PORT OF SEATTLE COMMISSION MOTION 
TO RETAIN OUTSIDE COUNSEL 
TO REVIEW A WORKER RETENTION POLICY 
FOR THE SEATTLE-TACOMA INTERNATIONAL AIRPORT CONCESSIONS PROGRAM 
STATEMENT IN SUPPORT OF THE MOTION 
The Seattle-Tacoma International Airport (the "Airport") is well-known for its award-winning
Airport Concessions Program which combines prime concessionaires and direct leases with
many small and independent retail and restaurant operators and certified Disadvantaged Business
Enterprises (DBE). This hybrid structure allows both famous national brands and local
companies with roots in Seattle to serve Airport customers.
Beginning in 2012 to 2014 and especially from 2015 to 2017, the Airport will re-lease and
redevelop concession spaces as a result of the expiration of the current leases which were signed
in 2005. The Airport anticipates a continuation of the mix of prime concessionaires and direct
leases which has been so successful in the last six years. Under the current model, employment
in concessions businesses has increased by 90 percent with the addition of 650 jobs, and gross
concessions sales have increased by more than 60 percent to $158 million in 2010.
It has been proposed that the Port of Seattle Commission (the "Commission") adopt a policy
involving worker retention requirements for new concession leases. In addition to the question
of advisability, there is a question as to whether such a policy is legal under federal law or
whether it would violate the permanent federal injunction issued in case of CityIce Cold Storage
Company v. Port of Seattle. The memorandum entitled "Aviation Concessions Program
Principles and Practices" dated November 28, 2011, states that Port of Seattle staff believes there
is "significant legal risk" if the Commission adopts a worker retention policy. The Commission
has received more detailed legal analysis from Port counsel and also legal analysis prepared by
counsel for various outside stakeholders indicating that this is not a settled question and that
there are varying interpretations as to the applicability of the law. 
The Commission would like to retain outside legal counsel to review the worker retention issue
and provide an opinion on whether the Commission could legally adopt a worker retention
policy, and whether such a policy could exempt DBEs and small business. The Commission
would also like outside legal counsel to suggest any changes in state statutes that might be
helpful in this matter. 
MOTION 
1. The Port of Seattle Commission shall retain its own outside legal counsel to provide
an independent review and analysis of the legal basis for a worker retention policy and
any related issues as determined by the Commission.
2. In retaining the services of outside counsel, the Commission would like to find an 
approach addresses concerns of job security for workers currently employed at the

Airport while providing meaningful business opportunities for DBE and other small
concessionaires.
3. The Commission may expend up to twenty-five thousand dollars ($25,000) for these
outside legal services. If further funding is required, the Commission will discuss the 
need for additional funding in open public session.