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Record No: CB 118754    Version: Council Bill No: CB 118754
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 8/15/2016
Ordinance No: Ord 125113
Title: AN ORDINANCE relating to international affairs and the Seattle Sister Cities program, amending Sections 3.14.440, 3.14.450, 3.14.460, and 3.14.470 of the Seattle Municipal Code.
Sponsors: Bruce Harrell
Attachments: 1. Proposed Substitute
Supporting documents: 1. Summary and Fiscal Note, 2. Memorandum, 3. Presentation, 4. Signed Ordinance 125113, 5. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE relating to international affairs and the Seattle Sister Cities program, amending Sections 3.14.440, 3.14.450, 3.14.460, and 3.14.470 of the Seattle Municipal Code.

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WHEREAS, with the creation of Seattle’s first sister city relationship in 1957, the residents of Seattle have demonstrated a desire to learn more about the people of other cities throughout the world and enhance international communication and understanding; and

WHEREAS, we wish to provide residents of Seattle with opportunities to give service to and derive benefit from community projects of international scope; and

WHEREAS, the City and its residents have benefited greatly from the activities of our sister city associations and their counterparts in other countries; and

WHEREAS, Seattle’s international landscape has changed significantly since the establishment of Seattle Sister Cities relationships and the Seattle Sister Cities Coordinating Committee; and

WHEREAS, we wish to encourage best practices between Seattle, our sister cities, and our global partners in industries central to Seattle’s international landscape, such as global health, technology, and sustainable development; and

WHEREAS, we wish to encourage international trade and tourism between Seattle and our sister cities; and

WHEREAS, Seattle’s international engagement and programs should be carefully selected to assure that these special relationships will be based upon common interests and characteristics important to both Seattle and our international partners; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 3.14.440 of the Seattle Municipal Code, enacted by Ordinance 124255, is amended as follows:

3.14.440 Objectives of ((Program)) program and Office of Intergovernmental Relations ((Responsibilities)) responsibilities ((.))

A.                     Objectives. Seattle will seek to develop sister city relationships that serve the following objectives:

1.                     The development of people-to-people relationships between Seattle residents and the residents of our sister-city affiliates;

2.                     The education of our residents and the residents of the affiliated cities;

3.                     Mutual enhancement of our residents’ cultural awareness and sensitivity;

4.                     The development of international trade and tourism;

5.                     The development and sharing of best practices in government departments and industries engaged with and/or representing Seattle’s contemporary international landscape.

B.                     Office of Intergovernmental Relations Responsibilities. The City of Seattle’s Office of Intergovernmental Relations (OIR) shall:

1.                     Act as the City’s liaison for the Seattle Sister Cities program, including the ((Seattle Sister Cities Coordinating Council)) Seattle International Affairs Advisory Board (SIAAB);

2.                     Retain budget oversight for the Seattle Sister Cities program, including management of the annual process of reimbursement payments to individual sister city associations for eligible expenses;

 

3.                     In coordination with the ((Seattle Sister Cities Coordinating Council)) SIAAB, execute a Memorandum of Understanding with a local 501(c)(3) organization designated to act as a treasurer for sister cities program revenues that originate from fundraising efforts rather than from the City’s budget; act as the authorizing agent for expenditures by the 501(c)(3) drawn against these revenues.

Section 2. Section 3.14.450 of the Seattle Municipal Code, enacted by Ordinance 124255, is amended as follows:

3.14.450 Establishment, ((Duration, Modification and Termination)) duration, modification, and termination

A.                     In accordance with Section 1.24.020, the City Council may by resolution designate a sister city. In accordance with the provisions of this ((section)) Section 3.14.450, the City Council may by resolution recognize a sister city association, change the status of a sister city association from active to emeritus, or terminate the relationship with the sister city association.

B.                     In order to ensure that sister city affiliations genuinely engage Seattle’s values, represent Seattle’s current international landscape, and can be managed by resident associations with resources adequate to the task, proposals to the City for establishing sister city affiliations shall be initiated by sister city associations in the following two-step process:

1.                     Step One.

a.                     The City of Seattle will consider a new sister city affiliation if the following steps are completed:

i.                     Submission of a letter of intent;

ii.                     Submission of documentation indicating why a prospective sister city is proposed and verifying that it is the center of significant educational, civic, cultural, and/or political resources that offer Seattle’s residents and/or City agencies significant two-way exchange opportunities, which will serve to enrich the understanding of both parties;

iii.                     Submission of documentation indicating that a prospective sister city has the prospect of being a significant business partner, or has some other major economic aspect that is similar to or complementary to the economic character of Seattle;

iv.                     Confirmation that a prospective sister city does not have a sister city affiliation with another city in the United States, or confirmation that any U.S. city having prior affiliation with the foreign prospective city does not object to Seattle establishing a new affiliation with the prospective sister city;

v.                     Confirmation that there ((should be)) is no existing sister city relationship between ((the)) The City of Seattle and any other city of the same foreign country;

vi.                     Submission of a description of the sponsoring group and/or sponsoring individuals.

b.                     The above documentation must be submitted to the ((Seattle Sister Cities Coordinating Council)) Seattle International Affairs Advisory Board (SIAAB) for its review and consideration. The ((Seattle Sister Cities Coordinating Council)) SIAAB may reject or accept the application by a majority vote of the full ((Council)) SIAAB, and so advise the Mayor, the City Council, and the applicant(s);

i.                     No further action will be taken on an application once it is rejected, unless otherwise directed by a majority of City Council members or by the Mayor;

ii.                     If the application is accepted, the prospective sister city applicant then must meet the criteria listed in Step 2, subsection 3.14.050.B.2, below.

c.                     The City of Seattle will recognize only one sister city association per sister city affiliation.

2.                     Step Two. In order to be recognized by ((the)) The City of Seattle, a sister city association must verify that it has the following:

a.                     At least 30 paid members, reflecting a diverse representation of the Seattle community, committed to meet the objectives of the sister city program, as outlined in ((section)) Section 3.14.440;

b.                     A formal incorporated structure in accordance with Washington State Law governing nonprofit corporations (see ((RCW 24.03)) chapter 24.03 RCW) and 501(c)(3) nonprofit organization status with the Internal Revenue Service;

c.                     Established bylaws outlining annual election of officers and board members, and any appropriate functional subcommittees;

d.                     A comprehensive work plan for the ((twelve)) 12-month period following the request for formal affiliation, showing how the activities of this association will further the objectives of the Seattle sister city program;

e.                     A budget for the first year’s activities, showing any funds available to meet the budget requirements and indicating how the association plans to fund its activities in the future; and ((,))

f.                     A preliminary indication from the government of the foreign city that a sister city relationship with ((the)) The City of Seattle would be welcome.

3.                     Upon a favorable review by the ((Seattle Sister Cities Coordinating Council)) SIAAB, the association’s application will be sent to the Mayor and City Council with a recommendation for a final vote.

C.                     Duration of Sister City Affiliations. Each sister city affiliation will enjoy a five-year term of active status, subject to the following provisions:

1.                     Review. Beginning six months prior to the end of an affiliation’s five-year term, the ((Seattle Sister Cities Coordinating Council)) SIAAB will make a formal recommendation to City Council on the question of whether or not to renew the sister city affiliation for an additional five-year term. Renewal will be the default recommendation for each affiliation, unless the ((Seattle Sister Cities Coordinating Council or City Council)) SIAAB, using the following independent indicators, determines that the affiliation should not be renewed:

a.                     The relationship with the affiliated city continues to embody qualities and/or values central to Seattle’s core interests and international landscape;

b.                     The respective sister city association has maintained active status, as defined by the provisions of subsection 3.14.450.D below;

c.                     The respective sister city association has avoided any punitive action(s) taken by the ((Seattle Sister Cities Coordinating Council)) SIAAB for faults in ethical behavior of its members;

d.                     The respective sister city association is not currently under emeritus status and is not currently under ((Seattle Sister Cities Coordinating Council)) SIAAB review for reactivation.

2.                     Timing of five-year terms-existing associations. Associations that hold active status ((at the effective date of this ordinance)) on September 22, 2013, will be subject to review in staggered groups of five associations each year. The initial reviews for the first group of five associations will begin within three years of ((the effective date of this ordinance)) September 22, 2013. The next group will be reviewed within four years, and so on. Following the initial review, each group of associations will be subject to the five-year reviews described in ((this)) subsection 3.14.450.C.1. The groupings for these staggered five-year reviews will be determined by the ((Seattle Sister Cities Coordinating Council)) SIAAB.

3.                     Timing of five-year terms-new associations. The initial review for associations that do not hold active status on ((the effective date of this ordinance)) September 22, 2013, and that are later established, will occur at the five-year anniversary of the effective date of the resolution granting the association active status. Following the initial review, each association under this ((paragraph)) subsection 3.14.450.C.3 will be subject to the five-year reviews as described in ((this)) subsection 3.14.450.C.1.

D.                     Minimum Criteria for Maintaining Active Status. All of the following minimum criteria are necessary for an association to maintain active status:

1.                     At least (((30))) 30 paid members;

2.                     A comprehensive work plan for the calendar year showing how the activities of this association will further the objectives of the sister city program, made available to the Office of Intergovernmental Relations by February ((1st)) 1 of each year;

3.                     A calendar year budget for the association’s activities indicating how the association plans to fund its activities and how it plans to spend the small sum of City funds available for eligible reimbursable expenses, made available to the Office of Intergovernmental Relations by February ((1st)) 1 of each year;

4.                     An annual report of the association’s activities including explanations for how each activity furthered the objectives of the sister city program, made available to the Office of Intergovernmental Relations at the same time the association submits its formal request for annual reimbursement of eligible expenses;

5.                     Indication from the appropriate government officials or other organizations officially delegated by the foreign city that the sister city relationship remains official and active;

6.                     Nonprofit status (see ((RCW 24.03)) chapter 24.03 RCW). Each sister city association must register with the State of Washington’s Office of the Secretary of State as a nonprofit organization authorized to solicit gifts or contributions. Each association must renew such registration annually and maintain ((non-profit)) nonprofit status with the United States Internal Revenue Service;

7.                     Annual meeting. Each association must hold an annual meeting that includes election of officers and a board of directors. Such meetings must be open to the public, and a written announcement or invitation must be sent at least two weeks in advance to all members of the association and the Office of Intergovernmental Relations. Results of regular board elections must be reported in writing to the Office of Intergovernmental Relations;

8.                     Assistance facilitating visits to ((the)) The City of Seattle by sister city dignitaries. It is the paramount duty of each association to help facilitate visits to ((the)) The City of Seattle by government officials from their respective sister cities. Such assistance often will include: developing and supporting itineraries for the dignitaries of any meetings with ((the)) The City of Seattle, addressing transportation needs for the dignitaries; offering advice on accommodations in Seattle; and, where appropriate, helping facilitate mutual exchange of diplomatic gifts for the dignitaries;

9.                     Program activity. Each association must sponsor at least two program activities annually (in addition to the annual meeting). Such activities might include a forum on best practices between City of Seattle experts and their counterparts in the foreign sister city; an event focused on education or culture; a public local exhibit or performance ((,)) ; or an exchange program or delegation with the counterpart city abroad. These programs must be open to the public, and written announcements or invitations must be sent to all members of the association, the City Councilmember acting as liaison, and the Office of Intergovernmental Relations;

10.                     ((Seattle Sister Cities Coordinating Council)) SIAAB and Seattle Sister Cities Presidents’ Committee meetings. Regular attendance by a representative who is a member of the Council and/or Committee will be considered in determining an association’s status.

E.                     Review and Determination of Active Status. Separate from subsection 3.14.450.C above (i.e., “Duration of Sister City Affiliations”), and given the importance of maintaining open, active, and rewarding relationships with Seattle’s sister cities, the ((Seattle Sister Cities Coordinating Council)) SIAAB is tasked with monitoring the vibrancy and productivity of each Seattle ((Sister City Association)) sister city association. Should a sister city association or sister city affiliation cease to effectively function during its five-year term, the ((Seattle Sister Cities Coordinating Council)) SIAAB will make recommendations about the course of action that Seattle should take with that sister city partner. Active status will serve as the default status for each association. The ((Seattle Sister Cities Coordinating Council)) SIAAB may recommend withdrawal of an association’s active status. The following review process will be used by the ((Seattle Sister Cities Coordinating Council)) SIAAB when making these determinations:

1.                     If an association fails to meet the criteria for active status in a specific calendar year, the Office of Intergovernmental Relations shall notify that association, and also will inform the Mayor’s Office, the City Council President, and the City Councilmember who is assigned to that association as the City Council’s liaison;

2.                     The Office of Intergovernmental Relations shall notify and request a meeting with the association to discuss the association’s non-compliance;

3.                     The ((Seattle Sister Cities Coordinating Council)) SIAAB or designated representative shall review the situation and shall meet with the president or other officer(s) of the association to review the criteria for retaining active status;

4.                     The association shall be asked to submit a written plan for meeting the minimum criteria in the next calendar year;

5.                     After completing the process outlined above and reviewing any submissions by the association, the ((Seattle Sister Cities Coordinating Council)) SIAAB may recommend to the Mayor and City Council that a ((Sister City)) sister city association be allowed six months to revitalize its efforts, subject to all of the criteria for an active sister city association, or that the sister city relationship be granted “emeritus status,” the process for which is governed by ((section F below)) subsection 3.14.450.F.

F.                     Determination of Emeritus Status. Emeritus status is intended to simultaneously honor the historical relationship between the two cities and signify that the sister city relationship is no longer active. Emeritus status further signifies that an association no longer has access to revenues for annual reimbursement of eligible expenses.

1.                     Prior to recommending emeritus status for any sister city association, the ((Seattle Sister Cities Coordinating Council)) SIAAB ((should)) shall fulfill the following steps:

a.                     Document that the local sister city association has been inactive for one year or, alternatively, conclude that the association cannot meet the requisite criteria for maintaining active status;

b.                     Attempt to make contact with last known board members of the sister city association and inquire about the association’s posture;

c.                     Determine if the foreign city is actively engaged in additional sister city relationships with U.S. cities other than Seattle.

2.                     Upon receiving this recommendation from the ((Seattle Sister Cities Coordinating Council)) SIAAB, the Office of Intergovernmental Relations shall conduct a review of the formal relationship between the two cities, and submit its recommendation to the Mayor and City Council regarding an appropriate course of action.

3.                     If a sister city association status is changed from active to emeritus status or the relationship is terminated, the city abroad will be notified.

G.                     Regaining Active Status after Emeritus Status or Termination. A sister city affiliation that has been granted emeritus status, or had its relationship with the City terminated, may seek reactivation only when the City Council is formally considering adding one or more new sister city affiliations. In such a case, the association will be equally subject to any process required for new sister city associations. Associations with emeritus status will not enjoy special consideration during this review process.

H.                     Termination. The City may, after the City Council passes a supporting resolution, terminate a contract with a sister city association without cause, with 30 days written notice. All contracts with sister city associations shall contain a termination clause stating this same provision. If the sister city abroad formally terminates its sister city relationship with ((the)) The City of Seattle, the sister city association’s relationship with the City shall also be deemed terminated.

Section 3. Section 3.14.460 of the Seattle Municipal Code, enacted by Ordinance 124255, is amended as follows:

3.14.460 ((Coordinating Council)) Seattle International Affairs Advisory Board (SIAAB)-Appointments, ((Membership and Terms.)) membership, and terms

A.                     The ((Seattle Sister Cities Coordinating Council)) Seattle International Affairs Advisory Board (SIAAB) shall consist of ((20)) up to 30 members. ((Seven members shall be comprised of the following: one representative from each of five)) Five members shall be chosen by sister city associations, rotating ((membership)) selection, according to alphabetical order of the name of the sister city, every two years in order to represent all associations; one ((representative from the City Council,)) member chosen by the City Council President; ((one representative from the Office of Intergovernmental Relations (OIR), chosen by the OIR Director)) and The City of Seattle’s International Affairs Director shall be a member.

B.                     The remaining ((thirteen)) members shall be appointed by the Mayor, subject to confirmation by a majority of the City Council and shall be comprised of the following: ((one)) One member shall be a current representative from the Trade Development Alliance of Greater Seattle (TDA). ((; twelve members)) The remaining members shall be diverse representatives from community, corporate, cultural, media, educational, governmental, ((or non-profit)) and nonprofit institutions that have ongoing interest in ((sister city programs)) Seattle’s international affairs.((At no time shall more than five of these twelve members originate from the same representative category (e.g., community, corporate, governmental.)))

C.                     ((Each of these 13)) ((The representative from the City Council, Seattle’s International Affairs Director,)) The member chosen by the Council President and the TDA representative shall each serve until such time as they are replaced by each’s respective appointing authority.  All other members shall serve for a term of two years, not to exceed four consecutive terms. ((None of these members shall serve more than four consecutive terms.)) Any vacancy shall be filled for the unexpired term in the same manner as originally appointed. If a person is appointed to fill the duration of an unexpired term, then that term shall qualify as one of the four consecutive terms only if the portion of the unexpired term actually served is one year or more. 

D.                     If the appointing authority fails to appoint or re-appoint a person to fill ((a Council)) an SIAAB position before the ((incumbent Council member’s)) incumbent’s term has expired, then the incumbent may remain in his or her position for a period not to exceed 90 days until such appointment or re-appointment is made, otherwise the seat becomes vacant. The authority that appointed a ((Council)) member may remove that ((Council)) member at will. The ((Council)) SIAAB shall select a chair, and may adopt, promulgate, amend, and rescind administrative rules and regulations for its own conduct.

Section 4. Section 3.14.470 of the Seattle Municipal Code, enacted by Ordinance 124255, is amended as follows:

3.14.470 ((Coordinating Council)) Seattle International Affairs Advisory Board (SIAAB)-Purposes and ((Duties.)) duties

((The Seattle Sister Cities Coordinating Council shall help coordinate the City’s sister cities program, act in an advisory capacity to the Mayor and City Council, and shall have the following purposes and duties:)) The purpose of the SIAAB is to enhance the prominence of Seattle’s international programs, ensure alignment with Seattle’s strategic development goals, increase visibility of international activities, and improve access to fundraising. The SIAAB shall provide feedback on The City of Seattle’s international engagement strategy and provide oversight of the City’s sister cities program. The SIAAB shall act in an advisory capacity to the Mayor and City Council, and shall have the following duties:

A.                     ((Advise the Mayor, City Council and the Office of Intergovernmental Relations (OIR) on existing or needed guidelines and policies for the overall sister cities program)) Advise the Mayor, City Council, and the Office of Intergovernmental Relations (OIR) about the strategic direction of Seattle’s international engagement activities, including local outreach initiatives, official international travel, and partnerships with foreign cities and other entities;

B.                     Interact with representatives from relevant City of Seattle departments to provide feedback on their international engagement programs;

((B.)) C.                     On a quadrennial basis, evaluate the appropriate level of City resources allocated to the ((sister city program, assess needs, and advise the Mayor, City Council and OIR appropriately)) sister cities and other related programs;

((C.)) D.                     Review proposals from ((individual associations or)) other external institutions for joint international programs and assist in effective coordination of such activities;

E.                     Review guidelines and policies for the sister cities and partner city programs;

((D.)) F.                     Oversee efforts that incentivize, through supporting funds, programming for sister city associations, which aligns with the City’s ((present-day values and)) interests ((, and/or Seattle’s predominant international entities));

((E.)) G.                     ((Coordinate)) Support fundraising and outreach efforts for joint sister city programs; assist efforts to generate new membership for the separate sister city associations;

((F.)) H.                     ((In coordination with OIR, execute a Memorandum of Understanding with a local)) Provide strategic direction for the sister city association, a 501(c)(3) organization designated to act as a treasurer for ((Sister Cities)) sister cities program revenues that originate from fundraising efforts rather than from the City’s budget; act as the authorizing agent for expenditures by the 501(c)(3) drawn against these revenues;

((G.)) I.                     ((As needed, review and recommend any beneficial update of)) Review criteria for establishing new sister city affiliations, ((; review proposals from groups wishing to receive sister city designation and advise the Mayor, City Council and OIR)) and advise on the selection of ((such)) proposed affiliations;

((H.)) J.                     ((As needed, review and recommend)) Review criteria for retaining active sister status. ((; confer)) Confer with ((officers of any association)) associations that ((does)) do not meet the criteria and discuss ((a plan)) plans for remedying the situation. Make recommendations to the City Council, Mayor, ((and/or)) and OIR ((on the question of whether or not an association shall be granted)) about moving relevant associations to emeritus status, as defined in ((section)) Section 3.14.450 ((.)) ; and

((I.)) K.                     Develop a “Code of Ethics” for the conduct of sister city activities and the responsibilities of association officers and members, and enforce compliance with this “Code of Ethics.”

Section 5. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ________ day of _________________________, 2016, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2016.

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President ____________ of the City Council

Approved by me this ________ day of _________________________, 2016.

____________________________________

Edward B. Murray, Mayor

Filed by me this ________ day of _________________________, 2016.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)