CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the Seattle Sister Cities program, amending sections 1.24.010 and 1.24.020 of the Seattle Municipal Code; and adding new sections 3.14.440, 3.14.450, 3.14.460, and 3.14.470 to the Seattle Municipal Code.

WHEREAS, with the creation of Seattle's first sister city relationship in 1957, the residents of

Seattle have demonstrated a desire to learn more about the people of other cities throughout the world and enhance international communication and understanding; and

WHEREAS, the residents of Seattle wish to encourage educational, cultural, sports, trade,

technical and governmental exchanges to help acquaint themselves with the diverse countries of the world; and

WHEREAS, we wish to provide residents of Seattle with opportunities to give service to and

derive benefit from community projects of international scope; and

WHEREAS, the City and its residents have benefited greatly from the activities of our sister city

associations and their counterparts in other countries; and

WHEREAS, Seattle's international landscape has changed significantly since our current sister

city affiliation policy was established more than fourteen years ago; and

WHEREAS, we wish to encourage best practices between Seattle and our sister cities in

industries central to Seattle's international landscape, such as global health, technology, and sustainable development; and

WHEREAS, we wish to encourage international trade and tourism between Seattle and our sister

cities; and

WHEREAS, Seattle's sister cities should be carefully selected to assure that these special

relationships will be based upon common interests and characteristics important to both Seattle and our international partner;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. A new Section 3.14.440 is added to the Seattle Municipal Code as follows:

Objectives of Program and Office of Intergovernmental Relations Responsibilities.

A. Objectives. Seattle will seek to develop sister city relationships that serve the following objectives:

1. The development of people-to-people relationships between Seattle residents and the residents of our sister-city affiliates;

2. The education of our residents and the residents of the affiliated cities;

3. Mutual enhancement of our residents' cultural awareness and sensitivity;

4. The development of international trade and tourism;

5. The development and sharing of best practices in government departments and industries engaged with and/or representing Seattle's contemporary international landscape.

B. Office of Intergovernmental Relations Responsibilities. The City of Seattle's Office of Intergovernmental Relations (OIR) shall:

1. Act as the City's liaison for the Seattle Sister Cities program, including the Seattle Sister Cities Coordinating Council;

2. Retain budget oversight for the Seattle Sister Cities program, including management of the annual process of reimbursement payments to individual sister city associations for eligible expenses;

3. In coordination with the Seattle Sister Cities Coordinating Council, execute a Memorandum of Understanding with a local 501(c)(3) organization designated to act as a treasurer for sister cities program revenues that originate from fundraising efforts rather than from the City's budget; act as the authorizing agent for expenditures by the 501(c)(3) drawn against these revenues.

Section 2. A new Section 3.14.450 is added to the Seattle Municipal Code as follows:

Establishment, Duration, Modification and Termination

A. In accordance with Section 1.24.020, the City Council may by resolution designate a sister city. In accordance with the provisions of this section 3.14.450, the City Council may by resolution recognize a sister city association, change the status of a sister city association from active to emeritus, or terminate the relationship with the sister city association.

B. In order to ensure that sister city affiliations genuinely engage Seattle's values, represent Seattle's current international landscape, and can be managed by resident associations with resources adequate to the task, proposals to the City for establishing sister city affiliations shall be initiated by sister city associations in the following twostep process:

1. Step One.

a. The City of Seattle will consider a new sister city affiliation if the following steps are completed:

i. Submission of a letter of intent;

ii. Submission of documentation indicating why a prospective sister city is proposed and verifying that it is the center of significant educational, civic, cultural, and/or political resources that offer Seattle's residents and/or City agencies significant two-way exchange opportunities, which will serve to enrich the understanding of both parties;

iii. Submission of documentation indicating that a prospective sister city has the prospect of being a significant business partner, or has some other major economic aspect that is similar to or complementary to the economic character of Seattle;

iv. Confirmation that a prospective sister city does not have a sister city affiliation with another city in the United States, or confirmation that any U.S. city having prior affiliation with the foreign prospective city does not object to Seattle establishing a new affiliation with the prospective sister city;

v. Confirmation that there should be no existing sister city relationship between the City of Seattle and any other city of the same foreign country;

vi. Submission of a description of the sponsoring group and/or sponsoring individuals;

b. The above documentation must be submitted to the Seattle Sister Cities Coordinating Council for its review and consideration. The Seattle Sister Cities Coordinating Council may reject or accept the application by a majority vote of the full Council, and so advise the Mayor, the City Council, and the applicant(s);

i. No further action will be taken on an application once it is rejected, unless otherwise directed by a majority of City Council members or by the Mayor;

ii. If the application is accepted, the prospective sister city applicant then must meet the criteria listed in Step 2, subsection 3.14.050.B.2, below.

c. The City of Seattle will recognize only one sister city association per sister city affiliation.

2. Step Two. In order to be recognized by the City of Seattle, a sister city association must verify that it has the following:

a. At least 30 paid members, reflecting a diverse representation of the Seattle community, committed to meet the objectives of the sister city program, as outlined in section 3.14.440;

b. A formal incorporated structure in accordance with Washington State Law governing nonprofit corporations (see RCW 24.03) and 501(c)(3) nonprofit organization status with the Internal Revenue Service;

c. Established bylaws outlining annual election of officers and board members, and any appropriate functional subcommittees;

d. A comprehensive work plan for the twelvemonth period following the request for formal affiliation, showing how the activities of this association will further the objectives of the Seattle sister city program;

e. A budget for the first year's activities, showing any funds available to meet the budget requirements and indicating how the association plans to fund its activities in the future; and,

f. A preliminary indication from the government of the foreign city that a sister city relationship with the City of Seattle would be welcome.

3. Upon a favorable review by the Seattle Sister Cities Coordinating Council, the association's application will be sent to the Mayor and City Council with a recommendation for a final vote.

C. Duration of Sister City Affiliations. Each sister city affiliation will enjoy a five-year term of active status, subject to the following provisions: 1. Review. Beginning six months prior to the end of an affiliation's five-year term, the Seattle Sister Cities Coordinating Council will make a formal recommendation to City Council on the question of whether or not to renew the sister city affiliation for an additional five-year term. Renewal will be the default recommendation for each affiliation, unless the Seattle Sister Cities Coordinating Council or City Council, using the following independent indicators, determines that the affiliation should not be renewed:

a. The relationship with the affiliated city continues to embody qualities and/or values central to Seattle's core interests and international landscape;

b. The respective sister city association has maintained active status, as defined by the provisions of subsection 3.14.450.D below;

c. The respective sister city association has avoided any punitive action(s) taken by the Seattle Sister Cities Coordinating Council for faults in ethical behavior of its members;

d. The respective sister city association is not currently under emeritus status and is not currently under Seattle Sister Cities Coordinating Council review for reactivation.

2. Timing of five-year terms -existing associations. Associations that hold active status at the effective date of this ordinance will be subject to review in staggered groups of five associations each year. The initial reviews for the first group of five associations will begin within three years of the effective date of this ordinance. The next group will be reviewed within four years, and so on. Following the initial review, each group of associations will be subject to the five-year reviews described in this subsection 3.14.450.C.1. The groupings for these staggered five-year reviews will be determined by the Seattle Sister Cities Coordinating Council.

3. Timing of five-year terms -new associations. The initial review for associations that do not hold active status on the effective date of this ordinance, and that are later established, will occur at the five-year anniversary of the date the resolution granting the association active status. Following the initial review, each association under this paragraph will be subject to the five-year reviews as described in this subsection 3.14.450.C.1.

D. Minimum Criteria for Maintaining Active Status. All of the following minimum criteria are necessary for an association to maintain active status:

1. At least (30) paid members;

2. A comprehensive work plan for the calendar year showing how the activities of this association will further the objectives of the sister city program, made available to the Office of Intergovernmental Relations by February 1st of each year;

3. A calendar year budget for the association's activities indicating how the association plans to fund its activities and how it plans to spend the small sum of City funds available for eligible reimbursable expenses, made available to the Office of Intergovernmental Relations by February 1st of each year;

4. An annual report of the association's activities including explanations for how each activity furthered the objectives of the sister city program, made available to the Office of Intergovernmental Relations at the same time the association submits its formal request for annual reimbursement of eligible expenses;

5. Indication from the appropriate government officials or other organizations officially delegated by the foreign city that the sister city relationship remains official and active;

6. Nonprofit status (see RCW 24.03). Each sister city association must register with the State of Washington's Office of the Secretary of State as a nonprofit organization authorized to solicit gifts or contributions. Each association must renew such registration annually and maintain non-profit status with the United States Internal Revenue Service;

7. Annual meeting. Each association must hold an annual meeting that includes election of officers and a board of directors. Such meetings must be open to the public, and a written announcement or invitation must be sent at least two weeks in advance to all members of the association and the Office of Intergovernmental Relations. Results of regular board elections must be reported in writing to the Office of Intergovernmental Relations;

8. Assistance facilitating visits to the City of Seattle by sister city dignitaries. It is the paramount duty of each association to help facilitate visits to the City of Seattle by government officials from their respective sister cities. Such assistance often will include: developing and supporting itineraries for the dignitaries of any meetings with the City of Seattle, addressing transportation needs for the dignitaries; offering advice on accommodations in Seattle; and, where appropriate, helping facilitate mutual exchange of diplomatic gifts for the dignitaries;

9. Program activity. Each association must sponsor at least two program activities annually (in addition to the annual meeting). Such activities might include a forum on best practices between City of Seattle experts and their counterparts in the foreign sister city; an event focused on education or culture; a public local exhibit or performance, an exchange program or delegation with the counterpart city abroad. These programs must be open to the public, and written announcements or invitations must be sent to all members of the association, the City Councilmember acting as liaison and the Office of Intergovernmental Relations;

10. Seattle Sister Cities Coordinating Council and Seattle Sister Cities Presidents' Committee meetings. Regular attendance by a representative who is a member of the Council and/or Committee will be considered in determining an association's status.

E. Review and Determination of Active Status. Separate from subsection 3.14.450.C above (i.e., "Duration of Sister City Affiliations"), and given the importance of maintaining open, active and rewarding relationships with Seattle's sister cities, the Seattle Sister Cities Coordinating Council is tasked with monitoring the vibrancy and productivity of each Seattle Sister City Association. Should a sister city association or sister city affiliation cease to effectively function during its five-year term, the Seattle Sister Cities Coordinating Council will make recommendations about the course of action that Seattle should take with that sister city partner. Active status will serve as the default status for each association. The Seattle Sister Cities Coordinating Council may recommend withdrawal of an association's active status. The following review process will be used by the Seattle Sister Cities Coordinating Council when making these determinations:

1. If an association fails to meet the criteria for active status in a specific calendar year, the Office of Intergovernmental Relations shall notify that association, and also will inform the Mayor's Office, the City Council President, and the City Councilmember who is assigned to that association as the City Council's liaison;

2. The Office of Intergovernmental Relations shall notify and request a meeting with the association to discuss the association's non-compliance;

3. The Seattle Sister Cities Coordinating Council or designated representative shall review the situation and shall meet with the president or other officer(s) of the association to review the criteria for retaining active status;

4. The association shall be asked to submit a written plan for meeting the minimum criteria in the next calendar year;

5. After completing the process outlined above and reviewing any submissions by the association, the Seattle Sister Cities Coordinating Council may recommend to the Mayor and City Council that a Sister City association be allowed six months to revitalize its efforts, subject to all of the criteria for an active sister city association, or that the sister city relationship be granted "emeritus status," the process for which is governed by section F below.

F. Determination of Emeritus Status. Emeritus status is intended to simultaneously honor the historical relationship between the two cities and signify that the sister city relationship is no longer active. Emeritus status further signifies that an association no longer has access to revenues for annual reimbursement of eligible expenses.

1. Prior to recommending emeritus status for any sister city association, the Seattle Sister Cities Coordinating Council should fulfill the following steps:

a. Document that the local sister city association has been inactive for one year or, alternatively, conclude that the association cannot meet the requisite criteria for maintaining active status;

b. Attempt to make contact with last known board members of the sister city association and inquire about the association's posture;

c. Determine if the foreign city is actively engaged in additional sister city relationships with U.S. cities other than Seattle.

2. Upon receiving this recommendation from the Seattle Sister Cities Coordinating Council, the Office of Intergovernmental Relations shall conduct a review of the formal relationship between the two cities, and submit its recommendation to the Mayor and City Council regarding an appropriate course of action.

3. If a sister city association status is changed from active to emeritus status or the relationship is terminated, the city abroad will be notified.

G. Regaining Active Status after Emeritus Status or Termination. A sister city affiliation that has been granted emeritus status or had its relationship with the City terminated, may seek reactivation only when City Council is formally considering adding one or more new sister city affiliations. In such a case, the association will be equally subject to any process required for new sister city associations. Associations with emeritus status will not enjoy special consideration during this review process.

H. Termination. The City may, after City Council passes a supporting resolution, terminate a contract with a sister city association without cause, with 30 days written notice. All contracts with sister city associations shall contain a termination clause stating this same provision. If the sister city abroad formally terminates its sister city relationship with the City of Seattle, the sister city association's relationship with the City shall also be deemed terminated.

Section 3. A new Section 3.14.460 is added to the Seattle Municipal Code as follows:

Coordinating Council -Appointments, Membership and Terms.

A. The Seattle Sister Cities Coordinating Council shall consist of 20 members. Seven members shall be comprised of the following: one representative from each of five sister city associations, rotating membership according to alphabetical order of the name of the sister city, every two years in order to represent all associations; one representative from the City Council, chosen by the City Council President; one representative from the Office of Intergovernmental Relations (OIR), chosen by the OIR Director.

B. The remaining thirteen members shall be appointed by the Mayor, subject to confirmation by a majority of the City Council, and shall be comprised of the following: one member shall be a current representative from the Trade Development Alliance of Greater Seattle; twelve members shall be representatives from community, corporate, cultural, educational, governmental or non-profit institutions that have ongoing interest in sister city programs. At no time shall more than five of these twelve members originate from the same representative category (e.g., community, corporate, governmental).

C. Each of these 13 members shall serve for a term of two years. None of these members shall serve more than four consecutive terms. Any vacancy shall be filled for the unexpired term in the same manner as originally appointed. If a person is appointed to fill the duration of an unexpired term, then that term shall qualify as one of the four consecutive terms only if the portion of the unexpired term actually served is one year or more.

D. If the appointing authority fails to appoint or reappoint a person to fill a Council position before the incumbent Council member's term has expired, then the incumbent may remain in his or her position for a period not to exceed 90 days until such appointment or re-appointment is made. The authority that appointed a Council member may remove that Council member at will. The Council shall select a chair, and may adopt, promulgate, amend and rescind administrative rules and regulations for its own conduct.

Section 4. A new Section 3.14.470 is added to the Seattle Municipal Code as follows:

Coordinating Council -Purposes and Duties.

The Seattle Sister Cities Coordinating Council shall help coordinate the City's sister cities program, act in an advisory capacity to the Mayor and City Council, and shall have the following purposes and duties:

A. Advise the Mayor, City Council and the Office of Intergovernmental Relations (OIR) on existing or needed guidelines and policies for the overall sister cities program;

B. On a quadrennial basis, evaluate City resources allocated to the sister city program, assess needs, and advise the Mayor, City Council and OIR appropriately;

C. Review proposals from individual associations or other institutions for joint programs and assist in effective coordination of such activities;

D. Oversee efforts that incentivize, through supporting funds, programming for sister city associations, which aligns with the City's present-day values and interests, and/or Seattle's predominant international entities;

E. Coordinate fundraising and outreach efforts for joint sister city programs; assist efforts to generate new membership for the separate sister city associations;

F. In coordination with OIR, execute a Memorandum of Understanding with a local 501(c)(3) organization designated to act as a treasurer for sister cities program revenues that originate from fundraising efforts rather than from the City's budget; act as the authorizing agent for expenditures by the 501(c)(3) drawn against these revenues;

G. As needed, review and recommend any beneficial update of criteria for establishing new sister city affiliations; review proposals from groups wishing to receive sister city designation and advise the Mayor, City Council and OIR on the selection of such affiliations;

H. As needed, review and recommend criteria for retaining active sister status; confer with officers of any association that does not meet the criteria and discuss a plan for remedying the situation. Make recommendations to City Council and/or OIR on the question of whether or not an association shall be granted emeritus status, as defined in section 3.14.450.

I. Develop a "Code of Ethics" for the conduct of sister city activities and the responsibilities of association officers and members, and enforce compliance with this "Code of Ethics."

Section 5. 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 ________________________, 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)

Mike Peters OIR Sister Cities Program ORD August 9, 2013 Version # 6