Subtitle III. Boards and Commissions*
*Cross reference(s) – Library board, ch. 4.03; appeals board for building and construction standards, ch. 14.01.
Chapter 2.50
APPOINTIVE BOARDS, COMMISSIONS, AND COMMITTEES
Sections:
2.50.010 Definitions.
2.50.020 Applicability of chapter.
2.50.030 Advisory capacity.
2.50.040 Actions.
2.50.050 Administrative support.
2.50.060 Appointments.
2.50.070 Compensation.
2.50.080 Conflicts of interest.
2.50.090 Organization and meetings.
2.50.100 Minutes.
2.50.110 Political affiliations and use of public facilities or political purposes.
2.50.120 Quorum.
2.50.130 Removal from office.
2.50.140 Reports.
2.50.150 Vacancies.
2.50.010 Definitions.
As used in this title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
A. Appointive commission means an agency, board, commission, or committee of the city whose members are appointed by the mayor and confirmed by the city council.
B. Member means an individual appointed and confirmed to serve on an appointive commission.
C. Resident means a person who resides within the corporate limits of the city.
D. Quorum means the minimum number of members of an appointive commission required to be present for business to be transacted. A quorum shall consist of a majority of the then current membership of an appointive commission, unless otherwise provided by this chapter or state law.
(Ord. No. 4406, § 1, 7-6-21)
2.50.020 Applicability of chapter.
The provisions of this chapter shall apply to each appointive commission created by the city council, except as may otherwise be provided for by another provision of this title or where in conflict with state law. Should any provision of this chapter conflict with a provision of a chapter specific to a particular appointive commission, the provision specific to the particular appointive commission shall control.
(Ord. No. 4406, § 1, 7-6-21)
2.50.030 Advisory capacity.
Each appointive commission serves in an advisory capacity and may make recommendations for action to the mayor, city council, chief administrative officer, or city staff, as appropriate. However, appointive commissions shall have no independent authority to act unless such authority has been expressly delegated to them by the mayor or city council.
(Ord. No. 4406, § 1, 7-6-21)
2.50.040 Actions.
An action of an appointive commission done by motion at a regular or special meeting and approved by a majority vote of those present, when those present constitute a quorum, is deemed to be an action of the appointive commission.
(Ord. No. 4406, § 1, 7-6-21)
2.50.050 Administrative support.
The amount of administrative support supplied to an appointive commission is determined by the mayor or designee; provided, that the mayor or designee shall at a minimum: (1) appoint to each appointive commission a city staff representative who shall serve as the secretary of that appointive commission for the purpose of giving public notice of meetings, recording meeting minutes, retaining commission records and providing them to the city clerk as requested, and providing those other duties provided for by this chapter; and (2) provide adequate space and facilities and necessary supplies to facilitate the official business of the appointive commission.
(Ord. No. 4406, § 1, 7-6-21)
2.50.060 Appointments.
Members of an appointive commission are appointed by the mayor and confirmed by the city council.
A. Qualifications.
1. Eligible appointees shall be persons of mature judgment and ability to analyze and consider matters within the purview of the relevant appointive commission. The mayor may appoint who, in the mayor’s sole discretion, is the most qualified for the position based on an appointee’s professional experience, education, or demonstrated knowledge of the issues and matters relevant to the appointive commission.
2. Unless otherwise provided for in this title, if an appointive commission includes a youth representative position, individuals eligible for appointment to that position are those who are 24 years of age or younger. If an interested and qualified youth representative is unavailable to fill any such position, the mayor may appoint a non-youth applicant to the available position.
3. Except as otherwise provided in this title, members of an appointive commission must reside or work within the city or be a student attending a school within the Kent School District.
B. Process.
1. In obtaining an applicant pool from which to make mayoral appointments, the mayor will utilize a recruitment process that seeks to accomplish the following council goals:
a. Produce a diverse applicant pool that reflects the diversity of the Kent community;
b. Seek new voices and fresh perspectives to balance historical experience and knowledge; and
c. Sufficiently inform the public of the available opportunity.
2. Notifications concerning available appointment opportunities will utilize some or all of the following:
a. Posts on the city’s webpage;
b. Posts on the city’s social media accounts;
c. Published notices in print or online newspapers, which may include non-English publications;
d. Emails or posts to appropriate professional associations;
e. Notifications to local diversity and equity inclusion offices, including educational and community-based organizations.
C. Review and recommendation by council. Applications for mayoral appointments may be reviewed upon request by any member of the city council, who may also suggest the mayor review or consider an applicant for appointment.
D. Retention of applications. If an applicant is not initially selected by the mayor for appointment at the time the applicant originally submitted their application, their application will be retained on file for at least one year and consulted again in the future as opportunities arise. Should a vacancy occur on any appointive commission, the mayor may consult retained applications, may conduct a new recruitment seeking interested applicants, and may select an appointee from either retained applications or new applications received.
E. Staggered terms. In making an appointment, the mayor may elect to appoint an applicant to an inaugural term that is shorter in length than the full term authorized under subsection (F) of this section in order to ensure representation on any appointive commission is appropriately balanced with experienced members and new members.
F. Alternate member permissive. The mayor may appoint one or more alternates to any appointive commission. Like other appointees, an alternate is expected to attend all commission meetings and participate in discussion. Only through regular attendance may members and alternates fulfill their responsibilities to the commissions they represent.
1. Multiple alternates. If more than one alternate serves on any appointive commission, the alternates shall be ranked according to their length of service as an alternate on the commission, with the alternate who has the greater length of service being given a higher rank in priority to the duties provided by this subsection.
2. Pro tempore authority. An alternate will serve in a nonvoting capacity when all regular members are present at a meeting of the appointive commission. When a regular member of the appointive commission is absent from a meeting, the alternate will serve as a pro tempore voting member for that meeting and may vote on all matters before the appointive commission. In the event two or more alternates have the same length of service, the chair shall select one alternate from those eligible alternates to perform the pro tempore duties provided by this subsection at any meeting of an appointive commission.
3. Promotion to member position. Should a position as a regular member on the appointive commission become available during the alternate’s term, the alternate will assume that position as a regular member without any further council confirmation required. In the event two or more alternates have the same length of service, the mayor shall select one alternate from those eligible alternates to promote to the available member position. In the event the alternate the mayor identified for promotion declines to assume the member position, the member position shall be filled by another eligible alternate who has not declined to serve; provided, that in the event of a continued tie in length of service between eligible alternates who have not declined to serve, the alternate entitled to promotion shall be selected by the mayor.
G. Terms of office. The term of office for members appointed to an appointive commission shall be three years, except as provided below.
1. Members of an appointive commission may only serve up to two consecutive terms, except for those members appointed to an inaugural term that is less than three years in length. If a member was appointed to an inaugural term that was less than three years in length, then that member shall be permitted to serve two consecutive three-year terms after the inaugural term expires.
2. A person who is ineligible to serve for having served two or more consecutive terms may again serve:
a. After two years have elapsed from the expiration of their last term; or
b. After no other qualified applicant applied for the available position and the mayor requests the member continue serving on the appointive commission.
3. When a vacancy occurs on an appointive commission for which an alternate has been appointed, the alternate will assume the vacant position as a regular member without any further council confirmation required. If the alternate becomes a regular member of the appointive commission, the alternate member’s three-year term will begin anew upon appointment as a regular member. The mayor may then appoint a new alternate member consistent with the process that applies to original appointments as provided for in this chapter.
4. If a vacancy occurs on an appointive commission for which there is no person serving in an alternate position, the mayor may appoint a new member to fill the remainder of the vacant position’s unexpired term. In such event, the mayor’s appointment shall be made consistent with original appointments as provided for in this chapter.
5. The term limits provided for in this section shall not apply to any alternate member position.
6. This section shall in no way serve to limit the number of terms a sitting councilmember may serve on an appointive commission.
(Ord. No. 4406, § 1, 7-6-21)
2.50.070 Compensation.
Members of an appointive commission shall serve without compensation.
(Ord. No. 4406, § 1, 7-6-21)
2.50.080 Conflicts of interest.
If a member of an appointive commission concludes that they have a conflict of interest or an appearance of fairness problem with respect to a matter pending before the appointive commission so that they cannot discharge their duties on such an appointive commission, they shall disqualify themselves from participating in the deliberations and the decision-making process with respect to the matter. (Ord. No. 4406, § 1, 7-6-21)
2.50.090 Organization and meetings.
A. Election of officers. Each appointive commission shall elect from among its members a chair, who shall preside at all meetings, and a vice chair, who shall preside in the absence of the chair. The chair and vice chair shall be elected annually. The secretary of each appointive commission shall be the city administrative support personnel appointed under KCC 2.50.050.
1. The chair shall perform the following duties:
a. Set the appointive commission’s agenda, in coordination with the vice chair, the secretary, and the city department liaison if different from the secretary;
b. Preside over all meetings of the appointive commission, preserve order and decorum, decide all questions of order and conduct the meeting’s proceedings using the rules contained in Robert’s Rules of Order where applicable, with the chair having the ultimate decision of how the meeting will be conducted;
c. Call special meetings and cancel regular meetings for cause, including lack of a quorum, in coordination with the vice chair, secretary, and the city department liaison as may be appropriate;
d. Act as the appointive commission’s liaison with the council, the mayor, and city staff on policy issues;
e. Nominate or appoint members of the appointive commission to any subcommittee the appointive commission may form;
f. Serve as the appointive commission’s focal point for council, mayor, and staff and as principal spokesperson for the appointive commission;
g. Oversee the distribution of the appointive commission’s agenda and materials during the commission’s meetings;
h. Make any necessary public appearances on behalf of the appointive commission at meetings of the city council, mayor, and any other bodies requiring representation of the appointive commission;
i. Facilitate the annual officer election process; and
j. Appoint a chair pro tempore when both the chair and vice chair are absent, who shall have the same authority and duties as the chair.
2. The vice chair shall perform the following duties:
a. Act as chair and assume the authority to perform the chair’s duties whenever there is a vacancy in the office of the chair, the chair is absent from the appointive commission, or the chair is unable for any reason to discharge the chair’s duties;
b. Assist the chair as requested;
c. Attend, participate, and assist the chair in agenda planning sessions;
d. Assume the office of chair and serve the remainder of any unexpired term if the chair vacates office prior to completing their term, and in that event, facilitate the election process at the appointive commission’s next regular meeting of a new vice chair to similarly assume office for the remainder of any unexpired term.
3. If the chair was not able to appoint a chair pro tempore or the chair and vice chair are otherwise absent or unavailable, the longest serving member of the appointive commission, either by consecutive or nonconsecutive terms, shall be deemed the acting chair pro tempore. If two or more members qualify to be acting chair pro tempore, then the secretary shall select, by lottery and in the presence of two witnesses, one name from the names of the group of eligible members, and the member whose name is selected shall serve as the acting chair pro tempore.
4. The secretary of the appointive commission will be the staff member appointed under KCC 2.50.050 to assist the appointive commission. The secretary is not a member of the appointive commission and shall have no voting rights. The secretary shall perform the following duties:
a. Attend all meetings of the appointive commission and keep the commission’s minutes, including those of any meetings of any subcommittees the appointive commission may form, which minutes will be reviewed and adopted by the appointive commission at a subsequent meeting;
b. Reproduce, distribute, and file with the city clerk for retention a copy of all minutes of the appointive commission’s meetings;
c. See that all notices of appointive commission meetings are given as may be required by the Open Public Meetings Act, Chapter 42.30 RCW, and this chapter;
d. Serve as custodian of the appointive commission’s records and remain responsible for retaining those records as required by state retention schedules and producing those records as required under the state Public Records Act, Chapter 42.56 RCW;
e. Maintain a list of the names, addresses, and contact information for each member of the appointive commission; and provide that list to the city clerk;
f. Perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to them by the chair or vice chair.
B. Equal votes. Each member shall have an equal vote in decisions of the appointive commission, except for any alternate, who will serve in a nonvoting capacity.
C. Duties and responsibilities. Each appointive commission is advisory in nature and shall make reports and recommendations as may be requested to the mayor, city council, and city staff.
D. Bylaws. Each appointive commission may adopt bylaws, rules, and regulations as necessary for the election of the chair and vice chair, the conduct of business before an appointive commission, or to supplement the provisions provided for in this section. Commission bylaws, rules, and regulations may not alter the provisions of this chapter.
E. Meetings.
1. Schedule and location. Each appointive commission shall set a regular meeting schedule, including time, place, and frequency of meetings as necessary, and the secretary of the commission shall provide this information to the city clerk.
2. Open meetings and notice. Although not required for advisory commissions, all meetings of each appointive commission will be open to the public. In giving notice of meetings, the commission secretary may elect to follow the notice guidelines provided for in the Open Public Meetings Act, Chapter 42.30 RCW, as amended, even if the Open Public Meetings Act does not apply to matters before the appointive commission for action at such meetings. Unless notice to the contrary is given by an appointive commission, all meetings shall occur at City Hall, located at 220 Fourth Avenue South.
3. Remote attendance or remote meetings – Emergency. In the event of an emergency, a member may attend a commission meeting remotely by telephone or videoconferencing, as technology in the particular meeting location may accommodate. For purposes of this subsection, an “emergency” is defined as a serious situation or a condition of urgent need that occurs unexpectedly and is unforeseen or unavoidable. A member’s remote attendance is permitted for the benefit of conducting city business and not for the personal benefit of a member and may be limited by the city’s available equipment and technical support.
a. In the event of an emergency and a desire to attend a commission meeting remotely, the member shall notify the chair and the secretary as soon as possible in advance of their desire to attend a commission meeting remotely. The chair shall consult with the city department liaison, and together they will determine whether to grant a member’s request to attend a meeting remotely due to the occurrence of an emergency.
b. Any remote attendance authorized due to the occurrence of an emergency shall be verbally noted on the record during the meeting and in the official minutes of the meeting.
c. A member authorized to attend a commission meeting remotely shall have all of the official materials available during the meeting, shall be able to hear the meeting in real time, and shall be able to be heard by others during the meeting in real time as if physically in attendance at the meeting. A member who only observes the meeting remotely without complying with the above requirements will not be deemed in attendance.
d. It shall be the responsibility of the remotely attending member to ensure compliance with this section. If during the meeting the requirements of this section are not met or are terminated due to technical reasons, or the member fails to attend the meeting remotely, the member will be deemed to have not attended the meeting.
e. In the event of an emergency as declared by the President of the United States, the Governor of Washington, the mayor, or another authorized official, and a determination that an in-person meeting cannot be held with reasonable safety due to the emergency, the commission may hold a remote meeting without a physical location, or may limit the physical attendance of some or all members of the public at a meeting, and in doing so, may follow the guidelines provided for by the Open Public Meetings Act, as now enacted or hereafter amended, and as lawfully suspended or altered in accordance with a declared emergency.
4. Remote attendance or remote meetings – Nonemergency. When an emergency does not exist as provided for under subsection (E)(3) of this section, commissioners may remotely attend commission meetings in the following instances:
a. Commission meetings not subject to Open Public Meetings Act. If a commission meeting is not subject to the Open Public Meetings Act, Chapter 42.30 RCW, as currently enacted or later amended or recodified from time to time, the meeting may be held remotely without a physical location for the public to attend in-person if the following conditions are met:
i. The chair approves of the remote meeting after consultation with the commission secretary;
ii. The commission secretary determines the city’s technology will support the remote meeting;
iii. The meeting occurs through real-time telephonic, electronic, internet, or other readily available means of remote participation;
iv. If the method utilized by commissioners for remote attendance allows for commissioners to activate a camera and video display their image to other attendees, the commissioners should, at the discretion of the chair, turn on their cameras for the meeting; and
v. Real-time telephonic, electronic, internet, or other readily available means of remote attendance is made available to the public; provided, that a violation of this requirement shall not invalidate the meeting or any decisions made by a commission at its meeting.
b. Commission meetings subject to open public meetings act. If a commission meeting is subject to the Open Public Meetings Act, Chapter 42.30 RCW, as currently enacted or later amended or recodified from time to time, one or more commissioners may attend remotely, if the following conditions are met:
i. The chair approves remote attendance of one or more commissioners after consultation with the commission secretary;
ii. The commission secretary determines that the city’s technology will support a commissioner’s remote attendance;
iii. All remote-attending commissioners have the technology necessary to: (A) participate and communicate in real time with each other and with those commissioners attending in-person, and (B) to view any materials being discussed during the meeting;
iv. If the method utilized by a commissioner for remote attendance allows the commissioner to activate a camera and video display their image to other attendees, the commissioner shall turn on their camera for the meeting;
v. A remote-attending commissioner has access during the meeting to all documentation that is considered or provided during the course of the meeting;
vi. Real-time telephonic, electronic, internet, or other readily available means of remote attendance is made available to the public; provided, that a violation of this requirement shall not invalidate the meeting or any decisions made by a commission at its meeting.
vii. A physical location for the public to observe the meeting is provided; and
viii. The meeting complies with all other requirements of the Open Public Meetings Act, Chapter 42.30 RCW, as currently enacted or later amended or recodified.
F. Minutes. Each appointive commission shall adopt procedures to ensure minutes of each meeting are recorded and retained with the city clerk as required by state records retention schedules.
G. Conduct of members. All members serving on an appointive commission must preserve order, decency, and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any member while speaking, or refuse to obey the order of the chair. In addition, the following shall control members’ conduct during any meeting of an appointive commission:
1. The chair will call the meeting to order and manage the meeting agenda and time to allow for appropriate discussion and action, where appropriate.
2. Members are to keep the meeting organized by speaking only when recognized by the chair and granted the floor. To seek recognition, members are to raise their hands and wait to be addressed by the chair. In lieu of hand raising, voting/name cards may be used to indicate votes or requests to speak.
3. Members are to refrain from interrupting another person who has the floor or from having any sidebar conversation.
4. Members are to treat others with respect, courtesy, and in a fair and unbiased manner. Members shall refrain from any conduct or speech that is abusive, bullying, discriminatory, or derogatory.
5. Members should be open and honest about their actions and decisions, and be respectful of others whose opinions may differ.
6. Repeated violations may result in a member’s removal from the appointive commission in accordance with KCC 2.50.130.
H. Public comment. While the public may attend meetings of an appointive commission, the meetings are those of the commission itself and the public has no general right to address the appointive commission or its members.
1. Meetings of an appointive commission are not an open public forum, and they are subject to restrictions imposed by the chair of the appointive commission, any bylaws or rules the appointive commission may have adopted, and the law.
2. The chair of an appointive commission has the discretion to authorize the public to address the commission, if the chair so desires. If permission to speak is granted to a member of the public, either directly or through an agenda item, the following provisions shall apply:
a. Prior to addressing the appointive commission, each speaker shall sign in and state his or her name and city of residence for the record.
b. Remarks will be limited to the time allocated by the chair for each speaker, usually three minutes per speaker.
c. All remarks shall be pertinent to matters considered by the appointive commission, and speakers shall address the chair and the appointive commission as a whole and not any member individually.
I. Public demeanor. No one shall use any impertinent, degrading, or slanderous language directed to the chair, appointive commission members, mayor, staff, or other member of the public, and no one shall otherwise engage in disruptive behavior. Disruptive behavior includes, for example, addressing matters restricted from public comment, repeated shouting and angry outbursts, cursing, direct or implied threats of violence, etc. After receiving verbal notice from the chair, the chair may direct that a speaker return to their seat or may remove any person for disruptive behavior at an appointive commission meeting.
J. Voting. Discussion by the appointive commission shall relate to the subject matter at hand and shall be relevant and pertinent. When action of the appointive commission is required, the following provisions shall apply:
1. The chair will request a motion for a vote.
2. Each member of an appointive commission shall be entitled to one vote, including the chair.
3. Motions shall be made, seconded, and voted upon.
4. The chair is authorized to establish all reasonable and necessary procedures to permit the casting of votes by members of the appointive commission.
5. Every member, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excluded by the appointive commission, shall cast his or her vote upon any matter put to vote by the commission.
6. Unless otherwise directed by the chair, all votes shall be by voice or a show of hands. No votes shall be made by proxy.
7. Any member of the appointive commission who abstains from voting, or who otherwise remains silent during a vote or enters a blank ballot, will be deemed to have not casted a vote on that item. An abstention will not count as a vote, either in favor of, or in opposition to, any motion.
8. Action by the appointive commission requires only the affirmative vote of a majority of the votes cast, except where otherwise required by this chapter, any appointive commission bylaws, or state law.
9. At the request of the chair or of any member of an appointive commission, a motion may be voted upon by a roll call and the individual voting results shall be recorded by the secretary in the minutes.
Action of the appointive commission may be shared with the city council, the mayor, or city staff.
K. Procedural deviations and suspension of rules. If an appointive commission fails to conform to the procedural provisions of this chapter or to Robert’s Rules of Order, and that failure is not timely objected to by a member before action occurs, once action is taken by the appointive commission, that action stands and shall be deemed automatically ratified by the appointive commission. No procedural error shall render any action by the appointive commission invalid, nor shall the provisions of this chapter be deemed to provide any resident rights they did not already have by operation of law.
2.50.100 Minutes.
Minutes are to be taken of each appointive commission meeting by the administrative support personnel appointed under KCC 2.50.050, who shall distribute copies to each commission member and the city clerk.
(Ord. No. 4406, § 1, 7-6-21)
2.50.110 Political affiliations and use of public facilities for political purposes.
Members of appointive commissions are selected without respect to political affiliations. While members are free to discuss actions of council, the mayor, and city administration at their meetings, they shall not use any public facilities or public resources in support or opposition to any campaign for any ballot proposition or the election of any person to any office. Additionally, appointive commissions shall not use any public facilities or public resources to express a collective decision of the commission to support or oppose any ballot proposition. Commissioners may engage in political activities on their own time, if no public equipment, facilities, or resources are used.
(Ord. No. 4406, § 1, 7-6-21)
2.50.120 Quorum.
A majority of the then-current membership of an appointive commission shall constitute a quorum for the transaction of business. A majority of the votes cast shall be necessary to carry any motion. However, if there is no quorum at the opening of a meeting, the chair may rearrange the agenda to allow voting items to occur later in the meeting, or a majority of those members present may move to adjourn or recess the meeting, or authorize measures to be taken to obtain a quorum.
(Ord. No. 4406, § 1, 7-6-21)
2.50.130 Removal from office.
The mayor may remove a member of an appointive commission in any of the circumstances listed below, except removals from the lodging tax advisory board and the public facilities district of the Kent special events center that are to be made by the city council.
1. A member ceases to have the qualifications required for the position as determined by state law or this title.
2. A member acts in a manner that would result in inefficiency, neglect of duty, misfeasance or malfeasance in office, including without limitation:
a. Intentionally disrupting commission proceedings, including willfully bringing to the table or placing on the agenda a subject beyond the scope of authority of the appointive commission as defined in this title, and deliberately refusing to abide by the rules of procedure adopted by the appointive commission.
b. Using their position to secure special privileges or exemptions for themselves, friends, or family members.
c. Directly or indirectly giving or receiving or agreeing to receive compensation, gifts, rewards, or gratuities from any source, except the city of Kent, for a matter connected with or related to the services as a member of the appointive commission.
d. Disclosing confidential information gained by reason of the member’s membership on the appointive commission or otherwise using such information for the member’s personal gain or benefit.
3. Upon the joint recommendation of the appointive commission’s chair and the director of the city department who supports the commission.
Any decision to remove a member of an appointive commission shall be final, and there shall be no appeal.
(Ord. No. 4406, § 1, 7-6-21)
2.50.140 Reports.
An appointive commission may make a full report in writing to the chief administrative officer of its transactions and expenditures, if any, for the preceding year and such general recommendations as to matters covered by its prescribed duties and authority as may seem proper.
(Ord. No. 4406, § 1, 7-6-21)