Chapter 2.72
PIERCE COUNTY ARTS COMMISSION

Sections:

2.72.010    Commission Established.

2.72.015    Definitions.

2.72.020    Membership of Commission.

2.72.030    Terms of Office.

2.72.040    Vacancy.

2.72.050    Removal from Office.

2.72.060    Election of President and Vice-President.

2.72.070    Meetings.

2.72.080    Organization and Procedure.

2.72.095    Executive to Provide Staff Support.

2.72.100    Functions and Responsibilities.

2.72.110    One Percent Funding for the Arts – Appropriations.

2.72.120    Placement of One-Percent-for-the-Arts Works of Art.

2.72.010 Commission Established.

A civic arts commission of Pierce County, to be known as the "Pierce County Arts Commission", is established to serve as an advisory board to the legislative and executive branches of Pierce County government and to perform such arts-related functions as enumerated in PCC 2.72.100. (Ord. 88-158 § 1 (part), 1988; Ord. 87-199S § 1, 1987; Ord. 85-167S § 1, 1985)

2.72.015 Definitions.

A.    "Arts Commission" shall mean the Pierce County Arts Commission, a commission with roles and responsibilities serving all of Pierce County.

B.    "County construction project" shall mean any project paid for wholly or in part by Pierce County to construct or remodel any building, decorative or commemorative structure, park or public place, or any portion thereof owned wholly or in part by Pierce County; this definition is limited to new construction or remodeling projects that have a total cost of at least $100,000.00. If the County portion of the cost of the project exceeds $100,000.00, the 1 percent applies only to the County portion; Provided, however, that for the purpose of this Chapter, a county construction project shall not include a project or such portion of a project which involves county public roads and/or sewer construction unless specifically authorized by the County Council by ordinance.

C.    "Works of art," as used in this Chapter, means and includes products of all visual and performing media. It consists of, but is not limited to, paintings, mural decorations, monuments, fountains, arches, sculptures, or other structures intended for ornament or commemoration and includes the performing arts.

(Ord. 99-127S3 § 2 (part), 2000; Ord. 85-167S § 11, 1985)

2.72.020 Membership of Commission.

The Commission shall consist of 9 voting members, one from each Pierce County Council District and 2 at-large members. No more than four members may be from any single municipal jurisdiction. The members shall be appointed by the Pierce County Executive and confirmed by the Pierce County Council. The Commission members shall serve without compensation. Each member of the Commission should possess acknowledged accomplishments in one or more of the following fields: architecture, art criticism, art education, history, dance, communicative arts, crafts, theatre, heritage arts, landscape architecture, literature, music, painting, photography, planning, sculpture, or ethnic arts or have publicly demonstrated a deep interest in and appreciation of cultural and artistic activities. (Ord. 2013-6s § 1 (part), 2013; Ord. 2005-31s § 1, 2005; Ord. 99-127S3 § 2 (part), 2000; Ord. 89-167S § 1, 1989; Ord. 87-199S § 1 (part), 1987; Ord. 86-55 § 1, 1986; Ord. 85-215S § 1, 1985; Ord. 85-167S § 2, 1985)

2.72.030 Terms of Office.

The terms of office of voting members shall be three years. The terms of office shall be staggered to maintain continuity on the Commission. No member may be reappointed for more than two consecutive terms. Each member of the Commission shall be a resident of Pierce County and shall serve until his or her successor is appointed and qualified. (Ord. 99-127S3 § 2 (part), 2000; Ord. 89-167S § 2, 1989; Ord. 87-199S § 1 (part), 1987; Ord. 85-167S § 3, 1985)

2.72.040 Vacancy.

Vacancies on the Commission, for whatever cause, shall be filled by appointment by the Executive and confirmation by the Council for the unexpired term. (Ord. 99-127S3 § 2 (part), 2000; Ord. 88-158 § 1 (part), 1988; Ord. 87-199S § 1, 1987; Ord. 85-167S § 4, 1985)

2.72.050 Removal from Office.

The Executive may remove any appointed member of the Commission for inefficiency, neglect of duty, malfeasance, or three unexcused absences in one year, subject to confirmation by a majority of the Council. The Clerk of the Council shall notify the member whose appointment has terminated and report to the Council that a vacancy exists on the Commission and that an appointment is to be made for the unexpired term. (Ord. 2011-16s § 1 (part), 2011; Ord. 85-167S § 5, 1985)

2.72.060 Election of President and Vice-President.

The Pierce County Arts Commission shall elect one of its members president and one of its members vice-president. Each shall hold office for one year or until his or her successor is elected. The president and vice-president shall be elected at the first meeting of the Commission after July 1st of each year. In the absence or inability of the president to perform his or her duties as president, the vice-president is authorized, in his or her stead, to perform and carry out all of the duties and obligations of the office of president. (Ord. 85-167S § 6, 1985)

2.72.070 Meetings.

The Pierce County Arts Commission shall establish a regular time and place of meeting, and shall hold at least one meeting per quarter. Special meetings of the Commission may be called at any time by the president or by two-thirds or more of the membership of the Commission upon personal notice being given to all members of the Commission. If personal notice cannot be given, written notice must be received by such members at least 24 hours prior to the meeting. (Ord. 2010-21 § 4, 2010; Ord. 85-167S § 7, 1985)

2.72.080 Organization and Procedure.

The Commission may make and alter any rules and regulations governing its organization and procedure not inconsistent with this Chapter, or any other ordinance or resolution of the County. Five members of the Commission shall constitute a quorum. A majority vote of such members present is required to take any action provided that an affirmative vote of five members is required to pass an appropriation recommendation. The Commission shall keep an accurate record of its proceedings and transactions and shall submit an annual report to the Pierce County Council and the Pierce County Executive and such other reports as may be requested by either the Pierce County Council or the Pierce County Executive. (Ord. 2013-6s § 1 (part), 2013; Ord. 99-127S3 § 2 (part), 2000; Ord. 88-158 § 1 (part), 1988; Ord. 87-199S § 1, 1987; Ord. 85-167S § 8, 1985)

2.72.095 Executive to Provide Staff Support.

The Pierce County Economic Development Department will provide staff support for the activities of the Pierce County Arts Commission. The Director of the Pierce County Economic Development Department shall serve as the primary contact for the Pierce County Arts Commission.

All grants, bequests, gifts, bond proceeds, and other revenues dedicated to, or otherwise appropriated for, arts and other cultural resource related expenditures, including expenditures related to the operation of the Pierce County Arts Commission, shall be managed by the Economic Development Department.

(Ord. 2011-93s § 3, 2012; Ord. 99-127S3 § 2 (part), 2000; Ord. 88-158 § 1 (part), 1988)

2.72.100 Functions and Responsibilities.

The function of the Pierce County Arts Commission shall be to serve as an information resource for the benefit of all branches and departments of County government in accordance with the following guidelines:

A.    Encourage programs for the cultural enrichment of Pierce County;

B.    Work closely with other councils, commissions, art advocacy groups, etc., and allied groups in other counties and municipalities to achieve cooperation and mutual benefit to the residents of the County in the area of the arts;

C.    Encourage programs for the exchange of cultural activities among the incorporated and unincorporated areas of the County and other counties, cities, states, and nations;

D.    Examine every two years the conditions of monuments and works of art, and existing County facilities insofar as they serve to further the beauty of cultural enrichment of the County and make a report to the County Council and the County Executive, with recommendations for their care, maintenance, and approval;

E.    Work directly with the Pierce County Economic Development Department regarding cultural resource related budget decisions and other matters.

F.    In addition, the Commission shall have the following responsibilities for the benefit of all branches and departments of Pierce County government:

1.    Review and make recommendations on all works of art to be acquired by the County, either by purchase, gift, or otherwise, including the placement of such work;

2.    Review and make recommendations with reference to any existing works of art in the possession of the County in connection with the removal, relocation, alteration or placement of those works, including the loan of such works of art to other jurisdictions;

3.    Render advice and assistance in the field of art, aesthetics, and beautification to other County boards and commissions and to other public bodies such as various school boards and the Pierce County Parks and Recreation Department;

4.    Determine a method or methods of selection of artists for commissioning with respect to design, execution and placement of works of art for which authorizations and/or appropriations have been made. Pursuant to such method or methods for such purpose, make recommendations to the County Council and Executive for the specific location and/or monies to be expended for works of art and/or arts facilities to be placed in, on or about County projects or existing public facilities;

5.    Review and make recommendations with reference to the design of County parks and scenic sites at the time of the acquisition, development, or alteration thereof;

6.    Establish, as a priority, systems and programs whereby the cultural resources and activities under the supervision of the Arts Commission are made available to the County at large;

7.    Advise the Council and the Executive, as requested, on the Arts Commission's programs and activities, and develop recommendations regarding methods for generating revenue;

8.    Review and make recommendations on all applications for County funding of the arts and other cultural resource related projects, programs, and activities.

(Ord. 2011-93s § 3, 2012; Ord. 99-127S3 § 2 (part), 2000; Ord. 88-158 § 1 (part), 1988; Ord. 87-199S § 1, 1987; Ord. 85-167S § 10, 1985)

2.72.110 One Percent Funding for the Arts – Appropriations.

A.    All future authorizations and/or appropriations for County construction projects for which the design has not been completed prior to the effective date of this Section shall include an amount not less than 1 percent of such authorization and/or appropriation. If the source of funding or other appropriate laws with respect to any particular project precludes art as an object of expenditure of funds, the amount of funds so restricted shall be excluded from the total project costs in making the above-referenced calculation.

B.    The amounts authorized by this Section shall be used for the selection, acquisition, execution, display, placement, and/or maintenance of works of art which may be an integral part of the project or for the construction and/or maintenance of an arts facility owned by the County.

C.    From the funds authorized and/or appropriated pursuant to this Section, upon the advice of the Arts Commission and subject to the approval of the County Executive, the amount of monies shall be made available for each project and payment thereof shall be made after acceptance of said project by the County Executive and County Council.

D.    Monies authorized and appropriated as part of one project, but not required in total or in part for such project, may be accumulated and extended for works of art and/or arts facilities in other County projects or existing public facilities; PROVIDED, that such action is permitted with respect to federal and state funds and not precluded by applicable laws.

E.    Monies accumulated pursuant to subsection D. of this Section which are not expended in the year they are authorized and/or appropriated may be carried over into succeeding years and may be expended for arts and/or arts facilities in other County projects or existing public facilities; PROVIDED, that such action is permitted with respect to federal and state funds and not precluded by applicable laws.

F.    Unforeseen opportunities not specifically contemplated by this ordinance may be presented by the Arts Commission to the Executive and Council for approval.

(Ord. 99-127S3 § 2 (part), 2000)

2.72.120 Placement of One-Percent-for-the-Arts Works of Art.

Works of art and/or arts facilities selected pursuant to the provisions of this Chapter and any amendments thereto may be placed in, on, or about any County-owned property or County-leased facility. Whenever possible, County-owned art should be placed so that the general public is highly likely to have access to the publicly-owned art, including in or near publicly-visited facilities. They may be attached or detached within or about such property and may be either permanent or temporary. The Department Head of the Department which is charged with the responsibility of administering the design and construction of a County construction project shall require that the design and final construction plans thereof take into consideration the allocation of appropriate space for the placement of art which has been recommended by the Arts Commission and duly authorized by the County Executive and Council; PROVIDED, that no works of art shall be permanent or permanently attached to any leased facility. (Ord. 2013-6s § 1 (part), 2013; Ord. 99-127S3 § 2 (part), 2000)