This is an excerpt from the Rules of Procedure in Sequim, which is typical of many cities in Washington. I picked it simply because long-time Councilmember Bob Sheckler moved to Sequim and applied to be on their City Council so I became familiar with their system.
Almost all Washington cities copy our RoP from a ‘template’ provided by the State of Washington. So we have a section in our RoP which is similar.
What Sequim does is spell out a number of ‘social norms’ that almost every city adheres to without writing out the words. In other words, they write out practices that other cities simply take for granted. What they say below is so normal that other cities don’t feel a need to spell it out.
I highlight in red those bits where they spell out those social norms. And then after each section I explain how things work (cough) ‘differently’ in Des Moines. We are true outliers.
CITY OF SEQUIM RESOLUTION NO. R2020-27 ARTICLE 5 – RELATIONS WITH CITY MANAGER & STAFF
5.1 Role of the City Manager
The City Manager has general supervision over the City’s administrative affairs. The Manager is directly accountable to the City Council for the execution of the Council's policy directives, and for the administration and management of all City departments. The powers and duties of the City Manager are defined by Washington law (RCW 35A. 13.080). Such duties may be expanded by Ordinance or Resolution. Balanced with the City Manager's accountability to the Council for policy implementation is the need for the Council to allow the City Manager to perform legally defined duties and responsibilities without inappropriate interference by the Council in the day-to-day management decisions of the City Manager.
5.2 Administrative Interference by Council Members
Neither the Council, nor any of its committees or members, may direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members must deal with City staff solely through the City Manager and neither the Council nor any committee or member thereof may give any orders to any subordinate of the City Manager, publicly or privately; however, nothing in this section will be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.120). See Section 5.4 for additional information concerning communication with staff.
In Des Moines, all communication, even routine questions, with staff must first be approved by the City Manager–even with the City Attorney. So for example, if a CM has a concern about the City Manager, or wanted help drafting an ordinance, he/she has to ask the City Manager for permission to obtain a response from the City Attorney.
5.3 Administrative Complaints Made Directly to Individual Council Members
When administrative policy or administrative performance complaints are made directly to individual Council members, the Council member will refer the matter directly to the City Manager for review and/or action. The individual Council member may request to be informed of the action or response made to the complaint. Council Communication with Staff.
In Des Moines, complaints from the public are not passed onto the Council. We literally do not see them. I have dozens of examples where a resident or business owner wrote me, I passed it onto the City and either:
a) Received no follow-up or…
b) was told that residents and businesses must contact the City directly. I’ve been scolded for taking complaints from residents and businesses and passing them on–exactly as the Rule states. Apparently, the City would prefer that CMs not listen to residents’ concerns, but simply give them the City’s contact information.
5.4 Council Communication with Staff
The City of Sequim encourages open communication between the City Council and staff. The City's philosophy is that open communication creates healthier working relationships within the organization. Staff is encouraged to communicate directly with the City Council and the City Council is encouraged to communicate directly with staff, following the guidelines below. These guidelines are established to help everyone receive the information that they need to be successful in their roles. Following the guidelines will also improve efficiency by reducing the number of repeat questions and conversations that take place internally and in City Council meetings. These guidelines do not apply to Councilors conducting business with the City outside of their Councilor roles. • Councilors will copy the City Manager on communications with staff; • Council requests for information from staff requiring more than 2 hours of staff time will require City Manager approval. It is incumbent upon staff to confer with the City Manager under these circumstances and for the City Manager to communicate with Council if an issue requires policy direction or resolution. Under those circumstances, the City Manager would refer the item back to the entire City Council in a public meeting for direction; • Councilors are not to direct staff actions beyond the research requests mentioned above; • Councilors acting in volunteer roles with separate organizations should keep the City Manager informed when interacting with staff.
In Des Moines, Councilmembers have no guarantee to research of any kind. Questions asked ahead of Council meetings go un-replied to. And from the dais, all Councilmembers are encouraged to ‘ask questions’. But almost always, the promised follow-up does not occur.
5.5 Staff Communication with Council
• Staff will copy the City Manager and Council on communications with the community in response to requests for service that come through the Council. Keeping everyone in the loop regarding the resolution of issues reported through the City Council is important to the Council and to the City Manager. The City Manager will inform the Council of the initial staff assignment of requests to the Council where a staff response is warranted;
• The City Manager and staff will share information requested by one Councilor with the entire Council, as a matter of practice. This will typically be done as a part of a response to a Councilor's request. Where possible and feasible, the City Manager will sometimes “bundle” these updates to the whole Council in the weekly update or in the City Manager’s Report during City Council meetings.
Unless a resident cc’s the Council in their communication, the Council will likely never become aware of their concern–unless it is praise. I have dozens of emails from residents who wrote the City and then had their praise forwarded to the Council. I have zero complaints that were not emailed directly to me.
End of Article 5 - Relations with City Manager & Staff
Summary
In short. In Des Moines, the City Manager has made himself the gatekeeper for all information. This is an abuse of authority which is not in the spirit or letter of our Rules of Procedure. The Council majority has enabled the following abuses:
- Constantly attempting to block Councilmembers from access to unfavourable information, both internally (staff) and externally (legitimate and appropriate communication with other agencies and electeds.)
- Providing some Councilmembers with preferential treatment, while others receive no cooperation whatsoever.
- Keeping the Council in the dark as to resident communications. Not passing on complaints from residents or providing the follow-up specified in our RoP.
Some of this is illegal. All of it is completely unethical. None of it occurs in other cities.
It’s not like we don’t have rules like other cities. We do. And as I said, they are very similar to other cities. We just interpret them (cough) ‘differently’.
These abuses occur here because enforcement of any Council Rule requires a majority vote of the Council. In other words, the Council polices itself. There is no independent review of ethics.
So in Des Moines, ‘good ethics’ or even ‘legal’ is whatever a majority of the Council thinks they are.
Some of my colleagues will say, “We’re just going along until the next election” or some rubbish like that. My 30 years of study tells me that has never been true. People do not ‘go along’ and then become ethical. Judge my colleagues based on how they vote. Nothing else matters.
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