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Home My WebLink AboutFS 2009-03-03 Item 2B - Ordinance - Amendment to Community Oriented Policing Citizens Advisory Board (COPCAB) Composition City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: MAYOR HAGGERTON FINANCE AND SAFETY COMMITTEE FROM: David Haynes, Chief of Police DATE: February 5, 2009 SUBJECT: Amendment to Ordinance #2082 regarding the composition of the Community Oriented 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 Draft ordinance in strike-through, underline format Ordinance Number 2082 nD ,^ ~T ~~~B~tl ii AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMEI\TDING ORDINA1~CE NO. 2082, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.39, "COMMUNITY POLICING ADVISORY BOARD," REGARDING THE QUALIFICATIONS OF THE STUDENT REPRESENTATIVE, BOARD COMPOSmON, 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 emolled 'within the TID..'wila 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, IIComposition of Board,1I 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 sir,glc voting position may be occupied by only a duly authorized representati':e of student government. Section 2. Appointment Terms. Ordinance No. 2082, as codified at Tukv.'ila Municipal Code 2.39.030, IIAppointment Terms," is hereby amended to read as follows: C:\Docume.nts 2nd Setting:;\A11 Users\Desh.1op\KeJly\lI.SDA TA \Ordinances\COPCARdx PH:ksn 213f2009 Page 1 of2 2.39.030 Appointment Terms A. All Board members shall be appointed by the Mayor, with the exception of the resident high school student 'who sholl be nomiru:tted by her/his high school student go':ernment organization. :\11 Board appointment;, ~dth the exception of the student position, and shall be subject to confirmation by the City Council. B. Initial appointments to the Board shall be made for the folloVving 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:fflree members of the Board shall be appointed to four-year terms. 5. The student representati\'e position shnll be maintained by the student gOT;ernmen~ body. C. All subsequent appointments, except for vacancies and the 3tuder.t rcpresentathT, 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 TUKvVILA, WASHINGTON, at a Regular Meeting thereof this day of . 2009. ATTFST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney C:\Do-~uments and Settings\AlI Users\De.sl..'1op\KeJly'J.1SDA T A\Ordinances\COPCAB.doc PH:ksn 2f3l2009 Page 2 of2 , (~~,) ~ City of Tukwila Washington Ordinance No. J. t :1 2 AN ORDINANCE OF THE OTY COUNCIL OF THE CITY OF TUh'WILA, WASHINGTON, AMENDING CHAPTER 2.39 OF THE TUKWILA MUNICIPAL CODE, "COMMUNITY-ORIENTED POLICING CITIZENS ADVISORY BOARD," REGARDING THE COMPOSmON AND REPORTING OF THE BOARD; REPEALING ORDINANCE NO. 1729; PROVIDING FOR SEVERABILITY; AND ESTABLISIDNG AN EFFECTIVE DATE. vVHEREAS, on February 22, 1994, the City of Tul'"wila created the Community- Oriented Polidng Citizens Advisory Board (COPCAB), which has proven to be a valuable resource in the development of recommendations aimed at community-wide public safety; and vVHEREAS, 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 I....Iayor and Council on an annual basis, rather than quarterly, is deemed suffident; and WHEREAS, the recruiting of two owners or managers of businesses located 'within the City has proven to be difficult; NOW, THEREFORE, THE OTY COUNCIL OF THE CITY OF TUKvVILA, WASHINGTON, DO ORDAlN AS FOLLOWS: Section 1. Community-Oriented Policing Otizens 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-ORIENTED POLICING CITIZENS AUV1S0RY BOARD 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 2.39.010 Board Established There is hereby established for the City of Tul'wila 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 follo'wing qualifications: 1. Not less than five of the members shall be City residents, representing residential property owners and renters; COPCAB 2117/05 Page 1 of3 2. At least TIVO members shall be owners or managers of businesses located vvithin the City, providing that if the business community is unable to fill one of its TIVO 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 Terms 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 folluwing 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 h\'o-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 vacandes 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 speciat 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. 2.39.040 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 behveen 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 2118105 Page 2 on 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 Mayor, the City Council, or the Chief of Police. R The Board shall make an alIDual report to the IvIayor 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 detemOOed 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 IvIeetings Act All requirements of the Open Public Ivfeetings 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 nOOutes 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. IvIinutes shall be distributed, at a minimum, to the Office of the IvIayor 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 shill take effect and be in full force five days after passage and publication as provided by law. APPROVED AS TO FORi\'i BY: PASSED BY THE CITY COUNCIL OF THE CITY W TUK\-\IILA, WASHINGTON, ata Regular Meeting thereof this .;?:J /Yl..C!'day of'0,.Y~ <lAy, ,2005. ATTESTj AUTHEl'\l11CATED: ? (J (' I' j) l~~ ..)/~~~ M.((JIJI\o--~ ?rvSteven M. l....Iullet, Mayor ~ Filed \\ith the City Oerk: .z - (7 -oS Passed by the City Council: ;2 - .;;? :J.. 0 ~ Published: .;; - d !:,-- {}~- Effective Date: ,-:J - 2 - 6.s Ordinance Number: ctz03 d, ;7~7~~. Office of the City Attorney COPCAB 2117/05 Page 3 of3