Title 2

ADMINISTRATION

 

UPDATED:  June 16, 2017

Chapters:

2.04      SERVICE OF PROCESS ON COUNTY

2.08      OFFICE HOURS

2.10      PERFORMANCE, MANAGEMENT AND ACCOUNTABILITY

2.12      MAINTENANCE OF PERMANENT RECORDS*

2.14      PUBLIC ACCESS TO ELECTRONIC RECORDS AND INFORMATION

2.15      CITIZEN AND IMMIGRATION STATUS

2.16      ADMINISTRATIVE OFFICES AND EXECUTIVE DEPARTMENTS

2.18      DIRECTOR OF ELECTIONS

2.20      COUNTY AUDITOR

2.21      CLAIMS AGAINST COUNTY

2.22      DEPARTMENT OF COMMUNITY AND HUMAN SERVICES

2.28      MEMBERSHIP ON BOARDS, COMMISSIONS AND COMMITTEES

2.29      NATURAL RESOURCES BOARDS, COMMISSIONS AND COMMITTEES

2.30      WOMEN’S ADVISORY BOARD

2.32      ADMINISTRATIVE AND ADVISORY BOARDS

2.34      BOARD OF APPEALS AND EQUALIZATION

2.35      KING COUNTY BOARD OF HEALTH

2.35A   DEPARTMENT OF PUBLIC HEALTH

2.36      COMMITTEES

2.37      WASHINGTON STATE PUBLIC STADIUM AUTHORITY

2.38      WASHINGTON STATE MAJOR LEAGUE BASEBALL STADIUM FACILITIES DISTRICT

2.39A   HOTEL-MOTEL SPECIAL SUPPORT PROGRAM

2.40      KING COUNTY AGRICULTURE COMMISSION

2.41      KING COUNTY RURAL FOREST COMMISSION

2.42      HARBORVIEW MEDICAL CENTER

2.43      BEHAVIORAL HEALTH SYSTEM

2.45      KING COUNTY ACTIVE SPORTS AND YOUTH RECREATION COMMISSION

2.46      PUBLIC ART PROGRAM

2.48      CULTURAL PROGRAMS

2.49      CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY

2.51      KING COUNTY FRAMEWORK POLICIES FOR HUMAN SERVICES

2.52      KING COUNTY OFFICE OF CITIZEN COMPLAINTS/TAX ADVISOR

2.53      CITIZENS' ELECTIONS OVERSIGHT COMMITTEE

2.55      SECTION 504/ADA ADVISORY COMMITTEE

2.56      EMERGENCY MANAGEMENT*

2.58      EMERGENCY RADIO COMMUNICATION SYSTEM

2.59      PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS TELEVISION CHANNELS

2.60      PUBLIC DEFENSE

2.62      INTERROGATION OF JUVENILES IN CUSTODY

2.68      DISTRICT COURT DISTRICT PLAN

2.69      SUPERIOR COURT OF KING COUNTY

2.70      DISTRICT COURT ‑ MERIT SELECTION PROCESS

2.72      COUNTY PRISONERS

2.73      RECOVERY OF INCARCERATION COSTS

2.75      LAW ENFORCEMENT OVERSIGHT

2.80      GIFTS, BEQUESTS AND DONATIONS TO COUNTY

2.84      INTERNATIONAL TRADE EXPANSION AND ECONOMIC DEVELOPMENT

2.88      HOUSING AUTHORITY - FEDERALLY ASSISTED PROGRAMS

2.92      SAFETY AND WORKER'S COMPENSATION PROGRAM

2.93      PROCUREMENT

2.96      PURCHASING*

2.97      CONTRACTING OPPORTUNITIES PROGRAM

2.98      RULES OF COUNTY AGENCIES

2.99      FEES CHARGED BY COUNTY AGENCIES

2.100   CODE INTERPRETATIONS OF DEVELOPMENT REGULATIONS

2.110   KING COUNTY FLOOD CONTROL ZONE DISTRICT

2.120   FERRY DISTRICT

2.124   TRANSIT PUBLIC INVOLVEMENT

2.130   MENTAL ILLNESS AND DRUG DEPENDENCY ADVISORY COMMITTEE

2.140   FORECAST COUNCIL

2.200   SEATTLE-KING COUNTY TAXICAB ADVISORY COMMISSION

2.300   WASHINGTON STATE CONVENTION CENTER PUBLIC FACILITIES DISTRICT

 

2.04    SERVICE OF PROCESS ON COUNTY

 

Sections:

         2.04.010      Service of summons upon council clerk.

 

            2.04.010  Service of summons upon council clerk.  For the purpose of service of summons on King County under provisions of RCW 4.28.080, the person to be served is the clerk of the county council.  (Ord. 13, 1969).

 

2.08    OFFICE HOURS

Sections:

         2.08.010      Office hours specified - notice.

 

            2.08.010  Office hours specified - notice.

            A.  All county offices shall remain open for the transaction of public business as follows:

              1.  Open on Monday through Friday of each week from eight-thirty a.m. to four-thirty p.m., except where accommodations can be made, as determined necessary by the county chief administrative officer, to provide services to the public on a reduced or alternative basis and not in conflict with union contracts;

              2.  Closed on Saturdays, Sundays and all legal holidays; and

              3.  Closed on designated furlough days in the case of an emergency budget crisis.

            B.  If an emergency budget crisis is proclaimed and ratified or declared under K.C.C. 3.12F.020 and a budget furlough has been ordered, the executive shall notify the public that county offices are closed by posting the information on the county buildings or offices that are closed, by posting a notice on the Internet, by advertising in the official county newspaper and by issuing press releases.  (Ord. 16735 § 2, 2009:  Ord. 16339 § 2, 2008:  Ord. 376 § 1, 1970).

 

2.10    PERFORMANCE, MANAGEMENT AND ACCOUNTABILITY

(Formerly PERFORMANCE, STRATEGY AND BUDGET)

 

Sections:

         2.10.014      Intent - policy - compounds.

         2.10.020      Definitions.

         2.10.034      Agencies - duties.

         2.10.044      Vision and policy priorities - transmittal for adoption by ordinance.

         2.10.054      Strategic innovation priorities - annual report and motion – use of results - intent.

         2.10.064      Business plans.

         2.10.074      Biennial motion regarding vision and policy priorities and strategic innovation priorities.

         2.10.084      Performance management advisory committee.

         2.10.094      Interbranch team to support performance management advisory committee.

         2.10.104      Cross functional strategic team for each vision and policy priorities goal.

         2.10.114      Vision and policy priorities report - notice - contents.

         2.10.124      Annual audit of vision and policy priorities goals.

         2.10.200      Fair and just principle of 2011-2014 countywide strategic plan - purpose - K.C.C. 2.10.200, 2.10.210, 2.10.220 and 2.10.230.

         2.10.210      Fair and just principle - definitions.

         2.10.220      Fair and just principle - actions to achieve.

         2.10.230      Fair and just principle - intent - not basis of private right of action.

         2.10.300      Strategic plan - approved and adopted. 

         2.10.310      Strategic plan - as framework to be reviewed and refined – performance and accountability group.

         2.10.400      Intergovernmental financing partnerships for civil or cultural facilities - review - criteria.

 

            2.10.014  Intent - policy - components.

            A.  It is the intent of the King County council to establish within the county government a performance management and accountability system that ensures an ongoing, systematic approach to improving county governmental operations and ensures government program results through a system of strategic planning, evidence-based decision making, continuous performance improvement and a focus on accountability in the achievement of prioritized goals.

            B.  The performance management and accountability system shall:

              1.  Engage the public and county leadership in the development of countywide priorities;

              2.  Demonstrate achievement in meeting the county's goals;

              3.  Increase the ability of county managers and staff to continuously improve performance and customer service and to assess program effectiveness; and

              4.  Assist county elected leaders in making policy and budget decisions in support of county goals and objectives.

            C.  The performance management and accountability systems shall consist of:

              1.  A system of strategic planning including:

                a.  vision and policy priorities;

                b.  strategic innovation priorities; and

                c.  business plans;

              2.  The King County budget as authorized under K.C.C. chapter 4A.100;

              3.  A system of implementation, performance measurement and continuous improvement consistent with authorities and responsibilities of the King County Charter; and

              4.  Regular reporting and evaluation of results.  (Ord. 17929 § 1, 2014: Ord. 17834 § 2, 2014).

 

            2.10.020  Definitions.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

            A.  "Activities" means the specific, measurable processes, products and services implemented by an agency to achieve strategies and objectives.

            B.  "Agency" means the council administration and independent offices of the legislative branch, the executive branch, including departments, divisions and offices, the prosecuting attorney, the superior court, the district court, the sheriff, the assessor, the department of elections and the office of economic and financial analysis.

            C.  "Business plan" means the strategic planning documents that articulates the proposed activities and resources necessary to achieve specific targets for an agency during a prospective six to ten year period.

            D.  "Cross-functional strategic teams" means the leadership teams charged with coordinating achievement of each of the goals of the vision and policy priorities.

            E.  "Goals" means the statements of direction, purpose or intent that describe the future state or result to be achieved.

            F.  "[Guiding principles" means the values that reflect the beliefs about the roles and responsibilities of an agency and its employees.]*

            G.  "Measure" means a quantitative value, characteristic or metric used to track the internal or external performance of objectives, strategies and actions.

            G.  "King County" or "countywide" means all county agencies and executive branch departments and offices.

            H. "Mission" means the statement that identifies the county's or agency's purpose or reason for existing that will guide its actions and strategies in the achievement of its vision.

            I. "Objectives" means a statement of the specific, measureable results stated to achieve a goal.  Objectives inform the development of strategies and activities.

            J.  "Performance measurement" means [collecting, analyzing and reporting data with regard to the performance of an agency, objectives, strategies, activities, programs, or services.]*

            K.  "Result" means the outcome of a program, service, set of activities or strategy used to describe the impact of the activity or strategy as it relates to meeting goals, objectives and strategies.

            L.  "Strategic innovation priorities" means the prioritized cross-functional strategic planning efforts or activities that that have the greatest likelihood of advancing the goals identified in the vision and policy priorities.  Strategic innovation priorities are:

              1.  The county's immediate planning priorities for the next biennium that will require significant cross-functional planning and resource coordination;

              2.  Reflected in the subsequent executive's proposed budget and council adopted budget; and

              3.  Based on recommendations of the council and in consideration of the recommendations of the cross-functional strategic teams.

            M.  "Strategies" means the specific, measureable systems, methods and approaches to achieving an objective.  Strategies guide the development of activities and the products and services delivered to achieve the strategy.

            N.  "Target" means a desired number or level related to a performance measure that the county or an agency is striving to achieve through activities, strategies and objectives.

            O.  "Vision" means the statement that identifies what the county or agency strives to be in the future through the achievement of its goals and objectives.

            P.  "Vision and policy priorities" means the high-level statement of long-range strategic goals and priorities for King County government, generally with a ten to twenty-year planning horizon, that are used countywide to prioritize decision making, business planning and resource allocation.

            Q.  "Vision and policy priorities reporting" means the biennial, public reporting on the county's results in achieving the targets of the goals and objectives of the vision and policy priorities.  (Ord. 17834 § 3, 2014:  Ord. 16960 § 3, 2010:  Ord. 16391 §13, 2009:  Ord. 16308 § 1, 2008:  Ord. 16202 § 2, 2008:  Ord. 11980 § 2, 1995).

 

Reviser's note:  Added but not underlined as required by K.C.C. 1.02.075 in Ordinance 17834, Section 3.

 

            2.10.034  Agencies - duties.

            A.  Agencies shall use the process in this chapter to develop vision, mission, goals, objectives, strategies and activities.

            B.  In carrying out this section, agencies shall:

              1.  Regularly engage the public to identify and provide feedback on countywide priorities;

              2.  Work collaboratively with other agencies and between the legislative and executive branches to develop prioritized goals, objectives and strategic innovation priorities while respecting separate authorities established in the King County Charter;

              3.  Annually measure and report on how well it is meeting its goals, objectives and targets;

              4.  Use performance measurement for planning, evaluation, continuous improvement and resource allocation;

              5.  Use results to support continuous organizational evaluation and improvement in collaboration with the workforce rather than punitive purposes; and

              6.  Implement the performance management and accountability system consistent with the fair and just principle under K.C.C. 2.10.210 through 2.10.230.  (Ord. 17834 § 4, 2014).

 

            2.10.044  Vision and policy priorities - transmittal for adoption by ordinance.

            A.  The vision and policy priorities include the county's:

              1.  Vision;

              2.  Mission;

              3.  Guiding principles;

              4.  Goals;

              5.  Objectives; and

              6.  Measures and targets for each objective.

            B.  The executive shall transmit the vision and policy priorities for adoption by ordinance.  (Ord. 17834 § 5, 2014).

 

            2.10.054  Strategic innovation pirorites - annual report and motion - use of results - intent.

            A.  The executive shall transmit a report and motion of the recommended strategic innovation priorities by March 31 of each budget adoption year.

            B.  The results of strategic innovation priority planning may result in implementation strategies and performance management recommendations for integration into business plans, as well as recommendations for updates to the vision and policy priorities.

            C.  It is council's intent that no more than six separate strategic innovation priorities shall be identified for any budget period.  (Ord. 17834 § 6, 2014).

 

            2.10.064  Business plans.

            A.  Each agency shall develop a business plan, which shall include:

              1.  Policies and prioritization criteria affecting implementation, including, but not limited to, operational, facilities, asset management, technology and climate action;

              2.  The agency's results for each of its targets for the last two years and, as available, ten-year results trends;

              3.  Strategies and actions to be implemented;

              4.  Specific results and targets to be achieved for the period of the business plan;

              5.  Identification of the operational and capital resources necessary to deliver strategies and actions, including facilities and technology for the period of the business plan;

              6.  A financial plan for the period of the business plan;

              7.  A two-year implementation plan, including detail regarding strategies and actions, additional capital resources, proposed fund expenditures and estimated revenues and targets to be achieved; and

              8.  Analysis of alternatives considered and the estimated costs, as well as the criteria used to evaluate alternatives to accomplish goals and objectives.

            B.  Each business plan must align to the vision and policy priorities, as well as reflect policies contained in other county planning documents adopted by ordinance.

            D.  Business plans shall be transmitted with the executive's proposed budget consistent with K.C.C. K.C.C. chapter 4A.100.  (Ord. 17929 § 2, 2014:  Ord. 17834 § 7, 2014).

 

            2.10.074  Biennial motion regarding vision and policy priorities and strategic innovation priorities.

            A.  By February 28 of each budget adoption year, the council shall adopt a motion regarding the vision and policy priorities and strategic innovation priorities.

            B.  The motion shall reflect:

              1.  The council's review of the vision and policy priorities report required by subsection 12*; and

              2.  A review with the separately elected officials of results, trends and emerging issues related to achieving the vision and policy priorities.  (Ord. 17834 § 8, 2014).

 

Reviser's note:  "subsection 12" is apparently erroneous.  "Section 12 of this ordinance" was apparently intended.  Ordinance 17834, Section 12, was codified as K.C.C. 2.10.114.

 

            2.10.084  Performance management advisory committee.

            A.  A county performance management advisory committee shall be established to facilitate legislative and executive branch collaboration and to review and make recommendations to the executive and the council regarding the performance management and accountability system.

            B.  The committee shall consist of:

              1.  The chair of the council, who shall serve as cochair of the committee;

              2.  The chair of the council's budget and fiscal management committee or its successor;

              3.  The chair of the council's committee of the whole; and

              4.  The executive, who shall serve as cochair of the committee.

            C.  The committee is charged with review of and making recommendations to its members' respective branch of government for the:

              1.  Vision and policy priorities and recommendations of the corresponding cross-functional strategic teams;

              2.  Strategic innovation priorities;

              3.  Performance results reporting; and

              4.  Opportunities for cross-branch performance management and accountability system collaboration.

            B.  The committee shall work on a consensus basis, respecting that recommendations of the committee are not binding.  (Ord. 17834 § 9, 2014).

 

            2.10.094  Interbranch team to support performance management advisory committee.

            A.  An interbranch team shall be established to support the performance management advisory committee.

            B.  The interbranch team shall consist of:

              1.  Up to three staff designated by the executive;

              2.  Up to three staff designated by the chair of the council;

              3.  One member of each cross-functional team, as designated by each team; and

              4.  The county auditor as an ex officio member.

            C.  The interbranch team shall be cochaired by one of the executive and chair of the council designees.

            D.  The deputy county executive and council chief of staff shall serve as advisors to the interbranch team.  (Ord. 17834 § 10, 2014).

 

            2.10.104  Cross functional strategic team for each vision and policy priorities goal.

            A.  A cross functional strategic team shall be established for each of the goals identified in the vision and policy priorities.

            B.  Cross functional strategic teams shall:

              1.  Annually review the internal and external performance and financial data, trends and capabilities associated with achieving its goal and objectives;

              2.  Identify opportunities or conditions that have a likelihood of affecting the county's achievement of its goal and objectives;

              3.  Identify solutions and coordinate the achievement of its goal and objectives;

              4.  Make recommendations to the performance management advisory committee for the results, measures and targets of its goal and objectives;

              5.  Facilitate cross-agency collaboration and alignment of strategies and activities to improve efficiency and effectiveness;

              6.  Transmit to the executive and members of the performance advisory interbranch team an annual goal report summarizing the results, challenges and opportunities by July 31 of each year.

            C.  For each goal, the team shall consist of:

              1.  The separately elected officials or their designees responsible for implementing the strategies and activities of the goal;

              2.  The executive-designated department or division directors responsible for implementing the strategies and activities of the goal;

              3.  One staff designated by the executive; and

              4.  One staff designated by the council.

            D.  The office of performance, strategy and budget, shall convene and facilitate the teams, as charged by the performance management advisory committee.  (Ord. 17834 § 11, 2014).

 

            2.10.114  Vision and policy priorities report - notice - contents.

            A.  The executive shall post the vision and policy priorities report on the county's website and transmit a vision and policy priorities report by September 30 of each non-budget adoption year.  The report shall be filed in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the paper original and distribute electronic copies to all councilmembers and separately elected officials.

            B.  The vision and policy priorities report, produced by the office of performance, strategy and budget, shall reflect the results identified in business plans and reports transmitted by the cross functional strategic teams as identified in K.C.C. 2.10.104.  The report shall include, at a minimum, an evaluation of:

              1.  The status of achieving the stated goals and objectives; and

              2.  The effectiveness of the strategies and activities in achieving goals and objectives.  (Ord. 17834 § 12, 2014).

 

            2.10.124  Annual audit of vision and policy priorities goals.

            A.  The auditor shall annually conduct an audit of at least one goal of the vision and policy priorities in order to assess the county's effectiveness and efficiency in achieving its goals and objectives.

            B.  The audits shall include, at a minimum, an assessment of:

              1.  The stated goals, objectives and strategies;

              2.  The effectiveness of the strategies and activities in producing the desired results;

              3.  The measures and measurement of target achievement; and

              4.  The relationship between resource allocation and achievement of results.

            C.  The audits shall also include findings consistent with the achievement the goal.  (Ord. 17834 § 13, 2014).

 

            2.10.200  Fair and just principle of 2011-2014 countywide strategic plan - purpose - K.C.C. 2.10.200, 2.10.210, 2.10.220 and 2.10.230.  Through adoption of the King County Strategic Plan 2010-2014:  Working Together for One King County, King County has transformed its work on equity and social justice from an initiative to an integrated effort that applies the countywide strategic plan's principle of "fair and just" intentionally in all the county does in order to achieve equitable opportunities for all people and communities.  K.C.C. 2.10.200, 2.10.210, 2.10.220 and 2.10.230 establishes definitions and identifies the specific approaches necessary to implement and achieve the "fair and just" principle that is embedded as a core element of the goals, objectives and strategies of the countywide strategic plan.  (Ord. 16948 § 1, 2010).

 

            2.10.210  Fair and just principle - definitions.  The definitions in this section apply throughout K.C.C. 2.10.200, 2.10.210, 2.10.220 and 2.10.230 unless the context clearly requires otherwise.

            A.  "Community" means a group of people who share some or all of the following:  geographic boundaries, sense of membership, culture, language, common norms and interests.

            B.  "Determinants of equity" means the social, economic, geographic, political and physical environment conditions in which people in our county are born, grow, live, work and age that lead to the creation of a fair and just society.  Access to the determinants of equity is necessary to have equity for all people regardless of race, class, gender or language spoken.  Inequities are created when barriers exist that prevent individuals and communities from accessing these conditions and reaching their full potential.  The determinants of equity are:

              1.  Community economic development that supports local ownership of assets, including homes and businesses, and assures fair access for all to business development and business retention opportunities;

              2.  Community and public safety that includes services such as fire, police, emergency medical services and code enforcement that are responsive to all residents so that everyone feels safe to live, work and play in any neighborhood of King County;

              3.  A law and justice system that provides equitable access and fair treatment for

all;

              4.  Early childhood development that supports nurturing relationships, high-quality affordable child care and early learning opportunities that promote optimal early childhood development and school readiness for all children;

              5.  Education that is high quality and culturally appropriate and allows each student to reach his or her full learning and career potential;

              6.  Equity in county practices that eliminates all forms of discrimination in county activities in order to provide fair treatment for all employees, contractors, clients, community partners, residents and others who interact with King County;

              7.  Food systems that support local food production and provide access to affordable, healthy, and culturally appropriate foods for all people;

              8.  Health and human services that are high quality, affordable and culturally appropriate and support the optimal well-being of all people;

              9.  Healthy built and natural environments for all people that include mixes of land use that support:  jobs, housing, amenities and services; trees and forest canopy; and clean air, water, soil and sediment;

              10.  Housing for all people that is safe, affordable, high quality and healthy;

              11.  Job training and jobs that provide all residents with the knowledge and skills to compete in a diverse workforce and with the ability to make sufficient income for the purchase of basic necessities to support them and their families;

              12.  Neighborhoods that support all communities and individuals through strong social networks, trust among neighbors and the ability to work together to achieve common goals that improve the quality of life for everyone in the neighborhood;

              13.  Parks and natural resources that provide access for all people to safe, clean and quality outdoor spaces, facilities and activities that appeal to the interests of all communities; and

              14.  Transportation that provides everyone with safe, efficient, affordable, convenient and reliable mobility options including public transit, walking, car pooling and biking.

            C.  "Equity" means all people have full and equal access to opportunities that enable them to attain their full potential.

            D.  "Equity and social justice foundational practices" means those practices that can increase the county's influence on access to the determinants of equity when applied to the county's actions in:  siting and delivery of services; policy development and decision making; education and communication within county government; and community engagement and partnerships.  Equity and social justice foundational practices are goals for all governmental actions; across countywide strategic plan goals, objectives and strategies; and across agencies, programs and services.  The equity and social justice foundational practices are efforts that enable King County government to:

              1.  Raise and sustain the visibility of the countywide strategic plan's "fair and just" principle and equity and social justice values, policies and foundational practices;

              2.  Increase focus on the determinants of equity in order to make progress in the elimination of the root cause of inequities;

              3.  Consider equity and social justice impacts in all decision-making so that decisions increase fairness and opportunity for all people, particularly for people of color, low-income communities and people with limited English proficiency or, when decisions that have a negative impact on fairness and opportunity are unavoidable, steps are implemented that mitigate the negative impacts;

              4.  Foster an organizational culture that promotes fairness and opportunity;

              5.  Collaborate across agencies, departments and other organizations;

              6.  Build capacity to engage all communities in a manner that:  promotes and foster trust among people across geographic, race, class and gender lines; results in more effective policies, processes and services; and supports communities' efforts to develop solutions.

            F.  "Fair and just" means the county serves all residents by promoting fairness and opportunity and eliminating inequities through actions to which equity and social justice foundational practices are applied.

            G.  "Inequity" means differences in well-being that disadvantage one individual or group in favor of another.  These differences are systematic, patterned and unfair and can be changed.  Inequities are not random; they are caused by past and current decisions, systems of power and privilege, policies and the implementation of those policies.

            H.  "Social justice" means all aspects of justice, including legal, political and economic, and requires the fair distribution of public goods, institutional resources and life opportunities for all people.  (Ord. 16948 § 2, 2010).

 

            2.10.220 Fair and just principle - actions to achieve.  To achieve the fair and just principle embedded within the countywide strategic plan goals, objectives and strategies, the executive shall:

            A.  Apply equity and social justice foundational practices to county actions and endeavor to integrate these practices into the county's:  strategic, operational and business plans; management and reporting systems for accountability and performance; and budgets in order to eliminate inequities and create opportunities for all people and communities;

            B.  Establish an interbranch team to facilitate accountability of and coordination by all branches, departments, agencies, and offices of county government regarding implementation of the fair and just principle of the countywide strategic plan.  The executive shall designate a department or agency to colead the effort.  The interbranch team shall be composed of the directors or their designees of all branches, departments, agencies and offices of county government.  The interbranch team shall support the county's application of equity and social justice foundational practices through:

              1.  Development of analytical tools to support all branches' departments and agencies in identifying the equity impacts of policies and decisions and ways in which to amplify positive impacts and mitigate negative impacts;

              2.  Development of guidelines which can be implemented across all branches' departments and agencies for outreach, communication and community engagement to improve the scope and effectiveness of county efforts to ensure that all communities receive information and have the opportunity to shape county policies and services;

              3.  Identifying focus areas and supporting the development of policies and actions that improve fairness and opportunity in county government organizational practices, including all employment practices such as hiring, training, retention and promotion and business practices such as contracting, procurement and grant writing;

              4.  Providing a forum for exchange of information and identification of opportunities for collaboration across branches' departments and agencies on equity and social justice foundational practices; and

              5.   Supporting the identification of annual work plans by branches' departments and agencies on application of equity and social justice practices, including the items listed in subsection B.1. through 5. of this section; and

            C.  Design and publish an annual report for King County elected leadership, employees and the public on the status and trends in equity in the county and measures of accountability for work plans and results related to implementation of K.C.C. 2.10.200, 2.10.210, 2.10.220 and 2.10.230.  (Ord. 16948 § 3, 2010).

 

            2.10.230  Fair and just principle - intent - not basis of private right of action.  It is the intent of the council that K.C.C. 2.10.200, 2.10.210, 2.10.220 and 2.10.230 is a general statement of county policy that cannot form the basis of a private right of action.  (Ord. 16948 § 4, 2010).

 

            2.10.300  Strategic plan - approved and adopted.  The King County Strategic Plan, 2010-2014, Attachment A to 16897*, is hereby approved and adopted.  (Ord. 16897 § 1, 2010).

 

*Available in the King County Archives.

 

            2.10.310  Strategic plan - as framework to be reviewed and refined - performance and accountability group.

            A.  The King County Strategic Plan, 2010-2014 provides a broad policy and management framework to unify and inform decision making across all branches of King County government.  To be most effective in this function, the King County Strategic Plan, 2010-2014 must be a dynamic document that is reviewed and refined as implementation actions are taken.

            B.  To provide leadership and guidance, and to promote unified approaches to implementing the countywide strategic plan, the county shall convene a performance and accountability group to ensure that the strategies in the plan are successfully addressing the mission, vision, principles and goals of the plan, consisting of:

              1.  The executive;

              2.  Two councilmembers as designated by the council;

              3.  The sheriff;

              4.  The prosecuting attorney;

              5.  An elected judge designated by the superior courts;

              6.  An elected judge designated by the district courts;

              7.  The assessor; and

              8.  The director of elections.

            C.  The performance and accountability group shall meet at least twice annually to:

              1.  Identify annual countywide strategic plan priorities;

              2.  Review the county's performance on meeting the objectives and goals set forth in the strategic plan;

              3.  Consider emerging trends, issues and opportunities of countywide and regional significance; and

              4.  Recommend revisions to the countywide strategic plan for consideration by the council in its regular review of the plan in accordance with K.C.C. chapter 2.10.

            D.  To support the performance and accountability group, the office of strategic planning and performance management*, or its successor, shall convene a working group that consists of senior staff to the elected officials represented on the performance and accountability group.  The working group shall meet as directed by the performance and accountability group.  (Ord. 16897 § 2, 2010).

 

*Reviser’s note:  The office of strategic planning and performance management was succeeded by the office of performance, strategy and budget under Ordinance 16960.

 

            2.10.400  Intergovernmental financing partnerships for civil or cultural facilities - review - criteria.

            A.  The county's office of performance, strategy and budget shall review municipal proposals for intergovernmental financing partnerships that, if the eligibility criteria in subsection B. of this section are satisfied, would support the development of an interlocal agreement for the county to issue bonds in support of municipally-sponsored development and construction of civic or cultural facilities with regional benefit.

            B.  The office of performance, strategy and budget shall apply the following criteria in evaluating a proposal for an intergovernmental financing partnership for the development and construction of civic or cultural facilities as provided for in subsection A. of this section:

              1.  Only municipalities in King County are eligible to be a partner city;

              2.  The proposed project must be located in the partner city;

              3.  The proposed project must serve a county purpose and be determined to have broad regional benefit;

              4.  The partner city must establish and identify the available secured revenue sources for the proposed project;

              5.  The county's contribution shall be limited to an amount that can reasonably be supported by the established or identified available tax revenues or other secured revenues identified by the partner city, and shall be in an amount that is appropriate for the specific circumstances of the proposal.  County debt shall be used only if the county has determined that its participation in the project with the partner city project would be consistent with the county's debt policies and would not adversely impact the county's bond rating or finances;

              6.  The partner city must enter into an interlocal agreement with the county.  The interlocal agreement may further establish the roles and responsibilities of the partner city and the county, including the financing, management, ownership, communication, oversight and accountability mechanisms that may be required by the county as the basis for its participation in the partner city's project;

              7.  The proceeds from the county bond issuance may only be used for the project's development and construction.  The bond proceeds may not be used for a facility's operations;

              8.  The partner city shall cover all county costs associated with the bond issuance;

              9.  The project must satisfy all environmental requirements; and

              10.  The project must receive all necessary permitting approvals.  (Ord. 17402 § 1, 2012).

 

2.12    MAINTENANCE OF PERMANENT RECORDS*

 

Sections:

            2.12.005         Definitions.

            2.12.010         Preparation of permanent records of council proceedings.

            2.12.020         Transfer of council and commissioners records to archives.

            2.12.035         Archives and records management program - archives as official repository.

            2.12.040         Records retention and public disclosure manuals.

            2.12.060         Retention of public records.

            2.12.120         Recording services - fees.

            2.12.130         Non-statutorily required reports – Fees.

            2.12.170         Enhanced program for preserving, copying, maintaining and indexing documents - fee.

            2.12.180         Agency index of records, reports and manuals required.

            2.12.210         Public records - rules adopted - clarification by agencies – King County as political subdivision

            2.12.220         Records - authority and purpose.

            2.12.200         Records - authority and purpose.

            2.12.230         Public records - public records officer - contact information - requests to each agency - assistance - education and training - minimize interference and disruption.

            2.12.240         Public Records - availability of public records - hours for inspection - index – organization - requests.

            2.12.250         Public records - processing requests - general – providing full access - process upon request - notice to affected parties - exempt records – inspection - copies - installments - closing withdrawn or abandoned request - later-discovered documents.

            2.12.260         Public records - processing electronic records - request – provision - customized access.

            2.12.270         Public records - exemptions.

            2.12.280         Public records - fees - payment.

            2.12.290         Public records - review of denial - petition - process.

            2.12.300         Public records - performance reports - lawsuit reports.

 

*For the statutory provisions regarding county record keeping, see RCW 36.32.140, 36.32.150, 36.32.155, 36.32.160 and 36.32.170.

 

            2.12.005  Definitions.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

            A.1.  "Agency" means:

                a.  the executive branch;

                b.  the legislative branch;

                c.  the department of public safety;

                d.  the department of assessments;

                e.  the office of the prosecuting attorney;

                f.  the department of elections;

                g.  the forecast council and office of economic and financial analysis;

                h.  the board of appeals; and

                i.  the personnel board.

              2.  "Agency" does not include the superior court or the district court.

            B.  “Archival records” means those designated as having continuing historical value by the Washington State Archives or the King County archivist.

            C.  "County records" means any document, including any paper, correspondence, completed form, bound records book, photograph, film, sound or video recording, map, drawing, machine-readable material or other document, regardless of physical form or characteristics, and including copies thereof, that has been made by or received by any agency of King County in connection with the transaction of public business.

            D.  "Executive branch" means the executive branch as defined in the county charter, but excluding the department of public safety, the department of assessments and the department of elections.

            E.  "Legislative branch" means the legislative branch as defined in the county charter and as provided by ordinance, including, but not limited to, the county council and the offices of the county auditor, citizen complaints, the hearing examiner and law enforcement oversight.

            F.  "Official record"  means a public record that an agency is required by law to accept or maintain, including, but not limited to, recorded documents, judgments, licenses, vital statistics and property records.

            G.  "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.

            H.  "Public records officer" means the person appointed by the agency in accordance with K.C.C. 2.12.230.A.  (Ord. 16679 § 1, 2009:  Ord. 10698 § 3, 1993).

 

            2.12.010  Preparation of permanent records of council proceedings.  The clerk of the council is responsible for the preparation of permanent records of the council proceedings.  (Ord. 16679 § 2, 2009:  Ord. 695 § 1, 1971).

 

            2.12.020  Transfer of council and commissioners records to archives.  All records of the King County council and records of the King County commissioners, including office files and memoranda, shall be transferred to the King County archives for permanent retention in accordance with the applicable records retention schedules.  (Ord. 16679 § 3, 2009:  Ord. 15971 § 27, 2007:  Ord. 10698 § 1, 1993:  Ord. 4714 § 1, 1979: Ord. 695 § 2, 1971).

 

            2.12.035  Archives and records management program - archives as official repository.

            A.  An archives and records management program is hereby established in the records and licensing services division of the department of executive services. The archives and records management program shall be responsible for:

              1.  Maintaining a facility for storage of inactive and archival records;

              2.  Establishing standards for records storage media to ensure continued public access to public records during their legal retention period and for preservation of archival records;

              3.  Maintaining records retention schedules of current records index as set forth in chapter 42.56 RCW.  A directory of historical, noncurrent or obsolete records designated archival shall serve as an index to King County administrative history, as provided by chapter 40.14 RCW; and

              4.  Preserving and providing public access to the archival records of King County.

            B.  The King County archives is designated as the official repository of the county's archival records.  The King County archives may transfer the county's archival records to the Washington state archives for ongoing preservation.  (Ord. 16679 § 4, 2009:  Ord. 15971 § 28, 2007:  Ord. 10698 § 2, 1993).

 

            2.12.040  Records retention and public disclosure manuals.  The department of executive services is responsible for maintaining records retention and public disclosure manuals.  The manuals shall include each agency’s record retention schedules.  The manuals shall be made available to the public by electronic means.  (Ord. 16679 § 5, 2009:  Ord. 12485 § 4, 1996).

 

            2.12.060  Retention of public records.  Retention of public records, including official records, shall be in accordance with approved records retention schedules established pursuant to RCW 40.14.070.  In accordance with those records retention schedules, the archives and records management program shall provide for the legal retention and disposition of public records, including identification of archival records.  (Ord. 16679 § 7, 2009:  Ord. 10698 § 5, 1993:  Ord. 3606 § 4, 1978).

 

            2.12.120  Recording services - fees.  The manager of the records and licensing services division shall charge such fees for the provision of recording services as are provided for county auditors in chapters 36.18 and 36.22 RCW and RCW 58.24.070.  In addition, the following specific fees apply:

            A.  Record of survey.  As authorized under RCW 58.09.100, for land surveys, which shall be eighteen by twenty-four inches or less in size, the fee schedule is:

              1.  Basic fee for first page                         $25.00

              2.  Each additional page                             $5.00

            B.  For short plats and boundary line adjustments, legal size or smaller, the manager of the records and licensing services division shall charge such fees as are provided for county auditors in chapter 36.18 RCW.  For short plats and boundary line adjustments, eighteen by twenty-four inches or less in size, the fee schedule shall be the same as record of survey under subsection A. of this section.

            C.  The record of monument shall be filed without charge on the standard form prescribed by the state Department of Natural Resources, Bureau of Surveys and Maps.

            D.  As authorized under RCW 64.34.202, to reserve the right to use a specific name for a condominium, the fee is fifty dollars.  (Ord. 16679 § 13, 2009:  Ord. 15971 § 30, 2007:  Ord. 14764 § 1, 2003:  Ord. 14457 § 1, 2002:  Ord. 14007 § 2, 2000:  Ord. 13331 § 2, 1998:  Ord. 9168 § 3, 1989:  Ord. 1660 §§ 1-2, 1973).

 

            2.12.130  Non-statutorily required reports – Fees.

            A.  The purpose of this section is to authorize departments of King County government to assess service fees for reimbursement of actual costs incurred by the county for the research, production and provision of computer print-out pages of requested reports which are not specifically required by statute to be provided.

            B.  This section shall apply to the provision of non-statutorily required reports to any party other than a King County agency.  The cost to any party other than a King County agent shall be the actual unit cost per print-out page or part thereof.  This cost shall be based on data maintenance and input, research, and production time.

            C.  Departments providing non-statutorily required reports shall establish a procedure for collection of these fees.

            D.  This section shall not apply to infrequent provision of non-statutorily required reports if the collection of service fees is determined by a department to be cost ineffective.  (Ord. 8068, 1987).

 

            2.12.170  Enhanced program for preserving, copying, maintaining and indexing documents - fee.

            A.  There is established within the records and licensing services division an enhanced program for preserving, copying, maintaining and indexing documents officially recorded and filed with the county that require preservation in the public interest against age and environmental degradation before they are irreparably damaged.  The program shall take advantage of the latest technology for records preservation to include, but not limited to, photomicrographic and computerized electronic digital storage methods.

            B.  To support the program, the manager of the records and licensing services division shall collect the fee authorized under RCW 36.22.170 for each document recorded in the recorder’s office, which shall be in addition to any other authorized fee or charge.  The fee shall be used for only those purposes outlined by state law as amended, that is, to provide for the installation and maintenance of an improved system for copying, preserving and indexing documents recorded in King County and for the preservation of those records deemed archival.  (Ord. 16679 § 15, 2009:  Ord. 15971 § 32, 2007:  Ord. 9168 § 2, 1989).

 

            2.12.180  Agency index of records, reports and manuals required.

            A.  Each agency shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after June 30, 1972:

              1.  Final opinions, including concurring and dissenting opinions, as well as orders made in the adjudication of cases;

              2.  Those statements of policy and interpretations of policy, statute and the constitution which have been adopted by the agency;

              3.  Administrative staff manuals and instructions to staff that affect a member of the public;

              4.  Planning policies and goals and interim and final planning decisions;

              5.  Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies reports or surveys, whether conducted by public employees or others; and

              6.  Correspondence, and materials referred to in the correspondence either prepared or received by the agency relating to any regulatory, supervisory or enforcement responsibilities of the agency, in which the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government or any private party.

            B.  An agency need not maintain such an index if to do so would be unduly burdensome, but it shall in that event:

              1.  Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly burden or interfere with agency operations; and

              2.  Make available for public inspection and copying all indexes maintained for agency use.

            C.  An agency's record retention schedule approved in accordance with chapter 40.14 RCW may serve as an index for the purposes of this section.  (Ord. 14266 § 6, 2001:  Ord. 2165 § 4, 1974.  Formerly K.C.C. 2.98.040).

 

            2.12.210  Public records - rules adopted - clarification by agencies - King County as political subdivision.

            A.  The county adopts the rules on records in K.C.C. 2.12.220, 2.12.230, 2.12.240, 2.12.250, 2.12.260, 2.12.270 and 2.12.280, which are based on chapter 44-14 WAC.  However, chapter 44-14 WAC and its comments are not adopted.

            B.  These rules may also be further clarified and implemented by each agency to the extent that the clarifications do not conflict with state law.

            C.  King County is a political subdivision of the state of Washington and is a home rule charter county composed of multiple agencies.  (Ord. 16679 § 18, 2009).

 

            2.12.220  Public records - authority and purpose.

            A.  RCW 42.56.070(1) requires each agency to make available for inspection and copying nonexempt "public records" in accordance with published rules.  Chapter 42.56 RCW defines "public record" to include any "writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained" by the agency.

            B.  The purpose of this chapter is to establish the procedures the county will follow in order to provide full access to public records that are not exempt from disclosure under applicable law.  This chapter provides information to persons wishing to request access to public records of the county and establish processes for both requestors and county staff that are designed to best assist members of the public in obtaining such access.

            C.  The purpose of chapter 42.56 RCW is to provide the public full access to records concerning the conduct of government that are not exempt from disclosure under applicable law, mindful of individuals' privacy rights and the desirability of the efficient administration of government.  Chapter 42.56 RCW and this chapter will be interpreted in favor of disclosure.  In carrying out its responsibilities under chapter 42.56 RCW, the county will be guided by the provisions of the act describing its purposes and interpretation.  (Ord. 16679 § 19, 2009).

 

            2.12.230  Public records - public records officer - contact information - requests to each agency - assistance - education and training - minimize interference and disruption.

            A.  Each agency shall appoint a public records officer and shall identify the officer in a way reasonably calculated to provide notice to the public, including posting, at the agency's public service counters, if any, and on its website, the officer's name, office address, telephone number, fax number and email address.  Each agency shall include on its website home page a link to the web page on which the agency provides this contact information and instructions on how to make a public records request.

            B.  Any person wishing to request access to public records of an agency, or seeking assistance in making such a request, should contact the public records officer of the agency. A request to one agency does not constitute a request to any other agency. A separate request must be made to each agency from which access to public records is requested or assistance in making such a request is sought.

            C.  The public records officer, or the public records officer's designee, for each agency shall oversee compliance by the agency with chapter 42.56 RCW.  The agency shall:

              1.  Provide the fullest assistance to requestors;

              2.  Provide education and training within an agency to ensure that public records are protected from damage or disorganization and are promptly produced for inspection and copying upon request to the extent required by law; and

              3.  Prevent fulfillment of public records requests from causing excessive interference with essential functions of the agency or unreasonably disrupting the operations of the agency.  (Ord. 16679 § 20, 2009).

 

            2.12.240  Public Records - availability of public records - hours for inspection - index - organization - requests.

            A.  Public records are available for inspection and copying during normal business hours of the agency, or department thereof.  Original records must be inspected at the offices of the agency, unless the agency provides an alternative.

            B.  An index of public records of each agency is available through the archives and records management program established under K.C.C. 2.12.035.  The index may be accessed online at the archive and records management program's website.

            C.1.  An agency shall maintain its records in a reasonably organized manner.  An agency should take reasonable actions to protect records from damage and disorganization.

              2.  A requestor shall not take an agency's records from the agency's offices.

              3.  A variety of records is available on the county website at www.kingcounty.gov.  Requestors are encouraged to view the documents available on the website before submitting a records request.

            D.1.  A person wishing to inspect or copy public records of an agency is encouraged to make the request in writing on the agency's request form, which shall be created and maintained by the agency's public records officer and made available on the agency's website.  The agency request form shall:

                a.  recite that inspection of records is free, provide the per-page charge for standard photocopies and indicate that the requestor may inspect the records, receive a copy of the records or inspect the records first and then select records to copy;

                b.  prompt the requestor to provide contact information including name, phone number, mailing address and email address if available;

                c.  prompt the requestor to identify the public records adequately for the public records officer or designee to locate the records; and

                d.  prompt the requestor to provide the date and time of day of the request.

              2.  If a request is made orally, unless it is promptly fulfilled, the public records officer shall provide written confirmation of the request to the requester.

              3.  If the requestor wishes to have copies of the records made instead of simply inspecting them, the requestor should so indicate and make arrangements to pay for copies of the records or a deposit.  Charges for copies shall be made in accordance with RCW 42.56.070.  (Ord. 16679 § 21, 2009).

 

            2.12.250  Public records - processing requests - general - providing full access - process upon request - notice to affected parties - exempt records - inspection - copies - installments - closing withdrawn or abandoned request - later-discovered documents.

            A.  Each agency shall provide full access to public records that are not exempt from disclosure under applicable law, protect records from damage or disorganization, prevent excessive interference with other essential functions of the agency, provide fullest assistance to requestors and provide the most-timely possible action on public records requests.

            B.  The public records officer or designee shall process requests in the order allowing the most requests to be processed in the most efficient manner; in order to process requests as efficiently as possible, smaller requests may be processed before substantially larger requests that were received earlier.

            C.1.  Within five business days of receipt of the request, the public records officer shall do one or more of the following:

                a.  make the records available to the requestor for inspection or copying;

                b.  if copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;

                c.  provide to the requestor a reasonable estimate of when records will be available;

                d.  if the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor.  The clarification may be requested and provided by telephone, in which case the public records officer shall make a written record of the clarification.  The public records officer or designee may revise the estimate of when records will be available.  If the requestor fails to clarify the request, the agency need not respond to it; or

                e.  deny the request and notify the requestor of the denial.  Denials of requests shall be accompanied by a written statement of the specific reasons therefor.

              2.  Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.

            D.  In the event that the requested records contain information that affects other agencies or third persons, the public records officer may, before providing the records, give notice to those persons in accordance with RCW 42.56.540.  The notice shall include a copy of the request.

            E.  Some records are exempt from disclosure, in whole or in part.  If the agency believes that a record or any part of a record is exempt from disclosure and should be withheld, the public records officer shall provide to the requestor a writing identifying the record or portion withheld, the specific exemption relied upon and the authority for the exemption, and briefly explaining how the exemption applies to the record or portion withheld, including enough information for a requestor to make a threshold determination of whether the claimed exemption is proper.  If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer shall redact the exempt portions and provide the nonexempt portions.

            F.1. The agency shall promptly provide space to inspect public records except when and to the extent that it would cause excessive interference with other essential functions of the agency or unreasonably disrupt agency operations.  No member of the public may remove a document from the viewing area or disassemble or alter any document.  The requestor shall indicate which documents the requestor wishes the agency to copy.

              2.  The requestor must claim or review the assembled records within thirty days of the agency's notification to the requestor that the records are available for inspection or copying.  The agency shall notify the requestor in writing of this requirement and inform the requestor that the requestor should contact the agency to make arrangements to claim or review the records.  If the requestor or a representative of the requestor fails to claim or review the records within the time prescribed in this subsection F.2. or make other arrangements, the agency may close the request.  Other public records requests may be processed ahead of a subsequent request by the same person for the same or almost identical records, which may be processed as a new request.

            G.  After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying.

            H.  When the request is for a large number of records, the public records officer or designee shall provide access for inspection and copying in installments, if the public records officer or designee reasonably determines that it would be practical to provide the records in that way.  If, within thirty days after notification that the records are available for inspection or copying under subsection C., D. or E. of this section, the requestor fails to inspect the entire set of records or one or more of the installments, as applicable, the public records officer or designee may stop searching for the remaining records and close the request.  The requestor shall be notified in writing of this action.

            I.  When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer shall close the request and indicate to the requestor that the agency has closed the request.

            J.  If, after the agency has informed the requestor that the agency has provided all available records, the agency becomes aware of additional responsive documents existing at the time of the request, the agency shall promptly inform the requestor of the additional documents and provide the documents on an expedited basis.

            K.  If a public records officer or designee responding to a public records request believes that one or more other agencies are likely to have records that are responsive to the request, he or she should, in writing, so inform the requestor and provide the requestor with the name and contact information of the public records officer of each such agency, including the officer's title, office phone number, office address, and email address.  The public records officer is not required to review records or otherwise investigate for the purpose of determining whether other agencies are likely to have additional records that are responsive to the request.  This subsection is intended to enhance the public's access to public records, not to impose any legal obligation on agencies beyond those imposed by chapter 42.56 RCW.  (Ord. 17128 § 1, 2011:  Ord. 16679 § 22, 2009).

 

            2.12.260  Public records - processing electronic records - request - provision - customized access.

            A.  The process for requesting electronic public records is the same as for requesting paper public records.

            B.  When a requestor requests records in an electronic format, the agency's public records officer shall provide the nonexempt records or portions of those records that are reasonably locatable in an electronic format that is used by the agency and is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record.  Costs for providing electronic records are governed by K.C.C. 2.12.280.B.

            C.  The agency may provide customized access under RCW 43.105.280 if the record is not reasonably locatable or not reasonably translatable into the format requested.  The agency may charge a fee consistent with RCW 43.105.280 for the customized access.  (Ord. 16679 § 23, 2009).

 

            2.12.270  Public records - exemptions.

            A.  The Public Records Act provides that a number of types of documents are exempt from public inspection and copying.  In addition, documents are exempt from disclosure if any other statute exempts or prohibits disclosure.  Exemptions outside the Public Records Act that restrict the availability of some documents held by the county or its agencies for inspection and copying include, but are not limited to, those set forth for counties and municipalities in the most-recent list of other such statutes posted on the website of the Municipal Research and Services Center of Washington, which is, as of November 1, 2009, www.mrsc.org/Publications/pra06.pdf, Appendix C, and which is incorporated in this chapter by reference.

            B.  King County and its agencies are prohibited by statute from disclosing lists of individuals for commercial purposes.  (Ord. 16679 § 24, 2009).

 

            2.12.280  Public records - fees - payment.

            A.1.  There is no fee for inspecting public records.  A requestor may obtain copies, for which charges shall be made in accordance with RCW 42.56.070 or other applicable law.  For certified copies, eight and one-half inches by fourteen inches or smaller, for the first page the fee shall be two dollars, and for each additional page the fee shall be one dollar.

              2.  Before beginning to make the copies, the public records officer or designee may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor.  The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment.  The agency shall not charge sales tax when it makes copies of public records.

            B.1.  The cost of electronic copies of records shall be the actual cost of the medium used.

              2.  If the agency incurs a cost of transferring a paper record to electronic form, that cost may be charged.

              3.   If the agency uses an outside vendor, the vendor's charge to the agency, including applicable sales tax, shall be passed on to the requestor.

            C.  An agency may also charge actual costs of mailing, including the cost of the shipping container.

            D.  Payment for the costs under this section may be made to the agency or the agency's designee by cash, check or money order to the agency or its designee.

            E.  Charges for paper copies of official records shall be in accordance with fees set forth in applicable chapters of the RCW.

            F.  Charges for copies of material in the archival collection shall follow the guidelines of the Washington state Archives and WAC 434-690-080.  (Ord. 16679 § 25, 2009).

 

            2.12.290  Public records - review of denial - petition - process.

            A.  Any person who objects to the initial denial or partial denial of a public records request may petition in writing to the public records officer for a review of the decision.  The petition shall include a copy of or reasonably identify the written statement by the public records officer denying the request.

            B.  The public records officer shall promptly provide the petition and any other relevant information to the public records officer's supervisor or any other agency official designated by the agency to conduct the review. The reviewing officer shall review the decision and provide the requestor with a response.

            C.  Any person may obtain court review of the denial of a public records request made in accordance with RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.  (Ord. 16679 § 26, 2009).

 

            2.12.300  Public records - performance reports - lawsuit reports.

            A.1.a.  No later than April 1 of each year, the public records officer of each county agency shall submit to the county council a report on the agency's performance in responding to public records requests during the preceding calendar year.  The report shall include, at a minimum, a listing of all requests that either were closed during the preceding calendar or remained open at the end of the preceding calendar year, including, for each such request:

                  (1)  the name of the requestor;

                  (2)  a summary of the request;

                  (3)  the date the request was received;

                  (4)  whether the five-day response requirement in K.C.C. 2.12.250.C.1 was met;

                  (5)  the date the request was closed, if it has been closed; and

                  (6)  for each closed request for which more than six months elapsed from the date the request was received until the date the request was closed, and for each open request that had been open for more than six months at the end of the preceding calendar year, an explanation of why the request was not closed more promptly.

                2.  For the purpose of this section, a request is closed if the agency has provided all responsive records, has indicated that there are no responsive records or that all of the responsive records are exempt from disclosure or has provided records and indicated that no additional records will be produced because the remaining records are exempt from disclosure, or if the request is closed pursuant to K.C.C. 2.12.250.F., H. or I.

              3.  A paper original and an electronic copy of the report shall be filed with the clerk of the council, who shall email the electronic copy to all councilmembers.  In the electronic copy of the report, the listing of public records requests shall be in the form of an electronic spreadsheet.

            B.  On January 15 and July 15 of each year, the county prosecuting attorney shall submit to the county council a report listing all pending lawsuits alleging that the county has violated chapter 42.56 RCW, including the name of the case, the court in which it was filed, the date on which it was filed, the case number, a brief summary of the claims made against the county and the current case status.  A paper original and an electronic copy of the report shall be filed with the clerk of the council, who shall email the electronic copy to all councilmembers.  (Ord. 17128 § 2, 2011:  Ord. 16679 § 27, 2009).

 

2.14    PUBLIC ACCESS TO ELECTRONIC RECORDS AND INFORMATION

 

Sections:

            2.14.010    Definitions.

            2.14.020    Management and dissemination of electronic information.

            2.14.030    Commitment to protecting privacy.

            2.14.040    Information access charges.

            2.14.050    Social media used by county.

 

            2.14.010  Definitions.  For the purpose of this chapter, the terms in this section have the following meanings:

            A.  “County agency” means:

              1.  The executive branch;

              2.  The legislative branch;

              3.  The superior court;

              4.  The district court;

              5.  The department of public safety;

              6.  The department of assessments;

              7.  The office of the prosecuting attorney;

              8.  The department of elections;

              9.  The forecast council and office of economic and financial analysis;

              10.  The board of appeals; and

              11.  The personnel board.

            B.  "Digital communication technology" means technology that is used to transmit information in digital form, including email, text messaging, blogging, social media and digital voicemail.

            C.  “Personal data” means any information concerning an individual that, because of name, identifying number, image, mark or description, can be readily associated with a particular individual, including information contained in printouts, forms, written analyses or evaluations.

            D.  "Personal identifying data" means social security number, date of birth or mother's maiden name.

            E.  "Social media" means the Internet-based technologies, tools and practices that people use to share opinions, insights, experiences and perspectives.  Social media can share information in many different forms, including text, images, audio and video.  (Ord. 17382 § 1, 2012:  Ord. 17008 § 1, 2010:  Ord. 16391 § 14, 2009:  Ord. 15608 § 1, 2006:  Ord. 12550 § 1, 1996).

 

            2.14.020  Management and dissemination of electronic information.

            A.  King County is committed to managing its public records as a countywide resource and in a manner that:

              1.  Is efficient and economical;

              2.  Promotes open government and an informed citizenry;

              3.  Protects individual privacy; and

              4.  Meets county record retention and disposition standards.

            B.  A public records committee is hereby established.  The public records committee shall

              1.  Advise the council and the executive on county public records policies, including both paper and electronic records; these policies must include policies for posting records on county web sites;

              2.  Provide guidance on the planning and implementation of a countywide records storage management plan and a countywide electronic records management system;

              3.  Advise county agencies on their use of digital communication technology and serve as a forum for sharing and discussing information about the county’s use of such technology; and

              4.  Submit a report containing the following information by March 1 of each year in the form of a paper original and an electronic copy to the clerk of the council, who shall retain the original and provide an electronic copy of the report to all councilmembers, the council chief of staff, and the lead staff for the council’s government accountability, oversight, and financial planning committee* or its successor.  The report shall include:

                a.  a description of the forms of digital communication that are in use by each county agency;

                b.  for each form of digital communication that is in use by an agency, a description of the methods used by the agency to retain records of digital communication to meet applicable record retention requirements; and

                c.  for each form of digital communication that is in use by an agency, a description of the methods used by the agency to search records of digital communication to meet applicable public record disclosure requirements.

            C.  The director of the records and licensing services division or the director's designee shall be the chair of the public records committee.  The public records committee shall include representatives of a broad range of county departments and elected agencies, including at a minimum the following:

              1.  The council;

              2.  The prosecuting attorney's office;

              3.  The sheriff's office;

              4.  The assessor's office;

              5.  The department of elections;

              6.  Office of performance, strategy and budget;

              7.  The executive branch's senior public records officer;

              8.  The department of information technology's director of web-based services technology; and

              9.  Each executive department.  (Ord. 17382 § 2, 2012:  Ord. 17142 § 2, 2011:  Ord. 17008 § 2, 2010:  Ord. 16960 § 8, 2010:  Ord. 15971 § 33, 2007:  Ord. 15608 § 2, 2006:  Ord. 12550 § 2, 1996).

 

*Reviser’s note:  The government accountability, oversight and financial performance committee was renamed the government accountability and oversight committee in Motion 13805.

 

            2.14.030  Commitment to protecting privacy.  King County is committed to balancing the promotion of public access to information with the privacy rights of its citizens by adhering to the following guidelines:

            A.  Collection of personal data shall be lawful, fair, and to the extent possible with the knowledge and consent of the individual;

            B.  Agencies shall establish procedures to ensure that data is accurate, complete, current and relevant to the agency’s mandated functions;

            C.  When data can only be collected with the consent of the individual, the purpose for the data shall be stated upon collection.  Personal data should not be used by the county for any purpose not stated upon collection without the consent of the data subject or by the positive authorization of law.  This is not intended to limit collection of personal data for purposes of investigative agencies or other functions which collect non-disclosable information according to chapter 42.56 RCW or any other federal, state, local statute, rule or regulation;

            D.  Personal data shall be reasonably protected by the data collector;

            E.  Agencies shall establish mechanisms for citizens to review information about themselves and to submit corrections of possible inaccuracies in that information; and

            F.  The executive shall submit a report by October 1 of every year filed in the form of a paper original and an electronic copy to the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers and committee coordinator for the government and accountability committee or its successor.  The report shall list by category new and existing personal data collected by county agencies, a description of the uses of this personal data and its public disclosure status.  (Ord. 17008 § 3, 2010:  Ord. 12550 § 3, 1996).

 

            2.14.040  Information access charges.  Charges assessed of either commercial or public users for paper copies of information maintained in electronic shall be set in accordance with chapter 42.56 RCW 42.17 and K.C.C. 2.112.280.  Fees for development, maintenance, staff time or any other costs necessary to respond to customized or special service requests may be included in the charges for such requests. Funding to meet the costs of providing electronic access, including the building of the necessary information systems, developing the ability to mask nondisclosable information and maintenance and upgrade of systems should come primarily from local appropriations, grants, private funds, cooperative ventures among governments, nonexclusive licensing and partnerships between government agencies and private entities.  (Ord. 17008 § 4, 2010:  Ord. 12550 § 4, 1996).

 

            2.14.050  Social media used by county.

A.  King County is committed to using social media technologies in a manner that:

              1.  Is efficient and economical;

              2.  Promotes open government and an informed citizenry;

              3.  Protects individual privacy; and

              4.  Meets county record retention and disposition standards developed for social media.

            B.  The department of information technology shall develop training materials for the use of social media technologies that include discussion of issues relating to security and privacy, risk management, ethics and records retention.  The training materials shall be made available to all county employees electronically and online.

            C.  Each agency should consider the use of social media in its outreach to the public.  If an agency determines that social media is appropriate for the agency, the agency shall:

              1.  Identify those personnel that are authorized to use social media to conduct county business; and

              2.  Ensure that all authorized users receive the training in subsection B. of this section.  (Ord. 17615 § 1, 2013:  Ord. 17008 § 6, 2010).

 

2.15    CITIZEN AND IMMIGRATION STATUS

 

Sections:

            2.15.010      Citizenship and immigration status - provision of county services - limitations on use of documentation, police powers - provision of health benefits, opportunities or services - use of documentation - limitations on liability – review of county applications, questionnaires and interview forms.

            2.15.020      Civil immigration hold requests - county policy - reports.

 

            2.15.010  Citizenship and immigration status - provision of county services - limitations on use of documentation, police powers- provision of health benefits, opportunities or services - use of documentation - limitations on liability - review of county applications, questionnaires and interview forms.

            A.  Except as provided in this section or when otherwise required by law, a Reverend Doctor Martin Luther King, Jr., County office, department, employee, agency or agent shall not condition the provision of county services on the citizenship or immigration status of any individual.

            B.1.  Nothing in this section shall be construed to prohibit any King County officer or employee from participating in cross-designation or task force activities with federal law enforcement authorities.

              2.  The Reverend Doctor Martin Luther King, Jr., County sheriff's office personnel shall not request specific documents relating to a person's civil immigration status for the sole purpose of determining whether the individual has violated federal civil immigration laws.  The documents include but are not limited to:

                a.  passports;

                b.  alien registration cards; or

                c.  work permits.

              3.  The Reverend Doctor Martin Luther King, Jr., County sheriff's office personnel may use documents relating to a person’s civil immigration status if the documents are offered by the person upon a general, nonspecific request.

              4.  The Reverend Doctor Martin Luther King, Jr., County sheriff's office personnel shall not use stops for minor offenses or requests for voluntary information as a pretext for discovering a person's immigration status.

              5.  The Reverend Doctor Martin Luther King, Jr., County sheriff's office personnel shall not initiate any inquiry or enforcement action based solely on a person's:

                a.  civil immigration status;

                b.  race;

                c.  inability to speak English; or

                d.  inability to understand the deputy.

            C.  The Seattle-King County department of public health shall not condition the provision of health benefits, opportunities or services on matters related to citizenship or immigration status.  The Seattle-King County department of public health may inquire about or disclose information relating to an individual's citizenship or immigration status for the purpose of determining eligibility for benefits or seeking reimbursement from federal, state or other third-party payers.

            D.  Except when otherwise required by law, where the county accepts presentation of a state-issued driver's license or identification card as adequate evidence of identity, presentation of a photo identity document issued by the person's nation of origin, such as a driver's license, passport or matricula consular, which is a consulate-issued document, shall be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided a Washington state driver's license or identification card.  However, a request for translation of such a document to English shall not be deemed a violation of any provision of Ordinance 16692* and any subsequent ordinance.  This provision does not apply to documentation required to complete a federal I-9 employment eligibility verification form.

            E.  This section does not create or form the basis for liability on the part of the county, its officers, employees or agents.

            F.  Unless permitted by this section or otherwise required by state or federal law or international treaty, all applications, questionnaires and interview forms used in relation to the provision of county benefits, opportunities or services shall be promptly reviewed by each agency, and any question requiring disclosure of information related to citizenship or immigration status shall be, in the agency's best judgment, either deleted in its entirety or revised such that the disclosure is no longer required.

            The review and revision shall be completed within one hundred and eighty days of November 29, 2009.  (Ord. 16692 § 2, 2009).

 

*Available in the King County Archives.

 

            2.15.020  Civil immigration hold requests - county policy - reports.

            A.  It is the policy of the county to only honor civil immigration hold requests from United States Immigration and Customs Enforcement for individuals that are accompanied by a criminal warrant issued by a U.S. District Court judge or magistrate.

            B.  The department of adult and juvenile detention shall compile a listing all immigration detainers received by the department, showing detainers received and detainers accompanied by federal judicial warrants.  Beginning May 1, 2014, the department shall prepare and transmit to the council a quarterly report showing the number of detainers received and the number of detainers that were accompanied by a federal judicial warrant with descriptive data that includes but is not limited to: the types of offenses that individuals with detainers accompanied by a federal judicial warrant were being held, the reason for release from county custody, the length of stay for each individual before the detainer accompanied by a federal judicial warrant was executed, and the number of individuals that had detainers but were transferred to federal or state department of corrections' custody.  The reports called for in this section shall be transmitted in the form of a paper original and an electronic copy to the clerk of the council, who shall distribute electronic copies to all councilmembers and the lead staff for the committee of the whole, and the law, justice, health and human services committee, or their successors.  (Ord. 17886 § 2, 2014:  Ord. 17706 § 2, 2013).

 

2.16    ADMINISTRATIVE OFFICES AND EXECUTIVE DEPARTMENTS

 

Sections:

            2.16.020         Executive branch of county government – policy regarding organizational structure.

            2.16.025         County executive.

            2.16.035         Department of executive services.

            2.16.045         Department of natural resources and parks – duties – divisions.

            2.16.055         Department of permitting and environmental review – duties – divisions.

            2.16.060         Department of public safety - duties - division.

            2.16.062         Destruction and disposition of confiscated firearms.

            2.16.097         Civil fines and civil penalties – write offs.

            2.16.100         Career service exemptions.

            2.16.110         Appointment and confirmation of exempt officials.

            2.16.120         Department of adult and juvenile detention – duties – divisions.

            2.16.122         Community corrections division.

            2.16.130         Department of community and human services.

            2.16.135         Department of elections.

            2.16.136         Department of elections – voting materials preparation – reports on languages used in county – translation of voting materials – outreach to language communities – costs.

            2.16.137         County offices to provide voter information to public – determination of offices and languages involved.

            2.16.140         Department of transportation – duties – divisions.

            2.16.175         Juvenile court services – detention facilities – administration by the county executive.

            2.16.190         Liability.

            2.16.210         Department of assessments – duties – divisions.

            2.16.215         Assessor - advertising agreements authorized – restrictions - use of revenue.

            2.16.250         Continuation of authorizations and duties, and changes to names of departments, divisions, offices, and director and manager positions in the King County Code.

            2.16.260         High-value data set publication.

 

            2.16.020  Executive branch of county government – policy regarding organizational structure.

            A.  The organization of the executive branch, as described in this section of the code, is intended to comply with Article 3 of the King County Charter.  Accordingly, the executive branch shall consist of:

              1.  The county executive;

              2.  The county administrative officer;

              3.  Specific organizational units, classified “administrative offices” assigned to the county administrative officer, having a specified function by which it will assist that officer in performing assigned responsibilities;

              4.  Specific organizational units, classified “executive departments” determined by major assigned function or process; and

              5.  Specific organizational units within departments and administrative offices, where created by ordinance, classified “divisions” to which will be delegated the responsibility of efficiently and effectively carrying out assigned departmental or office functions and duties.

            B.  County agencies referenced in this chapter, and county boards, commissions, committees and other multimember bodies except the board of appeals and the personnel board, shall individually and collectively constitute the organizational structure of the executive branch of King County government.

            C.  Titles of agencies of the executive branch of county government as used in this section shall be the official organizational unit titles.  Where necessary or appropriate, the clerk of the council is authorized to change the titles of executive branch agencies where appearing in other ordinances or sections of the code to conform with the unit titles used in this chapter.

            D.  The director of each executive department, chief officer of each administrative office, and manager of each division may exercise the powers vested in that department, administrative office, or division.  None of these positions may exercise authority over another organizational unit for more than sixty days without council approval by ordinance, though this shall not be construed to limit the authority of a department director or chief officer of an administrative office over divisions within his or her department or office.

            E.1.  To ensure accountability, efficiency, internal control and consistency, each executive department, administrative office and division may provide administrative and technical support to functions and duties for which other executive departments, administrative offices or divisions have primary responsibility.  The support shall be provided in conjunction with the departments, offices or divisions that have primary responsibility for the functions and duties.  The support may include, but is not limited to, the following:

              a.  human resources and payroll;

              b.  budget preparation and submittal, and financial and fiscal management;

              c.  information, communication, media and community relations, printing, graphics, mail, records management and public disclosure;

              d.  facilities and leased space maintenance and management;

              e.  program analysis, and contract and performance evaluation and review;

              f.  grants management; and

              g.  liaison with county and external auditors.

            2.  To assist executive agencies to properly perform their assigned functions and duties, executive agencies may establish and maintain contacts with state and federal agencies that regulate or provide financial assistance to the programs for which the agencies are responsible, monitor state and federal legislative initiatives, and provide input to and on the county’s legislative agenda through processes prescribed by the council.

            3.  To ensure the county complies with applicable state and federal laws, regulations and requirements, executive agencies may undertake duties and functions as may be assigned by the executive and not assigned to another agency by the council.

            F.  Except as otherwise assigned by the council, all executive agencies shall provide support services to citizen advisory committees that are established by the council.  (Ord. 17142 § 3, 2011:  Ord. 15559 § 2, 2006:  Ord. 14199 § 12, 2001:  Ord. 11955 § 2, 1995).

 

            2.16.025  County executive.

            A.  The county executive shall manage and be fiscally accountable for the office of performance, strategy and budget and the office of labor relations.

            B.  The office of performance, strategy and budget functions and responsibilities shall include, but not be limited to:

              1.  Planning, preparing and managing, with emphasis on fiscal management and control aspects, the annual operating and capital project budgets;

              2.  Preparing forecasts of and monitor revenues;

              3.  Monitoring expenditures and work programs in accordance with Section 475 of the King County Charter;

              4.  Developing and preparing expenditure plans and ordinances to manage the implementation of the operating and capital project budgets throughout the fiscal period;

              5.  Formulating and implementing financial policies regarding revenues and expenditures for the county and other applicable agencies;

              6.  Performing program analysis, and contract and performance evaluation review;

              7.  Developing and transmitting to the council, concurrent with the biennial proposed budget, supporting materials consistent with K.C.C. chapter 4A.100;

              8.  Performance management and accountability:

                a.  providing leadership and coordination of the performance management and accountability system countywide;

                b.  overseeing the development of strategic plans and business plans for each executive branch department and office;

                c.  providing technical assistance on the development of strategic plans and business plans for agencies;

                d.  developing and using community-level indicators and agency performance measures to monitor and evaluate the effectiveness and efficiency of county agencies;

                e.  overseeing the production of an annual performance report for the executive branch;

                f.  coordinating performance review process of executive branch departments and offices;

                g.  collecting and analyzing land development, population, housing, natural resource enhancement, transportation and economic activity data to aid decision making and to support implementation of county plans and programs, including benchmarks;

                h.  leading public engagement and working in support of county performance management, budget and strategic planning; and

                i.  developing and transmitting to the council an annual report on April 30 about the benefits achieved from technology projects.  The report shall include information about the benefits obtained from completed projects and a comparison with benefits that were projected during different stages of the project.  The report shall also include a description of the expected benefits from those projects not yet completed.  The report shall be approved by the council by motion.  The report and motion shall be filed in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers;

              9.  Strategic planning and interagency coordination:

                a.  coordinating and staffing executive initiatives across departments and agencies;

                b.  facilitating interdepartmental, interagency and interbranch teams on multidisciplinary issues;

                c.  [leading governance transition efforts for the urban area consistent with the Growth Management Act;

                d.  providing technical assistance in the update of regional growth management planning efforts including the Countywide Planning Policies and distribution of jurisdictional population and employment growth targets;

                e.]**  providing assistance in the development of agency and system planning efforts such as agency business plans;

                f.  negotiating interlocal agreements as designated by the executive; and

                g.  serving as the liaison to the boundary review board for King County;

              10.  Business relations and economic development:

                a.  developing proposed policies to address regional, unincorporated urban, and rural economic development;

                b.  establishing, fostering and maintaining healthy relations with business and industry;

                c.  implementing strategies and developing opportunities that include partnering with, cities, the Port of Seattle and other economic entities on regional and subregional economic development projects;

                d.  developing and implementing strategies to promote economic revitalization and equitable development in urban unincorporated areas including the possible assembly of property for the purpose of redevelopment;

                e.  refining and implementing strategies in the county's rural economic strategies to preserve and enhance the rural economic base so that the rural area can be a place to both live and work; and

                f.  assisting communities and businesses in creating economic opportunities, promoting a diversified economy and promoting job creation with the emphasis on family-wage jobs; and

              11.  Continuous improvement:

                a.  leading, coordinating and implementing a program of continuous improvement, including the provision of leadership development, transformational improvement and capacity building in Lean thinking; and

                b.  providing annual reports to the council on the implementation of the continuous improvement program, including but not limited to a description of the number of people and agencies that have received training, the processes changed as a result of Lean implementation and the budget and other impacts of these changes.

              [11.  Regional planning:

                a. coordinating the county's participation in multicounty planning at the Puget Sound Regional Council, including serving on the Puget Sound Regional Council's regional staff committee;

                b.  coordinating countywide planning at the Growth Management Planning Council consistent with the Washington state Growth Management Act, including leading the Growth Management Planning Council's interjurisdictional staff team in accordance with the interlocal agreement authorized by King County Motion 8495;

                c.  managing updates to the county's Comprehensive Plan in coordination with the department of permitting and environmental review, in accordance with K.C.C. Title 20;

                d. coordinating the development of demographic and growth forecasting data and information including census data, growth targets and buildable lands;

                e.  facilitating annexations and joint planning with cities, including developing annexation proposals, drafting interlocal agreements, and serving as the liaison to the boundary review board for King County; and

                f.  coleading with the department of permitting and environmental review an interbranch regional planning team that supports the council and executive through the provision of information and data, development of policy proposals and options for regional issues related to growth management, economic development and transportation.  Participation in the interbranch regional planning team shall include executive, department and council staff as designated by the respective branches.]*

            C.  The office of labor relations functions and responsibilities shall include, but not be limited to:

              1.  Representing county agencies in the collective bargaining process as required by chapter 41.56 RCW;

              2.  Developing and maintaining databases of information relevant to the collective bargaining process;

              3.  Representing county agencies in labor arbitrations, appeals, and hearings including those in chapter 41.56 RCW and required by K.C.C. Title 3, in collaboration with the human resources management division;

              4.  Administering labor contracts and providing consultation to county agencies regarding the terms and implementation of negotiated labor agreements, in collaboration with the human resources management division;

              5.  Advising the executive and council on overall county labor policies; and

              6.  Providing resources for labor relations training for county agencies, the executive, the council and others, in collaboration with the human resources management division.

            D.1.  The county council hereby delegates to the executive or the executive's designee authority to request a hearing before the Washington state Liquor Control Board and make written recommendations and objections regarding applications relating to:

                a.  liquor licenses under chapter 66.20 RCW; and

                b.  licenses for marijuana producers, processors or retailers under chapter 69.50 RCW.

              2.  Before making a recommendation under subsection D.1. of this section, the executive or the executive's designee shall solicit comments from county departments and agencies, including, but not limited to, the department of permitting and environmental review, public health - Seattle & King County, the sheriff's office and the prosecuting attorney's office.

              3.  For each application reviewed under subsection D.1.b. of this section, the executive shall transmit to the county council a copy of the application received with the applicant's name and proposed license application location, a copy of all comments received under subsection D.2. of this section and the executive's recommendation to the Washington state Liquor Control board.

            E.  The executive may assign or delegate budgeting, performance management and accountability, economic development and strategic planning and interagency coordination functions to employees in the office of the executive but shall not assign or delegate those functions to any departments.  (Ord. 18098 § 2, 2015:  Ord. 17929 § 2, 2014:  Ord. 17884 § 2, 2014:  Ord. 17755 § 1, 2014:  Ord. 17693 § 1, 2013:  Ord. 17654 § 1, 2013:  Ord. 16960 § 9, 2010:  Ord. 16808 § 1, 2010:  Ord. 16308 § 4, 2008:  Ord. 16202 § 4, 2008: Ord. 14561 § 1, 2002:  Ord. 14199 § 13, 2001:  Ord. 13666 § 2, 1999:  Ord. 12441 § 1, 1996:  Ord. 12394 § 8, 1996:  Ord. 12075 § 3, 1995).

 

Reviser's notes:

*Language not included but not struck through in Ordinance 17929, Section 4, and Ordinance 18098, Section 2.  See K.C.C. 1.24.075.

**Language added but not underlined in Ordinance 17929, Section 4.  See K.C.C. 1.24.075.

 

            2.16.035  Department of executive services.  The county administrative officer shall be the director of the department of executive services.  The department shall include the records and licensing services division, the finance and business operations division, the human resources management division, the facilities management division, the administrative office of risk management, the administrative office of emergency management, the administrative office of the business resource center and the administrative office of civil rights.  In addition, the county administrative officer shall be responsible for providing staff support for the board of ethics.

            A.  The duties of the records and licensing services division shall include the following:

              1.  Issuing marriage, vehicle/vessel, taxicab and for-hire driver and vehicle and pet licenses, collecting license fee revenues and providing licensing services for the public;

              2.  Enforcing county and state laws relating to animal control;

              3.  Managing the recording, processing, filing, storing, retrieval and certification of copies of all public documents filed with the division as required;

              4.  Processing all real estate tax affidavits; and

              5.  Acting as the official custodian of all county records, as required by general law, except as otherwise provided by ordinance.

            B.  The duties of the finance and business operations division shall include the following:

              1.  Monitoring revenue and expenditures for the county.  The collection and reporting of revenue and expenditure data shall provide sufficient information to the executive and to the council.  The division shall be ultimately responsible for maintaining the county’s official revenue and expenditure data;

              2.  Performing the functions of the county treasurer;

              3.  Billing and collecting real and personal property taxes, local improvement district assessments and gambling taxes;

              4.  Processing transit revenue;

              5.  Receiving and investing all county and political subjurisdiction moneys;

              6.  Managing the issuance and payment of the county’s debt instruments;

              7.  Managing the accounting systems and procedures;

              8.  Managing the fixed assets system and procedures;

              9.  Formulating and implementing financial policies for other than revenues and expenditures for the county and other applicable agencies;

              10.  Administering the accounts payable and accounts receivable functions;

              11.  Collecting fines and monetary penalties imposed by district courts;

              12.  Developing and administering procedures for the procurement of and awarding of contracts for tangible personal property, services, professional or technical services and public work in accordance with K.C.C. chapter 2.93 and applicable federal and state laws and regulations;

              13.  Establishing and administering procurement and contracting methods, and bid and proposal processes, to obtain such procurements;

              14.  In consultation with the prosecuting attorney’s office and office of risk management, developing and overseeing the use of standard procurement and contract documents for such procurements;

              15.  Administering contracts for goods and services that are provided to more than one department;

              16.  Providing comment and assistance to departments on the development of specifications and scopes of work, in negotiations for such procurements, and in the administration of contracts;

              17.  Assisting departments to perform cost or price analyses for the procurement of tangible personal property, services and professional or technical services, and price analysis for public work procurements;

              18.  Developing, maintaining and revising as may be necessary from time to time the county’s general terms and conditions for contracts for the procurement of tangible personal property, services, professional or technical services and public work;

              19.  Managing the payroll system and procedures, including processing benefits transactions in the payroll system and administering the employer responsibilities for the retirement and the deferred compensation plans;

              20.  Managing and developing financial policies for borrowing of funds, financial systems and other financial operations for the county and other applicable agencies.

              21.  Managing the contracting opportunities program to increase opportunities for small contractors and suppliers to participate on county-funded contracts.  Submit an annual report as required by K.C.C. 2.97.090;

              22.  Managing the apprenticeship program to optimize the number of apprentices working on county construction projects.  Submit an annual report as required by K.C.C. 12.16.175; and

              23.  Serving as the disadvantaged business enterprise liaison officer for federal Department of Transportation and other federal grant program purposes.  The disadvantaged business enterprise liaison officer shall have direct, independent access to the executive on disadvantaged business enterprise program matters consistent with 49 C.F.R. Sec. 26.25.  For other matters, the disadvantaged business enterprise liaison officer shall report to the director of the finance and business operations division.

            C.  The duties of the human resources management division shall include the following:

              1.  Developing and administering training and organizational development programs, including centralized employee and supervisory training and other employee development programs;

              2.  Developing proposed and administering adopted policies and procedures for:

                a.  employment, including recruitment, examination and selection;

                b.  classification and compensation; and

                c.  salary administration;

              3.  Developing proposed and administering adopted human resources policy;

              4.  Providing technical and human resources information services support;

              5.  Developing and managing insured and noninsured benefits programs, including proposing policy recommendations, negotiating benefits plan designs with unions, preparing legally mandated communications materials and providing employee assistance and other work and family programs;

              6.  Developing and administering diversity management and employee relations programs, including affirmative action plan development and administration, management and supervisory diversity training and conflict resolution training;

              7.  Developing and administering workplace safety programs, including inspection of work sites and dissemination of safety information to employees to promote workplace safety;

              8.  Administering the county’s self-funded industrial insurance/worker’s compensation program, as authorized by Title 51 RCW;

              9.  Advising the executive and council on overall county employee policies;

              10.  Providing labor relations training for county agencies, the executive, the council and others, in collaboration with the office of labor relations;

              11.  Overseeing the county’s unemployment compensation program; and

              12.  Collecting and reporting to the office of management and budget on a quarterly basis information on the numbers of filled and vacant full-time equivalent and term-limited temporary positions and the number of emergency employees for each appropriation unit.

            D.  The duties of the facilities management division shall include the following:

              1.  Overseeing space planning for county agencies;

              2.  Administering and maintaining in good general condition the county’s buildings except for those managed and maintained by the departments of natural resources and parks and transportation;

              3.  Operating security programs for county facilities except as otherwise determined by the council;

              4.  Administering all county facility parking programs except for public transportation facility parking;

              5.  Administering the supported employment program;

              6.  Managing all real property owned or leased by the county, except as provided in K.C.C. chapter 4.56, ensuring, where applicable, that properties generate revenues closely approximating fair market value;

              7.  Maintaining a current inventory of all county-owned or leased real property;

              8.  Functioning as the sole agent for the disposal of real properties deemed surplus to the needs of the county;

              9.  In accordance with K.C.C. chapter 4A.100, providing support services to county agencies in the acquisition of real properties, except as otherwise specified by ordinance;

              10.  Issuing oversized vehicle permits, franchises and permits and easements for the use of county property except franchises for cable television and telecommunications;

              11.  Overseeing the development of capital projects for all county agencies except for specialized roads, solid waste, public transportation, airport, water pollution abatement, surface water management projects and parks and recreation;

              12.  Being responsible for all general projects, such as office buildings or warehouses, for any county department including, but not limited to, the following:

                a.  administering professional services and construction contracts;

                b.  acting as the county’s representative during site master plan, design and construction activities;

                c.  managing county funds and project budgets related to capital projects;

                d.  assisting county agencies in the acquisition of appropriate facility sites;

                e.  formulating guidelines for the development of operational and capital project plans;

                f.  assisting user agencies in the development of capital projects and project plans, as defined and provided for in K.C.C. chapter 4A.100;

                g.  formulating guidelines for the use of life cycle cost analysis and applying these guidelines in all appropriate phases of the capital process;

                h.  ensuring the conformity of capital project plans with the adopted space plan and agency business plans;

                i.  developing project cost estimates that are included in capital project plans, site master plans, capital projects and biennial project budget requests;

                j.  providing advisory services, feasibility studies or both services and studies to projects as required and for which there is budgetary authority;

                k.  coordinating with user agencies to assure user program requirements are addressed through the capital development process as set forth in this chapter and in K.C.C. chapter 4A.100;

                l.  providing engineering support on capital projects to user agencies as requested and for which there is budgetary authority; and

                m.  providing assistance in developing the executive budget for capital projects; and

              13.  Providing for the operation of a downtown winter shelter for homeless persons between October 15 and April 30 each year.

            E.  The duties of the administrative office of risk management shall include the management of the county’s insurance and risk management programs consistent with K.C.C. chapter 2.21.

            F.  The duties of the administrative office of emergency management shall include the following:

              1.  Planning for and providing effective direction, control and coordinated response to emergencies;

              2.  Being responsible for the emergency management functions defined in K.C.C. chapter 2.56; and

              3.  Managing the E911 emergency telephone program.

            G.  The duties of the administrative office of civil rights shall include the following:

              1.  Enforcing nondiscrimination ordinances as codified in K.C.C. chapters 12.17, 12.18, 12.20 and 12.22;

              2.  Assisting departments in complying with the federal Americans with Disabilities Act of 1990, the federal Rehabilitation Act of 1973, Section 504, and other legislation and rules regarding access to county programs, facilities and services for people with disabilities;

              3.  Serving as the county Americans with Disabilities Act coordinator relating to public access;

              4.  Providing staff support to the county civil rights commission;

              5.  Serving as the county federal Civil Rights Act Title VI coordinator; and

              6.  Coordinating county responses to federal Civil Rights Act Title VI issues and investigating complaints filed under Title VI.

            H.  The duties of the administrative office of the business resource center shall include the following:

              1.  The implementation and maintenance of those systems necessary to generate a regular and predictable payroll through the finance and business operations division;

              2.  The implementation and maintenance of those systems necessary to provide regular and predictable financial accounting and procedures through the finance and business operations division;

              3.  The implementation and maintenance of those systems necessary to generate regular and predictable county budgets, budget reports and budget management tools for the county; and

              4 .  The implementation and maintenance of the human resources systems of record for all human resources data for county employment purposes.  (Ord. 17929 § 5, 2014:  Ord. 17350 § 5, 2012:  Ord. 17221 § 1, 2011:  Ord. 16975 § 1, 2010:  Ord. 16960 § 10, 2010:  Ord. 16808 § 2, 2010:  Ord. 15971 § 34, 2007:  Ord. 15559 § 3, 2006:  Ord. 14561 § 2, 2002:  Ord. 14199 § 11, 2001).

 

            2.16.045  Department of natural resources and parks – duties – divisions.

            A.  The department of natural resources and parks is responsible to manage and be fiscally accountable for the wastewater treatment division, water and land resources division, solid waste division and parks and recreation division.  The department shall administer and implement the requirements of the federal Clean Water Act, federal Endangered Species Act and other federal and state laws and regulations related to those requirements.  The department shall perform the metropolitan water pollution abatement function referred to in this section as “the water quality program,” as set forth in chapter 35.58 RCW, K.C.C. Title 28 and other federal and state laws and regulations applicable to that function, although financial planning for and administration of the water quality program shall be conducted consistent with financial policies approved by the council.  The department shall coordinate the county's National Pollutant Discharge Elimination System municipal stormwater permit program.  The department shall provide the support to the county’s participation in the regional water supply planning process including the development of reclaimed water and the review of local utility district plans for conformance with county plans and policies and shall participate in the process of preparing coordinated water system plans to ensure conformance with county plans and policies.  The department shall provide for the active and passive recreational needs of the region, consistent with the mission of the parks and recreation division described in subsection E.1. of this section.  The department shall designate as natural resource lands those county-owned lands that serve important natural resource functions, including, but not limited to, benefiting and protecting natural drainage systems, drainage basins, flood control systems, ecosystems, water quality, ground water, fisheries and wildlife habitat and other natural resource purposes.  The department shall act to ensure integration of environmental programs across utility and resource functions and to balance stewardship with economic development issues.  To ensure integration and balanced stewardship through the director’s office the department shall oversee strategic planning using staff resources budgeted in the department’s divisions.  Strategic planning may include, but not be limited to: integration of land and water resource protection; coordination of ground water, water reuse and water supply plan approval; development of new funding approaches for resource protection; establishment of new partnerships with businesses, community organizations and citizens; and better coordination of sewerage and flood control facilities to prevent water quality degradation.  The director's office shall manage the county's historic preservation program including landmark designation, protection and enhancement to support tourism development, downtown revitalization and environmental and cultural sustainability.

            B.1.  The duties of the wastewater treatment division shall include the following:

               a.  administering the functions and programs related to the operation, maintenance, construction, repair, replacement and improvement of the metropolitan sewerage system and its financing;

               b.  administering the county’s sewage disposal agreements with cities and special districts;

               c.  providing planning for the water quality capital program;

               d.  providing design, engineering and construction management services related to the water quality capital programs including new facilities development and maintenance of the existing infrastructure;

               e.  providing support services such as project management, environmental review, permit and right-of-way acquisitions, scheduling and project control; and

               f.  regulating industrial discharges into the metropolitan sewerage system.

             2.  The council may assign responsibility for services ancillary to and in support of the operation and maintenance of the metropolitan water pollution abatement system under chapter 35.58 RCW, including, but not limited to, human resources, accounting, budgeting, finance, engineering, fleet administration, maintenance, laboratory, monitoring, inspection and planning, as it determines appropriate.

            C.  The duties of the water and land resources division shall include the following:

              1.  Proposing or updating, or both, and implementing adopted policies, plans and programs relating to water and land resources, open space and other natural resources that protect fisheries, natural resources, water quality and ground water and that solve and prevent drainage problems;

              2.  Responding to major river floods and addressing drainage problems in unincorporated portions of the county as provided in K.C.C. Title 9, the Surface Water Management Program, in K.C.C. chapter 20.12, the King County Flood Hazard Reduction Plan Policies and other policies established by the council;

              3.  Within available resources, maintaining major river channels, and surface and storm drainage systems and lands to minimize flood hazards and protect fisheries resources, drainage systems and lands, and water quality;

              4.  Providing coordination and technical assistance within the county and other governments to assist in setting and implementing priorities for water and land resources, including sample collection, laboratory services, monitoring, analysis and other activities to protect, enhance and evaluate the quality of land, habitat and water resources in the county;

              5.  Planning the surface water management capital program, providing design, engineering and construction management services related to the surface water management capital program including new facilities development and maintenance of the existing infrastructure and providing support services such as project management, environmental review, permit and right-of-way acquisitions, scheduling and project control;

              6.  Preparing standards for storm water management facilities that are constructed as part of land development;

              7.  Providing technical assistance and education to businesses and the general public to encourage environmental stewardship;

              8.  Implementing the county park, open space, trails, agriculture, forestry, and other natural resources acquisition programs, including planning, site selection, financing, acquisition, project budget management and purchasing fee and less than fee interests;

              9.  Monitoring and protecting the county’s development rights interests related to agricultural lands;

              10.  Consulting in the preparation of management plans for protection and use of the natural resource values of county owned lands, including natural resource lands, dedicated and deeded open space lands and lands acquired by the county as a condition of land development approval, and consulting with the parks and recreation division the appropriate means to execute such management plans;

              11.  The office of rural and resource lands shall be a distinct functional unit of the division reporting directly to the water and land resources division manager.  The office shall plan, manage and be responsible for administering the county’s rural and resource lands programs including, but not limited to, agriculture, farmlands preservation, current use taxation programs, forestry, noxious weeds, terrestrial wildlife and habitat, rural economic development, and encouraging environmental stewardship;

            12.  Planning, prioritizing, seeking funding for, designing and implementing restoration projects on natural resource lands, dedicated and deeded open space lands and lands acquired by the county as a condition of land development approval in coordination with the parks and recreation division; and

            13.  Administering and operating the mitigation reserves program’s in-lieu fee program.

            D.  The duties of the solid waste division shall include the following:

              1.  Managing and operating the county’s comprehensive solid waste program on a self-supporting basis;

              2.  Administering the county’s solid waste interlocal agreements with cities and towns;

              3.  Diverting as much material as possible from disposal in a manner that reduces the overall costs of solid waste management to county residents and businesses, conserves resources, protects the environment and strengthens the county’s economy;

              4.  Managing and being accountable for all transfer station operations and landfills, as well as the transportation of waste between county facilities;

              5.  Procuring and maintaining all capital and operating equipment specific to the solid waste function;

              6.  Providing planning, design, engineering and construction management services related to the solid waste capital program including new facilities development and maintenance of existing infrastructure;

              7.  Providing support services such as project management, environmental review, permit acquisitions, scheduling and project control; and

              8.  Actively pursuing all revenue sources in an effort to maintain the lowest possible rate structure for the benefit of county residents.

            E.  The duties of the parks and recreation division shall include the following:

              1.  Carrying out the county’s parks and recreation division mission, which is to provide regional trails, regional passive parks, regional resource and ecological lands and regional active recreation facilities, rural parks and local unincorporated area parks within the urban growth boundary until annexed, by employing entrepreneurial strategies that raise revenues to support park operations and facilitating agreements with other jurisdictions and entities to provide for recreational services and other activities;

              2.  Proposing and implementing adopted policies, plans and programs related to the provision of regional and rural parks and recreation facilities and programs and natural resource lands in King County and local parks in the unincorporated portion of King County within the urban growth boundary until those areas are annexed;

              3.  Within available resources, managing, operating and maintaining or facilitating the management, operation and maintenance of the county parks and recreation facilities;

              4.  Within available resources, maintaining, restoring or facilitating the maintenance of regional resource and ecological lands in consultation with the water and land resources division;

              5.  Monitoring and protecting the county's real property and development rights interests acquired through the conservation futures and other open space and natural resource programs, with the exception of development rights on agricultural lands, ensuring to the greatest extent practicable that subsequent county land use policies remain compatible with the acquired interests;

              6.  Preparing and implementing in consultation with the water and land resources division the management plans for protection and use of the natural resource values of county owned lands, including natural resource lands, dedicated and deeded open space lands and lands acquired by the county as a condition of land development approval, and determining appropriate means to execute those management plans;

              7.  Administering, operating and maintaining those lands designated as natural resource lands, using any work forces as appropriate;

              8.  Developing and maintaining an agency business plan under K.C.C. 2.10.064 and developing and monitoring a capital project plan as defined in K.C.C. chapter 4A.100;

              9.  Within available resources, developing and facilitating agreements for the development of specific active park and recreation facilities;

              10.  Coordinating with other departments and divisions as appropriate in the preparation of grant applications for park and open space acquisition, development and operations;

              11.  Developing, managing, or facilitating agreements for the provision of recreational programs;

              12.  Facilitating programs that promote the safe enjoyment of county-owned swimming pools and guarded swim beaches; and

              13.  Developing and administering for the wastewater treatment division use agreements under K.C.C. 4.56.150.E.1.d., rental or lease agreements under K.C.C. 4.56.150.F., permits under K.C.C. 7.12.040 or special use permits under K.C.C.  7.12.050, for the Brightwater Environmental Education and Community Center.  The applicable provisions for use of the Brightwater Environmental Education and Community Center facility are contained in K.C.C. chapter 28.84.  (Ord. 17929 § 6, 2014:  Ord. 17586 § 1, 2013:  Ord. 17254 § 3, 2012:  Ord. 17221 § 2, 2011:  Ord. 17142 § 4, 2011:  Ord. 16960 § 11, 2010:  Ord. 16369 § 3, 2009:  Ord. 15967 § 1, 2008:  Ord. 14776 § 3, 2003:  Ord. 14509 § 2, 2002:  Ord. 14199 § 14, 2001:  Ord. 12441 § 3, 1996:  Ord. 11955 § 9, 1995).

 

            2.16.055  Department of permitting and environmental review - duties - divisions.

            A.  The department of permitting and environmental review is responsible for:

              1.  Ensuring consistent and efficient administration of environmental, building and land use codes and regulations for commercial and residential projects by means of permit review and approval, construction inspections and public information;

              2.  Managing the development and implementation of unincorporated subarea plans in coordination with the regional planning function in K.C.C. 2.16.025 and in accordance with the King County Comprehensive Plan and state Growth Management Act requirements;

              3.  Participating on the interbranch regional planning team as specified in K.C.C. 2.16.025;

              4.  Administering the state Environmental Policy Act and acting as lead agency, including making the threshold determinations, determining the amount of environmental impact and reasonable mitigation measures and coordinating with other departments and divisions in the preparation of county environmental documents or in response to environmental documents from other agencies;

              5.  Effective processing and timely review of land development proposals, including zoning variance and reclassification, master drainage plans, variances from the surface water design manual and the King County road standards, critical area, subdivision, right-of-way use, urban planned development, clearing and grading, shoreline, special use and conditional use applications;

              6.  Pursuing and resolving code violations, including preparing for administrative or legal actions, evaluating the department's success in obtaining compliance with King County rules and regulations and designing measures to improve compliance;

              7.  Regulating the operation, maintenance and conduct of county-licensed businesses, except taxicab and for-hire drivers and vehicles; and

              8.  Developing and implementing an inspection program to identify fire hazards and require conformance with K.C.C. Title 17, reviewing building plans and applications for compliance with K.C.C. Title 17 and conducting inspections, including inspections of new construction, for compliance with K.C.C. Title 17.

            B.1.  The director of the department shall be the:

                a.  county planning director;

                b.  zoning adjuster;

                c.  responsible official for purposes of administering the state Environmental Policy Act;

                d.  county building official; and

                e.  county fire marshal.

              2.  The director may delegate the functions in subsection B.1. of this section to qualified subordinates.  (Ord. 17420 § 1, 2012: Ord. 15921 § 1, 2007;  Ord. 15319 § 1, 2005:  Ord. 14561 § 3, 2002:  Ord. 14199 § 15, 2001:  Ord. 12940 § 1, 1997:  Ord. 12441 § 5, 1996:  Ord. 12051 § 1, 1996: Ord. 11955 § 5, 1995).

 

            2.16.060  Department of public safety - duties - division.

            A.  The department of public safety, as identified in the Section 350.20.40 of the King County Charter, and managed by the King County sheriff, may also be known and cited in the King County Code and in other usage as the office of the sheriff.  Employees managed by the King County sheriff may be referred to in the King County Code or otherwise, as King County police, King County officer or deputy sheriff.

            B.  The department of public safety is responsible to keep and preserve the public peace and safety including the discharge of all duties of the office of sheriff under state law, except those duties relating to jails and inmates which are performed by other departments of county government.  The functions of the department include:

              1.  Oversee a crime prevention program, investigate crimes against persons and property and arrest alleged offenders;

              2.  Execute the processes and orders of the courts of justice and all other mandated functions required by law;

              3.  In coordination with the office of emergency management, plan and coordinate resources for the public safety and welfare in the event of a major emergency or disaster;

              4.  Provide service and administrative functions which support but do not duplicate other governmental activities, and which have the potential to be fiscally self-supportive;

              5.  Investigate the origin, cause, circumstances and extent of loss of all fires, in accordance with RCW 43.44.050.  Fire investigations shall be conducted under the direction of the fire investigation supervisor, who shall also be considered an assistant fire marshal for the purposes of chapter 43.44 RCW.  The functions of the fire and arson investigation unit include, but are not limited to:  investigation and determination of the origin and cause of fires; preparation of detailed informational, investigative and statistical reports; conducting criminal follow-up investigations, including detection, apprehension and prosecution of arson suspects; providing expert testimony in court for criminal and civil cases; maintenance of records of fires; preparation and submission of annual reports to the county sheriff and other entities as required by chapters 43.44 and 48.50 RCW; and

              6.  Consistent with the office of law enforcement oversight carrying out its authorities as identified in Section 365 King County Charter and K.C.C. chapter 2.75:

                a.  provide the office of law enforcement oversight all relevant information in a timely manner, including:

                  (1)  access to all relevant employees, facilities, systems, documents, files, records, data, interviews, hearings, boards, trainings and meetings;

                  (2)  access to crime scenes and related follow-up administrative investigations, in a manner so as to protect the integrity of the scene; and

                  (3)  notifications regarding the current status of all complaints consistent with K.C.C. 2.75.050.C.;

                b.  provide the oversight office with a reasonable opportunity to comment on all administrative investigations before notifying the subject employee of the findings;

                c.  provide the oversight office with a reasonable opportunity to comment on all sheriff’s office policies, rules, procedures or general orders; and

                d.  annually, in collaboration with the office of law enforcement oversight, establish or update, as needed, pilot projects and sheriff’s office policies and procedures related to implementation of the authorities of K.C.C. chapter 2.75, including such things as timelines and processes for achieving K.C.C. 2.16.060.B.6.a., b., c. and d., and records management and controls.

            C. The sheriff, to carry out the duties under subsection B. of this section, may establish the functions for the following divisions:

              1.  Office of the sheriff;

              2.  Patrol operations division;

              3.  Support services division;

              4.  Criminal investigation division;

              5.  Professional standards division;

              6.  Sound Transit division, which provides services to the Central Puget Sound Regional Transit Authority; and

              7.  Metro Transit division, which provides services to the King County department of transportation, transit division.  (Ord. 18500 § 9, 2017:  Ord. 15939 § 1, 2007:  Ord. 15921 § 2, 2007 [repealed by Ord. 16977 § 3, 2010]:  Ord. 13037 § 1, 1998:  Ord. 10808 § 2, 1993:  Ord. 7790 § 9, 1986:  Ord. 6333 § 2, 1983:  Ord. 6066 § 7, 1982: Ord. 1872 § 1, 1973: Ord. 1438 § 3(c), 1972).

 

            2.16.062  Destruction and disposition of confiscated firearms.

            A.  The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

              1.  "Antique firearms" means those firearms as defined by RCW 9.41.150 and firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol, tobacco and firearms.

              2.  "Machine gun" means any firearm, weapon, mechanism, or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into such weapon, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

              3.  "Rifles and shotguns" means any firearm with a barrel length of twelve inches or longer, but shall not include machine guns.

              4.  "Surplus firearms" means any firearm previously purchased, or converted to official use in accordance with RCW 63.40.010 by King County for use by the department of public safety or department of adult detention that are no longer serviceable or will become surplus as a result of those departments upgrading to newer weapons for duty service.

              5.  For purposes of this section only, "Handguns of potential value" means any handgun:

                a.  accepted as a duty weapon, or any type, make, model, and calibers normally used by law enforcement, that is, caliber .380 or larger;

                b.  manufactured after 1945 which has a current version in production after 1975, and would have a “new” retail replacement cost in excess of two hundred dollars each;

                c.  conditioned to operate legally and safely;

                d.  graded as “Good” or better according to National Rifle Association grading scales;

                e.  valued at one hundred fifty dollars or more retail; and

                f.  manufactured by Smith and Wesson, Colt, Ruger, Beretta, Browning, Walther, Sig/Sauer, Heckler & Koch, Glock, Dan Wesson, and Detonics.

              6.  Handguns manufactured by Charter Arms, Harrington and Richardson, Rohm/RG, Rossi, Taurus, Iver Johnson, High Standard and other similar lower value weapons, handguns considered as "assault" type handguns such as the Ingram/Cobray/RPB models  M-10 or M-11, Intratec Tech 9,  Wilkinson "Linda" or "Diane" and other similar rapid fire semi-automatic handguns normally manufactured and intended to use magazines with capacities in excess of 20 rounds, or handguns manufactured by another but sold under “house” names by department stores and/or discount stores, and/or all handguns caliber .25ACP or smaller with barrels less than 4” in length, and, which are not classified as curios, relics, or collectors arms per the list maintained by the United States treasury department, bureau of alcohol, tobacco and firearms, do not have potential value.

            B.  Inventory, destruction and disposition.  Within thirty days of May 7, 1993, the sheriff shall have prepared an inventory of every firearm that has been judicially forfeited, that has been seized and may be subject to judicial forfeiture, or that has been, or may be, forfeited due to a failure to make a claim under RCW 63.32.010, 63.35.020 or 63.40.010, or that is no longer needed for evidence.  The inventory shall be updated annually and include a report on the destruction and disposal of firearms included in the inventory.  The sheriff shall destroy every firearm in the inventory, according to the plan in subsection C. of this section as approved by the council, except that:

              1.  The sheriff may retain legally forfeited firearms solely for agency use;

              2.  The sheriff may trade, auction, or arrange for the auction of rifles and shotguns.

              3.  Antique firearms are exempt from destruction and shall be disposed of by auction or trade to commercial sellers; and

              4.  Surplus weapons and weapons of potential value may be offered as trade-in to law enforcement equipment dealers for the sole purpose of acquiring new handguns for duty use by commissioned members of the department of public safety or department of adult detention.  If not offered as trade-in, they shall be destroyed.

            C.  Report required.  The sheriff shall submit a report to the council within thirty days on the inventory of firearms under subsection B. of this section, which shall include a plan for the destruction or disposal of all firearms in the inventory.  (Ord. 17897 § 1, 2014:  Ord. 11167 § 1, 1993:  Ord. 10767 § 1-5, 1993).

 

            2.16.097  Civil fines and civil penalties – write offs.

            A.  Receivable civil fines, civil penalties and abatement costs assessed pursuant to Title 23 may be written off by the director of the department of permitting and environmental review, with the concurrence of the county administrative officer, under the following circumstances:

              1.  when the costs of the effort to collect the civil fine or penalty exceeds the recoupable fines and penalties, or

              2.  when the civil fine, penalty or abatement cost is determined to be uncollectable in the foreseeable future.

            B.  The director shall document the circumstances under which a decision was made to write off a civil fine, penalty or abatement cost.  (Ord. 17420 § 2, 2012:  Ord. 14199 § 17, 2001:  Ord. 13263 § 42, 1998).

 

            2.16.100  Career service exemptions.

            A.  Exemptions from the requirements of the career service personnel system shall be consistent with the provisions of Sections 550, 350.10 and 350.20 of the King County Charter.  Key subordinate units, as determined by the county council, and departmental divisions shall be considered to be executive departments.  Divisions of administrative offices shall be considered to be administrative offices for the purpose of determining the applicability of the charter provisions.

            B.  The county administrative officer, directors, chief officers and supervisors of departments, administrative offices, divisions, key subordinate units and other units of county government as required by law shall be exempt from the requirements and provisions of the career service personnel system.

            C.1.  The following are determined by the council to be key subordinate units due to the nature of the programs involved and their public policy implications and appointments to these positions shall be subject to confirmation by the council:

                a.  the chief information officer of the administrative office of information resource management;

                b.  the deputy director of the department of elections;

                c.  the manager of the records and licensing services division;

                d.  the director of the transit division; and

                e.  the director of the road services division.

              2.  When an ordinance is enacted designating a position as a key subordinate unit, no person then serving in the position shall continue to serve for more than ninety days after such enactment, unless reappointed by the executive and confirmed by the council.

            D.  If an administrative assistant or a confidential secretary, or both, for each director, chief officer of an administrative office and supervisor of a key subordinate unit are authorized, those positions are exempt from the requirements and provisions of the career service personnel system.  (Ord. 18001 § 1, 2015:  Ord. 17994 § 2, 2015:  Ord. 17678 § 7, 2013:  Ord. 17189 § 1, 2011:  Ord. 15971 § 35, 2007:  Ord. 14570 § 2, 2003:  Ord. 14516 § 4, 2002:  Ord. 14199 § 18, 2001:  Ord. 14036 § 2, 2001:  Ord. 11955 § 12, 1995).

 

            2.16.110  Appointment and confirmation of exempt officials.

            A.  The county executive shall appoint the county administrative officer and the director of each executive department, except the departments of assessments, public safety, elections and judicial administration. The county executive shall also appoint the division director of the youth detention facility through a competitive search process that includes participation by the superior court judges.  The appointment of the county public defender shall be consistent with Section 350.20.61 of the King County Charter and K.C.C. chapter 2.60.

            B.  The county administrative officer shall appoint the division directors and chief officers of each administrative office in the department of executive services.

            C.  The director of each executive department, at the discretion of the county executive, shall appoint exempt employees of his or her department as provided in Section 550 of the King County Charter.

            D.1.  All appointments by the county executive shall be subject to confirmation by a majority of the county council except exempt personnel assigned to his or her personal staff.

              2.  All appointments to positions of division director or chief officer of an administrative office not made by the county executive shall be subject to approval by the county executive.

            E.1.a.  All individuals appointed by the county executive, under Section 340.40 of the King County Charter, shall serve in an acting capacity, unless confirmed by the council.  The executive is authorized to appoint a person to serve in an acting capacity to fill a position requiring council confirmation for a period of no greater than one hundred fifty days. The executive shall notify the council within ninety days concerning the status of his or her search for qualified candidates for appointment to the vacant position. Thereafter, the individual may continue serving in an acting capacity for successive sixty-day periods only with approval by motion of the county council. The council shall grant at least one successive sixty-day extension if the executive certifies to the council’s satisfaction that the executive is actively pursuing a search for qualified candidates for appointment to the vacant position.  If no appointment is transmitted to the council for confirmation during the authorized period, the position shall be considered vacant for purposes of exercise of any authority given to the position under ordinance and no salary shall be paid for the position while it is so vacant.

                b.  Within seven calendar days of any executive appointment that is subject to council confirmation, the executive shall deliver written notice of said appointment to the council accompanied by a proposed motion confirming the appointment.

                c.  Upon the receipt of the notification by the executive of an appointment, accompanied by the proposed motion, the council shall act to consider confirmation of the appointment within ninety days.  Approval of the introduced motion by a majority of the council shall constitute confirmation of the appointee.  Once confirmed, the appointee is no longer serving in an acting capacity.

                d.  In considering the confirmation of executive appointments to offices of management level responsibility, the council shall base its review on the ability of the appointee to meet the following criteria:

                  (1)  a demonstrated reputation for integrity and professionalism;

                  (2)  a commitment to and knowledge of the responsibilities of the office;

                  (3)  a history of demonstrated leadership, experience and administrative ability;

                  (4)  the ability to work effectively with the executive, the council, other management, public agencies, private organizations and citizens; and

                  (5)  a demonstrated sensitivity to and knowledge of the particular needs and problems of minorities and women.

                e.  The appointee, before review of the appointment by the council, shall submit to the chair of the council:

                  (1)  a full and complete resume of his or her employment history, to include references attesting to the stated employment experiences; and

                  (2)  a signed statement acknowledging that the council’s confirmation process may require the submittal of additional information relating to the background and expertise of the appointee.

                f.  Upon receipt of an executive appointment, the chair or his or her delegate, subject to the council’s rules of procedure, shall notify council members of the appointment and attempt to allow a minimum of one work week for individual members to submit written questions to the reviewing committee.

              2.  It is understood that written inquiries submitted to the reviewing committee, by individual council members, may require a written response from the appointee or the executive, in matters pertaining to the process of appointment and other pertinent employment policies of King County.  (Ord. 17678 § 8, 2013:  Ord. 17189 § 2, 2011:  Ord. 14199 § 19, 2001: Ord. 13668 § 4, 1999:  Ord. 11955 § 13, 1995).

 

            2.16.120  Department of adult and juvenile detention – duties – divisions.*

            A.1.  The department of adult and juvenile detention is responsible to manage and be fiscally accountable for the Seattle division, the Kent division, the juvenile division, the community corrections division and the administrative services division, each of which shall have equal standing within the department.  Through the Seattle division and the Kent division, the department shall operate the King County adult correctional facility and the security operation of the work and education release unit in Seattle and the Regional Justice Center adult correctional facility in Kent.  Through the juvenile division, the department shall operate the county's juvenile detention facility.  Through the community corrections division the department shall administer programs that provide alternatives to confinement in the adult correctional facilities, as well as services and support functions directed toward reduction of the adult correctional facilities’ populations.  Through the administrative services division, the department shall administer personnel operation, budget and fiscal operations and other central support services for the department.  In addition, the administrative services division shall be responsible for the administration and monitoring of jail health expenditures and services through a jail health levels of service agreement and contract with its health services contractor.  The division shall monitor the provision of health care services and is responsible for ensuring that minimum inmate health care needs are met and monitoring the cost-containment provisions for both operational and health care related costs.

              2.  The judges of the superior court have final authority for approval of all screening criteria for admission to the juvenile detention facility and alternatives to confinement in the juvenile detention facility. The department shall implement such criteria approved by the superior court related to the juvenile detention facility.  The department shall implement the criteria approved by the superior and district courts related to adult detention facilities and alternatives to confinement, subject to the eligibility conditions in subsections E. and F. of this section.  The department may also accept, from the prosecuting attorney's prefiling diversion program, persons arrested for the following misdemeanor offenses for placement on work crews:  possession of less than forty grams of marijuana (RCW 69.50.4014); minor in possession of alcohol (RCW 66.44.270); possession of drug paraphernalia (RCW 69.50.412); and unlawful bus or transit conduct (RCW 9.91.025, K.C.C. 28.96.010).

            B.  The duties of the Seattle division and the Kent division shall include the following:

              1.  House adult persons who are any combination of arrested for, charged for or held on investigation of a criminal offense;

              2.  House adult persons during trial, and before sentencing after conviction;

              3.  House adult persons serving sentences not exceeding one year;

              4.  Maintain records and process and identify property of persons confined or committed to correctional facilities operated by the division;

              5.  Perform functions related to residential and building security, including supervision of persons confined or committed to correctional facilities operated by the division;

              6.  Transport confined or committed adult persons to and from court and provide secure escort of those persons outside the facilities;

              7.  Provide nutritional meals daily to confined or committed adult persons, including preparation of special meals in response to medical and religious requirements;

              8.  Provide health care to confined or committed adult persons in conjunction with the Seattle-King County department of public health, including medical, dental and psychiatric care;

              9.  Provide social services to and for confined or committed adult persons, including, but not limited to, the following: classifying those persons; evaluating mentally ill or developmentally disabled confined or committed persons, including referral to available community programs; reviewing those persons with psychiatric problems; reviewing other special population groups; providing general population group management; and providing outside agency access to those persons including special visitation, library, recreational and educational services; and

              10.  Ensure compliance with laws and regulations applicable to the management and operation of the correctional facilities.

            C.  The principle function of the juvenile division is to operate the county’s juvenile detention facility in a safe, secure and humane manner as prescribed by state law and court rules.  The juvenile division shall administer alternatives to secure detention as approved by the court, a school program, a health program and other related programs.  The juvenile division shall be operated in a manner that will give reasonable access to the defense bar, juvenile probation counselors and social service providers and educators, consistent with appropriate security measures and public safety.

            D.  The duties of the administrative services division shall include administering personnel operations, budget and fiscal operations and other central support services involving all divisions in the department to ensure consistency and efficiency of operations. The department’s director of the administrative services division shall oversee these operations and services, and the operations and services shall conform to county policies and procedures and to department guidelines and practices.

            E.  An individual is not eligible for the pretrial alternative to adult detention entitled community corrections alternative program basic if the individual is charged with a violent offense or sex offense and has one or more convictions of a violent offense or sex offense, as defined in RCW 9.94A.030, in the ten years before the date of the charged offense.

            F.  An individual is not eligible for the pretrial alternative to adult detention entitled community corrections alternative program basic if the individual is charged with a domestic violence felony offense and has one or more convictions of a domestic violence felony offense, as defined in RCW 9.94A.525, in the ten years before the date of the charged offense.  (Ord. 17456 § 1, 2012:  Ord. 17148 § 1, 2011:  Ord. 14561 § 8, 2002:  Ord. 13668 § 5, 1999:  Ord. 12432 § 2, 1996).

 

*See K.C.C. chapter 3.13A for training in the department of adult detention and K.C.C. Title 5 for the regional justice center.

 

            2.16.122  Community corrections division.

            A.  The community corrections division is established as a subordinate administrative office under Section 350.10 of the King County Charter.  The division manager shall be subject to Section 340 of the King County Charter, requiring that the appointed division manager be subject to council confirmation.  The department shall provide administration, analytic and other support to the division.

            B.  The duties of the community corrections division shall include:

              1.  Based on screening criteria approved by the superior and district courts and eligibility conditions in subsections C. and D. of this section, implementation of alternatives to adult detention, including, but not limited to, electronic home detention, work and education release, day and evening reporting and work crews;

              2.  Assessment of the needs of adult persons placed in alternatives to detention;

              3.  Contracting with private nonprofit community agencies to provide services for relicensing offenders; and

              4.  Accepting, from the prosecuting attorney's prefiling diversion program, persons arrested for the following misdemeanor offenses for placement on work crews, provided that the division considers such placement to be appropriate in light of the capacity of the work crew program and admission criteria developed by the division in conjunction with the prosecuting attorney's office:  possession of less than forty grams of marijuana (RCW 69.50.4014); minor in possession of alcohol (RCW 66.44.270); possession of drug paraphernalia (RCW 69.50.412); and unlawful bus or transit conduct (RCW 9.91.025, K.C.C. 28.96.010).

            C.  An individual is not eligible for the pretrial alternative to adult detention entitled community corrections alternative program basic if the individual is charged with a violent offense or sex offense and has one or more convictions of a violent offense or sex offense, as defined in RCW 9.94A.030, in the ten years before the date of the charged offense.

            D.  An individual is not eligible for the pretrial alternative to adult detention entitled community corrections alternative program basic if the individual is charged with a domestic violence felony offense and has one or more convictions of a domestic violence felony offense, as defined in RCW 9.94A.525, in the ten years before the date of the charged offense.  (Ord. 17456 § 2, 2012:  Ord. 17148 § 2, 2011:  Ord. 14561 § 9, 2002).

 

            2.16.130  Department of community and human services.

            A.  The department of community and human services is responsible to manage and be fiscally accountable for the community services division, the behavioral health and recovery division and the developmental disabilities division.

            B.  The duties of the community services division shall include the following:

              1.  Working in partnership with communities and other funders to develop, support and provide human services which emphasize prevention, early intervention, and community education, and which strengthen individuals, families and communities in King County;

              2.  Managing programs which increase family self-sufficiency, enhance youth resiliency, reduce community violence and strengthen communities.  The division shall also manage programs which address housing and community development needs, and help implement improvements identified in subarea and neighborhood plans for low and moderate income communities and population. Such programs are to include, but not be limited to, providing employment and training for youth and adults and providing assistance to indigent veterans and their families as authorized by chapters 41.02 and 73.08 RCW.  This division shall administer the county’s federal housing and community development funds and other housing and community development programs;

              3.  Developing housing and community development policies and programs to implement the growth management policies throughout King County to provide affordable housing to low and moderate income residents; and

              4.  Duties regarding the women's advisory board specified in K.C.C. 2.30.040.

            C.  The duties of the behavioral health and recovery division shall, subject to available resources and to its exercise of discretionary prioritization, include the following:

              1.  Managing and operating a comprehensive continuum of behavioral health services including prevention, mental health, substance use disorder and cooccurring disorder treatment services for children, youth and adults who meet eligibility criteria;

              2.  Managing and operating a twenty-four-hour crisis response system, including civil commitment as a last resort;

              3.  Selecting appropriate agencies for the provision of mental health services developing, implementing and monitoring the provision and outcomes of contracted services;

              4.  Being responsible for resource management of a comprehensive mental health system including provision of staff support to appropriate advisory boards, and serving as liaison to federal, state, and other governments and relevant organizations in carrying out planning and allocation processes;

              5.  Facilitating the continuing availability of appropriate treatment services for eligible individuals with a diagnosis of a mental illness substance use or cooccurring disorder disorder; and

              6.  Developing and maintaining a continuum of appropriate treatment services for eligible individuals.

            D.  The duties of the developmental disabilities division shall include the following:

              1.  Managing and operating a system of services for persons with developmental disabilities in accordance with relevant state statutes and county policies and to provide staff support to the King County board for developmental disabilities; and

              2.  Negotiating, implementing and monitoring contracts with community agencies for the provision of developmental disabilities services.  (Ord. 18171 § 1, 2015:  Ord. 17588 § 2, 2013:  Ord. 17189 § 3, 2011:  Ord. 13666 § 1, 1999:  Ord. 13498 § 1, 1999:  Ord. 13326 § 1, 1998: Ord. 11955 § 6, 1995).

 

            2.16.135  Department of elections.

A.  The department of elections, as identified in Section 350.20.50 of the King County Charter, shall be managed by the county director of elections who shall perform the duties specified by general law.

            B.  The department of elections is responsible for:

              1.  Coordinating and recording the registration of voters in the county;

              2.  Conducting all special and general elections held in the county;

              3.  Creating and printing the King County voter's pamphlet [voters’ pamphlet];

              4.  Maintaining and being the official repository of political boundary maps, geographic information systems data and of the King County copies of campaign financial disclosure forms; and

              5.  Administering other public and nonpublic elections, as required by state law and county code and administrative rules.

            C.  The director may delegate powers and duties in performing the functions in subsection B. of this section to a deputy director.

            D.  The deputy director of the department of elections must be a certified elections administrator and continue to meet all certification requirements of the Washington state Office of the Secretary of State. (Ord. 17994 § 1, 2015).

 

            2.16.136  Department of elections – voting materials preparation – reports on languages used in county-translation of voting materials – outreach to language communities – costs.

            A.1.  For all elections administered by the department of elections, the director of elections shall prepare voting materials, to the extent not already provided by the office of the Washington state Secretary of State, in languages determined through the process described in subsection B. of this section, in addition to those languages required by Section 203 of the Voting Rights Act of 1965, P.L. 94-73, 42 U.S.C. 1973aa-1a.  The director of elections shall make the voting materials available to any resident of King County upon request of that person, and in addition shall make the voter registration materials required by this section broadly available, including to King County offices required to make them available under K.C.C. 2.16.137.  The director of elections shall record the numbers of ballot and voter pamphlet requests in each language other than English, and include this information in the report required in subsection C. of this section.

              2.  For the purposes of this section, "voting materials" include, but are not limited to:

                a.  voter registration notices, voter registration forms and voter registration instructions, to the extent not already provided by the office of the Washington state Secretary of State;

                b.  ballots and ballot instructions; and

                c.  local voters' pamphlets, in conformity with K.C.C. chapter 1.10 and chapter 29A.32 RCW.

            B.  In 2016 and at least every five years thereafter, the director of elections shall review data on limited-English-proficient populations in King County and shall determine, in consultation with community leaders of limited-English-proficient populations and the office of performance, strategy and budget, each single language that has ten thousand or more limited-English-proficient King County residents.  The director of elections shall make this determination by referring to the best available data from the United States Census Bureau or other source the director considers relevant and reliable.  The director of elections shall file a report of this determination, including a list of all languages that meet the threshold of ten thousand or more limited-English-proficient residents, and the supporting analysis by January 30, 2017, and at least every five years after the first report is filed.  The director of elections shall file the report in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy director and the director of elections.

            C.1.  Beginning for the first general election after the director files a report required by subsection B. of this section, the director shall provide translated voting materials, in addition to the languages required under section 203 of the Voting Rights Act of 1965, P.L. 94-73, 42 U.S.C. 1973aa-1a, in all languages determined by the director under subsection B. of this section, unless within forty-five days of the filing of the determination report, an ordinance is enacted that adopts a different list.  If a different list is enacted by ordinance, the director shall provide materials in all languages included in that list.

              2.  Until forty-five days have elapsed from the filing of the first report required by subsection B. of this section, the director of elections shall prepare and make available to the public at the same time as voting materials in English at least Spanish and Korean language voting materials.

            D.  The director of elections shall also ensure the provision of targeted outreach to all language communities identified under subsections B. and C. of this section to promote awareness of and requests for translated voting materials.  The outreach may include, but not be limited to, engagement of community leaders from and outreach to community organizations serving limited-English-proficient populations, minority language media purchases, such as advertising, attendance and materials distribution at large limited-English-proficient community events, and recruitment of bilingual election workers.  The director of elections shall maintain and make available to the public at least one hundred twenty days before each primary and general election a list of the languages other than English in which the department will provide translated material and assistance, and the specific form of that assistance.

            E.  The cost of providing the materials and services described in subsections A., C. and D. of this section shall be considered a cost of elections, of which a pro rata share shall be recovered from constituent jurisdictions and the state.  (Ord. 18086 § 2, 2015).

 

            2.16.137  County offices to provide voter information to public – determination of offices and languages involved.

            A.  All King County offices open to the public shall, to all customers or applicants for services:

              1.  Offer voter registration notices, voter registration forms, and voter registration instructions, in all languages made available by the office of the Washington secretary of state and by the department of elections under K.C.C. 2.16.136; and

              2.  Provide the same degree of assistance to all customers and applicants without regard to the customer or applicant's choice of whether or not the customer or applicant accepts or declines voter registration materials.

            B.  The executive, in consultation with the director of elections, as soon as possible and in no event later than for the general election of 2016 and for every election thereafter, shall determine the specific county offices required to offer the materials described in subsection A. of this section and shall establish procedures to provide the materials required under subsection A. of this section in appropriate languages, as made available by the office of the Washington state Secretary of State and by the department of elections under K.C.C. 2.16.136, to individuals that they serve.  (Ord. 18086 § 3, 2015).

 

            2.16.140  Department of transportation – duties – divisions.

            A.  The department of transportation is responsible to manage and be fiscally accountable for the road services division, transit division, fleet administration division, airport division and marine division.  The department shall perform the metropolitan public transportation function as authorized in chapter 35.58 RCW, K.C.C. Title 28 and other applicable laws, regulations and ordinances; provided, that financial planning for and administration of the public transportation function shall be conducted consistent with financial policies as may be adopted by the council.  The department shall administer the county roads function as authorized in applicable sections of Titles 36 and 47 RCW and other laws, regulations and ordinances as may apply.  The department shall administer the passenger ferry service function as authorized in chapter 36.54 RCW, K.C.C. chapter 2.120 and other applicable laws, regulations and ordinances.  The department's functions include, but are not limited to, the activities set forth in subsections B. through F. of this section for each division, administration of grants and the coordination of transportation planning activities with other county agencies and outside entities to integrate transportation planning and land use planning.

            B.  The road services division is responsible to design, construct, maintain and operate a comprehensive system of roadways and other transportation facilities and services to support a variety of transportation modes for the safe and efficient movement of people and goods and delivery of services.  The duties of the division shall include the following:

              1.  Designing, constructing and maintaining county roads, bridges and associated drainage facilities;

              2.  Designing, installing and maintaining county traffic signs, markings and signals;

              3.  Designing, installing and maintaining bicycle and pedestrian facilities;

              4.  Managing intergovernmental contracts or agreements for services related to road maintenance and construction and to other transportation programs supporting the transportation plan;

              5.  Inspecting utilities during construction and upon completion for compliance with standards and specifications; assuring that public facilities disturbed due to construction are restored;

              6.  Performing detailed project development of roads capital improvement projects that are consistent with the transportation element of the county’s Comprehensive Plan, and coordinating such programming with other county departments and divisions assigned responsibilities for Comprehensive Plan implementation;

              7.  Incorporating into the roads capital improvement program those projects identified in the transportation needs report, community plans, related functional plans and elsewhere consistent with the county’s Comprehensive Plan;

              8.  Preparing, maintaining and administering the county road standards;

              9.  Preparing and administering multi-year roads maintenance and capital construction plans and periodic updates;

              10.  Administering the transportation concurrency and mitigation payment programs; and

              11.a.  Performing the duties of the office of the county road engineer, which is hereby established as an administrative office of the road services division.  The office of the county road engineer shall be an office of record, supervised by the county road engineer hired in accordance with RCW 36.80.010 and reporting to the division director of the road services division.  The office of the county road engineer shall be located within the corporate limits of the county seat.

    b.  The county road engineer shall carry out all duties assigned to the county road engineer as prescribed by state statute, except as modified by the county executive as authorized in subsection B.11.c. of this section.

                c.  The county executive may assign professional engineering duties of the county road engineer to someone other than the county road engineer, except as otherwise assigned by King County Code, and only if the individual assigned those duties shall be qualified as required under RCW 36.80.020. The executive shall provide to the county council and the Washington State County Road Administration Board, in writing, those specific professional engineering duties not assigned to the county road engineer, the name and position of each person responsible for carrying out those assigned duties, the specific reporting and working relationships with the county road engineer and the duration for which those duties have been assigned.

            C.1.  The transit division is responsible for the operation and maintenance of a comprehensive system of public transportation services in King County.  The duties of the division shall include the following:

                a.  providing all necessary customer services including telephone and other customer information and support systems; managing sales and distribution of fare media, research, market strategies and marketing functions;

                b.  implementing programs, policies and strategies for the public transit in King County; developing and scheduling new products and service and managing contract services;

                c.  developing and implementing transportation programs under the Americans with Disabilities Act of 1990 (ADA) including preparing policy recommendations and service models and contracting for the delivery of service;

                d.  delivering and managing transit service in the county including service quality and service communication functions;

                e.  managing and maintaining the transit system infrastructure, including trolley power distribution and overhead systems, bases, customer facilities, and the radio communication and data system;

                f.  maintaining transit rolling stock including all revenue vehicle fleets and those vehicles required to support the operation of the transit system, except such vehicles as may be included in the motor pool; managing a central stores function, unit repair facilities and all purchasing activities relative to the procurement of the revenue vehicle fleet;

                g.  managing the design, engineering and construction management functions related to the transit capital program including new facilities development and maintenance of existing infrastructure; providing support services such as project management, environmental review, permit and right-of-way acquisitions, schedule and project control functions;

                h.  managing rideshare operations functions including vanpool, carpool, and regional ride matching programs; and

                i.  preparing and administering public transportation service and supporting capital facility plans and periodic updates.

              2.  The council may assign responsibility for services ancillary to and in support of the operation and maintenance of the metropolitan public transportation system under chapter 35.58 RCW, including, but not limited to, human resources, accounting, budgeting, finance, engineering, fleet administration, maintenance, laboratory, monitoring, inspection and planning, as it determines appropriate.

            D.  The duties of the fleet administration division shall include the following:

              1.  Acquiring, maintaining and managing the motor pool and equipment revolving fund for fleet vehicles and equipment including, but not limited to, vehicles for the department of natural resources and parks, facilities management division, and transportation nonrevenue vehicles. Transportation department vehicles determined by the director to be intricately involved in or related to providing public transportation services shall not be part of the motor pool;

              2.  Establishing rates for the rental of equipment and vehicles;

              3.  Establishing terms and charges for the sale of any material or supplies which have been purchased, maintained or manufactured with money from the equipment revolving fund;

              4.  Managing training programs, stores function and vehicle repair facilities;

              5.  Administering the county alternative fuel program and take-home assignment of county vehicles policy; and

              6.  Inventorying, monitoring losses and disposing of county personal property in accordance with K.C.C. chapter 4.56.

            E.  The airport division is responsible for managing the maintenance and operations of the King County international airport.  The duties of the division shall include the following:

              1.  Developing and implementing airport programs under state and federal law including preparing policy recommendations and service models;

              2.  Managing and maintaining the airport system infrastructure;

              3.  Managing, or securing services from other divisions, departments or entities to perform, the design, engineering and construction management functions related to the airport capital program including new facilities development and maintenance of existing infrastructure; providing support services such as project management, environmental review, permit and right-of-way acquisitions, schedule and project control functions; and

              4.  Preparing and administering airport service and supporting capital facility plans and periodic updates.

            F.  The marine division is responsible for the administration, maintenance and operation of passenger ferry service in King County.  The duties of the division shall include the following:

              1.  Managing, acquiring, constructing and maintaining King County's marine transportation system infrastructure;

              2.  Managing, or securing services from other divisions, departments or entities, to perform the design, engineering and construction management functions related to the passenger ferry capital program including vessel procurement, new facilities development and maintenance of existing infrastructure;

              3.  Providing general administration of the passenger ferry service, such as project management, grants management, procurement, labor negotiations, environmental review, permit and real property acquisitions and managing contract services; and

              4.  Planning, implementing, administering and operating passenger ferry service in King County that is integrated with and subject to the methodology of the King County Metro Service Guidelines, used to design and modify transit services.  (Ord. 18413 § 1, 2016: Ord. 17935 § 4, 2014: Ord. 15972 § 1, 2007:  Ord. 15049 § 1, 2004:  Ord. 14199 § 20, 2001:  Ord. 13997 § 1, 2000:  Ord. 12441 § 4, 1996:  Ord. 11955 § 11, 1995).

 

            2.16.175  Juvenile court services – detention facilities – administration by the county executive.

            A.  The responsibility for the administration of detention services, together with building maintenance, are transferred to the county executive from the King County superior court, subject to subsection B of this section.

            B.  The administration of detention services shall revert to the judges of the superior court if a majority of the judges find that any one or more of the following conditions are not being complied with and that the interests of juveniles or the community require reversion, except that, before such a vote, the superior court and the executive shall first meet and attempt to resolve any concerns:

              1.  The services that are being transferred to the executive shall be maintained at a level consistent with and providing for the needs of juveniles, over whom the superior court has jurisdiction, and of the needs of the community in relation to those juveniles;

              2.  The detention facility and all detention services for juveniles shall be operated separately from the adult detention facility so that there is no contact, physically or programmatically, between juvenile offenders and adult inmates;

              3.  The manager of the youth detention facility shall be at least at the level of a division manager within the newly created department of juvenile and adult detention.  Upon a vacancy, the executive shall replace the manager of the youth detention facility through a competitive search process that includes participation from the superior court;

              4.  The staff of adult detention and juvenile detention shall be separate and distinct.  Staff of the adult detention facility shall not be assigned to the juvenile detention facility without having received adequate training to qualify as a juvenile detention officer.  The superior court shall participate in the development of the training curriculum that is provided to juvenile detention officer.

            C.  The county executive, sheriff, prosecuting attorney, presiding judges of the superior court and district court, chair of the law and justice committee of the county council, the director of the department of adult detention, the director of community and human services and the director of judicial administration constitute the members of the criminal justice council. The criminal justice council shall act as adviser to the superior court in the oversight of the juvenile detention facility.  The criminal justice council shall establish a subcommittee to assist with the oversight.  The criminal justice council subcommittee charged with assisting in the oversight shall provide opportunity for participation by citizens and the public defender agencies providing services to juveniles.  During the summer of 2001, the criminal justice council shall conduct an evaluation to review the performance of the juvenile detention division and to make recommendations to the superior court on whether juvenile detention should remain in the department of adult and juvenile detention and whether probation related services should remain under the court’s supervision.  (Ord. 13668 § 3, 1999).

 

            2.16.190  Liability.  Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the county, or its officers, employees or agents, for any injury or damage resulting from any act or omission in connection with the implementation or enforcement of this chapter on the part of the county by its officers, employees or agents.  (Ord. 11955 § 14, 1995).

 

            2.16.210  Department of assessments – duties – divisions.  The department of assessments is administered by the county assessor, who performs duties specified by general law.  The primary purpose of the department is to establish the value of property in King County subject to ad valorem taxation.

            The department is responsible to manage and be fiscally accountable for the following divisions:

            A.  RESIDENTIAL APPRAISAL DIVISION.  The functions of the residential appraisal division include:

              1.  Cyclic appraisal of all real property in King County, including incorporated areas, for property tax purposes.

              2.  Field inspection and valuation of all real property, new construction and subdivisions.

              3.  Defense of valuations before the King County board of equalization, Washington State Board of Tax Appeals, and in courts of law.

            B.  PROGRAM PLANNING DIVISION.  The functions of the program planning division include:

              1.  Planning and coordination of computer system requirements for the department, including liaison with the computer and communication services division of the department of information and administrative services of executive administration.

              2.  Statistical analysis and management information reporting to support valuation of property.

            C.  ADMINISTRATIVE SERVICES DIVISION.  The functions of the administrative services division include:

              1.  Managing the department’s public information unit to provide access to computer information regarding assessments, property characteristics, property history, and tax bill information.

              2.  Managing property and office rentals for the department.

              3.  Administrative functions of the department including personnel, budget, payroll, and resources needed by department appraisers to discharge their responsibilities.

              4.  Coordinating all training for department employees.

            D.  ACCOUNTING DIVISION.  The functions of the accounting division include:

              1.  Setting levy rates, levy codes, and tax district boundaries, certification of the tax roll for collection to the treasury division of the office of financial management, exemptions and refunds, entering information in the computer master files and setting up new real property parcels such as plats and condominiums in assessment files.

              2.  Managing changes in real property and entering them on assessor maps and maintaining map overlays showing taxing districts, levy codes, zoning, appraisal areas, and wetland boundaries.

              3.  Providing work materials to the appraisal divisions and entering data from the residential and commercial appraisal divisions into the property based system computer files, maintaining residential and commercial property folios, and processing building permits.

            E.  COMMERCIAL DIVISION.  The functions of the commercial division include:

              1.  Valuation of business related depreciable assets, such as machinery and equipment, in King County.

              2.  Valuation of leased business equipment in King County.

              3.  Valuation of mobile homes in King County.

              4.  Valuation of all commercial real property in King County.

            F.  CHIEF APPRAISER DIVISION.  The functions of the chief appraiser division shall be to provide policy guidance on the interpretation and implementation of the uniform standards of professional appraisal practice.

            G.  DIVISION MANAGER STATUS.  Each division manager shall be in an exempt status.  Should personnel presently filling a position as division manager have career service status, the position will become exempt when a vacancy occurs. (Ord. 12475 § 1, 1996:  Ord. 12075 § 4, 1996).

 

            2.16.215  Assessor - advertising agreements authorized - restrictions - use of venue.

            A.  The assessor may negotiate and enter into agreements for advertising on the assessor's website for the purpose of providing financial support for assessor programs.  The advertising shall be restricted to commercial speech.

            B.  Advertisers and sponsors shall abide by the nondiscrimination requirements of K.C.C. Title 12.  Furthermore, an advertising agreement may not result in advertisement of tobacco products in violation of K.C.C. chapter 12.51.

            C.  The assessor may impose additional subject-matter restrictions on advertising consistent with applicable law.

            D.  Revenue generated from advertising entered into under this section shall be applied solely to assessment services.  (Ord. 17927 § 2, 2014).

 

            2.16.250  Continuation of authorizations and duties, and changes to names of departments, divisions, offices, and director and manager positions in the King County Code.  From time to time, the council establishes, abolishes, combines or divides administrative offices, executive departments, and divisions.  The King County Code is not always timely updated to reflect these changes in organization. Except as specifically provided in the ordinances effecting such organizational changes to departments offices and divisions, the authorizations and duties assigned to the previous departments, offices and divisions, and associated officials, shall continue to be exercised and performed by appropriate departments and offices, and the associated officials, in the current executive branch organization. (Ord. 14199 § 21, 2001:  Ord. 12341 § 1, 1996).

 

            2.16.260  High-value data set publication.

            A.  For the purposes of this section:

              1.  "High-value data set" means a collection of data that is related to one of the core services of the county, improves public knowledge of the agency and its operations, increases government accountability and responsiveness or creates economic opportunity.  For purposes of this legislation, documents, emails and calendars are generally not considered high value data sets.

              2.  "Open format" means a format that is published and available without requiring a specific manufacturer's software or hardware to access or use.

            B.1.  King County shall strive within existing budgeted resources to publish on-line in an open format existing, high-value sets data maintained by the county that are appropriate for unrestricted public access.

              2.  In selecting high value data sets for on-line publication, the executive shall seek input from the public, including those seeking to develop applications using county data.

            C.1.  The executive shall make all data sets selected for publication available on a single web site designed to allow easy access, downloading and manipulation of the data.

              2.  Data sets shall be updated and new data sets added to the web site as resources allow.

              3.  The web site shall include:

                a.  information about each data set, including information on who to contact if there are questions about the data sets;

                b.  terms of use statement for the users of the data; and

                c.  a means for the public to give feedback on and assessment of the quality of the data and provide input about which data to prioritize for publication on the web site.

            D.  High value data set[s] available on the web site shall not include the names of individuals or any other personal identifying data as defined in K.C.C. 2.14.010 or any information that is exempt from disclosure under the Public Records Act, chapter 42.56 RCW.  (Ord. 16838 § 1, 2010).

 

2.18    DIRECTOR OF ELECTIONS

 

Sections:

            2.18.010      Qualifications.

            2.18.020      Qualifications - continuance for term - failure causes vacancy.

            2.18.030      Exception - holding another office while filing and running as candidate.

            2.18.040      Exception - director filing and running for another office.

            2.18.050      Filing form.

            2.18.100      Reports to council.

 

            2.18.010  Qualifications.

            A.  The person shall not hold an office in a political party while serving as the director of elections;

            B.  For one year immediately before filing to run for, being appointed to or holding the office, the person shall not be or have been employed by, or performed compensated services for or hold a financial interest in, a nongovernmental entity that designs, manufactures or sells elections tabulation or voter registration equipment or software.  For the purposes of this subsection, "financial interest" means an interest that exceeds one-tenth of one percent of the outstanding securities of the nongovernmental entity; or if the interest is in an unincorporated business concern, exceeds one percent of the net worth of such concern; or the financial interest in the nongovernmental entity exceeds five percent of the net worth of the person and the person's immediate family, as defined in K.C.C. 3.04.017.H.  Nothing in this subsection is intended to prevent a person from holding the office who has been employed by, performed services for or holds a financial interest in a nongovernmental entity that sells, designs or manufactures equipment or software that has broad commercial application beyond the field of elections tabulation or voter registration; and

            C.  No later than thirty months after having been elected or appointed to the office of elections director, the director shall have earned the certification of elections administrator from the Washington state Office of the Secretary of State, and shall meet all continuing education requirements of the Secretary of State.  (Ord. 16302 § 2, 2008).

 

            2.18.020  Qualifications - continuance for term - failure causes vacancy.  The director of elections shall continue to fulfill the qualifications established in this chapter for the term of office.  The failure to continue to fulfill any qualification of this chapter causes a vacancy in the office, which shall be filled in accordance with Section 680.10 of the King County Charter.  (Ord. 16302 § 6, 2008).

 

            2.18.030  Exception - holding another office while filing and running as candidate.  This chapter does not prevent an elected official from holding another public office while filing and running as a candidate for King County director of elections.  (Ord. 16302 § 3, 2008).

 

            2.18.040  Exception - director filing and running for another office.  This chapter does not prevent the director of elections from filing and running for another public office while still serving as the director of elections.  (Ord. 16302 § 4, 2008).

 

            2.18.050  Filing form.  For the initial election of a director of elections, the manager of the elections division shall establish a candidate filing form for the office of director of elections whereby candidates filing for office swear or affirm that they comply with all the qualifications for the office as established by state law, the King County Charter and the King County Code.  The filing form shall contain the specific requirements of this chapter.  Following the initial election, the elected director of elections shall establish the filing form in conformance with applicable King County Charter and King County Code provisions.  (Ord. 16302 § 5, 2008).

 

            2.18.100  Reports to council.

            A.  The director of elections shall, each year, provide to the county council a report that contains information on elections.  The report shall include:

              1.  Detailed costs of conducting and administering special, primary and general elections in the county.  The format for this information shall be the same as the department of elections uses to tabulate costs for which it invoices jurisdictions for the costs of running and administering elections.  The time series for the cost of elections shall be the most-recent ten years of data ending with a general election;

              2.  Voter turnout data for the most-recent ten years for all special, primary and general elections.  The turnout data shall include the number of voters credited with voting as well as the percentage of active registered voters who were credited with voting;

              3.  Accuracy data as measured by ballot reconciliation figures including, but not limited to, those required by Washington state law to be reported to the Secretary of State.  The time series for the accuracy data shall begin with the general election of 2005 and continue until there is a decade of data.  When there is more than ten years of accuracy data, only the most-recent ten years shall be reported;

            4.  Information about voters’ pamphlets, including the overall costs and costs to participating jurisdictions, level of local participation, impacts on election turnout, reception of the pamphlet by voters and participants and any other information necessary to an analysis of the program by the council; and

            5.  Information about developing trends in the elections department, which incorporates ongoing reforms and continuous improvement programs.

            B.  The director of elections shall transmit to the council the report required by subsection A. of this section by March 31 of each year, filed in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers and the lead staff for the government accountability and oversight committee or its successor.  (Ord. 18167 § 20, 2015:  Ord. 17210 § 1, 2011).

 

2.20    COUNTY AUDITOR

Sections:

            2.20.005      Audit office established.

            2.20.010      Appointment.

            2.20.015      Auditor selection process.

            2.20.020      Qualifications.

            2.20.030      Term of office.

            2.20.035      Types of audits.

            2.20.037      Law enforcement audits.

            2.20.039      Transit audits.

            2.20.040      Scope of authority.

            2.20.042      Audit standards and quality assurance.

            2.20.045      Audit work program.

            2.20.050      Reporting of formal audits.

            2.20.055      Performance measurement and reporting.

            2.20.070      Violation enjoinment.

            2.20.080      Staff.

 

            2.20.005  Audit office established.  There is hereby established within the legislative branch, pursuant to Section 250 of the King County charter, the county audit office.  The organization and administration of the audit office shall be sufficiently independent to assure that no interference or influence external to the office shall adversely affect an independent and objective judgment by the auditor.  The office shall be generally responsible for assisting the county council in its oversight function through the conduct of performance and financial audits and special studies of county agencies under the directorship of the county auditor.  The office shall be provided a discrete budget and staffing allowance.  (Ord. 15241 § 1, 2005:  Ord. 8264 § 1, 1987).

 

            2.20.010  Appointment.  The King County auditor shall be appointed by a majority of the council following a selection and screening process as herein described.   (Ord. 8264 § 2, 1987:  Ord. 394 § 1, 1970).

 

            2.20.015  Auditor selection process.

            A.  The selection process shall include at a minimum the following:

              1.  Review and update of the auditor’s job classification description, if necessary;

              2.  Advertise the availability of the position;

              3.  Establishment of an ad hoc auditor screening committee responsible for the screening and preliminary interviewing of candidates; and

              4.  Final interview and selection of appointee by the council.

            B.  The auditor screening committee shall be composed of five members appointed by the council and selected as follows:

              1.  Two members from a private sector accounting firm or a nonprofit organization with experience in performance auditing or program evaluation, and may include certified public accountants with a financial auditing background;

              2.  Two members from government agencies with experience in performance auditing or program evaluation;

              3.  One member who is a non‑elected, nonpartisan member of the legislative branch; and

              4.  At least two out of the five members of the screening committee shall have management and supervisory experience, at least two out of the five members shall have governmental performance auditing experience and one shall have governmental financial management experience.

            C.  The screening committee shall screen, interview and score applicants for the auditor position, making a slate of the top ranking candidates for the council’s consideration.  At the council’s discretion, the committee may also be formed to make recommendations to the council on any decision to reappoint the auditor.  (Ord. 15241 § 2, 2005:  Ord. 8264 § 3, 1987).

 

            2.20.020  Qualifications.  The auditor selected shall be a person able to analyze problems of performance, program operations, financial management and administration, internal controls and public policy and shall not be actively involved in partisan affairs.  (Ord. 15241 § 3, 2005:  Ord. 394 § 2, 1970).

 

            2.20.030  Term of office.  The auditor shall serve a term of four years, or for a specified period less than four years which shall be set by the majority of the council at the time of appointment, unless removed for cause at any time by vote of two‑thirds majority of the council, and shall be reconsidered for reappointment at the end of the term of office.  (Ord. 3455 § 1, 1977:  Ord. 394 § 3, 1970).

 

            2.20.039  Transit audits.

            A.  The county auditor shall establish an ongoing transit audit function, in order to conduct performance and financial audits consistent with government audit standards and as described in K.C.C. 2.20.035, of the county's transit services program within the department of transportation and commonly referred to as the Metro transit system.

            B.1.  In addition to or as part of the regular audits required in subsection A. of this section, the auditor shall conduct a review and assessment of the Metro transit system performance, system allocation and financial reports for:

                a.  compliance with transit policies, including but not limited to the Strategic Plan for Public Transportation 2011-2021, the King County Metro Service Guidelines and Public Transportation Fund Management policies, or their successor adopted documents; and

                b.  comparison to peer transit agencies.

              2.  For any assessment performed under this subsection, the auditor shall file the assessment in the form of a paper original and electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council's chief of staff and policy staff director and the lead staff for the government accountability and oversight and transportation, economy and environment committees or their successors.  The auditor shall post a copy of the assessment on the Internet within five days of transmitting it to the council.

            C.  The auditor shall identify the elements of subsections A. and B. of this section to be performed in the audit work program described in K.C.C. 2.20.045.

            D.  By July 1 of each even-numbered year, the auditor shall file a report summarizing the results of work completed in the last twenty-four months in relation to subsections A. and B. of this section, and report on whether and what actions the county took responsive to findings in transit audits and assessments completed in the previous three years.  The auditor shall file the report in the form of an original and electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council's chief of staff and policy staff director and the lead staff for the government accountability and oversight and transportation, economy and environment committees or their successors.  The auditor shall post a copy of the report on the Internet within five days of transmitting it to the council.

            E.  To accomplish the purposes of this section, the auditor shall utilize qualified personnel with expertise in public transportation and as necessary, retain independent consulting services with appropriate expertise.

            F.  Following filing of the second biennial report, the council shall, in consultation with the auditor, assess the benefits and costs of the transit audit function for the purpose of evaluating whether to retain it in its current form, modify it or repeal it.  (Ord. 17936 § 1, 2014).

 

            2.20.035  Types of audits.  The auditor, as a minimum, shall be responsible for performing the following types of audits:

            A.  Performance audits, which are an independent assessment of the performance of an agency or program based on objective criteria including best practices.  It may evaluate an agency's or program's efficiency, effectiveness, economy, management controls or compliance with legislative intent and agency or program objectives;

            B.  Financial audits, which may include determining whether financial information is properly presented, internal controls for financial data are adequate, assets are safeguarded and financial compliance requirements are met; and

            C.  Special studies, which may encompass oversight, monitoring, cost-benefit analyses or other reviews with a unique scope, and may also include evaluation of program efficiency or effectiveness.  (Ord. 15241 § 4, 2005:  Ord. 8264 § 4, 1987).

 

            2.20.037  Law enforcement audits.

            A.  The county auditor shall establish a permanent ongoing law enforcement audit process.

            B.  The auditor shall acquire an outside law enforcement expert to conduct an initial audit of the sheriff's office internal investigation operations and practices and subsequently thereafter provide for periodic review of the sheriff's office.  These reviews should include at a minimum an annual written report to the council.

            C.  The auditor shall assess and review reports and recommendations from the office of law enforcement oversight that provide council-directed oversight of the sheriff's office internal investigation unit.  The auditor shall also review the effectiveness of the office of law enforcement oversight and make recommendations for reform when necessary.

            D.  The sheriff's office shall send any audits and reports produced under the sheriff's authority on investigation and complaint operations and performance to the auditor's office.  The reports shall be transmitted in a timely manner.  The auditor shall review and consider the findings and recommendations of, and the sheriff's responses to, these reports when planning the auditor's annual work program for the review of the council and shall conduct audits of internal investigation and complaint resolution operations as mandated in the auditor's annual work program.  The auditor's independent authority to audit the sheriff's office shall not be replaced or otherwise affected by the creation of any audit or similar function within the sheriff's office.

            E.  To accomplish the purposes of this section, the auditor shall either hire qualified personnel with expertise in law enforcement oversight or contract for independent consulting services with appropriate expertise, or both.  (Ord. 16511 § 9, 2009:  Ord. 15611 § 10, 2006).

 

            2.20.040  Scope of authority.

            A.  The county auditor shall conduct performance audits, financial audits and special studies at the request of the county council.  In the course of performing this work, the auditor shall have full and unrestricted access to and authority to examine any and all property and records contained in any form that are related to the financial and operational matters of any department, agency, program or other entity that receives appropriations or funding of any type from the county.

            B.  Officers and employees of any organization under review by the auditor shall furnish or provide access to requested records or property to enable the auditor to conduct the audit or otherwise perform audit duties.  If the officers and employees fail to produce or provide access to the records or property, the auditor, upon approval by the council, may issue a subpoena compelling access.  All records requested by the auditor shall be provided without charge.

            C.  The auditor shall have full access to officers and employees who may have custody of or access to records or property and to question them regarding their knowledge of the financial and operational matters under review.  Those persons shall fully cooperate with the auditor and make full disclosure of all pertinent information.  If they refuse to provide the requested information, the auditor may summon them to appear before the auditor and question them, under an oath administered by the auditor, concerning the financial and operational matters under review.

            D.  The county auditor also may perform the following functions:

              1.  To determine if legislative laws, policies and regulations are being faithfully, efficiently and effectively implemented by county officials;

              2.  To determine whether county agencies or programs are achieving their desired results;

              3.  To review both the management and accounting control systems to determine whether the systems are adequate and effective in accomplishing their objectives;

              4.  To hold accountable county officials in their use of public funds and other resources at their disposal;

              5.  To determine if there have been abuses of discretion, arbitrary actions or errors of judgment, and be alert for indications of fraudulent behavior;

              6.  To determine if financial or other reports disclose fairly and fully all information required by law that is necessary to ascertain the nature and scope of programs and activities and to evaluate program activities;

              7.  To submit reports to the council resulting from performance or financial audits or special studies;

              8.  To give information to the county council when requested upon any subject relating to the financial affairs, operations, or performance of the county; and

              9.  To encourage due diligence by county officials.  (Ord. 15241 § 5, 2005:  Ord. 1565 § 1, 1973).

 

            2.20.042  Audit standards and quality assurance.

            A.  Performance audits and financial audits performed under this chapter shall follow applicable generally accepted government auditing standards as promulgated by the United States Government Accountability Office and other applicable professional standards.  Follow-up studies and special studies performed under this chapter shall follow the general standards section of those standards, with the type and extent of the internal quality review to be based on what is most appropriate for the project.  All other types of studies performed under this chapter shall employ those audit standards and policies and procedures considered to be necessary and relevant to the type of study being conducted, in order to ensure professional objectivity, thoroughness and quality.

            B.  The auditor's office shall undergo an external quality control peer review every three years as prescribed in the government auditing standards.  (Ord. 15241 § 6, 2005).

 

            2.20.045  Audit work program.

            A.  The council shall review and approve annually by motion a work program prepared by the auditor for the auditor’s office.  The work program shall include the various types of performance and other audits and any recommended special studies to be conducted and managed by the auditor.  It shall also include any objective, independent analytical oversight work directed by the council that would fall outside of the regular definition of an audit or special study.

            B.  The council may move to amend the approved annual work plan to meet special circumstances as they may arise.  However, no council-initiated change to the work plan shall be made that adversely affects an audit or study in progress without the recommendation of the auditor.

            C.  If the auditor determines that there is serious concern regarding fraud, abuse or illegality, or that the scope of an audit or study in progress should be expanded as the result of any findings, the auditor may initiate spontaneously and conduct, or expand the scope of, an audit beyond that approved in the work program.  The auditor shall notify the council of the change.  (Ord. 15241 § 7, 2005:  Ord. 8264 § 5, 1987).

 

            2.20.050  Reporting of formal audits.

            A.  Results of completed audits shall be communicated by the auditor in a written report, which may include either a formal written audit report or a management letter.

            B.  The report shall identify operational, managerial, financial, performance and policy matters that need to be addressed by county officials and management.

            C.  The auditor shall provide a draft of the audit for technical review of factual content by the director or other official who has authority over the department, agency or program under review.

            D.  With technical changes incorporated, the auditor shall transmit a proposed final report to the agency.  The elected official presiding over the agency shall provide a formal written response to the auditor within fourteen calendar days after receipt of the proposed final audit report.  The written response shall indicate:

              1.  Concurrence, partial concurrence or nonconcurrence with audit recommendations, including any explanation of why full concurrence may not be feasible; and

              2.  Actions that will be taken to implement the recommendations and to correct deficiencies cited.  The agency shall also establish a timeline for implementing the audit recommendations or alternate corrective actions.

            E.  The final audit report shall include the formal agency response.  The auditor may add comments to the final audit report based on the nature of the agency response.  If an agency response is not transmitted to the auditor, the auditor shall note this and the reason, if known.  The auditor's office shall present the final report to the council or a designated council committee within thirty calendar days of completing the final report.  If a presentation is not scheduled within that thirty-day period, the auditor's office, at the auditor's discretion, shall publish the final audit report.

            F.  The council shall designate a committee to receive and review all audits and special studies.  That committee shall also be charged with providing on-going oversight for the performance of the office including the development of the work program.

            G.  After the release of the audit to the council, the auditor shall post a copy of the audit on the Internet.  (Ord. 17161 § 1, 2011:  Ord. 15971 § 36, 2007:  Ord. 15241 § 8, 2005:  Ord. 8264 § 6, 1987:  Ord. 1193 § 1, 1972:  Ord. 682, 1971:  Ord. 394 § 5, 1970).

 

            2.20.055  Performance measurement and reporting.  The county auditor may provide oversight, including technical assistance, to county departments, agencies and programs in the development and reporting of strategic plans, business plans, performance measures and other performance improvement efforts as directed by the council.  (Ord. 15241 § 9, 2005).

 

            2.20.070  Violation enjoinment.  Notwithstanding the existence or use of any other remedy, the county auditor may seek regular or equitable relief to enjoin any acts or practices and abate any conditions which constitute or will constitute a violation of this code or other regulations herein adopted. (Ord. 1565 § 3, 1973).

 

            2.20.080  Staff.  The auditor, with consultation of the council, may employ staff assistants, clerical personnel or use of services of public accounting firms or consultants as may be necessary for conduct of the auditor’s office.  (Ord. 15241 § 11, 2005:  Ord. 1565 § 4, 1973).

 

2.21    CLAIMS AGAINST COUNTY

 

Sections:

            2.21.010      Purpose.

            2.21.020      Definitions.

            2.21.030      Risk management division - duties of risk manager.

            2.21.040      Risk management committee.

            2.21.050      Legal representation and indemnification - civil division duties - costs and expenses.

            2.21.060      Duties of county departments, agencies, officers, employees and agents.

            2.21.070      Procedure for handling claims.

            2.21.080      Procedure for handling lawsuits.

            2.21.090      Defense of county officers, employees, agents and their marital communities.

            2.21.100      Recovery of losses.

 

*For statutory provisions regarding claims against counties, see chapter 36.45 RCW.

 

            2.21.010  Purpose.  The purpose of this chapter is to establish risk management policies for the county and to define procedures for the executive and the prosecuting attorney regarding the processing and disposition of claims and claims lawsuits against the county.  (Ord. 17408 § 3, 2012:  Ord. 3581 § 1, 1978.  Formerly K.C.C. 4.12.010).

 

            2.21.020  Definitions.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

            A.  "Chief civil deputy" means the chief deputy of the civil division, office of the prosecuting attorney or the chief civil deputy's designee;

            B.  "Civil division" means the civil division of the office of the King County prosecuting attorney;

            C.  "Claims" means any claim that names the county, its officer, employee or agents, while acting in good faith with no reasonable cause to believe the conduct was unlawful and within the scope of the county officer, employee or agent's service to or employment with the county as a cause or causes of injury or damage and that alleges a tort cause of action and asks for money damages;

            D.  "Committee" means the risk management committee established by K.C.C. 2.21.040;

            E. "Enterprise risk management" means a countywide approach to risk management that proactively identifies and addresses potential risks across all operations.  It is designed to ensure that organizational leadership integrates consideration of risk into the county's culture and processes, including but not limited to business and strategic planning and performance measurement;

            F.  "Lawsuit" means any lawsuit that names as a defendant the county, its officers, employees or agents, while acting in good faith within the scope of their official duties, that alleges a tort cause of action and that asks for money damages;

            G.  "Risk management" means a coordinated and continuous management process to identify potential loss exposures, to apply reasonable and effective risk controls and to insure that the financial integrity of the county is not impaired after a loss; and

            H.  "Safety manager" means the manager of the safety and claims management division of the department of executive services.  (Ord. 17883 § 1, 2014:  Ord. 17408 § 4, 2012:  Ord. 8428 § 1, 1988:  Ord. 3581 § 2, 1978.  Formerly K.C.C. 4.12.020).

 

            2.21.030  Risk management division - duties of risk manager.

            A.  The risk management division is established in K.C.C. chapter 2.16.  The manager of the risk management division shall be the risk manager, who shall report directly to the director of the department of executive services.

            B.1.  The risk manager shall be responsible for administration of the risk management program.

              2.  The risk manager shall coordinate with the civil division on contractual matters giving rise to potential liability on the part of the county.  The risk manager shall seek the advice of the civil division as to appropriate language regarding insurance, indemnification, releases and hold harmless clauses.  Thereafter, the risk manager shall advise department directors and division managers concerning these matters as part of a coordinated process before finalization of county contracts.

              3.  The risk manager shall be the chairperson of the committee and shall advise the committee concerning insurance, risk management policies, broker selection and other appropriate matters.

              4.  With the approval of the committee, the risk manager shall select appropriate insurance brokers by use of a competitive procurement process for the marketing of insurance and related services.

              5.  The risk manager shall be responsible for the purchasing and administration of all insurance policies, funded self-insurance programs and related services as are consistent with good risk management policy and the needs of the county.  In purchasing insurance policies, the risk manager shall obtain the approval of the committee.

              6.  The risk manager shall advise all county departments and other county agencies regarding risk management and reduction of risk and exposure to loss, including programs and precautions for safety to reduce hazards to the public that may exist in county facilities and operations, and utilizing enterprise risk management in order to integrate risk management processes countywide and proactively identify, analyze, respond to and monitor risks and opportunities for risk-reduction.  The risk manager shall cooperate with the safety manager in areas in which, in the opinion of the risk manager, the safety of employees and of the public requires coordinated programs.  The risk manager shall also be responsible for answering all insurance or funded self-insurance coverage questions.  The risk manager shall be responsible for the evaluation of current and future county or departmental insurance coverage programs and have the authority to make recommendations where such an action is in the best interests of the county.

              7.  The risk manager shall have the power, subject to budget authorization, to contract for such outside assistance and perform such other acts as are necessary to carry out the risk manager's responsibilities in an expeditious manner.

              8.  The risk manager is responsible for establishing reserve requirements for all claims and lawsuits and recommending financing plans and budget actions to assure that adequate resources are available to meet risk management financing requirements.

              9.  The risk manager is responsible for risk identification, control and reduction, including authority to make recommendations to all county departments and agencies regarding the safety of the public using county facilities or services.

            C.1.  The risk manager shall have the power to employ the services of claims specialists or other persons who are necessary to process claims in an equitable and expeditious manner.

              2.  The risk manager shall cooperate with the civil division in coordinating information pertinent to claims and lawsuits against the county.

              3.  The risk manager shall dispose of claims as authorized in K.C.C. 2.21.070.E.

              4.  The risk manager shall maintain complete histories of all claims and claims litigation, insured or funded self-insurance, loss histories and investigations of claims.  The risk manager shall be responsible to ensure that complete files are maintained of all claims asserted against the county and all incidents reported to the risk management division sufficient to document at least a five-year claims history.

            D.1.  The risk manager shall report quarterly to the council on claims that have been closed with an indemnity payment in the amount of one hundred thousand dollars or more.  The report shall identify the claimant; describe the claim; identify the amount of the indemnity payment; identify if the payment was a result of a settlement, a judgment or a payment to an insurance company or other party; and include any other information the risk manager believes would be helpful to the council in understanding the nature of the claim. The report shall take the form of a letter with an attached table that provides the information required in this section.  The quarterly report is due thirty days after the end of each calendar quarter of the year.

            2.  The risk manager on or before March 31 of each year shall report to the council on the performance of the risk management program, including but not limited to the number of claim filings, amount of claim payments, insurance coverage and self-insured retention.  The annual report shall also include enterprise risk management results for the previous year and plans for the current year, including, but not limited to, enterprise risk management goals, priorities, agency actions and measurable results.

            E.  The reports required by this section shall be filed in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy of the report to all councilmembers.  (Ord. 17883 § 2, 2014:  Ord. 17408 § 6, 2012:  Ord. 16913 § 1, 2010:  Ord. 11984 § 3, 1995.  Formerly K.C.C. 4.12.030).

 

            2.21.040  Risk management committee.

            A.  There is created a risk management committee to be composed of the risk manager, the safety manager; the chief civil deputy and the director of the office of performance, strategy and budget.  The risk manager shall chair the committee.  The safety manager shall be a nonvoting member of the committee and shall inform and advise the committee on safety matters and coordinate employee safety programs with the risk identification and control functions of the committee.

            B.  The risk management committee shall:

              1.  Make recommendations to the council and executive regarding risk management policy and shall cause the policy to be established and kept current;

              2.  Approve the selection of insurance brokers chosen as a result of a competitive procurement process;

              3.  Advise the risk manager on matters concerning the purchase of insurance policies and advise on the design of insurance and funded self-insurance programs;

              4.  Advise the risk manager concerning matters of risk management policy; and

              5.  Approve the purchase of all insurance policies.  (Ord. 17408 § 8, 2012:  Ord. 16960 § 22, 2010:  Ord. 14561 § 21, 2002: Ord. 12076 § 38, 1995.  Formerly K.C.C. 4.12.040).

 

            2.21.050  Legal representation and indemnification - civil division duties - costs and expenses.

            A.  This section is consistent with and implements RCW 36.27.020, which makes the prosecuting attorney the legal advisor of the county.

            B.1.  Subject to the other provisions of this chapter, the county shall provide legal representation and indemnification to protect county officers, employees, agents and their marital communities from personal liability for alleged violations of civil or criminal law resulting from or based upon alleged acts or omissions of the officers, employees or agents.  To have the benefit of the legal representation and indemnification, the county officer, employee or agent must have performed or acted in good faith, with no reasonable cause to believe the conduct was unlawful and within the scope of the county officer's, employee's or agent's service to or employment with the county.

              2.  The civil division shall provide legal advice to the risk manager regarding the disposition of all claims against the county.

              3.  The civil division shall keep the risk manager advised of the current status and progress of all claims litigation.

              4.  The civil division shall direct any recommendations for settlement of claims or lawsuits to the authority designated by K.C.C. 4.21.030 and 4.21.080 as having final settlement authority.  In recommending settlement of claims or lawsuits, the civil division shall consult, in conjunction with the risk management office, with the department or other county agency most involved with the litigation or named as a party to the lawsuit.

              5.  In reviewing contract language involving indemnification, releases, hold harmless clauses or insurance matters, the civil division shall provide advice to the risk manager.

              6.  The prosecuting attorney may contract with outside counsel for legal services where appropriate.

              7.  The chief civil deputy of the civil division shall resolve any questions relating to:

                a.  whether a county official, employee or agent acted in good faith with no reasonable cause to believe the conduct was unlawful and within the scope of the county officer, employee or agent's service to or employment with the county;

                b.  whether, for purposes of the issues raised by a particular claim or lawsuit, a person is in fact a county official, employee or agent; or

                c.  whether or not a county officer, employee or agent performed or acted as required to have the benefit of county legal representation and indemnification.

            C.  Any reasonable costs and expenses incurred in the provision of legal representation and indemnification for criminal law allegations, driving infractions and professional licensing matters shall be paid from the funds appropriated to the particular county department or agency employing or retaining the affected county officer, employee or agent.  Any reasonable costs and expenses incurred in the provision of legal representation and indemnification for tort claims and lawsuits shall be paid from available insurance or funded self-insurance program.  (Ord. 17408 § 10, 2012:  Ord. 8428 § 5, 1988:  Ord. 3581 § 6, 1978.  Formerly K.C.C. 4.12.050).

 

            2.21.060  Duties of county departments, agencies, officers, employees and agents.

            A.  All county departments or agencies and the officers, employees and agents of those departments and agencies shall cooperate fully and in good faith with the risk manager and the civil division in the investigation and defense of claims and lawsuits.  When deemed necessary by the chief civil deputy or deputy prosecutor assigned to the case, the assistance may include, but not be limited to, the providing of testimony and exhibits for use in litigation.  Any request for information by the office of risk management shall be considered a request by the civil division.

            B.  Except as specifically directed by the risk manager or the civil division, a county department or agency, or a county official or speaking agent, or an employee or agent represented by the civil division or by outside counsel at the county's expense should not:

              1.  Negotiate or otherwise affect the settlement of a claim or lawsuit against the county; or

              2.  Make an admission of liability involving a claim or lawsuit against the county.

            C.  Except as specifically directed by the risk manager or the civil division, a county department or agency, or a county official or speaking agent, or an employee or agent represented by the civil division or by outside legal counsel at the county's expense should not:

              1.  Discuss with persons who are not county employees incidents that could reasonably lead to claims or lawsuits against the county; or

              2.  Discuss with persons who are not county employees incidents that are the subject of pending claims or lawsuits.

            D.  In the event of an accident, incident or occurrence causing bodily injury or property damage involving county vehicles, property or personnel acting within the scope of their employment, the knowledgeable county officers, employees and agents shall provide notice to the office of risk management as soon as practicable.  The notice shall include all reasonably obtainable information with respect to the time, place and circumstances of the accident, incident or occurrence and the names and addresses of all knowledgeable county personnel, injured or affected parties and available witnesses.  (Ord. 17408 § 12, 2012:  Ord. 8428 § 6, 1988:  Ord. 3581 § 7, 1978.  Formerly K.C.C. 4.12.060).

 

            2.21.070  Procedure for handling claims.

            A.1.  All claims against the county for damages arising out of tortious conduct shall be presented to and filed with the clerk of the council on a claim form provided by the county or the state.

              2.  All such claims shall be verified by oath or affidavit and shall:

                a.  describe the conduct and circumstances that brought about the injury or damage;

                b.  describe the injury or damage;

                c.  state the time and place the injury or damage occurred;

                d.  state the names of all persons involved, if known; and

                e.  contain the amount of damages claimed, together with a statement of the actual residence of the claimant at the time of presenting and filing the claim and for a period of six months immediately before the time the claim arose.

              3.  If the claimant is incapacitated from verifying, presenting and filing the claim, if the claimant is a minor or if the claimant is a nonresident of the state, the claim may be verified, presented and filed on behalf of the claimant by any relative, attorney or agent representing the claimant.  With respect to the content of such claims, this section shall be liberally construed so that substantial compliance will be deemed satisfactory.

            B  An action shall not be commenced against the county for damages arising out of tortious conduct until a claim has first been presented to and filed with the clerk of the council.

            C.  This section shall not affect the applicable period of limitations within which an action must be commenced, but the period shall begin and shall continue to run as if no claim were required.

            D.  The clerk of the council shall immediately transmit the original of the claim to the risk manager and notify the civil division of the transmittal.

            E.1.  For all claims of one hundred thousand dollars or less, the risk manager shall have the final payment authority and shall make final disposition by either granting or denying the claim;

              2.  For all claims over ten thousand dollars, the risk manager shall seek the advice of the civil division before final disposition.

              3.  For all claims above one hundred thousand dollars, the county executive shall make final disposition after receiving advice from the civil division and the risk manager.  (Ord. 17408 § 14, 2012:  Ord. 8428 § 7, 1988:  Ord. 3581 § 8, 1978.  Formerly K.C.C. 4.12.070).

 

            2.21.080  Procedure for handling lawsuits.

            A.  Service of a summons and complaint shall be as provided in K.C.C. 2.04.010.  Any county official or employee who is served with a summons and complaint in a lawsuit against the county or against any of its officials, employees or agents alleged to be acting in their official capacities shall immediately deliver the summons and complaint to the clerk of the council.

            B.  The clerk of the council, upon accepting service of the summons and complaint shall immediately deliver the summons and complaint to the civil division.  The civil division shall docket the lawsuit and send a copy of the summons and complaint to the office of risk management.

            C.  The prosecuting attorney shall defend, or provide for the defense of, all lawsuits against the county or any of its officials, employees or agents, acting in good faith with no reasonable cause to believe the conduct was unlawful and within the scope of the county officer, employee or agent's service to or employment with the county, as long as the individuals discharge their obligations in K.C.C. 2.21.060.

            D.  Final authority for settlement of self-insured lawsuits shall be as follows:

              1.  The risk manager, acting with the advice of the civil division, may authorize settlements of one hundred thousand dollars or less; and

              2.  The executive, acting with the advice of the civil division and the risk manager, may authorize settlements of more than one hundred thousand dollars.  (Ord. 17408 § 16, 2012:  Ord. 8428 § 8, 1988:  Ord. 3581 § 9, 1978.  Formerly K.C.C. 4.12.080).

 

            2.21.090  Defense of county officers, employees, agents and their marital communities.

            A.  The purpose of this section is to protect county officers, employees, agents and their marital communities from personal liability for acts committed by those individuals in good faith and within the scope of their official county duties.

            B.  The chief civil deputy shall determine all questions relating to scope and status in accordance with K.C.C. 2.21.050.B.7.

            C.  When a county officer, employee, agent or the marital community of the county officer, employee or agent is sued in a lawsuit for an act or alleged act falling within the scope of the officer's, employee's or agent's official duties, the prosecuting attorney shall be responsible for defense of that person or community in accordance with K.C.C. 2.21.050, 2.21.060 and 2.21.080 and this section.

            D.  This section may not apply if a claim or lawsuit is covered fully by insurance.

            E.  If a possible conflict exists between the county and a county official, employee or agent, acting in good faith within the scope of his or her official duties, the prosecuting attorney may at the prosecuting attorney's sole discretion, appoint outside counsel as a special deputy prosecuting attorney to represent the person.  In those cases, the county shall be responsible for payment of costs incurred in the defense.

            F.1.  Subject to the other provisions of this chapter, the county shall provide legal representation and indemnification to protect county officers, employees, agents and their marital communities from personal liability for alleged violations of civil or criminal law resulting from or based upon alleged acts or omissions of the officers, employees or agents.  To have the benefit of the legal representation and indemnification, the county officers, employees or agents must have performed or acted in good faith, with no reasonable cause to believe the conduct was unlawful and within the scope of the county officer, employee or agent's service to or employment with the county.

              2.  For the purposes of subsection F.1. of this section, "alleged violations of civil or criminal law":

                a.  includes but is not limited to, professional licensing matters if a complaint has been filed regarding an officer, employee or agent’s professional license; and

                b.  does not include motor-vehicle-related infractions unless the chief civil deputy determines that, in a particular instance, a motor vehicle infraction should be included because it is in the best interests of the county. (Ord. 17408 § 18, 2012:  Ord. 8428 § 9, 1988:  Ord. 3581 § 10, 1978.  Formerly K.C.C. 4.12.090).

 

            2.21.100  Recovery of losses.

            A.  The risk manager and the civil division shall be responsible for bringing all actions, including claims and lawsuits, for recovery of losses to the county arising out of the acts of others.  The losses may include property damages or losses that impact on the county as a result of personal injuries to county officers or employees.  In addition, the civil division may join the county as a party with any third party in a lawsuit involving recovery of loss to the county.

            B.  Any moneys recovered, excluding costs of recovery, by the risk manager or civil division on account of losses to the county shall be paid to the budget unit or department that has expended funds or materials as a result of the loss.  Any moneys recovered in excess of those so expended shall be transferred to the insurance fund.  (Ord. 17408 § 20, 2012:  Ord. 3581 § 11, 1978.  Formerly K.C.C. 4.12.100).

 

2.22    DEPARTMENT OF COMMUNITY AND HUMAN SERVICES

 

Sections:

            2.22.100   Opiate substitution treatment.

 

            2.22.100  Opiate substitution treatment.

            A.  As used in this section, the following terms have the meanings set forth in this subsection.

              1.  “Certified opiate substitution treatment program” means an outpatient clinic certified for opiate substitution treatment by state and federal agencies and is located in King County.

              2.  “Client” means an individual accepted for opiate substitution treatment by a certified opiate substitution treatment program.

              3.  "Council" means the King County council as defined by the King County Charter.

              4.  “Department” means the King County department of community and human services.

              5.  “Director” means the director of the King County department of community and human services.

              6.  “Executive” means the King County executive as defined by the King County Charter.

              7.  “Opiate substitution treatment” means dispensing an opiate substitution drug approved by the Federal Drug Administration for the treatment of opiate addiction and providing a comprehensive range of medical and rehabilitative services.

            B.  Under the authority of RCW 70.96A.410, there shall be nine certified opiate substitution treatment programs licensed by King County to offer opiate substitution treatment; provided, that treatment programs so certified as of March 12, 1986, shall be licensed. Licensed certified opiate substitution treatment programs shall not have a caseload in excess of state requirements.

            C.  Pursuant to K.C.C. chapter 2.98, RCW 70.96A.410 and applicable state rules, the director shall prepare and implement:

              1.  Procedures to annually license certified opiate substitution treatment programs as county opiate substitution treatment programs.  The procedures shall require current state certification, compliance with state treatment rules, completion of all license application requirements established by the director and payment of the annual license fee.  If an existing county licensed program loses its state certification, is found to be out of compliance with the treatment rules adopted by the state, fails to fulfill county licensing requirements or is no longer operating when its license expires, or if additional treatment capacity is found to be needed, then the director shall issue a new license or licenses but in no case more than a total of nine licenses to a certified program or programs meeting all county licensing requirements  and that are already  licensed, if  determined  able  by  the  department  to  serve additional clients and if the sites used by the providers are consistent with local zoning codes and public process.  However, if the county determines to provide opiate substitution treatment itself, these annual licensing procedures do not apply, and no licenses shall be issued to certified programs that are not operated by the county or the department.  Also, the licenses shall expire twelve months from the date of issuance unless renewed.  The director shall conduct a study of the feasibility of the county operating an opiate substitution treatment program; and

              2.  Procedures to monitor and enforce the provisions of this section, RCW 70.96A.410 and 70.96A.420 and applicable state rules.

            D.  The director shall provide the annual report to the council.  The report shall include the status of all county licensed opiate substitution treatment programs.  The director shall consult with each treatment program license on or after March 1, 2000 regarding other promising means of treating addicts.  The director shall provide a written report to the executive and each member of the council prior to September 1, 2000 on other possible alternative treatments.  If the director feels that any of these alternative approaches have promise, then the director's report shall include suggestions on any steps needed to achieve more widespread use of alternative approaches.

            E.  The executive shall propose for council adoption an annual fee to be charged to each licensed certified opiate substitution treatment program to meet costs of carrying out the provisions of this section.  The annual fee shall not be prorated or rebated for any reason.

            F.  Should any section, subsection, paragraph, sentence, clause or phrase of this section be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this section. (Ord. 13704 § 1 and 2, 2000:  Ord. 12525 § 2, 1996:  Ord. 11184 § 1, 1993:  Ord. 7999, 1987:  Ord. 7738 §§ 1-8, 1986:  Ord. 5261 § 2, 1980:  Ord. 2238 § 1, 1975).

 

2.28    MEMBERSHIP ON BOARDS, COMMISSIONS AND COMMITTEES

 

Sections:

            2.28.001      Applicability.

            2.28.0015   Nomination and appointment - procedures, considerations.

            2.28.002      Appointment and confirmation.

            2.28.003      Powers of appointees.

            2.28.004      Vacancy.

            2.28.005      Qualifications.

            2.28.006      Per diem.

            2.28.010      Terms of members of boards, commissions and committees.

            2.28.020      Annual executive report required.

            2.28.030      Annual gathering and reception for county board and commission members.

            2.28.050      Public records training.

 

            2.28.001  Applicability.  All members of county boards and commissions shall be appointed, hold office, be confirmed or rejected according to the provisions of this chapter; provided, however, that this chapter shall not affect boards and commissions to the extent that they are expressly dealt with under state law, county charter or ordinance in a manner different than that set forth herein.  (Ord. 11319 § 1, 1994).

 

            2.28.0015  Nomination and appointment - procedures, considerations.

            A.  Each councilmember must provide the executive with a nomination to represent the councilmember's council district.  If the executive does not appoint the person nominated by the councilmember, the executive shall request that the councilmember nominate another person.

            B.  At-large positions designated for the council shall be appointed by the executive after receiving nominations from the council.  When notified of a vacancy in one of these four at-large positions, the council chair shall inform the council at an open public meeting of the vacancy and seek nominations from councilmembers.  At a subsequent council meeting, the chair shall inform the council of the names of all nominees received from councilmembers and that all nominations have been forwarded to the executive.  If the executive does not appoint a person who has been nominated by the council, the executive must request that the council nominate other candidates for appointment.

            C.  When appointing and confirming members to boards, commissions and committees it shall be the goal to have geographical diversity and balance.  The women’s advisory board created under K.C.C. 2.30.010, the conservation futures citizen oversight committee established under K.C.C. 2.36.070, the Harborview medical center board of trustees established under K.C.C. 2.42.030 and the civil rights commission created under K.C.C. 3.10.010, should not have more than two members from a single council district.  This subsection does not apply to a board, commission or committee until the board, commission or committee attains the council district and at-large membership as specified in Ordinance 15548, Section 7*.  (Ord. 15548 § 1, 2006).

 

*Available in the King County Archives.

 

            2.28.002  Appointment and confirmation.  The executive shall appoint members of boards and commissions by executing a letter of appointment when a vacancy exists.  The letter shall be filed with the clerk of the council and the board of ethics.  The executive shall transmit with the letter of appointment a draft motion confirming the appointment together with such supporting and background information regarding the appointee as the executive deems would assist the council in considering confirmation.  The letter shall specify the position to which the member is being appointed and the length of the term being filled.  Confirmation or rejection shall be by council motion. (Ord. 11319 § 2, 1994).

 

            2.28.003  Powers of appointees.

            A.  An appointment shall be deemed to have been made on the date the letter of appointment is filed with the clerk of the council as required by section 2.28.002.  All appointments are subject to confirmation or rejection by the council.

            B.  An appointee may exercise the powers of office beginning thirty (30) days after appointment or such earlier time as he or she is confirmed by the council.  Appointees remain subject to later confirmation or rejection by the council.

            C.  Any member whose term has expired shall continue to serve until his or her successor is appointed and either is confirmed or is authorized to exercise official power under the provisions of paragraph B. of this section; provided, however, that the office of a holdover who has been reappointed and rejected by the council shall be deemed vacant and such holdover shall not exercise the powers of such office; and provided further that no member who has vacated an office as provided by law shall serve as a holdover in that office.  (Ord. 11319 § 3, 1994).

 

            2.28.004  Vacancy.

            A.  Grounds for vacancy.  A position shall be deemed vacant upon the occurrence of any of the events specified in RCW 42.12.010 or the following events:

              1.  Withdrawal by an appointee who has not yet been confirmed;

              2.  Failure to continue to meet qualifications for appointment during the term of office.

              3.  Voluntary resignation prior to the expiration of an appointed term.

            B.  Notice of vacancy.  Any board or commission receiving notice of events constituting a vacancy shall immediately give written notice of such vacancy to the executive and the clerk of the council.

            C.  Effect of vacancy.  Until a successor is appointed and either confirmed or is authorized to exercise official power under the provisions of section 2.28.003 B., the board or commission shall be deemed temporarily reduced in number for all official purposes except as otherwise provided by law; provided, however, that no board or commission shall be temporarily reduced hereby to less than two members.

            D.  Appointment to fill vacancy, an unexpired term.  A person appointed to fill an unexpired term shall be appointed to serve only to the completion of the original term of office.  (Ord. 11319 § 4, 1994).

 

            2.28.005  Qualifications.  The council by ordinance may specify qualifications for appointment to any or all boards and commissions; provided, however that such qualifications shall not reduce or eliminate qualifications otherwise required by law.  (Ord. 11319 § 5, 1994).

 

            2.28.006  Per diem.  The council by ordinance may provide for per diem compensation for members of specific boards and commissions.  (Ord. 11319 § 6, 1994).

 

            2.28.010  Terms of members of boards, commissions and committees.  Whenever the county council creates or recreates boards, commissions and committees, original terms of members will be as follows except where otherwise stated in this code:

            A.  Boards, commissions or committees of three to nine members: one-third to one-year terms, one-third to two-year terms, one-third to full terms as defined by this code;

            B.  Boards, commissions or committees with terms of two years or less: one-half for half of a full term, one-half for a full term;

            C.  Boards, commissions or committees of more than nine members: one-fourth for one year, one-fourth for two years, one-fourth for three years or the full term if the full term is three years, and one-fourth for full terms.  (Ord. 138 § 1, 1969).

 

            2.28.020  Annual executive report required.  The executive shall prepare an annual status report to the council regarding boards and commissions.  Such report shall contain, at a minimum, an inventory of boards and commissions; a description of activities; a list of members; a list showing the terms of office, including the terms to expire during the following year; and the department or agency providing staff support, including a contact address and phone number.  (Ord.  11319 § 7, 1994).

 

            2.28.030  Annual gathering and reception for county board and commission members.

            A.  The chair of the King County council may annually convene a gathering and reception between King County's elected officials and county board and commission members.  The intent of convening the gathering and reception shall be to:

              1.  Increase communication between King County elected officials and county board and commission members;

              2.  Provide for informal discussion between King County elected officials, county board and commission members and staff; and

              3.  Foster a spirit of cooperation in serving the public.

            B.  Costs of meals or refreshments for King County elected officials, county board and commission members and staff attending the meeting and reception are hereby authorized, subject to availability of funds in the council's budget and to the dollar limits specified in K.C.C. 3.24.080.  (Ord. 15314 § 1, 2005).

 

            2.28.050  Public records training.  The public records officer of each agency staffing a county board, commission or committee shall provide training, in consultation with the office of the prosecuting attorney, either in person or by video for existing members of county boards, commissions and committees by May 1, 2011, and thereafter to all new members of county boards, commissions and committees at the commencement of service regarding their public records legal responsibilities and obligations under chapters 40.14 and 42.56 RCW.  All members of boards, commissions and committees shall certify in writing, on a form provided by the executive and approved by the office of the prosecuting attorney, their acknowledgment of their completion of training and their commitment to comply with these laws.  To facilitate the greatest degree of compliance with these laws, the executive shall provide all members of county boards, commissions and committees with county-managed email accounts for use by members in the performance of their duties on behalf of the county.  (Ord. 16997 § 1, 2010).

 

2.29    NATURAL RESOURCES BOARDS, COMMISSIONS AND COMMITTEES

 

Sections:

            2.29.010      Executive review and report on boards, commissions and committees advising the department of natural resources.

 

            2.29.010  Executive review and report on boards, commissions and committees advising the department of natural resources.  The executive shall review the scope, purposes and structure of each of the boards, commissions and committees established by ordinance to provide advice on water resources programs to the department of natural resources. Taking into account the benefits of having residents and local government elected and appointed officials provide advice on matters related to water resources programs and, as appropriate, in consultation with the members of existing boards, commissions and committees, the executive shall prepare a report on such boards, commissions and committees, and shall develop recommendations related thereto that will service the best interests of the residents of the county. The executive shall submit the report to the council by December 31, 1997. (Ord. 12671 § 2, 1997).

 

2.30    WOMEN’S ADVISORY BOARD

 

Sections:

            2.30.010      Created.

            2.30.040      Advisory board — Community services division's duties and responsibilities.

            2.30.060      Advisory board — Composition.

            2.30.080      Advisory board — Organization – membership – meetings.

 

            2.30.010  Created.  A women’s advisory board is created to act in an advisory capacity to the executive and council, making recommendations to ensure that the needs, rights and well-being of women are taken into account in the development and implementation of legislation, policies, programs and funding in King County.  The duties of the women’s advisory board are:

            A.  To assess the needs of women in King County and make recommendations regarding how best to meet their unmet needs;

            B.  To review county programs serving women, including their budgets, and recommend ways that these programs can be more responsive to the needs of women and more effective in meeting women’s needs;

            C.  To work with community members and service agencies, to identify, develop, and promote programs that will improve the status and well-being of women;

            D.  To act as a proponent within county government to improve the status of women;

            E.  To make recommendations to the county council and to the county executive on legislation, policies, programs and funding necessary to carry out the purposes of this chapter;

            F.  To inform and educate the public regarding the status of women and policies and programs that may affect the status and well-being of women.

            G.  To work with other county boards and commissions, including the children and family commission, to further the purposes of the women’s advisory board.

            H.  To submit an annual report during the first quarter of each year to the executive and council which summarizes the board’s accomplishments, identifies recommendations from the past year’s work and includes the board’s work program for the coming year. (Ord. 13039 § 1, 1998:  Ord. 4964 § 1, 1980: Ord. 3631 § 1, 1978).

 

            2.30.040  Advisory board — Community services division's duties and responsibilities.  The community services division shall be accountable for carrying out the following duties and responsibilities:

            A.  To provide staff support for the King County women’s advisory board; to include appointing a staff liaison to the board who shall respond to the chair of the board, assisting in the preparation of agendas, securing information and statistics as requested or required for board projects, keeping members informed about meetings and tasks, communicating with the executive and council about appointments of members as needed and working with the board to assure the intent of this chapter is fulfilled.

            B.  To prepare the proposed annual budget for women’s board to include review by the women’s advisory board.  (Ord. 13039 § 3, 1998:  Ord. 6066 § 22, 1982:  Ord. 4964 § 2, 1980: Ord. 3631 § 5, 1978).

 

            2.30.060  Advisory board — Composition.

            A.  The King County women’s advisory board shall be composed of fifteen members, one nominated from each council district by the council and six [at-large members]*, of whom four shall be nominated by the council and two shall be nominated by the executive.  All nominations shall represent the diversity of women in King County, including diversity in age, area of residence, profession and race or ethnicity, and shall not include employees or board members of agencies receiving funding from the women’s program.  Nominees shall be appointed by the county executive and confirmed by the county council by motion.

            B.  Board members representing council districts [and]* those at-large positions nominated by the council shall be appointed in the manner set forth in K.C.C. 2.28.0015.

            C.1.  Once constituted, the women’s advisory board shall establish terms of appointment by lot.  Four members shall serve one year, four members shall serve two years and three members shall serve three years.

              2.  After the initial terms have expired, all appointments shall be for three years.  (Ord. 15548 § 2, 2006:  Ord. 13039 § 5, 1998:  Ord. 11782 § 1, 1995:  Ord. 7326, 1985:  Ord. 4964 § 3, 1980:  Ord. 3631 § 7, 1978).

 

*Reviser's note:  Language not underlined in Ordinance 15548.  See K.C.C. 1.24.075.

 

            2.30.080  Advisory board — Organization – membership – meetings.   The King County women’s advisory board shall organize, elect appropriate officers, and shall adopt rules and administrative procedures for its own operation. Such rules shall include a definition of conflict of interest issues coming before the board, and appropriate voting restrictions.  The women’s advisory board shall set a regular meeting schedule and all meetings shall be open to the public.  Records of the proceedings shall be maintained.

            A simple majority of members eligible to vote shall constitute a quorum for the purpose of conducting business.  Any member of the women’s advisory board who, without having been excused by the board chairperson, fails to attend three regularly scheduled consecutive meetings of the women’s advisory board shall be removed and the position declared vacant by the appointing authority.  Any vacancies occurring in the membership of the advisory board shall be filled for the remainder of the unexpired term in the same manner as the original appointments.  (Ord. 13039 § 7, 1998: Ord. 4964 § 5, 1980:  Ord. 3631 § 9, 1978).

 

2.32    ADMINISTRATIVE AND ADVISORY BOARDS

 

Sections:

            2.32.020      Board for developmental disabilities.

            2.32.030      Disability board.

            2.32.120      Board of corrections.

            2.32.130      Urban arterial advisory board.

            2.32.220      Washington state boundary review board for King County – requests for review filed by council or executive.

 

CROSS REFERENCES:

Personnel board, see K.C.C. chapter 3.08.

Bid board and competitive bidding procedures, see K.C.C. chapter 2.93.

Youth coordinating board, see K.C.C chapter 2.40.

Board of ethics, see K.C.C. chapter 3.04.

Joint air pollution control advisory board, see K.C.C. chapter 8.08.

 

            2.32.020  Board for developmental disabilities.

            A.  CREATED.  There is created a board for developmental disabilities to be known by that title, and hereinafter referred to as the board.

            B.  MEMBERSHIP – APPOINTMENT.  The board shall be composed of fifteen members who shall be appointed by the county executive and confirmed by the county council to three-year terms, or until their successor is appointed and qualified.

            Membership of the board shall be representative of, but not limited to, the public, private or voluntary agencies, local government units which participate in a program for individuals with a developmental disability, and private citizens knowledgeable or interested in services to the developmentally disabled in the community.

            C.  COMPENSATION.  Members of the board shall not be compensated for the performance of their duties as members of the board.

            D.  DUTIES.  The board shall perform all duties and services and have all powers established by RCW 71.20 as now or hereafter amended.

            E.  MEETING WITH ADVISORY BOARD.  The community mental health advisory board and the board for developmental disabilities may meet jointly or separately as required in the conduct of their programs, and when convened jointly, may use the designation “King County mental health developmental disabilities advisory board.” (Ord. 11684 § 8, 1995:  Ord. 2837 § 1, 1976: Ord. 142 §§ 1 – 5, 1969).

 

            2.32.030  Disability board.*

            A.  BOARD ESTABLISHED.  The King County disability board for the Washington Law Enforcement Officers’ and Fire Fighters’ Retirement System is hereby established pursuant to the authority of RCW 41.26.110(b).

            B.  MEMBERSHIP.  The board shall be composed of five members to be chosen as follows:  One member of the King County council appointed by the King County council; one member of a city or town within the county, excluding those cities and towns with established disability boards, chosen by the majority of the mayors of such cities and towns from the respective legislative bodies of such cities and towns; one fire fighter to be elected by the fire fighters subject to the jurisdiction of the county disability board; one law enforcement officer to be elected by the law enforcement officers subject to the jurisdiction of the county disability board; and one member of the public-at-large who resides within the area of jurisdiction of the county disability board, appointed by the other four appointed members heretofore designated in this section.  All members appointed shall serve for two year terms.

            C.  DUTIES.  The board shall perform all functions, exercise all powers, and make all such determinations as specified in RCW 41.26.

            D.  JURISDICTION.  The board shall have jurisdiction over all members of the Washington Law Enforcement Officers’ and Fire Fighters’ Retirement System employed by the county of King, the fire districts in the unincorporated areas of King County and the cities and towns without established disability boards.

            E.  COMPENSATION.  The members of the board shall serve without compensation, but the members shall be reimbursed for all travel expenses incidental to such services as to the amount authorized by law.  (Ord. 321 §§ 1 – 5, 1970).

 

*For statutory provisions regarding the Washington Law Enforcement Officers' and Fire Fighters' Retirement System, see chapter 41.26 RCW; for establishment of disability boards, see RCW 41.26.110.

 

            2.32.120  Board of corrections.

            A.  There is established a board of corrections, hereinafter, referred to as the board, consisting of fourteen members.  The members shall consist of the following: the chairman of the King County magistrate’s association, the presiding judge of the Seattle Municipal Court the presiding judge of the King County Superior Court, the chairman of the juvenile court management committee, the director of King County department of public safety, the King County public defender, the King County prosecuting attorney, the mayor of the city of Seattle, the president of the King County Suburban Mayors’ Association, the chief of the Seattle Police Department, the dean of the University of Washington School of Law, the dean of the University of Washington School of Social Work, and the director of the King County health department.  In addition, the King County executive shall appoint one member who has been incarcerated in a King County detention facility within three years prior to the appointment.  The director of the department of adult detention shall serve as a nonvoting ex officio member.

            B.  The board shall serve as an advisory body to the manager of the department of adult detention to review and make recommendations at least annually for the department of adult detention on its policies, operations and matters of budget.

            C.  The advisory board shall meet at least once during each calendar quarter of each year.  (Ord. 17678 § 9, 2013:  Ord. 6066 § 21, 1982:  Ord. 5373 § 1, 1981:  Ord. 2935 § 3, 1976:  Ord. 1872 § 3, 1973).

 

            2.32.130  Urban arterial advisory board.

            A.  BOARD CREATED.  There is hereby created a King County urban arterial advisory board hereafter to be known as the King County arterial council, and hereinafter referred to as the advisory council.

            B.  MEMBERSHIP – TERMS.  The advisory council will consist of five members; the director of the department of transportation, who will serve as chairman; two members to be elected officials of incorporated cities or towns of King County other than the city of Seattle; and two members to be licensed engineers practicing as city engineers or directors of public works of incorporated cities or towns of King County, other than the city of Seattle.

            The four members of the advisory council other than the director of the department of transportation shall serve terms of three years.

            C.  MEMBERS TO BE RESIDENTS.  Members of the advisory council shall be residents of King County throughout their term and shall serve without compensation.

            D.  DUTIES.  The advisory council will be responsible for recommending allocation of proceeds of the forward thrust bonds for cities other than Seattle, as issued pursuant to voter adoption of King County Bond Resolution 34569 at the special election held February 13, 1968, and as authorized by ordinance of the King County council.

            The advisory council shall, subject to contractual commitments entered into prior to the date of the ordinance codified in this section, recommend and promulgate rules and procedures to insure proper design procedures as they relate to alignment and geometry, adequate specifications for construction, rules for purchase of right-of-way, and other rules deemed advisable to the conduct of developing an integrated arterial system for the residents of King County.

            All rules and procedures established by the advisory council shall be made public as currently and hereafter amended.

            E.  RULES OF PROCEDURE.  The manager of the road services division shall serve as executive secretary of the advisory council and will be responsible for all records.

            The manager of the road services division will prepare and forward an agenda for all members prior to each meeting and will prepare and distribute the minutes of each meeting and include a summary of information concerning discussions of the meeting and a review of previous advisory council actions pertinent to discussion subjects.

            The advisory council may elect additional officers and shall adopt such administrative procedures as are required to accomplish the purposes of this act.

            The members of the advisory council shall constitute a quorum and a majority of such quorum may secure approval of a transaction of the advisory council.

            F.  FUNDING.  For purposes of providing funds to pay the cost of staff services to the advisory council in execution of its duties, the arterial council operating fund was originally created by County Commissioner Resolution 35555 on June 24, 1968.  The fund was created from current expense funds to be reimbursed from appropriate capital improvement funds for actual project cost incurred on behalf of the capital improvement projects.  The arterial council operating fund is hereby continued without change.

            Withdrawal from the operating fund to pay the cost of the staff services shall be made on the basis of actual costs.  (Ord. 12075 § 6, 1995).

 

            2.32.220  Washington state boundary review board for King County – requests for review filed by council or executive.  Either the King County council by motion or the King County executive or his designee by written request may file a request with the Washington State Boundary Review Board for King County for review of the following actions:

            A.  The:

              1.  Creation, incorporation, or change in the boundary, other than a consolidation, of any city, town, or special purpose district;

              2.  Consolidation of special purpose districts, but not including consolidation of cities and towns; or

              3.  Dissolution or disincorporation of any city, town, or special purpose district, except the dissolution or disincorporation of a special purpose district which was dissolved or disincorporated pursuant to the provisions of chapter 36.96 RCW; or

            B.  The assumption by any city or town of all or part of the assets, facilities, or indebtedness of a special purpose district which lies partially within such city or town; or

            C.  The establishment of or change in the boundaries of a mutual water and sewer system or separate sewer system by a water district pursuant to RCW 57.08.065 or chapter 57.40 RCW, as now or hereafter amended; or

            D.  The establishment of or change in the boundaries of a mutual sewer and water system or separate water system by a sewer district pursuant to RCW 56.20.015 or chapter 56.36 RCW, as now or hereafter amended; or

            E.  The extension of permanent water or sewer service outside of its existing corporate boundaries by a city, town, or special purpose district.  (Ord. 8389, 1988).

 

2.34    BOARD OF APPEALS AND EQUALIZATION

 

Sections:

            2.34.010      Establishment.

            2.34.020      Composition.

            2.34.030      Powers.

            2.34.040      Administrative support.

            2.34.050      Compensation.

            2.34.060      Conflict of interest.

            2.34.100      Petition for change in assessed valuation

 

            2.34.010  Establishment.*

            A.  There is established a King County board of appeals as provided in Article 7 of the King County Charter.  Additionally, the functions of the county council in its capacity as a board of equalization are hereby vested in the board of appeals which shall be formally designated as the King County board of appeals and equalization.

            B.  The chair of the board is responsible to the council for the efficient management and administration of the board and its resources.  (Ord. 18195 § 1, 2015:  Ord. 6444 § 1, 1983).

 

*For statutory provisions regarding county boards of equalization, see RCW 84.48.010 through 84.48.046.

 

            2.34.020  Composition.

            A.  The board shall be composed of seven members appointed by the county executive and subject to confirmation by a majority of the county council.

            B.  The term of office shall be four years, and shall be staggered as follows:  two terms shall commence each year except that every fourth year only one term shall commence.  Board members shall fill the term to which appointed or that portion remaining of an unexpired term.  A member whose term has expired shall continue to serve until a successor has been appointed.  Terms shall commence on July 1.

            C.  Removal of a member of the board, except upon expiration of the member’s appointed term, shall be only as provided for in Section 710 of the King County Charter.

            D.  The members of the board shall meet and choose a chair annually to serve from July 15 through July 14 of the following year.

            E.  A majority of the board shall constitute a quorum in matters of equalization and in matters of appeal from executive orders and regulations.  (Ord. 18195 § 2, 2015:  Ord. 13410 § 1, 1999:  Ord. 10275, 1992:  Ord. 6444 § 2, 1983).

 

            2.34.030  Powers.

            A.  The board may administer oaths and affirmations and shall hear and decide all appeals from any valuation in property by the department of assessments, examine other matters related to assessment of the property of the county as provided by general law and hear appeals from any other orders by an executive department or administrative office as provided by ordinance.

            B.  In conformity with RCW 84.48.010 through 84.48.046 relating to the equalization of assessments and in addition to those powers relating to valuation provided for in Section 720 of the King County Charter, the board shall hear and decide all appeals as are provided by statute, including the following appeals:

              1.  Appeals of exemption denials related to public corporations under RCW 35.21.755;

              2.  Appeals for a change in appraised value if the Department of Revenue establishes taxable rent related to leasehold excise tax under RCW 82.29A.020(2)(b) based on an appraisal done by the county assessor at the request of the Department of Revenue;

              3.  Appeals of decisions or disputes related to historic property under RCW 84.26.130;

              4.   Any forest land determination under chapter 84.33 RCW;

              5.  Current use determ3inations under chapter 84.34 RCW;

              6.  Appeals related to senior citizen exemption denials under RCW 84.36.385;

              7.  Appeals related to cessation of exempt use under RCW 84.36.812;

              8.  Determinations related to property tax deferrals under RCW 84.38.040;

              9.  Determinations related to omitted property or value under RCW 84.40.085;

              10.  Valuation appeals of taxpayers under RCW 84.48.010;

              11.  Appeals from a decision of the assessor relative to a claim for either real or personal property tax exemption, under RCW 84.48.010; and

              12.  Destroyed property appeals under RCW 84.70.010.  (Ord. 18230 § 72, 2016:  Ord. 18195 § 3, 2015:  Ord. 13507 § 1, 1999:  Ord. 13410 § 2, 1999:  Ord. 6444 § 3, 1983).

 

            2.34.040  Administrative support.

            A.  The board shall appoint a clerk of the board as provided by state law.  The clerk, or the clerk’s designee, shall attend all sessions of the board and shall keep the official record thereof.  The clerk is also responsible for managing the administrative staff support of the board.  The county assessor, the director of any executive agency whose orders and regulations are subject to appeal before the board and any member of those agencies’ staffs may not serve as the clerk.

            B.  With the approval of the board and within budgetary constraints, the clerk may appoint assistants the board deems necessary for aiding the board in carrying out its functions.  The clerk and the assistants shall, in accordance with state law, serve at the pleasure of the board and are exempt from career service.  As exempt county employees, the clerk and the assistants shall comply with the same work-related regulations as to exempt employees of the legislative branch of county government.

            C.  The board may, subject to budgetary constraints, hire on a per diem basis one or more hearing examiners who shall be selected for their knowledge of the values of property in the county and shall subscribe to the same oath as board members.

            D.  The board shall submit each year to the county council for approval a proposed budget for the following year in the manner provided by law for the preparation and submission of budgets by appointive officials.  (Ord. 18195 § 5, 2015:  Ord. 13410 § 3, 1999:  Ord. 6444 § 4, 1983).

 

            2.34.050  Compensation.

            A. If scheduled to work for three or more hours a day, a board member or hearing examiner shall receive a per diem allowance of three hundred dollars.  If scheduled to work for less than three hours a day, a board member or hearing examiner shall receive a per diem allowance of two hundred dollars.  In the event a board member or hearing examiner is scheduled to work for less than three hours a day but actually works for three or more hours that day, the board member or hearing examiner shall receive a per diem allowance of three hundred dollars.

            B.  Members of the board shall pay parking fees as provided for in K.C.C. chapter 3.32 at the rate set for monthly employee and county vehicles.  (Ord. 18195 § 6, 2015:  Ord. 15322 § 1, 2005:  Ord. 14182 § 1, 2001:  Ord. 13400 §§ 1 and 2, 1999:  Ord. 12136 § 1, 1996:  Ord. 8834, 1989:  Ord. 7160, 1985:  Ord. 6444 § 5, 1983).

 

            2.34.060  Conflict of interest.  Members of the board and all employees assigned to the board shall be governed by the employee code of ethics as provided in K.C.C. Title 3.  All persons deemed to have a conflict of interest and wishing to appeal to the board on matters of equalization shall be governed by the appeals procedure provided in the code of ethics.  (Ord. 18195 § 7, 2015:  Ord. 13410 § 4, 1999:  Ord. 6444 § 6, 1983).

 

            2.34.100  Petition for change in assessed valuation.  The owner or person responsible for payment of taxes on any property may petition the King County board of equalization* for a change in the assessed valuation placed upon such property by the county assessor.  The petition must be filed with the board on or before July 1 of the year of the assessment or within sixty days after the date an assessment or value change notice has been mailed, whichever is later.  (Ord. 18195 § 85, 2015:  Ord. 12504 § 1, 1996).

 

*Reviser’s note:  The board of appeals and equalization was created in Ordinance 6444 in 1983.

 

2.35    KING COUNTY BOARD OF HEALTH

 

            Sections:

            2.35.011      Created.

            2.35.021      Membership.

            2.35.031      Administration.

            2.35.041      Meetings.

            2.35.051      Budgetary authority.

            2.35.061      Travel expenses.

 

            2.35.011  Created.  There is hereby created the King County board of health, as authorized by RCW 70.05.035.  (Ord. 14989 § 1, 2004).

 

            2.35.021  Membership.

            A. The King County board of health shall consist of the following members:

              1.  Three members of the metropolitan King County council to be appointed by the chair of the council, provided that the chair shall consider appointing members such that county councilmember representation on the board of health is geographically balanced across the county and includes representation of the unincorporated area of the county on the board.  Each county councilmember vote shall be weighted as two votes;

              2.  Three elected officials of the city of Seattle to be appointed by the city;

              3.  Two elected officials from cities and towns of King County other than Seattle to be appointed in a manner agreed to by and among the cities and towns representing a majority of the populations of those cities and towns;  and

              4.  Two health professionals who shall be appointed by a majority vote of the other members of the board of health.  One of the health professionals should have knowledge of environmental health, including knowledge of septic systems and groundwater quality.  A third nonvoting member, who shall also be a health professional, may be appointed by a majority vote of the other members of the board.  The terms of health professional members shall be established by the rules of the board.

            B.1.  Alternate members for each regular member may be appointed according to the relevant procedures under subsection A.1, 2. or 3. of this section.  During the meeting, an alternate member shall indicate when he or she is serving in a regular member's absence.  When serving in a regular member's absence, an alternate member shall act as a regular member.

              2.  If the board appoints a third nonvoting health professional member as provided under subsection A.4. of this section, that member shall serve as an alternate voting member in the absence of either of the two voting health professional members.  (Ord. 16350 § 1, 2008:  16031 § 1, 2008:  Ord. 14989 § 3, 2004).

 

            2.35.031  Administration.  In accordance with chapters 70.05 and 70.08 RCW, the local board of health shall designate the administrative officer of the board.  (Ord. 14989 § 4, 2004).

 

            2.35.041  Meetings.  The time of regular meetings of the King County board of health shall be established by the rules of the board.  (Ord. 14989 § 5, 2004).

 

            2.35.051  Budgetary authority.  Nothing in this chapter shall be construed to reduce or limit the budgetary authority or responsibility of the metropolitan King County council.  Any program initiatives undertaken pursuant to this measure which require funding support utilizing county budget resources shall be subject to the budgetary process established by the county council.  The city of Seattle will, in accordance with an interlocal agreement between the county and the city, exercise policy and expenditure control over its financial contribution to the health department.  (Ord. 16031 § 2, 2008:  Ord. 14989 § 6, 2004).

 

            2.35.061  Travel expenses.  Members of the board of health may be reimbursed for mileage and parking expenses between the member’s workplace or residence and the location of the board of health meeting.  Members may also be reimbursed for expenses, in accordance with the policies established for county employees in K.C.C. chapter 3.24, when traveling on official board of health business.  (Ord. 16031 § 3, 2008:  Ord. 14989 § 7, 2004).

 

2.35A  DEPARTMENT OF PUBLIC HEALTH

 

            Sections:

            2.35A.010      General duties – name – divisions – combined city-county

                                    Health department.

            2.35A.020      Regional Services.

            2.35A.030      Emergency medical services division.

            2.35A.040      Environmental health division.

            2.35A.050      Prevention division.

            2.35A.060      Community health services division.

            2.35A.070      Jail health services division.

            2.35A.080      Administrative services division.

            2.35A.090      Medical examiner functions.

            2.35A.100      Burial, cremation or other disposition - report to and authorization by medical examiner - fee - waiver for certain cremations - expenditure.

            2.35A.110      King County children and family commission - established.

            2.35A.120      King County children and family commission - duties.

            2.35A.130      King County children and family commission – Human Services (Review and) Recommendations Report.

            2.35A.140      King County children and family commission – organization - meetings - quorum.

            2.35A.150      King County children and family commission - staffing.

            2.35A.200      Gifts, bequest or donations in support of department purposes – solicitation and acceptance allowed – use – report.

 

            2.35A.010  General duties – name – divisions – combined city-county health department.

            A.1.  The department of public health, which is also known as public health - Seattle & King County, is responsible to manage and be fiscally accountable for providing a functionally integrated set of services and programs that are fully responsive to urban, suburban city and unincorporated communities.  The department shall include:  regional services; an emergency medical services division; an environmental health division; a prevention division; a community health services division; a jail health services division; and an administrative services division.  The department shall also provide administrative support to the children and family commission.

              2.  As of January 1, 1981, the city of Seattle and the county established a combined city-county health department under chapters 70.05 and 70.08 RCW and certain city ordinances and county ordinances.  The director of the department shall be jointly appointed by the mayor of the city and the county executive, subject to confirmation by the city and county councils, and may be removed by the county executive, after consultation with the mayor, upon filing a statement of the reasons therefor with the city and county councils as authorized by RCW 70.08.040. The director shall be responsible for the management of the department.

              3.  The department shall achieve and sustain healthy people and healthy communities throughout King County by providing public health services that promote health, prevent disease and reduce health inequities, including, but not limited to: providing needed or mandated prevention or intervention services to address individual and community health concerns; assessing and monitoring the health status of communities; preventing disease, injury, disability and premature death; promoting healthy living conditions and healthy behaviors; and controlling and reducing the exposure of individuals and communities to environmental or personal hazards.  The department shall assess the health of King County residents and communities facilitate planning to develop responses to issue which affected the public's health and evaluate the effectiveness of programs and initiatives which address these issues.  (Ord. 17733 § 3, 2014:  Ord. 16322 § 1, 2008:  14561 § 6, 2002:  Ord. 13326 § 2, 1998: Ord. 12529 § 2, 1996.  Formerly K.C.C. 2.16.080).

 

            2.35A.020  Regional services.  The duties of the department's regional services shall include the following:

            A.1.  Convening and leading programs to improve health access and quality;

              2.  Forming partnerships with organizations and health care providers to increase the number of healthy years lived by people in the county and to eliminate health inequities through policy and systems change, access to affordable, appropriate and quality health care services; and

              3.  Increasing efficiency and effectiveness of public health services;

            B.  Planning and developing local and regional capacity for responding to public health emergencies and providing for the direction and mobilization of health and medical resources, information and personnel during emergencies and disasters in the county;

            C.  Providing the functions of assessment, epidemiology and program evaluation; and

            D.  Developing and disseminating information, tools and strategies that support the public health functions described in this chapter.  (Ord. 17733 § 4, 2014).

 

            2.35A.030  Emergency medical services division.  The duties of the emergency medical services division shall include the following:

            A.  Tracking and analyzing service and program needs of the emergency medical services system in the county, and planning and implementing emergency medical programs, services and delivery systems based on uniform data and standard emergency medical incident reporting;

            B.  Providing medical direction and setting standards for emergency medical services and medical dispatch training and implementing emergency medical service personnel training programs, including, but not limited to, public education, communication and response capabilities and transportation of the sick and injured;

            C.  Administering contracts for disbursement of Medic One emergency medical services tax levy funds for basic and advanced life support services and providing King County Medic One advanced life support services;

            D.  Coordinating all aspects of emergency medical services in the county with local, state and federal governments and other counties, municipalities and special districts for the purpose of improving the quality of emergency medical services and disaster response in King County; and

            E.  Analyzing and coordinating the emergency medical services components of disaster response capabilities of the department.  (Ord. 17733 § 5, 2014).

 

            2.35A.040  Environmental health division.  The duties of the environmental health division shall include the following:

            A.  Inspecting and monitoring regulated facilities to ensure compliance with public health codes, rules and regulations;

            B.  Investigating complaints or problems, such as disease outbreaks, sewage spills or toxic spills, identified by the public, the media or public officials;

            C.  Advising and educating the public on prevention and control of health risks associated with environmental hazards;

            D.  Enforcing public health codes, rules and regulations within the jurisdictions of the division;

            E.  Fulfilling zoonotic disease control responsibilities in accordance with WAC 246-100-191 and 246-101-405; and

            F.  Preventing and controlling the transmission of zoonotic diseases from animals by inspecting and responding to complaints about regulated facilities and promoting the health, safety and well-being of animals in such facilities.  (Ord. 17733 § 6, 2014).

 

            2.35A.050  Prevention division.  The duties of the prevention division shall include the following:

            A.  Reducing the public's exposure to communicable diseases through surveillance and outbreak investigation and disease prevention and control measures;

            B.  Lowering the occurrence of chronic diseases, injury and violence in the community through strategies that reduce the frequency of risk factors for these conditions;

            C.  Promoting and providing public education and research in the development of prevention models;

            D.  Performing specific public health services including vital statistics and laboratory functions; and

            E.  Performing medical examiner and statutory coroner duties as described in K.C.C. 2.35A.090.  (Ord. 17733 § 7, 2014).

 

            2.35A.060  Community health services division.  The duties of the community health services division shall include the following:

            A.  Focusing the department's clinical leadership, health services and expertise and strengthening quality systems and effective care partnerships with government, business and community-based organizations;

            B.  Increasing access to affordable health care by those in need and improving the community health care system;

            C.  Developing and monitoring performance standards for service quality, clinical professional practice and standards of excellence for programs and groups served by the health department and other health care providers;

            D.  Providing leadership and coordination with health care providers, government agencies, businesses and community groups in the provision of health services to at-risk or under-served populations in the county;

            E.  In coordination with health care providers and others, developing, implementing and monitoring a systematic, comprehensive system of health service delivery in the county that improves health outcomes by connecting community-based intervention and strategies with the health care of individuals including clinical and preventive services provided by the department based on community assessment and financial sustainability measures; and

            F.  Developing responsive service delivery and access mechanisms to meet the changing health care needs of at-risk populations in King County.  (Ord. 17733 § 8, 2014).

 

            2.35A.070  Jail health services division.  The duty of the jail health services division is to provide health care services to detainees of the King County adult detention facilities, including medical, dental, psychiatric care and related services in conjunction with the department of adult and juvenile detention.  (Ord. 17733 § 9, 2014).

 

            2.35A.080  Administrative services division.  The duties of the administrative services division shall include the following:

            A.  Providing administrative and technical support to the department;

            B.  Overseeing the administrative systems and activities of the department; and

            C.  Providing general support within the department as authorized elsewhere in this chapter.  (Ord. 17733 § 10, 2014).

 

            2.35A.090  Medical examiner functions.

            A.  The duties and functions of medical examiner shall be performed by the prevention division of the department of health.  The medical examiner shall be responsible for the administration and staffing of all programs relating to the performance of autopsies and investigations of death as authorized by the statutes of the state of Washington, except as provided by this section.  The chief medical examiner, who shall be a pathologist certified in forensic pathology, shall be appointed by the director of the department.  Employees performing duties and functions of or related to the medical examiner, with the exception of specifically identified exempt positions, shall be members of the King County career service.

            B.  The chief medical examiner shall assume jurisdiction over human remains, perform autopsies and perform such other functions as are authorized by chapter 68.50 RCW and such other statutes of the state of Washington as are applicable, except for the holding of inquests, which function is vested in the county executive.  The chief medical examiner has the authorities granted under K.C.C. 2.35A.100.

            C.  The chief medical examiner shall institute procedures and policies to ensure investigation into the deaths of persons so specified in chapter 68.50 RCW and to ensure the public health, except for the holding of inquests, which function is vested in the county executive.

            D.  The notice of the existence and location of a dead body required to be given by state law shall be given to the medical examiner.  The medical examiner shall be responsible for control and disposition of personal property of deceased persons under the jurisdiction of the medical examiner, which shall be transferred to the next of kin or other legal representatives of the deceased.  If the transfer cannot be made because there is no known next of kin or legal representative, or the next of kin or legal representative is not available to accomplish the transfer within thirty days after the medical examiner assumes jurisdiction over the body of the deceased, the personal property shall be deposited with the King County comptroller, or transferred to an attorney pursuant to the institution of probate action.

            E.1.  The chief medical examiner may issue subpoenas to compel the production of medical and dental records, and other documents as are necessary for the full investigation of any case under the jurisdiction of the medical examiner from any person, organization or other entity in possession of the records or documents.

              2.  Subpoenas issued by the chief medical examiner shall be enforceable through the superior court.

              3.  In case of refusal or failure to obey a subpoena issued under this subsection E, the chief medical examiner may seek the aid of the prosecuting attorney to apply to the superior court for an order or other appropriate action necessary to secure enforcement of the subpoena.

              4.  Punishment for contempt for refusal or failure to comply with a subpoena issued under this subsection E. shall be as provided by chapter 36.24 RCW and other applicable laws and court rules.  (Ord. 17733 § 12, 2014:  Ord. 12525 § 3, 1997:  Ord. 2878 § 3, 1976: Ord. 163 § 7, 1969.  Formerly K.C.C. 2.24.110).

 

            2.35A.100  Burial, cremation or other disposition - report to and authorization by medical examiner - fee - waiver for certain cremations - expenditure.

            A.  A person shall not bury, cremate or otherwise dispose of the body of a decedent who died in the county without first reporting the death to the medical examiner's office and receiving an authorization from the medical examiner releasing the body for disposition.

            B.1.  A person reporting a death to the medical examiner's office of a person whose remains are to be buried, cremated or otherwise disposed shall be charged the fee in K.C.C. 4A.650.150.

              2.  The medical examiner may waive the fee for a cremation only if the cost of the cremation to be performed was paid before January 1, 2008. The fee shall not be charged if the cost of the cremation is borne by the county.

            3.  Revenues generated by the body disposition permit fee shall be expended to support the duties and functions of medical examiner performed by the prevention division of the department of health.  (Ord. 17733 § 15, 2014:  Ord. 17692 § 2, 2013:  Ord. 16973 § 2, 2010:  Ord. 15952 § 2, 2007.  Formerly K.C.C. 2.24.135).

 

            2.35A.110  King County children and family commission - established.

            A.  There is established the King County children and family commission, to be composed of no more than seventeen voting members, appointed by the King County executive and confirmed by the council. Appointees shall represent the geographic and ethnic diversity of communities in King County.  No more than seven members shall reside within any one municipal jurisdiction.

            B.  The commission shall seek the opinions and ideas of educators, the business community, children, youth and family service providers and agency representatives and other interested parties on issues considered by the commission.  These persons shall be invited to participate in commission discussions.

            C.  The commission members shall be appointed by the county executive, subject to confirmation by the county council.  Appointees should include professionals, consumers of county services, youth and individuals of color and limited or non-English speaking individuals who are concerned about children, youth and families.

            D.  Appropriate county departments which serve the health, recreational, social, economic and criminal justice needs of children, youth and families shall provide staff who shall serve the commission in an advisory capacity.

            E.  Except for the initial term, all appointments shall be for three-year terms.  Commission members may serve two consecutive terms.

            F.  Any vacancies occurring in the membership of the children and family commission shall be filled for the remainder of the unexpired term in the same manner as the original appointments.  (Ord. 17733 § 18, 2014:  Ord. 13811 § 1, 2000:  Ord. 10217 § 1, 1992:  Ord. 8577 § 1, 1988.  Formerly K.C.C. 2.50.010).

 

            2.35A.120  King County children and family commission - duties.

            A.  The King County children and family commission shall act in an advisory capacity to the county executive, the superior court and county council, focusing on recommendations to further define King County’s mission, role and goals in the provision of services to children, youth and families.  The commission shall:

              1.  Concentrate on building links between the county’s service systems, communities and schools;

              2.  Provide oversight and review of county programs providing services to children, youth and families; and

              3.  Promote cooperation among departments, and evaluate the effectiveness of programs and oversee implementation of the King County Framework Policies for Human Services, adopted by Ordinance 13629* and any other policies adopted by the council concerning children, youth and families.**

            B.  The commission shall establish a standing committee comprised of commission members that should focus on services for at-risk youth including probation related services of the superior court juvenile department, juvenile detention and the services provided to youth by the department of adult and juvenile detention, the department of community and human services, schools and others as deemed appropriate.  This committee, through the commission, shall provide advice and offer recommendations on services for at-risk youth in the community and in the juvenile justice system. (Ord. 17733 § 20, 2014:  Ord. 13811 § 2, 2000: Ord. 10217 § 2, 1992:  Ord. 8577 § 2, 1988.  Formerly K.C.C. 2.50.020).

 

*Available in the Kng County Archives.

 

**Reviser's note:  "and oversee implementation of the King County Framework Policies for Human Services, adopted by Ordinance 13629 and any other policies adopted by the council concerning children, youth and families" was not included in Ordinance 17733, but was not struck through.  See K.C.C. 1.24.075.

 

            2.35A.130  King County children and family commission - Human Services (Review and) Recommendations Report.  The commission shall provide citizen oversight for the department of community and human services and other involved county departments in development and implementation of the Human Services Recommendations Report required by Ordinance 15406* and shall communicate its recommendations regarding the report to the executive and council.  In accordance with adopted policy and any recommendations adopted as a result of the Human Services (Review and) Recommendations Report the commission shall review the budgets of county agencies serving children, youth and families as part of the annual budget process for the purpose of making appropriate policy and resource allocation recommendations to the executive, the superior court and council.  (Ord. 17733 § 22, 2014:  Ord. 13811 & 3, 2000:  Ord. 10217 § 3, 1992.  Formerly K.C.C. 2.50.025).

 

*Available in the King County Archives.

 

            2.35A.140  King County children and family commission - organization - meetings - quorum.  The King County children and family commission shall elect its officers, including a chair, vice-chair and such other officers as it may deem necessary.  The officers shall occupy their respective offices for one year.  The commission may organize into subcommittees as appropriate.  The commission shall adopt rules and administrative procedures for its own operation.  The rules shall include a definition of conflict of interest issues coming before the commission and appropriate voting restrictions.  The commission shall adopt an annual work plan.  The commission shall hold regular public meetings at least quarterly.  Records of the proceedings shall be maintained.  The commission shall issue an annual report to the public on its activities.  A quorum shall constitute a majority of the commission’s membership.  Any member of the commission who, without having been excused by the chair, fails to attend three regularly scheduled commission meetings, shall be removed and the position declared vacant by the appointing authority.  (Ord. 17733 § 24, 2014:  Ord. 13811 § 4, 2000:  Ord. 10217 § 4, 1992:  Ord. 8577 § 3, 19883.  Formerly K.C.C. 2.50.030).

 

            2.35A.150  King County children and family commission - staffing.  The department of public health shall have lead responsibility, within available resources, for staffing the commission.  Staff from the department shall respond to the chair of the commission, assisting in the preparation of agendas, securing information and statistics as requested or required for commission projects, keeping members informed about meetings and tasks, communicating with the executive office about appointments of new members as needed and working with the commission to ensure the intent of this chapter is fulfilled.  (Ord. 17733 § 26, 2014:  Ord. 14561 § 11, 2002:  Ord. 13811 § 5, 2000: Ord. 12075 § 13, 1995.  Formerly K.C.C. 2.50.045).

 

            2.35A.200  Gifts, bequest or donations in support of department purposes – solicitation and acceptance allowed – use – report.

            A.  The executive, the director of the department of executive services, the director of the department of public health, councilmembers and staff who report directly to those officers or officials and who do so at those officers' or officials' direction, may solicit or accept from the general public and business communities and all other persons, gifts, bequests and donations in support of department of public health services.

            B.  All gifts, bequests or donations of money to the county for department of public health purposes shall be deposited and credited as follows:

              1.  For emergency medical services purposes, to the emergency medical services fund under K.C.C. 4A.200.268;

              2.  For environmental health purposes, to the environmental health fund under K.C.C. 4A.200.281;

              3.  For local hazardous waste management program purposes, to the local hazardous waste fund under K.C.C. 4A.200.400; and

              4.  For all other department of public health purposes, to a subfund of the public health fund under K.C.C. 4A.200.520.

            C.  Once the gift, bequest or donation is accepted, the director of the department of public health shall ensure that expenditures from the gift, bequest or donation are consistent with the terms, if any, requested by the grantor.

            D.  The acceptance and use of a gift, bequest or donation to the county for department of public health purposes shall not create an ongoing obligation on the part of the county or the department to carry out any program or service funded with the gift, bequest or donation after the gift, bequest or donation has been spent.

            E.  The executive shall transmit as part of each quarterly financial report as required by K.C.C. 4A.100.100 a list of all new donations to the department of public health of two thousand dollars or more, including the name of the person making the donation, the amount of the donation, and the public health purpose for which it is intended to be expended. In any case where the donation originates from social media activity such as crowdsourcing, the list shall include the name of the person sponsoring this activity.  (Ord. 18254 § 1, 2016).

 

2.36    COMMITTEES

 

Sections:

            2.36.030      Justice court districting committee.

            2.36.050      Citizens' committee on independent oversight.

            2.36.060      Agricultural district advisory committees.

            2.36.070      Conservation futures citizen oversight committee.

            2.36.080      Patterson Creek Basin citizen advisory committee.

            2.36.090      Investment pool advisory committee.

            2.36.100      Central business systems steering committee.

 

CROSS REFERENCES:

Executive finance committee, see K.C.C. chapter 4.24.

Planning committees, see K.C.C. 20.20.040 through 20.20.130.

 

            2.36.030  Justice court districting committee.*

            A.  As prescribed by RCW 3.38.010, there is established a justice court districting committee within King County with membership composed of the following:

              1.  A judge of the superior court selected by the judges of that court;

              2.  The prosecuting attorney or a deputy selected by him/her;

              3.  A practicing lawyer of the county selected by the president of the King County Bar Association;

              4.  A judge of an inferior court of the county selected by the president of the Washington State Magistrates Association; and

              5.  The mayor, or the mayor's representative, of each first, second and third class city of the county;

              6.  One person to represent the fourth class cities of the county, to be designated by the President of the Association of Washington Cities;

              7.  The executive; and

              8.  The director of elections.

            B.  Duties of the committee and standards for districting shall be as prescribed in chapter 3.38 RCW.  (Ord. 18167 § 22, 2015:  Ord. 15971 § 37, 2007:  Ord. 12075 § 8, 1995).

 

*Reviser’s note:  For the statutory provisions regarding the district court districting committee, see RCW 3.38.010 through 3.38.020.

 

            2.36.050  Citizens' committee on independent oversight.

            A.  The executive shall appoint, subject to council confirmation, a citizens' committee on independent oversight to advise the director of the office of law enforcement oversight, which is created under K.C.C. chapter 2.75, on policies, procedures and practices relating to officer misconduct, discipline and other responsibilities of the director of the office of law enforcement oversight.

            B.  The committee shall include eleven members of the public who represent the geographic, ethnic and economic diversity of the sheriff's service area.  The committee shall consist of three members representing cities that contract with the sheriff for law enforcement services, four members shall represent unincorporated King County and four members shall be selected at-large.  The committee members shall be appointed for three-year terms, subject to reappointment for additional terms.

            C.  The committee shall make recommendations to the director regarding:

              1.  Misconduct and discipline policies, procedures and practices of the sheriff's office;

              2.  Policies, procedures and practices related to other responsibilities of the director of the office of law enforcement oversight; and

              3.  Public perceptions of the sheriff, the sheriff's deputies and their roles and functions in the community.

            D.  The committee shall also serve as a means for the director of the office of law enforcement oversight to communicate with King County's diverse communities.  The communication should increase accountability and public understanding of the misconduct and discipline policies, procedures and practices of the sheriff's office and other issues related to the director of the office of law enforcement oversight's responsibilities.

            E.  The committee shall not review or advise the director of the office of law enforcement oversight on individual complaints, investigations or disciplinary actions.

            F.  The committee, after consulting with the director of the office of law enforcement oversight, shall adopt bylaws and rules, including meeting times and quorum requirements, and submit a proposed motion for their approval to the council.  To take effect, the bylaws and rules must be approved by the council by motion.  (Ord. 17812 § 1, 2014:  Ord. 17284 § 1, 2012:  Ord. 16511 § 8, 2009:  Ord. 15611 § 9, 2006).

 

            2.36.060  Agricultural district advisory committees.

            A.  There are established agricultural district advisory committees for each agricultural district established by ordinance of the council, hereinafter referred to as the district committee.

            B.  The district committee shall be composed of at least five members who shall be residents of the district.  All appointments shall be made by the county executive and confirmed by the county council and at least three appointees shall be selected by the executive from a list of five nominees proposed by the councilperson(s) representing the area encompassed by the district.

            C.  The district committees shall be responsible for assisting the agriculture program administrator in developing the agricultural protection program set forth in Ordinance 3064*.

            D.  The committees shall commence their functions on February 15, 1977, or as soon thereafter as possible, and this section and Section 2.36.080 shall remain in effect until July 31, 1978.  Any continuation of the committees beyond said date shall require subsequent action by the council.  (Ord. 6066 § 19, 1982: Ord. 3074 §§ 5, 6, 7, 8 (part), 1977).

 

*Available in the King County Archives.

 

            2.36.070  Conservation futures citizen oversight committee.

            A.  The conservation futures citizen oversight committee is hereby established as an advisory body to carry out the duties prescribed for the committee in K.C.C. chapter 26.12.

            B.  The committee shall include an individual who resides in each King County council district and seven at-large members, of whom four shall be nominated by the council.  The committee shall be appointed by the executive and confirmed by the council by motion.  The committee shall elect a chair from its members.

            C.1. The executive shall solicit nominations from the council, from the city of Seattle and from suburban cities within King County and shall seek representation of a broad spectrum of interests and expertise, including, but not limited to, local conservation and passive recreation, science and ecology, conservation land stewardship, business and education.

              2.  Committee members for those at-large positions nominated by the county council shall be appointed in the manner set forth in K.C.C. 2.28.0015.

            D.  Once established, the terms of the members and chair shall be four years and shall be rotated such that eight of the seats become available for appointment every two years.  Committee appointments and operations are subject to K.C.C. Title 3, including code of ethics and civil rights provisions.  (Ord. 15548 § 3, 2006:  Ord. 14714 § 2, 2003).

 

            2.36.080  Patterson Creek Basin citizen advisory committee.

            A.  There is hereby created a Patterson Creek Basin citizen advisory committee, hereinafter referred to in this section as "the advisory committee."

            B.  The advisory committee shall be composed of five individuals, including the chair.  Advisory committee members shall be appointed by the executive and confirmed by the council, and shall serve staggered terms of three years.  Candidate members shall either own property or reside within the Patterson Creek basin, and should represent a diverse range of interests and expertise regarding flooding, water quality and fish habitat within the Patterson Creek basin.  Members may serve multiple terms.  At least one of the five members should be serving their first term.  The chair shall be appointed by the advisory committee members, to serve a term of one year.

            C.  The advisory committee shall make county decision-makers aware of community concerns and interests, and advise the executive and council on issues related to flooding, water quality, and fish habitat within the Patterson Creek basin.

            D.  Functions of the advisory committee shall include but not be limited to the following:

              1.  Serving in an advisory capacity to the executive and county council and making recommendations for flooding, water quality and fish habitat projects and programs within the Patterson Creek basin;

              2.  Acting as an informed advocate for resources by continuing to partner with the county to apply for resources that support efforts to reduce flood hazards, improve water quality and protect salmon habitat within the Patterson Creek basin;

              3.  Making the public aware of incentives programs like the public benefit rating system, and technical assistance such as the King Conservation District's farm planning program and King County's rural stewardship program; and

              4.  Staying informed and sharing information about development proposals, land-use appeals, and code enforcement actions within the Patterson Creek basin.

            E.  The manager of the water and land resources division shall designate a staff person to act as a liaison with the advisory, to provide support for administration of the advisory and to facilitate access to information regarding flooding, water quality, and fish habitat projects.  (Ord. 15713 § 2, 2007).

 

            2.36.090  Investment pool advisory committee.

            A.  The investment pool advisory committee is hereby established.  The committee shall provide input and advice to the executive finance committee on executive finance committee agenda items that relate to the moneys pooled in accordance with K.C.C. 4.10.090, such as policies, practices and fees.

            B.  The committee shall be composed of the following members, who represent the entities that participate in the investment pool under K.C.C. 4.10.090:

              1.  Two members who are elected officials or employees of school districts;

              2.  One member who is an elected official or employee of a fire district;

              3.  One member who is an elected official or employee of a water district or sewer district;

              4.  Two members who are county fund managers;

              5.  Two at-large members, who are elected officials or employees of entities, that participate in the investment pool other than school districts, water/sewer districts, and fire districts, ;

              6.  The county treasury manager; and

              7.  One member who is a private citizen who is an investment professional who has no financial relationship with the county or any of the entities that participate in the investment pool.

            C.  The county executive shall appoint members of the committee from nominations submitted under the provisions of this section, subject to confirmation by the county council.  The school districts, fire districts, water districts and sewer districts that participate in the investment pool shall each nominate the members representing the respective districts through a process of their own choosing.  The executive finance committee shall nominate the county fund managers, at-large and private citizen members.

            D.  Members shall serve two-year terms, except that the initial terms for one representative of the school districts, one county fund manager, one at-large member and the private citizen member shall be one year.

            E.1.  The committee shall elect its chair and vice-chair.

              2.  The committee may meet as often as it deems necessary, but shall meet at least semiannually.

            F.  A member of the advisory committee is expected to regularly attend executive finance committee meetings.

            G.  Members of the committee who represent districts shall serve without compensation but may receive compensation for expenses from the districts they represent, in accordance with the districts' policies.  The members who are the county fund managers and county treasury manager may be reimbursed for expenses in accordance with the policies of their respective divisions.  The at-large members may be reimbursed for expenses by their respective district in accordance with the policies of the entities of which they are elected officials or employees.  The council may by separate ordinance provide for the reimbursement of expenses of the private citizen committee member.

            H.  The council intends to review the committee in the first quarter of 2011 to determine its effectiveness or any changes that should be made to its structure or functions.  (Ord. 16280 § 1, 2008).

 

            2.36.100  Central business systems steering committee.

            A.  The central business systems steering committee is hereby created.  The committee's purpose shall be to:

              1.  Maximize benefits from the accountable business transformation program;

              2.  Achieve the proper functioning and integration of the countywide systems for human resources, payroll, time and labor, finance and budget; and

              3.  Provide for communication and accountability.

            B.  The members of the committee shall be:

              1.  The deputy county executive or designee;

              2.  The assistant deputy county executive;

              3.  The county administrative officer;

              4.  The director of the office of performance, strategy and budget; and

              5.  The chief information officer.

            C.  The committee shall:

              1.  Make recommendations to the executive;

              2.  Coordinate work, set priorities and guide how technical and business process issues with the countywide system are addressed to achieve the proper functioning and integration of the countywide policies, business processes and systems for human resources, payroll, time and labor, finance and budget.  The committee shall also align and integrate work plans for allocation of resources and budget;

              3.  Create a structured process for regular end-user engagement, involvement, communication and training;

              4.  Promote continued business process improvements and business rule standardization, and eliminate obstacles to adopting best practices;

              5.  Maximize benefits of the integrated enterprise system through business process and system standardization, optimization and transformation, and monitor performance measurement and reporting including benefit realization; and

              6. Provide an annual performance report to the council on the benefits achieved and their contributions to the county's service excellence, financial stewardship and quality workforce goals.  The annual report should describe how the benefit measurement process was used by the human resources division, office of performance strategy and budget, and finance and business operations division to improve county operations.  The annual report should also propose potential corrective actions to achieve benefit targets where needed.  The report shall also include exemplary accomplishments countywide and at the agency level in leveraging the new tools to streamline and standardize business processes and improve county operations.  The report shall be filed annually on June 1, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers.  (Ord. 17699 § 2, 2013).

 

2.37    WASHINGTON STATE PUBLIC STADIUM AUTHORITY

 

Sections:

            2.37.010      Washington State public stadium authority created.

 

            2.37.010  Washington State public stadium authority created.

            A.  Pursuant to the provisions of Referendum 48, the Washington State public stadium authority is hereby created within King County with all of the powers and authority granted by state law.  The board of directors of the public stadium authority shall consist of seven members, to be appointed by the Governor. The naming of the public stadium authority by Ordinance 12807* shall not be construed as limiting its board of directors from adopting any other name.  (Ord. 12807 § 2, 1997).

 

*Available in the King County Archives.

 

2.38    WASHINGTON STATE MAJOR LEAGUE BASEBALL STADIUM FACILITIES DISTRICT

 

Sections:

            2.38.010      Washington State major league baseball stadium facilities district.

 

            2.38.010  Washington State major league baseball stadium facilities district.

            A.  A public facilities district, which shall be called the Washington State Major League Baseball Stadium Facilities District, with the powers set forth in RCW chapter 36.100, is hereby created within King County, coextensive with the boundaries of King County.  The board of directors of the public facilities district shall consist of seven members, four to be appointed by the executive, subject to confirmation by the council, and three to be appointed by the Governor. No executive appointee shall exercise any of the powers of office until confirmed by the council. The first order of business for the district shall be to execute an interlocal agreement with King County guaranteeing that the district shall make as its first priority avoiding any action which might place the current expense fund or bond rating of King County at unreasonable risk.

            B.  Reports and agreements to implement project.  Recognizing that the council will be asked to issue debt in connection with the financing of the baseball stadium, and must therefore remain fully informed of the planning for and determination of potential costs of the project, the council will require that the public facilities district, the major league baseball team, the executive, and the City of Seattle achieve the following objectives:

              1.  Provide monthly reports to the council on the status of the public facilities district’s decision-making with respect to site selection, project design, mitigation requirements, project costs and budget, and financing recommendations.  A decision by the public facilities district concerning the preferred site recommendation for the stadium shall be made by August 1, 1996. The executive and the district shall provide the council with a comprehensive report on the status of these items together with the best possible information then available on costs and financing by December 1, 1996.

              2.  Execute by March 1, 1996, and prior to any lease negotiations or issuance of any contracts for construction work on the stadium, interlocal agreements between:

                a.  King County, Seattle, and the public facilities district, that are approved by the council, addressing expedited permit processing, environmental review and other necessary design and construction approvals.

                b.  King County and the public facilities district, approved by the council, that ensures that King County will be consulted in connection with structuring the financing of the stadium project, as required by EHB 2115 [Chapter 1, Laws of Washington 1995, 3rd Spc Sess.], and that the principles set forth in the county’s debt issuance policy (K.C.C. 4.28.020) will be satisfied in structuring that financing.  The district shall agree that its first priority shall be avoiding any action which might place the current expense fund or bond rating of King County at unreasonable risk.

            C.  Land assembly and conveyance.  It is the intent of King County to assemble such real property as the district determines to be necessary for the baseball stadium, consistent with applicable state law and the project budget. Property which is necessary for this project that was owned by the county as of October 17, 1995, shall be contributed to the district consistent with state law.  Property which is necessary for this purpose that the county acquires on or after October 17, 1995, shall be conveyed to the district by interlocal agreement as a cost to the baseball stadium project and, therefore, subject to the project’s budget.  The district shall promptly reimburse King County for the cost of such property as well the cost of its acquisition. (Ord. 12000 § 6, 7, 9, 1995).

 

2.39A  HOTEL-MOTEL SPECIAL SUPPORT PROGRAM

 

Sections:

            2.39A.010   Hotel-motel special support program

 

            2.39A.010  Hotel-motel special support program.  There is hereby created the King County hotel-motel special support program.

            A.  The hotel-motel special support program shall be administered by the manager of the finance and business operations division under the direction of the executive and in accordance with guidelines and policies established by the council.

            B.  Through December 31, 2012, thirty percent, of all excess hotel-motel tax revenues collected by the county under RCW 67.28.180(3)(a), as amended, shall be allocated to the hotel/motel special support program and shall be used for the following purposes and in a manner reflecting the following order of priority:  stadium capital improvements, acquisition of open space lands, youth sports activities and tourism promotion.

            C.  For the purposes of this section, "stadium capital improvements" include, but are not limited to, a stadium restaurant facility operated by a private concessionaire under a contract with the county; restroom facilities; artificial turf system; seating facilities; parking facilities; and a scoreboard and information system adjacent to or within a county-owned stadium, together with equipment, utilities, accessories and appurtenances necessary thereto.

            D.  For the purposes of this section, "tourism promotion" includes activities intended to attract visitors for overnight stays, arts, heritage, and cultural events, and recreational, professional and amateur sports events.  Moneys distributed for tourism promotion shall be in addition to and may not be used to replace or supplant any other funding by the county. Eligible applicants shall only include nonprofit organizations formed for the express purpose of tourism promotion in the county.  Such organizations shall use moneys distributed under this section to promote events in all parts of the county.

            E.  There shall be written guidelines and procedures for allocating funds under this section.  The guidelines shall be written at the direction of the executive and shall be approved by the council.  (Ord. 17291 § 61, 2012:  Ord. 12076 § 48, 1995.  Formerly K.C.C. 4.42.090).

 

2.40    KING COUNTY AGRICULTURE COMMISSION

 

Sections:

            2.40.010      Establishment.

            2.40.020      Definitions.

            2.40.030      Membership, terms and ex officio members.

            2.40.040      Duties.

            2.40.050      Staffing and rules of procedures.

            2.40.060      Other matters.

 

            2.40.010  Establishment.  There is hereby created a King County agriculture commission hereinafter referred to as the commission.  (Ord. 11417 § 4, 1994).

 

            2.40.020  Definitions.  The following terms as used in this section have the respective meanings herein set forth.

            A.  “Agricultural commodity” means any animal or any distinctive type of agricultural, horticultural, viticultural, vegetable, and/or animal product, including but not limited to, products qualifying and organic food products under chapter 15.86 RCW, as amended, as bees, honey and Christmas trees but not including timber or timber products.

            B.  “Producer” means any person engaged in the business of producing or causing to be produced for market in commercial quantities any agricultural commodity.  (Ord. 11417 § 2, 1994).

 

            2.40.030  Membership, terms and ex officio members.

            A.  The commission shall consist of fifteen members; the members shall serve terms of three years as specified in K.C.C. chapter 2.28.

            B.  The fifteen voting members of the commission shall serve without compensation and represent the diversity of the agricultural economy, various agricultural operations, and the regions of the county.  Membership should be representative of producers of agricultural commodities and persons with demonstrated knowledge, experience and interest in agricultural real estate, food and feed processing, wholesale and retail marketing, produce buying, direct marketing, supply, and finance.  However, at least eight of the voting commission members shall be producers as defined in K.C.C. 2.40.020.

            C.  The directors of the departments of natural resources and parks, permitting and environmental review, community and human services, public health, and executive services, and the King County conservation district may serve as additional members in an ex officio capacity.  (Ord. 17420 § 4, 2012:  Ord. 14498 § 3, 2002:  Ord. 12075 § 11, 1995).

 

            2.40.040  Duties.  The commission shall advise the council and executive on agricultural policies and programs, including, but not limited to:

            A.  Existing and proposed legislation and regulations affecting commercial agriculture;

            B.  Land use issues as they impact agriculture;

            C.  Ways to maintain, enhance and promote agriculture and agricultural products in the region; and

            D.  Livestock regulation implementation and monitoring duties set forth in K.C.C. chapter 21A.30.  (Ord. 14199 § 23, 2001:  Ord. 11417 § 6, 1994).

 

            2.40.050  Staffing and rules of procedures.  In recognition of the duties described in K.C.C. 2.40.040, the director of the department of natural resources and parks shall be responsible for the staffing and operation of the commission.  The commission shall elect officers and shall adopt such administrative procedures as are required to accomplish the purposes of this section.  (Ord. 14199 § 24, 2001:  Ord. 12075 § 12, 1995).

 

            2.40.060  Other matters.  For all matters not expressly addressed in Ordinance 11417*, K.C.C. 2.28 shall govern.  (Ord. 11417 § 8, 1994).

 

*Available in the King County Archives.

 

2.41    KING COUNTY RURAL FOREST COMMISSION

 

Sections:

            2.41.010      Establishment.

            2.41.020      Purpose.

            2.41.030      Membership, terms and nonvoting ex officio members.

            2.41.040      Responsibilities.

            2.41.050      Staffing and rules of procedures.

 

            2.41.010  Establishment.  The King County rural forest commission is hereby established, and shall be referred to as the commission throughout this chapter.  (Ord. 12901 § 1, 1997).

 

            2.41.020  Purpose.  The purpose of the commission is to advise the executive and council in their efforts to encourage forestry in the rural area. The commission should apply its efforts to making forestry viable in King County’s rural area.  (Ord. 12901 § 2, 1997).

 

            2.41.030  Membership, terms and nonvoting ex officio members.

            A.  The commission shall consist of thirteen voting members; the members shall serve terms of three years as specified in K.C.C. chapter 2.28.

            B.  The voting members of the commission shall serve without compensation.  The members shall represent the diversity of rural forestry interests and the different geographic regions of rural King County.

            C.  Commission membership shall include an equitable representation of the following interests:

              1.  At least five members representing private rural forest landowners, with at least one from each of the following ownership categories:

                a.  forest landowners with greater than five hundred acres of rural forest land in King County;

                b.  forest landowners with forty to five hundred acres of rural forest land in King County, and for whom income from forestry is an important component of total income;

                c.  residential forest landowners with greater than twenty acres of rural forest land enrolled in the Forest Land Designation (chapter 84.33 RCW) program; and

                d.  residential forest landowners with less than twenty acres of rural forest land;

              2.  Advocates of nontimber values of forest land, such as environmental protection, recreation and open space;

              3.  The Washington Department of Natural Resources;

              4.  Affected Indian tribes;

              5.  Consumers or users of local forest products, such as mills, lumber

suppliers, craftsmen, florist suppliers or users of other alternative forest products;

              6.  Academic or professional foresters, or forestry associations; and

              7.  Rural cities.

            D.  The directors of the departments of natural resources and parks, permitting and environmental review, executive services, the office of budget, a representative of the King County council natural resources, parks and open space committee, or its successor, a representative of the Mount Baker-Snoqualmie National Forest, a representative of the Washington State University Extension and the director of the King Conservation District may serve as nonvoting ex officio members of the commission.

            E.  All appointees should have a working knowledge of King County forestry, a strong commitment to promote forestry in the rural area, the ability to work with differing viewpoints to find solutions to complex problems and a willingness to commit the time necessary to attend commission meetings and activities.  (Ord. 17420 § 5, 2012:  Ord. 16024 § 1, 2008:  Ord. 14498 § 4, 2002:  Ord. 12901 § 3, 1997).

 

            2.41.040  Responsibilities.

            A.  The commission shall monitor the progress of and provide direction to the county as it carries out the “Implementation Plan to Preserve Working Forests” adopted by the council on April 14, 1997 (Motion 10189).  The commission shall also develop detailed implementation plans for the remaining strategies identified in the report “Farm and Forest: a Strategy for Preserving the Working Landscapes of King County”.

            B.  The commission shall advise the county on proposed policies, programs, actions or legislation affecting rural forests or the practice of forestry, including:

              1.  Acquisitions of rural forest land or development rights on rural forest land;

              2.  Management goals for county-owned forest land or county-held forest land conservation easements;

              3.  Marketing and promotion of local forest products; and

              4.  Existing or proposed boundaries of rural forest districts and focus areas.

            C.  The commission shall work with the county to identify additional strategies to conserve rural forest lands and promote the business of forestry in the rural area.  (Ord. 12901 § 4, 1997).

 

            2.41.050  Staffing and rules of procedures. The director of the department of natural resources shall be responsible for the staffing and operation of the commission.  Prior to undertaking their other responsibilities, the commission shall elect officers and adopt administrative procedures. (Ord. 12901 § 5, 1997).

 

2.42    HARBORVIEW MEDICAL CENTER

 

Sections:

            2.42.010      Definitions.

            2.42.020      Medical center – purpose – priorities.

            2.42.030      Board of trustees – established – terms of office.

            2.42.040      Board of trustees – appointment and confirmation – qualification – compensation.

            2.42.050      County authority.

            2.42.060      Board of trustees – powers – duties – responsibilities.

            2.42.070      Board of trustees – committees.

            2.42.080      Medical center – capital improvement – policy – requirements.

            2.42.090      Reporting requirements.

            2.42.100      Open meetings – public disclosures.

 

            2.42.010  Definitions.  For the purposes of this chapter:

            A.  “Administrator” means the chief administrative officer of the medical center, appointed under the terms of an approved management contract, who shall be responsible for supervising the daily management of the medical center in accordance with approved plans and policies and, for the purposes of the hospital services agreement, means the Executive Director.

            B.  “Board” means the Harborview Medical Center board of trustees appointed by the county for the purpose of overseeing the operation and management of the medical center.

            C.  “Council” means the King County council as described in Article 2 of the King County Charter.

            D.  “County governing authority” means both the county executive and county council in accordance with their charter assigned responsibilities.

            E.  “Executive” means the King County executive as described in Article 3 of the King County Charter.

            F.  "Hospital services agreement" means that approved management contract entitled the 2016 Hospital Services Agreement between King County by and through its Executive and the Harborview Medical Center Board of Trustees and the Regents of the University of Washington for the management of the medical center, the rendering of clinical services to patients of the medical center, and the conducting of teaching and research activities at the medical center by the university.

            G.  “Long-range capital improvement program plan”  or “long-range CIP plan” means a long-range plan that is produced as the first step in the medical center capital improvement process.  The long-range CIP plan identifies capital development needs, establishes capital project standards and policies, identifies intended capital funding sources and alternatives, and presents analysis of medical center programs and the physical facilities needed to implement them.  It further projects service levels, presents demographics of hospital clientele, makes an inventory and analysis of the effective use of physical facilities and provides specific direction in linking the capital improvement program to operating program needs.

            H.  “Medical center” means the Harborview Medical Center to include the Norm Maleng Building, the Patricia Bracelin Steel Building, the Ninth and Jefferson Building, the View Park Garage, the Boren Garage, the Engineering Building, the Walter Scott Brown Building, the Child Care Center, the Firehouse Building, the Pioneer Square Clinic and the hospital complex consisting of the Center Tower, the East Hospital, the West Hospital, the East Clinic and  the West Clinic.

            I.  “Project plan” means a plan produced for a specific capital project which analyzes specific project elements, defines project scope, location, size, costs and other needs.  It follows master planning and precedes project budgeting and also considers location, types and amounts of space, specific needs served, current and projected service population staffing and operating costs impacts, and alternative proposals for the sources of funding the project.

            J.  “Superintendent” means the chief executive officer of the medical center, as described in state law, when the medical center is not operated under the terms of an approved management contract.

            K.  “State law” means chapter 36.62 RCW, as amended, and any other applicable sections of state law.

            L.  “University” means the University of Washington.  (Ord. 18233 § 2, 2016:  Ord. 6818 § 2, 1984).

 

            2.42.020  Medical center – purpose – priorities.

            A.  King County maintains Harborview Medical Center as a county hospital, pursuant to state law, for the primary purpose of providing comprehensive health care to the indigent, sick, injured or infirm of King County, and is dedicated to the control of illness and the promotion and restoration of health within the King County area.

            B.  Within available resources, the medical center shall provide adequate health care to those groups of patients and programs which are determined to require priority treatment by the county governing authority.  Within this determination shall be the provision that admission of patients to the medical center shall not be dependent upon their ability to pay.  (Ord. 18233 § 3, 2016:  Ord. 6818 § 3, 1984).

 

            2.42.030  Board of trustees – established – terms of office.

            A.  There is established a thirteen member board of trustees for the medical center the members of which shall, except for initial terms, be appointed for terms of four years each and until a successor is appointed and qualified.

            B.  Terms shall commence on the first day of August following appointment.  Where a board member continues to serve beyond the expiration date of the term to which appointed, the commencement date for the succeeding member shall be retroactive to the date when the term would have otherwise commenced.

            C.  No member shall serve more than three successive terms on the board.

            D.  Filling the unexpired portion of a term shall not count against the three term limit referenced above if the unexpired portion is less than two years in duration.

            E.  Members of the board may be removed for reasons and in the manner provided by state law.

            F.  Any vacancy on the board which occurs during an unexpired term of office shall be filled in the same manner as for appointing members to regular terms except that such appointee shall hold office only for the remainder of the term of the trustee replaced unless appointed for succeeding terms.

            G.  When a vacancy occurs, the president of the board shall provide the executive and the council with a list of the recommended specific skills and knowledge needed to achieve the best balance possible.

            H.  For the seven additional members to the board authorized pursuant to Chapter 26, Laws of 1984, the initial terms shall be staggered as therein prescribed.  The additional members shall be appointed within thirty days of June 7, 1984.  However, the term of each of the additional members shall be deemed to commence on August 1, 1984, but shall also include the intervening period between appointment and the first day of August 1984.  (Ord. 11965 § 1, 1995:  Ord. 6818 § 4, 1984).

 

            2.42.040  Board of trustees - appointment and confirmation - qualification - compensation.

            A.  The board shall be composed of thirteen members, one nominated from each council district by the county council and four at-large members, who shall be nominated by the county council.  Nominees shall be appointed by the executive and confirmed by the council by motion.

            B.  Board members representing council districts and the four at-large positions nominated by the council shall be appointed in the manner set forth in K.C.C. 2.28.0015.

            C.  In making appointments to the board, an effort should be made to assure that diverse geographic, social, cultural, ethnic, racial and economic backgrounds and perspectives are considered.  Candidates should possess:  demonstrated leadership ability, and recognized experience in management or administration, planning, finance, health service delivery, consumer representation or institutional operation; and the ability to work cooperatively with others of diverse backgrounds and philosophies. Additionally, all candidates must be willing to commit to the amount of time necessary to perform trustee duties, serve on board committees and serve as an advocate for the medical center.

            D.  A person shall not be eligible for appointment as a member of the board who holds or has held, during the two years immediately before appointment, any salaried office or position in any office, department or branch of county government or of any organization with which a contract for the operation and administration of the medical center has been executed.  A person shall not be eligible for appointment as a member of the board who is employed in a managerial capacity by or serves on the board of directors of a competitor of UW Medicine.  All candidates are required to disclose any information concerning actions or activities of the candidate or the candidate's immediate family that present a potential conflict of interest.  Candidates whose employment, financial interests or other transactions are determined by the appointing officials to be in conflict with the interests of the medical center, are ineligible for board membership.

            E.  A board member shall not receive any compensation or emolument whatever for services as a board member and shall be governed by the county code of ethics and state law regarding conflict of interest.  Board members may be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060, as now existing or hereafter amended.  (Ord. 18233 § 4, 2016:  Ord. 15548 § 4, 2006:  Ord. 11701 § 2, 1995:  Ord. 6818 § 5, 1984).

 

            2.42.050  County authority.  The county governing authority, in accordance with charter assigned responsibilities, and in consultation with the board and other interested groups as appropriate, shall:

            A.  Set comprehensive public health policy for the county and in conjunction with the board, identify those components of the plan appropriate to the medical center’s mission and purpose.

            B.  Review and approve the mission statement for the medical center and proposed changes thereto proposed by the board.

            C.  Monitor the performance of the board with regard to the policies contained in this chapter and advise the board of any apparent deficiencies.

            D.  Review and approve the medical center’s long range CIP plan, the annual capital improvement budget and project plans.

            E.  Review and approve the admissions policy for the medical center.

            F.  Approve the acceptance of any real property by gift, devise, bequest or otherwise, for the medical center’s use.

            G.  Review and approve any property and liability insurance coverage obtained by the board to protect the interests of the county with regard to medical center property and facilities.  (Ord. 6818 § 6, 1984).

 

            2.42.060  Board of trustees – powers – duties – responsibilities.

            A.  General.  The board, as the representative authority of the county, entrusted to oversee the provision of health care services in order to assure that county’s priorities are addressed and high quality health care is made available to county residents, shall:

              1.  Elect from among its members a president and vice president.

              2.  Adopt bylaws and rules for its own guidance and for the governance of the medical center to include the establishment and operation of the board’s committees.

              3.  Provide for the training of newly appointed members to assure they are properly prepared to assume their responsibilities as prescribed in this chapter and by state law.

              4.  Have general supervision and care of the medical center and the buildings, equipment and grounds thereof and authority to do that which is necessary for the proper maintenance and operation thereof within the limits of approved budgets and the appropriations authorized.

              5.  Recommend the admissions policy for the medical center to the county governing authority.

              6.  Inform the governing authority prior to entering into negotiations related to a medical center management contract, or the amendment of an existing contract, and obtain policy guidance on issues to be included in the negotiations.

              7.  Assure quality of patient care.

              8.  Manage the financial affairs of the medical center in a prudent and responsible manner.

              9.  Review and approve the long range CIP plan and project plans, including service impacts, prior to submission to the county governing authority.

              10.  Approve, implement and monitor the medical center annual capital budgets in accordance with applicable law, subject to the review and approval requirements of the governing authority specified in state law and elsewhere in this chapter.

              11.  Approve, implement and monitor the medical center annual operating budget in accordance with applicable law.

              12.  Review and approve all remodeling and construction projects.

              13.  Establish overall space use policies and guidelines and maintain control over the use of all physical facilities.

              14.  Control all designated, restricted, and general operating funds.

              15.  Accept and expend property by gift, devise, bequest or otherwise for the medical center’s use, provided that acceptance or disposal of any interest in real property shall require prior approval by the county governing authority.

              16.  Participate in the development of county health policies and plan jointly with other public and private institutions in the county to determine how the medical center will meet its share of county public health responsibilities.

              17.  Advise the county governing authority on any matters related to the operation of the medical center, but at least to include:

                a.  recommended additions or deletions of priority patient groups or priority services.

                b.  recommended changes in the admissions policy.

                c.  recommended changes in the mission statement.

                d.  recommended changes in public health policy and/or assignment of the medical center’s share of public health responsibilities.

                e.  anticipated deficiencies that may adversely impact on the provision of adequate health care to county residents.

            B.  Management of the medical center.  The board shall either appoint a superintendent subject to approval by the county governing authority; or shall negotiate and monitor a contract for management of the medical center as provided for by state law to include the appointment of a hospital administrator.  (Ord. 6818 § 7, 1984).

 

            2.42.070  Board of trustees – committees.  The board shall establish such committees as are appropriate to assist in carrying out its functions.  As a minimum, the board shall establish standing committees to oversee planning, facilities management and financial management functions, and the handling of patients’ grievances.  The right to vote in standing committees shall be restricted to board members except where otherwise provided by law.  (Ord. 6818 § 8, 1984).

 

            2.42.080  Medical center – capital  improvement – policy – requirements.

            A.  The medical center shall prepare a long-range capital improvement program plan, which shall be approved by the board and by the county governing authority by ordinance.  The long-range CIP plan shall identify the medical center’s needs for ensuring quality patient care consistent with the medical center’s mission statement and county policy describing the medical center’s purpose, priority programs, priority patient groups and other requirements in this chapter.  The long-range CIP plan shall be updated at least once every five years, or more frequently, if deemed necessary by the board.  All changes to the long-range CIP plan shall be treated as amendments to the plan previously approved by ordinance.  The county, the board and the university shall make a good faith effort to adhere to the deadlines detailed in subsections B and C. of this section.

            B.  The medical center capital project oversight committee, or its successor in function, shall review and advise the board regarding the university’s annual six-year CIP budget which shall be forwarded to the board no later [than] February 28 each year.

            C.  The board shall review the six-year capital improvement plan “CIP” budget, which shall be approved by the board and submitted to the county executive no later than April 15 each year.  The medical center CIP budget shall contain the specific capital improvements necessary to meet the needs, policies and priorities identified in the approved long-range CIP plan.

            D.  The executive shall submit the medical center’s six-year CIP budget to the council which should adopt the medical center CIP budget by June 13 each year.

            E.  All capital improvement projects at the medical center that are funded in whole or in part with the proceeds of county tax revenues, bonds or other debt issued by the county, grants to the county, gifts or donations shall be subject to, planned and administered consistent with this chapter and K.C.C. Title 4A.

            F.  Notwithstanding any provisions of this chapter or K.C.C. Title 4A to the contrary, all capital improvement projects at the medical center that are funded exclusively with medical center revenues and that are budgeted over the life of the project for an amount not exceeding five million dollars shall be managed, designed, planned, developed and overseen by medical center administration and the university, subject to review and approval by the board.  All capital project activities conducted under this subsection shall comply with state law applicable to the university, this subsection and medical center policies and procedures approved by the executive, following consultation with the board and university.  Those policies and procedures shall include, but not be limited to, the following:

              1.  procedures for the open and competitive solicitation of contracts for capital projects as may be required by state laws applicable to the university;

              2.  elements to be included within all CIP project budgets, which shall include, at a minimum:

                a.  design consultant (architect and engineering services);

                b.  other consultant fees;

                c.  construction costs;

                d.  permit fees;

                e.  contingency budget; and

                f.  project management and administration costs.

              3.  Policies and procedures to provide opportunities for apprenctices, minority and women’s businesses, disadvantaged business enterprises and small contractors and suppliers to participate in capital project contracts.  These policies and procedures shall include, at a minimum:  goals for the use of apprentices, minority and women's businesses or small contractors and suppliers or disadvantaged business enterprises that shall be reasonably achievable and identified in all appropriate solicitations; reporting guidelines; and the identification of medical center staff necessary to implement this subsection F.3.;

              4.  Procedures for review, evaluation and award of contracts for either construction or architectural and engineering services;

              5.  Procedures for reporting and control, which shall include, at a minimum:

                a.  quarterly reports from staff at the medical center to the board on the status of the budget, scope and schedule for all CIP projects subject to this subsection;

                b.  when requested by the executive, quarterly reports from the board on the status of the budget, scope and schedule for all CIP projects subject to this subsection;

                c.  immediate notification by staff at the medical center to the board, if a CIP project subject to this subsection exceeds its authorized budget;

                d.  periodic reports from the board to the executive for transmittal to the council on the status of the budget, scope and schedule for all CIP projects subject to this subsection;

                e.  annual reports from the board to the executive for transmittal to the council evaluating the participation of apprentices, minority and women’s businesses, small contractors and suppliers or disadvantaged business enterprises in CIP projects subject to this subsection.

            G.  All costs of CIP projects administered by the medical center under subsection F. of this section shall be paid from medical center revenues.  So long as management of the medical center is delegated by contract to the University of Washington, exemption of such capital improvement projects from K.C.C. Title 4A shall be effective but only if the university agrees to indemnify the county in accordance with the hospital services agreement.

            H.  Subsection F. of this section shall remain in effect until the expiration date of the the hospital services agreement, as may be amended.

            I.1.  From the annual operating revenue of the medical center, the medical center shall fund depreciation reserves to be allocated to the major movable equipment and building repair and replacement funds and transfer the depreciation reserve funding into the respective capital funds.  The medical center shall designate a minimum of ten million eight hundred thousand dollars annual depreciation reserve commitment and allocate it as follows:

                a.  The building repair and replacement fund annual funding amount shall be in accordance with the annual budget submitted to the county, but shall not be less than four million dollars per year; and

                b.  The balance, or not less than six million eight hundred thousand dollars of the minimum ten million eight hundred thousand dollar annual depreciation reserve commitment shall be allocated for moveable equipment.

              2.  An annual report shall be provided to the executive and council detailing major moveable equipment, expenditures and revenue sources in the major movable equipment fund.

              3.  The transfers to the major movable equipment fund and the building repair and replacement fund shall occur no later than thirty days after the end of the medical center’s fiscal year.

              4.  When planned expenditures exceed the funds available in the building repair and replacement fund, the additional funding shall come from an extraordinary funding source other than the county’s general fund.

              5.  The difference, between the six million eight hundred thousand dollars available for moveable equipment and the ten million eight hundred thousand dollars projected moveable equipment need, or four million dollars annually, shall be included as part of an allotment through an extraordinary funding source, not including the county’s general fund.

            J.  King County shall continue to be responsible for major long-range infrastructure capital repairs, replacements and improvements and major additions, using voter approved bonds or other funding mechanisms approved by the county governing authority.

            K.  There is created a medical center building repair and replacement fund, which shall be a county capital project fund and shall be used to account for the regular segregation of building repair and replacement capital reserves, including investment income.  From the building repair and replacement fund shall be drawn payments for the acquisition of fixed equipment, building renovations and improvements as approved by the board.

              1.  Moneys deposited in the building repair and replacement fund shall be invested solely for the benefit of that fund.  The board may make transfers to the fund on a more frequent basis.

              2.  The moneys deposited in this fund shall be used solely for the renovation and/or improvement of the medical center’s buildings and equipment, subject to the capital budgeting provisions of this chapter.  (Ord. 18233 § 5, 2016:  Ord. 17929 § 7, 2014:  Ord. 12900 § 1, 1997:  Ord. 11532 § 1, 1994:  10563 § 2, 1992).

 

*Reviser's note:  "fund 502" is apparently a reference to the major movable equipment fund.

 

            2.42.090  Reporting requirements.

            A.  As a minimum, the board shall provide the executive and the council with the following reports:

              1.  An annual financial report and statement for the medical center’s preceding fiscal year to be submitted within one hundred twenty days of the end of that fiscal year.

              2.  A report covering the proceedings of the board including the attendance record of the trustees during the preceding fiscal year shall accompany the financial report.

              3.  A summary of the medical center annual proposed operating budget including anticipated plans and highlights for the coming year, not later than seventy-five days preceding the medical center’s fiscal year.

              4.  An annual report on medical center programs and services including the quality of patient care, to accompany the operating budget summary.

              5.  A quarterly report on the extent and type of care provided priority patients, and proposed changes for improvement.

              6.  An annual fixed assets inventory report for medical center property and equipment.

              7.  A capital plant and equipment reserve report to accompany the annual operating budget summary.

            B.  The county governing authority may prescribe the format and content of reports required and set dates for submission to the county, as appropriate, consistent with the requirements of state law and regulations.  (Ord. 6818 § 10, 1984).

 

            2.42.100  Open meetings – public disclosure.

            A.  All meetings of the board shall comply and be consistent with the provisions of the state “Open Public Meetings Act (RCW 42.30).

            B.  Committee meeting shall be open to the public whenever feasible.  The board shall establish guidelines for this practice within its by-laws.

            C.  By-laws and other rules and regulations by the board shall be consistent with the “Public Disclosure Act (RCW 42.17).  (Ord. 6818 § 11, 1984).

 

2.43    BEHAVIORAL HEALTH SYSTEM

 

(Formerly MENTAL HEALTH SYSTEM)

 

Sections:

            2.43.005      Definitions.

            2.43.008      Goals and principles - duties of behavioral health system.

            2.43.015      Recovery and Resiliency-Oriented Behavioral Health Services Plan.

            2.43.025      Annual report.

 

            2.43.005  Definitions.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

            A.  "Behavioral health" means mental health and a life free of substance use disorders.

            B.  "Behavioral health system" means those agencies that only provide mental health services, those that only provide substance use disorders treatment, or those agencies that provide both types of services.

            C.  "Recovery" means a process in which an individual achieves management of the individual's symptoms and regains or develops sufficient skills and autonomy to enable the individual to live, work and participate fully in the community.

            D.  "Resiliency" means an innate capacity that empowers people across the life span to successfully meet life's challenges with a sense of self-determination, mastery and hope.

            E.  "Trauma-informed framework" means an approach to engage an individual with a history of trauma that recognizes the presence of trauma symptoms and acknowledges the impact that trauma has had on the individual's life.  (Ord. 17553 § 1, 2013:  Ord. 15327 § 3, 2005).

 

            2.43.008  Goals and principles - duties of behavioral health system.

            A.  In order to succeed in promoting resiliency and recovery, the behavioral health service system shall be based on the goals and principles of recovery and resilience within a trauma-informed framework.  A trauma-informed, recovery and resiliency focused system offers respect, information, connection and hope.

            B.  The behavioral health system shall:

              1.  Reach out to and engage individuals at-risk due to serious, disabling mental illness or substance use disorders, or both;

              2.  Focus on the whole person, including strengths, capabilities, latent abilities, and aspirations, rather than symptoms and pathologies;

              3.  Ensure behavioral health is integrated with physical health, including diet, exercise, social activities and coordination and collaboration with primary care providers;

              4.  Reduce the stigma experienced by people with behavioral health disorders;

              5.  Develop goals and service plans based on mutual respect for the consumer's aspirations and capabilities and the provider's knowledge, skills and assets;

              6.  Help individuals with serious mental illness or substance use disorders, or both, to develop personal understanding and control of their symptoms;

              7.  Assist individuals to pursue activities in the community, rather than the clinical setting, to foster full integration in the community;

              8.  Help individuals with serious mental illness or substance use disorders, or both, to develop or restore normal life roles and functions, by:

                a.  focusing on family and the developmental needs of children, including school;

                b.  establishing and maintaining household, work and peer support systems for adults; and

                c.  continuing community and social involvement for seniors;

              9.  Develop and involve natural support, including peer, family and community support;

              10.  Employ recovering individuals in the service system as peer support specialists and other positions for which they may qualify;

              11.  Collaborate with other services and systems to improve results and reduce costs by coordinating and integrating services whenever appropriate;

              12.  Reduce formal system supports as individuals recover and build natural support systems; and

              13.  Identify and implement best practices, both evidence-based and promising programs for subsection B.1. through 12. of this section.  (Ord. 17553 § 2, 2013).

 

            2.43.015  Recovery and Resiliency-Oriented Behavioral Health Services Plan.

The Recovery and Resiliency-Oriented Behavioral Health Services Plan 2012-2017 dated June 2012, which is Attachment A to Ordinance 17553*, is adopted as an overall guide and a five-year work program for transforming King County's behavioral health system from one based on community support and maintenance to one based on recovery and resiliency.  (Ord. 17553 § 3, 2013:  Ord. 15327 § 4, 2005).

 

*Available in the King County Archives.

 

            2.43.025  Annual report.

            A.  The behavioral health and recovery division, or its successor, shall provide to the council an annual written progress report.  The report shall describe progress in implementing the recovery model and resiliency model and shall include:

              1.  The status of strategies, goals, action steps, and timelines for implementing the identified system changes necessary to achieve a fully recovery and resiliency oriented service system;

              2.  Detailed information on programs and activities; and

              3.  Outcomes and other appropriate performance measures.

            B.  The report shall be filed in the form of a paper original and an electronic copy to the clerk of the council, who shall retain the original and provide an electronic copy of the report to all councilmembers, all members of the regional policy committee, the council chief of staff and the lead staff for the council's law, justice, health and human services committee, or its successor, and for the regional policy committee, or its successor.  (Ord. 18171 § 2, 2015:  Ord. 17553 § 4, 2013:  Ord. 17553 § 4, 2013:  Ord. 15327 § 5, 2005).

 

2.45    KING COUNTY ACTIVE SPORTS AND YOUTH RECREATION COMMISSION

 

Sections:

            2.45.010      Establishment.

            2.45.020      Purpose.

            2.45.030      Membership - terms and nonvoting ex officio members.

            2.45.040      Responsibilities.

            2.45.050      Staffing, rules and procedures.

 

            2.45.010  Establishment.  The King County active sports and youth recreation commission is hereby established and shall be referred to as "the commission" throughout this chapter.  (Ord. 13720 § 2, 2000).

 

            2.45.020  Purpose.  The purpose of the commission is to develop a regional perspective to address the needs of active sports and youth recreation in King County, and to advise the county in its efforts to encourage recreational opportunities throughout King County.  The commission should also apply its efforts to understand and coordinate the unique recreational needs of all age groups throughout King County.  (Ord. 13720 § 3, 2000).

 

            2.45.030  Membership – terms and nonvoting ex officio members.

            A.  The commission must consist of nineteen voting members and shall consist of one member nominated by each councilmember and ten at-large members, of whom four shall be nominated by the council.  Nominees shall be appointed by the executive and confirmed by the council by motion.

            B.  Commission members representing council districts and those at-large positions nominated by the council shall be in the manner set forth in K.C.C. 2.28.0015.

            C.  In making appointments to the commission, an effort should be made to assure that the following categories of recreation are considered:  field sports; court sports; aquatic recreation; hobby groups; specialized recreation for persons with disabilities; and any other sport that requires facilities or fields.  Additionally, one or more representatives of local youth groups should be included on the commission membership.  Councilmembers may recommend candidates for appointment who are under the age of eighteen.  Commission membership shall be monitored by the director of the department of natural resources and parks and the director shall provide councilmembers with recommendations on which recreation categories are not represented on the commission and which categories should receive priority consideration for appointment.  The director of the department of natural resources and parks, a representative from a local law enforcement agency and a representative of King County council's growth management and natural resources committee, or its successor, may serve as nonvoting ex officio members of the commission.

            D.  All appointees should have a working knowledge of parks and recreation, a strong commitment to promote recreation in King County, the ability to work with differing viewpoints to find solutions to complex problems and a willingness to commit the time necessary to attend commission meetings and activities.  (Ord. 15548 § 5, 2006:  Ord. 14561 § 10, 2002:  Ord. 13720 § 4, 2000).

 

            2.45.040  Responsibilities.

            A.  The commission shall develop recommendations and advise the King County executive and the King County council on:

              1.  Ways to maintain and enhance interjurisdictional relations;

              2.  Ways to create ongoing partnerships with local parks and recreation departments, school districts and nonprofit groups to maximize use of recreation facilities;

              3.  Long-range planning to anticipate demand for programs, facilities and services;

              4.  Propose possible new properties and facilities to meet regional sports needs, and identify funding sources for the acquisition of those facilities;

              5.  Growth management policies which enhance recreational programs or facilities; and

              6.  Making improvements to existing facilities and exploring the use of public-private partnerships for maintenance of these facilities.

            B.  The commission shall issue a status report to the council by May 1 every two years, beginning May 1, 2001, to provide preliminary information on King County's current state of recreation opportunities available for youth.  This biennial "state of youth sports" report shall include information on:  the demographics of young people in King County; percentages involved in organized sports leagues including, but not limited to, soccer, baseball, softball and basketball; the proximity and availability of fields and courts for youth for both organized and unorganized activities; and information correlating the availability or lack of recreational activities to involvement in the criminal justice system.  (Ord. 13720 § 5, 2000).

 

            2.45.050  Staffing, rules and procedures.  The director of the King County department of parks and recreation is responsible for the staffing and operation of the commission.  Before undertaking its other responsibilities, the commission shall elect officers and adopt administrative procedures.  Any policy recommendations issued by the commission that require council approval shall be jointly referred to the regional policy committee and the natural resources, parks and open space committee for review and consideration.  Proposals shall first be considered by the regional policy committee, followed by the natural resources, parks and open space committee.  (Ord. 13720 § 6, 2000).

 

2.46    PUBLIC ART PROGRAM

 

Sections:

            2.46.010      Establishment of public art program.

            2.46.020      Purpose of the public art program.

            2.46.030      Definitions.

            2.46.050      Artists’ involvement in public art program.

            2.46.060      Selecting artists.

            2.46.090      Authorization to accept donations for public art.

            2.46.120      Multicultural art.

            2.46.150      County responsibilities for public art projects.

            2.46.160      Cultural development authority responsibilities for the development of public art projects.

            2.46.170      Contracts - review and approval.

            2.46.180      Public art advisory committee.

 

            2.46.010  Establishment of public art program.  There is hereby established a public art program that shall ensure that the work, thinking, creative skills and unique perspectives of artists are included in the planning, design and construction of county property, facilities, infrastructure and public spaces.  The public art program shall be administered and implemented by the cultural development authority.  (Ord. 14482 § 2, 2002:  Ord. 12089 § 3, 1995).

 

            2.46.020  Purpose of the public art program.  It is the intention of the county to contribute to the cultural and artistic legacy of this region through the public art program.  The purposes of the program include the following:

            A.  Integrate the work and thinking of artists into the planning, design and construction of county facilities, buildings, infrastructure and public spaces;

            B.  Enhance and enrich the county’s physical environment and public spaces;

            C.  Celebrate the multicultural and diverse character of its communities;

            D.  Contribute a sense of ownership and pride in public facilities and spaces to county citizens;

            E.  Mitigate potential adverse impacts of construction;

            F.  Engage the citizens and communities of the county in creative partnerships with artists; and

            G.  Support, educate and assist citizens with their community activities in which public art plays a part.  (Ord. 14482 § 23, 2002:  Ord. 12089 § 4, 1995).

 

            2.46.030  Definitions.  Words in this chapter have their ordinary and usual meanings except those defined in this section, which have, in addition, the following meanings.  If there is conflict, the specific definitions set forth in this section shall presumptively, but not conclusively, prevail.

            A.  "Advisory committee" or "committee" means the public art advisory committee established by the cultural development authority to provide oversight and citizen involvement for the public art program.

            B.  “Artist selection panel” means a group of individuals, including artists, art and design professionals and nonartist citizen representatives established by the cultural development authority to select artists to provide works or services in the planning, design and construction of county facilities, buildings, infrastructure and public spaces.

            C.  "Charter" means the articles of organization of the cultural development authority adopted by the county and all amendments thereto.

            D.  “Client department” means the county department, division or office responsible for construction or custodial management of a facility or capital improvement project ("CIP") project after construction is complete.

            E.  "Cultural development authority" or "authority" means the cultural development authority of King County established under K.C.C. chapter 2.49.

            F.  “Public art program” means the program administered and implemented by the cultural development authority that includes the works and thinking of artists in the planning, design, and construction of facilities, buildings, infrastructure and public spaces to enhance the physical environment, mitigate the impacts of county construction projects, and enrich the lives of county residents through increased opportunities to interact with art.

            G.  “Public space” is any place or property within the county that is open to the general public for its use, is in public view or is generally accessible to the public.  (Ord. 17527 § 53, 2013: Ord. 14482 § 24, 2002:  Ord. 12089 § 5, 1995).

 

            2.46.050  Artists’ involvement in public art program.  It is the intent of the council to involve artists at the earliest appropriate project state.  The cultural development authority shall establish the artist selection process and, in collaboration with the client department, define the scope of work on a case-by-case basis. Artists shall be included in a broad range of projects including, but not limited to:

            A.  Planning.  Artists may be selected as planning consultants to assist in the evaluation of options, strategies, limitations and opportunities for art and aesthetic design in capital projects before the scope, quality, schedule and budget are fixed;

            B.  Collaboration with project design team.  Artists may be selected  to collaborate with design team members on construction or project work in which the creation, documentation and construction of the project is jointly developed with the county’s project managers, design team and the community with the goal of improving the aesthetics of the entire project;

            C.  Site-specific artwork.  Artists may be selected to design artwork for a specific location; and

            D.  Individual works of art.  Artists may be commissioned to create a work of art, or existing works of art may be purchased.  (Ord. 14482 § 25, 2002:  Ord. 12089 § 7, 1995).

 

            2.46.060  Selecting artists.  The cultural development authority shall select artists to participate in the county’s public art program through one of the following ways:

            A.  The cultural development authority may solicit applications from artists through an open competition.  Through publicly advertised requests for applications process, the authority shall review submittals and may select an artist that meets the authority's requirements; or

            B.  The cultural development authority may invite a limited number of artists to submit applications or prepare proposals.  From this limited pool, the authority may select an artist based upon the authority's requirements.  (Ord. 14482 § 26, 2002:  Ord. 12089 § 8, 1995).

 

            2.46.090  Authorization to accept donations for public art.

            A.  The county may receive offers of donations of artwork or funds for public art.  Potential donors shall be referred to the cultural development authority to discuss the nature of the gift and procedures for review and approval.  The cultural development authority shall review the proposal and recommend consideration or rejection of the offer, and make a site recommendation where applicable.

            B.  Financial gifts, bequests and donations recommended for acceptance by the cultural development authority shall be subject to approval by council motion consistent with K.C.C. 2.80.010, and, if approved by the council, shall be credited to the public art account within the arts and cultural development fund.  Donated funds shall be accounted for individually and administered by the cultural development authority until fully expended in a manner consistent with the donor’s restrictions and the council motion that approved the donation.  (Ord. 14482 § 27, 2002:  Ord. 12089 § 11, 1995).

 

            2.46.120  Multicultural art.  King County is committed to participation by multicultural and ethnic artists in public art.  Therefore, the cultural development authority shall, within available funding, take necessary actions to:

              1.  Ensure that juries and commissioned artists reflect the ethnic diversity of the population of King County; and

              2.  Support and develop projects that create opportunities for multicultural and ethnic artists.  (Ord. 14482 § 28, 2002:  Ord. 12089 § 14, 1995:  Ord. 9134 § 7, 1989.  Formerly K.C.C. 4.40.060).

 

            2.46.150  County responsibilities for public art projects.

            A.  The county is committed to ensuring the success of the public art program, facilitating strong partnerships between county client departments and with the cultural development authority, promoting efficiencies and offering maximum benefit to county citizens.  The executive shall ensure county departments and agencies communicate regarding the management of existing and future county artwork and perform their duties related to public art and fully cooperate with the cultural development authority in its performance of its responsibilities.  The responsibilities of county departments and agencies shall include, but not be limited to, the following actions and obligations:

              1.  Client departments procuring artists’ services or artworks shall follow the procedures of the public art program developed by the cultural development authority.  The authority shall administer all contracts with artists engaged in public art activities and serve as the liaison between the artists and the client department;

              2.  To facilitate early artist involvement, the client department shall provide the cultural development authority with information on proposed capital improvements during the early planning phases of these projects;

              3.  Not all projects that generate funding for public art must include an art component.  On an annual basis, each client department and the cultural development authority shall review all eligible capital improvement projects and the pooled departmental appropriations for public art to develop a prioritized list of projects that are the most appropriate for inclusion of public art.  The following criteria shall be used to evaluate potential projects:

                a.  the project has high public visibility and accessibility;

                b.  the project presents unique opportunities for public art;

                c.  the project presents an opportunity to partner with another agency or leverage the county’s resources;

                d.  the area of a project is underserved by other arts service providers or there is a lack of public art in a particular area;

                e.  the community affected by the project has expressed a strong desire for public art;

                f.  there is a legal mandate to include the artwork within a particular project; and

                g.  the project’s construction or siting may be mitigated by the inclusion of public art.

              2.  The director of the client department shall meet annually with the cultural development authority to prioritize projects, assess possibilities for artist involvement and review the ways that public art can help achieve the department’s mission and goals;

              3.  The cultural development authority and the client department shall collaboratively define the scope of the artist’s involvement, the project specific art budget, project development schedule and the architectural and engineering team’s responsibilities in working with the art project;

              4.  The client department must advise the artist selection panel established by the cultural development authority regarding the technical parameters of the project and the department's goals during the selection process.

              5.  The client department shall ensure that:

                a.  Requests for qualifications (RFQs) or requests for proposals (RFPs), for consulting services, require coordination with the cultural development authority when the project includes public art; and

                b.  Consultants’ contracts include coordination with the project's artists as part of the scope of service;

              6.  The client department shall include the cultural development authority as an advisor during the consultant selection process for capital projects that include art;

              7.  Following incorporation of art into the county’s art collection, the county shall provide to the cultural development authority the name of a department employee who works at or near the site of the artwork who is responsible on behalf of the county for the artwork and who may be listed on public art collection records as the client department’s contact person with respect to the artwork; and

              8.  The county shall ensure that its artworks are properly maintained, protected and restored.

            B.  Annually, the county and the cultural development authority shall negotiate an agreement for management and rotation services, maintenance, protection and restoration of the county's public art collection, including, but not limited to, services needed to comply with contracts for commissioned artwork.  The annual appropriation for these services shall be determined in the county's annual budget.  (Ord. 14482 § 31, 2002).

 

            2.46.160  Cultural development authority responsibilities for the development of public art projects.  The cultural development authority shall:

            A.  Advise the executive and the council regarding the county’s public art program;

            B.  Develop policies and program guidelines for consideration by the council;

            C.  Identify projects that can benefit from artists' involvement;

            D.  Establish an artist selection panel.  Consultants, if available, may also serve as nonvoting advisors to the panel;

            E.  Select and commission artists;

            F.  Provide design review for public art projects;

            G.  Serve as the adjudicating body to resolve disputes involving aesthetic judgment relative to the county's public artwork;

            H.  Provide oversight for the maintenance of public artwork after the work is in place;

            I.  Designate sites;

            J.  Determine project-specific budgets for public art;

            K.  Develop recommendations regarding acceptance of any gifts, bequests or donations of artwork to the county intended for inclusion in the county's public art collection;

            L.  Review any action requiring deaccessioning, which is removal of artwork from the county’s public art collection; and

            M.  Review any action requiring relocation or proposed alterations of integrated or site specific artworks included in the county’s public art collection.  (Ord. 14482 § 32, 2002).

 

            2.46.170  Contracts - review and approval.  The county and the cultural development authority shall annually review and develop contracts for the purchase of commissioned public artwork.  The cultural development authority shall rely on the approved contracts for the procurement of all public artwork   A contract may include a scope of work attachment subject to approval by a representative from the county client department.  The cultural development authority shall not alter the contract for public artwork without first obtaining permission from the county in writing.  (Ord. 14482 § 33, 2002).

 

            2.46.180  Public art advisory committee.  The cultural development authority shall establish a public art advisory committee to advise the authority’s board regarding policies and public art, as set forth in K.C.C. 2.46.160.  Committee members shall be conversant with public art, experienced with community issues and concerns, and sought from a range of professionals including artists, architects, landscape architects, arts administrators, urban planners and designers, community arts activists as well as business professionals and others.  The appointment process and terms of service shall be established by the cultural development authority as set forth in the authority's charter.  (Ord. 14482 § 34, 2002).

 

2.48    CULTURAL PROGRAMS

 

Sections:

            2.48.020      Definitions.

            2.48.030      Policy.

            2.48.045      Responsibilities for cultural programs.

            2.48.065      Arts advisory committee.

            2.48.075      Heritage advisory committee.

            2.46.085      Historic preservation advisory committee.

            2.48.101      Cultural education program.

            2.48.103      Special projects program.

            2.48.105      Cultural facilities program.

            2.48.108      Sustained support program for arts

            2.48.109      Sustained support program for heritage.

            2.48.125      Compliance with antidiscrimination legislation.

 

            2.48.020  Definitions.  Words in this chapter have their ordinary and usual meanings except those defined in this section, which have, in addition, the following meanings.  If there is conflict, the specific definitions in this section shall presumptively, but not conclusively, prevail.

            A.  "Charter" means the articles of organization of the cultural development authority adopted by the county and all amendments thereto.

            B.  "Cultural development authority" or "authority" means the cultural development authority of King County established under K.C.C. chapter 2.49.

            C.  "Cultural education" means the sequential and comprehensive study of the elements of the various arts and heritage forms and how to use them creatively, including instruction in skills, critical assessment, the history of the arts and heritage forms and aesthetic judgment.

            D.  "Cultural facilities" means publicly accessible buildings and structures that are used primarily for the performance, exhibition or benefit of arts and heritage activities, including, but not limited to, performing arts, visual arts, heritage and cultural endeavors.

            E.  "Cultural programs" means the programs for cultural education, cultural facilities, special projects and sustained support.

            F.  "Cultural resources" means community and regional programs and projects relating to performing, visual, literary and other arts; public and civic art; heritage; museum and archival collections; historic preservation; cultural education; and cultural organizations, institutions and attractions.

            G.  "Culture" means the arts and heritage disciplines, which include, but are not limited to, dance, drama, theatre, music, visual arts, literary arts, media arts, performing arts, traditional and folk arts, ethnic arts and history, heritage and historic preservation.

            H.  "Fixed assets" means tangible objects such as machinery or equipment intended to be held for ten years or more that will benefit cultural institutions.

            I.  "Heritage" means King County’s history, ethnic history, indigenous and traditional culture, folklore and historic and archaeological resources and those projects and programs initiated by the authority to preserve King County’s heritage and to support community and regional heritage organizations and public agencies in such efforts.

            J.  "Historic preservation" means the preservation or conservation of the county's historic and archaeological resources and those programs and projects initiated by the authority to foster such preservation or conservation through non-regulatory activities such as interpretation, community education and outreach, cultural tourism and rehabilitation of historic resources.

            K.  "Hotel-motel tax revenues" means funds designated for cultural purposes as described in RCW 67.28.180 and deposited into the arts and cultural development fund and used for the purposes described in this chapter and K.C.C. chapter 4.42.

            L.  “Individual artist” means an artist acting individually and independently without affiliation to or with another individual, group or organization.  (Ord. 17527 § 60, 2013:  Ord. 17461 § 2, 2012:  Ord. 14482 § 35, 2002:  Ord. 12945 § 1, 1997:  Ord. 12089 § 17, 1995:  Ord. 11684 § 11, 1995:  Ord. 8300 § 2, 1987).

 

            2.48.030  Policy.

            A.  It is the policy of King County to foster the excellence, vitality and diversity of cultural programs in the county and to make opportunities to experience cultural programs available to all citizens of the county because:

              1.  King County recognizes that arts and heritage institutions and organizations and professional artists, heritage specialists and historic preservationists, working in partnership with the region’s tourism industry, attract visitors and enhance the county’s national and international reputation as a cultural center.

              2.  King County recognizes that the transmission of historical and cultural values and traditions from one generation to the next is essential to the sense of identity of communities, ethnic and cultural groups, and of all citizens of King County.

              3.  King County recognizes that a healthy and well-balanced future citizenry is dependent upon the promotion of comprehensive cultural education programs for today's youth and that cultural education, in the classroom and in the community, is an integral part of building audiences, appreciation and support for cultural programs.

              4.  King County recognizes that the loss or destruction of historic structures, sites and artifacts constitutes an irreplaceable loss to the quality of life and character of King County.

              5.  King County recognizes that its support for the cultural community should be distributed to major regional, mid-sized, emerging and community-based organizations.

              6.  King County recognizes that support for the development of cultural activities should be distributed throughout all parts of the county, including urban, suburban, rural and incorporated and unincorporated areas; and

              7.  King County recognizes that support for the work of individual artists and heritage specialists is important to ensure the continuance of diverse creative expression.

            B.  To carry out this policy, the cultural development authority is hereby authorized to develop and implement cultural programs in King County.

            C.  The county is committed to ensuring the success of cultural programs and facilitating strong partnerships between the county, cultural development authority and cultural community.  The executive shall ensure county departments and agencies perform their duties related to cultural programs and fully cooperate with the cultural development authority in its performance of its responsibilities.  (Ord. 14482 § 36, 2002:  Ord. 12945 § 2, 1997:  Ord. 8300 § 3, 1987).

 

            2.48.045  Responsibilities for cultural programs.  The cultural programs described in this chapter shall be implemented and administered by the cultural development authority.  The duties and authorities of the cultural development authority shall include the following:

            A.  Developing policies, guidelines and eligibility criteria for consideration by the council for cultural programs;

            B.  Considering and approving project and grant proposals;

            C.  Reviewing, evaluating and accounting for expenditures of program funds; and

            D.  Annually reporting program results to the county executive and county council.  (Ord. 14482 § 37, 2002).

 

            2.48.065  Arts advisory committee.  The cultural development authority shall establish an arts advisory committee to advise the authority’s board regarding policies and cultural programs.  Committee members shall be:  conversant with arts practices and programs; experienced with community issues and concerns; and sought from a range of professionals including individual artists, arts administrators, educators and community arts activists as well as business professionals and others.  The appointment process and terms of service shall be established by the cultural development authority as set forth in its charter.  (Ord. 14482 § 38, 2002).

 

            2.48.075  Heritage advisory committee.  The cultural development authority shall establish a heritage advisory committee to advise the authority’s board regarding policies and cultural programs.  Committee members shall be:  conversant with heritage practices and programs; experienced with community issues and concerns; and sought from a range of professionals including educators, heritage specialists, historians and community heritage activists as well as business professionals and others.  The appointment process and terms of service shall be established by the cultural development authority as set forth in its charter.  (Ord. 14482 § 39, 2002).

 

            2.48.085  Historic preservation advisory committee.  The cultural development authority shall establish a historic preservation advisory committee to advise the authority’s board regarding policies and cultural programs.  Committee members shall be:  conversant with  historic preservation practices and programs; experienced with community issues and concerns; and sought from a range of professionals including educators, historic preservationists, historians and community heritage activists as well as business professionals and others.  The appointment process and terms of service shall be established by the cultural development authority as set forth in its charter.  (Ord. 14482 § 40, 2002).

 

            2.48.101  Cultural education program.*  There is hereby established the King County cultural education program.  The program shall consist of one-year grants for projects developed by cultural organizations  or projects proposed and developed by the cultural development authority for the purpose of enriching existing and creating new cultural education program.  The cultural education program shall be an annual program administered by the cultural development authority, consistent with this chapter and the charter and shall be contingent on available hotel-motel tax revenues.  The cultural education program shall be subject to the following:

            A.  All cultural organizations that meet the criteria contained in this chapter and any applicable guidelines approved by the cultural development authority for the King County cultural education program are eligible to apply for the King County cultural education program grants.  School districts and schools shall not receive revenues distributed under this section;

            B.  Moneys granted to the individual cultural organizations shall be used to enrich existing cultural education programs or to create new ones and in any event shall be expended only for direct costs for cultural education, which may include fees for artists, cultural specialists, experts in cultural education, and performing and visual arts and heritage organizations. Any application for moneys to enrich existing or to create new arts, cultural or heritage programs shall be developed by the applicant or applicants in joint cooperation with a King County public school or school district;

            C.  Organizations proposing projects for all grades shall be eligible for grant funding under this chapter.  However, while funds are minimal, projects proposed for grades K-8, or grades K-9 in schools where grade 9 remains in the middle school configuration, shall receive priority for funding;

            D.  The cost of administering the King County cultural education program shall be minimal;

            E.  Applications must describe the intended use of the grant funds.  The intended use must be for cultural education projects serving either King County schools or public school districts, or both.  Grant applications may address the needs of special student populations, such as at-risk students and students with handicaps or disabilities, and other youth of school age who are not currently in school, such as youth in detention and those who have dropped out of school;

            F.  There shall be written application guidelines and procedures, which shall include eligibility criteria, scope of program and funding requirements.  The guidelines, criteria and application procedures shall be adopted by the cultural development authority.  Established criteria shall include commitment and ability to provide student learning in cultural endeavors.  The cultural development authority shall establish procedures for evaluation of programs and accountability of funds;

            G.  Grant awards shall reflect a countywide geographic distribution, and shall include projects serving public schools and public school districts from various affluent and less-affluent communities; and

            H.  Approval of grants shall be made by the cultural development authority consistent with this chapter and the charter.  Grant decisions shall be made on a competitive basis and in accordance with criteria established in accordance with subsection F of this section.  Grants made under the King County cultural education program shall recognize that Bellevue is receiving its own hotel-motel tax revenues, and therefore preference shall be given to applications serving other areas of the county.  Grants to organizations proposing worthwhile projects in Bellevue public schools are not precluded.  (Ord. 14482 § 41, 2002:  Ord. 14440 § 4, 2002:  Ord. 11242 § 4, 1994:  Ord. 10189 § 4, 1991:  Ord. 9279 § 4, 1989.  Formerly K.C.C. 4.42.030).

 

*See K.C.C. 4A.200.140 for the arts and cultural development fund.

 

            2.48.103  Special projects program.

            A.  There is hereby established the King County special projects program.  This program shall consist of competitive grants or projects proposed and developed by the cultural development authority, for funding innovative arts project, heritage endeavors and collaborative programs that reflect the cultural and geographic diversity of King County and are not funded by other county programs.  The special projects program shall be an annual program administered by the cultural development authority and shall be contingent on available hotel-motel tax revenues.  Approval of grants shall be made by the cultural development authority consistent with this chapter and the charter.  Grants may be made to arts and heritage organizations, individual artists, heritage specialists, community educational organizations and community arts groups and public agencies that reflect the multicultural, ethnic and geographic diversity of King County.  Applications must describe the intended use of the grant funds, and applicants may request full cost recovery.

            B.  There shall be written guidelines and procedures for applying for grants that shall include eligibility criteria, scope of program and funding needs.  The guidelines and procedures shall be adopted by the cultural development authority.

            C.  The funds expended for the King County special projects program shall be used to expand the role of local arts and heritage organizations and individuals as artistic and cultural educational resources that develop King County through arts and historic events and features in King County, within the intent and purposes authorized by RCW 67.28.180(3)(a).  The purposes of these expenditures shall be to:

              1.  Produce special projects and programs that highlight the region’s cultural resources;

              2.  Assist in providing and bringing touring programs and exhibits on the regional and national level to King County;

              3.  Improve cultural opportunities and audience development that promote the cultural diversity and multicultural heritage of the region, with particular emphasis on special populations, multicultural audiences and King County youth;

              4.  Encourage and provide an exchange of services and technical assistance between larger and smaller organizations, individual artists and heritage professionals;

              5.  Address the needs of either mid- and smaller-sized organizations or individual artists and heritage professionals, or both;

              6.  Provide opportunities for independent artists to produce new works; and

              7.  Develop heritage projects that make a significant contribution to the preservation, conservation or interpretation of the historical and archaeological resources of King County.

            D.  Eligible applicants shall include, but not be limited to, individual artists, arts and heritage organizations, community arts and cultural groups, community educational organizations and family and youth programs relating to cultural endeavors that reflect the multicultural, ethnic and geographic diversity of King County.

            E.  The cost of administering the program shall be minimal.

            F.  The cultural development authority may also develop and sponsor special projects that meet the program purposes described in subsection C of this section.  (Ord. 14482 § 66, 2002:  Ord. 14440 § 5, 2002: Ord. 11242 § 7, 1994:  Ord. 10189 § 9, 1991:  Ord. 9279 § 8, 1989.  Formerly K.C.C. 4.42.060).

 

            2.48.105  Cultural facilities programKing County recognizes that the cultural facilities program has helped build a cultural infrastructure in the region with projects including the Bellevue Art Museum, Benaroya Hall, the Olympic Sculpture Garden and many more.  Arts organizations such as the Seattle Center Foundation and heritage organizations such as the Museum of History and Industry are in the process of constructing regional cultural facilities and are seeking capital contributions in 2003.  The county strongly supports these projects and encourages the cultural development authority of King County to recognize and assist these organizations to meet their financial goals through private and public donors.

            A.  The cultural facilities program shall be administered by the cultural development authority.  Approval of grants shall be made by the cultural development authority consistent with this chapter and the charter.

            B.  The funds allocated to the cultural facilities program shall be used only for the purchase, design, construction and remodeling of performing arts, visual arts, heritage and cultural facilities and for the purchase of fixed assets that will benefit art, heritage and cultural organizations, but heritage facility funding may also be used for heritage sustained support.

            C.  Funds may be spent on providing assistance for planning and improvement of cultural facilities, providing for the preservation and restoration of cultural facilities otherwise eligible for funding pursuant to this chapter and providing funds to cultural organizations to comply with Section 504 of the Federal Rehabilitation Act of 1973, as amended.

            D.  Funds received under this section may be used for payment of principal and interest on bonds issued for cultural capital projects.  The manager of the finance and business operations division shall manage the program's debt incurred before and including December 31, 2002, to ensure continued high credit quality, access to credit markets and financial flexibility.  The cultural development authority shall be responsible for program debt incurred from and after January 1, 2003.

            E.  Eligible applicants shall include performing arts, visual arts, heritage and cultural organizations.  Eligible applicants must be financially stable and have at least the following:

              1.  A legally constituted and working board of directors;

              2.  A record of artistic, heritage or cultural accomplishments;

              3.  At least a two-year operating history;

              4.  Demonstrated ability to maintain net current liabilities at less than thirty percent of general operating expenses;

              5.  Demonstrated ability to sustain operational capacity subsequent to completion of projects or purchase of machinery and equipment; and

              6.  Evidence of an independent financial review of the organization.  (Ord. 14482 § 42, 2002:  Ord. 14440 § 6, 2002:  Ord. 14199 § 86, 2001:  Ord. 12076 § 49, 1995.  Formerly K.C.C. 4.42.100).

 

            2.48.108  Sustained support program for arts.

            A.  There is hereby established the King County sustained support program for arts.  The purpose of this program shall be to provide operating support to arts organizations and local arts agencies with a demonstrated record of providing or facilitating quality arts experiences for residents of and visitors to King County.

            B.  The sustained support program for arts shall be administered by the cultural development authority.  The program shall consist of a biennial application process.  Grants shall be allocated on an annual basis for two consecutive years.  Approval of grants shall be made by the cultural development authority consistent with this chapter and the charter.  Financial stability and a previous record of artistic accomplishments, and a demonstrated commitment to provide ongoing cultural programs or events for the benefit of King County residents and visitors shall be considered in the application review process.  Grant recommendations shall reflect a countywide geographic distribution, and shall include organizations of all sizes and in all artistic disciplines.

            C.  Eligible applicants are:

              1.  Not-for-profit arts organizations based in King County with a minimum of three years presenting or producing arts programs for King County residents.  For the purposes of this subsection, "not-for-profit arts organizations" means those legally incorporated nonprofit entities that provide as their primary mission a regular season of arts programs or services, which may include a season or annual program of performances, exhibitions, media presentations, festivals, readings or literary publications;

              2.  Not-for-profit arts service organizations that  provide arts education and training, and professional services such as administrative support, technical assistance or services to a variety of arts professionals or disciplines, including special populations, ethnic communities and underserved communities;

              3.  Local arts agencies, which are arts councils, arts commissions or similar entities that are nonprofit organizations or official units of municipal government based in a suburban or rural King County community specifically dedicated to providing arts services for its residents that meet the following criteria:

                a.  Have a minimum three-year history of providing arts services to the community in which it is based;

                b.  Are primarily dedicated to the provision of planning, financial support, services, programs and development opportunities for community based arts organizations, artists and the public during a major portion of the year; and

                c.  Are involved on a regular basis activities or programs in more than one arts discipline or arts service area;

            4.  Organizations that do not have a tax exemption under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)), which may apply under the sponsorship of another organization that is tax-exempt under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)).  The applying organization shall act as an independent fiscal agent for the sponsoring organization and shall assume responsibilities required by the contract.

            D.  Eligible applicants must have a record of artistic or cultural accomplishments and must have been in operation for at least three years.

            E.  The funds expended for the King County sustained support program for arts shall be used to support the role of arts organizations and local arts agencies in King County, within the intent and purposes authorized by RCW 67.28.180(3)(a).  Funds shall be used to support annual operating expenses, which may include staff, utilities, supplies, fees or services relating to arts programs and services that provide public benefit and are accessible to King County residents and visitors.  Funds shall not be used for capital projects or fundraising purposes.  (Ord. 14482 § 44, 2002:  Ord. 14440 § 7, 2002.  Formerly K.C.C. 4.42.108).

 

            2.48.109  Sustained support program for heritage.

            A.  There is hereby established the King County sustained support program for heritage.  The purpose of this program shall be to provide operating support to historical museums and heritage organizations that make exceptional contributions to the preservation, collection, exhibition, interpretation or protection of resources related to the history of the people and places of King County.

            B.  The sustained support program for heritage shall be administered by the cultural development authority.  The program shall consist of a biennial application process.  Grants shall be allocated on an annual basis for two consecutive years.  Approval of grants shall be made by the cultural development authority consistent with this chapter and the charter.  Grant recommendations shall reflect a countywide geographic distribution, and shall include organizations of all sizes and in all heritage disciplines.  Financial stability and a previous record of accomplishments, and a demonstrated commitment to provide ongoing cultural programs or events for the benefit of King County residents and visitors shall be considered in the application review process.

            C.  Eligible applicants are:

              1.  Historical museums or heritage organizations with any combination of ongoing programs, exhibitions, presentations or tours and must be tax-exempt under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)); and

              2.  Public development authorities.

            D.  Eligible applicants must operate a heritage facility in King County and have a minimum of two years experience managing collections, presenting exhibits or providing other public services and programs with a focus on King County history and heritage.

            E.  The funds expended for the King County sustained support program for heritage shall be used to expand the role of local heritage organizations and provide access to cultural programs in King County, within the intent and purposes authorized by RCW 67.28.180(3)(a).  The purpose of these funds is to offset the expenses and costs of heritage facility operations, including those for staff, utilities, supplies, fees or services that relate to public access to, or public benefits deriving from, programs and services involving the collection, preservation, exhibition, and interpretation of King County history and heritage resources, as well as the education of the public about them.  The funds expended for the King County sustained support program for heritage shall not be used for any programs or services that do not: provide public access or public benefit; serve King County residents or visitors; comply with existing federal, state or local legislation; involve heritage facilities in King County; or relate to King County history and heritage.  (Ord. 14482 § 45, 2002:  Ord. 14440 § 8, 2002.  Formerly K.C.C. 4.42.109).

 

            2.48.125  Compliance with antidiscrimination legislation.

            A.  Arts and heritage organizations receiving funding from King County through the cultural development authority shall comply with federal, state and local laws that require that state and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities, including, but not limited to, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 706), the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), chapter 49.60 RCW (the Washington state law against discrimination) and K.C.C. chapter 12.22 (prohibiting discrimination in places of public accommodation).

            B.  Allocations by the cultural development authority to arts and heritage organizations shall be contingent upon the organizations being in compliance with the requirements of federal, state and local laws that require that state and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities, including, but not limited to, Section 504 of the Federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 706), the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), chapter 49.60 RCW (the Washington state law against discrimination) and K.C.C. chapter 12.22 (prohibiting discrimination in places of public accommodation).

            C.  Arts organizations receiving funding from King County through the cultural development authority shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to:  Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington state law against discrimination); K.C.C. chapter 12.16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting; K.C.C. chapter 12.18 requiring fair employment practices; and K.C.C. chapter 12.22 prohibiting discrimination in places of public accommodation.

            D.  Allocations by the cultural development authority of King County to arts and heritage organizations shall be contingent upon the organizations being in compliance with the requirements of with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to:  Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington state law against discrimination); K.C.C. chapter 12.16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting; K.C.C. chapter 12.18 requiring fair employment practices; and K.C.C. chapter 12.22 prohibiting discrimination in places of public accommodation.  (Ord. 14482 § 47, 2002:  Ord. 9051 §§ 1-2, 1989).

 

2.49    CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY

 

Sections:

            2.49.020      Definitions.

            2.49.030      Cultural development authority created.

            2.49.040      Name.

            2.49.050      Powers of authority.

            2.49.060      Charter - approval.

            2.49.070      Charter - effect of issuance.

            2.49.080      Board of directors - established - appointments - duties.

            2.49.090      Board of directors - organization.

            2.49.100      Board of directors - removal of directors.

            2.49.110      Bylaws.

            2.49.120      Quorum.

            2.49.130      County liability limited.

            2.49.140      Insolvency and dissolution.

            2.49.150      County executive - authorizations.

            2.49.160      Reporting requirements.

            2.49.170      Transfer of funds.

            2.49.180      Transfer and use of county property, systems and leased office space.

            2.49.200      Hotel-motel revenue allocations for cultural programs.

 

            2.49.020  Definitions.  Words in this chapter have their ordinary and usual meanings except those defined in this section, which have, in addition, the following meanings.  If there is conflict, the specific definitions in this section shall presumptively, but not conclusively, prevail.

            A.  "Board of directors" or "board" means the governing body vested with the management of the affairs of the cultural development authority.

            B.  "Director" means a member of the board of the cultural development authority.

            C.  "Bylaws" means the rules adopted by the county for the regulation or management of the affairs of the cultural development authority and includes all amendments adopted by the board.

            D.  "Charter" means the articles of organization of the cultural development authority adopted by the county and all amendments thereto.

            E.  "Cultural bonds" means bonds issued by the county before December 31, 2002, backed by hotel-motel tax revenues to support the construction of cultural facilities.

            F.  "Cultural development authority" or "authority" means the public authority created under this chapter.

            G.  "Cultural resources" means community and regional programs and projects relating to:

              1.  Performing, visual, literary and other arts;

              2.  Public and civic art;

              3.  Heritage;

              4.  Museum and archival collections;

              5.  Historic preservation;

              6.  Cultural education; and

              7.  Cultural organizations, institutions and attractions.

            H.  "Heritage" means King County’s history, ethnic history, indigenous and traditional culture, folklore and historic and archaeological resources and those projects and programs initiated by the authority to preserve King County’s heritage and to support community and regional heritage organizations and public agencies in those efforts.

            I.  "Historic preservation" means the preservation or conservation of the county's historic and archaeological resources and those programs and projects initiated by the authority to foster such preservation or conservation through nonregulatory activities such as interpretation, community education and outreach, cultural tourism and rehabilitation of historic resources.

            J.  "Hotel-motel tax revenues" means funds designated for cultural purposes as described in RCW 67.28.180 and deposited into the arts and cultural development fund and used for the purposes described in K.C.C. chapters 2.48 and 4.42.

            K.  "Resolution" means the form of action taken by the board of the cultural development authority. (Ord. 17527 § 61, 2013:  Ord. 14482 § 5, 2002).

 

            2.49.030  Cultural development authority created.  A public authority is hereby created, with powers and limitations set forth in its charter and this chapter, exclusively to support, advocate for and preserve the cultural resources of the region in a manner that fosters excellence, vitality and diversity.  The authority shall further the goals and objectives of the King County Comprehensive Plan, establish cultural resource policies and operate in a manner that ensures King County citizens and visitors have access to high-quality cultural programs and experiences. (Ord. 14482 § 3, 2002).

 

            2.49.040  Name.  The name of the public authority shall be the cultural development authority of King County.  (Ord. 14482 § 4, 2002).

 

            2.49.050  Powers of authority.  Except as limited by the state constitution and state law, the King County Charter, this chapter or the charter of the cultural development authority, the cultural development authority may exercise all lawful powers necessary or convenient to effect the purposes for which the cultural development authority is organized and to perform authorized corporate functions, as provided in its charter and bylaws.  (Ord. 14482 § 6, 2002).

 

            2.49.060  Charter - approval.  The charter of the cultural development authority, as set forth in Attachment A to Ordinance 18513*, is hereby approved.  The clerk of the council shall, within ten days of May 12, 2017, issue the charter in duplicate originals, each bearing the county seal attested by the clerk of the council.  The clerk of the council shall file and record one original charter with the records and licensing services division and provide one original charter to the county executive on behalf of the cultural development authority.  The county may amend the charter by ordinance after providing notice to and an opportunity for the directors to be heard and present testimony.  (Ord. 18513 § 10, 2017:  Ord. 15971 § 38, 2007:  Ord. 14482 § 7, 2002).

 

*Available in the King County Archives.

 

            2.49.070  Charter - effect of issuance.  The cultural development authority shall commence its existence effective upon issuance of its charter.  Except as against the state or the county in a proceeding to cancel or revoke the charter, delivery of a duplicate original charter shall conclusively establish that the authority has been established in compliance with the procedures of this chapter.  (Ord. 14482 § 8, 2002).

 

            2.49.080  Board of directors - established - appointments - duties.  A board consisting of fifteen directors and five ex officio members, as provided in the charter, is hereby established to govern the affairs of the cultural development authority.  The directors shall be appointed by the county executive and serve their terms as provided in the charter.  Appointments shall be subject to confirmation by the county council.  All corporate powers of the authority shall be exercised by or under the authority of the board of directors.  The business, property and affairs of the authority shall be managed under the direction of the board, except as may be otherwise provided for by law or in the charter.  (Ord. 14482 § 9, 2002).

 

            2.49.090  Board of directors - organization.  Within ten days after issuance of the charter by the clerk of the council, the county executive or his or her designee shall call an organizational meeting of the initial board of directors.  The meeting shall be held within ten days of the calling of the meeting.  The county executive or his or her designee shall give at least three days' advance written notice of the meeting to each director, though each director may waive his or her notice in writing.  The county executive or his or her designee shall present the original charter provided to the executive under K.C.C. 2.49.060 to the board of directors at the meeting.  At the meeting, the board shall organize itself, elect officers and select the place of business.  (Ord. 14482 § 10, 2002).

 

            2.49.100  Board of directors - removal of directors.  If, after a full public hearing, the council for any reason determines that any or all of the directors should be removed from office, the council may by ordinance remove the director or directors.  The term of any director removed under this section expires when the removal ordinance takes effect.  Vacancies created under this section shall be filled in the manner provided in the charter.  (Ord. 14482 § 15, 2002).

 

            2.49.110  Bylaws.  The initial bylaws of the authority, as set forth in Attachment B to Ordinance 14482*, are hereby approved.  The board may alter, amend or repeal the bylaws or adopt new bylaws, except as otherwise provided in this chapter.  The bylaws shall be consistent with the charter.  (Ord. 14482 § 11, 2002).

 

*Available in the King County Archives.

 

            2.49.120  Quorum.  At all meetings of the board of directors, a majority of the directors who are appointed and confirmed shall constitute a quorum.  (Ord. 14482 § 12, 2002).

 

            2.49.130  County liability limited.  To the maximum extent permitted by law, the cultural development authority is an independent legal entity exclusively responsible for its own debts, obligations and liabilities.  All liabilities incurred by the authority shall be satisfied exclusively from the assets and credit of the authority.  No creditor or other person shall have any recourse to the assets, credit or services of the county on account of any debts, obligations, liabilities, acts or omissions of the cultural development authority.  (Ord. 14482 § 13, 2002).

 

            2.49.140  Insolvency and dissolution.  After notice to the board and a public hearing, the county may determine by ordinance that the cultural development authority is insolvent or may by ordinance dissolve the authority.  If the county determines the authority is insolvent or dissolves the authority, the county shall notify the superior court of King County, which shall proceed under RCW 35.21.750.  (Ord. 14482 § 14, 2002).

 

            2.49.150  County executive - authorizations.

            A.  The county executive is granted all power and authority reasonably necessary to perform the duties imposed on the county departments and agencies under this chapter, in K.C.C. chapters 2.46, 2.48, 4.08*, 4.40 and 4.42 and in the charter of the authority.

            B.  The county executive shall, to the extent permitted by law, assign the county's rights, interests, duties and obligations in contracts, agreements, grants and other written commitments entered into on or before December 31, 2002, for cultural resources programs and projects to the cultural development authority.  However, the county shall retain all rights, interests, duties and obligations related to ownership of works of art for the county’s public art collection.

            C.  The county executive shall ensure that moneys in the funds designated by ordinance to be available to the cultural development authority are effectively, efficiently and promptly transferred to the authority.  (Ord. 14482 § 16, 2002).

 

*Reviser's note:  K.C.C. chapter 4.08 was recodified as K.C.C. chapter 4A.200 by Ordinance 17527.

 

            2.49.160  Reporting requirements.

            A.  By April 15 of each year, the authority shall submit an annual report to the county executive and the county council containing:

              1.  A statement of assets and liabilities, income and expenditures and changes in its financial position during the previous year;

              2.  A summary of significant accomplishments;

              3.  A list of depositories used;

              4.  A projected operating budget for the current fiscal year;

              5.  A summary of cultural programs, public art projects and all other projects and activities to be undertaken during the current year; and

              6.  Other information as may be required in the charter of the authority.

            B.1.  The authority shall meet with the county council’s committee of the whole two times per year, once in the first half of the calendar year to discuss the authority's annual report and once in the second half of the calendar year to discuss the authority's plans and proposed expenditures for the following year.

              2.  The authority shall meet:

                a.  at least one time per year with the county executive; and

                b.  at least one time per year with directors and administrators of county departments and agencies that interface with the authority.

            C.  The authority shall respond to requests for additional information from the executive or from the council.  The council shall make its request by motion.  (Ord. 14482 § 17, 2002).

 

*Available in the King County Archives.

 

            2.49.170  Transfer of funds.

            A.  On January 1, 2003, King County shall transfer to the authority balances in the following funds, reserving only sufficient funds to meet current county obligations:

              1.  All hotel-motel tax revenues designated by the state of Washington and appropriated by the county council for cultural purposes in King County, including, but not limited to, all encumbered and unencumbered hotel-motel tax revenues in the arts and cultural development fund;

              2.  All current expense fund revenues designated or appropriated for cultural purposes, including, but not limited to:

                a.  fees for all government-to-government agreements for public art; and

                b.  the fund balance in the arts and cultural education fund (116);

              3.  All state and federal funds for cultural purposes, other than those listed in subsection A.1 of this section; and

              4.  All other funds and fees designated or appropriated for cultural purposes, except for funds that contain bond revenues and excess interest earnings as of December 31, 2002.

            B.  In addition to the transfer of fund balances on January 1, 2003, described in subsection A of this section, King County shall transfer future fund balances as follows:

              1.  Hotel-motel tax revenues designated by the state of Washington for cultural purposes in King County shall be transferred to the authority within ten business days of receipt by King County from the state of Washington and appropriated by the county council.  By December 1, 2002, the King County office of budget and the office of cultural resources shall develop a schedule of the transfers.  Twice each year while cultural bonds remain outstanding, the authority shall transfer back to King County sufficient hotel-motel tax revenues to allow the county to make required payments on the bonds;

              2.  Current expense amounts appropriated to the arts and cultural development fund, which shall be transferred to the authority not later than January 10 of the year for which those amounts have been appropriated;

              3.  Public art revenues, which shall be transferred to the authority not later than February 1 of the year for which those revenues have been appropriated;

              4.  Except for funds listed in subsection B.1 of this section, state and federal funds for cultural purposes, which shall be transferred to the authority within ten business days of receipt by King County of the funds from the federal or state governments; and

              5.  All other funds and fees appropriated to the arts and cultural development fund and for cultural purposes, which funds and fees shall be transferred to the authority within ten business days of receipt by King County.

            C.  King County shall not transfer funds and fees designated or appropriated to the King County landmarks commission for land use regulation and archaeological management purposes.  (Ord. 17527 § 54, 2013:  Ord. 14482 § 18, 2002).

 

            2.49.180  Transfer and use of county property, systems and leased office space.

            A.  On January 1, 2003, the county shall transfer without charge county personal property used by the office of cultural resources on December 31, 2002, to the cultural development authority.  The property shall include, but not be limited to, computers and software, electronic equipment, telephones and office furnishings, equipment, materials and supplies.  The office of cultural resources and the office of budget shall complete a property transfer inventory on or before December 1, 2002, and the inventory shall be used to effect the transfer.

            B.  The county shall allow access by the cultural development authority to the county's information and telecommunications systems, including, but not limited to, telephone service, voice mail, electronic mail and the county-wide area network, including all databases required by the cultural development authority to effectively carry out its work.  The cultural development authority shall make payment for telephone system services upon billing by the county.  By December 1, 2002, the King County office of budget and office of cultural resources shall develop a schedule for the payments.  King County shall allow the cultural development authority access to the wide area network at no charge.

            C.  The county shall allow the cultural development authority to use the office space in the Smith Tower used by the office of cultural resources on December 31, 2002, for the remaining period under the county’s lease for the space.  The county shall determine through its annual budget process whether to pay the lease cost with current expense fund or other revenues.  At the end of the lease period, the authority shall relocate to office space it acquires at its own expense or commence to pay for office space that, if available, may be provided by the county to the authority.  (Ord. 14482 § 19, 2002).

 

            2.49.200  Hotel-motel revenue allocations for cultural programs.

            A.  Hotel-motel revenues deposited in The King County arts and cultural development fund, created under K.C.C. 4.08.190*, shall be administered by the cultural development authority.

            B.  Hotel-motel revenues deposited in the King County arts and cultural development fund shall be used to support the cultural programs described in K.C.C. chapter 2.48:  cultural facilities; cultural education; special projects; and sustained support.  The hotel-motel revenues in the fund shall also support related administration of those programs by the cultural development authority.

            C.  Through December 31, 2012, at least forty percent of the hotel-motel revenues appropriated to the arts and cultural development fund and transferred to the cultural development authority shall be deposited in an account and used to establish cultural endowment.  Principle and interest shall be managed by the cultural development authority in accordance with RCW 67.28.180(3)(a).

            D.  After allocating the hotel-motel portion of the arts and cultural development fund to administer cultural programs, the cultural development authority shall divide the hotel-motel revenues in the arts and cultural development fund between arts programs and heritage programs, but at least twenty percent of the revenue shall be allocated to heritage programs.

            E.  Beginning January 1, 2002, using revenues generated in 2001, outstanding debt service obligations shall be financed from hotel-motel revenues in the arts and cultural development fund.  The obligations incurred before December 31, 2002, shall be managed by the department of executive services and paid by the cultural development authority.

            F.  After deducting the amount necessary to meet debt service obligations, the cultural development authority shall allocate hotel-motel revenues intended to support arts programs from the arts and cultural development fund as follows:

              1.  For cultural facilities and sustained support, eighty percent of remaining arts program revenues, but sustained support shall receive at least thirty percent of the eighty percent; and

              2.  For special projects and cultural education, twenty percent of remaining arts program revenues, but special projects shall receive at least thirty-four percent of the twenty percent.

            G.  After deducting the amount necessary to meet debt service allocations, the cultural development authority shall allocate hotel-motel revenues intended to support heritage programs from the arts and cultural development fund as follows:

              1.  For cultural facilities and sustained support, seventy percent of remaining heritage program revenues, but sustained support shall receive at least twenty percent of the seventy percent;

              2.  For special projects, thirty percent of remaining heritage program revenues, and

            H.  Hotel-motel revenues from the arts and cultural development fund shall not be used to support services and programs to be provided by the King County landmarks commission for land use regulation and archaeological resource management purposes as described in K.C.C. chapter 20.62.  (Ord. 17461 § 3, 2012:  Ord. 14917 § 1, 2004:  Ord. 14482 § 43, 2002:  Ord. 14440 § 3, 2002.  Formerly K.C.C. 4.42.025).

 

*Reviser's note:  K.C.C.4.08.190 was recodified as K.C.C. 4A.200.140 by Ordinance 17527.

 

2.51    KING COUNTY FRAMEWORK POLICIES FOR HUMAN SERVICES

 

Sections:

            2.51.010      Framework policies - implementation

 

            2.51.010  Framework policies - implementation.

            A.  The framework policies for human services, dated April 2, 2007, and contained in Attachment A to Ordinance 15887* are adopted to establish priorities and guide the future development of county human service programs.  These priorities link directly to key policy and practice areas in human services, such as criminal justice system alternatives, ending homelessness, the service improvement plan for the veterans and human services levy and other regional plans and initiatives.

            B.  The department of community and human services shall have lead responsibility for implementing the framework policies for human services.  The department shall work in cooperation with other county departments and offices also providing services to the priority populations, including, but not limited to, public health, adult and juvenile detention, natural resources and parks, superior court and transportation.  The department shall continue to provide opportunities throughout planning processes for participation by other regional funding organizations that also provide services to the county's priority populations, in order to better plan for and coordinate human services across the region.  (Ord. 15887 § 2, 2007:  Ord. 14498 § 5, 2002:  Ord. 13629 § 1, 1999).

 

*Available in the King County Archives.

 

2.52    KING COUNTY OFFICE OF CITIZEN COMPLAINTS/TAX ADVISOR

 

Sections:

            2.52.010      Definitions.

            2.52.020      Establishment of office.

            2.52.030      Appointment of director.

            2.52.040      Qualifications.

            2.52.050      Term of office.

            2.52.080      Organization of office.

            2.52.090      Powers.

            2.52.100      Matters appropriate for investigation.

            2.52.110      Action on complaints.

            2.52.120      Right to present witnesses - Consultation with agency.

            2.52.130      Recommendations.

            2.52.140      Publication of recommendations.

            2.52.150      Written reports.

            2.52.160      Disciplinary action against public personnel.

            2.52.170      Rights and duties of witnesses - Enforcement of subpoenas.

 

            2.52.010  Definitions.  As used in this chapter, the term:

            A.  "Administrative agency" means any department, office or other governmental unit, or any employee of King County acting or purporting to act by reason of a connection with the county; but "administrative agency" does not include:

              1.  Any court or judge or appurtenant judicial staff,

              2.  the members or staffs of the county council,

              3.  the King County executive or his respective personal staff,

              4.  the county prosecuting attorney or his staff.  For purposes of this chapter "administrative agency" shall specifically include the Board of Equalization/Appeals.

            B.  "Administrative act" includes every action (such as decisions, omissions, recommendations, practices, or procedures) of an administrative agency.  (Ord. 11107 § 2, 1993:  Ord. 5869 § 1, 1982:  Ord. 473 § 1, 1970).

 

            2.52.020  Establishment of office.  The King County office of citizen complaints/tax advisor is established.  (Ord. 11107 § 3, 1993:  Ord. 5869 § 2, 1982:  Ord. 473 § 2, 1970).

 

            2.52.030  Appointment of director.  The director of the office of citizen complaints/tax advisor shall be appointed by a majority of the members of the county council.  (Ord. 11107 § 4, 1993:  Ord. 5869 § 4, 1982).

 

            2.52.040  Qualifications.  The director shall be a registered voter of the United States, shall hold a degree from an accredited college or its equivalent in service to government, shall have a working knowledge of legal and administrative procedures, and shall have experience, and/or knowledge in local government commensurate to the powers of the office.  During the term of which he is appointed, he shall be ineligible to hold any other public office of employment.  He shall not be a candidate for any public office for a period of two years following the completion of his term as director of the King County office of citizen complaints/tax advisor.  The director shall not be included in the classified civil or career service of the county.  (Ord. 11107 § 5, 1993:  Ord. 5869 § 5, 1982:  Ord. 473 § 4, 1970).

 

            2.52.050  Term of office.  The director shall serve for a term of five years, unless removed by a vote of two-thirds of the members of the county council upon their determination that he has become incapacitated or has been guilty of neglect of duty, misconduct or political activity.  The council may appoint an interim director pending the appointment of a new director whenever the term of the director has expired or the office otherwise becomes vacant. (Ord. 10340 § 1, 1992:  Ord. 5869 § 6, 1982:  Ord. 473 § 5, 1970).

 

            2.52.080  Organization of office.

            A.  The director shall serve as property tax advisor for King County in accordance with RCW 84.48.140.

            B.  The director may with concurrence of the council select, appoint and compensate, within the amount available or budgeted by appropriation, such other assistants and employees as the director deems necessary to discharge his or her responsibilities under this chapter.  The assistants and employees shall not be included in the classified civil or career service of the county.

            C.  The director may delegate to other members of his or her staff any of his or her authority or duties under this chapter except this power of delegation and the duty formally to make recommendations to administrative agencies or reports to either or both the executive and the council.  (Ord. 15393 § 1, 2006:  Ord. 11107 § 6, 1993:  Ord. 5869 § 9, 1982:  Ord. 473 § 8, 1970).

 

            2.52.090  Powers.  The director shall have the following powers:

            A.  To investigate, on complaint or on his own, any administrative act of any administrative agency;

            B.  To prescribe the methods by which complaints are made, received and acted upon; he may determine the scope and manner of investigations to be made; and, subject to the requirements of this chapter, to determine the form, frequency and distribution of his conclusions and recommendations;

            C.  To request and he shall be given by each administrative agency the assistance and information he deems necessary for the discharge of his responsibilities; he may examine the records and documents of all administrative agencies; and he may enter and inspect premises within administrative agencies' control;

            D.  To administer oaths and hold hearings in connection with any matter under inquiry;

            E.  To issue a subpoena to compel any person to appear, give sworn testimony or produce documentary or other evidence reasonable in scope and generally relevant to a matter under inquiry; however, the subpoena power shall be limited to matters under written complaints by a citizen of the city or county;

            F.  To undertake, participate in, or cooperate with general studies or inquiries, whether or not related to any particular administrative agency or any particular administrative act, if he believes that they may enhance knowledge about or lead to improvements in the functioning of administrative agencies.

            G.  To investigate and enforce the provisions of the Code of Ethics, K.C.C. Ch. 3.04, pursuant to the terms thereof.

            H.  To provide advice to any person liable for payment of property taxes in King County, including the process for appealing property tax assessments and other matters related to property taxes.  (Ord. 11107 § 7, 1993:  Ord. 9704 § 11, 1990:  Ord. 473 § 9, 1970).

 

            2.52.100  Matters appropriate for investigation.

            A.  In selecting matters for his attention, the director shall address himself particularly to an administrative act that might be:

              1.  Contrary to law or regulation;

              2.  Unreasonable, unfair, oppressive, or inconsistent with the general course of an administrative agency's functioning;

              3.  Arbitrary in ascertainment of facts;

              4.  Improper in motivation or based on irrelevant considerations;

              5.  Unclear or inadequately explained when reasons should have been revealed;

              6.  Inefficiently performed; or

              7.  Otherwise objectionable.

            B.  The director also may recommend strengthening procedures and practices of administrative agencies.  (Ord. 473 § 10, 1970).

 

            2.52.110  Action on complaints.

            A.  The director shall receive complaints from any source concerning any administrative act.  He shall conduct a suitable investigation into the subject matter of the complaint within a reasonable time, unless he believes that:

              1.  The complainant has available to him another remedy or channel of complaint which he could reasonably be expected to use;

              2.  The grievance pertains to a matter outside the power of the office of citizen complaints/tax advisor;

              3.  The complainant's interest is insufficiently related to the subject matter;

              4.  The complaint is trivial, frivolous, vexatious or not made in good faith;

              5.  The complaint has been too long delayed to justify present examination of its merit.

            B.  After completing his consideration of a complaint (whether or not it has been investigated) the director shall suitably inform the complainant and the administrative agency or agencies involved.

            C.  A letter to the director of the office of citizen complaints/tax advisor from a person in a place of detention or in a hospital or other institution under the control of an administrative agency shall be forwarded immediately, unopened, to the director.  (Ord. 11107 § 8, 1993:  Ord. 473 § 11, 1970).

 

            2.52.120  Right to present witnesses - Consultation with agency.

            A.  Any individual who is the subject of a complaint shall have the right to present witnesses and other evidence in his own behalf prior to disclosure of any conclusions or recommendations by the director.

            B.  Before publishing a conclusion or recommendation that criticizes an administrative agency or any person, the director shall consult with the agency or person and shall disclose fully the critical findings he intends to publish.  (Ord. 473 § 12, 1970).

 

            2.52.130  Recommendations.

            A.  If, having considered a complaint and whatever material he deems pertinent, the director is of the opinion that an administrative agency should:

              1.  Consider the matter further;

              2.  Modify or cancel an administrative act;

              3.  Alter a regulation or ruling;

              4.  Explain more fully the administrative act in question; or

              5.  Take any other step,

he shall state his recommendations to the administrative agency.  If the director so requests, the agency shall inform him, within the time he has specified, about the action taken on his recommendations or the reasons for not complying with them.

            B.  If the director believes that an administrative action has been dictated by laws whose results are unfair or otherwise objectionable, he shall bring to the attention of the council his views concerning desirable legislative change.  (Ord. 5869 § 10, 1982: Ord. 473 § 13, 1970).

 

            2.52.140  Publication of recommendations.  The director may publish his conclusions, recommendations and suggestions by transmitting them to the county executive, the county council or to any appropriate committee of the council, the press and others who may be concerned.  When publishing an opinion criticizing an administrative agency or person, the director, unless excused in writing by the agency or individual affected, shall include such statement or document that may have been made available to him by way of explaining past conduct or present rejection of the director's proposals.  The director shall not publish any interim or confidential reports.  (Ord. 5869 § 11, 1982: Ord. 473 § 14, 1970).

 

            2.52.150  Written reports.  In addition to whatever reports he may make from time to time, the director on the fifteenth day of January, May and September of each year shall report to the county council concerning the exercise of his functions during the preceding calendar period.  In discussing matters with which he has dealt, the director need not identify those immediately concerned if to do so would cause unnecessary hardship.  Insofar as the report may criticize named agencies or persons, it must also include their replies to the criticism.  (Ord. 5869 § 12, 1982: Ord. 473 § 15, 1970).

 

            2.52.160  Disciplinary action against public personnel.  If the director has reason to believe that any public official, employee or other person has acted in a manner warranting criminal or disciplinary proceedings, he shall refer the matter to the appropriate authorities.  (Ord. 473 § 16, 1970).

 

            2.52.170  Rights and duties of witnesses - Enforcement of subpoenas.

            A.  A person required by the director to provide information shall be paid the same fees and allowances, in the same manner and under the same conditions, as are extended to witnesses whose attendance has been required in the courts of this state, excepting that city or county employees who are receiving compensation for the time that they are witnesses shall not be paid the set fees and allowances.

            B.  A person who, with or without service of compulsory process, provides oral or documentary information requested by the director shall be accorded the same privileges and immunities as are extended to witnesses in the courts of this state.

            C.  Any witness in a proceeding before the office of citizen complaints/tax advisor shall have the right to be represented by counsel.

            D.  If a person fails to obey a subpoena, or obeys a subpoena but refuses to  testify  when  requested  concerning  any  matter  under  examination or investigation at the hearing, the director may petition the Superior Court of King County for enforcement of the subpoena.  The petition shall be accompanied by a copy of the subpoena and proof of service, and shall set forth in what specific manner the subpoena has not been complied with, and shall ask an order of the court to compel the witness to appear and testify before the office of citizen complaints/tax advisor.  The court upon such petition shall enter an order directing the witness to appear before the court at a time and place to be fixed in such order and then and there to show cause why he has not responded to the subpoena or has refused to testify.  A copy of the order shall be served upon the witness.  If it appears to the court that the subpoena was properly issued and that the particular questions which the witness refuses to answer are reasonable and relevant, the court shall enter an order that the witness appear at the time and place fixed in the order and testify or produce the required papers and on failing to obey the order the witness shall be dealt with as for a contempt of court.  (Ord. 11107 § 9, 1993:  Ord. 473 § 18, 1970).

 

2.53    CITIZENS' ELECTIONS OVERSIGHT COMMITTEE

 

Sections:

            2.53.011      Establishment - definition.

            2.53.021      Membership - appointment process, requirements and restrictions.

            2.53.031      Mission - duties.

            2.53.041      Responsibilities.

            2.53.051      Staffing - evaluation of elections operations.

            2.53.061      Reimbursement - parking.

 

            2.53.011  Establishment - definition  The King County citizens' elections oversight committee is hereby established.  For the purposes of this chapter, "the committee" means the King County citizens' elections oversight committee.  (Ord. 15453 § 2, 2006).

 

            2.53.021  Membership - appointment process, requirements and restrictions.

            A.  Committee membership shall include:

              1.  One representative from a nonpartisan organization active in King County that evaluates candidates and ballot measures, such as the Municipal League;

              2.  One representative from a nonpartisan organization active in King County that provides elections information to the public, such as the League of Women Voters;

              3.  One representative of an independent research and policy institute;

              4.  One representative from a junior taxing district;

              5.  One representative of the Chinese-speaking community;

              6.  One representative of the Vietnamese-speaking community;

              7.  One representative from each of any other language minority community for which the Director of the Bureau of the Census determines by publication in the Federal Register that King County is required to provide minority language assistance under Section 203 of the Voting Rights Act;

  8.  Two King County registered voters who are not representatives of any of the groups listed in subsection A.1. through 7. and 9. through 14. of this section;

              9.  One representative from the King County Democratic Party;

              10.  One representative from the King County Republican Party;

              11.  One representative from the Washington state Democratic Party;

              12.  One representative from the Washington state Republican Party;

              13.  One ex officio, nonvoting representative from the Office of the Secretary of State; and

              14.  One ex officio, nonvoting representative from the Washington State Association of County Auditors;

            B.  The process for filling vacancies on the committee is:

              1.  The chair of the council shall notify councilmembers of vacancies on the committee and shall direct council staff to develop a job description and list of qualifications for committee members, as well as an application form;

              2.  The open positions shall be advertised at a minimum in the county's newspaper of record;

              3.  The chair of the council shall direct council staff to develop administrative procedures for accepting applications.  All applications shall be forwarded to all county councilmembers.  Applications shall also be forwarded to the citizens' elections oversight committee for review and the committee may provide feedback to the employment and administration committee;

              4.  The employment and administration committee shall review applications, and may interview applicants.  By majority vote, the employment and administration committee shall appoint members to the citizen oversight committee; and

              5.  Appointments shall be confirmed or rejected by the full council by motion.

            C.  When the Director of the Bureau of the Census determines by publication in the Federal Register that King County is no longer required to provide minority language assistance under Section 203 of the Voting Rights Act to a language minority community, the term of the committee member representing that community expires and committee membership representing that community is no longer required.

            D.  All members should have:

              1.  A working knowledge of local or state government elections operations and management;

              2.  A strong commitment to an accountable, transparent, well-managed and efficient elections operation in King County; and

              3.  A willingness to commit the time necessary to attend committee meetings and activities.

            E.  Except for the member representing the Washington State Association of Auditors, a nominee or appointee to the committee shall not hold elective public office or be a candidate for election to public office, other than as a precinct committee officer.

            F.  Except for the ex officio members, members shall serve three-year terms.  However, the representatives representing the groups under subsection A.6, 10. and 11. of this section appointed in 2006 initially shall serve one-year terms and the representative representing the group under subsection A.1, 2, 8. and 9. of this section appointed in 2006 initially shall serve a two-year term.  Ex officio members serve at the pleasure of their office or association.  The member representing the Vietnamese-speaking community shall serve a three-year term that begins on the date of appointment to the committee and expires December 31, three years after the appointment.  Any other members that may be added as required by Ordinance 17273* and under Section 203 of the Voting Rights Act shall serve three-year terms that begin on the date of appointment to the committee and expire December 31, three years after the appointment.  (Ord. 17273 § 1, 2012:  Ord. 16203 § 1, 2008:  Ord. 15453 § 3, 2006).

 

*Available in the King County Archives.

 

            2.53.031  Mission - duties.  The mission of the committee is to help King County restore and maintain public confidence in elections.  The committee shall make recommendations to the council to:

            A.  Improve performance of the elections division; and

            B.  Help ensure that accountability and performance of the department of elections is provided in a transparent manner that is meaningful to the residents of King County.  (Ord. 18167 § 23, 2015:  Ord. 15971 § 39, 2007:  Ord. 15453 § 4, 2006).

 

            2.53.041  Responsibilities.

            A.  Before undertaking its other responsibilities identified in this chapter, the committee shall elect officers and adopt administrative procedures consistent with this chapter.

            B.  To accomplish its responsibilities as outlined in this chapter, the committee shall complete the following tasks:

              1.  Review recent reports on elections and recent legislation that affects elections standards, procedures, equipment and technologies;

              2.  Conduct oversight of the implementation of new standards or procedures for elections as mandated by federal, state or county legislation;

              3.  Monitor the primary and general elections and canvassing board meetings to observe if proper procedures are followed, to report on any problems that are observed or come to light, to recommend corrective actions on problems that may arise and to ensure that any problems that arise are discussed in an open and public manner.  The committee shall report to the council in a timely way on any significant problems that might occur or on any serious concerns the committee may have;

              4.  Meet at least quarterly; and

              5.  Submit a report to the council on its observations, findings and recommendations regarding the primary and general elections by February 1 of each year by filing eleven copies of the report with the clerk of the council for distribution to all councilmembers.  (Ord. 15453 § 5, 2006).

 

            2.53.051  Staffing - evaluation of elections operations.

            A.  The council shall provide for appropriate staffing of the committee.

            B.  County staff in the department of executive services and the department of elections shall provide information requested by the committee in a timely manner.

            C.  By March 31, 2009, the citizens' elections oversight committee shall evaluate the extent to which county elections operations have changed or improved over the previous four years and whether there is a need for an ongoing elections oversight committee.  This evaluation shall be submitted to the clerk of the council.  The council shall then make its own determination on the need for an ongoing elections oversight committee.  (Ord. 18167 § 24, 2015:  Ord. 15971 § 40, 2007:  Ord. 15453 § 6, 2006).

 

            2.53.061  Reimbursements - parking.  The county shall reimburse committee members for mileage at the standard county reimbursement rate for travel within the county to and from committee meetings.  The county shall provide parking free of charge in the county garage to committee members while attending meetings where committee business is conducted or the county shall pay for parking for committee business conducted at locations not near the county garage.  (Ord. 15453 § 7, 2006).

 

2.55    SECTION 504/ADA ADVISORY COMMITTEE

 

Sections:

            2.55.010      Section 504/ADA advisory committee

 

            2.55.010  Section 504/ADA advisory committee.

            A.  Creation.  There is hereby created a King County Section 504/Americans with Disabilities Act (hereinafter referred to as the ADA) Advisory Committee, hereinafter referred to as the 504/ADA committee.

            B.  Composition.  The 504/ADA committee shall be composed of not less than three individuals, subject to confirmation by the county council, including the chair.  The executive shall appoint the chair who will also serve on the civil rights commission to ensure coordination of efforts.

            C.  Purpose.  The 504/ADA committee shall serve in an advisory capacity to the executive in developing strategies, systems and guidelines in implementing the 504/ADA Compliance Workplan.  The functions of the 504/ADA committee shall include but not be limited to the following:

              1.  Review the 504/ADA compliance workplan and make recommendations towards improving its effectiveness;

              2.  Review and monitor the progress of the 504/ADA compliance workplan; and

              3.  Review and monitor the affirmative action progress made in the employment of persons with disabilities in the county’s workforce.

            D.  Staffing.  Appropriate staff to the 504/ADA committee shall be provided by the executive, including the Section 504/ADA compliance specialist in such department of information and administrative services.*

            E.  Designation of Americans with Disabilities Act coordinator.  The Section 504/ADA compliance specialist in the department of information and administrative services* is the designated county employee to coordinate the county’s effort to comply with and carry out its responsibilities under the ADA and its implementing regulations.  (Ord. 12058 § 9, 1995:  Formerly K.C.C. 3.10.080).

 

*Reviser's note:  The reference to the department of information and administrative services is apparently erroneous.  The department became part of the department of executive services in 2002 under Ordinance 14199, 2001.

 

2.56    EMERGENCY MANAGEMENT*

 

Sections:

            2.56.010      Declaration of policy and purpose.

            2.56.020      Definitions.

            2.56.030      Office of emergency management organization – establishment.

            2.56.040      Powers and duties.

            2.56.050      Use of existing resources.

            2.56.060      Continuity of government.

 

*Note:  For the statutory provisions regarding Washington Emergency Management Act, see chapter 38.52 RCW.

 

            2.56.010  Declaration of policy and purpose.  Because of the existing and increasing possibility of emergencies which exceed local resources, in order to ensure that the preparations of King County are adequate to deal with such emergencies, to ensure adequate support for search and rescue operations, to manage recovery from such emergencies, to generally protect the public peace, health and safety, and to preserve the lives and property of the people of the county, it is hereby found and declared to be necessary:

            A.  To establish a county organization for emergency management by the county executive;

            B.  To confer upon the executive the emergency powers necessary for carrying out emergency management functions;

            C.  To represent the emergency management functions of the county in all dealings with public or private agencies pertaining to emergency services and disasters;

            D.  To provide for rendering of mutual aid among the political subdivisions of the state within King County and to cooperate with state governments with respect to carrying out emergency management functions;

            E.  To provide programs, with intergovernmental cooperation, to educate and train the public to be prepared for emergencies;

            F.  To ensure that to the maximum extent possible all emergency management operations of the county are coordinated with the comparable functions of state and federal governments and with private agencies of every type to the end that the most effective preparation and use may be made of the area's manpower, resources and facilities for dealing with emergencies that may occur.

            G.  To ensure coordination and cooperation consistent with the provisions of RCW 38.52.070, as amended, between divisions, services, and staff of the emergency services functional units of this county, and resolving questions of authority and responsibility that may arise among them.  (Ord. 12163 § 6, 1996: 12075 § 14, 1995).

 

            2.56.020  Definitions.  Terms used herein shall be given their common and ordinary meaning except where otherwise declared or clearly apparent from the context.  Additionally, the following definitions shall apply:

        A.  "Emergency management" means the preparation for and the carrying out of all emergency functions to mitigate, prepare for, respond to and recover from emergencies and disasters, and to aid victims suffering from injury or damage  caused  by all  hazards, whether natural or human-made, and to provide support for search and rescue operations for persons or property in distress pursuant to the provisions of chapter 38.52 RCW.

            B.  "Emergency" or "disaster" means an event or set of circumstances such as fire, flood, explosion, storm, earthquake, epidemic, riot or insurrection, which demands the immediate preservation of order or of public health or the restoration to a condition of usefulness of any public property the usefulness of which has been destroyed, or where delay will result in financial loss to the county or for the relief of a stricken community overtaken by such occurrences or which reaches such a dimension or degree of destructiveness or warrants the executive to proclaim a state of emergency pursuant to K.C.C. 12.52.030 and/or the execution of emergency management operations plans.

            C.  "Search and rescue" means the acts of searching for, rescuing, or recovering by means of ground, marine or air activity, any person who becomes lost, injured or is killed while outdoors or as a result of a natural or human-made disaster, including instances involving searches for downed aircraft when ground personnel are used.

            D.  "Vacancy" means that the office of a county official is legally unoccupied due to the incumbent's death, resignation, incapacity, declaration of incompetency by a court of competent jurisdiction, or other reason as provided for in Article 680 of the county charter.  (Ord. 12163 § 7, 1996: Ord. 7790 § 3, 1986).

 

            2.56.030  Office of emergency management ‑ establishment.  There is established pursuant to state law the King County office of emergency management, the operation of which shall be the responsibility of the director of the department of executive services.  The mission of the office of emergency management shall be to provide for the effective direction, control and coordination of county government emergency services functional units, and to provide liaison with other governments and the private, nongovernmental sector, in compliance with a state-approved comprehensive emergency management plan and to serve as the coordinating entity for cities, county governmental departments, and other appropriate agencies during incidents and events of regional significance.  (Ord. 17075 § 1, 2011:  Ord. 12075 § 15, 1995).

 

            2.56.040  Powers and duties.

            A.  The executive shall have general supervision and control of the emergency management organization and shall be responsible for implementing the provisions of K.C.C. chapter 2.56 in the event of a disaster.

            B.  In performing the executive's duties pursuant to this chapter, and to effect its policy and purpose, the executive is further authorized and empowered to:

              1.  Make, amend and rescind the necessary orders, rules and regulations to implement the provisions of this chapter within the authority conferred upon him herein and in K.C.C. chapter 12.52, consistent with the provisions of state law and the plans of the state and federal government;

              2.  Cooperate with state governments, federal government, local governments and with other counties and with the provinces of the Dominion of Canada, and with private agencies in all matters pertaining to the emergency management operations of the county;

              3.  Foster cooperative planning at all levels to enable a uniform and rational approach to the coordination of multiagency and multijurisdictional actions for all regional mitigation, preparedness, response, and recovery efforts;

            4.  Prepare a comprehensive plan and program for the emergency management of the county pursuant to state law, and to submit the plan and program including but not limited to elements addressing mitigation activities, preparedness, responses to disasters and emergencies, and recovery operations to the state director of emergency management for the director's recommendations thereto and certification for consistency with the state comprehensive emergency management plan in order to ensure that local emergency operations are coordinated with the state plan and program;

              5.  In accordance with such plan and program for county emergency management, procure supplies and equipment, institute professional and public training programs and public information and educational programs, manage and coordinate disaster drills, and take all other preparatory steps including the full or partial mobilization of the emergency management organization in advance of an actual disaster to ensure the furnishing of emergency management personnel in time of need;

              6.  Act as the hazardous material incident coordinating agency for King County as referenced in federal Title III, the Emergency Planning and Community Right-to-Know Act of 1986, as amended;

              7.  Coordinate preparation of disaster proclamations and the appropriate documentation thereof for the purpose of obtaining state and federal relief and assistance;

              8.  Following implementation of the 800 MHz regional emergency communications system, manage and coordinate the county’s internal interdepartmental radio communications system and prioritize communications in emergencies which exceed local resources;

              9.  Following implementation of the 800 MHz regional emergency communications system, represent the county concerning the management of the county’s share of the system consistent with any interlocal agreements with other jurisdictions.

              10.   On behalf of the county, enter into mutual aid arrangements in collaboration with other public and private agencies for reciprocal emergency aid and assistance in the event of a disaster too great to be managed without assistance; and

              11.  Delegate any administrative authority vested in the executive pursuant to this chapter and provide for the subdelegation of any such authority.  (Ord. 12163 § 8, 1996:  Ord. 12075 § 16, 1995).

 

            2.56.050  Use of existing resources.

            A.  In implementing the provisions of this chapter, the county executive is directed to use the services, equipment, supplies, and facilities of existing departments, offices and agencies of the county to the maximum extent practicable.

            B.  The county executive, in the event of a disaster, after proclamation by the governor of the state of the existence of such a disaster, shall have the power to command the service and equipment of as many citizens as considered necessary in the light of the disaster proclaimed.

            Provided that:

            Citizens so commandeered shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by law for registered emergency workers.  (Ord. 7790 § 6, 1986).

 

            2.56.060  Continuity of government.  In the event of a disaster, it is essential to assure continued operation of county government, to preserve and protect records essential to the continued functioning of county government, and to provide for the appointment of temporary interim successors to the elected and appointed offices of the county.

            A.  Office of the Executive.  In the event that a vacancy exists or occurs in the office of the executive during or immediately following the occurrence of a disaster requiring the execution of the county's emergency management operations plan, the powers and duties of the office of the executive, subject to the provisions of the King County Charter, shall be exercised and discharged by a temporary interim successor designated pursuant to executive order.

            B.  Council business during an emergency will be conducted pursuant to K.C.C. 1.28*.

            C.  Other Elected Officials.  Elected officers of the county, other than the executive and county councilmembers, are authorized and directed to designate temporary interim successors to the office of such officer in the event a vacancy occurs during an emergency caused by a disaster.

            D.  Appointed Officers.  The executive shall, subject to rules and regulations that the executive may adopt, permit each appointed officer of the county to designate temporary interim successors in the event a vacancy occurs during an emergency caused by a disaster.

            E.  Termination of Succession.  Any county officer succeeding to an office on a temporary interim basis pursuant to this chapter shall exercise and discharge the duties and powers of that office as prescribed by the charter or by ordinance only until such time as a regularly appointed successor is designated by the customary means.

              1.  Successors to fill vacancies in elective offices shall be appointed by the council pursuant to Section 680 of the King County Charter and the state constitution until a permanent successor is duly elected and qualified.

              2.  Successors to fill vacancies in appointed offices shall be made by the executive, or other authorized officer, subject to the confirmation process where applicable.  (Ord. 12163 § 9, 1996:  Ord. 12075 § 17, 1995).

 

*Reviser's note:  K.C.C. chapter 1.28 was repealed by Ordinance 15707, Section 10, 2007.  The material was integrated into K.C.C. chapter 1.24 at that time.

 

2.58    EMERGENCY RADIO COMMUNICATION SYSTEM

 

Sections:

         2.58.010      Findings and declaration of purpose.

         2.58.020      Definitions.

         2.58.030      Eligible expenditures.

         2.58.040      Use of the central allocation and project revisions.

         2.58.050      Establishment of regional communications board.

         2.58.060      Distribution of levy proceeds.

         2.58.070      Limitation on imposition of levy and future support.

         2.58.080      Deposit of proceeds.

 

            2.58.010  Findings and declaration of purpose.  The council finds that:

            A.  Currently, many emergency radio communication systems within King County lack the capacity to manage normal daily operations and many others are unable to accommodate any growth in their existing operations.  None of the existing systems could manage the additional radio traffic which would occur in the event of a large or widespread disaster.  Communication links between jurisdictions are very limited, making coordination of a response to a major emergency difficult or impossible.  Existing communication systems are also physically vulnerable to earthquakes or other natural catastrophes.  Major dispatch centers currently have no backup facilities and if one of these dispatch centers is destroyed during a major disaster, emergency-911 response in the affected area would be drastically curtailed.

            B.  The emergency radio communication system (the "System") required by the county to meet its needs and the needs of the jurisdictions within King County and which is authorized to be acquired and installed by this chapter represents recent technological advances which will allow an integrated emergency communications system to be implemented on a county-wide basis.  This new radio communication technology will increase communication capacity within each jurisdiction and also allow different governmental agencies throughout King County to communicate directly with each other.  This technology should dramatically improve the ability of government agencies throughout King County to respond in a coordinated manner to a major disaster and would enhance the safety of front-line emergency response personnel.  The new technology will also provide a highly reliable communications network, better able to withstand damage resulting from an earthquake, as well as backup dispatch communication capacity to be shared by all emergency response agencies within King County.

            C.  The City of Seattle and several other governmental entities, have commenced acquisition of such systems.  These systems include a microwave transmission network, an 800 MHz trunked two-way radio system, and related equipment, materials and services.  The City of Seattle prepared its procurement and contracting documents in such a manner as to allow participation in the acquisition and installation of such systems by all other governments in King County that need such systems and that execute agreements with the City of Seattle that enable procurement from the City of Seattle's vendors on the same terms and conditions.

            D.  In addition to serving the needs of public safety and public disaster management and relief, access to the System may also be made available, as capacity allows, to other public entities and to private entities, provided that such private entities perform emergency response duties.

            E.  The System, which has been proposed for acquisition and installation, satisfies the above-described criteria and meets the needs of the county and the jurisdictions within King County.  The proposed System contemplates an 800 megahertz "trunked" radio communications system, with compatible mobile and portable radios, microwave transmission network, base stations, control stations, two network controllers, one of which will actively control the entire system and the other of which will actively control the entire system and the other of which will act as a fully redundant backup, and other related equipment.  The System also will have the capacity to interface with non-800 MHz radio systems of those jurisdictions which are not fully covered by the 800 MHz System. 

            The components of the proposed System and cost estimates for such components are described in more detail in Exhibit 1 to Ordinance 10464*.  (Ord. 10464 § 1, (part) 1992).

 

*Available in the King County Archives.

 

            2.58.020  Definitions.  As used in this chapter, the words hereinafter defined have the meaning set forth in this section.

            A.  Agreement means an interlocal Cooperation Agreement, entered into pursuant to RCW 39.34.

            B.  Board means the Regional Communications Board established pursuant to Section 2.58.050 of this chapter.

            C.  Central Allocation means a central fund including contingency, which is identified in Exhibit 1 to Ordinance 10464* and is to be administered by the county in accordance with this chapter.

            D.  County means the county of King.

            E.  Eastside Cities means the Eastside Public Safety Communications Agency, a public agency created pursuant to RCW 39.34, initially consisting of the cities of Bellevue, Redmond, Kirkland and Mercer Island.

            F.  Legislative Authority means the council and executive of King County.

            G.  Levy means the levy of regular property taxes in excess of the 106% limitation on levies, for the specific purposes and terms as provided herein and authorized by the qualified electors of King County pursuant to state law.

            H.  Levy proceeds means the principal amount of funds raised by the levy, any interest earnings thereon and the proceeds of any interim financing authorized following voter approval of the levy.

            I.  Port of Seattle means the Port of Seattle, a municipal corporation of the state of Washington.

            J.  Project means all authorized costs and activities relating to the development, acquisition and installation of an emergency radio communication System using levy proceeds as described in this chapter and as subsequently modified as set forth in this chapter.  Pursuant to the terms of this chapter, the term also includes non-800 MHz radio equipment and the capacity to interface with the non-800 MHz radio systems of jurisdictions which will not be included fully within the coverage of the 800 MHz System.  Pursuant to the terms of this chapter, the term also includes radio communications enhancements for public agencies with responsibility for public safety and disaster management and relief.

            K.  Subregion(s) or Subregional System Management Group(s) means the county, Seattle, the Port of Seattle, Eastside Cities and Valley Communication Center or their successors or replacements if any of the identified subregions fails to execute an agreement with the county in accordance with this chapter or perform in accordance with the terms and obligations of such agreements, thereby terminating such agreements.

            L.  Seattle means the City of Seattle.

            M.  System means an 800 megahertz "trunked" radio communications system with compatible mobile and portable radios, base stations, a microwave transmission network, network controllers and other related equipment.

            N.  Valley Communications means the Valley Communications Center, a public agency created pursuant to RCW 39.34, initially consisting of the cities of Kent, Tukwila, Auburn and Renton.  (Ord. 10464 § 2, 1992).

 

*Available in the King County Archives.

 

            2.58.030  Eligible expenditures.  If approved by the qualified electors of King County, all proceeds of the levy authorized herein shall be used to pay the costs of the project.  The primary purpose of the project is to design, acquire and install a fully integrated emergency radio communications network, together with the radio and control station units necessary to provide emergency radio communications access among and to police, fire, emergency medical services, public school districts and public hospitals within King County.

            The secondary purpose of the project is to provide, to the extent possible within the constraints of available funding and limited available frequencies, sufficient capacity within the System to serve other public agencies.

            The third purpose of the project is to provide for general radio communications enhancements for public agencies with responsibilities for public safety and for disaster management and relief, if funds are available after the primary and secondary purposes of the project have been either:  (a) fulfilled; or (b) fulfilled to the extent technically feasible within the constraints of the available 800 MHz frequencies.

            Eligible expenditures of levy proceeds shall include:  all costs associated with the purchase and installation of radios, other equipment and material, which are part of the project; project planning, engineering, design and management; project systems integration and implementation.  Eligible expenditures shall also include payment of any debt issuance and debt service to retire any debt incurred for the project, as well as the funding, refunding, financing or refinancing of debt or the refunding of expenditures already incurred by government agencies within King County to acquire components of the System prior to the availability of levy proceeds.  (Ord. 10464 § 4, 1992).

 

*Available in the King County Archives.

 

            2.58.040  Use of the Central Allocation and Project Revisions.  It is the intention of the county that the Central Allocation be used to pay the costs identified in Exhibit 1* and such other project costs as are determined by the process set forth herein.  The Central Allocation may be allocated or reallocated by county ordinance, but only after the county has asked for a recommendation from the Board, established as described in Section 2.58.050.  Levy proceeds allocated to the subregions may be reallocated by county ordinance, but only after the county has asked for a recommendation from the Board and only after a subregion has failed to meet its responsibilities for implementation of the project as specified in this chapter or in an agreement between the county and that subregion.  In no case shall the primary purpose of the project, as described in Section 2.58.010, be altered by such reallocation.

            If actual project costs are lower than currently estimated, and after the primary and secondary purposes of the project have been fulfilled, the subregions may reallocate such excess levy proceeds to provide public radio communication enhancements, which are compatible with the purposes of the project.  (Ord. 10464 § 6, 1992).

 

            2.58.050  Establishment of Regional Communications Board.  Upon approval by the electors of King County of the ballot proposition set in this chapter, a Regional Communications Board shall be appointed by the county legislative authority to advise the county regarding the distribution of levy proceeds, project revisions and other matters that affect more than one subregion.  Representation on this board shall consist of the following:  one member from the county subregion, one member from each other subregion that executes an agreement with the county and one member nominated by public emergency service agencies within King County, which do not have a voting representative on the governing body of any subregion, to represent the interests of such agencies and other public agencies which may use the System. Subregions shall nominate their own representatives.  (Ord. 10464 § 7, 1992).

 

            2.58.060  Distribution of Levy Proceeds.

            A.  Distribution of levy proceeds to subregions shall be in accordance with the subregional fund allocation identified in Ordinance 10464, section 5* and, except as to the county subregion, which is addressed below, pursuant to agreements executed between the county and the subregions, which agreements shall require said subregions, at a minimum, to:

              1.  complete implementation, maintain and operate the portions of the System applicable to each subregion in accordance with the design and minimum operation and maintenance standards approved by the Board, and the subregional fund allocation identified in Exhibit 1**.  At a minimum, such standards shall require that the System shall be implemented, operated and maintained in such a manner so that no police, fire or emergency medical agency using the system shall suffer a degradation of radio services or coverage as compared to the radio services and coverage which existed prior to the implementation of the System.

              2.  make available to each city and fire district listed as part of their respective subregions in Exhibit 2**, levy proceeds for the purchase of 800 MHz radios which are compatible with the System, in the amount of $3700 per radio multiplied times the number of radios listed in Exhibit 2**, plus as additional three (3) percent of that amount for the purchase of spare radio units.

              3.  provide access to the System for police, fire and emergency medical agencies listed as part of their respective subregions in Exhibit 2** and for other public users if sufficient System capacity permits, at rates that do not exceed the costs of maintaining, operating and collecting replacement reserves for that portion of the System which is utilized by such other public users.  Such rates shall not discriminate between public users which have voting representatives on the governing body of the subregion charging rates and all other public users.

              4.  make microwave capacity obtained as part of the project available to other subregions sufficient to integrate the System.  Such access shall be made available at rates that do not exceed a proportionate share of the costs of operating, maintaining and collecting replacement reserves for such microwave systems;

              5.  maintain accounts and records, as may be deemed necessary by the county to ensure proper accounting for all levy proceeds and project funds;

              6.  provide right of access to the county at all reasonable times to its facilities and records for inspection, review or audit;

              7.  provide the county and the board implementation schedules and progress reports;

              8.  place sufficient licensed and reserved but not licensed 800 MHz frequencies held by the subregion or a member jurisdiction into a pool for reallocation to public agencies as part of the Project to fully implement the primary purpose of the project and, to the extent that there exist sufficient frequencies for allocation, the secondary purpose of the Project as described in Section 2.58.030; and

              9.  provide for the joint ownership by all subregions of System network controllers.

            B.  Implementation, operation and maintenance of the project and the System within the county subregion shall be consistent with the provisions described in Section 2.58.010-.020, .030, .050-.070.

              1.  levy proceeds shall be made available by the county each city and fire district listed as part of its subregion in Exhibit 2**, with the exception of Fire Districts 10, 27, 38, 45, 49 and 50, for the purchase of 800 MHz radios, which are compatible with the System, in the amount of $3700 per radio, plus an additional three (3) percent of that amount for the purchase of spare radio units.

              2.  Because the geography of their territories renders service by the System more difficult, Levy Proceeds shall be made available by the county to Fire Districts 10, 27, 38, 45, 49 and 50, for the purchase of 800 MHz or non-800 MHz radios in the amount of $3700 per radio multiplied times the number of radios listed in Exhibit 2**, plus an additional three (3) percent of that amount for the purchase of spare radio units, if in their sole discretion, said Fire Districts elect not to use an 800 MHz System within their jurisdictions if; (a) following implementation of the 800 MHz System, said Fire Districts field test 800 MHz radios to evaluate their adequacy; and (b) said Fire Districts set aside a sufficient portion of the levy proceeds they receive from the county and use it to pay for integrating any non-800 MHz system with the regional 800 MHz System.  (Ord. 10464 § 8, 1992).

 

*Available in the King County Archives.

 

**Attached to Ordinance 10464, available in the King County Archives.

 

            2.58.070  Limitation on Imposition of Levy and Future Support.  It is essential to the implementation of the project that sufficient 800 MHz frequencies be made available to support a regional System.  The council recognizes that the availability of such frequencies may not be finally determined prior to the authorization of the levy by the electors of King County.  Imposition of the levy or any portion thereof and any county obligation to provide any financial support to the project shall be dependent upon a determination by the county legislative authority that sufficient 800 MHz frequencies have been made available to the project to accomplish the project's purposes.  The county shall not be obligated to provide funding for the Project or project enhancements beyond the proceeds of the levy authorized in this chapter and imposed by the county legislative authority.  (Ord. 10464 § 9, 1992).

 

            2.58.080  Deposit of Proceeds.  All funds collected pursuant to the Levy authorized herein shall be deposited into the King County emergency communications fund, which shall be a first tier fund and shall be invested for its own benefit as set forth in K.C.C. 4.10.  Such fund is hereby established, subject to approval by the electors of the ballot proposition contained herein.  The King County department of information and administrative services shall be the fund manager and exercise the powers specified in K.C.C. 4.08*.  (Ord. 12075 § 18, 1995).

 

*Reviser's note:  K.C.C. chapter 4.08 was recodified as K.C.C. chapter 4A.200 by Ordinance 17527.

 

2.59    PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS TELEVISION CHANNELS

 

Sections:

            2.59.010      Public access channel.

            2.59.050      Educational access channels.

            2.59.100      King County Civic Television (CTV) — government access channel — established — mission — principles.

            2.59.110      King County Civic Television (CTV) — CTV citizens advisory committee — CTV working group.

            2.59.120      King County Civic Television (CTV) — government access channel — operating policies.

            2.59.140      King County Civic Television (CTV) — government access channel — station manager of CTV.

 

            2.59.010  Public access channel.  The executive shall establish a public access channel for the citizens of King County, to be operated by county government or an entity outside of county government provided that;

            A.  The public access channel shall not begin operation until a new public access production facility for this channel is available,

            B.  The public access channel shall not begin operation until rules and criteria governing the programming on the public access channel are adopted by the King County executive and the council has been notified of those rules and criteria,

            C.  No obscene programming shall be allowed on the public access channel.  For the purposes of Ordinance 12022*, obscene shall mean an activity that, taken as a whole lacks serious literary, artistic, political, or scientific value, and

              1.  Taken as a whole by an average person applying contemporary community standards, appeals to a prurient interest in sex; or,

              2.  Taken as a whole by an average person applying contemporary community standards, depicts patently offensive representation of:

                a.  ultimate sexual acts, normal or perverted, actual or simulated; or

                b.  masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or

                c.  violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture.  (Ord. 12022 § 1, 1995).

 

*Available in the King County Archives.

 

            2.59.050  Educational access channels.  The executive shall establish two educational access channels and shall contract with appropriate educational program providers for operation of the channels.  (Ord. 12022 § 2, 1995)

 

            2.59.100  King County Civic Television (CTV) — government access channel — established mission — principles.

            A.  A government access channel is hereby established and shall be operated by the metropolitan King County council with assistance from the CTV citizens advisory committee and the CTV working group.            B.  The council establishes the following mission statement and policy principles by which the channel shall be operated:

            The King County government access cable television system belongs to the citizens of King County and exists to serve citizens directly.  In its development and operation, the government access cable system shall be guided by the following principles:

              1.  The system shall be used to increase citizen dialogue about the development of county policies;

              2.  The system shall be used to make government decision making more accessible to citizens;

              3.  The system shall be used to provide information of direct value to citizens;

              4.  The system shall be used to foster debate of ideas and diversity of viewpoints;

              5.  The system shall make use of creative solutions and a multiplicity of current and emerging technologies to comply with these principles;

              6.  The system shall be as independent as possible in its operation and funding to insulate it from influences that might stifle the public information goals reflected in this mission statement; and

              7.  The system's goal shall be to serve all branches of county government, all county departments and the people of King County.

            C.  Consistent with Motion 8972, programming on the government access channel shall also inform the public about the deliberations of the metropolitan King County council and the regional policy committees that advise the council as well as programming that highlights important county services including, but not limited to, public transit, vanpool and rideshare services, commuter trip reduction services, water quality, jury duty, court and legal services, public safety, public health, property taxes and tax assessments, voter registration, disability services, licensing, permits, citizen complaints, senior citizen programs, family programs, animal control, drug and alcohol treatment, mental health services and adult and youth detention. Programming relevant to county policies and issues produced by entities outside county government may also be aired.

            D.  In the exercise of his or her duties regarding how CTV can best serve the citizens of the county, the chair of the council shall work cooperatively with and give due consideration to the views of the executive. (Ord. 14824 § 1, 2003:  Ord. 12022 § 3, 1995).

 

            2.59.110  King County Civic Television (CTV) — CTV citizens advisory committee — CTV working group.

            A.1.  There is hereby created the CTV citizens advisory committee.  The CTV citizens advisory committee shall advise the council and the executive regarding overall programming strategy and content and how CTV can best serve the community.  The CTV citizens advisory committee shall consist of the following members:

                a.  a representative from a local television station or local network affiliate, or a person with significant experience in or knowledge of the broadcast media;

                b.  a representative from a local public relations firm or a professional working in the public relations field for a local corporation;

                c.  a representative:

                  (1)  from a company that publishes a significant amount of news or other content via the Internet;

                  (2)  with significant experience in dissemination of information via the Internet; or

                  (3)  with expertise in delivering information via streaming video or other emerging technologies; and

                d.  a representative from a local newspaper source or a person with significant experience in or knowledge of newspapers.

              2.  Members of the CTV citizens advisory committee shall be appointed by the executive and confirmed by the council, for terms not to exceed four years.  Members shall be compensated at fifty dollars per day for days on which advisory committee meetings are held.

            B.  There is hereby created the CTV working group.  The CTV working group shall advise CTV management and the council regarding CTV programming and operations and how CTV can best serve King County, including all branches of government and all county departments.  The CTV working group shall consist of seven members, as follows: the council's director of communications, or equivalent position; two other staff members from CTV staff or from council staff, designated by the chair of the council; the executive's director of communications, or equivalent position; two other executive branch employees to be  designated by the executive; and one representative from the judicial or law enforcement entities, including the superior and district courts, the prosecuting attorney's office and the department of public safety, to be designated by the executive.  The CTV working group should consult regularly with CTV management and representatives of county agencies and departments to help ensure that CTV is effectively serving the county government and the county's citizens.

            C.  Final authority over all CTV policy and operational matters, including hiring and other personnel matters, shall be governed by the council in accordance with K.C.C. 2.59.140.

            D.  On or before July 1, 2005, and annually thereafter, the CTV citizens advisory committee shall report to the council on the effectiveness of the CTV governance structure set forth in this section and K.C.C. 2.59.140.  The committee's report may include recommended changes to the governance structure, which shall be given due consideration by the council.  (Ord. 14824 § 2, 2003:  Ord. 12022 § 4, 1995).

 

            2.59.120  King County Civic Television (CTV) — government access channel — operating policies.  The following is hereby adopted as the operating policies of the government access channel.

            A.  The name of the King County government access television station is "King County Civic Television" or "CTV."

            B.  Programming on CTV shall be fair, accurate, balanced and without regard to partisanship or ideology.

            C.  CTV's primary purpose is to provide information about King County government, services, policies and programs that enhances public understanding and encourages citizen involvement in regional government and local issues.

            D.  CTV shall be operated in a manner to comply with all applicable federal, state and local regulations.

            E.  Citizen involvement is important to the success of CTV.  Therefore, under the direction of the CTV citizens advisory committee and the CTV working group, CTV management and staff shall conduct surveys and ascertainment studies for use in planning programming and services that accurately reflect the changing needs of the community.  When possible, the surveys and ascertainment studies should be done in cooperation with the cable franchisee to reduce costs.  Results of all surveys and ascertainment studies shall be transmitted to the executive, the chair of the council, the presiding judges of the superior and district courts and the prosecuting attorney and shall also be available for the public.

            F.1.  CTV shall cablecast programming provided by government agencies and other production entities, as well as programming produced internally by CTV staff.  Only programming that is consistent with overall CTV policy shall be cablecast or produced in cooperation with CTV.  The station manager of CTV is responsible for the scheduling of programs consistent with adopted policies.  Programming decisions shall be made in a manner that reflects the importance of all aspects of King County government, including the executive, the council, the courts and the separately elected county officials.

             2.  CTV programming shall be scheduled according to the following priorities:

                a.  announcements or programs concerning emergencies and other timely issues that affect the public safety and health of the community;

                b.  public proceedings and meetings involving King County elected officials;

                c.  programs and meetings that help explain county policies and programs;

                d.  programs that educate and inform the public or assist in improving the quality of life for King County citizens;

                e.  public meetings or programs of other governments including federal, state, regional and local governments, that affect residents of King County;

                f.  programs and informational series or one-time special or nonregular informational programs;

                g.  programs that highlight the cultural and historic resources of King County;

                h.  public service announcements; and

                i.  programs produced by other agencies or citizens about public policy issues that have an effect on the citizens of King County.

              3.  The following program restrictions apply to CTV:

                a.  Programs containing obscene or defamatory material shall not be cablecast on CTV.  CTV management and the CTV citizens advisory committee shall recognize that programs with artistic or social merit may contain content or language considered objectionable to some viewers.  Community standards of good taste shall be adhered to at all times;

                b.  Programs containing copyrighted materials shall not be cablecast on CTV without proper copyright authorization.  Producers of programs other than King County that are cablecast on CTV shall obtain all necessary copyright clearance and shall hold King County and CTV harmless in any case of copyright infringement;

                c.  Programs that have as their primary purpose to promote commercial or profit-making services, products, trade or business shall not be cablecast; and

                d.  Video and audio quality of all programs must meet acceptable cablecast standards.  The station manager shall determine which programs meet acceptable standards.

            G.1.  Meetings of government boards and events including government officials shall be cablecast on CTV in their entirety and unedited whenever possible.  Because of time constraints, it may be appropriate to recablecast portions of meetings dealing with particular subjects of public policy importance.  When that type of recablecast is done, the entire portion of a meeting dealing with a particular subject shall be shown without editing.  While the content of the meeting and any presentation given at the meeting should be the primary focus of the cablecast, standard production values such as wide shots, cutaways and displays of data may be used by the producer to help provide context for the viewer.  Use of such production values shall not distract from the content of the meeting and shall not lead to a distorted view of what occurred at the meeting.

              2.  All programs produced by the CTV staff, contracted by King County agencies for playback on the channel or submitted by an outside agency or person for playback, shall explain issues and policies in a fair and balanced manner and meet the following criteria:

                a.  The programs shall be consistent with CTV programming policies and procedures;

                b.  The programs shall contain factual and explanatory content that reflects a balanced presentation of points of view;

                c.  Professional production values and techniques may be used to aid in the explanation and understanding of complex issues, policies and programs but shall not distract from the factual message;

                d.  The programs shall contain useful, relevant information for the citizens of King County;

                e.  Programming submitted to CTV may be modified or edited as appropriate by CTV staff to meet scheduling standards, technical standards and policy standards;

                f.  Programs produced by citizens relating to topics of county government may be submitted to CTV for preview by programming staff.  The decision to schedule and air programs shall be made by the station manager.  CTV management may refuse to air programs that do not meet program standards in keeping with the intent of CTV's policies and procedures.

              3.  Because of the importance of presenting public information in a timely manner, events that are enhanced through live coverage shall be cablecast live whenever possible.  Other programming or events shall be delayed and cablecast on a tape-delayed basis as long as they do not lose their newsworthiness.  CTV programs shall carry a visual disclaimer of "live."  This information shall be displayed at appropriate times throughout the program.  Should incorrect information be carried over a live event, CTV is not liable for the inaccuracy of the information.

            H.  CTV shall not be used for the purpose of assisting a campaign for election of any person to any office or for the promotion or opposition to any ballot proposition.  For the purpose of providing fair, balanced information on candidates and issues, CTV shall provide direct, noneditorial information to the citizens of King County about elections, candidates and issues.  Election programming may include:  coverage of candidate forums and issues forums that comply with state law and meet the general fairness criteria of these policies; a video voter's guide based on county ordinances and state law; and character-generated election returns.

            I.1.  Videotapes produced by CTV of public meetings do not need to be retained.  Videotape programs produced for CTV may be requested by and distributed to other government access television channels.  A fee to cover the actual cost of reproduction may be charged.  With permission of station management, all or portions of videotapes of meetings may be made available to broadcast and cablecast stations for use on newscasts consistent with CTV's copyright policy.

              2.  Tapes distributed by CTV shall contain any language and symbols required by law to preserve the copyright.  The copyright shall apply to programs aired over CTV and a statement of copyright shall be cablecast regularly on CTV.

              3.  Video from CTV shall not be used for commercial purposes.

              J.1.  Since adequate resources are important for the operation of CTV, staffing shall be done utilizing permanent staff, contract and temporary employees and current county employees with backgrounds in video and broadcasting and shall be consistent with any CTV labor contract.

              2.  With regard to funding, the budget for CTV shall be submitted, with input from the CTV citizens advisory committee and the CTV working group, in a manner consistent with the normal county budget process.

              3.  The goal of CTV is to serve the people of King County and all branches and departments of King County government.  Accordingly, the CTV budget shall be incorporated each year into the county's current expense cost allocation plan.

            K.  In the exercise of the duties required under this section, the CTV station manager shall be subject to ongoing policy and managerial oversight by the council, exercised through the council's director of communications.

            L.  Logs of programs cablecast on CTV shall be kept and shall be made available to the public.

            M.  Complaints regarding CTV programming decisions shall be submitted to the station manager on a timely basis and shall be acted upon in a timely fashion.  Those persons with questions and concerns may contact the station manager.  If a complainant disagrees with the station manager's decision regarding the complainant's complaint, the complainant may appeal in writing to a subcommittee of the CTV citizens advisory committee, made up of three members to be designated by the CTV citizens advisory committee.  The decision of the subcommittee shall be decided by a simple majority and is the final appeal.  The subcommittee shall attempt to resolve the written appeal based on the appeal itself and any interviews the subcommittee deems necessary.  The subcommittee should rule on the appeal within thirty days of the appeal.

            O.  The CTV citizens advisory committee shall, at least every two years, review the policies in this section and shall recommend any changes the CTV citizens advisory committee feels are warranted to the council and executive.  (Ord. 14824 § 3, 2003:  Ord. 12543 § 1, 1996).

 

            2.59.140  King County Civic Television (CTV) — government access channel — station manager of CTV.

            A.  The position of station manager of CTV is hereby created.  The station manager shall be appointed by the council.  A recommendation committee consisting of at least two members of the CTV citizens advisory committee and two members of the CTV working group shall review and interview applicants for the position and recommend finalists to the council.  The CTV citizens advisory committee and the CTV working group shall each appoint its two members to the recommendation committee.  The recommendation committee shall also consult with and obtain recommendations from the executive.  The council shall select the manager from the finalists recommended by the recommendation committee or request that additional candidates be submitted by the committee.

            B.  The station manager may be removed at any time, with or without cause, by the council.  The council may appoint an interim manager, for a period not to exceed one year, pending the appointment of a new station manager whenever the position is vacant.  The council's employment committee may take disciplinary action regarding the station manager, consistent with council employment practices and policies.  The chair of the council shall provide reasonable notification to CTV citizens advisory committee of any such a disciplinary action.  The station manager shall be appointed solely with regard to his or her qualifications and experience to manage a government access television channel.  The station manager shall hold no other appointive or elective public office or position during the term of employment as station manager.  (Ord. 14824 § 4, 2003).

 

2.60    PUBLIC DEFENSE

 

Sections:

            2.60.010      Purpose.

            2.60.020      Department - duties - provision of services by contract authorized - approval.

            2.60.026      Public defender - duties - reports - appointment – confirmation - vacancies – qualifications - terms – removal - appeal - compensation.

            2.60.031      Public defense advisory board - duties - membership – process - notice - qualifications - meetings - reports.

            2.60.035      Conflict of interest avoidance - contracting for services generally.

            2.60.050      Availability of services.

            2.60.054      Receipt of services at no cost - eligibility.

            2.60.100      Reports or notices - requirements.

 

            2.60.010  Purpose.  It is declared a public purpose that each citizen is entitled to equal justice under law without regard to his ability to pay.  It is the intention of King County to make publicly financed legal services available to the indigent and the near indigent person in all matters when there may be some factual likelihood that he may be deprived of his liberty pursuant to the laws of the state of Washington or King County.  It is also the intention of King County to make such services available in an efficient manner which provides adequate representation at reasonable cost to the county.  (Ord. 8257 § 1, 1987).

 

            2.60.020  Department - duties - provision of services by contract authorized - approval.

            A.  The department of public defense is responsible for managing and being fiscally accountable for the provision of public defense services.

            B.  The duties of the department of public defense shall include:

              1.  Providing legal defense services in accordance with Section 350.20.60 of the King County Charter and this chapter;

              2.  Providing legal defense services in an efficient manner that ensures effective representation at reasonable cost to the county;

              3.  Screening and determining eligibility for legal defense services through the department.  In addition, the department shall secure reimbursement from eligible persons, including the parents of juveniles receiving legal defense service through the department, when the person can afford to pay some or all of the cost to King County of providing them such legal defense services;

              4.  Establishing and maintaining an assigned counsel panel that includes attorneys acceptable to the department who wish to participate in the defense of persons eligible for services through the department;

              5.  Assigning cases to assigned counsel where conflicts of interest or other special circumstances exist which require use of assigned counsel;

              6.  Preparing an annual budget for the department that evaluates and forecasts service delivery levels and department expenses for service delivery, contractors, assigned counsel and administration.  The evaluations and forecasts shall include an analysis of the impact, if any, of changes in the procedures or practices of the courts, prosecutor, police or other elements of the criminal justice system; and

              7.  Fostering and promoting system improvements, efficiencies, access to justice and equity in the criminal justice system.

            C.  The department may provide its services to the state of Washington, tribal governments and municipalities in King County on a full cost recovery basis and is authorized to negotiate appropriate contractual agreements, subject to council approval by ordinance when required by law.

            D.  The department may provide services related to the Raising Our Youth As Leaders (ROYAL) project and is authorized to enter into appropriate contractual agreements.  (Ord. 17678 § 2, 2013:  Ord. 17588 § 3, 2013:  Ord. 17189 § 4, 2011:  Ord. 14412 § 1, 2002:  Ord. 8257 § 2, 1987:  Ord. 383 § 2, 1970).

 

            2.60.026  Public defender - duties - reports - appointment - confirmation - vacancies - qualifications - terms - removal - appeal - compensation.

            A. The department of public defense shall be directed by the county public defender, whose duties include:

              1.  Managing the department of public defense;

              2..  Ensuring the department employs the needed technical and public defense expertise to ensure effective delivery of public defense services;

              3.  Representing the executive in all city, county, state and federal forums where the defense perspective is required;

  4.  Ensuring that the American Bar Association Ten Principles for a Public Defense Delivery System, as approved by the American Bar Association House of Delegates in February of 2002, guide the management of the department and development of department standards for legal defense representation, and filing with the clerk of the council by April 1 of each year a report on the results of the county public defender's efforts in that regard;

              5.  Following the Washington State Standards for Indigent Defense Services; and

              6.  Developing and maintaining appropriate standards and guidelines for the qualifications and experience level of public defense attorneys and paraprofessionals;

              7.  Working collaboratively with the public defense advisory board and providing relevant nonprivileged information to the board upon its reasonable request; and

              8.  Fostering and promoting system improvements, efficiencies, access to justice and equity in the criminal justice system.

            B.1.  The county public defender shall be appointed by the executive, subject to confirmation by the council.  The executive shall appoint one of the three candidates recommended by the public defense advisory board, except that the executive may request three additional candidates from the public defense advisory board, and the executive may then appoint the county public defender from among the six candidates, subject to confirmation by motion by the council.  Confirmation requires the affirmative votes of at least five members of the council.

              2.  Within seven days after either a vacancy occurs in the office of the county public defender or the county executive learns that a vacancy is expected to occur within one hundred eighty days, including but not limited to a vacancy that will result from the expiration of the term of a county public defender who the executive determines to not reappoint, the executive shall provide written notice of the vacancy or expected vacancy to each member of the public defense advisory board and to the clerk of the council and shall commence a national recruitment for candidates to fill the vacancy.  Within thirty days after commencing the recruitment, the executive shall provide to each member of the public defense advisory board the names, resumes and all other relevant information about all candidates who meet the qualifications for office set forth in the county charter and subsection C. of this section.  Within sixty days after receiving the names, resumes, and other relevant information about the qualified candidates from the executive, the public defense advisory board shall provide in writing at the same time to the executive and the clerk of the county council the names of three candidates to fill the vacancy, together with copies of the candidates' resumes and other relevant information, including all written information upon which the board relied in choosing the three candidates.  The board shall not rank the candidates, but may summarize the particular strengths of each candidate.

              3.  The executive may request in writing to the board chair, within fifteen days after receiving the list of three candidates, that the board provide to the executive the names, resumes and other relevant written information of three additional candidates, and the board shall comply with such a request within thirty days and shall at the same time provide a copy of the additional materials to the clerk of the council.

              4.  Within thirty days after receiving either the original list of three candidates or the list of three additional candidates, the executive shall appoint the county public defender by providing written notice of the appointment to the clerk of the council, who shall provide an electronic copy of the notice to each councilmember and to the chair of the public defense advisory board.  If the board fails to timely recommend in writing to the executive three or six candidates, as applicable, the executive may either appoint the county public defender from among the candidates who have been recommended or wait until the board has recommended the requisite number of candidates and make the appointment within thirty days thereafter.

              5.  The county council may confirm or reject the executive's appointment by adoption of a motion with the affirmative votes of at least five members. A motion to confirm or reject the appointment shall be referred for committee consideration to the council's committee of the whole.

              6.  If the council rejects the executive's appointment of the county public defender, the public defense advisory board shall, within thirty days, recommend and provide in writing at the same time to both the executive and the clerk of the council the name, resume and all other relevant written information for one additional candidate. 

              7.  If the council rejects the executive's appointment of the county public defender and the executive has not previously elected to request additional candidates from the advisory board under this subsection B.7. or subsection B.3. of this section, the executive may request the public defense advisory board for recommendation of four additional candidates.  Such a request must be made in writing within seven days after the council rejects the executive's appointment, to the chair of the advisory board, with a copy to the clerk of the council.  The advisory board shall, within thirty days after receiving the executive’s request, recommend and provide in writing at the same time to both the executive and the clerk of the council the name, resume and all other relevant written information for four additional candidates.

              8.  Within thirty days after receiving the additional name or names, the executive shall appoint the county public defender from among the recommended candidates, except that the executive may not reappoint any candidate whose appointment has been rejected by the council.  If the advisory board fails to recommend the additional candidate or candidates required by subsection B.6. and 7. of this section and provide the required written information, the executive shall proceed in the same manner as set forth in subsection B.4. of this section.

              9.  At any time after the commencement of the national recruitment process required by subsection B.2. of this section, except when the executive has appointed a county public defender and the council has not confirmed or rejected the appointment, the executive may request that the council authorize the commencement of a new national recruitment and public defense advisory board review and executive appointment process.  Such a request must be submitted in writing to the clerk of the council with a copy to the chair of the advisory board.  When so requested, the council may authorize commencement of a new recruitment, advisory board review, and appointment process by motion adopted with the affirmative votes of at least five councilmembers.

              10.  Within seven days after appointment, the county public defender shall designate an employee in the department of public defense to serve as a deputy and, in the event of a vacancy in that office, as interim county public defender until a new county public defender has been appointed.

            C.  The county public defender must be an attorney admitted to practice law in any jurisdiction within the United States and in active status and good standing.  The county public defender shall, within two years after appointment, be an attorney admitted to practice law in the courts of the state of Washington and an active member of the Washington State Bar Association in good standing and shall, at the time of appointment, have at least seven years of experience as an attorney primarily practicing criminal defense, including both felonies and misdemeanors, as well as supervisory and managerial experience.

            D.  The term of office of the county public defender shall end at the same time as the term of the county prosecuting attorney.  The county executive may reappoint the county public defender to additional four-year terms, subject to confirmation by the county council.  The county council may confirm or reject the executive's reappointment by adoption of a motion with the affirmative votes of at least five members.

            E.  The executive may remove the county public defender from office for cause, which includes, but is not limited to:

              1.  The grounds for vacancy of elective office under Section 680 of the King County Charter;

              2.  Failure to meet the applicable legal requirements for serving as county public defender, as set forth in the county charter or the county code;

              3.  Conviction of a crime;

              4.  A finding or stipulation of misconduct under the Washington Rules of Professional Conduct; and

              5.  Failure to manage the department effectively.

            F.  To remove the county public defender for cause, the executive shall serve a written notice of removal, specifying the cause for removal, by delivering a copy of the notice to the county public defender personally or by leaving a copy of the notice at the office of the county public defender with a secretary or other assistant to the county public defender.  The executive shall contemporaneously deliver a copy of the written notice of removal to the clerk of the council and to the chair of the public defense advisory board.

            G.  The county public defender may appeal removal to the council by delivering a written notice of appeal to the clerk of the council within ten days after service of the written notice of removal.  The notice of appeal shall be delivered at the same time to the executive and to the chair of the public defense advisory board.  The council shall review de novo the grounds for removal and either affirm or reverse the removal within thirty days after delivery of the notice of appeal by an affirmative vote of five members, or else the removal shall stand.  Removal of the county public defender is effective upon the earliest of:

              1.  Ten days after service of notice of removal, if the county public defender serves no notice of appeal;

              2.  Affirmation of removal by the council following an appeal;

              3.  Thirty days after delivery of the notice of appeal, if the council neither affirms nor reverses the removal; or

              4.  The county public defender's delivery of a written notice of resignation to the executive or the clerk of the council.

            H.  The county public defender shall receive compensation at the same rate as the prosecuting attorney.  (Ord. 17678 § 3, 2013:  Ord. 17588 § 4, 2013).

 

     2.60.031  Public defense advisory board - duties - membership - process - notice - qualifications - meetings - reports.

            A.  The public defense advisory board shall: regularly review the activities and plans of the department of public defense, make recommendations to the county public defender on matters concerning the department, advise the executive and council on matters of equity and social justice related to public defense, prepare the reports required in this section and such other reports as the board may deem appropriate; and when there is a vacancy in the office of county public defender, as provided in K.C.C. 2.60.026, recommend to the county executive candidates to fill the vacancy.

            B.  In performing its duties, the board shall work collaboratively with the county public defender and may reasonably request relevant, non-privileged information from the county public defender.  The board through its chair shall consult with the county prosecutor, courts, and department of public defense in the performance of all of its duties except for the recommendation of candidates.

            C.  The board shall consist of eleven members, shall establish its own rules of procedure, subject to the county charter, the county code and other applicable law, and shall choose its own chair.

            D.  The board shall consist of one representative from each of the following:

              1.  The Washington Association of Criminal Defense Lawyers;

              2.  The Washington state Office of Public Defense;

              3.  The Washington Defender Association;

              4.  The King County Bar Association;

              5.  A bar association identified as a minority bar association by the Washington State Bar Association;

              6.  A nonpartisan organization active in King County that focuses on mental health issues;

              7.  A nonpartisan organization active in King County that focuses on substance abuse issues;

              8.  A nonpartisan organization active in King County that focuses on issues concerning military veterans;

              9.  A nonpartisan organization active in King County that focuses on issues related to poverty;

              10.  A nonpartisan organization active in King County that focuses on juvenile justice issues; and

              11.  A nonpartisan organization active in King County that focuses on immigration issues.

            E.  Members of the board shall serve staggered three-year terms and until their successors are appointed and confirmed, except that the members designated in subsection D.1., 2., 3. and 4. of this section shall serve an initial term of one year and the members designated in subsection D.5., 6., 7. and 8. of this section shall serve an initial term of two years.  If a member leaves the board midterm, the person appointed as a replacement shall serve the remainder of the unexpired term, rather than beginning a new term of three years.  The county council may reappoint board members for additional three-year terms and may remove any board member by motion adopted with the affirmative votes of at least five councilmembers.  Members of the board shall not be compensated for the performance of their duties as members of the board, but may be reimbursed for parking expenses in the King County parking garage when attending meetings of the committee, which shall be deemed to be for the business convenience of the county and shall be paid for by the department of public defense.

            F.  The process for filling vacancies on the board is:

              1.a.  Upon learning of a pending or existing vacancy or one hundred twenty days before a scheduled vacancy on the board, the board chair and the county public defender shall provide written notice of the vacancy to the clerk of the council and to the executive.

              b.  Upon learning of a pending or existing vacancy or one hundred twenty days before a scheduled vacancy, the clerk of the council shall provide written notice of the vacancy to the executive, all councilmembers, the board chair, the county public defender and:

                  (1)  to the represented organization for vacancies in the board seats designated in subsection D.1., 2., 3. and 4. of this section;

                  (2) to each of the bar associations identified as a minority bar association by the Washington State Bar Association for a vacancy in the board seat designated in subsection D.5. of this section; and

                  (3) by publication of notice of the vacancy in the official county newspaper and in the largest newspaper of general circulation within the county for the board seats designated in subsection D.6., 7., 8., 9., 10. and 11. of this section.

              c.  The notice shall specify the deadlines established in subsection F.2. of this section;

              2.  Within sixty days after the clerk of the council provides the notice required in subsection F.1.b. of this section, the represented organization, any minority bar association organization and each nonpartisan organization with the required subject matter focus that wishes to do so shall submit in writing at the same time to the county executive and the clerk of the council, the names of three candidates recommended for appointment to fill a vacancy in the board seat for which notice was required to be given to the organization, together with the resume of each candidate and all other written materials that the organization considered in deciding to recommend the candidate.  The organization shall not rate the candidates, but may provide a brief description of the strengths of each candidate.  The clerk of the council shall provide an electronic copy of the resumes and other written materials to each councilmember;

              3.  Within thirty days after receiving the written materials concerning the recommended candidates for a board seat designated in subsection D.1., 2., 3. or 4. of this section, or within sixty to ninety days after the clerk of the council provides the notice required in subsection F.2. [of this section] for a board seat designated in subsection D.5, 6., 7., 8., 9., 10. or 11. of this section, the county executive shall appoint one of the recommended candidates by providing written notice of the appointment to the clerk of the council, who shall provide an electronic copy of the notice to each councilmember.  If the applicable organization fails to timely recommend three candidates, the executive may either make an appointment from among the recommended candidates or candidate or wait until the organization has recommended three candidates and make an appointment within thirty days after receiving the board’s recommendation of the third candidate;

              4.  The county council may confirm or reject the executive's appointment by motion adopted by the affirmative votes of at least five members.  A motion to confirm the appointment shall be referred for committee consideration to the council's law, justice, health and human services committee, or its successor; and

              5.  If the council rejects the executive's appointment of a board member, the clerk of the council shall provide written notice of the rejection to the executive and the represented organization or organizations.  Within thirty days after receiving the written notice, the represented organization shall provide to the executive in writing, and contemporaneously to the clerk of the council, the name, resume, and all other relevant written information for one additional candidate.  Within thirty days after receiving the additional candidate recommendation and the relevant written materials, the executive shall appoint the board member from among the recommended candidates, excluding any candidate whom the council has rejected.  If a represented organization fails to timely provide the additional candidate recommendation and relevant written materials, the executive shall proceed in the same manner as if the entity had recommended fewer than the required number of candidates, as provided in subsection F.3. of this section.

            G.  Each member of the advisory board shall have substantial experience and expertise that are relevant to the work of the department of public defense and shall have an ability and willingness to commit the time necessary to attend meetings and participate effectively as a member of the board.  A majority of the members should have substantial familiarity with advocating on behalf of the indigent.  To the extent practicable, the board membership shall reflect the diversity of the county.  A member may not, while serving on the board, hold elective public office except precinct committee officer, be a candidate for elective public office except precinct committee officer, serve as a King County judicial officer, a King County prosecuting attorney or a King County public defender or be an employee of a King County court, the King County prosecuting attorney or the King County department of public defense.

            H.  The board shall meet at least once every two months and shall issue at least two written reports to the executive and the council each calendar year:  one on the board's review of the executive’s proposed budget for public defense; and one on the state of county public defense.  The report on the state of county public defense shall include an assessment of the progress of the county in promoting equity and social justice related to the criminal justice system and may include recommendations for advancing equity and social justice.

            I.  The council shall provide for staffing of the advisory board.  (Ord. 17678 § 4, 2013).

 

            2.60.035  Conflict of interest avoidance - contracting for services generally.

            A.  The department shall manage cases and assign counsel in a manner that avoids conflicts of interest.  The department shall adopt a policy to determine when a conflict exists and to avoid conflicting representation.  If the department is unable to provide representation when a conflict exists, the department may contract for services of outside counsel or assign counsel from the assigned counsel panel.

            B.  The director may also contract for services of outside counsel if the director finds it appropriate to seek outside defense services and funding is available, taking into account the projected annual fiscal needs of the department.

            C.  If the department contracts for services of outside counsel, any entity that is able to provide the service may apply, including, but not limited to, private law firms, nonprofit entities, or a public corporation formed by the county whose chartered duties include the provision of public defense and related services.  (Ord. 17588 § 7, 2013).

 

            2.60.050  Availability of services.

            A.  Legal defense services through the department shall be made available to all eligible persons for whom counsel is constitutionally required.  In addition, legal defense services through department shall be made available when funds are available:  to any eligible person in legal proceedings arising in King County that may result in person's loss of liberty by an act of King County or any of its agencies, including, but not limited to, criminal proceedings alleging a violation of any law of the state of Washington or ordinance of King County, juvenile matters, mental illness and similar commitment proceedings, revocations and habeas corpus proceedings when they arise in King County; and to eligible parents and children in dependency proceedings arising in King County.

            B.  Legal defense services through the department may be made available to a person charged in King County with a felony of public notoriety, at his or her expense, when the court finds that the defendant is unable to employ adequate private counsel as a result of the public notoriety.  The county public defender shall establish a reasonable fee for the legal defense services, subject to the approval of the court.  (Ord. 17678 § 5, 2013:  Ord. 17588 § 4, 2013:  Ord. 8257 § 4, 1987:  Ord. 383 § 5, 1970).

 

            2.60.054  Receipt of services at no cost - eligibility.  To be eligible to receive legal defense services at no cost through the public defense program, the person must be financially unable to obtain adequate representation without substantial hardship to the person and the person's family and there must be some factual likelihood that the person will be deprived of his or her liberty.  If a person has some resources available that can be used to secure representation but not sufficient resources to pay the entire costs of private legal services without substantial hardship to the person and the person's family, the department of public defense shall determine how much the person shall pay for the legal defense services provided through the department of public defense.  (Ord. 17683 § 2, 2013:  Ord. 17588 § 11, 2013:  Ord. 13328 § 2, 1998:  Ord. 10167 § 1, 1991).

 

            2.60.100  Reports or notices - requirements.

            Except as otherwise provided under this chapter, reports or notices that are required under this chapter to be provided to the county council or the clerk of the council shall be filed in paper and electronic form with the clerk of the council, who shall forward electronic copies to all councilmembers, to the chair of the public defense advisory board, to the lead staff of the budget and fiscal management committee or its successor and to the lead staff of the law, justice, health and human services committee or its successor.  (Ord. 17678 § 6, 2013).

 

2.62    INTERROGATION OF JUVENILES IN CUSTODY

 

Sections:

            2.62.010      Definitions.

            2.62.020      Custodial interrogation and waiver of Miranda rights – legal consultation required – release for law enforcement interrogation prohibited unless required by court order.

 

            2.26.010  Definitions.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

            A.  "Custodial interrogation" means any form of questioning by law enforcement of a juvenile in the custody of the department of adult and juvenile detention.

            B.  "Juvenile" means a person under eighteen years old.

            C.  "Law enforcement" means a representative of a local, state or federal law enforcement agency.  Department of adult and juvenile detention staff are not "law enforcement" for the purposes of this chapter.  (Ord. 18503 § 2, 2017).

 

            2.26.020  Custodial interrogation and waiver of Miranda rights – legal consultation required – release for law enforcement interrogation prohibited unless required by court order.

            A.  The department of adult and juvenile detention is prohibited from allowing custodial interrogation and the waiver of any Miranda rights until after a juvenile consults with an attorney.  Before a custodial interrogation, and before the waiver of any Miranda rights, a juvenile must consult with legal counsel in person, by telephone or by video conference.  The consultation may not be waived.

            B.  Unless required by court order, the department of adult and juvenile detention

must not release a juvenile in its custody to law enforcement for the purpose of interrogation.  (Ord. 18503 § 3, 2017).

 

2.68    DISTRICT COURT DISTRICT PLAN

(Formerly JUSTICE COURT DISTRICT PLAN)

 

Sections:

            2.68.005      Purpose and intent.

            2.68.010      Authority of the presiding judge.

            2.68.020      Division of probation.

            2.68.070      King County district court ‑ organization.

            2.68.075      Electoral districts ‑ established ‑ provisions.

            2.68.078      Number of judges elected in each electoral district.

 

            2.68.005  Purpose and intent.

            A.  The King County council finds that a unified, countywide district court, utilizing existing court facilities as satellites, while at the same time supporting the concept of local filing and handling of cases, would provide for a more equitable and cost-effective system of justice for the citizens of King County.  It is the intent of council to establish such a unified district court system.

            B.  The council has received the districting committee report dated September 28, 1988, which unanimously recommended to the council the concept of a unified single district court.  The council finds that the interest and welfare of the public would be best served by a unified single district court.  This would provide the best institutional setting for district courts.  While recognizing and respecting the constitutional separation of power, the council would encourage the court to continue moving forward, under the administrative authority of a strong presiding judge, to achieve and enhance equity in policies, uniform court rules, forms and administrative procedures, standard personnel classification and procedures, flexibility for judicial assignments in order to balance the workload of the various satellite facilities, and achieve overall cost savings where found appropriate through centralization and consolidation of facilities, personnel and case assignments.

            C.  While the council recognizes the importance of meeting the needs of all citizens it serves in the region, it also recognizes the need to operate in a cost-effective manner in order to address continuing current expense deficits.  The council supports the provision of district court services throughout the county, but also expects that county agencies, including the district court, provides services in the most cost-effective way.  As a consequence, the council is amending the county district court plan for 2003 to reduce the number of court divisions and provide for greater flexibility in the court’s allocation of resources and facilities. 

            D.  As a result of the 2004-05 planning effort, the councils further reaffirms that it is county policy that to retain for the long term the aspiration to be the court of choice for court of limited jurisdiction in the county, focusing its energy and resources on improving operations and services balancing the needs of citizens, the court, the county and the cities.  The council finds that the district court should develop and apply quality service standards and measures for its operations.  The council also finds that the county shall:

              1.  Continue to support problem-solving courts, improving access to problem-solving courts and incorporating problem-solving courts in the district court's planning process;

              2.  Continue and make explicit the strategy of improving efficiency through unification of governance, administration and planning, centralizing workload where appropriate;

              3.  Continue to develop and implement technological improvements to support the district court operations in order to increase access to court services and information;

              4.  Continue to support the district court's function to serve cities through contracts and support flexibility in providing services and facilities for district court customers;

              5.  Continue to support a unified, countywide district court, using existing facilities, to provide for a more equitable and cost-effective system of justice for the citizens of King County:

                a.  ensuring court facilities promote system efficiencies, quality services and access to justice;

                b.  consolidating district court facilities that exist in the same city;

                c.  reconsidering facilities if there are changes with contracting cities or changes in leases; and

              6.  Work together with stakeholders to gain cooperation and assistance to meet the needs of the judicial system at the state and local levels.  (Ord. 15195 § 2, 2005:  Ord. 14374 § 4, 2002:  Ord. 8935 § 3, 1989.  Formerly K.C.C. 2.68.060).

 

            2.68.010  Authority of the presiding judge.  The King County district courts shall be administered by a presiding judge elected according to GR 29.  The powers and duties of the presiding judge shall be those in GR 29 and shall specifically include the power to temporarily reassign judges from one electoral district to another to ensure the expeditious and efficient handling of all cases and equal distribution of the workload among the several judges.  (Ord. 15529 § 1, 2006:  Ord. 14374 § 1, 2002: Ord. 9282 § 1, 1990).

 

            2.68.020  Division of probation.  There is established a division of probation responsible for providing probation services to the King County district courts.  The division of probation shall be administered by the district court presiding judge, supervised by a division director and funded in the same manner as the district courts.  Existing employees of the corrections division of the department of rehabilitative services who are transferred to the division of probation and who were county career service employees on the effective date of the transfer shall be provided with employment rights at least equivalent to those which they were accorded under the career service system, as established by Article 5 of the King County Charter.  Employees of the division of probation who are hired after the effective date of the transfer shall be exempt from the career service, as defined by Section 550 of the King County Charter.  (Ord. 14374 § 2, 2002:  Ord. 9282 § 2, 1990:  Ord. 4549 § 3, 1979).

 

            2.68.070  King County district court ‑ organization.

            A.  There is created a single district court, whose boundaries are all the area within the boundaries of King County, including the centerline of Puget Sound and all of the current city of Auburn, including the Pierce county portion, as a joint district court district established under RCW 3.38.060 and named the district court of the state of Washington in and for the district of King County.  The Snohomish county portion of the city of Bothell is not included in the boundaries of the King County district court.

            B.  The number of judges of the King County district court is twenty-five full-time judges.

            C.  The location of the central office of the King County district court is the King County Courthouse, Seattle, Washington.

            D.  The court facilities within the unified district are located as follows:

              1.  Southeast division:

                a.  City of Kent (colocated with the Southwest division); and

                b.  City of Auburn;

              2.  Southwest division:

                a.  City of Burien;

                b.  City of Kent (colocated with the Southeast division); and

                c.  An additional facility in the vicinity of Vashon business district;

              3.  Northeast division:

                a.  City of Bellevue;

                b.  City of Issaquah; and

                c.  City of Redmond;

              4.  Shoreline division:  City of Shoreline; and

              5.  West Division:  City of Seattle.

            E.  The administrative records of the King County district court shall be maintained at the central office or in a location designated by the presiding judge.  Court records shall be located at the respective court facilities or in a location designated by the presiding judge.

            F.  The number and location of district court commissioners shall be as authorized, together with such additional court commissioners as the district court may require.  (Ord. 18498 § 1, 2017:  Ord. 16801 § 1, 2010:  Ord. 16644 § 1, 2009:  Ord. 15529 § 2, 2006:  Ord. 14584 § 1, 2003:  Ord. 14374 § 10, 2002:  Ord. 14374 § 6, 2002:  Ord. 10352 § 1, 1992:  Ord. 9862 § 1, 1991:  Ord. 9386, 1990:  Ord. 8935 § 4, 1989).

 

            2.68.075  Electoral districts ‑ established ‑ provisions.

            A.  District court judges shall be elected to the King County district court from electoral districts established by the county council under K.C.C. chapter 1.12 by ordinance.  The precise number of judges elected from each electoral district shall be determined by the county council on or before May 1, 1990, and on or before May 1 of each fourth year thereafter.

            B.  All candidates for King County district court must file for and be elected in one of the district court electoral districts created by this chapter.  Any candidate for King County district court must be a registered voter and legal resident of the district court electoral district within which the candidate files.  (Ord. 18497 § 4, 2017:  Ord. 16803 § 2, 2010:  Ord. 11041 § 2, 1993:  Ord. 9427 § 1, 1990:  Ord. 8935 § 5, 1989).

 

            2.68.078  Number of judges elected in each electoral district.  The number of judges to be elected in each of the electoral districts within the single King County district court shall be as follows:

            A.  Southeast                        6;

            B.  Southwest           5;

            C.  Northeast             7;

            D.  Shoreline            2; and

            E.  West                     5.

(Ord. 16801 § 2, 2010: Ord. 16644 § 2, 2009: Ord. 15529 § 4, 2006:  Ord. 14374 § 11, 2002:  Ord. 14374 § 7, 2002:  Ord. 10292, 1992:  Ord. 9922 § 2, 1991:  Ord. 9862 § 2, 1991:  Ord. 9427 § 7, 1990).

 

2.69    SUPERIOR COURT OF KING COUNTY

 

Sections:

            2.69.010      Location of court sessions - general approval.

            2.69.020      Eastside location.

            2.69.030      Mutual agreement for other locations.

            2.69.050      Incentive awards - juvenile court therapeutic programs.

            2.69.060      Incentive awards - adult drug diversion court and related therapeutic programs.

            2.69.100      Annual gathering and reception for superior court volunteers.

 

            2.69.010  Location of court sessions ‑ general approval.  Pursuant to the authority granted by general law and subject to the approval of the Supreme Court of the State of Washington, the holding of regular and special sessions of the superior court of King County at such places within the county other than the county seat as may be mutually agreed upon by the council and the judges of the superior court is approved.  (Ord. 8698 § 1, 1988).

 

            2.69.020  Eastside location.  The action by the superior court to establish an eastside facility collocated with the Bellevue district court, is considered mutually agreed upon and the assignment of superior court judges and commissioners to hold sessions at said facility is approved.  (Ord. 8698 § 2, 1988).

 

            2.69.030  Mutual agreement for other locations.

            A.  Mutual agreement on the specific location for holding court sessions other than at the county seat and the approved eastside facility in Bellevue shall be arrived at by a memorandum proposal for the location by the presiding judge of the superior court addressed to the chair of the county council, and an endorsement of the proposal by a motion of the council.  Such action shall constitute approval of the specific location.

            B.  The actual operation of the court in holding sessions at an approved location other than the county seat shall be subject to the availability of funds within the superior court budget.  (Ord. 8698 § 3, 1988).

 

            2.69.050  Incentive awards - juvenile court therapeutic programs.  The superior court is hereby authorized to use county funds to pay for incentive rewards for participants in juvenile court therapeutic programs.  The purpose of the incentive rewards shall be to recognize the achievement of programmatic successes and to encourage further participation and successful outcomes.  The financial value of individual incentive rewards may vary depending on the program and the circumstances which warrant the incentive.  However, no single incentive reward shall exceed twenty-five dollars, unless approved in advance in writing by the superior court chief administrative officer.  (Ord. 17557 § 1, 2013).

 

            2.69.060  Incentive awards - adult drug diversion court and related therapeutic programs  The department of judicial administration is hereby authorized to use county funds to pay for incentive rewards for participants in adult drug diversion court and related therapeutic programs.  The purpose of the incentive rewards shall be to recognize the achievement of programmatic successes and to encourage further participation and successful outcomes.  The financial value of individual incentive rewards may vary depending on the program and the circumstances that warrant the incentive.  However, a single incentive reward shall not exceed twenty-five dollars, unless approved in advance in writing by the department of judicial administration director.  (Ord. 17557 § 2, 2013).

 

            2.69.100  Annual gathering and reception for superior court volunteers.

            A.  The presiding judge of the superior court may annually convene a gathering and reception between superior court judges, staff and volunteers.  The intent of convening the gathering and reception shall be to:

              1.  Increase communication between superior court judges, staff and volunteers;

              2.  Provide for informal discussion between superior court judges, staff and volunteers; and

              3.  Foster a spirit of cooperation in serving the public.

            B.  Costs of meals or refreshments for superior court judges, staff and volunteers attending the meeting and reception are hereby authorized, subject to the availability of funds in the superior court's budget and to the dollar limits specified in K.C.C. 3.24.080.  (Ord. 15325 § 1, 2005).

 

2.70    DISTRICT COURT ‑ MERIT SELECTION PROCESS

 

Sections:

            2.70.010      Establishment.

            2.70.020      Process.

 

            2.70.010  Establishment.  There is hereby established a merit selection process to fill judicial vacancies occurring in District Court in King County pursuant to the King County council's responsibilities under R.C.W. 3.34.100.  The council desires a fair and open process which will insure the council shall select and appoint individuals of the highest quality.  (Ord. 8350 § 1, 1987).

 

            2.70.020  Process.  The process to fill district court judicial vacancies shall be as follows:

            A.  Notice of existing or scheduled vacancies shall be advertised by the clerk of the council twice in the official county newspaper and in a newspaper of general circulation within the district.  Notice of the vacancy shall also be sent to the Seattle‑King County Bar Association (SKCBA), East King County Bar Association, South King County Bar Association, Washington Women Lawyers, Loren Miller Bar Association, National Conference of Black Lawyers (Northwest Chapter), Asian Law Association and other interested groups.

            B.  Names of individuals wishing consideration for appointment shall be submitted to the clerk of the council or directly to any of the bar associations listed in subsection 2.70.020 A. which shall review and evaluate the candidates.

            C.  Any other bar group with an established judicial candidate evaluation procedure may also review and evaluate the candidates.  A group with an established judicial candidate evaluation procedure shall mean a bar association group:

              1.  With evaluation procedures open to any candidate,

              2.  Which has written by‑laws governing its evaluation process,

              3.  Which has written criteria upon which the candidates are to be judged which shall be made available to the public, the council and candidates, and

              4.  Which has been actively evaluating judicial candidates for at least two years.

            D.  SKCBA shall refer to the council the names of candidates receiving the highest rating.  The list shall contain no less than three names.  Any other group with an established judicial candidate evaluation procedure, as defined in subsection 2.70.020 C., shall provide to SKCBA a list of the names of candidates given its highest rating.  SKCBA shall note on the list referred to the council any disagreements on the respective lists by indicating names on their own list not included on the list(s) of the other evaluating committee(s) and adding names not included on the SKCBA list with the name of the group which provided the rating.

            E.  The committee‑of‑the‑whole shall review the candidates and interview the final candidates and make recommendation to the council.

            F.  The final appointment shall be made by the council by motion from the candidates referred by the evaluation committees.  (Ord. 8350 § 2, 1987).

 

2.72    COUNTY PRISONERS

 

Sections:

            2.72.010      Working of prisoners.

            2.72.020      Employment of prisoners.

            2.72.030      Contracts.

 

            2.72.010  Working of prisoners.  In accordance with RCW 9.92.140 the county sheriff shall put to labor the prisoners confined in the county jail.  (Ordered February 8, 1884).

 

            2.72.020  Employment of prisoners.  The board of county commissioners finds that, on the basis of employment conditions, the state of the county jail facilities and other pertinent circumstances, the operation of Section 11 of Chapter 171 of the Session Laws of 1961 (RCW 36.63.260) of the state of Washington is feasible in King County beginning June 1, 1964.  (Res. 27929 (part), 1964).

 

            2.72.030  Contracts.  The King County executive may enter into contracts with municipalities within King County for use of their respective facilities in compliance with K.C.C. 2.72.020 for prisoners sentenced by King County courts. (Ord. 1267 § 1, 1972).

 

2.73    RECOVERY OF INCARCERATION COSTS

 

Sections:

            2.73.050      Work, education and release and electronic home detention fees.

 

            2.73.050  Work education release and electronic home detention fees.

            A.  The following fee schedule for the community corrections programs including work, education and release and electronic home detention program are hereby adopted:

WAGES PER HOUR

 

DAILY ROOM

AND BOARD RATE

From

To

 

 $0.00

 $4.99

 $8.10

 $5.00

 $5.49

 $9.00

 $5.50

 $5.99

 $9.90

 $6.00

 $6.49

$10.80

 $6.50

 $6.99

$11.70

 $7.00

 $7.49

$12.60

 $7.50

 $7.99

$13.50

 $8.00

 $8.49

$14.40

 $8.50

 $8.99

$15.30

 $9.00

 $9.49

$16.20

 $9.50

 $9.99

$17.10

$10.00

$10.49

$18.00

$10.50

$10.99

$18.90

$11.00

$11.49

$19.80

$11.50

$11.99

$20.70

$12.00

$12.49

$21.60

$12.50

$12.99

$22.55

$13.00

$13.49

$23.45

$13.50

$13.99

$24.35

$14.00

$14.49

$25.25

$14.50

$14.99

$26.15

$15.00

$15.49

$27.05

$15.50

$15.99

$27.95

$16.00

$16.49

$28.85

$16.50

$16.99

$29.75

$17.00

$17.49

$30.65

$17.50

$17.99

$31.55

$18.00

$18.49

$32.45

$18.50

$18.99

$33.35

$19.00

$19.49

$34.25

$19.50

$19.99

$35.15

$20.00

$22.49

$36.05

$22.50

$24.49

$40.55

$25.00

$27.49

$45.05

$27.50

$29.99

$49.55

$30.00

$32.49

$54.05

$32.50

$34.99

$58.55

$35.00

$37.49

$63.05

$37.50

up

$ net maintenance fee