Drafter
Clerk 11/05/2008
Title
AN ORDINANCE relating to council rules and order of business for regional committees; and amending Ordinance 11683, Section 7, as amended, and K.C.C. 1.24.065.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 11683, Section 7, as amended, and K.C.C. 1.24.065 are each hereby amended to read as follows:
Rule 7: Regional committees.
A. Establishment. Three regional, standing committees are established as provided under the King County Charter to develop, recommend and review regional policies and plans for consideration by the council: the regional transit committee, the regional water quality committee and the regional policies committee.
B. Membership.
1. Composition of committees.
a. The regional policies committee and regional transit committee are to each have ((twelve)) nine voting members. ((Six)) Three members of each committee, including the chair of each, must be county councilmembers appointed by the chair of the council and must include councilmembers from districts with unincorporated residents. Each county councilmember vote shall be weighted as two votes. The chair of the county council shall also appoint the chair of each committee. The remaining members of each committee must be local elected city officials appointed from and in proportion to the relative populations of the city of Seattle and the other cities and towns in the county. Cities and towns other than the city of Seattle may appoint two persons for each of their allocated memberships in each committee, each person with one-half vote. A vice-chair of each committee shall be elected by majority vote of the committee members who are not county councilmembers.
b. The regional water quality committee is to have ((twelve)) nine voting members. ((Six)) Three members of the committee, including the chair, must be county councilmembers appointed by the chair of the council, and must include councilmembers from districts with unincorporated residents. The chair of the county council shall also appoint the chair of the committee. Each county councilmember vote shall be weighted as two votes. The remaining members of the committee must be local elected city officials appointed from and in proportion to the relative populations of the city of Seattle and the other cities and towns in the county, and two members from special purpose districts providing sewer service in King County. Cities and towns other than the city of Seattle may appoint two persons for each of their allocated memberships, each person with one-half vote. Special purpose districts located outside of the county that receive sewerage treatment services from the county may jointly designate one nonvoting representative to serve on the committee. A vice-chair of the committee shall be elected by majority vote of the committee members who are not county councilmembers.
2. Alternating memberships. Each appointing authority may alternate members in accordance with the procedures established by the authority. The appointments must be announced at the beginning of each regional committee meeting to the committee chair or vice-chair and committee secretary by a person authorized by the appointing authority. Each appointing authority shall identify those members to receive mailings and notices of meetings.
3. Powers and duties of the chair. The chair of the committee has the following powers and duties:
a. The chair shall:
(1) call the committee to order at the hour appointed for meeting and, if a quorum is present, shall cause the minutes of the previous meeting to be approved;
(2) proceed with the order of business; and
(3) adjourn the committee upon a motion to adjourn approved by a majority of members present;
b. The chair shall preserve order and decorum and in the interest of efficiency may impose time and subject matter limits for testimony and comment given by the public and members of the committee;
c. The chair shall promote efficient operation of the committee. The chair's act of adding to, removing from or taking out of order an item on a distributed and posted agenda may be appealed to the full body by members whose cumulative voting power is at least two votes. The chair shall discourage activities that are dilatory or disruptive. The chair shall endeavor to facilitate the will of the majority of members present at all times;
d. The chair may speak to points of order, inquiry or information in preference to other members. Upon a ruling of the chair on a point of order, the chair shall allow any members whose cumulative voting power is at least two votes to immediately request that the decision be placed before the body. If a majority of votes present agrees to the ruling of the chair, the business of the committee must proceed without further debate. If a majority of the votes present does not support the ruling of the chair, the chair shall immediately allow a procedural motion to dispense with the issue in question, proceeding until a decision of the committee is secured and the business of the committee is allowed to proceed; and
e. The chair shall provide copies to all committee members of all official communications and requests for committee action addressed to the chair.
4. Powers and duties of the vice-chair.
a. There shall be one vice-chair of each committee.
b. At committee meetings, the vice-chair shall exercise the duties, powers and prerogatives of the committee chair in the chair's absence.
5. Chair actions, vice-chair consultation.
a. The chair shall consult with the vice-chair in:
(1) developing a draft work program for consideration by the full committee;
(2) setting a schedule for carrying out the committee's work program; and
(3) cancelling or changing the date, time or place of committee meeting.
b. If the vice-chair disagrees with a chair's proposed decision regarding the matters under subsection B.5.a. of this rule, the chair shall not take unilateral action and shall refer the matters to the full committee.
C. Quorum, notice and voting. Members representing six and one-half votes constitute a quorum of a regional committee. In the absence of a quorum, the committee may perform all committee functions except for voting on legislation or a work program. Notice of all regular and special meetins must be provided as specified in the Open Public Meetings Act of 1971, chapter 42.30 RCW, and notice must be given to members of the committees, including members who at any time during the calendar year have served on the committee or have been designated by their appointing authority to receive notice. All recommendations of a regional committee on council-referred ordinances or motions must be approved by a majority of the members present and voting ((and must consist of at least)), with no fewer than three and one-half affirmative votes. All recommendations must be signed only by members who were present and voting on the matter and be made on a committee report form supplied by the council. There may not be voting by proxy.
D.1.a. Referral to the regional transit committee. The chair of the council shall refer to the regional transit committee countywide policies and plans related to the transit services formerly provided by the municipality of metropolitan Seattle. If a standing committee of the council is considering an issue that, upon the standing committee's subsequent review, the standing committee believes should be considered as a countywide policy or plan related to transit, then the standing committee shall so inform the chair of the council. The chair of the council may then determine whether the policy or plan is to be referred to a regional committee.
b. Referral to the regional water quality committee. The chair of the council shall refer to the regional water quality committee countywide policies and plans related to the water quality services formerly provided by the municipality of metropolitan Seattle. If a standing committee of the council is considering an issue that, upon the standing committee's subsequent review, the standing committee believes should be considered as a countywide policy or plan related to water quality, then the standing committee shall so inform the chair of the council. The chair of the council may then determine whether the policy or plan is to be referred to a regional committee.
2. Regional policies committee work program. The regional policies committee shall establish its subject matter through a work program adopted by ((ordinance by the council)) a majority of those committee members present and voting, with no fewer than three and one-half affirmative votes, though the work program shall be limited as provided by charter or ordinance, including but not limited to, subsection K. of this rule. Once the work program is adopted, all regional policies and plans related to the subject matter must be referred to the committee by the council.
3. Provisions applicable to referrals by council chair and rereferrals. Referrals by the council chair or rereferrals are subject to the procedures, rights and constraints of Rules 13, 17 and 26, K.C.C. 1.24.125, 1.24.165 and 1.24.255.
((4. Proposals and recommendations. If a regional committee develops a proposed countywide policy or plan, or amendment or repeal of a policy or plan, and adopts a recommendation with respect to the policy, plan, amendment or repeal, a county councilmember may introduce the appropriate legislation to adopt the recommended policy or plan.))
E. Time for review -- committees. A regional committee shall review legislation referred to it by the county council within one hundred twenty days of the legislation's referral or such other time as is jointly established by the council and the committee, which shall be confirmed in the form of a motion adopted by the council. However, the committee may request, and the county council may grant by motion, additional time for review. If the committee fails to act upon the proposed policy or plan within the established time limit, the county council may adopt the proposed policy or plan upon six affirmative votes.
F. Time for review - council. The council shall amend, adopt or defeat the legislation referred to a regional committee within ninety days after receipt of an initial regional committee recommendation. However, upon receipt of the council chair's written request for an extension of the time limit, the committee may approve the request in writing by a majority vote at a special meeting or the next regular meeting of the committee.
G. Adoption.
1. A proposed policy or plan recommended by a regional committee may be adopted, without amendment, by the county council by five affirmative votes.
2. A proposed policy or plan that differs from the policy or plan recommended by a regional committee may be adopted by the county council by six affirmative votes after the regional committee has had the opportunity to review all county council amendments.
H. Amendments and rereferral.
1. If the county council votes before the final passage to amend a proposed policy or plan that has been reviewed or recommended by a regional committee, the proposed policy or plan, as amended, must be referred to the appropriate regional committee for further review and recommendation.
2. The timeline for the committee's review after rereferral may not be greater than sixty days. However, the committee may request, and the county council may grant by motion, additional time for review. The committee may concur in, dissent from or recommend additional amendments to the policy or plan.
3. The council shall amend, adopt or defeat the legislation within sixty days after receipt of a regional committee recommendation following rereferral by the council.
I. Regional committee consideration of other regional issues. The chair of the council may request that one or more regional committees examine and comment upon other pending issues that are not countywide policies or plans but would benefit from interjurisdictional discussion. The issues may include, but are not limited to, operational, organizational or implementation measures for countywide plans and policies. This type of regional committee analysis and comment is not subject to the mandatory procedural requirements of Section 270.30 of the King County Charter and the county council may need to act on such issues before comment from the regional committee.
J. The regional committee is governed by the King County Charter, the King County Code and, except to the extent expressly provided otherwise, the rules and procedures established for standing and special committees in this chapter.
K. Role of regional committees.
1. A regional committee shall focus on planning and policy setting in program areas where it has been determined that regional service or facility planning is required and in area where it is agreed the opportunity and need for the planning exist. A regional committee is not responsible for routine review and recommendation on operational and administrative matters such as contracts, budgets, appropriations, and fares and rates, formerly performed by the council of metropolitan Seattle. A regional committee may, however, deal with policies to develop fares and rates within the committee's subject matter area.
2. The regional transit committee shall develop, review and recommend countywide policies and plans related to the transportation services formerly provided by the municipality of metropolitan Seattle. Plans and policies that must be assigned to the committee include, but are not limited to, the long-range transit system and capital improvement plans, service design, development and allocation policies, financial policies, fare policies, facility siting policy and major facilities siting process, and review and comment upon Regional Transit Authority plans.
3. The regional water quality committee shall develop, review and recommend countywide policies and plans related to the water pollution control functions formerly provided by the municipality of metropolitan Seattle. Plans and policies that must be assigned to the committee include, but are not limited to, water quality comprehensive and long-range capital improvement plans, service area and extension policies, rate policies, and the facility siting policy and major facilities siting process.
4. The regional policies committee shall review and recommend regional policies and plans, other than transit and water quality plans, that are within the subject matter area for the committee. Also, the committee may develop proposed policies and plans on issues of countywide significance but, unless referred to the committee by the county council, the policies and plans are not subject to the procedural requirements of Section 270.30 of the King County Charter. Issues that may be referred to the committee or be the subject of the committee's policy development include, but are not limited to, public health, human services, open space, housing, solid waste management, regional services financial policies, criminal justice, jails and district court services, and regional facilities siting. In addition, the regional policies committee may consider major regional governance transition and consolidation issues, particularly those involving potential changes in organization and responsibilities with other county, city or regional organizations.
L. Policies or plans proposed by regional committees. A regional committee may develop and propose directly to the council, an ordinance or motion adopting, amending or repealing a countywide policy or plan regarding regional transit, water quality or other countywide policies and plans within the subject matter area of the committee. The proposals must be approved by a majority of the committee members present and voting, with no fewer than three and one-half affirmative votes. For purposes of this subsection, "the subject matter area" of the regional policies committee includes matters in the committee's adopted work program. Within one hundred twenty days of introduction by the committee, the council or a standing committee shall consider the proposed legislation and take such action on the proposed legislation as the council or standing committee deems appropriate, including approval, rejection, amendment and rereferral, postponement or any other action of record during a council or standing committee meeting. Within five calendar days following council or standing committee action, the clerk of the council or the standing committee shall notify the vice-chair of the committee of the action taken. If the council amends the proposed legislation, the procedures described in subsection H. of this rule shall be followed, except that the council's duty to act on the legislation under subsection H.3. of this rule shall be satisfied by approval, rejection, amendment and rereferral, postponement or any other action of record taken during a council or standing committee meeting within sixty days following receipt of the legislation from the regional committee.
M. To assist each regional committee in evaluating countywide policies and plans, the committee may conduct public meetings and hearings and request briefings and other information from citizens, county, state and local agencies, business entities and other organizations.
SECTION 2. This ordinance takes effect ten days following and only upon the certification by the canvassing board of voter approval in November 2008 of the
proposed amendments to Sections 230.10, 270.20 and 270.30 of the King County Charter, pertaining to the regional committees.