Taking Action Using Ordinances, Resolutions, Motions, and Proclamations

MRSC is frequently asked about the procedure to use when a governing body (council, commission, or board) is taking action on an issue. Here is an overview of the various options available, from ordinances to proclamations. 

Ordinances

An ordinance is local law — enacted by the proper authorities, such as a city council or county commission — authorizing general, uniform, and permanent rules of conduct relating to the corporate affairs of the local government.

Ordinances are similar in nature to statutes enacted by the legislature and passed according to procedures required by state law or charter. Such procedures include:

• providing advanced public notice about the ordinance,
• holding a public hearing,
• requiring a certain number of votes for the ordinance to pass, and
• publishing the final ordinance (or detailed summary) in a newspaper.

Ordinances are generally considered permanent and can only be amended by enacting a new ordinance. Typically, ordinances cannot go into effect immediately and some may be subject to referendum.

Ordinances can be used to fix legal rights and duties, to regulate activities, or to prohibit criminal acts. Changes to a jurisdiction's criminal code, zoning code, or development regulations are common legislative acts accomplished through ordinances.

Resolutions

A resolution is a formal expression of opinion, will, or intent from an agency’s governing body that often addresses a matter of special or temporary nature. In most instances, resolutions go into effect immediately and generally need not be published.

Here are ways that resolutions are typically used to:

• surplus public property,
• direct the agency executive/administrator to take certain designated action,
• adopt rules of procedure for the governing body, or
• adopt personnel policies.

Similarly, an “order” is sometimes used when directing that a specific action be taken, and once complied with, an order no longer has effect.

There are a few instances when a county ordinance or resolution must be published. For example, RCW 36.32.120(7) requires publication of police or sanitary regulations.

When should an ordinance be used instead of a resolution?

Sometimes the answer as to which tool a governing body should use to take action — ordinance or resolution — can be as simple as determining if that action is addressed in a statute or charter that specifies use. For example, ordinances must be used to adopt a code city budget (RCW 35A.33.075) or to vacate a county road (RCW 36.87.120).

In general, resolutions are used to implement ministerial and administrative acts, like those listed in the section above, whereas "legislative acts" should be made by ordinance. What would be considered a legislative act? The general principle is that actions relating to subjects of a per­manent and general character (such as updating the agency’s criminal code) are usually regarded as legislative.

The distinct steps involved when using an ordinance or a resolution can, in some situations, be important. For instance, passage of an ordinance in a code city requires “the affirmative vote of at least a majority of the whole membership of the council” under RCW 35A.12.120. This means that if less than the full membership of the council is present at a meeting, more than a simple majority of those present may be required for passage.

However, a lesser number of votes may be required if the governing body can legally take action by resolution, and many cities require that only a majority of councilmembers present vote affirmatively for passage of a resolution. Note that this does not extend to all circumstances. For example, RCW 35A.12.120 requires code cities to have the same number of votes for a resolution calling for the payment of money as it does for an ordinance. A governing body should check to make sure that it is using the proper procedure and has the required number of votes.

Any member of the governing body can introduce an ordinance or resolution for consideration. Once introduced, the governing body may:

• act immediately upon the ordinance or resolution,
• refer it to a committee for study and recommendation,
• postpone consideration to some future time, or
• take any of the other subsidiary or privileged actions.

Some jurisdictions may have adopted local parliamentary procedures that require some of these steps, such as requiring two readings before a final vote. After the issue has been fully considered and discussed by the legislative body, the presiding officer can then read the ordinance or resolution and call for a vote.

Note that special purposes districts do not have the statutory authority to enact ordinances. This means that all rules and procedures of a continuing and permanent nature are adopted via resolution.

Motions

Similar to an order, a motion is a pro­posal made by a member of a governing body during a meeting which the body then takes a particular action on. A motion provides authority to do a specific act.

The pro­posed action may be substantive or it may express a certain view or direct that a particular action be taken, such as an investigation. Once it has been approved and entered into the record, a motion is equivalent to a resolution.

A motion (or an order) is often used to direct an agency executive/administrator to sign a contract that has been approved by the governing body. For citations regarding the above points, see the introduction of MRSC’s Local Ordinances publication.

Proclamations

Proclamations are generally broad statements expressing local government support for a particular issue. Examples are diverse and can range from local events (e.g., “acknowledging achievements of local teachers”) to national (e.g., “support for military veterans”) to international matters (e.g., “climate change”). Some local governments have adopted policies regarding the issuance of proclamations — for example, see Tacoma Council Rules of Procedure Rule 8(E).

The terms “proclamation” and “declaration” have also both been used in reference to emergencies. Such designations by the governor or the executive/administrative head of a local government initiate the process for taking necessary actions to deal with a disaster.

There are no statutes that refer to local government proclamations.

Conclusion

A governing body has a variety of options it can use to take action on a topic of interest. Knowing which type of action to employ and under what circumstance helps to make the process more efficient and effective.

For more information on local government policymaking, please visit the following:

• County Commissioners Guide
• Local Ordinances
• Mayor and Councilmember Handbook
• Parliamentary Procedure: A Brief Guide to Robert's Rules of Order