Drafter
Clerk 09/20/2005
Title
AN ORDINANCE relating to council rules and order of business; and amending Ordinance 11683, Section 1, as amended, and K.C.C. 1.24.005, Ordinance 11683, Section 2, as amended, and K.C.C. 1.24.015, Ordinance 11683, Section 4, as amended, and K.C.C. 1.24.035, Ordinance 11683, Section 5, as amended, and K.C.C. 1.24.045, Ordinance 11683, Section 6, as amended, and K.C.C. 1.24.055, Ordinance 11683, Section 7, as amended, and K.C.C. 1.24.065, Ordinance 11683, Section 8, as amended, and K.C.C. 1.24.075, Ordinance 11683, Section 9, as amended, and K.C.C. 1.24.085, Ordinance 11683, Section 10, as amended, and K.C.C. 1.24.095, Ordinance 11683, Section 11, as amended, and K.C.C. 1.24.105, Ordinance 11583, Section 12, as amended, and K.C.C. 1.24.115, Ordinance 11683, Section 13, as amended, and K.C.C. 1.24.125, Ordinance 11683, Section 14, as amended, and K.C.C. 1.24.135, Ordinance 11683, Section 16, as amended, and K.C.C. 1.24.155, Ordinance 11683, Section 20, as amended, and K.C.C. 1.24.195, Ordinance 11683, Section 21, as amended, and K.C.C. 1.24.205, Ordinance 11683, Section 23, as amended, and K.C.C. 1.24.225, Ordinance 11683, Section 24, as amended, and K.C.C. 1.24.235, Ordinance 11683, Section 27, as amended, and K.C.C. 1.24.265 and Ordinance 11683, Section 31, as amended, and K.C.C. 1.24.305.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 11683, Section 1, as amended, and K.C.C. 1.24.005 are each hereby amended to read as follows:
Rule 1: Definitions. The definitions in this rule apply throughout this chapter unless the context clearly requires otherwise.
A. "Administrative committee" means a committee, other than a special or standing committee, established in the organization motion to act and make recommendations to the council on matters assigned to the committee.
B. "Committee" means a standing ((or)), special or administrative committee of the council as so designated by rule, motion or appointment by the chair of the council.
((B.)) C. "Legislation" means a "motion" or "ordinance" as those terms are used in Section 230 and 240 of the King County Charter.
((C.)) D. "Regional committee" means a regional committee established under Section 270 of the King County Charter.
((D.)) E. "Special committee" means a committee that goes out of existence as soon as it has completed a specified task.
((E.)) F. "Standing committee" means a committee, excluding regional committees, composed exclusively of councilmembers created by the council and given the task of reviewing legislation.
SECTION 2. Ordinance 11683, Section 2, as amended, and K.C.C. 1.24.015 are each hereby amended to read as follows:
Rule 2: Powers and duties of the chair. The chair of the council has the following powers and duties:
A. The chair shall:
1. Call the council to order at the hour appointed for meeting and, if a quorum is present, shall cause the minutes of the previous meeting to be approved;
2. Proceed with the order of business; and
3. Adjourn the council upon a motion to adjourn approved by a majority of members present;
B. The chair shall preserve order and decorum and in the interest of efficiency may impose time and subject matter limits for testimony and comment given by the public and members of the council;
C. The chair shall promote efficient operation of the council, which shall include setting the agenda and expediting parliamentary debate or, if there is no objection from any other member, expediting the passage of routine motions. The chair's act of adding to, removing from or taking out of order an item on a distributed and posted agenda may be appealed to the full body by any two members under Rule 5.C, K.C.C. 1.24.045.C. The chair shall discourage activities that are dilatory or disruptive. The chair shall endeavor to facilitate the will of the majority of members present at all times;
D. ((The chair may speak to points of order, inquiry or information in preference to other members. The chair shall decide all questions of order subject to an appeal to the council by a member, on which appeal a member may not speak more than once without leave of the council;
E.)) The chair may speak to points of order, inquiry or information in preference to other members. Upon a ruling of the chair on a point of order, the chair shall allow any ((three)) two members to immediately request that the decision be placed before the body. If a majority of members present agree to the ruling of the chair, the business of the council must proceed without further debate. If a majority of the members present do not support the ruling of the chair, the chair shall immediately allow a procedural motion to dispense with the issue in question, proceeding until a decision of the council is secured and the business of the council is allowed to proceed;
((F.)) E. The chair shall refer legislation to committees unless there is an objection to a referral. If there is an objection by a member, the chair's referral will stand unless ((must be made in accordance with the decision of)) a majority of the members present vote to support the objection. If the objection is sustained, the chair shall refer the legislation to another committee, unless there is an objection to the referral.
F. Any motion that proposes to censure a councilmember for violating the council's antiharassment policy shall be referred to the employment committee.
G. The chair shall introduce all legislation relating to land use appeals, road vacations, plat applications, current use assessments and other similar land use decisions. If recommended by action of the employment committee, the chair shall introduce any motion that proposes to censure a councilmember for violating the council's antiharassment policy, unless the chair is the subject of the motion;
((G.)) H. The chair shall provide copies to all councilmembers of all official communications and requests for council action addressed to the chair from the executive, the sheriff, the assessor, the presiding judge of the district or superior court or the prosecuting attorney; and
((H.)) I. The chair shall preside over the committee-of-the-whole.
SECTION 3. Ordinance 11683, Section 4, as amended, and K.C.C. 1.24.035 are each hereby amended to read as follows:
Rule 4: Meetings.
A.1. The time of regular meetings of the council is one-thirty p.m. on Monday of each week, or Tuesday if Monday is a state or county holiday, unless otherwise ordered by the chair or a majority of the council.
2. All ((sessions)) meetings of the King County council, except as otherwise ordered by the chair or a majority of the council and except meetings of the committees, must be held at the county seat.
B. The time for regular committee meetings must be set by the chair of the council or by motion. The committee chair shall set the place of committee meetings.
C. ((The proceedings of all council and committee meetings must be taken by tape recorder. The tapes of the meetings must be retained in the office of the clerk of the council for five years, after which the tapes must be transferred to the division of records and elections, which shall retain the tapes.
D.)) Council and committee meetings must be held in accordance with the Open Public Meetings Act of 1971, chapter 42.30 RCW.
D. A meeting may be continued, in accordance with the Open Public Meetings Act of 1971, chapter 42.30 RCW, to another date and does not conclude until adjourned in accordance with these rules.
E.1. An executive session may be held during a council or committee meeting if one of the specific grounds under chapter 42.30 RCW for an executive session exists. ((The grounds include:
a. consideration of the selection of a site or the acquisition of real estate when public knowledge of the consideration would cause a likelihood of increased price;
b. receipt and evaluation of complaints and charges against a public officer or employee, or review of the performance of a public employee;
c. evaluation of the qualifications of an applicant for public employment, or of a candidate for appointment to elective office; and
d. Discussion with legal counsel regarding litigation or potential litigation when public knowledge of the discussion is likely to result in an adverse legal or financial consequence to the agency.))
2. Before convening in executive session, the chair of the council or committee shall publicly announce the purpose for excluding the public from the meeting place and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the chair.
3. Only members of the council or committee, special invitees and those employees or staff members the council or committee determines to be necessary are allowed to remain in the room. Persons attending an executive session shall maintain the confidentiality of the proceedings.
SECTION 4. Ordinance 11683, Section 5, as amended, and K.C.C. 1.24.045 are each hereby amended to read as follows:
Rule 5: Agenda.
A. Council business must be disposed of in the following order, or in an order the chair deems appropriate, subject to appeal as provided in Rule 5.C, K.C.C. 1.24.045.C:
1. Roll call;
2. Flag salute and Pledge of Allegiance, the leading of which must be offered by a member of the council and which must rotate among all members of the council;
3. Approval of minutes;
4. Special items;
5. Reports from members serving on special and outside committees;
((5.)) 6. Plat tracings;
((6. Special items;))
7. Hearings and second reading of ordinances from standing committees and regional committees;
8. ((Introduction)) First reading of and action on emergency ordinances without referral to committee;
9. Motions, from standing committees and regional committees, for council action;
10. ((Introduction)) First reading of and action on motions without referral to committee;
11. Consent agenda on reappointments to boards and commissions;
12. Consent agenda on reports and recommended actions from employment committee;
13. Other reports and recommended actions from the employment committee;
14. Consent agenda on hearing examiner recommendations;
15. ((Introduction)) First reading and referral of ordinances ((for first reading and referrals));
16. ((Introduction)) First reading and referral of motions ((and referrals));
17. Extra items;
18. Messages from the county executive and other county officials, the judiciary, the regional committees and other agencies;
19. Other business; and
20. Adjournment.
B. Legislation or other items for placement on the council meeting agenda must be submittedto the clerk of the council by 10:00 a.m. Thursday of the week before the next scheduled meeting, except that:
1. If directed by the chair, the clerk may place an item on the council agenda with a note that the item is contingent on being voted out of committee before the council meeting;
2. Legislation or other items for referral to committee may be added at committee-of-the-whole or regularly scheduled council meetings at the discretion of the chair of the council; and
3. Legislation or other items needing action by the full council may be added at the discretion of the chair of the council at committee-of-the whole or regularly scheduled council meetings. The chair shall apply the following criteria for the additions:
a. the legislation is particularly time-sensitive and delay in action either:
(1) might impair the effectiveness of the county's responses to emergencies such as natural or human-made disasters, or other circumstances seriously affecting the public health, safety or welfare or the support of county government and its existing public institutions; or
(2) might impair timely performance under deadlines of a statute, ordinance, contract, interlocal agreement, real property instrument or other provision requiring immediate action;
b. legislation should be delivered to the chair and the clerk before the beginning of the committee-of-the-whole meeting. An original and twenty copies should be provided to the clerk, together with an introduction slip from the sponsor; and
c. the sponsor should provide a brief written description to the chair of the reason for the need to expedite the legislation without regular committee review.
C. The chair shall notify the members present of proposed changes to the agenda. If two members object to a change, a majority of the members present shall decide whether to change the agenda.
SECTION 5. Ordinance 11683, Section 6, as amended, and K.C.C. 1.24.055 are each hereby amended to read as follows:
Rule 6: Standing committees. The standing committees shall operate as follows:
A. A majority of a committee constitutes a quorum except for a committee with an even number of members, in which case one half of the committee constitutes a quorum. A committee is considered to have a quorum present unless the question is raised by a member of the committee. If a member objects to proceeding because of the lack of a quorum, the committee may not conduct official business, except to conduct a hearing. The appointment or use of alternate members is not allowed for a standing committee.
B. During its consideration of a vote on legislation, the deliberations of a committee must be open to the public.
C. A vote to report legislation out of committee must be taken by the "ayes" and "nos," with the committee clerk recording the names of the members voting for and against, as well as the names of the members absent. On any matter, including but not limited to an amendment, a vote must be taken by oral roll call if requested by a member of the committee. A standing committee may not vote by secret ballot on an issue. Except for a regional committee, legislation may be reported out of committee by less than a quorum of the committee, subject to signature by a majority of the members of the committee, unless a member present requests a vote on the recommendation by a quorum of the committee. If a member so requests, the legislation may not be reported out of the committee at that meeting without an affirmative vote by a majority of the quorum of the committee. The committee's recommendation on ((L))legislation reported out of committee subject to signature by a majority of the members of the committee remains in committee without a committee recommendation unless the recommendation slip is signed by a majority of the committee and delivered to the clerk by the close of the second business day after the committee action. A vote in a committee must be recorded and the vote must be preserved as prescribed by the clerk of the council.
D. With the exception of legislation referred to committee-of-the-whole, legislation reported to the council from a standing committee must have a majority recommendation report, which must be prepared upon a printed standing committee report form and must be signed by a majority of the committee with one of the following recommendations:
1. Do pass;
2. Do pass -- consent;
3. Do pass substitute;
4. Do pass substitute -- consent;
5. Do not pass;
6. Postpone indefinitely;
7. Pass out of committee with no recommendation; or
8. Refer to another committee.
E. The rules and procedures contained in this chapter must be observed, when applicable, in all proceedings of a standing or special committee of the council.
F. The chair of the committee shall set the agenda for the committee, including whether and when to include on a specific agenda for action proposed legislation referred to the committee by the council chair. A change to the last distributed and posted agenda made at a meeting must be announced by the chair and is subject to appeal to the full committee present by any two members of the committee. A majority of the members present shall decide an appeal under this subsection.
G. Notice of a special meeting must be made in compliance with the Open Public Meetings Act of 1971, chapter 42.30 RCW. The committee chair may call up to six special meetings per calendar year. An additional special meeting may be called only upon the request of the chair and the written consent of either the vice-chair of the committee or the chair of the council before the meeting. A special meeting may be called only when:
1. There is time-sensitive legislation or information that cannot be presented and considered in the ordinary committee meeting schedule;
2. A joint meeting of two or more committees is necessary to consider a matter; or
3. An unusual and extreme workload of a committee does not allow its full consideration during the ordinary committee meeting schedule.
H. A committee may not recess a meeting for longer than eight hours unless consent is given consistent with Rule 6.G, K.C.C. 1.24.055.G. Such a recess constitutes a special meeting solely for the purpose of counting the six discretionary special meetings provided for in this rule. If recess is until the next day but less than twenty-four hours, then the maximum possible notice must be given. If recess is for greater than twenty-four hours, then at least twenty-four hours' notice must be given.
SECTION 6. Ordinance 11683, Section 7, as amended, and K.C.C. 1.24.065 are each hereby amended to read as follows:
Rule 7: Regional committees.
A. Establishment. Three regional, standing committees are established as provided under the King County Charter to develop, recommend and review regional policies and plans for consideration by the council: the regional transit committee, the regional water quality committee and the regional policies committee.
B. Membership.
1. Composition of committees.
a. The regional policies committee and regional transit committee are to each have twelve voting members. Six members of each committee, including the chair of each, must be county councilmembers appointed by the chair of the council and must include councilmembers from districts with unincorporated residents. The chair of the county council shall also appoint the chair and vice-chair of each committee. The remaining members of each committee must be local elected city officials appointed from and in proportion to the relative populations of the city of Seattle and the other cities and towns in the county. Cities and towns other than the city of Seattle may appoint two persons for each of their allocated memberships in each committee, each person with one-half vote.
b. The regional water quality committee is to have twelve voting members. Six members of the committee, including the chair, must be county councilmembers appointed by the chair of the council, and must include councilmembers from districts with unincorporated residents. The chair of the county council shall also appoint the chair and vice-chair of the committee. The remaining members of the committee must be local elected city officials appointed from and in proportion to the relative populations of the city of Seattle and the other cities and towns in the county, and two members from special purpose districts providing sewer service in King County. Cities and towns other than the city of Seattle may appoint two persons for each of their allocated memberships, each person with one-half vote.
2. Alternating memberships. Each appointing authority may alternate members in accordance with the procedures established by the authority. The appointments must be announced at the beginning of each regional committee meeting to the committee chair or vice-chair and committee secretary by a person authorized by the appointing authority. Each appointing authority shall identify those members to receive mailings and notices of meetings.
C. Quorum, notice and voting. Members representing six and one-half votes constitute a quorum of a regional committee. In the absence of a quorum, the committee may perform all committee functions except for voting on legislation. Notice of all regular and special meetings must be provided as specified in the Open Public Meetings Act of 1971, chapter 42.30 RCW, and notice must be given to members of the committees, including members who at any time during the calendar year have served on the committee or have been designated by their appointing authority to receive notice. All recommendations of a regional committee must be approved by a majority of the members present and voting and must consist of at least three and one-half affirmative votes. All recommendations must be signed only by members who were present and voting on the matter and be made on a committee report form supplied by the council. There may not be voting by proxy.
D.1.a. Referral to the regional transit committee. The chair of the council shall refer to the regional transit committee countywide policies and plans related to the transit services formerly provided by the municipality of metropolitan Seattle. If a standing committee of the council is considering an issue that, upon the standing committee's subsequent review, the standing committee believes should be considered as a countywide policy or plan related to transit, then the standing committee shall so inform the chair of the council. The chair of the council may then determine whether the policy or plan is to be referred to a regional committee.
b. Referral to the regional water quality committee. The chair of the council shall refer to the regional water quality committee countywide policies and plans related to the water quality services formerly provided by the municipality of metropolitan Seattle. If a standing committee of the council is considering an issue that, upon the standing committee's subsequent review, the standing committee believes should be considered as a countywide policy or plan related to water quality, then the standing committee shall so inform the chair of the council. The chair of the council may then determine whether the policy or plan is to be referred to a regional committee.
2. Regional policies committee work program. The regional policies committee shall establish its subject matter through a work program adopted by ordinance by the council. Once the work program is adopted, all regional policies and plans related to the subject matter must be referred to the committee by the council.
3. Provisions applicable to referrals by chair and rereferrals. Referrals by the chair or rereferrals are subject to the procedures, rights and constraints of Rules 13, 17 and 26, K.C.C. 1.24.125, 1.24.165 and 1.24.255.
4. Proposals and recommendations. If a regional committee develops a proposed countywide policy or plan, or amendment or repeal of a policy or plan, and adopts a recommendation with respect to the policy, plan, amendment or repeal, a county councilmember may introduce the appropriate legislation to adopt the recommended policy or plan.
E. Time for review -- committees. A regional committee shall review legislation referred to it within one hundred twenty days of the legislation's referral or such other time as is jointly establihed by the council and the committee, which shall be confirmed in the form of a motion adopted by the council. However, the committee may request, and the county council may grant by motion, additional time for review. If the committee fails to act upon the proposed policy or plan within the established time limit, the county council may adopt the proposed policy or plan upon eight affirmative votes.
F. Time for review - council. The council shall amend, adopt or defeat the legislation referred to a regional committee within ninety days after receipt of an initial regional committee recommendation. However, upon receipt of the council chair's written request for an extension of the time limit, the committee may approve the request in writing by a majority vote at a special meeting or the next regular meeting of the committee.
G. Adoption.
1. A proposed policy or plan recommended by a regional committee may be adopted, without amendment, by the county council by ((seven)) five affirmative votes.
2. A proposed policy or plan that differs from the policy or plan recommended by a regional committee may be adopted by the county council by ((eight)) six affirmative votes after the regional committee has had the opportunity to review all county council amendments.
H. Amendments and rereferral.
1. If the county council votes before the final passage to amend a proposed policy or plan that has been reviewed or recommended by a regional committee, the proposed policy or plan, as amended, must be referred to the appropriate regional committee for further review and recommendation.
2. The timeline for the committee's review after rereferral may not be greater than sixty days. However, the committee may request, and the county council may grant by motion, additional time for review. The committee may concur in, dissent from or recommend additional amendments to the policy or plan.
3. The council shall amend, adopt or defeat the legislation within sixty days after receipt of a regional committee recommendation following rereferral by the council.
I. Regional committee consideration of other regional issues. The chair of the council may request that one or more regional committees examine and comment upon other pending issues that are not countywide policies or plans but would benefit from interjurisdictional discussion. The issues may include, but are not limited to, operational, organizational or implementation measures for countywide plans and policies. This type of regional committee analysis and comment is not subject to the mandatory procedural requirements of Section 270.30 of the King County Charter and the county council may need to act on such issues before comment from the regional committee.
J. The regional committee is governed by the King County Charter, the King County Code and, except to the extent expressly provided otherwise, the rules and procedures established for standing and special committees in this chapter.
K. Role of regional committees.
1. A regional committee shall focus on planning and policy setting in program areas where it has been determined that regional service or facility planning is required and in area where it is agreed the opportunity and need for the planning exist. A regional committee is not responsible for routine review and recommendation on operational and administrative matters such as contracts, budgets, appropriations, and fares and rates, formerly performed by the council of metropolitan Seattle. A regional committee may, however, deal with policies to develop fares and rates within the committee's subject matter area.
2. The regional transit committee shall develop, review and recommend countywide policies and plans related to the transportation services formerly provided by the municipality of metropolitan Seattle. Plans and policies that must be assigned to the committee include, but are not limited to, the long-range transit system and capital improvement plans, service design, development and allocation policies, financial policies, fare policies, facility siting policy and major facilities siting process, and review and comment upon Regional Transit Authority plans.
3. The regional water quality committee shall develop, review and recommend countywide policies and plans related to the water pollution control functions formerly provided by the municipality of metropolitan Seattle. Plans and policies that must be assigned to the committee include, but are not limited to, water quality comprehensive and long-range capital improvement plans, service area and extension policies, rate policies, and the facility siting policy and major facilities siting process.
4. The regional policies committee shall review and recommend regional policies and plans, other than transit and water quality plans, that are within the subject matter area for the committee. Also, the committee may develop proposed policies and plans on issues of countywide significance but, unless referred to the committee by the county council, the policies and plans are not subject to the procedural requirements of Section 270.30 of the King County Charter. Issues that may be referred to the committee or be the subject of the committee's policy development include, but are not limited to, public health, human services, open space, housing, solid waste management, regional services financial policies, criminal justice, jails and district court services, and regional facilities siting. In addition, the regional policies committee may consider major regional governance transition and consolidation issues, particularly those involving potential changes in organization and responsibilities with other county, city or regional organizations.
L. To assist each regional committee in evaluating countywide policies and plans, the committee may conduct public meetings and hearings and request briefings and other information from citizens, county, state and local agencies, business entities and other organizations.
SECTION 7. Ordinance 11683, Section 8, as amended, and K.C.C. 1.24.075 are each hereby amended to read as follows:
Rule 8: Indication of new and deleted matter in ordinances - copies of official communications and request for councilmembers.
A. A section of an existing ordinance may not be amended unless the new ordinance sets forth the amended section at full length. Matter added to an existing ordinance must be indicated by underlining the matter. Matter deleted from an existing ordinance must be indicated by lining out the matter with a solid line and enclosing the lined-out matter within double parentheses. An ordinance may not be presented to or acted upon by the council until this rule is followed.
B. Entirely new sections of ordinances that are to be codified may not be underlined but must be designated "NEW SECTION.".
((C. The chair shall provide copies to all councilmembers of all official communications and requests for council action from the executive, the sheriff, the assessor, the presiding judge or the prosecuting attorney addressed to the chair.))
SECTION 8. Ordinance 11683, Section 9, as amended, and K.C.C. 1.24.085 are each hereby amended to read as follows:
Rule 9: Introduction and initial consideration of proposed legislation.
A. Upon receipt of proposed legislation from the executive, the sheriff, the assessor, the presiding judge, the prosecuting attorney or a councilmember, the clerk of the council shall assign a proposed number to the legislation. The clerk may make formatting and nonsubstantive revisions in form and style to proposed legislation before first reading and shall indicate on the revised legislation that the legislation is revised by the clerk and the date of the revision.
B. Upon signature of at least one member of the council and filing with the clerk of the council, or upon receipt by the council of a proposed ordinance submitted as an institutional initiative under Section 230.50.10 of the King County Charter, the proposed legislation is introduced and must be placed on the agenda for first reading and referral. Legislation may be introduced with the title only, but the legislation must be filed with the clerk by first reading. The chair of the council shall refer both the title and the subsequently filed legislation to committee if the legislation was introduced with the title only. If the legislation is not timely filed, the legislation is to be removed from the agenda and is not to be referred to committee.
C. A member may add his or her name to sponsorship of legislation at any time before passage of the legislation by informing the clerk of the council in writing. The first member listed on the first introduction slip filed for legislation may not remove his or her name from sponsorship of the legislation. However, any other sponsor of legislation may remove his or her own name from sponsorship of the legislation by informing the clerk of the council in writing.
D. First reading of legislation shall consist of either:
1. Printing the number and title of the proposed legislation on the published agenda; or
2. Adding the proposed legislation to the agenda under Rule 5, K.C.C. 1.24.045.B.2. or 3. and including this information in the council's minutes.
E. After the first reading, proposed legislation must be referred to an appropriate committee or committees by the chair of the council, except for motions confirming executive reappointments to boards or commissions, which may be referred directly to the council consent agenda. Proposed legislation referred to more than one committee must be considered consecutively by the committees in the order set forth on the marked published agenda or as specified by the chair during the meeting and reflected in the council's minutes.
F. Upon being reported out of committee with a recommendation signed by a majority of the committee, proposed legislation must be placed upon an agenda after consideration of public hearing notice requirements for appropriate action. The clerk of the council may make formatting and nonsubstantive revisions in form to proposed legislation after the legislation is reported out of the committee and before the legislation is placed on the agenda for second reading and shall indicate on the revised legislation that the legislation is revised by the clerk and the date of the revision.
SECTION 9. Ordinance 11683, Section 10, as amended, and K.C.C. 1.24.095 are each hereby amended to read as follows:
Rule 10: Public hearing and second reading. At least seven days must elapse after first reading of a proposed ordinance, other than an emergency ordinance, before the council may conduct ((a)) the required public hearing on the proposed ordinance. This rule may be temporarily suspended for a special purpose by a vote of two-thirds of the members elected. The council must conduct a public hearing before adopting an ordinance. Public testimony at the hearing must be germane to the proposed ordinance and must be made in such a manner as to comply with the requirements imposed by the chair under Rule 2B, K.C.C. 1.24.015.B. The chair shall liberally construe this rule as it relates to public testimony.
SECTION 10. Ordinance 11683, Section 11, as amended, and K.C.C. 1.24.105 are each hereby amended to read as follows:
Rule 11: Notice - public hearing on proposed ordinance. Notice for a public hearing on a proposed ordinance must set forth the title of the proposed ordinance and the date, hour and place of hearing. Notice is accomplished by posting notice outside the council chambers, and by such other means required by law. Notice made under this rule constitutes due notice as required in Section 230.10 of the King County Charter. If required, notice must also be provided in the manner and for the time prescribed in the King County Code and state law.
SECTION 11. Ordinance 11583, Section 12, as amended, and K.C.C. 1.24.115 are each hereby amended to read as follows:
Rule 12: Notice - police and sanitary regulations.
A. Unless otherwise provided for by state law, an ordinance that establishes a police or sanitary regulation may not be passed unless a public hearing, of which at least ten days' notice has been given, has been held on the ordinance by the council. The notice must be published in the official county newspaper. The notice must also be posted in conformance with Rule 11, K.C.C. 1.24.105.
B. The notice must either:
1. Set out a copy of the proposed ordinance;
2. Summarize the content of each proposed ordinance, succinctly describing the main points of each section and stating that the full text of the proposed ordinance will be mailed upon request without charge. However, a penalty section of an ordinance or a section containing a provision regarding taxation or containing a legal description must be published in full; or
3. If a code is adopted by reference, set forth the full official title and a statement describing the general purposes of the code.
SECTION 12. Ordinance 11683, Section 13, as amended, and K.C.C. 1.24.125 are each hereby amended to read as follows:
Rule 13: ((Recalling)) Relieving legislation from committees. A standing committee of the council may be relieved of further consideration of proposed legislation, regardless of prior action by the committee, by ((seven)) five members of the council. The council may then by the required majority vote make the orderly disposition of the proposed legislation including, if appropriate, final passage or setting a public hearing on the matter.
SECTION 13. Ordinance 11683, Section 14, as amended, and K.C.C. 1.24.135 are each hereby amended to read as follows:
Rule 14: Adoption by consent.
A. ((A c))Consent agendas may be established by the chair of the council or a committee. ((A p))Proposed ((ordinance)) legislation may be placed on ((the)) a consent agenda ((if a committee or council hearing was previously held on the measure and if a council member does not object to the placement)) at a council meeting upon recommendation by the committee that considered the legislation. If a member objects to the placement of ((a)) proposed ((ordinance)) legislation on ((the)) a consent agenda, the proposed ((ordinance)) legislation must be removed from the consent agenda. ((A proposed motion may be placed on the consent agenda upon recommendation by the committee.)) Proposed legislation on the consent agenda at a council meeting is not subject to amendment except as recommended in the committee report. All items on ((the)) a consent agenda, whether committee recommendations or final council action, may be adopted in one motion by oral roll call vote.
B. Employment committee recommendations shall be contained in a written recommendation report that shall be sent to the full council in the manner set forth in the council's organizational motion. The council shall consider the recommendation reports from the committee on an employment committee consent agenda. However, in the event the employment committee forwards two recommendations to the council on the same matter, the two recommendations shall be considered separately from the consent agenda. Upon the request of any member present before the full council, any specific recommendation from the employment committee shall be removed from the consent agenda and considered separately by the council after adoption of the employment consent agenda.
C. A consent agenda on hearing examiner recommendations may be established by the chair of the council. A hearing examiner recommendation may be placed on the agenda on hearing examiner recommendations if a hearing was previously held on the measure and if a council member does not object to the placement. If a member objects to the placement of a hearing examiner recommendation on the consent agenda on hearing examiner recommendations, the recommendation must be removed from the consent agenda on hearing examiner recommendations. All items on the consent agenda on hearing examiner recommendations may be adopted in one motion by oral roll call vote.
D. A consent agenda on motions confirming reappointments to boards and commissions may be established by the chair of the council. If a member objects to the placement of a confirmation motion on the consent agenda, the motion must be removed from the consent agenda and considered separately before adoption of the confirmation consent agenda. Confirmation motions referred to the consent agenda may be adopted in one motion by oral roll call vote.
SECTION 14. Ordinance 11683, Section 16, as amended, and K.C.C. 1.24.155 are each hereby amended to read as follows:
Rule 16: Amendments. A member may offer amendments to proposed legislation for consideration by the council or a standing committee, in accordance with the following:
A. The clerk of the council shall establish the proper form for an amendment. Except as provided in subsection F of this rule, an amendment must:
1. Be in writing;
2. Bear the name of the member who offers it as well as the page and line number of the proposed legislation to be amended; and
3. Be distributed to each member.
B. An amendment to proposed legislation may not change the scope and object of the proposed legislation. An amendment must be germane and must embrace the single subject contained within the proposed legislation.
C. ((Legislation or a section of legislation may not be revised or amended unless the new legislation sets forth the revised legislation or the amended section at full length.
D.)) 1. For the purposes of this subsection ((D,)) C:
a. "line amendment" means an amendment that either adds or deletes, or both, material in a specified portion of legislation((,)). A "specified portion of legislation" includes either or both the legislation's body and any substantive attachment incorporated as part of the legislation; and
b. "striking amendment" means an amendment that deletes the entire text of legislation and inserts new language.
2. Striking amendments should be considered before any line amendments. If a striking amendment is moved, all line amendments to the striking amendment, including amendments to the attachment, must be approved or rejected before the striking amendment is approved or rejected.
3. Line amendments should be considered section by section with perfecting amendments considered first.
((3. If a striking amendment is moved, all line amendments to the striking amendment must be approved or rejected before the striking amendment is approved or rejected.))
4. Only one amendment and one amendment to the amendment are permitted at a time, but any number of each may be offered in succession if a question already decided is not raised again.
5. Title amendments must be considered after the amendments to ((the main text of)) the proposed legislation.
E.1. Substitute legislation may only come before the council after consideration by a standing committee. A member may demand a vote on the question of whether the committee substitute is to be substituted for the original proposed legislation. A substitute ordinance must be within the scope and object of the original proposed ordinance.
2. A member may offer proposed substitute legislation for a standing committee's consideration, but a member may demand a vote on the question of whether the standing committee is to consider the original legislation rather than the proposed substitute legislation. A proposed substitute ordinance must be within the scope and object of the original proposed ordinance.
F. In accordance with Rule 14.A, K.C.C. 1.24.135.A, proposed legislation on the consent agenda is not subject to amendment except as recommended in the committee report.
G. To promote efficiency, the council chair, or the chair of a standing committee at the committee's meeting, may accept for consideration an oral amendment that is easily understood.
SECTION 15. Ordinance 11683, Section 20, as amended, and K.C.C. 1.24.195 are each hereby amended to read as follows:
Rule 20: Final passage of legislation.
A.1. Except as otherwise provided in this rule or state law, ((seven)) five affirmative votes are required to adopt an ordinance.
2. ((Eight)) Six affirmative votes are required to adopt an ordinance dealing with countywide policies and plans referred to a regional committee as required by the King County Charter when:
a. the regional committee fails to act within the established time limit; or
b. the ordinance adopted by the council differs from the regional committee recommendation.
3. ((Nine)) Six affirmative votes are required to:
a. enact an emergency ordinance; or
b. override a veto as provided in Rule 22, K.C.C. 1.24.215.
B.1. A majority vote of the members present at a council meeting is required to approve a motion, except as provided in subsection B.2 of this rule.
2. ((Eight)) Six affirmative votes are required to adopt a motion dealing with countywide policies and plans referred to a regional committee as required by the King County Charter when:
a. the regional committee fails to act within the established time limit, or
b. the motion adopted by the council differs from the regional committee recommendation.
SECTION 16. Ordinance 11683, Section 21, as amended, and K.C.C. 1.24.205 are each hereby amended to read as follows:
Rule 21: Reconsideration.
A. 1. A motion for reconsideration on the final adoption or passage of legislation must be made during the meeting at which the vote on final passage is taken. A vote on a motion for reconsideration on the final adoption or passage of legislation must be taken at the same meeting the vote was taken((, but)) unless the council ((may)) votes to postpone the vote for reconsideration until the next council meeting.
2. While the ((question of)) motion for reconsideration is pending, the legislation ((is not)) shall not be considered adopted or passed. The clerk of the council may not transmit an ordinance to the county executive until the question of reconsideration is decided.
B. ((A motion to reconsider an amendment may only be made before the ordinance is passed.)) If a motion to reconsider carries, the original question is placed before the council in the exact position the original question occupied before the original question was voted upon.
C. ((Only a member who voted on the prevailing side may move for reconsideration.)) If a motion to reconsider fails, no other motion for reconsideration on the same vote may be made.
D. ((A motion to reconsider may be decided only once if decided in the negative.)) Only a member who voted on the prevailing side may move for reconsideration.
E. ((If a motion to reconsider is carried, the original question is placed before the council in the exact position the original question occupied before the original question was voted upon.)) A motion to reconsider an amendment may only be made before the ordinance is passed.
F. Reconsideration of an action under K.C.C. chapter 20.24 is governed by K.C.C. 20.24.250.
SECTION 17. Ordinance 11683, Section 23, as amended, and K.C.C. 1.24.225 are each hereby amended to read as follows:
Rule 23: Lapse and reintroduction of legislation. Proposed legislation that is not ((acted upon)) passed or defeated on a vote on final passage at a council meeting before the end of the calendar year lapses if not introduced, reintroduced or passed or defeated on a vote on final passage at a council meeting by February 1 of the next year. Legislation is reintroduced by filing a reintroduction slip with the clerk of the council. Reintroduced legislation keeps the same number assigned to the legislation originally.
SECTION 18. Ordinance 11683, Section 24, as amended, and K.C.C. 1.24.235 are each hereby amended to read as follows:
Rule 24: Public record of council meeting.
A. The verbatim public record required by Section 220.40 of the King County Charter must be kept by means of electronic recording of matters occurring at the open sessions of public meetings of the county council. The proceedings of all council and committee meetings must be taken by means of electronic recording. The electronic recordings of the meetings must be retained in the office of the clerk of the council for five years, after which the recordings must be transferred to the records, elections and licensing services division, which shall retain the recordings.
B. The clerk of the council or of the committee shall produce minutes, in the form of proceedings, of a meeting according to state law.
SECTION 19. Ordinance 11683, Section 27, as amended, and K.C.C. 1.24.265 are each hereby amended to read as follows:
Rule 27: Parliamentary rules. The rules of parliamentary practice comprised in the ((1990, 9th)) most-recent edition of the Scott, Foresman Robert's Rules of Order must be used as a guide to address procedural questions to the extent consistent with the standing rules in this chapter.
SECTION 20. Ordinance 11683, Section 31, as amended, and K.C.C. 1.24.305 are each hereby amended to read as follows:
Rule 31: Legal signature. An official document issued by order of the council must be signed by the chair or in his or her absence the vice-chair ((or acting chair)) as provided in Rule 3, K.C.C. 1.24.025, and attested by the clerk of the council or acting clerk
of the council, except as otherwise provided by the King County Charter.
SECTION 21. This ordinance takes effect January 1, 2006.