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File #: 2019-0477    Version:
Type: Ordinance Status: Passed
File created: 11/13/2019 In control: Law and Justice Committee
On agenda: Final action: 12/11/2019
Enactment date: 12/19/2019 Enactment #: 19047
Title: AN ORDINANCE related to the establishment of a King County human and civil rights commission and making other technical corrections; amending Ordinance 18665, Section 8, as amended, and K.C.C. 2.15.100, Ordinance 14199, Section 11, as amended, and K.C.C. 2.16.035, Ordinance 15548, Section 1, as amended, and K.C.C. 2.28.0015, Ordinance 12058, Section 9, as amended, and K.C.C. 2.55.010, Ordinance 18757, Section 4, and K.C.C. 3.12D.020, Ordinance 10159, Section 14, and K.C.C. 6.27A.120, Ordinance 15399, Section 4, as amended, and K.C.C. 12.17.004, Ordinance 13981, Section 2, as amended, and K.C.C. 12.17.010, Ordinance 13981, Section 4, as amended, and K.C.C. 12.17.030, Ordinance 13981, Section 5, as amended, and K.C.C. 12.17.040, Ordinance 13981, Section 6, as amended, and K.C.C. 12.17.050, Ordinance 13981, Section 7, as amended, and K.C.C. 12.17.060, Ordinance 13981, Section 8, as amended, and K.C.C. 12.17.070, Ordinance 13981, Section 9, as amended, and K.C.C. 12.17.080, Ordinance 13981...
Sponsors: Larry Gossett, Rod Dembowski
Indexes: Civil Rights and Compliance, Commissions, King County
Code sections: 12.17.010 - , 12.17.030 - , 12.17.040 - , 12.17.050 - , 12.17.060 - , 12.17.070 - , 12.17.080 - , 12.17.090 - , 12.18.010 - , 12.18.020 - , 12.18.030 - , 12.18.040 - , 12.18.050 - , 12.18.060 - , 12.18.070 - , 12.18.080 - , 12.18.090 - , 12.18.097 - , 12.18.100 - , 12.20.010 - , 12.20.020 - , 12.20.040 - , 12.20.050 - , 12.20.060 - , 12.20.070 - , 12.20.080 - , 12.20.090 - , 12.20.095 - , 12.20.100 - , 12.20.120 - , 12.20.122 - , 12.20.124 - , 12.20.130 - , 12.20.133 - , 12.20.140 - , 12.20.150 - , 12.22.010 - , 12.22.020 - , 12.22.030 - , 12.22.040 - , 12.22.050 - , 12.22.060 - , 12.22.070 - , 12.22.080 - , 12.22.090 - , 12.22.095 - , 12.22.100 - , 2.15.005 - ., 2.15.010 - ., 2.15.100 - ., 2.16.035 - , 2.28.0015 - ., 2.50.010 - , 3.10.010 - ., 3.10.020 - , 3.10.030 - ., 3.10.040 - ., 3.10.050 - ., 3.10.060 - ., 3.10.070 - ., 3.12D.020 - ., 4A.200 - ., 6.27A.120 - ., 7.01.010 - .
Attachments: 1. Ordinance 19047, 2. 2019-0476+0477_SR_Human_Civil_Rights_Commission.docx, 3. 2019-0477_ATT2_Striking_Amendment_S1 bar.docx, 4. 2019-0477_ATT3_Title_Amendment_T1 bar.docx, 5. 2019-0477+0476-ATT5-KorematsuReport.pdf, 6. 2019-0477+0476_ATT6_PO_2019-0330_Signature Report_Est_ESJ_Civ_Rights_Comm.docx, 7. 2019-0476+0477_SR_Human_Civil_Rights_Commission_12.10.19.docx, 8. 2019-0477-ATT1-ProposedOrdinance.pdf, 9. 2019-0477_ATT2_Striking_Amendment_S1 bar.docx, 10. 2019-0477_ATT3_Title_Amendment_T1 bar.docx, 11. 2019-0477+0476-ATT5-KorematsuReport.pdf, 12. 2019-0477+0476_ATT6_PO_2019-0330_Signature Report_Est_ESJ_Civ_Rights_Comm.pdf, 13. 2019-0477 Amendment S1 12-11-2019, 14. 2019-0477 Amendment T1 12-11-2019
Staff: Kim, Andrew

title

AN ORDINANCE related to the establishment of a King County human and civil rights commission and making other technical corrections; amending Ordinance 18665, Section 8, as amended, and K.C.C. 2.15.100, Ordinance 14199, Section 11, as amended, and K.C.C. 2.16.035, Ordinance 15548, Section 1, as amended, and K.C.C. 2.28.0015, Ordinance 12058, Section 9, as amended, and K.C.C. 2.55.010, Ordinance 18757, Section 4, and K.C.C. 3.12D.020, Ordinance 10159, Section 14, and K.C.C. 6.27A.120, Ordinance 15399, Section 4, as amended, and K.C.C. 12.17.004, Ordinance 13981, Section 2, as amended, and K.C.C. 12.17.010, Ordinance 13981, Section 4, as amended, and K.C.C. 12.17.030, Ordinance 13981, Section 5, as amended, and K.C.C. 12.17.040, Ordinance 13981, Section 6, as amended, and K.C.C. 12.17.050, Ordinance 13981, Section 7, as amended, and K.C.C. 12.17.060, Ordinance 13981, Section 8, as amended, and K.C.C. 12.17.070, Ordinance 13981, Section 9, as amended, and K.C.C. 12.17.080, Ordinance 13981, Section 11, and K.C.C. 12.17.090, Ordinance 15399, Section 20, and K.C.C. 12.18.014, Ordinance 7430, Section 2, as amended, and K.C.C. 12.18.020, Ordinance 7430, Section 4, as amended, and K.C.C. 12.18.040, Ordinance 7430, Section 5, as amended, and K.C.C. 12.18.050, Ordinance 7430, Section 6, as amended, and K.C.C. 12.18.060, Ordinance 7430, Section 7, as amended, and K.C.C. 12.18.070, Ordinance 7430, Section 8, as amended, and K.C.C. 12.18.080, Ordinance 15399, Section 17, and K.C.C. 12.18.085, Ordinance 7439, Section 9, as amended, and K.C.C. 12.18.090, Ordinance 13263, Section 52, as amended, and K.C.C. 12.18.097, Ordinance 5280, Section 2, as amended, K.C.C. 12.20.020, Ordinance 5280, Section 4, as amended, K.C.C. 12.20.070, Ordinance 5280, Section 5, as amended, K.C.C. 12.20.080, Ordinance 5280, Section 6, as amended, K.C.C. 12.20.090, Ordinance 10469, Section 11, as amended, K.C.C. 12.20.095, Ordinance 5280, Section 7, as amended, K.C.C. 12.20.100, Ordinance 5280, Section 9, as amended, K.C.C. 12.20.120, Ordinance 10469, Section 13, as amended, K.C.C. 12.20.122, Ordinance 10469, Section 14, as amended, K.C.C. 12.20.124, Ordinance 10469, Section 16, as amended, K.C.C. 12.20.133, Ordinance 13263, Section 53, as amended, K.C.C. 12.20.150, Ordinance 15399, Section 62, K.C.C. 12.22.014, Ordinance 8625, Section 2, as amended, and K.C.C. 12.22.020, Ordinance 8625, Section 4, as amended, and K.C.C. 12.22.040, Ordinance 8625, Section 5, as amended, and K.C.C. 12.22.050, Ordinance 8625, Section 6, as amended, and K.C.C. 12.22.060, Ordinance 8625, Section 7, as amended, and K.C.C. 12.22.070, Ordinance 8625, Section 8, as amended, and K.C.C. 12.22.080, Ordinance 15399, Section 59, and K.C.C. 12.22.085, Ordinance 8625, Section 9, as amended, and K.C.C. 12.22.090, Ordinance 13263, Section 54, as amended, and K.C.C. 12.22.095 and Ordinance 4461, Section 2, as amended, and K.C.C. 20.22.040, adding a new section to K.C.C. chapter 4A.200, adding a new chapter to K.C.C. Title 2 and repealing Ordinance 2647, Section 3, as amended, and K.C.C. 3.10.010, Ordinance 2647, Section 4, as amended, and K.C.C. 3.10.020, Ordinance 2647, Section 5, as amended, and K.C.C. 3.10.030, Ordinance 12058, Section 4, and K.C.C. 3.10.040, Ordinance 2647, Section 7, as amended, and K.C.C. 3.10.050, Ordinance 2647, Section 8, as amended, and K.C.C. 3.10.060 and Ordinance 6891, Section 4, as amended, and K.C.C. 3.10.070.

Body

STATEMENT OF FACTS:

1.  In 1976, the King County affirmative action committee was established, and was replaced in November 1995 by the King County civil rights commission by Ordinance 12058.

2.  The civil rights commission was established to serve in an advisory capacity to the executive and the council on matters concerning affirmative action, disability access, equal employment opportunity, contract compliance, fair housing, minority and woman owned businesses, and access to public accommodations to ensure the consistent application of all county ordinances, rules, and regulations concerning these programs.

3.  The scope of work and activities of the civil rights commission have diminished over the years due to various factors.  Currently, only two of the twelve commission positions are filled and the last civil rights commission briefing received by the council was on June 2010 where the council was briefed on the commission's 2009 annual report.

4.  For many years, the commission was the primary advisory body on county activities relating to equity and social justice, in particular the efforts to adopt the county's "Equity and Social Justice Ordinance," which is Ordinance 16948, efforts to establish the office of law enforcement and oversight, efforts to change the county name to the Martin Luther King, Jr., County and to establish the Martin Luther King, Jr., County logos, and efforts to establish the immigrant and refugee task force.  However, as these activities have become a priority for the county, they have been delegated to newly established county entities such as the office of law enforcement oversight community advisory committee, the immigrant and refugee commission, and the office of equity and social justice.

5.  The commission was also tasked with reviewing and conducting informal investigations of complaints alleging violations of county antidiscrimination ordinances that apply to King County as an employer and in unincorporated King County.  However, the number of cases has decreased over time, in part, due to annexations and incorporations that have occurred in the county over the years reducing the area over which the county has jurisdictional responsibility.

6.  The commission has historically been active in community engagement by establishing relationships with other regional human and civil rights commissions, meeting and networking with community organizations, and educating communities and the public at large on the work of the commission.  The commission included such activities in its annual work plans from 2014 through 2017; however, it is unclear whether the commission conducted such activities during those years or whether it continues to do so currently.  If the commission failed to undertake these activities, the lack of community engagement activities may also have contributed to the decrease in the number of complaints that relate to violations of county ordinances related to discrimination.

7.  The office of civil rights under the county executive is authorized to enforce county ordinances related to discrimination and provide staff support to the commission.  However, through the 2017-2018 Biennial Budget Ordinance, Ordinance 18409, the council moved the functions of the office of civil rights to the office of equity and social justice, which administratively changed the office of civil rights to a civil rights program.

8.  In 2018, the county executive approached some members of the council to consider replacing the civil rights commission with an equity, civil rights and social justice commission.  In response, King County Councilmembers Larry Gossett and Rod Dembowski engaged with Seattle University's Fred T. Korematsu Center for Law and Equality ("the Korematsu Center") to assist in conducting research on leading practices on civil rights commissions in local jurisdictions across the United States.

9.  At the September 24, 2019, law and justice committee meeting, the Korematsu Center provided a briefing, Briefing 2019-B0149, on its final report, which included research findings and the following eleven recommendations:

  a.  grant greater authority to the civil rights commission to implement the county's civil rights laws;

  b.  include language in the enabling law of the commission that explicitly establishes the independence and objectivity of the work of the commission and its staff;

  c.  establish the commission's permanence through a new provision in the county charter;

  d.  to ensure independence and representation, create a balanced process for appointment of commissioners that takes into account the representation and input of protected classes;

  e.  to ensure independence, create a new position of executive director of the commission who would be responsible for the day-to-day operations of the commission and for the appointment and supervision of staff;

  f.  reestablish an independent staff, led by the executive director and separate from other offices in the executive branch, supported by sufficient funding and resources to accomplish the goals and workload contemplated by the ordinances;

  g.  consider whether renaming the commission to incorporate both civil rights and human rights into the name will enhance community engagement and inclusion in the work of the commission by indicating the county's commitment to protecting the rights of all residents;

  h.  engage in a robust stakeholder process to determine the need for new policies to address inequity proactively and propose related legislation;

  i.  consider expanding protections to additional classes of people to ensure equal treatment for broader segments of the population;

  j.  update affirmative action policy based on the scope of the new state law; and

  k.  explore interlocal agreements with municipalities located within the county that do not have the resources to enact or enforce their own civil rights laws.

10.  The Universal Declaration of Human Rights ("the UDHR") was proclaimed by the United Nations General Assembly on December 1948, by General Assembly Resolution 217 A.  The UDHR includes thirty articles that proclaims fundamental human rights to be universally protected for all peoples and all nations.

11.  Historically, bodies established to address racial conflict, inequality, and discrimination in local governments across the United States often included "human relations" in their names.  That label was so widely accepted that in the late 1990s, the United States Department of Justice, Community Relations Service issued Guidelines for Effective Human Relations Commissions.  More recently, however, most jurisdictions have moved away from the language of "human relations," and have moved toward incorporating either a human rights or a civil rights emphasis, or both, into the name of commissions focused on discrimination and equality.  Some local governments have also made an explicit commitment to refer to the UDHR to inform their work.  The field of human rights is broader, but encompasses civil rights, and including a commitment to human rights would expand advancing the rights of its residents.  Including "human rights" acknowledges the changing nature of the county's community, and its local government's commitment to including and promoting the rights of all, as stated in the UDHR, and serve to communicate to the community the broad vision King County would take in protecting the rights of its residents.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  Sections 2 through 9 of this ordinance should constitute a new chapter in K.C.C. Title 2.

                     NEW SECTION.  SECTION 2.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

                     A.  "Antidiscrimination ordinances" means K.C.C. chapters 2.15, 3.12D, 12.17, 12.18, 12.20 and 12.22 and K.C.C. 6.27A.120 and 7.08.080.

                     B.  "Commission" means the King County human and civil rights commission.

                     C.  "Protected class" means sex, race, color, age, gender, marital status, sexual orientation, religion, ancestry, national origin, disability or use of a service or assistive animal by an individual with a disability.

                     NEW SECTION.  SECTION 3.

                     A.  The King County human and civil rights commission is hereby established.

                     B.  The organization and administration of the commission shall be sufficiently independent to assure that no interference or influence external to the commission adversely affects the independence and objectivity of the commission.

                     C.  The commission is established to advance the human rights, including civil rights, of all county residents by representing the resident's interests and to ensure the principles of the United Nations Universal Declaration of Human Rights are applied in all the county does in order to achieve equity and protect county residents from discrimination.

                     NEW SECTION.  SECTION 4.  The commission shall have the following powers and duties:

                     A.  Enforce antidiscrimination ordinances and assist departments in complying with antidiscrimination ordinances;

                     B.  Assist departments in complying with the federal Americans with Disabilities Act of 1990, Section 504 of the federal Rehabilitation Act of 1973 and other laws and rules regarding access to county programs, facilities and services for people with disabilities;

                     C.  Serve as the county Americans with Disabilities Act coordinator relating to public access and process and respond to Americans with Disabilities Act grievances under the federal Americans with Disabilities Act of 1990;

                     D.  Serve as the county federal Civil Rights Act Title VI coordinator and investigate and coordinate responses to complaints filed under Title VI of the Civil Rights Act of 1964;

                     E.  Propose ordinances to the council to implement and carry out the purposes and provisions of this chapter which may include, but are not limited to, additional human and civil rights protections that strengthen county antidiscrimination ordinances, additional human and civil rights protections to address issues of concern to county residents, new policies to proactively prevent discrimination and address inequalities at the front end that would benefit communities who have historically lacked power in the community, policies related to affirmative action and updates to the county's list of protected class based on robust community and stakeholder engagement.  Community engagement shall be prioritized for communities most disproportionately impacted by inequities and discrimination such as the African American, Native American and Alaska Native, Asian/Pacific Islander, Latinx, lesbian, gay, bisexual, transgender and queer and disability communities.  Stakeholders should include, but not be limited to, the immigrant and refugee commission, the women's advisory board, Section 504/ADA advisory committee, the office of equity and social justice and the various King County Unincorporated Area Councils;

                     F.  Promulgate, amend and rescind rules and regulations as may be necessary to implement its authority under this chapter, including but not limited to, the investigation and enforcement of antidiscrimination ordinances and implementation of affirmative action policies;

                     G.  Conduct and prioritize a robust and ongoing community and stakeholder engagement process to ensure community input to implement and carry out the purposes and provisions of this chapter.  Community engagement shall be prioritized for communities most disproportionately impacted by inequities and discrimination such as the African American, Native American and Alaska Native, Asian/Pacific Islander, Latinx, lesbian, gay, bisexual, transgender and queer and disability communities.  Stakeholders should include, but not be limited to, the office of law enforcement oversight, the community advisory committee for law enforcement oversight, the immigrant and refugee commission, the women's advisory board, Section 504/ADA advisory committee, the office of equity and social justice, the county auditor, the hearing examiner, and the office of citizen complaints;

                     H.1.  Conduct research, public forums and educational programs on social stresses that impact the cohesion between groups in the county to support building of alliances;

                       2.  Conduct public hearings to ascertain the status and treatment of county residents based on their protected class;

                       3.  Evaluate means of alleviating discrimination and bias and of improving human relations within the county; and

                       4.  Issue such publications as may assist in enhancing the human and civil rights of all county residents;

                     I.  Upon approval of the council, enter into a written agreement with any governmental entity within King County, or any state or federal agency, whereby the commission and the entity may agree to jointly process, transfer, or refer from one to the other for processing and investigation an individual's complaint alleging unlawful discrimination, sexual harassment or other human and civil rights violation;

                     J.  Whenever practical, coordinate with any governmental entity within King County, or any state or federal agency charged with investigating discrimination to avoid duplication of effort and create effective working relationships;

                     K.  Monitor and review the implementation of antidiscrimination ordinances and affirmative action policies to determine compliance and effectiveness;

                     L.  Lead county efforts in raising community awareness, conducting education, assistance and information programs on human and civil rights issues and on the purpose and work of the commission;

                     M.  Advise the county executive, the council and the public on the following:

                       1.  The county's equal employment opportunity affirmative action plan;

                        2.  County policies, programs and other initiatives related to human and civil rights or that impact communities most disproportionately impacted by inequities and discrimination such as the African American, Native American and Alaska Native, Asian/Pacific Islander, Latinx, lesbian, gay, bisexual, transgender and queer and disability communities; and

                       3.  Equitable allocation of county resources, with investments that are consistent with human and civil rights values, focused on people and places with the greatest needs;

                     N.  Adopt bylaws to support the powers and duties as required by this chapter for the executive director, staff and its own conduct; and

                     O.  Beginning in 2021, deliver an annual report to the county executive and council that shall include, but not be limited to, a quantitative and qualitative summary of completed and ongoing commission activities as required in this chapter, progress on the work program outlined in the prior calendar year annual report and a work program for the following calendar year.  The commission shall file the report by April 15 of each year, 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, county executive and the council chief of staff.  The report shall be available on the county website, distributed widely to the communities most impacted by inequities and shared with the media.  The commission shall provide annual briefings to media and elected officials representing cities, the county and the state to ensure that the commission's lessons learned and achievements are shared with the public and policy makers.

                     NEW SECTION.  SECTION 5.

                     A.  The commission shall be composed of eleven regular members and up to five special members with the following requirements:

                       1.  Membership shall reflect representation from a broad range of protected classes to reflect the diversity of the county's communities, with an emphasis on those most disproportionately impacted by inequities and discrimination such as the African American, Native American and Alaska Native, Asian/Pacific Islander, Latinx, lesbian, gay, bisexual, transgender and queer and disability communities;

                       2.  All members shall demonstrate active and engaged civic participation in human and civil rights and be well-versed on the issues affecting the county's communities;

                       3.  Membership shall reflect gender diversity;

                       4.  Membership shall represent a diverse range of age groups;

                       5.  At least one regular member shall have experience with investigations and enforcement of human and/or civil rights or both;

                       6.  At least one regular member shall have experience with the federal Americans with Disabilities Act of 1990, Section 504 of the federal Rehabilitation Act of 1973 or other laws, regulations and rules related to individuals with disabilities;

                       7.  At least one regular member shall have familiarity with King County government, systems and agencies;

                       8.  All members must be residents of King County; and

                       9.  A member shall not hold or campaign for elective office.

                     B.  One special member shall be appointed from each governmental entity within King County that has entered into an interlocal agreement with King County for the county to provide the services of investigating and enforcing antidiscrimination laws adopted by that governmental entity, in accordance with the terms of the interlocal agreement and this chapter.  Appointment of a special member shall be in accordance with the procedures of the appointing governmental entity.  Except as otherwise provided in this section, the term of any special member position for a governmental entity under this section shall be coterminous with the term of the governmental entity's interlocal agreement with the county.  If there are six or more governmental entities that have entered into an interlocal agreement with King County for the county to provide services of investigating and enforcing antidiscrimination laws, then those governmental entities shall convene to select individuals to the five special member positions, the term of each shall be determined by the convening governmental entities but shall not exceed the term of the interlocal agreement of the governmental entity appointing the individual.

                     C.  For the initial selection of regular members and for vacancies of regular members thereafter, the county executive and council shall jointly announce a call for applications to seek candidates for appointment.  The county executive and council shall work collaboratively to ensure that the announcement is publicized widely, in particular to those communities that are disproportionately impacted by inequities and discrimination such as the African American, Native American and Alaska Native, Asian/Pacific Islander, Latinx, lesbian, gay, bisexual, transgender and queer and disability communities.  Publicity methods shall include, but not be limited to, non-English language newspapers and periodicals, community-based organizations and community leaders with expertise and focus on human and civil rights and the county's website.

                     D.1.  For initial appointments of regular members to the commission, a recommending committee, comprised of two council representatives appointed by the council chair and two representatives selected by the executive, shall review the applications submitted in response to the call for applications set forth in subsection C. of this section.  The committee shall prepare a list of applicants recommended as candidates for the executive's consideration.  In making its recommendations, the committee shall ensure that the candidates recommended for appointment meet the requirements as outlined in this section.

                       2.  For vacancies of regular members of the commission, a recommending committee, comprised of two council representatives appointed by the council chair, two representatives selected by the executive and up to three former members of the human and civil rights commission recommended by the chair of the commission, shall review the applications submitted in response to the call for applications set forth in subsection C. of this section.  The committee shall prepare a list of applicants recommended as candidates for the executive's consideration.  In making its recommendations, the committee shall ensure that the candidates recommended for appointment meet the requirements as outlined in this section.

                     E.  Ten regular members of the commission shall be appointed by the county executive and confirmed by the council.  The eleventh member shall be appointed by the other ten regular members and confirmed by the council.  The commission shall ensure that the eleventh member shall meet the requirements as outlined in this section.

                     F.  For the initial commission formation, five regular commission positions shall have initial terms of three years, three positions shall have initial terms of two years and the remainder of the positions shall have initial terms of one year.  The commission shall determine by lot the initial term for each regular commission position.

                     G.  At the conclusion of the initial term of each appointment for regular members, all subsequent terms of each regular position shall be for three years.  A commission member whose term has expired may continue to serve into the following term until a successor has been appointed to complete the term.  A regular member shall not serve more than two consecutive terms.  A vacancy for an unexpired term of a regular member shall be filled by the appointment process provided for in this section.

                     H.  At its first meeting after January 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.  In the absence of the chairperson, the vice-chairperson shall preside.

                     I.  Regular members of the commission may remove a regular member for cause with eight regular members voting in favor of the removal, subject to approval by the council.

                     NEW SECTION.  SECTION 6.

                     A.  The commission may issue a subpoena to compel any individual to appear, give sworn testimony or produce documentary or other evidence reasonable in scope and relevant to the matter under inquiry and limited to the matters associated with the authority granted under the county's antidiscrimination ordinances.

                     B.  An individual required by the commission to provide information shall be paid the same fees and allowances, in the same manner and under the same conditions, as are extended to witnesses whose attendance has been required in the courts of this state, excepting that city or county employees who are receiving compensation for the time that they are witnesses shall not be paid the set fees and allowances.

                     C.  An individual who, with or without service of compulsory process, provides oral or documentary information requested by the commission shall be accorded the same privileges and immunities as are extended to witnesses in the courts of this state.

                     D.  Any witness in a proceeding before the commission shall have the right to be represented by counsel.

                     E.  If an individual fails to obey a subpoena, or obeys a subpoena but refuses to testify when requested concerning any matter under examination or investigation at the hearing, the commission may petition the superior court of King County for enforcement of the subpoena.  The petition shall be accompanied by a copy of the subpoena and proof of service, and shall set forth in what specific manner the subpoena has not been complied with, and shall ask an order of the court to compel the witness to appear and testify before the commission.  The court, upon such a petition, shall enter an order directing the witness to appear before the court at a time and place to be fixed in the order, and then and there to show cause why the witness has not responded to the subpoena or has refused to testify.  A copy of the order shall be served upon the witness.  If it appears to the court that the subpoena was properly issued and that the particular questions that the witness refuses to answer are reasonable and relevant, the court shall enter an order that the witness appear at the time and place fixed in the order and testify or produce the required papers and on failing to obey the order the witness shall be dealt with as for a contempt of court.

                     NEW SECTION.  SECTION 7.

                     A.  The commission shall appoint an executive director, who shall be confirmed by the council by motion.  The commission shall commit to affirmative action practices and consider principles of racial justice and equity in appointing an executive director.

                     B.  Under the supervision of the commission, the executive director shall:

                       1.  Perform the duties included in sections 4 and 6 of this ordinance, as delegated by the commission;

                       2.    Upon approval by the commission, make and enforce contracts;

                       3.  Propose to the commission a recommended budget; and

                       4.  coordinate with county departments, governmental entities within King County, any state or federal agency and any other stakeholders that would support the work of the commission;

                       5.  Disburse funds as authorized by the commission's budget and by county ordinances; accept funds due to the county on account of the work of the commission; and deposit funds received to be deposited to the county;

                       6.  Upon approval by the commission, develop job descriptions, appoint and remove staff, manage the work of the staff and delegate authority to staff as appropriate; and

                       7.  Perform other duties as assigned by the commission.

                     C.  Neither the executive director nor staff to the commission may hold or campaign for elective office.

                     D.  The commission may remove its executive director for cause upon a two-thirds majority vote of its membership and notice of that vote to the council and shall be effective thirty days after the notice to the council unless the council, within that thirty day period, by a six vote majority passes a motion rejecting the removal of the executive director.

                     E.  The commission shall adopt rules that specify those duties and responsibilities that may be delegated to the executive director and staff, and those duties and responsibilities that shall remain with the members of the commission.

                     F.  An employee from the office of equity and social justice shall staff the commission until the initial executive director is appointed by the commission.

                     NEW SECTION.  SECTION 8.

                     A.  The council shall appropriate available moneys to support the activities of the commission as required by this chapter.

                     B.  The council shall delegate to the commission to transmit a biennial budget to the executive and comply with budgeting and reporting requirements as outlined in K.C.C. chapter 4A.100.

                     C.  Commission members shall receive per diem compensation of fifty dollars for attendance at one commission meeting per month.  The purpose of the compensation is to alleviate financial burden as a barrier to serving as a commission member and ensure representation from communities that are most impacted by inequities and discrimination. Commission members also may receive reimbursements as authorized in subsection D. of this section.  The per diem amount shall be automatically adjusted annually, beginning January 1, 2021, and every year thereafter, using the U.S. Department of Labor, Bureau of Labor Statistics Consumer January through December Price Index for All Urban Consumers for the Seattle-Tacoma-Bremerton Statistical Metropolitan Area, which is known as "the CPI-U".  However, if the CPI-U is negative, there shall not be an adjustment.

                     D.  Commission members shall be reimbursed for mileage at the standard county reimbursement rate for travel to and from scheduled commission meetings, workgroup meetings and community meetings, and for parking at meetings.

                     NEW SECTION.  SECTION 9.  All boards and commissions, county departments or agencies and the officers, employees and agents of those departments and agencies shall cooperate fully and in good faith with the commission to support the powers and duties of the commission as required by this chapter.

                     SECTION 10.  Ordinance 18665, Section 8, and K.C.C. 2.15.100 are hereby amended to read as follows:

                     A person who has been injured or otherwise sustained damages as a result of a violation of this chapter may file a complaint with the ((King County office of)) human and civil rights commission in accordance with K.C.C. 12.22.040.

                     SECTION 11.  Ordinance 14199, Section 11, as amended, and K.C.C. 2.16.035 are hereby amended to read as follows:

                     A.  The county administrative officer shall be the director of the department of executive services.  The department shall include the records and licensing services division, the finance and business operations division, the facilities management division, the fleet services division, the airport division, the administrative office of risk management, the administrative office of emergency management((,)) and the administrative office of the business resource center ((and the administrative office of civil rights)).  In addition, the county administrative officer shall be responsible for providing staff support for the board of ethics.

                     ((A.)) B.  The duties of the records and licensing services division shall include the following:

                       1.  Issuing marriage, vehicle/vessel, taxicab and for-hire driver and vehicle and pet licenses, collecting license fee revenues and providing licensing services for the public;

                       2.  Enforcing county and state laws relating to animal control;

                       3.  Managing the recording, processing, filing, storing, retrieval and certification of copies of all public documents filed with the division as required;

                       4.  Processing all real estate tax affidavits; and

                       5.  Acting as the official custodian of all county records, as required by general law, except as otherwise provided by ordinance.

                     ((B.)) C.  The duties of the finance and business operations division shall include the following:

                       1.  Monitoring revenue and expenditures for the county.  The collection and reporting of revenue and expenditure data shall provide sufficient information to the executive and to the council.  The division shall be ultimately responsible for maintaining the county's official revenue and expenditure data;

                       2.  Performing the functions of the county treasurer;

                       3.  Billing and collecting real and personal property taxes, local improvement district assessments and gambling taxes;

                       4.  Processing transit revenue;

                       5.  Receiving and investing all county and political subjurisdiction moneys;

                       6.  Managing the issuance and payment of the county's debt instruments;

                       7.  Managing the accounting systems and procedures;

                       8.  Managing the fixed assets system and procedures;

                       9.  Formulating and implementing financial policies for other than revenues and expenditures for the county and other applicable agencies;

                       10.  Administering the accounts payable and accounts receivable functions;

                       11.  Collecting fines and monetary penalties imposed by district courts;

                       12.  Developing and administering procedures for the procurement of and awarding of contracts for tangible personal property, services, professional or technical services and public work in accordance with K.C.C. chapter 2.93 and applicable federal and state laws and regulations;

                       13.  Establishing and administering procurement and contracting methods, and bid and proposal processes, to obtain such procurements;

                       14.  In consultation with the prosecuting attorney's office and office of risk management, developing and overseeing the use of standard procurement and contract documents for such procurements;

                       15.  Administering contracts for goods and services that are provided to more than one department;

                       16.  Providing comment and assistance to departments on the development of specifications and scopes of work, in negotiations for such procurements, and in the administration of contracts;

                       17.  Assisting departments to perform cost or price analyses for the procurement of tangible personal property, services and professional or technical services, and price analysis for public work procurements;

                       18.  Developing, maintaining and revising as may be necessary from time to time the county's general terms and conditions for contracts for the procurement of tangible personal property, services, professional or technical services and public work;

                       19.  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;

                       20.  Managing and developing financial policies for borrowing of funds, financial systems and other financial operations for the county and other applicable agencies;

                       21.  Managing the contracting opportunities program to increase opportunities for small contractors and suppliers to participate on county-funded contracts.  Submit an annual report as required by K.C.C. 2.97.090;

                       22.  Managing the apprenticeship program to optimize the number of apprentices working on county construction projects.  Submit an annual report as required by K.C.C. 12.16.175; and

                       23.  Serving as the disadvantaged business enterprise liaison officer for federal Department of Transportation and other federal grant program purposes.  The disadvantaged business enterprise liaison officer shall have direct, independent access to the executive on disadvantaged business enterprise program matters consistent with 49 C.F.R. Sec. 26.25.  For other matters, the disadvantaged business enterprise liaison officer shall report to the manager of the finance and business operations division.

                     ((C.)) D.  The duties of the facilities management division shall include the following:

                       1.  Overseeing space planning for county agencies;

                       2.  Administering and maintaining in good general condition the county's buildings except for those managed and maintained by the department of natural resources and parks and the Metro transit department as provided in K.C.C. chapter 4.56;

                       3.  Operating security programs for county facilities except as otherwise determined by the council;

                       4.  Administering all county facility parking programs except for public transportation facility parking;

                       5.  Administering the supported employment program;

                       6.  Managing all real property owned or leased by the county, except as provided in K.C.C. chapter 4.56, ensuring, where applicable, that properties generate revenues closely approximating fair market value;

                       7.  Maintaining a current inventory of all county-owned or leased real property;

                       8.  Functioning as the sole agent for the disposal of real properties deemed surplus to the needs of the county;

                       9.  In accordance with K.C.C. chapter 4A.100, providing support services to county agencies in the acquisition of real properties, except as otherwise specified by ordinance;

                       10.  Issuing oversized vehicle permits, franchises and permits and easements for the use of county property except franchises for cable television and telecommunications;

                       11.  Overseeing the development of capital projects for all county agencies except for specialized roads, solid waste, public transportation, airport, water pollution abatement, surface water management projects and parks and recreation;

                       12.  Being responsible for all general projects, such as office buildings or warehouses, for any county department including, but not limited to, the following:

                         a.  administering professional services and construction contracts;

                         b.  acting as the county's representative during site master plan, design and construction activities;

                         c.  managing county funds and project budgets related to capital projects;

                         d.  assisting county agencies in the acquisition of appropriate facility sites;

                         e.  formulating guidelines for the development of operational and capital project plans;

                         f.  assisting user agencies in the development of capital projects and project plans, as defined and provided for in K.C.C. chapter 4A.100;

                         g.  formulating guidelines for the use of life cycle cost analysis and applying these guidelines in all appropriate phases of the capital process;

                         h.  ensuring the conformity of capital project plans with the adopted space plan and agency business plans;

                         i.  developing project cost estimates that are included in capital project plans, site master plans, capital projects and biennial project budget requests;

                         j.  providing advisory services, feasibility studies or both services and studies to projects as required and for which there is budgetary authority;

                         k.  coordinating with user agencies to assure user program requirements are addressed through the capital development process as set forth in this chapter and in K.C.C. chapter 4A.100;

                         l.  providing engineering support on capital projects to user agencies as requested and for which there is budgetary authority; and

                         m.  providing assistance in developing the executive budget for capital projects; and

                       13.  Providing for the operation of a downtown winter shelter for homeless persons between October 15 and April 30 each year.

                     ((D.)) E.  The duties of the fleet services division shall include the following:

                       1.  Acquiring, maintaining and managing the motor pool equipment rental and revolving fund for fleet vehicles and equipment, the equipment rental and revolving fund and the wastewater equipment rental and revolving fund.  Metro transit department vehicles determined by the Metro transit department director to be intricately involved in or related to providing public transportation services shall not be part of the motor pool;

                       2.  Establishing rates for the rental of equipment and vehicles;

                       3.  Establishing terms and charges for the sale of any material or supplies that have been purchased, maintained or manufactured with money from the motor pool and equipment revolving fund, the equipment rental and revolving fund and the wastewater equipment rental and revolving fund;

                       4.  Managing fleet and equipment training programs, stores function and vehicle repair facilities;

                       5.  Administering the county alternative fuel program and take-home assignment of county vehicles policy; and

                       6.  Inventorying, monitoring losses and disposing of county personal property in accordance with K.C.C. chapter 4.56.

                     ((E.)) F.  The duties of the airport division shall include managing the maintenance and operations of the King County international airport, and shall include the following:

                       1.  Developing and implementing airport programs under state and federal law including preparing policy recommendations and service models;

                       2.  Managing and maintaining the airport system infrastructure;

                       3.  Managing, or securing services from other divisions, departments or entities to perform, the design, engineering and construction management functions related to the airport capital program, including new facilities development and maintenance of existing infrastructure; providing support services such as project management, environmental review, permit and right-of-way acquisitions, schedule and project control functions; and

                       4.  Preparing and administering airport service and supporting capital facility plans and periodic updates.

                     ((F.)) G.  The duties of the administrative office of risk management shall include the management of the county's insurance and risk management programs consistent with K.C.C. chapter 2.21.

                     ((G.)) H.  The duties of the administrative office of emergency management shall include the following:

                       1.  Planning for and providing effective direction, control and coordinated response to emergencies; and

                       2.  Being responsible for the emergency management functions defined in K.C.C. chapter 2.56.

                     ((H.  The duties of the administrative office of civil rights shall include the following:

                       1.  Enforcing nondiscrimination ordinances as codified in K.C.C. chapters 12.17, 12.18, 12.20 and 12.22;

                       2.  Assisting departments in complying with the federal Americans with Disabilities Act of 1990, the federal Rehabilitation Act of 1973, Section 504, and other legislation and rules regarding access to county programs, facilities and services for people with disabilities;

                       3.  Serving as the county Americans with Disabilities Act coordinator relating to public access;

                       4.  Providing staff support to the county civil rights commission;

                       5.  Serving as the county federal Civil Rights Act Title VI coordinator; and

                       6.  Coordinating county responses to federal Civil Rights Act Title VI issues and investigating complaints filed under Title VI.))

                     I.  The duties of the administrative office of the business resource center shall include the following:

                       1.  The implementation and maintenance of those systems necessary to generate a regular and predictable payroll through the finance and business operations division;

                       2.  The implementation and maintenance of those systems necessary to provide regular and predictable financial accounting and procedures through the finance and business operations division;

                       3.  The implementation and maintenance of those systems necessary to generate regular and predictable county budgets, budget reports and budget management tools for the county; and

                       4.  The implementation and maintenance of the human resources systems of record for all human resources data for county employment purposes.

                     SECTION 12.  Ordinance 15548, Section 1, as amended, and K.C.C. 2.28.0015 are hereby amended to read as follows:

                     A.  Each councilmember must provide the executive with a nomination to represent the councilmember's council district.  If the executive does not appoint the person nominated by the councilmember, the executive shall request that the councilmember nominate another person.

                     B.  At-large positions designated for the council shall be appointed by the executive after receiving nominations from the council.  When notified of a vacancy in one of these four at-large positions, the council chair shall inform the council at an open public meeting of the vacancy and seek nominations from councilmembers.  At a subsequent council meeting, the chair shall inform the council of the names of all nominees received from councilmembers and that all nominations have been forwarded to the executive.  If the executive does not appoint a person who has been nominated by the council, the executive must request that the council nominate other candidates for appointment.

                     C.  When appointing and confirming members to boards, commissions and committees it shall be the goal to have geographical diversity and balance.  The women's advisory board created under K.C.C. 2.30.010, the conservation futures advisory committee established under K.C.C. 2.36.070((,)) and the Harborview Medical Center board of trustees established under K.C.C. 2.42.030 ((and the civil rights commission created under K.C.C. 3.10.010)), should not have more than two members from a single council district.  This subsection does not apply to a board, commission or committee until the board, commission or committee attains the council district and at-large membership as specified in Ordinance 15548, Section 7.

                     SECTION 13.  Ordinance 12058, Section 9, as amended, and K.C.C. 2.55.010 are hereby amended to read as follows:

                     A.  ((Creation.))  There is hereby created a King County Section 504/Americans with Disabilities Act ((hereinafter referred to as the ADA) A))advisory ((C))committee, ((hereinafter referred to as)), referred to in this section as the 504/ADA committee.

                     B.  ((Composition.))  The 504/ADA committee shall be composed of not less than three individuals, subject to confirmation by the county council, including the chair.  The executive shall appoint the chair ((who will also serve on the civil rights commission to ensure coordination of efforts)).

                     C.  ((Purpose.))  The 504/ADA committee shall serve in an advisory capacity to the executive in developing strategies, systems and guidelines in implementing the 504/ADA Compliance Workplan.  The functions of the 504/ADA committee shall include, but not be limited to, the following:

                       1.  Review the ((504/ADA)) Section 504 of the Americans with Disabilities Act compliance workplan and make recommendations towards improving its effectiveness;

                       2.  Review and monitor the progress of the ((504/ADA)) Section 504 of the Americans with Disabilities Act compliance workplan; and

                       3.  Review and monitor the affirmative action progress made in the employment of persons with disabilities in the county's workforce.

                     D.  ((Staffing.))  Appropriate staff to the 504/ADA committee shall be provided by the executive, including the Section 504((/ADA)) 504 of the Americans with Disabilities Act compliance specialist in such department of information and administrative services.

                     E.  ((Designation of Americans with Disabilities Act coordinator.))  The Section 504((/ADA)) of the Americans with Disabilities Act compliance specialist in the department of information and administrative services is the designated county employee to coordinate the county's effort to comply with and carry out its responsibilities under the ((ADA)) Americans with Disabilities Act and its implementing regulations.

                     SECTION 14.  The following are hereby repealed:

                     A.  Ordinance 2647, Section 3, as amended, and K.C.C. 3.10.010;

                     B.  Ordinance 2647, Section 4, as amended, and K.C.C. 3.10.020;

                     C.  Ordinance 2647, Section 5, as amended, and K.C.C. 3.10.030;

                     D.  Ordinance 12058, Section 4, and K.C.C. 3.10.040;

                     E.  Ordinance 2647, Section 7, as amended, and K.C.C. 3.10.050;

                     F.  Ordinance 2647, Section 8, as amended, and K.C.C. 3.10.060; and

                     G.  Ordinance 6891, Section 4, as amended, and K.C.C. 3.10.070.

                     SECTION 15.  Ordinance 18757, Section 4, and K.C.C. 3.12D.020 are hereby amended to read as follows:

                     The executive, assessor, director of elections, sheriff, council and prosecuting attorney shall report biennially on the number of workplace discrimination and harassment complaints, including sexual harassment, and inappropriate conduct complaints and, when possible, informal inquiries, received by each department each year.  The report shall indicate the basis or bases of the complaint, which may be race, color, gender, age, creed, disability, marital status, national origin, religion, pregnancy, gender identity or expression, domestic violence victimization, sexual orientation, honorably discharged veteran or military status, use of service or assistive animal by a person with a disability or any other status protected by federal, state or local law.  The ((office of)) human and civil rights commission shall report on the number of unfair employment practice complaints filed, the basis or bases of the complaint, the number of investigations of unfair employment practices in the reporting year and the number of findings that reasonable cause exists to believe that an unfair employment practice occurred.  The first report shall be transmitted to the council by December 31, 2019.  All reports under this section shall be in the form of a paper original and an electronic copy filed with the clerk of the council who, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff and the policy staff director.

                     NEW SECTION. SECTION 16.  There is hereby added to K.C.C. chapter 4A.200 a new section to read as follows:

                     A.  There is hereby created the human and civil rights commission fund to assure the independence of the commission.

                     B.  The fund shall be a second tier fund.  It is a subfund of the general fund.

                     C.  The executive director of the human and civil rights commission shall be the manager of the fund.

                     D.  The fund shall be used to support the activities of the human and civil rights commission.

                     SECTION 17.  Ordinance 10159, Section 14, and K.C.C. 6.27A.120 are hereby amended to read as follows:

                     A.  A franchisee or applicant for a franchise shall not deny cable service, or otherwise discriminate against any subscriber, access programmer or resident on the basis of race, color, religion, national origin, physical or mental disability, age, political affiliation, marital status, sexual orientation, gender identity or expression, sex or income of the residents of the area in which the person resides.  The franchisee shall comply at all times with all other applicable federal, state and local laws, rules and regulations relating to ((nondiscrimination)) antidiscrimination.

                     B.  A franchisee shall not refuse to employ, nor discharge from employment, nor discriminate against any ((person)) individual in compensation or in terms, conditions or privileges of employment because of race, color, religion, national origin, physical disability, age, political affiliation, marital status, sexual orientation, gender identity or expression, sex or income.

                     C.  A franchisee shall comply with all applicable federal, state and local equal employment opportunity requirements.

                     D.  The franchisee shall establish, maintain and execute an equal employment opportunity plan and a minority/women's business procurement program, which shall be consistent with the intent of the county's affirmative action and minority/women's business procurement policies.  Upon request, the franchisee shall file with the cable office a copy of their equal employment opportunity report submitted annually to the FCC and shall file with King County ((office of)) human and civil rights commission and compliance an annual compliance report detailing its progress with its minority/women's business procurement program during the previous year.  The franchisee must also provide the cable office, upon request, copies of all other reports and information filed with federal, state or local agencies concerning equal employment opportunity or employment discrimination laws.  This subsection shall apply only to franchise agreements entered into after December 2, 1991.

                     E.  Despite the other provisions of this section, no provision of this section shall invalidate any other section of this chapter.

                     SECTION 18.  Ordinance 15399, Section 4, as amended, and K.C.C. 12.17.004 are hereby amended to read as follows:

                     This chapter shall be liberally construed for accomplishment of its policies and purposes.  This chapter shall not be construed to endorse any specific belief, practice, behavior or orientation.  Nothing in this chapter relating to gender identity or expression-based discrimination affects the ability of an employer to require an employee to adhere to reasonable workplace appearance, grooming and dress standards not precluded by other provisions of state or federal law, though an employer shall allow an employee to appear or dress consistently with the employee's gender identity or expression.

                     SECTION 19.  Ordinance 13981, Section 2, as amended, and K.C.C. 12.17.010 are hereby amended to read as follows:

                     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

                     A.  "Business enterprise" means a licensed business organization located in or doing business in unincorporated King County or that is required to comply with this chapter by the terms of an agreement with King County under K.C.C. 12.17.100.

                     B.  "Charging party" means the person aggrieved by an alleged unfair contracting practice or the person making a complaint on another person's behalf, or the ((office of)) human and civil rights commission when the ((office of))