CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE related to the creation of the Office of the Community Police Commission within the Executive Department; amending Ordinance 124058 by establishing a budget control level, position authority and appropriations for the 2013 fiscal year; amending Section 1 of Ordinance 124021; creating new sections in Chapter 3.14 of the Seattle Municipal Code; and amending Section 4.13.010 of the Seattle Municipal Code to exempt a position from the Civil Service system; all by a 2/3 vote of the City Council.

WHEREAS, on July 27, 2012, the United States Department of Justice (DOJ) and the City of Seattle entered into a settlement agreement (Agreement) and memorandum of understanding (MOU) (collectively Agreements) related to ensuring police services are delivered to the people of Seattle in a manner consistent with the Constitution and laws of the United States; and

WHEREAS, on August 30, 2012, the United States District Court for the Western District of Washington provisionally approved the Agreement and ordered that the deadlines in the Agreement would run from August 27, 2012; and

WHEREAS, the Seattle Police Department (SPD) and the elected leadership of the City are committed to providing effective and constitutional policing for all of Seattle's residents and value the role of community input and participation to enhance and promote public safety; and

WHEREAS, the Agreements outline a substantive and meaningful role for the newly created Community Police Commission (CPC) to provide ongoing community input regarding the reform process; and

WHEREAS, on October 9, 2012, the Mayor issued Executive Order 02-2012 outlining the parameters for creating the CPC in order to begin the application process for selecting members; and

WHEREAS, City Council by Ordinance 124021 established the CPC and its purposes and duties, consistent with and complementary to the Agreement and MOU regarding the role of the CPC in order to provide additional clarity to CPC members and transparency for members of the public; and

WHEREAS, on March 12, 2013, the Court approved the Monitoring Plan that envisions the CPC as "a powerful, independent policymaking body that proceeds carefully based upon evidence and whose conclusions and recommendations have great integrity and persuasive power"; and

WHEREAS, the City will provide the staff support necessary for the CPC to perform all of the duties and responsibilities outlined in this ordinance and the Agreements; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Budget Control Level. The 2013 Adopted Budget is amended with the creation of the Office of the Community Police Commission budget control level (BCL) in the Executive Department added to Attachment A of Ordinance 124058 as follows:

Item	Fund	Department	BCL Code	BCL Name	BCL Purpose
1.1	General Subfund	Executive Department	X1P00	Office of the Community Police Commission	The purpose of the Office of the Community Police Commission BCL is to leverage the ideas, talents, experience, and expertise of the community to provide ongoing community input into the development of Seattle Police Department reforms, the establishment of police priorities, and facilitation of police/community relationships necessary to promote public safety.

Termination of this BCL may not occur prior to the termination of the settlement agreement between the United States and the City.

Section 2. 2013 Funding Appropriation. The appropriations for the following items in the 2013 Budget are modified, as follows:

Item	Fund	Department	Budget Control Level	Amount
2.1	General Subfund (00100)	Executive Department	Office of the Community Police Commission (X1P00)	$362,865
2.2	General Subfund (00100)	Finance General	Reserves (2QD00)	($362,865)
Total				$0

Funding in future years will be appropriated through the annual budget process.

Section 3. Position Authority. To carry out the purposes of the appropriation in Item 2.1, the following new positions, which are exempt from Civil Service and Public Safety Civil Service rules and laws, are created in the Executive Department -Office of the Community Police Commission:

Item	Department	Position Title	Position Status	Number
3.1	Executive Department	Strategic Advisor 3, Exempt	Full-time	1.0
3.2	Executive Department	Strategic Advisor 2, Exempt	Full-time	1.0
3.3	Executive Department	Administrative Staff Assistant	Full-time	1.0

These positions are created upon the effective date of this Ordinance.

Section 4: Section 1 of Ordinance 124021 is amended as follows:

Section 1. Commission Established. The City of Seattle hereby establishes the Community Police Commission. The CPC will consist of 15 members and remain in existence until terminated by the City, but this termination may not occur prior to the termination of the settlement agreement between the United States and the City of Seattle. Within six months of the termination of the settlement agreement by the Federal Court, the Mayor and City Council will assess the need for continuation of the CPC and the Office of the Community Police Commission.

Section 5. A new Subchapter IX to Chapter 3.14 is added to the Seattle Municipal Code as follows:

Subchapter IX

Office of the Community Police Commission

3.14.981 Background. On July 27, 2012, the United States Department of Justice and The City of Seattle entered into a Settlement Agreement and Memorandum of Understanding (collectively Agreements) related to ensuring police services provided by the Seattle Police Department are delivered to the people of Seattle in a manner consistent with the Constitution and laws of the United States. The Agreements outline a substantive and meaningful role for a newly created Community Police Commission.

3.14.982 Office created -Purpose.

There is created within the Executive Department an Office of the Community Police Commission, under the direction of the Mayor. The purpose of the Office of the Community Police Commission is to provide staff support to the Community Police Commission created by Executive Order 02-2012 and Ordinance 124021. It is intended that if the Community Police Commission is terminated, this staff support will be eliminated.

3.14.983 Executive Director -Appointment and Removal.

A. The Executive Director of the Office of the Community Police Commission shall be appointed by the Mayor, subject to confirmation by a majority vote of all members of the City Council and the Commission, and may be removed by the Mayor at any time upon filing a statement of reason with the City Council and the Commission.

B. In case of a vacancy, the Mayor may appoint an interim Executive Director for a period not to exceed 120 days from the date of appointment. The Mayor shall appoint an Executive Director before the end of the interim appointment for confirmation by the City Council.

3.14.984 Executive Director -Duties.

The duties of the Executive Director of the Office of the Community Police Commission are as follows:

A. Oversee and manage the functions of the Office of the Community Police Commission to advance the mission of the Office and perform other duties as the Commission may prescribe;

B. Appoint, remove, supervise and control officers and employees in the Office of the Community Police Commission;

C. Manage the preparation of the proposed budget of the Office of the Community Police Commission, authorize necessary expenditures and enter into contracts for professional and expert services in accordance with the adopted budget, develop and manage programs, and undertake authorized activities;

D. Execute, administer, modify and enforce such agreements and instruments as he or she shall deem reasonably necessary to implement programs and carry out the responsibilities, functions, and activities of the Office of the Community Police Commission; apply for grants and donations for department programs; and solicit and use volunteer services;

E. Serve, in conjunction with other affected Department heads, as the City's representative to boards, commissions, and organizations engaged in issues pertaining to Constitutional policing;

F. Exercise such other and further powers and duties as shall be prescribed by ordinance; and

H. Report to the Commission, Mayor, City Council, Monitor, and public on the City's efforts to advance the mission of the Office of the Community Police Commission.

Section 6. Section 4.13.010 of the Seattle Municipal Code, last amended by Ordinance 124092 is amended as follows:

4.13.010 Exemptions from the Civil Service and Public Safety Civil Service Systems.

Employment Unit			Titles of Exempt Positions
1.	All Employing Units		Administrative Secretary
			Assistant to the Superintendent
			All legal advisors and associate legal advisors to employing units
			Apprentice
			Executive 1
			Executive 2
			Executive 3
			Executive 4
			IT Professional A, Exempt
			IT Professional B, Exempt
			IT Professional C, Exempt
			Manager 1, Exempt
			Manager 2, Exempt
			Manager 3, Exempt
			Office/Maintenance Aide
			Strategic Advisor 1, Exempt
			Strategic Advisor 2, Exempt
			Strategic Advisor 3, Exempt
In addition to the Titles of Exempt Positions in All Employing Units the positions listed below are exempt from civil service in the specified departments.
2.	Arts and Cultural Affairs, Office of	None
3.	Auditor, Office of the City	All positions in the Office of the City Auditor except clerical positions classified in the Administrative Support class series
4.	City Budget Office	Admin Staff Analyst (PosNo. 00017844)
		Executive Assistant (PosNo. 00016933)
5.	City Light	City Light Superintendent
		Power Marketer
		Electric Utility Executive 3, Officer
		Electric Utility Executive 3, Director (not Officer level)
		Electric Utility Executive 2
		Electric Utility Executive 1
		Finance Analyst, Senior (PosNo. 10004697)
6.	Civil Service Commission	Administrative Staff Assistant (PosNo. 00025687)
7.	Executive	Administrative Staff Assistant (OCPC)
		Administrative Staff Assistant (OED) (PosNo. 10002037)
		Administrative Staff Assistant (OOH) (PosNo. 00017417)
		Administrative Staff Analyst (OSE) (PosNo. 10004696)
		All directors of offices in the Executive Department
		All positions in the Office of the Mayor
		Community Development Specialist (OED) (PosNo. 10004691)
		Executive Assistant (OED) (PosNo. 00025562)
8.	Department of Finance and Administrative Services	Claims Adjuster FAS
		Investments/Debt Director
		Investments/Debt Director, Assistant
9.	Fire	All positions included in the Public Safety Civil Service are exempt from Chapters 4.04 and the rules of City Personnel and the Civil Service Commission regarding examination, selection, discipline, termination and appeals.
		Executive Assistant, Senior (PosNo. 00007594)
10.	Hearing Examiner, Office of	All positions in the Office of Hearing Examiner, except clerical positions classified in the Administrative Support an d Accounting Support class series
11.	Human Services	Executive Assistant, Senior (PosNo. 00011390)
12.	Information Technology, Department of	Executive Assistant, Senior (PosNo. 00026709)
13.	Law	All positions in the Law Department, except clerical positions classified in the Administrative Support and Accounting Support class series
14.	Legislative	All positions in the Legislative Department, except clerical positions classified in the Administrative Support and Accounting Support class series
15.	Municipal Court	All Municipal Judges, Magistrates, and Court Commissioners
		All positions in the Probation Counselor class series
		Administrative Specialist III (PosNo. 00023563)
		Research and Evaluation Assistant (PosNo. 00011478)
		Bailiff
		Bailiff, Chief
		Executive Assistant (PosNo. 00016207)
		Executive Assistant, Senior (PosNo. 00011524)
		Municipal Court Marshal
		Municipal Court Marshal, Senior
16.	Neighborhoods	Administrative Staff Assistant (PosNo. 10004293)
		Executive Assistant, Senior (PosNo. 00022313)
17.	Parks and Recreation	Administrative Staff Assistant (PosNo. 00010227)
18.	Personnel	Administrative Staff Assistant (PosNo. 00025346)
19.	Planning and Development, Department of	Administrative Staff Assistant (PosNo. 00014435)
20.	Police	All positions included in the Public Safety Civil Service are exempt from Chapter 4.04 and the rules of City Personnel and the Civil Service Commission regarding examination, selection, discipline, termination and appeals.
		Administrative Staff Assistant (PosNo. 10002374)
		Executive Assistant, Senior (PosNo. 00006333)
		Management Systems Analyst (PosNo. 10004666)
		Police Chief, Assistant
		Police Chief, Deputy
		Victim Advocate (PosNo. 10004665)
21.	Public Safety Civil Service Commission	None
22.	Retirement	Administrative Staff Analyst (PosNo. 10004468)
23.	Seattle Center	Executive Assistant, Senior (PosNo. 10001213)
24.	Seattle Ethics and Elections Commission	All positions in the office of the Seattle Ethics and Elections Commission
25.	Seattle Public Utilities	None
26.	Transportation	Executive Assistant (PosNo. 00007689)
		Administrative Specialist II (PosNo. 00007744)
		Paralegal (PosNo. 10003513)
27.	Seattle Firefighter's Pension Board	All positions of the Seattle Firefighter's Pension Board

Section 7. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by a 2/3 vote of all the members of the City Council the ____ day of _____________, 2013, and signed by me in open session in authentication of its passage this _____ day of __________, 2013.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2013.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2013.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Candice Livingston / Peter Harris CBO Creation of the Office of the Community Police Commission ORD March 20, 2013 Version #8