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ENGROSSED
SENATE BILL 6858
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Passed
Legislature - 2000 Regular Session
State of Washington 56th
Legislature 2000 Regular Session
By
Read first time 02/28/2000.
Referred to Committee on Ways & Means.
Providing
for overall management contracts for zoos and/or aquariums.
AN
ACT Relating to zoos and aquariums in cities with populations over one hundred
fifty thousand that are not within a metropolitan park district; and adding a
new chapter to Title 35 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1)
If the legislative authority of a city with a population over one hundred fifty
thousand that is not in a metropolitan park district contracts with one or more
nonprofit corporations or other public organizations for the overall management
and operation of a zoo, an aquarium, or both, that contract shall be subject to
this section. No such contract for the overall management and operation of zoo
or aquarium facilities by a nonprofit corporation or other public organization
shall have an initial term or any renewal term longer than twenty years, but
may be renewed by the legislative authority of the city upon the expiration of
an initial term or any renewal term.
(2)
Before approving each initial and any renewal contract with a nonprofit
corporation or other public organization for the overall management and
operation of any facilities, the city legislative authority shall hold a public
hearing on the proposed management and operation by the nonprofit corporation
or other public organization. At least thirty days prior to the hearing, a
public notice setting forth the date, time, and place of the hearing must be
published at least once in a local newspaper of general circulation. Notice of
the hearing shall also be mailed or otherwise delivered to all who would be
entitled to notice of a special meeting of the city legislative authority under
RCW 42.30.080. The notice shall identify the facilities involved and the
nonprofit corporation or other public organization proposed for management and
operation under the contract with the city. The terms and conditions under
which the city proposes to contract with the nonprofit corporation or other
public organization for management and operation shall be available upon
request from and after the date of publication of the hearing notice and at the
hearing, but after the public hearing the city legislative authority may amend
the proposed terms and conditions at open public meetings.
(3)
As part of the management and operation contract, the legislative authority of
the city may authorize the managing and operating entity to grant to any
nonprofit corporation or public or private organization franchises or
concessions that further the public use and enjoyment of the zoo or aquarium,
as the case may be, and may authorize the managing and operating entity to
contract with any public or private organization for any specific services as
are routinely so procured by the city.
(4)
Notwithstanding any provision in the charter of the city so contracting for the
overall management and operation of a zoo or an aquarium, or any other
provision of law, the nonprofit corporation or other public organization with
responsibility for overall management or operation of any such facilities
pursuant to a contract under this section may, in carrying out that
responsibility under such contract, manage, supervise, and control those
employees of the city employed in connection with the zoo or aquarium and may
hire, fire, and otherwise discipline those employees. Notwithstanding any
provision in the charter of the city so contracting for the overall management
and operation of a zoo or an aquarium, or any other provision of law, the civil
service system of any such city shall provide for the nonprofit corporation or
other public organization to manage, supervise, control, hire, fire, and
otherwise discipline those employees of the city employed in connection with
the zoo or aquarium.
(5)
As part of the management and operation contract, the legislative authority of
the city shall provide for oversight of the managing and operating entity to
ensure public accountability of the entity and its performance in a manner
consistent with the contract.
NEW
SECTION. Sec. 2. Nothing
in this chapter shall be construed to affect any terms, conditions, or
practices contained in a collective bargaining agreement in effect on the
effective date of this act.
NEW SECTION. Sec. 3.
Sections 1 and 2 of this act constitute a new chapter in Title 35 RCW.
