025-19 - Ordinance - Repealing Ord 952 Affirmative Action Program within the CityoRDtNANCE NO.025-19
WHEREAS, in 1975, the City of Port Orchard adopted Ordinance No. 952, codified
as Chapter 2.40 POMC ("Affirmative Action Program"), which established a program for
implementing affirmative action principles in city hiring; and
WHEREAS, in 1998, Washington state voters passed lnitiative 200 (l-200), which
prohibited state and local governments from either discriminating against or granting
preferential treatment to applicants, employees, or contractors based on the protected
categories of race, sex, color, ethnicity, or national origin, thereby rendering portions of
Ord in ance No. 952 obsolete; and
WHEREAS, the 2019 Washington state legislature passed the Washington State
Diversity, Equity, and lnclusion Act, proposed by citizens as lnitiative 1000 (l-1000), which
permits state and local governments to implement affirmative action laws, regulations,
policies or procedures in public employment in order to remedy discrimination against
certain protected classes; and
WHEREAS, with the passage of l-1000, the city may now consider certain
information about applicants in considering them for public employment, and is
permitted - but not required - to implement affirmative action rules and policies such as
recruitment and participation goals; and
WHEREAS, staff has determined that l-1000, which becomes effective July 28,
2019, could inadvertently re-activate all or portions ofthe Affirmative Action Program set
forth in Chapter 2.40 POMC before the city has had an opportunity to determine what
affirmative action laws, regulations, policies or procedures it would be appropriate to
adopt at this point in time, if any; and
WHEREAS, the City Council has determined it to be in the best interests of the city
to repeal Ordinance 952 (Chapter 2.40 POVIC) at this time; now, therefore,
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEALING ORDINANCE NO. 952, CODIFIED AT CHAPTER 2.40 POMC,
WHICH ESTABLISHED AN AFFIRMATIVE ACTION PROGRAM WITHIN THE
CITY; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING
AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOTLOWS:
SECTION 1. Repealed. That Ordinance No. 952, codified at Chapter 2.40 POMC, is hereby
Ordinance No. 025-19
Page 2 of 7
five days after publication, as provided by law.
y section, sentence, clause or phrase of this Ordinance
This Ordinance shall be published by an approved summary
rebmemcnUoCnsoUaCnhokrB
repealed in its entirety.
sEcTtoN 2.Severabilitv. lf an
should be held to be u nconstitutiona I or unlawful by a court of competent jurisdiction, such
invalidity or u nconstitutiona lity shall not affect the validity or constitution ality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Pu b lication.
co nsisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 23 day of July 2019.
ATTEST:
APPROVED AS TO FORM
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Sharon Cates, City Attorney
PUBLISHED: August 2, 2019
EFFECTIVE DATE: August 7, 2019
I
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held July 23,2019.
oRDtNANCE NO.025-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEATING ORDINANCE NO. 952, CODIFIED AT CHAPTER 2.40 POMC,
WHICH ESTABTISHED AN AFFIRMATIVE ACTION PROGRAM WITHIN THE
CITY; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING
AN EFFECTIVE DATE.
Copies of Ordinance No. 025-19 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 025-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, August 2,2019