HomeMy WebLinkAbout02-19 - Res. Amending Res. 64-17 and the Commissioners' Operating Guidelines Attachment A
MASON COUNTY
BOARD OF COMMISSIONERS
OPERATING GUIDELINES
�at
1854
Resolution NIr, 70_94
Updated N ove erT 2017
Original Adoption on May 20,2014, Resolution No.29-14
Amended November 7,2017,Resolution 64-17
Amended January 15,2019,Resolution
MASON COUNTY BOARD OF COMMISSIONERS OPERATING GUIDELINES
TABLE of CONTENTS
1. PURPOSE 3
2. PUBLIC MEETINGS 3
2.1 Meetings-General Rules/Definitions 3
2.2 Submitting Items to the Commission for Sessions or Meetings 5
2.3 Submitting Documents at Time of Meeting to be Avoided 6
2.4 Agenda Item Summary Required 6
2.5 Other Documentation May be Required 6
2.6 Discussion at Briefing Required 7
2.7 Moving an Item from Briefings to a Regular Meeting 7
2.8 Adding Items to Briefing or Regular Agenda after Deadline 8
2.9 Signatures on Documents 8
2.10 Documents to be Maintained/Official File 8
3. PUBLIC HEARINGS 9
3.1 Submission of Notice of Public Hearing Prior to Hearing Date 9
3.2 Conducting the Public Hearing 9
3.3 Hearings Where the Commission is Acting in A Quasi-judicial Capacity 10
4. PUBLIC NOTICE REQUIRED ON SOME ITEMS 11
5. RESOLUTIONS AND ORDINANCES 11
6. PROCLAMATIONS 11
7. MEETING MINUTES 12
Attachment A 13
Attachment B 14
MASON COUNTY BOARD OF COMMISSIONERS OPERATING GUIDELINES
1. PURPOSE
The purpose of this policy is to:
• Provide Guidelines to assure that the "Rules of the Board" (County Code Chapter 2.88)are carried out
with efficiency and unity and are responsive to the public;
• Inform County Officials and employees of the requirements for submitting items to the
Board of Commissioners for consideration;
• Establish clear and consistent processes and formats for submission of items to the Commission;
• Ensure that procedures provide adequate public notice and facilitate public participation in, and
knowledge of,Commission deliberations and actions.
2. PUBLIC MEETINGS
2.1 Meetings-General Rules/Definitions.
Open Meetings. All meetings of the Board of Commissioners shall be open and public in accordance
with RCW 42.30 (The Open Public Meetings Act). An opportunity for public questions and input by either
written message or oral presentation will be provided at all Commission regular business meetings.
The Open Public Meeting Act establishes some basic procedural requirements that apply to all meetings of
a governing body, whether they are regular or special meetings. With the narrowly defined exception of
Executive or Closed Sessions,all meetings of a governing body are, under the Open Public Meetings Act,
either Regular or Special meetings. It does not matter if it is called a "Study Session" or a "Briefing/Work
Session"or a "retreat," it is either a Regular or Special meeting.
The Rules of the Board are established by County Code Chapter 2.88(Ordinance#09-13). These Operating
Guidelines pertain to the Commission's functioning regarding:
a. Regular Business Meetings. A regular business meeting of the Commission is normally
noticed and scheduled for each Tuesday(except the fifth Tuesday)to transact regular business.
b. Special Meetings. A special meeting may be called at any time by a majority of the
members of the Commission by providing appropriate notice at least 24 hours
before the time of the special meeting, specifying the time and place of the
special meeting and the business to be transacted. Notice shall be posted at the
entrance to the meeting room and posted on the County's web site. Final action
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shall not be taken on any other matter at such meeting. Notice of such meetings
shall be in accordance with RCW 42.30.080 (The Open Public Meetings Act: Special
Meetings).
c. Emergency Meetings. The notice required for special meetings may be waived in the event it
is called to deal with an emergency involving injury or damage to persons or property or the
likelihood of such, consistent with County Code Chapter 2.88.
d. Briefing or "Work Session". The Commission may meet in weekly briefing/work sessions.
Briefings are held at the request of at least two Commissioners and are conducted with a
quorum of the Commissioners present. Some will allow for public input and discussion, at
the discretion of the Commissioners present. Briefings are scheduled for the purpose of
providing the Commission information on topics of interest that will update the Commission
on pending issues, provide pertinent policy making information, and/or provide for an
initial o r final review of matters to come before the Commission at a regular meeting or
public hearing. Briefings may involve a single or multiple Departments or Offices and may be
held at any time, but are normally scheduled on Mondays,Tuesdays or Wednesdays.
e. Study Sessions. Study sessions may be scheduled as needed to provide an opportunity for the
Commission to consider matters requiring more in-depth study and discussion, items of
County-wide interest or impact, or topics on which the Commission desires to provide an
opportunity for numerous Department Heads or Elected Officials to provide input. They also
can provide time for presentation of information on a variety of topics of interest to the
Commission and to citizens.
Study sessions will be held in a variety of formats to best accomplish their purpose.
Some will allow for public input and discussion. Others will be internal, informal work
sessions for the Commission, with free and open discussion of problems and alternatives,
which the public is welcome to hear. The agenda or the presiding officer shall make clear,
before each meeting, the format of that meeting.
Typically, Commission action shall not be taken during study sessions; however, as
identified in Section b above, if previously noticed with an appropriate agenda, a
special meeting may directly follow a study session.
f. Executive Sessions and Closed Sessions. The Commission may meet in executive session to
discuss matters set forth in RCW 42.30.110 including, but not limited to pending litigation,site
acquisition of real estate and the price thereof, and certain personnel matters. Similarly, the
Commission may also meet in Closed Session to discuss matter set forth in RCW 42.30.140. It
is noted that RCW 42.30.060(1) provides, however, that "No governing body of a public
agency shall adopt any ordinance, resolution, rule, regulation, order, or directive, except in a
meeting open to the public...." and therefore no final action may be taken in an Executive or
Closed Session. Executive Sessions and Closed Sessions are that portion of a meeting that
may be closed to the public but only for the specified purposes as identified within the
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enabling RCW.
g. Adjournment. Any regular, adjourned regular, special or adjourned special meeting may be
adjourned in the manner set forth in RCW 42.30.090 (The Open Public Meetings Act:
Adjournments).
2.2 Submitting Items to the Commission for Sessions or Meetings
Documents submitted to the Commission for consideration at either briefing or regular meetings are
due to the Commissioners'office no later than noon on Wednesday of the prior week.All
documentation should be submitted on 8.5"x 11" paper. Legal paper should be avoided whenever
possible.
• Agenda Items require an Agenda Item Summary(Attachment A)
• Briefing Items require a Briefing Item Summary (Attachment B)
As a general rule,all documents should be submitted with the item on Wednesday. However, if
notification of an agenda item has been provided by the Wednesday deadline,the accompanying
documentation, including sufficient copies, must be submitted no later than 9 a.m.on Thursday.The
Commission reviews the agenda at 10 a.m. on Thursday. Commissioners'Office staff must have time to
prepare the agenda, review documentation,and have the agenda and documentation packets ready
for review by that time.
Note:Sufficient copies mean any required originals and twoa "'a met of three copies for regular meeting
items and-briefing meeting items(3-hole punch the copies). Please submit one copy of your meeting
items(both regular meeting and briefing) single-sided for the Clerk's record which is scanned and
posted on the website.
Items and/or documentation not submitted by the deadlines will be retained for the next week's
regular business meeting.Additionally, items may occasionally be postponed to the next week due to
time constraints,allow sufficient time for review, conflicts with Commissioners'schedules,or other
reasons. Departments will be notified by Commissioners'Office staff as soon as possible after the
agenda review if items are postponed.
The above applies to all Sessions or Meetings except Executive or Closed Sessions.
Items are required to be briefed with the Commission before being placed upon the Agenda, including
the Action Agenda,with very narrow exceptions.
Additionally,a single briefing does not assure that an item will be advanced or placed upon the
Agenda. In all instances,the Commission reserves the discretion to provide for time for review,to
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gather additional information,or allow for additional internal or public comment.
2.3 Submitting Documents at Time of Meeting to be Avoided
Documents on many different issues are submitted to and reviewed by the Commission each week.All
documents for discussion items should be submitted by the deadline.Commissioners typically review
the documents in their packets over the weekend so they are prepared for discussion at briefings and
regular meeting. The documents are also made available on the County's web page for public review
prior to the meeting.
Departments should avoid waiting until the briefing to submit documents.The Commission cannot be
expected to review documents during a discussion. Departments that submit documents at the time of
the briefing(rather than as above for the briefing packet) may be asked to schedule the item for the
next week so Commission members have the opportunity to review the issue.Any documents brought
to the Commission at the meeting time must include sufficient copies as defined in this policy.
2.4 Agenda Item Summary Required
The Commission receives a large amount of information from various departments and it is not
unusual to have dozens of items in a packet.Agenda summaries provide Commission members and
the public with the crux of an issue without wading through pages of documents trying to glean the
information.Consistent with section 2.2,an Agenda Item Summary is required for all items for which
Commission action is requested. An example is Attachment A.
2.5 Other Documentation May be Required
Certain agenda items may, by this or other policy, require the submission of other documents in order
to be considered by the Commission. County Officials are responsible to ensure that required
documents are submitted. Failure to submit required documents may result in postponement of the
item until documentation is received. Items requiring additional documentation include, but are not
limited to:
a. Contracts and Purchases
• Copy of completed budget change form if approval of the contract requires a budget
change.
• Bid tabulation if the contract or purchase requires either informal quotes,formal bids,or
an RFP.
b. Applying for a Grant-Grant application questionnaire.
c. Proposed Ordinances/Resolutions- Electronic and hard copy of new or amended
ordinance/resolution.
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2.6 Discussion at Briefing Required
Items that require final action by the Commission at a regular meeting, require discussion at briefing.
The following is an illustrative list of items requiring briefing and is not intended to be all-inclusive:
a. Any action that will have an impact to the budget, including contracts, contract renewals or
extensions,grants or purchases that require a budget change.
b. Grant applications -prior to the application submission. Grant application questionnaire
required.
c. Proposed ordinances/resolutions.
d. Proposed purchase or sale of real property or granting of easements(may require Executive
Session).
e. Administrative Policy proposals.
f. Any item requiring a notice of public hearing.
g. Any issue that is,or the County Official believes may become,an item of high public awareness
or create a high level of public opinion.
h. Interlocal agreements.
Only very narrow exceptions to the above will be considered. Please note, however,that the lack of
having a briefing on a topic may increase the likelihood that the item will NOT be acted upon when
presented for final action on the agenda. It may be necessary to provide for time for review,to gather
additional information,or allow for additional internal or public comment. Exceptions to the
requirement to brief may include:
a. Items of an urgent matter where information or process was reasonably not available.
b. Increased risk to County operations or services without expedient action.
c. Executive or Closed Session items which require a final action in an open meeting.
d. Emergency session items are exempt, by definition.
Please note, however that it shall be the responsibility of the presenting party to create an Agenda
Item Summary Form (Attachment A)and to be available at the meeting for questions or discussion.
2.7 Moving an Item from Briefings to a Regular Meeting
Items that need to be discussed with the Commission prior to becoming an action item on a regular
meeting agenda should not be scheduled for the regular meeting during the same week they are
discussed at briefing.
Typically, items are scheduled for briefing discussion one week and then for the regular meeting the
following week.This scheduling gives the Commission the opportunity to ask questions, make
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modifications, and request more information, etc.,without the matter already being on the published
agenda for the regular meeting.
Items that are briefed do not automatically move to the regular agenda for final action.
a. Departments are responsible to separately schedule items for briefing and/or regular meeting.
Occasionally the Commission may desire further consideration of an item at a later date. Even
though discussion may occur during the briefing about a future date,departments are
responsible to schedule the item according to this policy.
b. Items that may need further discussion, do not have all required paperwork, documents that
have not been reviewed by the prosecutor,etc.,are the responsibility of the department to
complete the follow-up required.
2.8 Adding Items to Briefing or Regular Agenda after Deadline
Occasionally items are received by departments and/or the Commission that are time sensitive and
must be considered at the next meeting. It is the policy of the Commission to add items after the
agenda deadline only if waiting until the next week causes significant impact to Mason County citizens.
Adding items after the deadline can decrease public knowledge and participation since the item is not
published as part of the agenda.Additions to either briefing or the regular meeting agenda may be
made only with permission of a majority of the Commission.
2.9 Signatures on Documents
Except as noted below,the Commission Chair signs all documents requiring the signature of the
Commission,and the Chair's signature, is as legal and binding as if all members had affixed their
names, provided the signature is authorized by the Commission. Only the signature line of the
Commission Chair is required on these documents. In case the Chair is absent at any meeting of the
Commission,all documents requiring the signature of the Commission are signed by the Vice Chair.
Certain documents require signature lines for all Commission members.These include resolutions,
ordinances,and proclamations. Documents prepared by other agencies that come to the County with
all Commission members' signature lines do not require the document to be revised.
It is the responsibility of the submitting department/office to obtain the appropriate legal review and
signature from the Prosecuting Attorney's office. This must occur before being approved by the
Commission.
2.10 Documents to be Maintained/Official File
Departments are responsible to maintain the official record and file of any documents submitted to
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the Commission.The Commissioners' office does not create a file on each issue or item submitted for
consideration.The Commissioners'office will maintain a file containing one copy of all documents
considered during each public meeting.Those documents are filed by meeting date and are archived
in compliance with applicable retention schedules.
Documents submitted to briefings are not automatically retained by Commissioners'staff for
placement on a later meeting agenda. In order to reduce copying costs,departments should maintain
any copies that require re-submission for the regular agenda.
3. PUBLIC HEARINGS
Public hearings provide an opportunity for citizens to give direct input to the Commission on matters
being considered. It is the policy of the Commission to conduct public hearings in a manner that allows
input from the maximum number of citizens possible and respects the opinion of all those wishing to
testify.
3.1 Submission of Notice of Public Hearing Prior to Hearing Date
Public hearings are required to be held prior to certain legislative actions by the Commission. It is up to
the department requesting the public hearing to know the public hearing notice requirements and
provide the appropriate documents for publication
In order to hold a public hearing,the county must publish a "Notice of Public Hearing" long enough
before the actual hearing to comply with the requirements to advertise the hearing in the designated
"Official County Newspaper." Depending on how many times the Notice must be published,the
Notice must be adopted at the Commission's regular meeting at least two to three weeks prior to the
date of the hearing in order to meet the Newspaper's deadline.
In addition to the required public notice,the Commission,at its discretion, may direct the public
hearing to be additionally advertised. In order to maximize the opportunity for public comment,the
Commission encourages matters being considered at a public hearing to be posted on the County's
web page as soon as practical after the approval of the Notice. It is the responsibility of the
department requesting the public hearing to post the appropriate documents on the website.
However,this is to be done as a courtesy and is not intended to create any additional legal
requirements.
3.2 Conducting the Public Hearing
Public hearings are conducted as regular items on the Commission's published agenda. In order to
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ensure that the public hearing is conducted in a manner that encourages maximum public
participation and respect for varying opinions,the Commission will generally adhere to the following
rules:
a. A sign-up sheet will be available for the public to indicate their desire to testify.Speakers will
generally be heard in the order in which they sign up,followed by an opportunity for those who
did not sign up to comment. In order to maintain an accurate public record, all citizens testifying
will be asked to state their name and address for the permanent record.
b. The Commission, at its discretion, may limit the comment period for each speaker so that all can
be heard.
c. General comments from audience members,applause, booing,offensive language,threats,or
other inappropriate behavior are not allowed and may result in removal of the individual from the
public hearing.
d. Public hearings are intended to provide information and opinions from citizens to the Commission.
They are not intended to be a debate between those on opposing sides of an issue, nor to weigh
how many on each side of an issue attend.The Chair,at its discretion, may limit testimony that
provides no new information and/or comments intended solely to debate another person's
position on a particular issue while not providing new information to the Commission.
In most cases,the Commission will also consider testimony and comments made by citizens using
written communications,electronic means such as e-mail,and by telephone.Comments directed to
the Commission made in any of the above forms between the date of approval of the Notice and the
close of the actual public hearing will be considered as testimony. In the case of telephone calls,a
record will be made of the caller's name and telephone number and whether the individual is
generally for or opposed to the issue being considered.Other comments may be included as time
permits.All comments made in writing, by e-mail, or by telephone between the dates above should be
directed to the Clerk of the Board for distribution to all Commission members and inclusion in the
official record.All such communications shall be noted as part of the record at the public hearing.
3.3 Hearings Where the Commission is Acting in A Quasi-judicial Capacity
In some cases,such as re-zone requests,the Commission is acting in a quasi-judicial capacity, rather
than a legislative capacity. In such cases, no person shall communicate ex parte,directly or indirectly,
with an individual Commission member concerning the merits of the matter before the Commission or
with the Commission as a whole at any time other than the public hearing duly noted for the matter.
Any communication received by the Commissioners'Office, whether intended for the Commission as a
whole or for an individual Commissioner,shall be transmitted to the appropriate department for
presentation by County staff at the public hearing, if appropriate.All written communication directed
to an individual Commission member or the Commission as a whole shall be disclosed and made part
of the record or the hearing.
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Members of the Commission shall not communicate ex parte, directly or indirectly,with any person
concerning the merits of a quasi-judicial matter before the Commission.
If a prohibited ex parte communication is made to or by a member of the Commission, such
communication shall be publicly disclosed and guidance shall be sought from the Prosecuting
Attorney.
Ex parte communication will not be considered by any member of the Commission as part of his/her
decision.
Other processes,such as land use closed record appeals may have specific rules governing receipt of
testimony,written communications,and/or ex parte communications.
4. PUBLIC NOTICE REQUIRED ON SOME ITEMS
Certain items related to the budget process such as supplemental appropriations require specific
public notice of the meeting where the matter is to be considered. In those situations,the department
is responsible to be aware of public notice requirements and is responsible to submit items far enough
in advance for the required public notice to be accomplished.
5. RESOLUTIONS AND ORDINANCES
Some actions to be considered by the Commission must be accompanied by a written resolution or
ordinance. Any request for resolution or ordinance will include substantiation of the need, basis or
purpose. The department is responsible to be aware of the appropriate format and will be responsible
for any required legal review and signature of the document, prior to presentation to the Commission.
6. PROCLAMATIONS
Proclamations are used to provide a mechanism for a group, organization,office,or department to
request that the Commission proclaim a date honoring their achievements;or providing public
awareness of their group's issues. In addition, the County may make a local proclamation of any State
or Federal proclamation for public awareness of a group or issue.
Proclamations are submitted to the Commission for consideration according to the submission
processes outlined in this policy. Commissioners' staff will assist agencies outside County government
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in formatting and completing proclamations and submittal to the Commission.
7. MEETING MINUTES
The Commission maintains written minutes of all Commission meetings. Preparation of minutes is the
responsibility of the Clerk of the Board. Minutes for previous meetings are adopted by Commission
motion at their regular meeting. Minutes will be posted by the Clerk of the Board to the County's
website for access by the public.The minutes shall serve as a summary of the meeting and,at a
minimum,will reflect the following:
a. The date and time the meeting convened and adjourned.
b. Commission members present.
c. General topics and items considered (including discussion items).
d. If a public hearing is held,the names of persons submitting verbal or written testimony,and
whether they spoke in favor,or in opposition to the proposal for which the hearing was held. If the
individual providing testimony is providing such testimony on behalf of a group,organization,or
agency,the agency shall be noted as well.
e. Commission motions,and the result of any vote taken by the Commission.
The Commission may occasionally meet in joint session with the board or council of another municipal
jurisdiction.The Commission may rely on and adopt the official minutes of the other jurisdiction at the
Commission's discretion.
Members of the Commission sit as board members on boards and commissions of other agencies at a
local, regional,state, and federal level. Mason County relies on those agencies'official minutes and
does not maintain separate minutes.
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Attachment A
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Action Agenda
Public Hearing
Other
DEPARTMENT: EXT:
DATE: Agenda Item #
(Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY:
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
L Please provide explanation of urgency
ITEM:
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions)
BUDGET IMPACTS:
RECOMMENDED ACTION:
ATTACHMENTS:
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Attachment B
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM:
DEPARTMENT: EXT:
BRIEFING DATE:
Previous Briefing Dates:
If this is a follow-up briefing, lease provide onl new information
ITEM:
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions)
BUDGET IMPACTS:
RECOMMENDED OR REQUESTED ACTION:
ATTACHMENTS:
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