ORDINANCE _________________

AN ORDINANCE relating to the Seattle-King County Department of Public Health; amending various sections of Chapters 3.30, 3.60, 5.78, 6.430, 9.25, 10.01, 10.03, 10.10, 10.13, 10.18, 10.24, 10.25, 10.26, 10.54, 10.56, 10.72, 10.76, 21.08, 21.12, 21.16, 21.36, 21.43, 22.801, 22.900G, 23.50, 23.60, 23.57, 23.69, 25.06, and 25.10 of the Seattle Municipal Code ('SMC') to change its name to "Public Health -Seattle and King County"; adopting and authorizing execution of a new interlocal agreement between the City of Seattle and King County entitled '2011 King County/City of Seattle Interlocal Agreement Regarding Public Health -Seattle & King County', and repealing Ordinance 118377, the prior interlocal agreement between the City of Seattle and King County entitled 'SKCDPH Health Interlocal Agreement'; and ratifying and confirming certain prior acts.

WHEREAS, in 1877 the Seattle City Council created the position of City Health Officer; and

WHEREAS, in 1890 the City established a Department of Sanitation under the direction of the

Board of Health, which also appointed the Health Officer; and

WHEREAS, in 1908 an amended City Charter replaced the Board of Health with a new

Department of Health, with a Commissioner of Health appointed by the Mayor; and

WHEREAS, in 1951 the Seattle Department of Health merged with the King County Department

of Health; the joint department was administered by the City of Seattle, with funding provided by the City and County proportionate to their populations; and

WHEREAS, in 1981 Public Health became a County-administered department; and

WHEREAS, in 1984 the City and County entered into an Interlocal Agreement that outlined the administration, structure and funding of the Public Health Department; and

WHEREAS, pursuant to RCW 70.46.085, adopted in 1993 and effective in 1995, Washington

State designated counties as the entities that have responsibility for public health including bearing the expense of providing public health services. In addition, RCW 70.08.010 authorized the establishment of combined city-county health departments for cities with a population of more than 100,000; and

WHEREAS, in 1996, Dr. Alonzo Plough, the former Public Health Director, implemented an

organizational change that eliminated the City and County Divisions; and

WHEREAS, the 1996 interlocal agreement, which governs the City's current relationship with

Public Health, states that, "The County has ultimate policy and statutory responsibility for the delivery of public health services. The City has fiduciary and policy responsibility over its own financial contribution and strong and directive influence on overall policies of the Department which impact public health assessment and services in the City. The City's financial contributions are voluntary and shall be used to enhance services for its citizens." It further states that the "County shall be financially responsible for the funding of health services throughout the County"; and

WHEREAS, City General Fund investments in public health declined by 36.5% from 2001 to

2005; and

WHEREAS, starting with the 2005-06 biennial budget, the City appropriated funding for public

health services to the Human Services Department (HSD) and directed HSD to contract for public health services; and

WHEREAS, in 2005 the City created a new position in HSD--Public Health Manager and

Policy Advisor---with the responsibilities of overseeing the City's public health investments and contracts, developing public health policy, staffing the City Council members on the Board of Health, and serving as the primary liaison between the City and Public Health; and

WHEREAS, in 2006 the City adopted the Healthy Communities Initiative (HCI) Policy Guide,

which guides the City's public health investments and efforts. The guide recognizes that, "a strong regional health department is critical to the health and well being of Seattle's people and communities... It is the City's intention to help shape Public Health's services and activities in Seattle"; and

WHEREAS, in 2006/2007 Dr. David Fleming, the current Director, was appointed with the full

participation of the Mayor. Only the County Executive can remove the Director, after consulting with the Seattle Mayor; and

WHEREAS, in 2008, the City endorsed the King County Public Health Operational Master Plan

(PHOMP), which was developed by the County and the Board of Health with City participation. The PHOMP is Public Health's strategic plan outlining shortand long-term goals and strategies; and

WHEREAS, the City and King County have negotiated a new tentative interlocal agreement that

would replace the previous one; and

WHEREAS, the City and King County want to rename the joint public health entity

"Public Health -Seattle & King County"; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Throughout the Seattle Municipal Code, the Seattle-King County Department of Public Health ('Department') is identified under many names, including 'Department of Public Health', 'Seattle/King County Department of Public Health' and 'Seattle-King County Department of Public Health'. All citations to the Department within the Seattle Municipal Code shall refer to the Department's new name: 'Public Health -Seattle & King County'.

Section 2. Chapter 3.30 of the Seattle Municipal Code, which was last amended by Ordinance 123361, is AMENDED as follows (title only):

Chapter 3.30 (( SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH1 )) PUBLIC HEALTH -SEATTLE & KING COUNTY1

Section 3. Subchapter III of Chapter 3.30, which was last amended by Ordinance 123361, is AMENDED as follows (title only):

SUBCHAPTER III (( SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH )) PUBLIC HEALTH -SEATTLE & KING COUNTY CITIZENS ADVISORY BOARD

Section 4. Section 3.30.010 of the Seattle Municipal Code, which was last amended by

Ordinance 109522, is amended as follows:

3.30.010 Agreement between City and King County(( . ))

As of January 1, 1981, The City of Seattle (referred to in this chapter as the "City") declares its intent to operate and establish with King County (referred to in this chapter as the "county") a combined City and county health department to be known as the (( "Seattle-King County Department of Public Health," )) "Public Health -Seattle & King County" (referred to in this chapter as the "Department") to be operated in accordance with an agreement made between the City and the county. The Department shall be administered by the county, except as provided in this chapter. The Director of the Department shall be responsible for the management of the Department and shall be jointly appointed by the County Executive and the Mayor for a four (( (4) )) year term, subject to confirmation by the County and City Councils, and may be removed by the County Executive after consultation with the Mayor upon the filing of a statement of the reasons therefor with the County and City Councils, as authorized by RCW 70.08.040, as amended.

Section 5. Section 3.30.200 of the Seattle Municipal Code, which was last amended

by Ordinance 106480, is AMENDED as follows:

3.30.200 Board established -Purpose(( . ))

There is established a (( Seattle-King County Department of Public Health )) Public Health -Seattle & King County Citizens Advisory Board to provide consumer input into the planning, policy-making and implementation processes of the Department, by advising the Department with respect to the evaluation of program implementation and program planning relating to health care within the community; presenting issues relevant to the health and well-being of the community to the Department for its consideration and action; providing liaison and serving as a facilitator of communications between the Department and the community; and acting as an advocate of the community, consumers, and the Department.

Section 6. Section 5.78.070 of the Seattle Municipal Code, which was last amended by Ordinance 123361, is AMENDED as follows:

5.78.070 Expenditures -(( Seattle-King County Department of Public Health. )) Public Health -Seattle & King County

The Director of Public Health is authorized to direct expenditures for the donations made to the (( Seattle-King County Department of Public Health )) Public Health -Seattle & King County programs in the City's Gift Catalogue as designated by the donor; and the Director of Finance and Administrative Services is authorized to draw and to pay warrants against said program accounts or subaccounts on vouchers approved by the Director of Public Health as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services may elect to make payment by check.

Section 7. Section 22.900G.030 of the Seattle Municipal Code, which was last amended by Ordinance 120998, is AMENDED as follows (title only):

22.900G.030 Fees for review by (( the SeattleKing County Department of Public Health. )) Public Health -Seattle & King County

Section 8. The Mayor is authorized to execute the interlocal agreement with King County entitled '2011 King County/City of Seattle Interlocal Agreement Regarding Public Health -Seattle & King County', substantially in the form of the agreement attached hereto as Exhibit '1'.

Section 9. The 2011 King County/City of Seattle Interlocal Agreement Regarding Public Health -Seattle & King County is ADOPTED and replaces the prior interlocal agreement between the City of Seattle and King County adopted as Ordinance 118337, entitled 'SKCDPH Health Interlocal Agreement'

Section 10. Ordinance 118337 is remains effective until the 2011 King County/City of Seattle Interlocal Agreement Regarding Public Health -Seattle & King County becomes effective, at which point Ordinance 118337 is immediately REPEALED.

Section 11. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section12. 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 the City Council the ____ day of ________________________, 2011, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2011.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2011.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2011.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachment: Exhibit 1 2011 King County/City of Seattle Interlocal Agreement Regarding

Public Health -Seattle & King County

GEK:sock HSD Public Health Interlocal ORD June 9, 2011 Version #5

2011 KING COUNTY/CITY OF SEATTLE INTERLOCAL AGREEMENT REGARDING

PUBLIC HEALTH -SEATTLE & KING COUNTY

WHEREAS, since 1951, King County (hereinafter referred to as the "County") and the City of Seattle (hereinafter referred to as the "City") have jointly financed and operated Public Health -Seattle & King County (hereinafter referred to as the "Department"), first administered by the City and starting in 1981 administered by the County;

WHEREAS, through this Agreement, the County and the City aim to strengthen public health in Seattle and throughout King County in order to create the conditions that improve the health of all communities, eliminate health inequities and maximize the number of healthy years lived by each person;

WHEREAS, the 21st Century health challenges faced by residents, neighborhoods and communities throughout the city of Seattle and the county can be most effectively addressed through the coordinated action of multiple jurisdictions and of multiple departments within each jurisdiction;

WHEREAS, the County and the City choose to establish an Interlocal Agreement that complements the existing governance structures outlined in chap. 70.05 RCW and RCW 70.08.010; and

WHEREAS, the County and the City desire to establish communication, oversight and accountability mechanisms for the County and the City to address issues concerning said Agreement;

NOW THEREFORE,

Pursuant to RCW 70.08.010 and RCW 39.34.080, the County and City agree as follows:

Section 1. PRINCIPLES OF OPERATION: The County and City wish to ensure that overall Department policy is responsive to community health needs, promotes health equity and creates healthy conditions for all communities. The County has ultimate policy and statutory responsibility for the delivery of public health services throughout the county, including in the city. The City has fiduciary and policy responsibility over its own financial contribution and strong advisory influence on overall policies of the Department that impact public health activities in Seattle. The City's financial contributions to the operation of the Department are voluntary and shall be used to enhance services to its residents and neighborhoods.

Section 2. ESTABLISHMENT OF DEPARTMENT: As of January 1, 1981, there was established a combined City and County Health Department to be known as the "SeattleKing County Department of Public Health" and that is now known as "Public Health -Seattle & King County".

Section 3. DEPARTMENT'S PURPOSE: The Department shall be responsible for the assessment, protection and promotion of health of all county residents, including residents in the city, working to eliminate health inequities and promote equity, and providing services that help to assure access to high quality health care for all populations. The director of the Department shall also have all powers and duties as provided in RCW 70.05.070, including enforcement of public health statutes of the State, rules of the State Board of Health and the Secretary of State, and rules and regulations of the King County Board of Health.

Section 4. POLICY DEVELOPMENT AND IMPLEMENTATION:

(a) The King County Board of Health exercises policy influence over the Department pursuant to the powers granted to it in chapter 70.05 RCW. This Agreement seeks to reinforce the role of the Board of Health. The Board of Health is presently a federated body that includes members from the King County Council , elected officials of the City of Seattle, elected officials of cities and towns of King County other than Seattle, and health professionals, as provided in chap. 2.35 King County Code. The Board of Health has supervision over all matters pertaining to the preservation of the life and health of the people within its jurisdiction, pursuant to RCW 70.05.060.

(b) The County Executive and County Council shall establish programmatic policy priorities and direction aligned with available resources for the Department consistent with policy direction established by the Board of Health.

(c) The Mayor and City Council shall establish programmatic priorities and direction of the funds that the City provides to the Department and through the services and resources these dollars leverage. The method that the City utilizes to make its contributions to the Department and the level of contributions are at the discretion of the Mayor and City Council through the City's budget-making process.

(d) In addition to directing the use of its own funds, the City shall have the opportunity to advise and participate in formulating health policies that impact its residents and neighborhoods. Likewise, the County and the Department shall have the opportunity to advise the City on the programmatic priorities of the City's funding of the Department. The Department Director is responsible for creating appropriate opportunities for City and County participation in policy development and in setting programmatic policies and direction. Furthermore, the Mayor and City Council shall designate a lead City health policy advisor, to be funded by the City, to help facilitate City participation in Department policy development relevant to the City.

(e) The policies and activities of many County and City departments have a significant impact on the public's health. The Executive and the Mayor shall invite the Department to work with other County and City departments in formulating and implementing policies that promote health equity and the health of county residents and communities, including those in the city of Seattle.

(f) In recognition of the interrelationship of policies and programs that affect the health of the public in King County and Seattle, both governments shall provide early notification to each other of such policy changes in order to allow for sufficient time for joint discussion and the effective operation of the Department. The Executive, the Mayor and the Department Director shall establish opportunities for each party to influence the policies of the other and to ensure that the Department is responsive to the public health issues and priorities of the County and the City.

(g) The Executive shall arrange an annual meeting with the Mayor to which the Board of Health Chair and the Department Director will be invited. The purposes of the meeting include a check-in on the implementation of this Agreement, discussion of the public health priorities of each jurisdiction, establishing the key public health priorities and expectations that the County and City have for the Department, and identification of public health policy objectives to be pursued at the regional, state and national levels.

Section 5. DEPARTMENT'S MANAGEMENT: It is the intent of the parties to retain a joint City-County Health Department in accordance with chapters 70.05 and 70.08 RCW. Accordingly:

(a) The head of the Department shall be the "Director of Public Health" who shall be jointly appointed by the County Executive and the City of Seattle Mayor, subject to confirmation by the County and City Councils, and may be removed by the County Executive after consultation with the Mayor, upon filing a statement of the reasons for removal with the County and City Councils.

(b) The administration of the Department shall be a function of the County.

(c) The overall responsibility for financing regional 'core' services of the Department as identified in statute or by the County, such as in the Public Health Operational Master Plan, shall rest with the County.

(d) The Director shall report to the County Executive; the Director shall also report to the Mayor on issues relating to the city's health status and policy and City-funded services.

(e) The Director shall actively participate in cabinet meetings and activities of both the City and County as directed by the Mayor and County Executive respectively. Department staff shall participate, as appropriate and within available resources, on City and County subcabinets, interdepartmental teams, and key initiatives, as well as work with other City and County departments to create the policies and conditions for healthy communities.

(f) The Director shall assign staff to participate in the County and City's emergency preparedness and response efforts and provide a presence at their Emergency Operations Centers.

(g) The Department's name shall reflect joint participation of the City and County.

Section 6. DEPARTMENT'S ACCOUNTABILITY:

(a) Since the Department is a Countyadministered department, the Department Director shall comply with reporting and accountability mechanisms established by the County Executive and County Council.

(b) The City, in consultation with the Department Director, may establish accountability mechanisms as appropriate related to the City's funding and objectives. The lead City health policy advisor shall help ensure appropriate accountability for the Department's use of City funds and compliance with the terms of this Agreement.

(c) The Department shall provide timely response to data and information requests from the County Executive, County Council, Mayor and City Council.

(d) In consultation with the Department, the City shall establish accountability mechanisms for the City's funding of enhanced public health services. Such mechanisms may include specified outcomes and performance commitments.

Section 7. DEPARTMENT'S BUDGET PREPARATION: Responsibility for preparing and adopting the Department budget rests with the County. The City shall be responsible for deciding the level of contributions, method of providing funding, and the use of City funds that it provides to the Department.

Section 8. DEPARTMENT'S FINANCING:

(a) The County shall be financially responsible for the funding of core public health services throughout the county, including in the city of Seattle.

(b) The City's financial contributions are voluntary and shall be used to enhance services for its residents and neighborhoods. The City may also voluntarily contribute some funding to support the Department's unique activities that it provides to the City that are typically and routinely more than what it provides to other cities in King County. Examples of such activities include participation on the Mayor's cabinet, subcabinets, emergency preparedness and response efforts, collaboration and policy development with other City departments, and interdepartmental initiatives. The amount of City funding shall be determined in the City budget process, recognizing that the level of the Department's participation in City government may depend, in part, on the amount of support the City provides.

(c) The County, the City, and the Department shall ensure that contributions to the Department shall result in appropriate use and accountability of funds throughout the county and the city. Furthermore, the County and the Department shall ensure that the City's contributions to the Department shall be used only for their intended purposes and not subsidize expenses for other purposes.

(d) As part of its contributions to the Department for enhanced health services, the City voluntarily funds primary care medical, dental and health-access services provided by Seattle's community health centers and the Department. The lead City health policy advisor shall represent the City in Departmentor County-led community health system/health safety net planning efforts to improve quality and access, and to plan for the implementation of health care reform.

Section 9. EFFECTIVE DATE, MODIFICATION AND DURATION OF AGREEMENT:

(a) This Agreement shall be effective when signed by both parties, and approved by their respective councils.

(b) The duration of this Agreement shall be five years from the effective date with an automatic annual rollover thereafter.

(c) This Agreement may be modified with the mutual consent of the parties, which consent shall be in writing, signed and approved by both parties and their respective councils.

(d) After the effective date of this Agreement, the Agreement may be terminated at the end of any calendar year upon six months written notice by either party consistent with the provisions of RCW 70.08.100.

(e) All parties shall discuss the overall relationship and efficacy of this Agreement at the annual meeting described in Section 4 (g) of this Agreement.

Section 10. PRIOR AGREEMENTS: This Agreement supersedes the "1996 AGREEMENT REGARDING THE SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH" previously executed by the parties.

Section 11. NO THIRD PARTY BENEFICIARIES AND NO GUARANTEE OF SPECIFIC FUNDING: This Agreement is solely for the benefit of the City and the County, and no other person may acquire or have any right hereunder by virtue hereof. This Agreement is intended neither to protect any particular class of individuals or organizations, nor to guarantee any specific level of funding nor to create any private right of action.

IN WITNESS WHEREOF, authorized representatives of the parties, hereto have signed their names in the spaces below.

KING COUNTY CITY OF SEATTLE

King County Executive Mayor, City of Seattle

GEK:sock HSD Public Health Interlocal EXH 1 June 9, 2011 Version# 2

Exhibit 1 to HSD Public Health Interlocal ORD