City Council
Regular MeetingBlack Diamond, WA · July 14, 2026
Agenda
CITY OF BLACK DIAMOND
July 14, 2026, Regular Work Session
Council Chambers, 25510 Lawson Street, Black Diamond, WA 98010
THIS IS OFFERED AS A HYBRID MEETING AND MAY BE ATTENDED IN PERSON AT THE ABOVE NOTED ADDRESS
OR BY JOINING VIRTUAL/TELEPHONICALLY. CALL IN AND JOINING INFORMATION FOLLOWS:
Zoom link to join meeting:
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(Note: You do not need a web cam to join the meeting, but you will need audio to hear the proceedings.)
Meeting ID: 445 447 7047
Password: Council
Telephone dial in options:
+1 253 215 8782 US (Tacoma)
+1 206 337 9723 US (Seattle)
Meeting ID: 445 447 7047
Password:426953 (phone in only)
6:00 P.M. – CALL TO ORDER, FLAG SALUTE, ROLL CALL
1) Continued Review and Discussion on Council Rules of Procedure
ADJOURNMENT
Americans with Disabilities Act – Reasonable Accommodations Provided Upon Request (360-851-4564)
Packet
CITY OF BLACK DIAMOND
July 14, 2026, Regular Work Session
Council Chambers, 25510 Lawson Street, Black Diamond, WA 98010
THIS IS OFFERED AS A HYBRID MEETING AND MAY BE ATTENDED IN PERSON AT THE ABOVE NOTED ADDRESS
OR BY JOINING VIRTUAL/TELEPHONICALLY. CALL IN AND JOINING INFORMATION FOLLOWS:
Zoom link to join meeting:
https://zoom.us/j/4454477047?pwd=eGxRY3ZEeU14SVM2cGRBcUxCSjdmZz09
(Note: You do not need a web cam to join the meeting, but you will need audio to hear the proceedings.)
Meeting ID: 445 447 7047
Password: Council
Telephone dial in options:
+1 253 215 8782 US (Tacoma)
+1 206 337 9723 US (Seattle)
Meeting ID: 445 447 7047
Password:426953 (phone in only)
6:00 P.M. – CALL TO ORDER, FLAG SALUTE, ROLL CALL
1) Continued Review and Discussion on Council Rules of Procedure
ADJOURNMENT
Americans with Disabilities Act – Reasonable Accommodations Provided Upon Request (360-851-4564)
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF BLACK DIAMOND, WASHINGTON
TABLE OF CONTENTS
SECTION 1 -AUTHORITY .................... ................ ....... .............................. ............... .. ... 1
SECTION 2 - COUNCIL MEETINGS ........ ......... .... ....... ... ..... ... .... .. ......... ... ...... ....... .. ...... 2
2.1 Meetings Shall be Open to Public .................... .. ... ......... ......... ...... ........ ..... 2
2.2 Agenda .. ............ ......................... ...................... ............. ....... ... ......... ... ... ... .2
2.3 Minutes ..... ... .. .. ................. .... ........ .... .... ... ........ ... ....... .... .......... .. ..... .. .. ....... .2
2.4 Schedule of Regular Meetings ..... .... ........ .. ..... ..... .. .. ... ...... ............. ....... .... .2
2.5 Quorum Required .... ...... .... ........... ........... ....... .... .... ....... ......... ........... ..... ... .3
2.6 Holidays ........................ ...................................... .......... ....................... ...... 3
2.7 Study Sessions ......... .... ....................... .... ..... ....... ................................ .. .....3
2.8 Special Meetings ......... .... .... ...... .... ... .. .. ......... ....... ........... ... .. .. .... .... ....... .. ... 3
2.9 Emergency Meetings ................. ... ....... .. ........ ... ..... .. ...... .. ...... .. ........ ...... ..... 3
2.10 Executive and Closed Sessions ....... ... .. ......... .. .. ..... .............. ............... ... .. .3
2.11 Town Hall Meetings .... ....... ..... ... .... .......... ... .... .... .. .. ..... ...... .. ....... ...4
2.12 Disruption of Meetings .... ........ ....... .. .. .. .... .... .... ..... ....... ..... .. ... ...... .4
SECTION 3 - REGULAR COUNCIL MEETING ORDER OF BUSINESS ..................... ..4
3.1 Call to Order .. ... .......... ...... ..... ......... .. .. .... ...... .... ... ........ ........ .... .... ............ ... 4
3.2 Flag Salute ......... .... ..... .... ... ... .... ....... ................... .. ...... ....... .. .. ... ......... .... .... 4
3.3 Roll Call .. ....... ........... .. .. ..... .......... ... .... .... ... ........ ... ....... ...................... .. .... ...4
3.4 Agenda Review and Approval .......... ....... ....... .......................... ................ .. 5
3.5 Public Comments
3.6 Appointment, Announcements, Proclamations and Presentations ............. 5
3.6.1 Appointments .... .................... ............ .. .... .................. ....... ........... .. ......... .......... .. 5
3.6.2 Announcements ................. ... ................ ........ ......... .. .. .. .... ...... .. ... . 5
3.6.3 Proclamations .... ........ ... ... ... ..... ... ......... ........ .. ............ ... .............. . 5
3.6.4 Presentations ........................ .................................................. .... .. .................. ....5
3.6.5 Prohibited Topics ........... ... .......... .. ... ...... ........... ...... ............................................ 5
3.7 Public Comments ....... ......... ... .. ......... ........ .. ..... ... ..... ....... ....... ... .. .. 6
3.8 Legislative Public Hearings ............ ..... .. .. ........... ... ..................................... 6
3.9 Quasi-judical Hearings ..................... .. ................... ......... ....... ................ ... ..6
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3.10 Unfinished Business .................................................................. ... .. ... .... ..... 6
3.11 New Business, Ordinances and Resolutions ................ .. .. ... .. .. ......... ... .. ... ..6
3.11.1 New Business ........ ... .......... ..................... ................................ .. .. ... ............. .. .. .. 6
3.11.2 Ordinances .. ... ........ .. ............................. .. .... ...... ... .. .............. ..... .6
3.11.3 Resolutions ....... .......... ................................................................................... .... 7
3.12 Department Reports .... ........ .... ..... .... ....... ... ...... .. .... .. ......... ....... ...... ... .. ....... 7
3.13 Mayor's Report ........... ................ ............................... ............. ... ......... .... .... 7
3.14 Councilmember Reports .............................................................................?
3.15 City Attorney Report .. .... .. .... ....... ...... ..... .... ....... .... ... ... ........................... .... .7
3.16 Public Comments ...... ................................................... ... ....... .... .... 7
3.17 Executive Session ........................... .. ..... ..................... ... .......... ...... ........ .... 7
3.18 Adjournment .. .... ....... ..... ......... ... ........ .. .......... .... ........ ... ..... ......... .. .. ..... ... .. ..?
3.19 Recess .................................................................................................. ..... 7
SECTION 4 - PRESIDING OFFICER. .... .... .............. .. ... ................. ....... ........ ....... ....... .... 7
4.1 Who Shall Act as Presiding Officer ............................ .. ....................... ........ 7
4.2 Duties of Presiding Officer .. ........ ........ .... ....... ... ........................ .................. ?
4.3 Reordering Items on Agenda ....... ...... .... ...... ..... .. ..... .... .. ... ........... .. ....... ... .. .8
4.4 Limitations on Political Speech ...... .. ........................................................... 8
4.5 Duties and Authority of Mayor Not Limited ..... . ... ...... ... ................. .. ..... 8
SECTION 5 - COUNCILMEMBERS .. ... ........................................................................... 8
5.1 Council member Attendance at Meetings ........ ......... ................................... 8
5.1.1 Excused Absence .... ...... ................................................................. -............ 8
5.1.2 Excessive Absence Shall Create Vacancy ................................................. 8
5.1.3 Telephonic or Other Electronic Attendance ...... .... ... ......... ........ ..... .... ........ .9
5.2 Remarks .................... ...... ..... ... ..... .... .... .... ... ........ ......... ..... .. ... ...... ..... ..... .... 9
5.3 Questioning ... .. ......... ...... .. .. ........ ...... ... ....... ..... ...... .... ........ ... .... .............. .... 9
5.4 Limitations on Political Speech ................................................................... 9
SECTION 6- DEBATES ................................................ ................................... ... .... ..... .. 9
6.1 Speaking to the Motion ..................................... .......................................... 9
6.2 Interruption .............. ..... .. ......... ... .... .. ... .... .. .. .... ... ......... .. ...... .... .. ........... .... .. 9
6.3 Courtesy ............................................................................................... ...... 9
6.4 Violations ..... ................ ......... ... ...... ........ ....... ...... ..... .... ...... .. .... ....... .. ..... ... 10
6.5 Challenge to Ruling .................................................................................. 10
6.6 Amendment of Rules .. ...... .... ... .. ..... ... .. ... ...... .... ..... ... ...... ..... ........ 10
SECTION 7- PARLIAMENTARY PROCEDURES AND MOTIONS ........... ..... ... ... .... ... 10
7.1 Robert's Rules Supplementary .... ................ .................... .... ... .................. 10
7.2 Motions ...................... ... ... .... .. ..... ......... .. ........................ .. ....... .... .. ... .. ... ... . 10
7.3 Waiver of Rules ....................................................... ................... 12
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SECTION 8 - VOTING ........ .. ...... ...... .... ............... ... ..... .... ..... ...... .... .............. ...... ......... . 12
8.1 Voice Vote ... ....................... ..... ................................................................ . 12
8.2 Roll Call Vote .... ........ .... ......................................... ............ .... ................. .. 12
8.3 Abstentions ................ .... .. ...... ....... ... ..... ............ .... ............. .............. ..... .... 12
8.4 Votes by Mayor ... .... ..... .. .................. ............ ........ .. .. .... ......... .......... ........ . 13
8.5 Votes by Councilmember Serving as Presiding Officer ... ..................... .... 13
8.6 Effect of Challenges Based on Conflict of Interest or Appearance of
Fairness ..... ..... .................. .. ............... ............... .... ....... ...... ..... ........... ..... .. 13
8.7 Failure to Vote ............... ... ... ........ .... ........ .... ........................... .. .. 14
SECTION 9-ORDINANCES AND RESOLUTIONS .... ................................................. 14
SECTION 10 - PUBLIC COMMENTS ......................................................... ...... ... ....... .. 15
10.1 Requesting to Speak ...... ... ............. .... .... ......... ......... ......... ... ... ................. 15
10.2 Time Limit. .. ................. .... ............ ....... .... ......... ...... ... .... ... ....... ...... ... .. ....... 15
10.3 Advertising or Promoting Political Cause is Prohibited ............................. 15
10.4 Other Prohibited Remarks ............. ........ .. ... ...... ... .... ........................ ........ . 16
SECTION 11 - LEGISLATIVE AND QUASI-JUDICIAL HEARINGS ....... .. .. .. .. ..... ... ...... . 16
11.1 Legislative Hearings .... .... ...................................... .. ... .. ...... ........ .. ... ... ... .. . 16
11.2 Quasi-judicial Hearings ..................................................... .. ..... ............. ... 16
SECTION 12-TOWN HALL MEETINGS .. .. .... .:..... .. ....... .... .. ... ...... .... ... .... ......... ... ... ..:. 18
SECTION 13- MAYOR PRO TEMPORE SELECTION PROCESS ...... ........................ 18
SECTION 14-SELECTING A COUNCIL MEMBER PRO TEMPORE OR FILLING
A VACANT COUNCIL POSITION ..... ...... .... .......... ..... ... ... ......... ... .... ... . 19
14.1 Selecting a Councilmember Pro Tempore .. ...... ..... ......... ...................... ... . 19
14.2 Filling Vacant Council Position .......... ............... ........................................ 19
SECTION 15 - COUNCIL MEETING STAFFING .. .... ... .... ........ ......... ... ... ...... .... ... ......... 19
SECTION 16- COUNCIL RELATIONS WITH STAFF ........ .. ................. ..... .. ................ 19
SECTION 17 - APPOINTMENT BY MAYOR & CONFIRMATION BY CITY
COUNCIL - WHEN REQUIRED ...... ... ... ..... .. .. ... ....... .. ................ ..... .... 20
17.1 Mayor's Power to Appoint.. .............. ...... ...... .. ......... .. ........ ........ ...... .... .. .... 20
17.2 Confirmation by Council .................. .. ....................................................... 20
SECTION 18-COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS ......... . 20
18.1 Council Standing Committees ....... .. ................. ....... ...... .. ......... .... ... ...... ... 20
18.2 Task Force Committees and Intergovernmental Groups ................... ....... 22
18.3 Advisory Boards, Committees and Commissions ..................................... 23
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SECTION 19 - SPEAKING WHEN REPRESENTING THE CITY COUNCIL ... .. .. ......... 23
19.1 An Official City Position Requires a Public Vote .. .... .... ... ..... .... ... .... .. ........ 23
19.2 Personal Opinions Must Be Distinguished From City Positions on an
lssue ............ ... ..... .... ..... .. ... ............................. ..... .. ..... .. ..... ... .... ................ 23
19.3 Social Media Usage by Councilmembers 24
SECTION 20 - TRAVEL AUTHORIZATION ....... .. .. ... ........ ....... ... .. .............. .................. 26
SECTION 21 - CONFIDENTIALITY ..... ...... ............................. .. ................. .. .... ............. 27
21.1 In General. ... ... .. ........ .... ...... .......................... ...... ......... .... ..... ..... ..... ... ..... ..27
21 .2 Executive Sessions ........ .... ... ... ... ... ..... ... ....... ..... ....... .... ......... .. ........ ...... ..27
SECTION 22-SEVERABILITY ........................... .... ....... .................................. 27
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RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF BLACK DIAMOND, WASHINGTON
SECTION 1 - AUTHORITY
In accordance with RCW 35A.12.120, 35A.12.100 and 35.A.11 .020 the Black Diamond
City Council hereby establishes the following rules for the conduct of Council meetings,
proceedings and business. These rules shall take effect upon adoption by resolution of
the Council and remain in effect until such time as they are amended or new rules are
adopted in the manner provided for by these rules.
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SECTION 2 - COUNCIL MEETING
2.1 Meeting Shall be Open to Public. All meetings shall be open to the public and all
persons shall be permitted to attend any meeting of this body, except as provided in
Chapter 42.30 RCW 42.30.RCW (the Open Public Meetings Act). Under RCW 42.30.040,
no person at the meeting shall be required to register to provide other information, to
complete a questionnaire, or otherwise comply with any other conditions as a precondition
to be allowed to attend. However, persons wishing to address the Council or otherwise
present information to the Council during a Council meeting may be requested to register
and identify themselves and their home address. Persons who disrupt a meeting of the
Council may lose the right to be present for the remainder of the meeting. See Section
2.12
2.2 Agenda. The City Clerk shall be responsible for preparing and publishing agendas
for all City Council meetings that specify the time and place of the meeting and set forth
a brief general description of each item to be considered by the Council. The agenda is
subject to approval by the Mayor or the Mayor's designee prior to publication . The agenda
for a Special Council Meeting may not be amended. All items to be included on the
agenda for consideration at a Council meeting should be submitted to the City Clerk in
full no later than 10:00 a.m . nine days prior to the scheduled Council meeting. After this
time, inclusion of an item on the published agenda will be at the discretion of the Clerk,
upon consultation with the Mayor. Once the agenda has been finalized, published, and
provided to the Council, the Council may decline to consider additional items at the
meeting for which the agenda was prepared, or postpone consideration of such items
until a future Council meeting date, which date shall be specified by the Council.
2.3 Minutes. The City Clerk shall prepare action minutes for all the Council meetings,
which minutes shall contain an account of all official actions of the Council. Council
meetings shall be electronically recorded and retained for the period of time as provided
by State law. No changes shall be made to minutes except by motion approved by a
majority of the Council at a properly noticed meeting.
2.4 Schedule of Regular Meetings. In accordance with BDMC 2.04.010 , the regular
meetings of the City Council shall be held on the first and third Thursdays of every month
at 7:00 p.m . in the City Council Chambers located at 25510 Lawson Street,
Black Diamond, Washington. The regular meeting location may be changed by a majority
vote of the City Council. A work session of the City Council will be held on the second
Thursday of the month at 6:00 p. m. Town Hall meetings shall be held semi-annually
(March and October) on the second Thursday of the month at 7:00 p.m. following the
regular Work Session in the City Council Chambers located at 25510 Lawson Street,
Black Diamond, Washington. The Town Hall Meeting will be adjourned by 9:00 p.m.
unless otherwise amended by a majority vote of the Council. Council meetings, work
sessions and/or Town Hall meetings may be cancelled and/or rescheduled by a majority
vote of the Council in an open public meeting. The Mayor or a majority of the City Council
may, on an emergency basis, cancel a meeting due to unforeseen events.
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2.5 Quorum Required. The presence of a majority of the whole membership of the
Council who are also eligible to vote at a Council meeting shall constitute a quorum.
Should less than a quorum be present at the time of roll call, any Councilmember present
may, upon belief that late arrival of one or more Councilmembers will enable a quorum to
be created, make a motion that the Council meeting be recessed for up to one hour;
should a quorum still be lacking at the end of the recess period, the meeting shall be
adjourned. As authorized under RCW 42.30.090, the City Clerk may adjourn the meeting
if all Councilmembers are absent.
2.6 Holidays. Should a scheduled Council meeting fall on a legal holiday, the meeting
shall be rescheduled to the next business day that is not a legal holiday or to another day
certain by majority vote of Councilmembers present.
2. 7 Study Sessions. Study sessions, or meetings to review upcoming and pertinent
business of the City, may be scheduled as special meetings of the Council subject to the
same notification procedures set forth below for special meetings. No public testimony
will be allowed during study sessions.
2.8 Special Meetings. In accordance with chapter 42.30.080 RCW, a special meeting
of the City Council may be called by the Mayor or at the request of three (3) members of
the City Council. If the City Clerk receives a request for a special meeting from three (3)
members of the City Council , then the City Clerk shall prepare a notice of the special
meeting stating the time, place and business to be transacted. The City Clerk shall
attempt to notify each member of the Council, either by telephone, e-mail, or otherwise,
of the special meeting. The City Clerk shall give at least 24 hours' notice of the special
meeting to each local newspaper of general circulation and to each local radio and/or
television station which has filed with the clerk a written request to be notified of special
meetings. No subjects other than those specified in the notice shall be considered at the
special meeting. The Council may not make final disposition of any matter not mentioned
in the notice.
Special meetings may be called in less than 24 hours, and without the notice required in
this section , to deal with City emergencies involving injury or damage to persons or
property or the likelihood of such injury or damage if the notice requirements would be
impractical or increase the likelihood of such injury or damage.
2.9 Emergency Meetings. In accordance with RCW 42.30.070 and .080, if, by reason
of fire , flood, earthquake, or other emergency, there is a need for expedited action by the
City Council to meet the emergency, the Presiding Officer of the Council may provide for
a meeting site other than the regular meeting site and the public meeting notice
requirements shall be suspended during the emergency.
2.10 Executive and Closed Sessions. An executive session is a Council meeting that
is closed except to the Council, the Mayor, the City Administrator, the City Attorney and
staff members or others authorized to attend by the Mayor or a majority of
Councilmembers present. In accordance with RCW 42.30.030 and .110, other persons
and members of the public are prohibited from attending executive sessions.
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Executive sessions may be held during regular Council meetings, Special Council
meetings, or Council Study Sessions. In addition, the Council may retire to hold an
executive session during any one of these meetings. When this occurs, the portions of
the meeting that are not part of the executive session shall continue to be open to the
public. Prior to convening an executive session, the Presiding Officer shall make an
announcement that an executive session is being held and inform the public when the
executive session shall end; provided that, the ending time of an executive session may
be extended by announcement of the Presiding Officer. Executive sessions may only be
called to consider such matters as authorized by RCW 42.30.110.
No votes, straw polls, or decisions on final action shall be made in Executive or
Closed Sessions. Discussions occurring during executive sessions are confidential, and
violation of confidentiality by any participant in an executive session may subject the
violator to censure by the Council, up to and including exclusion from future executive
sessions if so determined by a public vote of a majority of the entire Council.
2.11 Town Hall Meetings. Town Hall meetings are informal events that provide the City
Council and members of the Black Diamond Community an opportunity to discuss
emerging issues and matters of local or general concern .
2.12 Disruption of Meetings. As authorized by RCW 42.30 .050, should any Council
meeting be interrupted by a person or group of persons so as to render the orderly
conduct of such meeting unfeasible, such person or persons causing the interruption may
be ordered removed by the Mayor, unless overruled by the Council from the meeting and
prohibited from returning to attend the remainder of the meeting . If necessary to restore
order, the Council may order the meeting room cleared and continue in session or may
adjourn the meeting and reconvene at another location selected by majority vote of the
Councilmembers present. In such a session, final disposition may be taken only on
matters that appear on the agenda. The Council shall allow any members of the public
or representatives of the media who were not participating in the disturbance to attend
any session that follows the disturbance, except an executive session, provided that the
Council is not prohibited from establishing a procedure for readmitting individuals who
were not responsible for disturbing the orderly conduct of the meeting.
SECTION 3 - REGULAR COUNCIL MEETING ORDER OF BUSINESS
The form of agenda of a Regular City Council meeting shall be as follows:
3.1 Call to Order. The Presiding Officer shall call the meeting to order.
3.2 Flag Salute. The Presiding Officer shall lead the flag salute. However, the
Presiding Officer may designate a Councilmember or other person to lead the flag salute.
3.3 Roll Call. The City Clerk will call the roll and determine whether a quorum is
satisfied. See Section 2.5.
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3.4 Agenda Review and Approval. The Presiding Officer shall announce any changes
to the Council's published agenda and present the agenda for approval. The Council may
add, delete or amend agenda items by two-thirds majority vote of the members present.
The order of the agenda may only be changed by a two-thirds vote of the majority of the
Council Members present to suspend the rules and change the order of the agenda.
Without the necessity of any vote thereon , the Presiding Officer may present matters to
the Council for discussion, consideration, and/or voting.
3.5 Public Comments. Members of the audience may comment on any matter related
to City business during the Public Comment period, except where prohibited by RCW
42.17A.555. See Section 10.
3.6 Appointments, Announcements, Proclamations and Presentations.
3.6.1 Appointments. In accordance with the Black Diamond Municipal Code and
these Rules of Procedure, individuals appointed by the Mayor to hold
positions within City government or on various committees, boards and
commissions may require confirmation by the Council. Where confirmation
is required, the vote of the Council may be preceded by discussion in
executive session. See SECTION 17 and SECTION 18.
3.6.2 Announcements. An announcement is a brief statement that informs the
public of an event or happening of general interest. However, it cannot be
a statement regarding a subject prohibited below Subsection 3.5.5
3.6.3 Proclamations. A proclamation is an official announcement made by the
Mayor or the City Council regarding a non-controversial event, activity or
special interest group which has had a major city-wide impact. The Mayor
will read the proclamation and may invite guests to speak on the topic for
no more than five (5) minutes.
3.6.4 Presentations. Any person(s) or organization(s) wishing to make a
presentation to the Council must first submit a completed "Request to be on
Council Agenda Form" with the City Clerk. The request should be made at
least two weeks prior to the intended Council date. The Mayor or the
Mayor's designee will determine if the proposed presentation is approved
and will notify the applicant of the selected meeting date. If the presentation
is not approved , the Mayor or the Mayor's designee will notify the applicant
of the decision and the reason(s) for the decision. Presentations will not
last more than five (5) minutes in length unless given at the request of the
Mayor or Mayor's designee. Upon motion and approval of a majority of
Councilmembers present, the Council may authorize presentations and
may determine their length.
3.6.5 Prohibited Topics. Except as authorized or required by RCW 42.17A.555,
no person may use this time to address the Council for the purpose of
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assisting a campaign for election of a person to any office or for the
promotion of, or opposition to, any ballot proposition . Further, no person
may use this time to address the Council for the purpose of advertising
3.7 Consent Agenda. Approval of the Consent Agenda, including items considered to
be routine and non-controversial, may be approved by one motion. Any Councilmember
may remove any item from the Consent Agenda for separate discussion and action. Items
on the Consent Agenda include but are not limited to the following:
a. Approval of minutes.
b. Fixing dates for public hearings and appeals.
c. Approval of claims, vouchers and payroll, bid awards and contracts.
d. Approval of property as surplus.
e. Authorization of grant applications.
f. Approval of interlocal agreements or other contracts.
g. Other items designated by the City Council.
3.8 Legislative Public Hearings. Individuals may comment on legislative decisions
regarding matters of policy. See Section 11.
3.9 Quasi-judicial Hearings. More formal proceedings are held to determine the legal
rights of specific parties, which include the receipt of proponent and opponent testimony.
See Section 11.
3.10 Unfinished Business. Unfinished business consists of subjects discussed by the
Council at a previous regular or special meeting and which have been placed on the
agenda for additional discussion or resolution.
3.11 New Business, Ordinances and Resolutions.
3.11.1 New Business. New business shall mean topics or issues that have not
previously been before the City Council for discussion or other action, other
than ordinances and resolutions.
3.11.2 Ordinances. Ordinances prescribe general, uniform, and permanent rules
of conduct and constitute the local law of the City of Black Diamond. See
Section 9. 1.
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3.11.3 Resolutions. Resolutions concern matters of special, temporary, or
ministerial character and express the opinion or mind of the City Council.
See Section 9.2
3.12 Department Reports. Department Directors may report on action and activities of
their respective departments.
3.13 Mayor's Report. The Mayor may report on significant activities since the last
regular meeting, inquire on matters of general City business, or initiate investigation or
action on a matter of concern.
3.14 Councilmember Reports. Councilmembers may report on Council committee
discussions or other significant activities since the last regular meeting, or on matters of
general City business, or may initiate investigation or action on a matter of concern.
3.15 City Attorney Report. The City Attorney may report on legally significant events or
activities.
3.16 Public Comments. Members of the audience may request to comment on any
issue discussed during the Council meeting. Comments will be allowed subject to the
time limits and other restrictions in Section 10.
3.17 Executive Session. In accordance with RCW 42.30 .030 and .110, executive
sessions are closed to the general public. See Section .2.8.
3.18 Adjournment. With no further business to come before the Council, the Presiding
Officer may request a vote to adjourn the meeting.
3.19 Recess. The foregoing agenda may be interrupted for a stated time as called by
the Presiding Officer or majority of the City Council to recess for any reason, including
executive sessions .
SECTION 4 - PRESIDING OFFICER
4.1 Who Shall Act as Presiding Officer.
4.1 .1 The Mayor shall act as Presiding Officer at all meetings of the Council
unless absent; in the absence of the Mayor, the Mayor Pro Tern will act as
Presiding Officer. If both the Mayor and Mayor Pro Tern are absent and a
quorum is present, the Council shall elect one of its members to serve as
Presiding Officer until the return of the Mayor or Mayor Pro Tern. See
Section 13.
4.2 Duties of Presiding Officer. The duties of the Presiding Officer shall be to:
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4.2.1 Preserve order and decorum at all meetings of the Council and cause the
removal of any person from any meeting for disorderly conduct.
4.2.2 Observe and enforce all rules adopted by the Council.
4.2.3 Recognize Councilmembers in the order in which they request the floor, and
recognize every Councilmember who wishes an opportunity to speak;
provided that, the mover of a motion shall be permitted to debate it first;
provided further that, the Presiding Officer may allow discussion of an issue
prior to the stating of a motion when such discussion would facilitate
wording of a motion.
4.3 Reordering Items on Agenda. Without the necessity of any vote thereon, Presiding
Officer may present matters before the Council for discussion, consideration and voting
in a different order than they appear in the agenda when matters on the agenda are able
to be placed under more than one classification or category.
4.4 Limitations on Political Speech. Except where the Council is properly considering
a motion regarding whether the City shall take an official position on a political issue in
accordance with RCW 42 .17A.555, no Black Diamond elected official shall use a Council
meeting to express an opinion in support of or in opposition to a candidate for public office
or a ballot measure. See also Section 19.
4.5 Duties and Authority of Mayor Not Limited. These rules do not limit the duties and
authority of the Mayor as specified in RCW 35A.12.100. •
SECTION 5 - COUNCILMEMBERS
5.1 Councilmember Attendance at Meetings.
5.1.1 Excused Absence. Councilmembers shall inform the Mayor or City Clerk in
advance if the Councilmember will be unable to attend, or will be late to
attend , any Council meeting . The Presiding Officer shall then announce
during roll call that the Councilmember will be absent or late. Any absence
following prior notice to the Mayor or City Clerk shall be noted in the minutes
as an excused absence. Absence at a scheduled Council meeting due to
sudden illness or emergency shall be noted in the minutes as an excused
absence. Absences shall also be excused for the death of a family member,
family or personal illness, inclement weather, accident, scheduled
vacations, and other unusual or unforeseen circumstances.
5.1.2 Excessive Absence Shall Create Vacancy. In accordance with RCW
35A.12.060, a Councilmember's position shall be deemed vacant if that
Councilmember has three (3) consecutive unexcused absences from
Regular Council meetings.
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5.1 .3 Telephonic or Other Electronic Attendance. Any Councilmember may
attend any Council meeting by telephone, video conference, or other
electronic means as long as all other persons present at the meeting can
hear or otherwise understand all comments made and questions asked by
the Councilmember and the Councilmember can hear or otherwise
understand all comments made and questions asked by all other persons
speaking at the meeting . The City Clerk shall reflect in the meeting minutes
Councilmember attendance by telephone, video conference, or other
electronic means.
5.2 Remarks. Councilmembers desiring to speak shall address the Presiding Officer
and, when recognized, shall confine their remarks to matters currently under discussion,
provided that a Councilmember may move to have a different matter considered by the
Council, subject to these Rules of Procedure. Council Members may read prepared
comments provided that printed copies of the prepared comments are furnished to other
Council Members and the City Clerk. Council Members shall not read from part of a
manuscript or book unless permitted by the majority vote of the Council Members present.
5.3 Questioning . Any Councilmember, including the Presiding Officer, 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 that would constitute a cross-examination of or an
attempt to ridicule or degrade the individual being questioned.
5.4 Limitations on Political Speech. Except where the Council is properly considering
a motion regarding whether the City shall take an official position on a political issue in
accordance with RCW 42.17A.555, no Black Diamond elected official shall use a Council
meeting as an occasion to express an opinion in support of or in opposition to a candidate
for public office or a ballot measure. See also Section 19.
SECTION 6- DEBATES
6.1 Speaking to the Motion. Councilmembers may speak on the motion at the time
the motion is before the Council.
6.2 Interruption. No Councilmember, 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 Subsection 4.2.1 of these
rules.
6.3 Courtesy. In the discussion, comments, or debate of any matter or issue, all
speakers, including the Presiding Officer and Council members, shall be courteous in
their language and deportment, and shall not discuss or comment on personalities, or
indulge in derogatory remarks or make insinuations about any other Councilmember, or
any member of the staff or the public, but shall at all times confine their remarks only to
those facts which are germane and relevant to the question or matter under discussion.
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6.4 Violations. If a Councilmember violates these rules on debates, the Presiding
Officer shall call such member to order, and the offending member shall be silent except
to explain or continue in order. If the Presiding Officer violates these rules on debate or
fails to call other members to order, any other Councilmember may, under a point of order,
call the Presiding Officer or such other offending member to order, and the person being
called to order shall be silent except to explain or continue in order.
6.5 Challenge to Ruling. Any Councilmember shall have the right to challenge any
action or ruling of the Presiding Officer or other member, as the case may be, in which
case the decision of the majority of the Councilmembers present shall govern.
6.6 Amendment of Rules. These rules may be amended or new rules adopted, by a
two thirds or greater majority vote of the full Council at a regular or special City Council
meeting. Waiver or suspension of the rules requires a two-thirds or greater majority vote
by Councilmembers.
SECTION 7- PARLIAMENTARY PROCEDURES AND MOTIONS
7.1 Robert's Rules Supplementary. Except as provided in these Rules of Procedure,
all City Council meetings shall be governed by ROBERTS RULES OF ORDER, NEWLY
REVISED (latest edition). The City Attorney shall act as Parliamentarian when present;
otherwise, the City Clerk shall act as Parliamentarian. If the Parliamentarian determines
that a procedural issue is not adequately addressed by these Rules of Procedure or by
Robert's Rules, the Council may handle the issue in any way that the majority of members
who are present agrees is appropriate and which, in the opinion of the Parliamentarian ,
is not prohibited by law. Notwithstanding the foregoing , the proceedings of the Council
may be conducted in an efficient and consensus based manner.
7 .2 Motions.
7.2.1 If a motion does not receive a second, it dies.
7.2.2 Matters that do not constitute a motion include: nominations; withdrawal of
motion by the person making the motion; request for a roll call vote; point of
order or privilege. Because these matters are not motions, a second is not
needed.
7.2.3 A Councilmember may abstain from voting on a motion because of a conflict
of interest or to preserve the appearance of fairness, but cannot then
participate in discussion or argument about the motion. See Subsection
8.3.
7.2.4 A motion that receives a tie vote is deemed to have failed; provided that,
except where prohibited by RCW 35A.12.100 or other law, the Mayor shall
be allowed to vote to break a tie vote.
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7.2.5 When making motions, Councilmembers shall be clear and concise and not
include arguments for the motion within the motion.
7.2.6 After a motion has been made and seconded, Councilmembers may
discuss their opinions on the issue prior to the vote.
7.2.7 A motion may be withdrawn by the maker of the motion at any time without
the consent of the Council.
7.2.8 A "motion to table" is non-debatable 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 necessitate the
interruption of the Councilmembers' consideration of the matter then before
them. A motion to table, if passed, shall cause the subject matter to be
tabled until the interrupting circumstances or situations have been resolved,
or until a time certain, if specified in the motion to table. To remove an item
from the table in advance of the time certain requires an affirmative vote of
at least a majority of the whole membership of the Council.
7.2.9 A "motion to postpone to a certain time" is debatable and amendable and
may be reconsidered at the same meeting. The question being postponed
must be considered at a later time at the same meeting, or may be
postponed to a date certain at a future Regular or Special City Council
meeting.
7.2.10 A "motion to postpone indefinitely" is debatable but not amendable, and
may only be reconsidered at the same meeting if it receives an affirmative
vote of at least a majority of Councilmembers present.
7.2.11 A "motion to call for the question" shall immediately close debate on the
main motion and is not debatable. This motion must receive a second and
fails without an affirmative vote of at least all of the Councilmembers
present minus one. Debate is reopened if the motion fails.
7.2.12 A "motion to amend" is a motion to modify the wording of a pending motion
before that pending motion is voted upon by the Council, by inserting,
adding, striking out, striking out and inserting, or substituting language. A
motion to amend must be seconded. However, some motions cannot be
amended. See Subsection 7. 2. 13.
7.2.13 Motions that cannot be amended include: motion to adjourn; motion to lay
on the table; motion to take from the table; motion for roll call vote; motion
to reconsider; point of order; motion to amend. (A motion to amend an
amendment is allowed.)
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7 .2.14 Amendments shall be voted on first, then the main motion as amended (if
the amendment received an affirmative vote).
7 .2.15 Debate of the motion only occurs after the motion has been moved and
seconded.
7 .2.16 The Mayor, City Attorney or City Clerk shall repeat the motion prior to
voting by the Council.
7.2.17 The City Clerk shall take a roll call vote, if requested by the Mayor, City
Attorney, a Councilmember, or as required by law.
7.2.18 When a question has been decided, any Councilmember who voted in the
majority may move for reconsideration, but no motion for reconsideration
of a vote shall be made until the next Regular City Council meeting.
7.2.19 These rules may be amended, or new rules adopted, by a vote of at least
two-thirds of the full Council at a Regular or Special City Council meeting.
7.3 Waiver of Rules. The Council may, by motion that carries with an affirmative vote
of two-thirds or greater majority of the Council, waive, suspend, or modify these Rules of
Procedure.
SECTION 8 - VOTING
8.1 Voice Vote. In general, voice votes shall be used. Voice votes are a generalized
verbal indication by the Council as a whole of "yea or nay" on a matter, the outcome of
which vote shall be recorded in the official minutes of the Council. Silence of a
Councilmember during a voice vote shall be recorded as a vote with the prevailing side,
except where the Councilmember abstains from participation, discussion and voting
because of a stated conflict of interest, to preserve the appearance of fairness, or for
other good cause. See Subsection 8.3. The Presiding Officer shall announce the
outcome of each voice vote immediately thereafter and the result of each vote shall be
recorded in the minutes.
8.2 Roll Call Vote. A roll call vote may be requested by the Mayor or by any
Councilmember. When a roll call vote has been requested, the Clerk shall call upon each
Councilmember and request an individual "yes or no". The Presiding Officer shall
announce the result of the vote immediately thereafter and the result of the vote shall be
recorded in the minutes.
8.3 Abstentions.
8.3.1 Abstention allowed for conflict of interest or appearance of fairness. It is the
responsibility of each Councilmember to vote when requested on a matter
before the full Council. However, a Councilmember may abstain from
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discussion and voting on a question because of a stated conflict of interest
or to preserve the appearance of fairness. Should the City Attorney indicate
that the Mayor or a Councilmember is required to abstain from further
participation on an issue, the affected person must abstain except where
abstention would result in a lack of a quorum (or lack of a majority vote
where required by law). See Subsection 8.6.1. Failure to abstain may
cause delay in proceedings to allow court intervention. See Subsection
8.6.3.
8.3 .2 Notice of intent to abstain required . Notice of intent to abstain shall be given
prior to any discussion or participation on the subject matter or as soon
thereafter as the Mayor or Councilmember perceives a need to abstain .
8.3.3 Need to abstain shall be confirmed by City Attorney. Prior to the time that
the Mayor or a Councilmember gives notice of intent to abstain , the affected
person shall confer with the City Attorney to determine if abstention is truly
required. 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 is scheduled to come before the City Council. If that
cannot be done, the affected person should advise the City Council that he
or she has an "abstention question" that he or she wants to review with the
City Attorney. A brief recess should then be taken for that purpose.
8.3.4 Abstaining member shall advise the Council and end participation. After
conferring with the City Attorney, the Mayor or Councilmember wishing to
abstain from a vote because of a conflict of interest or to preserve the
appearance of fairness shall so advise the Council, and shall then remove
and absent himself or herself from the Council's deliberations and
considerations of the motion, and shall have no further participation in the
matter.
8.4 Votes by Mayor. Except where prohibited by law, the Mayor may only vote to break
a tie vote of the Council and only with respect to matters other than the passage of any
ordinance, grant, or revocation of franchise or license, or any resolution for the payment
of money.
8.5 Votes by Councilmember Serving as Presiding Officer. In accordance with RCW
35A.12.110, a Councilmember serving as Presiding Officer in the absence of the Mayor
shall have the same rights to vote on matters before the Council as the person would
otherwise have as a Councilmember.
8.6 Effect of Challenges Based on Conflict of Interest or Appearance of Fairness.
8.6.1 If abstention removes quorum or majority. Should the City Attorney
determine that the participation of the Mayor or a Councilmember in
discussion and voting on an issue would be a conflict of interest or appear
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to violate the appearance of fairness doctrine, or any specific part of
chapter 42.36 RCW, that person shall abstain from further participation
unless, as provided by RCW 42.36.090, a challenge to a member or
members of the decision-making body would cause a lack of a quorum or
would result in a failure to obtain a majority vote as required by law; in such
cases, any challenged member(s) shall be permitted to fully participate in
the proceedings and vote as though the challenge had not occurred if the
member(s) publicly disclose the basis for disqualification prior to rendering
a decision and each party has a full opportunity to present regarding the
information relating to the issues. Such participation shall not subject the
decision to a challenge by reason of violation of the appearance of fairness
doctrine.
8.6.2 Refusal to Abstain. Should the Mayor or a Councilmember refuse to abstain
from participation and voting on an issue after the City Attorney has
determined that abstention is necessary, the challenged person may be
disqualified from participating and voting on that issue upon a vote to
disqualify that is passed by a majority of the other Councilmembers present
who are eligible to vote on the underlying issue.
8.6.3 Failure to Abstain. Should the Mayor or a Councilmember fail to abstain
from participation and voting on an issue where that officer knows or should
have known that a conflict of interest is present or that the appearance of
fairness would be compromised, such failure to abstain by the Mayor or
Councilmember shall be presumed to constitute a lack of good faith for
purposes of officer indemnity under RCW 4.96.041; provided that, nothing
herein shall preclude the Council from determining that the Mayor or
Councilmember acted in good faith upon a failure to abstain.
8.7 Failure to Vote. In the absence of an abstention on the basis of a conflict of
interest, appearance of fairness, or other good cause, an abstention or failure to vote of
a Councilmember present at the proceeding shall constitute an affirmative vote on the
proposition or motion before the Council.
SECTION 9 - ORDINANCES AND RESOLUTIONS
9.1 Ordinances. All ordinances shall be reviewed by the City Attorney. No ordinance
shall be prepared or presented to the Council unless requested by two members of the
Council, the Chair of a Council Committee, the Mayor, or the City Administrator. Unless
waived, all ordinances shall be in writing, and the titles thereof shall be read aloud by the
Presiding Officer prior to a vote being called. A motion and a second are required to bring
an ordinance to a vote.
In accordance with RCW 35A.12.120 and .130, an ordinance must be adopted by
the affirmative vote of at least a majority of the Councilmembers present, subject to the
Mayor's approval and Council reconsideration of a mayoral veto; provided that, public
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emergency ordinances require an affirmative vote of at least a majority plus one of the
whole membership of the Council. A public emergency ordinance is one designated to
protect public health, public safety, public property, or public peace.
In accordance with RCW 35A.12.160, either the full text of the ordinance or a
summary shall be published as soon as practicable in the City's designated official
newspaper after adoption. An ordinance becomes effective five (5) days after publication
unless otherwise specified in the ordinance or as required by law.
9.2 Resolutions. Resolutions may be prepared or presented to the Council at the
request of two Councilmembers, the Chair of a Council Committee, the Mayor, or the City
Administrator and shall be reviewed by the City Attorney prior to presentation to the City
Council for review and approval. All resolutions shall be in writing, and the titles thereof
shall be read aloud by the Presiding Officer prior to a vote being called on their passage.
A request for a full reading of a resolution need not be seconded.
Discussion and debate by the City Council on resolutions will be held prior to the
vote on a resolution. Prior to voting on passage of a resolution, the Council may decide
by majority vote to amend the resolution or direct staff to review the proposed resolution
and make a report to the Council.
A resolution must be passed by an affirmative vote of at least a majority of the
Councilmembers present; if passed, the resolution becomes effective immediately.
SECTION 10- PUBLIC COMMENTS
10.1 Requesting to Speak. During the Public Comment period, members of the
audience may comment on any matter related to City business. Persons addressing the
Council who are not specifically scheduled on the agenda will be requested to fill out the
speaker sign-in sheet at the City Clerk's desk, then step up to the podium, give their name
and address for the record. All remarks must 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 when warranted. See Subsection 3. 1.4 for requests to make special
presentations to the Council.
10.2 Time Limit. Comments are limited to three (3) minutes per person. The Presiding
Officer may adjust the time restrictions when warranted by special circumstances and
after approval of a majority of Councilmembers present.
10.3 Advertising or Promoting Political Cause is Prohibited. Except as authorized or
required by RCW 42.17A.555, no person may address the Council for the purpose of
assisting a campaign for election of a person to any office or for the promotion of, or
opposition to, any ballot proposition. Further, no person may address the Council for the
purpose of advertising any item, service, or product for profit or otherwise.
10.4 Other Prohibited Remarks. Any person who causes actual disruption by making
personal attacks, using hate speech, making slanderous remarks or other disruptive
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conduct while addressing the Council shall be barred from further participation by the
Presiding Officer, unless permission to continue is granted by a majority vote of
Councilmembers present.
SECTION 11 - LEGISLATIVE AND QUASI-JUDICIAL HEARINGS
11.1 Legislative Hearings. Legislative public hearings are held to obtain public input on
legislative decisions on matters of policy and in some instances are required by state law.
11.1.1 Before opening a legislative public hearing, the Presiding Officer shall state
the hearing procedures.
11.1.2 The Department Director or the Director's designee shall present the issue
to the Council and respond to questions.
11.1.3 A person may speak for up to five (5) minutes. A person may speak for up
to ten (10) minutes if representing a group of two or more. No one may
speak for a second time without the approval of the Presiding Officer, and
only after everyone who wishes to speak has had an opportunity. The
Presiding Officer may make exceptions to the time restrictions when
warranted by the circumstances; provided that, the Council upon a motion
and majority vote of Councilmembers present, may also make exceptions
to the time restrictions or may overrule an exception granted by the
Presiding Officer.
11.1.4 The City Clerk shall serve as timekeeper during legislative hearings.
11.1.5 After the speaker has used his or her allotted time, Councilmembers may
ask questions of the speaker and the speaker may respond, but may not
engage in further debate.
11 .1.6 The hearing will then be closed to public participation and open for
discussion among Councilmembers.
11.1. 7 The Presiding Officer may request to change or modify the procedures at
a particular meeting or hearing, but the decision to do so may be overruled
by a majority vote of Councilmembers present.
11.1.8 When necessary in the interests of fairness or when required by
circumstances, the hearing may be recessed and continued to a date
certain upon approval by a majority vote of Councilmembers present.
11.2 Quasi-judicial Hearings. Quasi judicial hearings involve the legal rights of specific
parties and afford procedural due process, which may include receiving testimony,
making a record of the evidence considered by the Council and issuing specific Council
findings. The following procedures shall apply:
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11 .2.1 Before opening a quasi judicial hearing , the Presiding Officer shall state
the hearing procedures.
11.2.2 The Department Director of the department most affected by the subject
matter of the hearing , or said Director's designee, shall be afforded fifteen
(15) minutes to present the City's position and findings . City staff shall be
available to respond to Council questions.
11.2.3 The proponent or applicant spokesperson shall speak second and be
allowed fifteen (15) minutes for presentation . The proponent may divide
up the fifteen (15) minutes between more than one speaker and may
reserve time to be added to the maximum time for rebuttal. Council may
ask questions.
11.2.4 The opponent spokesperson, if any, shall speak third and be allowed
fifteen (15) minutes for presentation, may divide up the fifteen (15) minutes
between more than one speaker, and may reserve time to be added to the
maximum time for rebuttal. Council may ask questions.
11.2.5 Each side shall then be allowed five (5) minutes for rebuttal, with the
proponent spokesperson speaking first, followed by the opponent
spokesperson. Any time reserved from the speaker's presentation may be
added to the five minute limit.
11.2.6 After the proponent and opponent have used their speaking time, ten (10)
minutes shall be allowed for the Council to ask further questions of the
speakers, who shall be entitled to respond but who must limit their
response to the question asked.
11.2. 7 The City Clerk shall serve as timekeeper during these hearings. By motion
and majority vote of Councilmembers present, the Council may extend the
times provided in this Subsection 11.2.2.
11.2.8 When necessary in the interests of fairness or when required by
circumstances, the hearing may be recessed and continued to a date
certain upon approval by a majority vote of Councilmembers present;
provided that, the record is closed for the entire period of continuance and
only Councilmembers who were present for the earlier portion of the
hearing , or Councilmembers who have had the opportunity to consider the
entirety of the record (verbatim transcript or audio and/or visual recording),
may participate when the hearing resumes. Examples of reasons to allow
a recess include, but are not limited to, absence of a necessary party due
to illness or emergency; request for additional argument on an issue by a
majority vote of the Council; inability to complete the hearing due to
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circumstances beyond the parties' control, such as power failure or natural
disaster.
11.2.9 Consistent with RCW 42.30.140(2), the Council may consider the matter
in an executive session or otherwise.
11 .2.10 Except as otherwise allowed by law, after the Council has publicly
considered the arguments and evidence presented, the Council shall then
vote on the issue that was the subject of the hearing.
SECTION 12 - TOWN HALL MEETINGS
12.1 Purpose. Town Hall meetings provide a forum for Council members and
community members to discuss City initiatives, emerging issues and community
concerns, opinions and preferences regarding specific topics affecting the Black Diamond
community, and for the City to respond to community questions. It is not the purpose of
Town Hall meetings to take final action on any matter before the City Council.
12.2 Town Hall Agenda. The scheduling, agenda preparation and public comment
period for Town Hall meetings shall conform to these Rules of Procedure, except that
public comment may be limited to specific topics identified in the Town Hall meeting
agenda. The speakers should limit their time to 10 minutes, to allow time for all speakers
to speak. A second round of comment will be allowed, and speakers will be limited to
three minutes. The Presiding Officer shall retain authority to impose rules of procedure to
ensure open discussion during the Town Hall meeting, that people with opposing or
different viewpoints receive an equal opportunity to speak, that everyone receive an
opportunity to speak before any one speaker receives a second opportunity to speak, and
that order and decorum is maintained. When necessary to ensure that everyone receive
an opportunity to speak, the Presiding Officer shall retain authority to limit all persons'
remarks to an equal period of time.
12.3 Staffing . City staff and the City Attorney shall not be required to attend Town Hall
meetings unless otherwise directed by the Mayor; with the exception that, the City Clerk,
or designee, shall attend Town Hall meetings for the purpose of keeping a journal of the
minutes of the meeting and to act as the City Council's parliamentarian in the absence of
the City Attorney.
SECTION 13- MAYOR PRO TEMPORE SELECTION PROCESS
Annually at the first meeting of the Council, the members thereof, by majority vote, shall
designate one of their members as Mayor Pro Tempore for such period as the Council
may specify. The Mayor Pro Tempore shall serve in the absence or temporary disability
of the Mayor. In the event the Mayor Pro Tempore leaves, the Council shall, by a majority
vote, designate one of the remaining Councilmembers as Mayor Pro Tempore.
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SECTION 14 - SELECTING A COUNCIL MEMBER PRO TEMPORE OR
FILLING A VACANT COUNCIL POSITION
14.1 Selecting a Councilmember Pro Tempore. In accordance with RCW 35A.12.065,
in the event of extended excused absences or disability of a Councilmember, the
remaining members by majority vote may appoint a Councilmember Pro Tempore to
serve during the period of absence or disability.
14.2 Filling Vacant Council Position . In the event that an unexpired Council position
becomes vacant, the City Council has ninety (90) 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 in accordance with Chapter 42.12 RCW. The Council may make such
appointment at its next regular meeting, or at a special meeting called for that purpose.
SECTION 15 - COUNCIL MEETING STAFFING
15.1 The City Administrator or the City Administrator's designee must attend all meetings
of the Council, unless excused .
15.2 The City Attorney shall attend all meetings of the Council unless excused by the
Mayor, and upon request, may provide comment, either written or oral, on legal
questions. An assistant city attorney shall attend meetings when the City Attorney
has been excused or is unable to attend due to illness or emergency.
15.3 It shall be the responsibility of each Department Head to ensure that a department
representative or other City staff attend as necessary to present the department's
agenda items to the Council and answer Council member questions.
SECTION 16 - COUNCIL RELATIONS WITH STAFF
16.1 The Mayor, City staff and Councilmembers shall respect the different roles each
officer plays in a successful City and will strive to treat each other with courtesy and
respect when questions, comments or criticism are expressed in a public meeting.
16.2 City staff will acknowledge the Council as policy makers, and the Councilmembers
will acknowledge the Mayor and City staff as administrators of the Council's
policies.
16.3 All written informational material requested of City staff by any individual
Councilmember that the requesting Councilmember then intends to reference or
introduce at a Council meeting shall be submitted or made available to all
Councilmembers prior to being referenced or introduced at the meeting, unless
other reasons preclude such distribution, in which case the reasons shall be
communicated by the requesting Councilmember to the Mayor or the Mayor's
designee and such reason provided to all Councilmembers.
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16.4 Councilmembers shall not attempt to coerce or influence City staff in the
administration of personnel, the awarding of contracts, the selection of consultants,
the processing of development applications or purchases of City licenses or
permits.
16.5 Councilmembers shall not attempt to change or interfere with the operating rules
and practices of any City department.
16.6 No Councilmember shall direct the Mayor or City staff to initiate any action or
prepare any report that is significant in nature, or initiate any project or study,
without the consent of at least a majority of the whole membership of the Council.
16.7 Individual requests for information can be made directly to Department Directors
unless otherwise determined by the Mayor. If the request would create a change
in work assignments or City staffing levels, the request must be made through the
Mayor.
SECTION 17 - APPOINTMENT BY MAYOR & CONFIRMATION BY CITY
COUNCIL - WHEN REQUIRED
17.1 Mayor's Power to Appoint. In accordance with RCW 35A.12.090, the Mayor shall
have the power of appointment and removal of all appointive officers and employees
subject to any applicable law, rule , or regulation relating to civil service; provided that, in
accordance with BDMC 2.08.020, each officer may hire any employee assigned to his or
her department.
17.2 Confirmation by Council. In accordance with RCW 35A.12.090, confirmation by
the City Council of mayoral appointments of officers and employees is required when City
ordinance provides for the confirmation of such appointments. In addition, the City
Council may require confirmation of mayoral appointments by the Council whenever the
qualifications for the office or position have not been established by City ordinance.
SECTION 18 - COUNCIL COMMITTEES AND CITIZEN ADVISORY
BOARDS
18.1 Council Standing Committees.
18.1.1 Establishment. The City Council, by a majority vote of at least the whole
membership of the Council, is authorized to establish Council Standing
Committees to provide recommendations on major policy items to the City
Council.
18.1.2 Mayoral Appointment/Council Confirmation. The Mayor shall appoint the
members of each Council Standing Committee. Membership of any given
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committee may include no more than three (3) Councilmembers. Annually
at its first meeting in January, or as soon thereafter as practicable, the
Council upon a majority vote of at least the whole membership of the
Council shall confirm or decline the Mayor's appointments to Council
Standing Committees.
18.1.3 Agenda Setting/Proceedings. The agenda setting and proceedings of
each Council Standing Committee shall be as follows:
a. In instances where a committee member cannot be present at a
committee meeting, it is the responsibility of that member to contact an
alternate Councilmember to attend in his or her place.
b. Committees may forward issues with or without changes to staff for
recommendation to the City Council. Reports on the activities of the
committees may be given under the Council Reports section of the
Council agenda.
c. Matters forwarded from a Council Standing Committee to the City
Council as a whole will remain at that level unless requested to be
returned to Committee by a majority of the Council.
d. Matters may be removed from Council Standing Committees and
brought before the Council as a whole by a motion of the Council
receiving an affirmative vote of at least a majority of the whole
membership of the Council.
e. Should a Council Standing Committee be split on whether a matter
should be approved , the matter may move forward to Council without a
recommendation. It is the Mayor's responsibility to bring matters before
Council.
f. Frequency of Council Standing Committee meetings shall be
determined by the Mayor and Committee Members.
g. Any direction from the Council Standing Committee for work to be
performed by staff must be approved by the Mayor.
h. Audience participation at a Council Standing Committee meeting is not
allowed .
18.1.4 Standing Committees Authorized. Standing Council committees may
include, but shall not be limited to:
a. Budget/Finance/Administration Committee: The Budget, Finance and
Administration Committee, in conjunction with City Staff, may consider
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matters related to the financial issue of the City, including the annual
and capital budgets including revenues and expenditures, sales of
bonds, general fiscal and financial conditions, voucher approval , rates
and fees, audit and operations of the City, including but not limited to,
facilities and properties computerization, periodic budget and financial
reports, and policy matters related to personnel , in coordination with the
finance and administration departments.
b. Planning/Community Services Committee: The Planning and
Community Services Committee, in conjunction with City Staff, may
consider matters of a non-quasi-judicial nature related to community
growth and development, including but not limited to, planning of the
physical, economic, aesthetic and social development of the City,
comprehensive plan , zoning code, housing, annexation policies, and
code enforcement. This committee may also consider matters not
included in other committee's scopes of authority. In conjunction with
City Staff, the committee may consider matters related to planning and
implementation of parks and recreational facilities, the capital
improvements program, and trails.
c. Public Safety Committee: The Public Safety Committee, in conjunction
with City Staff, may consider issues related to the public health, safety
and welfare of the citizens of Black Diamond including but not limited
to, law enforcement, fire safety, court, hazardous materials, animal
control, special events and emergency services .
d. Public Works Committee: The Public Works Committee, in conjunction
with City Staff, may consider matters related to water, sewer, solid
waste, recycling , utility franchises, storm water management,
transportation, the capital improvement program, transit, streets, street
lighting, signalization and street local improvement, and cemetery.
18.2 Task Force Committees and Intergovernmental Groups.
18.2.1 The Mayor or a majority of the whole membership of the City Council may
establish Task Force Committees on an ad hoc basis to consider matters
that require a special approach or emphasis. Task Force Committees may
be established and matters referred to them at Council study sessions.
The Mayor shall appoint Council representatives to intergovernmental
councils, boards and committees. Such appointments and their terms shall
be communicated to the Council by the Mayor as soon as practical.
18.2.2 Task Force Committees shall consider all matters referred to them. The
Chair of each Task Force Committee shall report the findings of the
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Committee to the Council. Committees may refer items to the Council with
no Committee recommendation . Once the Committee's findings have
been delivered to the Council , the Committee's duties shall be considered
complete and the Committee dissolved, unless specifically re-tasked by
the Council.
18.3 Advisory Boards, Committees and Commissions. Citizen advisory boards,
committees and commissions may be established by ordinance from time to time, and
shall consist of citizens appointed pursuant to the establishing ordinance and serving in
the capacity and for the purposes indicated in the ordinance; such boards, commissions
and committees shall act in an advisory capacity to the City Council.
SECTION 19 - SPEAKING WHEN REPRESENTING THE CITY COUNCIL
19.1 An Official City Position Requires a Public Vote. The City does not have an official
position on any issue, whether the issue is political or non-political in nature, unless in
accordance with RCW 42.17A.555, the City Council has taken a public vote and at least
a majority of the whole membership of the Council votes to adopt the position. Failure of
a majority of the Council to vote in favor of a position pursuant to RCW 42 .17A.555 shall
not constitute adoption of a contrary position ; in such cases the City shall continue to
have no official position on the issue.
19.2 Personal Opinions Must Be Distinguished From City Positions on an Issue.
19.2.1 Speaking to persons about issues. Whenever the Mayor or a
Councilmember is speaking to a person or group of persons and the
Councilmember expresses an opinion on an issue, whether the issue is
political or non-political, the Mayor or Councilmember must clearly state
whether the opinion represents the official position of the City of Black
Diamond and its City Council, or whether it is only the speaker's personal
opinion.
19.2.2 Speaking on behalf of the City. If the Mayor or a Councilmember appears
on behalf of the City before another governmental agency, a community
organization , or through the media, for the purpose of commenting on an
issue, the Mayor or Councilmember must state the official position of the
City Council , if known, on such issue. Personal opinions and comments
which differ from those of the official position of the Council may be
expressed only if the speaker clarifies that these statements do not
represent the City Council's position.
19.2.3 Expressing the views of other Councilmembers. Prior to representing the
position of an elected City official on an issue to the media, another
government agency, a community organization , or members of the public,
the Mayor and Councilmembers must have permission from that elected
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official; provided that, presenting how another elected official voted in an
official public vote of the Council shall not require permission.
19.3 Social Media Usage by Councilmembers
19.3.1 These rules establish a formal process for the use of social media by
individual City Councilmembers in their capacity as elected or appointed
officials. "Social media" refers to Facebook, lnstagram, Twitter, Snapchat,
Nextdoor, YouTube, and other similar internet-enabled platforms that
enable the sharing of text, pictures, video, audio, and other content with a
broad segment of the public who subscribes to or engages on that
platform. Social media provides Councilmembers a valuable and
convenient tool for informing and communicating with their constituents
and members of the broader community. When used in accordance with
City policy, social media enables Councilmembers to showcase their
diligent and conscientious service to residents and improve public trust
and confidence in City governance.
19.3.2 Official Councilmember Social Media Accounts. "Official" social media
accounts are those accounts that are created by the City for use by
individual City Councilmembers while they hold elected office.
Councilmembers' official social media accounts are not to be used for
posting about personal matters that are unrelated to City events, functions,
programs, projects, services, policies, or issues.
19.3.3 Councilmembers who desire to have an Official social media account must
contact the City Clerk and / or IT Manager to set up the account. If a
Councilmember has a pre-existing account used for official City purposes,
the login credentials and passwords shall be provided to the City Clerk and
IT Manager. The login credentials and passwords for all official
Councilmember accounts shall be maintained in the records of the City
Clerk and IT Manager to facilitate access for public records retention ,
transfer of accounts (if a Councilmember's status as a member of the City
Council changes), and any necessary content moderation per the City's
Social Media Posting Guidelines and Moderation Policy. Official
Councilmember accounts shall follow a standard naming convention , such
a "@CMJonesBD" or similar form. During account setup, the City Clerk
shall work with the Councilmember to determine appropriate account
names, consistent with each social media platform's requirements or
limitations.
19.3.4 Whenever technologically practicable, Councilmembers shall use and
manage their Official social media accounts using their City-issued
electronic devices rather than their personal devices. Councilmembers
must avoid removing or altering any content on their Official social media
accounts until it has been properly archived using, the City's current social
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media archival software to ensure compliance with public records retention
and disclosure laws.
19.3.5 It is acknowledged and accepted that Councilmembers may use their
Official social media accounts to publicize City events, activities, and
projects, and to discuss matters of public concern with constituents.
Councilmembers may use social media to engage with residents on issues
that are important for effective representation. However, Councilmembers
must adhere to the City's Social Media Posting Guidelines and Moderation
Policy.
19.3.6 Personal Social Media Accounts. "Personal" social media accounts are
those accounts created by Councilmembers in their personal capacity
without City sponsorship, maintenance, administration, or other
involvement, and are used strictly for matters relating to personal, family,
or commercial business unrelated to City events, functions, programs,
projects, services, policies, or issues. Councilmembers must avoid
posting anything related to City business on their personal social media
accounts. Personal social media accounts must also avoid the following:
a. Use of any City of Black Diamond email addresses as a point of contact
or for account registration.
b. Identification of the account holder as a current member of the Black
Diamond City Council, either in the username or handle.
c. Use of the City logo, seal, letterhead, or other official City marks.
d. Use of City Hall contact information (address, phone number, etc.) or
links to City web pages or accounts in the account description or banner,
unless used strictly as needed to redirect residents to an official City of
Black Diamond website or social media account.
19.3.7 Councilmembers must include the following disclaimer, or link thereto, in
the biographical or "About" section of all of their Official City of Black
Diamond social media accounts:
The comments expressed on this page reflect the views of the author and may
not reflect the opinions or official positions of the City of Black Diamond or the
City Council as a whole. Additionally, other Councilmembers may be unable to
respond to communications on this page due to the limitations of the Open Public
Meetings Act, which precludes a quorum of Councilmembers from conducting
discussions of City business outside of a properly noticed public meeting.
This social media site is hosted by one or more third parties. All users of this
social media site are subject to this site's terms of service and its own privacy
and moderation policies. The City of Black Diamond has no control over the
moderation or privacy policies of their-party social media sites. Nor does the City
have any control over commercial advertisements or other posts that my appear
on this site. The City has created and maintains its social media accounts as a
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public service to provide information about City programs, services, projects,
issues, events, and activities, and for City Councilmembers to communicate with
their constituents regarding City-related matters. The City assumes no liability
for any inaccuracies this social media site may contain and does not guarantee
that posts to this account will be free of errors.
All comments posted to City social media accounts must be related to discussion
of City programs, services, projects, issues, events, and activities, and may be
subject to public disclosure under the state Public Records Act. Communications
made through social media will in no way constitute a legal or official notice or
comment to the City of City officials for any purpose.
The account is intended to convey content that is appropriate for all ages. The
City reserves the right to make a record of any comment or post that violates City
Social Medial Posting Guidelines, and then hide the comment/post if necessary.
The Citys' Moderation Policy, including the Social Media Posting Guidelines, can
e found at the following link:
http:llblackdia mondwa. civiccms. acsitefa ctory. com/siteslglfileslvyhlif306/f/pages
Ires no 21-1419.pdf
19.3.8 If a Councilmember receives comments regarding City government
business on his /her Personal social media account, the commenter
should be directed to visit the City's website or other Official social media
account where the comments may be properly received and recorded.
Councilmembers should refrain from using City-issued devices to access
or manage Personal social media accounts.
19.3.9 Comments made on social media by multiple Councilmembers regarding
the same matter or issue of City business are subject to Open Public
Meetings Act requirements. Under no circumstances may a
Councilmember respond to or comment on a social media post if he or she
would be the fourth Councilmember to post on that issue or subject matter,
regardless of whether all Councilmember comments or responses on that
issue or subject matter appear in the same social media thread or page.
19.3.1 0Councilmembers shall refrain from posting content that personally
disparages or attacks the character of other Councilmembers or City
official or employees. However, professional criticism and civil
expressions of disagreement on policy grounds are not a violation of this
policy.
SECTION 20 -TRAVEL AUTHORIZATION
The City Council shall authorize and approve expenditures of city funds to pay for travel-
related costs only in accordance with an adopted budget, and/or chapters 2.56 and 2.57
BDMC and/or the City's adopted administrative.
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SECTION 21 - CONFIDENTIALITY
21.1 In General. Certain information is required to be kept confidential under state or
federal law. The Mayor and Councilmembers must keep such information confidential
when that information has been provided to them by City staff or otherwise becomes
known to them during the performance of their duties in office. Confidential information
includes, but is not limited to, certain personnel and employment information, certain
information regarding pending labor and other contracts, and certain information
regarding negotiations for the sale or purchase of property. It is the duty of the Mayor
and each Councilmember to consult with the City Attorney should the official have a
question about whether any particular information is confidential and may not be released .
21.2 Executive Sessions. The Mayor and Councilmembers must keep confidential all
written materials and verbal information provided to them during Executive Sessions and
may not provide them to persons not present during Executive Sessions, unless, after
consultation with the City Attorney, such provision will not violate the confidentiality of
Executive Session, or will not violate some other legal exemption or legal privilege.
SECTION 22 - SEVERABILITY
In the event that any of the terms or provisions of these rules are declared invalid or
unenforceable by any Court of competent jurisdiction, the remaining terms and provisions
that are not affected thereby shall remain in full force and effect.
City Council Rules of Procedure
Date of Adoption: 05/19/2022
Resolution No. 22-1483
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