HomeMy WebLinkAboutCDN 2019-04-23 Item 2C - Discussion - Planning Commission Appointments and TermsCity of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development & Neighborhoods Committee
FROM: Laurel Humphrey, Council Analyst
DATE: April 2, 2019
SUBJECT: Planning Commission Appointments & Terms
ISSUE
The City Council requested that the Community Development & Neighborhoods Committee discuss an
overview of processes relating to Planning Commission appointments, including process for
reappointments, Council vs Mayor role, and term limits.
BACKGROUND
Planning Commissions are authorized by state and municipal law to provide resident review and
recommendations on planning -related matters. Because Tukwila is a Mayor -Council non -Charter Code
City, its Planning Commission is empowered by the following related statues:
Revised Code of Washington 35A.63.010
(8) "Planning agency" means any person, body, or organization designated by the legislative body
to perform a planning function or portion thereof for a municipality, and includes, without limitation,
any commission, committee, department, or board together with its staff members, employees,
agents, and consultants.
Revised Code of Washington 35A.63.020
By ordinance a code city may create a planning agency and provide for its membership,
organization, and expenses. The planning agency shall serve in an advisory capacity to the chief
administrative officer or the legislative body, or both, as may be provided by ordinance and shall
have such other powers and duties as shall be provided by ordinance. If any person or persons on
a planning agency concludes that he or she has a conflict of interest or an appearance of fairness
problem with respect to a matter pending before the agency so that he or she cannot discharge his
or her duties on such an agency, he or she shall disqualify himself or herself from participating in
the deliberations and the decision -making process with respect to the matter. If this occurs, the
appointing authority that appoints such a person may appoint a person to serve as an alternate on
the agency to serve in his or her stead in regard to such a matter.
Tukwila Municipal Code Chapter 2.36.010
Pursuant to the authority conferred by RCW 35A.63, the Tukwila Planning Commission
("Commission") is hereby established to serve in an advisory capacity to the Mayor and City
Council on matters relating to land use, comprehensive planning and zoning. They shall have such
other powers and duties as enumerated by ordinance and codified in the Tukwila Municipal Code.
DISCUSSION
Table of Cities
Agency
Form of
Government
Appointments
Reappointments
Length of
Term
Term Limit
Tukwila
Mayor-
Council
7 members
appointed by
Mayor and
confirmed by
Council
Re -application not
required
4 years
None
Renton
Mayor-
Council
9 members
appointed by
Re -application not
required
3 years
None
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INFORMATIONAL MEMO
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Mayor and
confirmed by
Council
Kent
Mayor-
Council
7 members
appointed by
Mayor and
confirmed by
Council
No response to inquiry
3 years
None
Federal
Way
Mayor-
Council
7 members
appointed by
Council
Application required
4 years
None
SeaTac
Council-
Manager
7 members
appointed by
Mayor and
confirmed by
Council
Application required,
including new
background check and
interview
3 years
None
Burien
Council-
Manager
7 members
appointed by
Council
Application required
4 years
2 consecutive
Shoreline
Council-
Manager
7 members
appointed by
Council
Application required
4 years
2 consecutive
Seattle
Mayor-
Council
Charter City
7 members
appointed by
Council, 7
recommended by
Mayor and
confirmed by
Council, 1
appointed by
Commission, 1
youth
recommended by
Mayor and
confirmed by
Council
Updated resume
required
3 years
2 consecutive
Who Appoints?
There is ambiguity in RCW 35A regarding whether appointment of the Commissioners is a legislative or
executive function. The definition of "Planning Agency" in 35A.63.010 states that it is "designated by the
legislative body," and nothing in 35A.63.020 would prohibit the City Council from making the
appointments. However, RCW 35A.12,090 (Appointment and removal of officers — terms) vests the
power of appointment of "appointive officers" in the Mayor, subject to City Council confirmation if required
by ordinance. While this section seems to refer to appointed city employees such as the City Clerk and
Police Chief, "Appointive officers" is not defined.
Note that MRSC, in its 2008 guide titled "Local Government Citizen Advisory Boards," does interpret
"appointive officer" to include board and commission members:
The members of most appointive boards and commissions of the city, such as the planning
commission and the civil service commission, are considered to be officers of the city; therefore, the
mayor has specific authority in RCW 35A.12.090 to make these appointments. The council can
appoint ad hoc task forces with a specific task whose sole duty is to study a problem and report
back to the council. When that specific task is completed, the task force is dissolved.
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INFORMATIONAL MEMO
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As shown in the chart above, the City of Federal Way's Planning Commissioners are appointed by the
City Council, and Federal Way staff confirmed there is no role for the Mayor. Their ordinance was most
recently amended in 1996, and Federal Way changed from a Council -Manager to Mayor -Council form of
government in 2009. The City of Seattle, a Charter City, splits its appointments between the Mayor and
City Council, although the Council confirms both kind.
RECOMMENDATION
The Committee is asked to discuss this information and provide direction on next steps, if any. Certain
changes to the appointment and reappointment process would require an ordinance amending the
Municipal Code.
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