HomeMy WebLinkAboutMEMORANDUM 080725 LTAC CLARIFICATION SON f.
�� J? JAMES M. KENNEDY
Jefferson County Prosecuting Attorney
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Philip C.Hunsucker,Chief Civil Deputy Prosecutor Jefferson County Prosecutor's Office
Christopher R.Ashcraft,Chief Criminal Deputy Prosecutor 1820 Jefferson Street
Anna K.Phillips,Deputy Prosecutor Post Office Box 1220
Melissa Pleimann,Deputy Prosecutor Port Townsend,WA 98368
Ariel Speser,Deputy Prosecutor Phone:(360)385-9180
Holly McKeen,Deputy Prosecutor Fax:(360)385-9186
Jim Funaro,Victim Services www.co.jefferson.wa.us/prosecutor
Lysa Phillis,Child Support Enforcement Officer
MEMORANDUM
Date: August 7,2025
To: Jefferson County LTAC
From: Prosecuting Attorney's Office
Re: Response to Questions from August 4, 2025 BoCC Agenda Request re LTAC
By-Laws
Dear LTAC:
During BoCC's discussion regarding LTAC By-Laws on August 4, 2025, two questions were
raised. BoCC voted to adopt the draft By-Laws, and, in doing so, directed the Prosecuting
Attorney's Office to provide a short memo answering the outstanding questions.
To best address the questions in a format that is easily accessible and ensures clarity for LTAC
moving forward, the PAO has incorporated the answers into a subsequent revised draft of LTAC
By-Laws for your review.If you agree with the proposed changes,LTAC may recommend bringing
the revised draft By-Laws back for BoCC review.
QUESTION 1:
1) On page 6, on the RFP process chart—"3 Choices for BoCC: (1) Reject LTAC
recommendation proposal;"
a. If the BoCC were to reject the recommendation proposal in full, what happens
after that?Would the LTAC begin again at the beginning of the process by issuing
a new RFP?Or would they"propose change to recommended proposal, then send
back to LTAC for up to 45 days..."?Or would some other process ensue?
RESPONSE:
The process begins by LTAC reviewing each proposal and making a recommendation to BoCC.
BoCC reviews LTAC's recommendation proposal by proposal and takes final action. In the RFP
process chart, the three(3)Choices for BoCC on each recommended proposal may lead to the
following additional public processes, including:
(1)BoCC rejects LTAC's recommended proposal.' This may happen if BoCC awards
zero dollars to a proposal. BoCC may take final action on the other proposals and direct
LTAC to issue a subsequent RFP cycle for any remaining funds.
(2)BoCC accepts LTAC's recommended proposal, including recommended amount. This
happens when BoCC accepts LTAC's recommended proposal "as is". BoCC then takes
final action and the proposal proceeds to contracting and distribution of the final award
amount.
(3)BoCC accepts LTAC's recommended proposal,but proposes a change to the
recommended amount, and sends back to LTAC for up to 45 days for review and
comment.
• For example, if LTAC recommends Applicant A receive $5,000 and Applicant B
receive$2,000, BoCC may propose changing the recommended proposed amounts
by instead recommending Applicant A receive $6,000 and Applicant B receive
$1,000 (or any other amount), but must allow LTAC 45 days to comment on the
proposal before adopting it.
• This additional public process respects LTAC's role by allowing it to advise while
also balancing the role of BoCC as the final decision maker.2
QUESTION 2:
2) Page 9, Section 8: Does any language need to be added to clarify that the BoCC has
authority to remove an LTAC member directly(or to reseat the entire board)even if a
recommendation to remove a member has NOT been initiated or approved by the LTAC?
Or is that authority inherent in the RCW?
RESPONSE:
BoCC maintains the ability to remove an individual LTAC member or reseat the entire board,
even if a recommendation to remove a member has not been initiated or approved by LTAC. This
authority is expressly authorized by statute. Per RCW 67.28.1817(1), "The appointing authority
shall review the membership of the advisory committee annually and make changes as
appropriate."(Emphasis added).
'A recommendation of a zero-dollar award is a rejection.
2 For additional context and background,please see the attached Informal Attorney General's Opinion dated August
17,2016,which addresses this topic in detail.
2
ATTACHMENTS:
Attached to this memo for your consideration are the following materials:
• Revised Draft By-Laws dated August 7, 2025
• Informal Attorney General's Opinion dated August 17, 2016
• BoCC August 4, 2025 Agenda Packet re LTAC By-Laws
We hope this information will be helpful. Thank you for your service to Jefferson County!
Respectfully,
Ariel Speser
Civil Deputy Prosecuting Attorney
pronouns: she/her
Jefferson County Prosecuting Attorney's Office
P.O. Box 1220, Port Townsend,WA 98368
Ph: 360-385-9187 (direct)
Email: aspeser(a,co.jefferson.wa.us
Enclosure: Revised Draft By-Laws dated August 7, 2025
Informal Attorney General's Opinion dated August 17, 2016
BoCC August 4, 2025 Agenda Packet re LTAC By-Laws
cc: Chief Civil Deputy Prosecuting Attorney, Philip Hunsucker
Commissioner Heather Dudley-Nollette
County Administrator, Josh Peters
Deputy Clerk of the Board,Adiel McKnight
3
Jefferson County LTAC By-Laws
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LTAC By-Laws`
DRAFT By-laws,August 7,2025
DRAFT 08/07/2025
Jefferson County LTAC By-Laws
Table of Contents; Commented[PAOI]:Updated Table of Contents for
consistency with recommended changes.
1. AUTHORITY 3
2. ROLE OF THE LTAC 3
3. DUTIES OF LTAC 4
4. COMPOSITION OF LTAC 8
5. APPOINTMENT AND TERM OF MEMBERS OF LTAC 9
6. NO COMPENSATION FOR MEMBERS OF LTAC 10
7. LTAC OFFICERS,THEIR DUTIES,AND THEIR TERM OF OFFICE 11
8. PROCEDURE FOR REMOVAL OF LTAC OFFICERS AND MEMBERS 11
9. SUBCOMMITTEES OF LTAC 12
10. LTAC MEMBER ROLES AND RESPONSIBILITIES 12
11. REGULAR MEETING SCHEDULE 12
12. QUORUM REQUIREMENT 13
13. VOTING 13
14. CONFLICT OF INTEREST AND APPEARANCE OF FAIRNESS FOR MEMBERS OF LTAC 13
15. REPORTS,RECOMMENDATIONS AND CORRESPONDENCE FROM LTAC 13
16. COMPLIANCE WITH THE OPEN PUBLIC MEETING ACT IS REQUIRED 14
17. NOTICE OF EACH MEETING OF LTAC 14
18. AGENDA FOR EACH MEETING OF LTAC 14
19. ABSENCES 15
20. CONDUCT OF EACH MEETING OF LTAC 15
21. RECORD OF MEETINGS OF LTAC 16
22. MINUTES OF MEETINGS OF LTAC 16
23. AMENDMENT OF THESE BY-LAWS 16
24. SAVINGS CLAUSE 16
25. EFFECTIVE DATE 16
1. AUTHORITY 3
2. ROLE OF THE LTAC 3
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Jefferson County LTAC By-Laws
3. DUTIES OF THE LTAC 4
4. COMPOSITION OF THE LTAC 7
5. APPOINTMENT AND TERM OF MEMBERS OF THE LTAC
6. NO COMPENSATION FOR MEMBERS OF THE LTAC
7. LTAC OFFICERS,THEIR DUTIES,AND THEIR TERM OF OFFICE 9
R. PROCEDURE FOR REMOVAL OF LTAC OFFICERS AND MEMBERS 10
9. SUBCOMMITTEES OF THE LTAC 10
10. LTAC MEMBER ROLES AND RESPONSIBILITIES 10
11. REGULAR MEETING SCHEDULE 11
12. QUORUM REQUIREMENT 11
13. VOTING 11
14. CONFLICT OF INTEREST/APPEARANCE OF FAIRNESS FOR MEMBERS OF THE LTAC 11
15. REPORTS,RECOMMENDATIONS AND CORRESPONDENCE FROM THE LTAC 12
16. COMPLIANCE WITH THE OPEN PUBLIC MEETING ACT IS REQUIRED 12
17. NOTICE OF EACH MEETING OF THE LTAC 12
18. AGENDA FOR EACH MEETING OF THE LTAC 13
19. ABSENCES 13
20. CONDUCT OF EACH MEETING-OF THE LTAC 14
21. RECORD OF MEETINGS OF THE LTAC 14
22. MINUTES OF MEETINGS OF THE LTAC 14
23. AMENDMENT OF THESE BY LAWS 15
21. SAVINGS CLAUSE 15
25. EFFECTIVE DATE 15
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Jefferson County LTAC By-Laws
1. AUTHORITY
Chapter 67.28 RCW governs Public Stadium,Convention,Arts,and Tourism Facilities in Washington State.
RCW 67.28.080(2),"Municipality"means any county,city or town of the state of Washington.(Emphasis
added).
The Jefferson County Lodging Tax Advisory Committee(JCLTAC or LTAC)was established on April 20,1998
by Jefferson County Resolution 33-98.RCW 67.28.1817 requires:
Before proposing imposition of a new tax under this chapter,an increase in the rate of a tax imposed
under this chapter,repeal of an exemption from a tax imposed under this chapter,or a change in the
use of revenue received under this chapter,a municipality with a population of five thousand or more
shall establish a lodging tax advisory committee under this section.
RCW 67.28.1817(1).
2. ROLE OF THE LTAC
The LTAC was formed for the purpose of developing a comprehensive tourism development strategy and Commented[PAO2]:Changed"The LTAC to"LTAC for
assisting in the administration of the lodging tax fund, including recommending annual expenditures grammatical consistency.
consistent with Chapter 3.25 of the Jefferson County Code(JCC)to the Board of County Commissioners Commented[PAO3]:Jefferson County Code is subsequently
identified as JCC.
(BoCC)through the annual budget cycle.JCC 3.25.020(1).
Pursuant to RCW 67.28.1816(2)(b)(ii),the local lodging tax advisory committee makes recommendations
to the BoCC regarding how the local lodging tax revenue should be distributed.
Procedurally, the LTAC must select the candidates from amongst the applicants applying for use of
revenues under chapter 67.28 RCW and provide a list of such candidates and recommended amounts of
funding to the BoCC for final determination.RCW 67.28.1816(2)(b)(ii).
The LTAC maintains a close relationship with the Tourism Coordinating Council(TCC),which is a separate
BoCC advisory committee,governed by Jefferson County Resolution No. 26-0421-25R,and is tasked with
making recommendations to the BoCC that help inform local tourism policy.' Commented[PAO4]:Based on public comment received
during BoCC's discussion on August 4,2025,PAO will work on code
amendments to harmonize chapter 3.25 JCC for consistency with
these By-Laws.
JCC 3.25.020(3)currently reads as follows:
(31 Supersedes.The JCLTAC shall supersede and replace the tourism coordination council established under Resolution
No.59.94.(Ord.8-22§1(Apex.Al;Ord.2-98§2(
BoCC is updating chapter 3.25 JCC Lodging tax advisory committee to harmonize code with these updated By-Laws.
3 ( Page
Jefferson County LTAC By-Laws
When prioritizing Requests for Proposals (RFPs) for lodging tax revenue, the LTAC shall take into
consideration the TCC's annual strategic plan approved by the BoCC. LTAC members are encouraged to
consider their collective expertise and input from tourism industry professionals and other members of
the public who may wish to provide public comment.
The County Administrator assigns a BoCC staff member to support LTAC.The staff member shall meet
annually with the Chair to review staffing needs.
3. DUTIES OF THE LTAC
Chapter 67.28 RCW limits how lodging tax revenue can be distributed in at least six ways.
First RCW 67.28.1815 clearly states that the revenues must be used:
...solely for the purpose of paying all or any part of the cost of tourism promotion,acquisition of
tourism-related facilities,or operation of tourism-related facilities.
Second,RCW 67.28.1815 requires that all lodging tax revenue be"credited to a special fund in the treasury
of the municipality imposing such tax and used solely for the purpose of paying all or any part of the cost
of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities."
(Emphasis added.)
Third, chapter 67.28 RCW limits the types of entities than can receive lodging tax revenue. RCW
67.28.1816:
(1)Lodging tax revenues under this chapter may be used,directly by any municipality or
indirectly through a convention and visitors bureau or destination marketing organization
for:
(a)Tourism marketing;2
"Tourism marketing"is not defined in Chapter 67.28 RCW. However,RCW 67.28.080(6)defines"tourism promotion"as
"activities,operations,and expenditures designed to increase tourism,including but not limited to advertising,publicizing,or
otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand
tourism;operating tourism promotion agencies;and funding the marketing of or the operation of special events and festivals
designed to attract tourists."
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Jefferson County LTAC By-Laws
(b) The marketing and operations of special events and festivals designed to attract
tourists;
(c) Supporting the operations and capital expenditures of tourism-related facilities
owned or operated by a municipality or a public facilities district created under chapters
35.57 and 36.100 RCW;or
(d) Supporting the operations of tourism-related facilities owned or operated by
nonprofit organizations described under 26 U.S.C. Sec. 501(c)(3) and 26 U.S.C. Sec.
501(c)(6)of the internal revenue code of 1986,as amended.
RCW 67.28.1816.
Fourth,chapter 67.28 RCW requires applicants for lodging tax funds to submit applications and"estimates
of how any moneys received will result in increases in the number of people traveling for business or
pleasure on a trip." RCW 67.28.1816(2).Subsection(2)says in full:
(2)(a)Except as provided in(b)of this subsection,applicants applying for use of revenues
in this chapter must provide the municipality to which they are applying estimates of how
any moneys received will result in increases in the number of people traveling for business
or pleasure on a trip:
(i) Away from their place of residence or business and staying overnight in paid
accommodations;
(ii)To a place fifty miles or more one way from their place of residence or business for
the day or staying overnight;or
(iii)From another country or state outside of their place of residence or their business.
(b)(i)In a municipality with a population of five thousand or more,applicants applying for
use of revenues in this chapter must submit their applications and estimates described
under(a)of this subsection to the local lodging tax advisory committee.
(ii)The local lodging tax advisory committee must select the candidates from amongst
the applicants applying for use of revenues in this chapter and provide a list of such
candidates and recommended amounts of funding to the municipality for final
determination.The municipality may choose only recipients from the list of candidates
and recommended amounts provided by the local lodging tax advisory committee.
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Jefferson County LTAC By-Laws
(c)(i)All recipients must submit a report to the municipality describing the actual number
of people traveling for business or pleasure on a trip:
(A)Away from their place of residence or business and staying overnight in paid
accommodations;
(B)To a place fifty miles or more one way from their place of residence or business
for the day or staying overnight;or
(C) From another country or state outside of their place of residence or their
business.A municipality receiving a report must:Make such report available to the
local legislative body and the public;and furnish copies of the report to the joint
legislative audit and review committee and members of the local lodging tax
advisory committee.
(ii)The joint legislative audit and review committee must on a biennial basis report to
the economic development committees of the legislature on the use of lodging tax
revenues by municipalities.Reporting under this subsection must begin in calendar year
2015.
(d)This section does not apply to the revenues of any lodging tax authorized under this
chapter imposed by a county with a population of one million five hundred thousand or
more.
(Emphasis added).
Fifth RCW 68.27.1817 requires that municipalities create local lodging tax advisory committees(LTAC),
which receives the applications and estimates required by RCW 67.28.1816(2)."The appointing authority
shall review the membership of the advisory committee annually and make changes as appropriate."RCW
68.27.1817(1).
Sixth the LTAC reviews the applications and estimates and makes recommendations to the legislative
authority of the municipality,which the municipality's legislative authority may change,after giving 45-
days'notice and an opportunity to comment to the LTAC.RCW 68.27.1817(2).
A visual interpretation of the LTAC's RFP process is provided on the following page. Commented[PA05]:Slightly modified chart,edited for clarity.
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Jefferson County LTAC By-Laws
3 Choices for 8oCC:
(1) Reject ITAC recommendation proposal;
(2) Accept LTAC recommendation proposal,
including recommended amount;
...... _.. _.. ... . .. _. . ;1; .acommended proposal,propose
change to recommended amount,then send
back to LTAC for up to 45 days for review and
comment.
LTAC reviews proposals. BoCC reviews LTAC's
LTAC sends out RFP deliberates,and makes recommendations and BoCC signs ITAC
recommendations to takes final action' contracts
BoCC
END
"An informal opinion from the Washington State Attorney General's OF
Office(2016)states the legislative body(Boa.)may award amounts RFP
different from LTAC's recommended amounts,but only after satisfying CYCLE
the procedural requirements of RCW 67.28.1817(2).
3 Choices for BoCC on each proposal:
(1) Reject LTAC's recommendation";
(2) Accept LTAC's recommendation,including the
amount;
(3) Accept LTAC's recommendation,but proposes
a change to the recommended amount,then
send back to ITAC for up to 45 days for review
and comment.
ITAC reviews each BoCC reviews LTAC's
Tkesornmendaliorrs
nds out Rf P takes final action proposal
to BoCC by Proposal' accepted proposal
END
'An informal opinion from the Washington State Attorney General's OF
Office(2016)states the legislative body(BoCC I may award amounts RIP
different from ITAC's recommended amounts,but only after satisfying CYCLE
the procedural requirements of RCW 67.28,1817(2).
"A recommendation of a zero dollar award is a rejection.
7Il> ) ::
Jefferson County LTAC By-Laws
c LTAC is an advisory body only and makes recommendations to the BoCC on lodging tax revenue
distribution prior to final action by the BoCC.Before taking final action on a matter on which the LTAC has
made a recommendation, the BoCC shall consider the LTAC's recommendations and other available
information.
In BoCC's review of LTAC's recommendations, BoCC cannot modify any of the proposals other than to
adjust the financial amount of the award,provided BoCC abides by the statutory process for doing so,as
set forth in RCW 67.28.1817(2).
Even though BoCC considers each proposal within the context of the full"slate"of proposals and the funds
available,each proposal shall be considered individually.
In the chart above reflecting LTAC's RFP process,the"3 Choices for BoCC"lead to the following additional
public processes,including:
(1)BoCC rejects LTAC's recommended proposal.This may happen if BoCC awards zero dollars to a
proposal.BoCC may take final action on the other proposals and direct LTAC to issue a subsequent
RFP cycle for any remaining funds.
(2)BoCC accepts LTAC's recommended proposal,including recommended amount.This happens
when BoCC accepts LTAC's recommended proposal "as is". BoCC then takes final action and the
proposal proceeds to contracting and distribution of the final award amount.
(3) BoCC accepts LTAC's recommended proposal, but proposes a change to the recommended
amount,and sends back to LTAC for up to 45 days for review and comment.
• For example, if LTAC recommends Applicant A receive $5,000 and Applicant B receive
$2,000, BoCC may propose changing the recommended proposed amounts by instead
recommending Applicant A receive $6,000 and Applicant B receive$1,000 (or any other
amount),but must allow LTAC 45 days to comment on the proposal before adopting it.
• This additional public process respects LTAC by allowing it to advise while also balancing
the role of BoCC as the final decision maker.' Commented[PAO6]:This section is added to help clarify
LTAC's 1"question presented in the Agenda Request during the
BoCC's August 4,2025 meeting:
4. COMPOSITION OF F44 -LTAC
1)On page 6,on the RFP process chart—"3 Choices for BoCC:(1)
LTAC membership composition shall comply with all requirements of RCW 67.28.1817(1), including at Reject LTAC recommendation proposal;"
a.lf the BoCC were to reject the recommendation proposal in
minimum: full,what happens after that?Would the LTAC begin again at
the beginning of the process by issuing a new RFP?Or would
• Consist of at least five(5)members,appointed by the BoCC; they"propose change to recommended proposal,then send
back to LTAC for up to 45 days..."?Or would some other
• Include at least two members who are representatives of businesses required to collect tax under process ensue?
chapter 67.28 RCW;
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Jefferson County LTAC By-Laws
• Include at least two members who are persons involved in activities authorized to be funded by
revenue received under chapter 67.28 RCW;and
• Pursuant to RCW 67.28.1817(1),"One member shall be an elected official of the municipality who
shall serve as chair of the committee." Commented[PA07]:On August 4,2025,BoCC approved a
version of the By-Laws that did not require the BoCC representative
The number of members who are representatives of businesses required to collect tax under chapter be Chair.Per statute,the Chair must be an elected official.During
67.28 RCW shall equal the number of members who are involved in activities authorized to be funded bybeBoCC'CC's s representatvCC expressedsiorc Hyhasprefer beenohe cave se. Chair
q be BoCC's representative as historically has been the case.
revenue received under chapter 67.28 RCW.RCW 67.28.1817(1).
Organizations representing businesses required to collect tax under this chapter,organizations involved
in activities authorized to be funded by revenue received under this chapter,and local agencies involved
in tourism promotion may submit recommendations for membership on the committee. RCW
67.28.1817(1).
The LTAC member composition requirements are pursuant to RCW 67.28.1817(1)and shall be consistent
with JCC 3.25.020(2)chapter 3.25 JCC Lodging tax advisory committee.3 Commented[PA08] Footnote 3 further clarifies the comment
immediately above.While BoCC's designated member may be
LTACs Chair,it is not required,and could potentially be another
The BoCC shall review the membership of the LTAC annually and make changes as appropriate. RCW elected official.
67.28.1817(1).
5. APPOINTMENT AND TERM OF MEMBERS OF THE LTAC
Th: LTAC Chair shall be the designated elected official from the county serving on the committee.This
position has no term limits, however the BoCC shall review the county's designated member annually
when setting committee assignments.The elected official from the county assigned to LTAC is Position 1.
3 JCC 3.25.020 Lodging tax advisory committee currently reads as follows:
(2)Appointment.The JCLTAC shall consist of five members appointed by the board of county commissioners to serve
three-year terms.Committee membership shall include two members from establishments required to collect the tax,
two members representing activities authorized to be funded by said tax,and one member from the board of county
commissioners,who shall serve as the chair of the committee.(Emphasis added).
BoCC is updating chapter 3.25 JCC Lodging tax advisory committee to harmonize code with these updated By-Laws.
Jf LTAC and BoCC adopt By Laws that expand the "elected official" to a representative other than an
elected BoCC m tuber the BoCC.,gin-.ice..., ed. nd iCC 25 020(2)for
9 ( Pae
Jefferson County LTAC By-Laws
The remaining member terms shall be appointed by the BoCC and shall have terms as follows:
(a)Members listed as representatives of businesses required to collect tax.These are Positions 2
and 4.
(b)Members listed as persons involved in activities authorized to be funded. These are Positions
3 and 5.
The initial board member terms shall be as follows:
Positions 2 and 3 shall serve two-year(2)terms.
Positions 4 and 5 shall serve three-year(3)terms.
After the initial board members are appointed,all subsequent term limits shall be three-year(3)
terms,equal in length,for Positions 2, 3,4,and 5. LTAC member terms may serve consecutive
terms,but shall not exceed two consecutive terms.-
All LTAC members are appointed by the BoCC.
As stated in Section 4 above,the BoCC shall review the LTAC membership annually and make changes as
appropriate.RCW 67.28.1817(1).
6. NO COMPENSATION FOR MEMBERS OF TIC LTAC
LTAC members shall serve without compensation.
consecutive terms. Currently, Jefferson County Code(JCC) 3.25.020(2) directs LTAC members to serve
three year terms, and therefore this provision has been edited for consistency. Wowever, since RCW
b728.1817((14—does ,ese ecific--'RAC terra duration aad tei limits, LTAC may make a
noted in footnote 2 above,if BoCC changes the three year term duration,it should also instruct staff to
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Jefferson County LTAC By-Laws
7. LTAC OFFICERS,THEIR DUTIES,AND THEIR TERM OF OFFICE
There shall be a Chair and Vice Chair. (he LTAC Chair's+s-- the designated BoCC
member.2 The Vice Chair shall be elected by the LTAC committee during the first meeting of each year. Commented[PAo9]:This edit explains that LTAC's Chair has
The LTAC may elect other officers by majority vote of thL LTAC. historically been the BoCC designated member.
The Chair shall preside over the LTAC meetings and coordinate development of the agenda with the
assigned staff member. The Chair shall sign all correspondence originated by the LTAC.
The Vice Chair shall preside over the LTAC meetings in the absence of the Chair.
The officers of the LTAC shall serve for one year from the date of election. The officers shall not serve for
more than two consecutive terms.
8. PROCEDURE FOR REMOVAL OF LTAC OFFICERS AND MEMBERS
The LTAC may remove LTAC officers,whom they elect by the following procedure: Any member of the
LTAC may offer a motion for removal at a meeting. If the motion is seconded,it shall be considered and
I voted on at the next regular meeting or at a duly noticed special meeting of the-LTAC. Approval of a
motion to remove shall require a two-thirds majority of the members present and voting.
IThe LTAC may remove a member,by the following procedure:Any member of the LTAC may offer a motion
for recommending removal at a meeting.If the motion is seconded,it shall be considered and voted on at
I the next regular meeting or at a duly noticed special meeting of the LTAC. Approval of a motion to
recommend removal shall require a two-thirds majority of the members present and voting. The
recommendation for removal is then put forth to the BoCC,who may remove a LTAC member for cause
by majority vote of the BoCC. As stated in Section 19,a LTAC member who accrues three(3)consecutive,
unexcused absences from regular or special meetings may be recommended to the BoCC for removal from
the LTAC by the Chair with the concurrence of a majority of the members.
BoCC maintains the ability to remove an individual LTAC member or reseat the entire board, even if a
recommendation to remove a member has not been initiated or approved by LTAC. This authority is
expressly authorized by statute. Per RCW 67.28.1817(1), "The appointing authority shall review the
membership of the advisory committee annually and make changes as appropriate. (Emphasis added) Commented[PAoiO]:This section is added to help clarify
LTACs 2n'question presented in the Agenda Request during the
BoCC's August 4,2025 meeting:
2)Page 9,Section 8:Does any language need to be added to
clarify that the BoCC has authority to remove an LTAC member
directly(or to reseat the entire board)even if a recommendation
to remove a member has NOT been initiated or approved by the
s Pursuant to RCW 67.28.1817(1),"One member shall be an elected official of the municiaIity who shall serve as chair of the j LTAC?Oris that authority inherent in the RCW?
committee.'
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Jefferson County LTAC By-Laws
9. SUBCOMMITTEES OF THE LTAC
The Chair may appoint such standing and ad hoc sub-committees as may be considered useful and
appropriate to investigate any matter of interest to the LTAC.
At the Chair's discretion,or by a majority vote of the LTAC voting members,an item may be transmitted
to a subcommittee for review and comment.The Chair shall establish a deadline for subcommittee review,
provide members with direction or any specific review questions,and schedule regular updates from the
sub-committee, as necessary. If the sub-committee fails to meet the review deadline, the LTAC shall
proceed to take action without sub-committee or Advisory Group comment.
No sub-committee shall contain more than two(2)LTAC members.No LTAC member who is not a member
of a sub-committee may attend a sub-committee meeting;otherwise,all OPMA requirements would apply
to the sub-committee meeting. If more than two (2) LTAC members are present at a sub-committee
meeting,the sub-committee meeting shall be adjourned immediately.
Sub-committees may meet informally,without minutes;however,the sub-committee shall keep the LTAC
Chair informed,and report to the full LTAC at each LTAC meeting which occurs while the sub-committee
exists.
10. LTAC MEMBER ROLES AND RESPONSIBILITIES
LTAC members shall:
• Act as a participant,reviewer,and advisor regarding the LTAC's statutorily mandated duties.
• Serve at the pleasure of t#e-BoCC,taking into account BoCC identified priorities.
• Actively participate in the LTAC discussions and official LTAC comments.
• Keep the LTAC discussions and activities focused on topics relevant to the LTAC's duties.
• Attend regular and special meetings of the LTAC.
• Read background material, review agenda and notes for each meeting of the LTAC,and prepare
questions and comments in advance of the meeting as needed.
• Be a respectful participant,treating others with respect and kindness.
11. REGULAR MEETING SCHEDULE
LTAC shall set a regular meeting schedule during their first meeting of the year.
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Jefferson County LTAC By-Laws
LTAC Special Meetings will be set as needed or at the direction of the Chair.All special meetings are open
to the public as required by Chapter 4230 RCW,the Open Public Meetings Act(OPMA).
12. QUORUM REQUIREMENT
A quorum is required to be present before an official, regular or special meeting of the LTAC can take
place. A simple majority of the members of the LTAC shall constitute a quorum.
13. VOTING
Each member shall be allowed one vote on items considered by the LTAC.
Proxy votes are not permitted.
If a proposal for funding is recommended by LTAC and forwarded to the BOCC,the number of votes for
and against are included with the forwarded proposal.
Except in the event of breaking a tie vote,the Chair shall abstain from voting on recommendations to the
BOCC.
14. CONFLICT OF INTEREST AND APPEARANCE OF FAIRNESS FOR MEMBERS OF THE LTAC Commented[PA0111:Edited to remove slash and replace with
'and"so title is easier to understand.Since slash(/)has commonly
been used to mean both"and"and"or'it can create confusion
Members of t#e-LTAC shall not be disqualified from participating in any meetings,or in the preparation of depending on the context.This change provides clarity.
any reports,recommendations or correspondence of the LTAC based on any potential or actual conflict of
interest. A LTAC member is not prohibited from using their general expertise to educate the LTAC or
provide general information to the LTAC on a decision item.
However, members of the LTAC shall disclose personal or business interests that may conflict with a
matter of discussion by the committee immediately that might tend to prejudice the member's
participation in any meetings,reports,recommendations and correspondence of the LTAC.
The LTAC members shall comply with the code of ethics for municipal officers,chapter 42.23 RCW,in the
performance of their duties.Specifically,at any time a proposal is received by the LTAC that appears to
benefit any member of the committee that person shall recuse themselves from any decision related to
that proposal.
15. REPORTS,RECOMMENDATIONS AND CORRESPONDENCE FROM THE LTAC
Reports,recommendations and correspondence from the LTAC shall be made by consensus,if possible,
and will seek opportunities to develop group solutions and resolve conflicts. To reach a consensus
decision, LTAC members will make proposals,hold additional discussion,and then the Chair will call for
the consensus decision on the proposal.
13
Jefferson County LTAC By-Laws
If consensus is not possible,then reports, recommendations and correspondence shall be submitted to
the BoCC on behalf of a majority of the members over the signature of the Chair.Minority reports,if any,
shall be attached to, and forwarded with such reports, recommendations or correspondence without
comment by the Chair.
Concerning items of less formal advice:after discussion in one or more meetings,the LTAC shall adopt,by
consensus,a written report on the LTAC's findings.
16. COMPLIANCE WITH THE OPEN PUBLIC MEETING ACT IS REQUIRED
Because the Board is required to consider LTAC recommendations before taking final action,all meetings
of he'LTAC are subject to and shall conform with the provisions of the OPMA.
17. NOTICE OF EACH MEETING OF THE LTAC
A meeting of LTAC will be either a regular meeting pursuant to the regular meeting schedule in Section
11 or a special meeting.
A meeting of the LTAC that is not conducted in the place or the time posted in the regular meeting
schedule is a special meeting.Special meetings shall comply with the special meeting notice requirements
in OPMA,RCW 42.30.080.
For special meetings,RCW 42.30.080 requires at least 24-hour notice that specifies the time and place of
the special meeting and the business to be transacted. Notice for a special meeting must be:
• Posted on Jefferson County's website;
• Prominently displayed at the main entrance of Jefferson County's principal location,which is the
Jefferson County Courthouse located at 1820 Jefferson Street, Port Townsend, WA 98368 and
provide the meeting site,if it is not held at county's principal location;and,
• Delivered to each local newspaper of general circulation and local radio or television station that
has on file with the Board a written request to be notified of such special meeting or of all special
meetings.
18. AGENDA FOR EACH MEETING OF THE LTAC
The Chair shall place the interests of the committee above any personal interest.The Chair shall place
items on the upcoming agenda, which shall allow for public comment prior to taking final action,
consistent with RCW 42.30.240(1).
-LTAC shall make the agenda of each regular meeting of the governing body available online no later
than twenty-four hours in advance of the published start time of the meeting.
14
Jefferson County LTAC By-Laws
LTAC members wishing to review item(s) shall consult with the LTAC staff who will ask the Chair for
permission to place the item(s)on a future agenda.
19. ABSENCES
LTAC members shall notify the Chair and the LTAC staff if the member is unable to attend a LTAC regular
meeting.The Chair,with assistance the LTAC staff,shall document the excuse provided for the absences
in question. If no excuse is given for a particular absence,it shall be considered unexcused.
At the start of each meeting,the Chair will ask the LTAC staff to call the roll of LTAC members. For any
member absent,the Chair shall announce whether the member's absence is excused or unexcused. The
LTAC staff will record the roll call,and notify the Chair if a quorum is present.
r "LTAC staff will maintain an ongoing attendance record for all LTAC members and provide this record
to all LTAC members,in writing,at least quarterly.
A LTAC member who accrues three(3)consecutive,unexcused absences from regular or special meetings
may be recommended to the BoCC for removal from t e LTAC by the Chair with the concurrence of a
majority of the members.
20. CONDUCT OF EACH MEETING OF THE LTAC
a. All meetings of the LTAC shall comply fully with OPMA, including but not limited to: (a) The
limitation on taking action on items not listed on the notice for a special meeting;and,(2)OPMA's
public comment requirements.
b. LTAC meetings shall follow procedural guidance set forth in Jefferson County Resolution Number
50-22,Open Public Meeting Act Guidelines for County Boards,Commissions&Committees.
c. Members and visitors at the meetings will treat each other with respect, will not monopolize
meeting time,and will listen to and try to understand each other's views.
d. The meeting agenda shall be constituted as follows:
i. Call to Order and Roll Call
ii. Public Comment
iii. Approval/Correction of Minutes from Previous Meeting(s)
iv. Committee Reports
v. Staff Reports
15 I '
Jefferson County LTAC By-Laws
vi. Old Business
vii. New Business
e. Committee and Staff reports may be held in abeyance if they relate to old or new business items.
f. No new agenda item(s) will be taken up ONE (1) HOUR AND THIRTY (30) MINUTES AFTER
COMMENCEMENT OF THE MEETING. This does not apply to Special Meetings, where no new
agenda items may be added,if not previously noticed on the Special Meeting Agenda.
21. RECORD OF MEETINGS OF T4.1€LTAC
Regular and special meetings of the LTAC shall be electronically recorded by audio or video, and the
recording shall be made available online for a minimum of six months.
22. MINUTES OF MEETINGS OF THE LTAC
The minutes of all regular and special meetings of the LTAC,except executive sessions,shall be promptly
recorded and such records shall be open to public inspection. The LTAC staff member shall prepare
minutes which shall be considered, revised (if necessary), and adopted by the—LTAC ideally at its next
regular or special meeting.
23. AMENDMENT OF THESE BY-LAWS
These By-laws may be amended by a majority vote of the LTAC members, provided the BoCC approves
any By-law amendments by a majority vote.
24. SAVINGS CLAUSE
Should any portion of these By-laws be declared unconstitutional or otherwise contrary to law, such
decision shall not affect the validity of the remaining portion of these By-laws.
25. EFFECTIVE DATE
These Bylaws are effective upon immediately after approval by the BoCC.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
16 I
Jefferson County LTAC By-Laws
ADOPTED THIS DAY OF ,2025.
LODGING TAX ADVISORY COMMITTEE
Chair
ADOPTED this day of 2025.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
Heidi Eisenhour,Chair
Greg Brotherton,Member
Heather Dudley-Nollette,Member
17IPage
64:
Bob Ferguson
ATTORNEY GENERAL OF WASHINGTON
1125 Washington Street SE • PO Box 40100 • Olympia WA 98504-0100
August 17, 2016
The Honorable Gregory M. Banks
Island County Prosecuting Attorney
PO Box 5000
Coupeville, WA 98239
Dear Prosecutor Banks:
By letter previously acknowledged, you have requested an opinion on the following
question:
When awarding lodging tax revenues pursuant to RCW 67.28.1816(2)(b)(ii),
may a municipality award an amount to a recipient that is different from the
amount on the list of candidates and recommended amounts provided by
the local lodging tax advisory committee?
BRIEF ANSWER
When awarding lodging tax revenues pursuant to RCW 67.28.1816(2)(b)(ii), a
municipality may award amounts different from the local lodging tax advisory committee's
recommended amounts, but only after satisfying the procedural requirements of
RCW 67.28.1817(2),according to which the municipality must submit its proposed change to the
advisory committee for review and comment at least forty-five days before final action on
the proposal.
BACKGROUND
The lodging tax is a special excise tax on charges for lodging. RCW 67.28.180. The
legislature has authorized cities and counties to impose a tax of up to two percent on the cost of
lodging in the jurisdiction. RCW 67.28.180(1);see also RCW 67.28.181. The tax, and the use to
which it may be put, have evolved from its origins as a limited authorization to pay for stadium
facilities when first enacted in 1967 into broad authority to finance tourism-related facilities and
services.See AGO 2006 No. 4,at 2-3 (recounting the history of the lodging tax to that point).
Revenues from lodging tax are deposited into a special fund in the municipal
treasury,and "used solely for the purpose of paying all or any part of the cost of tourism
promotion, acquisition of tourism-related facilities, or operation of tourism-related
facilities." RCW 67.28.1815. The law then allows local governments to use revenues for
tourism marketing and for the operations and capital expenditures of tourism-related
ATTORNEY GENERAL OF WASHINGTON
The Honorable Gregory M. Banks
August 17,2016
Page 2
facilities. RCW 67.28.1816(1). This includes both direct use of the revenue by the municipality,
but also use of the revenues indirectly "through a convention and visitors bureau or destination
marketing organization[.]"RCW 67.28.1816(1).
In 1997, the legislature authorized the creation of local lodging tax advisory committees
and imposed procedural requirements related to such advisory committees. See Laws of 1997,
ch. 452, § 5. The purpose of these advisory committees is to review and comment on any new
lodging tax, increase in the rate, repeal of an exemption, or change in use of lodging tax revenue
that is proposed by a municipality of 5,000 or more in population. RCW 67.28.1817. As adopted
in 1997, a municipality of 5,000 or more must submit its proposal to the local lodging tax
advisory committee for review and comment before making any change to the use of revenue
from the lodging tax. RCW 67.28.1817(2).
Thus,as written in 1997,the role of the advisory committee was to review and comment,
and facilitate public review and comment on use of the revenue.
In 2013, the legislature amended RCW 67.28.1816 and expanded the role of the local
lodging tax advisory committee. Now, in municipalities of 5,000 or more, applicants for use of
lodging tax revenues must submit their applications directly to the advisory committee. Those
applications must include estimates of how their proposed use of these funds will increase
tourism. RCW 67.28.1816(2)(a)(i)-(iii) (describing required estimates), .1816(2)(b)(i) (directing
that applications and estimates are to be submitted to the local advisory committee).
As amended,RCW 67.28.1816(2)(b)(ii)now reads:
The local lodging tax advisory committee must select the candidates from
amongst the applicants applying for use of revenues in this chapter and provide a
list of such candidates and recommended amounts of funding to the municipality
for fmal determination. The municipality may choose only recipients from the list
of candidates and recommended amounts provided by the local lodging tax
advisory committee.
Under that statute, the advisory committee's task is to "select the candidates from amongst the
applicants applying for use of revenues"and"provide a list of such candidates and recommended
amounts of funding to the municipality for fmal determination." RCW 67.28.1816(2)(b)(ii). The
municipality"may choose only recipients from the list of candidates and recommended amounts
provided by the local lodging tax advisory committee."RCW 67.28.1816(2)(b)(ii).
The next statute in succession within the Code, immediately following RCW 67.28.1816,
provides the method through which a municipality may change the use of lodging tax revenue:
Any municipality that proposes imposition of a tax under this chapter, an
increase in the rate of a tax imposed under this chapter, repeal of an exemption
ATTORNEY GENERAL OF WASHINGTON
The Honorable Gregory M. Banks
August 17, 2016
Page 3
from a tax imposed under this chapter, or a change in the use of revenue received
under this chapter shall submit the proposal to the lodging tax advisory committee
for review and comment. The submission shall occur at least forty-five days
before final action on or passage of the proposal by the municipality. The
advisory committee shall submit comments on the proposal in a timely manner
through generally applicable public comment procedures. The comments shall
include an analysis of the extent to which the proposal will accommodate
activities for tourists or increase tourism,and the extent to which the proposal will
affect the long-term stability of the fund created under RCW 67.28.1815. Failure
of the advisory committee to submit comments before final action on or passage
of the proposal shall not prevent the municipality from acting on the proposal. A
municipality is not required to submit an amended proposal to an advisory
committee under this section.
RCW 67.28.1817(2).
ANALYSIS
You ask whether a municipality reviewing the list of candidates and recommended
amounts from the lodging tax advisory committee is free under RCW 67.28.1816(2)(b)(ii)
to award an amount that is different from the amount recommended by the advisory committee.
I conclude that yes, the municipality is free to do so, but only if the municipality first
seeks further input from the advisory committee by following the procedural requirements of
RCW 67.28.1817(2).
The primary objective of statutory construction is to give effect to the legislature's intent.
Tesoro Refining & Mktg. Co. v. Dep't of Revenue, 173 Wn.2d 551, 556, 269 P.3d 1013 (2012).
This is done by first looking to the language of the statute itself, including the statutory scheme
as a whole.Lake v. Woodcreek Homeowners Ass'n, 169 Wn.2d 516, 526,243 P.3d 1283 (2010).
The statutes are clear in some respects. The final authority to determine the distribution
of lodging tax revenues is clearly vested in the municipality' and not in the advisory committee.
RCW 67.28.1816(2)(b)(ii) (providing that the committee must submit its recommendations "to
the municipality for final determination"). The committee is "advisory" in nature, and its work
product is "a list of such candidates and recommended amounts of funding to the municipality
for final determination." RCW 67.28.1816(2)(b)(ii). But while the municipality has the final say ry
in distributing revenues, the statute is also clear that it cannot choose recipients for the revenues
that were not recommended by the advisory committee. The word "recommended" modifies
"amounts" but not "candidates." RCW 67.28.1816(2)(b)(ii). "[Willy recipients from the list of
A "municipality" for purposes of the lodging tax means a city or county. RCW 67.28.080(2). Final
decision making authority for cities is generally vested in the city council(see, e.g., RCW 35A.11.020(noncharter
code cities)),while for a county that authority is vested in the county commissioners(RCW 36.32.120).
ATTORNEY GENERAL OF WASHINGTON
The Honorable Gregory M. Banks
August 17,2016
Page 4
candidates and recommended amounts" may receive distributions of lodging tax revenue from
the municipality. RCW 67.28.1816(2)(b)(ii). (emphases added). And the municipality is allowed
to"choose only recipients"from the list. RCW 67.28.1816(2)(b)(ii)(emphasis added).
While these elements of the statute are clear, one crucial element is debatable and
prompts your question. You note that there are at least two plausible interpretations of the
directive that "[t]he municipality may choose only recipients from the list of candidates and
recommended amounts provided by the local lodging tax advisory committee."
RCW 67.28.1816(2)(b)(ii). The first possible reading is that the municipality "may choose only
recipients from the" committee's list, but is free to vary the "recommended amount." For
example, if the committee recommended that Applicant A receive $5,000 and Applicant B
receive $2,000, the municipality could award Applicant A $7,000 and Applicant B $1,000, or
any other amount the municipality thought appropriate. The second possible reading is that the
municipality may choose"only recipients from the list of candidates"and can give them only the
"recommended amounts" or nothing at all. For example, if the committee recommended that
Applicant A receive $5,000 and Applicant B receive $2,000, the municipality could award
Applicant A $5,000 and Applicant B nothing, but could not give either applicant any money in
an amount different from the committee's recommendation.2 I agree that both of these readings
are plausible, and commenters supported each view. That said, each reading suffers from
significant flaws, and I ultimately believe that a third possible interpretation best comports with
the legislative intent.
The problem with the first reading of the statute is that it prevents the advisory committee
from serving one of its statutory roles. Under RCW 67.28.1817(2),the committee is to advise the
municipality of the extent to which a change in the use of lodging tax revenue "will
accommodate activities for tourists or increase tourism,and the extent to which the proposal will
affect the long-term stability of the fund[.]"3 To the extent the municipality is free to disregard
the recommendations of the committee, the committee will be unable to perform this function
because it will lack an opportunity to comment on the change in the use of funds. For example, if
the committee recommends that Applicant A receive $5,000 and Applicant B receive $2,000, the
2 To be clear, under neither reading could the municipality grant any money to Applicant X, who the fi
committee did not recommend receive anything.
s One might argue that a municipality altering the amounts recommended by the advisory committee under
RCW 67.28.1816(2)(bxii)does not qualify as "a change in the use of revenue received under this chapter"under
RCW 67.28.1817,but at least three factors suggest that it does qualify. First,RCW 67.28.1816(2)repeatedly refers
to"applicants applying for use of revenues in this chapter,"RCW 67.28.1816(2)(a), (b)(i),(b)(ii),almost the same
language used in RCW 67.28.1817, which suggests that the legislature did consider such use covered. Second, in
adopting the language now codified in RCW 67.28.1816 about the advisory committee's role, the legislature first
considered placing that language in RCW 67.28.1817. See Engrossed Substitute H.B. 1253, § 4, 63d Leg., Reg.
Sess.(Wash.2013).This suggests that the legislature was considering the statutes together and the interplay between
them. Finally, if such changes were not covered, the municipality could dramatically change use of lodging tax
revenue (by substantially increasing the awards to recipients on the list) without any input from the advisory
committee,which seems quite contrary to the legislative intent behind RCW 67.28.1817.
ATTORNEY GENERAL OF WASHINGTON
The Honorable Gregory M. Banks
August 17, 2016
Page 5
municipality could award Applicant A $1,000 and Applicant B $50,000 without the committee
having an opportunity to address how those amounts will affect the stability of the lodging tax
fund or"will accommodate activities for tourists or increase tourism."
Meanwhile, the problem with the second reading of the statute is that it gives short shrift
to the legislature's repeated indications that the committee's role is advisory and that the
amounts it suggests are "recommended." RCW 67.28.1816(2)(b)(ii). If the legislature really
intended to give the municipality no choice but to approve precisely the amounts recommended
by the committee or award nothing to a recipient at all, it certainly could have made that intent
far clearer, and the use of"recommended amounts"would seem quite convoluted.
For these reasons, I conclude that a third plausible reading of the statute best effectuates
the legislative intent. The statute immediately following RCW 67.28.1816 provides a mechanism
by which the municipality can change the use of lodging tax funds. Under RCW 67.28.1817(2),
"[a]ny municipality that proposes . . . a change in the use of revenue received under this chapter
shall submit the proposal to the lodging tax advisory committee for review and comment."
Reading the two statutes together, I conclude that the municipality is initially bound to make
"take it or leave it" selections both as to the recipients of lodging tax revenue and the amounts;
but,if the municipality wishes to change the amounts,it has an avenue for doing so. It may do so
only by following the procedure specified in RCW 67.28.1817(2) for seeking input from the
advisory committee. Failing to follow that procedure, the municipality would be making a
change in the use of revenue without input from the advisory committee, contrary to the
requirement of RCW 67.28.1817(2). Therefore, a municipality wishing to award a non-
recommended amount may do so, but only in accordance with the procedural steps at
RCW 67.28.1817(2). It must submit its proposal for the different use of the lodging tax revenues
to the local lodging tax advisory committee for review and comment at least forty-five days
before final action on the proposal. RCW 67.28.1817(2). So, for example, if the committee
recommended that Applicant A receive$5,000 and Applicant B receive $2,000,the municipality
could instead propose that Applicant A receive $10,000 and Applicant B receive $1,000 (or any
other amounts), but would have to give the advisory committee 45 days to comment on that
proposal before adopting it. Construing the statutes this way preserves the role of the advisory
committee by allowing it to advise while also preserving the role of the municipality as the final
decision maker. RCW 67.28.1816(2)(b)(ii).
To the extent this result might not be clear from the statutory language alone, legislative
history is helpful. Five Corners Family Farmers v. State, 173 Wn.2d 296, 305-06, 268 P.3d 892
(2011) (if the statutory language is susceptible of more than one meaning, courts "look to the
legislative history of the statute and the circumstances surrounding its enactment" (quoting Rest.
Dev., Inc. v. Cananwill, Inc., 150 Wn.2d 674, 682, 80 P.3d 598 (2003))). Reviewing sequential
drafts of the legislation through which the legislature amended RCW 67.28.1816 in 2013 is
helpful. See Lewis v. Dep't of Licensing, 157 Wn.2d 446, 470, 139 P.3d 1078 (2006) (looking to
sequential drafts to discern legislative intent). The original form of the bill did not include the
addition of the language that became paragraph (2)(b)(ii) of RCW 67.28.1816. H.B. 1253, 63d
ypf
1
ATTORNEY GENERAL OF WASHINGTON
The Honorable Gregory M. Banks
August 17,2016
Page 6
Leg., Reg. Sess. (Wash. 2013).4 Before passage, the House amended the bill to add language to
RCW 67.28.1817, providing: "The legislative body of the municipality may only choose
recipients from the prioritized list of applications and funding levels provided by the local
lodging tax advisory committee." Engrossed Substitute H.B. 1253, 63d Leg., Reg. Sess. (Wash.
2013) (emphasis added, showing different placement of the word "only"). But before final
passage,the legislature removed the proposed amendment to RCW 67.28.1817 from the bill and
settled upon the current language that now appears in RCW 67.28.1816(2)(b)(ii). Laws of 2013,
ch. 196, § 1. The grammatical significance of this history is that the municipality's choice is
directed to selecting recipients from among those on the advisory committee's list, authorizing
no other choice. This means that, at least as an initial proposition, when the municipality selects
a recipient it also selects the amount. The municipality can change that amount, but only by
following the procedure of RCW 67.28.1817(2).
If the legislature's intent had been to simply limit the municipality's choice of recipients,
while allowing unfettered discretion as to the amounts allocated to each, the legislature could
have simply said so. Instead, it enacted RCW 67.28.1816(2)(b)(ii) alongside the already existing
mechanism for changing use of the revenue in RCW 67.28.1817(2). In doing so, the legislature
maintained the role of the committee as an advisory body that makes recommendations, while
also vesting final decision making authority in the municipality.
All of that said, as I have noted above, this statute is susceptible of competing plausible
interpretations. While I believe that the reading I offer here best effectuates the legislative intent,
this is certainly a statute that could benefit from clarification as to its intended meaning.
I trust that the foregoing will be useful. This is an informal opinion and will not be
published as an official Attorney General Opinion.
Sincerely,
ry
H. LEE OVERTON
Assistant Attorney General
(360)586-2668
tyros
d All of the sequential drafts of H.B. 1253 are available online on the legislature's web site at
http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1253&year=2013.
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Adiel McKnight, Deputy Clerk of the Board
DATE: August 4,2025
SUBJECT: DISCUSSION and POTENTIAL ACTION re: Lodging Tax Advisory
Committee(LTAC) By-Laws
STATEMENT OF ISSUE:
The LTAC met on July 29, 2025 to review the draft LTAC By-Laws that were originally approved by the
Board of County Commissioners(BoCC)on April 21, 2025. During the meeting, LTAC members raised
two questions to pose to the BoCC. LTAC members requested that if revisions are made. that the BoCC
should open the floor to allow for public comments.
The two questions posed are:
I) On page 6,on the Request for Proposals(RFP)process chart—"3 Choices for BoCC: (1) Reject
LTAC recommendation proposal;"
Question: If the BoCC were to reject the recommendation proposal in full, what happens after
that? Would the LTAC begin again at the beginning of the process by issuing a new RFP?Or
would they"propose change to recommended proposal.then send back to LTAC for up to 45
days..."?Or would some other process ensue?
2) Page 9, Section 8:
Question: Does any language need to be added to clarify that the BoCC has authority to
remove an LTAC member directly(or to reseat the entire board)even if a recommendation to
remove a member has not been initiated or approved by the LTAC?Or is that authority
inherent in the RCW?
The LTAC members are content if the BOCC decides to leave the By-Laws as they are, but they would
appreciate clarity in the form of a memo.
ANALYSIS:
These by-laws will be the first for LTAC and reflect the direction that the BoCC seeks along with current
operational needs and governance standards. Staff has worked with the Prosecuting Attorney's Office for
guidance.
FISCAL IMPACT:
There is no fiscal impact.
RECOMMENDATION:
That the Board review the draft LTAC By-Laws and make edits if needed for adoption.
REVIEWED BY:
• 1 LI 7/30/2025
Jo• D. Peters, County Administrator Date
2025
DRAFT (Clean Version )
Jefferson County LTAC By- Laws
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Revised Draft By-laws,June 9, 2025
Jefferson County LTAC By-Laws
Table of Contents
1. AUTHORITY 2
2. ROLE OF THE LTAC 2
3. DUTIES OF THE LTAC 3
4. COMPOSITION OF THE LTAC 6
5. APPOINTMENT AND TERM OF MEMBERS OF THE LTAC 7
6. NO COMPENSATION FOR MEMBERS OF THE LTAC 8
7. LTAC OFFICERS, THEIR DUTIES, AND THEIR TERM OF OFFICE 8
8. PROCEDURE FOR REMOVAL OF LTAC OFFICERS AND MEMBERS 9
9. SUBCOMMITTEES OF THE LTAC 9
10 LTAC MEMBER ROLES AND RESPONSIBILITIES 9
11. REGULAR MEETING SCHEDULE ..,,.Y 10
12. QUORUM REQUIREMENT 10
13. VOTING 10
14. CONFLICT OF INTEREST/APPEARANCE OF FAIRNESS FOR MEMBERS OF THE LTAC 10
15. REPORTS, RECOMMENDATIONS AND CORRESPONDENCE FROM THE LTAC 11
16. COMPLIANCE WITH THE OPEN PUBLIC MEETING ACT IS REQUIRED 11
17. NOTICE OF EACH MEETING OF THE LTAC 11
18. AGENDA FOR EACH MEETING OF THE LTAC 12
19. ABSENCES 12
20. CONDUCT OF EACH MEETING OF THE LTAC 12
21. RECORD OF MEETINGS OF THE LTAC 13
22. MINUTES OF MEETINGS OF THE LTAC 13
23. AMENDMENT OF THESE BY-LAWS 13
24. SAVINGS CLAUSE 14
25. EFFECTIVE DATE 24
1 �
Jefferson County LTAC By-Laws
1. AUTHORITY
Chapter 67.28 RCW governs Public Stadium,Convention,Arts,and Tourism Facilities in Washington State.
RCW 67.28.080(2), "Municipality" means any county, city or town of the state of Washington. (Emphasis
added).
The Jefferson County Lodging Tax Advisory Committee(JCLTAC or LTAC)was established on April 20, 1998
by Jefferson County Resolution 33-98. RCW 67.28.1817 requires:
Before proposing imposition of a new tax under this chapter,an increase in the rate of a tax imposed
under this chapter, repeal of an exemption from a tax imposed under this chapter, or a change in the
use of revenue received under this chapter,a municipality with a population of five thousand or more
shall establish a lodging tax advisory committee under this section.
RCW 67.28.1817(1).
2. ROLE OF THE LTAC
The LTAC was formed for the purpose of developing a comprehensive tourism development strategy and
assisting in the administration of the lodging tax fund, including recommending annual expenditures
consistent with Chapter 3.25 of the Jefferson County Code to the Board of County Commissioners (BoCC)
through the annual budget cycle. JCC 3.25.020(1).
Pursuant to RCW 67.28.1816(2)(b)(ii), the local lodging tax advisory committee makes recommendations
to the BoCC regarding how the local lodging tax revenue should be distributed.
Procedurally, the LTAC must select the candidates from amongst the applicants applying for use of
revenues under chapter 67.28 RCW and provide a list of such candidates and recommended amounts of
funding to the BoCC for final determination. RCW 67.28.1816(2)(b)(ii).
The LTAC maintains a close relationship with the Tourism Coordinating Council (TCC), which is a separate
BoCC advisory committee, governed by Jefferson County Resolution No. 26-0421-25R, and is tasked with
making recommendations to the BoCC that help inform local tourism policy.
When prioritizing Requests for Proposals (RFPs) for lodging tax revenue, the LTAC shall take into
consideration the TCC's annual strategic plan approved by the BoCC. LTAC members are encouraged to
consider their collective expertise and input from tourism industry professionals and other members of
the public who may wish to provide public comment.
The County Administrator assigns a BoCC staff member to support LTAC. The staff member shall meet
annually with the Chair to review staffing needs.
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Jefferson County LTAC By-Laws
3. DUTIES OF THE LTAC
Chapter 67.28 RCW limits how lodging tax revenue can be distributed in at least six ways.
First, RCW 67.28.1815 clearly states that the revenues must be used:
...solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of
tourism-related facilities, or operation of tourism-related facilities.
Second,RCW 67.28.1815 requires that all lodging tax revenue be"credited to a special fund in the treasury
of the municipality imposing such tax and used solely for the purpose of paying all or any part of the cost
of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities."
(Emphasis added.)
Third, chapter 67.28 RCW limits the types of entities than can receive lodging tax revenue. RCW
67.28.1816:
(1) Lodging tax revenues under this chapter may be used, directly by any municipality or
indirectly through a convention and visitors bureau or destination marketing organization
for:
(a)Tourism marketing;'
(b) The marketing and operations of special events and festivals designed to attract
tourists;
(c) Supporting the operations and capital expenditures of tourism-related facilities
owned or operated by a municipality or a public facilities district created under chapters
35.57 and 36.100 RCW;or
"Tourism marketing" is not defined in Chapter 67.28 RCW. However, RCW 67.28.080(6) defines "tourism promotion" as
"activities,operations,and expenditures designed to increase tourism,including but not limited to advertising, publicizing,or
otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand
tourism;operating tourism promotion agencies;and funding the marketing of or the operation of special events and festivals
designed to attract tourists."
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Jefferson County LTAC By-Laws
(d) Supporting the operations of tourism-related facilities owned or operated by
nonprofit organizations described under 26 U.S.C. Sec. 501(c)(3) and 26 U.S.C. Sec.
501(c)(6) of the internal revenue code of 1986, as amended.
RCW 67.28.1816.
Fourth,chapter 67.28 RCW requires applicants for lodging tax funds to submit applications and "estimates
of how any moneys received will result in increases in the number of people traveling for business or
pleasure on a trip." RCW 67.28.1816(2). Subsection (2) says in full:
(2)(a) Except as provided in (b) of this subsection, applicants applying for use of revenues
in this chapter must provide the municipality to which they are applying estimates of how
any moneys received will result in increases in the number of people traveling for business
or pleasure on a trip:
(i) Away from their place of residence or business and staying overnight in paid
accommodations;
(ii)To a place fifty miles or more one way from their place of residence or business for
the day or staying overnight; or
(iii) From another country or state outside of their place of residence or their business.
(b)(i) In a municipality with a population of five thousand or more, applicants applying for
use of revenues in this chapter must submit their applications and estimates described
under (a)of this subsection to the local lodging tax advisory committee.
(ii)The local lodging tax advisory committee must select the candidates from amongst
the applicants applying for use of revenues in this chapter and provide a list of such
candidates and recommended amounts of funding to the municipality for final
determination.The municipality may choose only recipients from the list of candidates
and recommended amounts provided by the local lodging tax advisory committee.
(c)(i) All recipients must submit a report to the municipality describing the actual number
of people traveling for business or pleasure on a trip:
(A) Away from their place of residence or business and staying overnight in paid
accommodations;
(8) To a place fifty miles or more one way from their place of residence or business
for the day or staying overnight; or
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Jefferson County LTAC By-Laws
(C) From another country or state outside of their place of residence or their
business. A municipality receiving a report must: Make such report available to the
local legislative body and the public; and furnish copies of the report to the joint
legislative audit and review committee and members of the local lodging tax
advisory committee.
(ii)The joint legislative audit and review committee must on a biennial basis report to
the economic development committees of the legislature on the use of lodging tax
revenues by municipalities. Reporting under this subsection must begin in calendar year
2015.
(d) This section does not apply to the revenues of any lodging tax authorized under this
chapter imposed by a county with a population of one million five hundred thousand or
more.
(Emphasis added).
Fifth, RCW 68.27.1817 requires that municipalities create local lodging tax advisory committees (LTAC),
which receives the applications and estimates required by RCW 67.28.1816(2). "The appointing authority
shall review the membership of the advisory committee annually and make changes as appropriate." RCW
68.27.1817(1).
Sixth, the LTAC reviews the applications and estimates and makes recommendations to the legislative
authority of the municipality, which the municipality's legislative authority may change, after giving 45-
days' notice and an opportunity to comment to the LTAC, RCW 68.27.1817(2).
A visual interpretation of the LTAC RFP process is provided on the following page.
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Jefferson County LTAC By-Laws
3 Choi .r BoCC.
(1) Reject LTAC recommendation proposal;
(2) Accept LTAC recommendation proposal,
including recommended amount;
(3) Accept LTAC recommended proposal,propose
change to recommended amount,then send
back to LTAC for up to 45 days for review and
comment.
(N,
UAC reviews proposals, = Boll reviews UAL's
deliberates,and makes BoCC signs LTAC
LTAC sends out RFP recommendations and
recommendation»to takes final action'
contracts
BoCC
END
'An informal_gp nion from the Washington State Attorney General's , OF
Office(2016)states the legislative body 18oCC)may award amounts .0 REP
different from LTAC's recommended amounts,but only after satisfying' CYCLE
the procedural requirements of RCW 67.28.1817(2).
The LTAC is an advisory body only and makes recommendations to the BoCC on lodging tax revenue
distribution prior to final action by the BoCC. Before taking final action on a matter on which the LTAC has
made a recommendation, the BoCC shall consider the LTAC's recommendations and other available
information.
4. COMPOSITION OF THE LTAC
LTAC membership composition shall comply with all requirements of RCW 67.28.1817(1), including at
minimum:
• Consist of at least five (5) members, appointed by the BoCC;
• Include at least two members who are representatives of businesses required to collect tax under
chapter 67.28 RCW;
• Include at least two members who are persons involved in activities authorized to be funded by
revenue received under chapter 67.28 RCW; and
• Pursuant to RCW 67.28.1817(1), "One member shall be an elected official of the municipality who
shall serve as chair of the committee."
The number of members who are representatives of businesses required to collect tax under chapter
67.28 RCW shall equal the number of members who are involved in activities authorized to be funded by
revenue received under chapter 67.28 RCW. RCW 67.28.1817(1).
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Jefferson County LTAC By-Laws
Organizations representing businesses required to collect tax under this chapter, organizations involved
in activities authorized to be funded by revenue received under this chapter, and local agencies involved
in tourism promotion may submit recommendations for membership on the committee. RCW
67.28.1817(1).
The LTAC member composition requirements are pursuant to RCW 67.28.1817(1) and shall be consistent
with 1CC 3.25.020(2) Lodging tax advisory committee.'
The BoCC shall review the membership of the LTAC annually and make changes as appropriate. RCW
67.28.1817(1).
5. APPOINTMENT AND TERM OF MEMBERS OF THE LTAC
The LTAC Chair shall be the designated elected official from the county serving on the committee. This
position has no term limits, however the BoCC shall review the county's designated member annually
when setting committee assignments. The elected official from the county assigned to LTAC is Position 1.
The remaining member terms shall be appointed by the BoCC and shall have terms as follows:
(a) Members listed as representatives of businesses required to collect tax. These are Positions 2
and 4.
(b) Members listed as persons involved in activities authorized to be funded. These are Positions
3 and 5.
The initial board member terms shall be as follows:
2 JCC 3.25.020 Lodging tax advisory committee currently reads as follows:
(2)Appointment. The JCLTAC shall consist of five members appointed by the board of county
commissioners to serve three-year terms. Committee membership shall include two members from
establishments required to collect the tax,two members representing activities authorized to be funded
by said tax,and one member from the board of county commissioners, who shall serve as the chair of the
committee. (Emphasis added).
If LTAC and BoCC adopt By-Laws that expand the "elected official" to a representative other than an
elected BoCC member, the BoCC will also need to amend 1CC 3.25.020(2)for consistency.
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Jefferson County LTAC By-Laws
Positions 2 and 3 shall serve two-year(2)terms.
Positions 4 and 5 shall serve three-year(3)terms.
After the initial board members are appointed, all subsequent term limits shall be three-year (3)
terms, equal in length, for Positions 2, 3, 4, and 5. LTAC member terms may serve consecutive
terms, but shall not exceed two consecutive terms.3
All LTAC members are appointed by the BoCC.
As stated in Section 4 above, the BoCC shall review the LTAC membership annually and make changes as
appropriate. RCW 67.28.1817(1).
6. NO COMPENSATION FOR MEMBERS OF THE LTAC
LTAC members shall serve without compensation.
7. LTAC OFFICERS,THEIR DUTIES, AND THEIR TERM OF OFFICE
There shall be a Chair and Vice Chair.The LTAC Chair is the designated BoCC member. The Vice Chair shall
be elected by the LTAC committee during the first meeting of each year. The LTAC may elect other officers
by majority vote of the LTAC.
The Chair shall preside over the LTAC meetings and coordinate development of the agenda with the
assigned staff member. The Chair shall sign all correspondence originated by the LTAC.
The Vice Chair shall preside over the LTAC meetings in the absence of the Chair.
The officers of the LTAC shall serve for one year from the date of election. The officers shall not serve for
more than two consecutive terms.
3 Per BoCC Workshop discussion and public comment on June 2, 2025, consider whether the duration of
LTAC member terms should be longer or whether LTAC members should be allowed to serve additional
consecutive terms. Currently, Jefferson County Code (JCC) 3.25.020(2) directs LTAC members to serve
three-year terms, and therefore this provision has been edited for consistency. However, since RCW
67.28.1817(1) does not impose specific LTAC term duration and term limits, LTAC may make a
recommendation regarding term duration and term limits for consideration and approval by BoCC. As
noted in footnote 2 above, if BoCC changes the three-year term duration, it should also instruct staff to
bring forward proposed amendments to JCC 3.25.020(2) for consistency.
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Jefferson County LTAC By-Laws
8. PROCEDURE FOR REMOVAL OF LTAC OFFICERS AND MEMBERS
The LTAC may remove LTAC officers, whom they elect by the following procedure: Any member of the
LTAC may offer a motion for removal at a meeting. If the motion is seconded, it shall be considered and
voted on at the next regular meeting or at a duly noticed special meeting of the LTAC. Approval of a
motion to remove shall require a two-thirds majority of the members present and voting.
The LTAC may remove a member,by the following procedure:Any member of the LTAC may offer a motion
for recommending removal at a meeting. If the motion is seconded,it shall be considered and voted on at
the next regular meeting or at a duly noticed special meeting of the LTAC. Approval of a motion to
recommend removal shall require a two-thirds majority of the members present and voting. The
recommendation for removal is then put forth to the BoCC, who may remove a LTAC member for cause
by majority vote of the BoCC. As stated in Section 19,a LTAC member who accrues three(3)consecutive,
unexcused absences from regular or special meetings may be recommended to the BoCC for removal from
the LTAC by the Chair with the concurrence of a majority of the members.
9. SUBCOMMITTEES OF THE LTAC
The Chair may appoint such standing and ad hoc sub-committees as may be considered useful and
appropriate to investigate any matter of interest to the LTAC.
At the Chair's discretion, or by a majority vote of the LTAC voting members, an item may be transmitted
to a subcommittee for review and comment.The Chair shall establish a deadline for subcommittee review,
provide members with direction or any specific review questions,and schedule regular updates from the
sub-committee, as necessary. If the sub-committee fails to meet the review deadline, the LTAC shall
proceed to take action without sub-committee or Advisory Group comment.
No sub-committee shall contain more than two(2)LTAC members.No LTAC member who is not a member
of a sub-committee may attend a sub-committee meeting;otherwise,all OPMA requirements would apply
to the sub-committee meeting. If more than two (2) LTAC members are present at a sub-committee
meeting, the sub-committee meeting shall be adjourned immediately.
Sub-committees may meet informally,without minutes; however,the sub-committee shall keep the LTAC
Chair informed, and report to the full LTAC at each LTAC meeting which occurs while the sub-committee
exists.
10. LTAC MEMBER ROLES AND RESPONSIBILITIES
LTAC members shall:
• Act as a participant, reviewer,and advisor regarding the LTAC's statutorily mandated duties.
• Serve at the pleasure of the BoCC, taking into account BoCC identified priorities.
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Jefferson County LTAC By-Laws
• Actively participate in the LTAC discussions and official LTAC comments.
• Keep the LTAC discussions and activities focused on topics relevant to the LTAC's duties.
• Attend regular and special meetings of the LTAC.
• Read background material, review agenda and notes for each meeting of the LTAC, and prepare
questions and comments in advance of the meeting as needed.
• Be a respectful participant, treating others with respect and kindness.
11. REGULAR MEETING SCHEDULE
LTAC shall set a regular meeting schedule during their first meeting of the year.
LTAC Special Meetings will be set as needed or at the direction of the Chair. All special meetings are open
to the public as required by Chapter 42.30 RCW, the Open Public Meetings Act (OPMA).
12. QUORUM REQUIREMENT
A quorum is required to be present before an official, regular or special meeting of the LTAC can take
place. A simple majority of the members of the LTAC shall constitute a quorum.
13. VOTING
Each member shall be allowed one vote on items considered by the LTAC.
Proxy votes are not permitted.
If a proposal for funding is recommended by LTAC and forwarded to the BOCC, the number of votes for
and against are included with the forwarded proposal.
Except in the event of breaking a tie vote,the Chair shall abstain from voting on recommendations to the
BOCC.
14. CONFLICT OF INTEREST/APPEARANCE OF FAIRNESS FOR MEMBERS OF THE LTAC
Members of the LTAC shall not be disqualified from participating in any meetings,or in the preparation of
any reports,recommendations or correspondence of the LTAC based on any potential or actual conflict of
interest. A LTAC member is not prohibited from using their general expertise to educate the LTAC or
provide general information to the LTAC on a decision item.
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Jefferson County LTAC By-Laws
However, members of the LTAC shall disclose personal or business interests that may conflict with a
matter of discussion by the committee immediately that might tend to prejudice the member's
participation in any meetings, reports, recommendations and correspondence of the LTAC.
The LTAC members shall comply with the code of ethics for municipal officers,chapter 42.23 RCW, in the
performance of their duties. Specifically, at any time a proposal is received by the LTAC that appears to
benefit any member of the committee that person shall recuse themselves from any decision related to
that proposal.
15. REPORTS, RECOMMENDATIONS AND CORRESPONDENCE FROM THE LTAC
Reports, recommendations and correspondence from the LTAC shall be made by consensus, if possible,
and will seek opportunities to develop group solutions and resolve conflicts. To reach a consensus
decision, LTAC members will make proposals, hold additional discussion, and then the Chair will call for
the consensus decision on the proposal.
If consensus is not possible, then reports, recommendations and correspondence shall be submitted to
the BoCC on behalf of a majority of the members over the signature of the Chair. Minority reports, if any,
shall be attached to, and forwarded with such reports, recommendations or correspondence without
comment by the Chair.
Concerning items of less formal advice:after discussion in one or more meetings,the LTAC shall adopt, by
consensus, a written report on the LTAC's findings.
16. COMPLIANCE WITH THE OPEN PUBLIC MEETING ACT IS REQUIRED
Because the Board is required to consider LTAC recommendations before taking final action, all meetings
of the LTAC are subject to and shall conform with the provisions of the OPMA.
17. NOTICE OF EACH MEETING OF THE LTAC
A meeting of the LTAC will be either a regular meeting pursuant to the regular meeting schedule in Section
11 or a special meeting.
A meeting of the LTAC that is not conducted in the place or the time posted in the regular meeting
schedule is a special meeting.Special meetings shall comply with the special meeting notice requirements
in OPMA, RCW 42.30.080.
For special meetings, RCW 42.30.080 requires at least 24-hour notice that specifies the time and place of
the special meeting and the business to be transacted. Notice for a special meeting must be:
• Posted on Jefferson County's website;
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Jefferson County LTAC By-Laws
• Prominently displayed at the main entrance of Jefferson County's principal location, which is the
Jefferson County Courthouse located at 1820 Jefferson Street, Port Townsend, WA 98368 and
provide the meeting site, if it is not held at county's principal location; and,
• Delivered to each local newspaper of general circulation and local radio or television station that
has on file with the Board a written request to be notified of such special meeting or of all special
meetings.
18. AGENDA FOR EACH MEETING OF THE LTAC
The Chair shall place the interests of the committee above any personal interest. The Chair shall place
items on the upcoming agenda, which shall allow for public comment prior to taking final action,
consistent with RCW 42.30.240(1).
The LTAC shall make the agenda of each regular meeting of the governing body available online no later
than twenty-four hours in advance of the published start time of the meeting.
LTAC members wishing to review item(s) shall consult with the LTAC staff who will ask the Chair for
permission to place the item(s) on a future agenda.
19. ABSENCES
LTAC members shall notify the Chair and the LTAC staff if the member is unable to attend a LTAC regular
meeting. The Chair, with assistance the LTAC staff, shall document the excuse provided for the absences
in question. If no excuse is given for a particular absence, it shall be considered unexcused.
At the start of each meeting, the Chair will ask the LTAC staff to call the roll of LTAC members. For any
member absent, the Chair shall announce whether the member's absence is excused or unexcused. The
LTAC staff will record the roll call, and notify the Chair if a quorum is present.
The LTAC staff will maintain an ongoing attendance record for all LTAC members and provide this record
to all LTAC members, in writing, at least quarterly.
A LTAC member who accrues three(3)consecutive, unexcused absences from regular or special meetings
may be recommended to the BoCC for removal from the LTAC by the Chair with the concurrence of a
majority of the members.
20. CONDUCT OF EACH MEETING OF THE LTAC
a. All meetings of the LTAC shall comply fully with OPMA, including but not limited to: (a) The
limitation on taking action on items not listed on the notice for a special meeting; and, (2)OPMA's
public comment requirements.
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Jefferson County LTAC By-Laws
b. LTAC meetings shall follow procedural guidance set forth in Jefferson County Resolution Number
50-22, Open Public Meeting Act Guidelines for County Boards, Commissions&Committees.
c. Members and visitors at the meetings will treat each other with respect, will not monopolize
meeting time, and will listen to and try to understand each other's views.
d. The meeting agenda shall be constituted as follows:
i. Call to Order and Roll Call
ii. Public Comment
iii. Approval/Correction of Minutes from Previous Meeting(s)
iv. Committee Reports
v. Staff Reports
vi. Old Business
vii. New Business
e. Committee and Staff reports may be held in abeyance if they relate to old or new business items.
f. No new agenda item(s) wilt be taken up ONE (1) HOUR AND THIRTY (30) MINUTES AFTER
COMMENCEMENT OF THE MEETING. This does not apply to Special Meetings, where no new
agenda items may be added, if not previously noticed on the Special Meeting Agenda.
21. RECORD OF MEETINGS OF THE LTAC
Regular and special meetings of the LTAC shall be electronically recorded by audio or video, and the
recording shall be made available online for a minimum of six months.
22. MINUTES OF MEETINGS OF THE LTAC
The minutes of all regular and special meetings of the LTAC, except executive sessions, shall be promptly
recorded and such records shall be open to public inspection. The LTAC staff member shall prepare
minutes which shall be considered, revised (if necessary), and adopted by the LTAC ideally at its next
regular or special meeting.
23. AMENDMENT OF THESE BY-LAWS
These By-laws may be amended by a majority vote of the LTAC members, provided the BoCC approves
any By-law amendments by a majority vote.
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Jefferson County LTAC By-Laws
24. SAVINGS CLAUSE
Should any portion of these By-laws be declared unconstitutional or otherwise contrary to law, such
decision shall not affect the validity of the remaining portion of these By-laws.
25. EFFECTIVE DATE
These Bylaws are effective upon immediately after approval by the BoCC.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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Jefferson County LTAC By-Laws
ADOPTED THIS DAY OF , 2025
LODGING TAX ADVISORY COMMITTEE
Chair
ADOPTED this day of 2025.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
Heidi Eisenhour, Chair
Greg Brotherton, Member
Heather Dudley-Nollette, Member
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