Drafter
Clerk 02/01/2024
Title
AN ORDINANCE relating to county reports and making technical corrections; amending Ordinance 18793, Section 3, and K.C.C. 2.16.036, Ordinance 11984, Section 3, as amended, and K.C.C. 2.21.030, Ordinance 3631, Section 1, as amended, and K.C.C. 2.30.010, Ordinance 17699, Section 2, as amended, and K.C.C. 2.36.100, Ordinance 17652, Section 16, as amended, and K.C.C. 2.97.090, Ordinance 19008, Section 7, and K.C.C. 2.150.050, Ordinance 16682, Section 5, and KC.C. 2.200.040, Ordinance 12014, Section 18, as amended, and K.C.C. 3.12.180, Ordinance 14233, Section 7, as amended, and K.C.C. 3.15.140, Ordinance 12045, Section 20, as amended, and K.C.C. 4.56.035, Ordinance 17390, Section 1, as amended, and K.C.C. 4.56.300, Ordinance 680, Section 4, as amended, and K.C.C. 4A.100.100, Ordinance 12787, Section 6, as amended, and K.C.C. 12.16.175, Ordinance 12643, Section 23, as amended, and K.C.C. 28.94.265, Ordinance 13325, Section 3, as amended, Ordinance 18627, Section 1, as amended, and Ordinance 18628, Section 2, and repealing Ordinance 18840, Section 6, and K.C.C. 2.400.050, Ordinance 13257, Section 16, and K.C.C. 3.24.160, Ordinance 15805, Section 4, and Ordinance 19161, Section 4.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 18793, Section 3, and K.C.C. 2.16.036 are hereby amended to read as follows:
A. The department of human resources shall be responsible for the administration of the county personnel system in accordance with K.C.C. Title 3. The department shall manage and be fiscally responsible for the human resources services division, the career and culture division, and the central employee services division.
B. The duties of the department shall include:
1. Developing, administering, and monitoring human resources policy;
2. Developing, administering, and monitoring diversity management programs including equal employment opportunity affirmative action plan development and integration of equity and social justice concepts into plans and programs;
3. Advising the executive and council on overall county employment policies;
4. Developing and disseminating communications to employees regarding issues related to human resources; and
5. Providing labor relations training for county agencies, the executive, the council, and others, in collaboration with the office of labor relations.
C. The duties of the human resources services division shall include:
1. Developing proposed and administering policies and procedures for:
a. employment, including recruitment, examination, and selection;
b. classification and compensation; and
c. salary administration;
2. Providing technical and human resources information services support;
3. Coordinating individual employee performance review programs in executive departments;
4. Administering the county's civil service personnel system in accordance with K.C.C. chapter 3.14;
5. Monitoring executive branch compliance with human resources policies; and
6. Collecting and reporting to the office of performance, strategy, and budget on a quarterly basis information on the numbers of filled and vacant full-time equivalent and term-limited temporary positions and the number of emergency employees for each appropriation unit. ((; and
7. Providing a quarterly report to the council showing vacant positions by department. The report must indicate whether a term-limited temporary employee is backfilling the position, the salary and benefits associated with a position and how long the position has been vacant. The report is due thirty days after the end of each calendar quarter and shall be filed in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff to the budget and fiscal management committee or its successor)).
D. The duties of the career and culture division shall include:
1. Developing and administering training and organizational development programs, including centralized employee and supervisory training, conflict resolution training, and other employee development programs;
2. Developing and administering programs to minimize detrimental workplace conflict;
3. Developing and administering programs that promote employee engagement; and
4. Providing organization assistance, mediation, and restoration services.
E. The duties of the central employee services division shall include:
1. Developing and managing insured and noninsured benefits programs, including proposing policy recommendations, negotiating benefits plan designs with unions, preparing legally mandated communications materials, and providing employee assistance and other work and family programs;
2. Developing and administering workplace safety programs, including inspection of work sites and dissemination of safety information to employees to promote workplace safety;
3. Administering the county's self-funded industrial insurance/worker's compensation program, as authorized by Title 51 RCW;
4. Overseeing the county's unemployment compensation program;
5. Administering the county's employee benefits program fund; and
6. Managing the payroll system and procedures, including processing benefits transactions in the payroll system and administering the employer responsibilities for the retirement and the deferred compensation plans.
SECTION 2. Ordinance 11984, Section 3, as amended, and K.C.C. 2.21.030 are hereby amended to read as follows:
A. The office of risk management services is established in K.C.C. chapter 2.16. The manager of the office of risk management services shall be the risk manager, who shall report directly to the director of the department of executive services.
B.1. The risk manager shall be responsible for administration of the risk management program.
2. The risk manager shall coordinate with the civil division on contractual matters giving rise to potential liability on the part of the county. The risk manager shall seek the advice of the civil division as to appropriate language regarding insurance, indemnification, releases, and hold harmless clauses. Thereafter, the risk manager shall advise department directors and division managers concerning these matters as part of a coordinated process before finalization of county contracts.
3. The risk manager shall be the ((chairperson)) chair of the committee and shall advise the committee concerning insurance, risk management policies, broker selection, and other appropriate matters.
4. With the approval of the committee, the risk manager shall select appropriate insurance brokers by use of a competitive procurement process for the marketing of insurance and related services.
5. The risk manager shall be responsible for the purchasing and administration of all insurance policies, funded self-insurance programs, and related services as are consistent with good risk management policy and the needs of the county. In purchasing insurance policies, the risk manager shall obtain the approval of the committee.
6. The risk manager shall advise all county departments and other county agencies regarding risk management and reduction of risk and exposure to loss, including programs and precautions for safety to reduce hazards to the public that may exist in county facilities and operations, and utilizing enterprise risk management in order to integrate risk management processes countywide and proactively identify, analyze, respond to, and monitor risks and opportunities for risk-reduction. The risk manager shall cooperate with the safety manager in areas in which, in the opinion of the risk manager, the safety of employees and of the public requires coordinated programs. The risk manager shall also be responsible for answering all insurance or funded self-insurance coverage questions. The risk manager shall be responsible for the evaluation of current and future county or departmental insurance coverage programs and have the authority to make recommendations where such an action is in the best interests of the county.
7. The risk manager shall have the power, subject to budget authorization, to contract for such outside assistance and perform such other acts as are necessary to carry out the risk manager's responsibilities in an expeditious manner.
8. The risk manager is responsible for establishing reserve requirements for all claims and lawsuits and recommending financing plans and budget actions to ((assure)) ensure that adequate resources are available to meet risk management financing requirements.
9. The risk manager is responsible for risk identification, control, and reduction, including authority to make recommendations to all county departments and agencies regarding the safety of the public using county facilities or services.
C.1. The risk manager shall have the power to employ the services of claims specialists or other persons who are necessary to process claims in an equitable and expeditious manner.
2. The risk manager shall cooperate with the civil division in coordinating information pertinent to claims and lawsuits against the county.
3. The risk manager shall dispose of claims as authorized in K.C.C. 2.21.070.E.
4. The risk manager shall maintain complete histories of all claims and claims litigation, insured or funded self-insurance, loss histories, and investigations of claims. The risk manager shall be responsible to ensure that complete files are maintained of all claims asserted against the county and all incidents reported to the office of risk management services sufficient to document at least a five-year claims history.
D.1. The risk manager shall report quarterly to the council on claims that have been closed with an indemnity payment in the amount of one hundred thousand dollars or more. The report shall: identify the claimant; describe the claim; identify the amount of the indemnity payment; identify if the payment was a result of a settlement, a judgment or a payment to an insurance company or other party; and include any other information the risk manager believes would be helpful to the council in understanding the nature of the claim. The report shall take the form of a letter with an attached table that provides the information required in this section. The quarterly report is due ((thirty)) forty-five days after the end of each calendar quarter of the year.
2. The risk manager on or before March 31 of each year shall report to the council on the performance of the risk management program, including, but not limited to, the number of claim filings, amount of claim payments, insurance coverage, and self-insured retention. The annual report shall also include enterprise risk management results for the previous year and plans for the current year, including, but not limited to, enterprise risk management goals, priorities, agency actions, and measurable results.
E. The reports required by this section shall be filed ((in the form of a paper original and an electronic)) with the clerk of the council, who shall retain ((the original)) an electronic copy and provide an electronic copy of the report to all councilmembers.
SECTION 3. Ordinance 3631, Section 1, as amended, and K.C.C. 2.30.010 are hereby amended to read as follows:
A women's advisory board is created to act in an advisory capacity to the executive and council, making recommendations to ensure that the needs, rights, and well-being of women are taken into account in the development and implementation of legislation, policies, programs, and funding in King County. The duties of the women's advisory board are:
A. To assess the needs of women in King County and make recommendations regarding how best to meet their unmet needs;
B. To review county programs serving women, including their budgets, and recommend ways that these programs can be more responsive to the needs of women and more effective in meeting women's needs;
C. To work with community members and service agencies, to identify, develop, and promote programs that will improve the status and well-being of women;
D. To act as a proponent within county government to improve the status of women;
E. To make recommendations to the county council and to the county executive on legislation, policies, programs, and funding necessary to carry out the purposes of this chapter;
F. To inform and educate the public regarding the status of women and policies and programs that may affect the status and well-being of women((.)); and
G. To work with other county boards and commissions, including the children and family commission, to further the purposes of the women's advisory board.
((H. To submit an annual report during the first quarter of each year to the executive and council which summarizes the board's accomplishments, identifies recommendations from the past year's work and includes the board's work program for the coming year.))
SECTION 4. Ordinance 17699, Section 2, as amended, and K.C.C. 2.36.100 are hereby amended to read as follows:
A. The central business systems steering committee is hereby created. The committee's purpose shall be to:
1. Maximize benefits from the accountable business transformation program;
2. Achieve the proper functioning and integration of the countywide systems for human resources, payroll, time, and labor, finance, and budget; and
3. Provide for communication and accountability.
B. The members of the committee shall be:
1. The deputy county executive or designee;
2. The assistant deputy county executive;
3. The county administrative officer;
4. The director of the office of performance, strategy, and budget; and
5. The chief information officer.
C. The committee shall:
1. Make recommendations to the executive;
2. Coordinate work, set priorities, and guide how technical and business process issues with the countywide system are addressed to achieve the proper functioning and integration of the countywide policies, business processes, and systems for human resources, payroll, time, and labor, finance, and budget. The committee shall also align and integrate work plans for allocation of resources and budget;
3. Create a structured process for regular end-user engagement, involvement, communication, and training;
4. Promote continued business process improvements and business rule standardization, and eliminate obstacles to adopting best practices; and
5. Maximize benefits of the integrated enterprise system through business process and system standardization, optimization and transformation, and monitor performance measurement and reporting including benefit realization ((; and
6. Provide an annual performance report to the council on the benefits achieved and their contributions to the county's service excellence, financial stewardship and quality workforce goals. The annual report should describe how the benefit measurement process was used by the department of human resources, office of performance strategy and budget, and finance and business operations division to improve county operations. The annual report should also propose potential corrective actions to achieve benefit targets where needed. The report shall also include exemplary accomplishments countywide and at the agency level in leveraging the new tools to streamline and standardize business processes and improve county operations. The report shall be filed annually on June 1, in the form of a paper original and an electronic copy with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers)).
SECTION 5. Ordinance 17652, Section 16, as amended, and K.C.C. 2.97.090 are hereby amended to read as follows:
The manager shall, by June 30 of every year, file((, in the form of a paper original and an electronic copy)) with the clerk of the council, who shall retain ((the original and)) an electronic copy and provide an electronic copy to all councilmembers and the lead staff for the government accountability and oversight committee or its successor, a report to council on the progress of the program during the previous year, January through December. The report shall include:
A. The total amounts awarded by contract category, identifying contracts completed for covered projects under the priority hire program under K.C.C. chapter 12.18A;
B. The total amount awarded by contract category for which an incentive was available;
C. The total amounts awarded to small contractors and suppliers reported by contract category and by race and gender, to the extent businesses voluntarily provide ((this)) the race and gender information;
D. ((For goods and services contracts, the total amount awarded to small contractors and suppliers by race and gender to the extent businesses voluntarily provide this race and gender information, for those contractors for which the small contractor or supplier was not the low bidder;
E. For goods and services, the total amount paid by the county;
F.)) A listing of all participating small contractors and suppliers by contract category, by race and gender to the extent businesses voluntarily provide ((this)) the race and gender information, by their location by city and ZIP ((c))Code, and by the specific contracts including dollar amounts awarded;
((G. A listing of the number of small contractors and suppliers by race and gender, to the extent businesses voluntarily provide this race and gender information, in each of the following revenue categories that was certified in the program and, separately, that was awarded a contract:
1. For goods and services:
a. zero to five hundred thousand dollars;
b. five hundred thousand to one million dollars;
c. one million to two million dollars; and
d. two million dollars to the maximum revenue amount allowed by the program rules;
2. For consulting:
a. zero to two hundred fifty thousand dollars;
b. two hundred fifty thousand to five hundred thousand dollars;
c. five hundred thousand to one million dollars; and
d. one million dollars to the maximum revenue amount allowed under the program rules;
3. For construction:
a. zero to five hundred thousand dollars;
b. five hundred thousand to three million dollars;
c. three million to eight million dollars; and
d. eight million dollars to the maximum revenue amount allowed under the program rules;
H.)) E. A listing of the number and firm name of certified small contractors and suppliers by race and gender, to the extent businesses voluntarily provide this race and gender information, awarded contracts through the small business accelerator program under K.C.C. 2.97.070.C. by contract category, their location by city and ZIP ((c))Code, and the specific contracts including dollar amounts awarded; and
((I. Information about the priority hire program, including:
1. Contracts completed under the priority hire program by women-owned and minority-owned businesses, open shop contractors and small contractors and suppliers;
2. A description of barriers encountered by women-owned and minority-owned businesses, open shop contractors and small contractors and suppliers that participate or attempt to participate in the priority hire program;
3. The share of the work on priority hire contracts that was awarded to women-owned and minority-owned businesses, open shop contractors and small contractors and suppliers;
4. Changes to the bid response rate as compared to the period prior to the institution of the priority hire program;
5. Changes in prime contractor bid prices as compared to the period prior to the institution of the priority hire program; and
6. Administrative costs for the division related to the priority hire program.)) F. A listing of the number of minority and women owned businesses by contract category, race and gender to the extent businesses voluntarily provide the race and gender information, their location by city and ZIP Code, and the specific contracts including dollar amounts awarded.
SECTION 6. Ordinance 19008, Section 7, and K.C.C. 2.150.050 are hereby amended to read as follows:
The duties of the commission include the following:
A. Provide information, advice and counsel to the council, the executive, the department of community and human services, the office of equity and social justice, and other county departments on issues and policies affecting renters, including housing affordability and the intersection of renters with their access to transportation, green and other public spaces, renter protections, public health and safety, education, and economic growth as they relate to renters in unincorporated King County;
B. Monitor the enforcement and effectiveness of legislation related to renters and renter protections;
C. Provide periodic advice on priorities, policies and strategies for strengthening and enhancing the enforcement and effectiveness of renter protections;
D. ((The executive shall transmit to the council, on an annual basis, a summary of commission activities and recommendations for future affordable housing committee work plans, including actions to improve housing affordability in unincorporated King County. The report shall be filed in the form of a paper original and an electronic copy with the clerk of the council, who will retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the lead staff to the mobility and environment committee or its successor.
E.)) Adopt an annual work plan. The plan shall include a briefing on the commission's public involvement process for soliciting community and citizen input in developing the commission's annual work plan and updates on the work plan; and
((F.)) E. Collaborate and consult with other county commissions and committees, departments, the King County housing authority board of commissioners, the affordable housing committee of the King County growth management planning council, the Seattle renters' commission, and other community groups and associations, including those representing rental property landlords, to gather information, feedback, and recommendations related to the King County renters' commission's work.
SECTION 7. Ordinance 16682, Section 5, and K.C.C. 2.200.040 are hereby amended to read as follows:
King County shall provide written notice to the Seattle-King County taxicab advisory commission, no more than fifteen days following any proposed changes to county ordinances or rules that pertain to the setting of taxicab fares, taxicab licensing, and other legislation regarding the taxicab industry or its customers. Such written notice shall also occur no less than thirty days in advance of adoption of proposed ordinances, rules, or other legislation so that the commission will have sufficient time to review proposed changes and report its recommendations to King County and the city of Seattle. ((The commission shall issue and deliver an annual report to the city of Seattle and King County that outlines the work of the commission during the prior calendar year as well as its anticipated work program for the following calendar year. The report shall be filed with the executive and clerk of the council, in the form of eleven copies for distribution to all councilmembers, by February 15 of each year.))
SECTION 8. Ordinance 18840, Section 6, and K.C.C. 2.400.050 are hereby repealed.
SECTION 9. Ordinance 12014, Section 18, as amended, and K.C.C. 3.12.180 are hereby amended to read as follows:
A. For purposes of this section:
1. "County work force" means persons employed by King County executive departments;
2. "Job group" means a grouping of jobs as defined by the United States Department of Labor;
3. "Labor force availability rate" means the percentage of persons of color or women with requisite job skills in King County as reported by the United States Census Bureau;
4. "Persons of color" means persons in each of the following groups: Blacks; Hispanics; Asian/Pacific Islanders; and Native Americans; and
5. "Placement goal" shall equal the labor force availability rate.
B. The county is an equal opportunity employer and shall carry out federal, state, and local laws and regulations prohibiting discrimination in employment on the basis of race, color, religion, religious affiliation, creed, national origin, ancestry, sex, sexual orientation, gender identity or expression, age (except by minimum age and retirement provisions), marital status, honorably discharged veteran or military status, or the presence of a sensory, mental or physical disability. Further, it is the intent of the county to ensure that employment is based on the principle of equal opportunity and that such a principle shall be implemented in all county personnel-related actions including, but not limited to, recruitment, hiring, testing, training, promotion, compensation, transfer, and all other terms and conditions of employment in all job classifications.
C. In order to comply with federal contracting requirements and to ensure equal opportunity for all persons, all county departments shall establish and maintain an effective equal employment opportunity affirmative action plan, as adopted by the council by ordinance. Such an equal employment opportunity affirmative action plan shall promote the objectives of public policy set forth in applicable federal and state laws relating to nondiscrimination, equal employment opportunity, affirmative action, and civil rights. Specifically, the plan shall promote the objectives of the State Law Against Discrimination, chapter 49.60 RCW (applicable parts), and provisions of the Washington Administrative Code adopted thereunder. As part of the county's equal employment opportunity affirmative action plan, the executive shall submit by June 1 of every fourth year, commencing with 2018, a proposed ordinance for the approval of an equal employment opportunity affirmative action plan pertaining to executive county departments and agencies to be approved, or modified, by the council by ordinance, or rejected by the council, by January 1 following the plan's submittal to council. The equal employment opportunity affirmative action plan shall include:
1. Information related to county work force statistics, which shall include:
a. a comparison of labor force availability for women and persons of color to the county's actual labor force for women and persons of color as a summary across all departments. The plan shall also compare labor force availability for women and persons of color to the county's actual labor force for women and persons of color by departments and job group. The plan shall also summarize the percentage of total goal setting areas which meet or exceed the labor force availability rate;
b. a summary of the county work force by job group and by race and gender;
c. a discussion of the methodology by which the labor force availability and county work force data is developed and a listing of the county job classifications that are included in each job group;
d. the total number of persons with disabilities in each job group within the county work force and the total number of persons with disabilities by department voluntarily reported by individuals for equal employment opportunity affirmative action purposes. The plan shall include the number of positions for which an accommodation is currently in effect;
e. the total number and percentage of employees by salary range and by race and gender. Salary ranges shall be reported in a manner consistent with the equal employment opportunity data reported by the United States Census Bureau. The plan shall include data reported by the United States Census ((b))Bureau on the total number and percentage of the labor force working in King County by salary range and by race and gender;
f. an analysis by race and gender of the positions filled by promotion during the prior plan period. For the purposes of this subsection, "promotions" means those instances in which an individual advances in salary level because the individual changed to a position with a higher pay range assignment;
g. a summary by year for the prior plan period on executive branch discrimination complaints by basis of complaint and complaint status. The summary shall also include data by department on the number of complaints filed by complaint type and the number of people filing complaints; and
h. historical data on the county work force by race and gender. Historical data before 2014 is required only to the extent it is readily available;
2. Placement goals for the plan period. For those job groups within departments where the actual number of women and persons of color employed is less than projected by labor force availability, a placement goal by race and gender shall be established for the entire plan period. A placement goal shall equal the labor force availability rate. Placement goals are used to measure progress toward achieving equal employment opportunity. Placement goals may not be quotas, which must be met, nor do they create set-asides for specific groups. Placement goals may not be used to supersede merit selection principles. Further, existence of a placement goals does not constitute evidence of discrimination. If a placement goal has been established, the plan shall identify the labor force availability rate;
3. Implementation plans for departments. Each implementation plan shall:
a. identify the activities proposed each year during the plan period to meet the department's placement goals. The plan shall discuss how the proposed activities will help the department achieve its placement goals;
b. identify the activities proposed during the plan period by year to recruit, retain, and promote women and persons of color in the work force; and
c. identify the specific activities during the plan period, by year, that each department will undertake to increase its hiring, retention, and promotion of persons with disabilities; and
4. A summary of the results of the prior equal employment opportunity affirmative action plan, which shall include:
a. ((A))a description of the progress of each department in completing the activities listed in subsection C.3. a. through c. of this section proposed in the previous implementation plan. The outcomes of each activity shall be reported. The department of human resources shall provide an evaluation of the effectiveness of each department's implementation activities during the plan period;
b. the status of each placement goal established in the prior equal employment opportunity affirmative action plan. For each identified placement goal, the status report shall report the:
(1) labor force availability rate;
(2) total number of positions filled for the corresponding job group within a department;
(3) of the total number reported under subsection C.4.b.(2) of this section, the number of positions that were filled by each race and gender category; and
(4) an actual hiring rate for each race and gender category calculated by dividing the number of positions filled by the number of positions filled by each race and gender category; and
c. a separate listing of those placement goals for the plan period that were not achieved. Placement goals are considered not achieved when the actual hiring rate is less than the availability rate for the overall plan period. For each placement goal not achieved, the plan shall provide an analysis of why the goals were not met including whether the planned implementation activities were completed. Placement goals shall only be considered not achieved in those instances in which the total number of hires is large enough such that it is statistically reasonable to expect under conditions of equal employment opportunity that the number of hires by race and gender will reflect work force availability.
D. ((A progress report on each year's placement goals and implementation plans shall be delivered to the council annually on June 1. Eleven copies of the report shall be filed with the clerk of the council, for distribution to all councilmembers. For each category where a placement goal is established, the following shall be reported:
1. Labor force availability rates as proposed in the equal employment opportunity affirmative action plan by department, job group, race and gender;
2. Data by department and job group of the total number of positions filled;
3. For each department and job group, the number of positions that were filled by each race and gender category;
4. For each department and job group, the percentage of positions that were filled by each race and gender category;
5. A separate listing of placement goals not achieved. Placement goals are considered not achieved when the availability rates are greater than the hiring rates. Placement goals shall only be considered not achieved in those instances in which the total number of hires is large enough such that it is statistically reasonable to expect under conditions of equal employment opportunity that the number of hires by race and gender will reflect work force availability;
6. Beginning in the second year, cumulative data for the plan period for the information required under subsection D. 1. through 5. of this section; and
7. The status of each activity proposed in each department's implementation plan as required by subsection C.3. a. through c. of this section. The progress report shall include updates to the implementation plans in order that the plans consist of more than repeating the same activities which have previously produced inadequate results.
E.)) The executive shall submit a proposed ordinance approving a new four-year equal employment opportunity affirmative action plan to the council within twelve months of the publication of the appropriate data from the ten-year United States ((c))Census.
SECTION 10. Ordinance 14233, Section 7, as amended, and K.C.C 3.15.140 are hereby amended to read as follows:
A. An appointing authority, with the prior written approval of the department director and, when required, the manager of the human resources division and the county administrative officer, may assign an employee in a regular position to an existing higher-level classification for a limited term when the higher-level duties and responsibilities comprise the majority of the work performed.
B.1. Depending upon the type of special duty assignment needed for business operations, special duty assignments may be made for up to twelve months, up to three years, and up to five years, respectively.
((1.)) 2. In cases where a special duty assignment is made to provide for additional staffing at a higher level, the assignment may be approved for up to a term of twelve months but only if:
a. the assignment is authorized in advance in writing by the department director; and
b. the assignment is needed for work that exceeds either the volume or complexity, or both, than what is routinely expected, but the work is of a limited duration and is not ongoing; the assignment is needed for work ((which)) that is unanticipated due to unique circumstances ((which)) that are not expected to reoccur; or the assignment is needed to either develop or implement, or both, a new function, system, or proposal within a division.
((2.)) 3. In cases where a special duty assignment is made to backfill a regular position, the assignment may be approved for up to a term of three years, but only if:
a. the backfill assignment is authorized in advance in writing by the department director, the manager of the human resources management division and the county administrative officer based upon a specific determination that a special duty assignment continues to meet the requirements in this chapter and that a position reclassification is not appropriate;
b. the assignment is made to backfill:
(1) an incumbent employee who is absent because of an extended leave of absence for a medical reason, as required under applicable county, state, or federal law;
(2) an incumbent employee who is absent because of military service; or
(3) an incumbent employee who is absent because of assignment to special duty or another assignment; and
((3.)) 4. ((i))In no cases, may the special duty backfill assignment exceed the term of the incumbent employee's absence.
((4.)) 5. In cases where a special duty assignment is made for the performance of a project necessitating a higher level of work, the assignment may be approved for up to a term of three years, but only if:
a. the project assignment is authorized in advance in writing by the department director, the manager of the human resources management division and the county administrative officer based upon a specific determination that a special duty assignment continues to meet the requirements in this chapter and that a position reclassification is not appropriate; and
(1) the project is clearly defined, a project plan has been developed or the employee will develop a project plan;
(2) the project has a beginning and end date of three years or less;
(3) the employee will perform duties that are primarily related to a single specifically defined project; and
(4) the employee is performing ((non-routine)) nonroutine work for a project outside of the regular scope of the normal division functions.
((5.)) 6. In cases where a special duty assignment is made to staff or to backfill staff on a grant-funded, capital improvement, or information systems technology project necessitating a higher level of work, the assignment may be approved for up to a term of three years and, upon justification, extended an additional two years up to a term of five total years, but only if:
a. the project assignment is authorized in advance in writing by the department director, the manager of the human resources management division and the county administrative officer based upon a specific determination that a special duty assignment continues to meet the requirements in this chapter and that a position reclassification is not appropriate; and
b. the assignment is made to a clearly defined project with a limited term and a definite termination date; or the assignment is made to backfill staff on the project.
C. A special duty assignment must be made in writing to the employee before the beginning of the assignment. The written notice must provide the classification title and description and must list the specific duties that the employee is to perform and the duration of the assignment. The written notice must also include a statement that the assignment will not confer on the employee any new privilege, right of appeal, right of position, transfer, demotion, promotion, or reinstatement. A special duty assignment may be revoked at any time at the discretion of the appointing authority. Special duty pay may not be assigned retroactively.
D. The special duty increase shall be to the first step of the pay range of the existing higher-level job classification or to a pay step in the existing higher classification that provides an increase of approximately five percent above the former rate of pay, whichever is greater.
E. Special duty compensation may not exceed the top step of the new range if the employee was receiving above-Step-10 incentive pay. In those instances, the pay may exceed the maximum of the new pay range by no more than five percent and shall continue only as long as the incentive pay would have remained in effect.
F. When the special duty assignment is completed, the employee's pay shall revert to the pay rate the employee would have received if the employee had not been assigned to special duty.
G. Special duty pay shall not be considered part of an employee's base pay rate for purposes of placement within a salary range as a result of promotion or reclassification.
((H. The executive shall notify the council each year in writing of the total number of county employees on special duty assignment by department. The executive shall file a paper original and electronic copy of each memorandum with the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers and the lead staff for the government accountability and oversight committee or its successor.))
SECTION 11. Ordinance 13257, Section 16, as amended, and K.C.C. 3.24.160 are hereby repealed.
SECTION 12. Ordinance 12045, Section 20, as amended, and K.C.C. 4.56.035 are hereby amended to read as follows:
A. County employees shall be held accountable and responsible for all of the various personal property assigned to them during the course of their employment with the county.
((A.)) B. Written documentation, by employee, of all changes in assigned capitalized items from the department or agency inventory reports will be recorded at the time of the occurrence and kept in each county department or agency.
((B. The fleet services division shall provide a report of losses to the county council, county administrative officer and office of risk management services. The report to the county council shall be transmitted with the biennial budget.))
C. The fleet services division shall recommend to the department or agency director or manager corrective action for all capitalized items lost or misplaced due to employee negligence or misconduct.
D. If the director or manager determines an employee to be negligent in the care of the property assigned to the employee or if a terminated employee fails to return personal property assigned to the employee, then the county may pursue any remedy available at law for recovery of loss of property. If a career service employee is disciplined, that employee has the right to the full protection of the county disciplinary-grievance process as established by applicable union bargaining agreements and the county code provisions and administrative guidelines for the career service.
E. The fleet services division shall be the sole agency responsible for inventorying and disposing of county personal property.
SECTION 13. Ordinance 17390, Section 1, as amended, and K.C.C. 4.56.300 are hereby amended as follows:
((A.)) The fleet services division shall annually identify countywide fleet standards for cars, trucks, sport utility vehicles and other nonrevenue vehicles. ((These)) The standards shall apply to fleets managed by the Metro transit department as well as the fleet services, solid waste and airport divisions, and shall be developed as follows:
((1.)) A. The fleet managers of the Metro transit department as well as the fleet services, solid waste and airport divisions shall annually review the inventory of cars, trucks, sport utility vehicles, and any other nonrevenue vehicles identified to be replaced in the coming year. The fleet managers shall assign a standard for each class of vehicle. If a vehicle meeting the standard is not available through an existing procurement contract, the fleet managers shall collaborate to determine the best method of procurement of the vehicle;
((2.)) B. To the extent practicable, the original equipment manufacturer's recommended routine maintenance schedules, as specified by the use of the vehicle, shall be adhered to for all nonrevenue county fleet vehicles. Fleet managers may, at their discretion, document and adjust the frequency of routine service intervals where a deviation from the recommended routine maintenance schedule is indicated due to factors including, but not limited to, vehicle age, mileage, service hours, or operating environment;
((3.a.)) C.1. Vehicle replacement cycles shall, to the extent practicable, be consistent for each class of vehicle. The optimal mileage at which each class of vehicle should be replaced shall be established by the fleet managers using criteria such as purchase price, depreciation, and maintenance costs. All county fleets will apply the same criteria to establish the optimal mileage and the maximum life cycle.
((b.)) 2. Fleet managers shall prepare an alternative fuel technology vehicle integration plan, describing necessary and appropriate steps towards the successful integration of alternative fuel vehicles into the county fleets. Plan elements may include:
(((1))) a. a description of the challenges and barriers that alternative fuel vehicles may encounter in efforts to integrate them into the county fleet;
(((2))) b. a description of opportunities for such vehicles in service to county government transportation needs;
(((3))) c. identification and a specific timeline for ascertainment of needed planning and analytical information in support of plan preparation, including:
(((a))) (1) vehicle maintenance and repair histories, and related information that will support development of appropriate vehicle life cycle replacement standards; and
(((b))) (2) vehicle utilization data;
(((4))) d. a summary of appropriate steps needed to integrate such vehicles into the county fleet; and
(((5))) e. other elements;
((4.)) D. The countywide fleet standards shall be evaluated by county fleet managers biannually, to coincide with the biennial budget cycle, and updated if needed; and
((5.)) E. The manager of the fleet services division shall have lead responsibility for facilitating the biannual evaluation of countywide fleet standards.
((B. The executive shall annually transmit an electronic copy and one paper copy of the King County fleet standards to the clerk of the council by August 31 for distribution to all councilmembers and the lead staff for the transportation, economy and environment committee, or its successor. The report shall include:
1. Vehicle types for purchase for standard passenger cars, trucks and sport utility vehicles for the next calendar year;
2. Standard maintenance schedules for routine safety and service work for each type of vehicle; and
3. Vehicle life including both optimal mileage and maximum life cycle for vehicle replacement planning.))
SECTION 14. Ordinance 620, Section 4, as amended, and K.C.C. 4A.100.100 are hereby amended to read as follows:
A. The following reports shall be prepared:
1. A comprehensive annual financial report. The executive shall annually prepare and publish a comprehensive financial report covering all funds and financial transactions of the county during the preceding fiscal period;
2. Internal county audit reports. The county auditor shall periodically prepare and publish the results of examinations performed by the county auditor's office of the effectiveness, efficiency and equity of the operation of county agencies. The examination report and any departmental response to the audit shall be made available by the county auditor, either electronically or in print formats, and by posting on the Internet;
3. A ((S))state audit report. The examination report of the county's financial affairs and transactions issued annually by the Office of the State Auditor and the county response to the audit shall be made available to the State Auditor annually, either electronically or in print formats, and by posting on the Internet; and
4. Quarterly budget management reports.
a. The executive shall submit to the council a report detailing the results of actual revenue collections and expenditures for each fund. The report shall:
(1) present current financial plans for operating and capital funds that have gone through the office of performance, strategy, and budget's financial monitoring process, as described in the current comprehensive financial management policies adopted by council motion during the current quarter, including actual expenditures and revenues;
(2) identify significant variances in revenue and expenditure estimates for the general fund;
(3) list any transfer of emergent need contingency expenditure authority that would increase the total budget of a capital project, identifying those increases that are greater than fifteen percent;
(4) list any transfer of grant contingency expenditure authority;
(5) list any capital budget appropriations that have lapsed because the project has been completed((,)) or abandoned, or because no encumbrance or expenditure has been made for three years;
(6) report scope, schedule, and budget status for capital projects that has a baseline with total estimated cost greater than one million dollars;
(7) summarize the risks included in the risk assessment register for baselined risk monitored projects in the design phase, the acquisition phase, and the implementation phase, summarize change orders and amendments, explain change orders and amendments that have the cumulative potential to carry the project over project baseline, and summarize the results of the latest earned value analysis;
(8) ((list all new donations to the department of public health of two thousand dollars or more, as described in K.C.C. 2.35A.200, including the name of the person making the donation, the amount of the donation, and the public health purpose for which it is intended to be expended. In any case where the donation originates from social media activity such as crowdsourcing, the list shall include the name of the person sponsoring this activity;
(9))) report on all incremental changes to sections and attachments to the biennial budget appropriations ordinance made during the quarter, including the ordinance numbers making the changes; and
(((10))) (9) report on waivers to the regulations of K.C.C. chapter 18.17, in compliance with K.C.C. 18.17.060.
b. The report shall be electronically filed with the clerk of the council, who shall retain an electronic copy and provide and an electronic copy to all councilmembers and the lead staff of the budget and fiscal management committee, or its successor, no later than June 1 for the first quarterly report, September 1 for the second quarterly report, December 1 for the third quarterly report and March 1 for the fourth quarterly report. The director of performance, strategy, and budget shall also be responsible for posting the report on the Internet.
B. The King County project control officer is requested to report annually on the process used to ensure that all departments and divisions adhere to King County's construction management policies and procedures, the compliance rate for following the county's construction management policies and procedures and the steps being taken to increase compliance with King County's construction management policies and procedures. Additionally, the report shall summarize all findings in regards to any changes in a contract's scope, schedule or budget. The King County project control officer shall electronically file the report by June 1 of each calendar year with the clerk of the council, who shall retain an electronic copy and provide an electronic copy to all councilmembers, the lead staff for the budget and fiscal management committee or its successor and the county auditor's office.
SECTION 15. Ordinance 12787, Section 6, as amended, and K.C.C. 12.16.175 are hereby amended to read as follows:
The administrator shall submit an annual report to the executive detailing performance of the apprenticeship program under this chapter, and the priority hire program as required under K.C.C. 12.18A.050, by April 15 of each year. The report shall be ((forwarded)) electronically filed with the clerk of the council no later than April 30. The clerk of the council shall retain and electronic copy of the report and provide an electronic copy to all council members and the lead staff of the committee of the whole. The report shall include, but not be limited to the following:
A. The number and kinds of public works projects and contracts on which apprenticeship and priority hire requirements were established;
B. The percentage of labor hours actually worked by apprentices and priority hire workers on each such project and the total number of labor hours on each project;
C. The number of apprentices and priority hire workers by contractor broken down by trade and craft category, home ZIP ((c))Codes for priority hire workers, the wages paid by category of work or trade, the number and percentage of minorities, women, persons with disabilities, and disadvantaged youth utilized as apprentices and priority hire workers, and the degree of compliance with the percentage goals to be established under K.C.C. 12.16.155 through 12.16.180;
D. A description of problems encountered in the implementation of the requirements of K.C.C. 12.16.155 through 12.16.180, which shall include, but not be limited to, access by open shop contractors to state-approved training program apprentices and the resolution of any problems arising therefrom;
E. A description of barriers encountered by participating apprentices and priority hire workers and steps taken to resolve those problems and to insure their continued participation in the program;
F. The number of new apprentices indentured during the reporting year as reported by the Washington state Department of Labor and Industries; ((and))
G. The percentage of apprentices in training who have graduated to journey level during the reporting year;
H. Contracts completed under the priority hire program by women-owned and minority-owned businesses, open shop contractors, and small contractors and suppliers;
I. A description of barriers encountered by women-owned and minority-owned businesses, open shop contractors, and small contractors and suppliers that participate or attempt to participate in the priority hire program;
J. The share of the work on priority hire contracts that was awarded to women-owned and minority-owned businesses, open shop contractors, and small contractors and suppliers; and
K. Administrative costs for the division related to the priority hire program.
SECTION 16. Ordinance 12643, Section 23, as amended, and K.C.C. 28.94.265 are hereby amended to read as follows:
The director shall submit annually to the council, by September 30, a report on the services and fares authorized by K.C.C. 28.94.035, ((4A.700.230)) 28.94.045, 4A.700.130, ((4A.700.090, 4A.700.070, 4A.700.050, 4A.700.450, 4A.700.410, 4A.700.110)), 28.94.225, 4A.700.530, 4A.700.350, 4A.700.610, and 4A.700.210. ((The report shall also describe any commercial parking agreements permitted by K.C.C. 28.96.220 that are in place, revenues generated and comments from users of the facilities where agreements are in place. The report shall also describe the parking facilities user fees program established by K.C.C. 4A.700.650.)) The report shall be filed ((in the form of a paper original and an electronic copy)) with the clerk of the council, who shall retain ((the original)) an electronic copy and provide an electronic copy to all councilmembers.
SECTION 17. Ordinance 13325, Section 3, as amended, and is hereby amended to read as follows:
The work plan submitted by the board for 1999, as shown in Attachment B to Ordinance 13325, is hereby approved. ((The executive shall report to the council annually on the work program of the noxious weed control board. The report shall also include the status of noxious weed control on county-owned lands and rights of way.))
SECTION 18. Ordinance 15805, Section 4, is hereby repealed.
SECTION 19. Ordinance 18627, Section 1, is hereby amended to read as follows:
A. The executive shall prepare a report and recommendations addressing issues related to staff concerns at the West Point Treatment Plant, including:
1. How to provide an ongoing staff reporting tool by which plant operational staff can anonymously communicate suggestions or concerns to agency management. The reporting tool may be in the form of an electronic staff hotline or suggestions box, or other means of allowing for candid and unreserved identification of conditions of concern. The reporting tool may build on the existing safety hotline or Bright Ideas, but shall also provide for reporting on broader plant operational issues; and
2. The identification of issues that result in problematic low levels of staff retention at the West Point Treatment Plant.
B. The executive shall prepare a plan, based on the report, for the implementation of the recommendations of the report, addressing both:
1. Instituting or augmenting an anonymous staff reporting tool; and
2. Means to improve staff satisfaction and retention, such as staff incentives or other strategies intended to strengthen retention outcomes at the West Point Treatment Plant.
((C. The executive shall also prepare an annual summary of the suggestions and concerns received through the plan's reporting tool, as well as responsive actions taken.))
SECTION 20. Ordinance 18628, Section 2, is hereby amended to read as follows:
The executive shall prepare and transmit ((quarterly)) annual reports describing progress in implementing the West Point Treatment Plant Independent Assessment Final Report Implementation Plan and the requirements of the administrative order against King County wastewater treatment division issued on September 12, 2017, by the Washington state Department of Ecology. The reports shall address both the summary recommendations and the mitigation strategies of the independent assessment; they shall also address the corrective action requirements of the Washington state Department of Ecology administrative order. The executive shall prepare and transmit an implementation plan by February 15, 2018, with ((quarterly)) annual reports transmitted no later than forty-five days after the close of each fiscal ((quarter)) year thereafter, through the date that the implementation plan timeline required by Ordinance 18628, ((s))Section 1 ((of this ordinance)), indicates completion of accomplishment of recommendations.
SECTION 21. Ordinance 19161, Section 4, is hereby repealed.