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HomeMy WebLinkAboutCOW 2009-03-09 Item 4C - Ordinance - Amend Composition of Community Oriented Policing Citizens Advisory BoardCAS NUMBER 09-033 Act.N11\ Ill ;MT111,l; Amendment to Ordinance #2082 regarding the composition of the Community Oriented Policing Citizens' Advisory Board (COPCAB) C.\"I•I ;CORY Discussion I I Motion Resolution Ordinance 1 Bid Award Public Hearing n Other iVLg Date itiltg Date 04/06/09 Mtg Date tldtg Date Mtg Date SPONSOR 1 1 Council E Mayor 1 1 Adm Svcs 1 1 DCD Finance Fire Legal 1 P&R Police n PW SPONSOR'S SU \1. \RY RI( \'ll.\C•'I ?D BY Fund Source: Comments: MTG. DATE 03/09/09 MTG. DATE 03/09/09 04/06/09 09 -033 Mtg Date 03/03/09 Nitg Date COW Mtg. Utilities Cmte COUNCIL AGENDA SYNOPSIS Initials 1Vleeting Date Prepared by 1 Mayor's review 03/09/09 DH 1 A6- 04/06/09 DH I� ITEM INFORMATION I ORIC; INAI.Ac1IND;\ MARCH 9, 2009 n CA &P Cmte n Arts Comm. F &S Cmte Parks Comm. Council review The Council is being asked to amend the Ordinance such that the provisions relative to the high school student are the same as the business representative, in that living in the City is not a requirement. The position would still be appointed by the Mayor and subject to confirmation by the City Council. DATE: 03/03/09 RECOMMENDATIONS: SPONSOR /ADMiN. Adoption of the ordinance COI\' MFFFEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ELI'F,NDITURI; RI QUIRFD AMOUNT BUDGETED APPROPRIATION REQUIRED RECORD OF COUNCIL ACTION Transportation Cmte Planning Comm. ITEM No. ATTACHMENTS Informational Memorandum dated 2/5/09 Informational Memorandum dated 3/4/09, requested by Finance Safety Committee Ordinance in draft form Ordinance #2082 Minutes from the Finance and Safety Committee Meeting of 3/3/09 TO: FROM: David Haynes, Chief of Police DATE: February 5, 2009 SUBJECT: Amendment to Ordinance #2082 regarding the composition of the Community Oriented Policing Citizens' Advisory Board (COPCAB) ISSUE The requirement of a high school student position who must be a resident of the City, limits the Board's ability to fill the vacant position. BACKGROUND The COPCAB currently has 7 members: 4 resident representatives, 1 school representative and 2 business representatives. One resident position and one student position have been vacant for over two years. The Board has recently received an application from a high school student, attending Foster High School. The student's residence is SeaTac. DISCUSSION The current Ordinance requires the student position to be: 1) A resident of the City; 2) Occupied by only a duly authorized representative of student government; 3) To be nominated by his /her high school student government organization; and 4) To be maintained by the student government body. RECOMMENDATION Our recommendation is that the high school student position have the same requirements as the business representative in that living in the City is not a requirement. The student representative would not have to be a resident of the City as long as the individual attends school within the Tukwila City limits. The position would still be appointed by the Mayor and subject to confirmation by the City Council. The same terms for initial appointments and all subsequent appointments would apply. The Council is being asked to consider the above change to Ordinance #2082 at the March 9, 2009 Committee of the Whole Meeting and subsequent April 6, 2009 Regular Meeting. ATTACHMENTS City of Tukwila INFORMATIONAL MEMORANDUM MAYOR HAGGERTON FINANCE AND SAFETY COMMITTEE Draft ordinance in strike through, underline format Ordinance Number 2082 Jim Haggerton, Mayor City of Tukwila Police Department An Accredited Agency To: Council of the Whole Memorandum From: David Haynes, Chief of Poli Date: 03/04/2009 Re: Student Position on COPCAB David W Haynes, Chief of Police There is a proposed change to the Community Oriented Policing Citizens Advisory Board (COPCAB) Ordinance that modifies the requirements for students seeking to fill the Student position. The proposed change is less restrictive then the current requirement in that the student would be able to live outside the City of Tukwila while attending a school within the City limits. During the March 3` Finance and Safety Committee meeting a discussion took place as to the requirements for the student position and service on the Board. I was asked to write a brief informational memo reference the student position and what I am looking for in a student representative. As you know the Board is comprised of Tukwila Citizens, Tukwila business members, a school representative, and a student representative. Having worked closely with this board over the years I see its mission as building upon the relationships between the Tukwila community and the Police Department in order to promote a safer community. To that end it is important that the Board members bring relevant information to the table reference the City of Tukwila. The question that was raised during the Finance and Safety meeting was, should the student representative be a student attending a Tukwila school, or could the student be a resident of Tukwila and attend a school outside the City of Tukwila? I believe it is important that the student representative be a student attending a school within our City limits. As stated above in order for the Board to be effective, I need information and input about what is going on in our schools from the perspective of a Tukwila student. A student that is not attending one of our Jim Haggerton, Mayor 6200 Southcenter Blvd. Tukwila, WA 98188 Phone: 206 433 -1808 Pol. Dept. Fax: 206 244 -6181; Admin. Fax: 206 433 -7197; Invest. Fax: 206 431 -3688 schools cannot provide relevant information from the perspective of our Tukwila school community. It is my recommendation that the council approve the expansion of the student requirements keeping in mind that I believe the student should attend a school within our City limits. March 4, 2009 2 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2082, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.39, "COMMUNITY POLICING ADVISORY BOARD," REGARDING THE QUALIFICATIONS OF THE STUDENT REPRESENTATIVE, BOARD COMPOSITION, AND APPOINTMENT TERMS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 22, 1994, the City of Tukwila created the Community- Oriented Policing Citizens Advisory Board (COPCAB), which has proven to be a valuable resource in the development of recommendations aimed at community -wide public safety; and WHEREAS, it is the intent of the City that this committee be broadly representative of both the residential and business communities; and WHEREAS. the City Council believes the high school is best represented by any Qualified student currently enrolled within the Tukwila School District appointed by the Mayor and subiect to Council confirmation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Composition of Board. Ordinance No. 2082, as codified at Tukwila Municipal Code 2.39.020, "Composition of Board," is hereby amended to read as follows: 2.39.020 Composition of Board The Board shall consist of nine members who shall meet the following qualifications: 1. Not less than five of the members shall be City residents, representing residential property owners and renters; 2. At least two members shall be owners or managers of businesses located within the City, providing that, if the business community is unable to fill one of its two positions, a resident may fill one of the business board member positions. 3. One member shall represent the school district(s) within the City; and 4. One position shall be a Tukwila School District student who is currently attending high school within the City. and resident of the City. This single voting position may 132 occupied by only a duly authorized representative of student Section 2. Appointment Terms. Ordinance No. 2082, as codified at Tukwila Municipal Code 2.39.030, "Appointment Terms," is hereby amended to read as follows: C: \Documents and Settings\AII Users Desktop \Kelly \MSDATA Ordinances \COPCAB.doc PH:ksn 2/3/2009 Page 1 of 2 2.39.030 Appointment Terms A. All Board members shall be appointed by the Mayor, with the exception of the pesition, and shall be subject to confirmation by the City Council. B. Initial appointments to the Board shall be made for the following terms: 1. One member of the Board shall be appointed to a one -year term; 2. Two members of the Board shall be appointed to two -year terms; 3. Two members of the Board shall be appointed to three -year terms; 4. Four Three members of the Board shall be appointed to four -year terms. r- nt body. C. All subsequent appointments, except for vacancies and the student representative, shall be four -year terms, provided that members shall remain in office until their successors are appointed and confirmed. D. Vacancies occurring other than through the expiration of terms shall be filled for the remainder of the term of the member being replaced. Vacancies shall be filled in the same manner as initial appointments are filled. E. Members may be removed at will at any time prior to the end of their term by the Mayor. In addition, members who fail to attend three consecutive meetings, regular or special, may be considered to have vacated their positions and may be replaced, as provided for herein. Any member who ceases to have the qualifications provided in TMC 2.39.020, Composition of Board, shall be deemed to have forfeited his or her office. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney C: \Documents and Settings\All Users \Desktop \Kelly\MSDATA Ordinances \COPCAB.doc PH:ksn 2/3/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 City of Tukwila Washington Ordinance No. 02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CHAPTER 2.39 OF THE TUKWILA MUNICIPAL CODE, "COMMUNITY- ORIEN "1 ED POLICING CITIZENS ADVISORY BOARD REGARDING THE COMPOSITION AND REPORTING OF THE BOARD; REPEALING ORDINANCE NO. 1729; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 22, 1994, the Cite of Tukwila created the Community- Oriented Policing Citizens Advisory Board (COPCAB), which has proven to be a valuable resource in the development of recommendations aimed at community -wide public safety; and WHEREAS, it is the intent of the City that this committee be broadly representative of both the residential and business communities; and WHEREAS, reporting of the Board's activities to the Mayor and Council on an annual basis, rather than quarterly, is deemed sufficient; and WHEREAS, the recruiting of two owners or managers of businesses located within the City has proven to be difficult; NOW, THEREFORE, THE C11 Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Community Oriented Policing Citizens Advisory Board. Tukwila. Municipal Code Chapter 2,39, entitled "Community-Oriented Policing Citizens Advisory Board," is hereby amended to read as follows: CHAPTER 2.39 COMMUNITY ORIEN`T'ED POLICING CITIZENS ADVISORY BOARD 2.39.010 Board Established Sections: 2.39.010 Board Established 2.39.020 Composition of Board 2.39.030 Appointment Terms 2.39.040 Compensation 2.39.050 Duties of the Board 2.39.060 Meetings and Procedure There is hereby established for the City of Tukwila a citizens advisory board to be known as the "Community- Oriented Policing Citizens Advisory Board." 2.39.020 Composition of Board The Board shall consist of nine members who shall meet the following qualifications: 1. Not less than five of the members shall be City residents, representing residential property owners and renters; COPCAB 2/17/05 Page 1 of 3 2. At least two members shall be owners or managers of businesses located within the City, providing that, if the business community is unable to fill one of its two positions, a resident may fill one of the business board member positions. 3. One member shall represent the school district(s) within the City; and 4. One position shall be a high school student and resident of the City. This single voting position may be occupied by only a duly authorized representative of student government. 2.39.030 Appointment Terris A. All Board members shall be appointed by the Mayor, with the exception of the resident high school student who shall be nominated by her /his high school student government organization. All Board appointments, with the exception of the student position, shall be subject to confirmation by the City Council. B. Initial appointments to the Board shall be made for the following terms: 1. One member of the Board shall be appointed to a one -year term; 2. Two members of the Board shall be appointed to two -year terms; 3. Two members of the Board shall be appointed to three -year terms; 4. Three members of the Board shall be appointed to four -year terms; and 5. The student representative position shall be maintained by the student government body. C. All subsequent appointments, except for vacancies and the student representative, shall be for four -year terms, provided that members shall remain in office until their successors are appointed and confirmed. D. Vacancies occurring other than through the expiration of terms shall be filled for the remainder of the term of the member being replaced. Vacancies shall be filled in the same manner as initial appointments are filled, E. Members may be removed at will at any time prior to the end of their term by the Mayor. In addition, members who fail to attend three consecutive meetings, regular or special, may be considered to have vacated their positions and may be replaced, as provided for herein. Any member who ceases to have the qualifications provided in TMC 2.39.020, Composition of Board, shall be deemed to have forfeited his or her office. 239.040 Compensation No member of the Board shall receive compensation for services performed. 2.39.050 Duties of the Board A. The duties of the Board shall include, but not be limited to, advising and making recommendations via the Chief of Police on issues concerning public safety and police services within the City, such as: 1. To enhance police- community relations; 2. To review and provide a community perspective and recommendations concerning procedures, programs, and the effectiveness of the police service; 3. To promote public awareness of the City's police services and programs including, but not limited to, business and residential crime prevention programs, safety training, domestic violence intervention, and D.A.R.E.; 4. To hold public meetings from time to time to solicit public input regarding police services and programs; 5. To serve as a liaison between the Police Department and the community; 6. To encourage individuals and community groups to assist the Police Department in the implementation of police programs and services; and COPCAB 2/18105 Page 2 of 3 7. To review and make recommendations concerning such other and further matters as may be referred to the Board, from time to time, by the Mavor, the City Council, or the Chief of Police. B. The Board shall make an annual report to the Mayor and City Council regarding its activities. C. Notwithstanding the duties of the Board as described within TMC 2.39.050A, the Board shall have no power or authority to investigate, review, or otherwise participate in matters involving specific police personnel or specific police related incidents. The Board in no way shall receive or stand in review of complaints initiated against personnel of the Police Department, nor play any role in civil or criminal litigation. 2.39.060 Meetings and Procedure A. The Board shall have at least one regular meeting per quarter on such day of the month and at such time as may be determined by the Board. Special meetings may be held as often as the Board deems necessary. All meetings of the Board shall be open to the public, except as otherwise provided in the State Open Public Meetings Act. All requirements of the Open Public Meetings Act shall be followed by the Board. B. For purposes of conducting the Board's business, exercising its powers and for all other purposes, a quorum of the Board shall consist of five or more members. Any action taken by a majority of those present, when those present constitute a quorum at any regular or special meeting of the Board, shall be deemed and taken as the action and decision of the Board. C. The Board shall elect such officers as it deems necessary in order to conduct its business. The Board shall adopt such rules of procedure as it deems necessary. D. The Board shall tape record or keep minutes of all meetings held and all business transacted. All records of the Board shall be open for public inspection, except those that may be exempt from public disclosure under State law. Minutes shall be distributed, at a minimum, to the Office of the Mayor and the Chief of Police. Section 2. Repealer. Ordinance No.1729 is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY TUKWILA, WASHINGTON, at a Regular Meeting thereof this rdday of c� 1.,(1- .i <7Al 2005. ATTEST AUTHENTICAT ED Ja' n e E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney COPCAB 2/17/05 Page 3 of 3 r- ✓Steven M. Mullet, Mayor Filed with the City Clerk ,'L Passed by the City Council: Published:.,? .-2 GA Effective Date: 3- ll Ordinance Number: T2g FINANCE AND SAFETY COMMITTEE Meeting Minutes March 3, 2009, 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Pam Linder, Chair; Joe Duffle and De' Sean Quinn Staff: Shawn Hunstock, Evie Boykan, Nick Olivas, Mary Miotke, Phi Huynh, Rhonda Berry, Dave Haynes and Kimberly Matej Guests: Tara Winkler, Seattle Jaycees; Linda Smith, Seattle Jaycees and Kendra Demuth, Seattle Jaycees CALL TO ORDER: Chair Linder called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. City resident; and Must be an authorized representative of student government; and Must be nominated by the high school government organization, and Must be maintained by the student government body. City of Tukwila Finance and Safety Committee H. BUSINESS AGENDA A. Amendments to Gambling Tax Ordinance: Charitable and Non Profit Organizations. This item was before Committee on February 3 at which time Committee members requested that representatives from the Seattle Jaycees attend so that information any questions pertaining to the proposed ordinance amendment can be clarified. The Seattle Jaycees initiated the request for waivers as outlined in the amendment, and attended tonight's meeting to explain their service and grant opportunities further. Grant application tracking, approval and unsuccessful applicant response was explained. Jaycees representatives inquired if certain organizations and/or programs would be eligible for funding through the Jaycee's such as the D.A.R.E. program or Tukwila Community Center programs. Evie Boykan stated that since this is an officially administered/tracked funding mechanism through the City, such funding awards could be considered a conflict of interest. Shawn Hunstock suggested that the best way to determine an applicant's funding eligibility from the Jaycee's would be to ensure the requirements of the Revised Code of Washington's (RCW) 9.46.0209 definition of the term charitable nonprofit organization are met. Jaycees representatives expressed their appreciation for the community partnership with the City of Tukwila. As well, Committee members were complimentary of the Jaycees continued service. The Committee is in support of the amending the City's current Gambling Tax Ordinance No. 2150 to expand the definition of eligible non profit and charitable organizations (see Committee minutes dated February 2, 2009, for additional information). UNANIMOUS APPROVAL. FORWARD TO MARCH 9 COW FOR DISCUSSION. B. Ordinance Amendment: Community Oriented Policing Citizen's Advisory Board Staff is seeking full Council approval to amend Ordinance No. 2082, relative to the requirements of the high school student representative position on the Community Oriented Policing Citizens' Advisory Board (COPCAB). Currently, the ordinance requires that the high school student representative meet the following criteria: Finance Safety Committee Minutes March 3. 2009 Page 2 This criterion substantially limits the number of students that are eligible to apply for the high school representative position on COPCAB; a position that is often difficult to fill. Staff would like to amend these criteria to reflect similar requirements and guidelines of other COPCAB positions. The change would only require that: The high school representative be a student in the Tukwila School District, and The individual be appointed by the Mayor and confirmed by the Council. This proposed amendment will broaden the Police Department's opportunity to seek out qualified high school students eligible for this position on the Community Oriented Policing Advisory Board. The Committee inquired as to how this would affect the eligibility of high school students interested in serving on COPCAB who live in Tukwila but attend high schools outside the City limits. Staff responded that as with the previous requirements, students not attending school in the Tukwila School District were not able to serve as a student representative; however, they have always and will continue to be eligible to apply for the residential representative positions. Having a student representative actively attending school in the Tukwila School District on COPCAB is essentially to information sharing among members of the Board. Committee Chair Linder suggested additional information be provided for clarification in the memo that is submitted to full Council regarding the purpose of COPCAB as well as the purpose of the student representative. UNANIMOUS APPROVAL. FORWARD TO MARCH 9 COW FOR DISCUSSION. C. An Ordinance Establishing a Drug Seizure Fund Staff is seeking full Council approval of an ordinance that will amend the 2009 -10 Biennial Budget and establish a special revenue fund for the Police Department's drug seizure revenue and expenditure activity. Currently, these funds are accumulated in the General Fund and require manual tracking of revenues and expenses throughout the year. Creating a special revenue fund specifically for this purpose will streamline the oversight process and increase efficiency relative to revenue and expenditure activities. Additionally, this separate fund will be eligible to accrue interest. Committee Chair Liner requested a memo be submitted to full Council at the same time this item goes forth, explaining the current revenue /expenditures balance relative to this account. UNANIMOUS APPROVAL. FORWARD TO MARCH 9 COW FOR DISCUSSION. D. A Resolution an Identity Theft Prevention Program Staff is seeking full Council approval of a resolution adopting an Identity Theft Prevention Program. Originally passed by Congress in 2003, implementation of policies and programs relating to the detection and prevention of identify theft were previously delayed; however, the Federal Trade Commission is now requiring that businesses adopt such programs and policies by May 1, 2009. This consumer protection law is also known as the Red Flag Rule. The Red Flag Rule specifically applies to utility accounts (such as the City's water billing) and any other account where there may be a reasonable risk for identity theft. This resolution will approve and adopt an identity theft protection program for the City which will be administered by Shawn Hunstock. UNANIMOUS APPROVAL. FORWARD TO MARCH 9 COW FOR DISCUSSION.