011-24 - Ordinance - City Council MeetingsDocusign Envelope ID: A545996F-3B7C-4232-B002-8E15B18B2F07
ORDINANCE NO. 011-24
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING
TO CITY COUNCIL MEETINGS; REPEALING PORT ORCHARD MUNICIPAL CODE
SECTIONS 2.04.070 AND 2.04.090, AND AMENDING PORT ORCHARD
MUNICIPAL CODE SECTIONS 2.04.020, 2.04.040, 2.04.060, 2.04.100,
2.04.120, 2.04.160, 2.04.170, 2.04.180, 2.04.210, AND 2.04.220; PROVIDING
FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council has adopted rules for the conduct of its meetings, which are
codified at Port Orchard Municipal Code Chapter 2.04; and
WHEREAS, at its recent retreat, the City Council requested modifications to these rules to
further the efficient and effective conduct of meetings; and
WHEREAS, additionally, staff audited Chapter 2.04 and proposed amendments to update
certain provisions to enhance clarity, and to reflect current practices as well as changes in law; and
WHEREAS, the City Council has reviewed the proposed amendments and believes it to be in
the best interests of the City to enact the proposed amendments; now therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION 1. Repealer. Sections 2.04.070 and 2.04.090 of the Port Orchard Municipal Code
are hereby repealed in their entirety.
SECTION 2. Amendment. Section 2.04.020 of the Port Orchard Municipal Code is amended
to read follows:
2.04.020 Rules of procedure.
The rules of procedure contained in this chapter, and as may adopted by Council by Resolution,
shall govern deliberations, meetings, and the conduct of the council.
SECTION 3. Amendment. Section 2.04.040 of the Port Orchard Municipal Code is amended
to read follows:
2.04.040 Quorum.
At all meetings of the council, a majority of the council members shall constitute a quorum for the
transaction of business, but in the absence of a quorum a less number may adjourn any meeting to
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a later time or date, and in the absence of all members the clerk may adjourn any meeting to a
later time or date.
SECTION 4. Amendment. Section 2.04.060 of the Port Orchard Municipal Code is amended
to read follows:
2.04.060 Order of business.
The order of business for regular meetings shall be as follows:
(1) Call to order and roll call;
(a) Pledge of allegiance;
(2) Approval of agenda;
(3) Public comments;
(4) Approval of consent agenda;
(5) Presentations;
(6) Public hearings;
(7) Business items;
(8) Council committees' reports;
(9) Mayor's report;
(10) Department directors' reports;
(11) Public comments;
(12) Executive session;
(a) Motions as a result of executive session;
(13) Adjournment;
(14) Committee meetings, date, time, and location.
SECTION S. Amendment. Section 2.04.100 of the Port Orchard Municipal Code is
amended to read follows:
2.04.100 Motions in writing.
Motions shall be reduced to writing when required by the presiding officer of the council or
any member of the council. All resolutions and ordinances shall be in writing.
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SECTION 6. Amendment. Section 2.04.120 of the Port Orchard Municipal Code is
amended to read follows:
2.04.120 Journal kept by clerk.
The clerk shall keep a correct journal of all proceedings, which shall be a public record, and
at the desire of any member the ayes and nays shall be taken on any question and entered in the
journal. The journal shall reflect action taken only when at regular and special meetings. Work
study sessions shall reflect a brief summary.
SECTION 7. Amendment. Section 2.04.160 of the Port Orchard Municipal Code is
amended to read follows:
2.04.160 Voting required by council member.
Each member present must vote on all questions put to the council, except as to matters
with respect to which such council member has a conflict of interest; matters presented for council
consideration by an entity other than the city in which the council's determination is advisory only;
or meeting minutes of a meeting the council member did not attend. For the purposes of this
section, a member is considered present when appearing remotely in accordance with POMC
2.04.045.
SECTION 8. Amendment. Section 2.04.170 of the Port Orchard Municipal Code is
amended to read follows:
2.04.170 Public meetings.
All regular and special meetings of the council shall be public, and no ordinance, resolution,
rule, regulation, order or directive shall be adopted except in a meeting open to the public, the
date of which is fixed by the council, law, or rule. Pursuant to state law, closed and, executive
sessions, from which the public is excluded, may be held for any authorized purpose.
SECTION 9. Amendment. Section 2.04.180 of the Port Orchard Municipal Code is
amended to read follows:
2.04.180 Motion for adjournment.
A motion for adjournment shall be always in order, provided the chair may adjourn the
meeting at the conclusion of business without a motion, and adjournment is authorized as set forth
in POMC 2.04.040.
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SECTION 10. Amendment. Section 2.04.210 of the Port Orchard Municipal Code is
amended to read follows:
2.04.210 City employees requested to attend.
The chair shall ensure that all regular meetings, workshops, special and emergency
meetings of the council are appropriately staffed. The mayor or designee may authorize remote
attendance by employees, at the mayor or designee's discretion.
SECTION 11. Amendment. Section 2.04.220 of the Port Orchard Municipal Code is
amended to read follows:
2.04.220 Duty of presiding officer.
It shall be the duty of the presiding officer of the regular council meeting to:
(1) Call the meeting to order;
(2) Keep the meeting to its order of business;
(3) State each motion and require a second to that motion before permitting discussion;
(4) Handle discussion in an orderly way:
(a) Give every council member who wishes an opportunity to speak;
(b) Permit audience participation at appropriate times;
(c) Keep all speakers to the rules and to the questions;
(d) Give pro and con speakers alternating opportunities to speak;
(5) Put motions to a vote and announce the outcome;
(6) Suggest but not make motions for adjournment and adjourn the meeting at the
conclusion of business.
SECTION 12. Severability. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 13. Corrections. Upon approval of the city attorney, the city clerk and the codifiers
of this ordinance are authorized to make necessary technical corrections to this ordinance,
including, without limitation, the correction of clerical errors; references to other local, state, or
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federal laws, codes, rules, or regulations; or section/subsection numbering.
SECTION 14. Effective Date. This ordinance shall be in full force five days after posting and
publication. A summary of this ordinance may be published in lieu of publishingthe ordinance in its
entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this.11t" day of June 2024.
Docaigned by:
F4F.riRd�
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM ONLY:
D/ocuSigned by:
Charlotte A. Archer, City Attorney
PUBLISHED: June 14, 2024
EFFECTIVE DATE: June 19, 2024
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