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HomeMy WebLinkAboutord2022-065Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2022-521 File ID: AB2022-521 Version: 1 Status: Adopted File Created: 09/19/2022 Entered by: THelms@co.whatcom.wa.us Department: County Executive's File Type: Ordinance Office Assigned to: Council Final Action: 10/11/2022 Agenda Date: 10/11/2022 Enactment #: ORD 2022-065 Primary Contact Email: kSchottb@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance adding a new Chapter 2.107 to the Whatcom County Code to create a Whatcom Racial Equity Commission SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Ordinance adding a new Chapter 2.107 to the Whatcom County Code to create a Whatcom Racial Equity Commission HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 09/27/2022 Council INTRODUCED AS Council AMENDED Aye: 5 Buchanan, Donovan, Frazey, Galloway, and Kershner Nay: 2 Byrd, and Elenbaas Absent: 0 10/11/2022 Council ADOPTED Aye: 4 Buchanan, Donovan, Frazey, and Galloway Nay: 3 Byrd, Elenbaas, and Kershner Absent: 0 Attachments: Staff Report, Proposed Ordinance as Introduced 9.27, Introduction Brief, Data by District, Whatcom County Page 1 Printed on 10/1212022 Agenda Bill Master Report Continued (AB2022-521) Additional Information, Research on Existing Entities, Presentation for 10/11/22 Whatcom County Page 2 Printed on 1011212022 1 PROPOSED BY: SIDHU• BUCHANAN• GALLOWAY 2 INTRODUCTION DATE: 9/27/22 3 4 5 ORDINANCE NO. 2022-065 6 7 AN ORDINANCE ADDING A NEW CHAPTER 2.107 TO THE WHATCOM COUNTY CODE 8 TO CREATE A WHATCOM RACIAL EQUITY COMMISSION 9 10 WHEREAS, throughout the history of the United States systemic racism has 11 manifested by acts of discrimination and oppression directed towards Black, Indigenous and 12 people of color (BIPOC) and their communities resulting in fear, anxiety, trauma, terror, and 13 long-term physical and mental health impairments, disproportionate representation in the 14 criminal justice system as well as causing economic oppression for the targets of racism, 15 their communities, and subsequent generations; and 16 17 WHEREAS, systemic racism has resulted in race as a social determinant of health, 18 with persistent racial disparities nationally in all aspects of health including housing, 19 education, healthcare, employment, worker protections, criminal justice, climate impacts, 20 food access, and technology, and the Center for Health Progress has reported that data 21 shows race, income, and ZIP Code have a bigger impact on health than behavior or medical 22 care; and 23 24 WHEREAS, data gathered by the Whatcom County Health Department for the 2011 25 Community Health Assessment and 2018 Community Health Assessment showed evidence 26 of disparities by race and ethnicity across several systems in Whatcom County: education, 27 health care, criminal justice, and childcare, among others; and 28 29 WHEREAS, coalitions, task forces, committees, and other designated Whatcom 30 County and City of Bellingham organizations whose focus is on children and families, climate 31 impact, community health improvement, affordable housing, and other policy areas, have 32 identified the disproportionate impacts and disparities experienced by the BIPOC 33 community; and 34 35 WHEREAS, while addressing racial inequity is a national issue and is long overdue, 36 there is a responsibility and necessity for municipal and county governments, and local 37 communities, to proactively engage in advancing racial equity at the local level; and 38 39 WHEREAS, there has been substantial, ongoing community discussion and demand 40 for action regarding local government proactively seeking to eliminate racial inequities and 41 advancing racial equity in Whatcom County; and 42 43 WHEREAS, on Tuesday, November 24t", 2020, the Whatcom County Council acting 44 as the Health Board adopted the Resolution Affirming Racism as a Public Health Crisis; and 45 46 WHEREAS, on Monday, September 271", 2021, the Bellingham City Council 47 unanimously adopted a Resolution Affirming Racism as a Public Health Crisis; and 48 49 WHEREAS, these Resolutions commit both the Whatcom County Health Board and 50 City of Bellingham to making both the County and City a "welcome, inclusive, and safe 51 community for everyone," and "actively participating in the dismantling of systemic racism 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 and its impacts" by reviewing and proposing changes to policies, practices and policymaking to promote racial equity as needed; and WHEREAS, Whatcom County has become a member of the Government Alliance on Race & Equity (G.A.R.E.); and WHEREAS, best practices, including toolkits from the Government Alliance on Race & Equity, indicate that meaningful action by the government to address racial equity must include engagement with diverse communities to effectively achieve goals; and WHEREAS, to address the County's racial equity commitments and priorities, Whatcom County and City of Bellingham engaged with Chuckanut Health Foundation to convene a community -driven process that engaged in substantial outreach and was informed by a preparatory group of community stakeholders to develop recommendations for the founding of a Whatcom Racial Equity Commission to help achieve equity goals outside the scope of city or county government; and 18 WHEREAS, the preparatory group of community members have concluded their 19 work and provided Whatcom County and City of Bellingham with the recommendation to 20 establish a Whatcom County Racial Equity Commission; 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Chapter 2.107, Whatcom Racial Equity Commission, is hereby established as outlined in Exhibit A to this ordinance. ��o�w�Yb�e�arsrr®r P E t ®�® day of octob ® ©®m® � 4 ' g�am°° AT 9� l Dana-Browai,i k®of the Council �4w WHATCOM'CQUNTY gXtE�UTIVE APPROVED AS T6 �ORM: er , 2022. Christopher Quinn (signed electronically 9121122) CHRISTOPHER QUINN Civil Deputy Prosecutor WHATM COUNTY COUNCIL WH I W,,�MUNTY, WASHINGTON , ou ci,I.Cfiair WHATCOM COUNTY, WAO&WINGTON Sen Satpal Sidhu, County Executive ( ) Approved ( ) Denied Date Signed: 1 EXHIBIT A 2 CHAPTER 2.107 WHATCOM RACIAL EQUITY COMMISSION 3 4 Sections: 5 2. 107.010 Established 6 2. 107.020 Purpose 7 2. 107. 030 Guiding Principles 8 2. 107. 040 Function 9 2. 107. 050 Representative Members 10 2. 107. 060 Additional Appointed Members 11 2. 107. 070 Appointment Procedure 12 2. 107. 080 Liaison Members 13 2. 107. 090 Term of Office 14 2. 107. 100 Organization - Meetings 15 2. 107. 110 Staff and Funding Support 16 2. 107. 120 Reporting 17 18 19 2. 107. 010 Established 20 21 There is hereby established a Whatcom Racial Equity Commission. 22 23 24 2. 107. 020 Purpose 25 26 As a conduit for ongoing community collaboration, engagement, and education, within the 27 broader context of diversity and inclusion, the purpose of the Whatcom Racial Equity 28 Commission is to gather, review, and evaluate data and to make recommendations on 29 eliminating racial inequities, in all its forms, throughout Whatcom County. 30 31 32 2. 107. 030 Guiding Principles 33 34 The Commission shall adhere to the following principles in all its work: 35 1. Racial equity -Strive to eliminate inequities and proactively advance equity and 36 justice 37 2. Data -based decision -making -Collect and rely on quantitative and qualitative data 38 to identify objectives and measurable outcomes and to inform strategies for reaching 39 desired outcomes. 40 3. Local community involvement in decision -making processes- Recognize and 41 promote the essential value in the expertise of lived experiences; support inclusion 42 that is critical to this work, especially inclusion of communities presently and 43 historically impacted by racial inequities. 44 4. Attention to all affected by decisions -Propose decisions to advance racial equity 45 that are examined to identify those groups benefited or burdened by their 46 consequences; and develop strategies to avoid or mitigate the unintended effects of 47 such decisions. 1 5. Transparency —Ensure the Commission's processes and actions are fully 2 transparent and subject to public review; ensure public access to information and 3 data used in the Commission's decision -making processes. 4 5 6 2. 107. 040 Function 7 The Commission is established to: 1. Serve as an advisory board to local government agencies, other organizations committed to the aims of the Commission, and the county -wide community with regard to racial equity. 2. Serve as a community forum on racial equity and create mechanisms to identify issues, concerns, needs, and resources. 3. Gather and analyze disaggregated qualitative and quantitative data to identify racial disparities and disproportionalities in the areas of concern. 4. Develop and propose to local government a coordinated and comprehensive plan to address racial inequity in Whatcom County. This plan shall include measurable objectives and indicators by which progress toward racial equity in all its aspects is to be measured. The Commission shall review and update the plan as necessary. 5. Develop recommended strategies for implementing the plan, including proposed timelines to achieve each equity objective, together with recommendations for shared governmental and community accountability for addressing racial disparities in Whatcom County. 6. Provide recommendations to the Whatcom County Council and the Executive, to the Bellingham City Council and Mayor, and to other relevant entities and jurisdictions concerning: a. Revisions to organizational policies, procedures, and ordinances as may be needed to promote transparency and diminish racial inequities that may exist. b. Budget priorities that may be necessary to mitigate and prevent the impacts of racial inequities in local government. c. Other policies that promote racial equity in response to emerging needs that may require new policies and flexibility in revising earlier proposals. 7. Seek to increase community awareness of current and historical racial inequity, serving as a resource and conduit for education and public information. 8. Review and advise on strategies for reducing barriers to public participation in commissions, boards, task forces, committees, or other similar groups established to participate in County government which function primarily as an advisory, coordinating or planning capacity. 9. Report work and progress to the community, Whatcom County and the City of Bellingham on an annual basis. 10. Seek grants and other funds to support Commission work, in addition to the funds it may receive from Whatcom County and City of Bellingham. 42 43 2. 107. 050 Representative Members 44 45 The Whatcom Racial Equity Commission shall consist of up to thirty-one voting members 46 including the following twelve designated participants or their representatives. It is encouraged that those who have an interest in or have been impacted by racial equity issues are given preference by organizations, entities, and jurisdictions when considering whom to designate or select to serve on the Commission: 1. One Representative, Lummi Nation, appointed by Lummi Indian Business Council; 2. One Representative, Nooksack Tribe, appointed by Nooksack Indian Tribe; 3. Designated Representative, Whatcom County staff member working to advance racial equity within County departments; 4. Designated Representative, City of Bellingham staff member working to advance racial equity within City of Bellingham departments; 5. Designated Representative from a municipal equity advisory body outside of the City of Bellingham; 6. Law enforcement chief, lieutenant, or other representative, selected by WC Sheriffs & Police Chiefs Association; 7. Whatcom County School Superintendent, Selected by the eligible Whatcom County School Superintendents; 8. One community health representative with experience serving Hispanic and Latino individuals and communities. This representative may be associated with organizations such as Community to Community or SeaMar; organizations to be considered and selected when filling vacant positions by the Commission's Appointment Committee; 9. One designated economic development professional, selected by Port of Bellingham Economic Development Division and Whatcom Associate Development Organization; 10. Up to 3 representatives from organizations working in Whatcom County to advance racial equity and human rights; organizations to be considered and selected when filling vacant positions by the Commission's Appointment Committee. 2. 107. 060 Additional Appointed Members In addition to those members designated above, the Whatcom Racial Equity Commission shall include up to nineteen members appointed by the Mayor of Bellingham and County Executive from the following categories of community members: 1. Up to 7 Community Members, which group shall include at least one of the following: a. A student living in Whatcom County; b. A community member with experience caring for a student currently attending a Whatcom County public school such as parent, foster parent, grandparent, caregiver, or guardian; c. An immigrant, migrant, or refugee; d. A business owner, manager, or independent contractor; e. A youth or young adult aged 16-24 at the time of appointment; 2. Two Diversity Officers or Staff Members engaged in DEI Work in educational institutions: one working in local higher education institutions and one working in local K-12 schools; 3. Two Human Service Providers, including but not limited to, victim or offender services, housing or houseless services, and mental health services; 4. Up to 4 Subject Matter Experts, Individuals with Expertise in, and/or Specialists in the Commission's areas of concern; 5. One Social Justice Advocate or Activist whose area of focus is racial equity; 1 6. One Representative from a Philanthropic Organization; 2 7. One Faith Leader; 3 8. One Multilingual Health Care Provider. 4 5 All candidates under this section shall have an interest in or have been impacted by racial 6 equity issues. Candidates under this section shall apply for appointment to the Commission 7 and meet the requirements for appointment as outlined in the Whatcom County Code. 8 9 10 2. 107. 070 Appointment Procedure 11 An Appointment Committee consisting of one staff representative for Whatcom County 12 appointed by the County Executive, one staff representative for the City of Bellingham 13 appointed by the Mayor of Bellingham, and four community representatives recommended 14 by the County Executive and confirmed by the County Council shall be established to 1) 15 review applications for appointed Commission positions 2) evaluate applicant's eligibility for 16 appointment, and 3) provide written recommendations for Commission appointments to the 17 County Executive and Mayor of Bellingham. Once established under this ordinance, the 18 Commission Steering Committee shall supersede the four community representative 19 members on the Appointment Committee. On no less than an annual basis, the 20 Appointment Committee shall assess Commission vacancies and perform its duties as 21 provided herein. 22 23 In seeking and selecting members for Commission appointments, the Mayor of Bellingham 24 and County Executive shall seek to represent the broadly diverse communities across 25 Whatcom County with consideration to geography, income level, and a demonstrated 26 commitment to diversity, equity, and inclusion. 27 28 Appointed members shall be subject to confirmation by a majority vote of both Whatcom 29 County Council and Bellingham City Council per Whatcom County Charter 3.23. 30 31 32 2. 107. 080 Liaison Members 33 34 In addition to the voting members above, The Whatcom Racial Equity Commission shall 35 include up to six non -voting liaison members or their representatives. 36 37 1. Whatcom County Executive; 38 2. Whatcom County Council Member; 39 3. Mayor of Bellingham; 40 4. Bellingham City Council Member; 41 5. One Chief Executive Officer from Cities in Whatcom other than Bellingham, Selected 42 by the Small Cities Partnership; 43 6. One Councilmember from Cities in Whatcom other than Bellingham, Selected by the 44 Small Cities Partnership; 45 46 47 2. 107. 090 Term of Office 48 1 All members shall serve two-year terms. Members may serve up to six years consecutively. 2 Members who have previously served six consecutive years may be reappointed to the 3 commission after one year of non -membership. Members may serve extended terms 4 without a year of non -membership if approved by a vote of the Commission. 5 Each member shall continue to serve until a successor has been found unless the member 6 was removed from the Commission. Members may be removed by appointing authorities 7 following a vote recommending removal by remaining Commissioners. 8 9 A member term of three years shall be extended to half of the first appointed Commission 10 members to stagger term cycles for future slates of Commissioners. These Commission 11 members will also be allowed to serve up to seven consecutive years from this initial 12 appointment. 13 14 15 2. 107. 100 Organization — Meetings 16 17 A. The Commission shall comply with the Open Public Meetings Act under RCW 42.30. 18 B. Meetings of the Commission shall be open and accessible to the public. 19 C. At every meeting, the Commission will schedule an open session to take public 20 comment on issues associated with commission work. 21 D. Written records of meetings, resolutions, findings, and recommendations shall be 22 kept, and such records shall be available to the public. 23 E. The Commission shall adopt its own rules and procedures for the conduct of business 24 which may include commission member expectations and agreements rooted in best 25 practices for equitable decision- making. 26 F. The Commission shall elect co-chairs from among its members to preside at its 27 meetings. 28 G. The Commission co-chairs, any other Commission officers, and three additional 29 members shall serve as the Commission's Steering Committee. 30 H. The Commission shall determine its meeting schedule and work with Commission 31 staff to set the agenda but shall meet at least six times per year. 32 I. The Commission may form and appoint ad hoc committees to work on specific 33 issues, so long as at least two Commission members are also members of each ad 34 hoc committee. 35 36 37 2. 107. 110 Staff and Funding Support 38 39 Commission staff shall carry out the purpose, function, and daily operations of the 40 Commission with support from Whatcom County Staff as necessary. The Commission and its 41 designated representatives shall be responsible for planning and hosting meetings; 42 recruiting, orienting, and engaging members; and ensuring adherence to provisions of the 43 Commission's bylaws, policies, and procedures. 44 45 Local government funding of the Commission to perform its duties may be provided for 46 pursuant to an interlocal agreement entered into between Whatcom County and other 47 participating jurisdictions. 48 49 As may be permissible under law, the Commission, including its staff and operations, may 50 seek fiscal sponsorship by a 501(c)(3) nonprofit entity for the purpose of advancing its work. Additionally, and as may be permissible under law, the Commission may seek additional funds from public and private grant -offering bodies for purposes of advancing its functions. 2. 107. 120 Reporting At least annually and within the second quarter of each year, the Commission will provide a written report and recommendations to the County Council, Bellingham City Council, Mayor of Bellingham, and County Executive on progress.