Drafter
Clerk 09/17/2026
Title
AN ORDINANCE relating to legislative branch independent agencies; and amending Ordinance 394, Section 1, as amended, and K.C.C. 2.20.010, Ordinance 18799, Section 11, and K.C.C. 2.20.085, Ordinance 473, Section 2, as amended, and K.C.C. 2.52.020, Ordinance 5869, Section 4, as amended, and K.C.C. 2.52.030, Ordinance 473, Section 15, as amended, and K.C.C. 2.52.030, Ordinance 15611, Section 4, as amended, and K.C.C. 2.75.030, Ordinance 263, Article 5, Section 2, as amended, and K.C.C. 20.22.020, and Ordinance 11502, Section 19, as amended, and K.C.C. 20.22.310.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 394, Section 1, as amended, and K.C.C. 2.20.010, are hereby amended as follows:
A. The auditor shall be appointed by motion by a majority of the council to implement and manage the duties of the auditor's office. The auditor shall serve for a term of four years, unless removed for cause at any time by an affirmative vote of at least two-thirds majority of the council, and shall be considered for reappointment at the end of each term. The process for reappointment consideration should begin within the three months before the expiration of a term. If the position becomes vacant for any reason, including nonreappointment, the council may appoint an interim auditor by motion.
B. The auditor ((shall)) should be selected by the council through a nationwide search using a merit-based selection process that includes screening by experienced performance auditors.
C. The auditor shall possess adequate professional proficiency and characteristics for the job. The auditor shall:
1. Be able to analyze problems of performance, program operations, financial management and administration, internal controls and public policy;
2. Have a track record of integrity, acting without bias, conducting professional interactions diplomatically and effectively managing personnel;
3. Not be actively involved in partisan affairs; and
4. Pass a complete criminal background check before appointment.
D. ((The auditor shall serve a term of four years, unless the council passes a motion with at least six affirmative votes to remove the auditor for cause, and shall be considered for reappointment at the end of each term.
E.)) Within available appropriation, the auditor:
1. May employ staff as necessary for conduct of the auditor's duties; and
2. Shall be the appointing authority for the auditor's office staff and shall consult with the council before appointment, advancement or removal of staff; and
3. May enter into a contract for consultant services for fifty thousand dollars or less without prior authorization by council motion.
SECTION 2. Ordinance 18799, Section 11, and K.C.C. 2.20.085 are hereby amended to read as follows:
The auditor shall administer the following programs:
A. The capital project oversight program, which shall consist of oversight, audits or studies of operations, programs or services performed related to the county's capital programs. To accomplish the work of the capital project oversight program, the auditor shall:
1. Assign a program manager and may use personnel with expertise in capital projects, retain independent consulting services with appropriate expertise or both;
2. Include capital projects, capital programs or other areas for capital project oversight in the work program; and
3. By ((July)) June 1 of each even-numbered year, publish a report summarizing capital project oversight work completed by the auditor and implementation by agencies in the last twenty-four months;
B. The transit audit program, which shall consist of audits or studies of operations, programs or services performed by the department of transportation, transit division, or its successor. To accomplish the work of the transit audit program, the auditor shall:
1. Assign a program manager and may use personnel with expertise in transit, retain independent consulting services with appropriate expertise or both;
2. Include a minimum of two transit audits per biennium on the work program; and
3. By ((July)) June 1 of each even-numbered year, publish a report summarizing the transit audit program work completed by the auditor and implementation by transit agencies in the last twenty-four months; and
C. The law enforcement audit program, which shall consist of audits or studies of operations, programs or services performed by the sheriff's office and other county agencies related to law enforcement. To accomplish the work of the law enforcement audit program, the auditor shall:
1. Assign a program manager and may use personnel with expertise in law enforcement, retain independent consulting services with appropriate expertise or both;
2. Include a minimum of two audits of law enforcement per biennium on the work program; and
3. By ((July)) June 1 of each even-numbered year, publish a report summarizing the law enforcement program work completed by the auditor and implementation by law enforcement agencies in the last twenty-four months.
SECTION 3. Ordinance 473, Section 2, as amended, and K.C.C. 2.52.020 are hereby amended to read as follows:
A. In accordance with Section 260 of the King County Charter, the office of public complaints is established. The office shall consist of:
1. The ombuds division; and
2. The inspector general division.
B. The duties of the ombuds division shall include the following:
1. Inspection and investigation of alleged violations of the employee code of ethics under K.C.C. chapter 3.04;
2. Inspection and investigation of reports of improper governmental action and retaliation under K.C.C. chapter 3.42;
3. Inspection and investigation of possible violations of the lobbyist disclosure code under K.C.C. chapter 1.07; and
4. Serve as property tax advisor in accordance with RCW 84.48.140 and 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. The division shall routinely and at least annually publicize these services to the public.
C. The duties of the inspector general division shall include inspection and investigation of all suspected fraud, waste, and abuse of county-administered moneys. The inspector general division may receive assistance from the auditor with investigations of suspected fraud, waste, or abuse of county-administered moneys. In carrying out the duties of the inspector general division, its director should adhere to applicable professional standards and best practices, such as the Quality Standards for Investigations (2025) promulgated by the Council for Inspectors General on Integrity and Efficiency.
D. The division directors of the office of public complaints shall confer at the initial intake of a complaint to determine which division shall be responsible for the review and any follow up investigation of the complaint. If the directors are unable to determine which division should be responsible, the directors shall confer with the council chief of staff, who shall make the final decision of which division should be responsible for the complaint.
E. An administrative agency should notify the office of public complaints of all suspected fraud, waste, or abuse of county-administered moneys, including but not limited to complaints. Upon receipt of the notification and assignment of the matter to the inspector general division in accordance with this chapter, the inspector general division director shall determine whether the inspector general division will undertake an investigation or the administrative agency itself will investigate. If the inspector general division director determines the administrative agency will investigate, in any such investigation, the administrative agency should consult, coordinate, or collaborate with the inspector general division on the agency's investigation.
F. The organization and administration of the office shall be sufficiently independent to assure that interference or influence external to the office shall not adversely affect independent and objective review, investigations, and analysis by the office.
SECTION 4. Ordinance 5869, Section 4, as amended, and K.C.C. 2.52.030 are hereby amended to read as follows:
A.1. Both the ombuds division director and the inspector general division director of the office of public complaints shall be appointed by a majority of the((members of the county)) council.
2. For appointments made by the council before the effective date of this ordinance, ((E))each division director shall serve for a term of five years, unless removed for cause at any time by an affirmative vote of at least two-thirds((of the members)) majority of the ((county)) council ((upon their determination that the director 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 position otherwise becomes vacant)), and shall be considered for reappointment at the end of each term of office. The process for reappointment consideration should begin within the three months before the expiration of a term. If the position becomes vacant for any reason, including nonreappointment, the council may appoint by motion an interim division director.
3. For appointments made by the council on or after the effective date of this ordinance, each division director shall serve for a term of four years, unless removed for cause at any time by an affirmative vote of at least two-thirds majority of the council, and shall be considered for reappointment at the end of each term of office. The process for reappointment consideration should begin within the three months before the expiration of a term. If the position becomes vacant for any reason, including nonreappointment, the council may appoint by motion an interim division director.
B. Each division director 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 either experience or knowledge, or both, in local government commensurate to the powers of the office. During the term of which the director is appointed, the director shall be ineligible to hold any other public office of employment. The director shall not be a candidate for any public office for a period of two years following the completion of the director’s term as inspector general division director. The director shall not be included in the classified civil or career service of the county.
SECTION 5. Ordinance 473, Section 15, as amended, and K.C.C. 2.52.030 are hereby amended to read as follows:
A. In addition to whatever reports the office of public complaints may make from time to time, the ombuds division director shall report to the county council annually. The director shall electronically file the report by ((March))June 1 of each year 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 executive. The director shall also transmit that portion of the report related to ethics complaints, as described in subsection A.2. of this section, annually by ((March)) June 1 of each year, in the form of an electronic copy to the board of ethics administrator, who shall provide an electronic copy to all board members. The ombuds division annual report shall provide an overview of activities performed by the ombuds division during the prior calendar year, including, but not be limited to:
1. The status of the lobbyist disclosure program described in K.C.C. chapter 1.07 from the proceeding calendar year, including a summary of case outcomes of complaints alleging a violation of K.C.C. chapter 1.07 that are no longer eligible for appeal, resource issues, and any concerns and recommendations for program improvement raised by members of the public or county employees;
2. The status of the employee code of ethics program described in K.C.C. chapter 3.04 from the proceeding calendar year, including a summary of case outcomes of complaints alleging a violation of K.C.C. chapter 3.04 that are no longer eligible for appeal, resource issues, and any concerns and recommendations for program improvement raised by members of the public or county employees; and
3. The status of the whistleblower program described in K.C.C. chapter 3.42 from the preceding calendar year, including a summary of improper governmental action and retaliation claims processed during the reporting period, case outcomes of all claims investigated by the ombuds division, resource issues, any concerns raised by whistleblowers about the process, and any recommendations for program improvements. The ombuds division director is encouraged to seek feedback from participants in the whistleblower process when preparing the report.
B. In addition to reports from the office of public complaints, the inspector general division director of the office of public complaints shall report to the county council annually. The director shall electronically file the report by ((July)) June 1 of each year 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 executive. The inspector general division annual report shall provide an overview of activities performed by the inspector general division during the prior calendar year, including, but not be limited to:
1. An overview of inspections and investigations of suspected fraud, waste, and abuse of county-administered moneys, including a summary of case outcomes; and
2. The status of the King County fraud, waste, and abuse central reporting system established under K.C.C. 2.52.180, including any recommendations for reporting system improvement provided by members of the public or county employees.
SECTION 6. Ordinance 15611, Section 4, as amended, and K.C.C. 2.75.030, are hereby amended as follows:
A. The director shall be appointed by a majority of the council to implement and manage the duties of the oversight office.
B. The director ((shall)) should be selected by the council through a nationwide search through a merit-based selection process.
C. The selected director must pass a complete criminal background check before confirmation.
D. The director shall serve for a term of four years((,)) and until a successor is appointed unless removed for cause at any time by a majority of the council, and shall be considered for reappointment at the end of each term of office. The process for reappointment consideration should begin within the three months before the expiration of a term. If the position becomes vacant for any reason, including nonreappointment, the council may appoint by motion an interim director until a successor is appointed.
E. The director, consistent with the Organizational Motion of the council and within the resources available or budgeted by appropriation, may employ staff or use the services of consultants as may be necessary for conduct of the oversight office's duties.
SECTION 7. Ordinance 263, Article 5, Section 2, as amended, and K.C.C. 20.22.020, are hereby amended as follows:
A. The office of hearing examiner is created and shall act on behalf of the council in considering and applying adopted county policies and regulations. The examiner shall separate the application of regulatory controls from the legislative planning process, protect, and promote the public and private interests of the community, and expand the principles of fairness, due process, openness, and equity in public hearings.
B.1. The ((council shall appoint the)) hearing examiner ((to)) shall be appointed by a majority of the council. The hearing examiner shall serve for a term of four years and, unless removed for cause at any time by an affirmative vote of at least two-thirds majority of the council, and shall be considered for reappointment at the end of each term of office. The process for reappointment consideration should begin within the three months before the expiration of a term. If the position becomes vacant for any reason, including nonreappointment, the council may appoint by motion an interim hearing examiner.
2. The council may authorize the hearing examiner to hire a deputy examiner to assist the hearing examiner with the powers and duties described in subsection D. of this section.
3. The council may authorize the hearing examiner to create a roster of qualified persons to serve as examiner pro tempore, with the powers and duties described in subsection E. of this section.
C. Examiners shall be appointed solely based on their qualifications for the duties of their offices and shall have such training or experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge their other functions. They shall not hold another appointive or elective public office or position in county government except as authorized by the council by motion.
D. A deputy examiner shall assist the hearing examiner in performing the duties conferred upon the hearing examiner by ordinance and, in the event of the absence or the inability of the hearing examiner to act, has all the duties and powers of the hearing examiner.
E. The hearing examiner may appoint an examiner pro tempore to a case from the roster created in accordance with subsection B.3. of this section. Once appointed to a case, an examiner pro tempore has the same duties and powers as the hearing examiner.
F. ((The hearing examiner may be removed from office for just cause at any time by the affirmative vote of at least six members of the council.
G.)) Individual councilmembers, county officials, or any other persons, shall not interfere with, or attempt to interfere with, the performance of the designated duties of the examiner. The organization and administration of the office of hearing examiner shall be sufficiently independent to assure that no interference or influence external to the office shall adversely affect independent and objective review, decision making, and analysis by the office.
SECTION 8. Ordinance 11502, Section 19, as amended, and K.C.C. 20.22.310, are hereby amended as follows:
The office of the hearing examiner shall prepare an annual report to the council detailing the length of time required for hearings in the previous year, categorized both on average and by type of proceeding. The report shall provide commentary on office operations and identify any need for clarification of county policy or regulations. The office shall electronically file the report by ((March)) June 1 of each year with the clerk
of the council, who shall retain ((the original)) an electronic copy and provide an electronic copy to all councilmembers.