PORT OF SEATTLE 
MEMORANDUM 
COMMISSION AGENDA               Item No.       7b 
STAFF BRIEFING             Date of Meeting   October 9, 2012 

DATE:    October 2, 2012 
TO:     Tay Yoshitani, Chief Executive Officer 
FROM:    Ralph Graves, Managing Director Capital Development 
Craig Watson, General Counsel 
SUBJECT:  Briefing on Proposed Resolution No. 3668 
SYNOPSIS: 
This briefing will review the out-of-date requirements of Resolution No. 3166, which was
passed in 1994 and requires the submission of specific mandatory documentation
addressing affirmative action goals and reports by contractors, subcontractors,
consultants and suppliers. The Port cannot execute a contract until this paperwork is
complete. 
Resolution No. 3166 is inconsistent with state law because of the passage of Initiative
200 in 1998. Port staff recommends that the Commission adopt an updated resolution
consistent with state law but also one that honors the Port's long-term commitment to
nondiscrimination, equal employment opportunity, and the promotion of aspirational
diversity employment practices. The new resolution also carries out the intent of the
September 1, 2009, Commission motion "affirming the Port's commitment to nondiscrimination
and equal opportunity policies as they apply to our workplace, customers,
consultants, contractors and vendors." 
At two upcoming meetings, Port staff will present Resolution No. 3668 to repeal
Resolution No. 3166 and affirm the Port's adherence to policies promoting
nondiscrimination and equal employment opportunity and the recruitment of the underrepresented.
The new resolution will also make it simpler for contractors, consultants, 
and suppliers to do business with the Port by eliminating unnecessary and burdensome
paperwork. 
BACKGROUND: 
In July 1994, the Commission adopted Resolution No. 3166, which restated affirmative
action responsibilities of contractors, subcontractors, consultants, and suppliers doing
business with the Port of Seattle. Resolution No. 3166 is still in effect and requires the
submission of specific mandatory documentation addressing affirmative action goals and
reports by contractors, subcontractors, consultants, and suppliers. The Port cannot
execute a contract with contractors, suppliers, and consultants unless the paperwork is
complete.

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
October 2, 2012 
Page 2 of 3 
In April 1998, the Commission adopted Resolution No. 3274 expressing opposition to
Initiative 200 and reaffirming the programs that the Port adopted pursuant to Resolution
No. 3166. In November 1998, Washington voters passed Initiative 200, also known as
the Washington State Civil Rights Initiative. I-200 prohibits discrimination against or
preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, 
or national origin in public employment, education, or contracting. I-200 further
prohibits the Port from making contractual preferences or decisions based on compliance
with affirmative action goals. However, even though state law changed, the Port did not
change its requirements and continues to collect the documentation mandated by
Resolution No. 3166. 
After the passage of I-200, the Port ceased to obtain any value from the data collected
through the Resolution No. 3166 paperwork submittals, which are duplicative of
electronic records already collected. Statistical and anecdotal data is readily available
through the U.S. Department of Commerce census data and the Port's contractor data
system. The documentation required for construction contracts is significant.
Eliminating the paperwork requirement will result in estimated savings of $4,500 per
Major Construction contract and $1,500 per Small Works Construction contract. It will
also make it easier for companies, especially small businesses, to do business with the
Port. 
In a September 1, 2009, motion, the Commission endorsed the Port's long-standing
policies of non-discrimination and equal opportunity. The motion directed the Chief
Executive Officer to review the current non-discrimination and equal opportunity policies
to determine if they are up-to-date and to recommend any appropriate changes to the
Commission in compliance with all applicable federal and state equal opportunity laws
and regulations. The Commission affirmed that the Port "shall strive for the ideal of
being a workplace free of discrimination, bias and hate; respectful of different beliefs,
cultures and points of view; and based on the principle of equal opportunity, not to
exclude rights and protections to ensure religious, ethnicity, gender, sexual orientation
and other protected rights and liberties." These rights and protections apply to our
workforce, customers, consultants, contractors, and vendors. 
Resolution No. 3668 would codify the intent of this motion and affirmatively require that
equal opportunity apply to Port customers, consultants, contractors, and suppliers. Port
contracts would continue to require our contractors, suppliers, and consultants to comply
with federal, state, and local laws pertaining to non-discrimination and equal employment 
opportunity. The Port would also include contract language promoting aspirational 
diversity employment practices as provided by the new resolution. 
OTHER DOCUMENTS ASSOCIATED WITH THIS BRIEFING: 
Commission motion (amended) of September 1, 2009. 
Draft Resolution No. 3668. 
Resolution No. 3166. 
Redline version of Resolution No. 3166.

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
October 2, 2012 
Page 3 of 3 

PREVIOUS COMMISSION ACTIONS OR BRIEFINGS: 
June 23, 1981  the Commission adopted Resolution No. 2818, relating to
discrimination and affirmative action in employment by Port contractors and
subcontractors, which was subsequently amended by Resolution No. 2821 on
July 14, 1981. 
July 26, 1994  the Commission adopted Resolution No. 3166, which repealed
Resolution Nos. 2818 and 2821. 
April 1, 1998  the Commission adopted Resolution No. 3274, opposing
Initiative 200. 
On September 1, 2009, the Commission adopted a motion regarding
nondiscrimination and equal employment opportunity policies.