Title
Approval of a Resolution Relating to Public Communication at City Council Business and Council Committee Meetings
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to approve the resolution relating to public communication at City Council business and Council committee meetings.
Report
Issue:
Whether to rescind the Council’s prohibition on persons offering public comment on topics for which the City Council has either held a public hearing in the previous 45 days or will hold a public hearing within the following 45 days.
Staff Contact:
Mark Barber, City Attorney, 360.753.8338
Presenter(s):
None - Consent Calendar Item.
Background and Analysis:
The Olympia City Council has long maintained a prohibition on persons speaking at City Council business and Council committee meetings on topics for which the City Council has either held a public hearing in the previous 45 days or will hold a public hearing within the following 45 days. The purpose for this Council imposed rule relates to a time when land use appeals were to the Council, a practice that is no longer followed. Land use appeals are now to the Olympia Hearing Examiner, with any subsequent appeal to Thurston County Superior Court under the Land Use Petition Act (LUPA), RCW Chapter 36.70C.
However, certain prohibitions must be retained on public comment by persons wishing to speak to Council. For example, the prohibition on persons speaking at Council business and Council committee meetings on topics where Council is required to act in a quasi-judicial capacity must be retained. Instances where Council sits in a quasi-judicial capacity are extremely limited and largely arise in applications for site specific rezone requests, which have been infrequent.
Further, the prohibition on persons providing public comments at Council business and Council committee meetings that either promote or oppose a candidate for public office or a ballot measure must be retained and enforced as required by Washington’s Fair Campaign Practices Act, RCW Chapter 42.17A.
The unique role of the Olympia Planning Commission is to advise the City Council on the long range growth and development of Olympia, including changes to the City’s Comprehensive Land Use Plan and zoning ordinance. The Planning Commission may accept all public comment until the close of the public hearing, but the Planning Commission should be authorized to prohibit further public comment following a public hearing by the Commission until the Planning Commission completes its deliberations and issues its recommendation to Council.
Climate Analysis:
Adoption of this resolution will not impact the climate.
Equity Analysis:
Rescinding the 45-day rule prohibiting public comment either 45 days before a public hearing or 45 days following a public hearing on a topic for which the Council has or will hold a public hearing will provide more opportunity for residents to provide public communication to the Council.
Neighborhood/Community Interests (if known):
Public testimony provides the Council with varied perspectives and information on neighborhood and community issues.
Financial Impact:
There will be no financial impact from this action.
Options:
1. Approve the resolution rescinding the 45-day rule relating to the prohibition on public communication at Council business and Council committee meetings and update the Olympia City Council Guidebook to be consistent with this resolution.
2. Direct staff to make further or different changes to the resolution.
3. Do not approve the resolution, leaving the 45-day rule relating to the prohibition on public communication at Council business and Council committee meetings in place and the Olympia City Council Guidebook will remain unchanged.
Attachments:
Resolution