Chapter 2.10
COUNTY POLICIES AND PROGRAMS*

Sections:

2.10.010    Excessive use of force.

2.10.020    Repealed.

2.10.030    Policy on sexual harassment.

2.10.040    Anti-displacement and relocation assistance plan.

2.10.050    Fair housing policy.

2.10.055    Grievance procedure for the administration and implementation of community development block grant funded projects (CDBG).

2.10.060    Repealed.

2.10.070    Repealed.

2.10.080    Repealed.

2.10.085    Health and safety manual.

2.10.090    Law and justice council.

2.10.095    Law and justice plan.

2.10.100    Review of building permits – Water standards.

2.10.110    Recodified.

2.10.120    Repealed.

2.10.130    Human services advisory board.

2.10.140    Recodified.

2.10.160    Code of conduct for award or administration of federal grant funds.

2.10.170    Intergovernmental agreements.

2.10.180    Credit card policy.

*    For provisions on accommodation of utilities on County road right-of-way, see Chapter 12.16 SJCC, Article II.

2.10.010 Excessive use of force.

A. It is the policy of San Juan County that excessive force by local law enforcement agencies shall not be used against individuals.

B. It is the policy of San Juan County to enforce applicable state and local laws against the physical barring of an entrance in or exit from a facility or location which is the subject of nonviolent civil rights demonstrations within its jurisdiction.

C. The County council will coordinate with the San Juan County sheriff to implement this section by amending any applicable sheriff’s office procedures. (Ord. 5-2008 § 2; Res. 28-2007 §§ 1, 2, 3; Res. 151-1994; Res. 144-1991)

2.10.020 Policy on open government.

Repealed by Ord. 5-2008. (Res. 149-1991)

2.10.030 Policy on sexual harassment.

A. Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. No employee should be subject to unsolicited and unwelcome sexual overtures or conduct, either verbal or physical.

B. Sexual harassment does not refer to casual conversation or compliments of a socially acceptable nature. It refers to behavior which is not welcome and which is personally offensive, interfering with effectiveness or creating uneasiness on the job.

C. Such conduct, whether committed by supervisors or nonsupervisory personnel, is specifically prohibited. This includes repeated offensive sexual flirtations, advances or propositions; continued or repeated verbal abuse of a sexual nature; graphic or degrading verbal comments about an individual or his or her appearance; the display of sexually suggestive objects or pictures; or any offensive or abusive physical contact.

D. No individual should imply to an employee that lack of cooperation of a sexual nature would in some way negatively affect a person’s employment, assignment, compensation, advancement, career development or any other condition of employment. Any such actions will bring prompt and certain disciplinary action, including possible termination.

E. Any employee who believes that he or she has been subjected to sexual harassment or intimidation on the job is strongly encouraged to bring this to the immediate attention of the immediate supervisor, department head or personnel director.

F. All such complaints will be promptly and fairly investigated and, where appropriate, immediate corrective action will be taken. To the highest degree possible, allowing for a fair investigation, all such complaints will be treated in the strictest confidence. Employees shall not be retaliated against because they have made complaints of sexual harassment to management. (Res. 152-1991)

2.10.040 Anti-displacement and relocation assistance plan.

A. San Juan County will replace all occupied and vacant occupiable low-to-moderate income dwelling units demolished or converted to a use other than low-to-moderate income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, and as described in 24 CFR 570.496a(b)(1).

B. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, San Juan County will make public and submit to the department of community development the following information in writing:

1. A description of the proposed assisted activity;

2. The location on a map and number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than low-to-moderate income dwelling units as a direct result of the assisted activity;

3. A time schedule for the commencement and completion of the demolition or conversion;

4. The location on a map and number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units;

5. The source of funding and a time schedule for the provision of replacement dwelling units;

6. The basis for concluding that each replacement dwelling unit will remain a low-to-moderate income dwelling unit for at least 10 years from the date of initial occupancy;

7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g., a two-bedroom unit with two one-bedroom units) is consistent with the housing needs of low- and moderate-income households in the jurisdiction.

C. San Juan County will provide relocation assistance, as described in 570.496a (c)(2), to each low-moderate-income household displaced by the demolition of housing or by the conversion of a low-moderate-income dwelling to another use as a direct result of assisted activities.

D. It is agreed that this plan is a general purpose policy for anti-displacement and relocation assistance and that if any project in San Juan County funded by a general purpose community development block grant or a planning-only grant should create the need for relocation assistance, a project specific relocation plan shall be drafted and submitted to the department of community development for review and adoption. (Res. 97-1992; Res. 143-1991)

2.10.050 Fair housing policy.

San Juan County hereby enacts a fair housing policy, in compliance with the terms and conditions of the Washington State Department of Community Development Block Grant Program. The rules and regulations of the Washington State Department of Community Development Block Grant Program are hereby adopted by reference. (Ord. 14-2000 § 7(C); Res. 101-1992)

2.10.055 Grievance procedure for the administration and implementation of community development block grant funded projects (CDBG).

A. Submit complaints in writing to the County administrator for resolution. A record of the complaints and action taken will be maintained. A decision by the County administrator will be rendered within 15 working days.

B. If the complaint cannot be resolved to your satisfaction by the designated official:

1. It will be forwarded to a committee appointed by the governing body. This committee’s membership, its ground rules or procedures for hearing complaints, and how the committee can be contacted will be available to the public. The committee will be directed to hear such complaints in an objective, public manner, and after adequate public notice. A written decision will be made within 30 working days. Proceedings of the committee will be recorded and maintained; or

2. The complaint will be heard and discussed by the governing, elected body at an open public meeting. A written decision will be made within 30 working days. The decision of the governing body is final.

C. A record of action taken on each complaint will be maintained as part of the records or minutes at each level of the grievance process. (Res. 60-2006 Exh. A)

2.10.060 Grievance procedure in compliance with the Americans with Disabilities Act.

Repealed by Ord. 8-2017. (Ord. 5-2008 § 3; Res. 59-2006 Exh. A; Res. 103-1992)

2.10.070 Comprehensive road program adopted.

Repealed by Ord. 5-2008. (Res. 125-1992)

2.10.080 Drug-free workplace.

Repealed by Ord. 8-2017. (Res. 129-1992)

2.10.085 Health and safety manual.

The Health and Safety Manual, dated September, 1994, is the health and safety manual for County personnel and is to be followed unless another manual more specific to the duties of the employee has been duly adopted. (Ord. 5-2008 § 4; Res. 155-1994)

2.10.090 Law and justice council.

The County council establishes a law and justice council of San Juan County to advise the County council and to take action consistent with RCW 72.09.300. The law and justice council shall consist of the following persons who are hereby appointed:

Presiding judge of the superior court;

Judge of the district court;

Prosecuting attorney;

Sheriff;

County clerk;

Public defenders;

Administrator of juvenile court services;

Representative from the department of corrections;

Representative of the town of Friday Harbor;

County risk manager. (Ord. 5-2008 § 5; Res. 147-1992)

2.10.095 Law and justice plan.

The San Juan County legislative body has adopted the San Juan County Law and Justice Plan attached to Resolution 11-1995. (Ord. 5-2008 § 6; Res. 11-1995)*

*    Code reviser’s note: Res. 11-1995 is on file in the office of the clerk of the County council.

2.10.100 Review of building permits – Water standards.*

Repealed by Ord. 14-1996. (Res. 174-1992)

*    Code reviser’s note: See Chapter 13.06 SJCC relating to rules and regulations of the board of health regarding provisions on water wells and water systems.

2.10.110 Land Bank commission – Earnest money agreements.

Recodified to SJCC 16.54.065 by Ord. 5-2008.

2.10.120 Comprehensive water plan adopted.

Repealed by Ord. 5-2008. (Res. 180-1992)

2.10.130 Human services advisory board.

A. Name. The name of the organization is the San Juan County human services advisory board.

B. Purpose. The purpose of the human services advisory board (HSAB) shall be to oversee the aims, purposes and programs in the fields of alcohol and drug abuse, developmental disabilities, mental health and early childhood education and development in accordance with Washington State statutes and codes, with San Juan County resolutions and with the Departments of Health and Social and Health Services rules and regulations which relate to these laws, having accountability to the San Juan County council for such oversight. The HSAB shall be a conduit for information and advice between the County council, the human services department and the community at large.

C. Membership.

1. Membership on the HSAB is by appointment by the County council. When vacancies occur the procedure to be followed is:

a. The HSAB will nominate persons to the County council;

b. The County council may appoint persons from among these names.

2. The HSAB shall consist of a minimum of nine to a maximum of 12 members, with at least one from each council district.

3. Term of membership shall be three years. If a member vacates the position during the term, a new member shall be appointed to complete the unexpired portion of that term. A member of the HSAB may be re-appointed at the completion of a term.

4. A quorum for carrying out the business of the HSAB shall be a majority of current members. A majority of the membership is required to revise the bylaws, subject to the approval of the County council.

5. The HSAB shall meet at least six times each calendar year, at times set by the HSAB. Special meetings may be called by the County council, by the president of the HSAB or by any three members of the HSAB, with due notification to all members.

6. Absence from three consecutive HSAB meetings without a board-approved valid explanation shall be considered a member’s resignation.

7. Only appointed members of the HSAB may vote. Other persons may attend meetings and may be granted voice, but not vote.

8. Officers of the HSAB shall be the chair, vice-chair and secretary, to be elected from the membership at the regular meeting in December.

D. Committees.

1. Committees, both as stated below and ad hoc, shall be appointed by the chair of the HSAB. A committee may choose its own chair. Committees shall make periodic reports to the HSAB as necessary.

2. A mental health program committee shall consist of three or more members of the HSAB. This committee is to review and evaluate the mental health needs, services, facilities and problems of the area served by agencies providing services.

3. An alcohol and substance abuse program committee shall consist of three or more members of the HSAB. This committee shall review and evaluate corrective services, facilities and problems of substance abuse for San Juan County. It shall report to the HSAB prior to the development of the annual plan for services in the fields of substance abuse and at any other time there are problems or needs for additional services or proposed changes in services.

4. A developmentally disabled program committee shall consist of three or more members of the HSAB. This committee shall review and evaluate the needs, services, facilities and problems of and for developmentally disabled persons in San Juan County.

5. An early childhood education and development program committee shall consist of three or more members of the HSAB. This committee shall review and evaluate the early childhood education and development needs, services, facilities and problems in San Juan County. It shall report to the HSAB prior to the development of the annual plan for early childhood education and development services and at any other time there are problems or needs for additional services or proposed changes in services.

6. Other committees may be established by the chair and/or the HSAB as needed for purposes of expediting the work of the HSAB.

7. The director of the San Juan County health and community services department shall be an ex officio member of each committee established within or by the HSAB.

E. Duties. A statement of mission and duties of the HSAB shall be developed by the HSAB and listed in a document separate from these bylaws. Such document shall be consistent with subsection (B) of these bylaws. A copy of this document and any subsequent amendments shall be submitted to the County council for approval.

F. Amendments. These bylaws may be amended at any regular meeting of the HSAB or at a meeting called especially for such purpose, provided written notification of the substance of the amendments is conveyed to each member of the HSAB at least two weeks prior to the meeting. Amendments to the bylaws require the approval of the County council.

G. Business Rules. In conducting its business, the HSAB shall follow the Uniform Business Rules, including the Rules of Procedure, unless other rules have been duly adopted by the County council. (Ord. 6-2009 § 1; Ord. 5-2008 § 8; Ord. 13-1994; Res. 211-1992)

2.10.140 Annual process to allocate hotel/motel tax revenues.

Recodified to SJCC 3.16.080 by Ord. 5-2008.

2.10.160 Code of conduct for award or administration of federal grant funds.

A. The San Juan County council hereby adopts the following code of conduct for San Juan County officials, employees or agents engaged in the award or administration of contracts supported by federal grant funds:

1. No elected official, employee or agent of San Juan County shall participate in the selection, award or administration of a contract supported by federal grant funds, if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when:

a. The employee, elected official or agent;

b. His/her spouse (unless divorced) or dependent children;

c. His/her domestic partner;

d. His/her business partner; or

e. An organization which employs, or is about to employ any of the above;

has a financial or other interest in the firm selected for award.

2. San Juan County elected officials, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or subcontractors.

B. To the extent permitted by federal, state or local laws or regulations, violation of these standards may cause penalties, sanctions or other disciplinary actions to be taken against San Juan County elected officials, employees or agents, or the contractors, potential contractors, subcontractors or their agents. (Ord. 5-2008 § 10; Ord. 14-2000 § 7(E); Res. 78-1995)

2.10.170 Intergovernmental agreements.

The County council and other elected officials may enter into intergovermental agreements with another public agency or agencies for the purpose of joint or cooperative action without the need for a resolution by approving the agreement using the following procedure:

A. The agreement must satisfy the criteria set out in RCW 39.34.030 and any other applicable provisions of federal, state or local law;

B. The agreement must be signed by the responsible elected official and/or a majority of the County council in accordance with state law and County ordinances;

C. If the intergovernmental agreement concerns the payment or receipt of money for a budgeted service, the agreement may be signed by the County administrator in lieu of the County council;

D. The agreement must be approved as to form by the prosecuting attorney; and

E. The agreement must be filed with the County auditor as required by RCW 39.34.040. (Ord. 5-2008 § 11; Ord. 4-2000)

2.10.180 Credit card policy.

A. Authority. The San Juan County auditor is hereby authorized to sign bank credit card authorization documents and to issue credit cards to the County administrator and requesting departments in accordance with the San Juan County policy for issuance and use of business credit cards by employees of San Juan County, as set forth in subsection (B) of this section, and this section is hereby adopted as the official San Juan County credit card policy.

B. Policy for Issuance and Use of Business Credit Cards by Employees of San Juan County.

1. Policy Statement. The use of credit cards by County departments will increase efficiency and productivity and fiscal management by providing the opportunity to make official County purchases at reduced cost and in a more efficient manner. The use of credit cards is not to supersede the County’s advance travel account or the County voucher payment system. The use of credit cards is expected to be utilized in limited circumstances as delineated in this policy.

2. Request and Authorization for Departmental Credit Card(s). County elected officials, department heads and County administrator who feel the operation of their department would benefit by having a business credit card shall make a request to the County auditor. The County auditor’s review is to provide for control of the number of cards issued to the County and to ensure that the bills are paid in accordance with the RCW and County policy. All requests will include the following documents:

a. A list of the specific types of uses the department anticipates for the card.

b. A list of authorized users of the card. The elected official, department head or administrator will determine who is authorized to use the credit card within their department.

c. A signed statement by all users that the card will be used in accordance with this policy.

d. The requested credit limit for each card.

Upon receipt of the above, the County auditor will arrange for a card(s) to be issued by the bank and delivered to the department. The auditor shall maintain a listing of credit card users, cards issued, and credit limits.

3. Distribution of Cards. San Juan County elected officials and department heads are responsible for all purchases made on the credit cards issued to their departments.

Normally, cards will be issued to departments and not to individual employees for the credit limit noted below. The auditor is authorized to issue cards in individual names in appropriate circumstances.

4. Credit Card Limits. The limit on each credit card shall be set at $5,000. An elected official or department head may request a higher limit if facts and circumstances indicate the need. The auditor may approve a higher limit based upon data submitted by the department. Annually the auditor shall submit to the County council a list of cards issued and the credit limits of each card, and justification for all cards over the standard credit limit. The County council shall ratify this list or make adjustments as they see fit.

5. Authorized Uses. The auditor’s office is charged with the education of all authorized users of the card regarding regulations and County policy for their use of the card(s).

a. Cash advances on credit cards are prohibited.

b. Only purchases of properly authorized items for which funds have been approved in the department’s budget are allowed.

c. No single item over $500.00 may be purchased on the credit card without prior department head approval.

d. Fuel for personal automobiles may not be charged on the card. Fuel for County-owned vehicles should be charged to the credit card located in the vehicle and issued by the ER&R manager at public works.

e. Travel, Food, Drink, and Entertainment. San Juan County follows the current guidelines of the State of Washington Attorney General regarding eating and drinking at public expense. The County auditor shall evaluate all travel, food, drink and entertainment charges against this policy and against current San Juan County policies on food and travel. Charges found not to be in accordance with this policy are prohibited.

f. Under no circumstances may any personal expenses, including meals at conferences, etc., be charged on County credit cards.

6. Payment of Bills.

a. Departments will pay the credit card bill in full each month. Receipts are required and must be attached to the credit card statement upon submission to the County’s voucher payment system. An expense voucher and receipts must be attached if travel expenses are charged.

b. The credit card balances will be cleared each month. Monthly payments on accumulated credit card balances are not allowed.

c. The County processes vouchers each week, therefore finance and late charges are to be avoided. If finance or late charges are assessed, they will be charged to the department and reported on a separate budget line item.

d. All charges should be paid in the budget year they are incurred. Therefore, charges made close to year end should be avoided and/or expedited for payment. Charges can be paid prior to receiving the credit card statement.

e. If, for any reason, disallowed charges are not repaid before the charge card billing is due and payable, the County shall have prior lien against and a right to withhold any and all funds payable or to become payable to the official or employee up to an amount of the disallowed charges and interest at the same rate as charged by the company which issued the charge card.

7. Recall of Credit Cards and Disallowed Charges.

a. The auditor shall have the responsibility to recall from departments any credit cards that are not handled in accordance with this policy.

b. The auditor shall disallow any credit card charges not made in accordance with this policy.

c. The auditor shall at his or her discretion cancel any credit card which has incurred late fees more than two times in any consecutive 12-month period.

d. Any department or employee shall have the right to appeal the auditor’s decision made under this section to the County council.

C. Use of Personal Credit Cards for County Business. Because of the need to track certain information by vendor, and because of the need to ensure accountability for all County expenditures, the use of employees’ personal credit cards for business is discouraged. Specifically, other than for travel and in emergency cases, employees, including elected officials and department heads, should not use their personal credit cards to make purchases for official County business. (Ord. 5-2008 § 12; Res. 15-2004)