Chapter 2.01 DEPARTMENT of PLANNING and DEVELOPMENT SERVICES

Title 2 GOVERNMENT

*Code reviser's note: For community mental health program administrative board, see chapter 7.48 SCC.

Chapter 2.01 DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES

2.01.010 Creation and Purpose.

There is hereby established a Snohomish county department of planning and development services. It shall be the purpose of this department to manage overall land use planning activities, provide coordination of the associated permit and inspection process, and perform other resource management functions which may be assigned to it. The department will be responsible for implementing land use and resource management policies as defined by the county council. (Ord. 82-130 § 2, adopted December 10, 1982; Ord. 95-004, § 1, Feb. 15, 1995, Eff date Feb. 27, 1995).

2.01.020 Definitions.

The following definitions shall apply to terms used in this chapter:

(1) "Department" means the Snohomish county department of planning and development services.

(2) "Director" means the director of the department of planning and development services.

(3) "County personnel system" means those statements of policy and procedure contained in Title 3A SCC or its successor.

(4) "Exempt personnel system" means the conditions of employment under the provisions of chapter 3.68 SCC and amendments thereto. (Ord. 82-130 § 2, adopted December 10, 1982; Ord. 95-004, § 2, Feb. 15, 1995, Eff date Feb. 27, 1995).

2.01.030 Authority and functions.

The department shall have the authority to develop comprehensive land use plans, administer zoning and development codes, and coordinate the permit and inspection process. The department's scope of authority shall include, but not be limited to, the following functional areas:

(1) Administration of the community planning process;

(2) Coordination of the development technical review process;

(3) Administration of the resource planning process;

(4) Coordination and administration of the permit issuance, inspection and compliance process;

(5) Coordination of the State Environmental Policy Act review process; (6) Perform such other planning, technical review, permit issuance, inspection, and compliance functions as are delegated by the county executive. (Ord. 82-130 § 2, adopted December 10, 1982; Amended Ord. 05-107, November 21, 2005, Eff date July 1, 2006; Ord. 06-090, November 20, 2006, Eff date Jan. 1, 2007).

2.01.035 Buildable lands program.

The department shall work with cities to develop buildable lands analysis procedures reports and buildable lands review and evaluation reports in accordance with RCW 36.70A.215 and county-wide planning policy GF- 7, subject to their review and adoption on behalf of the county by the county council. Council review of review and evaluation reports shall be consistent with the methodology of the applicable buildable lands analysis procedures report and include at least one public hearing. Council action of a report under this section shall not limit the county executive's ability to comment on the report for dispute resolution or other purposes. (Added Amended Ord. 02-033, July 24, 2002, Eff date Aug. 9, 2002; Amended by Amended Ord. 11-050, Sept. 28, 2011, Eff date Oct. 16, 2011).

2.01.040 Director.

(1) The director shall organize, manage and administer the activities of the department. He or she shall advise the executive and the council with regard to programs managed by or affecting the activities of the department.

(2) The director may, upon approval by the executive, issue rules as may be necessary to carry out the purposes of this chapter, and upon approval by the executive and/or council, enter into contracts on behalf of the county to carry out the purposes of this chapter.

(3) The director shall prepare and submit to the executive annual budget estimates for the department as provided in SCC 4.26.030.

(4) The director shall appoint all officers and employees of the department in accordance with the rules of the county personnel system and exempt personnel system and shall implement service improvements and cost reductions where possible.

(5) The director shall have the power to accept on behalf of the county, deeds and other conveyances or covenants of real property when such conveyances or covenants are tendered in compliance with conditions of land use or development permit, and it consistent with adopted land use, development or engineering standards and regulations.

(a) Right-of-Way (ROW) conveyances shall be approved and accepted by the director of the department of public works or county engineer.

(b) Road establishments are accepted under separate authority and procedures in accordance with chapters 36.81 RCW and 13.90 SCC.

(c) Dedications of real property within the boundaries of a final subdivision are accepted under separate procedure in accordance with the provisions of SCC 19.40.010(8).

(6) The director may delegate functions, powers, and duties to other officers and employees of the department as deemed expedient to further the purposes of this chapter. (Ord. 82-130 § 2, adopted December 10, 1982; Ord. 02-026, Eff. Date August 9, 2002; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007).

2.01.050 Appointment of Director.

The director shall be appointed by the executive subject to confirmation by the county council. The director shall serve at the pleasure of the executive and shall be subject to the county exempt personnel system. (Ord. 82-130 § 2, adopted December 10, 1982).

2.01.060 Organization by Director.

The director may create divisions and reassign positions and functions within the department; PROVIDED, That any budget transfers required by such actions are approved by the council; and PROVIDED FURTHER, That personnel assignments and changes shall be made in conformance with the personnel rules and policies of Snohomish county. (Ord. 82-130 § 2, adopted December 10, 1982).

2.01.070 Severability.

If any provision of this chapter is held invalid, the remainder of the chapter shall not be affected. (Ord. 82-130 § 2, adopted December 10, 1982).

2.01.080 Effective Date.

This chapter shall be effective on January 1, 1983. (Ord. 82-130 § 2, adopted December 10, 1982).

Chapter 2.02 HEARING EXAMINER

2.02.010 Purpose.

The purpose of this chapter is to establish a quasi-judicial hearing system which will ensure procedural due process and appearance of fairness in regulatory hearings; provide an efficient and effective hearing process for quasi-judicial matters; and comply with state laws regarding quasi-judicial land use hearings. (Ord. 80-115 § 2, adopted December 29, 1980; Amended Ord. 96-003, § 2, Feb. 21, 1996, Effective April 1, 1996).

2.02.020 Creation of Hearing Examiner.

Pursuant to those powers inherent in the home rule charter county, the office of Snohomish county hearing examiner, hereinafter referred to as examiner, is hereby created. The examiner shall interpret, review and implement land use regulations as provided by ordinance and may perform such other quasi-judicial functions as are delegated by ordinance. Unless the context requires otherwise, the term examiner as used herein shall include deputy examiners and examiners pro tem. (Ord. 80-115 § 1, adopted December 29, 1980). 2.02.030 Appointment and Terms.

The council shall appoint the examiner and any deputy examiners for terms which shall initially expire one year following the date of original appointment and thereafter expire two years following the date of each reappointment. The council may also by professional service contract appoint for terms and functions deemed appropriate by the council, examiners pro tem to serve in the event of absence or inability to act of the examiner or deputy examiners. (Ord. 80-115 § 1, adopted December 29, 1980; Amended Ord. 00-008, § 1, March 29, 2000, Eff date April 10, 2000).

2.02.040 Qualifications.

Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge such other functions conferred upon them. Examiners shall hold no other elective or appointive office or position in county government. (Ord. 80-115 § 1, adopted December 29, 1980).

2.02.050 Removal.

An examiner may be removed from office for cause by the affirmative vote of the majority of the council. (Ord. 80-115 § 1, adopted December 29, 1980).

2.02.060 Freedom from Improper Influence.

No person, including county officials, elected or appointed, shall attempt to influence an examiner in any matter pending before him, except at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of his duties in any other way; PROVIDED, That this section shall not prohibit the county prosecuting attorney from rendering legal service to the examiner upon request. (Ord. 80-115 § 1, adopted December 29, 1980).

2.02.070 Conflict of Interest.

No examiner shall conduct or participate in any hearing, decision or recommendation in which the examiner has a direct or indirect substantial financial or familial interest or concerning which the examiner has had substantial prehearing contacts with proponents or opponents. In an appeal from an examiner decision, the council shall be subject to the county ethics code, chapter 2.50 SCC. (Ord. 80-115 § 1, adopted December 29, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002).

2.02.080 Organization.

The office of the examiner shall be under the administrative supervision of the examiner and shall be separate and not a part of the executive branch and shall be considered a part of the county council support staff for purposes of budget consideration. (Ord. 80-115 § 1, adopted December 29, 1980). 2.02.090 Rules.

The examiner shall have the power to adopt and amend rules governing the scheduling and conduct of hearings and other procedural matters related to the duties of his or her office. Such rules may provide for cross examination of witnesses and, except in a SEPA appeal under chapter 30.61 SCC or a Type 1 or Type 2 proceeding under chapter 30.71 or 30.72 SCC, for issuance and enforcement of subpoenas to compel the appearance of witnesses and production of documents or materials. The examiner shall within five days after adoption or amendment of any such rule transmit a copy of such rule to the clerk of the council for council review, which rule shall remain in effect unless rejected or modified by the council. The council may by motion modify or reject the rule. The examiner shall incorporate any such action within ten days after adoption of the motion. (Ord. 80-115 § 1, adopted December 29, 1980; Amended Ord. 00-008, § 2, March 29, 2000, Eff date April 10, 2000; Amended by Amended Ord. 12-007, Mar. 21, 2012, Eff date April 5, 2012).

2.02.100 Powers.

The examiner shall have authority to:

(1) Receive and examine available information,

(2) Conduct public hearings and prepare a record thereof,

(3) Administer oaths and affirmations,

(4) Examine witnesses, PROVIDED That no person shall be compelled to divulge information which he or she could not be compelled to divulge in a court of law,

(5) Regulate the course of the hearing,

(6) Make and enter decisions,

(7) At the examiner's discretion, hold conferences for the settlement or simplification of issues and/or for establishment of special hearing procedures,

(8) Dispose of procedural requests or similar matters,

(9) Issue summary orders as provided for in SCC 2.02.125 and in supplementary proceedings,

(10) Issue and enforce subpoenas as provided by rule under SCC 2.02.090, and

(11) Take any other action authorized by or necessary to carry out this chapter.

The above authorities may be exercised on all matters for which jurisdiction is assigned either by county ordinance or by other legal action of the county or its elected officials. The examiner's decision shall be final and conclusive and may be reviewable by the council, the shorelines hearings board or court, as applicable. The nature of the examiner's decision shall be as specified in this chapter and in each ordinance which grants jurisdiction. (Ord. 80-115 § 1, adopted December 29, 1980; Amended Ord. 85-105, § 1, December 4, 1985; Amended Ord. 93-077, Sept. 8, 1993, Eff date Jan. 1, 1994; Amended Ord. 96-003, § 3, Feb. 21, 1996, Eff date April 1, 1996; Amended by Amended Ord. 12-007, Mar. 21, 2012, Eff date April 5, 2012). 2.02.122 Procedures for appeal of land use decisions authorized under Title 30 SCC.

The provisions of this chapter relating to procedures for appeals within the hearing examiner's jurisdiction shall not apply to decisions and appeals authorized pursuant to Title 30 SCC. The provisions of Title 30 SCC pertaining to decisions and administrative appeals for permits and approvals authorized by Title 30 SCC shall be the exclusive procedures for such administrative decisions and appeals. (Added Ord. 02-098, Dec. 9, 2002, Eff date February 1, 2002)

2.02.125 Procedures for Appeals within the Examiner's Jurisdiction.

Administrative appeals over which the examiner has jurisdiction shall be subject to the following procedural requirements:

(1) Appeals shall be addressed to the hearing examiner but shall be filed in writing with the department whose decision is being appealed within 14 calendar days of the date of action or, in those cases requiring personal or certified mail service, the date of service of the administrative action being appealed.

(2) An appeal must contain the following items in order to be complete. The examiner, if procedural time limitations allow, may allow an appellant not more than 15 days to perfect an otherwise timely filed appeal if such appeal is incomplete in some manner.

(a) Specific identification of the order, permit, decision, determination or other action being appealed (including the county's file number whenever such exists). A complete copy of the document being appealed must be filed with the appeal;

(b) The specific grounds upon which the appellant relies, including a concise statement of the factual reasons for the appeal and, if known, identification of the policies, statutes, codes, or regulations that the appellant claims are violated;

(c) The name, mailing address and daytime telephone number of each appellant together with the signature of at least one of the appellants or of the attorney for the appellant(s), if any;

(d) The name, mailing address, daytime telephone number and signature of the appellant's agent or representative, if any; and

(e) The required filing fee.

(3) Timely filing of an appeal shall stay the effect of the order, permit, decision, determination or other action being appealed until the appeal is finally disposed of by the examiner or withdrawn; PROVIDED, That filing of an appeal from the denial of a permit shall not stay such denial. Failure to file a timely and complete appeal shall constitute waiver of all rights to an administrative appeal under county code.

(4) No new appeal issues may be raised or submitted after the close of the time period for filing of the original appeal.

(5) The department whose decision is being appealed shall forward the appeal to the examiner's office within three working days of its filing.

(6) The examiner's office, within three working days after receipt of the appeal, shall send written notice of the filing of the appeal by first class mail, to the person named in an order or to the person who initially sought the permit, decision, determination or other action being appealed, whenever the appeal is filed by other than such person.

(7) The examiner may summarily dismiss an appeal in whole or in part without hearing if the examiner determines that the appeal is untimely, incomplete, without merit on its face, frivolous, beyond the scope of the examiner's jurisdiction or brought merely to secure a delay. The examiner may also summarily dismiss an appeal if he/she finds, in response to a challenge raised by the respondent and/or by the permit applicant and after allowing the appellant a reasonable period in which to reply to the challenge, that the appellant lacks legal standing to appeal. Except in extraordinary circumstances, summary dismissal orders shall be issued within 15 days following receipt of either a complete appeal or a request for issuance of such an order, whichever is later.

(8) Appeals shall be processed by the examiner as expeditiously as possible, giving proper consideration to the procedural due process rights of the parties. An appeal hearing shall be held before a final decision is issued unless the summary dismissal provisions of subsection (7), above, are utilized or the appeal is withdrawn. The examiner may consolidate multiple appeals of the same action for hearing and decision making purposes where to do so would facilitate expeditious and thorough consideration of the appeals without adversely affecting the due process rights of any of the parties.

(9) Notice of appeal hearings conducted pursuant to this section shall be given as provided below not less than 15 calendar days prior to the hearing:

(a) The examiner's office shall give notice of all appeal hearings by first class mail (unless otherwise required herein) to:

(i) the appellant;

(ii) the appellant's agent/representative, if any; and

(iii) the respondent (by interoffice mail); and

(iv) to the person named in an order or to the person who initially sought the permit, decision, determination or other action being appealed, whenever the appeal is filed by other than such person; and

(v) parties of record as defined by SCC 2.02.165.

(b) At a minimum, the following information shall be included in the notice:

(i) description of order, decision, determination, or other action being appealed, assigned county file number, and county contact person,

(ii) the date, time and place of public hearing if scheduled at the time of notice, and

(iii) any other information determined appropriate by the applicable department.

(10) Notices required by the above subsections shall be deemed adequate where a good-faith effort has been made by the county to identify and mail notice to each person entitled thereto. Notices mailed pursuant to the above subsections shall be deemed received by those persons named in an affidavit of mailing executed by the person designated to mail the notices. The failure of any person to actually receive the notice shall not invalidate any action. (11) The appeal hearing and examiner consideration of the appeal shall be limited solely to the issues identified by the appellant pursuant to SCC 2.02.125(2). (Added Amended Ord. 93-077, Sept. 8, 1993, Eff date Jan. 1, 1994; Ord. 95-004, § 5, Feb. 15, 1995, Eff date Feb. 27, 1995; Amended Ord. 95-032, § 1, June 28, 1995, Eff date July 20, 1995; Amended Ord. 96-003, § 4, Feb. 21, 1996, Eff date April 1, 1996; Amended Ord. 97-057, § 1, July 2, 1997, Eff date July 17, 1997; Amended Ord. 97-075, § 1, Sept. 24, 1997, Eff date Oct. 8, 1997; Ord. 02-098, Dec. 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 12-007, Mar. 21, 2012, Eff date retroactive to Jan. 10, 2012).

2.02.127 Filing location for appeals.

Any decision subject to administrative appeal under this chapter shall specify the county office at which the appeal must be filed. (Added Ord. 02-098, Dec. 9, 2002, Eff date February 1, 2003)

2.02.130 Report of Department.

(1) Where an appeal hearing is conducted before the examiner, the responsible department shall prepare a report summarizing the factors involved and the department's findings and recommendations.

(2) At least seven calendar days prior to the scheduled appeal hearing, the report shall be filed with the examiner and copies thereof shall be mailed by the responsible department to the appellant and made available for public inspection. Copies thereof shall be provided to interested persons upon payment of reproduction costs. (Ord. 80-115 § 1, adopted December 29, 1980; Amended Ord. 85-105, § 4, December 4, 1985; Amended Ord. 93-077, Sept. 8, 1993, Eff date Jan. 1, 1994; Ord. 95-004, § 6, Feb. 15, 1995, Eff date Feb. 27, 1995; Amended Ord. 96-003, § 5, Feb. 21, 1996, Eff date April 1, 1996; Ord. 02-098, Dec. 9, 2002, Eff date February 1, 2003).

2.02.140 Open Record Hearings.

(1) Where a public hearing is required by statute or ordinance, the examiner shall hold at least one open record hearing prior to rendering a decision on any such matter. All testimony at any such hearing shall be taken under oath. Notice of the time and place of the open record hearing shall be given as required by county ordinance. At the commencement of the hearing the examiner shall give oral notice of the opportunity to become a party of record as provided for in SCC 2.02.165.

(2) Each person participating in an open record hearing shall have the following rights, among others:

(a) To call, examine and cross-examine witnesses (subject to reasonable limitation by the examiner in accordance with the examiner's adopted rules of procedure) on any matter relevant to the issues of the hearing;

(b) To introduce documentary and physical evidence;

(d) To represent him/herself or to be represented by anyone of his choice who is lawfully permitted to do so. (Ord. 80-115 § 1, adopted December 29, 1980; Amended Ord. 84-116, November 7, 1984; Amended Ord. 90- 174, § 1, November 14, 1990; Amended Ord. 93-077, Sept. 8, 1993, Eff date Jan. 1, 1994; Amended Ord. 96- 003, § 6, Feb. 21, 1996, Eff date April 1, 1996). 2.02.155 Hearing examiner's decision. (1) A final decision on appeal shall be issued within 15 calendar days of the conclusion of a hearing, unless the appellant agrees in writing to extend the time period, or the time period has been extended by a request for reconsideration, or under some other authority. (2) The hearing examiner may affirm, may reverse in whole or in part, or may modify the permit or decision being appealed, or may remand the application to the applicable department for further processing. (3) If the application is remanded to the applicable department for further processing, the hearing examiner's decision shall not be considered a final decision. The hearing examiner's decision shall specify procedures for responding to the order. If a new decision is issued by the applicable department, a new appeal period shall commence in accordance with SCC 2.02.125. (4) The appeal decision shall include findings based upon the record and conclusions therefrom which support the decision. (5) The hearing examiner's decision shall include information on, and any applicable time limitations for, requesting reconsideration or for appealing the decision. (Added Ord. 02-098, Dec. 9, 2002, Eff date February 1, 2003)

2.02.160 Notice of Examiner's Decision.

A copy of the examiner decision shall be mailed by certified mail, return receipt requested, to the appellant, and by inter-office or regular mail, as appropriate, to any other party of record within the time period allowed by SCC 2.02.155. (Ord. 80-115 § 1, adopted December 29, 1980; Amended Ord. 90-174, § 2, November 14, 1990; Amended Ord. 93-077, Sept. 8, 1993, Eff date Jan. 1, 1994; Amended Ord. 96-003, § 8, Feb. 21 1996, Eff date April 1, 1996; Ord. 02-098, Dec. 9, 2002, Eff date February 1, 2003).

2.02.165 Definitions.

Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter.

(1) "Parties of record" means for each appeal:

(a) The appellant;

(b) All persons, county departments and/or public agencies who testified at the appeal hearing;

(c) All persons, county departments and/or public agencies who individually submitted written comments concerning the specific matter into the hearing record prior to the close of the appeal hearing (excluding persons who have only signed petitions or mechanically produced form letters); and

(d) All persons, county departments and/or public agencies who specifically request notice of decision by entering their name and mailing address on a register provided for such purpose at the appeal hearing.

A party of record to an application/appeal shall remain such through subsequent county proceedings involving the same appeal; PROVIDED A new parties of record register shall be started whenever an appeal comes on for supplementary hearing eighteen or more months after the most recent examiner decision was issued. The county may cease mailing material to any party of record whose mail is returned by the postal service as undeliverable.

(2) "Appeal hearing" means a hearing that creates the record on an appeal through testimony and submission of evidence and information. (Added Ord. 90-174, § 3, November 14, 1990; Amended Ord. 92-075, July 22, 1992; Amended Ord. 96-003, § 9, Feb. 21, 1996, Eff date April 1, 1996, Ord. 02-098, Dec. 9, 2002, Eff date February 1, 2003).

2.02.170 Reconsideration of hearing examiner decision.

(1) Any party to an appeal may file a written petition for reconsideration with the hearing examiner within 10 calendar days following the date of the hearing examiner's written decision. The petitioner for reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties to the appeal on the date of filing. The timely filing of a petition for reconsideration shall stay the hearing examiner's decision until such time as the petition has been disposed of by the hearing examiner. (2) The grounds for seeking reconsideration shall be limited to the following: (a) The hearing examiner exceeded the hearing examiner's jurisdiction; (b) The hearing examiner failed to follow the applicable procedure in reaching the hearing examiner's decision; (c) The hearing examiner committed an error of law; (d) The hearing examiner's findings, conclusions, and/or conditions are not supported by the record; or (e) New evidence which could not reasonably have been produced and which is material to the decision is discovered. (3) The petition for reconsideration must: (a) Contain the name, mailing address, and daytime telephone number of the petitioner or petitioner's representative, together with the signature of the petitioner or of the petitioner's representative; (b) Identify the specific findings, conclusions, actions, and/or conditions for which reconsideration is requested; (c) State the specific grounds upon which relief is requested; (d) Describe the specific relief requested; and (e) Where applicable, identify the specific nature of any newly discovered evidence. (4) The petition for reconsideration shall be decided by the same hearing examiner who rendered the decision, if reasonably available. The hearing examiner shall provide notice of the decision on reconsideration in accordance with SCC 2.02.160. Within 14 days, the hearing examiner shall: (a) Deny the petition in writing; (b) Grant the petition and issue an amended decision in accordance with the provisions of SCC 2.02.155 following reconsideration; (c) Accept the petition and give notice to all parties to the appeal of the opportunity to submit written comment. Parties to the appeal shall have 10 calendar days from the date of such notice in which to submit written comments. The hearing examiner shall either issue a decision in accordance with the provisions of SCC 2.02.155 or issue an order within 15 days after the close of the comment period setting the matter for further hearing. If further hearing is ordered, the hearing examiner's office shall mail notice not less than 15 days prior to the hearing date to all parties of record; or (d) Accept the petition and set the matter for further open record hearing to consider new evidence, and/or the arguments of the parties. Notice of such further hearing shall be mailed by the hearing examiner's office not less than 15 days prior to the hearing date to all parties of record. The hearing examiner shall issue a decision following the further hearing in accordance with the provisions of SCC 2.02.155. (5) A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration. (6) The hearing examiner may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. (Added Ord. 02-098, December 9, 2002, Eff date February 1, 2003)

2.02.185 Clerical Mistakes -- Authority to Correct. Clerical mistakes and errors arising from oversight or omission in hearing examiner and council decisions and/or orders issued pursuant to this chapter may be corrected by the hearing examiner at any time either on his/her own initiative or on the motion of a party of record. A copy of each page affected by the correction, with the correction clearly identified, shall be mailed to all parties of record. (Added Ord. 93-077, Sept. 8, 1993, Eff date Jan. 1, 1994; Ord. 02-098l, Dec. 9, 2002, Eff date February 1, 2003).

2.02.195 Appeal to Court from Examiner's Decision.

Where the examiner's decision is final and conclusive, it may be appealed to superior court by an aggrieved party of record as may be provided by applicable law within 21 days of the issuance of the examiner's final decision on the matter. The following shall apply to any action for judicial review of the examiner's decision:

(1) Where the reconsideration process of SCC 2.02.170 has been utilized, no action for judicial review may be filed until the reconsideration process has been completed and no action for judicial review by the petitioner for reconsideration may raise an issue which has not been the subject of a petition for reconsideration.

(2) An action for judicial review may be brought by any aggrieved party of record within 21 calendar days following the date of the examiner's decision on reconsideration; PROVIDED, That only the petitioner for reconsideration may file an action for judicial review of the denial of a petition for reconsideration. The cost of transcribing the record of proceedings, of copying photographs, video tapes, and oversized documents, and of staff time spent copying and assembling the record and preparing the return for filing with the court shall be borne by the appellant. (Added Amended Ord. 93-077, Sept. 8, 1993, Eff date Jan. 1, 1994; Amended Ord. 96-003, § 15, Feb. 21, 1996, Eff date April 1, 1996; Amended Ord. 99-115, § 2, Jan. 12, 2000, Eff date Jan. 23, 2000; Ord. 02-098, December 9, 2002, Eff date February 1, 2003).

2.02.200 Examiner's Report to Council and Planning Commission.

The examiner shall report in writing to and meet with the Snohomish county council and the planning commission at least annually for the purpose of reviewing the administration of the county's land use policy and regulatory ordinances. Such report shall include a summary of the examiner's decisions since the last report. (Ord. 80-115, § 1, adopted December 29, 1980; Amended Ord. 97-075, § 3, Sept. 24, 1997, Eff date Oct. 8, 1997).

2.02.210 Interlocal Agreements.

The examiner may provide services similar to those prescribed herein for other municipalities when authorized by interlocal agreement. (Ord. 80-115 § 1, adopted December 29, 1980).

2.02.215 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provisions to other persons or circumstances is not affected. (Added Amended Ord. 93-077, Sept. 8, 1993, Eff date Jan. 1, 1994). Chapter 2.03 BOARDS AND COMMISSIONS

2.03.010 Purpose.

This chapter establishes procedures and criteria for recommendation, appointment and service of members of Snohomish county boards and commissions. The provisions of this chapter shall be inapplicable in the event they are superseded by state law. If other county code provisions conflict with this chapter, this chapter's provisions shall prevail. (Ord. 82-037 § 1, adopted June 9, 1982).

2.03.020 Scope.

This chapter shall apply to all boards and commissions which are created by state statute or county ordinance, whose members are recommended by the county executive and appointed by the county council. The term "board member" used herein shall refer collectively to any board or commission member. (Ord. 82-037 § 1, adopted June 9, 1982).

2.03.030 Executive Recommendation.

The following guidelines shall apply to all candidates for boards and commissions, whether new or to be reappointed:

(1) Documentation. The executive's recommendation shall be accompanied by a form and cover letter which discuss the candidate's qualifications. The executive may, and is encouraged to submit more than one name for each position.

(2) Timing. Within a reasonable time prior to the end of a term, the executive shall recommend a candidate(s) to the council. The existing board member shall continue to serve until his or her successor is appointed. If a board member resigns or otherwise vacates his or her position, the executive will recommend to the council a replacement within a reasonable time of notice of resignation. "Reasonable time" shall be defined as 30 days unless extenuating circumstances, described in writing by the executive and approved by the council, require additional time. (Ord. 82-037 § 1, adopted June 9, 1982).

2.03.040 Council Appointment.

The following guidelines shall apply to all council appointments of board members:

(1) Timing. Council shall act upon the executive's recommendation(s) within 30 days of receipt. If the recommendation is rejected, the executive shall have a reasonable time to submit another name. If the second recommendation is rejected, or if the executive does not submit a recommendation within a reasonable time, the council may request another name from the executive or may appoint directly.

(2) Decision. The council shall give due deliberation to all recommended candidates and supporting documentation, and may conduct hearings on appointments. If a recommendation is denied, the denial shall be in writing and contain reasons for such denial. (Ord. 82-037 § 1, adopted June 9, 1982).

2.03.050 Terms.

Terms of all board members, except as otherwise required by statute, shall be limited to four years. A member shall serve a maximum of three consecutive terms on the same board. After a period of two years' absence from the board, a person may again be appointed for up to three consecutive terms. (Ord. 82-037 § 1, adopted June 9, 1982).

2.03.060 General Requirements.

Except as otherwise specified by ordinance, candidates for appointment to county boards or commissions must meet the following requirements:

(1) Possess qualifications for the appointment sought, as shown by the candidate's written documentation and any hearing testimony;

(2) If a reappointment, demonstrate the continuing benefits of retaining the board member as discussed in the executive's recommendation, and a satisfactory attendance record, as determined by adopted criteria of the particular board;

(3) Reside or work in Snohomish county, or show evidence of special interest in Snohomish county, PROVIDED That a candidate may not be a county employee;

(4) Membership is limited to one position at a time on a board or commission, PROVIDED That a member of a board may simultaneously serve on one ad hoc or advisory committee. (Ord. 82-037 § 1, adopted June 9, 1982; Amended by Ord. 09-025, April 15, 2009, Eff date May 8, 2009).

2.03.070 Compensation.

Board members shall be compensated according to state laws. If statutory compensation is not set, members shall be reimbursed for mileage to and from meetings, and for other expenses as approved by the applicable department head as limited by budgetary constraints. (Ord. 82-037 § 1, adopted June 9, 1982).

2.03.080 Removal.

Members of boards or commissions may be removed subject to rules promulgated by the particular body. In addition, members may be removed by the county council for misfeasance. (Ord. 82-037 § 1, adopted June 9, 1982).

2.03.090 Ad Hoc or Advisory Committees.

Special purpose bodies known as ad hoc or advisory committees are subject to the following:

(1) Purpose and length. At the time of their creation, ad hoc or advisory committees shall be charged by the executive and/or council with a written mandate including specific purpose(s) and desired product(s). In addition, timing provisions including an automatic date of disbanding, shall be set by the creating authority. Such dates may be altered by council resolution.

(2) Yearly review. Coincident with the budget proposal the executive shall submit to the council each year a summary of the activities of all ad hoc or advisory committees, together with an analysis and recommendations on their future operation. (Ord. 82-037 § 1, adopted June 9, 1982).

2.03.100 Severability.

If any provision of this chapter is held invalid, the remainder of the chapter or the application of the provisions to any other persons or circumstances is not affected. (Ord. 82-037 § 1, adopted June 9, 1982).

Chapter 2.04 PERSONNEL HEARINGS EXAMINER

2.04.010 Creation and Duties.

The office of personnel hearings examiner is hereby created. The office of personnel hearings examiner shall consist of an independent contractor nominated and appointed in accordance with SCC 2.04.020. The personnel hearings examiner shall conduct quasi-judicial hearings at Step IV of the grievance process for classified county employees in accordance with SCC 2.04.070 and Chapter 3A.11 SCC. (Ord. 97-089 § 5, Oct. 8, 1997, Eff date Oct. 19, 1997).

2.04.020 Appointment and Term.

The personnel hearings examiner shall be nominated by the county executive and appointed by the county council. Appointment shall be for a term of two years following the date of appointment. Appointment shall be contingent upon execution of a professional services contract containing such terms and conditions as the council may deem appropriate. (Ord. 97-089 § 5, Oct. 8, 1997, Eff date Oct. 19, 1997).

2.04.030 Qualifications.

The personnel hearings examiner shall be appointed on the basis of qualifications to perform the duties of personnel hearings examiner. Qualifications for the position shall include experience in labor and personnel matters and training with regard to evidentiary and other legal issues pertinent to the conduct of quasi-judicial proceedings. The personnel hearing examiner shall hold no other elective or appointive office or position in county government. (Ord. 97-089 § 5, Oct. 8, 1997, Eff date Oct. 19, 1997).

2.04.040 Removal. The personnel hearings examiner may be removed from office for violation of the professional services contract or for such other cause as the council may deem appropriate by an affirmative vote of three members of the council. (Ord. 97-089 § 5, Oct. 8, 1997, Eff date Oct. 19, 1997).

2.04.050 Vacancies.

In the event of resignation, removal, or abandonment of position, the county executive shall declare a vacancy in the office of personnel hearings examiner. Failure of the personnel hearings examiner to timely convene a Step IV hearing at the county's request shall constitute abandonment of position. The county council may appoint a personnel hearings examiner pro tem to act as personnel hearings examiner until a successor is appointed pursuant to SCC 2.04.020. (Ord. 97-089 § 5, Oct. 8, 1997, Eff date Oct. 19, 1997).

2.04.060 Conflict of Interest and Recusal.

The personnel hearings examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect substantial financial or familial interest, or from which recusal is required by SCC 2.50.040. In the event of recusal, the county council may appoint a personnel hearings examiner pro tem to act as personnel hearings examiner for purposes of the grievance from which the personnel hearings examiner was recused. (Ord. 97-089 § 5, Oct. 8, 1997, Eff date Oct. 19, 1997).

2.04.070 Conduct of Hearings.

(1) A grievance hearing before the personnel hearings examiner shall be open to the public except where the personnel hearings examiner determines upon request of a party that there is a substantial reason for closing the hearing.

(2) The parties to a grievance hearing shall be the grieving employee and the county. The personnel hearings examiner shall mail notice of the hearing date to the parties at least ten days in advance of the hearing date. The personnel hearings examiner may hear and rule on scheduling and other pre-hearing matters after providing reasonable opportunity for the parties to be heard.

(3) If the employee intends to be represented by legal counsel at the hearing, the employee shall notify the director of human resources prior to any formal action on the employee's behalf by the employee's attorney but in no event later than ten (10) days prior to the first scheduled hearing date. The county may be represented by the prosecuting attorney's office.

(4) The personnel hearings examiner shall provide each party with an opportunity to make an opening statement, to present and cross-examine witnesses, to offer physical or documentary evidence, to make closing arguments, and to present relevant legal authority. Unless otherwise directed by the examiner, the county shall present its case first.

(5) All testimony shall be taken under oath. The personnel hearings examiner shall determine the admissibility and weight of all evidence offered at the hearing. The Rules of Evidence and Cross-Examination adopted by the Administrative Procedure Act, Ch. 34.05 RCW as currently codified in RCW 34.05.452 or hereafter amended shall apply to hearings before the personnel hearings examiner. (6) The personnel hearings examiner shall cause a tape recording or similar record to be made of all proceedings before the examiner which, together with all physical and documentary evidence admitted by the examiner, shall constitute the record of the hearing. (Ord. 97-089 § 5, Oct. 8, 1997, Eff date Oct. 19, 1997).

2.04.080 Decisions and Appeals.

(1) Within twenty days after a grievance hearing the personnel hearings examiner shall enter findings of fact and conclusions of law concerning the grievance, together with an order granting or denying the relief requested by the employee.

(2) The findings, conclusions, and order of the personnel hearings examiner are subject to appeal to the superior court only on the following grounds:

(a) that the personnel hearings examiner lacked or exceeded his jurisdiction;

(b) that a rule of procedure affecting the rights of the parties was violated to the prejudice of a party;

(d) that the factual determinations of the personnel hearings examiner were not supported by substantial evidence.

(3) Any appeal from the decision of the personnel hearings examiner must be served on the opposing party and filed in superior court within twenty (21) days of the final decision of the personnel hearings examiner. In the absence of a timely appeal, the decision of the personnel hearings examiner shall be final and binding on all parties. (Ord. 97-089 § 5, Oct. 8, 1997, Eff date Oct. 19, 1997).

Chapter 2.06 AGRICULTURAL ADVISORY BOARD

2.06.010 Agricultural Advisory Board Created.

An agricultural advisory board (board) is hereby created as an advisory body to the county council, planning commission, hearing examiner and county executive with duties and responsibilities as set forth in SCC 2.06.040. The board shall forward its advice and recommendations directly to the intended advisee, and copy said advice and recommendations directly to the county council, county executive, the department of planning and development services, and the department of finance. (Added Amended Ord. 91-122, Sept. 4, 1991; Amended Ord. 96-082, § 2, Dec. 9, 1996, Eff date Dec. 23, 1996; Amended Ord. 05-056, Oct. 19, 2005, Eff date Jan. 1, 2006; Ord. 06-090, November 20, 2006, Eff date Jan. 1, 2007).

2.06.020 Board Membership.

(1) The board shall consist of eleven members appointed by the council pursuant to chapter 2.03 SCC. Board members shall consist of: Positions 1, 2, 3, 4 & 5: One person engaged in each of the following industries: dairy, nursery, livestock, commodity crops, and agricultural direct marketing.

Position 6: One person representing the diking, drainage and flood control districts located in the Snohomish River basin.

Positions 7: One person representing the diking, drainage and flood control districts located in the Stillaguamish River basin.

Position 8: One person who resides in the county and is engaged in the equine industry.

Position 9: One person recommended by the Snohomish County Farm Bureau.

Position 10 & 11: One person each residing in the Stillaguamish and Snohomish River basins.

(2) Appointments of members shall be made by the county council from candidates nominated by the county executive, taking into consideration an intention to balance representation of the two major river basins. Nominations for such appointments shall be requested from the affected agricultural organizations and special purpose districts for the respective positions on the board.

(3) All members shall reside in Snohomish County and be engaged in commercial agricultural activities within the county. A representative of the county executive shall act as an advisor and nonvoting member of the board.

(4) In the event the county executive is unable to find a candidate meeting the qualifications of subsection (1) for a specific position, the executive may nominate a candidate whose appointment is otherwise consistent with the intent of this section. Any such nomination shall be accompanied by a written explanation. (Added Amended Ord. 91-122, Sept. 4, 1991; Amended by Amended Ord. 92-019, March 25, 1992; Ord. 95- 004, § 8, Feb. 15, 1995, Eff date Feb. 27, 1995; Amended Ord. 96-082, § 3, Dec. 9, 1996; Eff date Dec. 23, 1996; Ord. 02-041, Sept. 18, 2002, Eff date Sept. 29, 2002; Amended Ord. 05-056, Oct. 19, 2005, Eff date Jan. 1, 2006; Ord. 06-090, November 20, 2006, Eff date Jan. 1, 2007; Ord. 07-138, Dec. 5, 2007, Eff date Jan. 1, 2008).

2.06.030 Member Terms.

Terms shall be staggered on the following basis: even-numbered positions shall have an initial term of two years and regular terms of four years thereafter unless a member is appointed for a term of two years as provided in this section. All other positions shall have an initial term of four years and regular terms of four years thereafter unless a member is appointed for a term of two years as provided in this section. Notwithstanding SCC 2.03.050, the county executive may nominate and the council may appoint for an initial or regular term of two years so long as it would not result in the terms of more than nine positions terminating in the same calendar year. Terms shall be effective upon appointment by the council.. A member shall not serve more than three consecutive four-year terms, six consecutive two-year terms, or any combination of consecutive four-year and two-year terms totaling twelve years on the board. After a period of two years' absence from the board, a person may again be appointed to not more than three consecutive four-year terms, six consecutive two-year terms, or any combination of consecutive four-year and two year terms totaling twelve years. (Added Amended Ord. 91-122, Sept. 4, 1991; Amended Emerg Ord. 91-129, Sept. 11, 1991; Amended Ord. 96- 082, § 4, Dec. 9, 1996, Eff date Dec. 23, 1996; Amended Ord. 05-056, Oct. 19, 2005, Eff date Jan. 1, 2006).

2.06.035 Officers Officers of the board shall be a chair and vice-chair. Beginning in the month of January, 2006 and continuing annually thereafter during the month of January, the board shall conduct an election of officers. Newly elected officers assume office immediately upon election. (Added Amended Ord. 05-056, Oct. 19, 2005, Eff date Jan. 1, 2006)

2.06.040 Duties and Responsibilities of the Board.

(1) The board shall serve in an advisory role on the following matters:

(a) Snohomish County comprehensive plan, including, but not limited to, the general policy plan and urban growth area, rural and resource plan components, and agricultural issues;

(b) Regulations which implement the Snohomish County comprehensive plan, or in any way affect agricultural issues; (c) Other matters of agricultural policy which from time to time may be referred by the council or executive, or as may be raised by the board. (2) Early participation in the legislative process by the board regarding matters within its purview is appropriate and expected. (Added Amended Ord. 91-122, Sept. 4, 1991; Amended Ord. 96-082, § 5, Dec. 9, 1996, Eff date Dec. 23, 1996; Amended Ord. 05-056, Oct. 19, 2005, Eff date Jan. 1, 2006).

2.06.050 Operating by-laws.

The board shall develop and may from time to time revise operating by-laws acceptable to the county council and county executive; PROVIDED, that such by-laws shall not be in conflict with state or county law. The bylaws shall at a minimum address matters such as required attendance at meetings, selection of a chair and vice- chair, scheduling of meetings, quorum requirements and decision making procedures. The board shall generally meet on a monthly basis, with the chair having the authority to cancel if no meeting is necessary. (Added Amended Ord. 91-122, Sept. 4, 1991; Amended Ord. 96-082, § 5, Dec. 9, 1996, Eff date Dec. 23, 1996; Amended Ord. 05-056, Oct. 19, 2005, Eff date Jan. 1, 2006).

2.06.070 Joint Meetings with Council.

At least once each year the council will meet jointly with the board to discuss agricultural policy issues and the function of the board. (Added Amended Ord. 91-122, Sept. 4, 1991).

2.06.140 Severability.

Chapter 2.08 PLANNING DEPARTMENT AND PLANNING COMMISSION 2.08.005 Planning Commission Created.

The Snohomish county planning commission is hereby created and shall be referred to in this chapter as the commission. The commission is created pursuant to charter sections 2.20 and 11.30 and shall serve as an advisory body to the council and executive. The commission shall perform the functions of a planning commission under chapter 36.70 RCW with regard to the preparation of any comprehensive plans and official controls and amendments thereto which are adopted by the county under the authority of chapter 36.70 RCW. The commission shall also perform such other and additional duties as the council shall, from time to time, direct by ordinance. (Added Amended Ord. 93-034, April 28, 1993)

2.08.010 Commission Review of Growth Management Act (GMA) Plans and Implementing Regulations.

The commission shall conduct proceedings for plans and implementing regulations adopted under the Growth Management Act, Chapter 36.70A RCW, and pursuant to chapter 30.73 SCC. (Ord. 94-036 § 1, April 6, 1994; Ord. 02-098, Dec. 9, 2002, Eff date Feb. 1, 2003).

2.08.015 Composition of Commission.

The commission shall consist of 11 members appointed by the council from nominees proposed by the council and executive pursuant to their concurrent authority to make such nominations pursuant to charter section 2.20. Appointments shall be made in accordance with SCC 2.08.080. (Added Amended Ord. 93-034, April 28, 1993).

2.08.030 Commission's Hearings.

The commission shall conduct such hearings as are required of a planning commission by chapter 36.70 RCW and such other hearings as are required by this code and shall make findings of fact and conclusions therefrom which shall be transmitted to the department of department of planning and development services. The department shall transmit the same on to the council with such comments and recommendations it deems necessary. (§ 3 of Res. adopted June 18, 1962; § 6 of Res. adopted September 15, 1978; Amended by Amended Ord. 93- 034, April 28, 1993; Ord. 95-004, § 9, Feb. 15, 1995, Eff date Feb. 27, 1995).

2.08.050 Administrative Responsibility.

The director of planning and development services shall be responsible for providing secretarial and technical assistance to the commission. (§ 5 of Res. adopted June 18, 1962; Amended by Amended Ord. 93-034, April 28, 1993; Ord. 95-004, § 10, Feb. 15, 1995, Eff date Feb. 27, 1995).

2.08.060 Financing.

The commission shall incur no financial obligations nor authorize any financial expenditures except for such purposes as are expressly authorized in advance by the county council in such a manner as the law provides. Appropriations for the operation of the commission shall be separately identified, but the office accounting or other office records of finances shall be kept by the department of planning and development services. (§ 6 of Res. adopted June 18, 1962; Amended by Amended Ord. 93-034, April 28, 1993; Ord. 95-004, § 11, Feb. 15, 1995, Eff date Feb. 27, 1995).

2.08.070 Adoption of Rules.

The commission shall adopt its own rules and regulations governing the conducting of its internal affairs; PROVIDED, That such rules and regulations shall not be in conflict with state or county law. (§ 7 of Res. adopted June 18, 1962; Amended by Amended Ord. 93-034, April 28, 1993).

2.08.075 Initial Appointments.

(1) Initial appointments to the commission shall include all members of the county planning commission organized pursuant to prior law who are serving on the effective date of this section and shall include such additional persons selected in accordance with SCC 2.08.080 as are necessary to complete a full 11 member commission. Initial appointments shall be to staggered terms as follows, PROVIDED: The terms of members appointed from the prior planning commission shall not be shorter than the remaining terms of such members as planning commissioners under prior law:

(a) three members for a term of four years;

(b) three members for a term of three years;

(d) two members for a term of one year.

(2) Appointments to terms subsequent to the initial terms set forth above shall be made in accordance with SCC 2.08.080. (Added by Amended Ord. 93-034, April 28, 1993).

2.08.080 Appointment to the Commission.

(1) Vacancies among the 11 members of the commission which hereafter occur shall be filled by the council, with individuals nominated pursuant to the concurrent nomination authority of the council and county executive. Except for one at-large position, each vacancy shall be filled by a resident of the council district in which the vacating member resided at the time of his or her appointment so that each district is represented by at least two members of the commission. Council nominations for other than the at-large position may be made by the council member who represents the district for which the appointment is made, and not by any other council member. Nominations for the at-large position may be made by the county executive and any council member. Council members and the executive shall endeavor to nominate individuals who have one or more of the following attributes:

(a) Architectural background;

(b) Legal background;

(e) Financial or related background;

(f) Real estate or related background;

(g) Environmental or related background;

(h) Construction or related background;

(i) Fisheries or related background;

(j) Engineering or related background;

(k) Appraisal or related background;

(l) Land use planning or related background;

(m) Education or related background; and

(n) Other job knowledge or interests that will add balance to the commission. A person need not be actively engaged in activities related to these attributes at the time of nomination.

(2) The council shall hold a hearing to consider the nomination(s) for each vacancy prior to appointing a nominee to the commission. After such hearing the council may fill the vacancy if it determines in its discretion that the appointment is consistent with the guidelines set out in subsection (3) of this section, and makes written findings that the following requirements for appointment to the commission are satisfied:

(a) The nominee must be a legal resident of Snohomish County and, except for the at-large position, of the council district for which he or she was nominated;

(b) The nominee must not be a Snohomish county employee except when serving as a temporary appointee pursuant to SCC.3A.08.050(2); and

(3) It is desirable that the nominee (a) have knowledge of land use theories and growth management legislation, (b) have a minimal potential for conflict of interest, (c) have a demonstrated interest in the welfare of Snohomish county, and (d) add balance to county wide representation on the commission.

(4) If the council is unable to find that the requirements set out in subsection (2) of this section are satisfied, or determines in its discretion that making the appointment would be inconsistent with the guidelines set forth in subsection (3) of this section, the nomination or nominations shall be returned to the original nominating authority for submission of a new nomination.

(5) No individual member of the commission shall serve more than two complete consecutive terms. (6) (a) Any commissioner who has more than four unexcused absences in any calendar year or whose legal residence is removed from Snohomish county shall have his or her position declared vacant by the commission. The commission shall promptly notify the council and executive of a vacancy declared by the commission under this subsection. (b) The council may declare a vacancy in any position held by a commissioner whose legal residence is removed from the council district for which he or she was appointed, but not from Snohomish County. If the council declares a vacancy, that commissioner may continue to serve until the vacancy is filled pursuant to subsections (1) through (4) above, or until that commissioner’s term expires, whichever occurs first. (§ 8 of Res. adopted June 18, 1962; Ord. 82-008, § 1, adopted March 5, 1982; Amended by Amended Ord. 93- 034, April 28, 1993; Amended Ord. 97-069, § 1, August 6, 1997, Eff date August 17, 1997; amended by Ord. 09-108 October 21, 2009, Eff date retroactive to June 1, 2009).

2.08.090 Commissioner's Terms.

The terms of office for members of the commission shall be for four years. (§ 9 of Res. adopted June 18, 1962; Amended by Amended Ord. 93-034, April 28, 1993).

2.08.100 Vacancies.

Vacancies resulting from the expiration of terms of office shall be filled by appointments for a term of four years. Vacancies occurring for any reason other than the expiration of a term of office shall be by appointment for the unexpired term of the office being filled. (§ 10 of Res. adopted June 18, 1962; Amended by Amended Ord. 93-034, April 28, 1993).

2.08.110 Organization of Commission.

At its first meeting each calendar year, the commission shall organize by electing a chairman and vice chairman to serve for a period of one year. The commission may appoint standing or special committees to each of which it may assign specific responsibilities and authority; PROVIDED, Only that each committee shall make no recommendations except to the commission. (§ 11 of Res. adopted June 18, 1962; Amended by Amended Ord. 93-034, April 28, 1993).

2.08.120 Quorum of Commissioners -- Meetings.

Six members of the commission shall constitute a quorum. All action of the commission shall be determined by a majority vote of the commission membership at a meeting at which a quorum is present.

The commission shall hold not less than one regular meeting in each month; PROVIDED, That if no matters over which the commission has jurisdiction are pending upon its calendar, a meeting may be cancelled. (§ 12 of Res. adopted June 18, 1962; Amended by Amended Ord. 93-034, April 28, 1993).

Chapter 2.09 OFFICE OF PUBLIC DEFENSE

2.09.010 Creation and Purpose.

There is hereby created as an executive department of Snohomish county government an office of public defense. The office shall be responsible for administration of an assigned counsel program to provide indigent criminal defense services in those criminal cases in which a jail sentence is a potential sanction. The office shall also be responsible for administration of a system for providing the court with information pertaining to the setting of bail and release of offenders pending trial.

(Added Ord 00-072, § 1, November 13, 2000, Eff date Jan. 1, 2001; Ord. 02-058, November 20, 2002, Eff date December 13, 2002).

2.09.020 Definitions.

The following definitions shall apply to terms used in this chapter:

(1) “Office” means the Snohomish county office of public defense.

(2) “Attorney administrator” means the attorney administrator of the Snohomish county office of public defense.

(3) “Indigent” has the same meaning as that term is defined in Chapter 10.101 RCW as now or hereafter amended.

(4) “Exempt personnel system” means the conditions of employment under the provisions of chapter 3.68 SCC and amendments thereto.

(5) “Pre-trial release” means the setting of bail and/or other conditions of release from custody pending hearing or trial.

(Added Ord. 00-072, § 1, Nov. 13, 2000, Eff date Jan. 1, 2001; Ord. 02-058, November 20, 2002, Eff date Dec. 13, 2002).

2.09.030 Authority and Functions.

The office shall have the authority to administer the county’s indigent criminal defense program, including contracts for legal services with outside counsel. Upon designation by the court, the office shall also have authority to make determinations of indigency and provide pre-trial release information in a form requested by the court.

(Added Ord. 00-072, § 1, November 13, 2000, Eff date Jan. 1, 2001).

2.09.040 Indigent Criminal Defense.

The office shall administer the county’s indigent defense program. In those cases in which a criminal defendant in a Snohomish County court is indigent and has a right to counsel, the office shall provide counsel for the defense. The office shall administer all contracts with private attorneys for the provision of indigent defense services in the district and superior courts, and shall make assignments of counsel who have signed contracts with the office on the basis of experience and qualifications.

(Added Ord. 00-072, § 1, November 13, 2000, Eff date Jan. 1, 2001; Ord. 02-058, Nov. 20, 2002, Eff date December 13, 2002).

2.09.050 Determination of Indigency. Upon designation by the court, the office shall make determinations of indigency for all persons wishing the appointment of counsel in cases in which the right to counsel attaches. The office shall make determinations of indigency in accordance with policies and procedures approved by the district or superior court, as applicable, and in accordance with the provisions of Ch.10.101 RCW as now or hereafter amended.

(Added Ord. 00-072, § 1, November 13, 2000, Eff date Jan. 1, 2001; Ord. 02-058, November 20, 2002, Eff date December 13, 2002).

2.09.051 Screening fee imposed.

(1) Each person who is screened for indigency for appointment of counsel at public expense shall be assessed a screening fee of ten dollars. (2) The screening fee shall be paid immediately from any money possessed by that person at time of screening. (3) If the person screened has no funds at the time of screening, the office of public defense may notify the court in the county or city where the charges related to the screening are pending and may request that the court assess the fee. (4) No person will be denied counsel for inability to pay the screening fee. (5) Unless a person paying a screening fee is charged on other criminal matters for which counsel at public expense has been requested, if the person is not charged, is acquitted, or if all charges are dismissed, the office of public defense shall return the fee to the person at the last known address listed in office of public defense records. (Added Ord. 04-110, Nov. 22, 2004, Eff date December 17, 2004)

2.09.060 Pre-Trial Release.

The office shall also have authority, upon request by the court, to verify to the court personal information provided by or on behalf of in-custody criminal defendants as a basis for pre-trial release. The office shall not guarantee the accuracy of any pre-trial release information provided but shall act in conformity with the approved policies and procedures of the applicable court in obtaining verification acceptable to the court.

(Added Ord. 00-072, § 1, November 13, 2000, Eff date Jan. 1, 2001; Ord 02-058, November 20, 2002, Eff date December 13, 2002).

2.09.070 Attorney Administrator.

The attorney administrator shall be appointed by the executive upon consultation with the presiding judges of the district and superior courts. The attorney administrator shall serve at the pleasure of the executive and shall be subject to the county exempt personnel system.

The attorney administrator must be a member in good standing of the Washington State Bar Association. The attorney administrator must perform all attorney functions authorized by this chapter in accordance with the Rules of Professional Responsibility pertaining to attorneys licensed to practice law in the state of Washington, and in accordance with all applicable court rules.

The attorney administrator of the office shall have administrative responsibility for the office services provided herein. The attorney administrator shall not participate in individual determinations of indigency or pre-trial release but shall have oversight responsibility for the setting of policies and procedures applicable to determinations of indigency and pre-trial release, which policies and procedures shall be approved by the applicable courts. The attorney administrator shall also have the authority to represent individual indigent criminal defendants and to appear as attorney for indigent criminal defendants at first appearance/ bail calendars, arraignments, expedited felony hearings, initial civil commitments proceedings, and fugitive hearings. In the event of a legal conflict, the attorney administrator shall have the authority to appoint separate counsel.

(Added Ord. 00-072, § 1, November 13, 2000, Eff date Jan. 1, 2001; Ord. 02-058, November 20, 2002, Eff date December 13, 2002).

2.09.080 Standards for Public Defense.

As standards for public defense services, Snohomish County adopts by reference the standards applied to private attorneys defending paying clients and the Standards for Public Defense Services adopted in 1989 by the Washington Defender Association and approved by the Washington State Bar Association as the standards for public defense services in Snohomish County, as required by RCW 10.101.030.

(Added Ord. 00-072, § 1, November 13, 2000, Eff date Jan. 1, 2001; Ord. 02-058, November 20, 2002, Eff date December 13, 2002).

Chapter 2.10 COUNTY EXECUTIVE OFFICIALS

2.10.010 Executive functions.

The following functions of government not otherwise provided for in the charter are deemed executive functions and shall be performed by the county executive:

(1) Approval of all bonds and assignments of account running to or for the benefit of the county, including but not limited to: officials and employees bonds; cash bonds, bonds issued by a surety company, or assignments of account given to assure performance or maintenance; cash bonds, bonds issued by a surety company, or assignments of accounts to assure performance of conditions incidental to land use activities or to any other license or permit issued by the county; but not including any bond required in any civil or criminal court proceeding;

(2) Approval of amendments, change orders, and orders for extra work on contracts subject to bidding as provided in SCC 3.04.140;

(3) Determination that the performance or other consideration to be delivered to the county under the terms of any contract has been performed or delivered; and to accept such performance or other consideration on behalf of the county. The county executive shall keep the county council advised of developments which will unreasonably delay completion of any contract or unreasonably increase the costs thereof;

(4) Approval of all insurance policies and certificates of insurance;

(5) Approval of payrolls of county officials and employees;

(6) Approval of and signing of all licenses to occupy or use Evergreen State Fairgrounds property as provided in SCC 2.32.150; PROVIDED, That the county executive shall submit an annual report to the county council not later than February 15th of each year, showing the contracts, parties, duration, amendments, licenses, permits and special services contracts; (7) Upon receipt of any claim against the county, or any pleading in connection therewith, the county executive shall immediately forward copies thereof to the prosecuting attorney and the county department involved;

(8) Approval of the bringing of or joining in civil lawsuits seeking damages or injunctive relief in behalf of the county. The county council may also approve the bringing of or joining the county in any lawsuit in behalf of the county;

(9) Approval of budget transfers as provided in chapter 4.26 SCC as it now exists or is hereafter amended;

(10) Approval of escrow agreements on retained percentages as provided in RCW 60.28.010;

(11) Approval of all permits and licenses affecting any property under the jurisdiction of the department of parks and recreation, including deeds of right to use land for public recreation purposes and hazardous substances certifications required for property acquired with funds granted by the recreation and conservation office, and declarations and other documents imposing protective covenants, conditions, and other restrictions on property acquired with funds granted by the state conservation futures program; PROVIDED, That the county executive shall submit an annual report to the county council not later than February 15th of each year, showing the contracts, parties, duration, amendments, licenses, permits and special services contracts;

(12) Approval of all agreements with any cities or towns of Snohomish county of the county jail or district court filing fees; PROVIDED, That the county council by resolution has previously established the rates to be charged and other terms of such agreements and has approved the forms of contracts to be utilized. The county executive shall submit to the county council an annual report not later than February 15th of each year showing rates and effective dates of such contracts approved by the county executive. Not later than December 1st of each year, the county executive shall submit to the county council the forms of contracts to be used on such agreements for the following year. Rates and terms to be used in such contracts shall be reviewed not less than once a year by the county council;

(13) Approval and acceptance of all contracts with landowners and/or developers required by or as a condition of any comprehensive plan amendment, rezone, variance, conditional use permit, plat or replat or any other land use control, final approval thereof which has been given by the county council or the hearing examiner; PROVIDED, That all such contracts shall be approved by the hearing examiner prior to approval by the county executive; and the county executive shall submit to the county council an annual report, due not later than February 15th of each year, showing the names of parties and the general purposes of such contracts as have been approved by the executive;

(14) Approval of all licenses to occupy, use or access the Snohomish County Airport and all airport leases; PROVIDED, That in accordance with SCC 15.04.040, the county executive may recommend individual licenses or leases for approval by the council, and shall recommend in such detail as the council may require proposed rates, terms and forms of leases to be approved by the executive in which event the county council by motion will establish the rates to be charged and other terms of any such lease and approve the form of lease utilized which rates, terms and form may be changed from time to time by the county council; and PROVIDED, FURTHER, That the county executive shall submit an annual report to the county council, not later than February 15th of each year, showing the names of parties, rents, reserve, areas rented, and time period of each such lease and license. Any lease or license executed pursuant to this section shall be deemed to be with the approval of the county council as required by chapter 15.04 SCC;

(15) Approval of contracts and contract amendments relating to the department of human services as provided in subsections (26), (27) and (30) of this section or SCC 2.400.065; (16) Approval of contracts with the cities, towns, or other municipal subdivisions for the purchase of gasoline, diesel oil or other petroleum products, and contracts for street or road maintenance with counties, cities, or towns; PROVIDED, That the county council has approved the schedule of charges to be made for various items of maintenance and the forms of contract to be used. The county executive shall submit an annual report to the county council, not later than February 15th of each year, showing the parties' services and charges on such contracts;

(17) Approval of applications and contracts for grants in aid and for any projects previously approved in the annual or six year road program with the Washington State Department of Transportation or in the department of public works surface water management annual construction program or six year capital improvement program; PROVIDED, That the county executive shall submit to the county council an annual report, not later than February 15th of each year summarizing such applications and contracts;

(18) Approving and signing public disclosure reports for lobbying activities by county officials and employees as required by chapter 42.17 RCW;

(19) Approve haul route agreements with other public agencies or contractors with public agencies permitting use of designated county roads, or sections thereof for detour routes or moving of heavy equipment or materials necessitated by the performance of a public works contract; PROVIDED, That the county executive shall submit an annual report to the county council not later than February 15th of each year, showing the contracts, parties, duration, amendments, licenses, permits and special service contracts;

(20) Approval of vouchers for payment of all claims presented against the county by persons furnishing goods or materials, rendering services or performing labor, or for any other contractual purpose as well as employee reimbursement claims for allowable expenses. Prior to approval by the county executive, all claims shall be certified for payment by the county auditing officer;

(21) Approval of agreements between the state and county for the purpose of participating in state work experience programs;

(22) Approval of waste reduction and recycling grant contracts; PROVIDED, That the county executive shall submit an annual report to the county council not later than February 15th of each year, showing the contracts, parties, duration, amendments, licenses, permits and special service contracts;

(23) Approval of contracts and contract amendments implementing programs or projects administered by the superior court, including the juvenile court division of the superior court; PROVIDED, The county council has approved necessary contracts with state, federal, or other sources of funds, if any funds from such sources are used, and the county council has appropriated funds for such programs or projects; and PROVIDED FURTHER, That the county executive shall submit to the county council an annual report, not later than February 15th of each year, showing the parties, contract amount, and purpose of each contract and contract amendment approved and signed by the county executive under this section;

(24) Approval of contracts and contract amendments implementing programs or projects administered by the department of planning and development services; PROVIDED, The county council has approved necessary contracts with state, federal, or other sources of funds, if any funds from such sources are used, and the county council has appropriated funds for such programs or projects; and PROVIDED FURTHER, That the division shall submit to the county council an annual report, not later than February 15th of each year, showing the parties, contract amount, and purpose of each contract and contract amendment approved and signed by the county executive;

(25) Approval and submission of all applications for grants on behalf of the county unless the granting agency requires approval of such applications by the county council; (26) Approval of contracts and, except when the county council by motion or ordinance has restricted executive authority to approve amendments for specific contracts, contract amendments on behalf of the county for funds, property or services contributed to the county by grants, entitlements and shared revenue of every kind and nature; which do not obligate the county monetarily and implement programs, projects, or functions that the county council has specifically authorized by motion or ordinance; PROVIDED, That the county executive shall submit an annual report to the county council not later than February 15th of each year, showing the parties, contract amount, and purpose of each contract approved and signed by the county executive under this section;

(27) Approval of contracts and, except when the county council by motion or ordinance has restricted executive authority to approve amendments for specific contracts, contract amendments on behalf of the county for funds, property or services contributed to the county by grants that require match funds of up to $50,000 which implement programs, projects, or functions that the county council has specifically authorized by motion or ordinance; PROVIDED, That the county executive shall submit an annual report to the county council not later than February 15th of each year, showing the parties, contract amount, and purpose of each contract approved and signed by the county executive under this section.*

(28) Approval of purchase and other contracts on behalf of the county that are recommended by the Snohomish county arts commission pursuant to chapter 2.95 SCC, including but not limited to contracts limiting the use of contributions to the arts fund and contracts providing for the purchase or use of works of art, provided that such contracts comply with SCC 3.04.140 concerning award and execution of contracts;

(29) Approval of plans, and amendments thereto, prepared under provisions of the Local Agency Guidelines adopted by the state department of transportation to assure compliance with Title VI of the Civil Rights Act of 1964 in county transportation program projects that are funded by the federal highway administration. The county executive shall serve as the county's administrator under such plans;

(30) Approval of grant documents (including but not limited to applications, certifications, contracts, and subsequent amendments) on behalf of the county for funds contributed to the county by grants that are included in a grant work plan approved by the county council by motion in accordance with SCC 4.26.025; PROVIDED, That this section does not authorize the county executive to approve those grant documents which a prior contract or interlocal agreement requires must be approved by the county council; PROVIDED FURTHER That the county executive shall submit an annual report to the county council not later than February 15th of each year, showing the parties, grant amount, and the purpose of each grant contract approved and executed by the county executive under this subsection.

(Added Ord. 80-032, July 14, 1980; Ord. 80-097, Nov. 10, 1980; Ord. 81-017, Mar. 11, 1981; Ord. 81-086, Sept. 2, 1981; Ord. 82-048, July 7, 1982; Ord. 82-098, Oct. 4, 1982; Ord. 84-147, Nov. 30, 1984; Ord. 88-011, Mar. 30, 1988; Amended Ord. 89-029, § 1, May 17, 1989; Amended Ord. 89-060, July 12, 1989; Amended Ord. 90-214, January 16, 1991; Amended Ord. 91-047, April 24, 1991; Amended Ord. 92-001, January 29, 1992; Amended Ord. 92-065, July 8, 1992; Amended Ord. 92-067, July 8, 1992; Amended Ord. 92-076, July 22, 1992; Amended Ord. 92-087, Aug 19, 1992; Amended Ord. 92-132, § 1, Nov. 18, 1992; Amended Ord. 93-122, Dec. 1, 1993, Eff date Dec. 11, 1993; Ord. 95-004, § 12, Feb. 15, 1995, Eff date Feb. 27, 1995; Amended Ord. 97-094, § 1, Oct. 22, 1997, Eff date Nov. 3, 1997; Amended Ord 00-026, June 7, 2000, Eff date June 17, 2000; Amended Ord. 04-063, July 28, 2004, Eff date Aug. 9, 2004; Amended Ord. 05-107, November 21, 2005, Eff date July 1, 2006; Ord. 07-011, Feb. 28, 2007, Eff date March 12, 2007; Emergency Ord. 07-033, April 18, 2007, Eff date April 18, 2007; Ord. 07-036, May 21, 2007, Eff date June 15, 2007; Amended by Ord. 08-056, April 30, 2008, Eff date May 24, 2008; Amended by Amended Ord. 08-065, June 4, 2008, Eff date June 16, 2008;Amended by Amended Ord. 09-008, Feb. 25, 2009, Eff date March 15, 2009; Amended by Ord. 10-113, Dec. 15, 2010, Eff date Dec. 27, 2010; Amended by Ord. 11-047, July 27, 2011, Eff date August 7, 2011).

2.10.020 Assessor functions. Except as otherwise delegated or restricted by ordinance, the county assessor shall have all the powers, authorities and duties granted to and imposed upon an assessor by state law. (Added Ord. 01-031, May 9, 2001, Eff date May 20, 2001).

2.10.030 Sheriff functions.

Except as otherwise delegated or restricted by ordinance, the county sheriff shall have all the powers, authorities and duties granted to and imposed upon a sheriff by state law. (Added Ord. 01-031, May 9, 2001, Eff date May 20, 2001).

2.10.035 Sheriff's fees established.

As authorized by RCW 36.18.040(3), the sheriff shall collect the following fees for official services: (1) For service of each summons and complaint, notice and complaint, summons and petition, and notice of small claim on one defendant at any location, thirty dollars, and on two or more defendants at the same residence, forty dollars, besides mileage; (2) For making a return, besides mileage actually traveled, twenty-three dollars; (3) For levying each writ of attachment or writ of execution upon real or personal property, besides mileage, sixty-seven dollars per hour; (4) For filing a copy of a writ of attachment or writ of execution with auditor, twenty dollars plus auditor's filing fee; (5) For serving a writ of possession or restitution without aid of the county, besides mileage, forty-six dollars; (6) For serving a writ of possession or restitution with aid of the county, besides mileage, eighty-seven dollars plus sixty-seven dollars for each hour after one hour; (7) For serving an arrest warrant in any action or proceeding, besides mileage, sixty-seven dollars; (8) For executing any other writ or process in a civil action or proceeding, besides mileage, sixty-seven dollars per hour; (9) For each mile actually and necessarily traveled in going to or returning from any place of service, or attempted service, fifty cents per mile with a ten dollar minimum mileage charge; (10) For making a deed to lands sold upon execution or order of sale or other decree of court, to be paid by the purchaser, sixty-seven dollars; (11) For making copies of papers when sufficient copies are not furnished, two dollars for first page and one dollar per each additional page; (12) For the service of any other document and supporting papers for which no other fee is provided for herein, forty-six dollars; (13) For posting a notice of sale, or postponement, fifteen dollars besides mileage; (14) For certificate or bill of sale of property, or certificate of redemption, sixty-seven dollars; (15) For conducting a sale of property, sixty-seven dollars per hour spent at a sheriff's sale; (16) For notarizing documents, seven dollars and fifty cents for each document; (17) For fingerprinting for non-criminal purposes, ten dollars for each person for up to two sets, three dollars for each additional set; (18) For mailing required by statute, whether regular, certified, or registered, the actual cost of postage; (19) For an internal criminal history records check, ten dollars; (20) For the reproduction of audio, visual, or photographic material, to include magnetic microfilming, the actual cost including personnel time. (Added Ord.04-112, November 22, 2004, Eff date Jan. 1, 2005)

2.10.040 Clerk functions. Except as otherwise delegated or restricted by ordinance, the county clerk shall have all the powers, authorities and duties granted to and imposed upon a county clerk by state law. (Added Ord. 01-031, May 9, 2001, Eff date May 20, 2001).

Chapter 2.12 DISTRICT COURT

*Code reviser's note: Former chapter 2.12, Justice Court, was renamed by Ordinance 97-097, § 2, Dec. 10, 1997, Eff. date Jan. 10, 1999.

2.12.015 District Court District Established.

(1) There is hereby established a single district court in Snohomish County, to be known as the Snohomish county district court, The boundaries of the district court district shall be the boundaries of the county, except that the district shall not include any portion of the county that is within the joint district court district described in SCC 2.12.055.

(2) The district court district shall be divided into four electoral districts for the purpose of electing district court judges by subcounty local districts as provided in RCW 3.38.070. District court judges having the qualifications set out in RCW 3.34.060 shall be elected pursuant to RCW 3.34.050 by registered voters of the electoral districts for which they file declarations of candidacy. The boundaries of the electoral districts are described in SCC 2.12.020, 2.12.030, 2.12.040 and 2.12.050. (Added Ord. 97-097, § 3, Dec. 10, 1997, Eff date Jan. 10, 1999).

2.12.020 Cascade electoral district boundaries.

The electoral district in north Snohomish county, known as "Cascade Electoral District," shall include all the land lying within the following voting precincts. A complete legal description of the precinct boundaries is on file with the county auditor.

Arlington 1 Loma

Arlington 2 Loop

Arlington 3 Louck

Arlington 4 Marshall

Arlington 5 McDonald

Arlington 6 McRea

Arlington 7 Millard

Arlington 8 Norden

Armstrong Nydin

Arnot Oso Blueberry Otter

Bosworth Outlook

Boulder Packwood

Brandi Pilot

Brookwood Pony

Bryant Port Susan

Burn Hill Portage

Cassidy Porter

Cedarhome Railroad

Cliff Robe

Darrington 1 Roncrest

Darrington 2 Rowland

Drycreek Sandman

Edgecomb Sauk

Estates Scenic

Firtree Shoecraft

Florence Shoultes

Freeborn Silvana

Garden Sisco

Getchell Sleepy Hollow

Granite Falls 1 Smokey Point

Granite Falls 2 Stanby

Green Stanwood 1

Gregory Stanwood 2

Happy Valley Stanwood 3

Hazel Stillaguamish Heights Straus

Huckleberry Thompson

Jim Creek Timber

Jordan Trails Trafton

Kackman Trangen

Kruse Tronson

Lake Goodwin Twin Lakes

Lake Howard Village

Lakewood Waters

Levin Wenberg

Lochsloy Willow (Ord. 82-042 § 4, adopted June 29, 1982; Amended Ord. 86-050, § 7, June 11, 1986; Amended Ord. 88-029, § 7, April 20, 1988; Amended Ord. 88-067, § 8, July 27, 1988; Amended Ord. 89-041, § 7, May 24, 1989; Amended Ord. 91-091, July 10, 1991; Amended Ord. 93-047, June 30, 1993; Amended Ord. 94-063, § 1, July 20, 1994; Amended Ord. 97-097, § 4, Dec. 10, 1997, Eff date Jan. 10, 1999).

2.12.030 Evergreen electoral district boundaries.

(1) The electoral district in southeast Snohomish county, known as "Evergreen Electoral District," shall include all the land lying within the following voting precincts. A complete legal description of the precinct boundaries is on file with the county auditor.

Battery Newberg

Bear Creek Ohlde

Beaver Olney

Beecher Osborn

Bluff Owen

Bostian Panther Creek

Brocklin Paradise

Callow Park Place

Cathcart Peak Cavalero Pennant

Cavalry Peterson

Centennial Pierce

Chain Lake Pilchuck

Clearview Pipeline

Creek Pointe

Crest Pond

Davies Rainier

Dubuque Rees

East Everett Ricci

Echo Lake Ridgeway

Fairview River

Fern Riverview

Fir Robinhood

Fircrest Roosevelt

Foster Sexton

Frontier Shorts

Glenridge Skykomish

Glenwood Skyline

Gold Bar Snohomish 1

Greenwood Snohomish 2

Haines Snohomish 3

Hartford Snohomish 4

High Bridge Snohomish 5

High Rock Snohomish 6

Highland Snohomish 7 Hillcrest Snohomish 8

Hillside Snohomish 9

Index Snohomish 10

Iverson South Lake Stevens

Jewell South Snohomish

Kokanee Spada

Lake Stevens

Lake Stevens 1 Stitch

Lake Stevens 2 Storm Lake

Lake Stevens 3 Sultan 1

Lake Stevens 4 Sultan 2

Lake Stevens 5 Sultan 3

Lake Stevens 6 Sultan River

Lake Stevens 7 Summer

Lake Stevens 8 Swalwell

Lakeview Three Lakes

Larimer Totem Falls 1

Lost Lake Totem Falls 2

Ludwig Totem Falls 3

Lupine Trail

Machias Trombley

Maltby Tualco

Mann Turner

Marion Valley

Marks Valmont

Marsh Vernon May Creek View

Meadow Wagner

Menzel Wallace

Merwin Welch

Mill Wellington

Minor West Fork

Monroe 1 Wheeler

Monroe 2 Windsong

Monroe 3 Winter Lake

Monroe 4 Withers

Monroe 5 Woods Creek

Monroe 6 Wyatt Park

Monroe 7 (Ord. 82-042 § 4, adopted June 29, 1982; Amended Ord. 86-050, § 8, June 11, 1986; Amended Ord. 88-029, § 8, April 20, 1988; Amended Ord. 88-067, § 9, July 27, 1988; Amended Ord. 89-041, § 9, May 24, 1989; Amended Ord. 91-091, July 10, 1991; Amended Ord. 93-047, June 30, 1993; Amended Ord. 94-063, § 2, July 20, 1994; Amended Ord. 97-097, § 5, Dec. 10, 1997, Eff date Jan. 10, 1999).

2.12.040 Everett electoral district boundaries.

The electoral district in western Snohomish county, known as "Everett Electoral District," shall include all the land lying within the following voting precincts. A complete legal description of the precinct boundaries is on file with the county auditor.

Alma Everett 92

Bloom Everett 93

Bly Everett 94

Boeing Everett 95

Dakota Everett 96

Densmore Everett 97

Eastmont Everett 98 Ebey Everett 99

Everett 1 Fair

Everett 2 Fairmont

Everett 3 Firgrove

Everett 4 Hampton

Everett 5 Hat Island

Everett 6 Haven

Everett 7 Hilton's Lk.

Everett 8 Hiway

Everett 9 Howell

Everett 10 Intercity

Everett 11 Jordan

Everett 12 Lantern

Everett 13 Lind

Everett 14 Marysville 1

Everett 15 Marysville 2

Everett 16 Marysville 3

Everett 17 Marysville 4

Everett 18 Marysville 5

Everett 19 Marysville 6

Everett 20 Marysville 7

Everett 21 Marysville 8

Everett 22 Marysville 9

Everett 23 Marysville 10

Everett 24 Marysville 11

Everett 25 Marysville 12 Everett 26 Marysville 13

Everett 27 Marysville 14

Everett 28 Marysville 15

Everett 29 Marysville 16

Everett 30 Marysville 17

Everett 31 Marysville 18

Everett 32 Marysville 19

Everett 33 Marysville 20

Everett 34 Marysville 21

Everett 35 Marysville 22

Everett 36 Marysville 23

Everett 37 Marysville 24

Everett 38 Marysville 25

Everett 39 Marysville 26

Everett 40 Mukilteo 1

Everett 41 Mukilteo 2

Everett 42 Mukilteo 3

Everett 43 Mukilteo 4

Everett 44 Mukilteo 5

Everett 45 Mukilteo 6

Everett 46 Mukilteo 7

Everett 47 Mukilteo 8

Everett 48 Mukilteo 9

Everett 49 Mukilteo 10

Everett 50 Mukilteo 11

Everett 51 Mukilteo 12 Everett 52 Mukilteo 13

Everett 53 Mukilteo 14

Everett 54 Mukilteo 15

Everett 55 Mukilteo 16

Everett 56 Mukilteo 17

Everett 57 Mukilteo 18

Everett 58 Mukilteo 19

Everett 59 Mukilteo 20

Everett 60 Mukilteo 21

Everett 61 Mukilteo 22

Everett 62 Mukilteo 23

Everett 63 Mukilteo 24

Everett 64 Norm

Everett 65 Parkway

Everett 66 Pine

Everett 67 Priest Point

Everett 68 Quil

Everett 69 Rivercrest

Everett 70 Robin

Everett 71 Shelton

Everett 72 Sparlin

Everett 73 Stock Show

Everett 74 Sunnyside

Everett 75 Sunrise

Everett 76 Tower

Everett 77 Tulalip 1 Everett 78 Tulalip 2

Everett 79 Tulalip 3

Everett 80 Tulalip 4

Everett 81 Tulalip 5

Everett 82 Tulalip 6

Everett 83 Tyee

Everett 84 Ville

Everett 85 Warren

Everett 86 Welangdon

Everett 87 Westover

Everett 88 Whaleback

Everett 89 Woodridge

Everett 90

Everett 91 (Ord. 82-042 § 4, adopted June 29, 1982; Amended Ord. 86-050, § 9, June 11, 1986; Amended Ord. 88-029, § 9, April 20, 1988; Amended Ord. 88-067, § 10, July 27, 1988; Amended Ord. 89-041, § 10, May 24, 1989; Amended Ord. 91-091, July 10, 1991; Amended Ord. 93-047, June 30, 1993; Amended Ord. 94-063, § 3, July 20, 1994; Amended Ord. 97-097, § 6, Dec. 10, 1997, Eff date Jan. 10, 1999).

2.12.050 South electoral district boundaries.

The electoral district in southwest Snohomish county, known as "South Electoral District," shall include all the land lying within the following voting precincts, but shall exclude any land that is within the joint district court district described in SCC 2.12.055. A complete legal description of the precinct boundaries is on file with the county auditor.

Alder Lynnwood 20

Aldercrest Lynnwood 21

Alicia Lynnwood 22

Alpine Lynnwood 23

Ann Lynnwood 24

Ash Lynnwood 25 Atlas Lynnwood 26

Berkshire Lynnwood 27

Beverly Lynnwood 28

Brier 1 Lynnwood 29

Brier 2 Lynnwood 30

Brier 3 Lynnwood 31

Brier 4 Lynnwood 32

Brier 5 Lynnwood 33

Brier 6 Lynnwood 34

Brier 7 Lynnwood 35

Brier 8 Lynnwood 36

Brier 9 Lynnwood 37

Brook Madison

Cascade Magnolia

Cascadian Manor

Chapel Manordale

Clover Maple

Country Maplewood

Cove Mariner

Crystal Martha Lake

Cypress McCabe

Dale Meadowcrest

Damson Meadowdale

Dumas Meridian

East Shore Mill Creek 1

Edmonds 1 Mill Creek 2 Edmonds 2 Mill Creek 3

Edmonds 3 Mill Creek 5

Edmonds 4 Mill Creek 6

Edmonds 5 Mill Creek 7

Edmonds 6 Mill Creek 8

Edmonds 7 Mill Creek 9

Edmonds 8 Mill Creek 10

Edmonds 9 Mill Creek 11

Edmonds 10 Mill Creek 12

Edmonds 11 Mill Creek 13

Edmonds 12 Miller

Edmonds 13 Misty

Edmonds 14 Mountlake Terrace 1

Edmonds 15 Mountlake Terrace 2

Edmonds 16 Mountlake Terrace 3

Edmonds 17 Mountlake Terrace 4

Edmonds 18 Mountlake Terrace 5

Edmonds 19 Mountlake Terrace 6

Edmonds 20 Mountlake Terrace 7

Edmonds 21 Mountlake Terrace 8

Edmonds 22 Mountlake Terrace 9

Edmonds 23 Mountlake Terrace 10

Edmonds 24 Mountlake Terrace 11

Edmonds 25 Mountlake Terrace 12

Edmonds 26 Mountlake Terrace 13

Edmonds 27 Mountlake Terrace 14 Edmonds 28 Mountlake Terrace 15

Edmonds 29 Mountlake Terrace 16

Edmonds 30 Mountlake Terrace 17

Edmonds 31 Mountlake Terrace 18

Edmonds 32 Mountlake Terrace 19

Edmonds 33 Mountlake Terrace 20

Edmonds 34 Mountlake Terrace 21

Edmonds 35 Mountlake Terrace 22

Edmonds 36 Nile

Edmonds 37 Norma

Edmonds 38 North Creek

Edmonds 39 North Road

Edmonds 40 Oaks

Edmonds 41 Olympus

Edmonds 42 Pacific

Edmonds 43 Paine

Edmonds 44 Parkshore

Edmonds 45 Penny Creek

Edmonds 46 Perrin

Edmonds 47 Picnic Point

Elm Pinewood

Elwood Pioneer

Emander Pioneer Trails

Emerald Poplar

Evergreen Post

Fairwood Puget Fernwood Puget Park

Field Queens

Filbert Redhawk

Firdale Rhody Ridge

Forest Rob

Forshee Royal

Freeway Ruggs Lake

Gibson Samoea

Grannis Seattle Hill

Grove Serene

Hearthstone Shadow Wood

Heatherwood Shamrock

Hemlock Shelby

Hill Shore

Hillman Silver Firs 1

Hilltop Silver Firs 2

Hipoint Silver Firs 3

Holiday Silver Firs 4

Holly Silver Lake

Hunt South Alderwood

Interstate Spring

Jeff Stafford

Keeler Stickney

Kenmore Stone Gate

Kentish Summitt

Kenwood Sunset Larch Swamp Creek

Laura Terrace

Locust Thomas Lake

Lynnwood 1 Thrashers

Lynnwood 2 Vine

Lynnwood 3 Vista

Lynnwood 4 Walnut

Lynnwood 5 Watts

Lynnwood 6 Waxon

Lynnwood 7 Westbrook

Lynnwood 8 Wigen

Lynnwood 9 Willowdale

Lynnwood 10 Wingate

Lynnwood 11 Woodgate

Lynnwood 12 Woodland

Lynnwood 13 Woods Trail

Lynnwood 14 Woodway 1

Lynnwood 15 Woodway 2

Lynnwood 16 York

Lynnwood 17

Lynnwood 18

Lynnwood 19 (Ord. 82-042 § 4, adopted June 29, 1982; Amended Ord. 86-050, § 10, June 11, 1986; Amended Ord. 88-029, § 10, April 20, 1988; Amended Ord. 88-067, § 11, July 27, 1988; Amended Ord. 89-041, § 11, May 24, 1989; Amended Ord. 91-091, July 10, 1991; Amended Ord. 93-047, June 30, 1993; Amended Ord. 94-063, § 4, July 20, 1994; Amended Ord. 97-097, § 7, Dec. 10, 1997, Eff date Jan. 10, 1999).

2.12.055 Joint district court district. That portion of the joint district court district established by King county pursuant RCW 3.38.060 located within the boundaries of that portion of the city of Bothell located within the boundaries of Snohomish county shall be excluded form the district court district established by this chapter. (Added Ord. 93-047, June 30, 1993; Amended Ord. 97-097, § 8, Dec. 10, 1997, Eff date Jan. 10, 1999).

2.12.060 Adjustment of precinct boundaries following annexations.

In order to meet the requirement of RCW 3.38.050(4) that a district court district boundary not intersect the boundary of an election precinct, the county auditor shall temporarily adjust precinct boundaries as necessary when a city annexes county territory to the city in accordance with RCW 29.04.040(5). The auditor shall report such precinct boundary adjustments to the county council, prosecuting attorney, and district court presiding judge. (Added Ord. 89-041, § 12, May 24, 1989; Amended Ord. 97-097, § 9, Dec. 10, 1997, Eff date Jan. 10, 1999).

2.12.070 Number of judges.

(1) There shall be eight full-time judges elected in the district court district established by this chapter.

(2) The number of judges to be elected in each electoral district shall be as follows:

Cascade -- one full-time judge;

Evergreen -- two full-time judges;

Everett -- two full-time judges;

South -- three full-time judges. (Ord. 82-042 § 4, adopted June 29, 1982; Amended Ord. 86-050, § 11, June 11, 1986; Amended Ord. 88-029, § 11, April 20, 1988; Amended Ord. 88-067, § 12, July 27, 1988; Amended Ord. 89-041, § 13, May 24, 1989; Amended Ord. 97-097, § 10, Dec. 10, 1997, Eff date Jan. 10, 1999; Amended Ord. 98-024, § 1, May 6, 1998, Eff date January 10, 1999).

2.12.080 Location of offices and courtrooms.

The offices and courtrooms of the district court shall be located at the county courthouse in Everett, Washington; the county court facility in Arlington, Washington; the county court facility in Monroe, Washington; the county court facility in Lynnwood, Washington; and at such other locations as may be determined appropriate the presiding judge. (Added Ord. 97-097, § 11, Dec. 10, 1997, Eff date Jan. 10, 1999).

2.12.100 Authorization of Court Commissioners.

(1) The district court is authorized to appoint one or more district court commissioners, subject to appropriation of necessary funds pursuant to chapter 4.26 SCC. District court commissioners may be located in any electoral district as determined by the presiding judge. (2) A district court commissioner who is employed for twenty hours per week or more is eligible for employee benefits as described in chapter 3A.06 SCC, except that a district court commissioner shall accrue and use leave with pay, including sick leave, in the same manner as a district court judge. (Res. adopted May 18, 1970; § 5 of Res. adopted June 13, 1966; Amended Ord. 97-097, § 12, Dec. 10, 1997, Eff date Jan. 10, 1999; Amended Ord 01-071, Oct. 3, 2001, Eff date Jan. 1, 2002).

2.12.120 Salaries of municipal judges.

The county will not make payments to cities for the salaries of municipal judges. (Res. adopted May 18, 1970; § 7 of Res. adopted June 13, 1966; Amended Ord. 97-097, § 13, Dec. 10, 1997, Eff date Jan. 10, 1999).

2.12.125 Presiding judge.

The business of the district court shall be supervised by a presiding judge selected pursuant to Rule 5 of the Administrative Rules for Courts of Limited Jurisdiction (ARLJ). The duties of the presiding judge are set out in ARLJ 5(b). (Added Ord. 97-097, § 14, Dec. 10, 1997, Eff date Jan. 10, 1999).

2.12.135 Division of probation.

There is established within the district court a division of probation which shall be responsible for providing probation services to the district court. The division of probation shall be supervised by the presiding judge. (Added Ord. 97-097, § 15, Dec. 10, 1997, Eff date Jan. 10, 1999).

Chapter 2.13 LAW AND JUSTICE COUNCIL

2.13.010 Law and justice council established.

Pursuant to the requirements of RCW 72.09.300, the county council does hereby create a law and justice council which shall serve as an advisory body to the county council on issues relating to the law and justice system. (Ord. 94-039 § 1, April 27, 1994).

2.13.020 Membership.

The law and justice council shall consist of two members representing the municipal police departments within Snohomish county; four members representing the municipal legislative authorities within Snohomish county; two members representing the Snohomish county superior court, of which at least one shall represent the juvenile court; and one representative each from the following: the county council, the county executive, the county sheriff, the county director of corrections, the county prosecutor, the county district courts, the county clerk, the county risk manager, the county department of human services, the provider of county public defender services, the county office of public defense, the municipal courts within Snohomish county, the municipal prosecutors within Snohomish county, the state secretary of corrections, and the secretary of corrections' designees under RCW 72.09.300(1). The municipalities shall appoint their representatives acting through the Snohomish County Association of Cities and Towns and talking into consideration geographic and population differences and recommendations of the Snohomish County Sheriff and Police Chiefs Association, if any. The county elected officials and department heads shall appoint their representatives, except that the superior and district court representatives shall be appointed by the judges of those courts.. (Ord. 94-039, § 1, April 27, 1994; Amended Ord. 97-053, § 1, July 9, 1997; Eff date July 21, 1997; Amended by Amended Ord. 08-006, Feb. 27, 2008, Eff date March 13, 2008).

2.13.030 Law and justice plan. (Ord. 94-039, § 1, April 27, 1994; Amended Ord. 97-053, § 2, July 9, 1997, Eff date July 21, 1997; Repealed by Amended Ord. 08-006, Feb. 27, 2008, Eff date March 13, 2008).

2.13.040 Powers and duties of the law and justice council.

(1) The law and justice council shall have the following powers and duties:

(a) To address criminal justice issues as provided in RCW 72.09.300;

(b) To make recommendations and/or provide advice to the county council and/or other members of the law and justice council;

(c) To create subcommittees to evaluate or research particular areas related to criminal justice. These subcommittees may be of a temporary or on-going nature. Membership on the subcommittees shall not be restricted to members of the law and justice council, but a member of the law and justice council shall serve as liaison to the law and justice council and report back to it on a regular basis; and

(d) To serve as a focal point for information sharing by law and justice task forces and/or committees.

(2) The law and justice council shall establish an advisory committee on juvenile justice proportionality. The advisory committee shall have the composition and duties as set out in RCW 92.09.300(9).

(Ord. 94-039 § 1, April 27, 1994; Amended by Ord. 97-053, July 9, 1997, Eff date July 21, 1997; Amended by Amended Ord. 08-006, Feb. 27, 2008, Eff date March 13, 2008).

Chapter 2.14 SUPERIOR COURT COMMISSIONER

2.14.010 Creation of position.

(1) Pursuant to Washington Constitution, Article IV, Section 23, there is created within the superior court of Snohomish county three positions of court commissioner.

(2) Pursuant to RCW 26.12.050 and 71.05.135, there is created within the superior court of Snohomish county two positions of family court/mental health commissioner. (Ord. 81-006, adopted February 17, 1981; Amended Ord. 90-020, April 18, 1990; Ord. 95-007, § 1, March 1, 1995, Eff date March 13, 1995; Amended Ord. 98-090, § 1, Sept. 30, 1998, Eff date August 31, 1998; Ord. 05- 044, June 29, 2005, Eff date July 9, 2005).

2.14.020 Duties.

The duties of the court commissioners shall include such duties as are assigned by the superior court or otherwise provided by law. (Ord. 81-006, adopted February 17, 1981; Amended Ord. 90- 020, April 18, 1990; Amended Ord. 98-090, § 2, Sept. 30, 1998, Eff date August 31, 1998).

2.14.030 Establishment of salary - source priority.

The annual salary for the court commissioner positions provided for in this chapter shall be and continue to be in an amount equal to 90 percent of the annual salary for superior court judges for Snohomish county. (Ord. 81-006, adopted February 17, 1981; Amended Ord. 90-020, April 18, 1990; Amended Ord. 98-090, § 3, Sept. 30, 1998, Eff date Aug. 31. 1998).

Chapter 2.15 SHERIFF’S CORRECTIONS BUREAU

2.15.010 Corrections bureau.

A corrections bureau is hereby established in the office of the county sheriff. Supervision of the bureau is the responsibility of the county sheriff.

(Ord. 82-097 § 1, adopted September 22, 1982; Amended by Amended Ord. 08-137, Nov. 10, 2008, Eff date Jan. 1, 2009).

2.15.020 Bureau chief.

The chief of the corrections bureau shall be appointed by the sheriff.

(Ord. 82-097 § 1, adopted September 22, 1982;Amended by Amended Ord. 08-137, Nov. 10, 2008, Eff date Jan. 1, 2009).

2.15.030 Responsibilities.

The chief of the corrections bureau is in charge of all adult correctional institutions and programs of the county, and all persons confined therein or those subject to such programs. The chief will manage, operate and control such institutions and programs in compliance with all applicable laws, rules and regulations, including keeping of a jail register as required by RCW 70.48.100. The chief shall operate the facilities in compliance with the operating standards contained in Title 5, SCC.

(Ord. 82-097 § 1, adopted September 22, 1982; Amended Ord. 87-125, § 1, December 16, 1987; Amended Ord. 97-081, § 1, Sept. 10, 1997, Eff date Sept. 22, 1997; Amended by Amended Ord. 08-137, Nov. 10, 2008, Eff date Jan. 1, 2009). 2.15.034 Assigned counsel program.

In addition to the responsibilities of the corrections bureau set forth in SCC 2.15.030, the bureau shall administer an assigned counsel program and is hereby authorized and empowered to maintain a centrally administered system for the assignment of counsel to represent indigent defendants, to develop criteria for assignment of counsel, to administer programs, and to recommend entry into contracts with private nonprofit corporations offering public defender services.

(Ord. 97-081, § 2, Sept. 10, 1997, Eff date Sept. 22, 1997; Amended by Amended Ord. 08-137, Nov. 10, 2008, Eff date Jan. 1, 2009).

2.15.040 Organization.

Subject to the approval of the sheriff, provisions Title 3A SCC, and amendments, and budget and appropriation controls, the chief of the corrections bureau may create, assign, and reassign functions within the bureau and direct and supervise all functions of the bureau.

(Ord. 82-097 § 1, adopted September 22, 1982; Amended by Amended Ord. 08-137, Nov. 10, 2008, Eff date Jan. 1, 2009)

2.15.050 Employees.

(1) Except as required by law or otherwise provided by ordinance, the chief and employees of the corrections bureau are not subject to chapter 41.26 RCW, but are subject to chapters 41.14 RCW and 41.56 RCW, and applicable provisions of Title 3A SCC.

(2) The bureau chief and other employees designated by the sheriff under SCC 3.68.010 are subject to the provisions of chapter 3.68 SCC rather than Title 3A SCC.

(3) Where a collective bargaining agreement is in effect with respect to particular employees within the corrections bureau, such agreement shall control whenever its provisions conflict with provisions of chapter 41.14 RCW and the rules and regulations of the Snohomish County Civil Service Commission.

(4) The chief and employees of the corrections bureau shall have limited powers to arrest, detain, or commit persons subject to their supervision and control as determined by the sheriff.

(Ord. 82-097 § 1, adopted September 22, 1982; Amended by Amended Ord. 08-137, Nov. 10, 2008, Eff date Jan. 1, 2009).

2.15.060 Police support/cooperation of the sheriff.

The sheriff is designated as the primary law enforcement agency for responding to incidents in the county jail. If, as a result of riot, fire or other casualty, it becomes necessary for the chief of the corrections bureau to request additional assistance, the City of Everett Police Department shall provide personnel and other assistance to manage and supervise inmates during such riots, fire or other casualty. Such police personnel shall be under the control of the bureau chief during such casualty.

(Ord. 82-097 § 1, adopted September 22, 1982; Amended by Amended Ord. 08-137, Nov. 10, 2008, Eff date Jan. 1, 2009).

2.15.080 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. (Ord. 82-097 § 1, adopted September 22, 1982).

Chapter 2.16 PARKS

2.16.010 Parks division established.

The parks division of Snohomish county is hereby established as a division of the department of parks and recreation. (Added Ord. 85-032, § 2, April 24, 1985; Amended Ord. 89-028, § 1, May 17, 1989; Amended Ord. 93-066, Aug. 18, 1993; Eff date Aug. 28, 1993).

2.16.020 Parks division duties.

The duties of the parks division shall be to:

(1) Establish the parks and recreation system for Snohomish county;

(2) Administer and supervise the maintenance and operation of county parks;

(3) Develop annual parks division budget;

(4) Develop parks division capital improvement program;

(5) Plan and develop master plan for county parks;

(6) Develop parks and recreation comprehensive plan;

(7) Make recommendations to the director of parks and recreation as to the establishment of rules and regulations regarding county park usage and fee schedules for county parks;

(8) Perform such other duties as determined by the director of parks and recreation. (Added Ord. 85-032, § 2, April 24, 1985; Amended Ord. 93-066, Aug. 18, 1993; Eff date Aug. 28, 1993).

2.16.030 Parks advisory board established.

There is hereby established a Snohomish county parks advisory board, hereinafter referred to as "advisory board", to assist the director of parks and recreation and the parks division manager in reviewing and recommending policies relating to parks, playgrounds or other recreational facilities. (Added Ord. 85-032, § 2, April 24, 1985; Amended Ord. 89-028, § 2, May 17, 1989; Amended Ord. 93-066, Aug. 18, 1993; Eff date Aug. 28, 1993).

2.16.040 Membership of the board. The advisory board shall be composed of 11 members. Five members shall represent and be appointed from the council districts and shall reside in the council district from which they are appointed. Six members shall serve at-large and may reside anywhere within the county.

Appointments and terms shall be pursuant to chapter 2.03 SCC. The advisory board shall be representative of a broad range of interest. (Added Ord. 85-032, § 2, April 24, 1985).

2.16.050 Terms of members.

Subject to other provisions in this section, terms of the board members shall be for four years. Terms of those members representing council districts shall initially expire on January 15, 1987. Terms of those members serving at-large shall initially expire on January 15, 1989. (Added Ord. 85-032, § 2, April 24, 1985).

2.16.060 Compensation.

The advisory board members shall be reimbursed for mileage to and from meetings, and for other expenses as approved by the executive, as limited by budgetary constraints. . (Added Ord. 85-032, § 2, April 24, 1985).

2.16.070 Meeting and election of officers.

The advisory board shall meet at least monthly, act under Robert's Rules of Order, adopt by-laws and elect its chairman, vice chairman and secretary from within the board membership. (Added Ord. 85-032, § 2, April 24, 1985).

2.16.080 Vacancies.

A position shall become vacant upon expiration of the term. A position shall become vacant within the period of term upon the death, resignation, removal, or change of residence outside the geographic area of appointment, if any, of a member of the advisory board. Any vacancies shall be filled by appointment in the same manner as the appointment of the preceding member, and any appointee to fill a vacancy, other than for expiration of term, shall serve only for the balance of the full term of his predecessor. (Added Ord. 85-032, § 2, April 24, 1985).

2.16.090 Removal.

Any member of the advisory board may be removed by the council for neglect of duty or malfeasance in office, and pursuant to general removal provisions enacted for county boards and commissions.

(Added Ord. 85-032, § 2, April 24, 1985).

2.16.100 Duties of the advisory board. The advisory board shall advise, consult, and assist the director of parks and recreation and the parks division manager in recommending to the executive and council, actions on the following:

(1) Master plan for county parks;

(2) Parks and recreation comprehensive plan;

(3) Capital improvement programs;

(4) Budgets;

(5) Rate schedules;

(6) Rules and regulations;

(7) Planning and operation of the Kayak Golf Course;

(8) Names of county parks and recreation facilities pursuant to SCC 2.18.070; and

(9) Other matters as requested. (Added Ord. 85-032, § 2, April 24, 1985; Amended Ord. 89-028, § 3, May 17, 1989; Amended Ord. 93-066, Aug. 18, 1993; Eff date Aug. 28, 1993; Amended Ord. 94-027, March 30, 1994; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007; amended by Ord. 09-109, Oct. 28, 2009, Eff date Nov. 15, 2009).

Chapter 2.17 DEPARTMENT OF FACILITIES MANAGEMENT.

2.17.010 Creation and purpose.

There is hereby established a Snohomish county department of facilities management. It shall be the purpose of this department to provide management of services which support other county departments including building and parking facilities, property, and such other programs which may be assigned. The department will concern itself with changing technologies in the management of such programs and will expedite the development and implementation of service improvement and cost reduction whenever possible. (Added Ord. 93-070, Aug. 18, 1993, Eff date Jan. 1, 1994; Amended Ord. 98-016, § 2, March 18, 1998, Eff date April 2, 1998).

2.17.020 Definitions.

The following definitions shall apply to terms used in this chapter:

(1) "Department" means the Snohomish county department of facilities management;

(2) "Director" means the director of the department of facilities management;

(3) "County personnel system" means those statements of policy and procedures contained in Title 3A SCC and amendments thereto; (4) "Exempt personnel system" means the conditions of employment under the provisions of chapter 3.68 SCC and amendments thereto. (Added Ord. 93-070, Aug. 18, 1993, Eff date Jan. 1, 1994; Amended Ord. 98-016, § 3, March 18, 1998, Eff date April 2, 1998).

2.17.030 Authority and functions.

(1) Except as otherwise provided by ordinance, the department shall have the authority to establish policies and procedures for the management and administration of programs which provide management and administration of centralized support services for the executive branch of government and may include, in addition, the development of policies to promote the utilization of these services. The department's functions and responsibilities shall include but not be limited to the following:

(a) Management and administration of county owned real and personal property in accordance with chapter 4.46 SCC;

(b) Management, construction and maintenance of those county buildings for which responsibility is assigned to the department by the executive;

(d) Management of the county purchasing division in accordance with chapter 3.04 SCC;

(e) Performance of such other duties as may be required to further the purpose of this chapter.

(2) The department shall cooperate with and assist the facility security unit of the sheriff's office established by SCC 2.38.030 in implementing the county security program, provided that funding for any construction or improvement of county facilities requested by the facility security unit shall be provided through the sheriff's office, the county office or agency to be benefited by the construction or improvement, or the security services fund established by chapter 4.33 SCC.

(Added Ord. 93-070, Aug. 18, 1993, Eff date Jan. 1, 1994; Ord. 04-114, Nov. 22, 2004, Eff date Jan. 1, 2005; Amended by Amended Ord. 07-120, Nov. 19, 2007, Eff date Jan. 1, 2008; Amended by Amended Ord. 08-139, Oct. 20, 2008, Eff date Nov. 16, 2008).

2.17.040 Director.

The director shall manage and administer the activities of the department and shall advise the executive and the council with regard to programs managed by the department. The director shall prepare and submit to the executive annual budget estimates for the department as provided in SCC 4.26.030. The director shall appoint all officers and employees of the department in accordance with the rules of the county personnel system and exempt personnel system. The director may delegate functions, powers and duties to other officers and employees of the department as it deems expedient to further the purpose of this chapter. (Added Ord. 93-070, Aug. 18, 1993, Eff date Jan. 1, 1994; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007).

2.17.050 Appointment of director. The director shall be appointed by the executive subject to confirmation by the county council. The director shall serve at the pleasure of the executive and shall be subject to the county exempt personnel system. (Added Ord. 93-070, Aug. 18, 1993, Eff date Jan. 1, 1994).

2.17.060 Organization by director.

2.17.070 Severability.

If any provision of this chapter is held invalid, the remainder of the chapter shall not be affected. (Added Ord. 93-070, Aug. 18, 1993, Eff date Jan. 1, 1994).

2.17.080 Effective date.

The effective date of this chapter is January 1, 1994. (Added Ord. 93-070, Aug. 18, 1993, Eff date Jan. 1, 1994).

Chapter 2.18 DEPARTMENT OF PARKS AND RECREATION

2.18.010 Creation and purpose.

There is hereby established a Snohomish county department of parks and recreation. It shall be the purpose of this department to manage programs providing a variety of educational and recreational services to the citizens of Snohomish county and such other programs which may be assigned. The department will concern itself with changing technologies in the management of such programs and will expedite the development and implementation of service improvement and cost reduction whenever possible. (Ord. 82-131, § 1, adopted December 10, 1982; Amended Ord. 89-026, § 2, May 17, 1989; Amended Ord. 93- 066, Aug. 18, 1993, Eff date Aug. 28, 1993).

2.18.020 Definitions.

The following definitions shall apply to terms used in this chapter:

(1) "Department" means the Snohomish county department of parks and recreation;

(2) "Director" means the director of the department of parks and recreation;

(3) "County personnel system" means those statements of policy and procedure contained in Title 3A SCC and amendments thereto; (4) "Exempt personnel system" means the conditions of employment under the provisions of chapter 3.68 SCC and amendments thereto. (Ord. 82-131 § 1, adopted December 10, 1982; Amended Ord. 89-026, § 3, May 17, 1989; Amended Ord. 93- 066, Aug. 18, 1993, Eff date Aug. 28, 1993).

2.18.030 Authority and functions.

The department shall have the authority to establish policies and procedures for the management and administration of programs which provide educational, and recreational services to the general public, and may include, in addition, the development of policies to promote the utilization of these services. The department's functions and responsibilities shall include but not be limited to the following:

(1) Management and administration of the parks and recreation program as provided in chapter 2.16 SCC;

(2) Management and maintenance of the Evergreen State Fair and the fairgrounds in accordance with chapters 2.32 and 2.33 SCC and applicable state law;

(3) Management of the Kayak Point Golf Course; and

(4) Performance of such other duties as may be required to further the purpose of this chapter.

(Ord. 82-131 § 1, adopted December 10, 1982; Amended Ord. 89-026, § 4, May 17, 1989; Amended Ord. 93- 066, Aug. 18, 1993, Eff date Aug. 28, 1993; Amended Ord. 05-107, Nov. 21, 2005, Eff date Jan. 1, 2006).

2.18.040 Director. The director shall manage and administer the activities of the department and shall advise the executive and the council with regard to programs managed by the department. The director shall prepare and submit to the executive annual budget estimates for the department as provided in SCC 4.26.030. The director shall appoint all officers and employees of the department in accordance with the rules of the county personnel system and exempt personnel system. The director may delegate functions, powers and duties to other officers and employees of the department as (s)he deems expedient to further the purpose of this chapter. (Ord. 82-131 § 1, adopted December 10, 1982; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007).

2.18.050 Appointment of director.

2.18.060 Organization by director.

The director may create divisions and reassign positions and functions within the department; PROVIDED, That any budget transfers required by such actions shall first be approved by the council; and PROVIDED FURTHER, That personnel changes shall be made in conformance with the requirements of the county personnel system and exempt personnel system. (Ord. 82-131 § 1, adopted December 10, 1982). 2.18.070 Procedures for naming parks and recreation facilities. (1) This section shall apply to county parks and recreation facilities that are managed by the department. (2) The department is authorized to name a county park or recreation facility subject to this section by reference to the established name of a neighborhood or natural feature located on or in close proximity to the park or recreation facility. Any other name must be assigned by the county council. (3) The county council may by motion name a county park or recreation facility by reference to: (a) A person, place, event, or other matter of historical or cultural significance; (b) A person, living or deceased, who has made significant contributions of land or money to county parks or recreation facilities; (c) A person, living or deceased, who has made other significant contributions to county parks or recreational programs over a period of several years that have provided substantial benefits to the general public; or (d) Any other person, entity, or matter based on considerations determined appropriate by the council including, but not limited to, the name of a neighborhood or natural feature as described in subsection (2) of this section or a legal obligation associated with contractual naming rights. (4) All names of county parks and recreation facilities must be consistent with the following policies: (a) A county park or recreation facility shall not be assigned a name that by contemporary community standards is derogatory, offensive, distasteful, or in violation of generally accepted moral standards. (b) The following names should usually be avoided: (i) Names of other public entities, including names of cities, towns, and governmental agencies, unless the entity contributes significantly to the establishment or maintenance of the park or facility; and (ii) Names that may be confused with an existing park or recreation facility located within the county. (c) The following names are encouraged: (i) Names that describe the primary use of a park or recreation facility; (ii) Names that lend dignity to a park or recreation facility; (iv) Names that represent enduring values, honor, or merit rather than passing notoriety or popularity; and (v) Names that are commensurate with the importance of the facility. (d) Interior features of a park or recreation facility may be assigned names other than that of the park or facility in which they are located. (5) County residents may petition the county to name a county park or recreation facility as provided in this subsection. (a) A petition to name a county park or recreation facility must: (i) Be filed with the department; (ii) Be signed by 50 or more county residents, whose residence addresses shall be stated on the petition; (iii) Identify the name to be assigned the park or recreation facility and provide a statement of reasons for the assignment and an explanation of how the name is consistent with the policies set out in subsection (4) of this section; (iv) Designate a contact person, whose residence address and telephone number shall be stated on the petition; (v) Include or be accompanied by relevant documentation; and (vi) Contain any additional information required by the department. (b) The department may solicit petitions through a formal request for proposal process if approved in advance by the county council. (c) The department shall review each petition for compliance with this section and forward the petition to the advisory board established by SCC 2.16.030. The department shall confer with the advisory board regarding the merits of the petition and thereafter file with the clerk of the council written recommendations for disposition of the petition of both the department and the advisory board. The recommendations shall be filed within 60 days after the petition is filed with the department. (d) The county council will consider the petition and recommendations and take such action on the petition as it considers appropriate, if any. (6) If the county council assigns a name to a county park or recreation facility, the department shall in consultation with the department of facilities management identify the park or facility with appropriate signage. (7) This section shall not limit the ability of the county council to name or change the name of any county park or recreation facility after such other procedure as the council determines appropriate, which may include advice or recommendations of the department or advisory board established by SCC 2.16.030. (Added by Ord. 09-109, Oct. 28, 2009, Eff date Nov. 15, 2009)

2.18.700 Severability.

If any provision of this chapter is held invalid, the remainder of the chapter shall not be affected. (Ord. 82-131 § 1, adopted December 10, 1982).

2.18.900 Effective date.

The effective date of this chapter is January 1, 1983. (Ord. 82-131 § 1, adopted December 10, 1982).

Chapter 2.19 SNOHOMISH COUNTY PUBLIC FACILITIES DISTRICT

2.19.010 Creation and purpose.

Pursuant to Chapter 36.100 RCW (the “County PFD Act”), there is hereby created a public facilities district, which shall be called the Snohomish County Public Facilities District (the “District”), coextensive with the boundaries of the County, with only the powers and authority set forth in the County PFD Act as last amended by Chapter 363 Laws of Washington 2002. The District is established for the sole purpose of pursuing joint ownership, financing, or operational relationships with any other public agency within the County for the development of Regional Center projects and/or with a nonprofit entity for the development of a Regional Center project at Paine Field.

For the purpose of this section, the term "public agency" shall have the meaning set forth in RCW 39.34.020. The term "nonprofit entity" shall include any entity formed under Chapter 24.02 RCW or 24.06 RCW.

The Executive and other appropriate officers of the County are authorized and directed to take any and all such additional actions as may be necessary or desirable to accomplish the creation of the District. (Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)

2.19.020 Board of directors.

The members of the board of directors of the District (the “Board”) shall be recommended by the Executive consistent with the procedures and criteria set forth in chapter 2.03 Snohomish County Code, and appointed by the Council, as required by the County PFD Act. The Board shall consist of five members. The members of the Board shall be selected and appointed by the Council to reflect the interests of cities and towns in the county, as well as the unincorporated area of the county. The members shall serve four-year terms. Of the initial members, two shall be appointed for two-year terms, and the remainder shall be appointed for four-year terms.

If it is determined by the Council for any reason that any or all of the Board members should be removed from office, the Council may by motion approved by two-thirds of the Council remove that Board member(s) from office. The term of any Board member removed pursuant to this section shall expire when the removal motion takes effect. Vacancies shall be filled by appointment by the Council, and the person appointed to fill a vacancy shall serve for the remainder of the unexpired term of the office for the position to which he or she was appointed.

All corporate powers of the District shall be exercised by or under the authority of the Board; and the business, property and affairs of the District shall be managed under the direction of the Board, except as may be otherwise provided for by law, herein or in the Charter. (Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)

2.19.030 Organizational meeting.

The District shall be established as of the date of the appointment of the initial members of its Board. Upon such date, the Executive or designee shall call an organizational meeting of the initial Board within 10 days, giving at least three days’ advance written notice to each Board Member, unless waived in writing. At such meeting, the Board shall organize itself, may appoint officers, and shall select the District’s place of business. (Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)

2.19.040 Loan of working capital.

In order to provide the District with initial working capital for legal and formation expenses, the County may loan the District up to $25,000 from the General Fund. Any such loan shall be made pursuant to an interlocal agreement negotiated between the District and the County, shall require Council approval prior to expenditure, and shall be repaid with interest within twelve calendar months. (Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)

2.19.050 Powers, duties and limitations.

The District shall have the following powers and duties, subject to the following limitations:

(1) The District shall have the powers set forth in its Charter as approved by Ordinance No. 01-041 or as amended with Council approval by ordinance.

(2) Except as specifically provided in an interlocal agreement between the District and the County, the District shall take no action that might impose liability upon the County. All liabilities incurred by the District shall be satisfied exclusively from the assets, credit, and properties of the District, and no creditor or other person shall have any right of action against or recourse to the County, its assets, credit, or services, on account of any debts, obligations, liabilities or acts or omissions of the District.

(3) In the event that the District determines by August 1, 2001, that one or more joint Regional Center project(s) (as defined in the County PFD Act) located within the County is a viable project that is likely to begin construction before January 1, 2003, the District shall impose all or a portion of the sales tax authorized under RCW 82.14.390(1) in support of pursuing joint ownership, financing, or operational relationships with such Regional Center(s). Such tax proceeds shall be apportioned between such Regional Centers (taking into account adequate reserves to be maintained by the District) in an equitable manner that supports construction and operation of any viable joint Regional Center project or projects located in Snohomish County. In order to apportion the tax proceeds in an equitable manner, the District shall, at a minimum, make the following distributions: first, the District shall negotiate an interlocal agreement to guarantee to a viable Regional Center developed by the City of Everett and the Everett Public Facilities District an amount equal to $7,000,000 (present value); second, of the remaining tax proceeds, the District shall apply up to 10% to pay for parking to be provided to one or more Regional Centers by the County; and, third, the District shall apply the remaining 90% of tax proceeds equitably among viable Regional Centers (in all cases, taking into account adequate reserves to be maintained by the District).

(4) No later than December 31, 2002, the District shall provide a written report to the Council detailing its project list, and the percentage of anticipated tax proceeds flowing to each project.

(5) In consideration of the County’s loan of working capital to the District and to ensure that joint Regional Centers are developed in a manner that is consistent with the County’s regional planning objectives, intergovernmental relations with its incorporated cities, and available and planned infrastructure, the District shall not enter into an interlocal agreement to expend revenues in excess of $50,000 on such a joint Regional Center unless the County is party to the interlocal agreement.

(6) The District shall prepare, maintain and provide to the Council a financial and activities report not less than quarterly, and otherwise as directed by the Council.

(7) In consideration for the County’s loan of working capital, the District shall not impose any tax authorized under the County PFD Act, other than sales taxes imposed pursuant to RCW 82.14.390, without prior approval of the Council. (Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001; Amended Ord. 02-005, March 13, 2002, Eff date April 5, 2002, Ord. 02-066, November 4, 2002, Eff date November 15, 2002).

2.19.060 Approval of Charter and Bylaws.

The council approved the initial Charter and Bylaws of the District by Ordinance No. 01-041. The Charter shall be issued in duplicate originals, each bearing the County seal attested by the Clerk of the Council. One original shall be filed with the County; a duplicate original shall be provided to the District. The Charter shall be amended only with council approval by ordinance.

The Board shall maintain rules of procedure and governance of its activities through its bylaws. The power to alter, amend, or repeal the bylaws or adopt new bylaws shall be vested in the Board, except as follows. The bylaws shall be consistent with this ordinance and the Charter. As necessary and appropriate in the discretion of the Council, the Council may amend the bylaws by ordinance adopted at a public meeting held with notice to the District. Amendments to the bylaws approved by the Council may not be further amended by the District for one year except with Council approval.

(Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001; Amended Ord. 02-005, March 13, 2002, Eff date April 5, 2002, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)

*Code Reviser Note: Copies of Appendix A and Appendix B available upon request at the office of the Clerk of Snohomish County Council. 2.19.070 Applicability of public laws.

District activity shall, as required by law, comply with the Open Public Meetings Act and other provisions of state law applicable to Municipal Corporations. (Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)

2.19.080 Dissolution.

The District shall dissolve on December 31, 2001 in the event that the District determines that there are no viable Regional Center projects located within the County. After such time, if the Council finds, following a public hearing or hearings, that the continued existence of the District would no longer serve the purposes of this Ordinance, it may by ordinance and in such manner as may be required by State law order that the District be dissolved. If the District has outstanding obligations at the time of such dissolution, the ordinance dissolving the District shall be subject to the payment in full of the outstanding obligations. Upon dissolution of the District and the winding up of its affairs, title to all remaining property and assets of the District shall vest in the County to be used for public purposes.

Upon satisfactory completion of dissolution proceedings, the Clerk of the Council shall indicate such dissolution by inscription of “Charter cancelled” on the Charter of the District on file with the County and, when available, on the duplicate original of the District, and the existence of the District shall cease. The Clerk of the Council shall give notice thereof pursuant to State law and to other persons requested by the District in its dissolution statement. (Added Ord. 01-041, June 27, 2001, Eff date July 8, 2001, Ord. 02-066, November 4, 2002, Eff date November 15, 2002)

Chapter 2.20 PUGET SOUND GOVERNMENTAL CONFERENCE

2.20.010 County a member of the Puget Sound government conference.

Pursuant to chapter 84, laws of 1964 extraordinary session, Snohomish county does hereby associate as a member in a regional conference, hereinafter referred to as the Puget Sound governmental conference. (Res. adopted Jan. 31, 1966).

2.20.020 Articles of association and bylaws adopted.

The board of county commissioners does hereby adopt the articles of association and bylaws of the Puget Sound governmental conference, adopted as a conference on November 17, 1965, which shall be considered a part of this chapter. (Res. adopted Jan. 31, 1966).

2.20.030 Contributions made to conference.

The board of county commissioners may contribute to the expenses of the Puget Sound governmental conference pursuant to the articles of association and bylaws. (Res. adopted Jan. 31, 1966).

Chapter 2.22 SUGGESTION BOX COMMITTEE

2.22.010 Suggestion box committee.

There shall be a suggestion box committee which is referred to in this chapter as the committee, composed of a member of the county council or its designee, a member of the county executive's office, and a county employee to be selected by other county employees. Each county department will select a nominee to be voted on by other county employees. The election of the county employee to serve on the committee shall be conducted by the interim committee, which shall be composed of the county council member or its designee and the member of the county executive's office. A committee member shall serve for one year or until his successor is selected. The committee shall designate one member as chairperson.

(Added Ord. 81-096, Oct. 2, 1981; Amended Ord. 85-099, § 1, Oct. 9, 1985).

2.22.020 Suggestions by employees.

Employees may submit suggestions for the improvement of county government, such suggestions to be deposited in a suggestion box located in the basement lobby of the administration building. Such suggestions shall be in form approved by the committee and the executive. Any such form shall provide that the submitting employee waives any and all rights with respect to any proprietary interests and rights in such claim and any and all claims against the county in connection with the use or failure to use such suggestion, and consents to the county's making such use of the suggestion as it may deem appropriate.

(Ord. 81-096, adopted October 2, 1981).

2.22.030 Duties of committee.

(1) The committee shall meet at least once a month to review suggestions. The committee may select from suggestions deposited in the suggestion box the previous month suggestions which, in the committee's opinion, would be of such significant benefit to the county as to warrant an award. The committee may present any suggestion to any other county official or department for review and comment. All determinations of the committee shall be final. The committee shall have the right to destroy or discard frivolous, obscene, libelous or abusive material. All remaining suggestions shall be filed for one year and discarded. Summaries of suggestions filed which the committee feels may have merit, whether the basis of an award or not, shall be mailed to all elected officials and department heads. The county shall have the right to make such use of any suggestions as it deems appropriate.

(2) The following factors shall be considered in determining eligibility of a suggestion for an award:

(a) Does the suggestion provide an extension or improvement in public service at reasonable or reduced cost to the county?

(b) Does it eliminate or reduce county expenditures without substantially impairing service?

(Ord. 81-096, adopted October 2, 1981). 2.22.040 Award.

(1) No elected official or department head shall be eligible for an award. Employees shall not be eligible for an award for suggestions pertaining to subjects assigned for research or development or to any problems assigned for solution or which such employee would normally offer in the line of duty. The suggestion must propose a change which was not under consideration by the affected county agency at the time the suggestion was made. Determinations of eligibility made by the committee shall be final.

(2) Any employee whose suggestion, in the opinion of the committee, warrants an award, shall receive an amount not exceeding $100.00.

(Added Ord. 81-096, Oct. 2, 1981; amended Ord. 83-089, § 1, Aug. 1, 1983).

2.22.050 Fund -- Payment of awards.

Any award made shall be paid from a special account or fund. The account or fund shall be replenished by appropriations, from time to time, from county funds in the proportion that awards made to employees of a particular fund bear to the total awards paid.

(Ord. 81-096, adopted October 2, 1981).

Chapter 2.24 JOINT PLANNING COUNCIL

2.24.010 Council created.

The Southwest Snohomish county joint planning council be and is hereby created, and shall be known as the Southwest Snohomish county joint planning council, hereinafter referred to as the planning council. (§ 1 of Agreement adopted January 31, 1966).

2.24.020 Area of jurisdiction.

The planning council shall be primarily concerned with the planning and development of a region which is initially defined generally as follows: That portion of Township 27 North, Snohomish County, Washington, lying west of the line formed by the east boundaries of Sections 6, 7, 18, 19, 30 and 31, of Range 5 East, W.M. (§ 2 of Agreement adopted January 31, 1966).

2.24.030 Powers and responsibilities.

The responsibility and powers of the planning council shall be as follows:

(1) The planning council may act as a planning research and fact finding agency of the members thereof. To that end, it may make such plans, surveys, analyses, researches and reports as are generally authorized or requested. The planning council, upon such request or authority may also:

(a) Make a regional comprehensive plan for the region as defined, or as may be subsequently amended, and as may be agreed upon by the planning council; (b) Make such refinements of the comprehensive plans or special studies for the participating jurisdictions as may be requested and budgeted for by those jurisdictions and as agreed upon by the planning council;

(d) Assemble and analyze the data thus obtained and formulate plans for the conservation of such resources and the systematic utilization and development thereof;

(e) Make recommendation from time to time as to the best methods of such conservation, utilization and development;

(f) Cooperate with other commissions, with the state and with other public agencies in the municipality, state and United States in planning, conservation and development.

(2) The planning council shall, in as far as possible:

(a) Coordinate general planning among and for the several participating jurisdictions;

(b) Provide technical assistance with budget limitations to all of the participating jurisdictions, and;

(3) The planning council may, within its authorized budget, engage a single director of planning and may authorize him to employ such other personnel as may be necessary to carry out the planning program. The planning council may also engage such other special and professional personnel as may be necessary to carry out the planning program. (§ 3 of Agreement adopted January 31, 1966).

2.24.040 Membership.

Official membership of the planning council shall consist of those undersigned public jurisdictions and such other jurisdictions as may hereafter be elected to membership by the planning council. Immediately upon the execution of this agreement, each of the undersigned member jurisdictions of the planning council shall designate two official member-representatives to the planning council and an official alternate representative. One of the official member-representatives must be a member of the legislative body of the participating jurisdiction. (§ 4 of Agreement adopted January 31, 1966).

2.24.050 Meetings - officers.

The planning council shall hold regular and special meetings at such times and places as the planning council may determine by resolution. The chairman and other officers of the planning council shall be elected from among the members of the planning council. The fiscal year of the planning council shall be the calendar year. (§ 5 of Agreement adopted January 31, 1966).

2.24.060 Bylaws. Upon the execution of this agreement, the members hereof shall meet and adopt comprehensive and complete bylaws for the operation of this planning council. (§ 6 of Agreement adopted January 31, 1966).

2.24.070 Budget.

The planning council shall prepare, annually, a proposed budget and work program to be submitted to the hereinafter described legislative committee of the planning council, for review and recommendation to each participating jurisdiction for subsequent approval. This total budget proposed for the operation of the planning council and its staff must be submitted to the legislative committee sufficiently in advance of annual preliminary budget hearings by participating jurisdictions, to permit adequate review by each political unit in order to ascertain its appropriation and/or share of the work load.

The budget shall become final only after each member jurisdiction has finally approved its appropriation to the planning council and the planning council has met to make final allocation of available funds.

Authority is also granted for the acceptance of such lawful grants of money, gifts, services, and use of property as may be appropriate to the furtherance of these joint efforts. (§ 7 of Agreement adopted January 31, 1966).

2.24.080 Legislative committee created - membership.

There is hereby granted a legislative committee which shall be a part of the planning council. The members shall be the legislative representatives from each member jurisdiction. (§ 8 of Agreement adopted January 31, 1966).

2.24.090 Purpose of committee.

The legislative committee is created to provide the members of the legislative bodies of member jurisdictions with an opportunity to coordinate local governmental programs of planning, land development, surveys, and of health, safety and general welfare. (§ 9 of Agreement adopted January 31, 1966).

2.24.100 Duties of committee members.

It shall be the responsibility of the legislative committee members to report to their respective legislative bodies the progress and the nature of the planning program of the planning council, and the recommendations of the planning council regarding administrative and policy matters.

The legislative committee members may request the chairman of the planning council, together with designated personnel, to assist in presenting such reports and recommendations. (§ 10 of Agreement adopted January 31, 1966).

Chapter 2.28 INTER-COUNTY RURAL LIBRARY DISTRICTS 2.28.010 District established.

Pursuant to the Session Laws of the State of Washington, Chapter 75, Laws of 1947, as amended by Chapter 162, Laws of 1961, set forth in chapter 27.12 RCW, that there be and is hereby established an inter-county rural library district which shall include all the area outside the incorporated cities and towns of Island and Snohomish counties. (Res. adopted December 17, 1962).

2.28.020 Trustees.

The inter-county rural library district shall initially have a board of seven trustees, two of the trustees to be appointed from Island County and five of the trustees to be appointed from Snohomish county. It is recommended by the boards of county commissioners that the proportion of representation from each county on the inter-county rural library board of trustees be maintained the same in the future, unless there is a major shift in the proportionate population and financial contribution of the taxpayers of Island county and Snohomish county. (Res. adopted December 17, 1962).

Chapter 2.32 EVERGREEN STATE FAIR AND FAIRGROUNDS

2.32.005 Definitions.

The following definitions shall apply to terms used in this chapter:

(1) "Advisory board" means the fair advisory board established by SCC 2.32.070;

(2) "Department" means the Snohomish county department of parks and recreation;

(3) "Director" means the director of the department of parks and recreation;

(4) "Exempt personnel system" means the system of employment set out in chapter 3.68 SCC;

(5) "Fair" means the annual Evergreen State Fair;

(6) "Fairgrounds" means the Evergreen State Fairgrounds at Monroe, Washington;

(7) "Manager" means the fairgrounds manager appointed under SCC 2.32.120;

(8) "Risk management committee" means the risk management committee created by SCC 2.90.025. (Added Ord. 89-029, § 3, May 17, 1989; Amended Ord. 93-066, Aug. 18, 1993, Eff date Aug. 28, 1993).

2.32.010 Operation pursuant to state law.

Snohomish county hereby authorizes and assumes control of the conduct, operation and management of the Snohomish county Evergreen State Fairgrounds at Monroe, Washington, pursuant to and in compliance with chapter 36.37 RCW as hereinafter set forth. (§ 1 of Res. adopted July 29, 1968; Amended Ord. 89-029, § 4, May 17, 1989).

2.32.020 Grounds set aside.

The following described real property situated in Snohomish County, Washington together with all appurtenances and improvements thereon, is hereby set aside and confirmed for county fair and agricultural exhibition uses as defined in chapter 36.37 RCW:

The south half of the south half of the southwest quarter of the northeast quarter; and the northwest quarter of the southeast quarter lying northerly of the existing SR 2 less state park and ride tract; and the northeast quarter of the southeast quarter lying northerly of the existing SR 2 less the north 98 feet of the east 363 feet and less state park and ride all being in section 35 township 28 range 6, together with the southwest quarter of the northwest quarter lying southerly of proposed SR 2 less the west 60 feet for county road; and the southeast quarter of the northwest quarter lying southerly of the proposed SR 2; and the northeast quarter of the southwest quarter lying westerly of the proposed SR 2; and the southwest quarter of the southwest quarter lying northerly of existing SR 2 and northwesterly of city road less the west 60 feet for county road; and the northwest quarter of the southwest quarter less the west 60 feet for county road all in section 36, township 28, range 6. (Amended Ord. 92-011, February 26, 1992).

2.32.030 Revenue regulations.

All receipts in connection with the operation of the fairgrounds shall belong to Snohomish county and shall be deposited with the county treasurer as provided by law in the current expense fund, and all expenditures for the operation and maintenance of the fair shall be on proper voucher and payable from such fund. (§ 3 of Res. adopted July 29, 1968; Amended Ord. 89-029, § 6, May 17, 1989).

2.32.040 Revolving fund established.

Pursuant to RCW 36.37.040, a fair revolving fund is hereby established to be administered and expended as hereinafter set forth. (§ 1 of Res. adopted May 20, 1974).

2.32.041 Revolving fund amount.

The amount of the fair revolving fund shall be the amount adopted in the current budget ordinance. The treasurer of Snohomish county is hereby authorized and directed to issue a check for the amount adopted in the current annual budget ordinance and deliver such check to the manager each year during the week immediately prior to the opening of the fair. The manager shall deposit such check in an approved bank in a checking account created for the sole purpose of administering said revolving fund. No deposit shall be made to such checking account other than the treasurer's check and auditor's warrants replenishing amounts expended. (Added Res., § 2, May 20, 1974, Amended Ord. 82-064, July 12, 1982; Amended Ord. 86-086, § 1, August 6, 1986; Amended Ord. 89-029, § 7, May 17, 1989; Amended Ord. 07-015, March 21, 2007, April 7, 2007).

2.32.042 Revolving fund - expenditures authorized.

Checks against the fair revolving fund account are authorized solely for the purpose of paying properly budgeted obligations incurred in the operation of the fair under entertainer contracts which require payment immediately upon completion of the entertainer's performance. (§ 3 of Res. adopted May 20, 1974; Amended Ord. 89-029, § 8, May 17, 1989).

2.32.043 Revolving fund - voucher processing.

Immediately upon payment of any obligation from the fair revolving fund, as authorized in SCC 2.32.042, a voucher or vouchers will be prepared by the manager and processed according to the procedure established for processing vouchers. In addition to other required information, such a voucher shall specifically indicate that payment of the underlying obligation has been made against the revolving fund. . (§ 4 of Res. adopted May 20, 1974; Amended Ord. 89-029, § 9, May 17, 1989).

2.32.044 Revolving fund - replenishment - closing of account.

The auditor of Snohomish county shall cause warrants to be drawn upon duly approved vouchers submitted pursuant to SCC 2.32.043, and cause such warrants to be delivered to the manager for deposit in the fair revolving fund account. The manager shall maintain a strict accounting of all deposits into and disbursements from such account. Immediately upon receipt by the manager of warrants in reimbursement of all disbursements to be made from the fair revolving fund account, and in no event later than 60 days after the closing of the fair, the manager shall close out the fair revolving fund account and immediately deliver to the county treasurer the proceeds of such account together with any nondeposited warrants issued pursuant to this section. (§ 5 of Res. adopted May 20, 1974; Amended Ord. 89-029, § 10, May 17, 1989; Amended Ord. 91-094, July 24, 1991).

2.32.050 Amount of expenditures.

All expenditures for the operation and maintenance of the fairgrounds shall be within the limitation of a budget duly adopted by the county council. (§ 5 of Res. adopted July 29, 1968; Amended Ord. 89-029, § 11, May 17, 1989).

2.32.070 Fair advisory board established.

There is hereby established a Snohomish county fair advisory board, hereinafter referred to as the advisory board, to assist the manager in reviewing and recommending policies related to the fair. (Added Ord. 85-004, § 3, Feb. 20, 1985; Amended Ord. 89-029, § 12, May 17, 1989).

2.32.077 Consideration for advisory board members' and employees' services.

(1) In consideration of services to be provided by advisory board members, members will annually be compensated with one season family pass for admission to the fair to be used by the member, spouse, and their unemancipated children.

(2) Department employees involved in the operation of the fair may also receive one season family pass per employee; PROVIDED, That such compensation shall be in addition to and not in lieu of other salary and benefits as each may regularly receive from the county. (Added Res., July 25, 1977; Amended Ord. 85-004, § 4, Feb. 20, 1985; Amended Ord. 89-029, § 13, May 17, 1989).

2.32.079 Membership of board. The advisory board shall be composed of 11 members. Five members shall represent and be appointed from the council districts and shall reside in the council district from which they are appointed. Six members shall serve at-large and may reside anywhere within the county. Appointments and terms shall be pursuant to chapter 2.03 SCC. The advisory board shall be representative of a broad range of interests. (Added Ord. 85-004, § 5, Feb. 20, 1985).

2.32.081 Compensation.

The advisory board members shall be reimbursed for mileage to and from meetings, and for other expenses in accordance with SCC 2.03.070 as limited by budgetary constraints and shall be reimbursed as otherwise provided in SCC 2.32.077(1). (Added Ord. 82-038, § 1, May 18, 1982; Amended Ord. 85-004, § 6, Feb. 20, 1985; Amended Ord. 89-029, § 14, May 17, 1989).

2.32.085 Meetings and election of officers.

The advisory board shall meet at least monthly, act under Robert's Rules of Order, adopt bylaws and elect its chairman, vice chairman and secretary from within the board membership. (Added Res., Oct. 26, 1971; Amended Ord. 85-004, § 7, Feb. 20, 1985).

2.32.093 Vacancies.

A position shall become vacant within the period of term upon the death, resignation, removal, or change of residence outside the council district of appointment of a member of the advisory board. Any vacancy shall be filled by appointment in the same manner as the appointment of the preceding member, and any appointee to fill a vacancy, other than for expiration of term, shall serve only for the balance of the full term of his predecessor. (Added Res. Oct. 26, 1971; Amended Ord. 85-004, § 8, Feb. 20, 1985; Ord. 82-038, § 1, May 18, 1982).

2.32.094 Removal.

Any member of the advisory board may be removed by the council for neglect of duty or malfeasance in office, and pursuant to general removal provisions enacted for county boards and commissions. (Added Res. Oct. 26, 1971; Amended Ord. 85-004, § 8, Feb. 20, 1985; Ord. 82-038, § 1, May 18, 1982).

2.32.100 Duties of advisory board.

The advisory board shall advise, consult and assist the manager in recommending to the director actions on the following:

(1) Schedules of fair events and activities other than motor vehicle racing or practice events;

(2) Annual fair budget;

(3) Fair fee schedules; and

(4) Other fair matters as requested by the manager. (Added Res., § 10, July 29, 1968; Amended Ord. 85-004, § 10, Feb. 20, 1985; Ord. 82-001, Feb. 5, 1982; Amended Ord. 89-029, § 15, May 17, 1989).

2.32.110 Fairgrounds manager - office established.

There is hereby established the office of fairgrounds manager to assist the director in the management and operation of the fair and fairgrounds. (Ord. 82-001, adopted Feb. 5, 1982; § 11 of Res. adopted July 29, 1968; Amended Ord. 89-029, § 16, May 17, 1989).

2.32.120 Appointment of manager.

The manager shall be appointed by the director to serve under the exempt personnel system. . (Ord. 82-001, adopted February 5, 1982; Res. adopted October 26, 1971; § 12 of Res. adopted July 29, 1968; Amended Ord. 89-029, § 17, May 17, 1989).

2.32.140 Duties of manager.

The manager shall:

(1) Act as the chief administrative officer for the operation and maintenance of the fair and fairgrounds;

(2) Each year submit to the director a proposed budget for the operation of the fair and fairgrounds for the following year;

(3) Initiate, direct and administer fair and fairgrounds related activities;

(4) Improve, operate and maintain the fairgrounds real estate together with the appurtenances and improvements thereon and all other property useful in connection therewith;

(5) Select and employ such properly qualified employees as he may deem desirable and necessary;

(6) Adopt and enforce reasonable rules and regulations deemed necessary in the operation of the fair and the fairgrounds, PROVIDED That the manager shall give the advisory board an opportunity to comment on proposed rules and regulations that directly relate to the fair. (Ord. 82-001, February 5, 1982; Res. adopted October 26, 1971; § 14 of Res. adopted July 29, 1968; Amended Ord. 89-029, § 18, May 17, 1989).

2.32.150 Licensing agreements.

The county executive and, if approved by the county executive, the director are hereby authorized to enter into and execute in behalf of Snohomish county fair booth and commercial licensing agreements, facility licensing agreements, and/or other licensing agreements covering facilities, space, or other property of Snohomish county located on the fairgrounds upon the following conditions:

(1) The manager determines that the granting of such license agreement provides a fair rate of return to the county in view of the nature and license value of the facilities, space and/or property licensed, use to be made thereof, the character of the applicant, and recommends approval of such agreement; (2) Every such licensing agreement shall be approved by the risk management committee or its designee and approved on a form that has been approved as to form by the prosecuting attorney, or by a deputy prosecuting attorney;

(3) The applicant shall provide such indemnification and/or insurance coverage, proof of compliance with workers compensation laws, proof of possessing any other license or permits required of the applicant, and any release forms as may be required by the risk management committee;

(4) Any such licensing agreement shall be for a term of less than one year;

(5) Upon request by the county council, the fairgrounds manager shall refer the application for any licensing agreement to the county council for review and approval;

(6) The county executive may refer any licensing agreement to the county council for review and approval. (Res. 79-89, adopted May 7, 1979; Amended Ord. 89-029, § 19, May 17, 1989; Amended during 4/99 supplement).

Chapter 2.33 FAIRGROUND RULES AND REGULATIONS

2.33.010 Applicability - posting required - penalty for violations.

The following rules and regulations set forth in this chapter shall govern the admission to and use of the Evergreen State Fairgrounds by any person, whether by paid admission or not. Any person found violating these rules may be asked to leave the Evergreen State Fairgrounds by the fairgrounds manager or his representative. Any person having violated these rules and having been requested to leave the fairgrounds and who refuses to do so may be removed from the fairgrounds by the fairgrounds manager or his designated representative. Any person who violates these rules will be deemed to have forfeited the privilege to remain on the Evergreen State Fairgrounds. A copy of these rules shall be plainly posted at each entrance to the annual Evergreen State Fair. (Res. adopted August 24, 1977; Amended Ord. 89-029, § 20, May 17, 1989).

2.33.020 Rule 1 - Soliciting.

Unless separately licensed as a concessionaire, or as otherwise permitted by law, users of the Evergreen State Fairgrounds are prohibited from soliciting funds for any purpose or offering merchandise or services for sale. (Res. adopted August 24, 1977; Amended Ord. 89-029, § 21, May 17, 1989).

2.33.030 Rule 2 - Signs - advertisement and written matter.

Except as otherwise authorized in these rules, no person shall post, distribute or display signs, advertisement, circulars, or printed or written matter at the Evergreen State Fairgrounds. (Res. adopted August 24, 1977; Amended Ord. 89-029, § 22, May 17, 1989).

2.33.040 Rule 3 - Use of roads and walks. No person shall knowingly use the roads or walks of the Evergreen State Fairgrounds in such a manner as to hinder or obstruct their proper use. No person shall knowingly interfere with the free flow of persons or vehicles upon or through the fairgrounds or otherwise knowingly prevent the orderly and efficient use of county property for its primary purpose. (Res. adopted August 24, 1977; Amended Ord. 89-029, § 23, May 17, 1989).

2.33.050 Rule 4 - County liability.

Snohomish county assumes no responsibility for loss, injury or damage to persons or property on the facility by reason of fire, theft, vandalism, wind, flood, earthquake or collision damage, nor does it assume any liability for injury to persons or property while on the facility grounds or while using its facilities.

(Res. adopted August 24, 1977; Amended Ord. 89-029, § 24, May 17, 1989).

2.33.060 Rule 5 - Exercising the right of free expression.

(1) The use of the fairgrounds during the annual Evergreen State Fair for the purpose of exercising the right of free expression shall not be abridged; PROVIDED, That such use shall not compromise public safety, interfere with the orderly movement of fair patrons, or abridge rights of other users of the fairgrounds. The following requirements are intended to accommodate these interests.

(2) No person on the Evergreen State Fairgrounds shall distribute literature, display signs for the primary purpose of communicating to other users of the fairgrounds, or solicit petition signatures without an identification badge issued by the fairgrounds manager. The fairgrounds manager shall issue an identification badge upon presentation of a written application containing the following information:

(a) the name, address, and telephone number of the applicant and sponsoring organization, if any;

(b) a description of the proposed activity; and

(3) No person on the Evergreen State Fairgrounds shall solicit funds or offer any merchandise or services for sale except as authorized by SCC 2.33.020.

(4) No person on the Evergreen State Fairgrounds unless participating in a scheduled event or activity or unless separately licensed as a concessionaire and authorized by a licensing agreement, shall:

(a) employ a sound or voice amplifying device for any purpose;

(b) use a table, chair, stand, or other structure to conduct activities described in subsection (2) of this section;

(d) engage in a dance, chant, or other performance intended to attract public notice.

(5) Activities described in subsection (2) of this section shall be confined to areas of the fairgrounds that are open to the general public, except that the following areas are excluded: (a) parking areas;

(b) areas within 15 feet of animal enclosures, ticket counters, booths or other concession facilities, and patrons waiting in line; and

(c) restaurants, washrooms, and areas subject to separate licensing agreements. (Res. adopted August 24, 1977; Added Ord. 89-029, § 25, May 17, 1989).

Chapter 2.34 DEPARTMENT OF EMERGENCY MANAGEMENT

(Repealed effective Jan 1, 2006 pursuant to Section 12 of Ordinance No. 05-123 adopted on November 9, 2005)

Chapter 2.36 EMERGENCY MANAGEMENT

2.36.010 Purposes.

The purposes of this chapter are to provide for the preparation and carrying out of plans for emergency services in the event of an emergency or disaster, for the coordination of the emergency services of this county with other public agencies and affected private persons, corporations and organizations, for the exercise of emergency powers by the county executive, for the establishment of the Snohomish county department of emergency management, and for the continuity of county government, in a manner consistent with the Washington Emergency Management Act, Chapter 38.52 RCW, and the Continuity of Government Act, Chapter 42.14 RCW. Any county expenditures made in connection with such emergency services, including mutual aid activities and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the county of Snohomish. (Res. 80-136A § 1, adopted April 28, 1980; § 1 of Res. adopted March 31, 1958; Ord. 02-104, January 8, 2003, Eff date January 20, 2003; Ord. 05-123, Nov. 9, 2005, Eff date Jan. 1, 2006).

2.36.020 Definitions.

In this chapter, unless the context clearly requires otherwise, (1) "Advisory Board" means the emergency management advisory board established pursuant to SCC 2.36.100. (2) "County personnel system" means those statements of policy and procedure contained in title 3A SCC and amendments thereto. (3) "Department" means the Snohomish county department of emergency management. (4) "Director" means the director of the Snohomish county department of emergency management. (5) "Emergency or disaster" means an event or set of circumstances which (a) demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (b) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010. (6) "Emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural, technological, or human caused, and to provide support for search and rescue operations for persons and property in distress. It does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack. (7) "Executive head" and "executive heads" means the county executive and in the case of cities and towns, it means the mayor in those cities and towns with a mayor-council or commission form of government where the mayor is directly elected, and it means the city manager in those cities and towns with a council- manager form of government. In the case of tribes, "executive head" means the tribal chairman. (8) "Exempt personnel system" means the conditions of employment under the provisions of chapter 3.68 SCC and amendments thereto. (Res. 80-136A § 1, adopted April 28, 1980; § 2 of Res. adopted March 31, 1958; Ord. 02-106, January 9, 2003, Eff date January 20, 2003; Ord. 05-123, Nov. 9, 2005, Eff date Jan. 1, 2006).

2.36.030 Powers and duties of county executive.

(1) Except as otherwise provided by state law or the county charter, the county executive shall have general supervision and control of emergency services provided by the county in the event of an emergency or disaster, and shall be responsible for implementing the Washington Emergency Management Act, Chapter 38.52 RCW, on behalf of the county. (2) In performing the executive's duties under this chapter, the county executive is further authorized and empowered to: (a) Delegate county emergency management functions to the director of the Snohomish county department of emergency management appointed pursuant to SCC 2.36.060, subject to supervision by the county executive; (b) Develop and implement emergency evacuation and other procedures for county government, consistent with the approved county comprehensive emergency management plan; (c) Coordinate county emergency management functions with federal, state and local organizations for emergency management to promote effective preparation and use of manpower, resources, and facilities; (d) In collaboration with appropriate public or private agencies, prepare and present to the county council for approval agreements providing for mutual aid in the event of an emergency or disaster; (e) Issue emergency or disaster proclamations, for obtaining state and federal assistance and for other purposes as authorized by law; and (f) Take such other actions as are provided for the executive head of a political subdivision by the Washington Emergency Management Act, Chapter 38.52 RCW. (3) The county executive shall approve and revise as necessary county comprehensive emergency management plans prepared by the Snohomish county department of emergency management pursuant to SCC 2.36.050. The executive shall promptly distribute approved or revised plans to the council and affected county agencies. (Added Ord. 02-104, January 8, 2003, Eff date January 20, 2003; Ord. 05-123, Nov. 9, 2005, Eff date Jan. 1, 2006)

2.36.040 Disaster -- specific powers.

In the event of disaster as herein provided, the county executive is hereby empowered:

(1) To issue, amend, and rescind rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; PROVIDED, That such rules and regulations shall be published at least once in such form as the executive finds reasonable under the circumstances, shall be available for public inspection at the Snohomish county department of emergency management, and shall expire at the end of thirty days after issuance unless enacted by ordinance; (2) To approve contracts and incur obligations necessary to combat such disaster, and in light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements), as provided in RCW 38.52.070(2);

(3) After proclamation by the governor of the existence of such disaster, to command the service and equipment of as many citizens as considered necessary in light of the disaster proclaimed: PROVIDED, that citizens so commandeered shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by federal and state law for registered emergency workers, as provided in RCW 38.52.110(2);

(4) To execute all of the special powers conferred upon the executive by this chapter, by statute, or by any other lawful authority; and

(5) To requisition necessary personnel or material of any county department or agency. (Res. 80-136A §§ 1, 4, adopted April 28, 1980; § 6 of Res. adopted March 31, 1958; Ord. 02-104, January 8, 2003, Eff date January 20, 2003; Ord. 05-123, Nov. 9, 2005, Eff date Jan. 1, 2006).

2.36.050 Department of emergency management - creation and authority

(1) The Snohomish county department of emergency management (“department”) is hereby established. The administration of the department is the responsibility of the county executive.

(2) The department shall implement policies and procedures and administer programs which provide for the preparation and carrying out of plans for emergency services in the event of an emergency or disaster, and for the coordination of the emergency services of this county with other public agencies and affected private persons, corporations and organizations.

(3) The department's functions and responsibilities shall include but not be limited to the following: (a) Management and administration of the emergency management program as provided in this chapter; (b) Preparation and presentation to the county executive for approval of a county comprehensive emergency management plan, consistent with the state comprehensive emergency management plan; (c) Coordination of county emergency services with other public agencies and affected private persons, corporations, and organizations, subject to the authority of the county executive; and (d) Performance of such other duties as may be required to further the purpose of this chapter. (Added Ord. 05-123, Nov. 9, 2005, Eff date Jan. 1, 2006)

2.36.060 Department director.

(1) The director shall be appointed by the executive subject to confirmation by the county council. The director shall serve at the pleasure of the executive and shall be subject to the county exempt personnel system.

(2) The director shall manage and administer the activities of the department and shall advise the executive and the council with regard to programs managed by the department. Subject to the approval of the county executive, the director shall establish policies and procedures for the management and administration of emergency management services. The director shall prepare and submit to the executive annual budget estimates for the department as provided in SCC 4.26.030. The director shall appoint all employees of the department in accordance with the rules of the county personnel system and exempt personnel system. The director may delegate functions, powers and duties to other officers and employees of the department as the director deems expedient to further the purpose of this chapter.

(Added Ord. 05-123, Nov. 9, 2005, Eff date Jan. 1, 2006; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007)

2.36.070 Organization by director.

Subject to the approval of the executive, the provisions of the county charter and the provisions of Title 3A SCC, and amendments thereto, and budget and appropriation controls, the director may create, assign, and reassign functions and positions within the department and direct and supervise all functions of the department. (Added Ord. 05-123, Nov. 9, 2005, Eff date Jan. 1, 2006)

2.36.075 Continuity of county government.

(1) In accordance with Chapter 42.14 RCW, the continued operation of county government shall be assured in the event of enemy attack as follows: (a) If enemy attack reduces the number of members of the county council, then those members who are available for duty shall have full authority to act in all matters as the county council. In the event no member of the county council is available for duty, then those elected county officials as are available for duty shall jointly act as the county council and shall possess by majority vote the full authority of the county council. (b) Elected county officers, other than members of the county council, are authorized and directed to designate one or more temporary interim successors to the office of such officer in the event the officer is unavailable for duty during an emergency caused by enemy attack. (c) The county executive shall, subject to such rules as the executive may adopt, permit each appointed county officer to designate one or more temporary interim successors of such officer in the event the officer is unavailable for duty during an emergency caused by enemy attack. (2) Any county officer succeeding to an office on a temporary interim basis pursuant to this section shall discharge the duties of that office only until such time as the elected or appointed officer is available for duty or a regular successor is appointed by the ordinary means applicable to the office. (3) In this section, the term "attack" means any act of warfare taken by an enemy of the United States causing substantial damage or injury to persons or property in the United States and in the state of Washington. The term "unavailable" means either that a vacancy in the office exists or that the lawful incumbent of the office is absent or unable to exercise the powers and discharge the duties of the office following an attack and a declaration of existing emergency by the governor or the governor's successor. (Added Ord. 02-104, January 8, 2003, Eff date January 20, 2003)

2.36.090 Penalty for violations.

It is a misdemeanor, punishable as provided in SCC 1.01.100 for any person during a disaster:

(1) To willfully obstruct, hinder or delay any emergency worker as defined in RCW 38.52.010 in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him or her by virtue of this chapter;

(2) To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this county, or to prevent, hinder or delay the defense of property thereof; or (3) To wear, carry or display, without authority, any means of identification specified by the Snohomish County Department of Emergency Management or state division of emergency management. (Res. 80-136A § 1, adopted April 28, 1980; § 9 of Res. adopted March 31, 1958; Ord. 02-104, January 8, 2003, Eff date January 20, 2003).

2.36.100 Emergency management advisory board established.

There is hereby established a Snohomish county emergency management advisory board, hereinafter referred to as the "advisory board", to assist the director of emergency management in reviewing and recommending policies relating to emergency management. (Added Ord. 05-123, Nov. 9, 2005, Eff date Jan. 1, 2006)

2.36.110 Composition of the board.

(1) The advisory board shall be composed of one member from each city, town or tribe that contracts with the county through an interlocal agreement for emergency management services. Additionally, the director will participate as an ex officio representative to the advisory board, serving as a liaison between the county and the members, but will not be a voting member. (2) The initial member for each contracting city, town or tribe shall be the city, town or tribes executive head. (3) The executive head of any city, town or tribe may designate an alternate representative to the advisory board, such designation to be made in a writing delivered to the county prior to the meeting at which the alternate will be entitled to vote. (4) One representative of each city or town within the county that has established a local organization performing emergency management services in accordance with RCW 38.52.070, and one representative of each joint local organization within the county performing emergency management services in accordance with RCW 38.52.070, shall be entitled to participate on the advisory board. Such representatives shall not be voting members of the advisory board. (Added Ord. 05-123, Nov. 9, 2005, Eff date Jan. 1, 2006)

2.36.120 Meeting and election of officers.

The advisory board shall meet as necessary, but at least quarterly. It shall act under Robert's Rules of Order, adopt by-laws and elect its chairperson and vice chairperson from within the board membership. (Added Ord. 05-123, Nov. 9, 2005, Eff date Jan. 1, 2006)

2.36.130 Duties of the advisory board. (1) The board shall serve in an advisory capacity and have the power to make recommendations to the county.

(2) The board shall advise the director of emergency management in recommending to the executive, actions on the following:

(a) Emergency management plans;

(b) The department’s budget;

(c) Rate schedules for emergency management service charges paid by contracting agencies; (d) Grant applications and utilization of awarded grant funds; and

(e) Other matters as requested by the county executive or the director.

(Added Ord. 05-123, Nov. 9, 2005, Eff date Jan. 1, 2006; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007)

Chapter 2.38

SECURITY MANAGEMENT

2.38.010 Purpose of chapter.

The purpose of this chapter to centralize and assign to the sheriff responsibility for planning, coordination, and provision of security services for county facilities subject to oversight by a county facility security committee composed of county officials representing the executive, legislative, and judicial branches of county government.

(Added by Amended Ord. 07-120, Nov. 19, 2007, Eff date Jan. 1, 2008)

2.38.020 Definitions.

In this chapter, unless the context clearly requires otherwise,

(1) "County facility" means real property owned or managed by the county and used for county purposes, including park property, wherever located within the county;

(2) "Facility security committee" means the committee established by SCC 2.38.040;

(3) "Marshal" mean a security marshal appointed by the sheriff under SCC 2.38.050;

(4) "Security program" means a comprehensive system of plans, policies, procedures, and operations designed to provide reasonable levels of security for county facilities;

(5) "Sheriff" means the Snohomish County Sheriff.

(Added by Amended Ord. 07-120, Nov. 19, 2007, Eff date Jan. 1, 2008)

2.38.030 Sheriff's facility security unit.

(1) There is hereby established a facility security unit within the sheriff's office. The unit shall develop and implement a security program for county facilities under the supervision of the sheriff and in accordance with plans approved by the facility security committee. The security program shall include management of technology that is directly related to facility security such as key card access systems, security cameras, and weapon screening devices.

(2) The facility security unit shall coordinate its activities with other county offices and agencies, including the department of facilities management and superior and district courts, which shall provide access to county property, equipment, and facilities as required by the facility security unit. The sheriff shall provide administrative support for the facility security committee. (3) The facility security unit shall concern itself with changing technologies in the management of security programs and shall, when feasible and subject to available funds, expedite development and implementation of technologies that will promote efficiencies and other improvements in the security program.

(Added by Amended Ord. 07-120, Nov. 19, 2007, Eff date Jan. 1, 2008)

2.38.040 Facility security committee.

(1) There is hereby established a county facility security committee composed of one representative designated by each of the following county offices or agencies: assessor, auditor, clerk, council, department of corrections, district court, executive, prosecuting attorney, sheriff, superior court, and treasurer. The committee shall be chaired by the presiding judge of the superior court.

(2) The facility security committee shall approve one or more security plans for county facilities for which security is provided by the sheriff's facility security unit. The security plans shall provide direction to the sheriff's facility security unit as determined appropriate by the committee consistent with the budget for the unit adopted by the council.

(3) The facility security committee shall meet at least quarterly to review the security program and make recommendations to the sheriff's facility security unit. On or before October 1 of each year the committee shall provide a written report to the council containing a description of the security program and, if determined appropriate by the committee, recommendations for legislative action.

(Added by Amended Ord. 07-120, Nov. 19, 2007, Eff date Jan. 1, 2008)

2.38.050 Security marshals.

(1) The sheriff shall appoint and assign to the facility security unit security marshals to provide security services for the county campus and Denney Juvenile Justice Center in Everett in accordance with a security plan approved by the facility security committee under SCC 2.38.040. Subject to available funds, the sheriff may appoint and assign to the unit such additional security marshals for the county campus, Denney Juvenile Justice Center, or other county facilities as the sheriff determines appropriate, provided that security marshals shall not be assigned to county parks unless requested by the director of the department of parks and recreation.

(2) The sheriff shall deputize security marshals as limited commission special deputy sheriffs with such qualifications, training, and authority as the sheriff determines appropriate, which shall be stated in writing, provided that security marshals shall at minimum have authority to:

(a) conduct lawful searches of individuals and tangible items in furtherance of county facility security;

(b) make lawful arrests or detentions of individuals and seizures of tangible items (including but not limited to firearms and other weapons) that are illegal to possess or that may pose a security threat on or about county facilities; and

(3) The appointment and assignment of security marshals shall not affect the authority of other deputy sheriffs or law enforcement officers.

(Added by Amended Ord. 07-120, Nov. 19, 2007, Eff date Jan. 1, 2008) Chapter 2.40 WASHINGON STATE ASSOCIATION OF COUNTY COMMISSIONERS

2.40.010 Coordinating agency.

Snohomish county does hereby designate the Washington state association of county commissioners as the coordinating agency in the execution of duties imposed by chapter 188, laws of 1939, and for all other lawful purposes. (Res. adopted May 22, 1939).

2.40.020 Reimbursing association.

The Washington state association of county commissioners shall be reimbursed, within the statutory annual limitation, for any expenses incident to its services when duly prepared vouchers are submitted to the county auditor and approved by the board of county commissioners in manner provided by law for the disbursement of the current expense fund. (Res. adopted May 22, 1939).

Chapter 2.44 METROPOLITAN MUNICIPAL CORPORATION

2.44.010 Corporation created.

The area bounded as follows:

The east boundary is the eastern boundary of Snohomish county.

The south boundary is the southern boundary of Snohomish county.

The west boundary is the western boundary of Snohomish county.

The north boundary begins at a point on the west boundary of Snohomish county due west of the junction of the south shore line of the Snohomish River and Port Gardner Bay; thence east to the junction of the south shore line of the Snohomish River and Port Gardner Bay, excluding Sections 8, 9, 16, and 17, Township 29 North, Range 4 E.W.M. (Gedney Island); thence along the south shore lines of the Snohomish River, the Skykomish River and the north fork of the Skykomish River to the junction of the south shore line of the north fork of the Skykomish River and north line of Township 27 North, Range 10 E.W.M.; thence east along the north line of Township 27 North to the eastern boundary of Snohomish county; be and the same is hereby established as a Metropolitan Municipal Corporation authorized to perform the functions of Metropolitan Comprehensive Planning in accordance with Chapter 213, Laws of 1957. (Res. adopted January 20, 1958).

Chapter 2.47 SNOHOMISH COUNTY VOTING PRECINCTS 2.47.010 Purpose.

The purpose of this chapter is to provide for adoption and revision of voting precincts and to implement boundary changes resulting from redistricting following the federal decennial census, local annexations and incorporations, and other causes. (Added Ord. 92-084, July 15, 1992; Amended Ord. 02-013, April 24, 2002, Eff date May 9, 2002).

2.47.020 Standards for precinct boundaries.

(1) Pursuant to RCW 29A.16.040, RCW 29A.16.050 and RCW 29A.76.010, all precinct boundaries shall follow visible, physical features delineated on the most current maps provided by the United States census bureau except as provided therein. Pursuant to RCW 29A.16.050 and RCW 3.38.050, no precinct boundary may be dissected by a congressional district, legislative district, county council district, or district court district boundary.

(2) Precincts shall contain no more than one thousand active registered voters per precinct. (Added Ord. 92-084, July 15, 1992; Amended Ord. 97-024, § 1, May 14, 1997, Eff date May 26, 1997; Amended Ord. 02-013, April 24, 2002; Eff date May 9, 2002; Ord. 05-037, June 15, 2005; Eff date June 26, 2005; Amended by Ord. 12-008, Feb. 29, 2012, Eff date March 15, 2012).

2.47.030 Precincts adopted. (1) The adopted voting precinct boundaries for the county are those set forth in the precinct map books maintained on file with the clerk of the council and the Snohomish county auditor's office, subject to revision from time to time in accordance with SCC 2.47.040. (2) To implement boundary changes resulting from redistricting following the federal decennial census and to implement changes that are necessary to maintain conformance with applicable laws in accordance with SCC 2.47.040, the precinct boundaries adopted by subsection (1) are revised cumulatively as set forth in the following documents: (a) Exhibit A attached to Ordinance 02-116 (b) Exhibit A attached to Ordinance 03-046 (c) Exhibit A attached to Ordinance 04-054 (d) Exhibit A attached to Ordinance 05-037 (e) Exhibit A attached to Ordinance 06-035 (f) Exhibit A attached to Ordinance 07-028 (g) Exhibit A attached to Ordinance 08-061. (h) Exhibit A attached to Ordinance 09-021. (i) Exhibit A attached to Ordinance 10-015. (j) Exhibit A attached to Ordinance 11-012. (k) Exhibit A attached to Ordinance No. 12-016. Copies of these documents are on file with the clerk of the council and the Snohomish county auditor's office. (Added Ord. 92-084, July 15, 1992; Amended Ord. 97-024, § 2, May 14, 1997, Eff date May 26, 1997; Ord 02- 016, April 24, 2002, Eff date May 9, 2002; Ord 03-046, May 21, 2003, Eff date June 8, 2003; Ord 04-054, May 26, 2004, Eff date June 13, 2004; Ord. 05-037, June 15, 2005; Eff date June 26, 2005; Ord. 06-035, May 31, 2006, Eff date June 15, 2006; Ord. 07-028, May 16, 2007, Eff date May 28, 2007; Amended by Ord. 08-061, April 30, 2008, Eff date May 17, 2008; Amended by Ord. 09-021, April 1, 2009, Eff date April 17, 2009; Amended by Ord. 10-015, April 21, 2010, Eff date May 6, 2010; Amended by Ord. 11-012, Apr. 20, 2011, Eff date May 6, 2011; Amended by Ord. 12-016, Apr. 4, 2012, Eff date Apr. 21, 2012).

2.47.040 Revision of precinct boundaries

(1) Following each federal decennial census the auditor shall propose and submit to the county council for adoption revisions to the voting precincts adopted under this chapter as necessary to implement boundary changes resulting from redistricting, provided that the proposed revisions shall be submitted to the council for adoption by ordinance no later than May 1 of the applicable year.

(2) The county auditor may temporarily adjust precinct boundaries as set forth in RCW 29A.16.040 and 29A.16.050 to maintain conformance with applicable state laws, provided that the revised voting precincts shall be submitted to the county council for adoption by ordinance no later than May 1 of each year. (Added Ord. 92-084, July 15, 1992; Amended Ord. 02-013, April 24, 2002, Eff date May 9, 2002; Ord. 05-037, June 15, 2005, Eff date June 26, 2005).

Chapter 2.48 COUNCIL MEETINGS

2.48.010 Places for meetings.

Regular meetings of the county council shall be held in the Henry M. Jackson Board Room, Robert J. Drewel Building, eighth floor, 3000 Rockefeller Avenue, Everett, Washington. The place of special meetings or adjourned regular or special meetings shall be as specified in SCC 2.48.030 or 2.48.050. If by reason of fire, flood, earthquake or other emergency there is a need for expedited action of the county council to meet the emergency, the council chairperson may provide for a meeting site other than the regular meeting site and the notice requirements of SCC 2.48.030 through 2.48.070 shall be suspended during such emergency. (Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011).

2.48.020 Regular meetings.

(1) Regular meetings of the council shall be held on Monday and Wednesday of each week, beginning at 9:00 a.m. and adjourning at such time as the chairperson or a majority of the council shall determine. The Monday meeting shall include an administrative session and the Wednesday meeting shall include a general legislative session, provided that such sessions shall not limit council action at other meetings. If any regular meeting falls on a holiday, such regular meeting shall be held on the next business day unless cancelled by the chairperson or a majority of the council.

(2) Regular meetings of council committees shall be held in accordance with SCC 2.48.170 or 2.48.172. Regular meetings of council standing committees composed of three or more council members shall also constitute regular council meetings at the times stated in SCC 2.48.170, provided that the meetings shall be conducted as committee meetings and council action shall be limited as set out in SCC 2.48.170. (Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002; Amended Ord. 06-001, Jan. 25, 2006, Eff. date Feb. 16, 2006; Amended Ord. 07-012, February 21, 2007, Eff March 9, 2007; Amended by Ord. 08-106, Sept. 3, 2008, Eff date Sept. 15, 2008; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011).

2.48.030 Special meetings.

(1) A special meeting of the council or a council committee may be called at any time by the chairperson or by a majority of the council or council committee by delivering written notice personally or by mail to each member of the council or council committee and to each local newspaper of general circulation and to each local radio or television station which has on file with the council a written request to be notified of such special meeting or of all special meetings. Special meetings of council committees composed of three or more council members and regular meetings of ad hoc committees composed of three or more council members shall also be noticed as special council meetings when council action may be taken within the meaning of RCW 42.30.020(3), provided that the meetings shall be conducted as committee meetings and council action shall be limited as set out in SCC 2.48.170 or 2.48.172.

(2) Such notice must be delivered at least twenty-four hours before the time of the meeting specified in the notice. The notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken at such meeting on any matter other than as stated in the notice. Written notice may be dispensed with as to any member who prior to the time of meeting files with the clerk of the council written waiver of notice, or as to any member actually present at the meeting at the time it convenes. The council or council committee may dispense with notice of a special meeting called to deal with an emergency involving injury to persons or property or the likelihood of such injury or damage when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. (Ord. 80-012 § 2, adopted June 2, 1980, Amended Ord. 02-047, October 16, 2002, Eff Date December 1, 2002; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011). 2.48.035 Attendance by telephonic means.

(1) A member of the council may attend and participate in all or part of a council or council committee meeting by speakerphone or other form of telephonic communication by means of which the member can hear what is said at the meeting and be heard by other persons attending the meeting. Participation may include voting on any matter before the council or committee. A member who is physically present must preside over the meeting. (2) This section shall not apply to (a) a meeting at which a quorum is not physically present at the meeting, or (b) a closed record appeal hearing conducted under SCC 30.72.110. (3) A member may attend no more than six meetings by telephonic means per calendar year. A member who plans to attend a meeting by telephonic means is requested to provide notice at a regular meeting prior to the meeting to be attended by telephonic means. If such notice is not provided the member shall provide reasonable notice to the clerk of the council, who shall be responsible for making necessary arrangements. (Added Ord. 07-114, Nov. 5, 2007, Eff date Dec. 6, 2007; Amended by Ord. 08-134, Oct. 29, 2008, Eff date Nov. 24, 2008; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011)

2.48.040 Recesses.

Any meeting may be recessed at any time by the chairperson or a majority of the council or council committee. (Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff Date December 1, 2002; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011).

2.48.050 Adjournments.

The council or a council committee may adjourn any meeting to a time and place stated by the chairperson in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from a regular or adjourned regular meeting, the clerk of the council may declare the meeting adjourned to a stated time and place. The clerk shall cause written notice of an adjournment to be given as provided in SCC 2.48.030 except that the adjournment may be for less than twenty-four hours, unless such notice is waived as provided in that section. The clerk shall cause written notice of any adjournment to be conspicuously posted immediately after the time of adjournment on or near the door of the place where the meeting adjourned was held. Any adjourned meeting of a regular or adjourned regular meeting is a regular meeting for all purposes. If an order of adjournment fails to state the time at which the adjourned meeting is to be held, it shall be held at the hour specified for the next regular meeting. (Ord. 80-012 § 2, adopted June 2, 1980, Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011).

2.48.060 Continuances.

Any hearing being held, noticed or ordered to be held by the council or a council committee may be continued or recontinued to a subsequent meeting. (Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011). 2.48.070 Meetings open to the public.

All meetings of the council and council committees shall be open to the public, and all persons shall be permitted to attend such meetings, except that this section shall not apply to executive sessions as authorized by the laws of the state of Washington. The council shall not adopt any ordinance, resolution, or motion except at a meeting open to the public and held according to the provisions of this chapter. This section shall not apply to the proceedings described in RCW 42.30.140. (Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011).

2.48.080 Chairperson.

(1) The chairperson shall preside over all council meetings including meetings of the committee of the whole, manage the general affairs of the council, provide supervision over council employees, answer inquiries and correspondence not requiring consideration by the entire council, and be the formal representative of the council, all subject to such direction and control as the council may provide. The chairperson shall sign all documents requiring the signature of the council, and the chairperson's signature shall be as legal and binding as if all members had affixed their names. The chairperson shall appoint members of all committees of the council and refer proposed legislation to committee, subject to such direction and control as the council may provide.

(2) On the first regular meeting day of each year, the council shall elect the chairperson and vice chairperson, who shall serve as chairperson in the absence of the chairperson. The regular terms of the chairperson and vice chairperson, who shall serve at the pleasure of the council, shall be for one calendar year and until their successors are elected. The council shall fill any vacancy occurring in either position at any time. In the absence of both the chairperson and the vice chairperson, a temporary chairperson shall be elected by the council to serve as chairperson during such absence. (Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002).

2.48.090 Chief of staff, clerk, staff.

(1) The council shall designate and appoint such persons as it deems appropriate to be the chief of staff, clerk of the council, assistant clerk or clerks, and such additional employees as are necessary to assist the council in the performance of its functions as provided in the charter and ordinances passed by the council.

(2) The chief of staff shall coordinate work and the providing of information among council members, coordinate action and the providing of information between the county executive and the council, work with the chairperson and clerk of the council on the calendar and agendas, supervise the clerk of the council and staff and perform such other duties as are delegated by the council through the chairperson. The chief of staff shall serve at the pleasure of a majority of the council, and shall be exempt from the county personnel system as provided in SCC 3.68.010(9) and 3A.01.020.

(3) The clerk of the council shall be its clerk, attend meetings and hearings of the council as directed by the chief of staff, cause minutes of meetings and hearings of the council to be kept as required by law, coordinate meetings and hearings of the council or its members with other county officials, supervise routine management of council affairs subject to the supervision of the chief of staff, and perform such other duties as are delegated by the chief of staff.

(4) The assistant clerk shall carry out the duties of the clerk of the council in the clerk's absence, and perform such duties as are delegated by the clerk of the council. (Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002).

2.48.100 Quorum -- Vote.

A majority of the council shall constitute a quorum. Council action shall require at least three affirmative votes unless a higher vote is required by state law or by the county charter or ordinance. (Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002).

2.48.110 Agenda.

(1) No later than 3:00 p.m. on the work day immediately preceding each regular council meeting other than a council committee meeting the clerk shall prepare and deliver the agenda for such regular council meeting to the offices of each council member and the county executive, and shall post the agenda in a prominent location near the entrance to the council chambers. The clerk shall likewise prepare and deliver a preliminary agenda for each Wednesday general legislative session by the close of business the preceding Friday. Changes to the agenda, other than the preliminary agenda, must be approved by the chairperson or a majority of the council.

(2) The agenda for a Wednesday general legislative session may include a consent agenda and council action by motion on scheduling or other administrative matters, which motion shall be prepared by the clerk. Proposed legislation may be placed on the consent agenda at the request of a committee chairperson if a hearing is not required. If a council member objects to placement of proposed legislation on the consent agenda, the proposed legislation shall be removed from the consent agenda and considered separately by the council. Proposed legislation on the consent agenda is not subject to amendment. All items on the consent agenda may be adopted in one motion.

(3) Except as directed by the chairperson or a majority of the council, the agenda for the Monday administrative session shall be substantially as follows: (a) Call to order; (b) Special reports; (c) Approval of minutes; (d) Public comment; (e) Introduction and assignment of legislation to committees; (f) Clerk's report on pending legislation; (g) Reports of council committees: (i) Finance and economic development, (ii) Law and justice/human services, (iii) Operations, (iv) Planning and community development, (v) Public works, (vi) Committee of the whole; (h) Reports of outside committees; (i) Chairperson's report; (j) Chief of staff's report; (k) Action on items from committee of the whole; (l) Other business; (m) Executive session (as needed). (4) Except as directed by the chair or a majority of the council, the agenda for the Wednesday general legislative session shall be substantially as follows: (a) Call to order; (b) Pledge of allegiance; (c) Approval of minutes; (d) Public comment; (e) Committee of the whole; (f) Resolutions; (g) Consent agenda; (h) Administrative matters; (i) Action on items from committee: (i) Finance and economic development, (ii) Law and justice/human services, (iii) Operations, (iv) Planning and community development, (v) Public works, (vi) Committee of the whole; (j) Other business; (k) Executive session (as needed); (l) Public meetings/hearings.

(Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002; Amended Ord. 06-001, Jan. 25, 2006, Eff date Feb. 16, 2006; Amended Ord. 07-012, February 21, 2007, Eff date March 9, 2007; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011).

2.48.115 Minutes -- Records.

(1) Minutes of all regular and special council meetings, except executive sessions, shall promptly be prepared by the clerk of the council. Minutes of all regular and special council committee meetings, except executive sessions, shall be prepared as directed by the chief of staff. Tapes or other electronic recordings shall be taken of all council and council committee meetings and such other sessions as the chief of staff may require.

(2) If any person or organization not acting on behalf of the county requests a copy of a tape or other recording of a council or council committee proceeding, a copy shall be provided by the clerk at the expense of the requesting person or organization. The clerk shall be under no obligation to transcribe any tape or other recording, and all responsibilities and costs with respect to the preparation of a transcript shall be borne by such person or organization. Disclosure of public records is governed by chapter 2.51 SCC.

(Ord. 80-109, adopted December 15, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011).

2.48.118 Executive/Council Approval Form (ECAF)

(1) The chairperson, after consultation with the county executive, shall adopt a standard transmittal form for proposed council action, to be known as the executive/council approval form or ECAF. The standard transmittal form shall contain blanks to be completed by or on behalf of the county officer proposing or reviewing proposed council action. It shall be directed to the chairperson and filed with the clerk of the council. In addition to other matters required by the chairperson, the ECAF shall include blanks in which to identify the type of action proposed; describe its background and purpose; estimate its fiscal impact on the county for the current year and at least five years thereafter; indicate departmental reviews, if any; and make recommendations to the council. (2) ECAFs and related documents for council action proposed by a county officer other than a county council member must be routed through the county executive's office. Following receipt of an ECAF and related documents the executive shall consider the proposed action, indicate any recommendation on the ECAF, and file the ECAF and related documents with the clerk of the council.

(Added Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011)

2.48.122 Introduction and referral of ordinances.

(1) Proposed ordinances may be introduced by any council member, initiative, or mini-initiative. Proposed ordinances shall be introduced in their entirety in writing. (2) Upon filing with the clerk of the council with the signature of at least one council member on an introduction form approved by the clerk, or upon receipt by the council of a proposed ordinance submitted as an initiative or mini-initiative under Article 5 of the Snohomish County Charter, the clerk shall assign the proposed ordinance a number and place it on the agenda of the next Monday administrative session for referral to a council committee, provided that the chairperson or a majority of the council may direct that it be placed on the agenda of an earlier council meeting. The agenda shall identify the proposed ordinance by number and title, and name the committee or committees to which it will be referred. If a council member objects to a committee referral, the referral shall be made by a majority of the council. (3) If at a regular council meeting a council member wishes to obtain committee referral of a proposed ordinance that has not been placed on the agenda, the council member shall file the proposed ordinance with the clerk along with a signed introduction form. The clerk shall read the title and assign a number to the proposed ordinance and the chairperson or council shall refer the ordinance to one or more council committees. (4) A proposed ordinance referred to more than one committee shall be considered by the committees in the order specified in the referral. (5) At least once each week the clerk of the council shall deliver to council members and the chief of staff a list of ordinances received from the county executive that have not been introduced, along with the tracking number of corresponding ECAFs. If an ordinance received from the county executive is not introduced by a council member within thirty days after the proposed ordinance and corresponding ECAF are filed with the clerk of the council, the clerk shall place the matter on the agenda of the next Monday administrative session under special reports. At that session the county officers identified in the ECAF shall be given an opportunity to address the council on the proposed legislation. (Added Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011)

2.48.123 Presentation and referral of motions.

(1) Proposed motions may be presented for council consideration by filing the proposed motion with the clerk of the council with an ECAF signed by a county officer, provided that any motion not proposed by a council member must be routed through the county executive's office pursuant to SCC 2.48.118. Proposed motions shall be presented in their entirety in writing. (2) Upon the filing of a proposed motion and ECAF, the clerk shall assign the motion a number and place it on the agenda of the next Monday administrative session for referral to a council committee, provided that the chairperson or a majority of the council may direct that it be placed on the agenda of an earlier council meeting. The agenda shall identify the proposed motion by number and title and name the committee or committees to which it will be referred. If a council member objects to a committee referral, the referral shall be made by a majority of the council. (3) If at a regular council meeting a council member wishes to obtain committee referral of a proposed motion that has not been placed on the agenda, the council member shall file the proposed motion with the clerk along with a signed ECAF. The clerk shall read the title and assign a number to the proposed motion, and the chairperson or council shall refer the motion to one or more council committees. (4) A proposed motion referred to more than one committee shall be considered by the committees in the order specified in the referral. (Added by Ord. 11-017, May 11, 2011, Eff date May 27, 2011)

2.48.124 Committee action on proposed ordinances and motions.

(1) All proposed ordinances and motions shall be referred to a council committee prior to adoption by the council, except emergency ordinances. A proposed ordinance or motion may be referred to the committee of the whole or to an ad hoc committee appointed under SCC 2.48.172 in lieu of a standing committee. (2) Except for the committee of the whole or an ad hoc committee appointed under SCC 2.48.172, committee recommendations on proposed ordinances and motions shall be filed with the clerk of the council on a standard committee recommendation form approved by the clerk. The committee recommendation form shall include, in addition to other matters required by the clerk or SCC 2.48.170, blanks in which to indicate the number and title of the ordinance or motion and the date of the committee action, and to request that the clerk place the matter on the consent agenda or prepare a motion on scheduling or other administrative matters pursuant to SCC 2.48.110(2). Upon receipt of a committee recommendation, the clerk shall place the ordinance or motion on the agenda of the next Wednesday general legislative session for scheduling a public hearing or other action, unless otherwise requested by the committee chairperson and approved by the chairperson. (3) Not less than forty-five days after a proposed ordinance or motion is referred to a council committee, two members of the council may by written notice to the chairperson, filed with the clerk of the council, recall the proposed ordinance or motion from committee for consideration by the council, regardless of prior committee action, except that a proposed ordinance or motion may be recalled only once; and further provided that less than forty-five days may have passed if the purpose of the recall is to place the matter before the council for consideration in conjunction with the budget. Upon the filing of such notice the clerk shall place the matter on the next council agenda for scheduling a public hearing on a proposed ordinance or for action on a proposed motion. (Added Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007; Amended by Ord. 08-106, Sept. 3, 2008, Eff date Sept. 15, 2008; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011)

2.48.125 Certain matters exempt. The following council actions are not subject to SCC 2.48.118, 2.48.122, and 2.48.124, except that the clerk of the council shall assign numbers to resolutions and other council actions as directed by the chief of staff: (1) Resolutions; (2) Oral procedural or parliamentary motions; (3) Oral or written motions relating to quasi-judicial matters; (4) Oral or written motions relating to organization or administration of the legislative branch, including matters relating to council staff; (5) Oral or written motions relating to legal services, including instructions to the prosecuting attorney and actions relating to the rules of professional conduct; (6) Oral or written motions requesting information from other agencies of county government; (7) Oral or written motions relating to routine administrative matters as determined by the chairperson, which may include acceptance of deeds and other legal instruments on behalf of the county; and (8) Oral or written motions relating to a matter described in RCW 42.30.140.

(Added Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002)

2.48.126 Passage of ordinances. (1) At least thirteen days shall pass between introduction and final passage of every ordinance, except emergency ordinances. The council shall hold at least one public hearing after due notice to consider the proposed ordinance. Any proposed ordinance may be amended by motion at hearing without publication, provided that such amendments shall not change the scope and object of the proposed ordinance. On final passage the vote must be taken by roll call vote of yeas and nays. Following passage, the ordinance shall be signed by the chairperson of the council, or the vice chairperson in the absence of the chairperson. (2) The clerk of the council shall present every ordinance to the county executive within five working days after adoption by the council. Presentation shall be by personal delivery to the county executive or the executive's secretary. Within 10 working days after presentation, the county executive shall either sign the ordinance and return it or, except for an emergency ordinance, veto the ordinance and return it to the council with written objections. If an ordinance is not returned to the clerk of the council within 10 working days after its presentation, the ordinance shall be deemed enacted without the county executive's signature. (3) If the county executive vetoes an ordinance, the council shall have 30 days from the date of veto to reconsider the ordinance. Upon the request of a council member, the clerk shall place the ordinance on the agenda for reconsideration at a time and date within 30 days from the date of veto as directed by the chairperson. If upon reconsideration the ordinance receives at least four affirmative votes, it shall become law. (4) Except as otherwise provided by the county charter, all ordinances shall take effect 10 days after they are signed by the county executive or otherwise enacted, or at a later date as stated in the ordinance. (Added Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002)

2.48.130 Publication of ordinances.

(1) Upon the scheduling of a public hearing on any ordinance other than an emergency ordinance the clerk shall cause a notice, which shall include the time and place initially set for hearing and a copy of the ordinance or a summary thereof prepared by the clerk and approved by the chairperson, to be published for one issue in the official county newspaper designated pursuant to chapter 36.72 RCW.

(2) Following final passage of any ordinance, the clerk shall cause a notice of enactment, which shall include a copy of the ordinance or summary as provided above, to be published for one issue in the official county newspaper. (Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002).

2.48.140 Form of ordinances.

Ordinances shall be numbered so as to include the year of introduction and shall be numbered in the order of introduction in any such year. No ordinance shall contain more than one subject which shall be clearly expressed in the title. No previously adopted ordinance shall be amended unless the new ordinance sets forth each amended section or subsection at full length, and no ordinance shall be repealed unless the repealing ordinance includes a reference to the ordinance that is repealed. Ordinances may, by reference, adopt Washington state statutes, or any recognized printed codes or compilations in whole or in part. All ordinances which establish programs requiring funding shall provide for repeal on the date six years following enactment unless reenacted prior to that date. (Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002).

2.48.150 Emergency ordinances.

Any proposed ordinance may be enacted as an emergency ordinance if the council finds as a fact, and states in the ordinance, that the ordinance is necessary for the immediate preservation of public peace, health or safety or for the support of county government and its existing public institutions. A minimum of four affirmative votes shall be required to enact an emergency ordinance. Emergency ordinances shall not be subject to veto by the county executive. Emergency ordinances shall be effective upon passage by the council. (Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011).

2.48.160 Resolutions.

The council may pass resolutions to express its opinion concerning any item of business or matter of administration coming within its powers. Resolutions shall not have the force of law, shall not be subject to veto by the county executive, and the council, in passing resolutions, need not comply with procedural requirements for the introduction, consideration, and passage of ordinances. (Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002).

2.48.165 Motions.

The county council may pass motions to confirm or reject nominations or appointments, to adopt comprehensive plans, to approve interfund loans, to organize and administer the legislative branch, to perform other administrative acts, to issue rulings in quasi-judicial proceedings except rezone actions, and to request information from any other agency of county government. Except as specifically provided in this chapter, motions shall not be subject to veto or the requirements for the introduction, consideration and passage of ordinances. (Added Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002)

2.48.170 Council standing committees.

(1) The chairperson shall appoint the members of council standing committees, and for each committee shall designate a committee chairperson. Standing committees are advisory bodies and cannot take final council action within the meaning of RCW 42.30.020(3). Any council member may attend and participate in meetings of standing committees so long as written notice of a special council meeting is given for any special committee meeting attended by three or more council members when council action is taken within the meaning of RCW 42.30.020(3) and written notice of the meeting is required by SCC 2.48.030.

(2) Meetings of standing committees shall be subject to the requirements of SCC 2.48.030 through 2.48.070, to the extent applicable, provided that any regular meeting may be cancelled by the committee chairperson and the committee chairperson or a majority of the committee may call a special meeting. Regular meetings of standing committees shall be held twice monthly in the Henry M. Jackson Board Room, Robert J. Drewel Building, eighth floor, 3000 Rockefeller Avenue, Everett, Washington, at the times stated in subsection (3), except that if any regular meeting falls on a holiday such regular meeting shall be held on the next business day unless cancelled by the committee chairperson or a majority of the committee.

(3) The following standing committees and regular meeting times are established:

(a) Finance and economic development – second and fourth Tuesday at 10:30 a.m.; (b) Law and justice/human services – second and fourth Monday at 1:30 p.m.; (c) Operations – first and third Monday at 1:30 p.m.; (d) Planning and community development – first and third Tuesday at 10:30 a.m.; (e) Public works – first and third Tuesday at 9:00 a.m.

(4) Any recommendation of a council standing committee shall be reduced to writing and signed by the committee chairperson. Written majority or minority reports may be filed by members of the committee. Committee recommendations shall be filed with the clerk of the council pursuant to SCC 2.48.124. (Ord. 80-012 § 2, adopted June 2, 1980; Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002; Ord. 03-007, March 5, 2003, Eff date March 20, 2003; Amended Ord. 07-012, February 21, 2007, Eff date March 9, 2007; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011; Amended by Ord. 12-003, Jan. 23, 2012, Eff date Feb. 3, 2012).

2.48.172 Council ad hoc committees.

(1) The council or council chairperson may appoint ad hoc committees of council members for any proper council purpose, subject to such direction and control as the council may provide. Council action under this section may be taken by motion. (2) An ad hoc committee appointed under this section may be identified as a committee, subcommittee, panel, or other body as determined by the appointing authority. Ad hoc committees are advisory bodies and cannot take final council action within the meaning of RCW 42.30.020(3). Any council member may attend and participate in meetings of ad hoc committees so long as written notice of a special council meeting is given for any regular or special committee meeting attended by three or more council members when council action is taken within the meaning of RCW 42.30.020(3) and written notice of the meeting is required by SCC 2.48.030. (3) Meetings of ad hoc committees appointed under this section shall be subject to the requirements of SCC 2.48.030 through 2.48.070, to the extent applicable, provided that the council or committee shall provide a schedule for holding regular meetings, if any. Any regular meeting may be cancelled by the committee chairperson, and the committee chairperson or a majority of the committee may call a special meeting. Unless otherwise specified, regular meetings shall be held in the Henry M. Jackson Board Room, Robert J. Drewel Building, eighth floor, 3000 Rockefeller Avenue, Everett, Washington. (Added Ord. 08-106, Sept. 3, 2008, Eff date Sept. 15, 2008; Amended by Ord. 11-017, May 11, 2011, Eff date May 27, 2011)

2.48.175 Lapse and reintroduction of ordinances.

A proposed ordinance that is not passed by the council by the end of the calendar year in which it is introduced lapses if not reintroduced, passed, or defeated by February 1 of the following year. A proposed ordinance is reintroduced upon filing with the clerk of the council with the signature of at least one council member on a reintroduction form approved by the clerk. A proposed ordinance that is reintroduced retains the number originally assigned by the clerk. (Added Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002; Amended by Ord. 11-017, May 11, 2011, Eff date May 17, 2011) 2.48.180 Suspension of rules. The procedures set forth in this chapter may be suspended in specific instances by three affirmative votes unless a higher vote is required by state law or by the county charter or ordinance. (Added Amended Ord. 02-047, October 16, 2002, Eff date December 1, 2002)

2.48.190 Initiative, mini-initiative, and referendum.

Procedural requirements with respect to initiative, mini-initiative, or referendum as contained in the charter and any ordinances relating thereto shall control over any inconsistent provisions of this chapter. (Ord. 80-012 § 2, adopted June 2, 1980).

2.48.200 Severability.

If any provisions of this chapter or its application to any persons or circumstances is held invalid, the remainder of this chapter and the application of its provisions to other persons or circumstances shall not be affected. (Ord. 80-012 § 2, adopted June 2, 1980).

Chapter 2.49 LOCAL VOTERS' PAMPHLET

2.49.010 Publication and distribution.

(1) The county auditor is hereby authorized to publish and distribute a local voters' pamphlet in conformity with provisions of chapter 29A.32 RCW for each primary and general election. A local voters' pamphlet may be authorized by the county auditor for special elections on an election by election basis if requested by a unit of local government for which an office or measure is scheduled to appear on the special election ballot. The local voters' pamphlet shall include:

(a) all county candidates and measures;

(b) all candidates and measures of each participating unit of local government.

(2) Where a unit of local government is located within more than one county, the county auditor is authorized to negotiate and execute an interlocal agreement with the auditor of the adjoining county to permit distribution of each county's local voters' pamphlet into those parts of the unit of local government located outside of that county.

(3) The county auditor is authorized to negotiate and execute an interlocal agreement with the State to combine the local voters’ pamphlet with the state voters’ pamphlet if, in the opinion of the county auditor, this arrangement would best serve the voters and citizens of Snohomish County. (Added Ord. 90-172, October 31, 1990; Amended Ord. 93-138, § 1, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended Ord. 97-041, § 1, May 28, 1997, Eff date June 12, 1997; Amended Ord. 09-030, § 1, April 29, 2009, Eff date May 14, 2009).

2.49.020 Notification. Not later than ninety days prior to any election for which a local voters' pamphlet will be published and distributed, the county auditor shall notify each city, town, and special taxing district located partially or wholly within Snohomish county that a local voters' pamphlet will be published and distributed. (Added Ord. 90-172, October 31, 1990; Amended Ord. 93-138, § 2, Dec. 22, 1993, Eff date Jan. 1, 1994; Amended Ord. 97-041, § 2, May 28, 1997, Eff date June 12, 1997).

2.49.030 Administrative rules.

The county auditor, in consultation with the participating units of local government, shall adopt and publish administrative rules necessary to facilitate the provisions of this chapter and chapter 29A.32 RCW. (Added Ord. 90-172, October 31, 1990; Amended Ord. 97-041, § 3, May 28, 1997, Eff date June 12, 1997; Amended Ord. 09-030, § 2, April 29, 2009, Eff date May 14, 2009).

2.49.040 Cost.

The cost of a local voters' pamphlet shall be considered an election cost to those units of local government included in the pamphlet and shall be prorated in the manner provided in RCW 29A.04.410. (Added Ord. 90-172, October 31, 1990; Amended Ord. 09-030, § 3, April 29, 2009, Eff date May 14, 2009).

2.49.050 Interlocal agreements.

The county auditor is authorized to negotiate and execute interlocal agreements as necessary to publish and distribute a local voters' pamphlet as authorized by this chapter. (Added Ord. 90-172, October 31, 1990; Amended Ord. 97-041, § 4, May 28, 1997, Eff date June 12, 1997; Amended Ord. 09-030, § 4, April 29, 2009, Eff date May 14, 2009).

2.49.060 Challenges to explanatory statements.

Any person dissatisfied with an explanatory statement prepared or reviewed and approved pursuant to RCW 29A.32.241 may, within five business days from the date set forth in the administrative rules for the local voters' pamphlet for filing the explanatory statement with the county auditor's office, appeal to the superior court for Snohomish county by petition. The petition shall set forth the proposed measure, the explanatory statement, and the objection thereto, and shall request amendment of the explanatory statement. A copy of the petition shall be served on the county auditor and the attorney who prepared or reviewed and approved the explanatory statement. The court shall, upon filing of the petition, examine the proposed measure, the explanatory statement, and the objection thereto and may hear argument thereon and shall, as soon as possible, render its decision and certify to and file with the county auditor such explanatory statement as it determines will meet the requirements of this chapter and RCW 29A.32.241. The decision of the superior court shall be final. (Added Ord. 90-172, October 31, 1990; Amended Ord. 97-041, § 5, May 28, 1997, Eff date June 12, 1997; Amended Ord. 09-030, § 5, April 29, 2009, Eff date May 14, 2009).

2.49.070 Undue financial hardship to participate in local voters' pamphlet.

If inclusion in the county's voters' pamphlet would create undue financial hardship for a city, town or district, the legislative authority of the city, town or district may petition the county council to waive inclusion in the voters' pamphlet. The county council may, by motion, provide such a wavier if it does so not later than sixty days before the publication of the pamphlet and it finds that inclusion in the voters' pamphlet would create an undue financial hardship on the city, town or district filing the petition. (Added Ord. 97-041, § 7, May 28, 1997, Eff date June 12, 1997).

Chapter 2.50 CODE OF ETHICS

2.50.010 Definitions

For the purpose of this chapter:

(1) "Action" means any decision, determination, finding, ruling or order; and any grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect thereto;

(2) "Appearance of Fairness" means that Doctrine applied by Washington State Courts and chapter 42.36 RCW to quasi-judicial actions;

(3) "Appointed official" means the chief deputy of any elected official, the chief officer or director of any office or department who is appointed by the executive or county council, any quasi-judicial officer and the members of the planning commission, the board of equalization, the boundary review board, and the ethics commission;

(4) "Compensation" includes payment in any form for real or personal property or services of any kind; PROVIDED, That "compensation" shall not include per diem allowances or payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.

(5) "Contribution" means a loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or transfer of anything of value, including personal and professional services, for less than full consideration, but does not include interest on moneys deposited in a political committee's account, ordinary home hospitality and the rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. Volunteer services, for the purposes of this chapter, means services or labor for which the individual is not compensated by any person. For the purposes of this chapter, contributions other than money or its equivalents shall be deemed to have a money value equivalent to the fair market value of the contribution. Sums paid for tickets to fund-raising events such as dinners and parties are contributions; however, the amount of any such contribution may be reduced for the purpose of complying with the reporting requirements of this chapter, by the actual cost of consumables furnished in connection with the purchase of the tickets, and only the excess over the actual cost of the consumables shall be deemed a contribution;

(6) "County employee" means any person, other than an elected or appointed official and judge or employee of superior and district courts, who is employed by the county or any elected or appointed official in their official capacity;

(7) "Elected official" means any person elected at a general or special election to any county public office, and any person appointed to fill a vacancy in any such office, except judges of the superior or district courts or precinct committee officers; (8) "Ethics" means principles of conduct governing an individual or a profession; standards of behavior;

(9) "Ex-parte communication" means any communication, written or oral and relating to a quasi-judicial action between an elected or appointed official and only one party to said action without the presence of other parties to the action;

(10) "Immediate family" means the spouse, children, parents and siblings of an elected or appointed county official or county employee and shall include the children, parents and siblings of the spouse of any official or employee;

(11) "Individual" means a single natural person as distinguished from a partnership or corporation;

(12) "Lobby" and "lobbying" each mean attempting to influence the passage or defeat of any legislation by the Snohomish county council, or the adoption or rejection of any rule, standard, rate, or other enactment of any county agency. Neither "lobby" nor "lobbying" includes an association's or other organization's act of communicating with the members of that association or organization;

(13) "Lobbyist" includes any person who lobbies either in his own or another's behalf;

(14) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he is compensated for acting as a lobbyist;

(15) "Natural person" means an individual human being as distinguished from a partnership, corporation or other association;

(16) "Organized group" means any political committee (other than groups created for the purpose of a single specific candidate for his/her own campaign), political party, or any special interest group; PROVIDED, That after December 31, 1995 "organized group" shall mean political action committees (including political parties) who have filed with the Washington State Public Disclosure Commission, provided that groups created solely for the purpose of campaigning for the election of a specific candidate shall not be an organized group for the purposes of this chapter;

(17) "Person" means:

(a) An individual;

(b) A partnership, limited partnership, public or private corporation, or joint venture;

(c) A nonprofit corporation, organization, or association, including but not limited to, a national, state, or local labor union or collective bargaining organization and a national, state, or local trade or professional association;

(d) A federal, state, or local governmental entity or agency, however constituted;

(e) A candidate, committee, political committee, bona fide political party, or executive committee thereof; and

(f) Any other organization or group of persons, however organized;

(18) "Quasi-judicial actions" are those actions of the legislative body, planning commission, hearing examiner, zoning adjuster, board of adjustment, or other appointed or elected board which determine the legal rights, duties, or privileges of specific parties in a hearing or other contested case proceeding. Quasi-judicial actions do not include legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide significance. (Added Ord. 91-084, July 1, 1991; Amended Ord. 92-007, February 19, 1992; Amended Ord. 92-132, Nov. 18, 1992; Amended Ord. 95-056, § 1, July 19, 1995, Eff date Oct. 25, 1995; Amended Ord. 97-061, § 1, July 9, 1997, Eff date July 20, 1997; Ord. 02-038, September 4, 2002, Eff date January 1, 2003; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.020 Appearance of fairness.

The Appearance of Fairness Doctrine shall apply to all quasi-judicial hearings conducted by Snohomish county elected and appointed officials. Quasi-judicial hearings shall include, but not be limited to:

(1) quasi-judicial actions on all matters concerning land use;

(2) disability board proceedings;

(3) boundary review board proceedings;

(4) personnel hearings examiner grievance proceedings;

(5) business license revocation proceedings;

(6) animal license enforcement proceedings; and

(7) board of equalization proceedings. (Added Ord. 91-084, July 1, 1991; Amended Ord. 97-089, § 6, Oct. 8, 1997, Eff date Oct. 19, 1997; Amended Ord. 03-067, June 18, 2003, Eff date June 20, 2003).

2.50.030 Disclosure.

(1) After the call to order at any quasi-judicial proceeding, the adjudicating official(s) shall disclose for the record the existence and substance of any ex-parte communications in which adjudicating official(s) may have engaged.

(2) At any quasi-judicial proceeding, adjudicating officials shall fully disclose, by stating same for the record, campaign contribution(s), including any contributions for the purpose of opposing a recall attempt, in excess of $250.00 from any person who is a party to the proceedings and contributions in excess of $500.00 from any organized group which is a party to the proceedings, received from one year prior to the date of the official's last election or appointment up to the date of the proceeding.

(3) No elected or appointed official shall knowingly engage in any action which will directly or indirectly affect Snohomish county, and which requires the exercise of discretion, by participating in public decisions or determinations with respect to county matters, without fully disclosing the following:

(a) That gratuities, gifts, special favors or personal expenses of the official in excess of $100.00 in any calendar year have been made to the official by any person or entity which is a party to the action; (b) That the official or any member of the official's immediate family has any interest in the action, whether direct or indirect, personal or financial;

(c) That the official, or any member of the official's immediate family as reported on the Public Disclosure Commission Form F-1, has or will receive any monetary compensation as a result of a separate financial relationship with any person who is a party to the action. (Added Ord. 91-084, July 1, 1991; Amended Ord. 93-064, July 28, 1993; Amended Ord. 95-056, § 2, July 19, 1995, Eff date Oct. 25, 1995; Amended Ord 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.040 Recusancy.

Any county elected or appointed official shall remove him or herself from hearing any quasi-judicial matter where, in the judgment of that official, his or her impartiality might be reasonably questioned. Grounds for such self-removal include, but are not limited to, a violation of the Appearance of Fairness Doctrine as defined in SCC 2.50.010(2). (Added Ord. 91-084, July 1, 1991; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.050 Campaign contribution limitations. (Added by Amended Ord. 95-056, § 3, July 19, 1995, Eff date Oct. 25, 1995; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003; Repealed by Ord. 07-077, Aug. 8, 2007, Eff date Aug. 25, 2007).

2.50.060 Filing of reports.

(1) All elected officials must file the reports required by RCW 42.17.240 with the Snohomish County Auditor in accordance with the timeliness specified in RCW 42.17.240 for filing with the Public Disclosure Commission.

(2) All appointed officials and candidates for election to a county elected office shall file the reports referenced in 2.50.060(1) as if they were elected officials; PROVIDED, That appointed officials who are not elected need not complete the section of the state Public Disclosure Commission forms F1 or F1A requiring disclosure of political party.

(3) Any county elected official or candidate for election to an elected county office shall also file with the county auditor copies of any state Public Disclosure Commission forms C1 through C7 filed by him/her or in his/her behalf. Such reports will be due at the county auditor's office on the same day that they are due at the Public Disclosure Commission's office.

(4) The county auditor shall supply copies of all necessary forms, instructions for filing, and copies of this chapter to appointed and elected officials. Electronic filing shall be permitted.

(5) Current membership information of affected boards and commission shall be supplied by the county executive to the county auditor by January 1st of each year. Within three business days of the confirmation of an appointment of any individual, or board or commission member, affected by these provisions, notice shall be provided to the county auditor by the clerk of the council or the clerk of the affected board, whichever is appropriate.

(6) Reports required to be filed under this section shall be public records and open to inspection by any member of the public during normal office hours of the county auditor. (Added by Amended Ord. 95-056, § 6, July 19, 1995, Eff date Oct. 25, 1995; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.061 Modification of reporting requirements.

Any appointed or elected official or candidate therefor who considers compliance with the reporting requirements of SCC 2.50.060 to be a manifestly unreasonable hardship in a particular case may apply for a modification of such reporting requirements pursuant to the following procedures:

(1) An applicant shall file with the ethics commission a written request for hearing for suspension or modification of reporting requirements. The request shall be submitted not less than three weeks prior to the date the report is due.

(2) The request shall contain:

(a) The required report completed to the extent possible;

(b) The applicant's evidence to be submitted at the hearing;

(c) A statement of reasons why the reporting of required information would cause a manifestly unreasonable hardship, with as much detail as possible. (A general statement, such as "violates right of privacy" shall not be deemed as sufficient compliance with this requirement.) The applicant is encouraged to also include a proposed modification to the required report which, in the applicant's opinion, will relieve the perceived hardship.

(3) The filing of a request for modification shall suspend the reporting requirement of SCC 2.50.060 until five business days after the commission issues its final decision on the request.

(4) Within 30 days of receipt of an application for modification, the commission shall hold a hearing and, after hearing the matter as provided in this chapter, may suspend the applicable reporting requirement if it finds that the literal application of such requirements works a manifestly unreasonable hardship in the case under consideration and if it also finds that such suspension or modification will not frustrate the purposes of this chapter. Not less than 10 days prior to the hearing, the commission shall give notice of the date, time and place of the hearing by one publication in the official county newspaper and by mailing written notice to the applicant by first class mail. The commission shall suspend or modify such reporting requirement or requirements only to the extent necessary to substantially relieve such hardship, and only upon clear and convincing proof to support such claim. Any decision or order rendered by the commission shall be in writing or stated in the record and shall be accompanied by findings of fact and conclusions of law.

(5) All evidence presented at hearings of the commission held pursuant to this section shall be considered to be a public record; PROVIDED, That the commission may close the hearing and hold an executive session if it finds that it is necessary to allow the applicant to provide sufficient evidence to assure that proper findings are made. All evidence presented at any portion of a hearing held in executive session identifying the matters for which the applicant requests modification under these rules shall be considered and held confidential by the commission unless otherwise ordered by a court of competent jurisdiction. (Added Ord. 93-064, § 4, July 28, 1993; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.062 Reporting modifications -- Possible qualifications.

(1) The following, or any of them, may be considered possible qualifications for a reporting modification: (a) Reporting any financial interest, otherwise required to be reported by SCC 2.50.060, if the financial institution or other entity in which the candidate or elected or appointed official having such interest does not engage in business in the state of Washington, or is not regulated in whole or in part by the office sought or held by such candidate or elected or appointed official, and; PROVIDED, That such reporting would present actual difficulties to the candidate or elected or appointed official and the interest in question would present no actual or potential conflict with the proper performance of the duties of the office sought or held, in the public interest;

(b) Reporting any of the information required by SCC 2.50.060, if public disclosure would violate any legally recognizable confidential relationship; PROVIDED, That the information in question does not relate to a business entity which would be subject to the regulatory authority of the office sought or held by such candidate or elected or appointed official in whole or in part, and; PROVIDED, FURTHER, That such reporting would present actual difficulties to the candidate or elected or appointed official and the interest in question would present no actual or potential conflict with the performance of the duties of the office sought or held, in the public interest;

(c) Reporting of any of the information required by SCC 2.50.060 for members of the immediate family of a candidate or elected or appointed official, if such information relates to a financial interest held by such member under a bona fide separate property agreement, or other bona fide separate status and such financial interest does not constitute a present or prospective source of income to such candidate or elected or appointed official or to any other person who is dependent upon such candidate or elected or appointed official for support in whole or in part;

(d) Reporting any other matter under SCC 2.50.060 which would constitute an unreasonable hardship in a given case, when the matter reported would not indicate any actual or potential conflict with the proper performance of the duties of the office sought or held in the public interest.

(2) The commission shall find that a manifestly unreasonable hardship exists if reporting the name of an entity required to be reported under SCC 2.50.060 would be likely to adversely affect the competitive position of any entity in which the person filing the report or any member of his or her immediate family holds any office, directorship, general partnership interest, or an ownership interest of 10 percent or more. (Added Ord. 93-064, § 4, July 28, 1993; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.070 Lobbyist registration.

(1) Within 30 days after becoming a lobbyist, a lobbyist shall register by filing with the county auditor a lobbyist registration statement, in such detail as the auditor shall prescribe, showing:

(a) The lobbyist's name, permanent business address, and any temporary residential and business addresses;

(b) The name, address and occupation or business of the lobbyist's employer;

(d) Compensation for lobbying; how much the lobbyist is to be paid for expenses, and what expenses are to be reimbursed;

(e) Whether the person from whom the lobbyist receives said compensation employs him or her solely as a lobbyist or whether the lobbyist is a regular employee performing services for his or her employer which include but are not limited to the influencing of legislation; (f) A description of the general subject or subjects of interest on which lobbying is intended;

(g) A written confirmation of employment as a lobbyist from each of the lobbyist's employers;

(h) The name and address of the person who will have custody of the accounts, bills, receipts, books, papers, and documents required to be kept;

(i) If the lobbyist's employer is an entity (including, but not limited to, business and trade associations) whose members include, or which as a representative entity undertakes lobbying activities for, businesses, groups, associations, or organizations, the name and address of each member of such entity or person represented by such entity whose fees, dues, payments or other consideration paid to such entity during either of the prior two years have exceeded $500.00 or who is obligated to or has agreed to pay fees, dues, payments, or other consideration exceeding $500.00 to such entity during the current year.

(2) Any lobbyist who receives or is to receive compensation from more than one person for services as a lobbyist shall file a separate notice of representation with respect to each such person; except that a lobbyist whose fee for acting as such in respect to the same legislation or type of legislation is, or is to be, paid or contributed to by more than one person may file a single statement, in which the lobbyist shall detail the name, business address and occupation of each person so paying or contributing, and the amount of the respective payments or contributions made by each such person.

(3) Whenever a change, modification, or termination of the lobbyist's employment occurs, the lobbyist shall, within one week of such change, modification or termination, furnish full information regarding the same by filing with the county auditor an amended registration statement.

(4) Each lobbyist who has registered shall file a new registration statement, revised as appropriate, on the second Monday of January of each odd-numbered year, and failure to do so shall terminate his or her registration. (Added Ord. 91-084, July 1, 1991; Added Ord. 92-007, February 19, 1992; Amended Ord. 95-056, § 7, July 19, 1995, Eff date Oct. 25, 1995; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.071 Reporting by lobbyist.

(1) Any lobbyist registered under SCC 2.50.070 shall file with the county auditor semi-annual reports of their activities signed by the lobbyist. The reports shall be made in the form and manner prescribed by the county auditor; PROVIDED, That a registered lobbyist may use the forms as prescribed by the state Public Disclosure Commission pursuant to RCW 42.17.170. The reports shall cover the periods from January 1st through June 31st and July 1st through December 31st and shall be filed within 15 days after the last day of the calendar month covered by the report.

(2) Each such periodic report shall contain:

(a) The totals of all expenditures for lobbying activities made or incurred by such lobbyist or on behalf of such lobbyist by the lobbyist's employer during the period covered by the report. Such totals for lobbying activities shall be segregated according to financial category, including compensation; food and refreshments; living accommodations; advertising; travel; contributions; and other expenses or services. Each individual expenditure of more than $25.00 for entertainment shall be identified by date, place, amount, and the names of all persons in the group partaking in or of such entertainment including any portion thereof attributable to the lobbyist's participation therein but without allocating any portion of such expenditure to individual participants. However, if the expenditure for a single hosted reception is more than one hundred dollars per person partaking therein, the report shall specify the per person amount, which shall be determined by dividing the total amount of the expenditure by the total number of persons partaking in the reception.

Notwithstanding the foregoing, lobbyists are not required to report the following:

(i) Unreimbursed personal living and travel expenses not incurred directly for lobbying;

(ii) Any expense incurred for his or her own living accommodations;

(iii) Any expenses incurred for his or her own travel to and from hearings of the council:

(iv) Any expense incurred for telephone, and any office expenses, including rent and salaries and wages paid for staff and secretarial assistance.

(b) In the case of a lobbyist employed by more than one employer, the proportionate amount of such expenditures in each category incurred on behalf of each of their employers.

(c) An itemized listing of each such expenditure in the nature of a contribution of money or of tangible or intangible personal property to any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition, or for or on behalf of any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition. All contributions made to, or for the benefit of, any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition shall be identified by date, amount, and the name of the candidate, elected official, or officer, or employee of any agency, or any political committee supporting or opposing any ballot proposition receiving, or to be benefited by each such contribution.

(d) The subject matter or proposed legislation or other legislative activity or policy adoption and the county agency considering the same, which the lobbyist has been engaged in supporting or opposing during the reporting period.

(e) Such other information relevant to lobbying activities as the ethics commission shall by rule prescribe. Information supporting such activities as are required to be reported is subject to audit by the ethics commission. (Added Ord. 92-007, February 19, 1992; Amended Ord. 95-056, § 8, July 19, 1995, Eff date Oct. 25, 1995; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.072 Exempt from registration.

The following persons and activities shall be exempt from registration and reporting under SCC 2.50.070 and 2.50.071:

(1) Persons who limit their lobbying activities to appearing before public sessions of the county council or committees of the council, or public hearings of county agencies;

(2) News or feature reporting activities and editorial comment by working members of the press, radio or television and the publication or dissemination thereof by a newspaper, book publisher, regularly published periodical, radio station, or television station;

(3) The county executive, deputy county executive and other elected county office holders; (4) Members of the council;

(5) Persons employed by the county who aid in the preparation or enactment of county codes or perform legislative duties;

(6) Other elected officials acting on behalf of the entity they represent;

(7) Appointed officials or employees of other public entities testifying on behalf of the entity they represent;

(8) Persons who lobby without compensation or other consideration for acting as a lobbyist and whose total expenditures during any one year period for or on behalf of any county elected official, county appointed officials, or county employee in connection with such lobbying do not exceed twenty-five dollars;

(9) Persons who have not received compensation of more than $600.00 in the current calendar year for lobbying. (Added by Amended Ord. 95-056, § 10, July 19, 1995, Eff date Oct. 25, 1995; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.075 Restrictions on future employment of county employees.

(1) No elected or appointed county official or other county employee may, within a period of one year from the date of termination of county employment, accept employment or receive compensation from an employer if:

(a) The elected or appointed county official or other county employee, during the two years immediately preceding termination of county employment, was engaged in the negotiation or administration on behalf of the county of one or more contracts with that employer and was in a position to make discretionary decisions affecting the outcome of such negotiation or the nature of such administration; and

(b) Such a contract or contracts have a total value of more than ten thousand dollars; and

(c) The duties of the employment with the employer or the activities for which the compensation would be received include fulfilling or implementing, in whole or in part, the provisions of such a contract or contracts or include the supervision or control of actions taken to fulfill or implement, in whole or in part, the provisions of such a contract or contracts. This section shall not be construed to prohibit a county elected or appointed official or a county employee from accepting employment with a county employee organization.

(2) No person who has served as a county elected or appointed official or county employee may, within a period of one year following the termination of county employment, have a direct or indirect beneficial interest in a contract or grant that was expressly authorized or funded by specific legislative or executive action in which the former county elected or appointed official or county employee participated.

(3) No person who has served as a county elected or appointed official or county employee may, within a period of one year following the termination of county employment, represent any person before any county board, body, agency, department, committee, examiner, adjustor, or commission regarding a specific project the former official or employee worked on, and was in a position to make discretionary decisions or recommendations, during his/her term of service or employment unless:

(a) The former county elected or appointed official or county employee receives no compensation for representing that person; or (b) The specific project was a legislative issue; or

(c) The matter involved in the representation by the former county elected or appointed official or county employee directly affects properties owned by the former official or employee,

(4) Any elected or appointed official having the power to perform an official act or action shall, for a period of one year after the termination of his or her employment or term of service, refrain from lobbying the county department, agency, elected body, commission, or board on which they last served unless:

(a) The former county elected or appointed official is receiving no compensation for such lobbying; or

(b) The matter being lobbied directly affects properties owned by the former elected or appointed official. (Added by Amended Ord. 95-056, § 12, July 19, 1995, Eff date Oct. 25, 1995; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.080 Ethics commission -- Creation and purpose.

There is hereby created a Snohomish county ethics commission composed of five members appointed by the Snohomish county executive and subject to confirmation by a majority of the county council. The purpose of the Snohomish county ethics commission is to receive complaints of ethics violations and otherwise administer the Code of Ethics as provided in this chapter. (Added Ord. 91-084, July 1, 1991; Amended Ord. 95-056, § 13, July 19, 1995, Eff date Oct. 25, 1995; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.090 Membership -- Term of office.

(1) The term of each member shall be three years, except that one of the two new members appointed to implement the expansion of the membership from three to five commissioners shall serve an initial term of two years, as determined by the drawing of lots. (2) No member of the commission, during his or her tenure, shall:

(a) hold or be a candidate for elective office;

(b) be an officer of any political party or political committee;

(c) make contributions to, or permit his or her name to be used in support of, or in opposition to, any candidate for county office;

(d) lobby or employ or assist a lobbyist;

(3) No person shall be eligible for appointment to more than two three-year terms, except as provided in subsection (4) below.

(4) An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed for the unexpired term of the member he succeeds, but shall be eligible for appointment to two full three-year terms thereafter only if one year or less remains in the term he is appointed to fill. Any vacancy occurring on the commission shall be filled within 60 days in the manner in which that position was originally filled. A vacancy shall not impair the powers of the remaining members to exercise all the powers of the commission. (Added Ord. 91-084, July 1, 1991; Amended Ord. 95-056, § 14, July 19, 1995, Eff date Oct. 25, 1995; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003; Amended by Ord. 09-024, April 22, 2009, Eff date May 8, 2009).

2.50.095 Commission staff. Except for the performance of those duties assigned to the clerk of the board of equalization by SCC 2.50.110 and 2.50.115, the clerk of the county council shall serve as clerk of the commission. Staff support for the commission shall be provided by the county as necessary. In circumstances in which the clerk of the board of equalization serves as ex officio clerk of the commission, staff support for the commission shall be provided by staff of the board of equalization. (Added by Ord. 09-024, April 22, 2009, Eff date May 8, 2009)

2.50.100 Meetings.

(1) At its first meeting each calendar year, the commission shall organize by electing a chairperson and vice chairperson to serve for a period of one year. The vice chairperson shall have the power to perform all duties of the chairperson in his or her absence;

(2) Three members of the commission shall constitute a quorum and an affirmative vote of three members is required for any action or recommendation of the commission;

(3) Meetings of the commission shall be held at least twice annually. However, the commission may meet as frequently as it deems necessary;

(4) In addition to other duties prescribed by this chapter, the commission shall:

(a) Act as the primary determining body for complaints regarding violation of the provisions of this chapter;

(b) Make provisions for the preservation of all files, statements, correspondence and records of proceedings for a period of seven years;

(c) Make provisions for the appearance and participation of complainants and respondents at commission proceedings, including, when necessary, the issuance of subpoenas of witnesses, and receive all testimony under oath;

(d) Develop and implement additional rules and procedures as the commission deems necessary, subject to approval by the county council. (Added Ord. 91-084, July 1, 1991; Amended Ord. 93-064, July 28, 1993; Amended Ord. 95-056, § 15, July 19, 1995, Eff date Oct. 25, 1995; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.110 Complaint procedures.

(1) Any natural person who believes a person subject to the code of ethics has committed a violation of the code may file a complaint with the ethics commission. Complaints shall be subject to the following requirements:

(a) The complaint must be based upon facts within the personal knowledge of the complainant; (b) The complaint must be submitted in writing and signed under oath by the complainant;

(c) The complaint must include a detailed factual description of the alleged violation including the date, time and place of each occurrence and the name of the person or persons who are alleged to have committed a violation. The complaint must also refer to the specific provisions of the code of ethics which are alleged to have been violated;

(d) The complaint must be accompanied by all available documentation or other evidence known to the complainant to support the allegations of the complaint;

(e) The complaint must be filed within five years of the date of the occurrence or occurrences alleged to constitute a violation of the code of ethics.

(2) Complaints shall be filed with the clerk of the ethics commission. Except for complaints alleging a violation by a member of the county council, a candidate for a county council position, or a councilmember- elect, the clerk shall process the complaint as provided in the following subsections of this section. The clerk shall immediately forward complaints alleging a violation by a member of the county council, a candidate for a county council position or a councilmember-elect to the clerk of the board of equalization who shall serve as ex officio clerk of the ethics commission for the processing of such complaints as provided in the following subsections of this section.

(3) The clerk shall forward the complaint and any accompanying documentation and evidence forthwith to the chairperson of the ethics commission. The chairperson shall review the complaint for compliance with the requirements of subsection (1) of this section. Should the chairperson find that:

(a) The complaint is untimely; or

(b) The complaint has not been signed under oath; or

(c) The complaint does not, on its face, state facts which, if proven to be true, constitute a violation of the code of ethics referred to in the complaint; or

(d) The complaint fails to refer to a specific provision of the code of ethics which is alleged to have been violated, the chairperson shall, within five working days of the filing of the complaint, enter a written order stating the chairperson's findings and, except as hereinafter provided, dismissing the complaint. If the chairperson finds that the complaint is deficient pursuant to findings (b) or (d), the chairperson shall issue an order notifying the complainant that unless a corrected complaint is filed within 5 days of the issuance of such order, the complaint shall be dismissed. The complainant may appeal the dismissal of a complaint under this subsection by filing an action in the Snohomish County Superior Court for a Writ of Certiorari pursuant to Chapter 7.16 RCW within 10 days of the date of issuance of the order dismissing the complaint.

(4) For complaints which are not dismissed under subsection (3), the chairperson shall direct the clerk to serve a complete copy of the complaint and any accompanying documentation and evidence to the person (hereinafter referred to as the respondent) alleged to have committed a violation of the code of ethics. The clerk shall serve a copy of the complaint and accompanying information upon the respondent by certified mail or by personal service not later than seven working days following the filing of the complaint.

(5) The respondent shall, within twenty days of the date of mailing or personal service of the complaint by the clerk of the commission, file with the clerk any response to the complaint the respondent wishes to make. A response to a complaint shall be made in writing signed under oath by the respondent. A response may include a detailed statement of facts pertaining to the complaint made on personal knowledge of the respondent and may include any matter constituting a defense to the complaint. A response should be accompanied by all available documentation or other evidence known to the respondent which the respondent wishes the commission to consider. The respondent may stipulate to some or all of the facts alleged in the complaint and shall either admit or deny the alleged violation. If the violation is admitted, the respondent may also submit an explanatory statement and may request a particular disposition.

(6) Upon receipt of a response to a complaint, the chairperson shall review the complaint and response, together with all supporting documentation and evidence submitted by the complainant and the respondent. Within ten days of receipt of the response (or, if no timely response is submitted, within thirty days of the date of mailing the complaint to the respondent by the clerk of the commission), the chairperson shall issue a preliminary decision in writing. A preliminary decision shall include one of the following determinations:

(a) Determine that a hearing is necessary in order to obtain a clear determination of the facts relevant to the complaint; or

(b) Determine that, based upon the complaint and response, the facts relevant to the complaint are clearly established and no hearing is necessary.

(7) When a preliminary decision is issued pursuant to subsection (6)(b), it shall contain findings and conclusions and a disposition of the complaint. If the chairperson concludes a violation of the code of ethics was committed, the preliminary decision shall include a penalty as provided for in section 2.50.160. Copies of the preliminary decisions shall be served forthwith on all members of the commission by the clerk. Until it becomes a final decision, a preliminary decision issued pursuant to subsection (6)(b) shall be confidential and shall not be released to either the complainant, the respondent, or any other person with the exception of commission members and commission staff. Commission members may either concur in the preliminary decision or request a hearing. A hearing on the complaint before the full commission shall be scheduled by the clerk if a request for hearing is filed with the clerk by one or more commission members within ten days of the issuance of the preliminary decision, PROVIDED: that commission members shall have 15 days from the date of issuance of the preliminary decision to request a hearing if the chairperson so provides in the preliminary decision. If a commission member does not file a timely request for hearing, it shall be conclusively presumed that the commission member concurs in the preliminary decision.

(8) If no timely request for hearing is made by any commission member, a preliminary decision issued pursuant to subsection (6)(b) shall become a final decision of the commission and shall be signed and dated by the commission chairperson within two working days following the expiration of the review period provided in subsection (7) above. The clerk shall immediately notify the complainant and the respondent of the final decision and shall deliver a copy of the final decision to each of them and to any other person who has submitted a written request therefore. Either the complainant or the respondent may, within thirty days of the date of the final decision, appeal it to the Snohomish County Superior Court by writ of certiorari pursuant to Chapter 7.16 RCW.

(9) When a decision to hold a hearing is issued pursuant to subsection (6)(a) or when a request for hearing is filed by a commission member pursuant to subsection (7), the clerk shall schedule a hearing not more than thirty days from the date of the preliminary decision and shall mail written notice of the hearing to the complainant, the respondent, each member of the commission and to any other person who has submitted a written request therefore. In addition, notice shall be provided by publication in the official county newspaper not less than five days prior to the date of the hearing.

(10) All hearings on complaints before the ethics commission shall be de novo and a preliminary decision issued pursuant to subsection (6)(b), if any, shall have no force or effect and shall remain confidential. The parties may appear in person or through attorneys. Hearings shall be conducted in accordance with the following provisions: (a) The complainant shall have the burden to prove by a preponderance of evidence that the violation or violations alleged in the complaint occurred.

(b) Not less than two days prior to the hearing date, the complainant and respondent shall each file with the clerk and serve upon the other party, a list of witnesses they wish to call at the hearing. Only those witnesses whose names appear on the witness lists may testify at the hearing. In exceptional circumstances and for good cause shown, the commission chairperson may, in his or her discretion, permit additional witnesses to testify.

(c) At the commencement of the hearing, the commission chairperson shall ask the parties to provide an estimate of the time required to present their evidence and arguments. The chairperson shall then issue an order establishing a reasonable limit on the time for each party to present his or her case which shall be equal for each party. The complainant may divide his or her allotted time between an opening presentation and rebuttal of the respondent's case. Each party may present opening and closing arguments.

(d) All testimony shall be given under oath administered by the clerk of the commission. Subject to control by the chairperson, each party shall be permitted to cross-examine the witnesses of the other party.

(e) The clerk shall electronically record all proceedings and shall assign exhibit numbers to, and become the custodian of, all documentary evidence.

(f) The chairperson shall have full authority to regulate the conduct of the hearing and may take any actions reasonably necessary to maintain an orderly proceeding. The chairperson may continue a hearing to a date and time certain should the chairperson determine that such continuance is necessary.

(11) At the conclusion of a hearing on a complaint, the commission shall deliberate and enter its oral decision which shall include findings and conclusions in support of the decision. The chairperson shall direct commission staff to prepare a draft written decision reflecting the commission's oral decision and shall continue the hearing to a date and time certain for commission consideration and approval of the written decision. The final written decision shall be signed and dated by the commission chairperson. The clerk shall deliver a copy of the final written decision to each party and to any other person who has submitted a written request therefore.

(12) A final written decision may, within thirty days of the date of the written decision, be appealed by either the complainant or the respondent to the Snohomish County Superior Court by writ of certiorari pursuant to Chapter 7.16 RCW. (Added by Amended Ord. 95-056, § 17, July 19, 1995; Eff date Oct. 25, 1995; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003; Amended by Ord. 09-024, April 22, 2009, Eff date May 8, 2009).

2.50.115 Complaints filed close to elections -- Limitations on filing -- Expedited proceedings.

(1) From the date four weeks prior to any election through and including the date of the election, only those complaints may be filed which allege a violation of the code of ethics which occurred not more than one week prior to the date of filing the complaint. Except for complaints alleging a violation by a member of the county council, a candidate for a county council position or a councilmember-elect, the clerk shall process the complaint as provided in the following subsections of this section. The clerk shall immediately forward complaints alleging a violation by a member of the county council, a candidate for a county council position or a councilmember-elect to the clerk of the board of equalization who shall serve as ex officio clerk of the ethics commission for the processing of such complaints as provided in the following subsections of this section.

(2) Immediately upon receipt of such a complaint, the clerk shall notify the chairperson and the respondent named in the complaint and shall deliver a copy of the complaint and its supporting documentation and evidence to them. Copies shall also be delivered forthwith to the remaining commission members. The clerk's notice to the respondent shall also state that the respondent may file a written response to the complaint within 5 days of the date the complaint was filed with the commission.

(3) Immediately upon receipt of the complaint, the chairperson shall review the complaint pursuant to subsection 2.50.110(3) and, if the complaint is defective, shall, within two days of the filing of the complaint, enter an order stating the chair-person's findings and dismissing the complaint.

(4) For those complaints which are not dismissed under subsection (3) above, the clerk shall confer with the commission chairperson and shall set a date and time for an expedited hearing on the complaint to be held not less than five nor more than ten days from the date of filing the complaint.

(5) The clerk shall deliver to the complainant, the respondent and each commission member a notice of expedited hearing on the complaint. Notice of the expedited hearing shall also be delivered to any person who has, at or prior to the time the complaint is filed, submitted a written request therefore. Notice of the hearing shall be published once in the official county newspaper prior to the hearing.

(6) The expedited hearing shall be conducted in accordance with subsections 2.50.110(10, (11) and (12) except that the parties shall not be required to file witness lists prior to the hearing. (Added by Amended Ord. 95-056, § 18, July 19, 1995, Eff date Oct. 25, 1995 Amended by Ord. 09-024, April 22, 2009, Eff date May 8, 2009).

2.50.117 Computation of time.

As used in this chapter, the word "day" shall mean calendar day and the word "week" shall mean calendar week. (Added by Amended Ord. 95-056, § 19, July 19, 1995, Eff date Oct. 25, 1995; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.130 Confidences.

No appointed or elected official or county employee shall disclose any confidential information secured during the course of his employment, a disclosure which is not otherwise required by law, or use any such information to advance his or her or any other financial interest to the detriment of Snohomish county. (Added Ord. 91-084, July 1, 1991; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.140 Use of county property.

No appointed or elected official or county employee shall sell, divert, convert, give away, or use any county equipment, vehicles, or other county property, real or personal, other than in the performance of his/her official duties in behalf of the county. (Added Ord. 91-084, July 1, 1991; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.160 Penalties.

If it is determined, pursuant to the provisions of this chapter, that an ethics code violation has occurred, one or more of the following civil remedies and sanctions may be imposed in addition to any other remedies provided by law: (1) If any lobbyist violates any of the provisions of the ethics code, his or her registration may be revoked or suspended and he may be enjoined from receiving compensation or making expenditures for lobbying; PROVIDED, HOWEVER, That imposition of such sanction shall not excuse said lobbyist from filing statements and reports required by law;

(2) Any person who violates any of the provisions of this ethics code may be subject to a civil penalty of not more than $3,000 for each such violation;

(3) Any person who fails to file a properly completed statement or report within the time required by this code may be subject to a civil penalty of $10.00 per day for each day each such delinquency continues;

(4) Any person who fails to report a contribution or expenditure in accordance with these procedures may be subject to a civil penalty equivalent to the amount he failed to report;

(5) The court may enjoin any person to prevent the doing of any act herein prohibited, or to compel the performance of any act required herein. (Added Ord. 91-084, July 1, 1991; Amended Ord. 93-064, July 28, 1993; Amended Ord. 95-056, § 22, July 19, 1995 Eff date Oct. 25, 1995; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.170 Public disclosure rules to govern.

The rules and precedents established by the Washington State Public Disclosure Commission shall be considered in interpreting those sections of Chapter 2.50 which are analogous to state law. (Added by Amended Ord. 95-056, § 23, July 19, 1995, Eff date Oct. 25, 1995; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.600 Effective date.

This chapter shall become effective August 1, 1991. (Added Ord. 91-084, July 1, 1991; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

2.50.900 Severability.

If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. (Added Ord. 91-084, July 1, 1991; Amended Ord. 03-067, June 18, 2003, Eff date June 30, 2003).

Chapter 2.51 PUBLIC RECORDS DISCLOSURE

2.51.010 Purpose of chapter.

The purpose of this chapter is to ensure compliance with the provisions of chapter 42.56 RCW and other applicable law relating to disclosure of public records. (Added Amended Ord. 03-024, April 16, 2003; Eff date May 1, 2003; Amended Ord. 06-019, April 19, 2006, Eff date July 1, 2006) 2.51.020 Interpretation and construction of provisions.

The provisions of this chapter shall be liberally construed to provide public access to public records concerning the conduct of government, mindful of individuals' privacy rights and the desirability of the efficient administration of government. (Added Amended Ord. 03-024, April 16, 2003, Eff Date May 1, 2003; Amended Ord. 06-019, April 19, 2006, Eff date May 4, 2006; Amended by Ord. 10-061, August 18, 2010, Eff date Aug. 30, 2010)

2.51.030 Public records available.

The county executive and each county department, agency, division, board, office bureau and commission shall make available for public inspection and copying all public records the disclosure of which is required by chapter 42.56 RCW or other law. (Added Amended Ord. 03-024, April 16, 2003, Eff date May 1, 2003; Amended by Ord. 10-061, Aug. 18, 2010, Eff date Aug. 30, 2010)

2.51.035 Public Records officer - Appointment and duties (1) The director of the department of information services shall serve as the county's public records officer who shall have the duties described in this chapter. (2) Subject to subsection (3) of this section, the public records officer shall: (a) Serve as a point of contact for members of the public in requesting disclosure of public records, provided that requests may also be presented to public records specialists or their designees pursuant to SCC 2.51.050; (b) Oversee compliance with the public records disclosure requirements of this chapter; and (c) Adopt such policies and procedures as may be necessary to carry out the provisions of this chapter consistent with applicable laws. (3) Final decision-making authority over public disclosure of records of the legislative branch of county government shall be vested in the chairperson of the county council or the chairperson’s designee. (4) The public records officer shall publish his or her name and contact information in a way reasonably calculated to provide notice to the public, including posting at the county's primary place of business, posting on the county's internet site, or including in county publications. (Added Amended Ord. 06-019, April 19, 2006, Eff date May 4, 2006; Amended by Ord. 10-061, Aug. 4, 2010, Eff date Aug. 30, 2010)

2.51.040 Public records specialists - Appointment and duties.

The chairperson of the county council, each elected executive officer, the director of each department appointed by the county executive, and each board, agency, bureau, division, office or commission within the executive or legislative branch having custody or control of public records shall appoint a public records specialist who shall have charge of the public records in the custody or control of those officials, departments, boards, agencies, bureaus, divisions, offices and commissions. Public records specialists shall implement this chapter, policies and procedures adopted by the public records officer under SCC 2.51.035(2)(c) and other applicable laws relating to disclosure of public records.

(Added Amended Ord. 03-024, April 16, 2003, Eff Date May 1, 2003; Amended Ord. 06-019, April 19, 2006, Eff date May 4, 2006; Amended by Ord. 10-061, Aug. 4, 2010, Eff date Aug. 30, 2010)

2.51.050 Requests - Form - Information required. (1) The public records officer shall provide a set of uniform public disclosure request forms for use throughout the executive and legislative branches of county government. All requests for public records shall be presented in writing to the public records officer or to the public records specialist or designee of the department, office, agency, board, bureau, division or commission believed to be responsible for the records being requested. The request shall include the following:

(a) The name and contact information of the person making the request for the record; (b) Reasonable notice that the request is for the disclosure of public records pursuant to the public records act; (c) Identification of the requested records by reference to names, title, subject matter, and time frames, or other means adequate for the public disclosure officer, public records specialist, or designee to locate the requested records; and (d) Whether or not such request is for a list of individuals. (2) Upon receiving a request the public records officer, public records specialist or designee shall document the date the request was received. If a request is presented to a public records specialist or designee and not to the public records officer, the public records specialist or designee shall transmit a copy of the request to the public records officer. (Added Amended Ord. 03-024, April 16, 2003, Eff Date May 1, 2003; Amended Ord. 06-019, April 19, 2006, Eff date May 4, 2006; Amended by Ord. 10-061, Aug. 4, 2010, Eff date Aug. 30, 2010)

2.51.060 Informal requests permitted - When.

Departments and offices of elected or appointed officials having records that have customarily been open to public inspection and/or copying may, at the option of the heads of such departments or offices, permit inspection and copying without requiring such requests in writing. (Added Amended Ord. 03-024, April 16, 2003, Eff Date May 1, 2003; Amended Ord. 06-019, April 19, 2006, Eff date May 4, 2006).

2.51.070 Requests for lists of individuals - Affidavit required.

In the case of a request for records that may contain a list of individuals, the person making the request will furnish an affidavit either: (1) That states that he/she is not requesting the list for commercial purposes; or (2) That states that he/she is specifically authorized or directed by law to obtain the list of individuals for commercial purposes, and that identifies such law. (Added Amended Ord. 03-024, April 16, 2003, Eff Date May 1, 2003).

2.51.080 Review of denials of public records.

(1) Any person who objects to the initial denial or partial denial of a request for a public record subject to chapter 42.56 RCW may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the decision denying the request. (2) If the petition concerns records of the executive branch of county government the public records officer shall serve as the reviewing authority unless the public records officer made the original decision in which case the county executive shall designate a different county officer as the reviewing authority, which designation may be made on a case-by-case or other basis. If the petition concerns records of the legislative branch of county government, the officer having final decision-making authority under SCC 2.51.035(3) shall serve as the reviewing authority, and the public records officer shall promptly provide the petition and other relevant information to that officer. (3) The reviewing authority shall consider the petition and affirm or reverse the denial within two business days after the public records officer's receipt of the petition, or within such other time as the county and the requestor may mutually agree. (4) A person whose public records request is denied may seek judicial review at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

(Added Amended Ord. 03-024, April 16, 2003, Eff Date May 1, 2003; Amended Ord. 06-019, April 19, 2006, Eff date May 4, 2006; Amended by Ord. 10-061, Aug. 4, 2010, Eff date Aug. 30, 2010).

2.51.100 Charges for copying.

No fee shall be charged for the inspection of public records under this chapter. No fee shall be charged for locating public documents and making them available for copying. A reasonable charge may be imposed for providing copies of public records and for the use by any person of county equipment to copy public records, which charges shall not exceed the amount necessary to reimburse the county for its actual costs directly incident to such copying, provided that a deposit may be required where not prohibited by law. County charges for photocopies shall be imposed in accordance with the actual per page cost or other costs established and published by county departments, offices, agencies, boards, bureaus, divisions or commissions, or as otherwise provided by law. In no event may the county charge a per page cost greater than the actual per page cost as established and published by the various county entities. To the extent the individual county entity has not established the actual per page cost for photocopies of public records, it may not charge in excess of fifteen cents per page or as otherwise provided by state law. (Added Amended Ord. 03-024, April 16, 2003, Eff Date May 1, 2003; Amended Ord. 06-019, April 19, 2006, Eff date May 4, 2006; Amended by Ord. 10-061, Aug. 4, 2010, Eff date Aug. 30, 2010).

2.51.110 Certain records exempt.

Public records that are not subject to disclosure under state law, that are described as exempt by chapter 42.56 RCW, or that are required to be withheld by any other law, are exempt from disclosure under this chapter. (Added Amended Ord. 03-024, April 16, 2003, Eff Date May 1, 2003; Amended Ord. 06-019, April 19, 2006, Eff date July 1, 2006; Amended by Ord. 10-061, Aug. 4, 2010, Eff date Aug. 30, 2010).

2.51.120 Exemption from requirement to maintain a current records index

(1) The County Council finds that Snohomish County government is comprised of many branches, boards, departments, divisions, agencies, offices, and commissions, which maintain separate records and incompatible record-keeping systems. The county's records are voluminous, diverse, complex and stored in multiple locations and in multiple incompatible data bases. As a result, it would be unduly burdensome and costly to the Snohomish County taxpayers, and would substantially interfere with effective and timely county office operations to develop an index of those records identified in RCW 42.56.070(3).. (2) No Snohomish County official, branch, agency, board, department, division, office, commission or other Snohomish County entity is required to maintain an index of public records conforming to the requirements of RCW 42.56.070(3). (3) Any index maintained by an individual branch, agency, board, department, division, office or commission shall be made available for public inspection and copying unless exempt from disclosure or made confidential by law. (Added Ord. 04-142, Jan. 19, 2005 Eff date Jan. 31, 2005; Amended Ord. 06-019, April 19, 2006, Eff date July 1, 2006)) Chapter 2.51A HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 COMPLIANCE

2.51A.010 Purpose.

The purpose of this chapter is to ensure compliance with the Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191) and its implementing administrative regulations set forth in 45 C.F.R. parts 160- 164. (Added Ord. 03-035, April 9, 2003, Eff date April 21, 2003)

2.51A.020 Definitions.

The following definitions shall apply to terms used in this chapter: (1) "Business associate" has the same meaning as that phrase is defined in 45 C.F.R. 160.103. (2) "Covered component" has the same meaning as the phrase "health care component" defined in 45 C.F.R. 164.103. (3) "Covered function" has the same meaning as that phrase is defined in 45 C.F.R. 164.103. (4) "Electronic protected health information" has the same meaning as that phrase is defined in 45 C.F.R. 160.103. (5) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191). (6) "HIPAA privacy regulations" means those regulations set out at 45 C.F.R. 160 and 45 C.F.R. subpart E. (7) "HIPAA security standards" means those regulations set out at 45 C.F.R. 160 and 45 C.F.R. subpart C. (8) "Hybrid entity" has the same meaning as that phrase is defined in 45 C.F.R. 164.103. (9) "Protected health information" has the same meaning as that phrase is defined in 45 C.F.R. 160.103. (Added Ord. 03-035, April 9, 2003, Eff date April 21, 2003)

2.51A.030 Scope.

Snohomish County is a hybrid entity. This chapter shall apply to all county programs which perform health plan or health care provider activities that fall within the definition of a covered function. (Added Ord. 03-035, April 9, 2003, Eff date April 21, 2003)

2.51A.040. Interpretation and construction of provisions.

The rules and requirements set forth in this chapter shall be construed in favor of giving effect to the HIPAA privacy regulations and HIPAA security standards. (Added Ord. 03-035, April 9, 2003, Eff date April 21, 2003)

2.51A.050 HIPAA privacy officer - appointment and responsibility.

(1) The Director of Information Services shall be the county-wide HIPAA privacy officer. (2) The HIPAA privacy officer shall: (a) Develop, adopt with the approval of the county executive, and maintain HIPAA privacy policies and procedures to provide for: (i) Training of county employees working within covered components, as necessary to carry out their respective functions, in accordance with 45 C.F.R. 164.530(b), and documentation of such training; (ii) Ensuring appropriate administrative, technical and physical safeguards are in place to protect protected health information from unauthorized use or inadvertent disclosure to persons other than the intended recipient; (iii) Assistance in identification of business associates; (iv) Limitations on access to protected health information; (v) Conditions for use and disclosure of protected health information; (vi) Individual rights regarding protected health information maintained by the county; (vii) A process for complaints concerning HIPAA policies and procedures, or covered components' compliance with HIPAA policies and procedures, or other requirements under the HIPAA privacy regulations; (viii) Mitigation for any use or disclosure of protected health information that is in violation of the county's HIPAA privacy policies and procedures; (ix) Such policies and procedures necessary to comply with amendments or additions to the HIPAA privacy regulations. (b) Establish, with the approval of the county executive, and publish sanctions for employees who fail to comply with the county's HIPAA privacy policies and procedures. Sanctions will be appropriate to the nature of the violation and will not apply to whistleblower activities, nor to complaints or investigations. (c) Designate the county programs which are covered components using standards set out in the HIPAA privacy regulations, update the designations as necessary, and document the designations as provided in 45 C.F.R. 164.530(j). (Added Ord. 03-035, April 9, 2003, Eff date April 21, 2003)

2.51A.060 No retaliation.

No covered component or county employee may intimidate, threaten, coerce, discriminate against or take other retaliatory action against any individual for the exercise by the individual of any right under, or for participation by the individual in any process established by the HIPAA privacy regulations, including the filing of a complaint or as otherwise prohibited under the HIPAA privacy regulations. The provisions of SCC 1.01.100 shall not apply to any violation under this section. (Added Ord. 03-035, April 9, 2003, Eff date April 21, 2003)

2.51A.070 No waiver of rights.

No covered component or county employee may require any individual to waive his or her right to file a complaint with the secretary of the United States Department of Health and Human Services as a condition of the provision of treatment, payment, enrollment in a health plan, or eligibility for benefits. The provisions of SCC 1.01.100 shall not apply to any violations under this section. (Added Ord. 03-035, April 9, 2003, Eff date April 21, 2003)

2.51A.080 HIPAA security officer - appointment and responsibility.

(1) The Director of Information Services shall be the county-wide HIPAA security officer. (2) The HIPAA security officer must ensure the confidentiality, integrity, and availability of all electronic protected health information created, received, maintained or transmitted by the county; protect against any reasonably anticipated threats or hazards to the security or integrity of such information; protect against any reasonably anticipated uses or disclosures of such information that are not permitted under the HIPAA privacy regulations; and ensure compliance by the county's workforce. To accomplish these responsibilities, the HIPAA security officer shall: (a) Develop, adopt with the approval of the county executive, and maintain HIPAA security policies and procedures: (i) To prevent, detect, contain, and correct security violations; (ii) To ensure that all members of the county workforce have appropriate access to electronic protected health information (including technical procedures); (iii) To prevent access to electronic protected health information by those workforce members who do not have authority under the HIPAA privacy regulations (including technical procedures); (iv) To address security incidents; (v) To respond to emergencies or other occurrences (for example, fire, vandalism, system failure, and natural disaster) that damage systems that contain electronic protected health information; (vi) To create and maintain retrievable exact copies of electronic protected health information and to restore any loss of data; (vii) To enable continuation of critical business processes for protection of security of electronic protected health information while operating in emergency mode; (viii) To limit physical access to its electronic information systems and the facility or facilities in which they are housed, while ensuring that properly authorized access is allowed; (ix) That specify the proper functions to be performed, the manner in which those functions are to be performed, and the physical attributes of the surroundings of a specific workstation or class of workstation that can access electronic protected health information; (x) That govern the receipt and removal of hardware and electronic media that contain electronic protected health information into and out of a facility, and the movement of these items within the facility; (xi) To address the final disposition of electronic protected health information, and/or the hardware or electronic media on which it is stored; (xii) For removal of electronic protected health information from electronic media before the media are made available for re-use; (xiii) To protect electronic protected health information from improper alteration or destruction; (xiv) To verify that a person or entity seeking access to electronic protected health information is the one claimed; and (xv) Such policies and procedures necessary to comply with amendments or additions to the HIPAA security standards. (b) Implement a security awareness and training program for all members of the county workforce (including management); (c) Perform a periodic technical and nontechnical evaluation, based initially upon the HIPAA security standards and subsequently, in response to environmental or operational changes affecting the security of electronic protected health information, that establishes the extent to which the county's security policies and procedures meet the requirements of the HIPAA security standards; (d) Implement physical safeguards for all workstations that access electronic protected health information to restrict access to authorized users only; (e) Implement hardware, software, and/or procedural mechanisms that record and examine activity in information systems that contain or use electronic protected health information; (f) Implement technical security measures to guard against unauthorized access to electronic protected health information that is being transmitted over an electronic communications network; and (g) Establish, with the approval of the county executive, and publish the sanctions for employees who fail to comply with the county's HIPAA security policies and procedures. Sanctions will be appropriate to the nature of the violation and will not apply to whistleblower activities, nor to complaints or investigations. (Added Ord. 03-035, April 9, 2003, Eff date April 21, 2003)

Chapter 2.52 MENTAL RETARDATION BOARD 2.52.010 Board created -- Duties.

A community board is hereby created and established to:

(1) Coordinate all of the local mental retardation services within Snohomish county with available state of Washington services;

(2) To provide a continuum of care and services through utilization and development of community mental retardation programs;

(3) To serve as an information and referral agency for mentally retarded persons and their families; and

(4) To make comprehensive plans for development of local services. (§ 1 of Res. adopted July 10, 1967).

2.52.020 Suggested services.

Community mental retardation programs may consist of any or all of the following services:

(1) Diagnostic and evaluation services of mentally retarded persons;

(2) Medical and dental services for those mentally retarded individuals unable to obtain private care;

(3) Psychiatric services of those mentally retarded unable to obtain private care in cooperation with any existing community mental health program;

(4) Group homes providing full or part time care, support and maintenance for mentally retarded persons;

(5) Facilities for vocational training and education of mentally retarded persons;

(6) Day care centers for mentally retarded persons;

(7) Informational services to the general public and educational services furnished by qualified personnel to schools, courts, health and welfare agencies and other appropriate public or private agencies or groups;

(8) Consultant services to public or private agencies for the promotion and coordination of services to the mentally retarded. (§ 2 of Res. adopted July 10, 1967).

2.52.030 Membership.

The community board shall consist of 15 persons appointed by the board of county commissioners. Six of the 15 members shall also serve on the community mental health program administrative board of Snohomish county and the same six persons shall be representatives from the health department, the county commissioners, the superintendent of schools, the superior court of Snohomish county (superior court judges may select an attorney to serve in their place), and the Snohomish County Medical Society, and the Washington State Department of Public Assistance. The board as a whole shall be representative of public, private or voluntary agencies and local governmental units which participate in a program for mentally retarded persons, and private citizens knowledgeable or interested in services to the mentally retarded in the community. (§ 3 of Res. adopted July 10, 1967).

2.52.040 Term -- Compensation.

Members of the community board shall serve for terms of three years and until a successor is appointed and qualified. No compensation shall be paid to said member. (§ 4 of Res. adopted July 10, 1967).

2.52.050 Funds.

The community board shall be authorized to receive funds from government sources and private donations and to spend the funds subject to the provisions of chapter 36.40 RCW (Laws 1963, Ch.4) and other statutes relating to expenditures by counties, for the purpose specified in SCC 2.52.010. (§ 5 of Res. adopted July 10, 1967).

2.52.060 Supervisor.

A supervisor shall be hired by the board of county commissioners, subject to the approval of the community board, to administer the above mentioned services provided by the community board. The supervisor may be employed on a part time or full time basis and need not be a resident of Snohomish county. (§ 6 of Res. adopted July 10, 1967).

Chapter 2.53 PROPERTY MANAGEMENT

(Repealed by Ord. 93-136)

Chapter 2.56 CENTRAL SERVICES DEPARTMENT

Repealed by Ord. 07-121 on November 19, 2007, Eff date December 17, 2007

Chapter 2.60 PROBATION DEPARTMENT

2.60.010 Personnel.

The department shall have a chief probation officer and such further employees as shall be deemed necessary by the board of county commissioners. The employees shall be appointed by and serve at the pleasure of the majority of the judges of the district justice courts. (§ 1 of Res. adopted May 5, 1969).

2.60.020 Rules of administration and operation. Rules pertaining to the administration and operation of the probation department shall be adopted by the judges of the district justice courts. (§ 2 of Res. adopted May 5, 1969).

2.60.030 Budget.

The probation department shall be a part of the district justice court and its budget will be set in the same manner and as part of the total expenditures of the district court budget under the provisions of RCW 3.62.050, Chapter 611, Laws of 1969. (§ 3 of Res. adopted May 5, 1969).

2.60.040 Acceptance and utilization of donations.

The department is authorized to accept and utilize donations of time, money and facilities from private sources under the supervision of the judges of the district justice courts. (§ 4 of Res. adopted May 5, 1969).

Chapter 2.64 HOUSING AUTHORITY

2.64.010 Findings of board of commissioners.

The board of county commissioners of the county of Snohomish, Washington, hereby determines, finds and declares, in pursuance of the Housing Authorities Law, as amended, that:

(1) Unsanitary and unsafe inhabited dwelling accommodations exist in the county of Snohomish, Washington; and

(2) There is a shortage of safe and sanitary dwelling accommodations in the county of Snohomish, Washington, available to persons of low income at rentals they can afford; and

(3) There is need for a housing authority to function in the county of Snohomish, Washington; and

(4) The name of said authority shall be "Housing Authority of Snohomish County." (Res. adopted March 15, 1971).

2.64.020 Appointment of commissioners -- Terms.

(1) The following persons be and the same are hereby appointed as commissioners of the housing authority of Snohomish county, to serve from March 15, 1971, for the number of years appearing after their names, respectively:

ALLEN K. REMINGTON

215 Jensen Street

Arlington, Washington 1 year term and chairman LEO GESE

5905--196th Street

Lynnwood, Washington 2 year term

LEON STOCK

1626--5th Street

Marysville, Washington 3 year term

REV. PATRICK G. O'NEILL

230 Avenue B

Snohomish, Washington 4 year term

MICHAEL D. PHILLIPY

11005--16th Avenue S.E.

Everett, Washington 5 year term

(2) Mr. Allen K. Remington is hereby designated as the first chairman of the housing authority of Snohomish county, to serve as such officer until the expiration of his term as commissioner.

(3) A copy of this resolution, signed by each member of the board of county commissioners of the county of Snohomish, Washington, sealed with its official seal and attested by the clerk shall constitute the certificate of appointment of the commissioners of the housing authority of Snohomish county and designation of the first chairman and shall be filed with the auditor of the county. (Res. adopted March 15, 1971).

2.64.025 Succeeding terms.

Succeeding terms for each position shall be five years, PROVIDED That any appointment to fill a vacancy shall be for the remainder of the unexpired term. (Res. adopted May 21, 1973).

2.64.030 Application of Housing Act provisions approved.

The application of the provisions of Section 23 of the United States Housing Act of 1937, as amended, to Snohomish county is hereby approved. (Res. adopted May 21, 1971).

Chapter 2.68 DEPARTMENT OF PUBLIC WORKS 2.68.010 Department of public works established.

The board of county commissioners does hereby create a department of public works which shall be organized and function as any other department of the county. (Res. adopted August 14, 1972).

2.68.020 Authority of department.

The department of public works is hereby directed, authorized and empowered to implement, or cause and manage the implementation of, all public works projects now or hereafter lawfully undertaken by the county and enumerated in this chapter, and to operate and maintain, or cause and regulate the operation and maintenance of, publicly owned properties, systems and facilities which are a part of such public works projects. (Res. adopted August 14, 1972).

2.68.021 Right of entry.

The director of public works and his agents, in the performance of their functions and duties, may enter upon any land, public or private, in the county to make examinations, surveys, locations and appraisals for county road purposes. Said entries shall not be performed in such a manner as to do damage to the land or interfere with the use of land by those persons lawfully entitled to its possession. (Ord. 80-080, adopted October 13, 1980).

2.68.030 Administrative responsibility.

A director of public works shall be appointed by the board of county commissioners. He shall be responsible for the proper and efficient operation of the department of public works. He shall be directly responsible to the board of county commissioners. He shall have the responsibility of employing, supervising and dismissing the personnel of the department of public works. (Res. adopted August 14, 1972).

2.68.035 Delegation of authority concerning real property conveyances for road projects.

The director of public works or the county engineer shall have the power to accept on behalf of the county, deeds and other conveyances of real property necessary for the implementation of road projects specifically authorized and funded by the Snohomish county council or tendered in compliance with a condition of land use or development permit approval pursuant to adopted land use, development or engineering standards and regulations. With the concurrence of the director of planning and development services or his delegate, the director of the department of public works or the county engineer may delegate the authority vested in this section related to development permit approval, if the director or county engineer determines, in his or her discretion, that the delegation will improve delivery of services in the development permitting process or will serve the public health, safety, and welfare. In delegating such authority, the director of public works may reserve the right of final decision. (Added Ord. 92-089, Aug 19, 1992; Ord. 02-026, Eff. Date August 9, 2002; Ord. 05-116, Nov. 21, 2005, Eff date Dec. 18, 2005). 2.68.037 Delegation of authority to determine emergencies and imminent dangers related to hydraulic project approvals. (1.) The director of public works is authorized to declare an emergency pursuant to RCW 77.55.021(8) and to determine imminent danger exists pursuant to RCW 77.55.021(10) for the limited purpose of facilitating appropriate action by the department of fish and wildlife on applications for hydraulic project approval permits for projects to be undertaken by the county. (2.) As used in this section, the terms “emergency” and “imminent danger” shall have the meanings set forth in RCW 77.55.011. (Added by Ord. 10-075, Sept. 29, 2010, Eff date Oct. 11, 2010

2.68.040 Financing.

The department of public works shall incur no financial obligations nor authorize any financial expenditures except for such purposes as are expressly authorized in advance by the board of county commissioners in such a manner as the law provides. (Res. adopted August 14, 1972).

2.68.050 Departmental rules.

The director of public works shall establish and adopt such rules and procedures as are necessary to assure thorough and expeditious dealing with matters properly the concern of the department of public works; except, that such procedures shall not be in contravention of state law or county resolution. (Res. adopted August 14, 1972).

2.68.060 Duty to operate solid waste disposal sites.

The department of public works shall be the operating authority for all solid waste disposal sites owned or operated by the county. Operation of such sites shall comply with SCC 7.40.040.

*Code reviser's note: Chapter 7.40 SCC was repealed by Ord. 83-151. (Res. adopted August 14, 1972).

Chapter 2.74 DEPARTMENT OF THE MEDICAL EXAMINER

2.74.010 Office of medical examiner created.

There is hereby created as an executive department a Snohomish county department of medical examiner. The department shall be responsible for the statutory functions of county coroner including but not limited to the performance of autopsies and the investigation of death, as authorized by the statutes of the state of Washington. The department shall include a chief medical examiner who shall be a pathologist certified or eligible for certification in forensic pathology; and such staff as are necessary to accomplish its duties. The department will be managed and administered by the chief medical examiner. (Added Ord. 87-042, § 2, June 3, 1987).

2.74.020 Definitions. The following definitions shall apply to terms used in this chapter:

(1) "Department" means the Snohomish county department of the medical examiner.

(2) "Chief medical examiner" means the chief medical examiner for Snohomish county.

(3) "County personnel system" means those statements of employment under the provisions of chapter 3.68 SCC and amendments thereto.

(4) "Indigent deceased" means a deceased individual for whom no kin is liable for the cost of preparation, care, and disposition under RCW 68.50.160 and assets sufficient to cover such costs cannot be obtained from the estate or other sources. (Added Ord. 87-042, § 2, June 3, 1987; Amended Ord. 93-107, Oct. 6, 1993; Eff date Oct. 16, 1993).

2.74.030 Authority and functions.

The department shall perform the functions and duties of the coroner as set forth in chapter 36.24 RCW, chapter 68.08 RCW, and other statutes of the state of Washington as are applicable except as set forth in SCC 2.74.070. The department's functions shall include but not be limited to:

(1) Jurisdiction over human remains, perform autopsies and perform all other functions as are authorized by statute.

(2) Receiving all statutory notices required by statute to be given to the coroner.

(3) The title coroner as used elsewhere in this code shall mean the chief medical examiner. (Added Ord. 87-042, § 2, June 3, 1987).

2.74.040 Appointment of chief medical examiner.

The chief medical examiner shall be nominated and appointed by the executive with the advice and consent of the county council. The chief medical examiner shall serve at the pleasure of the executive and shall be subject to the county exempt personnel system. (Added Ord. 87-042, § 2, June 3, 1987).

2.74.050 Qualifications of chief medical examiner.

The chief medical examiner shall be a physician licensed by the state of Washington and certified or eligible for certification in forensic pathology. (Added Ord. 87-042, § 2, June 3, 1987).

2.74.060 Duties of medical examiner.

(1) The chief medical examiner may create divisions and reassign positions and functions within the department, PROVIDED That any budget transfers required by such actions are approved by the executive and the council and, PROVIDED FURTHER That personnel assignments and changes shall be made in conformance with the personnel rules and policies of Snohomish county. (2) The chief medical examiner shall plan, coordinate and manage all operations of the department.

(3) The chief medical examiner shall certify the cause of death in cases under the medical examiner's jurisdiction, sign death certificates, determine the need for autopsies and perform or cause to be performed autopsies as needed, investigate or cause to be investigated the cause of violent deaths or deaths resulting from accidents, homicides, suicides, or when the deceased was not under the care of a physician and perform all duties assigned to the coroner by the laws of the state of Washington now in effect or as hereafter amended, with the exception of those noted in SCC 2.74.070.

(4) The chief medical examiner may perform coroner's inquests pursuant to RCW 36.24.020 through 36.24.120, except that he may appoint an attorney to hear inquests where the chief medical examiner is required to give testimony.

(5) The chief medical examiner may be assigned other duties from time to time by the Snohomish county executive. (Added Ord. 87-042, § 2, June 3, 1987).

2.74.061 Unclaimed deceased persons.

Whenever anyone shall die within Snohomish county without making prior plans for the disposition of his or her body and there is no other person willing to provide for the disposition of the body, the chief medical examiner shall cause such body to be entrusted to a funeral home in the county where the body is found as provided in RCW 36.24.155. (Added Ord. 93-107, Oct. 6, 1993; Eff date Oct. 16, 1993).

2.74.062 Payment for indigent deceased.

Snohomish county shall reimburse the cost of preparation, care, and disposition of indigent deceased according to a rate schedule prepared by the chief medical examiner and approved by the county council. The chief medical examiner shall review the rate schedule annually and propose changes as necessary to administer the schedule to the county council for its approval. Disposition shall be by cremation unless the chief medical examiner finds there to be an exceptional circumstance, such as an ongoing criminal investigation, that warrants some other disposition. (Added Ord. 93-107, Oct. 6, 1993; Eff date Oct. 16, 1993).

2.74.070 Duties of the coroner assigned to county executive.

Those duties of the coroner described in RCW 36.24.010 and RCW 6.04.040 ff. giving power to the coroner to act as the county sheriff in certain instances shall be exercised by the Snohomish county executive. (Added Ord. 87-042, § 2, June 3, 1987).

2.74.080 Severability.

If any provision of this chapter is held invalid, the remainder of the chapter shall not be affected. (Added Ord. 87-042, June 3, 1987).

2.74.090 Effective date. The effective date of this chapter is June 15, 1987. (Added Ord. 87-042, § 2, June 3, 1987).

Chapter 2.76 BOARD OF EQUALIZATION

2.76.010 Board of equalization established.

Pursuant to chapter 84.48 RCW and chapter 458-14 WAC, a board of equalization is hereby established.

(Res. adopted August 27, 1973; Res. adopted April 9, 1973).

2.76.020 Appointment of members--Quorum.

The county council shall appoint the members of the board of equalization. The board shall consist of five members, a majority of which shall constitute a quorum. The council shall also appoint two alternate members. Alternates shall attend those meetings that regular members are unable to attend. Board members shall be selected for their knowledge of the values of property in the county and shall not be holders of any elective office nor be employees of any elected official. In order that as broad based a representation as possible may be made on the board of equalization, not more than two members may reside in any one county council district. (Ord. 82-079 § 1, adopted August 18, 1982; Res. adopted August 27, 1973; Res. adopted April 9, 1973; Amended Ord. 86-036, April 23, 1986).

2.76.030 Terms - Compensation

The terms of members of the board shall commence on the first day of May and shall be for three years or until their successors are appointed. No board member shall serve more than three consecutive full terms. The members shall receive such pay and allowances as are provided by chapter 84.48 RCW and chapter 458-14 WAC. (Ord. 82-079 § 1, adopted August 18, 1982; Res. adopted August 27, 1973; Res. adopted April 9, 1973; Amended Ord. 03-042, May 21, 2003, Eff date June 8, 2003).

2.76.040 Removal.

Each member may be removed by a majority vote of the county council. (Ord. 82-079 § 3, adopted August 18, 1982; Res. adopted August 27, 1973; Res. adopted April 9, 1973).

2.76.050 Assistants.

The board of equalization may appoint a clerk and such assistants, legal advisors and appraisers as are necessary to perform its functions as authorized by chapter 84.48 RCW and chapter 458-14 WAC and as provided in such budget as is approved by the county council. The appointment of clerk and assistants shall be subject to the approval of the county council. In addition to performing the duties of clerk of the board of equalization, the clerk shall also perform the duties of ex officio clerk of the ethics commission in accordance with SCC 2.50.110 and 2.50.115. (Ord. 82-079 § 3, adopted August 18, 1982; Res. adopted August 27, 1973; Res. adopted April 9, 1973; Amended by Ord. 09-024, April 22, 2009, Eff date May 8, 2009).

2.76.045 Vacancies

A vacancy resulting from the expiration of a term of office shall be filled by appointment to a new full term of three years. A vacancy occurring for any reason other than the expiration of a term of office shall be filled by appointment for the remainder of the unexpired term of the office being filled. (Added Amended Ord. 03-042, May 21, 2003, Eff date June 8, 2003)

2.76.060 Powers and duties--Meetings.

The board of equalization shall have such powers and duties, conduct such meetings, and keep such records as are provided for by chapter 84.48 RCW and 458-14 WAC.

(Res. adopted August 27, 1973; Res. adopted April 9, 1973).

2.76.070 Time limit for filing petitions.

The owner or person responsible for payment of taxes on any property within the county may petition the board of equalization for a change in the assessed valuation placed upon the property by the county assessor or for any other reason specifically authorized by statute. The petition must be filed with the board on or before July 1 of the year of the assessment or determination or within sixty days after the date an assessment, value change notice, or other notice is mailed, whichever is later. (Added Ord. 02-010, March 27, 2002, Eff date April 8, 2002; Emerg. Ord. 05-016, Mar. 23, 2005, Eff date Mar. 23, 2005). Chapter 2.80 ALCOHOLISM AND DRUG ABUSE ADMINISTRATIVE BOARD

2.80.010 Alcoholism and drug abuse administrative board created.

There is hereby created in Snohomish county an alcoholism and drug abuse administrative board established to advise and make recommendations to the county executive through the Snohomish county department of human services on all matters relating to the development and funding of prevention, early intervention and treatment activities in the areas of alcoholism and drug abuse.

(Added Ord. 87-061, § 2, July 29, 1987).

2.80.020 Duties.

(1) Conduct public hearings and other investigations to determine the needs and priorities for alcoholism and drug abuse services to the citizens of Snohomish county.

(2) Review, approve and forward to county council plans, policies, budgets and applications for funding to the department of social and health services for alcoholism and substance abuse prevention and treatment. (3) Review annual performance evaluations of programs under contract as prepared by human services department staff during onsite visits, from monitoring data from agencies and the state management information systems.

(4) Approve the human services departments recommendations for the expenditure of such moneys as the county and cities shall designate as required by RCW 70.96.096 for the purpose of supporting alcoholism services.

(5) Advise the county executive and the county council through the human services department on allocations of alcohol and drug abuse grant resources.

(6) Nominate individuals to the county legislative authority for the position of coordinator of the alcohol and drug abuse program.

(Added Ord. 87-061, § 2, July 29, 1987).

2.80.030 Membership and qualifications.

The alcoholism and drug abuse board shall consist of 15 members. Such members shall include two community representatives from each county council district. The executive and department of human services shall be encouraged to recruit board members from the law enforcement, medical and educational professions. Members of the board shall be representative of the community and shall include two recovered alcoholics, two substance abusers in the recovery stage, and a minority representative. Members of the board shall include, where possible, former clients of alcohol and/or substance abuse and treatment programs and relatives of clients. No more than four elected or appointed county or city officials may serve on the board at any one time. Employees or board members of agencies, other than school districts and law enforcement agencies, receiving funding for alcohol and drug abuse services are ineligible to serve on the alcoholism and drug abuse board. Employees or board members of a school district or law enforcement agency receiving funding for alcohol and drug abuse services may serve on the board, but must remove themselves from participation in matters concerning funding of that school district or law enforcement agency.

(Added Ord. 87-061, § 2, July 29, 1987).

2.80.040 Terms.

Alcoholism and drug abuse board members shall serve three year terms and until their successors are appointed and qualified, not to exceed three consecutive terms. Initially five members will be appointed to one year terms, five to two year terms and five to three year terms so that an equal number of vacancies occur each year. (Added Ord. 87-061, § 2, July 29, 1987).

2.80.050 Compensation.

No compensation shall be paid to said members, however mileage in the amount prescribed by Snohomish county as now or hereafter amended may be paid for expenses incurred as a result of participation in official meetings of the board. Board members may also be reimbursed for expenses incurred for attendance at meetings or seminars relative to alcoholism and/or drug abuse provided such expenditures are approved by the board and funds exist for such reimbursement.

(Added Ord. 87-061, § 2, July 29, 1987). 2.80.060 Severability.

If any section, sentence or phrase of this chapter is for any reason held to be invalid, then the parts thereof not declared to be invalid shall remain in full force and effect.

(Added Ord. 87-061, § 2, July 29, 1987).

2.80.070 Vacancies.

Any vacancy, whether caused by death, removal or resignation, shall be filled with someone possessing the required qualifications of the vacating member. Any such appointment shall be for the remainder of the vacating member's term. Three or more unexcused absences within a 12-month period shall be considered grounds for removal from the board by a simple vote of the majority. The board may recommend nominees to the county to fill any vacancies that occur.

(Added Ord. 87-061, § 2, July 29, 1987).

Chapter 2.84 SNOHOMISH COUNTY WASHINGTON STATE FERRY TARIFF AND CHARGE ADVISORY COMMITTEE

2.84.010 Snohomish County Washington State ferry tariff and charge advisory committee created.

Pursuant to authorities conferred by RCW 47.60.290 through 47.60.320, there is hereby created a committee in Snohomish county to be known as the Snohomish County Washington State ferry tariff and charge advisory committee for the purpose of advising the Washington Toll Bridge Authority upon its triennial review relative to appropriate tariffs and charges applicable to the operation of Washington State ferries.

(§ 1 of Res. adopted March 4, 1974).

2.84.020 Powers.

Said committee is empowered and directed to inform the Washington Toll Bridge Authority of problems being experienced within the area served by the Washington State ferries. The committee shall advise said authority on such tariffs and charges and subject matters as are provided for by RCW 47.60.290 through 47.60.320.

(§ 2 of Res. adopted March 4, 1974).

2.84.030 Composition.

The committee shall be composed of five members who shall be citizens of Snohomish county. Appointment shall be by resolution of the board of commissioners of Snohomish county.

(§ 3 of Res. adopted March 4, 1974).

2.84.040 Term. The term of the members shall coincide with the duration of each triennial review of tariffs and charges by the Washington Toll Bridge Authority.

(§ 4 of Res. adopted March 4, 1974).

2.84.050 Compensation.

The members of said committee shall serve without fee or compensation.

(§ 5 of Res. adopted March 4, 1974).

2.84.060 Ratification.

The appointment of initial members listed by resolution dated December 10, 1973, is hereby ratified, said members to serve the term provided for in SCC 2.84.040.

(§ 6 of Res. adopted March 4, 1974).

Chapter 2.85 SNOHOMISH COUNTY TRANSPORTATION BENEFIT DISTRICT

2.85.010 District established. There is hereby established the Snohomish county transportation benefit district with geographical boundaries comprised of the unincorporated limits of the county. (Added Amended Ord. 10-103, July 13, 2011, Eff date July 25, 2011)

2.85.020 Governing board. The governing board of the transportation benefit district shall be the Snohomish county council acting in an ex officio and independent capacity. (Added Amended Ord. 10-103, July 13, 2011, Eff date July 25, 2011)

2.84.030 Powers of the district. The transportation benefit district shall have the powers set out in chapter 36.73 RCW and this chapter, and shall carry out the transportation improvements described in SCC 2.85.040. (Added Amended Ord. 10-103, July 13, 2011, Eff date July 25, 2011)

2.85.040 Use of funds. The funds generated by the transportation benefit district shall be used to operate the district and to acquire, construct, improve, provide, or fund the transportation improvements within the meaning of RCW 36.73.015 that are listed in Exhibit A to Amended Ordinance No. 10-103. (Added Amended Ord. 10-103, July 13, 2011, Eff date July 25, 2011)

2.85.050 Dissolution of the district. The district shall be dissolved when all indebtedness of the district is retired and when all of the district’s anticipated responsibilities have been satisfied. (Added Amended Ord. 10-103, July 13, 2011, Eff date July 25, 2011)

Chapter 2.88 TRANSPORTATION AUTHORITY

2.88-010 - Rights, powers and duties.

There is hereby created a county transportation authority within Snohomish County, Washington, hereafter to be known as the Snohomish county transportation authority which shall have all rights, powers and duties specified in Substitute House Bill No. 670, as passed by the legislature and approved by the governor, and as now or hereafter amended, and all other statutes relevant to public transportation. (§ 1 of Res. adopted May 6, 1974).

Chapter 2.90 RISK MANAGEMENT AND INSURANCE

2.90.010 Purpose.

The purpose of the ordinance codified in this chapter is to define the risk management program for the county, establishing authority and procedures for resolution of damages, claims and lawsuits.

(Added Ord. 84-062, § 2, May 30, 1984; Amended Ord. 88-012, § 2, March 30, 1988; Amended Ord. 96-006, § 1, March 13, 1996, Eff date March 28, 1996).

2.90.020 Definitions.

As used in this chapter, the following words and terms shall have the meanings set forth herein:

(1) "Claim" means any claim for damages based on alleged conduct of the county, or employee(s), officers, or volunteers of the county arising while performing or in good faith purporting to perform his or her official duties as set forth in RCW 4.96.020 as presently enacted or hereafter amended.

(2) "Council" means the Snohomish county council;

(3) "Executive" means the Snohomish county executive or his/her designee;

(4) "Incident" means any accident, event, activity, or series of events involving one or more individuals which may result in the filing of a formal claim for damages or reimbursement. An incident report shall not constitute a formal claim for damages.

(5) "Insurance fund" means that fund provided in Title 4 SCC;

(6) "Lawsuit" means any lawsuit, including any lawsuit brought pursuant to Ch. 4.96 RCW as presently enacted or hereafter amended, naming the county or employee, officer or volunteer of the county for acts or omissions arising while performing or in good faith purporting to perform his or her official duties, as defendant or third party defendant, and seeking, at least in part, money damages; (7) "Prosecuting attorney" means the prosecuting attorney of Snohomish county and such regular and special deputies as are assigned to perform functions referred to herein;

(8) "Risk management" shall mean a coordinated and continuous management process to identify and analyze potential loss exposures, to apply where possible reasonable and effective processes to transfer or reduce the risk of loss so as to preserve the assets of Snohomish county. Risk management shall include insurance purchase and management of insurance policies for the county, the determination and setting of adequate reserves in the county insurance fund, claims management, providing legal defense to the county, loss prevention and management of safety and industrial insurance programs;

(9) "Risk manager" shall mean the director of the department of finance or the director's designee.

(10) "Designated insurance broker" means an insurance broker who is under contract to provide assistance to the risk management committee.

(Added Ord. 84-062, § 2, May 30, 1984; Amended Ord. 88-012, § 3, March 30, 1988; Amended Ord. 96-006, § 2, March 13, 1996, Eff date March 28, 1996; Ord. 07-045, June 6, 2007, Eff date June 18, 2007).

2.90.025 Risk management committee created.

(1) There is hereby created a Snohomish County risk management committee composed of the following:

(a) Director of human resources or designee;

(b) Director of budget and finance or designee;

(d) Executive or designee who shall serve as chair;

(e) Member designated by county council or designee.

(2) The risk management committee is charged with the function of overseeing the county's risk management activities. (Added Ord. 88-012, § 4, March 30, 1988; Amended Ord. 96-006, § 3, March 13, 1996, Eff date March 28, 1996).

2.90.027 Duties of the risk management committee.

The risk management committee shall be responsible for the following; among others:

(1) Adopting consistent reporting requirements for all incidents and accidents;

(2) Recommending changes or modifications to coverage limits;

(3) Approving recommendations for loss reduction strategies and forwarding recommendations to all county departments;

(4) Reviewing all reports provided by executive; (5) Recommending operating policies and procedures to the county council and county executive. (Ord. 96-006, § 4, March 13, 1996. Eff date March 28, 1996).

2.90.030 Duties of the executive.

The executive shall be responsible for the following:

(1) Designate a chair of the risk management committee;

(2) Coordinate the risk management program and services for the county;

(3) Establish insurance requirements for county contracts and leases;

(4) Purchase of appropriate insurance as available on reasonable terms to reduce the county's risk of loss;

(5) Management of the county's insurance programs;

(6) Advise county departments, divisions, and other agencies regarding programs and precautions for safety as established by the executive to reduce hazards to the employee and public that may exist in county facilities and operations;

(7) Make tenders of potentially insured claims to insurance carriers or third party administrators in coordination with the prosecuting attorney;

(8) Maintain loss histories for all lines of coverage;

(9) Oversee broker and third party claims administrators;

(10) Recommend coverage changes and modifications to policies to the risk management committee;

(11) Prepare and disseminate such guidelines as are necessary to inform county employees of their responsibilities in relation to accident reporting and risk management policy. (Added Ord. 88-012, § 5, March 30, 1988; Amended Ord. 96-006, § 5, March 13, 1996, Eff date March 28, 1996).

2.90.045 Duties of the prosecuting attorney.

The prosecuting attorney shall:

(1) Defend all lawsuits against the county and officers, employees, and volunteers as authorized pursuant to this chapter, except where other counsel is provided by insurance coverage or appointed pursuant to RCW 36.32.200. The prosecuting attorney may appear as co-counsel with insurance provided or county retained counsel, where appropriate;

(2) Provide legal advice to other county officials regarding the disposition of claims against the county in accordance with the criteria set forth in SCC 2.90.060 herein.

In addition, the prosecuting attorney shall have the authority to:

(3) Make tenders of potentially insured claims to insurance carriers; (4) Investigate, as the prosecutor deems appropriate, any incidents, or conditions prior to a claim being filed, for the purpose of possible litigation and/or preventing future incidents;

(5) Prosecute, at the prosecutor's sole discretion, claims for contribution, counter-claims, cross-claims and other claims arising from damage to county property or other losses suffered by the county due to negligence of some other party;

(6) Recommend means of reducing potential liability to appropriate county officials. (Added Ord. 88-012, § 7, March 30, 1988; Amended Ord. 96-006, § 7, March 13, 1996, Eff date March 28, 1996).

2.90.050 Incident and claims handling procedures.

(1) Service and Filing. In accordance with RCW 4.96.020(2), claims against the county shall be filed with the risk management division of the department of finance and, in accordance with RCW 4.28.080(1), summons and complaints shall be served upon the auditor. No officer, employee or volunteer of the county may waive the service and/or filing requirements.

(2) Transmittal. The risk manager shall transmit copies of all claims and the auditor shall transmit copies of all lawsuits to the prosecuting attorney, and department involved in the claims or lawsuit within two (2) business days of receipt. The risk manager shall submit a claim report to the council each quarter, or more often as requested by the council. (Added Ord. 84-062, § 2, May 30, 1984; Amended Ord. 88-012, § 8, March 30, 1988; Amended Ord. 93-101, Oct. 6, 1993; Eff date Oct. 16, 1993; Amended Ord. 96-006, § 8, March 13, 1996, Eff date March 28, 1996; Ord. 07-045, June 6, 2007, Eff date June 18, 2007).

2.90.060 Claims and lawsuit disposal procedure.

(1) The risk manager shall have the authority to settle any claim or lawsuit in which the amount of the settlement does not exceed $15,000. If the risk manager is unavailable, the director of the department of finance may approve such settlements.

(2) The executive shall have the authority to settle claims and lawsuits in which the amount of the settlement is between $15,000 to $100,000 for any incident with the recommendation of the prosecuting attorney.

PROVIDED that if the aggregate amount of all claims or lawsuits settled as a result of a single incident exceeds $100,000, then approval by the county council shall be required for the settlement of those claims or lawsuits which would exceed the $100,000 limit per incident.

(3) The county council shall approve all settlements of claims and lawsuits for amounts in excess of $100,000. The prosecuting attorney shall make recommendations to the executive and the council for proposed settlements of lawsuits or claims for amounts in excess of $50,000. Added Ord. 84-062, § 2, May 30, 1984; Amended Ord. 88-012, § 9, March 30, 1988; Amended Ord. 93-101, Oct. 6, 1993; Eff date Oct. 16, 1993; Amended Ord. 96-006, § 9, March 13, 1996, Eff date March 28, 1996; Ord. 07-045, June 6, 2007, Eff date June 18, 2007).

2.90.065 Denial of Claims The risk manager is authorized to deny any claim made against the county if the risk manager determines that the claim is without merit or that the county has no legal liability. (Added Ord. 07-045, June 6, 2007, Eff date June 18, 2007)

2.90.070 Small claims collections.

(1) County officials, department heads, or their designees, shall have the authority after notifying the prosecuting attorney to pursue, collect and/or defend monetary claims within the jurisdiction of small claims court or brought in small claims court pursuant to chapter 12.40 RCW.

(2) County officials, department heads, or their designees, shall be responsible for defending the county in small claims actions alleging tortious conduct on behalf of the county, agent of the county or employee of the county acting within the scope of employment. Notice of claim shall be provided to the prosecuting attorney pursuant to subsection (5) below.

(3) The prosecuting attorney may, at his/her sole discretion, pursue, collect, or defend the monetary claims in small claims court.

(4) County officials, department heads, or their designees, are authorized, upon being awarded a judgment in favor of the county in small claims court, to employ a collection agency for services to collect and/or execute on said judgment.

(5) Each county official, department head, or their designee, shall be responsible for maintaining records of each and every claim pursued, collected or defended by them. These records shall include detailed information as to the nature and amount of the claim, the official or department head responsible for its collection or defense, the individual who appeared in court on behalf of the county, and the disposition of the action. A copy of those records shall be sent to the prosecuting attorney. (Added Ord. 84-062, § 2, May 30, 1984; Amended Ord. 88-012, § 10, March 30, 1988).

2.90.080 Duties of county officers and employees.

(1) Cooperation. All county officials and employees shall have a duty to report to and cooperate fully with the prosecuting attorney and other county officials and the third party administrator concerning accidents or investigation of any incident or condition. All officials and department heads have a duty to provide requested information and otherwise assist the prosecuting attorney in the defense of lawsuits. Such assistance may include but is not limited to the providing of testimony and exhibits for use in litigation.

(2) Forbidden Acts. Except when authorized under the provisions of this chapter, no employee, officer or volunteer, acting individually or collectively, may:

(a) Negotiate or otherwise effect the settlement of a claim or lawsuit against the county;

(b) Make an admission of liability involving an incident, claim or lawsuit against the county, its elected and appointed officials, employees and volunteers.

(3) Employee Responsibility Concerning Accident Occurrence. Every officer or employee shall have a duty, in the event of an accident or incident, which is likely to result in suit being brought against such officer or employee, or the county, to notify his or her supervisor and, as soon thereafter as possible, provide notice of such accident or incident pursuant to county risk management procedures to finance department. (Added Ord. 84-062, § 2, May 30, 1984; Amended Ord. 88-012, § 11, March 30, 1988; Amended Ord. 96-006, § 10, March 13, 1996, Eff date March 28, 1996).

2.90.085 Defense of county employees, officers and volunteers.

(1) Whenever any action or proceeding is brought against any county employee, officer, or volunteer, who is not an independent contractor, or against such person and the spouse and/or marital community of any such person, arising from acts or omissions of that person while performing or in good faith purporting to perform his or her official duties, the county shall, upon request, authorize defense of the action or proceeding at county expense in accordance with this section. Snohomish County shall defend, indemnify, and hold harmless said protected personnel, subject to conditions and limitations of this chapter and RCW 36.16.134, from all costs, judgments or other civil liabilities, except punitive damages. This duty shall not apply to criminal, infraction or other non-civil proceedings or liabilities or where a lawsuit arises out of use of his or her personal vehicle by a county officer, employee or volunteer.

(2) Whenever any person designated in subsection (1) of this section is named as a defendant in an action or proceeding arising out of acts or omissions while performing or in good faith purporting to perform his or her official duties, he or she shall immediately notify the prosecuting attorney and forward a copy of any pleading served on him or her to the prosecuting attorney. In addition, an application for representation must be submitted to the prosecuting attorney in writing no later than 10 days after the applicant's receipt of service of process. Such application must include copies of any pleadings served and such additional information as may be requested. If submission is not made within the 10-day period, the county may refuse to protect, defend and hold the applicant harmless in the legal action in question.

(3) Upon receipt of an application for representation, the prosecuting attorney is hereby authorized to appear in such action in order to maintain the status quo in the proceedings pending the county's decision under this chapter whether legal counsel will be provided.

(4) The prosecuting attorney or his or her designee shall review the application for representation and if the prosecuting attorney or his or her designee determines that the individual requesting representation is a county officer, employee or volunteer and that the action arises out of acts or omissions performed or in good faith purported to have been performed in the course of his or her official duties, the prosecuting attorney shall authorize representation at county expense.

(5) If the prosecuting attorney or his or her designee determines that the individual requesting representation is not entitled to representation, the individual may appeal this decision to the county council. This appeal must be filed with the clerk of the county council no later than 10 business days after the date of receipt of the prosecutor's decision to deny representation. The council shall determine whether the acts or omissions of the officer, employee, or volunteer are, or in good faith purported to be, within the scope of his or her official duties so that the individual is entitled to representation. If the council reverses the denial, the county shall provide legal counsel for representation in and defense of civil suits and shall hold these individuals harmless for any expenses connected with the defense, settlement, or monetary judgment arising from same, except as provided for in SCC 2.90.086. All decisions of the council shall be final.

(6) Where a possible conflict exists between the county and a county official or employee or other individual otherwise entitled to representation under this chapter, the prosecuting attorney may decline to represent that person. In such cases, the county shall be responsible for payment of reasonable attorneys' fees and costs incurred in defense of the county official or employee as authorized by the prosecuting attorney. The prosecuting attorney shall have the sole authority to select counsel to represent the individual for whom the county is providing a defense, consistent with the rules of professional conduct. The prosecuting attorney shall make appropriate arrangements for the representation of the county official or employee. (7) Defendant Liability Insurance. In the event county officer, volunteer, or employee is protected by a policy of liability insurance, the policy shall be relied upon the officer or employee to the extent that such policy provides defense or insures the official or employee. If the officer or employee will suffer losses and/or expenses not covered by the policy, the county shall provide protection for such excess loss and/or expenses.

(8) Limitations. If any such officer, volunteer, or employees fail or refuse to cooperate as specified in SCC 2.90.080 and 2.90.085, or elects to provide his or her legal representation with respect to claims and/or litigation arising out of acts or duties in the scope of his or her employment by the county, the provisions of this chapter will be inapplicable and of no force and effect with respect to any such claim and/or litigation; PROVIDED, That the obligations assumed under this section by the county shall not apply to any negligent act, error or omission not within the scope and course of the official duties of the county officer, volunteer or employee, nor to any dishonest, fraudulent, criminal or malicious act nor extend to any lawsuit brought by the county or in its behalf. The provisions of this section shall not modify existing procedures or requirements of law for processing and payment of claims against the county, or of judgments in those cases in which the county is a party defendant; PROVIDED, That such claims, lawsuits and judgments shall be handled in all respects in the same manner as those in which a claim is filed or a lawsuit brought against the county, notwithstanding any other provisions contained in this section. Such provisions shall have no force and effect with respect to any accident, occurrence or circumstance to the extent to which the county, the officer, volunteer, or employee is insured against loss or damages under the terms of any valid insurance policy. (Added Ord. 88-012, § 12, March 30, 1988; Amended Ord. 96-006, § 14, March 13, 1996, Eff date March 28, 1996).

2.90.086 Punitive damages.

In the event that punitive damages are awarded against any county officer, employee, or volunteer in any action or proceeding as a result of acts or omissions of such officer, employee, or volunteer while performing or in good faith purporting to perform his or her official duties, the individual against who punitive damages have been awarded may apply to the county council for indemnification for such punitive damages. Such application for indemnification must be filed in writing with the clerk of the council within 30 days of the date of the entry of the judgment for punitive damages. The county council, in its sole discretion, shall determine whether to pay the punitive damages award. The decision of the county council shall be final. (Ord. 96-006, § 12, March 13, 1996, Eff date March 28, 1996).

2.90.087- Representation of county witnesses.

The prosecuting attorney is authorized to represent any county officer, employee, or volunteer who is subpoenaed to testify as a witness in a deposition, trial or other proceeding on matters arising out of the officer's employee's or volunteer's performance of his or her official duties, The prosecuting attorney has the sole discretion to determine whether to provide representation of such county witnesses. Such representation, if provided, shall only extend to the county witness in his or her official capacity and shall be provided only to the extent that the interests of the county witness are consistent with the interests of the county. (Ord. 96-006, § 13, March 13, 1996, Eff date March 28, 1996).

2.90.090 Procedure for representing defendant employees, officers and volunteers.

(1) Employees, officers and volunteers of Snohomish County who are named individually in a claim or lawsuit, and wish the county to indemnify or defend them shall make application for same to the prosecuting attorney. Such application shall include a complete statement of the act(s) and/or omission(s) complained of, together with copies of any pleadings served and such additional information as may be requested. This application shall be submitted to the prosecuting attorney's office no later than 10 days after service of process upon the applicant. If submission is not made within the 10-day period the prosecuting attorney may refuse to protect, provide defense or hold the applicant harmless in the legal action in question unless the applicant demonstrates that he/she had a reasonable excuse for the failure to comply with the time requirement.

(2) Action of Prosecuting Attorney Pending Decision to Provide Counsel. Upon receipt of copies of all pleadings, the prosecuting attorney is hereby authorized to appear in such action to the extent permitted by state law in order to maintain the status quo in the proceedings pending decision as to whether legal counsel will be provided.

(3) Synopsis and Recommendation--Preparation. Upon refusal to accept defense, the prosecuting attorney shall prepare a synopsis of the nature of the legal action and whether or not, in his/her opinion, the applicant acted in good faith or purported to act within the scope of his or her official duties and forward such synopsis to the council, together with his own recommendation thereon.

(4) Council to Decide. The council shall decide whether to uphold the denial of defense by the prosecuting attorney as to whether the acts or omission of the applicant were in good faith and within the scope of his or her official duties. If the council reverses the denial, the county shall provide legal counsel for representation in and defense of civil suits and shall hold these individuals harmless for any expenses connected with the defense, settlement, or monetary judgment arising from same. All decisions of the council shall be final and not appealable on any grounds. (Added Ord. 84-062, § 2, May 30, 1984; Amended Ord. 96-006, § 14, March 13, 1996, Eff date March 28, 1996).

2.90.900- Severability.

Chapter 2.94 ARTS COUNCIL OF SNOHOMISH COUNTY, INC.

2.94.010 Recognized.

The board of county commissioners hereby recognizes the arts council of Snohomish County, Inc., as an advisory body which may advise the board on such matters relating to the promotion and development of arts within Snohomish county as may be referred to it by the board. Said council shall render assistance and advice to the board through the Snohomish county parks department. (Res. adopted October 6, 1975).

Chapter 2.95 SNOHOMISH COUNTY ARTS COMMISSION

2.95.010 Creation and purpose There is hereby established the Snohomish county arts commission. The purpose of the arts commission is to propose and oversee a county arts program. The arts commission shall serve as an advisory board to the executive branch of county government and perform the arts-related duties described in SCC 2.95.040. (Added Amended Ord. 04-063, July 28, 2004, Eff date Aug. 9, 2004)

2.95.020 Definitions

In this chapter, unless the context clearly requires otherwise, (1)" "arts commission" means the Snohomish county arts commission established by SCC 2.95.010; (2) "arts fund" means the fund created by SCC 2.95.080; (3) "arts program" means the arts program established pursuant to SCC 2.95.050; (4) "arts program administration" means staff responsibilities incidental to aiding the arts commission in implementing this chapter; (5) "the arts" means all visual and performing artistic media. Visual media include but are not limited to drawing, tapestry, weaving, painting, mural, fresco, sculpture, mosaic, photograph, calligraphy, collage, assemblage, artist made or designed building parts, floor, wall or ceiling treatments, railings, corbels, lintels, beams, benches, and structural or functional elements of a building or structure. Performing media include but are not limited to music, theater, dance, storytelling, and performance art; and (6) "cost" of a county construction project means only the county-funded portion of a county construction project, provided that the "cost" shall not include the cost of real property acquisition, equipment or furnishings, and provided further that if the source of construction funding or other applicable law precludes the arts as an object of expenditure of funds, "cost" shall exclude the funds so precluded; (7) "county construction project" means any project funded wholly or in part by the county to construct or remodel any building, park or public space owned wholly or in part by the county, provided that such project has a cost of at least $100,000, and provided further that "county construction project" shall not mean a project or portion of project involving county public roads, surface water management, airport airfield or airport lease related structures; and (8) "works of art" mean products of the arts. Works of art may also include an area or space specifically designed, constructed and managed as a display area for visual media or a performance venue for performing media. (Added Amended Ord. 04-063, July 28, 2004, Eff date Aug. 9, 2004; Amended Ord. 06-026, June 14, 2006, Eff date July 8, 2006)

2.95.030 Arts commission membership

(1) The arts commission shall consist of seven members, to include at least one from each council district and two at-large members and seven alternates. The alternates, one from each council district and two at-large alternates, shall each serve in the absence of the member for whom they are the alternate. Members and alternates shall be residents of Snohomish county. No more than two members and no more than two alternates may reside in any single council district. (2) The two at-large members and their alternates shall be appointed by the executive and the five members and their alternates shall be appointed by the county council. Council appointees shall be nominated by each council member, and not by any other council member, and confirmed by the council. The county executive may recommend names for appointment by the county council. (3) Names of potential members and alternates may be submitted to the county executive from any source. The county executive shall notify county arts organizations of vacancies so that names of interested and qualified individuals may be submitted by such organizations for consideration. (4) Each member and alternate shall (a) possess acknowledged accomplishment in one or more of the following fields: architecture, arts criticism, arts education, history, dance, communicative arts, crafts, theater, heritage arts, landscape architecture, literature, music, painting, photography, planning, sculpture, or ethnic arts; or (b) have publicly demonstrated a deep interest in and appreciation of cultural and artistic activities. (5) Members and alternates shall be selected without respect to political affiliation. (6) The original appointment of members to the commission shall be as follows: two for two years, two for three years, and three for four years, with all appointment terms (both executive and council) assigned by lots. Thereafter, appointments shall be made for four-year terms. The terms of alternates shall be coterminious with the terms of the members for which they serve as alternates. All appointees shall serve until their successors are appointed. (7) The terms of members on and alternates to the arts commission shall be limited as provided in SCC 2.30.050. (8) Vacancies for any unexpired term shall be filled by appointment for the remainder of the unexpired term. (9) All members and alternates shall serve without compensation. (Added Amended Ord. 04-063, July 28, 2004, Eff date Aug. 9, 2004; Amended Ord. 06-027; May 24, 2006; Eff date June 5, 2006)

2.95.040 Duties and powers of arts commission

The arts commission (1) shall advocate for the arts as a part of Snohomish county's culture; (2) shall recommend an annual arts program to the county executive for proposal to the county council for approval, which recommendation shall detail the proposed sources of funding for the arts program, including the funding provided by SCC 2.95.080(2); (3) shall recommend criteria for the selection of any artist or work of art to be funded through the arts program, such selection criteria to be submitted to the county executive for approval; (4) shall provide periodic reports to the county executive on recommended acquisitions of works of art; (5) shall recommend to the county executive the public site or sites at which to install, display, mount or perform any work of art funded through the arts program; (6) shall advise the county executive on the maintenance, conservation, removal, relocation, or alteration of any public arts facility or work of art owned by or loaned to the county; (7) shall make recommendations to the county executive on the funding for specific works of art; (8) may seek private or public donations and grants for the arts program, and (9) shall provide an annual written report to the county council on or before September 1 of each year that describes the activities of the commission during the current calendar year and contains the arts program described in SCC 2.95.030. (Added Amended Ord. 04-063, July 28, 2004, Eff date Aug. 9, 2004; Amended Ordinance No. 06-026; June 14, 2006, Eff date July 8, 2006)

2.95.050 Arts program

The arts program shall consist of the strategic objectives and specific tasks established in a calendar and plan, updated at least annually, recommended by the arts commission and approved by the county executive and county council acting by motion. (Added Amended Ord. 04-063, July 28, 2004, Eff date Aug. 9, 2004)

2.95.060 Quorum; officers

(1) Five members of the commission shall constitute a quorum. An alternate serving in the absence of the member for whom he or she is the alternate shall be counted for the purpose of determining a quorum. A vacancy in one or more positions on the commission shall not affect the validity of commission action so long as a quorum is present. (2) All actions of the arts commission shall require the affirmative vote of a majority of the full commission. Alternates serving in the absence of members for whom they are alternates shall have the same rights as the members for whom they are serving, except that a regular member shall preside over a meeting if the chairperson is absent. (3) The arts commission shall select from among its members a chairperson and such other officers as may be necessary to conduct the commission's business. (Added Amended Ord. 04-063, July 28, 2004, Eff date Aug 9, 2004; Amended Ord. 06-027, May 24, 2006, Eff date June 5, 2006)

2.95.070 Bylaws

The arts commission shall adopt bylaws governing (1) Compliance with the Open Public Meetings Act (chapter 42.30 RCW); (2) Rules of parliamentary procedure utilizing Robert's Rules of Order; (3) Order and conduct of business; and (4) Frequency of meetings. (Added Amended Ord. 04-063, July 28, 2004, Eff. date Aug. 9, 2004)

2.95.080 Arts fund

(1) The arts fund is hereby established. (2) The budget for each county construction project shall include an amount equal to 1% of the cost of the county construction project as defined in 2.95.020(6) and 2.95.020(7), which amount shall be deposited in the arts fund from the funds identified in that budget. The department responsible for the county construction project shall make or initiate the deposit into the arts fund. The county finance committee shall develop a policy that establishes the time and manner for the making of these deposits into the arts fund. (3) The county may in the budget ordinance provide for additional contributions to the arts fund. (4) Private or other public contributions to the county for the arts, including but not limited to grants, bequests and gifts, shall be deposited into the arts fund. At the request of the donor, a contribution may be limited to a particular work or works of art as approved by the county executive and county council acting by motion. (5) Any other proceeds or revenues dedicated to the county arts program shall be deposited into the arts fund. (6) The costs of arts program administration may be paid from the arts fund. (7) Amounts on deposit in the arts fund, less the costs of arts program administration, shall be expended only on works of art recommended by the arts commission and approved by the county executive pursuant to SCC 2.10.010 and thereafter approved by the county council pursuant to SCC 2.95.040(2). Expenditures from the arts fund may be made to create works of art, to acquire works of art, and to install, display, maintain or perform works of art. All expenditures from the arts fund shall be subject to appropriation by the county council. (Added Amended Ord. 04-063, July 28, 2004, Eff date Aug. 9, 2004; Amended Ord. 06-026, June 14, 2006, Eff date July 8, 2006; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007; Amended by Ord. 08-067, May 7, 2008, Eff May 17, 2008)

2.95.090 Executive to provide staff support

(1) The county executive may provide support for the arts program from existing county staff and resources. Any new staffing shall be subject to county council approval of overall county staffing levels. (2) The arts fund shall be managed by the finance director or his/her designee whose name and title shall appear on a master list maintained in the department of budget and finance. (Added Amended Ord. 04-063, July 28, 2004, Eff date Aug. 9, 2004)

Chapter 2.96

SNOHOMISH COUNTY HISTORIC PRESERVATION COMMISSION

2.96.010 Creation and purpose.

The Snohomish County Historic Preservation Commission is established to perform the following tasks: (1) Identify, evaluate, and designate historic resources in accordance with chapter 30.32D SCC; (2) Protect archaeological and historic resources; (3) Provide historic preservation information services; (4) Establish one or more classes of historic property eligible for special valuation pursuant to chapter 84.26 RCW and chapter 4.31 SCC; and (5) Foster civic pride in the beauty and accomplishments of the past, and a sense of identity with county history. (Added Amended Ord. 06-038, December 13, 2006, Eff date Jan. 5, 2007)

2.96.015 Definitions.

The following terms have special meaning in this chapter: (1) "Commission" means the Snohomish County Historic Preservation Commission as created in this chapter. (2) "Historic district" means historic property consisting of multiple buildings, structures, sites or objects located in proximity to one another and related in historic period or theme. (3) "Historic property" means real property together with any improvements, except property listed in a register primarily for objects buried below ground, which is listed in the local register, certified by the United States Secretary of the Interior as provided in 16 U.S.C. 470, or listed in the National Register of Historic Places. (4) "Local register"or "county register" means the Snohomish County Register of Historic Places created by chapter 30.32D SCC. (5) "Local review board" as referenced in chapter 84.26 RCW and chapter 254-20 WAC for the special valuation of historic properties refers to the Snohomish County Historic Preservation Commission created in chapter 2.96 SCC. (6) "National register" or "National Register of Historic Places" means the register maintained by the United States Secretary of the Interior composed of districts, sites, buildings, structures and objects significant in American history, architectural history, archaeology, engineering, and culture. (7) "Snohomish County Historic Resources Inventory" means the comprehensive inventory of historic resources within the boundaries of Snohomish County, including properties listed on the local, state and national registers of historic places and those not yet listed but worthy of evaluation by the commission for future listing on the local, state or national registers. (8) "State register" means the Washington Heritage Register, which is maintained by the Washington State Department of Archaeology and Historic Preservation composed of districts, sites, buildings, structures and objects significant in Washington State history, architectural history, engineering, and culture. (Added Amended Ord. 06-038, December 13, 2006, Eff date Jan. 5, 2007)

2.96.020 Membership.

(1) The commission shall consist of nine regular members and an unspecified number of special members selected as follows: (a) The nine regular members shall be recommended by the county executive and appointed by the county council pursuant to chapter 2.03 SCC. At least one regular member shall be from each council district. Names for membership consideration may be submitted to the county executive from any source. The county executive shall notify Snohomish County heritage and development-related organizations of vacancies so that names of interested and qualified individuals may be submitted by such organizations for consideration; (b) Where possible at least two members shall have professional experience in identifying, evaluating, and protecting historic resources and be selected from among the disciplines of history, architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, cultural geography, American studies, law or real estate. (c) Members shall be residents of Snohomish County except as approved by the county executive and Snohomish County Council, provided that exception to the residency requirement for commission members may be granted in order to obtain representatives from the disciplines of history, architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, cultural geography, American studies, law or real estate (d) Regular members of the commission shall have a demonstrated interest and competence in historic preservation and heritage issues and possess qualities of impartiality and broad judgment. (e) Regular members shall be selected without respect to political affiliations. (f) One special member shall be appointed from each municipality within Snohomish County that executes an interlocal agreement with the county to provide the municipality with the services designated in SCC 2.96.030(1)-(5). (i) The appointment of special members shall be made pursuant to the enabling ordinance adopted by each municipality. (ii) Special members shall be appointed to a three year term. (iii) A special member of the commission shall be a voting member solely on matters before the commission involving the designation of historic properties within the municipality from which the special member was appointed. (2) Term of service for regular members. (a) The original appointment of members to the commission shall be as follows: three for two years, three for three years, and three for four years. Appointments thereafter shall be made for three year terms. (b) Vacancies for any unexpired term shall be filled for the remainder of the unexpired term. (3) Commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or more positions as long as a quorum of a majority of the regular members of the commission is present. A special member shall count as part of a quorum for the vote on any matter involving the designation of historic properties within the municipality from which the special member was appointed. (Added Amended Ord. 06-038, December 13, 2006, Eff date Jan. 5, 2007)

2.96.030 Powers and duties.

The commission shall have the following powers and duties: (1) Survey historic resources and maintain, publicize and periodically update a comprehensive inventory of those resources within the boundaries of Snohomish County to be known as the Snohomish County Historic Resources Inventory. (2) Solicit, review, and evaluate nominations to the local register and National Register of Historic Places as provided in chapter 30.32D SCC and in the National Historic Preservation Act, 16 U.S.C. 470. Designate to the local register, with owner consent, such buildings, sites, structures, objects, and districts identified by the commission as having historic significance worthy of recognition by Snohomish County according to the criteria listed in SCC 30.32D.040. (3) Review proposals to modify, remodel, move, demolish, or significantly affect properties or districts on the register as provided in chapter 30.32D SCC, and issue certificates of appropriateness or waivers of certificates of appropriateness. (4) Review and make recommendations to staff and/or county council regarding applications for approvals, permits, environmental assessments or impact statements and other similar documents pertaining to identified local, state and national registered sites. (5) Conduct and participate in public information, educational, interpretive, and recognition-of- excellence programs pertaining to archaeological sites and historic properties. (6) Exercise the powers and duties contained in SCC 2.96.030(1)-(5) for incorporated cities that have executed interlocal agreements with Snohomish County for historic preservation services. (7) Serve as the local review board for special valuation pursuant to chapter 84.26 RCW, WAC 254- 20-060, and WAC 254-20-070 as follows: (a) Make determinations concerning the eligibility of individual properties for special valuation. (b) Verify that improvements are consistent with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, referred to in WAC 254-20-100 and used by the Washington State Advisory Council on Historic Preservation and by the commission. (c) Enter into agreements pursuant to WAC 254-20-070(2). (d) Approve or deny applications for special valuation. (e) Monitor property for continued compliance with agreements entered into under SCC 2.96.030(7)(c) and statutory eligibility requirements. (f) Following receipt of an application for special valuation from the county assessor, the commission shall, consistent with its adopted administrative rules, determine if the property meets the criteria for special valuation as set forth in SCC 4.31.050, and has not been altered in any way that adversely affects those elements that qualify it as historically significant. (g) If the commission finds that the property satisfies the criteria set forth in SCC 2.96.030(7)(f), it shall, on behalf of Snohomish County, enter into an agreement with the owner that, at a minimum, includes the provisions set forth in WAC 254-20-120. Upon execution of said agreement between the owner and the commission, the commission shall approve the application for special valuation. (h) If the commission determines that the property does not meet all of the requirements for special valuation, then it shall deny the application. (i) An application for special valuation submitted pursuant to SCC 4.31.060 shall be approved or denied by the commission before December 31 of the calendar year in which the application is made. The commission shall certify its decision in writing and state the facts upon which the approval or denial is based. The commission shall file a copy of the certification with the county assessor within ten days of issuing a decision. (j) If the application is approved, the commission shall forward a copy of the agreement, the application, and supporting documentation as required by WAC 254-20-090(4) to the county assessor for recording and shall notify the state review board that the property has been approved for special valuation. (k) Once an application for special valuation has been approved, the commission shall determine, according to its bylaws and rules of procedure, whether the property has become disqualified, either because of the owner's failure to comply with the terms of the agreement, or because of a loss of historic value resulting from physical changes to the building or site. In the event that the commission concludes that a property is no longer qualified for special valuation, it shall notify the owner, the county assessor, and the state review board in writing and state the facts supporting its findings. (8) Make recommendations to the county council for use of funds available for historic preservation or historical programs under RCW 36.22.170 following an application process to be developed by the commission and approved by the council. In addition to other elements determined appropriate by the commission, the application process shall include: (a) provision for technical assistance by county economic development program staff, if any; (b) a means of comparing and evaluating applications, and making recommendations on a competitive basis; (c) a procedure for prioritizing projects and stating priorities in commission recommendations; and (d) one or more application deadlines, with recommendations to be submitted to the council on an annual basis; provided that the council may exempt specific projects from application deadlines or commission review. (Added Amended Ord. 06-038, December 13, 2006, Eff date Jan. 5, 2007; Amended by Ord. 08-153, Mar 4, 2009, Eff date Mar 19, 2009)

2.96.040 Notice of commission meeting.

Notice of a public meeting shall be given to the public and the owners and lessees of any property to be affected by commission action at least 10 days before the meeting. Such notice shall include a letter to the property owner and lessee, publication in the official county newspaper, and publication in a newspaper of general circulation in the local area of any properties to be affected by commission action. The notice shall include the date, time and place of the public meeting and the street address of properties to be reviewed. (Added Amended Ord. 06-038, December 13, 2006, Eff date Jan. 5, 2007)

2.96.050 Compensation.

All members shall serve without compensation. (Added Amended Ord. 06-038, December 13, 2006, Eff date Jan. 5, 2007)

2.96.060 Rules.

The commission shall adopt bylaws and/or administrative rules governing: (1) Compliance with the Open Public Meetings Act (chapter 42.30 RCW); (2) Rules of parliamentary procedure using Robert's Rules of Order; (3) Order and conduct of business; and (4) Frequency of meetings. (Added Amended Ord. 06-038, December 13, 2006, Eff date Jan. 5, 2007)

2.96.070 Officers.

The commission shall select from among its regular members a chairperson and such other officers as may be necessary to conduct the commission's business. (Added Amended Ord. 06-038, December 13, 2006, Eff date Jan. 5, 2007)

2.96.080 Staff.

Staff assistance shall be provided for the commission by the county executive subject to annual or biennial budget review and appropriation by the county council. (Added Amended Ord. 06-038, December 13, 2006, Eff date Jan. 5, 2007; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007; Amended by Ord. 08-153, Mar 4, 2009, Eff date Mar 19, 2009)

Chapter 2.98 PRE-PROSECUTION DIVERSION ADVISORY BOARD AND FEES.

2.98.010 Pre-prosecution diversion program -- Purpose.

(1) The pre-prosecution diversion program of the Snohomish county prosecuting attorney's office provides a valuable community-based rehabilitation program for persons accused of criminal offenses who freely volunteer to participate in the diversion program in lieu of prosecution. The goals of the diversion program include: the unburdening and conservation of judicial resources for the prosecution of more serious offenses; the reduction in the incidence of offender recidivism by providing community-based rehabilitation; and, the effective rehabilitation of motivated participants.

(2) Neither the availability of the program, nor its existence and continued operation, are established as a matter of right by the enactment of the ordinance codified in this chapter.

(3) Should a diversion program applicant violate the terms of his/her deferred prosecution he/she, at the discretion of the prosecuting attorney, may be prosecuted for the offense. (Ord. 82-039 § 1, adopted May 4, 1982).

2.98.020 Program and evaluation fees.

(1) To provide for the initial evaluation, referral and supervision of program participants, the following fees shall be charged:

(a) A $300.00 evaluation fee to be paid by the applicant for the initial evaluation of the applicant;

(b) A $150.00 diversion agreement signing fee to be paid by the participant who is accepted into the program. This fee may be paid according to a payment plan established in the participant's diversion agreement.

(c) A $50.00 per month program participation fee to be paid by the participant for each month of participation in the program.

(2) The program and evaluation fees may be waived or reduced for indigent persons by the pre- prosecution diversion advisory board. Upon referral to the board by the diversion program director, the fees shall be waived or reduced according to the individual's financial affidavit or other relevant financial information.

(3) The participant shall make all payments of fees in a guaranteed form of payment, such as a certified, cashier's or bank manager's check. Said check shall be made payable to Snohomish county and delivered to the diversion program office.

(4) All payments made to the diversion office shall be delivered to the office of the Snohomish county treasurer, and shall be placed into the general fund. (Ord. 82-039 § 1, adopted May 4, 1982; Amended by Ord. 10-082, Oct. 13, 2010 Eff date Oct. 24, 2010).

2.98.030 Pre-prosecution diversion advisory board.

(1) A pre-prosecution diversion advisory board is hereby established to waive, reduce or leave intact fees for indigent program participants and applicants.

(a) Membership Terms and Compensation. The advisory board shall be composed of three members from the community, who shall be residents of Snohomish county. They shall serve one-year terms without compensation. In no event shall the members be reappointed for more than three terms.

(b) The board members shall be nominated by the director of the diversion program and shall serve upon appointment by the county executive, which appointment shall be confirmed by the Snohomish county council. Members may be removed from office at the pleasure of the county by way of the same procedure as appointments.

(d) Vacancies on the board shall be filled in the same manner as the initial appointment.

(2) Meetings. The advisory board shall conduct bi-monthly meetings to review cases referred to it by the pre-prosecution diversion program director and to perform other duties as provided below.

(3) Dates. The pre-prosecution advisory board shall make the following determinations concerning program fees or evaluation fees:

(a) The board shall waive, adjust or leave intact the $100.00 evaluation fee for indigent program applicants referred to the board by the program director. The applicant's financial affidavit and other relevant financial information may be considered by the board.

(b) The board shall waive, adjust or leave intact the $500.00 program fee for program participants referred to the board by the program director. The participant's financial affidavit and other relevant financial information may be considered by the board.

(c) The board shall resolve disputes between program staff and program participants concerning program fees. The board shall act as final arbiter in disputes concerning evaluation and program fees.

(d) The board shall make a determination whether a participant shall be terminated from the program because of the participant's failure to pay program or evaluation fees as agreed. (Ord. 82-039 § 1, adopted May 4, 1982).

Chapter 2.99 PUBLIC CORPORATION FOR INDUSTRIAL DEVELOPMENT

2.99.010 Corporation created.

The county does hereby create a public corporation to carry out the purposes of Chapter 300, Laws of Washington, 1981 (Reg. Sess.) codified as chapter 39.84 RCW as that law may from time to time hereafter be amended (the "Act"). Such objects and purposes are independent upon and shall not be limited or restricted by reference to or inference from the terms of any other section of this chapter unless, and only to the extent, specifically set forth herein. The public corporation shall be subject to the provisions of the Act. (Ord. 82-145 § 1, adopted January 4, 1983).

2.99.020 Corporation name.

The name of the public corporation shall be the Pilchuck Development Public Corporation (the "corporation"). (Ord. 82-145 § 2, adopted January 4, 1983).

2.99.030 Powers and limitations -- Generally. The corporation shall have all the powers and be subject to all of the limitations and provisions contained in the Act. (Ord. 82-145 § 3, adopted January 4, 1983).

2.99.040 Charter.

A charter (the "charter") shall be issued to the corporation by the county which shall grant to the corporation authority to act pursuant to the Act. A copy of the initial charter to be issued is attached to the ordinance codified in this chapter as Exhibit A. This charter may be amended from time to time by the county council. (Ord. 82-145 § 4, adopted January 4, 1983).

2.99.050 Board of directors.

A board of directors (the "board of directors") is hereby established to govern the affairs of the corporation. All corporate powers of the corporation shall be exercised by or under the authority of, and the business, property and affairs of the corporation shall be managed under the direction of the board of directors, except as may be otherwise provided in the charter, the bylaws of the corporation or the Act. The number of directors of the corporation shall be seven.

No person shall be eligible to serve as a director except a person who has been appointed as a director by resolution of the county council of Snohomish county. All persons appointed as initial directors of the corporation shall serve as such until appointment of their successors by resolution of the county council of Snohomish county; PROVIDED, That two of the initial directors shall serve terms of office not to exceed six years, three of the initial directors shall serve a term of office not to exceed four years and two of the initial directors shall serve a term of office not to exceed two years. The term of office of each director following the initial term shall not exceed six years.

The board shall elect among its own members a president, a vice president and a secretary. The board of directors shall adopt rules and regulations governing the conduct of the corporation.

Members of the board of directors shall serve with such compensation and reimbursement of expenses as may be provided in the rules and regulations to be adopted by the board of directors. (Added Ord. 82-145, § 5, Jan. 4, 1983; Amended Ord. 85-015, § 1, April 10, 1985).

2.99.060 Financial interest of members or employees prohibited.

No director, officer, agent or employee of the corporation shall have directly or indirectly any financial interest in any property to be included in or any contract for property, service or materials to be furnished or used in connection with any industrial development facility financed through the corporation. (Ord. 82-145 § 6, adopted January 4, 1983).

2.99.070 Meetings -- Quorum.

At all meetings of the board of directors, a majority of directors in office at the time shall be sufficient to constitute a quorum. Every act or decision done or made by a majority of the directors in office at the time and present at a meeting of the corporation duly held, at which a quorum is present and acting, shall be regarded as an act of the board of directors. (Ord. 82-145 § 7, adopted January 4, 1983).

2.99.080 Powers and limitations -- Designated.

The corporation shall have all the powers granted by the Act and shall be subject to all limitations on such powers provided in the Act. Such powers and limitations shall include, but not be limited to, the following:

(1) To construct and maintain one or more industrial development facilities;

(2) To lease to a lessee all or any part of any industrial development facility for such rentals and upon such terms and conditions, including options to purchase, as its board of directors considers advisable and not in conflict with the Act;

(3) To sell by installment contract or otherwise and convey all or any part of any industrial development facility for such purchase price and upon such terms and conditions as its board of directors considers advisable and which are not in conflict with the Act;

(4) To make secured loans for the purpose of providing temporary or permanent financing or refinancing of all or part of the project cost of any industrial development facility, including the refunding of any outstanding obligations, mortgages, or advances issued, made, or given by any person for the project costs; and to charge and collect interest on the loans for the loan payments upon such terms and conditions as its board of directors considers advisable and which are not in conflict with the Act;

(5) To issue revenue bonds for the purpose of financing all or part of the project cost of any industrial development facility and to secure the payment of the revenue bonds as provided in the Act;

(6) As security for the payment of the principal of and interest on any revenue bonds issued and any agreements made in connection therewith, to mortgage, pledge, or otherwise encumber any or all of its industrial development facilities or any part or parts thereof, whether then owned or thereafter acquired, and to assign any lease or mortgage and repledge any security conveyed to the corporation, to secure any loan made by the corporation and to pledge the revenues and receipts therefrom;

(7) To sue and be sued, complain, and defend in its corporate name;

(8) To make contracts and to execute all instruments necessary or convenient for the carrying out of its business;

(9) To have a corporate seal and to use the same by causing it, or a facsimile thereof, to be impressed or affixed, or in any other manner reproduced;

(10) Subject to the limitations of Section 6 of the Act (RCW 39.84.060) to borrow money, accept grants from, or contract with any local, state, or federal governmental agency or with any financial, public, or private corporation;

(11) To make and alter bylaws (rules and regulations) not inconsistent with the charter for the administration and regulation of the affairs of the corporation;

(12) To collect fees or charges from users or prospective users of industrial development facilities to recover actual or anticipated administrative costs; and

(13) To execute financing documents incidental to the powers enumerated in this section. (Ord. 82-145 § 8, adopted January 4, 1983).

2.99.090 Methods of operation of facilities.

The corporation created by this chapter may not operate any industrial development facility as a business other than as lessor, seller, or lender. The purchase and holding of mortgages, deeds of trust, or other security interests and contracting for any servicing thereof is not considered the operation of an industrial development facility. (Ord. 82-145 § 9, adopted January 4, 1983).

2.99.100 Facilities which may be authorized.

The corporation created by this chapter may not exercise any of the powers authorized in this chapter or issue any revenue bonds with respect to any industrial development facility unless the industrial development facility is located wholly within the boundaries of the county or unless the industrial development facility comprises energy facilities or solid waste disposal facilities which provide energy for or dispose of solid waste from the county or the residents thereof. (Ord. 82-145 § 10, adopted January 4, 1983).

2.99.110 Assistance from county.

The county may not give or lend any money or property nor exercise its power of eminent domain in aid of the corporation. This proviso in shall not preclude the county from dealing with the corporation on an arm's-length basis. (Ord. 82-145 § 11, adopted January 4, 1983).

2.99.120 Issuance of revenue obligations.

The corporation may not issue revenue obligations except upon approval of the county. (Ord. 82-145 § 12, adopted January 4, 1983).

2.99.130 Indemnification of certain persons.

Every person who was or is a party to, or is threatened to be made a party to, or is involved in, any action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he or a person of whom he is the legal representative is or was a director or officer of the corporation, or is or was serving at the request of the corporation as its representative in any other enterprise, shall be indemnified and held harmless to the fullest extent legally permissible under the law of the state of Washington from time to time against all expenses, liability and loss (including attorneys' fees, judgments, fines and amounts paid or to be paid in settlement), reasonably incurred or suffered by him in connection therewith. Such rights of indemnifications shall be a contract right which may be enforced in any manner desired by such person. Such right of indemnification shall not be exclusive of any other right which such directors, officers, or representatives may have or hereafter acquire, and without limiting the generality of such statement, they shall be entitled to their respective rights of indemnification under any bylaw, agreement, provision of law, or otherwise, as well as their rights under this article. The board of directors may adopt rules and regulations (bylaws) from time to time with respect to indemnification to provide at all times the fullest indemnification permitted by the law of the state of Washington, and may cause the corporation to purchase and maintain insurance on behalf of any person who is or was a director or officer of the corporation, or its representative in any other enterprise, against liability asserted against such person and incurred in any such capacity or arising out of such status, whether or not the corporation would have the power to indemnify such person. (Ord. 82-145 § 13, adopted January 4, 1983).

2.99.140 Excess earnings -- Alteration of charter -- Dissolution of corporation.

Any net earnings of the corporation beyond those necessary for retirement of indebtedness incurred by it shall inure to the county and not for the benefit of any other person. Alteration of the charter of, or dissolution of, or audits of, the corporation shall be as provided by the Act and by subsequent ordinances of the county. Upon dissolution of the corporation title to all property owned by the corporation shall vest in county. (Ord. 82-145 § 14, adopted January 4, 1983).

2.99.150 Determination of eligibility for financing.

In the process of determining the eligibility of an industrial development facility for financing under the Act, the corporation shall require the potential user to show compliance with the following objectives:

(1) The project type must fall within the categories eligible for industrial revenue bond financing in Section 103 of the Internal Revenue Code of 1954, as amended, and applicable regulations, as well as the provisions of 1981 Washington Laws, Chapter 300 and other applicable state law;

(2) The project must be consistent with all elements of the Snohomish county comprehensive plan, including sub-area plans and growth management strategies;

(3) The project must provide for the creation and/or maintenance of employment for the residents of Snohomish county;

(4) The project would not proceed at the planned investment level without the availability of industrial revenue bond financing;

(5) The project must be financially feasible; i.e., the potential user must demonstrate its ability to obtain commercially responsible financing;

(6) The project must have little or no adverse impact on the quality of the environment;

(7) The project must not put an unreasonable burden on existing public services; and

(8) The project must be consistent with current Snohomish county economic development objectives. (Ord. 82-145 § 15, adopted January 4, 1983).

Chapter 2.100 DEPARTMENT OF FINANCE

2.100.010 Creation and purpose.

There is hereby established a Snohomish county department of finance. It shall be the principal purpose of this department to establish and operate an integrated financial management system or systems to the end that all revenues, expenditures, receipts, disbursements, resources and obligations of county government shall be properly and systematically accounted for. It is the purpose of this chapter to prescribe the powers and duties of the county executive and the department in securing fiscal controls, consolidating county budgetary and accounting systems, providing financial reports to management promoting coordinated financial management. (Added Ord. 82-133, § 2, Dec. 29, 1982; Amended Ord. 83-154 § 1, Dec. 23, 1983; Amended Ord. 86-005, February 5, 1986; Amended Ord. 01-064, August 29, 2001, Eff date Sept. 10, 2001; Ord. 06-090, November 20, 2006, Eff date Jan. 1, 2007).

2.100.020 Definitions.

The following definitions shall apply to terms used in this chapter:

(1) "Department" means the Snohomish county department of finance.

(2) "Director" means the director of the department of finance.

(3) "County personnel system" means the policies and procedures contained in Title 3A SCC and amendments thereto.

(4) "Exempt personnel system" means the policies and procedures contained in chapter 3.68 SCC and amendments thereto.

(5) "Public funds" means all moneys, including cash, checks, bills, notes, drafts, and bonds, and any other negotiable paper collected or disbursed by the county whether held in trust or for operating purposes.

(6) "Agency" means and includes every county office, officer, and every department, division, board and commission.

(7) "Organizational unit" means a programmatic division within agencies of county government.

(8) "Budget revision" means budget transfers and emergency and supplemental appropriations that occur subsequent to adoption of the budget.

(9) "GASB" means the governmental accounting standards board established by financial accounting foundation.

(10) "Cash management" means the receipting and depositing of money, custody of money and securities, disbursement of funds upon proper authorization, control and management of banking services and agreements, including other forms of financial transactions or services offered through banking agreements, and investment of cash. (Added Ord. 82-133, § 2, adopted December 29, 1982; Amended Ord. 86-005, February 5, 1986; Amended Ord. 96-049 § 2, July 10, 1996, Eff. date July 22, 1996; Amended Ord. 01-064, Amended Ord. 01-064, August 29, 2001, Eff date September 10, 2001; Ord. 06-090, November 20, 2006, Eff date Jan. 1, 2007; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007; Ord. 07-138, Dec. 5, 2007, Eff date Jan. 1, 2008).

2.100.030 Authority and function.

The department shall have the authority to implement administrative policies and procedures that provide for a comprehensive, orderly basis for program planning, budget development, and fiscal management and control, including efficient accounting and reporting procedures for county government and may include, in addition, such procedures as will generally promote more efficient management of public funds. To this end, all officers and employees of the county shall furnish the department with information and records that the director may request as he deems necessary to further the purposes of this chapter. Such information and records shall be submitted in a timely manner and in such form as the director may specify. The department's functions and responsibilities shall include but not be limited to the following:

(1) Develop and implement a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources and obligations of the county shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the county. The director may require such financial, statistical and other reports as is deemed necessary from all agencies covering any period;

(2) Develop and implement financial control systems for the receipt and disbursement of all public funds of the county not expressly required by other ordinances to be received or disbursed by some other agency. The established financial controls shall provide for authentication and certification by the department head or the department head's designee that the services have been rendered or the materials have been furnished or, in the case of loans or grants, that the loans or grants are authorized by law or, in the case of payments for services to be performed, that a written contract for such services is currently in effect and available for review;

(3) Assist in establishing and maintaining efficient cash management procedures. The department shall assure compliance with established cash management procedures by county departments;

(4) Manage the county's debt obligations;

(5) Establish and maintain procedures for the proper accounting and reporting of county fixed assets;

(6) Establish procedures for the preparation of fiscal impact notes. Such fiscal impact notes shall be prepared for all ordinances, contracts and grants that may have a significant budgetary impact in current and/or future years. The agency responsible for initiating the ordinance, contract or grant shall prepare the fiscal impact note under the direction of and in accordance with the procedures established by the department;

(7) Develop a spending plan for the current expense fund that shows the total estimated expenditures by month. Such plan shall be based upon appropriations that are proposed by the executive in the preliminary budget required by the provisions of SCC 4.26.060. Such plan shall be updated from time to time in order to reflect the final adopted budget and any subsequent budget revisions;

(8) Maintain a schedule of projected cash flows, by month, for the current expense fund. Develop a monthly report that compares actual with estimated cash flow;

(9) Prepare budget documents under the supervision and authority of the executive in accordance with chapter 4.26 SCC;

(10) Monitor and evaluate the performance of organizational units in meeting the goals and objectives as established through the budgetary process;

(11) Provide budgetary administration by preparing, monitoring, and inputting budget revisions subsequent to adoption of the original budget. The financial system shall be updated by such budget revisions in a timely manner;

(12) Produce the county's comprehensive annual financial report in a timely manner and in accordance with generally accepted accounting principles as established by the GASB; (13) Establish an automated billing system in order to centralize the billing and collection functions when goods or services are sold to non-county entities on a contract or interlocal agreement;

(14) Establish administrative procedures related to contract administration including but not limited to inventorying, categorizing, accounting, and monitoring terms and conditions of contracts entered into by all county organizational units;

(15) Develop the six year capital improvement plan as required by charter under the supervision and authority of the executive;

(16) Establish and administer a county safety program in accordance with the rules of the Washington Industrial Safety and Health Act (WISHA). The program shall include the development of a safety organization, and shall establish management accountability for a safe working environment, provide training to identify hazards and prevent injury and report results to enhance risk assessment and to allow for program evaluation;

(17) Perform such other duties as may be required to further the purposes of this chapter; and

(18) Develop and establish credit card and credit card account policies and procedures that are consistent with chapter 4.03 Snohomish County Code and are appropriate and suitable for county business purposes. Such policies and procedures shall include a determination of which individuals, departments or divisions should be issued credit cards. (Added Ord. 82-133, § 2, Dec. 29, 1982; Amended Ord. 83-154, § 2, Dec. 23, 1983; Amended Ord. 86-005, February 5, 1986; Amended Ord. 01-064, August 29, 2001, Eff date Sept. 10, 2001; Ord. 04-115, Nov. 22, 2004, Eff. date Jan. 1, 2005; Amended Ord. 05-017, May 11, 2005, Eff date May 26, 2005; Ord. 06-090, November 20, 2006, Eff date Jan. 1, 2007; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007; Ord. 07-138, Dec. 5, 2007, Eff date Jan. 1, 2008).

2.100.035 Council access to financial records and data.

In developing and implementing financial management systems as required by this chapter, the department shall incorporate effective methods of providing and facilitating county council access to county financial records and data. In addition to other actions required by this section, the department shall provide council staff with (a) unrestricted access to county financial management systems, records (subject to appropriate "read only" or other safeguards); and (b) copies of contracts, invoices, payment records, and other documents and information promptly upon written request. (Added Ord. 07-124, Nov. 19, 2007, Eff date Dec. 17, 2007)

2.100.040 Director.

The director of the department of finance shall:

(1) Supervise and administer the activities of the department subject to the delegation of authority and supervision vested in the executive;

(2) Exercise all the powers and perform all the duties prescribed by ordinance with respect to the administration of the financial management system;

(3) Advise the county executive and the county council with respect to matters affecting the financial management of public funds; (4) Appoint all officers and employees of the department in accordance with the rules of the county personnel system, the exempt personnel system and Charter Section 3.60;

(5) Act as the county's auditing officer pursuant to RCW 42.24.080;

(6) In accordance with chapter 2.10 SCC and amendment thereto the director may, upon approval by the county executive, enter into contracts on behalf of the county to carry out the purposes of this chapter. The director may act for the county initiating or participating in any intra or inter governmental agency program relative to the purpose of this chapter and may accept, on behalf of the county, grants, entitlements and shared revenue of every kind and nature. The director may delegate functions, powers and duties to other officers and employees of the department as (s)he deems expedient to further the purposes of this chapter. (Added Ord. 82-133, § 2, Dec. 29, 1982; Amended Ord. 83-154, § 3, Dec. 23, 1983; Amended Ord. 86-005, February 5, 1986; Amended Ord. 96-049 § 2, July 10, 1996, Eff. date July 22, 1996).

2.100.050 Appointment of director.

2.100.060 Organization by director.

The director may create and reassign divisions, positions and functions within the department; PROVIDED, That any budget appropriations or transfers required by such actions shall first be approved by the council; and PROVIDED FURTHER, That personnel changes shall be made in conformance with the applicable provisions of the county personnel system or exempt personnel employee system. (Ord. 82-133 § 2, adopted December 29, 1982).

2.100.070 Transfer of certain powers and duties.

It is the intent of this chapter to assign to the department of finance authority for developing and maintaining accounting, reporting and other financial management systems necessary for effective financial management of public funds among county agencies.

To this end:

(1) All powers and duties and functions of the county auditor relating to the collection, disbursement, and financial management of public funds are hereby transferred to the department of finance as the county executive may direct.

(2) All powers and duties and functions of the county treasurer relating to the establishment and maintenance of financial controls on the collection, disbursement and financial management of public funds prior to deposit of such funds with the county treasurer are hereby transferred to the department of finance as the county executive may direct.

(3) All powers and duties and functions of all other county agencies relating to the collection, disbursement and financial management of public funds prior to deposit of such funds with the county treasurer are hereby transferred to the department of finance as the county executive may direct. (Added Ord. 82-133, § 2, Dec. 29, 1982; Amended Ord. 83-154, § 3, Dec. 23, 1983; Amended Ord. 01-064, August 29, 2001, Eff date Sept. 10, 2001).

2.100.080 Reserved powers.

The following powers and duties granted by state statute or county code provisions are deemed not subject to provisions of this chapter and reserved as follows:

(1) To the county auditor:

(a) All powers and duties with respect to conducting, supervising, or engaging in elections and recalls;

(b) All powers and duties with respect to formation, incorporation, canvassing, verifications, boundary determinations, organizations, reorganization, dissolution, disincorporation or any other power or duty not associated with the receipt or disbursement of funds of cities, towns, or other municipal corporations;

(c) All powers and duties with respect to the receiving, filing, or recording documents of any sort, and the taking of acknowledgments;

(d) Serve upon and be an officer for boards and commissions;

(e) All functions with respect to marriage certificates and licenses as provided in chapter 26.04 RCW, and amendments thereto;

(f) Subject to appropriate action by the state, all functions with respect to vehicle registrations, titles, and licenses as provided in RCW 46.01.130 and 46.01.140 and amendments thereto;

(g) All other license functions of the county acting as an agent of the state; and

(h) All functions with respect to general licensing permit provisions as provided in Title 6 SCC and amendments thereto.

(2) To the county treasurer:

(a) All powers and duties with respect to tax collections and administration as provided by state law;

(b) All powers and duties with respect to the collection, disbursement and management of junior taxing district funds, including the duties of fiscal agent as provided by state law.

(c) All powers and duties with respect to cash management and the management of short and long term investment of all public funds of the county and funds of special purpose taxing districts that are in the treasurer's custody but are not needed for immediate expenditure. The treasurer shall release county funds including redeeming county warrants issued, in accordance with the established financial controls of the department of finance.

(d) Except for the management of non-banking related purchase cards, all powers and duties associated with contracting for banking services, including other forms of financial transactions or services offered through banking agreements. (3) With the exception of subsection (2)(b) of this section the reservation of powers and duties as stated above shall not include any powers and duties with respect to the performance of any audit functions, all of which are vested in the department of finance. (Added 82-133, § 2, Dec. 29, 1982; amended 83-155, § 3, Dec. 23, 1983; Amended Ord. 87-006, March 23, 1987; Amended Ord. 01-064, August 29, 2001, Eff date Sept.10, 2001).

*Code reviser's note: See SCC 2.100.070 which transfers functions of the county auditor.

2.100.090 Transfer of employees.

All employees of the county auditor, the county treasurer, as well as any other county agency engaged in duties pertaining to the functions transferred by this chapter, shall be transferred to the jurisdiction of the department of finance. Any employee subject to the county personnel system or exempt personnel system may be assigned to the department to perform his/her usual or similar duties upon the same terms as formerly, without loss of rights under the personnel system applicable to such employee. (Ord. 82-133 § 2, adopted December 29, 1982).

2.100.100 Transfer of documents, property, records, etc.

All reports, documents, surveys, books, records, files, papers or other writings in the possession of the county auditor, county treasurer, or any other agency relating to the functions transferred by this chapter, shall be delivered to the custody of the department of finance upon the request of the director. All cabinets, furniture, office equipment, and other tangible property employed in carrying out the functions transferred by this chapter shall be made available to the department. All funds, credits or other assets held in connection with the functions herein transferred shall be assigned to the department. (Ord. 82-133 § 2, adopted December 29, 1982).

2.100.110 Questions concerning transfers of powers and duties.

Whenever any question arises as to the transfer of powers, duties and functions from the county auditor, county treasurer or any other agency to the department of finance, the county executive shall make a final determination thereon and certify the same to the agencies concerned in connection with such determinations. (Ord. 82-133 § 2, adopted December 29, 1982).

2.100.120 Federal and state requirements for receipt and control of funds.

If any part of this chapter is ruled to be in conflict with federal or state law or requirements which are a prescribed condition of the allocation of federal or state funds to the county, or otherwise relate to and control, in any manner of funds by the county, such conflicting part of this chapter is declared to be inoperative solely to the extent of the conflict. No such determination shall affect the operation of the remainder of this chapter. Any internal reorganization carried out under the terms of this chapter shall meet federal and state requirements which are a necessary condition to the receipt of federal or state funds by the county. (Ord. 82-133 § 2, adopted December 29, 1982).

2.100.130 Severability.

If any provision of this chapter is held invalid, the remainder of the chapter shall not be affected. (Ord. 82-133 § 2, adopted December 29, 1982).

2.100.140 Effective date.

This chapter shall be effective January l, 1982. (Ord. 82-133 § 2, adopted December 29, 1982).

Chapter 2.105 CITIZENS' COMMISSION ON SALARIES OF ELECTED OFFICIALS

2.105.010 Definitions.

In this chapter, unless the context clearly requires otherwise,

(1) "Commission" means the Snohomish county citizens' commission on salaries for elected officials created by SCC 2.105.025.

(2) "Elected officials" means the county council, executive, assessor, auditor, clerk, prosecuting attorney, sheriff, and treasurer.

(3) "Immediate family member" means a parent, spouse, sibling, child, or dependent relative of the officer, official, or employee, whether or not living in the same household. (Added Ord. 97-001, § 1, Feb. 5, 1997, Eff date Feb. 16, 1997; Ord. 07-053, June 27, 2007, Eff date July 9, 2007).

2.105.020 Creation and purpose.

It is the policy of Snohomish County to base salaries of elected officials on realistic standards so that officials may be paid according to the duties of their offices and so that persons of the highest quality may be attracted to public service. To effectuate this policy, the citizens' commission on salaries of elected officials is hereby created consisting of seven members with duties and responsibilities as set forth in this chapter. (Added Ord. 97-001, § 1, Feb. 5, 1997, Eff date Feb. 16, 1997).

2.105.025 Creation and purpose.

The Snohomish county citizens' commission on salaries for elected officials is hereby established as an independent county commission. The purpose of the commission shall be to fix the salaries of the county council, executive, assessor, auditor, clerk, prosecuting attorney, sheriff and treasurer in accordance with this chapter, the county charter and state law. (Added Ord. 07-053, June 27, 2007, Eff date July 9, 2007).

2.105.030 Duties of commission. The commission shall study the relationship of salaries to the duties of the elected officials and shall fix the salary for each position in accordance with charter section 6.120, chapter 36.17 RCW and this chapter. Except as provided in this chapter, the commission shall be solely responsible for its own organization, and shall enjoy the fullest cooperation of all elected officials, departments, and agencies of the county. Staff support shall be provided by the county executive. (Added Ord. 97-001, § 1, Feb. 5, 1997, Eff date Feb. 16, 1997; Amended Ord. 07-053, June 27, 2007, Eff date July 9, 2007).

2.105.040 Eligibility and appointment.

(1) The commission shall consist of ten members, nominated by the county executive and confirmed by the county council in accordance with the county charter and this section. The members of the commission may not include any officer, official, or employee of the county or any of their immediate family members.

(2) Six of the ten commission members shall be selected by lot by the county auditor from among those registered voters eligible to vote at the time persons are selected for appointment to full terms on the commission. Of these six commission members, one shall be selected from each county council district established under chapter 1.08 SCC and one shall be selected without reference to a county council district. The county auditor shall establish policies and procedures for conducting the selection by lot. The policies and procedures shall include, but not be limited to, those for notifying persons selected and for providing a new selection if a person selected under this subsection declines appointment to the commission or if, following the person's appointment, the person's position on the commission becomes vacant before the end of the person's term of office. The county auditor shall forward the names of persons selected under this subsection to the county executive who shall nominate those persons to the commission. Nominations made by the county executive under this subsection shall be confirmed by the county council.

(3) The remaining four of the ten commission members must be residents of the county and shall be nominated by the county executive and confirmed by the county council. The persons selected under this subsection shall have had experience in the field of personnel management. Of these four members, one shall be selected from each of the following four sectors in the county: business, professional personnel management, legal profession, and organized labor. The county council may confirm or reject nominations made under this subsection. If the council rejects a nomination the county executive shall promptly nominate another person meeting the requirements of this subsection.

(4) The members of the commission shall serve two-year terms ending December 31, 2009, and every two years thereafter. No person may be appointed to more than two terms. Notwithstanding SCC 2.03.080, members of the commission may be removed by the county executive, with the approval of the county council, only for cause of incapacity, incompetence, neglect of duty, malfeasance in office, or for a disqualifying change of eligibility. Upon a vacancy in any position on the commission, a successor shall be nominated and confirmed to fill the unexpired term. The nomination and confirmation shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as the original appointment. (Added Ord. 97-001, § 1, Feb. 5, 1997, Eff date Feb. 16, 1997; Ord. 07-053, June 27, 2007, Eff date July 9, 2007).

2.105.050 Meetings and operation.

(1) All business of the commission shall be subject to the Open Public Meetings Act, Chapter 42.30 RCW. The commission shall meet biennially as provided in charter section 6.120.

(2) The members of the commission shall elect a chair from among their number. (Added Ord. 97-001, § 1, Feb. 5, 1997, Eff date Feb. 16, 1997; Ord. 07-053, June 27, 2007, Eff date July 9, 2007).

2.105.060 Salary schedules.

(1) The commission shall prepare and file a schedule of salaries for the elected officials for the succeeding two calendar years with the county council and county auditor no later than May 1, 2008, and no later than May 1 every two years thereafter. The signature of the chair of the commission shall be affixed to each salary schedule filed by the commission. The chair of the commission shall certify that the salary schedule has been prepared and filed in accordance with the provisions of this chapter, charter section 6.120, and the rules, if any, of the commission.

(2) Except as provided in subsection (3) of this section, the salary schedule prepared and filed by the commission in accordance with this section shall become effective January 1 of the following calendar year and incorporated into the county budget without further action by the county council, county executive, or commission, provided that salary decreases established by the commission shall become effective as to incumbent elected officials at the commencement of their next subsequent terms of office. Salary increases established by the commission shall become effective as to all elected officials regardless of their terms of office.

(3) Salary increases and decreases shall be subject to referendum as provided in SCC 2.105.080 and charter section 6.120. (Added Ord. 97-001, § 1, Feb. 5, 1997, Eff date Feb. 16, 1997; Ord. 07-053, June 27, 2007, Eff date July 9, 2007).

2.105.070 Compensation.

Members of the commission shall serve without compensation, but may receive reimbursement for mileage to and from meetings and for other expenses directly related to their service as may be approved by the county executive in accordance with chapter 2.03 SCC. (Added Ord. 97-001, § 1, Feb. 5, 1997, Eff date Feb. 16, 1997; Ord. 07-053, June 27, 2007, Eff date July 9, 2007).

2.105.080 Referendum.

(1) Salary changes fixed by the commission shall be subject to referendum in the same manner as a county ordinance except as otherwise provided in RCW 36.17.024. Referendum petitions shall be prepared and processed in accordance with charter section 5.80, except that pursuant to RCW 36.17.024 petitions containing the signatures of registered voters of the county equal in number to not less than five percent of the number of votes cast in the county in the last governor's election must be filed within thirty days after filing of the salary schedule.

(2) After the filing of a referendum petition the salary changes shall be suspended until approved by the voters as provided in charter section 5.80. If the voters fail to approve the salary changes for a two year biennium the commission may prepare and file a schedule of salaries for the second year of the biennium no later than May 1 of the first year of the biennium, which shall be prepared and filed and take effect as provided in SCC 2.105.060. (Added Ord. 07-053, June 27, 2007, Eff date July 9, 2007) Code Reviser's Note: Chapter 2.105 is repealed, effective on June 29, 2013 unless re-enacted prior to that date as provided in Snohomish County Charter 2.115.

Chapter 2.110 COUNTY FINANCE COMMITTEE

2.110.010 Establishment and authority.

There is established a county finance committee. The committee shall approve county investment policy and make appropriate rules and regulations for carrying out RCW 36.48.010 through 36.48.060 in accordance with RCW 36.48.070. (Ord. 96-049 § 1 (part), July 10, 1996, Eff date July 22, 1996).

2.110.020 Definition.

In this chapter, unless the context clearly requires otherwise, "committee" means the county finance committee established under SCC 2.110.010. (Ord. 96-049 § 1 (part), July 10, 1996, Eff date July 22, 1996).

2.110.030 Composition of committee.

The committee shall consist of the county treasurer or his designee, the county executive or his designee, and the chairperson of the county council or his designee. The County Treasurer, the County Executive and the County Council Chair will all sign the minutes of meetings in which changes in investment policies or procedures were approved. (Ord. 96-049 § 1 (part), July 10, 1996, Eff date July 22, 1996; Ord. 05-130, Nov. 21, 2005, Eff date Dec. 18, 2005).

2.110.040 Meetings and records.

(1) The committee shall meet at least semiannually. The county treasurer shall act as chairperson of the committee and the county executive shall act as secretary of the committee. The committee shall adopt rules of procedure, except that a quorum shall consist of all three members of the committee and action by the committee shall require a majority vote of at least two members of the committee.

(2) The committee shall keep a full and complete record of its proceedings in appropriate books of record and all such records and all correspondence relating to the committee shall be kept in the office of the county executive and shall be open to public inspection.

(3) On or before December 31st of each year the committee shall provide the county council with a written report of its activities during that year. The report shall include a narrative description of actions taken by the committee, copies of the minutes of each committee meeting, and copies of all investment policies in effect or approved by the committee during the year. (Ord. 96-049 § 1 (part), July 10, 1996, Eff date July 22, 1996). Chapter 2.200 MANAGEMENT AND PROGRAM DEVELOPMENT

2.200.010 Office of management and program development.

The office of management and program development shall be responsible for such financial planning and program development as are delegated to it by ordinance. (Ord. 81-100 § 2, adopted October 19, 1981).

Chapter 2.350 DEPARTMENT OF INFORMATION SERVICES

2.350.010 Purpose.

The purpose of this chapter is to establish and set forth the authority and functions of the department of information services and to provide for an advisory committee to advise the department, county executive, and county council in the prioritization, development, and delivery of information services. (Added Ord. 88-026, § 2, April 27, 1988; amended by Amended Ordinance No. 11-004, Feb. 16, 2011, Eff date Feb. 28 2011).

2.350.015 Legislative intent.

The department shall provide coordinated planning and management of county information services which support other county departments. It is recognized that information systems, telecommunications, equipment, software, and services must satisfy the needs of end users and that many appropriate and cost-effective alternatives exist for meeting those needs, such as shared mainframe computing, shared telecommunications services, local area networks, departmental minicomputers, and microcomputers. It is the intent of this chapter that:

(1) Information be shared and administered in a coordinated manner, except when prevented by county department responsibilities for security, privacy, or confidentiality; and

(2) Resources be used in the most efficient manner; and

(3) A structure be created (a) to plan and manage telecommunications and computing network, (b) to increase agencies' awareness of information sharing opportunities, and (c) to assist agencies in implementing such possibilities; and

(4) The acquisition of equipment, proprietary software, and related services be coordinated and reviewed to insure conformity with county standards; and

(5) The county improve recruitment, training, and retention of professional staff; and

(6) Plans, proposals, and acquisitions for information services be reviewed from a technical, financial and management perspective as part of budget process; and (7) County elected officials be given meaningful opportunities to contribute to the prioritization, development, and delivery of information services to county departments. (Added Ord. 88-026, § 2, April 27, 1988; Amended by Amended Ord. 11-004, Feb. 16, 20110, Eff date Feb. 28, 2011).

2.350.020 Definitions.

The following definitions shall apply to terms used in this chapter, unless the context indicates otherwise:

(1) "Council" means the Snohomish county council;

(2) "Executive" means the Snohomish county executive;

(3) "Department" means the department of information services;

(4) "Director" means the director of the department of information services;

(5) "Information processing" means the electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions;

(6) "Information services" means information processing, telecommunications, and office automation;

(7) "Equipment" means the machines, devices, and transmission facilities used in information processing, telecommunications, and office automation;

(8) "Proprietary software" means that software offered for sale or license;

(9) "Telecommunications" means the transmission of information by wire, radio, optical cable, electromagnetic, or other means;

(10) "Backbone network" means the shared high-density portions of the county's voice/data telecommunications transmission facilities. It includes specially conditioned high-speed communication carrier lines, modems, multiplexors, switches associated with such communications lines, and any equipment and software components necessary for management and control of the backbone network;

(11) "Purchased services" means services provided by a vendor to accomplish routine, continuing and necessary functions. This term includes, but is not limited to, services acquired for equipment maintenance and repair, operation of a physical plant, security, computer hardware and software installation and maintenance, data entry, keypunch services, programming services, training, consulting services and computer time-sharing;

(12) "Support services" are defined but not limited to the following:

(a) Copy and printing services that provide centralized photo copying and printing services for Snohomish county customers; and

(b) "Mail service for Snohomish county customers; and

(c) "Micrographic records management services that assist Snohomish county customers to provide for the proper control, production, disposition and retrieval of public records and reports in accordance with state archiving statutes. These services include surveying of records and planning for the conversion to microfilm, developing and enforcing standards for equipment and filming to assure acceptable film quality, the elimination or reduction of reports, replacing computer-printed reports with computer-generated microfilm reports, and development of long-term management policies and procedures for records management;

(13) "Public agencies" means all state, municipal and quasi-municipal corporations and political subdivisions, and all agencies of such corporations and subdivisions authorized to contract separately and/or defined in RCW 39.34.020 of the interlocal cooperation act;

(14) "County department" means any Snohomish county office, executive department, court, board, commission or other organizational unit of the county;

(15) "Cash-on-delivery customer" means any person, business or other group not defined in this chapter.

(16) "Information services plan” means a plan adopted pursuant to SCC 2.350.070.

(17) “Information technology advisory committee” or “ITAC” means the committee created by SCC 2.350.110.

(18) “Non-routine project” means an information service that is not a “routine project.”

(19) “Routine project” means:

(a) incident or problem management intended to repair or restore an existing and previously deployed technology system;

(b) operation or maintenance of an existing and previously deployed technology system within its specifications; or

(i) costs less than $50,000 and requires less than 40 hours of staff time to deploy,

(ii) costs less than $5,000 and requires less than 20 hours of staff time to maintain in any single year, and

(iii) implements a new business practice or policy that has been presented to and reviewed by the ITAC. (Added Ord. 88-026, § 2, April 27, 1988; Amended by Amended Ord. 11-004, Feb. 16, 2011, Eff date Feb. 28, 2011).

2.350.025 Department of information services created.

The department of information services is hereby created. (Added Ord. 88-026, § 2, April 27, 1988).

2.350.030 Authority and functions.

The department shall provide for the planning, management, control, operation and use of information services, backbone network, telecommunications, information processing, equipment, purchased services and proprietary software. The department shall provide administration of centralized support services for the county and may include, in addition, such procedures as will generally promote more efficient management and utilization of such services. The department's functions and responsibilities shall include the following functional areas:

(1) Management and operation of the county's centralized information systems and equipment and as appropriate the distributed network;

(2) Management and administration of the telecommunication system for county departments;

(3) Management and operation of support services for county departments;

(4) Review of equipment, proprietary software and purchased services acquisitions from outside sources by county departments;

(5) Provide for information services, information processing, proprietary software and purchased services as appropriate to county departments, public agencies and cash-on-delivery customers;

(6) Performing other functions and executing such other powers as may be prescribed by ordinance or delegated by the executive;

(7) The department's authority shall not extend to systems mandated, supplied, controlled and supported by the federal government or a public agency, except where there is a potential interface to department managed equipment, in which case the department shall be consulted in a timely manner. (Added Ord. 88-026, § 2, April 27, 1988).

2.350.040 Appointment of the director. The director shall be appointed by the executive with the advice and consent of a majority of the council. The director shall serve at the pleasure of the executive and shall be subject to the county exempt personnel system. The executive shall at least annually solicit comments from each member of the ITAC regarding the director’s performance, which comments shall be summarized and addressed in the executive's annual evaluation of the director under SCC 3.69.040.

(Added Ord. 88-026, § 2, April 27, 1988; Amended by Amended Ord. 11-004, Feb. 16, 2011, Eff date Feb. 28, 2011).

2.350.050 Authority of the director.

The director shall manage and administer the activities of the department. The director may, upon delegation by the executive, execute contracts on behalf of the county to carry out the purposes of this chapter. The director shall appoint all officers and employees of the department in accordance with the rules of the county personnel system and exempt personnel system. The director may delegate functions, powers and duties to other officers and employees of the department as (s)he deems expedient to further the purpose of this chapter.

The director may create divisions and reassign positions and functions within the department; PROVIDED, That any budget changes required by such actions shall be in accordance with chapter 4.26 SCC and, FURTHER PROVIDED, That personnel changes shall be made in conformance with the requirements of the county personnel system and exempt personnel system. (Added Ord. 88-026, § 2, April 27, 1988).

2.350.060 Rule making authority. The director with the concurrence of the executive is authorized to adopt such rules and regulations as may be necessary to carry out the provisions of this chapter consistent with applicable laws. The director shall provide the ITAC with a reasonable opportunity to review and comment on all rules and regulations prior to their adoption. (Added Ord. 88-026, § 2, April 27, 1988; Amended by Amended Ord. 11-004, Feb. 16, 2011, Eff date Feb. 28, 2011).

2.350.070 Information services plan. (1) The director shall prepare and submit a 36-month information services plan to the executive which plan shall be submitted to the council with the annual budget estimates provided for in SCC 4.26.030. This plan should include any elements recommended by the ITAC, provided that it must contain the following: (a) A "state of information technology" element that describes the county’s current information technology environment, including the strengths, weaknesses, opportunities, and challenges of county information services; identifies objectives for the next fiscal year or biennium; and evaluates whether objectives identified in the prior 36-month information services plan were achieved; (b) A "status of IT projects" element that includes the scope, schedule, budget, priority, and status for each non-routine project that was listed in the prior 36-month information services plan and not completed, or is listed in the current 36-month information services plan; (c) A "technology replacement program" element that provides a recommended scope, schedule, budget, funding source, and priority for the replacement and maintenance of the county’s technology systems; and (d) A "financing plan" element that includes: (i) five-year financial projections for the information services fund (fund 505) created by SCC 4.114.010 and the data processing capital improvement fund (fund 315) created by SCC 4.66.0010 in the standard county five-year projection format, updated as of May 1; and (ii) a table showing the amount and proposed allocations of resources of the data processing capital improvement fund (fund 315), including the most recent year-end fund balance, proposed expenditures, and expected year-end fund balance. The table must also include expenditures required for replacement of critical systems and actual or expected project completion dates. (2) The information services plan shall be submitted to the executive with the annual budget estimates provided for in SCC 4.26.030. It shall cover the period from January 1 of the next fiscal year and the ensuing 36-month period. It is anticipated that the priorities in the plan may be changed during the budget preparation process. Upon adoption of the budget the executive shall notify the director of any changes that must be made to the plan to be consistent with the adopted budget, and the appropriations that will be available to support the plan. During the fiscal year or biennium and after consultation with the ITAC the director is authorized to accept or to initiate requests to modify the information services plan by adding, changing, or deleting projects and/or priorities to the extent required by the adopted budget. The director shall publish a record of such changes with appropriate supporting documentation and shall furnish to the executive, council and all affected county departments a copy thereof. (3) Prior to submitting the information services plan to the county executive or ITAC pursuant to this section, the director shall solicit input on the plan from all county departments. By March 31 of each year the director shall submit a proposed information services plan to the ITAC for review and comment. The ITAC shall consider the proposed plan and recommend such revisions or additional work as it deems appropriate. Upon submission of the plan to the county executive, the director shall provide a written report to the ITAC of any ITAC recommendations that are not implemented and the reasons for not implementing them. (Added Ord. 88-026, § 2, April 27, 1988; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007; Amended by Amended Ord. 11-004, Feb. 16, 2011, Eff date Feb. 28, 2011).

2.350.075 Information services catalog.

The department shall publish, update as needed, and distribute to each county department a catalog that lists the information services that are regularly available from the department or third-party providers and the conditions, if any, that a county department must satisfy to obtain each listed service. The department shall provide the ITAC with a reasonable opportunity to review and comment on the information services catalog and any updates prior to their publication. (Added by Amended Ord. 11-004, Feb. 16, 2011, Eff date Feb. 28, 2011)

2.350.080 Director to review contracts related to information services.

Except as provided in the current information services catalog published pursuant to SCC 2.350.075, no county department shall requisition, order or otherwise contract for any equipment, proprietary software, or purchased services except through, or in accordance with guidelines, standards or procedures made by the director and after having secured written concurrence for any such procurement from the director or his/her designee. Departmental review shall be consistent with the purpose and legislative intent of this chapter. In conducting this review, the factors considered by the director shall include, but not be limited to, the following considerations: county-wide as well as county department long and short term costs; timeliness of service; multipurpose use of equipment and software programs; efficient utilization of existing county information processing equipment and software resources; uniformity and compatibility with existing and planned county equipment, software and proprietary software; and training requirements for supporting staff. The director’s decisions under this section shall be in writing and delivered to the requesting county departments with copies to all ITAC members. (Added Ord. 88-026, § 2, April 27, 1988; Amended by Amended Ord. 11-004, Feb. 16, 2011, Eff date Feb. 28, 2011).

2.350.090 Review procedures.

For efficient operation of the county's business, the director shall review and approve or disapprove such requests and contracts in a timely manner. The director may develop, following review and comment by the ITAC and subject to the concurrence of the executive, required equipment, systems, programs and services standards and, in connection therewith, develop multi-departmental equipment, systems, programs and service request in single contracts. The director's decisions should be documented when appropriate to explain the factors determining the decision. Documentation when possible or necessary should include considerations such as comparative cost data and the ability of the department to respond to the specifics of user's request. (Added Ord. 88-026, § 2, April 27, 1988; Amended by Amended Ord. 11-004, Feb. 16, 2011, Eff date Feb. 28, 2011).

2.350.100 Appealing decisions of the director.

If a county department disagrees with the decision of the director and they still wish to pursue their action, they may appeal the director's decision to the executive. They should submit their original request, with the director's written response and their counter response to the executive. The executive may uphold or override the decision of the director. (Added Ord. 88-026, § 2, April 27, 1988). 2.350.110 Information Technology Advisory Committee (ITAC). There is hereby created the information technology advisory committee to serve in an advisory capacity regarding the development and delivery of information services to county departments. (Added by Amended Ord. 11-004, Feb. 16, 2011, Eff date Feb. 28, 2011)

2.350.120 ITAC authority and functions. (1) The information technology advisory committee shall advise the department, county executive, and county council regarding the development and delivery of information services to county departments, including review and comment on cost allocation, information service policy, plans, and objectives, and system deployment, operation, and maintenance, and other matters as determined by the ITAC. (2) The department shall present all proposed non-routine information services to the ITAC for review and comment prior to any expenditure or encumbrance of county resources for such services. (3) Staff support for the ITAC shall be coordinated by the ITAC chairperson using resources made available to the ITAC by its members. (4) The ITAC may develop and propose professional service contracts necessary to assist the ITAC. (5) Any county department may submit complaints relating to the development of delivery of information services to the ITAC through the chairperson of the ITAC. The ITAC may consider such complaints and recommend remedial action. The department shall respond and provide information relating to complaints as requested by the ITAC. (Added by Amended Ord. 11-004, Feb. 16, 2011, Eff date Feb. 28, 2011)

2.350.130 ITAC membership. (1) The information technology advisory committee shall be composed of the county executive, one councilmember appointed by the chairperson of the council, sheriff, prosecuting attorney, assessor, auditor, treasurer, clerk, one superior court judge appointed by the presiding judge of the superior court, and one district court judge appointed by the presiding judge of the district court. The directors of the departments of finance and public works shall serve as ex officio members of the ITAC but shall not be entitled to vote, serve as chairperson or vice-chairperson, or be counted in determining a quorum. (2) The ITAC shall at least annually elect a chairperson and vice-chairperson from among its members, except as provided in subsection (1). (3) At the first ITAC meeting of each year, any ITAC member may designate up to two county employees supervised by the member to serve as alternate members of the ITAC in his or her absence. The persons designated may attend ITAC meetings and exercise the same voting rights and privileges as the ITAC member, except that an alternate may not serve as chairperson or vice-chairperson or designate alternates. (4) The director of the department shall cooperate with and assist the ITAC. The department shall furnish the ITAC with any information or records that are requested by the ITAC unless disclosure to the ITAC would be contrary to a federal, state or local law. The ITAC shall give confidential information the same level of protection that is required of the department, (5) Decisions and recommendations of the ITAC shall be made by simple majority vote with each office having one vote, except as provided in subsection (1). Members who dissent from an ITAC decision or recommendation that is communicated to the county executive, council, or a county department other than the department may include a minority report with the decision or recommendation. (6) Six members of the ITAC shall constitute a quorum, except as provided in subsection (1). (Added by Amended Ord. 11-004, Feb. 16, 2011, Eff date Feb. 28, 2011)

2.350.140 ITAC charter or bylaws. The ITAC shall adopt and may from time to time revise an ITAC charter or bylaws. The charter or bylaws shall at a minimum address meeting schedules and preparation and distribution of agendas. The charter or bylaws may provide for ITAC subcommittees and technical work groups. The ITAC shall meet not less than once per quarter. (Added by Amended Ord. 11-004, Feb. 16, 2011, Eff date Feb. 28, 2011)

2.350.200 Rates and charges. (1) To promote equity and transparency in the allocation of costs associated with the delivery of information services among county departments, the department shall at least once every five years and at such other times as determined by the ITAC provide a presentation to the ITAC of the current cost allocation model and any changes then proposed by the county executive or council. The presentation shall describe the criteria used to allocate costs among county departments in the preceding fiscal year or biennium and any fiscal impacts of the proposed changes, and of any changes proposed by the ITAC, in the next fiscal year or biennium. (2) The budget for any fiscal year or biennium adopted pursuant to chapter 4.26 SCC shall allocate costs for information services among county departments in accordance with the most recent cost allocation model approved by the county council. An approved cost allocation model shall take effect as directed by the council and remain in effect until rescinded or replaced. Council approval of a cost allocation model is an administrative act and may be taken by motion. (3) Charges for information services provided to public agencies will be negotiated by the department and approved by the executive and council through contracts with those public agencies. The director is authorized to establish and change as appropriate a table of charges for services provided for on demand services to cash-on-delivery customers, which charges shall be based upon actual cost of providing the service or as authorized by law.

(Added Ord. 88-026, § 2, April 27, 1988; Amended by Amended Ord. 11-004, Feb. 16, 2011, Eff date Feb. 28, 2011).

2.350.900 Severability.

Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter. (Added Ord. 88-026, § 2, April 27, 1988). Reviser Note: Amended Ordinance No. 11-004 shall take effect as provided in SCC 2.48.126, provided that the Department of Information Services shall have until June 1, 2011, to publish the information services catalog required by SCC 2.350.075. The cost allocation model used to develop the 2011 annual budget shall remain in effect until a new cost allocation model is approved by the County Council pursuant to SCC 2.350.200.

Chapter 2.400 DEPARTMENT OF HUMAN SERVICES

2.400.005 Purpose of chapter. The purpose of this chapter is to establish and set forth the authority and functions of the department of human services. (Added Amended Ord. 05-107, November 21, 2005, Eff date July 1, 2006)

2.400.010 Creation of department of human services and purpose.

The department of human services is hereby created. It shall be included within the purpose of this department to integrate and coordinate all programs within the county's jurisdiction that provide services to individuals who, as a result of their health, or economic or social condition, require financial assistance, institutional care, rehabilitation, training, education, or other human services. The department will concern itself with changing social needs and will expedite the development and implementation of programs designed to meet those needs. (Ord. 82-111 § 1, adopted October 26, 1982; Amended Ord. 05-107, November 21, 2005, Eff date July 1, 2006).

2.400.020 Definitions.

The following definitions shall apply to terms used in this chapter:

(1) "Department" means the Snohomish county department of human services.

(2) "Director" means the director of the department of human services.

(3) "County personnel system" means those statements of policy and procedure contained in Title 3A SCC or its successor.

(4) "Exempt employee system" means the conditions of employment under the provisions of the chapter 3.68 SCC and amendments thereto. (5) "Home care services" means in-home personal care and other services provided to assist eligible individuals with activities of daily living under a program administered by the department of human services, including but not limited to the Community Options Program Entry System (COPES) and Medicaid Personal Care (MPC) programs.

(6) "Chemical dependency or mental health treatment services, or therapeutic court services," means services provided under a program administered by the department of human services with revenues from the tax imposed by SCC 4.25.010.

(7) "Labor harmony plan" means a plan to prevent or mitigate service disruptions and related adverse impacts of labor unrest.

(8) "Labor organization" means a labor union that is, or is actively seeking to become, the exclusive bargaining representative for employees that provide or will provide home care services, chemical dependency or mental health treatment services, or therapeutic court services, under a program administered by the department.

(9) "Labor unrest" means a dispute between management and labor within a private sector provider of home care services, chemical dependency or mental health treatment services, or therapeutic court services, that are provided under a program administered by the department.

(Ord. 82-111 § 1, adopted October 26, 1982; Amended by Ord. 09-011, Mar. 25, 2009, Eff date Apr. 13, 2009). 2.400.030 Authority and functions.

(1) The department shall have the authority to administer and coordinate county programs and projects relating to human services in accordance with county, state and federal laws or regulations. All applications for federal or state grants or loans to such county programs or projects shall be submitted to the department for review and recommendation as to their consistency with state, regional, local or other plans or policies and their potential duplication or conflict with other application, all for the purpose of maximizing federal or state benefits available to the county. (2) The department's scope of authority shall include, but not be limited to the following functional areas:

(a) Programs providing employment, training, and other supportive services designed to minimize the barriers to employment encountered by economically disadvantaged persons and to enable such persons to secure and retain unsubsidized employment in the public and private sectors of the economy;

(b) Programs providing financial and social and health services to the elderly designed to remove or reduce any barrier that interferes with the elderly's ability to live independently;

(d) Programs that provide any of the services mandated by the State Involuntary Treatment Act chapter 71.05 RCW;

(e) Programs designed to ensure that the needs of the mentally ill are met;

(f) Programs related to the problems of alcohol and other drug abuse;

(g) Energy assistance and weatherization programs for low-income populations;

(h) Programs that provide technical assistance and education for the agricultural industry;

(i) Program that develop and support healthy youth, families and community development;

(j) Early Childhood Education and Assistance programs;

(k) Programs that provide relief for indigent veterans in need of food, rental assistance, medical care or transportation; and

(l) Programs related to housing, including but not limited to low and moderate-income housing, emergency shelter, and affordable housing.

(3) Separate advisory boards required by state or federal funding sources or created under state and/or county code will continue to act in an advisory capacity for the separate program areas relating to aging, employment and training, mental health, alcohol and other drug abuse, developmental disabilities, veterans, children, youth, families, housing and other program areas. These advisory boards will make recommendations to the director of the department of human services on the separate county program areas. . (Ord. 82-111 § 1, adopted October 26, 1982; Amended Ord. 05-107, November 21, 2005, Eff date July 1, 2006).

2.400.040 Director. The director shall supervise and administer the activities of the department and shall advise the executive and the council with respect to matters affecting human services and the extent to which the county should participate in various human services programs and projects. The director may, upon approval by the executive, enter into and amend contracts on behalf of the county where the executive is authorized to do so under SCC 2.400.065. The director may act for the county in initiating or participating in any multi-governmental agency program relative to the purposes of this chapter and may accept, on behalf of the county, gifts and grants of every kind and nature. The director shall prepare and submit to the executive annual budget estimates for the department as provided in SCC 4.26.030. The director shall appoint all officers and employees of the department in accordance with the rules of the county personnel system. The director may delegate functions, powers and duties to other officers and employees of the department as (s)he deems expedient to further the purposes of this chapter. (Ord. 82-111, § 1, adopted Oct. 26, 1982; Amended Ord. 92-067, July 8, 1992; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007).

2.400.050 Appointment of director.

The director shall be appointed by the executive subject to confirmation by the county council. The director shall serve at the pleasure of the executive and shall be subject to the county exempt employee system, chapter 3.68 SCC. (Ord. 82-111 § 1, adopted October 26, 1982).

2.400.060 Organization by director.

2.400.063 Grant work plan. (1) The director may annually prepare a grant work plan to be submitted by the county executive to the county council for approval. A grant work plan shall describe each grant and include the following information for each grant: department division, fund, program, purpose of grant, grantor, grant term, amount of grant award, amount of matching funds required, source of matching funds, number of required FTEs to perform grant (including an indication if new or project FTEs are required) and shall include a summary table for all grants included in the grant plan. The director shall prepare standard templates to be used for preparation of grant work plans including grant descriptions and grant work plan summaries. (2) The county council shall consider the grant work plan in conjunction with its consideration of the annual budget or mid-biennium review. The county council may revise the grant work plan and approve the finalized grant work plan by motion. County council approval of a grant work plan shall provide authority for the county executive to approve and execute grant documents (including but not limited to applications, certifications, contracts, and subsequent amendments) to implement the approved grant work plan in accordance with SCC 2.10.010(30). (Added by Amended Ord. 10-113, Dec. 16, 2010, Eff date Dec. 26, 2010)

2.400.065 Approval of contracts.

(1) The county executive is authorized to approve and execute any contracts and contract amendments to implement a program administered by the department; PROVIDED, agreements, if any, with state, federal or other sources of funds that are necessary to provide funding for such contracts or contract amendments have been previously approved and the county council has appropriated funds for such programs; PROVIDED FURTHER, That the county executive shall submit to the county council an annual report, not later than February 15th of each year, showing the parties, contract amount, and purposes of each contract and contract amendment approved and executed by the county executive under this section.

(2) This section does not authorize the county executive to approve contracts with state or other sources of county funds for programs administered by the department, when the state or other source of funds requires that such contracts must be approved by the county council. The county executive may approve and sign amendments to such contracts as authorized by SCC 2.10.010(26), (27) or (30) or by specific county council action.

(3) Contracts and contract amendments with private sector providers of home care services, chemical dependency or mental health treatment services, or therapeutic court services, that are approved by the county executive under this section must be awarded in a manner consistent with contracting policies adopted under SCC 2.400.067, if applicable. (Added Ord. 92-067, July 8, 1992; Amended Ord. 93-122, Dec. 1, 1993, Eff date Dec. 11, 1993; Amended Ord. 98-005, § 1, Feb. 11, 1998, Eff date Feb. 23, 1998; Amended by Ord. 09-011, March 25, 2009, Eff date Jan. 1, 2010; Amended by Ord. 10-113, Dec. 15, 2010, Eff date Dec. 27, 2010).

2.400.067 Contracting policies for certain home care services, chemical dependency or mental health treatment services, and therapeutic court services.

(1) The county executive shall adopt such written contracting policies as may be necessary, as determined by the executive, to prevent or mitigate service disruptions caused by labor unrest within private sector providers of home care services, chemical dependency or mental health treatment services, or therapeutic court services, that would harm vulnerable members of the community, compromise the efficient delivery of county services, or adversely impact law enforcement services provided by the county. (2) In considering adoption of contracting policies under subsection (1) of this section, the executive shall consider whether to include at least the following policy elements: (a) A requirement that providers submit labor harmony plans at the time of application for a county contract; (b) A requirement that labor harmony plans submitted with an application include: (i) if at the time of application a labor organization exists within the meaning of SCC 2.400.020(8), a written agreement between the provider and labor organization that contains a procedure the parties will use or have used to prevent or mitigate adverse impacts of labor unrest on recipients of services, or (ii) if at the time of application a labor organization does not exist within the meaning of SCC 2.400.020(8), a written statement by the provider of what measures it will take or has taken to prevent or mitigate adverse impacts of labor unrest on recipients of services; (c) Procedures that providers and labor organizations may use to develop labor harmony plans or resolve disputes relating to development or implementation of labor harmony plans; (d) Procedures for evaluation of labor harmony plans by the county; (e) Procedures for rejection of labor harmony plans by the county; (f) Procedures for administrative review of decisions by the county to reject labor harmony plans; and (g) Exceptions to labor harmony plan requirements. (3) All contracting policies adopted under this section must be based on and consistent with the county's proprietary interest in preventing or mitigating service disruptions and related adverse impacts of labor unrest. (Added by Ord. 09-011, Mar. 25, 2009, Eff date Apr. 13, 2009)

2.400.070 Severability.

If any provision of this chapter is held invalid, the remainder of the chapter shall not be affected. (Ord. 82-111 § 1, adopted October 26, 1982).

2.400.075 Effective date.

The effective date of the ordinance codified in this chapter shall be January l, 1983. (Ord. 82-111 § 1, adopted October 26, 1982).

Chapter 2.410 SNOHOMISH COUNTY CHILDREN'S COMMISSION

2.410.010 Children's commission created.

The county council does hereby create a children's commission consisting of 25 members which shall serve as advisors on issues of health, safety, and social services for infants, young children and youth in the community. The commission shall advise the executive and department of human services on all matters related to the administration and enhancement of children's programs. (Added Ord. 85-060, § 1, July 10, 1985; Amended Ord. 86-074, § 1, July 30, 1986).

2.410.020 Powers and duties of commission.

The children's commission shall have the following powers and duties:

(1) Conduct public hearings to determine the needs and priorities of children ages 0-18 in Snohomish county as related to health, mental health, safety, and social services.

(2) Hold community forums for the surfacing of issues affecting children's well-being and service delivery needs.

(3) Report within a year and at regular intervals thereafter on the status of children's service needs and resources in Snohomish county; making its findings a written document on which advice and recommendations for future action and planning shall be based.

(4) Advise county government on matters relating to the priorities, objectives, and tasks to be performed affecting infants, young children and youth.

(5) Act as a resource center providing technical assistance to community based organizations dealing with children's issues, assist in the development of grants affecting infants, young children, and youth, and provide input to local, state and federal agencies on these issues.

(6) Act in an advocate role to public and private sector for the interest of children of Snohomish county. (7) Such other duties as may be assigned. (Added Ord. 85-060, § 1, July 10, 1985).

2.410.030 Appointment to the children's commission.

The commission shall be composed of no more than 25 members, at least two of whom shall upon appointment be youth under the age of 18. Appointments shall be made by geographical distribution with 10 at-large members from anywhere within the county, and three representing each council district. Appointments shall be made pursuant to chapter 2.03 SCC. The members shall represent one or more of the following areas:

(1) Health and human services;

(2) Education;

(3) Business and labor;

(4) Law and justice;

(5) Concerned citizens;

(6) State department of social and health services and/or the United States department of health and human services;

(7) Youth;

(8) Elected officials;

(9) Minorities. (Added Ord. 85-060, § 1, July 10, 1986; Amended Ord. 86-074, § 2, July 30, 1986; Amended Ord. 89-055, § 1, June 28, 1989).

2.410.040 Commissioners' terms.

The terms of office for members of the children's commission shall be for four years with the exception of youth appointments which shall be for terms of one year. A member may serve a maximum of three consecutive terms on the same commission. After a period of two years' absence from the commission, a person may again be appointed for up to three consecutive terms. (Added Ord. 85-060, § 1, July 10, 1985; Amended Ord. 89-055, § 2, June 28, 1989).

2.410.050 Vacancies.

2.410.060 Organization of children's commission. At its first meeting, the commission shall organize by electing a chairperson and vice chairperson to serve for a period of one year. Staff shall be assigned by the county executive from county government. The county council may have an ex officio member to be named by them. (Added Ord. 85-060, § 1, July 10, 1985).

Chapter 2.420 SNOHOMISH COUNTY COMMUNITY SERVICES ADVISORY COUNCIL

2.420.010 Community services advisory council created -- Purpose.

The Snohomish county council hereby creates the Snohomish county community services advisory council. The Snohomish county community services advisory council's purpose is to advise the county executive and the county council, through the Snohomish county human services department, on all matters relating to the causes of poverty and to a reduction in the effects of poverty. (Added Ord. 86-076, § 1, August 6, 1986).

2.420.020 Powers and duties.

The community services advisory council shall have the following powers and duties:

(1) Conduct studies, investigations and public hearings to determine the priority needs of Snohomish county's low-income population including special studies of significance to human service issues.

(2) Review and recommend for approval an annual priorities plan for the community services division of the human services department.

(3) Recommend community services block grant program strategies that are responsive to the priorities plan.

(4) Assess the progress of community services division programs through quarterly review of performance.

(5) Advise the county executive and county council through the human services department on the allocation of community services block grant resources.

(6) Act in an advocate role in the public and private sectors in the interests of low-income population of Snohomish county.

(7) Maximize the extent and quality of low-income participation in the programs of the community services division. (Added Ord. 86-076, § 2, August 6, 1986).

2.420.030 Membership and appointment.

The community services advisory council shall consist of at least 12 and not more than 24 members. Membership will be constituted to ensure that (1) one-third of the members are elected public officials, currently holding office, or their representatives except that if the number of elected officials reasonably available and willing to serve is less than one-third, appointed public officials may be substituted; (2) at least one-third of the members are persons chosen in accordance with democratic selection procedures adequate to ensure that they are representative of the poor; and (3) the remainder of the members are officials or members of business, industry, labor, religion, welfare, education, or other major groups and interests. The membership shall be representative of each Snohomish county council legislative district with at least two members from each. (Added Ord. 86-076, § 3, August 6, 1986).

2.420.040 Terms of members.

The terms of office of community services advisory council members shall be four years; PROVIDED, That no person may serve more than eight years as a member regardless of which group or combination of groups represented; PROVIDED FURTHER, That the term of an initially appointed member may be set for a period shorter than four years in order that an equal number of vacancies occur every two years. (Added Ord. 86-076, § 4, August 6, 1986).

2.420.050 Vacancies.

A vacancy resulting from the expiration of a term of office shall be filled by appointment for a term of four years. Vacancies occurring for any reason other than the expiration of a term of office shall be by appointment for the unexpired term of office being filled. (Added Ord. 86-076, § 5, August 6, 1986).

Chapter 2.430 SNOHOMISH COUNTY VETERANS' ASSISTANCE FUND EXECUTIVE BOARD

2.430.010 Veterans' assistance fund executive board created -- Purpose.

There is created a veterans' assistance fund executive board to advise the county on matters relating to veterans and the veterans' assistance fund established under RCW 73.08. (Added Ord. 95-088, Oct. 25, 1995, Eff date Nov. 11, 1995).

2.430.020 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) “Board” means the Snohomish County Veterans Assistance Fund Executive Board.

(2) “Commander” means the legally recognized commanding officer of a veteran’s organization.

(3) “Department” means the Snohomish County Human Services Department for administration of veterans’ assistance funds.

(4) “Director” means the director of the Snohomish County Human Services Department. (5) “Service Officer/Case Manager” means the program staff for the administration of the Snohomish County Veterans’ Assistance Fund. The service officer will be an employee of the Snohomish County Human Services Department, Community Services Division.

(6) “Veteran” has the meaning set out in RCW 41.04.005.

(7) “Veteran’s organization” means any post, camp or chapter of a national organization of veterans now, or which may after the effective date of this ordinance be, chartered by an act of Congress which has been filed with the Snohomish County Auditor notice of its intention to provide veterans relief in accordance with RCW 73.08.040. (Added Ord. 95-088, Oct. 25, 1995, Eff date Nov. 11, 1995).

2.430.030 Powers and duties of the board.

The board shall adopt policies and procedures as necessary to perform the duties of the board. Staff may be assigned by the county executive from county government. The board shall have the following powers and duties.

(1) Recommend guidelines, policies and procedures to the director of the department for expenditures from the veterans' assistance fund.

(2) Review and adjudicate all appeals from applicants who feel they were treated improperly or denied assistance unfairly in accordance with policies and procedures of the veterans' assistance fund board. Decisions on appeals will be sent to the department, which will be responsible for notifying the appellant of the decision.

(3) Advise the county executive and the department on the budget for the veterans’ assistance fund.

(4) Review and advise the director of the department on applications for the service officer position. The director will make the final appointment after full consultation with the board.

(5) Perform such other duties as may be requested by the department. (Added Ord. 95-088, Oct. 25, 1995, Eff date Nov. 11, 1995; Ord. 05-011, April 13, 2005, Eff date April 25, 2005).

2.430.040 Composition of the board.

The board shall consist of not less than one (1) and no more than two (2) representatives of each congressionally charted veterans' organization as defined in RCW 73.08.010, which members shall be recommended by the district commander of each veterans' organization. In addition, there shall be two veteran at-large members, which members need not be representatives of a veterans' organization but shall be veterans recruited from the community and recommended by the board. Members of the board shall be nominated by the county executive and appointed by the county council pursuant to chapter 2.03 of the Snohomish County Code. (Added Ord. 95-088, Oct. 25, 1995, Eff date Nov. 11, 1995; Ord. 05-011, April 13, 2005, Eff date April 25, 2005).

2.430.050 Board member terms. The terms of office for members of the board shall be for four years; PROVIDED, that no person shall serve more than three consecutive terms on the same board, unless there has been a period of two years absence from the board, a person may again be appointed for up to three consecutive terms; PROVIDED FURTHER, that the term of an initially-appointed member may be set for a period shorter than four years in order that an equal number of vacancies occur every two years. (Added Ord. 95-088, Oct. 25, 1995, Eff date Nov. 11, 1995).

2.430.060 Vacancies.

A vacancy resulting from the expiration of a term of office shall be filled by appointment for a term of four years. Vacancies occurring for any reason other than the expiration of a term of office shall be by appointment for the expired term of the office being filled. (Added Ord. 95-088, Oct. 25, 1995, Eff date Nov. 11, 1995).

2.430.070 Compensation.

Members of the board shall serve without compensation. However, members may be reimbursed for mileage to and from meetings and for other expenses as approved by the director of the department as limited by budgetary constraints. (Added Ord. 95-088, Oct. 25, 1995, Eff date Nov. 11, 1995).

2.430.090 Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Added Ord. 95-088, Oct. 25, 1995, Eff date Nov. 11, 1995).

Chapter 2.450 SNOHOMISH COUNTY COUNCIL ON AGING

2.450.010 Purpose.

The Snohomish county council on aging as established under the Older Americans Act of 1965 is hereby recognized as having authority to advise the executive, department of human services and the division of aging on all matters related to the administration of aging programs. (Added Ord. 84-156, § 1, Jan. 2, 1985).

2.450.020 Duties and functions.

The Snohomish county council on aging shall have the following duties and functions:

(1) Conduct public hearings and other investigations to determine the needs and priorities of county senior citizens;

(2) Review and recommend plans, policies, budgets, and funding applications; (3) Evaluate the performance of the county aging programs at least annually;

(4) Advise the department of human services on matters relating to the priorities, objectives and tasks to be performed by the department;

(5) Submit to the county executive names of nominees for appointment to the council on aging; and

(6) Such other duties as may be assigned. (Added Ord. 84-156, § 1, Jan. 2, 1985).

2.450.030 Membership and qualifications.

The board shall be composed of no more than 30 members. The membership shall include representatives of senior citizen organizations, local elected officials, and members of the general public; PROVIDED, That at least 51 percent of the members shall be 60 years or older. Members of the board shall be recommended and appointed according to the provisions of chapter 2.03 SCC. (Added Ord. 84-156, § 1, Jan. 2, 1985).

2.450.040 Terms and compensation.

Members of the board shall serve three year terms. They shall not be compensated for the performance of their duties, but may be reimbursed in accordance with chapter 2.03 SCC. (Added Ord. 84-156, § 1, Jan. 2, 1985).

2.450.900 Severability.

If any provision of this chapter is held invalid, the remainder of the chapter shall not be affected. (Added Ord. 84-156, § 1, Jan. 2, 1985).

Chapter 2.460 Snohomish County Human Rights Ordinance

2.460.010 Statement of policy. Prejudice, intolerance, bigotry, and discrimination occasioned thereby threaten the rights and privileges of the county's inhabitants and menace the institutions and foundation of a free democratic state. It is the policy of the county to reject discrimination which denies equal treatment to any individual because of his or her race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, as provided in the law against discrimination, Chapter 49.60 RCW, and this chapter. This ordinance is adopted to assure that persons within unincorporated Snohomish county are protected in the enjoyment of their civil rights and to promote mutual understanding and respect among all who live or work within the county. This chapter shall be liberally construed to accomplish its purpose. Nothing in this chapter shall be construed to limit rights granted under the laws of the state of Washington or the United States. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.020 Commission on human rights created. There is hereby created the Snohomish county commission on human rights consisting of seven members appointed by the county executive and confirmed by the county council pursuant to the county charter and this chapter. The commission shall have the powers and duties set out in this chapter, except that implementation of this chapter shall be phased as provided in SCC 2.460.290. Members of the commission shall serve without compensation but may be reimbursed for mileage and other reasonable expenses approved by the county executive or office of human rights as provided in SCC 2.03.070. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.030 Powers and duties of commission. (1) The commission shall serve in an advisory capacity to the county executive, county council, office of human rights, and other county officers and agencies in matters concerning human rights. The commission shall have authority to: (a) Advise and consult with the county executive and council on all matters involving unlawful discrimination, including discrimination in the form of sexual harassment, and recommend executive or legislative action when needed to effectuate the policy of this chapter; (b) Advise and consult with the county executive and council and other county officers and agencies on assuring and improving equality of county services to all eligible persons; (c) Advise and consult with the department of human resources and other county officers and agencies on the development and implementation of programs to train county employees in methods of dealing with intergroup relations in order to develop respect for equal rights and to achieve equality of inhabitants regardless of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability; (d) Advise and consult with the office of human rights and hearing examiner on adoption of rules as may be needed to implement this chapter; (e) Advise and consult with the county executive and council on preparation and implementation of affirmative action plans required by chapter 3.57 SCC; (f) Apply for grants and conduct research, public forums, and educational programs relating to tensions between or practices of unlawful discrimination affecting racial, ethnic, religious, cultural, and social groups within the county: PROVIDED, That acceptance of grants requires county council approval; (g) Conduct public hearings to ascertain the status and treatment of racial, ethnic, religious, cultural, and social groups within the county; means of alleviating unlawful discrimination within the county; and means of improving human relations within the county; (h) Issue such publications as may assist in the performance of its functions, subject to appropriation of necessary funds; and (i) Propose to the county executive and council written agreements between the county and any municipal government within the county, or any state or federal agency, providing for joint processing, transfer, or referral for processing and investigation of complaints alleging unlawful discrimination within the meaning of this chapter. (2) The commission shall submit annual reports to the county executive and council on the activities and any recommendations of the commission, which reports shall be published by the county executive. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.040 Appointment to commission – qualifications, terms, organization. (1) The commission shall consist of seven members to include one member who resides in each council district and two at-large members. One at-large member shall represent the law enforcement community. The other at-large member shall represent the county executive. Notwithstanding, SCC 2.03.060(3), any at-large member may be a county employee. Appointments shall be made in accordance with chapter 2.03 SCC, except that nominations of at-large members representing law enforcement shall be made in consultation with the county sheriff. Nominations of other than at-large members shall be made after providing an opportunity for the council member representing the district for which the nomination is made to recommend potential nominees. (2) In addition to meeting the requirements of SCC 2.03.060, each member of the commission must reside within the county. In nominating and confirming members of the commission the county executive and council shall take into account the diversity of communities and conditions protected by this chapter, and shall seek input from the affected communities. (3) Of the initial appointees, three shall be appointed to terms ending on July 1 of the year following their appointment, two shall be appointed to terms ending on July 1 of the second year following their appointment, and two shall be appointed to terms ending on July 1 of the third year following their appointment. Thereafter, members shall be appointed to terms of three years. (4) Vacancies on the commission shall be filled in the same manner as original appointments. Members may be removed by the county council for incompetence, substantial neglect of duty, gross misconduct, violation of law, or as authorized by SCC 2.03.080: PROVIDED, That the member is provided written notice stating with particularity the grounds for removal and an opportunity to respond prior to final council action. (5) At its first meeting after July 1 of each year the commission shall elect from its membership a chairperson and a vice-chairperson. The chairperson shall preside at all meetings of the commission, except that the vice-chairperson shall preside in the absence of the chairperson. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.050 Office of human rights created. (1) There is hereby created as an executive department of county government an office of human rights. The office shall be responsible for administration and enforcement of this chapter. The office shall provide staff support to the commission established by SCC 2.460.020 to the extent consistent with budgetary constraints. (2) The office shall be headed by an executive director who shall be appointed by the county executive and confirmed by the county council as provided in SCC 3.68.030. Prior to appointing an executive director the county executive shall consult with the commission and provide an opportunity for the commission to recommend candidates and to interview candidates considered by the executive. The executive director may appoint staff as provided for in the applicable annual or biennial county budget. (3) The executive director may, after consultation with the commission, adopt procedural rules to promote efficient and effective enforcement of this chapter. Such rules may address time requirements for filing and processing complaints, issuance of subpoenas in connection with office enforcement activities, and other matters relating to enforcement of this chapter: PROVIDED, That rules of procedure governing proceedings before the hearing examiner under SCC 2.460.230 shall be adopted by the hearing examiner. Rules for processing complaints alleging unlawful discrimination with respect to real estate transactions pursuant to SCC 2.460.130-2.460.140 shall be consistent with the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.) and shall not exceed or be more restrictive than the requirements or standards of that act. (4) Operation of this section shall be suspended for an indefinite period pending further action by ordinance as provided in SCC 2.460.290. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.060 Definitions. In this chapter, unless the context clearly requires otherwise, (1) "Age" means between 40 and 70 years of age; (2) "Any place of public resort, accommodation, assemblage, or amusement" includes, but is not limited to, any place, licensed or unlicensed, kept for gain, hire, or reward, or where charges are made for admission, service, occupancy, or use of any property or facilities, whether conducted for the entertainment, housing, or lodging of transient guests, or for the benefit, use, or accommodation of those seeking health, recreation, or rest, or for the burial or other disposition of human remains, or for the sale of goods, merchandise, services, or personal property, or for the rendering of personal services, or for public conveyance or transportation on land, water, or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation, or public purposes, or public halls, public elevators, and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or educational institution, or schools of special instruction, or nursery schools, or day care centers or children's camps: PROVIDED, That nothing contained in this definition shall be construed to include or apply to any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, including fraternal organizations, though where public use is permitted that use shall be covered by this chapter; nor shall anything contained in this definition apply to any educational facility, columbarium, crematory, mausoleum, or cemetery operated or maintained by a bona fide religious or sectarian institution; (3) "Commission" means the Snohomish county commission on human rights created by SCC 2.460.020; (4) "Complainant" means a person who has filed a complaint under authority of SCC 2.460.210; (5) "Covered multifamily dwelling" means (a) buildings consisting of four or more dwelling units if such buildings have one or more elevators, and (b) ground floor dwelling units in other buildings consisting of four or more dwelling units; (6) "Credit transaction" includes any open or closed end credit transaction, whether in the nature of a loan, retail installment transaction, credit card issue or charge, or otherwise, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such credit is extended in the regular course of any trade or commerce, including but not limited to transactions by banks, savings and loan associations or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or service therefrom may be deferred; (7) "Disability" means: (a) The presence of a sensory, mental, or physical impairment that (i) is medically cognizable or diagnosable; or (ii) exists as a record or history; or (iii) is perceived to exist whether or not it exists in fact; (b) A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, or whether or not it limits the ability to work generally or work at a particular job or whether or not it limits any other activity within the scope of this chapter; (c) For purposes of this definition, "impairment" includes, but is not limited to: (i) Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitor-urinary, hemic and lymphatic, skin, and endocrine; or (ii) Any mental, developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; (d) Only for the purposes of qualifying for reasonable accommodation in employment, impairment must be known or shown through an interactive process to exist in fact and: (i) The impairment must have a substantially limiting effect upon the individual's ability to perform his or her job, the individual's ability to apply or be considered for a job, or the individual's access to equal benefits, privileges, or terms or conditions of employment; or (ii) The employee must have put the employer on notice of the existence of an impairment, and medical documentation must establish a reasonable likelihood that engaging in job functions without an accommodation would aggravate the impairment to the extent that it would create a substantially limiting effect; (e) For purposes of (d) of this subsection, a limitation is not substantial if it has only a trivial effect; (8) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons; (9) "Dwelling" means any building, structure, or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof; (10) "Employee" does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person; (11) "Employer" includes the county and any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons, and does not include any religious or sectarian organization not organized for private profit; (12) "Employment agency" includes any person undertaking with or without compensation to recruit, procure, refer, or place employees for an employer; (13) "Families with children status" means one or more individuals who have not attained the age of eighteen years being domiciled with a parent or another person having legal custody of such individual or individuals, or with the designee of such parent or other person having such legal custody, with the written permission of such parent or other person. Families with children status also applies to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years; (14) "Full enjoyment of" includes the right to purchase any service, commodity, or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, without acts directly or indirectly causing persons of any particular race, creed, color, sex, sexual orientation, national origin, or with any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, to be treated as not welcome, accepted, desired, or solicited; (15) "Honorably discharged veteran or military status" means a person who is: (a) A veteran, as defined in RCW 41.14.007; or (b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves; (16) "Labor organization" includes any organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms or conditions of employment, or for other mutual aid or protection in connection with employment; (17) "Marital status" means the legal status of being married, single, separated, divorced, or widowed; (18) "National origin" includes "ancestry;" (19) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; it includes any owner, lessee, proprietor, manager, agent, or employee, whether one or more natural persons; and further includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision thereof; (20) "Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the public and common use areas of a building; (21) "Real estate transaction" includes the sale, appraisal, brokering, exchange, purchase, rental, or lease of real property, transacting or applying for a real estate loan, or the provision of brokerage services; (22) "Real property" includes buildings, structures, dwellings, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein; (23) "Respondent" means one against whom a complaint has been filed under authority of SCC 2.460.210; (24) "Service animal" means an animal that is trained for the purpose of assisting or accommodating a sensory, mental, or physical disability of a person with a disability; (25) "Sex" means gender; (26) "Sexual orientation" means heterosexuality, homosexuality, bisexuality, and gender expression or identity. As used in this definition, "gender expression or identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self- image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth; (27) "Unlawful discrimination" means conduct that is unlawful under SCC 2.460.070 - SCC 2.460.180. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.070 Unlawful discrimination by employers. It is unlawful for any employer: (1) To refuse to hire any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation. (2) To discharge or bar any person from employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. (3) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That it shall not be an unlawful discrimination for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the Washington state human rights commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes. (4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.080 Unlawful discrimination by labor unions. It is unlawful for any labor union or labor organization: (1) To deny membership and full membership rights and privileges to any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. (2) To expel from membership any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. (3) To discriminate against any member, employer, employee, or other person to whom a duty of representation is owed because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.090 Unlawful discrimination by employment agencies. It is unlawful for any employment agency to fail or refuse to classify properly or refer for employment, or otherwise to discriminate against, an individual because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or to print or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification or discrimination as to age, sex, race, sexual orientation, creed, color, or national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.100 Age discrimination - limitation. No person shall be considered to have engaged in a practice of unlawful discrimination on the basis of age discrimination unless the practice violates RCW 49.44.090. It is a defense to any complaint of an unlawful age discrimination that the practice does not violate RCW 49.44.090. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.110 Unlawful discrimination with respect to credit transactions. (1) It is unlawful for any person whether acting for himself, herself, or another in connection with any credit transaction because of race, creed, color, national origin, sex, marital status, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability: (a) To deny credit to any person; (b) To increase the charges or fees for or collateral required to secure any credit extended to any person; (c) To restrict the amount or use of credit extended or to impose different terms or conditions with respect to the credit extended to any person or any item or service related thereto; or (d) To attempt to do any of the unlawful acts defined in this section. (2) Nothing in this section shall prohibit any party to a credit transaction from considering the credit history of any individual applicant. (3) Further, nothing in this section shall prohibit any party to a credit transaction from considering the application of the community property law to the individual case or from taking reasonable action thereon. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.120 Unlawful discrimination by places of public resort, accommodation, assemblage, amusement. It is unlawful for any person or the person's agent or employee to commit an act which directly or indirectly results in any distinction, restriction, or discrimination, or the requiring of any person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement, except for conditions and limitations established by law and applicable to all persons, regardless of race, creed, color, national origin, sexual orientation, sex, honorably discharged veteran or military status, status as a mother breastfeeding her child, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That this section shall not be construed to require structural changes, modifications, or additions to make any place accessible to a person with a disability except as otherwise required by law: PROVIDED, That behavior or actions constituting a risk to property or other persons can be grounds for refusal and shall not constitute an unlawful act. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.130 Unlawful discrimination with respect to real estate transactions, facilities, or services. (1) It is unlawful for any person, whether acting for himself, herself, or another, because of sex, marital status, sexual orientation, race, creed, color, national origin, families with children status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability: (a) To refuse to engage in a real estate transaction with a person; (b) To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith; (c) To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person; (d) To refuse to negotiate for a real estate transaction with a person; (e) To represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to fail to bring a property listing to his or her attention, or to refuse to permit the person to inspect real property; (f) To discriminate in the sale or rental, or to otherwise make unavailable or deny a dwelling, to any person; or to a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or to any person associated with the person buying or renting; (g) To make, print, circulate, post, or mail, or cause to be so made or published a statement, advertisement, or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect thereto; (h) To offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith; (i) To expel a person from occupancy of real property; (j) To discriminate in the course of negotiating, executing, or financing a real estate transaction whether by mortgage, deed of trust, contract, or other instrument imposing a lien or other security in real property, or in negotiating or executing any item or service related thereto including issuance of title insurance, mortgage insurance, loan guarantee, or other aspect of the transaction. Nothing in this section shall limit the effect of SCC 2.460.110 relating to unlawful discrimination in credit transactions; or (k) To attempt to do any of the unlawful acts defined in this section. (2) For the purposes of this chapter discrimination based on the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled includes: (a) A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the dwelling, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the dwelling to the condition that existed before the modification, reasonable wear and tear excepted; (b) To refuse to make reasonable accommodation in rules, policies, practices, or services when such accommodations may be necessary to afford a person with the presence of any sensory, mental, or physical disability and/or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled equal opportunity to use and enjoy a dwelling; or (c) To fail to design and construct covered multifamily dwellings and premises in conformance with the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.) and all other applicable laws or regulations pertaining to access by persons with any sensory, mental, or physical disability or use of a trained dog guide or service animal. Whenever the requirements of applicable laws or regulations differ, the requirements which require greater accessibility for persons with any sensory, mental, or physical disability shall govern. (d) Nothing in (a) or (b) of this subsection shall apply to: (i) A single-family house rented or leased by the owner if the owner does not own or have an interest in the proceeds of the rental or lease of more than three such single-family houses at one time, the rental or lease occurred without the use of a real estate broker, as defined in RCW 18.85.011, and the rental or lease occurred without the publication, posting, or mailing of any advertisement, sign, or statement in violation of subsection (1)(g) of this section; or (ii) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of the rooms or units as his or her residence. (3) Notwithstanding any other provision of this chapter, it shall not be unlawful discrimination for any public or private educational institution to separate the sexes or give preference to or limit use of dormitories, residence halls, or other student housing to persons of one sex or to make distinctions on the basis of marital or families with children status. (4) Except pursuant to subsection (2)(a) of this section, this section shall not be construed to require structural changes, modifications, or additions to make facilities accessible to a person with a disability except as otherwise required by law. Nothing in this section affects the rights, responsibilities, and remedies of landlords and tenants pursuant to chapter 59.18 or 59.20 RCW, including the right to post and enforce reasonable rules of conduct and safety for all tenants and their guests. Nothing in this section limits the applicability of any reasonable federal, state, or local restrictions regarding the maximum number of occupants permitted to occupy a dwelling. (5) Notwithstanding any other provision of this chapter, it shall not be unlawful discrimination for any public establishment providing for accommodations offered for the full enjoyment of transient guests as defined by RCW 9.91.010(1)(c) to make distinctions on the basis of families with children status. Nothing in this section shall limit the effect of SCC 2.460.120 relating to unlawful discrimination in places of public accommodation. (6) Nothing in this chapter prohibiting discrimination based on families with children status applies to housing for older persons as defined by the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995. Nothing in this chapter authorizes requirements for housing for older persons different than the requirements in the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995. (7) Nothing in this chapter shall apply to real estate transactions involving the sharing of a dwelling unit, or rental or sublease of a portion of a dwelling unit, when the dwelling unit is to be occupied by the owner or subleasor. For purposes of this section, "dwelling unit" has the same meaning as in RCW 59.18.030. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010) 2.460.140 Unlawful discrimination with respect to blockbusting. It is unlawful for any person, for profit, to induce or attempt to induce any person to sell or rent any real property by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, creed, color, sex, national origin, sexual orientation, families with children status, honorably discharged veteran or military status, or with any sensory, mental, or physical disability and/or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled.

(Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.150 Relief for unlawful discrimination in real estate transaction – damages, penalty. (1) When a reasonable cause determination has been made under SCC 2.460.220 of unlawful discrimination in a real estate transaction and a finding has been made that the respondent has engaged in unlawful conduct in a real estate transaction under SCC 2.460.230, the hearing examiner shall promptly issue an order for such relief suffered by the aggrieved person as may be appropriate, which may include actual damages as provided by the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.), and injunctive or other equitable relief. Such order may, to further the public interest, assess a civil penalty against the respondent: (a) In an amount up to ten thousand dollars if the respondent has not been determined to have committed any prior act of unlawful discrimination in a real estate transaction; (b) In an amount up to twenty-five thousand dollars if the respondent has been determined to have committed one other act of unlawful discrimination in a real estate transaction during the five-year period ending on the date of the filing of this charge; or (c) In an amount up to fifty thousand dollars if the respondent has been determined to have committed two or more acts of unlawful discrimination in a real estate transaction during the seven-year period ending on the date of the filing of this charge, for loss of the right secured by SCC 2.460.130 or 2.460.140, as now or hereafter amended, to be free from discrimination in real property transactions because of sex, marital status, race, creed, color, national origin, sexual orientation, families with children status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person who is blind, deaf, or physically disabled. Enforcement of the order and appeal therefrom by the complainant or respondent may be made as provided in SCC 2.460.240 and 2.460.250. If acts constituting the unlawful discrimination in a real estate transaction that is the object of the charge are determined to have been committed by the same natural person who has been previously determined to have committed acts constituting unlawful discrimination in a real estate transaction, then the civil penalty of up to fifty thousand dollars may be imposed without regard to the period of time within which any subsequent unlawful discrimination in a real estate transaction occurred. All civil penalties assessed under this section shall be paid into the county and credited to the general fund created by SCC 4.07.010. (2) Such order shall not affect any contract, sale, conveyance, encumbrance, or lease consummated before the issuance of an order that involves a bona fide purchaser, encumbrancer, or tenant who does not have actual notice of the charge filed under this chapter. (3) Notwithstanding any other provision of this chapter, persons awarded damages under this section may not receive additional damages pursuant to SCC 2.460.230. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.160 County facilities, services, and programs. (1) It is unlawful for any person to discriminate against or grant preferential treatment to any individual or group on the basis of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability in the provision or distribution of any county facilities, services, or programs. (2) This section shall not affect any otherwise lawful classification that: (a) Is based on sex and is necessary for sexual privacy or medical or psychological treatment; or (b) Is necessary for undercover law enforcement or for film, video, audio, or theatrical casting; (c) Provides for separate athletic teams for each sex; or (d) Must be taken to establish or maintain eligibility for any federal or state program, if ineligibility would result in a loss of federal or state funds to the county. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.170 County contracts. (1) The county executive, purchasing manager, and other county officers authorized to enter into contracts on behalf of the county shall include a provision in all county contracts for services that sets forth or incorporates the requirements of this chapter, requires the contractor to comply with substantive requirements of this chapter, and requires the contractor to certify the contractor's compliance with those requirements. All county contracts for services must provide that if the contractor is found to have violated that provision, or to have furnished false or misleading information in an investigation or proceeding conducted pursuant to the contract or this chapter, the contract may be subject to a declaration of default and termination at the county's discretion. (2) In this section, “county contract for services” means a written agreement with a provider of services under which the county purchases services in exchange for payment of money. This section does not apply to: (a) contracts with: (i) counties, cities, towns, and special purpose districts, (ii) the state or federal governments, (iii) federally recognized Indian tribes; or to (b) other contracts for which its application is determined by the purchasing authority to violate competitive bidding or other legal requirements. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010; Amended by Amended Ord. 11-077, Nov. 14, 2011, Eff date Nov. 25, 2011)

2.460.180 Unlawful discrimination to aid violation - retaliation. (1) It is unlawful for any person to aid, abet, encourage, or incite the commission of any discrimination that is unlawful under this chapter, or to attempt to obstruct or prevent any other person from complying with the provisions of this chapter or any order issued under this chapter. (2) It is unlawful for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practice forbidden by this chapter, or because the person has filed a charge, testified, or assisted in any proceeding under this chapter. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.190 Misdemeanor to interfere with office of human rights. Any person who willfully prevents, impedes, or interferes with the office of human rights or any of its representatives in the performance of duty under this chapter is guilty of a misdemeanor and upon conviction is punishable as provided in SCC 1.01.100. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.200 Application within cities and towns. (1) This chapter shall apply and may be enforced within a city or town located within the county if the city or town adopts or incorporates the provisions of this ordinance by lawful ordinance or resolution and has entered into an agreement with the county pursuant to the interlocal cooperation act, chapter 39.34 RCW, that provides for application and enforcement of this chapter within the city or town. (2) If a complaint is filed pursuant to SCC 2.460.210 relating to actions within a city or town to which this ordinance does not apply, the officer receiving the complaint shall promptly forward the complaint to the Washington state human rights commission for processing in accordance with chapter 49.60 RCW. (3) This section shall not affect application of this chapter within a city or town to county employment, facilities, services, or programs. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.210 Complaints may be filed with office of human rights. (1) Who may file a complaint: (a) Any person claiming to be aggrieved by alleged unlawful discrimination may, personally or by his or her attorney, make, sign, and file with the office of human rights a complaint in writing under oath or by declaration. The complaint shall state the name of the person alleged to have committed the unlawful discrimination and the particulars thereof, and contain such other information as may be required by the office. (b) Whenever it has reason to believe that any person has been engaged or is engaging in unlawful discrimination, the office of human rights may issue a complaint. (c) Any employer or principal whose employees, or agents, or any of them, refuse or threaten to refuse to comply with the provisions of this chapter may file with the office of human rights a written complaint under oath or by declaration asking for assistance by conciliation or other remedial action. (2) Any complaint filed pursuant to this section must be so filed within six months after the alleged act of discrimination except that complaints alleging unlawful discrimination in a real estate transaction pursuant to SCC 2.460.130-2.460.140 must be so filed within one year after the alleged unlawful discrimination in a real estate transaction has occurred or terminated, and except as provided in chapter 42.41 RCW. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.220 Investigation of complaints, conference, conciliation, findings, rules. (1) (a) Except as provided for in (c) of this subsection, after the filing of any complaint, the office of human rights shall promptly review and evaluate the complaint. If the facts as stated in the complaint do not constitute unlawful discrimination under this chapter, a finding of no reasonable cause may be made without further investigation. If the facts as stated could constitute unlawful discrimination under this chapter, an investigation and ascertainment of the facts shall be conducted. (b) If it appears that the complainant has limitations related to language proficiency or cognitive or other disability, the office must contact the complainant directly and make appropriate inquiry of the complainant as to the facts of the complaint. (c) After the filing of a complaint alleging an unfair practice in a real estate transaction pursuant to SCC 2.460.130 through 2.460.150, the office shall promptly investigate and ascertain the facts alleged in the complaint. (2) The investigation shall be limited to the alleged facts contained in the complaint. The results of the investigation shall be reduced to written findings of fact, and a finding shall be made that there is or that there is not reasonable cause for believing that unlawful discrimination has been or is being committed. A copy of the findings shall be provided to the complainant and respondent. (3) If the finding is made that there is reasonable cause for believing that unlawful discrimination has been or is being committed, the office of human rights shall immediately endeavor to eliminate the unlawful discrimination by conference, conciliation, and persuasion. (4) If an agreement is reached for the elimination of such unlawful discrimination as a result of such conference, conciliation, and persuasion, the agreement shall be reduced to writing and signed by the respondent, and an order shall be entered by the executive director setting forth the terms of the agreement. No order shall be entered at this stage of the proceedings except upon such written agreement. Conciliation agreements shall be subject to public disclosure except as provided in chapter 42.56 RCW. (5) If no such agreement can be reached, a finding to that effect shall be made and reduced to writing, with a copy thereof provided to the complainant and the respondent. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.230 Hearing examiner to hear complaints – penalties, order. (1) In case of failure to reach an agreement for the elimination of such unlawful discrimination, and upon the entry of findings to that effect, the office of human rights shall refer the matter to the hearing examiner for hearing and disposition pursuant to chapter 2.02 SCC. The office shall cause to be issued and served a written notice, together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint in such form as the hearing examiner may prescribe by rule. (2) The place of any such hearing shall be determined by the hearing examiner. The case in support of the complaint shall be presented at the hearing by the office of human rights, which may be represented by the prosecuting attorney: PROVIDED, That the complainant may retain independent counsel and submit testimony and be fully heard. No member or employee of the office who previously made the investigation or caused the notice to be issued shall participate in the deliberations of the hearing examiner. Any endeavors or negotiations for conciliation shall not be received in evidence. (3) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. The respondent shall have the right to cross-examine the complainant. (4) The hearing examiner may permit reasonable amendment to any complaint or answer. The hearing examiner may issue subpoenas and may enter protective orders as provided by rule. Testimony taken at the hearing shall be under oath and recorded. (5) If, upon all the evidence, the hearing examiner finds that the respondent has engaged in unlawful discrimination within the meaning of this chapter, the examiner shall state findings of fact and shall issue and file with the office of human rights and cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful discrimination and to take such affirmative action, including, but not limited to, hiring, reinstatement or upgrading of employees, with or without back pay, an admission or restoration to full membership rights in any respondent organization, or to take such other action as, in the judgment of the examiner, will effectuate the purposes of this chapter, including action that could be ordered by a court, except that damages for humiliation and mental suffering shall not exceed twenty thousand dollars, and including a requirement for report of the matter on compliance. Relief available for violations of SCC 2.460.130-2.460.140 shall be limited to the relief specified in SCC 2.460.150. (6) The final order of the hearing examiner shall include a notice to the parties of the right to obtain judicial review of the order by appeal in accordance with the provisions of SCC 2.02.195 and 2.460.250. (7) If, upon all the evidence, the hearing examiner finds that the respondent has not engaged in any alleged unlawful discrimination within the meaning of this chapter, the examiner shall state findings of fact and shall similarly issue and file an order dismissing the complaint. (8) An order dismissing a complaint may include an award of reasonable attorneys' fees in favor of the respondent if the hearing examiner concludes that the complaint was frivolous, unreasonable, or groundless. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.240 Enforcement of orders of hearing examiner. (1) The office of human rights or any person entitled to relief under a final order may petition the superior court for the enforcement of any final order issued by the hearing examiner under SCC 2.460.230 which is not complied with and for appropriate temporary relief or a restraining order, and shall certify and file in court the final order sought to be enforced. The office of human rights or person entitled to relief under a final order shall cause a notice of the petition to be served upon all parties as provided by law. (2) From the time the petition is filed, the superior court shall have jurisdiction over the proceedings and shall have the power to grant such temporary relief or restraining order as it deems just and suitable. (4) If the petition shows that there is a final order issued by the hearing examiner under SCC 2.460.230 and that the order has not been complied with in whole or in part, the superior court shall issue an order directing the person who is alleged to have not complied with the administrative order to appear in court at a time designated in the order and show cause why the administrative order should not be enforced according to its terms. The office of human rights or any person entitled to relief under any final order shall immediately serve the noncomplying party with a copy of the court order and the petition. (5) The administrative order shall be enforced by the court if the person does not appear, or if the person appears and the court finds that: (a) The order is regular on its face; (b) The order has not been complied with; and (c) The person's answer discloses no valid reason why the order should not be enforced, or that the reason given in the person's answer could have been raised by review under SCC 2.02.195 and 2.460.250, and the person has given no valid excuse for failing to use that remedy. (6) The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to appellate review. The review shall be taken and prosecuted in the same manner and form and with the same effect as is provided in other cases. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.250 Appeal from orders of hearing examiner. Any respondent or complainant, including the office of human rights, aggrieved by a final order issued by the hearing examiner under SCC 2.460.230 may obtain judicial review of such order as provided in SCC 2.02.195. From the time an action seeking review is filed, the court has jurisdiction to grant to any party such temporary relief or restraining order as it deems just and suitable. If the court affirms the order, it shall enter a judgment and decree enforcing the order as affirmed. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.260 Relation to other laws.

(1) This chapter is adopted pursuant to RCW 49.60.330 to provide additional administrative and judicial remedies for certain forms of discrimination that are proscribed by the state law against discrimination, chapter 49.60 RCW. (2) No complainant may secure relief under this chapter if relief has been granted or proceedings are continuing in any federal agency, court, or state or local instrumentality, unless such proceeding have been deferred pending action under this chapter. Except as provided in SCC 2.460.190, SCC 1.01.100 shall not apply to violations of this chapter. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.270 Short title. This chapter may be known and cited as the "Snohomish county human rights ordinance." (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.280 Sunset. This chapter is repealed effective on the date six years following enactment (June 22, 2016) unless reenacted prior to that date as provided in section 2.115 of the county charter. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

2.460.290 Implementation to be phased. (1) This chapter shall be implemented in two phases in order to accommodate county budget and staffing constraints. The first phase shall begin on the effective date of this ordinance. The second phase shall begin on the effective date of a separate ordinance that terminates the suspension imposed by SCC 2.460.050(4) and this section. (2) During the first phase the commission shall operate as provided in this chapter but the office of human rights shall not be created and its functions shall not be performed by the commission. Staff support for the commission shall be provided by the county executive using such staff under the supervision of the executive as the executive determines appropriate. Any person claiming to be aggrieved by alleged unlawful discrimination may file a complaint as described in SCC 2.460.210 with the executive. Promptly after receiving a complaint under this subsection the executive shall refer the complaint to the Washington state human rights commission for processing in accordance with chapter 49.60 RCW, which in this phase shall be the exclusive source of legal remedies. Copies of complaints filed after appointment and confirmation of all commission members shall also be filed with the commission. During this phase the commission may, if requested and supervised by the Washington state human rights commission and after such training or certification as the Washington state human rights commission determines appropriate, endeavor to investigate and resolve complaints by conference, conciliation, and persuasion; PROVIDED, That the commission shall first obtain the consent of the complainant and respondent, and may not compel the complainant or respondent to attend, provide documents, or participate in such investigation, conference, conciliation, or persuasion, or agree to a particular resolution. The commission may refer information obtained during the first phase to the Washington state human rights commission. (3) During the second phase the commission and the office of human rights shall operate as provided in this chapter, except that the office of human rights may refer complaints to the Washington state human rights commission until such time as the office acquires sufficient staff resources and adopts necessary rules that enable it to fully discharge its responsibilities under this chapter. The office of human rights will thereafter process complaints in accordance with the procedures set out in SCC 2.460.210-2.460.240. (4) All decisions relating to the investigation of complaints and enforcement of this chapter shall be made by the office of human rights under the supervision of the county executive, except that nothing in this chapter shall prevent the commission from reviewing complaints and providing advice pursuant to SCC 2.460.030 or this section. (Added Amended Ord. 10-021, June 7, 2010, Eff date Aug. 21, 2010)

Chapter 2.500 DEPARTMENT OF SUPPORT SERVICES

Repealed by Ord. 07-121 on November 19, 2007, Eff date December 17, 2007.

Chapter 2.550 DISPUTE RESOLUTION CENTER

2.550.010 Snohomish county dispute resolution program is authorized.

There shall be established a Snohomish county dispute resolution program to provide mediation services for the citizens of Snohomish county, as authorized by chapter 7.75 RCW. (Added Ord. 87-020, April 15, 1987).

2.550.020 Contracting for program operator authorized. The executive may contract with another municipality or a nonprofit corporation meeting the requirements of chapter 7.75 RCW and this chapter to operate the Snohomish county dispute resolution center. Any such contract shall be submitted to the council for its approval. Prior to proposing such a contract for the operation of the dispute resolution center, the other municipality or nonprofit corporation shall have received approval by the council of a plan meeting the requirements of RCW 7.75.020. (Added Ord. 87-020, April 15, 1987).

2.550.030 Services to be provided without charge or for fee based upon ability to pay.

A dispute resolution center established under this chapter shall provide dispute resolution services either without charge to the participants or for a fee which is based upon the applicant's ability to pay. (Added Ord. 87-020, April 15, 1987).

2.550.040 Dispute resolution agreements required.

(1) In conducting a dispute resolution process, a center established under this chapter shall require:

(a) That the disputing parties enter into a written agreement which expresses the method by which they shall attempt to resolve the issues in dispute; and

(b) That at the conclusion of the dispute resolution process, the parties enter into a written agreement which sets forth the settlement of the issues and the future responsibilities, if any, of each party.

(2) A written agreement entered into with the assistance of the center at the conclusion of the written dispute resolution process is admissible as evidence in any judicial or administrative proceeding. (Added Ord. 87-020, April 15, 1987).

2.550.050 Confidentiality of center's files, etc.

All memoranda, work notes or products, or case files of the center established under this chapter shall not be considered public records as defined in chapter 42.17 RCW and are confidential and privileged and are not subject to disclosure in any judicial or administrative proceeding unless the court or administrative tribunal determines that the materials were submitted by a participant to the center for the purpose of avoiding discovery of the material in a subsequent proceeding. Any communication relating to the subject matter of the resolution made during the resolution process by any participant, mediator, or any other person is a privileged communication and is not subject to disclosure in any judicial or administrative proceeding unless all parties to the communication waive the privilege. The foregoing privilege and limitation on evidentiary use does not apply to any communication of a threat that injury or damage may be inflicted on any person or on the property of a party to the dispute, to the extent the communication may be relevant evidence in a criminal matter. (Added Ord. 87-020, April 15, 1987).

2.550.060 District court filing fee surcharges.

A surcharge of $10.00 is hereby imposed upon the filing fee for civil actions in district courts established by RCW 3.62.060. A surcharge of $15.00 is hereby imposed upon the filing fee for small claims in district courts established by RCW 12.40.020. (Added Ord. 90-077 (Amended), June 20, 1990; Amended Ord. 07-082, Sept. 5, 2007, Eff date Oct. 1, 2007). 2.550.070 Collection of surcharges.

The surcharges imposed by SCC 2.550.060 shall be collected by the clerk of each district court where a civil or small claims filing occurs. Surcharges so collected shall be remitted to the county treasurer for deposit in a separate account to be used solely for dispute resolution centers established under this chapter. (Added Ord. 90-077 (Amended), June 20, 1990).

Chapter 2.600 DEPARTMENT OF HUMAN RESOURCES

2.600.010 Creation and purpose.

There is hereby established a Snohomish county human resources department. It shall be the purpose of the department to provide and administer, subject to local, state, and federal law, a professional system of human resources management for county employees through the development, communication and reasoned application of policies, rules and procedures and by selection and implementation of programs which improve the effectiveness and efficiency of the county's human resources. (Ord. 82-074 § 1, adopted Aug. 11, 1982; Amended Ord. 85-097, September 25, 1985; Amended Ord. 94-050, § 1, July 6, 1994).

2.600.020 Definitions.

(1) "Council" means the Snohomish county council.

(2) "Executive" means the Snohomish county executive.

(3) "County human resources system" means those statements of policy and procedure contained in Title 3A SCC or its successor, and in executive orders, policies, rules and procedures, and training.

(4) "Exempt employee system" means the conditions of employment for personnel exempt from the county human resources system as specified by chapter 3.68 SCC, and amendments.

(5) "Department" means the Snohomish county human resources department.

(6) "Director" means the director of the department of human resources or his/her designee. (Ord. 82-074 § 1, adopted Aug. 11, 1982; Amended Ord. 85-097, September 25, 1985; Amended Ord. 94-050, § 1, July 6, 1994).

2.600.030 Authority.

The department of human resources shall have the authority for administration of the Snohomish county human resources system in accordance with its rules, federal and state law and the rules of any regulatory agency with assigned jurisdiction. The department's scope of authority shall include but not be limited to the following functional areas:

(1) Employment services, as limited by SCC 2.600.060(1);

(2) Training; (3) Classification;

(4) Pay administration;

(5) Employee benefits;

(6) Employee relations;

(7) Labor negotiations;

(8) Employee records and information; and

(9) Staff support to human resources boards. (Ord. 82-074 § 1, adopted Aug. 11, 1982; Amended Ord. 85-097, September 25, 1985; Amended Ord. 94-050, § 1, July 6, 1994; Ord. 04-115, Nov. 22, 2004, Eff. date Jan. 1, 2005; Ord. 04-141, Jan. 19, 2005, Eff. Date Jan. 31, 2005).

2.600.040 Director.

(1) The director of the department of human resources shall be the administrative head of the department, and shall be supervised by the county executive. The director shall prepare and submit to the executive annual budget estimates for the department as provided in SCC 4.26.030. The director shall appoint all officers and employees of the department in accordance with the rules of the county human resources system.

(2) The director at his/her discretion may create temporary advisory committees for the purpose of enabling employees and management to provide input and/or to participate in the development or administration of programmatic elements. The director shall have sole authority over the makeup and duration of such committees. (Ord. 82-074 § 1, adopted Aug. 11, 1982; Amended Ord. 85-097, September 25, 1985; Amended Ord. 94-050, § 1, July 6, 1994; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007).

2.600.050 Appointment of director.

The director shall be appointed by the executive subject to confirmation by the county council. He/she shall serve at the pleasure of the executive and shall be a member of the county exempt employee system. (Ord. 82-074 § 1, adopted Aug. 11, 1982; Amended Ord. 85-097, September 25, 1987; Amended Ord. 94-050, § 1, July 6, 1994).

2.600.060 Functions.

(1) Employment Services. The department shall act in an advisory capacity to departments regarding the processes of filling county position vacancies and determining and performing the necessary recruitment, application, examination and certification practices. These processes are subject to applicable laws and collective bargaining agreements.

(2) Training. The department in conjunction with county department heads shall assess the training needs of county employees and recommend programs, seminars, educational courses or other activities which can improve employee job performance or prepare the employee for advancement. Curriculum, course content development, instructor and participant selection and scheduling and funding recommendations shall be included in this function.

(3) Classification. The department will develop and maintain a system of classification. The department's intention is to place positions with similar duties and responsibilities in the same class using the same descriptive title, salary schedule and qualifications for employment. Classifications shall be organized into a plan and the department will carry out periodic reviews to determine necessary combination, abolishment or revision of class specifications or the establishment of new classes to reflect organizational changes.

(4) Pay Administration. The department shall prepare and submit an annual pay plan for council approval which shall establish the official rate of pay for each position in county employment. The pay plan will provide for the assignment of each position to a pay range which takes into account the prevailing rate of pay for such work, considering the availability of funds, and shall be administered in accordance with rules and procedures adopted as a part of the human resources system, exempt employee system and collective bargaining agreements.

(5) Employee Benefits. Employee benefits shall consist of all non-salary perquisites determined by the county to be necessary as a portion of total compensation to attract and retain qualified employees. The department may recommend additions, deletions and other adjustments to maintain benefits which are equivalent to those provided by comparable public and private employers considering the availability of funds and the makeup and desires of the workforce. Employee benefits include, but are not limited to, paid and unpaid leave provisions; insurance-based programs; monetary or nonmonetary awards and incentives; and savings, investment or other thrift programs.

(6) Employee Relations. The department shall promote positive employee relations through all of its administrative and program efforts. Important areas of emphasis shall include: development of necessary rules and procedures covering all human resources management responsibilities; communication of such rules and procedures and thorough training in their use; provision of a system for evaluating employee performance, correcting poor performance and recognizing excellent accomplishments; prompt investigation and resolution of complaints and grievances; encouragement and serious consideration of employee ideas to improve the quality of their work life; referrals for assistance, advice and counsel relative to any personal problems or concerns which may negatively affect the employment relationship.

(7) Labor Negotiations. The department shall lead and direct the conduct of labor negotiations in accordance with policy guidelines established by the executive and council.

(8) Employee Records and Information. The department shall maintain central employee records and personnel information systems which shall be the official county record of all personnel actions and the employment history of each employee. Records and other information shall be confidential and maintained in accordance with state law.

(9) Staff Support to Human Resources Boards. The department shall provide secretarial and other staff support to the law enforcement officers and firefighters (LEOFF) disability board and to any other human resources boards which may be created for the purpose of performing or reviewing functions which are assigned under this chapter to the human resources department. (Ord. 82-074 § 1, adopted Aug. 11, 1982; Amended Ord. 85-097, September 25, 1985; Amended Ord. 94-050, § 1, July 6, 1994; Ord. 04-115, Nov. 22, 2004, Eff. date Jan. 1, 2005; Ord. 04-141, Jan. 19, 2005, Eff date Jan. 31, 2005).

2.600.070 Organization by director. Subject to the approval of the executive, the director may create divisions and sections, and may reassign positions and functions within the department; PROVIDED That appropriate budget and personnel transfers are made with executive and council approval. (Ord. 82-074 § 1, adopted Aug. 11, 1982; Amended Ord. 85-097, September 25, 1985; Amended Ord. 94-050, § 1, July 6, 1994).

2.600.080 Severability.

If any provision of this chapter is held invalid, the remainder of the chapter shall not be affected. (Ord. 82-074 § 1, adopted Aug. 11, 1982; Amended Ord. 85-097, September 25, 1985; Amended Ord. 94-050, § 1, July 6, 1994).

Chapter 2.650 FAMILY SERVICES

2.650.010 Marriage license surcharge.

A surcharge of $15.00 is hereby imposed upon the license fee for each marriage license as authorized in RCW 26.04.160 as amended by chapter 451 of the laws of 1993. (Added Ord. 93-059, July 26, 1993, Eff date Aug. 9, 1993).

2.650.020 Collection of surcharges.

The surcharge imposed by SCC 2.650.010 shall be collected by the auditor. Surcharges so collected shall be remitted to the county treasurer for deposit in a separate account. (Added Ord. 93-059, July 26, 1993, Eff date Aug. 9, 1993).

2.650.030 Use of surcharges collected.

The funds collected through the surcharge imposed by SCC 2.650.010 shall be used solely for family services. The department of human services is authorized to contract with one or more family support centers to provide such family services. As used in this section, the terms "family services" and "family support centers" shall have the following meanings:

(1) "Family services" shall include, but not be limited to, services such as:

(a) Resource information and referral;

(b) Parenting classes;

(d) Child development activities;

(e) Health screening;

(f) Educational activities; (g) Social and recreational activities with a child or family focus;

(h) Support and discussion groups;

(i) Outreach services.

(2) "Family support centers" shall refer to community based, non-profit centers whose focus is on providing family services. (Added Ord. 93-059, July 26, 1993, Eff date Aug. 9, 1993).

Chapter 2.700 OFFICE OF COUNTY PERFORMANCE AUDITOR

2.700.005 Definitions.

In this chapter, unless the context clearly requires otherwise,

(1) "Council" means the Snohomish County Council.

(2) "Audit plan" means a plan developed in consultation with the committee that outlines what departments and/or programs will be scheduled for a performance audit in any given calendar year.

(3) "Audit report" means a report prepared by the office reporting the results of a performance audit conducted under this chapter.

(4) "Committee" means the performance audit committee established by SCC 2.700.040.

(5) "Department" means all executive departments established pursuant to the Snohomish County Charter and all county elected officials except the judges of the district and superior courts.

(6) "Office" means the office of county performance auditor established by this chapter.

(7) "Government auditing standards for performance audits" means the standards for performance audits contained in the document "Government Auditing Standards" published by the Comptroller General of the United States, Government Accountability Office, as revised.

(8) "Peer review" means a review conducted in accordance with guidelines for external peer review contained in government auditing standards for performance auditing.

(9) "Performance audit" means an objective and systematic assessment of program efficiency, effectiveness and economy in its stewardship of public funds. It is the qualitative nature of performance auditing and the opportunities identified in the process to improve management and service delivery that distinguishes this activity from traditional financial audits.

(10) "Program" means a distinct operational activity which is funded by the county.

(Ord. 97-061, § 1, July 9, 1997, Eff date July 20, 1997; Ord. 02-038, September 4, 2002, Eff date January 1, 2003; Ord. 05-093, Sept. 14, 2005; Eff date Oct. 1, 2005; Amended Ord. 07-049, June 6, 2007, Eff date July 1, 2007). 2.700.010 Office established -- Independence.

(1) The office of county performance auditor is hereby established in the legislative branch in accordance with Section 2.150 of the Snohomish County Charter for the purpose of reviewing, evaluating, and reporting on the integrity of the county's financial management system, the accuracy of financial recordkeeping, compliance with applicable laws, policies, guidelines and procedures, and the efficiency and effectiveness of operations and programs.

(2) The performance auditor shall be appointed by majority vote of the county council to a term of four years unless removed by the county council. A person must have appropriate professional credentials to be eligible for appointment. The performance auditor may be removed from office for cause by the affirmative vote of a majority of the council.

(3) The office of county performance auditor may be staffed by one or more county employees or independent contractors, provided that any professional county employees within the office will be subject to the management and exempt employees compensation plan provided for in chapter 3.69 SCC and will be paid in accordance with SCC 3.69.040. Staffing of the office will be determined by the county council.

(4) The office will adhere to generally accepted government auditing standards for performance audits in conducting its work and will function independently, subject to administrative direction by the council chairperson or chief of staff, as provided therein.

(Ord. 97-061, § 1, July 9, 1997, Eff date July 20, 1997; Ord. 02-038, September 4, 2002, Eff date January 1, 2003; Amended Ord. 07-049, June 6, 2007, Eff date July 1, 2007; Amended by Ord. 12-015, Apr. 4, 2012, Eff date Apr. 21, 2012).

2.700.020 Authority -- Scope of audits.

(1) The office of county performance auditor shall conduct performance or financial audits and/or studies as determined by the county council to independently determine whether:

(a) Activities and programs being implemented have been authorized by county charter, county code, county policy, or applicable state or federal law or regulations;

(b) Activities and programs are being conducted in a manner calculated to accomplish the objectives intended by county charter, county code, county policy, or applicable state or federal law or regulations;

(c) Activities and programs are performing efficiently, effectively, and economically when compared against objective criteria;

(d) Management has established, implemented, and adhered to adequate internal controls.

(e) Other criteria specified in the annual audit plan are satisfied.

(2) All performance audits shall be conducted in accordance with government auditing standards for performance audits. This chapter shall not be applied to require disclosure of information that is privileged or otherwise exempt from public disclosure. (Ord. 97-061, § 1, July 9, 1997, Eff date July 20, 1997; Ord. 02-038, September 4, 2002, Eff date January 1, 2003; Ord. 05-093, Sept. 14, 2005, Eff date Oct. 1, 2005; Amended Ord. 07-049, June 6, 2007, Eff date July 1, 2007).

2.700.030 Annual audit plan.

(1) On or before December 31 of each year the performance auditor shall prepare an annual audit plan for the following year in consultation with the performance audit committee and submit the plan for approval by the county council acting by motion. The council may amend the annual audit plan at any time after review and comment by the committee. Final authority for selection of audit areas shall reside with the council.

(2) In the selection of audit areas, the determination of audit scope, and the timing of audit work, the performance auditor shall consult with appropriate federal, state, and independent auditors so that audit efforts are properly coordinated and unnecessary duplication is avoided, and to promote collaboration where appropriate. (Ord. 97-061, § 1, July 9, 1997, Eff date July 20, 1997; Ord. 02-038, September 4, 2002, Eff date January 1, 2003; Ord. 05-093, Sept. 14, 2005; Eff date Oct. 1, 2005; Amended Ord. 07-049, June 6, 2007, Eff date July 1, 2007).

2.700.035 Coordination of County Auditing Efforts

In order to best coordinate auditing efforts across the county and assure that the annual audit plan is appropriate, and avoids redundancy, the chief of staff of the county council, all county elected officials except the judges of the superior and district courts, and all executive departments shall submit the following to the performance auditor:

(1) Prior to initiating such services, written notification of any proposal to retain the services of external auditors or consultants to do audit or program evaluation work;

(2) Complete copies of resulting audit or consultant reports within 30 days of completion of such reports. (Added Ord. 05-093, Sept. 14, 2005, Eff date Oct. 1, 2005; Amended Ord. 07-049, June 6, 2007, Eff date July 1, 2007)

2.700.040 Performance auditing committee.

(1) A performance auditing committee is hereby established and shall be comprised of eight members, consisting of the chairperson of the county council or a member of the council as designated by the chairperson and seven appointed members. Of the seven appointed members of the committee, two members shall be appointed by the executive and five members shall be appointed by the county council. Council appointees shall be nominated by each council member, and not by any other council member, and confirmed by the council so that each council district is represented by at least one member of the committee. All appointed members shall be residents of the county and shall have backgrounds that demonstrate knowledge and/or experience that would be beneficial in carrying out the tasks of the committee. The terms of appointed members shall be for three years, subject to a limit of two consecutive three year terms, except that the term of a council appointee shall terminate when the nominating council member leaves office. A vacancy of an appointed member occurring during a term of office shall be filled by appointment in accordance with this section for the remainder of the unexpired term. (2) The performance audit committee shall, at a minimum,

(a) Advise the performance auditor on the development of the annual audit plan;

(b) Review the audit process to provide input to the performance auditor on improvements and/or changes in the process and/or procedures used by the office in carrying out the annual audit plan; and

(c) Review final audit reports to provide input to the performance auditor regarding whether procedures for issuance of the reports have been followed.

(3) The chairperson of the county council or the chairperson's designee shall serve as chairperson of the performance audit committee. The performance auditor shall provide staff support to the committee. (Ord. 97-061, § 1, July 9, 1997, Eff date July 20, 1997; Ord. 02-038, September 4, 2002, Eff date January 1, 2003; Ord. 05-093, Sept. 14, 2005, Eff date Oct. 1, 2005; Amended Ord. 07-015, March 21, 2007, Eff date April 7, 2007; Amended Ord. 07-049, June 6, 2007, Eff date July 1, 2007). (Added Ord. 02-038, September 4, 2002, Eff date January 1, 2003; *Amended Ord. 07-049, June 6, 2007, Eff date July 1, 2007 repealed 2.700.045)

2.700.050 Access to records and property.

(1) All county officers and employees shall furnish the office of county performance auditor with requested information and records in their custody relating to a performance audit unless disclosure to the office would be contrary to federal, state, or local law. In addition, they shall provide access for the office to inspect property, equipment, and facilities in their custody for the purpose of a performance audit. Except to the extent that disclosure of information or records to the office would be contrary to federal, state, or local law, all county officers and employees shall cooperate fully in interviews conducted by the office in the course of a performance audit.

(2) The office of county performance auditor shall give confidential information the same level of protection that is required of the audited department. The performance auditor may enter into a data sharing or confidentiality agreement with the head of an audited department to protect confidential information from unauthorized disclosure. In responding to a request for disclosure of public records the performance auditor shall redact items that are exempt from disclosure as determined pursuant to chapter 2.51 SCC. (Ord. 97-061, § 1, July 9, 1997, Eff date July 20, 1997; Ord. 02-038, September 4, 2002, Eff date January 1, 2003; Amended Ord. 07-049, June 6, 2007, Eff date July 1, 2007).

2.700.060 Department/program response.

A final draft of each audit report shall be furnished to the audited elected official or department and/or program manager for review and comment before a final audit report is issued. The elected official or department and/or program manager must respond in writing stating agreement with the audit findings and recommendations or stating reasons for disagreement with the findings and/or recommendations, and setting out plans to solve problems identified in the draft audit report and a timetable for their implementation. The response must be furnished to the office of county performance auditor within a reasonable time frame specified by the performance auditor. The final audit report must contain the full text of the response. Implementation of solutions to problems identified in the draft audit report that require additional funding shall be contingent upon approval of the additional funding by the county council. (Ord. 97-061, § 1, July 9, 1997, Eff date July 20, 1997; Ord. 02-038, September 4, 2002, Eff date January 1, 2003; Amended Ord. 07-049, June 6, 2007, Eff date July 1, 2007).

2.700.070 Audit reports.

Each audit will result in a written audit report. Audit reports can range from a memorandum to a full report depending on the scope determined for each project. Each audit report will be submitted to the county council, the county executive, the audited department and other interested persons upon request. The performance auditor will forward copies of the audit report to the committee and record the reports with the county auditor's recording division. Each full audit report shall contain at a minimum the following information:

(1) A statement of audit objectives and a description of the audit scope and methodology;

(2) A statement that the audit was performed in accordance with government auditing standards for performance audits or a statement describing how it does not conform to those standards;

(3) A description of all significant instances of non-compliance with policies and program parameters found during or in connection with the audit;

(4) A full discussion of audit findings and conclusions, including any significant control weaknesses found, the cause of problem areas and recommendations for necessary or desirable action;

(5) Pertinent views of responsible officials concerning audit findings, conclusions and recommendations as recorded in the full text of responses furnished pursuant to SCC 2.700.060;

(6) A listing of any significant issues needing further study and consideration; and

(7) A description of noteworthy accomplishments of the audited elected official, department and/or program.

2.700.080 Peer review.

(1) The office of county performance auditor shall be subject to peer review as required by government auditing standards for performance audits. A copy of the written report of any peer review shall be furnished to the committee and to the council chief of staff. In addition, the report shall be recorded in the county auditor's recording division.

(2) The peer review will evaluate compliance with government auditing standards for performance auditing and the quality of audit effort and reporting. Specific peer review areas shall include staff qualifications, adequacy of planning and supervision, sufficiency of work paper preparation and evidence, and the adequacy of systems for reviewing internal controls, fraud and abuse, program compliance, performance compliance and automated systems. The peer review will also assess the form, distribution, timelines, content, and presentation of audit reports. The cost of peer review will be paid from funds budgeted for the office. (Ord. 97-061, § 1, July 9, 1997, Eff date July 20, 1997; Ord. 02-038, September 4, 2002, Eff date January 1, 2003; Ord. 05-093, Sept. 14, 2005, Eff date Oct. 1, 2005; Amended Ord. 07-049, June 6, 2007, Eff date July 1, 2007). 2.700.090 Office budget.

A proposed budget for the office of county performance auditor will be developed by the council chief of staff, after consultation with the performance auditor, and submitted to the council chairperson. The chairperson shall incorporate the proposed budget into the county budget process provided for in chapter 4.26 SCC in such manner and with such changes as the chairperson deems appropriate. (Ord. 97-061, § 1, July 9, 1997, Eff date July 20, 1997; Ord. 02-038, September 4, 2002, Eff date January 1, 2003; Ord. 05-093, Sept. 14, 2005, Eff date Oct. 1, 2005; Amended Ord 07-049, June 6, 2007, Eff date July 1, 2007; Amended by Ord. 12-015, Apr. 4, 2012, Eff date Apr. 21, 2012)

Code Reviser Note: Pursuant to Section 18. of Amended Ord. 07-049 adopted on June 8, 2007 and effective on July 1, 2007, Chapter 2.700 SCC is repealed on June 8, 2013 unless re-enacted prior to that date.

Chapter 2.800 MARINE RESOURCES ADVISORY COMMITTEE

2.800.010 Advisory committee established.

The Snohomish county marine resources advisory committee is hereby established as an advisory body to the county council and executive. (Added Ord. 04-091, Sept. 22, 2004, Eff. date Oct. 2, 2004; Reenacted by Amended Ord. 09-090, Sept. 2, 2009, Eff date Sept. 18, 2009)

2.800.020 Purpose.

The purpose of the marine resources advisory committee is to address local marine issues and recommend remedial actions to the council, executive and, where requested by the council or executive, to other local governmental entities and tribes, guided by sound science and the needs of the marine ecosystem. (Added Ord. 04-091, Sept. 22, 2004, Eff. date Oct. 2, 2004; Reenacted by Amended Ord. 09-090, Sept. 2, 2009, Eff date Sept. 18, 2009)

2.800.030 Duties and responsibilities.

(1) The marine resources advisory committee shall serve in an advisory role to the county council and executive on one or more of the following matters, as requested:

(a) Achieving a net gain in highly ecologically productive nearshore, inter-tidal and estuarine habitat within the county, as well as preventing significant loss of existing, high-value habitat;

(b) Achieving a net reduction in the number of shellfish harvest areas within the county closed due to contamination;

(c) Contributing to measurable increases in factors supporting bottom fish recovery (such as rockfish), including numbers of fish of broodstock size and age, average fish size, and abundance of prey species, as well as sufficient amounts and quality of protected habitat;

(d) Contributing to increases in other key marine indicator species;

(e) Identifying the local implications, needs and possible strategies associated with the recovery of Puget Sound salmonids listed under the Endangered Species Act in concert with federal, state and local governmental entities and tribes;

(f) Identifying and recommending local candidate sites for designation as marine protection areas (MPAs), consistent with a scientifically-based regional system of MPAs;

(g) Building public awareness on such issues as the link between healthy marine habitat and healthy resources and how MPAs can play an important role in habitat and resource protection;

(h) Working with the federal, state and local governmental entities and tribes to help map, assess, and protect nearshore habitat and prevent harm from upland and shoreline activities through local and state regulations and planning efforts;

(i) Creating and maintaining a scientific database on marine resources, including a scientific baseline, common protocols, a unified geographic information system (GIS) and shared ecosystem assessments and research;

(j) Providing assistance to federal, state and local governmental entities and tribes in assessing the status of marine resources and factors of their decline;

(k) Identifying, prioritizing and recommending current and future remedial measures;

(l) Working with local government leaders to implement local marine conservation and restoration initiatives; and

(m) Coordinating with the Northwest Straits Commission on marine ecosystem objectives.

(2) The marine resources advisory committee may collaborate with and assist county agencies in preparing, reviewing, prioritizing and recommending grant applications to the Northwest Straits Commission prior to submittal. The marine resources advisory committee may also collaborate with county agencies to develop grant applications to federal, state and local entities and tribes to address local marine issues.

(3) The marine resources advisory committee shall report annually to the county council and executive on its activities and progress in achieving its goals. (Added Ord. 04-091, Sept. 22, 2004, Eff. date Oct. 2, 2004; Reenacted and amended by Amended Ord. 09-090, Sept. 2, 2009, Eff date Sept. 18, 2009; Re-enacted and amended by Amended Ord. 09-090, Sept. 2, 2009, Eff date Sept. 18, 2009)

2.800.040 Membership.

(1) Chapter 2.03 SCC shall govern membership on the marine resources advisory committee, provided that candidates for appointment may be recommended by the executive or individual council members, subject to appointment by the county council. The marine resources advisory committee shall annually elect a chairperson by simple majority vote. The marine resources advisory committee shall establish bylaws and a regular meeting schedule. The county executive may provide staff support to the committee to the extent that the executive deems appropriate.

(2) The marine resources advisory committee shall be composed of no more than thirteen members with balanced representation from individuals with relevant experience or scientific expertise representing:

(a) local governments;

(b) affected economic interests;

(d) local tribal governments; and

(e) no more than two citizens at large. (Added Ord. 04-091, Sept. 22, 2004, Eff. date Oct. 2, 2004; Reenacted and amended by Amended Ord. 09-090, Sept. 2, 2009, Eff date Sept. 18, 2009))

2.800.050 Terms.

All positions shall serve three-year terms, except for the initial terms which shall be established by ordinance. A member shall not serve more than three consecutive terms on the committee. (Added Ord. 04-091, Sept. 22, 2004, Eff. date Oct. 2, 2004; Reenacted and amended by Amended Ord. 09-090, Sept. 2, 2009, Eff date Sept. 18, 2009)

2.800.060 Vacancies.

A vacancy occurring as a result of an expired term shall be filled as provided by Chapter 2.03 SCC. Vacancies occurring for any reason other than the expiration of a term of office shall be filled by appointment of the county council for the duration of the unexpired term of the office being filled. (Added Ord. 04-091, Sept. 22, 2004, Eff. date Oct. 2, 2004; Reenacted by Amended Ord. 09-090, Sept. 2, 2009, Eff date Sept. 18, 2009)

2.800.900 Sunset. This chapter is repealed effective on the date five years following reenactment (September 2, 2014) unless reenacted prior to that date, as provided in Snohomish County Charter Section 2.115. (Added by Amended Ord. 09-090, Sept. 2, 2009, Eff date Sept. 18, 2009)

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