2020-09-15 Council Packet - RegularThe City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
CITY COUNCIL
REGULAR MEETING AGENDA
Remote Meeting
September 15, 2020 – 6:30 p.m.
Notice: Pursuant to Governor Inslee’s Proclamation 20 -28, all in-person meetings are prohibited until further
notice. The Mayor and City Council are providing opportunities for public comment by submitting written
comment or calling into the meeting to provide oral testimony. To access these options please use the
following:
Click Here to Watch Online Live Streaming Video of the Meeting
Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 685-690-722
Sign-Up here to give citizen comment during the meeting* (via telephone)
*form should be submitted no later than 2 hours prior to the beginning of the meeting
Click Here to submit written comments to the City Council
Watch from the Zoom mobile app with meeting: 685 690 722 and password: 131162
1.CALL MEETING TO ORDER
2.PLEDGE OF ALLEGIANCE
3.PRESENTATIONS
a.Mayor’s Emerging Issues and Report
•Additional State Allocation to Federal Way for CARES Act
•Report on Litter Pick up Event and Drive-In Movie Night at the PAEC (9/12)
•320th Flag Pole Installation Update and Video (9/1)
•Chamber Quarterly Meeting (9/8)
b.Council Committee Reports
•Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
•Land Use/Transportation Committee (LUTC)
•Finance, Economic Development Regional Affairs Committee (FEDRAC)
•Lodging Tax Advisory Committee (LTAC)
•Regional Committees Report (PIC)
•Council President Report
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
4.CITIZEN COMMENT
Please email comments to COUNCIL@cityoffederalway.com or complete a citizen comment request
form (found here) prior to the meeting, to provide comments via telephone during the meeting. All
comments are limited to 3 minutes each.
5.CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a.Minutes: September 1, 2020 Regular and Special Meetings
b.King County Registered Sex Offender Cost Reimbursement Agreement
c.Edward Byrne Memorial Justice Assistance Grant (JAG) Program for FY2020
6.COUNCIL BUSINESS
a.Mayor’s Proposed 2021-2022 Biennial Budget Presentation
b.National League of Cities (NLC) Yearly Association Membership
c.Selection of Finalists for the City Council Position 5 Appointment Process
d.Resolution: Directing Staff to Procure Criminal Background Checks of Finalists for
Appointment to Council Position 5, and Defining the Parameters and Use of this
Information
e.Youth Commission Appointment
f.Diversity Commission Appointments
g.Parks and Recreation Commission Appointment
7.ORDINANCES
Second Reading
a.Council Bill #786/Advanced Travel Expense Fund Ordinance
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
THE ADVANCE TRAVEL EXPENSE FUND; REPEALING FWRC 3.50.050 (Amending
Ordinance Nos. 08-575 and 90-25).
8.COUNCIL REPORTS
9.ADJOURNMENT
COUNCIL MEETING DATE: September 15, 2020 ------------------
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM#: 6d
SUBJECT: RESOLUTION: DIRECTING STAFF TO PROCURE CRIMINAL BACKGROUND CHECKS OF
FINALISTS FOR APPOINTMENT TO COUNCIL POSITION 5 AND DEFINING THE PARAMETERS AND USE OF
THIS INFORMATION
POLICY QUESTION: Should the City Council pass a resolution defining the parameters and uses of criminal
history information for those identified as Finalists by the City Council for potential appointment to City
Council Position 5?
COMMITTEE: NI A
CATEGORY: D Consent
D City Council Business
D Ordinance IZJ Resolution
STAFF REPORT BY: J. R an Call, Ci Attome
Attachments: 1. Staff Report - none
2. Resolution
Options Considered:
1.Approve proposed resolution.
MEETING DATE: NI A
□□ Public Hearing
Other
DEPT: Law
2.Do not approved proposed resolution and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: NIA DIRECTOR APPROVAL: JRC 9/11/2020
---C-om-m-itt-ee __ _
Initial/Date ni> Initia I/Date
COMMITTEE RECOMMENDATION: NIA
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "] move approval of the proposed resolution. "
(BELOW TO BE COft,fPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
REVISED -11/2019
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
Resolution No. 20-_____ Page 1 of 4
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, directing
staff to procure criminal background checks for finalists for the current
council vacancy and defining the parameters and use of this information.
________________________________________________________________________________
WHEREAS, at this time, the City Council has a position vacancy which must be filled by
interviews and appointment; and
WHEREAS, the City Council desires to be aware of any relevant criminal history
information for finalists for appointment; and
WHEREAS, the City Council desires to establish fair parameters for the consideration of
such information; and
WHEREAS, it is the judgment of the City Council that recent criminal convictions and
convictions for violent offenses, sex offenses, domestic violence, abuse of special trust, and crimes
of dishonesty call into question a candidate’s fitness for appointed office; and
WHEREAS, the City Council finds that it is in the best interest of the citizens to appoint only
council members who are free of criminal convictions that call into question a candidate’s judgment,
moral character, and ability to serve as a role model.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. City Human Resources staff will run a criminal history check on the finalists for
appointment to any vacant City Council position. The criminal history check will be conducted using
a commercially available service. The results will be provided to the City Attorney or the City
Attorney’s designee and will not be provided directly to the City Councilmembers or their staff.
Resolution No. 20-_____ Page 2 of 4
Section 2. The City Attorney or designee will screen any criminal history information for
relevant information based on the parameters in Section 3 of this resolution. Only information
meeting those parameters will be provided to the Councilmembers for their consideration.
Section 3. The following parameters apply to screening criminal history information for the
council vacancy appointment finalists. Only the following criminal history information for council
vacancy appointment finalists will be passed on by the City Attorney or designee and considered by
any sitting Councilmembers.
a. Only criminal convictions will be considered, not arrests or charges, unless the
charges are still pending.
b. For felony crimes, only convictions that occurred within the last 10 years will be
considered, unless the conviction involves a sex offense, domestic violence, violation
of special trust, or violent felony, in which case they will be considered.
c. For misdemeanor crimes, only convictions that occurred within the last 10 years will
be considered and only if they involved a crime of dishonesty (such as theft),
domestic violence, or driving under the influence.
d. Juvenile convictions of any kind will only be considered if they involved a sex
offense, domestic violence, or violent felony.
e. The City Attorney or designee will use their best judgment in interpreting any
ambiguity in these parameters.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
Resolution No. 20-_____ Page 3 of 4
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 2020.
[signatures to follow]
Resolution No. 20-_____ Page 4 of 4
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.: