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.
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DATE: June 1, 2021
TO: City Council Workshop
SUBJECT: Transportation Sustainability
SUMMARY: Staff will present an update on Transportation Sustainability.
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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)
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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:
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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.
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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)
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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.
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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.
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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.
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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.
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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
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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;
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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;
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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:
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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.
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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.
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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
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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
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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.
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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
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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;
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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;
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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.
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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.
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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.
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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.
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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;
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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.
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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
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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.
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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.
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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.
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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.
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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
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