HomeMy WebLinkAbout4493 ORDINANCE NO. 4493
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 2.80 of
the Kent City Code, entitled "Deferred
Compensation", to update the City's code provisions
concerning the deferred compensation program the
City of Kent makes available to its employees.
RECITALS
A. Through Ordinance No. 2361, adopted on July 6, 1982, the
Kent City Council established a three-member Deferred Compensation Plan
Committee to implement and administer a deferred compensation plan for
qualified employees who choose to participate in that plan. These provisions
were later amended through Ordinance No. 2541, adopted on March 4,
1985, to expand the duties and responsibilities of the Committee. These
ordinances are currently codified at Chapter 2.80 of the Kent City Code.
B. It appears that sometime around 2009, the Deferred
Compensation Plan Committee's membership was increased to five
members, and the employees filling the roles of Chief Administrative Officer,
Finance Director, Human Resources Director, Benefits Manager, and City
Attorney were appointed to serve on the Committee. However, for reasons
unknown, Chapter 2.80 of the Kent City Code was not revised to reflect this
change.
1 Amend KCC 2.80 -
Re: Deferred Compensation
C. This ordinance is largely housekeeping to formally amend
Chapter 2.80 of the Kent City Code to increase the number of members who
shall serve on the Committee, to identify by title the employees who shall
serve as Committee members, and to allow for pro tempore members in the
event a sitting member is unable to attend a particular Committee meeting.
In addition, this ordinance removes reference to specific deferred
compensation plans that are no longer available, and provides more
generally that the available deferred compensation plan shall be the one
selected by the Deferred Compensation Plan Committee.
D. Given the current conflict between existing code provisions and
the existing membership of the Committee, this ordinance is being adopted
on an emergency basis and is intended to apply retroactively back to June
1, 2009, which is when it appears the Committee's membership was first
expanded. To give effect to this intended retroactivity, the Kent City Council
also ratifies through this ordinance all prior actions and approvals adopted
by the Deferred Compensation Plan Committee prior to the effective date of
this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Repeal Existing Chapter 2.80 KCC - Deferred
Compensation. Chapter 2.80 of the Kent City Code, entitled 'Deferred
Compensation," is repealed in its entirety.
SECTION 2. - Adopt New Chester 2.80 KCC - Deferred
Compensation Plan and Committee. Title 2 of the Kent City Code is amended
2 Amend KCC 2.80 -
Re: Deferred Compensation
to adopt a new chapter, Chapter 2.80, entitled "Deferred Compensation Plan
and Committee," as follows:
CHAPTER 2.80
DEFERRED COMPENSATION PLAN AND COMMITTEE
Sec. 2.80.010. Deferred compensation plan fund. There is
hereby created a special fund which shall be designated as the deferred
compensation plan fund into which shall be paid all sums deferred from the
compensation of participants in the plan, and from which all authorized
disbursements shall be made.
Sec. 2.80.020. Committee established, membership, and
meetings.
A. Membership. There is hereby established a deferred compensation
plan committee which shall consist of the following five (5) voting members:
1. Chief administrative officer, who shall serve as the committee
chair and the plan fiduciary;
2. Human resources director;
3. Finance director;
4. Human resources manager in the benefits division of the
human resources department; and
5. City attorney.
Should any incumbent vacate their position for any reason, the
individual appointed to fill that position, either on an interim or indefinite
basis, shall automatically assume the former incumbent's position on the
deferred compensation plan committee.
B. Committee secretary. The human resources director or the director's
designee shall appoint a benefits analyst or management-level employee in
3 Amend KCC 2.80 -
Re: Deferred Compensation
the City's human resources department to serve in a non-voting capacity as
the deferred compensation plan committee's secretary, who shall perform
the duties of that position as provided for by Ch. 2.50 KCC.
C. Pro tempore member. If any member is unavailable for any meeting
of the committee, the member may appoint a designee to attend such
meeting in the member's place. In such event, the designee will serve as a
pro tempore member for that meeting and may vote on all matters before
the committee.
D. Meetinc7s. The deferred compensation plan committee shall meet at
least three (3) times per year as scheduled by the committee's secretary
and committee chair. Meeting minutes will be maintained and should be
distributed to the committee in advance of the next meeting. Meeting
minutes shall be made available upon request to plan participants. Meeting
agendas will include the following:
1. Call to Order;
2. Roll Call or Attendance Sheet;
3. Approval of minutes from previous meeting;
4. Old Business;
5. New Business;
6. Review reports from consultants or service providers;
7. Topical presentations as needed; and
8. Adjourn.
Sec. 2.80.030. Duties and responsibilities. The duties and
responsibilities of the deferred compensation plan committee shall include
without limitation the following:
4 Amend KCC 2.80 -
Re: Deferred Compensation
A. Selection of a deferred compensation plan through which employees
may choose to invest deferred compensation to provide future retirement
income and other deferred benefits;
B. Negotiation of terms applicable to the deferred compensation plan
selected in accordance with this chapter;
C. Governance of the deferred compensation plan and any amendments,
including retaining and contracting with consultants to advise the committee
and administer the deferred compensation plan; and
D. Fiduciary oversight of the deferred compensation plan.
Sec. 2.80.040. Agreements and documents.
A. The committee chair is authorized and directed to sign all necessary
documents to establish, implement, and maintain the deferred
compensation plan chosen by the committee or to otherwise retain
consultants to administer the plan or advise the committee.
B. The deferred compensation plan shall be made available to qualified
employees of the city upon their execution of appropriate applications and
agreements for participation therein.
Sec. 2.80.050. Adoption not endorsement of plan. Authorization
of and the provision for any deferred compensation plan does not constitute
the city's endorsement of the deferred compensation plan or any financial
guarantee by the city.
Sec. 2.80.060. Administrator. The human resources manager for
the benefits division of the city's human resources department shall receive
necessary reports, notices, etc., from the deferred compensation plan
administrator, and shall cast, on behalf of the city, any required votes under
5 Amend KCC 2.80 -
Re: Deferred Compensation
the plan. Administrative duties to carry out the plan may be assigned by the
committee chair to the appropriate City departments.
Sec. 2.80.070. Fund. All sums deferred from the compensation of
participants in the deferred compensation plan, and all authorized
disbursements, shall be through the deferred compensation plan fund,
established in KCC 2.80.010.
SECTION 2. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 4. - Ratification. Through the adoption of this ordinance,
the City Council hereby ratifies and confirms in all respects all prior action
taken by the Deferred Compensation Plan Committee, and all actions taken
by the City and its staff and elected officials in reliance on that prior
Committee action, prior to the effective date of this ordinance, and cures
ministerial defects, if any, related to such prior action.
SECTION 5. - Effective Date. The City Council finds and declares that
an emergency exists which necessitates that this ordinance become effective
immediately in order to preserve the public health, safety, and welfare. This
ordinance, having been adopted by unanimous vote, shall become effective
6 Amend KCC 2.80 -
Re: Deferred Compensation
immediately upon passage, and further shall be considered retroactively
effective as of June 1, 2009. The City Clerk is directed to publish a summary
of this ordinance at the earliest publication date.
rJ5 June 4, 2024
DANA RALPH, MAYJ R Date Approved
ATTEST:
June 4, 2024
U - &
KIMBERLEY kOMOTO, CI kRK Date Adopted
June 7, 2024
Date Published
AP 0 ED AS TO FORM:
TA Y WHITE, CITY ATTORNEY
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7 Amend KCC 2.80 -
Re: Deferred Compensation
Kent Reporter
Affidavit of Publication
State of Washington }
County of King } ss
Rudi Alcott being first duly sworn, upon oath
deposes and says: that he/she is the legal
representative of the Kent Reporter a weekly
newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a weekly newspaper in
King County, Washington and is and always
has been printed in whole or part in the Kent
Reporter and is of general circulation in said
County, and is a legal newspaper, in accordance
with the Chapter 99 of the Laws of 1921, as
amended by Chapter 213, Laws of 1941, and
approved as a legal newspaper by order of the
Superior Court of King County, State of
Washington, by order dated .June 16, 1941, and
that the annexed is a true copy of KEN997147
ORDS 4492, 4493 as it was published in the
regular and entire issue of said paper and not as
a supplement form thereof for a period of 1
issue(s), such publication commencing on
06/07/2024 and ending on 06/07/2024 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$123.13.
Subscribed and sworn before me on this
day of
3
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blic in and for the State of
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Washington.
City of Kent.City Clerk-LECIAL AUS 1504J 1432 �A+"a /a PUBLIC
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Classified Proof
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CITY OF KENT
NOTICE OF
ORDINANCES
PASSED BY THE KENT
CITY COUNCIL
The following are sum-
maries of ordinances
passed by the Kent City
Council June 4,2024.
ORDINANCE NO. 4492
-AN ORDINANCE of the
City Council of the City
of Kent,Washington,ap-
proving the consolidating
budget adjustments
made between January
1, 2024 and March 31,
2024,reflecting an over-
all budget increase of
$15,317,550. This ordi-
nance shall take effect
and be in force five days
after publication, as pro-
vided by law.
ORDINANCE NO. 4493
-AN ORDINANCE of the
City Council of the City
of Kent, Washington,
amending Chapter 2.80
of the Kent City Code,
entitled "Deferred
Compensation", to up-
date the City's code pro-
visions concerning the
deferred compensation
program the City of Kent
makes available to its
employees. The City
Council finds and de-
clares that an emergen-
cy exists which necessi-
tates that this ordinance
become effective imme-
diately in order to pre-
serve the public health,
safety,and welfare.This
ordinance, having been
adopted by unanimous
vote, shall become ef-
fective immediately upon
passage, and further
shall be considered ret-
roactively effective as of
June 1, 2009. The City
Clerk is directed to pub-
lish a summary of this
ordinance at the earliest
publication date.
Proofed by Jennifer Tribbett,05/30/2024 03:36:18 pm Page: 2
Classified Proof
A copy of the complete
text of any ordinance will
be mailed upon request
of the City Clerk.
Kimberley A. Komoto,
City Clerk
Kkomoto@KentWA.gov
253-856-5725
KEN997147
617/24
Proofed by Jennifer Tribbett,05/30/2024 03:36:18 pin Page: 3