S-0570.1                   _______________________________________________

                                                     SENATE BILL 5115

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Drew, von Reichbauer, Loveland and Haugen

Read first time 01/13/93.  Referred to Committee on Government Operations.

Changing provisions relating to the conduct of meetings in cities and towns.

          AN ACT Relating to meetings by cities and towns; and amending RCW 35.24.180, 35.24.190, 35.27.270, 35.27.280, and 35A.39.010.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 35.24.180 and 1965 c 7 s 35.24.180 are each amended to read as follows:

          The city council and mayor shall meet on the first Tuesday in January next succeeding the date of each general municipal election, and shall take the oath of office, and shall hold regular meetings at least once during each month but not to exceed one regular meeting in each week, at such times as may be fixed by ordinance.

          Special meetings may be called by the mayor by written notice ((delivered to each member of the council at least three hours before the time specified for the proposed meeting)) as provided in RCW 42.30.080.  No ordinances shall be passed or contract let or entered into, or bill for the payment of money allowed at any special meeting.

          All meetings of the city council shall be held within the corporate limits of the city at such place as may be designated by ordinance.  All meetings of the city council must be public.

        Sec. 2.  RCW 35.24.190 and 1969 c 101 s 3 are each amended to read as follows:

          The members of the city council at their first meeting after each general municipal election and thereafter whenever a vacancy occurs, shall elect from among their number a mayor pro tempore, who shall hold office at the pleasure of the council and in case of the absence of the mayor, perform the duties of mayor except that he or she shall not have the power to appoint or remove any officer or to veto any ordinance.  If a vacancy occurs in the office of mayor, the city council at their next regular meeting shall elect from among their number a mayor, who shall serve until a mayor is elected and certified at the next municipal election.

In the event of the extended excused absence or disability of a councilmember, the remaining members by majority vote may appoint a councilmember pro tempore to serve during the absence or disability.

          The mayor and the mayor pro tempore shall have power to administer oaths and affirmations, take affidavits and certify them.  The mayor or the mayor pro tempore when acting as mayor, shall sign all conveyances made by the city and all instruments which require the seal of the city.

        Sec. 3.  RCW 35.27.270 and 1965 c 7 s 35.27.270 are each amended to read as follows:

          The town council shall meet on the second Tuesday in January succeeding the date of the general municipal election, shall take the oath of office, and shall hold regular meetings at least once each month at such times as may be fixed by ordinance.  Special meetings may be called at any time by the mayor or by three ((councilmen)) councilmembers, by written notice ((delivered to each member at least three hours before the time specified for the proposed meeting)) as provided in RCW 42.30.080.  No resolution or order for the payment of money shall be passed at any other than a regular meeting.  No such resolution or order shall be valid unless passed by the votes of at least three ((councilmen)) councilmembers.

          All meetings of the council shall be held within the corporate limits of the town, at such places as may be designated by ordinance and shall be public.

        Sec. 4.  RCW 35.27.280 and 1965 c 107 s 2 are each amended to read as follows:

          A majority of the ((councilmen)) councilmembers shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.

In the event of the extended excused absence or disability of a councilmember, the remaining members by majority vote may appoint a councilmember pro tempore to serve during the absence or disability.                    The mayor shall preside at all meetings of the council.  The mayor shall have a vote only in case of a tie in the votes of the ((councilmen)) councilmembers.  In the absence of the mayor the council may appoint a president pro tempore; in the absence of the clerk, the mayor, or president pro tempore, shall appoint one of the councilmembers as clerk pro tempore.  The council may establish rules for the conduct of its proceedings and punish any members or other person for disorderly behavior at any meeting.  At the desire of any member, the ayes and noes shall be taken on any question and entered in the journal.

        Sec. 5.  RCW 35A.39.010 and 1967 ex.s. c 119 s 35A.39.010 are each amended to read as follows:

          Every code city shall keep a journal of minutes of its legislative meetings with orders, resolutions and ordinances passed, and records of the proceedings of any city department, division or commission performing quasi judicial functions as required by ordinances of the city and general laws of the state and shall keep such records open to the public as required by RCW 42.32.030 and shall keep and preserve all public records and publications or reproduce and destroy the same as provided by Title 40 RCW.  Each code city ((shall provide three copies of each of its ordinances of general application to the association of Washington cities without charge and)) may duplicate and sell copies of its ordinances at fees reasonably calculated to defray the cost of such duplication and handling.

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