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AN ORDINANCE regarding membership on the King County board of health; and amending Ordinance 19418, Section 1, as amended, and K.C.C. 2.35.021, Ordinance 19418, Section 3, as amended, and K.C.C. 2.35.022, Ordinance 19418, Section 4, as amended, and K.C.C. 2.35.024, and Ordinance 19418, Section 5, as amended, and K.C.C. 2.35.026.

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STATEMENT OF FACTS:

1.  Created in 2004 in accordance with state law, the King County board of health sets countywide public health policy, enacts and enforces local public health regulations and carries out the duties of local boards of health as specified in RCW 70.05.060 including preventing and controlling the spread of infectious disease, abating nuisances and establishing fee schedules for licenses and permits.

2.  In May 2025, Engrossed Second Substitute House Bill 1946 was signed into law as Chapter 260, Laws of Washington 2025, clarifying tribal membership on local boards of health.  Chapter 260, Laws of Washington 2025 requires that the membership of the King County board of health be modified to include a tribal representative from any federally recognized tribe whose reservation or trust lands are within the county; and any urban Indian organization recognized by the Indian health service, registered as a 501(c)(3) organization in Washington that serves American Indian and Alaska Native people, and is providing services within the county.  Those changes to state law go into effect on July 27, 2026.

3.  Additionally, Chapter 260, Laws of Washington 2025 requires the Washington state Board of Health to clarify its local board of health composition rules and timelines for including tribal representation on local boards of health in Chapter 246-90 WAC.  The new rules are expected to be effective by July 27, 2026.

4.  The King County board of health administrator reached out to the eligible tribes and 501(c)(3) organization including the Snoqualmie Tribe, the Muckleshoot Tribe, the Puyallup Tribe, and the Seattle Indian Health Board, in order to create the new board positions for tribal members to begin their terms on January 1, 2026, to provide an opportunity for the new members to join the board before the effective date of Chapter 260, Laws of Washington 2025.  The Puyallup Tribe, which has trust lands in King County, respectfully declined the offer for a board member position to seat a representative on the board of health in 2026 but requested outreach again in 2026.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  Ordinance 19418, Section 1, as amended, and K.C.C. 2.35.021, are hereby amended to read as follows:

                     A.  The King County board of health shall consist of the following members:

                       1.  ((Three)) Four members of the metropolitan King County council and one alternate to be appointed by the chair of the council.  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;

                       2.  Three elected officials of the city of Seattle and one alternate to be appointed by the city;

                       3.  ((Two)) Three elected officials from cities and towns of King County other than Seattle and ((two)) three alternates 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.a.  In accordance with state law, the remaining members of the board of health ((shall equal the number of elected official members appointed under subsection A.1., 2., and 3. of this section,)) shall not be elected officials and, except for ((any member selected by the American Indian Health Commission of Washington State)) members included on the board under subsection A.4.d. of this section, must be recruited, selected and appointed in accordance with RCW 70.05.035(1)(a) and the rules required under RCW 43.20.300.

                         b.  One of the nonelected member candidates selected under RCW 70.05.035(1)(a)(i) should have knowledge of environmental health, including knowledge of septic systems and groundwater quality.

                         c.  Except for members included on the board under subsection A.4.d. of this section, ((T))the council shall appoint by motion the nonelected members from those selected by the board of health ((and any member selected by the American Indian Health Commission of Washington State in accordance with RCW 70.05.035)).

                         d.  Included among the nonelected board members shall be a representative from each tribe or 501(c)(3) organization meeting the qualifications of RCW 70.05.035(1)(e).

                         e.  In accordance with RCW 70.05.035(1)(l), members described in subsection A.4.a. and d. of this section shall be voting members except as it pertains to any decision related to the setting or modification of permit, licensing and application fees.

                         f.  In accordance with state law, the number of nonelected board members shall equal the number of elected official members appointed under subsection A.1., 2., and 3. of this section.

                       B.  The board shall elect the chair from the members described in subsection A.1 of this section.

                     SECTION 2.  Ordinance 19418, Section 3, as amended, and K.C.C. 2.35.022, are hereby amended to read as follows:

                     A.  Alternate members for regular, elected official member may be appointed according to the relevant procedures under K.C.C. 2.35.021. A.1., 2. or 3.  During the meeting, an alternate elected official member shall indicate when the alternate elected official member is serving in a regular elected official member's absence.  When serving in a regular member's absence, an alternate elected official member shall act as a regular elected official member.

                     B.  The council shall appoint three ((A))alternate ((nonelected)) members ((shall be appointed by the council in equal numbers as alternate members appointed under subsection A. of this section.  One of the alternate nonelected members shall be selected by the American Indian Health Commission for Washington State)) for nonelected members appointed under K.C.C. 2.35.021.4.a., with one alternate member appointed from each of the three categories identified in RCW 70.05.035(1)(a): public health, health care facilities, and providers; consumers of public health; and other community stakeholders.  Each regular nonelected member included on the board under K.C.C. 2.35.021.A.4.d. shall have one alternate member to be identified to the board by the same tribe or 501(c)(3) organization that selected the regular nonelected member under K.C.C.2.35.021.4.d.  During the meeting, an alternate nonelected member shall indicate when the alternate nonelected member is serving in a regular nonelected member's absence.  When serving in a regular nonelected member's absence, an alternate nonelected member shall act as a regular nonelected member.

                     SECTION 3.  Ordinance 19418, Section 4, as amended, and K.C.C. 2.35.024, are hereby amended to read as follows:

                     A.  For each nonelected board member candidate selected by the King County board of health, the board shall provide the council with the name, biography, application materials and confirmation that the board member candidate meets the qualifications and requirements of RCW 70.05.035(1)(a) and was recruited and selected in accordance with the rules promulgated under RCW 43.20.300.  The board shall also indicate which of the three categories set forth in RCW 70.005.035(1)(a) each nonelected board member candidate was selected to represent.  In accordance with K.C.C. 2.35.026.B., the board shall also indicate the initial term for each nonelected member candidate.

                     B.  The board shall coordinate with ((the American Indian Health Commission of Washington State)) each tribe or 501(c)(3) organization that selects a regular and alternative nonelected member under this chapter to receive ((the commission's)) information about the ((commission's)) selected tribal representatives ((candidates)).

                     C.  For each of the alternate nonelected board candidates selected by the board, the board shall provide the council with the name, biography, application materials and confirmation that the alternate board member candidate meets the qualifications and requirements of RCW 70.05.035(1)(a) and was recruited and selected in accordance with the rules promulgated under RCW 43.20.300.  The board shall also indicate the term for each alternate nonelected member candidate.

                     D.  The board shall electronically transmit to the council the information required by subsections A.((, B.)) and C. of this section, together with one or more resolutions of its nonelected board member candidate and alternate candidate selections ((, the commission's tribal representative member and alternate selections to establish the expanded board membership required by RCW 70.05.035.  The initial resolutions must be electronically filed with the clerk of the council by no later than October 28, 2022)).  ((Subsequent r))Resolutions to fill positions of members described in K.C.C. 2.35.021.A.4.a. and their requisite alternates should be filed with the clerk no later than three months before the starting date of the term for the respective member or alternate candidate.  Within thirty days of receiving information from each tribe or 501(c)(3) organization that selects a regular and alternative nonelected member under this chapter, the board should electronically file the information with the clerk, who shall retain a copy and provide an electronic copy to the councilmembers who are members of the King County board of health.

                     SECTION 4.  Ordinance 19418, Section 5, as amended, and K.C.C. 2.35.026, are hereby amended to read as follows:

                     A.  All members described in K.C.C. 2.35.021. A.4.a. shall be eligible to serve for up to three full terms.  Except as otherwise provided in subsection B. of this section, for members described in K.C.C. 2.35.021. A.4.a., a full term shall be three years.  For members described in K.C.C. 2.35.021.A.4.d., their terms shall end upon the board receiving notice, from the tribe or the 501(c)(3) organization that selected the member, of the name of a new member to include on the board.

                     B.  For all members described in K.C.C. 2.35.021.A.4.a., their initial terms to the expanded board shall be as follows:  two members shall each serve a one-year term, three members shall each serve a two-year term and three members shall each serve a three-year term.  The board shall determine the initial term lengths primarily by member

preference.  Each of the initial terms shall be considered full terms when considering eligibility for service in future terms.