Drafter
Clerk 10/28/2025
Title
A RULE AND REGULATION relating to the membership of the King County Board of Health; amending R&R 1, Amendment Section 2, as amended, and BOH 2.04.020 and R&R 09-04, Section 8, as amended, and BOH 2.04.165 and prescribing an effective date.
Body
STATEMENT OF FACTS:
1. Created in 2004 in accordance with state law, the King County Board of Health sets countywide public health policy, enacts and enforces local public health regulations and carries out the duties of local boards of health as specified in RCW 70.05.060 including preventing and controlling the spread of infectious disease, abating nuisances and establishing fee schedules for licenses and permits.
2. In May 2025, Engrossed Second Substitute House Bill 1946 was signed into law as Chapter 260, Laws of Washington 2025, clarifying tribal membership on local boards of health. Chapter 260, Laws of Washington 2025 requires that the membership of the King County Board of Health be modified to include a tribal representative from any federally recognized tribe whose reservation or trust lands are within the county; and any urban Indian organization recognized by the Indian health service, registered as a 501(c)(3) organization in Washington that serves American Indian and Alaska Native people, and is providing services within the county. Those changes to state law go into effect on July 27, 2026.
3. Additionally, Chapter 260, Laws of Washington 2025 requires the Washington state Board of Health to clarify its local board of health composition rules and timelines for including tribal representation on local boards of health in chapter 246-90 WAC. The new rules are expected to be effective by July 27, 2026.
4. The King County Board of Health administrator reached out to the eligible tribes and 501(c)(3) organization including the Snoqualmie Tribe, the Muckleshoot Tribe, and the Seattle Indian Health Board, on August 11, 2025, in order to create the new board positions for tribal members to begin their terms on January 1, 2026, to provide an opportunity for the new members to join the board before the effective date of Chapter 260, Laws of Washington 2025.
5. On October X, 2025, the King County council adopted Ordinance XXXXX (Proposed Ordinance 2025-0284) to amend King County Code and conform the membership of the board to the new state law as described in subsections 2 and 3 of this statement of facts.
BE IT ADOPTED BY THE KING COUNTY BOARD OF HEALTH:
SECTION 1. R&R 1, Amendment Section 2, as amended, and BOH 2.04.020 are hereby amended to read as follows:
A. Consistent with K.C.C. 2.35.021, the Board of Health shall have a total of ((sixteen)) twenty members. All ((sixteen)) twenty members shall be equal voting members except on matters related to the setting or modification of permit, licensing and application fees. Any decision related to the setting or modification of permit, licensing and application fees may only be determined by the city and county elected officials on the board in accordance with RCW 70.05.035.
B. Consistent with K.C.C. 2.35.021A. 1. through 3., the Board of Health shall consist of the following members:
1. ((Three)) Four regular and one alternate member shall be members of the metropolitan King County council who are appointed by the chair of the council.
2. Three regular and one alternate member shall be elected officials of the city of Seattle who shall be appointed by the city;
3. ((Two)) Three regular and ((two)) three alternate members shall be elected officials from cities and towns of King County other than the city of Seattle to be appointed in a manner agreed to by and among the cities and towns representing a majority of the populations of those cities and towns; and
4.a. ((Eight)) Ten regular and ((four)) six alternate members shall be nonelected members, ((one of these regular members and one alternate member shall be tribal representative)) as described in RCW 70.05.035(1)(((e))) and K.C.C. 2.35.021.
b. Included among the nonelected board members shall be a representative from each tribe or 501(c)(3) organization meeting the qualifications of RCW 70.05.035(1)(e). Each representative shall have one alternate.
c. The remaining regular and alternate members shall be selected in accordance with the categories enumerated in RCW 70.050.035(1)(a).
C.1. All regular and alternate nonelected board members identified in BOH 2.04.020.B.4.c. shall be recruited in accordance with RCW 70.05.035, chapter 246-90 WAC and K. C. C. 2.35.021 and all shall be appointed by a majority of the King County council from those selected by the Board of Health.
2. The regular and alternate tribal representatives identified in BOH 2.04.020.B.4.b. shall be selected by ((the American Indian Health Commission of Washington State, and the remaining nonelected members shall be selected by the Board of Health)) each tribe and each qualifying 501(c)(3) organization.
((2.)) 3. Each of the three categories of nonelected members enumerated in RCW 70.05.035(1)(a) shall have one alternate each. An alternate shall only serve in place of a regular member from that category in the event of that regular member's absence.
D.((1.)) During a meeting, an alternate member shall indicate to the clerk when the alternate member is serving in a regular member's absence and the clerk shall note the alternate member's attendance in the proceedings and include the alternate member in any roll call. When serving in a regular member's absence, an alternate member shall act as a regular member.
((2.)) E.1. The board shall pass a resolution identifying the board's regular and alternate nonelected member candidate selections ((and the American Indian Health Commission's regular and alternate tribal representative selections)) identified in subsection B.4.c. of this section to be transmitted with the materials identified in K.C.C. chapter 2.35 for appointment.
2. Within thirty days of receiving information from each tribe or qualifying 501(c)(3) organization that selects a regular and alternative nonelected member under subsection C.2. of this section, the board should electronically file the information with the clerk, who shall retain a copy and provide an electronic copy to the councilmembers who are members of the Board of Health, in accordance with K.C.C. 2.35.024. The Board of Health must notify the American Indian Health Commission, in accordance with RCW 70.05.035.1.e., of the selections.
F.1. Consistent with K.C.C. 2.35.061, a boardmember((s)) may be reimbursed for mileage and parking expenses between the member's workplace or residence and the location of the ((b))Board of ((h))Health meeting. Members may also be reimbursed for expenses, in accordance with the policies established for county employees in K.C.C. chapter 3.24, when traveling on official ((b))Board of ((h))Health business.
((F.1)) 2. Nonelected members who are not being compensated for their participation on the board through their employer shall be compensated in accordance with K.C.C. 2.35.031.
((2.)) 3. Administrative processes to distribute the compensation described in this section shall be determined by executive staff.
G. Nonelected regular and alternate member terms shall be structured in accordance with K.C.C. 2.35.026.
SECTION 2. R&R 09-04, Section 8, as amended, and BOH 2.04.165 are hereby amended to read as follows:
A.1. ((Nine)) Eleven boardmembers shall constitute a quorum for board meetings except as provided in subsection F. of this ((rule)) section. A quorum is presumed to exist unless a member calls the quorum into question.
2. Nothing in this subsection shall be construed to waive or negate the requirements prescribed under subsections B., C., D., E., and F. of this section.
B.1. An affirmative vote of ((nine)) eleven members is required to adopt, amend or repeal a rule and regulation except as provided in subsection F. of this section. However, any repeal or amendment of an existing rule and regulation that was effective before January 1, 1996, that applies outside of the limits of the city of Seattle shall be adopted only by an affirmative vote of ((nine)) eleven members as well as an affirmative vote collectively of a majority of the represented votes of King County councilmembers and the suburban city members except as provided in subsection F. of this section.
2. Any amendment or repeal of an existing rule or regulation adopted by the board of health of the city of Seattle and effective before January 1, 1996, shall be adopted only by an affirmative vote of ((nine)) eleven members as well as an affirmative vote of a majority of the members appointed by the city of Seattle except as provided in subsection F. of this section.
C. An affirmative vote ((nine)) eleven of members is required to adopt, amend or repeal, guidelines and recommendations, resolutions or motions except as provided in subsection F. of this section.
D. A roll call vote shall be taken on final passage of any rule and regulation, guideline and recommendation and resolutions.
E. There will be no voting by proxy on any question before the board.
F. In accordance with RCW 70.05.035, any decision by the board related to the setting or modification of permit, licensing and application fees may only be determined by the city and county elected officials on the board described in BOH 2.04.020.B. As such, a quorum for meetings solely to decide any matter related to the fees described in this subsection shall be five of the members described in BOH 2.04.020.B. An affirmative vote of five members described in BOH 2.04.020.B. is required to adopt, amend or repeal legislation related to the fees described in BOH 2.04.020.A.
G.1. Members may participate in meetings of the full board in person, by telephone or by video conferencing.
2. Members who participate in meetings of the full board by telephone or video conferencing in accordance with subsection G.1. of this section shall be counted toward the quorum and shall retain their voting authority.
3. The clerk of the board, in consultation with the chair, shall establish authentication and operating procedures pertaining to appearance by telephone or video conferencing under subsection G.1. of this section, which must comply with all state and county laws regarding open public meetings.
SECTION 3. This rule takes effect January 1, 2026.
SECTION 4. 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.