Chapter 2.97
THE MOUNT VERNON PUBLIC ARTS COMMISSION
Sections:
2.97.020 The Mount Vernon public arts commission.
2.97.030 Artists involvement in public art programs.
2.97.060 Authority to accept donations.
2.97.080 Cooperation with other commissions.
2.97.090 Creation of municipal arts fund.
2.97.010 Definitions.
As used in this chapter:
A. “City” means the city of Mount Vernon.
B. “Commission” means the Mount Vernon public arts commission.
C. “Commissioner” means an individual appointed to serve on the public arts commission.
D. “Council” means the Mount Vernon city council.
E. “Mayor” means the Mount Vernon mayor.
F. “Public art fund” means the fund that is allocated by the council to implement the programs and policies described in this chapter.
G. “Public space” is any place or property within the city which is open to the general public for its use, or which is in public view, or is generally accessible to the public. (Ord. 3570 § 2, 2012; Ord. 3136 § 1, 2003).
2.97.020 The Mount Vernon public arts commission.
There is hereby created a public arts commission.
A. Commission Structure – Membership. The commission is an advisory body with 11 appointed commissioners. Commissioners shall meet one of the following criteria:
1. Commissioner has either a Mount Vernon residential address, business address, or owns and operates a business within the city of Mount Vernon; or
2. Commissioner has a history of volunteer work with the city of Mount Vernon; or
3. Commissioner works for an organization that serves the city of Mount Vernon; or
4. Commissioner has children or is the legal guardian of children that attend school in the city of Mount Vernon.
The commission may include at least one member who is a student at the time of appointment and throughout the term of office. The commission shall elect commission officers, which shall include a chairperson, vice chairperson, treasurer and historian who shall serve for at least one year.
B. Appointment. The mayor shall appoint 11 commissioners, which appointments shall be subject to confirmation by the council. Commissioners shall be conversant with public art and be experienced with community issues and concerns. Chapter 42.23 RCW, the Code of Ethics for Municipal Officers, shall apply to all commissioners. Prior to appointing members, public notice of available positions shall be provided at least two weeks in advance of appointment.
C. Commission Terms. Initially, all commissioners will be appointed to one-year terms effective January 1, 2003. Three members will then be appointed for a one-year term, three members will be appointed for a two-year term, and three members will be appointed for a three-year term. Two additional commissioners shall be appointed effective January 2010; one shall be appointed to a two-year term and one shall be appointed to a three-year term. Commissioners may then be reappointed for additional three-year consecutive terms on a rotational basis with the exclusion of the student member. A student member may serve a term of one or more years which shall be determined by the city council at appointment.
D. Commission Responsibilities. The commission shall be responsible for advising the mayor and the council, developing policies for the acquisition, display and disposition of public art, identifying projects that can benefit from artists’ involvement, selecting and commissioning artists, providing oversight for the maintenance of public artwork after the work is in place, and the development of the annual program plan. The commission shall make a report to the council at least annually. Members shall serve without salary or other compensation.
E. Meetings. All commission meetings shall be open to the public and notice of the meetings shall comply with the Washington Open Public Meetings Act and documents will be deemed subject to Chapter 42.30 RCW unless otherwise provided herein. The commission shall hold regular meetings at least monthly. The commission shall keep minutes of its regular public meetings and records of all official actions shall be made available to the public upon approval of the minutes by the commission. A majority of all the active members of the commission shall constitute a quorum at a regular or special meeting of the commission. Active members for the purposes of this section shall mean duly appointed and confirmed commissioners of the Mount Vernon public art commission who have: (1) not been removed by the city council pursuant to subsection H of this section, or (2) have not missed three or more consecutive regular meetings subjecting themselves to removal pursuant to subsection H of this section until the city council has rendered a decision.
F. Staff Services. The director of parks shall be responsible for providing administrative and staff services for the commission and may assign parks and recreation department staff members to provide services to the commission.
G. Procedures. The commission shall establish its own procedures and rules for the transaction of its business. The procedures shall address the receipt and processing of citizen proposals and requests. The rules of the commission shall provide that the commission may appoint subcommittees in order to meet those functions and responsibilities of the commission. Any subcommittee appointed by the commission shall be advisory to the commission only.
H. Removal from the Commission. The city council may remove any member of the commission from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause. A member of the commission may not absent himself or herself for three consecutive regular meetings. At the end of the third such meeting, the city council may entertain a motion to excuse the member from any such meeting or meetings as there may be shown to have been good cause for the absence, or if three such meetings be missed without good cause, declare the office vacant. The mayor shall appoint a new member subject to confirmation by the council to complete the remainder of the term of the removed member. (Ord. 3753 § 1, 2018; Ord. 3570 § 3, 2012; Ord. 3501 § 1, 2010; Ord. 3255 § 1, 2005; Ord. 3136 § 2, 2003).
2.97.030 Artists involvement in public art programs.
The commission will involve artists at the earliest appropriate project stage. The commission will establish the artist selection process and define the scope of the work on a case-by-case basis to be included within the annual public art program. (Ord. 3136 § 3, 2003).
2.97.040 Selecting artists.
Artists shall be selected to participate in the city’s public art program through one of the following ways:
A. Open Competition. The commission or a designated art selection panel may solicit through public advertisement requests for artists’ slides, resumes, and letters of interest. The commission or designee will review submittals and recommend an artist that meets the commission’s requirements.
B. Invitational or Limited Competition. The commission or designated art selection panel may invite a limited number of artists to submit applications or prepare proposals. From this limited pool, the commission or designee may recommend artists based upon established criteria. (Ord. 3136 § 4, 2003).
2.97.050 Budget.
A separate fund named the “municipal arts fund” shall be created to support the commission and the public art program. The commission programs and operating expenses shall be funded from this fund. The director of parks and recreation shall be responsible for submitting the annual operating budget to the mayor. (Ord. 3136 § 5, 2003).
2.97.060 Authority to accept donations.
The city may receive offers of donations of artwork or funds for public art. Potential donors will be referred to the commission to discuss the nature of the gift and for review and approval. After review, the commission will recommend consideration or rejection of the offer and make a site recommendation if applicable. All financial gifts, bequests, and donations accepted by the commission are subject to the approval by council. Donated funds will be accounted for individually and may be administered by the finance director or designee, without further appropriation, consistent with the donor’s restrictions and direction from the commission. (Ord. 3136 § 6, 2003).
2.97.070 Annual plan.
The commission, working in partnership with the city departments and citizens, shall develop a public art program plan describing the art projects to be initiated from the public art fund, the budget recommended for each art project, and any special projects categories to allow for program flexibility and responsiveness. The plan shall be transmitted to the mayor who shall present the plan to the council. The council shall review the plan to be approved for spending authority by the first month of the new fiscal year. (Ord. 3136 § 7, 2003).
2.97.080 Cooperation with other commissions.
In carrying out the commission functions and responsibilities, the commission may cooperate with other municipal or county art/cultural commissions. However, in no event shall any appropriation be made from the public art fund nor shall any work effort be made by the commission towards art projects which do not directly concern or affect the placement of art work or projects within the city. (Ord. 3136 § 8, 2003).
2.97.090 Creation of municipal arts fund.
There is hereby established a special fund entitled “the municipal arts fund” into which all funds shall be deposited that are received by the city from whatever source for the purpose of acquisition of or otherwise providing for the advancement of visual and performing arts within the city, including federal, state, or local funds, or funds from private individuals or agencies or any other funds which the city may receive or come into possession of from time to time. (Ord. 3136 § 9, 2003).