City Council Work Session

City of Prosser CITY COUNCIL WORK SESSION MEETING AGENDA Council Chambers, 1002 Dudley Avenue, Prosser WA 99350 Tuesday, June 3, 2025 @ 7:00 PM Per Ordinance No. 22-3175, City Council meetings will be held in-person at location listed above and virtually. To join the meeting, please click the following link: https://global.gotomeeting.com/join/521570213 Dial in using your phone: +1 (872) 240-3412 Access Code: 521-570-213 Page 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. MAYOR AND CITY COUNCIL REPORTS AND COMMENTS a. Mayor for the Day Proclamation 2 Proclamation 6. CITY ADMINISTRATOR REPORTS AND COMMENTS 7. COUNCIL DISCUSSION a. City Council Roles and Responsibilities Presentation (Benjamin Goodwin, City 3 - 18 Attorney) Presentation 8. ADJOURNMENT Page 1 of 18  Proclamation WHEREAS, the City of Prosser is proud to recognize outstanding individuals in our community who demonstrate leadership and civic responsibility; and WHEREAS, the City of Prosser continually looks for opportunities to support our partnering agencies that are dedicated to improving our city; and WHEREAS, to assist in fundraising efforts for the Prosser Chamber of Commerce, the City of Prosser provided an opportunity for a member of our community to be “Mayor for the Day”; and WHEREAS, Rita Brown, manager of the Prosser Farmer's Market, was the highest bidder at the Annual Community Awards Banquet held in January of this year; and WHEREAS, Rita has demonstrated a commitment to learning about local government and has shown exemplary care in her management of the Prosser Farmers Market; and WHEREAS, it is fitting and proper to honor Rita Brown with the title of “Mayor for the Day” hereby encouraging her continued civic engagement and acknowledging her contributions to the community; and WHEREAS, this is an opportunity to commemorate the opening day of the 33rd season of the Prosser Farmers Market. NOW, THEREFORE, BE IT RESOLVED that I, Gary Vegar, Mayor of the City of Prosser, Washington, and the City Council do hereby proclaim Rita Brown to be “Mayor for the Day” on June 7, 2025. ___________________________________________ Mayor Gary Vegar ___________________________________________ Deputy City Administrator/City Clerk Rachel Shaw This 3rd day of June, 2025. Page 2 of 18  Mayor as Chief Executive Council as Chief Legislator ROLES AND RESPONSIBILITIES City Council Work Session June 3, 2025 Page 3 of 18  CHECKS AND BALANCES https://www.youtube.com/watch?v=-EISWIY9bG8 Three Branches of Government – School House Rock The idea of checks and balances, was first proposed by the Greek statesman, Polybius, in reference to the government of Ancient Rome. During the Age of Enlightenment, French philosopher, Baron de Montesquieu, discussed in his work, The Spirit of Laws, the need for the separation of powers to prevent despotism. Page 4 of 18  THE ALL-SEEING EYE EVERYTHING the council and mayor do, at one point or another, comes into public view! Maybe while you are here, maybe after you are gone. Which also means that everything the council and mayor do is viewed through many different lenses. Which leads to public PERCEPTION. This is the pinch point where things can go very well or very…unwell, for the City as a whole. Page 5 of 18  MISSION SPRINGS CASE Why it is important to collaborate as a council and administration. Exercising authority outside of what is granted in state statutes opens the city to repercussions including invalidating the action taken, fines against individual actors, award of attorneys fees, and damages awarded against the city for constitutional or civil rights violations. Mission Springs, Inc. v. City of Spokane, 134 Wn.2d 947, 954 P.2d 250 (1998). The WA Supreme Court voiced its position that the applicant in that case had a cause of action under RCW 64.40.020 because Spokane “arbitrarily refused to process Mission Springs grading permit application and unlawfully withheld the permit as well.” Mission Springs, 134 Wn.2d at 962. Legislative immunity was rejected “We have the opportunity to put a stop to this and let's just see what happens. Let's see how confident they are. If they bring suit, we can always turn around and issue the permit, that's an option still available to us.” Page 6 of 18  PROSSER – STRONG-MAYOR FORM MAYOR COUNCIL CHIEF EXECUTIVE LEGISLATIVE BODY ENFORCES LAW (POLICY) MAKES POLICY (LAW) OVERSEES CITY OPERATIONS AND APPROVES ORDINANCES, STAFF REOLUTIONS AND BUDGET PROPOSES AND ADMINISTERS CITY SETS POLICY; DOES NOT MANAGE BUDGET STAFF APPOINTS DEPARTMENT HEADS ACTS COLLECTIVELY THROUGH COUNCIL VOTES Page 7 of 18  PROSSER – PUBLIC VS. PRIVATE SECTOR PUBLIC PRIVATE CITY REVENUES LIMITED BY LAW PASS COSTS TO CONSUMER UNIONS (COMPARABLE SALARIES) UNIONS CONSTITUTIONAL RIGHTS OF MINIMAL CONSTITUTIONAL RIGHTS EMPLOYEES GOOD BUSINESS SENSE OR BUSINESS AS BUSINESS GIFTING OF PUBLIC FUNDS PUBLIC BIDDING GETTING THE JOB DONE Page 8 of 18  MAYORAL AUTHORITY Chief Executive/ administrative officer RCW 35A.12.100 - Policy and administration are separate. All legislative and policymaking powers are vested in the city council. Administrative authority is vested in the mayor. Mayors may veto ordinances, but the mayor's veto can be overruled by two-thirds vote (supermajority) of the whole council (5/7). Additionally, the mayor Enforces contracts; Designates assistants and department heads; Brings lawsuits, with council approval; Presides over council meetings and may cast a tie-break vote on some matters; Calls special meetings of the council; Prepares a proposed budget; Reports to the council on the financial and other affairs and needs of the agency to implement legislative policy; Perform as ceremonial head of the agency; and Approve or disapprove all official bonds and contractor's bonds. Page 9 of 18  MAYORAL AUTHORITY ENFORCES CONTRACTS DESIGNATES ASSISTANTS AND DEPT. HEADS BRINGS LAWSUITS, WITH COUCIL PRESIDES OVER COUNCIL APPROVAL MEETINGS, TIE-BREAK CALLS SPECIAL MEETINGS OF THE PREPARES PROPOSED BUDGET COUNCIL REPORTS TO COUNCIL ON FINANCIAL PREFORM AS CEREMONIAL HEAD AND OTHER AFFAIRS AND NEEDS OF OF THE AGENCY THE AGENCY TO IMPLEMENT LEGSLATIVE POLICY APPROVE/DISAPPROVE ALL OFFICIAL BONDS AND CONTRACTOR’S BONDS Page 10 of 18  LEGISLATIVE AUTHORITY Local legislative authority is generally limited to what the state specifically grants to the city. However, code cities, have more extensive powers called "home rule" that permit them to exercise authority not specifically granted, provided that the state has not specifically prohibited that local authority. Enact an agency budget (Define the powers, functions, and duties of municipal officers and employees; Fix the compensation of municipal officers and employees; Establish the working conditions of municipal officers and employees; Maintain retirement and pension systems) Impose fines and penalties for violation of city ordinances; Regulate the acquisition, sale, ownership, and other disposition of real property; Provide governmental, recreational, educational, cultural, and social services; Impose taxes, as authorized by state law; Cause the agency to own and operate utilities; Approve claims against the agency; Grant franchises for the use of public ways; and License, for the purpose of revenue and regulation, most any type of business Page 11 of 18  LEGISLATIVE AUTHORITY Enact an agency budget (Define the powers, Fix the compensation of municipal officers functions, and duties of municipal officers and and employees employees Establish the working conditions of municipal Maintain retirement and pension systems officers and employees Impose fines and penalties for violation of city Regulate the acquisition, sale, ownership, and ordinances other disposition of real property Provide governmental, recreational, Impose taxes, as authorized by state law educational, cultural, and social services Cause the agency to own and operate utilities Approve claims against the agency Grant franchises for the use of public ways License, for the purpose of revenue and regulation, most any type of business Page 12 of 18  EXECUTIVE/ADMINISTRATION VS. LEGISLATIVE Mayor-Councilmember-handbook by AWC and MRSC Implementation vs. Policy Setting – (Think of it like a menu/recipe creator and the chef that prepares it.) Examples of tension between policy and implementation: - Enforcement of Jaywalking – Code is policy (legislative), enforcement priorities are executive/administrative - Enforcement of Animal control code - Building and Development permit and administrations – code and comp plan are policy, permit issuance is administrative Common areas of conflict: Personnel and Budget Page 13 of 18  EXECUTIVE/ADMINISTRATION VS. LEGISLATIVE - BUDGET MAYOR COUNCIL PROPOSES PRELIMNARY REVIEWS AND AMENDS BUDGET AS BUDGET – BUDGET MESSAGE NECESSARY – ACCRDING TO COUCILS INCLUDIN BUDGET CALENDAR STRATEGIC GOALS AND PRIORITIES AS SET OUT IN RCWs IMPLEMENTS BUDGET APPROVES (ADOPTS) BUDGET MAKE TRANSFERS WITHIN …SUBJECT TO REGULATIONS, AS MAY FUNDS… BE IMPOSED BY THE CITY COUNCIL Page 14 of 18  EXECUTIVE/ADMINISTRATION VS. LEGISLATIVE - PERSONNEL MAYOR COUNCIL HIRING EMPLOYEES(SUBJECT TO ESTABLISH PERSONNEL POLICIES MUNICIPAL CODE) UNION NEGOTIATIONS ESTABLISH NUMBER OF EMPLOYEES THAT CAN BE HIRED, AND EMPLOYEES’ DUTIES DISCIPLINING & TERMINATING ESTABLISHES SALARIES AND OTHER EMPLOYEES FORMS OF COMPENSATION FOR CITY WORKERS Page 15 of 18  HERE COMES TROUBLE – NO.24-3261 MULTIPLICITY OF WAYS TO FIND TROUBLE OR LET TROUBLE FIND YOU: - SECTION 15 & SECTION 17 - SOCIAL MEDIA - EMAIL COMMUNICATION - OPEN PUBLIC MEETINGS ACT (OPMA) - CITY REPRESENTATIVE - DIRECTING STAFF WORK Page 16 of 18  KEY POINTS Permitting – Council sets the standards in the Comp plan and code; Mayor and staff carry out within bounds of code but have discretion to interpret. Communication with the public – Council can receive feedback and can look at big picture but has no authority in individual matters or projects; Mayor can receive individual feedback but must operate within the policy guidelines set forth by council. Personnel matters - In cities, the council creates departments, authorizes positions, adopts job descriptions, and fixes compensation. However, day-to-day administration of staff, including directing the work of staff and hiring and firing of staff, is the responsibility of the Mayor Page 17 of 18  QUESTIONS? Answer: It depends  Page 18 of 18