6c amendments
1 PORT COMMISSION BYLAWS REVISION 2 PROPOSED AMENDMENTS 3 For consideration on December 12, 2017, prior to Second Reading 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. Amendments proposed on December 12, 2017, to the bylaws as presented on December 5, 2017 Page 1 of 11 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. Amendments proposed on December 12, 2017, to the bylaws as presented on December 5, 2017 Page 2 of 11 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 "donot 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. Amendments proposed on December 12, 2017, to the bylaws as presented on December 5, 2017 Page 3 of 11 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. Amendments proposed on December 12, 2017, to the bylaws as presented on December 5, 2017 Page 4 of 11 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. Outside 114 counsel shall annually monitor the commission's compliance withChapter 42.30 RCW, the 115 Open Public Meetings Act, and other laws by reviewing recordings of commission executive 116 sessions on a representative sampling basis. Amendments proposed on December 12, 2017, to the bylaws as presented on December 5, 2017 Page 5 of 11 117 AMENDMENT 6 proposed by commission staff 118 119 (Provides a mechanism to refer policy-related work to a committee, while maintaining the 120 commission's control over the matters referred.) 121 122 In Article 5, insert the following new Section 6: 123 Referral to committee. Topics that involve establishment or revision of policy directives or 124 governance structures shall be referred to a committee of appropriate purview for 125 recommendations on action by the commission. Other matters may be referred to 126 appropriate committees at the discretion of the commission by public action. If there is no 127 standing or special committee of appropriate purview constituted for the particular matter, 128 one shall be constituted by a charter adopted pursuant to the requirements of these bylaws. 129 Such committee referral shall be made by the president, or may be ordered by the commission 130 by public action. Notwithstanding the timeline set in the committee's charter for 131 consideration and recommendation to the commission, the commission may, by a vote of a 132 majority of its membership, discharge a committee from further consideration of a particular 133 matter. The motion to so discharge shall refer the matter to a different committee or place it 134 on the agenda for commission consideration at an appropriate time. Amendments proposed on December 12, 2017, to the bylaws as presented on December 5, 2017 Page 6 of 11 135 AMENDMENT 7 proposed by commission staff 136 137 (Documents for transparency an informal opinion-polling process currently in use, though 138 infrequently needed. Adds for clarity when the process is invoked, and adds a process for 139 ratifying public statements by a vote in public session.) 140 141 In Article 6, insert the following new Section 3: 142 Informal polling of commissioner opinions. 143 (a) When it is desirable in the opinion of the commission president for the opinion of the 144 port commission to be reported publicly in support or opposition to any position 145 affecting port interests and when circumstances prevent formal public action on a 146 specific position or view, the president, or professional staff acting on behalf of the 147 commission, may conduct an informal poll of commissioners' individual opinions. 148 Opinions polled in this manner shall not involve meetings of more than two 149 commissioners at a time and shall be characterized transparently in these or similar 150 words when reported publicly: "Although the Port of Seattle Commission has not 151 formally taken a position on by action in a public session, all commissioners (or a 152 majority of commissioners) have individually expressed the opinion that." 153 (b) When a common view of the commission is thus represented, it shall be reported in 154 writing to the commission at its next public meeting as a special order of business. The 155 presiding officer shall put the question in the form of a request for objection to the 156 reported statement. Absent an objection, the collective view expressed shall be 157 considered ratified by unanimous consent and the statement on the matter shall be 158 entered into the record of the public meeting. 159 (c) The question on ratification of an opinion statement reported pursuant to this section 160 shall not be subject to amendment and shall require a unanimous vote of all 161 commissioners to pass; provided consent may be given in advance in writing in the 162 case of any commissioner who may be absent from the meeting at which ratification is 163 requested. Such written consent shall be included in the record of the meeting for 164 which it is granted. 165 (d) In the event of an objection to the reported statement described in this section, it shall 166 fail to pass. In order to provide a complete and transparent record of opinion 167 statements polled in this manner, the reported statement shall be entered upon the 168 record of the meeting at which the question is decided even if the question of 169 ratification fails to pass. 170 (e) The commission clerk shall provide a form for the giving of consent to ratification of an 171 informally polled opinion statement. 172 173 And in Article 6, Section 13, "Questions requiring unanimous consent of all commissioners, 174 insert the following new subsection (a): 175 Ratification of a statement of commission opinion polled informally, as described in Article VI, 176 Section 3. Amendments proposed on December 12, 2017, to the bylaws as presented on December 5, 2017 Page 7 of 11 177 AMENDMENT 8 provided based on commissioner comments 178 179 (Would increase the total amount of time for public comment as an order of business from 45 180 to 60 minutes.) 181 182 In Article 6, Section 11(b) "Rules governing public comment," delete "45" and insert in lieu 183 thereof: 60 Amendments proposed on December 12, 2017, to the bylaws as presented on December 5, 2017 Page 8 of 11 184 AMENDMENT 9 provided based on comments from Commissioner Gregoire 185 186 (Requires a 24-hour filing deadline for substantive amendments to actions on the agenda.) 187 188 In Article 6, Section 5, after "repeated by the presiding officer prior to taking a vote on the 189 amendment as a subsidiary question" insert the following:Amendments filed in writing with 190 the commission clerk at least 24 hours prior to the convening of the public meeting during 191 which they are intended to be offered shall require a majority vote of the membership for 192 passage. Amendments offered less than 24 hours prior to the convening of the public meeting 193 during which they are intended to be offered shall require a vote of two-thirds of the 194 membership for passage. 195 196 (The amendment in context:) 197 198 Amendment of questions. Once a motion has been made or a requested action 199 filed by virtue of its inclusion on an approved agenda, it shall be modified only by 200 amendment. Any commissioner, including the presiding officer, may offer an 201 amendment to a question that is subject to amendment. Amendments other 202 than simple amendments to procedural motions shall be offered in writing and 203 their content repeated by the presiding officer prior to taking a vote on the 204 amendment as a subsidiary question. Amendments filed in writing with the 205 commission clerk at least 24 hours prior to the convening of the public meeting 206 during which they are intended to be offered shall require a majority vote of 207 the membership for passage. Amendments offered less than 24 hours prior to 208 the convening of the public meeting during which they are intended to be 209 offered shall require a vote of two-thirds of the membership for passage. 210 Amendments shall be subject to a vote for adoption. Amendments that are not 211 controversial and have clear unanimous support may be adopted by unanimous 212 consent, provided they are submitted in writing and are repeated when the 213 presiding officer announces the outcome of the vote. Amendments adopted by 214 unanimous consent shall be recorded in the minutes as adopted "without 215 objection." Amendments are subsidiary questions and shall be considered after 216 acceptance of a motion and second on the main question to which they are 217 attached and shall be decided before the vote on the main question. Amendments proposed on December 12, 2017, to the bylaws as presented on December 5, 2017 Page 9 of 11 218 AMENDMENT 10 provided based on comments from Commissioner Gregoire 219 220 (Adds a reference to commission's commitment to the port statement ofvalues and port code 221 of ethics/workplace responsibility policy) 222 223 In Article 2, Section 5(a), delete "Commissioners shall uphold the standard of conduct described 224 in the Port of Seattle Code of Ethics for Port Commissioners and shall avoid conflicts of interest 225 and the appearance of conflicts of interest when performing their duties as port 226 commissioners" and insert the following in lieu thereof: Commissioners shall uphold the 227 standard of conduct reflected in the Port of Seattle Statement of Values and further described 228 in the Port of Seattle Code of Ethics and Workplace Conduct and the Port of Seattle Code of 229 Ethics for Port Commissioners. Commissioners shall avoid conflicts of interest and the 230 appearance of conflicts of interest when performing their duties as port commissioners 231 232 (The amendment in context:) 233 234 Commissioners shall uphold the standard of conduct described in the Port of 235 Seattle Code of Ethics for Port Commissioners and shall avoid conflicts of interest 236 and the appearance of conflicts of interest when performing their duties as port 237 commissioners Commissioners shall uphold the standard of conduct reflected in 238 the Port of Seattle Statement of Values and further described in the Port of 239 Seattle Code of Ethics and Workplace Conduct and the Port of Seattle Code of 240 Ethics for Port Commissioners. Commissioners shall avoid conflicts of interest 241 and the appearance of conflicts of interest when performing their duties as 242 port commissioners. Procedures related to alleged misconduct and potential 243 conflict of interest are described in the Port of Seattle Code of Ethics for Port 244 Commissioners, implementation of which is ensured by the commission's 245 officers and an independent Board of Ethics. Amendments proposed on December 12, 2017, to the bylaws as presented on December 5, 2017 Page 10 of 11 246 AMENDMENT 11 provided based on comments from Commissioner Gregoire 247 248 (Provides additional latitude to the scope of topics on which the commission president serves 249 as a spokesperson for the commission.) 250 251 In Article 3, Section 5(f), after "that have been established by action taken in public session" 252 insert the following: or that are consistent with the policies, statements, and actions of the 253 port commission. 254 255 And in Article 3, Section 5(f), after "case-by-case basis." insert the following:When acting as 256 the commission's spokesperson, the president shall exercise care to distinguish between 257 opinions or positions held collectively by the port commission which are based on actions 258 taken in public session and those views or positions which it is the president's opinion reflect 259 the general sentiment of port commissioners. 260 261 (The amendment in context:) 262 263 Commission spokesperson. The president shall be the spokesperson for the 264 commission in expressing views held collectively by the Port of Seattle 265 Commission that have been established by action taken in public session or that 266 are consistent with the policies, statements, and actions of the port 267 commission. The president may delegate this role on a case-by-case basis. When 268 acting as the commission's spokesperson, the president shall exercise care to 269 distinguish between opinions or positions held collectively by the port 270 commission which are based on actions taken in public session and those views 271 or positions which it is the president's opinion reflect the general sentiment of 272 port commissioners. Article VI, Section 3, describes the procedures to be used 273 for informal polling of commissioner opinions when circumstances prevent 274 formal action in public session. Amendments proposed on December 12, 2017, to the bylaws as presented on December 5, 2017 Page 11 of 11
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