Drafter

Clerk 10/18/2022

Title

AN ORDINANCE related to the procurement of clothing and uniforms; and adding a new section to K.C.C. chapter 2.93.

Body

STATEMENT OF FACTS:

1.  The council received community input from members of Girl Scout Troop 41653 related to availability of uniforms and clothing options for county employees, particularly for those employees who identify as female and those employees who are pregnant and required to wear uniforms and clothing during pregnancy.

2.  A review of current uniform contracts conducted by the county's finance and business operation division indicated that contracts related to uniforms and clothing do not have consistent specifications, as provided by departments, that include gender-specific options for employees who wear uniforms, particularly for those employees who identify as female and those employees who are pregnant and required to wear uniforms and clothing during pregnancy.

3.  A survey conducted by council staff of county department and office representatives found that there are currently no formal practices in place throughout county government to solicit input from employees on the condition of the uniforms and clothing provided or on future uniform and clothing specification requests.  Moreover, the survey also found that some voluntary inputs were received from Metro transit department employees on the lack of options for those who are pregnant, the need for more larger sizes and the need for women's cuts for uniforms and clothing worn by vehicle maintenance and facilities employees.  Other than the Metro transit department employees there has been no other voluntary input on uniforms and clothing from employees.

4.  The King County Equity and Social Justice Strategic Plan states the importance of listening to employees, understanding their needs and responding to those needs is necessary to ensure that employees provide high quality services to all of our communities.

5.  In accordance with Section 840 of the King County Charter, the county shall not discriminate with respect to employment on account of sex and sexual orientation or gender identity or expression.  Ordinance 19026 codified that charter-based requirement throughout the King County Code.  Where applicable in the code, Ordinance 19026 also defined "sexual orientation" and "gender identity or expression" to reflect the current understanding of those definitions.  The ordinance was also a reflection of the evolving nature of language and the diversity of King County's communities.

6.  An article in the June 2022 (Volume 15 Issue 6) e-newsletter of the U.S. Department of Justice's Office of Community Oriented Policing Services, entitled Gender-Neutral Uniform and Grooming Policies, states that for nonbinary officers, binary uniforms do not fit the officers' bodies or gender presentations.  The article states that gender-neutral uniforms or gender inclusive uniforms can eliminate that issue and significantly reduce psychological distress for both trans and nonbinary officers, as well as for cisgendered officers who are temporarily or permanently unable to fit a too-narrow binary standard.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  It is the policy of King County that all county departments, agencies and offices shall make a range of uniforms and clothing available for employees to choose from, including gender-inclusive uniforms and clothing options that shall be suitable for any employees of any gender identity or expression and therefore not conform to a single gender fit, style or presentation, maximizing consistency in county practices and promoting fiscal responsibility of county moneys.  The manager of the finance and business operation division or designee shall coordinate with county departments and offices to solicit input from employees to compile specifications necessary to implement multiple uniform and clothing options.  Departments and offices shall also solicit input from their employees at least once a year to determine the level of satisfaction with the uniform and clothing options, and such input shall be forwarded to the manager of the finance and business operations division or its designee.

                     NEW SECTION.  SECTION 2.  There is hereby added to K.C.C. chapter 2.93 a new section to read as follows:

                     A.  The manager shall ensure that procurement of uniforms and clothing include uniforms and clothing options suitable for employees of all gender identities or expressions represented in the department, agency or office requesting such a procurement.  The manager shall also ensure that procurement of uniforms and clothing includes uniforms and clothing suitable for pregnant employees who are required to wear uniforms and clothing during pregnancy in the department, agency or office requesting such a purchase.  For the purposes of this section, "suitable" means meeting the tailoring specifications that will ensure that uniforms and clothing fit well and are comfortable for employees with different body types.

                     B.  The manager shall coordinate with the department, agency or office to solicit input from employees to compile uniform and clothing specifications necessary to comply with subsection A. of this section.

                     C.  The manager may solicit more than one formal solicitation, award contracts to multiple offerors or bidders, or both, to comply with subsection A. of this section.

                     D.  Any additional costs incurred from complying with this section shall be paid by county moneys and not be a burden or expense to employees.

                     SECTION 3.  Section 2 of this ordinance applies to contracts related to uniforms and clothing that are either new contracts or renewal of existing contracts, or both that go into effect on or after January 1, 2023.

                     SECTION 4.  A.  The executive shall transmit a report on the impacts to the procurement of uniforms and clothing as a result of implementing the policies and provisions required by this ordinance.  The report shall include, but not be limited to, the following:

                       1.  A list of contracts related to uniforms and clothing that complied with the policies and provisions as required by this ordinance;

                       2.  A list of contracts related to uniforms and clothing that have yet to comply with the policies and provisions as required by this ordinance with reasons for noncompliance;

                       3.  A fiscal summary by department of all additional costs incurred as a result of implementing the policies and provisions as required by this ordinance;

                       4.  A summary of input received from employees to compile specifications necessary for procurement as required by this ordinance;

                       5.  A summary of input received from employees on the level of satisfaction with uniforms and clothing after implementing the policies and provisions as required by this ordinance;

                       6.  Risks and challenges to implementing the policies and provisions as required by this ordinance, if any; and

                       7.  A summary of lessons learned and recommendations from implementing the policies and provisions as required by this ordinance, if any.

                     B.  The executive should electronically file the report no later than one year after the effective date of this ordinance with the clerk of the council, who shall retain an electronic copy and provide an electronic copy to all councilmembers, the council chief

of staff and the lead staff for the government accountability and oversight committee, or its successor.