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HomeMy WebLinkAbout4406ORDINANCE NO. 4406 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Title 2 of the Kent City Code, entitled "Administration and Personnel" to: (1) adopt a new chapter 2'50 that establishes general terms and conditions that apply to all appointive boards, committees, and commissions within the city; (2) to amend existing chapters 2,51 through 2.62 that apply to specific appointive boards, committees, and commissions to remove duplicative provisions and allow for consistency with the new general terms and conditions chapter; (3) to add a new chapter 2'58 pertaining to appointments of community representatives to the Valley Independent Investigative Team; (a) to add a new chapter 2.63 pertaining to the public facilities district of the Kent Special Events Center and adopting into code provisions previously provided for in Ordinance No. 3852; and (5) to add a new chapter 2.64 pertaining to the election of board members to serve the Firefighters' Relief and Pension Board. RECITALS A. Over the years, the Kent City Council has created a numbe.r of advisory boards and commissions to which representatives have been appointed by the Mayor and confirmed by the Kent City Council. Most of these boards and commissions have been created through ordinances that were codified into the Kent City Code, though others were created and have 1 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees existed by operation of state law or through the adoption of other ordinances that were not codified, However formed, these appointive boards and commissions were often left to establish for themselves bylaws and rules of procedure that would govern their business. As an unintended consequence, this process resulted in inconsistent practices and procedures amongst the City's boards and commissions. B. During its retreat in February of 202L, the Kent City Council discussed their desire to: (i) standardized practices and procedures amongst the City's various appointive boards and commissions, (ii) revise recruitment strategies in an effort to ensure the City's appointive boards and commissions reflect the diversity of the Kent community, (iii) balance exiting membership with new voices and fresh perspectives, (iv) recruit members who are interested, enthusiastic, and bring Some relevant knowledge or experience to their service, and (v) provide greater notice to the larger Kent community about available opportunities to serve on an appointive board or commission. C. At its meetings on June L, 202L; June 8, 202L; and June 22, 2O2L; the Kent City Council discussed this ordinance and the general terms and conditions that will apply to all appointive boards and commissions within the City. Through the provisions it adopts and codifies in Chapter 2.50 of the Kent City Code, the Kent City Council establishes provisions of appointment that will apply to each appointive commission created by the City Council, except as those general provisions may be amended by another provision provided for in Title 2 that is specific to a particular board or commission, or where otherwise in conflict with state law. Other provisions of Title 2 are also revised in this ordinance as necessary for consistency with the new general provisions adopted into Chapter 2.50 of the Kent City Code. 2 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 9EOTION 7. - Amendment - Title 2, New chapter 2.50. Title 2 of the Kent City Code, entitled 'Administration and Personnel," is amended by adding a new Chapter 2.5O, entitled "Appointive Boards, Commissions, and Committees," as follows : CHAPTER 2.50 APPOTNTTVE BOARDS, COMMTSSTONS, AND COMMTTTEES Sec. 2.5O.O10. Definitions. As used in this title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. A. "Appointive commissign" means an agengy, board, COmmiSsion, or committee of the city whose members are appointed by the mayor and confirmed by the city council. B, "Member" means an individual appointed and confirmed to serve on an appointive commission. C. "Resident" means a person who resides within the corporate limits of the city, D. "Quorum" means the minimum number of members of an appointive commission required to be present for business to be transacted. A quorum shall consist of a majority of the then current membership of an appointive commission, unless otherwise provided by this chapter or state law. 3 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.5O.O2O. Applicability of chapter. The provisions of this chapter shall apply to each appointive commission created by the city council, except as may otherwise be provided for by another provision of Title 2 or where in conflict with state law. Should any provision of this chapter conflict with a provision of a chapter specific to a particular appointive commission, the provision specific to the particular appointive commission shall control. Sec. 2.5O.O3O. Advisory capacity. Each appointive commission serves in an advisory capacity and may make recommendations for action to the mayor, city council, chief administrative officer, or city staff, as appropriate. However, appointive commissions shall have no independent authority to act unless such authority has been expressly delegated to them by the mayor or city council. Sec. 2.5O.O4O. Actions. An action of an appointive commission done by motion at a regular or special meeting and approved by a majority vote of those present, when those present constitute a quorum, is deemed to be an action of the appointive commission' sec. 2.5O.O5O. Administrative support. The amount of administrative support supplied to an appointive commission is determined by the mayor or designee; provided, that the mayor or designee shall at a minimum I (1) appoint to each appointive commission a city staff representative who shall serve as the secretary of that appointive commission for the purpose of giving public notice of meetings, recording meeting minutes, retaining commission records and providing them to the city clerk as requested, and providing those other duties provided for by this chapter; and (2) provide adequate space and facilities and necessary supplies to facilitate the official business of the appointive commission. 4 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees sec. 2.5O.O60. Appointments. Members of an appointive commission are appointed by the mayor and confirmed by the city council' A. Qualifications. 1. Eligible appointees shall be persons of mature judgment and ability to analyze and consider matters within the purview of the relevant appointive commission. The mayor may appoint who, in the mayor's sole discretion, is the most qualified for the position based on an appointee's professional experience, education, or demonstrated knowledge of the issues and matters relevant to the appointive commission' Z. Unless otherwise provided for in this title, if an appointive commission includes a youth representative position, individuals eligible for appointment to that position are those who are 24 years of age or younger. If an interested and qualified youth representative is unavailable to fill any such position, the mayor may appoint a non-youth applicant to the available position. 3. Except as otherwise provided in this title, members of an appointive commission must reside or work within the city or be a student attending a school within the Kent School District. B. Process. 1, In obtaining an applicant pool from which to make mayoral appointments, the mayor will utilize a recruitment process that seeks to accomplish the following council goals: a. Produce a diverse applicant pool that reflects the diversity of the Kent communitY; b. Seek new voices and fresh perspectives to balance historical experience and knowledge; and 5 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees c. Sufficiently inform the public of the available opportunity. 2. Notifications concerning available appointment opportunities will utilize some or all of the following: a, Posts on the citY's webPage; b. Posts on the city's social media accounts; c. Published notices in print or online newspapers, which may include non-English publications; d. Emails or posts to appropriate professional associations; e, Notifications to local diversity and equity inclusion offices, i ncl uding ed ucational a nd com m unity-based organizations. C. Review and recommendation by council. Applications for mayoral appointments may be reviewed upon request by any member of the city council, who may also suggest the mayor review or consider an applicant for appointment. D, Retention of applications. If an applicant is not initially selected by the mayor for appointment at the time the applicant originally submitted their application, their application will be retained on file for at least one year and consulted again in the future as opportunities arise, Should a vacancy occur on any appointive commission, the mayor may consult retained applications, may conduct a new recruitment seeking interested applicants, and may select an appointee from either retained applications or new applications received. E. Staggered terms.In making an appointment, the Mayor may elect to appoint an applicant to an inaugural term that is shorter in length than the full term authorized under KCC 2.50.060.F. in order to ensure 6 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees representation on any appointive commission is appropriately balanced with experienced members and new members' F. Alternate member permissive. The mayor may appoint one or more alternates to any appointive commission. Like other appointees, an alternate is expected to attend all commission meetings and participate in discussion. Only through regular attendance may members and alternates fulfill their responsibilities to the commissions they represent. 1. Multiple Alternates. If more than one alternate serves on any appointive commission, the alternates shall be ranked according to their length of service as an alternate on the commission, with the alternate who has the greater length of service being given a higher rank in priority to the duties provided by this subsection. Z. Pro tempore Authority. An alternate will serve in a nonvoting capacity when all regular members are present at a meeting of the appointive commission. When a regular member of the appointive commission is absent from a meeting, the alternate will serve as a pro tempore voting member for that meeting and may vote on all matters before the appointive commission. In the event two or more alternates have the same length of service, the chair shall select one alternate from those eligible alternates to perform the pro tempore duties provided by this subsection at any meeting of an appointive commission. 3. Promotion to Member Position. Should a position as a regular member on the appointive commission become available during the alternate'S term, the alternate will assume that position as a regular member without any further council confirmation required. In the event two or more alternates have the same length of service, the mayor shall select one alternate from those eligible alternates to promote to the available member position. In the event the alternate the mayor identified for ..7 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees promotion declines to assume the member position, the member position shall be filled by another eligible alternate who has not declined to serve; provided, that in the event of a continued tie in length of service between eligible alternates who have not declined to serve, the alternate entitled to promotion shall be selected by the mayor. G. Terms of office. The term of office for members appointed to an appointive commission shall be three years, except as provided below. 1. Members of an appointive commission may only serve up to two consecutive terms, except for those members appointed to an inaugural term that is less than three years in length. If a member was appointed to an inaugural term that was less than three years in length, then that member shall be permitted to serve two consecutive three-year terms after the inaugural term expires. Z. A person who is ineligible to serve for having served two or more consecutive terms may again serve: a. After two years have elapsed from the expiration of their last term; or b. After no other qualified applicant applied for the available position and the mayor requests the member continue serving on the appointive commission. 3, When a vacancy occurs on an appointive commission for which an alternate has been appointed, the alternate will assume the vacant position as a regular member without any further council confirmation required. If the alternate becomes a regular member of the appointive commission, the alternate member's three-year term will begin anew upon appointment as a regular member. The mayor may then appoint a new alternate member consistent with the process that applies to original appointments as provided for in this chapter. B Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 4. If a vacancy occurs on an appointive commission for which there is no person serving in an alternate position, the mayor may appoint a new member to fill the remainder of the vacant position's unexpired term. In such event, the mayor's appointment shall be made consistent with original appointments as provided for in this chapter. 5. The term limits provided for in this section shall not apply to any alternate member Position. 6. This section shall in no way serve to limit the number of terms a sitting councilmember may serve on an appointive commission. Sec. 2.50.O7O. Compensation. Members of an commission shall serve without compensation. appointive Sec. 2.5O.O8O. Conflicts of Interest. If a member of an appointive commission concludes that they have a conflict of interest or an appearance of fairness problem with respect to a matter pending before the appointive commission so that they cannot discharge their duties on such an appointive commission, they shall disqualify themselves from participating in the deliberations and the decision-making process with respect to the matter. Sec. 2.5O.O9O. Organization and meetings. A. Election of officers. Each appointive commission shall elect from among its members a chair, who shall preside at all meetings, and a vice chair, who shall preside in the absence of the chair. The chair and vice chair shall be elected annually. The secretary of each appointive commission shall be the city administrative support personnel appointed under KCC 2.50.050. 1. The chair shall perform the following duties: a. Set the appointive commission's agenda, in coordination with the vice chair, the secretary, and the city department liaison if different from the secretary; 9 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees b. Preside over all meetings of the appointive commission, preserve order and decorum, decide all questions of order and conduct the meeting's proceedings using the rules contained in Robert's Rules of Order where applicable, with the chair having the ultimate decision of how the meeting will be conducted; c. call special meetings and cancel regular meetings for cause, including lack of a quorum, in coordination with the vice-chair, secretary, and the city department liaison as may be appropriate; d. Act as the appointive commission's liaison with the council, the mayor, and city staff on policy issues; e. Nominate or appoint members of the appointive commission to any subcommittee the appointive commission may form; f. serve as the appointive commission's focal point for council, mayor, and staff and as principal spokesperson for the appointive commission; g. Oversee the distribution of the appointive commission's agenda and materials during the commission's meetings; h. Make any necessary public appearances on behalf of the appointive commission at meetings of the city council, mayor, and any other bodies requiring representation of the appointive commission; and i. Facilitate the annual officer election process. j. Appoint a chair pro tempore when both the chair and vice chair are absent, who shall have the same authority and duties as the chair. 2. The vice chair shall perform the following duties: a. Act as chair and assume the authority to perform the chair's duties whenever there is a vacancy in the office of the chair, the chair is absent from the appointive commission, or the chair is unable for any reason to discharge the chair's duties. 10 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees b. Assist the chair as requested; c. Attend, participate, and assist the chair in agenda planning sessions; d. Assume the office of chair and serve the remainder of any unexpired term if the chair vacates office prior to completing their term, and in that event, facilitate the election process at the appointive commission's next regular meeting of a new vice chair to similarly assume office for the remainder of any unexpired term' 3. If the chair was not able to appoint a chair pro tempore or the chair and vice chair are otherwise absent or unavailable, the longest serving member of the appointive commission, either by consecutive or non- consecutive terms, shall be deemed the acting chair pro tempore' If two or more members qualify to be acting chair pro tempore, then the secretary shall select, by lottery and in the presence of two witnesses, one name from the names of the group of eligible members, and the member whose name is selected shall serve as the acting chair pro tempore. 4. The secretary of the appointive commission will be the staff member appointed under KCC 2.50.050 to assist the appointive commission. The secretary is not a member of the appointive commission and shall have no voting rights, The secretary shall perform the following duties: a. Attend all meetings of the appointive commission and keep the commission's minutes, including those of any meetings of any subcommittees the appointive commission may form, which minutes will be reviewed and adopted by the appointive commission at a subsequent meeting; b. Reproduce, distribute, and file with the city clerk for retention a copy of all minutes of the appointive commission's meetings; 11 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees c. See that all notices of appointive commission meetings are given as may be required by the Open Public Meetings Act, Ch. 42.30 RCW, and this chapter. d, serve as custodian of the appointive commission's records and remain responsible for retaining those records as required by state retention schedules and producing those records as required under the state Public Records Act, Ch. 42.56 RCW; e. Maintain a list of the names, addresses, and contact information for each member of the appointive commission; and provide that list to the city clerk; f, Perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to them by the chair or vice chair. B. Equal votes. Each member shall have an equal vote in decisions of the appointive commission, except for any alternate, who will serve in a nonvoting capacity. C. Duties and responsibilities. Each appointive commission is advisory in nature and shall make reports and recommendations as may be requested to the mayor, city council, and city staff. D. Bylaws. Each appointive commission may adopt bylaws, rules, and regulations as necessary for the election of the chair and vice chair, the conduct of business before an appointive commission, or to supplement the provisions provided for in KCC 2.50.090. Commission bylaws, rules, and regulations may not alter the provisions of this chapter. L2 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees E. Meetings. 1. Schedule and location. Each appointive commission shall set a regular meeting schedule, including time, place, and frequency of meetings as necessary, and the secretary of the commission shall provide this information to the city clerk. 2. Open meetings and notice. Although not required for advisory commissions, all meetings of each appointive commission will be open to the public. In giving notice of meetings, the commission secretary may elect to follow the notice guidelines provided for in the Open Public Meetings Act, Ch. 42.30 RCW, as amended, even if the Open Public Meetings Act does not apply to matters before the appointive commission for action at such meetings. Unless notice to the contrary is given by an appointive commission, all meetings shall occur at city hall, located at 220 Fourth Avenue South. 3. Remote attendance or remote meetings. In the event of an emergency, a member may attend a commission meeting remotely by telephone or videoconferencing, ds technology in the particular meeting location may accommodate. For purposes of this subsection, an emergency is defined as a serious situation or a condition of urgent need that occurs unexpectedly and is unforeseen or unavoidable. A member's remote attendance is permitted for the benefit of conducting City business and not for the personal benefit of a member and may be limited by the City's available equipment and technical support. a. In the event of an emergency and a desire to attend a commission meeting remotely, the member shall notify the chair and the secretary as soon as possible in advance of their desire to attend a commission meeting remotely, The chair shall consult with the city department liaison, and together they will determine whether to grant a 13 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees member's request to attend a meeting remotely due to the occurrence of an emergency. b. Any remote attendance authorized due to the occurrence of an emergency shall be verbally noted on the record during the meeting and in the official minutes of the meeting. c. A member authorized to attend a commission meeting remotely shall have all of the official materials available during the meeting, shall be able to hear the meeting in real time, and shall be able to be heard by others during the meeting in real time as if physically in attendance at the meeting. A member who only observes the meeting remotely without complying with the above requirements will not be deemed in attendance. d. It shall be the responsibility of the remotely-attending member to ensure compliance with this section. If during the meeting the requirements of this section are not met or are terminated due to technical reasons, or the member fails to attend the meeting remotely, the member will be deemed to have not attended the meeting. e, In the event of an emergency as declared by the President of the United States, the Governor of Washington, the mayor, or another authorized official, and a determination that an in-person meeting cannot be held with reasonable safety due to the emergency, the commission may hold a remote meeting without a physical location, or may limit the physical attendance of some or all members of the public at a meeting, and in doing so, may follow the guidelines provided for by the Open Public Meetings Act, as now enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency. F, Minutes. Each appointive commission shall adopt procedures to ensure minutes of each meeting are recorded and retained with the city clerk as required by state records retention schedules. t4 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees G. Conduct of members. All members serving on an appointive commission must preserve order, decency, and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any member while speaking, or refuse to obey the order of the Chair. In addition, the following shall controt member's conduct during any meeting of an appointive commission: 1. The chair will call the meeting to order and manage the meeting agenda and time to allow for appropriate discussion and action, where appropriate. 2. Members are to keep the meeting organized by speaking only when recognized by the chair and granted the floor. To seek recognition, members are to raise their hands and wait to be addressed by the chair. In lieu of hand raising, voting/name cards may be used to indicate votes or requests to speak. 3. Members are to refrain from interrupting another person who has the floor or from having any sidebar conversation. 4. Members are to treat others with respect, courtesy, and in a fair and unbiased manner. Members shall refrain from any conduct or speech that is abusive, bullying, discriminatory, or derogatory. 5. Members should be open and honest about their actions and decisions, and be respectful of others whose opinions may differ. 6. Repeated violations may result in a member's removal from the appointive commission in accordance with KCC 2'50.130. H. Pubtic comment While the public may attend meetings of an appointive commission, the meetings are those of the commission itself and 15 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees the public has no general right to address the appointive commission or its members, 1. Meetings of an appointive commission are not an open public forum, and they are subject to restrictions imposed by the chair of the appointive commission, any bylaws or rules the appointive commission may have adopted, and the law. Z. The chair of an appointive commission has the discretion to authorize the public to address the commission, if the chair so desires' If permission to speak is granted to a member of the public, either directly or through an agenda item, the following provisions shall apply: a. Prior to addressing the appointive commission, each speaker shall sign in and state his or her name and city of residence for the record. b. Remarks will be limited to the time allocated by the chair for each speaker, usually three (3) minutes per speaker. c. All remarks shall be pertinent to matters considered by the appointive commission, and speakers shall address the chair and the appointive commission aS a whole and not any member individually. L Pubtic Demeanor. No one shall use any impertinent, degrading, or slanderous language directed to the chair, appointive commission members, mayor, staff, or other member of the public, and no one shall otherwise engage in disruptive behavior. Disruptive behavior includes, for example, addressing matters restricted from public comment, repeated shouting and angry outbursts, cursing, direct or implied threats of violence, etc. After receiving verbal notice from the chair, the chair may direct that a speaker return to their seat or may remove any person for disruptive behavior at an appointive commission meeting. 16 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees J. Voting. Discussion by the appointive commission shall relate to the subject matter at hand and shall be relevant and pertinent. When action of the appointive commission is required, the following provisions shall apply: 1, The chair will request a motion for a vote. Z. Each member of an appointive commission shall be entitled to one vote, including the chair, 3. Motions shall be made, seconded, and voted upon. 4. The chair is authorized to establish all reasonable and necessary procedures to permit the casting of votes by members of the appointive commission. 5. Every member, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excluded by the appointive commission, shall cast his or her vote upon any matter put to vote by the commission. 6. Unless otherwise directed by the chair, all votes shall be by voice or a show of hands. No votes shall be made by proxy. 7. Any member of the appointive commission who abstains from voting, or who otherwise remains silent during a vote or enters a blank ballot, will be deemed to have not casted a vote on that item. An abstention will not count as a vote, either in favor of, or in opposition to, any motion. B. Action by the appointive commission requires only the affirmative vote of a majority of the votes cast, except where otherwise required by this chapter, any appointive commission bylaws, or state law' 9. At the request of the chair or of any member of an appointive commission, a motion may be noted upon by a roll call and the individual voting results shall be recorded by the secretary in the minutes. Action of the appointive commission may be shared with the city council, the mayor, or city staff. 77 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees K. Procedural deviations and suspension of rules. If an appointive commission fails to conform to the procedural provisions of this chapter or to Robert's Rules of Order, and that failure is not timely objected to by a member before action occurs, once action is taken by the appointive commission, that action stands and shall be deemed automatically ratified by the appointive commission. No procedural error shall render any action by the appointive commission invalid, nor shall the provisions of this chapter be deemed to provide any resident rights they did not already have by operation of law. Sec. 2.5O.1OO. Minutes. Minutes are to be taken of each appointive commission meeting by the administrative support personnel appointed under KCC 2.50,O40, who shall distribute copies to each commission member and the city clerk. Sec. 2.5O,110. Political affiliations and use of public facilities for political purposes, Members of appointive commissions are selected without respect to political affiliations, While members are free to discuss actions of council, the mayor, and city administration at their meetings, they shall not use any public facilities or public resources in support or opposition to any campaign for any ballot proposition or the election of any person to any office. Additionally, appointive commissions shall not use any public facilities or public resources to express a collective decision of the commission to support or oppose any ballot proposition. Commissioners may engage in political activities on their own time, if no public equipment, facilities, or resources are used. sec. 2.5O.LzO. Quorum. A majority of the then-current membership of an appointive commission shall constitute a quorum for the 1B Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees transaction of business. A majority of the votes cast shall be necessary to carry any motion. However, if there is no quorum at the opening of a meeting, the chair may rearrange the agenda to allow voting items to occur later in the meeting, or a majority of those members present may move to adjourn or recess the meeting, or authorize measures to be taken to obtain a quorum. sec. 2.5O.13O. Removal from office. The mayor may remove a member of an appointive commission in any of the circumstances listed below, except removals from the lodging tax advisory board and the public facilities district of the Kent special events center that are to be made by the city council. A. A member ceases to have the qualifications required for the position as determined by state law or Title 2 of the Kent City Code' B, A member acts in a manner that would result. in inefficiency, neglect of duty, misfeasance or malfeasance in office, including without limitation: 1. Intentionally disrupting commission proceedings, including willfully bringing to the table or placing on the agenda a subject beyond the scope of authority of the appointive commission as defined in this title, and deliberately refusing to abide by the rules of procedure adopted by the appointive commission. 2. Using their position to secure special privileges or exemptions for themselves, friends, or family members' 3. Directly or indirectly giving or receiving or agreeing to receive compensation, gifts, rewards, or gratuities from any Source, except the City of Kent, for a matter connected with or related to the services as a member of the appointive commission. 19 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 4. Disclosing confidential information gained by reason of the member's membership on the appointive commission or otherwise using such information for the member's personal gain or benefit. C. Upon the joint recommendation of the appointive commission's chair and the director of the city department who supports the commission. Any decision to remove a member of an appointive commission shall be final, and there shall be no aPPeal. Sec. 2.5O.14O. Reports. An appointive commission may make a full report in writing to the chief administrative officer of its transactions and expenditures, if dhY, for the preceding year and such general recommendations as to matters covered by its prescribed duties and authority as may seem Proper. Sec. 2.5O.150, Vacancies. Membership vacancies in an appointive commission, otherwise than through expiration of term, shall be filled in accordance with KCC 2.50.060.G. 9E9TION 2, - Amendment - Title 2, Revise chapter 2.57 Re: Civil Service Commission (Police.\. Chapter 2.5t of the Kent City Code, entitled "Civil Service Commission of the Police Department", is hereby amended as follows: CHAPTER 2.5L CIVIL SERVICE COMMISSION OF THE POLICE DEPARTMENT Sec. 2.51.O10. Creation - Composition - Duties. The civil service commission for all full-time law enforcement, police officer, and civilian (nonlaw enforcement and nonpolice officer) employees of the police department, created pursuant to Chapter 41.12 RCW, shall be composed of 20 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees three (3) members who shall be appointed by the mayor in accordance with ^?a rnnrlifio hrr tha fnllnurinn r.r ricinnc cnanifin fn tha nirril carrrina 1 Tha fnllnrarinn nt t alifia={-ianc rnnlrr tn mamharc nf f ha nirril canrina commtsslon: Marn mr rcf ha nifizanc nf fha I lni{-arl Cf r{-ac' )Mem rnr rct ha rpqidentc nf f ha f ifrr nf Kanf fnr larcl- l-hraa (3) vears immediately preceding such appointment; Marn Fc mr rcf ha alanfnrc nf na /^nr rnhr. 4. Members shall e 5 vear terms: and q At fho tima nf rnrr rnnninfrnanf nnf mnre t an fraln rnprnherq shall be adherents of the same political party. The members of the civil service commission shall hold office as provided in, and shall have and exercise all powers and duties prescribed by Chapter 4L.L2 RCW. SECTION 3. - Repealer - Title 2. Chapter 2.52 Re: Civil Service Commission (Fire). Chapter 2.52 of the Kent City Code, entitled "Civil Service Commission of the Fire Department," iS hereby repealed in its entirety. SECTION 4, _ Services Commission Chapter 2.53 of the Kent City Code, entitled "Human Services Commission", is hereby amended as follows: CHAPTER 2.53 HUMAN SERVICES COMMISSION Sec. 2.53.9!q0il€. Created. The city human services commission is hereby created. The commission shall serve in an advisory capacity to the 2t Amend Title 2 of the Kent City Code Ret Appointive Boards, Commissions & Committees ? mayor and city council, and is subject to the general commission provisions Commission. Sec. 2.53.021104€. requirements. Membership, terms, residence A. Number of members. The membership of the human services commission shall be 10 members, in addition to a council representative al€ernate. Members are to be appeinted by the mayor and eonfirmed by the ffiheyouthrepresentative7andtheappointedcouncil representativeT atbffiem-shall serve in nonvoting capacities. B: i€siol1 members are present at a meeting of the human serviees eommission, When position as a regular member on the human serviees eommission b€€om€ ioft 22 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees e.E-Terms of appointment. With respect to the members appointed and confirmed to serve on the commission, the following provisions shall apply: 1. At least four commissioners shall reside within the corporate limits of the city. 2. Appointments shall reflect a balance of interests and should be equally proportionate and contain no more than two representatives, to the extent practicable, from each of the following communities, entities, or interest groups: business, educational, spiritual, charitable, civic, past or present receivers of human services, and providers of human services' +'3. _The commission shall include at least one youth representative, to the extent reasonably practicable, @and one council mem ber representative, ;h4_All members appointed shall serve fourthree-year terms, with the following exceptions: a. The youth representative(s) shall be appointed to at least a one-year term, but may be appointed to as much as a three-year term; and b. The council representative shall be appointed to a one- year term. e= tf an alternate bee term, the alternate will assume that pesithsn as a regular member without +oner= 23 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees +€es members, At the end of the eurrent ehairperson's term; the ehair eleet will beeome the ehairperson; and the eommission will then eleet from its members a new ehair eleet, At the end of eaeh-year; the then ehair eleet will assume the ehairperson role and a new ehair eleet would be eleeted, These offieers shall hold offiee for one (1) year: The mayor shall appoint and reeords as are neeessary for the proper operation of the eommission' The eommission shall meet upon eall of the ehairperson; as neeessary; sec. 2.53.gElgo€ie. Responsibilities. The human services commission shall make reports and recommendations to the mayor and city council concerning human services issues including: 1. Development and assessment of human services needs in the city. 2. Determination of priorities of human services needs within the city. 3, Evaluation and recommendation on funding requests submitted to the city. 4. Evaluation and review of the performance of individual human services organizations and agencies. 5. Review of city actions which may affect the availability and quality of human services provision in the city' 6. Coordination with other groups and human services planning agencies and organizations. 24 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees SECTION 5. - Amendment - Title 2, Chapter 2.54 Re: Lodging Tax Advisory Committee. Chapter 2.54 of the Kent City Code, entitled "Lodging Tax Advisory Committee", is hereby amended as follows: CHAPTER 2.54 LODGING TAX ADVISORY COMMITTEE Sec. 2.54.O10. Created, There is hereby created the lodging tax advisory committee. The committee shall serve in an advisory capacity to the mayor and city council, and is subiect to the general commission committee. Sec. 2.54.O2O. Membership. The lodging tax advisory committee shall consist of nine members as follows: A. Four members appointed by the city council who are representatives of businesses required to collect tax under Chapter 67.28 RCW; B. Four members appointed by the city council who are persons involved in activities authorized to be funded by revenue received under Chapter 67.28 RCW; and C. The council president shall appoint a member of the council to serve as a member of and to chair the lodging tax advisory committee. D. Pursuant to RCW 6 review the membershi tax-a-dvjsorv committee at least o annr rallrr an rl ch:ll maVa rh:nnac ac rnnrnnrirl-a 25 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees In addition, gorqanizations reDres under Chaoter 67.2 authorized to be fu , as well€sloeal aqencies involv for membersnip on tn ffi members appointed by the eity eouneil; as autherized by Ordinanee No' bHsinesses reqH premetien may sHbmi review the memb sec. 2.54.9E!g€4€. Responsibilities. The lodging tax advisory committee shall make reports and recommendations to the mayor and city council as follows: 26 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees A. The committee shall consider proposals for imposition of a city lodging tax under Chapter 67.28 RCW. B. If such tax is adopted, the committee shall review any increases in the rate of tax imposed, repeal of any exemption from a tax imposed, or a change in the use of revenue received under Chapter 67.28 RCW. The committee shall consider any such proposal, provide for public input, and submit comments in a timely manner to the mayor and city council' The comments shall include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism, and the extent to which the proposal will affect the long-term stability of the fund created under RCW 67.28.1815. 9ECTION 6. - Amendment - Title 2, chapter 2.55 Re: DisabilitY Board. Chapter 2.55 of the Kent City Code, entitled "Disability Board", is hereby amended as follows: CHAPTER 2.55 DISABILITY BOARD Sec. 2.55.O1O. Creation. There is created a disability board having jurisdiction over police officers and firefighters as provided for in RCW 4L.26.110 et seq rrrhinh ic cr rh ian{- }n {-ha nanarrl nnmrnic crnncrnh hFnt/ nrnrrirlarl f nr r rnAar /-hanfar ? qn K (^a avnont rc l-hnca n ,tctnnc a16 ,maAiFiaA hrr fha ll^.rrih^ n.nrricianc cnanifin fn th -lia=lrili{-rr hnrrrl Sec. 2.55,O2O. Membership. The disability board shall consist of the following members: 1. Two (2) members of the city council to be appointed by the mayor; 27 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 2. One (1) firefighter employed by the city or retired from the city to be elected by the firefighters employed by the city or retired from the city who are subject to the iurisdiction of the board; 3. One (1) law enforcement officer employed by the city or retired from the city to be elected by the law enforcement officers employed by the city or retired from the city who are subject to the jurisdiction of the board; 4. One (1) member from the public at large who resides within the city to be appointed by the other four (4) duly appointed and elected mem bers heretofore desig nated, Sec. 2.55.O3O. Terms of office. All members appointed or elected pursuant to KCC 2.55.O2O shall serve a two (2) year term. Sec. 2.55.O4O. Compensation. The members of the disability board shall receive no compensation for their services upon the board, but shall be reimbursed for all expenses incidental to such service in the manner and amount provided for employees of the city' ions- ehairperson who shall serve a one (1) year term, The ehairperson shall be entitled to sueeeed himself in offiee unless the ehairperson is net reappointed Sec. 2.55.85q06,e. Functions. The disability board shall perform all functions, exercise all powers and make such determinations as may be specified under RCW 41.26.005 et seq' 28 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.55.O6O. Remote Attendance. In addition to the reason(s) authorized under KCC 2.50.090E.3., members of the disability board may attend meetings remotely if the following conditions are met: 1. At least one member must be physically present at the meeting at the noted location within the City Hall campus; the public; Tha mamh n-t n -am a{-a afl-anrlrnna nfharrarica mnlina rrri{-h {'ha? exist. SECTION 7. - Amendment - Title 2. Chapter 2.56 Re: Cultural Communities Board. Chapter 2.56 of the Kent City Code, entitled "Cultural Communities Board", is hereby amended as follows: CHAPTER 2.56 CULTURAL COMMUNITIES BOARD Sec. 2.56.O10. Establishment of board. There is hereby established a cultural communities board, which shall serve in an advisory capacity to the mayor and city council of the city of Kent SUljeetlo-lhC r rnrlar f hanfor ? E n VC? avnant rc fhnca nrnrricinnc a maAiFiaA lrrr fha fnllnrlrinn nrnrric innc cnanifir tn tha nr rlfr rral nn mr rni{.iac hnrrrl Sec. 2.56.020. Purpose. The cultural communities board will provide input to the mayor and city council on policy and process that seek to promote and facilitate civic engagement, integration, and access to city services by all cultural communities within the city of Kent. 29 Amend Title 2 of the Kent City Code Rel, Appointive Boards, Commissions & Committees Sec. 2.56.O3O. Responsibilities. The board shall have the following responsibilities: A. To advise on issues and serve as a resource relating to the social and civic participation of Kent's multicultural communities to promote civic involvement. B. To advise on policies fdr effective integration of new residents from Kent's multicultural communities. C. To advise on strategies for culturally responsive communication, services, and outreach to Kent's diverse communities' D. To advise on strategies for promoting inclusiveness of Kent's multicultural communities within all aspects of city government and the community. E. To Serve as a liaison among community members, residents, businesses, and city government on issues that affect the city and its quality of life, including identifying needs, suggesting resources, and connecting cultural and ethnic communities to existing city resources. Sec. 2.56.040. Composition of the board. The board will consist of up to 18 members who shall be appointed by the mayor and eonfirmed @, two of whom whieFwill be youth representatives, to the extent reasonably practicable. Membership shall be Kent residents who are representative of the cultural and ethnic diversity of the Kent community' Board members shall serve as eitrvolunteers without eompensation' Ea€h member of the board shall have an equal vote in reeommendations from the beard' 30 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.56.050. Terms of appointment. All members appointed to the board shall serve twqofte-year terms. Members may only serve up to three consecutive two-year terms. for a total consecutive period of Service consecutive years may again serve: A Afl-ar rra-rc hrrra alrncarl m tha avnirrl-inn nf fh ir lrc{- farm. or B. After no other qualified applicant applied for the available position anr{ }ha ma\r^r ra rraa{-a +ho mamhar nnnfintta cartlinn nn iha rnnnin{'irra commission. A member may be reap he board chair shall be appointed annually by the board's members. bomd; the board may reeemmend to the mayor removal of any member who misses three eonseeutive meetings without being exeused by the board upon an affirmative vote of a majority of the board' To fill unexpired terms; eonfirmed by the eity eouneil, Appointments made to fill vaeaneies will be 31 Amend Titte 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees SECTION 8. - Amendment - Title 2, Chapter 2.57 Re: Land Use and Planning Board. Chapter 2.57 of the Kent City Code, entitled "Land Use and Planning Board", is hereby amended as follows: CHAPTER 2,57 LAND USE AND PLANNING BOARD Sec. 2.57.O1O. Creation. There is hereby created the land use and planning 6s6;fl. which is subject to the general provisions applicable to boards and commissions as provided for under Chapter 2.50 KCC, except aS Use and Planninq Board Sec. 2.57.O2O. Membership, terms, residence requirements' and compensation. A.:The land use and planning board shall consist of seven (7) members who shall be residents of the city of Kent. When making the appointments, locations within the city. and eonfirmed by the eity eouneil, Appointments shall be deemed eonfirmed if not aeted on within thirty (30) days following the mayor's submittal ef his . B. The terms of offiee of the members of the land use and planning board of time' All new ter 32 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees D, Members of Ehe land use and planning beard may be dismissed by the being exeused by the board; for ineffieieney; for negleet of duty; for a finding otri€e= use and planning beard shall be residents of the eity of l(ent' When making the appointments; the mayor shall eonsider appointments from residents . travel and subsistenee maY be made to the extent sueh may be budgeted andsttbsistenee' iee- ehairperson from among its members whieh terms shall expire Deeember 33 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 3lst eaeh year, The seeretary of the land use and planning board shall be the planning manager, The seeretary shall set the land use and planning may be taken from eleetronie reeording of publie hearings; and keep sueh reeords as are neeessary forthe property operation of the board; all of whieh related business; exeept when there is not an agenda item to be eonsidered netify the board mem land use and planning board regularly meets; stating that due to a laek of the rules of proeedure for publie hearings and workshops and a eode of Sec. 2.57.O3OO4'0. Duties and responsibilities. A. The land use and planning board shall operate as part of the planning Economic and Community Development Department offiee-and shall, except in those instances when the city council has determined to consider the matter, hold public hearings on comprehensive plan formulation and amendments, annexation zoning, zoning code and subdivision code and other assigned code formulation and amendments which have been prepared and submitted to the board by the Economic and Community Development DepartmentpFanningroffiee. The land use and planning board, after holding one (1) or more public hearings on these matters, shall refer 34 Amend Title 2 of the Kent City Code Rel. Appointive Boards, Commissions & Committees the planning office's proposals and its recommendation to the city council for the council's final action B. In lieu of or in the alternative to the land use and planning board considering and holding hearings and performing other related functions on matters set forth in subsection (A) of this section, the city council may elect to perform these functions on such matters directly without taking input from the land use and planning board. Sec. 2.57.O40g5e. References to planning commission. All references in the Kent City Code to the planning commission shall mean the land use and planning board, SECTION 9.- Amendment Title 2. Chanter 2.5 Rc: Vallev Independent Investigative Team. Title 2 of the Kent City Code, entitled "Administration and Personnel," is amended to add a new Chapter 2'58, entitled "Valley Independent Investigative Team," as follows: CHAPTER 2.58 VALLEY INDEPENDENT INVESTIGATIVE TEAM sec. 2.58.O1O. Valley Independent Investigative Team - city Membership. The City of Kent is a member of the Valley Independent Investigative Team, also known by the acronym VIIT. VIIT is a multi- jurisdictional team that includes a number of area law enforcement agencies, created pursuant to Chapter 10.93 RCW and in conformance with Chapter 139-L2 WAC, for the purposes of establishing a process for the independent investigation of incidents involving police officers. VIIT includes law enforcement representatives from each member agency, together with non-law enforcement community representatives who are, in accordance 35 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees with WAC 139-12-030, appointed by the police chiefs of each member agency. Sec. 2.58.O2O. Non-law enforcement community representatives - Qualifications, Duties, Appointment' and Term. A. Qualifications. Community representatives eligible for appointment by the police chief to VIIT shall have credibility with and ties to the communities impacted by police use of deadly force, and must agree to sign a confidentiality agreement at the beginning of any investigation that will remain in effect until the prosecutor of the jurisdiction either declines to file charges or the criminal case is concluded. Violation of a confidentiality agreement once signed may be a punishable crime. B, Duties. Once appointed, and subject to the terms of any confidentia I ity agreement, non- law enforcement com m unity representatives will perform those duties as provided for by Chapter L39-L2 WAC and VIIT's organizational and operational guidelines. C. Provisions governing appointment of non-law enforcement community representatives to serve VIIT' 1, Chapter 139-L2 WAC currently provides that independent investigative teams must include at least two non-law enforcement community representatives. Under the mutual aid agreement that governs VIIT operations, each member agency, acting through its respective police chief, may appoint one or more non-law enforcement community representatives from their respective jurisdictions to serve on VIIT, which appointments may be subject to further approval by the VIIT executive board. The number of community representatives appointed from any 36 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees jurisdiction and selected to serve VIIT will be at the discretion of each agency's police chief and the VIIT executive board' Z. The police chief will create a transparent process for soliciting names of individuals and creating a roster of individuals willing to serve on VIIT as non-law enforcement community representatives. The solicitation process utilized shall further the goals expressed by Council in KCC 2.50.060 in seeking individuals qualified to serve. 3. Community representative appointments will be recommended by the police chief, made by the mayor, and presented to the city council for confirmation. 4. Selected community representatives shall serve as provided for by the mutual aid agreement and VIITs operational policies and procedures' D. Term. The term served representatives shall be as the procedures provide. by non-law enforcement communitY law or VIIT operational policies and SEOTION 70. - Amendment - Title 2, chapter 2.59 Re: Kent RFA Governing Board. Chapter 2.59 of the Kent City Code, entitled "Kent Fire Department Regional Fire Authority Governing Board", is hereby amended as follows: CHAPTER 2.59 PUGET SOUND REGIONAL FIRE AUTHORITY GOVERNING BOARD sec. 2.59.O1O. Creation. on April 27, 2010, voters within the jurisdictions of the city of Kent and King County Fire Protection District No' 37 approved a proposition to create the Kent Fire Department Regional Fire Authority and to approve the regional fire authority plan. In 2017, this entity noed its name to the P oet Sound Reoional Fi Arrthoritv.Theformallv cha 37 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees regional fire authority plan provides that the Kent city council shall appoint three (3) of its members to serve on the governing board of the Puget Sound @RegionalFireAuthority.ThischaptershallgoVern appointment of the Kent city council representatives to serve on the Puget Sound @Regional Fire Authority governing board. The term governing board as used in this chapter shall mean the Puget Sound @Regional Fire Authority governing board' sec. 2.59.O2O. Governing board appointment. The council president shall appoint three members of the Kent city council to serve as the city of Kent's representatives on the governing board' Sec, 2.59.O3O. Terms of appointment tel.rns. The initial term for governing board members shall run from July 1; All etherterms of the governing board members shall be for approximately two (2) years starting on the first council meeting in January of each even-numbered year and ending on the first council meeting in January of the following even-numbered year. Sec. 2.59.O4O. Effect of failure to make appointment. If, for any reason, the governing board members have not been appointed as required by this chapter, the previous year's governing board shall remain in place with full authority until a new governing board has been appointed' sec. 2.59.O5O. Removal from governing board. At any time, the Kent city council may remove one (1) or more of its appointed members from the governing board, Sec. 2.59.060. Vacancy on governing board. In the event a council member is removed from the governing board or another event 3B Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees occurs that results in a vacancy being created in one (1) of the city's representative positions on the governing board, the council president shall appoint a council member to fill the vacancy. The appointed council member shall serve the unexpired term of the council member he or she has replaced. In the event a governing board member is temporarily unable to fulfill his or her duties as a governing board member, the council president or council president pro tem may appoint a temporary replacement until such time as the regular governing board member becomes available to perform his or her duties. SE9TION 77. - Amendment - Title 2 chapter 2.60 Re: Parks and Recreation Commission Chapter 2.60 of the Kent City Code, entitled "Parks and Recreation Commission", is hereby amended as follows: CHAPTER 2.60 PARKS AND RECREATION COMMISSION Sec. 2.6O.010. Parks and Recreation Commission created. The city of Kent Parks and Recreation Commission is hereby created. The parks and recreation commission shall serve in an advisory capacity to the mayor, city council, city administratryeer-gffteet, and city staff, and are subiect to r rnrlar /^ha r ) tr,fl VCC ovnanf ac hnca nrnrricinnc ira rnrt ifiarl hrr fha Sec. 2.6O.020. Membership, terms, residence requirements. A. Number of members. The membership of the city parks and recreation commission shall consist of L2 mernbers. alternate, Member 39 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees B, Alternate member, An alternate may be appointed to the eommission members are present at a meeting of the parks and reereation eommission' When a regular member of the parks and reereation eommission is absent frem a meeting; the for that meeting and may vote on all matters befere the eommission, Should beeome available during the alternate's term; the alternate will assume that required; e , Terms of offiee, The term of offiee for eommissioners shall be for three irest the term of effiee ef the final four eommissioners appointed and eenfirmed 40 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees without any furEher eouneil eonfirmatien required: If the alternate beeomes The mayor shall then appoint; subjeet to eouneil eonfirmatien; a new atternateeemmissiener' ED. Residence requirements. At least six persons appointed to serve on the parks and recreation commission shall reside within the corporate limits of the city. To the extent reasonably practicable, appointment should shaH reflect a balance and diversity of users of and interests in Kent's parks and recreation services, and should sHl-include one youth representative-of 2: A eommissioner is absent from more than two eonseeutive @ eerio+,'-or *nV eeeisien to rem aeeeaf. 47 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees *-. fteetien of offiee ehair shall be eleeted annually, A majority of the parks and reereation ffiotion; business"' meetings in aeeordanee with €hapter 42'30 R€W' Although not re9uired for publie, in aeeordanee with €hapter 42,30 R€W; the Open Publie Meetings A€t. +em ist€{1s'; 42 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees D E. F. sec. 2.6o.ggqo4,e. Duties and responsibilities. The parks and recreation commission is advisory in nature and shall make reports and recommendations to the mayor, city council, and city staff concerning parks and recreation issues, including: A. Ways to advocate public support, involvement, and funding of Kent parks, facilities, and programs; B. Opportunities to engage the public in decisions affecting Kent parks, facilities, and programs; C. Budget recommendations for the acquisition, development, and operation of parks, facilities, and programs; Policy recom mendations; Comprehensive parks and trails planning; Priorities for the acquisition of land and/or facilities; G. Development, design, and operation of parks, facilities, and programs; H. Capital improvements Planning; I. Rules, regulations, or other restrictions applicable to parks, facilities, and programs; J, Concessions at park facilities; K. Contracts, interlocal agreements, and lease agreements regarding parks and recreation activities; 43 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees L. Other matters that the mayor, city council, or parks director may refer to the parks and recreation commission for its consideration and recommendation. Parks and recreation commission members are encouraged to play an active role in engaging the Kent community to support key park and recreation projects through public outreach efforts. SECTION 72. Amendment - Title 2. Chapter 2'67 Re: Arts Commission. Chapter 2.6L of the Kent City Code, entitled "Arts Commission", is hereby amended as follows: CHAPTER 2.6L ARTS COMMISSION Sec. 2.61,010. Created. There is hereby created the Kent arts commission, which is subject to the general provisions applicable to boards rnr{ nnrnrrriccinnc a c nrnrrirlar'l Far rrnAar /^hrnfar ? EO avnanl- rc l-haca commrssron Sec. 2.51.O2O. Purpose. The city arts commission and staff ffidY, alone or in cooperation with any other private, civic, or public body of any city, county, or the state, initiate, sponsor, or conduct programs calculated to further public awareness of and interest in the visual and performing arts. Sec. 2.61.030. Membership. The membership of the city arts commissionShallbe14members,inadditiontoa@ Members are to be appointed by the mayor and esnfirmed bY the eity eeunei counci| representative;rn#e-shail--be appointed t#hffiffimission-by the council presidentffi 44 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees ive, who shall serve in a n onvoti n g ca pacityies. te the eommission by the mayor and eonfirmed by the eity eouneil, On€e when all regular members are present at a meeting of the arts eemmission, When a regular member ef the arts eommission is absent from a meeting; the alternate will serve as a pro tempore voting member for that meeting sec. 2.61.O4995e. Term of appointment. with respect to the members appointed and confirmed to Serve on the commission, the following provisions shall aPPIY: A. Each member, exclusive of the youth representative, must reside or own property within the city or one of its utility or parks department service areas or, alternatively, work or own a business within the city's municipal boundaries. B, The commission shall include among its members one council representative and-to the extent reasonably practicable, at least one youth representative the eity's muni€l ies. 45 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees C. All members appointed shall serve four-year terms eFt+€-tiftexpired , with the following exceptions: 1. The youth representative(s) shall be appointed to at least a one-yearterm, but may be appointed to as much as a three-yearterm, 2. The council representative shall be appointed to a one-year term. & eleet its offieers; ineluding a ehairperson; viee ehairperson; and sueh offieers +ees sec. 2.61.O5qOSO, Budget. The arts commission shall each year submit to the mayor and city council for approval a proposed budget for the following year in the manner provided by law for preparation and submission of budgets by appointive officials. 9EOTION 73, - Amendment - Title 2 chapter 2.62 Re: Kent Bicycle Advisory Board. Chapter 2.62 of the Kent City Code, entitled "Kent Bicycle Advisory Board", is hereby amended as follows: 46 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees CHAPTER 2.62 KENT BICYCLE ADVISORY BOARD Sec. 2,52.O1O. Created. There is hereby created the Kent bicycle advisory 6es1d, which is subject to the general provisions applicable to boards and commissions as provided for under Chapter 2.50 KCC, excePt as bicycle advisory board sec. 2.62.020. Purpose. The Kent bicycle advisory board may advise the city council, the mayor, and all departments and offices of the city on matters related to bicycling including the impact city actions may have upon bicycling. Ibs #board shall have the opportunity to contribute in an advisory capacity to all aspects of the city's planning processes insofar as they may relate to bicycling. Sec. 2.62.030. MembershiP. A. Number of members, The membership of the Kent bicycle advisory board shall be 11 member5. len of the mayor subjeet to eouneil direetives; and shall reeeive teehnieal sHFport +em-eltfsta+t B, ferms of offiee, The term of offiee for board members shall be two of the odd numbered year and end Mareh 3lstrof the next odd numbered 47 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees ien; E€. Representation.In order to provide the most diverse representation possible on the board its members should, to the extent possible, consist of representatives of: 1. Bike and cycling organizations; 2. Bicycle dealers; 3. Organizations concerned with safety; 4. Representativesofbusinessorganizations; 5. Interested private citizens concerned with urban cycling issues. Sec. 2.62.040. Duties and responsibilities of board. A.As an adviso board, the board mav ma ke reoorts and related to bicycling, including: by the department direetor, Engineering staff or ether eitY staff may provide # 1. Assisting in the formulation of Kent's comprehensive bikeway plan. 2. Reviewing proposals and plans for spot improvements and bikeways. 3. Promotjnge bicycling as a viable form of urban transportation. 4B Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 4. Promotjnge improved safety to reduce accidents and thefts of bicycles by educating both youth and adult cyclists, by evaluating and recommending changes in design standards for on-street and off-street bikeways, trails, and paths accessible to bicyclists and for secured parking racks and lockers, 5. Developing possible demonstration projects to encourage commuting through provision of safe, accessible routes, secure parking facilities, and facilities for commuter clean-up and changing from riding to work clothes. 9ECTION 74. - Amendment - Title 2. New chapter 2.63 Re: Special Events Center Public Facilities District Title 2 of the Kent City Code, entitled "Administration and Personnel," is amended to add a new Chapter 2.63' entitled "special Events Center Public Facilities District" as follows: CHAPTER 2.63 SPECIAL EVENTS CENTER PUBLIC FACILITIES DISTRICT Sec. 2.63.010. Creation and Purpose. Through its adoption of Ordinance No. 3852 on August 7, 2007, the Kent City Council created the City of Kent Special Events Center Public Facilities District as a regional center coextensive with the boundaries of the city, pursuant to Chapter 35.57 RCW, The public facilities district was established for the sole purpose of pursuing the design, construction, ownership, operation and financing of the Kent Special Events Center. The public facilities district's primary role is to assist in the financing of the Special Events Center and to serve in an advisory capacity in regards to the operation of the Special Events Center' As provided by RCW 35.57.0LO(4), the public facilities district is a municipal corporation, an independent taxing authority within the meaning of Article 49 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees VII, section 1 of the state Constitution, and a taxing district within the meaning of Article VII, section 2 of the state Constitution. As such, the public facilities district is generally not subject toregulation by the city, except as provided for by Ch.35.57 RCW, Ordinance No.3852, and the interlocal agreement entered into between the city and the public facilities district on September 18, 2007. Therefore, the provisions of Ch. 2.50 KCC will not apply to the public facilities district, except to the extent those provisions apply to the process utilized by the city to obtain a sufficient applicant pool from which the city council may make appointments to an available board of director position, Sec. 2.53.O2O. Board of Directors. A. Membershrp.As required by RCW 35.57.010, as may subsequently be amended, the Public Facilities District shall be governed by a five member board of directors appointed by the Kent City Council as follows: 1. two directors appointed without restriction; 2. three directors appointed based on recommendations received from local organizations that may include, but are not limited to, the local chamber of commerce, local economic development council, and local labor council. B. Term of membership. Directors shall serve four-year terms Sec. 2.53.O3O. Treasurer and Staff. Pursuant to Ordinance No. 3852 and the interlocal agreement between the city and the public facilities district, the following provisions applyl A. The city's finance director shall serve as treasurer of the public facilities district, and shall prepare, maintain, and provide financial reports 50 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees to the city and to the public facilities district's board of directors at such times and in such form as the mayor and the public facilities district's board of directors may require. B. The city shall provide a meeting place for the public facilities district's board of directors and shall provide staff support for board of director meetings. Sec. 2.53.O4O. Bytaws. The public facilities district shall adopt and maintain rules of procedure and governance of its activities through bylaws duly adopted by its board of directors. The power to alter, amend, or repeal the bylaws and adopt new bylaws shall be vested in the board of directors, except the bylaws shall be consistent with Ordinance No. 3852 and the interlocal agreement entered into between the city and the public facilities d istrict. SECTION 75. - Amendment - Title 2, New Chapter 2.64 Re: Firefighters Relief and Pension Board. Title 2 of the Kent City Code, entitled "Administration and Personnel," is amended to add a new Chapter 2'64, entitled "Firefighters' Relief and Pension Board" as follows: CHAPTER 2.64 FIREFIGHTERS' RELIEF AND PENSION BOARD sec. 2.54.O1O. Purpose. Beginning March L, L97O, the state took over the provision of police and firefighter pensions through the passage of Ch. 41.26 RCW and the creation of the Law Enforcement Officers'and Firefighters' Retirement System. However, the city continues to remain responsible for firefighter pension coverage for eligible firefighters who vested to benefits under Chs. 41.16 and 41.18 RCW prior to the passage of Ch. 41.26 RCW and the establishment of the Law Enforcement Officers'and 51 Amend Title 2 of the Kent City Code Rel, Appointive Boards, Commissions & Committees Firefighters' Retirement System. When the Puget Sound Regional Fire Authority was formed, the city retained the firefighters' pension fund established in accordance with Chs. 4L.L6 and 41.18 RCW and the responsibility to make required pension benefits to eligible participants. Sec. 2.64.020. MembershiP. A. The city's firefighter pension fund is administered by a Firefighters' Relief and Pension Board, whose members are: 1. The mayor, 2. The city clerk, 3. A councilmember appointed by the council president, 4. Two regularly employed or retired firefighters elected by secret ballot of those employed and retired firefighters who are subject to the jurisdiction of the board, and 5. A firefighter alternate selected by the firefighter board members who shall serve as an alternate in the event of an absence of one of the regularly elected members. The firefighters elected to serve on the board shall each serve a two- year term. B. If no eligible regularly employed or retired firefighters are willing or able to be elected, then the following individuals may be elected to the board: 1. Any active or retired firefighters who reside within the jurisdiction served by the board, including active and retired firefighters under Chs. 41 .t6, 4L.L8,4L.26, and 52.26 RCW; 2. The widow or widower of a firefighter subject to the jurisdiction of the board. 52 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees Sec. 2.54.O3O. Officers. A. Chair. The mayor shall serve as the chair of the Firefighters' Relief and Pension Board. B. Chair pro tempore. In case of absence or inability of the chair to act, the board may select a chair pro tempore who shall during such absence or inability perform the duties and exercise the power of chair. C. Secretary. The board may select and appoint a secretary who ffidY, but need not be, a member of the board. Sec. 2.64.040. Meetings. The board shall meet, upon advance notice given: 1. At least once quarterly, the date to be fixed by regulation of the board; 2. At such other regular times as may be fixed by a regulation of the board; and 3. At any time upon call of the chair' Sec. 2.64.050. Powers and duties. The board shall have those powers and duties as provided for in Chs. 4L.L6 and 4L.18 RCW. Sec. 2,64.060. Remote Attendance. In addition to the reason authorized under KCC 2.50.090E.3., members of the board may attend meetings remotely if the following conditions are met: 1, At least one member must be physically present at the meeting at the noted location within the City Hall campus; 2. The physical meeting location must be open to attendance by the public; 53 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees 3. The member's remote attendance otherwise complies with the provisions of KCC 2.50.090.E.3., other than the need for an emergency to exist. SECTION 76. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SEcTION 77. - Corrections by city clerk or code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 78. - Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage, as provided by law. Once this ordinance is effective, the term limits provided for herein shall apply retroactively to past terms served by appointive commission members. All other provisions of this ordinance shall apply prospectively without any alteration to the length of any existing term that an appointive commission member is serving. DANA RALPH, MA July 6,2O2L Date Approved 54 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees ATTEST: 0, KIMBERLEY KOMOTO, CITY CLERK APPROVED AS TO FORM: PATRI July 9, 2O2t Date Published ATTORNEY 55 Amend Title 2 of the Kent City Code Re: Appointive Boards, Commissions & Committees July 6.202L Date Adopted H STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Rudi Alcott, being first duly sworn on oath that he is the Vice President of Advertising for Sound Publishing, which publishes the Kent Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspaper in King County, Washington. The Kent- Covington Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Kent- Covington Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice #KENs318o6 was published on July 9, 202L The full amount of the charged for said foregoing publication is the sum of RudiAlcott Vice President, Advertising Subscribed and sworn to me this 9th day of July,202L . otary Public for the State of Washington, Residing in ffip $0TAqF D.troi {i'.t U LJL"r Classified Proof CITYOF KENT NOTICE OF ORDINANCE PASSED BY THE CITY COUNCIL The following is the sum- marv of an ordinance pas6ed by the Kent City Council on July 6,2021. ORDINANCE NO. ,140G - AN ORDINANCE ofthe City Council of the Cityof Kent, Washington, amending Title 2 of the Kent City Code, entitled "Administration and Personnel' to: (1) adopt a new chapter 2.50 that establishes general terms and conditions that apply to all appoin- tive boards, committees, and commissions within the city; (2) to amend ex- isting chapters 2.51 through 2.62 that applyto specific appointive boards, committees, and commissions to remove duplicative provisions and allow for consisten- cy with the new general terms and conditions chaptec (3) to add a new chapter 2.58 per- taining to appointments of community represen- tatives to the Valley ln- dependent lnvestigative Team; (4) to add a new chapter 2.63 pertaining to the public facilities disirict of the Kent Spe- cial Events Center and adopting into code provi- sions previously provid- ed for in Ordinance No. 3852; and (5) to add a new chapter 2.64 per- taining to the election of board members to sele the Firefighters Relief and Pension Board. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. Once this ordinance Proofed by Jennifer Tribbett, 0710112021 1 l:45:50 am Page:2 Classified Proof is effective, the term lim- its provided for herein shall apply retroactively to past terms served by appointive commlssion members. All other pro- visions of this ordinanoe shall apply prospectively without any alteralion to the length of any existing term that an appointive commission member is serving. A copy of the complete text of any ordinance will be mailed upon request of the City Clerk. Kimbedey A. Komoto, City Clerk Kkomoto@KentWA.oov 253€56-5725 # 931806 7t9t21 Proofed by Jennifer Tribbett, 07/0112021 I l:45:50 am Page: 3