This is where we just wave at our city. Aha. That is our our magic red light. So we will call this meeting to order. It is May 4th. Uh is Quas City's meeting? Yes, we will acknowledge May the 4th be with you. And we are going to open with the pledge of allegiance. Please join me. Pledge to the flag of the United States of America and to the republic for it stands. One nation under God, indivisible, with liberty and justice for all. >> Okay, we are going to now go in to proclamations. I'm looking out in the audience to see who's currently here. The first proclamation is for dedicated correction officers. Uh, Andrew Albert, come on up. and whereas the city of Isqua's dedicated correction officers are essential to our justice system and where as much is expected from the men and women who every day supervise offenders and correctional facilities without whose daily hard work and sacrifice we could not operate. Whereas correction officers are skilled professionals who must act as counselors, communicators, educators, and experts as crisis intervention and must protect our safety while maintaining their professional demeanor, often in a challenging environment. And whereas correction officers must possess the intuitive sense to resolve conflict and support restorative activities while housing offenders in a humane environment, often to the risk of their own well-being. And whereas all are committed to a common goal, the secure, safe, and humane operation of our jail facility facility where employees work to reduce future crime and change an individual's criminal behavior. Now therefore, I, Mark Mull, mayor of the city of Isqua, do hereby proclaim the week of May 3rd to May 9th to be correction officers week in the city of Isqua and invite the community to join me in thanking the city's correction officers for their service and outstanding contributions. So, we're going to let you you do your comments and then we'll do the photo. >> All right. Well, thank you, mayor, and and city council and uh citizen, those that are here. Uh good evening. On behalf of the dedicated men and women who serve in our correctional facility, I am honored to accept this proclamation recognizing National Corrections Officers Week. This occasion invites us to pause and reflect on a work that is often unseen yet deeply important. Those who serve in corrections carry a quiet and steady responsibility, one that requires vigilance, integrity, and compassion each and every day. At its heart, this work is about people. It is about protecting our communities while also recognizing the worth and potential every day of everyday individual. It is about creating an environment that is safe, orderly, and humane while allowing space for change, growth, and accountability. Those who serve in this profession do so with a sense of duty and purpose. They strive to act with fairness, to lead by example, and to uphold standards even when the work is difficult and demanding. These are not just professionals professional expectations. They are reflections of character. To those who lead and support recognition, thank you for your acknowledging the value of this work and the individuals who carry it forward. And to our correctional staff, those present, and those continuing their duties this evening, please know that your efforts matter. The work you do makes a difference in ways that are not always visible, but are deeply meaningful. Thank you for your commitment, your steadiness, and your service not only to the city, but to me. Thank you. Oh wait wait >> Rabbi. You guys want to come on up? Okay. Our next proclamation. Whereas Jewish American Heritage Month is celebrated every May to honor the significant contributions and rich history of Jewish Americans to the fabric of our nation. And whereas Jewish Americans have played a vital role in shaping the cultural, economic, scientific, and social landscape of the United States, contributing to the advancement of arts, education business medicine and public service. And whereas the Jewish community in Isqua has been an integral part of our city's diverse and vibrant culture, bringing with them a deep commitment to family, faith, and community. And whereas while anti-semitism anti-semitism has been rising in an alarming rate in our country and community, we must let it be known that anti-semitism has no place in Isiqua nor anywhere in the United States. We must continue to create an environment that fosters mutual understanding of tolerance and respect for everyone. And whereas the celebration of Jewish American history month provides an opportunity to reflect on the historical struggles and achievements of Jewish Americans and to celebrate the enduring spirit of the Jewish community in Isiqua and beyond. Now therefore, I Mark Mullet, mayor of the city of Isqua, do hereby proclaim the month of May 2026 to be Jewish American Heritage Month in the city of Isiqua and urge all community members to join in special observation and celebration of Jewish American heritage. Thank you, Mayor Mullet. Thank you, city council. And thank you, community representation. here. We uh as a Jewish community leader at Isiqua for the last 22 years under four mayors starting from Mayor Fryinger all the way to Mayor Mullet we have always felt the welcoming loving openhearted connection with the Jewish community celebrating the Jewish holidays together um achieving a tremendous feeling of safety that necess necessary for the Jewish community, especially in in times like this, knowing that the city, the city council, the officers in the in the Isqua police district, uh, everyone always looking out to make sure that the Jewish community feels safe here, feels at home here. And by proclaiming the month of May as the Jewish heritage month, it's an invitation to every member of the community to become knowledgeable on the gifts, contributions, all the wonderful things that the Jewish community has given not just to the community in Isiqua as far as social services and holiday celebrations, but also as active members in the education systems and hoping And God willing, the rest of the community will continue seeing the light that the Jewish people are bringing to this community. And as we celebrate this month, every member of the Jewish community living in Isiqua, uh, reading this proclamation, knowing of this proclamation feels a lot safer and a lot more at home. So, thank you. Thank you. Thank you. Right. Let's go out here. We can do the Okay. Commander Nice. Close your arms. Whereas in 1962, President Kennedy proclaimed May 15th as National Peace Officers Memorial Day and the calendar week in which May 15th falls is National Police Week. And whereas the members of the law enforcement agency of the city of Isqua play an important role in safeguarding the rights and freedoms of our community members. And whereas it is important for Isqua residents to know and understand the duties and responsibilities of our police department as well as the problems they may face in the line of duty. And where is that all members of our police department recognize their duty to serve the people by safeguarding life and property, protecting them against violence or disorder, protecting the innocent against deception, and the weak against oppression or intimidation. And whereas Isqua Police Department has grown to be a modern and scientific law enforcement agency, which increasingly provides a vital public service. Now therefore, I, Mark Mullet, mayor of the city of Isiqua, do hereby proclaim the week of May 11th to the 17th to be police week in the city of Isiqua and invite the community to join me in thanking the Isqua Police Department for their outstanding service and contributions to the Isqua community. >> Thank you very much. >> Good evening everyone. Uh today I'd like to take a moment to recognize Police Week, uh a time dedicated to honoring the courage, service, and sacrifice of law enforcement officers across our nation. Police Week traces its origin back to 1962 when John F. Kennedy signed a proclamation designating May 15th as Police Officers Memorial Day and the week in which it falls as National Police Week. Since then, communities across the country have come together each year remembering the officers who have lost their lives in the line of duty and to show appreciation for those who continue to serve. This week is important because it reminds us that every badge is a person, someone who has chosen a life of service, often facing danger and uncertainty to keep others safe. It is also a time to support the families who stand behind them, sharing in both the pride and the sacrifice. Here in Isquar, recognizing police week gives us the opportunity to connect as community and express our gratitude to the officers who protect our neighborhoods, respond in times of crisis, and work every day to build trust and safety. So this week, let us pause to remember those we've lost, honor those who serve, and reaffirm our support for the men and women who dedicate their lives to protecting ours. Thank you. Here. Come on. Okay, here's our fourth and final proclamation of the day. Whereas Asian-American, Native Hawaiian, and Pacific Islander Heritage Month is an annual celebration that recognizes the historical and cultural contributions of Asian-Americans, Native Hawaiians, and Pacific Islanders in creating the American story. Whereas, we celebrate the growing diversity of Isiqua with the second largest race being Asian-American residents representing 28% of our population. Diversity brings richness, opportunity, and growth. And whereas we acknowledge those contributions of Asian-Americans, Native Hawaiians, and Pacific Islanders to our local arts, education, sciences, and to our economic, social, and democratic institutions that strengthen our city. And whereas we admit the past and current hardships for Asian and Pacific Islander Americans and strive to foster inclusion to ensure all people have an equal opportunity to live and prosper. whereas we come together as a community in a spirit of unity to celebrate the invaluable contributions that enrich our city with Asian and Pacific Islander heritage. Now therefore, I Mark Mullet, mayor of the city of Isqua, to hereby proclaim May 2026 to be Asian-American and Pacific Islander Heritage Month in the city of Isiziqua and I urge a community to join in special observance and celebration of Asian-American and Pacific Islander heritage. Thank you to Thank you to Mayor Mark Mullet and the city of Isiqua for this meaningful AAPI month's uh proclamation. The circle truly appreciate the city of Isakqua for recognizing and celebrating the rich diversity and contribution of our AsianAmerican and Pacific Islander communities. On behalf of our community, I would like also like to warmly invite all of you to our AAPI celebration on May 17 from 2 to 4 p.m. at the Isakqua Community Center. This event will feature cultural performances representing communities from China, India, Pakistan, and Filipinos, Japan, and Pacific Islanders along with interactive cultural stations highlighting traditions from China, Korea, Japan, India, and Hawaii. We are also excited to launch a Chinese history reflection project in partnership with Isaakqua History Museum. the um during these events helping to deepen our shared understanding of our local history. We would be honored to have all of you in joining us celebrating cultural community and connection. Thank you again for your support. Thank you. >> We're going to do a we're going to do a photo, but we're going to get you the shift kit later on. The next item of business is audience comments. And for those of you who signed up in advance, you'll be called on first. If you're joining us virtually, you can raise your virtual hand. You can press star three if you're on the phone. And we will ask people when you do speak, please state your name and your connection to the city of Isiziqua. That could be your home address or your business address or just whatever it is that connects you to isqua. And please be respectful. And madam clerk, you want to go ahead and call up the first person. We have the sheet coming. And I I had Maddie on here first. Is that still right? Oh, Dave is Dave. You got in ahead of Maddie. The the veteran has outdone you. >> Good evening, council. My name is uh David Wagner and I live uh at 22529 Southeast 42nd Terrace. That's in Providence Point. and I'm probably the oldest is aqua here tonight. I've lived in Isiqua since 1945. Um, gone for 26 years serving our country. Want to say congratulations to Erica. Erica and I served on a couple of boards together in the city. So, it's nice to see you up there. Um, wow. I'm down to one second already. >> Time flies when you're having fun. >> There we go. Um, this will be the formal invitation for our Memorial Day service, which will be held on the 25th of May, and we're going to change it up a little bit this year. In past years, we've always had that service up at the cemetery. However, as your cemetery board chairman for 12 years, I would always see the damage after we had that service and I would watch people and not on purpose drive over gravestones. We don't want to do that anymore. So, we are moving this service to the senior center thanks to the city for letting us do that. and it'll be 10:00 on uh Monday morning, May 25th. Flintto's funeral home will provide refreshments. The service probably won't last more than 45 minutes. Our illustrious mayor will be our speaker and uh we look forward to you coming down. I think parking will be better here downtown than it uh is up on the hill. We're going to still have volunteers from the community uh when we set the uh cemetery up on Saturday morning beginning at 9:00. So, I want to say to the city, come on out, enjoy it. Again, Flint Off Funeral Home will have refreshments for us to set up flags and crosses. and uh take down will be uh Monday night at 6:00 p.m. need the same help there. Mayor, I want to report that uh the numbers from flag retirement. Our mayor attended our flag retirement on the 25th, Saturday the 25th. It went from 8:00 in the morning till 3:00 in the afternoon and we retired 800 to a thousand flags just on that Saturday. Thanks to uh East Side Fire and Rescue for being up there. That fire was hot. We want to make sure the kids were safe. We had uh an Eagle Scout project which was completed. 60 scouts trained in proper flag etiquette for disposal and wonderful camaraderie between the community and East Side Fire and Rescue. Um to date uh I think we're closer to 10,000 flags that we have uh disposed of for the city of Isiqua since 2006. That's a lot of flags. And the last thing uh tonight flag that flag represents uh six new flags that we're presenting to the city of Isiqua. Just so you know, we've lost 13 soldiers, sailors, airmen, and marines since this Iran war has started, and we don't want to forget them. So, between East Side Fire and Rescue and the city of Isiqua, we on Memorial Day will be flying brand new flags in their honor so that they are not forgotten. That's all I have. Thank you. Hope to see you at Memorial Day. All right, thank you very much. And here's a public service announcement. I didn't know this until I became mayor. If you have an old flag at your house outside of the senior center, there is a box. Looks kind of like a mailbox where you can actually put in your old flag. And I will say being at this event, I saw flags with 48 stars on them. Hence, flags that were obviously made pre-1959. So, there were some old flags that were retired. And it is actually a very effective way to retire flags by bringing them down to the senior center. Uh madam clerk, next >> Maddie Coats. Excellent. Good evening, Mayor Mullet, council members, and city staff. Thank you for the chance to speak today. My name is Maddie Coats and I live in North Isiqua. I'm the editor of the Isiqua Spotlight and I'm here to share some exciting details about the future of local news in Isiqua. In 2017, the Isiqua Press shut down after 117 years, leaving behind its legacy as a trusted so source of local news coverage. For generations, that paper documented the stories, decisions, celebrations, and challenges that shaped this community and helped residents stay informed and connected. In the years since its closure, Isiqua has become known as a news desert, a place with limited access to consistent, locally focused reporting. As our city has continued to grow and evolve, there's been no dedicated newsroom regularly covering the issues that directly affect daily life in Isiqua. The loss of local news didn't just mean fewer headlines. It meant fewer opportunities for civic engagement, accountability, and shared understanding. We know that communities are strongest when residents have trusted information about what's happening around them. That's why I'm proud to introduce a new chapter of local journalism that's about to begin in Isiqua. The Isqua Spotlight is a new digital newspaper launching in June 2026. This is an independent community-led effort to deliver meaningful news and information to the greater Isiqua area. It's entirely free to subscribe. All you need is your email address. Every Friday, subscribers will receive three to five stories in their inbox dealing detailing the topics that matter most to our community. In surveying residents, we've heard that people want to read about local government schools businesses arts and culture, transportation, history, human interest stories, and of course, a police blotter. Our coverage of Isiqua City Council will focus on breaking down complex issues in a clear, accessible way for residents. This ties into our mission of delivering independent local news that helps Isiqua residents understand their community and feel empower empowered to participate in civic life. I do want to address some test content that briefly appeared on our live website several weeks ago. Um we want to set the record straight that what we're building is a serious professional newsroom for Isiqua. Our content is nonpartisan, fact-based, and distinct from existing blogs and opinion-driven content. Our publisher, Adam Pinkinsky, started building the foundation for the Isqua Spotlight almost exactly one year ago. Um, as a 30-year subscriber to the Isqua Press, he missed having a local source of news coverage in the greater Isqua area. In the early days, Adam partnered with a group of volunteers to research similar startups across the country and better understand what makes community journalism successful today. With support from the Isizakiqua Kuanas Club, um he hosted community input meetings to gather feedback on what residents value in local news and what they felt was missing. Ultimately, community members voted to select the isol spotlight as the name of this publication last year, last fall. Since then, we've hired a reporter and editor, established a board of directors, many of whom are sitting behind me, launched our website, and built a clear financial plan. Our team has submitted an application to the IRS to become a 501c3 nonprofit and until that's approved, we're fiscally sponsored by the Isqua Kuanas Club. We rely on donations, grant funding, and sponsorships to succeed. Over the next month, we've scheduled three community public community meetings to hear feedback from Isiqua residents. Our first meeting is Thursday, May 21st at Blakeley Hall. Our second one is online via Google Meet on Wednesday, May 27th. And our third one is um on Tuesday, June 2nd at the KCLS service center. And each meeting is from 8 7 to 8:00 p.m. We encourage you all to attend. Um and this will be an opportunity to meet our team, share story ideas, ask questions, and learn how to subscribe and support our launch. We ask that you all continue spreading the word about this fresh era of news in Isiqua. Please subscribe and encourage your new networks to do the same. Um, more information you can find at isakqualpotlight.org and I welcome the opportunity to meet with each of you before our launch to share more details about our coverage strategy. Thank you for listening. >> Thank you very much. I was with Adam at Timber Ridge today and we we had Timber Ridge all excited about an online newspaper coming back and Kashif, you get the award for best sneaker game at the May 4th council meeting. is very impressed with the purple sneakers. Uh, madam clerk, next >> John Perisc. >> Mayor, council, thank you for having me tonight. Uh, my name is John Pzik. I'm the general manager of the Hilton Guardian at 1800 Northwest Gilman, as well as I'm the board chair for Visit Isiqua. Uh, I'm here today to talk about just tourism in the city, as well as the, uh, annual report you receive for Visit Isiqua. I do urge that you spend some time to read it. It was a very good report of what we've done last year and with Christy and Kimberly in their positions, they have moved um Isqua as a tourist destination so much. Um with the destination stewardship project gathering local companies together that didn't realize that they were part of tourism. Um, one of the things we love about Isiqua is, you know, the restaurants, the shops, Gilman Village, Front Street, the high school, everything is related to tourists, not just the hotels. Um, tourism is based on people wanting to have fun experiences, and Esqua is here for that. Also, there's a few fun things coming up with tourism. Uh, last year, we were able to do a feasibility study for the upcoming aircraft paragliding festival, which will be the first in the US. It's based off of one in France and has never occurred in the US before and we're very excited for that to happen. Um, other thing that I just want to mention is if anyone ever has questions about what Visa is doing, what we're doing with tourism, how we're growing the city, making money, feel free to reach out. We're always here. We love talking about um just what is happening, what we're doing. It's a lot of fun. For those who've not worked in a hotel, we bounce around. We're bartending. We're cleaning rooms. We're at the desk. We're all over the place at the council meetings. Um, we really enjoy being out and talking to people. That's what we do. So, I thank you for your quick time. Reach out if you guys ever have any questions and do please read that report because it'll answer everything you need. >> Excellent. Thank you very much, John. I will I will be starting that aircraft festival landing on a paraglider on August 15th at 1:00. Yes. uh could be the end of my mayor term. Uh Madam Clerk, >> the next speaker is a virtual attendee, Joe Kler. Joe, we're going to make you a panelist now. You should then see the option to unmute and can choose to turn your video on. Hello. Can everyone hear me? >> Yes. >> Thank you, clerk. Thank you staff for getting the technical issues worked out so we could have some virtual public comment tonight. Some moral support for Isaakiqua as you well 12 Isaakqua as you go for your uh Sound Transit Link competition. Huge supporter of this community uh winning over Kirkland uh for several reasons. Number one, you actually proclaimed Jewish American Heritage Month. That's important. Uh, number two, you unlike Kirkland, are going to deal with the threat of Alex Zimmerman and other anti-semmites coming and hurling hate and drawing a line in the sand. That is very much appreciated. Um, not looking forward to the conversation with Kirkland tomorrow night. Um, I'll leave it at that. Uh, because they haven't done the work that Redmond's done, Belleview's done, 12 has done. And uh number three, I'm really excited for Thursday morning uh where we can make our case for the right communities that accept sound transit values such as inclusion and integrity and community and environmentalism and accountability uh to be be placed ahead and uh complete these projects because Sound Transit isn't just a a mass transit provider. It's also a community builder. And when you lay light rail down somewhere, you are making an a statement that that is where when you put light rail and stations together, you're making a statement. That is where community is. That is where community matters. And I am rooting for you 110% as much as ever and the great north uh and at some point Tacoma. Um and I just want you to know you've got support uh out there. And uh I know Thursday is going to be a tough day. We're still waiting on Sound Transit to drop the draft resolution. On that, I'm uh refreshing the Sound Transit website and uh like you all probably are and just uh hoping for the best possible outcome out of all this so we can build back better from uh the past few years. Want to thank you all for your public service and go get them. Go 12 visiqua. Thank you. >> Thank you, Joe. We like the Seahawk encouragement. It's uh this is awesome. Madam clerk, >> no one else uh has signed up in advance to speak. >> Is there anybody else in the audience? This is your chance. Raise your hand. All right, come on up. Good evening. My name is Aur Kamaria. I am 13 years old and even though I don't live in Isiqua, I live in Samish. I want to start by telling you something personal. I have a congenital heart condition. It was never life-threatening, but I know what it feels like to be a kid going through something, something that feels bigger than you, something that makes the world feel heavy and uncertain and hard to navigate alone. And I looked around and I thought, there are so many kids going through something hard. Not just kids in hospitals, kids dealing with loss, kids going through a family divorce, kids carrying weight that no child should ever have to carry alone. Nobody was asking these those kids what they imagined. Nobody was asking them what they dreamed about. Nobody was asking them what they would create if they could create anything. That silence is what started Printable Dreams. Printable Dreams is a nonprofit I founded that turns children's drawings into real 3D printed objects. A kid draws something, a dragon, a rocket, a garden creature, a superhero, anything their imagination can conjure up. And we bring it to life as something they can actually hold in their hands. Something that is entirely, completely, uniquely theirs. Every single print is made specifically for that child. No two are ever the same. Principal Dreams is not just for sick children. It is for every child going through something hard. Every child deserves a moment where the world stops feeling heavy, where their imagination becomes something real and joyful that belongs entirely to them. I believe that when a child holds an object made from their own imagination, something shifts inside them. It tells them that their dreams are real, that their ideas have power, that even in the hardest, darkest moments of their young lives, their creativity belongs to them. And nobody, nobody can take that away. I've seen what happens when a child realizes their imagination can become something tangible. Their eyes change, their posture changes, something in them wakes up. That moment, that one single moment is worth everything. I am funding this entirely myself. From June to October of last summer, I spent every weekend helping an elderly vendor at the Redmond Farmers Market seller products. Week after week, I showed up. I stayed the entire day. Every time I earned $300. That $300 is what is backing Principal Dreams today. Not my parents, not a loan, not a donation. Months of work I did with my own two hands because I believed in this before anyone else did. My teacher at my school, Englewood Middle School, Mr. Henderson, has been gracious enough to let me use the school's 3D printer with my own filament. I have a mission. I have my teacher support. I have my parents support. I have a website and I bought the raw material from the money I earned. Here is my dream. I do not want principal dreams to say in Samish or even in Washington. I want to build a global network of 3D printing volunteers, people all around the world who sign up. And when a child anywhere in a hospital in Seattle or a clinic in rural rural Kenya or a children's ward in Tokyo sends in a drawing, I match them with a volunteer nearby who can print it and deliver it directly to them. Free. Always free because this will never be about money. This is always about making a child feel seen. I'm asking tonight for your support, your connections, and your help in growing printable dreams into something that reaches every child on this planet who needs a moment of joy. Because every child deserves to see their imagination be real, be become real. If you want to learn more, my website is printabledreams.com. >> Thank you. >> That was really impressive. Uh, >> thank you. >> You get the award for most profound 13-year-old testimony of 2026. And I think we're all glad that at least there's one election cycle where he could run for office and beat all of us. So, anybody else wishing to testify? No. Audience comments. Okay, we are now going to end audience comments and the next item of business is the consent calendar. I do not have any remarks on the consent calendar items. Committee chairs or chair doesn't any reports on consent calendar items. Looking looking not seeing any. Uh I think madam clerk you might have a minor update. >> Yes. I just wanted to let everyone know per your policy that there was a correction made to the April 27th meeting minutes. Uh that was circulated to you a few hours ago. It was just better clarifying the location of an item of discussion at last Monday's special meeting. With approval of the consent calendar, you'll be approving the revised version. >> Okay. So the consent calendar was contri was distributed to the council in advance. If authorized cassette calendar will be considered together and approved in one motion. Have the payables and payrolls been reviewed? >> They have. >> That is affirmative. Does any council member want to remove any items from the consent calendar and place them in regular business? Not seeing any. Is there a motion? >> Mr. Mayor, I move the consent calendar as listed in today's uh packet. >> Second. >> There's been a motion and a second. All those in favor, please say I. >> I. I. >> All those opposed? Nay. And that passes unanimously. The next item of business is regular business. ID 2018 informationational update on the Q4 2025 year end report. I think we have Kristen Garcia coming up to present this item. >> Yes. Thank you, mayor. Uh, give me just a moment to get my screen. Let's see. Okay, we can. All right. Thank you, mayor. Good evening, members of council and for those members of the audience um here tonight and maybe viewing online. I'm Kristen Garcia, the finance director here and here to give a 2025 year end financial update. Um, I do want to take a moment to thank council for all the questions um that were received on this report. It's helping to inform me and our new budget manager of some of the information that you're interested in, the level of detail that you're looking for. Um, and so that'll help inform and direct on future reports. So, thank you for uh providing that feedback. I've also been trying to expand the information that's been presented to council so you have a more holistic view of um all city finances. I know historically we've tend to focus on the the general fund, what we call the big four revenues and the refunds. And so um hopefully the expansion of the information that I'll share will be helpful as you move forward with some of your decision- making. And the last item that I want to note before I get started with the presentation is that we do have a new budget manager. His name is Michael Blunt. and you will all get the opportunity to meet him as he's invi been invited to attend our council retreat this Saturday. >> Michael's from Goodyear, so our icebreaker is going to be who's seen the Goodyear blimp and you'll have to share Goodyear blimp stories. >> Yes, that was a fun exercise. All right. Uh so the purpose of tonight is to um intended to provide city council with an overview of the preliminary unodudited 2025 year financial results. Um, I do want to make note that the amounts in the document are subject to change pending final review, internal review of the financial statements and then of course pending final outcome of the audit. I don't expect there to be any changes. Um, but the CPA and me wants to make full disclosure that if there are any changers if there are any changes I do expect they would be very minor and not material. So the general fund started uh 2025 with fund balance of uh 17 million uh 48% of which was restricted and related to the affordable housing sales tax. Uh beginning I do want to note that beginning in 2026 the city did create the affordable housing sales tax. We have moved all of the restricted fund balance out of the general fund into the new fund. So now going forward all revenues and expenses will be accounted for in that fund. So that should eliminate or significantly reduce u the amount of stricted u monies reported in the general fund. Um I want to note that the city also received 9.6 million in uh from the sale of the capital assets of the uh northwest city hall northwest and the food bank and this is a one-time source of income. So that's why it was noted separately in the report and uh removed from fund balance calculations. The total ending unrestricted fund balance at the end of 2025 was 8.1 million or 12% of total unrestricted expenditures. A reminder that city financial policy requires unrestricted fund balances to be between 15 and 20% of unrestricted expenditures. And um if you might recall during the mid uh bianium process last fall we were targeting to hit the forecast was targeting to hit about 10% at the end of 2025 and 12% by the end of 2026. So we're actually ahead of where we forecasted last fall. The city has four main revenue sources um in the general fund. Uh property tax, sales tax, business and occupation tax and utility tax. We historically have referred to these as the big four revenue. So if you hear that term, um that's typically what we're referring to. Um collectively, these four revenue sources comprise about 69% of all general fund revenue. And this chart is comparing the 2025 budget to Q3 2025 forecast and then year-end actuals. Uh property tax revenues came in at about 10.8 million uh both aligned with budget and forecast. Sales tax revenues at year end were aligned with budget both at 20 million but the forecast was indicating that we would come in a bit higher at about 21 million. Uh we looked back at the forecasting model and the historical forecasting methodology was based on an average percentage of total revenue rather than the change from year to year. So I think that's might what be um driving the higher forecast. So, um the new budget manager and I going to take a look at our forecasting models for 2026 just to see if any adjustments might need to be made and um to make sure that we're trying to forecast as accurately as we can. Uh BNO taxes, those are a little bit harder to predict. Our actuals came in about 7.5 million versus 6.75 million uh for budget. Actuals though were actually within about 45 or 46,000 of what we forecasted. So that actual forecast was a little bit closer. Um I did notice in the last um couple of years the budget has been quite a bit lower for BNO tax. Um so that's something that I want to take a look at as we start begin developing our 2728. >> Kristen, I'm going to go ahead and I'll do questions as you go. So council president Marks. >> Yes. >> Thanks. So we're we're gonna I mean there's information in this packet. I'm I'm confused about these numbers a little bit because there's information in the packet that says for revenue general fund uh 2025 revised 67 million 2025 actual 79 million over under 12.4 million. So how do those numbers relate to the numbers on this slide? >> So the you're referring to um probably this >> this chart. >> Yeah, there we go. >> Yeah. So the 12 million 9.6 Six of that was the sale of the city hall northwest and then 3 million of that was from other changes um related to let's see I have that in there um we have investment interest park rentals and recreation classes BNO taxes I just talked about um plan check Bes so other miscellaneous but the the the $12 million difference 9.6 six was from the sale of city hall northwest. >> I see. Okay. So, I'm just Okay. It just It wasn't obvious why they would be different. >> Why that didn't connect. So, >> no, just why they would be different, but Okay. All right. Thank you. >> Okay. Okay. And then um as for utility taxes, the budget of 8.3 million uh was projected a little bit too high. We looked at the projections for the incremental tax increase that would have been received when we increased the tax rate. So the change in the utility tax rate uh was overestimated. Um so the the forecast was also um affected by that. Uh and that's something else that we'll need to address as we look at the 20 27 and 28 budget is that I think historically um because of that change we've been budgeting a little bit too high. So we want to bring that into an alignment. Okay. So this chart is referring just very high level at um the general fund the utility funds kind of rolling in a high level view of all the city funds. Uh total revenue uh collections across all city funds for the city were about 181 million. Um, as I mentioned, the general fund, uh, the variance is 12.3 million. 9.6 of that was the revenue from the sale of City Hall Northwest and the food bank. And then other items that contributed to that I just mentioned, um, investment interest, park rents, recreation class, BNO tax, um, and plan check fees. That list is not all comprehensive, but those were some of the big variances that contributed to that. uh water and sewer revenues came in over budget because of us user charges. Uh there was a rate increase per the ordinance that affected 2025 rates. So that impacted revenue and we did have a a slight increase in the number of customers being built. So that would also contribute to the increase in revenue. Uh storm revenues came in under budget. Um that was because of the Laughing Jacobs Creek project. So I'll I'll talk a little bit in a few slides, but the enterprise funds do account for both operating and capital revenue expenditures. And so it it's not just user charges. Any capital grants or um connection fees would be included in that. So I wanted to point that out. Uh we did budget in the the storm fund to receive a grant of about 995,000 related to that Laughing Jacobs Creek project. Uh but we had very little expenses related to that. So we didn't seek uh reimbursement so we wouldn't have had revenue to compare against the budget. Uh REIT came in over budget because of the sale of the Anthology apartments. That was a very large transaction. Um quite an anomaly, not uh not something that we typically see. So that drove the uh revenues up and came in quite a bit over budget. Uh mitigation revenues also came in higher than budget. We received about 600,000 more in traffic impact fees, about 148,000 more in bike pedestrian impact fees, and about 117,000 more in fire impact fees. Um the other category is kind of a combination of all the other city funds rolled in together. Um the biggest piece of that about half is the capital projects fund. Uh we also have other uh funds, internal service funds, the debt service fund, the other special revenue funds like school zone safety, lodging tax and cemetery. Uh but the biggest difference um the $5 million variance is related to the capital project fund. Um and that's really related to the timing between grants. So in the capital project fund that doesn't generate its own revenue. revenues typically come from transfers from other funds like mitigation or REIT or the TBD fund or grant funding. Um sometimes the timing between uh when we plan for a project and when the project occurs sometimes uh that timing is shifted or when we might expect to see the revenue um because they're typically reimbursement based. So the biggest difference is uh as an example we have a project TTRO96 the northwest Samameish road project. We budgeted about 3.1 million to receive for that project. Um but as of year end we only received about 4,000. That's probably because we haven't expended enough to seek reimbursement. So that would be an example of why that variance would be so big. Okay. uh total general fund expend expenditures came within about 500,000 of budgeted expenditures. Uh police and parks are the largest departments in terms of budget. Um in the undefined category, the biggest piece of that is the east side fire and rescue services. And then um the next largest category within undefined would be transfers out. Um that would primarily be the general fund support transfers to the street operating fund. Uh there were some departments that had overspends, some that had under spends, but a reminder that we budget at the fund level and 2025 is year 1 in the bianium. So this is kind of our midbian checkpoint and we look at expenditures between 25 and 26. So overall for bianial budgeting purposes, expenditures coming within 500,000 is pretty aligned with budget. So no concerns there. >> Council President Marts, >> thank you. So at at the highest level, so setting aside uh the sale of City Hall Northwest, I I I think what you said was that we exceeded our budget for revenues, right, by something like three million. >> And you said our expenditures were within 500,000 of budget. So why did our ending fund go down? I would have thought that our ending fund would have been up by something like two and a half million. And part of this is because we don't have line item on expenditures the way we do on revenues, >> right? Um so we have >> plus 3 million minus 500,000 is plus 2 and a half million, right? What am I missing? >> Well, you're looking at actuals. I'm comparing bud budget to budget. So our actuals, our beginning fund balance was 17 million and then our ending fund balance was 17 million. So that's actual to actual. So it we actually increased our fund balance. >> I'm sorry. We increased our fund balance by how much? >> By 800,000. But that was total restricted and unrestricted. See that's that's one of the complications of when we're coming co-mingling restricted and unrestricted. So if we look at unrestricted, let me move my screen here. >> I'm just trying to understand, it seems like we had a good year for revenues and if we towed the line on expenditures, why didn't we have a good year in ending fund as big as big of a good year? If we were really like plus three million, >> I would have to dig into that more because I guess I'm not that's the big that's the big question, right? What? >> Yeah, I guess I'm not understanding because I'm showing the fund balance did increase. So, >> but if it increased by 800,000, you showed that we were our actuals in 2025 were 12.4 million over and you said roughly nine of that was the sale of City Hall Northwest. >> Right. >> Right. So, that should mean um three and a half million. Right. We were we overperformed on revenue by about three and a half million dollars. Right. Right. And then we overexpended as well >> by about 500,000. >> Mhm. >> 3.4 minus 500,000 is not 800,000. But again, because we're not seeing the expenditure numbers, it's hard for me to guess, but I'm just trying to understand. It seemed like we had a good year on revenue, and if we to if we held the line on expenditures, we should have had a really good year on ending fund balance. Is that wrong? >> That's not wrong. I I'll need to look into it a little bit more detail. I think you want to see the line item detail. Also, I think it's better. >> I want to see the big picture, right? If the big picture to the community is we did better than expected on revenues, I would hope we would do better than expected on ending fund balance. If if we held the line on expenditures, if you told me that, oh, expenditures were also three and a half million high, then I would see then I would understand why the ending fund balance was, you know, within the margin of error the same as before. But that's not what I I think that you're saying. It's really the big picture on revenues versus expenditure on the general fund, right? Which I think we have control, >> which is what I think I'm providing, but happy to have an offline conversation so I can continue the presentation and dig into the information a little bit further for you. >> I I think starting with having line item on expenditures the way we have on revenues would be a good start. >> Okay, that sounds great. Well, and I in the very bottom of the general fund balance slide does because it's 15.3 million 2025 Q3 forecast and then 2025 actuals end up being the 17.8. So it lines up. I don't know, but I I understand kind of what you're saying, but that's the only point on this chart. So, uh, Deputy President Jen and then Council Member Walsh. >> Yeah, I was I was going to ask. So my understanding is the last the last two lines on here relate to the total ending fund balance and then or is the like increase in revenues by 3.6 million was that like between the Q3 forecast versus the actuals essentially >> that was between budget to actuals I believe. Okay, because I guess I am slightly conf Okay, anyway, whatever. We don't we don't need to dwell on this point for too long now, but it does seem like there's a pretty big gap between the Q3 forecast versus actuals on um unrestricted ending fund balance, which is >> So, if you look at this chart that's on the screen, that's comparing the 2025 revised budgetary numbers to 2025 actuals. So, that was the the 12 million. So, 9.6 Six of that was the sale of city hall northwest and then the rest was those miscellane miscellaneous items that I talked about. So that was comparing revised budget to actuals. >> Okay, that makes sense. Then I think then on this slide the difference between Q3 forecast and actuals is you know at least in the same ballpark as on slide five. >> Yeah, council member Walsh. >> Yeah, I was just going to follow up on what I was hearing from Council President Marts. um where is that 500,000 coming from? Because when I read slide three, if you'll go back to it, the difference between unrestricted expenditures, um that 66.359 million on the budget and the 68.036 on the actuals is actually 1 almost 1.7 million. So, I'm not sure where the 500,000 came from. Maybe it was another part of the document, but at least if I'm looking at, you know, the revenue was up 2.6 million between budget and actuals there on unrestricted, ignoring the sale of capital assets, and the expenditures is up 1.7 million. So, if I'm reading that correctly, then I want to take on your question, which is why were our expenditures $1.7 million over budget on unrestricted funds? >> So, you're comparing >> I'm comparing the budget of 66.4 million. >> Yes. Okay. I think >> and the actuals. >> Yes. So I think I see where the confusion is coming from. So um this make sure you can see. So this column right here was the original budget. Um and I I thought this could cause some confusion. So that's my apologies. So this is the 2025 original budget. We use the original budget because we didn't um have a breakdown of restricted and unrestricted. But in this other section right here, we're actually comparing the modified budget. So that's so we actually modified the budget. So that's why the budget to actions were a little bit closer. So um I think I need to provide that detail. So my apologies that that is I caused that confusion. >> So the the charts the budget columns aren't apples to apples if that makes sense. We started the first piece with comparing original budget original forecast and then went into modified because we didn't have the original breakdown. So would it be safe to say that while the difference between the original 2025 budget and 2025 actuals for unrestricted expenditures is large some portion of that is expenditures that we approved >> correct >> during the bianium. >> That is correct. >> Okay. Yes. I would like to understand what those were compared to how did we you know did we overspend to our modified budget? >> We came we overspent by the 500,000. >> That's the difference. So >> do you get that? >> Uh Council President Marts, she was just explaining the 500,000. Yeah. I I we're we're using some some different terms here. This Q this Q3 sometimes we say Q3 sometimes we say revised. I'm I'm choking over the terminology. Um >> I think what I am hearing is that uh all I care about at the end of the day is when the voters and our residents stop if somebody stops me on the street and they say how are we doing? Are we spending like we said we were going to spend and are we are we matching that to the revenues? Are we being good stewards of their money? What I look for in these reports is the ability to answer that question. So, so the extent to which we blow out expenditures or blow out revenues is is the bit that I want to understand. So, this is a helpful conversation and I will go back and watch this video again um to make sure that I understand. I I think the answer is that um our expenditures compared to original budget were on the order of increased to the extent that revenues increased and so um that's why the ending fund balance doesn't change as much as we thought it would. So thank you for your help and thank you for your help >> and we have 90 minutes on May 9th to this topic. >> Thank you. Yes. Well, no this is very helpful um for me to understand you know terminology. I know we do think do use things interchangeably. So it helps provide more clarity for me. So my apologies if I um caused any confusion, but I I have a better understanding going forward on how to better meet your needs. So hopefully it'll be better next time. Um okay, I think we left off with um going into the enterprise funds and I think this is something maybe newer that we haven't seen before. I believe um maybe quarter two or quarter three we might have kind of dipped our toe a little bit into the enterprise funds but um again this is just a highle broadbrush overview what this chart was um trying to indicate. So I guess I should stop so I should stop just to make sure everyone understands. So the city has enterprise funds which are comprised of water sewer and storm water revenues. Those funds are a little bit unique in that they do account for all operating revenue, operating expenses, and capital revenue and capital expenses um unlike some other funds. And so the next three charts are going to show the inflows and the outflows of those funds. Um again, which include both operating capital. And um I did want to note I mentioned it into in the memo that the enterprise funds are designed to be self-supporting and structurally balanced in that over the long term the rate should be set to generate enough revenue to cover both the operating and capital. Um what that also means is that I have an expectation that fund balance may go up as we're accumulating revenue because we might be saving money to pay for a future project. But then fund balance might go down because now we've planned for that big project that we've been saving for. Um so I I think you'll the a question came up um in the report. So I did kind of want to explain that that um just because you see a dip in fund balance does not mean that there's a structural fund balance. It it's the funds are structured to operate that way. Um so in the case of the water fund uh the overall revenues were more than um expenditures and so in this case that added to the ending fund balance. Um in the case of the sewer fund the total expenditures exceeded total revenue. So here's where you're going to see that the fund balance um actually went down but it was used for capital outlay. Um but if you look at the ending sewer fund balance, it's still about 1 million more than what the sewer revenues um generated. So in 2025, as an example, there was total expenditures which included the uh Newport sewer relocation project and that project cost was about 4.8 million. So again, that's why you would see a reduction in fund balance. Um, and then, uh, the fund balance for storm water, it increased just slightly. There wasn't any, uh, major fluctuations or any additional items that I needed to talk about there. Um, but again, based on feedback that I'm hearing and in future reports, I think it might be helpful we can also provide a more of a breakdown for this. um because it's hard to see kind of how it's how the u utility funds are operationally functioning because of the coing co-mingling between the operating capital. So if council would like in future reports we can provide a better breakdown for those funds as well so you can kind of better understand how revenues are performing on the operations side. Uh so in summary again just a reminder this is year one of the bianium so this is kind of a mid checkpoint. Um generally I would say revenues are steady with moderate growth and uh from my perspective the financial results are generally aligned with forecast and budget and I I don't have any major concerns with how we're we're performing financially at this point and then our next steps will be to bring forward a quarter 1 2026 update. Council President Mortz, >> did it surprise us that our revenues turned out fine? Because I feel like we've had a lot of conversations where like grim tidings are coming and we need to tighten our belts and we need to be careful. And um we are always careful, but this this feels like maybe revenues did better than we had been fretting for the last six months. Is that true? >> I would say that is true. However, I would also say that based on what things are happening nationally or even statewide indications, I think we were accurate in taking a pause and evaluating where things were to understand how things would h be happening locally. So, while I'm pleasantly surprised to see that we did outperform, um, I still think there's things out there that I'm seeing at the state level and nationally that we still should be in a a period of caution, not overreaction. >> So, too soon for a giant disco party is what you're saying. >> Correct. >> Okay. >> Yes. >> Thank you, >> Council Member Adair. This is probably kind of outside the scope of this, but a number I've been after is after the the recent the millionaire tax with the decrease in sales tax that's going to hit cities. Is any number that we have yet to assess what isqua's feeling of that is because obviously sales tax was the biggest bit of revenue in our column here and I know that's still a couple years away but like some idea of what that's going to be. I c I just be very so I can tell you we did see a small uptick when the new taxable services did come online. Um it wasn't significant to maybe change our whole financial picture. Um but I imagine now that the millionaire tax with the changes in that we'll we'll see that reduction again. But again, it wasn't it was only one month, so I I can't give you any kind of a trend or an estimation, but I can just tell you we did see a slight uptick. I'm fairly certain it was attributable to that um taxable change. Well, and I think council member Dere would say at the AWC legislative affairs committee last Friday, I think we heard from the legislators who were there that yes, this sales tax like on IT services, which is like I think one of the things that Starbucks is now shifting their IT to Nashville so they don't have to pay sales tax on their IT services. They made it very clear that that is going away at some point. So, we're all going to get this small kind of lift in sales tax from that. But I think in the back of the envelope guess for us I think on diapers, overthec counter medicine, like hygiene products, we're probably losing, you know, a few hundred,000 I think in sales tax uh from that. That will go away. But right now, those haven't gone away yet. But we are getting additional sales tax revenue from service sales tax. But like I said, I think the the back fill we're going to be asking from the legislature is for the ones that we expect to stay around. and they made it very clear they're not going to backfill the IT sales tax. We should treat it as kind of one-time revenue that we shouldn't expect to be ongoing because they're saying after 2028 assume it's going away. So, I think they're trying to manage city expectations that the short-term sales tax from the service expansion is not something we should be relying on and we should treat it as one-time revenue. So, that'll be our challenge, I think, as we prepare the two-year budget is to do exactly that and try to strip out that sales tax on service expansion. >> Okay, that concludes my presentation. >> Other questions? >> Thank you. Um, are we ready for feedback or just Yeah. Okay, great. Um I did find the um whatever inflows outflows charts um that you provided for enterprise really useful. I would like to see those as you said for operation versus capital just to have an understanding that you know that will show the picture of we're saving for certain capital pieces but we're covering all of our operations needs. >> Yes. I would love to be able to create that story for our general fund and be able to really understand. I think we've we've had a hard time telling the story and creating a visual picture of what our general fund health is and what the inflows and the outflows are compared to expectation. Um and so I think that type of picture if it's possible could be a useful way to show look this is the um balance the fund balances this is the revenue this is the expenditures and the result because another piece that I think we're all cognizant of is trying to understand that we are growing that fund balance >> because we recognize that the 10% we thought we were going to be at and the 12% you're now saying we're at is not where we want to be. And so being able to show that we were able to grow that is really important. I think also recognizing that maybe telling a story over the last few years of some of the mid budget cycle additions that we've had. How what percentage of our expenditures that is? How how are we trending on that so that maybe we can utilize that to create a little bit of you know fiscal restraint during the mid bienium so that you know because it's very easy to say yes to something that's presented to us as a need when it's a one-off >> right >> but when I have to balance it against our staff members and whether or not in a budget cycle we are going to be cutting staff that is much harder. And so recognizing when we make these changes what the impact is to our overall budget, I think would be a really good story for us to have in our back pockets as we um are presented with those opportunities. >> Okay. Yeah, that's great feedback. Thank you, >> Council Member Boyd. Uh I why is a BNO tax I think you mentioned earlier it's like kind of harder to um plan around >> because that's based on businesses revenue and so we're really not privy to that level of detail on how an individual business is performing other than when we get the tax return. So we can really just rely on trends and the best we can kind of pay attention again to the local economy to see if we're you know sensing that a particular business might be struggling or performing really well. Um but but that's why it's um yeah we're not privy to that level of detail on how individual businesses are performing. Does that >> And I think Kristen too in the BNO tax we felt like some of the forecasts were just deviating from actuals in a way where I think going forward we're going to try to make sure the BNO forecast lines up really closely to what we've actually been getting. So I think we had some forecast >> correct >> and that's in the >> this is forecast I think coming from pre Christristen. So I think going forward I think our goal is to have forecasts that we think are going to be more accurate what the actual BNO revenue has been >> correct. Thank you. >> Okay. I think you're off the hook. >> Okay. Thank you so much. >> May 9th we get we get this times three. We get 90 minutes of uh Okay. So next ID 2001 public records and open public meetings act training. I did make a request to have this as the committee the whole item. I was told that I too need said training and and so that was not an option and here we are. Rachel, >> sorry. We'll we'll try to make it as painless as >> make it spicy. Yeah, you got to spice up our training here. >> All right. Good evening everyone. Rachel Bender Turpin. I am here to talk to you about the um P and the Open Public Meetings Act. Sorry, just a second. I lost it on my screen here. >> And you can ask questions as we go. It'll keep us engaged. >> All right. So, we're going to start by um well, a little overview of the evening. We're going to talk about, surprise, surprise, the public records act and the OPMA. And we're going to have a special emphasis on social media because I understand that the council rules of procedure are before the council this evening as well, including a social media component. So, this is very uh timely and topical. Sorry, getting used to the remote. So, what's the the P and why should you care? The Public Records Act is a it's the Washington State Sunshine Act. Essentially, it's a strongly worded mandate for broad disclosure of um of public records and access to public records, which is um essentially in the interest of keeping government open and transparent. It requires agencies to make records available for inspection and copying to anyone who requests. And it also requires that we you know retain set records in um conjunction with other separate local government retention uh schedules that set how long those have to we have to keep those. It's important because um first of all you all have to have this training. it's required by statute. So, by law, you have to learn about these things. But also, public records act violations, um, they can be really expensive. And so, it's good for everyone to know a little bit about the Public Records Act so that not only we can comply with it, but we can um, you know, understand how important it is to comply so we can avoid lawsuits. The definition of public record is very broad. It includes any writing that contains information relating to the conduct of government or the performance of government that is prepared, owned, used, retained by um the government agency and it's regardless of the physical form or characteristics. So essentially they define writing to be very broad to include um pictures uh audio recordings basically any any type of record you know writing is not just written words let's put it that way maps you know anything like that it includes emails and other uh digital documents it also includes any of course any paper files it includes recordings your web content content. Um, it also includes public records that are created in your personal accounts or on your personal equipment. So, that's um an important thing for us to think about and discuss this evening because um you know there are challenges with that and it may also include uh social media posts which we'll talk about more. I've already kind of talked about this but these are some examples of public records. Um, it includes things like draft documents. It includes phone logs for um, you know, any sort of city cell phone and potentially maybe even personal phone logs to the extent you're using personal phones for city business. That's kind of a a gray area one. Voicemails, text messages, and it can also include social media posts. um but also the comments that are made on posts either on a council member's post or on someone else's post um depending on the circumstances and what exactly is said. Location and format don't matter. So that's kind of the the most important thing. Now we'll talk about some tick. You're gonna >> before me >> before you go on um just uh that piece there you've listed you know potentially um notes or anything like that. Can you talk about the difference between something that gets typed up but doesn't get saved versus um otherwise because I know there's just this if something is a temporary piece um and gets immediately gotten rid of. Yes, great question. So yes, if a document is transitory then it doesn't generally have any retention value and it can be disposed of as soon as it's no longer needed. So, um, often folks maybe just write themselves little notes to during a meeting or something to just sort of, you know, keep track of things. Uh, if if that document truly doesn't require any sort of retention and you'd have to look at the, you know, retention schedule to see what the retention was for that particular document, then yes, you could get rid of it legally under the retention schedule. However, to the extent you didn't, let's say you had it, you would have to provide it in a public records uh request response if you had it. So, that's kind of a that's actually one that I had it come up with a a different uh client earlier this last week. Um they was confusion about a document that didn't have any retention value. It was actually um um browser information, browser history for various users. And yes, that can, you know, there is no real retention for that. You just need to keep it as long as the agency needs it. And so if you don't need it, it can be, you know, gotten rid of, but the request came in before any of that had been deleted. So you have to give it all up. So that's kind of how that works. Council President Martz. >> So, so I I have a confusion. >> Yeah. >> So, text messages. >> Yes. >> Um, I assume obviously like text messages between me and fellow council members. Text messages between me and my son-in-law like what what constitutes depends. I mean, if they're about city business, if they're We'll get a little bit more into that when we talk about um social, you know, the the idea of it being created, it has to be created sort of to further the interests of government. It has to relate to the conduct of government. But if you are actually, you know, it doesn't, it doesn't matter if you're talking to a member of the public or a council member. If it is about city business and you're sending it in your capacity as a council member, then it is probably a public record. >> So, my son-in-law who lives in New York City is a trolley affeionado and has asked me about >> uh the trolley and and getting the trolley back up. That's potentially a a discoverable record with my son-in-law about the trolley. >> Potentially. It depends, I think, on exactly what the messages say. >> All right. Thank you. >> All right. So, now we're going to talk about some local government responsibilities and challenges under the public records act. So, the agency has a lot of lawful um statutoily mandated requirements. We have to adopt and publish a P policy which Isakqua has done. We have to appoint and publicly identify our public records officer. This is our city clerk. And uh we have to ensure that the public records officer as well as all of the members of the governing body uh complete P training which you are doing this evening. We also have to publish and maintain a list of exemptions that are outside the P. Um, that one's tough because they kind of change all the time, but we try to do the best we can. We have to maintain a public records index. Um, and we also have to adopt some sort of fee schedule, at least if we want to be able to charge fees. And then we have also additional statutory requirements to track and log and report on our public records request information. >> Council member Boyd. >> Yes. Um the this training how of is there a recurrence is it like if I this is just it no matter if I'm on >> every four years. Yeah. You don't have to it's not annual thankfully. So >> and then of course we have to keep them for as long as the retention schedule says we have to keep them. >> Can we set the fee schedule or is that there's it's in statute as well? >> We can set the fee schedule but within parameters that are included in the statute. So we, you know, we had to do like a kind of a study in order to charge fees that are different than what the standard statutory fees are. Uh challenges that the agency often faces and we keeping up with technology. It's hard to um find ways to capture and retain that are public records that are created on new platforms. So um you know anytime I mean co you know posed one example you know we had to move to a lot of online uh platforms for a while and uh we had to figure out how we keep all these records and what we need to keep of these various meetings and things like that. Some some apps are easier to capture the data from than others. We have to keep up with the volume of records and in particular the volume of digital records. Um, email in particular is really challenging because people send emails all the time, all day long. And um, it's not only uh timeconuming for us to have to search all the emails during when we get a public records request, but it's also just expensive to store all of those records. So, the city actually has implementing new um procedures for deleting records so that we're not just holding all emails um in our server for ever indefinitely because that's just not really necessary or really useful. Uh a huge problem for every city that I work for is uh funding and staffing levels. you know, it's, you know, these are not really um these are not positions I think that the public really necessarily sees a lot of value in just on the, you know, it's not it's not somebody out on the street performing a service. It's really internal and so um you know, it's just not as is not as uh cool looking to to fund these positions, but it's very important. There's also um sometimes serial or difficult requesters. We're fortunate that we don't really have any here, but you know, I've seen agencies that were almost um brought to bankruptcy by public uh records requesters who um continue to sue the agencies um in frivolous lawsuits. And then it's also just, you know, timeconuming to keep up with those requests even if they're not suing you. And then of course, you know, we have to keep this consistent documentation. And then oh and then we have to um acquire and then maintain records from various third parties in some instances. So not every contractor that the city contracts with is someone that we would have to potentially uh keep that we'd have to produce public records for. If they're truly an independent contractor and they're not performing as the functional equivalent of a city employee, then we would not have to go, you know, ask them to search their records. But we do have a lot of staff here or a lot of um consultants here for the city that do actually act as a functional equivalent of a city employee. So that can raise issues as well. >> All right, Tisha Gizer, city clerk. I'm going to take a few slides here. Um so responding to public records requests. Yeah, this is a little slow. Um, so this is something that, uh, Hannah Haver, who is here with us tonight, uh, shadowing as city clerk, is our public records analyst in the clerk's office, um, and, uh, is handling a lot of, uh, these requests and provided this information. Thank you, Hannah. Um, I skipped over a slide here that I want to cover. Um, so some of the agency's obligations when we get a public records request, um, is to, uh, respond within 5 days. If it's a straightforward request, we try and get the records out to people within that 5 days. But regardless if we can uh get any records together for them, we have to provide them a response. And this has become challenging as we are getting uh requests in all sorts of different ways including sort of things that are going into junk email that are going to employees that you wouldn't expect. People are really creative um and I would say and sometimes maybe even trying to sort of catch agencies um missing these requests. So that in itself is a challenge. Uh so if uh records are available, we'll provide them. If not, we'll pro we're required to provide an estimate of when the records will be ready. We'll then search for the records and provide responsive records uh which often for larger requests includes providing them in batches which we call installments. Um this sounds very straightforward but can be very complex um especially if a request deals with a lot of sensitive information that might need to be closely reviewed and potentially redacted. And as uh Rachel said, we deal with high volumes of records here. I was just taking a look at some numbers we compiled last year. Um, outside of our thirdparty systems, we have about 40 terabytes of data and we currently have 80 million emails around 80 million emails. As Rachel said, we are taking some steps to significantly reduce those to help limit our liability and time spent reviewing them. All right, so these are just some numbers I thought you might be interested in. Um Hannah has just compiled um the reporting that we're required to submit to the state for 2025 and our public records requests are up uh 56% from last year. We'll be providing you a more detailed report on this once we fully flesh out um some additional information and cities around the state will be reporting. So it's always interesting for us to do some comparisons. Um this is showing you a breakdown of common requests. As you can see, police tends to be our largest um type of records that are being requested. So, I wanted to provide you a couple of um current recent uh email request examples um just to give you a sense of the types of requests that we're um fielding from dayto-day and also to just really emphasize to you that it is important that our records are centralized in city systems which includes your records um because Hannah here um is querying uh the city's email repository on a daily basis um to respond to public records we get that include communications. And when people request communications, we uh sometimes need to do some clarifying with them, but typically we're thinking of things like Rachel mentioned, text messages, emails, um phone messages, whatnot, and uh we're searching our city repositories and making an assumption that in general that our records are in those places. So that's why we really want you using your city email, your city cell phone so that when we're doing these queries, we have confidence we're getting all the records um that we need. So this is a request here on screen that I know has taken many I think this is still in process. This has been a many many many month uh request. One more example here um that actually called out specifically communications between city staff, elected officials and the police department. And you know it might be that in certain cases we're reaching out to you to get affidavits to confirm that you don't have any of these records on a personal device. But again as part of this training just really want to emphasize the value of centralizing Uh so searching we're required to conduct an adequate search and this means thinking about all the all the places a records records might be all the people who might have them um which could include personal devices and providing responsive records. Um we need to be resourceful. Often when we start searching for records we get leads we find other names we get sort of tips to other places we need to be looking and so it can become a bit of a research uh project. Um and then uh as I mentioned uh if you are uh called out as as your records being um desired as part of a request, we might reach out to you to have you attest search any uh locations you might have records and let us know through an a formal affidavit. Thank you. All right, we're going to talk about exemptions. So when we get a public records request, we have to release the document uh essentially in its entirety unless the document is exempt in part or whole. So what is an exemption? Exemptions are um statutory allowances to withhold records or statutory um demands I guess comp like their requirements that a record be held as confidential. Sometimes exemptions are uh kind of up to the agency's discretion and then sometimes it's unlawful to release a particular p piece of information or data. Exemptions are to be narrowly construed. So um you basically go by the plain language of the exemption. This can be really challenging at times because exemptions are usually the result of lobbying activities and it will be a very specific request to the legislature for an exemption. So you may see an exemption that is for certain personal information in the RCW, but it will be for information that information as held by the Department of Health. And so we might have the same information, but we're not the Department of Health. And so obviously that puts us in a pretty awkward position because we know that there is that at least the legislature is saying that there's some sort of you know privacy interest in this information but at the same time the statute has to be narrowly construed and if it doesn't say any agency can withhold on that basis then that's the way we have to operate. Um the general rule is that we withhold only the exempt information and we release the rest which basically results in us redacting most of our records. It's very rare that we withhold a record in its entirety. There's only a few potential statutes I think where um it would we'd have a plausible case for doing that. So it can be a really timeconuming because for instance um applications for public employment are exempt but we wouldn't redact the form that they're on. So then you're just going through and redacting everything that's in each little text box. It's a lot of fun. You can ask Hannah common exemptions. Um there's the attorney client privilege uh and work product exemptions which are honestly probably some of the more common ones uh for the records that we we deal with and certainly the most common ones that I have to personally handle. But then there's also um a few others that we see a lot for uh such as personal information in personnel files. the statute actually describes what that personal information is and uh that's one where I think we have gotten gone a long way in the last 10 years on in terms of the legislature kind of expanding that and having a little bit more protection for employees and what's in their files. Uh also investigative records um can be withheld when they when the non-disclosure is essential for effective law enforcement or if a victim or witness requests it and or if it would endanger someone's life to priv uh life or um right to privacy. But I think the one that's really interesting here is that basically anyone who reports something to the the police as a victim or witness, they can request non-disclosure. And regardless of whether we think that their life would be in jeopardy by releasing that information, their request uh governs and so we wouldn't be able to release their information. And then of course things like financial accounts and social security numbers are fortunately exempt from uh release. So, we don't give those out. This is just a sampling there. I mean, I have a key that I use when I help process public records requests. And, you know, it's it's probably 10 pages long full of, you know, single space. It's it's very long. There's probably hundreds of exemptions total. They're not hundreds that we use on, you know, a regular basis, but there are quite a few. And they're not only in the public records act. They're they can be in other statutes. can be in federal statutes and rigs. So, it can be pretty complicated to figure them out. All right. Now, we'll talk about social media and texts and other electronic records that I think are probably the most commonly created records for council members. Um, that can be kind of the also the trickiest to deal with under the public records act. I mean, your emails are easy. they're in your, you know, city email archive and, you know, we can pull those up um ourselves. But these kind of records can be a little bit more challenging because of where they're held and uh the tests that we have to use to decide whether they're public records. So, text messages and and social media uh posts on your personal devices and accounts may constitute an agency's public records and be subject to the disclosure under the P if two things are met. The record has to relate to the conduct of government and it has to be prepared within the scope of employment or official capacity or when the position requires it, the agency directs it or when it furthers the agency's interests. Obviously, that's not a very clear test. Um, I I'm a lawyer and I do a lot of public records work and I'm not even uh very clear on it that that this test came from a case um a couple of few years ago and um it's what we'd call kind of a resultsoriented decision where maybe I think the court was probably trying to do the right thing but in it they they created a very complicated test that's very hard for us to sort of apply in practicality. So, um, kind of as you'll hear throughout the evening, my my my recommendation is always just sort of air on the side of caution and retain various texts, social media posts and what what have you that you are creating sort of, you know, as a council member and have to do with city business. I would probably just air on the side of caution and keep those and consider those to be public records. And we may you may be asked at some point to fill out what we call a Nissan affidavit. So don't be alarmed if that happens. That is just an affidavit that says that you searched your personal devices and you know either says what you found on the personal device or that you didn't have any public records on those personal devices. And another thing that's just kind of important to keep in mind here is that judges can order um review of your personal devices too, which is just another reason to not use personal accounts to the extent you can or if you are going to use a personal account like I know I've talked to a few of you about um maybe having like a separate Gmail account so that you can send various things to your yourself um that are related to your job as a council member. I you know I strongly recommend that you have it be solely for though you create a separate personal account that's solely for city work because it is possible that you would have to just open that like just sit give it all access to a judge and I don't think most people would want to do that with all their entire um email archive. way. All right. Okay. So, let's um talk about text messages a little bit. So, the city has adopted a text message policy and uh one of the things that we say in the policy is we encourage staff to not use text too much. So, obviously we need everyone to be able to function. We need you to be able to function in your role. But I will tell you querying text messages is very challenging. there's not a lot of context as you can imagine it's number to number. So we just say as a best practice just just think about that. Um if you are going to have a more lengthy dialogue in writing certainly email is is going to be preferred and then always a phone call a meeting um and inerson conversation are are wonderful um methods to communicate as they don't produce records or minimal records. Um however certainly texting is something that we have to acknowledge happens. This is why you have your city cell phones. And as part of our text message policy, we're capturing, we're archiving the text messages of all of our senior level staff, our entire police department, the city council, mayor, and uh supervisors in most of our departments. And uh those so your phone you when you uh got your city cell phone, you at some point got a message from the clerk's office letting you know that your phone was archiving. So we can now query your text messages um if we get a public records request. Um, and the copies on your phones are therefore copies. Uh, I'll tell you in a minute why we felt very motivated to to do this. A comment that uh your phone your photos may or may not be syncing to your one drive. If you're someone who takes photos a lot as is part of your role, um maybe reach out to us and we can work with it to just make sure that's happening. Um if you're not using photos often, don't don't worry about it. All right. So, um you know, just some comments about your personal phone. Um if you end up I I know carrying two phones is probably a a huge hassle. So, let's just acknowledge that. Um but also, let's acknowledge that if you are using a personal phone for texting related to your role as a council member, you have a responsibility to retain those records. Um I know recently I'm reaching the end of my uh iCloud storage and so one of the things I was suggested to do was change my text message retention to 30 days. So, if you have uh council related texts on your phone, just be mindful of that and consider getting us uh text messages of substance um which you could screenshot or we can uh work with you on exporting them. Um as Rachel said in earlier questions, some of those text messages if they're things like running late, I'll meeting you here, you know, things like that, those can be deleted. Anything that has any more substance than that um we should be preserving because in your roles there's a high value on your records and a long retention period for your communication records. Um so as I mentioned at this last point here if you know you have some text >> one second. >> Yep. >> There's a deputy president Jen. >> Yes. >> Um you mentioned there's a long retention period. Out of curiosity what is that period exactly? So for uh the archives, I'm I'm not pleased with uh how how they've construed this, but they say for your records, anytime you're uh communicating with stakeholders, which can be community members, each other, other elected officials, um the records have to be kept as long as you're in office, and then they have to be appraised by the state archives for potential transfer and archival preservation. We have not yet attempted to transfer text messages and I suspect that when we go to they may not be interested which might change our approach but at this point we're just following that advice. >> Great. Thank you. Uh so one of the reasons we were motivated to put this policy in place and pay for this archiving tool, as you might have seen in the news, there was a pretty significant lawsuit that the city of Seattle had to pay because um some of their staff, including their mayor's text messages, were accidentally, you know, deleting or or not accidentally, they were deleting. Um and so we just really wanted to provide some protection to um our council members and staff in this area. All right. So, I'm going to transition and we're kind of doing a preview uh uh presenting the council's draft social media policy that is technically part of your next agenda item, but we thought it the context fit well here. So, I'm going to go ahead and talk to you about the council rules ad hoc committee and then the work they did to uh create the council's first social media policy. So in general, the social media policy is very flexible and encouraging and acknowledging that council members may choose to use social media platforms. Uh and but does say that you know the contact and tenor of uh those communications in your role as a council member should um be professional. Uh there's also uh some suggested uh disclaimers that council members can use that talk about the fact that the viewpoints that you are relaying are yours and not those of the city council and also uh kind of disclosing to anyone who's interacting with you on that platform that those communications may be subject to the public records act. Um there will be a a URL provided with this information if you choose to use it. uh also the the second part of the policy. So in general the policy is offering some guidelines on the use of social media but it's also acknowledging there are some legal requirements to be aware of and this um is a list that if you've taken a look at the council rules there's a little more information provided with each of these as to some of the uh things that you should be considering when you're using social media. The training tonight is covering the first two and and really the confidential and sensitive information. Um is just thinking about information you're sharing on those public platforms, potentially public platforms um ensuring it's not confidential or sensitive. And then quasi judicial matters are um things that come up from time to time and shouldn't be shared or shouldn't communication shouldn't be occurring outside of meetings. Um, so the the policy also says, well, it wants to have a very open-ended approach um to council members using social social media, but also encouraging some best practices. And these are a list of best practices that Madrona put together. Um, our commitment is to work on um building this out a little bit as well as some FAQs to provide council members as they're onboarded and then just sort of maybe periodically as some friendly reminders and as um technology changes. So, this includes avoiding co-mingling, as Rachel said, and we talked to staff a lot about this. We really want a bright line between your personal devices and accounts and your official accounts. I will add here, if you have um things that you're using uh in your uh employment or systems or um calendaring tools, I don't know what it might be, and it's something you're interested in using in your council member role, reach out to us because it our IT department has licenses for a lot of different software systems. And if it's something that you would like to use in your role as a council member, we want to try and help you and we want to try and get a city account for you. So, um please reach out. Uh then the second point here is back to those disclaimers we talked about and then um understanding if you have authority which you are you are not issued uh sort of city sponsored accounts but certainly as council members you have the ability to communicate about city issues. Um so some other best practices trying to keep an open forum so avoiding blocking other users avoiding removing or hiding comments on posts for these platforms and then directing people to and to and that's towards your uh protecting first amendment rights. Then also directing people to official methods of communication trying to help ensure that people are getting consistent messaging. So pointing people to the city website when able. As Rachel explained, another best practice that we will be using on occasion is requesting an affidavit, ensuring that you've searched any platforms you're using. Um, don't be scared of using social media, but be mindful about it being the message there. So, a few um I'm concluding this section with a few just uh practices in general. >> One second, Council President Mart. >> Um, can we go back a slide? Um I am surprised that this is not more restrictive. Um I it was my understanding that like if I go post in Facebook to uh my friends and I say to my friends something about the city that's a meeting is it not? >> You are jumping ahead. There are some definite open public meetings act considerations if a quorum of you are interacting on a social media platform including commenting on each other's posts that Rachel is going to touch on. So that is a problem >> more coming there there there's more coming about social media beyond this slide. >> Well not we're w we're wrapping up um social media but as far as open public meetings act. So four of you or if you're on a committee two of you >> no I I was I wasn't talking about any other council members. Okay. just me and my set of friends, right? And let's say my let's say I'm not friends with any of these people. Um for the sake of argument, uh my understanding is if you have a if if you have a social media um list that is closed, that is a violation of OPMA, is it not? >> Uh I would say that is not a violation of the OPMA if you're the only elected official in Isiziqua that's that's on it. that would be permissible under the policy recognizing folks including friends and family who are commenting on your post. Those posts could be subject to the public records act. Um you would need to figure out how to preserve which we'll I'm about to talk about preserve that record. Um which could be tricky but no this policy wouldn't preclude that. >> All right. Thank you. It it it's easy to >> it does create a situation where it's easy to uh inadvertently violate the OPMA though, but it isn't in it in it of itself. The post is not a >> OPMA doesn't care if I were to get like physically if I got a hundred people in the community together. I said I'm going to invite persons ABCD EFG but only those people and I'm going to have a conversation about isqua policy and everyone else is excluded from that meeting. That's not a violation of OPMA. Well, technically if you are just the only council member there and there's not a quorum then it's not a meeting because it has but >> all right >> you know it is a problem if you are friends with other council members and they might be interacting on your post >> right thank you >> all right so first first point use city stuff uh second point avoid forwarding emails to and from your personal accounts when possible. As Rachel said as well, just thinking about the fact that just because you're doing something on your personal email doesn't preclude it from being city record. It doesn't really matter where it's at. It's more about the content. If you're unsure if you should be using city email for something, you can always reach out to us um for some clarification there. But like Rachel said, we would heir on the side of being conservative in um using your city account for things that might be perceived as city business. also um using for note takingaking and just other records you're generating as part of your council work. You all have a city one drive account. Um so we I'd encourage you to you you know I don't know if you are OneNote users but certainly in one drive you can save any type of um file and those are those records are all searchable when we're search doing eiscocovery in Microsoft purview. If you don't know how to use your one drive account or and would like a little refresher on that um let us know. We're happy to show you that. Um, if you're using a third-party tool, which would include a social media system or a or something else, um, if it's something that you need in your role as a council member, let's talk and see if we can get you a license to something. If you're uh generating records in this new uh in this in the social media area on a social media platform, um, we would encourage you to be pro proactive about capturing those records. So, you know, it's easy to think, okay, I I know where all of these posts are. Um, but years down the road, it could become challenging for you to retrieve those. And while we have been fortunate in the last few years to not have a high volume of council focused public records requests, they can come at any time and they can be ownorous. And so, um, we'd encourage you to save content to your one drive account. Again, if you'd like some assistance with knowing how to best preserve um some of your social media content, we're happy to provide some advice. Another best practice would be making content publicly available. So, if something's easily available with no login, we can just point people to the records. We don't have to actually provide them. So, that's something to consider when you're generating content. And then tracking dates. So, if you have a blog or you're on a social media platform, I would strongly suggest making some notes about that time frame. So, if we get a request and you get that Nissan affidavit, you know, you didn't have a Blue Sky account or a Reddit account at the time period that's being um requested. So, this is something we're trying to train staff on as well. With that, I'm going to turn it back over to Rachel. >> Council member Walsh, >> just a question on that. it um if you go back a slide suggested something about um not forwarding emails to and from your personal accounts. If someone did send something city related to a personal account then it does make sense so that we can create the record in our city email. Correct. >> Absolutely. Okay. Yes. >> Thank you. But it would also still be a record in your personal account that you would have to keep. Just a sad aside on that. Okay. Thank you, TA. Legal challenges and penalties. The really fun part of this. So, the public records act is judicially enforced. However, cities can adopt an administrative review process, which is not quite an appeal process, but it's a mechanism for requesters to ask you to reconsider your decision under the public records act or relook at something that they think maybe you got wrong. Is aqua does have that in their policy. Um, but someone doesn't have to use that. So, it's not like other lawsuits where you have to um exhaust your administrative remedies. uh a person who is feels they are agrieved under the public records act can sue and the act is enforced by the courts. The penalties as I mentioned previously they can be very hefty. Uh a court can award penalties up to $100 uh per record per page per day. It's not common. you would you'd have to be um it would have to be a pretty egregious violation to see $100 per page. Uh but it it does happen. The requesttor is also uh entitled to attorney's fees and costs if they prevail. Note that the agency is not entitled to their attorney's fees and costs if they prevail. So unfortunately that's just a cost that we have to bear and um then we would have to bear it for the requesttor if we ended up losing the case. The um court can also review records in camera which means that they you know privately review the records and they can decide whether or not they the exemptions apply and whether or not they should have to be disclosed. There can also outside of the P there can be potential criminal liability for willful destruction or alteration of public records and uh then there there actually it's potential that you could um forfeit your your office if you were to have found to have engaged in that. There's a one-year statute of limitations on P lawsuits and it starts to run from the date that the agency claims the exemption or when we last produced records as our final definitive response. And so we actually put in a little disclaimer that says when this is occurring so that there's no um confusion in court as to whether or not the statute of limitations has begun. Oh, and another thing on the penalties is that um the court can look at aggravating or mitigating factors, and they do the um and I won't go through all of them, but essentially, you know, if you there are factors that make the city look bad, like it looks like you intentionally took too long, you intentionally were messing with a requesttor, you were deleting records, then you're going to see um larger penalties than if there was just a truly inadvertent error or someone just dropped the ball, which does happen from time to time. So, courts tend to try to be a little bit more lenient about that. You want me to just keep going? Yeah. Okay. So, we already talked a lot about retaining public records. They have to be retained in accordance with the local government's uh retention schedule. As Tisha said, your records in particular have a a pretty long retention. Uh it's it's not uncommon for records to have to be reviewed by the archives to decide whether or not to keep them. I'm glad I don't have that job. And if they decide they don't want them, then we can destroy. Or if they've met the retention and there's no review by the archives uh required. If you've ever been to the archives, it's very interesting. It's already really full, so I don't know how they keep all of this stuff, but that's their problem, not ours. All right. Finally, we're going to talk about the Open Public Meetings Act or the OPMA as we like to call it. So, as you're aware, all meetings of the governing body are um must be open to the public and accessible to all. What is the governing body? That's you. That's um or it could be other groups too, but it's the multi-member board committee commission council or other policy or rulemaking body of a public agency or a committee thereof, which um important to note that it does apply to council committees here. And what is a meeting? A meeting is uh means any it's one of those really circular definitions. A meeting means a meeting. A meeting means a meeting where any action is taken. Well, action is very broadly defined under the OPMA to basically mean um any deliberation, any discussion, any decision or uh making a final decision is final action. But just talking about something is a meeting technically under the OPMA. So we already kind of talked about this, but you know, receiving public testimony, things like that, all of these things include these all fall within the broad definition of action under the OPMA. Yes. Council member Derek. >> Yes. So it's like the committee's one is the one where I often have question and concern. So like as part of you know safety services and park in terms of what I can talk about and is it really like with my other council members of anything that could fall into that committee? Is it only stuff that might be on an agenda? It's like I'm not quite sure what we can talk about with that specific committee since that's only two of us and suddenly that could be a quorum. You're right that that does pose a really tricky thing. I would say that at the very least don't talk about anything that you know is going to be discussed in the committee. Um it's kind of an air on the side of caution thing there. I think that obviously if something comes up, you know, weeks, months down the road and you happen to talk about that, I I don't think we're talking about serious risk there. But um no like it it it does make it difficult for a committee to operate because I think you know it would be great if you know two members of the committee could sit around and talk together about what should what we should bring forward to the committee. What are topics to add? And unfortunately that's just those are conversations that just should be held in a committee meeting because otherwise I think you're potentially you know we treat our committees as subject to the OPMA and that means that if you know a quorum of of that committee is two people so it is better to air on the side of caution and have those conversations publicly but I do know that it's hard and you know really does pose some logistical challenges to the functioning of the committees. Um, a meeting can be t over email. A meeting can be out in the parking lot after a regular city council meeting if you're continuing to talk about city business. If you're talking about, you know, your kids and personal things, not a meeting. But once again, if you were talking about uh matters that are effect of to that are related to your role as a council member, it's probably a meeting. >> Deputy President Chen, >> Council President Marts, >> people confuse us all the time. So, um I just for the newer council members, I just want to provide a little context on the subject of of committees. Um, this was a this was a thing that we really went back and forth before any of you um well well Russell was off council and before I think any of you except uh Lindsay uh the we went through a phase where we didn't have committees right and we had you know fiveour committees in the whole and we had all seven of us digging into every issue and so this you know if the the the challenges associated what what you are hearing is the real challenges is associated with committees and it's why we tried going away from committees for a while. And if it feels awkward um in and and you feel hamstrung at all by have by how things have to work, just recognize that this is the lesser of two evils. The large larger of two evil was was having five hour cows every month. So thanks. Now, we're going to talk about serial meetings because when you're talking about the OPMA, I think it's really important to talk about them because I think they're probably the biggest source of inadvertent uh OPMA violations. So, what is a serial meeting? It's a meeting that occurs when a majority of the governing body has a series of smaller gatherings amongst themselves or communications um that ends up resulting in a majority of the governing body taking action which once again can just be discussion or deliberation um even if the majority isn't actually ever a part of this communication. So it can it can um occur, you know, by forwarding emails around or just by playing games of telephone where a couple people talk to someone or talk to each other and then someone calls another person and says, "Oh, so and so and I talked about this and what do you think of this?" There's multiple ways that it can occur. It does require the collective intent to meet. Um, so you know it's it there is there does have to be some sort of measure of intent there. However, as you probably you know you saw my email communication regarding the Burian case last week. Um that collective in you know you council members can potentially you know submit declarations to the court saying they didn't have the collective intent to meet and it could be potentially found that they they did. So there still is a risk there. passive receipt of information is not a violation, which is why the council is able to be copied on, you know, emails that the um council president and deputy council president send out to the community. Um as long as, you know, it's just important that people aren't replying all and having a conversation there. But um that's that's okay. executive sessions. Uh, as you know, the the OPMA has several or exceptions to it and the the main one is for executive sessions or closed sessions, which are technically a little bit different, but we won't get into that. But, um, executive sessions can only be held for the limited purposes that are set forth in statute. Obviously, uh, pending or potential litigation is a really common one. also real estate acquisitions or sales. Executive sessions um may only occur if the before the executive session the presiding officer announces the purpose of and the time the executive session um is going to be over and then the discussion can take place behind closed doors. But then any decisions have to take place in the public meeting and of course we can't vote or use secret ballots. So what is the test for an OPMA violation? So it occurs when a majority of the body meets with the collective intent to transact official business and once again business you know is it's a broad definition here. Um and during the meeting the council members take action which is also of course um broadly defined. So, what happens if someone violates the OPMA? The penalties, the court can impose $500 civil penalties. Those are a personal liability. That's against each council person that is found to have committed a violation. If there are subsequent violations, the civil penalty increases to $1,000. The court will also award costs and attorneys fees to a successful party. Um, and that's I mean a successful challenger. Once again, this is another one where the city does not get its attorney's fees generally for these. Uh, but that I would say that's the the biggest source of risk for the city at least as an entity. Um, because those attorneys fees can be really costly. Not that $500 or $1,000 isn't also costly, but it's not 20,000 or $50,000. So, it's less than that. They can also find that the action is declared null and void. Um, but we we've see cases where folks sue even when there was no action to be declared null and void. You know, they just sort of on principle want to say that there was a violation and they can do that and the um court can award them their attorney's fees for that. Come on. Now, we're going to talk just briefly about best uh practices for not violating the OPMA. Meet more frequently. Use the committee system like we have here even though it is sort of limited and uh so that you don't have to have you know cows as frequently. Use the city administrator or another staff person to filter your information or questions through. Don't discuss uh city business with more than two other council members outside of a open meeting. And of course, be more careful when it's a committee. Uh don't discuss really committee business with other members of the same committee outside of a committee meeting. Uh and if you have discussed something as a group of three, just all three of you be cognizant about that and don't go talking to a fourth person about the same thing because that can be an issue there too. And when in doubt, discuss it in a public meeting. Be careful with executive sessions. This is why we stay on topic. We don't overuse them. They have these like the P exemptions have to be narrowly construed. So, um, you know, that's why we have to be kind of careful and we can't talk about everything related to a real estate acquisition, only certain things. Don't uh dis make sure that you discuss matters publicly after the executive session prior to voting. So, it makes it clear to the public that you weren't making a decision in the executive session. And then, of course, don't discuss what happened in uh an executive session with anyone else outside of that executive session because um it's illegal to disclose this type of confidential information that you obtain as a part of your role at in your position. And there's actually a $500 penalty and the potential for forfeite of office for that. Council President Martz. >> So this um Can can you go back? >> Yes. >> Um so this um confident So we're going to have a conversation later as part of rules of procedure about confidential information. Does RCW42.23.070 section 4 define confidential information? >> No, it does not. H >> so we have to sort of it's a good question of is is anything that you discuss in executive session confidential. This does come up from time to time. I would say the fact that you discussed it in the executive session is confidential. So you wouldn't want to say we discussed XYZ in the in an executive session. you wouldn't want to tell that to to a public member of the public. However, if X was something that is public information, you're not suddenly then procluded from sharing that information. You just wouldn't want to tell the person that you just were discussing that in the executive session. Does that make sense? >> Does RCW42.23070 cover only executive sessions? No, I' I'd actually that one that's let me look at that one really fast. That is does look like it's within the OPMA >> conversation we're going to have later. >> There are generally I do think that No, this is within the code. Yeah, this is this covers everything. This is not within that. This is just it's it's actually part of the code of ethics for municipal officers. And so this would uh apply to like an email. If I send you a privileged email, you can't you are putting yourself at risk of forfeite of office if you share that with publicly. So any confidential information that you obtain as a >> Okay. >> Part of your role. >> I'm going to I'm going to come back to this topic later. >> Absolutely. >> Thank you. Um, avoid situations that can uh present an appearance of an OPMA violation. Texting during meetings is one of those. Uh, the people can see you kind of, you know, on your phone leaning over doing that from time to time. Your situation up here is a little bit better than some of the dases that I've seen before. But um I've I've sat in meetings where I saw the governing body text each other and it was very obvious they were texting each other during the meeting and it did result in um some distrust in the community. So that's something that's just something to be careful of. And obviously even if you're texting other people, no one knows who you're texting and people can be, you know, they can kind of make bad assumptions. So be careful about that. Um, just remember that your text messages are regarding the city business are open to disclosure. So, just be careful what you put in text. Be careful when you're using social media. Um, make sure that you, like we talked about previously, if you are posting, um, make sure that you are watching the comments and making sure that four council members aren't engaging in a discussion. you you just have to be kind of more mindful of those those things. I've seen other agencies have really complicated procedures for that like having a social media ombbudsman who's the only person who's designated to respond in comment strings and things like that. I don't think you necessarily need to do anything like that but you know you just have to be kind of mindful that you're not having multiple people engage in a conversation online. There's some additional resources that you'll have in your packet if you need them. And I think with that, that's it. Anyone has any questions? Otherwise, we'll move on. >> I think we asked them as we went. Oh, Council Ral. >> I don't have any questions. I would just say as someone who came on council before we had city cell phones and had to deal with a public records request on our personal phones and personal emails. Uh thank you very much for having us trained and getting us the resources so that we don't have to do that other than in very rare cases. Thank you. Well, we just wait until they ask for your data with with for the the uh records in native format with metadata. Then that becomes a real nightmare if it's on your personal device. So yes, good word of caution. Okay, I think this takes us to agenda bill 9137, amendments, council rules of procedure. And we're going to have our city clerk, Tesha, come back up. All right, Tisha Geyser, city clerk. I'm going to make this real quick and then um turn it over to the committee to talk further. Um but I am speaking to AB 9137 amendments to council rules of procedure. Trying to There we go. Okay. Okay. So, uh, at your February 23rd council meeting, there were 23 proposed review areas to the council rules, and the council decided wisely, um, to appoint an ad hoc committee to take a look at those areas. Uh, council council president D. Michelle at the time had been appointed to the committee, but ultimately the committee membership was council members Walsh as chair and Nichols and Joe. Uh, the committee was tasked with making recommendations on amendments to the rules in time for this meeting. And I say the committee was timely in their reporting. So the committee met uh four times starting on March 24th ending last Tuesday. Um the majority the committee did request the first meeting was not in a in an open forum and the committee did request that the remainder of the meetings be held in an open space and the materials be uh publicly available. Uh the committee reviewed those 23 review areas that were included in the February 23 packet and then added uh five additional review areas. A few of those were staff motivated, a few of those were committee motivated. Those additions were included in your packet but were special meetings, virtual attendance, confidentiality, use of staff time and correspondence. So the uh committee recommended uh many changes throughout the rules, many of which were fairly minor. These are the eight areas uh the committee felt it would be useful to uh briefly cover these items with the council. So I'm going to walk through these pretty quickly here. So the first one regarding standing committee appointments um the council committees as council president Mart stated were reinstated in 2022 and in the years 2023 24 and 25 the council waved this struck out provision in the council rules and appointed in all those cases the deputy council president to two committees which was precluded in the rules. And so the committee recommended removing that sentence which the effect of that is that um the three committee chairs can only serve on one committee but if this is removed the other four council members including council leadership could serve on two committees. >> Council President Mart. >> Yeah. Could the folks on the committee explain a little bit why they wanted to uh change this policy? >> Yeah. Um, I brought this up uh because as council president um previously it was often very difficult based on council members schedules to find a way to make this work and so we wanted to provide the flexibility. I think it's still a best practice to try and distribute that out. Um but we felt that both it gives the flexibility and by the fact that we had had to make the adjustment uh three years in a row that it was a needed um bit of flexibility. >> Thank you. I appal comments. Um, >> this council has been kind of boxing above their weight in terms of committee commitments at SCA or other regional committees as well. And we're finding that because we're doing so much outside of Isiqua itself to balance the workload, often times it's important to have more people on the bench, so to speak, fill those spots for our internal committees. So this allows the flexibility to do that outside work and still have a robust uh bench to fill the committees here internally. >> Thank you. I appreciate that uh explanation. >> The next item is virtual attendance. Uh the committee is recommending more increasing the flexibility for attending virtually. This policy was added when the council came back in person following uh COVID and I think it does make sense that it would be looked at again a few years down the road. So the changes so there's these two classifications of why you might attend virtually if it's for medical reasons. There weren't uh really changes there. There might have been a little softening of the language but there's no restriction on the number of meetings you can attend virtually. No approval needed. Um, what the committee requested changes to is if you're attending virtually for another reason, they wanted to change it from requiring approval of the council president to just notifying the council president. And then there had been a limit of four meetings per year by which a council member could attend virtually for non-medical reasons. They wanted to increase that to five and then add a process if a council member uh wanted to attend or or needed to attend more than five council meetings a year virtually whereby they could request it from council leadership and council leadership would provide sort of approval in writing. Council member Boyd, >> more of a comment and I'm not supposed to really make that should be a question, but I just uh as someone who commutes during a particular season uh of the year for my day job, I sincerely appreciate this proposed switch. All right, the next section is confidentiality. Um this was something that was brought forward by the administration. So the council rules do talk about uh council members responsibility to maintain information confidentiality confidential in the context of executive sessions. But there wasn't anything more in the rules about other information the council might be receiving such as Rachel said related by email attorney client priv privilege information about active police investigations. Um information you might be provided in advance of an executive session in writing by phone. Um and so there is a section in the proposed rules. This is just one excerpt. There is more there. Um the committee had uh there was a minority report on on this item and the council member council member um may want to speak to that. Um, but there was some concern that there could be some subjectivity here and there was a sentence that was added basically saying the administration needs to be responsible to identify to the council members when they're conveying something that needs to remain confidential. Um, so that you know um so that language was added but there was um still some disagreement on this point. >> Council President Marts. So, so I've I've looked at section 311 and it specifically talks about information that's exempt from disclosure under the public records act. So my question for the administration is uh do is there anticipated I mean I I guess I want confirmation that that is the definition that we're going to use on confidential information especially after hearing tonight that the penalty for sharing confidential information is potential uh you know relinquishing of office. So that's how it's worded here. If if we get two weeks into it and the administration says they have some information that they consider confidential, but it doesn't uh meet the exemption from the public records act, um then then then we're not in compliance with what's in section 311. So I think it's important. So I just want to ask um is that the administration's understanding? because that's how it's written in 311. And it's fine if that's what it is. But if it's then what the administration decides is confidential and it's not um exempted by the uh public records act, then we have a problem. I'm looking at Wally or Rachel to see who wants to take the first. I think that's a pretty safe and broad enough definition of confidential to meet everything that we would want to keep confidential. I feel pretty comfortable with it. I'm sitting here and I can't think of anything that wouldn't fall within that. Once again, my only caution would be, you know, to the extent it's executive session, just don't talk about what you talked about there, period. Even if it there's a little, you know, non-confidential information scattered within it. But um no, as far as a definition goes, this should cover everything. It's going to cover attorney client privilege. It's going to cover work product. It's going to cover all sorts of sensitive information about people in the city. So, I think we should be good. >> Thank you, Council Walsh. If that isn't our interpretation of that, is it possible to change that chapter number from 46.56 to the actual portion in there that um defines exemption or confidentiality because that is a big honken chapter. >> I mean there's literally like hundreds of exemptions under the public records act. So I don't think there's any way to site them all. >> Okay. >> Council member Dair. >> Uh so yeah, my question with this uh section is like I read it as that essentially if you know we're talking to city staff and a city just tells us this is confidential, it just becomes confidential and we're not allowed to relay that. which to me then makes me just wonder it's like if the city just feels something is embarrassing and it just doesn't want it out and it tells us it's confidential, we now can't talk about it anymore. And so I'm curious if there is any kind of if one if I'm misunderstanding that that it really is only very specific things or how this confidentiality is decided from the administration for us of what we're allowed or not allowed to say. I would say from the administration's perspective here that we would be we would only be telling you to keep information confidential to the extent that it is ex essentially something that would be exempt from public disclosure. That's been our background conversation here is that if you know we want you to have information you know and we'll even give you all of this information but if something is if something is not information that we would release to just anybody our I think the intent of this section is that we would indicate that you know in our communication to you and why >> and and I think the practical application is it's almost easier for to share just the entire email with all the information cuz to create the public records version takes a fair amount of staff time to redact. And so I think our initial response and open transparency is to try to just share but then I think any council member does have the option of saying well I do want to be able to share this information so please give me the redacted version and and so I think that's kind of I think the vision of how it would play out. Correct. And you know just also just something to keep in mind just to make yourself feel better here on this point. A court would never if we said well this is confidential just because it's you know embarrassing. A court would not be using our definition of confidential when they when they were deciding whether or not to assess you a $500 penalty for disclosing confidential information. And for you know you would there would have to be a legal basis for us to consider it confidential for the purposes of that >> council Walsh. So if the concept is that information can be provided to us that might be confidential but if we wanted to request it we could get a redacted version. Does that isn't mentioned in here. um that isn't uh referenced as a a concept or a solution and what then makes something not confidential. So I'm still having a hard time with that. I mean, I would think like it's and correct me if I'm saying this wrong, but I think you as a council member can request information. We you would get two versions. You would get like the one that you would get. It's just an Isqua resident, which would be what is how you release your public records with redactions to honor all the stuff. you as a council member, the way our administration is pursuing it is is willing to give you all the information but then say this is confidential. So now you might know names of people who specifically I think to Rachel's point can say like I consider myself a victim of this situation. I do not want my name released. And so now their name is sacred through public records. It does not it cannot be released through public records. you as a council member in our current situation is we are sharing that name, but then we're putting the disclaimer like we're giving you confident confidential information cuz this person said they were a victim in this situation and because they said that we're not allowed through any public records request to reveal their name because they have that right. And so I think that's >> and I get that. I guess I coming from the rules ad hoc, uh, one of the points we were trying to create is clarity that both someone who reads these rules maybe as a future council member can understand how they handle confidential information and what the remedy might be for a situation. So, we did try and put in there, you know, something related to, hey, if you disagree, this is how. But I think that additional information, I guess I'm I would ask um our city clerk, is that an adjustment that we could potentially make in order to reference um a possible way to address the receipt of confidential information that we still feels bears information that could go out to the public. I'm sure we could come up with some language to achieve what you're um talking about. And you know, it's always um an interesting balance with the rules kind of figuring out what level of detail to include. Um so yes, if the body would like to have some language explaining how council member might approach I from my understanding, a lot of this is really about timing and you're getting information early in some cases. So, Wally, do you have anything to add? >> You know, we'd be happy. I I would just hesitate to do this on the floor tonight. So, if this is something you'd like us to continue working on, we can take that as a to-do. We can can finish the presentation if there's anything else and then bring this back. I mean, we would like to wrap this up, but there's no great urgency if it takes another meeting to do that. So, we'll be happy to work through some language and come back at a future meeting. All right. Oh, >> council member Nichols. >> Uh, go back for a second. So, yeah, I thought it'd be useful just so I was the dissenting council member on this one. So, I wanted to give the my rationale for that. And it's it's not on on the face of this. I think this is a very reasonable part of any rules. There's often times confidential information that will come up. Um my concern was that as on is on part um related to what council member Walsh brought up about um it if if we're going to add this in there we should have it should be complete in a sense that it should also give some advice to people of how to respond in certain situations and part of that is because this is this is truly a hypothetical. I think we have a a good um situation at the moment where we are able to share confidential information and that seems to be working fine. Um I did ask the question if there was that this had ever been a problem and there weren't any examples given of this being a problem with the council. So I think if we knowing that it is purely a hypothetical um the utility of this becomes in guidance for future council members to understand here's some norms written down a little more explicitly as well as here's some expectations for or our expectations of the administration in terms of what paths are available when there is a disagreement or some sort of pathway to have this not be the the final um act so to speak that ends with a reference to bindings and removal from office. So um I I would also I I would say I would prefer to to strike this for the moment come back to it. I think it's something that is reasonable to have in there in some way, but to slightly clarify um both escalation pathways if we do disagree with something as well as an understanding that public records are always requestable by anybody and they should understand that and it's it's also something you can do as a council member as well. And I would say just as a I mean my plan was to give council member Walsh as the chair of the committee a chance to kind of explain the committee recommendations. And so why don't we get into those nuances, but let's try to get through the rem of this presentation and then I think I'm going to turn it over to council member Walsh as the chair to kind of share comments and then I think we can have council discussion. >> Okay. All right. So the next uh policy much more benign, travel and meals. Uh council basically has a really old resolution that got a bit lost there for a while from 2008. So uh the committee recommended uh repealing the resolution, moving the council's expenditure policy into the rules and made some changes. There used to have to be council president approval if you were going to spend over $250 on travel or training. The committee recommended increasing or just going with a $500 threshold, which uh is also consistent with the past policy. The $500 threshold would require uh council approval under good of the order at a council meeting. And in other regards, the council would be looking to the city's internal uh travel and meals policy for the nuances of travel and pdium and reimbursement and all of those things. The social media policy we covered in the uh training earlier, so I wasn't planning to discuss that uh further. Uh the committee spent a lot of time talking through the new business process. Uh the new business process has been used a few times recently and it does have multiple steps uh three steps before an item gets added to the planning calendar. the committee discussed what has emerged as a bit of a um practice which is for items in recently and actually looking in the past I've saw a few examples of for example a resolution supporting a ballot measure. Um council uh member Walsh brought one up where uh she had an intention to amend a resolution the council had previously adopted. Um, in these cases, council members made a motion under good of the order and these items got put on uh typically was the next meeting agenda. And so the committee agreed to enshrine that process and distinguished those items as um not requiring significant staff time. So they're things that really are council um motivated and led. And then uh they also took a look at the uh current new business process which requires the form introduction by a council member then another meeting for the staff response and they wanted to compress that and so they basically compra recommend compressing that council member introduction with the staff response and that happening at one meeting. And then they wanted to reduce the overall threshold to add new items to the planning calendar and subsequent agendas to three council members instead of currently it takes a majority of the council and that's just a majority of the members present. Uh the next change uh was recommended by uh staff. The council rules uh currently say that if you abstain from voting it counts as a yes vote. That is not a common understanding of what an abstension is. Typically abstaining is not voting. So we recommend uh changing that. Um but council members intending to abstain, you do need to say something because we do voice votes here. It's really difficult to know if someone abstains. So you under discussion would clarify that. A reason you might choose to abstain. Abstensions are strongly discouraged in the municipal code and in the rules still. But a reason you might choose to abstain is if you have a perceived conflict of interest, but it's not significant enough to be a full-fledged conflict of interest, but you just can't get comfortable voting. That might be a reason you choose to do that. Another change to this section was currently the rules say that a majority of the council has to agree that you not vote if you have a legitimate conflict of interest, which was just confusing. So, if you have spoken with the city attorney and understand you truly have a conflict of interest under state law, we do not want you voting and the rules would say that you would actually leave the room for that portion of the meeting. Um the last change and this actually was a no change but it was something that there was some attention on before the um committee met. though uh we thought it warranted mentioning is the committee did discuss for some amount of time this concept of a potential audit committee or financial committee and ultimately felt comfortable with the council's existing processes of designating one to two council members to participate in the city's annual audit entrance and exit meetings with the state auditors and using the committee of the whole meetings and the retreats to kind of discussing those bigger financial picture issues. Um so ultimately in your rules you do not see um any kind of new committee being formed as was that idea had been tossed out um last year. So uh again thank you to the ad hoc rules committee again four meetings a lot of review a lot of thoughtful um review and consideration of these ideas. Um there are some proposed amendments in your packet and I'll turn it over to you mayor. Thank you. >> Okay. I'm going to turn it over to council member Walsh. Oh. Oh council president Marts first. Can um uh clerk Geyser, can you mention one topic you did not cover uh was around rules for public participation and it there were some changes there pro proposed changes. >> Thank you. Yeah, there were some proposed changes there and that was really to better clarify the rules had some language that the city attorney and I both felt mildly uncomfortable with because it implied that the chair could um remove someone from the chamber or cut them off um because they had sort of dispar disparaging comments and weren't having what we might consider appropriate conduct. But uh we know um that first amendment protections are strong and actually the recommendation is and and we've had this experience here where unfortunately we've had to listen to some pretty um terrible public comment but unfortunately um we feel that it's uh in the agency's best interest to go ahead and and endure um the public comment. So it it draws a bit more of a line between just saying something that might not be appropriate versus truly disrupting the meeting in which case if someone is truly allow preventing the council from moving through their meeting in those cases we could have someone removed legitimately. >> Yeah. My eye actually caught a little bit different part of it. It was an addition that said um and to set an overall maximum duration for the public comment period. Maximum duration is set. Efforts will be made to ensure there is equal opportunity for individuals to speak in support of and opposition to an issue. >> Sorry, thank you. Um, yes. So, that was another uh recommendation. So, the council has a limit of 5 minutes of public comment and there is some discretion by the presiding officer, but there's nothing in the rules saying that there can be any cap put on public comment. I think not in the real recent past, but the council has seen some issues come here where the room is full and we have 50 people wanting to make public comments. And so this was recommended to the suggested to the committee as a potential tool to be used sparingly and thoughtfully, but to if the council has a busy agenda to allow some parameter to put in place. Maybe it's two hours of public comment. Um, so that's why the addition was suggested. Committee members might have other thoughts, but that was the administration's thought. >> I would love to know what the committee thought about that. >> Well, Council Member Walsh, this leads to a good segue. Go ahead. >> Um, this was a staff recommendation and we did mention that it was important to make sure that we were hearing um from um both sides of an issue and not just necessarily in the order um at which people signed up. So that that could not be used to silence a group um and that it be used uh sparingly but that um it was a tool that we were comfortable adding into our rules. >> Thank you. >> Council Robert Nichols. >> Yeah. And just to to second that, um I think sparing is a the the key word and if it ever became a problem, I think we would want to address that perhaps immediately even at that same meeting we could. Um the uh to be take effect the next meeting perhaps. But the um the the thought here is that there there are going and um some regional board meetings come to mind where there are you know 100 people that have signed up. something that happens frequently at those is just to reduce the total amount of time people have to speak individually so everybody can still speak um but overall compressed to a more reasonable amount of time uh and I I think there there is also looking at that charitably there is a public benefit to that in some sense and that people have busy lives and if they if they want to make their comment but they've got to wait four hours that's also somewhat problematic. Um, I don't that that's there's a there's a very careful balance that has to be struck there and I would generally much rather weigh on the side of increase public participation whenever possible. But as long as we were reviewing this rule, I was okay with giving the chair some additional flexibility to be used very sparingly um and have that be a part of our culture that it would be very sparing as well. >> Thank you. And council member Walsh, did you want to give a broader macro kind of explanation or do you feel comfortable that everyone has it based on the presentation >> uh with just everything that we did? >> Yeah. >> Yeah. No, I I wrote down just a few um comments in that, you know, there were three of us tasked with this um initial scope was six primary areas, four minor. When we got started, there were five additional items, three added by staff, two by committee members. So, 28 total areas of review. Um, we did end up uh first of all moving our meetings to a public location, which we thought was great. Um, and providing online access. We did have two members of the community who did end up joining us for one of the meetings and so that was great as well. Um, I think Tisha did a wonderful job just covering um, all of the pieces. I will add in there along with the new business request process, there was a request from uh, staff on council member use of staff time. And we did decline to pursue limits on um use of staff time believing that it's both our job to provide oversight um but also that staff already has the tools that they need to provide the limitations so that we are not taking over um the um staff time that we've already allocated via budget and pieces of that. Um the new business request item really came to us because it had been very rarely used um in the previous um council. And so we wanted to make sure that we reviewed and reduced barriers there. And I think we accomplished that both in creating a single touch um item for minimal staff time and uh reducing the number of touches for larger non uh new business request items and reducing the vote threshold from a majority to three council members. that ensures that something that is of interest but we don't have the full information on yet um if it's of interest to at least three council members it can then go onto a planning calendar in a future agenda. It does not require the interest of a majority of the council in order to hear um all of the information related to that. Um, and then as we've touched upon here, the confidentiality was really the only area where we had a minority opinion. Um, and Council Member Nichols has spoken to that a bit. Um, but overall it was a very successful committee and I will just note that after we do the approval, the committee will be disbanded until there is any future use. And we have tended to do this every year or two just as items have come up over time. >> Council member Joe, thank you. I'd like to thank uh Council Member Walsh for her leadership during this this process. Uh the meetings were uh robust and the conversation was lively. Uh just one thing for council to keep in mind is these are rules that we're setting to kind of manage our own behavior and our conduct. However, uh always keep in mind that these rules may be suspended by a majority vote when situations arise that may be unusual or may uh require us to take extraordinary action or um you know to to address a specific situation. So, while these are rules that we're agreeing to all abide by, um they're by no means a straight jacket. They're just a guideline for us and then we can suspend the rules if the situation should arise. Um and the flexibility is still there for us to address situations that I think our citizens would want us to address in either an emergency situation or a situation with some um expediency required. So, just please keep that in mind as we're approving these or considering these this evening. Thank you. Council member Nichols, >> very briefly at the high level. Yes, I also want to thank our chair. Uh thank my fellow committee members overall. Uh I agree we had some good discussions and uh also thank you to the staff. Uh I appreciate this is a lot of work um with many many many red lines um to get through a very long document and condense those opinions both from the the council and the staff into a a good overall compromise. So thank you. Can I ask uh is there are we going to do a motion and then do amendments? Is you said that you mentioned amendments I guess or >> Yes. Yeah. The uh you you could do that and also as Wally shared if there was the desire to add some more thoughtful language that might be difficult to come up with at this time the item could also be postponed and language could be brought back at a subsequent meeting. >> Got it. So, council member Nichols >> question. Um, would it be advisable to accept to to strike one session with an understanding that that might be brought forward and otherwise vote on this as is or would it be better to bring it back in its entirety later? given the the extensive nature of the revisions, probably just be good to have one revised copy of this versus adopt this and then revise it in two weeks. So, we could come back uh as early as the 18th of May. The city clerk won't be here. Um the next regular meeting after that is this June 1st. So, I look to the chair of the committee if you have a preference. Yeah, I think I am interested uh and I think I've heard from several council members here on the dis that um postponing is potentially a good idea. Uh were you just suggesting June 1st >> just so we have adequate staff support? June 1st might be appropriate. Yeah, I if somebody is out of town that would provide uh staff support, we I think are perfectly fine to wait on that. >> So, we'd recommend June 1st then. >> June 1st. If you'd like to get it done tonight, I do have some language that I can offer for your consideration. >> I think the administration would appreciate the council's generosity to give us some extra time. >> Yeah. So, do we need to make a motion to table or >> um >> date certain? >> There there's not a motion pending right now. So, I think it's fine if we're hearing that there's no objection to bring this item back at the June 1st meeting with some suggested revisions to the confidentiality section to talk about remedies to providing redacted information. There's not an objection to that. We can just proceed. >> Okay. >> So, I have a question um for clerk geyser. First of all, I I I just I even though we don't have a motion in front of us, I want to thank you, Clerk Geyser. I I did this last time we we did this update and your leadership on this is great and the materials today. There's a like it was extremely well put together and extremely easy for me sitting on an airplane flying over Minnesota um to understand as as I was reading this. But I do have a question. If a council member wanted to consider potential amendment language um on the first, would you like to know that now? Okay. So, I I will be suggesting on the first that we strike this new language and to set an overall maximum duration for the public comment period. If a maximum duration is set, efforts will be made to ensure there is equal opportunity for individuals to speak in support of and opposition to an issue. So, I will be proposing that amendment on the first, just so you know. I like it. Okay. Uh >> we don't have to de we we can't can't debate it now, but I wanted you to know that that's something I will be suggesting. >> Okay. So, this one's coming back on June 1st. So, this will take us to committee and regional reports and we're going to start with council member Boyd. >> Um no report. I am not on any yet. So, I think this is maybe next time >> you get the brevity award. Council member Adair. >> Uh, I just have that tomorrow, May 5th at 6:30 is the services, safety, and parks committee meeting here where the agenda items are equity goals and evaluation and an update on the potential park bond renewal. >> All right, Council Member Nichols. >> Okay. Uh, I'd like to note that the East Side Transportation Partnership uh will be meeting this Friday, May 8th, at 8 a.m. I will be the sole representative for the city on what is normally a very wellrepresented committee u by Isqua. Uh in that meeting, we will be discussing a letter of support for the four line uh with a vote u scheduled. Uh this is a letter that our vice chair has been working on with several other members of the committee to, as the title of the letter says, express the East Side Transportation Partnership's broad support for the four line. Uh we will also be receiving a report out on the FIFA men's World Cup transportation panel. Um which I hope to get some uh good information back on what to expect. Um and uh we'll report out after that. >> Can we submit the four-line letter on purple card stock? >> Uh I can I can try to make that motion and see how the what the body's uh opinion is. >> Okay. Council member Joe. >> Thank you. Uh Cascade Water Alliance will be holding a special meeting on tomorrow, May 5th. Um I believe you're attending mayor uh concerning a personnel matter. Um the mobility and infrastructure committee will be meeting on May 12th at 2:30 May 12th. Um we'll be looking at the amendments to the street standards for utility facilities and a transportation improvement update. Um in the monthly report for Cascade, I apologize for jumping around. They didn't indicate uh that that report will be sent out to you, but in the outreach report, I would just note that they did report that 409 people visited the Cascade Water Alliance booth at the recent Isiqua Sustainability Fair on April 26. So, they are out in the community. They're out in in Isiqua um doing outreach for us. So, just a note when you review that report, it should be coming to you in the next day or so. May 15th, uh we'll have a chamber board liaison meeting. Uh, Wally, uh, Bob Quitz and I will be attending that to keep the chamber informed on what the city is doing. That concludes my report. Thank you. >> Excellent. Council member Walsh. >> Thank you. Uh, the rules ad hawk met. I'm not going to give you a summary of that because we just did. Uh, the planning development environment committee. Our meeting that was supposed to be tomorrow has been moved to May 19th as a um change with SSP. Our agenda includes review of a goal and outcomes chart for our housing work. Um plus our progress on code amendments thus far. Uh east side fire and rescue still big topics. Um we meet May 14th. The agenda includes a presentation from Puet Sound Fire Authority um their chief. Um and so we are hearing because they went through the process of starting a regional fire authority 15 years ago and they are just now adding the um fire district around Maple Valley. They're also of similar size to East Side Fire and Rescue and um when they include uh Maple Valley, they will butt up to us. So they will be one of a few potential uh fire authorities that we could um they could annex us as a potential um and then we will get the remainder of our presentation on possible funding models. So just to be very clear on an update, we are hoping to get feedback from uh the board at our June meeting about whether the idea of pursuing a planning committee to pursue the idea of a regional fire authority is something we want to go for. If so, the next step after that June meeting would be for the chief to contact all of the cities and districts and schedule a meeting with each of those councils because in order to take that next official step to create a planning committee, we need to write a letter to all of the other municipalities and organizations um that would potentially be merging together um in order to invite them into a planning committee. That would also require us to appoint three elected officials from our organization into that. So if we are talking about nine different organizations, that would potentially be a lovely planning committee of 27 members, which is not going to make anything easier. Um, but that planning committee would potentially take a year to two years to do all of the work of what levy should we set, what fire benefit charge, what should be the governance model, who should be represented on the future board, all of those things. So, giving you a sense that this will potentially come back to council in September to ask for that. um letter to start a planning committee. I am more than happy to brief anyone, talk to you all. I just know this is a big thing. Finally, the King County uh affordable housing committee meets this Thursday at 3:30 p.m. virtually. The agenda includes revisions to our 2026 work plan, feedback on the five-year action plan, and an update on our dashboard data. health president words. >> So I I have a question about the epher. So when when do we know when we're going to know when we're going to make a decision? >> So the hope is that the the east side fire and rescue board of directors will have all of the information they need by June to figure out if this is ready to go to the cities. >> Okay. If all of the nine cities and fire districts agree and write a letter and appoint people, that would start a planning committee. The planning committee would then go through all of this full process and that would potentially take a while. And so I think at this point we are looking at like a 2028 potential for an election. So we as a body have an option opportunity this summer to uh impact that trajectory and then that's kind of it. Then it >> and then it would be up to the three elected officials from Isiqua to represent our views on that planning committee and come back and provide updates on what it is. you know, maybe get feedback from council. I'm sure we can provide, you know, regular updates and a sense of the big decision points so that we can make sure, much like you do for pick, if there's a decision coming up, we want to make sure that council agrees with those ideas and can then bring that back to the planning committee. So, so it would be essentially the train would leave the station this summer. >> The Okay. So, the train would potentially leave the station on creating a planning committee. A planning committee at any point can be dissolved by any of the members by writing a letter >> any of the members. So, it's a unanimous decision. Uh, I believe any of the members can choose to leave, but that would bring in all these questions about how do we fund East Side Fire and Rescue if eight of the members were to continue with a regional fire authority and one decided not to. That will be also a topic of conversation amongst the planning committee because we would need to also determine how someone leaves a regional fire authority once it was created. There are a lot a lot of decision points and conversations. Um I guess what I would say from a starting point is East Side Fire and Rescue is way ahead of the times in that we created a regional fire organization before such a thing existed at the state level. And so this regional fire authority is something that the state created because there was a need for regionalization here and it gave us some funding levers that we cannot currently take advantage of. But it does come with a lot of decision-m >> I'm just trying to understand where the gates are. Yes. Like I realize it's a complicated decision and we need a lot more data and all that kind of stuff. I'm just trying to understand where the decision points are where we get to say yes or no. Understanding that a no can get complicated if we get very far down the process. >> Yeah. And I will bring that feedback back to the chief in that we need to be very clear when he is doing those presentations in September where the gates are and what the opportunities of each of our organizations is to provide feedback throughout the process. >> Thank you. I appreciate that. >> Yeah. Deputy President Jen. >> Great. Okay, two updates for me. Um, so the King County Flood Control District Advisory Committee uh had our first meeting of the year on Friday, April 24th. We discussed the flood control district budgets and the process for projects to move from proposed to prioritized to funded to implementation. Notably, there is an additional $40 million in spending allocated to help with recovery from the major floods that happened in December 2025. And also, you know, there's kind of a discussion on just budgeting for the flood control district in general. Um, the flood control district is quite underfunded relative to the need. Basically, they're like, if we implemented all the projects that people have applied for, we would have a balance of negative $200 million. Um, and I I mean, just given where we're trending with the climate, I think the need for that will continue to increase. So, we'll be interesting to see how that goes. The other uh very interesting meeting that I attended that day was the King County Regional Homelessness Authority governing board meeting. Um we met in person at the Seattle Library and we had to move to a different room to have space for the members of the media that were there with us. Um which was very interesting. So uh as you may have heard, we reviewed the results of a forensic audit. Um an accountant from Clark Newer, which is an accounting firm based out of Belleview spoke with us. You may have read about this in the news. If you have any questions, feel free to reach out to me directly. Um, but basically the main action that was taken in that meeting was creating a finance committee to provide oversight as well as institute a hiring freeze unless specific exemptions are granted by the finance committee. I will be the representative from Sound Cities Association on this finance committee along with two representatives from Seattle, two representatives from King County, and one lived experience representative. So, more to come on that. That concludes my report. >> Council President Mart, >> how can I follow that? Um there is an upcoming SCA pick meet Sun Cities Association Public Issues Committee meeting Wednesday, May 13th. Uh it's relatively juicy, not that juicy, but um we're going to have a discussion on a potential affordable housing regional initiative. Uh we're going to so a start point, but no no um uh no action anticipated. Uh there is an action anticipated on the 2027 proposed sewer rate response letter. There have been a number of potential amendments and so I have just forwarded you all. I don't think you were necessarily on the original note from I think it was Laura Belmont. Um but please take a look. Uh there's no guarantee that all those amendments will be supported um by pick but if you if you have strong feelings one one way or the other please let me know um before the 13th because that is the second touch on this issue. So this is when we will um make a recommendation to the full board uh which I am on um but that occurs after the next full council meeting. Uh so I will have information at the next regular council meeting on how that goes and what's going to be going to the board. Uh there's also potential action on a Sound Transit Enterprise initiative. Uh I don't know anything about that yet, but that's another one of those two-step uh two-touch processes. So I'll have more information on that after the meeting. This concludes my report. >> Okay. As you heard from council member Joe, uh, Cascade Water Alliance will have a meeting. We will choose a new executive director tomorrow's meeting. And so I will share the name of that individual at May 18th, our next council meeting. I will also share it by email after the selection is public. Uh, I am confident there's good plan for leadership for Cascade Water going forward. In terms of community events coming up, the Isqua Rotary has their Grape Escape at Pickering Barn. That's 5:30 this Wednesday. It is a great fundraiser. All the money they raise goes into the scholarships for various Isiqua School District High School students. The Sound Transit Board Meeting is this Thursday at May 7th. We are encouraging our amazing community who has been so active and engaged in this process this entire year to meet outside of City Hall here at 9:00 a.m. The bus leaves at 911, I think. Uh and and for those who want to just drive down, they can also just meet downtown in Seattle at at the building where the executive board meets. And the final we do expect the Sound Transit overall board to take action right now, we're told of the May 28th meeting. So I think the understanding is that there will be a executive from Chair Summer's proposal on Thursday morning right before this meeting starts at 10:30. And so we will digest that proposal when it comes out and and at this point in time that's when we'll find out if it's aqua on the ST3 light rail map or if our plans have been changed. U it's called farmers market. First uh kickoff event was last Saturday over 3,700 shoppers attended and it will be every Saturday from now through December 26th. So coming out to Pickering Barn and it's an amazing event. Down home fourth of July is quad community mosaic creation. So there's two upcoming opportunities to join local artist Cheryl Smith to create a beautiful mosaic piece to celebrate America's 250th anniversary. Uh first will be Saturday, May 9th from 5 to 8:00 p.m. along Front Street in Oldtown in conjunction with Iska Arwalk and music stroll. And then there'll be a second one on Saturday, May 23rd at the farmers market. uh participants will have a chance to engage in a collaborative artwork that become part of the city of Isqua's permanent public art collection and that should be fun. The Isqua annual community awards is going to be next Thursday evening, May 14th from 5:30 to 8:00 at the Fairfield in uh and that is coming up next week. In terms of uh obviously the ALPR discussion has been in front of this council this year. Uh, I think just so folks have an update of where we're at right now is I think council member Walsh and Council Member Nichols will meet with Del Marie when she is back from vacation on May 11th. I think the the sense I've gotten from the council is to pursue pass in the space where you have a different a less likelihood of potential data breaches where you have a local server where if information if you are using any sort of camera technology it's it's being stored on a local server. I think the the sense is that council member Walsh and Nichols will give Dale guidance in this space which then she can take that guidance and see what's available on the open market and then come back to council with uh potential options that that could be pursued uh in June and so we will but Dale is on vacation this entire week. Uh with that that concludes the mayor's report. Uh we will now go to good of the order and I want to make sure at some point during good of the order we try to nail down a July meeting time. So let's go to council president Martz first followed by council member Walsh. >> Yeah. I just want to say thank you to city attorney Turpin for the public records and open public meetings act training this evening. Um, it's it's dry but important material and it's also hurting cats and it's also I'm always struck how impressed I am that so many council members get their questions in early. I'm not like that and so um what to the extent that staff fields all my ad hoc questions that come up. Um it was really important this evening and and thank you so much because it really did then inform um the conversation that we had about rules of procedure. So it was it was deeply appreciated. Thank you. I can share the AWC legislative affairs committee last Friday. The most common agreement on cities was we need to have some fix on the public records side. I think it's uh it definitely came up that I think there's a lot of people building AI models that'll send requests to cities which are very timeconuming and very burdensome. And so I think there is kind of a sense that going into the 27th legislative session we might have to come up with some sort of proposal acknowledges the importance of the public knowing what we're doing but doesn't let people you know from elsewhere in the country who are just trying to build AI functionality just overwhelm our public records departments. Council member Walsh. >> Yeah. I just want to provide just a little bit of clarity on the ALPR portion that you had mentioned. Uh, council member Nichols and I, I think, are very willing to talk to Dale Marky Crimp um about that, but I don't think there was necessarily agreement among council that we are looking for a particular solution that provides more limitations. I'm happy to look for it, but I don't want the public information out there suggesting that we've had any conversations or that there's a sense of agreement more that we heard the public that they want to make sure that whatever you know if we do something that they have um transparent information on it. So I I just want to make sure there is nothing out there suggesting that we already know where we are going with something or that we have a sense of where we would like to go. >> Okay. Council member Nichols. >> Yeah, I'd like to second that. Um and I also think that other things that of course will be on the table and that always are on the table will be the adoption by council of various ordinances that could put guard rails of varying degrees on anything that might be uh pursued. So that's that's something that I think the public should also be aware of is is always a possibility um and and something that we can investigate not simply looking at systems but also what are some what are guard rails that um would come back to council that could be that could for example take the form of an ordinance. >> Any other good of the order before I go through my good of the order items? Uh, okay. The upcoming council meetings, uh, this Saturday, uh, May 9th, we have a city council retreat, Gibson Hall, 9:00 a.m. to 2 p.m. Topics are economic development plan update, 2026 citywide work plan, 2025 performance measures, potential park bond renewal, 2728, budget planning. That is we then have the committee of the whole uh on May 11th, next Monday with anticipated agenda items of the Isqua climate action plan, the Isqua Police Department congressional community appropriations grant. Uh before the council meeting on May 18th, we will have council photos taken outside Mario Field before the meeting. And also that evening at 6:30 p.m. we have a reception right here in council chambers uh for council member Barbie Michelle and our retiring police chief Schwan. Council member Boyd, I see you with a question. >> Council photos are on the 11th or the 18th. >> Oh, they're on the 11th. >> Oh, okay. >> Sorry. Yes. >> Just checking. >> Good fact check, Council Member Boyd. Well played. Uh the and Oh, the regular I think we may have a resolution on self-p permanent agreement with Sound Transit would not be it would just be a a resolution. And I think the the nuances of how that plays out is through some sort of interlocal agreement, which is actually fairly complicated. But I think we may we'll see how things go on May 7th. But if things on May 7th are fairly positive, then I think we may bring forward a resolution just to kind of indicate that the city's open-minded to this to this process. And with that, I hope people brought their calendars cuz I think our goal appreciating that summers in Seattle, summer weekends are very finite. And so I think our our suggestion is to shift the July financial planning update to an evening in the second half of July between 5:00 p.m. and kind of 8 or 8:30 p.m. sort of thing. And I think we are looking at potential dates. So Tisha, you can help me out here. We have I think Thursday July 23rd was one option and I think another option correct me if I'm wrong is I don't think there is any meeting on Monday July 27th right now. So I think Monday because the one downside of the meeting if we do it on Thursday July 23rd was that there is a lot of other meetings in the evening that week already. If we did it on Monday July 27th we don't think there's really another council meeting in the evening that entire week. Is that correct? And so I just don't know if folks are available on Monday, July 27th, 5:00 pm to potentially do our kind of Council Walsh. >> I will just note that I have a regional coalition for housing uh committee of electeds meeting on that Thursday the 23rd from 5 to 7 p.m. So I would prefer not to have to meet one or not to have to miss one of only four meetings. >> Yeah. But Monday the 27th for you is open. We're saying thumbs up on Monday, July 27th at 5:00 p.m. So, we're going to have an appointment on my calendar that just says appointment at 3:00. So, at 3:00, >> I'm sure it'll be fine. That's great. >> That's a 3:00 appointment. This is 5:00. You your other appointment, you have to be highly efficient. Uh, okay. So why don't folks put a hold on that? We will get back to you with some sort of council member Boyd. >> Sorry. Is it like it starts at 5 or we're doing like a normal council time like seven? >> It starts at 5. I think the thought is sometimes it's 3 hours. It can stretch to 3 and 1 half or 4 hours. Uh and so I think if we start at 5 that makes sure we're out of here at a more reasonable time. But if there is a request to move back to a later start time, >> would you entertain 5:30? >> We can entertain 5:30. I'm seeing nods from the council. 5:30. >> Thank you. >> Okay. So, we will pencil in kind of 5:30 tonight. Council Walsh, >> can I just ask that the clerk send us out a hold for our calendars? Okay. Thank you. >> Yes, we will do that. There is no executive session this evening. And saying no further business before this council, we are adjourned at 10:13.