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HomeMy WebLinkAboutCity Council Meeting - Council Workshop - Regular Agenda - 06/01/2021 KENT CITY COUNCIL WORKSHOP AGENDA Tuesday, June 1, 2021 5:00 p.m. THIS IS A REMOTE MEETING Due to COVID-19 and Health Safety Requirements, and by Order of the Governor, this is a remote meeting A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 910 9000 7884 Mayor Dana Ralph Council President Toni Troutner Councilmember Bill Boyce Councilmember Marli Larimer Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas ************************************************************** Item Description Speaker Time 1 Transportation Sustainability Dave Brock 45 MIN. Rob Brown 2 Boards and Commissions Ordinance Derek Matheson 45 MIN. Tammy White Unless otherwise noted, Council will hold workshops to discuss pending local and regional issues at 5 p.m on each regular council meeting day, except when a regular or special council meeting occurs at or before 5:30 p.m. For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or email CityClerk@kentwa.gov Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1. 3/2 DATE: June 1, 2021 TO: City Council Workshop SUBJECT: Transportation Sustainability SUMMARY: Staff will present an update on Transportation Sustainability. Qbdlfu!Qh/!3 3/3 DATE: June 1, 2021 TO: City Council Workshop SUBJECT: Boards and Commissions Ordinance SUMMARY: Chief Administrative Officer, Derek Matheson and Deputy City Attorney, Tammy White will review with Council a draft ordinance that addresses appointive boards and commissions. ATTACHMENTS: 1. Ordinance-Boards and Commissions (PDF) Qbdlfu!Qh/!4 3/3/b ORDINANCE NO. AN ORDINANCEof 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 2.50that 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 conditionschapter;(3) to add a new chapter 2.58 pertaining to appointments of community representatives to the Valley Independent Investigative Team; (4) to add a new chapter 2.63 pertaining to the public facilities district of the Kent Special Events Centerand 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. B. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!5 3/3/b ORDINANCE SECTION 1.–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 2.50, entitled “Appointive Boards, Commissions, and Committees,” as follows: CHAPTER2.50 APPOINTIVE BOARDS, COMMISSIONS, AND COMMITTEES Sec. 2.50.010. 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 commission” means an agency, 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, unlessotherwise provided by this chapter or state law. Commented \[TWhite1\]: This provides that Ch. 2.50 KCC is Sec. 2.50.020. Applicability of chapter.The provisions of this the default for all appointive commissions unless the chapter specific to a particular commission provides otherwise. chapter shall apply to each appointive commission created by the city If the chapter specific to a particular commission is silent on an council, except as may otherwise be provided for by another provision of issue, Ch. 2.50 KCC will fill the gap. 2 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!6 3/3/b 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. 2.50.030. 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 Commented \[TWhite2\]: This section clarifies the role of authority to act unless such authority has been expressly delegated to them appointive commissions by the mayor or city council. Sec. 2.50.040. Actions.An action of an appointive commission done by motion at a regular or special meeting and approved by amajority vote of those present, when those present constitute a quorum, is deemed to be an action of the appointive commission. Sec. 2.50.050. 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: (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 noticeof meetings, recording meeting minutes, retaining commission records and providing them to the city clerk as requested, and providing those other duties provided for by Commented \[TWhite3\]: Provides that the City staff person this chapter; and (2) provide adequate space and facilities and necessary assigned to the commission will serve as the secretary to prepare agendas, provide notice, compile minutes, and maintain records. supplies to facilitate the official business of the appointive commission. Sec. 2.50.060. Appointments. Members of an appointive Commented \[TWhite4\]: All members will be appointed by Mayor and confirmed by Council, with limited exceptions for those commissions where Council has appointive authority (LTAC and commission are appointed by the mayor and confirmed by the city council. PFD) 3 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!7 3/3/b A.Qualifications. 1.Eligible appointees shall be persons of mature judgment and ability to analyze and consider matters within the purview of the relevant Commented \[TWhite5\]: General qualification requirement. 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. 2.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 Commented \[TWhite6\]: -Eligible age for “youth such position, the mayor may appoint a non-youth applicantto the available representative” position. -Formerly, the youth representative was one of high school age. Staff recommends broadening this to age 24 and younger. 3.Except as otherwise provided in this title, members of an -Allows appointment of non-youth applicant if no qualified youth appointive commission must reside or work within the cityor be a student representative is available. Commented \[TWhite7\]: Must live or work in Kent to be attending a school within the Kent School District. eligible for appointment. Added “or be a student within the Kent School District” to reach those youth representatives who may live outside of city limits, but may attend a school within the Kent B.Process. School District. 1.In obtainingan applicant pool from which to make mayoral Students from other school districts would be eligible due to their residence within Kent city limits even though they may be in another school district (i.e. Federal Way School District, Auburn School appointments, the mayor will utilize a recruitment process that seeksto District, Highline School District). 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 c.Sufficiently inform the public of the available Commented \[TWhite8\]: Council’s goals for recruitment opportunity. 4 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!8 3/3/b 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; b.Published notices in a print or online newspaper; c.Emailsor posts to appropriate professional associations; d.Notifications to local diversity and equity inclusion Commented \[TWhite9\]: What notice will be given of available offices, including educational and community-based organizations. opportunities C.Review and recommendation by council. Applications for mayoral appointmentsmay be reviewed upon request by any member of the city Commented \[TWhite10\]: Restates ability of council to review council, who may also suggest the mayor review or consider an applicant any application 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 yearand consulted again in the futureas 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 Commented \[TWhite11\]: -Provides applications will be kept or new applications received. on-file for at least 1 year -Allows applications to be re-consulted when opportunity arises— E.Staggered terms. In making an appointment, the Mayor may elect to can select from those applications, can do new recruitment, and can pick from old or new. appoint an applicant to an inaugural term that is shorter in length than the Commented \[TWhite12\]: Grants flexibility as to the length of full term authorizedunder KCC 2.50.060.F. in order to ensure any appointment made to allow for staggered terms if appropriate to help balance experience with fresh perspective. representation on any appointive commission is appropriately balanced with experienced members and new members. 5 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!9 3/3/b F.Alternate member permissive. The mayor may appoint one or more Commented \[TWhite13\]: Allows one or more alternate alternates to any appointive commission. positions to be created on any commission -Allows alternate to serve in pro tem capacity if sitting member 1.Multiple Alternates. If more than one alternate serves on any absent from any meeting -Allows alternate to automatically move into vacant member appointive commission, the alternates shall be ranked according to their position should one become available length of service as an alternate on the commission, with the alternate who May create challenges for some commissions (due to special qualification requirements (LTAC); election requirement (LEOFF 1 has the greater length of service being given a higher rank in priority to the disability board; FF relief and pension board); or statutorily set membership number (civil service commission)) duties provided by this subsection. 2.Pro tempore Authority. An alternate will serve in a nonvoting capacitywhen 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 Commented \[TWhite14\]: If more than onealternate, alternate subsection at any meeting of anappointive commission. with greater length of service will have first priority to act as pro tem or to promote to vacant member seat. 3.Promotion to Member Position. Should a position as a regular -If more than one alternate has the same length of service—chair will determine who will act as pro tem at any meeting, and mayor member on the appointive commission become available during the will determine who will promote to vacant member seat. alternate’s term, the alternate will assume that position as a regular Seemed appropriate to give the commission chair more definitive authority to decide the issue if there’s a tie so the meeting can be member without any further council confirmation required. In the event two timely conducted, while reserving promotion decision for Mayor in the event there is a tie in length of service. 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 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. 6 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!: 3/3/b G.Terms of office. The term of office for members appointed to an Commented \[TWhite15\]: Provides that default term is 3 years appointive commission shall be three years, except as provided below. (exceptions made in specific chapters for Civil Service Commission (4 years) (state law requirement), Cultural Communities Board (2 1.Members of an appointive commission may only serve up to years), HS Commission (4 years), and Arts Commission (4 years). two consecutive terms, except for those members appointed to an inaugural Commented \[TWhite16\]: Established term limits by default of term that is less than three years in length. If a member was appointed to 2 consecutive 3-year terms (6 years max). Exceptions made in specific chapters for Disability Board, Firefighters’ Relief and an inaugural term that was less than three years in length, then that Pension Board, LUPB, and PFD. member shall be permitted to serve two consecutive three-year terms after Cultural Communities Board has term limit of 3 2-year terms the inaugural term expires. 2.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 Commented \[TWhite17\]: Circumstances when term limits will continue serving on the appointive commission. not prohibit continued/renewed service 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 Commented \[TWhite18\]: When an alternate promotes to a appointment as a regular member. The mayor may then appoint a new member position, their 3-year term will begin anew. alternate member consistent with the process that applies to original appointments as provided for in this chapter. 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. 7 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!21 3/3/b 5.The term limits provided for in this section shall not apply to any alternate memberposition, or to regular members serving on the disability board, the land use and planning board,the civil service commission, the special events public facilities district, or the firefighters’ Commented \[TWhite19\]: Term limits will not apply to relief and pension board. alternate members or to regularmembers serving on these commissions. 6.This section shall in no way serve to limit the number of terms a sitting councilmember may serve on an appointive commission. Sec. 2.50.070. Compensation.Members of an appointive commission shall serve without compensation. Sec. 2.50.080. 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 Commented \[TWhite20\]: Requires a member to disqualify deliberations and the decision-making process with respect to the matter. themselves from deliberations and voting on an issue if they have a conflict of interest Sec. 2.50.090. 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 Commented \[TWhite21\]: Identifies the 2 positions each chair, who shall preside in the absence of the chair. The chair and vice chair commission must elect from its members—a chair and a vice chair. shall be elected annually. The secretary of each appointive commission shall Commented \[TWhite22\]: Identifies that the secretary of each be the city administrative support personnel appointed under KCC 2.50.050. commission is the appointed staff person. 1.The chair shall perform the following duties: Commented \[TWhite23\]: Sets out the chair’s duties—follows bylaws for Parks Commission a.Set the appointive commission’s agenda, in coordination with the vice chair, the secretary, and the city department liaison if different Commented \[TWhite24\]: Intended to refer to key from the secretary; administrative manager who really drives and directs work of each commission (Julie/Ronda/Merina; Erin/Hayley) b.Preside over all meetings of the appointive commission, preserve order and decorum, decide all questions of order and conduct the 8 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!22 3/3/b 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’smeetings; 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 havethe same authority and duties as the chair. Commented \[TWhite25\]: Sets out the vice-chair’s duties 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. b.Assist the chair as requested; 9 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!23 3/3/b 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 temporeor 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 Commented \[TWhite26\]: If both chair and vice-chair are is selected shall serve as the acting chair pro tempore. unavailable and the chair was not able to appoint someone else, this section provides the longest-serving member will chair the meeting 4.The secretary of the appointive commission will be the staff as a pro tem. member appointed under KCC2.50.050 to assist the appointive If 2 members have the same longevity, the secretary will select by lottery, in the presence of 2 witnesses, one of the eligible members commission. The secretary is not a member of the appointive commission to serve as chair pro tem. Commented \[TWhite27\]: Sets out the duties of the staff person and shall have no voting rights. The secretary shall perform the following appointed as secretary. duties: a.Attend all meetings of the appointivecommission 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; 10 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!24 3/3/b 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 electionof 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 Commented \[TWhite28\]: Allows each commission to adopt its regulationsmay not alter the provisions of this chapter. own bylaws or rules to supplement these provisions, but they will not be able to alter these provisions. 11 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!25 3/3/b 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 Commented \[TWhite29\]: Provides each commission flexibility information to the city clerk. to determine their meeting schedule. Some established meeting schedules were previously set out in code. 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 Commented \[TWhite30\]: While meetings not required to be apply to matters before the appointive commission for actionat such open to public, they will be. meetings. Unless notice to the contrary is given by an appointive Even if OPMA does not apply, its notice provisions may be followed in giving notice of meetings of the appointive commissions. commission, all meetings shall occur at city hall, located at 220 Fourth Avenue South. Commented \[TWhite31\]: This section generally follows the 3.Remote attendance or remote meetings.Amember may provisions Council set for its own meetings, but it recognizes there may be some technological limitations when it comes to attend a commission meeting remotelyby telephone or videoconferencing, accommodating boards/commissions (due to meeting location and ability of IT staff to accommodate) as technology in the particular meeting location may accommodate. A Limitations: member’s remote attendance is permitted for the benefit of conducting City -3x per year -2 members at a time (or a stated percentage?), not incl. member not business and not for the personal benefit of a memberand may be limited attending due to medical issue. -First come, first served basis by the City’s available equipment and technical support. -Must have all materials, and be able to see/be seen/communicate w/others. -Shall notify chain and secretary; must be noted on record and in a.Members may attend remotely a maximum of three minutes -Ifdeclared ER, can hold remote meeting w/o physical location in meetingsper calendar year; provided, the commission may by majority vote accordance w/requirements of OPMA, as may be altered under terms of declared ER allow a member to attend additional meetings remotely in excess of three per year due to medical or other factors beyond the control of the member. b.Members who wish to attenda meeting remotely shall notify the chair and the secretary at least three business days in advance of their desire to attend remotely. 12 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!26 3/3/b c.A member’s remote attendance shall be verbally noted on the record during the meeting and in the official minutes of the meeting. d.No more than two members may remotely attend the same meeting; provided a member not attending due to medical issues will not count as one of the two members described in this section. The availability of attending a particular meeting remotely shall be on a first come, first served basis. e.A member attending 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 Commented \[TWhite32\]: States minimum required to meeting in real timeas if physically in attendance at the meeting.A member participate remotely—possess all materials and able to hear and speak in real time (i.e. by telephone) who only observes the meeting remotely without complying with the above requirements will not be deemed in attendance. f.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. g.In the eventofan 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. 13 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!27 3/3/b 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. Commented \[TWhite33\]: Sets guidelines that govern the G.Conduct of members.All members serving on an appointive conduct of commission members. 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 control 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. 14 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!28 3/3/b H.Public comment. While the public may attend meetings of an appointive commission, the meetings are those of the commission itself and 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. 2.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 Commented \[TWhite34\]: Clarifies that the meetings are for the appointive commission as a whole and not any member individually. commission to conduct its business, does not require that the public be allowed to comment, but allows the chair discretion in the event they want to allow public comment. I.Public Demeanor. No one shall use any impertinent, degrading, or Commented \[TWhite35\]: Provides guidance for commission as to that behavior that does not need to be tolerated and when a slanderous language directed to the chair, appointive commission members, person could be removed. 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 15 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!29 3/3/b return to their seat or may remove any person for disruptive behavior at an appointive commission meeting. Commented \[TWhite36\]: Explains how voting is to occur. 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. 2.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 ofthe appointive commission who abstains from voting, or who otherwise remains silent during a vote or enters a blank Commented \[TWhite37\]: Changes default under Robert’s ballot, will be deemed to have not casted a vote on that item. An abstention Rules that abstentions are recorded as “no” votes. will not count as a vote, either in favor of, or in opposition to, any motion. 8.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. 16 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!2: 3/3/b Action of the appointive commission may be shared with the city council, the mayor, or city staff. Sec. 2.50.100. Minutes.Minutes are to be taken of each appointive commission meeting by the administrative support personnel appointed under KCC 2.50.040, who shalldistribute copies to each commission member and the city clerk. Sec. 2.50.110. Political affiliations and use of public facilities Commented \[TWhite38\]: Provides guidance that public for political purposes.Members of appointive commissions are selected facilities cannot be used to support/oppose ballot propositions or candidates. without respect to political affiliations. Whilemembers are free to discuss Commissions, unlike Council, cannottake action to express a actions of council, the mayor, and city administration at their meetings, they collective decision to support/oppose any ballot proposition. 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. 2.50.120. Quorum.A majority of the then-current membership of an appointive commission shall constitute a quorum for the 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. 17 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!31 3/3/b Commented \[TWhite39\]: The provisions here are a blend of Sec. 2.50.130. Removal from office.The mayor may remove a existing provisions re: Parks Commission and LUPB 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 Commented \[TWhite40\]: These removals are reserved for the city council. Council because they hold the original appointive authority. Commented \[TWhite41\]: i.e. a resident of Kent; special A.A member ceases to have the qualifications required for the position qualification requirements for civilservice commission and lodging tax advisory board. 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 Commented \[TWhite42\]: Performance of duty in improper of duty, misfeasanceor malfeasancein office, includingwithout limitation: manner 1.Intentionally disrupting commission proceedings, including Commented \[TWhite43\]: Wrongful conduct; commission of unlawful act 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. 4.Disclosing confidential information gained by reason of the member’s membership on the appointive commission or otherwise using such information for themember’s personal gain or benefit. C.Upon the joint recommendation of the appointive commission’s chair and thedirector of the city department who supports the commission. 18 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!32 3/3/b Any decision to remove a member of an appointive commission shall be final, and there shall be no appeal. Sec. 2.50.140. Reports.An appointive commission may make a full Commented \[TWhite44\]: Allows the commission to present a report in writingto the chief administrative officer of its transactions and report to the CAO (could be either on their own or at the CAO’s request) expenditures, if any, for the preceding year and such general recommendations as to matters covered by its prescribed duties and Commented \[TWhite45\]: Now included under new section re: authority as may seem proper. qualifications Sec. 2.50.150. Vacancies.Membership vacancies in an appointive commission, otherwise than through expiration of term, shall be filled in Commented \[TWhite46\]: Provides that if there is an alternate, accordance with KCC 2.50.060.G. the alternate is promoted to the regular member position and a new 3-year term commences; if no alternate, than the Mayor will appoint a new regular member to serve unexpired term. SECTION 2.–Amendment–Title 2, Revise Chapter 2.51 Re: Civil Service Commission (Police).Chapter 2.51of the Kent City Code, entitled “Civil Service Commission of the Police Department”, is hereby amended as follows: CHAPTER 2.51 CIVIL SERVICE COMMISSION OF THE POLICE DEPARTMENT Sec. 2.51.010. 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 three (3) members who shall be appointed by the mayorin accordance with the provisions provided for in Chapter 2.50 KCC,except as those provisions are modified by the following provisions specific to the civil service Commented \[TWhite47\]: Special qualification requirements commissionas provided for by RCW 41.12.030. set by state law The following qualifications apply to members of the civil service commission: 19 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!33 3/3/b 1.Membersmust be citizensof the United States; 2.Membersmust be residentsof the City of Kent for at least three (3) years immediately preceding such appointment; 3.Members must be electorsof King County; 4.Members shall serve 6year terms;and 5.At the time of any appointment, not more than two members 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 41.12 RCW. SECTION 3.–Repealer -Title 2, Chapter 2.52 Re: Civil Service Commission (Fire).Chapter 2.52 of the Kent City Code, entitled “Civil Commented \[TWhite48\]: Repealing this chapter since it no Service Commission of the Fire Department,” is hereby repealed in its longer applies in Kent due to RFA entirety. SECTION 4.–Amendment–Title 2, Chapter 2.53 Re: Human 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. 2.53.010030.Created.The city human services commission is hereby created. The commission shall serve in an advisory capacity to the mayor and city council, and is subject to the general commission provisions provided for under Chapter 2.50 KCC,except as those provisions are modified by thefollowing provisions specific to the Human Services Commission. 20 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!34 3/3/b Sec. 2.53.020040.Membership, terms, residence requirements. A.Number of members. The membership of the human services commission shall be 10 members, in addition to a council representative appointed by the council presidentand, to the extent reasonably practicable, ayouth representative as provided for in KCC 2.53.060.A.2.andanoptional Commented \[TWhite49\]: Removed because alternates are alternate.Members are to be appointed by the mayor and confirmed by the addressed in the general provisions under Ch. 2.50 KCC. city council, with the exception of the council representative, who shall be appointed to the commission by the council president. Each member of the commission shall have an equal vote in decisions of the commission, except for the alternate, tThe youth representative,and the appointed council representative,all of whom shall serve in nonvoting capacities. B.Alternate member. An alternate may be appointed to the commission by the mayor and confirmed by the city council. Once appointed and confirmed, the alternate will serve in a nonvoting capacity when all regular members are present at a meeting of the human services commission. When a regular member of the human services 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 commission. Should a position as a regular member on the human services commission become available during the alternate’s term, the alternate will assume that position Commented \[TWhite50\]: Addressed in new general chapter as a regular member without any further council confirmation required. KCC 2.50 C.B.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. 21 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!35 3/3/b 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. 2.3.The commission shall include at least one youth representative, to the extent reasonably practicable,of high school age and one council member representative. 3.4.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. c.If an alternate becomes a regular member of the human services commission, the individual’s three-year term will begin anew upon appointment as a regular member. d.When a vacancy occurs during a commissioner’s current term, the alternate will assume that position as a regular member without any further council confirmation required. The mayor shall then appoint, subject to council confirmation, a new alternate commissioner. Sec. 2.53.050.Organization and meetings.The human services commission shall elect a chairperson and chair-elect from among its voting members. At the end of the current chairperson’s term, the chair-elect will become the chairperson, and the commission will then elect from its members a new chair-elect. At the end of each year, the then chair-elect 22 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!36 3/3/b will assume the chairperson role and a new chair-elect would be elected. These officers shall hold office for one (1) year. The mayor shall appoint appropriate staff to assist the commission in the preparation of those reports and records as are necessary for the proper operation of the commission. Commented \[TWhite51\]: Addressed in new general chapter The commission shall meet upon call of the chairperson, as necessary. KCC 2.50. Sec. 2.53.030060. 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. 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 Commented \[TWhite52\]: Under RCW 67.28.1817(1), LODGING TAX ADVISORY COMMITTEE appointive authority rests with the legislative body, not the mayor (unless the legislative body were to delegate appointive authority to the mayor). Sec. 2.54.010.Created.There is hereby created the lodging tax advisory committee. The committee shall serve in an advisory capacity to 23 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!37 3/3/b the mayor and city council, and is subject to the general commission provisions provided for under Chapter 2.50 KCC,except as those provisions are modified by the following provisions specific to the lodging tax advisory committee. Sec. 2.54.020.Membership.The lodging tax advisory committee Commented \[TWhite53\]: RCW 67.28.1817 is veryspecific shall consist of nine members as follows: about composition of commission: -Equal in numbers of those req’d to collect tax, and those whose activities are eligible to be funded by tax; A.Four members appointed by the city council who are representatives -If eligible to serve as representative for one, not eligible to serve as representative for the other. of businesses required to collect tax under Chapter 67.28 RCW; -Council member is designated chair 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 67.28.1817(1), as amended, the city council shall review the membership of the lodging tax advisory committee at leastonce Commented \[TWhite54\]: Moved from 2.54.030.B., which is annually, and shall make changes as appropriate. being deleted, and seems to be more appropriately included in this section anyways. Although appointments to the lodging tax advisory committee are made by the city council and not the mayor, council appointments shall be made Commented \[TWhite55\]: Indicates that although appointments following completion of arecruitment process consistent with KCC 2.50.060. are made by Council, they will utilize the same recruitmentefforts available to the Mayor. In addition,Oorganizations representing businesses required to collect tax under Chapter 67.28 RCW,and organizations involved in activities authorized to be funded by revenue received under said tax,as well as local agencies involved in tourism and promotion,may submit recommendations Commented \[TWhite56\]: Moved from existing KCC 2.54.030, for membership on the committee. which is being deleted. This provision is a requirement of state law. 24 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!38 3/3/b Sec. 2.54.030.Terms. A.All members appointed pursuant to KCC 2.54.020 shall serve three- year terms. All current members of the committee as of December 30, 2015, shall continue to retain their staggered three-year terms, as shall their successor appointees, pursuant to OrdinanceNo. 3417. The two additional members appointed by the city council, as authorized by Ordinance No. Commented \[TWhite57\]: This is addressed in the general 4176, shall serve three-year terms each. Organizations representing provisions, KCC 2.50.060.F., which provides for 3-year terms and indicates term limits will apply. businesses required to collect tax under Chapter 67.28 RCW and organizations involvedin activities authorized to be funded by revenue received under said tax as well as local agencies involved in tourism and promotion may submit recommendations for membership on the committee. B.Pursuant to RCW 67.28.1817(1), as amended, the city council shall review the membership of the lodging tax advisory committee at least once annually, and shall make changes as appropriate. Sec. 2.54.030040.Responsibilities.The lodging tax advisory committee shall make reports and recommendations to the mayor and city council as follows: 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 25 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!39 3/3/b which the proposal will affect the long-term stability of the fund created under RCW 67.28.1815. SECTION 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. 2.55.010.Creation.There is created a disability board having jurisdiction over police officers and firefighters as provided for in RCW Commented \[TWhite58\]: This board relates to LEOFF Plan I 41.26.110 et seq.,which is subject to the general commission provisions members. provided for under Chapter 2.50 KCC,except as those provisions are modified by the following provisions specific to the disability board. Commented \[TWhite59\]: Statutorily required composition, Sec. 2.55.020.Membership.The disability board shall consist of RCW 41.26.110. the following members: 1.Two (2) members of the city council to be appointed by the mayor; 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; 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; 26 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!3: 3/3/b 4.One (1) member from the public at large who resides within the city to be appointed by the otherfour (4) duly appointed and elected members heretofore designated. Sec. 2.55.030.Terms of office.All members appointed or elected Commented \[TWhite60\]: This 2 year term will apply over the pursuant to KCC 2.55.020 shall serve a two (2) year term.No term limits 3 year term provided for in KCC 2.50.060.F. This 2 year term is specifically called out by statute, RCW 41.26.110(1)(a). shall apply to a member’sappointment. Commented \[TWhite61\]: I assume we would not want term limits to apply as I think there have been past difficulties finding eligible folks to serve on this board. However, if term limits are to Sec. 2.55.040.Compensation.The members of the disability board apply, let me know and I’ll remove this reference. 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. Sec. 2.55.050.Organization –Rules and regulations – Meetings.The disability board shall elect from its membership a chairperson who shall serve a one (1) year term. The chairperson shall be entitled to succeed himself in office unless the chairperson is not reappointed or reelected to a new term. The disability board shall adopt operating rules and procedures and shall meet at such time and place as such rules and Commented \[TWhite62\]: Covered under the general regulations shall provide. provisions. Sec. 2.55.050060.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. 27 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!41 3/3/b 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. 2.56.010.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, subject to the general provisions applicable to boards and commissions as provided for under Chapter 2.50 KCC,except as those provisions are modified by the following provisions specific to the culturalcommunities board. 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. Sec. 2.56.030.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 for 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. 28 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!42 3/3/b 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 memberswho shall be appointed by the mayor and confirmed by the city council, two of whom which will 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 city volunteers without compensation. Each member of the board shall have an equal vote in recommendations from the board. Sec. 2.56.050.Terms of appointment.All members appointed to the board shall serve twoone-year terms. Members may only serve up to three consecutive terms. A person who is ineligible to serve for having served three 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 Commented \[TWhite63\]: Circumstances when term limits will commission. not prohibit continued/renewed service 29 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!43 3/3/b A member may be reappointed by the mayor and confirmed by the council to successive one-year terms. The board chair shall be appointed annually Commented \[TWhite64\]: Increase 1-year term, to 2-year by the board’s members. terms, but term limits are proposed to be 3, so it will be the equivalent cap that applies to the other commissions. Sec. 2.56.060.Staffing.The mayor will appoint appropriate staff to assist the board in the preparation of any reports and records as are necessary for the operation of the board. Sec. 2.56.070.Meetings.The board shall meet upon the call of the mayor or chair, as necessary, but no less than once a quarter. Sec. 2.56.080.Attendance and vacancies.At any meeting of the board, the board may recommend to the mayor removal of any member who misses three consecutive meetings without being excused by the board upon an affirmative vote of a majority of the board. To fill unexpired terms, replacement appointments will be made as necessary by the mayor and confirmed by the city council. Appointments made to fill vacancies will be made to fill the portion of the unexpired term. 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. 2.57.010.Creation.There is hereby created the land use and planning board, which is subject to the general provisions applicable to boards and commissions as provided for under Chapter 2.50 KCC,except as those provisions are modified by the following provisions specific to the Land Use and Planning Board. 30 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!44 3/3/b Sec. 2.57.020.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, the mayor shall consider appointments from residents residing at different Commented \[TWhite66\]: Moved from existing KCC locations within the city.The term limits provided for in KCC 2.50.060.G.do 2.57.020.E. which is deleted below, deferring to the general provisions in KCC 2.50. not apply to members of the landuse and planning board., each of whom Commented \[TWhite65\]: Removed term limits so they will not shall be appointed by the mayor and confirmed by the city council. apply to LUPB members Appointments shall be deemed confirmed if not acted on within thirty (30) days following the mayor’s submittal of his or her nomination to the council president. B.The terms of office of the members of the land use and planning board shall be three (3) years. When a vacancy occurs on the land use and planning board, appointment for that position shall be for three (3) years, or for the remainder of the unexpired term, whichever is the shorter period of time. All new terms shall expire on December 31st of the last year of the term. No more than three (3) termsmay expire in any given year. C.Initial appointments shall be as follows: 1.Two (2) seats for a one (1) year term. 2.Two (2) seats for a two (2) year term. 3.Three (3) seats for a three (3) year term. All appointments thereafter shall be for three (3) year terms. D.Members of the land use and planning board may be dismissed by the mayor for missing twenty-five (25) percent or more of the regularly scheduled meetings in a twelve (12) month period without such absence 31 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!45 3/3/b being excused by the board, for inefficiency, for neglect of duty, for a finding by the land use and planning board of a member’s violation of any code of conduct established by the board, or for misfeasance or malfeasance in office. E.As authorized pursuant to RCW 35.21.200, all appointees to the land use and planning board shall be residents of the city of Kent. When making the appointments, the mayor shall consider appointments from residents residing at different locations of the city. F.The appointed members of the land use and planning board shall serve without compensation except that reimbursement for authorized travel and subsistence may be made to the extent such may be budgeted for by the city council. Reimbursement for such shall come from the city budget category designated land use and planning board, travel and mileage and subsistence. Sec. 2.57.030.Organization, meetings and rules. A.The land use and planning board shall elect a chairperson and vice- chairperson from among its members which terms shall expire December 31st each year. The secretary of the land use and planning board shall be the planning manager. The secretary shall set the land use and planning board agenda for workshops and public hearings, prepare minutes which may be takenfrom electronic recording of public hearings, and keep such records as are necessary for the property operation of the board, all of which shall be a matter of public record. B.The land use and planning board shall conduct at least one (1) regular meeting each month for conducting general business, hearings, and other related business, except when there is not an agenda item to be considered 32 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!46 3/3/b or heard, in which case the land use and planning board secretary shall notify the board members, the local press and post a notice at the place the land use and planning board regularly meets, stating that due to a lack of business a meeting is cancelled. The land use and planning board shall establish and operate under a set of bylaws, which bylaws shall prescribe the rules of procedure for public hearings and workshops and a code of conduct for its members. The time and place of regular and special meetings, including workshops, shall be established by the bylaws. Sec. 2.57.030040.Duties and responsibilities. A.The land use and planning board shall operate as part of the planning Economic and Community Development Department office 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 formulationand amendments which have been prepared and submitted to the board by the Economic and Community Development Departmentplanning office. The land use and planning board, after holding one (1) or more public hearings on these matters, shall refer 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. 33 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!47 3/3/b Sec. 2.57.040050.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, Chapter 2.58 Re: Valley 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. 2.58.010.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 139-12 WAC, for the purposes of establishing a process for the Commented \[TWhite67\]: We’ve kept the provision broad to independent investigation of incidentsinvolving police officers.VIIT includes avoid the need for subsequent ordinances every time state law or the VIIT policies change. law enforcement representatives from each member agency, together with Ch. 139-12 WAC pertains to investigations of police deadly non-law enforcement community representativeswho are, in accordance force incidents. with WAC 139-12-030,appointed by the police chiefs of each member VIIT operational policies broaden independent investigations to include: agency. A.Officer involved uses of deadly force that result in death, substantial bodily harm, or great bodily harm; Sec. 2.58.020. Non-law enforcement community B.In-custody deaths or life-threatening injuries; representatives–Qualifications,Duties, Appointment, and Term. C.Death or life-threatening injuries of a police employee; and D.Other matters as the VIIT executive board may direct. 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 Commented \[TWhite68\]: Qualifications required by Ch. 139- confidentiality agreement at the beginning of any investigation that will 12 WAC 34 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!48 3/3/b 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 confidentiality agreement, non-law enforcement community representatives will perform those duties as provided for by Chapter 139-12 WAC and VIIT’s Commented \[TWhite69\]: Again, we’ve kept these duties broad organizational and operational guidelines. to avoid the need for a correcting ordinance when the law or policies change in this regard. C.Provisions governing appointmentof non-law enforcement Currently, these duties include: 1.Assisting VIIT in the selection of law enforcement community representativesto serve VIIT. investigators who are assigned to VIIT after January of 2021. 2.Completing a conflict of interest statement within 72 hours of referral of an incident to VIIT for investigation; 1.Chapter 139-12 WAC currently provides that independent 3.Reviewing conflict ofinterest statements submitted within 72 hours of the commencement of an investigation by VIIT; investigative teams must include at least two non-law enforcement 4.Being present at briefings with an involved agency’s police chief; community representatives. Under the mutual aid agreement that governs 5.Having access to and reviewing the VIIT investigation file; 6.Being provided with a copy of all press releases and VIIT operations, each member agency, acting through its respective police communications to the media prior to release; and 7.Reviewing notifications of equipment use of the involved chief, may appoint one or more non-law enforcement community agency. representativesfrom their respective jurisdictions to serve on VIIT, which Commented \[TWhite70\]: Kent has appointed and confirmed 2 appointmentsmay be subject tofurther approval by the VIIT executive board. The number of community representatives appointed from any jurisdiction and selected to serve VIIT will be at the discretion of each agency’s police chief and the VIIT executive board. 2.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 Commented \[TWhite71\]: Recruitment should be transparent in seeking individuals qualified to serve. and accomplish council goal in KCC 2.50.060. 3.Community representative appointments will be recommended by the police chief, made by themayor, and presented to the city council for confirmation. 35 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!49 3/3/b 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 by non-law enforcement community representatives shall be as the law or VIIT operational policies and procedures provide. SECTION 10.–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 Commented \[TWhite72\]: Update RFA name PUGET SOUND KENT FIRE DEPARTMENT REGIONALFIRE AUTHORITY GOVERNING BOARD Sec. 2.59.010.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 formally changed its name to the Puget Sound Regional Fire Authority. The regional fire authority plan provides that the Kent city council shall appoint three (3) of its membersto serve on the governing board of the Puget Sound Kent Fire Department Regional Fire Authority. This chapter shall govern appointment of the Kent city council representatives to serve on the Puget Sound Kent Fire Department Regional Fire Authority governing board. The term governing boardas used in this chapter shall mean the Puget Sound Kent Fire Department Regional Fire Authority governing board. 36 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!4: 3/3/b Sec. 2.59.020.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. 2.59.030.Terms of appointment–Initial term –Regular terms.The initial term for governing board members shall run from July 1, 2010, through December 31, 2011. All other terms 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. 2.59.040.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. 2.59.050.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 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 heor 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 37 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!51 3/3/b the regular governing board member becomes available to perform his or her duties. SECTION 11.–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. 2.60.010.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 administrativeorofficer, and city staff, and are subject to the general provisions applicable to boards and commissions as provided for under Chapter 2.50 KCC, except as those provisions are modified by the following provisions specific to the Parks and Recreation Commission. Sec. 2.60.020.Membership, terms, residence requirements. A.Number of members. The membership of the city parks and recreation commission shall consist of 12 members., in addition to an optional Commented \[TWhite73\]: Deleted provisions addressed in alternate. Members are to be appointed by the mayor and confirmedby the KCC 2.50 city council. Each member of the commission shall have an equal vote in decisions of the commission, except for the alternate, who will serve in a nonvoting capacity. B.Alternate member. An alternate may be appointed to the commission by the mayor and confirmed by the city council. Once appointed and confirmed, the alternate will serve in a nonvoting capacity when all regular members are present at a meeting of the parks and recreation commission. 38 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!52 3/3/b When a regular member of the parks and recreation 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 commission. Should a position as a regular member on the parks and recreation commission become available during the alternate’s term, the alternate will assume that position as a regular member without any further council confirmation required. C.Terms of office. The term of office for commissioners shall be for three years, except for the initial terms as provided below. 1.Commissioners may only serve up to two consecutive terms, except for those commissioners appointed to an inaugural term that is less than three years in length. If, however, a commissioner was appointed to an inaugural term that was less than three years in length, then that commissioner shall be permitted to serve two consecutive three-year terms after the inaugural term expires. 2.The term of office of the first six commissioners appointed and confirmed shall expire December 31, 2015; the term of the second six commissioners appointed and confirmed shall expire December 31, 2016; the term of office of the final four commissioners appointed and confirmed shall expire December 31, 2017. 3.When a vacancy occurs on the parks and recreation commission, the alternate will assume that position as a regular member without any further council confirmation required. If the alternate becomes a regular member of the parks and recreation commission, the individual’s three-year term will begin anew upon appointment as a regular member. The mayor shall then appoint, subject to council confirmation, a new alternate commissioner. 39 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!53 3/3/b BD.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 shall reflect a balance and diversity of users of and interests in Kent’s parks and recreation services, and should shall include one youth representativeof high school age who lives within the city’s municipal boundaries. E.Removal. The mayor may remove members from the parks and Commented \[TWhite74\]: Deleted provisions addressed in recreationcommission in the following instances: KCC 2.50 1.A commissioner resigns from the commission; or 2.A commissioner is absent from more than two consecutive regular meetings; or 3.A commissioner is absent four times within any 12-month period; or 4.Upon the joint recommendation of the commission’s chair and the parks and recreation director. Any decision to remove a commissioner shall be final, and there shall be no appeal. Sec. 2.60.030.Organization and meetings. A.Election of officers. The parks and recreation 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. A majority of the parks and recreation commission members shall constitute a quorum for the transaction of business, and a majority of the votes cast shall be necessary to carry any motion. 40 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!54 3/3/b B.Rules and regulations. The parks and recreation commission may adopt bylaws, rules, and regulations as necessary for the conduct of its business. C.Meeting schedule. The parks and recreation commission shall provide a regular meeting schedule, including time, place, and frequency of meetings as necessary, but noless frequent than once a month. The parks and recreation commission may, from time to time, provide for special meetings in accordance with Chapter 42.30 RCW. Although not required for an advisory committee, all meetings of the commission will be open tothe public, in accordance with Chapter 42.30 RCW, the Open Public Meetings Act. D.Staffing. The mayor will appoint appropriate staff to assist the parks and recreation commission in the preparation of any reports and records as are necessary for the properoperation of the commission. E.Documentation. The parks and recreation commission shall adopt procedures to ensure minutes of the meeting are recorded and a monthly summary of minutes of meetings is recorded along with all decisions. Sec. 2.60.030040.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; 41 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!55 3/3/b C.Budget recommendations for the acquisition, development, and operation of parks, facilities, and programs; D.Policy recommendations; E.Comprehensive parks and trails planning; F.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; 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. 42 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!56 3/3/b SECTION 12.–Amendment–Title 2, Chapter 2.61 Re: Arts Commission.Chapter 2.61 of the Kent City Code, entitled “Arts Commission”, is hereby amended as follows: CHAPTER 2.61 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 and commissions as provided for under Chapter 2.50 KCC, except as those provisions are modified by the following provisions specific to the arts commission. Sec. 2.61.020.Purpose.The city arts commission and staff may, 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 commission shall be 14 members, in addition to a and an optional alternate. Membersare to be appointed by the mayor and confirmed by the city council, with the exception of the council representative, who shall be appointed to the commission by the council president. Each member of the commission shall have an equal vote in decisions of the commission, except for the alternate and appointed council representative, who shall serve in a nonvoting capacityies. Sec. 2.61.040.Alternate member.An alternate may be appointed to the commission by the mayor and confirmed by the city council. Once appointed and confirmed, the alternate will serve in a nonvoting capacity when all regular members are present at a meeting of the arts commission. 43 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!57 3/3/b When a regular member of the arts 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 commission. Should a position as a regular member on the arts commission become available during the alternate’s term, the alternate will assume that position as a regular member without any further council confirmation required. Sec. 2.61.040050.Term of appointment.With respect to the members appointed and confirmed to serve on the commission, the following provisions shall apply: 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 representativeof high school age who attends a Kent school or lives within the city’s municipal boundaries. Commented \[TWhite75\]: This 4-year term will apply over the C.All members appointed shall serve four-year termsor the unexpired default 3-year term in new Ch. 2.50 KCC. balance of the term for which appointed, whichever is the lesser period, with the following exceptions: 1.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. 2.The council representative shall be appointed to a one-year term. 44 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!58 3/3/b 3.If an alternate becomes a regular member of the arts commission,the individual’s four-year term will begin anew upon Commented \[TWhite76\]: Alternates are addressed in the new appointment as a regular member. general provisions of KCC 2.50. Sec. 2.61.060.Officers –Meetings.The city arts commission shall elect its officers, including a chairperson, vice-chairperson, and such officers as it may deem necessary. Such persons shall occupy their respective offices for a period of one year. The arts commission shall hold regular public meetings at least monthly. Sec. 2.61.070.Rules –Minutes.The city arts commission shall adopt rules for the transaction of business and shall keep written minutes of its proceedings, which minutes shall be a public record. Sec. 2.61.050080.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. SECTION 13.–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: CHAPTER 2.62 KENT BICYCLE ADVISORY BOARD Sec. 2.62.010.Created.There is hereby created the Kent bicycle advisory board, which is subject to the general provisions applicable to boards and commissions as provided for under Chapter 2.50 KCC, except as those provisions are modified by the following provisions specific to the bicycle advisory board. 45 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!59 3/3/b 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. The Such 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 members., each of whom shall be appointed by the mayor and confirmed by the city council. The board shall serve under the direction of the mayor subject to council directives, and shall receive technical support from city staff. B.Terms of office. The term of office for board members shall be two years. Board members may serve multiple terms. 1.Positions on the board shall be identified by a number from one through 11. The term of the odd-numbered positions shall start on April 1st of the odd-numbered year and end March 31st of the next odd-numbered year. The even-numbered positions shall start April 1st of the even- numbered year and end March 31st of the next even-numbered year. 2.Board members, when appointed to fill a vacancy prior to the end of a term, will be assigned to fill the vacant position and serve the remaining Commented \[TWhite77\]: General provisions in Ch .2.50 KCC time identified for that position. will apply BC.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; 46 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!5: 3/3/b 2.Bicycle dealers; 3.Organizations concerned with safety; 4.Representatives of business organizations; 5.Interested private citizens concerned with urban cycling issues. Sec. 2.62.040.Duties and responsibilities of board. A.As an advisory board, the board may make reports and recommendations to the mayor, city council, and city staffon matters related to bicycling, including:The board shall review proposals concerning bicycling and bicyclists in the city and advise the mayor and city council, representatives from the city departments and offices who are so delegated by the department director. Engineering staff or other city staff may provide technical assistance and provide input as needed. B.The board shall: 1.Assistingin the formulation of Kent’s comprehensive bikeway plan. 2.Reviewingproposals and plans for spot improvements and bikeways. 3.Promotingebicycling as a viable form of urban transportation. 4.Promotingeimproved 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.Developingpossible 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. 47 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!61 3/3/b SECTION 14.–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 Commented \[TWhite78\]: Incorporates appointment provisions SPECIAL EVENTS CENTER PUBLIC FACILITIES DISTRICT adopted under Ordinance No. 3852 and ILA between Kent and PFD Sec. 2.63.010.Creation and Purpose.Through its adoption of Ordinance No. 3852 onAugust 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 wasestablished for the sole purpose of pursuing the design, construction, ownership, operation and financing of the KentSpecial 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 35.57.010(4), the public facilities district is a municipal corporation, an independent taxing authority within the meaning of Article 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 to regulation 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 asufficient applicant pool 48 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!62 3/3/b from which the city council may make appointments to an available board Commented \[TWhite79\]: The PFD is an independent of director position. municipal corporation and the City is limited in its ability to direct it operations. Sec. 2.63.020.Board of Directors. The Council does appointment members to the PFD’s board of directors, and as such, Ch. 2.50 KCC cancontrol creation of the recruitment pool from which the Council selects its appointees, to the extent allowed by RCW 35.57 RCW (see limitations below in A.Membership.As required by RCW 35.57.010, as may subsequently be KCC 2.63.020.A.). 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 directorsappointedbased 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 Commented \[TWhite80\]: Composition set by RCW 35.57.010. council. Commented \[TWhite81\]: Set by RCW 35.57.010. B.Term of membership. Directors shall serve four-year terms, and are not subject to the term limits provided for in KCC 2.50.060.F. Sec. 2.63.030. Treasurer and Staff. Pursuant to Ordinance No. 3852 and the interlocal agreementbetween the city and the public facilities district, the following provisions apply: A.The city’s finance director shall serve as treasurer of the public facilities district, and shall prepare, maintain, and provide financial reports 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 facilitiesdistrict’s board of directors may require. B.The city shall provide a meeting place for the public facilitiesdistrict’s board of directors and shall provide staff support for board of director meetings. 49 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!63 3/3/b Sec. 2.63.040. Bylaws. 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 cityand the public facilities district. SECTION 15.–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 Commented \[TWhite82\]: New chapter—this board was FIREFIGHTERS’ RELIEF AND PENSION BOARD previously not discussed in code, though it has long since existed. Sec. 2.64.010. Purpose.Beginning March 1, 1970, 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 Firefighters’ Retirement System. When the Puget Sound Regional Fire Authority was formed, the city retained the firefighters’ pension fund established in accordance with Chs. 41.16 and 41.18 RCW and the responsibility to make required pension benefitsto eligible participants. 50 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!64 3/3/b Commented \[TWhite83\]: Composition is determined by state Sec. 2.64.020. Membership. law 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.Acouncilmember appointed by the council president, 4.Two regularly employed or retired firefighters elected by secret ballot of those employed and retired firefighterswho are subject to the jurisdiction of the board, and 5.Afirefighter 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. The term limits provided for in KCC 2.50.060.F. shall not apply or otherwise hinder a firefighter’s eligibility for election to a board position. 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. 41.16, 41.18, 41.26, and 52.26 RCW; 2.The widow or widower of a firefighter subject to the jurisdiction of the board. Commented \[TWhite84\]: The below are provisions required Sec. 2.64.030. Officers. by state law A.Chair. The mayor shall serve as the chair of the Firefighters’ Relief and Pension Board. 51 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!65 3/3/b 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 may, but need not be, a member of the board. Commented \[TWhite85\]: State law provisions 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. 41.16 and 41.18 RCW. SECTION 16.–Severability.If any one or more section, subsection, or sentence of this ordinance isheld 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 17.–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 referencesto other local, state,or federal laws, codes, rules, or regulations. 52 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!66 3/3/b SECTION 18.–Effective Date.This ordinance shall take effect and be in force thirtydays from and after its passage,as provided by law. DANA RALPH, MAYORDate Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERKDate Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 53 Amend Title 2 of the Kent City Code Re: Appointive Boards,Commissions& Committees Qbdlfu!Qh/!67