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Title II
COMMISSIONS AND BOARDS1 Board Of Adjustment (Rep. by Ord. 5155, 9-26-05)
2 Board Of Ethics (Rep. by Ord. 5155, 9-26-05)
3 Board Of Public Works (Rep. by Ord. 5155, 9-26-05)
4 Civil Service Commission
5 Emergency Services Organization (Rep. by Ord. 5155, 9-26-05)
6 Firefighter’s Pension Board
7 Advisory Commission On Diversity
8 Municipal Arts Commission
9 Park Commission
10 Planning Commission
11 Unfair Housing Practices (Rep. by Ord. 5155, 9-26-05)
12 Human Services Advisory Committee
13 Library Board
14 Environmental Review Committee
15 LEOFF Disability Board
16 Lodging Tax Advisory Committee
17 Airport Advisory Committee
18 General Membership And Procedures
CHAPTER 1
BOARD OF ADJUSTMENT(Repealed by Ord. 5155, 9-26-05)
CHAPTER 2
BOARD OF ETHICS(Repealed by Ord. 5155, 9-26-05)
CHAPTER 3
BOARD OF PUBLIC WORKS(Repealed by Ord. 5155, 9-26-05)
CHAPTER 4
CIVIL SERVICE COMMISSIONSECTION:
2-4-1: Creation Of Civil Service Commission
2-4-2: Authority
2-4-3: Function
2-4-4: Appointment And Members
2-4-5: Terms; Vacancies
2-4-6: Quorum And Voting
2-4-1 CREATION OF CIVIL SERVICE COMMISSION:
There is hereby created the Police and Fire Civil Service Commission. (Ord. 5155, 9-26-05)
2-4-2 AUTHORITY:
The Police and Fire Civil Service Commission is established under the authority of RCW 35A.11.020. (Ord. 5155, 9-26-05)
2-4-3 FUNCTION:
The Police and Fire Civil Service Commission shall have power to make such rules and regulations as are necessary to effectuate the purposes of Chapters 41.08 and 41.12 RCW. The Commission shall also have the power to make rules and regulations governing the Commission in the conduct of its meetings and any other matter over which it has authority. Any police civil service rules and regulations or fire civil service rules and regulations in effect as of the adoption of this Chapter are hereby confirmed as the present fire civil service or police civil service rules and regulations. (Ord. 5155, 9-26-05)
2-4-4 APPOINTMENT AND MEMBERS:
The Civil Service Commission shall consist of five (5) members, who shall be appointed by the Mayor. No person shall be appointed a member of such Commission unless that person is a citizen of the United States, a resident of the City for at least three (3) years immediately preceding such appointment, and is an elector of the county wherein he or she resides. At the time of any appointment, no more than two Commissioners shall be adherents of the same political party. (Ord. 5155, 9-26-05)
2-4-5 TERMS; VACANCIES:
The term of office of such Commissioners shall be for six (6) years. The members of the commission serving at the time of this Chapter shall serve the remaining portions of their terms. Any member of such Commission may be removed from office for incompetence, incompatibility or dereliction of duty, or malfeasance of office, or other good cause; provided, however, that no member of the Commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had before the remaining members of the Commission. The members of such Commission shall devote due time and attention to the performance of the duties hereinafter specified, and imposed upon him/her. Should any member of the Commission resign from office or be removed from office, then the Mayor shall appoint a successor to that position for the remainder of the unexpired term. (Ord. 5155, 9-26-05)
2-4-6 QUORUM AND VOTING:
Three (3) members of the Commission shall constitute a quorum and the votes of any three (3) members concurring shall be the decision of the Commission. (Ord. 3698, 1-10-83; Ord. 5155, 9-26-05)
CHAPTER 5
EMERGENCY SERVICES ORGANIZATION(Repealed by Ord. 5155, 9-26-05)
CHAPTER 6
FIREFIGHTER’S PENSION BOARDSECTION:
2-6-1: Creation Of Firefighters’ Pension Board
2-6-2: Authority And Function
2-6-3: Members
2-6-4: Term
2-6-5: Creation Of Firefighters’ Pension Fund
2-6-6: Function
2-6-1 CREATION OF FIREFIGHTERS’ PENSION BOARD:
There is hereby created pursuant to Chapters 41.16 and 41.18 RCW the Firefighters’ Pension Board. (Ord. 5155, 9-26-05)
2-6-2 AUTHORITY AND FUNCTION:
The Firefighters’ Pension Board administers and operates the Firefighters’ Pension Fund and disperses from such fund as provided by Chapters 41.16 and 41.18 RCW. All of the provisions, regulations and details of Chapters 41.16 and 41.18 RCW are by this reference adopted and incorporated in this Chapter. Any and all amendments of Chapters 41.16 and 41.18 RCW shall constitute amendments of and part of this Chapter, without the necessity of further adoption of such amendments by ordinance. (Ord. 5155, 9-26-05)
2-6-3 MEMBERS:
The Firefighters’ Board shall consist of the Mayor, who shall be chairperson of the Board, the City Clerk, the chairperson of the Finance Committee of the Council, and two (2) regularly employed or retired firefighters of the City elected by secret ballot of the firefighters as designated in Chapters 41.16 and 41.18 RCW. (Ord. 4966, 5-20-02; Ord. 5155, 9-26-05)
2-6-4 TERM:
Both firefighter representatives shall have a two-year term. (Ord. 5155, 9-26-05)
2-6-5 CREATION OF FIREFIGHTERS’ PENSION FUND:
There is hereby created in the treasury of the City, a fund to be known and designated as the Firefighters’ Pension Fund. (Ord. 4208, 3-20-89; Ord. 5155, 9-26-05)
2-6-6 FUNCTION:
The Firefighters’ Pension Fund shall receive deposited monies, bequests, fees, gifts, emoluments, donations, taxes, interest, contributions by firefighters including deductions from their pay, and monies deriving through the State from taxes on fire insurance premiums, all as prescribed by Chapters 41.16 and 41.18 RCW. Administration and disbursements from said fund shall be conducted and made as provided by Chapters 41.16 and 41.18 RCW. (Ord. 5155, 9-26-05)
CHAPTER 7
ADVISORY COMMISSION ON DIVERSITYSECTION:
2-7-1: Declaration Of Policy
2-7-2: Creation Of Advisory Commission On Diversity
2-7-3: Duties And Powers Of Commission
2-7-4: Appointment And Members
2-7-5: Appointment Of Subcommittees
2-7-6: Investigations, Public Hearings, And Research
2-7-7: Procedure, Meetings, And Interpretation
2-7-8: City Council Review
2-7-1 DECLARATION OF POLICY:
The City Council herewith finds that all forms of prejudice and the general practice of discrimination against any individual, group or organization by reason of race, color, creed, national origin, age, sex, sexual orientation, the presence of any sensory, mental or physical disability or marital status have a detrimental effect on the public welfare and well-being, and that to eliminate such prejudice and discrimination an instrumentality should be established through which the citizens of the City may be kept informed of developments in human relations, the employees and officials of the City may obtain advice and assistance in wholesome practices to keep peace and good order, and private persons, groups and organizations may be officially encouraged and advised to promote tolerance and goodwill toward all people.
The City Council further finds that it would be in the interests of all citizens of the City of Renton to promote and celebrate diversity.
Whenever a word is used herein, the definition given to that word shall be that of RCW 49.60.040 which is incorporated herein as if fully set forth. An “unfair practice” shall mean the denial of any right identified in this Chapter or RCW 49.60.030(1) and shall be further defined to include any unfair practices identified in RCW 49.60.030(3). (Ord. 4420, 10-11-93; Ord. 5155, 9-26-05)
2-7-2 CREATION OF ADVISORY COMMISSION ON DIVERSITY:
There is hereby created the Advisory Commission on Diversity. (Ord. 3191, 1-9-78; Ord. 3251, 9-25-78; Ord. 4650, 1-27-97; Ord. 5155, 9-26-05)
2-7-3 DUTIES AND POWERS OF COMMISSION:
In addition to other powers and duties set forth in this Chapter, the Commission shall have the power and duty to:
A. Study, advise and hold public meetings on issues of diversity within the City.
B. Provide a forum that will encourage input concerning diversity from citizens for reviewing and establishing the City’s vision.
C. Advise and recommend to the Mayor and City Council ways and means of discouraging and combating discrimination, prejudice, intolerance and bigotry in all groups and in their relationships with one another.
D. Advocate and assist in development of a continuing educational program for Council and staff that will lead to a greater understanding of the value of a diverse community to the governance process, and advise the staff on strategies to be used in recruiting, hiring and training a diverse work force.
E. Identify obstacles that could impede access to City government for all of the community’s diverse members.
F. Prepare and disseminate educational and informational material relating to prejudice and discrimination and ways and means of eliminating such prejudice and discrimination.
G. Provide outreach to the community in an effort to place the value of diversity before the citizens in a positive manner.
H. Inform and advise the public of false information which is not in the public interest or which tends to foster or encourage prejudice or intolerance toward any person or group.
I. Consult with and maintain contact with other public agencies and with representatives of employers, labor unions, property owners, associations, realtor associations, religious denominations and institutions, professional associations, national origin groups, community organizations concerned with interracial, interreligious and intercultural understanding, social welfare organizations and any such other organizations and institutions as directed by the City Council or as the Commission shall deem advisable to further the objectives of this Chapter.
J. Help recruit minority representatives for boards, committees and commissions within the City.
K. Organize and promote celebrations of diversity, when approved by the Administration, and funding has been provided by the Council.
L. Promote an atmosphere conducive for minority businesses.
M. Perform such other functions and duties as may be requested by the Mayor and/or City Council or prescribed or authorized by any resolution or ordinance of the City.
N. Investigate and report on patterns of discrimination and means to eliminate such patterns of discrimination in failing to list, show or transmit an offer, or to sell, rent, lease, sublease, sign, transfer, or otherwise dispose of a housing accommodation; or failure to act upon or provide financial assistance; or to ask questions about or keep records of; or to otherwise discriminate.
The Commission shall refer any complaints of discrimination to the appropriate State or Federal agency(ies) in order to not duplicate the efforts of the State Human Rights Commission or the Federal Equal Employment Opportunity Commission, or any Federal or other State agency.
In defining and prescribing the above duties and functions of the Commission it is not the intent of the City Council to duplicate or overlap functions, duties or responsibilities heretofore or hereafter assigned to any department or board or committee of the City or the responsibilities of the chief executive. (Ord. 3191, 1-9-78; Ord. 3807, 4-23-84; Ord. 4420, 10-11-93; Ord. 5155, 9-26-05)
2-7-4 APPOINTMENT AND MEMBERS:
The Advisory Commission on Diversity shall consist of nine (9) members, one of whom shall be a youth representative under 21 years of age at the time of appointment. The members of the Commission shall be citizens of the City of Renton and representative of a cross section of the citizens of this community, including members of minority groups. Members shall consist of those persons who have demonstrated an interest and/or expertise in civil or human rights and who are willing to promote actively the goals of the Commission. Prospective new members may be interviewed by a majority of the Commission members for recommendation to the Mayor for appointment with confirmation by a majority vote of the Council.
A. All of the members shall serve without compensation but may be reimbursed for related business expense incurred in performance of their duties, and as authorized by law. The members of the Commission shall appoint one of their members as chairperson, and one other member as secretary, and said persons shall serve in said capacity for the period of one year or until their successors have been elected by the members.
B. Members of the Commission shall be appointed by the Mayor, subject to confirmation or concurrence by a majority of Council members for a period of two (2) years; each such member shall serve until his or her successor has been appointed and qualified. Any vacancy on the Commission shall be filled for the unexpired term in the same manner as the original appointment. The appointing authority has the right to remove any member of the Commission for good cause shown with concurrence of the City Council after due hearing.
C. A majority of the members so appointed shall constitute a quorum for the purpose of conducting the business of the Commission. (Ord. 3191, 1-9-78; Ord. 5155, 9-26-05)
2-7-5 APPOINTMENT OF SUBCOMMITTEES:
A majority of the members of the Commission may name such subcommittee or subcommittees, as in its judgment, will aid in effectuating the purpose of this Chapter and may empower any such subcommittee to study the problems of prejudice, intolerance, bigotry and discrimination in all or any fields of human relationship within the purview of this Chapter. (Ord. 5155, 9-26-05)
2-7-6 INVESTIGATIONS, PUBLIC HEARINGS, AND RESEARCH:
The Commission shall, upon referral to it by the Administration, conduct its own investigation of tensions and practices of discrimination against any group or organization by reason of race, color, creed, national origin, age, sex, sexual orientation, the presence of any sensory, mental or physical disability or marital status and may conduct public hearings with regard thereto, carry on research, obtain factual data and conduct public hearings to ascertain the status and treatment of racial, religious, ethnic and similar groups in the City and the best means of progressively improving human relations, and make such recommendations to the Mayor and City Council, as in its judgment, will effectuate the policies and goals of this Chapter. (Ord. 4420, 10-11-93; Ord. 5155, 9-26-05)
2-7-7 PROCEDURE, MEETINGS, AND INTERPRETATION:
The provisions of this Chapter shall be construed liberally for the accomplishment of the purposes set forth in this Chapter. Nothing contained herein shall be deemed to amend, repeal or modify any of the provisions of any civil rights law or any other law of the federal or state government, or any other provisions of this Code relating to discrimination because of race, color, creed, national origin, age, sex, sexual orientation, the presence of any sensory, mental or physical disability or marital status as defined in this Chapter. (Ord. 4420, 10-11-93; Ord. 5155, 9-26-05)
2-7-8 CITY COUNCIL REVIEW:
The Commission shall submit unto the City Council, by January 31st of each year, a summary of all actions taken by the Commission, including the investigation of complaints and disposition therefrom, during the preceding year so that the City Council may fully review the manner in which the Advisory Commission on Diversity has implemented and enforced the provisions of this Chapter. (Ord. 3191, 1-9-78; Ord. 5155, 9-26-05)
CHAPTER 8
MUNICIPAL ARTS COMMISSION1SECTION:
2-8-1: Creation Of Municipal Arts Commission
2-8-2: Purpose
2-8-3: Function
2-8-4: Appointments
2-8-5: Members
2-8-6: Term
2-8-7: Works Of Art And Public Facilities
2-8-1 CREATION OF MUNICIPAL ARTS COMMISSION:
There is hereby created a Municipal Arts Commission. (Ord. 5155, 9-26-05)
2-8-2 PURPOSE:
The City of Renton recognizes and acknowledges the importance of and benefit to the public in providing visual art and performance in its public works and facilities, and encouraging and promoting such art and the work of artists. It shall therefore be the policy of the City, unless otherwise prohibited or limited by law, to direct and further the inclusion of art in its public works. The term “art” shall be liberally construed and includes the conscious production or arrangement of sounds, colors, forms, movements or other elements in a manner that affects the sense of beauty and is of aesthetic value. (Ord. 5155, 9-26-05; Ord. 5365, 3-24-08)
2-8-3 FUNCTION:
A. The Commission shall act in an advisory capacity to the Mayor and City Council in connection with the artistic and cultural development of the City. The Commission shall also act as the conservator of the City’s works of public art.
B. The Commission shall be responsible for reviewing the design, execution and acceptance of works of art funded or otherwise acquired by the City. Procedures for these responsibilities shall be developed by the Commission in writing and a copy thereof shall be filed with the City Clerk of the City and furnished unto the office of the Mayor and City Council. Such procedures shall not be in full force and effect until approved by the City Council.
C. The Commission shall develop a Five-Year Master Plan for Arts and Culture, which shall include the City’s vision and goals for future works of public art, and a strategic plan for implementing these goals.
The Five-Year Master Plan shall be subject to review and approval by the Mayor and City Council on an annual basis. During the Commission’s annual review of all capital improvement projects as set forth in subsection D of this Section, the Mayor shall propose, for Council review and approval, which Master Plan elements should receive funding based on the projected one percent (1%) for art funding guidelines as set forth in RMC 2-8-7 or as otherwise determined by the City Council.
D. Prior to August 1st of each year or during the City’s annual budget process, the Commission shall review with the Mayor, or his/her representative, all capital improvement projects anticipated within the following two (2) year period to determine which projects are appropriate for inclusion of works of art and to estimate the amount to be allocated for said purpose. The Mayor, with appropriate budgetary authorization from the City Council, may establish the amount to be provided for the project(s), as guided by RMC 2-8-7. If, however, the Mayor decides that there will be no funds expended for art on a municipal construction project, and upon concurrence from the City Council, then the funds allocated therefor shall be expended as set forth in RMC 2-8-7C or as otherwise determined by the City Council. Copies of any proposals prepared by the Commission shall likewise be furnished to the Department of Community and Economic Development of the City.
1. Definition of municipal construction project: Any public building, decorative or commemorative structure, park, street, sidewalk, parking facility, or any portion thereof, within the City limits, which will be constructed, renovated or remodeled, and paid for wholly or in part by the City, and the total project cost of which exceeds ten thousand dollars ($10,000.00) to construct, renovate or remodel.
2. “Municipal construction project” shall not be defined to include capital projects paid for wholly or in part by the City’s water and sewer utility.
E. Whenever a work of art is to be funded under this Chapter the Commission shall, under its guidelines, select the appropriate work(s) of art and recommend that work(s) of art to the City Council. The City Council shall consider the recommendation of the Commission and either approve or refuse to approve the recommended work(s) of art. Should the Council refuse to approve the work(s) of art, then the Commission shall consider and recommend another work(s) of art to the City Council. Should the City Council approve the work(s) of art, then the administration shall proceed to contract with the appropriate artist or artists to obtain the work(s) of art. The contract with the artist or artists will be administered by the City staff.
F. Maintenance, inspection and rotation of works of art selected and installed under the advice and direction of the Renton Municipal Arts Commission shall be the responsibility of the administration of the City. The Commission may develop a conservation policy from which it may prepare specifications for a maintenance plan for the City’s works of art. The artwork maintenance shall be performed by the City’s Facilities Division. The Commission shall inspect such maintenance work and make recommendations for the guidance of the administration in so maintaining the works of art.
G. The Commission shall seek, whenever appropriate, alternative sources of financing for the visual and/or performing arts.
H. The Commission shall be responsible for disbursing money budgeted to it for support of cultural arts performances, arts-related activities and organizations. Such money shall be used to support specific performances such as choral concerts or play performances, performing arts events such as the River Days Art Show, or special projects of a performing arts group such as coaches and music tutors for the Renton Youth Symphony. Such funds may not be used for capital purchases, facility renovations, maintenance or other non-performance expenditures. Any such funded performance must be held in Renton and primarily benefit Renton residents. (Ord. 5155, 9-26-05; Ord. 5365, 3-24-08)
2-8-4 APPOINTMENTS:
The Municipal Arts Commission shall consist of twelve (12) members appointed by the Mayor and subject to confirmation by a majority of the members of the City Council. Of those twelve (12) members, at least four (4) shall be residents of the City and one member shall be under the age of 21 years. All members of the Commission shall serve without compensation for such service. (Ord. 5155, 9-26-05)
2-8-5 MEMBERS:
The membership on the Commission shall, whenever possible, include members from a variety of art fields and related professions. The Mayor and City Council may solicit suggested nominations for such appointments from architectural, art, musical, literary, educational and other cultural organizations.
The Commission shall organize and elect a chairman annually. The Commission may organize such subcommittees as it deems necessary. In order to implement such purposes, the Commission may call upon such City departments as will assist the Commission’s function, and appointed City officials and members of the various City departments are encouraged to consult and advise with the Commission from time to time. (Ord. 5155, 9-26-05)
2-8-6 TERM:
All such appointments to the Commission shall be for three (3) year terms, with one-third (1/3) of the terms expiring each year. All appointments heretofore made by the Mayor and City Council to such Municipal Arts Commission are hereby confirmed. Members of the Municipal Arts Commission may be removed at any time by the appointing authority and vacancies for the remainder of unexpired terms shall be filled in the same manner as the original appointment. (Ord. 5155, 9-26-05)
2-8-7 WORKS OF ART AND PUBLIC FACILITIES:
A. Subject to the consultation requirements of RMC 2-8-3D, all authorizations and/or appropriations for municipal construction projects shall, concurrently, upon budgeting therefor by the City Council and authorization by the Mayor, whenever legally permitted, include an amount equal to not less than one percent (1%) of the actual total project cost, to be used for the selection, acquisition and/or installation of works of art to be placed in, on, or about City public facilities, which are suitable and appropriate therefor. The amount that is transferred to the one percent (1%) for art fund, based on the project’s budget cost that is used for planning purposes, shall be adjusted up or down from that amount, based on the actual total project cost after it has been completed. In the event any law, rule or regulation establishing a source of funds for a particular project, including but not limited to grants, loans, or assistance from Federal, State or other governmental units, prohibits, limits or excludes art and art works as a proper expenditure, then the amount of funds from such source shall be excluded in computing the one percent (1%) amount of the total project cost.
B. All funds authorized and/or appropriated pursuant to this Section shall be maintained in the one percent (1%) for arts fund. The City Council, upon the recommendation and advice of the Commission, shall approve, from time to time, the amount to be allocated for the selection, acquisition and/or installation of individual works of art to be placed either as an integral part of the municipal construction project in connection with which the funds were appropriated or attached thereto, or detached within or outside such project, or to be placed in, on or about other public facilities. All of such expenditures for art shall be approved by the City Council and as otherwise provided by law.
C. Funds authorized and/or appropriated pursuant to this Section for a municipal construction project but not expended on any such project shall be placed and retained in the one percent (1%) for arts reserve fund. If for any reason any transfer to such fund shall be contrary to law or prohibited by any rule or regulation governing such funds, then any such unspent or residual sum authorized and/or appropriated as a part of such construction project may be expended for any like or similar public purpose or purposes relating to the selection, acquisition and/or installation of works of art. (Ord. 5155, 9-26-05; Ord. 5365, 3-24-08)
CHAPTER 9
PARK COMMISSION2SECTION:
2-9-1: Creation Of Parks Commission
2-9-2: Authority
2-9-3: Function
2-9-4: Appointment; Members
2-9-5: Term
2-9-6: Rules And Regulations
2-9-7: Appointment, Qualifications, And Duties Of Parks Director And Recreation Director
2-9-1 CREATION OF PARKS COMMISSION:
There is hereby created a Parks Commission. (Ord. 5155, 9-26-05)
2-9-2 AUTHORITY:
The Parks Commission is established pursuant to RCW 67.20.010. (Ord. 5155, 9-26-05)
2-9-3 FUNCTION:
A. The Parks Commission shall establish policy to conduct any form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner, including policy to control and supervise all parks belonging to the City.
B. In conjunction with the Mayor and City Council, the Parks Commission may plan, promote, manage, construct, develop, maintain and operate, either within or without the City limits, parks, play and recreational grounds and/or other municipally owned recreation facilities, including community buildings and improve and ornament the same.
C. The Parks Commission shall receive, in the name of the City, all monies or other property donated by individuals or groups for the improvement of parks and other recreational areas. The Commission reserves the right to reject any such donations, subject to the approval of the Council, in the event that any such donation be considered improper, unlawful or contrary to the purposes as set forth. Any cash received by the Commission on behalf of the City shall be forthwith paid to the Administrator of the Finance and Information Services Department and same shall be placed in the Park Fund.
D. The Parks Commission is authorized to grant concessions and privileges within the parks and recreational areas, under such restrictions, and for such compensation as it shall prescribe, and any monies or properties paid thereunder shall be turned over to the Administrator of the Finance and Information Services Department. Such revenue shall be used for park purposes only. Any party aggrieved by the Commission in granting or denying such concession and privileges shall have the right of appeal to the Council within thirty (30) days of such action by the Commission. No concession shall be granted for a period of more than five (5) years, with the right for an extension for an additional five (5) year period of time, should the Commission deem it advisable, and then only upon condition that the concessionaire fulfill all conditions and provisions of the original five (5) year concession contract.
E. The Commission shall not have the power to acquire any property, by gift or otherwise, without the consent of the Council and any properties so received and acquired shall be in the name of the City. (Ord. 5155, 9-26-05)
2-9-4 APPOINTMENT; MEMBERS:
The Parks Commission shall consist of eight (8) members, who shall be residents of the City of Renton, one of whom shall be under 21 years of age at the time of appointment, who shall be appointed by the Mayor, subject to the confirmation by a majority of the members of the City Council. No Commissioner shall receive any compensation for his or her service whatsoever except for reimbursement of actual expenditures duly authorized by the City Council. (Ord. 5155, 9-26-05)
2-9-5 TERM:
The term of each Commissioner so appointed shall be for a period of four (4) years from the date of such appointment. Such term shall also apply to incumbent Commissioners and each Commissioner shall serve until his or her successor has been appointed and duly qualified. The terms of office shall begin on the first Monday in June. At the expiration of each Commissioner’s term, the Mayor shall appoint, subject to confirmation or concurrence of a majority of Council members, a successor Commissioner.
Members of the Parks Commission may be removed at any time by the appointing authority and vacancies for the remainder of unexpired terms shall be filled in the same manner as the original appointment. Three unexcused absences in a one-year period of time shall result in automatic removal of the Commissioner. The Commission shall, by a majority vote, elect one of its members to be President thereof and may appoint such other officers as may be deemed necessary by them. (Ord. 5155, 9-26-05)
2-9-6 RULES AND REGULATIONS:
A. Commission Authority: The Parks Commission shall have the authority to propose the rules and regulations for the operation, management and maintenance of parks and other recreational facilities, including recommendations to the City Council to fix charges for the use of any municipally owned or controlled park or recreational facilities.
B. Council Adoption: The parks rules and regulations shall be submitted to the City Council for approval and adoption. The parks rules and regulations, as they may be amended, from time to time, shall be effective upon their approval by Council voice vote and the filing of at least one copy of said park rules and regulations with the City Clerk.
C. Penalties: Those parks rules and regulations identified as criminal violations are punishable pursuant to City Code Section 1-3-1. Those parks rules and regulations identified as civil violations are punishable pursuant to City Code Section 1-3-2. (Ord. 5155, 9-26-05)
2-9-7 APPOINTMENT, QUALIFICATIONS, AND DUTIES OF PARKS DIRECTOR AND RECREATION DIRECTOR:
A. When there is a vacancy in the position of Parks Director or Recreation Director, the Parks Commission, in conjunction with the Community Services Administrator, shall recommend one or more qualified candidates for the positions of Parks Director or Recreation Director to the Mayor for consideration for an appointment to that position. The Mayor shall appoint a candidate to the position of Parks Director or Recreation Director, or may reject the recommendations of the Parks Commission, and ask for additional names to be submitted. The Mayor shall not appoint a Parks Director or Recreation Director without that individual’s name having been recommended by the Parks Commission. The person that the Mayor appoints to the position of Parks Director or Recreation Director shall be subject to confirmation by the City Council.
B. The qualifications and duties for the positions of Parks Director and Recreation Director shall be established by the Human Resources Department of the City with the concurrence of the Parks Commission.
C. The Parks Director or Recreation Director may serve as an ex officio member of the Parks Commission but shall have no vote thereon. This individual shall be the liaison or staff support to the Park Board.
D. The salaries of the Parks Director or Recreation Director shall be as fixed in the annual budget of the City. (Ord. 5155, 9-26-05)
CHAPTER 10
PLANNING COMMISSION3SECTION:
2-10-1: Creation Of Planning Commission
2-10-2: Authority
2-10-3: Function
2-10-4: Appointment
2-10-5: Members
2-10-6: Term
2-10-7: Expenditures; Budget
2-10-1 CREATION OF PLANNING COMMISSION:
There is hereby created a Planning Commission in the City of Renton. (Ord. 5155, 9-26-05)
2-10-2 AUTHORITY:
The Planning Commission is established pursuant to RCW 35A.63.020, providing for its membership, method of appointment, organization and duties. (Ord. 5155, 9-26-05)
2-10-3 FUNCTION:
A. Power: The Planning Commission shall serve in an advisory capacity to the Mayor and the City Council and shall have such powers and duties as shall be provided for herein.
B. Authority: The City Council and Mayor have designated the Planning Commission to function as the public hearing body for many planning related activities of the City. The Council may, at its discretion, retain this function for any specific project, proposal, or plan.
C. Representation: Planning Commissioners are entrusted to make recommendations reflecting the broad interests of the community.
D. Conduct: All Commissioners shall conduct themselves in a manner consistent with the Code of Ethics for Municipal Officers, Chapter 42.23 RCW. In formulating its recommendations to the City Council, the Planning Commission and its advisory committees may conduct public hearings; however, in any event all meetings of the Commission or its advisory committees shall be open to the public pursuant to the Open Public Meetings Act.
E. General Duties: The primary responsibility of the Planning Commission is to review the Comprehensive Plan, carry out work activities in the work program adopted by the City Council, and to elicit public input for and to advise the City Council and the Mayor on land use planning matters.
F. Scope Of Review: At the direction or referral by the City Council, the Planning Commission shall review staff proposals, hold public hearings, and submit recommendations to the City Council and the Mayor on the adoption of and amendments to the following:
1. The Comprehensive Plan and new goals and policies.
2. Neighborhood or subarea plans and studies which will amplify and augment the Comprehensive Plan. The Commission may conduct periodic planning studies of homogenous community units, distinctive geographic areas, or other types of districts having unified interest within the total area of the City which will amplify and augment the Comprehensive Plan.
3. Shoreline Master Program amendments after holding a public hearing.
4. Land Use Regulations and processes upon Council request.
5. Duties related to Development Regulations and processes as described in RMC 4-8-070.
6. Other land use plans and programs contained in the Commission’s work program, or referred by the City Council.
7. Short-range programs as necessary for implementation of the Comprehensive Plan. (Ord. 5155, 9-26-05)
2-10-4 APPOINTMENT:
The Planning Commission shall consist of nine (9) members, appointed by the Mayor and confirmed by a majority of the members of the City Council. (Ord. 5155, 9-26-05; Ord. 5366, 4-7-08)
2-10-5 MEMBERS:
A. All Planning Commission members shall be residents of the City of Renton.
B. Members shall be selected without respect to political affiliations, shall serve without compensation, and the appointees shall constitute a cross section of the community representing different interests, geographical areas, trades, professions and activities.
C. The Planning Commission shall elect its own chair, vice-chair, and secretary. It may create and fill such other offices as it may determine from time to time.
D. The Commission shall hold at least twelve (12) regular meetings in each year. (Ord. 5155, 9-26-05)
2-10-6 TERM:
The term of each appointee shall be for three (3) years and such appointment shall be made on July 1st and February 1st respectively for such three (3) year terms. Those members currently serving shall continue to serve for the remainder of their appointed terms.
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term in the same manner as the original appointment was made. Members may be removed by the Mayor, with the approval of the majority of the City Council, for neglect of duty, malfeasance or misfeasance in office, or when such appointee misses three (3) unexcused meetings within any twelve (12) month period. (Ord. 5155, 9-26-05)
2-10-7 EXPENDITURES; BUDGET:
The expenditures of the Planning Commission shall be limited to those authorized by the Community and Economic Development Administrator as appropriated in the Planning Division’s annual budget. The services and facilities of the Planning Division shall be utilized by the Commission in performing its duties. (Ord. 5155, 9-26-05; Ord. 5366, 4-7-08)
CHAPTER 11
UNFAIR HOUSING PRACTICES(Repealed by Ord. 5155, 9-26-05)
CHAPTER 12
HUMAN SERVICES ADVISORY COMMITTEESECTION:
2-12-1: Creation Of Human Services Advisory Committee
2-12-2: Function
2-12-3: Appointment
2-12-4: Members
2-12-5: Term
2-12-6: Rules And Procedures
2-12-1 CREATION OF HUMAN SERVICES ADVISORY COMMITTEE:
There is hereby created a Human Services Advisory Committee. (Ord. 4833, 3-13-00; Ord. 5155, 9-26-05)
2-12-2 FUNCTION:
The purpose of the Committee shall be to:
A. Understand the human service needs of Renton residents.
B. Evaluate and recommend to the Mayor, City Council and City staff, allocation of funds to specific programs and projects that meet those needs.
C. Assist staff in developing policies related to human services affecting Renton residents.
D. Keep current on community-wide actions that may affect the availability and quality of human service provision in Renton. (Ord. 5155, 9-26-05)
2-12-3 APPOINTMENT:
The membership shall consist of eleven (11) members residing within the corporate boundaries of the City of Renton, one of whom shall be a youth representative under 21 years of age at the time of appointment. (Ord. 5155, 9-26-05; Ord. 5259, 2-26-07)
2-12-4 MEMBERS:
The committee shall be composed of people who represent the diverse nature of the City, including geography, gender, age and ethnicity. (Ord. 4833, 3-13-00; Ord. 5155, 9-26-05)
2-12-5 TERM:
The Mayor will appoint members of the Renton Human Services Advisory Committee for a three (3) year term of office. Those members currently serving shall continue to serve for the remainder of their appointed terms. (Ord. 5155, 9-26-05)
2-12-6 RULES AND PROCEDURES:
The Human Services Advisory Committee shall further establish in its bylaws, such written rules and procedures deemed necessary to carry out the foregoing duties. (Ord. 4833, 3-13-00; Ord. 5155, 9-26-05)
CHAPTER 13
LIBRARY BOARDSECTION:
2-13-1: Creation Of Library Board
2-13-2: Authority
2-13-3: Function
2-13-4: Appointment
2-13-5: Terms; Vacancies
2-13-6: Meetings And Quorum
2-13-7: Appointment, Qualifications, And Duties Of Library Director
2-13-8: Budget And Finances
2-13-9: Labor Agreements And Personnel Policy
2-13-1 CREATION OF LIBRARY BOARD:
There is hereby created a Library Board in the City of Renton. (Ord. 5155, 9-26-05)
2-13-2 AUTHORITY:
The Library Board is established pursuant to RCW 35A.27.010. (Ord. 5155, 9-26-05)
2-13-3 FUNCTION:
A. The Board shall have the power to establish policy for library activity, including policy for the control and supervision of all libraries belonging to the City.
B. In conjunction with the Mayor and City Council, the Library Board may further establish policy to plan, promote, manage, construct, develop, maintain and operate, within the City limits, libraries and improve and ornament the same.
C. The Board shall further receive, in the name of the City, all monies or other property donated by individuals or groups for the improvement of libraries; the Board reserves the right to reject any such donations in the event that any such donations be considered improper, unlawful or contrary to the purposes set forth. Any cash received by the Board on behalf of the City shall be paid to the Director of Finance and same shall be placed in the Library Fund. (Ord. 5155, 9-26-05)
2-13-4 APPOINTMENT:
The Library Board shall consist of seven (7) members, who shall be citizens of the City of Renton, and who shall be appointed by the Mayor, subject to the confirmation by a majority of the members of the City Council, one of which shall be a youth representative under 21 years of age at the time of appointment. No Library Board member shall receive any compensation for his or her service whatsoever except for reimbursement of actual expenditures duly authorized by the City Council. (Ord. 5155, 9-26-05)
2-13-5 TERMS; VACANCIES:
A. The term of each Library Board member so appointed shall be for a period of five (5) years from the date of such appointment, unless the appointment is to fill an unexpired term, except for the youth member, who shall serve for two years. Such designated term shall also apply to incumbent members who shall have a term of office coinciding with their term on that predecessor board. A vacancy shall occur upon the resignation, death, or removal of a member. A vacancy shall also occur whenever a Board member absents himself or herself for three (3) consecutive regular meetings of the Board or for an aggregate of five (5) regular and/or special meeting in a single year, unless the absences are excused by action of the remaining members.
B. No person shall be appointed to the Library board for more than two consecutive terms. The first appointments to the Library Board created by this Chapter shall be of those individuals who were members of the Library Board in existence at the time the ordinance codified in this Chapter is adopted.
C. Members of the Library Board may be removed at any time by the appointing authority and vacancies for the remainder of unexpired terms shall be filled in the same manner as the original appointment. The Board shall, by majority vote, elect one of its members to be President thereof, and may elect such other officers as may be deemed necessary by them. (Ord. 5155, 9-26-05)
2-13-6 MEETINGS AND QUORUM:
The Library Board shall have a regular meeting each month and may, from time to time, provide for special meetings as may be needed to carry out the proper discharge of its duties. A majority of the Library Board shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. (Ord. 5155, 9-26-05)
2-13-7 APPOINTMENT, QUALIFICATIONS, AND DUTIES OF LIBRARY DIRECTOR:
A. When there is a vacancy in the position of Library Director, the Library Board members, in conjunction with the Community Services Administrator, shall recommend one or more qualified candidates to the Mayor for consideration for appointment to that position.
B. The qualifications and duties for the position of Library Director shall be established by the Human Resources Department of the City with the concurrence of the Library Board. In accordance with RCW 27.04.030, candidates for the position of Library Director shall hold a master’s degree in library science and shall hold or be eligible to acquire a State of Washington librarian’s certificate. The Library Director shall report to the Community Services Administrator, who will seek input from the Library Board for an annual evaluation of the director’s performance.
C. The Library Director may serve as an ex officio member of the Library Board but shall have no vote thereon.
D. The salary of the Library Director shall be as fixed in the annual budget of the City. (Ord. 5155, 9-26-05)
2-13-8 BUDGET AND FINANCES:
Library appropriations and expenditures shall conform with the requirements of state law and the Renton City Code. The City Council shall have final authority to review and approve the library budget. The library budget proposal shall be developed by the Library Director and reviewed by the Library Board within a resource estimate provided by the Mayor. (Ord. 5155, 9-26-05)
2-13-9 LABOR AGREEMENTS AND PERSONNEL POLICY:
The Mayor shall negotiate labor agreements and salary schedules for library personnel, these agreements to be integrated with the citywide pay plan, personnel policies and collective bargaining contracts. The Library Board members shall be consulted at the time of contract negotiations or when policies affecting library personnel or operations are to be changed in order that their concerns may be considered. (Ord. 5155, 9-26-05)
CHAPTER 14
ENVIRONMENTAL REVIEW COMMITTEESECTION:
2-14-1: Creation Of Environmental Review Committee
2-14-2: Authority
2-14-3: Members
2-14-4: Duties
2-14-1 CREATION OF ENVIRONMENTAL REVIEW COMMITTEE:
There is hereby created an Environmental Review Committee (ERC) in the City of Renton. (Ord. 5155, 9-26-05)
2-14-2 AUTHORITY:
Pursuant to Chapter 43.21C RCW, the ERC shall act as the City’s responsible official under the State Environmental Policy Act. (Ord. 5155, 9-26-05)
2-14-3 MEMBERS:
The ERC shall consist of four (4) members, composed of the Fire Chief, the Administrator of the Planning/Building/Public Works Department, the Administrator of the Department of Economic Development, Neighborhoods and Strategic Planning, and the Administrator of the Community Services Department, or the designees of such members. (Ord. 5155, 9-26-05)
2-14-4 DUTIES:
The ERC shall perform the function of the responsible official as required and authorized in Chapter 43.21C RCW and Chapter 197-11 WAC. In particular, the ERC shall make environmental determinations, conditioned or not, and approve and publish environmental impact statements with or without conditions. (Ord. 5155, 9-26-05)
CHAPTER 15
LEOFF DISABILITY BOARDSECTION:
2-15-1: Creation Of LEOFF Disability Board
2-15-2: Authority
2-15-3: Membership
2-15-4: Duties
2-15-5: Term
2-15-1 CREATION OF LEOFF DISABILITY BOARD:
There is hereby created a LEOFF Disability Board in the City of Renton. (Ord. 5155, 9-26-05)
2-15-2 AUTHORITY:
This Board is created under the authority of RCW 41.26.110 through 41.26.115, RCW 41.50.050, and Chapter 415-105 WAC. (Ord. 5155, 9-26-05)
2-15-3 MEMBERSHIP:
The LEOFF Disability Board shall consist of five (5) members, which shall be composed of two members of the City Council appointed by the Mayor, one member elected by the firefighters, one member elected by the police officers, and one member of the public at large who resides within the City. The member of the public at large shall be appointed by the other four Board members. (Ord. 5155, 9-26-05)
2-15-4 DUTIES:
The LEOFF Disability Board shall handle all disability and disability retirement issues under the LEOFF system and shall establish rules, regulations and procedures for performing that function. (Ord. 5155, 9-26-05)
2-15-5 TERM:
The term of each member shall be for two years. The terms of the members currently serving shall be served until expiration or resignation, at which time substitute members shall be appointed or elected as provided herein. (Ord. 5155, 9-26-05)
CHAPTER 16
LODGING TAX ADVISORY COMMITTEESECTION:
2-16-1: Creation Of Lodging Tax Advisory Committee
2-16-2: Authority
2-16-3: Membership
2-16-4: Function
2-16-5: Term
2-16-1 CREATION OF LODGING TAX ADVISORY COMMITTEE:
There is hereby created a Lodging Tax Advisory Committee in the City of Renton. (Ord. 5155, 9-26-05)
2-16-2 AUTHORITY:
The Lodging Tax Advisory Committee is formed pursuant to RCW 67.28.1817. (Ord. 5155, 9-26-05)
2-16-3 MEMBERSHIP:
The Lodging Tax Advisory Committee shall have five members and shall consist of two members who are representatives of a business required to collect taxes under Chapter 67.28 RCW, and two members who are persons involved in activities authorized to be funded by revenue received under that chapter. One such member shall be the president of the Greater Renton Chamber of Commerce, and another member shall be the City of Renton’s Community Relations Manager. Persons eligible to be appointed as representatives of a business collecting tax may not be appointed as a person involved in activities authorized to be funded by the revenue from the tax. The fifth member of the Committee shall be an elected official of the City. (Ord. 5155, 9-26-05)
2-16-4 FUNCTION:
The Lodging Tax Advisory Committee reviews and comments on any proposed imposition of a lodging tax, and increase of such tax, the repeal or exemption from the tax, the use of the revenue received from that tax, or any change in use of the revenue received from that tax. (Ord. 5155, 9-26-05)
2-16-5 TERM:
The City Council shall review and appoint the membership on an annual basis. Vacancies shall be filled by the City Council. (Ord. 5155, 9-26-05)
CHAPTER 17
AIRPORT ADVISORY COMMITTEESECTION:
2-17-1: Creation Of Airport Advisory Committee
2-17-2: Membership
2-17-3: Alternates
2-17-4: Function
2-17-5: Chair and Meetings
2-17-6: Term.
2-17-1 CREATION OF AIRPORT ADVISORY COMMITTEE:
There is hereby created an Airport Advisory Committee in the City of Renton. (Ord. 5155, 9-26-05)
2-17-2 MEMBERSHIP:
The Airport Advisory Committee shall have 17 voting members and four non-voting members. The Airport Advisory Committee shall have the following representation:
ORGANIZATION
NUMBER OF MEMBERS
VOTING MEMBERS
Neighborhood Representatives:
Kennydale
1 member
The Highlands
1 member
Talbot Hill
1 member
North Renton
1 member
South Renton
1 member
West Hill
1 member
Renton Hill
1 member
Mercer Island
1 member
Airport Representatives:
Airport Leaseholders
2 members
Airport-At-Large
2 members
Washington Pilot’s Association
1 member
The Boeing Company
1 member
Aircraft Owners’ and Pilots’ Association
1 member
City Council Transportation Committee:
1 member
Administrator, Planning/Building/Public Works:
1 member
NON-VOTING MEMBERS
Renton Municipal Airport Manager:
1 non-voting member
City Department Representatives:
as needed, non-voting
WSDOT Aviation Division Representative:
1 non-voting member
Federal Aviation Administration Representative:
1 non-voting member
The Airport Advisory Committee voting and non-voting members shall be appointed by the Mayor and confirmed by a majority of the members of the City Council. In the event the Mayor does not make an initial appointment of an Airport Advisory Committee member within 45 days of a vacancy in the Airport Advisory Committee, the City Council President may make the appointment subject to confirmation by a majority of the members of the City Council. (Ord. 5155, 9-26-05; Ord. 5260, 2-26-07)
2-17-3 ALTERNATES:
A. For each neighborhood representative voting member position, a member and an alternate shall be recommended by the neighborhoods for appointment by the Mayor. The recommended individuals shall have no aviation related background.
B. For each Airport Leaseholder Voting Member position, two members and two alternates shall be recommended by the holders of airport property leases for appointment by the Mayor. For each Airport-At-Large Voting Member position, two members and two alternates shall be recommended by aircraft owners and pilots, who lease aircraft storage space at the Renton Municipal Airport, for appointment by the Mayor. For each aircraft owners’ and pilots’ association position, one member and one alternate shall be recommended by aircraft owners and pilots who are members of the Aircraft Owners’ and Pilots’ Association (AOPA), the Experimental Aircraft Association (EAA) or the Washington Seaplane Pilots’ Association. (Ord. 5155, 9-26-05)
2-17-4 FUNCTION:
The role of the Airport Advisory Committee will be to act in an advisory capacity to the Mayor and City Council on matters referred to the Airport Advisory Committee by the City Council. The primary function will be to provide a forum for members of the community to discuss their concerns directly with airport operators and for collaborative problem solving and resolution of their issues. (Ord. 5155, 9-26-05)
2-17-5 CHAIR AND MEETINGS:
The Committee shall elect a chairperson from the voting membership and establish meeting times. The Advisory Committee shall have the authority to change its meeting times as may be necessary. (Ord. 5155, 9-26-05)
2-17-6 TERM:
The terms for all voting members shall be for three years and shall be staggered as follows:
A. For the neighborhood representatives the initial terms shall be two neighborhood representatives at three years each; two neighborhood representatives at two years each; and two neighborhood representatives at one year each. Each subsequent term shall be for three years.
B. For aviation representatives (AOPA, Boeing, and airport representatives) the initial terms shall be: two aviation representatives at three years; two aviation representatives at two years; and two aviation representatives at one year. Each subsequent term shall be for three years.
C. The City Council member and the Planning/Building/Public Works member shall not have staggered terms.
D. Staggered terms for the neighborhood and aviation representatives have been established. The City Council member shall be selected by the Council. The Planning/Building/Public Works member shall be selected by the Department Administrator having responsibility for the Renton Airport.
E. Those members currently serving shall continue to serve for the remainder of their appointed terms. (Ord. 5155, 9-26-05)
CHAPTER 18
GENERAL MEMBERSHIP AND PROCEDURESSECTION:
2-18-1: Citizenship
2-18-2: Family Or Household Members
2-18-3: Multiple Appointments
2-18-4: Reporting And Minutes
2-18-5: Rules Of Order
2-18-6: Severability
2-18-1 CITIZENSHIP:
Any member of a board or commission must be a citizen of the United States. Such member shall be a citizen of the City of Renton unless state law or the authorizing ordinance states otherwise or the commissioner is to represent a certain segment of society, i.e., a business representative doing business with the City but not necessarily a citizen of Renton. The citizenship condition may be waived by the Council, upon request by the Mayor. (Ord. 5155, 9-26-05)
2-18-2 FAMILY OR HOUSEHOLD MEMBERS:
A. A single Board or Commission shall not have more than one member of a direct family or household as a member of that Board or Commission.
B. No members of Councilmembers’ direct families or households shall be appointed to a Board or Commission.
C. For purposes of this Chapter, a direct family member shall be a spouse, parent, child, or sibling. (Ord. 5155, 9-26-05)
2-18-3 MULTIPLE APPOINTMENTS:
A. No person, except a Council member, shall be appointed to serve concurrently as a member of more than one Board or Commission.
B. Councilmembers shall not serve on Boards and Commissions, unless authorized by State law or this Title, or the Board or Commission is serving as a subcommittee or advisory committee to a City Council committee, i.e., the Airport Advisory Committee. (Ord. 5155, 9-26-05)
2-18-4 REPORTING AND MINUTES:
A. All Boards, Commissions, and Committees shall take formal minutes of their meetings and shall appoint a member to take such minutes, or such minute responsibility may be delegated to a staff support person if there is a staff support person assigned to the Board, Commission, or Committee, on a permanent basis, who is always in attendance at such meetings.
B. A copy of all Minutes shall be filed with the City Clerk as the official record.
C. Any rules and regulations adopted by any Board, Commission, or Committee shall be filed with the City Clerk.
D. Except as otherwise stated in state law, all meetings of Boards, Commissions, and Committees are open public meetings.
E. All Boards, Commissions, and Committees shall establish regular dates and times for meetings, and shall consult with the City Clerk about scheduling special meetings and announcing meeting cancellations. (Ord. 5155, 9-26-05)
2-18-5 RULES OF ORDER:
The proceedings of all Boards and Commissions shall be governed by the most current edition of Robert’s Rules of Order. (Ord. 5155, 9-26-05)
2-18-6 SEVERABILITY:
If any section, subsection, subdivision, sentence, clause or phrase of this Title is for any reason held to be unconstitutional or void, such decision shall not affect the validity of any of the remaining portions of this Chapter. (Ord. 5155, 9-26-05)
1 Prior legislation: Ords. 2969, 10-6-75; 3563, 7-27-81; 3678, 11-15-82; 3749, 9-26-83; 4380, 12-7-92 and 4838, 5-8-2000.
2 Prior legislation: Ords. 2857, 6-3-74; 3127, 4-25-77; 3706, 1-24-83; 4319, 7-1-91; 4419, 9-13-93; 4452, 6-13-94 and 4663, 4-21-97.
3 Prior legislation: Ords. 3076, 12-13-76, eff. 12-22-76; 4204, 2-20-89; 4437, 2-21-94; 4723, 5-11-98 and 4986, 10-21-02.
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