2015/05/06 Council Agenda Packet

To: Council President Bader and City Council Colleagues Fr: Paul Roberts Re: City Council Procedures Date: May 6, 2015 Thank you Council President Bader for scheduling the review of Council Procedures. You have asked that we frame the discussion with two questions and my response follows. What do you feel is not working well with regards to our present council procedures and the way you are fulfilling your duties? Current City Council procedures and practices limit the Council's capacity as a legislative body, or do not provide sufficient capacity, to address major policy issues. While most issues that come before the City Council may be classified as routine legislative matters, significant policy issues such as budget, public safety, real property, economic development and others are not given sufficient attention, debate or public scrutiny. There exists an imbalance between the legislative and administrative branches of City government. The City Council's role is defined in the City Charter as the "legislative body" of the City. The role of the legislative body is to enact laws, set policies and provide oversight. The City's 2015 adopted budget defines the City Council's role as follows: * Provide citizen representation for the City of Everett * Gives direction to the City in identifying and addressing priority needs for the City through legislative authority *Establishes policy direction to the Administrative branch of City government * Promotes the economic growth and vitality of the City through local, state and national involvement on boards, commissions, and committees. City Council's procedures define the Council's mission: "SECTION 1: MISSION. As a matter of open government and transparency, The Everett City Council strives to engage the public in a civil and democratic process. As the policy-setting and oversight body for the City, the design of the City's democracy as outlined in the Charter is that the legislative branch sets the policy and the administrative branch carries it out." In order for the City Council to fulfill it's role as a legislative body, it must operate with a degree of independence from the Administrative branch. Separation and balance of powers (checks and balances) is a basic tenant of government at all levels in our nation and in our culture. The legislative process (setting of policy, passage of laws and oversight) requires a separation of powers. However, in Everett, the separation of powers is not always clear, and the City Council is often engaged late in the process on legislative or policy matters. This limits the Council's ability to perform it's legislative and oversight functions. Additionally, the Open Public Meetings Act (OPMA) places significant limitations on the Council (and each Council member) to perform legislative 1