File #: 2016-0112    Version: 1
Type: Ordinance Status: Passed
File created: 2/16/2016 In control: Metropolitan King County Council
On agenda: Final action: 2/16/2016
Enactment date: Enactment #: 18235
Title: AN ORDINANCE related to the appointment of the director of the office of law enforcement oversight; amending Ordinance 15611, Section 4, as amended, and K.C.C. 2.75.030; and declaring an emergency.
Sponsors: Larry Gossett
Attachments: 1. Ordinance 18235.pdf, 2. staff report.pdf

Drafter

Clerk 02/11/2016

Title

AN ORDINANCE related to the appointment of the director of the office of law enforcement oversight; amending Ordinance 15611, Section 4, as amended, and K.C.C. 2.75.030; and declaring an emergency.

Body

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  Findings:

                     A.  Section 265 of the King County Charter, which was approved by the voters in November 2015, provides in part that the King County office of law enforcement oversight "shall have a director who is appointed by a majority of the county council to serve a term of four years and until a successor is appointed."

                     B.  K.C.C. 2.75.030 prescribes, among other things, the process for appointment and removal of the director of the office of law enforcement oversight.

                     C.  K.C.C. 2.75.030.A. currently provides in part:  "The director shall be appointed by the executive and confirmed by the council." This provision was adopted before Section 265 of the King County Charter and is inconsistent with Section 265 of the King County Charter.

                     D.  K.C.C. 2.75.030.B. currently provides in part: "Candidates for appointment shall be selected by a committee of five members that shall recommend three candidates for the director position to the executive, one of which must be selected."  This provision, too, was adopted before Section 265 of the King County Charter and is inconsistent with Section 265 of the King County Charter in that K.C.C. 2.75.030.B. assumes that the selection committee's recommendation will be made to the executive, rather than the council.

                     E.  The recommendation of candidates for appointment to fill the current vacancy in the position of director of the office of law enforcement oversight is imminent.  Therefore, to support an existing county office, it is urgent that the provisions of K.C.C. 2.75.030 that are referred to in subsections C. and D. of this section be amended to conform to Section 265 of the King County Charter.

                     SECTION 2.  Ordinance 15611, Section 4, as amended, and K.C.C. 2.75.030 are each hereby amended to read:

                     A.  The director shall be appointed by ((the executive and confirmed by)) a majority of the council.  The executive shall conduct a nationwide search for the director to identify candidates with the following characteristics:

                       1.  A reputation for integrity and professionalism, as well as the ability to maintain a high standard of integrity in the office;

                       2.  An understanding of and a commitment to the responsibilities of the office;

                       3.  Demonstrated leadership and a history of effective management and administration;

                       4.  The ability to gain the trust and respect of sheriff's office employees;

                       5.  The ability to work effectively with the executive, council, prosecuting attorney and sheriff, as well as other public agencies, labor organizations, private organizations and citizens;

                       6.  An openness to innovation and new ideas;

                       7.  Sensitivity to and knowledge of the particular needs and concerns of minorities and women in a law enforcement setting;

                       8.  The ability to work effectively under pressure with controversial issues and the ability to effectively communicate with diverse groups;

                       9.  No history of employment in the sheriff's office;

                       10.  A history that includes the establishment of a reputation for even-handedness and fairness in dealing with both complainants and regulated parties; and

                       11.  The selected director must pass a complete criminal background check prior to confirmation.

                     B.  Candidates for appointment shall be selected by a committee of five members that shall recommend three candidates for the director position to the ((executive, one of which must be selected)) council.  The selection committee shall be composed of:  one member appointed by the King County Police Officers' Guild; one member appointed by the Puget Sound Police Managers' Association; one member appointed by the chair of the county council; and one member appointed by the county executive.  The fifth member shall be appointed by the other four members.  If none of the three recommended candidates has the support of a majority of the council, the council may direct by motion the commencement of a new recruitment and recommendation process.

                     C.  The director shall serve a term of four years, unless removed for cause at any time by motion approved by a majority of the council, and shall be considered by the county council for reappointment at the end of each term of office.

                     D.  The director, with consultation of the council and within the amount available or budgeted by appropriation, may employ staff or use the services of consultants as may be necessary for conduct of the office's duties.  These employees or contractors must pass a complete criminal background check before employment.

                     SECTION 3.  The county council finds as a fact and declares that an emergency exists and that this ordinance is necessary for the immediate preservation of public peace,

health or safety or for the support of county government and its existing public institutions.