6a amendments
1 PORT COMMISSION BYLAWS REVISION 2 PROPOSED AMENDMENTS 3 For consideration on First Reading, December 5, 2017 4 5 6 AMENDMENT 1 proposed by Commissioner Albro 7 8 (Revises text in sections 1 and 3 of the Object statement.) 9 10 In Article 1, Section 1, delete "The Port of Seattle was chartered by the voters of King County as 11 a port district by special election on September 5, 1911. The Port of Seattle is a special-purpose 12 corporation of the State of Washington that is governed by the Port of Seattle Commission. The 13 Port of Seattle Commission is authorized to perform its responsibilities under Title 53 RCW and 14 is charged with the responsibility to fulfill particular legislatively mandated purposes and 15 objectives." 16 17 And insert in lieu thereof the following: The Port of Seattle was chartered by the voters of King 18 County as a port district by special election on September 5, 1911, as a special-purpose 19 municipal corporation of the State of Washington. The Port of Seattle Commission is vested 20 with all port powers and governs the Port of Seattle in accordance with Title 53 RCW to fulfill 21 particular legislatively mandated purposes and objectives. 22 23 And in Article 1, Section 3, delete "Commissioners shall safeguard the mission of the Port of 24 Seattle as a public agency whose primary mission shall be to invest public resources to advance 25 trade and commerce, promote industrial growth, preserve limited maritime and aviation 26 resources of unique value for port uses, stimulate economic development, and create jobs. This 27 mission depends upon the transportation of people and goods by air, water, and land, 28 commitment to environmental stewardship, and collaboration with neighboring communities. 29 It ensures economic vitality and a sustainable quality of life for all of the people of King County 30 and the Puget Sound region." 31 32 And insert in lieu thereof the following: Commissioners shall serve the public and uphold the 33 mission of the Port of Seattle as a public agency to create jobs by advancing trade and 34 commerce, promoting industrial growth, and stimulating economic development. Proposed amendments to the bylaws as presented on December 5, 2017 Page 1 of 9 35 AMENDMENT 2 proposed by Commissioner Albro 36 37 (Revises the text in Article 2, Section 2, Collegiality.) 38 39 In Article 2, Section 2, before "governs the Port of Seattle" insert: exercises port powers and 40 41 (The amendment in context:) 42 43 Collegiality. The commission exercises port powers and governs the Port of 44 Seattle only when a quorum of its membership is assembled in a properly 45 noticed public meeting and action is taken by the required vote. Proposed amendments to the bylaws as presented on December 5, 2017 Page 2 of 9 46 AMENDMENT 3 proposed by executive staff 47 48 (Creates an option to place actions on the consent calendar if the authorization amounts are 49 between $300,000 and $1 million and construction contract extensions are between 60 and 50 120 days and allows them to be offered in a single action request.) 51 52 In Article 4, Section 5(g), after "do not require a public hearing or amendment" insert the 53 following: The consent calendar may include any action for which the requested dollar 54 amount of the authorization lies between the value threshold delegated to the executive 55 director (generally $300,000) and $1,000,000 or for which construction contract time 56 extensions are requested between 60 days and 120 days and staff may submit an agenda 57 memorandum for multiple actions of this kind with a brief description of each action. 58 59 (The amendment in context:) 60 61 Unanimous consent calendar. Items on the consent calendar shall include 62 routine matters and actions considered by the president to have general 63 consensus of all commissioners, including approval of the minutes of prior 64 meetings available for commission approval. Resolutions may be included on the 65 consent calendar for final adoption if they are routine and considered by the 66 president to have general consensus of all commissioners, have been introduced 67 on a prior day, and do not require a public hearing or amendment. The consent 68 calendar may include any action for which the requested dollar amount of the 69 authorization lies between the value threshold delegated to the executive 70 director (generally $300,000) and $1,000,000 or for which construction contract 71 time extensions are requested between 60 days and 120 days and staff may 72 submit an agenda memorandum for multiple actions of this kind with a brief 73 description of each action. Items on the consent calendar shall not be subject to 74 discussion or debate and shall be decided by a single vote. Any commissioner 75 present at the time of consideration of approval of the agenda may request 76 removal of an item from the unanimous consent calendar for separate 77 consideration and vote. Items removed from the consent calendar for separate 78 consideration and vote shall become special orders for the day and shall be 79 taken up following those items previously scheduled for consideration as special 80 orders. Proposed amendments to the bylaws as presented on December 5, 2017 Page 3 of 9 81 AMENDMENT 4 proposed by commission staff 82 83 (Articulates a procedure for handling technical aspects of 24-hour meeting notice when waiver 84 of written notice in invoked under RCW 42.30.080.) 85 86 In Article 5, Section 6, insert the following new subsection (c): 87 When special meetings are called with less than 24 hours' notice pursuant to notice waiver 88 under this section, written notice shall be posted as far ahead of convening such a special 89 meeting as practicable through the usual methods required by law and these bylaws. If a 90 special meeting is called with less than 24 hours' notice, other than to deal with an 91 emergency involving injury or damage to persons or property as described in RCW 42.30.080, 92 and any commissioner has not filed a written waiver of notice as prescribed in this section, 93 and such commissioner is not present when the special meeting convenes, the special meeting 94 shall immediately adjourn to a time that is not less than 24 hours later than the actual time of 95 posting the written notice for such a special meeting. The procedures for adjourning a special 96 meeting shall apply under these circumstances as described by law and these bylaws. Proposed amendments to the bylaws as presented on December 5, 2017 Page 4 of 9 97 AMENDMENT 5 provided based on comments from Commissioner Gregoire 98 99 (Restores the requirement to record executive sessions. This feature was not carried forward 100 into the proposed revised text. Annual monitoring by outside counsel is not proposed at this 101 time.) 102 103 In Article 4, Section 8, insert a new subsection (b) as follows and renumber the subsequent 104 subsections: 105 Recording of executive sessions. Executive sessions shall be recorded electronically, and the 106 general counsel shall be the record holder of the original recordings. Executive sessions held 107 for the purpose of discussing evaluation of qualifications for public employment or review of 108 the performance of a public employee as described in RCW 42.30.110(1)(g) shall be exempt 109 from the recording requirements of this section. Executive sessions held to discuss other 110 matters authorized by RCW 42.30.110 may be made exempt from recording by a motion 111 decided prior to convening the executive session pursuant to the voting requirements of these 112 bylaws. The extent to which the executive session or parts thereof shall be exempt from 113 recording shall be stated in the motion, which shall be decided in public session. Proposed amendments to the bylaws as presented on December 5, 2017 Page 5 of 9 114 AMENDMENT 6 proposed by commission staff 115 116 (Provides a mechanism to refer policy-related work to a committee, while maintaining the 117 commission's control over the matters referred.) 118 119 In Article 5, insert the following new Section 6: 120 Referral to committee. Topics that involve establishment or revision of policy directives or 121 governance structures shall be referred to a committee of appropriate purview for 122 recommendations on action by the commission. Other matters may be referred to 123 appropriate committees at the discretion of the commission by public action. If there is no 124 standing or special committee of appropriate purview constituted for the particular matter, 125 one shall be constituted by a charter adopted pursuant to the requirements of these bylaws. 126 Such committee referral shall be made by the president, or may be ordered by the commission 127 by public action. Notwithstanding the timeline set in the committee's charter for 128 consideration and recommendation to the commission, the commission may, by a vote of a 129 majority of its membership, discharge a committee from further consideration of a particular 130 matter. The motion to so discharge shall refer the matter to a different committee or place it 131 on the agenda for commission consideration at an appropriate time. Proposed amendments to the bylaws as presented on December 5, 2017 Page 6 of 9 132 AMENDMENT 7 proposed by commission staff 133 134 (Documents for transparency an informal opinion-polling process currently in use, though 135 infrequently needed. Adds for clarity when the process is invoked, and adds a process for 136 ratifying public statements by a vote in public session.) 137 138 In Article 6, insert the following new Section 3: 139 Informal polling of commissioner opinions. 140 (a) When it is desirable in the opinion of the commission president for the opinion of the 141 port commission to be reported publicly in support or opposition to any position 142 affecting port interests and when circumstances prevent formal public action on a 143 specific position or view, the president, or professional staff acting on behalf of the 144 commission, may conduct an informal poll of commissioners' individual opinions. 145 Opinions polled in this manner shall not involve meetings of more than two 146 commissioners at a time and shall be characterized transparently in these or similar 147 words when reported publicly: "Although the Port of Seattle Commission has not 148 formally taken a position on by action in a public session, all commissioners (or a 149 majority of commissioners) have individually expressed the opinion that." 150 (b) When a common view of the commission is thus represented, it shall be reported in 151 writing to the commission at its next public meeting as a special order of business. The 152 presiding officer shall put the question in the form of a request for objection to the 153 reported statement. Absent an objection, the collective view expressed shall be 154 considered ratified by unanimous consent and the statement on the matter shall be 155 entered into the record of the public meeting. 156 (c) The question on ratification of an opinion statement reported pursuant to this section 157 shall not be subject to amendment and shall require a unanimous vote of all 158 commissioners to pass; provided consent may be given in advance in writing in the 159 case of any commissioner who may be absent from the meeting at which ratification is 160 requested. Such written consent shall be included in the record of the meeting for 161 which it is granted. 162 (d) In the event of an objection to the reported statement described in this section, it shall 163 fail to pass. In order to provide a complete and transparent record of opinion 164 statements polled in this manner, the reported statement shall be entered upon the 165 record of the meeting at which the question is decided even if the question of 166 ratification fails to pass. 167 (e) The commission clerk shall provide a form for the giving of consent to ratification of an 168 informally polled opinion statement. 169 170 And in Article 6, Section 13, "Questions requiring unanimous consent of all commissioners, 171 insert the following new subsection (a): 172 Ratification of a statement of commission opinion polled informally, as described in Article VI, 173 Section 3. Proposed amendments to the bylaws as presented on December 5, 2017 Page 7 of 9 174 AMENDMENT 8 provided based on commissioner comments 175 176 (Would increase the total amount of time for public comment as an order of business from 45 177 to 60 minutes.) 178 179 In Article 6, Section 11(b) "Rules governing public comment," delete "45" and insert in lieu 180 thereof: 60 181 Proposed amendments to the bylaws as presented on December 5, 2017 Page 8 of 9 182 AMENDMENT 9 provided based on comments from Commissioner Gregoire 183 184 (Requires a 24-hour filing deadline for substantive amendments to actions on the agenda.) 185 186 In Article 6, Section 5, after "repeated by the presiding officer prior to taking a vote on the 187 amendment as a subsidiary question" insert the following: Amendments filed in writing with 188 the commission clerk at least 24 hours prior to the convening of the public meeting during 189 which they are intended to be offered shall require a majority vote of the membership for 190 passage. Amendments offered less than 24 hours prior to the convening of the public meeting 191 during which they are intended to be offered shall require a vote of two-thirds of the 192 membership for passage. 193 194 (The amendment in context:) 195 196 Amendment of questions. Once a motion has been made or a requested action filed by 197 virtue of its inclusion on an approved agenda, it shall be modified only by amendment. 198 Any commissioner, including the presiding officer, may offer an amendment to a 199 question that is subject to amendment. Amendments other than simple amendments to 200 procedural motions shall be offered in writing and their content repeated by the 201 presiding officer prior to taking a vote on the amendment as a subsidiary question. 202 Amendments filed in writing with the commission clerk at least 24 hours prior to the 203 convening of the public meeting during which they are intended to be offered shall 204 require a majority vote of the membership for passage. Amendments offered less than 205 24 hours prior to the convening of the public meeting during which they are intended 206 to be offered shall require a vote of two-thirds of the membership for passage. 207 Amendments shall be subject to a vote for adoption. Amendments that are not 208 controversial and have clear unanimous support may be adopted by unanimous 209 consent, provided they are submitted in writing and are repeated when the presiding 210 officer announces the outcome of the vote. Amendments adopted by unanimous 211 consent shall be recorded in the minutes as adopted "without objection." Amendments 212 are subsidiary questions and shall be considered after acceptance of a motion and 213 second on the main question to which they are attached and shall be decided before the 214 vote on the main question. Proposed amendments to the bylaws as presented on December 5, 2017 Page 9 of 9
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