HomeMy WebLinkAboutRESOLUTION re Revising a Policy for Consideration of Fee JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: January 16, 2024
SUBJECT: Resolution: Revising a Policy for Consideration of Fee Waiver Requests Associated
with County Government Functions
STATEMENT OF ISSUE: Resolution 74-95 was adopted by the Jefferson County Board of
Commissioners (BoCC) in August, 1995. The purpose of the resolution was to require BoCC consideration
of all requests for waiver of fees charged by the county. Experience has shown that the county receives very
few fee waiver requests and those it does receive are for trivial amounts. In addition, the criteria for
approving fee waiver requests are straightforward and simple to apply. Because of these factors the BoCC
asked staff to prepare documents necessary to delegate fee waiver approval authority to the department
directors and elected officials that impose and collect the fees subject to waiver.
ANALYSIS: The attached proposed resolution repeals and replaces Resolution 74-95 and delegates fee
waiver authority to department directors and elected officials. Fees waivers granted under the proposed
resolution must meet the same criteria as contained in Resolution 74-95 in order to be waived. These criteria
are:
• the fee waiver supports the public interest or a public benefit that is identified in writing by
the department director or designee, or is necessary to support an indigent individual;
• any and all similar requests will receive the same approval regardless of the person or
organization requesting the waiver; and,
• the amount of the fee that is waived is covered by funds already existing in the form of
grant funds or by other existing funds available to the department.
FISCAL IMPACT: None.
RECOMMENDATION: That the Board approve the attached resolution.
REVIEWED BY:
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Mark McCaul , County Administrator Dat
STATE OF WASHINGTON
County of Jefferson
A Resolution Revising a Policy for
Consideration of Fee Waiver Requests RESOLUTION NO.
Associated with County Ordinances and
Government Functions
WHEREAS, Jefferson County is a political subdivision of the state of Washington as
provided by Title 36 RCW and the Washington State Constitution Article 11,and may impose fees
to recoup the costs of providing services to the public; and,
WHEREAS, the Board of County Commissioners ("BoCC") adopted by resolution (No.
74-95) a policy allowing fee waivers to be considered by the Board of County Commissioners
under certain conditions; and,
WHEREAS, under the Policy, all requests for fee waivers were decided by the BoCC;
and,
WHEREAS, the activities of the BoCC have expanded to the point where it is no longer
feasible for the legislative body of the County to consider every fee waiver request; and,
WHEREAS, department heads and elected officials are qualified to make these decisions,
with oversight from the County Administrator's Office; and,
WHEREAS, a number of competing issues must be considered in reviewing waivers,
including that (1) fees are established to compensate the general public for costs associated with
the review of projects or activities,and the provision of goods and services by county government;
(2)state and federal laws require that public agencies treat all persons and entities equally to avoid
discrimination and ensure equal protection under the law; and (3) the Washington State
Constitution,Article 8,Section 7 prohibits the gift of public funds by local governments as follows:
"no county . . . shall hereafter give any money, or property,or loan its money, or credit to or in aid
of any individual or association, company or corporation, except as necessary support of the poor
and infirm . . ."; and
WHEREAS, any grant of a waiver of a fee should only occur in circumstances in which a
waiver of fees is in the public interest or creates a public benefit for a project or activity.
NOW, THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF JEFFERSON COUNTY:
Section 1—Fee Waiver Policy. To assure that all parties requesting a waiver of fees are treated
equally and to determine if the requested waiver of fees is in the public interest and of public
benefit, a new policy is adopted as set out in Attachment A.
Section 2—Resolution 74-95. Resolution 74-95 is repealed and replaced by this Resolution.
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Section 3—Findings. The Jefferson County Board of Commissioners adopts the above recitals
(the "WHEREAS" statements) as its findings of fact supporting this resolution.
Section 4—Severability. The provisions of this resolution are declared separate and severable. If
any provision of this resolution or its application to any person or circumstances is held invalid,
then the remainder of this resolution or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 5—SEPA Compliance. This resolution is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
Section 6—Effective Date. This Resolution shall take effect and be in full force immediately upon
passage by the Board of County Commissioners.
SIGNATURES ON FOLLOWING PAGE
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APPROVED and ADOPTED this day of , 2024.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
Kate Dean, Chair
Greg Brotherton, Member
Heidi Eisenhour, Member
SEAL:
ATTEST:
Carolyn Gallaway , CMC Date
Clerk of the Board
Approved as to form only:
Barbara D. Ehrlichman Date
Civil Deputy Prosecuting Attorney
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ATTACHMENT A
POLICY FOR CONSIDERATION OF FEE WAIVER REQUESTS BY DEPARTMENT
HEADS AND ELECTED OFFICIALS
1. Applicability. This fee waiver policy applies to requests for fee waivers which are not
otherwise covered by local, state, or federal law. If any waiver request policy exists in local
county code, or state or federal law,that codified policy shall be followed.
2. Procedure. The following procedures shall be followed in considering a fee waiver request
where no waiver request policy exists in local county code, or state or federal law:
(a) The person requesting a fee waiver shall submit a sworn declaration making the fee
waiver request in a form substantially similar to the form attached to this policy to the
director of the department which charges the fee.
(b) The department director or designee shall consider the request within 10 business days
and shall issue a decision in writing, applying each of the following criteria:
(i) the fee waiver supports the public interest or a public benefit that is identified
in writing by the department director or designee, or is necessary to support an
indigent individual;
(ii) any and all similar requests will receive the same approval regardless of the
person or organization requesting the waiver; and,
(iii) the amount of the fee that is waived is covered by funds already existing in
the form of grant funds or by other existing funds available to the department.
(c)Upon issuance of the decision on the request for a fee waiver, the department director
or designee shall send a copy of the decision to the County Administrator's Office. The
County Administrator shall monitor decisions on fee waiver requests to assure that the
Policy for Fee Waiver Requests is followed.
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DECLARATION FOR FEE WAIVER REQUEST
(1) My name is
(2) My address is
(3) I am requesting a waiver of the following fee:
(4) I declare that:
❑ I understand that the waiver of the fee must be based upon indigency,public interest, or public benefit.
❑ I cannot afford to meet my necessary household living expenses and pay the fees imposed by the
Department/Office,AND/OR
El The Department has determined that the public interest is served or there is public benefit of the fee
waiver.
❑ In addition to the information in the financial statement, I would like the Department to consider the
following:
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
Signed at (city) , (state) on (date)
Signature Print or Type Name
APPROVED OR DENIED (circle one)
Department Director or Designee Print Name and Title
Date
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