HomeMy WebLinkAbout2022-049 - Res. Amending Res. 02-19 Commissioners' Operating Guidelines RESOLUTION NO. 1011 04q
A RESOLUTION AMENDING RESOLUTION 02-19 AND THE COMMISSIONERS'
OPERATING GUIDELINES
WHEREAS, the Board of Mason County Commissioners adopted the Operating Guidelines on
May 20, 2014 to ensure the Rules of the Board (Mason County Code Chapter 2.88) are carried out with
efficiency and to establish clear and consistent processes and formats for submission of items to the
Commission; and,
WHEREAS,the Operating Guidelines need to be updated to reflect small grammatical changes,an
updated Agenda Request Form,and updated process changes that provide efficiencies; and
NOW,THEREFORE, BE IT RESOLVED,that the Board of County Commissioners of Mason
County hereby adopts the amended Operating Guidelines as Attachment A.
DATED this kffday of ,2022.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
YY1GGM42 ILA
McKenzie SmithyClerVof the Board Kevin Shutty, air
APPROVED AST RM:
Sharon Trask,Vice-Chair
Tim eputy Prosecuting / `
Attorney Randy Neatherlin,Commissioner
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J:\RESOLUTIONS& ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2022\Commis5ioners Operating
Guidelines.docx
Attachment A
MASON COUNTY
BOARD OF COMMISSIONERS
OPERATING GUIDELINES
A$pI3 co
1854
Original Adoption on May 20, 2014, Resolution No. 29-14
Amended November 7, 2017, Resolution 64-17
Amended January 15, 2019, Resolution 02-19
Amended August 16, 2022, 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 Request Form 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........................................................................................9
3. PUBLIC HEARINGS......................................................................................................................................9
3.1 Submission of Notice of Public Hearing Prior to Hearing Date.........................................................9
3.2 Conducting the Public Hearing........................................................................................................10
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 ....................................................................................................................................12
7. MEETING MINUTES..................................................................................................................................12
Attachment A....................................................................................................Error! Bookmark not defined.
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" (Mason 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 Mason County
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 Mason County Commissioners shall be open and public
in accordance with RCW 42.30 (The Open Public Meetings Act). An opportunity for public questions,
testimony, and comment by either written message or oral presentation will be provided at all regular
Commission business meetings.
The Open Public Meeting Act establishes some basic procedural requirements that apply to all meetings of
a governing body. 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", "Briefing/Work Session", or"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 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
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to the meeting room and posted on the County's web site. Final action 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
that a meeting is called to deal with an emergency involving injury or damage to persons or
property or the likelihood of such injury or damage.
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 or 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 Elected Offices and may be held at
any time, but are normally scheduled on Mondays.
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, 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 shall be closed to the public for the specified
purposes as identified within the enabling RCW.
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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).
h. All meetings are subject to cancellation or rescheduling.
2.2 Submitting Items to the Commission for Sessions or Meetings
Documents submitted to the Commission for consideration at either briefing, regular, or special
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.
• Briefing, regular, or special items require an Agenda Request Form (Attachment A)
• If applicable, it is the Department's responsibility to have their documents reviewed by the
following: budget, human resources, and legal. Please check the appropriate boxes on the Agenda
Request Form.
As a general rule, all documents should be submitted with the Agenda Request Form on Wednesday.
However, if the Clerk of the Board has been given notification, documents may be accepted after the
aforementioned deadline. Commissioners' Office staff must have time to prepare the agenda, review
documentation, and have the agenda and documentation packets ready for review in a timely manner.
Note: Sufficient copies mean the required original documents and one printed copy,three-hole
punched.
Items not submitted by the deadlines may be retained for the next briefing or regular business
meeting. Additionally, items may be postponed due to time constraints, to allow for sufficient time to
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 Meetings except Executive or Closed Sessions.
Most items are required to be briefed with the Commission before being placed upon the Action
Agenda with very narrow exceptions.
Additionally, a single briefing does not ensure that an item will be advanced or placed upon the Action
Agenda. In all instances,the Commission reserves the discretion to provide for time for legal review,
to gather additional information, or to allow for additional internal or public comment.
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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 to be prepared for discussion at briefings, regular,
and special meetings. The documents are also made available on the County's web site for public
review prior to the meeting.
Departments should avoid waiting until the meeting to submit documents.The Commission cannot be
expected to review documents during a discussion. Departments that submit documents at the time of
the meeting may be asked to reschedule the item for a later date so Commission members have the
opportunity to review the issue in its entirety.Any documents brought to the Commission at the
meeting time must include sufficient copies.
2.4 Agenda Request Form Required
An Agenda Request Form is required for all items submitted to the Commission. The Commission
receives a large amount of information from various Departments and it is not unusual to have dozens
of items in a packet.This form provides the Commission and the public with the a summary of an
issue.
2.5 Other Documentation May be Required
Certain agenda items may require the submission of supplemental documents in order to be
considered by the Commission. County staff 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
• An original contract preferably already signed by any additional party(ies)
• 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. Grant Application
• Grant application questionnaire
C. Proposed Ordinances/Resolutions
• Original signed by legal
• Electronic Word copy
d. Notice of Hearing
• Electronic Word copy
e. Appointment/Re-appointment
• Hard copy letter
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• Addressed and stamped envelope
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—renewals, extensions,
or amendments; grants; or purchases that require a budget change.
b. Grant applications- prior to the application submission a grant application questionnaire is
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.
i. News Releases/Proclamations
Only very narrow exceptions to the above will be considered. 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 Board or legal 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.
No item will be placed on a Regular Business Meeting Agenda without consent of a majority of the
Commission.
Please note,that it shall be the responsibility of the presenting party to create an Agenda Request
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
Typically, items are scheduled for briefing discussion one week and then for the regular meeting one
or two weeks out.This scheduling gives the Commission the opportunity to ask questions, make
modifications, and request more information, etc., without the matter already being on the published
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agenda for the regular meeting.
For efficiency, and at the Board's discretion, items that are briefed may be added to the next regular
meeting action agenda.
Items that are briefed and approved to move to a regular meeting action agenda will automatically
move to the regular agenda for final action, provided that any necessary documentation has been provided
by the requesting staff to the Clerk of the Board.
a. 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, have not been
reviewed by the legal, human resources, 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, proclamations, and news releases. 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/Elected Office to obtain the appropriate legal
review and signature from the Prosecuting Attorney's Office. This must occur before being approved
by the Commission.
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2.10 Documents to be Maintained Electronically
Departments are responsible to maintain the official record and file of any documents submitted to
the Commission.The Commissioners' Office does not create a file on each issue or item submitted for
consideration. The Commissioners' Office will maintain an electronic file containing one copy of all
documents considered during each public meeting. Agenda packets are filed by meeting date and are
archived and transferred to State Archives in compliance with applicable retention schedules.
If documents are exempt from public disclosure,the documents exempt must be clearly and
prominently marked at the top of the front page by the submitting Department/Elected Official.
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. Examples
include changes to Mason County Code, proposed ordinances or amendments, adoption of the County
budget, budget emergencies, purchase or sale of properties, and road vacations. It is up to the
Department/Elected Official 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 and must allow time to comply with
applicable notice requirements.
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
website as soon as practical after the approval of the Notice of Hearing.This is done as a courtesy and
is not intended to create any additional legal requirements. It is the responsibility of the
Department/Elected Official requesting the public hearing to post the appropriate documents on the
website.
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3.2 Conducting the Public Hearing
Public hearings are conducted as regular items on the Commission's published agenda. In order to
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 general location for 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 disruptive or 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 or 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 public 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 shall 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
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to an individual Commission member or the Commission as a whole shall be disclosed and made part
of the record or the hearing.
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
4.1 Budget 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/Elected Official 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.
5.2 Requests for Proposals, Requests for Qualifications, and Calls for Bids
County Officials are responsible for tracking notice requirements for Requests for Proposals, Requests
for Qualifications, and Calls for Bids so that notice can be made in compliance with applicable State
and Federal law and comply with County policy.
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/Elected Official is responsible to be aware of the appropriate format and
for any required legal review and signature of the document prior to presentation to the Commission.
Items requiring a written resolution or ordinance include, but is not limited to: Mason County Code
additions or amendments, adoption of the budget or budget changes, sale or purchase of land, road
vacations, and adoption or amendment of County policy.
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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 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
in formatting, 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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