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HomeMy WebLinkAboutBylaws Amended 09-26-2026BYLAWS Of the Jefferson County, Washington Planning Commission Amended 9/26/2026 SECTION 1 - AUTHORITY: These bylaws are promulgated in compliance with the Washington Planning Enabling Act, Chapter 36. 70 of the Revised Code of Washington (RCW), 18. 05. 050 of the Jefferson County Code (JCC). and Jefferson County Resolution No. 54-97, which recognized the Jefferson County Planning Department (Department of Community Development - DCD) and reconstituted a new Planning Commission. This Planning Commission is advisory only and has no quasi-judicial authority. Through Jefferson County Resolution No. 50-22, adopted on 10/24/2022, the Board of County Commissioners established a set of Open Public Meeting Act (OPMA) Guidelines for Jefferson County, Boards, Commissions & Committees (OPMA Guidelines). The Planning Commission is subject to these OPMA Guidelines, which govern matters related to compliance with OPMA, including: • public notice of meetings; • acceptance of public comments before decisions are made; • establishment of agendas and hearing notices; • conducting meetings; • scheduling regular and special meetings; • creating meeting minutes; • limitations on communications between members; and • unusual situations (e.g., emergencies, field trips tours, and disruptions). These bylaws address matters beyond the scope of the county's OPMA Guidelines, in their current form or as may be amended. In instances where there is inconsistency between these bylaws and the county's adopted OPMA Guidelines, the OPMA Guidelines shall prevail. Where the OPMA Guidelines conflict with the Washington OPMA RCW Chapter 42.30, the Washington OPMA shall prevail. SECTION 2 - MEMBERSHIP: The Planning Commission shall be comprised of nine members from Jefferson County. Members of the Planning Commission shall be appointed by the Board of County Commissioners (Board) for a term of four years, which shall commence on March 18th. Each commissioner district shall be equally represented on the Planning Commission. The chair of the Board shall appoint members to the commission with approval of a majority of the Board's members. An appointment of a member shall be made from a list of applicants, who shall submit a "Letter of Intent" to the Board stating their qualifications for serving on the Planning Commission. Vacancies shall be advertised at least twice in a legal newspaper of record having county-wide circulation. The advertisement shall encourage individuals residing in the specific commissioner district in which the vacancy occurs to apply. Bylaws of the Jefferson County WA Planning Commission last amended 09/25/2026 Page 11 Vacancies resulting from the expiration of terms of office shall be filled by appointments for a term of four (4) years. Vacancies occurring for any reason other than the expiration of a term of office shall be by appointment for the unexpired term of the office being filled. If during their term a Planning Commission member has a change in residence that moves them into a different commissioner district, that member shall serve the remainder of their term. If through redistricting a Planning Commissioner is moved into a different commissioner district, they shall remain in office until their term expires. The vacant position in the appropriate district shall then be filled after the term expires. The chair of the Board of County Commissioners may remove a member of the Planning Commission after a public hearing by the Board. All members of the Board must approve any removal. A member of the Planning Commission may be removed for inefficiency, neglect of duty, or malfeasance. The chair of the Planning Commission may grant an excused absence or a leave of absence. "Excused absence" is defined as an absence from one regular meeting. "Leave of absence" is defined as an absence from two or more regular meetings. Two unexcused absences in a row from regularly scheduled meetings shall be grounds for the Planning Commission to recommend to the Board of County Commissioners that the individual be removed from the Planning Commission. Furthermore, a member granted a leave of absence by the chair of the Planning Commission is not an active member. Only active members shall constitute the current membership. SECTION 3 - MEMBER'S RESPONSIBILITIES AND DUTIES: The duties and responsibilities of the Planning Commission shall be as follows: Because Jefferson County has created both a Planning Commission and planning department (Department of Community Development - DCD), the Planning Commission will, in accordance with RCW 36.70.040, assist the DCD in carrying out its duties, pursuant to the list of Planning Commission duties and responsibilities codified in Jefferson County Code 18.05.050, and as further outlined below. The Planning Commission shall review the Jefferson County Comprehensive Plan and other planning documents to determine if the county's plans, goals, policies, land use ordinances and regulations are promoting orderly and coordinated development within the county. The commission shall make recommendations in cooperation with DCD concerning this to the board. The Planning Commission shall review land use ordinances and regulations of the county and make recommendations in cooperation with DCD regarding them to the Board. The Planning Commission shall recommend priorities for and review studies of geographic subareas in the county in cooperation with DCD. All other county boards, committees, and commissions shall coordinate their planning activities, as they relate to land use or the Jefferson County Comprehensive Plan. The Planning Commission may hold public hearings in the exercise of its duties and responsibilities as it deems necessary. The Planning Commission shall have such other duties and powers as heretofore have been or Bylaws of the Jefferson County WA Planning Commission last amended 09/25/2026 Page 12 hereafter may be conferred upon the commission by county ordinances or as directed by resolution of the Board, the performance of such duties and exercise of such authority to be subject to the limitations expressed in such enactments. The Planning Commission shall report in all matters referred to it within the timeline given in Jefferson County Resolution No. 54-97, which is forty (40) days, or within such additional time as may be specified by the Board. The report of the Planning Commission shall be advisory only. SECTION 4 - MEMBER TRAINING: All Planning Commissioners must, in accordance with Washington State Open Public Meetings Act (OPMA) training requirements, complete OPMA training no later than ninety days after appointment, and again upon reappointment ( or every four years). Planning Commissioners must also complete the Washington State Department of Commerce Short Course on Local Planning within 90 days of appointment, and a second time within four years (not required more than twice). The chair will retake the Short Course on Local Planning within 90 days of election, or every four years (whichever is longer), and update Planning Commissioners with any notable changes. Planning Commissioners will email staff and the chair with training dates and certificates of completion. Planning Commissioners are encouraged to renew both trainings at any interval to increase and ensure depth of knowledge. SECTION 5 - OFFICERS: Officers of the Planning Commission shall be chair and vice chair. Candidates for chair and vice chair shall be nominated from the floor annually at the first regular meeting in September from among its active members. Nominations require no "second." The election shall take place at the next scheduled meeting unless two-thirds (2/3) of active members vote at the nominating meeting to hold the election at the same meeting. Nominations from the floor can also take place at the second/election meeting (if held). In the absence of both the chair and vice chair at a meeting or workshop, members present shall elect a temporary chair to perform those duties described by Section 6 of these bylaws. The member elected shall only serve as temporary chair for that meeting or workshop. SECTION 6 - OFFICERS' RESPONSIBILITIES AND DUTIES: The chair of the Planning Commission shall: (1) preside at all meetings and execute the agenda of such meetings in an orderly manner and (2) officially represent the commission before organizations or groups. The vice chair shall officiate as chair in the chair's absence. SECTION 7 -SECRETARY: The secretary shall be provided by the DCD. The secretary's duties shall be to record the proceedings of all Planning Commission meetings. No member of the Planning Commission shall be appointed secretary. SECTION 8 - STAFF AND RESPONSIBILITIES: The DCD shall provide staff to the Planning Commission. The designated county planning staff shall (1) prepare for future meetings with the chair of the Planning Commission, (2) distribute agendas for meetings and workshops, (3) prepare the Planning Commission budget, (4) account for and process expenditures, (5) notify members by email of workshops, and (6) where sufficient staff resources exist, act in any other manner deemed necessary by the Planning Commission, such as providing technical advice or developing plans, studies, or reports. Bylaws of the Jefferson County WA Planning Commission last amended 09/25/2026 Page 13 SECTION 9 - MEETINGS AND WORKSHOPS: Meetings of the Planning Commission are subject to the Open Public Meetings Act (OPMA and shall be planned and conducted pursuant to the county's adopted OPMA Guidelines (as described in Section 1 of these bylaws. Notification to the public of all meetings shall also be made pursuant to the county's adopted OPMA Guidelines (Resolution 50-22). Official action can take place at any regular meeting or public hearing. Official action may take place at any other gathering of the Planning Commission where a quorum is present, as long as the agenda of the meeting, including the topic of action, is included in the agenda and that agenda is posted at least twenty-four (24) hours before the start of the meeting. Under the OPMA, an "action" is defined broadly to include "the transaction of the official business ... including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions." When appropriate and necessary, the chair shall establish committees and appoint members to them. If made up of less than a quorum of the Planning Commission, committees are not governed by the OPMA and therefore such committee meetings do not require public notice or an audio record. The OPMA generally requires that meetings of the governing body be open to the public and that no conditions preventing attendance by the public, except for orderly conduct, may be imposed. Therefore, a county legislative body shall not ban the use of recording devices or video cameras from the open portion of a meeting held pursuant to the OPMA. The county legislative body may impose restrictions on the use of recording devices, but only to the extent necessary to preserve the orderly conduct of the meeting. Emails between members addressing matters before the Planning Commission could be construed to be a public meeting, particularly if there was any response to such communication. Therefore, all emails related to matters before the Planning Commission should be forwarded to staff at the prescribed email address for appropriate distribution. SECTION 10 - CONDUCT: Except where in conflict with these bylaws, Roberts Rules of Order shall guide the conduct of all public meetings and hearings of the Planning Commission. SECTION 11 - QUORUM: A majority of the Planning Commission membership, being not fewer than (5) five, shall constitute a quorum for the consideration of most items of business, with a majority vote of those present being sufficient to take action. Comprehensive Plan changes, zoning changes, changes to the Planning Commission bylaws, Unified Development Code (UDC) changes and other site-specific approvals shall be by the affirmative vote of no fewer than (5) five members, a majority of the total membership. In the event of a challenge to a member or members of a decision-making body that would cause a lack of a quorum or would result in a failure to obtain a majority vote as required by law, any such challenged member(s) shall be permitted to fully participate in the proceeding and vote as though the challenge had not occurred, if the member or members publicly disclose the basis for disqualification prior to rendering a decision. Such participation shall not subject the decision to a challenge by reason of violation of the appearance of fairness doctrine (RCW 42.36.090, Participation of challenged member Bylaws of the Jefferson County WA Planning Commission last amended 09/25/2026 Page 14 of decision-making body). SECTION 12 - VOTING: All members are entitled to one vote. A vote shall be either (1) yay/yes, (2) nay/no, or (3) abstain. An abstention per Roberts Rules of Order is not counted as a nay vote. If a member recuses themselves, they shall leave the room and not take part in any of the discussion pertaining to the matter before the Planning Commission. As per the OPMA, no action can be taken by secret ballot. All matters acted upon shall be entered into the minutes as written motions with a record of the vote count. The Planning Commission shall not take any action in the form of a consent agenda. The chair is a Planning Commission member and is therefore entitled to one vote on all issues. SECTION 13 - BUDGET: A preliminary budget for the Planning Commission shall be prepared by the DCD. An itemized estimate of expenditures for the ensuing calendar year shall be included in the preliminary budget. The preliminary budget shall be reviewed by members at the earliest possible time so the members may express any shortcomings in the budget and make a recommendation directly to the Board of County Commissioners to address the Planning Commission's needs. The budget shall become final in December without further review by the Planning Commission, unless there is a substantial change. The budget and any amendments thereof shall be prepared in accordance with requirements established by the Jefferson County Auditor. SECTION 14 - CLAIMS FOR EXPENDITURES: All claims for expenditures for operating the Planning Commission shall be made by the DCD in accordance with requirements established by the Jefferson County Auditor. SECTION 15 - REPORTS: Reports of official Planning Commission reviews or official recommendations shall include only that which has been approved by a majority vote of the members present as expressed in Section 12. Drafts of reports of official Planning Commission reviews or official recommendations shall be reviewed, corrected as necessary, and adopted by a majority vote of the Planning Commission members present. Under exceptional circumstances, where time is of the essence, this rule may be suspended by a two thirds (2/3) vote of the Planning Commissioners in attendance. Should this rule be suspended, the drafters of the subject report shall make a good faith effort to have the subject draft report reviewed by as many Planning Commissioners as feasible. Under such circumstances, such reports will be sent to the Planning Commissioners immediately upon completion. Further, this means of adoption shall be noted on the facing page of such document. A Planning Commission minority report may be submitted with a majority report. A minority report shall (1) contain the concurrent opinion of two or more Planning Commission members who participated in Bylaws of the Jefferson County WA Planning Commission last amended 09/25/2026 Page 15 the discussion and voted in the negative, (2) be signed by such members, (3) not contain diverging opinions in the minority report and (4) contain an issue relating directly to the majority report with which it is submitted. The timing of minority reports shall follow the same timeline as the Planning Commission majority report and be submitted in the same Board of County Commissioners packet. Such minority report shall be disseminated to the entire Planning Commission on the day the minority and majority reports are submitted to the Board packets. SECTION 16 -AMENDMENTS: Amendment to these bylaws may be made at any regular meeting of the Planning Commission, provided the following conditions have been met: 1. The proposed change has been an item of business at the previous meeting, 2. The proposed change has been emailed to the membership ten (10) days prior to the meeting considering the proposed change, 3. The proposed change is not in conflict with the statutes that authorize the Planning Commission, and, 4. The proposed change receives an affirmative vote of no fewer than (5) five members - a majority of the total membership. SECTION 17 - REPEALER: All previous bylaws of the Jefferson County Planning Commission are hereby repealed and replaced. SECTION 18 -ADOPTION: These bylaws, as amended, are hereby adopted this23rd day of September, 2026. ING COMMISSION Date Tonya Flores Cruz, Planning Commission Clerk Original adoption date 7/23/97; Amended Section 17 on 11/17/99 and 12/1/99; Amended Section 4 on 6/21/00; Amended Section 13 on 7/19/00; Amended Sections 12 & 13 on 5/16/01; Entire revision on 8/6/03; Amended Section 4 on 4/18/07; Amended Section 14 on 1/16/08; Amended Sections 3, 9, 10, 11, 14 & 16 on 9/3/08; Amended Sections 4 and 8 on 6/1 /11; Amended Section 8 on 2/6/13. Amended Section 4 on August 5, 2020. On 10/5/2022 amended Sections 1, 5, 8, 11, 13, removed old section 14 (Appearance of Fairness), amended (newly renumbered) 14 Reports; Amended Section 1, 3, 8, 10, & 11 on 04/16/25; On 09/23/2026 added new Section 4 Member Training, renumbered following sections. Bylaws of the Jefferson County WA Planning Commission last amended 09/25/2026 Page 16