of staff time, or the documents are not readily available (in archives,
storage, etc.), the staff will so advise you and then may request that the 'Executive
authorize filling the request. The Executive reviews and prioritizes such requests
taking into consideration the heavy staff workload and other projects which must be
accomplished.
"In general, the Executive and her staff are willing to assist you in any way possible."
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Whatcom County Council Handbook
Agendas
Item All agenda items must be scheduled through the Clerk of the Coun-
Scheduling cil. Council Members,, civil deputy prosecutors, or other Council
staff members must use a scheduling form provided by the Clerk
and should seek the consent of the Council Chair before scheduling
items with the Clerk, unless such approval is not required under
other existing rules of Council procedure.
Agenda items coming from other departments or agencies must be
accompanied by an agenda bill and shall be submitted in accordance
with the Clerk's agenda bill procedure.
Agenda The Clerk will prepare the agenda in consultation with the Chair.
Preparation The Council gives the Clerk authority to refuse items not submitted
by established deadlines, and to refuse items not submitted in
proper form.
Agenda Addenda to the agenda are discouraged by the Council. Items will
Addenda not be added to the agenda after its publication unless the Chair
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Whatcom County Council Handbook
determines that an item qualifies as an emergency and immediate
Council consideration is necessary. If items are added to the
Council agenda they will be published in an "addendum to the
agenda," and faxed to all media and the county executive no later
than 4 p.m. on the meeting date. Copies will be given to all Council
Members.
Consent Please see the separate section on consent agendas.
Agenda
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Whatcom County Council Handbook
Campaigning. and Politicking
General State officers or employees may not use or authorize the use of
Information public facilities, directly or indirectly, for assisting in a campaign,
promoting a candidate, or promoting /opposing a ballot proposition.
Whatcom County Council Members, County elected officials, and
County employees are included in the classification of state officers
and employees.
Use of Public Public facilities may not be used for political campaign purposes.
Facilities for Buildings, offices, warehouses, or any facilities owned and operated
Political by County government are considered to be public facilities.
Campaign
Purposes Experts advise that it is sometimes acceptable to make a political
announcement in a public facility, but such announcements should
be limited to areas of the facility that any member of the public
could use for such an announcement (for example, entrances to
public buildings)..
Supplies When doing work for political purposes it is illegal to use state or
local government supplies, staff, equipment or facilities to print,
mail, or otherwise produce material. This includes, but is not
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Whatcom County Council Handbook
limited to, copy machines, fax machines, typewriters, mail facilities,
office space, vehicles, paper products, and clientele lists of people
served by the agency.
Phones State or local government phones and SCAN lines can not be used
for campaign purposes or solicitation of funds.
Cars Political material or stickers may not be displayed or carried on or
in state or county cars.
Support of or The Council may take action at an open public meeting to vote on a
Opposition to motion, resolution or ordinance to support or oppose a ballot
Ballot proposition. However, the meeting notice must include the title and
Propositions number of the ballot proposition. Council Members and members
of the public must be given equal opportunity for expression of
opposing views.
Elected officials may verbally support or oppose ballot propositions
at an open press conference, or in response to a specific inquiry.
It is inappropriate for petitions for any ballot measure or proposed
ballot measure to be circulated or posted in Council facilities or at
meetings.
Employee Staff are prohibited from engaging in certain political activities, but
Rights (and they do have certain rights to participate in the political process.
Wrongs) For example, no person shall solicit] on state or county property, any
contribution to be used for partisan, political purposes. Involuntary
contributions by employees are not allowed.
Employees are also expressly forbidden from making statements in
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Whatcom County Council Handbook
support of ballot propositions or soliciting signatures for the same
while on duty.
While off -duty, on their own time, employees may:
vote and express their opinions on all political subjects
and candidates;
participate in the management of a partisan political
campaign;
hold any political party office;
campaign for any candidate or ballot proposition;
wear lapel buttons;
display campaign stickers on their private automobiles;
distribute candidate's materials;
speak before groups on a candidate's behalf,
help manage a political campaign;
solicit and /or make voluntary campaign contributions for
any candidate or cause;
and otherwise promote a candidate of choice or any ballot
proposition.
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Whatcom County Council Handbook
While on -duty, employees may respond to inquiries about political
campaigns by providing routine factual information such as the
address of the candidate and his /her staff.
Sources This information was compiled from several sources: research by
the Clerk of the Council into the Revised Code of Washington and
the Washington Administrative: Code; Whatcom County Prosecutor's
office; and the Washington State Public Disclosure Commission.
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Whatcom County Council Handbook
Code of Ethics for Council Members
The Unwritten Code Following this section you will an excerpt from an April 1981
article in State Legislatures by Carl F. Dodge, called '"The
Unwritten Code of a State Legislature ".
The article set out the unofficial rules of civility and fairness
for legislators. While these rules are not law, the guiding
principles they espouse are worthy of note. As the article
states: "Legislatures are adversary. forums where strong
disagreements flourish. The .trick is to disagree without being
disagreeable."
Appearance of Council Members are subject to the State Appearance of
Fairness Fairness Doctrine. The Clerk will provide a copy to Council
Members at their orientation retreat. If Council Members
have questions about interpretations of the law, they should
contact the Prosecutor's Office.
New laws were enacted by the State Legislature and took
effect in June 1994 that impacted many sections of State law.
Ethics in public service, electronic access to public disclosure
documents, local government whistle - blower protection, and
local government elections all were addressed. Again,
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Whatcom County Council Handbook
contact the Prosecutor's Office for specific information
(copies of the laws are available from the Clerk as well, but
she cannot give legal advice).
Conflict of Interest Council Members also are subject to conflict of interests
statutes. The Clerk has some limited information on this
topic available (a memo. from the Prosecutor explaining why
Council Members can't bid at County surplus auctions, for
example), but the best source and guide will be the
Prosecutor's Office.
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Excerpted From
The Unwritten Code
by Carl F. Dodge
Legislatures are adversary forums
where strong disagreements flourish.
The trick is to disagree without being
disagreeable. Bear in mind that every
legislator is a winner -- having won a
vote of confidence from his or her con-
stituents -- and is entitled to make some
contribution to the legislative process.
Bear in mind also that all legislators
have two constituencies -- the district
and the legislature itself -- and must take
into consideration the relative impact of
their decisions on these two constituen-
cies. Most important, bear in mind that
the legislature is a very human institu-
tion where the full range of human emo-
tions flourishes, and it is important to
control your emotions.
Most legislators who remain in
the institution for any length of time un-
derstand these points and act according-
ly. To accomplish their common objec-
tives, legislators over the years have de-
veloped an unwritten code of etiquette --
sometimes called legislative norms --
which is meant to insure the peaceful co-
existence of adversaries. These norms
Whatcom County Council Handbook
are widely shared in legislative
bodies because they are drawn
from experience; they reflect a
practical understanding of the
conduct needed to maintain
tolerable working relationships
among strong- minded people.
If legislators could not get
along with each other, their
effectiveness would be de-
stroyed. At worst this could prove to be
a fatal disservice to the legislature as an
institution. At best it is a disservice to
the voters who hope for better levels of
legislative performance.
The most important norms, listed
alphabetically, are as follows:
o Apprenticeship. As a freshman
legislator, be restrained about bill intro-
duction, floor debate (particularly if you
are unfamiliar with the subject), and de-
mands upon other legislators. Accept
that you don't know it all and must go
through the same learning process as all
others who have passed this way before.
Remember that you must prove yourself
as a committee member before you will
be supported as chairman.
o Gracefulness in defeat. To ac-
cept defeat gracefully is to demonstrate
real character and class. This isn't easy
to do, but if you are able to put defeat
behind you as part of the day's work, it
demonstrates that you have control of
yourself. Some people are never able to
do this. I have seen many former legis-
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lators who came in with excellent back-
grounds and qualifications, yet fell short
because they never learned how to ac-
cept defeat. If rebuffed by a committee
or on the floor, they considered it a per-
sonal affront. They lacked something of
the class necessary to be an outstanding
legislator.
E3 Honoring commitments One of
the worst things you can do is make a
commitment and then do a turnabout.
Nobody forgets the double cross. If you
feel you have made a mistake, then ask
to be released. I have found that the
safest course is not to make a commit-
ment until you are sure about your final
judgment.
E3 Institutional patriotism. Respect
and honor the system of which you have
chosen to become a part. Have faith in
its ability to perform, and be proud of it.
Be completely dedicated and develop a
team spirit in meeting goals. The more
legislators are of one mind and heart,
the greater the strength, vitality and per-
formance of the institution.
During the last political campaign
in my state -- and, no doubt, in many
others -- some incumbent legislators
were running against the legislature, say-
ing it wouldn't do this or couldn't do
that. Don't be guilty of this kind of talk
or thought. How can our citizens have
faith in the legislature if you, who are a
part of it, do not have faith in it and in
yourself?
E3 Integrity and honesty. Support
Whatcom County Council Handbook
strong moral and spiritual values in a
consistent way. By so doing you reflect
those noble qualities that must be main-
tained if the institution is to have legiti-
macy.
Be honest in your representations
to others. No one respects a double -
talker. Be open and above board about
your considered opinions on legislation
and the reasons you feel you must take
certain positions. Other legislators un-
derstand and respect that approach..
They do not condone deceit.
None of this is meant to imply
that you are obligated or expected to
reveal your strategies in the furtherance
of your own causes. No one else does;
as the saying goes, everyone is his own
fox. But the effectiveness of a legislator
is enhanced immeasurably if he is recog-
nized as having integrity and honesty.
E3 Interpersonal courtesy. Observe
the rules of civility with all members of
the body. Resist the temptation to criti-
cize other legislators. Always remember
that at times you need everybody's help
and support. Do not question the mo-
tives of legislators who oppose your posi-
tion or vote against you. Above all, do
not conclude automatically that some
legislator opposed you as a personal
matter. This is seldom the case. The
legislator who fought you bitterly on an
issue yesterday will often be your strong
ally on another issue tomorrow.
Never question other legislators
about the reasons for their votes. If you
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are unable to deduce the reasons, simply
assume that they had their reasons just
as you have yours -- even though you
know your reasons are those of a states-
man and theirs aren't.
o Keeping confidences. Be flat-
tered that other people trust you enough
to reveal a confidence. It would be fool-
ish to violate those personal confidences
and lose the trust of those who confide
in you.
o Reciprocity. Support other legis-
lators when you can do so without com-
promising your own position. Also sup-
port the work of the committees in your
house when you can and when the work
product is good enough to warrant sup-
port. You cannot expect other legisla-
tors to support you or your committee if
you are unwilling to lend your support
when the immediate, contrary concerns
of your constituents are not involved and
when you can agree philosophically.
This kind of cooperative effort is neces-
sary to accomplish common objectives.
Be selective about the situations
in which you make an unpopular stand
on principle. There are times when you
must do so; there are other times when
you must come down on. the side of sup-
port for a common objective. Distin-
guishing between the two involves a val-
ue judgment about when it is necessary
to consider the interests of your "second
constituency" -- the legislative body in
which you serve.
o Self - restraint. The system cannot
Whatcom County Council Handbook
operate correctly in an atmosphere of
antagonism, uncontrolled emotion and
back - biting. Experienced legislators
know this, and they attach considerable
importance to self - discipline.
No less important is the ability to
summon up a sense of humor when situ-
ations seem to be too heavy or disturb-
ing. Sometimes the days seem very long
and the confrontations very bitter. It's
amazing how a pervasive atmosphere of
antagonism or despair can be swept
away by a little timely levity. These mo-
ments help everyone to regain perspec-
tive and relieve tension. Shakespeare
said it well: '"The little foolery that wise
men have makes a great show."
. o Willingness to work and cooper -
ate The workload of a legislature is
enormous. Those who express a willing-
ness to do their share or more are ap-
preciated by committee chairmen and
the legislature without regard to party.
This sense of appreciation places the
legislator in a position to get the support
of other legislators when he needs it.
Conversely, the shirker and the freeload-
er evoke no feeling of generosity among
those who have to shoulder additional
burdens.
These words of advice can be ap-
plied in any of the roles a legislator may
be called upon to play. For example,
some legislators are leaders and some
are followers. Many of today's new leg-
islators will become leaders in future
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Malcom County Council Handbook
years.
And the first, though not the only,
quality that distinguishes the good leader
is adherence to the legislative norms
already discussed; ultimately, legislators
gain leadership stature because of re-
spect.
No one is a leader in all instanc-
es. And even those who never become
leaders play a variety of essential legisla-
tive roles, depending on what they per-
ceive their legislative missions to be.
The important thing is that all of them
are at their most effective when they
observe the norms of legislative behav-
ior.
Abiding by these norms gradually
produces and allows you to maintain a
sense of composure. When you are able
to do that, you will have won the battle
with yourself. This victory will permit
you to develop an inner well-being about
your role in the system and about your
relationships with your peers. Having
done that, you are m a position to gain
the respect of others -- and to enjoy your
legislative trip every step of the way.
Cad R Dodge, who served 21 years in the Nevada State Senate, .
retired in 1980. The foregoing comments appeared in an article
published in the April 1981 issue of State Legislatures.
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Consent Agenda
Purpose and Defini- The consent agenda is a method by which the Whatcom
tion County Council can vote to approve a whole group of routine
items with one motion and one vote.
Bid awards, requests for authorization, contract awards,
boards /commissions appointments and resolutions will be
included on a consent agenda because a separate roll-call
vote is not required.
The Whatcom County Council began using a consent agenda
in 1994 to help meetings run more efficiently. Consent
agenda is scheduled after the "Open Session" portion of
Council meetings, so that citizens or Administrative staff may
request that an item be removed from the consent agenda
and considered separately.
Introduction Items Introduction items (those appearing on an agenda for paper.
shuffling, public notice purposes, and for which action is
scheduled at a later date) are always on a separate consent
agenda at the meeting's end.
Ordinances and Ac- Ordinances will never be included in a consent agenda be-
tions Carrying the cause they are rarely "routine" and they always require a roll-
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Whatcom County Council Handbook
Force of Law call vote. The same is true for resolutions of the Point Rob-
erts Transportation Benefit Area Board, the Flood Control
Zone District Board, etc. The resolutions of those districts
act as ordinances and carry the force of law.
Committee Review It is the responsibility of each Council Member to study
of Consent Agenda information provided about each consent agenda item prior
Items to Council action. Items will be reviewed in detail during
one of the Council's standing committee meetings prior to
Council action.
Minutes Meeting minutes that require Council approval will be includ-
ed on the consent agenda with no committee review. It is
each Council Member's responsibility to review minutes
individually, and if questions arise or corrections are needed,
the minutes should be removed from the consent agenda and
acted upon separately.
Council Action on Items listed on the main agenda under the "Consent Agenda"
Consent Agenda section may be moved and approved all at once with one
Items motion.
Any Council Member can make this motion at the full Coun-
cil meeting. Usually several committees will review consent
agenda items. Sometimes Finance and Personnel Committee
will have reviewed all items. The Council may want to deter-
mine that the Finance Committee chair always makes the
motion to approve of the consent. agenda.
Removal of Items An item should be removed from the consent agenda under
from the Consent any of the following conditions:
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Whatcom County Council Handbook
Agenda If an item is controversial and either the Council,
or a member of the public, would like Council to
discuss it prior to Council action it should be removed
from the consent agenda for separate discussion.
If a Council Member plans to vote against any item
on the consent agenda, that item should be removed
from the consent agenda prior to a Council vote on
the consent agenda.
The request to remove that item would come after the mo-
tion for approval, and before the vote on that motion. Here
is how that would happen:
Council Member A: "I move that we approve the
consent agenda as presented."
This motion allows the consent agenda to be discussed
or considered.
Council Member B: "Mr. Chair, the Finance Commit-
tee would like to have item 3 removed from the con-
sent agenda."
Council Chair: "Okay, that item is removed from the
consent agenda. Are there any other deletions?
Hearing none, all those in favor of approving the
remaining items in the consent agenda say aye ..."
(The non - controversial items are dispensed with when
the Council votes on A's motion, and now Council can
discuss the item that B mentioned).
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Whatcom County Council Handbook
Council Chair: "Council Member A would you please
make a motion regarding item number 3, which was
removed from the consent agenda ?"
(Technically Council Member B should now
make a motion to approve of the item or to do some-
thing else with it. Then discussion should take place,
and a vote on the motion.)
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Whatcom County Council Handbook
Correspondence Policies
Incoming Corre- In the interests of economy, the Council's policy on incoming
spondence correspondence is as follows:
The person submitting the document must submit
eight copies (one for the official file, one for each
Council Member) if he /she wishes the document to be
distributed to each Council Member.
If the person submitting a document does not sub-
mit eight copies, but wishes for the document to be
shared by all Council Members, the policy is that one
copy is placed in a common correspondence file which
Council Members will share. The Clerk's staff will
prepare a list of documents in the correspondence file
on a weekly basis, and share that list with Council
Members. The correspondence file copy will eventual-
ly become the official file copy and may not be re-
moved from the Council Office.
If a person submitting a document wishes for
Council staff to copy and distribute the document to
Council Members, the Council staff will charge that
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person a per -page copying fee as set forth in the Uni-
fied Fee Schedule.
Timing of Document The public should be advised, by Council staff and Council
Submittal Members, that incoming correspondence relating to an item
on Council's agenda is most effective when it is received in
the Council Office at least one day in advance of a Council
meeting. Council Members are generally involved in commit-
tee meetings or private consultation with members of the
public, staff, or fellow Council Members on meeting days. It
may be unlikely that they will have time to review volumes of
new materials brought in on a meeting day.
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Council Meeting Conduct
Breaks During For the benefit of Council Members and for staff members,
Meetings the Chair will routinely call for five - minute recesses at ap-
proximately two -hour intervals during Council meetings.
However, should all Council Members agree, the need for a
recess may be waived.
Open Session Open session is a portion of a Council meeting at which
members of the public may address any item, unless that item
is scheduled for a public hearing later that same evening.
The Chair may .limit the amount of time for open session,
and may limit the amount of time per speaker. However, the
Chair will attempt to ensure that all speakers are given the
opportunity to speak for the same amount of time.
There will be an 'open session" scheduled at the start of at
least two regularly- scheduled Council meetings every month.
The Chair may determine that 'open session" will be sched-
uled for additional meetings.
Pre - Meeting Review The Clerk may request that the Chair schedule a pre - meeting
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procedural review prior to a Council meeting. The purpose
of this review will be to discuss procedural matters only, offer
suggestions for correct parliamentary procedure, and to
advise the Council of procedural pitfalls that may arise during
the meeting. Substantive discussion of the issues is not per-
mitted. These meetings will be recorded and open to the
public.
Role of the Chair The Council Chair and the Clerk of the Council function as a
and the Clerk Dur- team during Council meetings. Some of their respective roles
ing Meetings and responsibilities follow; others may be determined by
consulting other Council policies or parliamentary procedure:
The Chair will state /announce each item, and
should request a motion before any discussion of an
item begins.
The Chair will re -state the motion for the Clerk,
who will then inconspicuously acknowledge that
he /she has the motion on record.
The Chair will ensure that every amendment, no
matter how small or minor, is made by motion and
that action (voting or withdrawing) takes place. Ac-
tions by consensus are technically inappropriate. Mo-
tions are required..
If a parliamentary or procedural question arises
and is directed to the Clerk, the Clerk will look to the
Chair for permission to proceed before responding.
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The Clerk will not call roll until asked to do so by
the Chair.
The Clerk, if he /she has a question or comment,
will seek to be recognized by the Chair before speak-
ing.
If the Clerk notices an error that requires an im-
mediate "quick fix" he /she will try to bring it to the
Chair's attention in a non - threatening nor condemning
manner. For example, if no motion was made and the
Chair calls for a vote:
Good: CLERK: Excuse me, Mr. Chair, I'm sorry
but I missed the motion; would you please re-
state it for me?
CHAIR: (Can choose to "buffalo" through and
pretend a motion was made, if he so desires).
Bad: CLERK: Hey, wait a minute! You guys
messed up!
Meeting Scheduling The Council will pass a resolution establishing regular meet-
ing dates for the coming year every December or January. It
is the Council's policy to provide for interruptions in the
meeting schedule in August and December in order for
Council Members to plan holidays without missing regularly -
scheduled Council meetings.
Special Meetings Special meetings of the County Council or of its committees
may be called at any time, provided that written notice is
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provided to members of the media on the Council Office
notification list at least 24 hours prior to the meeting.
The Chair, in consultation with the Clerk (for scheduling
purposes), has the authority to schedule special meetings.
Special meetings of a Council standing committee may be
called by the chair of the standing committee, provided that
the committee chair has the approval of the Council chair
and has consulted with the Clerk for scheduling purposes.
Retreats Within the first month after the swearing -in of newly - elected
Council Members, the Clerk will organize and present an
orientation retreat for new and returning Council Members.
The Clerk will consult with Council Members in setting the
date for the retreat. The Prosecuting Attorney, Hearing
Examiner, Budget and Program Analyst, and Executive will
be invited to participate. The Clerk will set the agenda and
facilitate the meeting.
Every May or June the Council will have a budget retreat,
organized by the Budget and Program Analyst, to determine
the Council's budget. policy and preparation guidelines for the
coming year. The Budget and Program Analyst will consult
with the Clerk to determine available dates and times.
Budget Review The annual budget review meeting schedule for the Finance
Meetings and Personnel Committee will be tentatively set by the Fi-
nance and Personnel Committee Chair, in consultation with
both the Budget and Program Analyst and the Clerk, by mid -
August (or at least two months prior to the first budget
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review session). Early planning of this schedule will assist the
Clerk's staff in reserving rooms and equipment for the meet-
ings, and will lessen the likelihood of conflicts with other
Council events.
The schedule need not be finalized nor released to the public
or departments until after the executive presents a proposed
budget to the Council for review. This will allow for adjust-
ments to be made according to special circumstances sur-
rounding the proposed budget, and according to the needs
and wishes of the Finance and Personnel Committee.
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Council Office. General Policies
Attendance Records A record of Council Member attendance at all regular and
special Council meetings, and all standing committee meet-
ings, will be maintained by the Clerk of the Council. This
record will be open to public inspection during regular office
hours in the Council Office.
Public Access to The reception desk will be staffed at all times. Guests, no
Council Office matter who they are, will be asked to wait in the reception
area until the person they're visiting comes to get them. It is
not a good policy to allow people to wander freely through
the offices because they could overhear confidential conversa-
tions, interrupt staff from completing their assigned tasks, or
accidentally walk off with permanent official files.
Public Access to The general policy of the Council Office is that all records
Information are open to inspection by the public during regular business
hours, with only a few exceptions: records for individual
Council personnel, access to private computer files created by
employees, and confidential materials.
The Council staff may ask that citizens allow time for reason-
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able research and retrieval of information. No official files
may leave the Council Office unless under the supervision of
the Clerk or her designee.
The Council staff may require that citizens view the files in a
secure area in order to ensure that documents remain intact
and are not removed from the office.
Any applicable fees for copying, etc. are included in the
Unified Fee Schedule.
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Evaluation. of Council Employees
At least once each year the full Council will conduct an evaluation of the Hearing
Examiner, Budget and Program Analyst, and Clerk of the Council. These evalua-
tions will take place in executive session.
The Clerk of the Council will conduct annual evaluations of all clerical staff mem-
bers who work under her direction.
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Expenses /.Travel Reimbursement
Claims Submitted Council Members may submit claims for reimbursement of
by Council Mem- expenses and travel up to the amount apportioned for them
bers during a calendar year. If expenses are incurred, claims for
reimbursement must be submitted on a Quarterly basis, or.
sooner.
The Clerk will schedule all such claims for review, by consent
agenda and Finance and Personnel Committee, at the next
available Council meeting. A copy of the expense claim will
be included in the Council's packet for that meeting.
After approval by the Council of the expense claim, the Clerk
will submit it to Superior Court for review and signature of
the Presiding Judge. Upon receipt of that signature, the
claim will be processed.
Allowable Expenses Executive Order 93 -08 set the County's travel policy, effective
January 1, 1994. County Council members' travel and claims
for reimbursement must comply with this policy, or whatever
policy is in place for all County employees.
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In summary, the policy applies to travel "while performing
assigned duties and conducting official County business" and
asks employees and officials to exercise "prudent judgment"
while on official County business. In this section the word
"employee" applies to Council Members and to staff. High-
lights of the policy follow:
Meals for out -of- County travel are being reim-
bursed on a per diem schedule as follows:
Breakfast $ 8.00
Lunch $10.00
Dinner $18.00
Receipts are not required for meals. If a meal
costs less than the per diem amount, employees are
urged to submit claims for the lower amount.
Employees may be reimbursed the actual costs of
banquets or dinner /luncheon meetings when attending
as an official representative of the county. This does
not apply to functions of a partisan nature (for exam-
ple, if a Council Member is invited to participate only
on the basis of political party membership).
Lodging will be reimbursed at the actual rate paid
not to exceed $80.00 per night. Higher rates may be
approved in advance if the less expensive lodging is
not available. Employees staying overnight in a pri-
vate residence, RV, etc. will receive a non - commercial
lodging allowance of $25.00 per night. Receipts are
not required.
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Any employee required to begin travel status prior
to 6 a.m. shall be entitled to $8.00, or if an employee
is out of County two or more hours (exclusive of eat-
ing time) beyond the end of his /her regularly sched-
uled work shift, he /she shall be entitled to a meal
allowance of $18.00. Receipts are not required.
There is no meal allowance for lunch while on
non - overnight in- County travel except when a County
employee is a scheduled speaker or presenter repre-
senting the County at a conference or meeting and is
required to pay for a meal.
Mileage reimbursement for the use of privately-
owned vehicles will be 29 cents per mile.
When Council Members travel directly from or
return to their place of residence, they will be reim-
bursed at the lesser of the actual miles from their
residence or from the Courthouse.
Reimbursable expenses are:
Taxi fares, car rentals, parking fees, ferry tolls, and
private car mileage;
Registration fees for conventions, conferences,
training seminars, and official meetings;
Meals at the per diem rate and rental of lodgings;
Incidental supplies and materials needed at train-
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ing seminars or meetings while on travel status.
Employees may be reimbursed for a five- minute telephone
call home each night while on travel status.
Receipts are required except for the following:
meals reimbursed at the per diem rate;
day parking fees;
transit fares;
telephone calls when it is necessary to use a coin -
box telephone or where the call cannot be
charged to the County;
expenses under $5.00.
A list of non - reimbursable items is included in the Executive
Order.
Travel Arrange- Council Members who want staff to make travel arrange-
ments Made by ments for them need to fill out a request form in the Council
Staff Office. The form asks for basic information and is intended
to assist staff in attending to all aspects of the arrangements
in an efficient manner.
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Ordinances and Resolutions
Amendments to Or- Ordinances and resolutions (and all other documents) under
dinances and Reso- consideration by the Council may be amended in only two
lutions ways:
at a full Council meeting, by individual motions to
amend (small word changes, phrase changes, etc.); or
at a full Council meeting, by presenting a whole
slate of amendments in the form of a "substitute"
document possible consideration (the Council must
vote to accept the substitute prior to consideration; it
is not automatically accepted).
A document is considered to be "under consideration by the
Council if it has been introduced on a Council agenda and /or
if it is scheduled to be discussed in a committee or Council
meeting.
Who can amend a There is a distinction to be made between who can amend a
document? document and who can propose amendments to a document.
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Amendments to any document under consideration by the
County Council may be made only by a majority vote of the
full Council at a properly - advertised public meeting.
Committees of the Council do not have the authority to make
amendments to documents under consideration by .the Coun-
cil. A committee consists of only three Council members,
which is not a majority of the full Council. A committee
does not have the authority to impose its will on the full
Council.
Who can propose A Council committee can recommend that the Council adopt
amendments? amendments to a document. This recommendation of the
committee is usually conveyed by the chair of that committee.
An individual Council member may propose that the Council
adopt amendments to a document.
Committees, staff members, and members of the public may
propose amendments or substitute documents to the Council.
The Council may or may not take the amendments or substi-
tute documents under consideration.
How are Amend- Before making any proposals to amend a document, a motion
ments Proposed? to approve of a document (such as a resolution . or ordinance)
must be made by a Council Member. The Chair then opens
the floor to motions to amend that document.
Each amendment should be presented as a separate motion
for consideration by the Council.
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Amendments do not need to be presented to the full Council
in writing prior to the meeting. However, as a courtesy to
Council Members and the Clerk, it is advised that each
amendment be. written out separately in advance of the
meeting by the person proposing the amendment.
Amendments should be made. one by one, on an individual
basis, for the greatest clarity and fairness to other Council
Members, the public and the record.
Substitute Resolu- When amendments are numerous they may be incorporated
tions or Ordinances into a substitute resolution or ordinance. Substitute resolu-
tions or ordinances should be prepared in time to be includ-
ed in the Council's meeting packet. Substitute ordinances or
resolutions prepared after the Council packet may run the
risk of not being considered by the Council until its next
meeting.
Both the substitute document and the original document will
be included in the packet until the Council, at a full meeting,
has voted to accept the substitute document.
Substitute ordinances or resolutions prepared on the same
day as the Council meeting at which they are to be consid-
ered should not receive Council consideration until the next
meeting. The Council may vote to consider the substitute
upon short notice, if it desires to do so.
The Council can not be forced to consider the substitute
resolution or ordinance. The person proposing the substi-
tute resolution or ordinance must make a motion requesting
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that the Council accept the substitute resolution or ordinance
for consideration. If that motion carries, the Council will
work from the substitute document. If the motion fails the
Council will work from the original document.
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Standing Committees of the Council
Defined Whatcom County Code Chapter 2.02 sets out the number and name
of standing committees of the County Council. Standing committees
are sub - committees of the County Council assigned to do in -depth
review of certain issues on behalf of the Council.
Authority Standing committees have a maximum of three members. This
means that committees may only make recommendations to the full
Council for action; the committee's actions can never supersede or
overrule actions of the full Council.
For example, a committee does not have the power to:
amend documents slated for Council consideration;
table an item indefinitely (which would prevent it from
ever receiving review by the full Council);
have public hearings on matters in the place of a hearing
before the full Council, if there is a legal requirement for
such a hearing (under the law a legally- required Council
hearing must be scheduled for a full Council meeting, to
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ensure that a quorum will be present and able to take action
if needed);
approve or deny a bid award, contract, resolution, ordi-
nance or any other matter on the Council's behalf (even a 3 -0
vote of the committee can not substitute for a majority vote
of the full Council, which is required for approval or denial
of most matters).
A committee may make recommendations to the Council, as fol-
lows:
recommend that the Council amend documents slated for
Council consideration;
recommend that the Council accept and take under con-
sideration a substitute ordinance or resolution;
recommend that the Council table an item indefinitely or
to a date certain;
recommend that the Council approve or deny a bid award,
contract, resolution, ordinance or any other matter;
recommend that the Council schedule a public hearing on
an item, or postpone the item to a later date.
Committee Committee meetings will regularly take place prior to regular
Meeting meetings, at the discretion of the Council and Committee chairs.
Schedules. Meeting times will be set at the beginning of each year. Meeting
times may be altered only upon agreement of the committee chair,
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clerk and Council chair.
Items Re- Following is a summary of various issues requiring review by stand -
viewed by ing committees. The Clerk will automatically assign matters to
Committees committees using her best judgment and. guidance provided in
Whatcom County Code 2.02, unless directed otherwise by the
Council (at :a full Council meeting), the committee chair, or the
Council chair.
Role of the The committee chair is elected by members of the committee at the
Committee first meeting following reorganization of the Council.
Chair
Generally it is the committee chair's responsibility to present reports
and recommendations of the committee to the full Council. The
committee chair is not required to present minority reports.
Committee of The Council may, from time to time, meet as a Committee of the
the Whole Whole. This means the whole Council will meet, but only in the
guise of a committee; formal action by the Council may not take
place at Committee of the Whole meetings. The Committee must
make recommendations to the full Council for formal action.
Why the distinction? Because when a meeting is advertised as a
Committee of the Whole the public and press are under the as-
sumption that no action will take place, that it is merely a work
session. Also, Council Member attendance is not mandatory at
Committee of the Whole meetings; therefore formal action should
be scheduled for regularly- scheduled full Council meetings to ensure
full participation of the Council.
Items that may be scheduled for Committee of the Whole include:
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interviews of candidates for the office of Clerk, Budget
and Program Analyst, and Hearing Examiner (these may take
place in executive session, closed to the public, under RCW
42.30.110 (g));
reviewing the performance of a public employee (with
certain limitations), or to receive and evaluate complaints or
charges brought against a public employee (with certain
limitations) (see RCW 42.30.110 (f) and (g));
discussing items in executive session, as permitted by
RCW 42.30;
work sessions on any issues before the County Council;
Council retreats.
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Appendix:
Clerk of the Council's Internal Policies
The membership of the County Council changes every two years. The Chairmanship
of the Council can change annually. In order to provide continuity of purpose,
professional behavior, and procedures, certain Council Office administrative policies
will be established by the Clerk of the Council. Such internal administrative policies
will include, but not be limited to, the following (please note that all references to
"staff' refer only to staff members under the Clerk's direction):
personnel record maintenance and updating, payroll issues, leave policies;
training programs for staff, .development /updating of training manual, and
instruction for staff;
codes of conduct, ethics and professionalism for staff;
office policies and procedures relating to correspondence, mail, Council
packets, and filing systems;
agenda bill preparation and filing guidelines;
ordinance and resolution preparation guidelines;
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procedural or processing guides for use by Council Members, staff and the
public;
dispute resolution among staff members;
orientation of new Council Members;
organization of retreats and other special training events for Council
Members;
office accounting, office budget management and office budget prepara-
tion; and
developing, updating, and submitting for Council endorsement the Council
Member handbook every two years (usually at the end of even numbered
years, or at the beginning of odd numbered years, in order for a Council with
at least one year's experience to consider the endorsement).
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