HomeMy WebLinkAbout01/22/2014 AGENDA CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280
** *AMENDED * **
JANUARY 22, 2014
CITY COUNCIL STUDY SESSION
Beginning at 5:00 PM in COUNCIL CONFERENCE ROOM 603
The Study Session is open to the public but there will be no opportunities for input or participation
(except on the anticipated action item noted below); the content of these items is subject to change; and
if approved by the City Council, will be placed on the February 5, 2014 Council Meeting Agenda...
A. NO PRESENTATION PLANNED — The following items are budgeted items or have already been
reviewed by the appropriate Council Committee:
1. Amendment No. 5 to the Professional Services Agreement with Willis of Seattle, Inc. for
Insurance Broker Services
2. 2014 Excess Liability Insurance with Ironshore Specialty Insurance; Excess Workers'
Compensation Insurance with Midwest Employers Casualty Company; and Crime Insurance
with Great American Insurance
3. Interlocal Cooperative Purchasing Agreement between the City of Bremerton and Snohomish
Fire District No. 1 for the purchase of one (1) ambulance from Braun NW
4. Interlocal Agreement between the City of Bremerton and Kitsap County for a Joint Land Use
Study (JLUS)
5. Resolution approving Phase 5 of the Bay Vista Final Plat
6. Purchase of three (3) Flygt Dry -Pit Submersible Pumps for Pump Station CW -2
7. Sole Source Purchase of two (2) new Alfa Laval Spiral Heat Exchangers for the Westside
Wastewater Treatment Plant
8. Purchase and Replacement of existing Air Handling Unit from Holaday- Parks, Inc. for Building
400 at the Westside Wastewater Treatment Plant
9. Appointment of Jim McDonald to the Bremerton Housing Authority Board of Commissioners
B. FULL PRESENTATIONS & BRIEFINGS
10. Consent to Assignment of Parking Lease relating to SEEfilm Bremerton Cinema Action is
anticipated; Public comment will be taken...
11. Briefing on House Bill 2116 — An ACT relating to reducing the penalty for possession of
controlled substances Information only...
12. Pacific Avenue Budget Adjustment, Funding, and Project Acceleration
13. Discussion on other City of Bremerton issues for "AWC City Action Days Conference" with
State Legislators on January 29 & 30, 2014 in Olympia Information only...
14. City Council Orientation — Part II (Presentation will include the Open Public Meeting Act and
Public Records Requests) Information only...
C. GENERAL COUNCIL BUSINESS
• Public Works Committee Briefing — ( 1114114 Meeting)
• Audit Committee Briefing — ( 1116114 Meeting)
• Other General Council Business (As necessary...)
D. EXECUTIVE SESSION — 25- Minutes to discuss "Pending and Potential Litigation" per RCW 42.
30.110 (1)(i) Action is not anticipated...
E. ADJOURNMENT OF STUDY SESSION
® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the
Citv Clerk's Office at (360) 473 -5323 by noon on the day preceding the Council meeting.
AGENDA BILL iro
CITY OF BREMERTON
CITY COUNCIL
SUBJECT Consent to Assignment of Study Session Date January 22, 2014
Parking Lease relating to SEEfilm COUNCIL MEETING Date January 22, 2014
Bremerton Cinema Department City Attorney's Office
Presenter Roger Lubovich
Phone 4;73 -2345
SUMMARY The City owns the parking garage below the SEEfdm Bremerton Cinema In 2011 the
City entered into a lease agreement with the Cinema to lease parking spaces to the Cinema The
Cinema is refinancing its loan with Kitsap Bank The refinance includes an assignment of the lease
from the Cinema to the Bank as security interest for the loan The City's lease agreement with the
Cinema allows the Cinema to assign the lease, but requires written consent from the City The
administration seeks approval of the assignment from council and to permit the mayor to sign the
consent to assignment and any future assignment to lending institutions
ATTACHMENTS Landlord's Consent to Assignment, Lease Agreement between City and Cinema,
and Amendment No 1 to Lease Agreement between City and Cinema
FISCAL IMPACTS (Include Budgeted Amount) none
STUDY SESSION AGENDA ❑ No Presentation ® Full Presentation
STUDY SESSION ACTION ❑ Consent Agenda V General Business ❑ Public Hearing
RECOMMENDED MOTION Move to approve the assignment of the SEEfdm Bremerton Cinema
parking lease to Kitsap Bank and to authorize the Mayor to sign the Landlord's Consent to
Assignment in the form substantially similar to the form presented to council and to authorize the
Mayor to provide written consent of any future assignments of this lease to other lending institutions
COUNCIL ACTION T Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 11/02/12
RETURN ADDRESS
Kiteap Bank
607 Pacific Ave
P 0 Box 1080
Bremerton WA 98337
LANDLORD'S CONSENT TO ASSIGNMENT
Reference # (if applicable) 11 Additional on page _
Grentor(s)
1 City of Bremerton
Grentee(s)
1 Kitsep Bank
Legal Description Ptn Lots 1 15, 47 50, Blk 14, Bremerton, Vol 2 30
Additional on page _
Assessor s Tax Parcel ID#
THIS LANDLORDS CONSENT TO ASSIGNMENT Is entered into among Bremerton Cinema LLC ( Borrower I whose
address Is PO Box 3280 Ashland OR 97620 0310 Kitsap Bank ( Lender I whose address Is Business Lending 607
Pacific Avenue PO Box 1110 MS 40 Bremerton WA 98337 and City of Bremerton ( Landlord ), whose address is
345 6th Street Suite 600 Bremerton WA 98337 Borrower and Lender have entered Into or are about to enter into
an agreement whereby Lender has acquired or will acquire a security interest or other Interest In the Collateral Some
or all of the Collateral may be affixed or otherwise become located on the Premises To Induce Lender to extend the
Loan to Borrower against such security Interest In the Collateral and for other valuable consideration Landlord hereby
agrees with Lender and Borrower as follows
LANDLORD'S CONSENT TO ASSIGNMENT
(Continued) Page 2
COLLATERAL DESCRIPTION The word Collateral" means certain of Borrower a personal property in which Lander has
acquired or will acquire a security Interest Including without limitation the following specific property
See Exhibit A for Bremerton Cinema LLC real estate attached hereto and by reference made a part hereof
BORROWERS ASSIGNMENT OF LEASE Borrower hereby assigns to Lender all of Borrowers rights in the Lease ae
partial security for the Loan The parties Intend that this assignment will be a present transfer to Lender of all of
Borrower a rights under the Lease subject to Borrower a rights to use the Premises and enjoy the benefits of the Lease
while not In default on the Loan or Lease Upon full performance by Borrower under the Loan this assignment shall be
ended without the necessity of any further action by any of the parties This assignment Includes all renewals of and
amendments to the Lease or the Loan until the Loan Is paid in full No amendments may be made to the Leese without
Lander a prior written consent which shall not be unreasonably withheld or delayed
CONSENT OF LANDLORD Landlord consents to the above assignment If Borrower defaults under the Loan or the
Lease Lender may reassign the Lease and Landlord agrees that Landlord s consent to any such reassignment will not
be unreasonably withheld or delayed So long as Lender has not entered the Premises for the purpose of operating a
business Lender will have no liability under the Lease Including without limitation liability for rent. Whether or not
Lender enters Into possession of the Premises for any purpose Borrower will remain fully liable for all obagatlons of
Borrower as lessee under the Lease While Lender is in possession of the Premises Lender will cause all payments due
under the Lease and attributable to that period of time to be made to Landlord If Lender later reassigns the Lease or
vacates the Premises, Lender will have no further obligation to Landlord
LEASE DEFAULTS Both Borrower and Landlord agree and represent to Lender that to the best of their knowledge,
there is no breach or offset existing under the Lease or under any other agreement between Borrower and Landiord
Landlord agrees not to terminate the Lease despite any default by Borrower without giving Lender written notice of the
default and an opportunity to cure the default within a period of sixty (60) days from the receipt of the notice If the
default Is one that cannot reasonably be cured by Lender (such as insolvency bankruptcy or other judicial proceedings
against Borrower) then Landlord will not terminate the Lease so long as Landlord receives all sums due under the Leese
for the period during which Lender is In possession of the Premises or so long as Lender reassigns the Lease to a new
lessee reasonably satisfactory to Landlord
COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original
but all of which taken together shell constitute one and the same agreement
MISCELLANEOUS PROVISIONS The following miscellaneous provisions are a part of this Agreement This Agreement
shall extend to and bind the respective heirs personal representatives, successors and assigns of the parties to this
Agreement The covenants of Borrower and Landlord respecting subordination of the claim or claims of Landlord in
favor of Lender shell extend to include and be enforceable by any transferee or endorsee to whom Lender may transfer
any claim or claims to which this Agreement shall apply Lender need not accept this Agreement In writing or
otherwise to make It effective This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington If Landlord is other than an Individual any agent or other person executing this Agreement on
behalf of Landlord represents and warrants to Lender that He or she has full power and authority to execute this
Agreement on Landlords behalf Lander shall not be deemed to have waived any rights under this Agreement unless
such waiver is In writing and signed by Lender Without notice to Landlord end without effecting the validity of this
Consent, Lander may do or not do anything it deems appropriate or necessary with respect to the Loan, any obligors on
the Loan or any Collateral for the Loan including without limitation extending, renewing rearranging or accelerating
any of the Loan Indebtedness
AMENDMENTS This Agreement together with any Related Documents constitutes the entire understanding and
agreement of the parties as to the matters set forth in this Agreement No alteration of or amendment to this
Agreement shall be effective unless given In writing and signed by the party or parties sought to be charged or bound
by the alteration or amendment
NO WAIVER BY LENDER Lender shall not be deemed to have waived any rights under this Agreement unless such
waiver is given In writing and signed by Lender No delay or omission on the pert of Lender in exercising any right shall
operate as a waiver of such right or any other right A waiver by Lender of a provision of this Agreement shall not
prejudice or constitute a waiver of Lender a right otherwise to demand strict compliance with that provision or any other
provision of this Agreement No prior waiver by Lender nor any course of dealing between Lender and Landlord shall
constitute a waiver of any of Lender s rights or of any of Landlord a obligations as to any future transactions
Whenever the consent of Lender Is required under this Agreement the granting of such consent by Lander in any
Instance shell not constitute continuing consent to subsequent instances where such consent is required and in all
cases such consent may be granted or withheld In the sole discretion of Lender
SEVERABILITY If a court of competent jurisdiction finds any provision of this Agreement to be Illegal Invalid or
unenforceable as to any circumstance that finding shall not make the offending provision illegal invalid or
unenforceable as to any other circumstance If feasible the offending provision shall be considered modified so that it
becomes legal valid and enforceable If the offending provision cannot be so modified It shell be considered deleted
from this Agreement Unless otherwise required by law the Illegality invalidity or unenforceablgty of any provision of
this Agreement shall not affect the legality validity or enforceability of any other provision of this Agreement
DEFINITIONS The following capitalized words and terms shall have the following meanings when used in this
Agreement Unless specifically stated to the contrary all references to dollar amounts shall mean amounts In lawful
money of the United States of America Words and terms used In the singular shall Include the plural and the plural
shall include the singular as the context may require Words and terms not otherwise defined In this Agreement shall
have the meanings attributed to such terms In the Uniform Commercial Code
Agreement The word Agreement means this Landlord s Consent to Assignment as this Landlord s Consent to
Assignment may be amended or modified from time to time together with all exhibits and schedules attached to
this Landlord a Consent to Assignment from time to time
Borrower The word Borrower means Bremerton Cinema LLC and includes all cc signers and cc makers signing
the Note and all their successors and assigns
Collateral The word Collateral means all of Borrower a right, title and interest in and to all the Collateral as
described in the Collateral Description section of this Agreement
Landlord The word Landlord means City of Bremerton and is used for convenience purposes only Landlord s
Interest in the Promises may be that of a fee owner lessor sublessor or Ilenholder or that of any other holder of
an Interest In the Premises which may be or may become prior to the interest of Lender
LANDLORD'S CONSENT TO ASSIGNMENT
(Continued) Page 3
Lease The word Lease means that certain lease of the Premises dated March 12 2012 between Landlord and
Borrower The Leese was recorded as follows This Is a non recorded Lease which Is attached and made part of
this agreement
Lender The word Lender means Kitsap Bank Its successors and assigns
Loan The word "Loan means any and all loans and financial accommodations from Lender to Borrower whether
now or hereafter existing and however evidenced
Note The word Note means the Note to be executed by Bremerton Cinema LLC In the approximate principal
amount of $3 000 000 00 together with all renewals of extensions of modifications of refinancings of
consolidations of and substitutions for the note or credit agreement
Promisee The word Premises means the real property located In Kltsap County State of Washington commonly
known as 855 4th Street Bremerton WA 98337 and legally described as
See "Exhibit 8 attached hereto and by reference made a part hereof
Related Documents The words Related Documents mean all promissory notes credit agreements loan
agreements, environmental agreements guaranties security agreements mortgages deeds of trust security
deeds collateral mortgages and all other instruments agreements and documents whether now or hereafter
existing executed In connection with the Loan
BORROWER AND LANDLORD ACKNOWLEDGE HAVING READ ALL THE PROVISIONS OF THIS LANDLORDS
CONSENT TO ASSIGNMENT AND BORROWER AND LANDLORD AGREE TO ITS TERMS THIS AGREEMENT IS
DATED JANUARY 15 20 14
BORROWER 1
BREMERTON CINEMA LLC
By
Daryn McLennan Managing Member of Bremerton Cinema LLC
By
Larry C McLennan Managing Member of Bremerton Cinema LLC
By
James R Blissett Managing Member of Bremerton Cinema LLC
ray
Dean W Debaun Member of Bremerton Cinema LLC
LANDLORD
(
CITY OF BREMERTON f
By
Patty Lent Mayor of City of Bremerton
LENDER
KITSAP BANK
X
Authorized Officer
LANDLORD'S CONSENT TO ASSIGNMENT
(Continued) Page 4
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
STATE OF }
)SS
COUNTY OF )
c
On this day of 20 before me the undersigned
Notary Public personally appeared Daryn McLennan Managing Member of Bremerton Cinema LLC Larry C McLennan
Managing Member of Bremerton Cinema LLC James R Blissett Managing Member of Bremerton Cinema LLC and
Dean W Debaun Member of Bremerton Cinema LLC and personally known to me or proved to me on the basis of
satisfactory evidence to be members or designated agents of the limited liability company that executed the Landlord a
Consent to Assignment and acknowledged the Agreement to be the free and voluntary act and deed of the limited
liability company by authority of statute Its articles of organization or Its operating agreement for the uses and
purposes therein mentioned and on oath stated that they are authorized to execute this Agreement and In fact
executed the Agreement on behalf of the limited liability company
By Residing at
Notary Public in and for the State of _ My commission expires
GOVERNMENT ACKNOWLEDGMENT
STATE OF )
)as
COUNTY OF )
On this day of 20 before me the undersigned
Notary Public personally appeared Patty Lent, Mayor of City of Bremerton and personally known to me or proved to
me on the basis of satisfactory evidence to be an authorized agent of the governmental entity that executed the
Landlord s Consent to Assignment and acknowledged the Agreement to be the free and voluntary act and dead of the
governmental entity by authority of Its enabling laws or by resolution of its governing body for the uses and purposes
therein mentioned and on oath stated that he or she is authorized to execute this Agreement and In fact executed the
Agreement on behalf of the governmental entity
By Residing at
Notary Public in and for the State of _ My commission expires
LENDER ACKNOWLEDGMENT
STATE OF }
1 SS
COUNTY OF )
On this day of 20 before me the undersigned
Notary Public personally appeared and personally known to me or proved to me
on the basis of satisfactory evidence to be the authorized agent for Kltsap Bank
that executed the within and foregoing Instrument and acknowledged said instrument to be the free and voluntary act
and deed of Khsep Bank duly authorized by Kiteep Bank through its board of directors or otherwise for the uses and
purposes therein mentioned and on oath stated that he or she Is authorized to execute this said instrument and in fact
executed this said Instrument on behalf of Kitsap Bank
By Residing at
Notary Public In and for the State of _ My commission expires
LASER PRO Lending Ver 13 4 0 034 Copr Harland Financial Solutions, Inc 1997 2014 All Rights Reserved
WA C \CFI WIN\CFI \LPL\E45 FC TR 27490 PR 26
Form WA S (6/76) Fite No NM- 636426 -WAI
commftment Page No 2
Mldf VA'
LEGAL DESCRIPTION
Parcel A
Air Space Legal Description at and above a Horizontal Plane at an Elevation of 32 00 feet
(All Elevations herein are measured per the North American Vertical Datum of 1988 as adopted by the City of
Bremerton)
A portion of Block 14 and the East half of the vacated portion of Park Avenue (formerly Dods Street) of the Plat of
the Town of Bremerton, as recorded In Volume 2, of plats Page 030, records of Kltsap county, Washington,
situate in Government Lot 3, Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kltsap County,
Washington more particularly described as follows
Beginning at monument in case at the Intersection of Park Avenue and Burwell Street, thence N 1 0 3700 "E 28011
feet to an existing monument in case at the Intersection of Park Avenue and 4th Street, thence along the
centerline of said 4th Street, S88 0 24'41 "E 12190 feet, thence leaving said centerline, S1 3133 feet to
the outside edge of an existing concrete wall and the True Point of Beginning, thence leaving said outside edge,
S1 30"W 26 49 feet, thence S87 0 28'15 1 E 8 55 feet, thence S2 0 31'45 "W 7 50 feet, thence S88 °35'16 "E 9 26
feet; thence S1 79 96 feet, thence S88 "E 10012 feet, thence Si "34'06"W 60 19 feet to a point
W8", thence continuing S1 13 05 feet, thence N88 0 13'22 "W 6125 feet, thence S2 "01'15"W 9 21 feet,
thence N88 37 41 feet; thence S1 50 "W 14 24 feet; thence N88 20 88 feet, thence
S1 2 87 feet, thence N88 48 50 feet, thence NI *20'59 "E 13 53 feet, thence N42 410
feet, thence N88 0 18'12" W 29 63 feet thence N1 "E 48 69 feet, thence S88 2 49 feet; thence
N1 9 00 feet, also being a point "WE", thence N88 47 19 09 feet, thence N1 "E 90 47 feet,
thence S88 0 21'49 E 15 32 feet, thence N1 "E 47 45 feet, thence 588 8411 feet to the True Point
of Beginning
Together with a six foot wide easement for building footings to be constructed on the property projecting down
from the theatre pad elevation of 32'0" to 2 feet below finish grade of the site, the centerline of which Is
described as follows Beginning at the above described point "WB", also being the True Point of Beginning,
thence continuing 51 13 05 feet, thence N88 0 13'22 "W 6125 feet, thence S2 "01'15"W 9 21 feet, thence
N 88 "26 29"W 37 41 feet, thence S1 050"W 14 24 feet, thence N88 0 29'10 "W 20 88 feet, thence S1 0 33 29'W
2 87 feet, thence N88 48 50 feet, thence N3 °20 59'E 13 53 feet, thence N42 0 43'34 "W 410 feet; thence
N88 0 1012 "W 29 63 feet, thence Ni"33 48 69 feet, thence S88 29"E 2 49 feet; thence N1 "E 9 00
feet, also being a point "WE" and also being the terminus of this description
Parcel B
General Utility Easement
(All Elevations herein are measured per the North American Vertical Datum of 1988 as adopted by the Qty of
Bremerton)
A general utility easement to extend down V 9" feet from elevation 32'0" Into the P-2 parking level constructed
over a portion of Block 14 and the East half of the vacated portion of Park Avenue (formerly Dock Street) of the
Plat of the Town of Bremerton, as recorded In Volume 2 of plats Page 030, records of Kltsap County, Washington,
situate In Government Lot 3, Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kltsap County,
Washington more particularly described as follows
h7rstAmedcan 77ble Insurance Company
�� ..
Form WA 5 (4(76) Re No NCS-636426 WAI
C mranent Page No 3
Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence; N1 E 28011
feet to an existing monument In case at the Intersection of Park Avenue and 4th Street, thence along the
centerline of said 4th Street, S88 0 24'41 "E 12190 feet, thence leaving said centerflne, Si °35'19 "W 3133 feet to
the outside edge of an existing concrete wall, thence leaving said outside edge, S1 "W 26 49 feet to the
True Point of Beginning, thence S87 0 28'15 "E 8 55 feet, thence S2 "31'4S"W 7 50 feet, thence S88 0 35'16 "E 9 26
feet, thence S1 79 96 feet, thence N 8BOMS "W 13 42 feet, thence N1 "E 20 00 feet; thence
N88 32 00 feet, thence N1 0 3504 "E 10 00 feet, thence N88°24 56 "W 18 00 feet, thence NI °3504 "E
52 00 feet, thence N84 0 38'34 "E 45 83 feet more or less to the True Point of Beginning
Parcel C
Air Space Legal Description at and above a horizontal plane at an elevation of 22'7"
(A8 elevations herein are measured per the North American Vertical Datum of 1988 as adopted by the Qty of
Bremerton)
A portion of Block 14 and the East half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat
of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kltsap County, Washington,
situate In Government Lot 3, Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kltsap County,
Washington more particularly described as follows
Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N1 °3700 "E 28011
feet to an existing monument in case at the Intersection of Park Avenue and 4th Street, thence along the
centerline of said 4th Street, S88 12190 feet, thence leaving said centerline, S1 *35' 19' W 3133 feet to
the outside edge of an existing concrete wall and the True Point of Beginning, thence along said outside edge,
N88 0 16'45 "W 8411 feet; thence S1 3 02 feet to an existing exterior concrete wall corner, thence
leaving said outside edge, S1 8 68 feet, thence N43 8 08 feet, thence on an arc, the radius or
which bears N20 0 58'55 "E 7 50 feet, a distance of 33 90 feet through an angle of 258 0 59'16" and returning to said
outside edge, thence S88 "E 29 21 feet, thence leaving said outside edge, N4P31'35 "E 1614 feet; thence
S87 03'E 4 37 feet, thence S43 ° 5755 "E 16 63 feet to said outside edge, thence leaving said outside edge,
N46 °40'09 "E 919 feet, thence S88 0 19'51 "E 18 97 feet, thence S43 11 19'51 1 E 9 23 feet to said outside edge,
thence N88 8 73 feet to the Rue Point of Beginning
This description to also Include for building footings for the above described area
Situate In the qty of Bremerton, County of Kltsap, State of Washington
Parcel D
100 parking spaces located approximaWly as shown within the hatched areas on Exhibits B and C contained in
Memorandum of Lease recorded under Kltsap County Recording No 201203150069, being a portion of the
following described property
A portion of Block 14 and the East half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of
the Town of Bremerton, as recorded In Volume 2, of plats Page 030, records of Kltsap County, Washington,
situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range; Easy Willamette Meridian,
Kltsap County, Washington more particularly described as follows
Beginning at monument in case at the Intersection of Park Avenue and Burwell Street, thence N1 00 E 28011
feet to an existing monument in case at the intersection of Park Avenue and 4th Street; thence along the
centerline of said 4th Street, S88 0 24'41 "E 12211 feet, thence leaving said centerline, S1 30 9 feet to
the outside edge of an existing concrete wall and the Tine Point of Beginning, thence leaving said outside edge,
51 25 38 feet, thence S88 0 24 56 E 8 46 feet, thence S1 1 35 04 W 7 04 feet, thence S88 "24 "E 9 29
feet, thence S3 °35'04"W 0 83 feet; thence N88 °24'56"W 0 42 feet; thence S1 "35 04"W 78 97 feet to a point
being 3 5 North of the South One of the vacated alley In said Block 14, thence parallel with said South line
RrstAmerfcan 7711e Insurance Company
Form WA 5 (6176) F8e No KS- 636426 -WAI
commlonnent Page No 4
S88 0 24'56' E 100 26 feet to Ifs Intersection with the theoretical grid line K 8 as shown on the contract plan set for
City of Bremerton Park Avenue Plaza dated August 16, 2010, thence along said grid line 51 04'W 60 33 feet
to a point on said grid line "WB ", thence conffnuing along said grid line S1 °35'04"W 1313 feet, thence leaving
said grid line N88 ° 24'56 W 60 5 feet, thence S1 "W 917 feet, thence N88 °24'56"W 37 42 feet, thence
S1 1417 feet; thence N88a24'56"W 2108 feet, thence S1 0 W 3,0 feet, thence N88 0 2416 "W 48 76
feet, thence Nl °35 04 E 13 79 feet, thence N43 3 88 feet•, thence N88 29 8 feet, thence
N1 48 67 feet, thence S8r24'5GT 2 5 feet, thence N1 9 0 feet, also being a point "WE", thence
N88 1917 feet to a point being 10 West of theoretical grid line A as shown on said contract plan set,
thence parallel to said grid line, N1 0 35 04 E 90 58 feet, thence S88 0 2456 "E 15 25 feet, thence N1 E 47 53
feet, thence S88 0 24'56 "E 8414 feet to the True Point of Beginning,
Excluding air space above elevation 32 feet
Parcel E
Easement as established In Easement Agreement recorded March 14, 2012 under Kitsap County Recording No
201203140163
ArstAmen*an 7TH- Pwwance Company
EXHIBIT "B"
LEGAL DESCRIPTION
A porgbn of Block 14 and the East half of the vacated portion of Park Avenue (formeriy Dods Street) of the Plat of
the Town of Bremerton, as recorded In Volume 2, of plats Page 030, records of Kitsap County, Washington,
situate in Government Lot 3, Section 13, Township 24 North, Range 1 East, Willamette Meddean, Kbap County,
Washington more particularly described as follows
Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N 1 °3700 "E 28011
feet to an existing monument in case at the Intersection of Park Avenue and 4th Street, thence along the
centerline of said 4th Street, 588"24 "E 12190 feet, thence leaving said centerline, S1 6 3519 "W 3133 feet to
the outside edge of an existing concrete wall and the True Point of Beginning, thence leaving sald outside edge,
Sl °36 26 49 feet; thence 587°28'15 "E 8 55 feet; thence 52M'45"W 7 50 feet, thence SB8 °35'16 "E 9 26
feet, thence S1 8 2444 "W 79 96 feet, thence S88 0 1555 "E 10012 feet, thence S3 "3406'W 60 19 feet to a point
"WB ", thence continuing S1 13 05 feet, thence N88 0 1322 "W 6125 feet, thence 52 °01 9 21 feet,
thence N88 37 41 feet; thence Si "51'50 "W 14 24 feet thence N88 "29'10"W 20 88 feet thence
S1 2 87 feet, thence N88 0 26'OB"W 48 50 feet; thence N3°20'59 "E 13 53 feet thence N42 410
feet, thence N88 0 18'12"W 29 63 feet thence N3 4 33'31 E 48 69 feet, thence S88 °56'29' E 2 49 feet, thence
Ni °03'31'E 9 00 feast, also being a point "WE ", thence N88 19 09 feet, thence Ni °33 "E 90 47 feet,
thence S88 °ZI'49 T 15 32 feet, thence N1 0 32 30 "E 47 45 feet, thence S88 0 16 45"E 8411 feet to the True Point
of Beginning
Excludes air space above elevation 32 feet
Situate in the City of Bremerton, County of Kitsap, State of Washington
AMENDMENT NO 1 TO
LEASE AGREEMENT
WHEREAS, on November 16, 2011, the City of Bremerton, a municipal corporation of the
State of Washington, "City" and Bremerton Cinema, LLC, "Lessee" entered into a Lease
Agreement, and
WHEREAS, Chapter 82 29A RCW requires leasehold tax to be paid on all leased public
property, and
WHEREAS, the purpose of this Amendment is to clarify that the lease payment includes the
leasehold tax,
NOW THEREFORE, for mutual consideration, City and Lessee agree as follows
Section 5 of the Lease Agreement is hereby amended to include the following
55 Leasehold Tax Lessee agrees to pay the leasehold excise tax on the lease payment
pursuant to Chapter 82 29A RCW currently in the amount of 12 84 percent and as may be
adjusted pursuant to Ch 82 29A RCW The leasehold excise tax is included in the lease
payment as defined in in this Section
All other terms of the Lease Agreement not specifically amended herein shall remain in full force
and effect
CITY OF BREMERTON BREMERTON CINEMA, LLC.
PATTY L ayor Kts /�
DATE A - 7-3 DATE /d �L—
T
Shannon L Conn, City Clerk
APPROV 17 TO F
RM-
R)bGER LUBOVICH, City Attorney
R \LvpN.egaiU deslCurtent ivc FdeslPar6 Avenue PIaza\Lcase Agr"mcni Amendment No I- BremenonCinema Parking (2013) doc
Amendment to Lease Agreement
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter "Lease') is between the CITY of
BREMERTON, a municipal corporation of the State of Washington, with offices located at 345
6th Street, Suite 600, Bremerton, Washington 98337 (hereinafter "City"), and Bremerton
Cinema, LLC (hereinafter "Lessee ")
RECITALS
WHEREAS, the City now owns certain land legally described in Exhibit A, and
WHEREAS, it is the parties' desire to enter into a three (3) year lease with five three year
options, and
NOW, THEREFORE, the City and Lessee agree as follows
AGREEMENT
1. PROPERTY.
11 Property Defined The City leases to Lessee and Lessee leases from the City the
fifty (50) full time parking spaces in the Park Avenue Plaza garage year around, an additional
fifty (50) parking spaces, 24 hours a day for all Fridays in May, June 1st through August 15th and
November 18'' through January 1 st and further a sum total combined 200 parking spaces during
the week from 5 00 PM to 2 00 AM and Saturdays and Sundays from 10 00 AM to 2 00 AM the
next morning A site plan is attached hereto as Exhibit B. The specific location of the parking
spaces shall be mutually agreed between the parties and may be changed as thereafter agreed by
site plan modifications
12 Survey, Mans, and Plans Lessee is not relying upon and the City is not making
any representations about any survey, plat, diagram, and/or legal description provided by the
City
2. USE.
21 Permitted Use Lessee shall use the Property for Theater attendance and activities
and associated cafe on Park Avenue (the "Permitted Use ") and for no other business or purpose,
without the prior written consent of the City The Property shall not be used for illegal purposes
It is agreed that this lease shall not be construed as the City's waiver of land use or building code
provisions that would otherwise apply to any improvements or uses of the site
22 Conformance with Laws Lessee shall, at all tunes, keep current and comply with
all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes,
and other government rules and regulations regarding its use or occupancy of the Property
23 Liens and Encumbrances Lessee shall keep the Property free and clear of any
liens and encumbrances arising out of or relating to its use or occupancy of the Property
3 ADDITIONAL CONDITIONS: The City shall maintain parking in those street parking
areas substantially in accordance with the intent and location set out to Exhibit C, most
Lease Agreement
(Between City of Bremerton and Bremerton Cinema LLC) 1 of 9
particularly allowing three hour free parking in those outlined areas after 5 00 PM week days and
all day week ends This is a condition of the initial term and reviewed upon exercise of any lease
renewal option
4. TERM.
41 Term Defined The term of this Lease is three (3) years (the "Tenn "), beginning
on the I st day of April, 2012 or upon issuance of certificate of occupancy, whichever is later (the
"Commencement Date "), and ending on the 31 st day of March, 2015 or three years after the
issuance of the certificate of occupancy, whichever is later (the "Termination Date "), unless
terminated sooner under the terms of this Lease
42 Option to Extend Lessee shall have the option of extending this lease for up to
five (5) additional three (3) year terms upon delivering written notice to the City sixty (60) days
prior to the expiration of the term subject to the City and Lessee mutually agreeing upon a new
lease payment for each option as defined in section 5 4
43 End of Term Upon the expiration or termination of the Term, as applicable,
Lessee shall surrender the Property to the City as existed on the Commencement Date, reasonable
wear and tear excepted
44 Hold Over If Lessee remains in possession of the Property after the Termination
Date, the occupancy shall not constitute an extension or renewal of the Term The occupancy
shall be a month-to -month tenancy, on terms identical to the terms of this Lease, which may be
terminated by either party on thirty (30) days written notice The monthly rent during the
holdover shall be the same rent which would be due if the Lease were still in effect and all
adjustments in rent were made in accordance with its terms If the City provides a notice to
vacate the Property in anticipation of the termination of this Lease or at any time after the
Termination Date and Lessee fails to do so within the tune set forth in the notice, then Lessee
shall be a trespasser and shall owe the City all amounts due under applicable law
5. LEASE PAYMENT.
51 Monthly Payment Lessee shall pay to the City a minimum monthly payment of
$3,300 The first installment shall be due and payable on or before the Commencement Date,
and subsequent installments shall be due and payable on or before the same day of each month
thereafter
52 Annual Reconciliation and Payment. Lessee shall pay an additional annual fee
based on total attendance over the one year period The annual fee shall be calculated as follows
$24,000 base fee
Plus additional fees for annual attendance over 104,000 of
104,001 - 130,000 = $ 05 /ticket
130,001 - 260,000 = $ 08 /ticket
260,001 — 390,000 = $ 10 /ticket
390,001 and up = $ 19 /ticket
Less Less mmunum monthly payments from 5 1 above
The annual reconciliation and installment shall be due and payable within 30 calendar
days following the conclusion of each one year period, based on the Commencement Date
53 Payment Place Payment is to be made to the City of Bremerton, Attn Financial
Services, 345 6` Street, Suite 600, Bremerton, Washington 98337
Lease Agreement
(Between City of Bremerton and Bremerton Cinema LLC) 2 of 9
53 Rate Increase At the end of the first term, the monthly fee and fee per ticket shall
increase by a percentage equal to the percentage increase (if any) average ticket sale price over
the third year of the initial tern for regular customer prices compared to the average ticket sale
price at the over the first year of the term Each lease term extension shall have the monthly fee
and fee per ticket increase at a rate using the same formula for the expiring term
6. LATE PAYMENTS AND OTHER CHARGES.
61 Late Charge If any rental payment is not received by the City within (10) days of
the date due, Lessee shall pay to the City a late charge equal to one percent (I%) per month of the
amount of the lease until the delinquency is paid
7. ASSIGNMENT AND SUBLETTING.
71 City Consent Required Lessee shall not sell, convey, mortgage, assign, pledge,
sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the
Property without the City's prior written consent, which may not be unreasonably withheld by the
City In the event of such consent, each permitted transferee shall assume all obligations under
this Lease, including the payment of rent No assignment, sublet, or transfer shall release,
discharge, or otherwise affect the liability of Lessee
72 Rent Payments Following Assignment The acceptance by the City of the
payment of rent following an assignment or other transfer shall ,not constitute consent to any
assignment or transfer
S. INDEMNIFICATION.
81 Each party shall indemnify, defend, and hold the other party harmless for its acts,
omissions or negligence relating to its performance of this Lease Agreement
9. INSURANCE.
91 General Commercial Liability Insurance Lessee agrees to procure and maintain
in force during the term of this Lease and any extension thereof, at its expense, general
commercial general liability insurance This insurance shall be in a munmum amount of
$1,000,000 combined single limn per occurrence and $2,000,000 aggregate for bodily injury,
personal injury and property damage which may be covered under a blanket policy Lessee
agrees that, if such insurance policies are not kept in force during the term of this Lease and any
extension thereof, the City may procure the necessary insurance, pay the premium therefor, and
that such premium shall be repaid to the City on demand The City shall be named as an
additional insured as to liability ansing out of the Property and buildings thereon and the
insurance of Lessee shall be the primary insurance as to said liability
92 Certificate of Insurance Lessee shall provide to the City documentary evidence,
certified by the insurer, of all insurance(s) required in this Lease
93 Subrogation The City shall not be liable to Lessee (by way of subrogation or
otherwise) or to any insurance company insuring the other party for any loss or damage to any
building, structure, or other tangible property, or any resulting loss of income, or losses under
worker's compensation laws and benefits, if any such loss or damage is covered by insurance
benefiting the party suffering such loss or damage or was required to be covered by insurance
pursuant to this Lease Lessee shall, upon obtaining the policies of insurance required give
Lease Agreement
(Between City of Bremerton and Bremerton Cinema, LLCJ 3 of 9
notice to the insurance carver or carvers that the foregoing mutual waiver of subrogation is
contained in this Lease
10. DAMAGE OR DESTRUCTION.
101 In the event of any damage to or destruction of the Property or any umprovements,
Lessee shall promptly give written notice to the City
11. DEFAULT AND REMEDIES.
11 1 Acts Constituting Default Lessee shall be in default of this Lease on the
occurrence of any of the following
(a) Failure to pay Rent or other expenses when due,
(b) Failure to comply with any law, regulation, policy, or order of any lawful
governmental authority,
(c) Failure to comply with any other provision of this Lease,
(d) Failure to cure a default pursuant to Section 112 below, or
(e) Proceedings are commenced by or against Lessee under any bankruptcy
act or for the appointment of a trustee or receiver of Lessees' property
112 Failure to Cure A default shall become an event of default ( "Event of Default ") if
Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written
notice of default, which specifies the nature of the default
113 City's Remedies Upon Default Upon an Event of Default and Failure to Cure as
defined in 112, the City may terminate this Lease
12. NOTICE. Any notices required or permitted under this Lease may be personally
delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to
the following addresses or to such other places as the parties may direct in writing from time to
time
The City City of Bremerton
Attn
345 0-Street, - Suite 600
Bremerton, Washington 98337
Lessee Bremerton Cinema, LLC
A notice shall be deemed given and delivered upon personal delivery, upon receipt of a
confirmation report of delivered by facsimile machine, or three (3) days after being mailed as set
forth above, whichever is applicable
13. MISCELLANEOUS.
131 Authon Lessee and the person or persons executing this Lease on behalf of
Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee
Lease Agreement
(Between City of Bremerton and Bremerton Cinema LLC) 4 of 9
has full right and authority to enter into this Lease, and that each and every person signing on
behalf of Lessee is authorized to do so
13 2 Successors and Assigns This Lease shall be binding upon and inure to the benefit
of the parties, their successors and assigns
133 Entire Agreement This Lease, including the exhibits and addenda, if any,
contains the entire agreement of the parties All prior and contemporaneous agreements,
promises, representations, and statements relating to this transaction or to the Property, if any, are
merged into this Lease
13 4 Waiver The waiver by the City of any breach or default of any term, covenant, or
condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition,
of any subsequent breach or default of the same, or of any other term, covenant, or condition of
this Lease The City's acceptance of a rental payment shall not be construed to be a waiver of
any preceding or existing breach other than the failure to pay the particular rental payment that
was accepted
13 5 Cumulative Remedies The rights and remedies of the City under this Lease are
cumulative and in addition to all other rights and remedies afforded to the City by law or equity
or otherwise
13 6 Time is of the Essence TIME IS OF THE ESSENCE as to each and every
provision of this Lease
13 7 Invalidgy If any provision of this Lease shall prove to be invalid, void, or illegal,
it shall in no way affect, impair, or invalidate any other provision of this Lease
13 8 Applicable Law and Venue This Lease shall be interpreted and construed in
accordance with the laws of the State of Washington Any reference to a statute shall mean that
statute as presently enacted or hereafter amended or superseded Venue for any action arising out
of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington
13 9 Modification Any modification of this Lease must be in writing and signed by
the parties The City shall not be bound by any oral representations or statements
13 10 Survival of Covenants The covenants contained herein survive the termination or
expiration of the Lease for the applicable statute of limitation periods
13 11 Owet Ensovment The City covenants and agrees that Lessee, upon performing
the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said
term without any interruption by the City, its successors or assigns City will use its best efforts
not to interfere with Lessee's business or right of access to and from the Property during the term
of this Lease
13 12 Recording of Short Form Lease Neither the City nor Lessee may record this
Lease without the other's prior approval, but the parties will at any time at the request of either
party promptly execute duplicate originals of an instrument, in recordable form, which will
constitute a short form of this lease, setting forth a description of the Property, the terms of this
lease and other provisions hereof, except the rental and other provisions as either party may
request, which may be recorded
13 13 Duplicate Originals This Lease Agreement may be executed in duplicate
originals
THIS AGREEMENT requires the signature of all parties and is executed as of the date
of the last signature below
Lease Agreement
(Between City of Bremerton and Bremerton Cinema LLQ 5 of 9
CITY OF BREMERTON BREMERTON CINEMA, LLC
By Patty Le B S
Its Mayor Its le^
Date Date it hd - I I
STATE OF WASHINGTON )
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Patty Lent is the person who
appeared before me, and acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to
be the free and voluntary act of such City for the uses and purposes mentioned in the instrument
WITNESSETH my hand and seal this - /Oday of 2�
F Y PUBLIC
NX
ASNINM NO �Y LIC in o e tate f
owaft Washington, res i di �IRE8 i7J1j20tY My commission expires o`I/ / A
STATE OF WASHINGTON )
COUNTY OF KITSAP ) §
I certify that I know or have satisfactory evidence that —Lm � d`�� the
person who appeared before me, and acknowledged that (s)he signed this uistrument, on oath
stated that (s)he was authorized to execute the instrument, and acknowledged it to be the free and
voluntary act for the uses and purposes mentioned in the instrument
WITNESSh@* .•••* seal thus ' day of 20 L�
gg
�VBLIc 1 '' 0 PUBLIC for a fate of
�5.� . m
Washington, residing at
WASH My commission expires A's/
Lease Agreement
(Between Cay of Bremerton and Bremerton Cinema LLQ 6 of 9
EXHIBIT A
Lease Agreement
(Between City of Bremerton and Bremerton Cinema, LLQ 7 of 9
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Lease Agreement
(Between City of Bremerton and Bremerton Cinema LLQ 8 of 9
EXHIBIT C
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Lease Agreement
(Between City of Bremerton and Bremerton Cinema, LLQ 9 of 9
1 6
Washington State BILL
House of Representatives ANALYSIS
Office of Program Research
Public Safety Committee
HB 2116
Brief Description Reducing the penalty for possession of controlled substances
Sponsors Representative Appleton
Brief Summary of Bill
• Reduces the penalty for possession of a controlled substance from a class C felony to
a misdemeanor
Hearing Date 1/14/14
Staff Sarah Koster (786 -7303)
Background
Under current law, controlled substances are defined as a drug, substance, or immediate
precursor included in Schedules I through V as set forth in federal or state laws, or federal or
state board of pharmacy rules The schedule a substance is placed in depends on its potential for
abuse, whether there is a currently accepted medical use in treatment, and the safety substances
and risk for dependence, as determined by the Pharmacy Quality Assurance Commission
Substances in Schedule I are the most tightly controlled, while those in Schedule V are the least
tightly controlled
Possession of a controlled substance is a class C felony Class C felonies are punishable by five
years in a state correctional institution, a fine of $10,000, or both confinement and a fine
Summary of Bill
Possession of a controlled substance is a misdemeanor
A misdemeanor is punishable by up to 90 days in jail, a fine of $1,000, or both In addition, a
misdemeanor violation of the Uniform Controlled Substances Act is subject to mandatory
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations This analysis is not a part of the legislation nor does it
constitute a statement of legislative intent
House Bill Analysis - 1 - HB 2116
minimum penalties of imprisonment of not less than 24 consecutive hours and by a fine of not
less than $250
Possession with intent to manufacture or deliver a controlled substance and possession of a
counterfeit substance are unchanged a class B or C felony, depending on the substance
Appropriation None
Fiscal Note Requested on January 8, 2014
Effective Date The bill takes effect 90 days after adjournment of the session in which the bill is
passed
House Bill Analysis -2- HB 2116
H -2761 1
HOUSE BILL 2116
State of Washington 63rd Legxslature 2014 Regular Session
By Representatives Appleton, Fitzgibbon, Pollet, Roberts, and Farrell
Prefi.led 12/10/13 Read first time 01/13/14 Referred to Committee on
Public Safety
1 AN ACT Relating to reducing the penalty for possession of
2 controlled substances, amending RCW 9 94A 518 and 69 50 4013, and
3 repealing RCW 69 50 4014
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON
5 Sec 1 RCW 9 94A 518 and 2003 c 53 s 57 are each amended to read
6 as follows
7
8 TABLE4
9 DRUG OFFENSES
10 INCLUDED WITHIN EACH
11 SERIOUSNESS LEVEL
12 III Any felony offense under chapter 69 50
13 RCW with adeadly weapon
14 special verdict under RCW
15 ((9 -94A 602)) 9 94A 825
p 1 HB 2116
1 Controlled Substance Homicide (RCW
2 69 50 415)
3 Delivery of imitation controlled
4 substance by person eighteen or
5 over to person under eighteen
6 (RCW 69 52 030(2))
7 Involving a minor in drug dealing
8 (RCW 69 50 4015)
9 Manufacture of methamphetamme
10 (RCW 69 50 401(2)(b))
11 Over 18 and deliver heroin,
12 methamphetamine, a narcotic from
13 Schedule I or 1I, or flunitrazepam
14 from Schedule IV to someone
15 under 18 (RCW 69 50 406)
16 Over 18 and deliver narcotic from
17 Schedule Ill, IV, or V or a
18 nonnarcotic, except flumtrazepam
19 or methamphetamme, from
20 Schedule IN to someone under 18
21 and 3 years junior (RCW
22 69 50 406)
23 Possession of Ephednne,
24 Pseudoephedr►ne, or Anhydrous
25 Ammonia with intent to
26 manufacture
27 methamphetamme (RCW
28 69 50 440)
29 Selling for profit (controlled or
30 counterfeit) any controlled
31 substance (RCW 69 50 410)
32 II Create, deliver, or possess a counterfeit
33 controlled substance (RCW
34 69 50 4011)
35 Deliver or possess with intent to deliver
36 methamphetamme (RCW
37 69 50 401(2)(b))
HB 2116 p 2
1 Delivery of material in lieu of
2 controlled substance (RCW
3 69 50 4012)
4 Maintaining a Dwelling or Place for
5 Controlled Substances (RCW
6 69 50 402(1)(0)
7 Manufacture, deliver, or possess with
8 intent to deliver amphetamine
9 (RCW 69 50 401(2)(b))
10 Manufacture, deliver, or possess with
11 intent to deliver narcotics from
12 Schedule I or II or flun►trazepam
13 from Schedule IV (RCW
14 69 50 401(2)(a))
15 Manufacture, deliver, or possess with
16 intent to deliver narcotics from
17 Schedule III, IV, or V or
18 nonnarcot►cs from Schedule IN
19 (except marijuana, amphetamine,
20 methamphetammes, or
21 flunrtrazepam) (RCW
22 69 50 401(2) (c) through (e))
23 Manufacture, distnbute, or possess with
24 intent to distribute an imitation
25 controlled substance (RCW
26 69 52 030(1))
27 1 Forged Prescription (RCW 69 41 020)
28 Forged Prescription for a Controlled
29 Substance (RCW 69 50 403)
30 Manufacture, deliver, or possess with
31 intent to deliver marijuana (RCW
32 69 50 401(2)(c))
33 ((Possess Controlled Substaitee that is a-
34
35
36
p 3 HB 2116
1
2 that is either heroin or nareettes.
3
4 69 59 4913)))
5 Unlawful Use of Building for Drug
6 Purposes (RCW 69 53 010)
7 Sec 2 RCW 69 50 4013 and 2013 c 3 s 20 (Initiati.ve Measure No
8 502) are each amended to read as follows
9 (1) It is unlawful for any person to possess a controlled substance
10 unless the substance was obtained directly from, or pursuant to, a
11 valid prescription or order of a practitioner while acting in the
12 course of his or her professional practice, or except as otherwise
13 authorized by this chapter
14 (2) (( ,)) Any person who
15 violates this section is guilty of a (( )) misdemeanor
16 punishable under chapter 9A 20 RCW
17 (3) The possession, by a person twenty -one years of age or older,
18 of useable marihuana or marihuana- infused products in amounts that do
19 not exceed those set forth in RCW 69 50 360(3) is not a violation of
20 this section, this chapter, or any other provision of Washington state
21 law
22 NEW SECTION Sec 3 RCW 69 50 4014 (Possession of forty grams or
23 less of marihuana - - Penalty) and 2003 c 53 s 335 are each repealed
- -- END - --
i
HB 2116 p 4
Tn -City officials concerned about drug bill I Local News I Tn- CityHerald com Page 1 of 4
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Tri-C" officials concerned about drug bill
Tyler Richardson, Tri -City HeraldNovember 22, 2013
Facebook Twitter Google Plus Reddit E -mail Print
Tri -City law enforcement officials are concerned about a proposed bill in the state legislature to change the
way first -time drug offenders are charged
The bill would make possession of nearly an ounce and a half of an illegal drug -- 40 grams -- a
misdemeanor, rather than a felony
"It's shocking that someone would propose that," said Richland Police Capt Mike Cobb "For someone to
propose possessing 40 grams of drugs as a misdemeanor is dust shocking It's another attempt to remove
personal accountability from the law "
The bill's sponsor, state Rep Sherry Appleton, D- Paulsbo, doesn't want first -time drug offenders with no
criminal history to have to carry the burden of a felony conviction for their entire lives, she said
Too many people are locked up in prisons across the U S for drug possession, she said
"The last thing you want on your record is a felony," Appleton told the Herald on Friday "You become part of
a permanent underclass We have unintentionally developed an underclass that will never ever get out of
that I think that is absolutely absurd "
Officials around the Tri-Cities called Appleton's bill irresponsible, concerning and a bad piece of public
policy
They say it wouldn't hold offenders accountable for their actions and could increase recidivism rates They
stressed that 40 grams of hard drugs such as methamphetamine, cocaine and heroin is too much for
personal use
Hard drugs fuel a majority of crime in the area and the current law is appropriate for drug offenders, they
say The majority of cases where people are arrested for drug possession involve other crimes Currently,
it's a felony in Washington state to possess any amount of methamphetamine, heroin, cocaine or other
illegal controlled substances
Pasco Police Chief Bob Metzger believes the proposed bill opens the door to the legalization of all drugs,
something he is strongly against, he said It also takes the financial burden off state corrections to keep
offenders incarcerated and puts the responsibility back on local counties
"I don't think there is a benefit to this," he said "This is something we need to be concerned with There is
no benefit to using meth, heroin or cocaine, but we are saying we are going to start reducing charges ?"
Treatment -based alternative sentencing programs like Benton - Franklin Adult Drug Court also give offenders
the opportunity to clean their record, officials said Those who qualify have their felony charge wiped away if
they complete treatment Many counties across the state use the drug court model
http Hwww tri- cityherald com/2013/11/22/ 2692880 /tn- city - officials- concerned -about html 1/16/2014
Tri -City officials concerned about drug bill I Local News I Tn- CityHerald com Page 2 of 4
The drug court program has shown Benton County Sheriff Steve Keane that a majority of drug offenders
need the penalties that go with a felony to motivate them to change, he said
Keane believes defelonizing drug possession gives offenders the opportunity to scam the system and
continue to commit crimes
"I don't think that turning your back on crime and focusing on the things you think are important is the way to
go " he said "Drugs are a huge deal People commit crimes on drugs and kill people in automobile
accidents "
Local prosecutors believe the proposed bill would not accomplish much because first -time drug offenders
don't face prison time anyways, they said The standard range for a first -time drug offender with no criminal
history is zero to 90 days in a local jail
The legislation could actually increase the number of violent crimes because it would put drug addicts back
on the streets, said Benton County Prosecutor Andy Miller Miller believes the treatment options Benton
County and other counties across the state, offer as part of alternative sentencing are adequate
"Drugs like meth, cocaine and heroin cause physical and mental health problems," Miller said "A step like
this would only increase people using and becoming addicted "
Franklin County Prosecutor Shawn Sant doesn't agree with Appleton that there are a lot of offenders in
prison because of drug possession, he said Seven percent of the male population and 17 percent of the
female population in Washington prisons are serving time for drug offenses
Sant is worried the proposed legislation could lead to more crime and hurt local agencies financially, he said
"The concern for the proposed legislation is that this will do nothing to free up the court system," he said
"We are simply moving offenders into our district courts, which will take away more money from cities and
counties as the burden is shifted from the state to local level "
The former police chief in Seattle, Norm Stamper has a different view He thinks the proposed bill will allow
law enforcement agencies to focus more on violent crimes and give young offenders a chance to start over
Stamper is on the advisory committee for Law Enforcement Against Prohibition, or LEAP, an organization
focused on legalizing drugs while creating a system to regulate, distribute and use them
Like Appleton, Stamper emphasized that being charged with a misdemeanor in district court does hold
people accountable and can be an effective form of punishment, he said
"There's an awful lot of experimentation that goes on early in life that is abandoned later in life," Stamper
said "But if you get arrested and charged with a felony that will affect you for the rest of your life -- that is
just not right "
Other lawmakers will have the opportunity to consider the bill when the new legislative session starts in
January, Appleton said
Appleton is hopeful legislators will realize the impact a felony drug conviction can have on a young person's
life, she said
"I have seen this time and time again Some young person gets caught up in this and their life is ruined," she
said "We have to look at our laws and find ways to keep people out of prison "
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Tri -City officials concerned about drug bill ( Local News ( Tn- CityHerald com Page 3 of 4
-- Tyler Richardson 582 -1556, tichardson@tricityherald com, Twitter, @Ty_richardson
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ASS
OF WASHINGTON
CiT ES
Eng-.;.;.-ae--,Yo rtegist altors NoW
A guide to appointments with state legislators
A critical responsibility of city pre - session steps
officials is to advocate for city The Legislature convenes January 13, 2014 for what is hoped will be a short 60 -day
priorities prior to and during session Particularly in a short session, contact with legislators can be challenging
and meetings are typically short Now is the time to connect with legislators and
the upcoming state legislative "Take Action for Cities" while they are still home in their districts Set up individual
session There's no better meetings with legislators, both prior to session and while you are in Olympia,
January 29 -30, 2014 for City Action Days Why not be efficient and schedule both
time than now to 'Take Action meetings before session starts?
for Cities" and engage your Tips on setting up meetings with legislators
legislators You are a critical • Start early! You will likely need to play a -mail or phone "tag" to get meetings
confirmed
voice in convincing legislators
• Find contact information for your legislators online Remember, your city may
that strong cities are at the be represented by more than one legislative district, so make sure to reach out
heart of a great state Face to- to all of your legislators
face meetings and relationship- • Pre - session meetings prior to January 13 can be at city hall or in a local coffee
shop, or perhaps near a transportation or infrastructure project your community
building are the most effective is trying to fund Meetings while the legislature is in session are likely to be held
ways to influence your in the member's office in Olympia, but sometimes staff will reserve a conference
legislators -you can make that room in their office building
• You will likely schedule meetings through a legislative aide Legislative aides
happen through these steps are the gatekeepers for the legislators - don't underestimate their importance
Knowing and being respectful of them can help you get and maintain access to
their bossesi
v - • For Olympia meetings, particularly during a short legislative session, expect 15
minute meetings
• After your first scheduling request, you should follow -up with a phone call to
1 Having been a legislator make sure they received your request and to respond to any questions If you
and now serving as Kent leave a voice mail message or send an a mail, make sure to thank the member
for considering your invitation, and provide contact information Provide specific
mayor for the past eight dates and times that work best, but be flexible
years, 1 can't emphasize Schedule meetings with your legislators during City Action Days (January
29 -30, 2014) Please avoid appointments during the Governor's Luncheon on
enough the importance January 29 and immediately afterwards during AWC briefings on bills and
f priorities Instead schedule a meeting in the morning, before lunch or in the
of staying connected late afternoon Invite them to the AWC Reception that evening at the Red
with local legislators and Lion Hotel Another option is to take your legislators out to dinner after the
_�, reception On January 30, you could invite them to loin you for breakfast or
making sure they know lunch in the large heated tent AWC will have on the legislative campus A final
' need � f idea is to schedule appointments any time after 11 am on January 30 If you
what their ages // need help with scheduling appointments, contact AWC's Regina Adams (re inaa
C ` awcnet ora or 360 753 4137) and she will assist you
- Suzette Cooke, Mayor, Kent
continued
Tips for meetings with legislators Other important guidance
Be prompt and patient When it is Keep it local Demonstrate the Have a clear and focused 2014 City
time to meet, be punctual and be connection between what you are Legislative Agenda It's not too late
patient Dress professionally and requesting and the interests of your for your city to establish its 2014
arrive about 10 minutes before the mutual community When possible, Legislative Agenda, but you should at
appointment time Legislators are use local data, estimated fiscal least have AWC's 2014 Legislative
often very busy and their schedule impacts and stories Local stories Priorities with you as a handout for
changes It is not uncommon in a stick in a legislator's mind and make your meetings Agenda development
busy legislator's office to have to good points during their debates helps unify your officials and keeps
wait because of constantly changing Provide legislators with concrete everyone literally on the same page
schedules During session, legislators examples of how reductions in liquor Your agenda can be a relatively
often have committee meetings or monies, infrastructure funding, short and focused one -page handout
floor action that will arise on short and transportation projects affect that includes AWC's priority issues,
notice If interruptions do occur, your community Talk about how with your city's logo and website
be flexible Also, be prepared and implementing legalized marihuana address, key contact information and
willing to speak with staff Since staff is going to impact your budget If some local flavor about the import
does the background work and often your legislators don't know what of state funding for infrastructure,
makes policy recommendations, it is going on in your city, they may transportation and city services in
is not a snub to have the meeting unintentionally support measures your community
changed from the actual policymaker that harm their communities When
to staff they are well - informed, they can be Mobilize key leaders to support
very helpfull your community's legislative
Be friendly, polite and respectful agenda Prior to session, many cities
Introduce yourself to the legislator Make the ask Be clear on your hold breakfasts, lunches or meetings
or their staff member Always say request and ask for a commitment at the local chamber of commerce
"thank you" before you say "please " Do you want the legislator to vote for local legislators to loin city
Even if you disagree with your yes or no on an upcoming bill, or to officials and key community leaders
elected official's positions on some oppose a particular budget request to review and discuss your city's
issues, they are more likely to listen which would impact your city? Do legislative priorities The week prior
to you if you've found some way to you want him /her to cosponsor to session, January 6 -10, typically
praise them at the beginning of the legislation? In many cases, the works well for such a meeting
meeting Look for common ground response will be "I don't know yet " This also provides your legislators
and always try to end the meeting on Having asked, however, puts you in a forum to share their priorities for
a positive note the position of following up more the session Community leaders can
strategically be very valuable in supporting your
Be concise, specific and have a legislative priorities throughout the
plan After a minute or two of "small Follow up Take notes, particularly session
talk," review your priorities, but if follow up is required Follow up
allow legislator to ask questions the meeting with a thank you note Our updated Advocacy Guide offers
or share observations If you are that highlights the priorities covered tips and suggestions on proven ways
a meeting as part of a group, organize during the meeting, and send along to connect with your legislators and
beforehand the focus and agenda, any additional information and community leaders who can support
and discuss the importance of staying materials requested If you asked for your city's legislative priorities
unified and keeping messages simple a commitment but did not get one, AWC and its Legislative Committee
politely repeat the request and note members will help support you in
Be prepared Whenever possible, that you look forward to a response your advocacy efforts with tools,
bring simple handouts to the Follow -up is important, because it materials, meeting support, strategic
meeting AWC wilt provide you with confirms your commitment to your guidance and the direct advocacy of
i materials you can use Not every requests and helps build a valuable our legislative staff
legislator will be well - informed or relationship between you and your
have past experience in the issues legislator
Materials you produce should be
brief and concise, with information
on how to receive additional We need all 281 cities, and the more than 2,000 city
information if desired Bring extra
copies in case staff members request officials who represent them across the state, to use r -
them Anticipate questions, and if
you don't know an answer, say so - your collective voice and Take Action for Cities
then get the answers right away and
follow up
2014 State legislative Recommendation Highlights ••
Last updated with known activities January 15 2014
The Puget Sound Regional Council's Economic Development Board adopted the 2014 Prosperity
Prosperity Partnership Action Items and Legislative Recommendations on December 4, 2013
A legislative subcommittee has been tasked to review legislative activities on a regular basis to P A R T N E R S H I P
determine if these activities directly support the adopted Legislative Recommendations Information on items that are
supported will be distributed to PSRC Economic Development Board members and members of the Prosperity
Partnership
Support Items
The following legislative activities have been determined to directly support the 2014 Prosperity Partnership Legislative
Recommendations
Legislative subcommittee last reviewed items on January 8, 2014
• Washington Tourism Alliance's (WTA) legislation to adopt a self- assessment model to fund state
marketing activities
➢ Bill HB 2229 ( Bill Tracker - Concerning long -term funding for a state tourism marketing program
Lead Partner(s) Washington Tourism Alliance (WTA)
Prime Sponsors Representatives Morris, Smith
Contact Louise Stanton - Masten ( louise @watourismalliance com
Status House bill referred to Community Development, Housing & Tribal Affairs Hearing schedule for Tuesday,
January 21 8 OOAM
Activities Tourism Summit and Day in Olympia — January 28, 2014 ( http / /bit Iv /1dK9u6n
• Cultural Access Washington legislation to enable local jurisdictions to increase access to the state
cultural institutions
➢ Bill HB 2212 ( Bill Tracker SB 6151 ( Bill Tracker - Concerning the creation of cultural access programs
Lead Partner(s) Cultural Access Washington
Prime Sponsors Representatives Springer, Haler, Senators Hill, Fraser
Contact Carol Albert (carol @ccconsulting -wa com
Additional Info Legislative Summary ( http //bit Iv /IOFZUe
Status House bill referred to Finance
Activities Arts and Heritage Day in Olympia - February 5th, 2014 ( http / /bit Iv /lahs347
• State Transportation Package
➢ Status Letter from Prosperity Partnership Co- Chairs is being finalized and sent to key legislators urging the
adoption of a State Transportation Package
• Securing final assembly of the 777X and associated composite wing fabrication in Washington
➢ Item Governor's proposed budget items supporting 777X program
Lead Partner(s) Washington Aerospace Partnership, WA Office of Aerospace
Contact Alex Pietsch, WA Office of Aerospace ( Alex Pietsch @COMMERCE WA GOV
Additional Info Governor Inslee's Proposed 2014 Supplemental Budget ( http //1 usa gov /1eAE040
Status Proposed budget includes funding for UW to develop a business plan for an advanced materials
R &D /prototyping facility in Snohomish County, WSU to design a School of Advanced Manufacturing & Aerospace
at Everett (CougarAMA), WSU Aviation Biofuels FAA Center of Excellence
Last Updated January 15, 2014
Monitored Items
The following is a list of known legislative activities that have not yet been fully reviewed by the legislative subcommittee
or that are being monitored to determine whether support can be given Activities related to each topic are reviewed and
updated on a regular basis
Education & Workforce Development
Strengthen STEM education in the state's K -12 System
Known Activities
➢ Bill HB 2181 ( Bill Tracker - Authorizing and supporting career and college ready graduation requirements
adopted by the state board of education
Lead Partner(s) Partnership for Learning, Washington STEM
Prime Sponsors Representatives Lytton, Dahlquist
➢ Item Governor's budget for $1 million total for STEM education investments $800K in matching grants to
support a statewide system of regional STEM networks that will provide industry internships for up to 100
students and test, evaluate and codify best practices and share cost - effective and scalable models statewide
$150K to give K -12 teachers the tools they need to deliver real -world STEM instruction
Lead Partner(s) Partnership for Learning, Washington STEM
Additional Info Governor inslee's Proposed 2014 Supplemental Budget ( http //1 usa gov/1eAE04
STEM Information sheet ( http / /bit Iy /1d211XO
Support a more sustainable and accountable state higher education system that meets industry needs for STEM and
other high demand fields
Known Activities
➢ Item Budget requests by community and technical colleges to grow high demand enrollments and facilities
statewide
Lead Partner(s) Washington State Board for Community and Technical Colleges ( SBCTC)
Additional Info SBCTC 2014 Legislative Agenda ( http / /bit ly /KhKSsC
Business Climate
Develop tools to support new economic development projects and attract and grow new businesses and investment
Known Activities
➢ Bill Value Capture Financing bill to be dropped with changes from previous versions
Prime Sponsors Representative Springer
Additional Info PSRC Value Capture Financing Report (http / /bit Iv /KfnCN4
➢ Bill HB 1648 ( Bill Tracker - Providing for community economic revitalization in incorporated areas
Prime Sponsors Representatives Appleton, Johnson
Entrepreneurship & Innovation
Renew tax credits for organizations involved in research and development
Known Activities
➢ Bill HB 1303 ( Bill Tracker - Extending the business and occupation tax credit for research and development
Lead Partner(s) Washington Tech Cities Coalition, Washington Biotechnology & Biomedical Association (WBBA)
Prime Sponsors Representatives Morris, Angel
➢ Item Proposed 1 -year extension of credit, including working group to develop a more focused R &D tax credit for
the future
Additional Info Governor inslee's Proposed 2014 Supplemental Budget ( http //1 usa gov/IeAE04
Updated January 15, 2014
OlEG`'4 •
Kitsap Regional
Coordinating Council
03 0
Chair
Commissioner Josh Brown ❖ Kitsap Legislative Focus 2014
Kitsap County
Vice Chair Tm �,_
Mayor Tim Matthes •: SUPPMT $COROJEC DEALOPINT
City of Port Orchard
Commissioner Charlotte Garrido
Commissioner Robert Gelder
Kitsap County Provide Infrastructure Necessary to Grow
Mayor Patty Lent s
Council Member Faye Flemister o Transportation Package
Council Member Greg Wheeler
Council Member Leslie Daugs * • Sustainable Ferry Service
City of Bremerton ✓ Adequate Maintenance & Operations
Mayor Steve Bonkowski ❖ ✓ Construct 3 144 -car Vessel
Council Member Anne Blair
Council Member Debbi Lester * ■ Share Revenue County, City, Transit
City of Bainbridge Island
■
Council Member Carolyn Powers Extend Regulatory Reforms & Efficiencies to Local Government
Council Member Jeff Cartwnght *
"ity of Port Orchard
o Focus on Work -Force Development
Mayor Becky Erickson e g Support for the Kitsap Aerospace & Defense Alliance
Council Member Ed Stem
City of Poulsbo
Council Chair Leonard Forsman o Protect the Public Works Trust Fund
Rob Purser
Suquamish Tnbe * **
Council Chair Jeromy Sullivan o Reconcile Recent Storm -water Requirements With GMA Goals for Urban In -fill
Council Member Dawn Purser*
Port Gamble SKlallamTnbe * ** and Redevelopment
Commissioner Axel Strakellahn
Commissioner Larry Stokes
Port of Bremerton Continue WA State's ADO Funding (Kitsap Economic Development Alliance)
Captain Tom Zwolfer
Tom Danaher PAO
Naval Base Kitsap **
Mary McClure * Preserve and Restore Shared Revenue e g Liquor, Criminal Justice
Executive Management
McClure Consulting LLC
* Alternate
* * Ex Officio Member
* ** Associate Member
4* Executive Committee
P 0 Box 1934
Kingston WA 98346
160 377 -4900 (voice)
,0 297 7762 (fax) Adopted by the KRCC Executive Board, November 26, 2013
www KitsapRegionalCouncd orq
�! Ope Government
Open Public etings A ct
Con fl icts terest
Appearance' of aimes��
January 22, 2014
�I OPEN PUBLIC MEETINGS ACT
"Requirements
All meetings of the go erring bo of a
public agency shall be pen and'p
and all persons shall � �ermitted�,'ito /
i attend any meeting of the govemi 9 body
of a public agency, �ex�ep�, as othet� vise
provided in this chapter." RCW 42.30.030.
1
OPEN PUBLIC MEETINGS ACT
i
� "The OPMA's purpose permit citizens �\
access to an agency's de i ter v. �
City of Spokane, 128 W , p. 1 (2005,.
OPEN PUBLIC MEETINGS ACT
The Act applies:
• To meetings
• Of a governing body
• Of a public agency
• Where action is tai
But of course: there are exceptions to public
meetings!
OPEN PUBLIC MEETINGS ACT
The Exceptions: ---
■ The OPMA allows a gove ing bo y of ourn into
executive session. RCW 4 .30.110
■ There are certain actions t allow the go erning
body to simply hold a "c o e exempt se ion,"
which is something di ffere t from an exe utive
session. RCW 42.30.14/0
■Exempt from the Open Public Meetings Act
• No notice required
I,
OPEN PUBLIC MEETINGS ACT
• The Act only requires ie mee'f ��g of the
governing body be ope to the public. /
• It does not require t e public I e
allowed to participa e n t meeting. / I,
■except for public heanngs.
OPEN PUBLIC MEETINGS ACT
To prevail in an action under the OPMIAa
� plaintiff must demonstrate:
• That members of the go rning body;
• Held a meeting;
• Where the governing b y ook actions i violatio
of the OPMA; and \
• the members of the governing body, -had ,.
knowledge that the meeting violated the' statute.
Eugster v. City of Spokane, 128 Wn. App. 1 (2005).
i
OPEN PUBLIC MEETINGS ACT
■Action taken by the ove i
violation of the act 11 � declared lal[ and
rn i� -bod w
void. RCW 42.30.060.
• A member of the gove iiag body w attends
a meeting with knowled e �pf a violat }on i s
subject to civil penalty o 'f $1,00.00 ass ssed by
a superior court judge. RCW'42.3
OPEN PUBLIC MEETINGS ACT
■Finally, any person wha. "evafls ag iist a
0
public agency in a chall ge to acts' n under
the OPMA is entitled t award psts an
attorney fees. RCW 4 0 0.1200
OPEN PUBLIC MEETINGS ACT
■ Definitions:
(1) "Public Agency" me ns
(a) any state board, mmission,,
committee, department ucationali � stitutio ,
or other state agency whic is create by or
pursuant to statute, o her than courts d the
legislature; RCW 4 `� '
OPEN PUBLIC MEETINGS ACT
(b) Any county, city, school di ,
special purpose district er m n ipal
corporation or political bdivision� the State
of Washington;
(c) Any subagency c�f public agincy
which is created by or p rs ant to sta te, ordinance, or other legislativding
e act, in�l
but not limited to planning commission library
or park boards, commissions, agencies (ie
"Council Committee ");
OPEN PUBLIC MEETINGS ACT
i
(2) "Governing body" means th
multimember board, cores or n, c'� � mittee,
council, or other policy r rule -ma g body
of a public agency, or a committ ie hereof
when the committee a�t� o behalf of' he
body, cond�u s hparingslor takes
governing � ��j
testimon y or public comment. RC-W
42.30.020.
OPEN PUBLIC MEETINGS ACT
(3) "Action" means the transaction of t
business of a public agency by 4-g-oy g
including but not limited to e�ipt o' - fpu��
testimony, deliberations, di ussions,
considerations, reviews, ev uations, ani anal
actions.
"Final action" mean c �ilective pos ve or
negative decision, or an actual vote by a ffiaj'ority ' of
the members of a governing body when sittg as a
body or entity, upon a motion, proposal, resolution,
order, or ordinance." RCW 42.30.020
I, OPEN PUBLIC MEETINGS ACT i
I ! ■The Act also applies to b agencies of a
governing body, if that
b agency wa$ created,
by statute, ordinance or� ame other 1 islative�
act. RCW 42.30.020(1(� )\ ' �, /
■ (e.g., Planning Con Boazd� Libr4ry
Board, Council Comm etc.)
_ _-
i
OPEN PUBLIC MEETINGS ACT
■ When trying to decide er e MA
applies to a subagency a govern*
body, it
is necessary to:
■ Determine if the subag c was create by a
legislative act; and /
■ Determine whether tl, e s bagency `acts(" within
the definition of "Action." '�
OPEN PUBLIC MEETINGS ACT
j
The Attorney General's Offie�i�Yetpr��fe the
' Act shortly afrer it had b'�en adopte
� concluded that there is subagency!,underth�
Act unless the subage y ossesses ' me
aspect of policy or ru ema in authity. /
j
GO,--1-97-fNo,, 33.
1
i
OPEN PUBLIC MEETINGS ACT
i
■ If a subagency (e.g. a boa r-d r a hoc
committtee) is advisory nly, and it deice is
not necessary in order f the gove i g body
to act, then it is not a s envy and the
Act, and the require m n s of the OP do r}ot
apply to that group's, activities. �_ �
� COUNCIL COMMITTEE
i
City Council Committee as a Subagency
• Created by legislative ac u-,crun olicy)
• Takes action —more than st advisory
City Council Quorum
■Committee has 3 member t prevent q�u( of
the City council
• A council member attending in. the audie - c�-e
creates a council quorum whether or not
participating. (AGO 2010 No. 9)
COUNCIL COMMITTEE
Although your request fra - - n based
on whether or not the cou il membe
"participate" in the standi committee s
meeting, the relevant in is whethe the
council members take ciion while at ding
the meeting.
(AGO 2010 No. 9)_
I, OPEN PUBLIC MEETINGS ACT
Beyond the requirement t tings of a
governing body of a publi agency be o en to
the public, what else is re *red unden t e /I �
OPMA96
Notice
I
OPEN PUBLIC MEETINGS ACT
Meetings A governing body of a
agency shall take action o e g open
to the public &where the ate of th etin � g;
• Is fixed by law or rule (r ular meeti g
■ The governing body u t establish a � ime for
holding regular meeti y ordinan
resolution or some tYier official act o �
• Where notice has been given according to the
provisions of the OPMA. (special meeting)
■ 24 hour notice
OPEN PUBLIC MEETINGS ACT
I ! No governing body of a p " &c agency a any
meeting required to be op to the pudic shall �
� vote by secret ballot. An te taken }n,'
of this subsection shall be ull and void! RCW/
42.30.060.
l_
OPEN PUBLIC MEETINGS ACT
Executive Sessions The statutory reasomn
into executive session are outlin .ci iii 4 .110.
Examples:
• Selection or price of rea roperty
• Evaluate complaints br g t against a� � blic
officer or employee
■Review qualifications of applicant for '
employment or review performance of,public
employee
• Review pending or potential litigation
OPEN PUBLIC MEETINGS ACT
Executive sessions -Note:
• Nofinal action may be to �ri�i "t1ie ex � ive
session.
• Materials used in an exec e session a be
subject to disclosure and r th Public Ric rds Act.
• The public needs to be in f o rme d as to wh� the
executive session begins, and when itis- s duled to
end.
■ Do not re- convene the public meeting earlier than
announced.
OPEN PUBLIC MEETINGS ACT
Difference between "Executive S11111�-Ijii
"Closed Exempt Session "
• Executive Sessions are sub' ct to the OP
• The OPMA specifically s es 't does not a ply to
four types of discussions R \42.30.14'0.
• When the OPMA does not apply, the governing body
can hold a Closed Exempt Session.
OPEN PUBLIC MEETINGS ACT
Exempt Closed Session:
There are four types of disgussions t PMA
doesnotapplyto. Thetw thatare h eI yto
come up in a municipal s t gare:
I
• Matters relating to collet ive�bargainin
• That portion of a quasi judicial body w 'ch
relates to a quasi-judicial matter between named
parties..., and
CONFLICT OF INTEREST
Statutory Provisions:
• Code of Ethics for municip officers. (C . 2.23 RCW)
■City Code of Ethics. (Chapt .96 BMC)
■Adopts provisions of Chap e 42. 52 RCW
• References Appearance o Fairness in Chapter 2.36 RCW
• Appearance of Fairness Doctrine. (Ch: 4 - 6 RCV)'
CONFLICT OF INTEREST
jjjj��� 111 1111jr
Code of Ethics - Ch. 42.23 RC
The requirements are mai - cone me � ith
prohibited interests by m bers of a verning
body in contracts.
• No municipal officer s 1 e beneficial..
interested in a contrac 1 of accept compen, ation
from such contract. CW 42.23.030)
• Violations — Contract void &officer may be liable
to municipality for penalty of $500.00 &grounds
for forfeiture of office. (RCW 42.23.050)
CONFLICT OF INTEREST
Exception - "Remote interest" in contract not
prohibited: I :�
• Non salaried officer of a onprofit co
• Employee or agent of a tracting pa where t
compensation consists ir ly of fixed ages or
salary;
• Landlord or tenant of a contracting party
• Holder of less than 1 % of the shares of a
corporation which is a contracting party.
CONFLICT OF INTEREST
In addition - No municipal officer maj •
• use his or her position to secure - e� 1 es.
• give or receive any compen tion or gift f, r matter
related to the officer's servic
• accept employment or engii business o , ofessiona
activity that would requir him or her to dis',cl i e
confidential information acquired by reason his or her
position.
■disclose confidential information gained by reason of the
officer's position, nor use such information for his or her
personal gain or benefit. (RCW 42.23.070)
CITY CODE OF ETHICS
Chapter 2.96 BMC - Some of the provis'� -ado
• RCW 42 52 020 Activities incompatible wi hM �se�ce
• RCW 42 52 030 (1) &(3) Financial interests transactions
• RCW 42.52.040 Assisting in transactions
• RCW 42.52.050 Confidential informatio - Improperly conce ile records
• RCW 42.52.070 Special Privileges
• RCW 42 52 080 Employment after pu li se ice
• RCW 42.52.130 Honoraria
• RCW 42.52.140 Gifts
• RCW 42.52.150 Limitation on gifts
• RCW 42.52.160 &(2) Use of persons, money, or property for private gain
• RCW 42 52.170 Giving, paying, loaning, etc., anything of economic value
APPEARANCE OF FAIRNESS
Applies to local land use cisions t �C ;Faire quasiJudicial in nature. It oes not app y to
legislative or policy-mak* decisions h. 42 .36
RCW)
i
APPEARANCE OF FAIRNESS
• Requires disclosures of ex arte
communications with s off' public
when a quasi-judicial ac on is "pen g"
■After disclosure of ex p e commu i i ations,
the substance of the co M, nications re
subject to rebuttal. /
■The timing for rebuttal of the disclosure is: as
soon as the basis for disqualification is made
known to the individual.
APPEARANCE OF FAIRNESS
� "Anyone seeking to rely on the appearance
doctrine to disqualify a member � - n a ing
body from participating in a d cision must tse the
challenge as soon as the basi or disquali ation is
made known to the individua here the Ba is is
known or should reasonabl a e been knio n prior t
the issuance of a decision and is not raised, It ay no 7
be relied on to invalidate the decision." RCW
42.36.080.
APPEARANCE OF FAIRNESS
i
� Lack of Quorum — Doctrine of Neese
� If a challenge to the particAgato of mber(s) IV of a governing body woul result in l�s than a
quorum -the Act allows challenge
member(s) to fully partici a in order � o allo a
quorum to be present to take a\ Tb iasis tion for
disqualification was d
APPEARANCE OF FAIRNESS
i
� Violations:
Remedy for violation is a - hearing - of
damages Alger v. City ofMuk Z e 107 Wn. 2nd 1,(1987)
p u� q I
JLN:IIVNH:4AOD N:4dO
Public Records Act
� Bremerton Ci � Council
January 2 �0
Presenter % a}�k 4�oontz
i Public Records Act
Chapter 42.56 RCW
Why did the Legislature enact th
PRA ?
"The people of this stat do not yi their
sovereignty to the age 'es that sere them.
The people, in delega authority, o not
give their public ser�Jar�is he right It � decide
what is good for the elo ple , to know, qnd
what is not good for hem to know. The
people insist on remaining informed so that
they may maintain control over the
instruments that they have created."
RCW 42.56.030
What Is a Public Record?
A "public record" is:
• A "writing"
• That contains
• Relating tog ernment co uct or
performance
• That is prep ,owned, us , or
retained �
• By a state or loca agency
i
WHAT IS A WRITING?
• hard copy docu:11, 112.1e
• videos
• pictures
• emails
• metadata
i
WHAT IS A REQUEST FORA �!
PUBLIC RECORD
• E-mail
•Verbal (redu to writin �
•letter � f i, \
WHO RESPONDS TO
REQUESTS?
*Our Public Record s?� City
Clerk i s
• For easily identifi'�abl documefft any �
employee may pro�id the docuent. � j
i
THE 5 -DAY RESPONSE
• Permissible responses:
1) Provide the requ� -e
records
2) Deny the re est and
explain wh
3) Acknowle e e
request an give, a
reasonable estimate of
the time /required "to ---
respond
4) Ask for clarification
of the request
i
■ Agency may not inquire of tai
ol
for the request.
■ If the requester d not provi I
clarification, the e � icy need n �
respond to the r -q i es \
WHAT IS AN "IDENTIFIABLE"
PUBLIC RECORD
• A person requesting cords mu 1wt tate the
request with suffici clarity tog e the
agency fair notice �t t has recei ed a
request for a public �ecord.
• Agency need not prepare a document.
COSTS ASSOCIATED WITH
PUBLIC RECORDS
I, REQUEST
1) An agency may te 0 s al
costs for providin of��ublic
records — 150 p age after) first 50
pages i
� 2) An agency may requdep ire a sit of �
up to 10% of/ e! estimated cost, �
3) No charge for documents in
electronic format sent by email
4) $2 charge for documents put on CD
i
I, WHAT ABOUT SOCIAL
MEDIA?
• Posts are pub C record! �
j • Administrates � working 'o�
social media policy
i
DO'S AND DON'TS
DO
• Inform Council staff o es lic
records (written and v al)
• Forward all electrons mmunicatio to
Council staff
• Communicate elect- ro ically using Ci Council
email
• Verify verbal request in writing
• Use your City laptop for City business
DON'TS
• Don't communicate us ni es�s sing
your private email — e City po i y
• Avoid creating unn e ary publi
documents
• Don't keep a public records request to
yourself
THE CONSEQUENCES OF
VIOLATING THE PRA
■All Costs, includ' s fees
■
("JP to 5100/day"'�'!�� t thep., rson w � � \
d enied access.
■Your personal \ uter c ld t
d
seized.
Chapter 2 96 CODE OF ETHICS Page 1 of 1
2 96.030 VIOLATIONS
(1) The following Sections of the Revised Code of Washington, and any
amendments thereto, are hereby adopted by reference This Ethics Code and
Chapter 42 23 RCW shall control over any conflicting provisions adopted
under this Section Any reference to State, or similar references, shall be
interpreted to refer to the City of Bremerton
RCW 42 52 020 Activities incompatible with public service
RCW 42 52 030 (1) &(3) Financial interests in transactions
RCW 42 52 040 Assisting in transactions
RCW 42 52 050 Confidential information - Improperly concealed records
RCW 42 52 060 Testimony of state officials and state employees
RCW 42 52 070 Special Privileges
RCW 42 52 080 Employment after public service
RCW 42 52 090 Limited assistance by former state officers and employees
RCW 42 52 100 (1) Conditions on appearance before state agencies
RCW 42 52 110 (1) Compensation for official duties or nonperformance
RCW 42 52 130 Honoraria
RCW 42 52 140 Gifts
RCW 42 52 150 Limitation on gifts
RCW 42 52 160 (1) &(2) Use of persons, money, or property for private gain
RCW 42 52 170 Giving, paying, loaning, etc, anything of economic value
(2) Appearance of fairness No public officer or employee with decision -
making authority shall participate in or influence any pending quasi - judicial
proceeding whom
(a) Has a financial interest in the matter,
(b) Has pre fudged the merits before hearing, or
(c) Has a personal bias for or against any party affected by the
action
Provided, however, an officer may participate under the exceptions provided
under chapter 42 36 RCW Any contacts with an opponent or proponent by a
decision - making official regarding a pending quasi-judicial proceeding is
prohibited unless disclosure is made on the record pursuant to RCW
42 36 060 (Ord 4654, Repealed & Replaced, 08/07/1999)
http / /www codepublishmg com/ waBremerton /htmlBremerton02 /BremertonO296 html 1/22/2014
RCW 42 52 020 Activities incompatible with public duties Page 1 of 1
RCW 42.52.020
Activities incompatible with public duties.
No state officer or state employee may have an interest, financial or otherwise, direct or indirect, or
engage in a business or transaction or professional activity, or incur an obligation of any nature, that is
in conflict with the proper discharge of the state officer's or state employee's official duties
(1996c213 §2, 1994c154§ 102]
http //apps leg wa gov /rcw /default aspx ?cite =42 52 020 1/22/2014
RCW 42 52 030 Financial interests in transactions Page 1 of 1
RCW 42.52.030
Financial interests in transactions.
(1) No state officer or state employee, except as provided in subsection (2) of this section, may be
beneficially interested, directly or indirectly, in a contract, sale, lease, purchase, or grant that may be
made by, through, or is under the supervision of the officer or employee, in whole or in part, or accept,
directly or indirectly, any compensation, gratuity, or reward from any other person beneficially interested
in the contract, sale, lease, purchase, or grant
(2) No state officer or state employee may participate in a transaction involving the state in his or her
official capacity with a person of which the officer or employee is an officer, agent, employee, or
member, or in which the officer or employee owns a beneficial interest, except that an officer or
employee of an institution of higher education or the *Spokane intercollegiate research and technology
institute may serve as an officer, agent, employee, or member, or on the board of directors, board of
trustees, advisory board, or committee or review panel for any nonprofit institute, foundation, or fund-
raising entity, and may serve as a member of an advisory board, committee, or review panel for a
governmental or other nonprofit entity
(2005 c 106 § 2, 1996 c 213 § 3, 1994 c 154 § 103 ]
Notes:
*Reviser's note The Spokane intercollegiate research and technology institute was abolished by
2011 1st sps c14 §17
http //apps leg wa gov /rcw /default aspx ?cite =42 52 030 1/22/2014
RqW 42 52 040 Assisting in transactions Page 1 of 1
RCW 42.52.040
Assisting in transactions.
(1) Except in the course of official duties or incident to official duties, no state officer or state employee
may assist another person, directly or indirectly, whether or not for compensation, in a transaction
involving the state
(a) In which the state officer or state employee has at any time participated, or
(b) If the transaction involving the state is or has been under the official responsibility of the state
officer or state employee within a period of two years preceding such assistance
(2) No state officer or state employee may share in compensation received by another for
assistance that the officer or employee is prohibited from providing under subsection (1) or (3) of this
section
(3) A business entity of which a state officer or state employee is a partner, managing officer, or
employee shall not assist another person in a transaction involving the state if the state officer or state
employee is prohibited from doing so by subsection (1) of this section
(4) This chapter does not prevent a state officer or state employee from assisting, in a transaction
involving the state
(a) The state officer's or state employee's parent, spouse or domestic partner, or child, or a child
thereof for whom the officer or employee is serving as guardian, executor, administrator, trustee, or
other personal fiduciary, if the state officer or state employee did not participate in the transaction, or
(b) Another state employee involved in disciplinary or other personnel administration proceedings
[2008 c 6 § 203, 1994 c 154 § 104 ]
Notes:
Part headings not law -- Severability -- 2008 c 6 See RCW 26 60 900 and 26 60 901
http / /apps leg wa gov /rcw /default aspx =42 52 040 1/22/2014
RCW 42 52 050 Confidential information — Improperly concealed records Page 1 of 1
RCW 42.52.050
Confidential information — Improperly concealed records.
(1) No state officer or state employee may accept employment or engage in any business or
professional activity that the officer or employee might reasonably expect would require or induce him
or her to make an unauthorized disclosure of confidential information acquired by the official or
employee by reason of the official's or employee's official position
(2) No state officer or state employee may make a disclosure of confidential information gained by
reason of the officer's or employee's official position or otherwise use the information for his or her
personal gain or benefit or the gain or benefit of another, unless the disclosure has been authorized by
statute or by the terms of a contract involving (a) the state officer's or state employee's agency and (b)
the person or persons who have authority to waive the confidentiality of the information
(3) No state officer or state employee may disclose confidential information to any person not
entitled or authorized to receive the information
(4) No state officer or state employee may intentionally conceal a record if the officer or employee
knew the record was required to be released under chapter 42 56 RCW, was under a personal
obligation to release the record, and failed to do so This subsection does not apply where the decision
to withhold the record was made in good faith
[2005 c 274 § 292, 1996 c 213 § 4, 1994 c 154 § 105 ]
Notes:
Part headings not law -- Effective date -- 2005 c 274 See RCW 42 56 901 and 42 56 902
http //apps leg wa gov /rcw /default aspx ?cite =42 52 050 1/22/2014
RCW 42 52 060 Testimony of state officers and state employees Page 1 of 1
RCW 42.52.060
Testimony of state officers and state employees.
This chapter does not prevent a state officer or state employee from giving testimony under oath or
from making statements required to be made under penalty of perjury or contempt
[1994 c 154 § 106 ]
http / /apps leg wa gov /rcw /default aspx ?cite =42 52 060 1/22/2014
RCW 42 52 070 Special privileges Page 1 of 1
RCW 42.52.070
Special privileges.
Except as required to perform duties within the scope of employment, no state officer or state employee
may use his or her position to secure special privileges or exemptions for himself or herself, or his or
her spouse, child, parents, or other persons
[1994 c 154 § 107 )
r
http / /apps leg wa gov /rcw /default aspx ?cite =42 52 070 1/22/2014
RCW 42 52 080 Employment after public service Page 1 of 1
RCW 42.52.080
Employment after public service.
(1) No former state officer or state employee may, within a period of one year from the date of
termination of state employment, accept employment or receive compensation from an employer if
(a) The officer or employee, during the two years immediately preceding termination of state
employment, was engaged in the negotiation or administration on behalf of the state or agency of one
or more contracts with that employer and was in a position to make discretionary decisions affecting the
outcome of such negotiation or the nature of such administration,
(b) Such a contract or contracts have a total value of more than ten thousand dollars, and
(c) The duties of the employment with the employer or the activities for which the compensation
would be received include fulfilling or implementing, in whole or in part, the provisions of such a
contract or contracts or include the supervision or control of actions taken to fulfill or implement, in
whole or in part, the provisions of such a contract or contracts This subsection shall not be construed
to prohibit a state officer or state employee from accepting employment with a state employee
organization
(2) No person who has served as a state officer or state employee may, within a period of two years
following the termination of state employment, have a direct or indirect beneficial interest in a contract
or grant that was expressly authorized or funded by specific legislative or executive action in which the
former state officer or state employee participated
(3) No former state officer or state employee may accept an offer of employment or receive
compensation from an employer if the officer or employee knows or has reason to believe that the offer
of employment or compensation was intended, in whole or in part, directly or indirectly, to influence the
officer or employee or as compensation or reward for the performance or nonperformance of a duty by
the officer or employee during the course of state employment
(4) No former state officer or state employee may accept an offer of employment or receive
compensation from an employer if the circumstances would lead a reasonable person to believe the
offer has been made, or compensation given, for the purpose of influencing the performance or
nonperformance of duties by the officer or employee during the course of state employment
(5) No former state officer or state employee may at any time subsequent to his or her state
employment assist another person, whether or not for compensation, in any transaction involving the
state in which the former state officer or state employee at any time participated during state
employment This subsection shall not be construed to prohibit any employee or officer of a state
employee organization from rendering assistance to state officers or state employees in the course of
employee organization business
(6) As used in this section, "employer" means a person as defined in RCW 42 52 010 or any other
entity or business that the person owns or in which the person has a controlling interest For purposes
of subsection (1) of this section, the term "employer" does not include a successor organization to the
rural development council under chapter 43 31 RCW
[1999 c 299 § 3, 1994 c 154 § 108 ]
http / /apps leg wa gov /rcw /default aspx =42 52 080 1/22/2014
RCW 42 52 090 Limited assistance by former state officers and employees Page 1 of 1
RCW 42.52.090
Limited assistance by former state officers and employees.
This chapter shall not be construed to prevent a former state officer or state employee from rendering
assistance to others if the assistance is provided without compensation in any form and is limited to one
or more of the following
(1) Providing the names, addresses, and telephone numbers of state agencies or state employees,
(2) Providing free transportation to another for the purpose of conducting business with a state
agency,
(3) Assisting a natural person or nonprofit corporation in obtaining or completing application forms or
other forms required by a state agency for the conduct of a state business, or
(4) Providing assistance to the poor and infirm
[1994c154 §109]
http //apps leg wa gov /rcw /default aspx ?cite =42 52 090 1/22/2014
RCW 42 52 100 Conditions on appearance before state agencies or doing business with t Page 1 of 1
RCW 42.52.100
Conditions on appearance before state agencies or doing business
with the state — Hearing — Judicial review.
(1) The head of an agency, upon finding that any former state officer or state employee of such agency
or any other person has violated any provision of this chapter or rules adopted under it, may, in addition
to any other powers the head of such agency may have, bar or impose reasonable conditions upon
(a) The appearance before such agency of such former state officer or state employee or other
person, and
(b) The conduct of, or negotiation or competition for, business with such agency by such former
state officer or state employee or other person, such period of time as may reasonably be necessary or
appropriate to effectuate the purposes of this chapter
(2) Findings of violations referred to in subsection (1)(b) of this section shall be made on record after
notice and hearing, conducted in accordance with the Washington Administrative Procedure Act,
chapter 34 05 RCW Such findings and orders are subject to judicial review
(3) This section does not apply to the legislative or judicial branches of government
[1994 c 154 § 110, 1969 ex s c 234 § 27 Formerly RCW 42 18 270 ]
http //apps leg wa gov /rcw /default aspx ?cite =42 52 100 1/22/2014
RCW 42 52 110 Compensation for official duties or nonperformance Page 1 of 1
RCW 42.52.110
Compensation for official duties or nonperformance.
No state officer or state employee may, directly or indirectly, ask for or give or receive or agree to
receive any compensation, gift, reward, or gratuity from a source for performing or omitting or deferring
the performance of any official duty, unless otherwise authorized by law except (1) The state of
Washington, or (2) in the case of officers or employees of institutions of higher education or of the
*Spokane intercollegiate research and technology institute, a governmental entity, an agency or
instrumentality of a governmental entity, or a nonprofit corporation organized for the benefit and support
of the state employee's agency or other state agencies pursuant to an agreement with the state
employee's agency
[1996c213 §5, 1994c154 §111 ]
Notes:
*Reviser's note The Spokane intercollegiate research and technology institute was abolished by
20111stsps c14 §17
http //apps leg wa gov /rcw /default aspx ?cite =42 52 110 1/22/2014
RQW 42 52 130 Honoraria Page 1 of 1
RCW 42.52.130
Honoraria.
(1) No state officer or state employee may receive honoraria unless specifically authorized by the
agency where they serve as state officer or state employee
(2) An agency may not permit honoraria under the following circumstances
(a) The person offering the honorarium is seeking or is reasonably expected to seek contractual
relations with or a grant from the employer of the state officer or state employee, and the officer or
employee is in a position to participate in the terms or the award of the contract or grant,
(b) The person offering the honorarium is regulated by the employer of the state officer or state
employee and the officer or employee is in a position to participate in the regulation, or
(c) The person offering the honorarium (i) is seeking or opposing or is reasonably likely to seek or
oppose enactment of legislation or adoption of administrative rules or actions, or policy changes by the
state officer's or state employee's agency, and (ii) the officer or employee may participate in the
enactment or adoption
[1994c154 §113]
http / /apps leg wa gov /rcw /default aspx =42 52 130 1/22/2014
RGW 42 52 140 Gifts Page 1 of 1
RCW 42.52.140
Gifts.
No state officer or state employee may receive, accept, take, seek, or solicit, directly or indirectly, any
thing of economic value as a gift, gratuity, or favor from a person if it could be reasonably expected that
the gift, gratuity, or favor would influence the vote, action, or judgment of the officer or employee, or be
considered as part of a reward for action or inaction
[1994c154 §114]
http / /apps leg wa gov /rcw /default aspx ?cite =42 52 140 1/22/2014
RCW 42 52 150 Limitations on gifts Page 1 of 3
RCW 42.52.150
Limitations on gifts.
(1) No state officer or state employee may accept gifts, other than those specified in subsections (2)
and (5) of this section, with an aggregate value in excess of fifty dollars from a single source in a
calendar year or a single gift from multiple sources with a value in excess of fifty dollars For purposes
of this section, "single source" means any person, as defined in RCW 42 52 010, whether acting
directly or through any agent or other intermediary, and "single gift" includes any event, item, or group
of items used in conjunction with each other or any trip including transportation, lodging, and attendant
costs, not excluded from the definition of gift under RCW 42 52 010 The value of gifts given to an
officer's or employee's family member or guest shall be attributed to the official or employee for the
purpose of determining whether the limit has been exceeded, unless an independent business, family,
or social relationship exists between the donor and the family member or guest
(2) Except as provided in subsection (4) of this section, the following items are presumed not to
influence under RCW 42 52 140, and may be accepted without regard to the limit established by
subsection (1) of this section
(a) Unsolicited flowers, plants, and floral arrangements,
(b) Unsolicited advertising or promotional items of nominal value, such as pens and note pads,
(c) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall
memento, or similar item,
(d) Unsolicited items received by a state officer or state employee for the purpose of evaluation or
review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of
the item by the officer's or employee's agency,
(e) Informational material, publications, or subscriptions related to the recipient's performance of
official duties,
(f) Food and beverages consumed at hosted receptions where attendance is related to the state
officer's or state employee's official duties,
(g) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust
or otherwise accepted and solicited for deposit in the legislative international trade account created in
RCW 43 15 050,
(h) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, in trust
or otherwise accepted and solicited for the purpose of promoting the expansion of tourism as provided
for in *RCW 43 330 090,
(i) Gifts, grants, conveyances, bequests, and devises of real or personal property, or both, solicited
on behalf of a national legislative association, 2006 official conference of the national lieutenant
governors' association, or host committee for the purpose of hosting an official conference under the
circumstances specified in RCW 42 52 820 and section 2, chapter 5, Laws of 2006 Anything solicited
or accepted may only be received by the national association or host committee and may not be
commingled with any funds or accounts that are the property of any person,
0) Admission to, and the cost of food and beverages consumed at, events sponsored by or in
conjunction with a civic, charitable, governmental, or community organization, and
http //apps leg wa gov /rcw /default aspx ?cite =42 52 150 1/22/2014
RCW 42 52 150 Limitations on gifts Page 2 of 3
(k) Unsolicited gifts from dignitaries from another state or a foreign country that are intended to be
personal in nature
(3) The presumption in subsection (2) of this section is rebuttable and may be overcome based on
the circumstances surrounding the giving and acceptance of the item
(4) Notwithstanding subsections (2) and (5) of this section, a state officer or state employee of a
regulatory agency or of an agency that seeks to acquire goods or services who participates in those
regulatory or contractual matters may receive, accept, take, or seek, directly or indirectly, only the
following items from a person regulated by the agency or from a person who seeks to provide goods or
services to the agency
(a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads,
(b) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall
memento, or similar item,
(c) Unsolicited items received by a state officer or state employee for the purpose of evaluation or
review, if the officer or employee has no personal beneficial interest in the eventual use or acquisition of
the item by the officer's or employee's agency,
(d) Informational material, publications, or subscriptions related to the recipient's performance of
official duties,
(e) Food and beverages consumed at hosted receptions where attendance is related to the state
officer's or state employee's official duties,
(f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in
conjunction with a civic, charitable, governmental, or community organization, and
(g) Those items excluded from the definition of gift in RCW 42 52 010 except
(i) Payments by a governmental or nongovernmental entity of reasonable expenses incurred in
connection with a speech, presentation, appearance, or trade mission made in an official capacity,
(ii) Payments for seminars and educational programs sponsored by a bona fide governmental or
nonprofit professional, educational, trade, or charitable association or institution, and
(iii) Flowers, plants, and floral arrangements
(5) A state officer or state employee may accept gifts in the form of food and beverage on infrequent
occasions in the ordinary course of meals where attendance by the officer or employee is related to the
performance of official duties Gifts in the form of food and beverage that exceed fifty dollars on a single
occasion shall be reported as provided in chapter 42 17A RCW
(2011 c60§29, 2006 c 5 § 3, 2003 1st sp s c23§2 Prior 2003c265§3, 2003c 153§6, 1998c7§
2,1994c154 §115]
Notes:
*Reviser's note RCW 43 330 090 was amended by 2007 c 228 § 201, deleting subsection (2)
which directly related to "expansion of tourism "
Effective date -- 2011 c 60 See RCW 42 17A 919
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RCW 42 52 150 Limitations on gifts Page 3 of 3
Findings -- 2006 c 5 "The legislature finds that due to the massive devastation inflicted on the
city of New Orleans by hurricane Katrina on August 29, 2005, the city of New Orleans will not be able
to meet its obligation to host the national lieutenant governors' association's annual conference
scheduled for July 17 through July 19, 2006 As a result of this unfortunate situation, the members of
the national lieutenant governors' association officially pressed to have Washington state host the
next annual conference in Seattle, Washington, and lieutenant governor Brad Owen has agreed to
do so The legislature further finds, in recognition of the unprecedented situation created by this
natural disaster, the high national visibility of this important event, and due to the limited amount of
time remaining for planning and fund - raising, it is necessary to initiate fund - raising activities for this
national conference as soon as possible " [2006 c 5 § 1 ]
Effective date -- 2006 c 5 "This act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing public institutions, and
takes effect immediately [February 7, 2006] " [2006 c 5 § 4 ]
Findings -- 2003 c 153 See note following RCW 43 330 090
http //apps leg wa gov /rcw /default aspx =42 52 150 1/22/2014
RCW 42 52 160 Use of persons, money, or property for private gain Page 1 of 1
RCW 42.52.160
Use of persons, money, or property for private gain.
(1) No state officer or state employee may employ or use any person, money, or property under the
officer's or employee's official control or direction, or in his or her official custody, for the private benefit
or gain of the officer, employee, or another
(2) This section does not prohibit the use of public resources to benefit others as part of a state
officer's or state employee's official duties
(3) The appropriate ethics boards may adopt rules providing exceptions to this section for occasional
use of the state officer or state employee, of de minimis cost and value, if the activity does not result in
interference with the proper performance of public duties
[1996 c 213 § 7, 1994 c 154 § 116, 1987 c 426 § 3 Formerly RCW 42 18 217 ]
http //apps leg wa gov /rcw /default aspx ?cite =42 52 160 1/22/2014
"RCW 42 52 170 Giving, paying, loaning, etc, any thing of economic value to state empl Page 1 of 1
RCW 42.52.170
Giving, paying, loaning, etc., any thing of economic value to state
employee.
No person shall give, pay, loan, transfer, or deliver, directly or indirectly, to any other person any thing
of economic value believing or having reason to believe that there exist circumstances making the
receipt thereof a violation of RCW 42 52 040, 42 52 110, 42 52 120, 42 52 140, or 42 52 150
[1994 c 154 § 117, 1987 c 426 § 5, 1969 ex s c 234 § 23 Formerly RCW 42 18 230 ]
http //apps leg wa gov /rcw /default aspx ?cite =42 52 170 1/22/2014