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A MOTION relating to the organization of the council; amending Motion 10651, Section III, as amended, and OR 1-020, Motion 10651, Section V, as amended, and OR 2-030, Motion 10651, Section VI, as amended, and OR 3-010, Motion 10651, Section VII, as amended, and OR 3-030 and Motion 14725, Section II, and OR 3-035, and Motion 10651, Section VIII, as amended, and OR 3-040 and rescinding Motion 11122, Section F, as amended, and OR 2-120 and Motion 11327, Section II, as amended, and OR 3-101.
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WHEREAS, the King County Charter provides that the council "shall be responsible for its own organization," and
WHEREAS, the council desires to specify committee functions and clarify staff roles, reporting and responsibilities;
NOW, THEREFORE, BE IT MOVED by the Council of King County:
I. Motion 10651, Section III, as amended, and OR 1-020 are each hereby amended to read as follows:
Powers and duties of the chair.
A. The chair, with their consent, shall appoint councilmembers to regional committees, standing committees, administrative committees, special committees and outside committees as required or as deemed necessary to efficiently conduct the business of the council. The council recognizes that its committee structure, membership and chairs and vice-chairs reflect the council's will. Any changes thereto shall be made only by formal legislative motion adopted by a majority of the members at a council meeting.
B. The chair shall have the responsibility and general direction for the council's resources, budget, operation and organizational structure. The chair shall allocate an equal amount of funding and FTE positions to each councilmember's district support and constituent services account from within the council administration account. The chair shall be responsible for the general oversight of legislative branch employees, except personal and district support and constituent services staff of councilmembers. Each councilmember shall be responsible for making employment decisions for the councilmember's personal and district support and constituent services staff.
C. On behalf of the council, the chair of the council may accept gifts or things of value of less than two thousand dollars. Gifts or things of value given to individual council offices may be accepted by each councilmember subject to the provisions of K.C.C. chapter 3.04. The chair shall notify the clerk of the council of any accepted gifts or things of value. The clerk shall maintain a list of the accepted gifts or things of value and shall report quarterly that list to all councilmembers if there have been any accepted gifts or things of value in the preceding quarter. The chair of the council shall not enter into a consultant contract for more than fifty thousand dollars without first being authorized to do so by council motion. All consultants shall comply with the King County code of ethics.
D. The chair shall regularly consult in the exercise of the chair's duties with the vice-chair. The chair, in consultation with committee chairs, shall direct the necessary coordination of staff, except for personal and district support and constituent services staff. The council's chief of staff shall report to the chair and is accountable to and responsive to all councilmembers. The chair may exercise any power conferred upon the chief of staff.
((E. The chair shall be a member of the employment and administration committee)).
III. Motion 10651, Section V, as amended, and OR 2-030 are each hereby amended to read as follows:
Employment and administration committee.
A. Membership requirements. The employment and administration committee shall consist of ((four)) five members. ((The chair of the employment and administration committee shall issue, upon recommendation of the employment and administration committee and with the approval of a majority of the council, all employment decisions for legislative branch employees except interns and the councilmembers' personal and district support and constituent services staff, other than employment decisions that are made by the chair of the employment and administration committee as provided in this section)) The chair of the council shall be a member of the committee.
B. Duties ((and process)).
1. ((Administrative committee. The employment and administration committee is an administrative committee of the council. The employment and administration committee shall consult with councilmembers, the chief of staff and policy staff director on a continuing basis in order to review council operations under the staffing structure defined in this motion.
2. Personnel decisions. The employment and administration committee shall make recommendations to the council concerning decisions for legislative branch employees, except for interns and councilmembers' personal and district support and constituent services staff, and except for minor personnel decisions, which may be made by the chair of the employment and administration committee in accordance with subsection B.6. of this section. Personnel decisions include decisions to hire, to fill vacancies, to make staffing adjustments, to designate staff employment assignments, except assignments of policy staff to specific issues and legislation which shall be made by the policy staff director under OR 3-040.D.2, to adjust staff pay, to analyze future hiring needs and to make other necessary employment decisions. Personnel decisions do not include termination or disciplinary decisions, which follow the process stated in subsection B.3. of this section, or minor personnel decisions, which follow the process stated in subsection B.6. of this section. Where applicable, employment and administration committee recommendations on personnel decisions shall be developed in consultation with appropriate committee chairs and, where applicable, the chief of staff and policy staff director.
3. Personnel decisions shall be contained in a written recommendation report and may be voted out of committee upon: a. the receipt of the signature of three committee members during a meeting of the committee; or b. subject to signature by a quorum of the committee members in accordance with K.C.C. 1.24.055.C (Rule 6.C). Once the necessary signatures are obtained, recommendation reports from the committee shall be forwarded to the council for consideration on an employment and administration committee consent agenda. The chair of the employment and administration committee shall issue, upon recommendation of the employment and administration committee and with the approval of a majority of the council, all employment decisions for legislative branch employees except interns and the councilmembers' personal and district support and constituent services staffs.
4. Terminations and disciplinary decisions. The employment and administration committee makes decisions on discipline and termination, including layoffs, except for councilmembers' personal and district support and constituent services staff. If three committee members vote for a termination or disciplinary action the decision is final, except when an employee exercises the right of an appeal to the full council. An employee who has been either suspended without pay of two weeks or more or terminated may appeal the decision of the employment and administration committee to the council. The appeal must be filed within ten calendar days of written notice of the suspension or termination being sent to the employee. An appeal is accomplished by delivering a notice of appeal to the clerk of the council. Nondisciplinary terminations are subject to appeal in the same manner as disciplinary terminations.
5. Performance evaluations of chief of staff and policy staff director. Valuing broad-spectrum review of key staff within the legislative branch, performance appraisals of the chief of staff and policy staff director shall be drafted by the chair of the council with input from all councilmembers. Performance evaluation drafts shall then be forwarded to the committee for review and consideration before review with the individual being reviewed and rated.
6. Minor personnel decisions.
a. Except for interns and councilmembers' personal and district support and constituent services staff, the chair of the employment and administration committee shall make all minor personnel decisions as set forth in this subsection B.6. Minor personnel actions are:
(1) authorizing recruiting for a vacated or newly created position;
(2) increasing or reducing the hours assigned to a current position up to the total budgeted hours for the position, as reflected in the Staff and Salary Detail Report maintained by the chief of staff or his or her designee;
(3) reassigning an employee employed within a legislative branch agency of the county auditor, board of appeals/equalization, hearing examiner, office of law enforcement oversight, ombudsman/tax advisor or civic television to another position in the same agency and pay range;
(4) hiring a temporary or a term-limited temporary employee to perform clerical or technical functions, up to a total of the maximum period allowed by ordinance or two years, whichever is less;
(5) extending the employment period of a temporary or a term-limited temporary employee hired to perform clerical or technical functions, up to a total of the maximum period allowed by ordinance or two years, whichever is less; and
(6) approving a carryover of excess vacation leave under K.C.C. 3.12.190 because of cyclical workloads, work assignments or other reasons as may be in the best interests of the county.
b. Requests for minor personnel decisions shall be made in writing to the employment and administration committee chair via the chief of staff or policy staff director. Requests may be made only by councilmembers, legislative branch agency managers, the chief of staff, the policy staff director or a staff member who is supervised directly by the chair of the council. The chief of staff or policy staff director shall promptly provide the employment and administration committee chair with a copy of the request and the chief of staff's or policy staff director's recommendation for approval, disapproval or modification of the request.
c. Action on a requested minor personnel decision shall be in writing, signed by the chair of the employment and administration committee. The chief of staff shall file the original of the decision action with the clerk of the council, and shall provide copies of the decision action to the agency manager or supervisor, affected employee and members of the employment and administration committee.
7. Nothing in this process is to be construed to alter the at-will status of legislative branch employees. This process is designed to facilitate the will of the majority of the council. If there are specific provisions of a collective bargaining agreement that are contrary to this process, the collective bargaining agreement controls.
C. Recommendations to the council chair. The employment and administration committee may consider and make recommendations to the council chair regarding management organization structure and legislative branch customer service. The committee may monitor and make recommendations on the legislative branch budget.
D. Removal of recommendations from consent agenda. Upon the request of any member present before the council, any specific recommendation from the employment and administration committee shall be removed from the consent agenda and considered separately by the council prior to adoption of the employment and administration committee consent agenda. The council may then by a majority vote make whatever orderly disposition of the matter it deems appropriate.
E.)) General duties. The committee makes employment-related decisions and recommendations for the legislative branch, excluding all decisions for those positions and employees serving councilmembers' personal, district support and constituent services functions.
2. Administrative decisions. In consultation with the chief of staff, the committee shall:
a. recommend to the council for adoption of administrative and personnel-related policies;
b. recommend to the council for adoption of changes to the organization chart established in OR 3-030.A.; and
c. recommend to council classification specifications and compensation ranges.
3. Hiring and staffing decisions.
a. The committee shall establish the hiring process for chief officers, directors and independent agency officers, as well as making hiring recommendations to the council concerning these positions. The committee may consult with the board of appeals on its hiring of the executive director and staff of the board of appeals and the committee may express its preference.
b. The committee shall make hiring decisions for all other positions not noted in subsection B.3.a. of this section, based on the recommendation of the chief officer, chief policy officer or independent agency officer, as appropriate, regarding the candidate or candidates.
c. The chair of the committee may:
(1) begin recruitment of vacated or newly created positions and anticipated vacancies; and
(2) appoint or extend the appointment of interns, and temporary or term limited employees for up to a total of the maximum period allowed by code.
d. A hiring preference shall be given to an applicant for any position who is presently on the staff of the legislative branch who has already demonstrated the capability to perform the duties of the position satisfactorily.
e. The committee may extend an offer to any person who applied for a legislative branch position in the six months before the chair of the committee's authorization to begin a new recruitment without undertaking a full requirement process. The committee may allow person meeting the criteria of this subsection to be added to the pool of candidates to be considered for the new requirement, without requiring the person to submit some or all of the applications materials for the new recruitment.
f. The authority for hiring temporary administrative or legislative staff employees for sixty days or less is delegated to the chief of staff. For the purposes of this subsection, "sixty days" means sixty actual days of work or no more than four hundred twenty hours of work, whichever is less.
4. Compensation and classification decisions. The committee, in consultation with the responsible chief officer or independent agency officer, shall make decisions regarding reclassification, promotion to a higher step within the same classification and range, or withholding of a step increase of a legislative branch employee.
5. Staff assignments. The chief of staff shall annually brief the committee on legislative branch staff assignments, which shall be based on the following:
a. Independent agency staff assignments shall be made by the independent agency officer or designee;
b. Legislative services staff assignments shall be made by the chief policy officer or designee;
c. Legal staff assignments shall be made by the chief legal counsel or counsel's designee; and
d. Administration services staff assignments shall be made by the chief of staff or designee.
6. Work schedule decisions. Day-to-day work schedule decisions shall be made by direct supervisors, managers, and their director or officer. The committee may increase or decrease the full time equivalent level of an employee on either a permanent or limited term duration within the budgeted appropriation. In the event of a temporary decrease in the full time equivalent level of an employee as an accommodation, the chief of staff may approve the temporary adjustment and inform the committee at the next regularly scheduled meeting of the committee.
7. Leave carryover decisions. The chair of the committee may authorize the carryover of excess vacation leave under K.C.C. 3.12.190 because of cyclical workloads, work assignments or other reasons as may be in the best interests of the county and with appropriate documentation.
8. Performance evaluations.
a. The chair of the council, with committee input, shall establish a process for periodically evaluating the chief officers and independent agency officers for their performance in achieving job duties and goals.
b. Chief officers, directors and independent agency officers shall periodically evaluate employees that report to each respectively for their performance in achieving job duties and goals.
c. The chief of staff shall annually brief the committee regarding findings and results related to legislative branch performance evaluations.
9. Discipline.
a. Chief officers, directors and independent agency officers shall provide oral and written expectations and counseling regarding employee performance issues as they may arise.
b. The council chair shall provide oral and written expectations and counseling regarding employee performance for chief officers and independent agency officers.
c. Chief officers, directors and independent agency officers, for employees that report to each respectively, shall, when appropriate, issue either written reprimands or performance improvement plans, or both, regarding employee performance issues that persist, following an oral or written statement of expectations or counseling. The council chair shall, when appropriate, issue either written reprimands or performance improvement plans, or both, regarding employee performance issues of a chief officer and independent agency officer that persist, following an oral or written statement of expectations or counseling. An employee who has received a written reprimand may, within five business days of receiving the written reprimand, request a hearing before the committee to overturn or amend the written reprimand.
d.(1) It is the responsibility of the chief officers and independent agency officers, for employees who report to each respectively, or the council chair for those employees specified in subsection B.9.b. of this section, when appropriate, to recommend to the committee employees for either suspension without pay or termination.
(2) The committee shall make decisions regarding suspension without pay or termination of an employee.
(3) The decision of the committee to suspend an employee without pay for ten working days or less is final.
(4) An employee subject to the committee's suspension without pay for more than ten working days or termination decision may, within five business days, request a hearing before the committee to mitigate or change the decision.
(5) Following a suspension without pay of more than ten working days or termination hearing decision, an employee subject to the committee's suspension without pay or termination decision may, within five business days, appeal the decision to the council.
(6) The decision of council to suspend without pay or terminate an employee is final.
e. The chair of the council may execute a settlement agreement with a current or former employee.
f. If, in the determination of the applicable chief officer or independent agency officer, an employee's performance is serious or egregious enough, the provisions of subsection B.9.a. and c. of this section may be dispensed with and the applicable chief officer or independent agency officer may summarily recommend suspension or termination to the committee in accordance with B.9.d. of this section. If, in the determination of the council chair, an employee's performance is serious or egregious enough, the provisions of subsection B.9.b. and c. of this section may be dispensed with and the council chair may summarily recommend suspension or termination to the committee in accordance with B.9.d. of this section.
g. A written disciplinary action may not be issued before completion of review of it by legal counsel or the civil division of the office of the prosecuting attorney. For the purposes of this subsection B.9., "written disciplinary action" means written expectations and counseling regarding employee performance issues, reprimands, performance improvement plans and decisions regarding suspension without pay or termination of an employee.
10. Motions for censure. The ((employment and administration)) committee shall consider and make recommendations to the council on motions for censure related to alleged violations by a councilmember of any antiharassment or discrimination policy.
((F.)) C. Committee decisions.
1. All committee decisions authorized by this section shall be contained in a written decision report.
2. All committee recommendations authorized by this section shall be contained in a written recommendation report and, if approved by the committee, shall be forwarded to the council for consideration on an employment and administration committee consent agenda.
3. Upon the request of any member present before the council, any specific recommendation from the employment and administration committee shall be removed from the consent agenda and considered separately by the council before adoption of the employment and administration committee consent agenda.
4. The chair of the employment and administration committee shall issue notice to the affected employee upon final action of the committee or council.
D. Personnel records as confidential. To the extent permitted by law, personnel records that would be exempt from public disclosure shall continue to be treated as confidential and records or portions thereof that are exempt shall be identified as such and separated from nonexempt records.
E. Construction of section. Nothing in this section is to be construed to alter the at-will status of legislative branch employees. This section designed to facilitate the will of the majority of the council. If there are specific provisions of a collective bargaining agreement that are different than this section, the collective bargaining agreement shall prevail.
F. Definitions. For the purposes of this section OR 2-030:
1. "Administrative services staff" are those legislative branch employees assigned to communications, government relations, administration and clerk blocks in the organization chart, Attachment A to this motion.
2. "Chief officers" includes the chief of staff and chief legal counsel;
3. "Directors" includes the clerk of the council, the communication director, the director of council initiatives, the director of government relations, the director of municipal relations, the director of operations, the housing coordinator and the chief policy officer;
4. "Independent agency officers" includes the auditor, director of law enforcement oversight, hearings examiner, King County Flood Control District executive director and director of the office of citizen complaints/tax advisor, which is also known as the ombuds.
5. "Legislative services staff" are those legislative branch employees assigned to the legislative services block in the organization chart, Attachment A to this motion.
IV. Motion 11122, Section F, as amended, and OR 2-120 are each hereby rescinded.
V. Motion 10651, Section VI, as amended, and OR 3-010 are each hereby amended to read as follows:
Use of councilmembers' district accounts and district support and constituent services accounts.
A.1. All salaries and benefits for a councilmember and a councilmember's personal staff shall be paid out of the councilmember's district account, and all salaries and benefits for a councilmember's district support and constituent services staff shall be paid out of the councilmember's district support and constituent services account.
2.a. The council prohibits councilmembers from hiring as personal or district support and constituent services staff persons who have been employed within the prior twelve months:
(1) as a council ((policy)) legislative services staff member classified at range 62 or above in the King County 10 step annual exempt squared table, or as an administrative ((central)) services staff member classified at range 23 or above in the Legislative Branch Classification Plan; or
(2) persons who have been employed as a personal or district support and constituent services staff member of another currently serving councilmember, except with the consent of that councilmember.
b. District account and district support and constituent services account moneys cannot be used to pay the salary or benefits of persons prohibited from being hired as set forth subsection A.2.a. of this section.
c. This subsection A.2. shall not apply to any employee hired as a personal staff member before October 13, 2008.
3. The central council account, a district account or a district support and constituent services account may not be used to fund benefits for employees whose employment as personal and district support and constituent services staff is prohibited by subsection A.2. of this section.
B.1. All expenditures for mail originating from an individual councilmember's office shall be paid for out of that councilmember's district account or district support and constituent services account, except for mailings of ten items or less, which may be paid for out of the council administration budget, and for postage that may be funded from the council administration budget subject to the approval of the chair of the council.
2. A councilmember shall not send any mass mailing that is deposited in the mail between the date the councilmember has filed a declaration and affidavit of candidacy with the department of elections and election day in any year in which an election is to be held to fill the councilmember's office. However, mailings may be made after the last day for filing for office if the councilmember has not filed for the office. For the purposes of this subsection B.2, "mass mailing" means any mailing of more than two hundred pieces that contains essentially identical messages and that is prepared or sent by or on behalf of an individual councilmember at council expense.
C. All expenditures for rent, office equipment and furniture, utilities and telephones to support a councilmember's outside district office shall be paid out of the councilmember's district support and constituent services account.
D. All travel expenditures incurred by a councilmember or the councilmember's or personal staff or the councilmember's district support and constituent services staff shall be paid for out of the councilmember's district support and constituent services account or from the ((councilmember's district support and constituent services account, or from the)) council administration budget with the approval of the chair of the council.
E. All other expenditures for community meetings, training, publications, newspaper advertising, nonnewspaper advertising, cellular phones, cellular phone services or other related activities as determined by the councilmember shall be paid out of the councilmember's district account or from the councilmember's district support and constituent services account, or from the council administration budget with the approval of the chair of the council.
F. Whenever questions about expenditures may arise, a councilmember shall consult with the chief of staff, legal counsel or the chief of staff's designee as necessary in considering whether a specific expenditure is authorized by this section OR 3-010.
VI. Motion 10651, Section VII, as amended, and OR 3-030 are each hereby amended to read as follows:
Legislative branch organization ((- organization chart - chief of staff - policy staff director - King County Flood Control Zone District executive director)).
A. Organization chart. The legislative branch shall be organized in accordance with the organization chart, Attachment A to ((Motion 14819.)) this motion. The chief of staff shall prepare and file with the clerk of the council a revised organization chart to replace Attachment A to ((Motion 14919)) this motion when the organization of the legislative branch is changed either by any employment and administration committee decision or by any ordinance, motion or personnel decision adopted by the council.
B. Chief of staff. There shall be a council chief of staff who reports to the chair, and shall be accountable and responsive to all councilmembers. The chief of staff is responsible for the efficient overall management and administration of the ((following staff of the legislative branch and their subordinates: the administrative services supervisor; the clerk; the director of communications; the director of strategic policy initiatives; and the director of government relations)) administrative and legislative services staff as they are defined in OR 2-030. All directors, as defined in OR 2-030, shall report to the chief of staff. The chief of staff is also responsible for monitoring the independent agencies of the council. ((The chief of staff shall be a resource for personal and committee staff. In addition, the chief of staff, at the direction of the council and in consultation with appropriate committee chairs, may coordinate with the policy staff director the work of committee staff, legal counsel and others as needed on significant issues.)) The chief of staff shall be the council's bargaining lead for all legislative branch bargaining units.
C. ((Policy staff director.)) Chief policy officer. There shall be a ((policy staff director)) chief policy officer who, as a director, reports to the ((chair,)) chief of staff and shall be ((accountable and)) responsive to all councilmembers. ((The policy staff director is responsible for the efficient overall management and administration of the committee staff, which includes committee assistants and represented legislative analysts. Committee chairs and members are responsible for providing policy direction to committee staff by, among other things, setting priorities and directing the work of committee staff. In addition, the policy staff director, at the direction of the council chair and in consultation with appropriate committee chairs, may coordinate with the chief of staff the work of committee, legal counsel and others as needed on significant issues.)) As the chief policy officer is the direct report for the legislative services staff, the chief policy staff officer is responsible for: the efficient overall management and administration of the legislative services staff; development and administration of analytic standards; committee lead and support assignments; and legislative and policy assignments for analysis.
D. Chief legal counsel. There shall be a chief legal counsel who reports to the chair and shall be accountable and responsive to all councilmembers for the provision of legal services to the council, councilmembers, and administrative and legislative services staff. The chief legal counsel is responsible for the efficient overall management and administration of the legal services staff, outside counsel and coordination with the prosecuting attorney's office.
E. Independent agency officers. For all the independent agencies, identified in the organization chart, Attachment A to this motion, their officers shall be appointed by the council and each independent agency officer shall be accountable and responsible for the efficient overall management and administration of their agencies. The independent agencies, their officers, managers and staff are subject to the policies and procedures of the legislative branch.
F. King County Flood Control ((Zone)). District executive director. The((re shall be a)) King County Flood Control ((Zone)) District executive director ((who)) shall report((s)) to the county councilmember who serves as the chair of the King County Flood Control ((Zone)) District((, and who)). The executive director shall be accountable and responsive to all councilmembers who serve on the King County Flood Control ((Zone)) District board of supervisors. The executive director is responsible for the efficient overall management and administration of the King County Flood Control ((Zone)) District and the flood control ((zone)) district administration unit and its employees. The executive director is subject to the policies and procedures of the legislative branch.
VII. Motion 14725, Section II, and OR 3-035 are each hereby amended to read as follows:
King County Flood Control ((Zone)) District administration.
A. The legislative branch shall provide staffing, facilities and services for the King County Flood Control ((Zone)) District at actual cost and fully reimbursed by the district through an interlocal agreement between King County and the district.
B. For the administration and management of the King County Flood Control ((Zone)) District, a flood control ((zone)) district administration unit is established for legislative branch employees exclusively providing support for the King County Flood Control ((Zone)) District. The unit is exempt from all other provisions of this organizational compilation except this section, OR ((3-030.D.)) 3-030.F. and OR 3-110.
C. The following applies to the employees within the unit:
1. Job descriptions and classifications for employees in the unit shall be reviewed and recommended by the King County Flood Control ((Zone)) District executive committee and authorized by motion by the council;
2. The executive committee shall establish and be responsible for the outreach, recruitment and hiring process for all employees of the unit. Hiring of the employees shall be subject to appointment by motion by the council, but shall not be subject to ((the hiring process of OR 3-101 or)) the decision-making requirements of OR 2-030;
3. The executive committee shall annually evaluate the performance of the King County Flood Control ((Zone)) District executive director, using a process established by the executive committee;
4. The executive director shall annually evaluate the performance of the employees within the unit using a process established by the executive committee. The executive director shall also annually present the results of these completed performance evaluations to the executive committee;
5. Employees within the unit, other than the executive director, are subject to disciplinary actions as determined by the executive director. Before suspension or termination, the executive director shall notify the county councilmember who serves as the chair of the King County Flood Control ((Zone)) District. An employee of the unit who has been either suspended without pay for two weeks or more or terminated may appeal the decision of the executive director to the council. The appeal must be filed within ten calendar days of written notice of the suspension or termination being sent to the employee. An appeal is filed by delivering a notice of appeal to the clerk of the council;
6. The executive director is subject to disciplinary actions as determined by the executive committee. The executive director, if either suspended without pay for two weeks or more or terminated, may appeal the decision to the council. The appeal must be filed within ten calendar days of written notice of the suspension or termination being sent to the employee. An appeal is filed by delivering a notice of appeal to the clerk of the council;
7. In common with all county employees and officials and elected officials, employees of the unit shall comply with the King County code of ethics, K.C.C. chapter 3.04. All employees shall familiarize themselves with the code of ethics, and in the event they identify any issue of possible concern they shall promptly seek advice from their supervisor, the chief of staff or council's chief legal counsel, or shall seek an advisory opinion from the board of ethics; and
8. The chief of staff shall be a resource for the employees of the unit and responsible for implementing and carrying out OR 3-110.
VIII. Motion 10651, Section VIII, as amended, and OR 3-040 are each hereby amended to read as follows:
((Staff guidelines.)) Ethical considerations.
A. ((For the purposes of this section, unless the context clearly requires otherwise:
1. "Administrative staff" means the council chief of staff and staff who report directly or indirectly to the council chief of staff; and
2. "Policy staff" means the council staff who report directly or indirectly to the policy staff director, including, but not limited to, staff assigned to a standing or regional committee or the board of health, and who are assigned to provide policy, fiscal or program analysis for all councilmembers.
B. Ethical considerations.)) In common with all county employees and officials, legislative branch employees and elected officials shall comply with the King County code of ethics, K.C.C. chapter 3.04. Each ((E))employee((s)) shall ((familiarize themselves)) become familiar with the ((content of the)) code of ethics and, in the event ((they identify)) the employee identifies any issue of possible concern ((they)), the employee shall promptly seek advice from ((their)) the employee's supervisor, the ((policy staff director)) chief policy officer, the ((council)) chief of staff or the chief legal counsel or shall seek an advisory opinion from the board of ethics.
((C. Lobbying restriction on administrative and policy staff and on the legal counsel to the council.
1)) B. Administrative or ((policy)) legislative services staff or ((the)) legal counsel ((to the council)) shall not ((in any way)) seek to influence the passage or rejection of any matter under consideration by the council or any committee of the council, except ((where)) when an employee within the scope of ((his or her)) the employee's duties is required to make a recommendation or is specifically asked by a councilmember to give a recommendation on the particular matter. ((This restriction does not apply to the policy staff director, the director of government relations or the chief of staff to the council pursuant to previously adopted council action.
2.)) C. Staff of the legislative branch and councilmembers shall not seek to influence or restrict objective and impartial legislative, policy, fiscal or program analysis by administrative or legislative services staff.
D. All staff assigned to perform legislative and policy analysis shall conduct objective, nonbiased analysis on legislation and work items to which the staff is assigned.
E. With respect to contacts involving the news media related to the political or policy aspects of county business, administrative and ((policy)) legislative services staff and legal counsel (of the council)) are encouraged first to refer such matters to the committee chair or councilmember with jurisdiction over the subject matter. ((Reporting relationships and assignments of policy staff.
1. Policy direction. Policy staff work for and are accessible to all councilmembers, and the policy staff director. Policy staff receive policy direction regarding issues within the committee's jurisdiction from the committee chair, members of the committee, the policy staff director and team leaders.
2. Policy staff assignments. Policy staff assignments shall be made by the policy staff director with collaboration from team leaders. Notwithstanding an assignment to a standing or regional committee, policy staff may be assigned tasks to various committees by the policy staff director or his or her designee. All policy staff are subject to the administrative supervision of the policy staff director or his or her designee. Policy staff are responsible for conducting objective analysis on legislation and work items to which they are assigned.
3. Administrative supervision. In order to ensure maximum effectiveness of the resources of policy staff and ensure that the Charter-based needs of the council are met, administrative supervision includes: overall coordination of all policy staff work plans; developing and implementing an ongoing equitable performance evaluation system that provides accountability of staff work product; developing, conducting and overseeing training and development programs, plans and processes for policy staff that link assessment of policy staff work with staff's professional development and growth. The policy staff director or his or her designee shall have administrative supervision responsibility over policy staff consisting of represented legislative analysts and committee assistants. The chief of staff or his or her designee shall have administrative supervision responsibility over administration staff as shown in Attachment A to Motion 14819.
4. Team leader. Team leader staff function as the supervisors for policy staff and committee assistants. A team leader is responsible for: consulting with committee lead staff to ensure adequate staffing to meet the needs of the committee; mentoring and coaching staff; assigning work to committee analysts and support staff, in conjunction with committee lead staff; reviewing staff work against professional and technical standards; meeting on an ongoing basis with staff on the team leader's team to ensure that the work program goals are being met and necessary training provided as well as providing quarterly reviews and preparing performance evaluations. Subject to the confidentiality rules in subsection F. of this section, policy staff are expected to keep the policy staff director and team leader staff informed about their assignments and any issues that may arise.
5. Committee lead staff. The committee lead staff for a committee is responsible for working with policy staff director and team leader staff in ensuring adequate staff resourcing to meet the needs of the committee, managing the administrative work of the committee, including ensuring that committee agendas are prepared, approved by the committee chair and distributed in a timely manner.
E. Scope of work.
1. The first priority of policy staff is to support committee work responsibilities as established by the council and carried out under the direction of the committee chair. Their second priority is to support committee members' work requests. Their third priority is to support noncommittee members' work requests related to the work of the committee. Their fourth priority is to accomplish all other work requests from councilmembers. The committee chair shall make reasonable provisions for each priority.
2. If policy staff believe that a work request cannot be accomplished consistent with the above priorities, they should discuss the issue with the committee chair, the lead staff for the committee and with the policy staff director, subject to the limitations identified in subsection F. of this section concerning confidentiality.))
F. ((Confidentiality.
1.)) Councilmembers may request ((an administrative staff or a policy staff member)) staff to perform work and keep the nature of the work confidential. ((However, administrative analytic staff may)) The work may be shared with legal counsel, the clerk and the code reviser unless the councilmember specifically directs otherwise. Administrative services staff shall apprise the chief of staff and ((policy)) legislative services staff ((may)) shall apprise the ((policy staff director as to)) chief policy officer of the requested work and time required to perform it. The ((policy staff director)) chief policy officer shall apprise the chief of staff of the councilmember requests and both the chief policy officer and chief of staff shall maintain the confidential nature of councilmember requests. ((2. Consistent with the reporting relationship and assignment rules in subsections B. through E. of this section, policy staff are expected to inform lead staff and the policy staff director about the amount of time required to perform the work.
3. Based upon staff assignment under OR 1-020.B, if administrative staff or policy staff believe)) If an administrative or legislative services staff believes that a work request by a councilmember is contrary to adopted council rules or violates the staff's professional ethics, the staff may consult with the ((policy staff director)) chief policy officer, the chief of staff or ((lead)) staff's supervisor, and for this purpose may disclose the information necessary to identify the problem. The ((policy staff director and)) chief policy officer, chief of staff and the staff's supervisor shall maintain the confidential nature of the request.
G. ((Staff assistance. Based upon staff assignment under OR 1-020.B, a))Administrative services staff should seek the assistance of the chief of staff and ((policy)) legislative services staff should seek the assistance of the ((policy staff director)) chief policy officer to resolve any concerns regarding performance of ((their)) the staff's assigned duties.
IX. Motion 11327, Sections II, as amended, and OR 3-101 are each hereby rescinded.
X. The chief of staff is directed to update job descriptions to reflect the department and position titles in this motion.