Item Number:   8c_motion 
Meeting Date:   October 22, 2019 


1                                                   MOTION 2019-12: 
2                                 A MOTION OF THE PORT OF SEATTLE COMMISSION 
3 
4                           supporting Initiative 1000, through endorsement for the
5                           approval of Referendum 88, an initiative to the Legislature
6                           which was passed in April 2019 and which supports the
7                           Port's goals of increasedutilization of small businesses,
8                           including  disadvantaged,  minority-owned,  and  women-
9                           owned businesses. 
10 
11                        The title of Referendum 88: The legislature passed Initiative
12                        Measure  No.  1000  concerning  affirmative  action  and
13                        remedying discrimination, and voters have filed a sufficient
14                        referendum petition on this act. Initiative 1000 would allow
15                        the state to remedy discrimination for certain groups and
16                        to implement affirmative action, without the use of quotas
17                        or preferential treatment (as defined), in public education,
18                        employment, and contracting. Should Initiative 1000 be
19                        Approved [ ] Rejected [ ]? 
20 
21                                                   PROPOSED 
22                                               OCTOBER 22, 2019 
23 
24                                                 INTRODUCTION 
25 
26    Passage of this motion reflects the Port of Seattle Commission's continued commitment to
27    ensure that the economic prosperity in the region, and the economic development we help to
28    foster, is shared by all. 
29 
30                                              TEXT OF THE MOTION 
31 
32    Consistent with the Port of Seattle's previous public positions in support of small, disadvantaged,
33    minority-owned, and women-owned business enterprises, the Port Commission hereby endorses
34    the approval of Initiative 1000, set to be considered for a vote on the statewide ballot on
35    November 5th, 2019 through Referendum 88. The Port of Seattle Commission previously adopted
36    Resolution No. 3274, in 1998, to oppose the original effort to prohibit public entities from
37    promoting this category of business. Additionally, in 2016, the Commission adopted Motion
38    2016-02 to support the Legislature's efforts to repeal Initiative 200, the citizen law that first put
39    this prohibition in place. Repealing the restrictions put in place by Initiative 200 will allow the
40    Port greater flexibility in fulfilling its mission of supporting economic vibrancy in the region and
41    ensuring that economic gains are shared by all. 

Motion 2019-12  Referendum 88                                                               Page 1 of 3

42 
43                                     STATEMENT IN SUPPORT OF THE MOTION 
44 
45    The Port of Seattle is committed to the increased participation of small businesses, the provision
46    of quality jobs, and the development of a diverse and skilled workforce that can support regional
47    economic vitality. The Commission has long viewed Initiative 200 as a challenge to that mission,
48    and first adopted a Commission Resolution opposing the Initiative in 1998, when it was due to
49    be considered on the statewide ballot. Following that vote, commissioners have traveled to
50    Olympia in each of the past four legislative sessions to testify alongside representatives from the
51    City of Seattle and King County in support of repealing Initiative 200. 
52 
53    In the 2019 Legislative Session, Washington voters presented the State Legislature with an
54    "Initiative to the Legislature" that sought to amend RCW 49.60.400, put in place originally by the
55    passage of Initiative 200. That effort, known as Initiative 1000, gave the legislators three options:
56    adopt the measure as drafted; put forward an alternative and have both I-1000 and that
57    alternative measure considered side-by-side on the ballot; or take no action, and send the
58    initiative as written to the ballot. After much deliberation, and a public hearing that lasted nearly
59    an entire day and featured testimony from all three living former Governors, the Legislature
60    voted to pass I-1000 as written. With that vote, the prohibition in the granting of preference that
61    I-200 put in place was officially repealed. However, the I-200 advocates immediately began to
62    gather signatures for a referendum that could overturn that legislative action, and that gave rise
63    to Referendum 88, up for a vote in this November's election. 
64 
65    On January 8, 2018, the Port of Seattle Commission officially adopted its new Diversity in
66    Contracting policy. That policy seeks to increase opportunities for women and minority-owned
67    business entities (WMBEs) across Port operations. The policy is designed to increase both the
68    percent of contracting dollars paid to WMBE firms as well as the number of WMBE firms under
69    contract. It requires divisions and departments within the Port to set goals for WMBE utilization,
70    created a WMBE inclusion plan pilot, and supports prompt payment for WMBE firms that work
71    with the Port. 
72 
73    Meanwhile, in December 2017, the Commission moved to establish a Priority Hire policy that will
74    ensure better access to training programs and well-paying construction jobs for local workers,
75    particularly those from economically distressed areas. That effort also sets as a goal the increased
76    the diversity  of the workforce on Port construction  projects and  focuses on workforce
77    participation by apprentices and journey-level construction workers. The policy will require
78    contractors on large Port construction projects to hire more local apprentices from under-
79    represented zip codes. 
80 
81    In 2014, the Port of Seattle completed a disparity study to learn more about its successes and
82    challenges as an organization in the area of WMBE contracting. The study found disparity in Port
83    utilization of minority contractors for construction and construction-related projects was
84    substantially below what might be expected based on the availability of those contractors. The
85    study also concluded that all categories of minority-owned businesses displayed utilization rates

Motion 2019-12  Referendum 88                                                               Page 2 of 3

86    that were below parity, recommended overall the Port make efforts to ensure that mechanisms
87    for monitoring future performance and utilization of those contractors were enforced. The study
88    allowed the Port to request from the Federal Aviation Administration (FAA) which granted the
89    authorization to implement a "race-conscious" DBE program for federally assisted projects. 
90 
91    That study informed the work being done under the Priority Hire and Diversity in Contracting
92    policies. It also helps to inform the work being done by the Port's newly formed Office of
93    Diversity, Equity, and Inclusion. But it is all made more challenging by the state law put into place
94    by the 1998 passage of I-200. 
95 
96    Passage of I-1000, which can be sustained by voters through the approval of Referendum 88, and
97    the amendment of 49.60.400 (I-200), will allow the Port greater flexibility as we advance our
98    mission of supporting broad-based and diverse economic development, and ensuring that the
99    growing prosperity of the Puget Sound region is shared by all communities equally. 
100 
101    ADDITIONAL INFORMATION ATTACHED 
102    Full text of Referendum 88, as submitted to the Washington Secretary of State 













Motion 2019-12  Referendum 88                                                               Page 3 of 3