From the 2025 Elected Officials Essentials Workshop
Forms of government
The terms code city and first class city have been used frequently. Can you explain these terms for newly elected officials?
There are four classes of cities and towns: code, first class, second class, and towns, as well as one “unclassified” city operating a pre-statehood territorial charter. The class is determined in part by the population at the time of incorporation and impacts the powers of the city or town and the options for form of government. First class or charter cities created in the state constitution and code cities formed under Chapter 35A RCW have the broadest local “home rule” powers to determine their operations, including the powers of any other class of city or town, as long as they do not conflict with state law.
See MRSC’s City and Town Classification and AWC’s Mayor and Councilmember Handbook for more information.
What is a deputy mayor? How are they executive if they are on council?
A deputy mayor or mayor pro tem is a councilmember appointed by the council to fill in temporarily for the mayor if the mayor is absent or temporarily incapacitated and to preside in the council meetings in the absence of the mayor. The deputy mayor is still a member of the council for the purposes of a quorum and can vote as a councilmember. In the absence of the mayor for a limited period, they oversee normal operations of the administration of the city or town. See Appendix 13 of the Mayor and Councilmember Handbook.
Ethics/Conflicts of interest
“Incompatible offices” is based on what RCW/article/section of the constitution?
Incompatible offices is a legal doctrine based on a 1957 Washington Supreme Court case and subsequent Attorney General opinions on specific cases. The two positions need to fit the definition of “public offices” and be “incompatible” because one office was subordinate to the other or would give rise to inconsistent loyalties. See MRSC’s page on Incompatible Offices for examples.
What about domestic partners, spouses, family members re: conflict of interest?
The conflict of interest statutes (RCW 42.23.030: Interest in contracts prohibited – Exceptions) prohibit municipal officers from beneficial interests in contracts, including those with family members that impact joint resources. However, if a councilmember does not supervise the family member employee, there is probably no conflict. Some cities may also have local policies that are more restrictive. See MRSC’s Conflict of Interest and the Spouse.
On ethics, what if your spouse is a long-term employee of a municipal organization – and later you are elected to city council?
If the councilmember is not directly supervising the city employee, the employee may continue to work for the same city or town. Voting on salaries or other personnel issues may be a conflict of interest for the councilmember to the extent they share resources, unless one of the remote exemptions applies. Some cities also have local policies addressing this issue that may be more restrictive than state law. See MRSC’s Conflict of Interest and the Spouse.
Conflict of interest: Who does not have a “remote interest,” in your example, with ownership of Microsoft if you have a 401(k) investing in an S&P 500 index fund?
The remote interest exception to interests in contracts is defined in RCW 42.23.040 and includes the elected official that holds less than 1% of the shares of a corporation that is a contracting party. See MRSC’s Ethics and Conflicts of Interest.
If I own a building, may I participate in land use decisions related to vacant buildings?
If the land use decisions are general and not related to the individual's parcel, it is likely not a conflict for the councilmember to participate in land use discussions.
Is selling surplus property significantly below market value a gift of public funds?
Selling property for less than its fair market value may be a violation of the gift of public funds clause under the state constitution. There are specific rules for how a city determined property is surplus and the options for dispositioning the item, and cities usually have adopted policies that must be followed. See MRSC’s Surplus City or Town Property.
Is it a gift of public funds if city council is provided dinner before each council meeting?
A meal provided to councilmembers the night of the council meeting would not violate the gift of public funds since it would serve a public purpose if the council meeting otherwise conflicted with a regular mealtime.
Can a mayor give themself a salary/stipend increase?
The state constitution prohibits an elected official from increasing or decreasing their salary during the official’s term. If the council in a mayor-council form of government or a salary commission set the mayor’s salary such that the mayor had no vote, the increase could occur during their term. See MRSC’s Salaries, Compensation, and Benefits for Local Elected Officials
Budget/finance
What RCW/article/section of the constitution requires a balanced budget?
The balanced budget requirements for cities and towns are in RCW 35.33.075, 35A.33.075, 35.34.120, and 35A.34.120. See MRSC’s Introduction to Budgeting.
How much can we dictate policy regarding budget items within a departmental budget, i.e., do this and don't do this with your budget?
The council’s role is to set policy and pass a budget reflecting those policy goals. The mayor or city manager and their departments are then charged with carrying out the policy goals reflected in the budget.
What if the budget issue is union labor contract costs and expectations? What can we realistically do to stay solvent without gutting our community? The fiduciary responsibility seems to say we need to protect all, not some.
Specific rules apply to union contracts and collective bargaining, and changes to working conditions and contracts result in a duty to bargain impacts. However, management retains authority for decisions on issues that are not mandatory subjects of bargaining.
Public fund/lending credit "local governments are not allowed to lend credit.” Could a city lend credit to a fire district or are they considered private entities?
Cities may enter into interlocal agreements with other government entities for public purposes. For example, a city may build a city hall complex with fire equipment bays that it could lease out to the fire district.
Is there a time frame on implementation of new taxes? For instance, HB 2015 – funding public safety. When are we permitted to implement this?
Some taxes have rules for when they may be implemented. HB 2015 allows the city council to approve a new 0.1% sales tax for criminal justice until June 2028. After that date, the tax may be imposed with voter approval. Local sales taxes may take effect 75 days following notice to the Department of Revenue and on the first day of the first three quarters of the year (January 1, April 1 and July 1). This tax also requires that the city meet certain criteria and comply with law enforcement policies. See AWC’s $100 million grants & new councilmanic sales tax for public safety and MRSC’s Revenue Guide for Washington Cities and Towns.
Open government (Open Public Meetings Act and Public Records Act)
Is it a good idea or way to minimize risk when on social media or bumping into the public in the grocery store to clarify I’m speaking as an individual – sort of like the attorney disclaimers at the start of the training?
Providing a disclaimer or setting expectations in conversations with members of the public with a disclaimer about the council’s role is a best practice. Take care not to discuss pending quasi-judicial land use matters that will come before the council for a decision (no ex parte communications). Also be aware that postings on personal social media accounts may be considered a public record, even though they are posted on your personal account and you include a disclaimer. See MRSC’s Managing Electronic Records.
May I condense and publish the transcript of the council meeting?
A councilmember’s notes or transcript of a council meeting and the site where they are published would be a public record that should be retained in compliance with the city’s records policy and records retention laws. Advice on meeting minutes suggests that the city retain “action” minutes of decisions rather than recording of the discussion at the meetings. See AWC’s Mayor and Councilmember Handbook.
What are the best ways to be committed to transparency without running afoul of Public Records Act (PRA) requests/legal issues?
Make sure you and your city employees are regularly trained on the Public Records Act, as the law changes frequently. The best practice is to use city-provided accounts and devices (and not personal accounts and devices) for city business. The best practice is to keep city and personal accounts as separate as possible. Establish record policies and retention processes. Some cities also provide the most requested documents on their websites or through online citizen engagement platforms. See MRSC’s Community Engagement Resources.
One recent training encouraged city employees to use personal phones knowing those messages are subject to the PRA. Is there a best practice recommendation?
The best practice is to keep city and personal accounts as separate as possible. If you must use personal devices, have city employees using their own devices access the city systems through web-based apps that do not retain documents on the personal devices, such as Teams, and develop policies for when those devices must be searched in response to records requests. See MRSC’s Managing Electronic Records.
Why/how under the definition can my personal cell phone be subject to the PRA?
The definition of “record” is broad and includes any communication prepared, owned, used, or retained by government. The Nissen case sets out the test for when text messages on a personal cell phone can be considered subject to the PRA, when they are in the scope of employment. See MRSC’s The PRA Applies to Work-Related Texting on a Personal Cell Phone and Public Records Act FAQs.
What are they allowed to search for and look through on personal cell phones?
The Nissen case sets out the test for when text messages on a personal cell phone can be considered subject to the PRA, when they are in the scope of employment. The decision also allows individuals to sign an affidavit for a diligent search for records, rather than requiring the government to search the individual’s phone. See MRSC’s The PRA Applies to Work-Related Texting on a Personal Cell Phone.
What are some examples of quasi-judicial proceedings? Is this limited to land use decisions?
While land use decisions affecting individual property owners are a common example of a quasi-judicial decision requiring the appearance of fairness, other decisions where the council is acting as a court to determine individual legal rights, such as civil service appeals, can trigger the doctrine. See MRSC’s Appearance of Fairness Doctrine. For an in-depth look at this topic, review AWC’s Comprehending quasi-judicial hearings webinar.
Where can I hold town halls, and who approves that?
The local council rules of procedure likely address how and under what circumstances a councilmember can hold town hall meetings with citizens. The council would likely work in conjunction with the mayor or city manager and their staff to provide appropriate notice and to ensure that the space meets the meeting needs. Any meetings that would address topics under consideration by the council would need to follow any required notice if they fall under the Open Public Meetings Act. See MRSC’s Community Engagement Resources, Legal Requirements for Hosting Government Open Houses or Coffee Chats, and Open Public Meetings Act Basics.
In the Maranatha mining case example, could the mayor have vetoed the council action in similar circumstances?
In mayor-council forms of government, state law provides the mayor with the power to veto an ordinance (and that veto can be overruled by the council). Mayors in towns and in council-manager form of government do not have veto powers. See MRSC’s Council Voting. In Marantha Mining v. Pierce County, the Pierce County Council denied a permit to conduct gravel mining and asphalt manufacturing in a general use zone. If this type of land use application had been considered by a city council, the council would either adopt a resolution or make a motion to either deny or approve the permit. The council would not have adopted an ordinance denying or approving the permit. Since the mayor only has authority to veto an ordinance, the mayor would have no authority to veto approval or denial of a land use matter.
If a councilmember is out in public and a member of the community discusses town business and mistakes the conversation as the council person taking action based on the conversation, could this be considered a violation of the OPMA?
Generally, interaction with one member of the council would not be a meeting subject to the OPMA. The OPMA requires action by a quorum of the council without notice to be considered a violation.
How has AI been considered as public records?
The definition of “record” is broad and includes any communication prepared, owned, used, or retained by government. AI searches would be public records if they met this definition. See MRSC’s Open the Pod Bay Doors: Navigating the Intersection of Public Records and Generative AI.
Is a quorum created by when a member-elect is included?
A quorum includes a majority of the members of the governing body and would not include members-elect until they take office.
Are we required to file a copy of our tax return to the Public Disclosure Commission? I’m very unclear on this since I was running unopposed, so I did not have campaign fundraising.
The Public Disclosure Commission (PDC) requires candidates and city elected officials to file annual personal financial statements (F-1) if they meet certain criteria, such as raising $7,000 or more in campaign funds or the jurisdiction has more than 2,000 registered voters. It does not ask for a copy of tax returns but does ask questions about sources of income. See PDC’s Personal Financial Affairs Disclosure for details, guidance, and forms.
Where is the line between campaign conversations and city business? When are newly elected councilmembers subject to the rules: January 1st, first council meeting, when sworn in, another date between the election/first meeting?
The rules for open government compliance apply to elected officials when they take office, usually the first day of the term on January 1. See MRSC’s Running for Local Elected Office information on after the election.
Does having your city council email on your personal email mean that your phone and other emails on there are subject to PRA?
If you use your personal email address for city business, the devices with those potentially responsive public records that must be searched in response to a public records request.
Does the city attorney have to be present for city council meetings?
The city attorney must be present at certain executive session portions of council meetings involving potential litigation but may not need to be present at regular city council meetings. In some cities, the city attorney also serves as the meeting parliamentarian. See MRSC’s Executive Session Basics.
Regarding records retention, do campaign emails apply? Particularly if these are distinct from official emails?
Elected officials are prohibited from using city resources, including email systems, for campaign purposes. Therefore, campaign sites are generally not public records. However, if you respond to an email regarding city business using a personal account, including a campaign email, it may be a public record subject to disclosure that should be retained in the city records systems.
Some elected officials use blogs, social media, or newsletters to explain council decisions and provide context for residents between meetings. What are your best-practice recommendations for elected officials who want to communicate openly online without creating OPMA problems (like serial meetings) or prejudging quasi-judicial matters, and while still complying with the Public Records Act?
To avoid open government law violations, the elected official communications on city business should be produced using official city accounts and retained in accordance with records retention laws. The accounts should not allow for responses by other members of the governing body to avoid potential for serial meetings and should have policies in place for comments.
We get lots of feedback from social media. How can we legally use that feedback since we can't get them to send a letter to the city or attend a public hearing?
Use city social media accounts that retain the records and include the comments in the records of the council meetings as you would for other written comments.
Are notes that a councilmember takes on paper during a council meeting public records?
Notes may be considered public records if they are prepared, owned, used, or retained by government.
How do you get co-sponsors for an initiative without triggering the OPMA?
The OPMA prohibits meetings of a quorum of the governing body without notice. Individual conversations with less than a quorum of members of the governing body are not subject to the OPMA. Councilmembers may also ask to have additional issues added to the agenda through the city’s agenda setting process.
During a public comment, is it okay for a member of council to interrupt the public speaker to clarify anything or to correct any "misconception" they believe that speaker has?
It is a best practice to avoid interrupting speakers during public comment and not get into back-and-forth exchanges with speakers during public comment periods. The city may correct the record at a later time during the meeting. See MRSC’s Don’t Get into Back-and-Forth Exchanges During Public Comment.
How to separate personal vs. official roles so we don't get accused of electioneering?
Campaign laws prohibit use of public resources for campaign purposes. A best practice is to include a disclaimer on any election activity that you are representing your personal opinion on your own time. See MRSC’s Use of Public Facilities in Election Campaigns and review AWC’s PDC guidelines on elections activity for city officials.
For public records: For retention purposes, how do we distinguish general civic engagement, such as social media discussing general community affairs or city matters, but not necessarily council business? For council /city business that is subject to public records, what about PTA board or other various charities I was part of before election?
For general civic engagement activities, add a disclaimer when you are offering personal opinions that you are not speaking on behalf of the city. Try to keep records for other personal activities and boards separate from records related to city business.
Roles/hiring
How does a code city get a new city attorney?
Hiring a city attorney depends on how your city legal department is structured. If the attorney is a city employee, the executive mayor or city manager would hire that position. If the attorney is hired through a contract, the city generally undergoes a formal process to request service proposals (an RFP or RFQ) and then the council would approve the contract for services. See MRSC’s How Cities and Towns Acquire Legal Services.
In a council-manager city, how/what role could a councilmember have if city staff approaches council with concerns over the practices of the city manager?
In a council-manager form of government, the city manager oversees the employees of the city and councilmembers should avoid getting individually involved in human resources issues regarding employees, but the council supervises the city manager. One of the purposes of executive sessions can be for the full council to discuss performance issues of the city manager. See MRSC’s Executive Session FAQs.
Is a violation of RCW 35A.13.120 grounds for recall? E.g., councilmember directly bullies staff for information or actions?
Sufficient grounds for recall petitions may include malfeasance of office, misfeasance of office, or violation of the oath of office. See MRSC’s Staying in Office: Tips for Elected Officials.
How do you deal with city attorneys that you are unsatisfied with as an individual councilmember?
The city attorney serves the city as an entity, not individual councilmembers, and the council has limited individual authority to contract for outside legal opinions. Councilmembers also do not have a role in hiring decisions or supervision of city employees, which is the role of the mayor or city manager. If the city attorney serves by a contract that is approved by the council, the terms of the contract will determine how the contract is managed. See MRSC’s Roles and Responsibilities of Local Government Leaders.
Is a request by council to shadow city staff considered interference or access to city personnel for information purposes?
A request to interact directly with city staff in a ride-along or job shadow should be done in accordance with city policy and in coordination with the executive to ensure that it does not interfere with essential functions. The mayor or city manager has the responsibility of supervising staff.
Miscellaneous
Where is a list of AWC Board members by region, and which areas are in which region?
AWC’s Board of Directors is divided into 14 districts across the state, with 11 multi-city districts and three single-city districts representing the three largest cities in the state. A map and list of cities by Board district is available on AWC’s website.
Public records requests – flock camera images. Will AWC be advocating for an exception for privacy concerns?
Legislation is currently pending in the 2026 session to help address issues around the use and retention of flock camera images (SB 6002) and was included in AWC’s 2026 legislative priorities. Follow updates in AWC’s Legislative Bulletin.
Why does GMA assign cities with their population growth targets when in practice the county has the authority to determine what that growth allocation looks like? Clarify legal framework regarding GMA and how roles and powers are divided between cities and counties.
The Growth Management Act (GMA) requires cities and counties to plan for population growth. It establishes goals that must be addressed in the jurisdiction’s comprehensive plan and directs counties to allocate growth in consultation with cities and establish urban growth areas with the overall goal of driving urban levels of services to cities. See MRSC’s Growth Management Act Basics.
Are the income band requirements for the housing element of the comprehensive plan based on county-wide AMI numbers or are they jurisdiction by jurisdiction? What is the source of this AMI data?
Affordable housing is defined in the Growth Management Act (RCW 36.70A.030: Definitions). Area Median Income (AMI) data is produced by the U.S. Department of Housing and Urban Development using census data by county for median family income adjusted by household size.
*Note: This document is for general educational purposes and is not intended as legal advice. Cities should consult their legal counsel with any questions or concerns about specific legal issues or risks.