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Published: Tuesday, February 23, 2010

Recommendations for open government in Everett

RECOMMENDATIONS OF THE PROCEDURES AND OPEN GOVERNMENT COMMITTEE

Prepared for Everett City Council

I. BACKGROUND

Council President Paul Roberts appointed a committee, consisting of Councilmembers Shannon Affholter, Drew Nielsen and Roberts, to review and make recommendations regarding City Council Procedures. Those procedures fall into two broad classes: procedures concerning open government, and procedures concerning the internal operations of Council. Each category has an impact on the other.

II. PROCESS FOR GOING FORWARD

The Committee recommends as follows:

A. The recommendations set forth in this report should be discussed by councilmembers in a workshop at a regular City Council meeting to determine which items have the support of a majority of the Council, and whether there are additional items to be added;

B. City Council should undertake community outreach to obtain public comment on these actions that receive the support of a majority of Council, and to consider and develop additional recommendations identified through the process, and those recommendations should receive a similar discussion by councilmembers in a public workshop; and

C. Actions that have the support of a majority of councilmembers should be implemented as quickly as possible, as they are developed, by formal resolution adopted by Council or, where applicable, by the directive of the Council President.

III. SPECIFIC RECOMMENDATIONS REGARDING OPEN GOVERNMENT

A. Council Committees.

1. The Council should reduce the number of standing Council committees, retaining those committees that generally deal with a steady stream of items that originate with the Administration. Such committees include Budget, Real Estate, Government Affairs and possibly others.

2. Issues that involve setting broad public policy should be handled by the Council as a Committee of the Whole, or in workshops.

3. All Council committees should consistently meet in a single location, such as the Council chambers, which is easily accessible to the public, and should be open to the public.

4. The meeting time, place and agenda for all Council committees should posted on the City’s Web site.

5. Council committees should maintain minutes, which should be distributed to all councilmembers and posted on the City’s Web site.

B. Council Meetings.

1. To the extent possible, but recognizing that an exception may be made for an emergent or time-sensitive matter, each action item to be considered by Council should be presented, with an explanation as to the nature and effect of the item, at a Council meeting prior to the meeting where action is to be taken. In the case of proposed ordinances, this should occur at the time of first reading.

2. The Council should establish guidelines to allow members of the public to make comments that exceed three minutes, including by allowing additional time for cause; where the additional time is requested prior to the day of the meeting at which the comments are to be presented; or where a person comments as the representative of a group, include the chair of a recognized City of Everett neighborhood.

IV. SPECIFIC RECOMMENDATIONS REGARDING COUNCIL’S INTERNAL PROCEDURES

A. Council Committees.

1. Committee meetings should be scheduled at a time that best accommodates the non-Council employment of councilmembers.

B. Council Meetings.

1. The Council should adopt rules of procedure which, although minimal, provide structure and guidance to the Council in the conduct of its meetings.

2. All motions should be debatable such that each councilmember is given a reasonable opportunity to speak to an issue to be voted upon. The Council president, upon determining that each councilmember has had such an opportunity, may terminate debate and call for a vote on the matter.

3. Any procedures not expressly adopted in writing should be at the discretion of the Council President, or, in his or her absence, at the discretion of the presiding member, subject to an immediate appeal, which, to succeed, requires an affirmative vote of a majority of the Council.

C. Council Leadership

1. The Council should by resolution set a date upon which the annual election of the Council President should occur. If, for any reason, no Council President is elected on that date, the matter may be considered at any subsequent Council meeting.

2. The Council should determine whether the election of the Council President for the calendar year following a municipal election should be by the outgoing Council (thus allowing the Council President-elect a transition period prior to taking office); or whether the election should be by the incoming Council (thus allowing any new members to participate in the election of the Council President, but requiring a procedure for the operations of Council where the prior Council President does not return).

D. Legislative Action Initiated by Council

1. The Council should establish procedures by which legislative action may be initiated by Council, including a requirement that the City Attorney’s office will assist in the preparation of the legislation, provisions specifying to what extent that assistance will be treated as confidential, and a requirement that such legislation shall have at least two sponsors before being placed on the Council’s agenda.
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