Loading...
HomeMy WebLinkAbout07/21/2026 - Work Study - Additional Doc-Draft Council RulesCity of Port Orchard Draft - Updated 7/14/2026 Section 1. Purpose 1.01 Authority. These Rules of Procedure, the Port Orchard Municipal Code (POMC), and applicable provisions of the Revised Code of Washington (RCW), constitute the official Rules of Procedure for the Port Orchard City Council. Robert's Rules of Order shall govern the deliberations of the City Council except when in conflict with any of the rules set out in the Port Orchard Municipal Code or these Rules of Procedure. 1.02 Effect. These Rules shall be in effect upon adoption by the City Council and until such time as they are amended or new rules are adopted in the manner provided by these Rules. Section 2. City Council The Port Orchard City Council serves as the city's legislative authority. The Council sets policies, adopts ordinances, approves the annual budget, and oversees the city's finances to ensure accountability and alignment with community priorities. While the Mayor and staff handle day-to-day administration, the Council provides policy direction and fiscal oversight that guide the city's work. 2.01 Swearing -In. As provided for in Revised Code of Washington (RCW) 29A.60.280, 35A.12.040 and POMC XXX, Councilmembers shall take an oath of office upon commencement of their term of office. The oath will be recorded with Kitsap County. Councilmembers may be given the oath by a municipal judge, Kitsap County Auditor, Mayor or the City Clerk. The oath will include the wording provided in RCW 29A.04.133. 2.02 Election of Council President. A. Timing. Per POMC XXX, the election of Council President is to take place at the first Regular meeting of each calendar year. B. Process. The nomination and election process will proceed as follows: 1. The Mayor calls for nominations for Council President. 2. When there are no further nominations, the Mayor announces that nominations are closed. City of Port Orchard Draft - Updated 7/14/2026 3. The nominees are then voted on in the order the nominations were made. The vote is taken by voice and show of hands. 4. The process continues until a nominee receives a majority of the votes. 5. The first nominee receiving a majority vote is declared the new Council President. 2.03 Council Vacancy. A. Authority. Per RCW 42.12.070, the remaining members of the Council are vested with the responsibility for appointing a qualified person to fill a vacant Council position within 90 days of the vacancy. B. Schedule. Upon receiving a notice of resignation, the City Clerk will prepare an interview and appointment schedule for filling the Council vacancy and provide it to the City Council for feedback and approval at an upcoming Council meeting. C. Notice. The City Clerk will then distribute and publish notice of the vacancy for no less than one month. The application will be made available on the website. D. Applicants. The names of the applicants received by the deadline date and time and who have met the minimum qualifications will be circulated to Councilmembers. Applications will be provided in the agenda packet of the Council meeting at which applicant presentations will be made. E. Presentations. Applicant presentations will be made at a Regular or Special Council meeting. Each applicant will be allocated five minutes to provide a verbal presentation to City Council. The order of the presentations will be determined by a random drawing by the City Clerk. Upon the end of the presentation, councilmembers will have up to ten minutes to ask questions of the council applicant, followed by a closing statement by the applicant. F. Executive Session. Upon completion of the presentations, the City Council may convene into executive session to evaluate the qualifications of the applicants. Nominations, voting and selection of an applicant to fill the vacancy will be conducted during an open public meeting. City of Port Orchard Draft - Updated 7/14/2026 G. Appointment Process. At the determined Council meeting in open session, the nomination and election process will proceed as follows: 1. The Mayor calls for nominations. 2. When there are no further nominations, the Mayor announces that nominations are closed. 3. The nominees are then voted on in the order the nominations were made. The vote is taken by voice and show of hands. 4. The process continues until a nominee receives a majority of the votes. 5. The first nominee receiving a majority vote is declared the new Councilmember: H. Swearing In The new Councilmember will be sworn into office immediately after appointment or as soon thereafter as feasible. The Councilmember shall serve the term as provided in Chapter 29A.24 RCW. 2.04 Appointments. A. Standing Committees. The appointments to the standing committees of the City Council will be made bi-annually based on the preference of each councilmember. The committees will consist of three Councilmembers each. If more than three councilmembers vie for the same committee, the council will choose the committee members by vote. The committee members at the first committee meeting will nominate and vote on a Chair. B. Regional Boards. These appointments will be made bi-annually based on the preference of each councilmember. In order to best represent the interests of the City, as is typically described in the adopted RegionalAgenda, Councilmembers are encouraged to participate in local, regional, state and national committees, agencies and organizations. Dedicated Seats are defined as seats on a board that is specifically reserved for an elected official of the Port Orchard City Council. (Examples: Puget Sound Regional Council, Kitsap Regional Coordinating Council, Kitsap Transit, Kitsap Economic Development Committee). 3 City of Port Orchard Draft - Updated 7/14/2026 C. Appointment Authority for Dedicated and Optional Seats. The Mayor has the opportunity to serve on seats that are dedicated to any elected official of the City and not specifically to a City Councilmember. Appointment to any remaining dedicated seats shall be made by a vote of the council. Appointments to optional seats shall be made by the Mayor in coordination with the Council President. The Clerks office will notify Councilmembers of upcoming application deadlines to fill seats on vacant positions. Councilmembers desiring to serve in one of these seats shall submit a notice of interest to the Mayor and Council President. All efforts shall be made to accommodate the Councilmember preferences. The Mayor and Council President shall review and discuss all applications and appointments in order to share their perspectives on how the City's interests can be best served. D. Notification. The Mayor shall communicate the appointments to the City Council and the City Clerk. The City Clerk will include the appointments in the agenda packet of the next Regular Council meeting. The Council President will announce the appointments under Committee/Regional Reports or Councilmember Reports at a Regular Council meeting. The Clerk's Office will transmit all decisions (applications, nominations or appointments) to the appropriate entity. E. Vacancy. If a vacancy should occur during the year, the appointment opportunity shall be communicated to the City Council. Councilmembers interested in filling the vacant standing committee seats, dedicated seats and optional regional appointment position(s) shall notify the respective appointing authority of their interest by the stated deadline. The appointments shall be made as provided in POMC XXX of these Rules. Section 3. Council Protocols 3.01 Attendance. A. Expectation. Except otherwise noted herein, Councilmembers shall attend all Regular, Work Study and Special council meetings and standing committee meetings of which they are a member. B. Excused Absences. Councilmembers shall relay any scheduled travel or periods of absence to the Council President and City Clerk by email well in advance. An exception to the advance notification C! City of Port Orchard Draft - Updated 7/14/2026 will be made for emergency situations or unexpected situations that prevent attendance. When this notification is provided, the Councilmember absence shall be placed on the next agenda for approval of the council. Councilmembers shall also inform the Council President if they will knowingly be late to any meetings. Any excused absences approved by the council shall be noted in the minutes. Any absences that are not excused will be noted as unexcused in the minutes. C. Lack of Attendance. Per RCW 35A.12.060, if a Councilmember has more than three consecutive unexcused absences from Regular Council meetings, their seat shall become automatically become vacant. In addition, excessive, continued or prolonged excused absences or tardiness may be addressed by the City Council on a case -by -case basis. If a councilmember misses 50 percent of a meeting, it will be considered an absence. D. Absence of Mayor. When the Mayor has a known absence extending over a Regular, Work Study or Special Council meeting, a notification will be sent in advance of the meeting to the City Council notifying them that the Council President will serve as Mayor pro tem. 3.02 Participation. A. Quorum. A quorum of the full City Council consists of four Councilmembers. A quorum is required to convene and conduct business at any City Council meeting. B. Possible Quorum. If a quorum of the Council is anticipated at a community or regional event or meeting, the City Clerk will evaluate the meeting/event circumstances to determine if a meeting noticing is needed to ensure compliance with the Open Public Meetings Act (OPMA). In the spirit of OPMA, Council shall make all efforts to follow the below protocol: 1. For events not related to City business: Four or more Councilmembers may attend, but may not discuss City business. 2. For events related to City business where a meeting notice has not been issued, three Councilmembers may attend. If a fourth Councilmember arrives, one Councilmember member will need to leave. I; City of Port Orchard Draft - Updated 7/14/2026 3. For events related to City business where a meeting has been noticed, four or more Councilmembers may attend. 3.03 Council Leadership Roles & Responsibilities. A. Council President. The Council President shall provide leadership to the Council by exercising the following duties: 1. Serve as the Mayor pro tem in the absence of the Mayor. 2. Coordinate agendas for Regular, Work Study and Special Council meetings in coordination with the Mayor (POMC XXX). 3. When needed, be the liaison between the Mayor and City Council to relay issues and concerns. 4. Provide input in the planning and coordination efforts for Council retreats/planning sessions and town halls. 5. Represent the City Council at events or designate another Councilmember to do so as appropriate. 6. If a councilmember engages in conduct that violates council procedures or applicable laws in the performance of their duties, the Council President will address the matter expediently with the councilmember and will subsequently inform the Council that the issue has been addressed. 3.04 Councilmember Training. A. Orientation. The City Clerk shall work to schedule orientations with each of the department directors upon appointment/election within 30 days. B. Open Government Training. Councilmembers shall receive the training required by the State of Washington on the fundamentals of the Open Public Meetings Act (OPMA), Public Records Act (PRA), and records retention requirements per RCW 42.56.150. The training may be provided by the City Clerk, the City Attorney, Association of Washington Cities (AWC), or any other appropriate entity. C. General Training. Councilmembers are also expected to review the AWC Mayor and Councilmember Handbook (see Appendix A) and participate in training on the role of a City Councilmember, such as that offered by the AWC. City of Port Orchard Draft - Updated 7/14/2026 D. Council Policies and Procedures Councilmembers will be required to read and sign an acknowledgement of council policies and procedures within 30 days of taking the oath of office. 3.05 Open Public Meetings Act. Communication shared among four or more Councilmembers, either concurrently or serially, must be restricted to providing information. Responses to such communication should be limited to ensure that Council business is conducted only at its scheduled meetings. Discussion of City business by a majority of the Council must be conducted in an open meeting. Use of any electronic communication (email, text, social media, etc.) to form a collective decision of the Council is inappropriate and violates the Open Public Meetings Act, RCW 42.56 (see also Appendix B and C). 3.06 Leadership Meetings. (Can this be deleted since it may be a duplicate of 3.03A) Monthly meetings will be held between the Mayor and Council President. The purpose of the meetings is to: Review placement and timing of upcoming meeting agenda items and items on the Council planning calendar Share pertinent informational updates 3.07 Council Representation. A. Guidelines. When meeting with, speaking to, or appearing before a community group or another governmental agency or representative, Councilmembers shall: 1. State the official City position, when a position has been taken, on an issue when representing the City or attending meetings in an official capacity as a Councilmember. Councilmembers will consult with the Mayor, if needed, to ensure they are informed on the position on any topics that are anticipated to be addressed. 2. Clearly state whether their comments reflect the official stance of the City Council or their individual position. 3. Consult with the City Attorney and Mayor regarding any topics that relate to City liability or current litigation so that they have a clear understanding of what maybe said prior to discussing. B. Regional Boards. rA City of Port Orchard Draft - Updated 7/14/2026 Councilmembers participating in policy discussions at regional meetings will represent the consensus of the Council, when established, except where regional appointments require regional opinions. Personal positions, when given, will be identified and not represented as the position of the City. If a Councilmember desires to convey the position of the Council on a regional issue, they may solicit feedback under Committee/Outside Agencies Reports or Good of the Order at a Regular Council meeting. Information on the issue shall be provided to the Council in advance, when feasible, in order for Councilmembers to make an informed decision. C. Media Alert. Councilmembers shall send an email to the Council and Mayor as soon as possible after they have spoken with the media on a City issue. 3.08 Correspondence. A. Incoming Correspondence. The following process shall be used for incoming correspondence: 1. Email: Messages to citycouncil@Port Orchardwa.gov or the City Council distribution list are automatically sent to each Councilmember and Mayor. 2. Physical mail: All physical correspondence, unless marked on the outside envelope, will be opened, date stamped and scanned and emailed to the City Council distribution list, or, if addressed to a specific Councilmember only, that Councilmember(s). The original is filed with the City Clerk. 3. Any correspondence dealing with City business that is mailed or emailed to a Councilmember at a personal address shall be provided to the City Office for normal processing, distribution and filing as noted above. 4. All email and mail shall be retained in accordance with the City's Public Records Policies. B. Response Process. The Council President will respond to correspondence addressed to the full Council and councilmembers@PortOrchardwa.gov. The message will include a statement that indicates individual Councilmembers may also respond. For correspondence that includes the Mayor, a separate response may also be provided by the Mayor's Office. City of Port Orchard Draft - Updated 7/14/2026 For correspondence sent to a specific Councilmember by a member of the public, a response may be sent by that Councilmember. Councilmembers are encouraged to forward their response to the city clerk for distribution to all. C. Response Content. In providing a response, Councilmembers shall: 1. Clearly state whether their statements reflect the official stance of the City Council or their individual position; 2. State the official City Council position on an issue if responding on behalf of the City Council; 3. Consult with the City Attorney or Mayor on any topics that relate to City liability or current litigation so that they have a clear understanding of what maybe communicated prior to responding. Because of fiscal responsibilities, Councilmembers must consult with the Mayor prior to consulting the City Attorney before responding. D. Quasi Judicial. A quasi-judicial action is one in which the Council applies existing laws to a specific property or set of facts, typically involving land -use permits, variances, appeals, or other site -specific decisions. Hearing Matters. Councilmembers shall not engage in any communication about the substance of a quasi-judicial matter with proponents, opponents, or interested parties outside the public hearing. Councilmembers shall not read or reply to any unofficial correspondence received on a quasi-judicial matter. Official correspondence will be provided to Councilmembers by the City, with copies provided to the parties, except for correspondence subject to the attorney/client privilege. Unofficial correspondence received by a Councilmember regarding a quasi-judicial matter shall be forwarded to the City Clerk or staff lead on the matter, who will provide a reply to the sender explaining that Councilmembers are unable to receive information on items that relate to a current or upcoming quasi-judicial decision outside of a public hearing on that matter. The correspondence will be reviewed by the staff lead who will exclude information that is not contained in the record before submittal to Council. If Councilmembers inadvertently read correspondence received outside of a public hearing on a quasi-judicial matter or discuss the matter with anyone not an official with the city, they shall disclose the communication under the Appearance of Fairness City of Port Orchard Draft - Updated 7/14/2026 Disclosure. Disclosure shall be made at the outset of the City Council taking up the matter on its agenda. E. Exceptions. This policy does not pertain to mail, invitations, meeting notices, newsletters, or materials from outside agencies that do not pertain to City business. 3.09 Council/Staff Interactions. A. Guidelines. The following shall guide interactions between Councilmembers and City staff: 1. There will be mutual courtesy and respect from both City staff and Councilmembers toward each other and of their respective roles and responsibilities. 2. Because of staff work responsibilities, any meeting with Councilmembers will be at a mutually agreed upon time. 3. City staff will acknowledge the Council as policy makers. Councilmembers will acknowledge City staff as subject matter experts who provide consultation to the Council, legal risk and administer policies set by the Council. 4. Councilmembers shall not interfere with the operating rules or practices of any department other than by legislative action where authorized by applicable law. Any personnel concerns shall be communicated to the Mayor. 5. All Councilmember requests for information or staff action shall include or be as directed by the Mayor. 6. Councilmembers seeking advice or an opinion on city business from the City Attorney should first discuss the request with the Mayor to ensure there is sharing of pertinent information, efforts are not duplicated, and fiscal resources are respected. This is not intended to restrict Councilmembers from seeking legal advice directly from the CityAttorney, particularly in cases related to conflicts of interest or appearance of fairness disclosures. 7. No individual Councilmember shall direct City staff, and all direction provided by the full Council shall, by default, be directed to the Mayor who may then allocate resources to address the action item. 8. Councilmembers shall not attempt to coerce or influence staff to engage in any act that is in conflict with, or creates an appearance of conflict with, the performance of official duties as cited in the Code of Ethics (see Appendix X). B. No Surprise Rule. Councilmembers should use best efforts to: 10 City of Port Orchard Draft - Updated 7/14/2026 Contact the Mayor to advise of emerging issues. Provide staff with advance notice of any questions or concerns they may have on agenda items prior to a public meeting, if possible, to allow for staff preparation. Responses to such requests will be provided to the full Council. Provide the Mayor and City Council advance notice if planning to propose substantial amendments or revisions to any agenda item. Council shall comply with the OPMA when complying with this rule. 3.10 Virtual (Remote) Attendance. A. Circumstances. Individual Councilmembers may participate virtually in a Council meeting under limited circumstances, such as a medical issue, illness or quarantine, or travel on City or personal business. Council Committee meetings are not subject to the OPMA where the Committee does not constitute a quorum of the Council, and does not take action on behalf of the Council (including conducting hearings or taking public comment). Committee meetings are virtual by default, unless otherwise directed by action of the Committee. If a member is unable to give their full attention to the meeting, they should request an excused absence. Virtual attendance in these circumstances does not require approval. Councilmembers wishing to attend a meeting virtually for reasons other than those listed above must notify the Council President at least 48 hours in advance of the meeting. Virtual attendance granted for reasons other than those listed above (medical issue, illness or quarantine, or travel on City or personal business) may not exceed a total of four meetings per year. An exception to this policy will be made for an entirely virtual meeting held under certain circumstances as set forth in RCW 42.30.070. B. Role. Virtual participation will be considered attendance at the meeting and shall be counted toward determination of a quorum. Councilmembers attending virtually shall participate and vote during the meeting. C. Equipment Requirements. Virtual participation will occur using a City approved virtual meeting platform. 11 City of Port Orchard Draft - Updated 7/14/2026 At a minimum, Councilmembers must be able to be able to hear the meeting, be audible to all present, and have access to anyvisual presentations being provided during the meeting. Councilmember backgrounds will be blurred or feature an official photo of the city of Port Orchard. D. Presiding Officer. The Mayor or Council President may attend a meeting virtually but shall pass the presiding officer role to another Councilmember who is physically present at the meeting, except when an entirely virtual meeting is held as allowed under certain circumstances as set forth in ROW 42.30.070. 20 E. Meeting Requirements & Procedures. During any meeting that a Councilmember is attending virtually, the presiding officer or staff shall: • Confirm that the Councilmember is audible to all attendees, that the Councilmember can adequately hear all other attendees, and that the Councilmember has access to anyvisual presentations. • State for the record hat the Councilmember is attending virtually and the reasons for such attendance. The virtual participation will be noted in the minutes. If an interruption to an audio or video connection occurs: • If their attendance is required to maintain a quorum, the meeting will be recessed until their connection can be restored. • If their attendance is NOT required to maintain a quorum, the meeting will proceed. If the virtual attendee cannot reconnect, they will be considered to have an excused absence for the remainder of the meeting. Councilmembers participating virtually shall comply with all rules and procedures as if they were physically present at the meeting to the extent possible. In addition, the City office will provide Councilmembers attending virtually any specific virtual meeting procedures to be followed. 3.11 Dress Code Councilmembers are expected to wear professional attire to all council events depending on where and when the event occurs, such as council chambers, ribbon City of Port Orchard Draft - Updated 7/14/2026 cutting, public meetings, etc. During council events if councilmembers wear a name badge it shall be the city issued name badge. Councilmembers will not wear any political campaign material during a meeting of the council. Section 4. Council Meetings 4.01 General Meeting Guidelines. All Council meetings shall comply with the requirements of the Open Public Meetings Act (RCW 42.30). 4.02 Meeting Types. A. Regular Meetings. Per POMC XXX, the City Council will adopt an annual resolution setting forth the dates and times of regular meetings for the following year. Regular meetings will also include a virtual attendance option using a virtual meeting software. These Regular meetings will be the business meetings of the Council where formal Council action may be taken.. To allow for a summer and winter break, the City Council shall not hold a Regular meeting on the fourth Tuesday in the months of August or December, B. Work Study Regular Council Work Study meetings at 6:30 p.m. on the third Tuesdays of each month in the Council Chambers of City Hall. Work Study meetings will also include a virtual attendance option using a virtual meeting software. (I don't believe we have a work study in August) C. Special Meetings. Any meeting scheduled outside of the regular date, time or location of a Regular Council meeting is considered a Special meeting. The provisions for calling and noticing Special meetings are provided in POMC XXX and RCW 42.30.080. Special meetings may be called for a variety of reasons, such as to conduct business between Regular and Work Study meetings, devote time to a specific topic or issue, or to plan for the upcoming year. The Council may conduct business at Special Council meetings, including formal Council action when that business is included in the meeting notice and agenda per RCW 42.30.080. Special meetings shall include a virtual attendance option.. D. Town Halls. 13 City of Port Orchard Draft - Updated 7/14/2026 The City Council will hold community engagement sessions. The purpose of these meetings will be to provide a forum to hear from the community on a variety of topics. The community sessions will be held at various locations throughout the City. The frequency of these meetings will be determined by the City Council annually. These sessions will include agenda items of community interest. The meetings will be facilitated by the Council President and noticed as Special meetings of the City Council. E. Emergency Meetings. An emergency meeting is a Special Council meeting called without the 24 hour notice. As provided in RCW 42.30.070 and POMC XXX, an emergency meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. F. Cancellations and Adjournment Any Council meeting may be cancelled by the City Council by consensus or a majority vote, or by the Mayor for reasons including, but not limited to, a lack of agenda items, adverse weather conditions or an emergency. Notice of the cancellation will be provided by the City Clerk. In the event of a lack of quorum, adverse weather conditions or any other prohibition to conducting a scheduled Council meeting as planned, the City Clerk will attempt to determine an alternate meeting date and time in coordination with the Council. The City Clerk may then continue the agenda of the meeting to the established date and time. The date, time and location of the adjourned meeting shall be posted on the door of the meeting room and on the website as soon as is possible. 4.03 Presiding Officer. A. Defined. Per RCW 35A.12.100 and POMC XXX, the Mayor shall be the presiding officer of all Regular, Work Study and Special Council meetings. In the absence of the Mayor, the Council President shall serve as presiding officer. B. Duties. The presiding officer shall: 1. Preserve order and decorum. 2. Observe and enforce all rules adopted by the Council. City of Port Orchard Draft - Updated 7/14/2026 3. Open the meetings on time and call them to order. 4. Announce in proper sequence the business on the agenda. 5. Recognize members who are entitled to the floor. 6. Facilitate public comment at the appropriate times. 7. State and put to a vote all motions that arise during the meeting. 8. Protect the Council from frivolous or delaying motions. 9. Enforce the rules regarding debate and keep order. 10. Expedite business in a way compatible with the rights of the members. 11. Make a ruling on any points of order that are raised (see Section 4.25). 12. Respond to inquiries of members, or direct others to provide a response, related to parliamentary procedure or certain factual information on current business before the Council (point of information). 13. Declare the meeting adjourned. 14. Carry out any other duties as provided under Robert Rules of Order. 4.04 Agenda Preparation. A. Agenda Items. An item may be placed on a Council meeting agenda by the Mayor or by Councilmembers using the methods identified in Section 4.14. B. Preparation. The City Clerk shall prepare a draft agenda for each Council meeting specifying the time and place of the meeting and setting the title and any proposed Council action for each item on the agenda. Per POMC XXX, the Mayor and Council President shall approve the placement (timing and order) of items on the draft agenda. Following approval, a final agenda will be prepared by the City Clerk, distributed to Councilmembers and made publicly available no later than close of business Thursday. This will serve as the official agenda of the meeting and may only be altered by the Council at a public meeting. 4.05 Order of Business. Per POMC XXX, the order of business shall be as follows: The order of business for regular meetings shall be as follows: iiM City of Port Orchard Draft - Updated 7/14/2026 (1) Call to order; (a) Pledge of allegiance; (2) Approval of agenda; (3) Public comments; (4Approval of consent agenda; (5) Public hearings; (6) Presentations; (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)Committee meetings, date, time, and location. (14) Councilmember reports (151 Adjournment; Per POMC XXX, the Mayor or any councilmember may move items up in the order of business at an open meeting, subject to a majority vote of the City Council. 4.06 Call to Order. The presiding officer will call the meeting to order and indicate any Councilmember who has an excused absence. The presiding officer will then lead the City Council in the Pledge of Allegiance. 4.08 Public Comments. A. When Accepted. City of Port Orchard Draft - Updated 7/14/2026 Public testimony shall be taken at all Regular Council meetings under the Public Comments section of the agenda, and during any public hearing when Cityfacilities are open to the public. B. Topic. During Audience Comments, members of the public are invited to address the Council on any topic except: • Public hearing items • Quasi judicial items • Campaign related matters, unless on the agenda (see RCW 42.17A.555) C. Guidelines for Public Participation. The following guidelines shall apply to any public comment before the City Council: Sign in sheet: a sign in sheet will be available for those interested to testify. 1. Protocol: Each person addressing Council shall unmute their microphone (virtual attendees) or step to the lectern (in person attendees). Speakers are asked, but not required, to provide their name and address or relationship to the City for the record. Comments and presentations are limited to 3 minutes each. 2. Conduct: Personal attacks, obscene language, derogatory remarks or other conduct (i.e., shouting, booing, clapping, or stomping feet) that causes a disruption in the meeting will not be permitted. If a speaker is out of order, the presiding officer will direct the speaker to return to his or her seat or, for virtual attendees, may direct staff to mute their microphone. If a speaker does not comply, the presiding officer may take a recess to restore order. If a disruption to the meeting occurs and order cannot be restored, the presiding officer may proceed to use one of the options provided for in RCW 42.30.050 to ensure orderly continuation of the meeting, including cancelation or clearing the room. 3. Large Groups: For any groups in attendance that may be intending to speak on the same topic, the presiding officer will request that the group consider identifying a spokesperson to speak on behalf of the group, and that all those who would like to indicate support of a stated position by that spokesperson raise their hand so the Council can visually confirm the group's size. If the a group of six or more who are present at the meeting agree to a spokes person in lieu of each speaking, that spokesperson may have up to six minutes to address the council. iim City of Port Orchard Draft - Updated 7/14/2026 4. Visual Presentations: Visual presentations must be provided in advance to the Clerk Office. Presentations will be accepted up to two hours prior to the start of the meeting. If a visual presentation cannot be accommodated due to timing, technical or logistical issues, the Clerk Office will workwith the individual to ensure that the City Council receives the content of the presentation as soon as practical. 5. Written Comments: Any written comments or documents provided under Audience Comments shall be submitted to the City Clerk. The City Clerk will provide the documents electronically to the City Council distribution list and copy any relevant City staff. The originals will be filed with the City Office. 6. Format: Council does not respond to comments made at the meeting; however, the Mayor may direct staff to follow up with the speaker as appropriate. 7. Availability: These guidelines for public participation shall be included in the Council meeting agendas. 4.09 Consent Agenda. A. Purpose. POMC XXX provides for a Consent Agenda at City Council Regular meetings. The Consent Agenda is an effective time management tool that authorizes action on multiple items by one motion. This allows Council to focus on items that are controversial, have a high level of public interest, require significant financial or policy decisions or require a public hearing and have therefore been placed elsewhere on the agenda. B. Placement. Per POMC XXX, the Mayor shall approve the placement of items on the Consent Agenda. Items will be placed on the Consent Agenda based on whether they are: an exercise of existing City policy, routine, procedural, required by a regulatory change, have limited or no policy options, have minimal or budgeted financial impact or have been reviewed by an advisory body (board, commission, standing committee, etc.) or by Council at a prior meeting(s). Examples of routine items that may be placed on the Consent Agenda include, but are not limited to: • Approval of accounts payables & payroll • Approval of minutes • Capital project bid awards & acceptance • Items setting a public hearing date & time iii: City of Port Orchard Draft - Updated 7/14/2026 • Mayor's boards & commissions appointments • Grant application submittal & acceptance • Authorization to enter into contracts, leases and agreements • Written informational updates D. Removal. After contacting the Mayor or Department Head for additional information, any Councilmember may, at a public meeting, make a motion to remove an item from the Consent Agenda for separate discussion and action. If removed by a majority vote of the council, the Mayor shall have discretion to place the item at an appropriate place on the agenda for deliberation at the current Council meeting. 4.11 Public Hearings. A. Defined. A public hearing is a formal proceeding for the City Council to receive public testimony on a specific topic. Public hearings shall be held at either a Regular or Special Council meeting. B. Guidelines for Public Participation. The guidelines for participation under Audience Comments (see Section 4.08(C)) also apply to public hearings, except that comments are limited to the subject of the public hearing. C. Procedure. The following procedures shall be used for public hearing items: 1. Introduction by presiding officer 2. Presentation by City staff 3. Public hearing: a. Formally opened by presiding officer b. Public testimony taken c. Formally closed by presiding office (or continued, see Subsection D) 4. Council discussion with City staff 5. Council motion l&] City of Port Orchard Draft - Updated 7/14/2026 6. Deliberation and call for vote This section does not preclude Council from making any other allowable motions under Robert's Rules of Order. D. Continuation. Prior to closing the public hearing, it may be continued to a specific date and time by a majority vote of the City Council. 4.12 Quasi -Judicial Decisions and Appeals. A. Description. Per ROW 42.36.010, quasi-judicial decisions are those that determine the legal rights, duties, or privileges of specific parties based on a hearing or other contested case proceeding, such as preliminary plats, site specific rezones and appeals. Quasi-judicial decisions do not include legislative decisions adopting, revising, or amending comprehensive, community, or neighborhood plans or other planning documents, or the adoption of areawide zoning ordinances or the adoption of a zoning amendment that is of areawide significance. Quasi-judicial decisions require a decision be made by Council using a specific process. B. Record. The decision on a quasi-judicial matter shall be based upon and supported by evidence of record. The consists of all testimony or comment presented at the public hearing before the Hearing Examiner or City Council and all documents and exhibits that have been submitted. Quasi-judicial decisions may be either: 1. Open Record: An open record hearing is one in which all appropriate testimony, information, evidence, and documents may be admitted and considered in the hearing before the City Council. 2. Closed Record: In closed record proceedings, City Council is required to take action based on the factual record established at a prior open record public hearing and on the relevant decision criteria in the POMC. For an appeal, the decision is restricted to the facts presented in the proceedings that resulted in the appeal being filed, including any findings or minutes prepared. No new or arguments or issues may be presented. C. Appearance of Fairness. 20 City of Port Orchard Draft - Updated 7/14/2026 In quasi-judicial open record public hearings and closed record proceedings, Councilmembers shall comply with all applicable laws including the appearance of fairness doctrine (Chapter 42.36 ROW). The appearance of fairness doctrine: 1. Prohibits ex parte (outside of the hearing) communications with limited exceptions requiring disclosure on the record. 2. Prohibits a Councilmember from making a determination on the matter in advance of the hearing. 3. Requires the hearing to be fair and impartial. 4. Prohibits the participation of any Councilmember who has a conflict of interest or financial or other personal interest in the outcome of the hearing or proceedings. A Councilmember shall consult with the City Attorney to determine whether they should recuse themselves from the quasi judicial discussion and decision. If a member is recused, they shall announce their intent under the Appearance of Fairness Disclosures and shall leave the Chamber. They will be considered absent when voting occurs. D. Closed Record Appeal Procedures. The following process shall be used for closed record appeal proceedings before the City Council: 1. Announcement of Project & Description of Process 2. Staff Presentation The staff will present a description of the project, and a brief history of the project review, based upon the record. No opinions or issues are to be expressed or discussed at this time. Information shall be entirely factual and unbiased in order to set the state for subsequent presentation of opposing views. 3. Appellant Argument The appellant will discuss the issues of the appeal and present an argument. Argument shall be made directly by the speakers without questioning from any party. Appellant may reserve rebuttal time. 4. Applicant Argument. Speakers representing the decision being appealed will discuss the issues of the appeal and present the reasons for positions taken that resulted in the appeal 21 City of Port Orchard Draft - Updated 7/14/2026 5. Appellant Rebuttal Argument (if time reserved) 6. Questions from Council. The Council may ask any questions of the staff, appellant, or any person who has previously given testimony. 7, Closing of Argument Portion 8. Council Decision. Unless otherwise identified in the POMC, the Council may decide to: a. Affirm the decision of the responsible official or group. The decision of the official group shall be affirmed unless the decision was not supported by substantial evidence or any portion was clearly erroneous. Is evidence that would persuade a fair minded person of the truth of the statement asserted. Means that after reviewing all the evidence the City Council is left with the definite and firm conviction the decision was in error. The City Council shall give substantial weight to the decision of the previous decision maker. b. Remand to the responsible official or group, provided that remand would not result in more than one open record hearing on the matter. c. Reverse or modify the decision of the responsible official or group based on the record. Written findings and conclusions will be prepared for adoption in accordance with the decision. E. Open Record Appeal Procedures. In the rare event an open record quasi-judicial appeal or hearing comes before the City Council, the City Attorney and staff lead shall work in coordination to establish the hearing procedures. The City Council decision options shall be the same as those under the Closed Record Appeal in subsection (D) of this section. F. State Environmental Protection Action (SEPA) Appeal Procedures. SEPA appeal procedures are established by RCW 43.21 C.075 and POMC XXX, XXX, and XXX. Under these regulations, a SEPA appeal must be consolidated with the open record hearing or appeal on the underlying permit. If a SEPA appeal is heard by the City Council consolidated with an appeal of the underlying permit, the procedures for the appeal of the underlying permit shall apply. The City Council shall give substantial weight to the decision of the SEPA responsible official. 4.13 Regular Business. A. Defined. City of Port Orchard Draft - Updated 7/14/2026 Regular business consists of items requiring Council action or direction B. Procedure. The following procedures shall be used for Regular Business items requiring Council action: 1. Introduction by presiding officer 2. Presentation by City staff 3. Summary of committee recommendation by Chair or designee (if item had a committee recommendation) 4. Council discussion with City staff 5. Council motion: moved and seconded 6. Deliberation and call for vote This section does not preclude Council from making any other allowable motions under Robert's Rules of Order. Agenda items may be postponed to a future meeting by a majority of those present, provided the returning meeting date or timeframe is included in the motion to postpone. While motions are the preferred method for directing the City, there are situations when direction may be provided by consensus. This is limited to items that do not require formal Council action, and in situations when there is clear consensus (see Section 4.23(C)). 4.14 New Business Request. The City Council may wish to bring forward items for discussion and action outside of the established annual work plan. There are multiple ways that an additional work plan item may be brought forward by a Councilmember, including: 1. Direction provided by a majority of the Council at an open meeting by: a. Amending a meeting agenda (Section 4.05) b. Providing direction under consideration of a current work plan item c. Request for consideration of new item raised during Council Reports, and approval of placement of new item on future meeting agenda by majority vote of Council 2. Forward by majority of Council Committee 23 City of Port Orchard Draft - Updated 7/14/2026 This section is not intended to preclude any other process available under Robert's Rules of Order, the Port Orchard Municipal Code, state law or these Rules of Procedure. 4.15 Committee/Regional Reports. This is an opportunity for Councilmembers to verbally report on the following: Standing Committees: The committee chair or their designee shall report on the preceding committee meeting(s). The report should include a list of topics considered and a brief summary of the committee recommendations. a) If the committee made are commendation on an item being considered under the Consent Agenda and the verbal report on the item has not yet been made, the Committee Chair may choose to make the report prior to the motion to approve the Consent Agenda (see Section 4.09). Regional Board and Committees: Councilmembers may provide reports and updates of activities and discussions from each of the regional boards and committees to which they are appointed. If additional discussion or consensus is required on a regional issue, the topic may be brought up under Councilmember Reports. Councilmembers shall avoid duplicate reporting and make best efforts to be concise. 4.16 Mayor's Report. The report will be provided to the City Council and will be delivered verbally at the Council meeting. The Mayor is limited to 10 minutes. 4.17 Councilmember Report. The purpose of the Councilmember Report is to allow and City Council the opportunity to offer comments or observations, make announcements, or receive informal feedback on new work plan items. Councilmembers are limited to 5 minutes, may pass, but may not cede their time to another Councilmember. 4.18 Staff Updates/Reports Updates will consist of informational staff presentations regarding projects, work plan items and other items of relevance that do not require immediate Council action or direction, but maybe referred for further action 4.19 Executive Session. A. Defined. City of Port Orchard Draft - Updated 7/14/2026 An executive session is a portion of a Council meeting that is closed except to the Mayor, Council, City Attorney, and others as authorized or restricted. The public is restricted from attendance. The attendees are set by the Council and by applicable laws. B. Procedure. Executive sessions may be held during Regular or Special Council meetings and will be announced by the presiding officer. Executive sessions may be held for limited purposes as provided by state law as referenced in POMC XXX. Before convening an executive session it shall be announced: 1. The purpose of the executive session as set out in RCW 42.30.110; 2. The anticipated duration of the executive session; and 3. Whether action will be taken in open session following the executive session C. Confidentiality. Per RCW 42.23.070(4), Councilmembers shall maintain the confidentiality of all written materials and verbal information provided during executive sessions to ensure that the position is not compromised. Any written material provided at the executive session will be collected prior to the session ending. If a Councilmember unintentionally discloses executive session material with another party, the Councilmember shall promptly inform the Mayor and the City Council of the disclosure. 4.20 Minutes/Recording. A. Responsibility With. The City Clerk or designee shall attend all Regular, Work Study and Special Council meetings and keep an account of all proceedings of the Council in accordance with RCW 35.23.151 and 42.32.030. The draft meeting minutes shall be provided in the agenda packet of the meeting at which they are to be approved. B. Action Minutes. The minutes shall be limited to the content specified in Robert's Rules of Order, In keeping with action minutes, public comment, debate and discussion will not be included. C. Corrections. Corrections to the minutes shall be made as follows: City of Port Orchard Draft - Updated 7/14/2026 1. Before meeting: Provide any corrections/edits to the City Clerk in writing. The substantive changes will be provided to the Council in advance of the meeting 2. At meeting: Request to have the minutes removed from the Consent Agenda. A motion will be made to amend the minutes to incorporate any corrections/edits. The draft minutes shall be revised to include any amendments approved by a majority of the Council. 4.21 Seating. The Mayor shall sit at the center of the dais. Council seats will be arranged in order of their position starting from the left hand side of the dais. 4.22 Rules of Debate. A. Recognition. When desiring to speak on an issue, a Councilmember shall signal the presiding officer and wait to be recognized. B. Rules. POMC XXX and Robert Rules of Order shall govern the rules of debate. Debate shall: • Be addressed to the presiding officer • Be concise and avoid repetitive arguments or discussion • Be relevant to topic/motion at hand • Be courteous and not include personal attacks All Councilmembers shall have the opportunity to speak once on an issue before any Councilmember speaks a second time. C. Participation of Nonmembers. Although not voting members, the right to address Council during debate shall also be extended to the Mayor, Department Directors and City Attorney to ensure that timely information or clarification relevant to the debate is provided. 4.23 Motion Procedures. A. Authority. Robert's Rules of Order shall govern the making of motions. B. Second. Motions are required to have a second to be considered. City of Port Orchard Draft - Updated 7/14/2026 C. Consensus. When the Council reaches a consensus on an item that does not require a formal motion, the presiding officer will summarize Council's consensus at the conclusion of the discussion. 4.24 Voting Procedures. A. Procedure. The default method for taking votes shall be voice vote, unless the meeting format makes a voice vote impractical. The presiding officer, Councilmember or City Clerk may request an alternate voting format, such as a roll call vote or voice vote with show of hands. The procedures for voting shall be those outlined in Robert's Rules of Order, except that for roll call votes conducted during virtual meetings of the City Council -the City Clerk shall maintain a record of the voting order. The outcome of each vote will be announced by the presiding officer and recorded in the minutes. If voting against a measure, councilmembers are encouraged but not required to state the reason why. B. Vote Requirements. Per RCW 35A.12.120, passage of any ordinance, grant or revocation of franchise or license, and any resolution for the payment of money shall require the affirmative vote of at least a majority of the whole membership of the council (four votes). Per RCW 35A.34.140, an ordinance granting emergency expenditures for nondebatable emergencies without notice or hearing shall require a vote of one more than the majority of all members of the Council (five votes). Per RCW 35A.12.130, the Mayor may veto an ordinance, but the Mayor's veto can be overruled by a majority plus one of the entire Council (five votes). For all other votes, the vote requirement is as specified by any applicable state or City law or Robert's Rules of Order. In the absence of a specific requirement, the vote requirement shall be a majority of those present so long as a quorum is present. C. Tie Vote. City of Port Orchard Draft - Updated 7/14/2026 Per POMC XXX and RCW35A.12.100, the Mayor may vote in the case of a tie on certain items. If the tie is not broken, the motion fails. D. Abstentions. It is the responsibility of each Councilmember to vote when requested on a matter before the full Council. Per POMC 2.06.120, a Councilmember who fails to vote on an issue, when that member has not been excused from voting due to a conflict of interest or appearance of fairness question, will have been determined to vote yes on the issue. E. Conflicts of Interest. Councilmembers are subject to the conflict of interest laws in Chapters 42.20 and 42.23 of the RCW. If a Councilmember believes they may have a conflict of interest, they are encouraged to discuss the law and any potential conflicts with the City Attorney prior to the meeting(s) at which the item will be addressed. Councilmembers shall declare a potential conflict of interest prior to voting on the issue on which they may have a potential conflict.. If so, the council shall excuse the member from voting on the issue. If a Councilmember is excused from voting, they shall leave the Chamber. They will be considered absent when voting occurs. F. Reconsideration. After the vote on a question has occurred, any Councilmember who voted in the majority on the item may move for reconsideration of the motion based on new information or an error in disclosure. The motion for reconsideration shall be made at the same or next Regular Council meeting, provided that the act voted on has not yet been approved. Reconsideration is not available for all motions. See Roberts Rules of Order for a list of motions that are not eligible for reconsideration. 4.25 Points of Order. A Point of Order may be made by any Councilmember or the City Attorney or City Clerk to the presiding officer if they believe the rules of the Council are being violated. A Point of Order stops business temporarily. In response, the presiding officer must rule/advise on the item. A ruling may be made in consultation with the parliamentarian or other staff and may also be submitted to the Council for decision. 4.26 Parliamentary Procedure. A. Parliamentarian. City of Port Orchard Draft - Updated 7/14/2026 The City Attorney, in consultation with the City Clerk, shall act as parliamentarian and advise the presiding officer on inquiries concerning parliamentary procedure, including interpretations of these Rules of Procedure. B. Parliamentary Authority. All cases not provided for in these Rules shall be governed by the current edition of Robert Rules of Order, Revised. In the event of a conflict, these Council Rules of Procedure shall prevail. 4.27 Staffing at Meetings. Per POMC XXX, the Mayor designates which City staff are to attend City Council and Work Study meetings. Typical staffing will include the Department Directors, City Clerk, and City Attorney, or their designees, and any other relevant staff needed to present or respond to anticipated Council questions on scheduled agenda items. 4.28 Rules of Conduct. A. General. To honor those speaking and minimize disturbances to others, while a meeting is in session: 1. Cell phones and other electronic devices shall be silenced. 2. Side conversations shall be avoided at all times. 3. Councilmembers should limit the use of electronic devices to access agenda materials and other agenda related information during meetings. Councilmembers shall not communicate with each other electronically during meetings on agenda items in order to maintain transparency and to ensure that all discussion and deliberation occurs publicly on the record. 4. All in attendance should utilize professional conduct that promotes the orderly, efficient, and respectful conduct of public business. • Remaining attentive and engaged in the proceedings. • Maintaining appropriate decorum and body language consistent with the dignity of the office, including refraining from behavior such as lying down, sleeping, or other conduct that demonstrates disengagement from the proceedings. • Consuming food or beverages in a manner that does not disrupt the meeting or interfere with the conduct of City business. C. Obstructions. City of Port Orchard Draft - Updated 7/14/2026 Individuals may be asked to remove any banners, signs, or other objects or materials that are obstructing the view of those in attendance or are restricting movement through the aisles or exits. D. Disruptions. If a disruption to the meeting occurs and order cannot be restored, the presiding officer may proceed to use one of the options provided for in RCW 42.30.050 to ensure orderly continuation of the meeting. Section 6. Standing Committees 6.01 Standing Committees. A. Establishment. The following standing committees are established. The committees shall review policy matters within their areas of purview and make recommendations to the full City Council. The committees are advisory only and will not take action. • Economic Development and Tourism • Utilities • Finance • Transportation • Land Use • Lodging Tax Advisory • Sewer Advisory • Ad Hoc (as needed) B. Referrals. The City's work plan items requiring policy review will be automatically referred by the Mayor to the standing committees based on the subject matter indicated in subsection A above. The following items will be considered by the City Council at a Regular or Special meeting and will not be automatically referred to committees: • Informational updates • Policy items that are broad and overarching including: the budget; racial equity framework; workplan; strategic plan updates; and performance measures 30 City of Port Orchard Draft - Updated 7/14/2026 • Any non -substantive items requiring Council action shall go directly to a Regular or Special Council meeting for action (i.e., accepting grant, authorizing contract bid award, etc.) (see Section 4.09) Items may be referred to more than one committee if the item significantly impacts the purview of more than one committee and can reasonably be divided and considered separately, such as the Capital Improvement Plan. If a Councilmember disagrees with the referral of an item, they may request that the Mayor review the rationale of the referral. The Mayor shall announce the outcome of their decision as to whether to uphold the initial referral or make a different referral under Councilmember Reports at the next Regular Council meeting. The City Council may choose to refer any items to the standing committees by consensus at a Regular or Special Council meeting. D. Membership. Three Councilmembers will serve on each committee. No substitutions are allowed. In order to ensure a quorum of the Council is not in attendance at a committee meeting, Councilmembers who are not on a standing committee are not allowed to attend those committee meetings. Councilmembers wishing to observe a meeting of a committee of which they are not a member are encouraged to view the posted video recording of the meeting. Committee appointments will be made in accordance with Section 2.04 of these Rules. Committee members will continue to serve until their successors are appointed. E. Committee Chair Committee meetings shall be presided over by a Committee Chair whose role includes: a. Preside over meetings (for a specific list of responsibilities, see Section 4.03(B) of these Rules) a. Facilitate discussion, including scheduled guests such as contractors and consultants b. Clarify committee recommendations b. Review and approve committee agendas c. Coordinate with staff to schedule/cancel meetings d. Make reports at Council meetings 31 City of Port Orchard Draft - Updated 7/14/2026 e. Serve as liaison for items that received a recommendation from the Committee A Councilmember's role as committee chair shall not affect their right to participate in the meeting to the extent afforded all Councilmembers. F. Agenda Preparation. The applicable Department Director shall prepare a draft agenda for each committee meeting specifying the time and place of the meeting and setting the agenda items requiring the recommendation. If a committee meeting will be cancelled due to a lack of agenda items or any other non -emergency reasons, notice shall be provided as early as possible but no later than Friday preceding the scheduled meeting. The Committee Chair shall approve the placement (timing and order) of items on the draft agenda. Following approval, a final agenda will be made publicly available by the City Clerk. This will serve as the official agenda of the meeting. The process for placing items on a Council meeting agenda established in Section 4.04(A) of these Rules shall also apply to placement of items on a standing committee agenda. H. Recommendation. The Committee shall make recommendations to the Department Director or Mayor on all City work plan items referred to it. The recommendation shall include any proposed changes to the proposal, timing and a recommendation for placement on the subsequent City Council meeting agenda for action. The Committee's recommendation may be determined by informal consensus.. The Committee's recommendation will provided by the Chair at the relevant Council. Section 9. Amendment of Rules These rules may be amended or new rules adopted by a vote of five votes of the full council. Appendix A. AWCIMRSC Mayor and Councilmember Handbook B. MRSCISTATEAUDITOR Electronic Communication Tips C. Information Technology Policy City of Port Orchard Draft - Updated 7/14/2026 D. Code of Ethic 33