Brief Description: Protecting the right of citizen participation at code city council meetings.

Sponsors: Representatives Sullivan and Chase.

Hearing Date: 2/4/04

Staff: Thamas Osborn (786-7129).

Background:

Optional municipal code cities. Optional municipal code cities (code cities) may be noncharter or charter cities of any population that have adopted the optional municipal code in accordance with Title 35A RCW. Code cities, whether charter or noncharter, may operate with one of three different plans of government: council-manager, mayor-council, or commission. The council-manager plan consists of an elected city council serving as the legislative body and an appointed city manager responsible for city administration. The mayor-council plan includes an elected mayor serving as the city's chief administrative officer and an elected council acting as the legislative body. Under the commission plan, elected commissioners serve as the legislative authority and as city department directors.

Council meetings in mayor-council code cities. State law requires that in code cities operating under the mayor-council plan of government, the city council must meet at least once per month. These council meetings must be open to the public in accordance with the Open Public Meetings Act, chapter 42.30 RCW. As a general rule, the council may not pass any ordinance or resolution at a meeting that is not open to the public.

Council meetings in council-manager code cities. Under RCW 35A.13.170, council meetings in code cities operating under the council-manager plan of government must be conducted in conformance with the same procedural requirements applicable to code cities with mayor-council governments.

Open Public Meetings Act. The Open Public Meetings Act (act) requires that all meetings of the governing body of a public agency be open to the public and that all persons be permitted to attend. However, under certain specified circumstances, the act allows a governing body to hold an executive session during a regular meeting in order to consider a limited range of issues.

Summary of Bill:

In optional municipal code cities, the city council must adopt rules requiring that citizens be given reasonable opportunity to be heard with respect to any matter being considered at council meetings.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.