Motion 2019-12 Referendum 88 Page 1 of 3
MOTION 2019-12:
1
A MOTION OF THE PORT OF SEATTLE COMMISSION
2
3
supporting Initiative 1000, through endorsement for the
4
approval of Referendum 88, an initiative to the Legislature
5
which was passed in April 2019 and which supports the
6
Port’s goals of increased utilization of small businesses,
7
including disadvantaged, minority-owned, and women-
8
owned businesses.
9
10
The title of Referendum 88: The legislature passed Initiative
11
Measure No. 1000 concerning affirmative action and
12
remedying discrimination, and voters have filed a sufficient
13
referendum petition on this act. Initiative 1000 would allow
14
the state to remedy discrimination for certain groups and
15
to implement affirmative action, without the use of quotas
16
or preferential treatment (as defined), in public education,
17
employment, and contracting. Should Initiative 1000 be
18
Approved [ ] Rejected [ ]?
19
20
PROPOSED
21
OCTOBER 22, 2019
22
23
INTRODUCTION
24
25
Passage of this motion reflects the Port of Seattle Commission’s continued commitment to
26
ensure that the economic prosperity in the region, and the economic development we help to
27
foster, is shared by all.
28
29
TEXT OF THE MOTION
30
31
Consistent with the Port of Seattle’s previous public positions in support of small, disadvantaged,
32
minority-owned, and women-owned business enterprises, the Port Commission hereby endorses
33
the approval of Initiative 1000, set to be considered for a vote on the statewide ballot on
34
November 5
th
, 2019 through Referendum 88. The Port of Seattle Commission previously adopted
35
Resolution No. 3274, in 1998, to oppose the original effort to prohibit public entities from
36
promoting this category of business. Additionally, in 2016, the Commission adopted Motion
37
2016-02 to support the Legislature’s efforts to repeal Initiative 200, the citizen law that first put
38
this prohibition in place. Repealing the restrictions put in place by Initiative 200 will allow the
39
Port greater flexibility in fulfilling its mission of supporting economic vibrancy in the region and
40
ensuring that economic gains are shared by all.
41
Item Number: 8c_motion
Meeting Date: October 22, 2019
Motion 2019-12 Referendum 88 Page 2 of 3
42
STATEMENT IN SUPPORT OF THE MOTION
43
44
The Port of Seattle is committed to the increased participation of small businesses, the provision
45
of quality jobs, and the development of a diverse and skilled workforce that can support regional
46
economic vitality. The Commission has long viewed Initiative 200 as a challenge to that mission,
47
and first adopted a Commission Resolution opposing the Initiative in 1998, when it was due to
48
be considered on the statewide ballot. Following that vote, commissioners have traveled to
49
Olympia in each of the past four legislative sessions to testify alongside representatives from the
50
City of Seattle and King County in support of repealing Initiative 200.
51
52
In the 2019 Legislative Session, Washington voters presented the State Legislature with an
53
“Initiative to the Legislature” that sought to amend RCW 49.60.400, put in place originally by the
54
passage of Initiative 200. That effort, known as Initiative 1000, gave the legislators three options:
55
adopt the measure as drafted; put forward an alternative and have both I-1000 and that
56
alternative measure considered side-by-side on the ballot; or take no action, and send the
57
initiative as written to the ballot. After much deliberation, and a public hearing that lasted nearly
58
an entire day and featured testimony from all three living former Governors, the Legislature
59
voted to pass I-1000 as written. With that vote, the prohibition in the granting of preference that
60
I-200 put in place was officially repealed. However, the I-200 advocates immediately began to
61
gather signatures for a referendum that could overturn that legislative action, and that gave rise
62
to Referendum 88, up for a vote in this November’s election.
63
64
On January 8, 2018, the Port of Seattle Commission officially adopted its new Diversity in
65
Contracting policy. That policy seeks to increase opportunities for women and minority-owned
66
business entities (WMBEs) across Port operations. The policy is designed to increase both the
67
percent of contracting dollars paid to WMBE firms as well as the number of WMBE firms under
68
contract. It requires divisions and departments within the Port to set goals for WMBE utilization,
69
created a WMBE inclusion plan pilot, and supports prompt payment for WMBE firms that work
70
with the Port.
71
72
Meanwhile, in December 2017, the Commission moved to establish a Priority Hire policy that will
73
ensure better access to training programs and well-paying construction jobs for local workers,
74
particularly those from economically distressed areas. That effort also sets as a goal the increased
75
the diversity of the workforce on Port construction projects and focuses on workforce
76
participation by apprentices and journey-level construction workers. The policy will require
77
contractors on large Port construction projects to hire more local apprentices from under-
78
represented zip codes.
79
80
In 2014, the Port of Seattle completed a disparity study to learn more about its successes and
81
challenges as an organization in the area of WMBE contracting. The study found disparity in Port
82
utilization of minority contractors for construction and construction-related projects was
83
substantially below what might be expected based on the availability of those contractors. The
84
study also concluded that all categories of minority-owned businesses displayed utilization rates
85
Motion 2019-12 Referendum 88 Page 3 of 3
that were below parity, recommended overall the Port make efforts to ensure that mechanisms
86
for monitoring future performance and utilization of those contractors were enforced. The study
87
allowed the Port to request from the Federal Aviation Administration (FAA) which granted the
88
authorization to implement a “race-conscious” DBE program for federally assisted projects.
89
90
That study informed the work being done under the Priority Hire and Diversity in Contracting
91
policies. It also helps to inform the work being done by the Port’s newly formed Office of
92
Diversity, Equity, and Inclusion. But it is all made more challenging by the state law put into place
93
by the 1998 passage of I-200.
94
95
Passage of I-1000, which can be sustained by voters through the approval of Referendum 88, and
96
the amendment of 49.60.400 (I-200), will allow the Port greater flexibility as we advance our
97
mission of supporting broad-based and diverse economic development, and ensuring that the
98
growing prosperity of the Puget Sound region is shared by all communities equally.
99
100
ADDITIONAL INFORMATION ATTACHED
101
Full text of Referendum 88, as submitted to the Washington Secretary of State
102