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Public-Private Partnership Review

P4 Panel Bylaws – Adopted July 21, 2000


      DRAFT                                                  DRAFT                                               DRAFT

          Article I - Organization
          Article II - Conflict of Interest
          Article III - Meetings and Hearings
          Article IV - Records, Publications, and Reports
          Article V - Bylaws for Conduct of Panel Business

 
Statement of Purpose

The P4 Panel acts in an advisory capacity to assist the mayor, City Council, and City departments in evaluating the public benefits of certain “targeted” public-private partnerships between the City of Seattle and private or non-profit entities. The Panel helps the City critically examine whether the partnership would meet public benefit objectives. Public benefits are defined by the Public-Private Partnership Protocol, adopted by the City Council in Resolution #30072.

The P4 Panel reflects the City of Seattle’s commitment to achieving public benefits when engaging in projects with private or non-profit partners, and to increasing citizen involvement in review of these projects.

 

Article I – Organization                                                                                         TOP

Section 1. Membership

The Public-Private Partnership Process (P4) Panel ("P4 Panel" or "Panel") shall be composed of fifteen (15) members ("Panelists") who shall reside or work in the City of Seattle. Although Panelists should exhibit a variety of interests, professional experience, and opinions, they should act as individuals and represent the whole city as opposed to any special interest group. The group of Panelists should include people with expertise in, but not limited to: real estate, public finance, ethics, neighborhood planning, public engagement, and other related expertise. City employees are not eligible.

Section 2. Selection and Length of Appointment

  1. The Panel shall consist of 15 members – five (5) appointed by the Mayor, five (5) by the City Council, and five (5) by those ten (10). Members are not subject to confirmation by the City Council. The term of office shall be for two years, and Panelists may serve a maximum of two complete consecutive terms. Terms begin on March 1st and end on February 28th (February 29th in a Leap Year). A Panelist whose term has expired shall continue to hold office until a successor has been appointed.
  2. In order to maintain continuity as the Panelists’ terms expire, six (6) Panelists shall extend their first term by one year. These six Panelists shall include two (2) Panelists appointed by the Mayor, two (2) Panelists appointed by the City Council, and two (2) Panelists appointed by the mayoral and city council appointees. These six Panelists shall be selected by a majority vote of the Panel. These Panelists shall serve a first term of three years, which shall expire in 2003. The nine remaining panelists shall serve a first term of two years, which shall expire in 2002. As a result, the terms of six Panelists (two mayoral, two council, and two panel appointees) shall expire every odd numbered year and the terms of nine Panelist (three mayoral, three council, and three panel appointees) will expire every even numbered year.
    3.

Section 3. Removal

A Panelist may be removed by a majority vote of the full-Panel from his/her position if absent from three consecutive full-panel meetings without being excused by the Chair .

Section 4. Filling Vacancies

In advance of a vacancy, the Panel Coordinator and full-Panel Chair shall actively work with the appropriate party (Mayor, Council, or designated group of Panelists) to find a replacement. Authority to appoint the replacement lies exclusively with the appropriate party (Mayor, Council, or Panelists). Vacancies shall be filled to maintain the balance of 5 Mayoral appointees, 5 Council appointees, and 5 selected by those 10 Panelists. If a vacancy is being filled mid-term, the appointed new Panelist fills only the unexpired portion of the term.

Section 5. Compensation

Panelists shall receive no monetary compensation for service on the P4 Panel.

Section 6. Chair and Vice-Chair selection

A Chair and Vice-Chair shall be selected annually by majority vote of the full-Panel and shall serve a term of one year. Officers shall be selected at the first full-Panel meeting in February each year. The term of office shall run from March through February, with the exception of officers selected in May 2000, whose terms shall run from May 2000 through February 2001. Officers are limited to two consecutive terms in an office.

Section 7. Duties of Chair and Vice-Chair

The Chair shall preside at all full-Panel business meetings (“business meetings”), and act as a spokesperson for the full-Panel, unless s/he designates another spokesperson(s). In the event that the Chair cannot preside at a business meeting, the Vice-Chair shall preside. If neither the Chair nor Vice-Chair is available to preside, the Chair shall designate another Panelist to do so.

Section 8. Panel Coordinator

The Panel Coordinator serves as professional staff to the full-Panel and all Project Panels. S/he directs Citywide P4 review, and is the primary City of Seattle contact with the Panel. S/he shall maintain liaison with other City departments and public bodies generally to carry out the objectives of the P4 Panel. The P4 Coordinator shall provide the Panel with technical and administrative support, and shall work with the full-Panel and Project Panel Chairs to prepare agendas, meeting notices, and meeting minutes. S/he, under Panel supervision, is authorized to make media contacts and to release news items.

Section 9. Project Panels

  1. For each "targeted" partnership, a group of at least five (5) Panelists shall self-select to review the project. That group of at least five Panelists is known as the Project Panel for the targeted partnership.
  2. If a Panelist on a Project Panel becomes unable to participate in review of the project, due to expiring term of membership or other reason, and his/her vacancy would bring the number of Panelists reviewing the project to fewer than five (5), s/he shall be replaced. If the number of remaining Panelists on the Project Panel is five or more, s/he shall not be replaced. The Project Panel Chair shall request a new participant from the remaining full-Panel membership.
  3. Prior to or at the first briefing related to the targeted partnership, all Panelists involved in reviewing that project shall select a Chair who shall preside over the meetings for that particular Project Panel.
  4. The Chair of the Project Panel may also act as a spokesperson to the media, public, or elected officials for that particular project. The full-Panel Chair and Vice-Chair are not excluded from also being Project Panel Chair.
  5. Prior to the first briefing related to the targeted project, all Panelists involved in reviewing that project shall complete a project disclosure form. Panelists who have actual conflicts or appearance of a conflict of interest with the targeted partnership shall not be assigned to participate on the Project Panel reviewing that partnership. (See also Article II.)
  6. Members of the Project Panel shall analyze issues and financial information, receive briefings, and formulate opinions about the project’s public benefits. Final reports and recommendations are made by the Project Panel and may be presented to the full-Panel at a business meeting for informational purposes only.
  7. Members of the Project Panel shall consider the public benefits related to a particular project pursuant to the Protocol.
  8. Members of the Project Panel shall present their recommendations to the Mayor and City Council in a timely manner; recommendations must be in writing and may also be presented orally at a committee meeting or public hearing related to the project.
  9. In order to be an effective resource for the city, it is important that the Panel become involved with the proposed project at the earliest practical date, while its advice and counsel can impact outcomes or structures, and before the recommendation is reduced to a simple yes/no alternative.

 

Article II - Conflict of Interest

Section 1. Appearance of Conflict of Interest

  1. P4 Panelists shall avoid conflicts of interest or the appearance of a conflict of interest, and shall conduct themselves in such a manner as to ensure the integrity of the P4 Panel’s advisory status and independence.
  2. Panelists shall complete on an annual basis the Statement of Financial Interest Form to be provided by the Seattle Ethics and Elections Commission.
  3. In advance of serving on a specific Project Panel, a Panelist shall complete the Project Panel Disclosure Form. This form shall be submitted to the P4 Coordinator and kept for public record. (See also Article I, Section 8e.)
  4. Panelists shall not disclose or use the City’s privileged or proprietary information, except in the performance of official duties.

 

Article III - Meetings and Hearings                                                                     TOP

Section 1. Meetings

All regularly scheduled business meetings of the full-Panel and meetings of Project Panels normally shall be open to the public. In some cases, in which sensitive materials may be reviewed or discussed, Panelists reserve the option to close the meeting or that portion of the meeting to the public.

Section 2. Parliamentary Procedure

Roberts Rules of Parliamentary Procedure shall govern the conduct of all full-Panel business meetings and Project Panel meetings and hearings.

Section 3. Public Testimony

The public may speak on issues which come before the full-Panel or a Project Panel.  At the start of each meeting, the Chair for either the full-Panel or Project Panel shall designate the appropriate time for public testimony and establish time limits for each speaker. 

Section 4. Place of Meetings

Unless otherwise determined by the full-Panel or a Project Panel, all regular Panel business meetings, Project Panel meetings, or hearings shall be held in a facility accessible to the public.

Section 5. Meeting Schedule

Full-Panel meetings shall be held on a regular basis as decided by the Panelists. The Chair may adjust the regular convening time of meetings. Meeting times and dates for Project Panels shall vary depending on the timeline of the targeted partnership. Panelists unable to be present at a full-Panel meeting can participate by telephone.  A majority of Panelists participating in the meeting must be physically present.

Section 6. Special Meetings

Special meetings of the full-Panel may be held whenever and wherever the Panel may determine.  The Chair may call such meetings.

Section 7. Advance Notice of Meeting

Notice of regular full-Panel meetings and Project Panel meetings shall be circulated to Panelists and the public at least 3 business days before each meeting. Notice to the public shall be circulated to interested parties via email (or U.S. mail). Press releases announcing the date, time, and content of the meeting shall also be circulated and posted on the City's website.

Section 8. Voting Quorum

A quorum of either the full-Panel or Project Panel shall consist of a majority of all respective members. A quorum shall be required before a vote can be taken.

Section 9. Proxies

Panelists are allowed to vote by proxy at full-Panel meetings.

 

Article IV – Records, Publications and Reports                                            TOP

Section 1. Reports and Recommendations in Writing

All reports and recommendations of the full-Panel, any minority bloc, an individual panel member, or a Project Panel shall be in writing.

Section 2. Minutes

Minutes of full-Panel and Project Panel proceedings, except for those from closed meetings, shall be promptly recorded and shall be available for public inspection and copying. Minutes shall also be posted on the City's website. Minutes of each meeting shall be subject to approval by the full-Panel or Project Panel, as appropriate, and shall be signed by the respective Chair. Minutes in proposed form for any particular meeting shall be forwarded to the respective Panelists prior to the subsequent meeting for appraisal and action at such subsequent meeting.

Section 3. Annual Report

The P4 Coordinator shall, annually, on or before the first day of April, make a report to the Mayor and City Council outlining the Panel’s goals and objectives, and progress toward achieving them; describing its review of individual projects and other business transacted. Members of the full-Panel will be given an opportunity to review and comment on the draft of the annual report.

 

Article V – Bylaws for Conduct of Panel Business                                      TOP

Section 1. Adoption

The Panel has adopted these bylaws for the conduct of its business. Copies of these bylaws shall be made available for public inspection.

Section 2. Revision and Amendment

These bylaws, as adopted by the Panel, may be revised or amended by a majority vote of all Panelists currently in office, provided that copies of the proposed revision or amendment shall be made available to each Panelist at least seven (7) days prior to the meeting at which the proposed revision or amendment is to be acted upon.

   
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