Disclaimer: This web site is provided for informational purposes
only. Although every effort has been made to provide accuracy, all
information and resources shown are not official. Neither Kittitas
County nor any of its agencies, officials or employees guarantees
the accuracy of any information on this web site. Reliance upon the
information contained on or accessed through this web site is
entirely at your own risk. Kittitas County reserves the right to
make changes without notice. The official hard copy is available in the Commissioners' office.
Sections 2.04.010 Official meeting time. 2.04.015 Recording and notes of meetings. 2.04.020 Shoreline management permit procedure.
* For the
statutory provisions regarding quarterly sessions of boards of county
commissioners, see
RCW 36.32.080; for provisions regarding special sessions,
see
RCW 36.32.090.
2.04.010 Official meeting time.
The first and third Tuesday at 10:00 a.m. of each and every month of the year is designated as the regular and special meeting date of the Board of County Commissioners, to be held at the Kittitas County Courthouse located at 205 West 5th, Room 109, Ellensburg, Washington, at which time all of the normal business of the County will be transacted; provided that if Tuesday falls on a holiday, such regular meetings shall be held on the next business day. Should another time be required for any business, prior notice will be given for such special meeting in accordance with the law.
Section 2 - Regular Study Sessions
Every Monday
9:00 a.m.
Commissioners Office Administration Meetings
CR
Every Monday
9:40 a.m.
Appointed/Elected Department Heads
CR
1st and 3rd Monday
10:30 a.m.
Agenda Study Session
AUD
2nd and 4th Tuesday
10:00 a.m.
Human Resources Department
CR
2nd and 4th Monday
1:30 p.m.
Public Works/Community Development Services
PWCR
1st Wednesday
8:00 a.m.
Law & Justice
AUD
2nd Thursday
10:00 a.m.
Solid Waste/Maintenance/Fair Office
CR
3rd Thursday
1:30 p.m.
Finance Officer
CR
Key
CR
= Commissioner's Conference Room - Room 108, Kittitas County
Courthouse
AUD
= Commissioner's Auditorium - Room 109, Kittitas County Courthouse
Section 3 - Effective Date
This ordinance shall take effect November 4, 2009.
2.04.015 Recording and notes of meetings.
Audio tape recording and/or shorthand notes of the proceedings of the board
of Kittitas County commissioners shall be retained for a period of six years
when the recordings of meetings involve issues, decisions and actions that
could cause legal action to be taken against the county, and the audio tape
recordings and/or shorthand notes of the recordings of meetings involving
routine matters be retained until the approval of written minutes. (Ord.
99-03, 1999; Res. 83-20, 1983).
2.04.020 Shoreline management permit procedure.
The following permit procedure is adopted by the board:
The
planning office will receive shoreline applications and advise the applicant
on procedure and permit requirements.
The applicant shall publish legal
notices in compliance with law.
The planning office shall give
additional notice at least 30 days before the date of final local action by
at least one of the following methods:
Mailing to the latest recorded
real property owners as shown by the county assessor within at least 300
feet of the boundary of the property upon which the substantial development
is proposed;
Posting in a conspicuous manner on the property upon which
the project is to be constructed; or
Any other manner deemed
appropriate by local authorities to accomplish the objectives of reasonable
notice to adjacent landowners and the public.
The planning office will
receive mail in response to public notices for a period of 30 days.
Approximately 25 days after final public notice is given, the board may
select an individual or individuals, such as landowners or technicians, who
may be called to assist the board in making their decision.
He or they
shall discuss all relevant technical aspects of the application and
compliance of same with Section 2 of the shorelines law.
He or they
shall submit findings and recommendations to the board.
Section 38(1) of
the Shoreline Master Program is amended to provide that a fee of $50.00
shall accompany each permit application filed with the administrator.
Thirty days after final public notice, the board may take action on the
application. A public hearing may be set by board. If so, legal notice
announcing the hearing shall be published according to law.
The board
shall hold a hearing and take action on the permit.
The applicant and
the Department of Ecology shall be advised within eight days of board
action. A state review period of up to 45 days is required during which the
applicant must withhold the start of construction.
The county shall receive notice of determination from the Department
of Ecology and shall forward that notice to the building department. A
building permit shall be issued by building inspector if approval is given.
The clerk of the board shall record final action with the county
auditor. (Ord. 99-03, 1999; Res. 81-44, 1981; Res. 79-15, 1979; Res. 75-91,
1975; Ord. 72-30, 1972).
Sections 2.08.010 Upper - Lower justice court districts designated. 2.08.020 One justice elected per district. 2.08.030 Central office - Court room - Records locations. 2.08.040 Court seat location restriction. 2.08.050 Court commissioner. 2.08.060 Justice court districting plan adoption.
* For the
statutory provisions regarding justice court districts and the duties of the
justice court districting committee, see
RCW 3.38.010 - 3.38.060; for
provisions regarding adoption of the justice court districting plan, see
RCW
3.38.030.
2.08.010 Upper - Lower justice court districts designated. Kittitas County shall be divided into two district court districts,
one of which shall comprise the following voting precincts:
Hyak, Easton, Mountain, Ronald, all Roslyn precincts, Roslyn Outlying,
all Cle Elum precincts, Kachess, South Cle Elum, Peoh Point, Swauk, Teanaway,
and Westside
and shall be named the Upper Kittitas County District Court. The other
district court district shall comprise the remaining voting precincts:
Canyon, Damman, Dry Creek, East Sanders, Thorp, Manastash, Ridgeway,
North Central, North Ellensburg, South Ellensburg, Cliffdell, Denmark, all
Ellensburg precincts, Fairview, Northeast Fairview, Park, Vantage, all
Kittitas precincts, Sanders, and Thrall
and shall be named the Lower Kittitas County District Court. (Ord. 2005-21,
2005; Ord. 99-03, 1999; Vol. N, p. 252A (1), 1966).
2.08.020 One justice elected per district. There shall be elected in each justice court district one justice. (Ord. 99-03, 1999; Vol.
N, p. 252A (2), 1966).
2.08.030 Central office - Court room - Records locations. The location of
the central office, court room, and records of the Lower Kittitas County
Justice Court shall be in the Kittitas County Courthouse at Ellensburg; the
location of the central office, court room, and records of the Upper
Kittitas County Justice Court shall be at the Cle Elum City Hall, or such
other place in the city of Cle Elum as the board of county commissioners may
hereafter designate. (Ord. 99-03, 1999; Vol. N, p. 252A (3), 1966).
2.08.040 Court seat location restriction. The court shall not sit in any other place
than designated in KCC 2.08.030. (Ord. 99-03, 1999; Vol. N, p. 252B (4),
1966).
2.08.050 Court commissioner. There shall be one court commissioner in
the Lower Kittitas County Justice Court, and there shall be one court
commissioner in the Upper Kittitas County Justice Court. (Ord. 99- 03, 1999;
Ord. 96-2, 1996; Vol. N, p. 252B (5), 1966).
2.08.060 Justice court districting plan adoption. The report of the Kittitas County Justice Court
districting committee is adopted as the Kittitas County Justice Court
districting plan. (Ord. 99-03, 1999; Res. 66-22, Vol. N, p. 284, 1966).
Sections 2.09.010 Standards of representation. 2.09.020 Selection of attorneys. 2.09.030 Duties and responsibilities of counsel. 2.09.040 Case load limits and types of cases. 2.09.050 Costs of investigative and expert or other services. 2.09.060 Reports of attorney activity and vouchers. 2.09.070 Training. 2.09.080 Substitution of attorneys or assignment of contracts. 2.09.090 Minimum qualifications of attorneys. 2.09.100 Representation in specific classes of cases. 2.09.110 Disposition of client complaints. 2.09.120 Cause for removal of attorney. 2.09.130 Non-discrimination. 2.09.140 Effective date and expiration date. 2.09.150 Severability.
2.09.010 Standards of representation.
Kittitas County hereby adopts standards for the delivery of public defender services consistent with
RCW 10.101.030 and the Washington Defender Association Standards for Public Defense Services. Kittitas County is rural in nature, has two sitting Superior Court judges, a full time district court judge serving the Lower Kittitas County District Court and a part-time district court judge serving the Upper Kittitas County District Court; and appoints attorneys from a list of qualified, interested, and dedicated attorneys for cases in Superior Court and Upper Kittitas County District Court and contracts with attorneys in Lower Kittitas County District Court. Therefore, the standards set forth in this rule have been tailored to the assigned counsel model for delivery of public defender services. (Ord. 2008-12, 2008)
2.09.020 Selection of attorneys.
Attorneys appointed for indigent defense shall be selected solely by the court. (Ord. 2008-12, 2008)
2.09.030 Duties and responsibilities of counsel.
Defense services shall be provided to all clients in a professional, skilled manner consistent with minimum standards set forth by the American Bar Association, applicable state bar association standards, the Rules of Professional Conduct, case law and court rules defining the duties of counsel and the rights of defendants in criminal cases. Counsel's primary and most fundamental responsibility is to promote and protect the best interests of the client. (Ord. 2008-12, 2008)
2.09.040 Case load limits and types of cases.
The caseload of court appointed attorneys should allow each lawyer to give each client the time and effort necessary to ensure effective representation. Assigned counsel should not accept a workload that, by reason of its excessive size, interferes with the rendering of quality representation. (Ord. 2008-12, 2008)
2.09.050 Costs of investigative and expert or other services.
Reasonable compensation for investigative, expert, or other services necessary for preparation and presentation of the defense case shall be provided upon motion pursuant to CrR 3.1(f) or CrRLJ 3.1(f). Fees for investigative, expert, or other services should be maintained and allocated from funds separate from those provided for defender services. The defense should be free to retain said services of its choosing. (Ord. 2008-12, 2008)
2.09.060 Reports of attorney activity and vouchers.
The court appointed attorney shall maintain a case-reporting and management information system which includes number and type of cases, attorney hours and disposition for each case served at public expense. An annual report shall be filed with the presiding judges of the respective courts summarizing the number and type of cases, the attorney hours spent on each case, and dispositions thereof. Such system shall be maintained independently from client files so as to disclose no privileged information. A standardized voucher form provided by the court shall be used by court appointed attorneys seeking payment upon completion of a case. Each attorney shall provide annually to the Presiding Superior Court Judge a certification documenting their compliance with the requirements set forth in Section 2.09.090. (Ord. 2008-12, 2008)
2.09.070 Training.
Attorneys providing public defense services should participate in regular training programs on criminal defense law, including a minimum of seven hours of continuing legal education annually in areas relating to their public defense practice. Attorneys in dependency practices should attend training programs in these areas. Every attorney providing counsel to indigent accused should have the opportunity to attend courses that foster trial advocacy skills and to review professional publications and tapes. (Ord. 2008-12, 2008)
2.09.080 Substitution of attorneys or assignment of contracts.
The court appointed attorney should not sub-contract with another firm or attorney to provide representation, except referrals authorized by contract in order to (a) comply with caseload limitations, or (b) resolve conflicts. To the extent that the court appointed attorney does refer cases to maintain caseload limitations or for any other reason authorized by contract, the referral shall be only to an attorney who the court has determined qualifies to serve as court appointed counsel under these standards for public defense services. (Ord. 2008-12, 2008)
2.09.090 Minimum qualifications of attorneys.
In order to assure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, court appointed attorneys shall meet the following minimum professional qualifications: a) satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and b) complete seven hours of continuing legal education approved by the Washington State Bar Association Continuing Legal Education Department in the field of criminal law or trial advocacy within each calendar year. (Ord. 2008-12, 2008)
2.09.100 Representation in specific classes of cases.
In order to serve in each of the following classes of cases, court appointed attorneys should first meet certain requirements:
Death Penalty Representation. Each attorney acting as lead counsel in a death penalty case should meet the following requirements:
The minimum requirements set forth in Section 2.09.090; and
At least five years criminal trial experience; and
Have prior experience as lead counsel in no fewer than nine jury trials of serious and complex cases which were tried to completion; and
Have served as lead or co-counsel in at least one jury trial in which the death penalty was sought; and
Have completed at least one death penalty defense seminar within the previous two years.
Adult Felony Cases - Class A. Each attorney representing a defendant accused of a Class A felony as defined in
RCW 9A.20.020 should meet the following requirements:
The minimum requirements set forth in Section 2.09.090; and
Either:
has served two years as a felony-level prosecutor; or
has served two years as a public defender defending felony-level cases; or
has been trial counsel alone or with other trial counsel and handled a significant portion of the trial in five felony cases that have been submitted to a jury.
Adult Felony Cases - Class B Violent Offense or Sexual Offense. Each attorney representing a defendant accused of a Class B violent offense or sexual offense as defined in
RCW 9A.20.020 should meet the following requirements:
The minimum requirements set forth in Section 2.09.090; and
Either:
has served one year as a felony-level prosecutor; or
has served on year as a public defender defending felony-level cases; or
has been trial counsel alone or with other counsel and handled a significant portion of the trial in two Class-C felony cases that have been submitted to a jury.
Adult Felony Cases - All other Class B Felonies, Class C Felonies, Probation or Parole Revocation. Each attorney representing a defendant accused of a Class B felony not defined in (c) above or a Class C felony, as defined in
RCW 9A.20.020, or involved in a probation or parole revocation hearing should meet the following requirements:
The minimum requirements set forth in Section 2.09.090, and
Either:
has served one year as a prosecutor; or
has served one year as a public defender; or
has been trial counsel alone or with other trial counsel and handled a significant portion of the trial in two criminal cases that have been submitted to a jury; and
Each attorney should be accompanied at his or her first felony trial by a supervisor, or another otherwise qualified public defender.
Juvenile Cases - Class A. Each attorney representing a juvenile accused of a Class A felony should meet the following requirements:
The minimum requirements set forth in Section 2.09.090, and
Either:
has served one year as a prosecutor; or
has served one year as a public defender; or
has been trial counsel alone of record in five juvenile Class B and Class C felony trials; and
Each attorney should be accompanied at his or her first juvenile trial by a supervisor, or another otherwise qualified public defender.
Juvenile Cases - Classes B and C. Each attorney representing a juvenile accused of a Class A or C felony should meet the following requirements:
The minimum requirements set forth in Section 2.09.090, and
Either:
has served one year as a prosecutor; or
has served one year as a public defender; or
has been trial counsel alone of record in five misdemeanor cases brought to a final resolution; and
Each attorney should be accompanied at his or her first juvenile trial by a supervisor, or another otherwise qualified public defender.
Misdemeanor Cases. Each attorney representing a defendant involved in a matter concerning a gross misdemeanor or condition of confinement, should meet the requirements as outlined in Section
2.09.090.
Dependency Cases. Each attorney representing a client in a dependency matter shall meet the following requirements:
The minimum requirements as outlined in Section 2.09.090; and
Attorneys handling termination hearings shall have six months dependency experience or have significant experience in handling complex litigation. (Ord. 2008-12, 2008)
2.09.110 Disposition of client complaints.
Client complaints should first be directed to the public defender who provided or is providing representation. If the client feels that he or she has not received an adequate response, the public defender shall forward the complaint and any response by the public defender to the judicial officer presiding over the case. The judicial officer shall review the complaint and take any action deemed appropriate by the judicial officer, including re-assigning the case to another public defender. The attorney and the reviewing judicial officer shall reply to the complaint within one week of receipt of the complaint or as soon as practicable thereafter. (Ord. 2008-12, 2008)
2.09.120 Cause for removal of attorney.
Termination of an attorney's assignment should only be for cause. Good cause shall include the failure of the attorney to render adequate representation to clients; the willful disregard of the rights and best interests of the client; and the willful disregard of the standards herein addressed. The representation in an individual case establishes an inviolable attorney-client relationship. Removal of counsel from representation therefore normally should not occur over the objection of the attorney and the client. (Ord. 2008-12, 2008)
2.09.130 Non-discrimination.
Neither the court, in its selection of an attorney to provide public defense representation, nor the attorneys selected, in their hiring practices or in their representation of clients, shall discriminate on the grounds of race, color, religion, national origin, age, marital status, sex, sexual orientation or handicap. Both the court and the attorney shall comply with all federal, state, and local non-discrimination requirements. (Ord. 2008-12, 2008)
2.09.140 Effective date and expiration date.
This ordinance shall take effect immediately and shall not expire until formally amended or repealed by legislative action. (Ord. 2008-12, 2008)
2.09.150 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 2008-12, 2008)
2.10.010 Responsibilities. The board of
health shall preside as the governing body for the Kittitas County health
department. Responsibilities include policy framework, budget, contracts,
and long-range planning. The board of health shall work in collaboration
with the county health officer, public health department management, and
community members to ensure that the core public health functions, as set
forth in the public health improvement plan, are implemented and maintained.
The health department budget is to be discussed with the board of health
prior to presentation to the board of county commissioners. The board of
health then sends the budget on to the board of county commissioners for
consideration in the context of the entire county budget. Similarly, budget
amendments go first to the board of health, then to the board of county
commissioners. Capital facilities will generally be handled by the board of
county commissioners; this includes buildings, computers, copiers, fax
machines, furniture, etc. If the administrator determines that an issue or
expenditure could impact the level of service or the policy direction of the
health department, he/she may bring that issue before the board of health
for discussion in that forum. The hiring, termination and performance
evaluations of the administrator are the responsibility of the board of
health, and will be consistent with county human
resource policy. Kittitas County human resources will handle personnel
issues and establish salary ranges with input from the administrator and the
board of health, with the final decisions resting with the board of county
commissioners. (Ord. 2000-08; Ord. 2000-02).
2.10.020 Members. The board of
health shall be composed of a minimum of three and a maximum of five
members. The three elected members of the board of county commissioners
shall be members of the board of health. Appointed members of the board of
health should include health care professionals and residents of Kittitas
County with knowledge and interest beneficial to the operation of the board
of health. At no time may persons other than elected officials constitute a
majority of the board of health. (Ord. 2000-08; Ord. 2000-02).
2.10.030 Terms. Of the members initially appointed, an equal number shall be
appointed for two years and for three years. Thereafter, appointed
individuals shall serve for three-year terms. The term of office for all
appointees shall commence on the first day of January in the year in which
the term is to commence. (Ord. 2000-08; Ord. 2000-02).
2.10.040 Appointment. The chairperson of the board of county commissioners shall appoint members
to the board of health with the approval of the majority of the board of
county commissioners. The board of county commissioners shall seek
applications from residents of Kittitas County. Notice of impending
expiration of appointed board of health member's terms shall be the
responsibility of the secretary to the board of health and should occur in
October before the January that the term expires. At that time, an
advertisement soliciting persons wishing to be appointed will be run for two
weeks. Applications will be reviewed and someone will be appointed or
reappointed at a December board of county commissioners meeting to serve on
the board of health for a three-year term. (Ord. 2000-08; Ord. 2000-02).
2.10.050 Vacancies.
Vacancies on the board of health shall be filled by
appointment by the chairperson of the board of county commissioners in the
same manner as initial appointments are made. Appointments shall be made for
the unexpired portion of the term of the position filled. (Ord. 2000-08;
Ord. 2000-02).
2.10.060 Organization.
The chair of the board of county
commissioners shall act as the chair of the board of health. A vice-chair
will be elected at the first board of health meeting each January. The board
of health shall appoint a secretary who need not be a member of the board.
(Ord. 2000-08; Ord. 2000-02).
2.10.070 Meetings.
The board of health shall
hold no fewer than one regular meeting in each month of the year; provided,
that if no issues over which the board has jurisdiction are pending upon its
calendar a meeting may be cancelled. (Ord. 2000- 08; Ord. 2000-02).
2.10.080 Rules and record.
The board of health shall adopt rules for the transaction
of its business and shall keep a public record of its transactions, findings
and decisions. (Ord. 2000-08; Ord. 2000-02).
2.10.090 Compensation or reimbursement.
Appointed members of the board of health shall not receive
compensation for their service. Appointed members may receive reimbursement
for approved expenses related to the completion of their responsibilities.
(Ord. 2000-08; Ord. 2000-02).
2.11.010 Adoption of system.
Kittitas County hereby adopts a land use hearing examiner system. (Ord.
2007-37, 2007)
2.11.020 Purpose.
The land use hearing examiner system is intended to provide an expeditious
adjudicatory process in the land use arena which affords procedural due process
and fundamental fairness. (Ord. 2007-37, 2007)
2.11.040 Appointment of examiner(s).
The County, through its Board of County Commissioners, shall appoint a chief
hearing examiner and such other deputy examiners or pro tempore examiners as are
necessary to perform the duties assigned. Such appointments shall be upon
mutually acceptable terms. (Ord. 2007-37, 2007)
2.11.050 Term of office.
The chief examiner and every deputy examiner shall be appointed for an
initial term of one year. Thereafter, upon reappointment, the term of office
shall be for four years. Pro tempore examiners shall serve as specified in each
appointment. (Ord. 2007-37, 2007)
2.11.060 Qualifications.
An examiner shall be appointed based solely upon his or her qualifications
and shall have such previous training and experience as will qualify the
examiner to fairly conduct administrative and quasi-judicial hearings upon land
use matters consistent with the job description and qualifications identified
for this position. (Ord. 2007-37, 2007)
2.11.070 Duties.
Examiners shall perform those duties designated by ordinance or statute.
Initially this shall include quasi-judicial matters now heard by the Planning
Commission. (Ord. 2007-37, 2007)
2.11.080 Freedom from improper influence.
No person, including county officials and employees, shall attempt to
influence an examiner upon any matter pending or likely to be brought before
such examiner except at a public hearing at which the matter is to be
considered; provided, if requested by an examiner, the prosecuting attorney may
provide advice on questions of law. (Ord. 2007-37, 2007)
2.11.090 Disqualification.
An examiner shall not hear and shall disqualify himself or herself in a
proceeding in which his or her impartiality could reasonably be questioned. In
applying the foregoing standard an examiner shall adhere to the guidelines
contained in Canon 3c of the Code of Judicial Conduct.
In the event of a disqualification the disqualified examiner shall transfer
the proceeding to another examiner or, if there is no other qualified examiner,
to the Kittitas County Planning Commission.(Ord. 2007-37, 2007)
2.11.100 Removal of examiner.
An examiner may be removed from office for good cause by the Board of County
Commissioners. (Ord. 2007-37, 2007)
2.11.110 Duties of chief examiner.
The chief hearing examiner shall have the following additional duties:
Administrative responsibility over deputy and pro tempore
hearing examiners which shall include the assignment of cases;
The promulgation of rules as provided in Section
2.10.120;
Annually, the chief examiner shall produce a written
report which shall contain:
A summary of decisions made within the hearing
examiner system;
Recommendations for improving the hearing examiner
system;
Other observations and recommendations pertaining to
land use policies or legislation. (Ord. 2007-37, 2007)
* For the statutory provisions regarding
planning commissions, see
RCW 35.36; for provisions regarding the
County Planning Enabling Act, see
RCW 36.70.
2.12.010 Established.
The Kittitas County planning commission is established. (Ord. 99-03, 1999;
Vol. L, p. 600, 1958).
2.12.020 Access road route establishment assistance.
Repealed by Ord. 99-03. (Vol. M, p. 1, 1958).
* For the statutory
provisions regarding the Housing Authorities Law generally, see
RCW
35.82; for provisions regarding the Housing Cooperation Law generally,
see
RCW 35.83; for provisions regarding the procedure for creation
of Housing Authorities, see
RCW 35.82.030.
2.14.010 Need established - Name.
Kittitas County finds the following:
Unsanitary and unsafe inhabited
dwelling accommodations exist in the county; and
There is a shortage of
safe and sanitary dwelling accommodations in the county, both single-family,
multifamily and elderly, that are available to persons of low- and
moderate income as rentals and as home ownership; and
There is a need for
a housing authority to function in the county; and
The name of the
housing authority shall be "The Housing Authority of Kittitas County,
Washington;" and
The Housing Authority of Kittitas County is dedicated
to providing decent, safe, sanitary and affordable housing and related
services to the people as defined by federal regulations; and
With its
long-range and short-range goals, the Housing Authority of Kittitas County
may undertake any activity its commissioners may deem appropriate which will
improve the quality of life for its residents within its budgetary
restrictions. (Ord. 99-03, 1999; Res. 70-5, Vol. O, p. 176, 1970).
Sections 2.16.005 Committee for developmental disabilities established. 2.16.010 Board authorization and composition. 2.16.020 Board powers and duties. 2.16.030 Board procedural matters. 2.16.040 Board officers. 2.16.050 Standing committees. 2.16.060 Executive director and staff. 2.16.070 Amendments.
2.16.005 Committee for
developmental disabilities established.
A Kittitas County committee for
developmental disabilities is set up under the provisions of
RCW 71.20. (Ord. 99-03, 1999; Res. 68-15, Vol. N, p. 554, 1968).
The Kittitas County mental health board
is established by the Kittitas County board of commissioners in accordance
with the provisions of Chapter 111, Laws Extraordinary Session, 1967, and
Chapter
71.24 RCW.
The Kittitas County developmental disabilities board
is established by the Kittitas County board of commissioners in accordance
with the provisions of Chapter 110, Laws Extraordinary Session, 1967, and
Chapter
71.20 RCW.
The Kittitas County substance abuse board is
established by the Kittitas County board of commissioners in accordance with
provisions of Chapter 111, Laws Extraordinary Session, 1967, and Chapters
69.54 and Chapter
71.24 RCW.
Each of the above boards shall consist of
nine to 15 members appointed by the county commissioners with representation
as specified in the above mentioned laws with the additional stipulation
that:
Members shall be appointed for three-year terms with the terms of
one-third of the members expiring each year.
A member whose term expires
may be reappointed for another term.
At the discretion of the county
commissioners, the three boards may have the same members so that they
appear to be one board; provided, that separate minutes, records and budgets
shall be kept. (Ord. 99-03, 1999; Vol. 12, p. 510, 1983).
2.16.020 Board powers and duties.
The Kittitas County mental health, developmental
disabilities, substance abuse board shall:
Review and evaluate the
mental health, developmental disability and substance treatment needs,
services, facilities, and special problems of Kittitas County;
Advise
the county commissioners as to a program of community mental health,
developmental disabilities, and substance treatment and prevention services,
which program shall reflect the fullest and most feasible utilization of
already existing services;
Assume responsibility for implementing
legislation governing county mental health, developmental disabilities, and
substance treatment and prevention programs;
Establish general operating
policies and procedures;
Establish priorities on the basis of community
needs and recommend the allocation of available county and state funds to
meet those needs;
Receive and review all applications for financial
support for mental health, developmental disabilities, and substance
treatment and prevention services submitted and submit recommendations
concerning these applications to the board of county commissioners;
After adoption of a program, supervise the financial and service components
of the mental health, developmental disabilities, and substance treatment
and prevention programs in order to be assured that actual expenditures and
programs remain consistent with the applications as approved;
Develop and recommend to the
county commissioners the annual budget for the Kittitas County mental
health, developmental disabilities, substance abuse board;
Submit
annually to the county commissioners a report of the activities of the
community mental health, developmental disabilities, substance treatment and
prevention programs, including a financial account of expenditures. (Ord.
99-03, 1999; Vol. 12, pp. 510 - 511, 1982).
2.16.030 Board procedural matters.
The following procedures shall be followed by the three boards:
A quorum shall consist of 50 percent of the members of the board and a
quorum shall be required to transact business at any regular or special
meeting.
A full agenda of the business to be conducted shall be mailed
to all board members one week prior to any regular or special meeting with
the understanding that items may be added or deleted only by vote of the
board at the time of meeting.
Regular meetings shall be held once each
month at a place and time to be established by the board.
Special
meetings may be called at the request of the chairperson, at the request of
the county commissioners, or at the written request of four or more members
of the board. Notice of all special meetings, along with an agenda, shall be
mailed to all members at least one week in advance of the meeting date.
The annual meeting shall be the regular meeting for the month of December at
which time shall be held the election of officers for the ensuing year.
More than three consecutive unexcused absences from meetings or more than
four total absences per calendar year by any member shall cause the board to
recommend to the commissioners that such member be dropped from the board.
The representative from the county commissioners shall be exempt from this
attendance requirement.
Unexpired Terms. The board of county
commissioners shall be notified of persons who resign or are dropped from
the board. Such vacancies shall be filled by the county commissioners as
soon as a suitable replacement can be recommended by the board.
Robert's
Rules of Order shall be in effect in all cases not covered by the guidelines
or governed by special procedures adopted by the board. (Ord. 99-03, 1999;
Vol. 12, p. 511, 1982).
2.16.040 Board officers.
Officers shall be elected
at the annual meeting of the board for a term of one year, or until their
successors are elected, and shall include the following, with duties and
functions as set forth:
Chairperson.
The chairperson shall be
elected at the annual meeting by secret ballot; provided, that no first-year
board member may be nominated for chairperson.
The chairperson shall
preside at the meetings of the board, serve as chairperson of the executive
committee, serve as a member ex-officio of all standing committees, assume
primary responsibility for the general direction of the activities of the
administrator, and perform such other duties as usually are associated with
the office or assigned by the board.
Vice-Chairperson.
The
vice-chairperson shall be elected at the annual meeting by secret ballot.
The vice-chairperson shall perform the duties of the chairperson in case
of the latter's absence or disability or during any vacancy in the office of
chairperson. He or she shall also serve on the executive committee, serve as
chairperson of the personnel committee and perform such other duties as may
be assigned by the board.
Secretary.
The secretary shall be elected
at the annual meeting by secret ballot.
The secretary shall be
responsible to see that minutes and records are properly kept. He or she
shall also serve on the executive committee and perform such other duties as
may be assigned by the board.
Finance
Chairperson.
The finance chairperson shall be appointed by the
chairperson at the first meeting in January.
The finance chairperson
shall be responsible to see that the books of account are properly kept,
serve as chairperson of the budget and finance committee, serve on the
executive committee, and perform such other duties as may be assigned by the
board.
The finance chairperson shall be responsible to see that reports
of the county programs' finances are submitted to the board quarterly.
Executive Committee.
The executive committee shall consist of the
chairperson, vice-chairperson, secretary, two members-at-large elected at
the annual meeting, and the finance chairperson.
The executive committee
shall represent the board in matters of business which arise during the
period between meetings of the board, such matters to be reported and action
taken ratified by the board at the next meeting. The executive committee
shall also perform such other duties as may be assigned by the board.
A
quorum shall be required to take action at an executive committee meeting
and a quorum shall consist of 50 percent of the executive committee. (Ord.
99-03, 1999; Vol. 12, pp. 511 - 512, 1982).
2.16.050 Standing committees.
At the January meeting of the board, the chairperson shall appoint the
following standing committees, with duties and functions as set forth:
Budget and Finance.
Develop and recommend to the board, the annual
budget for submission to the county commissioners;
Develop budget
reporting and review procedures for provider agencies with whom the county
contracts;
Review all applications for funds submitted to the board and
make recommendations with respect thereto.
Program Review and
Development.
Inform the board of specific mental health, developmental
disabilities and substance treatment and prevention needs in Kittitas County
not being met by existing programs and recommend specific program
development to alleviate such needs;
Develop program inspection and
evaluation procedures for all agencies with whom the county contracts to
provide mental health, developmental disabilities, or substance treatment
and prevention services.
Nominating.
The chairperson of the board
shall appoint a nominating committee, consisting of three members, no later
than the October meeting of the board.
The nominating committee shall
nominate officers to be elected at the annual meeting. The slate of
candidates nominated shall be presented to the members of the board at the
November board meeting and shall be mailed to any member not present at that
meeting. Nominations shall also be received from the floor.
Personnel.
Develop job descriptions, personnel policies and salary ranges for board
employees and annually recommend any classification changes and salary
adjustments required;
Serve as a screening committee and recommend
applicants to the board and to the county commissioners to fill vacant staff
and board member positions as they occur.
Education and Promotion.
Develop a program for obtaining "responsible reporting" of the activities of
the board and staff;
When occasion warrants, arrange for public
meetings, programs, and hearings; provide representation at legislative
sessions; develop educational materials; to further public interest in and
support of mental health, developmental disabilities and substance treatment
and prevention programs. (Ord. 2000-02; Ord. 99-03, 1999; Vol. 12, pp. 512 -
513, 1982).
The executive director and related staff
shall carry out their duties under the direction of the board and under the
general supervision of the chairperson.
The executive director and
related staff shall be responsible for all duties outlined in their job
descriptions.
The executive director shall attend all regular and
special board meetings and shall submit a monthly report to the board. (Ord.
99- 03, 1999; Vol. 12, p. 513, 1982).
2.16.070 Amendments.
The guidelines
may be amended at a regular meeting of the board; provided, that:
Proposed amendments shall have been read at one regular meeting prior to
voting;
Proposed amendments shall have been submitted in writing to the
members of the board prior to the first reading;
Two-thirds of the
members of the board shall vote in favor of the amendments. (Ord. 99-03,
1999; Vol. 12, pp. 513 - 514, 1982).
Chapter 2.17
NUMBER OF MEMBERS OF THE CIVIL SERVICE COMMISSION FOR THE SHERIFF'S OFFICE
2.17.01 Purpose.
The purpose of this section is to increase the established Civil Service Commission for the Sheriff's Office from three to five members. (Ord. 2009-18; 2009)
2.17.02 Duties.
RCW 41.14 governs the Civil Service Commission's procedures and responsibilities, including but not limited to duties, policies, appeals, and disciplinary actions. (Ord. 2009-18; 2009)
2.17.03 Term.
All members of the Civil Service Commission for the Sheriff's Office will have a six year term. (Ord. 2009-18; 2009)
2.17.04 Quorum.
Three commissioners constitute a quorum and the votes of three commissioners concurring are sufficient for the decision of all matters and the transaction of all business decided or transacted by the commission. (Ord. 2009-18; 2009)
2.17.05 Political ties.
No more than three commissioners may be adherents of the same political party. (Ord. 2009-18; 2009)
2.17.06 Residency.
No person shall be appointed to the commission who is not a citizen of the United States, a resident of the county for at least two years immediately preceding his appointment, and an elector of the county wherein he resides. (Ord. 2009-18; 2009)
2.17.07 Severability.
If any provision of this Chapter or its application to any person or circumstances is held invalid, the remainder of the Chapter or the application of the Chapter to other persons or circumstances shall not be affected. (Ord. 2009-18; 2009)
* For statutory provisions requiring
county and precinct offices to be open during such days and hours as the
board shall by resolution prescribe, see
RCW 36.16.100.
2.20.010 Schedule of hours.
The following schedule of hours shall be observed in the county:
Monday through Friday
9:00 a.m. to 5:00 p.m.
Saturday, Sunday, and
holidays
Closed
Hours varying from the above schedule shall be set by
resolution. (Ord. 99-03, 1999; Vol. K, p. 440, 1951).
Chapter 2.22
COUNTY OFFICIALS AND EMPLOYEES - WAGE POLICY
(Repealed by Ord. 99-03)
Chapter 2.24
COUNTY OFFICIALS - TRAVELING EXPENSES
2.24.010 Mileage allowance.
The mileage allowance for county officials and employees shall be
set by resolution. (Ord. 99-03, 1999; Vol. K, p. 220, 1949).
2.24.020 Board of commissioners.
Repealed by Ord. 99-03. (Res. dated 6/4/79; Res. 74-36,
1974).
Chapter 2.26
COUNTY EMPLOYEES - AFFIRMATIVE ACTION
2.44.010 Personnel policy adoption.
The county shall draft and
implement a personnel policy that shall apply to all employees of the
county. The personnel policy shall address:
County employee leave
policies;
Hiring policies and termination policies;
Payroll
policies; and
Other policies may be adopted as the board of county
commissioners deem necessary. (Ord. 99-03, 1999; Res. RD-2-71 § 1, 1971).
Sections 2.48.010 Purpose of chapter. 2.48.020 Definitions. 2.48.030 Emergency management council. 2.48.040 Emergency management council - Powers, duties. 2.48.050 Director of emergency management - Created, duties. 2.48.060 Director of emergency management - Powers during disaster. 2.48.070 Emergency management organization - Membership. 2.48.080 Emergency management organization - Divisions - Services - Staff. 2.48.090 Violation - Penalty.
* For the statutory provisions regarding civil defense generally, see Chapter
35.82
RCW; for provisions authorizing local civil defense organizations, see
RCW
38.52.070.
2.48.010 Purpose of chapter.
The declared purposes of this
chapter are to provide for the preparation and carrying out of plans,
including mock or practice drills, for the emergency services of persons and
property within this county in the event of a disaster, and to provide for
the coordination of the emergency management and disaster functions of this
county with all other public agencies and affected private persons,
corporations and organizations. Any expenditures made in connection with
such emergency services and disaster activities, including mutual aid
activities, and mock or practice drills, shall be deemed conclusively to be
for the direct protection and benefit of the inhabitants and property of the
county. (Ord. 99-03, 1999; Ord. dated 5/16/75 § I, 1975; Vol. M, p. 48 § 1,
1959).
The preparation for and the
carrying out of all emergency functions, other than functions for which
military forces are primarily responsible, to prevent, minimize, and repair
injury and damage resulting from disasters. It shall not include, nor does
any provision of this chapter apply, to any condition relating to a labor
controversy.
Disaster
Actual or threatened enemy attack,
sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or
other similar public calamity.
(Ord. 99-03, 1999; Ord. dated 5/16/75 § II,
1975; Vol. M, p. 48 § 2, 1959).
2.48.030 Emergency management council.
The county emergency management council is created and shall consist of the
following:
The board of county commissioners. The chairman of the board
will act as chairman of the emergency management council;
The director
of the department of emergency management, who shall be vice chairman. (Ord.
99-03, 1999; Ord. dated 5/16/75 § III, 1975; Res. 72-11, 1972; Vol. M, p. 48
§ 3, 1959).
2.48.040 Emergency management council - Powers, duties.
It shall be the duty of the county emergency management council, and it is empowered,
to review and recommend for adoption emergency services and mutual aid plans
and agreements and such resolutions and rules and regulations as are
necessary to implement such plans and agreements. The emergency management
council shall meet upon call of the chairman or in his absence from the
county or inability to call such meeting, upon the call of the vice
chairman. (Ord. 99-03, 1999; Ord. dated 5/16/75 § IV, 1975; Res. 72-11,
1972; Vol. M, p. 49 § 4, 1959).
2.48.050 Director of emergency management - Created, duties.
There is created the office of director of emergency
management. Such officer shall be appointed by the board of county
commissioners. The director is empowered and directed:
To prepare an
emergency management plan for the county conforming to the state emergency
management plan and program;
To control and direct the effort of the
emergency management organization of this county for the accomplishment of
the purposes of this chapter;
To direct coordination and cooperation
between divisions, services and staff of the emergency management
organization of this county, and to resolve questions of authority and
responsibility that may arise between them;
To represent the emergency
management organization of this county in all dealings with public or
private agencies pertaining to emergency management and disaster. (Ord.
99-03, 1999; Ord. dated 5/16/75 § V, 1975: Res. 72-11, 1972; Vol. M, p. 49 §
5, 1959).
2.48.060 Director of emergency management - Powers during disaster.
In the event of disaster as provided in this chapter, the director
is empowered, with the concurrence of the chairman of the county emergency
management council:
To make and issue rules and regulations on matters
as affected by such disaster; provided, however, such rules and regulations
must be confirmed at the earliest practicable time by the emergency
management council;
To obtain vital supplies, equipment and such other
properties found lacking and needed for the protection of the life and
property of the people, and bind the county for the fair value thereof, and
if required immediately, to commandeer the same for public use;
To
require emergency services of any county officer or employee, and in the
event of a proclamation by the Governor of the existence of a disaster, to
command the aid of as many citizens of this community as he considers
necessary in the execution of his duties; such
persons shall be entitled to all privileges, benefits and immunities as are
provided by state law for registered emergency management workers;
To
execute all of the special powers conferred upon him by this chapter or by
resolution adopted pursuant thereto, all powers conferred upon him by
statute, agreement approved by the emergency management council, or by any
other lawful authority;
To requisition necessary personnel or material
of any county department or agency. (Ord. 99-03, 1999; Ord. dated 5/16/75 §
VI, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 6, 1959).
2.48.070 Emergency management organization - Membership.
All county and city officers and
employees of this county, together with those volunteer forces enrolled to
aid them during a disaster, and all groups, organizations and persons who
may by agreement or operation of law, including persons pressed into service
under the provisions of KCC 2.48.060(3), charged with duties incident to the
protection of life and property in this county during disaster, shall
constitute the emergency management organization of the county. (Ord. 99-03,
1999; Ord. dated 5/16/75 § VII, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 7,
1959).
2.48.080 Emergency management organization - Divisions - Services - Staff.
The functions and duties of the county emergency management
organization shall be distributed among such divisions, services and special
staff as the emergency management council prescribes. The emergency
management council shall concurrently with the adoption of the ordinance
codified herein, prescribe the form or organization, establishment and
designation of divisions and services, the assignment of functions, duties
and powers, the designation of officers and employees. Insofar as possible,
the form of the federal government and the Department of Emergency
Management of the state shall conform in organization, titles and
terminology. (Ord. 99- 03, 1999; Ord. dated 5/16/75 § VIII, 1975; Res.
72-11, 1972; Vol. M, p. 50 § 8, 1959).
2.48.090 Violation - Penalty.
It is a misdemeanor, punishable by a fine of not to exceed $250.00, or by
imprisonment for not to exceed three months, for any person during a
disaster:
To willfully obstruct, hinder or delay any member of the
emergency management organization in the enforcement of any lawful rules or
regulations issued pursuant to this chapter, or in the performance of any
duty imposed upon him by virtue of this chapter;
To do any act forbidden
by any lawful rules or regulations issued pursuant to this chapter, if such
act is of such a nature as to give, or be likely to give assistance to the
enemy, or to imperil the lives or property of inhabitants of this county, or
to prevent, hinder or delay the defense or protection thereof;
To wear,
carry or display, without authority, any means of identification specified
by the Department of Emergency Management of the state. (Ord. 99-03, 1999;
Ord. dated 5/16/75 § IX, 1975; Res. 72-11, 1972; Vol. M, p. 50 § 9, 1959).
Sections 2.50.010 Establishment. 2.50.020 Direction - Composition. 2.50.030 Director - Qualifications and duties. 2.50.032 County Road Engineer - Qualifications and duties. 2.50.035 Director - Road usage permit issuance. 2.50.040 Repealed. 2.50.050 Copy forwarding.
2.50.010 Establishment.
A department of public works is established to be organized as set forth in
this chapter. (Ord. 99-03, 1999; RD-58-79, 1979)
2.50.020 Direction - Composition.
The department will function under the direction of a director of public
works, reporting directly to the board of county commissioners. The department
will be composed of an engineering division, a roads division, an equipment
division, an accounting division, an airport division, a parks division and a
flood control division, subject to reorganization as needs and conditions
warrant. (Ord. 99-03, 1999; RD-58-79, 1979)
The director of public works shall meet such qualifications as may
be established by the board and shall serve at the pleasure of the
board.
The director of public works shall perform all the duties and
functions as may be assigned by the board of county commissioners
related to the operation and direction of the operations of the public
works department, except for those functions specified under state law
as being duties or functions of the county road engineer.
The director of public works may perform the functions of the county
road engineer only if the director meets the qualification criteria for
county road engineer under state law and this chapter. (Ord. 2006-44,
2006; Ord. 99-03, 1999; RD-58-79, 1979)
2.50.032
County Road Engineer - Qualifications and duties.
The county road engineer shall be a registered and licensed
professional civil engineer under the laws of the state, duly qualified
and experienced in highway and road engineering and construction. The
county road engineer shall serve at the pleasure of the board.
The county road engineer shall perform all the duties and functions
of the county road engineer as set forth by state law (including, but
not limited to,
RCW 36.80) and such other functions as may be assigned
by the board of county commissioners. (Ord. 2006-44, 2006)
2.50.035 Director - Road usage permit issuance.
The director of public works is delegated the authority to issue the various
road usage permits. Said permits shall be issued under policies as
established by the board of county commissioners. (Ord. 99-03, 1999; Res.
RD- 60-79, 1979).
2.50.050 Copy forwarding.
A copy of the ordinance codified in this chapter shall be forwarded to the county road
administration board, as required by WAC 136-50-070. (Ord. 2006-44, 2006; Ord. 2000-02; Ord.
99-03, 1999; RD-58-79, 1979).
* For the statutory provisions regarding mutual aid agreements, see
RCW
38.52.090.
2.52.010 Covenant agreement.
In consideration of mutual
covenants, the county and the municipalities of Kittitas, Cle Elum, Roslyn,
South Cle Elum, and Ellensburg agree as follows:
Each party will furnish
the county office of emergency management an inventory of its facilities,
equipment, and manpower available for use in emergency management in
accordance with specific inventory listing;
Whenever any party to this
agreement suffers a disaster which requires additional aid beyond that which
said party is able to provide for itself, each other party to this
agreement, at the request of the stricken party through the county office of
emergency management, agrees to loan to such stricken party the maximum
amount of equipment, facilities, and manpower that it can reasonably spare
at that time;
The lending party shall be responsible for the delivery of
such equipment, facilities, and manpower to the stricken area;
Any and
all equipment so loaned shall be delivered to locations designated by the
county office of emergency management and upon arrival at said location all
equipment and manpower loaned shall be under the control and jurisdiction of
the receiving party and shall be used and controlled under the provisions of
Chapter
38.52 RCW;
All equipment, facilities, and manpower so loaned
shall be returned upon demand of the lending party or when released by the
receiving party;
The receiving party assumes responsibility of payment
for services and is further responsible for providing food and shelter for
personnel and supplies for equipment. The receiving party also assumes
responsibility of payment for loss of equipment or for repairs to damaged
equipment if such loss or damage be incurred in their behalf. The foregoing
is in conformity with Chapter
38.52 RCW;
Whenever any party to this
agreement loans equipment, facilities, or manpower as provided herein, such
lending party may request implementation of a "moveup" plan whereby other
political subdivisions which are parties to this agreement will move a
portion of their corresponding manpower or equipment into the depleted area
so as to provide a measure of protection to that area;
Each party to
this agreement will provide upon request from any other party through the
county office of emergency management all possible facilities for receiving
and caring for evacuees and disabled persons, and all persons so evacuated
upon arrival at the receiving area shall be under the control of the party
giving aid;
Any party to this agreement may withdraw from the same at
any time by giving 30 days' written notice to all other parties to this
agreement. (Ord. 99-03, 1999; Vol. N, pp. 267, 268, 1966).
Sections 2.55.010 Authority and Purpose. 2.55.020 Agency Description - Contact Information - Public Records Officer. 2.55.030 Availability of Public Records. 2.55.040 Making a Request for Public Records. 2.55.050 Processing of Public Records Requests - General. 2.55.060 Exemptions. 2.55.070 Costs of Providing Copies of Public Records. 2.55.080 Review of Denial of Public Records. 2.55.090 Disclaimer of Liability. 2.55.100 Severability.
Chapter 42.56 RCW, the Public Records Act ("act"), requires Kittitas County to make
available for inspection and copying nonexempt "public records" in accordance with
published rules. The act defines "public records" as any writing containing
information relating to the conduct of government or the performance of any
governmental or proprietary function prepared, owned, used, or retained by
Kittitas County.
The purpose of the act is to:
provide the public full access to identifiable records concerning the conduct
of government, yet remaining mindful of individuals' privacy rights;
protect public records from damage or disorganization;
attempt to prevent excessive interference with essential governmental
functions.
The purpose of these rules is to establish procedures and inform the public
as to how Kittitas County ("County") will give assistance in providing full
access to public records. These rules incorporate best practices for compliance
with the act and are based upon the Model Rules of the Washington State Attorney
General.
All County departments, divisions, bureaus, boards, committees, commissions
and
officers will follow these procedures. (Ord. 2010-01, 2010).
2.55.020 Agency Description - Contact Information - Public Records Officer.
As a political subdivision of the State of Washington, the County is an
agency subject to the act. The County offices, departments, bureaus, boards,
committees, commissions, elected officials, and other agencies of the County
are also agencies subject to the act. For the purpose of these rules, the
term "County" includes any applicable County agency. The term "County agency" refers
to and includes all County Offices and Departments. Any person seeking access to
public records or assistance with making a public records request of the County,
shall contact the public records officer of the applicable County agency. For
example, when seeking records from the Kittitas County Assessor's Office, the
requestor would contact the public records officer or the officer's designee at
the Assessor's office. Court files and other records at the judiciary may not be
subject to the Public Records Act or to this Ordinance, at least to the extent
set forth in Nast v. Michels, 107 Wn.2d 300 (1986) and Spokane & Eastern Lawyer
v. Tompkins, 136 Wn.App. 616 (2007), and disclosure of such records may be
subject to the common law and to applicable court rules and orders. Therefore,
these rules do not address access to court records.
The applicable public records officer or designee will oversee compliance
with the act and facilitate identification of records which are available for
disclosure. The term "designee" is included in the term "public records officer"
and herein incorporated by reference for the purpose of these rules. (Ord. 2010-01, 2010).
Records available on County Website. Many records are
available on the Kittitas County website. Requesters are encouraged to view
any documents available on the website before submitting a records request.
Hours for Inspection of Records. Public records are available for inspection
and copying during the County's normal business hours and may be viewed at the
County agency holding such records.
Records Index.
General County Records Index. No general County records index exists. The
Kittitas County Board of County Commissioners finds that maintaining a general
index is unduly burdensome and would interfere with agency operations for the
County and its agencies. Kittitas County employees generate hundreds of records
on a daily basis that include final opinions and orders made in the adjudication
of cases, statements of policy, interpretations of policy, administrative
manuals, instructions to staff that affect members of the public, planning
policies and goals, interim and final planning decisions, factual staff reports
and studies, factual consultant's reports and studies, scientific reports and
studies, factual information derived from tests, studies, reports, or surveys,
and correspondence and materials referred to therein relating to regulatory,
supervisory, or enforcement responsibilities. Virtually every County agency
would be required to devote at least one full-time employee exclusively to the
task of collecting, reading, categorizing, indexing, and maintaining a current
index of such records. In addition, the time required by other employees to
ensure that records are forwarded to the designated employees for indexing and
communicating with the designated employee regarding the purposes of the records
would be substantial. Due to the lack of available resources to devote to such
an endeavor, creating an index would be unduly burdensome and would unduly
interfere with agency operations.
County Agencies Records Index. Any indexes County agencies have created for
departmental use must be provided.
Protection of Records. The County will take reasonable steps to protect
records from damage and disorganization. A requester shall not take original
records from County offices.
Backup and security copies.
In order to prevent excessive interference with essential functions of the
County, the County shall not search backup or security systems for copies of
public records when the originals of such records have been identified, located
and are available for inspection and/or copying.
Access to public records does not include access to County computer
systems or terminals except for those terminals, if any, which may be
specifically designated for public use. (Ord. 2010-01, 2010).
Persons wishing to inspect or obtain copies of public records of any
County agency shall make the request in writing using the County's standard request
form and deliver it by U.S. mail, fax, email, or in person. The requester can
also fill one out at the applicable County agency. The form shall be made
available at each County agency and on-line at the County's website. The request
should be addressed to the public records officer of the applicable County
agency. The public records officer will document any requests received verbally.
Any verbal requester will receive a copy of this County policy along with the
responsive documents to the request. All requests should include the following
information:
legal name of requester;
mailing address of requester;
other contact information, including telephone number, fax number, and any
e-mail address;
reasonable description of the public records adequate to locate the records;
date and time of day of the request; and
signature of the requester.
Persons seeking public records for inspection and copying from a County
agency may seek assistance from the public records officer of the applicable
department.
If the requester wishes the County to make copies of the records instead of
simply providing for inspection, the requester shall so indicate and shall make
arrangements to pay for the copies. The requester shall pay a deposit of 10
percent of the copy cost estimated by the public records officer for large
requests. Fees are set pursuant to KCC 2.55.070.
Persons seeking public records that include a list of individuals must sign a
declaration under penalty of perjury certifying that the records will not be
used for any commercial purpose (profit-expecting activity) prohibited by
RCW
42.56.070(9) unless otherwise specifically authorized by other law. If the
requester does not sign the declaration, the County will not provide the list.
Persons requesting public records prohibited from disclosure by other
laws under particular circumstances must sign a declaration under penalty of
perjury certifying facts sufficient to convince the public records officer
that legal requirements for disclosure have been met. (Ord. 2010-01, 2010).
2.55.050 Processing of Public Records Requests - General.
Acknowledging Receipt of Request. Within five (5)
business days of receiving a
request, the public records officer will do one or more of the following:
Make the records available for inspection or copying;
Provide in writing and mailed, emailed, or delivered to the requester, a
reasonable estimate of time when records will be available;
Ask for a clarification from the requester if a request is unclear or does
not sufficiently identify the records. Such clarification may be sought and
provided by telephone, but it is desirable to confirm such clarifications in
writing. The public records officer may revise the estimate of when records will
be available based on this clarification;
Deny the request, in whole or in part, with a written explanation as to why
the request was denied.
Failure to Respond. The County intends to comply and honor all public
disclosure requests to the greatest extent possible. If the County has failed to
respond to a request for public disclosure, agencies would like citizens to let
the designated public records officer know so the County can have the
opportunity to provide the information that is wanted.
Protecting Rights of Others. In the event that the requested records contain
information that may affect the rights of others and may be exempt from
disclosure, the public records officer may, prior to providing the records, give
notice to those third parties. Such notice should be given to make it possible
for those affected persons to either:
contact the requester and ask him or her to revise the request; or
seek an order from a court to prevent or limit the disclosure.
The notice to the affected persons will include a copy of the request.
Records Exempt from Disclosure. Some records are exempt or prohibited from
disclosure by law, either in whole or in part. If the County believes that a
record is exempt from disclosure and should be withheld, the public records
officer will state the specific exemption for withholding the record or the
portion of the record. If only a portion of a record is exempt from disclosure
but the remainder is not, the public records officer will redact the exempt
portions, provide the nonexempt portions, and indicate to the requester why
portions of the record are being redacted.
Inspection of Records.
Consistent with other demands, the County shall promptly provide space to
inspect public records.
The County agency will notify the requester that he or she should contact the
agency to make arrangements to claim or review the records. If the requester
fails to:
claim or review the records within a 30-day period; or
make other arrangements satisfactory to the County, the County may close
the request and re-file the assembled records.
Providing Copies of Records. After inspection is complete, the public records
officer
will provide the requested copies or arrange for copying upon a deposit of at
least 10 percent of the estimated copy cost.
Providing Records in Installments. If a request is for a large number of
records, the public records officer may inform the requester that the records
will be provided for inspection and copying in installments. Copy charges of the
preceding installment will be paid completely before the next installment is
produced. If, within 30 days of availability to the requestor, the requester
fails to:
inspect the entire set of records or one or more installments; or
pay the balance of the copying cost of any installment,
the public records officer may discontinue any remaining search and close the
request. The requester will be notified that due to the failure to respond to
the readied documents responsive to the request, the public disclosure request
will be closed and the requester may submit a new request if desired.
Closing Withdrawn or Abandoned Request. When the requester either:
withdraws the request; or
fails to inspect the records; or
fails to pay the required deposit or final payment,
the public records officer will close the request and so inform the requester.
Subsequently, the County will not provide any copies to the requester until the
requester has paid any unpaid bill for previously requested copies.
Later Discovered Documents. After the County has provided all available
records, if the County becomes aware of additional responsive documents that
existed at the time of the request, it will promptly inform the requester of the
additional documents and provide them on a reasonable basis. The County is not
obligated by law to provide records that were created after the request nor will
the County accept or treat a request as an on-going disclosure obligation beyond
the date of request.
Protection of Records and Essential Governmental Functions.
Public records shall be made available without disrupting essential functions
of the
agencies. Any County employee who believes responding to a public records
request
will excessively interfere with other essential agency functions shall consult
with his
or her supervisor.
An agency may follow a reasonable schedule regarding retrieval of a record
from an
off-premises storage site so that no more than one trip per week to the remote
site is required.
With regard to copying, prearrangement is recommended so that it can be
accommodated within other requirements of the work schedule. The precise time
must remain flexible and will depend upon the work schedule for that day.
With regard to video or audio recordings, the requester must make prior
arrangements for review. A staff member will be assigned to operate the County
recording equipment necessary to either listen to or rerecord the original
recording tape to protect originals. The public records officer may limit the
maximum time allowed during any working day for supervised review to avoid
excessive interference with the agency's other essential functions.
Review of other original records shall be done only in the immediate presence
of and under the supervision of a County employee responsible for protecting the
originals against damage, alteration, or disorganization by the requester. The
public records officer may limit the maximum time allowed during any working day
for supervised review to avoid excessive interference with the agency's other
essential functions. When the time needed for this purpose exceeds two
hours, time periods on a future day or days may be assigned. (Ord. 2010-01, 2010).
The act provides exemptions for certain types of documents from public
inspection and copying. In addition, documents are exempt from disclosure if
any other Washington statute exempts or prohibits disclosure. Exemptions
outside the act that restrict the availability of some documents held by the
County for inspection and copying include, but are not limited to, those set
forth for in the most recent list posted on the web site of the Municipal
Research Service Center,
http://www.mrsc.org/Publications/pra09.pdf, Appendix C,
and which is incorporated herein by reference. The list is available for
inspection and copying from the applicable public records officer.
The County is prohibited by statute from disclosing lists of individuals for
commercial purposes.
If the public records request falls within one of the exceptions to the law
requiring disclosure, a formal written request for the record must be made. The
formal written request helps the County make sure that its decision to disclose
or withhold a public record is made properly and that the requester obtains the
appropriate public records.
Some of the records of the County are protected by the attorney-client
privilege and/or the attorney work product doctrine. The Prosecuting Attorney,
in the course of representing County elected officials or agencies may, at
times, possess materials or copies of materials from such agencies that are
exempt from disclosure.
Pursuant to RCW 42.56, when the County makes available or publishes any
public record, it reserves the right to delete identifying details when
there is reason to believe that disclosure of such details would be an
invasion of personal privacy protected by law. The public records officer
will explain such deletion in writing. (Ord. 2010-01, 2010).
2.55.070 Costs of Providing Copies of Public Records.
No fee will be charged for the inspection of a public record.
No fee will be charged for searching for public records, redacting portions
of the record which are exempt from disclosure, or preparing an index of exempt
documents.
If a request is sent to a private copy shop for copying, the fee shall be the
actual charge imposed for copying, plus applicable taxes and shipping costs.
Payment shall be made by exact cash or by check/money order payable to
"Kittitas County." The public records officer may require that all charges be
paid in advance of the release of the copies.
The public records officer may waive the fee for pages fewer than what is the
applicable County agency's minimum page limit where the request was submitted.
The fee for providing copies of certain public records may be set by state
statute or County ordinance. For example, state law sets the fee for death
certificates (RCW 70.58.107); court papers (RCW 3.62.060) (Chapter 36.18 RCW and
CR 17(4)); duplication of electronic tapes of a court proceeding (RCW 3.62.060);
traffic accident reports (RCW 46.52.085); criminal history information (RCW
10.97.100); and various fees of County Officers (RCW 36.18). Kittitas County
Code sets fees for recording certain documents with the Auditor's Office (KCC
2.56). Where County code, state or federal law sets a fee for providing a copy
of a record, that fee will be charged.
At the option of the public records officer, electronic records may be
printed out prior to copying and delivery. If the electronic record is large and
not capable of being printed out, then the document may be provided
electronically in the format in which the record is maintained by the County or
in Adobe PDF format. There is no obligation of the County to convert an
electronic record to a different format.
Fee Schedule. Unless a fee is fixed by another federal, state or county
ordinance, the following fee schedule is applicable:
8-1/2 by 14 or smaller B/W copies: $0.15 per page
8-1/2 by 14 or smaller B/W computer printouts $0.15 per page
Oversized or color copies/computer printouts $1.00 per page
Color maps $5.00 per square foot
All items sent to private copy shop: Actual charge plus postage and delivery
Tapes or compact disc $1.00 for each tape or compact disc plus the time for
copying
the information
DVD $1.50 for each DVD plus the time for copying the information
Postage is actual charge for mailing copies of requested records
Fax (8-1/2 by 11 only) $1.00 per page
Envelopes $1.00 each
Electronic records sent by e-mail No charge*
* except, a scanning fee of $0.10 per page may be charged when the
requested documents are not already available in electronic format
Costs for Electronic Records. The cost of electronic copies of records shall
be the
amount per hour for copying information on a CD-ROM or other media, plus the
listed
cost for each CD-ROM or other media. In addition, there shall be a $.10 per page
conversion charge to convert documents into a PDF.
Costs of Mailing. The County will also charge actual mailing costs,
including the cost of the shipping container or envelope if the requester
requests mailing.
Waiver of Payment. The County may waive the cost of copying and mailing.
Outside Contracts for Copying. The applicable agency may arrange for copying
by
County contractors charged with preserving and protecting public records,
instead of
copying requested records using County services. In such event, the cost of
copying
shall be the contract charges, and such charges shall be paid by the requester
directly
to the County. The requester must pay the copy estimate first before copying
will take place. If the requester made a deposit in advance of copying, any
unapplied portion of the deposit will be refunded to the requester, provided
that the contract charges are paid.
Repetitive Contracts. The Kittitas County Board of
County Commissioners may enter into contractual agreements with persons who
intend to request access to public records available for disclosure to them
on a continuous or regularly recurring basis. The terms of any contract
executed in accordance with this Section will supersede and control over any
otherwise applicable provisions of this Chapter, but shall not supersede or
conflict with applicable state law. (Ord. 2010-01, 2010).
Petition for Internal Administrative Review of Denial of Access.
Any person who objects to the initial denial or partial denial of a records
request may petition in writing to the Prosecuting Attorney's Office for a
review of the decision. When applicable, the petition should include a copy
of or reasonably identify the written statement by the public records
officer denying the request.
Consideration of Petition of Review. The public records officer shall
promptly provide any relevant information to the Prosecuting Attorney's Office
to review the decision. The Prosecuting Attorney's Office shall either affirm or
reverse the denial within five business days following the receipt of the
petition, or within such other time as is mutually agreeable to the County and
the requester. The requester shall waive the accruement of
RCW 42.56.550 damages
during this review period.
Judicial Review. Any person may obtain judicial review
of a public records request denial pursuant to
RCW
42.56.550 at the conclusion of the five business days following the
initial denial regardless of any internal administrative appeal. (Ord. 2010-01, 2010).
2.55.090 Disclaimer of Liability. Neither the County nor any officer, employee, official or custodian shall be
liable, nor shall a cause of action exist, for any loss or damage based upon a
release of Public Records if the person releasing the records acted in good
faith in attempting to comply with this policy.
This policy is not intended to expand or restrict the rights of disclosure or
privacy as they exist under state and federal law. Despite the use of any
mandatory terms such as "shall," nothing in this policy is intended to impose
mandatory duties on the County beyond those imposed by state and federal law (Ord. 2010-01, 2010).
2.55.100 Severability. If any provision of this Chapter or its application to any person or
circumstances is held invalid, the remainder of the Chapter or the application
of the Chapter to other persons or circumstances shall not be affected. (Ord. 2010-01, 2010).
Chapter 2.56
PUBLIC RECORDS - DUPLICATION AND FILING FEES
Sections 2.56.010 Implementation of Survey Recording Act. 2.56.020 Record of survey - Size, recording material and filing fees. 2.56.030 Record of survey - Cost for copies. 2.56.040 Record of monument - Filing fee - Form. 2.56.050 Record of monument - Cost for copies.
2.56.010 Implementation of Survey Recording Act.
The Survey Recording Act is further
implemented by the fixing of the following fees for recording a public
record as prescribed by the act as set out in this chapter. (Ord. 99-03,
1999; Res. 73-33, 1973).
2.56.020 Record of survey - Size, recording material and filing fees.
The size of the record of land surveys shall be 18
inches by 24 inches; the survey shall be recorded on mylar; and the fee
schedule for filing shall be as follows:
2.56.030 Record of survey - Cost for copies.
Copies of the record of survey shall be provided on request
according to the following fee schedule:
Basic fee, first page
$5.00
Each additional page
$3.00
(Ord. 99-03, 1999; Res. 73-33, 1973).
2.56.040 Record of monument - Filing fee - Form.
The record of monument shall be filed without charge on
the standard form prescribed by the Department of Natural Resources, Bureau
of Surveys and Maps. (Ord. 99-03, 1999; Res. 73-33, 1973).
2.56.050 Record of monument - Cost for copies.
Copies of the record of monument shall be
provided on request according to the following fee schedule:
Chapter 2.68
DEPARTMENT OF BUILDING INSPECTOR AND FIRE MARSHAL
Sections 2.68.010 Created - Supervision. 2.68.020 Powers and duties generally.
2.68.010 Created - Supervision.
In accordance with and by the
authority of Chapter
19.27 RCW, Kittitas County herewith creates the
department of building inspector and fire marshal. (Ord. 99-03, 1999; Res.
77- 116, 1977).
2.68.020 Powers and duties generally.
Effective January 1, 1978, the building department and fire
marshal shall be charged with the
responsibility of enforcing the provisions of Chapters
19.27 and
36.43 RCW,
and generally enforcing the building codes and fire codes and carrying out
such other duties as may be assigned to the department by the board of
county commissioners. (Ord. 99-03, 1999; Res. 77-116, 1977).
Chapter 2.72
HANDLING OF CLAIMS AGAINST THE COUNTY
All claims shall be filed with Kittitas County on the form
provided by the county (additional documents relating to the claim may be
attached to the claim form).
The claim form (and any attachments
thereto) shall be filed with the Kittitas County auditor's office who will
forward such claim to the Kittitas County prosecuting attorney's office.
The Kittitas County prosecuting attorney's office shall cause all pertinent
internal documents (i.e., accident reports, investigation reports) to be
assembled and attached to the claim. (Ord. 99-03, 1999; Res. 83-17 §§ 1 - 3,
1983).
The Kittitas County prosecuting
attorney's office shall upon review of the available information make such
additional investigation and report before forwarding the claim,
recommendation, and other documentation to the board of county commissioners
for its review and decision.
The board of county commissioners upon
review of the claim and other documentation shall:
Direct that a copy of the claim and documentation be forwarded
to the county's insurance carrier with a recommendation to
Pay the claim; or
Not pay the claim; or
Reject the claim for lack of sufficient and adequate information or
substantiation and report rejection to the insurance carrier; or
Reject
the claim outright for such reasons as are appropriate to the claim. (Ord.
99-03, 1999; Res. 83-17 §§ 4, 5, 1983).
2.72.030 Recordkeeping.
The Kittitas County auditor and prosecuting attorney shall maintain a record of each
claim filed against Kittitas County and the status of each claim as it
progresses through the procedural system. (Ord. 2000-02; Ord. 99-03, 1999;
Res. 83-17 § 6, 1983).
Vehicle accidents involving county-owned vehicles shall be reported at
once to the employee's immediate supervisor, employee's department head, and
the Kittitas County prosecuting attorney's office.
All accidents
involving county-owned vehicles will, when feasible, be investigated by the
appropriate law enforcement agency, the employee's department and the
Kittitas County prosecuting attorney's office.
For accidents involving
county-owned vehicles, the accident report form (provided for each vehicle)
will be completed at the accident site. The accident report along with a
written report prepared by the driver of the vehicle involved in the
accident shall be submitted to the employee's department head and the
Kittitas County prosecuting attorney's office within 24 hours of the
accident. (Ord. 2000-02; Ord. 99-03, 1999; Res. 83-17 § 7 - 9, 1983).
2.77.010 Policy adopted.
The board of county commissioners adopts
the following safety and health policy for Kittitas County:
Definitions.
"Smoke" or "smoking" means the carrying or smoking of any kind of
lighted pipe, cigar, cigarette, or other kind of lighted smoking equipment.
"Public place" means any portion of the Kittitas County Courthouse or
county buildings not excepted herein.
"Kittitas County Courthouse"
includes any and all rooms and places in any and all buildings constructed
on the square block in Ellensburg bounded by 6th Street to the north, 5th
Street to the south, Main Street to the east and Water Street to the west.
The "courthouse" includes all rooms including lavatories, the sheriff's
offices, and the Kittitas County Corrections Center.
"County buildings" includes any and all buildings owned or leased by
Kittitas County except for the following:
The Central Washington Comprehensive Mental Health
building located at 220 W. 4th Avenue;
The Elmview Group Home at 220 E.
Helena;
Any county-owned building at Elmview Industries at 804 Elmview
Road; and,
All buildings for which Kittitas County is the
lessor at Kittitas County Airport, Bowers Field.
Smoking Prohibited. Smoking is
hereby prohibited in all public places.
No Smoking Signs. No smoking
signs shall be placed in the hallways, restrooms and in each administrative
office of the courthouse and in every county building not excepted herein.
Penalties. Any person
intentionally violating this chapter by smoking in a public place or any
person removing, defacing or destroying a "No Smoking" sign is subject to a
civil fine of up to $100.00.
Enforcement. Local law enforcement agencies
and the Kittitas County health department may enforce this chapter in the
manner set out in
RCW 70.160.070(1).
Disposition of Money Collected. Any
penalty assessed and recovered under this chapter shall be paid to the
district courts clerk(s) of Kittitas County and shall be transferred
periodically to the general expense revenue fund. (Ord. 99-03, 1999; Ord.
89-2, 1989).
Chapter 2.80
HANDICAPPED HIRING, ACCESS AND GRIEVANCES
(Repealed by Ord. 99-03)
Chapter 2.81
MANAGEMENT OF COUNTY REAL AND PERSONAL PROPERTY
Sections 2.81.010 General Provisions. 2.81.020 Statutory Powers and Exemptions from State Law. 2.81.030 Definitions. 2.81.040 Property Acquisition Procedures. 2.81.050 Disposition of Property. 2.81.060 General Disposition of Property by Sale or Lease. 2.81.070 Real Property Leases - Length of Term and Other Conditions. 2.81.080 Destruction and Disposition of Recovered, Forfeited and Surplus Firearms. 2.81.090 Exempted Transactions Designated.
2.81.010 General Provisions.
Pursuant to public notice and hearing, and in accordance with
RCW 36.34.005,
Kittitas County establishes comprehensive procedures for the management of
county real and personal property. This chapter shall be construed in accordance
with, and all county property management activities shall be guided by, the
following declaration of policy and purpose: (1) To provide efficient management
and protection for all county controlled property; (2) To insure the maximum
return of all sales, rentals or leases of county controlled property, except as
otherwise provided herein; and (3) To dispose of all property which is not
required for county purposes. (Ord. 2009-04, 2009)
2.81.020 Statutory Powers and Exemptions from State Law.
Except to the extent otherwise provided for herein, this chapter supersedes the provisions of
Chapter 36.34 RCW; PROVIDED, however, that the county shall retain all powers now or hereinafter granted by
Chapter 36.34 RCW. (Ord. 2009-04, 2009)
"Board" means the Board of County Commissioners of Kittitas County.
"County" means Kittitas County, State of Washington.
"Worthless property" means that county property whose value at its site is less than its probable fair market value, less the cost of transporting it to the most advantageous place of disposal, as determined by the Board of Kittitas County Commissioners or the appropriate Department Head. (Ord. 2009-04, 2009)
Personal Property - Acquisition. Personal property may be acquired by purchase or lease in accordance with the provisions of
RCW 36.32.240 through
36.32.270,
Chapter 36.82 RCW, and other applicable laws and ordinances.
Real Property - Acquisition and Lease.
All property acquired for county purposes shall be acquired in accordance with the provisions of the "Relocation Assistance Real Property Acquisition Policy,"
Chapter 8.26 RCW; and the "Uniform Relocation Assistance and Land Acquisition Policies Act of 1970," Public Law 91-646, enacted January 2, 1971, 91st Congress.
County purchases and lease of real property shall be subject to investigation and approval by the Board of Kittitas County Commissioners, in compliance with state, federal and local law. (Ord. 2009-04, 2009)
Whenever it is in best interests of the county and its people that any part or parcel of property, whether real, personal or mixed, belonging to the county, including tax title land, should be sold or leased, the county shall sell or lease such property under the limitations and restrictions and in the manner provided in this chapter.
In making such disposition, the county may sell any timber, mineral or other resources on any land owned by the county separate and apart from the land in the same manner and upon the same terms and conditions as provided in this chapter for the sale of real property. However, any such timber, mineral or other resources may be sold as personal property, in the manner provided by this chapter.
Whenever any county real or personal property is to be brought for consideration as surplus to the needs of the county, possible uses to be considered shall include:
Potential uses by other county offices and departments;
Exchange or trade-in for publicly or privately owned property needed by the county;
Sale or lease to other governmental agencies;
Public purpose sale or lease;
Lease to nongovernmental parties;
Retention by the county if a parcel is within an environmentally sensitive area, a floodplain, a slide hazard property or another area whose public ownership is in the public interest;
Sale at public auction.
If the board concludes that the property is surplus to the foreseeable needs of the county, the board may authorize the sale or other disposition of such property as provided by this chapter. (Ord. 2009-04, 2009)
2.81.060 General Disposition of Property by Sale or Lease.
Unless otherwise exempt as provided in this chapter, property that has been declared surplus to the county's needs shall be sold at auction or by sealed bid in accord with notice and process as provided in
Chapter 36.34 RCW.
All sales or leases of county property shall be made to the highest responsible bidder at public sale, except where different provisions are made in this chapter.
In sales for cash, the highest bidder shall be deemed responsible. In determining the highest responsible bidder for other sales and for leases, the board may consider the price and terms bid, the character, integrity, reputation and financial responsibility of the bidder, and previous experience, if any, of the county with the bidder.
All leases of real property and all sales of real property shall be subject to board approval.
Sales on Other Than Cash Basis. If real property is offered for sale on other than a cash basis, the terms must be stated in the notice. (Ord. 2009-04, 2009)
2.81.070 Real Property Leases
- Length of Term and Other Conditions.
The county may lease real property for a term of years and upon such terms and conditions as may be deemed in the best interests of the public and the county. No lease shall be for a longer term in any one instance than ten (10) years; PROVIDED, that when the board determines it to be in the best public interest, real property necessary to the support or expansion of an adjacent facility may be leased to the lessee of the adjacent facility for a term to expire simultaneously with the term of the lease of the adjacent facility, but not to exceed thirty-five (35) years; PROVIDED FURTHER, that when the board determines it to be in the best public interest, where the property to be leased is improved or is to be improved, and the value of the improvement is or will be at least equal to the value of the property to be leased, the county may lease such property for a term not to exceed thirty-five (35) years; PROVIDED FURTHER, that where the property to be leased is to be used for major airport, purposes, requiring extensive improvements, the county may lease such property for a term equal to the estimated useful life of the improvements, but not to exceed seventy-five (75) years. (Ord. 2009-04, 2009)
2.81.080 Destruction and Disposition of Recovered, Forfeited and Surplus Firearms.
Definitions. As used in this section:
"Antique firearms" means those firearms as defined by
RCW 9.41.010 and a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
"Firearms of potential value," for purposes of this section only, means any rifle, shotgun or handgun:
Accepted as a duty weapon, or any type, make, model and caliber normally used by law enforcement; and
Manufactured after 1945 which has a current version in production after 1975; and
Is reasonably expected to have a value at trade-in excess of two hundred dollars ($200) each; and
Conditioned to operate legally and safely; and
Graded as "Good" or better according to National Rifle Association grading scales; and
Is a handgun manufactured by Smith and Wesson, Colt, Ruger, Beretta, Browning, Walther, Sig/Sauer, Heckler
& Koch, Glock, Dan Wesson, Steyer and any nationally recognized brand name of custom manufactured pistols retailing in excess of five hundred dollars ($500), such as Les Baer, Wilson and the like.
"Firearms of no potential value," for purposes of this section, include the following firearms:
Any forfeited firearm used in a crime of violence, as defined in
RCW 9.41.010, regardless of actual or apparent value;
Any firearm contaminated by biohazardous material, regardless of actual or apparent value;
Any .22 caliber rifle, except that constituting an antique, curio or collector's item;
Handguns manufactured by Charter Arms, Harrington and Richardson, Rohm/RG, Rossi, Taurus, Iver Johnson, High Standard and other similar lower value weapons; handguns considered as "assault" type handguns such as the Ingram/Cobray/RPB models M-10 or M-11, Intratec Tech 9, Wilkinson "Linda" or "Diane" and other similar rapid fire semiautomatic handguns normally manufactured and intended to use magazines with capacities in excess of twenty (20) rounds; or handguns manufactured by another but sold under "house" names by department stores and/or discount stores; and/or all handguns caliber .25ACP or smaller with barrels less than four (4) inches in length, and, which are not classified as antiques or as curios, relics or collectors arms per the list maintained by the United States Treasury Department, Bureau of Alcohol, Tobacco and Firearms, do not have potential value.
"Machine Gun" means a firearm so defined in
RCW 9.41.010 and any firearm, weapon, mechanism, or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt or other separable mechanical device for storing, carrying or supplying ammunition which can be loaded into such weapon, mechanism or instrument and fired therefrom at the rate of five (5) or more shots per second.
"Retired Duty Weapon" means a surplus firearm, previously purchased, or converted to official use in accordance with
RCW 63.40.010 by Kittitas County and assigned to a particular deputy sheriff as his or her duty weapon and made available to such deputy at retirement.
"Rifles and Shotguns" means those firearms defined in
RCW 9.41.010 and any firearm with a barrel length of twelve (12) inches or longer and an overall length of twenty-six (26) inches or longer, but shall not include machine guns as defined in this section.
"Surplus firearms" means any firearm previously purchased or converted to official use in accordance with
RCW 63.40.010 by Kittitas County for use by the Kittitas County Sheriff's Department that is no longer serviceable, will be retired or will become surplus as a result of the department's upgrading to newer weapons for duty service.
Inventory, Destruction and Disposition.
Within thirty (30) days of the effective date of this section or by December 31, 2009, whichever shall last occur, the sheriff shall have prepared an inventory of every firearm (i) that has been judicially forfeited; (ii) that has been seized and may be subject to judicial forfeiture; (iii) that has been, or may be, forfeited due to a failure to make a claim under
RCW 63.32.010,
63.35.020, or
63.40.010; (iv) that is no longer needed for evidence; or (v) has been identified as a retired duty weapon. This inventory shall be updated annually and include a report on the destruction, disposal and retirement of firearms included in the inventory.
The sheriff shall destroy every firearm in the inventory, according to the plan in subsection 3 of this section as approved by the board of county commissioners, except that:
The sheriff may retain legally forfeited firearms solely for use by the sheriff's office or other law enforcement agency.
The sheriff shall sell, trade, auction or arrange for the auction of legal rifles and shotguns of potential value.
Antique firearms, curios and collector's items are exempt from destruction and shall be disposed of by sale, auction or trade to commercial sellers.
Surplus firearms and handguns of potential value may be offered for sale or as trade-in to licensed law enforcement equipment dealers for the sole purpose of acquiring new firearms and related equipment for use by commissioned deputy sheriffs. If not offered for sale or as trade-in, they shall be destroyed.
Notwithstanding any contrary provision of this chapter, retired duty weapons may be offered for retail value to particular sheriff's deputies upon their retirement. If not retired, such weapons shall be retained for use by the Kittitas County Sheriff's Department until they are otherwise classified and disposed of as surplus firearms.
All cash proceeds from sales to or by licensed firearms dealers or from retiring deputies shall be paid to the county's general fund.
Report Required. The sheriff shall submit a report to the board of county commissioners, within the time specified in subsection 2, on the inventory of firearms under subsection 2 which shall include a plan for the destruction or disposal of all firearms in the inventory. (Ord. 2009-04, 2009)
2.81.090 Exempted Transactions Designated.
The following transactions are exempted from the provisions of
Sections 2.81.060 through 2.81.070:
Worthless Property. Where personal property is determined to be worthless, such property may be disposed of by the department involved in the most cost-efficient manner. The property may be donated to the public at large in the discretion of the department involved.
Intergovernmental Transactions. The board may sell or lease county property to another governmental agency by negotiation, upon such terms as may be agreed upon and for such consideration as may be deemed adequate by the board.
Private Exchange. The board may authorize the exchange of surplus county real property for privately owned real property, subject to the provisions of this subsection; PROVIDED, that the exchange of tax title lands shall be governed by
Chapter 36.35 RCW. The value of the real property to be exchanged by the county and the value of the real property to be received by the county shall be determined by qualified independent appraiser(s), except that on-staff appraisers may be utilized where the property value does not exceed one hundred thousand dollars ($100,000). The board may approve the exchange and specify whether the difference in value, if any, shall be paid in cash at closing or be paid pursuant to an appropriate real estate contract or deed of trust.
Trade-ins.
The county may trade-in property belonging to the county when purchasing other property. If the county elects to trade-in property, it shall include in its call for bids on the property to be purchased a notice that the county has for sale or trade-in property of a specified type, description and quantity, which will be sold or traded in on the same day and hour that the bids on the property to be purchased are opened. Any bidder may include in its offer to sell an offer to accept the designated county property in trade by setting forth in the bid the amount of such allowance.
In determining the lowest and best bid, the county shall consider the net cost to the county after trade-in allowances have been deducted. The county may accept the bid of any bidder without trade-in of the county property, but may not require any such bidder to purchase the county property without awarding the bidder the purchase contract. The county shall consider offers in relation to the trade-in allowances offered to determine the next best sale and purchase combination for the county.
Emergency. In the event of an emergency, when the interest or property of the county would suffer material injury or damage by disposition in accord with the foregoing provisions, the board, upon declaring the existence of such an emergency, may authorize the sale or lease of such property upon such terms and procedures as to the board may appear to be in the public interest.
Unmarketable Parcels. A parcel of surplus real property, which in and of itself would have little utilitarian value because of its size, shape or other factors, may be offered and sold to owners of adjoining properties by private negotiation.
Limited-Use Parcels - Covenant Restrictions. Where restrictive covenants, dedication limitations, grant conditions or other legally enforceable restraints, including such restraints placed upon property by the county or one of its cities or towns therein, limit use of surplus property to a specific public purpose, such property may be conveyed by negotiation upon such terms and conditions as are consistent with such restraint and based upon an opinion of value from a member of the Institute of Real Estate Appraisers or a professional appraiser having similar ethical and professional standards.
Limited-Use Parcels - Restrictive Characteristics. Property determined to be surplus to the immediate needs of the county, but which because of its location, configuration or other characteristic is especially and uniquely suitable for a particular quasi-public use requiring special legal, financial or technical qualifications, all as determined by the board, may be sold or leased through a public request for proposal process.
Public Purpose Leases. The board may enter into rental agreements for the use of county property with bona fide nonprofit organizations wherein the organization is to make improvements or provide services to further a recognized county purpose. The agreement may be for less than fair market rental so long as the general public is not unreasonably restricted from access to the improvements or services so provided.
Short-Term Rentals. A department, upon approval of that department's lead official, may permit use of county facilities by a third party for up to seventy-two (72) hours upon such terms as may be mutually agreed upon; PROVIDED, however, that such use furthers a county purpose.
Established Rental Value. Where the fair market rental value of county real property has been established by the board, or through delegation to a county employee qualified to make such determination, to be less than One Thousand Five Hundred Dollars ($1,500) per month; or where the fair market value has been established in accord with accepted appraisal methods and standards by a member of the American Institute of Real Estate Appraisers or a professional appraiser having similar ethical and professional qualifications, to be One Thousand Five Hundred dollars ($1,500) or more per month, such property may be leased by private negotiation at no less than the value so established.
Watchman's Property. Leases that include watchman's responsibility for adjoining county-owned property may be leased by private negotiation.
Real Estate Broker Services. Notwithstanding any other provisions set forth in this chapter, if in the judgment of the board of county commissioners the sale of real property of the county would be facilitated and a greater value realized through the use of the services of licensed real estate brokers or by such other method as is determined to most likely result in the receipt of full value for such property, a contract for such services may be negotiated and concluded; PROVIDED, that a minimum sales price for such property shall be set by a member of the American Institute of Real Estate Appraisers or professional appraiser having similar ethics and professional qualifications.
Relocation Sales. The board may authorize the direct sale by private negotiation of county-owned residences to a person being relocated by a county project; provided, that the sale price for such property shall not be less than its appraised value as determined by a member of the Institute of Real Estate Appraisers or professional appraiser having similar ethical and professional standards.
Public Purpose Sales.
Regarding county personal property, the board of county commissioners may convey title to county personal property which is no longer needed for county purposes, with or without further consideration, to a bona fide nonprofit organization to be used to further a recognized county purpose.
Regarding county real property, the board of county commissioners may convey title to county real property to a bona fide nonprofit organization, with or without further consideration, to be improved and utilized in perpetuity to further a recognized county purpose, in exchange for the promise to continually operate services benefiting the public on the site, subject to the conditions set forth in this section 15; PROVIDED, the conveyance document(s) shall contain appropriate contract provisions and/or deed or deed of trust restrictions and covenants relating to timing of improvements, disposition of revenue, accessibility by the general public, nondiscrimination, compliance with laws, removal of liens, and reversion of title.
Regarding subsection 15(b) above, the deed conveying county real property to a bona fide nonprofit organization must provide for immediate reversion back to the county, along with all facilities constructed thereon, if the nonprofit organization or its nonprofit organization successor ceases to use the property for a bona fide social service nonprofit purpose -- such purpose to include but not be limited to, services for individuals with physical or mental disabilities including nonprofit community centers, close-to-home living units, employment and independent living training centers, vocational rehabilitation centers, developmental disabilities training centers, community homes for individuals with mental illness; and for social and health services for adult and juvenile correction or detention, child welfare, day care, drug abuse and alcoholism treatment, mental health, developmental disabilities, and vocational rehabilitation.
The nonprofit organization is authorized to sell the property acquired under this section 15 only if all of the following conditions are satisfied:
Prior written approval shall first be obtained from the board of county commissioners;
All proceeds from said conveyance must be applied to the purchase of a different property of equal or greater value than the original;
Any new property must be used to advance the purpose of the same or another nonprofit organization that provides recognized social services beneficial to the county -- including, but not limited to, those purposes described in subsection 15(c) above;
The new property must be available for use and accessible to county citizens within one year of the conveyance; and
If the nonprofit organization or its nonprofit organization successor later ceases to use the new property for the social services described, but not limited to, those purposes set forth in subsection 15(c) above, then the nonprofit organization or its nonprofit organization successor must reimburse the county for the value of the original property at the time of conveyance.
If the nonprofit organization ceases to use the original property as a social service organization devoted to such purposes described but not limited to those set out in subsection 15(c) above, then the original property and all facilities constructed thereon shall revert immediately to the county, at which time the county must determine if the property (or the reimbursed amount if there is a reimbursement under subsection 15(d)(5) above), may be used by another social service program providing social services beneficial to the county.
Mineral Rights. The sale or lease of mineral rights for extraction of aggregate on county property as a portion of a larger project to prepare such property for future public use may be by request for proposals.
Police Dogs. Where the sheriff of Kittitas County, in his or her discretion, determines, upon retirement of a police dog from service, that the interest of the animal, its handler, the county or the public would best be served thereby, the sheriff may make any appropriate disposition of such police dog, provided the recipient of the police dog agrees to assume all future liability for its actions, care, maintenance and medical needs
. (Ord. 2009-04, 2009)
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