Title 3
ADMINISTRATION
This title is intended for those provisions of the Code which relate to City officers, departments and boards and to the administration of City affairs.
| Chapters: | ||
| Subtitle I Administrative Code | ||
| 3.02 | Administrative Code | 3-5 |
| Subtitle II Departments and Offices1 | ||
| 3.06 | Department of Planning and Development | 3-11 |
| 3.08 | City Light Department | 3-14 |
| 3.10 | Office of Entrepreneurial Assistance | 3-15 |
| 3.12 | Seattle Department of Transportation | 3-16 |
| 3.14 | Executive Department | 3-17 |
| 3.16 | Fire Department | 3-28.4 |
| 3.20 | Human Services Department | 3-33 |
| 3.22 | Department of Information Technology | 3-42 |
| 3.26 | Parks and Recreation Department | 3-43 |
| 3.28 | Police Department | 3-46 |
| 3.30 | Seattle-King County Department of Public Health | 3-54.5 |
| 3.32 | Seattle Public Utilities2 | 3-56 |
| 3.33 | Seattle Municipal Court | 3-57 |
| 3.35 | Department of Neighborhoods | 3-61 |
| 3.39 | Department of Finance and Administrative Services | 3-62.3 |
| 3.40 | Office of City Auditor | 3-62.7 |
| 3.42 | City Clerk | 3-62.9 |
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1. Cross-reference: Office of Cable Communications Ch. 21.60 Office of Election Administration Ch. 2.04 Finance Department Charter Art. VIII Law Department Charter Art. XIII Legislative Department Charter Art. IV Library Department Charter Art. XII Seattle Center Department Ch. 17.04
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2. Cross-reference: Information on utility rates is codified in Title 21 of this Code.
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| Subtitle III Boards (Reserved) | |
| Subtitle IV Commissions3 | ||
| 3.51 | Get Engaged: A Pilot Program to Encourage Young Adults to Participate on City Board and Commissions | 3-62.10 |
| 3.52 | Seattle-King County Commission on Alcoholism | 3-62.11 |
| 3.58 | Seattle Design Commission | 3-62.12 |
| 3.60 | Seattle-King County Drug Commission | 3-62.14 |
| 3.64 | City Planning Commission | 3-63 |
| 3.67 | Seattle Youth Commission | 3-65 |
| 3.70 | Seattle Ethics and Elections Commission | 3-66 |
| 3.72 | Urban Forestry Commission | 3-69 |
| 3.73 | Seattle-King County Taxicab Advisory Commission | 3-71 |
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3. Cross-reference: Civil Service Commission § 4.04.250; Charter Art. XVI § 5 Ethics and Elections Commission § 2.04.090 Harbor Advisory Commission Ch. 16.16 Pike Place Market Historical Commission Ch. 25.24 Public Safety Civil Service Commission Ch. 4.08 Seattle Center Advisory Commission Ch. 17.08 Seattle Office for Women's Rights §§ 3.14.900– 3.14.940
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| Subtitle V Committees4 | ||
| 3.76 | Debt Management Policy Advisory Committee | 3-73 |
| 3.80 | Seattle School Traffic Safety Committee | 3-74 |
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4. Cross-reference: Auditing Committee Charter Art. VIII § 13 City Council Labor Committee § 4.04.120 Committee on Purchasing Standards § 3.14.836 Employee Award Selection Committee §§ 4.84.050, 4.84.060 Executive Labor Committee § 4.04.120 Finance Committee Charter Art. IV § 5 Hazardous Waste Management Coordination Committee Ch. 10.76 Joint Advisory Apprenticeship Committee § 4.04.200 Labor Relations Policy Committee § 4.04.120 Refrigeration Advisory Committee Ch. 6.82 Swimming Pool Advisory Committee § 22.906.020 Technical Advisory Committee on Aging §§ 3.20.090– 3.20.110
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| Subtitle VI General Regulations | ||
| 3.90 | Official Bonds | 3-75 |
| 3.92 | Vacancies in Charter Offices | 3-76 |
| 3.98 | Biennial Review of Boards and Commissions | 3-76.1 |
| 3.100 | Soliciting Contributions | 3-76.1 |
| 3.102 | Office Hours | 3-76.2 |
| 3.104 | City Books and Records | 3-76.2 |
| 3.106 | Refunding of Certain Fees | 3-76.3 |
| 3.108 | Loan or Rental of City Equipment (Reserved) | 3-76.4 |
| 3.110 | Public Corporations | 3-76.4 |
| 3.116 | Industrial Development Corporation | 3-96 |
| 3.118 | Industrial Development Facilities | 3-97 |
| 3.120 | Transportation Benefit District | 3-97 |
| 3.121 | Charges for Dishonored Checks | 3-105 |
| 3.122 | Municipal Archives Program | 3-106 |
| 3.123 | City Records Management Program | 3-107 |
| 3.124 | Solicitations for Charitable Contributions from City Employees | 3-108 |
| 3.125 | Digital Image Management Program | 3-110 |
| 3.126 | Vehicles | 3-111 |
| 3.127 | Leases | 3-112 |
Subtitle I
Administrative Code
Chapter 3.02
ADMINISTRATIVE CODE
Sections:
3.02.010 Short title.
3.02.020 Definitions.
3.02.030 Notice and hearing on adoption of rules.
3.02.040 Petition for rules.
3.02.050 Emergency action.
3.02.060 Rules to be filed.
3.02.070 Public information.
3.02.080 Declaratory ruling.
3.02.090 Hearings in contested cases.
3.02.100 Report and review of examiner's recommendation or decision in contested cases.
3.02.110 Office of Hearing Examiner.
3.02.115 Hearing Examiner duties.
3.02.120 Powers of Hearing Examiner.
3.02.125 Hearing Examiner filing fees
3.02.130 Agency action upon judicial review.
3.02.010 Short title.
This chapter shall constitute and may be referred to as the "Administrative Code" of The City of Seattle.
(Ord. 102228 § 1, 1973.)
3.02.020 Definitions.
A. "Agency" means The City of Seattle or any of its subdivisions including but not limited to, any City board, commission, committee, officer or department, including the City Council and its committees, when acting in accordance with or pursuant to authorization by ordinance or Charter1 to make rules, hear appeals, or adjudicate contested cases.
B. "Contested case" means any proceeding before an agency in which the legal rights, duties, or privileges of specific parties are required by ordinance to be determined after a hearing by a Hearing Examiner.
C. "Interested person" means any individual, partnership, corporation, association, or public or private organization of any character significantly affected by or interested in proceedings before an agency, and shall include any party in a contested case.
D. "License" includes the whole or part of any agency permit, certificate, approval, registration, or any form of permission required by law, including agency rules, to engage in any activity, but does not include a license required solely for revenue purposes.
E. "Rule" means any agency order, directive, or regulation of future effect, including amendment or repeal of a prior rule, which applies generally and which, if violated, subjects a person to a penalty or administrative sanction, including, but not limited to, an order, directive, or regulation which affects:
1. Any procedure, practice or requirement relating to agency hearings;
2. Any qualification or standards for the issuance, suspension or revocation of licenses;
3. Any mandatory standards for any product or material which must be met before distribution or sale; or
4. Any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law.
Such term does not include statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public, declaratory rulings issued pursuant to Section 3.02.080, or rules relating to the use of public ways and property when substance of such rules is indicated to the public by means of signs or signals.
(Ord. 107903 § 1, 1978: Ord. 102228 § 2, 1973.)
1. Editor's Note: The Charter is included at the beginning of this Code.
Cases: Adoption of electrical rates by ordinance is not rule-making under subsection E. Earle M. Jorgensen Co. v. Seattle, 99 Wn.2d 861, 665 P.2d 1328 (1983).
3.02.030 Notice and hearing on adoption of rules.
Prior to the adoption, amendment or repeal of any rule, an agency shall:
A. Within the time specified by the ordinance authorizing such action, or if no time is specified, at least fourteen (14) days prior to the proposed action and at least ten (10) days prior to a public hearing, if any, give notice thereof by: (1) publication in a newspaper in accordance with the City Charter and, where appropriate, in such trade, industry, or professional publication, as the agency may select; and (2) by mailing or delivery to the address specified by any person who has made written request therefor, which shall be filed with the agency and renewed annually. Such notice shall include: (a) a reference to the authority under which such rule is proposed; (b) an accurate description of the substance of the proposed rule or of the subjects and issues involved; and (c) a statement of the time and place of any public hearing, and manner in which interested persons may present data, views or argument thereon to the agency;
B. Afford all interested persons an opportunity to present data, views, or arguments in regard to the proposed action; provided, that if the agency finds that oral presentation is unnecessary or impracticable, it may require that presentation be made in writing;
C. Give appropriate consideration to economic values, along with any environmental, social, health, and safety factors, affected by the proposed adoption, amendment or repeal of any rule.
(Ord. 107903 § 2, 1978: Ord. 106348-A § 1, 1977: Ord. 102228 § 3, 1973.)
3.02.040 Petition for rules.
Any interested person may petition an agency requesting the adoption, amendment or repeal of any rule. Each agency shall prescribe by rule the procedure for submission, consideration and disposition of such petitions. Within sixty (60) days after the submission of a petition, the agency shall either deny such petition in writing (stating its reasons for the denial), or initiate rulemaking proceedings concerning the subject of such petition in accordance with Section 3.02.030.
(Ord. 102228 § 4, 1973.)
3.02.050 Emergency action.
Where the agency finds that immediate adoption, amendment, or repeal of a rule is necessary for the immediate preservation of the public peace, health or safety, such action may be taken and become effective upon filing such adoption, amendment or repeal with the City Clerk. This shall be accompanied by a statement of the facts upon which the findings of an emergency and necessity are based. The adoption, amendment or repeal of a rule under this section shall be for a period of sixty (60) days unless the notice and hearing procedures set forth in Section 3.02.030 have been complied with within this time period, or unless there has been a more limiting statement placed within the rule itself. This emergency section does not relieve any agency from compliance with any law requiring that the adoption, amendment or repeal be approved by designated persons or bodies before they become effective, nor shall any action be taken under this section which affects any pending case or controversy.
(Ord. 116368 § 33, 1992; Ord. 107903 § 3,1 1978: Ord. 102228 § 4-A, 1973.)
1. Editor's Note: Ord. 107903 contains two sections designated by the number "3."
3.02.060 Rules to be filed.
Each agency shall file with the City Clerk two (2) certified copies of all agency rules, which rules shall become effective on the date of filing. The City Clerk shall keep, index and compile copies of all such rules filed with him or her, and shall make such rules available for inspection by the public during regular business hours and furnish copies thereof to any person requesting the same and paying such fee as shall be prescribed by ordinance.
(Ord. 116368 § 34, 1992: Ord. 107903 § 3,1 1978: Ord. 102228 § 5, 1973.)
1. Editor's Note: Ord. 107903 contains two sections designated by the number "3."
3.02.070 Public information.
A. In addition to other rulemaking requirements imposed by ordinance, each agency shall:
1. Adopt as a rule a description of its organization, stating the general course and method of its operations, location of its offices, and the methods whereby the public may obtain information, make submittals or requests, or obtain copies of agency decisions;
2. File with the City Clerk all procedures adopted pursuant to Ordinance 101810, as amended, Chapter 3.96.1
B. Each agency shall make available for public inspection all final opinions and orders, and all rules and written statements of policy or interpretation formulated, adopted, or used by the agency in the discharge of its functions, and shall further make available for public inspection and copying all indexes maintained for agency use.
C. Except to the extent that a person has actual knowledge thereof, no agency rule, order, or opinion shall be effective against any person, nor shall it be invoked by the City for any purpose until made available for public inspection as required in this section and Section 3.02.060.
D. Nothing in this section shall affect the confidentiality of records as provided by law.
(Ord. 116368 § 35, 1992; Ord. 107903 § 4, 1978: Ord. 102228 § 6, 1973.)
1. Editor's Note: Chapter 3.96 was repealed by Ordinance 118912, § 41.
3.02.080 Declaratory ruling.
On petition of any interested person, any agency may issue a declaratory ruling with respect to applicability to any person, property, or state of facts of any rules or ordinance enforceable by it. Such petition shall be considered, and granted or denied in accordance with Section 3.02.040. A declaratory ruling, if issued after argument and stated to be binding, is binding between the agency and the petitioner on the state of facts alleged, unless it is altered or set aside by a court upon judicial review in the manner prescribed by law.
(Ord. 102228 § 7, 1973.)
3.02.090 Hearings in contested cases.
A. In any contested case all parties shall be afforded an opportunity for hearing after not less than 20 days' notice in writing; provided that a hearing may be set on shorter notice where substantial injury to a party would otherwise result; provided further, that unless otherwise provided by ordinance or rule, no hearing shall be required in any case except upon the demand of a party. Notice of hearing shall be accompanied by a filing fee as established by ordinance, which the Hearing Examiner shall ensure is received by the Director of Finance and Administrative Services.
B. Notice of such hearing shall include:
1. A statement of the time, place and nature of the proceeding;
2. A statement of the legal authority and jurisdiction under which the hearing is to be held;
3. A reference to the particular sections of the ordinance and rules involved;
4. A short and plain statement of the matters asserted.
If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upon request, a more definite and detailed statement shall be furnished.
C. Notice shall be given in person or by mail to each party, or may be transmitted through regular messenger service to any agency, officer, or employee of the City. Additional notice may be required by ordinance or rule.
D. Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
E. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.
F. The record in a contested cause shall include:
1. All pleadings, motions, and intermediate rulings;
2. Evidence received or considered;
3. A statement of matters officially noticed;
4. Questions and offers of proof, objections, and ruling thereon;
5. Proposed findings and conclusions;
6. Any decision, opinion, or report by the examiner presiding at the hearing.
G. Oral proceedings shall be electronically recorded. A copy of the record or any part thereof shall be transcribed and furnished to any party to the hearing upon request therefor and payment of the reasonable costs thereof.
H. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
I. Each agency shall adopt appropriate rules of procedure consistent with this chapter and other applicable ordinances for notice, hearing and agency review of contested cases.
J. The examiner presiding at the hearing shall admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs, and shall give effect to the rules of privilege recognized by law.
K. All evidence, including records and documents in the possession of the agency which the examiner desires to consider, shall be offered and made a part of the record in the case, and no other factual information or evidence shall be considered in the determination of the case.
L. Examiners may take notice of judicially cognizable facts and of general, technical, or scientific facts within their specialized knowledge in the evaluation of the evidence presented to them; provided, that parties shall be notified during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed.
M. Every party shall have the right of cross-examination of witnesses who testify, and shall have the right to submit rebuttal evidence.
(Ord. 123361, § 31, 2010; Ord. 120794 § 12, 2002; Ord. 116368 § 36, 1992; Ord. 108650 § 1, 1979: Ord. 102228 § 8, 1973.)
3.02.100 Report and review of examiner's recommendation or decision in contested cases.
A. Within such period as may be fixed by agency rule or applicable ordinance, the examiner presiding at the hearing in a contested case shall prepare a written recommendation or decision which shall be filed as a public record and copies thereof mailed to each party and to other interested persons as provided by agency rule or applicable ordinance. Such recommendation or decision shall contain a brief summary of the evidence considered and shall state the examiner's findings and conclusions upon which such recommendation or decision is based, together with a brief statement of the examiner's reasons therefor. If the decision is to be made by the agency, an examiner's recommendation shall be in the form of a proposed decision which may be adopted by the agency as its decision in the case.
B. Where a decision is to be made by an agency based upon an examiner's recommendation, the agency shall set a date for consideration of the examiner's proposed decision, and shall give notice thereof to all parties not later than ten (10) days prior to such date; provided, that at the discretion of the examiner, and upon written showing of adequate reason for the delay, evidence not previously presented may be submitted to the examiner prior to the date set for consideration of such proposed decision, and if the examiner determines to accept and consider such evidence, he shall immediately give notice to each party of record and to the agency which shall remand such proposed decision to the examiner for further consideration and hearing in accordance with Section 3.02.090, and for such modification of such proposed decision as the examiner may make pursuant to such hearing.
In connection with the consideration by the agency of any proposed decision, any party may file written exceptions to such proposed decision or part thereof and may submit a proposed substitute decision together with a written argument in support thereof. Following consideration of such proposed decision and any proposed substitute decision, written exceptions, and/or arguments, the agency may adopt, reject, or modify such proposed decision or any part thereof, and shall issue its decision with its written findings and reasons for any changes from the examiner's proposed decision.
(Ord. 102228 § 9, 1973.)
3.02.110 Office of Hearing Examiner.
A. There is created the Office of Hearing Examiner as a separate and independent office of the City for the conduct of hearings in rulemaking and contested cases as provided in this chapter or other applicable ordinances. The Office of Hearing Examiner shall not be in the municipal court as contemplated in RCW 35.20.205.
B. Appointment to the Office of Hearing Examiner shall be made by the City Council, from among no fewer than three (3) persons recommended by a committee composed of the City Personnel Director, the King County Ombudsman or equivalent King County officer and a private attorney selected by the Seattle/King County Bar Association. The Civil Service Commission having filed as a permanent record in the Office of the City Comptroller its recommendation that the Office of Hearing Examiner, as a professional or administrative office or position similar to offices and positions designated in Article XVI, Section 11 of the City Charter,1 and should not be included in the classified civil service, such office shall not be included in the classified civil service. Each Hearing Examiner shall be appointed to an initial term of one (1) year, and may thereafter be reappointed to subsequent four (4) year terms, subject to removal for cause by the City Council.
C. Upon the occurrence of a vacancy in the position of Hearing Examiner, the senior Deputy Hearing Examiner in the Office of Hearing Examiner shall perform, in addition to his/her regular duties, the duties of the Hearing Examiner unless the President of the City Council and the Chair of the committee responsible for land use legislation concur, and indicate their concurrence in writing filed with the City Clerk, that the interests of the City would be better served by the designation of another person to serve as acting Hearing Examiner until such time as a Hearing Examiner is appointed through the process set forth in subsection B of this section.
D. The Hearing Examiner's performance as a department head may be reviewed annually through a process developed by the Council President or his/her designee for this process, or at a minimum, prior to consideration of reappointment.
E. The Hearing Examiner is authorized from time to time to appoint Hearing Examiners Pro Tempore to serve on a day-to-day basis during the absence, unavailability, incapacity or disqualification of the Hearing Examiner.
F. There is created in the Office of Hearing Examiner the position of Deputy Hearing Examiner. The Civil Service Commission having filed as a permanent record in the Office of the City Comptroller its recommendation that the position of Deputy Hearing Examiner is a professional or administrative office or position similar to offices and positions designated in Article XVI, Section 11 of the City Charter,1 and should not be included in the classified civil service, such position shall not be included in the classified civil service. Each Deputy Hearing Examiner shall be appointed by the Hearing Examiner, and perform such duties as shall be required by the Hearing Examiner, and may be removed at will by the Hearing Examiner.
G. Each Hearing Examiner, and each Deputy Hearing Examiner shall be an attorney having training and experience for the conduct of administrative or quasi-judicial hearings, or shall have such other qualifications as may be prescribed by ordinance providing for the appointment of a special Hearing Examiner.
(Ord. 121379 § 1, 2003; Ord. 106724 § 1, 1977; Ord. 106477 § 1, 1977; Ord. 104383 § 1, 1975; Ord. 102228 § 10, 1973.)
1. Editor's Note: The Charter is included at the beginning of this Code.
3.02.115 Hearing Examiner duties.
A. for the conduct of hearings as prescribed by ordinance in connection with weights and measures, consumer protection, and licenses issued for regulatory and/or revenue purposes, there is created in the Office of Hearing Examiner the position of Hearing Examiner and such Hearing Examiner, whose position shall not be included in the classified civil service, shall be appointed by the City Council in accordance with the Administrative Code of the City.
B. It shall be the duty of such Hearing Examiner to conduct hearings on appeals concerning the granting, denial, revocation, suspension or amendment of licenses, and to make investigations and hear appeals, protests and other matters relating to licenses, all as prescribed by and in accordance with ordinances providing for such appeals, protests, or other matters and this Administrative Code of the City. Written decisions of the Hearing Examiner made pursuant to such hearings shall be final, and the affected departments shall implement such decisions in accordance with the provisions of the Administrative Code and other applicable ordinances of the City.
(Ord. 117169 § 7, 1994; Ord. 102252 § 4, 1973.)
3.02.120 Powers of Hearing Examiner.
A. In the performance of duties prescribed by this chapter or other ordinances, Hearing Examiners may:
1. Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive relevant evidence, and conduct discovery procedures which may include propounding interrogatories and taking oral depositions pursuant to rules promulgated by the agency; provided, that no person shall be compelled to divulge information which he could not be compelled to divulge in a court of law;
2. Upon the request of an agency or any party, or upon his own volition, issue and cause to be served subpoenas for the attendance of witnesses and for production for examination of any books, records, or other information in the possession and under the control of any witness; provided that any such subpoena shall state the name and address of the witness sought, and if for the production of books, documents or things, shall specifically identify the same and the relevance thereof to the issues involved;
3. Regulate the course of the hearing in accordance with agency rules and this chapter and other applicable ordinances;
4. Hold conferences for the settlement or simplification of the issues by consent of the parties;
5. Dispose of procedural requests or similar matters;
6. Make decisions or recommendations in accordance with Section 3.02.100; and
7. Take any other action authorized by ordinance or agency rule consistent therewith.
B. In case of failure or refusal without lawful excuse of any person duly subpoenaed to attend pursuant to such subpoena, or to be sworn, or to answer any material and proper question, or to produce upon reasonable notice any material or proper books or records of other information in his possession and under his control, the Hearing Examiner may invoke the aid of the City Attorney who shall apply to the appropriate court for an order or other court action necessary to secure enforcement of the subpoena.
C. Using resources provided in the annual budget for the normal operation of the Office of Hearing Examiner, the Hearing Examiner may provide hearing examiner services to other public entities not likely to appear before the Hearing Examiner in City of Seattle matters. The Hearing Examiner is authorized, on behalf of the City and without further ordinance, to enter into one (1) or more contracts with other public entities, whether pursuant to RCW 39.34.080 or otherwise, under which the Hearing Examiner will provide, and the City of Seattle will be compensated for, those services. Before entering into any contract under this subsection, the Hearing Examiner shall obtain the advice of the City Attorney and the Risk Manager as to the contract's provisions for liability and indemnification. The compensation called for in each contract shall be established by the Hearing Examiner as he or she deems appropriate in each instance, but shall always be designed, at a minimum, to recover the Hearing Examiner's marginal costs of performing the services. The Hearing Examiner is authorized to accept all monetary compensation received under these contracts for deposit in the General Subfund.
(Ord. 121542 § 1, 2004; Ord. 102228 § 11, 1973.)
3.02.125 Hearing Examiner filing fees
A. Filing fees for hearings before the City Hearing Examiner are as follows:
Basis for Hearing Fee
Admission Tax
Deficiency (Ch. 5.40).... $50
Admission Tax, Revocation of
Exemption (Sec. 5.40.085).... No fee
Ballard Avenue Landmark Dis-
trict (Ch. 25.16).... 50
Business License Tax
Deficiency (Ch. 5.45).... 50
Cable Television Ordinance
(Ch. 21.60).... No fee
Columbia City Landmark
District (Ch. 25.20).... 50
Commercial Parking Tax
Deficiency (Ch. 5.35).... 50
Commute Trip Reduction (CTR) (Ch. 25.02).... 50
Design Decision in Multiple
Residence - Mixed
Density Zone (Ch. 24.38).... 50
Employee Hours Tax
(Ch. 5.37).... 50
Fair Employment Practices
Ordinance (Ch. 14.04).... No fee
Floating Home Moorages
(Ch. 7.20).... 50
/petitioner; maximum fee.... 150
Gambling Tax Deficiency
(Ch. 5.52).... 50
Grading Ordinance (Title 22,
Subtitle IB).... 50
Harvard/Belmont Landmark
District (Ch. 25.22).... 50
Housing Code (Ch. 22.206).... 50
Land Use Code Enforcement
(Ch. 23.90).... 50
Landmark Preservation Controls and
Incentives (Sec. 25.12.530).... No fee
Landmarks Preservation (Sec.
25.12.740 and Sec. 25.12.835).... 50
License Code (Title 6, Subtitle I).... 50
Master Use Permit (Ch. 23.76).... 50
Noise Ordinance (Ch. 25.08).... 50
Open Housing Ordinance
(Ch. 14.08).... No fee
Pike Place Market Historical
District (Ch. 25.24).... 50
Pioneer Square Minimum
Maintenance Ordinance
(Ch. 25.28, Subchapter II).... 50
Planned Unit Development
(Ch. 24.66).... 50
Plumbing Code (Ch. 20.16, Uniform
Plumbing Code, Ord. 116594).... 50
Property Tax Exemption, Cancellation
of Exemption (Ch. 5.72).... 50
Radiofrequency Radiation
Ordinance (Ch. 25.10).... 50
Refund Anticipation Loan (Ch. 7.26).... 5
Relocation Assistance (Ch. 20.84).... No fee
Seizure of Property– Controlled
Substances (RCW 69.50.505(e))....No fee
Special Review Districts (Ch. 23.66)....50
Square Footage Business Tax
(Ch.5.46).... 50
State Environmental Policy Act
(SEPA) (when not a Master Use
Permit component) (Ch. 25.04).... 50
Utility tax (Ch. 5.48).... 50
Zoning Map Amendments (Rezones)
(Ch. 23.34).... No fee
Zoning Rulings and Interpretations
(Ch. 23.88).... 50
B. Filing fees are nonrefundable unless otherwise provided in this Code. The City Hearing Examiner may waive a fee if its assessment will cause financial hardship to the appellant.
C. There is no fee for hearing appeals from an administrative assessment or an order under Sections 6.212.280 and 6.212.290.
(Ord. 123106, § 1, 2009; Ord. 123063, § 23, 2009; Ord. 122825, § 14, 2008; Ord. 122564, § 11, 2007; Ord. 122192, § 12, 2006; Ord. 122191, § 10, 2006; Ord. 121594 § 2, 2004; Ord. 120668 § 24, 2001; Ord. 119237 § 3, 1998; Ord. 116594 § 27, 1993; Ord. 116540 § 3, 1993; Ord. 116097 § 1, 1992; Ord. 116057 § 2, 1992; Ord. 115925 § 1, 1991; Ord. 115495 § 22, 1991; Ord. 110978 § 1, 1983; Ord. 109524 § 1, 1980; Ord. 108861 § 1, 1980; Ord. 108649 § 1, 1979.)
3.02.130 Agency action upon judicial review.
Whenever any party aggrieved by a final order or decision in a contested case seeks judicial review thereof, the agency may in accordance with guidelines established by rules filed pursuant to Section 3.02.060, and upon application therefor within ten (10) days after the filing of the petition for review and notice to all parties, stay enforcement of such order or decision pending such judicial review. When judicial review is sought as to any order or decision made after hearing, the agency shall at the request of any party and upon payment of the reasonable costs thereof, prepare and transmit to the reviewing court a certified copy of the entire record of the proceedings or such shortened record as may be agreed to by the parties or ordered by the court. At the request or direction of the court, the agency may take additional evidence and modify its findings or order or decision in accordance therewith. Such additional evidence and any modification shall become a part of the record and where appropriate shall be prepared and transmitted to the reviewing court as provided in this section.
(Ord. 102228 § 12, 1973.)
Subtitle II Chapter 3.06 Sections:
3.06.010 Department created.
3.06.015 Hours of operation
3.06.020 Director– Appointment and removal.
3.06.030 Director– Powers and duties.
3.06.040 Director– Agreements, rules and regulations.
3.06.050 Director– Fees and charges.
3.06.055 Restricted set-asides.
3.06.060 Transfer of Building Department responsibilities.
3.06.070 Land use duties transferred.
3.06.080 Continuation of rules and regulations.
3.06.090 Successor to Building Department.
1. Editor's Note: Former Sections 3.06.100 and 3.06.120 were editorially renumbered to Sections 3.18.160 and 3.18.180 in the December, 1986 supplement.
2. Editor's Note: Ordinance 121276, § 1 in part redesignated Chapter 3.06, "Department of Design, Construction and Development" as "Department of Planning and Development."
3.06.010 Department created.
A. There is created a Department of Planning and Development for the purpose of providing stewardship of the City's Comprehensive Plan, taking a lead role in overseeing and implementing the Comprehensive Plan, and administering City ordinances which regulate building construction, the use of land, and housing.
B. As of the effective date of Ordinance 121276,1 the Department of Design, Construction and land use shall be known as the Department of Planning and Development.
C. As of the effective date of Ordinance 121276,1 all references to "Construction and land use," "Design, Construction and land use", "Department of Construction and land use," "Department of Design, Construction and land use," "Director of Construction and land use," "Director of Design, Construction and land use," the "Department of Construction and land use Fund," "Department of Design, Construction and land use Fund", and "DCLU" are deemed to be references to "Planning and Development"; "Department of Planning and Development"; "Director of Planning and Development"; the "Department of Planning and Development Fund", or "DPD", respectively, except where the historical reference to "Construction and land use," "Design, Construction and land use", "Department of Construction and land use," "Department of Design, Construction and land use," "Director of Construction and land use," "Director of Design, Construction and land use," the "Department of Construction and land use Fund," "Department of Design, Construction and land use Fund", or "DCLU" is called for by context.
D. The City's Code Reviser is authorized to amend the Seattle Municipal Code over time as he or she deems appropriate in order to carry out the name change authorized by Ordinance 121276.1
(Ord. 121276 § 1, 2003; Ord. 120773 § 14, 2002; Ord. 119270 § 2, 1998; Ord. 109124 § 1, 1980.)
1. Editor's Note: Ordinance 121276 became effective on October 26, 2003.
3.06.015 Hours of operation
A. Except as set forth in subsection 3.06.015.B, the Applicant Services Center of the Department of Planning and Development shall be open for transaction of business a total of at least 35 hours per week. The Director of Planning and Development shall select hours between 7 a.m. and 5:30 p.m., Mondays through Fridays. These hours may vary by day of the week.
B. In weeks containing one or more days designated as holidays by RCW 1.16.050, the Applicant Services Center of the Department of Planning and Development shall be closed on those days, but shall be open a total of at least 35 hours less the number of hours it would normally be open on the weekdays on which holidays fall in that week.
(Ord. 123441, § 1, 2010; Ord. 121276 § 2, 2003; Ord. 120046 § 2, 2000.)
3.06.020 Director– Appointment and removal.
The Director of Planning and Development shall be appointed by the Mayor and confirmed by a majority of the City Council subject to reappointment and reconfirmation every four (4) years; and the Mayor may at any time remove the Director of Planning and Development upon filing a statement of reasons therefor with the City Council.
(Ord. 121276 § 3, 2003; Ord. 119270 § 3, 1998; Ord. 109124 § 2, 1980.)
3.06.030 Director– Powers and duties.
The Director of the Department of Planning and Development, under direction of the Mayor, shall manage the Department of Planning and Development, appoint, assign and dismiss all employees in conformance with the City's personnel ordinances and rules, and perform the following functions:
A. Enforcing building ordinances of the City, including but not limited to the provisions of the Building Code; the Electrical Code; the Mechanical Code; the Housing and Building Maintenance Code; the Land Use Code; the Pioneer Square Minimum Maintenance Ordinance; the Condominium Conversion Ordinance; the Energy Code; the Stormwater Code; the Grading Code; and appropriate regulations;
B. Processing applications for construction permits, for grading permits, for use permits, for zoning exceptions, for subdivisions and for other land use approvals, including those related to shorelines management, but excluding those related to historic preservation;
C. Stewarding, overseeing and implementing the City's Comprehensive Plan, including monitoring and proposing updates to the Comprehensive Plan, related plans associated with growth management and the shoreline master program as required or directed;
D. Preparing and maintaining and proposing updates of such sub-area land use plans as required or directed;
E. Conducting reviews of the effects of proposed projects on the environment, as contemplated in the State Environmental Policy Act and City ordinances;
F. Promoting the conservation of the City's housing stock;
G. Maintaining appropriate records regarding property, permits and structures;
H. Providing appropriate administrative and staff support to the Seattle Planning Commission and the Seattle Design Commission; provided, however, that a) the independence of the Planning Commission recommendations pursuant to Article XIV, Section 3 of the City Charter1 is preserved, b) that the Planning Commission is able to respond to requests and provide advice to the Mayor and/or Council at its discretion, and c) the Commission is able to participate in the selection of staff to support the Commission and have approval authority with respect to the selection and assignment of the principal staff person;
I. Discharging such other responsibilities as may be directed by ordinance.
The Director shall consult on all matters of structural strength and design with an assistant who is a licensed structural engineer or architect with at least five (5) years' experience in the practice of his/her profession, unless the Director possesses such qualifications. Moreover, the Director shall consult on all matters concerning compliance with design guidelines with a qualified architect or urban designer with at least five (5) years of experience in the practice of his/her profession, unless the Director possesses such qualifications.
(Ord. 123106, § 2, 2009; Ord. 121276 § 4, 2003; Ord. 120773 § 15, 2002; Ord. 119270 § 4, 1998; Ord. 116909 § 2, 1993; Ord. 109124 § 3, 1980.)
1. Editor's Note: The Charter is included at the beginning of this Code.
3.06.040 Director– Agreements, rules and regulations.
The Director of Planning and Development is authorized to enter into such agreements, including interdepartmental agreements, consistent with provisions of law and the City Charter, as he or she shall deem appropriate for carrying out the responsibilities, functions, and activities of the Department of Planning and Development and may establish such rules, procedures and regulations, consistent with this chapter and other ordinances, as may appear necessary and proper including rules interpreting Municipal Code provisions and establishing standards as authorized by the Code.
(Ord. 122205, § 1, 2006; Ord. 121276 § 5, 2003; Ord. 119270 § 5, 1998; Ord. 109124 § 4, 1980.)
1. Editor's Note: The Charter is included at the beginning of this Code.
3.06.050 Director– Fees and charges.
The Director of Planning and Development shall charge such fees for licenses, permits, inspections, reviews and other services and approvals as may be provided by ordinance.
(Ord. 121276 § 6, 2003; Ord. 119270 § 6, 1998; Ord. 109124 § 6, 1980.)
3.06.055 Restricted set-asides.
A. The Director of Finance and Administrative Services shall create within the Department of Planning and Development Fund a set-aside account funded from regulatory fees and other money allotted thereto, for the accumulation of set-asides for the following municipal purposes:
1. Staffing Stability– to allow the Department of Planning and Development to retain trained staff during cyclical economic downturns so that the experience and abilities of that staff are available to customers when the economy again turns upward.
2. Technology– to accumulate needed funding to assure that major technology systems of the Department of Planning and Development can be upgraded or replaced when necessary.
3. Technology Currency– to hold funds adequate to accomplish normal personal computer replacements for the Department of Planning and Development for a single year so that normal upgrades can occur even in the trough of an economic downturn.
4. Strategic Planning and Implementation– to allow the Department of Planning and Development to plan ahead for continuous process improvements to better serve its customers, and to implement those plans, including staff training and equipment.
B. 1. Expenditures from the set-aside account shall be made only when expressly authorized by the City Council either by identification in the budget ordinance or other ordinance, or as set out in subsection B2 below with respect to the staffing stability set-aside.
2. The Director of Department of Planning and Development may, within the limits of that department's budgeted expenditure authority, draw on the appropriate subdivision of the staffing stability set-aside for the purpose established in subsection A1 to pay staffing costs associated with a particular regulatory revenue source, but only when doing so is consistent with the most recently adopted financial policies for the department. The Director shall provide 60 days notice in advance to the chair of the City Council's Finance, Budget and Economic Development Committee, or its successor committee with responsibility for making recommendations on legislative matters relating to budget and financing of each proposed use of the staffing stability set-aside under authority of this subsection B2.
(Ord. 123361, § 32, 2010; Ord. 121276 § 7, 2003; Ord. 120794 § 13, 2002; Ord. 120537 § 1, 2001; Ord. 119501 § 1, 1999.)
3.06.060 Transfer of Building Department responsibilities.
As of June 4, 1980, all of the responsibilities, books, papers, properties, equipment, rights and contractual and other obligations of the Building Department which have not been transferred to the Departments of Community Development and Administrative Services are transferred to the Department of Construction and land use. Employees filling positions at the time of transfer shall continue employment in such positions without interruption of service. The Building Department and the Building Department Operating Fund are abolished as of June 4, 1980 and as of December 31, 1980 respectively, and assets and liabilities which are attributable to those activities of the Building Department transferred to the Department of Construction and land use are transferred to and shall become assets and liabilities of the Department of Construction and land use and of the Construction and land use Fund.
(Ord. 109124 § 7, 1980.)
3.06.070 Land use duties transferred.
As of June 4, 1980, the responsibilities associated with analyses, reports, presentations and other activities related to the processing of applications for variances, conditional uses and other matters under the Zoning Ordinance (86300),1 the Subdivision Ordinance (105636),1 the State Environmental Policy Act and related City ordinances, the Shorelines Management Act and other legislation relating to land use regulation heretofore assigned to the Technical Review Section of the Environmental Management Division of the Department of Community Development are transferred to the Department of Construction and land use along with the obligations associated with the accomplishment of such responsibilities, including conducting zoning studies and preparing zoning text amendments.
(Ord. 115958 § 10, 1991; Ord. 109124 § 9, 1980.)
1. Editor's Note: The Land Use Code is codified in Title 23 of this Code.
3.06.080 Continuation of rules and regulations.
All rules, regulations and procedures in effect as of the effective date of Ordinance 121276,1 with respect to the activities carried on by the Department of Design, Construction and land use shall continue to be in effect until they expire of their own terms or are superseded by new rules, procedures and regulations adopted in conformance with the Administrative Code2 or other applicable law.
(Ord. 121276 § 8, 2003; Ord. 119270 § 7, 1998; Ord. 109124 § 17, 1980.)
1. Editor's Note: Ordinance 121276 became effective on October 26, 2003.
2. Editor's Note: The Administrative Code is codified in Chapter 3.02 of this Code.
3.06.090 Successor to Building Department.
As of June 4, 1980, the Department of Construction and land use is designated to be the successor agency, under direction of the Mayor, to the Building Department with respect to enforcing building ordinances of the City, including but not limited to the Building Code, the Electrical Code, the Mechanical Code, the Housing Code, the Zoning Code and Litter Ordinance, the Minimum Maintenance Ordinance, the Condominium Conversion Ordinance, the Energy Code, the Grading Ordinance, and appropriate regulations; enforcing City ordinances, contracts and rules relating to the Building Department for activities not transferred from the Building Department to the Department of Community Development or the Department of Administrative Services; and carrying out all other activities of the Building Department not transferred from the Building Department. All responsibilities, agreements, obligations, benefits and billings of the Building Department and the Building Department Operating Fund with respect to the activities of the Code Enforcement, Housing Conservation and Administrative Services Divisions of the Building Department shall be deemed to be responsibilities, agreements, obligations, benefits and billings of the Department of Construction and land use and of the Construction and land use Fund.
(Ord. 109124 § 18, 1980.)
Chapter 3.08 Sections:
3.08.010 Department established– Superintendent.
3.08.020 Adoption of rules.
3.08.030 Superintendent's duties.
3.08.040 Transfer from Charter authorization.
3.08.010 Department established– Superintendent.
A. There shall be a City Light Department, consisting of the municipal light and power system,1 the head of which shall be the Superintendent of City Light.
B. The Superintendent of City Light shall be appointed by the Mayor and confirmed by a majority of the City Council, subject to reconfirmation every four years; provided, that the Superintendent of Lighting appointed pursuant to Charter Article VII prior to its 1977 amendment, and serving immediately prior to the effective date of the ordinance codified in this chapter,2 shall serve as the first Superintendent of City Light pursuant to the provisions of this chapter until December 31, 1979.
(Ord. 107787 § 1, 1978.)
1. Cross-reference: For provisions regarding the Seattle City Light Department, see Chapter 21.49 of this Code.
2. Editor's Note: Ord. 107787 became effective on January 1, 1979.
3.08.020 Adoption of rules.
Pursuant to the Administrative Code (Ordinance 102228),1 the Superintendent of City Light may adopt whatever rule he or she deems useful for the conduct of the Department's business.
(Ord. 107787 § 2, 1978.)
1. Editor's Note: The Administrative Code is codified in Chapter 3.02 of this Code.
3.08.030 Superintendent's duties.
Under the direction of the Mayor, the duties of the Superintendent of City Light include:
A. Managing, controlling, operating and maintaining the municipal light and power system and related facilities;
B. Enforcing and implementing City ordinances, contracts, and rules which relate to the City Light Department;
C. Appointing, supervising and controlling all officers and employees of the City Light Department, subject to personnel ordinances and rules of the City;
D. Making maps, surveys, profiles, plans, specifications, estimates and reports in connection with the City Light Department as directed by the City;
E. Laying out, directing, constructing and supervising all public works of the City Light Department;
F. Performing other duties as directed by the City.
(Ord. 107787 § 3, 1978.)
3.08.040 Transfer from Charter authorization.
A. The Department of Lighting heretofore established by Charter Article VII1 shall become the Department of City Light established pursuant to the provisions of this chapter.
B. All of the records, books, papers, properties, equipment, offices, rights and responsibilities of the Department heretofore created by Charter are transferred to the department established by this chapter.
C. The appointment of each and every employee of the City Light Department heretofore established by Charter is ratified and confirmed as an appointment to the City Light Department established pursuant to the provisions of this chapter, and such employment shall be deemed to be continuous and without interruption of service, and no employee shall suffer any loss of accrued service credit, vacation time, sick leave, compensation time, or any other benefit, on account of the transfer from a department created by Charter to a department created by this chapter.
(Ord. 107787 § 4, 1978.)
1. Editor's Note: The Charter is included at the beginning of this Code.
Chapter 3.10 Sections:
3.10.060 Entrepreneurial Assistance Program– Confidentiality.
3.10.060 Entrepreneurial Assistance Program– Confidentiality.
As of July 1, 1972, such specific creative proposals, product information and financial information as is contained in the Office of Economic Development Entrepreneurial Assistance Program forms shall be confidential and shall not be made public, nor shall they be subject to the inspection of any person except duly authorized City employees.
(Ord. 101281 § 1, 1972.)
Chapter 3.12 Sections:
Subchapter I Department Regulations
3.12.010 Department created– Director.
3.12.020 Adoption of rules.
3.12.030 Director's duties.
Subchapter II Funding of Restricted Parking Zones
3.12.120 Disposition of permit fees.
Subchapter III Agreements and Payments for Departmental Work or Services
3.12.210 Payment for work or services.
3.12.220 Use of funds.
1. Editor's Note: Ordinance 121420 § 1, in part, changed the title of Chapter 3.12 from "Seattle transportation" to "Seattle Department of Transportation."
Subchapter I 3.12.010 Department created– Director.
A. There shall be a department named the Seattle Department of Transportation, the head of which shall be the Director of Transportation.
B. The Director of Transportation shall be appointed by the Mayor and confirmed by a majority of the City Council, and shall be subject to reappointment and reconfirmation every four years.
C. As of the effective date of this ordinance [Ordinance 121420], all references to "Seattle transportation", "Department of engineering", "Engineering department", "Seatran", "Director of engineering" or "City engineer" are deemed to be references to the "Seattle Department of Transportation", "SDOT", or the "Director of Transportation", respectively, except where the historical reference to "Seattle transportation", "Department of engineering", "Engineering department", "Seatran", "Director of engineering" or "City engineer" is called for by context.
D. The City's Code Reviser is authorized to amend the Seattle Municipal Code over time as he or she deems appropriate in order to carry out the name change authorized by this ordinance [Ordinance 121420].
(Ord. 121420 § 1, 2004; Ord. 118409 § 5(part), 1996: Ord. 107789 § 1, 1978.)
3.12.020 Adoption of rules.
Pursuant to the Administrative Code (Ordinance 102228),1 the Director of Transportation may adopt whatever rule he or she deems useful for the conduct of the Department's business including rules interpreting Municipal Code provisions and establishing standards authorized by the Code.
(Ord. 122205, § 2, 2006; Ord. 118409 § 5(part), 1996: Ord. 107789 § 2, 1978.)
1. Editor's Note: The Administrative Code is codified in Chapter 3.02 of this Code.
3.12.030 Director's duties.
Under the direction of the Mayor, the functions of the Director of Transportation include:
A. Making transportation surveys, maps, profiles, plans, specifications, estimates and reports as required by the City;
B. Laying out, directing and supervising the construction of transportation public works required by the City within the City and on property belonging to or controlled by the City, except as otherwise provided by ordinance placing such responsibility in another department;
C. Superintending, managing, constructing, repairing, maintaining, cleaning and controlling bridges, wharves, streets, gutters, sidewalks;
D. Enforcing and implementing City ordinances, contracts, and rules that relate to the Seattle Department of Transportation;
E. Appointing, supervising and controlling the officers and employees of the Seattle Department of Transportation subject to personnel ordinances and rules of the City;
F. Conducting transportation planning; coordinating with and assisting Metropolitan King County in transit activities; participating in regional transportation planning; operating programs and activities to reduce traffic congestion, including among other activities, encouragement of carpools, vanpools, ride sharing, the use of transit or traveling at other than peak hours, and furthering bicycling and other modes of travel;
G. Maintaining a repository of City survey, graphic, climatic, soils and engineering records; of plans and construction notes of all work in street area;
H. Managing, coordinating and staffing major transportation-related projects;
I. Performing such other functions as assigned by the City.
If the Director does not possess at least ten (10) years' experience in civil engineering, he or she shall appoint and consult on all engineering matters with an assistant who is a professional engineer and has such experience.
(Ord. 121420 § 2, 2004; Ord. 120773 § 21, 2002: Ord. 118409 § 5(part), 1996: Ord. 109480 § 2, 1980: Ord. 107789 § 3, 1978.)
Subchapter II 3.12.120 Disposition of permit fees.
Fees collected by the Seattle Department of Transportation for permits or other means of extending parking privileges in any restricted parking zone, as authorized in Seattle Municipal Code Section 11.16.120, shall be deposited in the Seattle Department of Transportation Operating Fund for the purpose of reimbursing ongoing operating costs of restricted parking zones.
(Ord. 123001, § 1, 2009; Ord. 121420 § 4, 2004; Ord. 118409 § 5(part), 1996: Ord. 111749 § 2, 1984.)
Subchapter III 3.12.210 Payment for work or services.
The Director of Transportation is authorized for and on behalf of the City of Seattle to execute agreements for, and pursuant thereto, to accept moneys received from owners and/or developers for work or services performed or furnished by the Seattle Department of Transportation in connection with the development, subdivision or platting of real property as:
A. Payments pursuant to voluntary agreements authorized by RCW 82.02.020;
B. Payments for environmental mitigation and conditions pursuant to RCW Chapter 43.21C (State Environmental Policy Act) and WAC 197-11-660 (State Environmental Policy Act Rules);
C. Payments pursuant to Chapter 179, Laws of 1988;
D. Payments for studies or services performed or for acquiring consultant services in connection with the department's environmental review or analysis of a proposed development, subdivision, or project; and/or
E. Payments under a contract for the City to conduct particular studies or supply information sought by a contracting party in connection with a proposed improvement.
The work or services may include, among other activities, capital improvements; studies and/or assessments of the impact of a proposed improvement on traffic, parking, or the structural integrity of a street in the vicinity; adjusting or installing traffic control devices; establishing residential preference parking zones on nearby streets; and/or extraordinary research into departmental archives. The Director of Transportation is authorized to retain expert and consultant services as appropriate for such work in accordance with City and department selection procedures.
(Ord. 121420 § 5, 2004; Ord. 118409 § 5(part), 1996: Ord. 114107 § 1(part), 1988.)
3.12.220 Use of funds.
Funds received shall be deposited into the Guaranty Deposit Fund and used only for the purposes contemplated by the payment. Payments received under voluntary agreements that remain unexpended after five (5) years shall be refunded as required by RCW 82.02.020; surpluses remaining after providing studies and contractual services shall be refunded within thirty (30) days after completion thereof. All appropriations of funds received and deposited appropriate to carry out the purposes of payments authorized in Section 3.12.210 and to make refunds of unexpended funds are hereby made and authorized.
(Ord. 118409 § 5(part), 1996: Ord. 116368 § 38, 1992: Ord. 114107 § 1(part), 1988.)
Chapter 3.14 Statutory Reference: For Charter provisions on the Executive Department, see Charter Art. V.
Sections:
Subchapter I City Budget Office
3.14.100 City Budget Office created– Functions, powers, and authority. 3.14.110 City Budget Director– Appointment– Removal.
Subchapter II Office of Intergovernmental Relations
3.14.400 Office created.
3.14.410 Director– Appointment.
3.14.420 Director– Duties.
3.14.425 International affairs.
3.14.430 Transfer of records and responsibilities.
Subchapter III Reserved
Subchapter IV Office of Economic Development
3.14.600 Office established– Functions.
3.14.610 Director– Appointment– Removal.
3.14.620 Director– Powers and authority.
Subchapter V Office of Housing
3.14.700 Office of Housing created– Mission.
3.14.710 Office– Purpose.
3.14.720 Director of the Office of Housing– Appointment– Removal.
3.14.730 Director– Duties.
3.14.740 Director– Ancillary duties.
3.14.750 Work program to be adopted by City Council.
Subchapter VI Office of Arts and Cultural Affairs
3.14.800 Office established– Purpose and functions.
3.14.810 Director– Appointment and removal.
3.14.815 Director– Duties.
3.14.820 Seattle Arts Commission– Established.
3.14.825 Seattle Arts Commission– Membership and officers.
3.14.830 Seattle Arts Commission– Duties.
3.14.840 Deaccessioning and disposition of surplus artworks.
3.14.845 Application of proceeds of sale of artwork.
Subchapter VII Office for Civil Rights
3.14.900 Office established– Purpose.
3.14.910 Director– Appointment.
3.14.911 Adoption of rules.
3.14.912 Director's right to subpoena witnesses and take testimony.
3.14.913 Funds for settlement of claims.
3.14.915 Grants and donations– Information and education projects– Account in trust fund.
3.14.918 Appropriations and expenditures– OCR Public Information and Educational Materials Account.
3.14.920 Commissions– Established– Membership.
3.14.930 Seattle Womens' Commission– Duties.
3.14.931 Seattle Human Rights Commission– Duties.
3.14.932 Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission– Duties.
3.14.933 Seattle Commission for People with Disabilities– Duties.
3.14.940 Commissions– Organization– Adoption of rules.
Subchapter VIII Office of Sustainability and Environment
3.14.950 Office created– Functions.
3.14.960 Director– Appointment and removal.
3.14.970 Director– Duties.
3.14.980 Work program to be adopted by City Council.
Subchapter I ------------
Editor's note: Ord. No. 123361, § 7, amended the Code by renaming Subchapter I. Formerly Subchapter I was entitled "Office of Cable Communications."
------------
3.14.100 City Budget Office created– Functions, powers, and authority.
There is established a City Budget Office in the Executive Department to direct City budgeting functions and oversee its fiscal policy and financial planning activities unless law or ordinance vests such power elsewhere.
The head of the City Budget Office shall be the City Budget Director. The City Budget Director's functions and powers include the following:
A. Subject to the City's personnel ordinances and rules, appoint, assign, supervise and control all officers and employees in the Office;
B. Manage the preparation of the proposed budget for the Office, authorize appropriate expenditures, monitor, and carry out the adopted budget, develop and manage programs, and undertake authorized activities;
C. Be the Budget Director as referenced in Chapter 35.32A RCW and prepare the Mayor's proposed budgets for submission to the City Council, giving guidance as appropriate to other City departments, offices, boards, and commissions in the preparation of their proposed budgets;
D. Provide strategic financial analysis, including analysis that relates to the use of revenues, debt, long term financial planning, and special trends and events;
E. Be the Mayor's agent with regard to the acceptance of Council Bills that have been passed by the City Council and are presented for mayoral action;
F. Provide technical assistance, training, and support to City departments in performing financial functions; and
G. Perform such other activities as may be assigned by ordinance from time to time.
(Ord. 123361, § 8, 2010)
3.14.110 City Budget Director– Appointment– Removal.
The City Budget Director shall be appointed, by the Mayor, subject to confirmation by a majority vote of the City Council, and shall be subject to reappointment and reconfirmation every four years. The City Budget Director may be removed by the Mayor upon filing a statement of his or her reasons for the removal with the City Council.
(Ord. 123361, § 9, 2010)
Subchapter II 3.14.400 Office created.
As of January 1, 1979, there is created, within the Executive Department, an Office of Intergovernmental Relations.
(Ord. 108098 § 1, 1979.)
3.14.410 Director– Appointment.
The Director of the Office of Intergovernmental Relations shall be appointed by the Mayor, subject to confirmation by a majority vote of all members of the City Council. Pending permanent appointment of such Director under the authority of this section, the Mayor is authorized as of January 1, 1979, to appoint a person to temporarily act as the Director of the Office of Intergovernmental Relations for a period of sixty (60) days and thereafter for successive sixty (60) day periods with the approval of the City Council.
(Ord. 108098 § 2, 1979.)
3.14.420 Director– Duties.
Under the direction of the Mayor, and in consultation with the City Council, the duties of the Director of the Office of Intergovernmental Relations shall be as follows:
A. To provide support to the Mayor and City Council in their interactions with regional, state, federal and international officials and entities.
B. To facilitate the process of developing the City's State and Federal legislative priorities by working with the Mayor and City Council to identify joint priorities and helping to resolve differences.
C. To represent and support the interests of the City, as determined by the Mayor and the City Council, in interactions with Congress, federal agencies, national organizations, and appointed and elected national officials, and to influence lawfully the decisions and actions of such individuals, Congress and agencies in support of City activities and policies;
D. To represent and support the interests of the City, as determined by the Mayor and the City Council, and its policies in relationship with the State Legislature, Governor's Office, agencies and state boards and commissions, and to develop and represent the City's annual State Legislative Program;
E. To coordinate and provide staff support in the representation of the City and its interests and policies in interactions with special and multipurpose regional agencies and general purpose local government, and to influence the decisions and actions of these agencies in accordance with City policy;
F. To represent and support the interests of the City in interactions with foreign consular officials, international organizations, international delegations and dignitaries, and to manage Seattle's Sister City and other international programs.
G. To appoint, remove, supervise, and control all officers and employees of the Office of Intergovernmental Relations in accordance with civil service laws and rules;
H. To manage the preparation of the proposed annual budget of the Office of Intergovernmental Relations, authorize necessary expenditures, and supervise the maintenance of adequate accounting systems and procedures;
I. To ensure that the City's elected officials and departments are made aware of major federal funding programs, regulatory and legislative activity and to coordinate the City's response to these federal actions;
J. To ensure that the City's elected officials and departments are supported and staffed on all policy issues arising in the regional agencies such as King County Government, Puget Sound Council of Governments, Economic Development District and any other regional governmental agencies as needed;
K. To ensure that the City's elected officials and departments are made aware of major state funding programs, regulatory and legislative actions and assist them in participating in these state activities.
L. To ensure that the City's elected officials and departments are supported and staffed on all policy issues and activities arising from the City's international programs, relationships and activities.
M. To provide monitoring of public corporations established pursuant to Seattle Municipal Code Chapter 3.110, in consultation with the Director of Finance.
N. For the duration of regular and special sessions of the Washington State Legislature, provide written and in-person updates to the Mayor and City Council, at regular intervals.
(Ord. 123361, § 10, 2010; Ord. 108098 § 3, 1979.)
3.14.425 International affairs.
Under the direction of the Mayor, the Director of the Office of Intergovernmental Relations shall:
A. Represent and support the interest of the City in interactions with foreign heads of state, consular representatives, state officials, and federal representatives regarding foreign activities;
B. Establish and coordinate relations with other local and state jurisdictions and private businesses to promote foreign investment activities through international trade, tourism and exporting and marketing Seattle products and services;
C. Coordinate and provide staff support in representing the City and its interests and policies in interactions with private groups promoting the City, including, but not limited to, Sister City programs, Central American Commission, World Affairs Council, and other groups involved in international activities;
D. Provide all elected officials and department directors assistance with protocol activities by helping the City's representatives with background material and arrangements for international visitors and dignitaries;
E. Inform the City's elected officials and departments of the major activities occurring in the areas of foreign trade, tourism, exporting, marketing, and private initiatives that would have beneficial direct and indirect impact on the City;
F. Support the City's elected officials and departments on all policy issues relating to other local, state, and private jurisdictions' international relations.
(Ord. 115936 § 1, 1991.)
Editor's Note: By agreement authorized by Ordinance 116711, the Seattle King County Convention Bureau will maintain and administer a private International Relations Trust Fund, for the receipt of donations for the purchase of gifts for use by the City and City officials in the course of municipal affairs in reciprocal gift-giving, purchase of meals for foreign dignitaries and government officials of foreign countries; or for payment of expenses of a reception in honor of such visitors.
3.14.430 Transfer of records and responsibilities.
All of the records, books, papers, properties, equipment, rights, and responsibilities of the division heretofore created by Ordinance 1040671 are transferred to the office established by this subchapter.
(Ord. 108098 § 4, 1979.)
1. Editor's Note: Ord. 104067 has been repealed by Ord. 108735.
Subchapter III Subchapter IV 3.14.600 Office established– Functions.
There is established within the Executive Department, an Office of Economic Development, under the direction of the Mayor. The functions of the Office shall be as follows:
A. To coordinate City policies and programs to support:
1. A healthy, diversified economy,
2. Employers, both large and small,
3. Small business creation and expansion,
4. The creation and retention of livable-wage jobs in Seattle and the region,
5. Expanded employment and training opportunities, especially for low-income individuals, and
6. The development and expansion of community-based organizations capable of implementing locally supported development initiatives;
B. To administer the City's business loan programs, including the Neighborhood Business Development Loan Program (Ordinance 116245), Seattle Small Business Lenders Association program (Ordinances 116245 and 116341),1 Community Development Block Grant float loans (Ordinance 116402), Urban Development Action Grant loans, Washington State Development Loan Fund loans, Southeast Revolving Fund loans (Ordinances 109267 and 113991),2 any other business loan programs not allocated by ordinance to other departments or offices, and any other programs or projects allocated to such office by ordinance;
C. To provide staff support to the Board of Directors of The City of Seattle Industrial Development Corporation;
D. To negotiate and administer contracts with, and City funding of, organizations engaged in business assistance, trade development, economic research, tourism, international trade and the provision of services funded through the Neighborhood Matching Fund; and
E. To administer terms and conditions of contracts for transfer of commercial real estate as designated by the Mayor or by ordinance.
(Ord. 116457 § 1(part), 1992.)
1. Editor's Note: The provisions of Ordinances 116245, 116341 and 116402 are not set out in this Code, but may be consulted in the office of the City Clerk.
2. Funds established in Ordinances 109267 and 113991 are listed in Chapter 5.76 of this Code.
3.14.610 Director– Appointment– Removal.
The Director of the Office of Economic Development shall be appointed by the Mayor, subject to confirmation by a majority vote of all members of the City Council, and may be removed by the Mayor upon filing a statement of his or her reasons therefor with the City Council.
(Ord. 116457 § 1(part), 1992.)
3.14.620 Director– Powers and authority.
Under the direction of the Mayor, and in consultation with the City Council, the duties and powers of the Director of the Office of Economic Development shall be as follows:
A. To appoint, remove, assign, supervise, and control all officers and employees of the Office of Economic Development in accordance with applicable civil service laws and rules;
B. To manage the preparation of the annual budget of the Office of Economic Development; authorize appropriate expenditures and carry out the adopted budget; develop and manage programs; and undertake authorized activities;
C. To make, modify, alter, and extend loans under the City's business loan programs consistent with the laws and ordinances relating to each program; to accept, release, subordinate, and foreclose on security interests in real and personal property; and to sign and deliver documents and to take other actions as shall be necessary or appropriate for such purposes;
D. To develop programs and seek additional funding sources for economic development citywide and in low-income and/or ethnic and minority communities, including programs and funding sources which promote, encourage and facilitate (i) business retention and expansion, (ii) job creation and retention, (iii) mixed-use and/or industrial/commercial real estate development and (iv) workforce development;
E. To accept unrestricted donations of funds from identified donors in an amount up to $1,000;
F. To enter into and enforce contracts (including agreements for expert and consultant services) subject to applicable purchasing and bidding ordinances; and execute interdepartmental agreements, and, as authorized by ordinance, intergovernmental agreements;
G. To serve as the City's representative to boards, commissions, and organizations engaged in economic development activities and play a leadership role in the creation and execution of the economic development priorities for the City and the region;
H. To execute programs that promote business growth and job creation, especially as it relates to small and disadvantaged businesses, including but not limited to accessing financing and navigating government services and regulatory processes;
I. In connection with any project or program now or hereafter coming within the responsibility of the Office of Economic Development but previously vested by ordinance in another City department, to exercise all authority vested in the director of such other department with respect to such project or program, unless otherwise provided by ordinance;
J. To administer all ordinances pertaining to the Office of Economic Development;
K. To exercise such other and further powers and duties as shall be prescribed by ordinance; and
L. To adopt, amend, and rescind administrative rules, as provided in the Chapter 3.02, in order to implement the Director's powers and authority.
(Ord. 123361, § 33, 2010; Ord. 123090, § 7, 2009; Ord. 120181 § 15, 2000; Ord. 116457 § 1(part), 1992.)
Subchapter V 3.14.700 Office of Housing created– Mission.
A. There is established in the Executive Department an Office of Housing. The mission of the Office of Housing is to facilitate the substantial development of housing units for individuals earning zero (0) to one hundred twenty (120) percent of median income (low to moderate income households) via the identification and leveraging of public and private resources for such development; to increase the preservation of existing affordable multifamily and single-family housing; and to create and operate an efficient, effective organizational structure which aids in the accomplishment of this mission.
B. The intent of this section is to state generally the mission and activities of the Office. This section shall not be construed to create, establish or designate any particular class or group of persons who will or should be especially protected or benefited, nor to create any entitlement to any benefits or services.
(Ord. 119273 § 10, 1998.)
3.14.710 Office– Purpose.
The Office of Housing is established to develop comprehensive housing policies, programs, and plans; to act as coordinator and advocate for housing needs; to administrate, coordinate, and operate City housing policies, programs, and functions. The purposes of the Office of Housing are as follows:
A. Maintain and increase the City's strong commitment to the preservation and development of low-income housing;
B. Increase the supply of all types of housing in ways that enhance community;
C. Develop strategies for preserving existing, affordable housing units;
D. Develop strategies that encourage greater preservation and utilization of existing housing stock to increase the supply of all types of housing;
E. Strengthen partnerships to leverage community resources and public and private dollars;
F. Develop leadership and expertise in housing project development, management, and finance in order to best support community housing efforts.
(Ord. 119273 § 11, 1998.)
3.14.720 Director of the Office of Housing– Appointment– Removal.
The Director of the Office of Housing shall be appointed by the Mayor, subject to confirmation by a majority vote of all members of the City Council, and may be removed by the Mayor upon filing a statement of his or her reasons therefor with the City Council. The Director of the Office of Housing may be referred to as the Director of Housing.
(Ord. 119273 § 12, 1998.)
3.14.730 Director– Duties.
Under the direction of the Mayor, the duties of the Director of Housing are as follows:
A. Oversee and manage the functions of the Office of Housing as set forth in Section 3.14.700;
B. Such other functions and duties as may be assigned by ordinance.
(Ord. 119273 § 13, 1998.)
3.14.740 Director– Ancillary duties.
In order to carry out office functions, the Director of Housing shall have the power to:
A. Appoint, remove, assign, supervise and control officers and employees in the Office of Housing in accordance with applicable civil service ordinance and rules;
B. Manage the preparation of the proposed budget for the Office of Housing, authorize appropriate expenditures and carry out the adopted budget, supervise the maintenance of adequate accounting systems and procedures, develop and manage programs, and undertake authorized activities;
C. Execute, deliver, indorse, modify, accept, administer, perform and enforce such agreements (including without limitation agreements for expert and consultant services, interdepartmental agreements, and agreements with other public entities), instruments, and other documents as he or she shall deem necessary or appropriate to implement ordinances, policies and programs, consistent with applicable laws and ordinances;
D. Collect amounts owing to the City under housing financing documents and contracts relating to housing development or to the sale of property for housing, and in the administration of the foregoing, subordinate liens or other interests of the City, compromise the City's claims or interests, and release parties and property from obligations and interests in favor of the City, all as he or she shall deem necessary or appropriate in the interests of the City and subject to applicable laws;
E. Grant and modify leases of real property under the jurisdiction of the Office of Housing, subject to SMC Section 3.18.300, and grant licenses for temporary use of such property, and prescribe and collect rents or charges therefor;
F. Apply to the federal and state governments for funding available for housing, and take all such actions as may be necessary to comply with federal and state requirements respecting the use of such funds when they are included in the adopted budget of the City or their acceptance is otherwise authorized by ordinance;
G. Promulgate and amend, in accordance with the City Administrative Code to the extent applicable, rules, regulations and policies to carry out Office of Housing activities; provided that no such rule, regulation or policy shall confer any rights to entitlement upon any person, entity, class or group, nor undertake any legal duty to any person, entity, class or group.
(Ord. 119273 § 14, 1998.)
3.14.750 Work program to be adopted by City Council.
The annual work program for the Office of Housing, showing anticipated tasks, likely work products, and approximate assignments of FTEs shall be set by the City Council. The Council's review of the work program shall be in two (2) steps:
A. The Director of Housing shall submit a preliminary proposed work program for the following year to the City Council no later than October 1st of the current year for review during the budget process.
B. By January 15th the following year, the Director of Housing shall submit a revised proposed work program to the City Council. During the first quarter, the City Council shall adopt a resolution setting the final work program for the Office of Housing. This resolution shall guide the work of the Office throughout the year, and any significant changes to the work shall require Council approval.
(Ord. 119273 § 15, 1998.)
Subchapter VI 3.14.800 Office established– Purpose and functions.
There is established in the Executive Department an Office of Arts and Cultural Affairs, under the direction of the Mayor, to stimulate a diverse and lively arts and cultural environment that draws on the full potential of artists across a broad cultural spectrum, reflects and responds to civic concerns and aspirations, and enriches the lives of all members of our community. The functions of the Office of Arts and Cultural Affairs shall include the following:
A. Assist the City in the development of high quality arts and cultural programs and services, and promote Seattle as a capital of creativity and innovation;
B. Advise the City on arts and cultural policy;
C. Develop arts and cultural initiatives to encourage greater participation in, and increased public access to, arts and culture in Seattle. Such programs and initiatives may include partnerships with other City agencies, as well as other public or private entities;
D. Administer and implement the City of Seattle's Municipal Arts Fund, including the "One Percent (1%) for Art" appropriations;
E. Provide information and resources to artists and arts and cultural organizations; and
F. Promote Seattle's artistic and cultural assets in music, visual arts, performing arts, literary arts, and media arts.
(Ord. 121006 § 7(part), 2002.)
3.14.810 Director– Appointment and removal.
The Director of the Office of Arts and Cultural Affairs shall be appointed by the Mayor, subject to confirmation by a majority vote of all members of the City Council, and may be removed by the Mayor upon his or her filing a statement of reasons therefor with the City Council.
(Ord. 121006 § 7(part), 2002.)
3.14.815 Director– Duties.
The Director of the Office of Arts and Cultural Affairs shall be the head of and responsible for the administration of the Office of Arts and Cultural Affairs. Under the direction of the Mayor, the duties of the Director of the Office of Arts and Cultural Affairs shall include the following:
A. Subject to the City's personnel ordinances and rules, appoint, assign, supervise, control, and remove all officers and employees in the Office of Arts and Cultural Affairs;
B. Prepare and update annually a Municipal Arts Plan, as required by SMC Section 20.32.040;
C. Manage the preparation of the preliminary proposed budget for the Office of Arts and Cultural Affairs subject to review and comment by the Seattle Arts 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. Administer all ordinances pertaining to the Office of Arts and Cultural Affairs and its functions;
E. Execute, administer, modify and enforce such agreements and instruments as he or she shall deem reasonably necessary to implement arts and culture programs consistent with all applicable laws and ordinances, as he or she shall deem appropriate for carrying out the responsibilities, functions, and activities of the Office of Arts and Cultural Affairs; apply for grants and donations for departmental programs, and solicit and use volunteer services;
F. Serve, in conjunction with other affected members of the Mayor's Cabinet, as the City's representative to intergovernmental and public-private boards, commissions, organizations, and committees engaged in issues pertaining to arts and culture;
G. Provide staff support for all commissions associated with the Office of Arts and Cultural Affairs;
H. Consult with and report regularly to the commissions associated with the Office of Arts and Cultural Affairs on the workings of the Office, and attend, either in person or by designated representative, all regular meetings of the commissions;
I. Make periodic reports to the Mayor and City Council concerning the activities of the Office of Arts and Cultural Affairs and programs for the arts and culture, generally;
J. Promulgate and amend, in accordance with the City Administrative Code, SMC Chapter 3.02, rules and regulations to carry out Office of Arts and Cultural Affairs activities; and
K. Exercise such other and further powers and duties as shall be prescribed by ordinance.
(Ord. 121006 § 7(part), 2002.)
3.14.820 Seattle Arts Commission– Established.
There is established a Seattle Arts Commission to promote and encourage public programs to further the development and public awareness of and interest in arts and culture and to act in an advisory capacity to the City in connection with the artistic and cultural development of Seattle.
(Ord. 121006 § 7(part), 2002.)
3.14.825 Seattle Arts Commission– Membership and officers.
The Seattle Arts Commission shall consist of fifteen (15) members. Except as provided for some initial terms in Section 4 of Ordinance 121006, seven (7) members shall be appointed by the City Council, seven (7) members shall be appointed by the Mayor, and the fifteenth member shall be appointed by the Commission as constituted. Positions on the Seattle Arts Commission shall be numbered from one (1) through fifteen (15). For purposes of filling vacancies, odd-numbered positions from position one (1) through position thirteen (13) shall be Mayor-appointed positions and even-numbered positions shall be Council-appointed positions. Each member shall serve for a term of two (2) years, with an option for renewal, not to exceed three (3) terms or six (6) years; provided that for positions one (1) through seven (7), the initial terms shall be one (1) year, and these initial terms shall not count toward the three (3)-term or six (6)-year maximum. Membership shall reflect Seattle's artistic, cultural, and geographic diversity, and include members from the community at large. The Commission shall elect from its members such officers as it shall deem necessary; provided, that a Chairperson shall be elected by a simple majority of the members for a one (1) year term.
In addition to the members set forth above, one (1) designated young adult position shall be added to the Seattle Arts Commission pursuant to the Get Engaged Program, SMC Chapter 3.51. The terms of service related to this young adult position are set forth in SMC Chapter 3.51.
(Ord. 121568 § 6, 2004; Ord. 121006 § 7(part), 2002.)
3.14.830 Seattle Arts Commission– Duties.
The Seattle Arts Commission shall have the following duties:
A. Promote greater public participation in, and access to, arts and culture;
B. Advocate for the role of arts and culture in civic life, and for the value of arts in education;
C. Encourage donations and grants to the Civic Arts Account of the General Donation and Gift Fund and advise the Director of the Office of Arts and Cultural Affairs regarding the receipt and expenditure of such funds;
D. Advise the City concerning the receipt of or purchase of works of art to be placed on municipal property, except for museums or art galleries or works of art placed or to be placed in connection with projects reviewed by the Seattle Design Commission;
E. Advise and assist the City in connection with such other artistic activities as may be referred to it by the City;
F. Review the preliminary proposed budget for the Office of Arts and Cultural Affairs as prepared by the Director of the Office of Arts and Cultural Affairs, and comment as appropriate before the budget is submitted to the Mayor;
G. Initiate, sponsor or conduct, alone or in cooperation with other public or private agencies, public programs to further the development and public awareness of, and interest in, the fine and performing arts;
H. Hold regular public meetings and keep a written record of its proceedings which shall be a public record; and
I. Adopt administrative rules and procedures necessary to accomplish its purposes.
(Ord. 121006 § 7(part), 2002.)
3.14.840 Deaccessioning and disposition of surplus artworks.
A. When the Seattle Arts Commission determines that an artwork is surplus to the City's collection of artworks, the Commission may deaccession the same and arrange for its disposition through an exchange of the artwork for one or more other artwork(s) of comparable aggregate value for the City's collection, with the City being responsible for the payment or receipt of any monetary difference between the value of the City's artwork and the aggregate value of such exchanged artwork(s); through a sale by an art gallery or dealer; through a public auction or process inviting bids or proposals from the public and the acceptance of the best response; through the Director of Finance and Administrative Services in the same manner as other surplus property; through an indefinite loan to another governmental entity on condition that the receiving entity will maintain the artwork and provide an accompanying notice of the City's retained ownership; or through re-donation, sale or other arrangement agreed upon with the donor or artist at the time of the City's acquisition of such artwork; and, in the event the artwork has been destroyed or damaged beyond repair at a reasonable cost, or has no or only a negligible value, it may be disposed of as scrap.
B. If an artwork was donated to the City on condition that the artwork be returned or transferred to another person or entity when it is no longer displayed or ceases to be a part of the City's collection, upon the occurrence of circumstances making such condition applicable, the Seattle Arts Commission shall request directions from the donor or the donor's representative(s), as appropriate, and return the artwork to the donor or transfer the artwork consistent with the terms of such condition, if such condition applies, and the directions of the donor or the donor's representative.
C. In the event the artist has reserved a right to repurchase the artwork when the City's artwork is to be disposed of, the Seattle Arts Commission shall allow the artist a reasonable opportunity to buy it back at its fair market value, as determined by appraisal. Alternatively, the Commission may accept the exchange of the artwork for one or more other artwork(s) that the Commission is willing to include in the City's collection and that has/have an aggregate appraised value equal to the fair market value of the City's artwork.
D. The Office of Arts and Cultural Affairs may implement, in connection with the deaccessioning of any artwork in the City's collection, a written commitment made to the creator or donor of any artwork at the time such artwork is commissioned, purchased, donated, or otherwise procured for the City's collection, to share with such creator or donor a portion of the proceeds of the sale of such artwork upon its deaccessioning and removal from the City's collection if such sale proceeds, after the deduction therefrom of all of the expenses related to such sale, exceed the amount paid by the City for such artwork by at least $200 and the portion of such proceeds that is provided to the creator or donor under such commitment does not exceed 15 percent of such proceeds.
E. No artwork shall be deemed surplus to the City's collection of artworks if the City administrative unit responsible for administration of the fund used to acquire the same requests its retention and the City's legislative authority provides for the continued maintenance of such artwork.
(Ord. 123361, § 34, 2010; Ord. 121006 § 7(part), 2002.)
3.14.845 Application of proceeds of sale of artwork.
A. The proceeds from the sale of a purchased artwork, after deducting the expenses of the sale and any percentage share due to the artist, as authorized by subsection D of this section, shall be deposited to the credit of the fund from which the expenditure was originally made to acquire the artwork.
B. Any work of art that is an asset of a revenue bond or voter-approved general obligation bond fund may be replaced by exchange for one (1) or more other works of art or an aggregate equivalent value, and may not be disposed of as surplus or deaccessioned property without being so replaced until after the redemption date for all bonds of the particular bond issue that served as the revenue source for the acquisition of such work of art.
C. The proceeds from the sale of an artwork that had been donated to the City shall be deposited and expended in accord with the donor's direction accompanying the gift, and in the absence of such instructions, to the Municipal Arts Fund for use in acquiring other artworks.
D. The Office of Arts and Cultural Affairs is authorized to enter into contractual agreements committing the City to provide the creator of an artwork to be acquired for the City's collection, upon such artwork's subsequent deaccessioning and offering for sale, (1) a first right to purchase such artwork, and (2) up to fifteen (15) percent of the net proceeds of such sale if, following the deduction and payment of all sale-related expenses, such net proceeds equal or exceed Two Hundred Dollars ($200).
(Ord. 121006 § 7(part), 2002.)
Subchapter VII 3.14.900 Office established– Purpose.
There is established in the Executive Department an Office for Civil Rights to provide citywide leadership and guidance in the areas of civil rights and equal opportunity. It shall promote equal access to services within The City of Seattle and work to eliminate discrimination in housing, employment and public accommodations for Seattle residents; recommend policies to all departments and divisions of City government in matters affecting civil rights and equal opportunity to all people; recommend legislation for the implementation of such programs and policies; promote awareness within City government and The City of Seattle through public education and outreach; and provide staff support for the Seattle Women's Commission, the Seattle Human Rights Commission, the Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission, and the Seattle Commission for People with Disabilities.
(Ord. 123219, § 7, 2009; Ord. 118392, § 6, 1996; Ord. 115940, § 1(part), 1991; Ord. 114872, § 1, 1989; Ord. 109114, § 1, 1980.)
3.14.910 Director– Appointment.
There shall be a Director of the Office for Civil Rights who shall be appointed by the Mayor. Such appointment shall be subject to confirmation by a majority vote of all members of the City Council. The Director of the Office for Civil Rights shall not be included in the classified civil service. The Director of the Office for Civil Rights shall be the head of and, under the direction of the Mayor, shall be responsible for the administration of the office and in connection with such administration shall have duties and responsibilities including but not limited to the following:
A. Undertake enforcement, policy and education activities consistent with the mission of the Office for Civil Rights;
B. Administer and govern the Office for Civil Rights;
C. Appoint, remove and supervise officers and employees in the Office for Civil Rights;
D. Provide staff support for the Seattle Women's Commission, the Seattle Human Rights Commission, the Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission and the Seattle Commission for People with Disabilities and consult with and report regularly to the Seattle Women's Commission, the Seattle Human Rights Commission, the Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission and the Seattle Commission for People with Disabilities on the workings of the Office for Civil Rights, and attend either in person or by designated representative, all regular meetings of the Seattle Women's Commission, the Seattle Human Rights Commission, the Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission and the Seattle Commission for People with Disabilities.
E. Administer all ordinances pertaining to the Office for Civil Rights and take appropriate remedial action where necessary;
F. Manage the preparation of the proposed annual budget of the Office for Civil Rights, and authorize necessary expenditures, and supervise the maintenance of adequate accounting systems;
G. After identifying priority issue areas, develop policies and programs, and seek additional funding sources in these areas, which seek to ameliorate the effects of disparate treatment and impact upon persons based on race, color, sex, marital status, parental status, sexual orientation, gender identity, political ideology, age, creed, religion, ancestry, national origin, the presence of any sensory, mental or physical disability, the possession or use of a Section 8 rent certificate, or the use of a trained guide or service dog by a handicapped person;
H. Make periodic reports and recommendations to the Mayor and City Council concerning the operations of the Seattle Women's Commission, the Seattle Human Rights Commission, the Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission, the Seattle Commission for People with Disabilities and the Office for Civil Rights;
I. Receive, consider and make recommendations concerning statements, reports and complaints relative to problems of civil rights including such problems of civil rights as may arise in connection with the treatment, facilities or services of any office or department of the City;
J. Exercise such other and further powers and duties as shall be prescribed by ordinance.
(Ord. 123219, § 8, 2010; Ord. 123088, § 1, 2009; Ord. 119628, § 1, 1999; Ord. 118392, § 7, 1996; Ord. 115940, § 1(part), 1991; Ord. 114872, § 2, 1989; Ord. 109114, § 2, 1980.)
3.14.911 Adoption of rules.
The Director of the Office for Civil Rights, with the advice of the Human Rights Commission, shall adopt, promulgate, amend, and rescind suitable rules and regulations consistent with, and to carry out the provisions of this subchapter or any other ordinance administered or enforced by the Director of the Office for Civil Rights.
(Ord. 118392 § 15, 1996: Ord. 109115 § 1(part), 1980: Ord. 101477 § 1(part), 1972: Ord. 97971 § 2(part), 1969.)
3.14.912 Director's right to subpoena witnesses and take testimony.
A. In the performance of the duties imposed upon him/her by this subchapter or any other ordinance, the Director of the Office for Civil Rights may subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person, under oath, and in connection therewith, require the production for examination of any books, records or other information relating to any subject matter under investigation or in question by the Office for Civil Rights or the Human Rights Commission and conduct discovery procedures which may include the taking of interrogatories and oral depositions.
B. No person shall be excused from attending and testifying or from producing records, correspondence, documents or other evidence in obedience to a subpoena on the ground that the testimony or evidence required may tend to incriminate or subject that person to penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
C. In case of contumacy or refusal to obey a subpoena or other process or discovery issued to any person, the Director of the Office for Civil Rights may invoke the aid of the City Attorney who shall apply to the appropriate court for an order or other court action necessary to secure enforcement of the subpoena.
(Ord. 118392 § 16, 1996: Ord. 109115 § 1(part), 1980: Ord. 101477 § 1(part), 1972: Ord. 97971 § 2(part), 1969.)
3.14.913 Funds for settlement of claims.
There is hereby established in the Civil Rights Department Program Category 1400– "Discrimination Claims" in order to provide for settlement of valid employment discrimination claims filed with the Office for Civil Rights against the City. In no case shall individual payments from this program category exceed Two Thousand Five Hundred Dollars ($2,500) for settlement of one (1) case. The Civil Rights Director may authorize payments upon completion of the documentation of case settlement as provided in Seattle Municipal Code Section 14.04.150 (Ordinance 109116, Section 12(B)). Funds appropriated for this program category shall not be transferred into any other program category; and SMC Chapter 5.08 is superseded to the extent it is inconsistent with this prohibition upon transfers.
(Ord. 118392 § 17, 1996: Ord. 110242 § 2, 1981.)
3.14.915 Grants and donations– Information and education projects– Account in trust fund.
A. The Director of the Office for Civil Rights is authorized from time to time for and on behalf of The City of Seattle to solicit, apply for, accept and expend donations, grants and other funds and in-kind services or materials from individuals, corporations and associations, foundations and nonprofit organizations, other governments, and the public-at-large in order to produce, provide or disseminate public information and educational or advocacy materials, projects, or programs on issues relating to civil rights and equal opportunity, and to provide an acknowledgement in any of its publications to those whose assistance enabled its preparation or distribution.
B. All donations, grants or other funds received shall be deposited into the "OCR Public Information and Educational Materials/Projects" Account, which is hereby created, in the General Donation and Gift Trust Fund. The account shall also be credited with a pro rata share of the earnings of investment of Fund balances, refunds due on expenditures from the account, and other payments that the Director and the Director of Finance and Administrative Services determine to be due. Disbursements shall be made in accordance with Section 3.14.918.
(Ord. 123361, § 35, 2010; Ord. 120794 § 14, 2002; Ord. 118392 § 8, 1996: Ord. 116598 § 1(part), 1993.)
3.14.918 Appropriations and expenditures– OCR Public Information and Educational Materials Account.
Effective upon their deposit, the Director of the Office for Civil Rights is authorized to submit vouchers to the Director of Finance and Administrative Services for expenditure of the funds in the OCR Public Information and Educational Materials/Projects Account established by Section 3.15.915, as the Director deems appropriate for producing, providing, or disseminating public information and educational or advocacy materials, projects or programs relating to various protected class groups approved by the Office for Civil Rights. All necessary appropriations therefor are hereby made and authorized.
(Ord. 123361, § 36, 2010; Ord. 118392 § 9, 1996: Ord. 116598 § 1(part), 1993.)
3.14.920 Commissions– Established– Membership.
There is established a Seattle Women's Commission, to be composed of twenty (20) members appointed from among those persons who are conscious of the discrimination against and oppression of women in this society, and who are working to eliminate these injustices; a Seattle Human Rights Commission, to be composed of fifteen (15) members who shall be representative citizens and shall include representatives of minority communities, other protected classes, and persons with a demonstrated concern and background in human rights; a Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission to be composed of fifteen (15) members appointed from among those persons who are conscious of the discrimination against and oppression of lesbians, gays and sexual minorities in the society, and who are working to eliminate these injustices, and a Seattle Commission for People with Disabilities, to be composed of fifteen (15) members appointed from among those persons who are conscious of the discrimination against, and oppression and neglect of people with disabilities, and who are working to eliminate these injustices. Upon the expiration of existing terms, new appointments to each position on each commission shall be made under this section by the authority originally appointing persons to that position, as follows:
A. Seattle Women's Commission: Nine (9) members shall be appointed by the Mayor, nine (9) members shall be appointed by the City Council, and the nineteenth and twentieth members shall be appointed by the Commission as constituted; provided that, such appointments shall be made so as to reflect the diversity of the community.
B. Seattle Human Rights Commission, Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission, and Seattle Commission for People with Disabilities: For each of these commissions, seven (7) members shall be appointed by the Mayor, seven (7) members shall be appointed by the City Council, and the fifteenth member shall be appointed by the Commission as constituted; provided, that such appointments shall be made so as to reflect the diversity of the community.
C. Pursuant to the Get Engaged program, SMC Chapter 3.51, one (1) designated young adult position shall be added to each of these four commissions: the Seattle Women's Commission, the Seattle Human Rights Commission, the Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission and the Seattle Commission for People with Disabilities. The terms of service related to a young adult member's role on each of these Commissions shall be as set forth in SMC Chapter 3.51.
D. All appointments shall be subject to confirmation by a majority vote of the City Council. Each member appointed pursuant to the authority of this section shall serve for a term of two (2) years, but no member of the Seattle Human Rights Commission or the Seattle Women's Commission shall serve more than two (2) consecutive two (2) year terms. If a member is appointed to serve an unexpired term of a previous commission member, that term shall qualify as one (1) of two (2) consecutive terms only if the length of the unexpired term actually served is one (1) year or more. Any vacancy shall be filled for the unexpired term in the same manner as an original appointment.
(Ord. 123219, § 1, 2010; Ord. 123088, § 2, 2009; Ord. 120871 § 1, 2002; Ord. 120325 § 2, 2001; Ord. 119494 § 1, 1999; Ord. 118392 § 10, 1996; Ord. 116226 § 1, 1992; Ord. 115940 § 1(part), 1991; Ord. 109114 § 3, 1980.)
3.14.930 Seattle Women's Commission– Duties.
The Seattle Women's Commission shall:
A. Advise the Mayor, City Council, and other City departments and offices with respect to matters concerning women;
B. Provide information to the Mayor, City Council, and other City departments, and offices concerning issues of importance to women;
C. Assist City departments to address fairly the concerns of women, individually and as a protected class under City ordinance and other applicable laws;
D. As appropriate, recommend policies to all departments and offices of the City in matters affecting women and recommend legislation for the implementation of such policies;
E. Report on a semi-annual basis to the Mayor and the City Council. The reports shall include an annual or semi-annual workplan, a briefing of the Commission's public involvement process for soliciting community and citizens input in framing their annual workplans, and updates on the workplans; and
F. Meet on a quarterly basis through a designated representative with the Seattle Human Rights Commission, the Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission, and the Seattle Commission for People with Disabilities to ensure coordination and joint project development.
(Ord. 123219, § 2, 2010; Ord. 123088, § 3, 2009; Ord. 118392 § 11, 1996: Ord. 115940 § 1(part), 1991: Ord. 109114 § 4, 1980.)
3.14.931 Seattle Human Rights Commission– Duties.
The Seattle Human Rights Commission shall act in an advisory capacity to the Mayor, City Council, Office for Civil Rights and other City departments in respect to matters affecting human rights and in furtherance thereof shall have the following specific responsibilities:
A. To consult with and make recommendations to the Director of the Office for Civil Rights and other City departments and officials with regard to the development of programs for the promotion of equality, justice and understanding among all citizens of the City;
B. To consult with and make recommendations to the Director of the Office for Civil Rights with regard to problems arising in the City which may result in discrimination because of race, religion, creed, color, national origin, sex, marital status, parental status, sexual orientation, gender identity, political ideology, age, ancestry, the presence of any sensory, mental, or physical disability, the possession or use of a Section 8 rent certificate, or the use of a trained guide or service dog by a handicapped person, and to make such investigations and hold such hearings as may be necessary to identify such problems;
C. As appropriate, recommend policies to all departments and offices of the City in matters affecting civil rights and equal opportunity, and recommend legislation for the implementation of such policies;
D. Encourage understanding between all protected classes and the larger Seattle community, through long range projects;
E. Hear appeals and hearings as set forth in Chapters 14.04 and 14.08 of the Seattle Municipal Court.
F. Report on a semi-annual basis to the Mayor and the City Council. The reports shall include an annual or semi-annual workplan, a briefing of the Commission's public involvement process for soliciting community and citizen input in framing their annual workplans, and updates on the workplans; and
G. Meet on a quarterly basis through a designated representative with the Seattle Women's Commission, the Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission, and the Seattle Commission for People with Disabilities to ensure coordination and joint project development.
(Ord. 123219, § 3, 2010; Ord. 123088, § 4, 2009; Ord. 119628 § 2, 1999; Ord. 118392 § 12, 1996: Ord. 97971 § 4, 1969.)
3.14.932 Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission– Duties.
The Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission shall:
A. Provide information to the Mayor, City Council, and other City departments and offices concerning issues of importance to lesbians, gays and other sexual minorities;
B. Assist City departments to address fairly the concerns of lesbians, gays, and other sexual minorities individually and as a protected class under City ordinance and other applicable laws;
C. As appropriate, recommend policies to all departments and offices of the City in matters affecting gay, lesbian, and sexual minority concerns, and recommend legislation for the implementation of such policies;
D. Encourage understanding between the lesbian, gay, and sexual minority communities and the larger Seattle community, through long-range projects;
E. Report on a semi-annual basis to the Mayor and the City Council. The report shall include an annual or semi-annual workplan, a briefing of the Commission's public involvement process for soliciting community and citizen input in framing their annual workplans, and updates on the workplans; and
F. Meet on a quarterly basis through a designated representative with the Seattle Women's Commission, the Seattle Human Rights Commission, and the Seattle Commission for People with Disabilities to ensure coordination and joint project development.
(Ord. 123219, § 4, 2010; Ord. 123088, § 5, 2009; Ord. 118392 § 13, 1996; Ord. 115940 § 1(part), 1991; Ord. 114872 § 5, 1989.)
3.14.933 Seattle Commission for People with Disabilities– Duties.
The Seattle Commission for People with Disabilities shall:
A. Provide information to the Mayor, City Council, and other City departments and offices concerning issues of importance to people with disabilities;
B. Assist City departments to address fairly the concerns of people with disabilities individually and as a protected class under City ordinances and other applicable laws;
C. As appropriate, recommend policies and practices to all departments and offices of the City and other jurisdictions operating within the City in matters affecting concerns of people with disabilities, and recommend legislation for the implementation of such policies;
D. Encourage understanding among the communities of people with disabilities and between the community of people with disabilities and the larger Seattle community through long-range projects;
E. Report on a semi-annual basis to the Mayor and the City Council. The reports shall include an annual or semi-annual workplan, a briefing of the Commission's public involvement process for soliciting community and citizen input in framing their annual workplans, and updates on the workplans; and
F. Meet on a quarterly basis through a designated representative with the Seattle Women's Commission, the Seattle Human Rights Commission and the Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission to ensure coordination and joint project development.
(Ord. 123219, § 5, 2009.)
3.14.940 Commissions– Organization– Adoption of rules.
The Seattle Women's Commission, the Seattle Human Rights Commission, the Seattle LGBT (Lesbian, Gay, Bisexual, Transgender) Commission and the Seattle Commission for People with Disabilities shall each organize itself and shall adopt such rules and administrative procedures for its own governance, consistent with City Charter1 and ordinances, as are necessary for its functions and responsibilities.
(Ord. 123219, § 6, 2009; Ord. 123088, § 6, 2009; Ord. 118392 § 14, 1996; Ord. 115940 § 1(part), 1991; Ord. 114872 § 3, 1989; Ord. 109114 § 5, 1980.)
1. Editor's Note: The City Charter is set out at the front of the Seattle Municipal Code.
Subchapter VIII 3.14.950 Office created– Functions.
There is created within the Executive Department an Office of Sustainability and Environment, under the direction of the Mayor. The functions of the Office shall be as follows:
A. To oversee implementation of the City's Environmental Management Program, which program may include, but is not limited to:
1. Developing or coordinating City policies and programs that will improve environmental performance in City operations,
2. Facilitating the City's compliance with federal, state, and local environmental regulations,
3. Advancing the City's environmental priorities and record of leading by example,
4. Integrating sustainability and environmental values into City plans, programs, and policies,
5. Setting sustainability and environmental targets and objectives for the City,
6. Reviewing and proposing changes to the Environmental Management Program;
B. To report to the City Council and Mayor on each respective department's and the City's overall performance in meeting sustainability and environmental targets and objectives;
C. To negotiate and administer contracts with and City funding of organizations associated with sustainability and environmental planning, programs, compliance, performance and advocacy.
(Ord. 120121 § 4 (part), 2000.)
3.14.960 Director– Appointment and removal.
The Director of the Office of Sustainability and Environment shall be appointed by the Mayor, subject to confirmation by a majority vote of all members of the City Council, and may be removed by the Mayor at any time upon filing a statement of reason therefore with the City Council.
(Ord. 120121 § 4 (part), 2000.)
3.14.970 Director– Duties.
The Director of the Office of Sustainability and Environment shall be the head of the Office of Sustainability and Environment, shall be responsible for the administration of the Office, and shall:
A. Appoint, remove, supervise and control officers and employees in the Office of Sustainability and Environment in accordance with Civil Service rules and regulations;
B. Prepare and update annually a sustainability and environmental management planning agenda for the City;
C. Manage the preparation of the proposed budget of the Office of Sustainability and Environment, 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 consistent with all applicable laws and ordinances, as he or she shall deem appropriate for carrying out the responsibilities, functions, and activities of the Office of Sustainability and Environment; apply for grants and donations for departmental 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 sustainability and environmental management;
F. Administer all ordinances pertaining to the City's Environmental Management Program;
G. Promulgate rules and regulations to carry out departmental activities pursuant to the Administrative Code, SMC Chapter 3.02;
H. Exercise such other and further powers and duties as shall be prescribed by ordinance.
(Ord. 120121 § 4 (part), 2000.)
3.14.980 Work program to be adopted by City Council.
The annual work program for the Office of Sustainability and Environment, showing anticipated tasks, likely work products, and approximate assignments of FTEs, shall be set by the City Council. The Council's review of the work program shall be in two (2) steps:
A. The Director of the Office of Sustainability and Environment shall submit a preliminary proposed work program for the following year to the City Council no later than October 1st for review during the Council's budget review process.
B. By January 15th of the following year, the Director of the Office of Sustainability and Environment shall submit a revised proposed work program to the City Council. During the first quarter, the City Council shall adopt a resolution setting the final work program for the Office of Sustainability and Environment. This resolution shall guide the work of the Office of Sustainability and Environment throughout the year, and any significant changes to the work program shall require Council approval.
(Ord. 120121 § 4 (part), 2000.)
Chapter 3.16 Sections:
Subchapter I Badges1
3.16.010 Wearing of badge when not in uniform.
3.16.020 Unlawful use of badge.
3.16.030 Violation– Penalty.
1. Cross-reference: For further provisions regarding unlawful use of firemen's badge or uniform, see § 12A.60.070.
Subchapter II Firefighting Assistance
3.16.070 Use of equipment outside City limits.
3.16.080 Aid in fighting shipboard fires.
3.16.090 Marine firefighting assistance.
3.16.100 Uncompensated experts– Consultation authorized.
3.16.105 Uncompensated experts– Claims and litigation.
3.16.110 Uncompensated expert– Claims procedures not modified.
Subchapter III Special Programs and Services
3.16.130 Fees for reports and tests.
3.16.140 CPR training program.
3.16.150 Paramedic training services.
3.16.160 Training in use of fire extinguishers.
Subchapter IV Hazardous Materials Handling
3.16.200 Incident Command Agency designated.
3.16.210 Assistance agreements– Fire Chief authority.
3.16.220 Assistance agreements– Terms and conditions.
3.16.230 Assistance agreements– Verbal notification conditions– "Good Samaritan" law.
Statutory Reference: For Charter provisions on the Fire Department, see Charter Art. X; for statutory provisions on fire prevention and extinguishment in cities of the first class, see RCW 35.22.280(22).
Subchapter I 3.16.010 Wearing of badge when not in uniform.
Firemen in the service of the Fire Department of the City when not wearing the regular uniform of the department shall wear a badge, furnished by the City, entitling such firemen to ride upon the streetcars of the City and to go within the fire lines in case of fire, or to enjoy any other privilege or authority to which the wearing of their uniforms may entitle them.
(Ord. 19117 § 1, 1908.)
3.16.020 Unlawful use of badge.
It is unlawful for any fireman in the employ of the City to give away or sell the badge provided in Section 3.16.010 to any person for the purpose of enabling such person to procure transportation on the streetcars of the City or to gain admittance within the fire lines, or for any other purpose, and it shall be unlawful for any other person, not a fireman entitled to wear such badge under the provisions of this subchapter, to wear or display such badge for the purpose of securing privileges or authority set forth in Section 3.16.010.
(Ord. 19117 § 2, 1908.)
3.16.030 Violation– Penalty.
Any person found guilty of a violation of the provisions of this subchapter, shall be fined in any sum not exceeding One Hundred Dollars ($100.00) or be imprisoned in the City jail for a term not exceeding thirty (30) days, or may be both fined and imprisoned.
(Ord. 19117 § 3, 1908.)
Subchapter II 3.16.070 Use of equipment outside City limits.
The Chief of the Fire Department is authorized to use Fire Department apparatus, equipment and personnel outside the City limits for the purpose of extinguishing, controlling, or aiding in the extinguishing or controlling of, fires, explosions, or hazardous material incidents in accordance with written agreements authorized by ordinance.
(Ord. 110450 § 1, 1982: Ord. 93145 § 1, 1964.)
3.16.080 Aid in fighting shipboard fires.
The Chief of the Fire Department is authorized for and on behalf of the City to execute a "Mutual Fire Fighting Assistance Agreement" substantially in the form contained in C.F. 280804, with the cities of Aberdeen, Anacortes, Bellingham, Bremerton, Edmonds, Everett, Hoquiam, Kennewick, Longview, Olympia, Pasco, Port Angeles, Port Townsend, Richland, Tacoma, Vancouver and such other cities, towns, counties, port districts and other governmental entities authorized and expressing willingness to enter into such agreement providing for mutual aid in fighting major shipboard fires, which agreement shall be executed in such number of copies as are necessary, including one copy to be retained by the Chief of the Fire Department and one copy to be filed in the records of the City Clerk's office.
(Ord. 116368 § 39, 1992: Ord. 104623 § 1, 1975: Ord. 104346 § 1, 1975.)
3.16.090 Marine firefighting assistance.
The Chief of the Fire Department, or his designee, is authorized, for and on behalf of the City to execute in such counterparts as may be necessary a "Marine Fire Fighting Assistance Agreement," or agreements with such vessel masters, owners, charterers, agents, or others as may be necessary from time to time to provide marine firefighting assistance in shipboard fires outside the corporate limits of the City, or to extend agreements entered into pursuant to Ordinance 1046241 on or prior to July 1, 1976, to and including February 28, 1978, or until funding for the Marine Fire Protection Project no longer is available.
(Ord. 105725 § 1, 1976.)
1. Editor's Note: Ordinance 104624 is on file in the City Clerk's office.
3.16.100 Uncompensated experts– Consultation authorized.
The Fire Chief or his representative is authorized to request and accept uncompensated advice and assistance from experts during an emergency as declared by the Fire Chief or his representative, provided, that such experts shall be designated in writing by the Fire Chief or the staff duty officer as noncompensated experts prior to the request for advice and assistance. In no event shall such experts be deemed to be employees of the City.
(Ord. 109229 § 1, 1980.)
3.16.105 Uncompensated experts– Claims and litigation.
If any claim for damages shall be made or litigation instituted against a designated expert for personal injuries, wrongful death or property damage arising out of the rendering of assistance or advice under the circumstances set forth in Section 3.16.100, the City Attorney shall, at the written request of the Fire Chief on behalf of such expert, investigate and defend the claim and/or litigation and, if a claim is deemed by the City Attorney a valid one, or if judgment is rendered against such expert, said claim or judgment shall be paid by the City in the same manner as a claim or judgment against the City; provided that, such expert shall immediately forward to the City Attorney every demand, notice, summons or other process relating to any such claim or litigation received by him or his representative, and shall fully cooperate with the City Attorney and the Law Department in the making of settlements or in the handling of claims and/or litigation and in enforcing any claim or any right of contribution or indemnity against any person or organization who may be liable to the City because of an alleged loss or damage arising in connection with such expert's advice or assistance, and the expert shall attend interviews, depositions, hearings and trials and assist in securing and giving evidence, and the expert shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense; provided further, that in the event any such expert fails or refuses to fully cooperate as specified in this section or elects to provide his own legal representation with respect to any such claims and/or litigation, then the provisions of this section will be inapplicable and of no force and effect with respect to any such claim and/or litigation involving the expert.
(Ord. 109229 § 2, 1980.)
3.16.110 Uncompensated expert– Claims procedures not modified.
Sections 3.16.100 and 3.16.105 shall not modify existing procedures or requirements of law for the processing and payment of any claims against the City or payment of judgments in those cases in which the City is a party defendant.
(Ord. 109229 § 3, 1980.)
Subchapter III 3.16.130 Fees for reports and tests.
The Fire Department shall, under the direction of the Fire Chief, collect fees for certain reports and test services furnished by the Department as follows: Provided, governmental agencies shall be exempt from such fees.
(Ord. 99481 § 1, 1970.)
3.16.140 CPR training program.
The Fire Chief is authorized to plan for and initiate a Fire Department program for training interested volunteers in cardiopulmonary resuscitation techniques; to accept donations on behalf of the City from the public to bear the costs of such program, including particularly contributions from the Seattle Downtown Rotary Club and from the American Heart Association, all such donations to be deposited in the Cardiopulmonary Resuscitation Training Account, hereby created, in the General Donations and Gift Trust Fund; to accept contributions of services, clerical assistance, and other materials from civic organizations and citizens; and, effective upon deposit in the account of sufficient funds therefor, to conduct such program, retain instructors, procure necessary supplies and equipment, and incur other necessary expenses in connection therewith, all as recommended in C.F. 270765.
(Ord. 100336 § 1, 1971.)
3.16.150 Paramedic training services.
As requested by the Chief of the Fire Department and recommended by the Mayor in C.F. 281342, the Fire Department is authorized to collect a fee of Twenty Dollars ($20.00) per person per shift for practical paramedic training services provided to other than City personnel by Fire Department personnel in connection with training courses conducted by Harborview Medical Center or other similar training agencies.
(Ord. 104670 § 1, 1975.)
3.16.160 Training in use of fire extinguishers.
As requested by the Chief of the Fire Department and recommended by the Mayor in C.F. 281685, the Fire Department is authorized to establish a training program for other than City personnel to provide training in the use of fire extinguishers to extinguish flammable liquid fires and to collect and deposit into the General Fund, a fee of One Hundred Dollars ($100.00) per training class for classroom instruction and practical "hands-on" training given by two instructors, and a fee of Fifty Dollars ($50.00) per training class for classroom instruction only, given by one instructor.
(Ord. 107539 § 1, 1978: Ord. 104731 § 1, 1975.)
Subchapter IV 3.16.200 Incident Command Agency designated.
The governing body of The City of Seattle hereby designates the Seattle Fire Department as the Hazardous Materials Incident Command Agency for all hazardous materials incidents within the corporate limits of The City of Seattle.
(Ord. 110614 § 1(part), 1982.)
3.16.210 Assistance agreements– Fire Chief authority.
The Fire Chief is authorized to enter into agreements with persons, agencies, and/or corporations who may provide assistance with respect to a hazardous materials incident. In accordance with the provisions of RCW 4.24 such persons, agencies, and/or corporations are not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct, provided:
A. The Seattle Fire Department and the person whose assistance is requested have entered into a written hazardous materials assistance agreement prior to the incident which incorporates the terms of Section 3.16.220, except as specified in Section 3.16.230 of this chapter;
B. The request for assistance comes from the Seattle Fire Department.
(Ord. 110614 § 1(part), 1982.)
3.16.220 Assistance agreements– Terms and conditions.
A. Hazardous materials emergency assistance agreements which are executed prior to a hazardous materials incident shall include the following terms and conditions:
1. The person requested to assist shall not be obligated to assist;
2. The person requested to assist may act only under direction of the incident commander or his representative;
3. The person requested to assist may withdraw his assistance if he deems the actions or directions of the incident commander to be contrary to accepted hazardous materials response practices;
4. The person requested to assist shall not profit from rendering the assistance;
5. The person requested to assist shall not be a public employee acting in his official capacity within the boundaries of his political subdivision;
6. Any person responsible for causing the hazardous materials incident shall not be covered by the liability standard defined in Section 3.16.210.
B. It is the responsibility of both parties to ensure that mutually agreeable procedures are established when assistance is requested, for recording the name of the person whose assistance is requested, and the time and date of the request, which records shall be retained for three years by the Seattle Fire Department. A copy of the official incident command agency designation shall be a part of the assistance agreement specified in this section.
(Ord. 110614 § 1(part), 1982.)
3.16.230 Assistance agreements– Verbal notification conditions– "Good Samaritan" law.
A. The Chief of the Fire Department or his representative may enter into verbal hazardous materials emergency assistance agreements at the scene of an incident where execution of a written agreement prior to the incident is not possible. A notification of the terms of this section shall be presented at the scene by the incident commander or his representative to the person whose assistance is requested. The incident commander and the person whose assistance is requested shall both sign the notification which appears in subsection B of this section, indicating the date and time of signature. If a requesting agency deliberately misrepresents individual or agency status, that agency shall assume full liability for any damages resulting from the actions of the person whose assistance is requested, other than those damages resulting from gross negligence or wilful or wanton misconduct.
B. The notification required by subsection A of this section shall be as follows:
NOTIFICATION OF "GOOD SAMARITAN" LAW
You have been requested to provide emergency assistance by a representative of a designated hazardous materials incident command agency. To encourage your assistance, the Washington State Legislature has passed "Good Samaritan" legislation (Chapter 4.24 RCW, part) to protect you from potential liability. The law reads, in part:
"Any person who, in good faith, renders emergency care, assistance, or advice with respect to a hazardous materials incident is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct."
The law requires that you be advised of certain conditions to ensure your protection:
1. You are not obligated to assist and you may withdraw your assistance at any time.
2. You cannot profit from assisting.
3. You must agree to act under the direction of the incident commander.
4. You are not covered by this law if you caused the initial accident or if you are a public employee doing your official duty.
I have read and understand the above.
(Name)____
Date ________ Time ____
I am a representative of a designated hazardous materials incident command agency and I am authorized to make this request for assistance.
(Name)____
Date ________ Time ____
(Ord. 110614 § 1(part), 1982.)
Chapter 3.20 Sections:
Subchapter I Department Regulations
3.20.010 Department created– Purpose.
3.20.020 Director– Appointment.
3.20.030 Director– Duties.
3.20.040 Divisions of the Department.
Subchapter II Aging and Disability Services
3.20.080 Aging and Disability Services– Purpose.
3.20.090 Technical Advisory Committee on Aging– Established– Appointments.
3.20.100 Committee– Organization and responsibilities.
3.20.110 Committee– Meetings.
3.20.120 Director– Created– Duties.
Subchapter III Poverty Programs
3.20.190 Mayoral authority.
3.20.200 Economic Opportunity Board– Membership.
Subchapter IV P-Patch Program2
Subchapter V Office for Education
3.20.300 Office created– Purpose.
3.20.310 Director created– Duties.
Subchapter VI TDR Bank
3.20.320 TDR Bank created.
1. Editor's Note: Section 4 of Ordinance 115448 reads as follows: "Where in any other section of the Code [other than Sections 3.20.010, 3.20.030 and 3.20.040], City Ordinance, rule or regulation the term `Department of Human Resources' appears, such term shall be deemed to refer to the Department of Human Services."
2. Editor's Note: Section 1 of Ordinance 118546 recodified Section 3.20.210 as 3.35.060. Section 2 of Ordinance 118546 repealed Section 3.20.220. Section 3 of Ordinance 118546 recodified Section 3.20.230 as 3.35.080.
Subchapter I 3.20.010 Department created– Purpose.
A. There is created a Human Services Department for the development of comprehensive human services policies and plans; to act as coordinator and advocate for social needs and concerns of the City's population; and for the administration, coordination, planning and operation of City programs and functions relating to human problems and needs, including without limitation those of persons who are aged, youth, disabled, unemployed and underemployed, homeless, low-income, have special needs or are otherwise disadvantaged.
B. The mission of the Human Services Department is to strengthen the ability of all people in the Seattle metropolitan area to live, learn, work and participate in safe, strong, and caring communities.
C. The Department seeks to enhance the quality of life and promote self-reliance, growth, and development of people. To these ends, the Department will strive to provide resources and services, to remove barriers to meeting human needs, and to improve public policies.
D. The intent of this section is to state generally the mission and activities of the Department. This section shall not be construed to create, establish or designate any particular class or group of persons who will or should be especially protected or benefitted, nor to create any entitlement to any benefits or services.
(Ord. 119273 § 17, 1998: Ord. 116723 § 1, 1993: Ord. 115958 § 12, 1991: Ord. 115448 § 1, 1990: Ord. 104067 § 10, 1974: Ord. 101667 § 1, 1972.)
3.20.020 Director– Appointment.
There shall be a Director of the Department to be appointed by the Mayor, subject to confirmation by a majority vote of all members of the City Council, and subject to reappointment and reconfirmation every four (4) years; and such Director, whose office shall not be included in the classified civil service may be removed by the Mayor upon filing a statement of his reasons therefor with the City Council; provided that no appointment shall be made under the authority of this section except upon the filing by the Civil Service Commission as a permanent record in the office of the City Comptroller, of its recommendation that such office, as a professional or administrative office or position similar to offices and positions designated in Article XVI, Section 11 of the City Charter, should not be included in the classified civil service; provided further that pending appointment of such Director under the authority of this section, the Mayor is authorized to appoint as of January 1, 1973, a person to temporarily act as Director of the Department for a period of sixty (60) days and thereafter for successive sixty-day periods with the approval of the City Council.
(Ord. 122182, § 3, 2006; Ord. 101667 § 2(part), 1972.)
1. Editor's Note: The Charter is included at the beginning of this Code.
3.20.030 Director– Duties.
The Director shall be the head of the Human Services Department, shall be responsible for the administration of the department and shall:
A. Appoint, remove, supervise and control officers and employees in the Human Services Department in accordance with civil service rules and regulations;
B. Develop and manage programs providing the services for which the Human Services Department is responsible;
C. Manage the preparation of the proposed annual budget of the Human Services Department, authorize necessary expenditures and enter into contracts for professional and expert services in accordance with the annual budget; develop and manage programs, and supervise development and maintenance of adequate managerial and accounting systems and procedures;
D. Execute, administer, modify and enforce such agreements and instruments as he or she shall deem reasonably necessary to implement programs consistent with all applicable laws and ordinances, as he or she shall deem appropriate for carrying out the responsibilities, functions, and activities of the Department; apply for grants and donations for departmental programs; and solicit and use volunteer services;
E. Promulgate rules and regulations to carry out departmental activities pursuant to the Administrative Code, SMC Chapter 3.02; and
F. Have such other and further powers and duties as shall be prescribed by ordinance.
(Ord. 119273 § 18, 1998: Ord. 115958 § 13, 1991: Ord. 115448 § 2, 1990; Ord. 11534 5 § 3, 1990: Ord. 113750 § 3, 1987: Ord. 101667 § 2(part), 1972.)
3.20.040 Divisions of the Department.
In implementation of the functions contemplated in Section 3.20.010, divisions to be known as Aging and Disability Services, Homelessness Intervention and Block Grant Administration, Early Learning and Family Support, Youth Development and Achievement, Domestic Violence and Sexual Assault Prevention, and Leadership and Administration are established within the Human Services Department.
(Ord. 122188, § 1, 2006; Ord. 119273 § 19, 1998: Ord. 118906 § 1, 1998: Ord. 115958 § 14, 1991: Ord. 115448 § 3, 1990: Ord. 101667 § 3, 1972.)
Subchapter II 3.20.080 Aging and Disability Services– Purpose.
Within the Human Services Department Aging and Disability Services coordinates City programs directed to or affecting adults with disabilities and the aging; to provide short-term planning and programming related to meeting problems of adults with disabilities and the aging; to assist the Mayor in development of broad policies focusing on such problems; to provide liaison with public and private agencies and groups serving or interested in the aging; to provide staff support to the Technical Advisory Committee on Aging; and to seek and encourage additional funding sources for programs serving adults with disabilities and the aging.
(Ord. 122188, § 3, 2006; Ord. 119273 § 20, 1998: Ord. 118906 § 2, 1998: Ord. 115958 § 15, 1991: Ord. 99901 § 1, 1971.)
3.20.090 Technical Advisory Committee on Aging– Established– Appointments.
A. There is established a Technical Advisory Committee on Aging to be composed of fifteen (15) members appointed by the Mayor subject to confirmation by a majority vote of all members of the City Council from among persons who individually or as representative of a public or private agency or group have demonstrated concern with problems of the aging.
B. Each member so appointed shall serve for a term of three (3) years; provided that of the first members so appointed, five (5) shall be appointed for a term ending May 1, 1972, five (5) shall be appointed for a term ending May 1, 1973, and five (5) shall be appointed for a term ending May 1, 1974; provided, further, that no person shall be appointed to more than two (2) consecutive three (3) year terms; and provided further that any vacancy shall be filled for the unexpired term in the same manner as original appointments.
(Ord. 99901 § 2(part), 1971.)
3.20.100 Committee– Organization and responsibilities.
The Committee shall organize, elect officers, and adopt such rules and administrative procedures consistent with the City Charter and this subchapter as are necessary for the conduct of its affairs and performance of its functions and responsibilities which shall be to act in an advisory capacity to the Mayor, City Council and Aging and Disability Services in respect to matters concerning the development of efforts and programs within the community to serve and assist adults with disabilities and aging persons in the City.
(Ord. 122188, § 4, 2006; Ord. 118906 § 3, 1998: Ord. 99901 § 2(part), 1971.)
1. Editor's Note: The Charter is included at the beginning of this Code.
3.20.110 Committee– Meetings.
The Committee shall meet at least once each month at such time and place as the Chairman thereof shall designate, and all meetings shall be open to the public for presentation of, or proposed solutions to, specific problems concerning or relating to the aging.
(Ord. 99901 § 2(part), 1971.)
3.20.120 Director– Created– Duties.
There is created in the Human Services Department the position of Director of Aging and Disability Services to be appointed by the Mayor subject to confirmation by a majority vote of all members of the City Council, and such Director, whose office shall not be included in the classified civil service, may be removed by the Mayor upon filing a statement of his reasons therefor with the City Council. The Director shall be responsible under the direction of the Mayor for the administration of Aging and Disability Services, and shall annually prepare and furnish to the Mayor, City Council, Advisory Committee on Aging, departments of the City and appropriate community organizations a plan for the activities of the Division and recommendations for further action.
(Ord. 122188, § 5, 2006; Ord. 119273 § 21, 1998: Ord. 118906 § 4, 1998: Ord. 115958 § 16, 1991: Ord. 99901 § 3, 1971.)
Subchapter III 3.20.190 Mayoral authority.
A. The Mayor is authorized to prepare a comprehensive community action program for the mobilization and utilization of public and private resources to provide services, assistance and other activities of sufficient scope and size to give promise of progress toward elimination of poverty or a cause or causes of poverty through developing employment opportunities, improving human performance, motivation and productivity, or bettering the conditions under which people live, learn and work and which will be developed, conducted and administered with the maximum feasible participation of residents of the City and members of the groups served; to conduct research and studies for the preparation of such community action program and for the continued evaluation of that program and component parts thereof while in operation, and to enter into contracts for such research and studies with funds available therefor; to receive, approve and review from time to time proposals from others for component parts of the community action program and such other proposals as may be submitted pursuant to the Economic Opportunity Act of 1964 (Public Law 88-452) or the regulations adopted thereunder or contracts made pursuant thereto, and to submit such proposals to the federal office of Economic Opportunity or such other agency as may be required; to enter into such contracts on behalf of the City as may be authorized by ordinance with the United States or any of its agencies, the state or any of its agencies, any local governmental unit, or any private nonprofit group, organization or corporation to receive and disburse moneys for the purpose of coordinating and carrying out the community action program or component parts thereof; and, to conduct, administer or operate or contract to conduct, administer or operate such component parts of the community action program or other programs under the Economic Opportunity Act of 1964 as may be authorized by ordinance.
B. The full joint participation by King County is necessary and desirable to accomplish the objectives of the Economic Opportunity Act of 1964 and the Mayor is further authorized to take such action as he may deem necessary to assure such participation.
(Ord. 109560 § 10(part), 1980: Ord. 93562 § 1; 1965.)1
1. Editor's Note: Sections 3.22.130 and 3.22.140 were renumbered to 3.20.190 and 3.20.200 by Ordinance 109560.
3.20.200 Economic Opportunity Board– Membership.
To assist the Mayor in carrying out the duties contemplated by Section 3.20.190, there is established the Seattle-King County Economic Opportunity Board composed of twenty-four (24) members, including the Mayor of Seattle, Chairman of the Board of King County Commissioners, Chairman of the Seattle-King County Youth Commission, President of the King County Labor Council, President of the Seattle Chamber of Commerce, President of the Seattle-King County United Good Neighbors, and Superintendent of Seattle School District No. 1. The remaining seventeen (17) members shall be appointed for two (2) year terms jointly by the Mayor and the Chairman of the Board of King County Commissioners as provided in King County Resolution 28973, shall include the Seattle City Councilman, an elected official of a city or town in King County other than Seattle, a member of a rural or agricultural organization located in King County, the president of one (1) of the institutions of higher learning located in King County, a superintendent of another school district in King County, and twelve (12) other members representative of geographical areas and/or population groups directly knowledgeable and concerned with the social, economic and institutional causes and consequences of poverty. The Board shall elect a chairman and other officers and adopt such rules of procedure as are necessary to accomplish its purposes.
(Ord. 109560 § 10(part), 1980: Ord. 93562 § 2, 1965.)1
1. Editor's Note: Sections 3.22.130 and 3.22.140 were renumbered to 3.20.190 and 3.20.200 by Ordinance 109560.
Subchapter IV 1. Editor's Note: Section 1 of Ordinance 118546 recodified Section 3.20.210 as 3.35.060. Section 2 of Ordinance 118546 repealed Section 3.20.220. Section 3 of Ordinance 118546 recodified Section 3.20.230 as 3.35.080.
Subchapter V 3.20.300 Office created– Purpose.
There shall be within the Department of Neighborhoods an Office for Education. This Office shall facilitate the City's support for the educational and developmental needs of students in Seattle's public schools and their families. The Office is responsible for leadership, direction, policy development, interdepartmental and interagency communication and coordination regarding:
A. Families and Education Levy. The Office shall:
1. Perform the strategic planning necessary to establish a policy framework for the City's involvement in education and school-related initiatives, including the Families and Education Levy;
2. Provide staffing and logistical support to the Levy Oversight Committee and interdepartmental teams;
3. Negotiate a levy interlocal agreement between the City and the Seattle School District; and
4. Develop and oversee interagency and interdepartmental collaborative planning, implementation, and evaluation of Families and Education Levy funded programs.
B. Ongoing City Education Programs and Policies. The Office shall:
1. Act as a liaison between the City and the Seattle School District on all education issues of joint concern, including, but not limited to, Families and Education Levy implementation;
2. Develop and facilitate City interdepartmental collaboration to assure City-funded programs within Seattle public schools are operating efficiently and effectively;
3. Work cooperatively with the Seattle School District to develop new educational support resources and ensure coordinated linkage, as appropriate, with community-based services; and
4. Act as a liaison with other education agencies in the region to promote a coordinated response to education-related issues.
(Ord. 120773 § 16, 2002: Ord. 118912 § 11, 1998: Ord. 115498 § 1(part), 1991.)
3.20.310 Director created– Duties.
There shall be a Director for Education who shall be appointed by the Director of the Department of Neighborhoods in collaboration with the Mayor. The Director for Education shall be responsible, under the direction of the Mayor and the Director of the Department of Neighborhoods, for the administration of the Office for Education.
(Ord. 120773 § 17, 2002: Ord. 118912 § 12, 1998: Ord. 115498 § 1(part), 1991.)
Subchapter VI 3.20.320 TDR Bank.
A. General. The City may from time to time purchase and sell transferable development rights ("TDR") in accordance with the Land Use Code, Title 23, and the provisions of this section. TDR held by the City for potential sale, whether from land owned by the City or as a result of TDR purchases, are considered to be in the City's "TDR Bank." The TDR Bank is a program rather than a separate entity, fund or City department.
B. TDR Eligible for Purchase and Sale. Landmark TDR, housing TDR, and open space TDR, each as defined in Chapter 23.84A, are eligible for purchase by the City's TDR Bank, subject to the provisions of this section. Any TDR eligible for transfer under Chapter 23.49 are eligible by the TDR Bank.
C. Administration. The Office of Housing has general responsibility for the administration of the TDR Bank. The Housing Director is authorized to execute, deliver and accept for and on behalf of the City, agreements, deeds and other instruments in order to carry out TDR Bank transactions authorized by ordinance.
D. Housing TDR Purchases. The Housing Director may negotiate the purchase of housing TDR, subject to approval of each purchase by ordinance and subject to budget authority. The Office of Housing shall conduct a subsidy review prior to any purchase of housing TDR for the TDR Bank, whether or not other public funds or subsidiaries are involved.
E. Open Space TDR Purchases. The Housing Director or his or her designess shall consult with the Director of Neighborhoods, the Director of the Department of Design, Construction and land use, and the Superintendent of Parks and Recreations, or their respective designees, regarding any proposed purchase of open space TDR for the TDR Bank. Following a joint decision of all such officers in favor of acquiring open space TDR from a site, the Housing Director, or such other officer as the Mayor may designate, may negotiate an agreement for the purchase of open space TDR from that site, subject to approval by ordinance and to budget authority.
F. Landmark TDR Purchases. The Housing Director or his or her designee shall consult with the Director of Neighborhoods or his or her designee regarding any proposed purchase of Landmark TDR for the TDR Bank. The Director of Neighborhoods or his or her designee shall consult with the Landmarks Preservation Board regarding the proposed purchase. Following a joint decision by such Directors or their designees in favor of acquiring the Landmark TDR from a site, the Housing Director, or such other officer as the Mayor may designate, may negotiate the purchase of Landmark TDR from that site, subject to approval by ordinance and to budget authority.
G. Sale of TDR in General. The Housing Director or his or her designee may negotiate the sale of any TDR held in the TDR Bank, subject to approval of each sale by ordinance.
(Ord. 122311, § 1, 2006; Ord. 120494 § 1, 2001: Ord. 119484 § 1, 1999; Ord. 119273 § 25, 1998; Ord. 117263 § 75, 1994; Ord. 116513 § 21, 1993.)
Chapter 3.22 Sections:
3.22.010 Department created– Powers.
3.22.020 Director– Appointment and removal.
3.22.030 Director– Duties.
3.22.040 Acquisition of technology resources.
3.22.010 Department created– Powers.
There is established a Department of Information Technology for managing the City's information technology resources, which shall include City-wide telecommunications, data communications and the physical infrastructure that supports it, including the City's telephone system, radio system, and fiber optic network; City-wide application infrastructure, centralized computer operations, data, and telecommunication help desk services; and interactive media services including cable franchises, the Public Access Network, City-sponsored television channel operations, and central video services.
(Ord. 119504 § 9 (part), 1999.)
3.22.020 Director– Appointment and removal.
There shall be a Chief Technology Officer to be appointed by the Mayor and confirmed by a majority of the City Council, and subject to reappointment and reconfirmation every four (4) years. The Mayor, at any time, may remove the Chief Technology Officer upon filing a statement of reason therefor with the City Council.
(Ord. 122182, § 4, 2006; Ord. 119504 § 9 (part), 1999.)
3.22.030 Director– Duties.
The Chief Technology Officer shall be the head of the Department of Information Technology, shall be responsible for the administration of the Department, and shall:
A. Appoint, remove, supervise and control officers and employees in the Department of Information Technology in accordance With Civil Service Rules and regulations;
B. Prepare and update annually a strategic information technology planning agenda for the City;
C. Develop, promulgate and implement City-wide policies and standards governing the acquisition, management, and disposition of information technology resources;
D. Develop policies and standards for the management, maintenance and operation of City information technology resources;
E. Develop and oversee an information technology training program for the City;
F. Develop priorities and guidelines to assist City departments in preparing their annual operating and capital information technology budgets;
G. Review City department budget submittals to ensure that information technology budget priorities and guidelines are appropriately addressed in proposed budget allocations, and that all proposed uses of technology resources are consistent with the City's policies and standards;
H. Make recommendations to the Mayor and City Council on changes to department information technology budget submittals for consistency with the City's policies, standards, and technology agenda;
I. Determine the most effective ways of providing information technology resources, including services and the management thereof, using City or contracted sources, to City departments;
J. Establish and regularly update an information technology architecture for the City;
K. Manage the preparation of the proposed annual budget of the Department of Information Technology, authorize necessary expenditures and enter into contracts for professional and expert services in accordance with the annual budget; develop and manage programs, and supervise development and maintenance of adequate managerial and accounting systems and procedures;
L. Execute, administer, modify and enforce such agreements and instruments as he or she shall deem reasonably necessary to implement programs consistent with all applicable laws and ordinances, as he or she shall deem appropriate for carrying out the responsibilities, functions, and activities of the Department; apply for grants and donations for departmental programs; and solicit and use volunteer services;
M. Create, lead, and facilitate one (1) or more advisory groups designed to provide customer and professional recommendations on City-wide information technology issues, including the operations of the Department of Information Technology, budget allocation, policies and standards for the acquisition, management, and disposition of information technology assets, and the most effective ways of providing information technology resources to support the missions of City departments; and
N. Promulgate rules and regulations to carry out departmental activities pursuant to the Administrative Code, SMC Chapter 3.02.
(Ord. 119504 § 9 (part), 1999.)
3.22.040 Acquisition of technology resources.
No City officer or employee shall acquire, through purchase, lease, or any form of contract, any information technology resources for the City except through, or in accordance with, policies, guidelines, standards, and procedures established by the Chief Technology Officer.
(Ord. 119504 § 9 (part), 1999.)
Chapter 3.26 Sections:
3.26.010 Board of Park Commissioners– Membership.
3.26.020 Board– Adoption of rules.
3.26.030 Board– Duties.
3.26.040 Superintendent– Duties– Park and recreation system.
3.26.041 Superintendent– Other duties– Sand Point.
Statutory Reference: For Charter provisions on the Department of Parks, see Charter Art. XI.
1. Cross-reference:
Associated Recreation Council Ch. 18.04
Community Advisory Council Ch. 18.04
3.26.010 Board of Park Commissioners– Membership.
The Board of Park Commissioners shall consist of seven (7) members. Members in positions numbered three (3), five (5) and seven (7) on the Board shall be appointed by the Mayor subject to confirmation by a majority of the City Council. Members in positions numbered two (2), four (4) and six (6) on the Board shall be appointed by a majority vote of the City Council. The member in position number one (1) shall be appointed by a majority vote of the other Board of Park Commissioners as constituted. All appointments shall be for three (3) year terms ending on December 31st. Any vacancy shall be filled for the unexpired term in the same manner as the original appointment for that term was made. Members of the Board shall annually appoint one (1) member of the Board to serve as Chair for a term of one (1) year, beginning on January 1st. The Mayor may remove any commissioner who was appointed by the Mayor for cause. The City Council may remove any commissioner for cause by a majority public vote. The Board of Park Commissioners may remove a commissioner it appointed for cause only if at least four (4) members of the Board vote in favor of removal.
(Ord. 122332, § 1, 2007; Ord. 96453 § 1(part), 1968.)
3.26.020 Board– Adoption of rules.
The Board shall meet not less than twice each month at a time and place set by the Board and shall adopt such rules and administrative procedures consistent with the City Charter1 and this chapter as are necessary to accomplish the duties prescribed in Section 3.26.030.
(Ord. 96453 § 1(part), 1968.)
1. Editor's Note: The Charter is included at the beginning of this Code.
3.26.030 Board– Duties.
The Board shall act in an advisory capacity to the Mayor, City Council, Department of Parks and Recreation and other City departments in respect to park and recreation matters and in furtherance thereof shall have the following specific responsibilities:
A. To consult with and make recommendations to the Superintendent of Parks and Recreation and other City departments and officials with regard to the development and amendment from time to time of the City's parks and recreation comprehensive plan and capital improvement program;
B. To consult with and make recommendations to the Superintendent of Parks and Recreation regarding policies for the planning, development and implementation of policy concerning the City's recreation program;
C. To consult with and make recommendations to the Superintendent of Parks and Recreation regarding policies for the planning, development and use of all of the City's park and recreation facilities;
D. To consult with the Superintendent of Parks and Recreation on matters pertaining to the proposed annual budget of the Park and Recreation Department during the period of its preparation and from time to time thereafter;
E. To hold public meetings from time to time in various parts of the City for the purpose of reviewing park and recreation programs and objectives with citizen groups and the community at large. A major objective of the Board shall be to develop public interest in the activities of the Park and Recreation Department and to solicit, to the fullest extent, participation of community groups, the general public, and public and private agencies;
F. To make recommendations on the acceptance of gifts and bequests to the City's Park and Recreation System;
G. To meet from time to time with local, regional, and national park and recreation agencies and, when possible, attend park and recreation meetings and seminars in order to keep informed of new trends in policy, programs and park facilities' development.
(Ord. 96453 § 2, 1968.)
3.26.040 Superintendent– Duties– Park and recreation system.
The Superintendent of Parks and Recreation shall have responsibility for the management and control of the park and recreation system of the City and shall:
A. Direct the planning, design, construction, improvement and maintenance of all parks and recreation areas and facilities;
B. Develop and administer broad and varied programs of public recreation activities;
C. Develop, in cooperation with other City departments and officials, policies relating to the City's parks and recreation comprehensive plan and capital improvement program;
D. Support and encourage the Board of Park Commissioners in its efforts to assess and interpret the City's recreational and parks needs;
E. Administer all ordinances pertaining to the Parks and Recreation Department;
F. Appoint, remove, supervise and control officers and employees in the Department of Parks and Recreation in accordance with civil service rules and regulations;
G. Manage the preparation of the proposed annual budget of the Parks and Recreation Department, authorize necessary expenditures, and supervise the maintenance of adequate accounting systems and procedures;
H. Supervise all public works construction contracts, service contracts, leases, and permits pertaining to the parks and recreation system, in accordance with City ordinances and rules adopted from time to time;
I. Enter into and administer such concession contracts as are authorized by ordinance;
J. Provide staff support for and consult regularly with the Board of Park Commissioners to keep the Board informed of the activities of the Park and Recreation Department, and for such purpose attend, either in person or by designated representative, all regular meetings of the Board of Park Commissioners;
K. Meet with community groups and individuals to determine park and recreation program needs, facility requirements, and other improvements;
L. Make rules and regulations not inconsistent with the City Charter1 and the provisions of this chapter and other City ordinances for the management, control and use of the park and recreation system of the City, a copy of which rules and regulations shall be filed and be available for public examination in the office of the City Clerk;
M. Prepare and recommend a schedule of fees for the use of park and recreation facilities. This schedule, when approved by the City council by ordinance, shall govern the amount of the fee to be collected as a condition to the use of such facilities, except when such use is permitted pursuant to or as a component of a master filming permit issued under Seattle Municipal Code Section 15.35.010.
(Ord. 121317 § 4, 2003; Ord. 119299 § 11, 1998: Ord. 117242 § 3, 1994; Ord. 116368 § 42, 1992; Ord. 96453 § 3, 1968.)
1. Editor's Note: The Charter is included at the beginning of this Code.
3.26.041 Superintendent– Other duties– Sand Point.
A. The Superintendent of Parks and Recreation shall have the power to maintain and manage the City's Sand Point properties that are not within the park and recreation system of the City, except to the extent that responsibility for specific functions regarding portions of these properties is allocated exclusively to another department by ordinance. The authority conferred on the Superintendent of Parks and Recreation by this section includes contracting with other city departments, adjacent property owners, or occupants of Sand Point to perform property maintenance and management; making rules for the use of the City's Sand Point properties that are not within the City's park and recreation system; and supervising public works construction contracts, service contracts, and permits if the work to be performed pursuant to such contracts or permits shall occur on or require coordination with the City's Sand Point properties that are not within the City's park and recreation system.
B. As to the City's Sand Point properties within the park and recreation system, in addition to the authority conferred upon the Superintendent of Parks and Recreation by SMC Section 3.26.040 and consistent with the Superintendent's Charter-based authority to manage and control the park and recreation system of the City, the Superintendent is authorized to grant revocable licenses or permits for temporary uses or activities at said properties and to negotiate and enter into such concession or other agreements as are consistent with the terms of the conveyance of such properties to the City. The authority in this subsection is limited as follows:
1. The Superintendent shall use the existing standard Parks Department form concession agreements or, with prior consultation with the City Attorney regarding the differences between the standard and any nonstandard form, such nonstandard form concession agreement as the Superintendent may deem appropriate; and
2. The total term of any concession agreement shall not exceed five (5) years in duration; provided, however, that this limitation shall not restrict the authority of the Superintendent to negotiate and to enter into new concession agreements for the same property with the same occupant upon terms and conditions different from any earlier concession agreement pertaining to such property; and
3. The consideration to be paid to the City for the concession agreement shall be in the form of legal tender of the United States of America or services rendered to or for the benefit of the City, or a combination thereof, in such amounts or value as shall be reasonable under the circumstances considering the negotiated terms of the occupancy or use, condition of the premises, and current rental rates for similar property in the vicinity.
(Ord. 119299 § 12, 1998.)
Chapter 3.28 Sections:
Subchapter I Police Department Regulations1
3.28.005 Definitions.
3.28.010 Disposition of unclaimed property.
3.28.030 Authority to kill dog which has bitten a person.
3.28.040 Duty to report defective or dangerous buildings or public places.
3.28.050 Unlawful representation as Police Officer.
3.28.060 Violation of Sections 3.28.010 through 3.28.050.
3.28.070 Fees for certain records and services.
3.28.080 Reports and services to be furnished under direction of Chief.
3.28.090 Modification of fee schedule.
3.28.100 Transfer of parking meter regulations.
3.28.110 Firearms– Purpose of provisions.
3.28.115 Firearms– Discharge authorized when.
3.28.120 Firearms– Chief may establish rules.
3.28.125 Firearms– Penalty for violation.
3.28.130 Certain uniformed Seattle Police Department peace officers required to wear identification and orally identify themselves.
Severability: If any provision of Sections 3.28.110 through 3.28.125, or their application to any person or circumstances is held invalid, the remainder of Sections 3.28.110 through 3.28.125, or the application of the terms and provisions to other persons or circumstances is not affected.
(Ord. 109019 § 5, 1980.)
Statutory Reference: For Charter provisions on the Police Department, see Charter Art. VI.
1. Cross-reference: For provisions regarding collection of information for law enforcement purposes, see Chapter 14.12 of this Code; for provisions on unauthorized use of police badges, see Chapter 12A.58.
Subchapter II Special Police
3.28.150 Commission– Issuance conditions.
3.28.160 Eligibility.
3.28.170 Application– Information required.
3.28.180 Application– Fee.
3.28.190 Identification card, notice of commission, and badge.
3.28.200 Uniforms.
3.28.210 Changes of address and employment duties.
3.28.220 Commission– Termination conditions.
Subchapter III Police Officers' Bill of Rights
3.28.320 Purpose.
3.28.330 Definitions.
3.28.340 Internal investigation– Information provided to subject officer.
3.28.350 Criminal investigation– Legal counsel.
3.28.360 Information as to nature of investigation– Recordings– Transcripts.
3.28.370 Interviews– Procedures.
3.28.380 Threats and abusive conduct prohibited.
Severability: The invalidity of any section, subsection, provision, clause, or portion of this subchapter, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this subchapter or the validity of its application to other persons or circumstances.
(Ord. 102150 § 8, 1973.)
Subchapter IV Community Service Officer Program
3.28.420 Authorization.
Subchapter V Retired Police Officers
3.28.450 Commission– Conditions for granting– Authority of commissioned officer.
3.28.460 Commission– Request– Expiration and renewal.
3.28.470 Requirements for commissioned officers.
3.28.480 Revocation of commission– Conditions.
Subchapter VI Reserve Police Officers
3.28.500 Appointment– Chief of Police authority.
3.28.510 Appointment– Eligibility.
3.28.520 Application for appointment.
3.28.530 Authority, training and compensation.
3.28.540 Revocation of appointment– Conditions.
Subchapter VII Office of Professional Accountability
3.28.800 Office of Professional Accountability created– Functions and authority.
3.28.805 Definitions.
3.28.810 Office of Professional Accountability– Director.
3.28.812 Office of Professional Accountability– Explanations of Certain Complaint Dispositions.
3.28.815 OPA Deputy Director.
3.28.820 OPA procedures manual.
3.28.825 Reports.
3.28.830 Confidentiality of files and records.
Subchapter VIII Office of Professional Accountability Auditor
3.28.850 Office of Professional Accountability Auditor established.
3.28.855 OPA Auditor's Authority and Responsibility.
3.28.860 OPA Auditor to prepare semiannual report.
3.28.865 OPA Auditor to meet with Mayor, City Council, and Chief of Police.
3.28.870 Confidentiality of files and records.
Subchapter IX Office of Professional Accountability Board
3.28.900 Office of Professional Accountability Review Board established.
3.28.905 Appointment of the OPA Review Board.
3.28.910 OPA Review Board Responsibility.
3.28.920 Access to and confidentiality of files and records.
Subchapter I 3.28.005 Definitions.
As used in Section 3.28.010, the terms "personal property" and "property" shall mean moveable and tangible things.
(Ord. 114209 § 1, 1988.)
3.28.010 Disposition of unclaimed property.
A. Whenever any personal property shall come into the possession of the Police Department in connection with the official performance of police duties and such property shall remain unclaimed or not taken away for a period of sixty (60) days from date of written notice to the owner thereof, if known, which notice shall inform the owner of the disposition which may be made of the property under this section and the time that the owner has to claim the property and in all other cases for a period of sixty (60) days from the time such property came into the possession of the Police Department, unless the property has been held as evidence in any court, then, in that event, after sixty (60) days from the date when the case has been finally disposed of and the property released as evidence by order of the court, the City may with respect to property other than firearms:
1. At any time thereafter sell the property at public auction to the highest and best bidder for cash in the manner hereinafter provided;
2. Retain the property for the use of the Police Department if, in the opinion of the Chief of Police, it consists of items specifically usable in law enforcement work subject to giving notice in the manner prescribed in this section and the right of the owner, or the owner's legal representative, to reclaim the property within one (1) year after receipt of notice, without compensation for ordinary wear and tear; provided, that at the end of each calendar year during which there has been such a retention, the Police Department shall provide the Mayor and retain for public inspection a list of such retained items and an estimate of each item's replacement value;
3. Destroy an item of personal property, at the discretion of the Chief of Police, if the Chief of Police determines that the following circumstances exist or have occurred:
a. The property has no substantial commercial value, or the probable cost of sale exceeds the value of the property, and
b. The item has been unclaimed by any person after notice procedures have been met, as prescribed in this section, or
c. The item is illegal to possess or sell or is unsafe and unable to be made safe for use by any member of the general public;
4. If the item is not unsafe or illegal to possess or sell, such item after satisfying the notice requirements as prescribed in this section may be offered by the Chief of Police to bona fide dealers, in trade for law enforcement equipment, which equipment shall be treated as retained property for purpose of annual listing requirements of subsection A2 of this section; or
5. If the item is not unsafe or illegal to possess or sell, but has been, or may be used, in the judgment of the Chief of Police, in a manner that is illegal, such item may be destroyed.
B. Before making any sale the Chief of Police shall cause his/her signed notice thereof to be published in the official newspaper of the City at least once ten (10) days preceding the date of such sale, stating: (1) that such sale will take place at the police headquarters, or another suitable place designated by the Chief of Police, (2) at a day and hour specified in such notice, (3) to the highest and best bidder, and (4) describing the property, and (5) that it is unclaimed and taken from persons arrested for violation of the law or has been found, and (6) that any person or persons owning or entitled to any of such property may recover the same at the date of such sale by proving that they are entitled thereto to the satisfaction of the Chief of Police; provided, however, that any firearms so coming into the possession of the Police Department shall be destroyed by the Chief of Police when their retention as evidence is no longer required or retained for the use of the Police Department. Provided further, that firearms must be held for at least thirty (30) days after the Chief shall determine that such firearms are no longer required as evidence prior to their destruction or retention.
C. The proceeds of sale shall be applied first to the payment of the costs and expenses of the sale and then to the payment of lawful charges and expenses for the keep of the personal property. The balance, if any, shall be paid into the Police Pension Fund, so long as such fund exists; otherwise into the City Current Expense Fund.
D. If the owner of property sold, at any time within three years after such money is deposited in the pension fund or expense fund, furnishes satisfactory evidence of his ownership of such property to the Police Pension Fund Board or the Director of Finance and Administrative Services he/she shall be entitled to receive the amount deposited, plus interest.
E. In addition to any method of disposition of unclaimed property provided under this chapter, unclaimed bicycles, tricycles and toys may be donated by the Police Department to nonprofit charitable organizations for use by needy persons.
(Ord. 123361, § 37, 2010; Ord. 120794 § 16, 2002; Ord. 117242 § 4, 1994; Ord. 114209 § 2, 1988: Ord. 108118 § 1, 1979: Ord. 102844 § 1, 1973: Ord. 16374 § 1, 1907.)
3.28.030 Authority to kill dog which has bitten a person.
All members of the Police Department are authorized and empowered, whenever they shall have knowledge or shall be reliably informed that any dog has bitten or injured any person without cause, to kill such dog forthwith, and for that purpose may enter any premises where such dog may be.
(Ord. 16374 § 3, 1907.)
3.28.040 Duty to report defective or dangerous buildings or public places.
Whenever any Policeman shall observe any defect in any street, sidewalk or other public place, or any dangerous structure, building, bridge, wharf, excavation, ditch, cellar, wall or sewer, or any other dangerous place or thing, or any unsanitary premises or condition, he shall immediately report the same to the head of the department whose duty it is to repair the defect or remove the danger.
(Ord. 16374 § 4, 1907.)
3.28.050 Unlawful representation as Police Officer.
It shall be unlawful for anyone:
A. To falsely represent himself to be a Seattle Police Officer or a Special Policeman appointed pursuant to Ordinance 66591;1 or
B. To wear without authority of the Chief of Police the uniform, or a distinctive part of the uniform, or any badge or insignia of the Seattle Police Department, or any uniform, badge or insignia any part of which is similar to a distinctive part of the uniform, badge or insignia of the Seattle Police Department unless portraying a Police Officer or a member of the Seattle Police Department in a theatrical or motion picture production in a manner which does not tend to discredit the Seattle Police Department; or
C. To wear or carry upon his person without authority of the Chief of Police any object or device displaying the words "Seattle Police Officer," "Seattle Police," "Seattle Detective," "Police Department, City of Seattle," or any words of a similar nature.
(Ord. 95661 § 1, 1967: Ord. 16374 § 7, 1907.)
1. Editor's Note: Ord. 66591 was repealed by Ord. 109759, codified in Subchapter II of this chapter.
3.28.060 Violation of Sections 3.28.010 through 3.28.050.
Any person violating any of the provisions of Sections 3.28.010 through 3.28.050 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding One Hundred Dollars ($100.00) or imprisoned for a term not exceeding thirty (30) days or be both so fined and imprisoned.
(Ord. 114525 § 1, 1989: Ord. 114235 § 1, 1988: Ord. 110897 § 1, 1982: Ord. 110273 § 1, 1981: Ord. 107906 § 1, 1978: Ord. 107153 § 1, 1978: Ord. 106962 § 1, 1977: Ord. 103473 § 1, 1974: Ord. 100364 § 1, 1971: Ord. 99870 § 1, 1971.)
3.28.080 Reports and services to be furnished under direction of Chief.
The reports, records, and services contemplated in Section 3.28.070 shall be furnished under the direction of the Chief of Police and in accordance with rules and regulations adopted by him.
(Ord. 99870 § 2, 1971.)
3.28.090 Modification of fee schedule.
The fee schedule provided in Section 3.28.070 may be amended, modified or added to from time to time upon recommendation of the Chief of Police and approval by resolution of the City Council.
(Ord. 99870 § 3, 1971.)
3.28.100 Transfer of parking meter regulations.
As of January 1, 1973, the duty and responsibility of enforcement of certain parking meter traffic regulations, and other related work, heretofore assigned to the City Treasurer by Ordinance 86431, is transferred to the Chief of Police as contemplated in the 1973 budget.
(Ord. 101629 § 1, 1972.)
3.28.110 Firearms– Purpose of provisions.
The purpose of Sections 3.28.110 through 3.28.125 is to regulate the discharge of firearms by Seattle police officers during the performance of their duty to protect life, property and the public safety and to provide effective law enforcement. Sections 3.28.110 through 3.28.125 are not intended, nor may they be construed or applied, to create a duty toward any person who may be injured by the use of a firearm by a Seattle police officer, or to provide a basis for tort liability against the City, its officials, or its individual police officers.
(Ord. 109019 § 1, 1978.)
3.28.115 Firearms– Discharge authorized when.
While engaged in the performance of duties of a Seattle police officer, an officer may discharge a firearm at another person when necessary to:
A. Defend himself or another person from death or serious bodily injury;
B. Apprehend, arrest or prevent the escape of a person, whom the officer reasonably believes from the evidence available, has committed murder, manslaughter, mayhem, felonious assault, robbery, burglary, kidnapping, arson, rape or a felony involving a bomb;
C. Apprehend an escaped or rescued felon, who has been arrested for, convicted of, or committed for a felony.
A police officer may not use a firearm unless all other reasonable alternatives have been exhausted or would appear to a reasonable police officer to be ineffective under the particular circumstances.
(Ord. 109019 § 2, 1978.)
3.28.120 Firearms– Chief may establish rules.
The Chief of Police may promulgate rules and regulations to implement Sections 3.28.110 through 3.28.125; provided, that such rules and regulations shall be consistent with the purpose and provisions of Sections 3.28.110 through 3.28.125.
(Ord. 109019 § 3, 1978.)
3.28.125 Firearms– Penalty for violation.
Any police officer who discharges a firearm at another person in violation of Sections 3.28.110 through 3.28.125 shall be subject to disciplinary proceedings and punishment authorized by The City of Seattle Charter, Article XVI,1 including but not limited to reprimand, suspension without pay, demotion and discharge.
(Ord. 109019 § 4, 1978.)
1. Editor's Note: The Charter is included at the beginning of this Code.
3.28.130 Certain uniformed Seattle Police Department peace officers required to wear identification and orally identify themselves.
A. Every Seattle Police Department peace officer shall, when wearing a Seattle Police Department uniform, also wear a Seattle Police Department authorized and issued name tag or similar identification device bearing that officer's first initial and last name in legible block print of at least twenty-four (24) point typeface. This requirement shall apply whether or not such officer is on duty.
B. No Seattle Police Department peace officer required to wear a name tag or similar identification device pursuant to subsection A of this section shall alter or obscure such name tag or device.
C. All name tags or similar identification devices required pursuant to subsection A of this section shall be worn on the outermost layer of the Seattle Police Department peace officer's uniform, in the upper-front torso area. The outermost layer of such officer's uniform must also identify the name of the officer's law-enforcement agency.
D. In situations where it is reasonably foreseeable that a Seattle Police Department peace officer required to wear a name tag or similar identification device pursuant to subsection A of this section may remove the outermost layer of the officer's uniform, then that officer also shall wear such a name tag or device in the required location on any underlying layer of his or her uniform that may become the outermost layer.
E. When required to wear a name tag or similar identification device pursuant to subsection A of this section and, upon request for identification by a member of the public, a Seattle Police Department peace officer shall clearly and audibly state his or her name to the requesting person. The requirements of this subsection E shall not apply when the officer reasonably believes that such identification would endanger the life or physical safety of the officer or another person, jeopardize a law-enforcement investigation, or hinder a law-enforcement function.
F. For purposes of this section, "uniform" is defined to include, in addition to its normal meaning, any law-enforcement agency issued or approved coat, jacket, sweater, jumpsuit, or protective suit that may be worn as an outer layer of clothing or in conjunction with a uniform, but shall not include civilian attire worn by plain-clothes or undercover officers.
G. For purposes of this section, "peace officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially-commissioned Washington peace officer as defined in RCW 10.93.020.
H. This section shall not be construed to prohibit the Seattle Police Department from implementing or enforcing any policy, procedure or rule that is not inconsistent herewith.
I. Nothing in this section or elsewhere in CB 113332 shall be construed to affect the authority of any peace officer to enforce the traffic, criminal or other laws in The City of Seattle, pursuant to RCW Chapter 10.93 or otherwise, or to affect the lawfulness of an otherwise lawful act by any such peace officer.
(Ord. 120096 § 1, 2000.)
Subchapter II 3.28.150 Commission– Issuance conditions.
The Chief of Police may issue a Special Police Officer commission in accordance with the provisions of this subchapter to a government employee or a person engaged in private security employment who is required to exercise police authority in his employment and whose appointment will assist the Police Department in enforcing the laws. The Chief shall grant to the person applying for the commission only that police authority necessary to enable said person to accomplish the duties of his employment. A Special Police Officer does not become an employee of the City by virtue of his commission and is not eligible for a City or LEOFF State pension by virtue of such commission.
(Ord. 109759 § 1, 1981.)
3.28.160 Eligibility.
To be eligible for a commission, a person shall be twenty-one (21) years old or more, a citizen of the United States, trustworthy and of good moral character, and shall not have been convicted of a felony, a crime of violence, or an offense involving moral turpitude.
(Ord. 109759 § 2, 1981.)
3.28.170 Application– Information required.
A person applying for a commission as a Special Police Officer shall file an application with the Chief of Police on a form supplied by the Chief. If the applicant is a City of Seattle employee, his application shall be accompanied by a written request from the head of his department, office or agency. If the applicant is not a City of Seattle employee, his application shall be accompanied by the written statements of three (3) reputable citizens who are not related to or presently employing him, attesting to his trustworthiness and good moral character. An application shall also be accompanied by the applicant's affidavit swearing that the information contained in the application is true to the best of his knowledge. At a time and place established by the Chief, the applicant shall have his thumb and fingerprints taken.
(Ord. 109759 § 3, 1981.)
3.28.180 Application– Fee.
If the Chief of Police determines that the applicant qualifies for a commission, he shall grant the commission upon the applicant's payment of $40 to the Director of Finance and Administrative Services; provided, that an applicant who is a City of Seattle employee shall not be required to pay the $40. All commissions shall expire on January 15th of each year, but may be renewed before expiration upon approval of the Chief and payment of $10 to the Director of Finance and Administrative Services; provided, that a City of Seattle employee shall not be required to pay the $10.
(Ord. 123361, § 38, 2010; Ord. 120794 § 17, 2002: Ord. 116368 § 43, 1992: Ord. 109759 § 4, 1981.)
3.28.190 Identification card, notice of commission, and badge.
The Chief of Police shall issue each Special Police Officer an identification card and a notice of commission setting forth the terms of the commission. If the Chief determines that the commission requires a badge, he shall issue one (1) upon deposit with the Police Department of a sum equal to the cost of the badge; provided, that a Special Police Officer who is a City employee shall not be required to pay the deposit. Upon termination of his commission, a Special Police Officer shall return to the Police Department his identification card, notice of commission, badge, and any other equipment issued to him by the Police Department. Upon return of the badge, the Police Department shall refund the officer's deposit for the badge.
(Ord. 109759 § 5, 1981.)
3.28.200 Uniforms.
A Special Police Officer may wear a uniform only if it is approved in writing by the Chief of Police. The Chief shall not approve a uniform so similar to the uniform of a regular police officer as to be misleading or confusing. While on duty, a Special Police Officer shall carry on his person his identification card, notice of commission, and badge if he has one, but shall not carry a weapon unless authorized by the Chief to do so.
(Ord. 109759 § 6, 1981.)
3.28.210 Changes of address and employment duties.
A Special Police Officer shall keep the Chief of Police advised in writing at all times of any change in his business and home addresses and business and home telephone numbers, and in the nature of his employment or in the duties he is performing as a Special Police Officer.
(Ord. 109759 § 7, 1981.)
3.28.220 Commission– Termination conditions.
A Special Police Officer commission and its accompanying authority shall terminate and be of no force and effect upon the happening of any one of the following events:
A. Arrest for, conviction of, or plea of guilty to any felony, crime of violence or offense involving moral turpitude;
B. Revocation by the Chief of Police for violation of rules and regulations adopted by the Chief of Police to regulate Special Police Officers;
C. Expiration of the commission; or
D. Termination of the employment or the duties for which the commission was issued.
(Ord. 109759 § 8, 1981.)
Subchapter III 3.28.320 Purpose.
It shall be the policy of the City that all City law enforcement officers shall be entitled to the protection of the provisions of this subchapter which shall constitute and may be referred to as the "Police Officers' Bill of Rights."
(Ord. 102150 § 1, 1973.)
3.28.330 Definitions.
For the purposes of this subchapter, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement officer. Such investigation shall be deemed a "criminal investigation" where it is suspected such conduct or acts are or may be the basis for filing a criminal charge against such officer, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such officer.
(Ord. 102150 § 2, 1973.)
3.28.340 Internal investigation– Information provided to subject officer.
Every officer who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, he is suspected of:
A. Committing a criminal offense;
B. Misconduct which would be grounds for termination, suspension or other disciplinary action; or that he may not be qualified for continued employment with the Police Department. At the time of the interview such officer shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview.
(Ord. 102150 § 3, 1973.)
3.28.350 Criminal investigation– Legal counsel.
Any officer who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such officer. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation.
(Ord. 102150 § 4, 1973.)
3.28.360 Information as to the nature of investigation– Recordings– Transcripts.
A. In the case of any major investigation and before any interview commences, the officer to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably apprise him of the allegations of any complaint and he shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his own choosing before being interviewed.
B. Such officer may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off-the-record." Upon request, the officer under investigation shall be provided an exact copy of any written statement he has signed and a verbatim transcript of any interview of such officer.
(Ord. 102150 § 5, 1973.)
3.28.370 Interviews– Procedures.
Interviews shall be held at a reasonable hour and preferably when the officer to be interviewed is on duty unless the exigencies of the interview dictate otherwise. Whenever possible interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimidation or coercion. The officer being interviewed shall be entitled to such intermissions as he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited in scope to activities, circumstances or events which pertain to the conduct or acts of the officer under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of a criminal charge.
(Ord. 102150 § 6, 1973.)
3.28.380 Threats and abusive conduct prohibited.
No officer under investigation shall, as a guise for obtaining such officer's resignation, be falsely threatened with dismissal or other disciplinary action should he refuse to resign, nor shall he be subjected to abusive or offensive language or in any other manner intimidated or offered promises or reward as an inducement to answer questions.
(Ord. 102150 § 7, 1973.)
Subchapter IV 3.28.420 Authorization.
The Chief of Police is authorized to establish a Community Service Officer Program using personnel with a distinctive uniform and insignia to aid regular police officers by performing community services associated with law enforcement, conducting crime prevention activities, assisting youth in the neighborhood, and undertaking other duties to improve relations between the community and the Police Department, and through such community services activities and training, developing potential police officers.
(Ord. 99767 § 1, 1971.)
Subchapter V 3.28.450 Commission– Conditions for granting– Authority of commissioned officer.
The Chief of Police at his discretion may grant a Retired Police Officer Commission to any Seattle Police Officer who is retired in good standing for service and not for disability. An officer so commissioned shall have the same authority as an active police officer; provided, that said authority shall not be exercised in the normal course of said officer's employment, profession, or calling; provided further, that said authority may be exercised in the normal course of said officer's private uniformed security employment. An officer so commissioned shall be subject to orders of the Chief of Police and the rules and regulations of the Police Department but does not become an employee of the City by virtue of his commission.
(Ord. 109757 § 1, 1981.)
3.28.460 Commission– Request– Expiration and renewal.
A retired officer seeking a Retired Police Officer Commission shall submit a written request therefor to the Chief of Police. The Chief at his discretion may grant or deny the request. All commissions shall expire on January 15th of each year. Upon written request prior to expiration, the Chief at his discretion may renew a commission.
(Ord. 109757 § 2, 1981.)
3.28.470 Requirements for commissioned officers.
A retired officer who has been granted a Retired Police Officer Commission shall:
A. Advise the Chief in writing of any change in his home or business address or telephone number, and of any change in the nature of any private employment engaged in; and
B. Maintain the skills and knowledge required of an active police officer.
(Ord. 109757 § 3, 1981.)
3.28.480 Revocation of commission– Conditions.
The Chief may revoke a Retired Police Officer Commission for any violation of Police Department rules and regulations for mental or physical unfitness to serve as a police officer, or for engaging in employment inconsistent with service as a police officer. Any determination whether these grounds for revocation exist shall be at the sole discretion of the Chief of Police:
A. Arrest for, conviction of or plea of guilty to any felony, crime of violence or offense involving moral turpitude;
B. Revocation by the Chief of Police; or
C. Expiration of the commission.
(Ord. 109757 § 4, 1981.)
Subchapter VI 3.28.500 Appointment– Chief of police authority.
The Chief of Police is authorized to appoint Reserve Police Officers in accordance with the provisions of this subchapter whenever such appointment will serve and assist the Police Department in maintaining adequate police protection.
(Ord. 109758 § 1, 1981.)
3.28.510 Appointment– Eligibility.
To be eligible for appointment as a Reserve Police Officer, a person shall be twenty-one (21) years old or more, a citizen of the United States, of good moral character, and shall not have been convicted of or have pleaded guilty to a felony, a crime of violence, or an offense involving moral turpitude. The Chief of Police may establish such additional qualifications for appointment as he deems necessary.
(Ord. 109758 § 2, 1981.)
3.28.520 Application for appointment.
A person desiring an appointment as a Reserve Police Officer shall complete and file an application with the Chief of Police on a form supplied by the Chief. An applicant shall be considered for appointment as a Reserve Police Officer in the manner determined by the Chief.
(Ord. 109758 § 3, 1981.)
3.28.530 Authority, training and compensation.
A Reserve Police Officer shall exercise the same police authority as a regular police officer, and shall be subject to the orders of the Chief and the rules and regulations of the Police Department. A Reserve Police Officer shall receive such training as is deemed appropriate and perform such duties as are specified by the Chief of Police, but shall receive no compensation from the City for performing such training or duties, except such insurance as may be provided by the City.
(Ord. 109758 § 4, 1981.)
3.28.540 Revocation of appointment– Conditions.
The Chief of Police may revoke a Reserve Police Officer's appointment for any violation of Police Department rules and regulations or any other cause which the Chief deems sufficient.
(Ord. 109758 § 5, 1981.)
Subchapter VII 3.28.800 Office of Professional Accountability created– Functions and authority.
There is created within the Seattle Police Department an Office of Professional Accountability (hereinafter "OPA") to receive and investigate complaints of misconduct by Seattle Police Department personnel. The responsibilities of the OPA include the following areas: regularly advising the Chief, as well as the Mayor and City Council, on all matters involving the Police Department's investigatory and disciplinary functions and on Police Department policies and practices related to police accountability and professional conduct; evaluating the internal investigation process; and, making recommendations on strategies and policies to improve complaint gathering and investigative procedures.
(Ord. 122744, § 1, 2008; Ord. 120728 § 2(part), 2002.)
3.28.805 Definitions.
A. "OPA complaint" refers to a complaint assigned to the Office of Professional Accountability for investigation.
B. "OPA investigation" and "complaint investigation" refer to an investigation of an OPA complaint conducted by the Office of Professional Accountability.
(Ord. 122744, § 2, 2008; Ord. 120728 § 2(part), 2002.)
3.28.810 Office of Professional Accountability– Director.
The Director of the OPA is responsible for the investigative and administrative functions of the police disciplinary process and shall manage the overall investigative, training, and administrative functions of the OPA. The OPA Director shall:
A. Be a civilian with legal, investigative, or prosecutorial experience;
B. Be appointed by the Mayor and confirmed by the City Council;
C. Be appointed for a three year term, with the possibility of being reappointed to a second or third three year term, for a maximum of nine years.
D. Report directly to the Chief of Police;
E. Be paid at a salary consistent with the level of responsibility established in this section and as provided by ordinance;
F. Direct the OPA investigative process, classify all complaints, certify in writing the completion and recommended findings of all OPA cases, and convey these recommendations to the Chief of Police, who is the final Police Department decision maker in disciplinary actions;
G. Attend employee due process hearings with the Chief of Police concerning possible employee discipline resulting from OPA recommendations;
H. Provide analysis and recommendations to the Chief of Police regarding disciplinary action in order to promote consistency of discipline;
I. Provide recommendations to the Chief of Police, Mayor and City Council regarding the resources of the OPA, including but not limited to budget and staffing; and
J. Provide recommendations to the Chief of Police, Major and City Council regarding Police Department policies and practices related to police accountability and professional conduct.
(Ord. 122744, § 3, 2008; Ord. 120728 § 2(part), 2002.)
3.28.812 Office of Professional Accountability– Explanations of Certain Complaint Dispositions.
A. If the Chief of Police decides not to follow the OPA's written recommendation on the disposition of an OPA complaint, the Chief shall make a written statement of the material reasons for the decision. The statement shall not contain the officer's name or any personal information about the officer. If the basis for not sustaining the complaint is personal, family or medical information about the officer, the statement shall refer to "personal information" as the basis. The Chief shall make the written statement within 60 days of his or her final decision on the disposition of the complaint.
B. If no discipline results from an OPA complaint because an investigation time limit specified in a collective bargaining agreement between the City and the subject employee's bargaining unit has been exceeded, within 60 days of the final disposition of the complaint investigation the OPA Director shall make a written explanation of the nature of the allegations in the complaint and the reason or reasons the time limit was exceeded. This requirement applies whether the OPA recommends that the complaint be sustained or declines to make a recommendation because the time limit has been exceeded. The written explanation shall be included in the OPA case file.
C. The written explanations required by Subsections A and B of this Section shall not identify or divulge personal information about the subject officer or officers or anyone else involved in the complaint and shall be subject to any applicable confidentiality requirements in state or federal law. The explanations shall not affect any discipline decisions; as specified in Seattle Municipal Code 3.28.810 Subsection F, the Chief of Police remains the final Police Department decision maker in disciplinary actions.
D. The written explanations required by Subsections A and B of this Section shall be provided to the Mayor and City Council. The OPA Director shall include summaries of these explanations in the reports required by Seattle Municipal Code 3.28.825. The summaries shall not identify or divulge personal information about the subject officer or officers or anyone else involved in the complaint and shall be subject to any applicable confidentiality requirements in state or federal law.
(Ord. 122744, § 4, 2008; Ord. 122513, § 1, 2007.)
3.28.815 OPA Deputy Director.
The Chief of Police shall, with a recommendation from the OPA Director, appoint the OPA Deputy Director from among the sworn Captain ranks of the Seattle Police Department. The OPA Deputy Director, as overseen by the Director, shall oversee the day-to-day management of the OPA investigative process, employing the best and most effective OPA investigations practices.
(Ord. 120728 § 2(part), 2002.)
3.28.820 OPA procedures manual.
The Police Department shall produce an OPA procedures manual, which shall include instructions for filing a complaint with OPA, and which shall be made available to members of the public, as well as Police Department personnel.
(Ord. 120728 § 2(part), 2002.)
3.28.825 Reports.
A. The Director shall issue at least two reports per year to the Mayor and City Council describing the work of the OPA and making recommendations for policy changes as determined by the Director. Each year at least one of the Director's reports shall report the following:
1. The total number of complaints received by the Office of Professional Accountability;
2. The number of complaints by classification and nature of allegation;
3. The percentage of complaints resulting in each kind of finding, namely, sustained, not sustained, unfounded, supervisory intervention or exonerated;
4. The nature of disciplinary action taken in sustained cases;
5. The geographic distribution of complaints;
6. The racial, ethnic and gender distributions of complainants, as this information is provided voluntarily by complainants;
7. The racial, ethnic, gender, assignment and seniority distributions of officers who are subjects of complaints;
8. The number of officers who have received three or more sustained complaints within one year; and
9. The timeliness of OPA complaint handling.
B. The OPA Director and OPA staff may meet with citizens and community groups to solicit community input on policies and practices related to police accountability.
C. The OPA Director shall make available to the OPA Auditor and OPA Review Board information necessary for their respective auditing and reporting functions as set forth in this chapter.
(Ord. 122744, § 5, 2008; Ord. 120728 § 2(part), 2002.)
3.28.830 Confidentiality of files and records.
The Director shall, in the case of unsustained complaints, prepare a summary of the investigation, including a description of the number of witnesses interviewed, the investigative methods employed, and a brief explanation of why the complaint was not sustained. The Director shall provide a copy of the summary to the complainant. The Director shall protect the confidentiality of Department files and records to which s/he has been provided access to the extent permitted by applicable law, in accordance with the provisions of this chapter, and in the same manner and to the same degree as s/he would be obligated to protect attorney-client privileged materials under legal and ethical requirements. The Director shall also be bound by the confidentiality provisions of the Criminal Records Privacy Act (RCW Chapter 10.97) and Public Disclosure Act (RCW Section 42.17.250 et seq.) The Director shall not identify the subject of an investigation in any public report required by this chapter.
(Ord. 120728 § 2(part), 2002.)
Subchapter VIII 3.28.850 Office of Professional Accountability Auditor established.
A. There shall be an Office of Professional Accountability Auditor (hereinafter "OPA Auditor") who shall be appointed by the Mayor, subject to confirmation by the City Council, to provide review and assessment of Office of Professional Accountability (hereinafter "OPA") complaints and of Police Department policies and practices related to police accountability and professional conduct. The OPA Auditor shall serve a term of three years and may be reappointed to two subsequent three year terms by the Mayor, subject to confirmation by the City Council. No individual may serve more than three three year terms as OPA Auditor. Should an OPA Auditor take office at any time after commencement of a regular term, the expiration of that term shall remain unaffected. The OPA Auditor may be removed from office for cause by the Mayor by filing a statement of reasons for removal with the City Council. The OPA Auditor shall be compensated as provided by ordinance or by appropriation in the City's annual budget.
B. The OPA Auditor should possess the following qualifications and characteristics at the time of appointment and throughout his or her term:
1. A reputation for integrity and professionalism, as well as the ability to maintain a high standard of integrity in the office;
2. A commitment to and knowledge of the need for and responsibilities of law enforcement, as well as the need to protect basic constitutional rights of all affected parties;
3. A commitment to the statement of purpose and policies in this chapter;
4. A history of demonstrated leadership experience and ability;
5. The potential for gaining the respect of complainants, Police Department personnel, and the citizens of this City;
6. The ability to work effectively with the Mayor, City Council, City Attorney, Chief of Police, OPA, other Police Department personnel, OPA Review Board, other public agencies, private organizations, and citizens;
7. The ability, as shown by previous experience, to work with diverse groups and individuals; and
8. The ability to maintain fairness and objectivity in an environment where controversy is common.
C. In addition to the qualifications and characteristics set forth in subsection B above, the OPA Auditor shall possess the following qualification: the OPA Auditor must be a graduate of an accredited law school and member in good standing of the Washington State Bar Association and, prior to appointment, have at least five years of experience in the practice of law or in a judicially related field.
D. The Chief of Police shall cause a thorough background check of nominees for OPA Auditor identified by the Mayor and shall report the results to the Mayor.
(Ord. 122744, § 6, 2008; Ord. 120728 § 2(part), 2002.)
3.28.855 OPA Auditor's Authority and Responsibility.
A. The OPA Auditor shall review OPA complaint classifications and complaint investigations. Every week the OPA shall notify the Auditor of the complaint classifications made and complaint investigations completed in the previous week, and shall make the case files available to the Auditor. The Auditor may recommend to the OPA that it change a complaint classification or further investigate a complaint, or, as specified elsewhere in this section, require further investigation. If within 10 days after being notified that a case file has been completed the Auditor has not advised the Department of concerns with the investigation, the OPA shall forward the case file to the subject officer's chain of command for review and recommendations. The OPA Auditor may review a completed case file after the OPA has referred the case file to the subject officer's chain of command, but in these instances the OPA Auditor shall not require further investigation.
B. The OPA Auditor may audit any and all OPA records. The purpose of such audits is to support the Auditor's recommendations on the thoroughness, fairness and timeliness of OPA investigations, and on any other Police Department or City policies and practices related to police accountability and police professional conduct. The Auditor shall issue public reports on the results of such audits. The Auditor shall determine the topics, scope and frequency of such audits after consulting at least annually with the OPA Director and OPA Review Board.
C. OPA Auditor May Require Further Investigation of OPA Complaints.
1. The OPA Auditor shall use best efforts to complete audits under subsections A and B of this section without unreasonably delaying review of the case file by the subject officer's chain of command. After reviewing the file, the OPA Auditor may request the Office of Professional Accountability to conduct further investigation. The OPA Auditor shall provide a written statement to the OPA Director identifying the reasons for his or her request for further investigation. Criteria the OPA Auditor should consider include but are not limited to: (1) whether witnesses were contacted and evidence collected; (2) whether interviews were thorough; and (3) whether applicable OPA procedures were followed. In the event the OPA Director disagrees with this recommendation, he or she shall within five days provide the OPA Auditor with a written explanation of the reasons. After giving due consideration to the OPA Director's explanation, the Auditor may require the OPA to conduct the specified further investigation.
D. Secure Temporary Space. The Department shall, upon request of the OPA Auditor, provide secure temporary space for the OPA Auditor to conduct the audits close to the records to be reviewed.
[E. Reserved.]
F. OPA Auditor's Access to Records; Restriction on Access When Criminal Investigation Pending; Return of Records.
1. The OPA Auditor shall have access to all OPA files and records, provided, however, that the OPA Auditor shall not have access to files designated by the OPA as relating to an active criminal investigation of an officer until such time as the Department has given the subject officer written notification of the investigation. The OPA Director shall provide the OPA Auditor with quarterly status reports regarding OPA cases in which criminal investigations are also being undertaken. These status reports shall include the number of ongoing OPA criminal investigations and the month during which each investigation was originated, and the number of new criminal investigations initiated that quarter.
2. OPA files and records made available to the OPA Auditor are the property of the Police Department and shall not, by operation of this sub-chapter, become the property of the OPA Auditor. The OPA Auditor shall make every reasonable effort to maintain the security of files belonging to the Department while in the OPA Auditor's possession. Any requests made to the OPA Auditor for OPA files or records, whether through litigation discovery or pursuant to public disclosure, shall be referred to the Chief of Police for response.
3. Upon completion of an audit, the OPA Auditor shall return to the OPA all section files, reports, and records to which he or she has been provided access pursuant to these audit procedures and standards. Following completion of an audit, the OPA Auditor may, however, continue to have access to closed OPA files.
G. OPA Auditor Access to Caseload, Workload and Procedural Information. The OPA Auditor is authorized to request any information on OPA cases, workload, or procedures that he or she finds necessary in order to conduct an ongoing analysis of the Department's OPA process. The Department shall make the requested information available to the Auditor.
(Ord. 122744, § 7, 2008; Ord. 120728 § 2(part), 2002.)
3.28.860 OPA Auditor to prepare semiannual report.
The OPA Auditor shall prepare a semiannual report of his or her audit activities and submit the report to the City Council, Chief of Police, City Attorney, Mayor, OPA Review Board, and City Clerk for filing as a public record. The OPA Auditor's report shall be prepared in accordance with the following provisions:
A. The OPA Auditor's report shall contain a general description of the files and records reviewed, and should include, but not be limited to:
1. The number of cases reviewed by the OPA Auditor;
2. The number of and a description of OPA cases in which the Auditor requested or required further investigation and a description of the OPA's responses;
3. The number of and a description of OPA complaints for which the OPA Auditor requested reclassification or further investigation and a description of the OPA's responses;
4. A summary of issues, problems and trends noted by the OPA Auditor as a result of his or her review;
5. Any recommendations that the Department consider additional officer training, including recommendations that the Department consider specialized training for IIS investigators;
6. Any recommendations the Department consider policy or procedural changes; and
7. Any findings from audits of OPA records or the OPA Director's reports.
B. The OPA Auditor's report shall not contain any recommendations concerning the discipline of any particular police officer, nor shall the report comment upon or make any recommendation concerning potential civil or criminal liability of any employee, police officer, or citizen.
C. The OPA Auditor shall deliver a preliminary draft of his/her semiannual report to the OPA Director and Chief of Police for review and comment. The OPA Director and Chief of Police shall review and comment on the preliminary report within 10 working days after receipt of the report. The OPA Auditor shall submit the final report within 10 working days after receipt of the Director's and Chief's comments.
(Ord. 122744, § 8, 2008; Ord. 120728 § 2(part), 2002.)
3.28.865 OPA Auditor to meet with Mayor, City Council, and Chief of Police.
The OPA Auditor shall meet periodically with the Mayor, City Council, OPA Review Board and the Chief of Police regarding recommendations to improve the OPA investigative process within the framework of applicable law and labor agreements.
(Ord. 120728 § 2(part), 2002.)
3.28.870 Confidentiality of files and records.
In discharging his or her responsibilities, the OPA Auditor shall protect the confidentiality of Department files and records to which s/he has been provided access in the same manner and to the same degree as s/he would be obligated to protect attorney-client privileged materials under legal and ethical requirements. The OPA Auditor shall also be bound by the confidentiality provisions of the Criminal Records Privacy Act (RCW Chapter 10.97) and Public Disclosure Act (RCW Section 42.17.250 et seq.). The OPA Auditor shall not identify the subject of an investigation in any public report required by this chapter.
(Ord. 120728 § 2(part), 2002.)
Subchapter IX 3.28.900 Office of Professional Accountability Review Board established.
A. There is created an Office of Professional Accountability Review Board (hereinafter "OPA Review Board"). The purpose of the OPA Review Board is to review the quality of the Office of Professional Accountability's (OPA) complaint handling process; to advise the City on Police Department policies and practices related to police accountability and professional conduct; and to organize and conduct public outreach on behalf of itself, the OPA and the OPA Auditor; all to enhance the quality and credibility of the City's police accountability system and thereby maintain public confidence in the professionalism and effectiveness of the Police Department.
B. The OPA Review Board shall not participate in the investigation or disposition of complaints to the OPA, and shall not seek to influence the course or outcome of specific OPA complaint investigations or the discipline of specific police officers.
C. The OPA Review Board shall consist of seven members. Four members shall be considered a quorum.
(Ord. 122744, § 9, 2008; Ord. 120728 § 2(part), 2002.)
3.28.905 Appointment of the OPA Review Board.
A. The City Council shall appoint the seven members of the OPA Review Board. The first term of any member shall be no longer than two years. Members may be reappointed to up to three subsequent two year terms; no individual may serve more than four terms. Members shall serve staggered terms such that no more than four members' terms shall expire in any year. Should any member take office at any time after commencement of a regular term, the expiration of that term shall remain unaffected. The City Council may remove a member from office for cause by filing a statement of reasons for removal. Members shall be compensated as provided by ordinance. The compensation of members and other resources necessary for the OPA Review Board shall be appropriated in the budget of the Legislative Department.
B. Each OPA Review Board member shall at the time of appointment and throughout his or her term:
1. Have a reputation for integrity and professionalism, as well as the ability to maintain a high standard of integrity in the office;
2. Have a commitment to and knowledge of the need for and responsibilities of law enforcement, as well as the need to protect basic constitutional rights of all affected parties;
3. Have a commitment to the statement of purpose and policies in this chapter;
4. Have a history of demonstrated leadership experience and ability;
5. Have the potential for gaining the respect of complainants, departmental personnel, and the citizens of this City;
6. Be able to work effectively with the City Council, departmental personnel, public agencies, private organizations, and citizens;
7. Be able to work with diverse groups and individuals, as shown by previous experience;
8. Be able to maintain fairness and objectivity in an environment where controversy is common.
9. Be a high school graduate or recipient of a general equivalency diploma;
10. Be a United States citizen or lawfully authorized for employment in the United States;
11. Be at least 21 years of age;
12. Not have been convicted of or plead guilty to a felony, crime of violence, or offense involving moral turpitude, or any plea thereto; and
13. Be able to comply with the appearance of fairness doctrine.
In addition, at any given time, at least one member of the OPA Review Board shall be a graduate of an accredited law school and a member in good standing of the Washington State Bar Association; at least one other member shall have significant experience in community involvement, organizing and outreach; at least one other member shall have at least five years experience as a sworn law enforcement officer; and at least one other member shall have at least five years experience in a field or fields related to law enforcement or criminal justice.
C. The Chief of Police shall cause a thorough background check of nominees for OPA Review Board identified by the Council and shall report the results to the Council.
D. The OPA Review Board shall annually elect one of its members to be the Chair of the OPA Review Board. In the event that all members of the Review Board are newly appointed, the City Council may appoint an interim Chair until the Review Board can conduct the election.
(Ord. 122744, § 10, 2008; Ord. 122127 § 1, 2006; Ord. 120728 § 2(part), 2002.)
3.28.910 OPA Review Board Responsibility.
A. The OPA Review Board shall review the OPA's complaint handling process. Based on its review of OPA complaint forms and files on closed OPA complaints, and on the Review Board's public outreach and research on best practices, the Review Board shall assess the apparent fairness, thoroughness and timeliness of the OPA complaint handling process as a whole. The Review Board shall not comment on the discipline of any officer or lack thereof, or on the liability of anyone involved in a specific complaint. The Review Board shall present its assessments of the OPA's complaint handling process in semiannual reports to the City. These reports shall include a general description of the OPA files and records reviewed.
B. The OPA Review Board shall organize and conduct public outreach on behalf of itself, the OPA and the OPA Auditor. The Review Board shall solicit public comments on the fairness, thoroughness and timeliness of the OPA complaint handling process and on the professional conduct of Seattle police officers. The Review Board shall invite the OPA, OPA Auditor and Police Department to participate in its outreach efforts.
C. The OPA Review Board shall advise the City on Police Department policies and practices related to police accountability and professional conduct. The Review Board shall base its recommendations on its review of the OPA complaint handling process and of the OPA Director's and OPA Auditor's reports, on any public comments it has received, and on its own research on national trends and best practices in police accountability and civilian oversight of law enforcement. The Review Board shall present its recommendations in its semiannual reports.
D. The OPA Review Board shall recommend to the OPA Auditor topics for the Auditor's review of Police Department policies and practices related to police accountability and professional conduct.
E. The OPA Review Board shall submit its semiannual reports to the City Council, Mayor, Chief of Police, City Attorney and City Clerk.
(Ord. 122744, § 11, 2008; Ord. 121146 § 1, 2003: Ord. 120728 § 2(part), 2002.)
3.28.920 Access to and confidentiality of files and records.
A. For the purpose of reviewing the OPA complaint handling process, the OPA Review Board shall have access to unredacted complaint forms of all OPA complaints and unredacted files of all closed OPA investigations, except for information the OPA would be required to withhold from persons not members of criminal justice agencies pursuant to the Criminal Records Privacy Act (Chapter 10.97 RCW) as it now exists and may hereafter be amended. The OPA Review Board shall have access to summary information necessary for its reporting obligations as set forth in Section 3.28.910 of this chapter.
B. In discharging their responsibilities, OPA Review Board members shall protect the confidentiality of Department files to which they have been provided access. OPA Review Board members shall not disclose information in these Department files and records except in the reports required by ordinance. OPA Review Board reports shall not contain identifying information about anyone involved in an OPA complaint or OPA investigation other than the OPA Director. "Identifying information" is defined as name, badge number, physical description, address, telephone number, email address, photographs or drawings, or any other unique identifying numbers such as driver's license, employee, vehicle or social security numbers. In the event of a public disclosure request pursuant to the Public Disclosure Act (RCW 42.17.250 et seq.), the OPA Review Board shall not disclose any information contained in OPA complaint forms or in files on closed OPA investigations, and shall transmit all such requests to the OPA Director for response.
C. Indemnification and defense of OPA Review Board members is governed by Chapter 4.64 SMC. It is outside the scope of OPA Review Board members' assignments to disclose information in Department files and records other than as allowed in subsection B of this section.
(Ord. 122126 § 1, 2006; Ord. 120728 § 2(part), 2002.)
Chapter 3.30 Sections:
Subchapter I Health Department Regulations
3.30.010 Agreement between City and King County.
3.30.020 Organization– Funding.
3.30.050 Use of stamps, seals, permits, and forms.
3.30.060 Penalty for violation of Section 3.30.050.
Statutory Reference: For Charter provisions on the Public Health Department, see Charter Art. IX; for statutory provisions authorizing combined City-county health departments, see RCW Ch. 70.08.
1. Cross-reference: For provisions regarding noise control, see Chapter 25.08 of this Code.
Subchapter II Health Services1
3.30.100 Agreements with municipalities for environmental and personal health care services.
3.30.110 Refund of permit fee.
3.30.120 Duplicate Medicare payments.
3.30.140 Personal health services– Authorization to solicit monetary donations– Conditions.
1. Editor's Note: Fee schedules for specific health care services, being subject to frequent change, are not included in this codification, but are available from the Seattle-King County Department of Public Health.
Former § 3.30.135 was editorially renumbered to § 10.03.155 in the December, 1986, supplement.
Subchapter III Seattle-King County Department of Public Health Citizens Advisory Board
3.30.200 Board established– Purpose.
3.30.210 Membership– Qualifications.
3.30.220 Tenure.
3.30.230 Appointment process.
3.30.240 Board operations.
3.30.250 Functional review of Board operations– Abolition or continuation of Board.
Subchapter I 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," (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.
(Ord. 109522 § 1, 1980.)
3.30.020 Organization– Funding.
The Department shall include an Administrative Division, County Services Division, Regional Services Division and Seattle Services Division. The County shall be financially responsible for the funding of the County Division and the Regional Services Division. The City shall fund the Seattle Services Division. The City and the county shall jointly fund the Administrative Division as follows: The county's share shall be the ratio of the population within the county, exclusive of the City, to the total population of the county; the City's share shall be the ratio of the population within its corporate limits to the total population within the county. The funding ratio shall be determined annually in accordance with the official population figures for the City and the county as determined by the State of Washington, Office of Fiscal Management, or its successor, in the publication entitled "State of Washington Population Trends," or its successor.
(Ord. 109522 § 2, 1980.)
3.30.050 Use of stamps, seals, permits and forms.
The Director of Public Health is empowered to adopt and use such stamps, seals, blanks, forms, application blanks, permits, notices, signs and placards for the Department of Public Health as he shall deem necessary for properly enforcing the provisions of the state law and City ordinances relative to his department.
(Ord. 18609 § 1, 1908.)
3.30.060 Penalty for violation of Section 3.30.050.
Any person who shall unlawfully use, duplicate, mutilate, tear down or convert any such stamps, seals, blanks, forms, applications blanks, permits, notices, signs or placards shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding One Hundred Dollars ($100.00) or imprisoned in the City Jail for a term not to exceed thirty (30) days or be both so fined and imprisoned.
(Ord. 18609 § 2, 1908.)
Subchapter II 3.30.100 Agreements with municipalities for environmental and personal health care services.
As requested by the Director of Public Health and recommended by the Mayor in the materials attached to Ordinance 1070981 the Director of Public Health is authorized for and on behalf of the City to execute agreements with municipalities located within King County, substantially in the form of the agreement attached to Ordinance 1070981 and identified as "Health Service Agreement Between the Seattle-King County Department of Public Health and Municipalities within King County" providing for the performance of environmental and personal health care services by the Seattle-King County Department of Public Health for the residents of such municipalities, pursuant to RCW 70.08.090 and 70.05.150.
(Ord. 107098 § 1, 1978.)
1. Editor's Note: Ord. 107098 supersedes Ord. 102414.
3.30.110 Refund of permit fee.
Whenever any permit is issued by the Public Health Department and a fee paid therefor, and no rights are exercised pursuant thereto and application is made for refund, the Director of Public Health shall certify the facts including the amount of the permit fee and the fund into which the same was paid and his or her approval of the refund, and upon presentation of such certificate to the Director of Finance and Administrative Services such officer is authorized to draw and to pay a warrant in the amount of such refund drawn upon the proper fund and the necessary appropriations are hereby made. If applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services may elect to make payment by check. Provided that no such refund is authorized when the amount of the permit fee is $4 or less, and all refunds shall be made in the amount paid for the permit less the sum of $3; and provided further, that before any such refund is made, the permit shall be surrendered to the Director of Public Health and by him or her canceled.
(Ord. 123361, § 39, 2010; Ord. 120794 § 18, 2002: Ord. 120114 § 4, 2000: Ord. 116368 § 44, 1992: Ord. 104203 § 1, 1975.)
3.30.120 Duplicate Medicare payments.
Whenever in the performance of services in connection with the Medicare Program the Public Health Department receives duplicate payments for the performance of such services and application is made for a refund, the Director of Public Health shall certify the facts including the amount of such duplicate payment and the fund into which the same was paid and his or her approval of the refund, and upon presentation of such certificate to the Director of Finance and Administrative Services such officer is authorized to draw and to pay a warrant in the amount of such refund drawn upon the proper fund and the necessary appropriations are hereby made. 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.
(Ord. 123361, § 40, 2010; Ord. 120794 § 19, 2002: Ord. 120114 § 5, 2000: Ord. 116368 § 45, 1992: Ord. 98418 § 1, 1969.)
3.30.140 Personal health services– Authorization to solicit monetary donations– Conditions.
As requested by the Director of the Seattle-King County Department of Public Health and recommended by the Mayor in the material attached to the ordinance codified in this section, in order to recover a portion of the operating costs of the Department, the Director is authorized to solicit monetary donations for the provision of personal health services including but not limited to the following:
1. Clinical services:
a. Dental health promotion and treatment,
b. Dental services for older adults,
c. Sexually transmitted diseases,
d. Chest-lung diseases,
e. Maternal child health,
f. Geriatric screening/monitoring;
2. Group services:
a. Maternal child health,
b. Sudden infant death syndrome; and to handle such donation consistent with agreements and understandings between the City and King County regarding the organization, management, and financing of the Department and applicable state, City and county laws, ordinances, regulations and administrative procedures.
(Ord. 110049 § 1, 1981.)
Subchapter III 3.30.200 Board established– Purpose.
There is established a Seattle-King County Department of Public Health 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.
(Ord. 106480 § 1, 1977.)
3.30.210 Membership– Qualifications.
The Board established in Section 3.30.200 shall consist of twenty-one (21) appointed members who shall serve without compensation, and shall reflect in its membership the racial, ethnic, and socio-economic characteristics of the primary users and consumers of the Department's services and the general population of the five (5) health districts within King County, as well as other pertinent demographic, environmental, health, and geographic characteristics of the Seattle-King County area; provided, that no more than two appointed Board members shall have the same profession or occupation, no appointed Board member shall be employed by the Department, and not less than fifteen (15) appointed Board members shall be consumers. For the purpose of this chapter, the term "consumer" shall mean any person whose occupation is other than the administration of health activities or the providing of health services, who has no fiduciary obligation to a health facility or other health agency, and who has no material financial interest in the rendering of health services. The Chairperson of the Department's Sewage Disposal Technical Advisory Committee, the Plumbing Code Advisory Board, the Refrigeration Advisory Committee and the Meat Advisory Committee and the Family Planning Medical Advisory Committee shall be ex officio members of the Board established in Section 3.30.200.
(Ord. 106480 § 2, 1977.)
3.30.220 Tenure.
Members of the Board established in Section 3.30.200 other than ex officio members shall be appointed for a term of three (3) years and until their successors are appointed and have qualified; provided, that the terms of the initial appointed members of the Board shall be staggered so that one-third ( 1/3) of such members shall serve a one (1) year term, another one-third ( 1/3) shall serve a two (2) year term, and the remaining one-third ( 1/3) shall serve a three (3) year term. Members may be reappointed, but may serve no more than two (2) consecutive terms. Any appointment made to fill a vacancy shall be for the unexpired portion of the term in which the vacancy occurs.
(Ord. 106480 § 3, 1977.)
3.30.230 Appointment process.
The Mayor shall appoint ten (10), and the King County Executive shall appoint eleven (11) of the initial members of the Board established in Section 3.30.200, after each such official has examined a list of names of persons nominated to such positions by the members of the Ad Hoc Citizens Advisory Committee for the Seattle King County Department of Public Health, to which list the Director of the Department shall have added his own nominees, following a review of the list; provided, that persons appointed after the initial members shall be appointed alternately by the Mayor and County Executive after each has reviewed a list of nominees nominated by the then current Board members, to which list the Director shall have similarly added his own nominees, following a review of the list.
(Ord. 106480 § 4, 1977.)
3.30.240 Board operations.
The Board established in Section 3.30.200 shall organize and annually elect a chairman, vice chairman, and secretary from its members; may adopt, amend, and repeal bylaws regarding its operations and governance; and may seek consultation from acknowledged experts in the community to assist it in accomplishing its purpose.
(Ord. 106480 § 5, 1977.)
3.30.250 Functional review of board operations– Abolition or continuation of Board.
The Board established in Section 3.30.200 shall be abolished three (3) years from the effective date of the ordinance codified in this chapter,1 without further City Council action, unless prior to the date of such abolition, the City Council, following a review of the functions of the Board, by ordinance continues the existence of the Board.
(Ord. 106480 § 6, 1977.)
1. Editor's Note: Ord. 106480 became effective on June 30, 1977.
Chapter 3.32 Sections:
3.32.010 Seattle Public Utilities– Director.
3.32.020 Adoption of rules.
3.32.030 Director's duties.
3.32.010 Seattle Public Utilities– Director.
A. There shall be the Seattle Public Utilities consisting of the municipal water system, the solid waste, drainage and wastewater, engineering services, and related executive management functions, and the customer service call center and construction engineering functions formerly within the City Light Department, the head of which shall be the Director of Seattle Public Utilities.1
B. The Director of Seattle Public Utilities shall be appointed by the Mayor and confirmed by a majority of the City Council, and shall serve for a four (4) year term.
(Ord. 118396 § 6(part), 1996: Ord. 107788 § 1 1978.)
1. Cross-reference: For provisions regarding the water system rates and regulations, see Subtitle I Water, of Title 21 of this Code.
3.32.020 Adoption of rules.
Pursuant to the Administrative Code (Ordinance 102228),1 the Director of Seattle Public Utilities may adopt whatever rule he or she deems useful for the conduct of the Seattle Public Utilities business.
(Ord. 118396 § 6(part), 1996: Ord. 107788 § 2, 1978.)
1. Editor's Note: The Administrative Code is codified in Chapter 3.02 of this Code.
3.32.030 Director's duties.
Under the direction of the Mayor, the functions of the Director of Seattle Public Utilities include:
A. Operating, maintaining, managing and controlling the municipal water system and related facilities;
B. Managing, controlling, operating and maintaining the municipal sewerage utility system;
C. Managing, controlling, operating and maintaining the municipal solid waste utility and resource recovery programs and projects;
D. Maintaining a repository of City survey, graphic, climatic, soils and engineering records; of City activities and contracts affecting drainage and the City's rights and duties with respect to stream flows and riparian rights within the City;
E. Managing, controlling and operating a central customer service call center for the City's utility operations;
F. Enforcing and implementing City ordinances, contracts and rules which relate to the Seattle Public Utilities;
G. Appointing, supervising and controlling officers and employees of the Seattle Public Utilities, subject to personnel ordinances and rules of the City;
H. Making surveys, maps, profiles, plans, specifications, estimates and reports in connection with the Seattle Public Utilities;
I. Laying out, directing, constructing and supervising all public works of the Seattle Public Utilities, and providing engineering and construction engineering services to other City departments as requested by those departments;
J. Performing other duties as assigned by the City.
(Ord. 118396 § 6(part) 1996: Ord. 109480 § 1, 1980: Ord. 107788 § 3, 1978.)
Chapter 3.33 Sections:
3.33.010 Purpose.
3.33.020 Jurisdiction– Authority.
3.33.030 Trial by jury– Juror's fees.
3.33.040 Structure.
3.33.050 Sessions.
3.33.060 Court Administrator.
3.33.070 Seal of Court.
3.33.080 Process.
3.33.090 Director of Traffic Violations/Director of Information and Revenue.
3.33.100 Judges' meetings– Rules of court.
3.33.110 Qualifications of judges.
3.33.120 Judges' oaths; bonds.
3.33.130 Additional judges.
3.33.140 Judges pro tempore.
3.33.150 Judicial officers.
3.33.160 Clerks of the court.
3.33.170 Powers and duties of chief clerk.
3.33.180 Director of Probation Services– Probation officers– Bailiffs.
3.33.190 Warrant servers– Service of process.
3.33.200 Retention of collection agency.
3.33.010 Purpose.
This chapter sets forth the structure and authority of Seattle Municipal Court and consolidates authorization previously given in Ordinances 101811, 108666 and 110900, which authority is hereby further ratified and confirmed. Consistent with RCW Chapter 35.20 and other applicable law, the purpose of the Court is to try violations of City ordinances and all other actions brought to enforce or recover license penalties or forfeitures declared or given by any such ordinances and perform such other duties as may be authorized by law.
(Ord. 113786 § 1(part), 1987.)
3.33.020 Jurisdiction– Authority.
The Municipal Court has jurisdiction to try violations of all City ordinances and all other actions brought to enforce or recover license penalties or forfeitures declared or given by any such ordinances. It is empowered to forfeit cash bail or bail bonds and issue execution thereon, to hear and determine all causes, civil or criminal, arising under such ordinances, and to pronounce judgment in accordance therewith; provided, that for a violation of the criminal provisions of an ordinance no greater punishment shall be imposed than is authorized by state law. All civil and criminal proceedings in Municipal Court, and judgments rendered therein, shall be subject to review in the Superior Court by writ of review or on appeal. Costs in civil and criminal cases may be taxed as provided by law.
(Ord. 118580 § 1, 1997: Ord. 113786 § 1(part), 1987.)
3.33.030 Trial by jury– Juror's fees.
In all civil cases and criminal cases where jurisdiction is concurrent with district courts as provided in RCW 35.20.250, within the jurisdiction of the Municipal Court, the plaintiff or defendant may demand a jury, which shall consist of six (6) citizens of the state who shall be impaneled and sworn as in cases before district courts, or the trial may be by a judge of the Municipal Court; provided, that no jury trial may be held on a proceeding involving a traffic infraction or violation. A defendant in a civil case requesting a jury shall pay to the Court a fee which shall be the same as that for a jury in Justice Court. Where there is more than one (1) defendant in an action and one (1) or more of them requests a jury, only one (1) jury fee shall be collected by the Court. Each juror may receive up to Twenty-five Dollars ($25), but in no case less than Ten Dollars ($10) for each day in attendance upon the Municipal Court and, in addition thereto, shall receive mileage at the rate determined under RCW 43.03.060; provided, that the compensation paid jurors shall be determined by the City's legislative authority and shall be uniformly applied.
(Ord. 113786 § 1(part), 1987.)
3.33.040 Structure.
A. The Municipal Court shall consist of eight (8) judicial departments, as follows:
1. Departments 1– 3 established pursuant to RCW 35.20.100;
2. Departments 4– 6 heretofore established pursuant to RCW 35.20.100 by Ordinances 101811, 108666 and 110900;
3. Department 7, heretofore established pursuant to RCW 35.20.100; and
4. Department 10 heretofore established pursuant to RCW 35.20.020 and 35.20.100.
B. The departments shall be established in such places as may be provided from time to time by the City's legislative authority and each department shall be presided over by a municipal judge. The judges shall select, by majority vote, one (1) of their number to act as presiding judge of the Municipal Court for a term of one (1) year, and he or she shall be responsible for administration of the Court and assignment of calendars to all departments. A change of venue from one department of the Municipal Court to another department shall be allowed in accordance with the provisions of RCW 3.66.090 in all civil and criminal proceedings. Municipal judges shall be elected as provided by law.
(Ord. 120655 §§ 1, 2, 2001: Ord. 115016 § 1, 1990: Ord. 114816 § 1, 1989: Ord. 114655 § 1, 1989: Ord. 113786 § 1(part), 1987.)
Cases: Departments 4 and 5 were validly created. In Re Eng, 113 Wn.2d 178, 776 P.2d 1336 (1989).
3.33.050 Sessions.
The Municipal Court shall be always open except on nonjudicial days. It shall hold regular and special sessions at such times as may be prescribed by the judges thereof.
(Ord. 113786 § 1(part), 1987.)
3.33.060 Court Administrator.
There shall be a Court Administrator of the Municipal Court appointed by the judges of the Municipal Court, subject to confirmation by a majority of the City Council, and removable by the judges of the Municipal Court subject to like confirmation. Before entering upon the duties of his or her office, the Court Administrator shall take and subscribe an oath the same as required for other officers of the City, and shall execute a penal bond in such sum and with such sureties as the City Council may direct and subject to their approval, conditioned for the faithful performance of his or her duties, and that he or she will pay over to the Director of Director of Finance and Administrative Services all moneys belonging to the City which shall come into his or her hands as such Court Administrator. The Court Administrator shall be paid such compensation as the City Council may provide from time to time. The Court Administrator shall act under the supervision and control of the presiding judge of the Municipal Court and shall supervise the functions of the chief clerk and Director of the Traffic Violations Bureau, or successor agency, and perform such other duties as may be assigned to him or her by the presiding judge of the Municipal Court.
(Ord. 123361, § 41, 2010; Ord. 120794 § 20, 2002: Ord. 116368 § 46, 1992: Ord. 113786 § 1(part), 1987.)
3.33.070 Seal of court.
The Municipal Court shall have a seal which shall be the vignette of George Washington, with the words "Seal of The Municipal Court of The City of Seattle, State of Washington," surrounding the vignette.
(Ord. 113786 § 1(part), 1987.)
3.33.080 Process.
All process from the Municipal Court shall issue under the seal thereof and shall run throughout the state.
(Ord. 113786 § 1(part), 1987.)
3.33.090 Director of Traffic Violations/Director of Information and Revenue.
There shall be a Director of the Traffic Violations Bureau/Director of Information and Revenue. The Director shall be appointed by the judges of the Municipal Court subject to civil service laws and rules. The Director shall act under the supervision of the Traffic Violations Bureau. Before entering upon the duties of his or her office, the Director shall take and subscribe an oath the same as required for other officers of the City and shall execute a penal bond in such sum and with such sureties as the City's legislative authority may direct and, subject to their approval, conditioned for the faithful performance of his or her duties, and that he or she will faithfully account to and pay over to the Director of Finance and Administrative Services all moneys belonging to the City which shall come into his or her hands as such Director. The Director shall be paid such compensation as may be provided in the salary schedule.
(Ord. 123361, § 42, 2010; Ord. 120794 § 21, 2002: Ord. 116368 § 47, 1992: Ord. 113786 § 1(part), 1987.)
3.33.100 Judges' meetings– Rules of court.
It shall be the duty of the judges of Municipal Court to meet together at least once each month, except during the months of July and August, at such hour and place as they may designate, and at such other times as they may desire, for the consideration of such matters pertaining to the administration of justice in said Court as may be brought before them. At these meetings they shall receive and investigate, or cause to be investigated, all complaints presented to them pertaining to the Court and the employees thereof, and shall take such action as they may deem necessary or proper with respect thereto. They shall have power and it shall be their duty to adopt, or cause to be adopted, rules and regulations for the proper administration of justice in the Municipal Court.
(Ord. 113786 § 1(part), 1987.)
3.33.110 Qualifications of judges.
No person shall be eligible for the office of judge of the Municipal Court unless he or she shall have been admitted to practice law before the courts of record of the state and is a qualified elector of the City. No judge of said Court during his or her term of office shall engage either directly or indirectly in the practice of law.
(Ord. 113786 § 1(part), 1987.)
3.33.120 Judges' oaths; bonds.
Every judge of the Municipal Court, before he or she enters upon the duties of his or her office, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Washington, and that I will faithfully discharge the duties of the office of judge of the Municipal Court of The City of Seattle according to the best of my ability; and I do further certify that I do not advocate, nor am I a member of an organization that advocates, the overthrow of the government of the United States by force or violence." The oath shall be filed in the office of the County Auditor. He or she shall also give such bonds to the state and City for the faithful performance of his or her duties as may be by law or ordinance directed.
(Ord. 113786 § 1(part), 1987.)
3.33.130 Additional judges.
Whenever the number of departments of the Municipal Court is increased by City ordinance, the Mayor shall appoint a qualified person as provided in RCW 35.30.170 and SMC Section 3.33.110 to act as Municipal Judge until the next general election. He or she shall be paid salaries in accordance with the provisions of RCW Chapter 35.20 and applicable City ordinances and provided with the necessary court, office space and personnel as authorized.
(Ord. 113786 § 1(part), 1987.)
3.33.140 Judges pro tempore.
The Presiding Municipal Court Judge shall, from attorneys residing in the City and qualified to hold the position of judge of the Municipal Court as provided in RCW 35.20.170 and SMC Section 3.33.110, appoint judges pro tempore who shall act in the absence of the regular judges of the Court or in addition to the regular judges when the administration of justice and the accomplishment of the work of the Court make it necessary. The Presiding Municipal Court Judge may appoint, as judges pro tempore, any full-time King County District Court judges. The term of office for a judge pro tempore must be specified in writing and cannot exceed the term of office of the regular elected Municipal Court judges. While acting as judge of the Court, judges pro tempore shall have all of the powers of the regular judges. Before entering upon his or her duties, each judge pro tempore shall take, subscribe and file an oath as is taken by a municipal judge. Judges pro tempore shall not practice before the Municipal Court during their term of office as judges pro tempore. Municipal Court Judges pro tempore shall receive such compensation as shall be fixed by ordinance of the City, and such compensation shall be paid by the City except that district court judges shall not be compensated by the City other than pursuant to an interlocal agreement.
(Ord. 120002 § 1, 2000: Ord. 113786 § 1(part), 1987.)
3.33.150 Judicial officers.
The judges of the Municipal Court may employ judicial officers to assist in the administration of justice and the accomplishment of the work of the Court as said work may be assigned to it by statute or ordinance. The duties and responsibilities of such officers shall be judicial in nature and shall be fixed by Court rule as adopted by the Municipal Court judges or fixed by ordinance. The judicial officers may be authorized to hear and determine cases involving the commission of traffic infractions and violations as provided in RCW Chapter 46.63 and SMC Title 11 and other applicable portions of the Seattle Municipal Code, and cases involving the commission of civil infractions and violations as provided for in RCW Chapter 7.80. The Mayor may appoint the judicial officers as judges pro tempore pursuant to RCW 35.20.200 and SMC Section 3.33.130; provided that, the judicial officer need not be a resident of the City.
(Ord. 119338 § 1, 1999: Ord. 113786 § 1(part), 1987.)
3.33.160 Clerks of the court.
A. There shall be a Chief Clerk of the Municipal Court appointed by the judges of the Municipal Court subject to such civil service laws and rules. Before he or she enters upon the duties of his or her office the chief clerk shall take and subscribe an oath the same as required for other officers of the City, and shall execute a penal bond in such sum and with such sureties as legislative authority of the City may direct and, subject to their approval, conditioned that he or she will faithfully account to and pay over to the Director of Finance and Administrative Services all moneys coming into his or her hands as the clerk, and that he or she will faithfully perform the duties of the office to the best of his or her knowledge and ability.
B. Upon the recommendation of the judges of the Municipal Court, the legislative authority of the City may provide for the appointment of such assistant clerks of the Municipal Court as the legislative authority deems necessary, with such compensation as the legislative authority may provide by ordinance and the assistant clerks shall be subject to civil service laws and rules; provided, that the judges of the Municipal Court shall appoint such clerks as the Board of County Commissioners may determine to handle cases involving violations of state law, wherein the Court has concurrent jurisdiction with justices of the peace and the Superior Court.
C. All clerks of the court shall have power to administer oaths, swear and acknowledge signatures of those persons filing complaints with the Court, take testimony in any action, suit or proceeding in the Court relating to the City or county for which they are appointed, and may certify any records and documents of the Court pertaining thereto. They shall give bond for the faithful performance of their duties as required by law.
(Ord. 123361, § 43, 2010; Ord. 120794 § 22, 2002; Ord. 116368 § 48, 1992; Ord. 113786 § 1(part), 1987.)
3.33.170 Powers and duties of chief clerk.
The chief clerk, under the supervision and direction of the Court Administrator of the Municipal Court, shall have the custody and care of the books, papers and records of the Court; he or she shall be present or ensure that a deputy is present during the session of the Court, and shall have the power to swear all witnesses and jurors, and administer oaths and affidavits, and take acknowledgements. He or she shall keep the records of the Court, and shall issue all process under his or her hand and the seal of the Court, and shall do and perform all things and have the same powers pertaining to his or her office as the clerks of the Superior Courts have in their office. He or she shall receive all fines, penalties and fees of every kind, and keep a full, accurate and detailed account of the same; and shall on each day pay into the City Treasury all moneys received for the City during the day previous, with a detailed account of the same, and taking the Director of Finance and Administrative Services' receipt therefor.
(Ord. 123361, § 44, 2010; Ord. 120794 § 23, 2002: Ord. 116368 § 49, 1992: Ord. 113786 § 1(part), 1987.)
3.33.180 Director of Probation Services– Probation officers– Bailiffs.
The judges of the Municipal Court shall appoint a Director of Probation Services who shall, under the direction and supervision of the Court Administrator of the Municipal Court, supervise the probation officers of the Municipal Court. The judges of the Municipal Court shall also appoint a bailiff for the Court, together with such number of probation officers and additional bailiffs as may be authorized by ordinance. The Director of Probation Services, probation officers, and bailiff or bailiffs shall be paid as provided by ordinance.
(Ord. 119128 § 1, 1998: Ord. 113786 § 1(part), 1987.)
3.33.190 Warrant servers– Service of process.
A. The position of warrant officer is hereby established in the Police Department. The position of warrant officer, as authorized by RCW 35.20.270, is hereby established under that title or other similar title as may be established by ordinance or collective bargaining agreement. The number and qualifications of warrant officers shall be fixed by ordinance, and their compensation shall be paid as provided by ordinance or collective bargaining agreement.
B. Warrant officers shall be vested only with the special authority to make arrests authorized by the warrants which they have been directed to serve by Municipal Court or other warrant service as may be authorized and directed by the Chief of Police.
C. All criminal and civil process issuing out of Municipal Court shall be directed to the Chief of Police, to the Sheriff of King County and/or the warrant officers of the Police Department and be by them executed according to law in any county of this state.
D. No process of Municipal Court shall be executed outside the corporate limits of the City unless the person authorized by said process shall first contact the applicable law enforcement agency in the jurisdiction of which the process is to be served.
E. Upon a defendant being arrested in another city or county, the cost of arresting or serving process thereon shall be borne by Municipal Court, including the cost of returning the defendant from any county of the state to the City.
F. Warrant officers shall not be entitled to death, disability or retirement benefits pursuant to RCW Chapter 41.26 on the basis of service as a warrant officer as described in this section.
(Ord. 116239 § 6, 1992: Ord. 113786 § 1(part), 1987.)
3.33.200 Retention of collection agency.
The Municipal Court is authorized to use a collection agency licensed under RCW Chapter 19.16 for the purposes of collecting unpaid penalties on infractions, criminal fines, costs, assessments, civil judgments, or forfeitures that have been imposed by the Court. The selection should be made through a competitive process and provide for nondiscrimination/affirmative efforts in employment and good faith efforts to utilize the services of women and minority owned businesses. The agreement(s) may specify conditions, remuneration for services, and other changes deemed appropriate.
(Ord. 121717 § 2, 2005; Ord. 114573 § 1, 1989.)
Chapter 3.35 Sections:
3.35.010 Department established– Purpose.
3.35.020 Director of the Department of Neighborhoods– Appointment– Term.
3.35.030 Director– Functions.
3.35.040 Director– Ancillary powers.
3.35.050 Neighborhood Matching Subfund.
3.35.060 Garden plot fee schedule; permits.
3.35.080 Leases and agreements authorized.
3.35.090 Immigrant and Refugee Advisory Board Established.
3.35.100 Immigrant and Refugee Advisory Board– Purposes and Duties.
3.35.110 Immigrant and Refugee Advisory Board– Appointments, Membership and Terms.
3.35.120 Annual Work Plan.
3.35.010 Department established– Purpose.
There is established a Department of Neighborhoods to provide citizens and neighborhoods with consolidated, accessible, and effective tools and resources:
A. To identify and address their diverse character and needs;
B. To assist their participation in the processes of City government;
C. To improve two (2) way communication between them and City departments;
D. To give them the capacity to build their communities;
E. To encourage their participation in finding solutions to their problems;
F. To encourage their communication and collaboration with other neighborhoods, business organizations and community groups;
G. To implement the Neighborhood Planning and Assistance Program adopted by Resolution 27709; and
H. To foster coordination and unity of purpose among neighborhoods, City government and the schools through co-location with the City's Office for Education.
(Ord. 120773 § 18, 2002: Ord. 115345 § 1(part), 1990.)
3.35.020 Director of the Department of Neighborhoods– Appointment– Term.
The Director of the Department of Neighborhoods shall be appointed by the Mayor subject to confirmation by a majority of the City Council to serve for a term of four (4) years. The first Director's term shall expire December 31, 1993. All other terms shall be coterminous with that of the Mayor.
(Ord. 115345 § 1(part), 1990.)
3.35.030 Director– Functions.
The Director of the Department of Neighborhoods shall manage the department and shall:
A. Serve as liaison with citizens, neighborhoods and other community organizations;
B. Manage the City's system of neighborhood service centers; provide staff for the City Neighborhood Council and district councils; and administer the Neighborhood Matching Fund Program and the Neighborhood Matching Fund;
C. Conduct outreach programs to elicit citizen participation; present neighborhood concerns to City departments and strengthen departmental responses to neighborhood problems; assure coordinated departmental responses to neighborhood concerns; and mediate disputes between City departments and affected communities;
D. Assist communities in understanding and responding to proposed projects and activities affecting local land uses and the quality of the neighborhood environment; and facilitate community meetings on City issues and actions having an impact on neighborhoods;
E. Assist communities in identifying problems and needs and help them develop, coordinate and implement neighborhood plans and other actions to address such issues; and report annually to the City Council regarding the status of neighborhood plans;
F. Provide technical assistance to neighborhoods undertaking general organizing efforts;
G. In collaboration with the Mayor, appoint the director of the Office for Education and oversee that office's programs and functions;
H. Oversee and direct the Neighborhood Action Team Seattle to foster a multi-department and community engagement approach to solving complex public safety problems;
I. Oversee and direct the COMPASS project including the maintenance and use of the associated database;
J. Perform such other functions as assigned by the City in its annual budgets or by ordinance from time to time.
(Ord. 123361, § 45, 2010; Ord. 120773 § 19, 2002: Ord. 117620 § 6, 1995; Ord. 115345 § 1(part), 1990.)
3.35.040 Director– Ancillary powers.
In order to carry out departmental functions, the Director of the Department of Neighborhoods shall have the power to:
A. Appoint, remove, assign, supervise and control officers and employees in the department in accordance with applicable civil service ordinances and rules;
B. Manage the preparation of the annual budget for the department, authorize appropriate expenditures and carry out the adopted budget; develop and manage programs; and undertake authorized activities;
C. Execute and enforce contracts (including agreements for expert and consultant services) subject to applicable purchasing and bidding ordinances; apply for grants and donations for departmental programs; execute interdepartmental agreements and, as authorized by ordinance, intergovernmental agreements; arrange for places for public meetings; and solicit and use volunteer services; and
D. Promulgate rules and regulations to carry out departmental activities pursuant to Chapter 3.02.
(Ord. 123361, § 46, 2010; Ord. 120181 § 59, 2000; Ord. 118397 § 45, 1996: Ord. 117620 § 7, 1995: Ord. 115345 § 1(part), 1990.)
3.35.050 Neighborhood Matching Subfund.
A. There is hereby established in the City Treasury, as a subfund of the General Fund, a Neighborhood Matching Subfund to be administered by the Director of the Department of Neighborhoods and into which shall be deposited whatever sums the City may receive or allocate from time to time or during the annual budget process for neighborhood planning and assistance purposes.
B. Disbursements from the Neighborhood Matching Subfund shall comply with all applicable provisions of the State Constitution, State law, City Charter and ordinances of the City, and shall be made from appropriations authorized by the City Council by ordinance.
C. Funds appropriated from the Neighborhood Matching Subfund shall not lapse and shall be carried over each year until fully expended, reallocated by administrative action, or abandoned or reappropriated to other authorized activities.
D. There is hereby established in the Neighborhood Matching Subfund a new account called the Neighborhood Participation Account into which shall be deposited any cash proceeds provided as matching participation in furtherance of projects authorized by the City Council as part of the Neighborhood Matching Subfund program.
E. Funds received and deposited in accordance with the provisions of subsection D of this section are available for appropriation for uses contemplated by the Neighborhood Matching Subfund Program.
(Ord. 117977 § 5, 1995: Ord. 115345 § 1(part), 1990.)
3.35.060 Garden plot fee schedule; permits.
A. To partially offset the costs of the P-Patch program, the Director of the Department of Neighborhoods ("Director") is authorized to establish and collect fees for applications for, and for the use of, P-Patch garden plots and to grant revocable permits for such use. Fees shall include an application fee and a permit fee. The permit fee shall vary in accordance with the size of garden plot used by the program participant and shall generally be based on a standard unit of one hundred square feet. Beginning January 1, 2005, the base application fee shall be Twenty-one Dollars ($21) per year for any size plot, and the base permit fee shall be Ten Dollars ($10) per year for each standard unit or any part of a standard unit. These base fees shall be subject to adjustments as authorized in subsections B, C and D of this section. The Director may waive fees and allow reductions from base fees as authorized in subsections E and F of this section.
B. The Director shall adjust the base fees every two (2) years approximately in proportion to the change in the Consumer Price Index, All Urban Consumers, published by the federal government, or a substitute or successor index selected by the Director. The next such adjustment shall take effect January 1, 2007.
C. The Director also may increase base fees for any year to reflect actual or expected increases in operating costs, including but not limited to water, lease fees, or equipment maintenance, provided that neither the base application fee nor the base permit fee for a standard unit shall vary by more than five per cent (5%) from the respective fee that would apply under subsections A and B of this section.
D. The Director may establish reduced base application fees or base permit fees, or both, for plots substantially smaller than a standard unit, including accessible raised beds, so long as the total base fees per square foot are no less than an amount generally consistent with the total base fees per square foot for the standard unit.
E. The Director may accept a reduced permit fee from a participant who is given access to a plot after a significant portion of the growing season has expired, prorated to reflect the number of months remaining in the growing season.
F. The Director may waive application fees or permit fees, or both, or set reduced fees, for plots used by low-income persons, and for organizations using plots dedicated to food bank gardening, otherwise operated to benefit low-income persons, or dedicated to educational purposes. If the Director waives or reduces fees under this section, the Director shall adopt policies regarding the income levels eligible for waivers or reduced fees, the types of organizations and programs eligible for such waivers or reductions, and conditions of eligibility, consistent with the intended public purposes for such waivers and reductions. The Director may limit the amount of area for which specified waivers or reductions may be allowed in order to prevent undue impacts on the revenues of the program.
(Ord. 121656 § 1, 2004; Ord. 121341 § 1, 2003; Ord. 120985 § 1, 2002; Ord. 120171 § 1, 2000; Ord. 118546 § 1, 1997; Ord. 117397 § 1, 1994; Ord. 115929 § 1, 1991; Ord. 113738 § 1, 1987; Ord. 109489 § 1, 1980; Ord. 107833 § 1, 1978; Ord. 106958 § 1, 1977.)
3.35.080 Leases and agreements authorized.
The Director of Neighborhoods (Director) is authorized, for and on behalf of The City of Seattle as lessee, to enter into, renew, modify and administer leases and agreements to lease any property within The City of Seattle for use as P-Patch community gardens or for similar open space use. Such leases shall be on such terms and for such periods, not to exceed five (5) years (exclusive of renewals at the City's option), as the Director may find prudent or as may be required by fund sources, provided that unless otherwise authorized by ordinance the combination of all such leases and agreements shall not commit the City to aggregate payments in any year in excess of Two Thousand Dollars ($2,000). The Director is further authorized to negotiate, accept, execute, record, administer, and enforce, for and on behalf of the City, easements, covenants, or other agreements from property owners and lessees, committing the use of land for P-Patch purposes for specified periods or in perpetuity, provided that without express City Council approval such agreements shall not impose material obligations on the City with respect to the property beyond those for which funds shall have been appropriated at the time of such acceptance.
(Ord. 118546 § 3, 1997: Ord. 118208 § 1, 1996.)
3.35.090 Immigrant and Refugee Advisory Board Established.
There is established an Immigrant and Refugee Advisory Board. The Department of Neighborhoods shall provide staff and meeting space to the Board, and shall maintain its records.
(Ord. 123182, § 3, 2009.)
3.35.100 Immigrant and Refugee Advisory Board– Purposes and Duties.
The Immigrant and Refugee Advisory Board shall act in an advisory capacity, and shall have the following purposes and duties:
A. To advise the Mayor, City Council and other departments and offices on ways to enhance and improve access to City services and resources for immigrants and refugees, as well as strengthen opportunities for immigrants and refugees to participate in the civic life of the City;
B. To advise the City concerning the successful implementation of the Immigrant and Refugee Action Plan and on future updates to the plan;
C. To advise all departments and offices of the City in matters affecting immigrants and refugees, as appropriate; and
D. To encourage understanding between and among the various immigrant and refugee communities and the larger Seattle community.
(Ord. 123182, § 4, 2009.)
3.35.110 Immigrant and Refugee Advisory Board– Appointments, Membership and Terms.
A. The Immigrant and Refugee Advisory Board shall consist of fifteen (15) members. Seven (7) members shall be appointed by the City Council; and eight (8) members shall be appointed by the Mayor. All appointments are subject to confirmation by a majority of the City Council. The appointing body shall provide written public notice for a vacant position(s).
B. In making appointments to the Board, the goal should be to maintain the gender balance and reflect the diversity of the immigrant and refugee community in Seattle, and attempts should be made to include two (2) members from the Asian/Pacific Islander Community, two (2) members from the Latino Community, two (2) members from the African Community, and two (2) members from the European/Middle East Community. At least, two (2) members should be youth or young adults under the age of 25 or represent youth issues. At least two-thirds ( 2/3) of the members should be immigrants and refugees themselves. All members shall demonstrate experience or expertise with immigrant issues as well as commitment to all immigrant and refugee communities. The Mayor and Council will coordinate appointments to help achieve the representation goals in this Subsection.
C. Each Immigrant and Refugee Advisory Board member shall serve for a term of two (2) years; provided, however, that three (3) of the initial Mayoral appointees and three (3) of the initial City Council appointees shall serve initial terms of one (1) year, to provide for staggered terms. The initial terms shall begin no later than January 2008 following the passage of this legislation creating the Board. No member of the Board shall serve more than two 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 (1) of the two (2) consecutive terms only if the portion of the unexpired term actually served is one (1) year or more. If the appointing authority fails to appoint or re-appoint a person to fill a Board position before the incumbent Board member's term has expired, then the incumbent may remain in his or her position for a period not to exceed ninety (90) days until such appointment or re-appointment is made. The authority that appointed a Board member may remove that Board member at will. The Board may, by majority vote, recommend to the appointing authority, removal from office of a Board member who is absent without excuse from three (3) Board meetings during any one (1)-year period. The Board shall select a chair, and may adopt, promulgate, amend and rescind administrative rules and regulations for its own conduct. No employee of the City of Seattle shall serve on the Board.
(Ord. 123182, § 5, 2009.)
3.35.120 Annual Work Plan.
The Immigrant and Refugee Advisory Board will develop an Annual Workplan for the coming year and an Annual Report on the previous year's work. The Annual Report will include a summary of Board accomplishments and challenges, as well as recommendations on how the City can continue to facilitate access to City services and programs and strengthen the City's Immigrant and Refugee Action Plan. The Board will brief the Mayor's Executive Team and the City Council on the Annual Workplan and Annual Report.
(Ord. 123182, § 6, 2009.)
Chapter 3.39 ------------
Note: Section 11 of Ord. 123361 added a new Ch. 3.39.
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3.39.010 Department established– Purpose. 3.39.020 Director of Finance and Administrative Services– Functions and powers. 3.39.021 Director of Finance and Administrative Services– Appointment and removal. 3.39.022 Director– Definition. 3.39.030 Director of Finance– Appointment and removal. 3.39.033 Joint Appointment of the Director of Finance and Administrative Services and the Director of Finance. 3.39.035 Director of Finance– Functions and powers. 3.39.040 Statutory duties of treasurer. 3.39.050 Payment by check, electronic payment, credit card, or warrant. 3.39.060 Authority to draw and pay warrants or make payment by check, electronic payment, or credit card. 3.39.070 Designation of delegates in City offices and departments. 3.39.080 Unclaimed property.
3.39.010 Department established– Purpose.
There is established a Department of Finance and Administrative Services.
A. The Department shall exercise general supervision over the financial affairs of the City, including but not limited to the following:
1. direct City borrowing activities;
2. provide policy direction concerning investments;
3. administer licensing for regulation and/or revenue unless law or ordinance vests such power elsewhere; and
4. provide revenue forecasts for those sources that are directly dependent on local economic conditions, including but not limited to sales tax, business and occupation tax, property tax, real estate excise tax and utility taxes;
5. provide economic and policy analysis on matters related to these same revenue sources;
6. provide assessments of local economic conditions and more general economic analyses, as appropriate and/or as requested;
7. provide general oversight of the City's Retirement Boards;
8. manage and maintain the City's accounting and financial systems.
B. The Department shall administer and enforce laws and ordinances relating to weights, measures, and consumer protection.
C. The Department shall be responsible for administering the following internal services for the City including but not limited to:
1. the City's public works contracting processes, and execution of contracts for public works projects;
2. the contractor processes, and execution and management contracts for all supplies, material, equipment and services required by City agencies;
3. the disposition of property, equipment, supplies, and material other than art works that are surplus to the City's needs;
4. municipal property management and real estate services;
5. fleet services;
6. and, capital facilities and improvements planning, construction, operation, and maintenance for general government use.
D. The Department shall administer and enforce laws and City ordinances relating to animal control.
E. Within the Department there is established a Finance Division, which shall be the Department of Finance for the purposes of Article VIII Section 1 of the City Charter. The Finance Division shall perform such duties of the Department of Finance and Administrative Services as described in Section 3.39.035, plus those assigned at the discretion of the Director of Finance and Administrative Services.
F. All references to "Department of Executive Administration," "Department of Finance," "Fleets and Facilities Department," "Department of Administrative Services," "Department of Licenses and Consumer Affairs," "Board of Public Works," "Director of Executive Administration," "Director of Fleets and Facilities," "Purchasing Agent" or "Director of Licenses and Consumer Affairs," in the Municipal Code shall be deemed to be a reference to "Department of Finance and Administrative Services" or "Director of Finance and Administrative Services or his/her designee" as may be applicable, except where the historical reference to "Purchasing Agent," "Department of Administrative Services," "Department of Licenses and Consumer Affairs," "Director of Licenses and Consumer Affairs," "Director of Executive Administration," "Director of Fleets and Facilities," or "Board of Public Works" is called for by context.
(Ord. 123361, § 12, 2010)
3.39.020 Director of Finance and Administrative Services– Functions and powers.
The Director of Finance and Administrative Services' functions and powers include but are not limited to the following:
A. Subject to the City's personnel ordinances and rules, appoint, assign, supervise and control all officers and employees in the Department;
B. Manage the preparation of the proposed budget for the Department, authorize appropriate expenditures and carry out the adopted budget, develop and manage the Department's programs, and undertake authorized activities;
C. Promulgate rules and regulations in accordance with Chapter 3.02 as deemed necessary to carry out the functions of the Department;
D. Maintain the City's financial accounts and records, issuing financial statements on behalf of the City, establish accounting policies and procedures for City departments, and monitor departmental compliance therewith;
E. Provide managerial oversight to the Finance Director in the exercise of duties authorized under SMC 3.39.035, and as assigned by ordinance;
F. Keep the City Treasury, receive and disburse all money belonging to the City, unless otherwise expressly provided by state law or City ordinance; collect funds due to the City when the function has not been assigned to another City department; and prepare and disburse the payroll after receiving proper certification from departments;
G. Certify City officers or employees as cashiers for receiving and depositing funds due to the City, establish criteria for their certification and internal controls for cash management, suspend or withdraw their certification, and pursue remedies available at law in the event of loss;
H. Select qualified public depositories for the deposit of City moneys as contemplated by RCW Chapter 39.58;
I. Invest funds in excess of the City's current needs, forecasting cash balances and needs, deposit and manage cash, and administer trust accounts that are not assigned to any other department;
J. Arrange for withholding and payment of applicable federal and state taxes;
K. Provide technical assistance, training, and support to City departments in performing financial functions;
L. Issue, deny, suspend, and revoke licenses for regulatory or revenue purposes according to law;
M. In the administration of public works contracting processes, require that all public works activities and contracts for public works projects are developed and carried out in a manner consistent with applicable state law and City ordinances. In case of an emergency requiring the immediate or expedited execution of public works contracts, the Director or his or her designee is authorized to declare the existence of an emergency situation, waive competitive bidding requirements, and award public works contracts as necessary to address the emergency. For purposes of this subsection, emergency situations are those that would impair the continued conduct of essential City functions, programs, services, or activities; create an undue hardship for residents, visitors, businesses, City departments, or other government agencies; result in a financial or property loss; or threaten public health or safety.
N. Consistent with this title and as otherwise authorized by ordinance, administer the City's purchasing and contracting processes, including solicitation of offers and proposals, and administration and enforcement of agreements made; execute public works contracts for the City, purchasing of supplies, materials, equipment and maintenance services, expert and consultant services, and disposition of property, equipment, supplies, and material, other than art works, that are surplus to the City's needs;
O. At his or her discretion or as otherwise authorized by ordinance, delegate any or all of the powers granted in subsections 3.39.020.M and 3.39.020.N to other departments, including but not limited to the authority to execute or administer classes of or individual portions of contracts;
P. Provide risk management and insurance services and process claims against the City pursuant to Chapter 5.24;
Q. Manage the City's real estate portfolio, excluding those properties for which the City Charter, ordinance or state law requires management by another department. Management includes planning and development, acquisition, disposal, analysis, development of policy and procedure, and general administration, including space allocation and operations;
R. Establish a system of prices, rates and allocations, and charge City departments and other users for services furnished by the Department and the use of City facilities, Department services, vehicles, and equipment; and establish a system of rates to be charged to City departments for the value of providing City-wide directory assistance services, which the Department of Information Technology will bill to departments;
S. Manage the City's fleet and provide services to other public fleets, in accordance with City policy, including policies that address the environmental and financial impacts of the fleet;
T. Provide a single point of contact to receive and resolve constituent concerns, questions, and complaints; oversee Citywide compliance in responding to public record requests; provide directory assistance for the City; provide information about City government to the public; present constituent concerns to City departments, and strengthen and ensure coordinated departmental responses; and
U. Perform such other activities as may be assigned by ordinance from time to time.
(Ord. 123361, § 13, 2010)
3.39.021 Director of Finance and Administrative Services– Appointment and removal.
The Director of Finance and Administrative Services shall be appointed by the Mayor subject to confirmation by majority vote of the City Council, and shall be subject to reappointment and reconfirmation every four years. The Director may be removed by the Mayor at any time upon filing a statement of reason therefor with the City Council.
(Ord. 123361, § 14, 2010)
3.39.022 Director– Definition.
Throughout this Chapter 3.39, whenever the word "Director" is used without further description, it shall refer to the Director of Finance and Administrative Services or his or her designee.
(Ord. 123361, § 15, 2010)
3.39.030 Director of Finance– Appointment and removal.
The Director of Finance manages the Finance Division housed within the Department of Finance and Administrative Services, and is the Director of Finance referenced in Article VIII Section 1 of the City Charter. The Director of Finance, who shall report to the Director of Finance and Administrative Services, shall be appointed by the Mayor subject to confirmation by a majority of the City Council, and shall be subject to reappointment and reconfirmation every four years. The Finance Director may be removed by the Mayor by filing a statement of his or her reasons for the removal with the City Council.
(Ord. 123361, § 16, 2010)
3.39.033 Joint Appointment of the Director of Finance and Administrative Services and the Director of Finance.
The positions of Director of Finance and Director of Finance and Administrative Services are not incompatible offices and may be held by the same person. Should the Mayor choose to appoint the same person to concurrently fill the Director of Finance and the Director of Finance and Administrative Services positions, the Mayor shall make a single appointment to the two positions. If a concurrent appointment is confirmed by the City Council, both offices shall report to the Mayor.
(Ord. 123361, § 16, 2010)
3.39.035 Director of Finance– Functions and powers.
The Director of Finance's functions and powers include but are not limited to the following:
A. Provide economic forecasting, in coordination with the City Budget Office, including:
1. Monitor forecasts for the national and state economies, and,
2. Develop forecasts for the region's and City's economies.
B. Provide revenue forecasting and analysis, in coordination with the City Budget Office, including:
1. Develop and compile forecasts for revenues for the General Subfund, Real Estate Excise Tax, Bridging the Gap program, and other special levy supported funds,
2. Monitor revenue collections relative to forecasts, and,
3. Assess and develop revenue policy options in response to emerging trends, changes in state policies, and requests by City officials (including the City Budget Office).
C. Manage City tax administration:
1. Create and administer rules and procedures for City-levied taxes,
2. Ensure processing tax information is efficient,
3. Maintain existing and develop new strategies for ensuring tax compliance, and,
4. Oversee process to adjudicate taxpayer appeals about tax liabilities.
D. In accordance with City Ordinances, the Seattle Municipal Code, and applicable state or federal laws, provide general oversight of City retirement boards including:
1. The Seattle City Employees' Retirement System. Duties shall include:
a. Provide fund monitoring,
b. Oversee fund management,
c. Assess and deliberate investment policies,
d. Assess and deliberate contribution policies,
e. Assess and deliberate benefit policies, and,
f. Support members of the Board of Administration of the Seattle City Employees' Retirement System and the City's elected officials in their assessment of the system's financial integrity.
2. Police Relief and Pension Fund - general oversight,
3. Firemen's Relief and Pension Fund - general oversight, and,
4. The City of Seattle Voluntary Deferred Compensation Plan and Trust Committee. Duties shall include:
a. Oversee plan administration, and,
b. Assess fund selection options.
E. Debt administration, in coordination with the City Budget Office, including:
1. Develop and maintain general policies for City debt,
2. Assess proposals for use of debt; ensure proposals consistent to debt policies,
3. Issue debt,
4. Ensure compliance to federal, state, City, and bond restrictions for use of bond proceeds, and,
5. Ensure debt service is paid from appropriate funds.
F. Manage City borrowing and investor relations, apply for bond ratings, execute and issue all appropriate documents including contracts and other documents for and on behalf of the City in connection with the issuance of bonds and other debt instruments as authorized by ordinance or resolution, retain financial and other necessary consultants, keep all necessary registers of creditors, and arrange for repayment of debts;
G. Report not less than quarterly to the Council's Finance & Budget Committee, or its successor committee, the performance of all major tax and fee revenue streams; the status of the City cash pool, including cash totals, performance of investments made from the pool, and the status of any and all interfund loans; and the status of City debts, debt service, debt capacity, and debt guarantees.
H. Financial oversight for specified City financial commitments, including:
1. Support the Director of the Office of Intergovernmental Relations by providing financial oversight of and monitoring the City's fiscal responsibilities related to public corporations established pursuant to Seattle Municipal Code Chapter 3.110, including City Public Development Authorities, Preservation and Development Authorities and the Museum Development Authority,
2. Develop processes to monitor and report on City's use of federal stimulus funds, and,
3. Assess City's liabilities for compliance to the Americans with Disabilities Act.
I. Report not less than quarterly to the Council's Finance & Budget Committee, or its successor committee, the status of any audits conducted by the Washington State Auditor's Office and act as a liaison to facilitate communication among City departments, the Washington State Auditor's Office and the Seattle City Council.
At his or her discretion, and with the approval of the Director of Finance and Administrative Services, the Director of Finance may delegate any of the duties authorized in this chapter to any other qualified city employee.
(Ord. 123361, § 16, 2010)
3.39.040 Statutory duties of treasurer.
Any reference to City Treasurer or City Comptroller in state law, contract, inter-local agreement or other similar source shall be deemed to refer to the Director of Finance and Administrative Services.
(Ord. 123361, § 17, 2010)
3.39.050 Payment by check, electronic payment, credit card, or warrant.
The Director of Finance and Administrative Services is authorized to elect to pay claims against, or other obligations of, the City out of solvent funds by check, electronic payment, or credit card. If the applicable fund is not solvent at the time payment is ordered, a warrant shall be issued therefor. The Director shall issue payment in his or her name or under his or her authority.
(Ord. 123361, § 18, 2010)
3.39.060 Authority to draw and pay warrants or make payment by check, electronic payment, or credit card.
Unless the ordinance indicates otherwise, the making of an appropriation is sufficient authority for the Director of Finance and Administrative Services to draw and pay the necessary warrants and make the necessary transfers upon properly executed vouchers drawn by the appropriate department head or an authorized assistant. If the applicable fund is solvent at the time payment is ordered, the Director may elect to make payment by check, electronic payment, or credit card.
(Ord. 123361, § 20, 2010)
3.39.070 Designation of delegates in City offices and departments.
A. The Director of Finance and Administrative Services is authorized to designate and appoint the head of a department, office, board, or other administrative unit, and with his or her concurrence subordinate officers therein, as delegates for the express purpose of authenticating and certifying vouchers, payrolls, and other central financial management transactions of the City, and updating vendor file information. Delegates so designated shall assume responsibility for ensuring that all claims that have been incurred by their respective administrative units are just, due and unpaid obligations and that materials were furnished, services were rendered or labor was performed as stated on each such claim, and that the vendor file information has been updated.
B. The Director of Finance and Administrative Services may at his or her discretion withdraw any or all authority delegated.
(Ord. 123361, § 21, 2010)
3.39.080 Unclaimed property.
The Director of Finance and Administrative Services is designated as the City's representative to the State of Washington, Department of Revenue, for the filing of reports and seeking refunds contemplated by the Uniform Unclaimed Property Act of 1983, RCW Chapter 63.29.290(1) (the "Act"). For such purposes, the Director is authorized to coordinate reporting by all City departments; to transfer moneys from the Light Fund to the General Fund on vouchers drawn by the Superintendent of the City Light Department in accordance with appropriations made in its annual budget; and to reserve at the end of each budget year from unexpended and unencumbered balances of appropriations made for other City departments an amount sufficient to cover payments to claimants (RCW 63.29.135).
(Ord. 123361, § 22, 2010)
Chapter 3.40 Sections:
3.40.010 City Auditor– Duties– Appointment.
3.40.020 City Auditor– Ancillary powers.
3.40.040 Auditing authority.
3.40.050 Audit reports– Follow-up required.
3.40.010 City Auditor– Duties– Appointment.
A. There is created within the legislative branch of City government a department to be called the Office of the City Auditor, to perform the duties provided in Article VIII, Section 2 of the City Charter. The City Auditor shall have a term of four (4) years, and shall be appointed by a majority of the City Council, and may be removed for cause by a majority of the City Council.
B. Succeeding terms that are not consecutive terms for the same individual shall commence for four (4) years upon appointment of the new City Auditor, regardless of the length of term served by the preceding City Auditor. Consecutive terms for the same individual shall commence for four (4) additional years from the date that individual's previous term expires if the incumbent is reappointed within ninety (90) days before or ninety (90) days after the expiration of the previous term; otherwise the successive term shall commence upon reappointment. If an incumbent seeks reappointment, the City Council should act to approve or disapprove the reappointment at least forty-five (45) days before the expiration of the incumbent's term.
(Ord. 122180, § 1, 2006; Ord. 119272 § 1, 1998; Ord. 118957 § 1, 1998: Ord. 116368 § 5(part), 1992.)
1. Editor's Note: The Charter is set out at the front of this Code.
Departments and Offices
DEPARTMENT OF PLANNING AND DEVELOPMENT1, 2
CITY LIGHT DEPARTMENT
OFFICE OF ENTREPRENEURIAL
ASSISTANCE
SEATTLE DEPARTMENT OF TRANSPORTATION1
Department Regulations
Funding of Restricted Parking Zones
Agreements and Payments for Departmental Work or Services
EXECUTIVE DEPARTMENT
City Budget Office*
Office of Intergovernmental Relations
Reserved
Office of Economic Development
Office of Housing
Office of Arts and Cultural Affairs
Office for Civil Rights
Office of Sustainability and Environment
FIRE DEPARTMENT
Badges
Firefighting Assistance
Special Programs and Services
Report, Record or ServiceFee 1. Aid car response
report per report $ 3.00 2. Fire and other
response reports per report 3.00 3. Carpet material
flammability test
(Fire Prevention
Division) per test 10.00
Hazardous Materials Handling
HUMAN SERVICES DEPARTMENT1
Department Regulations
Aging and Disability Services
Poverty Programs
P-Patch Program1
Office for Education
TDR Bank
DEPARTMENT OF INFORMATION TECHNOLOGY
PARKS AND RECREATION DEPARTMENT1
POLICE DEPARTMENT
Police Department Regulations
Service Charge 1. Conviction record check
(person provides forms and
has no record) per name $ 8.00 2. Conviction record check
with a clearance letter per name 17.50 each additional
clearance letter 2.50 3. Conviction record check,
fingerprinting and
classification per name 27.00 4. Conviction record check
and fingerprint classi-
fication (fingerprint
provided by applicant) per name 21.00 5. Fingerprint classification per classification 3.50 6. Fingerprinting (not
classified– not including
applicants for concealed
weapons permits) first card 7.00 each additional 7. Fingerprinting for review
of criminal history record with copy of conviction record 14.00 Fingerprinting for review
of criminal history record
(without copy of convic-
tion record) 8. Copy of incident/crime report per report 8.00 9. Annual report
(Police Department) per report 8.00 10. Census tract code book per book 17.50 11. Traffic accident report per report 8.00 12. Traffic accident witness
statements per statement 3.50 13. Polygraph examination
(at the request of and for
any law enforcement agency) per exam 82.00 14. Photographs and prints a. Original (taken on-site)
(includes one copy of
print) per original print black and white 68.00 color 73.00 b. Prints (when in
possession of
Police Department)
(up to 8" x 10") first copy
black and white 10.50 color 12.00 Additional copies black and white 2.50 color 3.50 Extra negatives black and white 3.50 color 6.00 c. Aerial/boat photographs original 123.00 Additional copies 21.00 Extra negatives 21.00 15. Polaroid ID-3 identification system cards for non-police City employees per card 6.00 16. Use of firearm qualification facility per person 6.00 17. Data processing services per hour MIS charges 18. Consultant and/or examination of physical
evidence by Police Department personnel per person/ hour 34.00 19. Notary services per notarization 2.50
Special Police
Police Officers' Bill of Rights
Community Service Officer Program
Retired Police Officers
Reserve Police Officers
Office of Professional Accountability
Office of Professional Accountability Auditor
Office of Professional Accountability Board
SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH1
Health Department Regulations
Health Services
Seattle-King County Department of Public Health Citizens Advisory Board
SEATTLE PUBLIC UTILITIES
SEATTLE MUNICIPAL COURT
DEPARTMENT OF NEIGHBORHOODS
DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES*
OFFICE OF CITY AUDITOR