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Home My WebLink AboutTransit Riders Union Approved Changes Minimum Wage InitiativeAndy Youn From: Knoll D. Lowney <knoll@smithandlowney.com> Sent: Tuesday, November 22, 2022 2:07 PM To: Katie Wilson; Kari Sand Cc: Christy O'Flaherty; Andy Youn; Laurel Humphrey Subject: Re: Tukwila Initiative Measure No. 1 ("Raise the Wage") - Clarify Reference to SeaTac (page 4) - Keep or Change? I agree with Katie that we need to retain the reference to SeaTac MC or attach a dollar number. Knoll Lowney Lawyer Smith & Lowney PLLC 2317 E. John St. Seattle, WA 98112 Direct: (206) 860-2976 Main: (206) 860-2883 www.smithandlowney.com CONFIDENTIALITY NOTE: This e-mail message maybe privileged, confidential and/or protected from disclosure. Please notify the sender if you have received this message in error and then delete this email. If you are not the intended recipient any dissemination, distribution, or copying is strictly prohibited. From: Katie Wilson <katie@transitriders.org> Sent: Tuesday, November 22, 2022 1:18 PM To: Kari Sand <Kari.Sand@TukwilaWA.gov> Cc: Christy O'Flaherty<Christy.OFlaherty@TukwilaWA.gov>; Andy Youn <Andy.Youn@TukwilaWA.gov>; Laurel Humphrey <Laurel.Humphrey@TukwilaWA.gov>; Knoll D. Lowney <knoll@smithandlowney.com> Subject: Re: Tukwila Initiative Measure No. 1 ("Raise the Wage") - Clarify Reference to SeaTac (page 4) - Keep or Change? Hi Kari and all, I think we do need to keep the reference to SeaTac's Municipal Code, since that is what determines the initial benchmark for the new Tukwila minimum wage. If we change it to Tukwila, that section becomes circular and doesn't refer to an actual number. The only way I can think of to take out the SeaTac reference, if that is desired, would be to substitute an actual number: • "Effective July 1, 2023, every large employer shall pay to each employee an hourly wage of not less than $17.54, adjusted for 2023 by the annual rate of inflation." • "Effective July 1, 2023, every large employer shall pay to each employee an hourly wage of not less than $18.99." These two options should have the same practical effect, though the first may be confusing. But probably maintaining the voter -approved language is the best route, unless there's a good reason not to refer to SeaTac's code. 1 Knoll knows more about this stuff than I do so he can weigh in if I'm missing anything here. I'll review the entire document and confirm that the rest looks good before Nov. 29. Thanks! Katie On Nov 22, 2022, at 9:57 AM, Kari Sand <Kari.Sand@TukwilaWA.gov> wrote: Good morning, Katie -- Please see attached the updated document that will codify the Minimum Wage Initiative into the Tukwila Municipal Code. There are track changes remaining on page 4 regarding the question of the living wage rate. Our question to you is do we keep the reference to SeaTac's Municipal Code or refer to Tukwila now instead? Please confirm one way or another. Also, please carefully review the entire document and let us know if there are any other changes needed prior to codification into the Tukwila Municipal Code. The substance (text) is as presented to, and approved by, the voters, and the only changes we made were to the lettering and numbering (formatting) for codification purposes. As you know, King County Elections will certify the results one week from today on November 29, so please respond with any further changes needed by then. Wishing you and yours a very Happy Thanksgiving. Best regards, Kari IKarii L. Sand Attorney Ogden Murphy Wallace, PLLC 901 Fifth Avenue, Suite 3500 1 Seattle, WA 98164 Direct: 206.447.2250 1 Fax: 206.447.0215 ksand@omwlaw.com 1 www.omwlaw.com Notice: Emails and attachments may be subject to disclosure pursuant to the Public Records Act (chapter 42.56 RCW). From: Katie Wilson <katie@transitriders.org> Sent: Tuesday, November 15, 2022 7:44 PM To: Kari Sand <Kari.Sand@TukwilaWA.gov> Cc: Christy O'Flaherty<Christy.OFlaherty@TukwilaWA.gov>; Knoll D. Lowney <knoll@smithandlowney.com>; Laurel Humphrey <Laurel.Humphrey@TukwilaWA.gov> Subject: Re: Tukwila Initiative Measure No. 1 ("Raise the Wage") - Clarify CPI Index Sounds good. Thank you! On Nov 15, 2022, at 6:30 PM, Kari Sand <Kari.Sand@TukwilaWA.gov> wrote: Katie, Great, and thank you so much for confirming so promptly. We will prepare a draft for your review, and I anticipate we may have more questions after working on the draft. I'll reach out again if that is the case. 2 Best regards, Kari Kari L. Sand Attorney Ogden Murphy Wallace, PLLC 901 Fifth Avenue, Suite 3500 1 Seattle, WA 98164 Direct: 206.447.2250 1 Fax: 206.447.0215 ksand@omwlaw.com 1 www.omwlaw.com Notice: Emails and attachments may be subject to disclosure pursuant to the Public Records Act (chapter 42.56 RCW). From: Katie Wilson <katie@transitriders.org> Sent: Tuesday, November 15, 2022 3:59 PM To: Kari Sand <Kari.Sand@TukwilaWA.gov> Cc: Christy O'Flaherty<Christy.OFlaherty@TukwilaWA.gov>; Knoll D. Lowney <knoll@smithandlowney.com>; Laurel Humphrey <Laurel.Humphrey@TukwilaWA.gov> Subject: Re: Tukwila Initiative Measure No. 1 ("Raise the Wage") - Clarify CPI Index Hi Kari, Thanks for reaching out. Yes, it is fine with us if you make changes to the numbering and lettering of sections and subsections to make it consistent with the TMC. Best, Katie On Nov 15, 2022, at 2:43 PM, Kari Sand <Kari.Sand@TukwilaWA.gov> wrote: Greetings, Katie -- Recall that my firm and I serve as the contracted Tukwila City Attorney. Congratulations on the approval of Tukwila Initiative Measure No. 1 ("Raise the Wage") by Tukwila voters. As we await the certification results, I have a question about codification of the initiative measure language into the Tukwila Municipal Code ("TMC"). To be consistent with the format and organization of the rest of the TMC, may we revise the numbering, including adding lettering of subsections, of the initiative? We understand that we cannot change the initiative language, but we would like to change the numbering/lettering of the sections and subsections consistent with the TMC, as was done when other cities codified similar initiatives into their codes. Please confirm that such formatting -only changes are acceptable. Feel free to call my cell (253.988.5825), if this is easier to discuss by telephone. Thank you, 3 Kari Karl L. Sand Attorney Ogden Murphy W� Vllace, PLLC 901 Fifth Avenue, Suite 3500 1 Seattle, WA 98164 Direct: 206.447.2250 1 Fax: 206.447.0215 ksand@omwlaw.com 1 www.omwlaw.com Notice: Emails and attachments may be subject to disclosure pursuant to the Public Records Act (chapter 42.56 RCW). From: Kari Sand <Kari.Sand@TukwilaWA.gov> Sent: Friday, July 29, 2022 2:26 PM To: Katie Wilson <katie@transitriders.org> Cc: Christy O'Flaherty <Christy.OFlaherty@TukwilaWA.gov>; Knoll D. Lowney <knoll@smithandlowney.com> Subject: Re: Tukwila Initiative Measure No. 1 ("Raise the Wage") - Clarify CPI Index Katie, Thank you for the prompt clarification and follow-up. Unless I hear differently from Knoll, we will proceed as indicated below. Enjoy the rest of your vacation. Best regards, Kari IK irii L. Sand Attorney Ogden Murphy Wallace, PLLC 901 Fifth Avenue, Suite 3500 1 Seattle, WA 98164 Direct: 206.447.2250 1 Fax: 206.447.0215 ksand@omwlaw.com 1 www.omwlaw.com Notice: Emails and attachments may be subject to disclosure pursuant to the Public Records Act (chapter 42.56 RCW). From: Katie Wilson <katie@transitriders.org> Sent: Friday, July 29, 2022 12:07 PM To: Kari Sand <Kari.Sand@TukwilaWA.gov> Cc: Christy O'Flaherty <Christy.OFlaherty@TukwilaWA.gov>; Knoll D. Lowney <knoll@smithandlowney.com> Subject: Re: Tukwila Initiative Measure No. 1 ("Raise the Wage") - Clarify CPI Index Hi Kari, Good to talk with you earlier, I'm glad we got the CPI question clarified. I texted Knoll the question about Section 9, why it begins with "A new section is added to 4 TMC Chapter 5.04 as follows:" and how this differs from the other sections. He replied: "I'm afraid I'm out of town and don't have it in front of me. But yes the entire thing is going into the municipal code. It may be that there's another reference to creating a new chapter, or others are an amendment. I'm not sure but it all goes into the code" I'm cc-ing Knoll here, and hopefully he can take a closer look when he gets back into town. I did notice that Section 14 reads: Section 14. Codification. All sections of this ordinance except section 9 shall be codified in a new chapter of the Tukwila Municipal Code. So, my guess is that all the other sections become one new chapter, whereas Section 9 alone is added to an existing chapter (5.04). Thanks! Katie On Jul 29, 2022, at 11:43 AM, Kari Sand <Kari.Sand@TukwilaWA.gov> wrote: Greetings, Ms. Wilson (Katie)— I serve as the City Attorney for the City of Tukwila. I am contacting you because you reached out to the Tukwila City Clerk's office initially regarding this initiative. Per RCW 29A.32.040, we are preparing the Explanatory Statement that will accompany the initiative measure regarding the so-called "Raise the Wage" initiative. We have a clarification question about the Raise the Wage proposal. Specifically Section 3, subsections 1-3 provides that wages shall be adjusted by the annual rate of inflation. Do you intend to have this based on the Seattle -Tacoma -Bellevue Area CPI -W index or use a different index? Please specify and confirm which CPI index will be used to determine the annual rate of inflation. If you are not the right person to contact regarding this question, then please connect me with the appropriate person. Thank you, Kari Kari L. Sand Attorney Ogden Murphy Wallace, PLLC 5 901 Fifth Avenue, Suite 3500 1 Seattle, WA 98164 Direct: 206.447.2250 1 Fax: 206.447.0215 ksand@omwlaw.com 1 www.omwlaw.com Notice: Emails and attachments may be subject to disclosure pursuant to the Public Records Act (chapter 42.56 RCW). CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click links from an unknown or suspicious origin. CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click links from an unknown or suspicious origin. CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click links from an unknown or suspicious origin. <2722655.DOCX> CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click links from an unknown or suspicious origin. 6