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HomeMy WebLinkAboutPacket Special COTW Apr 22 2025Whatcom County Council Special Committee of the Whole COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Meeting Agenda Tuesday, April 22, 2025 l PM Hybrid Meeting - Council Chambers HYBRID MEETING - ADJOURNS BY 4:00 P.M. (PARTICIPATE IN -PERSON, SEE REMOTE JOIN INSTRUCTIONS AT www.whatcomcounty.us/joinvirtualcouncil OR CALL 360-778-5010) COUNCILMEMBERS Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Kaylee Galloway Jon Scanlon Mark Stremler CLERK OF THE COUNCIL Cathy Halka, AICP, CMC Council Special Committee of the Whole Meeting Agenda Call To Order Roll Call Announcements April 22, 2025 Individuals who require special assistance to participate in the Council's meetings are asked to contact the Council Office at 360.778.5010 at least 96 hours in advance. This committee meeting is also noticed as a meeting of the Whatcom County Council, with the agenda limited to committee business. Committee Discussion 1. AB2025-277 Discussion of councilmember policy priorities and council meeting procedures 2. AB2025-323 Discussion regarding a proposed addition to Whatcom County Code, Construction Projects - Pre -Hire Agreements Items Added by Revision Other Business Adiournment Whatcom County Page 2 Printed on 71812025 Whatcom County Agenda Bill Master Report File Number: AB2025-277 File ID: AB2025-277 Version: 1 File Created: 03/19/2025 Entered by: CHalka@co.whatcom.wa.us Department: Council Office File Type: Discussion Assigned to: Council Special Committee of the Whole Agenda Date: 04/22/2025 Primary Contact Email: chalka@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Discussion of councilmember policy priorities and council meeting procedures SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: None HISTORY OF LEGISLATIVE FILE COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 Status: Discussed and Motion(s) Approved Final Action: 04/22/2025 Enactment #: Date: Acting Body: Action: Sent To: 04/01/2025 Council Special Committee of the Whole DISCUSSED AND MOTION(S) APPROVED 04/22/2025 Council Special Committee of the Whole DISCUSSED AND MOTION(S) APPROVED Attachments: 2025 Councilmember Priorities, Whatcom County Code Chapter 2.02 County Council, Substitute Whatcom County Code Chapter 2.02 County Council, 2025 Councilmember Priorities for 4.22.2025 Whatcom County Page 1 Printed on 7/8/2025 2025 Councilmember Priorities See AB2025-277 • Budget • Comprehensive Plan Update • Justice Project Implementation • Opioid/Fentanyl Crisis • Housing and Homelessness • Healthy Children's Fund • Whatcom County Ferry • Food Security • Charter review commission/charter amendments • Large construction projects: jail, Northwest Annex, 23 hour crisis relief center • Comprehensive plan update • Health of the road fund • Impact of projected state & federal funding cuts on county • Adjudication • County priorities for the 2025 state legislative session • The potential impact of the pending State Supreme Court decision regarding public defender caseload standards • Continue to strengthen the Council & legislative branch of county government • Healthy Children's Fund • Lummi Island ferry — summer 2025 deadline for the county to determine its financial plan • Budget prioritization process and mid -biennium review • Council contract review thresholds & update to contract code • HR policies - Matrix Consulting study • Fire/EMS study • Cross -border economy & travel, impact on Point Roberts, Blaine, Lynden, Sumas, and county, World Cup 2026 planning & opportunity • Birch Bay incorporation study • Point Roberts economic study & stormwater study • Community Health Assessment • Board of Health structure • Learning/sharing across local healthcare projects across the county: East Whatcom County Health Equity Zone; the Lummi Island partnership between WWU, PeaceHealth, and the Lummi Island Health and Wellness Committee; SeaMar clinic at Mount Baker High School; Nooksack Tribe health center expansion; Point Roberts clinic/public hospital district • Ideas to reduce costs & time for permitting for housing - pull from recs from Business and Commerce Advisory Committee, Housing Advisory Committee and others • Winter 2025-26 shelter & year-round shelter Chapter 2.02 COUNTY COUNCIL* Sections: 2.02.005 Council - Composition. 2.02.010 Council -Terms of office. 2.02.015 Council vacancies - Announcement. 2.02.020 Council vacancies - Qualifications. 2.02.025 Council vacancies - Nominations. 2.02.030 Council vacancies - Procedures. 2.02.035 Council vacancies - Term of appointee. 2.02.040 Meetings - General rules. 2.02.045 Meetings - Agenda. 2.02.050 Meetings - Council acting in other capacities. 2.02.055 Meetings -Order of business. 2.02.060 Meetings - Decorum of debate. 2.02.065 Meetings - Powers of the chair. 2.02.070 Meetings - Annual reorganization and election of officers. 2.02.075 Standing committees - Established. 2.02.080 Standing committees - Membership. 2.02.085 Committee action. 2.02.090 Membership on required boards, commissions, and committees. 2.02.095 Election of councilmembers as representatives to various boards and committees. 2.02.100 Resolutions - General provisions. 2.02.105 Ordinances - General provisions. 2.02.110 Ordinances - Introduction. 2.02.115 Ordinances - Reintroduction. 2.02.120 Ordinances - Publication of proposed and enacted ordinances. 2.02.125 Ordinances - Effective date. 2.02.130 Ordinances - Veto message - Overriding. 2.02.135 Emergency ordinances. 2.02.140 Signature on documents. 2.02.145 Requests for ordinances or legal opinions. 2.02.150 Duties of the chair. 2.02.155 Clerk. 2.02.160 Hearing examiner. 2.02.165 Other staff selected by the county council. 2.02.170 Correspondence requirements. 2.02.175 Requests of the executive branch. 2.02.180 Handling complaints and concerns. 2.02.185 Travel and expense approval. 2.02.190 Suspension of rules. *Prior legislative history: Ord. 2008-004 repealed Ch. 2.02. Ords. 79-1, 79-7, 81-107, 88-10, 88-21, 88- 25, 89-17, 89-26, 90-6, 90-8, 91-001, 91-030, 94-007, 95-003, 95-055, 96-035, 2001-061, 2002-022, 2004-006 and 2007-044 and Resos. 79-1, 79-2, 80-42, 82-1, 82-8, 83-45, 85-3, 97-006, 98-020 and 99-045 were formerly codified in the chapter. 2.02.005 Council — Composition. The council shall consist of seven members, one councilmember from each of the five council districts and two councilmembers at large. (Ord. 2017-081 Exh. A; Ord. 2016-038 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.010 Council — Terms of office. The term of office of each elected councilmember shall be four years commencing with the second Monday in January following election, and until a successor has been elected and has qualified. Elected councilmembers shall serve no more than three consecutive full terms in office. Terms are considered consecutive unless they are at least four years apart. The limit in terms shall be applied prospectively only, beginning with the elections in 2017 and 2019 (Whatcom County Charter 2.14 — Amended by referendum 2015). (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.015 Council vacancies — Announcement. A. The council shall publicly announce any vacancy and shall provide a reasonable period for interested candidates to contact councilmembers and request that his or her name be considered for the vacant position. B. Such announcement shall be made at least 10 days before the vacancy is filled. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.020 Council vacancies — Qualifications. A. A vacancy on the county council shall be filled by a qualified registered voter and resident of the district he or she represents, meeting all of the qualifications of Section 4.20 of the Whatcom County Charter. B. Any information provided by a nominee may be checked to verify qualifications, and submission of a personal resume may be requested. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.025 Council vacancies — Nominations. A. Nominations to fill a vacancy on the county council shall be made by any councilmember by nominating an individual by name in a regular open meeting. No councilmember may nominate himself or herself. B. All names submitted may be referred to a committee of the whole for consideration. C. Nominees may be personally interviewed by a committee of the council, or any councilmember(s) chosen by the council to conduct such interviews. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.030 Council vacancies — Procedures. A. An appointment to fill a vacancy on the council shall be approved by an affirmative roll -call vote by a majority of the council. The council majority shall be four votes. B. A nominated councilmember shall be allowed to vote for other nominees. C. If at any time, by virtue of vacancies on the council, the membership of the council is reduced below that required to constitute a quorum (four members), the council may nevertheless fill the vacancies by an affirmative roll -call vote by a majority of the remaining council. D. If a council vacancy remains unfilled for a period of 30 days because of the inability of the council to make the appointment, the vacancy shall be filled within 15 additional days by the county executive from among those persons nominated by the members of the council. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.035 Council vacancies — Term of appointee. Section 4.50 of the Whatcom County Charter shall govern the term for which the appointee may serve. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.040 Meetings — General rules. A. It is the policy of the council that, to the greatest extent possible, all official meetings of the council and its committees shall be open to the public, with the exception of "executive sessions" (closed to the public), for certain limited topics, as defined in RCW 42.30.110. All council and committee meetings will be held in compliance with the State Open Public Meetings Act (Chapter 42.30 RCW). B. Regular meetings of the county council and its standing committees shall be held every other Tuesday in the Whatcom County Council Chambers, unless decided otherwise by the council. A schedule of specific meeting dates shall be approved by resolution annually. The chairperson of the council or the chairperson of any of its standing committees may call special meetings as required, provided proper public notice and notice to councilmembers are given. C. Committee of the whole meetings will be scheduled as necessary. These meetings may be canceled at the will of the council. D. Executive sessions (closed meetings) may be held in accordance with the provisions of the Washington State Open Public Meetings Act (RCW 42.30.110). E. All council and council committee meetings shall be conducted pursuant to The American Institute of Parliamentarians Standard Code of Parliamentary Procedure, latest edition, except when in conflict with the standing rules of the council. A copy of the Standard Code of Parliamentary Procedure shall be available in the council office for review. F. A majority (four members) of the council shall be in attendance to constitute a quorum and shall be necessary for the transaction of the council's business. A majority of a council committee (two members) shall be necessary for the transaction of a committee's business. If a quorum is not present, the chair may call the meeting to order to establish that a meeting was held, but no official action may be taken. Agenda items that do not require official action may be dealt with, such as a minor discussion or report. At the conclusion of the meeting those in attendance will be named and they shall adjourn to a later time. G. In the event of a tie in votes on any motion, the motion shall be considered lost. H. Any session of the council may be continued or adjourned from day to day, or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting thereafter (RCW 42.30.090). I. The council may schedule work sessions (open to the public) at the call of the council chair or of any two or more members of the council to review forthcoming programs of the county, receive progress reports on current programs or projects, or receive other similar information from the county executive or county staff. Formal action may be taken at these meetings. J. The clerk of the council shall keep an account of all proceedings of the council. Written minutes shall be recorded promptly after every meeting and, upon approval by the council, shall be entered in a 1: Suggested change: Add hard stop meeting time of 10 pm. May need to add language re: what to do with items not completed (reschedule for 2 weeks or add extra council meetings) minutes book constituting the official record of the council. All approved minutes shall be open to public inspection. Minutes shall include a summation of the actions and discussions forthcoming from each council and committee meeting, as well as a record of the vote of each councilmember. A verbatim public record shall be kept of each meeting by electronic or mechanical means for a reasonable period of time as provided by state law. K. Minutes of a council meeting are required to be read into the record only if requested by a member of the council. Minutes may be approved without reading if the clerk of the council previously furnished each councilmember with a copy thereof. L. During an open session or public hearing, audience members will be given three (minutes to address 2: Suggested change: the council. two minutes Potential language to add/change: • Add language restricting public comment to sign -in speakers (in person or via Zoom) only 3: Comment • Limit open session to 2 hours Require speaker sign - Limit public comment to items on the agenda (or allow non -agenda comments at specific up meetings — every 3rd meeting, for example) • Move open session to the end of the agenda M. Cell phones shall be silenced and cell phone conversations shall be prohibited within the confines of the council chambers during meetings. N. Placards, signs, applause, or other distractions shall not be allowed in the council chambers without the consent of the council chair. O. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous, while attending a council or council committee meeting may be requested to leave the meeting and may be forthwith, by the presiding officer, barred from further audience before the council during that meeting. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). NEW SECTION - Procedures for Remote Meeting Attendance. A. From time to time, it is not possible for a councilmember to attend a council meeting. In limited instances, the county would benefit by a Scouncilmember's participation by means of remote communication. Remote attendance is for the benefit of Whatcom County and not for the benefit of an individual Scouncilmember. The council recognizes the benefits of fullest practicable attendance and participation by its members. Attendance from remote locations is intended to be an alternative and relatively infrequently used method for participation by Scouncilmembers. B. Remote attendance may occur as follows: 1. During any meeting that a cSouncilmember is attending via remote communication, the council chair, - 4: Suggested addition: or presiding officer shall state for the record that a particular councilmember is attending via remote communication and the reasons for such attendance. This information shall be reflected in the meetinq minutes. 2. Councilmembers appearing via remote communication may participate and vote during the meeting as if they were physically present at the meeting. 3. Councilmembers appearing by remote communication shall comply with all rules and procedures as if they were physically present at the meeting. 4. In the case of executive sessions, the council may permit participation from remote location(s) only when the Scouncil on a case -by -case basis considers such participation to be necessary and the Gcouncil is confident in the security of such remote communications. 5. During remote attendance, except when calling in via telephone, councilmembers must have the video feature enabled. C. Absences 1. Excused Absences: Councilmembers may be excused from a meeting by notifying the chair prior to the meeting and providing the reason for the inability to attend. The chair shall excuse the absence if it is for: (a) the death of a family member, (b) family or personal illness, (c) inclement weather, (d) accident, (e) scheduled vacation, (f) family or personal emergency, (q) county -related business, or (h) unusual or unforeseen circumstances. Following or prior to roll call, the chair shall inform the council of the member's absence and whether it is excused. 2. Leave of Absence: Councilmembers who need to miss more than two consecutive meetings shall request a leave of absence from the full council. The -council shall vote to approve the leave of absence if it is for: (a) a serious health or physical condition, (b) birth, adoption, or foster placement of a new child, or (c), some unusual and unforeseen circumstances that warrant approval of the leave. 2.02.045 Meetings — Agenda. A. The clerk of the council shall consult with the council chair and the chair of each committee prior to preparation of the council's agenda. 1. �he clerk shall prepare the agenda, which, together with supporting 5: Suggested addition: documents, shall be provided to all councilmembers no less than five days prior to each regular council Each chair has meeting and at the earliest possible date prior to any special meeting. The agenda shall be posted discretion over their committee's agenda conspicuously within the Whatcom County Courthouse and shall be available for review on the council's webpage B. Upon request by any two or more members of the council at any council meeting, an item of business shall be placed on the agenda of the next regular meeting. C. Consent items may be acted upon en masse; provided, however, that any consent item shall be considered separately if so requested by a councilmember, a member of the county administration, or a member of the public. D. Introduction items may be accepted en masse; provided, however, that any introduction item shall be considered separately if so requested by one or more councilmembers. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.050 Meetings — Council acting in other capacities. Where the members of the county council sit in an administrative or legislative capacity in situations such as, but not limited to, supervisors of a special district or members of the county health board, all business in these other capacities shall be treated as regular items of business during council meetings. The agenda for the meeting shall note any items being considered in one or more of these other capacities. It shall not be necessary for the council to adjourn itself in order to consider items in these other capacities. All actions taken by the council regarding issues in these other capacities shall be deemed to have been enacted or approved by those entities under the authority as may be provided for in law, or the authority of the county if appropriate. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-046 § 1; Ord. 2008- 004 Exh. A). 2.02.055 Meetings — Order of business. Business may include but not be limited to the following order: A. Roll call; B. Flag salute; C. Announcements; D. Special presentations; E. Approval of minutes; F. Public hearings and final consideration of hearing items; G. Open session; H. Consent agenda; I. Final consideration of other items; J. Introduction of ordinances and resolutions; K. Committee reports, other items, and councilmember updates; L. Adjourn. The council may adjust the order of business at meetings in consideration of public attendance on particular matters. (Ord. 2017-081 Exh. A; Ord. 2012-010 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.060 Meetings — Decorum of debate. A. Any councilmember desiring to speak shall first be recognized by the chair, and shall confine his or her remarks to the specific subject under consideration or to be considered. The councilmember who has proposed a motion or the committee member who has presented a report shall be allowed the first opportunity to explain the motion or report, and usually is allowed to speak last on it. No member or small group of members shall be permitted to monopolize the discussion on a question. If a member has already spoken and other members wish to speak, they should be recognized in preference to the member who has already spoken on a question. B. Councilmembers shall address each other as "councilmember" and the council chair shall be addressed as "chair." C. Staff members, presenters, and the general public shall be addressed as Mr., Mrs., Ms., or by their official or honorary title. D. When two or more councilmembers desire to speak at the same time, the chair shall name the member who shall have the floor. E. When a councilmember is speaking, no other member shall hold discourse which may interrupt the speaker except to raise a point of order. The chair should insist that every member be attentive to the business before the assembly. F. Councilmembers shall have time to explain any motion they intend to make. All motions will begin with the words, "I move" and must receive a second prior to being put to a vote. 6: Suggested addition: On items previously considered that day in committees, limit debate to 2-3 mins per councilmember G. When it appears that all councilmembers who wish to speak have done so, the chair shall inquire, "Is there any further discussion?" If there is not, the question is put to a vote. H. To bring a question to immediate vote, a councilmember may move to close debate. If more than one motion is pending, the motion to close debate should specify the pending motions to which it applies (main motion, motion to amend, etc.). The motion to close debate cannot interrupt a speaker, is not debatable, and requires an affirmative vote by two-thirds of the councilmembers in attendance. The motion to close debate should be used in moderation, as members cannot be expected to maintain interest in an organization if they are frequently denied the right to participate in its deliberations. (Ord. 2017-081 Exh. A; Ord. 2015-021 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.065 Meetings — Powers of the chair. A. The council chair, if present, shall preside as chairperson at all meetings of the council. In the absence of the council chair, the vice chair shall preside. In the absence of both the council chair and the vice chair, the council shall elect a chair. B. All meetings of the council shall be called to order by the council chair or vice chair. In the absence of both the council chair and the vice chair, the meeting shall be called to order by the clerk of the council for the election of a temporary chair. The roll shall then be called by the clerk, who shall enter in the minutes of the meeting the names of the members present. Four councilmembers shall be in attendance to constitute a quorum. C. The chair shall preserve order and is responsible for controlling and expediting debate. D. The chair shall determine all points of order, subject to the right of any member to appeal to the council. If any appeal is taken, the question shall be, "Shall the decision of the chair be sustained?" E. The chair shall state all questions submitted for a vote and announce the result. A roll -call vote is required for all ordinances and may be taken upon request of a councilmember for all other items. F. The presiding officer may move and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a councilmember by reason of his acting as the presiding officer. (Ord. 2017-081 Exh. A; Ord. 2010- 044 Exh. A; Ord. 2008-004 Exh. A). 2.02.070 Meetings — Annual reorganization and election of officers. 7: Suggested: Add section on councilmember attendance (including in -person vs. remote) A. At its first committee of the whole or regular council meeting in January, the council shall schedule its annual reorganization. At this meeting, the council shall elect the chair, vice chair, the executive pro tempore and the members of all standing committees, each by an affirmative roll -call vote by a majority of the entire council, or by general consent when applicable. Prior to each reorganizational meeting, the council clerk or chairperson shall ask councilmembers to circulate to each other in writing their requests for committee assignments and other offices. No councilmember shall hold the position of chair more than two full consecutive years. B. The chair of the council shall act as executive pro tempore in the absence of the regular executive pro tempore who was selected pursuant to the above procedure. Terms of office shall begin at the conclusion of the reorganizational meeting. C. The executive pro tempore shall not assume the duties of executive under Section 3.26 of the County Charter based on the physical "absence" of the executive for periods of less than 21 days if the executive remains available to the county staff and the county council by phone or video conferencing during normal business hours. D. The term "temporary disability" shall include any period greater than 72 hours during which the executive is under the influence of any substance or medication, or is suffering from a medical condition which could reasonably be deemed sufficient to impair the executive's judgment to the degree that the executive would be unsafe to operate a motor vehicle under the laws of the state of Washington. The term "medical condition" as used in this section is not intended to include physical disabilities which do not impair judgement such as blindness, deafness, paralysis or epilepsy, etc. E. The executive shall immediately provide notice to the deputy executive and the executive pro tempore of any anticipated absences or periods of inability to perform their duties. F. In the temporary absence of the chairperson, the vice chairperson shall perform the duties and responsibilities of the chairperson. A temporary chairperson shall be elected should both the chairperson and vice chairperson be absent and shall serve during such absence. (Ord. 2022-027 Exh. A; Ord. 2017- 081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.075 Standing committees — Established. The following committees are established: A. Finance and Administrative Services. General areas of responsibility for this committee shall be budget, taxation and purchasing issues, personnel policies and union negotiations; B. Planning and Development. General areas of responsibility for this committee shall be zoning, development, stormwater, and fire; C. Public Works and Health. General areas of responsibility for this committee shall be road construction and vacations, new construction, remodeling, public utilities issues, solid waste and health -related issues referred to the committee by the health board, public health advisory board, or health department; D. Climate Action and Natural Resources. General areas of responsibility for this committee shall be climate change mitigation and adaptation, water, forestry, agriculture, fishery and mineral issues; E. Criminal Justice and Public Safety. General areas of responsibility for this committee shall be criminal justice activities and planning, public safety, and law enforcement. (Ord. 2022-020 Exh. A; Ord. 2017-081 Exh. A; Ord. 2012-010 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.080 Standing committees — Membership. A. There shall be three imembers of all standing committees, membership to be determined by an affirmative vote of a majority of the entire council, or by general consent where applicable. The committee members shall be responsible for election of a chairperson and its internal organization. B. The time of standing committee meetings shall be determined by the chairperson of each committee. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.085 Committee action. A recommendation of any committee shall be agreed to by a majority of the committee in a regularly called meeting before a proposed item is reported out. All actions of a committee pertaining to an ordinance that has been properly introduced, as specified elsewhere in this chapter, will be reported out to the full council for final consideration. A committee report may contain only that information which is approved by a majority vote of the committee; however, minority reports may be presented to the full council after the committee report is presented. A majority recommendation of the committee may be "do pass," "do pass as amended," "do pass the attached substitute ordinance," "do not pass," "no recommendation," "postpone indefinitely" or "withdraw." Minority reports may also be submitted. Any proposed item assigned to or referred to a standing committee, including an ordinance, may be withdrawn from the standing committee at any time and considered by the full council. (Ord. 2022-010 Exh. A; Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.090 Membership on required boards, commissions, and committees. Membership of councilmembers on those boards, commissions or committees on which, by law, members of the legislative body are required to sit shall be determined by an affirmative vote by a 8: Suggested change: Make committees 7 members majority of the entire council, or by general consent when applicable. Councilmembers who are appointed by the county to any other county governmental boards, commissions or committees, other than ad hoc council committees, shall likewise be determined by an affirmative vote by a majority of the entire council, or by general consent when applicable. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.095 Election of councilmembers as representatives to various boards and committees. A. Each year at its annual meeting, the county council shall elect its representatives who shall serve until the next annual meeting to the various boards and commissions on which it must appoint its own members to serve. B. This annual election for one-year terms shall begin in January 1981. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Res. 80-12 §§ 1, 2. Formerly 2.03.010). 2.02.100 Resolutions — General provisions. The county council may pass resolutions to organize and administer the legislative branch, to make declarations of policy which do not have the force of law, and to request information from any other agency of county government. Resolutions shall not be subject to the veto power of the executive, and the council in passing resolutions need not comply with the procedural requirements for the introduction, consideration and adoption of ordinances. All resolutions shall be filed with the clerk of the council in writing in their entirety and shall be scheduled on the council's agenda as requested and required. Resolutions of the Whatcom County flood control zone district board of supervisors shall meet the requirements in FCZD 100.01.070. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.105 Ordinances — General provisions. A. Every legislative act of the council shall be by ordinance. B. The subject of every ordinance shall be clearly stated in the title and no ordinance shall contain more than one subject. C. Ordinances may, by reference, adopt Washington State statutes or any recognized, printed codes or compilations in whole or in part. D. No ordinance shall be amended unless a new ordinance sets forth each amended section or subsection at full length. E. Voting on final passage of all ordinances shall be by roll -call vote of the council. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.110 Ordinances — Introduction. A. All proposed ordinances shall be filed with the clerk of the council in their entirety in writing and shall be introduced by a councilmember or by consent of the full council. B. Proposed ordinances shall be introduced on the council's agenda by title, following which the council may refer the proposal to the appropriate standing or special committee, committee of the whole, or schedule the proposal for public hearing. Following committee report or public hearing closure, if applicable, an ordinance that has been properly introduced and scheduled on the agenda may be considered by the full council. C. At least 13 days shall pass between introduction and final passage of every ordinance, except emergency ordinances. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.115 Ordinances — Reintroduction. Any ordinance which has been introduced and not acted upon within 120 days of its introduction must be reintroduced, notice of introduction republished, and at least 13 days elapsed before it can come up for final consideration; except, if any such ordinance has been under active consideration by any standing committee, special ad hoc committee, or committee of the whole and has appeared at least twice on such committee's published agenda, it is not subject to this requirement. (Ord. 2017-081 Exh. A; Ord. 2010- 044 Exh. A; Ord. 2008-004 Exh. A). 2.02.120 Ordinances — Publication of proposed and enacted ordinances. Ordinances, or summaries of them, the places where copies are filed, and the times when they are available for inspection shall be published when the ordinances are proposed for introduction and again upon enactment. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.125 Ordinances — Effective date. Every ordinance which passes the council must be presented to the county executive. If the executive approves and signs the ordinance, it shall take effect 10 days after the date it is signed by the county executive, or otherwise enacted, or at a later date if stated in the ordinance. If the executive does not either sign or veto an ordinance within 10 days, Saturdays, Sundays, and holidays excepted, after presentation of the ordinance by the council, it shall become law without the executive's signature. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.130 Ordinances — Veto message — Overriding. If an ordinance is not approved by the executive, the entire ordinance shall be vetoed and returned with the executive's written objections, which shall be attached to the ordinance, placed in the council's agenda bill file, and distributed to all councilmembers. If, within 30 days after being returned to the council, the ordinance receives an affirmative roll -call vote by two-thirds of the entire council, it shall become law. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.135 Emergency ordinances. An emergency ordinance necessary for the immediate preservation of the public peace, health, safety, or support of the county government and its existing institutions may be passed by an affirmative roll -call vote by two-thirds of the entire council. An emergency ordinance shall be effective immediately when approved by the county executive. The specific emergency and the facts creating it shall be clearly stated in the ordinance. All emergency ordinances, except those making appropriations from an emergency reserve or borrowing money for 120 days or less, shall expire as of the sixty-first day following the date on which the ordinance became law. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.140 Signature on documents. All official documents issued by order of the council shall be signed by the chairperson (or authorized designee) and attested by the clerk of the council (or authorized designee), except as otherwise provided by the Charter. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.145 Requests for ordinances or legal opinions. A. Any member of the county council may forward a request to the county executive to have proposed legislation prepared for placement on an upcoming agenda. B. Any member of the county council may request written legal opinions, relating to county business, from the county prosecuting attorney or designee. C. Any member of the council may, for purposes of inquiry, request verbal opinions or advice on county legal matters directly from the council's assigned attorney. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.150 Duties of the chair. The chairperson shall supervise the clerk of the council and other personnel selected by the county council; provided, however, that such powers of the chair shall be exercised at the direction of the council. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.155 Clerk. A. The county council shall employ and supervise the clerk of the county council, who shall function as the administrative department director with the responsibility for the operation of the council office and the council clerk's staff. The clerk shall serve at the will of the council and will consult the council on major policy or procedural matters. B. The clerk of the council shall supervise, hire and have full disciplinary authority over assigned staff. An employee may seek review by the council's finance and administrative services committee of a disciplinary action taken by the clerk of the council; provided further, that such review shall take place in executive session with both the clerk and the employee requesting the review present. C. The clerk will prepare and justify the department budget, monitor all fiscal operations of the department, and approve all departmental expenditures. The clerk will provide planning leadership and direction for assigned staff. The clerk will develop policy recommendations concerning county -wide programs, and will develop and implement departmental policies and procedures. D. The duties of the clerk of the county council shall include, but not be limited to, those statutory powers, responsibilities and duties specified in RCW 36.22.010(6), 36.22.020, 36.32.135 and 36.32.140. E. The duties of the clerk of the county council shall be increased or decreased consistent with future enactments of the state legislature. F. The clerk of the county council shall oversee creation, management, and retention of public records in the council office by following the "Local Government Records Retention Schedules" as required by the state of Washington, Office of Secretary of State, pursuant to Chapter 40.14 RCW. G. All tort liability claims filed against Whatcom County shall first be served upon the clerk of the county council or designee. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.160 Hearing examiner. The county council shall administer an annual contract for hearing examiner services. The duties of the hearing examiner are established in Chapter 2.11 WCC. (Ord. 2018-032 § 1 (Exh. B); Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.165 Other staff selected by the county council. If additional staff members are selected by the county council, they shall be employed as independent staff members reporting to the council, and would be responsible for such duties as may be assigned by the council by an affirmative vote of two-thirds of the council. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.170 Correspondence requirements. Upon approval by a majority of the entire council, it shall be the responsibility of the council chairperson to respond to any correspondence on behalf of the council. Communications requesting council action shall be placed on the appropriate council committee agenda for consideration and recommendation to the full council. A copy of all council -initiated correspondence shall be kept in the council office. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.175 Requests of the executive branch. The county council, its staff, and individual councilmembers shall not interfere in the day-to-day operations of the executive branch, nor shall they give orders to or direct, either publicly or privately, any officer or employee of the executive branch. Requests for detailed information and attendance by executive staff at any council committee or full council meeting shall be submitted to the county executive's office for handling. Requests for documents that are readily available to the public may go directly to a specific department without seeking approval of the county executive. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.180 Handling complaints and concerns. A. The duty and responsibility for receiving and addressing complaints and concerns that are not related to the council's legislative responsibility or matters before the council or one of its committees are delegated to the county administration and the various executive official and department heads by the county charter. B. Councilmembers shall refer all complaints and concerns which are not county policy or legislative matters to the administration, various elected officials or department heads, as circumstances dictate, for resolution before any council action is initiated. Subsequently, the county council, council committees, or individual councilmembers may address such issues with the administration before deciding if legislative action by the council is appropriate. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.185 Travel and expense approval. A. All councilmember expense claims shall be subject to approval by the chair of the council or authorized designee; B. Expense claims made by the chair shall be approved by the vice chair or authorized designee; C. Expense claims shall be submitted in detailed account citing date, place, and business purpose in accordance with procedures established by and forms approved by administrative services finance; D. Original receipts prepared and issued by the service provider or copies of endorsed checks are required whenever this policy provides for actual cost reimbursement; and E. Itemized expense claims shall be submitted to the deputy clerk of the council after obtaining written approval from the chair or vice chair, as appropriate. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.190 Suspension of rules. The rules and procedures set forth in this chapter may be suspended in specific instances by an affirmative roll -call vote by two-thirds of the entire council. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). Potential changes to WCC 2.02 related to council meeting procedures. Chapter 2.02 COUNTY COUNCIL* Sections: 2.02.005 Council — Composition. 2.02.010 Council —Terms of office. 2.02.015 Council vacancies — Announcement. 2.02.020 Council vacancies — Qualifications. 2.02.025 Council vacancies — Nominations. 2.02.030 Council vacancies — Procedures. 2.02.035 Council vacancies — Term of appointee. 2.02.040 Meetings — General rules. 2.02.045 Meetings — Agenda. 2.02.050 Meetings — Council acting in other capacities. 2.02.055 Meetings —Order of business. 2.02.060 Meetings — Decorum of debate. 2.02.065 Meetings — Powers of the chair. 2.02.070 Meetings — Annual reorganization and election of officers. 2.02.075 Standing committees — Established. 2.02.080 Standing committees — Membership. 2.02.085 Committee action. 2.02.090 Membership on required boards, commissions, and committees. 2.02.095 Election of councilmembers as representatives to various boards and committees. 2.02.100 Resolutions — General provisions. 2.02.105 Ordinances — General provisions. 2.02.110 Ordinances — Introduction. 2.02.115 Ordinances — Reintroduction. 2.02.120 Ordinances — Publication of proposed and enacted ordinances. 2.02.125 Ordinances — Effective date. 2.02.130 Ordinances — Veto message — Overriding. 2.02.135 Emergency ordinances. 2.02.140 Signature on documents. 2.02.145 Requests for ordinances or legal opinions. 2.02.150 Duties of the chair. 2.02.155 Clerk. 2.02.160 Hearing examiner. 2.02.165 Other staff selected by the county council. 2.02.170 Correspondence requirements. 2.02.175 Requests of the executive branch. 2.02.180 Handling complaints and concerns. 2.02.185 Travel and expense approval. 2.02.190 Suspension of rules. *Prior legislative history: Ord. 2008-004 repealed Ch. 2.02. Ords. 79-1, 79-7, 81-107, 88-10, 88-21, 88- 25, 89-17, 89-26, 90-6, 90-8, 91-001, 91-030, 94-007, 95-003, 95-055, 96-035, 2001-061, 2002-022, 2004-006 and 2007-044 and Resos. 79-1, 79-2, 80-42, 82-1, 82-8, 83-45, 85-3, 97-006, 98-020 and 99-045 were formerly codified in the chapter. 2.02.005 Council — Composition. The council shall consist of seven members, one councilmember from each of the five council districts and two councilmembers at large. (Ord. 2017-081 Exh. A; Ord. 2016-038 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.010 Council — Terms of office. The term of office of each elected councilmember shall be four years commencing with the second Monday in January following election, and until a successor has been elected and has qualified. Elected councilmembers shall serve no more than three consecutive full terms in office. Terms are considered consecutive unless they are at least four years apart. The limit in terms shall be applied prospectively only, beginning with the elections in 2017 and 2019 (Whatcom County Charter 2.14 — Amended by referendum 2015). (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.015 Council vacancies — Announcement. A. The council shall publicly announce any vacancy and shall provide a reasonable period for interested candidates to contact councilmembers and request that his or her name be considered for the vacant position. B. Such announcement shall be made at least 10 days before the vacancy is filled. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.020 Council vacancies — Qualifications. A. A vacancy on the county council shall be filled by a qualified registered voter and resident of the district he or she represents, meeting all of the qualifications of Section 4.20 of the Whatcom County Charter. B. Any information provided by a nominee may be checked to verify qualifications, and submission of a personal resume may be requested. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.025 Council vacancies — Nominations. A. Nominations to fill a vacancy on the county council shall be made by any councilmember by nominating an individual by name in a regular open meeting. No councilmember may nominate himself or herself. B. All names submitted may be referred to a committee of the whole for consideration. C. Nominees may be personally interviewed by a committee of the council, or any councilmember(s) chosen by the council to conduct such interviews. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.030 Council vacancies — Procedures. A. An appointment to fill a vacancy on the council shall be approved by an affirmative roll -call vote by a majority of the council. The council majority shall be four votes. B. A nominated councilmember shall be allowed to vote for other nominees. C. If at any time, by virtue of vacancies on the council, the membership of the council is reduced below that required to constitute a quorum (four members), the council may nevertheless fill the vacancies by an affirmative roll -call vote by a majority of the remaining council. D. If a council vacancy remains unfilled for a period of 30 days because of the inability of the council to make the appointment, the vacancy shall be filled within 15 additional days by the county executive from among those persons nominated by the members of the council. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.035 Council vacancies — Term of appointee. Section 4.50 of the Whatcom County Charter shall govern the term for which the appointee may serve. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.040 Meetings — General rules. A. It is the policy of the council that, to the greatest extent possible, all official meetings of the council and its committees shall be open to the public, with the exception of "executive sessions" (closed to the public), for certain limited topics, as defined in RCW 42.30.110. All council and committee meetings will be held in compliance with the State Open Public Meetings Act (Chapter 42.30 RCW). B. Regular meetings of the county council and its standing committees shall be held every other Tuesday in the Whatcom County Council Chambers, unless decided otherwise by the council. A schedule of specific meeting dates shall be approved by resolution annually. The chairperson of the council or the chairperson of any of its standing committees may call special meetings as required, provided proper public notice and notice to councilmembers are given. C. Committee of the whole meetings will be scheduled as necessary. These meetings may be canceled at the will of the council. D. Executive sessions (closed meetings) may be held in accordance with the provisions of the Washington State Open Public Meetings Act (RCW 42.30.110). E. All council and council committee meetings shall be conducted pursuant to The American Institute of Parliamentarians Standard Code of Parliamentary Procedure, latest edition, except when in conflict with the standing rules of the council. A copy of the Standard Code of Parliamentary Procedure shall be available in the council office for review. F. A majority (four members) of the council shall be in attendance to constitute a quorum and shall be necessary for the transaction of the council's business. A majority of a council committee (two members) shall be necessary for the transaction of a committee's business. If a quorum is not present, the chair may call the meeting to order to establish that a meeting was held, but no official action may be taken. Agenda items that do not require official action may be dealt with, such as a minor discussion or report. At the conclusion of the meeting those in attendance will be named and they shall adjourn to a later time. G. In the event of a tie in votes on any motion, the motion shall be considered lost. H. Any session of the council may be continued or adjourned from day to day, or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting thereafter (RCW 42.30.090). I. The council may schedule work sessions (open to the public) at the call of the council chair or of any two or more members of the council to review forthcoming programs of the county, receive progress reports on current programs or projects, or receive other similar information from the county executive or county staff. Formal action may be taken at these meetings. J. The clerk of the council shall keep an account of all proceedings of the council. Written minutes shall be recorded promptly after every meeting and, upon approval by the council, shall be entered in a 1: Suggested change: Add hard stop meeting time of 10 pm. May need to add language re: what to do with items not completed (reschedule for 2 weeks or add extra council meetings) minutes book constituting the official record of the council. All approved minutes shall be open to public inspection. Minutes shall include a summation of the actions and discussions forthcoming from each council and committee meeting, as well as a record of the vote of each councilmember. A verbatim public record shall be kept of each meeting by electronic or mechanical means for a reasonable period of time as provided by state law. K. Minutes of a council meeting are required to be read into the record only if requested by a member of the council. Minutes may be approved without reading if the clerk of the council previously furnished each councilmember with a copy thereof. L. During an open session or public hearing, audience members will be given three (minutes to address the council. Potential language to add/change: • Add language restricting public comment to sign -in speakers (in person or via Zoom) only • Limit open session to 2 hours • Limit public comment to items on the agenda (or allow non -agenda comments at specific meetings — every 3rd meeting, for example) • Move open session to the end of the agenda M. Cell phones shall be silenced and cell phone conversations shall be prohibited within the confines of the council chambers during meetings. N. Placards, signs, applause, or other distractions shall not be allowed in the council chambers without the consent of the council chair. O. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous, while attending a council or council committee meeting may be requested to leave the meeting and may be forthwith, by the presiding officer, barred from further audience before the council during that meeting. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). NEW SECTION - Procedures for Remote Meeting Attendance by Councilmembers. A. From time to time: it is not possible for a councilmember to attend a council meeting in person. In these limited instances, the county would benefit by a Ccouncilmember's participation in a meeting by means of remote communication. Remote attendance is for the benefit of Whatcom County and not for the benefit of an individual Ccouncilmember. While council acknowledges the advantages of and prefers in -person attendance and participation bV its members, The ^ ^" +"� "^-^+ate ^++„u^S+ WaGt;^able attendance from remote locations maV is iatended to 2: Suggested change: two minutes 3: Comment Require speaker sign- up 4: Suggested addition See section edits by legal serve be -as an acceptable alternative and relat veiy Wreauently used ^•^'"^4means for councilmember participation, to be used infrequently and when good cause exists. by r^^ nd'^•^rnber- B. Remote attendance may occur as follows: 1. During any meeting that a cGouncilmember is attending via remote communication, the council chair or presiding officer shall state for the record that a particular councilmember is attending via remote communication and the reasons for such remote attendance. This information shall be reflected in the meeting minutes. 2. Councilmembers appearing via remote communication may participate and vote during the meeting as if they were physically present at the meeting. 3. Councilmembers appearing by remote communication shall comply with all rules and procedures as if they were physically present at the meeting. 4. In the case of executive sessions, the council may permit participation from remote location(s) only when the Gcouncil, on a case -by -case basis, seasidersdeems such participation te-be-necessary and the Gcouncil is confident in the security of such remote communications. 5. During remote attendance, except when calling in via telephone, councilmembers must have the video feature enabled. C. Absences 1. Excused Absences: Councilmembers may be excused from a meeting by notifying the chair prior to the meeting and providing the reason for the inability to attend. The chair shall excuse the absence if it is for: (a) the death of a family member, (b) family or personal illness, (c) inclement weather. (d) accident, (e) scheduled vacation, (f) family or personal emergency. (q) county -related business, or (h) unusual or unforeseen circumstances. Following or prior to roll call, the chair shall inform the council of the member's absence and whether it is excused. 2. Leave of Absence: Councilmembers who need to miss more than two consecutive meetings shall request a leave of absence from the full council for the following reasons:. Th^ ^^ ^^m' z;ti^" ••^`^ `^ ^ `h^'^^v^ of ^",;^^^^'f "' -. (a) a serious health or physical condition impacting the councilmember, (b) birth, adoption, or foster placement of a new child within the councilmember's immediate family, or (c), some unusual and unforeseen circumstances impacting the councilmember that warrant approval of the leave. The full council will vote on whether to grant the requested leave of absence, and approval requires a majority vote. 2.02.045 Meetings — Agenda. A. The clerk of the council shall consult with the council chair and the chair of each committee prior to preparation of the council's agenda. 1. �he clerk shall prepare the with su documents, shall be provided to all councilmembers no less than five days prior to each regular council meeting and at the earliest possible date prior to any special meeting. The agenda shall be posted conspicuously within the Whatcom County Courthouse and shall be available for review on the council's webpage. 5: Suggested addition: Each chair has discretion over their committee's agenda B. Upon request by any two or more members of the council at any council meeting, an item of business shall be placed on the agenda of the next regular meeting. C. Consent items may be acted upon en masse; provided, however, that any consent item shall be considered separately if so requested by a councilmember, a member of the county administration, or a member of the public. D. Introduction items may be accepted en masse; provided, however, that any introduction item shall be considered separately if so requested by one or more councilmembers. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.050 Meetings — Council acting in other capacities. Where the members of the county council sit in an administrative or legislative capacity in situations such as, but not limited to, supervisors of a special district or members of the county health board, all business in these other capacities shall be treated as regular items of business during council meetings. The agenda for the meeting shall note any items being considered in one or more of these other capacities. It shall not be necessary for the council to adjourn itself in order to consider items in these other capacities. All actions taken by the council regarding issues in these other capacities shall be deemed to have been enacted or approved by those entities under the authority as may be provided for in law, or the authority of the county if appropriate. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-046 § 1; Ord. 2008- 004 Exh. A). 2.02.055 Meetings — Order of business. Business may include but not be limited to the following order: A. Roll call; B. Flag salute; C. Announcements; D. Special presentations; E. Approval of minutes; F. Public hearings and final consideration of hearing items; G. Open session; H. Consent agenda; I. Final consideration of other items; J. Introduction of ordinances and resolutions; K. Committee reports, other items, and councilmember updates; L. Adjourn. The council may adjust the order of business at meetings in consideration of public attendance on particular matters. (Ord. 2017-081 Exh. A; Ord. 2012-010 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.060 Meetings — Decorum of debate. A. Any councilmember desiring to speak shall first be recognized by the chair, and shall confine his or her remarks to the specific subject under consideration or to be considered. The councilmember who has proposed a motion or the committee member who has presented a report shall be allowed the first opportunity to explain the motion or report, and usually is allowed to speak last on it. No member or small group of members shall be permitted to monopolize the discussion on a question. If a member has already spoken and other members wish to speak, they should be recognized in preference to the member who has already spoken on a question. B. Councilmembers shall address each other as "councilmember" and the council chair shall be addressed as "chair." C. Staff members, presenters, and the general public shall be addressed as Mr., Mrs., Ms., or by their official or honorary title. D. When two or more councilmembers desire to speak at the same time, the chair shall name the member who shall have the floor. E. When a councilmember is speaking, no other member shall hold discourse which may interrupt the speaker except to raise a point of order. The chair should insist that every member be attentive to the business before the assembly. F. Councilmembers shall have time to explain any motion they intend to make. All motions will begin with the words, "I move" and must receive a second prior to being put to a vote. 6: Suggested addition: On items previously considered that day in committees, limit debate to 2-3 mins per councilmember G. When it appears that all councilmembers who wish to speak have done so, the chair shall inquire, "Is there any further discussion?" If there is not, the question is put to a vote. H. To bring a question to immediate vote, a councilmember may move to close debate. If more than one motion is pending, the motion to close debate should specify the pending motions to which it applies (main motion, motion to amend, etc.). The motion to close debate cannot interrupt a speaker, is not debatable, and requires an affirmative vote by two-thirds of the councilmembers in attendance. The motion to close debate should be used in moderation, as members cannot be expected to maintain interest in an organization if they are frequently denied the right to participate in its deliberations. (Ord. 2017-081 Exh. A; Ord. 2015-021 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.065 Meetings — Powers of the chair. A. The council chair, if present, shall preside as chairperson at all meetings of the council. In the absence of the council chair, the vice chair shall preside. In the absence of both the council chair and the vice chair, the council shall elect a chair. B. All meetings of the council shall be called to order by the council chair or vice chair. In the absence of both the council chair and the vice chair, the meeting shall be called to order by the clerk of the council for the election of a temporary chair. The roll shall then be called by the clerk, who shall enter in the minutes of the meeting the names of the members present. Four councilmembers shall be in attendance to constitute a quorum. C. The chair shall preserve order and is responsible for controlling and expediting debate. D. The chair shall determine all points of order, subject to the right of any member to appeal to the council. If any appeal is taken, the question shall be, "Shall the decision of the chair be sustained?" E. The chair shall state all questions submitted for a vote and announce the result. A roll -call vote is required for all ordinances and may be taken upon request of a councilmember for all other items. F. The presiding officer may move and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a councilmember by reason of his acting as the presiding officer. (Ord. 2017-081 Exh. A; Ord. 2010- 044 Exh. A; Ord. 2008-004 Exh. A). 2.02.070 Meetings — Annual reorganization and election of officers. 7: Suggested: Add section on councilmember attendance (including in -person vs. remote) A. At its first committee of the whole or regular council meeting in January, the council shall schedule its annual reorganization. At this meeting, the council shall elect the chair, vice chair, the executive pro tempore and the members of all standing committees, each by an affirmative roll -call vote by a majority of the entire council, or by general consent when applicable. Prior to each reorganizational meeting, the council clerk or chairperson shall ask councilmembers to circulate to each other in writing their requests for committee assignments and other offices. No councilmember shall hold the position of chair more than two full consecutive years. B. The chair of the council shall act as executive pro tempore in the absence of the regular executive pro tempore who was selected pursuant to the above procedure. Terms of office shall begin at the conclusion of the reorganizational meeting. C. The executive pro tempore shall not assume the duties of executive under Section 3.26 of the County Charter based on the physical "absence" of the executive for periods of less than 21 days if the executive remains available to the county staff and the county council by phone or video conferencing during normal business hours. D. The term "temporary disability" shall include any period greater than 72 hours during which the executive is under the influence of any substance or medication, or is suffering from a medical condition which could reasonably be deemed sufficient to impair the executive's judgment to the degree that the executive would be unsafe to operate a motor vehicle under the laws of the state of Washington. The term "medical condition" as used in this section is not intended to include physical disabilities which do not impair judgement such as blindness, deafness, paralysis or epilepsy, etc. E. The executive shall immediately provide notice to the deputy executive and the executive pro tempore of any anticipated absences or periods of inability to perform their duties. F. In the temporary absence of the chairperson, the vice chairperson shall perform the duties and responsibilities of the chairperson. A temporary chairperson shall be elected should both the chairperson and vice chairperson be absent and shall serve during such absence. (Ord. 2022-027 Exh. A; Ord. 2017- 081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.075 Standing committees — Established. The following committees are established: A. Finance and Administrative Services. General areas of responsibility for this committee shall be budget, taxation and purchasing issues, personnel policies and union negotiations; B. Planning and Development. General areas of responsibility for this committee shall be zoning, development, stormwater, and fire; C. Public Works and Health. General areas of responsibility for this committee shall be road construction and vacations, new construction, remodeling, public utilities issues, solid waste and health -related issues referred to the committee by the health board, public health advisory board, or health department; D. Climate Action and Natural Resources. General areas of responsibility for this committee shall be climate change mitigation and adaptation, water, forestry, agriculture, fishery and mineral issues; E. Criminal Justice and Public Safety. General areas of responsibility for this committee shall be criminal justice activities and planning, public safety, and law enforcement. (Ord. 2022-020 Exh. A; Ord. 2017-081 Exh. A; Ord. 2012-010 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.080 Standing committees — Membership. A. There shall be three imembers of all standing committees, membership to be determined by an affirmative vote of a majority of the entire council, or by general consent where applicable. The committee members shall be responsible for election of a chairperson and its internal organization. B. The time of standing committee meetings shall be determined by the chairperson of each committee. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.085 Committee action. A recommendation of any committee shall be agreed to by a majority of the committee in a regularly called meeting before a proposed item is reported out. All actions of a committee pertaining to an ordinance that has been properly introduced, as specified elsewhere in this chapter, will be reported out to the full council for final consideration. A committee report may contain only that information which is approved by a majority vote of the committee; however, minority reports may be presented to the full council after the committee report is presented. A majority recommendation of the committee may be "do pass," "do pass as amended," "do pass the attached substitute ordinance," "do not pass," "no recommendation," "postpone indefinitely" or "withdraw." Minority reports may also be submitted. Any proposed item assigned to or referred to a standing committee, including an ordinance, may be withdrawn from the standing committee at any time and considered by the full council. (Ord. 2022-010 Exh. A; Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.090 Membership on required boards, commissions, and committees. Membership of councilmembers on those boards, commissions or committees on which, by law, members of the legislative body are required to sit shall be determined by an affirmative vote by a 8: Suggested change: Make committees 7 members majority of the entire council, or by general consent when applicable. Councilmembers who are appointed by the county to any other county governmental boards, commissions or committees, other than ad hoc council committees, shall likewise be determined by an affirmative vote by a majority of the entire council, or by general consent when applicable. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.095 Election of councilmembers as representatives to various boards and committees. A. Each year at its annual meeting, the county council shall elect its representatives who shall serve until the next annual meeting to the various boards and commissions on which it must appoint its own members to serve. B. This annual election for one-year terms shall begin in January 1981. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Res. 80-12 §§ 1, 2. Formerly 2.03.010). 2.02.100 Resolutions — General provisions. The county council may pass resolutions to organize and administer the legislative branch, to make declarations of policy which do not have the force of law, and to request information from any other agency of county government. Resolutions shall not be subject to the veto power of the executive, and the council in passing resolutions need not comply with the procedural requirements for the introduction, consideration and adoption of ordinances. All resolutions shall be filed with the clerk of the council in writing in their entirety and shall be scheduled on the council's agenda as requested and required. Resolutions of the Whatcom County flood control zone district board of supervisors shall meet the requirements in FCZD 100.01.070. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.105 Ordinances — General provisions. A. Every legislative act of the council shall be by ordinance. B. The subject of every ordinance shall be clearly stated in the title and no ordinance shall contain more than one subject. C. Ordinances may, by reference, adopt Washington State statutes or any recognized, printed codes or compilations in whole or in part. D. No ordinance shall be amended unless a new ordinance sets forth each amended section or subsection at full length. E. Voting on final passage of all ordinances shall be by roll -call vote of the council. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.110 Ordinances — Introduction. A. All proposed ordinances shall be filed with the clerk of the council in their entirety in writing and shall be introduced by a councilmember or by consent of the full council. B. Proposed ordinances shall be introduced on the council's agenda by title, following which the council may refer the proposal to the appropriate standing or special committee, committee of the whole, or schedule the proposal for public hearing. Following committee report or public hearing closure, if applicable, an ordinance that has been properly introduced and scheduled on the agenda may be considered by the full council. C. At least 13 days shall pass between introduction and final passage of every ordinance, except emergency ordinances. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.115 Ordinances — Reintroduction. Any ordinance which has been introduced and not acted upon within 120 days of its introduction must be reintroduced, notice of introduction republished, and at least 13 days elapsed before it can come up for final consideration; except, if any such ordinance has been under active consideration by any standing committee, special ad hoc committee, or committee of the whole and has appeared at least twice on such committee's published agenda, it is not subject to this requirement. (Ord. 2017-081 Exh. A; Ord. 2010- 044 Exh. A; Ord. 2008-004 Exh. A). 2.02.120 Ordinances — Publication of proposed and enacted ordinances. Ordinances, or summaries of them, the places where copies are filed, and the times when they are available for inspection shall be published when the ordinances are proposed for introduction and again upon enactment. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.125 Ordinances — Effective date. Every ordinance which passes the council must be presented to the county executive. If the executive approves and signs the ordinance, it shall take effect 10 days after the date it is signed by the county executive, or otherwise enacted, or at a later date if stated in the ordinance. If the executive does not either sign or veto an ordinance within 10 days, Saturdays, Sundays, and holidays excepted, after presentation of the ordinance by the council, it shall become law without the executive's signature. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.130 Ordinances — Veto message — Overriding. If an ordinance is not approved by the executive, the entire ordinance shall be vetoed and returned with the executive's written objections, which shall be attached to the ordinance, placed in the council's agenda bill file, and distributed to all councilmembers. If, within 30 days after being returned to the council, the ordinance receives an affirmative roll -call vote by two-thirds of the entire council, it shall become law. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.135 Emergency ordinances. An emergency ordinance necessary for the immediate preservation of the public peace, health, safety, or support of the county government and its existing institutions may be passed by an affirmative roll -call vote by two-thirds of the entire council. An emergency ordinance shall be effective immediately when approved by the county executive. The specific emergency and the facts creating it shall be clearly stated in the ordinance. All emergency ordinances, except those making appropriations from an emergency reserve or borrowing money for 120 days or less, shall expire as of the sixty-first day following the date on which the ordinance became law. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.140 Signature on documents. All official documents issued by order of the council shall be signed by the chairperson (or authorized designee) and attested by the clerk of the council (or authorized designee), except as otherwise provided by the Charter. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.145 Requests for ordinances or legal opinions. A. Any member of the county council may forward a request to the county executive to have proposed legislation prepared for placement on an upcoming agenda. B. Any member of the county council may request written legal opinions, relating to county business, from the county prosecuting attorney or designee. C. Any member of the council may, for purposes of inquiry, request verbal opinions or advice on county legal matters directly from the council's assigned attorney. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.150 Duties of the chair. The chairperson shall supervise the clerk of the council and other personnel selected by the county council; provided, however, that such powers of the chair shall be exercised at the direction of the council. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.155 Clerk. A. The county council shall employ and supervise the clerk of the county council, who shall function as the administrative department director with the responsibility for the operation of the council office and the council clerk's staff. The clerk shall serve at the will of the council and will consult the council on major policy or procedural matters. B. The clerk of the council shall supervise, hire and have full disciplinary authority over assigned staff. An employee may seek review by the council's finance and administrative services committee of a disciplinary action taken by the clerk of the council; provided further, that such review shall take place in executive session with both the clerk and the employee requesting the review present. C. The clerk will prepare and justify the department budget, monitor all fiscal operations of the department, and approve all departmental expenditures. The clerk will provide planning leadership and direction for assigned staff. The clerk will develop policy recommendations concerning county -wide programs, and will develop and implement departmental policies and procedures. D. The duties of the clerk of the county council shall include, but not be limited to, those statutory powers, responsibilities and duties specified in RCW 36.22.010(6), 36.22.020, 36.32.135 and 36.32.140. E. The duties of the clerk of the county council shall be increased or decreased consistent with future enactments of the state legislature. F. The clerk of the county council shall oversee creation, management, and retention of public records in the council office by following the "Local Government Records Retention Schedules" as required by the state of Washington, Office of Secretary of State, pursuant to Chapter 40.14 RCW. G. All tort liability claims filed against Whatcom County shall first be served upon the clerk of the county council or designee. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.160 Hearing examiner. The county council shall administer an annual contract for hearing examiner services. The duties of the hearing examiner are established in Chapter 2.11 WCC. (Ord. 2018-032 § 1 (Exh. B); Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.165 Other staff selected by the county council. If additional staff members are selected by the county council, they shall be employed as independent staff members reporting to the council, and would be responsible for such duties as may be assigned by the council by an affirmative vote of two-thirds of the council. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.170 Correspondence requirements. Upon approval by a majority of the entire council, it shall be the responsibility of the council chairperson to respond to any correspondence on behalf of the council. Communications requesting council action shall be placed on the appropriate council committee agenda for consideration and recommendation to the full council. A copy of all council -initiated correspondence shall be kept in the council office. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.175 Requests of the executive branch. The county council, its staff, and individual councilmembers shall not interfere in the day-to-day operations of the executive branch, nor shall they give orders to or direct, either publicly or privately, any officer or employee of the executive branch. Requests for detailed information and attendance by executive staff at any council committee or full council meeting shall be submitted to the county executive's office for handling. Requests for documents that are readily available to the public may go directly to a specific department without seeking approval of the county executive. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.180 Handling complaints and concerns. A. The duty and responsibility for receiving and addressing complaints and concerns that are not related to the council's legislative responsibility or matters before the council or one of its committees are delegated to the county administration and the various executive official and department heads by the county charter. B. Councilmembers shall refer all complaints and concerns which are not county policy or legislative matters to the administration, various elected officials or department heads, as circumstances dictate, for resolution before any council action is initiated. Subsequently, the county council, council committees, or individual councilmembers may address such issues with the administration before deciding if legislative action by the council is appropriate. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.185 Travel and expense approval. A. All councilmember expense claims shall be subject to approval by the chair of the council or authorized designee; B. Expense claims made by the chair shall be approved by the vice chair or authorized designee; C. Expense claims shall be submitted in detailed account citing date, place, and business purpose in accordance with procedures established by and forms approved by administrative services finance; D. Original receipts prepared and issued by the service provider or copies of endorsed checks are required whenever this policy provides for actual cost reimbursement; and E. Itemized expense claims shall be submitted to the deputy clerk of the council after obtaining written approval from the chair or vice chair, as appropriate. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). 2.02.190 Suspension of rules. The rules and procedures set forth in this chapter may be suspended in specific instances by an affirmative roll -call vote by two-thirds of the entire council. (Ord. 2017-081 Exh. A; Ord. 2010-044 Exh. A; Ord. 2008-004 Exh. A). See AB2025-277 2025 Draft Council Priorities for Discussion The following list is compiled from common priorities provided by each councilmember. • Budget o Budget prioritization process and mid -biennium review o Structural imbalance — Road, Behavioral Health, and EMS Funds o Impact of projected state & federal funding cuts on county • Comprehensive Plan Update • Justice Project Implementation • Opioid/Fentanyl Crisis • Housing and Homelessness o Shelter o Ideas to reduce cost for permitting housing • Healthy Children's Fund • Whatcom County Ferry o Summer 2025 deadline for the county to determine its financial plan • Food Security • Adjudication • Evaluation of human resources (HR) policies and procedures • Fire/EMS Study • Contract Thresholds 2025 Councilmember Priorities Ri irhnnnn • Budget • Comprehensive Plan Update • Justice Project Implementation • Opioid/Fentanyl Crisis • Housing and Homelessness • Healthy Children's Fund • Whatcom County Ferry • Food Security Byrd • Budget o Budget prioritization process and mid -biennium review • Adjudication • HR Policies — Matrix Consulting study • Ideas to reduce costs & time for permitting for housing - pull from recs from Business and Commerce Advisory Committee, Housing Advisory Committee and others • Fire/EMS Study Dnnnvan FlPnhaar, Galloway COUNCIL • Budget o Budget prioritization process and mid -biennium review o Structural imbalance — Road, Behavioral Health, and EMS Funds • Comprehensive Plan Update • Justice Project Implementation • Opioid/Fentanyl Crisis • Housing and Homelessness o Shelter • Healthy Children's Fund • Whatcom County Ferry o Summer 2025 deadline for the county to determine its financial plan • Food Security • Adjudication GALLOWAY • Pre -Hire Agreements Ordinance (Galloway/Scanlon/Buchanan) • Purchasing Code/Procurement o Responsible Bidder Criteria o Labor Compliance Program o Contract Thresholds o Equity in Finance/Budget and procurement processes • Housing and Homelessness o Continue efforts to expand year-round and seasonal shelter capacity o Support tiny home villages o Short-term rental registration and regulations o Continue working with PDS to improve permit process o Development Agreements — incorporating community benefits • Agriculture/Food System o Slaughterhouse reform (Elenbaas/Galloway) o Food Security/Support for Food Banks • Lake Whatcom o Update code for phosphorus neutral development o Private stormwater inspection/enforcement • Forestry o Forest Resilience Plan o Forest Management Plan(s) • Electrification 0 230kv Ordinance (Galloway/Donovan) o New development: https://mrsc.org/explore- topics/environment/sustainability/electric-vehicles • EMS Levy o EMS Study / Evaluation o Review and Update EMS Levy Plan o Address structural imbalance of the fund • Continue Working on Advisory Groups • Tort Claim Code/independent counsel/HR policies/ombuds program (Scanlon/Donovan/Galloway) Scanlon COUNCIL • Charter review commission/charter amendments • Large construction projects: jail, Northwest Annex, 23-hour crisis relief center • Health of the road fund • Impact of projected state & federal funding cuts on county • Adjudication • County priorities for the 2025 state legislative session • The potential impact of the pending State Supreme Court decision regarding public defender caseload standards • Continue to strengthen the Council & legislative branch of county government • Council contract review thresholds & update to contract code • HR policies - Matrix Consulting study • Fire/EMS study SCAN LON • Cross -border economy & travel, impact on Point Roberts, Blaine, Lynden, Sumas, and county, World Cup 2026 planning & opportunity • Birch Bay incorporation study • Point Roberts economic study & stormwater study • Community Health Assessment • Board of Health structure • Learning/sharing across local healthcare projects across the county: East Whatcom County Health Equity Zone; the Lummi Island partnership between WWU, PeaceHealth, and the Lummi Island Health and Wellness Committee; SeaMar clinic at Mount Baker High School; Nooksack Tribe health center expansion; Point Roberts clinic/public hospital district • Ideas to reduce costs & time for permitting for housing - pull from recs from Business and Commerce Advisory Committee, Housing Advisory Committee and others Winter 2025-26 shelter & year-round shelter Stremler • Sheriff's office • Justice project implementation • Budget • Fiscal notes with proposed ideas • Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360)778-5010 • Agenda Bill Master Report File Number: AB2025-323 File ID: AB2025-323 Version: 1 Status: Discussed File Created: 04/14/2025 Entered by: CHalka@co.whatcom.wa.us Department: Council Office File Type: Discussion Assigned to: Council Special Committee of the Whole Final Action: 04/22/2025 Agenda Date: 04/22/2025 Enactment #: Primary Contact Email: chalka@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Discussion regarding a proposed addition to Whatcom County Code, Construction Projects - Pre -Hire Agreements SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: None HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 04/22/2025 Council Special Committee of the Whole DISCUSSED Attachments: Draft Ordinance Whatcom County Page 1 Printed on 7/8/2025 Notice of Intent: 3.73 Construction Projects — Pre -Hire Agreements April 18, 2025 We are releasing this proposed draft ordinance for public review, comment, and discussion. As Whatcom County embarks on several large, county -funded capital projects over the next decade, it is an opportune time to consider how we ensure that these taxpayer -funded projects reflect the community's needs and values and result in tangible community benefits such as supporting our local economy and workforce development. This draft contemplates a legal framework that would allow for establishing a priority hire program that helps keep living wage job opportunities in Whatcom County and enhance county -wide economic growth and prosperity. Feedback we have received from some local workers and contractors suggest that many have to travel far outside of Whatcom County for work. Pre -hire agreements could allow the county to prioritize the hiring of women, minorities, veterans, and local residents on applicable public work projects. Federal law (The National Labor Relations Act) allows such labor prioritization for construction work but requires a pre -hire agreement to be in place in order to implement these agreements. This is an important time for this discussion, as Whatcom County's government invests significant taxpayer dollars into several new county facilities in addition to several large-scale transportation and infrastructure projects such as replacing the Whatcom County Ferry and various roads, bridges, and culverts construction projects. We look forward to continued conversations and feedback. Kaylee Galloway, Chair Jon Scanlon, Vice Chair Barry Buchanan 1 1 Proposed draft — released for public comment; pending PROPOSED BY: GALLOWAY, SCANLON, BUCHANAN legal and stakeholder review INTRODUCTION DATE: 5 6 ORDINANCE NO. 2025-XXX 7 8 ESTABLISHING WHATCOM COUNTY CODE CHAPTER 3.73 CONSTRUCTION 9 PROJECTS - PRE -HIRE AGREEMENTS 10 11 WHEREAS, having local workforce development and living wage job 12 opportunities in Whatcom County is essential for enhancing economic growth and 13 prosperity; and 14 15 WHEREAS, bringing together local government, contractors and 16 subcontractors, and participating stakeholders around shared project and workforce 17 goals and priorities can greatly benefit the entire Whatcom County community; and 18 19 WHEREAS, on November 19, 2019, the Whatcom County Council passed 20 Ordinance 2019-079, establishing Whatcom County Code Chapter 3.72, 21 Construction Projects - Apprenticeship Requirements; and 22 23 WHEREAS, on December 6, 2022, the Whatcom County Council passed 24 Ordinance 2022-091, amending Whatcom County Code Chapter 3.72, Construction 25 Projects - Apprenticeship Requirements, to extend the start dates and enhance the 26 requirements for utilization of the contractor apprenticeship program; and 27 28 WHEREAS, in 2023, the Washington State Legislature passed, and Governor 29 Jay Inslee signed into law, HB 1050, which expands apprenticeship utilization 30 requirements; and 31 32 WHEREAS, on December 5, 2023, the Whatcom County Council passed 33 Ordinance 2023-077, amending Whatcom County Code Chapter 3.72, Construction 34 Projects - Apprenticeship Requirements, to align with RCW 39.04.320; and 35 36 WHEREAS, apprenticeship utilization promotes opportunities to train the 37 next generation of skilled workers through a combination of on-the-job training and 38 classroom instruction; and 39 40 WHEREAS, in addition to apprenticeship utilization, there are many 41 community benefits to investing in the local workforce on public work projects; and 42 43 WHEREAS, pre -hire agreements are a type of legally binding agreement that 44 outlines employment terms and conditions while enhancing community and 45 workforce benefits; and 46 47 WHEREAS, Section 8(f) of the National Labor Relations Act allow pre -hire 48 agreements in the construction industry; and 2 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 WHEREAS, pre -hire agreements foster strategic partnerships designed to ensure projects are completed efficiently, on time, within budget, and using a skilled workforce by establishing clear guidelines and expectations for all parties involved; and WHEREAS, pre -hire agreements are negotiated after the bid award and before a project starts to outline the obligations the applicable stakeholders, such as the project owner, contractors and subcontractors, labor, and the community, undertake for a project; and WHEREAS, establishing pre -hire agreements on public work mutually benefits contractors and subcontractors, workers, local government, and the local community and economy; and WHEREAS, some examples of benefits and commitments a pre -hire agreement may include, but are not limited to: • Employment terms and conditions and workforce benefits such as prevailing wages, health and retirement benefits, working hours, safety protocols, apprenticeship utilization, priority hire, compliance with labor standards, coordinating on childcare needs, policies for recruitment and retention of a diverse workforce, policies for safe and respectful workplace free from harassment, discrimination, and retaliation, efficiencies through labor/management partnerships, mutual grievance/arbitration procedures, dispute resolution, and workforce training opportunities; • Contractor benefits such as access to a stable and skilled workforce, land use and development incentives (such as inclusionary zoning, density bonuses, streamlined permitting, public subsidies, reduced impact fees), prioritization of local, small, women, minority, and veteran owned business contractors, reduced administrative burdens and barriers such as streamlined reporting, prompt payment, technical assistance, and training; • Community benefits and values such as a community engaged process on project development, local economic and workforce development, environmental protections, green buildings and renewable energy, economic equity, affordable housing provisions, investment in public areas such as parks, small business support, and mitigating community impacts; and WHEREAS, pre -hire agreements are an administrative process, not necessarily a construction deliverable, that can be managed either internally or externally; and WHEREAS, according to a presentation by Daniel Villao, Chief Executive Officer of Intelligent Partnerships, studies demonstrate that costs associated with pre -hire agreements are minimal when compared to similar construction management and that about 1% of the cost is typically aligned with existing reporting compliance costs; and 3 WHEREAS, local wage revenue, community goodwill, and efficiencies demonstrate significant value when using pre -hire agreements; and WHEREAS, over the next decade, Whatcom County government is investing around $250-300 million of taxpayer dollars into several public work projects including new County facilities and transportation and infrastructure; and WHEREAS, authorizing pre -hire agreements and establishing minimum requirements, reporting, monitoring, and enforcement mechanisms can help ensure local public work projects reflect community values, promote local jobs for local workers, and stimulate the local economy; and WHEREAS, Whatcom County values a local skilled workforce and would like to see shared goals, priorities, and values incorporated into the construction of these future publicly funded facilities and transportation and infrastructure projects; and WHEREAS, providing local living wage job opportunities for the local workforce has many benefits such as supporting a vibrant local economy, climate resilience, and the health and wellbeing of workers; and WHEREAS, Whatcom County has several relevant planning documents that outline future public work including, but not limited to, the Six -Year Capital Improvement Program (CIP), Six -Year Transportation Improvement Program (TIP), Six -Year Water Resources Improvement Program (WRIP), Comprehensive Economic Development Strategy (CEDS), Comprehensive Plan, and Comprehensive Parks, Recreation and Open Space Plan (CPROS), among others; and WHEREAS, further enhancing Whatcom County communication and coordination with the county, contractors and subcontractors, labor and workforce, and other participating stakeholders on upcoming public work projects will allow time to plan ahead, ensuring that the requirements established in this chapter are met; and WHEREAS, Whatcom County's procurement and construction policies should be equitable and inclusive, providing a level playing field for fair competition, promoting responsible contractors, and not showing preference to either open shop or union contractors. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Title 3 is hereby amended to establish Chapter 3.73 Construction Projects - Pre -Hire Agreements, as shown in Exhibit A of this Ordinance. 143 ADOPTED this day of , 2025. 4 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 168 169 170 171 172 173 174 175 176 177 178 179 ATTEST: Cathy Halka, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kaylee Galloway, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Satpal Sidhu, County Executive ( ) Approved ( ) Denied Date Signed: 5 EXHIBIT A 3.73 CONSTRUCTION PROJECTS - PRE -HIRE AGREEMENTS Sections: 3.73.010 Pre -Hire Agreements Authorized 3.73.020 Definitions 3.73.030 Community Coalitions 3.73.040 Minimum Requirements 3.73.050 Administration 3.73.060 Exceptions and Waivers 3.73.070 Monitoring and Enforcement 3.73.080 Reporting 3.73.090 Remedies 3.73.100 Emergencies 3.73.110 Severability 3.73.010 Pre -Hire Agreements Required Whatcom County Code Title 3 regulates procurement and the construction of public work and the County is empowered to authorize the formation of pre -hire agreements in contracts for public work. A. As a condition of a County public work construction project, the County Executive shall require the contractor(s) that is awarded a contract with a value of Fifteen Million Dollars ($15,000,000) or more to enter into a pre -hire agreement with the County. B. The County Executive or their designee(s), contractor(s) awarded a contract with the County to construct an applicable public work, a community coalition, and other relevant stakeholders as applicable shall negotiate and recommend the employment terms and conditions and community and workforce benefits to be included in a pre -hire agreement for applicable public work projects as described in subsection (A) of this section. 214 C. The pre -hire agreement must be signed by the County Executive and 215 contractor(s) awarded a contract with the County to construct an applicable 216 public work and approved by the County Council in order to become a legally 217 binding agreement. 218 219 3.73.020 Definitions. 220 Where used in this chapter, unless the context clearly requires otherwise, the 221 following terms shall have the meaning and construction set forth herein: 222 223 A. "Apprentice" means an apprentice as defined by RCW 39.04.310. 224 225 B. "Bid" refers to an offer as defined by RCW 39.26.010. 226 0 227 C. "Community benefits" refer to the positive outcomes that a new construction 228 project can provide to the surrounding community and its residents, as agreed 229 upon and recommended by the community coalition. 230 231 D. "Community coalition" as established by a County Council -approved resolution 232 comprises community stakeholders and representatives of eligible community 233 organizations acting on behalf of the interests of the workforce and community 234 at large during negotiations. 235 236 E. "Community organization" means a group of persons representing a particular 237 interest within the community at large. Community organizations may include, 238 but are not limited to, municipalities, tribes, nonprofit organizations, 239 neighborhood associations, nonprofit business associations, chambers of 240 commerce, and labor. Community organizations shall not include for -profit 241 businesses. 242 243 F. "Community stakeholders" include individual members of community 244 organizations and other interested community members willing to work with the 245 coalition and represent community interests. 246 247 G. "Contractor" means a person, corporation, partnership, limited liability company, 248 or joint venture entering into a contract with the county to construct a public 249 work. 250 251 H. "Designee(s)" means county staff or contractor(s) designated by the Executive 252 to coordinate, negotiate, administer, and report requirements of pre -hire 253 agreements on applicable public work. 254 255 I. "Good faith efforts" means a reasonable and sincere effort made by the 256 contractor, and its subcontractor(s), to meet the goals and requirements 257 established by the pre -hire agreement. 258 259 J. "Helmets to Hardhats" means the nationwide program that is administered by 260 the Center for Military Recruitment, Assessment and Veterans Employment, a 261 nonprofit corporation that connects National Guard, Reserve, retired and 262 transitioning active -duty military service members with skilled training and 263 quality career opportunities in the construction industry. 264 265 K. "Historical compliance" means that contractor(s) and subcontractor(s) are 266 responsible bidders that have met or are meeting the established pre -hire 267 agreement requirements for applicable public work for a minimum of five years 268 preceding the submittal date for a bid solicitation. 269 270 L. "Job classification" means a system for organizing and categorizing jobs by type 271 of work, trade, craft, or duties performed on a job, each with a determined wage 272 commensurate with the classification. 273 7 M. "Journey level" means that an individual has sufficient skills and knowledge of an occupation, approved through The Washington State Apprenticeship and Training Council (WSATC) or through practical on-the-job work experience recognized by WSATC as being fully qualified to perform the work of the occupation. To be "journey level," practical experience must be equal to or greater than the term of apprenticeship. N. "Labor hours" is defined by RCW 39.04.310 and shall include additional hours worked as a result of a contract or project adjustment or pursuant to an agreed - upon change order. O. "Local workers" means workers who reside within the geographic boundaries of Whatcom County. P. "Misclassification" means when a worker has been incorrectly classified for the type of work actually performed on the job, and therefore may not receive pay commensurate with the actual work performed. Q. "Pre -apprentice graduate" means an individual who successfully completed a pre -apprenticeship program and is readily available to enter a registered apprenticeship program or has been accepted into a registered apprenticeship program, including individuals who are completing the first or second year of apprenticeship training. R. "Pre -apprenticeship program" means an education -based apprenticeship preparation program that is formally recognized by the Washington State Apprenticeship and Training Council and endorsed by one or more registered apprenticeship sponsor with a focus on educating and training students to meet or exceed minimum qualifications for entry into a registered apprenticeship program. S. "Preferred entry" means a program provided as part of a pre -hire agreement that allows pre -apprentice graduates and Helmets to Hardhats veterans entry into a registered apprenticeship program ahead of other applicants. T. "Pre -Hire Agreement" means a legally binding contractual agreement that includes employment terms and conditions and community and workforce benefits as negotiated and signed by the County, contractor(s) awarded a contract with the County to construct an applicable public work, and other relevant stakeholders as applicable. The pre -hire agreement should include community benefits as recommended by a community coalition and shall be approved by the County Council. 317 U. "Prevailing wages" are minimum hourly wages that must be paid to workers on 318 all local government public works and maintenance contracts as required by 319 RCW 39.12 and the Davis -Bacon Act. The rates vary by type of labor and are 320 determined and enforced by the Washington State Department of Labor and 321 Industries based on collective bargaining agreements. 0 322 323 V. "Priority hire program" means the program created in this chapter to prioritize 324 the recruitment and placement of priority hire workers for training and 325 employment in the construction trades on applicable public work projects. 326 327 W. "Priority hire worker" means an individual prioritized for recruitment, training, 328 and employment opportunities because the individual is a minority, woman, 329 veteran, and/or local or regional worker. 330 331 X. "Public work" refers to all publicly funded county construction projects that 332 constitute a public work as defined in RCW 39.04.010. Public work applicable to 333 this chapter shall have a cost estimate of Fifteen Million Dollars ($15,000,000), 334 or more. 335 336 Y. "Regional workers" means workers who reside within the geographic region of 337 Skagit, San Juan, and Island counties. 338 339 Z. "Registered apprenticeship program" means an apprenticeship training program 340 that is approved or recognized by the Washington State Apprenticeship and 341 Training Council. 342 343 AA. "Responsible bidder" refers to a contractor who has the necessary 344 qualifications, resources, and experience to fulfill a contract. 345 346 1313. "Responsible bidding" is the broader concept of ensuring that contracts are 347 awarded to the most capable and trustworthy bidders based on established 348 criteria, not just the lowest price. 349 350 CC. "Subcontractor" means a person, corporation, partnership, limited liability 351 company, or joint venture that has contracted with the contractor to perform all 352 or part of the work to construct a public work by a contractor. 353 354 DD."Wage theft" means when a contractor or subcontractor fails to pay wages or 355 provide benefits owed to an employee by contract or law. 356 357 3.73.030 Community Coalitions. 358 A community coalition, comprised of stakeholder representatives of eligible 359 community organizations, shall be established for each applicable public works 360 project under 3.73.010(A) for the purpose of developing the pre -hire agreement to 361 be associated with the project. The community coalition will be designated by a 362 resolution proposed by the County Executive and approved by the County Council 363 and shall be initiated by the opening of bids for the project. 364 365 A. An eligible community organization, as selected by resolution under this 366 Subsection, is entitled to select only one (1) individual to be a stakeholder 367 representative of a community organization and member of the community 368 coalition on its behalf. The eligible community organization may replace or 0 369 remove this stakeholder representative from the community coalition at any 370 time. 371 372 B. A stakeholder representative shall only have one vote on any decision or action 373 made by a community coalition. 374 375 C. Any vote or other action taken by a community coalition must be made at an 376 open public meeting of the community coalition, which shall occur in accordance 377 with the Open Public Meetings Act. 378 379 D. Recommended community benefits must be approved by a simple majority of 380 the seated members of the community coalition in order to be included in the 381 pre -hire agreement. 382 383 E. Other procedures for the operation and function of a community coalition may 384 be determined by a majority of the community coalition. 385 386 F. The community coalition shall provide written recommendations to the County 387 Executive or their designee(s) identifying desired community benefits sought to 388 be included in the pre -hire agreement. 389 390 G. A pre -hire agreement, including recommended community benefits as proposed 391 by the community coalition, shall be submitted to the County Council within 392 ninety (90) days of the effective date of the County Council -approved resolution 393 establishing the coalition's community stakeholders pursuant to Subsection (C) 394 of this Section. 395 396 H. The county council may amend, and must approve, the recommended pre -hire 397 agreement following a public hearing within forty-five (45) days of receipt, 398 otherwise the agreement is considered approved. 399 400 I. 401 402 403 404 405 406 407 408 409 410 411 412 413 414 In the event the County Executive or their designee(s), the community coalition, and the contractor(s) awarded an applicable public work contract do not issue a recommended pre -hire agreement to the County Council within 90-days, the County Council may issue an extension. If an agreement is still not reached after an extension, the County Council may establish the terms and conditions of the pre -hire agreement and approve those terms and conditions following a public hearing. 3.73.040 Minimum Requirements Following the award of the bid on an applicable public work project, and except as outlined in 3.73.050 and 3.73.090, the Executive, or their designee(s), shall make a good faith effort to negotiate and execute a pre -hire agreement containing the minimum requirements listed in this section. Minimum requirements established by this section shall also be included in all bid and contract documents. The bid and contract documents and pre -hire agreement shall, at minimum, require the 10 415 following terms and conditions. All contractor(s) awarded a contract with the 416 County to construct an applicable public works project, including their 417 subcontractor(s), shall: 418 419 A. Meet the responsible bidder criteria as established in WCC 3.08.XXX; and 420 421 B. Comply with the more stringent of state and federal labor and wage, benefit, 422 and overtime laws, including adhering to accurate job classifications, 423 commensurate prevailing wages, and reporting as required by RCW 39.12, and 424 providing training for workers on how to track and report work performed, 425 reconcile wages on a paystub, and report any complaints or violations to the 426 Washington State Department of Labor and Industries. 427 428 C. Meet apprenticeship utilization requirements at or exceeding those established 429 by Whatcom County Code Chapter 3.72. and shall consider preferred entry into 430 a registered apprenticeship program for pre -apprentice graduates and Helmets 431 to Hardhats veterans. 432 433 D. Meet priority hire utilization requirements established by Whatcom County, with 434 a minimum of 50% of labor hours to be performed by priority hire workers in 435 each project; shall include provisions for the recruitment, training, retention, 436 and mentoring of priority hire construction workers, including minorities, 437 women, veterans, and local and regional workers as they advance from 438 apprentice positions into journey level positions; and shall prioritize local 439 workers over regional workers. 440 441 E. Ensure a safe, respectful, and inclusive workplace by: 442 443 1. prohibiting discrimination, harassment, and sexual harassment; 444 445 2. maintaining a discrimination, harassment, and sexual harassment 446 prevention policy and annual training for all employees that includes how 447 to report grievances; 448 449 3. providing procedures for workers to address concerns such as third -party 450 investigation or ombuds services; 451 452 4. complying with human trafficking laws and applicable legal requirements of 453 the Keep Washington Working Act as codified in RCW 10.93, 43.10, 43.17, 454 and 43.330; 455 456 5. protecting employees from retaliation; and 457 458 6. maintaining compliance with all local, state and federal laws. 459 460 F. Comply with the National Labor Relations Act. Employers should ensure 461 employees are aware of their rights, including their right to organize and bargain 11 462 collectively. Employers are encouraged to remain neutral and follow applicable 463 guidance per the United States Department of Labor. 464 465 G. Make a good faith effort to include provisions to accommodate reasonable 466 childcare needs such as promoting access to childcare, providing a stipend for 467 childcare, and/or developing a plan to provide affordable childcare for workers. A 468 contractor should accommodate workers' childcare needs. No worker shall be 469 discriminated against or disadvantaged based on their childcare needs. 470 471 H. Consider climate resilient and sustainable building techniques where applicable, 472 including, but not limited to: 473 474 1. obtaining a minimum of Leadership in Energy and Environmental Design 475 (LEED) Silver standards, 476 477 2. deploying renewable energy, such as rooftop solar, and energy efficiency 478 technologies, 479 480 3. utilizing sustainable and/or reclaimed building materials; and 481 482 4. promoting active and alternative transportation and infrastructure 483 including charging stations for electric vehicles, bicycle parking and 484 storage, and coordinating with Whatcom Transportation Authority for 485 transit and ride share opportunities. 486 487 I. Mitigate impacts to local community as identified and agreed upon by the 488 community coalition. 489 490 J. Limit change orders to only those in response to County requests to change the 491 scope of work after a guaranteed maximum price is set, any omissions in the 492 original bid documents or design, or unforeseen conditions or circumstances. 493 494 K. Consider including other relevant state and federal labor standards as 495 applicable. 496 497 The County shall make an effort to reduce the administrative burdens on 498 contractor(s) and subcontractor(s), including streamlining paperwork and reporting 499 requirements and establishing a prompt -payment program. 500 501 Contractor(s) making bids on public work shall meet the requirements of this 502 chapter and the terms and conditions set forth in the applicable pre -hire 503 agreement. 504 505 As applicable, nothing in this chapter is intended to replace or supersede existing 506 bargained agreements between an employer and their employees. 507 508 509 12 510 3.73.050 Administration 511 The County Executive, or designee(s), shall coordinate, negotiate, and administer 512 pre -hire agreements on applicable public works projects, with terms and conditions 513 as required in section 3.73.040, except as outlined in 3.73.060 and 3.73.100. To 514 administer the pre -hire agreements, the Executive, or their designee(s), shall: 515 516 A. Provide technical assistance to contractors, including on the reporting and 517 enforcement requirements of the pre -hire agreement. 518 519 B. Develop a prompt -payment program for contractors and subcontractors to lower 520 the administrative burden, based on an assessment of the effectiveness of 521 existing payment programs. The prompt -payment program may include features 522 such as revolving fund or other mechanisms to provide cash flow relief. 523 524 C. At least annually, determine whether the percentage of priority hiring 525 requirements has been achieved by calculating the labor hours performed by 526 minorities, women, veterans, and local and regional workers. The labor hours 527 performed by workers outside the local and regional areas should be separately 528 calculated. 529 530 D. Establish a methodology using data from local sources to establish new goals as 531 applicable, such as reducing the cost threshold on applicable public work, 532 increasing the percentage of labor hours to be performed by priority hire 533 workers over time, and reviewing and adjusting the methodology as needed. 534 The methodology for determining the percentage of labor hours should 535 separately address apprentices and journey level workers on a contract-by- 536 contract basis. 537 538 The Executive, or their designee(s), shall work to enhance coordination and 539 communication between Whatcom County, local contractors and subcontractors, 540 labor and workforce, and other relevant partners and stakeholders to connect local 541 jobs with local workforce. The County shall, at a minimum, host an annual event to 542 review all upcoming County public work projects, including applicable public works 543 projects listed in the Six -Year Capital Improvement Program (CIP), Six -Year 544 Transportation Improvement Program (TIP), Six -Year Water Resources 545 Improvement Program (WRIP), Comprehensive Economic Development Strategy 546 (CEDS), Comprehensive Plan, Comprehensive Parks, Recreation and Open Space 547 Plan (CPROS), and other relevant planning documents. 548 549 3.73.060 Exceptions and Waivers. 550 During the term of any public work project subject to this chapter, the Executive, or 551 their designee(s), may reduce or waive any pre -hire agreement requirements of 552 this chapter when such requirements are in conflict with funding conditions. 553 554 In certain circumstances as outlined below, the Executive, or their designee(s), 555 upon confirmation by simple majority vote by the County Council, may reduce or 556 waive the pre -hire agreement requirements at any point of time during an 557 applicable public work construction project. The County Council must confirm or 13 reject the proposed exceptions and waivers request within thirty (30) days of submission to the Council, otherwise it is considered approved. Exceptions and waivers may be approved upon determination that at least three of the below conditions are met and documented by the contractor and reviewed by the Executive or designee(s): A. The contractor has demonstrated good faith efforts to meet the established requirement but remains unable to fulfill the goal. B. In order to meet the requirement, the contractor will be forced to displace members of its workforce. C. The reasonable and necessary requirements of the contract render the contract infeasible at the required levels. D. A disproportionately high ratio of material costs to labor hours render the contract infeasible at the required levels. E. The contractor has demonstrated that it has contacted multiple registered apprenticeship programs or priority hire workers, yet an insufficient number of apprentices or priority hire workers are available to meet the contract requirements. F. The contractor(s) and subcontractor(s) have demonstrated historical compliance with meeting the requirements established by pre -hire agreement(s) on all of its existing county construction projects prior to execution of a new contract with the county. Contractor(s) and subcontractor(s) shall have no history of wage or industrial insurance violations with the State of Washington and unfair labor practice charges under the National Labor Relations Act. G. The project previously received a no response or no bid, and the contractor was the sole bidder. 3.73.070 Monitoring and Enforcement. The Executive, or their designee(s), shall implement the labor compliance program as established by WCC 3.08.XXX to monitor compliance and enforce all requirements established in the pre -hire agreement(s) in addition to all applicable state and federal labor laws. The Executive, or their designee(s), shall ensure contractor(s) and subcontractors are using and reporting accurate job classifications and paying the commensurate prevailing wage. Any complaints of wage theft or other labor violations shall be reported to the Washington State Department of Labor and Industries. The Executive, or their designee(s), shall also monitor the actual use of apprentices and priority hire workers in construction projects subject to this chapter. Such monitoring shall include reviewing documents provided by the contractor showing total apprentice and priority hire labor hours, determining the apprentice and priority hire hours worked by minorities, women, veterans, and local and regional 14 workers, and assessing whether the contractor has complied with the apprenticeship or priority hire requirements established in its contract. If a contractor is found to be out of compliance with the pre -hire agreement requirements established in this code, the Executive, or their designee(s), shall work with the contractor(s) and subcontractor(s) to develop a corrective plan to remedy the noncompliance within 30 days. If the contractor(s) and/or subcontractor(s) remain out of compliance after 30 days, the County reserves the right to terminate the contract and seek remedies pursuant to WCC 3.73.070. 3.73.080 Reporting. The Executive, or their designee(s), shall report to the County Council annually on the pre -hire agreements on all active and completed applicable public work. The report shall be publicly accessible and include the following to the extent it is available: A. Outcomes on the terms and conditions required by the pre -hire agreements. B. The percentage of labor hours actually worked by apprentices and priority hires on each project and the total number of labor hours on each project. C. The number of apprentices and priority hires by contractor broken down by trade and craft category. D. The number and percentage of minorities, women, veterans, and local and regional workers utilized as apprentices and priority hires on each project. E. Data on the use and issuance of exceptions and waivers under section 3.73.050 for the prior 12-month period. The report should also include recommendations for maintaining or amending the existing exceptions and waivers provided in this chapter. F. Data on each contractor(s)'s and subcontractor(s)'s historical compliance with meeting the requirements established by a pre -hire agreement(s) on applicable public work projects and any complaints and/or violations of state and federal labor and wage laws; and G. The number of public work projects otherwise subject to this chapter that received a no response or no bid, and if any reasons were cited. The Executive, or their designee(s), should review program results annually to determine if the requirements as established in 3.73.030, including the priority hire program, should be expanded or amended to meet the purpose of the program. 3.73.090 Remedies. Failure by contractor(s), and/or their subcontractor(s), to comply with established pre -hire agreement requirements, unless otherwise waived or excused in writing by the Executive, or their designee(s) and confirmed by the County Council, pursuant 15 654 to 3.73.050, shall be deemed a breach of contract for which the County shall be 655 entitled to all remedies allowed by law under the contract. Nothing contained herein 656 creates standing for any persons. Failure to comply with the requirements 657 established in the pre -hire agreement may also be considered evidence bearing on 658 a contractor's qualification for award of future contracts with the County. 659 660 3.72.100 Emergencies. 661 This chapter may be waived in its entirety by the Executive on public work projects 662 related to or affected by local, state, or federally declared emergency events. 663 664 3.72.110 Severability. 665 The provisions of this chapter shall be effective in all cases unless otherwise 666 provided by federal or state law. The provisions of this chapter are separate and 667 severable. The invalidity of any clause, sentence, paragraph, subdivision, section or 668 other portion of this chapter or the invalidity of the application thereof to any 669 person or circumstance shall not affect the validity of the remainder of this chapter 670 or the validity of the application to other persons or circumstances. 16